Agenda, decisions and minutes

Agenda, decisions and minutes

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

Contact: Devina Lester  01234 228857

Items
No. Item

118.

Minutes pdf icon PDF 168 KB

To approve as a correct record the Minutes of the meeting of the Executive held on 10 November 2009.

Minutes:

 

RESOLVED:

 

The minutes of the meeting held on 10 November 2009 were confirmed and signed by the Chairman as a correct record subject to the inclusion of the attendance of Councillor John Street.

 

119.

Declarations of Interest

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

 

 

(a)    

Personal Interests in any Agenda item

 

 

(b)    

Personal and Prejudicial Interests in any Agenda item

Minutes:

 

(a)

Personal Interests:-

 

 

The following non Executive Members in attendance declared personal interests:

 

Councillor Susan Goodchild declared a personal interest as her husband was in receipt of adult care services provided by the authority.

 

Councillor Dr R Egan declared a personal interest as she lived in sheltered housing provided by the authority.

 

(b)

Personal and Prejudicial Interests:-

 

 

None.

 

 

 

120.

Chairman's Announcements

 

To receive any announcements and any matters of communication from the Chairman.

Minutes:

 

The Chairman announced that she was going to vary the order of business and take the agenda items 12 to 16  from the Portfolio Holder for Children’s Services first and take agenda item 19 from the Portfolio Holder for Sustainable Development as the last item of business in the public part of the meeting.

 

The Chairman then drew attention to the publication of the following Inspection Reports :-

 

CAA  (Comprehensive Area Assessment)

 

The Audit Commission was publishing its first CAA (Comprehensive Area Assessment) reports on 9 December 2009 which examined how well councils and other public bodies worked together to meet the needs of the people they serve.

The CAA comprised two assessment reports. One that assesses the Council and one that assesses how the Council is working with partners to improve the Central Bedfordshire area. 

Overall both assessments gave a fair and reasonably positive reflection of Central Bedfordshire and the Council. This was particularly pleasing as the Council was less than 6 months old when the inspection took place.

The reports commented that the Council had clear aims, worked well with partners, and that the area was clean, safe and green.   

Summary information from the assessments would be made available to all Councillors. 

 

 

Adult Social Care

The Council had also received the Annual Performance Report for Adult Social Care published by the Care Quality Commission.

Despite the Council’s clear challenges in this area, the CQC was supportive of the Authority’s approach to recovery and acknowledged that the Council was aware of its performance position and was committed to driving improvements that will result in better outcomes for people.

Children's Services

The annual Ofsted rating for Children's Services would be published on 9th December. Councillor Anita Lewis would be writing to all Members to advise them of the outcomes of this assessment.

 

121.

Petitions

To consider any petitions received in accordance with the Scheme of Public Participation set out in Annex 2 of Part A4 of the Constitution.

 

Minutes:

 

There were no petitions presented to the Executive.

 

122.

Public Participation

To deal with general questions and statements from members of the public in accordance with the scheme of public participation set out in Appendix A to the Public Participation Scheme.

 

Minutes:

 

The Chairman announced that there were seven requests to speak in accordance with the Scheme of Public Participation to be dealt with at the start of the following agenda items:-

 

Item 14 – Future of Special Schooling in the East of the Authority

 

Item 15 – Holmemead Special School – New Autism Spectrum Disorder                         Provision

 

Item 19 – Luton Dunstable Busway

 

123.

All Saints' Academy, Dunstable - Procurement of New Buildings pdf icon PDF 86 KB

 

The report proposes the inclusion of the scheme to rebuild All Saints’ Academy, Dunstable within the Council’s Capital Programme.

 

 

Additional documents:

Decision:

1.         That the Deputy Chief Executive/Director of Children, Families and Learning be authorised to commence the scheme to rebuild All Saints’ Academy, Dunstable, subject to consultation, as appropriate, with the Director of Corporate Resources, including the approval of the Final Business Case for the Academy project on the Council’s behalf.

 

2.         That the additional requirement for project funding beyond that provided by external grant of £300,000, as set out in the financial comments section of the submitted report, be agreed and included within the planning of the capital programme in the relevant financial years.

 

3.         That the Project Initiation Document for the All Saints’ Academy, Dunstable project, as set out in Appendix A to the submitted report, be approved and the scheme for rebuilding the Academy be implemented within the budget provided by Partnerships for Schools.

 

Minutes:

 

The Executive considered a report from Councillor Mrs Anita Lewis, Portfolio Holder for Children’s Services proposing the inclusion of the scheme to rebuild All Saints’ Academy, Dunstable within the Council’s Capital Programme and to agree an appropriate arrangement for the Council to approve the Final Business Case during 2010.

