To approve as a correct record, the Minutes of the meeting of the Shadow Executive held on 20 January 2009.

RESOLVED

that the Minutes of the meeting of the Shadow Executive held on 20 January 2009 be confirmed and signed by the Chairman as a correct record.

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 Corporate Resources referred to in Item No. CR8 and the report of the Director of Sustainable Communities referred to in Item SD2 contained information which was not for publication by virtue of Paragraph 3 of Part l of Schedule 12A of the Local Government Act 1972.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 these items 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 gives an update on the evolving Business Transformation Programme, the key streams proposed and future governance arrangements.  (Report of the Director of Business Transformation (Contact Officer: Clive Jones Tel: 01462 611168)))

that the progress being made on the Business Transformation Programme be noted and that Officers be requested to provide a further report on the options for governance of the programme to be presented to the Executive at a future meeting.

The Shadow Executive considered the report of the Director of Business Transformation, which updated Members on the evolving Business Transformation Programme, the key streams proposed and future governance arrangements.  The key components of the Business Transformation Programme were:-

·              business improvement activities – which would be completed within the first two years of Central Bedfordshire.

·              longer term transformation planning looking at the Vision, organisational blueprint which will take between three – five years.  This will be required to deliver a flagship status authority.

There were two other essential key areas to the overall Framework.  These being Place Shaping Projects and Strategic Projects.  Members were advised of the priorities for Central Bedfordshire on Business Transformation.  Officers were proposing that a similar arrangement to the structures created for the transitional governance be established for the Business Transformation Framework.  If this proposal was supported than a full review of the resources required to maintain similar arrangements would be undertaken and the results presented to a future meeting.

Reason for decision:  To obtain the Shadow Executive’s approval of the key streams and governance arrangements of the Business Transformation Programme.

RESOLVED

that the progress being made on the Business Transformation Programme be noted and that Officers be requested to provide a further report on the options for governance of the programme to a future meeting of the Shadow Executive.

(This report provides the latest position on indicators and targets for Central Bedfordshire's Local Area Agreement (LAA), and outlines the process and timetable for completing the negotiation of targets with Government (Report of the Director of Business Transformation (Contact Officer: Peter Fraser Tel: 01234 276943)))

1.         that the current indicators and targets for Central Bedfordshire Council’s Local Area Agreement (LAA), as set out in the tables in paragraph 2.4 of the report of the Director of Business Transformation, be agreed.

2.         that delegated authority be given to the Chief Executive, in consultation with the relevant Portfolio holder(s), to conclude the negotiation of any outstanding targets.

The Shadow Executive considered the report of the Director of Business Transformation which provided Members with the latest position on indicators and targets for Central Bedfordshire’s Local Area Agreement (LAA).  The report outlined the process and timetable for completing the negotiation of targets with Government.  A full list of indicators and targets that had been agreed under each key strategic theme was set out in the report. 

Negotiations were being carried out to specify the targets for improvement for each of the outstanding indicators for the remaining two years of the current Agreement that operates for the period 2008-11.  The Government had agreed that the responsibility for the final sign-off of the new LAA be delegated to the Shadow Executive, including delegated authority being given to the Interim Chief Executive, in consultation with the relevant Portfolio Holder(s), to conclude the negotiation of targets.

In response to a Member's question it was confirmed that target NI 171 – new business registration rate was a local indicator and would be revisited by the authority at a future date.  A seminar for Town and Parish Councils would be held on 29 April 2009.  It would highlight the working with common ties.

Reason for decision:  To comply with the regulations relating to the preparation, submission and modification of an LAA under sections 106, 110, 111 and 113 of the Local Government and Public Involvement in Health Act 2007.

RESOLVED

1.                  that the current indicators and targets for Central Bedfordshire Council’s Local Area Agreement (LAA), as set out in the tables in paragraph 2.4 in the report, be agreed.

2.                  that delegated authority be given to the Interim Chief Executive, in consultation with the relevant Portfolio Holder(s), to conclude the negotiation of any outstanding targets.

