Meeting documents

Overview and Scrutiny Committee
Tuesday, 12th June, 2012 7.30 pm

Time: 7.30pm Place: Committee Room 1, Council Offices, Gernon Road, Letchworth Garden City
 PRESENT: Councillor R.L. Shakespeare - Smith (Chairman), Councillor A.F. Hunter (Vice - Chairman), Councillor Clare Billing, Councillor John Booth, Councillor Bill Davidson, Councillor Cathryn Henry, Councillor R.E. Inwood (substitute), Councillor David Kearns, Councillor David Leal - Bennett, Councillor Alan Millard, Councillor Gerald Morris (substitute), Councillor Lawrence Oliver (substitute), Councillor Deborah Segalini.
 IN ATTENDANCE: Vaughan Watson (Head of Leisure and Environmental Services), Anthony Roche (Acting Corporate Legal Manager), Johanne Dufficey (Customer Services Manager), Fiona Timms (Performance and Risk Manager), Andrew Mills (Service Manager - Grounds Maintenance), Brendan Sullivan (Scrutiny Officer) and Hilary Dineen (Committee and Member Services Officer).
 ALSO PRESENT: Councillor Peter Burt (Portfolio Holder for Waste Management, Recycling and Environment).
Item Description/Resolution Status Action
PART I
1 APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors Alan Bardett, David Billing, John Bishop and S. K. Jarvis.

Councillor Robert Inwood advised that, having given due notice, he would be substituting for Councillor David Billing.

Councillor Gerald Morris advised that, having given due notice, he would be substituting for Councillor John Bishop.

Councillor Lawrence Oliver advised that, having given due notice, he would be substituting for Councillor. S. K. Jarvis.
Noted   
2 MINUTES
Minutes

The Chairman advised that the request made at Minute 103 to circulate the Police Authority PowerPoint presentation should have been to all Members not just those of this Committee.

RESOLVED:
(1) That the second resolution of Minute 103 be amended to read:
"That the Committee and Member Services Officer be requested to circulate a copy of the Police Authority PowerPoint presentation to all Members of the Council."

(2) That, subject to the above amendment to Minute 103, the Minutes of the Meeting held on 13 March 2012 be approved as a true record of the proceedings and be signed by the Chairman.
Agreed   
3 NOTIFICATION OF OTHER BUSINESS

No other business was submitted for consideration by the Committee.
Noted   
4 PUBLIC PARTICIPATION

There were no presentations from members of the public.
Noted   
5 URGENT/GENERAL EXCEPTION ITEMS

No urgent or general exception items were received.
Noted   
6 CALLED IN ITEMS

Since the last meeting, no decisions had been called-in by the Overview and Scrutiny Committee.
Noted   
7 CHAIRMAN'S ANNOUNCEMENTS

(1) The Chairman announced that Councillor David Billing had been unwell recently and that he would be passing on the Committee's best wishes for a speedy recovery.

(2) Members were reminded that any declarations of interest in respect of any business set out in the agenda, and the nature of the interest, should be declared as either a prejudicial or personal interest at the commencement of the relevant item on the agenda. Members declaring a prejudicial interest should leave the room and not seek to influence the decision during that particular item;

(3) The Chairman gave a further reminder that any advice from a Member of the Committee concerning a party whip direction should also be declared.
Noted   
8 PRESENTATION BY THE PORTFOLIO HOLDER FOR WASTE, RECYCLING AND ENVIRONMENT

Councillor Peter Burt, the Portfolio Holder for Waste Recycling and Environment, gave a PowerPoint presentation in respect of the How the amount of recycling would be increased and grounds maintenance and amenity areas and informed Members of the following:

WASTE AND RECYCLING
- New display boards had been placed on the waste collection vehicles
- There had been a general increase in the percentage of waste that is recycled/composted, which currently stood at approximately 50 percent;
- The target set for NI 192 % of household waste sent for re-use, recycling and composting had been met;
- The number of tonnes of composting, recycling and household waste had remained consistent since the introduction of alternative weekly collections, with the amount sent for composting peaking during summer months;
- There had been a reduction in the amount of paper that had been recycled, however this was a reflection of the economic turndown and percentages had been maintained;
- NI 191 Kg residual waste per household had been reducing year on year;
- Despite being a rural area NHDC exceeded performance requirements for NI 195 Street Cleaning.

