Meeting documents

Overview and Scrutiny Committee
Tuesday, 23rd July, 2013 7.30 pm

Time: 7.30pm Place: Council Chamber, Council Offices, Gernon Road, Letchworth Garden City
 PRESENT: Councillor R.L. Shakespeare - Smith (Chairman), Councillor Clare Billing, Councillor John Booth, Councillor Bill Davidson, Councillor Jean Green, Councillor David Kearns, Councillor David Leal - Bennett, Councillor Gerald Morris, Councillor M.R.M. Muir and Councillor Deborah Segalini.
 IN ATTENDANCE: David Scholes (Chief Executive), John Robinson (Strategic Direstor of Customer Services), Andy Godman (Head of Housing and Public Protection Service), Anthony Roche (Acting Corporate Legal Manager), Fiona Timms (Performance and Risk Manager), Andrew Mills (Service Manager - Grounds Maintenance), Rebecca Coates (Community Safety Manager), Liam Byott (Solicitor), Brendan Sullivan (Scrutiny Officer) and Hilary Dineen (Committee and Member Services Officer).
 ALSO PRESENT: Councillor David Levett (Portfolio Holder for Policy and Green Issues), Councillor Tony Hunter (Portfolio Holder for Community Engagement and Rural Affairs) and Councillor Julian Cunningham.
Item Description/Resolution Status Action
PART I
17 APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors Cathryn Henry and S.K. Jarvis.
Noted   
18 ELECTION OF A VICE-CHAIRMAN

The Chairman advised the Committee that he was feeling unwell and was unsure whether he could complete the meeting and that, as a precaution, he felt it was sensible to elect a Vice-Chairman for the meeting. He suggested that Councillor Gerald Morris be elected as Vice Chairman for the duration of the meeting. There were no other nominations and the Committee agreed.

RESOLVED: That Councillor Gerald Morris be elected as Vice-Chairman for the duration of the meeting.
Agreed   
19 MINUTES
Minutes

RESOLVED: That the Minutes of the Meeting held on 11 June 2013 be approved as a true record of the proceedings and be signed by the Chairman.
Agreed   
20 NOTIFICATION OF OTHER BUSINESS

No other business was submitted for consideration by the Committee.
Noted   
21 CHAIRMAN'S ANNOUNCEMENTS

(1) The Chairman welcomed Chief Inspector Donna Pierce (Hertfordshire Constabulary), Councillor David Levett (Portfolio Holder for Policy and Green Issues), Councillor Hunter (Portfolio Holder for Community Engagement and Rural Affairs) and Councillor Julian Cunningham to the meeting.

(2) The Chairman paid tribute to Councillor David Billing who passed away on Monday 7 July 2013 and asked those present to stand to observe a minute's silence in memory of Councillor David Billing.

(3) Members were reminded that any declarations of interest in respect of any business set out in the agenda, should be declared as either a Disclosable Pecuniary Interest or Declarable Interest and are required to notify the Chairman of the nature of any interest declared at the commencement of the relevant item on the agenda. Members declaring a Disclosable Pecuniary Interest must withdraw from the meeting for the duration of the item. Members declaring a Declarable Interest which requires they leave the room under Paragraph 7.4 of the Code of Conduct, can speak on the item, but must leave the room before the debate and vote.
Noted   
22 PUBLIC PARTICIPATION

There were no presentations from members of the public.
Noted   
23 UPDATE ON POLICING TASK AND FINISH GROUP
Report

Chief Inspector Donna Pierce gave a verbal update regarding the Policing Task and Finish Group and advised that an action plan based on the recommendations of the Task and Finish Group had been drawn up and was presented in the agenda.

She informed Members that there had been no significant changes to the neighbourhood policing teams in North Hertfordshire. Inspector Danny Lawrence had joined the team and was taking the lead in taking forward the recommendations of the Task and Finish Group.

There were internal reviews regarding educational support Police Community Support Officers and from enquiry offices within the District and the implications of these reviews were being considered although it should be noted that front enquiry offices in North Hertfordshire would be closed from 10 August 2013.

Members asked several questions including whether handovers between shifts could take place and IT resources could be maintained permanently at Baldock Community Centre which would mean that officers did not have to start and finish all shifts in Letchworth and whether a "blue lamp" could be installed at the Community Centre to indicate a police officers were based there.

