Agenda and minutes

Agenda and minutes

Venue: Council Chamber, Priory House, Monks Walk, Chicksands, Shefford

Contact: Mrs Kathrin John  01462 611033

Items
No. Item

PRAYERS

 

Prayers were taken by the Reverend Richard Andrews, Team Rector and Principal Minister at Priory Church of St. Peter, Dunstable.

 

16.

MINUTES

The Chairman to invite the Council to approve the signing of the Minutes of the Meeting of the Shadow Council held on 8 July 2008 (Minute Nos. SC/08/11 to SC/08/15).

Minutes:

 

RESOLVED

 

that the Minutes of the meeting of the Shadow Council held on 8 July 2008 be confirmed and signed as a correct record.

 

17.

MEMBERS' INTERESTS

To receive from Members declarations and the nature thereof in relation to: -

 

 

(a)    

Personal Interests in any Agenda item

 

 

(b)    

Personal and Prejudicial Interests in any Agenda item

Minutes:

(a)

Personal Interests: -

 

 

None.

 

(b)

Personal and Prejudicial Interests:-

 

 

None.

 

 

 

 

 

18.

CHAIRMAN'S ANNOUNCEMENTS AND COMMUNICATIONS

The Chairman to make any announcements or communications.

Minutes:

The Chairman declined to make any announcements or communications except to observe that the Shadow Council had before them an extensive agenda.

19.

VACATION OF OFFICE pdf icon PDF 73 KB

To advise the Shadow Council that Bedfordshire County Council has declared the seat in the Plantation Division of the County Council vacant owing to the failure of County Councillor Paul Walley to attend any meeting of the County Council for a period of six consecutive months and that Cllr Walley has therefore has also ceased to be a Member of the Shadow Council.

 

(Report of the Monitoring Officer attached – pages 5.1 to 5.2)

Minutes:

The Shadow Council received and considered the report of the Monitoring Officer advising of the vacation of the office of Councillor at Bedfordshire County Council.  The report advised that Bedfordshire County Council had declared the seat in the Plantation Division of the Council vacant owing to the failure of County Cllr Paul Walley to attend any meeting of the County Council for a period of six consecutive months and that Cllr Walley had also therefore ceased to be a Member of the Shadow Council.  In addition to the report as now presented, the Shadow Council was informed of the resignation of Cllr Zain Haider from membership of the Mid Bedfordshire District Council.  Cllr Haider had represented the Langford and Henlow Village Ward since his election in May 2007.  In the light of his resignation Cllr Haider had ceased to be a Member of the Shadow Council.

 

RESOLVED

 

1.

that the Shadow Council notes that Cllr R P Walley, County Councillor for the Plantation Division, has ceased to be a member of the Bedfordshire County Council having failed to attend any meetings of the Authority for a period of six consecutive months and has therefore also ceased to be a member of Central Bedfordshire Shadow Council;

 

2.

that the Shadow Council notes that Bedfordshire County Council has declared the seat formerly occupied by Cllr R P Walley vacant under Section 86(1)(c) of the Local Government Act 1972 but that, in accordance with the Bedfordshire (Structural Changes) Order 2008, there is no need to hold a by-election to fill the casual vacancy;

 

3.

(a)

that the Shadow Council notes that Cllr Z Haider, District Councillor for the Langford and Henlow Village Ward, has ceased to be a member of the Mid Bedfordshire District Council following his resignation and had therefore also ceased to be a member of Central Bedfordshire Shadow Council;

 

 

(b)

that the Shadow Council notes that, in accordance with the Bedfordshire (Structural Changes) Order 2008, there is no need to hold a by-election to fill the casual vacancy.

 

20.

MEMBERS' ALLOWANCES SCHEME 2009/10 pdf icon PDF 107 KB

To approve and adopt a Scheme of Members’ Allowances for Central Bedfordshire Council for the year commencing 1 April 2009, having regard to the recommendations of the Independent Remuneration Panel and a revised Scheme proposed by the Shadow Executive at its meeting on 20 January 2009.

