Why was Merseyside Fire and Rescue Service’s Kieran Timmins (former Deputy Chief Executive/Treasurer and in charge of the Saughall Massie fire station plans in 2014 & 2015) paid £144,500 for “compensation for loss of office” when he was made redundant in 2015?

Why was Merseyside Fire and Rescue Service’s Kieran Timmins (former Deputy Chief Executive/Treasurer and in charge of the Saughall Massie fire station plans in 2014 & 2015) paid £144,500 for “compensation for loss of office” when he was made redundant in 2015?

Why was Merseyside Fire and Rescue Service’s Kieran Timmins (former Deputy Chief Executive/Treasurer and in charge of the Saughall Massie fire station plans in 2014 & 2015) paid £144,500 for “compensation for loss of office” when he was made redundant in 2015?

                                            

Kieran Timmins (former Deputy Chief Executive, Merseyside Fire and Rescue Service) taken in 2014
Kieran Timmins (former Deputy Chief Executive, Merseyside Fire and Rescue Service) taken in 2014

The author of this piece is an Appellant in a First-tier-Tribunal (Information Rights) case in which Merseyside Fire and Rescue Authority is the Second Respondent.

Below are three invoices (for £3,000 each consisting of £2,500 + VAT so £9,000 in total) from a Todd and Ledson LLP to Merseyside Fire and Rescue Service for the Saughall Massie fire station project.

Invoice £3000 Todd and Ledson LLP Merseyside Fire and Rescue Services Merseyside Fire and Rescue Authority 30th December 2015 Saughall Massie Pre Contract Professional fees
Invoice £3000 Todd and Ledson LLP Merseyside Fire and Rescue Services Merseyside Fire and Rescue Authority 30th December 2015 Saughall Massie Pre Contract Professional fees
Invoice £3000 Todd and Ledson LLP Merseyside Fire and Rescue Services Merseyside Fire and Rescue Authority 30th September 2015 Saughall Massie Pre Contract Professional fees
Invoice £3000 Todd and Ledson LLP Merseyside Fire and Rescue Services Merseyside Fire and Rescue Authority 30th September 2015 Saughall Massie Pre Contract Professional fees
Invoice £3000 Todd and Ledson LLP Merseyside Fire and Rescue Services Merseyside Fire and Rescue Authority 31st August 2015 Saughall Massie Pre Contract Professional fees
Invoice £3000 Todd and Ledson LLP Merseyside Fire and Rescue Services Merseyside Fire and Rescue Authority 31st August 2015 Saughall Massie Pre Contract Professional fees

Merseyside Fire and Rescue Service (on behalf of Merseyside Fire and Rescue Authority) have submitted two planning applications associated with this project.

The most recent dated 20th July 2016 is for a screening opinion which if I’m correct Wirral Council as Local Planning Authority have to make a decision on within 3 weeks of the application, this is SCR/16/00994.

The related planning application to the above submitted on the 15th July 2015 is APP/16/00985 which is described as, “A single storey two bay community fire station incorporating operational and welfare accommodation, offices and meeting space, external drill and training facilities and associated car-parking. | Land adjacent to SAUGHALL MASSIE ROAD, SAUGHALL MASSIE ”.

The land is currently owned by Wirral Council, who are constructing a Youth Zone on land next to Birkenhead Fire Station.

Below are two invoices to Merseyside Fire and Rescue Service from their solicitors Weightmans LLP connected to that.

Invoice £660.00 Weightmans LLP Transfer of land at Birkenhead Fire Station to Wirral Council 28th September 2015 Clive Bleasedale
Invoice £660.00 Weightmans LLP Transfer of land at Birkenhead Fire Station to Wirral Council 28th September 2015 Clive Bleasedale
Invoice £697.20 Weightmans LLP Transfer of land at Birkenhead Fire Station to Wirral Council 26th October 2015 Clive Bleasedale
Invoice £697.20 Weightmans LLP Transfer of land at Birkenhead Fire Station to Wirral Council 26th October 2015 Clive Bleasedale

Although at one stage a “land swap” was suggested by former Deputy Chief Executive of Merseyside Fire and Rescue Service Kieran Timmins (that is a swap of the land held by Wirral Council for the land adjacent to Birkenhead Fire Station), Merseyside Fire and Rescue Service state that no such land swap with Wirral Council was agreed follow Mr Timmins’ proposal. In an event Mr Timmins left the employment of Merseyside Fire and Rescue Service in 2015 having been made redundant and he received £144,500 in redundancy payment in compensation (see note 30 to the accounts (Officers’ Remuneration) on page 66 of the 2015-16 accounts for Merseyside Fire and Rescue Authority).

