Agenda and draft minutes

Apologies for absence were received from Zia Ahmed, Phillip Bastiman, Judy Brandis, Cameron Branston, Andrew Cole, Emily Culverhouse, Ray Farmer, Mark Flys,Paul Griffin, Barry Harding, Mimi Harker, Mark Harris, Allison Harrison, Murray Harrold, Darren Hayday, Alan Hill, Patrick Hogan, Arif Hussain, Mahboob Hussain, Maz Hussain, Carl Jackson, Sally-Anne Jarvis, Julia Langley, Tony Lee, Marlene Lewis, Wendy Mallen, Susan Morgan, Nick Naylor, Scott Raven, Brian Roberts, Mike Smith, Mike Stannard, Peter Strachan,  Jean Teesdale, Nigel Teesdale, Chris Whitehead, Fred Wilson, Roger Wilson and Lawrence Wood.

To agree the minutes of the meeting held on 3^rd June 2019.

The minutes of the meeting held on 3^rd June 2019 were agreed as a correct record.

The Chairman reminded members that whilst the five existing Councils in Buckinghamshire will be dissolved on 31^st March, they would continue as Councillors until the elections for Buckinghamshire Council are held in May 2020.  In the period form 1^st April to 11^th May, the Chairman and Vice-Chairman of the Shadow Authority, Mr Peter Strachan would be responsible for representing Buckinghamshire Council at various civic and ceremonial events and would report on these events at the first meeting of the new Council on 20^th May.

To receive any declarations of interest.

The Chairman advised that dispensations in order to speak and vote on Item 9, setting of Council tax, special expenses precepts and agreeing Council Tax support were not required, following clear guidance from the Department of Communities and Local Government which states “the payment of, or liability to pay, council tax does not create a disclosable pecuniary interest as defined in the national rules”. 

Furthermore, there was no need for members to declare an interest on Item 14, Scheme of Members’ Allowances, as payments made by a member’s authority are specifically excluded from the definition of a disclosable pecuniary interest.

Cllr B Chapple and Cllr S Chapple both declared that their son worked for the County Council.

To receive any public questions or statements on the business of the Shadow Authority.

No public questions had been received.

To receive a verbal report from the Leader and Deputy Leader of the Shadow Executive.

The Chairman invited Mr M Tett, Leader of the Shadow Executive and Ms K Wood, Deputy Leader of the Shadow Executive to deliver an update on the Implementation of Buckinghamshire Council.  Mr Tett and Ms Wood gave a presentation on progress that had been made since the first Shadow Authority meeting on 3 June 2019.   The following main points were noted:

• Over the past six to eight months, members and staff across all Councils had worked incredibly hard and collaborated brilliantly, working towards vesting day on 1^st April 2020. 
• Buckinghamshire Council will be a new council with a different culture and different values and strategies.  There will be a new headquarters (HQ) at The Gateway, Gatehouse Road, Aylesbury and a new brand identity.  However, a driving principle behind the preparations has been that residents should not see any change or deterioration in service on Day One.
• This meeting would consider the basics of the new authority – specifically the Budget and Capital Programme and the Constitution.
• All staff were thanked for their contributions to the Implementation Programme.
• It was highlighted that a new approach to local working would be introduced with the new council, through 16 Community Boards and Council Access Points across the Council area.  The Community Boards will give local people a voice and facilitate collaborative working to resolve local issues.  Funding will be devolved to Community Boards to enable them to affect key changes.
• A Town and Parish Charter was also being developed to ensure close working with Town and Parish Councils continued. Town and Parish Councils had also been asked to express an interest in aspects of council services that could be devolved to them.
• Buckinghamshire is a great place to live, raise a family, work and do business and Buckinghamshire Council will work hard to plan and manage growth carefully, delivering well-designed affordable homes whilst protecting the environment.  Growth would present challenges to the new Council, particularly financial pressures due to demand and infrastructure. 
• The new council presented lots of positive opportunities including opportunities for integrating key officer teams, such as Health, Housing and Leisure.  Key Worker housing and a co-ordinated response to Rough Sleeping would be developed with partners, as well as initiatives to tackle climate change, which was highlighted by Budget Scrutiny as a priority for residents.
• Mr Tett advised that he was looking to build loyalty from residents to Buckinghamshire Council and hoped that a ‘Bucks Card’ could be developed which would offer discounts across Buckinghamshire.  This had been delivered successfully elsewhere.

