IMPORTANT
For details about Covanta www.mmetag.com and see
IPC Registration - MMAG Oct Nov 2010 colour S[1].pdf
Best wihes to Nicola Ryan Raine for sending this link
Oyez, Oyez, Oyez
COVANTA INCINERATOR
Public Meeting Being Held with
PROFESSOR PAUL CONNETT of St. Lawrence University, New York
SATURDAY 30TH OCTOBER 2010
TIME: 10:30AM – 12:00 NOON
THE RUFUS CENTRE, FLITWICK.
Main Points
The Main building would be roughly the height of the Cardington hangers!
The chimney stack(s) would be approx twice the height of the brickworks chimneys
The building would be right against the railway line at the edge of the Country Park – it will be visible from every part of this wonderful amenity used by so many families and their children. Covanta’s own initial suggestion of vehicle movements was 300 lorries and 150 cars. This has since been amended to 900 vehicle movements a day (450 lorries) – arriving and departing between 5am and 11pm 6 days a week and 7 days a week on Bank Holiday weekends. Covanta’s own literature says that their catchment area would be Bedfordshire, Buckinghamshire and then potentially Milton Keynes, Northamptonshire, Hertfordshire, Cambridgeshire and Windsor and Maidenhead.
Worrying points
According to Abby Gruen of The Star-Ledger, Covanta is being sued by Connecticut’s attorney general.
Covanta Energy, the operator of three incinerators in New Jersey, is being sued by the Connecticut State Attorney General Richard Blumenthal for emitting excessive levels of a carcinogen for the second time in three years at its incinerator in Wallingford, Connecticut in the USA.
The lawsuit was filed in August 2010 against Covanta on behalf of the state Department of Environmental Protection. The lawsuit explicitly names dioxin as the pollutant.
This is the second time the state of Connecticut has sued Covanta for exceeding emissions standards. The previous legal action was settled for $355,000 in 2009.
Paul Gilman, Covanta’s chief sustainability officer is reported as saying that the excess emissions of dioxin “were unacceptable to Covanta.” He said the emissions problem was caused by a failure of a system in one of the plant’s three generating units that inject carbon into emissions before they leave the plant’s smokestacks. It is understood that the Wallingford incinerator has been shut down since 2nd July 2010 when Covanta noticed the excess dioxin emissions. According to the New Jersey-based website Covanta operates waste-to-energy plants in Newark, Oxford and Rahway. The New Jersey Department of Environmental Protection is currently reviewing an air operating permit for the Covanta waste-to-energy plant in Newark’s Ironbound neighborhood in Essex County. The plant has a long history of pollution violations. A DEP spokeswoman said the decision to renew the permit is still under consideration.
Question:
Do we need this facility in an area of outstanding beauty?
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It is now almost a year since the Town Council made a statement in their Minutes which related to and accused two residents of being responsible for the high costs of a Tribunal Case. I have not as yet seen any public apology by the council for this incorrect statement even though I understand the Information Commissioners Office found in favour of the council being in breech of Principle 1 of the Data Protection Act.
The above information proves that Councillors appear untouchable. The article below should blow the wind from their sale once and for all and if they still feel the same after reading it then it is definitely time they moved on to something they are able to comprehend.
4. Guidance on Defamation
Statements made in council and committee meetings are subject to the general principles of law concerning defamation. Anyone who makes a defamatory statement therefore commits a tort (i.e. civil wrong).
Some Frequently Asked Questions
What is a defamatory statement?
A defamatory statement is one which exposes a person to hatred, ridicule or contempt, or which causes them to be shunned or avoided, or which has a tendency to lower them in the estimation of right thinking members of society generally or injure them in their office, profession or trade.
Are there any defences?
There is a general defence to an action in defamation to show that the statement was made on a “privileged occasion”.
Absolute privilege - applies in only very limited circumstances, which will not normally be relevant to local councils, e.g. judicial and parliamentary proceedings, between a local authority and the Ombudsman, but not council meetings.
