To approve as a correct record, the Minutes of the meeting of the Executive held on 13 July 2010.

RESOLVED

the minutes of the meeting held on 13 July 2010  were confirmed as a correct record and signed by the Chairman.

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

Variation in the Order of Business

The Chairman advised the Executive that she was going to vary the order of  business and take Agenda Item 12, Speed Limit through Husborne Crawley  after Agenda Item 6, Public Participation.

To receive the following petition in accordance with the Scheme of Public Participation set out in Annex 2 of Part 4 of the Constitution:

1.                  Request for action to be taken to reduce the 60mph speed limit on the C140 at Higham Gobion – On behalf of Shillington Parish Council a petition will be presented  from residents in the area requesting that the speed limit on the C140 at Higham Gobion be reduced.

In accordance with the Scheme of Public Participation set out in Annex 2 of Part 4 of the Constitution, the Executive received the following petitions:-

Petition requesting that action be taken to reduce the 60mph speed limit on the C140 at Higham Gobion

Mrs Sally Stapleton, Chairman of Shillington Parish Council, presented a petition to the Executive containing approximately 128 signatures in support of a speed limit on the C140 at Higham Gobion.  The petition also included suppliers and customers to the local businesses and people’s homes.  Mrs Stapleton in presenting the petition referred to the increase in traffic volume and speed on the C-140 running through the hamlet and a number of traffic accidents on the road. She explained that a speed limit would also enable a bus stop to be included with the hamlet. The Parish Council appreciated the financial constraints on the Council and were willing to work with partners to achieve both a speed limit  and bus stop for the benefit of residents and the continued expansion of local businesses.

The Chairman then allowed a local resident from Higham Gobion, Mr Ian Daye to speak in accordance with the Scheme of Public Participation set out in Appendix A of Part A4 of the Constitution:

Support for a speed limit on Higham Road in Higham Gobion

Mr Daye explained that cars regularly travel at 60mph and above past his property on  Higham Road causing the property to shake. He referred to a car going into the back of his vehicle resulting in a whiplash injury and damage to his car and his wife being hit by a car as she walked along the road with no pavement.  He also referred to an accident when a speeding car took down the power lines by ploughing through a neighbour’s hedge and causing houses to be without power.  Mr Daye explained that with no footpath, residents attending church services towards the top of the hill put themselves in danger by walking along a busy road.  The road was also dangerous for cyclists and horse riders.

The Chairman thanked Mrs Stapleton for presenting the petition to the Executive and Mr Daye for his comments in support of the petition.  The

petition would be given detailed consideration by the Safer Communities and Healthier Lifestyles Portfolio Holder, who would arrange a further opportunity to discuss the issue with both the lead petitioner and the relevant ward Members.

Petition seeking the provision of a Skateboarding Park in Dunstable Town Centre

Councillor Nigel Young, on behalf of young people in Dunstable and surrounding areas, presented a petition to the Executive containing 682 names  seeking the provision of a skateboarding park in Dunstable Town Centre.  Councillor Young explained that the young people were seeking the  release  of some land to enable a skateboarding park to be set up and had  identified three possible locations in Dunstable.  The young people hoped to work in partnership with the Council or a community association.  The Executive was advised that  ...  view the full minutes text for item 49.

To respond to general questions and statements from members of the public in accordance with the scheme of public participation set out in Appendix A to Part A4 of the Constitution.

The Chairman advised the Executive that there were three requests to speak   in accordance with the Scheme of Public Participation set out in Appendix A of Part A4 of the Constitution on Agenda Item 12, Speed Limit through Husborne Crawley which she would take at the start of the agenda item.

Under Executive Procedure Rule 9.4 of Part C4 of the Constitution to consider a request from Councillor Fiona Chapman MBE that the Executive reconsider the speed limit through the village of Husborne Crawley.

1.                  That the current speed limit in Husborne Crawley be reduced from 40mph to 30mph with the exception of the area around the school in which the speed limit should be reduced from 40mph to 20mph.

