BABERGH DISTRICT COUNCIL

STRATEGY COMMITTEE

MINUTES OF A MEETING OF THE STRATEGY COMMITTEE HELD IN THE COUNCIL CHAMBER, COUNCIL OFFICES, CORKS LANE, HADLEIGH ON THURSDAY, 16 NOVEMBER 2006

PRESENT: Mr N A Ridley – Chairman

Ms J A Jenkins attended in order to present the recommendations of the Overview and Scrutiny (Stewardship) and (Community Services) Committees referred to in Minute No. 56 below.

Mr C W Arthey was present for the item referred to in Minute No. 66 below and spoke on the item at the invitation of the Chairman.

51     DECLARATION OF INTERESTS

Mr N A Bennett declared a personal interest in respect of the item referred to in Minute No. 61 below by virtue of being a Member of Sudbury Town Council.

52     MINUTES

RESOLVED

That the Minutes of the meeting held on 28 September 2006 be confirmed and signed as a correct record.

53     PETITIONS

None received.

54     QUESTIONS FROM MEMBERS

None received.

55     ISSUES ARISING FROM OVERVIEW AND SCRUTINY COMMITTEES

None received.

56     RECOMMENDATIONS AND REPORTS FROM COMMITTEES

Review of Call-in Procedures (Overview and Scrutiny (Stewardship) Committee Minute No. 41 and Overview and Scrutiny (Community Services) Committee Minute No. 32)

Ms J A Jenkins, Chairman of the Overview and Scrutiny (Stewardship) Committee, presented this item on behalf of both Overview and Scrutiny Committees. She referred to recommendations (1) to (9) which were supported by both Committees and to Paper F117 (revised Protocol for Use of Call-in Procedure) which was circulated with the Strategy Committee agenda. Members also had before them Paper F103. The Chairman of the Strategy Committee asked Members to consider whether it would be helpful for the Joint Meeting of the Overview and Scrutiny Committees on 11 December 2006 to look again at recommendations (7) and (8) to clarify the relationship between the Protocol for use of Call-in Procedure and the Call-in criteria as set out in the Constitution, and in the light of any amendments which might be required to the Council’s Constitution. All of the recommendations would then be considered by the Council on 19 December in accordance with the review’s timetable.

During the course of the ensuing discussion, reference was made to the original concerns which led to the scrutiny of the Council’s call-in procedure, and Members considered whether those concerns had been met by the recommendations before the Committee which had been duly proposed and seconded.

Members felt that the Overview and Scrutiny Committees’ intention regarding the grounds for a call-in required clarification to ensure there was no conflict between the Constitution and the Protocol set out in Paper F117, and agreed that there should be input from the Monitoring Officer on this aspect. As presently drafted it was felt there was some ambiguity as to whether the existing provision in the Constitution was to be retained with a complementary Protocol or whether the Constitution should be amended to reflect the wider grounds indicated in the Protocol.

The original proposer and seconder of the recommendations agreed to a proposal that (1) to (6) and (9) should be accepted, with recommendations (7) and (8) being referred back to the Joint Meeting. Members identified issues related to Process, Criteria and Constitution which required further work including the following:-

Recommendation (7)

· Protocol for Use of Call-in Procedure not to be in conflict with the Council’s Constitution.

· A clear definition to be provided for the ‘overview of the procedures’ to be maintained by the Chief Executive and Corporate Directors, and for the circumstances in which it would be necessary to consult them.

Recommendation (8)

· Appropriate draft amendments to the Constitution to be available for the Council meeting on 19 December.

Protocol (Paper F117)

· To remove any ambiguity in the scope for call-in with clarity on whether the protocol is intended to replace the existing call-in criteria.

Members were also aware that the intention of Recommendation (1) was that the ‘minimum of any five Members’ referred to is to be drawn from the total Overview and Scrutiny membership excluding the Chairmen ie from 16 Members.

RESOLVED

(1)     That the Joint Meeting of the Overview and Scrutiny Committees on the 11 December 2006 be asked to reconsider

(a) recommendation (7) to clarify the intention in relation to the process and criteria to be used when the validity of a call-in request is considered, including clarification of the items identified above by the Strategy Committee and

(b) recommendation (8) to ensure that the Constitution and the Protocol for Use of Call-in Procedure are not in conflict and that the ensuing amendments to the Constitution can be considered by the Council on 19 December 2006.

(2)     That appropriate amendments to the Constitution, for submission to the Council on 19 December, be drafted by the Head of Corporate Services in consultation with the Monitoring Officer to reflect the recommendations of the Overview and Scrutiny Committees set out in (1) to (6) below and those of the Joint Meeting of the Overview and Scrutiny Committees following its further consideration of the matters set out in (1) above.

RECOMMENDED TO COUNCIL

(1)     That a minimum of any five Overview and Scrutiny Committee Members be needed to trigger a call-in request.

[original recommendation has been reworded to reflect the intention of the Overview and Scrutiny Committees as referred to above]

(2)     That the Chairmen of the Overview and Scrutiny Committees be excluded from signing call-in requests.

(3)     That a call-in request form be introduced as set out in Appendix 3 to Paper F103 and that requests received by fax or e-mail be acceptable.

(4)     That the Head of Corporate Services, in consultation with the Monitoring Officer and the Chairmen of both Overview and Scrutiny Committees, should decide which would be the most appropriate (having regard to the terms of reference of the Committees) Overview and Scrutiny Committee to deal with a matter the subject of a call-in.

(5)     That any Member making a request for call-in has the right to attend and speak at the meeting of the Overview and Scrutiny Committee considering the matter.

(6)     That Babergh’s procedures be streamlined so that the appropriate Overview and Scrutiny Committee can either refer a called-in matter back to the Strategy Committee, or refer the matter to Council. Further that the Council makes the final decision or refers the matter back to the Strategy Committee.

