Agenda and draft minutes
Venue: Conference Room 1a, County Hall, Ruthin
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APPOINTMENT OF VICE CHAIR PDF 33 KB To appoint a Vice Chair for the ensuing year. Minutes: Councillor T R Hughes was nominated and seconded for the
role of Vice-Chair of the Committee. No other nominations were received and it
was: RESOLVED: that Councillor T R Hughes be appointed
Vice-Chair of Communities Scrutiny Committee for the 2016/17 municipal year. |
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APOLOGIES |
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DECLARATION OF INTERESTS Members to declare any personal or prejudicial interests in any business identified to be considered at this meeting. Minutes: The
following interest was identified in business item to be considered at the
meeting. Agenda
Item 7 Housing Grounds Maintenance Contract Update” – A personal interest was
declared by Councillor Cheryl Williams. The reason for the declaration was that
Councillor Williams was a Council House tenant. |
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URGENT MATTERS AS AGREED BY THE CHAIR Notice of items which, in the opinion of the Chair, should be considered at the meeting as a matter of urgency pursuant to Section 100B(4) of the Local Government Act 1972. Minutes: No
items were raised which in the opinion of the Chair, should be considered at
the meeting as a matter of urgency pursuant to Section 100B(4)
of the Local Government Act, 1972. |
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To receive the minutes of the Communities Scrutiny Committee held on the 4th February, 2016 (copy enclosed). Minutes: The Minutes of the meeting of
the Communities Scrutiny Committee held on the 24th March, 2016 were
submitted:- RESOLVED – that the
Minutes be received and approved as a correct record. |
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DELIVERING WITH LESS - LEISURE SERVICES PDF 118 KB To consider a
report by the Lead Officer: Commercial Leisure, which summarises the WAO report and outlines the
performance of Denbighshire Leisure Services in comparison to other Local
Authorities in Wales, had been circulated previously. 9.35 a.m. Additional documents: Minutes: A copy of a report by the Lead
Officer: Commercial Leisure (LOCL) had been circulated with the papers for the
meeting. The Lead Member for Community Development introduced the
report which summarised the Wales Audit Office’s (WAO) national report on
Leisure Services from Denbighshire’s perspective. He explained that:- ·
on the whole the national report reflected
positively on Leisure Services in Denbighshire, with a number of ‘best
practice’ examples being cited as ones being operated in Denbighshire’s Service
e.g. the Service having a clear long-term vision and strategy, and subject to a
very strict service challenge process that was supported and evidenced via a
‘dashboard’ that contained a varied range of useful performance data; ·
whilst, contrary to a
number of local authorities, Denbighshire had retained control of its Leisure
Services it did take a very commercial approach to the delivering the
Service. It provided the fourth lowest subsidy in Wales to Leisure
Services; ·
whilst the national WAO report seemed to be
advocating a ‘trust model’ as an appropriate model for delivering leisure
services during times of financial constraints, Denbighshire was firmly of the
view that this was not the most cost effective model for delivering the
services residents expected. Nevertheless, the Council regularly reviewed
its service business model and, if following an options appraisal a more
effective model for delivering the Service came to the forefront, Members would
be asked to examine it. Responding to Members’ questions the Lead Member and
officers advised that:- ·
some of the data in the report was confusing as
it did not compare ‘like’ with ‘like’ e.g. the number of leisure centre users –
Denbighshire only counted those who actually used the leisure facilities in the
county, whilst some other counties counted the ‘number of visitors’ to leisure
centres, regardless of the fact whether they utilised any of the facilities,
classes or events; ·
Denbighshire’s usage figures were based on actual
data and not on estimated figures; ·
the Council’s subsidy to the Service was
reducing year on year; ·
Leisure Service’s staff were now being utilised
more wisely and consequently deployed hen needed to relieve pressure within the
Service at busy times e.g. meeting holidaying
visitors at the refurbished Nova Centre and directing them to where they want
to go, promoting services on offer to enhance service-users’ health-being; ·
the Nova Centre had already achieved its first
year operating target and the recently re-furbished Leisure Centre at Ruthin
was also performing well and on target to deliver in line with its objectives; ·
the Service on all
occasions monitored its energy usage and was constantly exploring cost
