Meeting documents

Overview and Scrutiny Committee
Tuesday, 22nd September, 2015 7.30 pm

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 Date: Tuesday, 21st July, 2015 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 Sandra Lunn, Councillor Paul Marment, Councillor Janine Paterson, Councillor Frank Radcliffe, Councillor Mike Rice and Councillor Deborah Segalini.
 IN ATTENDANCE: Councillor Julian Cunningham (Executive Member for Policy, Transport and Green Issues), David Scholes (Chief Executive), Liz Green (Head of Policy and Community Services), Fiona Timms (Performance and Risk Manager), Mark Grindall (Policy Officer), Brendan Sullivan (Scrutiny Officer) and Hilary Dineen (Committee and Member Services Officer).
 ALSO PRESENT:
 Meeting attachment Agenda Front Pages
Item Description/Resolution Status Action
PART I
26 APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors David Leal-Bennett and Gerald Morris.
Noted   
27 MINUTES
Data/Overview and Scrutiny Committee/201509221930/Agenda/Minutes

RESOLVED: That the Minutes of the Meeting held on 9 June 2015 be approved as a true record of the proceedings and be signed by the Chairman.
Agreed   
28 NOTIFICATION OF OTHER BUSINESS

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

(1) The Chairman welcomed Councillor Julian Cunningham (Executive Member for Policy, Transport and Green Issues) to the meeting.

(2) 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   
30 PUBLIC PARTICIPATION

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

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

Since the last meeting, the Overview and Scrutiny Committee had considered the Letchworth Management Contract and Development of North Herts Leisure Centre (NHLC) on 8 July 2015.

Minutes of that meeting would be presented to the Overview and Scrutiny meeting due to be held on 22 September 2015.
Noted   
33 PRESENTATION BY THE PORTFOLIO HOLDER FOR POLICY, TRANSPORT AND GREEN ISSUES

Councillor Julian Cunningham, Executive Member (previously Portfolio Holder) for Policy, Transport and Green Issues, thanked the Chairman for the opportunity to address the Committee and gave a PowerPoint presentation on the issues within his Portfolio.

Councillor Cunningham explained that his was a wide and varied Portfolio and that he would concentrate on four aspects as follows:

STRATEGIC PLANNING
Strategic Planning worked in tandem with finances and was the main thrust of the Portfolio.

The formal budget process was started with developing the Corporate Plan and the Corporate Objectives.

The Corporate Objectives for 2016/2021 are:
- To work with our partners to provide an attractive and safe environment for our residents, where diversity is welcomed and the disadvantaged are supported (Attractive & Thriving);
- To promote sustainable growth within our district to ensure economic and social opportunities exist for our communities, whilst remaining mindful of our cultural and physical heritage (Prosper & Protect);
- To ensure the Council delivers cost effective and necessary services to our residents that are responsive to developing need and financial constraints (Responsive & Efficient).

The Corporate Plan established the priorities for the Council for 2016 - 2021 and was key to the Corporate Business Planning Process and encapsulated that:

"All projects will be subject to sound business cases being provided, and specific targets established as they are introduced and the Council's performance against these will be monitored and reported; this will be quarterly through the Council's Senior Management Team, and to the Overview and Scrutiny Committee."

Councillor Cunningham stated that the District Wide Survey demonstrated that North Hertfordshire was a pleasant place to live, that NHDC was doing a reasonable job and that he was optimistic regarding the future.

He reminded Members that this Committee played a critical part in identifying what Council policies should be.

PERFORMANCE STATISTICS
Performance monitoring is one of the methods Executive Members and Members use to ensure that the Corporate Plan is being delivered and this Committee has a major role in monitoring. For 2015/16 21 indicators would be reported quarterly and 8 reported annually.

This Committee needed to consider what performance measures they wanted and check that the Council was meeting its objectives. There were also Member workshops to discuss performance monitoring for the forthcoming year held each December.

He informed the Committee that Covalent, a comprehensive performance monitoring tool, was available to all Members. Covalent could be used to show the current position as well as trends. The Performance and Risk Manager would be happy to give guidance to any Members wishing to learn more about this system.

