Prayers were led by Pam Halliwell, the Lay Reader in the Meppershall Parish.

To approve the Minutes of the Council meeting held on 7 January 2010.

RESOLVED

that the Minutes of the meeting of the Council held on 7 January 2010 be confirmed and signed by the Chairman as a correct record.

(a)    Personal Interests:-

         None.

(b)    Personal and Prejudicial Interests:-

         None.

The Chairman to make any announcements or communications.

The Chairman announced that Central Bedfordshire Council together with Leighton-Linslade Town Council and the GoCycle project team had received a major cycle-rail integration award on 3 February 2010 at the National Cycle Rail Awards Ceremony at the House of Commons in London.  The award was for the Local Government Contribution of the Year for improving and promoting cycling at Leighton Buzzard railway station as part of “Get On Track”, which formed part of the Leighton Buzzard Station Travel Plan.  The Chairman thanked James Gleave, the Planning and Transport Planner, for his hard work.

The Chairman commented on the major ICT problem that had occurred overnight on Monday 15 February 2010.  Officers had worked all hours to restore systems with the Council invoking its Business Continuity Plan to ensure that services could be provided to local people.  This had included setting up a temporary website and working with the Health and other partners to ensure they were all aware of the problem and that vulnerable children and adults were protected.  By Friday 19 February many of the ICT systems had been restored.  Benefit claimants had received their regular payment only one day late and the Council had collected the monthly direct debits, so suffered no loss of income.  The Chairman praised Officers working in ICT and other staff for all their hard work in responding to the situation.

The Chairman took the opportunity to thank all the staff in Democratic Services, Electoral & Members' Services and Land Charges for their significant efforts to ensure that the agenda for the Council meeting was produced in time to meet the statutory deadline. 

The Chairman advised Members that Clive Heaphy, Director of Corporate Resources, would be leaving Central Bedfordshire Council on 26 February 2010 and wished him well for the future.  Clive had joined the Council during the shadow year and produced the Council's first budget.  His experience guided the Council through a difficult time in the Council's early life.

The Leader of the Council to make any announcements or communications.

The Leader reported on the Milton Keynes South Midlands (MKSM) Inter Regional Board.

The Leader also advised Members that refurbishment works had commenced at the Dunstable Office as part of the Your Space project.  A Member Task Group was being established to consider Members’ facilities.

Members were reminded that a seminar would be held on 3 March 2010 on Outside Bodies.  This would enable Members who sat on outside bodies to understand about their liabilities. 

To receive any questions, statements or deputations from members of the public in accordance with the Public Participation Procedure as set out in Annex 1 of part A4 of the Constitution.

A question from Mr Blackman, Vice-Chairman of the trustees of Buzzer Buses (Dial a Ride) Ltd had been received under Annex 1 of Part A4 of the Constitution as follows:-

“Can the Portfolio Holders for Corporate Resources and Sustainable Communities confirm that they intend to recommend to full Council that the £192,000 per annum grants for community transport be withdrawn for the year 2011/12 and thereafter?  If so, how does this align with the first of the Council’s current priorities of ‘support and caring for an ageing population’?”

The Portfolio Holder for Safer and Stronger Communities also referred to Dial-a-Ride and Link-a-Ride and advised Members that a full review of public transport, including voluntary transport, was being carried out.  The Council appreciated the services that these organisations provided. 

To receive and discuss petitions in accordance with the Public Participation Procedure as set out at Annex 2 of part A4 of the Constitution.

The Monitoring Officer has been notified that a petition will be presented to the Chairman by Cllr A D Brown concerning a request for a safe road crossing to be installed in Ampthill Road, Shefford, close to the junction of School Lane.

In accordance with the Scheme of Public Participation set out in Annex 2 of Part A4 of the Constitution, the Council received notification of two petitions.

The first petition was handed to the Chairman by Councillor Brown with a request for a safe road crossing to be installed in Ampthill Road, Shefford, close to the junction of School Lane.  The Portfolio Holder for Safer and Stronger Communities thanked Councillor Brown and advised Members that the petition would be referred to the Traffic Management meeting and the lead petitioner would be advised of the outcome.

The second petition was handed to the Chairman by the Mayor of Sandy with regard to Central Bedfordshire Council providing a public swimming facility in Sandy for the benefit of the people of Sandy and Beeston and the surrounding parishes.  The Leader of the Council thanked the Mayor of Sandy and welcomed the petition.  The Leader would arrange for the matter to be considered and the Mayor of Sandy advised of the outcome of that consideration.

