Minutes - 20 April 2010

BABERGH DISTRICT COUNCIL                                       ANNUAL COUNCIL MEETING

MINUTES OF THE ANNUAL MEETING OF THE BABERGH DISTRICT COUNCIL HELD IN THE COUNCIL CHAMBER, COUNCIL OFFICES, CORKS LANE, HADLEIGH ON TUESDAY, 20 APRIL 2010

PRESENT:          Ms J A Jenkins – In the Chair

The following Members were unable to be present:- Mr C W Arthey, Mr N A Bennett,  Mr D G Grutchfield, Mr L S Johnson, Mrs C A Todd and Mr H N Todd.

The proceedings were opened with a short prayer for those Members who had chosen to participate.

1 - Election of Chairman
2 - Election of Vice-Chairman
3 - Minutes
4 - Declaration of Interests
5 - Chairman's Announcement
6 - Petitions
7 - Recommendations and Reports from Committees
8 - Questions from the Public
9 - Questions from Members
10 - Annual Report of the Overview and Scrutiny (Stewardship) Committee
11 - Annual Report of the Overview and Scrutiny (Community Services) Committee
12 - Annual Report of the Standards Committee
13 - Political Balance and Composition of Committees
14 - Appointment of Substitutes - Council Procedure Rule No.5
15 - Election of Chairmen of Committees
16 - Task Groups and Panels - (A) Appointment of Members and (B) Annual Reports
17 - Representation of Outside Bodies and Partnerships
18 - Exclusion of Public (Which Term Includes the Press)
19 - Shared Revenues and Benefits Service (Exempt information by virtue of paragraph 3 of Part 1)
20 - Recommendations and Reports from Committees 

1        ELECTION OF CHAIRMAN

It was proposed and seconded that Mr D L Wood be elected Chairman of the Council for the ensuing year.

RESOLVED

That Mr D L Wood be elected Chairman of the Council for the ensuing year.

Ms J A Jenkins vacated the Chair and Mr D L Wood thereupon made his declaration of acceptance of office and presided over the meeting.

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2          ELECTION OF VICE-CHAIRMAN

It was proposed and seconded that Mr G S White be elected Vice-Chairman of the Council for the ensuing year.

RESOLVED

That Mr G S White be elected Vice-Chairman of the Council for the ensuing year.

Mr G S White thereupon made his declaration of acceptance of office.

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3          MINUTES

RESOLVED

That the Minutes of the meeting held on 23 February 2010 be confirmed and signed as a correct record.

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4          DECLARATION OF INTERESTS

Mrs K Saward, Solicitor to the Council, informed the meeting that all Members had an interest in respect of the item referred to in Minute No. 7 (b) below, by reason of their well-being being affected by a decision of the Council to provide an indemnity for all Members.

Mr D L Wood subsequently declared a personal interest in the item referred to in Minute No. 17 below by virtue of being a Member of the Suffolk Police Authority. 

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5          CHAIRMAN’S ANNOUNCEMENTS

Civic Reception

The Chairman informed Members that the Chairman’s Reception is to take place on the evening of Friday, 16 July at Stoke by Nayland Golf Club.

Tasia Kavvadias

The Chairman welcomed Tasia Kavvadias, a co-opted Member of the Standards Committee, to the meeting.

Great Mile Swim

The Chairman informed the meeting that he would be taking part in the Great Mile Swim at Alton Water Reservoir on Saturday 19 June 2010 and his nominated charities would be Sue Ryder Care (The Chantry) and the Fire Fighters Charity.

Change to Order of Agenda

The Chairman informed the meeting that to assist with the deliberation of business, the confidential item referred to in Minute No. 19 below relating to the Shared Revenues and Benefits Services would be held before the Part I item on the same matter.

6          PETITIONS

None received.

