Minutes 29th June 2009

Minutes of the Extraordinary Meeting of Madeley Parish Council held on Monday, June 29th 2009, at Jubilee House, High Street, Madeley, commencing at 7.00pm.

Present:

• Councillors:
  D Davies (Chair)
  J Jones (Vice-Chair)
  B Duce
  D Edwards
  A England
  G Green
  S Harrington
  C Higgins
  M Shaw
  E Swift
  M Swift
  S Taylor
  DP Taylor
• Clerk to the Council
• Deputy Parish Clerk

09/13. Apologies

• Councillor E Evans - Transport - Accepted
• Councillor A Mackenzie - Work - Accepted

09/14. Declarations of Interest

There were none.

09/15. Remarks from the Chair

The Chair explained that the extraordinary meeting had been called to meet Accounts and Audit requirements for approval of the Annual Return by the statutory deadline of June 30th 2009.

The Chair declared a vacancy for the Woodside Ward following the resignation of Councillor S Law.

09/16. Public Discussion

There were no members of the public present.

09/17. Minutes

Resolved - that the minutes of the Meeting of Madeley Parish Council held on Monday, February 23rd 2009 be confirmed and approved for signature.

09/18. Committee Reports

18.1 Leisure and Community Committee

Councillor E Swift presented the report of the Leisure and Community Committee meeting held on March 9th 2009 for information.
Noted.

18.2 Personnel Committee

The Chair presented the report of the Personnel Committee meeting held on March 23rd 2009 for information.
Noted.

18.3 Environment Committee

Councillor E Swift presented the report of the Environment Committee meeting held on April 6th 2009 for information.
Noted.

The Path Sweeping programme for Sutton Hill had been completed satisfactorily - monitoring of condition would now take place to adjudge effectiveness and inform forward plans and consideration of extension.

18.4 Finance and General Purposes Committee

Councillor J Jones presented the report of the Finance and General Purposes Committee meeting held on April 27th 2009 for information.
Noted.

Councillor D Edwards joined the meeting.

18.5 Leisure and Community Committee

Councillor D Edwards presented the report of the Leisure and Community Committee meeting held on June 1st 2009 for information.
Noted.

The increase in Grant applications following promotion was gratifying.

18.6 Personnel Committee

The Chair presented the report of the Personnel Committee meeting held on June 8th 2009 for information.
Noted.

Preparation for the forthcoming Investors In People review was highlighted.

18.7 Audit Committee

Councillor DP Taylor presented the report of the Audit Committee meeting held on June 15th 2009 for information.

The report contained recommendations for consideration and approval following review of Standing Orders, Financial Regulations, Audit Plan, Systems of Internal Control, and Risk Management:

18.7.1 Standing Orders

(a) Madeley Parish Council appoints Committees at its Annual General Meeting during which the Chair and Vice-Chair are appointed.

Madeley Parish Council sets its programme of meetings at the Annual General Meeting.
Resolved:
That paragraph 44 be deleted and its provisions inserted to the Order of Business - paragraph 12.

(b) The structure and membership of Committees has changed. Planning is dealt with under delegated authority; Audit Committee has been created. Members noted that Finance and General Purposes Committee acted as a buffer between Council and its Committees and had greater financial responsibility and authority.
Thereby, it was
Resolved:
Paragraph 48 - that the quorum at Committee shall be as follows:
Finance and General Purposes Committee - 4
Environment Committee - 3
Leisure and Community Committee - 3
Personnel Committee - 3
Audit Committee - 3.

(c) The statutory deadline for approval of the Annual Return by Council is now June 30th
Resolved:
That paragraph 55 be amended to read "...shall be presented to Council for formal approval before the end of the following month of June."

(d) Relevant to Wales only
Resolved:
That paragraph 59 be deleted.

(e) The practice of invitation to Borough Councillors to attend meetings had lapsed due to reasonableness and practicality
Resolved:
Liaison with Borough Councillors - that paragraph 74 be deleted and that paragraph 75 be amended to read:
"A copy of each letter ordered to be sent to the Borough Council shall be transmitted to the Borough Councillor for the relevant ward(s) as the Council or its Committees may instruct."