Qualified privilege - attaches on “…any occasion where the person who makes the communication has an interest or duty, legal, social or moral, to make it to the person to whom it is made, and the person to whom it is made has a corresponding duty to receive it”. (House of Lord case decided in 1917). An essential feature of qualified privilege is absence of malice. So long as a person believes in the truth of what they say, malice cannot normally be inferred.
Qualified privilege may well be relevant to statements made in Council or committee.
Other possible defences are justification, i.e. if the words are true. It may also be a good defence to show that it was fair comment on a matter of public interest, honestly believed to be true, relevant and not inspired by malicious motive, and that the statements of fact on which the comment was based were materially true.
Can the Council be defamed?
The House of Lords has held, in a case involving Derbyshire County Council in 1993, that it is not possible for a Council to be defamed, so it cannot sue to protect its reputation. However, if statements are made by the Council, in an official capacity, then the normal rules apply and the Council could be sued, subject to the possible defences.
Posted by the Town Crier
20th September 2010
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A 'Good Council' - What is it?
Quite simply a 'good council' is a council that makes a difference.
At the end of a year a good town or parish council will be able to look back and see what it has achieved for the people it serves. It will have been active in dealing with problems and grasping opportunities in the parish, it will have found out about the aspirations and needs of people living in the parish and it will have taken some action to get them satisfied.
So a good council, whether it is large or small, will be an active council - active at a level appropriate to the circumstances and needs of the parish. But being active does require proper organisation and good working practices. A good council will have efficient day-to-day business procedures, it will have ways of communicating regularly with its electorate, the council and its clerk will work as a harmonious team and the council will systematically plan, budget and review its activities.
Town and parish councils (known as 'local councils') are part of local government in England and have many legal requirements to satisfy in their day to day business. In addition, years of experience have shown that there are certain ways of working which can be considered 'good practice'. this has brought legal requirements and some of the more important aspects of good practice together into a compendium of 'recommended standards' which it hopes all local councils will seek to follow.
Business Matters
Unless it operates in a reasonably business like manner, a local council will not be a pleasure to serve on or effective in meeting the needs of its electorate. With the adoption of agreed administrative procedures a council's business can be conducted in a legal and consistent way that the clerk, chairman, councillors - and the general public - all understand and abide by.
In order to ensure accountability for the proper administration of the council's finances, all local councils are required by law to appoint a Responsible Financial Officer (RFO). This will often, but not always, be the council's clerk. Councils are also required to adopt a set of Financial Regulations. These serve a similar purpose to Standing Orders with respect to the financial procedures of the council. It is vital that the council and the Responsible Financial Officer are quite clear about their financial procedures, so that there is consistency and no suspicion of any impropriety.
A council cannot be effective in serving its local community unless the community has 100% confidence in the integrity of councillors and believes that all council decisions are taken solely for the benefit of the community. For this reason all councillors are required by law to abide by the council's Code of Conduct and are required to sign a Declaration to that effect when they take up office. In addition all councillors are required to enter their financial and other interests in a Register kept for this purpose and which is open to inspection by the general public.
Experience shows that the most effective and harmonious councils are those where the councillors and the clerk have:
a good grasp of the legal, procedural and community aspects of local council work;
a proper understanding of each others roles;
a chairman who chairs meetings well, provides leadership and is forward looking;
a clerk who is competent and adequately rewarded for the number of hours actually worked?
Perhaps just perhaps if a certain council contained a portion of the above they would not be looking at the bleak future they now find themselves in. I refer to a judgement that has been found in favour of a complaint made to Information Commissioners Office and there are the Audit issues that are contained in a comment to be found on the Flitwick Matter website
Posted by the Town Crier
1st September 2010
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Times and Citizen, 27 November 2008
Land swap would leave Flitwick Town Council 'out of pocket' claim
"I'm all in favour of a new leisure centre, but is Flitwick Town Council getting a fair deal, two fields for a prime piece of land". Quote attributed to D/Cllr S Mitchell.
Cllr Mitchell who has been connected with other fools errands, remember the Manor land and the Mill?
