Agenda item no._______4_______ OVERVIEW AND SCRUTINY Minutes of a meeting of the Overview and Scrutiny Committee held on 19 June 2013 in the Council Chamber, Council Offices, Holt Road, Cromer at 9.30 am. Members Present: Committee: Mr N Smith (Chairman) Ms V Gay Mrs A Green Mr B Jarvis Mrs B McGoun Mr P W Moore Mr R Reynolds Mr R Shepherd Mr P Terrington Mr G Williams Mrs V Uprichard Officers in Attendance: The Chief Executive, the Corporate Director (SB), the Head of Finance, the Technical Accountant, the Policy & Performance Management Officer and the Scrutiny Officer. Members in Attendance: Mrs L Brettle, Mr N Dixon, Mr T FitzPatrick, Mrs A Moore, Mr W Northam, Miss B Palmer and Mr D Young Democratic Services Team Leader (ED) 16. APOLOGIES FOR ABSENCE Mrs A Claussen-Reynolds, Mr J H Perry-Warnes and Mr E Seward. 17. SUBSTITUTES Mr G Williams for Mrs A Claussen-Reynolds and Mrs V Uprichard for Mr E Seward 18. PUBLIC QUESTIONS None received. 19. MINUTES The minutes of the meeting of the Committee held on 21 May 2013 were approved as a correct record and signed by the Chairman. 20. ITEMS OF URGENT BUSINESS None received. 21. DECLARATIONS OF INTEREST None received. Overview and Scrutiny Committee 1 19 June 2013 22. PETITIONS FROM MEMBERS OF THE PUBLIC None received. 23. CONSIDERATION OF ANY MATTER REFERRED TO THE COMMITTEE BY A MEMBER None received. 24. RESPONSES OF THE COUNCIL OR THE CABINET TO THE COMMITTEE’S REPORTS OR RECOMMENDATIONS None received. 25. THE CABINET WORK PROGRAMME RESOLVED That the report be noted. 26. 2012/13 OUTTURN REPORT Mr W Northam, Portfolio Holder for Finance, presented this item. He explained that the report presented the outturn position for the revenue account and capital programme for the 2012/13 financial year. It showed an underspend of £185,662 which was being recommended for transfer to the Invest to Save earmarked reserve. Mr Northam said that the outturn position reflected prudent financial planning and management. The Chairman invited Members to ask questions: 1. Mr P W Moore queried why the reserves were much higher than they had been in previous years. The Head of Finance referred to the Budget report that went to the Committee in February 2013. She said that the reserves were increased to £1.6m to enable the Council to respond to significant changes and risks – such as the council tax support scheme. The decision to include the New Homes Bonus (NHB) within the base budget improved the Council’s financial position but there was a risk that the NHB could be withdrawn by the Government in the future as it was essentially a grant. Consequently it was recommended that that minimum balance for the general reserve should be reviewed. Mr Moore replied that he was concerned that the Council seemed to be putting money aside just in case central government did not continue with certain funding streams. He said that it might be beneficial for the Council to put pressure on local MPs to challenge any potential changes. 2. Ms V Gay commented on the large underspend within the Community, Economic Development and Coast service and said that she was concerned that projects that had been approved by members had not come to fruition. Mr Northam replied said that in this case the resources were not available to take action and so the budget was rolled forward. The Head of Finance added this service area included coast protection and the Pathfinder scheme and these projects had been delayed due to bad weather. It also included the Big Society Fund money which had been transferred to a reserve. In response to a further question as to whether the delayed coastal projects would be completed during the next financial year instead, the Head of Finance confirmed that they would. 3. Mrs A Green, local Member for Great Ryburgh, said that she had received many letters from residents asking for details of the cost of the appeal against the Judicial Overview and Scrutiny Committee 2 19 June 2013 Review decision. The Leader, Mr T FitzPatrick replied that the Corporate Director (SB) had sent a letter to all members providing details and that any future correspondence on this matter would be dealt with by him. 4. Mr D Young sought clarification on the purpose of the Invest to Save reserve. The Head of Finance explained that it was for specific projects that were aimed at improving efficiency and that required a one-off investment upfront, such as the work of the Business Transformation Board which was looking at future IT projects. Mr Young then queried why the £35,000 reserve for carbon reduction had been withdrawn. The Head of Finance said that this work had now been completed and it was no longer necessary to have a reserve in place. In response to Mr Young’s final question regarding the assumption of the cost for council tax support in future years, the Head of Finance said that a decision had yet to be taken regarding the costs of this scheme for 2014/15 but the amount in the Budget had been based on the previous year. Mr Northam added that the Council Tax Support Working Party would be meeting shortly to consider next years scheme, however, the Government had made it clear that there would be no additional money available. 