(To consider a range of matters in relation to the first stage of the review of the East of England Plan and the proposed response to the statutory call for advice from EERA  (Report of the Director of Sustainable Communities (Contact Officer: Mrs Sue Frost Tel: 01462 611337/Simon Andrews Tel: 01462 611352)))

1.                  that the main findings and conclusions of the report, of the Director of Sustainable Communities, be approved as the basis of a response for Central Bedfordshire on the call for advice from EERA.

2.                  that the Director of Sustainable Communities, in consultation with the Portfolio Holder (Sustainable Development), be authorised to amend the response to incorporate any minor amendments.

The Shadow Executive considered the report of the Director of Sustainable Communities regarding the range of matters in relation to the first stage of the review of the East of England Plan and the proposed response to the statutory call for advice from EERA.  Once EERA had received the advice, further technical work and consultation on development options would be around Spring/Summer 2009.  Central Bedfordshire Council Officers had undertaken to make ‘best endeavours’ to assist in the review process and to provide advice where appropriate.

The Portfolio Holder (Sustainable Development) informed the Shadow Executive that the proposal was to extend the Plan to 2031.

The Shadow Executive agreed with officers that for Central Bedfordshire as a whole, the Council could not agree to anything beyond Scenario 1 (roll-forward of existing East of England Plan housebuilding rates).  In addition the Shadow Executive requested that the Portfolio Holder incorporate comments regarding the reliance on the delivery of currently programmed infrastructure, together with the provision of additional key infrastructure requirements and employment development which will be required to sustain further growth.  

The Shadow Executive noted the proposal to transfer powers from the East of England Regional Assembly to the East of England Development Agency.  The Executive also noted the Conservative Party’s recent proposal to abolish all regional planning and housing powers exercised by regional government and return these powers to local authorities.

Reason for decision:  To obtain agreement for an initial response to EERA regarding the scenarios for levels of growth, the call for sites proposals and the regional scale settlement study.

RESOLVED

1.                  that the main findings and conclusions of the report, of the Director of Sustainable Communities, as the basis of a response for Central Bedfordshire on the call for advice from EERA, be approved.

2.                  that the Director of Sustainable Communities, in consultation with the Portfolio Holder (Sustainable Development), be authorised to amend the response to incorporate any minor amendments.

(To set out the Council's Treasury Management Policy document and agree the annual Treasury Management Strategy for 2009/10.  (Report of the Director of Corporate Resources (Contact Officer: Brian Mew Tel: 01462 611070)))

that the Council be recommended to:-

1.            approve the Treasury Management Policy and Annual Treasury Management Strategy 2009/10; and

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

The Shadow Executive considered the report of the Director of Corporate Resources regarding the Council’s Treasury Management Policy document and the annual Treasury Management Strategy for 2009/10.  When compiling the two documents external advice and guidance had been sought from both the external advisors currently used by both the County and District Councils. 

The opening treasury position at 1 April 2009 was £154m debt, £128m investments with a net spend of £26m.  In accordance with the Prudential Code, Central Bedfordshire Council would ensure that net external borrowing would not, except in the short-term, exceed the Capital Financing Requirement.

Officers were formulating a very detailed Treasury Management Practices Statement which would set out how the Council would conduct its Treasury Management practices covering some 12 different areas of activity. 

The Portfolio Holder (Corporate Resources) provided Members with an update regarding the CIPFA Code of Practice on Treasury Management in the Public Services (Revised 2001).

In addition, in paragraph 2(a) the Treasury Management Practices Statement would be outsourced to an advisory service for a period of three years but costs would be kept as low as possible.

Members asked a number of questions regarding guidance and investments, to which the Portfolio Holder (Corporate Resources), the Interim Financial Services Manager Brian Mew and the Director of Corporate Resources responded.

Reason for decision:  To enable the Council to have in place an approved Treasury Management Policy and Strategy for 2009/10 prior to commencement of business on 1 April 2009.

