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MINUTES
To confirm and sign the Minutes of the meeting held on 31 August 2010 as a correct record. |
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DECLARATION OF INTERESTS
Members to declare any interest as appropriate in respect of items to be considered at this meeting. |
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APOLOGIES FOR ABSENCE
To receive apologies for absence. |
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Paper
K106 |
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CHAIRMAN’S ANNOUNCEMENTS
In addition to any announcements made at the meeting please see Paper K106 attached detailing events attended by the Chairman of the Council. |
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TO RECEIVE NOTIFICATION OF PETITIONS IN ACCORDANCE WITH COUNCIL PROCEDURE RULE NO. 13
In accordance with Council Procedure Rule No. 13, the Chief Executive will report the receipt of the petition as detailed below. There can be no debate or comment upon this matter at the Council meeting.
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. |
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Paper K88 previously circulated
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RECOMMENDATIONS AND REPORTS FROM COMMITTEES
(a) Babergh and Mid Suffolk Joint Member Integration and Merger Review Board – Detailed Business Case (Strategy Committee)
The Strategy Committee at its meeting on 16 September 2010 considered Paper K88 and approved the recommendations contained in the report.
RECOMMENDED TO COUNCIL
(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 from April/May 2012.
(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.
(7) That the Secretary of State for Communities and Local Government be informed of the decision of the two Councils with a view to seeking suspension of the May 2011 District elections in Babergh and Mid Suffolk, on the grounds that both Councils, subject to a local referendum, are committed in principle to the creation of a new single Council from April 2012.
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Paper
K93
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(b) Shared Revenues Partnership (Strategy Committee)
The Strategy Committee at its meeting on 16 September 2010 considered Paper K93 and approved the recommendations contained in the report subject to Recommendation 2.3 being amended to read “section 3” and not “section 10”.
In accordance with Recommendation 2.9 the Council will be requested to appoint two Members (from Strategy Committee) to the SRP Joint Committee, together with substitute Members, as provided for in the Joint Committee’s terms of reference.
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RECOMMENDED TO COUNCIL
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.
(10) Notes that the above decisions are subject to similar resolutions being approved by the other partner authorities involved in the Partnership.
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Further, that Strategy Committee RECOMMENDS in relation to (9) above that appointments be made as follows:
John Hinton (substitute Member – Jennie Jenkins)
Michael Miller (substitute Member – Nigel Bennett).
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Paper K86 previously circulated
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RECOMMENDATIONS AND REPORTS FROM TASK GROUPS/PANELS
Move to Executive Model of Governance (Constitution Review Task Group)
Report of the Constitution Review Task Group (Paper K86) circulated with the Agenda for the Council at its meeting on 31 August 2010. |
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QUESTIONS FROM THE PUBLIC
The Chairmen of Committees to answer any questions from the public of which notice has been given no later than midday two working days before the day of the meeting in accordance with Council Procedure Rule No. 14. |
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QUESTIONS FROM MEMBERS
The Chairman of the Council and the Chairmen of Committees and Sub-Committees to answer any questions on any matters in relation to which the Council has powers or duties or which affect the District and which fall within the terms of reference of that Committee or Sub-Committee of which due notice has been given in accordance with Council Procedure Rule No. 15.4 (a) and (b). |
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AUDITOR’S ANNUAL GOVERNANCE REPORT
The Director of Finance to report 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. This can be accessed via the following link on the Council’s website - http://www.babergh.gov.uk/NR/rdonlyres/4D5668A7-1298-426D-B98C-7C469F4C5FF2/0/K099.pdf .
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:
· No material misstatements were identified
· There has been a significant improvement in the quality of supporting working papers
· The draft accounts were of good quality
· There have been some amendments made to the financial statements, which largely relate to the cash flow statement
A revised and final version of the 2009/10 Statement of Accounts will be available on the Council’s website by 30 September 2010.
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In relation to the other aspects of the AGR, it is also indicated that:
· The key financial systems are generally adequate as a basis for preparing the financial statements
· 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
· 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
· Data Quality - Further progress made during 2010.
Members are asked to note the position and the improvements achieved. |
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Paper
K107 |
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REVISIONS OF POLICY CONCERNING THE COUNCIL’S ACTIVITIES UNDER THE REGULATION OF INVESTIGATORY POWERS ACT 2000
Report by the Director of Corporate Services attached. |
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Paper
K109 |
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PROPER OFFICER PROVISIONS
Report by the Head of Natural and Built Environment attached. |
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APPOINTMENT OF MEMBERS
(a) Waste Management Project Board
The Director of Corporate Services to report 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.
Peter Beer was appointed as the substitute Member to the Board.
Members will be asked to appoint a representative for the remainder of the term of office.
(b) Efficiencies and Procurement Champion
The Director of Corporate Services to report that Humphrey Todd has indicated that he wishes to step down from his role as Efficiencies and Procurement Champion.
Members will be asked to appoint an Efficiencies and Procurement Champion for the remainder of the term of office. |
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EXCLUSION OF THE PUBLIC (WHICH TERM INCLUDES THE PRESS)
To consider whether, pursuant to Part 1 of Schedule 12A of the Local Government Act 1972, the public should be excluded from the meeting for the business specified below on the grounds that if the public were present during this item there would be the disclosure to them of exempt information as indicated against the item.
The author of the report proposed to be considered in Part II of the Agenda is satisfied that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
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PART II |
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Papers
K92 and K108 |
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EMPLOYMENT ADVICE – APPOINTMENT OF A SINGLE CHIEF EXECUTIVE (Exempt information by virtue of Paragraph 4 of Part 1)
The Strategy Committee at its meeting on 16 September 2010 considered Paper K92.
The recommendations of Strategy Committee are contained in Paper K108 attached.
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Note: A buffet lunch will be provided for Members in the Courtyard Restaurant.
For further information on any of the Part 1 items listed above, please contact Steve Ellwood on 01473 825876 or via email at committee.services@babergh.gov.uk |