Decision details

(i)         WORCESTERSHIRE ENHANCED TWO TIER (WETT) PROGRAMME – BUSINESS CASE FOR REGULATORY, AUDIT AND PROPERTY SERVICES

 

            With the consent of the meeting, Councillor R. Hollingworth proposed that the recommendations from the Cabinet be altered to delete the words “in principle”.

 

            The altered recommendations were moved by Councillor R. Hollingworth and seconded by Councillor G. N. Denaro. The Chairman agreed that the matter be put to the vote in three stages with the first vote to cover the recommendations with regard to Internal Audit, the second vote to cover the recommendations with regard to Regulatory Services and the third vote to cover the recommendations with regard to Property Services.

 

            On a requisition under Council Procedure Rule 17.5, the following details of voting were recorded on each vote.

 

Internal Audit

 

For the internal audit recommendations: Councillors A. N. Blagg, Mrs. J. M. Boswell, Mrs. M. Bunker, Miss D. H. Campbell, S. R. Colella, R. J. Deeming, G. N. Denaro, Mrs. R. L. Dent, Mrs. A. E. Doyle, Mrs. J. Dyer M.B.E., Mrs. J. M. L. A. Griffiths, D. Hancox, R. Hollingworth, Ms. H. J. Jones, B. Lewis, Dr. G. H. Lord, D. McGrath, W. R. Newnes, D. L. Pardoe, S. R. Peters, Mrs. M. A. Sherrey JP, R. D. Smith, Mrs. C. J. Spencer, C. B. Taylor, E. C. Tibby, C. J. Tidmarsh, L. J. Turner, M. J. A. Webb, P. J. Whittaker and C. R. Scurrell (30);

 

Against the internal audit recommendations: Councillors Ms. J. A. Marshall, Mrs. C. M. McDonald, P. M. McDonald, E. J. Murray, S. P. Shannon, and C. J. K. Wilson (6).

 

            Regulatory Services

 

For the Regulatory Services recommendations: Councillors A. N. Blagg, Mrs. J. M. Boswell, Mrs. M. Bunker, Miss D. H. Campbell, S. R. Colella, R. J. Deeming, G. N. Denaro, Mrs. R. L. Dent, Mrs. A. E. Doyle, Mrs. J. Dyer M.B.E., Mrs. J. M. L. A. Griffiths, D. Hancox, R. Hollingworth, Ms. H. J. Jones, B. Lewis, Dr. G. H. Lord, D. McGrath, W. R. Newnes, D. L. Pardoe, Mrs. M. A. Sherrey JP, R. D. Smith, Mrs. C. J. Spencer, C. B. Taylor, E. C. Tibby, C. J. Tidmarsh, L. J. Turner, M. J. A. Webb, P. J. Whittaker and C. R. Scurrell (29);

 

Against the Regulatory Services recommendations: Councillors Ms. J. A. Marshall, Mrs. C. M. McDonald, P. M. McDonald, E. J. Murray, S. R. Peters, S. P. Shannon, and C. J. K. Wilson (7).

 

Property Services

 

For the Property Services recommendations: Councillors A. N. Blagg, Mrs. J. M. Boswell, Mrs. M. Bunker, Miss D. H. Campbell, S. R. Colella, R. J. Deeming, G. N. Denaro, Mrs. R. L. Dent, Mrs. A. E. Doyle, Mrs. J. Dyer M.B.E., Mrs. J. M. L. A. Griffiths, D. Hancox, R. Hollingworth, Ms. H. J. Jones, B. Lewis, Dr. G. H. Lord, Ms. J. A. Marshall, Mrs. C. M. McDonald, P. M. McDonald, D. McGrath, E. J. Murray, W. R. Newnes, D. L. Pardoe, S. R. Peters, S. P. Shannon, Mrs. M. A. Sherrey JP, R. D. Smith, Mrs. C. J. Spencer, C. B. Taylor, E. C. Tibby, C. J. Tidmarsh, L. J. Turner, M. J. A. Webb, P. J. Whittaker, C. J. K. Wilson and C. R. Scurrell (36);

 

Against the Property Services recommendations: (0).

 

            RESOLVED:

(a)       that the two tier and joint working proposals for Property Services, Regulatory Services and Internal Audit contained within the WETT detailed business cases attached to the report be approved, on the basis that the associated risk implications and governance arrangements are to be finalised;

(b)       that subject to the agreement of the Worcestershire Councils i.e. Worcestershire County Council, Worcester City, Bromsgrove District, Redditch Borough, Malvern Hills District, Wychavon District and Wyre Forest District, a unified Regulatory Service for the Worcestershire Councils, jointly hosted by Bromsgrove and Redditch Councils (with Bromsgrove as the employing authority) be established from 1st June 2010 under the auspices of a Joint Committee; on the basis set out in the Regulatory Service Detailed Business Case V10, Part 1 and Part 2 (Rev.1) and supported by the Regulatory Services Detailed Business Case Executive Summary V3.2 attached as an appendix to the report;