FUTURE PLANS FOR WASTE AND RECYCLING
- Cardboard
Recycling of Cardboard had presented some problems as some manufacturers coated cardboard with plastic, although Cumberlows Composting Facility had invested in equipment which helped remove the plastic. The composting process was hindered during the winter when there was a lower percentage of vegetation to cardboard;
- Food waste
Options were being considered to increase food waste collection such as separate weekly collection or food waste caddy and compostable bags
- Commercial waste recycling
Companies need to separate waste in to paper, glass, cans and cardboard
prior to collection for recycling.

Members asked several questions including whether there was a general reduction in waste during a recession and how did NHDC compare with other authorities; how companies would be encouraged to prepare waste for collection. They asked for information regarding the collection of plastics and why NHDC did not make kerb side collections.

Councillor Burt informed Members that waste was reduced during periods of recession and that options regarding encouraging companies to prepare waste for recycling would be considered.

The Head of Leisure and Environmental Services advised that NHDC had been a high producer of waste in the past, but had reduced to average. He advised that bring banks for plastics had been well used and collected as much as other authorities who had kerb side collections, but the number of vehicles required and fuel used to convert plastic to other products were not viable. Although plastics accounted for approximately 2 percent of waste, food waste accounted for 30 percent, therefore it was important to focus efforts where a difference could be made and make best use of limited resources.

PARKS AND GROUNDS MAINTENANCE - OVERVIEW
- The whole operation was contracted out to John O'Conner Grounds Maintenance Ltd until 31st March 2017;
- The Grounds Team was responsible for the management and maintenance of anything that is green and grows within a park or open space that is owned by NHDC or that NHDC have a responsibility for under a negotiated agreement;
- The two main agreements for grounds maintenance were with North Herts Highways Partnership which expired March 2013 for maintenance of the highway verges and North Herts Homes which expired March 2017 for maintenance of all the former housing areas throughout the District;
- John O'Conner's currently employed 40 staff to provide the service across the District;
- North Herts District Council employed 4 staff to monitor the service provided;
- The annual budget for the contract was approximately £1.5 million.

PARKS AND GROUNDS MAINTENANCE - WORK UNDERTAKEN
- Grass Cutting
NHDC currently maintained just under 2.4 million square metres of grass, 2 million of which was cut on a two week cycle;
- Play Grounds
NHDC had 51 play grounds across the district which were inspected daily, 365 days a year before 12 noon and were then reported to the Grounds Team on a weekly basis;
- Football
NHDC had 26 pitches, which are used for 32 weeks a year;
- Dog Bins
There were 371 dog bins across the district, which were emptied 52 times a year;
- Litter Bins
There were 298 litter bins in parks and open spaces across the district of which 150 on high profile sites were emptied twice a day;
- Shrub/Rose Borders
There were 57,500 square metres of shrubs or rose borders across the district;
- Paddling Pools
NHDC maintained the paddling pools at Howard Gardens Letchworth and Avenue Park Baldock;
- Cemeteries
NHDC maintained 7 cemeteries across the district and on average there were 450 burials annually;
- Pest Control
The contract also provided the Councils Pest Control Service to control rats, mice, lice, fleas wasps etc. Between 300 and 500 visits were undertaken annually.

RECENT SUCCESSES
- Howard Park and Gardens Official Launch;
- Greenflag Awards for Norton Common & Priory Memorial Gardens;
- External Grants for Ivel Springs, Pixbrook Meadows & Weston Hills totalling more than £100,000;
- Regular volunteer activities on numerous locations throughout the year;
- Football pitch at Cadwell Lane Hitchin renovated;
- Entrance into Avenue Park Baldock renovated.

