Agenda and minutes

Executive Scrutiny Committee - Tuesday, 4th October, 2016 2.00 pm

Members of the public are welcome to attend our meetings to watch them in person at any of the venues across the County. Publicly accessible meetings held in County Hall will be webcast, which means they are available to be watched live or recorded on our website. Please see our webcasting notice here. The Committee may, in certain circumstances, resolve to hold part of the meeting in private. If this is the case, you will be required to leave the meeting.

Venue: Cabinet Room 'C' - The Duke of Lancaster Room, County Hall, Preston

Contact: Chris Mather  Tel: (01772) 533559 Email:  chris.mather@lancashire.gov.uk

Media

Webcast: View the webcast

Items
No. Item

County Councillors L Beavers, K Iddon, D Smith and D Westley replaced County Councillors D Clifford, Mrs S Charles, G Driver and M Green at the meeting.

1.

Apologies

Minutes:

None.

2.

Disclosure of Pecuniary and Non-pecuniary Interests

Members are asked to consider any Pecuniary or Non-pecuniary Interests they may have to disclose to the meeting in relation to matters under consideration on the Agenda.

Minutes:

County Councillor A Barnes declared a non-pecuniary interest in item 4c (Property Strategy (Neighbourhood Centres) Consultation) as she was Chair of the Crawshawbooth Community Association and also Leader of Rossendale Borough Council.

 

County Councillor J Oakes also declared a non-pecuniary interest in item 4c as she was the chair of the Whitewell Bottom Community Association.

 

County Councillor A Atkinson declared a non-pecuniary interest in item 9b (Award of Contracts for the Acceptance and Composting of Green Waste Arising in the Administrative County of Lancashire and Blackpool) as he was a director of Global Renewables Lancashire Operations Ltd.

3.

Minutes of the meeting held on 6 September 2016 pdf icon PDF 75 KB

Minutes:

Resolved:  That the Minutes of the meeting held on 6 September 2016 be confirmed and signed by the Chair.

4.

Reports for decision by Cabinet

Minutes:

The Committee considered the following decisions due to be taken by the Cabinet.

4a

Statutory Services Budget Review - PwC report pdf icon PDF 79 KB

Additional documents:

Minutes:

Tim Gold and Amanda Newton, PricewaterhouseCoopers (PwC), attended the meeting to present a report on PwC's independent review of the resources needed by the County Council to deliver its statutory services.  PwC had been appointed to undertake a review of the Council's business and operating model, and the 'Statutory Services Budget Review' report was the initial stage of their work.

 

It was noted that the PwC report confirmed that the County Council was not currently in a sustainable financial position, and members were informed that the report would help to press the Council's case to Government. 

 

The report highlighted that the Council was forecast to have a cumulative deficit of £398m by the end of 201/21 and an in year deficit that year of £148m.  Whilst that was predicted on all savings plans being achieved with no slippage, PwC had identified that a significant proportion of the planned savings were at risk of slippage. Even moving the Council to lower cost comparators across all services areas would not sufficiently close the Council's financial gap over the 4 year period. 

 

The Committee was informed that PwC would soon commence a second piece of work to look at the options to help address the financial difficulties facing the authority.  It was clear that the Council could not resolve the problems alone and that a very different business and operating model was needed across the public sector.  

 

Resolved:That therecommendations setout inthe reportto Cabinetbe noted,and thatno additional commentsor suggestedalternative recommendationsbe made.

4b

Money Matters - The County Council's Re profiled Capital Programme for 2016/17 to 2018/19 and later years pdf icon PDF 149 KB

Additional documents:

Minutes:

The Committee considered a report on the proposed re-profiling of the County Council's capital programme for 2016/17 to 2018/19 and, where appropriate, later years.  This had been requested by the Cabinet at its meeting in July 2016.

 

It was noted that the re-profiling did not make allowance for unanticipated service demands e.g. out of the ordinary weather conditions which could increase costs of delivery.  The Committee also noted that the report highlighted a number of specific risks within the existing programme.

 

Resolved:That therecommendations setout inthe reportto Cabinetbe noted,and thatno additional commentsor suggestedalternative recommendationsbe made.

4c

Property Strategy (Neighbourhood Centres) – Community Asset Transfer pdf icon PDF 153 KB

Minutes:

The Committee considered a report in relation to the business cases submitted by community organisations interested in in taking on the running of county council building where they were no longer required for the delivery of council services.

 

The report summarised the assessment of the bids to date and provided recommendations on the way forward.  The report also clarified the approach to be taken regarding any further expressions of interest/business cases which may be received.