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7          RECOMMENDATIONS AND REPORTS FROM COMMITTEES

(a)       Review of Governance Arrangements (Overview and Scrutiny (Stewardship) Committee Minute No. 74)

Mr D M Busby, Chairman of the Constitution Review Task Group, introduced this item.

It was noted that:-

·      Appendix 1 to Paper J208 - The fifth bullet point of page 2 - the words “within the Pathfinder process” should be deleted.

·      Appendix 3 to Paper J208 - Key Stage No. 10 – the Overview and Scrutiny (Stewardship) Committee had agreed that the outcome of the consultation exercise would be reported direct to Council.

·      Appendix 3 to Paper J208 - Key Stage No. 15 - an additional meeting of Council may be required in November 2010 as a result of the outcome of any consultation exercise.

RESOLVED

(1)       That the constitutional review should continue with a view to a possible move to executive arrangements.

(2)       That in furtherance of the constitutional review, the Council proceeds to undertake the public consultation exercise required pursuant to the Local Government and Public Involvement in Health Act 2007 in the form and manner recommended by the Constitution Review Task Group, and in particular:

·    the means of consultation set out at paragraph 5.17 be approved

·    the list of key stakeholders to be consulted shown at Appendix 2 be approved

·    the period of consultation be fixed at 8 weeks.

(3)       That authority be delegated to the Chief Executive in consultation with the Chairman of the Council to finalise the Consultation Document.

(4)       That a sum up to £5,000 be made available from the £25,000 sum allocated for Local Government Review/Shared Services provision to undertake the consultation exercise.

(5)       That following the public consultation exercise further reports from the Constitution Review Task Group be made direct to Council.

(b)    Indemnities for Members and Officers (Standards Committee)

RESOLVED

That the Council indemnifies each of its Members (including co-opted members) and officers in the Terms set out in Appendix 1 to Paper J218 and the Director of Corporate Services be authorised to make any modifications as may from time to time be necessary.

(c)    Treasury Management (Strategy Committee)

During consideration of this matter, an amendment was proposed and seconded that the Italian and Spanish banks referred to in Appendix 4 of Paper J232 should be deleted from the list that the Council would be able to lend to.  Upon being put the vote, this amendment was lost.

RESOLVED

(1)       That the 2009 CIPFA Treasury Management in the Public Services: Code of Practice be adopted.

(2)       That the Council’s Constitution be updated to reflect the changes to financial regulations as set out in Appendix 3 to Paper J232, including the nomination of the Overview and Scrutiny (Stewardship) Committee to be responsible for the effective scrutiny of the Council’s Treasury Management Strategy and Policies.

(3)       That the proposed Treasury Management Strategy for 2010/11, including the Policy Statement and the annual investment strategy as set out in Appendix 2 to Paper J232, be approved.

(d)        Report of the Babergh District Council and Mid Suffolk District Council Joint Member Integration and Merger Review Board (Strategy Committee)

During consideration of this item an amendment was proposed and seconded that in relation to Recommendation 10, the words “supported in principle” should be deleted and replaced with the word “investigated”.  Upon being put to the vote, this amendment was lost.

RESOLVED

(1)       That value for money for Council Tax payers be confirmed as the paramount objective, and that both Councils seek to achieve through any programme of integration a jointly agreed balance between financial savings and future resilience in all aspects of service delivery.

(2)       That the business case to support joint decision-making arising from this review be developed as soon as possible.

(3)       That, in parallel with the development of the business case, a clear project plan for the achievement of full managerial and operational merger by April 2011 and for exploring the option of constitutional merger be jointly developed.

(4)       That both Councils agree to commit the necessary human resources to support this review; to provide any necessary financial support within the budgetary constraints of each Council, and to explore all possible sources of external funding support for this review, including an application for Improvement East funding as soon as possible.

(5)       That a joint strategy and protocol for internal communication with Members and staff be developed immediately.

(6)       That a joint approach to media handling be adopted, and that any draft joint statements be agreed with the Chairman of Babergh’s Strategy Committee and Mid Suffolk’s Council Leader and shared with the Joint Board before publication.