The officer at Merseyside Fire and Rescue Service in charge of land matters following Mr. Timmins’ departure from the organisation in August 2015 is Deputy Chief Fire Officer Phil Garrigan.

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SATIRE: What if the Saughall Massie fire station decision was a sports event?

SATIRE: What if the Saughall Massie fire station decision was a sports event?

SATIRE: What if the Saughall Massie fire station decision was a sports event?

Councillors on Merseyside Fire and Rescue Authority (30th June 2015) voting in favour of closure of Upton and West Kirby fire stations and asking Wirral Council for the land and planning permission for a new fire station in Saughall Massie
Councillors on Merseyside Fire and Rescue Authority (30th June 2015) voting in favour of closure of Upton and West Kirby fire stations and asking Wirral Council for the land and planning permission for a new fire station in Saughall Massie
Dan Stephens (Chief Fire Officer) answers questions at a public consultation meeting in Saughall Massie to discuss proposals for a new fire station (20th April 2015)
Dan Stephens (Chief Fire Officer) answers questions at a public consultation meeting in Saughall Massie to discuss proposals for a new fire station (20th April 2015)
Cllr Chris Blakeley addressing Wirral Council Regeneration and Environment committee about a new fire station in Saughall Massie September 2015
Cllr Chris Blakeley addressing Wirral Council Regeneration and Environment committee about a new fire station in Saughall Massie September 2015

SPORTS COMMENTATOR JOHN BRACE: Next week, we’ll be seeing another thrilling political battle between Cllr Chris “Bruiser” Blakeley (in the blue corner with a picture of a Conservative whip on his chest) and Dan “The Fireman” Stephens in the flaming red corner (and a picture of a fireman’s axe on his chest). Who will win following this encounter? This is a battle that the public think both of them can’t win.

SPORTS COMMENTATOR 2: There’s a bit of history between these two characters isn’t there?

SPORTS COMMENTATOR JOHN BRACE: Yes, this whole fire station issue is part of the reason Chris Blakeley lost his job working for Esther McVey in May, but since then he’s had more time for campaigning. The kudos for stopping a new fire station in Greasby went to Esther McVey’s rival Margaret Greenwood (now an MP). The two (Cllr Blakeley and Dan Stephens) have had heated exchanges at a number of public meetings and are bitterly opposed on this sensitive political issue.

SPORTS COMMENTATOR 2: But what happened last time?

SPORTS COMMENTATOR JOHN BRACE: The Labour referee Cllr Mike Sullivan declared it a draw on points and decided to call it off for another night. No one had invited Dan Stephens along to that meeting so it would’ve been wrong to let Cllr Blakeley win under such circumstances.

SPORTS COMMENTATOR 2: But strictly speaking Dan Stephens wasn’t the officer behind all this?

SPORTS COMMENTATOR JOHN BRACE: Yes that’s true. The man with the plan for this was Deputy Chief Executive Kieran Timmins (his line manager was Dan Stephens). However Kieran Timmins has been made redundant. So nobody can ask him questions. The land aspects of Mr. Timmins’ job are now under the remit of Deputy Chief Fire Officer Phil Garrigan.

SPORTS COMMENTATOR 2: So if asked, Dan Stephens can deny all knowledge of the emails released under a Freedom of Information Act request or in fact anything to do with all this?

SPORTS COMMENTATOR JOHN BRACE: His answer at an earlier public meeting was he hadn’t written the emails, then from memory a Labour councillor on the Merseyside Fire and Rescue Authority (who had released the emails) just claimed the Tories were just making it all up.

