Agenda, decisions and minutes

At this point, members are asked to declare any personal or prejudicial interests they may have in the business on this agenda.

Members were invited to declare at this point in the meeting any personal or prejudicial interests they might have in the business on the agenda.

Cllr Blanchard declared a personal non prejudicial interest in Agenda item 10 (Supplier & Contract Management System – Minute 38 refers) as a member of the Chamber of Commerce.

To consider the exclusion of the press and public from the meeting during consideration of the following:

Annex A to Agenda Item 6(Review and Strategy for the Commercial Property Portfolio) on the grounds that it contains information relating to the business affairs of the commercial tenants of the council. This information is classed as exempt under paragraph 3 of Schedule 12A to Section 100A of the Local Government Act 1972 (as revised by The Local Government (Access to Information) (Variation) Order 2006).

Agenda Item 7(Yorkshire Purchasing Organisation (YPO) Update) on the grounds that it contains information relating to the financial or business affairs of any particular person, including the authority holding that information.  This information is classed as exempt under paragraph 3 of Schedule 12A to Section 100A of the Local Government Act 1972 (as revised by The Local Government (Access to Information) (Variation) Order 2006).

RESOLVED:             That the press and public be excluded from the meeting during consideration of the following:

Annex A to Agenda Item 6(Review and Strategy for the Commercial Property Portfolio – Minute 34 refers) on the grounds that it contains information relating to the business affairs of the commercial tenants of the council. This information is classed as exempt under paragraph 3 of Schedule 12A to Section 100A of the Local Government Act 1972 (as revised by The Local Government (Access to Information) (Variation) Order 2006).

Agenda Item 7 (Yorkshire Purchasing Organisation (YPO) Update – Minute 35 refers) on the grounds that it contains information relating to the financial or business affairs of any particular person, including the authority holding that information.  This information is classed as exempt under paragraph 3 of Schedule 12A to Section 100A of the Local Government Act 1972 (as revised by The Local Government (Access to Information) (Variation) Order 2006).

To approve and sign the minutes of the meeting of the Executive Member for Corporate Services and Advisory Panel held on 11 September 2007.

At this point in the meeting members of the public who have registered their wish to speak regarding an item on the agenda or an issue within the Executive Member’s remit can do so.  The deadline for registering is Monday 29 October 2007, at 5.00 pm.

It was reported that there had been no registrations to speak under the Council’s Public Participation scheme.

To receive an update on the Resources Directorate items which are listed on the Forward Plan.

Members received an update on the Resources Directorate items which were listed on the Forward Plan.

It was reported that the Resources Departmental Strategy report which was scheduled for the Corporate Services EMAP meeting in December had now been deferred to the January EMAP meeting.

Advice of the Advisory Panel

That the Executive Member be advised:

(i)           That the update on the Forward Plan be noted.

Decision of the Executive Member

RESOLVED:That the advice of the Advisory Panel be accepted and endorsed.

REASON:To inform the Executive Member of the update of the Forward Plan.

Further to the introductory report to Corporate Services EMAP on 11 September 2007, attached to this report as Annex A is the exempt full report on the review of the Commercial Portfolio. The review forms a Service Asset Management Plan linking to the council’s approved Corporate Asset Management Plan. 

(Due to the size of confidential Annex A, hard copies have only been provided to Members and key officers, but copies are available on the Council’s intranet or from the report author (contact details are at the end of the report) or Democracy Support Group on 01904 551088.)

Advice of the Advisory Panel

That the Executive Member be advised:

(i)           That the report be received and the performance of the Commercial Portfolio be noted;

(ii)         That a yearly report on Performance Indicators as identified in the report be received;

(iii)       That any proceeds received from selling any of the properties suitable for disposal (excluding those receipts already committed to fund the approved capital programme) should be put into a fund to be used for future acquisitions and investments;

(iv)        That the views of Members expressed at the meeting be referred to the Executive on 20 November to inform the council’s future policy on its non-operational and operational Property Portfolios.

Decision of the Executive Member

RESOLVED:That the advice of the Advisory Panel be accepted and endorsed.

REASON:To provide Members input to the Commercial Property Review, to set targets for future performance and to identify actions on individual properties as determined at the meeting.

Further to the introductory report to Corporate Services EMAP on 11 September 2007, attached to this report as Annex A was the exempt full report on the review of the Commercial Portfolio. The review formed a Service Asset Management Plan linking to the council’s approved Corporate Asset Management Plan. 

Options and analysis relating to policy in respect of the properties were discussed at the meeting. Any properties which might be suitable for disposal would be the subject of a separate report, as this review focussed on performance and policy only.

Members suggested that any proceeds received from selling any of the properties suitable for disposal (excluding those receipts already committed to fund the approved capital programme) should be put into a fund to be used for future acquisitions and investments.

Members requested that a yearly report be brought to EMAP on the Performance Indicators identified in the report.