To receive a report from the Independent Remuneration Panel with proposed recommendations to the Scheme of Members’ Allowances.

The Council considered a report of the Portfolio Holder for Corporate Resources setting out the recommendations of the Independent Remuneration Panel, following its meetings on 20 November, 7 and 21 December 2009.  The Portfolio Holder for Corporate Resources tabled the following motion:-

“that having taken account of the recommendations from the Independent Remuneration Panel and noted the anticipated savings in Special Responsibility Allowances likely to arise following the implementation of revised political management arrangements aligned to the new organisational structure:-

(a)         Members’ allowances be frozen at the level set out in the Scheme of Members’ Allowances 2009/10 for the financial year 2010/11, subject to the exceptions set out in (b) and (c) below;

(b)         travelling and subsistence levels be reduced to the level of allowances paid to new Central Bedfordshire staff and amended from time to time in line with the recommendations of the National Joint Council for Local Government staff;

(c)         the Dependants’ Carers’ Allowances be increased from £5.73 to £5.80 per hour for non specialist care, in line with the national minimum hourly rate for workers aged 22 or above and from £17.19 to £17.40 per hour for specialist care; and

(d)         that the Monitoring Officer, in consultation with the Portfolio Holder for Corporate Resources, be authorised to amend the Draft Scheme of Members’ Allowances for the year commencing 1 April 2010, as set out in Appendix C to the submitted report, to make the necessary changes arising from the proposals at (a) to (c) above.”

In a response to a question, the Portfolio Holder for Corporate Resources advised Members that when claiming travel allowances there were two rates up to and including 451-999cc which was 42.9p per mile, and 1000cc and above which was 47.7p per mile.  A comment was made that Members could opt out of claiming their allowances.

A further amendment was proposed and seconded as follows:-

“that the Council adopts a Scheme of Members’ Allowances for Central Bedfordshire, for the year commencing 1 April 2010, in accordance with the recommendations of its Independent Remuneration Panel which have been included within the Draft Scheme of Allowances set out in Appendix C to the report.”

In accordance with paragraph 20.5 of Part B5 ‘Full Council Procedure Rules’ a recorded vote was requested.

Those in favour of the amendment were Councillors Aldis, Blaine, Dr Egan, Mrs Goodchild, Ms Graham, D Jones, Murray, Northwood, Ms Nunn, Snelling, Summerfield and Williams.

Those against the amendment were Councillors Baker, Mrs Barker, Bastable, Bowater, Brown, Mrs Chapman MBE, Clarke, Costin, Dalgarno, Mrs Drinkwater, Duckett, Fahn, Mrs Freeman, Gale, Gibson, Green, Mrs Gurney, Mrs Hegley, Hollick, Hopkin, Jamieson, Janes, Johnstone, M Jones, Kane, Mrs Lewis, Lockey, Male, Matthews, Ms Maudlin, McVicar, Mrs Mustoe, Nicols, Rawcliffe, Rogers, Saunders, Shadbolt, Sharer, Miss Sparrow, Spurr, Stay, Street, A Turner, Mrs C Turner, Mrs P Turner MBE, Vickers, Wells and Young.

Councillor P Freeman abstained from voting.

The amendment was declared to be lost and the motion was then put.

RESOLVED

that having taken account  ...  view the full minutes text for item 72.

To consider the recommendations from the meetings of the Executive held on 12 January 2010 and 9 February 2010 and answer questions asked under Rule No. 12.1.

(Note: It is anticipated that the Chairman will exercise his authority to take the recommendations of the Executive in relation to the Medium Term Financial Plan and Budget 2010/11 to 2014/15 in conjunction with the report on the Council Tax at item 18.)

Executive – 12 January 2010

(a)    Treasury Management Strategy

The Council considered a recommendation from the meeting of the Executive held on 12 January 2010 which sought approval of the Treasury Management Policy and the Treasury Management Strategy. 

Members noted that since the Executive meeting held on 12 January 2010, a change in advice had been received from CIPFA necessitating a correction to the counterparty list in the Treasury Management Strategy, as the list could not now rely on a single indicator for credit rating counterparties.  Additionally, a variation to accommodate the views of the Overview and Scrutiny Committee was also proposed to the section on “Maturity Structure of Borrowing”.