Cllr Cunningham drew attention to the long term improvement in the number of days lost due to sickness absence, which had been achieved as a consequence of monitoring and mechanisms, and was now at a very low level.

He also drew attention to the benchmarking data, which showed our position against that of other authorities. The benchmarking data regarding waste management demonstrated that NHDC was a high performing authority in this area.

Members were concerned that the Corporate Plan did not include anything about timeliness of projects and wished to acknowledge that, when projects were delayed, this was often due to Members taking a long time to make decisions. They felt that the culture of caution needed to be replaced with more pro-active discussions.

Councillor Cunningham advised that the Corporate Plan was the high level document and that the detail, including targets, would be considered in the Corporate Objectives, which would be discussed at the budget workshops.

In respect of decision making regarding projects, he advised that finance had been difficult over the last few years for most councils and future funding arrangements were likely to change. It was therefore important to consider spending carefully as funds would have to be preserved for future years.

The Chief Executive advised that the introduction to the Corporate Plan made direct reference to the delivery of objectives.

Transport (Car Parks and Parking Operations)
This area of Councillor Cunningham's Portfolio included responding to the County Council regarding urban transport development plans and railways consultations.

Traffic Regulation Orders was a large area of work and the Task and Finish on Parking had been helpful.

Income from Parking was approximately £2 million with off-street parking income being approximately £1.3 million.

There was on-going consultation in the Wilbury area of Letchworth and the streets around the station regarding commuter on-street parking. As a result opening hours of the multi-storey car park was being looked at.

Town wide parking reviews were being undertaken in each town, with Letchworth being completed soon and Royston to start. These reviews included considering alternative ways of charging for parking.

The Parking Strategy would be reviewed and the conclusions of the Task and Finish Group on Parking would aid this review.

Car Parks cost a lot to maintain and consideration was being given to whether there were different ways these could be run.

Members suggested that, in order to encourage people into town centres a refund of car park charges could be offered in local shops and businesses, the Council could introduce a congestion charge or residents could be issued with discount cards that entitled them to discount parking

Councillor Cunningham advised that he was happy to consider any initiative, however schemes such as a refund scheme would require the co-operation of local businesses and the cost of implementing and operating any scheme would need to be considered.

Councillor Cunningham advised that the Cycling Strategy was a joint operation with the County Council with the County taking the lead.

Members commented that the process for implementing Controlled Parking Zones was difficult and did not acknowledge the there would be some worse off after the process. The Council needed to be explicit about the fact losers and consider compensating those people.

Councillor Cunningham acknowledged that not everyone in a CPZ would be happy with the outcome and it was likely that the problem would just move to a different area, the best answer was to put in place sensible transport links.

GREEN ISSUES
Councillor Cunningham advised that the policy regarding green issues was more reactive and the Council was working to demonstrate how, by its own actions, it could reduce climate change by installing electric vehicle charging points and installing green measures during the office refurbishments, due to take place during 2016.

2013/14 saw a 21.06% decrease in comparison to the baseline year of 2008 in CO2 emissions from NHDC estate and operations, and a 10.54% decrease compared to 2012/13.

Members were encouraged by the figures regarding CO2 emissions, but queried performance against any targets and asked about installation of solar panels.

The Performance and Risk Manager advised that there were currently no targets regarding CO2 emissions and that solar panels were being considered at Burymead and the Careline offices.

Councillor Cunningham informed Members that this area was difficult due to officer resource constraints, but despite this NHDC was setting an example with the measures taken and drew attention to the Local Plan, which had a section regarding green issues.

Members considered that green issues should be part of the conversation of the Council and that planning policies could include tighter rules.

Councillor Cunningham advised that sustainability was already part of planning guidelines. The current Government had removed some of the obligations and, if the Council doesn't meet the targets for timescale and planning appeals, they could intervene over the planning function. In respect of tighter planning policies, this was an issue for the Portfolio Holder for Planning.

Members suggested that NHDC should consider choosing contractors with green credentials.

The Chief Executive advised that the re-letting of the Waste Contract would include green issues, however the impact on cost and quality always had to be considered.