2.        That a wider review of speed limits across Central Bedfordshire           Council be carried out to consider how best to support and work with those communities concerned about speed achieve their objectives.

Under the provisions of Executive procedure Rule 9.4 the Executive considered the following request from Councillor Fiona Chapman, MBE:

‘In response to considerable public demand and to comply with the Government’s policy of localism, the Executive be urged to reconsider the decision of the Traffic Management meeting on 6 July 2010 on the request by Husborne Crawley Parish Council to alter the speed limit through the village to 30mph and outside the school to 20 mph and allow gateways at the entrance to the village.’

The Chairman explained that in the light of new information she had agreed that the request should be re-considered by the Executive.

Councillor Chapman MBE then updated the Executive on the additional information.  She explained that the Chairman of the Parish Council had received a letter from the Chief Constable stating that the Police would support a speed limit through the village of 30mph and outside the school, of 20 mph, as long as suitable traffic management measures were put in place such as zig-zag lines, gateways into the village or slow down signs.

Prior to consideration of the request and in accordance with the Scheme of Public Participation set out in paragraph 2 of Annex 1 of Part A4 of the Council’s Constitution, the Executive received representations and statements from the following members of the public:-

1.         Mrs Jess Minikin – Statement in support of a speed reduction

Mrs Minikin stated that residents were asking for parity with other villages that benefit from 20 and 30mph speed limits.  Mrs Minikin commented that she had recently moved to the village and had received a warm welcome from local people who were proud of their village and its community.  She explained, however, that the village was suffering from the ferocity of speeding traffic and residents were concerned that they were living in an increasingly dangerous environment.  The community believed that the village met the criteria of the 2004 DoT guidance for a 30mph speed limit.  The community recognised the financial constraints that the Council was encountering and were willing to work with the Authority to address the request for a reduction in the speed limit.

2.         Mrs Pat Peachey – Statement in support of a speed reduction

            Mrs Peachey stated that she lived on Turnpike Road and was a Local Authority Governor at Husborne Crawley Lower School.  She explained that the school was based in a Grade 2 listed building with a small car park.  She referred to the danger that the children and parents experienced when crossing over School Lane which had a 40mph speed limit .  Mrs Peachey concluded by stating that there was a very clear need for a 30mph speed limit in the village and a 20mph limit outside the school.

3.         Dr Christine Chalk – Statement in support of a speed reduction

            Dr Chalk explained that she had lived at Turnpike Close for 17 years and during this time her garden wall had been hit at least 8 times by  ...  view the full minutes text for item 51.

The report provides information on the forecast budget position as at 31 March 2011.

1.         That the forecast outturn position at the end of the First Quarter for 2010 indicating a potential overspend at the year end of £5.809M, as detailed in the submitted report, be noted and that Directors, in consultation with their Portfolio Holders, take such action as is necessary to bring their budgets into balance.

2.                  That Directors, in consultation with their Portfolio Holders, continue to deliver the approved efficiencies and bring forward plans to correct the identified overspends;

i).       in Children’s Services by restructuring the heads of services posts and teams managed within Learning and Strategic Commissioning, which is estimated will achieve new efficiencies of £915k;

ii)         in Customer and Shared Services by introducing a            recovery plan in September 2010;

iii)        in Sustainable Communities by bringing the overspend in             waste services back into budget by September 2010; and

iv)      in Social Care, Health and Housing by reviewing the usage of learning disability and other significant contracts and placements commencing in September 2010 which is estimated will achieve new efficiencies of £800k;

            and that the Portfolio Holder for Finance, Governance and People be authorised to approve these efficiency proposals once they have been finalised in consultation with the relevant Directors, Portfolio Holders and the Chief Finance Officer.

3.         That the £0.366M of compensatory efficiencies, as detailed in Appendix B1 of the submitted report, be approved.

4.                  That the £0.700M pressure arising from costs set out in Appendix E of the submitted report and the need to bring forward further efficiency savings to compensate for these costs, be noted.