effective methods and technological developments that might reduce running
costs. To date it had installed a biomass boiler in Rhyl, pool covers,
LED lighting in certain premises, variable speed pumps etc. The installation of
solar panels had not to date been deemed to be a viable option. Members highlighted the various opportunities available in
Denbighshire to promote and support residents’ health and well-being and the
need to promote all activities, be they those provided by Leisure Services or
those available via Countryside Services. They emphasised the need for
both services to work together to promote all opportunities and the activities
arranged by voluntary organisations in the county and liaise with the
Communications and Marketing Service with a view to highlighting and promoting
the availability of all types of physical activity to enhance residents’
general health and well-being on the Council’s website. The Committee: RESOLVED – that subject to the above observations:- (i) to congratulate the Service on its excellent work to date, and on where it is placed in terms of leisure ... view the full minutes text for item 6. |
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HOUSING GROUNDS MAINTENANCE CONTRACT UPDATE PDF 96 KB To consider
a report by the Lead Officer: Community Housing, which provides an update on
progress with the grounds maintenance contract for Housing owned land, had been
circulated previously. 10.05 a.m. Additional documents: Minutes: Lead Officer – Community Housing introducing the report
(previously circulated) advised that responsibility for grounds maintenance on
land in the ownership of the Housing Department now lay with the Department, it
had previously been the responsibility of the Highways Department.
Tenants were charged a service charge of £1.50 per week for the service
provided and the contract was financed from the Housing Revenue Account (HRA)
budget. It was acknowledged that there had been issues during 2015 which
had generated numerous complaints from tenants, these were because the contract
changeover process could not commence early enough, consequently the new
contractor was not appointed until June which was well into the grass growing
season. The Lead Officer advised: ·
that
since the new grounds maintenance arrangements had been established land
ownership between various Council departments had become much clearer; ·
83% of those
who submitted complaints during 2015 about the grass cutting arrangements had
indicated that they were now satisfied with the service they received; ·
As the
Council now managed its own HRA account it had plans to invest in schemes to
improve the environment in and around council housing estates – proposed
neighbourhood environmental improvement schemes could also involve the
community and see them bid for funds for their own collective projects; ·
Details of
funding already allocated to various projects, including play areas, were
included in Appendix 2 to the report. In response to Members’ questions the Lead Member for Public
Realm and officers: ·
undertook
to check with the contractor whether they could uproot weeds in neighbourhoods
rather than spray them, as it was felt that this was a more effective method of
eradicating the problem; ·
confirmed
that the Council now had better information on land ownership within the
authority; ·
whilst the co-ordination of grass cutting in communities
could be a complex matter every effort was made to undertake the work in a
co-ordinated manner. As the ownership of parcels of land became clearer
the situation should improve further; ·
contractors usually undertake a litter pick before they cut
an area of land. The Housing Department also had a Service Level
Agreement (SLA) in place with the Streetscene Service
which meant they could call on their services if required. The Department
was also looking to working closer with communities with a view to keeping them
clean and tidy. Four Neighbourhood Community Officers would be appointed
shortly who would be responsible for, amongst other things, environmental
matters. These officers would work with communities and run activities
such as litter picking events in a bid to get residents to take ownership of
their neighbourhoods. Such events would support and enhance the health
and well-being of individuals as well as communities; ·
undertook
to discuss with individual Members issues of concern to them in the Cynwyd, Rhyl and Prestatyn areas; ·
confirmed that whilst Council tenants were levied a £1.50
per week service charge for ground maintenance work the Council could not levy
such charges on individuals that lived on the same estates and who were
owner-occupiers. Owner-occupiers of individual flats in a Council
housing complex could be levied the service charge as they were leasehold
owners rather than freehold owners, and were already levied a service charge
for other services provided to their property by the Council; ·
