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 MONDAY 26 FEBRUARY 2007

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77 - Minutes,
78 - Declaration of Interests,
79 - Chairman's Announcements,
80 - To Receive Notification Of Petitions In Accordance With Council Procedure Rule No.13,
81 - Recommendations And Reports From Committees,
82 - Review Of Members' Allowances Scheme From 1 May 2007 - Report Of The Independent Remuneration Panel,
83 - Budget 2007/08,
84 - Questions From The Public,
85 - Questions From Members,
86 - Scheme Of Delegation,


PRESENT: Mr R W Thake – Chairman

The following Members were unable to be present:- Mrs S Carpendale, Mr N H J Irwin, Mr C D Kerr, Mr C M Spence and Mr L H Young.

The proceedings opened with Prayer.

77 MINUTES

RESOLVED

That the Minutes of the meetings held on 19 December 2006 and 11 January 2007 be confirmed and signed as correct records.

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78 DECLARATION OF INTERESTS

None received.

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79 CHAIRMAN’S ANNOUNCEMENTS

(a) Mr J J Quinlan

Mr J J Quinlan was welcomed to the meeting, following a period of absence through ill health.

(b) Independent Review Panel

The Chairman welcomed Dr Alan Lower, Chairman of the Independent Remuneration Panel to the meeting.

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80 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:-

Request to reconsider decision to demolish pavilion on Calais Street, Hadleigh

Petition signed by approximately 56 residents asking for consideration to be given to using the building as a youth facility. Receipt of the petition, which will be dealt with by the Head of Community Development, was reported to the Strategy Committee on 8 February 2007.

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81 RECOMMENDATIONS AND REPORTS FROM COMMITTEES

(a) LAMP Phase 2 (Strategy Committee Minute No. 76(b))

Mr N A Ridley, Chairman of the Strategy Committee presented the Committee’s recommendation to proceed with LAMP Phase 2. Members were aware that this matter had been identified as one for which a decision of the Council was required and that implementation would be subject to budgetary provision being made. In answer to questions from Members the Head of Finance explained the way in which the project would be funded and the anticipated savings.

RESOLVED

That subject to budgetary provision being made, the Council’s land and property systems be upgraded as identified in Paper F144.

Note: The following Members voted against the decision referred to above and requested that this be recorded in the Minutes:-

Mr N A Bennett, Mr M P Booth, Mr K Grimsey, Mr D G Grutchfield, Mr B L Lazenby, Dr M R Miller, Mr J M Owen, Mr A E Pearce, Mr J J Quinlan, Mr D J Read

(b) Corporate Plan (Strategy Committee Minute No. 94(a))

Mr N A Ridley, Chairman of the Strategy Committee and of the Corporate Plan Working Group presented the recommendation of the Committee together with further amendments to the Plan (Paper F189) which reflected the result of consideration by the Overview and Scrutiny and Strategy Committees. During the course of the subsequent discussion further suggested amendments were considered, some of which were agreed for incorporation in the finalised document.

RESOLVED

(1) That subject to the Head of Corporate Services confirming the correct use of Ward indices and classifications, the Corporate Plan for 2007/08 attached as an Appendix to Paper F180 be amended as follows:-

(a) In accordance with Paper F189 (Schedule of Amendments to Corporate Plan).

(b) Page 6, first sentence, final paragraph to be amended to read “……the Council plans to use only an additional £110,000 from reserves”.

(c) Page 10, addition of the following wording to the final paragraph “whilst continuing to press for the reinstatement of the Sudbury By-pass”.

(2) That the Corporate Plan amended as above be approved.

(c) The Redevelopment of Stour House (Strategy Committee Minute No. 94(b))

Members had before them Paper F181 submitted by the Housing Panel to the Strategy Committee.

RESOLVED

(1) That approval be given to the transfer of Stour House to a Registered Social Landlord (RSL) partner at a discount of up to 100% for the delivery of affordable housing for the homeless subject to:-

(a) The RSL to develop and make available in perpetuity a range of self-contained units of accommodation for general homeless use and also a supported housing scheme for homeless single people with multiple needs in accordance with the Council’s Homelessness Strategy.

