Meeting documents

Overview and Scrutiny Committee
Tuesday, 9th June, 2015 7.30 pm

Time: 7.30pm Place: Council Chamber, Council Offices, Gernon Road, Letchworth Garden City
 PRESENT: Councillor Cathryn Henry (Chairman), Councillor Steve Hemingway (Vice-Chairman), Councillor Clare Billing, Councillor Bill Davidson, Councillor Jean Green, Councillor Sal Jarvis, Councillor David Leal - Bennett, Councillor Sandra Lunn, Councillor Paul Marment, Councillor Gerald Morris, Councillor M.R.M. Muir, Councillor Janine Paterson, Councillor Frank Radcliffe, Councillor Mike Rice and Councillor Deborah Segalini.
 IN ATTENDANCE: Councillor Peter Burt (Portfolio Holder for Waste, Recycling and Environment), David Scholes (Chief Executive), John Robinson (Strategic Director of Customer Services), Vaughan Watson (Head of Leisure and Environmental Services), Andy Cavanagh (Head of Finance, Performance and Asset Management), Marie Searle (Property and Planning Lawyer), Fiona Timms (Performance and Risk Manager), Johanne Dufficy (Customer Services Manager), Brendan Sullivan (Scrutiny Officer) and Hilary Dineen (Committee and Member Services Officer).
 ALSO PRESENT:
 Meeting attachment Agenda Front Page
Item Description/Resolution Status Action
PART I
1 APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillor Ben Lewis.
Noted   
2 MINUTES
Minutes

RESOLVED: That the Minutes of the Meeting held on 17 March 2015 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 CHAIRMAN'S ANNOUNCEMENTS

(1) The Chairman welcomed attendants to the meeting and advised that, as this was the first meeting of the Civic Year and her first meeting as Chairman, she would be facilitating a discussion regarding the format of future Overview and Scrutiny meetings, taking particular note of the discussions held at the last meeting which were documented on Minute 101;

(2) The Chairman welcomed the Portfolio Holder for Waste, Recycling and Environment to the meeting and advised that she would be re-ordering items on the agenda in order to bring all of the items related to his Portfolio together.

(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   
5 PUBLIC PARTICIPATION

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

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

Since the last meeting, no decisions had been called-in by the Overview and Scrutiny Committee.
Noted   
8 PRESENTATION BY THE PORTFOLIO HOLDER FOR WASTE, RECYCLING AND ENVIRONMENT

Councillor Peter Burt, Portfolio Holder for Waste, Recycling and Environment, thanked the Chairman for the opportunity to address the Committee and gave a PowerPoint presentation on the issues within his Portfolio as follows:

WASTE AND RECYCLING
Councillor Burt informed Members that the amount of waste to landfill had reduced from 75 percent in 2004/5 to 39 percent in 2013/14 and that NHDC was on track to meet it's targets regarding recycling. Residents should be thanked for their help in achieving these figures, which put NHDC among a small number of Councils achieving these levels. Three Rivers Council exceeded the levels achieved by NHDC, but they spent more money doing this.

Customer satisfaction with our waste services was very high with overall satisfaction increasing from 79 percent in 2011 to 85 percent in 2013.

Recycling was achieved throughout the waste collection service, not just from residential homes.

There were risks involved in operating waste services as follows:

- TEEP - NHDC had to ensure that comingled waste was dealt with in the correct manner;
- NHDC currently used the Northern Transfer station, if this was no longer available waste may have to be transported to Ware;
- NHDC offered reliable Trade Waste Service but had to take account of the competition in order to remain competitive;
- Funding regarding collection of waste from flats would cease in 2018 therefore the Council would have to consider what to do in future;
- Street cleansing was a balance between providing cleaner streets and costs;
- Shared Services were being considered;
- Receipts from sale of recyclables can change dramatically for instance the price of recycled paper had massively reduced.

The Portfolio Holder for Waste, Recycling and Environment outlined the processes that recycled waste went through after collection as follows:

- Pantechnicon weighed in and contents are dumped;
- If load is contaminated it is rejected, although this had not yet happened;
- The waste was then tipped into a hopper where tin was removed by magnets, plastic and glass was removed
- Plastic bags did cause problems for this system;
- This simple system meant different grades of recycling could be achieved.
- The contact allowed for 10 percent contamination before rejection.

