Agenda, decisions and minutes

To approve as a correct record the Minutes of the meeting held on 9 July 2019.

Note: Minutes are to follow.   

RESOLVED –

That the Minutes for the meeting held on 9 July 2019 be approved as a correct record.

A number of questions had been submitted by Councillor Stuchbury ahead of the meeting. The Chairman permitted for two questions to be asked at the meeting:-

a)    Conformity within waste and recycling  

Councillor Naylor advised that the Shadow Executive were actively considering the matter in partnership with the procuring District councils. Generally the services for residents were aligned across Buckinghamshire with a few minor exceptions and there was an ambition to ensure a consistency in all services delivered by the new council.

b)    The use of IT in the Planning Service of the new council

Councillor Chilver confirmed that there were a number of workstreams preparing for the new council to ensure conformity and ease of access to services including Planning. The ICT workstream was working on a number of projects which included implementing a new website, amending/rebranding applications and delivering changes to telephone systems and email domains. The ICT workstream was also working collaboratively with other workstreams such as Customer & Digital, Finance, and HR & Communications. This was so that a single solution would be available across Buckinghamshire for residents.

An undertaking was given by the Leader for the other two questions and their answers to be published in the minutes. These are as follows:-

c)    Equality of opportunity to public services  

The creation of the new single council for Buckinghamshire provides a unique opportunity to strengthen local democracy, as well as improve services and outcomes for the people of Buckinghamshire. A core part of the business case for setting up a single council was establishing Community Boards to ensure that the council has strong local connections with communities. A key part of the role of Community Boards will be in looking at the needs of the population in each locality and working with officers and partners to ensure that services are designed to meet the needs of all our communities – including rural ones who face particular challenges in relation to accessibility – as well as areas of high population density. A consultation on the detail of Community Boards will be launched in the late summer. Proposals on Local Access Points are under development to ensure that residents are able to continue to access services locally to them to meet their needs. There are currently a wide range of services delivered across our rural communities and the new unitary council is committed to ensuring that service continues to be provided on the basis of need.

d)    IT legacy from the five local authorities

At this stage, it is our understanding that current services such as planning will continue to be provided area by area. Members of the public will be able to access current arrangements, via existing and re-branded websites/portals.  In addition, there will be a new website and telephone numbers to help guide members of the public to the appropriate services. Once we develop and agree our ICT transformation strategy, plans will be executed to provide a consistent and unified approach to services across the county.

Members considered the Forward Plan that had been submitted as part of the agenda.

RESOLVED –

That the Forward Plan be noted.

(a)       Decision

That Rachael Shimmin be offered the role of Chief Executive of the Buckinghamshire Council with a salary of £210,000 on a personal contract.

(b)          Reason for Decision

This candidate was the recommendation of the Senior Appointments Sub-Committee following a robust recruitment exercise.

(c)          Alternative Options Considered

None.

(d)          Conflicts of Interest / Dispensations

None.

The Shadow Executive received a report which outlined the formal process for the appointment of the new Chief Executive for the Buckinghamshire Council. The Senior Appointments Sub Committee had met on 19 July to consider the candidates and submitted an appointment recommendation for the Shadow Executive to consider. The Shadow Executive could choose whether to accept the appointment recommendation or refuse it, not appoint at this time and re-advertise the position.

For the consideration of the private appendix, the Shadow Executive resolved that under Section 100(A)(4) of the Local Government Act 1972 the public be excluded from the meeting for this  item of business on the grounds that it involves the likely disclosure of exempt information as defined in Part I of Schedule 12A of the Act.

Paragraph 1    Information relating to any individual

After this consideration, the public were invited back into the chamber. All Members involved in the recruitment process were thanked for their work in the rigorous recruitment exercise. This had culminated in a unanimous recommendation from the Sub Committee that Rachael Shimmin be appointed to the role of Chief Executive and Head of Paid Service of the Buckinghamshire Council.

RESOLVED –

That Rachael Shimmin be appointed to the role of Chief Executive and Head of Paid Service of the Buckinghamshire Council with a salary of £210,000 on a personal contract.

Note: All Chief Executives left the room during the consideration of this item.

(a)        Decision

That the following be implemented:-

·         All second tier Officers be designated as Chief Officers

·         Any Deputy Chief Officer appointments (Tier 3) be Officer only appointments

·         The process for resourcing the second tier of the Buckinghamshire Council be endorsed

·         The process for resourcing Statutory Officers whose role may be in the third tier of the Buckinghamshire Council be endorsed

·         A smaller Senior Appointments Sub-Committee for Chief Officer and Statutory Officer appointments be established.