(b) Babergh to enter into an agreement to have full nomination rights for homeless households to all the vacant units of accommodation.

(c) Appropriate terms and conditions to protect the interests of the Council to be agreed by the Head of Contract and Asset Management.

(2) That the Head of Community Development in consultation with the Housing Panel be authorised to:-

(a) Undertake the selection of the successful RSL in line with existing procedures, as previously agreed by the Strategy Committee.

(b) agree the timetable for the project implementation and monitor its progress.

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82 REVIEW OF MEMBERS’ ALLOWANCES SCHEME FROM 1 MAY 2007 – REPORT OF THE INDEPENDENT REMUNERATION PANEL

Members had before them the report of the Independent Remuneration Panel (IRP) together with a covering report by the Head of Corporate Services (Paper F190) which set out the IRP recommendations, the financial implications and other relevant information. Members also had sight of papers (attached as Appendix 2 to Paper F190) which were provided to the Panel for its review of the Scheme. Dr Lower, Chairman of the IRP, presented the Panel’s report (Appendix 1 to Paper F190) and was thanked by the Chairman of the Council for attending the meeting and for the Panel’s work. A proposal to defer consideration of the IRP’s recommendations until August 2007 did not receive a seconder. The recommendations set out in paragraph 2 of Paper F190 were then proposed and seconded and it was agreed that each recommendation should be considered and voted on separately.

In addition to matters with specific relevance to each of the Panel’s recommendations, reference was made during the course of the ensuing debate to a number of related issues including the “active citizenship” aspect of the Corporate Plan, the need to recruit Councillors from a wider range of ages and backgrounds and the extent to which the level of allowances is relevant to recruitment, ways of facilitating participation by Councillors, particularly those in employment, and acceptable levels for any increase. Members were also aware that a more fundamental review of allowances would be required once the new Council has decided how it wishes to operate. Members’ consideration of each of the Panel’s numbered recommendations is summarised below with the Council’s decisions set out in full at the conclusion of this Minute. Reasons are given where the Council concluded after its deliberations that a Panel recommendation should not be accepted.

A request for a recorded vote in respect of recommendation (1) did not receive the support of the requisite number of seven Members, and the recommendation (to retain the current level of Basic Allowance and all other allowances with the exception of those for Committee Vice Chairmen, Child Care and Co-optees) was agreed. The Panel’s recommendation (2) to increase Special Responsibility Allowances (SRAs) for Vice Chairmen of Committees was not accepted by Members, on the grounds that the amount of work to be undertaken by Vice Chairmen is not commensurate with the level of remuneration proposed. It was agreed to retain the current levels of SRA for these posts subject to an inflation-based increase. Recommendation (3) regarding SRAs for Priority/Member Champions was not accepted in the form proposed but Members accepted the principle of a payment for such Champions subject to information being provided about the level of work involved once the posts are filled. A further amendment to recommendation (3) concerning the levels of payments proposed for Champions relative to those paid to Group Leaders was proposed and seconded but on being put to the vote was lost. Recommendations (4) (Child Care) and (5) (Co-optees) were accepted. An amendment to recommendation (6) to change the inflation-based index was lost on being put to the vote. In response to a request from Members it was agreed to supply information on the March 2007 RPI headline rate of inflation when this becomes available. Recommendations (7) (Travel and Subsistence) and (8) (Pension entitlement) were accepted. In agreeing recommendations (9) and (11), Members were aware that the Officers together with the appropriate Member grouping would set up processes for keeping records of the amount of work carried out by Vice-Chairmen and Champions (9) and for establishing an appropriate means of self-assessment for all Members (11). Recommendation (10) (to encourage reduced reliance on motorised transport) was accepted. An amendment was moved to recommendation (12) to restrict the number of SRAs claimable per Councillor to not more than two. On being put to the vote the amendment was lost.

RESOLVED

That the Members’ Allowances Scheme be revised from 1 May 2007 in accordance with the decisions contained in 1. to 12. below.