5. Mrs B McGoun asked why there was no projection given for carbon management yet there were for other areas. The Head of Finance explained that this because it was a reserve and the figures showed the movement during 2013/14. The Budget showed the re-allocation to the general reserve as the carbon management reserve was no longer needed for the reasons outlined previously. In response to a further question regarding the definition of ‘other sports’ and what this included, the Head of Finance said that she believed that it included smaller areas such as the mobile gym but she would confirm this following the meeting. 6. Mr P Terrington said that it was very important that reserves were brought forward to invest in new housing. He referred to specific schemes in his ward and asked that urgent consideration was given to such investment. Mr Moore agreed with him and said that the housing market was very important to the local economy. Mr Northam acknowledged his concerns and said the Council was fully supportive of the building of new homes in the District but that they were reliant on developers to some extent. The Scrutiny Officer added that a report on affordable housing would be coming to the Committee in July and requested that Members should notify her if there were any specific issues on this area that they would like to see covered. Mr T FitzPatrick informed members that himself and the Chief Executive had recently met with the Victory Housing Trust and exceptions housing was one of the areas they were particularly keen to bring forward. He added that they were aware of the issues and they were talking to developers to see if they could progress schemes more quickly. Mr R Reynolds said that it was not just housing associations – all house building should be encouraged. It was proposed by Mr R Reynolds, seconded by Mr P Terrington and RESOLVED to support the following recommendations made by Cabinet: a) The final accounts position for the general fund revenue account for 2012/13; b) The transfers to and from reserves as detailed within the report (and appendix C) along with the corresponding updates to the 2013/14 budget; c) The transfer of the surplus of £185,662 to the Restructuring and Invest to Save Reserve; d) The financing of the 2012/13 capital programme as detailed within the report and at Appendix D; e) The balance on the general reserve of £1,745,452 at 31 March 2013; Overview and Scrutiny Committee 3 19 June 2013 f) The updated capital programme for 2013/14 to 2014/15 and the associated financing of the schemes as outlined within the report and detailed at Appendix E. Ms V Gay, Mrs B McGoun an, Mr P Moore abstained. 27. TREASURY MANAGEMENT ANNUAL REPORT 2012-13 The Portfolio Holder for Financial Services, Mr W Northam, introduced this item. He said the report had been prepared to ensure that the Council complied with the CIPFA Treasury Management and Prudential Codes. He drew Members attention to the decline in interest rates which had resulted in a much lower investment income - £206,481 compared to over £1m three years ago. Mr Northam explained that the Council had joined the LAMIT scheme in March 2013 and it was hoped that a return of 5% would be achieved. He concluded by saying that the Council continued to take a cautious approach with its investments and thanked the Technical Accountant and his team for their hard work The Chairman invited Members to ask questions: 1. Mr P W Moore said that having been the previous Portfolio Holder for Financial Services, he fully supported the report and its recommendations. 2. Mrs B McGoun commented that the recent situation regarding the Cooperative Bank showed that there was a risk to having a high level of reserves and that it might be more beneficial to spend the money on local projects and schemes. 3. Mr D Young said that it might be useful to include a footnote in future Treasury Management reports highlighting that LAMIT had a permanent life. He then queried why it had taken so long to invest in LAMIT and whether the Council had to combine its £5m investment with other funds. He also said that he felt that the LAMIT fund was so il-liquid that it could compromise investments elsewhere. The Technical Accountant confirmed that the LAMIT Fund Manager had waited for all the other authorities who were investing to be ready and this was why there had been a delay. He said the Council had joined the fund at a very good price and there had been no need for the fund to sell any properties. He concluded by saying that the Council could apply to withdraw its money at the end of each month but this would be at the Fund Manager’s discretion. 4. Mr R Reynolds commented that the fact that the Council had no long-term debt should be recognised and commended as it had put them in a strong position. 