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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 TUESDAY 17 APRIL 2007
Quick Links
- 87 - Additional Item,
- 88 - Minutes,
- 89 - Declaration of Interests,
- 90 - Chairman's Announcements,
- 91 - To receive notification of Petitions in accordance with Council Procedure Rule No. 13,
- 92 - Recommendations and Reports from Committees - Notice of Motion - Brown Bin Garden Waste Collection Service,
- 93 - Annual Report of the Overview and Scrutiny (Stewardship) Committee,
- 94 - Annual Report of the Overview and Scrutiny (Community Services) Committee,
- 95 - Annual Report of the Standards Committee,
- 96 - Questions from the Public,
- 97 - Questions from Members,
- 98 - Membership of Committees for New Term of Office,
- 99 - British Forces Free Postage Position,
- 100 - Exclusion of the Public (which term includes the Press),
- 101 - Municipal Mutual Insurance Limited v. Babergh District Council and Others - Insurance Litigation.
PRESENT: Mr R W Thake – Chairman
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Mr C W Arthey
Mrs E F Bates
Mr J C Brand
Mr D M Busby
Miss J J Chapman
Mrs S P Clarke
Mr K Grimsey
Mr A J Hinton
Mr P J Holbrook
Mr C J Hunt
Mr B D Hurren
Mr N H J Irwin
Ms J A Jenkins
Mr P Jones
Mr D H Keane
Mr R E Kemp |
Mr B L Lazenby
Mr J A B Long
Mr N MacMaster
Mr J M Owen
Mr A E Pearce
Mr N A Ridley
Mr D C Rose
Mrs W J Sadler
Mr J R A Sayers
Mr C M Spence
Mr H N Todd
Mr G S White
Mrs S M Wigglesworth
Mr D L Wood
Mr L H Young |
The following Members were unable to be present:- Mr A C Bavington, Mr P K Beer, Mr N A Bennett, Mr M P Booth, Mrs S Carpendale, Mr D G Grutchfield, Mr C D Kerr, Dr M R Miller, Mr J J Quinlan Mr D J Read and Mr J W Roberts.
The proceedings opened with Prayer.
The Local Government (Access to Information) Act 1985 provides that an item of business may not be considered by a Committee unless it is included on an Agenda. The Act does, however, make provision for an exception to this general rule to be made where by reason of special circumstances the Chairman of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.
The Chairman advised Members that a situation had arisen where it had become necessary for the Committee to consider the following matter not included on the Agenda (Municipal Mutual Insurance Limited v. Babergh District Council & Others – Insurance Litigation) and that he was satisfied that there were good reasons for dealing with this item at this meeting as a matter of urgency.
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RESOLVED
That the Minutes of the meetings held on 26 February 2007 be confirmed and signed as a correct record.
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Mr B D Hurren declared a prejudicial interest in the additional item to be included on the Agenda (Minute No. 101 below) which had arisen from an issue in his Ward and related to a family well known to him.
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Retiring Members
The Chairman thanked all those Members, Miss J J Chapman, Mr C D Kerr, Mr A E Pearce
Mr J J Quinlan, Mr D J Read, Mr J W Roberts and Mrs W J Sadler, who were not standing for re-election in May. He wished Members well for the future and was thanked for his Chairmanship over the past year.
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In accordance with Council Procedure Rule No. 13 it was noted that the following petition had been received:-
Village Pond at Laurel Drive, Long Melford
Petition signed by approximately 156 residents requesting the reinstatement of the pond to its original area, and the restoration of its wildlife population. [The pond was dredged in March]. Receipt of the petition will be reported to the Development Committee and dealt with by the Head of Contract and Asset Management.
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Members had before them the Notice of Motion (as set out below) which was moved by Mr Kemp at the Council meeting on 19 December 2006, together with the recommendation of the Overview and Scrutiny (Community Services) and Strategy Committees following their investigation into Mr Kemp’s proposals.
“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.”
Mr N Ridley, Chairman of the Strategy Committee, proposed the recommendation of the Committees which was that the Notice of Motion should not be accepted and the current arrangements remain unchanged. During the course of the ensuing debate it was accepted that the Notice of Motion focussed on a particular aspect which was part of a wider issue relating to the Council’s Strategic Charging Policy. Members generally accepted that the Council might wish to give the issues further consideration during the life of the new Council and the proposer and seconder of the recommendation agreed to incorporate a minor amendment to facilitate this.
RESOLVED
That the Notice of Motion set out above be not accepted and that the current arrangements for the collection of garden waste remain with charges being reduced for qualifying individuals in accordance with the Council’s strategic charging policy, subject to further review of the charging policy.
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Ms J A Jenkins, Chairman of the Overview and Scrutiny (Stewardship) Committee presented the Committee’s annual report (Paper F216).
RESOLVED
(1) That the annual report of the Overview and Scrutiny (Stewardship) Committee for 2006/07 as set out in Paper F216 and Appendix 1 – Resume of Work 2006/07 be noted.
(2) That the Committee Work Plan for 2007/08 as set out in Appendix 2 to Paper F216 be noted.
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Mr C J Hunt, Chairman of the Overview and Scrutiny (Community Services) Committee presented the Committee’s annual report (Paper F217). During the course of the discussion Members’ attention was drawn to the use of the standard Planning Assessment Sheet for scoping items to be added to Work Plans, with the approval of the relevant Committee.
