Meeting documents

Policy and Resources Scrutiny Committee
Thursday, 11th July, 2013 6.30 pm

Place:
Civic Suite, Civic Centre, Southend-on-Sea
 

Attendance Details

ItemDescriptionResolution
Part I
148 Apologies and substitutions.
 Apologies for absence were received from Councillor Evans (no substitute), Councillor D Garston (substitute Cllr A J Jones), Councillor Holland (substitute Cllr Dr Caunce), Councillor Hadley (substitute Cllr Carr) and Cllr Stafford substitute Cllr Assenheim).

The Committee asked that their condolences be forwarded to David Garston and to Jonathan Garston and their family following the sudden death of Lynda Garston.
149 Declarations of interest.
 The following interests were declared at the meeting:

(a) Councillors Holdcroft, Moring and Salter - interest in the pre-Cabinet scrutiny/referred/called-in items; attended pursuant to the dispensation agreed at Council on 19th June 2012, under S.33 of the Localism Act 2011;
(b) Councillor D Norman - agenda items relating to - Tenancy Policy; the in depth scrutiny project report - non-pecuniary - Board member of SEH;
(c) Councillor Ayling - agenda items relating to - Tenancy Policy; the in depth scrutiny project report - non-pecuniary - Board member SEH;
(d) Councillor Salter - agenda items relating to - Tenancy Policy; the in depth scrutiny project report - non-pecuniary - private landlord in Borough;
(e) Councillor Robertson - agenda item relating to - Tenancy Policy -non-pecuniary - wife is temporarily renting out the top floor flat above her Consulting Rooms;
(f) Councillor Dr Caunce - agenda items relating to - Tenancy Policy; the in depth scrutiny project report - non-pecuniary - husband owns some rental properties;
(g) Councillor Habermel - agenda item relating to - Tenancy Policy -non-pecuniary -private landlord;
(h) Councillor A J Jones - agenda item relating to - Pier North End Amusements - pecuniary - company represents Stockvale Group - withdrew.
150 Questions from Members of the Public.
 There were no questions from members of the public.
151 Terms of Reference of 3 Scrutiny Committees
Resolved:-

That the Terms of Reference of the 3 Scrutiny Committees be noted.
152 Tenancy Policy
Business for item 152
Resolved:-

That the Committees' comments to Cabinet on this matter are as follows:

• Tenancy review meeting - paragraph 3.10 of report and page 8 of policy - clarify wording;
• Mutual exchange - second bullet point on page 6 of policy - clarify wording;
• Notice period - consider changing to 3 months; and
• Clarify the Appeals process for tenants.

[Councillors Gilbert and Borton asked that their opposition to the proposals in the report be recorded, pursuant to Standing Order 40.2].

Note:- This is an Executive Function.
Executive Councillor:- Salter.
153 Dial-a-ride - the way forward
Business for item 153
Resolved:-

That the Committees' comments to Cabinet on this matter are as follows:

• That there was general consensus to the report and that Option 2 be followed, namely to retain the service, as set out in paragraph 4.2 of the report ;
• Suggested that the position would need to be reassessed in 2014 / 15; and
• Suggested that a survey of use needed to be undertaken.

Note:- This is an Executive Function.
Executive Councillor:-Moring
154 Monthly Performance Report - April 2013
 Resolved:-

1. That the report be noted.

2. That the Corporate Director for People provide a briefing report on core client housing responsibilities, including commissioning and procurement to the next ordinary meeting of the Scrutiny Committee.

Note:- This is an Executive function.
Executive Councillor:- As appropriate to the item.
155 Item called in from The Cabinet minutes of Tuesday, 18th June, 2013.
 
Corporate Plan and Annual Report - 2013
Scrutiny Comment for item 155
Business for item 155
Resolved:-

That the following recommendation of Cabinet be noted:

"That the Council's Corporate Plan and Annual Report 2012, as set out in Appendix 1 of the submitted report, be approved and that the Chief Executive, in consultation with the Leader of the Council, be authorised to determine any final changes to the document prior to publication."

Note:- This is a Council Function.
Executive Councillor:- Holdcroft.
156 Item called in from The Cabinet minutes of Tuesday, 18th June, 2013.
 