 

The Portfolio Holder reminded Members that her report to the Executive on 15 September, 2009 (E/09/57 refers) had set out preliminary arrangements for the scheme.  Formal inclusion into the Capital Programme was being sought to enable the scheme to commence during 2010.

 

Reason for decisions:

 

(1)     So that the scheme can commence and be formally included in the capital programme.

(2)     So that sufficient and appropriate resources are available to ensure that the Council’s risks are effectively managed and its responsibilities are discharged fully, including maintaining the oversight of the scheme and the maintenance of agreed design standards.

(3)     So that the scheme is managed appropriately, which will require considerable technical input from the Council’s corporate officers, in order to maintain the scheduled build programme, as set out in the Project Initiation Document, within the budget allocated by Partnerships for Schools

 

RESOLVED:

 

1.         That the Deputy Chief Executive/Director of Children, Families and Learning be authorised to commence the scheme to rebuild All Saints’ Academy, Dunstable, subject to consultation, as appropriate, with the Director of Corporate Resources, including the approval of the Final Business Case for the Academy project on the Council’s behalf.

 

2.         That the additional requirement for project funding beyond that provided by external grant of £300,000, as set out in the financial comments section of the submitted report, be agreed and included within the planning of the Capital Programme in the relevant financial years.

 

3.         That the Project Initiation Document for the All Saints’ Academy, Dunstable project, as set out in Appendix A to the submitted report, be approved and the scheme for rebuilding the Academy be implemented within the budget provided by Partnerships for Schools.

 

124.

Bedfordshire East Schools Trust Co-Location Project pdf icon PDF 80 KB

 

The report outlines the Bedfordshire East Schools Trust Co-Location Project which has been subject of a successful bid for Government funding.  Members are asked to approve the project for inclusion in the Council’s Capital Programme.

 

 

Additional documents:

Decision:

That approval be given to commence the Bedfordshire East Schools Trust co-location project, as outlined in the project initiation document at Appendix A to the submitted report.

Minutes:

 

The Executive considered a report from Councillor Anita Lewis, Portfolio Holder for Children’s Services seeking approval to commence the  Bedfordshire East Schools Trust Co-Location Project. The project, which had been successful in a bid for Government funding, would provide physical facilities for local services in a single location.

 

The Portfolio Holder advised Members that the Government funding would be used to support capital projects that enabled the co-location of local services.  The report outlined the facilities and services to be provided by the project to be based at Samual Whitbread Community College in Shefford and the key benefits of the project.

 

Reason for decision:  So that the scheme can be formally commenced and implemented within the budget allocated by Partnerships for Schools and contributions by the project’s partners.

 

 

RESOLVED:

 

That approval be given to commence the Bedfordshire East Schools Trust co-location project, as outlined in the project initiation document attached at Appendix A to the submitted report.

 

125.

Future of Special Schooling in the East of the Authority pdf icon PDF 90 KB

 

The report summarises the responses to the consultation on the future of special schooling that was initiated by the Executive at its meeting on the 23 June 2009 and proposes that the Executive supports the recommendation to merge Sunnyside and Hitchmead schools.

 

 

Additional documents:

Decision:

As part of its deliberations the Executive also considered the resolutions of the Children, Families and Learning Overview and Scrutiny Committee from its meeting on 1 December together with responses to a number of questions that the Committee raised.  The Portfolio Holder Children’s Services in commending the Overview & Scrutiny for their diligence in examining the proposals advised that the points raised by the Committee would be taken on board in moving forward with the proposed merger. 

 

RESOLVED:

 

1.         That the Executive supports the proposed merger of Hitchmead and Sunnyside Schools to create an area Special School, taking account of the views expressed by the people who responded to the consultation.

 

2.         That the Executive authorises the publication of Statutory proposals to cease to maintain Hitchmead Foundation Special School with effect from 31.08.10 and related proposals to make a prescribed alteration to Sunnyside Community Special School to become an Area Special School for pupils with complex needs aged 3 – 19 across the two current school sites from 01.09.10.  The merged school could be renamed.

 

            [N.B.  The publication by the Council of Statutory Notices will provide a further consultation period of a minimum of 6 weeks.]

 

Minutes:

 

 

The Executive received a report by Councillor Anita Lewis, Portfolio Holder for Children’s Services summarising the responses to the consultation on the future of special schooling that had been initiated by the Executive at its meeting on 23 June 2009 (Minute E/09/09 refers). The report proposed the merger of Sunnyside and Hitchmead Schools.

