Agenda - 21 October 2008

 TO:      THE CHAIRMAN AND MEMBERS OF

            BABERGH DISTRICT COUNCIL

1

MINUTES

To confirm and sign the Minutes of the meetings held on 2 and 23 September 2008 as correct records.

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 any petitions.  There can be no debate or comment upon these matters at the Council meeting.

Paper
H97

6

Recommendations and reports from committees

(a)        Town Police Clauses Act 1847 and Local Government (Miscellaneous Provisions) Act 1976 (Licensing and Appeals Committee Minute No. 5 and Strategy Committee Minute No. 63 (b))

Mr B L Lazenby, Chariman of the Licensing and Appeals Committee introduced this item.  The Strategy Committee resolved that the existing quantity limitation on the number of Hackney Carriage licences issued in the District be removed at such time as (a) the Council has resolved to amalgamate Hackney Carriage Zones in the Babergh District area and (b) such resolution has been approved and commenced by Order of the Secretary of State for Transport, and accordingly

RECOMMENDED TO COUNCIL

That section 171(4) of the Public Health Act 1875 be applied throughout the District of Babergh to create a single controlled Zone for Hackney Carriage purposes, and that the Head of Natural and Built Environment be authorised to seek Secretary of State approval thereto in the terms set out in Appendix 2 of Paper H97.

 
Paper
H99

(b)       Draft Equalities Policy and Single Equality Scheme and Action Plan (Strategy Committee Minute No. 64 (a))

Mike Hammond presented a report (Paper H99) from the Equality and Diversity Steering Group requesting approval of the draft Equalities Policy and the Single Equality Scheme and Action Plan.

It was noted that the views of stakeholders, residents and employees at Babergh are currently being sought and that the documents, which were published on Babergh’s website, have also been sent to a range of stakeholders. 

The draft Equalities Policy was attached as Appendix A, the Single Equality Scheme as Appendix B and the Action Plan as Appendix C to Paper H99.

RECOMMENDED TO COUNCIL

That, subject to the Deputy Chief Executive being authorised to make any further changes to the draft Equalities Policy and the Single Equality Scheme and Action Plan as a result of the consultation responses, the Policy, Scheme and Plan attached to Paper H99 be adopted.

(c)        External Auditors Annual Governance (Overview and Scrutiny (Stewardship) Committee Minute No.38)

Paper
H113

 
Paper
H123

Note:-

In addition to Paper H113 which was considered by the Overview and Scrutiny (Stewardship) Committee at its meeting on 30 September, the following report is also attached to this agenda:-

Paper H123 - report by the Director of Finance (together with Appendices) updating Members on subsequent events and discussions held with the external auditors since 30 September.  Mr David Eagles from PKF will be in attendance at the Council meeting.  

At the meeting of the Overview and Scrutiny (Stewardship) Committee on 30 September, the Director of Finance submitted Paper H113 relating to the external auditors’ Governance Report, which included a review of the Council’s 2007/08 Financial Statements.  He advised Members on the key issues particularly in relation to the material misstatement issue and the associated risks.

Mr Eagles, Partner and Ms Zoe Thompson, Manager of the Council’s auditors PKF were in attendance at the meeting and presented the Governance report (Appendix B to Paper H113).

Members agreed that they would concentrate specifically on the material misstatement issue, that the other issues raised by the external auditors would be discussed at the next meeting of the Committee and that the Director of Finance would provide a Management Action Plan to address these.  The issues raised in the Auditors Governance Report, other than the material misstatement referred to in sections 3.26 to 3.33, were accepted by the Committee.

Circulated at the meeting for Members’ information, were copies of the March 2008 LAAP Bulletin 72, extracts from the SORP and the relevant pages from the 2007/08 Statement of Accounts showing, shaded in grey, the possible changes to various figures had the LAAP Bulletin been followed.  During the course of the discussion both David Eagles and the Director of Finance answered various questions from Members.

The Committee RECOMMENDED TO COUNCIL

(1)    That, whilst fully accepting that the Council did not follow the detailed accounting guidance relating to Overhanging Premiums and Discounts in the way that the 2007/08 accounts are presented, it is not accepted that the requirements of the SORP have been contravened or disregarded. 

(2)     That, based on the above, the Council’s Accounts for 2007/08 should not be amended. 

(3)      That further discussions be held with the Auditor to seek additional clarification and if appropriate an independent review of the matter.

Notwithstanding the recommendations of Overview and Scrutiny (Stewardship) set out above, Paper H123 suggests alternative recommendations for consideration by the Council, based on the results of the further discussions between the Council and PKF.  The recommendations are set out in full in paragraph 2 of Paper H123.

7

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.

8

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
H124

9

STATE OF THE DISTRICT DEBATE

Report from the Strategic and Financial Planning Task attached. 

 
Paper
H125

10

THE COUNCIL’S ANNUAL REPORT

Joint report by the Director of Corporate Services and the Director of Finance attached. 

11

REPRESENTATIVES ON OUTSIDE BODIES

(a)       Community Cohesion and Inclusion Delivery Partnership Board

The Director of Corporate Services to report that Babergh District Council has been asked to appoint a Member representative to serve on the above Board which is due to hold its first meeting on 20 October.

Suggested membership includes Portfolio Holders or Councillor Champions of District/Borough Councils, and David Wood, the Council’s Member Champion for Equalities has been authorised to attend the first meeting ahead of a formal appointment being made by the Council.

Terms of reference for the Board are being developed but the intention is for the Suffolk Strategic Partnership (SSP) to progress the development of the delivery partnerships to support the new Local Area Agreement (LAA) and Community Strategy priorities.

Babergh’s Political Group Leaders have been asked to consider their nomination(s) in the usual way, and these will be reported at the meeting.  Members will be asked to make an appointment for the remainder of the current term of office.

(b)       Care, Health and Independence Delivery Partnership

The Director of Corporate Services to report that Babergh District Council has been asked to appoint a Member representative on the above Partnership, which is due to hold its first meeting on 23 January 2009. 

The Partnership will be responsible for the delivery of care, health and independence Local Area Agreement (LAA) targets, along with relevant outcomes from the sustainable community strategy ‘Transforming Suffolk’, replacing the former Adults and Communities (‘block three’) Board.

The Board is expected to meet quarterly at various locations in the County on a rotational basis, normally in the morning.  Babergh’s Political Group Leaders have been asked to consider their nomination(s) in the usual way, and these will be reported at the meeting.  Members will be asked to make an appointment for the remainder of the current term of office.