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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 MONDAY, 13 DECEMBER 2010
Mr D L Wood – Chairman
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Mrs J Antill
Mr A C Bavington
Mr P K Beer
Mr M P Booth
Mr J C Brand
Mr D M Busby
Mrs S Carpendale
Mr J R B Cave
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 D H Keane
Mr R E Kemp |
Mr B L Lazenby
Mr J A B Long
Dr M R Miller
Mrs M O Munson
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 H N Todd
Mr A J Ward
Mr G S White
Mr R Whiting
Mrs S M Wigglesworth
Mr L H Young |
The following Members were unable to be present:- Mr C W Arthey, Mr N A Bennett, Mr M Newman, Mr C M Spence and Mr D M Walton.
The proceedings were opened with a short prayer for those Members who had chosen to participate.
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77 Minutes
78 Declaration of Interests
79 Chairman's Announcements
80 Petitions
81 Exclusion of Public (which term includes the Press)
82 Timing Options for Chief Executive (Exempt information by virtue of Paragraphs 1 and 4 of Part 1)
83 Salary Range for a Single Chief Executive Appointment (Exempt information by virtue of Paragraphs 1 and 2 of Part 1)
84 Shared Revenues Partnership (SRP)
85 Recommendations and Reports from Committees
86 Notice of Motion
87 Substitutes for Non-Grouped Members
88 Questions from the Public
89 Questions from Members
90 Babergh and Mid Suffolk Integration/Creation of a new Council: Future Governance Arrangements
91 Timetable of Meetings 2011/12
RESOLVED
That the Minutes of the meeting held on 19 October 2010 be confirmed and signed as a correct record.
Mrs S M Wigglesworth subsequently declared an interest in the item referred to in Minute No. 85(b) below by virtue of being the designated premises licence holder of Polstead Village Hall.
Events Attended
The Chairman referred to Paper K159 outlining events attended by the Chairman and Vice-Chairman of the Council since the last meeting.
Order of Business
The Chairman referred to an email sent on his behalf indicating that the Order of Business on the Agenda would be changed to enable the confidential items to be considered earlier in the agenda as a number of Members have indicated that they are unable to attend the whole meeting.
Get Together for Staff
The Chairman reminded Members of the get together between Members and Staff that would be held at an appropriate time during the morning.
White Ribbon Exhibition
The Chairman informed Members that an exhibition was on show in the foyer of the Council Offices relating to the White Ribbon Campaign against gender violence.
Healthy Ambitions Suffolk
The Chairman informed Members that the District Council had received a Gold Award by Healthy Ambitions, Suffolk for promoting health and wellbeing within the organisation.
In accordance with Council Procedure Rule No. 13, the receipt by the Chief Executive of a Petition was noted as detailed below:-
Council Owned Property in Chelmondiston
Petition signed by approximately 20 residents in relation to a Council owned property in Chelmondiston.
The issues raised by the signatories are being addressed by the Head of Community Development under his delegated powers.
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 was likely that there would be the disclosure to them of exempt information as indicated against each 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.
The Solicitor to the Council/Nick Ridley presented Papers K154 and K161, the reports of the Babergh and Mid Suffolk Joint Member Integration and Merger Board (JMB) relating to the recruitment exercise for the single Chief Executive appointment. The Council’s Section 151 Officer, Barry Hunter, and the Human Resources and Organisational Manager, Jeanette Bray, commented on the financial and HR aspects respectively. Members also had before them Paper K160 which set out the recommendations of the Strategy Committee and Paper K161A providing further financial information.
During consideration of this matter it was confirmed that the Council were able to decide the issue and Central Government approval was not required.
An amendment to the proposal was moved and seconded that the words “immediately, with the appointment taken up” be deleted from Recommendation 2.1 (1) (contained in Paper K161). Upon being put to the vote this was lost.
(Note: Mr L S Johnson and Mrs S M Wigglesworth abstained from voting in respect of the above and requested that this be recorded in the Minutes).
