Agenda and minutes
Venue: Scaitcliffe House, Ormerod Street, Accrington. View directions
Contact: Ben Caulfield, Policy and Scrutiny Officer
Apologies for absence, Substitutions, Declarations of Interest and Dispensations
Apologies were submitted by Councillor Noordad Aziz, with Councillor Bernard Dawson substituting.
There were no declarations of interest or dispensations.
Minutes of Last Meeting PDF 189 KB
To submit the minutes of the Resources Overview and Scrutiny Committee held on Tuesday 6th September 2022 for approval as a correct record.
Recommended - That the minutes be received and approved as a correct record.
The minutes of the last meeting on 6th September 2022 were submitted and approved as a correct record. The following issues were raised:
- Missing data relating to the market on the Performance Monitoring report. The Chair asked if the Officer had now received this data. The Committee were informed that a market update report would be submitted to the next meeting
- The Chair referred to the number of prosecutions for fly tipping being zero, and asked how many penalty notices had been issued. The Officer informed the Committee that the Communities and Wellbeing Overview and Scrutiny Committee would be scrutinizing fly tipping at the next meeting, and suggested that members of this committee could submit questions if they wished to do so.
- The Chair referred to the suggestion of a Carbon reduction Officer post. The Leader informed the Committee that this was under discussion.
Resolved - That the minutes from the Resources Overview and Scrutiny Committee meeting on 6th September 2022 be approved as a correct record.
Call-In Procedure Note PDF 128 KB
To advise the Committee of the procedure to be followed at the meeting in relation to Call-Ins. Attention is drawn to Point 8 of the Procedure.
Recommended – That the Procedure be noted and applied to the undermentioned call-in.
The Policy and Scrutiny Officer referred to the Call-in Procedure note, and explained how this would be followed for the next item on the agenda.
Call in of Cabinet Decision - Leisure Transformation Project: Consultant Appointment PDF 174 KB
At its meeting on 21st September 2022, Agenda Item 7 Leisure Transformation Project: Consultant Appointment, Cabinet resolved:
(a) Agrees to appoint Hyndburn Leisure to provide consultancy services and advice to the Council in respect of the Leisure Transformation Project and associated projects (such as the UK Shared Prosperity Fund and the proposed Arts and Cultural Investment Board) on the terms set out in this report;
(b) Agrees to waive the Council’s Contract Procedure Rules in respect of the proposed appointment for the reasons set out in the report;
(c) Delegates authority to the Executive Director (Legal & Democratic Services) to prepare and settle the terms of the deed of appointment of Hyndburn Leisure in respect of the above
In accordance with the Call-In Procedure for Cabinet Decisions, the procedure has been activated. The following documents are included:
Copy of Cabinet Report from 21st September 2022 – Leisure Transformation Project: Consultant Appointment
Extract from Minutes of Cabinet 21st September 2022
Recommended – That the Committee does ONE of the following:
· To release the Cabinet decision in full for implementation; or
· To release the Cabinet decision in part for implementation, and refer the outstanding part of the decision back to the decision making body forreconsideration, setting out in writing the nature of its concerns; or
· To refer the decision back to the decision making person or body for reconsideration, setting out in writing the nature of its concerns. The decision maker shall then reconsider amending the decision or not, before adopting a final decision.
The Chair welcomed those present at the meeting for this item. The Leader and Deputy Leader of the Council, Councillors Miles Parkinson and Marlene Haworth were present. The Deputy Chief Executive of the Council, Joe McIntyre, and Executive Director (Legal), Jane Ellis, were in attendance to provide support.
As per the Council’s Call-In procedure, the Chair invited the sponsor of the call-in, Cllr Scott Brerton to explain the reasons for the call-in.
Cllr Brerton presented the case, and highlighted that the main reasons were included on the call-in form. He said that he is supportive of Hyndburn Leisure and the services they provide, however, he sought clarity on the following issues:
- Are Hyndburn Leisure the best provider to deliver this contract?
- Is the Portfolio Holder confident that they have the relevant expertise?
- Why were the Council’s contract procedure rules waived?
