• To introduce a maximum expenditure of £25,000 for adaptation work carried out to council homes referred to under the Chronically Sick and Disabled Persons Act 1970 and that all applicants are subject to the national test of financial resources. [means test] 11
• This approach is in line with the Private Sector Housing Renewal Policy (adopted in July 2003) 11
12. IMPLICATIONS OF THE DISABILITY DISCRIMINATION ACT 13
Members: S J Anderson, H Bettison, D G R Buckle, H E Elliott, G E Miller, J M F Nesbit, F I Simpson, J N Simpson, J W Stephenson,
J Waterhouse, W G R Weeks and M Young.
If you have any enquiries about items on this Agenda, please contact Judith Turnbull, Tel: (01289) 301720
AGENDA
PART 1
The Meeting will be open to the Press and Public during consideration of the items set out in Part 1 of this Agenda.
1. DECLARATION OF INTEREST
Members are invited to declare any interest they may have in any of the items included on the Agenda for this Meeting.
Note: Any Member wishing to seek clarification as to whether it may be appropriate to declare an interest in respect of any item on this Agenda should seek the advice from the Chief Executive or Borough Solicitor at least one working day before the Meeting.
2. MINUTES OF THE MEETING OF POLICY (ENVIRONMENT) HELD ON 2nd JUNE 2004
To receive and endorse the Minutes of the Meeting of Policy (Environment) held on 2nd June 2004, already circulated.
3. PROVISIONAL GENERAL FUND REVENUE OUTTURN 2003/04
Report Author: Richard Dell Head of Finance (Accountancy and Audit) Tel: (012890 301730. Email rd@berwick-upon-tweed.gov.uk
Summary:
• Draft summary pages provided showing spend against budget for 2003/04
• Request to carry forward budget into 2004/05
• Report being considered by FBR working party on 15th July
Report:
*** A summary of the General Fund out-turn is enclosed together with a summary for each committee. There is a net under-spend of £155,122 for Policy Environment Committee compared with the latest estimate but an overspend compared with the original budget. However a carry-forward request of £67,935 has already been agreed and further requests are set out in this report.
Policy Environment Committee
(under)/overspend
£
Environmental Health Services – This is a combination of delayed recruitment (£11,683) and new computer (£67,935) where a carry forward of expenditure has been agreed.
(80,671)
Public Conveniences – This is partly an underspend of repairs (£8,973) and service management (£1,799) which also results from a key vacancy which has now been filled. For this reason a carry forward has been requested.
(12,108)
Local licensing – The underspend is entirely advertising which could not be spent due to the delay in central government implement detailed regulations for the transfer of licensing and is a carry forward request.
(5,437)
Street sweeping- this is due to contractor charges which have been subject to re-negotiation due to the extension of the contract.
5,158
Miscellaneous – Community Safety expenditure was greater than budgeted but it has been possible to cover more through support from NCC than expected.
(10,274)
Benefit administration – Discretionary housing payments were less than budgeted (£4,374). Sanctions income from Benefit Fraud were much higher than anticipated and this is subject to a carry-forward request.
(15,960)
Rent allowances – Expenditure on rent allowances was £1,553,000 compared with a budgeted £1,581,000. This reduction in demand is offset by a reduction in grant but is a net benefit to the authority because rent allowances are not fully funded by central government.
(14,869)
Improvement grants – Grant offers were made up to the maximum but a significant amount of work was not completed by grant recipients. This is an area where we will have to over-commit grants and take a risk if this budget is to be fully spent.
(12,442)
Housing GF Miscellaneous – There has been a reduction in war pensions related payments.
(5,450)
Total of other committee variances on seven main budget heads
(3,069)
Total Policy Environment Committee
(155,122)
Carry-forward requests
£
Environmental Health Services
Delay in Pest Control delivery due to timing of nesting season
4,290
Public Conveniences
Repairs and maintenance not completed by 31 March
8,970
Local Licensing
Set up costs not defrayed due to timing of filling post
5,000
Benefit administration
Fraud surveillance equipment funded through increased sanctions income.
Carry forward of sanctions income to help fund joint working with DWP
1,500
11,330
Implications:
Best Value and Best Practice:
The draft out-turn position has been reported at the earliest opportunity in order that timely financial management decisions can be made.