The council though as many will remember were happy to sell off other land (without first consulting the residents) to raise their ‘contribution’ towards the cost of the new centre yet they choose to ‘forget’ this underhanded financial deal which all councillors including the then District group of Flitwick agreed with. The possible truth behind the much needed sale was that the town council did not have the monies necessary to ‘Match’ the contribution. T C
“Continue”; -
The value of a piece of land has halted plans to build a new leisure centre in Flitwick.
Mid Beds District Council's executive heard last Wednesday that Flitwick Town Council wants more time to consider a land swap.
The district has its eye on town council-owned land in Steppingley Road, site of the current leisure centre, to build a replacement and in return it has offered the local town authority a larger site off Maulden Road, currently owned by Bedfordshire County Council. The district claims a new country park and badly-needed cemetery could be created there. But insiders have told the Times & Citizen that the land swap could leave Flitwick Town Council out of pocket, as the Maulden Road site may only be worth a maximum of £420,000, compared to £2.3 million for its Steppingley Road equivalent. Coun Stephen Mitchell, who sits on both councils, said: "The district council wants Flitwick to give it its crown jewels in return for a piece of land by the sewage works. On the face of it, this does not look a good deal.
Flitwick Town Council has requested time to allow for a full valuation of both pieces of land. Coun Philip Thompson, chairman of the sport, leisure and community facilities group, said: "The town council therefore relayed this to the district council, requesting a short period in which this could be done." But some district councillors were frustrated by the town council's "lack of decision" after Mid Beds committed £12 million towards a project which has already been delayed for more than a year. Coun Anita Lewis, Mid Beds portfolio holder for leisure, culture and safer communities, said: "I am so disappointed for the people of Flitwick that their town council have rejected our proposal to build this new leisure centre.
"We at Mid Beds are still committed to providing new and very much enhanced leisure facilities for residents in the west of the district, but progress on this will now be considerably delayed."
An exceptional meeting of Flitwick Town Council has been called on Thursday, December 11, by which time the valuation process will have been completed but Mid Beds says the project cannot now progress before April 1, and it will drop down the list of priorities for the new unitary Central Bedfordshire Council. END
The land mentioned above was tested some years earlier for its suitability as a possible burial ground and was found to be unfit, as not only is there the sewage works but there is also the problems of the national grid, gas supply pipes and heavy gauge drainage pipes that run across the entire site. Readers of this article should note the absence of any reference to the Football School of Excellence which was another aspiration of the town council.
The land opposite the Rufus Centre was tested and found to be ideal soil for a burial ground so quite possibly the land at the Rufus Centre, presently used as football pitches could be an ideal site for the new burial ground?
Many wondered how a town councillor could be elevated to the position of “Tsar” of the sport, leisure and community facilities group, only a few months after being co-opted to the council the answer is simple, the town council needed a “fall guy” if it all went pear shaped. It did!
Posted by the Town Crier
17th August 2010
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So Tony Blair will significantly reduce his tax bill by giving his profits from his book to help the Royal British Legion.
By handing over the reported £4.6 million advance to charity, his personal tax bill will be cut from £2.3 million, according to leading accountants Grant Thornton.
I wonder if this action will also reduce his conscience for the loss of life and limb to the many military personnel that due to his actions has brought misery to the many families involved.
It is said that he will still be out of pocket because the money he has already earned has gone to charity, does he really expect the people of this country to shed tears because of his demise, I think not. This is nothing more than he should be doing especially as he cut and ran when the difficulties started coming to the surface.
I wonder who will be next to pay penance for their actions as the bookies are sure to lay odds that it will be anyone of the MP’s who held onto their grubby seats at the last election!!
Posted by the Town Crier
16th August 2010
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Who will protect us now?
Many councils are sure to be clapping their hands in relief now that The Audit Commission is to be scrapped. To outsource this body I believe is wrong as once the private sector gets its hands on it then accountability and openess goes out of the window. Many councils have proved they are incapable of walking a straight line when it comes to public spending. The duty to appoint auditors to local government and NHS bodies is one of the Commission's core statutory functions in relation to audit. The fact that local government and NHS bodies do not appoint their own auditors helps to ensure that auditors are entirely independent and, just as important, are seen to be independent.