The Chairman thanked Councillor Cunningham for his presentation.
Noted   
34 CORPORATE PLAN 2016 TO 2021
Report
Appendix A - Corporate Plan

The Head of Policy and Community Services presented the report entitled Corporate Plan 2016 - 2021.

She reminded Members that the original Corporate Plan had been for a 10 year period whereas the proposed Corporate Plan would last 5 years.

She explained that the Plan emphasised partnership working and drew attention to Paragraph 8.3 of the report which detailed some of the recent changes that the proposed Corporate Plan reflected and explained that the 5 year tern would align with the Medium term Financial Strategy.

Members were concerned that, although the bullet points seemed reasonably SMART, the following narrative contained several distinct ideas, which probably should be listed in the bullet points.

They considered that there was little mention of rural areas within the Plan, particularly within Objective 2.

Members felt that projects being considered for the future should be included rather than including those that had already been started, such as the regeneration of John Barker Place.

The Chief Executive reminded the Committee that these larger schemes often spanned a number of years and, whilst live, were relevant to the Corporate Plan.

There was some discussion that the diversity of people in North Hertfordshire (10.8%) was not reflected in the Councillors representing those people and that greater education regarding the role of Councillors was required to encourage diversity amongst candidates.

The Executive Member for Policy, Transport and Green Issues stated that the aim was that the narrative amplify the objective.

The Head of Policy and Community Services acknowledged that, whilst the Plan referred to, for example, Community Assets, the Council's support for rural communities in particular should be mentioned more.

The Chief Executive informed Members that, in the broadest sense, the Council had a role to play in encouraging participation overall, but that it was for political parties to consider their candidates.

RECOMMENDED TO CABINET:

(1) That due to the various redrafts of the document affecting the flow of the document, consideration be given to rewriting parts of the Corporate Plan 2016 - 2021 to aid clarity;

(2) That consideration be given to whether the document is forward looking enough due to the inclusion of projects that have already been started.

REASON FOR DECISION: To enable the Overview and Scrutiny Committee to comment of the Corporate Plan 2016 - 2021 prior to consideration by Cabinet.
Agreed   
35 THE PUBLIC SERVICES (SOCIAL VALUE) ACT 2012 - IMPLEMENTATION
Report

The Policy Officer presented the report of the Head of Policy and Community Services entitled The Public Services (Social Value) Act 2012 - Implementation.

He advised Members that the Act encouraged authorities to look at wider issues and consider not just monetary value, but also social value.

The Act imposed an active duty on relevant contracting authorities to consider economic, environmental and social benefits that can be achieved through commissioning including those listed in Paragraph 7.6 of the report.

Although it was not mandatory, it was proposed that NHDC also implement a "Go Local" policy on all procurements in order to promote local businesses and entrepreneurship. This would necessitate any Officer to first attempt to locate goods and services from a supplier within North Hertfordshire, although not at a much greater cost than otherwise would be achieved.

Members were supportive of both the Social Value and Go Local initiative, but queried whether an acceptable percentage figure above lowest price should be included. They were concerned that Officer time would be increased as a result of this policy and that local businesses may incur additional costs when tendering, due to the additional information required.

The Policy Officer advised that it was not appropriate to include a percentage figure in the documents as the benefits for each contract locally could differ and it would be expected that local businesses compete for the business. He also advised that it was expected that procuring officers would challenge, from a business and cost perspective, any immediately obvious increase in costs. He did not expect there to be an additional burden on Officer time as this will form part of the normal processes.

RECOMMENDED TO CABINET:

(1) That Cabinet approve the Public Services (Social Value) Act 2012 Policy for application to all relevant procurement and contract management;

(2) That the Policy apply to all procurement contracts above the EU threshold (of £172,514), including capital works and goods supply;

(3) That Cabinet approve a "Go Local Policy for all applicable procurement below a £50,000 threshold;

(4) That Cabinet consider including the following Paragraph within the "Go Local" Policy:

"The Council would expect competitive pricing, but will take into account demonstrable benefit to the Community of North Hertfordshire";

(5) That Cabinet recommend that the Contract Procurement Rules be updated (to the extent required) to reflect the updated Policy under existing delegated powers of the monitoring officer as detailed in the constitution.