 

Prior to consideration of the report and in accordance with the Scheme of Public Participation, the Executive received questions and statements from the following members of the public:-

 

1.                  Mrs Christine James 

2.                  Mr Steve Court

3.                  Mr Paul Cross

4.                  Mrs Yvonne Talbolt

 

Councillor Mrs Lewis thanked the parents for attending the meeting and asking their questions. She explained that due to the late receipt of the questions, detailed written replies would be provided. The Portfolio Holder then drew attention to the questions which had also been raised at the Children’s Services Overview & Scrutiny Committee on 1 December and the responses to those questions which had been circulated with the Chairman’s briefing note. 

 

In response to the questions and concerns raised by the parents present at the meeting, the Deputy Chief Executive/ Director of Children, Families and Learning gave an overview of the proposed merger.  She explained that with falling pupil numbers the Council had to make a decision on the proposed merger in order to provide efficient education for children and young people with Special Education Needs (SEN). Members were assured that there would be no lessening of SEN education although the proposed merger, would reduce the fixed costs and lead to greater financial security for the schools.  Should the Executive be minded to approve the proposed merger a further 6 week consultation period would commence leading to the start of detailed planning with the head teachers and governing bodies on governance arrangements for the new school. The Director concluded by explaining that individual letters on the detailed points raised in the questions would be sent to the parents.

 

The Executive then debated the proposed merger.  The Chairman of the Children’s Services Overview & Scrutiny Committee explained that the Committee had reviewed the proposals at great length. The Committee supported the proposed merger as the way forward whilst recognising the aim must be to have a purpose built special school should sufficient capital funding become available.  In response to comments about a lack of financial detail, the Director of Children, Families and Learning explained that officers could only prepare detailed financial information and an implementation plan, including school organisation information, should the proposed merger be approved.  With regard to the legislative process, the Director clarified that the proposed merger fulfilled the requirements of competition legislation now in place.

 

The Portfolio Holder concluded the discussion by thanking the Children, Families and Learning Overview and Scrutiny Committee for their diligence in examining the proposals and confirmed that the points raised by the Committee would be taken on board in moving forward with the proposed merger. 

 

Reason for decisions: So that the Council discharges its duty to secure  ...  view the full minutes text for item 125.

126.

Holmemead Middle School - New Autism Spectrum Disorder Provision pdf icon PDF 77 KB

 

The report requests that Executive approve the statutory proposals to establish a new 8 place Autistic Spectrum Disorder (ASD) base at Holmemead Middle school with effect from September 2010.

 

 

Additional documents:

Decision:

1.         That the Statutory Proposals to establish new Autistic Spectrum Disorder (ASD) provision for pupils at Holmemead Middle School, Biggleswade with effect from 1 September 2010, as set out in the submitted report,  be approved.

 

2.         That approval be given to the allocation of £500,000 from within the Council’s 2010/11 Capital Programme to support the capital costs necessary to implement the proposals.

 

Minutes:

 

The Executive considered a report from Councillor Mrs Lewis, Portfolio Holder for Children’s Services that sought approval to statutory proposals to establish a new 8 place Autistic Spectrum Disorder (ASD) base at Holmemead Middle School, with effect from September 2010.

 

In accordance with the Scheme of Public Participation, the Executive received a question from Mr Steve Court asking if the Executive foresaw any impact on the existing Sunnyside School satellite class as a result of the proposal to establish new Autism Spectrum Disorder (ASD) provision at Holmead Middle School.  Councillor Mrs Lewis responded by explaining that the aim of the proposal was to improve ASD provision and not to remove provision from Sunnyside School.

 

Reason for decisions: Following the period of Statutory Consultations, there is a need to determine the proposals within 2 months of the end of the consultation period.  The proposal will ensure improved provision within the East of the Council’s area to meet an identified need for specialist ASD provision. It will also ensure that capital funding is in place to support the capital costs associated with the establishment of the new provision.

 

RESOLVED:

 

1.         That the Statutory Proposals to establish new Autistic Spectrum Disorder (ASD) provision for pupils at Holmemead Middle School, Biggleswade with effect from 1 September 2010, as set out in the submitted report,  be approved.

 

2.         That approval be given to the allocation of £500,000 from within the Council’s 2010/11 Capital Programme to support the capital costs necessary to implement the proposals.

 

127.

Eligibility for Financial Support Policies pdf icon PDF 78 KB

 

The report proposes the adoption of policies setting out the eligibility criteria for financial support for Adoption, Special Guardianship and Residence Orders.

 

Additional documents:

Decision:

1.         That the policies for Adoption Financial Support, Residence Order Support and Special Guardianship Financial Support, as set out in the submitted report, be approved.