Members were concerned at the closure of all front enquiry offices in North Hertfordshire and asked whether the telephones currently based outside of police stations would remain.

Chief Inspector Pierce agreed to investigate whether handovers and IT could be based at Baldock Community Centre and whether or not a "blue light" could be installed there. She confirmed that the telephones outside of police stations would remain.

Members asked how social media was being used; whether the new acquired quad bike was available for use throughout the District and whether police officers used bicycles regularly.

Chief Inspector Pierce advised that Twitter accounts had been opened for each area in the District and these were being used regularly; that use of the quad bike was currently being trialled in the Hitchin Rural area and that all police officers had use of bicycles.

The Chairman thanked Chief Inspector Pierce for the informative update and for the work undertaken so far on the recommendations of the Task and Finish Group.

RESOLVED:
(1) That Chief Inspector Pierce be requested to investigate whether handovers can take place and IT resources can be maintained permanently on site in Baldock Community Centre;

(2) That Chief Inspector Pierce be requested to investigate whether a "blue lamp" could be installed outside Baldock Community Centre to indicate the Police presence.

REASON FOR DECISION: To enable the Overview and Scrutiny Committee to be apprised of work undertaken by Hertfordshire Constabulary following the Policing Task and Finish Group.
Agreed   
24 URGENT/GENERAL EXCEPTION ITEMS

No urgent or general exception items were received.
Noted   
25 CALLED-IN ITEMS
Extract from Minutes of Cabinet meeting held on 18 June 2013
Report considered by Cabinet on 18 June 2013
Appendix A considered by Cabinet on 18 June 2013

The Strategic Director of Customer Services advised Members that the Minutes of the Cabinet meeting held on 18 June 2013 stated that £20,000 had been spent on the feasibility study and that £30,000 would be spend on development of the Business Case however this needed clarification.

Paragraph 10.1 of the report presented to that meeting stated that a total of £30,000 had been earmarked for the feasibility study and development of the Business Case.

Despite this amount being earmarked, the feasibility study had in fact cost £3,500 and the development of the Business Case was expected to cost £8,000.

Members were concerned that they did not have information regarding why this item was called-in and who requested it.

It was agreed that any call-in request would be circulated as part of the agenda in future.

The Chief Executive read out the call-in notice which included five concerns and reasons for the call in.

Councillor Leal-Bennett advised that he was one of the Members who had called-in this decision and expressed concern that the figures quoted in the Minutes differed so dramatically from those quoted in the report.

The Strategic Director of Customer Services advised that he had not been present at the Cabinet meeting held on 18 June 2013 however would respond to each of the concerns and reasons set out in the call-in notice as follows:

"We are not satisfied that there has been an adequate debate as to the benefits of such a facility to the Council Tax payers of NHDC"
Cabinet's deliberations were the opportunity for debate, as will be the Business Case.

"There is no proven demand for such a facility and no one has produced any reason why it has been put up for consideration"
Potential demand for the facility was detailed at Page 37 of the feasibility study.

"There is no basic analysis of figures to justify a facility nor is there any estimate of running costs"
The consultant had provided some information about income relating to one scenario and the costs relating to the operation of a crematorium were probably capable of being accommodated by modest levels of utilisation. Officers believed that this was sufficient information to consider whether to develop a Business case.

"The report recommends that the venture is in fact put out to the private sector but no evidence has been produced that the private sector might be interested in such an option"
The report did not recommend that the facility be put out to the private sector, this scenario was used for illustration purposes only and suggested by the consultant.

"Until these any other questions have been answered we can find no compelling reason to justify an additional spend of £30,000 taking the total committed to £50,000 to date."
The total cost of providing both the feasibility study and developing the Business Case would be approximately £11,500. The Business Case needed to be developed in order to assess whether this should go ahead.

Councillor Leal-Bennett was extremely concerned that the figures in the report were incorrect and that NHDC was considering spending £3 million of taxpayers money and plan to run a business with no costings available. He stated that the project did not appear to be financially viable, but it was for the private sector to determine this, if that option was chosen. He proposed that no further funds should be spent and that officers, rather than consultants, be requested to research whether any private sector operations express an interest in a potential crematorium at Wilbury Hills and report their findings back to Cabinet and this Committee.