RECOMMENDED

that the Council be recommended to:-

1.            approve the Treasury Management Policy and Annual Treasury Management Strategy 2009/10; and

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

(To recommend a Capital Programme for Central Bedfordshire to the Shadow Council for approval.  (Report of the Director of Corporate Resources (Contact Officer: Brian Mew Tel: 01462 611070)))

that the Shadow Executive, having considered the comments of the Shadow Scrutiny Committee and Corporate Resources Transitional Task Force on the proposed draft Capital Programme, recommends that the Council:-

1.            approves the General Fund Capital Programme for 2009/10 – 2010/11 attached at Appendix B to the report of the Director of Corporate Resources now submitted;

2.                  2.                  approves in principle the indicative Capital Programme proposals for 2011/12 – 2012/13 attached at Appendix C subject to:-

(i)      a limit of expenditure of £50m, as indicated in paragraph 5 of the report of the Director of Corporate Resources and Scrutiny Committee be requested to establish a task force to review the Capital Programme having regard to the requirements of Central Bedfordshire Council, early in the new municipal year;

(ii)   adoption of the principle that the Capital Programme should not include provision for bridging loans in respect of S106 agreements except where exceptional circumstances dictate.

3.            approves the Housing Revenue Account Capital Programme for 2009/10 – 2012/13, attached at Appendix E.

4.            approves the Capital Investment Strategy, attached at Appendix F.

The Shadow Executive considered the report of the Director of Corporate Resources which set out the Capital Programme 2009/10 – 2012/13 for Central Bedfordshire Council.  Since the draft programme had been considered by the Shadow Executive there had been a number of amendments to the programme which were highlighted in the Appendices attached to the report.

Officers were recommending that the Council should keep its options open at this stage in terms of whether to fund the unfinanced element of the Capital Programme by the use of capital receipts or borrowing.  Three issues had been identified when considering the financing of the Capital Programme proposed in the report and these were:-

·              the effect of slippage;

·              the level of new capital receipts; and

·              the need to “smooth” the programme to ensure affordability.

The Shadow Scrutiny Committee on 22 January 2009 and the Corporate Resources Transitional Task Force had considered the draft Capital Programme and comments from these meetings were attached at Appendix “A” to the report and also in the Chairman's Briefing note, dated 13 February 2009.

The Corporate Resources Transitional Task Force (TTF) had made the following comments to the Shadow Executive:-

·                    Shadow Scrutiny be requested to set up a task force to conduct a scrutiny of the purchase and disposals aspects of asset management.  This having recognised that projects from legacy authorities would have to be taken forward.

·                    the TTF endorsed the Capital Programme subject to the findings of the Task Force.

·                    "Bridging Loans" should not be an option for S106 schemes.

The Shadow Executive considered the comments of the TTF and agreed with its proposals except in relation to the "bridging loans".  It was felt that there could be exceptional circumstances where it might be appropriate to approve such loans and that each case should be considered on its own merits.  Criteria would need to be set, against which the merits of provision of a bridging loan could be assessed.

The proposal to establish a Task Force of the Scrutiny Committee was approved and it was felt that the role of such a Task Force should be to establish a set of criteria against which capital projects could be considered for inclusion in the Capital Programme.

Reason for decision:  To recommend a Capital Programme to the Shadow Council on 26 February 2009 for approval.

RECOMMENDED

that the Shadow Executive, having considered the comments of the Shadow Scrutiny Committee and Corporate Resources Transitional Task Force on the proposed draft Capital Programme, recommends that the Council:-

1.            approves the General Fund Capital Programme for 2009/10 – 2010/11 attached at Appendix “B” to the report of the Director of Corporate Resources now submitted;

2.                  approves in principle the indicative Capital Programme proposals for 2011/12 – 2012/13 attached at Appendix “C” subject to:-

(i)     a limit of expenditure of £50m, as indicated in paragraph 5 of the report of the Director of Corporate Resources.  Scrutiny Committee be requested to establish a task force to review the Capital Programme having regard to  ...  view the full minutes text for item 88.

(The report determines the level of Council Tax for 2009/10 to deliver services taking into account the level of available resources.  (Report of the Director of Corporate Resources (Contact Officer: Matt Bowmer Tel: 01462 611254)))

1.                   that Officers be requested to formulate a further two options for reducing the rate of the proposed Band D Council Tax for 2009/10 to:-

(i)     1%; and

(ii)   2.5% respectively

and to report thereon to the meeting of the Shadow Council to be held on 26 February 2009 including the implications for:-

(a)              service levels, the revenue budget 2009/10 and the medium term financial plan 2009/10 – 2013/14;

(b)              equalisation of Council Tax levels between Mid and South Bedfordshire by 2010/11 (end of year 2);

(c)               the General Fund Reserve level for 2009/10 – 2013/14

2.                  that the Council Tax Base, as set out in Appendix 1 of the report of the Director of Corporate Resources now submitted, be noted.

