19th April 2005 - Minutes

BABERGH DISTRICT COUNCIL     

ANNUAL COUNCIL MEETING

MINUTES OF THE ANNUAL MEETING OF THE BABERGH DISTRICT COUNCIL HELD IN THE COUNCIL CHAMBER, COUNCIL OFFICES, CORKS LANE, HADLEIGH ON TUESDAY 19^TH APRIL  2005

PRESENT:     Mrs S P Clarke – In the Chair

   Mr P K Beer and Mr N A Bennett were unable to be present.

The proceedings were opened with prayer.

1     ELECTION OF CHAIRMAN

It was proposed and seconded that Mrs S M Wigglesworth be elected Chairman of the Council for the ensuing year.

RESOLVED

That Mrs S M Wigglesworth be elected Chairman of the Council for the ensuing year.

Mrs S P Clarke vacated the Chair and Mrs S M Wigglesworth thereupon made her Declaration of Acceptance of Office and presided over the meeting.

2     ELECTION OF VICE-CHAIRMAN

The following Members were proposed and seconded:-

Mr A C Bavington
Mr R W Thake

RESOLVED

That Mr R W Thake be elected Vice-Chairman of the Council for the ensuing year.

Mr R W Thake thereupon made his Declaration of Acceptance of Office.

3     MINUTES

RESOLVED

That the Minutes of the meeting held on 24^th February 2005 be confirmed and signed as a correct record.

4     DECLARATION OF INTERESTS

No interests were declared.

5     CHAIRMAN’S ANNOUNCEMENTS

(a)     Ms Pauline McBride

The Chairman welcomed back Ms Pauline McBride who has been appointed, on a short term basis, the Head of Legal and Administrative Services.

(b)     Councillors H N Todd and L H Young

The Chairman welcomed back Councillors Todd and Young from their recent illnesses. 

(c)     Events Attended

The Chairman informed the meeting of events attended on behalf of the Council by herself and the Vice-Chairman since the last meeting.

(d)     Chairman's Reception

Invitations will be sent out shortly for the Chairman's Reception that is to take place on the evening of Friday, 15^th July, 2005 at Old Buckenham Hall School, Brettenham Park.

6      TO RECEIVE NOTIFICATION OF PETITIONS IN ACCORDANCE WITH COUNCIL PROCEDURE RULE NO.13

In accordance with Council Procedure Rule No. 13, it was noted that the following petition had been received:

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 the 16^th March 2005 and will be considered in conjunction with any relevant report.

7     RECOMMENDATIONS AND REPORTS FROM COMMITTEES

(a)     Tackling Anti-Social Behaviour (Strategy Committee Minute No. 170 (b))

During the course of discussion of this item Mr R E Kemp asked a question relating to an Anti-Social Behaviour Order obtained in Long Melford.  The Head of Legal and Administrative Services agreed to provide Mr Kemp with a written response that would be circulated to all Members.

RESOLVED

(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)

It was noted that following the meeting of the Strategy Committee Officers had 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 were submitted as Paper E8.

RESOLVED

(1)     That the four year CPA Improvement Plan (2005/2009) as shown in Appendix 1 to Paper E8 be adopted.

(2)     That the one year CPA Improvement Plan (2005/2006) as shown in Appendix 2 to Paper E8 be approved.  Further that monitoring be undertaken by the appropriate Overview and Scrutiny Committee.

(c)     Improving Efficiency (Strategy Committee Minute No. 173)

It was noted that following the meeting of the Strategy Committee an updated Efficiency Statement was completed and sent to the Office of the Deputy Prime Minister on 15^th April 2005.  The updated Efficiency Statement was circulated as Paper E10.

RESOLVED

(1)   That the updated Efficiency Statement circulated as Paper E10 be endorsed.

(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)

RESOLVED

(1)     That the determination of whether an objection or representation under the Licensing Act 2003 is frivolous, vexatious or repetitious 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 19^th October 2004 be amended accordingly.

8     ANNUAL REPORT OF THE OVERVIEW AND SCRUTINY (STEWARDSHIP) COMMITTEE

Ms J A Jenkins, as Chairman of the Overview and Scrutiny (Stewardship) Committee introduced that Committee's Annual Report (Paper E1).

In accordance with the Constitution the Committee must submit an annual report to Council on its work during the previous year and make recommendations for future work programmes, and if appropriate, amended working methods.

