Dear Sir/Madam

A meeting of the Babergh District Council will be held in the Council Chamber, Council Offices, Corks Lane, Hadleigh on TUESDAY, 17 APRIL 2007 AT 9.30 A.M.

The proceedings will be opened with Prayer.

Yours faithfully

Andrew Hunkin

Head of Corporate Services

Members are asked to bring with them to the meeting Paper F178 which was previously circulated to relevant Committee Members and made available on BEN:-

Any Member wishing to be supplied with a hard copy of the report is asked to contact Committee Services prior to the day of the meeting.

ITEM

BUSINESS

PART I

	1	MINUTES To confirm and sign the Minutes of the meeting held on 26 February 2007 as a correct record.
	2	DECLARATION OF INTERESTS Members to declare any interests as appropriate in respect of items to be considered at this meeting.
	3	APOLOGIES FOR ABSENCE To receive apologies for absence.
	4	CHAIRMAN’S ANNOUNCEMENTS
	5	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 a petition as detailed below. There can be no debate or comment upon this matter at the Council meeting.
		Village Pond at Laurel Drive, Long Melford Petition signed by approximately 156 residents requesting the reinstatement of the pond to its original area, and the restoration of its wildlife population. [The pond was dredged in March]. Receipt of the petition will be reported to the Development Committee and dealt with by the Head of Contract and Asset Management.
Paper F178 previously circulated	6	RECOMMENDATIONS AND REPORTS FROM COMMITTEES – NOTICE OF MOTION – BROWN BIN GARDEN WASTE COLLECTION SERVICE (Overview and Scrutiny (Community Services) Minute No. 44 and Strategy Committee Minute No. 105(b)) At its meeting on 19 December 2006, the Council received the following Motion from Mr R E Kemp of which due notice had been given:- “That Babergh District Council offers its Brown Bin Garden Waste Collection Service free to persons who are registered disabled on the basis that, because they may not have the physical ability to compost or dispose of their garden waste, they do not have the choice available to non-disabled persons and therefore have no alternative but to pay for a collection service.” The Notice was referred for investigation by the Overview and Scrutiny (Community Services) and Strategy Committees at their meetings on 6 February and 8 March 2007 respectively.
		Overview and Scrutiny Committee Minute No. 44 is summarised below:- The Head of Natural and Built Environment submitted a report (Paper F178) concerning the Notice of Motion submitted to the Council on 19 December 2006 (Minute No. 66 refers). In the ensuing discussion the following were among the points noted:- · The Council is under no statutory obligation to collect garden waste, and the relevant regulations empower waste collection authorities to make a reasonable charge where such a service is offered. · In line with the Council’s strategic charging policy, appropriate reductions are applied for those in hardship, based on ability to pay. This is generally based on a benefits related means test. · In the event of registered disability, and no other assistance being available in a household, steps are taken to help residents – for example, assisted bin collections. The Committee concluded that the Notice of Motion should not be accepted and its recommendation was agreed by the Strategy Committee. RECOMMENDED TO COUNCIL That the Notice of Motion set out above be not accepted, and that the current arrangements for the collection of garden waste remain, with charges being reduced for qualifying individuals in accordance with the Council’s strategic charging policy.
Paper F216	7	ANNUAL REPORT OF THE OVERVIEW AND SCRUTINY (STEWARDSHIP) COMMITTEE Report attached.
Paper F217	8	ANNUAL REPORT OF THE OVERVIEW AND SCRUTINY (COMMUNITY SERVICES) COMMITTEE Report attached.
Paper F218	9	ANNUAL REPORT OF THE STANDARDS COMMITTEE Report attached.
	10	QUESTIONS FROM THE PUBLIC The Chairmen of Committees to answer any questions from the public of which notice has been given prior to the meeting in accordance with Council Procedure Rule No. 14.
	11	QUESTIONS FROM MEMBERS The Chairman of the Council and the Chairmen of Committees and Sub-Committee 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 notice has been given in accordance with Council Procedure Rule No. 15.4(a) and (b).
