Meeting documents

Overview and Scrutiny Committee
Thursday, 7th August, 2008

held at Ryedale House, Malton on Thursday, 7 August 2008
 
Present

Councillors Mrs Shields (in the Chair), Andrews, Clark, Cussons,Hawkins and Raper.

In Attendance

J Barnett, P Cresswell, Miss C Gaynor, P Hancock and P Long

Audit Commission Representative: Mr A Lince.
 
Minutes
162. Apologies for Absence
 
Apologies for absence were received from Councillors MsWarriner, Mrs Wilford and Windress.
 
 
163. Minutes
 
The minutes of special meetings of the Overview & ScrutinyCommittee held on 19 June 2008 and 24 June 2008 and an ordinary meeting ofthe Committee held on 3 July 2008 (previously circulated) weresubmitted.
 
Resolved
 
That the minutes of the special meetingsof the Overview & Scrutiny Committee held on 19 and 24 June2008 and an ordinary meeting of the Committee held on 3 July 2008be approved and signed by the Chairman as a correct record.
 
 
164. Urgent Business
 
The Chairman reported that there was one item to be dealt withat the meeting as a matter or urgency by virtue of Section100(B)(4)(b).
 
 
165. Declarations of Interest
 
No declarations of interest were received.
 
 
166. Matters Referred for Decision in Relation toCall-in
 
There were no items to report.
 
 
167. Responses from Full Council, Policy &Resources Committee and Community Services & LicensingCommittee to Reports of Overview & ScrutinyCommittee
 
There were no matters to report.
 
 
168. Annual Audit and Inspection Plan
Appendix 1. (PDF, 121k) 
 
The Chairman welcomed Mr Alister Lince from the AuditCommission to the meeting.
 
The Plan, which had been drawn up from the risk-based approachto audit planning and the requirements to moving towardsComprehensive Area Assessment (CAA), reflected:
  • Audit and inspection work specified by the Audit Commission for2008/2009
  • The Council’s local risks and improvement priorities
  • Current national risks relevant to local circumstances
The report also set out the auditors’ responsibilities andgave details of the fee structure.  The total fee estimate forthe audit and inspection work planned for 2008/09 was£85,330.  This was compared with a total audit and inspectionfee of £74,525 for 2007/08
 
It was also noted that the Audit Commission required itsauditors to inform a Council of specific action it could take toreduce its audit and inspection fees.  The Council had a goodrecord for producing working papers and enabling a co-operativeapproach to the audit.  The fee for the audit assumed acontinuation of these good practices, it was reported that the feewas below guideline levels.
 
Resolved
 
That the report be noted.
 
 
169. Consideration of Appointment of Member andOfficer Risk Management Champions
Appendix 2. (PDF, 26k) 
 
The Group Auditor submitted a report (previously circulated)which required Members to consider the appointment of an OfficerRisk Champion and to nominate a Member Risk Champion.
 
The Group Auditor reported that Risk Management was a key areawithin all Local Authorities.  Traditionally it had been shownto be an area on which District Councils in particularstruggled.  This Council needed to build on the base of workalready completed.  The appointment of Champions could helpwith that process.
 
Further reports would be brought back to this Committee as theresponsible Committee for monitoring action on risks and evaluatingrisks within the Council.
 
The Group Auditor suggested that the Corporate Director (s151)would be the most appropriate candidate for the Officer RiskChampion having previously acted as one at another authority andhad experience in risk management.  The appointment as OfficerRisk Champion would provide the right level of leadership in thisarea.
 
Following a request for a nominee Members were of the opinionthat Councillor Clark would be the appropriate candidate for theMembers Risk Champion.  Councillor Clark agreed to undertakethe role but wished to review this after a year if notbefore.  The overall purpose of the role being to promote,encourage, challenge and drive improvement to the Council’s riskmanagement processes working closely with Member colleagues andofficers and supporting the Officer Risk Champion in meeting hismanagement responsibilities.
 
Resolved
 
(a) That the Corporate Director (s151) beappointed as the Officer Risk Champion.
 
(b) That Councillor Clark be appointed asthe Member Risk Champion.
 
 
170. Waste Management Scrutiny Review
Appendix 3. (PDF, 20k) 
 
The Performance Manager submitted a report (previouslycirculated) the purpose of which was to update Members on theprogress on the Waste Management Scrutiny Review.
 
