Agenda and draft minutes

Overview and Scrutiny Committee
Monday, 16th November, 2020 6.00 pm, MOVED

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    Items
    No. Item

    30.

    Apologies pdf icon PDF 4 KB

    To receive any apologies for absence.

    Minutes:

    There were no apologies for absence received.

    31.

    Appointment of Substitute Members pdf icon PDF 4 KB

    To note appointments of Substitute Members.

    Minutes:

    The Democratic Services Manager advised that no notice had been received for the appointment of substitute members.

    32.

    Declarations of Interest pdf icon PDF 143 KB

    To receive any declarations of interest from Members in respect of business to be transacted on the agenda.

    Minutes:

    Councillor S C Manion declared a Disclosable Pecuniary Interest in Minute No. 40 (Private Sector Housing Enforcement Policy 2020) by reason of his being a private landlord and indicated that he would withdraw from the meeting for the consideration of that item of business.

     

    Councillor J Rose declared a Disclosable Pecuniary Interest in Minute No. 40 (Private Sector Housing Enforcement Policy 2020) by reason of his being a private landlord and indicated that he would withdraw from the meeting for the consideration of that item of business.

     

    Councillor R S Walkden declared a Disclosable Pecuniary Interest in Minute No. 40 (Private Sector Housing Enforcement Policy 2020) by reason of his being a private landlord and indicated that he would withdraw from the meeting for the consideration of that item of business.

    33.

    Minutes pdf icon PDF 147 KB

    To confirm the attached Minutes of the meeting of the Committee held on 12 October 2020.

    Minutes:

    The Minutes of the meeting held on 12 October 2020 were approved as a correct record and signed by the Chairman.

    34.

    Decisions of the Cabinet Relating to Recommendations from the Overview and Scrutiny Committee pdf icon PDF 4 KB

    To receive the Cabinet decisions in respect of recommendations of the Overview and Scrutiny Committee.

    Minutes:

    The decisions of the Cabinet relating to recommendations made by the Overview and Scrutiny Committee at its meeting held on 9 November 2020 were noted.

     

    The Democratic Services Manager informed Members that the decision relating to the Provision of New Museum Store contained an additional recommendation not set out in the report.

    35.

    Issues referred to the Committee by Council, Cabinet, or another Committee pdf icon PDF 4 KB

    There are no items for consideration.

    Minutes:

    The Democratic Services Manager advised that there were no issues referred to the Committee by Council, Cabinet or another Committee.

    36.

    Notice of Forthcoming Key Decisions pdf icon PDF 136 KB

    It is intended that Members should use the Notice of Forthcoming Key Decisions to identify topics within the remit of the Committee for future scrutiny.

    Minutes:

    The Democratic Services Manager presented the Notice of Forthcoming Key Decisions to the Committee for its consideration.

     

    The Committee discussed the unallocated items and the consensus of opinion was not to include item no. 20 (Approval of ICT Infrastructure Project) in the work programme.

     

    There being no dissent indicated, it was agreed that the Notice of Forthcoming Key Decisions be noted subject to the exclusion of the Approval of the ICT Infrastructure Project for the work programme.

     

    37.

    Scrutiny Work Programme pdf icon PDF 243 KB

    It is intended that the Committee monitor and prioritise its rolling work programme.

    Minutes:

    The Democratic Services Manager presented the Overview and Scrutiny Work Programme to the Committee for its consideration.

     

    The Chairman invited Members to submit questions via the Democratic Services Manager in respect of the Local Plan by 8 December 2020 in preparation for the scrutiny of the subject at the meeting of the Overview and Scrutiny Committee to be held on 14 December 2020.

     

    There being no dissent indicated, the Work Programme was taken as noted.

    38.

    Public Speaking pdf icon PDF 5 KB

    Please note that in accordance with the agreed Protocol for Public Speaking at Overview and Scrutiny (as amended by the remote meetings rules), the right to speak only applies to agenda items 10 - 13.

     

    Members of the public wishing to speak must register to do so by no later than 2.00 pm on the second working day (Thursday) before the meeting.

     

    For remote meetings, public speaking for those successful in registering to speak will take the form of written statements of up to 500 words that will be read out at the meeting.

    Minutes:

    The Democratic Services Manager advised that no members of the public had registered to speak on items on the agenda to which the public speaking protocol applied.

    39.

    PERFORMANCE REPORT – QUARTER 2, 2020/21 pdf icon PDF 344 KB

    To consider the attached report of the Head of Leadership Support.

    Additional documents:

    Minutes:

    The Head of Leadership Support presented the Performance Report Quarter 2, 2020/21. There were 21 Green Status Performance Indicators (68%), 5 Amber (16%) and 5 Red (16%) for Quarter 2, 2020/21.

     

    The Chairman informed Members that a review of the targets and indicators would be produced in spring 2021 for the Performance Report 2021/22.

     

    East Kent Services and DDC Digital

     

    Members welcomed the Interim Head of Shared Services who had accepted an invitation from the Chairman to attend the meeting following concerns raised by Members at a previous meeting.