Recommendations:
(i)To note the draft out-turn position; and
(ii) To recommend to Policy (Corporate Services and Regeneration Committee a carry forward of budgetary provision totalling £31,090 as set out in the report.
4. HOUSING REVENUE ACCOUNT PROVISIONAL OUT-TURN FOR 2003/04
Report Authors: Helen Bury, Head of Property and Housing, Tel (01289) 301830. Email hlb@berwick-upon-tweed.gov.uk; and Richard Dell, Head of Finance (Accountancy and Audit) Tel (01289) 301730. Email rd@berwick-upon-tweed.gov.uk
Summary
• Housing Repairs expenditure contained within revised estimates
• Main overspend on estimate of rents due to right to buy sales
Background:
*** The summary pages for the Housing Revenue Account are enclosed with the Agenda.
The aim with regard to the Housing Revenue Account has been to keep the balances as close to £500,000 as possible as this conforms to guidance on appropriate reserve levels. The revised estimate for 2003/04 had estimated year-end balance of £599,885 but this is then budgeted to fall to £513,655 by the end of 2004/05. The draft outturn in the enclosure shows a balance of £502,131 at 31 March 2004 which is a reduction of £97,754 compared with the revised estimate.
The major overspend was due to rental income being £134,017 less than budgeted. Members were advised that there could be a significant variance on this budget head earlier this year. The main problem has been in the way right to buy sales have been estimated. Calculations for rent estimates were based on 60 right to buys during the year but the actual figure was 106. The continuing decrease in housing stock will be a significant factor in the financial projections for updating the business plan this year. Other variances are set out below.
Housing Repairs (£13,992 underspend)
Members will recall that the repairs budget had to be increased by £104,850 during the year and so the increased pressures have been successfully contained.
Interest (£12,929 underspend)
A by-product of increased right to buy sales is increased interest due to the HRA from investments.
Rent rebates
A £17,853 increase in rent rebates is matched almost entirely by increased rent rebate subsidy and so has a net effect of nearly zero
Supervision and Management General (overspend of £12,075)
There were a number of variances on expenditure which netted to an overspend of £4,265. Income was £7,840 less than expected which was almost entirely due to a reduction in water rate commission.
Supervision and Management Special (underspend of £8,624)
This was mainly due to a reduction in expenditure on repairs and maintenance of play equipment (£5,619) and employee costs (£3,507).
Sheltered Housing and Homecare (underspend of £15,685)
The main elements of underspend were equipment and tools (£11,759), repairs and maintenance (£5,052) and heating, lighting and cleaning. (£4,003). This was offset by income from fees and charges being £4,498 less than expected. Significant savings have been realised as a result of the re-tendering exercise carried out during 2002/03 and selection of a new provider in respect of the maintenance of the home care alarm system. This contract commenced in April 2003.
Recommendation:
To note the draft outturn.
5. HOUSING INVESTMENT PROGRAMME PROVISIONAL OUT-TURN FOR 2003/04
Helen Bury, Head of Property and Housing, Tel: 01289 301830 and Richard Dell Head of Finance (Accountancy and Audit) Tel: 01289 301730.
Summary:
• Expenditure reported against revised estimate
Report:
*** The summary page for the Housing Investment Programme (HIP) is enclosed with the Agenda. The expenditure in 2003/04 was £2,044,550 compared with a revised estimate of 2,404,900. This is an underspend of £360,350. The largest contract at Highfields was £6,602 (0.8%) over the original estimate of £755,191. The overspend is due to retention monies from previous years works and it must also be borne in mind that this is an ongoing contract.
There was an underspend of £109,867 (£78,486 on main Improvement grants and £31,381 on Disabled Facilities Grants). In both cases expenditure at the end of the financial year had been committed and it must be remembered that although this Council is the administrative authority for payment of grants, in the case of Disabled Facilities Grants (DFGs) the programming of such works is to a very large extent outwith our control. This, along with the clinical assessments, is the province of NHS Care Trust staff in conjunction with their clients. In the case of DFGs, 60% is funded by central government grant and the underspend results in a loss of grant of some £18,828. In order to maximise grant, the Council would have to “over programme” offers for DFGs. In the unlikely event of all work being completed within the year, the Council would have to finance the difference itself. Otherwise, unclaimed grant would be rolled forward against the next year’s grant monies. It is proposed that DFGs be over-programmed by a fixed £20,000 in order to improve take-up of central government grant.
