19th April 2005 - Agenda

TO:  THE CHAIRMAN AND MEMBERS OF BABERGH DISTRICT COUNCIL

11 April 2005

Dear Sir/Madam

The Annual meeting of the Babergh District Council will be held in the Council Chamber, Council Offices, Corks Lane, Hadleigh on TUESDAY, 19^TH APRIL 2005 AT 9.30 A.M.

The proceedings will be opened with Prayer.

Yours faithfully

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 D240, D261, D262 and D266

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

 

ITEM					BUSINESS
PART I
	1		ELECTION OF CHAIRMAN
	2		ELECTION OF VICE-CHAIRMAN
	3		MINUTES To confirm and sign the minutes of the meeting held on 24th February 2005 as a correct record.
	4		DECLARATION OF INTERESTS Members to declare any interests as appropriate in respect of items to be considered at this meeting.
	5		APOLOGIES FOR ABSENCE To receive apologies for absence.
	6		CHAIRMAN'S ANNOUNCEMENTS
	7		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. Application No. B/05/00281/TEL/GP – Installation of radio base station and equipment, Addison Road, Sudbury Petition signed by approximately 130 residents of Babergh which was reported to Development Committee at its meeting held on 16th  March 2005 and will be considered in conjunction with any relevant report.
		8		RECOMMENDATIONS AND REPORTS FROM COMMITTEES
				To consider the recommendations of Committees contained in the following:-
				a)       Tackling Anti-Social Behaviour (Strategy Committee Minute No. 170 (b)
Paper D240 previously circulated				Also in attendance for this item was Sally Scott, the Anti-Social Behaviour Network Officer  who is employed by the Council and based at Sudbury Police Station.  It was agreed that Mrs Scott's details would be given to all Members who would also receive copies of Anti-Social Behaviour incident forms. Members recognised the importance to giving publicity to Anti-Social Behaviour Orders in cases where it is appropriate to do so taking into account legal and government guidance.  It was also accepted that local members should be advised in advance of any Anti-Social Behaviour Orders being sought.   During consideration of the item it was accepted that consideration needed to be given as to future monitoring  and this would be an appropriate role for the Overview and Scrutiny (Community Services) Committee and the Babergh Crime and Disorder Reduction Partnership Responsible Authorities Group. RECOMMENDED TO COUNCIL (1)     That the revised Tackling Anti-Social Behaviour statement as detailed in Appendix 1 to Paper D240 be approved and be made available to Council tenants. (2)     That the Head of Leisure and Community Services be the named officer in the event of the Police wishing to close premises and issue Part 1 and Part 4 notices in relation to the Anti-Social Behaviour Act 2003. (3)     That the power to apply for Demotion Orders and Anti-Social Behaviour Injunctions be delegated to the Head of Housing. (4)     That the power to serve fixed penalty notices under Part 6 of the Anti-Social Behaviour Act 2003 be delegated to the Head of Environmental Services (5)     That the power to serve high hedge remedial notices under Part 8 of the Anti-Social Behaviour Act 2003 be delegated to the Head of Planning (Control). (6)     That monitoring of Anti-Social Behaviour Issues  be undertaken through an annual report to the Overview and Scrutiny (Community Services) Committee and the Babergh CDRP Responsible Authorities Group.
				(b)          CPA Improvement Plan (Strategy Committee Minute No.172)
Paper D261 previously circulated				The Corporate Support Manager submitted a report (D261) advising that following the publication of the Audit Commission report on the Comprehensive Performance Assessment (CPA) an improvement plan  has been prepared. A four year improvement plan was attached as Appendix 1 to Paper D261 and a one year improvement plan (which sets out in detail how improvements in 2005/06 will be achieved) was attached as Appendix 2.  Since the report had been prepared the comments of the Audit Commission's relationship manager had been received and these would be updated in the appendices together with a new numbering mechanism which clarifies the links between the aims, actions and outcomes. It was agreed that an executive summary would be provided outlining the main aims and objections when the report is to be considered by  Council. RECOMMENDED TO COUNCIL  (1)     That subject to any further proposed changes to be incorporated following the Audit Commissions comments:-   a)      The four year CPA Improvement Plan (2005/2009) as shown in Appendix 1 to Paper D261 be adopted.  b)      The one year CPA Improvement Plan (2005/2006) as shown in Appendix 2 to Paper D261 be approved.  Further that monitoring be undertaken by the appropriate Overview and Scrutiny Committees.
Paper E8				Following the meeting of the Strategy Committee, officers met with the Relationship Manager where she “signed off” the Improvement Plan with only a few amendments.  Revised copies of the Four-Year CPA Improvement Plan, the detailed 2005/06 Improvement Plan together with an executive summary of the Four-Year CPA Improvement Plan are attached as Paper E8. The Strategy Committee also asked that the numbering mechanism for the Four-Year plan be reconsidered, and this has been changed to clarify the links between the Aims, Actions and Outcomes.
				(c)     Improving Efficiency (Strategy Committee Minute No. 173)
Paper D262 previously circulated				Geoff Kistner, Corporate Director and the Head of Finance and Performance Review submitted a joint report (Paper D262) advising that the Council is required to make annual efficiency gains of 2.5% and to submit annual efficiency statements to the Office of the Deputy Prime Minister. It was noted that since the report had been prepared further guidance on submitting annual efficiency statements had been received and as a result it would be necessary to re-word Section 4 of the Efficiency Statement attached as an Appendix to Paper D262. One of the key issues is to determine the organisational arrangements of how the efficiency agenda should be addressed and a suggested approach indicating which current groups/committees supported by specific lead officers would be involved and how they would link into an overall efficiency assessment was outlined in Paragraph 4.3 of Paper D262. RECOMMENDED TO COUNCIL (1)     That the draft Efficiency Statement contained in the Appendix to Paper D262 be approved subject to the Chairman of the Strategy Committee, in conjunction with the Chief Executive and Geoff Kistner, Corporate Director, being authorised to make any final adjustments they consider appropriate. (2)     That the organisational approach to the assessment of efficiency described in Paragraph 4.3 of Paper D262 be approved.