(7)       That, provided the business case supports operational and managerial integration by April 2011, the provisional aim should be to have a single Chief Executive in place by the beginning of March 2011 through an internal and external recruitment process commencing around October 2010.

(8)       That a Human Resources (HR) work stream for this review be established as soon as possible.

(9)       That, to support future joint decision-making, the two Councils work closely together during 2010 to achieve as much constitutional similarity as possible from the constitutional review that each is undertaking.

(10)     That the concept of a constitutional merger to create a new single Council be supported in principle and that this option be fully explored with a view to achieving the earliest practicable implementation if this ultimately agreed as the best way forward.

(11)     That the need for both internal and external consultation be identified and acted upon as part of planning the various work streams for this review and, in particular, that careful consideration be given to the planning and management of any public consultation arising from recommendations (8) and (9) above to avoid public confusion and to secure as broad an understanding as possible of what the two Councils are seeking to achieve through any proposed changes.

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8          QUESTIONS FROM THE PUBLIC

None received.

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9          QUESTIONS FROM MEMBERS

None received.

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10        ANNUAL REPORT OF THE OVERVIEW AND SCRUTINY (STEWARDSHIP) COMMITTEE

Mr D M Busby, Chairman of the Overview and Scrutiny (Stewardship) Committee, presented the Committee’s Annual Report (Paper K2).

RESOLVED

(1)       That the Annual Report of the Overview and Scrutiny (Stewardship) Committee for 2009/10 as set out in Appendix 1 to Paper K2 be noted.

(2)       That the Committee Work Plan for 2010/11 as set out in Appendix 2 to Paper K2 be approved.

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11        ANNUAL REPORT OF THE OVERVIEW AND SCRUTINY (COMMUNITY SERVICES) COMMITTEE

Mr J A B Long, Chairman of the Overview and Scrutiny (Community Services) Committee presented the Committee’s Annual Report (Paper K3).

During consideration of this item it was agreed that an item on the work undertaken by the Suffolk County Health Overview and Scrutiny Committee should be included within the work programme for 2010/11.

RESOLVED

(1)       That the Annual Report of the Overview and Scrutiny (Community Services) Committee as set out in Appendix 1 to Paper K3 be noted.

(2)       That the Committee Work plan for 2010/11 as set out in Appendix 2 to Paper K3 be approved, subject to the inclusion of an item, at an appropriate meeting, relating to work undertaken by the Suffolk County Health Overview and Scrutiny Committee.

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12        ANNUAL REPORT OF THE STANDARDS COMMITTEE

Mrs K Saward, Solicitor to the Council, presented the Standard Committee’s Annual Report (Paper K4).

RESOLVED

That the Annual Report of the Standards Committee for 2009/10 as set out in Paper K4 be noted.

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13        POLITICAL BALANCE AND COMPOSITION OF COMMITTEES

The Director of Corporate Services submitted a report (Paper K5) relating to the Council’s duty to review the allocation of seats to Political Groups and to approve the composition of its Committees.

Members were aware that the names of the Committee Members listed in Appendix 2 of Paper K5 had been notified by the Group Leaders.

RESOLVED

(1)       That the Committee sizes and numerical allocation of seats be approved as set out below:- 

(2)       That the ungrouped Member, Mr C W Arthey, be appointed to serve on the Development Committee.