Members asked several questions including how were customer satisfaction figures collected and how much recycled waste collected was so contaminated that it had to be sent to landfill

The Strategic Director of Customer Services advised that Satisfaction figures were collected from the District Wide Survey, which was commissioned independently. Waste collection received the highest number of complaints and these were monitored closely. As expected satisfaction levels decreased on the introduction of 2 weekly waste collections, but have now risen again. Waste figures were collected and distributed nationally.

In respect of contaminated waste, figures would be distributed to Members with a written explanation, however the total rejected on arrival at the transfer station was 1.5 percent, which was very low. NHDC put a lot of effort into education of the public and into making it as easy as possible to recycle.

The Head of Leisure and Environmental Services informed Members that, in order to educate customers, stickers were attached to bins regarding any contamination. When waste was received at Radwell loads were inspected with contaminated loads being sent to landfill. There was a lag in time in identifying rejected loads from NHDC, but these were minimal and NHDC had some of the lowest figures for rejection in the County.

Members were concerned about the reduction in opening hours of the Household Waste Disposal Depots and asked if Hertfordshire County Council, who operated these, were aware of customer dissatisfaction regarding this. They asked if fly tipping had increased when Household Waste Disposal Depots had been closed.

The Portfolio Holder for Waste, Recycling and Environment advised that Councillor Lynda Needham had raised the issue of reduced opening hours at Household Waste Disposal Depots with the Herts Waste Partnership and would be following this matter up. In respect of fly-tipping there did not appear to be a link between this and the opening hours of the Household Waste Disposal Depots.

Councillor Michael Muir informed Members that the waste and recycling depots had been discussed with the County Council Portfolio Holder and he had been informed that the waste and recycling depot was no longer suitable for 5 day a week operation. More land was required to make the site viable, signage and entrances were being looked at and consideration was being given to who used the site.

GROUNDS MAINTENANCE/PARKS AND COUNTRYSIDE MANAGEMENT
The Portfolio Holder for Waste, Recycling and Environment informed Members that the Grounds Maintenance and Parks and Countryside Management Teams provided a plethora of services including:

Statutory Services
- Burials and Burial Grounds;
- Litter collection;
- Allotment Management;
- Management of Land Licences.

Non Statutory Services
- Seating and Benches;
- Provision and Cleansing of Dog Bins;
- Housing Amenity Areas;
- Maintenance of formal equipped playgrounds;
- Provision and maintenance of outdoor sports;
- Pavilions;
- Development and maintenance of Woodlands and Local Nature Reserves;
- Planning and development of strategies and Action Plans;
Amongst many other services.

Achievements included:
- Green Flag Awards for Norton Common, Priory Memorial Gardens, Oughtonhead Common and Howard Park and Gardens;
- External funding secured for conservation projects at Purwell Meadows, Oughtonhead Common and Norton Common;
- Implementation of Green Space Strategy and Actions Plans regarding Baldock Recreation Ground, Walsworth Common, Baldock Skate Park, Hitchin and Baldock Cemeteries;
- Successful partnership working with agencies including Countryside Management Service, Groundwork and Herts Highways.

Members asked for an explanation of recharges and queried whether the NHDC Crematorium was still being considered

The Head of Finance, Performance and Asset Management explained that recharges included the cost of capital expenditure and an amount to cover costs such as staff time, floor area of DCO used, time spent on a project and support charges such as HR. Some recharges are credit and some area could change such as numbers of staff.

Councillor Burt advised that, Officers were currently managing other projects and, once capacity was available, work on the Crematorium would continue.

The Strategic Director of Customer Services advised that preliminary work regarding the proposed Crematorium had been completed and that work to move this project forward would start in the autumn.

The Portfolio Holder for Waste, Recycling and Environment concluded by advising that many services provided at present were not statutory and were costly to provide. The District Wide Survey stated that waste and recycling was considered the most important service provided by the Council and that 79 percent of our residents had visited our parks and open spaces in the last 12 months with 93 percent being satisfied with them. The NHDC Medium Term Financial Strategy showed the expectation of significant financial pressure on Council Services in future years, which would mean meeting future expectations of residents in respect of green spaces and waste services would be a challenge.