	12	MEMBERSHIP OF COMMITTEES FOR NEW TERM OF OFFICE (a)  Proposed arrangements for Appointing Ungrouped Members to Committees, etc. The Head of Corporate Services to report that at Annual Meeting on 17 May 2007 the Council will need to appoint Members to serve on Committees and outside bodies. It is necessary for machinery to be agreed to enable a draft list to be prepared for consideration at the Annual Meeting. In this connection, as has happened previously, the Council is asked to agree to the draft list being compiled by the Chairman of the Council who remains in office in that capacity until the Annual Meeting. Details of this suggested procedure and timetable are set out below for consideration and it is RECOMMENDED that this be approved:- 3 May 2007 Election Day 4 May 2007 Councillors elected 4 May 2007 Head of Corporate Services to write to Councillors asking them to indicate
		(a) which Committees, Task Groups and Panels etc. they wish to be considered to serve on (b) nominations for appointments on outside bodies
		8 May 2007 Latest date for receipt of Members’ preferences and nominations 9 May 2007 Meeting with Group Leaders and Chairman of the Council to agree draft Committee, etc. lists 10 May 2007 Draft Committee etc. lists to be prepared for consideration by Council at the Annual Meeting 10 May 2007 Draft Committee etc. lists to be sent to all Members 17 May 2007 Annual Council Meeting
		(b) Proposed Arrangements for Appointing Members in Political Groupings to Committees, etc The Head of Corporate Services to report on the arrangements if two or more Members decide following the elections to form themselves into a political group or groups for Committee composition purposed under the Local Government and Housing Act 1989. In this situation those Members who had formed themselves into such a group(s) would not normally be allocated Committee seats in accordance with the arrangements referred to in (a) above. The normal procedure for such Members would be that at the Annual Meeting the Council would merely allocate the number of Committee seats for political group(s) according to the formula laid down in the Local Government and Housing Act 1989. This basically provides for Members of a political group to have the appropriate number of seats on Committees in proportion to their membership of the whole Council. Once the number of Committee seats has been allocated to the group(s), then the group(s) has to be given a period of time of up to 21 days (as provided for in the Act) in which to nominate the Members to serve on those Committees. However, the leaders of the Labour, Conservative, Lib-Dem and Independent Groups have been asked whether they would be agreeable to a much shorter period for submitting nominations (as happened at the time of the last election) as otherwise it would not be possible for any Committee meetings to be held until approximately 4 weeks after the Annual Meeting of the Council on 17 May 2007. On the basis that any political group leader(s) would agree to submit nominations for Committee seats at an earlier date to enable the business of the Council to be carried out expeditiously, the following arrangements are proposed:-
		8 May 2007 Notice of formation of any political group(s) for Committee composition purposes to be delivered to the Head of Corporate Services if these are to take effect from the Annual Council Meeting.
		9 May 2007 Meeting with Group Leaders (and Chairman of the Council if appropriate) to agree draft Committee, etc. lists. 17 May 2007 Annual Council Meeting. It is RECOMMENDED:- (1)     That the above procedures be approved (but accepting that any political groups are able to deliver nominations for allocated seats outside the timetable contained therein should they wish). This will enable the business of the Council to be carried out effectively without undue delays in the initial weeks following the election. (2)     Where the Council or any Committee has determined the allocation to different political groups of the seats on a body to which Section 15 of the Local Government and Housing Act 1989 applies, the Head of Corporate Services be delegated the power to make appointments to that body so as to give effect:- (a)     as soon a practicable after the determination, and (b)     if the vacancy subsequently occurs on that body, as soon as practicable after the occurrence of the vacancy about who is to be appointed to the seats on that body which are allocated to a particular political group as are expressed by that group.
Paper F219	13	BRITISH FORCES FREE POSTAGE POSITION The Chief Executive to report that a letter (attached as Paper F219) has been sent to all English local authorities by Tewkesbury Borough Council, requesting support to a Motion seeking reinstatement of a free parcel service to British Forces and their families stationed overseas. The Political Leaders Group recommends the Council to support the Motion.

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 Linda Sheppard on 01473 826610 or via email at committeeservices@babergh.gov.uk