Agenda and minutes

This meeting is to be webcast and the Chairman will read the following announcement:

“I would like to remind everyone that this meeting will be filmed live or recorded, and uploaded to the internet and will be capable of repeated viewing.

Therefore, by participating in this meeting, you are consenting to being filmed and to the possible use of those images and sound recordings.

If any public speakers on MS Teams do not wish to have their image captured, they should ensure that their video setting throughout the meeting is turned off and set to audio only.

Members and public speakers are reminded to turn on their microphones before speaking and turn them off when they have finished.”

The Chairman reminded everyone present that the meeting would be broadcast live to the Internet, and that the Council had adopted a protocol for the webcasting of its meetings.

To report the appointment of any substitute members for the meeting.

The Committee noted that Councillor R Brookes had been appointed as substitute for Councillor W Kauffman.

To declare interests in any item on the agenda.

In considering whether to declare a pecuniary or a non-pecuniary interest under the Council’s Code of Conduct, Members are requested to pay particular attention to paragraph (11) of the Code in addition to the more familiar requirements.

This requires the declaration of a non-pecuniary interest in any matter before Overview & Scrutiny which relates to a decision of or action by another Committee or Sub-Committee of the Council, a Joint Committee or Joint Sub-Committee in which the Council is involved and of which the Councillor is also a Member.

Paragraph (11) of the Code of Conduct does not refer to Cabinet decisions or attendance at an Overview & Scrutiny meeting purely for the purpose of answering questions or providing information on such a matter.

(a)       Pursuant to the Council’s Members’ Code of Conduct, Councillor R Bassett declared a non-pecuniary interest in item 10 of the agenda, Budget Monitoring Report 2024/25 – Quarter 2, by virtue of being a non-executive Director of Qualis.

To consider the draft minutes of the meeting of the Committee held on 29 October 2024.

RESOLVED:

That the minutes of the meeting held on 29 October 2024 be taken as read and signed by the Chairman as a correct record.

To consider any matters arising and outstanding actions from the minutes of the previous meeting(s) that are not covered elsewhere in this agenda.

The following matters were raised:

(a)            the perceived lack of preparation from the Transport for London (TfL) Officers, and their relative lack of seniority, at the last meeting of the committee on 31 October 2024;

(b)            the absence of a planning meeting with the Committee prior to the actual meeting itself;

(c)            the lack of the promised written responses from the TfL Officer after the meeting.

The following actions were noted / still outstanding:

(d)            the TfL Officers were advised prior to the meeting to prepare a presentation on the issues raised by members;

(e)            this was acknowledged by Officers and will be enacted for the next external Scrutiny meeting; and

(f)             Officers are continuing to chase TfL for the promised written responses, and these will be circulated when they are received.

(Democratic & Electoral Services Team Manager) To receive questions submitted by members of the public and any requests to address the Committee, in accordance with Article 6 (Overview and Scrutiny) of the Council’s Constitution.

(a)       Public Questions

Members of the public may ask questions of the Chairman of Overview and Scrutiny Committee at ordinary meetings of the Committee, in accordance with the procedure set out in the Constitution.

(b)       Requests to address the Overview and Scrutiny Committee

Any member of the public or a representative of another organisation may address the Overview and Scrutiny Committee on any agenda item (except those dealt with in private session as exempt or confidential business), due to be considered at the meeting.

The Committee noted that no public questions or requests to address the meeting had been received. However, Cllr J Lea asked a question on behalf of a member of the public. The previous reduction in price for bulk waste collections for pensioners had apparently been scrapped, and questioned why this decision had not come before Members for approval? The Service Director for Contract Partnerships and Procurement, J Warwick, stated that he would investigate this and respond with an answer to the Councillor in due course.

            Action:

(1)        That a written answer be provided by J Warwick to Cllr J Lea regarding price reductions for Pensioners when they order a bulk waste collection.

(Democratic & Electoral Services Team Manager) To consider any matter referred to the Committee for decision in relation to a call-in, in accordance with Article 6 (Overview and Scrutiny) of the Council’s Constitution.

The Committee noted that no executive decisions had been called-in for consideration since the previous meeting.

To review the attached Organisational Performance report containing the Quarter 2 Key Performance Indicator Outturn and Priority Projects Update.

The Service Director for Corporate Services, P Maginnis, presented the Organisational Performance report for quarter 2 of 2024/25, incorporating an update on the Council’s Key Performance Indicators (KPIs) and Priority Projects. The KPIs that were either red or amber in status had been highlighted for the Committee’s consideration.

Key Performance Indicators

In response to questions and queries from the Committee, Officers gave the following responses:

·       Average relet time in calendar days – the figures for quarter 2 had been distorted by 4 key voids which had taken over 60 days to relet.

·       Percentage of all repairs completed within target timescale – the situation was improving but a supply chain issue was impacting on performance; the Council was working with the Qualis Repairs Team to improve performance.

·       Number of Fly Tipping incidents – these have continued to increase but the Council had been successful in obtaining grant monies to upgrade equipment to detect fly tipping in some of the ‘hotspots’; proactive patrols would be undertaken in collaboration with the Council’s partners, and a media campaign was being developed to highlight the work the Council was doing in this area.

·       Household waste sent for reuse, recycling and composting – the figure reported was an estimate as the Council did not yet have the final figures from the County Council.

It was suggested by the Committee that the amount of fly tipping within the District would be reduced if the County Council reviewed its policy on the use of the amenity centres for the disposal of small-scale household building waste, and if there were regular bulk rubbish collections organised, either quarterly or monthly.

Broadway Refurbishment

The interim Service Director for Housing and Property, S Balu, reported that the project had started positively, was on budget and the overall project status was green. In response to questions and queries from the Committee, the following responses were provided:

·       The Council would report in the near future on the number of responses received during the section 26 consultation period.

·       Health and Safety was of the utmost importance, and the Health & Safety (Incident) Log would be included in the report at the next meeting.

Cllr S Murray felt that the ward Members had been fully involved in the project and consulted with, and also offered praise for the support provided to the leaseholders. In particular, Cllr S Murray felt that the Project Manager was performing excellently.

The Waste Management Programme

The Service Director for Contract Partnerships and Procurement, J Warwick, reported that the service had been transferred over to Terra Verde Services (TVS) successfully. TVS were currently operating out of temporary buildings, but a permanent base would be ready next year.

Officers gave the following responses to questions and queries from the Committee:

·       There were now 18 operatives who had transport issues, and the Council was providing a mini-bus to pick up the operatives from 4 different stops until the end of January 2025.

·       The staff transport issue was anticipated and provision was made within the budgets;  ...  view the full minutes text for item 39.

To consider the Quarter 2 Budget Monitoring Report 2024/25.

The Section 151 Officer, A Small, presented the Budget Monitoring Report for quarter 2 of 2024/25.

A Small reported that the General Fund was currently forecast to be underspent by £0.131million, which followed a forecast underspend of £0.225million in quarter 1. The most significant pressure was again an anticipated shortfall in income (£0.308million) from Planning Applications. However, this was offset by underspends in ICT & Transformation (0.448million), Regulatory Services (£0.164million) and Customer & Communities (£0.161million). In addition, it was also anticipated that £2.133million would be able to be transferred to the Earmarked Reserve at the end of the year from the General Fund Reserve, which would remain with a £4million balance in accordance with the Council’s adopted policy.

A Small stated that the Housing Revenue Account (HRA) was forecast to record a small overspend of £0.377million, due to budgetary pressures on Repairs and Maintenance. The balance of the HRA at year-end was forecast to be £3.655million, which would be above the minimum £2million in the HRA Business Plan. The General Fund Capital Programme was currently forecast to be underspent by £1.766million, due to underspends on the Qualis loans and the ICT Strategy; while the HRA Capital Programme was forecast to be underspent by £12.035million, of which the biggest factors were underspends on Capital works (£6.228million) and Housing Development (£5.237million). Overall, the wider financial performance and risk position was generally positive, and compliance with prudential and local indicators was not giving any cause for concern.

Cllr S Murray stated that the Communities Scrutiny Committee had been aware of the large underspends on the HRA Capital Programme, arsing from the delays for the development of two sites. The Service Director for ICT and Transformation, M Salt-Kemp, stated some ICT projects had not proceeded as planned due to shared learning between this Council and Colchester City Council, which had led to the underspend. The Portfolio Holder for Finance & Economic Development, Cllr H Whitbread, highlighted the forthcoming important role in scrutinising the 2025/26 budget.

            Resolved:

(1)        That the General Fund Revenue position at the end of quarter 2 for 2024/25 be noted;

(2)        That the General Fund Capital position at the end of quarter 2 for 2024/25 be noted;

(3)        That the Housing Revenue Account Revenue position at the end of quarter 2 for 2024/25 be noted;

(4)        That the Housing Revenue Account Capital position at the end of quarter 2 for 2024/25 be noted; and

(5)        That the wider position on Financial Performance and Risk at the end of quarter 2 of 2024/25 be noted.

To consider the Review of Council Tax Empty & Second Homes Premiums report.

The Chairman had agreed to the request from Officers that this report be withdrawn until later in the municipal year.

(Chairmen of the Select Committees) To report to the meeting on progress of the current work programme and any recommendations for consideration by the Overview and Scrutiny Committee.

For information: the current work programme for each select committee is attached.

In the absence of the Chairman, Cllr J Lea updated the Committee on the progress of the Work Programme for the Communities Scrutiny Committee:

·       the Repairs Policy had been reviewed and recommended to the Cabinet for approval;

·       the Housing Development Pipline had been reviewed; and

·       the forthcoming regulatory changes for Housing and Property had also been considered.

The Chairman of the Place Scrutiny Committee, Cllr J Parsons, reported that the previous scheduled meeting in October had been cancelled, and the next meeting was scheduled for January 2025. The Chief Operating Officer, J Gould, added that the proposed scrutiny of recycling collections had not yet been scheduled.

            Resolved:

            (1)        That the progress with the Communities Scrutiny Committee and Place             Scrutiny Committee Work Programmes for 2024/25 be noted.

Progress towards the achievement of the work programme for the Overview and Scrutiny Committee is reviewed at each meeting.

The current work programme for the Committee is attached to this agenda.

The Committee considered its Work Programme for the municipal year. The Chairman reported that the Budget Options consultation meeting would take place on Tuesday 10 December 2024.

          Resolved:

(1)      That the Overview & Scrutiny Committee Work Programme for 2024/25 be noted.

Recommendation:

That the Committee review the Executive’s current programme of Key Decisions to enable the identification of appropriate matters for the overview and scrutiny work programme and the overview of specific decisions proposed to be taken over the period of the plan.

Article 6 (Overview and Scrutiny) of the Constitution requires that the Committee review the Executive’s programme of Key Decisions (the Cabinet Forward Plan) at each meeting, to enable the identification of appropriate matters for the overview and scrutiny work programme and to provide an opportunity for the overview of specific decisions proposed to be taken over the period of the plan.

The Constitution (Article 14 (Decision Making)) defines a Key Decision as an executive decision which:

(a)       involves expenditure or savings of £250,000 or above which are currently within budget and policy;

(b)       involves expenditure or savings of £100,000 or above which are NOT currently within budget and policy;

(c)       is likely to be significant in terms of its effect on communities living or working in an area comprising two or more wards;

(d)       raises new issues of policy;

(e)       increases financial commitments (i.e. revenue and/or capital) in future years over and above existing budgetary approval;

(f)        comprises and includes the publication of draft or final schemes which may require, either directly or in relation to objections to, the approval of a Government Minister; or

(g)       involves the promotion of local legislation.

Wherever possible, Portfolio Holders will attend the Committee to present forthcoming key decisions, to answer questions on the forward plan and to indicate where appropriate work could be carried out by overview and scrutiny on behalf of the Cabinet.

The Executive’s current programme of Key Decisions is attached as an Appendix to this report.

Leader

Cllr S Murray expressed concern that the report on the Review of Polling Places and Stations was going to be considered by the Council on 17 December 2024 without any scrutiny beforehand. It was highlighted that the review had been subject to a full public consultation period, but Officers undertook to look at the possibility of the report going to the Cabinet meeting on 9 December 2024 prior to the Council meeting the following week.

Resolved:

(1)        That the possibility of the Review of Polling Places and Stations report being submitted to the Cabinet meeting scheduled for 9 December 2024 be considered; and

(2)        That the Council’s Forward Plan of Key Decisions be noted.

(Post meeting update: Following subsequent discussions between Senior Officers and Councillors, it was agreed that the report would be submitted direct to Council on 17 December 2024.)

Exclusion

Democratic & Electoral Services Team Manager) To consider whether, under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the following paragraph(s) of Part 1 of Schedule 12A of the Act (as amended) or are confidential under Section 100(A)(2):

The Local Government (Access to Information) (Variation) Order 2006, which came into effect on 1 March 2006, requires the Council to consider whether maintaining the exemption listed above outweighs the potential public interest in disclosing the information. Any member who considers that this test should be applied to any currently exempted matter on this agenda should contact the proper officer at least 24 hours prior to the meeting.

Background Papers 

(Democratic & Electoral Services Team Manager) Article 17 - Access to Information, Procedure Rules of the Constitution define background papers as being documents relating to the subject matter of the report which in the Proper Officer's opinion:

(a)        disclose any facts or matters on which the report or an important part of the report is based;  and

(b)        have been relied on to a material extent in preparing the report and does not include published works or those which disclose exempt or confidential information and in respect of executive reports, the advice of any political advisor.

The Council will make available for public inspection for four years after the date of the meeting one copy of each of the documents on the list of background papers.

The Committee noted that there was no business which necessitated the exclusion of the public and press from the meeting.