Babergh District Council - Minutes

MINUTES OF A MEETING OF THE BABERGH DISTRICT COUNCIL HELD IN THE COUNCIL CHAMBER, COUNCIL OFFICES, CORKS LANE, HADLEIGH ON TUESDAY, 23 FEBRUARY 2010

The following Members were unable to be present:- Mr N A Bennett, Mrs S Carpendale, Mr B D Hurren, Mr P Jones, Mr D H Keane, Mr A F D W Osborne, Mr C A Roberts, Mrs C A Todd and Mr H N Todd.

65 MINUTES

That the Minutes of the meeting held on 28 January 2010 be confirmed and signed as a correct record.

66 DECLARATION OF INTERESTS

Mrs J Antill declared a personal interest in Minute No. 70 below by virtue of being a Director of the Sudbury Citizens Advice Bureau and a Trustee of the Gainsborough House Society but indicated that her interests were such that she was able to speak and vote on the item in question.

Mr G S White declared a personal interest in Minute No. 70 below by virtue of being a Council Representative on the South Suffolk Leisure Trust Board and Ipswich and District Citizens Advice Bureau but indicated that his interests were such that he was able to speak and vote on the item in question.

Mr B L Lazenby declared a personal interest in Minute No. 70 below by virtue of being a Council Representative on the South Suffolk Leisure Trust Board but indicated that his interest was such that he was able to speak and vote on the item in question.

Mr R E Kemp declared a personal interest in Minute No. 70 below by virtue of being a Trustee of the Sudbury and District Citizens Advice Bureau, President of the Long Melford Cricket Club and President of the Long Melford Football Club but indicated that his interests were such that he was able to speak and vote on the item in question.

Mr P J Holbrook declared a personal interest in Minute No. 70 below by virtue of being a Council representative on the Dedham Vale Area and Stour Valley Joint Advisory Committee but indicated that his interest was such that he was able to speak and vote on the item in question.

Mr D C Rose declared a personal interest in Minute No. 70 below by virtue of being a Council representative on the Suffolk Coast and Heath Joint Advisory Committee and Chairman of the Holbrook Village Hall Committee but indicated that his interests were such that he was able to speak and vote on the item in question.

Mr P G Gibson declared a personal interest in Minute No. 70 below by virtue of being a Council representative on the Dedham Vale Area of Outstanding Natural Beauty Committee but indicated that his interest was such that he was able to speak and vote on the item in question.

Mr A J Ward declared a personal interest in Minute No. 70 below by virtue of being President of the Brantham Cricket Club but indicated that his interest was such that he was able to speak and vote on the item in question.

Mr B Riley declared a personal interest in Minute No. 70 below by virtue of being a Council Representative on the Hadleigh High School Dual Use Sports Centre but indicated that his interest was such that he was able to speak and vote on the item in question.

Mrs M O Munson declared a personal interest in Minute No. 70 below by virtue of being a Governor of the Hadleigh High School but indicated that her interest was such that she was able to speak and vote on the item in question.

Mr M Newman declared a personal interest in Minute No. 70 below by virtue of being a Member of the Great Cornard Sports Centre Management Team and a Trustee of the Stevenson Centre but indicated that his interests were such that he was able to speak and vote on the item in question.

Dr M R Miller declared a personal interest in Minute No. 70 below by virtue of being a Council Representative on the East Bergholt High School Dual Use Sports Centre but indicated that his interest was such that he was able to speak and vote on the item in question.

Mr D L Wood declared a personal interest in Minute No. 70 below by virtue of being a Suffolk County Council representative on the Suffolk Coast and Heath Joint Advisory Committee and the Dedham Vale Area and Stour Valley Joint Advisory Committee but indicated that his interests were such that he was able to speak and vote on the item in question.

Mr C W Arthey declared a personal interest in Minute No. 70 below by virtue of being a Trustee of Lindsey Village Hall Committee and Kersey Village Hall Committee but indicated that his interests were such that he was able to speak and vote on the item in question.

Ms J A Jenkins declared a personal interest in Minute No. 70 below by virtue of being a Member of Leavenheath Village Hall Committee but indicated that her interest was such that she was able to speak and vote on the item in question.

Mrs S M Wigglesworth declared a personal interest in Minute No. 70 below by virtue of being a Trustee of Polstead Village Hall and the Suffolk Cinema Network but indicated that her interests were such that she was able to speak and vote on the item in question.

