BABERGH DISTRICT COUNCIL

COUNCIL MEETING

MINUTES OF A MEETING OF THE BABERGH DISTRICT COUNCIL HELD IN THE COUNCIL CHAMBER, COUNCIL OFFICES, CORKS LANE, HADLEIGH ON THURSDAY 23 FEBRUARY 2006

PRESENT: Mrs S M Wigglesworth – Chairman

The following Members were unable to be present:- Mr A C Bavington, Mr J C Brand, Mr N H J Irwin, Ms J A Jenkins, Mr J A B Long, Mr N MacMaster, Mr J W Roberts and Mr H N Todd.

The proceedings were opened with Prayer.

74     MINUTES

Mr N A Ridley referred to his Declaration of Interest recorded in Minute No. 63 in relation to land east of Carsons Drive, Great Cornard (Minute No. 66(c) refers) which was shown as being a prejudicial interest, but was in fact a personal interest.

RESOLVED

That the Minutes of the meeting held on 13 December 2005 be confirmed and signed as a correct record, subject to the final paragraph of Minute No. 63 being reworded as set out below:-

Mr N A Ridley declared a personal interest in that part of the item referred to in Minute No. 66(c) by virtue of his Chairmanship of the Gainsborough House Society, and advised that whilst the nature of his interest would not preclude him from so doing, he would not speak or vote on any part of that item that related to the Society.

75     DECLARATION OF INTERESTS

The following Members all declared personal interests in the items referred to below in the capacity indicated, but advised that they would speak and vote on the relevant matter:-

Mr B L Lazenby declared a personal and prejudicial interest as a Trustee of South Suffolk Leisure Trust in Minute No. 78(a), and was not present during the discussion of this item. He also declared a personal interest in this item by virtue of his membership of the Hadleigh Town Council.

Mr C M Spence subsequently declared a prejudicial interest by reason of a family connection with a tenant in the item referred to in Minute No. 78(d) and was not present during its discussion.

Mr J M Owen subsequently declared a prejudicial interest as a Trustee of South Suffolk Leisure Trust in Minute No. 78(a), and was not present during the discussion of this item.

76     CHAIRMAN’S ANNOUNCEMENTS

(a)     Events Attended

The Chairman informed the meeting of events attended on behalf of the Council.

(b)     Mr G Kistner

Members were aware that this would be the last Council meeting attended by Mr Kistner prior to his forthcoming retirement. The Chairman thanked Mr Kistner for his tremendous contribution and his loyalty to the Council and the residents of Babergh. She wished him a very happy retirement on behalf of all Members, and Mr Kistner responded by thanking Members for their friendship and support and referring to the good working relationship between Members and Officers at Babergh.

(c)     Visitors to the Meeting

The Chairman welcomed to the meeting two Post Graduate Students, one from Armenia and one from Japan, both of whom were studying at the University of Essex and sponsored by the British Council.

77     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 petitions had been received:-

Wherstead Hall Development

Petition signed by approximately 26 signatories which was reported to Development Committee at its meeting on 4 January and considered in conjunction with the relevant report.

East House, Hadleigh

It was noted that two petitions had been received, one signed by approximately 22 Babergh residents and a further petition signed by approximately 387 residents. Members were asked to take both petitions into consideration when receiving the relevant recommendations of the Strategy Committee referred to in Minute No. 78(a) below.

78     RECOMMENDATIONS AND REPORTS FROM COMMITTEES

(a)     The Future of Hadleigh Swimming Pool, East House and Land Adjacent to Brett Works, Hadleigh (Strategy Committee Minute No. 123)

The Chairman of the Strategy Committee proposed its recommendations and these were seconded. Officers responded to various issues raised by Members which included the question of whether a sale/lease-back option would be viable for East House, and matters relevant to Babergh’s freehold interest in the property. Members noted that the Strategy Committee recommendations included wording which was intended to help secure the benefit of any capital receipt from East House being retained for Hadleigh residents, but were aware that the current window of opportunity for this option might be limited depending on any future decision of the Council or any successor to it. Officers reported the updated position on the relocation of the user groups referred to in Paper E279.