The Chairman asked Members to consider whether any topics for Task and Finish Groups had been identified during Councillor Burt's presentation. This would be discussed during consideration of the Work Programme (Minute 17 refers).

The Chairman thanked Councillor Burt for his presentation.

RESOLVED: That the Strategic Director of Customer Services be requested to distribute contaminated waste figures, together with and explanation to Members of this Committee.

REASON FOR DECISION: To enable the Overview and Scrutiny Committee to review the issues dealt with by the Portfolio Holder for Waste, Recycling and Environment.
Agreed   
9 MEMBERS' QUESTIONS

No questions had been submitted.
Noted   
10 REGULATION OF INVESTIGATORY POWERS ACT UPDATE
Report

RESOLVED: That the report entitled Regulation of Investigatory Powers Act Update be noted.

REASON FOR DECISION: To comply with best practice guidance and the Overview and Scrutiny Committee's terms of reference.
Agreed   
11 PERFORMANCE INDICATOR MONITORING - YEAR END 2014/15
Performance Indicator Data

The Performance and Risk Manager presented the report entitled Performance Indicator Monitoring - Year End 2015/15 and drew attention to the following:

MI P&R001 - PERCENTAGE OF RAISED SALES INVOICES DUE FOR PAYMENT THAT HAVE BEEN PAID
An influence on the percentage achieved was an invoice of £100,000, which remained unpaid as the company went into administration. If this single invoice had been paid, the data value would have exceeded the target.

Members were concerned that this large amount owing to the Council may not be repaid.

BV9 - PERCENTAGE OF COUNCIL TAX COLLECTED IN YEAR
Whilst the in year collection target had been missed, it was difficult to know if this would have any real effect on final collection figures, as the Council continued to collect unpaid Council Tax for some time after the end of the financial year. Another factor that may have an effect was the option for customers to pay over 12 instalments, if the final instalment was not paid, there would then be no opportunity for that to be paid within the correct financial year.

LI032 - NUMBER OF ALLOWED PLANNING APPEAL DECISIONS, AS A PERCENTAGE OF ALL "REFUSED" PLANNING APPLICATION DECISIONS ISSUED
Eight appeals had been allowed in 2014/15. There had been 68 decisions to refuse planning applications in the same period.

It was noted that it seemed that more appeals were being upheld and some background information might be interesting

The Chairman suggested that the Portfolio Holder for Planning may like to address this issue during his presentation to the Committee.

LI036 - NUMBER OF HOUSEHOLDS WHO HAD POTENTIAL HOMELESSNESS PREVENTED
A Member was concerned that homelessness was increasing and that private rented solutions were becoming more difficult to achieve

The Chief Executive advised that extensive talks were being held with Registered Social Landlords and it was hoped that matters would improve with more accommodation being made available.

LI037 - PERCENTAGE OF CUSTOMERS SATISFIED WITH THE SERVICES PROVIDED BY THE HOUSING & PUBLIC PROTECTION SERVICE
A Member asked why there was an increase in dissatisfaction with this department.

The Chief Executive advised that the majority of cases of dissatisfaction related to a specific problem such a noise.

NI191 - KG RESIDUAL WASTE PER HOUSEHOLD & NI192 - PERCENTAGE OF HOUSEHOLD WASTE SENT FOR REUSE, RECYCLING AND COMPOSTING
There had been a slight reduction in the amount of residual waste per household.

The Performance and Risk Manager asked that Members draw attention to any additional Indicator suggestions for 2015/16 when they attend the Performance Workshop.

RESOLVED:
(1) That the report entitled Performance Indicator Monitoring - Year End 2014/15 be noted;

(2) That the Performance and Risk Manager be requested to provide details of the amount of Contaminated Recycling Waste diverted to landfill in the narrative that supports the 2015/16 waste & recycling performance indicators;

(3) That the Portfolio Holder for Planning be requested to consider Performance Target LI032 - Number of Allowed Planning Appeal Decisions, as a Percentage of All "Refused" Planning Application Decisions Issued during his presentation to this Committee.