informed Members that the actual cost of grounds maintenance
during 2015/16 was £20k higher than quoted in the report, this was due to
additional unforeseen costs. They were confident that costs would be driven
down in the future; · advised that pesticides used by contractors on Council owned land was not of an equivalent strength to that used by the agricultural ... view the full minutes text for item 7. |
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THE COUNCIL'S RURAL GRASS CUTTING ARRANGEMENTS FOR 2016/17 PDF 111 KB To consider a
report by the Head of Highways and Environmental Services, on the Council’s
2016-17 programme of rural highway verge grass cutting, had been circulated
previously. 10.45 a.m. Additional documents:
Minutes: A copy of a report by the Head of
Highways and Environmental Services (HHES) had been circulated with the papers
for the meeting. Introducing the report and appendices the Lead Member for
Public Realm emphasised that the Council had a duty under the Highways Act of
1980 to keep the highway safe for all who used it. It also had a
statutory duty, under the Natural Environment and Rural Communities (NERC) Act
of 2006 to promote biodiversity. At times both these duties could be at
odds with each other, hence the reason why the Council needed to devise a rural
grass cutting policy that attempted to meet the requirements of both Acts –
ensuring a safe highway network whilst at the same time promoting and
supporting biodiversity. Striking an appropriate balance between the
requirements of both Acts had been very difficult, and would continue to be so
as the growing season varied from year to year. Officers and the Lead
Member felt that in 2015 an appropriate balance had been struck in order to
comply with both Acts. Responding to Members’ questions the Lead Member
and officers advised that: ·
verges in
rural areas, apart from the area which lies within the boundary of the Area of
Outstanding Natural Beauty (AONB), would be cut twice yearly, one swathe in
May/June, followed by one swathe or full cut in September/October; ·
roads
within the AONB, known as the biodiversity area, would be cut once in
August/September, with visibility splays cut in June/July for safety reasons –
by this time the majority of wild flowers would have seeded and died back; ·
when
cutting verges or splays for safety reasons decisions on the extent of the cut
were based on safety risk assessments; ·
there was
no definitive guidelines on the length or depth of verge cutting, the sole
consideration was the safety of road users be they in vehicles, cyclists or pedestrians; ·
for a
period of time the Council had not been giving sufficient regard to the
requirements of the NERC Act, but now that the Well-being of Future Generations
(Wales) Act 2015 had established biodiversity as a key consideration, the
Council would need to have regard to biodiversity requirements; ·
the
Council had identified the AONB area as the most appropriate area to undertake
the ‘biodiversity cut’ as it was easily identifiable for the contractors and
for residents, therefore it was easier to manage the grass cutting programme
and contract; ·
verges in other parts of the county had been identified as
Roadside Nature Reserves (location maps for these were appended to the
report). These ‘reserves’ were cut as and when it was appropriate to undertake
the work, dependent upon the species of flora, fauna and wildlife that grew or
lived in them; ·
as the
growing season tended to start earlier near the coast the contractor tended to
start the grass cutting programme in the north of the county, working his way
south in order that the verges in the Dee Valley were cut in time for the Royal
International Musical Eisteddfod, in Llangollen in early July (this also meant
that areas in the Dee Valley which were within the AONB boundary were cut
earlier than other parts of the AONB). Nevertheless the grass cutting
schedule was sufficiently flexible to accommodate changes if required; ·
at
present it was anticipated that this year’s first cut in non-AONB areas would
be completed by mid-July; ·
if
Members had concerns or enquiries regarding the cutting programme in their area
they should log their enquiries via the Customer Relationship Management (CRM)
system A number of Members representing rural wards registered the ... view the full minutes text for item 8. |
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CEMETERY RULES AND ENFORCEMENT PDF 122 KB To consider a
report by then Head of Highways and Environmental Services, on the rules
applicable across the Council’s cemeteries, and how those rules are managed and
enforced, had been circulated previously. 11.15 a.m. Additional documents:
Minutes: A copy of a report by the Head of
Highways and Environmental Services (HHES) had been circulated with the papers
for the meeting. The Lead Member for Public Realm introducing the report
advised that the report was being presented to the Committee to seek Members’