Although Dan Stephens would be aware of this matter, it would be Mr. Timmins/Phil Garrigan that would be involved in the details. I’m sure Phil Garrigan will brief him ahead of next week’s meeting with answers to questions that are likely to be asked and/or be there in person.

SPORTS COMMENTATOR 2: So what does Dan want?

SPORTS COMMENTATOR JOHN BRACE: He has to work within the agreed policy. The politicians directed him to ask for the land at Saughall Massie and planning permission (or at the very least he has to find somewhere to build a new fire station if the politicians want one).

SPORTS COMMENTATOR 2: So what does Cllr Blakeley want?

SPORTS COMMENTATOR JOHN BRACE: For Dan Stephens not to get the land at Saughall Massie and planning permission and if he has to build a fire station to do it somewhere else.

SPORTS COMMENTATOR 2: I see, and after over 2 years of political arguing has anything been actually decided?

SPORTS COMMENTATOR JOHN BRACE: Councillors on Merseyside Fire and Rescue Authority did decide to go ahead and ask Wirral Council for the land at Saughall Massie and planning permission.

An interesting twist however, is that Cllr Blakeley seems to be have been stabbed in the back twice by his own side on this issue as both the Conservative government have offered Merseyside Fire and Rescue Service a grant towards the costs of a new fire station and fellow Conservative councillor Cllr Lesley Rennie voted for it too.

SPORTS COMMENTATOR 2: So you’re saying in over 2 years and perhaps millions of words, all that’s happened is arguing, Esther McVey losing her seat and endless rounds of consultation over the £millions this could all cost?

SPORTS COMMENTATOR JOHN BRACE: Yes.

SPORTS COMMENTATOR 2: And nobody thought it a good idea and value for money or sensible to just actually sit down and talk through these issues?

SPORTS COMMENTATOR JOHN BRACE: Officers did that, but thought councillors would just happily rubber stamp it. Large numbers of the public getting grumpy about a political decision makes politicians nervous. Nervous politicians don’t like to make unpopular decisions unless they know the facts so they delay making a decision.

However councillors on the Merseyside Fire and Rescue Authority seemed quite happy to have the people pay for taxis to and from public meetings, showing that a decision by a politician is only unpopular if the public actually knows about it.

SPORTS COMMENTATOR 2: So you’re saying that endless public meetings, consultations, press coverage and over 2 years of political arguments is because no consensus or compromise has been reached?

SPORTS COMMENTATOR JOHN BRACE: Yep, but it’s been great for our viewing and circulation figures isn’t it!?

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Why did Councillor Blakeley ask councillors to block a fire station in Saughall Massie?

Why did Councillor Blakeley ask councillors to block a fire station in Saughall Massie?

Why did Councillor Blakeley ask councillors to block a fire station in Saughall Massie?

                                          

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Wirral Council’s Regeneration and Environment Committee meeting of the 15th September 2015 (Part 1 of 4) who discussed a notice of motion about a proposed new fire station in Saughall Massie

Yesterday evening’s meeting of Wirral Council’s Regeneration and Environment Committee was well attended by members of the public.

There were also many councillors from the ruling Labour administration to see what was happening first hand.

Many members of the public were there to see what happened on a vote on whether the land at Saughall Massie (owned by Wirral Council) would be blocked from being gifted, leased or sold to Merseyside Fire and Rescue Service for a new fire station.

However let’s start at the beginning.

The sole Lib Dem councillor at the meeting was running late so the Committee started the meeting with just the Labour and Conservative councillors. The first item was declarations of interest.

Councillor Steve Nilbock (a Labour councillor) had to declare a prejudicial interest in the Saughall Massie fire station item as he’s a member of the Merseyside Fire and Rescue Authority. This meant he had to leave the room during that item and not take part in the vote.

Councillor Anita Leech (a Labour councillor and Chair of the Planning Committee) also declared an interest in the Saughall Massie fire station item as although no planning application has yet been made she may have to make a decision on it in the future.