     

    In respect of performance indicator EKS02d.1 (Percentage of incidents resolved within 1 working day), assurances were provided to Members that this did not mean that any incidents unresolved within one working day meant that officers were unable to work as the indicator covered a range of issues and the impact of an issue was given consideration in its prioritisation.

     

    The Strategic Director (Corporate Resources) reminded Members that the target had been set at the time East Kent Services had been formed. The current performance of 62% was above the 60% target set for the performance indicator.

     

    Councillor M Rose reminded that time was needed to imbed new digital services.

     

    Civica

     

    Members welcomed the Partnership Director (Civica) who had accepted an invitation from the Chairman to attend the meeting following concerns raised by Members at a previous meeting.

     

    In response to a question from Councillor T A Bond, it was stated that in respect of KPI06-D (Average call wait time in seconds) that performance was ahead of target of 233 seconds with a cumulative performance figure of 113 seconds as at quarter 2. Members discussed whether the performance figure would be better presented in minutes and seconds as opposed to seconds only.

     

    In respect of council tax and business rate collection levels, the Strategic Director (Corporate Resources) reminded Members that these figures included the business rate holiday for retail and the impact of the council rate reduction scheme. However, there still remained a number of challenges arising from the impacts of Covid-19.

     

    EK Housing

     

    Councillor C D Zosseder advised Members that due to concerns over the accuracy of the figures in this section, as explained later in the agenda, she did not intend to consider these figures.

     

    Corporate Resources

     

    Members discussed the budgetary challenges arising from the impact of the first national lockdown and on-going issues related to Covid-19. There remained uncertainty over the extent of government support in respect of costs incurred/income lost due to Covid-19.

     

    The increased funding provision for Tides Leisure Centre was for reactive activity to support essential works and maintain service provision.

     

    In response to questions from members the Strategic Director (Corporate Resources) advised that he would provide written responses in respect of the following:

     

    ·         For confirmation that there were no children in bed and breakfast accommodation (HOU012)

    ·         Why there had been no fines issued in respect of dog fouling (ENH015)

    ·         The low level of prosecutions for envirocrime (ENH016)

     

    Operations and Commercial

     

    The council had seen  ...  view the full minutes text for item 39.

    40.

    PRIVATE SECTOR HOUSING ENFORCEMENT POLICY 2020 pdf icon PDF 209 KB

    To consider the attached report of the Head of Regulatory Services.

    Additional documents:

    Minutes:

    The Private Sector Housing Manager presented the report on the Private Sector Housing Enforcement Policy 2020.

     

    Members were advised that in September 2017 the Cabinet approved the current policy. It required updating to reflect changes arising from amendments made in 2019 to The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015. These amendments came into effect on 1 April 2020.

     

    The amended Regulations established a minimum standard of energy efficiency for privately rented property and made Local Authorities responsible for enforcing the minimum level of energy provision. It was an offence to let a property with an EPC score of F and G unless the landlord has registered an exemption on the national exemption register and created an offence relating to the provision of false or misleading information on the register. The revised policy provided details of how the penalty charge would be calculated in respect of offences.

     

    Members discussed the register for rogue landlords and the potential for the use of banning orders.

     

    RESOLVED: That it be recommended to Cabinet that CAB42 be endorsed as follows:

     

    (a)  That the revised Private Sector Housing Enforcement Policy 2020 be adopted.

     

    (b)  That the Head of Regulatory Services, in consultation with the Portfolio Holder for Planning and Regulatory Services and the Head of Governance, be authorized to approve any future minor amendments to the policy.

     

    (Councillor S C Manion declared a Disclosable Pecuniary Interest in Minute No. 40 (Private Sector Housing Enforcement Policy 2020) by reason of his being a private landlord and withdrew from the meeting for the consideration of this item of business.)

     

    (Councillor J Rose declared a Disclosable Pecuniary Interest in Minute No. 40 (Private Sector Housing Enforcement Policy 2020) by reason of his being a private landlord and withdrew from the meeting for the consideration of this item of business.)

     

    (Councillor R S Walkden declared a Disclosable Pecuniary Interest in Minute No. 40 (Private Sector Housing Enforcement Policy 2020) by reason of his being a private landlord and withdrew from the meeting for the consideration of this item of business.)

     

    41.

    INFRASTRUCTURE FUNDING STATEMENT 2019/2020 pdf icon PDF 553 KB

    To consider the attached report of the Head of Planning, Regeneration and Development.

    Additional documents:

    Minutes:

    The Head of Planning, Regeneration and Development presented the report on the Infrastructure Funding Statement 2019/20.

     

    Members were advised that amendments to the Community Infrastructure Levy Regulations 2010 meant that from 2019/20 onwards, any local authority that had received developer contributions (either through section 106 planning obligations or the Community Infrastructure Levy) was required to publish online an Infrastructure Funding Statement by 31 December each year. In particular, this concerned the Section 106 contributions collected under the Town and Country Planning Act 1990.

     

    The arrangements governing the use of S106 contributions and how they were prioritised was raised and the Head of Planning, Regeneration and Development informed Members that there was no single document that officers relied upon determining priorities, although it was noted that the draft Local Plan contained an Infrastructure Delivery Plan. Members were reminded that in allocating S106 contributions, need must arise directly from the development.