Mr D M Walton subsequently declared a personal interest in Minute No. 70 below by virtue of being a Trustee of the Stevenson Centre but indicated that his interest was such that he was able to speak and vote on the item in question.

67 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:-

Petition signed by approximately 2160 residents of the District opposing the introduction of long stay car parking charges and urging the Council not to start charging motorists £1.50 to use its long stay car parking spaces in Sudbury, Hadleigh and Lavenham. Receipt of the petition was reported to the Strategy Committee at its meeting on 11 February 2010, when the Chairman of the Committee reported to the meeting that the wording of the petition is not accurate in that the Council at its meeting on 28 January made the decision to introduce a long stay car parking charge of £1.50, with the first three hours being free, in Station Road and The Station car parks in Sudbury and Magdalen Road and Stonehouse Road car parks in Hadleigh. The effect of these charges had been incorporated into the draft Budget for 2010/11 (the document attached to Paper J182) as agreed by the Council at the same meeting.

Although the petition refers to Lavenham, this is incorrect as the Council has made a clear decision not to charge in Lavenham.

The Council in making its decision took into account all relevant issues and the petition does not indicate any further matters that require consideration or give any specific reasons for opposing the introduction of charges.

68 RECOMMENDATIONS AND REPORTS FROM COMMITTEES

Mr N A Ridley, Chairman of the Strategy Committee, presented the Pin Mill Task Group’s report (Paper J179), whose recommendations had been agreed by Strategy Committee.

It was noted that Ipswich Borough Council had verbally agreed to support the proposals contained in Paper J179.

(2) That, subject to the granting of a licence (or similar arrangement) by Ipswich Borough Council to allow charging for defined activities on the Hard, a ‘Not For Profit’ Management Company be set up by the Council, the membership of which shall be drawn from those listed in paragraph 5.8 of Paper J179.

(3) That neither of recommendations (1) and (2) be implemented without the approval of both by Ipswich Borough Council.

(4) That if the above recommendations are satisfied, a contribution of £5,000 per annum be made for three years from 1 April 2010 from the Council’s car parking income from its Pin Mill car park to the ‘Not For Profit’ Management Company.

69 RECOMMENDATIONS AND REPORTS FROM TASK GROUPS/PANELS ETC.

Collective Agreement on Variation to Employment Terms and Conditions of Service (Staff Joint Consultative Committee)

Mr D C Rose, Vice-Chairman of the Staff Joint Consultative Committee, introduced this item and referred to Paper J193 relating to the collective agreement between Unison and Management on the variation to terms and conditions of employment for all staff.

That the collective agreement negotiated and agreed by Unison and Management representatives as set out in Appendix (a) to Paper J193 be approved.

70 MEDIUM TERM FINANCIAL STRATEGY AND 2010/11 BUDGET

Members had before them a report by the Director of Finance (Paper J194), together with the Policy and Budget Framework document appended to the report. It was noted that the precept of the Suffolk Police Authority had been approved at a meeting on 22 February 2010. Circulated at the meeting was the updated level of Council Tax for all parishes in the Babergh District (all bands) for 2010/11 which would be incorporated into Recommendation 11 of Paper J194.

The Council was asked to pass the necessary resolutions in relation to the budget and to the making and collection of Council Tax for 2010/11 as set out in Paper J194 and the relevant Appendices to that report.

Members asked a number of detailed questions on the budget which were answered by the Director of Finance.

During the consideration of this item, the following amendment was proposed “That all staff and visitors using Babergh’s staff car parks should be subject to the same charging regime as users of the Council’s long-term car parks in Magdalen Road, Hadleigh and elsewhere”. The Solicitor to the Council gave advice to the meeting that the proposals to determine car parking had been discussed at the previous meeting and in accordance with Council Procedure Rule No. 21.1, then the meeting was unable to consider the amendment. The proposer of the amendment (which had not received a seconder) did not pursue the proposal.