5. Mrs B McGoun asked what the penalty would be if the Council pulled out of the LAMIT fund. The Technical Accountant said that there was no penalty but it would depend on the value of the fund at the time of the withdrawal. In response to a question from Mr D Young as to whether the Council could pull out of LAMIT without the other investors, the Technical Accountant confirmed this was the case. The Scrutiny Officer asked the Committee whether they wished to continue to receive the Treasury Management reports. There had been previous discussions that they should go to the Audit Committee instead. She pointed out that responsibility for scrutinising treasury management was currently within the Committee’s terms of reference and ensured that a robust process was in place. Members agreed that the committee should continue to receive the reports in future. It was proposed by Mr P W Moore, seconded by Mr P Terrington and RESOLVED To recommend to Council: Overview and Scrutiny Committee 4 19 June 2013 That the Treasury Management Annual Report and Prudential Indicators for 2012/13 be approved. 28. DEBT RECOVERY 2012-13 Mr W Northam, Portfolio Holder for Financial Services introduced this item. He said that the target for debt recovery was very high given the economic downturn and he praised staff for achieving 97.9% - particularly as there had been problems within the service due to software issues. He said that the Council never stopped trying to recover money owed to them and the staff should be commended for their excellent work. Members were invited to ask questions: 1. Mrs B McGoun referred to the 26 debtors mentioned within the report and asked whether they recurring debtors. Mr Northam replied that they were usually slow payers – particularly where business rates were concerned and confirmed that some of them were recurring debtors. 2. Mr P W Moore acknowledged the problems that the staff faced and said that that they all worked hard in very challenging circumstances. 3. Ms V Gay said that it was important that the Council’s success in debt recovery should be acknowledged and perhaps something could be put on the website highlighting the success in this area. Mr T FitzPatrick agreed, he said the Council had the best collection rates in the country and welcomed additional publicity. Mr W Northam added that he had met with the local press when the report was published and he was disappointed not to see the achievements mentioned in the press. RESOLVED To recommend to Council: To approve the annual report giving details of the Council’s write-offs in accordance with the Council’s Debt Write-Off Policy and performance in relation to revenues collection. 29. OVERVIEW AND SCRUTINY UPDATE The Scrutiny Officer introduced this item. Health update Mr R Reynolds said that although the information that had been provided on the way care provision was organised across the District was helpful, it would be beneficial to have more detail on what carers actually did – the timing of their visits, how long they spent with each patient and the quality of the service. The Scrutiny Officer suggested that a full report was brought to the Committee, together with a presentation from a care provider or a related organisation so that Members could have the opportunity to ask questions and scrutinise care provision more closely. The Chairman agreed. He said that had been concerned for some time about the standard of training given to carers. Mr W Northam commented on the excellent care provision at a dementia home in his ward, Mundesley. The centre he referred to was run by Norse and they had recently received an award for their work. Mrs B McGoun said that it might useful for them to give a presentation to the Committee so that they could see best practice in the sector. Overview and Scrutiny Committee 5 19 June 2013 Internal Boards The Scrutiny Officer informed the Committee that she had been advised that the Environmental Sustainability Board was likely to commence meeting again. Ms V Gay said that it was important that this Board continued as it would be able to give consideration to technological advances in the sector and the benefits that these could offer to the District. Mr P Terrington requested that the Committee was kept updated on any changes to the Boards. Your Voice The Committee confirmed that they would like to receive a brief demonstration of the Your Voice scheme at a future meeting. 30. ANNUAL REPORT AND AMENDMENT TO ANNUAL ACTION PLAN 2013-14 The Leader, Mr T FitzPatrick, introduced this item. He said that the Annual Report for 2012/13 demonstrated that the Council continued to deliver good performance. It was the first Annual Report against the service priorities as set out in the Corporate Plan 2012-2015 and the activities and targets set out in the Annual Action Plan for 2012/13. Mr FitzPatrick drew members attention to section 5 of the report which proposed that the following activity be added to the action plan under the Localism theme – ‘We will work with Town and Parish Councils, local organisations and community and voluntary groups to improve health and wellbeing consistent with the aims of the Health and Wellbeing Board’. He explained that this increased focus on engaging with the town and parish councils was a result of recent visits that he and the Chief Executive had made to several town and parish councils. There had