 

2.         That delegated authority be given to the Director of Children’s Services, in consultation with the Portfolio Holder for Children, Families and Learning, to review and approve any variations to the Adoption, Residence Order and Special Guardianship financial support policies.

 

Minutes:

 

The Executive considered a report from Councillor Mrs Anita Lewis, Portfolio Holder for Children’s Services proposing the adoption of policies setting out the eligibility criteria for financial support for Adoption, Special Guardianship and Residence Orders. 

 

The Portfolio Holder stressed the importance of the policies that provide financial support to enable some groups of children to have legal security in the households where they live so that they have their needs met within a stable environment until they reach adulthood. 

 

Reason for decisions: To ensure that the Authority complies with regulations to offer an assessment for eligibility for financial support in order to support children in stable families who are able to their needs.

 

RESOLVED:

 

1.         That the policies for Adoption Financial Support, Residence Order Support and Special Guardianship Financial Support, as set out in the submitted report, be approved.

 

2.         That delegated authority be given to the Director of Children’s Services, in consultation with the Portfolio Holder for Children, Families and Learning, to review and approve any variations to the Adoption, Residence Order and Special Guardianship financial support policies.

 

128.

Annual Performance Report of Adult Social Care for 2008/09 pdf icon PDF 89 KB

 

Performance in adult social care services is subject to an annual assessment by the Care Quality Commission (CQC).  The CQC require that the outcome of the performance assessment is reported to the Executive. 

 

Additional documents:

Decision:

That the report detailing the outcome of the Annual Report for Adult Social Care 2008/09 be noted.

Minutes:

 

The Executive considered a report from Councillor Mrs Carole Hegley, Portfolio Holder for Social Care & Health on the outcome of the annual performance assessment for adult social care services in Central Bedfordshire for 2008/09. As the report had been embargoed from publication by the Care Quality Commission (CQC) until 3 December 2009 the report had been circulated with the Chairman’s briefing note. Central Bedfordshire Council had not been given a judgement about performance for 2008 - 2009 because of the transition to unitary status in April 2009 and the performance reported was that of the former Bedfordshire County Council.

 

The Director of Social Care, Health & Housing gave a detailed presentation on the CQC’s findings.

 

Members’ were reminded that the Council had previously been advised that performance in this area was well below the national average and the Executive had already established a Recovery and Improvement Programme to secure the delivery of adult social care services (minute E/09/39 of the meeting held on 18 August 2009 refers). It was noted that the 11 key areas for improvement were being overseen by the Recovery Programme Board chaired by the Chief Executive and reporting to the Members Reference Group to ensure delivery of the recovery agenda.  It was further noted that the recovery plan would continue to be closely monitored through the 6 weekly meetings with the CQC.

 

Members’ attention was drawn to the recognition that had been given to the Council’s swift response in producing a detailed plan for improvement along with focused leadership and corporate support.  Whilst noting that the report indicated confidence in the Council’s recovery and improvement plans, CQC were clear that there should not be unrealistic expectations about how quickly adult social care services will improve.  The Director explained that the recovery phase was expected to take 12 months with significant improvements to performance being realised over 2 to 3 years.

 

Reason for decision: There is a requirement from the government regulators of social care services, (Care Quality Commission) that the outcome of the annual assessment is reported to the Executive. The Health and Social Care Act 2003, sections 79 and 81 require CQC to report to the Minister of State for care services on underperforming councils.

 

RESOLVED:

 

That the report detailing the outcome of the Annual Report for Adult Social Care 2008/09 be noted.

 

129.

Budget Monitoring Report pdf icon PDF 99 KB

 

To consider the monthly Budget Monitoring Report and agree the latest position.

Additional documents:

Decision:

1.         That the report setting out the latest budget projections for the year and the continuing further work to bring expenditure into line with Budget 2009/10 be noted.

 

2.         That approval be given to the virements set out in paragraphs 22          and 23 of the submitted report.

 

3.         That the additional action plans savings, shown at Appendix A3 to the             submitted report, be approved.

 

4.                That approval be given to reverting back to quarterly        budget monitoring for the Executive.

 

Minutes:

 

The Executive considered a report from Councillor Maurice Jones, Portfolio Holder for Corporate Resources on the budget position as at 31 October 2009.

 

The report set out details of the budget projections for the year end and the continuing further work to bring expenditure into line with the 2009/10 Budget. It was noted that the continuing work to ensure spend was delivered to budget had reached the stage where budget reporting could revert back to quarterly monitoring.