A recorded vote was requested in accordance with Council Procedure Rule No. 22.5. The result of the recorded vote on recommendations 2.1 and 2.2 contained in Paper K161 was as follows:-
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For the Motion |
Against the Motion |
Abstentions |
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Mrs J Antill |
Mr A C Bavington |
Mr J C Brand |
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Mr P K Beer |
Mr D M Busby |
Mr L S Johnson |
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Mr M P Booth |
Mrs S P Clarke |
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Mrs S Carpendale |
Mr D G Grutchfield |
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Mr J R B Cave |
Mr B D Hurren |
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Mr P G Gibson |
Mr R E Kemp |
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Mr A J Hinton |
Mr B L Lazenby |
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Mr P J Holbrook |
Mrs M O Munson |
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Ms J A Jenkins |
Mr D C Rose |
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Mr P Jones |
Mr R W Thake |
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Mr D H Keane |
Mr R Whiting |
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Mr J A B Long |
Mr L H Young |
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Dr M R Miller |
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Mr A F D W Osborne |
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Mr N A Ridley |
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Mr B Riley |
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Mr C A Roberts |
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Mr J R A Sayers |
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Mr R C Smith |
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Mr H N Todd |
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Mr A J Ward |
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Mr G S White |
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Mrs S M Wigglesworth |
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Mr D L Wood |
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The recommendations were declared carried by 24 votes to 12 with 2 abstentions.
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.
The Human Resources and Organisational Development Manager presented Paper K153, the report of the HR Workstream which set out various options for determining the salary range for a single Chief Executive appointment.
Members also had before them Paper K162 which set out the recommendation of the Strategy Committee.
During consideration of this item an amendment was moved and seconded amending the figure for the upper salary banding to reflect the lower quartile salary range identified in Paper K153.
A recorded vote was requested in accordance with Council Procedure Rule No. 22.5. The result of the recorded vote was as follows:-
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For the Motion |
Against the Motion |
Abstentions |
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Mr A C Bavington |
Mrs J Antill |
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Mr P K Beer |
Mr J C Brand |
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Mr M P Booth |
Mr J R B Cave |
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Mr D M Busby |
Mr A J Hinton |
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Mrs S P Clarke |
Mr P J Holbrook |
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Mr D G Grutchfield |
Ms J A Jenkins |
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Mr B D Hurren |
Mr P Jones |
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Mr L S Johnson |
Mr D H Keane |
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Mr R E Kemp |
Mr N A Ridley |
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Mr B L Lazenby |
Mr B Riley |
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Mr J A B Long |
Mr C A Roberts |
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Dr M R Miller |
Mr G S White |
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Mrs M O Munson |
Mr D L Wood |
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Mr A F D W Osborne |
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Mr D C Rose |
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Mr J R A Sayers |
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Mr R C Smith |
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Mr R W Thake |
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Mr R Whiting |
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Mrs S M Wigglesworth |
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Mr L H Young |
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The amendment was declared carried by 21 votes to 13 with no abstentions. This was put as the substantive motion and subsequently carried.
At this point the Press and Public were re-admitted to the meeting.
The Director of Finance and the Solicitor to the Council submitted a joint report (Paper K164) relating to the shared revenues partnership between Babergh District Council, Mid Suffolk District Council and Ipswich Borough Council that require Council approval.
Due to the different constitutional arrangements of the Councils, and as Ipswich Borough Council are hosting the partnership, it was considered that the Joint Committee to oversee the SRP should not be politically balanced. Proposals for an Audit and Fraud Partnership were outlined to the meeting.
RESOLVED
(1) That the Joint Committee that oversees the implementation and operation of the Shared Revenue Partnership (SRP) be not politically balanced.
(2) That, subject to approval by all 3 partners, the Councils counter-fraud staff be transferred to the Audit and Fraud Partnership (as described in section 5.8 of Paper K164) in April 2011 and the employment of Ipswich Borough under the Transfer of Undertakings (Protection of Employees) Regulations or TUPE.
Note: There were no dissenting votes on Resolution (1) above.
(a) Finance and Performance Management 2010/11 – Quarterly Monitoring Report – Treasury Management (Overview and Scrutiny (Stewardship) Committee Minute No. 46)
RESOLVED
That the half yearly report on Treasury Management activities, as required by the Treasury Management Code of Practice and as set out in Appendix C to Paper K142 be noted.
(b) Licensing Act 2003: Statement of Licensing Policy (Revision) (Licensing and Appeals Committee Minute No. 11)
RESOLVED
That the post-consultation draft ‘Statement of Licensing Policy’ in respect of Licensing Act 2003 functions, as attached to Appendix 1 to Paper K134, be approved and adopted for publication, to take effect for 3 years (unless sooner revised) from 7 January 2011.