(f) Madeley Parish Council receives a summary of planning application from the Planning Authority on a weekly basis - details are forwarded to all members of the Environment Committee. Access to Planning Applications via the electronic Planning Portal made the Order archaic.
Resolved:
That paragraph 76(d) be amended to read:
"The Clerk shall notify receipt of every planning application to the Environment Committee within one week of receipt."

(g) Discrepancy between Standing Orders and Financial Regulations which provided for setting of values and tender regulations based on a level of £10,000. Members, after debate on amounts, considered that neither level was reasonable to enact.
Resolved:
That Standing Orders be aligned with Financial Regulations at a procurement level of £30,000 for formal tender process.

(h) External Auditor opinion advises that Financial Regulations be reviewed annually for relevance.
Resolved:
That paragraph 77(3) be amended to read:
"The Financial Regulations of the Council shall be subject to annual review."

(i) Members considered that a revised copy of Standing Orders should be provided to Councillors following amendment.
Resolved:
That paragraph 81 be amended to include revisions:
"... and upon amendment following annual review."

It was requested that Paragraph 73 be subject to later review.

18.7.2 Financial Regulations

(a) Internal Controls, Review of Internal Controls, and Review of Effectiveness of Internal Audit are part of the new accountability and audit framework introduced by the Accounts and Audit Regulations 2003.
Resolved:
That the following paragraph be included within Financial Regulations:
"The Council shall be responsible for ensuring that the financial management is adequate and effective and that the Council has a system of internal controls which facilitates the effective exercise of its functions and which manages risk."
Resolved:
That the following paragraph be included within Financial Regulations:
"The Council shall review annually the effectiveness of its systems of internal controls and shall produce a statement on internal control with its statement of accounts"
Resolved:
That the following paragraph be included within Financial Regulations:
"The Council shall carry out a review of the effectiveness of internal audit on an annual basis in accordance with the Accounts and Audit Regulations 2003 and 2006, and any subsequent amendments thereto."

(b) It is a requirement that Council should review all fees and charges annually following a report of the Responsible Finance Officer (RSO) (paragraph 11.2.1)
Resolved:
That the following paragraph be included within Financial Regulations:
"Particulars of all charges to be made for work done, services rendered or goods supplied shall be agreed annually by the Council, notified to the Responsible Finance OfficerRFO and the Responsible Finance OfficerRFO shall be responsible for the collection of all accounts due to the Council."

(c) In order to manage Financial Risk
Resolved:
that the following paragraph be included within Financial Regulations:
"Where any significant sums of cash are regularly received by the Council, the RFO shall take such steps as are agreed by the Council to ensure that more than one person is present when the cash is counted and that appropriate care is taken in the security and safety of individuals banking such cash" Resolved:
That the following paragraph be included within Financial Regulations:
"The Council shall carry out a Financial Risk Assessment on an annual basis in accordance with the Accounts and Audit Regulations 2003 and 2006, and any subsequent amendments thereto."

(d) Members requested the amendment of paragraph:
Resolved:
Paragraph 2.1 - that "...and Working Groups" be deleted.

It was noted that the Society of Local Council Clerks (SLCC) template for Financial Regulations included provision for the Council to prepare and have regard to a three year forecast of Revenue and Capital Receipts and Payments which shall be prepared at the same time as the Annual Budget or Estimates. Advice had been taken (SLCC Financial Seminar) and it was reported that this provision was not obligatory and was considered impractical and, therefore, not necessary.
Noted.

18.7.3 Audit Plan

The Audit Plan provides for a comprehensive assessment of internal controls and procedures and effectiveness. The current Audit Plan was approved by Finance and General Purposes Committee in April 2008.
Independent Internal Auditor has confirmed that Audit Commission standards for assurance testing can be applied to all areas of audit of internal controls for a minor local authority.
The Internal Audit programme for 2009/10 has been agreed:
November 2009 - Interim
February 2010 - Budget/Precept
June 2010 - End of Year process
Resolved:
That the Audit Plan be approved
It was noted that Members had requested that consideration be given to periodic in-depth systems audit.

Systems of Internal Control
The Accounts and Audit Regulations (2003) require audited bodies to conduct an annual review of the effectiveness of its system of internal control and publish a statement on internal control (statement of assurance) each year with the financial statements.

