Minutes - 20 October 2009

BABERGH DISTRICT COUNCIL                                                        COUNCIL MEETING

MINUTES OF THE MEETING OF THE BABERGH DISTRICT COUNCIL HELD IN THE COUNCIL CHAMBER, COUNCIL OFFICES, CORKS LANE, HADLEIGH ON TUESDAY 20 OCTOBER 2009

PRESENT:      Ms J A Jenkins – Chairman

The following Members were unable to be present:-

Mr P K Beer, Mrs S Carpendale, Mr P G Gibson, Mr M Newman and Mrs C A Todd.

The proceedings were opened with a short prayer for those Members who had chosen to participate.

26 - Minutes
27 - Declaration of Interests
28 - Chairman's Announcements
29 - To Receive Notification of Petitions in Accordance with Council Procedure Rule No.13
30 - Recommendations and Reports from Committees
31 - State of the District Debate
32 - Questions from the Public
33 - Questions from Members
34 - Action Out of Meeting
35 - Exclusion of Public (which term includes the press)
36 - Development of Swimming Provision in Partnership with South Suffolk Leisure (Strategy Committee Minute No 59) (Exempt Information by virtue of paragraph 3 of Part 1)

26        MINUTES

RESOLVED

That the Minutes of the meeting held on 25 June 2009 be confirmed and signed as a correct record.

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27        DECLARATION OF INTERESTS

Mr G S White and Mr B L Lazenby declared personal and prejudicial interests in respect of the item referred to in Minute No. 36 (Development of Swimming Provision in Partnership with South Suffolk Leisure) in their capacity as Trustees of SSL and were not present during the consideration of this item.

Mrs J Antill, Mr R E Kemp and Mr G S White declared personal interests in the item referred to in Minute No. 30(e) (Interim Report on the 2009/10 SFP Process) in their capacity as Trustees of the CAB but indicated that their interests were such that they were able to speak and vote on the matter.

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28        CHAIRMAN’S ANNOUNCEMENTS

(a)       Mr P Down

The Chairman made reference to the attendance at the meeting of Peter Down, an independent Member of the Standards Committee, who was present as an observer.

(b)       Change to order of agenda items

Members were advised that the item relating to the State of the District Debate would be taken as the final item on the agenda.

Note:   Due to lack of time, it was subsequently agreed to defer consideration of this item to a future meeting (Minute No 31 refers).

(c)       Mr A F D W Osborne

The Chairman on behalf of Members welcomed Adrian Osborne to the meeting following his recent operation.

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29        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:-

Alleged Noise Nuisance from Port of Ipswich on Cliff Quay

Petition signed by approximately 40 residents of the District.

The receipt of the petition was reported to the Strategy Committee at its meeting on 8 October 2009.  The issues raised are being dealt with by the Head of Natural and Built Environment under his delegated powers.

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30        RECOMMENDATIONS AND REPORTS FROM COMMITTEES

(a)       Member Involvement at Ward Level (Strategy Committee Minute No. 21)

RESOLVED

That the Director of Corporate Services, in consultation with the Chairman of Strategy Committee be authorised to update Appendix 1 to Paper J39 and that the Member/Officer Protocol in the Council’s Constitution be amended accordingly.

(b)       Affordable Housing Programme (Strategy Committee Minute No. 42)

Members noted that the estimated number of units to be provided showed a net increase of 79 (compared to the gross increase of 83). 

In response to comments made during the course of the discussion about specific schemes and in relation to the means by which schemes are brought forward, reference was made to the list of schemes being very much work in progress and the Head of Community Development stressed that full consultation would take place on all schemes at the appropriate time.  In view of Members’ concerns, an amendment was moved to the Strategy Committee recommendation to reiterate the importance of consultation and in particular the involvement of local Members.  The amendment was carried on being put to the vote, as was the substantive motion.

RESOLVED

That the schemes on Babergh owned land as shown in Part 1 of Appendix 1 toPaper J85 be approved in principle and be included within the Council’s Affordable Housing Programme, it being noted that all schemes require full consultation with the local Member(s), together with parishes, stakeholders, tenants and others.  Further, that the inclusion within the programme of the schemes on privately owned land as shown in Part 2 of Appendix 1 to Paper J85 be noted.

(c)        The Council’s Annual Report 2008/09 (Overview and Scrutiny (Stewardship) Committee Minute No. 39)

During the discussion on this item a minor amendment to the wording of the recommendation was put forward in order to clarify the intention for the Council to adopt the draft report.  It was noted that an opportunity for the public to ask questions about the adopted Report would be provided by way of a link on the website, and that a summary would be provided in Babergh Matters.  In response to a question about the meaning of ‘Local Need’ in relation to housing the Deputy Chief Executive undertook to circulate the definition to all Members.

RESOLVED

That the draft Annual Report attached as Appendix A to Paper J91 be adopted subject to the Director of Corporate Services being authorised to make final amendments to the draft prior to its publication.

(d)       Gambling Act 2005: Statement of Licensing Principles (Licensing and Appeals Committee Minute No. 5)

Members had before them Paper J97 excluding Appendix 1, which was replaced by Paper J117 circulated with the Agenda for the meeting, incorporating updated population figures requested by the Licensing and Appeals Committee.

RESOLVED

That the Gambling Act 2005 Statement of Licensing Principles  document ( Paper J117) be adopted and published to take effect for a three-year period from 31 January 2010.

(e)       Interim Report on the 2009/10 Strategic and Financial Planning Process (Strategy Committee Minute No. 55)

Members had before them Paper J105 relating to the Council’s medium term planning, savings and efficiencies and the development of the 2010/11 Budget. 