been considerable interest from over 50 parish councils in receiving a similar visit in the coming months. Mr FitzPatrick concluded by saying that the document before Members was a draft version. The decision had been taken to circulate it at this stage because the Cabinet wanted views and comments from members which would inform the final version. He said that the introduction would be amended to include references to the wider economy and the impact on the Council. Members were invited to ask questions: 1. Mrs B McGoun said that she was disappointed not to see the environment referred to specifically within the Council’s priorities. She said that the Council had done a lot of work to support this sector and that should be recognised. Mr T FitzPatrick replied that the environment was a cross-cutting issue which underpinned everything that the Council did. He did not feel that it was necessary to single it out as a specific issue. The Chief Executive agreed and said that support for the environment was embedded within many of the priorities. She added that the priorities were set out in the Corporate Plan and this was approved in 2011. 2. Ms V Gay said that although she had a lot of sympathy with the health and wellbeing aspect of s5.2 of the report, it should be acknowledged that many local parish and town councils were not the embodiment of democracy that they should be. She said that it was important to recognise their contribution but that the Council also had a duty to increase their role. The Chairman agreed, saying that many parish councils co-opted new members rather than electing them. Mr FitzPatrick said that one of the reasons that he had suggested visiting the parish councils was so that the Council could work more closely with them in the future and hopefully make them more visible. He stressed the importance of all three tiers of local government in the region working together and increasing their role and visibility. Overview and Scrutiny Committee 6 19 June 2013 3. Mr P W Moore said that he continued to have concerns about planning issues at parish and town council level. He said that he was often asked to call in planning applications for the Committee to consider and on many occasions this was not appropriate. He then said that he was disappointed not to see any references to young people within the report. Mr T FitzPatrick replied that this issue had been discussed previously when the Corporate Plan was considered by the Committee. He said that he felt it was not necessary to single young people out as a separate group. Several of the priorities outlined in the Corporate Plan were aimed at helping young people and the recent focus on apprenticeships demonstrated that the Council was working at a practical level to support this age group. The Chief Executive added that the Corporate Plan was not the item that was being discussed and that it had previously been agreed that it would not be beneficial to list specific groups that the Council wanted to prioritise. She said that the Council was undertaking some targeted work looking at the Census figures for the District which may provide more information on this sector. 4. Mr B Jarvis said that his own parish council had been democratically elected but no longer reflected the needs of the community. They rejected any requests for cooption and did not appear to be accountable to anyone. Mr T FitzPatrick said that parish councils in this situation should be encouraged to call an election. The Chief Executive added that the Standards Committee was looking to engage with the parish and town councils and improve their standard of conduct. 5. Mr R Reynolds commented that he felt the five Corporate Plan themes could tie-in more with tourism which was of vital importance to the District. 6. Mr G Williams had several points to make. He began by saying that there seemed to be some confusion about the difference between the Corporate Plan, the Annual Action Plan and performance indicators. He said that an annual report was a record of what had been done. All of the facts were in the draft version of the report but they were not always easy to find and some statements didn’t lie well together. He stressed that the Annual Report was an aid to transparency and the Council shouldn’t be afraid of listing what hadn’t gone well and the areas where they needed to work harder – recognising this would build trust with the reader. Finally he said that the appendix with the performance indicators could be improved to make it more userfriendly. The Chief Executive thanked him for his comments and said that she would look at refining some of the information so that there was not just a statement but additional, relevant information – for example the County Council’s work on improving Broadband across the region. She said that the performance indicators would be looked at again to see if they could be presented more effectively. Mr G Williams replied that an electronic version could include hyperlinks that would enable the reader to expand on specific points. RESOLVED To support the Cabinet decision: 1) To note the contents of this report. 