Members asked several questions including how many of the cemeteries which were maintained were closed and whether there were penalties imposed when service was not satisfactory.

Councillor Burt informed Members that the 7 mentioned cemeteries were all in use however NHDC also maintains closed cemeteries.
The Service Manager - Grounds Maintenance explained that a points system was used to monitor the service and that penalties were available should the level of service not be satisfactory.

RESOLVED:
(1) That the Portfolio Holder for Waste, Recycling and Environment be thanked for his informative presentation:

(2) That the Head of Leisure and Environmental Services be requested to advise all Members of the Overview and Scrutiny Committee of the amount of plastics (tonnage) which is recycled by NHDC and other local Councils.

REASON FOR DECISION: To enable the Overview and Scrutiny Committee to consider and understand the issues being addressed by the Portfolio Holder for Waste, Recycling and Environment.
Agreed  Head of Leisure & Environmental Services

9 MEMBERS' QUESTIONS

No questions had been submitted.
Noted   
10 RESOLUTIONS OF THE OVERVIEW AND SCRUTINY COMMITTEE
Covering Sheet
Resolutions Report

The Scrutiny Officer presented the report entitled Resolutions of the Overview and Scrutiny Committee and drew attention to the following:

DECEMBER 2011 MINUTE 66
That Cabinet had supported all recommendations of the Task and Finish Group on Project Boards except for 2 and 7.

Members considered that a local members should be appointed on Project Boards which were area specific and requested information regarding the number of Project Boards convened over the last 5 years and whether there was local representation on these boards.

JANUARY 2012 MINUTE 74
The Scrutiny Officer advised that 3 service reviews had commenced and that these reports would be presented to the Committee in due course.

FEBRUARY 2012 MINUTE 93
In respect of the Task and Finish Group on Communication and Consultation with Members recommendation 5, Members understood the response from Cabinet regarding the disproportionate amount of Officer time, however suggested that when a new monitoring system was purchased the need for monitoring response times to enquiries by email and letter to both Members and the public should be included

RESOLVED:
(1) That the Scrutiny Officer be requested to investigate how many Project Boards have been in existence over the last 5 years and whether there has been local area participation on these Project Boards;

(2) That the Scrutiny Officer be requested to present the results of the 3 service reviews to this Committee as soon as the final reports become available;

(3) That the Strategic Director of Customer Services be requested to take note of the need for monitoring response time to emails and letters from both Members and the public when considering the purchase of a new customer service monitoring system.

(4) That the actions resulting from the resolutions of the Overview and Scrutiny Committee be noted.

REASON FOR DECISION: To enable the Overview and Scrutiny Committee to review and monitor the progress of resolutions made.
Agreed  Strategic Director of Customer Services, Scrutiny Officer

11 MONITORING OF THE REGULATION OF INVESTIGATORY POWERS ACT 2000 (RIPA)
Report

The Acting Corporate Legal Manager presented a report entitled Monitoring of Investigatory Powers Act 2000 and drew attention to Paragraph 4.1 of the report which demonstrated that there had been no further RIPA authorisations since the last report to the Committee on 6 December 2011. He advised that there had been legislative changes which would mean that these powers were likely to be used less often.

Members requested that a description of the type of use of RIPA be included in the Members Information Service.

RESOLVED:
(1) That the Acting Corporate Legal Manager be requested to include in the Members information Service a description of the type of use of the Regulation of Investigatory Powers Act 2000;

(2) That the matters contained the in report entitled Monitoring of the Regulation of Investigatory Powers Act 2000 be noted.