 

Reason for decisions: To report to Members that robust budget monitoring has been undertaken since day one to ensure spend was delivered to budget and that resources have been allocated appropriately.

 

RESOLVED:

 

1.         That the report setting out the latest budget projections for the year and the continuing further work to bring expenditure into line with Budget 2009/10 be noted.

 

2.         That approval be given to the virements set out in paragraphs 22          and 23 of the submitted report.

 

3.         That the additional action plans savings, shown at Appendix A3 to       the submitted report, be approved.

 

4.                That approval be given to reverting back to quarterly budget monitoring for the Executive.

 

130.

Draft Budget 2010/11 to 2014/15 pdf icon PDF 160 KB

 

To consider the draft budget Medium Term Financial Plan for 2010/11 to 2014/15. 

 

[NOTE: The appendices to this report are marked to follow.]

 

Additional documents:

Decision:

That the draft budget proposals for 2010/11, as detailed in the submitted report, be approved as the basis for consultation with the Overview and Scrutiny Committees and other interested parties.

Minutes:

 

The Executive considered a report from Councillor Maurice Jones, Portfolio Holder for Corporate Resources seeking approval to the draft budget Medium Term Financial Plan (MTFP) for 2010/11 to 2014/15 as the basis for consultation with the Overview and Scrutiny Committees and other interested parties. 

 

The submitted report included an update on the current economic position and the specific impacts on local government funding. This position, along with the closure of the legacy authority accounts and budget monitoring information from Central Bedfordshire, would inform the actions required to take the Council forward, guided by the priorities of the Council. The report also set out the proposed processes and timetable for consideration of the draft budget and MTFP leading up to their approval by Council on 25th February 2010.

 

The Portfolio Holder paid tribute to the Director of Corporate Resources and his team for the amount of hard work that had gone into putting together the draft budget.

 

Reason for decisions: To enable extensive consultation on the Medium Term Financial Plan 2010/11 to 2014/15 before its presentation to Executive in February 2009 for onward approval to Council.

 

RESOLVED:

 

That the draft budget proposals for 2010/11, as detailed in the submitted report, be approved as the basis for consultation with the Overview and Scrutiny Committees and other interested parties.

 

131.

Authorisation for Birmingham City Council to undertake investigations in Central Bedfordshire pdf icon PDF 86 KB

 

The report seeks approval for Central Bedfordshire Council to authorise Birmingham City Council to investigate and institute proceedings against illegal money lenders operating within the Central Bedfordshire Council area as part of an investigation they are undertaking.  A number of other local authorities have agreed this request as a result of which investigations have ensued and subsequent action taken.

 

Additional documents:

Decision:

1.         That approval be given to delegation of the function of the enforcement of Part III of the Consumer Credit Act 1974 to be carried out in Central Bedfordshire Council by Birmingham City Council and that the power of prosecution be delegated to Birmingham City Council for any matters associated with or discovered during an investigation by the illegal money lending team.

 

2.         That the “Protocol for Illegal Lending Team Investigations”, as attached as Appendix 1 to the submitted report,  be approved and that the Assistant Director Community Safety & Public Protection be given delegated authority to enter into the agreement on behalf of the Council and approve minor alterations, if required.

 

Minutes:

 

The Executive considered a report from Councillor David McVicar, Portfolio Holder for Safer and Stronger Communities seeking approval for Central Bedfordshire Council to authorise Birmingham City Council to investigate and institute proceedings against illegal money lenders operating within the Central Bedfordshire Council area as part of an investigation they are undertaking.  It was noted that a number of other local authorities had delegated this function and as a result investigations had ensued and subsequent action had been  taken.

 

Reason for decisions: Where illegal lending is found to be taking place in Central Bedfordshire this can be investigated and the perpetrators brought to justice. The nature of the crimes mean that criminal activity is difficult to identify and the illegal lending is often associated with more serious crime.

   

RESOLVED:

 

1.         That approval be given to delegation of the function of the enforcement of Part III of the Consumer Credit Act 1974 to be carried out in Central Bedfordshire Council by Birmingham City Council and that the power of prosecution be delegated to Birmingham City Council for any matters associated with or discovered during an investigation by the illegal money lending team.

 

2.         That the “Protocol for Illegal Lending Team Investigations”, as attached as Appendix 1 to the submitted report,  be approved and that the Assistant Director Community Safety & Public Protection be given delegated authority to enter into the agreement on behalf of the Council and approve minor alterations, if required.

 

132.

Quarter 2 Performance Report pdf icon PDF 73 KB

 

The report highlights the key Quarter 1 performance for Central Bedfordshire Council.

