Agenda and minutes

To confirm the minutes (copies attached) of the meetings of the Council held on:-

Dorothy Whittaker had been incorrectly spelt in minute number 45 of the minutes of 25 March 2015. Subject to this amendment, the minutes of the following meetings of Council were confirmed as a correct record and signed by the Mayor:

(a)Council on 24 February 2015

(b)Special Council on 25 March 2015

(c)Annual Council on 19 May 2015

The Mayor reported on the civic engagements and charity activities which he, the Mayoress, Deputy Mayor and Consort had attended since 19 May 2015.

Apologies for absence were received from Councillors Simon Brown, Betty McLatchy, Ivor McLatchy and Angela Rushen.

Members are reminded of their responsibility to declare any pecuniary or local non pecuniary interest which they have in any item of business on the agenda no later than when that item is reached and, when appropriate, to leave the meeting prior to discussion and voting on the item.

Members’ declarations of interest are recorded under the item to which the declaration relates.

Report No. COU/SE/15/020 TO FOLLOW

(Council Procedure Rules 8.1 – 8.3)  Members may ask the Leader questions on the content of both his introductory remarks and the written statement itself.

A total of 30 minutes will be allowed for questions and responses. There will be a limit of five minutes for each question to be asked and answered. A supplementary question arising from the reply may be asked so long as the five minute limit is not exceeded.

(Councillor Wade arrived during the consideration of this item.)

Councillor Griffiths, Leader of the Council, introduced his statement. He had recently attended the Local Government Association (LGA) conference in Harrogate where the main topic of discussion had been devolution. The government had given the opportunity for suggestions to be made by September.

He also referred in his statement to: the Eastern Relief Road and Suffolk Business Park projects; the Haverhill Town Centre Masterplan; Suffolk County Council’s (SCC) proposals regarding waste infrastructure; housing delivery; and strategic plans for transport and infrastructure.

In response to a question, Councillor Griffiths confirmed that St Edmundsbury Borough Council did not charge for brown bin collections at present and careful consideration would be given to the proposals from SCC before deciding what action to take.

(Section 6 of the Council Procedure Rules) Members of the public who live or work in the Borough are invited to put one question of not more than five minutes duration.

(Note: The maximum time to be set aside for this item is 30 minutes, but if all questions are dealt with sooner, or if there are no questions, the Council will proceed to the next business.

Each person may ask one question only. A total of five minutes will be allowed for the question to be put and answered. One further question will be allowed arising directly from the reply, provided that the original time limit of five minutes is not exceeded.

Written questions may be submitted by members of the public to the Service Manager (Democratic Services and Elections) no later than 10.00 am on Monday 6 July 2015. The written notification should detail the full question to be asked at the meeting of the Council.)

There were questions from four members of the public.

In response to a question from Simon Harding of Bury St Edmunds, the Portfolio Holder for Operations, Councillor Stevens indicated that the Cabinet had agreed to publish and consult on the site selection criteria and the relative merits or otherwise of the options it had considered for the proposed operational hub, including Rougham Hill.

In response to a question from Phillip Reeve, on behalf of Fornham St Martin and Great Barton parish councils, Councillor Stevens explained the approach that had been and was to be followed in respect of pre-application consultation on and scrutiny of the proposed operational hub.  

In response to a question from Sarah Bartram of Fornham St Martin Councillor Stevens explained the rationale behind the proposal for a combined operational hub, which included the need to make efficiencies on behalf of taxpayers. He also explained that indicative plans showed a distinct separation between the household waste site and the waste transfer station.

In response to a question from Colin Hilder from Fornham Ward asked whether the Development Control Committee would be reviewing  the Portfolio Holder for Planning and Growth, Councillor Pugh explained plans to improve performance on planning enforcement including the quarterly monitoring which had been introduced.

Report No. COU/SE/15/021

The Council considered the Referrals report of Recommendations contained within Report No: COU/SE/15/021 (previously circulated)

(A)                Referrals from Cabinet: 24 March 2015

1. West Suffolk Safeguarding Policy - Guidelines for Working with Children, Young People and Vulnerable Adults

Councillor Mildmay-White, Portfolio Holder for Housing introduced this report which was about updating and aligning policies across West Suffolk.

On the motion of Councillor Mildmay-White, seconded by Councillor Everitt and duly carried, it was

RESOLVED:

That the revised Safeguarding Policy and Guidelines for working with Children, Young People and Vulnerable Adults, as set out in Appendix A to Report No: CAB/SE/15/026, be adopted.

(B)               Referrals from Cabinet: 28 May 2015

1. West Suffolk Joint Pay Policy Statement 2015/2016

Councillor Houlder, Portfolio Holder for Resources and Performance explained that the Council were required to report on salary structures annually in order to comply with the Localism Act 2011. The median salary ratio for West Suffolk was 4.8:1 which was within the guidelines of 8:1. At the lowest levels, the Council paid the living wage (rather than the minimum wage) after probation.

A written answer would be provided to Councillor Cockle who wanted to know if any officer had needed to have a pay cut in order to be equal to their counterpart in the other authority.