Advice of the Advisory Panel

That the Executive Member be advised:

(i)           That the report be received and the performance of the Commercial Portfolio be noted;

(ii)         That a yearly report on Performance Indicators as identified in the report be received;

(iii)       That any proceeds received from selling any of the properties suitable for disposal (excluding those receipts already committed to fund the approved capital programme) should be put into a fund to be used for future acquisitions and investments;

(iv)        That the views of Members expressed at the meeting be referred to the Executive on 20 November to inform the council’s future policy on its non-operational and operational Property Portfolios.

Decision of the Executive Member

RESOLVED:That the advice of the Advisory Panel be accepted and endorsed.

REASON:To provide Members input to the Commercial Property Review, to set targets for future performance and to identify actions on individual properties as determined at the meeting.

This report provides an update on the current position regarding recent events at the Yorkshire Purchasing Organisation (YPO), further to the report brought to Corporate Services EMAP in September 2007 and Members’ request at that meeting to be kept informed of the situation as matters progressed. 

Advice of the Advisory Panel

That the Executive Member be advised:

(i)           That the contents of this report and the intention of the report author to bring an informal verbal update on this matter to Members at the December EMAP 2007 meeting be noted.

Decision of the Executive Member

RESOLVED:That the advice of the Advisory Panel be accepted and endorsed.

REASON:To update Members on recent events at the YPO further to the report brought to Corporate Services EMAP in September 2007 regarding this matter.

Members considered a report which provided an update on the current position regarding recent events at the Yorkshire Purchasing Organisation (YPO), further to the report brought to Corporate Services EMAP in September 2007 and Members’ request at that meeting to be kept informed of the situation as matters progressed. 

Advice of the Advisory Panel

That the Executive Member be advised:

(i)           That the contents of this report and the intention of the report author to bring an informal verbal update on this matter to Members at the December EMAP 2007 meeting be noted.

Decision of the Executive Member

RESOLVED:That the advice of the Advisory Panel be accepted and endorsed.

REASON:To update Members on recent events at the YPO further to the report brought to Corporate Services EMAP in September 2007 regarding this matter.

This report advises Members of the necessary actions to ensure the Council’s obligations under these regulations are met, highlighting duties within the authority and the necessary protocols to ensure adherence, for endorsement by Members.

Advice of the Advisory Panel

That the Executive Member be advised:

(i)           That Option B be endorsed for action across Directorates involved in construction design and management.

Decision of the Executive Member

RESOLVED:That the advice of the Advisory Panel be accepted and endorsed.

REASON: The Council is vulnerable under the Health & Safety at Work Act if construction design and management and the safe operation of buildings is compromised. The current position is that the design of buildings, the project management of construction work and the operation of premises may be carried out by various sections within the council, including schools, without real direction or monitoring in the application of the CDM Regulations.

This should not be allowed to continue. Formal channels for the development of projects and the safe management of buildings under an auditable regime relative to the CDM Regulations should be put in place.

Members received a report which advised of the necessary actions to ensure the Council’s obligations under the Construction (Design & Management) regulations (CDM) are met, highlighting duties within the authority and the necessary protocols to ensure adherence, for endorsement by Members.

Members were presented with two options:

Option A – Do nothing

Option B - Project Board representation of, or referral by sponsors to, professional teams with CDM experience for CDM Regulations compliance. Delegation of CDM tasks and duties on all projects to the Council’s professional teams, with exception of budgeting. Set up CDM Co-ordinator framework and briefing for ‘client’ teams.  This was the recommended option.

Members queried who was the client in relation to schools. Officers reported that it was the LEA and that there was a need to speak to the Learning, Culture and Children’s Services (LCCS) directorate, the LEA, and schools about compliance with the CDM regulations so that schools were not put at risk of negligence.

Advice of the Advisory Panel

That the Executive Member be advised:

(i)           That Option B be endorsed for action across Directorates involved in construction design and management.

Decision of the Executive Member

RESOLVED:That the advice of the Advisory Panel be accepted and endorsed.

REASON: The Council is vulnerable under the Health & Safety at Work Act if construction design and management and the safe operation of buildings is compromised. The current position is that the design of buildings, the project management of construction work and the operation of premises may be carried out by various sections within the council, including schools, without real direction or monitoring in the application of the CDM Regulations.

This should not be allowed to continue. Formal channels for the development of projects and the safe management of buildings under an auditable regime relative to the CDM Regulations should be put in place.

This report informs Members of the progress made by the Insurance service during 2007/08.  It considers the team’s key achievements in relation to the effective and efficient management of the insurance portfolio; in particular, performance of the insurance funds, efficient management of claims and Employers’ Liability trends.

Advice of the Advisory Panel

That the Executive Member be advised:

(i)           That the contents of this report and the progress and significant contribution made by the service to VFM at the Council be noted.

Decision of the Executive Member

RESOLVED:That the advice of the Advisory Panel be accepted and endorsed.

REASON:To advise Members of the insurance issues affecting the Council and the success of the insurance self-funding programme.

Members received a report which informed of the progress made by the Insurance service during 2007/08.  It considered the team’s key achievements in relation to the effective and efficient management of the insurance portfolio; in particular, performance of the insurance funds, efficient management of claims and Employers’ Liability trends.