 

Additional documents:

Decision:

That the Quarter 2  Performance Report, including observations from the Overview and Scrutiny Committees that had previously reviewed the information, be noted. That the Corporate Resources Overview and Scrutiny Committee will review the performance information on 10 December 2009, be also noted.

 

           

Minutes:

 

The Executive considered a report from Councillor Richard Stay, Portfolio Holder for Business Transformation highlighting the key Quarter 2 performance indicators for Central Bedfordshire Council.  The report set out areas of strong performance as well as areas for improvement.  It was noted that the Overview and Scrutiny Committees continued to monitor the indicators relating to their service areas.

 

Reason for decision: To ensure a rigorous approach to performance management across Central Bedfordshire Council

 

 

RESOLVED:

 

That the Quarter 2  Performance Report, including observations from the Overview and Scrutiny Committees that had previously reviewed the information, be noted. That it be noted that the Corporate Resources Overview and Scrutiny Committee will review performance information on 10 December 2009.

           

133.

Management Review pdf icon PDF 79 KB

The report proposes revised senior management arrangements, taking account of the need to reduce the Council’s costs and to deliver customer-focussed services.

 

Additional documents:

Decision:

That the proposals for moving to a four directorate model, as set out in the submitted report, be endorsed  and the Chief Executive be authorised to implement the necessary arrangements, including a review of Assistant Director and Head of Service level posts, with a view to reducing the costs to this Council over time by 20%.

Minutes:

 

The Executive considered a report from Councillor Tricia Turner, MBE, Leader of the Council proposing revised senior management arrangements, taking account of the need to reduce the Council’s costs and to deliver customer-focussed services.

 

The Leader of the Council explained that the current senior management arrangements that had been introduced by the Shadow Authority recognised the amount of set up and consolidation work that needed to be carried out in the early stages of the new Authority’s life.  Although the Council would remain in transition for some time to come, the next stage in Central Bedfordshire’s evolution needed to be planned, particularly taking account of the financial pressures facing local government both now and in the future. 

 

Reason for decision: To help the Council secure its financial future, focus on its objectives and respond to residents concern that we deliver value for money.

 

RESOLVED:

 

That the proposals for moving to a four directorate model, as set out in the submitted report, be endorsed  and the Chief Executive be authorised to implement the necessary arrangements, including a review of Assistant Director and Head of Service level posts, with a view to reducing the costs to this Council over time by 20%.

 

134.

Audit Minutes pdf icon PDF 93 KB

 

To receive the minutes of the Audit Committee held on 29 June, 27 July and 21 September 2009.

Additional documents:

Decision:

The Minutes of the meetings of the Audit Committee held on 29 June, 27 July,21 September and 30 October 2009 were received.

 

Minutes:

The Minutes of the meetings of the Audit Committee held on 29 June, 27 July, 21 September and 30 October 2009 were received.

 

135.

Forward Plan pdf icon PDF 171 KB

 

To receive the Forward Plan which covers the period from 01 January 2010 to 31 December 2010. (To follow)

 

Minutes:

 

The Forward Plan for the period 1 January 2010 to 31 December 2010 was received.

 

 

136.

Luton-Dunstable Busway pdf icon PDF 86 KB

 

The report seeks members’ approval to progress the DfT funding application and on a successful funding offer support Luton Borough Council in awarding a contract for the construction of the Luton Dunstable Busway.

 

 

Additional documents:

Decision:

1.         That the Executive confirms the Council’s support on the Luton Dunstable Busway to Luton Borough Council and the Department for Transport.

 

 

2.         That approval be given to proceed with award of contract for the Busway in accordance with the legal agreement between Central Bedfordshire Council and Luton Borough Council, as approved at the Shadow Executive on 17 March 2009, subject to the Department of Transport’s Full Approval/funding offer.

 

3.         That delegated authority be given to the Director of Sustainable Communities, in consultation with the Director of Corporate Resources, to deliver the scheme, subject to 6 monthly progress report to all Members.

 

4.         That future revenue budget allowances be made for maintenance of the busway currently estimated at £50k for financial year 2012/13 increasing annually to £250k PA by year 3.

 

Minutes:

 

The Executive received a report from Councillor Tom Nicols, Portfolio Holder for Sustainable Development seeking approval to progress the DfT funding application and, on a successful funding offer, support Luton Borough Council in awarding a contract for the construction of the Luton Dunstable Busway.

 

Prior to consideration of the report the Executive received statements from the following members of the public:-

 

1.                  Mr Harry Maughan, representing the Leighton Buzzard Society as Transport and Minerals Officer, presented a statement from the Society urging the Executive to consider railway possibilities as opposed to supporting the Luton Dunstable Busway together with a diagram and supporting information showing the scope for Bedfordshire rail.