(b)          Reason for Decision

To ensure that the new council starts to deliver the benefits of Unitary status from day one, the Shadow Executive Nominees had agreed the new Senior Leadership team should be in place in advance of Vesting Day.

(c)          Alternative Options Considered

None.

(d)          Conflicts of Interest / Dispensations

None.

A report was submitted to the Shadow Executive regarding proposed arrangements for the new Senior Leadership team that would be in place in advance of Vesting Day on 1 April 2020. This team was referred to as Tiers 1-3 and their reporting lines were represented in the report. It was important that the transition of senior staff into either new roles or their exit was managed to ensure that business as usual continued to be delivered alongside the transformation. The winding up of the legacy councils also needed to be managed during this process.  It was felt that due to the amount of posts that needed to be recruited to and the timescales being worked toward, Tier 2 and Statutory Officer appointments should be made by a small group of Members to agree. The Tier 2 and Tier 3 recruitment timelines were contained in the report as was a potential make-up of a Member sub-group to consider senior appointments sub-committee for Chief Officer and Statutory Officer appointments.

Members were advised that in addition to the report, a Statutory Officer included the Director of Public Health. This position would be ring fenced due to the skills and qualifications necessary to undertake the role. It was also clarified that Chief Officers were defined in the Constitution and would attend Committees to report and would report directly to the Chief Executive.

The recommendations were considered and it was

RESOLVED –

That:

a)    All second tier Officers be designated as Chief Officers

b)    Any Deputy Chief Officer appointment (Tier 3) be Officer only appointments

c)    The process for resourcing the second tier of the Buckinghamshire Council be endorsed.

d)    The process for resourcing statutory officers whose role may be in the third tier of the Buckinghamshire Council be endorsed.

e)    A smaller Member sub-group of the Senior Appointments Sub-Committee be established for Chief Officer and Statutory Officer appointments.

(a)        Decision

That the following be endorsed:-

·         Leadership Pay Broad Band

·         The Proposed terms and conditions of employment for the leadership team

·         The Pay Governance process through a Senior Appointments and Pay Committee.

(b)          Reason for Decision

Arrangements for Tier 2 and Tier 3 reward and T&Cs are required to enable the resourcing timeline for the new senior leadership to be achieved.

(c)          Alternative Options Considered

None.

(d)          Conflicts of Interest / Dispensations

None.

The Shadow Executive received a report which outlined the arrangements for Tier 2 and Tier 3 reward, terms and conditions. This was important to establish so that the resources could be known for the programme timeline. The proposals in the report had been benchmarked against relevant public, private and local government sector arrangements.

The appointment processes for the Chief Executive and the Senior Leadership Team (Tiers 2 and 3) were now underway and these roles would be used as a template for other positions in the new council. The principles had been designed to reflect the ambition of the new council’s flexible workforce and culture. To support this, the report outlined reward principles for new pay arrangements that would:

·         capture the aspirations and expectations of the new council

·         reflect the council’s philosophy of fairness and transparency

·         acknowledge the skill and expertise of staff operating at pace in setting up the new council

·         offer reward arrangements and terms and conditions that would attract and retain staff

·         provide value for money and be affordable.

The roles would be appointed on a personal contract with pay governance supplied by the new council’s Senior Appointments and Pay Committee. Their roles and responsibilities would include pay review, non-consolidated pay and pay control; the details of which were outlined in the report. It was recognised that protection arrangements outlined in the report needed to be in place as there were minor differences between the five councils on contract details such as annual leave or private health arrangements. There would not be a cliff-edge for any such arrangements as they would remain in place for one year during transition. The proposed terms and conditions had been drafted in conjunction with advise sought from the HR & OD Workstream, Haye and ePayCheck.

RESOLVED –

That the Leadership Pay Broad Band, the proposed terms and conditions of employment for the leadership team and the pay and governance process through a Senior Appointments and Pay Committee be endorsed.

The Buckinghamshire Council would be created from five existing councils all of which currently had balanced and politically agreed Medium Term Financial Strategies (MTFS) for the period 2020/21 to 2022/23. The new council had a responsibility to agree a robust budget before 10 March 2020 and the starting point for the financial planning was the amalgamation of the five MTFSs. The Shadow Executive received a report which outlined proposed principles of the Financial Strategy of the new Buckinghamshire Council. Risks and pressures were also identified in the report. Included as appendices were the 2019/20 MTFP amalgamation revenue budget and the 2019/20 Revenue Budget by Programme Board and Workstream.