(c)        that this Council’s functions in relation to Environmental Health and Licensing Services (other than those licensing functions which cannot be delegated) be delegated to a Joint Committee in accordance with Section 101 of the Local Government Act 1972 and Section 20 of the Local Government Act 2000 and the Local Authorities (Arrangement for the Discharge of Functions) (England) (Regulations) 2000;

(d)       that subject to such an agreement being concluded, relevant staff from all Councils agreeing to the Regulatory Services Business Case be transferred to this Council under TUPE arrangements;

(e)       that the financial arrangements for the new Regulatory Service as set out in the Detailed Business Case V10 be approved as the basis for Regulatory budgets;

(f)         that subject to the agreement of the participating Worcestershire Councils i.e. Worcestershire County, Worcester City, Bromsgrove District and Redditch Borough, a Shared Property Service (hosted by Worcestershire County Council) be established on the basis set out in the Property Services Detailed Business Case V6 and the supporting Detailed Business Case Executive Summary V1 attached as an appendix to the report;

(g)       that the transfer of staff to Worcestershire County Council as service provider be approved on the terms proposed from the commencement date;

(h)        that this Council enters into a Service Level Agreement on the basis set out in the Property Services Detailed Business Case V6 and supporting Property Services Detailed Business Case V1, as amended to reflect any final agreement made between the Partner authorities;

(i)         that the Head of Legal, Equalities and Democratic Services be authorised to finalise the terms of the collaboration agreement and the Service Level Agreement and to execute the agreements on behalf of the Council;

(j)         that subject to the agreement of the participating Worcestershire Councils i.e. Worcester City, Bromsgrove District, Redditch Borough, Wychavon District and Malvern Hills District, agreement be given to the creation of a Shared Service Internal Audit Service on the basis set out in the Internal Audit Detailed Business Case V10 and the supporting Detailed Business Case Executive Summary V2 as attached as an appendix to the report;

(k)        that the proposal that Worcester City Council acts as service provider be supported;

(l)         that the transfer of staff to Worcester City Council as service provider be approved on the terms proposed from the commencement date;

(m)      that this Council enters into a Service Level Agreement on the basis set out in the Internal Audit Detailed Business Case V10 and supporting Internal Audit Detailed Business Case V2 attached as an appendix to the report as amended to reflect any final agreement made between the Partner authorities;

(n)        that the Head of Legal, Equalities and Democratic Services be authorised to finalise the terms of the Service Level Agreement and to execute the agreement on behalf of the authority;

(o)       that the proposed timeline attached as an appendix to the report, containing the order and dates for each consultation and decision point relating to the detailed business case development for Property Services, Regulatory Services and Internal Audit  be approved;

(p)       that the establishment of a Joint Appointments Committee with appropriate terms of reference in relation to the appointment of the proposed Head of Regulatory Services be approved on the basis the Committee comprises one member of each participating Council;

(q)       that the consequential amendments to the Council’s Constitution to reflect the Shared Services arrangements be approved.              

 

(ii)        MEDIUM TERM FINANCIAL PLAN 2010/2011 TO 2012/2013

 

            The recommendations from the Cabinet were moved by Councillor G. N. Denaro and seconded by Councillor R. Hollingworth during which thanks were extended to the Head of Financial Services and her staff.

 

An amendment was moved by Councillor P. M. McDonald and seconded by Councillor C. J. K. Wilson that the budget savings and expenditure be varied as follows:

 

 

On a requisition made under Council Procedure Rule 17.5, the following details of voting on the amendment were recorded:

 

For the amendment: Councillors Ms. J. A. Marshall, Mrs. C. M. McDonald, P. M. McDonald, D. McGrath, E. J. Murray, S. P. Shannon and C. J. K. Wilson (7);

 

Against the amendment: Councillors A. N. Blagg, Mrs. J. M. Boswell, Mrs. M. Bunker, Miss D. H. Campbell, S. R. Colella, R. J. Deeming, G. N. Denaro, Mrs. R. L. Dent, Mrs. A. E. Doyle, Mrs. J. Dyer M.B.E., Mrs. J. M. L. A. Griffiths, D. Hancox, R. Hollingworth, Mrs. H. J. Jones, B. Lewis, Dr. G. H. Lord,  W. R. Newnes, D. L. Pardoe, S. R. Peters, Mrs. M. A. Sherrey, R. D. Smith, Mrs. C. J. Spencer, C. B. Taylor, E. C. Tibby, C. J. Tidmarsh, L. Turner, M. J. A. Webb, P. J. Whittaker and C. R. Scurrell (29).

 

Accordingly the Chairman declared the amendment LOST.

