Agenda and minutes

Venue: Council Chamber - Council Offices. View directions

Contact: Matthew Stembrowicz  Email: matthew.stembrowicz@north-norfolk.gov.uk

Items
No. Item

138.

To Receive Apologies for Absence

Minutes:

Apologies were received from Cllr L Withington.

139.

Substitutes

Minutes:

None.

140.

Public Questions & Statements

To receive questions / statements from the public, if any.

Minutes:

None received.

141.

Minutes pdf icon PDF 350 KB

To approve as a correct record the minutes of the meeting of the Overview and Scrutiny Committee held on 12th January 2022.

Minutes:

Minutes of the meeting held on 12th January 2022 were approved as a correct record and signed by the Chairman.

142.

Items of Urgent Business

To determine any other items of business which the Chairman decides should be considered as a matter of urgency pursuant to Section 100B(4)(b) of the Local Government Act 1972.

Minutes:

None received.

143.

Declarations of Interest pdf icon PDF 233 KB

Members are asked at this stage to declare any interests that they may have in any of the following items on the agenda. The Code of Conduct for Members requires that declarations include the nature of the interest and whether it is a disclosable pecuniary interest.

Minutes:

Cllr E Spagnola declared a non-pecuniary interest in relation to the Pier Pavilion report to note that her daughter was an employee of Openwide.

144.

Petitions From Members of the Public

To consider any petitions received from members of the public.

Minutes:

None received.

145.

Consideration of Any Matter Referred to the Committee by a Member

To consider any requests made by non-executive Members of the Council, and notified to the Monitoring Officer with seven clear working days’ notice, to include an item on the agenda of the Overview and Scrutiny Committee.

Minutes:

None received.

146.

Responses of the Council or the Cabinet to the Committee's Reports or Recommendations

To consider any responses of the Council or the Cabinet to the Committee’s reports or recommendations:

 

At the meeting held on 31st January 2022 Cabinet accepted the recommendation to increase parking charges in-line with CPI inflation. The recommendation to increase season ticket prices in-line with CPI inflation was not accepted.

Minutes:

The DSGOS informed Members that Cabinet had accepted the recommendation to increase the Council’s parking charges in-line with CPI inflation, subject to some minor variations. He added that Cabinet had not accepted the recommendation to raise season ticket prices.

 

Cllr E Seward thanked the Committee for their involvement in reviewing the charges and noted that in order to help residents the decision had been taken to freeze season ticket prices. He added that whilst there was no perfect solution, it was more viable for daily parking charges to be increased. 

147.

Waste Contract: Verbal Update

To receive a verbal update from the Director for Communities on the progress made by the waste contractor on delivering a revised target operating model.

Minutes:

The DFC introduced the item and reminded Members of the gap analysis presented previously, and reported that Serco had made reasonable progress on the 500 items outlined. He added that Serco had confirmed they could provide evidence of compliance with 200 of the requirements, whilst 92 were reportedly not being undertaken according to contract. It was noted that 34 tasks had been accepted as duplicates, 40 tasks required further clarification, and 27 tasks were not being completed but would be addressed as part of the transition to the new operating model. The DFC noted that the new operating model would be delivered sequentially across each District, with changes expected to be implemented in North Norfolk by June. He added that there were 32 elements of the contract that had been partly implemented and a further 59 elements that would be fully implemented once the new operating model was in place. It was reported that overall, reasonable progress was being made, and a plan for full implementation could be expected at the April meeting.

 

Questions and Discussion

 

       i.          The DFC noted that some undelivered items referred to could relate to minor issues, such as not having the contracted number of tools available, and it was important to remember that key services continued to be delivered.

 

      ii.          The Chairman asked whether the DFC was satisfied as the responsible officer that enough progress had been made following the original briefing. The DFC replied that he was comforted to see the progress made, though he expected more traction to be gained in the months ahead. He added that it was also important to note that implementing the new operating model was essential to deliver the contract as promised, whilst also ensuring that added value elements were delivered.

 

     iii.          Cllr S Penfold noted that Serco officers had informed the Committee that they were operating the contract on a deficit, and asked whether they had begun to invoice the Council. The DFC replied that invoices were now being received for the fixed services, though variable monthly bills for additional services such as garden waste collections were still being cross-referenced for accuracy.