The other main underspends were on Newfields kitchens (£91,079) and Kitchen Heating Replacements at Seahouses/Ellingham/Bamburgh. In both cases work was on-going at year end but we have to apply very strict rules about what is charged into accounts for a year, although the main reason for the underspend at Newfields was due to contract savings on the tender for this work (Strategic Partnership Agreement) and retention monies being included in this figure but falling due next financial year. With regard to Seahouses/Ellingham/Bamburgh, delays were experienced as a result of the utility services.
It is anticipated that final out-turns for the HIP, subject to Quantity Surveyor’s final re-measurement, will be available during the autumn period. A revised estimate will be presented to committee at this time following the audit of the accounts.
Implications:
Financial/Legal/Personnel:
Members are reminded that capital works are generally of a much longer timeframe than revenue. Apart from Disabled Grants, there is no loss to the Authority of works being delayed.
Recommendations:
(i) To note the spending position for 2003/04; and
(ii) To agree that Disabled grants are over-programmed for 2004/05 by £20,000
6. RE-OPENING OF PUBLIC CONVENIENCES AT SCOTTS PARK, WOOLER
Report Author: Rob Marriner, Director of Environment Tel No: (01289) 301820. Email ram@berwick-upon-tweed.gov.uk
Summary
• Wooler Parish Council have requested re-opening of public conveniences
• There will be an additional cost
• Unfulfilled need has not been evidenced
Report:
Members may be aware that the public conveniences in Scotts Park, Wooler were closed in 1998 in order to achieve budgetary savings. The construction of the facility was funded by the Parish Council but the Borough Council managed and maintained the facility in common with the rest of the public convenience service throughout the Borough.
The Parish Council link their request to the removal of the Padgepool Place facilities which are to be demolished as part of the Wooler Health Centre Development. They suggest that re-opening of Scotts Park will satisfy some of the displaced demand and that there is a greater need in Scotts Park linked to the operation of the skatepark. Members will be aware that the facilities at Wooler Bus Station lie between Padgepool Place and Scots Park and that displaced demand is more likely to be satisfied by the Bus Station.
This convenience consists of separate male and female facilities which are constructed to an accessible standard. The facilities are operated on an unstaffed basis, without charge for use. The cleaning regime for the facility is the same as other conveniences and it is anticipated that this could be added to the existing public convenience cleaning contract.
An estimate of the running costs has been made on the basis of the last full year of operation adjusted for inflation. The annual cost of re-opening the unit is estimated to be £3,500.
Members are asked to consider whether Scotts Park public conveniences should be re-opened and if so recommend that a supplementary estimate of £2,350 be agreed to fund operation from 1st August 2004.
Implications:
LA21:
Re-opening the facilities may go some way towards meeting the basic needs of some members of the community but this has not been quantified
Equal Opportunities:
The facilities were designed to comply with accessibility standards at the time of construction and are believed to be compliant with the DDA
Best Value and Best Practice:
The Best Value Improvement Plan recommended that additional public convenience provision only be provided when unsatisfied demand could be demonstrated. Quantifiable evidence has not been provided in this instance, and Members may wish to request this be provided by the Parish Council. The result of Best Value reviews must be taken into account during decision making and the implications of acting contrary to an improvement plan must be justified.
Financial/Legal/Personnel:
Although the Parish Council suggest that Scotts Park will effectively replace the Padgepool Place provision the savings from this closure were previously built into the budget. Any additional expenditure required from the re-opening will require approval of a supplementary estimate of £2,350 with an ongoing cost of £3,500 in future years. It is not believed that any significant start up costs will be required if the facilities are re-opened.
Recommendation:
That the request from Wooler Parish Council to re-open the public conveniences at Scotts Park, Wooler be refused.
7. APPLICATION FOR FUNDING OF TWIN BIN KERBSIDE COLLECTION
• To advise Members of the result of the Council’s recent application for funding under the Government scheme for recycling initiatives.