endorsement for stricter management and enforcement of cemetery rules across
the county’s lawned cemeteries and to support the
enforcement of the rules where breaches occurred. The Committee’s support
was also sought for the approach taken to meet the demand from the public for
memorial benches and for the proposal to introduce Dog Control Orders in the
county’s cemeteries. The Lead Member emphasised that Members’ support was
being sought for the recommended approach due to the sensitive nature of the
proposals. It was anticipated that there would be a level of public
criticism despite the fact that Members had supported the proposals. The
Lead Member and officers advised the committee that:- ·
‘lawned cemeteries’, which was the
type of cemeteries owned and operated by Denbighshire County Council, were
governed by the 1999 Cemetery Rules. Under these Rules only monuments, usually
set on a plinth were allowed, no other adornments were permitted; ·
when individuals purchased ‘burial rights’ clauses setting
out the above were set out in the legal agreement. Understandably,
purchasers at such a difficult time in their lives possibly did not read all
the ‘small print’ and therefore there was a growing tendency for adornments or
small gardens of remembrance to be placed over graves. This practice,
which hindered ground maintenance work at the cemeteries, was particularly prevalent
at Coed Bell Cemetery in Prestatyn,
but also affected other cemeteries throughout the county; ·
whilst individuals and families did purchase ‘burial rights’
the Council was still responsible for maintaining the ‘lawned
cemeteries’. With a view to keeping these amenities neat and tidy
officers were seeking Members’ support to write to owners of burial rights or
their families who were not currently abiding with the Council’s rules for ‘lawned cemeteries’ requesting them to remove any
embellishments within six months. The correspondence would stipulate that
if they did not conform with this request that the Council would, at the end of
the six month period, remove the memorabilia; ·
there was an increasing problem with dogs in a number of the
county’s cemeteries, with dog owners using cemeteries as dog recreational
areas. This led to dogs urinating on headstones and dog fouling problems
in the cemeteries. It was therefore proposed that later on in the year
the Public Protection Department would consult on the introduction of dog
control orders, banning all dogs (apart from guide dogs) from Council
cemeteries; ·
there was an increasing problem of road vehicles entering
cemeteries and damaging footways and access to grave areas. Removable
bollards placed there as deterrents were being damaged or removed therefore the
Council was now proposing to install stronger permanent bollards.
Mobility scooters, wheelchairs etc. would still be able to negotiate these
bollards and gain access to the cemeteries; ·
to meet the increasing demand for memorial benches in
cemeteries and therefore avoid an excessive number being provided the Council
was now purchasing benches and placing them in cemeteries, this ensured that
all benches were of the same standard and quality. Families could however
purchase memorial plaques, which the Council would source on their behalf, and
have these placed on benches in memory of their loves ones. Responding to Members’ questions the Lead Member and
officers advised that:- · items placed on the area of a grave designated for a plinth would be accepted as long as they were in-keeping with the ... view the full minutes text for item 9. |
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DRAFT CARAVAN SITES REGULATORY PROCEDURES PDF 58 KB To consider a
report by the Head of Planning and Public Protection, on the draft Caravan Site
Regulatory Procedures, had been circulated previously. 11.45 a.m. Additional documents: Minutes: A copy of a report by the
Development Manager: Planning and Public
Protection had been circulated with the papers for the
meeting. Introducing the report the Lead Member for Public Realm
referred to the background to the report and the work that had been undertaken
to date with respect of collecting data on the use of caravan sites across the
county. He emphasised the importance of this particular project and the
potential implications to the Council if people were living on ‘holiday’ sites
all year round i.e. using local services whilst not subject to Council Tax and
the Council itself losing out on Revenue Support Grant (RSG) funding as these
residents were not included in population figures on which the RSG was based. The Lead Member and officers advised the Committee that:- ·
the draft
Caravan Regulatory Procedure, which set out the corporate approach for better
regulation of caravan sites, was being presented to Members seeking their
agreement to the principles contained within it; ·
a lot of
engagement had taken place with the British Holiday and Home Park Association
(BHHPA) with a view to establishing best practice in the industry and