Annual Treasury Management Report 2012-13
Scrutiny Comment for item 156
Business for item 156
Resolved:-

That the following recommendations of Cabinet be noted:

"1. That the Annual Treasury Management Report for 2012/13 and the outturn Prudential Indicators for the period from April 2012 to March 2013, be approved.

2. That it be noted that the financing of capital expenditure of £60.972m has been funded in accordance with the schedule set out in Table 1 of section 4 of the submitted report, with reduced financing required of £1.286m.

3. That it be noted that the Capital Financing and Treasury Management were carried out in accordance with statutory requirements, good practice and in compliance with the CIPFA (The Chartered Institute of Public Finance and Accountancy) Prudential Code during 2012/13.

4. That the following be noted in respect of the return on investment and borrowing:

• The loan and investment portfolios were actively managed to minimise cost and maximise interest earned, whilst maintaining a low level of risk.

• £0.60m of interest was earned during the whole of 2012/13 at an average rate of 0.91%. This is 0.53% over the benchmark of the 7 day LIBID (London Interbank Bid Rate) and 0.41% over the bank base rate.

• An average of £41.9m of investments were managed in-house. These earned £0.26m of interest during the year at an average rate of 0.63%. This is 0.25% over the average 7 day LIBID and 0.13% over the bank base rate.

• An average of £24.3m of investments were managed by fund managers. These earned £0.34m of interest during the year at an average rate of 1.39%. This is 1.01% over the average 7 day LIBID and 0.89% over bank base rate.

• The level of borrowing from the Public Works Loan Board (PWLB) (excluding debt relating to services transferred from Essex County Council on 1st April 1998) increased from £241.8m to £246.8m by the end of 2012/13 (Housing Revenue Account: £87.32m, General Fund: £159.5m)."

Note:- This is a Council Function.
Executive Councillor:- Moring.
157 Item called in from The Cabinet minutes of Tuesday, 18th June, 2013.
 
Provisional Capital Outturn Report 2012-13
Scrutiny Comment for item 157
Business for item 157
Resolved:-

That the following recommendations of Cabinet be noted:

"1. That it be noted that the expenditure on the capital programme for 2012/13 totalled £60.972m against a budget of £62.258m, a delivery of 97.9%.

2. That the relevant budget carry forwards and accelerated delivery requests totalling a net £4.196m, as set out in Appendices 1 and 2 of the submitted report, be approved.

3. That the relevant changes to the budget identified since the approved capital programme was set at Council on 28th February 2013, as detailed in Appendix 3 of the submitted report, be approved.

4. That it be noted that the above changes will result in an amended Capital Programme of £117.238m for the period 2013/14 to 2016/17, as detailed in Appendix 4 of the submitted report."

Note:- This is a Council Function.
Executive Councillor:- Holdcroft.
158 Item called in from The Cabinet minutes of Tuesday, 18th June, 2013.
 
The Community Right to Bid and Assets of Community Value
Scrutiny Comment for item 158
Business for item 158
Resolved:-

That the following decision of Cabinet be noted:

"1. That the Community Right to Bid and Assets of Community Value procedure (as set out in section 11 and Appendices 1 and 2 of the submitted report), be approved.

That the following recommendations of Cabinet be noted:

2. That the Head of Finance and Resources be granted delegated power to determine whether assets nominated should be included in the List of Assets of Community Value and paragraph 4 of the Delegation Scheme in Part 3 Section 3 of the Constitution be amended accordingly.

3. That the Corporate Director for Corporate Services be granted delegated power to deal with reviews requested by an owner pursuant to S.92 of the Act and the Regulations and paragraph 4 of the Delegation Scheme in Part 3 Section 3 of the Constitution be amended accordingly."

Note:- The decision in 1 above constitutes an Executive Function. The recommendations in 2 and 3 above constitute a Council Function.
Executive Councillor:- Moring.
159 Item called in from The Cabinet minutes of Tuesday, 18th June, 2013.
 
Minutes of the Meeting of Accommodation Strategy Working Party held on Tuesday, 11th June 2013
Scrutiny Comment for item 159
Business for item 159
Resolved:-

That the position be noted.

