To receive declarations of personal and prejudicial interest (if any) from Members/Officers in accordance with the provisions of the Members Code of Conduct adopted by Council from 1 September 2008 (including whipping declarations)

Councillor R Young declared a personal interest in agenda item 4, Enforcement, because his step grandson was recently employed by 3GS.

To receive for approval the minutes of the meeting of the 05/09/2019

RESOLVED:               That the Minutes of the meeting of Subject Overview and Scrutiny Committee 3 dated 5 September 2019, be approved as a true and accurate record.

Invitees

Mark Shephard, Chief Executive

Kelly Watson, Head of Legal and Regulatory Services

Cllr Richard Young, Cabinet Member for Communities

Zak Shell, Head of Operations Community Services

Kevin Mulcahy, Group Manager - Highways & Green Spaces

Sian Hooper, Cleaner Streets & Waste Contract Manager;

Rachel Jones, Corporate Procurement Manager;

Jason Evans, 3GS Regional Manager – South West Region

Phillip Angel, Traffic Management and Parking Team Leader

The Head of Operations - Communities submitted a report, the purpose of which was to present Committee with the responses to several questions raised by the Committee on various topics relating to Enforcement.

The Head of Operations – Communities gave an outline of the report, following which the Chairperson invited questions from Members.

A Member felt disappointed that the majority of Fixed Penalty Notices (FPNs) issued between April to September 2019, appeared to be mainly in relation to cigarette littering as opposed to any from fly tipping, general/food littering or dog fouling and enquired whether the enforcement was cost neutral. The Head of Operations – Communities confirmed that the contract was based on a cost neutral format and that the threshold when BCBC gets a return may not be until next year. He confirmed that dog fouling enforcement had commenced and would be highlighted in future updates on enforcement.  He noted the challenge of observing littering happening and explained that we have a presence now, and whilst officers may be enforcing mainly for cigarette littering, their presence is a deterrent to other littering.  He explained that whilst he would like to see more variety of enforcement the down side of the model of self-funding is that you can’t spend too much time catching someone out. He confirmed that fly tipping was still with BCBC officers.

A Member noted the response in respect of the cost neutral format, and enquired whether this covered the cost of the legal department.  The Head of Operations – Communities advised that this was a cost burden to the authority and recognised the challenge this raised in terms of resources. He noted the potential surplus which 3GS accrues over and above their operating costs with a 90:10 split in favour of the council.

A Member asked how Enforcement Officers were dressed. The Cleaner Streets & Waste Contract Manager confirmed that officers have logos and wear cameras, identifying them.

A Member enquired the reason for the replacement of 2 Enforcement Officers in September, giving the money that is put into training officers. The Cleaner Streets & Waste Contract Manager advised that this was a decision made by 3GS and related to one personal reason and one due to lack of performance.

A Member acknowledged the high percentage FPN’s issued in respect of cigarette littering and noted the impact of cigarette butts littering the environment and the toxic chemicals causing soil and water pollution respectively and highlighted the positives of reducing cigarette littering.

A Member referred to the information relating to locations of FPNs issued from April – September 2019, on page 19 of the report, and noted that it only showed limited locations e.g. there didn’t appear to show any FPN’s issued in Maesteg or the Valley’s?  The Cleaner Streets & Waste Contract Manager explained that it was still early days and this was a continuous process but that they did target specific events e.g. Porthcawl Elvis Festival. She confirmed that she was happy for members to identify any hot  ...  view the full minutes text for item 96.

The Head of Legal and Regulatory Services submitted a report, the purpose of which was to present to Members the feedback from the previous meeting of Subject Overview and Scrutiny Committee 3 for discussion, approval and actioning, and to place these in RAG status order in terms of the completion of any follow-up action.

RESOLVED:             That the Committee considered the attached feedback and Officer’s responses as shown at Appendix A to the report and allocated RAG status as follows, to the work areas so stated:

Members noted in section 7.5.2.1 of the consultation, the high percentage of general recreation users of the council's playing fields and/or pavilions.  Members raised concerns that a club taking over a facility could chose to fence off this facility, excluding the general public.  How will this work in the future if public open space is fenced off - Green

The consultation indicated a high percentage in support of play areas being maintained by town and community councils, but unfortunately, the question did not state that this could end up with the local council tax precept being increased to cover the cost of maintenance. Hence it is not clear how valid this support would be if the question had been more fully explained - Green

There was general support for the proposed reduction in frequency of grass cutting in certain areas where appropriate, but it was pointed out that just leaving some areas uncut is not a substitute for managing reduced cutting to enhance biodiversity - Red

A member queried whether play areas would be refurbished or upgraded before being handed over to a Town or Community Council - Green

Concern was expressed as to how standards of maintenance are going to be monitored in the future if there are a range of organisations maintaining sites to varying standards. There is a danger of the asset gradually deteriorating due to limited or poor / uncoordinated maintenance and hence the facility may be lost to the community and future generations. What safeguards are in place to prevent this and how is this going to work with reduced staff and resources at BCBC - Green

Members suggested the option of a collective services being purchased back from BCBC for the maintenance of play areas could be raised on a future TCC agenda.  It was noted that TCC's wold not have the qualified  staff to undertake the regular inspections and maintenance - Green

Members noted that the annual audit and independent inspection that needs to be undertaken on all play areas every 12 months, would be more cost effective if co-ordinated by BCBC with the appropriate re-charge being made to the town or community council - Green

Concern was expressed that the direction of travel within the report was geared towards meeting the MTFS, whereas this is not truly compatible with the Wellbeing of Future Generations Act - Green

Concern was expressed that the report is geared towards removing the subsidy that currently exists for the use of sports  ...  view the full minutes text for item 97.

The Head of Legal and Regulatory Services submitted a report, that:

a)    Presented the items prioritised by the Corporate Overview and Scrutiny Committee, including the next item delegated to Subject Overview and Scrutiny Committee 3;

b)    Asked the Committee to identify (if any) further items for consideration using the pre-determined criteria form.

Attached at Appendix A to the report was the overall FWP for the Subject Overview and Scrutiny Committees, which included topics prioritised by the Corporate Overview and Scrutiny Committee for the next set of Subject Overview and Scrutiny Committees in Table A, as well as topics that were deemed important for future prioritisation at Table B.

The Scrutiny Officer presented the Forward Work Programme and informed the Committee that in respect of the next round of committee meetings, the committee will consider the item on Budgets scheduled for January.  She informed the committee however that an email had been received from the Interim Deputy Head of Finance informing the committee that WG has delayed the settlement dates due to the election, so it is highly likely that the meetings in January will need to change again.

Members agreed that the meeting of Subject Overview and Scrutiny Committee 3 scheduled for the 27 January be kept free for potential changes to the budget meetings.  Members further agreed to consider the item on Homelessness Strategy (potentially alongside Supporting People Grant and Emergency Accommodation) in March and the item on Empty Properties in April/May.

Lastly, members were reminded that if they have any items they wish to put forward to scrutiny for consideration, to complete the criteria form and send to scrutiny officers for further scoping out.

RESOLVED:               That the report be noted.

To consider any item(s) of business in respect of which notice has been given in

accordance with Part 4 (paragraph 4) of the Council Procedure Rules and which the person presiding at the meeting is of the opinion should by reason of special circumstances be transacted at the meeting as a matter of urgency.

None

The meeting closed at 11.15am