encouraging the industry to effectively manage and regulate itself; ·
the BHHPA had recently arranged a joint conference at the
Nova in Prestatyn at which planning, licensing,
trading standards and business support information was provided to caravans
site owners. Responding to Members’ questions the Lead Member and
officers: ·
confirmed
that, whilst the enforcement of regulations relating to caravan sites across
the county seemed to be a big undertaking, they were of the view that with the
Service’s current staffing levels this was possible if the Service concentrated
on enforcement action on current and future breaches and breaches which had
occurred during the preceding 12 months; ·
whilst
breaches to planning or licensing conditions which had taken place more than 12
months ago would be identified and the caravan and caravan site owner would be
issued with a warning letter advising them of the contravention, officers may
decide not to follow-up on these historic cases. However, by law such
contraventions could be pursued if they had occurred within a period of up to
ten years. A decision would be taken on whether to pursue breaches which
had taken place more than twelve months ago based on the circumstances and
extent of each individual case, breaches which had occurred within the last
twelve months would be pursued as would future breaches; ·
alleged breaches
of conditions would be investigated from the perspective of both the caravan
owner and the caravan site owner/operator; ·
the issue of ‘lawful residency’ would be looked at
separately. Residents who were granted a ‘Certificate of Residency
Lawfulness’ would be liable for Council Tax and have access to certain
services. Further enquiries would be required with respect of this
aspect; ·
clarified
that if caravan owners investigated for unlawful occupation of holiday caravans
did confirm that they would conform in future with the planning an licensing
conditions, that would not affect any action to deal with previous breaches of
conditions; ·
advised that despite the fact that some council services
could be withdrawn from caravan owners who were in breach of planning and
licensing conditions by living in caravans on holiday sites, not all services
could be withdrawn or refused. Certain key services would by law be
required to be provided e.g. education and social care services. Following detailed consideration and discussion on the draft
regulatory procedures the Committee: RESOLVED – that subject to the above observations:- (i) to agree to the principles of the Regulatory Procedures as set out in Appendix 1 to ... view the full minutes text for item 10. |
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SCRUTINY WORK PROGRAMME PDF 71 KB To consider a report by the Scrutiny Coordinator (copy enclosed) seeking a review of the committee’s forward work programme and updating members on relevant issues. 12.15 p.m. Additional documents:
Minutes: A copy of a report by the
Scrutiny Coordinator, which requested the Committee to review and agree its forward work programme and which
provided an update on relevant issues, had been circulated with the papers for the meeting. A copy of the ‘Member’s proposal form’ had been included in Appendix
2. The Cabinet Forward Work Programme
had been included as Appendix 3, and a table summarising recent Committee
resolutions and advising on progress with their implementation, had been
attached at Appendix 4. The Committee considered its draft Forward Work Programme for future
meetings, Appendix 1, and the following amendments and additions were agreed:- 30th
June, 2016:- Review of the Home to School Transport Policy - The Committee
agreed that the findings of the review be examined if the review had been
concluded in time. The Scrutiny Chairs and Vice-Chairs Group had met on the 21st April, 2016 and no items had been referred to
the Committee for consideration. Members were informed by the SC that as Annual
Council had been held on the 10th May Scrutiny Committees had been
requested to appoint or re-appoint Members to serve on the Council’s Service
Challenge Groups. Appendix 5 included
the current list of Committee representatives.
Members were requested to note that some of the service names had
changed during the last year. Members agreed the following appointments to
the Council’s Service Challenge Groups:- Councillor A. Sampson be appointed to Children
and Family Services. Councillor C.H. Williams be appointed to
Planning and Public Protection, with Councillor W.L. Cowie as a substitute. RESOLVED –
that, subject to the above amendments and agreements, the Work Programme
as set out in Appendix 1 to the report be approved. |
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FEEDBACK FROM COMMITTEE REPRESENTATIVES To receive any
updates from Committee representatives on various Council Boards and Groups. 12.25 p.m. Minutes: RESOLVED –
No reports were received. Meeting ended at 12.45 p.m. |