REASON FOR DECISION: To enable the Overview and Scrutiny Committee to properly monitor the use of the Regulation of Investigatory Powers Act 2000 (RIPA).
Agreed  Senior Lawyer

12 PERFORMANCE INDICATOR MONITORING REPORT - APRIL 2011 TO MARCH 2012
Report
Appendix A

The Performance and Risk Manager presented the report entitled Performance Indicator Monitoring April 2011 to March 2012 and drew attention to the following:

PERFORMANCE COMPARISON - TRAFFIC LIGHT STATUS
The Performance and Risk Manager advised that:
- 5 indicators met or exceeded the annual target - "Green";
- 5 indicators did not achieve the annual target but performance was within the agreed tolerance level - "Amber";
- 5 indicators did not achieve the annual target and performance was outside the agreed tolerance level - "Red";
- 5 indicators are recorded as data only and have no target;
- 1 indicator is no longer required to report data for 2011/12.

BV12 - WORKING DAYS LOST DUE TO SICKNESS ABSENCE
That Performance and Risk Manager advised that sickness absence fell below the agreed target of 8 days in the final quarter turning this indicator from amber to green.

Members asked what issues affected this indicator.

The Performance and Risk Manager advised that long term sickness had had a big impact on the average number of days absence in 2011/12 and that it should be noted that over 40 percent of staff had no sickness absence during the year.

The Acting Corporate Legal Manager advised that the level of sickness absence was below the national average.

NI191 - KILOGRAMS OF RESIDUAL WASTE PER HOUSEHOLD
The Performance and Risk Manager advised that:
- The figures quoted were an estimate pending confirmation from Hertfordshire County Council;
- This indicator turned from green to amber, however if the figures prove correct the target was only missed by 1 kilogram.

BV9 - PERCENT OF COUNCIL TAX COLLECTED.
The Performance and Risk Manager advised that the traffic light for this indicator had turned from green to red, however the collection rate of 98.63 percent was a good level in the current economic climate.

BV213 - NUMBER OF HOUSEHOLDS WHERE HOMELESSNESS WAS PREVENTED PER 1,000 HOUSEHOLDS.
The Performance and Risk Manager advised that this indicator had turned from green to red.

Members noted that an upcoming Task and Finish Group would include homelessness.

DIRECTION OF TRAVEL
The Performance and Risk Manager advised that:
- 7 indicators had an improved level of performance;
- 7 indicators showed a decline in performance;
- 2 indicators showed no change in performance;
- 5 indicators did not have comparable data or a direction of travel was not applicable;
- Data was still to be provided for 2 indicators where it would be possible to measure the direction of travel.

RESOLVED: That the out turn of the performance indicators for the period from April 2011 to March 2012 be noted

REASON FOR DECISION: To enable the Overview and Scrutiny Committee to effectively review the performance of the Council in relation to its performance targets.
Agreed   
13 CORPORATE PRIORITIES
Report
Appendix A - Timetable

The Performance and Risk Manager presented the report entitled Corporate Priorities and advised Members that the report summarised Key projects for 2011/12 and new projects for 2012/13. She advised that the priorities for 2013/14 would remain unchanged as Living within our means to deliver cost effective services, Working with local Communities and Protecting or Environment for our Communities.

Members asked why there was no reference to slippage regarding the re-roofing of North Herts Leisure Centre and expressed concern that projects that did not meet the target date were not being bought to Members' attention.

The Performance and Risk Manager informed Members that a decision had been taken not to do detailed monitoring of the Priorities for the District projects due to the reduction in the performance team, however details were available on Covalent.

RESOLVED:
(1) That the Finance and Risk Manager be requested to provide comprehensive comments on exceptions in future reports;

(2) That delivery against key projects stated in the Priorities for the District 2011/12 be noted;

(3) That the high level council priorities for 2013/14 of "Living within our means to deliver cost-effective services", "Working with local communities" and "Protecting our environment for our communities" be noted.

