Agenda and minutes

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

The panel noted that Councillor B Rolfe was substituting for Councillor J Hart.

(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.

Pursuant to the Council Code for Members Conduct, Councillor J Whitehouse declared a personal interest in agenda item 8 (Value for Money in Leisure Services) by virtue of being the Chairman of the original working group examining the future of the Leisure Services. He declared that his interests were not prejudicial and that he would remain in the meeting for the consideration of the item. He would, however, relinquish the Chairmanship of the Panel for this item to the Vice Chairman.

To consider and agree the notes of the meeting the Panel held on 12 February 2007.

The notes of the previous meeting, held on 12 February 2007, were agreed. It was reported back that the figure reported in BV170a was per 1,000 and not for the total population.

(Chairman/Lead Officer) The Overview and Scrutiny Committee has agreed the Terms of Reference of this Panel and associated Work Programme. This is attached. The Panel are asked at each meeting to review both documents.

The current work programme and terms of reference, with the added items transferred from the Customer Services and ICT Standing panel were noted.

(Head of Human Resources and Performance Management) To consider the attached report.

The Head of Human Resources and Performance Management introduced the report on Key Performance Indicators. A range of 52 Key Performance Indicators (KPIs) for 2006/07 was adopted by the Cabinet at its meeting on 10 July 2006. They also set a target that at least 50% should achieve top quartile status by the end of the year. He commented that the majority of KPI indicators chosen would remain the same and that there was a suggestion that a future target be set of 75% of KPIs achieve top  quartile as the target of 50% was met last year. Councillor Jacobs questioned the ability for the Council to meet this new target saying it would require another 10 KPIs to meet their targets. The Panel considered the schedule detailing the performance against BVPIs and LPIs (including those designated KPIs) for the period 1 April 2006 to 31 March 2007.  They noted that performance targets had not been set for any KPI relating to the issue of Penalty Charges Notices for on-street and off-street parking as local authorities were encouraged not to set targets for the issue of these notices.

The Panel considered the Council’s performance for 2006/07 in relation to the BVPIs and the LPIs. The indicators were either coloured red where targets were not achieved, green when the target had been met or amber where targets had not been met for the year, but the outturn performance fell within 5% of this.

The Panel considered the KPIs, where the following was noted:

The DCLG had recently advised local authorities that the following BVPIs had been deleted with effect from April 2007:

·                BVPI 17(b) - Economically active population from ethnic minority communities;

·                BVPI 76(a) - Housing Benefit claimants visited per 1,000 caseload;

·                BVPI 164 - Access to social housing;

·                BVPI 183(a) - Length of stay in temporary accommodation (Bed and Breakfast);

·                BVPI 203 - Change in number of families in temporary accommodation;

·                BVPI 214 - Repeat homelessness;

·                BVPI 219(a) and (c) - Conservation Areas with published management proposals; and

·                BVPI 200(c) - Plan making.

KPI BV184b (change in proportion of non decent council dwellings) the council would need to manage what properties are looked at over the district as a whole.

BV66c (% of tenants in arrears served a notice seeking possession) it was noted that you could not have both ‘66c’ and ‘66d’ one would have to be green and the other red. The council would rather keep persons in the properties than evict them.

KPI BV63 (average SAP rating of council dwellings) –It was noted that it would improve next year.

KPI BV212 (average days to re-let council dwellings) this would get better in the near future.

KPI BV 9 and 10 were close to meeting their respective targets, although the targets would increase.

KPI BV91a (% of households served by kerbside collection of recyclables) – this was an unreasonable target but officers were confident the council could get to a higher level.

KPI BV166a (performance against environmental health  ...  view the full minutes text for item 5.

(Head of Human Resources and Performance Management) To consider the attached report.

The Panel noted the report of the value for money sub-group, which was convened to consider in detail the Value for Money analysis produced for 2005/06.

The Sub-group consisted of Councillors Hart, Jacobs and J M Whitehouse and was supported by the Head of Housing Services and the Head of Human Resources and Performance Management. The sub-group considered options for further work on the VFM analysis, further information was required from the respective Head of Service or whether a more detailed ‘service review’ type of analysis should be undertaken through a member level Task and Finish Panel.

