To receive any apologies for absence.

Apologies for absence were received from Mr R Guselli and Mr W Whalen.

To note that Mr T Allison and Mr J McCreesh have been appointed to the Board in place of Mr T Clare and Mr R Wilson.

Mr T Allison and Mr J McCreesh had been appointed to the Board in place of Mr T Clare and Mr R Wilson respectively.

Mr K Little and Mr M Stephenson had replaced Mr W Whalen and Mr R Guselli respectively as a member of the Board for this meeting only.

To disclose any personal and prejudicial interests relating to any item on the agenda.

NB   The following is a summary of what constitutes a personal interest and a personal and prejudicial interest.  Please seek advice or refer to the Code of Conduct (paragraph 8) for full definitions.

Personal Interests

You have a personal interest if the issue being discussed in the meeting affects the well-being or finances of you, your family or your close associates more than most other people who live in the Electoral Division affected by the issue.

Personal interests are also things that relate to an interest you must register.

N.B. If the personal interest arises because of your membership of another public body, you only need to declare it if you intend to speak.

A personal interest should be declared as follows:

I have a personal interest in agenda item […] regarding the report on […] because I am […].

Personal and Prejudicial Interests

If you have a personal interest in a matter you will also have a prejudicial interest in that matter if the interest is one which a member of the public, with knowledge of the relevant facts, would reasonably regard as so significant that it is likely to prejudice your judgement of the public interest.  If you have a personal and prejudicial interest you must withdraw from the meeting room for that item, unless you are there to make representations and the public have the same opportunity to do so

NB You only have a prejudicial interest if the matter

• affects your financial position or that of your family, close associate, employer etc or it
• relates to a regulatory matter

A personal and prejudicial interest should be declared as follows:

I have a personal and prejudicial interest in agenda item […] regarding the report on […] because I am […].

Advice on this can be sought from staff in Legal and Democratic Services.  Members are requested to seek advice, wherever possible, before the meeting starts.

Mr M Stephenson declared a personal interest in respect of agenda item 8 – Flood Management - as a member of his family was employed by the Environment Agency (minute 8 refers).

To consider whether the press and public should be excluded from the meeting during consideration of any item on the agenda.

RESOLVED,    that the press and public be not excluded from the meeting for any item of business.

To confirm as a correct record the Minutes of the meeting of the Board held on  24 April 2012 (copy enclosed)

RESOLVED,    that the minutes of the meeting of the Scrutiny Advisory Board – Economy and Environment held on 24 April 2012 be agreed as a correct record and signed by the Chair.

For members to be informed of any call-in items received by the County Council and consider whether any further action needs to be taken by the Advisory Board.

There were no call-in items for the Board to consider on this occasion.

For members to be informed of any Councillor Call for Action received by the County Council and consider whether any further action needs to be taken by the Advisory Board.

There were no councillor Calls for Action to report on this occasion.

Presentation.

A presentation by the Assistant Director – Highways and Transportation provided the Board with a broad strategic overview of the Council’s responsibilities under the Flood Surface Water Management Act 2012.  Copies of the powerpoint presentation together with a short summary report were circulated at the meeting.

The Board was advised that previously the county had had a limited role in relation to flood management but under the Act it now played an important role as the Lead Local Flood Authority (LLFA).  In summary the Council’s new duties as LLFA were to :-

Ø             develop a Local Flood Risk Management Strategy;

Ø             investigate flooding incidents and publish the results (the first incident in Cumbria to be investigated and reported on had been the destruction of the bridge at Great Corby);

Ø             take on consenting powers from the Environment Agency for works on ordinary watercourses;

Ø             establish and maintain a public register of features likely to have a significant effect on flood risk and record information about them.

In the near future the LLFA would additionally have responsibility for approving Sustainable Urban Drainage applications.

In his presentation the Assistant Director also referred to the funding changes, the new structure and governance arrangements.

In discussion members asked a number of detailed questions in respect of various aspects of the presentation.  The Assistant Director explained that the LLFA had a regulatory rather than an operational duty.  Its role was to identify the problem and who would deal with it.  He advised that the Environment Agency had retained its powers in relation to flooding from main rivers and the sea; the district councils had retained certain elements of their powers in relation to ordinary watercourses and coastal erosion; and the LLFA had a role in the management of surface water, groundwater flooding and certain elements of flooding from ordinary watercourses.

