The Chairman informed the Committee that Peter Stabb, Interim Strategic Director, South Beds District Council had completed his tenure with the Authority and thanked him for all of his hard work in helping the Shadow Authority to make the progress it had to date.

The Chairman also welcomed Clive Heaphy as the newly appointed Director of Corporate Resources.

The Chairman informed the Committee that Cllr J Street had been appointed to serve upon the Shadow, due to Cllr R V King’s ill health.  The appointment was until 1 January 2009.

To approve as a correct record, the Minutes of the meeting of the Shadow Executive held on 2 September 2008.

(previously circulated)

RESOLVED

that the Minutes of the meeting of the Shadow Executive held on 2 September 2008 be confirmed and signed by the Chairman as a correct record.

The Chairman gave notice under the provisions of Section 100B (4)(b) of the Local Government Act 1972 of an additional item of business to be considered at this meeting as a matter of urgency (Agenda Item CR4).  This item related to the SAP Development for Central Bedfordshire Council.  The item was urgent and would not admit of delay until the following meeting of the Shadow Executive due to the timescales required for the installation of SAP for Central Bedfordshire by 1 April 2009.

The Chairman confirmed that the item would be considered after Item SC1 at the end of the published agenda and in closed session as the report contained information which was exempt under the provisions of Paragraph 3 of Part I of Schedule 12A of the Local Government Act 1972.

To consider proposals, if any, to deal with any item likely to involve disclosure of exempt information as defined in the relevant paragraph(s) of Part I of Schedule 12A of the Local Government Act 1972 prior to the exclusion of the press and public.

It was noted that supporting documentation to the report of the Director of Sustainable Communities referred to in Item No. SC1 contained information which was not for publication by virtue of Paragraph 3 of Part l of Schedule 12A of the Local Government Act 1972.  Accordingly the Shadow Executive agreed that this item should not be dealt with in the public part of the meeting and therefore the press and public should be excluded from the meeting during consideration of that documentation.

(This report will outline the work undertaken so far in developing an Initial Accommodation Plan and a Medium Term Property Strategy for Central Bedfordshire Council.  It will also outline the conclusions already reached and the intended timetable and actions required to complete both the Plan and the Strategy. (Report of the Corporate Resources Lead (Contact Officer: Peter Stabb  Tel: 07805 362465)))

That the work undertaken to date on developing an Initial Accommodation Plan and a Medium Term Property Strategy for Central Bedfordshire, be endorsed.

That the proposed actions required to complete the work be endorsed within an expectation that:-

1.                  subject to operational requirements including the potential of sharing some services with others, the majority of Central Bedfordshire staff will be located within the geographic area of Central Bedfordshire within 2 to 3 years of vesting day;

2.                  the Initial Accommodation Plan and Medium Term Property Strategy will be fully aligned with both the Customer Services Strategy and the emerging Business Transformation Strategy;

3.                  Members’ facilities at the Corporate Core will be appropriate to their requirements.

The Shadow Executive received and considered the report of the Portfolio Holder (Corporate Resources) which outlined the work undertaken to date in developing an Initial Accommodation Plan and a Medium Term Property Strategy for Central Bedfordshire Council. The report also outlined the conclusions already reached and the intended timetable and actions required for completion of both the Plan and Strategy.

The Shadow Executive noted that the main objective of the exercise was to arrange for all Central Beds staff to be located, where appropriate, in Central Bedfordshire, once the planned working arrangements had been considered.  Members had provided comments on the Strategy and the Corporate Resources Transitional Task Force had considered the report and supported the recommendations.

The Portfolio Holder (Corporate Resources) confirmed that no staff would be moved unnecessarily.  In order to meet short-term accommodation requirements agreement had been reached with Bedford Borough Council to share the County Hall Building.  It was intended to allocate floors to each authority.  The intention was to relocate staff once and therefore a pragmatic approach had been adopted.  Innovative working methods were being explored to make maximum use of the office space available, while at the same time great importance was attached to the role of the Points of Presence in bringing the Council closer to its communities.

Reason for decision: So that plans can be finalised in time to ensure that all staff in Central Bedfordshire have a place to work on vesting day and the Council has an appropriate strategy in place to cater for the future needs of the authority.  As part of a wider objective to deliver value for money, the Strategic Plan identified, amongst other things, a need to review the Council’s property and investment portfolio.

RESOLVED

(To set out how the Central Bedfordshire Council brand will enable the communication of the Council’s vision, values and priorities. (Report of the Officer Programme Board (Contact Officer: Richard Ellis Tel: 01234 276038 / Portfolio Holder: Cllr M Jones)))

That the proposed Brand Identity, as presented at the meeting, be adopted  as a means of communicating the vision, values and priorities of Central Bedfordshire Council.