Finally, both Mr Tett and Ms Wood paid tribute to the work of the Shadow Executive members, who had been meeting regularly to drive implementation forward.

The Chairman invited members’ questions and the following main points were noted:

• The Communities teams across all Councils were liaising closely with Parish and Town Councils.
• Members welcomed the emphasis on Housing, as young people needed opportunities to access affordable housing.
• It was noted that the High Court had refused plans for a  ...  view the full minutes text for item 6.

To approve the Corporate Plan for Buckinghamshire Council.

This item was introduced by Mr M Tett, Leader of the Shadow Executive who had nothing to add to the Corporate Plan report and moved the recommendation to approve the Corporate Plan.  This was seconded by Mrs P Birchley.

The Chairman invited Members’ questions and comments and the following main points were noted:

• Concern was raised that the Corporate Plan did not go far enough in its ambitions in connection with Localism and Climate Change. Whilst the Carbon Audit and recent council motions on Climate Change were applauded and the plans for a Town and Parish Charter welcomed, there was a sense that commitments on these two areas could have been stronger.
• The Leader was asked for reassurance that the Corporate Plan would be a living document that would continue to evolve.  In response, Mr Tett stated that it would evolve – this was a starting point in which the Shadow Authority would provide some direction for the new unitary council, but the Shadow Executive had purposely chosen to tread carefully on big policy issues, as the newly elected members after May 7^th might have different views.
• Mr Tett added that he was very serious in his commitment to climate change and was proud of the record of the County Council and the Districts to date on this issue.  He also believed that Buckinghamshire would set a trend for others to follow in terms of Localism and Devolution, through the new Community Boards.
• A Member noted that young people in particular wanted real change in relation to climate change and residents would expect the new Council to acknowledge the Climate Change emergency and respond to this challenge decisively.
• The issue of regeneration of town centres was raised, alongside the need for more affordable housing in Buckinghamshire.  Whilst the ambition for affordable housing featured in the Corporate Plan, it was important that this was supported with adequate funding.

Mrs P Birchley concluded the discussion by commenting that the Corporate Plan provided a clear direction and drive and strong leadership would be necessary in the new Council, particularly with regard to managing the anticipated level of development . The Chairman thanked all contributors and reminded members of the recommendation.

RESOLVED:

That the Shadow Authority approved the Corporate Plan.

To receive and note the Chief Finance Officer’s Statutory Report.

The Chairman welcomed Mr R Ambrose, Shadow s151 Officer to the meeting.  Mr Ambrose presented his report, highlighting that the Medium Term Financial Plan had been subject to frequent and rigorous challenge and review during its development, including the public meetings of the Budget Scrutiny Inquiry group held in January 2020.  He concluded by advising members that the plan was robust in overall terms and that the level of reserves - £45million unallocated reserves – was deemed adequate.

RESOLVED:

That the Shadow Authority noted the report.

To approve the Medium Term Financial Plan and Council Tax for Buckinghamshire Council.

The Chairman invited Mr M Tett, Leader of the Shadow Executive to introduce this item and Mr Tett used a PowerPoint presentation (see slides attached).  The following main points were highlighted:

• The development of the budget proposals for Buckinghamshire Council had been a major piece of work.  Essentially the five existing Council’s budget plans had been consolidated into one, however in addition to this, there had been serious consideration of risks and emerging budget pressures.
• Climate change had been raised as a priority by residents and also by the Budget Scrutiny members and Mr Tett thanked Mr J Gladwin and the other members involved in the Budget Scrutiny, whose robust scrutiny and recommendations had improved the final budget.
• Changes to local government funding which had been anticipated, such as the Fair Funding Review, Business Rates Retention and a Green Paper on Social Care had all been delayed due to Brexit, which made it more difficult for local authorities to confidently plan their budgets.
• Where the Government had made one off funding available, the decision was taken not to include this in Buckinghamshire Council’s base budget but to use it for additional one off investments, for example in highways maintenance and drainage.
• Several areas had risks from existing budget pressures, including Planning, Adult Social Care and Children’s services and increased demand for support for children with Special Educational Needs and Disabilities.
• Whilst Members wanted to see savings delivered by the new council, – the business case had suggested £18.2m of savings could be achieved in five years. Mr Tett emphasised that the world had changed tremendously since 2016 and a number of key variables, such as 98 members budgeted for in the business case and actually having 147, not being a continuing authority which created an additional cost of £3m and the fact that new Waste contract had already been entered into , would impact the delivery of savings.  However Mr Tett was positive that savings would still be delivered but over a longer timescale.
• Mr Tett took Members through the main elements of the Capital Programme which totalled £501m over three years. There would be investment in highways maintenance and town centre regeneration.
• Mr Tett also explained how decisions had been reached around the equalisation of Council Tax for the new Council.  Whilst it was regrettable that there would be an increase for residents in Wycombe, the alternative would have meant losing an ongoing £5m from the Council’s base revenue budget. The increase in Wycombe was also relatively modest, working out at an additional 39p a week per household.
• Mr Tett concluded by thanking all Members who had been involved in the early development of the budget proposals, the Shadow Executive and the Budget Scrutiny group and also the officers who had been working very long hours to deliver the budget.

Mr Tett moved the recommendations to approve the revenue budget and capital programme and the Council Tax resolution.  This was seconded by Sir Beville Stanier Bt.

The Chairman invited  ...  view the full minutes text for item 9.

To approve the Treasury Management Strategy.

Ms K Wood, Deputy Leader and Shadow Portfolio Holder for Resources, introduced this item.  It was noted that it was a requirement for each local authority to approve a Treasury Management Strategy by 1^st April each year.  This strategy had been developed in line with the CIPFA code of practice.

Ms Wood moved the recommendation to approve the Treasury Management Strategy.  This was seconded by Mr J Chilver.

A Member commented that the option of using Municipal Bonds rather than borrowing from the Public Works Loan Board (PWLB) was not comprehensively discussed in the strategy.  In response, Mr R Ambrose explained that any decision to borrow from Municipal bonds would be a Cabinet decision therefore proper transparency rules would apply. To date Lancashire was the first authority to use Municipal Bonds.

The Chairman reminded Members of the recommendation wording.

RESOLVED

That the Shadow Authority approved the Treasury Management Strategy.

To approve the Capital and Investment Strategy and the Minimum Revenue Provision policy.

Ms Wood, Deputy Leader and Shadow Portfolio Holder for Resources introduced the Capital and Investment Strategy, explaining that it had been developed in line with the CIPFA code and MHCLG guidance.  Ms Wood moved the recommendation to approve the Capital and Investment Strategy.  This was seconded by Mr T Butcher. 

RESOLVED
That the Shadow Authority approved the Capital and Investment Strategy and the MRP Policy as set out in section 7 of the Strategy.

To agree the Constitution and Code of Conduct for Buckinghamshire Council.

Mr M Tett, Leader of the Shadow Executive, introduced the Constitution for Buckinghamshire Council.  He highlighted that a lot of work had gone into the development of the Constitution and it would need to be reviewed.  Mr Tett moved the recommendation that the Constitution should be approved and adopted.  This was seconded by Mr C Harriss.

The Chairman invited Members’ questions and comments and the following main points were noted:

• A Member noted that questions at Council meetings would be limited to one minute per councillor.  In response, Mr Tett confirmed this to be the case but added that the Chairman would have the discretion to extend this timing if necessary.
• Concern was raised about the voting procedures for Community Boards, whereby only Buckinghamshire Councillors would be eligible to vote – town and parish councillors would not.  Mr Tett indicated that this was the system that was used in Wiltshire and there had not been any issues.
• It was important that new Members after the May elections should feedback to the Monitoring Officer if they had any concerns about the practical operation of the rules and procedures set out in the Constitution.
• A Member questioned the arrangements for public speaking at Planning Committees as he felt they seemed to limit discussion, with three minutes for a local Member to present and three minutes for any town or parish councils affected, which would have to be split if a development crossed a parish boundary.  Mr Tett commented that there were significant differences of opinions around Planning and therefore the compromise again here was that the Chairman would have discretion to adjust the speaking time if needed.