1. That subject to 6. below (concerning inflation) the base rate for the following allowances (adopted by the Council in 2003) remain the same:

Multiplier as a % of
Basic Allowance 2006/07

(a) Basic Allowance (£3,354 per annum) 100%

(b) Special Responsibility Allowances for:-

• Chairman of the Council (£6,707 pa)  200%
• Vice-Chairman of the Council (£1,677 pa)  50%
• Chairman of Strategy Committee (£6,707 pa)  200%
• Chairmen of Overview and Scrutiny Committees (2) (£3,354 pa) 100%
• Chairman of Development Committee (£3,354 pa) 100%
• Chairman of Standards Committee (£1,677 pa) 50%
• Chairman of Licensing and Appeals Committee (£3,354 pa) 100%
• Chairmen of Task Groups and Panels (£168 pa) 5%
• Development Members (£335 pa) 10%
• Group Leaders (£671 pa) 20%

(c) Dependants’ Carers’ Allowance (£11.16 per hour)

Note:

Mr D M Busby, Mr R E Kemp, Mr J A B Long, Mr J M Owen and Mr J J Quinlan voted against the decision referred to in 1. above and requested that this be recorded in the Minutes.

2. That subject to 6. below (concerning inflation) the Special Responsibility Allowances for the Vice Chairmen of Committees and the base rate for those allowances remain the same, as set out below:-

Multiplier as a % of
Basic Allowance 2006/07

Vice-Chairman of Strategy £1,677 50%
Vice-Chairmen of Overview and Scrutiny (2) £335 10%
Vice-Chairman of Development £335 10%
Vice-Chairman of Licensing and Appeals £335 10%
Vice-Chairman of Standards £335 10%

Note:

Mr J M Owen voted against the decision referred to in 2. above and requested that this be recorded in the Minutes.

3. That subject to 6. below (concerning inflation) a Special Responsibility Allowance of up to £838 (being 25% of Basic Allowance) be payable for the Priority/Member Champion role, but that prior to any such allowance being paid, a detailed record of the amount of work carried out by an appointed Champion be maintained for a period of six months from such appointment and the Champion be required to carry out a form of self-assessment following which a further report be made to the Council for a decision on the level of SRA to be paid for individual Champion roles.

Note:

Mr D M Busby, Mr R E Kemp and Mr J M Owen voted against the decision referred to in 3. above and requested that this be recorded in the Minutes.

4. That the Child Care Allowance be increased (from £5.58 per hour) to coincide with the Suffolk County Council Child Minder rate and reflect future increases in that rate.

5. That the Co-optees’ Allowances be increased from £335 per annum (10% of Basic Allowance) to £671 per annum (20% of Basic Allowance).

6. That all Allowances payable under the Scheme and to which this report relates, be revised in line with changes in the RPI headline rate of inflation, being the RPI as for the month of March immediately preceding the relevant review date, until the Scheme is next reviewed or until 30 April 2009 whichever is the earlier.

Note:

Mr D M Busby and Mr J M Owen voted against the decision referred to in 6. above and requested that this be recorded in the Minutes.

7. That the Travel and Subsistence Allowances continue to be revised to accord with those payable to Council employees from time to time with the exception of overnight absences which increase in line with RPI in accordance with 6. above.

Note:

Mr D M Busby voted against the decision referred to in 7. above and requested that this be recorded in the Minutes.

8. That as from 1 May 2007 and subject to the terms of the Local Government Pension Scheme, all Members of the Council be entitled to subscribe to the LGPS and the Basic Allowance and SRAs be treated as amounts in respect to which such pensions are payable.

9. That the Council keeps a detailed record of the amount of work which Vice-Chairmen and Priority/Member Champions carry out, in order to facilitate future reviews.

Note:

Mr J M Owen voted against the decision referred to in 9. above and requested that this be recorded in the Minutes.

10. That the Council gives consideration to developing ways in which Members could be encouraged to reduce their reliance on motorised transport when carrying out Council business including IT related / home working solutions.

11. That the Council establishes a form of self-assessment for its Members.

12. That all other aspects of the 2003 Allowances Scheme be continued including:

procedures for claims
withholding of allowances as provided for in the Regulations
more than one SRA may be claimed per Councillor
entitlement not to claim.