The Shadow Executive received the report of the Officer Programme Board which set out how the Central Bedfordshire Council Brand Identity would enable the communication of the Council’s vision, values and priorities. 

The Portfolio Holder (Corporate Resources) informed Members that the whole process had begun six weeks earlier and had considered the information gathered at the IDeA workshops in relation to what Central Bedfordshire was about.  It was agreed that a logo was not the appropriate way forward but rather a corporate brand would achieve the goals for communicating with the community.

The Director of Business Transformation presented different ways that the branding could be used, which included letterhead, website pages and compliment slips.  Members confirmed their support for the brand.

The next phase of the work would involve testing to ensure that all Disability Discrimination Act access requirements were met.

Reason for Decision: The new unitary Central Bedfordshire Council will need to communicate its vision, values and priorities to its key customers and stakeholders.  It is also vital that all services delivered by the Council are represented and identified in a consistent, impactful and compelling way.  A new Brand Identity will be the means by which this is achieved, as well as distinguishing the new organisation from the three legacy authorities.

RESOLVED

that the proposed Brand Identity, as presented at the meeting, be adopted  as a means of communicating the vision, values and priorities of Central Bedfordshire Council.

(To report on overall progress following the adoption of the Implementation Plan by Shadow Executive on 10 June 2008. (Report of the Officer Programme Board (Contact Officer: Simon Redmore  Tel: 01462 611255)))

**Please note that Appendix A is available on A3 paper upon request

1.                  That the report and verbal update be noted, and that a more detailed report on Information and Communications Technology (ICT) transition issues be submitted to the next meeting of the Shadow Executive.

2.                  That in respect of the contact centre, the first choice be for a shared service with Central Bedfordshire acting as host; but should this not be agreed with Bedford Borough Council then Central Bedfordshire would proceed to work with Bedfordshire County Council (BCC) to disaggregate the BCC contact centre as a matter of urgency.

The Shadow Executive considered the report of the Officer Programme Board that updated Members on the overall progress following the adoption of the Implementation Plan by the Shadow Executive on 10 June 2008.  Members were advised of the current position relating to the key milestones as follows:-

In presenting the report the Deputy Chief Executive, MBDC, informed the Committee that the expenditure for the creation of Central Bedfordshire was ongoing and would be the subject of review to ensure that appropriate amounts were allocated to the relevant functions.

Members were also reminded that John Healey MP, Minister for Local Government would be visiting Bedfordshire on 7 October 2008.  He would be visiting Priory House during the afternoon.  An informal meeting would be held following the conclusion of this meeting to confirm the arrangements.

Reason for Decision: So that the Shadow Executive can monitor progress and comply with the requirement of the Implementation Order regarding the need to maintain an implementation plan to deliver the new unitary authority.

RESOLVED

1.                  that the report and verbal update be noted, and that a more detailed report on Information and Communications Technology (ICT) transition issues be submitted to the next meeting of the Shadow Executive;

2.                  that in respect of the contact centre, the first choice be for a shared service with Central Bedfordshire acting as host; but  ...  view the full minutes text for item 32.

(The report will outline the key role of the Directorate Plans in linking the Vision, objectives and priorities of Central Bedfordshire’s Strategic Plan, with the delivery of services presented in the emerging business plans: the “Golden Thread”.  The report will summarise the generic content of the five plans, which will be attached as annexes.  (Report of the Consultant Co-ordinator of Service Design (Contact Officer: Marion Headicar  Tel: 07974 800442)))

1.         That the draft of the five Directorate Plans be endorsed, accepting that the Plans may need amending as business plan priorities and budgets evolve over the next few months; and

2.         That any amendments be approved under delegated arrangements, by the Interim Chief Executive, after consultation with the relevant Portfolio Holder and Transitional Task Force Lead Member.

The Shadow Executive received and considered the report of the Consultant Co-ordinator of Service Design, which outlined the key role of the Directorate Plans in linking the vision, objectives and priorities of Central Bedfordshire’s Strategic Plan, with the delivery of services presented in the emerging business plans: the “Golden Thread”.  The report summarised the generic content of the five plans, which were attached to the report as annexes.

The Consultant informed the Committee that the plans would reflect the different approaches and associations with other organisations.  The “Golden Thread” was the link between areas of service and individual users.

Normally directorate plans are approved before business plans.  The draft plans would be amended over the next few months once budget plans were firmed up.  It was noted that two plans had been through their relevant Transitional Task Forces and Heads of Service for comments.  The comments were minor in nature and one plan had been updated under delegated authority.

