Agenda, decisions and minutes

The minutes of the meeting held on 12 July 2017 were submitted and approved and the chairman was authorised to sign them as a correct record.

An apology for absence was reported from Councillor Sabri.

Declarations of disclosable pecuniary interests (DPIs) by members as required under Section 31 of the Localism Act and of other interests as required by the Code of Conduct and regulation 12(2)(d) of the 2012 Access to Information Regulations.  (Please see note at end of agenda).

Councillors Tutt and Ungar declared a personal and non prejudicial interest in agenda item 8 (Joint transformation programme) as both had relatives involved in the process.

Councillor Tutt declared a personal and prejudicial interest in matters relating to agenda item 9 (Eastbourne business improvement district) as Chair of Eastbourne and District Enterprise Agency Limited (EDEAL). He withdrew from the room and Councillor Mattock chaired the meeting for consideration of this item.

Report of Deputy Chief Executive and Director of Planning and Strategy.

Lead Cabinet member: Councillors Gill Mattock and Dean Sabri.

(KEY) i) Achievements and progress against priorities for 2017/18 noted; ii) General Fund, HRA and Collection Fund financial performance for the quarter ended June 2017 agreed; iii) The virements agreed; iv) Amended capital programme agreed (appendix 4 of report); vi) Treasury Management performance agreed (section 5 in part B of report).

The Cabinet considered the report of the Deputy Chief Executive and Director of Planning and Strategy on the Council’s performance against the Corporate Plan’s priority actions, performance indicators and targets over the quarter one period for 2017/18.  Part B of the report detailed the Council’s financial performance during quarter one.

Visiting member, Councillor Ballard asked questions regarding the Birling Gap haze, following receipt of an anonymous email about the incident that occurred at the end of August 2017.  Councillor Ballard’s questions centred on the long term reputational risks to Eastbourne, whether the protocol exercised by the authorities was adequate and the Chairman’s future questioning of Southern Water.  Councillor Tutt responded that updates were sought daily and the issue would continue to be pursued in terms of determining the source.  He commended the emergency services for their immediate response to the incident, which had minimised public anxiety.

Visiting member, Councillor Freebody addressed the Cabinet and commended the Council’s performance for answering 86.17% of calls within 30 seconds.  Councillor Freebody asked questions on the Council’s sickness absence and net additional homes provided.  Officers responded that the rise in staff absence was due to a small number of staff with long term medical conditions. The Council’s Joint Staff Committee, attended by staff and management, had discussed this issue and were committed to working together to ensure that staff were supported.  Councillor Freebody was also advised that although only 5 net additional dwellings had been completed, 322 net additional units were under construction.

Resolved (key decision): i) That the achievements and progress against Corporate Plan priorities for 2017/18 are noted.

ii) That the General Fund, HRA and Collection Fund financial performance for the quarter ended June 2017, as set out in part B of the report be agreed.

iii) That the virements as set out in paragraph 1.4 of part B of the report be agreed.

iv) That the amended capital programme as set out in Appendix 4 be agreed.

vi) That the Treasury Management performance as set out in section 5 of part B of the report be agreed.

Report of Assistant Director of Business Transformation.

Cabinet lead member:  Councillor Dean Sabri.

(KEY) Progress made in developing the Phase Two proposals as well as the wider programme and decisions made by the Programme Board noted.

The Cabinet considered the report of the Assistant Director for Business Transformation providing an update of the joint transformation programme and decisions taken by the Programme Board.

The programme was currently in phase two and the report outlined the priorities for the next four months.  300 full time equivalent (FTE) roles were in scope for phase two and 320 staff were affected.  The proposals would see a reduction to around 237 FTE roles.

The Cabinet expressed their thanks to staff for engaging with the process and noted that around 400 responses had been received during the first consultation of phase two.

The programme was operating within the budget that was approved by Cabinet in May 2016 and phase one had delivered the savings anticipated. There were no significant variances to report.

The Assistant Director for Business Transformation would shortly be leaving the authority and the Cabinet expressed its sincere thanks for all of his work during the various transformation programmes over the years and wished him all the best for the future.

Resolved: That the Cabinet note the progress made in developing the Phase Two proposals as well as the wider programme and decisions made by the Programme Board.

(Note: Councillors Tutt and Ungar declared a personal and non prejudicial interest in this item as both had relatives involved in the process.)

Report of Director of Service Delivery.