3.                  that the Council be recommended to approve the Housing Revenue Account Business Plan, as set out at Appendix 7 to the report of the Director of Corporate Resources.

4.                  that the Council be recommended:-

(a)              to approve the proposed differential fee structure for 2009/10 in respect of the limited number of district fees and charges set out in paragraph 8 of the report now submitted save for the reinstatement of the concession for collecting cement bound asbestos for people in receipt of means tested benefit; and

(b)              subject to (a) above and rounding up of figures where appropriate, to approve the Fees and Charges as set out in Appendix 8 of the report, for implementation with effect from 1 April 2009.

The Shadow Executive considered the report of the Director of Corporate Resources which set out the proposed level of Council Tax for 2009/10 to deliver services taking into account the level of available resources. 

As well as the challenge of constructing a new budget for a new authority there had also been the challenge of the current economic climate with reduced interest rates and the loss of income from services such as land charges and planning fees.  Members were advised that without these pressures a nil Council Tax increase would have been a real possibility.

The proposed budget of £165.8m would be prudent and a realistic baseline on which to go forward with an average Council Tax increase across Central Bedfordshire of 3.267% for 2009/10.  This comprised increases for the former Mid Bedfordshire and South Bedfordshire areas of 3.50% and 3.00% giving a Council Tax of £1,275.84 and £1,320.52 respectively.  It was further proposed that differential increases continue to be applied for the subsequent three years in order to equalise Council Tax rates across the new authority by 2012/13.  The total resources from Council Tax and Formula Grant would be £171.34m.

There followed a detailed discussion regarding possible different levels of Council Tax for South Bedfordshire and Mid Bedfordshire residents and the impact on service delivery for the new authority in relation to each level.

The Director of Corporate Resources confirmed that the current economic climate had had an impact on the investments of the Council and the loss of £5m from investment income due to current markets.  This had affected the budget and what could be considered for the Council Tax levels.

Members requested that Officers formulate two further options for reducing the Band D Council Tax increase to 1% and 2.5% respectively, for submission to the Shadow Council on 26 February.  It was indicated that such adjustments would need to be achieved through the reduction of services and/or in the level of reserves.  Members requested that details of the full implications of reducing Council Tax Income be presented to the Council.

The average Housing Revenue Account (HRA) rent increase for 2009/10 would be 6.2%, which had largely been prescribed by Government in pursuit of equalising rents at a local level between Council tenants and those in private sector rented accommodation.  The Council’s housing stock was in good condition and would meet the Decent Homes standards on 1 April 2010. 

Members were advised that where Central Bedfordshire Council’s fees and charges were to be increased it would be by no more than 3%.  Members also asked for figures to be rounded to an appropriate level.  A request was made that the fee for the collection of cement bound asbestos for people in receipt of means tested benefits be not removed.  The Portfolio Holder (Corporate Resources) agreed to this request and commented that demand for this service was in any event limited. 

The bid document had assumed savings of £11.5m and a significant element of these would be achieved in  ...  view the full minutes text for item 89.

(A presentation of the draft Central Bedfordshire Council Property Strategy and the latest Medium Term Accommodation Plan.  Additionally updates on those property related matters that have been previously presented to Shadow Executive.  (Report of the Director of Corporate Resources (Contact Officer: Caroline Carruthers Tel: 01234 228807)))

1.         that the Central Bedfordshire Council Property Strategy set out at Appendix 1 to the report of the Director of Corporate Resources, be adopted.

2.         that the approach to the Medium Term Accommodation Plan as set out in the report of the Director of Corporate Resources, be endorsed.

The Shadow Executive considered the report of the Director of Corporate Resources which set out the draft Central Bedfordshire Council Property Strategy and the latest Medium Term Accommodation Plan.  As at 1 April 2009 the existing work and service delivery locations would remain the same unless a robust business case justified a specific move.