The Shadow Executive then proceeded to consider individual Directorate Plans in detail. 

In relation to Adult Social Care, Health and Housing questions were raised about housing and what was envisioned for this.  In response Members were advised that a paper would be prepared which would address tenants’ expectations of the new landlord (Central Bedfordshire).

In relation to Children, Families and Learning it was noted that, whilst the Plan covered most areas, the vision for looked after children (children in care) did not appear to be included in the document, nor was there specific reference to the Council’s corporate parenting responsibilities.  Officers explained that the amount of information that could be included in a five page document was limited, but improving the educational achievement of looked after children was a priority.  There would also be a wide range of issues to discuss about how to increase children’s aspirations and drive up educational standards, including how best to access a considerable amount of capital funding and the impact of the transfer of Learning and Skills Councils functions to the local authority next year.  It was confirmed that the Lead Member of the TTF and the Portfolio Holder would be involved in the review of learning services. Lastly it was confirmed that comments by Members would be addressed by the Strategic Partnership for Central Bedfordshire and Children.

In relation to Corporate Resources it was agreed to strengthen reference to the directorate’s key role in delivering efficiencies for the new Council.

Reason for Decision: So that the finalisation of the business plans can proceed within an agreed framework, which supports the delivery of the Strategic Plan for Central Bedfordshire.

RESOLVED

1.                  that the drafts of the five Directorate Plans be endorsed, accepting that the Plans may need amending as business plan priorities and budgets evolve over the next few months;

2.                  that any amendments to the Directorate Plans be approved by the Interim Chief Executive under delegated arrangements after consultation with the relevant Portfolio Holder and Transitional Task Force Lead Member.

(To consider the appointment of representatives of Central Bedfordshire to serve upon the Bedfordshire Police Authority and the Bedfordshire Fire Authority.  (Report of the Interim Monitoring Officer (Contact Officer: Kathrin John  Tel: 01462 611033 / Rob Mills Tel: 0845 849 6274)))

1.         That the arrangements for local authority representation on the Bedfordshire Police Authority and Bedfordshire Fire Authority be noted.

2.         That the principle of allocating the 9 local authority seats upon the Police Authority in proportion to the respective populations of Bedford Borough Council, Central Bedfordshire Council and Luton Borough Council, be supported.

3.         That, given the convention for the Joint Selection Committee to comprise the Members nominated by each Council for appointment to the Police Authority, the establishment of a Police Authority appointments Joint Selection Committee, be supported comprising:-

            2 representatives of Bedford Borough Council

            4 representatives of Central Bedfordshire Council

            3 representatives of Luton Borough Council.

4.         That it be noted that, in the event of the authorities failing to reach agreement with regard to the composition of the Joint Selection Committee, the Secretary of State will be required to determine the membership thereof.

5.         That the proposed constitution and terms of reference of the Joint Selection Committee, as set out in Appendix A to the report of the Interim Monitoring Officer, be approved, subject to the proviso that, in the absence of agreement between the authorities, the number of seats to be allocated per authority, shall be determined by the Secretary of State.

6.         (a)       That Members be appointed to serve on the Joint Selection Committee and for nomination to represent Central Bedfordshire, upon the coming into force of The Local Government (Structural Changes) (Membership of Public Bodies in Bedfordshire, Cheshire and Wiltshire) Order 2008, on the Bedfordshire Police Authority until the local authority elections in 2009, pending any final confirmation as may be needed by the Secretary of State regarding the number of seats to be allocated to each authority;

            (b)(i)    That in the event that Bedford Borourgh Council, at its Implementation Executive on 7 October 2008, agrees to the apportionment of seats as detailed in Recommendation 3 above, and having regard as far as is practicable to the political proportionality requirements that at least one of Bedford Borough’s two seats be allocated to a Conservative Party Member, Central Bedfordshire appoints Cllr P Hollick, Cllr B Spurr, Cllr Mrs C Turner and Cllr B Golby in this respect; and

            (b)(ii)   that in the event that agreement is not reached with Bedford Borough over the number and allocation of seats detailed above, this matter be brought back to the next meeting of this Shadow Executive.

7.         That Cllrs A D Brown, M Gibson, R Johnston, P Snelling and J Street be appointed upon the coming into force of The Local Government (Structural Changes) (Membership of Public Bodies in Bedfordshire, Cheshire and Wiltshire) Order 2008 to represent Central Bedfordshire on the Bedfordshire Fire Authority until the local authority elections in 2009.