Report:
Members will recall that Policy (Environment) Committee on 26th November 2003 agreed that an application should be made to the third bidding round of DEFRA National Waste Minimisation and Recycling Fund. The value of the bid amounted to £297,000 and was designed to enable second bins to be bought for the remaining 7,500 domestic properties in the Borough and included the cost of an additional refuse collection vehicle to assist in the task of servicing the bins. The costs of promotional material and personnel employed to ensure the success of the venture was also part of the application.
The results were announced in mid-February and we were informed by DEFRA that our bid under the third round had been unsuccessful. The general fund was oversubscribed by almost three times. Further information was requested from DEFRA which could be used to improve our chances of success in the future and this has now been received. Useful information on the presentational aspects of the bid will be used in future, but a significant issue for a second time has revealed that our bid was considered expensive, compared to others evaluated. Officers have examined this prior to submission of this and previous bids and there seems little scope to address this whilst an additional vehicle is required.
If the Council are to continue improvement in its recycling rate in order to achieve the target levels, set under the Joint Municipal Waste Management Strategy for Northumberland in 2003 of 18% by 2005/06 and 33% by 2010, then alternative sources of funding will need to be identified.
Although opportunities for external funding will continue to be examined and attempts made to secure such funding whenever possible, it is proposed to include costings for direct funding of additional bins, including cost of distribution and associated promotional work during the next round of budget proposals for the financial year 2005/06.
There are presently approximately 750 blue bins in storage which could be put out this year to provide a small extension of the properties served by twin-bin collection. Discussions are to be held with all interested parties to determine the next stage of the roll-out of the remaining stock to the most appropriate Wards in the Borough. It is proposed to utilise the grant of £4,336 which was awarded .from Defra as our share of the £20m targeted recycling grant for 2004/05, during this stage of our kerbside collection programme.
Implications:
Local Agenda 21:
Without additional funding there will only be a limited improvement of the service to a small number of properties using the bins that remain in stock from our previous bid.
Best Value and Best Practice:
The failure of the bid will affect our ability to expand the scheme to additional 7,500 households and meet our recycling target of 18.5% by 2005/06.
Financial/Legal/Personnel:
There are no implications leading directly from the report but a request to consider funding for roll out of the recycling scheme will be included in the budget process for 2005/6.
Recommendation:
To note the report.
8. MEMORANDUM OF UNDERSTANDING BETWEEN THE WASTE DISPOSAL AUTHORITY AND THE WASTE COLLECTION AUTHORITIES OF NORTHUMBERLAND
Report Author: Ross Buchanan, Principal Environmental Health Officer Tel (01289) 301735. Email rb@berwick-upon-tweed.gov.uk
Summary:
• Memorandum of Understanding over the collection and treatment of waste for recycling.
Report:
Members will recall that there is a joint Municipal Waste Management Strategy for Northumberland developed between the County Council, which acts as Waste Disposal Authority and the District and Borough councils who are the waste collection authorities. The Group was successful in securing £34 million for a Private Finance Initiative (PFI) to fund waste reception, processing, treatment and disposal facilities.
*** A tendering process is now underway to find a commercial partner to design, build and operate these facilities over the next 28 years. In order to assure bidders for the contract that the project is viable and to encourage them to bid competitively, a Memorandum of Understanding has been developed by a Joint Officers Working Group and was presented to the Waste Management Members Steering Group on 21st June 2004, a copy of which is enclosed for information. The memorandum is an operational document setting out what each of the parties – the local authorities and the PFI Contractor, can expect from the Contract. It is not legally enforceable or a formal contract. The Memorandum sets out how each of the parties will work and communicate with each other. It is based on collection authorities developing service requirement plans indicating how much waste they expect to deliver to the PFI facilities over a five-year period. It also details marketing arrangements for materials delivered for recycling and ways in which legislative and other changes will be dealt with.
Implications:
Local Agenda 21:
Adoption of the Memorandum will improve the ability of the Northumberland authorities to recycle waste in the county reducing the demand for landfill facilities.
Best Value and Best Practice:
Working with the other parties to the Memorandum will improve this Authority’s ability to meet statutory performance indicators relating to recycling.
Financial/Legal/Personnel:
Agreeing to the Memorandum of Understanding does not require this authority to undertake any expenditure or activities which they would not otherwise have undertaken in fulfilling their statutory duties.