    RESOLVED:       That it be recommended to Cabinet that decision CAB43 be endorsed and that the format and content of the first Annual Infrastructure Funding Statement 2019/20 at Appendix 1 and supporting spreadsheets at Appendix 2 be approved and that it be published by no later than 31 December 2020.

     

    42.

    Housing Stock Compliance pdf icon PDF 349 KB

    To consider the attached report of the Strategic Director (Operations and Commercial).

    Minutes:

    The Head of Assets and Building Control presented the report on Housing Stock Compliance.

     

    Members were advised that following the transfer of housing functions to Dover District Council from East Kent Housing (EKH) on 1 October 2020, officers had the opportunity to examine EKH compliance data in detail. As a result of this it was confirmed that there were a considerable number of inaccuracies and that the performance figures were based on the misinterpretation of base data. As accurate data was the prerequisite for compliance performance information it was a priority to get control of the data as soon as possible and while the work would take several months to complete it was anticipated that it would be possible to accurately report data for some of the workstreams by the end of October. The reporting measures would be consistent with those contained in the Voluntary Undertaking to the Social Housing Regulator and in the longer term would be incorporated into the Corporate Performance report. The Council’s Strategic Asset Management (SAM) system was the base for ensuring compliance with accurate data.

     

    Members recognised the scale of work to be undertaken by officers to achieve accurate data and expressed support for their actions.

     

    The Chairman thanked the Head of Assets and Building Control for the update and the work being undertaken.

     

    43.

    Exclusion of the Press and Public pdf icon PDF 105 KB

    The recommendation is attached.

     

    MATTERS WHICH THE MANAGEMENT TEAM SUGGESTS SHOULD BE CONSIDERED IN PRIVATE AS THE REPORT CONTAINS EXEMPT INFORMATION AS DEFINED WITHIN PART 1 OF SCHEDULE 12A OF THE LOCAL GOVERNMENT ACT 1972 AS INDICATED AND IN RESPECT OF WHICH THE PROPER OFFICER CONSIDERS THAT THE PUBLIC INTEREST IN MAINTAINING THE EXEMPTION OUTWEIGHS THE PUBLIC INTEREST IN DISCLOSING THE INFORMATION

    Minutes:

    It was moved by Councillor C D Zosseder, duly seconded by Councillor T A Bond and

     

    RESOLVED:   That, under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the remainder of the business on the grounds that the items to be considered involved the likely disclosure of exempt information as defined in paragraph 3 of Part I of Schedule 12A of the Act.

    44.

    Provision of New Museum Store

    To consider the attached report of the Strategic Director (Operations and Commercial).

    Additional documents:

    Minutes:

    The Head of Assets and Building Control and the Head of Museums and Culture presented the report on the Provision of New Museum Store. The Portfolio Holder for Environment and Corporate Assets, Councillor O C de R Richardson was present at the invitation of the Chairman.

     

    Members considered the report and the additional decision (CAB48(b)) made by Cabinet at its meeting on 9 November 2020 in respect of the report.

     

    It was moved by Councillor S H Beer, and duly seconded by Councillor H M Williams

     

    (a)  That Cabinet Decisions CAB48(a) and (c) be endorsed.

     

    (b)  That Cabinet Decision CAB48(b) be deleted and replaced as followed:

     

    “That a new report with a draft collections policy and strategy be brought to Cabinet by the end of 2021.”

     

    On being put to the meeting the motion was LOST.  

     

    It was moved by Councillor T A Bond, duly seconded by Councillor M Rose, and

     

    RESOLVED: That Cabinet Decision CAB48(a – c) be endorsed as followed:

     

    (a)  That the relocation of the museum collections currently stored in the Maison Dieu and Western Road depots respectively to Unit 8 and the ground floor of Unit 10 Whitfield Court, and to sanction the construction works necessary to house the collections in a suitable environment be approved.

     

    (b)  To continue and to complete the cataloguing of the whole collection for completion in Spring 2021 (for the items currently stored at Western Road, and where specific cataloguing cannot be undertaken (i.e. the archeology), produce an inventory which quantifies the volumes and size). Also prepare and present, at the same time, a new Collections Policy that identified and quantified the collection, to mitigate the risk of moving everything to the new store at Whitfield, and produce an inventory which quantified the volumes and size, and draw up a list of items which under a new collections policy can either be offered to alternative collections or disposed of.

     

    (c)   That the Strategic Director (Operations and Commercial), in consultation with the Portfolio Holder for Environment and Corporate Property, be delegated authority to take all operational decisions, including the award of contract, and any decisions necessary to complete building work and relocate existing stores.

     

     

    (During the course of the consideration of Minute No. 44 (Provision of New Museum Store) when the issue of the loan of the museum collection to other museums was discussed, Councillor S C Manion declared an interest by reason of his being a Trustee of the Mining Museum which held part of the museum collection on loan and withdrew from the meeting for the remainder of the item of business.)

     

     

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