Officers were undertaking an option appraisal for identifying future locations for the provision of additional accommodation.  Negotiations had begun and were ongoing for a number of options identified as those which satisfied more of the assessment criteria. 

The Portfolio Holder (Corporate Resources) informed the Shadow Executive that the replacement table for page CR4.7 as mentioned in the Chairman's Briefing Note had not been available for the meeting but would be circulated as soon as possible.

The Medium Term Accommodation Plan would be split into two phases:-

·              the short-term accommodation capacity to accommodate substantial numbers of Central Bedfordshire employees within the Central Bedfordshire geographic area;

·              identifying and agreeing a long-term solution for property and accommodation for Central Bedfordshire and the optimum procurement route to achieve this.

Services would be required to consider the use of property assets and how these supported service outcomes.  These would be assessed against the wider context of property management within Central Bedfordshire.  Officers were proposing that a Medium Term Accommodation Plan working group be formed to make decisions on an operational basis.

Reason for decision:  So that Shadow Executive can adopt a policy related to the future management of Central Bedfordshire Council’s property assets and influence property matters which are to be undertaken as part of the creation of Central Bedfordshire.  This included adopting the Medium Term Property Strategy and endorsing the approach to the agreement and implementation of a Medium Term Accommodation Plan for Central Bedfordshire Council.

RESOLVED

1.      that the Central Bedfordshire Council Property Strategy, as set out at Appendix 1 to the report of the Director of Corporate Resources, be adopted.

2.      that the approach to the Medium Term Accommodation Plan as set out in the report of the Director of Corporate Resources, be endorsed.

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

1.                  that the progress report be noted and that Officers be requested to provide a further progress report to the next meeting of the Shadow Executive.

2.                  that the update on shared services be noted and the proposed way forward for service delivery as set out in respect of each service listed in Appendix A of the report of the Programme Management Office now submitted, be noted;

3.                  that delegated authority be given to the Interim Chief Executive to revise the list dependent upon the outcome of any further negotiations;

4.                  that delegated authority be given to the Interim Chief Executive and Directors to “sign off” the final versions of the service level agreements in their respective service areas.

5.                  that the proposal to re-designate second and third tier posts in the Central Bedfordshire staffing structure as “Assistant Directors” and “Heads of Service” respectively, be endorsed.

The Shadow Executive considered the report of the Programme Management Office with regard to the overall progress following the adoption of the Implementation Plan by the Shadow Executive on 10 June 2008.

The Implementation Plan had been amended so that it was aligned to the more detailed Key Transition Milestone Plan.  Members were advised of the following updates:-

The Deputy Chief Executive, MBDC informed the Shadow Executive that the CLG stocktake for Central Bedfordshire Council would be on Tuesday, 10 March 2009.  Bedford Borough Council's stocktake would be next week.

An update on the current position in respect of Shared Services had been included with the Chairman’s Briefing Note circulated on 13 February 2009.  The appendix to the update listed the services for which Service Level Agreements (SLAs) had been considered, the proposed way forward for each service, the current position regarding that service and the stage reached in preparing an SLA.

The Director of Corporate Resources confirmed that the payroll detail had been received from Bedford Borough Council and that two parallel runs would be carried out prior to vesting day.

In addition, the Director of Corporate Resources confirmed that no agreement had been reached with Bedford Borough Council regarding the disaggregation of Bedfordshire County Council assets.  Discussions remained ongoing.

The Portfolio Holder (Corporate Resources) confirmed that the workstream for mapping staff would be completed by 27 February 2009.  A copy of the workstream would be circulated to all Members in the Members' Newsletter.

A review of the titles for second and third tier posts had been carried out and it was now proposed that the terms "Assistant Directors" and "Heads of Service" be applied.

The Interim Chief Executive confirmed the Contact Centre telephony equipment would not be available prior to 1 April 2009.  This had resulted in alternative arrangements being put into place.  There would be no significant difference at Melbourne House and the 0300 number would still apply.