The recommendations contained in Paper J194 were proposed and seconded, the subject of a lengthy discussion and a recorded vote was requested in accordance with Council Procedure Rule No. 22.5. The result of the recorded vote was as follows:-

PARISH	2010/11 Parish Precept £	Tax Base	2010/11 Amount Band D £	PARISH	2010/11 Parish Precept £	Tax Base	2010/11 Amount Band D £
Acton	44,000.00	648.07	67.89	Kersey	6,033.00	180.99	33.33
Aldham	1,050.00	85.67	12.26	Kettlebaston	500.00	38.36	13.03
Alpheton	2,488.00	109.60	22.70	Lavenham	25,000.00	865.07	28.90
Arwarton	0.00	52.87	0.00	Lawshall	7,000.00	368.19	19.01
Assington	5,750.00	173.48	33.15	Layham	8,100.00	247.25	32.76
Belstead	5,000.00	90.47	55.27	Leavenheath	16,700.00	592.29	28.20
Bentley	12,000.00	331.55	36.19	Lindsey	1,758.00	84.72	20.75
Bildeston	17,745.00	395.48	44.87	Little Cornard	2,309.00	142.61	16.19
Boxford	32,400.00	517.39	62.62	Little Waldingfield	4,125.00	147.97	27.88
Boxted	400.00	54.52	7.34	Little Wenham	0.00	20.53	0.00
Brantham	41,073.00	896.56	45.81	Long Melford	68,120.00	1,483.99	45.90
Brent Eleigh	500.00	82.54	6.06	Milden	850.00	54.67	15.55
Brettenham	4,150.00	112.93	36.75	Monks Eleigh	9,975.00	244.56	40.79
Bures St Mary	21,496.00	389.33	55.21	Nayland with Wissington	32,500.00	528.96	61.44
Burstall	3,500.00	93.23	37.54	Nedging with Naughton	4,650.00	162.70	28.58
Capel St Mary	62,951.00	1,135.25	55.45	Newton	7,300.00	212.18	34.40
Chattisham / Hintlesham	4,800.00	311.84	15.39	Pinewood	123,162.00	1,499.50	82.14
Chelmondiston	23,000.00	418.11	55.01	Polstead	11,770.00	387.04	30.41
Chelsworth	600.00	84.45	7.10	Preston St Mary	3,400.00	91.31	37.24
Chilton	5,000.00	154.05	32.46	Raydon	7,700.00	211.32	36.44
Cockfield	9,000.00	382.29	23.54	Semer	400.00	69.22	5.78
Copdock & Washbrook	24,000.00	431.41	55.63	Shelley	0.00	30.80	0.00
East Bergholt	26,000.00	1,131.70	22.97	Shimpling	4,345.00	184.05	23.61
Edwardstone	4,935.00	167.60	29.45	Shotley	44,324.00	774.80	57.21
Elmsett	9,500.00	311.92	30.46	Somerton	400.00	39.60	10.10
Freston	950.00	51.04	18.61	Sproughton	44,940.00	544.53	82.53
Glemsford	71,000.00	1,222.91	58.06	Stanstead	8,400.00	152.77	54.98
Great Cornard	192,908.00	2,653.73	72.69	Stoke by Nayland	11,000.00	313.60	35.08
Great Waldingfield	25,500.00	568.25	44.87	Stratford St Mary	13,800.00	323.45	42.67
Great Wenham	0.00	63.33	0.00	Stutton	11,000.00	346.57	31.74
Groton	3,850.00	130.41	29.52	Sudbury	555,000.00	4,492.99	123.53
Hadleigh	295,935.00	2,890.28	102.39	Tattingstone	8,158.00	227.98	35.78
Harkstead	2,500.00	118.62	21.08	Thorpe Morieux	1,500.00	107.78	13.92
Hartest	9,000.00	214.11	42.03	Wattisham	1,500.00	42.94	34.93
Higham	0.00	79.41	0.00	Whatfield	3,000.00	126.83	23.65
Hitcham	7,000.00	293.09	23.88	Wherstead	2,856.00	115.33	24.76
Holbrook	18,000.00	617.48	29.15	Woolverstone	2,600.00	90.43	28.75
Holton St Mary	4,500.00	93.90	47.92
				TOTAL PRECEPT	2,046,656
				TOTAL TAX BASE		33,106.75

(2) That the Budget set out in the Policy and Budget Framework 2010/11, including the prudential indicators for capital finance and treasury management and the Minimum Revenue Provision policy statement and the Budget Risk Assessment, be approved.

(3) That the revised General Fund charges are implemented with effect from 1 April 2010, other than the £1.50 long-stay car parking charge, which will be implemented in 2010/11 with an anticipated start date of October 2010 or earlier if possible.