REASON FOR DECISION: To comment of the report entitled The Public Services (Social Value) Act 2012 - Implementation prior to consideration by Cabinet.
Agreed   
36 MEMBERS' QUESTIONS

No questions had been submitted.
Noted   
37 THE FUTURE OF TASK AND FINISH GROUPS

The Chairman led a discussion on the future of Task and Finish Groups.

Members discussed that Task and Finish Groups were about examining a subject in detail and formulating recommendations that brought clarity to the subject.

Overview was about the higher level aspects and external views, whilst scrutiny was about looking at the detail and the success of the decision and whether it achieved what was expected.

Task and Finish Groups which ventured outside of the confines of this Council, such as the T&F Group on Commercialisation which visited Colchester and the T&F Group on Children's Services which investigated activities in the community, helped bring a fresh and alternative perspective to considerations. They also suggested that, where appropriate, other authorities could be invited to take part in Task and Finish Groups.

The Chief Executive agreed that it was valuable to look outside of the organisation and then consider whether this Council wanted to do things in a different way and what would be the outcome. In doing this it was important to accurately compare the circumstances. He advised that the Centre for Public Scrutiny had published a document regarding the resources of scrutiny which suggested where to focus efforts.

Members considered that a lot of any T&F Group time was spent on being briefed on basic information and suggested that papers and information should be sent to Members in advance of meetings.

In respect of forthcoming Task and Finish Groups, Members suggested that the T&F Group on the Quality of Council Reports should be undertaken in a different way, using alternative methods to formal meetings, which would enable this to be completed at the same time as other T&F Groups were taking place.

They agree that the next T&F Group should be regarding Management of Projects and that Recharges should be considered immediately following this.

RESOLVED:
(1) That the next Task and Finish Group be regarding Management of Projects, immediately followed by a Task and Finish Group on Recharges;

(2) That a Task and Finish Group on the Quality of Council Reports be undertaken and completed using alternative approaches to formal meetings to allow it to be completed simultaneously to (1) above.

REASON FOR DECISION: To enable the Overview and Scrutiny Committee to undertake efficient and effective Task and Finish Group investigations.
Agreed   
38 RESOLUTIONS OF THE OVERVIEW AND SCRUTINY COMMITTEE
Cover Sheet
Resolutions List

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   
39 OVERVIEW & SCRUTINY COMMITTEE WORK PROGRAMME
Report
Appendix A - Forward Plan - 30 June 2015

The Scrutiny Officer presented the report entitled Overview and Scrutiny Committee Work Programme and the following issues were discussed:

EXECUTIVE MEMBER PRESENTATIONS
The Scrutiny Officer advised that Councillor Terry Hone (Deputy Leader of the Council and Executive Member for Finance and IT) had been invited to make a presentation to this Committee at the meeting due to be held on 8 December 2015.

PERFORMANCE DATA
Members were grateful for the performance data included in the Executive Member's presentation and felt the manner it was presented was easily understood. They asked that each Executive Member be requested to ensure that they include some performance data in their presentations.

They also asked that Performance Data continue to be presented regularly, but that it may not be necessary for the Performance and Risk Manager to attend every meeting.

FORWARD PLAN
Members re-iterated that they would wish to consider the review of the Grants Policy.

The Head of Policy and Community Services advised that the Grants Policy had been revised and that she was currently in discussions with the Executive Member regarding the review.

USE OF CALL - INS
The Chairman informed Members that some other Councils used the Call - In procedure on a regular basis and suggested that the Committee could use it to more effect.

The Chief Executive reminded Members that the time periods for Calling - In a decision and holding of the meeting to consider that Call- In were laid down in the Constitution and were extremely tight.

RESOLVED:

(1) That the Executive Member for Finance and IT be invited to attend the meeting of this Committee, due to be held on 8 December 2015, to give a presentation regarding issues within his portfolio;

(2) That the Scrutiny Officer be requested to ensure that each Executive Member includes some performance data in their presentations;

(3) That the Performance and Risk Manager be requested to continue to provide regular Performance Indicator Monitoring reports although attendance at each meeting may not be required;

(4) 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   
Published on Wednesday, 2nd September, 2015
9.56p.m