Councillor Jean Stapleton (a Labour councillor) had to declare a prejudicial interest in the Saughall Massie fire station item as she’s a member of the Merseyside Fire and Rescue Authority. This meant she had to leave the room during that item and not take part in the vote.

So that was three Labour councillors that couldn’t vote (as they wouldn’t be in the room).

The Chair then announced he would be dealing with item 4 (proposal for a fire station on green belt land in Saughall Massie) first due to the large numbers of members of the public present.

Although he was reminded he had to first approve the minutes, he pointed out he hadn’t been at the last meeting so someone else would have to propose approval of the minutes.

At this point three Labour councillors (Councillors Niblock, Leech and Stapleton) had to leave the room (having each declared a prejudicial interest) and took no further part in the discussion or vote on the Saughall Massie fire station issue.

At this point the Lib Dem councillor on the Committee, Cllr Dave Mitchell arrived and apologised for being late.

Wirral Council - Regeneration and Environment Committee Policy and Performance Committee 15th September 2015 - Councillor Chris Blakeley in the foreground explains his notice of motion on the Saughall Massie fire station
Wirral Council – Regeneration and Environment Committee Policy and Performance Committee 15th September 2015 – Councillor Chris Blakeley in the foreground explains his notice of motion on the Saughall Massie fire station

The Conservative councillor for Moreton West and Saughall Massie, Cllr Chris Blakeley (in the foreground of the photo above) was then invited to introduce his notice of motion (which had been referred by the Mayor to this Committee at the Council meeting on the 6th July 2015).

At this point (and I’m trying not to take sides on what is now a party political issue) and as this issue has had many decisions and press coverage over the years, I will feel it would be better to just quote his speech (and declare an interest as he mentions me twice in it). The Chair told Cllr Chris Blakeley he would have ten minutes (although the procedural rules on notices of motion agreed by the Coordinating Committee earlier in the year (see rule 17) don’t give any time limits at all).

Councillor Chris Blakeley (a Conservative councillor for Moreton West and Saughall Massie) said,

“Thank you Chairman, Members, I’ll try not to take up ten minutes, but I have to say it’s an improvement on Council which comes to only seven minutes! So if I do use the ten please forgive me but I will try and keep it as brief as I can.

Thank you Chairman and Members, first of all can I put on record my admiration for the work Merseyside Fire and Rescue Service do and make it clear that this Notice of Motion is not an attack on them. This is simply saying that while the Chief Fire Officer may believe the closure of Upton and West Kirby and building a new fire station on green belt land in Saughall Massie is his only option, the residents of Saughall Massie have made it very clear that they do not want their green belt developed with this or any other development.

As you will see on the Notice of Motion it states that there has been massive public opposition to this proposal which now has risen to over twelve hundred signatures and is growing daily. Also there’s opposition from Saughall Massie Village Area Conservation Society and the Wirral Society and the Chairman of the Saughall Massie Village Area Conservation Society is here tonight.

Sadly however, the proposal for a fire station at this location on our precious green belt appears to have the support of the Labour Party on the Wirral or at least its candidate in this year’s local election who made it very clear in his paperwork and his election address when he said in a leaflet, "I’ll be calling on the Fire Service to guarantee any design for the new fire station is sympathetic to the neighbourhood and will minimise disturbance to the residents of Saughall Massie."

Sadly this begs the question, has Wirral made up or already made up its mind and that’s very difficult to see?

Chairman and Members, the Chief Fire Officer says he has to have a site that is near to the midpoint of West Kirby and Upton as possible in order to give him the best response times.

On response times there’s a little bit of confusion there because at all the public meetings I went to the Chief Fire Officer said about response times and at other public meetings he said let’s not get hung up on response times. So I’m very concerned that the message that’s going from the Chief Fire Officer were to say the least mixed and confused and I don’t think anybody at any public meeting got the same words other than we need this fire station.

So it’s to give him what he says the best response times for West Wirral residents, the protection he believes is necessary.

Yet Chairman, for the last two years, West Kirby he says because these are his words has only been operational for 50% of the time and so he’s covering West Wirral from Upton without any problems and has been for the last two years!