RESOLVED
(1) That the annual report of the Overview and Scrutiny (Stewardship) Committee for 2006/07 as set out in Paper F217 and Appendix 1 – Resume of Work 2006/07 be noted.
(2) That the Committee Work Plan for 2007/08 as set out in Appendix 2 to Paper F217 be noted.
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Mrs S P Clarke, Chairman of the Standards Committee presented the Committee’s annual report (Paper F218), drawing particular attention to the recently published revised Code of Conduct which was to be considered by the Standards Committee at its meeting on 20 April 2007 for adoption by the Council on 17 May 2007. Members were also asked to note the ‘local filter’ process (for the investigation of complaints) to be introduced under the new regime which is expected to be implemented from April 2008.
RESOLVED
That Paper F218 be noted.
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None received.
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None received.
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(a) Proposed arrangements for Appointing Ungrouped Members to Committees, etc.
The Head of Corporate Services reported that at Annual Meeting on 17 May 2007 the Council will need to appoint Members to serve on Committees and outside bodies. In this connection, as has happened previously the Council was asked to agree to the draft list being compiled by the Chairman of the Council who remains in office in that capacity until the Annual Meeting.
RESOLVED
That the following procedures for enabling draft lists of Committee memberships to be prepared for consideration at the Annual Meeting be approved as follows:-
3 May 2007 Election Day
4 May 2007 Councillors elected
4 May 2007 Head of Corporate Services to write to Councillors asking them to indicate
(a) which Committees, Task Groups and Panels etc. they wish to be considered to serve on
(b) nominations for appointments on outside bodies
8 May 2007 Latest date for receipt of Members’ preferences and nominations
9 May 2007 Meeting with Group Leaders and Chairman of the Council to agree draft Committee, etc. lists
10 May 2007 Draft Committee etc. lists to be prepared for consideration by Council at the Annual Meeting
10 May 2007 Draft Committee etc. lists to be sent to all Members
17 May 2007 Annual Council Meeting
(b) Proposed Arrangements for Appointing Members in Political Groupings to Committees, etc
The Head of Corporate Services reported on the arrangements if two or more Members decided following the elections to form themselves into a political group or groups for Committee composition purposes under the Local Government and Housing Act 1989. In this situation those Members who had formed themselves into such a group(s) would not normally be allocated Committee seats in accordance with the arrangements referred to in (a) above.
Members were also informed that the normal procedure for such Members would be that at the Annual Meeting the Council would merely allocate the number of Committee seats for political group(s) according to the formula laid down in the Local Government and Housing Act 1989. This basically provides for Members of a political group to have the appropriate number of seats on Committees in proportion to their membership of the whole Council.
Once the number of Committee seats has been allocated to the group(s), then the group(s) has to be given a period of time of up to 21 days (as provided for in the Act) in which to nominate the Members to serve on those Committees. However, the leaders of the Labour, Conservative, Lib-Dem and Independent Groups were asked whether they would be agreeable to a much shorter period for submitting nominations (as happened at the time of the last election) as otherwise it would not be possible for any Committee meetings to be held until approximately 4 weeks after the Annual Meeting of the Council on 17 May 2007.
The existing political group leaders had indicated that they would agree to submit nominations for Committee seats at an earlier date to enable the business of the Council to be carried out expeditiously.
RESOLVED
That subject to any political group leader(s) agreeing to submit nominations for Committee, Panel and Task Group seats at a earlier date to enable the business of the Council to be carried out expeditiously, the following procedures be approved (but accepting that any political groups are able to deliver nominations for allocated seats outside the timetable contained therein should they so wish).
8 May 2007 Notice of formation of any political group(s) for Committee composition purposes to be delivered to the Head of Corporate Services if these are to take effect from the Annual Council Meeting.
9 May 2007 Meeting with Group Leaders (and Chairman of the Council if appropriate) to agree draft Committee, etc. lists.
17 May 2007 Annual Council Meeting.
(2) That where the Council or any Committee has determined the allocation to different political groups of the seats on a body to which Section 15 of the Local Government and Housing Act 1989 applies, the Head of Corporate Services be delegated the power to make appointments to that body so as to give effect
(a) as soon as practicable after the determination, and
(b) if a vacancy subsequently occurs on that body, as soon as practicable after the occurrence of the vacancy
about who is to be appointed to the seats on that body which are allocated to a particular political group as are expressed by that group.
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The Chief Executive reported that a letter (attached as Paper F219) had been sent to all English Local Authorities by Tewkesbury Borough Council, requesting support to a Motion seeking reinstatement of a free parcel service to British Forces and their families stationed overseas. Members noted that the Political Leaders Group had considered this matter and recommended the Council to support the Motion. All Parish Councils in the Babergh area had been circulated with the information and were asked to respond direct to Tewkesbury Borough Council if they wished to support the Motion.
RESOLVED
That Babergh District Council supports the Motion put forward by Tewkesbury Borough Council as detailed in Paper F219.
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RESOLVED
That the public 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.
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The Solicitor to the Council presented Paper F223 and outlined the background to the recommendation to authorise the taking of appropriate action in relation to this case.
RESOLVED
That authority be delegated to the Chief Executive in consultation with the Chairman of the Council and the Chairman of Strategy Committee to authorise the incurrence of such costs as may necessarily arise in or from litigation with Municipal Mutual Insurance Limited.
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The business of the meeting was concluded at 10.55 am.
Chairman
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