The Chairman thanked all Members for their contributions and reminded them of the recommendation wording.

RESOLVED
1. That the Shadow Authority approved and adopted the draft Constitution as the Constitution of Buckinghamshire Council.

2. That delegated authority is given to the Monitoring Officer, in consultation with the Leader, to make any minor changes, including clarifications, and necessary textual revisions to the draft Constitution to ensure that the separate sections of the Constitution are consistent, work together as a whole and reflect any changes to legislation.

3. That the operation of the Constitution is reviewed in April 2021.

To agree the appointment of Independent Persons for Buckinghamshire Council.

Mr S Bowles, Member of the Shadow Executive, introduced a report on the appointment of independent persons and moved the recommendation that Stephanie Boyce, Trevor Dobson and Sarah Austin should be appointed as Independent Persons for Buckinghamshire Council.  This was seconded by Mr A Collingwood. 

The Chairman noted that whilst a majority of those members present had voted in favour, the appointment of Independent Persons required the approval of a majority of the Shadow Authority. As this had not been achieved it was agreed that the item would be referred to the first meeting of Buckinghamshire Council in May 2020.

RESOLVED

That the Appointment of Independent Persons would be referred to the first meeting of Buckinghamshire Council in May 2020.

To adopt the Scheme of Member Allowances.

Mr M Tett, Leader of the Shadow Executive, introduced the report on the Scheme of Member Allowances and moved the recommendation that the Scheme of Members’ Allowances as at Appendix 2 of the report be adopted for Buckinghamshire Council. This was seconded by Mr C Poll.

The Chairman invited Members’ questions and comments and the following main points were noted:

• Being a councillor was a full time job and residents could contact you 365 days of the year, therefore a basic allowance was necessary.
• The number of Special Responsibility Allowances (SRAs) for Committee Chairmen was questioned.  In response, Mr Tett commented that it was difficult to balance recognition for  the varied workloads of Members with what council tax payers could afford, especially in light of the increased number of councillors.

The Chairman thanked Members for their comments and reminded them of the recommendation wording.

RESOLVED

That having regard to the recommendations of the Independent Remuneration Panel (IRP), the Shadow Authority adopted the Scheme of Members’ Allowances, as at Appendix 2, for Buckinghamshire Council.

To approve the Pay Policy Statement.

Ms K Wood, Deputy Leader and Shadow Portfolio Holder for Resources introduced the Pay Policy Statement and moved the recommendation to approve the Pay Policy Statement.  This was seconded by Mrs I Darby.

RESOLVED

That the Shadow Authority approved the Pay Policy Statement.

To agree the Calendar of Meetings for Buckinghamshire Council for May 2020-April 2021.

Mr M Tett, Leader of the Shadow Executive, introduced the proposed Calendar of Meetings and moved the recommendation to agree it.  This was seconded by Mr R Bagge.

A Member raised concerns that the names of the local Planning Committees on the Calendar were not consistent with the constitution and it was confirmed that this would be rectified.  In addition, it was noted that there had been some issues with the proposed dates of the local Planning Committees in the Aylesbury Vale area.  Ms S Ashmead confirmed that Democratic Services were liaising with Planning colleagues to revise the dates and an updated version of the Calendar of Meetings would be published on the website in a week’s time.

A Member expressed the view that meetings should be held predominantly in the evening to accommodate working people.  In response, Mr Tett advised that over 60% of council meetings would be held in the evening – this would include Planning meetings and Community Boards. Full Council meetings would start at 4pm, as it was recognised that with 147 members, these meetings could take some time.

The Chairman thanked Members for their comments and reminded them of the recommendation wording.

RESOLVED

That the Shadow Authority agreed the Calendar of Meetings for Buckinghamshire Council from May 2020.

To consider any items of business of which notice has been given to the Proper Officer prior to the meeting of the Shadow Authority and the Chairman considers to be urgent pursuant to the LGA 1972.

There were none.