REASON FOR DECISION: To enable the Overview and Scrutiny Committee to consider the Year End Performance Indicators for 2014 - 2015.
Agreed   
12 MONITORING REPORT ON PROJECTS IN THE PRIORITIES FOR THE DISTRICT 2014/15
Report

The Performance and Risk Manager presented the report of the Head of Finance, Performance and Asset Management and drew attention to the following:

BANCROFT RECREATION GROUND
Cabinet considered a report in December 2014 and the development of a "splash park" was underway.

BUSH SPRINGS, BALDOCK - PLAY AREA REFURBISHMENT
Consultation with local residents and seeking external grant funding had extended the time frame for this project. Work had now commenced and facilities would be available before the start of the school summer holidays.

NORTHERN TRANSFER STATION
Further consideration, with the County Council, would be needed and would be linked to the review of the waste and street cleansing contract.

BURY MEAD SITE AND RESIDUAL WASTE
The site had been closed for residents to dispose of household waste, enabling it to continue to be used as a waste transfer station by the new contractor.

NEW WASTE CONTRACTS
Work had commenced on the scope of the new waste, recycling and street cleansing contract. The current contract had been extended to 2018 in order to harmonise end dates for NHDC and EHDC.

A report on the potential business case for joint working was considered by Cabinet in December 2014, with a further report outlining the strategic case would be considered by Cabinet in June 2015.

RESOLVED: That delivery against the key projects stated in the Priorities for the District 2014/15 be noted.

REASON FOR DECISION: To enable the Overview and Scrutiny Committee to consider the delivery of key projects as stated in the Priorities for the District 2014/2015.
Agreed   
13 COMMENTS, COMPLIMENTS AND COMPLAINTS (3CS) FULL YEAR UPDATE - 1 APRIL 2014 TO 31 MARCH 2015
Report
Appendix A - Summary of 3Cs

The Customer Services Manager presented the report of the Strategic Director of Customer Services entitled Comments, Compliments and Complaints (3Cs) Full Year Update - 1 April 2014 to 31 March 2015and drew attention to the following:

WASTE SERVICES
The largest number of complaints were in regard to the Waste Service, which managed 94,000 collections per week.

Changes in the service provided and bad weather caused an increase in dissatisfaction, this happens whenever the contract changed.

The previous spike in complaints had helped with the development of different methods of communicating including text alerts.

CUSTOMER SERVICE CONTACT
The number of contacts had increased to 800,000 yet the number of 3Cs were at the lowest for 3 years

LOCAL GOVERNMENT OMBUDSMAN
Nine complaints had been taken to the Local Government Ombudsman of which four were closed at the initial review stage and five investigated.

Of those investigated three were not upheld. In two complaints, NHDC recognised fault and they were upheld. One of the upheld complaints resulted in a monetary award being made.

In response to a question, the Customer Service Manager stated that web links to the Local Government Ombudsman Decisions would be circulated to Members of this Committee.

The Chairman asked that the handling of complaints for John O'Conner be referred to the Portfolio Holder for Waste, Recycling and Environment to consider if any further action was required.

Members commented that no data regarding protected characteristics such as disabilities had been included and that the total number of compliments had reduced dramatically.

The Customer Service Manager advised that consideration was being given to how data regarding protected characteristics could be collected effectively and that she was investigating whether neighbouring Councils collected this data. In respect of the total number of compliments, this was mainly due to the closure of the museums that traditionally received a large number of compliments.

RESOLVED:

(1) That the continued good performance in managing 3Cs between 1 April 2014 and 31 March 2015 be noted;

(2) That the reduction in volumes of 3Cs when compared to the previous two years be noted;

(3) That the two complaints upheld by the Local Government Ombudsman, both of which the Council had already recognised and acknowledged some fault through its own complaints process be noted;

(4) That the Customer Services Manager be requested to circulate the web links to the Local Government Ombudsman decisions regarding complaints to Members of this Committee.

REASON FOR DECISION:
To enable the Overview and Scrutiny Committee to consider the full year update regarding Comments, Compliments and Complaints (3Cs).
Agreed   
14 STRATEGIC OUTLINE CASE FOR WASTE AND STREET CLEANING SERVICES FOR NORTH AND EAST HERTFORDSHIRE DISTRICT COUNCILS
Report
Appendix A - Draft Waste Collection Policy and Practice Summary

The Portfolio Holder for Waste, Recycling and Environment presented the report entitled Strategic Outline Case for Waste and Street Cleaning Services for North and East Hertfordshire District Councils.