5.                  That the reduced contribution of £0.167M to the Redundancy Reserve, as set out in paragraph 36 of the submitted report, be noted.

The Executive considered a report from Councillor Maurice Jones, Portfolio Holder for Finance Governance and People on the forecast financial position of the Council for 2010/11, based on information as at 30 June 2010.

The report set out details of financial pressures that the Council faced which gave rise to a forecast overspend of £5.809M. It was noted that the majority of this reflected demographic pressures in Adult Social Care, increased safeguarding referrals in Children’s Services and inflationary pressures on Sustainable Community contracts. in addition,  the Council was having to address the in-year spending reductions announced by Government in June 2010 with the potential for further cuts as a result of the Government’s Comprehensive Spending Review to be announced in October 2010.

Each Portfolio Holder then commented on actions they were taking to address the potential projected overspend at year end.

Councillor Jones in moving his paper emphasised that the report was work in progress and in view of the further measures that had been put in place to address the pressures since the report had been published, tabled revised recommendations which replaced the recommendations contained in the submitted report.

Reason for decision:  To facilitate effective financial management and planning.

RESOLVED:

1.         that the forecast outturn position at the end of the First Quarter for 2010 indicating a potential overspend at the year end of £5.809M, as detailed in the submitted report, be noted and that Directors, in consultation with their Portfolio Holders, take such action as is necessary to bring their budgets into balance.

2.                  that Directors, in consultation with their Portfolio Holders, continue to deliver the approved efficiencies and bring forward plans to correct the identified overspends;

i).    in Children’s Services by restructuring the heads of services posts and teams managed within Learning and Strategic Commissioning, which is estimated will achieve new efficiencies of £915k;

ii)         in Customer and Shared Services by introducing a   recovery plan in September 2010;

iii)        in Sustainable Communities by bringing the overspend         in waste services back into budget by September 2010; and

iv)    in Social Care, Health and Housing by reviewing the usage of learning disability and other significant contracts and placements commencing in September 2010 which is estimated will achieve new efficiencies of £800k;

            and that the Portfolio Holder for Finance, Governance and People be authorised to approve these efficiency proposals once they have been finalised in consultation with the relevant Directors, Portfolio Holders and the Chief Finance Officer.

3.         that the £0.366M of compensatory efficiencies, as detailed in       Appendix B1 of the submitted report, be approved.

4.                  That the £0.700M pressure arising from costs set out in Appendix E of the submitted report and the need to bring forward further efficiency savings to compensate for these costs, be noted.

5.                  That the reduced contribution of £0.167M to the Redundancy Reserve, as set out in paragraph 36 of the submitted report, be noted.

The report proposes the medium term financial planning framework from 2011/12 through to 2015/16.

1.         That the overall financial outlook and the impact on Central        Bedfordshire Council, as set out in the submitted report, be noted.

2.         That the update to the Medium Term Financial Plan, as detailed in the             submitted report be noted.

3.         That the emerging outcomes for Central Bedfordshire Council under the adopted priorities, as set out in the submitted report, be noted as the basis for further work.

The Executive considered a report from Councillor Maurice Jones, Portfolio Holder for People, Finance and Governance proposing a medium term financial planning framework from 2011/12 to 2015/16.

The Portfolio Holder explained that the report provided an initial update on the current economic climate and the impact on Local Government finance. However, the focus of the report was a revision of the assumptions in the existing Medium Term Financial Plan and the proposed strategy to address the financial challenges faced by Central Bedfordshire.  Members were advised that the impact on the Council of  the Government’s  Spending Review announcement scheduled for 20 October would be reported to  a future meeting of the Executive.

Councillor Jones clarified that the Executive was being asked to note the emerging outcomes for the Council under the adopted priorities as the basis for further work as opposed to endorsing the outcomes.

Reason for decision:  To put in place a framework to meet the financial challenges faced by Central Bedfordshire over the mediumterm.

RESOLVED:

1.         that the overall financial outlook and the impact on Central          Bedfordshire Council, as set out in the submitted report, be noted.