 

The Committee's attention was brought to the Great Harwood Young People's Service property ((Bid reference number 78a) and the Heysham Children's and Young People's Centre (Bid reference 102b) bids that were included in table 4 - proposals that were considered to be unacceptable.  Having considered the bids further and in light of additional information, it was proposed that Cabinet be asked to move to table 3 to enable the bids to be further clarified and developed.  This amendment would be reported to Cabinet at its meeting on 6 October 2016.

 

Members agreed that it was important to give community groups and others the maximum opportunity to take over surplus buildings to enable them to enhance and develop their vital community work including the creation of independent community libraries.  It was noted that whilst the County Council would welcome further bids from community groups, there was a need for the bids to be submitted for consideration as soon as possible.

 

Resolved: That therecommendations setout inthe reportto Cabinet including the proposed amendment mentioned at the meeting be noted,and thatno additional commentsor suggestedalternative recommendationsbe made.

4d

Approval of the District of Lancaster Highways and Transport Masterplan for Publication pdf icon PDF 152 KB

Additional documents:

Minutes:

The Lancaster Highways and Transport Masterplan was presented for consideration.

 

It was noted that the response to the county council's consultation exercise on the draft Masterplan had largely endorsed the council's preferred option to improve and extend the existing transport network.  This approach would see projects already programmed completed, the obligations under the development consent order for the Heysham to M6 link road fulfilled and a wider programme of sustainable transport measures and improvements delivered. 

 

The Committee welcomed the Masterplan which presented a vision and programme of activity to deliver the objectives set out in the county council’s local transport plan and at the same time supported the growth ambitions and development expectations of key partners such as the Lancashire Enterprise Partnership and Lancaster City Council.

 

Resolved:  Thatthe recommendationsset outin thereport toCabinet benoted, andthat no additionalcomments orsuggested alternativerecommendations bemade.

4e

Flood & Water Management Act 2010 Section 19 Investigation - December 2015 Floods - Initial Report pdf icon PDF 142 KB

Additional documents:

Minutes:

The Committee agreed that County Councillor C Dereli be allowed to speak on this item in accordance with Standing Order 19(1).

 

The Committee considered a report on the investigations which had been carried out by the County Council, as Lead Local Flood Authority, following the flooding in Lancashire in December 2015.  The purpose of the investigations was to identify which flood risk management authorities had or still have relevant functions to be exercised in regard to these flood events.

 

It was noted that the report discharged the Council's Section 19 responsibilities under the Flood and Management Water Act 2010.  The Committee was informed that the report started the major process of publishing the findings of the Lancashire flood risk partnership into how local communities were flooded, so that ways of managing the risks and impacts of similar events in the future could be developed.

 

The Committee acknowledged that the December 2015 flooding had been caused by the extreme and unprecedented rainfall events of November and December 2015. However, it was important that all risk management authorities and other responsible partners including land owners undertook their duties seriously and fully utilised the powers available to them to manage the risks and impacts of similar events in the future.

 

The Committee was informed that an individual report for each district council area in Lancashire would be published in the near future.  These would cover the investigations undertaken at each identified location, any flood risk improvements already completed and the opportunities for further investigations and/or works.

 

 It was also reported that since the publication of the investigation report representations about flooding in the Burscough area had been received from the Burscough Parish Council and the West Lancashire Labour Group.  It was noted that a meeting had already been arranged with the Parish Council to discuss flooding in its area.

 

Resolved:  Thatthe recommendationsset outin thereport toCabinet benoted, and thatno additional commentsor suggestedalternative recommendationsbe made.

5.

Forthcoming Individual Cabinet Member Key Decisions

Minutes:

The Committee considered the following reports on Key Decisions due to be taken by individual Cabinet Members as indicated:

5a

Procurement Report - Request for Approval to Commence Procurement Exercises pdf icon PDF 94 KB

Additional documents:

Minutes:

The Committee considered a report on the proposed commencement of procurement exercises in relation to:

 

(i)  Occupational Health Services;

 

(ii)  Framework for the provision of Home Care Services across Lancashire for older people with physical disabilities, people with learning disabilities/autism and people with mental health problems; and

 

(iii)  Extra Care Services.

 

Resolved:  Thatthe recommendationsset outin thereport to the Leader of the County Council and to the Cabinet Member for Adult and Community Services be noted,and thatno additional commentsor suggestedalternative recommendationsbe made.