In responding to questions raised the Assistant Director agreed to pass on the concerns of the local member for Moorclose in relation to the ongoing problems around the Port of Workington arising from the flooding in 2009.  He also agreed to circulate details advising of the responsibilities of the LLFA and the Environment Agency, including information on the rivers/contributories that they had responsibility for.

Amongst the various issues raised during the course of discussion a member referred to the consenting powers of the LLFA for works on ordinary water courses and stressed the need for local members to be consulted on applications within their area.  

Members recognised the significance of the Council’s involvement in flood management and the need to be kept updated on developments.

RESOLVED,    that

                           (i)         regular updates be provided to the future meetings of the Board;

                           (ii)        the specific technical questions asked by members be forwarded to the relevant officers and the responses included in the Scrutiny Officer’s Board Briefing for the October meeting.

Report by the Corporate Director – Resources (copy enclosed)

The Scrutiny Officer presented a report which detailed the results of the work programme consultation exercise undertaken in early 2012 and subsequent prioritisation of topics undertaken at the Scrutiny Away Day on 22 May.  It also updated members on the current position regarding delivery of the Scrutiny Work Programme for 2011-12.

In presenting the report she asked the Board to review the list of topics suggested and to agree what reviews members would like to undertake during 2012-13.  Following discussion on the list of potential topics and an additional suggestion for one on Cumbria Tourism, it was 

RESOLVED,    that

                           (1)       the report be noted;

(2)               the following reviews be undertaken during 2012-13:-

-                  Cumbria Tourism and the part the County Council should play in supporting the economy in very rural areas;

-                  On Street Parking Charges.

To consider a report from the Corporate Director – Organisational Development (copy enclosed).  

Members considered a briefing report from the Corporate Director – Organisational Development showing progress with key projects and programmes of work for the Environment Directorate.  It advised that good progress was being made in a number of areas.

The report also provided an overview of performance against key measures or indicators.  A performance scorecard for Environment appended to the report showed an updated performance for the 4^th quarter of 2011-12, bringing reporting into line with the corporate timetable.  It showed that performance had not been affected by the interim arrangements for the Directorate following the resignation of the Corporate Director for Environment in November 2011

In considering the report Members commented positively on the Carlisle Northern Development Route (CNDR) but referred again to the lack of signage on the route.  The point was also made that the CNDR was used by cyclists but that access from the radial routes was dangerous as they were narrow and did not have any footpaths.  The Assistant Director informed the Board that some of the scheme underspend could be used to address this problem.

The Assistant Director also confirmed that in relation to the English National Concessionary Transport Scheme the transport contracts for the Eden and South Lakeland areas had now been awarded and would begin at the start of September.  Discussions had taken place regarding Copeland and Allerdale and contractors were being encouraged to tender electronically via The Chest.

During the course of discussion a member raised his concerns about the small the number of appraisals undertaken in 2011/12.  The Assistant Director also agreed to pass on comments made in respect of the Nuclear Radioactive Waste MORI survey, and to respond in writing on questions raised about household waste relating to recycling and to potential budgetary savings. 

At the close of the debate the Board’s lead performance member advised of the Performance Champions meeting.

RESOLVED,    that the following be noted:-

                           (1)       the overall performance across the four areas of the Directorate scorecard;

                           (2)       the information in the report is correct at the time of writing.

To consider a report by the Corporate Director - Resources (copy enclosed).

Members considered a report from the Corporate Director – Resources which provided members with details of items arising from the Forward Plan of Key Decisions; issues raised by Scrutiny members; feedback from scrutiny tripartite meetings; member development; scrutiny performance and Task and Finish Group activity.  Appended to the report was a work schedule.

In presenting the report the Scrutiny Officer asked members to consider whether the Task and Finish Activity on Private Sector Procurement should still go ahead as the Lead Officer was on long term sick. 

In considering the report the Chair asked that his thanks be conveyed to the Senior Manager – Scrutiny regarding the introduction of the new system for tracking recommendations from scrutiny reviews.

RESOLVED,    that

                           (1)       the report be noted;

                           (2)       updates on Better Highways and Corporate Carbon be made at the next meeting of the Board;

                           (3)       the task and finish activity on Private Sector Procurement be held over until a future date.

The next meeting of the Advisory Group will be held on Tuesday 23 October 2012 at County Offices Kendal starting at 10.00a.m

The next meeting of the Scrutiny Advisory Board – Economy and Environment was scheduled to take place on Tuesday 23 October 2012 at County Offices, Kendal at 10.00 am.