2.         that the update to the Medium Term Financial Plan, as detailed in the submitted report, be noted.

3.         that the emerging outcomes for Central Bedfordshire Council under the adopted priorities, as set out in the submitted report, be noted as the basis for further work.

To approve cross sector Adult Social Care Workforce Strategy and Action Plan 2010 – 2011.

That the ‘Supporting Excellence: An Adult Social Care Workforce Strategy for Central Bedfordshire’ and the Action Plan 2010/11, attached as Appendix A to the submitted report, be approved.

The Executive considered a report from Councillor Carole Hegley Portfolio Holder for Social Care and Health proposing a cross sector Adult  Social Care Workforce Strategy and action plan for 2010/11.

The Portfolio Holder explained that there was a statutory requirement to have a cross sector adult social care workforce strategy.  The strategy was essentially a framework document that ensured compliance with statutory requirements  and had been developed in line with the Putting People First transformation programme known as Transforming People’s Lives’ in Central Bedfordshire.  It was noted that  over the next 18 months the strategy would be further developed with partners alongside a proposed action plan.

As part of the deliberations, the Executive noted the comments from the Overview and Scrutiny meeting on 8 April 2010 which had endorsed the strategy. 

Reason for decision: The strategy and action plan have been developed with partners and endorsed by the Adult Social Care Strategic Workforce Board. The designated Director of Adult Social Services has a statutory duty to ensure there is a local cross sector workforce strategy.

RESOLVED

that the ‘Supporting Excellence: An Adult Social Care Workforce Strategy for Central Bedfordshire’ and the Action Plan 2010/11, attached as Appendix A to the submitted report, be approved.

The report seeks the inclusion of additional elements into the scope of the BEaR Project procurement exercise.

1.         That approval be given to the inclusion of the following elements within the scope of the contract for the Central Bedfordshire Energy and Recycling (BEaR) Project;

·         The redevelopment of three and relocation and development of one Household Waste Recycling Centre (HWRC) and delivery of the service for the contract period;

·         The provision of Waste Transfer Services as required as part of an integrated solution;

·         The provision of organic waste treatment services; and

·         The provision of salt storage facilities.

2.         That a Highways depot be not included within the scope of the contract.

3.         That the updated affordability position for the Project over the period 2016 to 2041, as outlined in exempt Appendix B circulated with the Chairman’s Briefing Note, incorporating the approved elements and the previously approved residual waste treatment element, be endorsed.

4.         That the Director of Sustainable Communities, in consultation with the Portfolio Holder for Safer Communities and Healthier Lifestyles and the Chief Finance Officer, be given delegated authority to make the necessary amendments to the procurement evaluation criteria, previously approved by Executive, following the outcome of recommendations 1 – 3 above.

The Executive considered a report from Councillor David McVicar, Portfolio Holder for Safer Communities and Healthier Lifestyles proposing the inclusion of additional elements into the scope of the BEaR Project procurement exercise, together with a revised Appendix B containing confidential information and a revised recommendation number 4 that replaced the corresponding recommendation in the submitted report that had been circulated with the Chairman’s Briefing Note.

The report included detail of the additional elements proposed to be included in the procurement exercise previously approved by the Executive on 6 April 2010 (minute E/09/215 refers) and the reasons for doing so, the key benefits and risks of including them and a financial appraisal of each element.

The Executive was advised that an integrated contracting approach would enable several services to be delivered via a single procurement exercise and produce efficiency savings for the Council. Significant savings could also be achieved through the co-location of new infrastructure and the economy-of-scale of the contract itself. It was emphasised that the procurement process would allow for innovative solutions to come forward.  It was noted that ultimately the contract would be awarded to the Most Economically Advantageous Tender.

The Executive discussed the option of including the Highway’s depot in the scope of the contract.  It was noted that the financial savings that could be achieved through the inclusion of additional elements within the scope of the contract did not include the provision of a highways depot.  As there was a potential that including a highways depot could dilute submissions coming forward and as the Highways Services  contract was not  due for renewal until 2016, the Executive agreed that such a depot should not be included in the scope of the contract.