 

2.                  Mrs Christine McPherson in urging the Executive not to support the Luton Dunstable Busway, presented a petition from local residents opposing the Luton Dunstable Busway.

 

Councillor Nicols, Portfolio Holder for Sustainable Development thanked the members of the public for attending the meeting and for their contributions to the debate. He acknowledged that the Busway had been highly controversial during its 17 years history to reach the stage the project was now at and had generated intense opposition as well as support.  He commented that when delivered, the Luton Dunstable Busway would make a significant contribution to sustainable transport within the south Central Bedfordshire growth area.

 

During the general discussion that followed, the Director of Sustainable Communities reminded Members that Luton Borough Council was the lead authority with powers to construct the Busway, as well as being the sole beneficiary of DfT funding. To ensure Central Bedfordshire had a say in how the scheme is delivered, the Council needed to be indicate its support to Luton Borough Council and to the Department for Transport.

 

Councillor Mrs Hegley speaking as a local ward Member referred to the fact that the Federation of Small Businesses considered the Busway to be a Luton based scheme.  She explained that there was no benefit to the Downside area and in view of a high degree of opposition for the Busway in Dunstable she could not support the scheme. 

 

Reason for decision: To enable the authority to input into the delivery of the Guided busway scheme.

 

RESOLVED:

 

1.         That the Executive confirms the Council’s support on the Luton Dunstable Busway to Luton Borough Council and the Department for Transport.

 

2.         That approval be given to proceed with award of contract for the Busway in accordance with the legal agreement between Central Bedfordshire Council and Luton Borough Council, as approved at the Shadow Executive on 17 March 2009, subject to the Department of Transport’s Full Approval/funding offer.

 

 

3.         That delegated authority be given to the Director of Sustainable Communities, in consultation with the Director of Corporate Resources, to deliver the scheme, subject to 6 monthly progress report to all Members.

 

4.         That future revenue budget allowances be made for maintenance of the busway currently estimated at £50k for financial year 2012/13 increasing annually to £250k PA by year 3.

 

137.

Exclusion of the Press and Public

To consider whether to pass a resolution under section 100A of the Local Government Act 1972 to exclude the Press and Public from the meeting for the following item of business on the grounds that the consideration of the item is likely to involve the disclosure of exempt information as defined in Paragraph 3 of Part I of Schedule 12A of the Act.

 

Minutes:

RESOLVED:

 

That under section 100A of the Local Government Act 1972 the Press and Public were excluded from the meeting for the following items of business on the grounds that consideration of the items were likely to involve the disclosure of exempt information as defined in Paragraph 3 of Part I of Schedule 12A of the Act.

 

 

 

 

138.

Re-roofing Contract 2010 - 2015 pdf icon PDF 82 KB

 

The report proposes to award the re-roofing contract 2010 – 2015.

 

 

Decision:

That the Portfolio Holder for Housing and Director of Social Care, Heath and Housing be authorised to award the Re-Roofing Contract 2010 – 2015, following their review of the evaluation criteria used to assess competitive tenders. 

Minutes:

 

The Executive considered a report from Councillor Mrs Rita Drinkwater, Portfolio Holder for Housing proposing the award of the re-roofing contract 2010 – 2015.  The contract related to the delivery of the re-roofing programme to ensure Council properties did not fall into non decency and are in a reasonable state of repair.  Following a discussion of the evaluation criteria used to assess competitive tenders the Executive:-

 

RESOLVED:

 

That the Portfolio Holder for Housing and Director of Social Care, Heath and Housing be authorised to award the Re-Roofing Contract for 2010 – 2015, following their review of the evaluation criteria used to assess competitive tenders. 

 

Reason for decision: To deliver the Re-Roofing programme, to meet the Decent Homes Standard and to protect the asset value of the Council’s housing stock.

 

139.

Medium Term Accommodation Programme Update pdf icon PDF 74 KB

 

The report proposes approval of a revised programme and re-naming to the Interim Accommodation Plan.

 

Decision:

That approval be given to the revised Interim Accommodation Plan, as set out in the submitted report.

Minutes:

 

The Executive considered a report from Councillor Maurice Jones, Portfolio Holder for Corporate Resources seeking approval to a revised accommodation programme and proposing the re-naming of the programme to the Interim Accommodation Plan.

 

The Portfolio Holder explained that problematic discussions with the landlord for Technology House had resulted in an anticipated three month delay to the original timescale.  Progress to date had been reviewed subsequently by the Programme Board which had concluded it was still in the best interests of the Council to continue with the work programme, modified as a result of the review, along with a revised timeframe because of the 3 month delay to the original programme.