After voting on 3. above the meeting was adjourned for lunch at 1.30pm and resumed at 2.00pm when the following Members were present:-

Mr R W Thake – Chairman

83 BUDGET 2007/08

The Chairman of the Strategy Committee, Mr N A Ridley introduced this item and read a prepared Budget Statement to the Council. A copy of the Statement was subsequently circulated to all Members.

Members had before them a report by the Head of Finance (Paper F191) 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 2007/08 as set out in Paper F191 and the relevant appendices to that report. In response to a question from a Member it was confirmed that approval of the Policy and Budget Framework would include approval of the authorised debt limits set out on pages 30/31 of the Budget Document. Mr Hunter also confirmed the Government settlement for the year 2007/08 as £5,836,000.

RESOLVED

(1) That the details of Parish Council Taxes for Band D Equivalent Property 2007/08 as set out in Appendix 1 of Paper F191 be noted.

(2) That subject to appropriate adjustments to reflect the outcome of the Independent Remuneration Panel Review (of Members Allowances), the General Fund budget as set out in the attached Policy and Budget Framework 2007/08 document, including the prudential indicators for capital finance and Treasury Management be approved on the basis that, in any event, the Council Tax increase will not exceed 2.9% and that any variations to the budget (in relation to this or any other minor amendments) will be accommodated by adjusting the use of reserves in 2007/08 within the overall reserves strategy.

(3) That the following temporary changes be made to the staffing establishment in relation to service priorities that are fully funded by Government grant:

(4) That the revised General Fund charges be implemented with effect from 1 April 2007.

(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 16 April 2007.

(6) That the Council Housing Budget be approved, and 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, 16 April 2007.

(7) That where expenditure is included within the approved budget, the Head of Finance be empowered to:-

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

(a) 32,539.39 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 2007/08.

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

being the amounts calculated by the Council in accordance with Regulation 6 of the Regulations, as the amount of its Council Tax Base for the year for dwellings in those parts of its area to which one or more special items relate.

(9) That the following amounts be now calculated by the Council for the year 2007/08 in accordance with Sections 32 to 36 of the Local Government Finance Act 1992:

(a) £48,150,048 being the aggregate of the amounts which the Council estimates for the items set out in Section 32(3) (a) to (e) of the Act

(b) £36,388,060 being the aggregate of the amounts which the Council estimates for the items set out in Section 32(3) (a) to (c) of the Act

(c) £11,761,988 being the amount by which the aggregate at 9(a) above exceeds the aggregate at 9(b) above, calculated by the Council, in accordance with Section 32(4) of the Act, as its budget requirement for the year

(d) £5,869,310 being the aggregate of the sums which the Council estimates will be payable for the year into its general fund in respect of redistributed non-domestic rates, revenue support grant, and additional grant or special grant reduced by the amount of the sums which the Council estimates will be transferred in the year from its General Fund to its Collection Fund in accordance with Section 97(3) of the Local Government Finance Act 1988 (Council Tax Deficit).

(e) £181.09 being the amount at 9(c) above less the amount at 9(d) above, all divided by the amount at 8(a) above, calculated by the Council, in accordance with Section 33(1) of the Act, as the basic amount of its Council Tax for the year.

(f) £1,784,778 being the aggregate amount of all special items referred to in Section 34(1) of the Act.

(g) £126.24 being the amount at 9(e) above less the result given by dividing the amount at 9(f) above by the amount at 8(a) above, calculated by the Council, in accordance with Section 34(2) of the Act, as the basic amount of its Council Tax for the year for dwellings in those parts of its area to which no special item relates.

(h) Basic Amount of Tax for those parts of the Council's area to which one or more special items relate

being the amounts given by adding to the amount at 9(g) above the amounts of the special item or items relating to dwellings in those parts of the Council's area mentioned above divided in each case by the amount at 8(b) above, calculated by the Council, in accordance with Section 34(3) of the Act, as the basic amounts of its Council Tax for the year for dwellings in those parts of its area to which one or more special items relate.

(i) Basic Amounts of Tax for all Bands

being the amounts given by multiplying the amounts at 9(g) and 9(h) above by the number which, in the proportion set out in Section 5(a) of the Act, is applicable to dwellings listed in a particular valuation band divided by the number which in that proportion is applicable to dwellings listed in valuation Band D, calculated by the Council, in accordance with Section 36(1) of the Act, as the amount to be taken into account for the year in respect of categories of dwellings listed in different valuation bands.