Reason for decision:To enable the current procurement process to be expanded to include residual treatment services, so as to provide an integrated disposal solution at a lower cost than securing elements separately. Endorsement of a modelled affordability position would provide confidence to the market that the authority was committed to delivering the Project and would ensure best competition.

RESOLVED

1.         that approval be given to the inclusion of the following elements within the scope of the contract for the Central Bedfordshire Energy and Recycling (BEaR) Project;

·         The redevelopment of three and relocation and development of one Household Waste Recycling Centre (HWRC) and delivery of the service for the contract period;

·         The provision of Waste Transfer Services as required as part of an integrated solution;

·         The provision of organic waste treatment services; and

·         The provision of salt storage facilities.

2.         that a Highways depot be not included within the scope of the contract.

3.         that the updated affordability position for the Project over the period 2016 to 2041, as outlined in exempt Appendix B circulated with the Chairman’s Briefing Note, incorporating the approved elements and the previously approved residual waste treatment element, be endorsed.

4.         that the Director of Sustainable Communities, in consultation with the Portfolio Holder for Safer Communities and Healthier Lifestyles and  ...  view the full minutes text for item 55.

To consider a proposal to form a Local Enterprise Partnership based on the geography of the South East Midlands Functional Economic Area.

1.         That the option of forming a South East  Midlands Local Enterprise Partnership, be actively pursued, the exact membership to be determined.

2.                That the Chief Executive, in consultation with the Leader of the Council, be authorised to approve the final joint submission for a Local Enterprise Partnership to the Government in order to meet the 6 September 2010 deadline.

The Executive considered a report from Councillor Ken Mathews, Portfolio Holder for Economic Growth, Skills and Regeneration proposing that a Local Enterprise Council (LEP) be formed on the basis of the South East Midlands Functional Economic Area.

The Portfolio Holder advised the Executive that with the ending of Regional Development Agencies, the Government intended that LEPs would provide strategic leadership for economic development.

The submitted report set out a range of considerations for the role, functions and geography of an LEP and how these might relate to the Council’s functions going forward.  Current Government guidance was that  more than one LEP covering a singe area would not be supported, though joint working between LEPs would be welcomed.  Business engagement with LEPs was a key requirement by Government which would mean equal representation of business and public sectors bodies on the boards of LEPs. 

The Executive supported the option of forming a South East Midlands Local Enterprise Partnership, detailed in Appendix 5 to the submitted report, whilst noting the exact membership had still to be determined with neighbouring authorities and business partners.  It was noted that as proposals needed to be submitted to Government by 6 September, the Chief executive and the Leader of the Council would need to be given delegated authority to sign-off the joint submission.

Reason for decision: So that Central Bedfordshire is represented in the new proposed Local Enterprise Partnership structures proposed by the Coalition Government.

RESOLVED

1.         that the option of forming a South East  Midlands Local Enterprise Partnership, be actively pursued, the exact membership to be determined.

2.                that the Chief Executive, in consultation with the Leader of the Council, be authorised to approve the final joint submission for a Local Enterprise Partnership to the Government in order to meet the 6 September 2010 deadline.

NOTE:  This decision was exempt from call-indue to the requirement to submit an agreed LEP proposal to Government by the 6 September 2010 deadline.

To consider the recommendations of the Sustainable Communities Overview and Scrutiny Committee from its meeting on 22 June 2010.

That the views and recommendations from the Sustainable Communities Overview and Scrutiny Committee from its meeting on 22 June 2010 in relation to the current civil parking enforcement structure and options for the future civil parking enforcement be noted and considered as part of the Transport Strategy review which the Overview and Scrutiny Committee will be involved with.

The Executive noted the recommendations from the Sustainable Communities Overview and Scrutiny Committee from its meeting on 22 June 2010 regarding the current civil parking enforcement structure and options for the future civil parking enforcement.