2) To give authority to the Leader of the Council and the Chief Executive to approve the final public version of the report. 3) To give authority to the Leader of the Council and the Chief Executive to approve the communications plan for the Annual Report 2012/13. 4) To approve the addition of an activity to the Annual Action Plan 2013/14 as shown in paragraph 5.2 Overview and Scrutiny Committee 7 19 June 2013 30. DEVELOPMENT OF THE OFFSHORE WIND ENERGY SECTOR OFF THE NORTH NORFOLK COAST – A REPORT ON THE COUNCIL’S ACTIVITY IN SUPPORT OF THE SECTOR SINCE APRIL 2012 The Committee had requested this report. It was presented by the Corporate Director (SB). He started by explaining that the offshore wind energy sector off the North Norfolk coast presented a significant opportunity to broaden the district’s economy through the attraction of new investment, skilled employment and supply chain opportunities. He outlined three offshore wind energy schemes which had been granted consent off the North Norfolk coast: The 317MW Sheringham Shoal development The 560MW Dudgeon wind energy scheme The 580MW Race Bank scheme As the Council was a small organisation, it was important that it was able to work closely with partners to ensure engagement with local communities. To help achieve this, NNDC had become a member of the Norfolk and Suffolk Energy Alliance, alongside Norfolk and Suffolk County Councils, Great Yarmouth Borough Council and Waveney District Council. The Alliance recognised that the energy sector in its widest sense formed a significant element of the economies of Norfolk and Suffolk and was working to develop links with the East of England Energy Group (EEEGr) and the New Anglia Local Enterprise Partnership (LEP) to present a strong case to both Government and energy sector companies that Norfolk and Suffolk had particular strengths in terms of established companies, skills and sites to support future investment and development in the energy sector. The Corporate Director then outlined how the Council had worked with local partners, the Wells Harbour Commissioners and the Holkham and Walsingham Estates under the umbrella of the North Norfolk Renewables Group to promote the facilities at the Port of Wells and the land and premises opportunities to businesses involved in the offshore energy sector. Key outcomes achieved by the Group over the last year included: Development of the proposal to establish a Local Development Order (LDO) at Egmere Development and launch of the North Norfolk Renewables website Having a stand at the EEEGr Soutern North Sea Conference event in March 2013 Raising the profile of the Wells/North Norfolk offer to offshore wind companies and their suppliers through engagement with partners to the Norfolk and Suffolk Energy Alliance, so that the complimentary nature of the services available through the port of Wells are clearly understood in the context of the port facilities at Great Yarmouth and Lowestoft. The Corporate Director concluded by saying that for a relatively modest cost the Council had taken forward a positive programme of activity in promoting the potential of the District as a place for investment by offshore wind energy companies and their suppliers and contractors. Members were invited to ask questions: 1. Mr P W Moore commented that one of the objectives of the North Norfolk Renewables Group, as outlined in the terms of reference, seemed to contradict the feelings and attitudes of local communities regarding renewable energy technology. Overview and Scrutiny Committee 8 19 June 2013 2. 3. 4. 5. 6. He referred to recent planning decisions which had rejected applications for onshore wind turbines and solar panels. The Corporate Director agreed and said that Cabinet had requested that an energy strategy report was prepared at corporate level to clarify the Council’s position on this. Mrs B McGoun said that tide and wave energy had not been mentioned and she asked whether there had been any interest in this sector. The Corporate Director replied that there had not been any interest locally but it was anticipated that this would change. Mrs V Uprichard commented that renewable energy encompassed much more than wind power and yet this was not reflected in the report. The Corporate Director said that there was no commercial interest beyond the wind energy sector at present, although there was interest in solar PV energy nationally and it was possible that this sector would grow in the future. Ms V Gay commented on the confidential status of the minutes of the North Norfolk Renewables Group. She had concerns that this could put local members who were able to see the minutes on a false footing as it prevented open discussion with constituents. The Corporate Director replied that the minutes were confidential as commercial investments were discussed during the Group’s meetings. He acknowledged that there was concern in Wells regarding the use of the harbour for commercial purposes. He explained that small boats accessing the sites from Wells harbour were suitable at the present time but this could change in the future as the schemes