On the motion of Councillor Houlder, seconded by Councillor Springett and duly carried it was

RESOLVED:

That the West Suffolk Joint Pay Policy Statement for 2015/2016 contained in Appendix 1 to Report No. CAB/SE/15/033 be approved.

(C)               Referrals from Cabinet: 23 June 2015

1. West Suffolk Operational Hub

Councillor Stevens, Portfolio Holder for Operations introduced this report which sought funding of £82,000 in order for the project to progress. He explained the background to the proposal, and rationale for the project and indicated that elements of the feasibility work were transferable to other sites should they be found to be more advantageous. He further referred members to the second resolution made by Cabinet on page 25 of Report No. COU/SE/14/024 which was that ‘further pre-application consultation should include the site selection’. 

Members debated this item at length and raised the following issues:

·         level of debate by all councillors;

·         fit with planning policy;

·         traffic implications; and

·         consideration of other sites.

Councillor Stevens proposed the motion which was seconded by Councillor Pugh. Councillor Nettleton requested that the vote be recorded and this was supported by seven members. The votes recorded were 14 votes for the motion, 17 against and 10 abstentions.

The names of those Members voting for, against and abstaining being recorded as follows:-

For the motion:

Councillors Chung, Everitt, Griffiths, Houlder, Mildmay-White, Pugh, Rayner, Richardson, Rout, Speed, Springett, Stamp, Stevens and Thompson

Against the motion:

Councillors Broughton, Tony Brown, Burns, Cockle, Crooks, Fox, Hind, Beccy Hopfensperger, Tim Marks, Midwood, Nettleton, Pollington, Robbins, Wade, Wakelam, Frank Warby and Patsy Warby

Abstentions:

Councillors Buckle, Bull, Clements, Farthing, Glossop, Hailstone, Paul Hopfensperger, Margaret Marks, Roach and Thorndyke.

Therefore the motion was defeated.

2. Culford Park Management Plan

On the motion of Councillor Pugh, seconded  ...  view the full minutes text for item 70.

Paragraph 7.5.1 of Article 7 of the Council’s Constitution requires that ‘The Overview and Scrutiny Committee and Performance and Audit Scrutiny Committee must report annually to the full Council on their workings and make recommendations for future work programmes and amended working methods if appropriate’.

Report COU/SE/15/022 attached.

The Council received and noted the Annual Report of the Overview and Scrutiny Committee, and the Performance and Audit Scrutiny Committees, previously circulated as Report No. COU/SE/15/022.

Article 7 of the Council’s Constitution required that ‘the Overview and Scrutiny Committee and Performance and Audit Scrutiny Committee must report annually to the full Council on their workings and make recommendations for future work programmes and amended working methods if appropriate.’

Councillor Houlder, outgoing Chairman of the Overview and Scrutiny Committee, introduced this report.  Councillor Griffiths, Leader of the Council, expressed his thanks to the chairmen and members of both scrutiny committees for their work over the past year.

An amendment was noted to the report on page 11 (page 53 of the Council agenda) that Councillor Nettleton was now a full committee member and Councillor Cockle a substitute member. Subject to this amendment, the report was noted.

The Council is asked to nominate one Member and, if required, one substitute Member to serve on the County’s Health Overview and Scrutiny Committee. This Member should ideally be from the Borough Council’s Overview and Scrutiny Committee, although this is not essential as the necessary training will be given by the County Council.

Given the willingness of Councillor Tim Marks to sit on this joint body, the Committee has nominated him for 2015/2016.

The Council is RECOMMENDED that Councillor Tim Marks be nominated as the Borough Council’s representative on the Suffolk Health Overview and Scrutiny Committee.

The Council considered a narrative item which sought a Borough Council representative and, if required, a substitute Member to serve on Suffolk County Council’s Health Overview and Scrutiny Committee.

On the motion of Councillor Hind, seconded by Councillor Frank Warby, and duly carried it was

RESOLVED:

That Councillor Tim Marks be appointed as the Borough Council’s nominated representative on the Suffolk Health and Overview Scrutiny Committee for 2015/2016.

Report No: COU/SE/15/023

Cabinet Member: Cllr Ian Houlder    Lead Officer: Joy Bowes

Appendix 1 TO FOLLOW

Councillor Houlder, Portfolio Holder for Resources and Performance introduced this report which sought to reappoint members to the Joint Constitution Review Group in order that the work of reviewing the constitutions for both authorities could be completed. 

Members were asked to note the late paper (circulated at the meeting) which detailed a change to the Contract Procedure Rules for exemptions.

On the motion of Councillor Houlder, seconded by Councillor Griffiths, and duly carried, it was

RESOLVED:  That

(1)        the current position with regard to the review of the constitutions be noted;

(2)        a Constitution Joint Review Group comprising four members each of Forest Heath and St Edmundsbury councils, as nominated to the Monitoring Officer, be set up for the purposes in section 1.2.4 below;

(3)        the proposed format for Part 3 of the constitution as set out in section 1.2.1 below be approved; and

the changes to the Contract Procedure Rules set out in Appendix 1 be approved.