There is modest commitment of Officer and Member time in attending meetings of the Joint Waste Management and Steering Groups. Officer time will be required for the preparation of the Service Plan once the format of this is decided.
Recommendation:
That a recommendation is made to Council that Berwick-upon-Tweed Borough agrees to support the Memorandum of Understanding and that the Council continues to be represented on the Joint Waste Officers Working Group and the Members Steering Group.
9. HEALTH AND SAFETY SERVICE PLAN
Report Author: Ross Buchanan, Principal Environmental Health Officer, Tel (01289) 301735. Email rb@berwick-upon-tweed.gov.uk
Summary:
• A Health and Safety service plan has been produced
Report:
*** The Council has a duty to carry out its enforcement responsibilities under the Health and Safety at Work Act etc. 1974 (The Act) in those workplaces allocated to it by the Enforcing Authority Regulations 1998. The Health and Safety Commission (HSC) oversees the carrying out of these functions by both local authorities and the Health and Safety Executive. Section 18(4) of the Act allows the HSC to issue mandatory guidance to the enforcement authorities on how it wishes them to discharge their responsibilities. Part of this guidance requires that the Authority produces a service plan setting out the priorities of the authority and its aims and objectives for the enforcement of health and safety. A Service plan is therefore attached for consideration and approval.
Implications:
Best Value and Best Practice:
The Council has adopted a local performance indicator for responses to requests for health and safety information. Members may wish to consider a local performance indicator for achievement of planned inspections.
Financial/Legal/Personnel:
Local Authorities are required to provide a trained and competent inspectorate and have the capacity to investigate workplace accidents and investigate complaints. This is normally done by appointing suitably qualified persons as Health and Safety Inspectors. Inspectors have a wide range of powers available to them to enforce the provisions of the Act including powers of entry, seizure of records and dangerous articles and equipment, service of prohibition and improvement Notices and institution of legal proceedings. Three Environmental Health staff are currently appointed as Inspectors under the Act. As detailed in the Service Plan existing commitments mean that premises inspection duties cannot be fully met by the existing staff and some of the work will require the use of contractors. Funds have previously been agreed for this purpose.
Recommendation:
To accept the Health and Safety Service Plan for 2004-2005.
10. INDEPENDENT TENANTS ADVISOR – APPOINTMENT OF CONSULTANTS
Report Author: Helen Bury, Head of Property and Housing, Tel: (01289) 301830. Email hlb@berwick-upon-tweed.gov.uk
Summary:
• Quality assessment and evaluation of PS Consultants has now been completed in close consultation with the Tenant Customer Panel
• To recommend the appointment of this consultancy organisation
• To seek a supplementary estimate of £10,000 to meet the full costs of their tender submitted.
Report:
At the meeting of the Policy (Environment) Committee held on 2nd June 2004, Members agreed the minutes of the meeting of the Housing Stock Options Working Group, held on 1st June. The resolution required a quality submission to be undertaken on the tender received by PS Consultants. It was also resolved that tenders submitted by First Call and LIBRA be rejected because information essential to the tender evaluation process had not been returned.
The quality assessment of the tender submitted by PS Consultants has now been completed. This was carried out in conjunction with the Tenant Customer Panel. Based on the criteria set, taking into account level of relevant experience, key project personnel, project management, services to tenant customers and information systems, an overall score of 80% was awarded to this tender, based on quality assessment. The Tenant Customer Panel has also interviewed 2 members of the proposed project team and is happy that this organisation is appointed to undertake this work.
PS Consultants also provided all necessary documentation with their tender, including insurance certificates, audited accounts, references and examples of publicity and training material and practice brochure.
Subject to the financial implications below, it is proposed that PS Consultants be appointed as Independent Tenants Advisors.
Implications:
Best Value and Best Practice:
The work for the ITA was advertised in the national weekly housing journal, “Inside Housing”. We have therefore tested the market for this work in line with financial regulations and Government Office requirements.
The ITA will provide independent advice and information to tenant customers on the options appraisal process.