 

(Report of the Director of Corporate Resources attached – pages 6.1 – 6.44)

Additional documents:

Minutes:

The Portfolio Holder (Corporate Services) presented the report of the Director of Corporate Resources seeking approval and adoption of a Scheme of Members’ Allowances for Central Bedfordshire Council for the year commencing 1 April 2009, having regard to the recommendations of the Independent Remuneration Panel and a revised Scheme proposed by the Shadow Executive at its meeting held on 20 January 2009.

 

Following the presentation of the report, it was moved and seconded:-

 

“that the Shadow Council:-

 

(a)

adopts a Scheme of Members’ Allowances for Central Bedfordshire Council for the year commencing 1 April 2009 as outlined in Appendix A.2 of the report of the Director of Corporate Resources and as recommended in the full Scheme set out at Appendix C to the report, at an estimated cost of £1,243,682 subject to:-

 

 

(i)

the Special Responsibility Allowance for the Luton and South Beds Joint Committee Chairman applying to the Vice-Chairman when the chairmanship is held by Luton Borough Council; and

 

 

(ii)

the mileage allowances for travel by car or motorcycle being set in accordance with the rates paid to local government staff, as shown below (those rates to be amended during the year ending 31 March 2010 in line with any change recommended by the National Joint Council for the payment of local government staff):-

 

 

 

Car or Motorcycle Engine Size

Per Mile

 

 

 

 

 

 

Not exceeding 999cc

42.9 pence

 

 

1000 – 1199cc inclusive

46.9 pence

 

 

1200cc and over

58.7 pence

 

 

 

 

 

(iii)

the application of the following additions for conveyance of Member passengers:-

 

 

 

Addition for one Member passenger

 

3 pence per mile

 

 

Addition for each further Member passenger

 

2 pence per mile

 

 

 

 

(b)

resolves that all Central Bedfordshire Councillors should be given access to the Local Government Pension Scheme, based on the sum of basic allowance and any special responsibility allowance that may be payable, at an estimated cost of £75,000;

 

(c)

requests the Independent Remuneration Panel to review the Scheme in the Autumn of 2009 in the light of further evidence of the demands and responsibilities placed upon Members of the new Council and of similar unitary authorities; and

 

(d)

agrees to amend retrospectively the Scheme of Members’ Allowances for the year commencing 1 April 2008, adopted by the Shadow Council on 8 July 2008, to enable the payment of a Special Responsibility Allowance to those embers nominated by the Shadow Council to serve as observer members of the Bedfordshire Police Authority or the Bedfordshire and Luton Combined Fire Authority who are not already Members; the allowance to be paid pro rata to the period of appointment at the rate set for existing Members by those two authorities.”

 

As an amendment to the Motion, it was moved and duly seconded that the mileage allowances as originally recommended by the Independent Remuneration Panel should be adopted.

 

Upon being put to the vote, the amendment was lost.

 

As a further amendment to the Motion it was moved and duly seconded that the mileage allowances for travel by car or motorcycle be amended to read  ...  view the full minutes text for item 20.

21.

CENTRAL BEDFORDSHIRE DRAFT CONSTITUTION AND INTERIM GOVERNANCE ARRANGEMENTS pdf icon PDF 69 KB

To approve and adopt the Constitution of Central Bedfordshire Council together with the interim governance arrangements during the period 1 April to 7 June 2009.

 

(Report of the Constitution and Governance Working Group attached – pages 7.1 to 7.2)

 

Please note that the Constitution can be viewed by taking the following link:

 

Mid Beds District Council - Library document - Draft Central Bedfordshire Council Constitution

Additional documents:

Minutes:

 

The Council received and considered the report of the Constitution and Governance Working Group which sought the approval and adoption of the Constitution of Central Bedfordshire Council together with the interim governance arrangements during the period 1 April to 7 June 2009.  In presenting the report, the Chairman of the Working Group presented a list of proposed minor amendments to the Constitution, previously circulated to all Members of the Shadow Council as an Appendix to the Shadow Council meeting update letter dated 24 February 2009.  In light of the proposed minor amendments and the recommendations of the Working Group, it was moved and seconded:-

 

"1.

that further to the decision of the Shadow Executive at its meeting held on 17 February 2009 to re-designate second and third tier posts in the Central Bedfordshire staffing structure as “Assistant Directors” and “Heads of Service” respectively, the necessary adjustments be made throughout the Constitution to reflect the new post titles;

 

2.