 

    iv.          Cllr N Housden noted that the level of staff resource required to monitor the contract had been significantly higher than expected, and asked whether the cost of this had been taken into account and whether the contract still provided value for money. The DFC replied that in his role as supervising officer during the early NNDC contract mobilisation, it had been expected that resource requirements would be higher during this period, and could be expected to reduce once the supervisory role was passed onto the next authority. He added that the value for money of the contract was not in doubt, as the joint procurement exercise had still delivered as expected, and officer time invested in administering this arrangement had contributed to achieving this value for money.

 

RESOLVED

 

To note the update.

148.

FEES AND CHARGES 2022-23 pdf icon PDF 205 KB

Summary:

 

 

 

Options considered:

This report recommends the fees and charges for 2022-23 that will come into effect from April 2022.

 

Alternatives for the individual service fees and charges now being proposed will have been considered as part of the process in arriving at the fees presented within the report.

 

Conclusions:

 

The fees and charges as recommended have been used to inform the income budgets for the 2022/23 budget.

 

Recommendations:

 

 

 

 

 

 

 

 

 

 

 

 

Reasons for

Recommendations:

 

That Cabinet agree and recommend to Full Council:

 

a) The fees and charges from 1 April 2022 as included in Appendix A.

 

b) That Delegated Authority be given to the Section 151 Officer, in consultation with the Portfolio Holder for Finance and relevant Heads of Service, to agree those fees and charges not included within Appendix A as required as outlined within the report

 

To approve the fees and charges as set out in the report that will have been used to support the 2022/23 budget process.

 

LIST OF BACKGROUND PAPERS AS REQUIRED BY LAW

(Papers relied on to write the report, which do not contain exempt information and which are not published elsewhere)

 

Current fees and charges

 

Cabinet Member(s)

Cllr E Seward

 

Ward(s) affected: All

Contact Officer, telephone number and email:

Lucy Hume, 01263 516246, lucy.hume@north-norfolk.gov.uk

 

Additional documents:

Minutes:

Cllr E Seward – Portfolio Holder for Finance and Assets introduced the report and informed Members that it was an annual requirement to set the fees and charges for a range of services provided by the Council. He added that some charges relating to electoral registrars, enforcement and some housing services were statutory and were therefore not set by the Council. It was noted that some charges could be set with delegated authority by officers and the Portfolio Holder, such as trade waste collections to avoid alerting commercial competitors to the Council’s future pricing. He added that garden bin collections were currently charged annually at £48.50, which generated in excess of £1m income from approximately 22k customers, though this number continued to increase. It was noted that many garden waste bins were reaching the end of their expected life, and whilst the cost of replacement would be met by the bin charges, these costs had risen by 10% twice in recent months.

 

Questions and Discussion

 

       i.          It was noted that there had been press enquiries regarding an increase in the administrative charge for remaining on the waiting list for the Council’s beach huts and chalets from £25 to £45. Cllr E Seward explained that this increase was necessary as £25 no longer covered the Council’s costs to administer the waiting list. 

 

      ii.          Cllr S Penfold referred to the replacement of garden waste bins, and asked whether there was a plan in place for environmentally friendly disposal of the old bins. Cllr N Lloyd replied that he was unsure whether they would be recyclable, but would look to investigate the issue.

 

     iii.          The recommendations were proposed by Cllr P Heinrich and seconded by Cllr E Spagnola.

 

RESOLVED

 

1.     To recommend to recommend to Full Council that:

 

a) The fees and charges from 1 April 2022 as included in Appendix A.

 

b) That Delegated Authority be given to the Section 151 Officer, in consultation with the Portfolio Holder for Finance and relevant Heads of Service, to agree those fees and charges not included within Appendix A as required as outlined within the report.

 

149.

CAPITAL STRATEGY 2022 – 2023 pdf icon PDF 274 KB

Summary:

This report sets out the Council’s Capital Strategy for the year 2022-23. It sets out the Council’s approach to the deployment of capital resources in meeting the Council’s overall aims and objectives while providing the strategic framework for the effective management and monitoring of the capital programme.

