BABERGH DISTRICT COUNCIL
COUNCIL MEETING
MINUTES OF A MEETING OF THE BABERGH DISTRICT COUNCIL HELD IN THE COUNCIL CHAMBER, COUNCIL OFFICES, CORKS LANE, HADLEIGH ON TUESDAY, 28 SEPTEMBER 2010
Mr D L Wood – Chairman
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Mrs J Antill
Mr C W Arthey
Mr A C Bavington
Mr P K Beer
Mr N A Bennett
Mr M P Booth
Mr D M Busby
Mrs S Carpendale
Mrs S P Clarke
Mr P G Gibson
Mr D G Grutchfield
Mr A J Hinton
Mr P J Holbrook
Mr B D Hurren
Ms J A Jenkins
Mr L S Johnson
Mr P Jones |
Mr B L Lazenby
Mr J A B Long
Dr M R Miller
Mrs M O Munson
Mr M Newman
Mr A F D W Osborne
Mr N A Ridley
Mr B Riley
Mr C A Roberts
Mr D C Rose
Mr J R A Sayers
Mr R C Smith
Mr R W Thake
Mr A J Ward
Mr G S White
Mrs S M Wigglesworth |
The following Members were unable to be present:- Mr J C Brand, Mr J R B Cave, Mr D H Keane, Mr R E Kemp, Mr C M Spence, Mr H N Todd, Mr D M Walton, Mr R Whiting and Mr L H Young.
The proceedings were opened with a short Prayer for those Members who had chosen to participate.
Quick Links
52 Minutes
53 Declaration of Interests
54 Chairman's Announcements
55 Petitions
56 Recommendations and Reports from Committee
(a) Babergh and Mid Suffolk Joint Member Integration and Merger Review Board
(b) Shared Revenues Partnership (Strategy Committee Minute No. 53)
57 Recommendations and Reports from Task Groups/Panels
58 Questions from the Public
59 Questions from Members
60 Auditor's Annual Governance Report
61 Revisions of Policy concerning the Council's Activities under the Regulation of Investigatory Powers Act 2000
62 Proper Officer Provisions
63 Appointment of Members
(a) Waste Management Project Board
(b) Efficiencies and Procurement Champion
64 Exclusion of the Public (which term includes the press)
65 Employment Advice - Appointment of a Single Chief Executive
Appendix
RESOLVED
That the Minutes of the meeting held on 31 August 2010 be confirmed and signed as a correct record.
None declared.
The Chairman referred to Paper K106 outlining events attended by the Chairman and Vice-Chairman of the Council since the last meeting.
In accordance with Council Procedure Rule No. 13, the receipt by the Chief Executive of a petition was noted as detailed below:-
Application No. B/10/00796, Construction of Retail Store, Business Units and 21 Dwellings, 2-4 Brook Street, Glemsford
Petition signed by approximately 420 persons strongly opposing the above planning application at the former Downs factory site.
The petition will be taken into account when the planning application is determined by a future meeting of the Development Committee.
Mr N A Ridley in introducing this item referred to Paper K88 considered by the Strategy Committee at its meeting on 16 September 2010 and also referred to Paper K88A by the Chief Executive circulated since the Agenda had been dispatched which advised Members of the outcomes of further enquiries with the Department of Communities and Local Government (CLG) in relation to:-
(i) the possible timing of the creation of a new Council.
(ii) the possible deferral of the 2011 District Elections, on an assumed implementation date of 2012 for the creation of a new Council.
The Chairman of the Strategy Committee then proposed approval of the recommendations of the Strategy Committee, subject to Recommendation (7) being deleted due to the additional information received from the CLG. This proposal was duly seconded.
An amendment was then proposed and seconded that Recommendation (4) be amended to:-
“That a further report and recommendations be submitted to both Councils as soon as practicable, seeking endorsement of the proposed detailed approach and timetable for moving towards a single Council, subject to referendum, from April/May 2013.”
Upon being put to the vote, this amendment was carried.
A further amendment was then proposed and seconded that Recommendation (1) should be amended to:-
“That the principle of a creation of a full single Council should be deferred pending a full independent examination of the Business Case.”