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 progress report be noted and that Officers be requested to provide a further progress report to the next meeting of the Shadow Executive;

2.                  that the update on shared services be noted and the proposed way forward for service delivery as set out in respect of each service listed in Appendix “A” of the report of the Programme Management Office now submitted with the Chairman’s Briefing Note, be noted;

3.                  that delegated authority be given to the Interim Chief Executive to revise the list dependent upon the outcome of any further negotiations;

4.                  that delegated authority be given to the Interim Chief Executive and Directors to “sign off” the final versions of the service level agreements in their respective service areas; and

5.                  that the proposal to re-designate second and third tier posts in the Central Bedfordshire staffing structure as “Assistant  ...  view the full minutes text for item 91.

(This report seeks authority to award a tender for the provision of insurance cover in support of the creation of Central Bedfordshire Council.  (Report of the Director of Corporate Resources (Contact Officer: Nick Murley Tel: 01462 611605)))

that the award of tenders to procure the provision of insurance cover for Central Bedfordshire, for a period of three years at an indicative cost of £893,165, as set out in the schedule at Appendix 2 to the report of the Director of Corporate Resources, be approved.

The Shadow Executive considered the report of the Director of Corporate Resources with regard to awarding tenders for the provision of insurance cover in support of the creation of Central Bedfordshire.  Consultants Heath Lambert, as insurance brokers, had carried out a tendering process for the provision of insurance cover.  Six tenders had been received in December 2008 for all or parts of the program.  Since then the tenders had been reviewed and further information provided.  The Contract would be for a three year long-term agreement with an option to extend for a further two years. 

The total indicative cost including a claims handling service and Insurance Premium Tax of 5% was £893,165 and would be contained within the budget allocation made for 2009/10.

In response to Members' questions, the Portfolio Holder (Corporate Resources) confirmed that Head Teachers and School Governors would be covered under the liability cover in Appendix 2.

Reason for decision:  To enable Central Bedfordshire to have adequate insurance cover from 1 April 2009.

RESOLVED

that the award of tenders to procure the provision of insurance cover for Central Bedfordshire, for a period of three years at an indicative cost of £893,165, as set out in the schedule at Appendix 2 to the report of the Director of Corporate Resources, be approved.

This report seeks approval of a number of key information policies for Central Bedfordshire Council.  (Report of the Director of Corporate Resources (Contact Officer: Robert Wood Tel: 01462 611609)))

1.         that the attached policies, at Appendix A - Data Protection Policy as amended at paragraph 19.6, Appendix B - Freedom of Information Policy, Appendix C - Environmental Information Regulations Policy and Appendix D - Re-use of Public Sector Information Regulation Policy to the report of the Director of Corporate Resources, for implementation on 1 April 2009, be approved; and

2.         that the responsibility for the insertion of final administrative changes (e.g. contact details) be delegated to the Head of Service (ICT) in conjunction with the Head of Service (Policy and Performance).

The Shadow Executive considered the report of the Director of Corporate Resources with regard to approving a number of key information policies for Central Bedfordshire Council.  These policies were:-

·              Data Protection Policy

·              Freedom of Information Policy

·              Environmental Information Regulations Policy

·              Re-use of Public Sector Information Regulation Policy

Members were advised that from 1 April 2009 these policies would transfer to the Directorate of Business Transformation.

The Head of ICT in response to Members’ questions confirmed that the policies represented best practice.

Members expressed concern at the wording contained in paragraph 19.6 on page 18 of the Data Protection Policy.  Members were concerned about disclosure without consent of the individual involved.  It was agreed that the words "is statutorily or legally obliged to do so" should be inserted in place of "considers it is appropriate to do so".

Reason for decision:  Central Bedfordshire Council had a need to meet a number of legal and best practice requirements relating to information and its management.  This compliance was defined through a number of policies and the report sought the Shadow Executive’s approval for the first group of these.

RESOLVED

1.         that the attached policies, at Appendix “A” - Data Protection Policy as amended at paragraph 19.6, Appendix “B” - Freedom of Information Policy, Appendix “C” - Environmental Information Regulations Policy and Appendix “D” - Re-use of Public Sector Information Regulation Policy to the report of the Director of Corporate Resources, for implementation on 1 April 2009, be approved; and

2.         that the responsibility for the insertion of final administrative changes (e.g. contact details) be delegated to the Head of Service (ICT) in conjunction with the Head of Service (Policy and Performance).