(c) Appointment of Substitutes (Overview and Scrutiny (Stewardship) Committee Minute No. 49)
RESOLVED
(1) That with effect from the Annual Council to be held in May 2011, the wording in Council Procedure Rule 5 of the Babergh District Council Constitution be replaced with the wording shown in Paragraph 6.4 of Paper K145.
(2) That with immediate effect an ungrouped Member from a named “pool” of substitutes be permitted to substitute for another ungrouped Member.
(3) That the Director of Corporate Services be authorised to make the necessary amendments to the Constitution.
The following motion was moved by Mr P J Holbrook and seconded by Mr L S Johnson, the requisite notice thereof having being given in accordance with Council Procedure Rule No. 16;
“That a flag pole be purchased and installed outside the Babergh District Council offices at Corks Lane, Hadleigh subject to the cost (estimated at £825) being raised by voluntary contribution by Council Members, and subject to securing any necessary consents”.
Mr Holbrook in explaining the background to the motion indicated that he would be prepared for a decision to be taken on this matter at the meeting and that the details relating to the implementation of any decision would be dealt with in due course.
RESOLVED
That a flag pole be purchased and installed outside the Babergh District Council offices at Corks Lane, Hadleigh subject to the cost (estimated at £825) being raised by voluntary contribution by Council Members, and subject to securing any necessary consents.
The Director of Corporate Services reported that the ungrouped Members, Mr C W Arthey and Mr A C Bavington have advised that they wish to be the named substitutes for each other on their Committees.
RESOLVED
(1) That the substitute for Mr C W Arthey on Development Committee be Mr A C Bavington.
(2) That the substitute for Mr A C Bavington on Overview and Scrutiny (Community Services) Committee be Mr C W Arthey.
None received.
None received.
The Chief Executive introduced Paper K156 requesting approval to a number of Governance issues, as highlighted in the High Level Outline Business Case that was considered by the Council at its meeting on 31 August 2010 and Mid Suffolk District Council on 9 September 2010. It was noted that this report had been submitted, and approved, by Mid Suffolk District Council at its meeting held on 9 December 2010.
During consideration of this item an amendment was moved indicating that in respect of the recommendation contained in paragraph 2.5 the words “and drawn from the JMIB” be deleted. Upon being put to the vote this amendment was carried.
A further amendment was moved and seconded indicating that in recommendations 2.2 and 2.6 the words “after the May 2011 District Elections” be deleted. Upon being put to the vote this was carried.
It was also noted that named Members were requested to be appointed to all of the positions and substitute roles referred to in the recommendations contained in Paper K156. In respect of the Joint Appointments Panel it was agreed that the group leaders would provide names to the Solicitor to the Council.
(1) That the current Joint Member Board (JMB) be re-designated as the Joint Member Implementation Board (JMIB).
(2) That the political composition and membership of the JMIB be affirmed as that of the current JMB, with membership being reviewed to reflect any changes in political balance.
(3) That substitute Members for the JMIB be drawn from a named pool of Strategy or Executive Committee members, as appropriate, of the relevant political group/grouping.
(4) That the remit of the JMIB include:
(i) the role of Programme Board for the overall project
(ii) responsibility for making recommendations on the Implementation Plan and overseeing the delivery of that Plan, and
(iii) responsibility for formulating recommendations on outline proposals for the constitution and locality arrangements of the new Council that will then be placed in the public domain around March 2011 prior to a Local Poll to be held in May 2011.
(5) That a Joint Appointments Panel (JAP) comprising 6 Members (3 from each Council) be set up to make recommendations to both Full Councils on the Chief Executive, Director and statutory appointments.
(6) The JAP comprise 3 Conservative, 2 Liberal Democrat and 1 Independent/Other Members to reflect the current overall political balance of both Councils, with membership being reviewed to reflect any changes in political balance.
(7) That a Joint Scrutiny Committee (JSC) comprising 10 Members be set up, to reflect the overall political balance of both Councils.
(8) That 5 Conservative, 3 Liberal Democrat and 2 Independent/Other Members who are not Members of the Strategy or Executive Committees be appointed to the JSC until the date of the next Annual Meeting of the relevant Council, with 5 Members being drawn from each Council, and thereafter appointments to be made for a term of 1 year in each successive year, as required.