The Strategic Director of Customer Services advised that, although the private sector scenario had been highlighted in the feasibility study, the Business Case would look at all options available.

The Service Manager - Grounds Maintenance advised that he was aware of several Local Authorities which operated crematoria including Great Yarmouth Borough Council and Braintree District Council and that officers did not wish to exclude any operation option at this early stage.

It was proposed and seconded that the decision of Cabinet made on 18 June 2013 that officers be authorised to undertake the development of a business case and report its conclusions to a future meeting of Cabinet be endorsed.

RESOLVED:
(1) That the decision made by Cabinet on 18 June 2013 "That officers be authorised to undertake the development of a Business Case to follow on from the completed feasibility study and report its conclusions to a future meeting of Cabinet" be endorsed;

(2) That the Committee and Member Services Officer be requested to circulate any call-in request with the agenda in future.

REASON FOR DECISION: To enable the Overview and Scrutiny Committee to scrutinise the decision made by Cabinet in regard to the Feasibility of a Crematorium at Wilbury Hill Cemetery following a Call-In.
Agreed   
26 MEMBERS' QUESTIONS

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

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

MINUTE 17 - JUNE 2012 - WORK PROGRAMME- CONSTITUTIONAL AMENDMENT
The Constitution was currently under review and the revised version would change the Committees Terms of Reference so that the Leader of the Council did not have to attend the first Overview and Scrutiny meeting of the Civic Year, but had to attend one of the meetings in a Civic Year.

MINUTE 53 - DECEMBER 2012 - 20'S PLENTY (SPEED MANAGEMENT STRATEGY)
Hertfordshire County Council's Overview and Scrutiny Committee would consider this matter on 23 and 24 October2013. The Chairman of this Committee would give evidence and the Scrutiny Officer would ensure the Minute relating to this item was available. The Scrutiny Officer would report back on the outcomes of this meeting.

MINUTE 57 - DECEMBER 2012 - RESOLUTIONS REPORT - COMMUNITY HALLS
The Portfolio Holder for Community Engagement and Rur5al Affairs would attend the meeting of this Committee due to be held on 17 September 2013 at which the implementation of the Community Halls Strategy would be presented.

MINUTE 90 - MARCH 2013 - COMMON HOUSING ALLOCATION SSCHEME
Members queried how long it would be before a report on progress regarding the Common Housing Allocation Scheme would be available and suggested that, although the major Housing Associations had sanctioned use of the Policy all other Housing Associations should be included.

The Scrutiny Officer advised that the scheme would need to be in operation for approximately 12 months before meaningful data would be available.

The Chief Executive advised that discussions had taken place with Registered Social Landords regarding people who get into arrears and the amount of time they would not be eligible to apply for housing after repayment of outstanding monies. A term of 10 years had been agreed and the Common Housing Allocations Policy would be reconsidered by Cabinet in due course. Officers would discuss the Policy with other Housing Associations.

MINUTE 91 - MARCH 2013 - MEMBER/OFFICER PROTOCOL
The Member/Officer Protocol was approved by Council at the meeting held on 18 July 2013.

RESOLVED: 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   
28 OFFICE OF SURVEILLANCE COMMISSIONERS INSPECTORS REPORT AND ACTION PLAN
Report
Appendix A
Appendix B
Appendix C

The Acting Corporate Legal Manager introduced the report regarding the Office of Surveillance Commissioners Inspectors report and Action Plan and informed Members that since the last inspection in July 2010 use of directed surveillance has fallen with only two authorisations in three years, neither of which were carried out and drew attention to Paragraph 7.3 of the report which gave details of those authorisations. The recent inspection made some recommendations particularly that officers should not become deskilled due to non use of the procedure and that the RIPA policy should be updated taking into account the lower number of authorising officers required. The recommendations had been addressed as follows:
(i) Make the Central Record of Authorisations compliant with the Codes of Practice.
This had been implemented immediately by adding relevant columns to the Central Record.
(ii) Adopt the current Home Office Forms.
This had been implemented immediately and the Home Office forms were now in use.
(iii) Discharge fully the recommendations of the 2010 OSC report.
These recommendations had been discharged by amending the Central Record, introducing a training programme and assigning a Senior Responsible Officer to oversee the process.
(iv) Design a training programme which addressed the issues in the report
A training programme had been designed and was detailed in Appendix B.
(v) Amend the RIPA Policy and Procedures.
The Policy, shown at Appendix A, had been amended in line with the recommendations and would be considered by Cabinet on 30 July 2013.