It was important to note that the new council’s budget would be set by the full Shadow Council. Engagement was in place for all Members to gain familiarity with District and County responsibilities so that this would be an informed decision. Members would also have a role in scrutinising the budget as it progressed.

The consolidation would review all five local authority savings and their deliverability would be considered and challenged where appropriate. Any issues identified by the Programme Boards would be referred to the Shadow Executive. Members were advised that unallocated reserves were around 4% gross budget so was relatively small. A treasury management strategy was on going which would consolidate the position across the five councils including total borrowing and total investment. This would require Shadow Executive consideration in future.

RESOLVED –

That the report be noted. It was felt that this was a useful paper that offered insight into the operation of the new council.

(a)        Decision(s)

That the underspends and overspends for the three policies (Council Tax Reduction; Council Tax Discounts & Premiums; and Discretionary Rate Relief) be ring fenced.

That Option 3 (as outlined in the report) be implemented as the Council Tax Reduction Scheme for the Buckinghamshire Council.

(b)          Reasons for Decisions

Ring fencing would allow variations arising from any one policy to be offset against the others thereby ensuring cost neutrality.

The decision on the Council Tax Reduction Scheme was the best fit that balanced costs and would provide minimal impact on claimants in line with the principles.

(c)          Alternative Options Considered

Six options were presented in the report.

(d)          Conflicts of Interest / Dispensations

None.

Members received a report which provided an overarching summary of business in relation to Council Tax Reduction Schemes (CTRS), Council Tax Discounts and Premiums, and Discretionary Rate Relief. The reports would all inform the budget setting process and it was recommended that under or overspend of the policies be ring fenced so that any variations from one policy could be offset from against the others.

There were six options to be considered regarding the Council Tax Reduction Scheme for the Buckinghamshire Council which were based on trying to find a balance between costs and ensuring a minimal impact on claimants in lined with the defined principles. The principles that had been used when considering the harmonisation scheme were that:-

·         The same scheme would apply to all working age residents in Buckinghamshire

·         The scheme would be developed by harmonising current schemes, for instance by including features that were in place in the majority of districts where possible

·         The scheme aimed to be delivered broadly cost neutral

·         The scheme would offer protection to residents classified as vulnerable in the context of the scheme

·         Council tax payers would be required to make a contribution to their council tax (unless they were in a protected group)

·         The scheme aimed to minimise negative impacts on customers whilst acknowledging there would be winners and losers.

The six options were detailed in the report in relation to various key themes. In summary, the main difference between the six options proposed to Members were as follows:

Option One:   100% protection for customers in receipt of qualifying disability benefits

Option Two:  100% protection for customers in receipt of qualifying disability benefits and all customers responsible for children aged under 5

Option Three: 100% protection for customers in receipt of qualifying disability benefits

and lone parents responsible for children aged under 5

Option Four: Same as Option One except it gives 90% protection instead of 100% protection

Option Five:   Same as Option Two except it gives 90% protection instead of 100% protection

Option Six:     Same as Option Three except it gives 90% protection instead of 100% protection

The report also contained a table which contained a breakdown of the current and modelled council tax reduction scheme awards across the Buckinghamshire Districts. Option 3 was recommended to the Shadow Executive as it offered the best fit in line with the defined principles. Any decision would then be subject to consultation which was expected to take place from August until mid-September. The results of the consultation would then be considered to finalise the scheme.

RESOLVED –

That the three policies be ring fenced and that Option Three be adopted as the CTRS for the Buckinghamshire Council.

(a)        Decision

That the Buckinghamshire Council’s policy on Council Tax Discounts and Premiums be as follows:-

·         Unoccupied and substantially unfurnished properties (Class C) to receive a discount of 100% for one month. There will also be a minimum occupation period of 12 weeks before another discount can be awarded.

·         Unoccupied and substantially unfurnished property which is empty due to it requiring structural alterations or major repairs to make it habitable (Class D) – 50% discount (these properties will receive a class C discount as above).

·         Second Homes – 10% Discount

·         Long Term Empty Premiums as per the report.

(b)          Reasons for Decisions

The decision met the policy aims detailed in the report.

(c)          Alternative Options Considered

None.

(d)          Conflicts of Interest / Dispensations

None.