In fact firefighters I talk to on the doorstep told me for all intents and purposes West Kirby Fire Station is not operational at all and of course what about the most at risk site if he moves from Upton which is Arrowe Park Hospital?

The response times to that vulnerable site will be extended, so why the need to move a mile at a cost of over £4 million?

Assuming the Chief Fire Officer is right and they need a new fire station for whatever reason, why does it have to be on our precious green belt? A green belt that has, kept by this Council, has historically defended to the hilt, green belt that according to the very eminent Doctor Hilary Ash, Honorary Conservation Officer for Wirral Wildlife and the Wirral ??? and Cheshire Trust who says the proposed site is used as foraging for barn owls who are nesting on the north side of Saughall Massie Road, who says that bats are feeding here, who says that kingfishers were reported here, who says that if some of the green belt is lost here it would affect these species of protected wildlife along the corridor along there.

Surely this Committee and Council do not want to be responsible for neglecting its biodiversity duties?

Moving on, it’s come to light there’s been an ongoing string of emails. I’d like to thank Mr. Brace for this, because he got all these emails and I will say a long string of emails as you can see. These are them here so thank you Mr. Brace for your tenacity in getting those emails.

The emails are between senior fire officers and senior council officers, including senior planning officers. Therefore it’s no wonder that local people perceive that this is a done deal!

Look Chairman, Members for the avoidance of doubt I’m not saying that there has been any deal at all, I’m simply expressing views said to me by many residents who I represent and given the evidence who can blame them?

One of those emails was from Kieran Timmins. He was Deputy Chief Executive, I hear he’s retiring, I don’t know whether he’s quite gone so I’ll refer to him as the current Deputy Chief Executive of Merseyside Fire and Rescue Service and Council.

Officers talked about sites that had been discounted and sites considered in more detail. According to Mr. Timmins’ email, six sites were considered in more detail, however according to him there were only two runners left. Saughall Massie bypass, which is not the green belt site currently proposed and the library community hub site in Greasby.

Now having had the Greasby site withdrawn by the Leader of the Council, one has to ask why the other frontrunner, their second choice of Saughall Massie bypass described by Mr. Timmins as owned by Wirral Council and looks quite positive based on recent correspondence, was not then turned to. Instead a brand new green belt site, that has never been in the mix previously.

This site which we’re talking about tonight, has never been in the mix until Greasby was withdrawn. Where and how did Council officers suddenly identify a brand new site?

And this isn’t a case of NIMBY [Not In My Back Yard]ism, the site in Saughall Massie Road at the bypass is still in the north-west of Saughall Massie ward. The site at Saughall Massie Road/Upton bypass, like the Greasby site is not in greenbelt and while it’s wooded I checked with Council officers, there are no tree preservation orders on any of the trees. In fact one senior Council officer said the site would already have its own perimeter buffer with the trees that are already in situ.

So Chairman and Members here is a Council owned site that is not in green belt, that is described by Mr Timmins as looking positive. So the Chief Fire Officer’s assertions that there are no alternative sites is clearly is incorrect.

Now I know that the Committee raised earlier this is something that Wirral Planning Committee should a planning application be submitted, however this Committee can act before that in sending a message to Council and the Fire and Rescue Service that this Committee recommends to Council that this Committee asks Council to retain the protection of its green belt, as set by the Authority to stop inappropriate development, ask Council not to give, sell or lease the land concerned at Saughall Massie because of the value it has to the community and ask Council to continue work to work cooperatively with Merseyside Fire and Rescue Service in identifying and facilitating a more suitable site, for operational purposes and to maintain the amenity of local people.

And in closing Chair I will just say that site is available. It’s six hundred metres from this site we’re discussing tonight, it will add nothing or very little to the response times the Chief Fire Officer has been quoting, maybe fifteen or twenty seconds either way. Fifteen or twenty seconds closer to Upton, fifteen or twenty seconds further away from West Kirby and Hoylake.