The Performance Manager reminded Members that at the lastmeeting of the Committee it was agreed to consider a programme ofbriefing papers/presentations/other information on topics ofinterest to Members and these were prioritised as follows:
 
a) Packaging – the regulations inplace and how local companies were dealing with these;
b) The likely future impact of thelandfill allowance trading scheme on the Council and its financesand ultimately the impact for the Council Tax payer.
c) The opportunities for wasteminimisation – Ryedale continued to see a year on year increase inthe level of household waste collected - what can be done toreverse this trend so that overall levels of domestic wastereduced;
d) The state of the market forrecycled material and its implications for the Council and itscosts;
e) The results of the plastics andcardboard recycling trials - the Committee was to consider whatrecommendations to make;
f)  What was the likely futurefor the disposal of waste and what implications might this have forresidents and the Council;
g) How trade waste was dealt withparticular regard to re-use and recycling, including the results ofthe recycling trial in Malton and Norton.
h) The potential for joint wasteauthorities and the costs and benefits this may bring.
 
The Committee had previously considered papers for the firsttwo areas.  Members had requested that the briefing paper onTrade Waste be prioritised which was in preparation.  In orderto consider this briefing paper, reflect on progress with thereview and consider the draft conclusions and recommendations toaccompany the final report on the review, it was suggested that theCommittee met again on Thursday 14 August 2008.  This wouldinclude reviewing the recent work that had been completedincluding:
  • The visit to North Kesteven District Council on the 11 July2008
  • The views of the Waste Management Champion, CouncillorCottam
The Committee was continuing the review before moving toconsider the recommendations and the final report to beagreed.
 
Resolved
 
That the report be noted.
 
 
171. Scoping of Car Park Review
Appendix 4. (PDF, 25k) 
 
The Corporate Director (S151) submitted a report (previouslycirculated) the purpose of which was for Members to consider theOverview & Scrutiny Committee undertaking a review of carparking as part of its work programme.
 
Following a major review, Community Services & LicensingCommittee approved the Car Parking Strategy on 26 January2006.  Full Council had subsequently approved the Car ParkingStrategy on 16 February 2006.
 
The Strategy had concluded that:
  • Prices had little effect on demand ‘per se’ being just oneelement of the retail mix
  • Residents were attracted to the towns for the specific shops orbecause of the town’s proximity to the customer
  • The three main factors that affected demand were:
- The relative strength of theattraction offered
- The amount of available space topark
- The close proximity ofparking
 
At a meeting of Policy & Resources Committee held on 2February 2006 a reduced price parking trial was proposed inWentworth Street car park to establish the potential of a very lowtariff to attract demand and this was referred back to CommunityServices & Licensing Committee for consideration.
 
At Community Services & Licensing Committee in April 2006the concept was approved and a trial of reduced price parking(£1.50 for all day parking) was introduced on Wentworth Street carpark from July 2006 to 17 July 2007.  The purpose of the trialwas to establish the potential of a very low tariff to attractdemand.
 
Following Full Council on 12 July 2007, it was further agreedthat the trial be extended for two months to 17 September 2007with businesses in Malton being consulted as part pf the 14 monthevaluation process to see of they had benefited from reduced rateparking.
 
A report on the Wentworth Street trial was considered by theCommunity Services & Licensing Committee at its meeting held on31 January 2008.  Following the decision of the Committee,Councillor Andrews subsequently requested that the report bereviewed by the Overview & Scrutiny Committee together with allreports referred to therein.
 
The report outlined a possible scope for a car parkingreview.
 
The Corporate Director (s151) reported that the issuesrelating to the car parking were wide in their range.  Thetime available to the Committee to undertake this review waslimited and the review needed to be very focussed if it was toreport on time to influence the 2009/10 Budget Process.
 
Councillor Andrews referred to the document that had beencirculated at the meeting at his request, relating to WentworthStreet Car Parking.  He drew Members’ attention to theLockwood Survey which was carried out in 2002.  CouncillorAndrews was of the opinion that there were details within theSurvey that would be beneficial to the review and requested thatthey be implemented into the review.
 
Resolved
 
(a) That Members consider a review of carparking as part of the Committee's work plan
 
(b) That the scope of the review be:
 
The review of the Wentworth Street carparking trial be that the decision of the Community Services &Licensing Committee of the 31 January 2008 be examined with focuson:
 
- The report on fees and charges presentedto the meeting of the Community Services & Licensing Committeeheld on 29 November 2007.
- The results of consultation withbusinesses in Malton
- Ticket sales analysis for the trialperiod, highlighting the reduction in demand over the trial perioddespite the low tariff charge of £1.50 for all day parking
- The total car parking offer close toMalton Town Centre, including free parking and permit use
- The Yorkshire Forward Renaissance MarketTowns Programme, Car Parking Research document
- The representations of The Car Park FeesAction Group
- The Car Parking Strategy Documentapproved by the Community Services & Licensing Committee in2006
- The Lockwood Survey 2002
 
(c) The outcome of the review be reportedto the Community Services & Licensing Committee when it met on27 November 2008.
 