(9) That substitute Members for the JSC be drawn from a named pool of Members of the relevant political group/grouping who are not also Members of either the Strategy or Executive Committees.
(10) That the functions as described in paragraphs 8.15 – 8.21 of Paper K156 be delegated to the JSC.
(11) That the work of the Constitution Workstream (CWS) be subsumed into the remit of the JMIB until a decision is made on whether to instigate a review by the Local Government Boundary Commission for England (probably May/June 2011) and thereafter be the subject of further review.
(12) That subject to recommendation 2.11 above, the CWS be discontinued as a separate sub-group of the current Joint Member Board after their next scheduled meeting on 14 December 2010.
(13) That named Members be appointed to all of the positions and substitute roles referred to in the preceding recommendations.
Note: Babergh District Council Members and substitutes as shown below:-
JMIB Substitute Members
Mr M P Booth (Lib Dem)
Dr M R Miller (Lib Dem)
Mrs J Antill (Cons)
Mr A J Hinton (Cons)
Mr R E Kemp (Ind)
Joint Appointments Panel
Ms J A Jenkins (Cons)
Mrs S M Wigglesworth (Ind)
Mrs S Carpendale (Lib Dem)
Joint Scrutiny Committee
Mr J R B Cave (Cons)
Mr B Riley (Cons)
Mr D C Rose (Ind)
Mr D M Busby (Lib Dem)
Mr B D Hurren (Lib Dem)
Substitutes for Joint Scrutiny Committee
Mr J R A Sayers (Cons)
Mr G S White (Cons)
Mr P Jones (Ind)
Mr L S Johnson (Lib Dem)
Mr B L Lazenby (Lib Dem)
Mr R W Thake (Lib Dem)
The Director of Corporate Services submitted a report (Paper K163) requesting approval to a draft timetable of meetings for 2011/12.
RESOLVED
That the timetable of meetings as outlined in Paper K163 be approved.
Note: The meeting was adjourned between 11.05 a.m. and 11.35 a.m. for refreshments.
The business of the meeting was concluded at 2.20 p.m.
Chairman
Minutes 82 and 83 listed below are no longer confidential.
MINUTE NO. 82 OF THE COUNCIL MEETING HELD ON 13 DECEMBER 2010
TIMING OPTIONS FOR SINGLE CHIEF EXECUTIVE APPOINTMENT (Exempt information by virtue of paragraphs 1 and 4 of Part 1)
Nick Ridley presented Papers K154 and K161, the report of the Babergh and Mid Suffolk Joint Member Integration and Merger Board (JMB) relating to the recruitment exercise for the single Chief Executive appointment.
The Solicitor to the Council advised that only Full Council may appoint or remove a Chief Executive and therefore a further report would be made to Council with the recommendation from the selection panel to make an appointment and, subject to the appointment, make the current Chief Executive redundant.
The Council’s Section 151 Officer, Barry Hunter, and the Human Resources and Organisational Manager, Jeanette Bray, commented on the financial and HR aspects respectively. Members also had before them Paper K160 which set out the recommendations of the Strategy Committee on 25 November and Paper K161A providing further information.
RESOLVED
(1) (a) That the permanent single Chief Executive position be advertised immediately, with the appointment being taken up as soon as possible after the local poll in May 2011 and both of the existing Chief Executive posts being retained up until the permanent single Chief Executive is in post.
(b) That the other senior Management Team appointments be made as soon as possible following the appointment of the permanent single Chief Executive.
(2) That an appointments selection panel be established comprising 6 elected members reflecting the political balance across the Councils (i.e. presently 3 Conservative, 2 Liberal Democrat and 1 other), there being 3 members from each Council with the precise mix and names being subject to agreement between the political groups
MINUTE NO. 83 OF THE COUNCIL MEETING HELD ON 13 DECEMBER 2010
SALARY RANGE FOR SINGLE CHIEF EXECUTIVE APPOINTMENT (Exempt information by virtue of paragraphs 1 and 2 of Part 1)
The Human Resources and Organisational Development Manager presented Paper K153, the report of the HR Workstream which set out various options for determining the salary range for the appointment of a single Chief Executive.
Members also had before them Paper K162 which set out the recommendations of Strategy Committee.
RESOLVED
That the new single Chief Executive post be given the salary range of £99,119 to £115,582.
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