Note:- This is an Executive Function.
Executive Councillor:- Moring.
160 In depth scrutiny report - How we plan to meet the growing demand for social rented housing in the current economic climate
Business for item 160
Resolved:-

1. That the report and the recommendations from the in depth scrutiny project attached at Appendix 1 to the Report be agreed.
2. That the Chairman of the Project Team be authorised to agree any final minor/typographical changes to the draft report that may be necessary.
3. That in accordance with Scrutiny Procedure Rule 10 (Part 4 (e) of the Constitution), the Chairman of the Project Team present the final report to a future Cabinet meeting.

Note: This is a Scrutiny Function.
161 Suggested in depth Scrutiny projects - 2013 / 14
Business for item 161
Resolved:

1. That the in-depth scrutiny project for 2013/14 be - Impact of Welfare Changes.
2. To note that the following members have been appointed to the Panel, which will manage the in depth project - Councillor Gilbert (Chair), Councillors Ayling, Burdett, Byford, Evans, Godwin, Habermel, Longley and Robertson.
3. That the Vice Chair of the project will now be Councillor Longley.
4. To note the information attached at Appendix 3 to the Report, the summary of work of the 3 Scrutiny Committees during 2012 / 2013.

Note: This is a Scrutiny Function.
162 Exclusion of the Public.
 Resolved:

That, under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the items of business set out below on the grounds that they involved the likely disclosure of exempt information as defined in Part 1 of Schedule 12A to the Act, and that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
Part II(Confidential)
163 Item called in from The Cabinet minutes of Tuesday, 18th June, 2013.
 
Pier, North End Amusements
  • (Attachment: 25)Report of Corporate Director for Corporate Services
  • (Attachment: 26)Appendix 1
  • (Attachment: 27)Appendix 2
  • (Attachment: 28)Appendix 3
  • (Attachment: 29)Appendix 4
Scrutiny Comment for item 163
Business for item 163
Resolved:

That the following decisions of Cabinet be noted:

"1. That the lease be renewed on the basis of the heads of terms summarised at paragraph 3.5.1 of the submitted report, including giving landlord's consent for the required layout changes to the lobby (to be undertaken at the tenant's expense and subject to the other necessary consents).

2. That the signage be reviewed and at a shared cost, be redesigned and installed with the appropriate consents.

3. That the tenant's view on the negligible impact of the winter Pier Closure, be noted.

4. That any further amendments required to the heads of terms be delegated to the Corporate Director for Corporate Services in consultation with the Executive Councillor for Corporate Services."

Note:- This is an Executive Function.
Executive Councillor:- Moring.
18.30 / 21.00

Attendance Details

Present:
Councillor Woodley (Chairman)
Councillors Burdett (Vice-Chair), Assenheim*, Ayling, Borton, Brown, Byford, Carr*, Dr Caunce*, Collins, Gilbert, Godwin, A J Jones*, Habermel, Longley and I Robertson
*Substitute in accordance with Council Procedure Rule 31.
In attendance:
Councillors Holdcroft, Moring and Salter (Executive Councillors)
Councillors D Norman, McMahon and Terry
R Tinlin, J K Williams, S Holland, F Abbott, J Chesterton, J Ruffle, N Corrigan and D Baker

Scrutiny Comment

ItemComment
155 Called in by Councillors G Longley and P Collins.
Final call on 25/06/2013 at 11:28
Resolved:-

That the following recommendation of Cabinet be noted:

"That the Council's Corporate Plan and Annual Report 2012, as set out in Appendix 1 of the submitted report, be approved and that the Chief Executive, in consultation with the Leader of the Council, be authorised to determine any final changes to the document prior to publication."

Note:- This is a Council Function.
Executive Councillor:- Holdcroft.
156 Called in by Councillors M Stafford and M Assenheim.
Final call on 28/06/2013 at 12:08
Supported by M Terry
Resolved:-

That the following recommendations of Cabinet be noted:

"1. That the Annual Treasury Management Report for 2012/13 and the outturn Prudential Indicators for the period from April 2012 to March 2013, be approved.

2. That it be noted that the financing of capital expenditure of £60.972m has been funded in accordance with the schedule set out in Table 1 of section 4 of the submitted report, with reduced financing required of £1.286m.