At this point in the meeting and prior to the full debate on the recommendations, Mr J M Owen proposed a motion that the three issues covered by the recommendations be separated for the purposes of the debate and the vote, and this motion was seconded. However, on being put to the vote, the motion was lost and Mr Owen left the meeting indicating that he had a prejudicial interest in matters relating to the pool in his capacity as a Trustee of the South Suffolk Leisure Trust.

Members then proceeded to a full debate on the recommendations and the implications of the proposals for community facilities, including a pool, in Hadleigh. Mr J J Quinlan requested Members to indicate their wish for a recorded vote under Council Procedure Rule No. 22.5, but this did not receive the support of the required number of 7 Members. The recommendations were then put to the vote.

RESOLVED

(1)     That the Acting Head of Legal and Administrative Services be authorised to commence negotiations for the sale of land providing access to the proposed superstore site at Brett Works, Hadleigh.

(2)     That Babergh District Council continues to seek to persuade Hadleigh Town Council to jointly negotiate the sale of land in our ownerships which provides access to the proposed superstore site at Brett Works, Hadleigh, in order to jointly maximise the value of our land holdings.

(3)     That, following the decision of Suffolk County Council that it can no longer support the community groups by the provision of accommodation at East House, Hadleigh, the Acting Head of Legal and Administrative Services be authorised to:

(a)     market and sell the unencumbered freehold interest with vacant possession in East House, Hadleigh, in order to generate a capital receipt towards the provision of facilities within Hadleigh, in accordance with terms approved by the Council’s Valuer; and

(b)     grant a short term letting for the use of East House, Hadleigh, by community groups which currently use the building in order that they have additional time to secure alternative accommodation, upon such terms as are approved by the Acting Head of Legal and Administrative Services. Any such short-term letting to be on the basis of:

· no additional costs of maintaining and owning the building to fall upon Babergh

· at the expiry of the letting Babergh is able to secure vacant possession of the building.

(4)     That the timing and details of a feasibility study, at an estimated cost of £30,000, for a new Hadleigh Swimming Pool be triggered by Strategy Committee when and if progress is made upon generating the capital receipts referred to above.

(b)     2006/07 Corporate Plan (Strategy Committee Minute No. 124)

Members noted that the issue of sustainability will be emphasised when addressing the 20007/11 Plan, as requested by the Overview and Scrutiny (Community Services) Committee (Minute No 57 refers). Members’ attention was drawn to the following items which were corrected prior to the vote:-

Recommendation 1 – reference to Paper E274 to read Paper E273.

Inclusion of the following under Recommendation 1:- Page 45 –

A reference to the Sudbury Western Bypass under ‘Economic Development’ to be added as new bullet point 7.

RESOLVED

(1)     That the 2006/07 Corporate Plan attached as Appendix 1 to Paper E273 be approved subject to amendments to cover the following:-

Page 14

Babergh East LSP – 1^st bullet point - replace ‘likely’ with ‘possible’

Hadleigh Swimming Pool – to read ‘The Babergh East LSP will continue to maintain an overview for the provision of a new Hadleigh swimming pool’

Haven Gateway Partnership – to read ‘The Babergh East LSP is working with the Haven Gateway Partnership to investigate…..’

Page 24 –

Private Sector Housing – 3^rd bullet point to read [We] ‘Have removed the 50% council tax discount on long term empty properties and reduced that on second homes to the statutory minimum…’

Page 45 –

Inclusion of a reference to the Sudbury Western Bypass under ‘Economic Development’ as new bullet point 7.

(2)     That the Corporate Support Manager be authorised to make any further minor amendments to the Performance Management information within the Corporate Plan.

(c)     Consideration of Policy Statement and Corporate Guidance in relation to the Regulation of Investigatory Powers Act 2000 (Strategy Committee Minute No. 127)

RESOLVED

(1)     That the Guidance on Authorisation under the Regulation of Investigatory Powers Act 2000 and associated Policy Statement (Appendix A to Paper E277) be adopted.

(2)     That the RIPA Working Group carry out an annual review of the Guidance and Policy Statement in response to the operational needs of the organisation.