The Portfolio Holder for Corporate Resources therefore moved an amended recommendation as set out in the Chairman’s Briefing Note.

RESOLVED

1.      that the Treasury Management Policy and the Treasury Management Strategy, attached as Appendices A and B to the submitted report, be approved subject to:-

(a)         Maturity Structure of Borrowing

Appendix B – page 18

(i)      Addition of a new paragraph 11.3 as follows:-

“The maturity of the Council’s borrowing is profiled in order that no more than 20% matures in any one financial year”; and

(ii)     Deletion of Table 11 and renumbering of Table 12 as Table 11.

(b)        Counterparty list

Appendix D – page 23

(i)      Delete the following:-

         “For credit rated counterparties, the minimum criteria will be the highest short term and a long term rating (equivalent to AA- or higher) assigned by various agencies which may include Moody’s Investor Services, Standards and Poor’s, Fitch rating.”

(ii)         Replace with the following:-

“With credit rated counterparties, the minimum criteria will be the highest short term and a long term rating (equivalent to A+ or higher) assigned by Moody’s Investor Services, Standards & Poor’s, Fitch rating and either have access to the UK Government’s Credit Guarantee Scheme or are systemically important to the sovereign state’s economy.”

2.      that the CIPFA Treasury Management in the Public Services Code of Practice 2009 and The Prudential Code for Capital Finance in Local Authorities, be adopted.

(b)    Review and Refresh of the Local Area Agreement

The Council considered a recommendation from the meeting of the Executive held on 9 February 2010 which sought approval of the revised Local Area Agreement targets.

RESOLVED

1.            that the revised Local Area Agreement (LAA) target being proposed by Central Bedfordshire Council for National Indicator 152 working age people on out of work benefits, as detailed in paragraph 12 of the submitted report, be approved; and

2.            that the revised LAA targets being proposed by Central Bedfordshire Council for National Indicator 154 Net Additional Homes Provided, as detailed in paragraphs 13 and 14 of the submitted report, be approved.

(c)    Capital Programme 2010/11 to 2014/15

         The Council considered a recommendation from the meeting of the Executive held on 9 February 2010 which sought the approval of the Capital Programme 2010/11 to 2014/15.

         In particular Members raised the following matters:-

·        Section 106 funding was provided for a lower school as  ...  view the full minutes text for item 73.

To consider the recommendations from the meeting of the Licensing Committee held on 13 January 2010 and answer questions asked under Rule No. 12.1.

The Council considered a recommendation from the meeting of the Licensing Committee held on 13 January 2010 which sought approval of the Licensing Policy.

RESOLVED

that the Licensing Policy attached at Appendix A to the submitted report, be adopted.

To consider the recommendation from the meeting of the Regulation Committee held on 13 January 2010 and answer questions asked under Rule No. 12.1.

The Council considered a recommendation from the meeting of the Regulation Committee held on 13 January 2010 which sought the approval of a single taxi licensing area for the Central Bedfordshire area and approval of the new Hackney Carriage byelaws.

In a response to a query, the Portfolio Holder for Safer and Stronger Communities advised Members that a parking policy review was being carried out.

RESOLVED

1.        that a single taxi licensing area for Central Bedfordshire, be approved; and

2.        that the new set of Hackney Carriage byelaws, attached at Appendix A to the submitted report be approved for implementation from 1 April 2010.

To consider the recommendations from the meetings of the Constitution Advisory Group held on 25 January 2010 and 15 February 2010 and answer questions asked under Procedure Rule No. 12.1.

Constitution Advisory Group – 25 January 2010

(a)    Change of Procurement Thresholds

The Council considered a recommendation from the meeting of the Constitution Advisory Group held on 25 January 2010 proposing changes to procurement thresholds and processes in the Code of Procurement Governance.

RESOLVED

that the procurement thresholds and processes in the Code of

Procurement Governance be amended as listed below, whilst steering officers into using both Central Bedfordshire Council’s corporate contracts and framework agreements (contracts) set up by other councils and consortia. The process to be as follows:-

Step 1:

Always use Central Bedfordshire Council corporate contracts or

Consortium framework agreements (as listed on the internet) where they already exist.  Where they do not, the following rules apply:

Step 2:

•     up to £2,000 - seek best value or two quotations

•     £2,001 to £20,000 – 3 written quotations demonstrating best value (based on price and quality)

•     £20,000 to £59,999 – 3-5 written quotations by sealed bid

•     £60,000 to EU threshold – invite 5 tenders, advertised and by

      sealed bid

•     above EU threshold (works £3,927,260, supplies and services

      £156,442) must be advertised in OJEU and 5 written tenders must be invited (mandatory new EU law).

