18th October 2005 - Agenda

10 October 2005

TO:      THE CHAIRMAN AND MEMBERS OF BABERGH DISTRICT COUNCIL

Dear Sir/Madam

A meeting of the Babergh District Council will be held in the Council Chamber, Council Offices, Corks Lane, Hadleigh on TUESDAY, 18 OCTOBER 2005 AT 9.30 A.M.

The proceedings will be opened with Prayer.

Yours faithfully

Acting Head of Legal and Administrative Services

Members are requested to bring with them to the meeting the following papers which have been previously circulated to relevant Committee Members and made available on BEN:-

Papers E111 and E155

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

PART I

	1	MINUTES   To confirm and sign the Minutes of the meeting held on 6 September 2005 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 any petitions submitted.  There can be no debate or comment upon these matters at the Council meeting.
	6	RECOMMENDATIONS AND REPORTS FROM COMMITTEES
Paper E111 previously circulated		(a)      Review of the Council’s Housing and Homelessness Strategy and Business Plan (Overview and Scrutiny (Community Services) Committee Minute No. 25 and Strategy Committee Minute No. 57)                     Mrs S M Wigglesworth, Chairman of the Housing Panel, attended the meeting of the Overview and Scrutiny (Community Services) Committee on 23 August 2005 to present the Panel’s report (Paper E111) following its review of the Council’s 2004-2009 Housing Strategies and Business Plan.  Members noted that relatively few changes were suggested and that the Housing Panel considered that good progress was being made with the Action Plans.  Mrs Wigglesworth referred to the main areas covered by the Panel’s recommendations which related to the need for more investment in Affordable Housing and tackling Crime and Disorder, the new Government initiative for Choice Based Lettings, and a countywide approach to housing successful asylum seekers.  During the course of the discussion, Members raised various matters including the effect on waiting lists of the Affordable Housing proposals and Choice Based Lettings, land availability for future building, the role of the Council’s Estate Ranger and the operation of Shared Ownership Schemes and Section 106 Planning Obligations.             Members also agreed that the two places on the Choice Based Lettings Development Group for elected Members who were not on the Housing Panel should be filled by Members of the Overview and Scrutiny (Community Services) Committee.  The names of Mr D G Grutchfield and Mr J R A Sayers were put forward for inclusion in the Committee’s recommendations.             The Overview and Scrutiny (Community Services) Committee accepted the Housing Panel’s recommendations contained in paragraph 2 of Paper E111, with the addition to paragraph 2.2 of the wording shown in italics below:-              That (a) a Choice Based Lettings Development Group be established to undertake the tasks detailed in section 4B of Paper E111 (b) the Group’s membership includes 5 elected Members, three of which to be Housing Panel Members and the remaining two to be Members of the Overview and Scrutiny (Community Services) Committee and (c) the Council be asked to appoint Mr D G Grutchfield and Mr J R A Sayers to serve on the Group.            At the Strategy Committee meeting on 15 September Mr C J Hunt, Chairman of the Overview and Scrutiny (Community Services) Committee presented that Committee’s  recommendations.              During the discussion of this item concern was expressed over the membership of the Choice Based Lettings Development Group referred to in Section 4B of Paper E111.  It was suggested that whilst there was no objection to part of the Group’s membership coming from the Housing Panel the remaining Members should be agreed at the Council Meeting  following consideration by the Group Leaders.             The recommendations of the Overview and Scrutiny (Community Services) Committee were accepted by the Strategy Committee subject to the amendments shown in italics, to Recommendations (2) and (5).             RECOMMENDED   (1)     That the updated Affordable Housing Programme, as detailed in Appendix 1 to Paper E111 be approved.   (2)         That (a) a Choice Based Lettings Development Group be established to undertake the tasks detailed in section 4B of Paper E111 (b) the Group’s membership includes 5 elected Members, at least three to be Housing Panel Members.  The remaining two appointments to be made at Council following consultation with Group Leaders.   (3)          That the current allocation of £100,000 per annum for Registered Social Landlords to provide affordable housing be increased to £200,000 per annum, subject to consideration through the Council’s Service and Financial Planning process.   (4)         That up to twelve properties a year in the Babergh District be provided for successful asylum seekers from Ipswich Borough Council as part of a Suffolk wide agreement as detailed in Section 4D of Paper E111.   (5)         That the temporary posts of Estate Ranger (Post JO32T) and the Anti-Social Behaviour Co-ordinator (Post JO29) be made permanent and that 100% of Post JO32T and 25% of Post JO29 be funded by the Housing Revenue Account. Further, that the remaining 75% of Post JO29 be funded from the General Fund, subject to consideration through the Council’s Service and Financial Planning process and subject to the funding split being reviewed after 12 months.                   NOTES   1.      The Council is asked to approve the recommendations of the Strategy Committee as set out in (1) to (5) above.   2.             Group Leaders have been asked to consider nominations for two Members to serve on the Choice Based Lettings Group, as referred to in (2) above.