 

The substantive recommendations were put to the meeting whereupon it was

                         

                        RESOLVED:

 

 (a)      that the budget pressures identified as high in Appendix A of the report (now including the Older Persons Directory) be included within the Medium Term Financial Plan as follows:

 

                                    2010/11          £100,000

                                    2011/12          £69,000

                                    2012/13          £69,000

 

(b)       that the budget pressures identified as unavoidable in Appendix B of the report be included within the Medium Term Financial Plan as follows:

                                    2010/11          £725,000

                                    2011/12          £699,000

                                    2012/13          £677,000

 

(c)        that the savings identified in Appendix C of the report be included within the Medium Term Financial Plan as follows:

 

                                    2010/11          £1,088,000

                                    2011/12          £1,348,000

                                    2012/13          £1,787,000

 

(d)       that the capital bids identified as high in Appendix D (i) of the report (now including the WETT programme proposals) be included within the Medium Term Financial Plan as follows:

 

                                    2010/11          £365,000

                                          2011/12          £140,000

                                          2012/13          £110,000

 

(e)       that the use of reserves totalling £593,000 as set out in Appendix E of the report be approved;

(f)         that the virements as set out in Appendix F of the report be approved; and

(g)       that the efficiency savings to be delivered during the period of the Medium Term Financial Plan as set out in Appendix D of the report be noted.

 

(iii)       COMPREHENSIVE AREA ASSESSMENT (CAA) – ORGANISATIONAL ASSESSMENT

 

The recommendations from the Cabinet were moved by Councillor R. Hollingworth and seconded by Councillor G. N. Denaro.

 

During the discussions Councillor P. M. McDonald raised a point of order with regard to the accuracy of the Audit Commission’s Organisational Assessment of the Council which the Chairman ruled out of order.

 

RESOLVED  that the Audit Commission’s report be noted, in particular the areas identified for improvement which will be included within the 2010/2013 Council Plan and the 2010/2011 Improvement Plan.

 

(iv)      INVESTIGATION COSTS

 

            The recommendations were moved by Councillor G. N. Denaro and seconded by Councillor R. Hollingworth during which Councillor Denaro drew attention to matters which should not be discussed in the Chamber due to the ongoing investigation.

 

            Councillor S. R. Peters moved an amendment that the matter be referred back to the Standards Committee with a view to rationalising the investigation as there would be a limited number of generic complaints. The Deputy Monitoring Officer explained the grounds upon which a matter could be referred back which excluded financial grounds and therefore suggested that consideration be given to the amendment being withdrawn. Following that advice the amendment was not seconded.

 

            RESOLVED  that £45,000 be transferred from balances to meet the costs relating to the investigation and hearings into the complaints made to the Standards Committee following the Council meeting on 29th July 2009.

 

            (Councillor S. R. Peters requested that his name be recorded as having voted against the above resolution).

 

(v)        PROGRAMME OF COUNCIL AND COMMITTEE MEETINGS 2010/2011

 

            RESOLVED:

(a)       that the Committee Programme for 2010/2011 as set out at Appendix 1 to the report be approved;

(b)       that authority be delegated to the Head of Legal, Equalities and Democratic Services, in consultation with the Leader and relevant Portfolio Holder, to agree the programme of Council and Committee meetings for future years; and

(c)        that the responsibility for considering and formally approving by resolution the Council’s Statement of Accounts in accordance with Regulation 10 (3) of the Accounts and Audit Regulations 2003 be transferred from the Audit Board to the full Council; and that, as a consequence, the proposed June meeting of the Council be changed to 30th June 2010

 

(vi)       DOLPHIN CENTRE – TRANSFER OF MANAGEMENT TO A LEISURE TRUST 

 

            The recommendations from the Cabinet were moved by Councillor R. D. Smith and seconded by Councillor R. Hollingworth.

 

On a requisition made under Council Procedure Rule 17.5, the following details of voting on the recommendations were recorded:

 

For the recommendations: Councillors A. N. Blagg, Mrs. J. M. Boswell, Mrs. M. Bunker, Miss D. H. Campbell, S. R. Colella, R. J. Deeming, G. N. Denaro, Mrs. R. L. Dent, Mrs. A. E. Doyle, Mrs. J. Dyer M.B.E., Mrs. J. M. L. A. Griffiths, D. Hancox, R. Hollingworth, Mrs. H. J. Jones, B. Lewis, Dr. G. H. Lord, D. McGrath, W. R. Newnes, D. L. Pardoe, S. R. Peters, Mrs. M. A. Sherrey, R. D. Smith, Mrs. C. J. Spencer, C. B. Taylor, E. C. Tibby, C. J. Tidmarsh, L. Turner, M. J. A. Webb, P. J. Whittaker and C. R. Scurrell (30);

 

Against the recommendations: Councillors Ms. J. A. Marshall, Mrs. C. M. McDonald, P. M. McDonald, E. J. Murray, S. P. Shannon and C. J. K. Wilson (6).

 

            RESOLVED  that negotiations be completed to enable the transfer of the management of the Dolphin Centre to Wychavon Leisure and Community Association Ltd to take place, based on the production of a business case that meets the savings proposed in the Medium Term Financial Plan and on a range of targets that will further improve the efficiency of the Dolphin Centre.