(b)    Members’ Acceptable Use Policy

The Council considered a recommendation from the meeting of the Constitution Advisory Group held on 25 January 2010 that the new Members’ Acceptable Use Policy (ICT), as approved by the Executive on 13 October 2009, not be included in the Constitution but instead be maintained in the Councillors’ Guide.

RESOLVED

that the Constitution should make reference to the new Members’ Acceptable Use Policy (ICT) but the document should be maintained in the Councillors’ Guide and not the Constitution.

(c)    Delegated Authority for the Appointment of Assistant Directors

         The Council considered a recommendation from the meeting of the Constitution Advisory Group held on 25 January 2010 proposing an amendment to the Constitution to allow for the Head of Paid Service (or delegated Director) to appoint Assistant Directors.

         Members noted that this issue had been considered at a meeting of the General Purposes Committee on 10 February 2010, but that the Advisory Group stood by its original recommendation to Council. 

         The following amendment was proposed and seconded:-

“1.     that the authority to appoint posts at Assistant Director level is delegated to the Head of Paid Service together with the relevant Director, subject to recommendation 2 below;

2.      that the period of delegation to the Head of Paid Service and relevant Director is for no more than 6 months, or until such time as the Head of Paid Service reports to the Committee on the outcome of the Review of the Senior Management Structure, whichever is the sooner; and

3.      that the posts of S151 Officer and Monitoring Officer remain at Assistant Director level or above and that these appointments continue to be made by the Appointments Sub-Committee.”

This amendment was lost.

The substantive motion was then put to the vote and it was

RESOLVED

1.  ...  view the full minutes text for item 76.

To advise the Council of in-year changes to delegations made by the Leader of the Council in accordance with paragraph 1.4 of Part C4 of the Constitution.

Members noted the changes to delegations made by the Leader of the Council in accordance with paragraph 1.4 of Part C4 of the Constitution.

To receive and consider the report of the Bedfordshire Police Authority and answer questions asked under Rule No. 12.1.

(Please note that the report of the Bedfordshire Police Authority will be to follow as their meeting was held on 12 February 2010.)

A report from the meeting of the Bedfordshire Police Authority held on 12 February 2010 was submitted.

Councillor Hollick, representative of the Police Authority, elaborated on some of the issues in the submitted report.  In particular he advised Members that Councillor Ms Graham had withdrawn her resignation from the Police Authority.

RESOLVED

that the report be received.

To consider the appointment of a  member of the Liberal Democrat Group to serve upon the Joint Selection Committee for the Bedfordshire Police Authority and to be nominated to serve upon the Police Authority.

Members noted that this item had been withdrawn as there was no longer a vacancy on the Police Authority as Councillor Ms Graham had withdrawn her resignation.

To answer written questions from members of the Council under Rule No. 12.2.

No written questions had been received from Members of the Council under

Rule No. 12.2.

To answer oral questions asked by members of the Council under Rule No. 12.7.

The Chairman presided over oral questions asked of the Leader, Deputy Leader, Portfolio Holders, the Chairman of a Committee or a Member representing the Bedfordshire Police Authority or the Bedfordshire and Luton Combined Fire Authority under Council Procedure Rule 12.7.

1)      Councillor Ms Graham asked a question about the consultation exercise being carried out on the Local Development Framework.

The Portfolio Holder for Sustainable Development advised Members that the Council was following the correct procedure.  Councillor Ms Graham asked a supplementary question and the Portfolio Holder for Sustainable Development explained that residents could respond to the consultation in writing.

2)      Councillor Aldis asked a question about the failure of the ICT system. 

         The Portfolio Holder for Corporate Resources advised Members that a full review was being carried out.

3)      Councillor Dr Egan asked a question about a letter received on the proposed merger of Hitchmead Foundation Special School and Sunnyside Special School.

         The Portfolio Holder for Children’s Services had not seen a copy of this letter and would respond directly to Councillor Dr Egan.

4)      Councillor Blaine asked a question about comments made by Sir Nicholas Winterton MP concerning MPs travel arrangements in comparison to those of local councillors.

         The Leader confirmed that she would write to Sir Nicholas Winterton MP.