Upon being put to the vote, this amendment was lost.
A further amendment was moved and seconded that Recommendation (2) should be amended to:-
“That further detailed work be undertaken on the transitional arrangements, including independent valuation of the financial assumptions in the Business Case and the necessary preparatory work for a public referendum in May 2011 working with the Boundary Commission and other stakeholders.”
Upon being put to the vote, this amendment was lost.
The meeting then returned to the substantive motion (contained in the resolutions below) and this was approved.
RESOLVED
(1) That the principle of the creation of a new single Council be endorsed as the preferred way forward and communicated to stakeholders.
(2) That further detailed work be undertaken on the transitional arrangements, including the necessary preparatory work for a public referendum in May 2011.
(3) That the process of integrating the staff of both Councils into a single management and staffing structure be continued as assumed in the business case in this transitional period.
(4) That a further report and recommendations be submitted to both Councils as soon as practicable, seeking endorsement of the proposed detailed approach and timetable for moving towards a single Council, subject to referendum, from April/May 2013.
(5) That the report referred to in (4) above include the recommended process and timing for instigating the recruitment of a single Chief Executive and, if necessary, appropriate interim arrangements to provide adequate leadership to the process of staff integration prior to the start date of the Chief Executive’s appointment.
(6) That the two staff related documents “Consultation Framework for Matters Affecting Staff, August 2010”, and the “Vacancy and Post Management Protocol for Integration, August 2010” (attached to the Detailed Business Case as Appendix 11) be endorsed to support the necessary changes.
RESOLVED
That Council:
(1) Approves the business case for the Shared Revenues Partnership (SRP) presented in Paper K93.
(2) Approves the Implementation Plan for the SRP as set out in Paper K93.
(3) Approves the financial implications as set out in section 3 of Paper K93.
(4) Agrees to the establishment of the Shared Revenues Partnership (SRP) between Ipswich Borough Council, Babergh District Council and Mid Suffolk District Council.
(5) Approves entering into a Partnership Agreement between Ipswich Borough Council, Babergh District Council and Mid Suffolk District Council to commence the SRP from 1 April 2011.
(6) Authorises the Director of Finance, in consultation with the Solicitor to the Council, to conclude the Partnership Agreement in accordance with the Heads of Terms set out in Appendix 3 of Paper K93.
(7) Authorises the establishment of and participation in the SRP Joint Committee and in respect of the Council functions, as referred to in the Heads of Terms set out in Appendix 3 of Paper K93, delegates its functions to the Joint Committee with effect from the execution of the Partnership Agreement.
(8) Authorises the Monitoring Officer to make consequential amendments to the Council’s Constitution.
(9) Agrees to the appointment of two Strategy Members to the SRP Joint Committee. Further that the appointments be made as follows:-
Mr A J Hinton (substitute Member – Ms J A Jenkins)
Dr M R Miller (substitute Member – Mr N A Bennett)
(10) Notes that the above decisions are subject to similar resolutions being approved by the other partner authorities involved in the Partnership.
Mr N A Ridley, a Member of the Constitution Review Task Group, referred to Paper K86 on whether to move to a Leader and Cabinet Executive, but advised that in the light of the decision taken as referred to in Minute No. 56 (a) above towards the creation of a new single Council, then any changes to Babergh’s own Constitution should not be pursued further at this time.
RESOLVED
(1) That no further action be taken on this matter, subject to Mid Suffolk District Council also agreeing at its Council meeting on 30 September to pursue the creation of a single Council.
(2) That in the event of the creation of a single Council not proceeding at Mid Suffolk, a proposals document setting out the main features of possible Leader and Cabinet Executive arrangements for Babergh District Council with effect from May 2011 be brought to Council for consideration at its meeting on 19 October 2010.
None received.
See Appendix attached for questions asked by Councillor Brian Riley to the Chairman of the Strategy Committee, together with replies.
The Director of Finance reported that the External Auditor’s Annual Governance Report (AGR) was considered by the Overview and Scrutiny (Stewardship) Committee on 21 September 2010 (Paper K99 refers). This covers the Statement of Accounts for 2009/10, the Council’s performance on Use of Resources (now scrapped by the Audit Commission) and Value for Money, Data Quality, the adequacy of the Council’s key financial systems and internal control arrangements.