It was necessary for the Shadow Executive to determine whether council tax discretionary discounts were awarded in respect of empty properties, whether any discounts would be awarded in respect of second homes and also whether a premium is charged on long-term empty properties. This was due to the four District authorities operating on different levels and periods of discount for empty properties, and it was felt that harmonisation needed to be in place from 1 April 2020.

RESOLVED –

That:-

a)    Unoccupied and substantially unfurnished properties (Class C) receive a discount of 100% for one month with an estimated annual saving of £214,000. There would also be a minimum occupation period of 12 weeks before another discount can be awarded.

b)    Unoccupied and substantially unfurnished property which are empty due to it requiring structural alterations or major repairs to make it habitable (Class D) – receive a 50% discount. These properties would receive a class C discount as above) with an estimated annual saving of £25,000.

c)    Second homes receive a 10% discount with an estimated additional annual cost of £91,000.

d)    Long term empty premiums should be charged at the maximum levels allowed by legislation which are as follows:

From 2020/21

·         Where a property has been empty for more than two years but under five years a premium of 100% be charged (Equivalent to 2 x Council Tax).

·         Where a property has been empty between five years and ten years a premium of 200% be charged (Equivalent to 3 x Council Tax).

From 2021 onwards

·         Where a property has been empty for more than two  years but under five years a premium of 100% be charged (Equivalent to 2 x Council Tax).

·         Where a property has been empty between five years and ten years a premium of 200% be charged (Equivalent to 3 x Council Tax).

·         Where a property has been empty over ten years a premium of 300% be charged (Equivalent to 4 x Council Tax).

(a)        Decisions

·         That the Discretionary Rate Relief Policy as set out in the report be agreed.

·         That standing orders for the Buckinghamshire Council incorporate delegated authority for Officers to administer the scheme.

·         That delegated authority is given to the Chief Financial Officer in consultation with the Portfolio holder for Finance to agree technical changes in respect of the policy for discretionary rate relief.

(b)          Reason for Decision(s)

The decision met the policy aims detailed in the report.

(c)          Alternative Options Considered

Continuing with the four existing schemes was a possibility however it was felt this would not be equitable.

(d)          Conflicts of Interest / Dispensations

None.

All local authorities had the discretion to award Discretionary Rate Relief to charitable organisations. Each of the four Districts operated slightly different schemes so it was recommended that a single scheme be adopted by the Buckinghamshire Council from 1 April 2020 so that local charitable organisations could continue to be supported. The schemes all in place were broadly similar and the scheme proposed offered a flexible policy that would allow relief to be considered on a case by case basis. The Shadow Executive were advised that appeals were few in number due to the discretionary nature of the relief. Members acknowledged the importance of supporting the charity economy and noted the importance of signposting charities to Government relief policies where applicable.

RESOLVED –

That:

a)    The Discretionary Rate Relief Policy be agreed.

b)    Standing orders for the Buckinghamshire Council incorporate delegated authority for Officers to administer the scheme.

c)    Delegated authority be given to the Chief Financial Officer in consultation with the portfolio holder for Finance to agree future technical changes in respect of the policy for discretionary rate relief.

(a)        Decision

That funding be extended for a further two years for the devolution of highway services on the current terms due to expire on 31 March 2022.

(b)          Reason for Decision

The extension would enable Town and Parish Councils to plan for the next financial year. Extending for two years would allow for benefits already achieved through the current localism agenda to be maintained while allowing for further devolution to be developed.

(c)          Alternative Options Considered

As per report.

(d)          Conflicts of Interest / Dispensations

None.

Buckinghamshire County Council had devolved elements of its highway services and,  following a one year extension, these were due to expire on 31 March 2020. In total, 87 out of 168 Town and Parish Councils were now engaged in delivering devolved high services, with key services including urban grass cutting; 65% of which was now cut under devolved arrangements.

Following the unitary decision in 2018 and in order to allow for development of a new localism offer, a decision was made to extend the existing budget for a further year. The localism workstream was currently engaged with Town and Parish Councils to develop the new devolution framework. To provide sufficient time for this framework to be fully developed and recognise the budget setting timetable for local councils, it was necessary to review the current highways devolution agreements as they were due to expire in less than eight months. It was important to note that the report was not in relation to any future or enhanced devolution opportunity for local councils. Instead it was intended to provide continuity while devolution was developed. The extension of the agreements would allow the local councils to plan for the next financial year. Moreover, the agreements contained a break clause which would allow flexibility should a new localism offer be ready earlier than expected.