And one final thing Chairman, that wasn’t in my initial thing but, given the floods we had last week and the horrendous scenes we had in Moreton, with over a hundred families displaced, that field, that green belt, was also underwater from the brook.

By building on that field, you’re taking away natural drainage, you are assisting the freak weather conditions that are becoming more and more frequent to flood that area.

So Chairman I would ask that this Committee fully supports the Notice of Motion that was put forward to Council but moved to this Committee and sends those messages back to the Council.

Thank you for your time Chairman and Members.”

Continues at Labour use casting vote to delay decision on Saughall Massie fire station land.

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Why is there a £17k to £19k discrepancy in allowances and expenses for councillors on Merseyside Fire and Rescue Authority?

Why is there a £17k to £19k discrepancy in allowances and expenses for councillors on Merseyside Fire and Rescue Authority?

Why is there a £17k to £19k discrepancy in allowances and expenses for councillors on Merseyside Fire and Rescue Authority?

                                                           

Current Chair of the Audit Sub Committee Cllr Denise Roberts is in the foreground of this photo from 27th November 2014 Background L to R former DCE Kieran Timmins  DCFO Phil Garrigan and councillor
Current Chair of the Audit Sub Committee Cllr Denise Roberts is in the foreground of this photo from 27th November 2014 Background L to R former DCE Kieran Timmins DCFO Phil Garrigan and councillor

There’s a discrepancy I’ve spotted. In the papers for the Merseyside Fire and Rescue Authority Policy and Resources Committee that meets on the 17th September 2015. There is a note in the Statement of Accounts (note 29) on page 59. It’s short so I’ll quote it below as it’s mainly information in a table.

29. Members’ Allowances

The Authority comprises of 18 councillors from the 5 districts of Merseyside. The total allowances paid to members within the year were:

  2014/15 2013/14
£000 £000
Allowances 225 239
Expenses 14 23
239 262

As you can see from the table above, for 2014/15 the total allowances paid to councillors is £225,000 and the total expenses for 2014/15 to councillors £14,000. The total for these two figures is £239,000.

On June 11th the Merseyside Fire & Rescue Authority met, agenda item 9 was Members Allowance Payments 2014/15. This agenda item contained a table detailing payments to councillors for 2014/15.

The total allowances detailed in that table for 2014/15 are £143,242.50 + £16,140 + £24,210.00 + £1.345.00 + £8,070.00 + £11,939.57 + £6,053.04 + £2,690.33 = £213,690.44

However £213,690.44 does not equal £225,000!

The difference is £11,309.56 +-£500!

The total expenses detailed in that table are £1,338.45 + £4,175.84 + £2,194.05 = £7,708.34

Again £7,708.34 does not equal £14,000.

This difference is £6,291.66 +-£500!

The two differences add up to a grand total of £17,601.22 +-£1000.

As the figures in the statement of accounts are rounded to the nearest £1000, this could be any figure between £16,601.22 and £18,601.20.

On the expenses side I can make an educated guess that the expenses paid directly by Merseyside Fire and Rescue Authority that are detailed on the 49 pages of expenses here for councillors weren’t in June being properly coded. Page 2 of a letter from Janet Henshaw states that this amount estimated at between £5,700 and £6,700 wasn’t being coded to each councillor as it would require going through approximately 12 monthly invoices and coding expenditure to 18 councillors (which is classed as a “wholly unreasonable use of scarce resources”).

I’ve totted up amounts in the first twenty-four pages and they total £3,068.04. Assuming the other pages are for broadly similar amounts that would make the total in the ballpark figure of £6,136.08 (which is within the range of £6,291.66 +-£500).

However I’m still at a loss as to why there’s a ~£11,309.56+-£500 difference on allowances for 2014/15!

Perhaps I should ask the auditor Grant Thornton what’s going on and also raise it with the councillors and officers?

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REVEALED: Minutes of the “secret” public meeting that privatised 7 of Merseyside’s fire stations

REVEALED: Minutes of the "secret" public meeting that privatised 7 of Merseyside’s fire stations

REVEALED: Minutes of the “secret” public meeting that privatised 7 of Merseyside’s fire stations

                                                  

A long time ago, in a county far,
far away….