3. That it be noted that the Capital Financing and Treasury Management were carried out in accordance with statutory requirements, good practice and in compliance with the CIPFA (The Chartered Institute of Public Finance and Accountancy) Prudential Code during 2012/13.

4. That the following be noted in respect of the return on investment and borrowing:

• The loan and investment portfolios were actively managed to minimise cost and maximise interest earned, whilst maintaining a low level of risk.

• £0.60m of interest was earned during the whole of 2012/13 at an average rate of 0.91%. This is 0.53% over the benchmark of the 7 day LIBID (London Interbank Bid Rate) and 0.41% over the bank base rate.

• An average of £41.9m of investments were managed in-house. These earned £0.26m of interest during the year at an average rate of 0.63%. This is 0.25% over the average 7 day LIBID and 0.13% over the bank base rate.

• An average of £24.3m of investments were managed by fund managers. These earned £0.34m of interest during the year at an average rate of 1.39%. This is 1.01% over the average 7 day LIBID and 0.89% over bank base rate.

• The level of borrowing from the Public Works Loan Board (PWLB) (excluding debt relating to services transferred from Essex County Council on 1st April 1998) increased from £241.8m to £246.8m by the end of 2012/13 (Housing Revenue Account: £87.32m, General Fund: £159.5m)."

Note:- This is a Council Function.
Executive Councillor:- Moring.
157 Called in by Councillors G Longley and P Collins.
Final call on 25/06/2013 at 11:28
Resolved:-

That the following recommendations of Cabinet be noted:

"1. That it be noted that the expenditure on the capital programme for 2012/13 totalled £60.972m against a budget of £62.258m, a delivery of 97.9%.

2. That the relevant budget carry forwards and accelerated delivery requests totalling a net £4.196m, as set out in Appendices 1 and 2 of the submitted report, be approved.

3. That the relevant changes to the budget identified since the approved capital programme was set at Council on 28th February 2013, as detailed in Appendix 3 of the submitted report, be approved.

4. That it be noted that the above changes will result in an amended Capital Programme of £117.238m for the period 2013/14 to 2016/17, as detailed in Appendix 4 of the submitted report."

Note:- This is a Council Function.
Executive Councillor:- Holdcroft.
158 Called in by Councillors G Longley and P Collins.
Final call on 25/06/2013 at 11:28
Resolved:-

That the following decision of Cabinet be noted:

"1. That the Community Right to Bid and Assets of Community Value procedure (as set out in section 11 and Appendices 1 and 2 of the submitted report), be approved.

That the following recommendations of Cabinet be noted:

2. That the Head of Finance and Resources be granted delegated power to determine whether assets nominated should be included in the List of Assets of Community Value and paragraph 4 of the Delegation Scheme in Part 3 Section 3 of the Constitution be amended accordingly.

3. That the Corporate Director for Corporate Services be granted delegated power to deal with reviews requested by an owner pursuant to S.92 of the Act and the Regulations and paragraph 4 of the Delegation Scheme in Part 3 Section 3 of the Constitution be amended accordingly."

Note:- The decision in 1 above constitutes an Executive Function. The recommendations in 2 and 3 above constitute a Council Function.
Executive Councillor:- Moring.
159 Called in by Councillors M Stafford and M Assenheim.
Final call on 28/06/2013 at 12:09
Supported by M Terry
163 Called in by Councillors G Longley and P Collins.
Final call on 25/06/2013 at 11:29
Resolved:

That the following decisions of Cabinet be noted:

"1. That the lease be renewed on the basis of the heads of terms summarised at paragraph 3.5.1 of the submitted report, including giving landlord's consent for the required layout changes to the lobby (to be undertaken at the tenant's expense and subject to the other necessary consents).

2. That the signage be reviewed and at a shared cost, be redesigned and installed with the appropriate consents.

3. That the tenant's view on the negligible impact of the winter Pier Closure, be noted.

4. That any further amendments required to the heads of terms be delegated to the Corporate Director for Corporate Services in consultation with the Executive Councillor for Corporate Services."

Note:- This is an Executive Function.
Executive Councillor:- Moring.