(d)     Approval to Dispose of Council Owned Land for the Provision of Affordable Housing (Strategy Committee Minute No. 128)

RESOLVED

That the Acting Head of Legal and Administrative Services be authorised to dispose on appropriate terms and conditions of all Council owned property detailed in the Affordable Housing Programme approved by the Council on 18 October 2005, as listed in Paper E281 circulated with the Council Agenda.

(e)     Review of the Constitution (Overview and Scrutiny (Stewardship) Committee Minute No. 75)

Members noted that in relation to Champion/Specialist Members appointed by the Council to date, the Specialist Member for Arts and Culture is Sue Wigglesworth, and the Member appointed for the CPA process was the Chairman of the Strategy Committee, who at that time was Sue Carpendale (now Nick Ridley). They also noted that Mr C W Arthey, the Council’s representative on the Joint Municipal Waste Management Strategy Member/Officer Steering Group, had not been formally appointed as a Champion or Specialist Member in this regard.

Members were aware from the above-mentioned minute that the intention was to submit a report to the Council setting out proposals for Member Champions, but they considered that, in the meantime, Mr C W Arthey should be formally appointed as the Specialist Member for the Waste Management Strategy.

Mr D Busby, Vice-Chairman of the Overview and Scrutiny (Stewardship) Committee presented the recommendations of that Committee which were distributed in full at the meeting and reflected the deferred matters outlined in paragraph 4 of Paper E255.

RESOLVED

(1)     That no action be taken on the items contained in Paragraphs 4.3.1, 4.3.3, 4.3.11, 4.3.17 and 4.3.19 of Paper E255.

(2)     That clarification be provided in relation to 4.3.5 of Paper D241 as set out below:-

The Strategy Committee’s role should:

(a)     be clearly defined as the decision maker on matters falling within approved strategies and / or matters not otherwise determined (or determinable) under officer delegations or by other committees or, reserved to Council;

(b)     not be used simply as a conduit for items that would inevitably have to be referred to Council, although may be consulted on various proposals;

(c)     include the power to ask the Overview and Scrutiny Committees to investigate matters and for recommendations to be made to it for consideration or, alternatively direct to Council.

(3)     That the terms of reference of the Overview and Scrutiny Committees should make it clear that those Committees have the power to make recommendations direct to Council where the matter is not within the decision making powers of the Strategy Committee.

(4)     That without prejudice to the right of Members to raise matters direct with Committee or Council, the following reporting procedure be followed when developing policy requiring Council approval:

(a)     Officers should feed ideas through to Management Team or at least their Corporate Director / Chief Executive and if the latter consider such appropriate, the matter should be considered at the Political Leaders’ Group (PLG);

(b)     Members should feed their ideas through to their groups or at least their group leader and if the latter consider such appropriate, the matter should be considered at the PLG;

(c)     In both cases the PLG should establish a view as to whether such a policy proposal is viable and in particular worth referring to Strategy Committee for formal consideration;

(d)     Strategy Committee could refer the matter to Council for adoption or, to the Overview and Scrutiny Committees for more detailed investigation;

(e)     Unless the Strategy Committee has otherwise requested, on completion of an investigation by the Overview and Scrutiny committees the matter may be referred direct to Council.

(5)     That a Member Champion be elected by Council for each of the Council Priorities if Council considers such to be beneficial in the particular case and where Council feels this to be necessary.

(6)     That the Overview and Scrutiny Committees be responsible for reviewing the progress made in achieving approved outcomes for each Priority as follows:

(a)     Stewardship Committee - Individual and community ambitions, and active citizenship.

- Access to quality services.

(b)     Community Services Committee - Affordable housing.

- Healthy living and health inequalities.

- Safe, clean and sustainable environment.

(7)     That Working Groups be advised as follows:-

Working groups should aim to increase the opportunities for persons who work during normal office hours to attend by arranging meetings during evenings where appropriate.

(8)     That the Acting Head of Legal and Administrative Services be authorised to draft appropriate amendments to the Constitution in relation to Recommendation (2) – (6) above as appropriate and to bring the proposals to full Council for ratification.

(9)     That Mr C W Arthey be appointed as the Member Champion for the Countywide Joint Municipal Waste Management Strategy Member/Officer Steering Group.