that paragraph 10.17 of Part D2 of the Constitution (Overview and Scrutiny Procedure Rules) be amended to provide that there is an expectation that any Member(s) who calls in a decision should attend the meeting of the Overview and Scrutiny Committee at which the call-in is to be heard;

 

3.

that the following typographical errors in the draft Constitution be corrected as follows:-

 

 

(a)

Part A4 – page 9 – paragraph 5.1.5

 

delete the word “the” between “to” and “an”;

 

(b)

Part E2 – page 10 – paragraph 7.2.2

 

delete “arsing” and replace with “arising”;

 

(c)

Part H3 – page 9 – paragraph 4.1.4

 

delete “here” in penultimate line and replace with “where”;

 

 

 

 

4.

that the Members Planning Code of Good Practice contained in the Ethical Handbook be amended in the following respect:-

 

 

(a)

Appendix A – page 20 - paragraph 1(a)

 

delete “A Member of the Development Management Committee” and replace with “Any Member of the Council”.

 

 

 

5.

(a)

that, subject to 1 to 4 above, the draft Central Bedfordshire Constitution, as now submitted at document number 7, be approved and implemented either with effect from 1 April 2009 or 8 June 2009, as appropriate, as provided in 7 below; and

 

 

(b)

that, in so doing, the Shadow Council specifically resolves to approve the Code of Conduct for Members set out in part F2 of the Constitution;

 

6.

(a)

that the Ethical Handbook, now submitted at document 8, be approved and implemented with effect from 1 April 2009; and

 

 

(b)

that, in so doing, the Shadow Council specifically resolves to adopt the Indemnity for Members and Officers of the Council, as set out in part 6 of the Ethical Handbook;

 

7.

that the Interim Governance arrangements for the period 1 April to 7 June 2009, as set out in the schedules attached at document No. 6, be adopted;

 

8.

that a Constitution Advisory Group be established to advise the Council upon any amendments required to the Constitution;

 

9.

that during the period 1 April to 7 June 2009, the Monitoring Officer,  ...  view the full minutes text for item 21.

22.

RECOMMENDATIONS OF THE SHADOW EXECUTIVE AND ANY QUESTIONS RAISED UNDER FULL COUNCIL PROCEDURE RULE NO. 8.1 IN RELATION TO THOSE RECOMMENDATIONS pdf icon PDF 102 KB

 (a)

SHADOW EXECUTIVE – 20 JANUARY 2009

 

(i)

Reserves Policy

Minute No. SE/08/77

 

 

The Shadow Executive considered the report of the Director of Corporate Resources, which asked for an appropriate policy for the level of general fund reserve for 2009-10 be agreed.

 

The Portfolio Holder (Corporate Resources) informed the Committee that the level of reserves had been calculated using the information available.

 

In response to questions regarding the level proposed in paragraph 17, the Portfolio Holder and Director of Corporate Resources confirmed that the figure was realistic and had been risk assessed. The level would be reviewed each year with a target of £6m to £7m reserves once transitional costs had been repaid. It had been noted that until the three legacy authorities had closed down their accounts an accurate review would not be possible. It was agreed that this be done as soon as possible after account closure.

 

Reason for decision: To agree an appropriate policy for the level of general fund reserves during 2009/10.

 

RECOMMENDED

 

that the Shadow Council:-

 

(a)               approves the reserves policy for 2009/10 as set out in the report of the Director of Corporate Resources;

 

(b)               approves the setting of the minimum General Fund Reserve level for 2009/10 at £4.68m for Central Bedfordshire as indicated in paragraph 17 of Appendix 1 to the report of the Director of Corporate Resources; and

 

(c)                determines that the Authority will review the reserves policy following the closure of the accounts of the three legacy authorities.

 

  

 

 

 

 (b)

SHADOW EXECUTIVE – 17 FEBRUARY 2009

 

NOTES:

1.

This Agenda has been despatched prior to the Executive’s meeting on 17 February 2009.  However it is anticipated that recommendations on the following items will be submitted for Council approval:-

 

 

 

(a)

Treasury Management Strategy

 

(b)

Capital Programme and Investment Strategy

 

(c)

Revenue Budget 2009/10 and Medium Term Financial Plan

 

 

2.