The Solicitor took Members through the amendments to the RIPA Policy and drew attention to Appendix B of the Policy which detailed the reduction in the number of Authorising Officers for RIPA and CHIS, which would give the opportunity for more focused training. As all authorisations now had to be approved by the Magistrates court, the urgency provision enabling verbal authorisations had been removed The OSC had recommended that this provision be removed, as the court would require evidence of a written authorisation prior to approval.

Members debated the report and observed that it would be useful for Members to have some training as it would assist with proper scrutiny of the process.

The Acting Corporate Legal Manager advised that the OSC had identified a need for officer training, however Members would be welcome.

The Acting Corporate Legal Manager reminded Members that the RIPA Policy and Procedures only applied to covert surveillance.

RESOLVED:
(1) That any invitation to training regarding the RIPA Policy and Procedure be extended to Members;

(2) That the report from the Office of Surveillance Commissioners and the Council's response to the recommendations be noted.

RECOMMENDED TO CABINET: That the proposed amendments to the Council's Regulation of Investigatory Powers Act Policy be adopted.

REASON FOR DECISION: To ensure that the Overview and Scrutiny Committee scrutinizes the proposed amendments to the Regulation of Investigatory Powers Act Policy prior to consideration by Cabinet on 30 July 2013.
Agreed   
29 YEAR END MONITORING REPORT ON PROJECTS IN THE PRIORITIES FOR THE DISTRICT 2012/13
Report

The Performance and Risk Manager presented the report entitled Year End Monitoring Report on Projects in the Priorities for the District 2012/13. She suggested that future reports be presented to the Overview and Scrutiny Committee and that only exceptions be referred to Cabinet.

RESOLVED: That future monitoring of projects in the Priorities for the District reports be considered by the Overview and Scrutiny Committee with exceptions being referred to Cabinet.

REASON FOR DECISION: To ensure that the Overview and Scrutiny Committee is able to monitor progress of projects in the Priorities for the District.
Agreed   
30 PRIORITIES FOR THE DISTRICT 2014/15 ONWARDS
Report
Appendix A

The Performance and Risk Manager presented the report of the Strategic Director of Finance, policy and Governance regarding Priorities for the District 2014/15 onwards.

She advised that the report due to be presented to Cabinet on 30 July 2013 had been amended as follows:
Paragraph 8.2 to read "Feedback from staff, and from the last Investors in People (IiP) assessment, highlights the importance of ensuring individual and service objectives are clearly aligned to delivering the corporate priorities. Care will therefore be required to ensure that the priorities and accompanying narrative, once determined, are expressed in a way which will allow this."
Paragraph 8.3 to read "Similarly, communicating the priorities more generally is a key element in developing public understanding of the Council's work and satisfaction with it. Communications will therefore need to highlight how the priorities will effect individuals, their families and communities more generally."
The word "promote" in 8.6 had also been changed to "encourage".

She drew attention to Appendix A which contained the timetable for Corporate Business Planning 2014/15 and Priorities for the District and suggested that rather than having a workshop for Members in November 2013 to consider both efficiency and savings options and target setting for 2014/15, these should be considered separately with the target setting being considered prior to the Overview and Scrutiny Committee meeting in December 2013.

Councillor David Levett, Portfolio Holder for Policy and Green Issues, informed Members that these priorities were high level and long term, to be in place approximately 5 years and that Promoting Sustainable Growth was the first priority with the other two leading on from this.

THE PROPOSED PRIOIRITIES ARE:
PROMOTING SUSTAINABLE GROWTH
Sustainable growth included employment, leisure and infrastructure as well as housing. It was important as the population of North Hertfordshire had grown from 116,908 in 2001 to 128,000 in 2012 and was expected to rise to 140,800 by 2021. Growth was inevitable, however it was important to manage it so that the character of the District was maintained.
WORKING WITH OUR COMMUNITIES
The Council needed to listen more to what people want through the District Wide Survey and other consultations that the Council undertakes.
LIVING WITHIN OUR MEANS
It was important to do more than deliver cost effective services, but must consider how to use what is already available more effectively. This would mean that the Council will have to consider what services will and will not be provided in the future.