(10) That it be noted that for the year 2007/08 the major precepting authorities have stated the following amounts in precepts issued to the Council in accordance with Section 40 of the Local Government Finance Act 1992, for each of the categories of dwellings shown below:-

Categories of Dwellings in Valuation Bands

(11) That, having calculated the aggregate in each case of the amounts at 9(i) and 10 above, the Council, in accordance with Section 30(2) of the Local Government Finance Act 1992 hereby sets the following amounts as the amounts of Council Tax for the year 2007/08 for each of the categories of dwellings shown below:

Note: This will be the proposed level of Council Tax for all parishes in the Babergh District.

(12) That in respect of Council Tax and Business Rates the ten instalment dates each year should be the 1^st of each month from the 1^st April to 1^st January, but with the ability for Council Taxpayers who elect to pay by Direct Debit to choose between the 1^st, 8^th, 15^th, 22^nd and 28^th of each month; subject to the proviso that the payment date of the 1^st of each month can be revised to a later date by the Head of Finance, in consultation with the Chairman of the Strategy Committee, if it is felt to be essential to do so.

(13) (1) That the following Officers:-

Robert L Southgate - Head of Customer Services
Andrew Wilcock - Senior Revenues Manager
Sue Fayers - Billing and Recovery Manager
Peter L Seeley - Recovery Team Leader
David Finch - Recovery Officer
Emma Kennington - Recovery Officer

be authorised:-

(a) to collect and recover any Council Tax and Penalties payable under the Local Government Finance Act 1992.

(b) to institute legal proceedings and appear on behalf of the Council at the hearing of any legal proceedings by way of applications for the issue of:-

(i) Liability Orders for unpaid Council Taxes;

(ii) Warrants of Commitment in respect of Liability Orders,

pursuant to Section 14 and Schedule 4 of the Local Government Finance Act 1992 and the Council Tax Administration and Enforcement Regulations 1992 and Section 22 and Schedule 4 of the Local Government Finance Act 1988 and

(c) To institute any other legal proceedings, process or steps for the purpose of recovering any such unpaid Council Taxes and Penalties and to appear on behalf of the Council at any Hearing relating thereto.

(2) That the following Officers:-

Robert L Southgate - Head of Customer Services
Andrew Wilcock - Senior Revenues Manager
Sue Fayers - Billing and Recovery Manager
Peter L Seeley - Recovery Team Leader
David Finch - Recovery Officer
Emma Kennington - Recovery Officer

be authorised:-

(a) to collect and recover any National Non-Domestic Rate payable under Part III of the Local Government Finance Act 1988.

(b) to institute legal proceedings and appear on behalf of the Council at the Hearing of any legal proceedings by way of an application for the issue of:-

(i) a Liability Order for unpaid National Non-Domestic Rate and

(ii) a Warrant of Commitment in respect of any National Non-Domestic Rate,

pursuant to Section 62 and Schedule 9 of the Local Government Finance Act 1988 and the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989.

(c) to institute any other legal proceedings, process or steps for the purpose of recovering any such unpaid National Non-Domestic Rate and to appear on behalf of the Council at any Hearing relating thereto.

(14) That the Head of Finance be authorised to make any adjustments to the Policy and Budget Framework 2007/08 Document appended to Paper F191 arising from the Council’s decisions in (1) to (13) above.

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84 QUESTIONS FROM THE PUBLIC

None received.

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85 QUESTIONS FROM MEMBERS

None received.

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86 SCHEME OF DELEGATION

The Chief Executive submitted a report (Paper F192) proposed updated provisions (to deal with outstanding issues) to the Scheme of Delegation which was approved by the Council on 1 August 2006.

RESOLVED

That the updated Scheme of Delegation and Proper Officer Provision as set out in Appendices 1 and 2 to Paper F192 be adopted and the Head of Corporate Services be authorised to amend the Constitution accordingly (inclusive of any consequential amendments).

The meeting adjourned for refreshments between 11.10am and 11.35am and between 1.30pm and 2.00pm.

The business of the meeting was concluded at 3.45pm