REASON FOR DECISION: To enable the Overview and Scrutiny Committee to consider the Council's performance regarding delivery of key projects and consider the priorities for the District for 2013/14 prior to consideration by Cabinet on 19 June 2012.
Agreed  Performance and Risk Manager

14 COMMENTS, COMPLIMENTS AND COMPLAINTS (3CS) FULL REPORT - 1 APRIL 2011TO 31 MARCH 2012
Report
Appendix A
Appendix B

The Customer Services Manager presented the report of the Strategic Director of Customer Services entitled Comments, Compliments and Complaints (3Cs) 1 April 2011 to 31 March 2012 and drew attention to the following:

- The number of 3Cs had remained constant with the previous year at 2560 for 2011/12 (2454 for 2010/11)
- 339 complaints had been received in 2011/12 (343 in 2010/11);
- The number of complaints had continued to decrease year on year;
- The number of complaints equated to 0.05 percent of contacts made by telephone, email and in person;
- 18 complaints were escalated to stage 2;
- Four customers escalated their complaints to the Local Government Ombudsman, who found no evidence of maladministration;
- 34 Complaints related to third parties such as Hertfordshire County Council and Police;
- Compliments had increased, with the majority being for Museums, which were recorded in a visitors book;
- 62 percent of complaints had been responded to within 10 days and the customers kept informed if a response took longer;

Members expressed concern that the number of compliments from museums were included as this as the method of collection was different from other services, they felt that these should be reported separately and not included in overall figures. They asked the Customer Service Manager to investigate whether or not website feedback had been included and if not, do include it in future.

The Chairman asked that all staff be complimented for the very good results demonstrated.

RESOLVED:

(1) That the good performance in managing 3Cs between 1 April 2011 and 31 March 2012 be noted;

(2) That the continued reduction in complaints to the Council and the reasons for this be noted;

(3) That compliments received for the Museums service not be included in the summary of Comments, Compliments and Complaints, but rather reported separately in order to more accurately reflect general trends;

(4) That the Customer Services Manager be requested to investigate whether the internet feedback regarding 3Cs were included in the statistics as presented and circulate her findings to all Members of this Committee;

(5) That the staff of the Council be complimented for their high standard of work, which has contributed towards the results included in this report.

REASON FOR DECISION: To enable the Overview and Scrutiny Committee to comment on the management of Comments, Compliments and Complaints (3Cs).
Agreed   
15 TASK AND FINISH GROUP ON STREET CLEANSING
Report

Councillor Hunter, Chairman of the Overview and Scrutiny Task and Finish Group on Street Cleansing, presented the report to the Committee and drew attention to the following:
- The Task and Finish group had been a good health check for the service;
- The Service was considered value for money by the Group;
- There was a good working relationship between NHDC and the contractor.

Members asked several questions including whether the Task and Finish Group had considered the FSR on Street cleaning which took place some 5 years ago and where the figure of 80 percent satisfaction came from. They expressed concern that no members of the public had been interviewed and that the scope had not been adhered to in regard to witnesses.

Councillor Hunter advised that the Group did not consider the FSR on Street Cleansing as they were concerned with the service as it performed today

The Scrutiny Officer advised that a bespoke survey had been drawn up for the Task and Finish Group and the results of this survey was an 80 percent satisfaction rate. He advised that there was dissatisfaction with issues that NHDC were not responsible for and in rural areas, however the Group acknowledged that the service received was value for money. He stated that one of the disadvantages of a 1 day Task and Finish Group was the limited number of people who could be called as witnesses.

RESOLVED:
(1) That the Chairman of the Task and Finish Report on Street Cleansing be requested to identify which witnesses attended the review and provide clear evidence of public satisfaction;

(2) That future Task and Finish Group reports include more substantive details on questions asked and witnesses, particularly where the original scope had not been adhered to.

(3) That, following any amendments required by the Chairman of the Task and Finish Group on Street Cleansing, the report be circulated to all members of the Overview and Scrutiny Committee for comment and be presented to Cabinet on 31 July 2012.

REASON FOR DECISION: To enable Members to comment on the Report of the Task and Finish Group on Street Cleansing prior to consideration by Cabinet on 19 June 2012.
Agreed   
16 PROTOCOL FOR TASK AND FINISH GROUPS
Protocol covering report
Protocol for Task and Finish Groups

The Scrutiny Officer advised that the Protocol for Task and Finish Groups had been developed in consultation with the Chairman and Lead Officer of the Overview and Scrutiny Committee

RESOLVED: That the Protocol for Task and Finish Groups be noted.