The recommendations will be circulated as soon as possible after the Shadow Executive’s meeting, together with any comments of the Scrutiny Committee upon the budget following its meeting on 19 February.  The Chairman will permit these recommendations to be dealt with as urgent items of business to allow the setting of the Budget and Council Tax within the statutory timescales.

 

 

3.

The Chairman has exercised his authority under Council Procedure Rule No. 2 to vary the order of business to take this item in conjunction with the report on the Council Tax at item 9.

Additional documents:

Minutes:

(a)

Shadow Executive – 20 January 2009

 

 

(i)

Reserves Policy

(Minute No. SE/08/77)

 

 

 

RESOLVED

 

 

 

that the Shadow Council:-

 

 

 

(a)

approves the Reserves Policy for 2009/10 as set out in the report of the Director of Corporate Resources;

 

 

 

(b)

approves the setting of the Minimum General Fund Reserve level for 2009/10 at £4.68m for Central Bedfordshire as indicated in paragraph 17 of Appendix 1 to the report of the Director of Corporate Resources; and

 

 

 

(c)

determines that the Authority will review the Reserves Policy following the closure of the accounts of the three legacy authorities.

 

(b)

Shadow Executive – 17 February 2009

 

 

The Chairman drew attention to recommendations of the meeting of the Shadow Executive held on 17 February 2009 which had been circulated separately to Members on 24 February 2009.  The Chairman determined to admit these recommendations with supplementary papers prepared by the Director of Corporate Resources setting out the further options requested by the Shadow Executive in relation to the revenue budget as urgent items of business in accordance with Section 100B(4)(b) of the Local Government Act 1972 to allow the setting of the Budget and Council Tax within the statutory timescale.

 

 

(i)

Treasury Management Policy and Strategy 2009/10

(Minute No. SE/08/87)

 

 

 

The Portfolio Holder introduced the recommendations of the Shadow Executive and moved the recommendation in an amended form as follows:-

 

 

 

That the Council be recommended to:-

 

 

 

1.

approve the Treasury Management Policy Statement, as set out in Annex 1 to the report of the Director of Corporate resources; and

 

 

 

2.

approve the Annual Treasury Management Strategy 2009/10, as set out at Annex 2 to that report and specifically to resolve to adopt:-

 

 

 

 

(a)

the Investment Policy and Strategy 2009/10 – 2011/12, as set out at paragraph 6 of the Annual Treasury Management Strategy;

 

 

 

 

(b)

the Prudential Indicators for 2009/10 – 2011/12, as set out in Appendix A to the Strategy; and

 

 

 

 

(c)

the Annual Minimum Reserve Position (MRP) Statement as set out in Appendix C to the Strategy;

 

 

 

3.

adopt the CIPFA Code of Practice on Treasury Management in the Public Services (Revised 2001).

 

 

 

(Amendments to original recommendation denoted in italics)

 

 

 

RESOLVED

 

 

 

that the Shadow Council:-

 

 

 

1.

approves the Treasury Management Policy Statement, as set out in Annex 1 to the report of the Director of Corporate Resources;

 

 

 

2.

approves the Annual Treasury Management Strategy 2009/10, as set out at Annex 2 to that report and adopts:-

 

 

 

 

(a)

the Investment Policy and Strategy 2009/10 – 2011/12, as set out at paragraph 6 of the Annual Treasury Management Strategy;

 

 

 

 

(b)

the Prudential Indicators for 2009/10 – 2011/12, as set out in Appendix A to the Strategy;

 

 

 

 

(c)

the Annual Minimum Reserve Position (MRP) Statement as set out in Appendix C to the Strategy;

 

 

 

3.

adopts the CIPFA Code of Practice on Treasury Management in the Public Services (Revised 2001).

 

 

(ii)

Capital Programme 2009/10 – 2012/13

(Minute No. SE/08/88)

 

 

 

RESOLVED

 

 

 

that having noted that the Shadow Executive has considered the comments of the Shadow Scrutiny and Corporate Resources Transitional  ...  view the full minutes text for item 22.

23.

APPOINTMENT OF MEMBERS AND CHAIRMAN TO COMMITTEES - APRIL TO JUNE 2009 pdf icon PDF 128 KB

To receive and consider the report of the Monitoring Officer on recommendations of the Group Leaders in relation to the appointment of Members and substitutes to Committees and other forums and the appointment of the Chairmen and Vice-Chairmen of certain Committees of the Council between April – June 2009.