(4) That the weekly rents for Council’s dwellings and compulsory let garages be increased on average by 1.9% and in accordance with the rent restructuring requirements with effect from Monday, 19 April 2010.

(5) That the revised Council housing charges, including the rents for garages and car ports which are not compulsorily let with dwellings are implemented with effect from Monday, 19 April 2010.

(6) Where expenditure is included within the approved budget, the Director of Finance be empowered to:-

· Vary the timing of revenue and capital payments from the current financial year to 2010/11 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.

(7) That the Director of Finance be authorised to make any necessary amendments to the Policy and Budget Framework 2010/11 document following approval to the budget.

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

(a) 33,106.75 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 2010/11.

(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 2010/11 in accordance with Sections 32 to 36 of the Local Government Finance Act 1992:

(a) £55,957,796 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) £43,072,880 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) £12,884,916 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) £6,236,060 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 increased by the amount of the sums which the Council estimates will be transferred in the year from its Collection Fund to its General Fund in accordance with Section 97(3) of the Local Government Finance Act 1988 (Council Tax Surplus) and increased by the amount of any sum which the Council estimates will be transferred from its Collection Fund to its General Fund pursuant to the Collection Fund (Community Charges) directions under Section 98(4) of the Local Government Finance Act 1988 made on 7 February 1994 (Community Charge Surplus) and reduced by the amount representing the authority's contribution to Council Tax benefit resulting from an increase in its Council Tax calculated in accordance with the Collection Fund (General) (England) Directions 2000, the Collection Fund (Council Tax Benefit) (England) Direction 2000 the Local Authorities (Alteration of Requisite Calculations) (England) (Regulations 2000 and the Collection Fund (adjustments for previous years) (England) Directions 2000.

(e) £200.83 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) £2,046,656 being the aggregate amount of all special items referred to in Section 34(1) of the Act.

(g) £139.01 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.

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 2010/11 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:-

(11) That, having calculated the aggregate in each case of the amount 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 2010/11 for each of the categories of dwellings shown below:

(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 Director of Finance, in consultation with the Chairman of the Strategy Committee, if it is felt to be essential to do so.

(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:-

(ii) to issue 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.

(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.

71 QUESTIONS FROM THE PUBLIC

72 QUESTIONS FROM MEMBERS

Pension Fund

How much of this years Revenue budget and next years proposed budget will be paid in Top Up payments to the SCC Pension Fund to reduce our shortfall, and what percentage is this of our overall Revenue Budget of 2009/10 and the proposed budget for 2010/11.

Members are reminded that the Local Government Pension Scheme is statutory and that all Local Authorities are obliged to meet the costs associated with it.

The Council’s 2009/10 and 2010/11 Budget includes provision for a payment of £933,000 in each year towards Babergh’s deficit on the Pension Fund. This was agreed in principle by the Strategy Committee in March 2008, based on the last tri-ennial valuation by the Fund actuary. All Suffolk Councils are making deficit payments. Members will receive a report on the next valuation in either late 2010 or early 2011.

This cost is shared between the General Fund and the Housing Revenue Account (the latter relating to Council Housing). The amounts involved are £731,000 and £202,000 respectively.

In both 2009/10 and 2010/11, these equate to 4.25% of the total Budget for General Fund Expenditure of £17.2m (excluding Housing Benefit payments) and 1.9% of the total Housing Revenue Account Expenditure Budget of nearly £11m.

In relation to the General Fund Budget Members should note that the total expenditure that I have quoted is what the Council plans to spend before specific grants, fees, charges and other income. As Members are aware, the net Budget taking these into account is around £11m in 2010/11.

73 APPOINTMENT OF MEMBERS TO SERVE ON THE SUFFOLK COMMUNITY REFERENCE GROUP (CRG)

The Director of Corporate of Services reported that Babergh District Council has been asked to appoint a Member to serve on the CRG which will be a Board of patient and community representatives who each have expertise based on locality, health conditions or protected characteristics under equality and diversity legislation. It was noted that Babergh District Council has been requested to nominate a Member representing the Sudbury and District area.

That the Chief Executive, in consultation with the Chairman of the Council, be delegated authority to appoint a Member representative to serve on the Suffolk Community Reference Group.

Minutes - 23 February 2010

Summary