It was noted that as a result of the outcome of the Members’ Seminar on the 19^th May on the Review of the Constitution the Work Plan may be amended accordingly.

RESOLVED

(1)     That the Committee's Annual Report be noted.

(2)     That the Committee's Work Plan for 2005/06 as outlined in Appendix 2 to Paper E1 be approved.

9     ANNUAL REPORT OF THE OVERVIEW AND SCRUTINY (COMMUNITY SERVICES) COMMITTEE

Mr B D Hurren, as Chairman of the Overview and Scrutiny (Community Services) Committee introduced that Committee’s Annual Report (Paper E2).

During the course of discussion of the Work Plan for 2005/06 it was agreed that the Committee should be requested to consider including the following items in the Work Plan:-

i)     Review of our approach on the Corporate priority of health improvement.

ii)     Future use and occupation of East House

iii)     Review the work and effectiveness of Babergh’s Crime and Disorder Reduction Partnership.

RESOLVED

(1)     That the Committee’s Annual Report be noted. 

(2)     That the Committee’s Work Plan for 2005/06 as outlined in Appendix 2 to Paper E2 be approved subject to that Committee being requested to include consideration of the matters referred to above.

10     QUESTIONS FROM THE PUBLIC

None received.

11     QUESTIONS FROM MEMBERS

None received.

12     POLITICAL BALANCE AND COMPOSITION OF COMMITTEES

Members had before them a report (Paper E3) by the Head of Legal and Administrative Services relating to the Council’s duty to review the allocation of seats to political groups and to approve the composition of its Committees.  Members were aware that the names of the Grouped Members listed in Appendix 2 were as notified by the Group Leaders.

RESOLVED

(1)     That the Committee sizes and numerical allocation of Committee seats be approved as set out below:-

(2)        That the ungrouped member, Mr C W Arthey, be appointed to serve on the Development Committee.

(3)        That the composition of Committees as set out below be noted:-

STRATEGY COMMITTEE

OVERVIEW AND SCRUTINY (STEWARDSHIP) COMMITTEE

OVERVIEW AND SCRUTINY (COMMUNITY SERVICES) COMMITTEE

DEVELOPMENT COMMITTEE

LICENSING AND APPEALS COMMITTEE

HADLEIGH AND DISTRICT SWIMMING POOL TRUST COMMITTEE

J C Brand
D H Keane
B L Lazenby

STANDARDS COMMITTEE

S P Clarke          Co-opted Members          Parish Council Representatives
N H J Irwin             
R E Kemp                        W Marley *                        J M Cole  *
N A Ridley                       J Newton   *                        P F Cook *

*  Appointed for 2 years with effect from 1 March 2004

13     APPOINTMENT OF SUBSTITUTES – COUNCIL PROCEDURE RULE No. 5

Members had before them a report (Paper E4) by the Head of Legal and Administrative Services setting out details of substitutes proposed to be appointed under Council Procedure Rule No. 5. 

At the meeting amendments to Paper E4 were put forward and these are incorporated in the resolution below.

RESOLVED

That substitutes be approved as set out below:-

STRATEGY COMMITTEE

OVERVIEW AND SCRUTINY (STEWARDSHIP) COMMITTEE

OVERVIEW AND SCRUTINY (COMMUNITY SERVICES) COMMITTEE

 DEVELOPMENT COMMITTEE

HADLEIGH AND DISTRICT SWIMMING POOL TRUST COMMITTEE

14            ELECTION OF CHAIRMEN OF COMMITTEES

RESOLVED

(1)     That Mr N A Ridley be elected Chairman of the Strategy Committee for the ensuing year.

(2)     That Mr C J Hunt be elected Chairman of the Overview and Scrutiny (Community Services) Committee for the ensuing year.

(3)     That Ms J A Jenkins be elected Chairman of the Overview and Scrutiny (Stewardship) Committee for the ensuing year.

(4)     That Mr R W Thake be elected Chairman of the Development Committee for the ensuing year.

(5)     That Mr B L Lazenby be elected Chairman of the Licensing and Appeals Committee for the ensuing year.

(6)     That Mr B L Lazenby be elected Chairman of the Hadleigh and District Swimming Pool Trust Committee for the ensuing year.

15        TASK GROUPS AND PANELS - (A) APPOINTMENT OF MEMBERS (B) ANNUAL REPORTS

Members had before them a report (Paper E5) by the Head of Legal and Administrative Services requesting the Council to consider appointing Members to serve on Task Groups/Panels, to note the progress of the Work Plans for 2004/05 (Appendix 1) and to approve their Work Plans for 2005/06 (Appendix 2). 