(This report seeks authority to procure Microsoft software licences in support of the creation of the new ICT infrastructure for Central Bedfordshire Council.  (Report of the Director of Corporate Resources (Contact Officer: Robert Wood Tel: 01462 611609)))

that the procurement of Microsoft Licences (Phase 1) to the value of £889,694 as set out in the report of the Director of Corporate Resources, be approved.

The Shadow Executive considered the report of the Director of Corporate Resources which sought authority to procure Microsoft software licences in support of the creation of the new ICT infrastructure for Central Bedfordshire Council.  The cost of the licences would fall within the anticipated budget provision, but due to the value of the purchase, approval of the Shadow Executive was required under Central Bedfordshire Council’s Procurement Rules.

There were two methods that Microsoft offered larger organisation in procuring the licences.  These were:-

·              Enterprise Agreement

·              Select Agreement

Officers were recommending that the most appropriate licence was the Enterprise Agreement.

The Microsoft licensing procurement would be split into two phases:-

·              that both the necessary licences and the major procurement activity be in place for 1 April 2009;

·              “top up” licences required in accordance with the Enterprise Agreement provisions to ensure our legal compliance.

The Head of ICT confirmed in response to Members' questions that the grace period which Microsoft had once offered to businesses purchasing their software, had ceased after version 4 of the grace period.

Some discussion took place as to whether the cost of acquiring the software licences could be capitalised and the Director of Corporate Resources undertook to investigate whether this would be possible.

Reason for decision:  The procurement of the first batch of an estimated two, for Microsoft software licences necessary to implement the ICT infrastructure for Central Bedfordshire Council.  Procurement of the licences was in line with the approved ICT Programme PID which stated ‘Whilst ensuring that stability in operations remains throughout and risk is suitably contained, the concept behind ICT for Central Bedfordshire will be to create a new fit for purpose infrastructure’.

RESOLVED

that the procurement of Microsoft Licences (Phase 1) to the value of £889,694 as set out in the report of the Director of Corporate Resources, be approved.

The Forward Plan for the period 1 March 2009 to 30 June 2009 published on 13 February 2009, was received.

RESOLVED

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

the report referred to in Minute No. SE/08/97.

(The report identifies the risks associated with each of the available contract options for managing the highway network in support of the recommendation to split the existing contract with Amey into two stand alone contracts, one for Central Bedfordshire and one for Bedford Borough.  (Report of the Director for Sustainable Communities (Contact Officers: Eddie Ball Tel: 01234 228606/Basil Jackson Tel: 01234 228477)))

1(a)     that officers be instructed to negotiate with Bedford Borough Council (BBC) in accordance with option 2 as detailed in the report of the Director of Sustainable Communities which is exempt by virtue of paragraph 3 of Part I of Schedule 12A of the Local Government Act 1972.

1(b)     that, in the event that the option referred to in recommendation 1(a) above cannot be negotiated successfully, Officers negotiate further with BBC and Amey as indicated in the exempt report of the Director of Sustainable Communities.

1(c)     that, in the event that the action under 1(a) and 1(b) above both fail, Officers provide a more detailed report on the financial and operational risks of the remaining options as detailed in the exempt report of the Director of Sustainable Communities.

The Shadow Executive considered the report of the Director of Sustainable Communities which identified the risks associated with each of the available contract options for managing the highway network and which was not for publication by virtue of paragraph 3 of Part I of Schedule 12A of the Local Government Act 1972.

Reason for decision:  To ensure the provision of highways services for Central Bedfordshire at best value.

RESOLVED

that the following approach be approved:-

1(a)     that Officers be instructed to negotiate with Bedford Borough Council (BBC) in accordance with option 2 as detailed in the report of the Director of Sustainable Communities which is exempt by virtue of paragraph 3 of Part I of Schedule 12A of the Local Government Act 1972.

1(b)     that, in the event that the option referred to in recommendation 1(a) above cannot be negotiated successfully, Officers negotiate further with BBC and Amey as indicated in the exempt report of the Director of Sustainable Communities.

1(c)     that, in the event that the action under 1(a) and 1(b) above both fail, Officers provide a more detailed report on the financial and operational risks of the remaining options as detailed in the exempt report of the Director of Sustainable Communities.