moved further offshore following Government pressure for a significant reduction in the operating costs over the lifetime of offshore wind schemes. So, Wells currently had a locational advantage but this may be short-lived. Mr P Terrington, local member for Wells, said that he also had concerns about the openness and transparency of the North Norfolk Renewables Group. He said that he did receive the minutes of the meetings and acknowledged that their confidential status put him in a difficult position. He said that he didn’t feel the content warranted confidentiality and that the minutes should be in the public domain. He went on to say that he had been persuaded about the merits of the Local Development Order and his concerns were now mainly about the role of the North Norfolk Renewables Group. The fact that the website made no mention of protecting the heritage coastline indicated that its remit was simply to attract investment. He concluded by saying that he was also concerned that SCIRA contributed less than 1% of their income to supporting local communities. He felt that this should be much higher but acknowledged that operators should not be deterred from bringing their schemes to the District. The Chief Executive replied to Mr Terrington’s point regarding the North Norfolk Renewable Group’s minutes. She said that generally minutes would not be confidential, they could be redacted but they would still be subject to a Freedom of Information request. The Leader, Mr T FitzPatrick, added that he was also affected by the confidentiality issue and he sympathised with Mr Terrington’s concerns but that it should be appreciated that there needed to be some confidentiality to ensure commercial advantage. He concluded by saying that he agreed with the comments regarding the level of contributions from the wind energy companies and said that the Council would continue to fight for a share of the benefits. Mr G Williams said that the report showed that the Council had been very effective in gaining investment from the renewable energy sector. He asked the Corporate Director to give the Committee an indication of where the Council was currently focussing its efforts. The Corporate Director said that he had met with representatives of the Dudgeon scheme recently and they were hoping to discharge all their planning conditions to start the onshore cable route from October 2014. It was anticipated this would take about 2 years. They were also considering whether to use mono-pile or suction cup technology to reduce the damage to the chalk-bed when the turbines were installed. He added that the Government’s demand for a reduction in costs for such schemes meant that turbines would be larger in the future Overview and Scrutiny Committee 9 19 June 2013 and probably fewer in number. The Dudgeon scheme would be the main focus for the next 12-24 months and it was possible that they would need suitable sites for office accommodation in the District. The Centrica scheme was about 6-12 months behind Dudgeon and would have less of an impact on the district as the cable would make landfall in the Fens. He concluded by saying there would be ongoing engagement with the statutory marine bodies. 7. Mrs V Uprichard said that the Continent seemed to be moving away from wind farms and she wondered whether this had any long-term implications for the sector. The Corporate Director replied that renewable energy was part of a national policy debate. There was no security around energy production and the only way this could be achieved was through a better mix of energy production. Gas production was still a viable option but there had been a loss of confidence in this sector following changes to the tax regime. He acknowledged that offshore wind schemes were more acceptable than onshore due to the impact on the landscape. As the offshore wind energy sector was already up and running it was important that the Council positioned itself to capture the benefits. Looking to the future, various proposals for anaerobic digesters and Solar PV farms would probably be coming forward. Mr T FitzPatrick added that on the Continent there were more onshore wind turbines but it was widely agreed that the coast was preferable to land and 60% of the capacity for wind production in Europe was around the UK and Ireland. It was acknowledged that the UK had failed to become involved in the production of turbines and consequently there was now a commitment that the UK would increase its production of turbine parts. He concluded by saying that all the servicing for the turbines could be done from Europe so it was important to ensure that the bases for supporting wind energy schemes were sited in North Norfolk. The Chairman said that he was pleased to see young people attending the meeting. He requested that in future it might be beneficial if advance notice was given of such visits so that the agenda could be re-arranged to ensure that it was suitable. Members thanked the Chairman for handling the meeting so well. The meeting concluded at 12.1 0 pm. ____________________ Chairman Overview and Scrutiny Committee 10 19 June 2013