Paper E155 previously circulated		(b)     Risk Management and Internal Control (Overview and Scrutiny (Stewardship) Committee Minute No. 43)            The Head of Finance and Performance Review presented a report (Paper E155) explaining the need for the Terms of Reference of the Overview and Scrutiny (Stewardship) Committee to be updated to reflect the Committee’s proposed role and responsibilities on risk management and internal control.  New arrangements for the review of the Council’s statement on internal control were also proposed.  These included a recommendation that a small Member Group, consisting of two or three Members, should review the current statement on internal control.             RECOMMENDED            That the Terms of Reference for the Overview and Scrutiny (Stewardship) Committee be updated to refer to the Committee’s risk management and internal control responsibilities, as set out in Appendix 1 to Paper E155.                    ……………………………..
	7	QUESTIONS FROM THE PUBLIC   The Chairmen of Committees to answer any questions from the public of which notice has been given no later than mid-day two working days before the date of the meeting in accordance with Council Procedure Rule No. 14.
	8	QUESTIONS FROM MEMBERS   The Chairman of the Council and the Chairmen of Committees and Sub-Committees 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 due notice has been given in accordance with Council Procedure Rule No. 15. 4 (a) and (b).   Councillor J R A Sayers has asked the following question of the Chairman of the Council:-   “Does Babergh District Council have a complete and up to date record of land in its ownership?”
Paper E166	9	STATE OF THE DISTRICT   Joint report by Geoff Kistner, Corporate Director, and the Corporate Support Manager attached.
Paper E167	10	APPOINTMENT OF BABERGH MEMBERS TO THE BOARD OF SOUTH SUFFOLK LEISURE (NPDO)   The Head of Leisure and Community Services to report that Babergh has agreed to create its own local Trust to manage the Kingfisher Leisure Centre, Sudbury and Hadleigh Swimming Pool.  The Trust will be a charitable company limited by guarantee with a Board made up of representatives from the Council and the community.   At its meeting on 4 August 2005, Strategy Committee approved the memorandum and articles of association.  These provide for two Babergh Councillors to be trustees and serve on the Board.  The Board will be responsible for the business of the company.   The liability of Members of the Board is limited and will be a nominal sum of £1.00.  Board Members will be paid expenses but no salary.  The Board is likely to meet monthly in its initial stages at venues to be agreed.   Board Members have to act in the interests of the Trust.  Monitoring of the performance of the Trust will be undertaken by the Council in accordance with the terms of the funding and management agreement.  There will also be Key Performance Indicators.   The process for appointing Board Members from the community is now well underway. An open evening was held in September and formal interviews took place on 13 October.  The Board will meet in November.  Accordingly, it is necessary to consider the appointment of the two Babergh Councillors to be trustees to serve on the Board.    Lawrence Graham, the Solicitors acting for the Council in the creation of the Trust, have provided a person specification for Board Members and a copy of this is attached as Paper E167.   The Hadleigh and District Swimming Pool Trust Committee (John Brand, Desmond Keane and Brian Lazenby) has suggested that one of the two Babergh Trustees should be a member of that Committee.   The Council is asked to appoint two Babergh Councillors to serve on the Trust  Board.
	11	AUDITORS REPORT ON THE 2004/05 FINANCIAL STATEMENTS
Paper E168		The Head of Finance and Performance Review to report that the Auditor’s work is now substantially complete and it is anticipated that an unqualified opinion on the accounts will be issued.  There are no material matters to be brought to the attention of Members and only one issue to note, which is set out in paragraph 6 of the Auditor’s report (Paper E168 attached).
	12	MR N MACMASTER
		The Acting Head of Legal and Administrative Services to report that Mr N MacMaster has been unable by reason of ill health to attend meetings of the District Council in recent months and that his last attendance was at the meeting of the Development Committee on 8 June 2005.   Section 25 of the Local Government Act 1972 provides that if a Member of the Local Authority fails throughout a period of 6 consecutive months from the date of his last attendance to attend any meeting of the Authority, he shall, unless the failure was due to some reason approved by the Authority before the expiry of that period, cease to be a Member of the Authority.   It is not known when Mr MacMaster’s health will allow him to resume attendance at District Council meetings.   The Council is, therefore, asked to approve Mr MacMaster’s ill health as a reason for his failure to attend meetings of the District Council.