(3)        That the composition of Committees be allocated as set out below:-

STRATEGY COMMITTEE

OVERVIEW AND SCRUTINY (STEWARDSHIP) COMMITTEE

OVERVIEW AND SCRUTINY (COMMUNITY SERVICES) COMMITTEE

DEVELOPMENT COMMITTEE

LICENSING AND APPEALS COMMITTEE

HADLEIGH AND DISTRICT SWIMMING POOL TRUST COMMITTEE

STANDARDS COMMITTEE

Representatives                             Co-opted Members

S P Clarke                                        Miss P F Cook      (until 28.2.2014)

P Jones                                             Mr P J Down         (until 30.6.2012)

R E Kemp                                         Mr R L Feltwell     (until 25.3.2012)

A F D W Osborne                            Mr A George          (until 14.12.2013)

                                                           Mrs T Kavvadias (until 14.5.2012)

                                                           Mr J G Watson      (until 30.9.2011)

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14        APPOINTMENT OF SUBSTITUTES – COUNCIL PROCEDURE RULE NO. 5

The Director of Corporate Services submitted a report (Paper K6) setting out details of substitutes proposed to be appointed under Council Procedure Rule No. 5.

RESOLVED

That substitutes be approved as set out below:-

STRATEGY COMMITTEE

OVERVIEW AND SCRUTINY (STEWARDSHIP) COMMITTEE

OVERVIEW AND SCRUTINY (COMMUNITY SERVICES) COMMITTEE

DEVELOPMENT COMMITTEE

HADLEIGH AND DISTRICT SWIMMING POOL TRUST COMMITTEE

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15        ELECTION OF CHAIRMEN OF COMMITTEES

It was noted that the Standards Committee at its meeting on 7 April 2010 had appointed Mr J G Watson as its Chairman.

RESOLVED

(1)               That Mr N A Ridley be elected Chairman of the Strategy Committee for the ensuing year.

(2)               That Mr D M Busby be elected Chairman of the Overview and Scrutiny (Stewardship) Committee for the ensuing year.

(3)               That Mr J A B Long be elected Chairman of the Overview and Scrutiny (Community Services) Committee for the ensuing year.

(4)               That Mr R W Thake be elected Chairman of the Development Committee for the ensuing year.

(5)        That Mr B L Lazenby be elected Chairman of the Licensing and Appeals Committee for the ensuing year.

(6)        That Mr D H Keane be elected Chairman of the Hadleigh and District Swimming Pool Trust Committee for the ensuing year.

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16        TASK GROUPS AND PANELS – (A) APPOINTMENT OF MEMBERS AND (B) ANNUAL REPORTS

The Director of Corporate Services submitted a report (Paper K7) requesting the Council to consider appointing Members to serve on Task Groups/Panels, to note the progress of the Work Plans for 2009/10 (Appendix 1) and to approve their Work Plans 2010/11 (Appendix 2).

RESOLVED

(1)       That the following Task Groups/Panels continue for 2010/11 and that Members be appointed to serve on them as set out below:-

(a)       Human Resources Panel – comprising five Members and to be politically representative wherever possible:-               

(b)       Substitutes for Staff Joint Consultative Committee (2):

(c)       Pin Mill Task Group (5)

(d)       Village of the Year Awards Panel (4)

(e)       Housing Panel (5)

(f)        Procurement Task Group (5)

(g)       Information Management Task Group (5)       

(h)       Strategic and Financial Planning Task Group (6)              

(2)       That the progress of the Task Groups/Panels during 2009/10 as outlined in Appendix 1 be noted.

(3)       That the proposed Work Plans for the Task Groups/Panels for 2010/11 as set out in Appendix 2 be approved.

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17        REPRESENTATION OF OUTSIDE BODIES AND PARTNERSHIPS

The Director of Corporate Services presented Paper K8 updating Members on the current representation, including appointments made since May 2009, together with details of reporting back by representatives (Appendix 1 refers).  Details of further information received, on both the reporting back arrangements and further updates relating to indemnification, were reported to the meeting.

The meeting was also requested to consider appointment of representatives to:-

            Suffolk Community Reference Group

            Association for Suffolk Museums

            Gainsborough’s House Society Board of Governors

            Sudbury and District CAB

            Suffolk Rail Policy Group

            Sudbury Upper School Dual Use Sports Centre Management Committee

            Community Safety Partnership Responsible Authorities Group.