The Shadow Executive received and considered the report of the Interim Monitoring Officer which related to the appointment of representatives of Central Bedfordshire to serve upon the Bedfordshire Police Authority and the Bedfordshire Fire Authority.

(a)            Bedfordshire Police Authority

The Shadow Executive noted that at present Luton Borough Council and Bedfordshire County Council (the current ‘relevant Councils’), appointed three and six members respectively to the Bedfordshire Police Authority.

By virtue of a draft Structural Changes Order the Department of Communities and Local Government (DCLG) would require, within 14 days of the regulations being laid, that a ‘shadow’ joint selection committee be formed by Luton Borough Council , Central Bedfordshire Shadow Council and Bedford Borough Council (the new ‘relevant Councils’) to appoint nine Members to the Police Authority. It was for the three councils to agree the number of members to be appointed by each of them, subject to compliance with the political proportionality rules.

Prior to 1 April 2009, the appointed Members would have non-voting observer status, but their views would be sought in relation to its precept, budget calculation and policing plan for 2009/10. If the appointee was also an existing Member of the Police Authority then they could act in a dual capacity and continue to vote.

Discussions were ongoing regarding the allocation of the nine seats between Luton Borough, Central Bedfordshire and Bedford Borough Councils.  Central Bedfordshire had proposed that the allocation between the three authorities should be proportional to their respective populations, equating to:-

Central Bedfordshire – 4

Luton Borough – 3

Bedford Borough – 2

Luton Borough had supported the above position at their meeting held on 9 September 2008. Bedford Borough would be meeting on 7 October 2008 to consider the issue but might wish to seek an allocation of three seats per authority.  It was noted that if an agreement could not be reached by the three Authorities then the matter would be referred to the Secretary of State for a decision to be made.  It was observed that this would not be the preferred outcome for any of the Authorities.

(b)            Bedfordshire Fire Authority

The Committee noted that currently Bedfordshire County Council appointed seven Councillors  representing  Divisions within Central Bedfordshire to the Bedfordshire Fire Authority. The draft Structural Changes Order provided for Central Bedfordshire Shadow Council, Bedford Borough Council and Luton Borough Council to appoint members to 12 available seats on the Fire Authority.  

As with the Police Authority, the representatives appointed by Central Bedfordshire would have observer status until 1 April 2009, but any existing County Council member could act in a dual capacity.

The representatives would be allocated in proportion to the electorate for each Authority.  Thus the allocation would be as follows:-

Central Bedfordshire - 5

Luton Borough - 4

Bedford Borough - 3

Reason for Decision: In order to comply with the provisions of The Local Government (Structural Changes) (Membership of Public Bodies in Bedfordshire, Cheshire and Wiltshire) Order 2008 when enacted, to invite the Shadow Executive to  ...  view the full minutes text for item 34.

RESOLVED

that in accordance with Section 100(A)(4) the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 3 of Part l of Schedule 12A of the Local Government Act 1972:-

(a)              Appendix E to the report referred to in Minute No. SE/08/36; and

(b)              the report referred to in Minute No. SE/08/37.

(This report summarises the key aspects of the Outline Business Case (OBC) and recommends the sign-off of the final OBC document is delegated to the Interim Head of Paid Service in consultation with the Portfolio Holder (Safer and Stronger Communties) and Portfolio Holder (Corporate Resources). (Report of the Director of Sustainable Communities (Contact Officer: Gary Alderson  Tel: 01462 611391)))

1.         That the Outline Business Case's (OBC) Reference project of a Private Finance Initiative (PFI) supported energy from waste with combined heat and power waste disposal solution located in Bedfordshire, be agreed.

2.         That the Joint Working Agreement between Bedfordshire County Council, Central Bedfordshire Council, Bedford Borough Council and Luton Borough Council and the associated Governance Structure as set out in Appendix C, be approved.

3.         That the Interim Head of Paid Service be given delegated authority in consultation with the Portfolio Holder (Safer and Stronger Communities) and Portfolio Holder (Corporate Resources) to amend and agree for submission the final Outline Business Case document and the Joint Working Agreement.

4.         That Central Bedfordshire commits itself to:-

(a)       its division of the Reference Project cost over the period between 2016 and 2041, in the total sum set out in the exempt Appendix; and

(b)       The contribution of bridging the affordability gap in the sum indicated in the exempt Appendix based on the reference project assumptions and affordability envelope as outlined in the Section 8 of exempt Appendix – Future Waste Treatment – Outline Business Case and Joint Working Agreement Background Report.

5.         That Central Bedfordshire confirms its aim to achieve the recycling/composting targets laid down in the Waste Strategy 2007 and where possible exceed the targets set, with the aim of achieving 60% recycling by 2020. 