In relation to the Statement of Accounts, the Auditor has reported that, subject to satisfactory completion of some outstanding work, PKF anticipates issuing an unqualified ‘true and fair’ opinion and that:
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No material misstatements were identified
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There has been a significant improvement in the quality of supporting working papers
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The draft accounts were of good quality
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There have been some amendments made to the financial statements, which largely relate to the cash flow statement
In relation to the other aspects of the AGR, it is also indicated that:
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The key financial systems are generally adequate as a basis for preparing the financial statements
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On Use of Resources, which feeds into the Auditor’s Value for Money conclusion, work undertaken this year found that the Council had made very significant improvements in the year in key areas
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As a result, it has been concluded that the Council has adequate arrangements in place against the value for money criteria published by the Audit Commission and the Auditor anticipates issuing an unqualified value for money conclusion
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Data Quality - Further progress made during 2010.
RESOLVED
That the position and the improvements achieved be noted.
The Director of Corporate Services introduced Paper K107 outlining a revised policy which aligns Babergh District Council’s existing policy on surveillance activities under the Regulation of Investigatory Powers Act 2000 (RIPA) with the policy of Mid Suffolk District Council to produce a joint corporate policy.
Paper K107R, which had been circulated prior to the meeting, was also referred to which updated the recommendation referred to in this matter.
RESOLVED
(1) That the “RIPA” Policy appended to Paper K107 be adopted with immediate effect and the Director of Corporate Services be authorised to make minor amendments as may from time to time be necessary.
(2) That the Overview and Scrutiny (Stewardship) Committee be designated as the Committee responsible for:-
(a) review of the “RIPA” Policy and making recommendations to Council as appropriate and
(b) monitoring the exercise of powers pursuant to the Policy.
The Head of Natural and Built Environment submitted a report (Paper K109) requesting approval to appoint a Proper Officer responsible for health protection for the purposes of those functions introduced by amendments to the Public Health (Control of Disease) Act 1984.
RESOLVED
(1) That the Consultant in Communicable Disease Control for Suffolk (CCDC) be appointed as Proper Officer wherever referenced or specified in the Public Health (Control of Disease) Act 1984 and any subordinate Regulations or Orders.
(2) That the Head of Natural and Built Environment, and any deputising officer authorised by him/her, additionally be Proper Officers for the purposes of sections 61 and 62 of the Public Health (Control of Disease) Act 1984.
(3) That the Director of Corporate Services be authorised to update the Proper Officer Provisions contained within Part 3 of the Constitution to reflect (1) and (2) above.
The Director of Corporate Services reported that Humphrey Todd has indicated that he wishes to step down as the Council’s representative on the Waste Management Project Board which has a monitoring role on the Joint Waste Contract.
The meeting was asked to consider appointing a representative for the remainder of the current term of office.
RESOLVED
That Mr C W Arthey be appointed as the Council’s representative on the Waste Management Project Board for the remainder of the current term of office.
The Director of Corporate Services reported that Humphrey Todd has indicated that he wishes to step down from his role as Efficiencies and Procurement Champion.
The meeting was asked to appoint an Efficiencies and Procurement Champion for the remainder of the current term of office.
RESOLVED
That Dr M R Miller be appointed as the Efficiencies and Procurement Champion for the remainder of the current term of office.
At this point, the meeting adjourned for lunch at 12.55 p.m. and resumed at 1.30 p.m. when the following Members were present:-
Mr D L Wood – Chairman
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Mrs J Antill
Mr C W Arthey
Mr M P Booth
Mr D M Busby
Mrs S Carpendale
Mrs S P Clarke
Mr P G Gibson
Mr D G Grutchfield
Mr A J Hinton
Mr P J Holbrook
Mr B D Hurren
Ms J A Jenkins
Mr L S Johnson |
Mr B L Lazenby
Mr J A B Long
Dr M R Miller
Mrs M O Munson
Mr N A Ridley
Mr B Riley
Mr C A Roberts
Mr D C Rose
Mr J R A Sayers
Mr R W Thake
Mr A J Ward
Mr G S White
Mrs S M Wigglesworth |
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 this item it was likely that there would be the disclosure to them of exempt information as indicated against the item.