Members congratulated staff on the progress made by the Insurance service and noted how important the capital programme was in helping to lower costs to Insurance.

Advice of the Advisory Panel

That the Executive Member be advised:

(i)           That the contents of this report and the progress and significant contribution made by the service to VFM at the Council be welcomed.

Decision of the Executive Member

RESOLVED:That the advice of the Advisory Panel be accepted and endorsed.

REASON:To advise Members of the insurance issues affecting the Council and the success of the insurance self-funding programme.

The purpose of this paper is to inform Members of the progress made in implementing and deploying the Supplier and Contract Management System (SCMS) at City of York Council.

Advice of the Advisory Panel

That the Executive Member be advised:

(i)           That the progress made to date in implementing and embedding the SCMS system be noted;

(ii)         That  the Project plan attached as Annex 1 to this report be noted.

Decision of the Executive Member

RESOLVED:That the advice of the Advisory Panel be accepted and endorsed.

REASONS:To advise Members of the progress made to date in delivering the SCMS project plan.

To advise Members of the contents of the project plan developed to deliver SCMS across the organisation

Members considered a paper which informed Members of the progress made in implementing and deploying the Supplier and Contract Management System (SCMS) at City of York Council.

The introduction of the SCMS system would significantly improve the way in which procurement was carried out at the Council providing accurate management information, transparency, formal commissioning processes and engagement of suppliers.  Once fully populated it would assist in identifying any un-contracted spend or spend outside of corporate contracts. A robust approach had been taken to its implementation to ensure the successful delivery of the project. 

Members queried whether all procurement would go through the SCMS system. Officers reported that small to medium sized businesses might not be able to use the system and so there was a need to provide the traditional ways to tender, however these tenders would be entered onto the system by officers to provide a comprehensive audit trail of activity and a complete electronic register of contracts. Further information was requested on the costs of supporting the two systems and whether it would be legally possible to put all procurement through the SCMS system. Officers reported that they would investigate the costings, check with legal services whether just using the SCMS system would be discriminatory practice and email the findings to members.

Advice of the Advisory Panel

That the Executive Member be advised:

(i)           That the progress made to date in implementing and embedding the SCMS system be noted;

(ii)         That  the Project plan attached as Annex 1 to this report be noted.

Decision of the Executive Member

RESOLVED:That the advice of the Advisory Panel be accepted and endorsed.

REASONS:To advise Members of the progress made to date in delivering the SCMS project plan.

To advise Members of the contents of the project plan developed to deliver SCMS across the organisation

This report advises Members of the introduction of the Local Housing Allowance from April 2008 and its implications for the calculation and payment of Housing Benefit. This report is for information only and no decision is required.

Advice of the Advisory Panel

That the Executive Member be advised:

(i)                 That the content of this report be noted

(ii)               That it be noted that further advice will be provided to Members once the regulations have been published and more detail about the scheme is known.

(iii)             To write to the minister to express concerns about the impact of extending the Broad Rental Market Area (BRMA) on York.

Decision of the Executive Member

RESOLVED:That the advice of the Advisory Panel be accepted and endorsed.

REASON:To keep the Executive Member informed of changes in legislation that impact on the processing and payment of Housing Benefit.

Members received a report which advised Members of the introduction of the Local Housing Allowance from April 2008 and its implications for the calculation and payment of Housing Benefit. This report was for information only and no decision was required.

Members raised concerns about the extension of the Broad Rental Market Area (BRMA) for York into rural parts of the East Riding of Yorkshire and parts of Selby, which may result in a lower median rent, and the impact this would have on York where rents were higher than these areas. It was agreed that the Executive Member would write to the minister to express concern about extending the BRMA.

Advice of the Advisory Panel

That the Executive Member be advised:

(i)                 That the content of this report be noted

(ii)               That it be noted that further advice will be provided to Members once the regulations have been published and more detail about the scheme is known.

(ii)        To write to the minister to express concerns about the impact of extending the BRMA on York.

Decision of the Executive Member

RESOLVED:That the advice of the Advisory Panel be accepted and endorsed.

REASON:To keep the Executive Member informed of changes in legislation that impact on the processing and payment of Housing Benefit.

This report is for information only and gives an update on progress against the Gershon efficiency targets in the light of the 2006/07 out-turn (backward look) and the 2007/08 forecast (forward look).

Advice of the Advisory Panel

That the Executive Member be advised:

(i)           That the progress against the Gershon efficiency targets be welcomed and noted.

Decision of the Executive Member

RESOLVED:That the advice of the Advisory Panel be accepted and endorsed.

REASON:                        To inform the Executive Member.

Members considered a report which was for information only and gave an update on progress against the Gershon efficiency targets in the light of the 2006/07 out-turn (backward look) and the 2007/08 forecast (forward look).

Members welcomed the report and thanked officers for achieving the Gershon efficiency targets.

Advice of the Advisory Panel

That the Executive Member be advised:

(i)           That the progress against the Gershon efficiency targets be welcomed and noted.

Decision of the Executive Member

RESOLVED:That the advice of the Advisory Panel be accepted and endorsed.

REASON:                        To inform the Executive Member.