(f)     Appointment of Co-opted Members to Standards Committee (Standards Committee Minute No. 43)

The Corporate Solicitor reported the names of the co-opted Members put forward to the Standards Committee for the 2-year term of office commencing 1 March 2006 as follows:-

Mr J B Newton Independent

Mr B Riley Members

Mrs J M Cole Parish Council

Ms P F Cook Members

The Council was asked to accept the recommendation of the Standards Committee in relation to the appointment of the independent Members, which required a majority of Councillors in favour.

RESOLVED

That for the 2-year period commencing 1 March 2006:-

(a)     Mr J B Newton and Mr B Riley be appointed as independent Members of the Standards Committee.

(b)     the re-appointment of Mrs J M Cole and Ms P F Cook to serve on the Standards Committee as Parish Council representatives be noted.

(g)     Review of Statement of Licensing Policy (Licensing and Appeals Committee Minute No. 23)

RESOLVED

That the first formal review of the Statement of Licensing Policy be deferred until after the publication of initially reviewed statutory Government guidance under Section 182 of the Licensing Act 2003 (Paper E247 refers).

79     BUDGET 2006/07

The Chairman of the Strategy Committee, Mr Nick Ridley, introduced Paper E282 and read a prepared Budget Statement to the Council. A copy of the Statement was circulated to Members after the meeting.

Members had before them a report by Geoff Kistner, Corporate Director, (Paper E282), together with the Budget document. The Council was asked to pass the necessary resolutions in relation to the Budget, and for the making and collection of Council Tax for 2006/07 as set out in Paper E282 and the relevant Appendices to that report. A replacement set of those Appendices was circulated at the meeting taking into account the recent decision of the Police Authority on its precept, together with some minor corrections and amendments to the text of those Appendices as detailed below:-

Appendix 2 - Incorporating revised recommendation (2) emailed to all Members on 16 February 2006.

Appendix 3a - Recommendation (8) – wording ‘the Corporate Director, Geoff Kistner’ replaced by ‘the Section 151 Officer’.

Appendix 3b - Recommendation (9)(a) – figure of ‘£46,086,711’ replaced with ‘£46,100,711’

Appendix 3c - Including the figures for both the Major Precepting Authorities.

Appendix 3d - Recommendation (11) incorporating the table showing the proposed level of Council Tax for all parishes in the Babergh District.

The recommendations set out in paragraph 2.1 of Paper E282 relating to the revised Appendices 1, 2 and 3 as circulated at the meeting were proposed and seconded.

RESOLVED

(1)     That the details of Parish Council Taxes per Band D Equivalent Property for 2006/07 as set out in Appendix 1 of Paper E282 be noted.

(2)     That a Council Tax increase of 2.7% and the budgets as set out in the attached Policy and Budget Framework 2006/07 document attached to Paper E282, including the prudential indicators for capital finance and Treasury Management, be approved; and that any costs on the CAST project will only be incurred with the agreement of full Council and with regular six monthly reviews of the position by full Council.

(3)     That the following changes be made to the staffing establishment in 2006/07 to reflect the Council’s service priorities which are included in the budget, and the staff savings which have been identified:-

(4)     That the revised General Fund charges be implemented with effect from 1 April 2006.

(5)     That the weekly rents for the Council’s dwellings and compulsory let garages be increased on average by 5.0% and in accordance with the rent restructuring requirements with effect from Monday, 17 April 2006.

(6)     That the revised Council housing charges, including the rents for garages and car ports which are not compulsorily let with dwellings be implemented with effect from Monday, 17 April 2006.

(7)     That where expenditure is included within the approved budget, the Section 151 Officer be empowered to:-

· Vary the timing of revenue and capital payments from the current financial year to 2006/07 or vice-versa in accordance with Financial Regulations and Council resolutions.

· Vary the method of financing capital schemes, if he is satisfied that it is in the financial interest of the Council to do so.

(8)     That it be noted that the Section 151 Officer has calculated the following amounts, in accordance with regulations made under Section 33(5) of the Local Government Finance Act 1992:-

(a)     32,122.90 being the amount calculated by the Council, in accordance with Regulation 3 of the Local Authorities (Calculation of Council Tax Base) Regulations 1992, as its Council Tax Base for the year 2006/07.

(b)     That the relevant amounts for each part of the Council’s area be as follows: