Agenda and minutes

Decisions required:

To confirm the minutes of the meeting of the Committee held on 10 November 2005.

RESOLVED:

That the minutes of the meeting of the Committee held on 10 November 2005 be taken as read and signed by the Chairman as a correct record.

(Head of Research and Democratic Services). To report the appointment of any substitute members for the meeting.

No substitute Members were appointed for the meeting.

(Head of Research and Democratic Services). To declare interests in any items on the agenda.

In considering whether to declare a personal or a prejudicial interest under the Code of Conduct, Overview & Scrutiny members are asked pay particular attention to paragraph 11 of the Code in addition to the more familiar requirements.

This requires the declaration of a personal and prejudicial interest in any matter before an OS Committee 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 does not refer to Cabinet decisions or attendance at an OS meeting purely for the purpose of answering questions or providing information on such a matter.

There were no declarations of interest reported pursuant to the Council’s Code of Member Conduct.

(a)               Standing Panels

At its last meeting on 10 November 2005, the Committee agreed a change to the reporting process for the reports of the Standing Panel Chairmen.  It was agreed that for this and future meetings, Chairman be only requested to report on meetings that had taken place since the previous meeting of this Committee. In this instance the 10 November 2005. This was to ensure that reports focused on new information which had not been reported elsewhere in the agenda or at previous meetings.

Accordingly, the Chairmen of those Panels that have met during this cycle have been invited to update the Committee. They are:

Standing Panel                  Chairman

E- Government and Information and                        Councillor F Maclaine

Communication Technology

Housing                         Councillor S Murray

Environmental and Planning Services                        Councillor D Stallan

(b)               Task and Finish Panels

The OSC also agreed that the Chairmen of the Task and Finish Panels be invited only to report on significant items not covered elsewhere in the agenda. The Chairman of these Panels are requested to consider this new requirement to determine whether they need to report to this OSC.

(c)            Updated Overview and Scrutiny Work Programme

The updated Overview and Scrutiny Work Programme provides information on the current work of all Panels and is attached for information.

Member received reports on the work undertaken by the Panels since the last meeting of the Committee on 10 November 2005.

(a)            Standing Panels

(i)            Housing

Councillor Murray stated that the Panel had last met on 7 December 2005. At that meeting, the Panel considered the progress made with the Housing Revenue Account Business Plan for 2005 and the development of a strategy for empty properties in the private sector which was due to be submitted to the Panel in January 2006. The Panel had also considered a progress report on the Epping Forest Local Supporting People Strategy. The Chairman reported that the bid for £96,000 which had been submitted to the ODPM by a consortium led by the Council for the Choice Based Letting Scheme had been successful and details would be published in the Members Bulletin. The Panel had agreed to pursue the proposal  made by the OSC on 10 November 2005 requesting that the Panel considered ways by which affordable housing in the District could be increased. A full report on the issues was due to be submitted to the Panel in March 2006. The Panel considered changes to the Witness Protection Scheme and had indicated a preferred option. This had subsequently been supported by the Portfolio Holder and was to be submitted to the Cabinet for consideration.

(ii)               Environmental and Planning Services

The Chairman of the Panel Councillor Stallan reported that the item in the Panels work plan on the re-use of agricultural buildings in the Green Belt would not be completed by the timescale identified in the plan. He therefore requested a new reporting deadline for the item. It was agreed that the Panel would determine this at  a future meeting. At its last two meetings on the 16 November 2005 and 1 December 2005 the Panel had focused on responding to the Clean Neighbourhoods and Environment Act 2005. This response had been circulated and was the subject of a separate item elsewhere on the agenda.

(iii)             E Government and ICT

Councillor  Maclaine the Chairman of the Panel, referred the task of reporting on the work of the Panel to the Head of ICT who was the lead officer for the Panel. He stated that the last meeting of the Panel had focused on the ICT Strategy Review which had now been submitted to the Cabinet. The Panel discussed the Member Connectivity Scheme. The Senior Democratic Services Officer reported that the bulk of Members had now signed up to the scheme and as a result it was being rolled out.  He asked those Members who had not yet returned their contracts issued for the project to do so. Training would be provided in the new year.

The Head of ICT reported that the Panel would consider a report on the Customer Contact Centre at its next meeting. A new Project  Board  would be set upto oversee the project. The board would be chaired by the Portfolio Holder and also comprise the Chairman of the ICT  ...  view the full minutes text for item 67.

RESOLVED:

That agenda item 9 (Parking in Residential Areas – Report of Task and Finish Panel on Register of Development Proposals) be taken as the next item of business.

(Vice – Chairman of Task and Finish Panel on Register of Development Proposals). To consider the attached report.

Councillor Angold – Stephens, the Vice Chairman of the Task and Finish Panel on the Register of Development Proposals presented a report on its review on parking issues in residential areas. The report was divided into five main parts. These  were the transfer of highways responsibilities to the County; the Highways Local Service Agreement (LSA); residential parking schemes in the District; vehicle  crossovers and enforcement action.

Councillor Angold – Stephens reported that the review aimed to address the  current issues created by the increase in car ownership in the District and considered how they should be dealt with in view of the new arrangements for highways and the importance of parking matters to residents.

The Panel had focused on the changes which had resulted from the loss of the Highways Agency to the County and assurances given by the West Essex Area Manager. The Panel noted the concern that the new LSA could result in a loss of local focus and knowledge. As a result, it had proposed that the Council retained involvement in the arrangements to secure improvements and that it be monitored by the OSC. The Panel highlighted areas which required further clarification.

In response to these recommendations, the Head of Environmental Services explained that the LSA was a strategic document, and it was unlikely that there would be provision for particular amendments at this stage. There was a section to allow negotiation on local customisation. Recommendations specific to the District could be added to this.

Councillor Angold – Stephens reported that the review had considered the current position on parking reviews. It proposed that the schemes in the District be progressed as a matter of urgency . He advised of the proposed liaison/ review arrangements  between Housing Services and Highways for work on Housing land. He stated that the proposals requested that a data base be maintained for non housing land and a local forum should manage and prioritise issues. In relation to these points, the Portfolio Holder for Environmental Protection advised that recent changes in planning and government guidance had affected issues.  The Portfolio Holder for Housing referred to the Buckhurst Hill Parking Review. He stated that the associated problems which had delayed works had now been overcome.  He also outlined the consultation process which enabled Tenants and Leaseholders to express views to Housing Services. He outlined the process for forwarding, prioritising and undertaking reviews of local schemes.

The Committee considered the proposals for vehicle crossovers. The Committee noted that concerns had been expressed about current policy at the Housing Appeals Panel. It was clarified that the Panel had proposed that the current maximum length for crossovers should remain at 6 metres. The Panel had also  proposed that surfacing for crossovers be porous to allow drainage. The Head of Leisure Services recommended that such surfacing should be bound as it was likely that loose materials would aversely affect the work of the Grounds Maintenance Team. It was agreed that recommendation 12 be amended to reflect the  ...  view the full minutes text for item 69.

(Chairman of the Task and Finish Panel on the Local Area Agreement for Essex). To consider the attached report.

The Chairman of the Task and Finish Panel, Councillor Faulkner, presented a report of the Panel on the Local Area Agreement (LAA) Priorities. The Overview and Scrutiny Committee had established the Panel to review proposals by the County Council for a new LAA for Essex. The Panel met on 28 November 2005.

The LAA was a contract between Local and Central government which was intended to secure improvements across a number of key areas for a three year period. The scheme was first published in June 2004 and had the second stage of which involved Essex.

Essex had made an initial bid to participate to GO East at the end of September 2005. The government had confirmed that they were satisfied with the thirteen LAA priorities set out in this bid which centred around four blocks.

The Panel had considered the 13 priorities to select which ones, if any, were most relevant to the local situation and should be supported by the Council.

The Panel had suggested that the Council was in a position to influence three priorities. The three highlighted areas were based on the statutory responsibilities of the Authority, therefore were areas in which the Council could make a positive change.

RESOLVED:

(1)            That the Cabinet be recommended to pursue the following LAA Priorities for sign up by the Council namely:

Priority 3 – Ensure development is designed to promote healthier living in the built environment and provide decent and affordable housing;

Priority 10 – Reduce crime and the fear of crime; and

Priority 11 - Actively manage our environment;

(2)            That once finalised performance targets are known members be kept informed of the proposals as they relate to these targets;

(3)            That the Cabinet be recommended to consider whether to delegate decisions on details of the proposed performance targets and associated action plans to Heads of Service in consultation with Portfolio Holders and the Management Board; and

(4)            That Overview and Scrutiny be involved in any local monitoring arrangements of the finalised LAA performance targets.

(Chairman of Task and Finish Panel on Externally Funded Leisure Services and Youth Provision). To consider the attached report.

The Chairman of the Task and Finish Panel presented the proposed monitoring arrangements for the Leisure Management Contract formulated by the Panel at recent meetings.

The Head of Leisure Services reported that the Contract Monitoring Arrangements had been defined within the Contract against which contactors tendered. SLM, the preferred external partner had submitted a Method Statement as to how they would achieve the identified performance targets. This had been evaluated as satisfactory. SLM also had a number of internal mechanisms to ensure self monitoring and that a Quality Service was delivered.

The Panel considered the Council’s ongoing requirements in respect of TUPE and Best Value requirements in relation to staff. The Panel noted that the level of investment from SLM, was guaranteed and would be checked.

It had been agreed that the Contractor would be expected to attend monthly meetings with client officers of the Council to review the arrangements. It had also been proposed that a higher level strategic Contract Monitoring Board be established to monitor performance and consider any  proposed variations to the contract and improvements. This was not a decision making body.

The Head of Leisure Services reported that it was envisaged that the Monitoring Board might operate along the same lines to the Direct Services Board and comprised 5 Members of the Council and the Portfolio Holder. This might also include 4 representatives from the Contractor. It was recognised that a good working relationship with the Contractor might be more readily achieved with a smaller number of Members.

The Committee supported the report and agreed that the proposed Membership size,for the board should be pursued. The Committee also agreed that the proposals should ensure cross party representation on the Board and that for the interim meeting in March 2006, the Council be represented by five cross party Members to include the Portfolio Holder nominated by Group Leaders.

RESOLVED:

(1)            That Cabinet be asked to confirm the proposed Contract Monitoring Arrangements for the Leisure Management Contract,

(2)            That Council be asked to appoint the Membership of the Leisure Management Contract Board each year at its Annual General Meeting;

(3)            That the Contract Monitoring Board report to the Overview and Scrutiny Committee, to consider issues and report to Cabinet as necessary;

(4)            That, in order to assist with the formation of an effective working relationship with SLM, Membership of the Monitoring Board is at a number less than the strict pro-rata of 10 Members (5 cross party Members as per the previous Direct Services Board, to include the Leisure Portfolio Holder);

(5)            That the following option for the initial Board meeting be reported to the Council for approval:

Council represented by 5 cross party Members nominated by Group Leaders to include the Leisure Portfolio Holder

(Chairman of Standing Panel on Constitutional Affairs). To consider the attached report.

The Chairman of the Constitutional Affairs Standing Panel, Councillor R Morgan presented the Panels report on their review of Contract Standing Orders. The review sought to bring the current document up to date and clarify certain points. The majority of changes had arisen from changes in legislation, the top management structure of the Council and the Executive Constitution.

The Head of Research and Democratic Services reported that more significant changes had been proposed for contracts not exceeding £20,000, and the receipt and Custody of Quotations and Tenders. He stated that on 14 November 2005, in considering the revisions, the Cabinet had recommended that they should enable the invitation of electronic tenders as well as electronic receipt. He reported that this method of invitation and receipt was achievable through the ‘Essex Marketplace’ IT system which would come into effect on 1 April 2006. The system would be used locally in the first instance to request quotations for goods and services up to the threshold of £50,000 beyond which tenders must be bought. It would not cover larger contracts. These would need to be subject to a full e - tendering system as part of the Council’s procurement strategy. The Cabinet’s recommendation on this specific requirement was circulated at the meeting. The Committee considered a schedule containing the revised contract standing orders.

