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Minutes - 18 March 2011

Summary

Minutes - 18 March 2011

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 FRIDAY, 18 MARCH 2011

PRESENT:      Mr D L Wood – Chairman

Mrs J Antill
Mr C W Arthey
Mr A C Bavington
Mr P K Beer
Mr M P Booth
Mr J C Brand
Mr D M Busby
Mr J R B Cave
Mrs S P Clarke
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 A J Ward
Mr G S White
Mr R Whiting
Mrs S M Wigglesworth

The following Members were unable to be present:-

Mr N A Bennett, Mrs S Carpendale, Mr P G Gibson, Mr M Newman,    Mr C M Spence,  Mr H N Todd, Mr D M Walton and Mr L H Young

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

99 - Declaration of Interests
100 - To Receive Notification of Petitions in Accordance with Council Procedure Rule No. 13
101 - Updated Business Case and External Validation
102 - Questions from the Public
103 - Questions from Members
104 - Exclusions of Public (which term includes the press)
105 - Appointment of Single Chief Executive (Exempt information by virtue of Paragraph 1, 2, 3 and 4 of Part 1)

99        DECLARATION OF INTERESTS

None declared. 

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100     TO RECEIVE NOTIFICATION OF PETITIONS IN ACCORDANCE WITH COUNCIL PROCEDURE RULE NO. 13

None  received.

101     UPDATED BUSINESS CASE AND EXTERNAL VALIDATION 

Mr N A Ridley (Chairman of Strategy Committee) introduced a report Paper K213 by the Director of Finance (Babergh District Council) and the Chief Financial Officer (Mid Suffolk District Council) outlining the latest information relating to the business case update and external validation on the Babergh and Mid Suffolk Integration and potential creation of a single Council.

During the presentation the detailed report relating to the business case for integration and creation of a single Council, a copy of which had been made available in the Members’ room and a web-link provided, was referred to. 

Mr Adrian Jenkins, the external consultant appointed to validate the business case was in attendance at the meeting to assist in the presentation of the report and answer Members questions.

During consideration of this matter an amendment to recommendation 2.1 of Paper K213 was moved as follows:-

That Members note the updated business case and the summary of key financial information but, as a result of further analysis and information, now consider the option of a full merger with MSDC as being poor value for money for Babergh residents and as a result reject any further moves towards a fully merged, single Council.

The Chairman then adjourned the meeting between 10.10 a.m. and 10.25 a.m. to enable legal advice to be provided relating to the validity of the proposed amendment.

When the meeting recommenced the Solicitor to the Council gave the following advice:-

“That the amendment has the effect of negating the substance of the motion already moved and seconded which would be contrary to the Council procedure rules.  In light of Council having previously resolved that the detailed business case be subject to external validation the same outcome proposed by the amendment would be achieved by voting against the motion”.

The debate continued and a number of questions were answered by the appropriate Officers and the external consultant.

The recommendations contained in Paper K213 having been moved and seconded, a recorded vote was requested in accordance with Council Procedure Rule No. 22.5.  The result of the recorded vote was as follows:-          

For the Motion

Against the Motion

Abstentions

Mrs J Antill
Mr C W Arthey
Mr P K Beer
Mr J C Brand
Mr J R B Cave
Mr A J Hinton
Mr P J Holbrook
Ms J A Jenkins
Mr P Jones
Mr D H Keane

For the Motion 

Mr J A B Long
Mr A F D W Osborne
Mr N A Ridley
Mr B Riley
Mr C A Roberts
Mr J R A Sayers
Mr R C Smith
Mr G S White
Mr D L Wood

Mr A C Bavington
Mr M P Booth
Mr D M Busby
Mrs S P Clarke
Mr D G Grutchfield
Mr B D Hurren
Mr L S Johnson
Mr R E Kemp
Mr B L Lazenby
Dr M R Miller

Against the Motion

Mrs M O Munson
Mr D C Rose
Mr R W Thake
Mr A J Ward
Mr R Whiting

 

Mrs S M Wigglesworth

The proposal (contained in resolutions (1) to (3) below) was declared carried by 19 votes to 15 with one abstention.         

RESOLVED

(1)       That Members approve the updated business case and the summary of key financial information as set out in Appendices A and B to Paper K213 for publication.

(2)       That the key findings set out in the executive summary of the report on external validation of the business case, as in Appendix C to Paper K213, be noted and that this is also published as part of the reference documents for Members, citizens and other stakeholders.

(3)        That Members note that a range of other documents, including previous public reports approved by both Councils relating to the integration and potential creation of a single Council will also be made publicly available on the Councils’ respective websites.

102     QUESTIONS FROM THE PUBLIC

None received

103     QUESTIONS FROM MEMBERS

None received.

104     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 this item it is 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.

105     APPOINTMENT OF SINGLE CHIEF EXECUTIVE (Exempt information by virtue of Paragraphs 1, 2, 3 and 4 of Part 1)

A report was submitted (Paper K214) by the Joint Appointments Panel and HR/Legal Workstream relating to the outcome of interviews held on 3 and 4 March 2011 for the single Chief Executive post for both Councils.

The appointment of a replacement Single Chief Executive for both Councils would require notice of redundancy to be given to the respective Council’s Chief Executives.

RESOLVED

(1)        That Charlie (Charlotte) Adan be offered the post of single Chief Executive to both Babergh and Mid Suffolk District Councils on a starting salary not exceeding £115,582 and the Joint Monitoring Officer be authorised to agree the precise starting salary following consultation with the Joint Appointments Panel.

(2)        That subject to acceptance of the offer in resolution (1) above, that Charlie (Charlotte) Adan be appointed as the single Chief Executive and for the appointment to be taken up as soon as possible after expiry of the Notices of Redundancy referred to in resolution (4) below.

(3)        That the single Chief Executive be employed jointly by both of the Councils and that a legal agreement be entered into between the two Councils to support that employment model.

(4)        That subject to resolution (2) above that the Council’s existing Chief Executive be given Notice of Redundancy to expire 3 months after service, or such earlier date as may be agreed with each Chief Executive following consultation with the employing Council’s respective Members on the Joint Member Integration Board.

(5)       That subject to the agreement of both Councils, that each Council equally contribute a sum not exceeding £5,000 to the single Chief Executive in respect of relocation expenses, as set out in paragraph 8.3 of Paper K214.   

     

The business of the meeting was concluded at 12.30 p.m.

 ______________________                                                                                  
Chairman




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