The Shadow Executive received and considered the report of the Director of Sustainable Communities, which summarised the key aspects of the Outline Business Case (OBC) in respect of the Bedfordshire Energy and Recycling (BEaR) Project and recommended the sign-off of the final OBC document be delegated to the Interim Head of Paid Service in consultation with the Portfolio Holder (Safer and Stronger Communities) and Portfolio Holder (Corporate Resources).

The BEaR Project Partnership comprises Bedfordshire County Council (BCC), Central Bedfordshire Council (CBC), Bedford Borough Council (BBC) and Luton Borough Council (LBC). 

In March 2008, BCC had submitted an Expression of Interest (EoI) to the Department for the Environment, Food and Rural Affairs (DEFRA) in relation to the Private Finance Initiative (PFI) process and enquired whether a partnership approach to securing a long term waste treatment solution would be suitable.  In May 2008, DEFRA had confirmed that the submission had met the Government’s criteria for PFI support and that a joint Outline Business Case (OBC) should be submitted to DEFRA by 31 October 2008 seeking formal PFI credit support.

The Portfolio Holder (Safer and Stronger Communities) informed the Shadow Executive that work had begun in 2004 and that Luton Borough and Bedford Borough Councils would be determining the commitment to the project. The cost of using landfill would be increasing and the financial penalties increasing for Councils unless Waste Management projects were deployed. If Waste Management projects were used PFI credits could be earned.  The plant, which would be required, would have to meet the requirements for 25 years thus there would initially be spare capacity.

The Director of Sustainable Communities explained to the Shadow Executive that there were many Government requirements which meant that Councils were required to consider the worst case scenario for costing, location etc. when determining the way forward.  In a letter dated 16 September 2008, DEFRA had stated its requirements relating to energy from waste combined heat and power.

The Shadow Executive considered two issues: firstly, the percentage of recycling should increase up to or greater than 60% by 2020 and waste minimisation to be endorsed.  Secondly, whilst the evidence of successful carbon capture was largely unproven at the moment, the criteria should be more specific by the time of tender evaluation.

In answer to questions, it was confirmed that the procurement costs would be shared equally by the three authorities.  A workshop had been held on 8 September 2008 to which the Shadow Executive, Sustainable Development and Safer & Stronger Communities TTF members had been invited.  This had considered the projection detail, with particular reference to affordability issues.  A joint meeting of the Sustainable Development and Safer & Stronger Communities TTFs, to which all Members of the Council had been invited, had considered the Shadow Executive report in detail.  The Transitional Task Force Members endorsed the recommendations contained within the report. The Director of Sustainable Communities confirmed to the Committee that the outcome of the tendering process would lead to a further decision making opportunity to decide whether  ...  view the full minutes text for item 36.

(This report seeks authority to proceed with the engagement of SAP UK Ltd and independent contractors to develop the new Central Bedfordshire SAP system.)

1.                  that the SAP proposal summary as set out in Appendix A to the exempt report of the Director of Corporate Resources be noted.

2.                  that SAP UK Ltd be appointed to oversee and assist with the development and completion of the SAP installation for Central Bedfordshire Council at a cost specified in paragraph 8 of the exempt report of the Director of Corporate Resources, and that the rationale for not performing a competitive tender process or placing an EU procurement notice as set out within the report, be noted.

(Note:  as indicated in the report for this item, the decisions above are exempt from the call-in procedure under paragraph 15(d) of the Overview and Scrutiny Procedure Rules).

[Exempt – Paragraph 3]

The Portfolio Holder (Corporate Resources) presented the report of the Director of Corporate Resources which sought authority to proceed with the engagement of SAP UK Ltd and independent contractors to develop the new Central Bedfordshire Council SAP system.

Reason for decision: As outlined in the Summary of the SAP Proposal contained in the report of the Director of Corporate Resources.  Adopting these recommendations will allow the development of a SAP installation for Central Bedfordshire Council by 1 April 2009.

RESOLVED

1.                  that the SAP proposal summary as set out in Appendix A to the exempt report of the Director of Corporate Resources* be noted.

* (not for publication by virtue of paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972)

2.                  that SAP UK Ltd be appointed to oversee and assist with the development and completion of the SAP installation for Central Bedfordshire Council at a cost specified in paragraph 8 of the exempt report of the Director of Corporate Resources, and that the rationale for not performing a competitive tender process or placing an EU procurement notice as set out within the report, be noted.

(Note:  as indicated in the report of the Director of Corporate Resources, the decisions above are exempt from the call-in procedure under paragraph 15(d) of the Scrutiny Procedure Rules).