Minutes - 15 April 2008

BABERGH DISTRICT COUNCIL                                       ANNUAL COUNCIL MEETING

MINUTES OF THE ANNUAL MEETING OF THE BABERGH DISTRICT COUNCIL HELD IN THE COUNCIL CHAMBER, COUNCIL OFFICES, CORKS LANE, HADLEIGH ON TUESDAY 15 APRIL 2008

PRESENT:                               Mr R W Thake – In the Chair

1    Election of Chairman
2    Election of Vice-Chairman
3    Minutes
4    Declaration of Interests
5    Chairman's Announcements
6    To Receive Notification of Petitions in Accordance with Council Procedure No.13
7    Recommendations and Reports from Committees
8    Questions by the Public
9    Questions from Members
10  Annual Report of tthe Overview and Scrutiny (Stewardship) Committee
11  Annual Report of the Overview and Scrutiny (Community Services) Committee
12  Annual Report of the Standards Committee
13  Political Balance and Composition of Committees
14  Appointment of Substitutes - Council Procedure Rule No.5
15  Election of Chairmen of Committees
16  Task Groups and Panels - (A) Appointment of Members, (B) Annual Reports
17  Member Champion Appointments
18  Representatives on Outside Bodies
19  Exclusion of the Public (which term includes the press)
20  Senior Management Restructure (Strategy Committee Minute No. 134) (Exempt information by virtue of Paragraph 1 of Part 1)

The following Members were unable to be present:-  Mr P K Beer, Mr M P Booth, Mrs S Carpendale, Dr M R Miller, Mr D M Walton.

The proceedings were opened with Prayer.

Prior to the commencement of the meeting Mr Thake welcomed Mr John Newton the recently appointed co-opted Chairman of the Standards Committee.

1    ELECTION OF CHAIRMAN

It was proposed and seconded that Ms J A Jenkins be elected Chairman of the Council for the ensuing year.

Resolved

That Ms J A Jenkins be elected Chairman of the Council for the ensuing year.

Mr R W Thake vacated the chair and Ms J A Jenkins thereupon made her Declaration of Acceptance of Office and presided over the meeting.

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2    ELECTION OF VICE-CHAIRMAN

It was proposed and seconded that Mr D C Rose be elected Vice-Chairman of the Council for the ensuing year.

RESOLVED

That Mr D C Rose be elected Vice-Chairman of the Council for the ensuing year.

Mr D C Rose thereupon made his Declaration of Acceptance of Office.

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3    MINUTES

RESOLVED

That the Minutes of the meetings held on 22 February and 8 April 2008 be confirmed and signed as correct records subject to in Minute No. 83 (8 April 2008) the name of Mr C M Spence being deleted and substituted with the name of Mr D G Grutchfield.

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4    DECLARATION OF INTERESTS

Mr C W Arthey, Mr H N Todd, Mr N A Ridley, Mr D L Wood, Mrs J Antill, Mr D C Rose, Mr R W Thake and Mrs S M Wigglesworth all declared personal interests in respect of the item referred to in Minute No. 17 below by virtue of being Member Champions but indicated that their interest was such that they would be able to speak and vote on the matter concerned.

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5    CHAIRMAN’S ANNOUNCEMENTS

Civic Reception

The Chairman reminded Members that the Chairman’s Reception is to take place on the evening of Friday 4 July at Stoke by Nayland Golf Club.

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6    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:

Application No. B/08/00094 – former Hostel site, Plough Lane, Leavenheat

Petition signed by approximately 29 residents of the District supporting the proposed development which was reported to Development Committee at its meeting on 2 April 2008.

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7    RECOMMENDATIONS AND REPORTS FROM COMMITTEES

(a)               Risk Management Annual Report (Strategy Committee Minute No. 122(a))

Mr N A Ridley, introduced Paper G188 and advised the meeting that since Strategy Committee had considered the report the proposals had been further considered and it was suggested that the responsibility for the overall Risk Management framework be retained in the Finance Division rather than transferred to the Corporate Services Division.

RESOLVED

That the Annual Report of Risk Management, including the updated Risk Management Strategy as set out in Paper G188 be approved subject to:-

Appendix A – Deletion of first bullet point under paragraph 6.

Appendix B – Substitute “Finance Division” for “Policy and Performance Team” under paragraph 3.5.

(b)    Draft Strategic Plan 2008 – 2018 (Strategy Committee Minute No. 123(d))

During consideration of this matter a further minor amendment to the document was proposed and this is incorporated in the resolution referred to below.

RESOLVED

That the Strategic Plan 2008 – 2018 attached as an appendix to Paper G211 be approved subject to:

The words “and seek” being inserted after the words “listen to” under the “Council pledges”.

The words “air quality” being inserted in the final bullet point under “A greener and cleaner Babergh”.