The Commission currently appoints auditors to:
433 local authorities
350 NHS bodies
38 police authorities
96 other 'principal' bodies, including fire and rescue authorities, national parks authorities and probation boards
9,700 local councils (parish and town councils)
Michael O'Higgins, the Commission's Chairman, said:
'The Audit Commission was set up by a Conservative Secretary of State in 1983, and I believe we have more than fulfilled Michael Heseltine's ambitions when he set it up.
It is of course the absolute right of the Secretary of State and Parliament to change the arrangements around the architecture of government, including abolishing the Commission.
While we obviously regret the decision, we can reflect upon the very significant successes that the Commission has had. In 1985-86 the commission led the investigation of the rate-capping rebellion which resulted in 32 Lambeth councillors and 47 Liverpool councillors being surcharged and banned from office. The gerrymandering 'homes for votes' scandal at Westminster Council was uncovered by the Audit Commission. In 2010 the commission carried out a corporate governance inspection of Doncaster Council in the light of "serious concerns about the council's performance and the threat to public confidence caused by recent events", being the brutal attack on two boys by two brothers in Edlington. Recently over £200 million of fraud has been detected through the National Fraud Initiative.
We have also had a role in assisting in the very significant impact of local authority improvement in the last decade. Ironically, it is this improved performance – as referred to by Decentralisation Minister Greg Clark, when he compared it favourably to central government’s performance – that has enabled ministers to have confidence in increasing local authority autonomy.
There are a range of options for the future of the audit practice, including sale, a management buyout, and the setting up of some sort of mutual organisation. Indeed the board of the AC mandated me last month to take soundings of potential purchasers, which has revealed significant interest in acquiring the Audit Commission’s business. I will be continuing with this process in the coming weeks, since the effective audit of local public services will need to continue, whether carried out by the Commission or by others.
It is critically important that during the coming period of uncertainty, and the transition period, that we ensure local accountability, and the accurate audit of public spending, is carried out effectively.
The Commission will continue to carry out this work effectively, and will ensure a smooth transition to the new arrangements.' As long as the new arrangement does not allow councils and MP’s to ‘inadvertently’ submit the wrong accounts…..?
Posted by the Town Crier
14th August 2010
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After reading the comment on Flitwick- Matters I think the heading should be Oh dear, Oh dear, Oh dear as it would appear that the town council needs a refresher course on their own Policy I am of course referring to the; Freedom of Information & Publication Scheme regarding Data Protection and Freedom of Information that is posted on the council’s website. To ensure the councillors are aware of it I have copied it below.
‘With the advent of the Freedom of Information Act 2000 the public has new rights to access information held by the Council. Under the Freedom of Information Act, it is the duty of every public authority to adopt and maintain a Publication Scheme. Publication Schemes facilitate the proactive release of information and play a crucial role in supporting and providing greater openness and transparency across the public sector, creating a better understanding of how public authorities carry out their duties, The Act enables individuals and organisations to find out what information exists and request copies of documents.
In line with s.20 of the Act the Information Commissioner has approved a new model publication scheme which has been adopted by Flitwick Town Council.
Classes of Information;
Who we are and what we do
What we spend and how we spend it
What our priorities are and how we are doing
How we make decisions
Our policies and procedures
Lists and registers
Services provided by the Council
The Council's Publication Scheme lists information that the Council already makes available, either electronically, or in hard copy. There may be a charge for certain information requested under the Freedom of Information Act and some information will be subject to Exemptions.
Requests for access to information under the Act must be made in writing to Head of Services
The Freedom of Information Act does not cover access to personal information held by the Council. For this, the Data Protection Act 1998 is the relevant legislation, and it allows the Council to hold and process personal data. The Council will only use the information you provide for its intended purpose. Nothing will be passed on to a third party for commercial use’.