5b

Implementation of the Care Act 2014 - Approval of revised Adult Social Care Policies and Procedures, incorporating Telecare and Protection of Property pdf icon PDF 124 KB

Additional documents:

Minutes:

The Committee considered a report in respect of revisions to the following Adult Social care Policies:

 

·  Protection of Property

·  Telecare 

 

It was reported that recommendation (ii), as set out in the report, was unnecessary and had been withdrawn as the Council's Constitution already permitted the Cabinet Member and officers to undertake the proposed action, and the matter had also been covered in an earlier report to the Cabinet Member.

 

Resolved: 

 

1.  That recommendation (i), asset outin thereport to the Cabinet Member for Adult and Community Services be noted,and thatno additional commentsor suggestedalternative recommendationsbe made.

 

2.  That the withdrawal of recommendation (ii) as reported at the meeting be noted.

6.

Urgent Business

An item of urgent business may only be considered under this heading where, by reason of special circumstances to be recorded in the Minutes, the Chair of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency. Wherever possible, the Chief Executive should be given advance warning of any Member's intention to raise a matter under this heading.

Minutes:

None.

7.

Date of Next Meeting

The next meeting of the Executive Scrutiny Committee will be held on Tuesday, 8 November 2016 at 2pm County Hall, Preston.

Minutes:

It was noted that the next meeting of the Committee would be held on Tuesday 8 November 2016 at 2.00 p.m. at County Hall, Preston.

8.

Exclusion of Press and Public

The Committee is asked to consider whether, under Section 100A(4) of the Local Government Act, 1972, it considers that the public should be excluded from the meeting during consideration of the following items of business on the grounds that there would be a likely disclosure of exempt information as defined in the appropriate paragraph of Part 1 of Schedule 12A to the Local Government Act, 1972, as indicated against the heading to the item.

Minutes:

Resolved:- Thatunder Section100A(4) ofthe LocalGovernment Act,1972, the pressand publicshould beexcluded fromthe meetingduring consideration ofthe following itemsof businesson thegrounds thatthere wouldbe alikely disclosure of exemptinformation asdefined inthe appropriateparagraphs ofPart 1of Schedule 12A tothe LocalGovernment Act,1972 andthat inall circumstancesof the casethe publicinterest inmaintaining theexemption outweighsthe public interestin disclosingthe information.

9.

Forthcoming Individual Cabinet Member Key Decisions

Minutes:

The Committee considered the following reports on Key Decisions due to be taken by individual Cabinet Members as indicated:

 

9a

Award of a Flexible Agreement relating to the provision of supported living services - Transforming Care: Pan Lancashire

(Not for Publication – Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972.  It is considered that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.)

 

Minutes:

(Not for Publication – Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. It is considered that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information)

 

The Committee considered a report to go to the Cabinet Member for Adult and Community Services on the award of a Flexible Agreement relating to the provision of supported living services - Transforming Care: Pan Lancashire.

 

Resolved:- Thatthe recommendationset outin the reportto theCabinet Member for Adult and Community Services benoted andthat noadditional commentsor suggested alternativerecommendations bemade.

9b

Award of Contracts for the Acceptance and Composting of Green Waste Arising in the Administrative County of Lancashire and Blackpool

(Not for Publication – Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972.  It is considered that in all circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.)

 

Minutes:

(Not for Publication – Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. It is considered that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information)

 

The Committee considered a report to go to the Cabinet Member for Environment, Planning and Cultural Services on the award of contracts for the Acceptance and Composting of Green Waste Arising in the Administrative County of Lancashire and Blackpool.

 

Resolved:- Thatthe recommendationset outin the reportto theCabinet Member for Environment, Planning and Cultural Services benoted andthat noadditional commentsor suggested alternativerecommendations bemade.

9c

Disposal of Land at Bluebell Way Preston

(Not for Publication – Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972.  It is considered that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.)

 

Minutes:

(Not for Publication – Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. It is considered that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information)

 

The Committee considered a report to go to the Deputy Leader of the County Council on the disposal of land at Bluebell Way, Preston and the award of a conditional contract for the sale of the site.

 

Resolved:- Thatthe recommendationsset outin the reportto theDeputy Leader of the County Council be noted andthat noadditional commentsor suggested alternativerecommendations bemade.

9d

Disposal by way of formal tender Residential development land at Liverpool Road Hutton Preston PR4

(Not for Publication – Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. It is considered that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.)

 

Minutes:

(Not for Publication – Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. It is considered that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information)

 

The Committee considered a report to go to the Deputy Leader of the County Council on the sale of land at Liverpool Road, Hutton, Nr Preston.

 

Resolved:- Thatthe recommendationsset outin the reportto theDeputy Leader of the County Council be noted andthat noadditional commentsor suggested alternativerecommendations bemade.