It was felt that the extension was a sensible working arrangement and would provide clarity to local councils whilst localism was developed. Officers confirmed that any Parish Council could become involved in these agreements during the extension if they were not already.

RESOLVED –

That funding be extended for a further two years for the devolution of highway services on the current terms due to expire on 31 March 2022.

Note: Councillor B Chapple OBE declared a personal interest as a member of Aylesbury Town Council.

Councillor I Darby declared a personal interest as a member of Chalfont St Peter Parish Council.

Councillor F Wilson declared a personal interest as a member of Chesham Town Council.

Councillor M Shaw declared a personal interest as a member of Chesham Town Council.

Councillor P Hogan declared a personal interest as a member of Beaconsfield Town Council.

To resolve that under Section 100(A)(4) of the Local Government Act 1972 the public be excluded from the meeting for the following item(s) of business on the grounds that it involves the likely disclosure of exempt information as defined in Part I of Schedule 12A of the Act.

RESOLVED –

That under Section 100(A)(4) of the Local Government Act 1972 the public be excluded from the meeting for following items of business on the grounds that it involved the likely disclosure of exempt information as defined in Part I of Schedule 12A of the Act.

The public interest in maintaining the exemption outweighed the public interest in disclosing the information because the reports contained information relating to the financial or business affairs of any particular person (including the authority holding that information).

(a)        Decision

That the decision of Wycombe District Council’s Cabinet be endorsed in the acquisition of Spade Oak Lake, Little Marlow.

(b)          Reason for Decision

The site comprised an area of approximately 50 ha, mostly water, and formed a key part of Wycombe District Council’s long-standing plan for the creation of Little Marlow Lakes Country Park, between Marlow and Bourne End.

(c)          Alternative Options Considered

The proposed acquisition was opportunistic so not acquiring was an option.

(d)          Conflicts of Interest / Dispensations

None.

The Shadow Executive received a restricted report regarding a commercial opportunity that Wycombe District Council’s Cabinet had considered. Consideration was given to the confidential information contained within the report and Members sought clarification on legalities regarding responsibility for contamination and the funding for ongoing revenue costs.

RESOLVED –

That the decision of Wycombe District Council’s Cabinet be endorsed in the acquisition of Spade Oak Lake, Little Marlow, subject to due diligence.

(a)       Decision

That the funding from AVDC and BCC be approved to allow the ELRS and Woodlands development to progress. Also to support the establishment of a Member and Officer Stakeholder Board to represent the interests of AVDC, BCC and the future Council and provide a steer on the member representation on the Board.

(b)          Reason for Decision

Requires Shadow Executive approval as the investment is above the £500,000 de minimis level as per the agreed spending protocol across the five Buckinghamshire councils.

(c)          Alternative Options Considered

To wait until the outcome of the HIF funding bid is known although this would jeopardise the timescales for completion of the infrastructure requirements and potentially compromise the funding conditions.

(d)          Conflicts of Interest / Dispensations

Councillors S Bowles, I Darby, N Naylor and M Tett declared personal interests and did not take part in the debate or vote on the item.

Councillor C Harriss declared a prejudicial interest and left the room during the item.

Councillor K Wood was the Chairman for this item.

A confidential report had been submitted to the Shadow Executive for them to  consider funding from AVDC and BCC towards the Eastern Link Road South and Woodlands development to progress. Consideration was given to the restricted information in the report.

RESOLVED –

That:-

a)    the funding from AVDC and BCC be approved to allow the ELRS and Woodlands development to progress.

b)    the establishment of a Member and Officer Stakeholder Board be supported to represent the interests of AVDC, BCC and the future Council and provide a steer on the member representation on the Board.

Note: Councillor B Chapple OBE declared a personal interest as the local Member.

Councillors S Bowles, I Darby, N Naylor and M Tett declared personal interests as LEP Board Members and did not take part in the debate or vote on the item.

Councillor C Harriss declared a prejudicial interest as Director of BA and left the room during the item.

(a)       Decision

The proposed purchase investment property by South Bucks District Council be approved subject to due diligence.

(b)          Reason for Decision

The purchase offered making a return on investment.

(c)          Alternative Options Considered

Not purchasing the investment property.

(d)          Conflicts of Interest / Dispensations

None.

Councillor M Tett resumed Chairmanship for this item.

A confidential report had been submitted for the Shadow Executive to consider a commercial opportunity proposed by South Bucks District Council of an investment property. Members considered the restricted information contained within the report.

RESOLVED –

That the proposed purchase investment property by South Bucks District Council be approved subject to due diligence.