 

In response to comments, it was noted that one of the principles of the Accommodation Plan was that staff must be in accommodation that is appropriate for their needs.  Members were also advised that access within Technology House would be Disability Discrimination Act (DDA) compliant.

 

Reason for decision: To deliver agreed objectives and benefits through improvements to property and ICT infrastructure across the Central Bedfordshire Council office locations.

 

RESOLVED:

 

That approval be given to the revised Interim Accommodation Plan, as set out in the submitted report.

 

140.

Bedfordshire Energy and Recycling Project (BEaR) Project - PFI Outline Business Case Approval pdf icon PDF 103 KB

 

This report seeks the endorsement by the Executive of the revised Outline Business Case (OBC) for PFI funding.

 

Additional documents:

Decision:

1.         That the Executive:-

 

(a)       Notes the detail of the revised Outline Business Case (OBC) for Private Financial Initiative (PFI) funding, as outlined in the submitted report, and authorises the Director of Sustainable Communities, in consultation with the Portfolio Holder for Sustainable Communities, to approve the final OBC for submission to DEFRA on the Councils behalf.

 

(b)       Approves the revised affordability envelope, procurement costs and application for PFI credits, as set out in the submitted report.

 

(c)        Authorises the BEaR Project Board to commence the procurement of a waste treatment solution on a technology neutral basis following PFI approval.

 

 

 

(d)       Re-affirms its commitment to achieve recycling/composting targets laid down in the Waste Strategy 2007 and where possible exceed these targets with the aim of achieving 60% recycling in the long-term future.

 

(e)       Authorises the Director of Sustainable Communities, in consultation with the Portfolio Holder for Safer and Stronger Communities, to approve the revised Joint Working Agreement between the Council and Luton Borough Council.

 

2.         That the Executive commits to:-

 

(a)       Central Bedfordshire’s division of the Reference Project cost over the period between 2016 and 2041, in the total sum set out in the exempt Appendix B to the submitted report.

 

(b)       Bridging the affordability gap to the sum indicated in exempt Appendix B to the submitted report based on the Reference Project assumptions and affordability envelope.

 

Minutes:

 

The Executive considered a report from Councillor David McVicar, Portfolio Holder for Safer & Stronger Communitiesseeking approval to a revised Outline Business Case (OBC) for PFI funding for the Bedfordshire Energy and Recycling (BEaR) Project. The report included details of the revised affordability envelope for the Project which took into consideration the latest market conditions and updated sensitivities. The report also sought to refresh the project following the withdrawal of Bedford Borough Council from the Partnership.

 

During consideration of the report the Director of Sustainable Communities advised Members that Luton Borough Council had withdrawn its support from the Project at its meeting the previous evening although the decision had been called in for review by the Overview and Scrutiny Committee on Thursday 10 December. The Executive was advised that DEFRA had been informed and an extension to the submission date for the OBC had been given. 

 

Reason for decision: Approval of the above recommendations will enable the Partnership (Central Bedfordshire and Luton Borough Council) to submit its application for PFI credit funding of £78.8m to DEFRA for approval and commence the procurement of the waste treatment contract.

 

RESOLVED:

 

1.         That the Executive:-

 

(a)       Notes the detail of the revised Outline Business Case (OBC) for Private Financial Initiative (PFI) funding, as outlined in the submitted report, and authorises the Director of Sustainable Communities, in consultation with the Portfolio Holder for Sustainable Communities, to approve the final OBC for submission to DEFRA on the Councils behalf.

 

(b)       Approves the revised affordability envelope, procurement costs and application for PFI credits, as set out in the submitted report.

 

(c)       Authorises the BEaR Project Board to commence the procurement of a waste treatment solution on a technology neutral basis following PFI approval.

 

 

(d)       Re-affirms its commitment to achieve recycling/composting targets laid down in the Waste Strategy 2007 and where possible exceed these targets with the aim of achieving 60% recycling in the long-term future.

 

(e)       Authorises the Director of Sustainable Communities, in consultation with the Portfolio Holder for Safer and Stronger Communities, to approve the revised Joint Working Agreement between the Council and Luton Borough Council.

 

2.         That the Executive commits to:-

 

(a)       Central Bedfordshire’s division of the Reference Project cost over the period between 2016 and 2041, in the total sum set out in the exempt Appendix B to the submitted report.

 

(b)       Bridging the affordability gap to the sum indicated in exempt Appendix B to the submitted report based on the Reference Project assumptions and affordability envelope.