 
172. Overview & Scrutiny Committee Work Plan2008/09
Appendix 5. (PDF, 12k) 
 
The Performance Manager submitted a report (previouslycirculated) which detailed the Work Plan 2008/09 for the Overview& Scrutiny Committee.
 
Councillor Clark referred to the scrutiny ‘Scoping ofAffordable Housing Review’ and requested that this be broughtforward from 11 December 2008 to 9 October 2008.
 
Resolved
 
That the report be noted.
 
 
173. Customer Complaints Monitoring
Appendix 6. (PDF, 14k), Annex A. (PDF, 9k) and Annex B. (PDF, 25k) 
 
The Personal Assistant to the Chief Executive submitted areport (previously circulated) the purpose of which was to informMembers of the number and type of complaints received under theCouncil’s complaints procedure for the period April – June2008.
 
The report included complaints monitored under individualservice complaints systems and a summary of customer feedback toCommunity Leisure Ltd (CLL) for the period April to June 2008together with action taken where appropriate.
 
Resolved
 
That the report be noted.
 
 
174. Report on Local Government OmbudsmanInvestigation Results for 2007/08
Appendix 7*
 
The Performance Manager submitted a report (previouslycirculated), which detailed the Annual Letter 2007/08 received fromthe Local Government Ombudsman.
 
The letter provided a summary of the complaints received aboutRyedale District Council and comments on the authority’sperformance and complaint-handling arrangements.
 
During 2007/08, only two complaints against the Council werereceived.
 
Resolved
 
That the report be noted.
 
 
175. Review Performance Reports to June 2008 made toCommunity Services & Licensing and Policy & ResourcesCommittees
Appendix 8A. (PDF, 953k) and Appendix 8B. (PDF, 728k)
 
A report was submitted for information (previously circulated)in connection with the above.
 
The Corporate Director (s151) reported that the format of thereport was to be reviewed and would need to reflect nationalperformance indicators. Members were requested to note thereport.
 
Resolved
 
That the report be noted.
 
 
176. Decisions from Other Committees
 
Lists of decisions from the following Committees weresubmitted:
  • Community Services & Licensing Committee – 24 July 2008Appendix9. (PDF, 15k).
  • Policy & Resources Committee – 31 July 2008 Appendix10. (PDF, 9k)
Councillor Clark referred to the Community Services &Licensing Committee decisions in particular that relating to theSingle Homelessness Strategy for North Yorkshire and Local ActionPlan Councillor Clark expressed the opinion that the item had notbeen fully considered by the Committee and referred to page 33 ofthe Homelessness Strategy and the reference to the Audit CommissionReview and the targets for affordable housing delivery. In additionCouncillor Clark expressed concern that there had not been a reporton the matter from the Council’s representative on the NorthYorkshire Strategic Housing Board. Councillor Clark was of theopinion that the decision should be called in by the Overview &Scrutiny Committee. It was agreed that a Special meeting of theOverview & Scrutiny Committee be arranged to consider thematter.
 
Resolved
 
(a) That the list of decisions of thePolicy & Resources Committee on the 31 July 2008 bereceived.
 
(b) That the list of decisions of theCommunity Services & Licensing Committee held on 24 July 2008be received with the exception of the decision relating to theSingle Homelessness Strategy for North Yorkshire and Local ActionPlan.
 
(c) That a Special meeting of the Overview& Scrutiny Committee be arranged to consider the call-in of thedecision relating to the Single Homelessness Strategy for NorthYorkshire and Local Action Plan.
 
 
177. Urgent Business
 
The following item was to be considered as a matter of urgencyby virtue of Section 100B of the Local Government Act 1972.
 
 
178. Overview & Scrutiny Observers
 
The Performance Manager circulated a report which outlinedpotential observers for Community Services & Licensing andPolicy & Resources Committees for the remainder of theMunicipal year 2008/09.  The Chairman requested that Membersreport to the Performance Manager if they are unable to attend inorder for a substitute Member to be arranged.
 
Councillor Clark reminded Members that it was previouslyagreed at a Full Council meeting that all observers be noted on theminutes of the relevant Committee and requested that Officersensured that this was followed through.
 
 
*This report is unavailable electronically.  If yourequire a hard copy, please contact the Members Services Sectionvia email or telephone 01653600666 extension 343. We apologise for any inconveniencecaused.
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