The Audit Committee is tasked to review the effectiveness of the system of internal control and to agree a statement of internal control. Measures of effectiveness of the system of internal controls are:
Completion of annual audit plan
Issue of final audit reports
Implementation of audit recommendations
Audit Plan - Approved
Audit Reports - Internal Audit report presented to Audit Committee 15.06.2009
Noted and approved. Audit Recommendations - there were no Audit recommendations.

The Accounts and Audit (Amendment)(England) Regulations 2006 require that the findings of the review of the system of internal control be considered by Council/Committee.
Noted.

18.7.4 Statement of Internal Control

A Statement of Internal Control is required to be included with the annual accounts. Audit Committee had considered a draft Statement (Appendix A) and recommended approval.
It was requested that responsibility for legal compliance should be clarified.
Resolved:
That, subject to required amendment, the Statement of Internal Control be endorsed and incorporated into the year-end Accounts.

18.7.5 Risk Management Policy

The Annual Review of the Effectiveness of Internal Audit requires that "the scope of Audit takes into account the Risk Management process".
The Audit Committee had reviewed the Risk Management Policy (adopted) - its identification of categories of risk and system of monitoring - and recommended revision (Appendix B)
Resolved:
That the revised Risk Management Policy is approved.

09/19. Budget and Finance

19.1 Financial Reports - End of Year 2008/09

The RFO presented End of Year Financial Reports in support of the Statement of Accounts for information.
Consolidated Balance Sheet
Balances carried forward at 31 March 2009 = £217,053.42
Represented by General Fund (£176,623.42) and Earmarked Reserves (£40,430.00)
Financial Summary, Cashbook
Bank reconciliation confirmed by Chair, Audit Committee
Financial Comparison Report
Income and Expenditure Trial Balance
Income and Expenditure Account
Noted.

19.2 Annual Return 2009

The Responsible Finance Officer confirmed that public notice would be displayed from July 6th 2009 notifying electors' rights for the inspection of Accounts.
The programme of external audit was detailed.
End of Year independent Internal Audit had been completed and the Annual Internal Audit Report signed - all systems were found to be operating satisfactorily and no areas of risk were identified.

19.2.1 Statement of Accounts

The Responsible Finance Officer presented the Annual Return for the year ended March 31st 2009.
Resolved:
That Madeley Parish Council approves the Statement of Accounts for the year ended March 31st 2009.

19.2.2 Annual Governance Statement

The Responsible Finance Officer presented the Annual Governance Statement for the year ended March 31st 2009 together with briefing note (Appendix C).
Resolved:
That Madeley Parish Council approves the Annual Governance Statement.

09/20. Motion

Councillor D Davies
'This Council deplores the way in which the current administration of Telford and Wrekin Council has abandoned the established protocol for selection of deputy mayor and mayor at the 2009 AGM. The protocol was introduced by a previous administration to ensure fairness to all and has benefitted councillors from all parties by allowing them to play a full part in civic life. It has now been contravened for political expediency and to the detriment of the pre-designated candidate thus causing great offence to the ethnic minority communities of the Borough. This Council agrees to boycott all civic functions involving the current deputy mayor with immediate effect until this matter has been satisfactorily resolved.'

The Chair of Council presented the motion which criticised the undermining of an established protocol of the Principal Authority for the nomination and appointment of Deputy Mayor that has resulted in embarrassment and offence.

The motion was supported by Councillors who expressed shock at the proceedings at the Annual General Meeting of Telford and Wrekin Council held on May 21st 2009 that had humiliated the prospective candidate in a public forum and had prompted protest from the ethnic minority community and others. A protocol, agreed and accepted by all parties, had been set aside for political purposes.

Councillors accepted that the Mayoral role was ceremonial and symbolic of the exercise of civic and representative function throughout the Borough. The current Mayor was appointed in accord with the protocol. Resolved:
That the Motion be approved

09/21. Information

21.1 The Friends of Telford Town Park

Invitation to the re-launch of The Wind Vane - August 12th 2009.
Noted.

21.2 Severn Hospice

Letter of thanks for hospitality and use of facilities during annual Midnight Walk held on June 20th 2009.
Jubilee House also hosted a sleep-over by 1st Madeley Brownies that evening.
Noted and commended.

09/22. Date of Next Meeting

The next meeting of Madeley Parish Council will be held on Monday, July 13th 2009 at Jubilee House, Madeley, commencing 7.00pm.

There being no further business, the Chair declared the meeting closed at 8.45pm.