(7)     That the new procedures be implemented with immediate effect and reviewed after one year.

57     RECOMMENDATIONS AND REPORTS FROM TASK GROUPS/PANELS

Options for the Future of Stour House

Mrs S M Wigglesworth, Chairman of the Housing Panel, presented the Panel’s report (Paper F118) asking the Committee to approve for further assessment by the Panel the three shortlisted options as detailed in the report, prior to a final recommendation being made to the Strategy Committee in due course.

Members noted that, depending on the option finally chosen, any appropriate recommendations relating to budget or transfer of land would be made to the Council meeting in February.

RESOLVED

(1)     That the three shortlisted options detailed in paragraph 1.2 of Paper F118 be approved and that the Housing Panel be authorised to make the final recommendation to the meeting of the Strategy Committee on 8 February 2007 based on a further assessment of the advantages and disadvantages of each option.

(2)     That should the option to transfer Stour House to a Registered Social Landlord (RSL) be chosen, the Head of Community Development in consultation with the Housing Panel be authorised to identify an RSL partner.

58     WORKPLAN

The Head of Corporate Services submitted a report (Paper F119) on items identified for future meetings of the Strategy Committee.

RESOLVED

That the Workplan set out in Paper F119 be noted.

59     EFFICIENCIES UPDATE

The Head of Finance submitted a report (Paper F120) updating the Committee on “Gershon” efficiencies achieved to date and progress in relation to the current year’s target.

RESOLVED

(1)     That achievements against the Gershon efficiency target and progress on this year’s estimated efficiencies as detailed in Paper F120 be noted.

(2)     That appropriate action be taken to ensure that the forecast efficiency savings of £0.5 million for the current year are achieved and additional efficiencies identified wherever possible.

60     PROPOSED NEW EDUCATION CENTRE FOR 16 – 19 YEAR OLDS SERVING SOUTH SUFFOLK, SOUTH AND WEST IPSWICH

Mike Hammond Corporate Director presented a report (Paper F121) asking for the Council’s comments in relation to the proposed development of a new centre for the education of post 16 year olds.

RESOLVED

That the Learning and Skills Council for Suffolk (LSC) be informed that Babergh District Council

(a) supports the principle of a new education centre for 16 –19 year olds and in particular, taking into account Babergh’s corporate priority of raising individual ambition, supports the LSC’s priorities set out in paragraph 4.3 of Paper F121 and

(b) welcomes the opportunity for Councillor Sue Wigglesworth to serve as an elected Member representative to attend meetings of the LSC Stakeholder Panel which will consider in detail the proposals set out in paragraph 4 of Paper F121.

61     DISTRICT AND PARISH/TOWN COUNCIL ELECTIONS: SCALE OF FEES

The Head of Corporate Services submitted Paper F122, in relation to a revised scale of fees for local government elections.

RESOLVED

(1)     That with effect from 2 January 2007 the scale of election fees at District Council and Parish Council elections in the Babergh area be as set out in the Appendix to Paper F122.

(2)     That the fees for polling station staff be updated in line with increases in the rates at national elections.

(3)     That in the period between national elections the level of all fees including the scale be updated in line with the annual salary awards.

62     BABERGH STATEMENT OF COMMUNITY INVOLVEMENT: ADOPTION

Mike Hammond, Corporate Director, introduced Paper F123 recommending the adoption of the Statement of Community Involvement.

RECOMMENDED TO COUNCIL

That the revised Statement of Community Involvement attached to Paper F123 be adopted.

63     EXEMPTIONS TO CONTRACT PROCEDURE RULES NOS. 3, 4, 5 AND 6

RESOLVED

That the action taken by the Head of Corporate Services in accordance with Contracts Procedure Rule No. 2 and Schedule 1 to exempt the following contracts from competitive tender on the grounds indicated be noted:-

(a)     Upgrade Telephone System and Provision of Software

Purchase of software upgrade and equipment from Siemens, which provided and maintains the Council’s telephone system (supply of parts of existing machinery/plant and in the interests of standardisation for maintenance).

(b)     Anglia Estate Art Project – Granite Engraving/Sandblasting

Appointment of H L Perfitt Ltd, specialist stone mason (no genuine competition on account of the specialised nature of the works).

64     ACTION OUT OF MEETING – JOINT PROCUREMENT OF REFUSE COLLECTION SERVICES

RESOLVED

That the action taken as detailed in Paper F125 be noted.

65     EXCLUSION OF THE PUBLIC (WHICH TERM INCLUDES THE PRESS)

RESOLVED

That pursuant to Part I 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 Committee was also satisfied that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

66     PROCUREMENT OF JOINT REFUSE COLLECTION CONTRACT – APPOINTMENT OF TENDERER (Exempt information by virtue of Paragraph 3 of Part 1)

The Minute relating to the above-mentioned item is excluded from the public record. The summarised 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 Chairman of the Procurement Task Group, Mr H N Todd, introduced the report of the Task Group (Paper F124) relating to the recent joint procurement exercise for the refuse collection service. The Head of Natural and Built Environment and a representative from the Council’s Consultants were present at the meeting to answer questions.

Members accepted the recommendations of the Task Group as set out in Paper F124 to approve the appointment of a joint contractor after completion of the detailed evaluation process and to authorise the Solicitor to the Council in relation to entering into a contract and a partnering agreement for the joint procurement of the service.

Notes: 1. The meeting adjourned between 10.45 am and 11.05 am for refreshments.

2. Patricia Rockall, Chief Executive, was not present during consideration of the item referred to in Minute No 61.

The business of the meeting was concluded at 1.25 p.m.

Chairman