				(d)     The Licensing Act – Officer Delegation (Licensing and Appeals Committee Minute No. 37)
Paper D272 previously circulated				Members had before them copies of ‘The Licensing Act 2003: Statement of Licensing Policy’, effective 7th January 2005 until 7th January 2008 and ‘Guidance issued under section 182 of the Licensing Act 2003’ circulated at the meeting. Members considered Paper D272 from the Head of Legal and Administrative Services and discussed whether the Licensing and Appeals Committee should determine if a relevant representation was frivolous, vexatious or repetitious or whether, in the light of recent Licensing Regulations, the determination should be delegated to the Head of Legal and Administrative Services.  Members accepted that it would be difficult to meet the statutory timescale imposed by the new Regulations, which include a new requirement that written notice be given of the decision that a representation is frivolous, vexatious or repetitious prior to determination of the application itself, if the Committee itself had to meet to determine such representations.  It was agreed that delegation was appropriate but that a relevant Committee Member should be consulted as part of that process. RECOMMENDED TO COUNCIL  (1)     That the determination of whether an objection or representation under the Licensing Act 2003 is frivolous, vexatious or repetitious should be delegated to the Head of Legal and Administrative Services in consultation with either: (a)     the Chairman of the Committee; or (b)     the Vice Chairman of the Committee; or (c)     another Member of the Committee (2)          That the Scheme of Delegation approved by the Council on 19th October 2004 be amended accordingly.
		9		ANNUAL REPORT OF THE OVERVIEW AND SCRUTINY (STEWARDSHIP) COMMITTEE
Paper E1				Report by the Overview and Scrutiny (Stewardship) Committee attached.
		10		ANNUAL REPORT OF THE OVERVIEW AND SCRUTINY (COMMUNITY SERVICES) COMMITTEE
Paper E2				Report by the Overview and Scrutiny (Community Services) Committee attached.
		11		QUESTIONS FROM THE PUBLIC
				The Chairmen of Committees to answer any questions from the public of which notice has been given no later than midday two working days before the day of the meeting in accordance with Council Procedure Rule No.14.
		12		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).
		13		POLITICAL BALANCE AND COMPOSITION OF COMMITTEES
Paper E3				Report by the Head of Legal and Administrative Services attached.
		14		APPOINTMENT OF SUBSTITUTES – COUNCIL PROCEDURE RULE NO. 5
Paper E4				Report by the Head of Legal and Administrative Services attached.
		15		ELECTION OF CHAIRMEN OF COMMITTEES
				To elect a Chairman for each of the following Committees:-
				Strategy Overview and Scrutiny (Community Services) Overview and Scrutiny (Stewardship) Development Licensing and Appeals Hadleigh and District Swimming Pool Trust
				NOTE:  Standards Committee appoints its own Chairman.
		16		TASK GROUPS AND PANELS (A) APPOINTMENT OF MEMBERS (B) ANNUAL REPORTS
Paper E5				Report by the Head of Legal and Administrative Services attached.
		17		REPRESENTATION ON OUTSIDE BODIES AND  REPORTS FROM REPRESENTATIVES
Paper E6				Report by the Head of Legal and Administrative Services attached.
		18		PROCUREMENT CHAMPION
				To note that Mr H N Todd has resigned as the Council’s Procurement Champion and that consideration needs to be given to appoint a replacement Member.
		19		EXCLUSION OF THE PUBLIC (WHICH TERM INCLUDES THE PRESS)
				To consider whether pursuant to Section 100(A)4 of the Local Government Act 1972, the public should 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.
PART II
		20		NON-PROFIT ORGANISATION – MANAGEMENT OF KINGFISHER LEISURE CENTRE AND HADLEIGH POOL (Strategy Committee Minute No. 176) (Exempt information by virtue of Paragraphs 9 and 12 of Part I)
Paper D266 previously circulated				The Committee considered Paper D266, a report by the Procurement Working Group that had reviewed the options available for the future management of the Kingfisher Leisure Centre Sudbury and Hadleigh Swimming Pool. RECOMMENDED TO COUNCIL (1)     That the Council establishes its own non-profit distributing organisation (NPDO) by forming a charitable company limited by guarantee, for the provision of the delivery of services at Kingfisher Leisure Centre, Sudbury and Hadleigh Swimming Pool.  (2)     That Kingfisher Leisure Centre, Sudbury and Hadleigh Swimming Pool be leased to the NPDO for a term of 25 years, subject to the Council reserving the right to remove the existing Hadleigh Swimming Pool from the lease in the event of the Council’s repair and maintenance obligations being considered unreasonable to the Council in view of the age and condition of the facility. (3)     That in the event of a new swimming pool being provided by the Council in Hadleigh it be managed through the NPDO (4)     That Contracts Procedure Rule No. 3 be suspended to enable a contract to be entered into with Lawrence Graham Solicitors, without obtaining competitive tenders. (5)     That, subject to the Head of Leisure and Community Services negotiating acceptable terms, Lawrence Graham Solicitors be appointed to manage the NPDO process on the Council's behalf.
Paper E7				An additional report prepared by the Procurement Working Group is attached.
				Note: A buffet lunch will be provided for Members in the Courtyard  Restaurant.

Paper E10- Circulated at the meeting.

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