(c)    Strategic Procurement Framework (Strategy Committee Minute No. 123(c))

It was noted that under paragraph 6.1 of the draft document the “vision” should be amended to the following “ambition”:-

A great environment in which to live, work and visit, where people have the opportunity to develop their potential and feel they belong to strong and vibrant communities.

Further, that the table shown in paragraph 7.2 be amended to clarify that the Council spends £12M a year on procurement in relation to capital and revenue expenditure, excluding staff costs.

RESOLVED

(1)    That, subject to the Head of Finance being authorised to make amendments to the document as referred to above the strategic procurement framework attached as Appendix B to Paper G210 be adopted.

(2)    That the Procurement Task Group develops appropriate actions to take forward key elements of the framework and monitors progress, reporting back to the Overview and Scrutiny (Stewardship) Committee during 2008/09.

(d)    Constitution Review (Overview and Scrutiny (Stewardship) Committee Minute No. 72)

RESOLVED

(1)    That the review of the Council’s political structure be deferred in the light of the Government’s announcement on the intended review of the Local Government structure in Suffolk, subject to the Council being prepared to recommence its review at short notice in the event that either the Local Government review is halted or the result of that review is that Babergh continues in existence but that the position be reviewed after one year, or earlier if the structural review is for any reason halted, or if the result of the review is known by then and, as a consequence, Babergh District Council will continue in existence, or if it becomes apparent that the outcome of the structural review will take longer to implement than originally anticipated.

(2)    That the Constitution Review Task Group be stood down for the time being.

(e)    Size and Composition of Standards Committee (Overview and Scrutiny (Stewardship) Committee Minute No. 73)

RESOLVED

(1)    That the membership of the Standards Committee be increased from 8 to 10 Members to include 3 independent Members and 3 Parish/Town representative Members and that the Constitution be amended accordingly.

(2)    That the Standards Committee be authorised to enter joint arrangements for the discharge of functions with the Standards Committee of another authority.

(3)    That subject to recommendation (2) above the Head of Corporate Services be authorised to update the Council’s Scheme of Delegation in Part 3 of the Constitution including details of the joint arrangements together with any consequential amendments.

(f)    Review of the Planning Protocol (Standards Committee Minute No. 50 and Development Committee Minute No. 92)

RESOLVED

That the revisions to the Planning Protocol shown at Appendix 1 to Paper G234 be adopted with immediate effect, subject to the following corrections:-

(a)       In the last bullet point of paragraph 5.1, the word “in” be inserted between the words “note” and “the case file”.

(b)       In the final sentence of paragraph 5.2, the word “if” be substituted for “that”.

(c)       In paragraph 7.6, the word “that” following the word “Further” be deleted.

(d)       Paragraph 9.2 be amended so that it refers to Members with a prejudicial interest.

(e)       The second paragraph numbered 13.3, and all subsequent paragraphs within the section on Site Inspections, be re-numbered.

(f)        Paragraph 13.6 – fourth bullet point – addition of the words “Ward Member(s) and the” before the word “Parish”.

(g)       Paragraph 13.7 – to be amended to read “Any other Members who wish to attend site inspections should first seek the permission of the Chairman of the Committee”.

(g)        Planning Applications – Local Validation Requirements (Development Committee Minute No. 93)

Mr A J Hinton, as Chairman of the Development Committee, introduced this item and informed the meeting that since the matter had been considered by the Development Committee it had been suggested that, to enable the documents to be updated in due course, authority be provided to the Chief Planning Control Officer to make any necessary amendments to the document. 

RESOLVED

(1)    That the Planning Applications: Local Validation Requirements document referred to as Appendix B to Paper G240 be adopted and published for use.

(2)    That the Chief Planning Control Officer, in consultation with the Chairman and Vice-Chairman of the Development Committee, be authorised to make such minor amendments to the Validation Requirements as may be deemed necessary.

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8          QUESTIONS BY THE PUBLIC

None received.

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9          QUESTIONS FROM MEMBERS

None received.

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10    ANNUAL REPORT OF THE OVERVIEW AND SCRUTINY (STEWARDSHIP) COMMITTEE

Mr D M Busby, Chairman of the Overview and Scrutiny (Stewardship) Committee presented the Committee’s Annual Report (Paper H1).

RESOLVED

(1)    That the Annual Report of the Overview and Scrutiny (Stewardship) Committee for 2007/08 as set out in Appendix 1 to Paper H1 be noted.

(2)    That the Committee work plan for 2008/09 as set out in Appendix 2 to Paper H1 be approved.

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11    ANNUAL REPORT OF THE OVERVIEW AND SCRUTINY (COMMUNITY SERVICES) COMMITTEE

Mr J A B Long, Chairman of the Overview and Scrutiny (Community Services) Committee presented the Committee’s Annual Report (Paper H2).