Business

ItemBusiness
152(This is a pre Cabinet Scrutiny item).

The Committee considered a report by the Corporate Director for People by way of pre Cabinet Scrutiny. This presented the draft Southend-on-Sea Borough Council Tenancy Policy 2013 - 18, outlining the proposed approach to flexible tenancies for consideration.

The Committee discussed the report in detail and made detailed comments on the draft policy and proposed approach to flexible tenancies.
153(This is a pre Cabinet Scrutiny item).

The Committee considered a report by the Corporate Director for Corporate Services by way of pre Cabinet Scrutiny. This advised Members of the interim steps taken by the Council to ensure the short term viability of the Dial-a-Ride service following the unexpected withdrawal by the third party contract provider on 31st March 2013 and the options for way forward.
155The Committee considered Minute 36 of Cabinet held on 18th June, 2013 which had been called in to all 3 Scrutiny Committees, together with the report of the Chief Executive & Town Clerk which presented the Council's Corporate Plan and Annual Report for 2013.

Members had received an amended copy of the Plan, highlighting the minor changes which have been made since the Cabinet meeting.
156The Committee considered Minute 38 of Cabinet held on 18th June, 2013 which had been called in to Scrutiny, together with the Report of the Corporate Director for Corporate Services detailing the treasury activity for the period from April 2012 to March 2013, and reviewed the performance against the Prudential Indicators for 2012/13.
157The Committee considered Minute 39 of Cabinet held on 18th June, 2013 which had been called in to Scrutiny, together with the Report of the Corporate Director for Corporate Services outlining the capital programme outturn for 2012/13 and sought approval for the relevant budget carry forwards and accelerated delivery requests. The report also sought approval for in year amendments to the current approved programme.
158The Committee considered Minute 42 of Cabinet held on 18th June, 2013 which had been called in to Scrutiny, together with the Report of the Corporate Director for Corporate Services on the duty placed on local authorities under the Localism Act 2011 ("the Act") and The Assets of Community Value (England) Regulations 2012 ("the Regulations") to administer the Community Right to Bid. A procedure to comply with the Community Right to Bid was before Members for consideration.

In response to a question, the Head of Finance & Resources said that he would provide Members with a copy of the List of Assets of Community Value, once any entries were put on it, although this would always be on the internet.
159The Committee considered Minute 63 of Cabinet held on 18th June, 2013 which had been called in to Scrutiny, which was the Minutes of the Meeting of the Accommodation Strategy Working Party held on 11th June 2013 and the recommendations concerning the Civic Centre Efficiency Project.

The Leader of the Council provided an update to the Committee. He advised that there had been a further meeting of the Working Party just prior to this Scrutiny Committee. The Members of the Working Party now recommended that options 1 and 2 (as set out in Cabinet Minute 63), should not be proceeded with. Instead the Registrars access route and general area, which includes the refurbishment of the Jubilee Room, should be renovated as necessary (i.e. lighting, ventilation, drainage, re wiring, any necessary electrical works) which is a lower cost option.
160The Committee considered a report by the Corporate Director for Corporate Services seeking formal approval to the draft report of the scrutiny project on "How we plan to meet the growing demand for social rented housing in the current economic climate."

This project had been undertaken by the former Community Services & Culture Scrutiny Committee. The Chairman of the Project Team, Councillor David Norman attended the meeting to present the report.
161The Committee report by the Corporate Director for Corporate Services concerning the possible in depth scrutiny projects to be undertaken by the Scrutiny Committee in 2013/14. The report also attached some information about the work carried out by the Scrutiny Committees in the 2012 / 13 Municipal Year.
163The Committee considered Minute 42 of Cabinet held on 18th June, 2013 which had been called in to Scrutiny, together with the Report of the Corporate Director for Corporate Services.

The Executive Councillor for Corporate Services confirmed to the Committee that:
(a) the revised Heads of Terms, consent for changes to the lobby and the revised signage must all be resolved together;
(b) the resolution of the three matters in (a) must be completed within 3 months; and
(c) he agreed that the consultation referred to in Minute 4 below would cover all three matters in (a) and the Leaders of the Labour, Liberal Democrat and Independent groups would also be consulted.

 

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