Lead Cabinet members:  Councillor Alan Shuttleworth

(KEY) (1) Amended Business Improvement District Business Plan (appendix 1 of report) approved; (2) The Chief Executive, in liaison with the Deputy Leader of the Council and the BID company, given delegated authority to determine the most appropriate timeline for the ballot to take place; (3) That, subject to (2) above; (a) The Council’s Returning Officer (as ‘ballot holder’) be instructed to proceed with the ballot and require the lead officer for revenues, benefits and service support to supply up to date rating list information in suitable format to the ballot contractor. (b) The Chief Finance Officer given delegated authority – (i) to determine the statement of baseline services and baseline agreement and to review the agreement annually; and (ii) if the ballot is successful, to operate a BID revenue account and pass over relevant monies to the BID company. (c) Expected costs of the ballot (c.£3,500) will be met by the council. (d) The Director of Service Delivery be given delegated authority – (i) to approve the BID operating agreement; (ii) to vote in favour of the BID in respect of business hereditaments held by the council within the BID area; and (iii) if the ballot is successful, to administer, bill, collect and enforce levies under the BID scheme. (e) Note that the council’s Returning Officer is permitted to delegate his responsibilities to others and that he has engaged the services of Electoral Reform Services Ltd to undertake the ballot on his behalf. (f) Agree that the initial ‘one-off’ software costs required to collect the BID levy (c.£20,000) will be met by the council. (g) Note that the council’s reasonable costs of collecting the levy and the associated financial management costs will be recoverable from the BID levy monies (paragraph 8.4 of the report to Cabinet on 22 March 2017).

The Cabinet considered the report of the Director of Service Delivery regarding an amended business improvement district (BID) plan.  Cabinet had previously approved the BID based on the original plan at its meeting on 22 March 2017.

Since publication of the report, a revised set of recommendations had been produced to address concerns raised during an ongoing consultation with town centre traders and Legal & General. These recommendations were circulated to those present at the meeting.  Attention was drawn to revised recommendation 2 that would grant delegated authority to the Chief Executive, in liaison with the Deputy Leader of the Council and the BID company to determine the most appropriate timeline for the ballot to take place.

Visiting member, Councillor Freebody addressed the Cabinet to query the original proposed timing of the ballot but welcomed the revised recommendations to the report which addressed the timing issues.

The amended BID, appended to the report, now included a 15% discount on the BID levy for serviced tenancies that pay a separate charge (unrelated to the BID levy) to the Arndale Centre for security and marketing.  This would apply to 72 units.  Section 5.2 of the report detailed examples of levy reductions at other shopping centres.

82% of businesses had expressed support for the BID.

Resolved: (1) That the amended Business Improvement District Business Plan set out in Appendix 1 of the report be approved.

(2) That the Chief Executive, in liaison with the Deputy Leader of the Council and the BID company, be given delegated authority to determine the most appropriate timeline for the ballot to take place.

(3) That, subject to (2) above;

(a)The council’s Returning Officer (as ‘ballot holder’) be instructed to proceed with the ballot and require the lead officer for revenues, benefits and service support to supply up to date rating list information in suitable format to the ballot contractor.

(b) The Chief Finance Officer be given delegated authority –

(i) to determine the statement of baseline services and baseline agreement and to review the agreement annually; and

(ii) if the ballot is successful, to operate a BID revenue account and pass over relevant monies to the BID company.

(c) The expected cost of the ballot (c.£3,500) would be met by the council.

(d) The Director of Service Delivery be given delegated authority –

(i) to approve the BID operating agreement;

(ii) to vote in favour of the BID in respect of business hereditaments held by the council within the BID area; and

(iii) if the ballot is successful, to administer, bill, collect and enforce levies under the BID scheme .

(e) Note that the council’s Returning Officer is permitted to delegate his responsibilities to others and that he has engaged the services of Electoral Reform Services Ltd to undertake the ballot on his behalf.

(f) Agree that the initial ‘one-off’ software costs required to collect the BID levy (c.£20,000) will be met by the council.

(g) Note that the council’s reasonable costs of collecting  ...  view the full minutes text for item 32.

Report of Director of Regeneration and Planning.

Lead cabinet member:  Councillor Jonathan Dow.

(BPF) (1) Affordable Housing SPD (appendix 3 of report) endorsed and recommended for adoption by Full Council; (2) Revocation of the Affordable Housing Implementation Technical Note (adopted 2013) (appendix 4 of report) endorsed and recommended to Full Council; (3) Delegate authority to the Director of Regeneration and Planning in consultation with the Cabinet portfolio holder to make any minor or technical adjustments found necessary in the Affordable Housing SPD before being presented to Full Council.

The Cabinet considered the report of the Director of Strategy, Planning and Regeneration regarding the affordable housing supplementary planning document.

The document sought Cabinet endorsement for formal adoption at Full Council on 15 November 2017.

Councillor Dow expressed his thanks to the Senior Planning Policy Officer for their work on the document.

Resolved: (1) That the Affordable Housing SPD as set out in Appendix 3 be endorsed and recommend to Full Council for adoption.

(2) That the revocation of the Affordable Housing Implementation Technical Note (adopted 2013) as set out in Appendix 4 be endorsed and recommended to Full Council,.

(3) That delegated authority be given to the Director of Regeneration and Planning in consultation with the Cabinet portfolio holder to make any minor or technical adjustments found necessary in the Affordable Housing SPD before it is presented to Full Council.

Report of Head of Homes First.