 

Options Considered:

This report must be prepared to ensure the Council complies with the CIPFA Treasury Management and Prudential Codes.

 

Conclusions:

The Council is required to approve a Capital Strategy to demonstrate compliance with the Codes and establishes the strategic framework for the management of the capital programme.

 

Recommendations:

That Cabinet recommends to Full Council that;

 

(a)  The Capital Strategy and Prudential Indicators for 2022-23 are approved.

 

Reasons for Recommendation:

Approval by Council demonstrates compliance with the Codes and provides a framework within which to consider capital investment decisions.

 

 

LIST OF BACKGROUND PAPERS AS REQUIRED BY LAW

(Papers relied on to write the report, which do not contain exempt information and which are not published elsewhere)

 

 None

 

Cabinet Member(s)

Cllr E Seward

 

Ward(s) affected: All

Contact Officer, telephone number and email: Lucy Hume, 01263 516246, lucy.hume@north-norfolk.gov.uk       

 

Minutes:

Cllr E Seward – Portfolio Holder for Finance and Assets introduced the report and informed Members that it was an annual requirement for Council to approve the Capital Strategy and prudential indicators annually, in advance of setting the budget.

 

Questions and Discussion

 

       i.          The recommendation was proposed by Cllr H Blathwayt and seconded by Cllr P Heinrich.

 

RESOLVED

 

1.     To recommend to Council that the Capital Strategy and Prudential Indicators for 2022-23 are approved.

 

150.

INVESTMENT STRATEGY 2022/23 pdf icon PDF 182 KB

Summary:

This report sets out details of the Council’s investment activities and presents a strategy for the prudent investment of the Council’s resources. 

 

 

Options Considered:

Alternative investment and debt options are continuously appraised by the Council’s treasury advisors, Arlingclose and all appropriate options are included within this Strategy.

 

 

Conclusions:

The preparation of this Strategy is necessary to comply with the guidance issued by the Department of Levelling Up, Housing & Communities (DLUHC).

 

 

Recommendations:

That the Council be asked to RESOLVE that The Investment Strategy is approved.

 

 

Reasons for Recommendation:

The Strategy provides the Council with a flexible investment strategy enabling it to respond to changing market conditions.

 

 

 

 

Cabinet Member(s)

Cllr E Seward

 

Ward(s) affected: All

Contact Officer, telephone number and email: Lucy Hume,Lucy.Hume@north-norfolk.gov.uk,  01263 516246

 

Minutes:

Cllr E Seward – Portfolio Holder for Finance and Assets introduced the report and informed Members that the Strategy that required approval by Council in advance of setting the budget.

 

Questions and Discussion

 

       i.          The recommendation was proposed by Cllr A Brown and seconded by Cllr A Varley

 

RESOLVED

 

To recommend to Council that the Investment Strategy is approved.

151.

TREASURY MANAGEMENT STRATEGY 2022/23 pdf icon PDF 734 KB

Summary:

This report sets out details of the Council’s investment activities and presents a strategy for the prudent investment of the Council’s resources.

 

 

Options Considered:

Alternative investment and debt options are continuously appraised by the Council’s treasury advisors, Arlingclose and all appropriate options are included within this Strategy.

 

 

Conclusions:

The preparation of this Strategy is necessary to comply with the guidance issued by CIPFA.

 

 

Recommendations:

That the Council be asked to RESOLVE that The Treasury Management Strategy is approved.

 

 

Reasons for Recommendation:

The Strategy provides the Council with a flexible investment strategy enabling it to respond to changing market conditions, and ensures the Council complies with CIPFA guidance.

 

 

 

Cabinet Member(s)

Cllr E Seward

 

Ward(s) affected: All

Contact Officer, telephone number and email: Lucy Hume, lucy.hume@north-norfolk.gov.uk 01263 516246

 

Minutes:

Cllr E Seward – Portfolio Holder for Finance and Assets introduced the report and informed Members that the Strategy required annual approval in advance of setting the budget. He added that as with the Capital and Investment Strategies, if the Council had any significant long-term borrowing used to fund investment programmes, there would be a greater need for an increased level of scrutiny, however the Council was not in that position.