5)      Councillor Aldis asked a question about the land at Beeston being allocated as allotments for residents of Sandy.

         The Portfolio Holder for Corporate Resources advised Members that the Executive would be considering a report on surplus assets which would include the site in question.  Councillor Aldis responded with a supplementary question that he hoped that the countryside land would not be used for housing. 

6)      Councillor Blaine asked a question about the new Sainsbury’s filling station at Biggleswade not providing a LPG pump. 

The Portfolio Holder for Safer and Stronger Communities advised Members that the Council had no control over how Sainsbury’s develops their filling stations.  The Portfolio Holder for Economic Growth and Regeneration advised that discussions were taking place with Milton Keynes Council regarding low carbon vehicles.  

To consider motions by members of the Council under Rule No. 16 in the order received.

No motions had been received from Members of the Council under Rule No. 16.

To present the Formal Council Tax Resolution.

This item had been dealt with in conjunction with Minute no. C/09/73 (d).

To request the Council to designate a post to fulfill the role of Chief Finance / Section 151 Officer on an interim basis and to delegate authority to amend the Constitution to reflect the proposed new directorate structure.

The Council considered a report of the Leader of the Council that requested the Council to designate a post to fulfil the role of Chief Finance/Section 151 Officer on an interim basis with effect from 27 February 2010.  The report also sought delegated authority to enable the Monitoring Officer to amend the Constitution to reflect the proposed new directorates structure.

RESOLVED

1.        that the post of Assistant Director, Financial Services be designated as Chief Finance Officer (Section 151 Officer) on an interim basis with effect from 27 February 2010, pending the permanent designation of a new post as Chief Finance Officer, following the completion of the Senior Management Review; and

2.        that following ratification of the revised Senior Management Structure by the Executive, the Monitoring Officer, after consultation with the Constitution Advisory Group, be authorised to amend the Constitution as necessary to reflect the amended Directorates structure and the allocation of functions within those Directorates.

To approve the Calendar of Meetings for Central Bedfordshire Council for the period June 2010 – May 2011.

The Council considered the report of the Portfolio Holder for Corporate Resources which sought approval of the Calendar of Meetings for the 2010/11 Municipal Year.  The Portfolio Holder for Corporate Resources advised Members that further consultation was required and he moved the following recommendation:-

1.      that with regard to the Calendar of Meetings for the period ending May 2010:-

(a)         a meeting of the Customer and Central Services Overview and Scrutiny Committee be organised for 26 April 2010 (the date scheduled in the current calendar for a meeting of Corporate Resources Overview and Scrutiny Committee);

(b)         a meeting of the Customer and Central Services Overview and Scrutiny Committee be organised for 17 May 2010 (the date scheduled in the current Calendar for a meeting of the Business Transformation Overview and Scrutiny Committee);

(c)         the meeting of the Corporate Resources Overview and Scrutiny Committee scheduled for 24 May 2010 be deleted; and

2.      that the Calendar of Meetings 2010/11, as now submitted at Appendix A (version 2 as set out in the Chairman’s Briefing Note), be approved in principle but that the Monitoring Officer, in consultation with the Portfolio Holder for Corporate Resources and the Chairmen of the Overview and Scrutiny Committees, be authorised to adjust the Calendar, as required, to facilitate the workflow between the Overview and Scrutiny Committees and the Executive.

This motion was put to the vote and it was

RESOLVED

1.      that with regard to the Calendar of Meetings for the period ending May 2010:-

(a)         a meeting of the Customer and Central Services Overview and Scrutiny Committee be organised for 26 April 2010 (the date scheduled in the current calendar for a meeting of Corporate Resources Overview and Scrutiny Committee);

(b)        a meeting of the Customer and Central Services Overview and Scrutiny Committee be organised for 17 May 2010 (the date scheduled in the current Calendar for a meeting of the Business Transformation Overview and Scrutiny Committee);

(c)         the meeting of the Corporate Resources Overview and Scrutiny Committee scheduled for 24 May 2010 be deleted; and

2.      that the Calendar of Meetings 2010/11, as now submitted at Appendix A (version 2 as set out in the Chairman’s Briefing Note), be approved in principle but that the Monitoring Officer, in consultation with the Portfolio Holder for Corporate Resources and the Chairmen of the Overview and Scrutiny Committees, be authorised to adjust the Calendar, as required, to facilitate the workflow between the Overview and Scrutiny Committees and the Executive.