REASON FOR DECISION: To enable the Overview and Scrutiny Committee to comment on the Protocol for Task and Finish Groups.
Agreed   
17 OVERVIEW AND SCRUTINY COMMITTEE WORK PROGRAMME
Work Programme Report
Appendix A - Draft Work Programme
Appendix B - Forward Plan

The Scrutiny Officer presented the Overview and Scrutiny Committee Work Programme and drew attention to the following:

PRESENTATION BY THE LEADER OF THE COUNCIL
Members considered whether or not the Leader of the Council should be required to attend the first meeting of the Overview and Scrutiny Committee of the Civic Year. They considered that it was important that she be invited as early in the Civic Year as possible, but the requirement for this to be the first meeting was very prescriptive and that a request should be made for the Constitution to be amended.

PORTFOLIO HOLDER PRESENTATIONS
Members considered whether Portfolio Holders should be asked to present to the Committee as a matter of course. They felt that this was the only opportunity for Members to question a Portfolio Holder, however a request should be made for presentations to be more focused in order to allow more intense scrutiny also that invitations should be more appropriately timed, for instance when a report in their area is being considered.

They considered that Members of the Committee would benefit from a brief overview of the presentation being circulated to Members in advance of the meeting in order for more considered scrutiny to take place.

FORWARD PLAN
The Scrutiny Officer advised Members that one of the issues regarding items on the Forward Plan was that this Committee considered reports at a late stage and that it would be helpful to see reports at an earlier stage in order for the Committee to have an input.

They considered that briefing notes should be requested, which would discuss the thoughts regarding a particular issue or a first draft of a report should be presented.

The Acting Corporate Legal Manager advised that all documents presented to this Committee were in the public domain and that, because of this, information provided at an early stage could be so limited as to frustrate Members rather than be of value.

The Head of Leisure and Environmental Services reminded Members that documents considered by the Committee were in the public domain and that contracts would have commercially sensitive information included and that it may not be possible to produce anything meaningful that far in advance.

Members decided to request that 3 reports be presented at an early stage, in order to assess whether this strategy would be successful.

TASK AND FINISH GROUPS
The Scrutiny Officer advised that he would be contacting Members regarding the upcoming Task and Finish Group on Neighbourhood Policing.

WORK PROGRAMME
The Chairman requested that Members consider how to enhance public participation at the next meeting of the Committee

RESOLVED:
(1) That the Overview and Scrutiny Committee Work Programme be noted;

(2) That the Leader of the Council and Chief Executive be requested to consider the following amendment to the Overview and Scrutiny Function - General Terms of Reference section of the Constitution to read:

"10. To receive reports from the Leader on the Cabinet's priorities for the coming year and its performance in the previous year."

(3) That the Scrutiny Officer request that briefing notes, or a suitable alternative be presented to this Committee at least one complete Committee Cycle before being considered by Cabinet for the following items on the Pending Items List of the Forward Plan:
(i) Core Strategy - Proposed Submission Development Plan Document (DPD);
(ii) Development Policies - Proposed Submission DPD;
(iii) Renewal of Letchworth Leisure Contract.

(4) That the Scrutiny Officer be requested to invite the Portfolio Holder for Housing and Environmental Health to present to this Committee regarding Housing and Homelessness;

(5) That the Scrutiny Officer request that Portfolio Holders circulate a brief overview of their presentation to all Members of the Overview and Scrutiny Committee prior to the meeting;

(6) That the Scrutiny Officer be requested to prepare a paper regarding methods to improve public participation for both attendance at Overview and Scrutiny Committee meetings and giving evidence to Task and Finish Groups;

REASON FOR DECISION: To enable the Overview and Scrutiny Committee to plan and carry out its workload efficiently and effectively.
Agreed  Interim Chief Executive, Scrutiny Officer