He informed Members that Outline Case had been produced using advice, protocols and processes contained in the Treasury's Green Book.

Appendix 1 considered the East Hertfordshire District Council and North Hertfordshire District Council service specifications and noted that they were very similar.

Paragraph 1.7 demonstrated the potential way forward and the expected savings.

RESOLVED: That the Strategic Outline Case for Waste and Street Cleaning Services for North and East Hertfordshire District Councils be noted;

REASON FOR DECISION: To enable the Overview and Scrutiny Committee to comment on the Strategic Outline Case for Waste and Street Cleaning Services for North and East Hertfordshire District Councils prior to consideration by Council.
Agreed   
15 THE FUTURE OF TASK AND FINISH GROUPS

The Chairman stated that Task and Finish Groups should be more effective and inclusive of members of the public. She felt that this could be achieved with some innovative ways of working and some topics of public interest and asked Members to send any ideas to the Scrutiny Officer for future consideration.

RESOLVED: That Members of the Overview and Scrutiny be requested to send ideas and suggestions for subjects for future Task and Finish Groups together with possible innovative ways of working to the Scrutiny Officer.

REASON FOR DECISION: To enable the Overview and Scrutiny Committee to undertake successful Task and Finish Group reviews.
Agreed   
16 RESOLUTIONS OF THE OVERVIEW AND SCRUTINY COMMITTEE
Resolutions

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   
17 OVERVIEW & SCRUTINY COMMITTEE WORK PROGRAMME
Report
Appendix A - Forward Plan

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

OVERVIEW AND SCRUTINY MEETINGS
The Scrutiny Officer referred to section 7 of the report which outlined the basis for previous meetings and suggestions for future meetings of the Committee.

Members commented that the role of this Committee was to hold the Executive to account

PORTFOLIO HOLDER PRESENTATIONS
The Chairman advised that she would like to invite presentations by Portfolio Holders at every meeting of the Committee with rest of the meeting focussing on issues within that Portfolio.

It was also suggested that the Scrutiny Officer circulate a pack of background information before the meeting to help identify key issues.

TASK AND FINISH GROUPS
Following the presentation by the Portfolio Holder for Waste, Recycling and Environment (Minute 8 refers) Members suggested a number of topics for future Task and Finish Groups including:

- The provision of bins in public areas;
- Section 106 Agreements to provide funding for some of the non statutory services provided by the Grounds and Parks Teams;
- Whether the Document Centre provides a competitive service.

RESOLVED:

(1) That the Portfolio Holder for Policy and Green Issues be invited to attend the next meeting of this Committee, due to be held on 21 July 2015, to give a presentation regarding issues within his portfolio.;

(2) That the Overview and Scrutiny Committee Work Programme be noted.

REASON FOR DECISION: To enable the Overview and Scrutiny Committee to plan and carry out its workload efficiently and effectively.
Agreed   
18 EXCLUSION OF PRESS AND PUBLIC

RESOLVED: That under Section 100A(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A of the said Act.
Agreed   
PART II
19 STRATEGIC OUTLINE CASE FOR WASTE AND STREET CLEANING SERVICES FOR NORTH AND EAST HERTFORDSHIRE DISTRICT COUNCILS
Data/Overview and Scrutiny Committee/201506091930/Agenda/Report
Data/Overview and Scrutiny Committee/201506091930/Agenda/Appendices

The Portfolio Holder for Waste Recycling and Environment presented the confidential report entitled Strategic Outline Case for Waste and Street Cleaning Services for North and East Hertfordshire District Councils.

Following many questions from Members, which were answered by the Portfolio Holder, the Strategic Director of Customer Services, the Head of Leisure and Environmental Services and the Head of Finance, Performance and Asset Management it was:

RESOLVED:
(1) That the report entitled Strategic Outline Case for Waste and Street Cleaning Services for North and East Hertfordshire District Councils be noted;

(2) That, providing the proposed model provides savings, the Overview and Scrutiny Committee strongly supports moving forward to the Outline Business Case.

REASON FOR DECISION: To enable the Overview and Scrutiny Committee to comment on the Strategic Outline Case for Waste and Street Cleaning Services for North and East Hertfordshire District Councils prior to consideration by Council.
Agreed