Mr B L Lazenby informed the Meeting that Kersey Parish Council had expressed their thanks for the work undertaken by the District Council in providing a response to the Post Office relating to the Post Office Network Change programme.

RESOLVE

(1)    That the Annual Report of the Overview and Scrutiny (Community Services) Committee for 2007/08 as set out in Appendix 1 to Paper H2 be noted.

(2)    That the Committee work plan for 2008/09 as set out in Appendix 2 to Paper H2 be approved.

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12       ANNUAL REPORT OF THE STANDARDS COMMITTEE

Mr J A B Newton, Chairman of the Standards Committee presented the Committee’s Annual Report (Paper H3).

RESOLVED

That the Annual Report of the Standards Committee for 2007/08 as set out In Paper H3 be noted.

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13       POLITICAL BALANCE AND COMPOSITION OF COMMITTEES

The Head of Corporate Services submitted a report (Paper H4) relating to the Council’s duty to review the allocation of seats to Political Groups and to approve the composition of its Committees.  Members were aware that the names of the Group Members listed in appendix 2 of Paper H4 had been notified by the Group Leaders.

RESOLVED

(1)    That the Committee sizes and numerical allocation of seats be approved as set out below:

(2)    That the ungrouped member, Mr C W Arthey, be appointed to serve on the Development Committee.

(3)    That the composition of Committees be allocated as set out below:-

STRATEGY COMMITTEE

OVERVIEW AND SCRUTINY (STEWARDSHIP) COMMITTEE

OVERVIEW AND SCRUTINY (COMMUNITY SERVICES) COMMITTEE

DEVELOPMENT COMMITTEE

LICENSING AND APPEALS COMMITTEE

HADLEIGH AND DISTRICT SWIMMING POOL TRUST COMMITTEE

STANDARDS COMMITTEE

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14       APPOINTMENT OF SUBSTITUTES – COUNCIL PROCEDURE RULE   NO. 5

The Head of Corporate Services submitted a report (Paper H5) setting out details of substitutes proposed to be appointed under Council Procedure Rule No. 5.

RESOLVED

That substitutes be approved as set out below: -

STRATEGY COMMITTEE

OVERVIEW AND SCRUTINY (STEWARDSHIP) COMMITTEE 

OVERVIEW AND SCRUTINY (COMMUNITY SERVICES) COMMITTEE

DEVELOPMENT COMMITTEE

HADLEIGH AND DISTRICT SWIMMING POOL TRUST COMMITTEE

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15    ELECTION OF CHAIRMEN OF COMMITTEES

During the consideration of this item the names of Mr R W Thake and Mr C W Arthey were proposed and seconded for the Chairman of Development Committee.

It was agreed that voting on this appointment be by ballot, 7 Members having requested this. 

RESOLVED

(1)    That Mr N A Ridley be elected Chairman of the Strategy Committee for the ensuing year.

(2)    That Mr J A B Long be elected Chairman of the Overview and Scrutiny (Community Services) Committee for the ensuing year.

(3)    That Mr D M Busby be elected Chairman of the Overview and Scrutiny (Stewardship) Committee for the ensuing year.

(4)    That Mr R W Thake be elected Chairman of the Development Committee for the ensuing year.

(5)    That Mr B L Lazenby be elected Chairman of the Licensing and Appeals Committee for the ensuing year.

(6)    That Mr D H Keane be elected Chairman of the Hadleigh and District Swimming Pool Trust Committee for the ensuing year.

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16        TASK GROUPS AND PANELS – (A) APPOINTMENT OF MEMBERS, (B) ANNUAL REPORTS

The Head of Corporate Services submitted a report (Paper H6) requesting the Council to consider appointing Members to serve on Task Groups/Panels, to note the progress of the work plans for 2007/08 (Appendix 1) and to approve their work plans for 2008/09 (Appendix 2).

It was also noted that there was a need to establish suitable arrangements to deal with this years Service and Financial Planning and Corporate Plan processes and that the Terms of Reference and make up of a proposed new Task Group would be considered at a future meeting.

RESOLVED

(1)       That the following Task Groups/Panels continue for 2008/09 and that Members be appointed to serve on them as set out below: -

(a)        Human Resources Panel – comprising five Members and to be politically representative wherever possible: -

J Antill                       R W Thake
B L Lazenby              H N Todd
D C Rose

(b)    Substitutes for Staff Joint Consultative Committee (2)

C W Arthey               L H Young

(c)     Pin Mill Task Group (5)

B D Hurren                D C Rose
P Jones                     L H Young
D H Keane

(d)      Village of the Year Awards Panel (4)

J A B Long               J R A Sayers
C A Roberts             L H Young

(e)       Housing Panel (5)

S P Clarke                 D H Keane
D G Grutchfield       S M Wigglesworth
J A Jenkins             

(f)        Procurement Task Group (5)

D G Grutchfield       H N Todd
J A Jenkins    &n