The Sub-Group recommended:

(a)          That a report be made to the Finance and Performance Management Scrutiny Panel with regard to the achievement of VFM within Leisure Services, following the first year of operation of the leisure management contract with SLM Limited; and

(b)          That the establishment of a Task and Finish Panel be proposed for 2007/08, to consider in detail the provision of VFM within the Council’s Development Control function.

It was noted that a report from the Head of Leisure Services on the achievement of VFM following the first year of operation of the external leisure management contract was to be considered at this meeting.  A proposal for the setting up of a Task and Finish Panel looking at the provision of Value for Money within Planning Services, had been endorsed by the Overview and Scrutiny Committee at its meeting in June 2007.

            RESOLVED:

That the recommendations of the Value For Money Sub-Group established by the Scrutiny Panel to undertake detailed consideration of the Council’s Value For Money analysis for 2005/06, be endorsed.

(Head of Leisure Services) To consider the attached report.

Councillor Mohindra took the Chair for this item.

The Head of Leisure Services introduced the report. He stated  that the original Policy Working Group determined a number of key objectives to be achieved from externalisation.

i)                    To manage the Council’s Facilities by the most cost effective means possible, therefore reducing the level of revenue support necessary;

ii)                   To alleviate the financial risks to the Council and in particular to release the Council from the threat of punitive VAT penalties, deriving from exempt income;

iii)                 To invest in facilities, not only to ensure that their internal fabric is maintained to the current standards, but that capital refurbishments and new facilities are provided where possible; and

iv)                 To retain the accessibility, quality and diversity of leisure opportunities provided and to seek continuous improvement to the Service.

In order to secure these objectives and safeguard the Council’s assets, a set of Contract Documents i.e., Invitation to Tender, Conditions of Contract and Specification of Works, were developed.  These set out the core expectations and the minimum standards that any future Management Partner must achieve.  This was necessary to enable the Council to evaluate any Tender Bids in a consistent manner.  The Contract Documentation was also important to assist in performance monitoring the future delivery of the Service.

Eventually this resulted in SLM as the preferred contractor, with a contract commencement date of 3^rd January 2006.

It was noted that the Contract is monitored on a day-to-day basis by a Client Officer, who undertakes site inspections etc.  In addition, a monthly “Core” meeting is held with the SLM Contract Manager and Key EFDC Staff from Leisure, Finance and Building Maintenance.  Finally, the Council has appointed five Members to sit on the “Contract Monitoring Board” which has met on three occasions.

The Contractors Performance is monitored against the Key Performance Indicators, both quantitative and financial within the Contract. To date the Contract is operating well with only one Default Notice issued, with respect to water quality monitoring. 

In summary:

In conclusion, the Head of Leisure Services stated that the Council’s Key Objectives have been met and Value for Money achieved, in the following ways:

1.            Revenue savings anticipated to be in the region of £1.1million over the Contract Period are being achieved.  Income Share in second year of Contract anticipated, with an estimate of £50,000 included in the CSB.

2.         In addition to the £1.1 million of operational savings achieved, over the contract period CSB Savings of £180,000 p.a. have also been delivered through reduction of support service costs. (£66,000, p.a.  Leisure Admin and  £114,000p.a. others, Legal, Finance, Human Resources etc).

3.         The financial risk has been transferred to SLM, particularly with respect to underachievement of Income.  Fee and Charge increases have remained in line with inflation, with many discounted promotions.

4.         The Council no longer has any problems with respect to its exempt income levels and the threat of additional VAT payments.

5.         In the first year of the Contract £1.3m of additional external  ...  view the full minutes text for item 7.

(Head of Finance) To consider the attached report.

Councillor Whitehouse resumed the Chairmanship of the Panel.

The Head of Finance introduced the report on the backward looking Annual Efficiency Statement for 2006/07. He stated that every local authority was required to submit a forward looking efficiency statement in April which covers the gains anticipated for the financial year that has just commenced, followed by a backward looking statement in July, which covers the gains achieved in the financial year that has just finished.

The panel noted that the gains achieved to date showed that with one year of the process still outstanding, the target has already been exceeded by nearly £2m.

            RESOLVED:

That the Panel noted the contents of the report and agreed the efficiencies proposed for inclusion in the backward-looking Annual Efficiency statement for 2005/07 to be submitted to the Department for Communities and Local Government.