Some Members were concerned that each political party should have the opportunity for separate target setting workshops and following a vote agreed that the current timetable should not be altered and that the Performance and Risk Manager be requested to bring alternative solutions to the next meeting of this Committee. There was some discussion about the wording of Paragraph 8.6 and Members generally felt that it was important to promote an environment in which businesses could flourish.

Members discussed that Working with Our Communities was an extremely important aspect of the work of this Council and this should be acknowledged by more detail being included under this heading at paragraph 8.9 of the report which would include some examples of how the Council did this and ways in which Communities could engage with the Council.

RESOLVED: That the Performance and Risk Manager be requested to bring alternative solutions regarding the consideration of target setting for 2014/15 to the next meeting of this Committee.

RECOMMENDED TO CABINET:
(1) That the Corporate Business Planning Timetable should remain as per the report, with efficiency and investment opportunities being considered at the same time as target setting for 2014/15;

(2) That more detail should be included under the Working With Our Communities priority which would include examples of how the Council did this and ways in which communities could engage with the Council.

REASON FOR DECISION: To ensure that the Overview and Scrutiny Committee is able to comment on the Priorities for the District 2014/15 Onwards prior to consideration by Cabinet on 30 July 2013.
Agreed   
31 OVERVIEW AND SCRUTINY COMMITTEE WORK PROGRAMME
Work Programme Report
Appendix A
Appendix B

The Scrutiny Officer presented the report entitled Overview and Scrutiny Work Program and drew attention to the following:

PRESENTATION BY THE LEADER OF THE COUNCIL
Councillor Lynda Needham, Leader of the Council, has been invited to make a presentation to this Committee on 18 March 2014.

TASK AND FINISH GROUP ON HIGHWAYS ISSUES
Hertfordshire Highways had declined the invitation to take part in the Task and Finish Group on Highways Issues.

TASK AND FINISH GROUP ON DEBT ADVICE
Officers had advised that it was premature to consider this subject as there were many changes underway and this advice had recently been reiterated.

NEW TOPICS FOR TASK AND FINISH GROUPS
The Scrutiny Officer asked Members to consider subjects for further Task and Finish Groups.

Members discussed that IT, the Council's website, the Planning Portal and the Citrix connection for Members should be considered, but agreed that a Task and Finish Group had to have a tight scope and that these could be considered separately. They agreed that the first element should be the Council's website.

The Scrutiny Officer suggested that members of the public should get involved and that Members could take the opportunity to look at the website of other Local Authorities in order to highlight best practice and good ideas.

WORK PROGRAMME
Members noted that a presentation for John Gourd, Chair of Hertfordshire Local Enterprise Partnership had been on the pending list for some time and asked that the invitation be extended to attend a meeting during this Civic Year. They also requested that invitations be extended to the 4 political parties represented in Europe to discuss available funding.

The Chief Executive advised that he would invite Mr Gourd to present to this Committee on 21 January 2014. He stated that the Growth Strategy had been out to consultation and that he would provide Members with the relevant web link.

FORWARD PLAN
Members agreed that the item entitled Adoption of New Housing and Homelessness Strategies be considered by this Committee prior to consideration by Cabinet.

RESOLVED:
(1) That the Overview and Scrutiny Committee Work Programme for 2013/14 be noted;

(2) That the Scrutiny Officer be requested to invite the Leader of the Council to give a presentation to this Committee at the meeting due to be held on 18 March 2014;

(3) That the Scrutiny Officer be requested to prepare a scoping document for a proposed Task and Finish Group regarding the Council's website;

(4) That the Chief Executive be requested to invite John Gourd, Chair of Hertfordshire Local Enterprise Board, to make a presentation to this Committee at the meeting due to be held on 21 January 2014;

(5) That the Chief Executive be requested to invite representative of the 4 political parties represented in Europe in order to discuss available funding;

(6) That the Chief Executive be requested to send the web link regarding the Growth Strategy to all Members and substitutes of this Committee;

(7) That the item entitled "Adoption of new Housing and Homelessness Strategies" be considered by this Committee at the meeting due to be held on 3 December 2013.

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