The Council was satisfied that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.
The Minute relating to the above mentioned item is excluded from the public record. A summary of the Minute made by the Proper Officer in accordance with sub-section 2 of Section 100(c) of the Local Government Act 1972 is set out below.
Members had before them Paper K92 (including Appendices 1-3) – the report submitted by the Legal/HR Workstream to the meeting of the Babergh and Mid Suffolk Joint Member Integration and Merger Review Board held on 7 September 2010. Members were aware that Strategy Committee had not endorsed the recommendations but their recommendations were outlined in Paper K108.
Circulated at the meeting was Paper K108A which contained further employment law advice obtained from Prettys, Solicitors.
After a lengthy discussion, Council did not accept the recommendations as set out in (1) and (2) of Paper K108 but resolved alternative resolutions. Recommendation (3) was accepted.
Mr M P Booth, Mr D M Busby, Mr B D Hurren, Mr B L Lazenby and Mr R W Thake voted against the decisions referred to above and requested that this be recorded in the Minutes.
Note: The meeting was adjourned between 11.10 a.m. and 11.40 a.m. for refreshments.
The business of the meeting was concluded at 4.00 p.m.
Chairman
MINUTE NO. 59 – QUESTIONS FROM MEMBERS
QUESTIONS FROM COUNCILLOR BRIAN RILEY TO CHAIRMAN OF STRATEGY COMMITTEE
QUESTION ONE
In respect of Paragraph 1.24 of Appendix A of Paper K65(A) submitted to Strategy Committee on 29 July, how will the 54% one person households be accommodated within the plans?
Reply from the Chairman of Strategy Committee
The basic draft Growth consultation plan document as it is at this stage cannot and does not yet go into detailed proposals for meeting any particular level or element of future housing needs. However, national planning policy already states that developers should bring forward proposals for (market) housing that reflect demand and the profile of households requiring that (market) housing. National planning policy also states that planning authorities should prepare local planning documents that set out:
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The likely profile of household types requiring market housing eg multi-person, including families and children (x%), single persons (y%), couples (z%).
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The size and type of affordable housing required.
It can therefore be envisaged that we will aim to agree, if at all possible, local planning policies for Babergh in future that meet these above requirements
Supplementary question
Would you not agree that it would have been nice for that (your explanation) to have been included in the original paper in the interests of clarity?
Reply from the Chairman of Strategy Committee
We will attempt to make future documents clearer.
QUESTION TWO
In respect of Paragraph 2.5 of Appendix A of Paper K65(A) submitted to Strategy Committee on 29 July what is a "locally derived area"?
Reply from the Chairman of Strategy Committee
This text was trying to stress the ‘local’ nature of the Haven Gateway sub-region and the fact that the economic profile is locally derived (i.e. the component authorities of the HGP do their own economic profiling and EERA used our locally derived economic information). This part of the sentence is shorthand for “the Haven Gateway is not a spurious sub-region decided by remote civil servants but rather it is a local creation based on the economic profile of the authorities that comprise the HG area.”
QUESTION THREE
In respect of Paragraph 2.5 of Appendix A of Paper K65(A) submitted to Strategy Committee on 29 July what is the significance to Babergh of being a "locally derived area"?
Reply from the Chairman of Strategy Committee
The significance of this to Babergh is largely through the fact that Babergh is part of the Haven Gateway sub-region (and the value of the evidence-base supplied by the HG local authorities to EERA to form the draft policies in the Regional Plan applicable to this sub-region). Also, the district benefits from being part of the HG sub region, through a range of joint initiatives, such as access to regeneration funds. The fact that the RSS has been abolished doesn’t alter the evidence mentioned previously. That evidence shows us the strong economic sectors in the area, and how we can benefit from working with our neighbours to provide new jobs for Babergh residents, and that we need to provide sites for locally based companies and companies that want to locate to this area, i.e. south Suffolk/A14/eastern Essex/A12.
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