The report also proposed that a Procurement Task Group be established for 2005/06 and that should this be approved consideration would have to be given to appoint Members to serve on this Task Group.

RESOLVED

(1)     That the progress of the Task Group/Panels during 2004/05 as outlined in Appendix 1 to Paper E5 be noted.

(2)     That the following Task Group/Panels continue for 2005/06 and that Members be appointed to serve on them as set out below:-

Human Resources Panel

Substitutes for Staff Joint Consultative Committee (SJCC)

Pin Mill Task Group  

Village of the Year Awards Panel

Housing Panel

(3)     That the proposed Work Plans of the Task Group/Panels for 2005/06 as set out in Appendix 2 to Paper E5 be approved.

(4)     That a Procurement Task Group be established for 2005/06, that the Work Plan for this Group as set out in Appendix 3 to Paper E5 be approved.  Further that the following Members be appointed to serve on this Task Group

16     PROCUREMENT CHAMPION

It was noted that following further discussions Mr H N Todd has decided not to resign as the Council's Procurement Champion and would be willing to continue in this role.

RESOLVED

That the position be noted.

17     REPRESENTATION ON OUTSIDE BODIES AND REPORTS FROM REPRESENTATIVES

Mr C M Spence declared personal interests by virtue of his role as a Member of the Board of Suffolk West Primary Care Trust and a Member of the Sudbury Health and Social Care Steering Group, but indicated that his interest was such that he was able to speak and vote on the matter.

The Head of Legal and Administrative Services submitted a report (Paper E6) reviewing the Council's representation on various bodies.

During the year reports have been received from appointed Members as set out in Appendix 1 to Paper E6 and the annual report of the CEP - Sudbury Community Areas Forum was attached as Appendix 2.

The Head of Legal and Administrative Services also referred to Paper E6 (revised) which had been circulated by e-mail to all Members providing an update to information contained in Appendix 1 to Paper E6.

The revised report also requested the Council to consider an invitation to be represented on the Sudbury Health and Social Care Steering Group and make an appropriate Member appointment.

The following Members were proposed and seconded as the Council’s representative:-

Mr N MacMaster
Mr J R A Sayers

The meeting was also advised verbally that:-

Dedham Vale and Stour Valley Joint Advisory Committee – a report by C J Hunt had been included in a distribution to all Members.

Babergh Crime and Disorder Crime Reduction Partnership Responsible Authorities Group – a report by S Carpendale had been circulated via e-mail.

Suffolk Health Overview and Scrutiny Committee – a report by Dr M R Miller had already been circulated.

RESOLVED

(1)     That the information contained in Appendix 1 to Paper E6, as updated in Paper E6 (revised) and further updated at the meeting be noted.

(2)     That Mrs S M Wigglesworth be appointed to represent the Council at meetings relating to Hanover at Home requiring Member representation, pending the possible formalisation of the new arrangements for the operation of the Agency.

(3)     That the annual report of the CEP – Sudbury Communities Area Forum (Appendix 2 to Paper E6) and its continued success be noted.

(4)     That Babergh District Council accepts the invitation to be represented on the Sudbury Health and Social Care Steering Group and that Mr J R A Sayers be appointed as the Council's representative for the remainder of the current term of office.

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

RESOLVED

That pursuant to Section 100(A)4 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.

19     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 1)

During the course of discussion of this item Councillors Brand, Keane and Lazenby indicated that as they were members of the Hadleigh and District Swimming Pool Trust Committee they would not vote on the matter.

An amendment was proposed and seconded that the words “subject to the agreement of the Hadleigh and District Swimming Pool Trust Committee and the Charity Commission” be added to recommendations (1) and (2).  On being put to the vote the amendment was lost.

RESOLVED

(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.

Note:    Mr A C Bavington and Mr J J Quinlan voted against the decision above and requested that this be recorded in the Minutes.

During the consideration of the item referred to in Minute No. 19 above the Council adjourned for lunch at 1.15 p.m. and resumed at 1.55 p.m. when the following Members were present:-

Mrs S M Wigglesworth - Chairman

Note:    The meeting adjourned between 11.10 and 11.35 a.m. for refreshments.

The business of the meeting was concluded at 2.25 p.m.

………………………………………..
Chairman