The review had also proposed changes to the manner in which the Council should invite tenders and circulate tender documents to ensure documents would be traceable. It proposed amendments to the procedures for Contract Documentation, Standard Contract Terms, Final Account, Acquisition and Disposal of Land and Authority for Amendments.

RESOLVED:

(1)            That the proposed amendments to Contract Standing Orders be endorsed;

(2)            That Standing Order C16(2) should make provision for the electronic invitation of tenders in addition to the proposed electronic receipt and read as follows:

“Invitations by the Council of tenders and quotations for the provision of goods or services shall only be permitted by electronic means in accordance with the Essex Marketplace Procurement System.    Any tender or quotation for goods or services submitted to the Council by electronic means shall be disqualified from consideration unless submitted in accordance with the Essex Marketplace Procurement System and shall be dealt with by the appropriate Chief Officer in accordance with the procedure prescribed by Standing Order C18(b) for late tenders. “

(3)            That the revised standing orders together with recommendation (2) above be reported to the Council for inclusion in the Constitution

(4)            That further consideration be given to electronic submission and receipt of tenders which fall outside the "Essex Marketplace" request for quotations system as part of forthcoming consideration of a procurement strategy and a secure e-tendering system.

(Chairman of Environmental and Planning Services Standing Panel). To the consider the report of follow.

The Chairman of the Environmental and Planning Services Standing Panel reported that at its last two meetings, the Panel gave consideration to the response to Defra in respect of the Consultation on the Clean Neighbourhoods and Environment Act 2005. He advised that the Panel answered and/or commented on the particular issues raised in the document and asked the Committee to agreed their suggested response to the consultation which ended on 2 January 2006. The issues covered were crime and disorder, nuisance parking offences, abandoned vehicles, litter and refuse, graffiti, waste, fixed penalty notices and other issues. The full response, including the responses of officers to some technical questions, was tabled for consideration and endorsed.

RESOLVED:

That the response to Defra in respect of the Consultation on the Clean Neighbourhoods and Environment Act 2005 be noted and endorsed.

Recommendation:

To consider any items to be raised by the Chairman at the Cabinet meeting on 19 December 2005.

(Head of Research and Democratic Services). Under the Overview and Scrutiny rules the Committee is enabled to scrutinise proposed decisions of the Executive. The Chairman is also required to report on such discussions to the Cabinet.

The Committee is asked to consider the 19 December 2005 Cabinet agenda (previously circulated) to see whether there are any items that they wish to be raised at the Cabinet meeting.

The Cabinet agenda for the 19 December 2005 had not been produced in time for consideration at the meeting. As a result this item could not be fully considered.

Members noted the items that had been considered by this meeting and would be reported to the Cabinet and the Council.

Consultation on changes to the recycling credit scheme and performance standards – formulation of response

The Committee noted that the Portfolio Holder for Environmental Protection and the Head of Environmental Services had attended a forum on waste management earlier on in the day. At the meeting, information on how credits for recycling might work and options for recycling credits was circulated. The information would be subject to a consultation period to seek comments from interested parties. The deadline for views on recycling credits was 23 December 2005. The consultation for comments on targets finished on 20 January 2005.

The Committee agreed that in view of the tight time scale involved, the Portfolio Holder, the Chairman of the Environmental and Planning Services Standing Panel, Councillor Stallan and officers be authorised to submit comments to the consultations on behalf of the Council. The Committee agreed that the response should be included in the Members Bulletin for comments and the outcome reported to the next meeting of the OSC in February 2006.

RESOLVED:

(1)            That the Portfolio Holder, the Chairman of the Environmental and Planning Services Standing Panel, Councillor Stallan and officers be authorised to respond on behalf of the Council to the consultation exercises on recycling targets and credits and;

(2)            That the response be placed in the Members Bulletin and the outcome reported to the next meeting of this Committee in February 2006.