Financial/Legal/Personnel:
Members will recall that the overall tender evaluation criteria agreed for this work was 60% quality: 40% price. Members will also recall that all three tenders received in May exceeded the amount budgeted at £15,000. Since only one tender has been deemed valid, a quality submission has only been undertaken on this one and therefore no comparisons against cost and quality of all three tenderers can be made available, with their overall scores. The tender submitted by PS Consultants satisfies the criteria of this part of the tender submission, as highlighted above.
The total cost of PS Consultants’ tender is £24,940. A supplementary estimate of £10,000 from the General Fund is therefore sought to meet the above cost. Virement is not a possibility.
Recommendations
(i)To appoint PS Consultants for the work of Independent Tenant Advisor; and (ii) approve a supplementary estimate of £10,000 to meet the full costs of the tender submitted by this organisation.
11. DISABLED ADAPTATIONS POLICY – COUNCIL HOUSING
Report Author: Helen Bury, Head of Property and Housing, Tel: (01289) 301830. Email hlb@bewick-upon-tweed.gov.uk
Summary:
• To introduce a maximum expenditure of £25,000 for adaptation work carried out to council homes referred to under the Chronically Sick and Disabled Persons Act 1970 and that all applicants are subject to the national test of financial resources. [means test]
• This approach is in line with the Private Sector Housing Renewal Policy (adopted in July 2003)
Report:
At the present time, the Council meets 100% of the costs of adaptation work to homes in their ownership whereas owner/occupiers and private sector tenants (including Housing Associations) can only apply for assistance via a means–tested Mandatory Disabled Facilities Grant.
These proposals will introduce the changes to current arrangements for the management and funding of all disabled adaptation works to council homes where a referral is received from NHS Care Trust under the Chronically Sick and Disabled Persons Act 1970.
In July 2003, Members adopted a comprehensive policy covering the repair and improvement of private sector housing in the Borough. The Private Sector Housing Renewal Policy was formulated in line with Government requirements under The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002
This policy reaffirmed that the Council will award mandatory disabled facilities grants according to the governing legislation and guidance issued by central government which determines, amongst other things, the type of work that can be funded.
• The maximum contribution that may be made is £25,000.
• All applications will be subject to the national test of financial resources.
• All referrals for grant assistance must be via the Health Care Professionals (e.g. Occupational Therapists).
It is proposed that this policy be applied to all referrals for disabled adaptation to council housing. The reasons for this approach are set out as follows:
• It will ensure consistency and parity across all housing tenures in the Borough;
• It will aid management of expenditure on such works which, in view of NHS Care Trust staff, can be extremely difficult to forecast and control. During 2002/03, as a result of a very high number of referrals by Occupational Therapists and Care Managers, expenditure for 2003/04 had been committed. Consequently, a backlog of referrals had accumulated and, at the present time, there are 94 referrals that are required to be undertaken. However, there remains a risk that the cost of referrals will continue to outstrip resources allocated.
• It will prevent liability on the part of the Council to resourcing in full high cost adaptation work, costs in excess of £25,000 will need to be met by alternative funders/organisations.
With regard to the test of resources [means test], it must be recognised that some tenants may not be eligible for 100% financial Council contribution towards the adaptation work and would have to meet the costs of this work in full or in part directly.
Implications;
Best Value and Best Practice:
Consultation has been carried out with staff from the Northumbria NHS Care Trust. Further consultation regarding the implementation of any change will continue.
The Tenant Customer Panel has also been consulted on these proposals and members have been overall supportive of these.
Recommendations:
(i) To approve the changes proposed; and
(ii) To report an implementation date at a future meeting.
12. IMPLICATIONS OF THE DISABILITY DISCRIMINATION ACT
Report to follow.
13. EXCLUSION OF THE PRESS AND PUBLIC
The Committee are asked to consider passing the following resolution:-
That under Section 100A(94) of the Local Government Act 1972, the press and public be excluded from the Meeting during consideration of the following item on the grounds that it is likely to involve the disclosure of exempt information as defined in Part 1 of Schedule 12A of the Act.
Item 14 – Category 9 – “Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.”
Item 15 Category 8 – “The amount of expenditure proposed to be incurred by the authority under any particular contract for the acquisition of the supply of goods and services.
14. CHARTER MARKET
*** To consider the enclosed confidential report.
15. EXTERNALISATION OF ELECTRICAL MAINTENANCE SERVICES