RESOLVED

(1)       That the information contained in Appendix 1 to Paper K8, as updated at the meeting, be noted.

(2)       That Mrs J Antill be appointed as the Council’s representative on the Suffolk Community Reference Group for the remainder of the current term of office.

(3)       That Mrs S M Wigglesworth be appointed as the Council’s representative on the Association for Suffolk Museums for the remainder of the current term of office.

(4)       That Mrs S M Wigglesworth be appointed as the Council’s representative on the Gainsborough’s House Society Board of Governors for the remainder of the current term of office.

(5)       That Mr R W Thake be appointed as the Council’s representative on the Sudbury and District CAB for the remainder of the current term of office.

(6)       That Mr L H Young be appointed as the Council’s representative on the Suffolk Rail Policy Group for the remainder of the current term of office.

(7)       That Mr R W Thake be appointed as the Council’s representative on the Sudbury Upper School Dual Use Sports Centre Management Committee for the remainder of the current term of office.

(8)       That Mrs J Antill be appointed as the Council’s representative on the Community Safety Partnership Responsible Authorities Group for the remainder of the current term of office.

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18        EXCLUSION OF PUBLIC (WHICH TERM INCLUDES THE PRESS)

RESOLVED

That pursuant to Part 1 of Schedule 12A of the Local Government Act 1972, the public be excluded from the meeting for the business specified below on the grounds that if the public were present during these items, it is likely that there would be the disclosure to them of exempt information as indicated against the items.

The Committee was also satisfied that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

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19        SHARED REVENUES AND BENEFITS SERVICE (Exempt information by virtue of paragraph 3 of Part 1)

Members considered the Business Case for the Shared Revenues and Benefits Service (Paper J222A) prior to their consideration of the recommendations set out in Paper J222.

Paper J222A was introduced by Mr N A Ridley, Chairman of the Strategy Committee.

At this point the public and press were re-admitted to the meeting.

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20          RECOMMENDATIONS AND REPORT FROM COMMITTEES

Shared Revenues and Benefits Service (Strategy Committee)

Mr N A Ridley, Chairman of Strategy Committee introduced Paper J222 relating to a proposal for a shared revenues and benefits service. 

Members in considering the recommendations set out in paragraph 2 of the report took into account the information supplied in the detailed Business Case (Paper J222A).

RESOLVED

(1)               That the Council continues its collaboration with Ipswich Borough Council, St Edmundsbury Borough Council and Mid Suffolk District Council to form a shared Revenues and Benefits service.

(2)               That Option 1 as set out in the Executive Summary of the Business Case be developed into an implementation plan.  Further, that it be recognised that there is enough merit in Option 1a for this to be considered further if Anglia Revenue Partnership (ARP) and the other partner Councils support the development of that option.

(3)               That, in the event that one or more of the partner Councils does not support the preferences set out in the recommendation above, then authority be given to the Director of Finance, in consultation with the Chairman of Strategy Committee, Chief Executive and Monitoring Officer, to develop an appropriate implementation plan for a shared Revenues and Benefits service with one or more of the other partner Councils.

(4)               That Councillors Michael Miller and John Hinton, in conjunction with the Chief Executive, represent the Council on the Members and Chief Executives workstream and at any meetings associated with the development of the implementation plan.

(5)               That the development of the implementation plan be overseen by the Procurement Task Group.

(6)               That staff be deployed as appropriate to enable the development of an implementation plan in collaboration with staff from partner authorities.

(7)               That on completion of the implementation plan the Procurement Task Group be requested to produce a further report to Strategy Committee on 17 June 2010 setting out its recommendations for a final decision on the proposed partnership.

Note:   The meeting adjourned between 11.10 a.m. and 11.30 a.m. for refreshments.

The business of the meeting was concluded at 12.55 p.m.

                                                                                     ...............................................................                                                                                             Chairman