The Leader of the Council responded. He highlighted that Hyndburn Leisure have an excellent record of providing consultancy services to the Council, particularly around the Hyndburn Hub and the Council’s response to the pandemic. He also highlighted the benefits of spending money locally were possible, with alternate providers likely to be out of town consultants who have never been to Hyndburn before.
Cllr Brerton asked about the break clause in the contract should the current Chief Executive of Hyndburn Leisure leave. Jane Ellis explained that break clauses of this nature are very common. She was also clear that the Council are buying the expertise of the Chief Executive, therefore the break clause is in the Council’s best interests.
Cllr Paddy Short said that he supports the decision. Hyndburn Leisure are well regarded by residents and provide excellent services beyond their typical leisure remit. He also said that he is pleased that the Council’s money is being spent locally.
Cllr Carol Haythornthwaite said that Hyndburn Leisure built a fantastic network during the pandemic which is still thriving today, and she supports the decision.
Cllr Bernard Dawson asked how conflicts of interest can be avoided with this decision. Joe McIntyre referred to the specifics of the contract. Hyndburn Leisure will be engaged in an advisory role only, they will not be taking decisions. Decisions will sit with the Deputy Chief Executive or with Cabinet when required. Decisions will be taken in the best interests of the Council.
Cllr Andrew Clegg referred to the arts and cultural aspect of the contract. The Borough has a well-established Civic Arts Trust who could have a role to play with providing arts and culture based advice. The Leader responded that there will be a group formed and he hoped the Civic Arts Trust, and other organisations would be a part of the group.
As per the Call-In Procedure, the Chair invited Cllr Scott Brerton to sum up. Cllr Brerton summarised his concerns, and recommended that due to the concerns outlined, the decision be referred back to Cabinet for reconsideration. The recommendation was seconded by Cllr Bernard Dawson. Two votes were in favour and ... view the full minutes text for item 166.
Revised work programme schedule PDF 156 KB
To advise the committee of revisions to the Work Programme.
Recommended - That the revisions to the work programme be noted.
The Chair invited the Policy and Scrutiny Officer to present this item.
Ben Caulfield, explained that the Work Programme was approved by this committee at its meeting on 19th July 2022. The Work Programme requires some degree of flexibility with items often added in year or dates in which specific items will be scrutinised changed for various reasons including needs of the service or Councillor’s requests.
The revised work programme is outlined in paragraph 3.9.
The Chair informed the Committee that he wished to bring forward the item on Planning to the December meeting, and would push the item on transparency back to the March meeting to accommodate this.
Resolved - That the changes to the work programme, outlined in paragraph 3.9 with the addition of the Chair’s changes above be noted.
Capital Programme 2022/23 - Accrington Stanley Community Trust Grant Funding Request PDF 188 KB
The report informs the Committee of the background detail in relation to Accrington Stanley Community Trusts application for a grant to support the extension of the Stanley Sport Hub on Thorneyholme Road Accrington.
Recommend - That the report be noted.
Cllr Paddy Short stated a personal interest as he works closely with Accrington Stanley Community Trust in his role as Armed Forces Champion. The Policy and Scrutiny Officer advised that this did not exclude him from taking part in this item.
The Chair welcomed the Leader of the Council, Cllr Miles Parkinson and the Deputy Chief Executive, Joe McIntyre to report on this item.
The Leader explained the background to the grant, and how ASCT had taken over the running of Highams several years ago after the proposal to Council was accepted. ASCT have since transformed the site creating high quality facilities used by thousands of people, on a once underused site. The Council’s £250k grant from this years’ capital programme is helping to unlock a further £3 million in investment on the site from various sources. An excellent service is being provided to residents of the Borough, which would cost the Council its self significantly more than a one of capital investment to deliver. ASCT are helping the Council deliver physical and mental health improvements to residents, its sports development aims and providing local jobs.
The Chair highlighted some concerns. He saw £250k as a large investment when some townships seemed to be receiving very little. The Leader responded that there had been investment, and there was future planned investment in many of the boroughs townships, providing several examples including Bank Mill House in Great Harwood.
Committee members raised points on the following:
- The benefit to the borough
- Value for money
- Success of the current facility
- Improvements to car parking in the area
Resolved - That the Committee supports the investment made and recognises the benefit to the community.