 

Questions and Discussion

 

       i.          The recommendation was proposed by Cllr A Varley and seconded by Cllr P Fisher.

 

RESOLVED

 

To recommend to Council that the Treasury Management Strategy is approved.

152.

CROMER PIER PAVILION THEATRE - PIER MANAGEMENT CONTRACT pdf icon PDF 247 KB

Summary:

This report provides members with an update in respect of the pier management contract operated by openwide coastal in the context of the ongoing uncertainty around the covid pandemic.

 

The report details the current arrangements for management of the contract of the pier pavilion theatre in cromer, in the context of when the current contract was awarded in early 2019; and considers the changed circumstances, issues and risks being faced by the operator during the 2020 and 2021 seasons and looking into the future due to the covid pandemic.

 

The report details a number of options available to the council in seeking to support the current operator respond to these unprecedented circumstances in future years thereby maintaining the unique end of the pier show and other theatre offering provided through the cromer pier pavilion theatre.

 

 

Conclusions:

The Coronavirus pandemic, including periods of lockdown and subsequent restrictions during the twenty-two months since March 2020, and ongoing uncertainty for the arts sector through 2022 and beyond, has presented significant challenges to the Council’s operating partner for Cromer Pier and Pavilion Theatre - Openwide Coastal.

 

Whilst Openwide has competently managed this challenging situation, this is not without significant risks to the business relative to the contract awarded by the Council in February 2019, and in order to secure its long term future it is appropriate for the Council to consider how it might work with the company to manage future risks in the operation of the Pavilion Theatre, if not the wider Pier offering.

 

 

Recommendations:

Cabinet is therefore recommended to:

 

a)     Agree now to the extension of the pier management contract at the end of its current ten-year term for five years to March 2033 (as allowed for under the contract) so that the additional costs / losses incurred by Openwide in supporting the contract over the past two years due to COVID might be recovered – i.e. Option 1 as detailed within Section 5 of the report.

b)     Agree that the Council is prepared, in principle, to explore further with Openwide a risk-sharing approach in underwriting the costs of investment in the 2022 Seaside Special production recognising the challenges presented by the COVID pandemic on audience figures during 2021 and the continueduncertainty for the 2022 summer season given that planning and investment in the 2022 production is already underway - i.e. Option 3 as detailed within Section 5 of the report.

c)     The Council agrees to make budgetary provision in the current financial year of up to £45,000 to upgrade the bar and food service area within the Pavilion Theatre

d)     Agree that the Council works closely with Openwide to explore broadening the offer of the Pier as outlined in Options 4 and 5 of Section 5 of the report so as to attract new audiences, visitors and income to the Pier.

 

 

 

 

Cllr Virginia Gay

 

Cromer Town / All

Contact Officer, telephone number, and e?mail:

Karl Read Leisure and Cultural Services  ...  view the full agenda text for item 152.

Minutes:

Cllr V Gay – Portfolio Holder for Leisure, Wellbeing and Culture introduced the report and informed Members that the recommendations had been resolved by Cabinet at its February meeting. She referred to the first recommendation to extend the Pier Management Contract with Openwide, and noted that this had taken place previously on several occasions, with the relationship being in place since 2001. It was noted that the second recommendation stated that the Council was open to exploring a risk sharing arrangement for 2022, though this was only an eventuality and the full cost of this was not known. Cllr V Gay referred to the third recommendation and noted that the Council were liable to fund improvements, which had been recommended by Environmental Health. Finally, the fourth recommendation to explore broadening the Pier’s offer was an approach taken with all similar contracts. Cllr V Gay stated that Openwide had also made efforts to secure their own financial support during the Pandemic, which included two cultural grants from the Arts Council, the first amounting to £227k and the second £125K, which had helped to underwrite the cancelled 2020 season. She added that it was unclear what could be expected in 2022, therefore the risk sharing arrangements were only a precaution, as it was important to continue supporting the Seaside Special Show.