It is a period of strife.
The rebel Conservative
and Lib Dem parties,
have won their first General
Election victory against
the Labour government.

During the battle, rebel
parties managed to steal secret
plans to the Labour government’s
ultimate weapon, private finance
initiatives, a financial device
with enough power to
cause mass privatisation.

Pursued by no one,
John Brace races home aboard a train,
with the secret plans that show
the Merseyside people which Labour
councillors signed up to this.


A long time ago there was a public meeting of the Merseyside Fire and Rescue Authority. This meeting took place on Tuesday 21st September 2010. However you won’t find this meeting on Merseyside Fire and Rescue Authority’s website and even the minutes of this meeting are on the instructions of councillors are to be kept a big secret.

So for the first time, in an exclusive for this blog here are partial minutes of that meeting when councillors agreed to a massive PFI contract for many of Merseyside’s fire stations (Belle Vale, Birkenhead, Bootle & Netherton, Formby, Kirkdale, Newton Le Willows & Southport). Merseyside Fire and Rescue Authority would pay the PFI contractor not just for rebuilding these fire stations, but for running these fire stations for many years after. The payments to the contractors made by Merseyside Fire and Rescue Authority increase each year under a formula linked to the rise in the Retail Price Index. The contracts that councillors agreed to at the meeting below make up the first three boxes on the left of the photo below.

The three boxes on the left comprise the PFI fire stations contract
The three boxes on the left comprise the PFI fire stations contract

NOT FOR PUBLICATION

This report contains EXEMPT information by virtue of paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972

MERSEYSIDE FIRE AND RESCUE AUTHORITY

SPECIAL MEETING

21st September 2010

PRESENT: Councillors Tony Newman (Chair), Jimmy Mahon, Dave Hanratty, Sharon Sullivan, Les Byrom, Colin Strickland, Robbie Ayres, Barbara Murray, Ted Grannell, Denise Roberts, Linda Maloney, Lesley Rennie, Gerry Ellis, Martyn Barber, Steve Niblock and Eddie Clein.

Apologies for absence were received from: Councillors Jimmy Kendrick and Andrew Blackburn Independent Member Keith Pickup


1. Preliminary Matters

The Authority considered if there were any declarations of interest, matters of urgency or items that may require the exclusion of the press and public because of the possibility of the disclosure of exempt information.

(a) The following declarations of interest were made in relation to items of business on the agenda:

  • Councillors Linda Maloney and Robbie Ayres declared an interest in Agenda Item 3 – CFO/138/10 – PFI Project Final Sign Off, as they both sit on St Helens Council Planning Committee.

    Councillor Mahon also declared an interest to this item as he sits on Sefton Council’s Planning Committee.

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(c) the following items of business required the exclusion of the press and public because of the possibility of the disclosure of exempt information:

  • Agenda Item 3 – CFO/138/10 – PFI Project Final Sign Off.
    This report contains EXEMPT information by virtue of paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972.
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2. Minutes of the Previous Meeting

The minutes of the previous meeting of the Authority, held on 24th June 2010 were approved as a correct record and signed accordingly by the Chair.

3. PFI Project Presentation

It was requested by the Assistant Chief Executive & Treasurer that Mr Skarratts – Fire Brigades Union representative be permitted to stay for the presentation and discussion of this item.

The Assistant Chief Executive and Treasurer and Mr. Schofield – PFI Project Manager gave a Power Point presentation to the Authority explaining the history of the Project from conception to the current day.

During the presentation Members were asked if they had a preference when building work was to commence as the building trade closes down for two weeks over the Christmas period.

Resolved that:

(a) Members had no preference when the building work was to commence as it would seem pointless to start work mid December then to close it down again.

(b) Noted that Balfour Beatty had confirmed they would do their utmost to drive the work forward to catch up and meet the deadline.

4. PFI Project Final Sign Off
(CFO/138/10)

This Minute is EXEMPT under paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972.

Members considered Report CFO/138/10 of the Assistant Chief Executive & Treasurer concerning the Final Sign Off of the North West Fire & Rescue Services Private Finance Initiative Project.