 

(Report of the Monitoring Officer attached – pages 10.1 to 10.13)

Additional documents:

Minutes:

The Shadow Council received and considered the report of the Monitoring Officer on recommendations of the Group Leaders in relation to the appointment of Members and substitutes to committees and other forums and the appointment of the Chairman and Vice-Chairman of certain committees of the Council between April and June 2009.

 

Shadow Council members had received an update regarding the political composition of the Shadow Council following the resignation of Cllr Z Haider.

 

A revised schedule of appointments was circulated at the meeting and a number of further oral amendments to the proposed appointments were made.

 

Following the conduct of an election for the appointment of Members to serve on the Luton and South Bedfordshire Joint Committee, it was:-

 

RESOLVED

 

1.

that the size of the committees and forums and the allocation of seats to groups in accordance with the Political Proportionality Rules, where applicable, as set out at Appendix A to the report of the Monitoring Officer now submitted be approved;

 

2.

that the appointment of Members and substitutes to committees and other forums, as set out in Appendix B to these Minutes be approved;

 

3.

that the appointment of Chairmen and Vice-Chairmen of committees for the period April to June 2009 as set out in the Appendix to these Minutes be approved;

 

4.

that the following persons be appointed to the Scrutiny Committee as co-opted members with voting rights on education matters:

 

 

(a)

Mr Ben Sear, parent governor representative;

 

 

(b)

Mrs Frances Image, Roman Catholic Diocesan representative; and

 

 

(c)

Mr Jon Reynolds, Church of England Diocesan representative.

 

5.

that the Monitoring Officer be authorised to appoint up to two additional parent/governor representatives who have been nominated and, if necessary, duly elected through the statutory process.

 

24.

CALENDAR OF MEETINGS APRIL 2009 - MAY 2010 pdf icon PDF 82 KB

To approve the Calendar of Meetings for Central Bedfordshire April 2009 – May 2010.

 

(Report of the Monitoring Officer attached – pages 11.1 – 11.4)

Additional documents:

Minutes:

 

The Shadow Council was invited to approve the Calendar of Meetings for Central Bedfordshire for the period April 2009 to May 2010 as set out in the report of the Monitoring Officer on this subject.

 

RESOLVED

 

that the Shadow Council approves the Calendar of Council and Committee Meetings for the period April 2009 – May 2010, as set out in the Appendix to the report of the Monitoring Officer.

 

25.

APPOINTMENT OF INDEPENDENT PERSONS TO THE CENTRAL BEDFORDSHIRE STANDARDS COMMITTEE pdf icon PDF 87 KB

To endorse the appointment of the five independent persons to the Standards Committee.

 

(Report of the Monitoring Officer attached – pages 12.1 – 12.3)

Minutes:

The Shadow Council was invited to approve the appointment of five independent persons to the Standards Committee details of whom were contained in the report of the Monitoring Officer on this subject.

 

RESOLVED

 

that Kenneth Frazer, Keith Ford, Jeremy Danns, Deborah Maggs and Mike Jones formally be appointed as Independent Persons to serve on the Standards Committee with effect from 1 April 2009 until elections to be held in 2011.

 

26.

APPOINTMENT OF TOWN/PARISH MEMBERS TO THE CENTRAL BEDFORDSHIRE STANDARDS COMMITTEE pdf icon PDF 85 KB

To endorse the appointment of five Town/Parish Members to the Central Bedfordshire Standards Committee.

 

(Report of the the Monitoring Officer attached – pages 13.1 – 13.3)

Minutes:

The Shadow Council received and considered the report of the Monitoring Officer seeking approval of the appointment of five Town/Parish Council persons to the Standards Committee.  Corrections were made to the report in respect of the name of Mrs K Cursons and the designation of Mr B Collier as Chairman of Stotfold Town Council.

 

RESOLVED

 

that Mr B Collier, Mrs K Cursons, Ms J Hughes, Ms J Rollings and Mr J Eilbeck formally be appointed as Town/Parish Council Members to serve on the Standards Committee with effect from 1 April 2009 until the elections to be held in 2011.