In noting the recommendations, the Executive agreed that they should  be considered as part of the Transport Strategy review which the Overview and Scrutiny Committee would be involved with.

Reason for decision:  To respond to the recommendations of the Overview and Scrutiny Committee.

RESOLVED

that the views and recommendations from the Sustainable Communities Overview and Scrutiny Committee from its meeting on 22 June 2010 in relation to the current civil parking enforcement structure and options for the future civil parking enforcement be noted and considered as part of the Transport Strategy review which the Overview and Scrutiny Committee will be involved with.

To receive the Forward Plan of Key Decisions for the period 1 August 2010 to 31 July 2011.

The Forward Plan for the period 1 August 2010 to 31 July 2011 was received.

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 items of business on the grounds that consideration of the items is likely to involve the disclosure of exempt information as defined in Paragraph 3 of Part I of Schedule 12A of the Act.

RESOLVED

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

To consider the position and way forward in relation to the project.  (Report to follow)

1.         That progress NIRAH has made in securing seed capital from private investors to enable the project to proceed, as detailed in the confidential report, be noted.

2.         That the request received from NIRAH for the repayment of the debt owed to the Bedfordshire Consortium, Central Bedfordshire Council and Bedford Borough Council to be restructured, be noted.

3.         That the Director of Sustainable Communities be authorised to enter into negotiations with NIRAH regarding the repayment of the Council loan.

4.         That delegated authority be given to the Director of Sustainable Communities, in consultation with the Chief Finance Officer and the Portfolio Holders for Economic Growth, Skills and Regeneration, Policy and Performance and Finance, Governance and People, to approve the repayment terms having regard to the parameters set out in paragraph 16 of the confidential report.

The Executive considered a report from Councillor Ken Matthews, Portfolio Member Economic Growth, Skills and Regeneration updating Members on the key issues relating to the NIRAH project and the Bedfordshire Consortium.

The Portfolio Holder advised Members that NIRAH was making progress in securing capital from private investors for the next stage of the project.  For NIRAH to secure the investment, a restructuring of the debt and equity relating to the company, NIRAH Holdings Ltd would be required. 

The Executive recognised that if NIRAH was able to move forward to the next stage, the prospects of securing a transformational freshwater project that would drive inward investment into the area would be greatly enhanced.

Members noted that legal advice that had been provided to the Bedfordshire Consortium and Central Bedfordshire Council by Mills & Reeve Solicitors. It was noted that State Aid issues remained relevant to any decision made which must follow the Market Economy Investor Principle that required the Consortium and Council to act in the same way as any other private investor in setting out terms of conditions during commercial negotiations.  For this reason the confidential report contained details of the parameters that would be put in place should the Executive be minded to enter into negotiations with NIRAH regarding the repayment of the Council loan.

The Executive concurred with the view that every effort should be made to secure the project’s delivery but that the Council’s interests should be protected so far as was possible if this did not prove possible

Reason for decision:  To enable the NIRAH Holdings Ltd. to secure the next stage of seed capital to deliver the NIRAH project in Bedfordshire.

RESOLVED:

1.         That progress NIRAH has made in securing seed capital from private investors to enable the project to proceed, as detailed in the confidential report, be noted.

2.         That the request received from NIRAH for the repayment of the debt owed to the Bedfordshire Consortium, Central Bedfordshire Council and Bedford Borough Council to be restructured, be noted.

3.         That the Director of Sustainable Communities be authorised to enter into negotiations with NIRAH regarding the repayment of the Council loan.

4.         That delegated authority be given to the Director of Sustainable Communities, in consultation with the Chief Finance Officer and the Portfolio Holders for Economic Growth, Skills and Regeneration, Policy and Performance and Finance, Governance and People, to approve the repayment terms having regard to the parameters set out in paragraph 16 of the confidential report.

NOTE:  This decision was exempt from call-inas any delay caused by the call-in process could prevent NIRAH Holdings Ltd. securing the next stage of seed capital to deliver the NIRAH project in Bedfordshire.