Report No: COU/SE/15/024

Cabinet Member: Cllr Ian Houlder    Lead Officer: Joy Bowes

Councillor Houlder, Portfolio Holder for Resources and Performance introduced this report and informed members that they were required to amend the Officer Employment Procedure Rules no later than the first meeting following its Annual Meeting.

On the motion of Councillor Houlder, seconded by Councillor Farthing, and duly carried, it was

RESOLVED:  That

(1)        members note the contents of this report; and

(2)     approve the changes to the Employment Procedure Rules set out in Appendix 1.

(The Chairman of the Overview and Scrutiny Committee and the Mayor have both agreed that this can be considered as a matter of urgency, in accordance with S100B(4) of the Local Government Act 1972, in order that this matter can be resolved within the necessary timescale.)

Report No: COU/SE/15/026

The Chairman of the Overview and Scrutiny Committee and the Mayor had both agreed for this item to be considered as a matter of urgency, in accordance with S100B(4) of the Local Government Act 1972, in order that this matter can be resolved within the necessary timescale.

Councillor Houlder, Portfolio Holder for Resources and Performance informed members that it was necessary to reappoint Mr Barrow as an Independent Person as his initial appointment had been only for one year.

On the motion of Councillor Houlder, seconded by Councillor Farthing and duly carried, it was

RESOLVED:

That with immediate effect, Arnold Barrow be reappointed as an Independent Person under the provisions of s28(7) Localism Act 2011 for a period of one year expiring on 30 June 2016, as detailed in Section 1 of Report No: COU/SE/15 /026.

There were no questions to Chairmen.

Councillor Nettleton has given notice under paragraph 8.4 of the Council Procedure Rules of the following question to Councillor Griffiths, Leader of the Council:-

‘There were no printing services at Mildenhall covering SEBC and FHDC from Tuesday 30 June to Friday 3 July. Why?’

Paragraph 8.5 of the Council Procedure Rules states that:-

‘Every question on notice will be answered without discussion. The member who is asked the question on notice may ask another member to answer. An answer may take the form of:-

(a)         a direct oral answer summarised in the minutes;

(b)         where the desired information is in a publication of the Council or other published work, a reference to that publication; or

(c)         where the reply cannot conveniently be given orally at the meeting, a written answer sent by the appropriate officer and/or relevant Member to all Members within five working days of the Council meeting’.

Paragraph 8.7 states that:-

‘A Member asking a question on notice under paragraph 8.4 may ask one supplementary question, without notice, of a member to whom the first question was asked. The supplementary question must arise directly from the original question or the reply. The total time allowed for each question, including any supplementary question, to be put and answered will be ten minutes.’

Councillor Nettleton had given notice under paragraph 8.4 of the Council Procedure Rules of the following question:

‘There were no printing services at Mildenhall covering SEBC and FHDC from Tuesday 30 June to Friday 3 July. Why?’

In response, Councillor Griffiths explained that this related to a routine internal staff announcement, that there were procedures in place to deal with any emergency printing and that there had been no operational impact.

Part 4, Access to Information Procedural Rules, of the Constitution (paragraph 18.3) requires the Leader of the Council to submit quarterly reports to the Council on the Executive decisions taken (if any) in the circumstances set out in Rule 17, Special urgency in the preceding three months.

Accordingly, the Leader of the Council reports that no executive decisions have been taken under the Special Urgency provisions of the constitution.

The Council received and noted a narrative item, as required by the Council’s Constitution, in which the Leader of the Council reported that at the time the Council agenda was published, no executive decisions had been taken under the special urgency provisions of the Constitution.

To consider whether the press and public should be excluded during the consideration of the following items because it is likely, in view of the nature of the business to be transacted or the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during the items, there would be disclosure to them of exempt categories of information as prescribed in Part 1 of Schedule 12A of the Local Government Act 1972, and indicated against each item and, in all circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

It was proposed, seconded and

RESOLVED

That under Section 100(A)(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12(A) of the Act.

Exempt Report No: COU/SE/15/025

Cabinet Member: Cllr Peter Stevens    Lead Officer: Michael Lindsdell

(This exempt report is to be considered in private under paragraph 3 of Schedule 12A of the Local Government Act 1972, as it contains information relating to the financial and business affairs of a particular organisation.)

The Council considered Exempt Report No. COU/SE/15/025 (previously circulated) in connection with a property in Jubilee Walk, Haverhill.

RESOLVED:

As set out in Exempt Report No. COU/SE/15/046

Report No: COU/SE/15/021

Cabinet Member: Cllr Sara Mildmay-White    Lead Officer: Simon Phelan

(This exempt report is to be considered in private under paragraph 3 of Schedule 12A of the Local Government Act 1972, as it contains information relating to the financial and business affairs of a particular organisation.)

The Council considered Exempt Report No. COU/SE/15/021 (previously circulated) in connection with the provision of temporary accommodation in Bury St Edmunds.

RESOLVED:

As set out in Exempt Report No. COU/SE/15/021.