Resolved that:

(a) The Final Business Case be noted and endorsed, and its submission to CLG be approved;

(b) Arrangements for the North West Fire & Rescue Services PFI Project be approved on the basis of the financial terms and general principles contained within the report;

(c) The execution of the following documents (collectively known as “the Agreements”) be authorised:

  • The Project Agreement and its Schedules, being the principal agreement to be entered into between the Authority, Cumbria County Council and Lancashire Combined Fire Authorities (“the Authorities”) and Balfour Beatty Fire and Rescue NW Limited (“Project Co.”);
  • The Direct Agreement, being the agreement entered into between the Authorities, Nord LB and Dexia (“the Funders”) and Project Co. (“the Direct Agreement”);
  • The Collateral Agreements to be entered into between the parties set out below:

    – The Authorities, Mansell Construction Services and Project Co.;

    – The Authorities, Border Construction and Project Co.;

    – The Authorities, Balfour Beatty Workplace and Project Co.;

    – The Authorities, Blue Sky Architects and Project Co.;

    – The Authorities, and any other principal building sub-contractors or relevant members of the professional team; and

    – Any other Collateral Agreements required under the terms of the Project Agreement.

  • The Independent Certifier Deed of Appointment to be entered into between the Authorities, Project Co., the Funders and Gleeds;
  • The Co-operation Agreement being the agreement being entered into between (1) the Authority, (2) Cumbria County Council, and (3) Lancashire Combined Fire Authority in relation to the relationship between the Authorities for the duration of the Project (“the Co-operation Agreement”); and
  • Any other agreements, certificates, acknowledgements, waivers, notices, letters or other documents incidental to the documents listed above or otherwise necessary or desirable in connection with the Project.

(d) The Assistant Chief Executive & Treasurer (Kieran Timmins), or in his absence, the Director of Finance (Ian Cummins), be authorised to certify that the following contracts are intra vires in accordance with the Local Government (Contracts) Act 1997:

  • the Project Agreement and its Schedules; and
  • the Direct Agreement

(e) the Chief Executive & Chief Fire Office (Anthony McGuirk) or the Deputy Chief Executive & Deputy Chief Fire Officer (Michael Hagan) or the Assistant Chief Fire Office (Daniel Stephens) or the Assistant Chief Executive & Treasurer (Kieran Timmins) or the Director of Legal Services and Monitoring Office (Janet Henshaw) or the Deputy Clerk (Sarah Bourne) be authorised to execute the Agreements under seal on behalf of the Authority and agree that their execution of the Agreements should conclusively demonstrate approval by the Authority of the Agreements in their final form;

(f) the Chief Executive & Chief Fire Officer (Anthony McGuirk) or the Deputy Chief Executive & Deputy Chief Fire Officer (Michael Hagen) or the Assistant Chief Fire Officer (Daniel Stephens) or the Assistant Chief Executive & Treasurer (Kieran Timmins) or the Director of Legal Services and Monitoring Office (Janet Henshaw) or the Deputy Clerk (Sarah Bourne) (“the Relevant Officers”) as appropriate be authorised to take all necessary action in connection with the agreements, in consultation with Dickinson Dees LLP, the Authority’s legal advisers in relation to this Project; and in consultation with the Chairman of the Authority, or in his absence, the Deputy Chairman of the Authority;

(g) the Authority will indemnify any of the Relevant Officers in respect of any claims and costs relating to the contract arragements, provided that the Relevant Officer has acted reasonably and within the ordinary course of their duties.

(h) the Authority request the PFI Project Team to monitor the use of local economy and report back.

(i) Members placed their appreciation on record to the PFI Project Team for seeing the project through for the Authority.

(j) the Chief Executive & Chief Fire Officer placed his thanks on behalf of Officers to the Authority for supporting the PFI Project.

(k) noted that Kensington Fire Station was now complete; and

(l) requested information regarding Toxteth Community Hubs to be circulated to Members.

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Date of Next Meeting

Thursday 30th December 2010.


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