 

Questions and Discussion

 

       i.          Cllr J Rest referred to recommendation D, and asked whether the Council still imposed restrictions on pantomime shows. Cllr V Gay replied that she was not aware of the details, though she expected this restriction may have been in place prior to production of the Christmas Pier show, which may have been established as a result. Cllr J Rest suggested that it would be helpful to clarify whether the restriction was still in place, as it could provide a potential opportunity for Openwide. Cllr V Gay agreed and noted that Openwide had several proposals of its own to broaden its offer, such as themed weekend events. She added that historically the Council had provided approximately £80k of annual funding, though this was no longer the case with £20k of profit shared in the 2019 season.

 

      ii.          Cllr C Cushing referred to recommendation B on risk sharing arrangements and asked whether any other options had been considered, such as increased insurance. Cllr V Gay replied that she was not aware of Openwide’s insurance arrangements, though in many cases insurers had refused pay-outs relating to Covid-19. She added that many theatres across the Country had faced financial difficulties during the pandemic, though she would seek to provide a written response regarding Openwide’s insurance arrangements.

 

     iii.          Cllr S Penfold referred to recommendation C to fund the refurbishment of the bar area, and noted that within the report at section 1.2 it was stated that Openwide would be responsible for non-structural repairs to fixtures and fittings. He then asked whether the funding was for structural refurbishment only. Cllr V Gay replied that she was not aware of the full  ...  view the full minutes text for item 152.

153.

Update: Scrutiny Panel - Environment & Quality of Life pdf icon PDF 201 KB

To receive an update on progress from the Chairman of the Panel and agree the draft Work Programme for the six-month trial period.

Minutes:

Cllr H Blathwayt – Chairman of the Panel introduced the item and informed Members that good progress had been made in agreeing the parameters of the review and checking initial evidence, which had been deemed reasonably accurate.

 

Questions and Discussion

 

       i.          The DSGOS noted that the Committee were required to approve the Panel’s draft work programme for the six month trial period. He added that beyond the review of Public Conveniences, the Panel had also chosen to support the development of the Quality of Life Strategy, subject to the Committee’s approval.

 

      ii.          The recommendation was proposed by Cllr H Blathwayt and seconded by Cllr P Heinrich.

 

RESOLVED

 

1.     To agree the draft Work Programme for the six-month trial period.

 

154.

The Cabinet Work Programme pdf icon PDF 147 KB

To note the upcoming Cabinet Work Programme.

Minutes:

The DSGOS introduced the item and reminded Members to attend the LG Inform Benchmarking Briefing, as benchmarking data would now be included in the Cabinet and Scrutiny quarterly performance monitoring reports. He added that the Committee would be given the opportunity to choose its reporting priorities identified within the benchmarking data, and which group of authorities the Council was benchmarked against.

 

RESOLVED

 

To note the Cabinet Work Programme.

155.

Overview & Scrutiny Work Programme and Update pdf icon PDF 301 KB

To receive an update from the Scrutiny Officer on progress made with topics on its agreed work programme, training updates and to receive any further information which Members may have requested at a previous meeting.

Additional documents:

Minutes:

       i.          The DSGOS introduced the item and informed Members that whilst the scoping report on the impact of second homes had been expected at the February meeting, this had been delayed to allow Cllr L Withington’s involvement in the process. He added that despite the delay, it had recently been announced that a second homes tax loophole had been closed, which would have an impact across the Country.

 

      ii.          The DSGOS noted that several briefings had been also been planned for the months ahead, with the PCC attending in March alongside the Chief Executive of PCC’s office to introduce the Police, Crime and Community Safety Plan. He added that Serco Officers would then return in April to update the Committee on progress made implementing the new target operating model. Finally, it had been requested that the Committee request the attendance of officers from Anglian Water to discuss sewage outflow incidents at the next available meeting, likely in May.

 

     iii.          Cllr T Adams noted that he would provide an email update on the work of the Police and Crime Panel upon publication of the minutes, as they had recently set their annual budget. He added that Members should also have been invited to a road safety briefing, which could be an interesting discussion point in the future.

 

    iv.          The DSGOS noted that no response had been received from EEAST regarding ambulance response times, and the update would be delayed until up to date information was made available.

 

RESOLVED

 

To note the Overview and Scrutiny Work Programme.

156.

Exclusion of the Press and Public

To pass the following resolution, if necessary:

 

“That under Section 100A(4) of the Local Government Act 1972 the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph _ of Part I of Schedule 12A (as amended) to the Act.”