Lead Cabinet member:  Councillor Alan Shuttleworth

(KEY) (1) Housing Allocations Policy adopted (appendix A of report); (2) Revocation of the previous Housing allocations Policy (adopted 2014) (appendix B of report); (3) Delegate authority to the Director of Service Delivery in consultation with the Cabinet portfolio holder to make any minor or technical adjustments found necessary in the Housing Allocations Policy.

The Cabinet considered the report of the Director of Service Delivery relating to the revised housing allocation policy.  Consultation resulted in 215 representations being received overall and 85 specific for Eastbourne Borough.  The representation indicated a high level of general agreement with the modifications.

Visiting member, Councillor Freebody addressed the Cabinet and queried the section of the policy that detailed how people were prioritised for properties and the different bandings.  The Director of Service Delivery responded that the section would be reviewed and the delegation set out in recommendation 3 allowed for technical adjustments to be made in consultation with the portfolio holder.  This was supported by the Cabinet.

Resolved: (1) That the Housing Allocations Policy as set out in Appendix A be adopted.

(2) That the revocation of the previous Housing allocations Policy (adopted 2014) as set out in Appendix B be approved.

(3) That delegated authority be given to the Director of Service Delivery in consultation with the Cabinet portfolio holder to make any minor or technical adjustments found necessary in the Housing Allocations Policy.

Report of Director of Service Delivery.

Lead Cabinet member:  Councillors Alan Shuttleworth

(KDGE) (1) Use Community Housing Funds allocated by Government to (a) approve a grant of £50,000 to Action in Rural Sussex (AiRS) to set up a Sussex Wide Community Housing Hub, (b) approve funding of £25,000 for Eastbourne Borough Council’s share of a post jointly funded with Lewes District Council to facilitate the Community Housing Fund (CHF). (c) Note following expenditure of items 1 and 2 above that Eastbourne Borough Council have £290,894 available to deliver further community led housing initiatives; (2) Grant delegated authority to the Director of Service Delivery in consultation with the portfolio holder to take all steps necessary for and incidental to the implementation of recommendations 1(a) and (b) above; and to allocate the uncommitted sum of £290,894 on such community led housing initiatives as they consider appropriate.

The Cabinet considered the report of the Development Project Manager regarding a £365,894 allocation of community housing funds from central government. Cabinet’s approval was sought for the specified expenditure.

The allocation specifically related to identifying new sites for affordable housing development and effective utilisation of the funds would provide another channel for the delivery of housing, regeneration and community benefits.

Resolved: (1) That the Community Housing Funds allocated by Government be used to

(a) approve a grant of £50,000 to Action in Rural Sussex (AiRS) to set up a Sussex Wide Community Housing Hub.

(b) approve funding of £25,000 for Eastbourne Borough Council’s share of a post jointly funded with Lewes District Council to facilitate the Community Housing Fund (CHF).

(c) note that, following expenditure of items 1 and 2 above, Eastbourne Borough Council have £290,894 available to deliver further community led housing initiatives.

(2) That delegated authority be granted to the Director of Service Delivery in consultation with the portfolio holder to take all steps necessary for and incidental to the implementation of recommendations 1(a) and (b) above; and to allocate the uncommitted sum of £290,894 on such community led housing initiatives as they consider appropriate.

The Chief Executive considers that discussion of the following items is likely to disclose exempt information as defined in Schedule 12A of the Local Government Act 1972 and may therefore need to take place in private session.  The exempt information reasons are shown beneath the items listed below.  Furthermore, in relation to paragraph 10 of Schedule 12A, it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. (The requisite notices having been given under regulation 5 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.)

(Note: Exempt papers are printed on pink paper).

Resolved: That the public be excluded from the remainder of the meeting as otherwise there was a likelihood of disclosure to them of exempt information as defined in schedule 12A of the Local Government Act 1972. The relevant paragraph of schedule 12A and a description of the exempt information is shown below. (The requisite notice having been given under regulation 5 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.)

The confidential minutes of the meeting held on 12 July 2017 were submitted. Subject to an amendment agreed between Councillor Smart and the Cabinet, the chairman was authorised to sign them as a correct record.

Report of Assistant Director of Human Resources and Organisational Development.     Cabinet lead member: Councillor Dean Sabri.

Exempt information reasons 1 and 2.  Information relating to an individual or likely to reveal the identity of an individual.

Update report on position of employees currently subject to the procedure noted.

The Cabinet considered the report of the Assistant Director for Human Resources and Organisational Development. The report set out the current activity within the Redundancy and Redeployment procedure and actions taken to support affected individuals.

Resolved: (1) That the actions taken to manage implications of change for displaced individuals through support, redeployment and assistance with self marketing under the Redundancy and Redeployment Procedure be noted.

(2) That the financial implications of severance for those identified in the event that redeployment is not secured by the relevant date be agreed.

Notes: (1) The report remains confidential. (2) Exempt information reasons 1 and 2 – Information relating to an individual or likely to reveal the identity of an individual.