Mr N A Ridley, Chairman of the Strategy Committee, in introducing the recommendations of that Committee referred to the unusual step of reporting to Council at this stage of the budget process, reflecting the seriousness of the financial position facing the Council which is under the imperative of presenting a balanced budget for 2010/11, without which it cannot operate.

Mr Ridley asked Members to look for a consensus on how the challenge of a balanced budget could be met and hoped that a broad understanding of the issues could be achieved among Members.  He also referred to the challenges posed by the national economic situation, the 2010 General Election, continuing uncertainty around LGR, and the likelihood of cutbacks in the Government Grant Settlement for 2011/12 onwards, with the possibility that grant cuts for 2010/11 could not be ruled out.  He also highlighted the main conclusions from the SFP Task Group’s consideration to date which included the effect of various levels of Government Grant and Council Tax on savings, the lack of reserves, the potential savings put forward by officers (including the potential size of the contribution to savings from staff related expenditure) and the shortfall that still had to be found, even if all these potential savings were realised.

He acknowledged that some Members had concerns about specific issues, including the possible introduction of car parking charges, but urged Members to support the entirety of Paper J105.  At this point he also made reference to a letter received from Sudbury Town Council in relation to its concerns on parking charges and related issues, and stated that, if this option remained on the table, the matters raised would be referred for consideration through the Strategic and Financial Planning process.  Members were aware that a further report on savings, costs and Council Tax would be presented to a future Council meeting.

Following the introduction by Mr Ridley, the Director of Finance and the Chief Executive gave a PowerPoint presentation to amplify and explain the issues before the Council in more detail.  Copies of the presentation slides were circulated at the end of the meeting and are attached to these Minutes as Appendix 1.

A lengthy debate followed on the areas and items identified for further consideration through the SFP process.  Notwithstanding the Strategy Committee recommendation (which had been proposed and seconded) that all the items in Paper J105 be the subject of further consideration, an amendment was moved that no further consideration be given to any proposal to introduce charges for car parks, particularly the larger ones in Hadleigh and Sudbury which are currently free at the point of use.  Following the discussion on the amendment a recorded vote was requested in accordance with Council Procedure Rule No. 22.5.  The result of the recorded vote was as follows:-

The amendment was declared lost by 24 votes to 10.

A further amendment to the original motion was then proposed and seconded, to reflect views expressed during the debate, that the feasibility and cost implications of transferring car parks to Town/Parish Councils should be looked at by the SFP Task Group.  Reference was also made to the situation of the Council’s staff car parks at the Corks Lane offices, if charging were to be introduced.  On being put to the vote, the amendment was carried and became the substantive motion, no further amendments having been moved.

RESOLVED

(1)        That the current position on achieving the Council’s savings and efficiencies targets for 2009/10 and 2010/11, and the current position on the development of the 2010/11 Budget, be noted.

(2)        That the approaches and specific actions set out in Paper J105 to seek to meet the savings and efficiencies targets in order to achieve a balanced 2010/11 Budget be endorsed; and that these be referred to the SFP Task Group for development and identification of the likely impact on service levels and staffing establishment.

(3)       Further, that the SFP Task Group be asked to also consider (a) the transfer of responsibility for the Council’s public car parks in Sudbury, Hadleigh and Lavenham to the respective Town and Parish Councils as a possible alternative to long stay car park charging and (b) the situation regarding provision of parking for staff.

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At this point the meeting adjourned for lunch at 2.15 p.m. and resumed at 2.55 p.m. when the following Members were present:-

                    Ms J A Jenkins (Chairman)

31        STATE OF THE DISTRICT DEBATE

RESOLVED

That consideration of Paper J118 (the report of the Strategic and Financial Planning Task Group) be deferred to a future meeting of the Council on a date to be arranged in consultation with the Chairman of the Council.

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Note:  Consideration of this item subsequently took place at the Council meeting   held on Thursday 29 October 2009.

32        QUESTIONS FROM THE PUBLIC

None received.

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33        QUESTIONS FROM MEMBERS

None received.

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34               ACTION OUT OF MEETING

(a)               Land adjacent to Palfrey Heights, Brantham and 3 Boleyn Place, Erwarton

(b)               45-51 Wattisham Road, Bildeston

RESOLVED

That the action taken to include the above schemes within the Council’s Affordable Housing Programme, as detailed in Paper J119, be noted.

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35        EXCLUSION OF PUBLIC (WHICH TERM INCLUDES THE PRESS)

RESOLVED

That pursuant to Part 1 of Schedule 12A of the Local Government Act 1972, 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 Council was satisfied that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

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36        DEVELOPMENT OF SWIMMING PROVISION IN PARTNERSHIP WITH SOUTH SUFFOLK LEISURE (Strategy Committee Minute No 59) (Exempt Information by virtue of paragraph 3 of Part 1)

The Minute relating to the above mentioned item is excluded from the public record.  The summary of the Minute made by the Proper Officer in accordance with sub-section 2 of section 100(c) of the Local Government Act 1972 is set out below.

Members had before them Paper J108 which was considered by the Strategy Committee at its meeting on 8 October 2009 together with Paper J120 which set out the consideration and recommendation of the Strategy Committee on this matter.  Members accepted the Strategy Committee’s recommendation and resolved accordingly.

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The meeting adjourned between 11.00 a.m. and 11.25 a.m. for refreshments.

The business of the meeting was concluded at 3.00 p.m.

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Chairman