|
|
1 |
MINUTES
To confirm and sign the Minutes of the meeting held on 31 October 2006 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 petitions as detailed below. There can be no debate or comment upon these matters at the Council meeting.
Clockhouse Farm, Cavendish Lane, Glemsford – Application for Certificate of Lawfulness of an existing use – B/06/01611/CEU
Petition signed by approximately 34 residents in support of the application to allow continued use of a holiday site and caravan and motor home storage which was reported to the meeting of the Development Committee on 6 December 2006 and will be considered by the appropriate officer when taking the decision under the delegated powers. |
|
|
|
Felling of Beech Tree in Abbey Road / 112 Melford Road Sudbury
Petition signed by approximately 32 residents against the felling of a Beech tree which was reported to the meeting of the Development Committee on 6 December 2006 and was taken into account by the appropriate Officer under the delegated powers when deciding whether to make a Tree Preservation Order.
|
|
Papers F103, F117 and F138
previously
circulated
|
6 |
RECOMMENDATIONS AND REPORTS FROM COMMITTEES
(a) Review of Call-in (Strategy Committee Minute No. 56 and Joint Overview and Scrutiny Committee – 11 December 2006)
Ms J A Jenkins, Chairman of the Overview and Scrutiny (Stewardship) Committee, presented this item on behalf of both Overview and Scrutiny Committees. She referred to recommendations (1) to (9) of Paper F103 which were supported by both Committees and to Paper F117 (revised Protocol for Use of Call-in Procedure).
|
|
|
|
The Chairman of the Strategy Committee asked Members to consider whether it would be helpful for the Joint Meeting of the Overview and Scrutiny Committees on 11 December 2006 to look again at recommendations (7) and (8) of Paper F103 to clarify the relationship between the Protocol for use of Call-in Procedure and the Call-in criteria as set out in the Constitution, and in the light of any amendments which might be required to the Council’s Constitution. All of the recommendations would then be considered by the Council on 19 December in accordance with the review’s timetable.
During the course of the ensuing discussion, reference was made to the original concerns which led to the scrutiny of the Council’s call-in procedure, and Members considered whether those concerns had been met by the recommendations before the Committee which had been duly proposed and seconded.
|
|
|
|
Members felt that the Overview and Scrutiny Committees’ intention regarding the grounds for a call-in required clarification to ensure there was no conflict between the Constitution and the Protocol set out in Paper F117, and agreed that there should be input from the Monitoring Officer on this aspect. As presently drafted it was felt there was some ambiguity as to whether the existing provision in the Constitution was to be retained with a complementary Protocol or whether the Constitution should be amended to reflect the wider grounds indicated in the Protocol.
The original proposer and seconder of the recommendations agreed to a proposal that (1) to (6) and (9) of Paper F103 should be accepted, with recommendations (7) and (8) of that report being referred back to the Joint Meeting. Members identified issues related to Process, Criteria and Constitution which required further work including the following:-
|
|
|
|
Recommendation (7) of Paper F103
· Protocol for Use of Call-in Procedure not to be in conflict with the Council’s Constitution.
· A clear definition to be provided for the ‘overview of the procedures’ to be maintained by the Chief Executive and Corporate Directors, and for the circumstances in which it would be necessary to consult them.
Recommendation (8) of Paper F103
· Appropriate draft amendments to the Constitution to be available for the Council meeting on 19 December.
Protocol (Paper F117)
· To remove any ambiguity in the scope for call-in with clarity on whether the protocol is intended to replace the existing call-in criteria.
|
|
|
|
Members were also aware that the intention of Recommendation (1) was that the ‘minimum of any five Members’ referred to is to be drawn from the total Overview and Scrutiny membership excluding the Chairmen i.e. from 16 Members.
…………………………………………
|
|
|
|
THE STRATEGY COMMITTEE RECOMMENDED TO COUNCIL
(1) That a minimum of any five Overview and Scrutiny Committee Members be needed to trigger a call-in request.
[original recommendation has been reworded to reflect the intention of the Overview and Scrutiny Committees as referred to above]
(2) That the Chairmen of the Overview and Scrutiny Committees be excluded from signing call-in requests.
(3) That a call-in request form be introduced as set out in Appendix 3 to Paper F103 and that requests received by fax or e-mail be acceptable.
(4) That the Head of Corporate Services, in consultation with the Monitoring Officer and the Chairmen of both Overview and Scrutiny Committees, should decide which would be the most appropriate (having regard to the terms of reference of the Committees) Overview and Scrutiny Committee to deal with a matter the subject of a call-in.
(5) That any Member making a request for call-in has the right to attend and speak at the meeting of the Overview and Scrutiny Committee considering the matter.
(6) That Babergh’s procedures be streamlined so that the appropriate Overview and Scrutiny Committee can either refer a called-in matter back to the Strategy Committee, or refer the matter to Council. Further that the Council makes the final decision or refers the matter back to the Strategy Committee.
(7) That the new procedures be implemented with immediate effect and reviewed after one year.
|
|
|
|
At its meeting on 11 December 2006 following consideration of Paper F138
THE JOINT OVERVIEW AND SCRUTINY COMMITTEE RECOMMENDED TO COUNCIL
(8) That Appendix 2 to Paper F138 be adopted as part of the Council’s Constitution relating to call-in, subject to the deletion of the bullet point on Page 1 of Protocol 2 which reads
· ‘The decision commits the Council to expenditure exceeding £100,000’
(9) That the Head of Corporate Services be authorised to make appropriate amendments to the Constitution in accordance with Recommendation (8) above, together with any consequential amendments which may be required.
|
|
Paper F123 previously circulated |
|
(b) Babergh’s Statement of Community Involvement – Adoption (Strategy Committee Minute No. 62)
Mike Hammond, Corporate Director, introduced Paper F123 recommending the adoption of the Statement of Community Involvement.
RECOMMENDED TO COUNCIL
That the revised Statement of Community Involvement attached to Paper F123 be adopted.
|
|
|
7 |
NOTICE OF MOTION
Mr R E Kemp has given Notice of his intention to move the undermentioned Motion at the meeting:-
That Babergh District Council offers its Brown Bin Garden Waste Collection Service free to persons who are registered disabled on the basis that, because they may not have the physical ability to compost or dispose of their garden waste, they do not have the choice available to non-disabled persons and therefore have no alternative but to pay for a collection service.
|
|
|
8 |
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.
|
|
|
9 |
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).
|
|
Paper
F139
|
10 |
THE LOCAL GOVERNMENT WHITE PAPER – POSSIBLE PATHFINDER BID FOR SUFFOLK
Report by the Chief Executive attached.
|
|
Paper
F140
|
11 |
TIMETABLE OF MEETINGS 2007/08
Members are asked to approve the draft Timetable (Paper F140 attached) prepared by the Head of Corporate Services, and which has been the subject of consultation with Management Team, Heads of Service and the Political Group Leaders.
|
|
|
12 |
EXCLUSION OF THE PUBLIC (WHICH TERM INCLUDES THE PRESS)
To consider whether, pursuant to Part I of Schedule 12A 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.
The author of the report proposed to be considered in Part II of the Agenda is satisfied that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
|
PART II
|
|
Paper
F141
to follow
|
13 |
CATERING CONTRACT (Exempt information by virtue of Paragraph 3 of Part I)
Report by the Head of Contract and Asset Management to follow. |