(Head of Human Resources and Performance Management) To consider the attached report.

The Head of Human Resources and Performance Management introduced the Council Plan monitoring report, the Local Area Agreement for Essex monitoring report and the Comprehensive Performance Assessment Improvement Plan monitoring report. It was noted that the Council Plan was adopted in April 2006 and was therefore due for its first review at the end of March 2007, the Local Area Agreement was subject to quarterly reports to the Panel, alongside performance reporting on the small number of actions remaining outstanding from the improvement plan arising from the Council’s first Comprehensive Performance Assessment (CPA) in 2004.

The Panel considered the monitoring reports submitted and noted progress.

The Panel firstly considered the  Council Plan 2006-2010:

• They were told that the East of England Plan was to become an issue in the Autumn;
• The progress report did not indicate if we had achieved the target set out;
• Asked if we mentioned ‘Clean Air’ the Panel were told that the council does produce air quality figures elsewhere, as there are routine monitoring sites all around the district;
• The Council’s homeless prevention policies are regarded by the DCLG as very good practice;
• Noted that the Council Plan is updated every 2 years and reviewed regularly;
• It was reported that FL2 had now been completed;
• Noted that the Customer Services Transformation Programme still had a small budget, but will need significantly more money when  next the Capital Programme is reviewed it will be considered again.

The Panel next considered the Essex Local Area Agreement:

• A report  will be brought to the August meeting that would take the schedule up to the end of June;
• It may well be that the Cabinet will ask O&S to consider setting up a Task and Finish Panel to look into the LAA.

Finally the Panel considered the Comprehensive Performance Assessment Improvement Plan:

• The table showed the outstanding work and things that needed to be achieved. It was taken from the CPA plan.
• This would be the last round of the CPA, it is to be replaced by a Use of Resources review which bolts onto the CPA. The CPA focused inwards on the Council, the Use of Resources will have a broader remit looking at the community.

(Head of Human Resources and Performance Management) To consider the attached report.

The Head of Human Resources and Performance Management introduced the Consultation Plan and Register 2006/07. He reported that the Consultation Plan resulted from an Audit Commission  suggestion on improving our approach to public consultation, particularly in respect of ensuring engagement with minority communities and other hard to reach groups.

It was noted that as part of the new Public Consultation and Engagement Strategy, the Cabinet and the Scrutiny Panel had requested that a Consultation Plan be developed as part of the annual business planning process from 2006/07 onwards.

The Panel noted the Consultation Plan and the details of those public consultation exercises completed in the last year.  It was also noted that a six month review of the plan was requested.

            RESOLVED:

That the Consultation Plan for 2007/08, setting out those issues on which public consultation is planned to be undertaken during the municipal year, and detailing those consultation exercises completed during 2006/07, be noted.

To consider which reports are ready to be submitted to the Overview and Scrutiny Committee at its next meeting.

To report back to the next Overview and Scrutiny Committee on the KPI report and the conclusions of the VFM sub-group review.

1.         To consider the forward programme of meeting dates for the Panel. The proposed meeting dates are:

14 August; 13 November; 14 January 2008 and 11 February.

2.         The secretary to this Panel has been approached by an officer asking that the 14 August meeting be moved forward, as he has an important report to deliver to the Panel, but was also booked to go on annual leave from 8 August. This report was initially programmed to go to the (now defunct) Customer Services and ICT Standing Panel in July 2007, but as this Panel’s work was redistributed to this Panel at the end of last year, the July meeting that it was scheduled to go to was destined not to take place. To help the Panel it has been established that the following days are available if the Panel is so minded to change the date of its’ next meeting:

Thursday 26 July;  Tuesday 31 July  and Monday 6 August.

RECOMMENDATION:

The Panel is requested to consider moving the next meeting of the Panel to any of the above dates.

1.         The Panel noted the scheduled meeting dates for the panel.

2.                              The Panel considered the request to bring forward the date of the next meeting to the end of July or to add an extra meeting to consider the webcasting report. An alternative proposals that the report go to the next Overview and Scrutiny Committee due to be held on  10 July 2007 was accepted by the Panel.

RESOLVED:

That the Overview and Scrutiny Committee be asked to consider the proposed report on the webcasting project at its next meeting.