The Clerk could be very busy answering questions on the seven classes listed above but let us not forget that is what the Clerk is paid to do, answer questions put forward by the residents. I would also advise the Chairman of the council to hone up on the duties that go hand in hand with the chain of office, as ignorance is not an excuse in the eyes of the law. It is very obvious that this council fails to fully understand the true meaning of this legislation and its implications. Unless they change their current practice of ignoring anything and anyone who attempts to point out their misgivings then they will certainly face a very costly and insecure future.
Posted by the Town Crier
12 August 2010
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I cannot be the only one who has stepped on the “path to nowhere”. I am at a loss as to why the surface is of a resin bonded type of which (a) cost a fortune, (b) one would expect to find in upmarket mown Parks and usually around the base of trees. The path leads from A to B is in direct sunshine and at the moment looks totally out of place in a field of overgrown grass littered with the remains of dog mess. It is noted that the contractors, I assume, when faced with a large amount of spoil looked around and found a suitable hollow to deposit it in. We have been constantly told that this field is a Grade11 listed “HistoricalGarden” so why should a feature, the hollow, be filled in. There is also a pile of concrete rubble that has been dumped in the long grass close to the path, which is just waiting for the unsuspecting visitor to stumble into. I also suggest the Park Rangers pay closer attention to the areas around the mature trees as they will find empty beer cans, cigarette packets and other detritus left by the unconcerned visitor. The mown path along the “lake” is in danger of leading the walker into the reeds and marsh close to where the path meets the wooded area it is obvious the lake area has been allowed to expand. There is a path to the right of this area that leads to a hedge; it is only on very close inspection that the visitors realise this is the pathway which replaced the infamous “Steps and Ramp”. It is a pity that it is not kept in good condition but it does fit in with the rest of area!
On the way out I could not help but wonder the purpose of the hideous fence that appears to stretch from the kissing gate behind the properties in Church Road as I do not remember ever seeing it when I rambled over this land 30 years ago, perhaps someone would enlighten me as to its true purpose?
Posted by the Town Crier
8th August 2010
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How many residents remember reading this quote: -
“Welcome to the first edition of News Central for 2010”.
“Central BedfordshireCouncil is working with Flitwick Town Council to improve the town in a range of
ways including better sports and leisure facilities, more activities for young people, and transforming the
town centre. The first phase to enhance the High Street and Station Roadhas involved restoring the town’s war memorial”.
The War Memorial was not restored it was the area around it and beyond it where the money was spent. Incidentally the Memorial is listed as being sited in Kings Roadwith two further memorials in the ParishChurch. How much of the £150,000 has been used is anyone’s guess because as we know the Flitwick council never inform the residents of any financial figures. The cost of the tribunal is a prime example.
The involvement of the Royal British Legion representatives concerns many as again those close to the then mayor would also have known he is the PRESIDENT of the organisation and as such should not have had any dealings with the council on this expensive matter. There is not any Declarations of Interest by the mayor at any of the meetings whose dates are listed below. Perhaps he would enlighten us as to why?
Is the £50,000 Burial Ground Grant the other half of the £100,000 awarded in the late 90’s. It was originally for a new burial ground and ten years on we are still waiting. The question to ask is “did the council receive it, if so where is it now or are they still waiting.
17th March 2009
(vi) Confirmation had been received from Mid Beds District Council that the £50,000 Burial
Ground grant would be carried forward to the new financial year and to the new authority,
Central Bedfordshire.
(vii) Mid Beds District Council were considering the £150,000 town centre partnership funding
bid at a meeting in the next couple of days, which would be used for High Street enhancements.
16th June 2009
(ix) The High Street Enhancement project was progressing and it was hoped to complete this by
the due date. There would be a meeting the following week to receive quotations for the works under consideration and discussions would then be undertaken with the Royal British Legion representatives.
17 July 2009
(v) The Town Council had placed orders for the upgrading of the War Memorial, this was part
of the High Street Enhancement works.
Posted by the Town Crier
5th August 2010