Agenda and minutes

At the request of the Chairman, the Reverend Andy Lyons opened the meeting with a prayer.

Apologies for absence were received from Councillors Dr. D. W. P. Booth JP, J. T. Duddy and Mrs. J. D. Luck.

The minutes of the meeting held on 18th November 2009 were submitted.

RESOLVED that the minutes be approved as a correct record, subject to the amendment of Minute No. 59/09 (c) with regard to Mr. P. Lammas to refer to a fifty year career.

(Members are reminded that they need to keep their register of interest forms up to date)

No declarations of interest were received from Members at the start of the meeting. During the meeting Councillor Ms. A. E. Doyle declared a personal interest in St Modwens when this company was referred to as part of an update on the Longbridge situation during the discussions on the recommendations from the Cabinet with regard to Comprehensive Area Assessment – Organisational Assessment (Minute No. 77/09 (iii) refers).

(a)               The Chairman urged Members to make donations to the Haiti Earthquake Appeal.

(b)               The Chairman drew attention to the following forthcoming events and encouraged Members to support these:

Burns Night in the Spadesbourne Suite on 22nd January 2010

Holocaust Memorial Service in Sanders Park on 27th January 2010

Civic Charity Dinner at Hagley Hall on 16th April 2010

(c)               The Chairman made a presentation to Mr. T. Rigg in recognition of his contribution to equality and diversity as a founder member of the Equality and Diversity Forum, including being Chairman of the Forum for three years and through his involvement with the Black History Society.

There were no announcements from the Leader.

To consider the recommendations from the meeting of the Cabinet held on 6th January 2010 on the following items (the full Cabinet reports are enclosed for background information as part of the Council agenda book):

Ø      Worcestershire Enhanced Two Tier (WETT) Programme – Business Cases for Regulatory, Audit and Property Services

Ø      Medium Term Financial Plan 2010/11 to 2012/2013 (The Budget)

Ø      Comprehensive Area Assessment – Organisational Assessment

Ø      Investigation Costs

Ø      Programme of Council and Committee Meetings 2010/11

Ø      Dolphin Centre – Transfer of Management to a Leisure Trust

(i)         WORCESTERSHIRE ENHANCED TWO TIER (WETT) PROGRAMME – BUSINESS CASE FOR REGULATORY, AUDIT AND PROPERTY SERVICES

            With the consent of the meeting, Councillor R. Hollingworth proposed that the recommendations from the Cabinet be altered to delete the words “in principle”.

            The altered recommendations were moved by Councillor R. Hollingworth and seconded by Councillor G. N. Denaro. The Chairman agreed that the matter be put to the vote in three stages with the first vote to cover the recommendations with regard to Internal Audit, the second vote to cover the recommendations with regard to Regulatory Services and the third vote to cover the recommendations with regard to Property Services.

            On a requisition under Council Procedure Rule 17.5, the following details of voting were recorded on each vote.

Internal Audit

For the internal audit recommendations: Councillors A. N. Blagg, Mrs. J. M. Boswell, Mrs. M. Bunker, Miss D. H. Campbell, S. R. Colella, R. J. Deeming, G. N. Denaro, Mrs. R. L. Dent, Mrs. A. E. Doyle, Mrs. J. Dyer M.B.E., Mrs. J. M. L. A. Griffiths, D. Hancox, R. Hollingworth, Ms. H. J. Jones, B. Lewis, Dr. G. H. Lord, D. McGrath, W. R. Newnes, D. L. Pardoe, S. R. Peters, Mrs. M. A. Sherrey JP, R. D. Smith, Mrs. C. J. Spencer, C. B. Taylor, E. C. Tibby, C. J. Tidmarsh, L. J. Turner, M. J. A. Webb, P. J. Whittaker and C. R. Scurrell (30);

Against the internal audit recommendations: Councillors Ms. J. A. Marshall, Mrs. C. M. McDonald, P. M. McDonald, E. J. Murray, S. P. Shannon, and C. J. K. Wilson (6).

            Regulatory Services

For the Regulatory Services recommendations: Councillors A. N. Blagg, Mrs. J. M. Boswell, Mrs. M. Bunker, Miss D. H. Campbell, S. R. Colella, R. J. Deeming, G. N. Denaro, Mrs. R. L. Dent, Mrs. A. E. Doyle, Mrs. J. Dyer M.B.E., Mrs. J. M. L. A. Griffiths, D. Hancox, R. Hollingworth, Ms. H. J. Jones, B. Lewis, Dr. G. H. Lord, D. McGrath, W. R. Newnes, D. L. Pardoe, Mrs. M. A. Sherrey JP, R. D. Smith, Mrs. C. J. Spencer, C. B. Taylor, E. C. Tibby, C. J. Tidmarsh, L. J. Turner, M. J. A. Webb, P. J. Whittaker and C. R. Scurrell (29);

Against the Regulatory Services recommendations: Councillors Ms. J. A. Marshall, Mrs. C. M. McDonald, P. M. McDonald, E. J. Murray, S. R. Peters, S. P. Shannon, and C. J. K. Wilson (7).

Property Services

For the Property Services recommendations: Councillors A. N. Blagg, Mrs. J. M. Boswell, Mrs. M. Bunker, Miss D. H. Campbell, S. R. Colella, R. J. Deeming, G. N. Denaro, Mrs. R. L. Dent, Mrs. A. E. Doyle, Mrs. J. Dyer M.B.E., Mrs. J. M. L. A. Griffiths, D. Hancox, R. Hollingworth, Ms. H. J. Jones, B. Lewis, Dr. G. H. Lord, Ms. J. A. Marshall, Mrs. C. M. McDonald, P. M. McDonald, D. McGrath, E. J. Murray, W. R. Newnes, D. L. Pardoe, S. R. Peters, S.  ...  view the full minutes text for item 77.

The minutes of the meetings of the Cabinet held on 2nd December 2009  and 6th January 2010 were received for information.

To deal with any questions on notice from Members of the Council, in the order in which they have been received.

Three questions on notice had been received which were taken in the order received.

1.         Question submitted by Councillor E. J. Murray to the Chairman

“Can I be assured by the Chairman that sandwiches are no longer available to all staff and visitors; in an effort to make sure we are all together in saving monies and reducing cost?”

The Chairman referred this question to the Leader who replied that he would not give such an assurance and that hospitality would be continued if the need arose, such as for day long events. He confirmed that sandwiches were no longer provided for Committee meetings.

Councillor Murray did not ask a supplementary question.

2.         Question submitted by Councillor S. P. Shannon to the Leader

“Is the leader of the Council concerned about the increasing number of residents who have been informed that the new collection vehicles are unable to access the roads that they live in, and consequently will no longer be able to participate in the kerbside recycling service operated by BDC?”

The Leader replied that yes he was concerned.

Councillor Shannon asked a supplementary question requesting a fuller explanation including what action was the Leader going to take?

The Leader replied that he had asked officers to investigate the matter and that he would report back once he had had an answer.

3.         Question submitted by Councillor Mrs. C. M. McDonald to the Chairman

“Would the Chairman please inform me of the cost and how many times in the last eighteen months solicitors/consultants have been used regarding investigations on behalf of the Standards Committee?”

The Chairman referred this question to Councillor G. N. Denaro who replied that out of four complaints referred for investigation two had been dealt with by officers and two others, which were linked, had been referred for investigation by an external solicitor. The invoice had not yet been received but the cost would not exceed £3,000 and would be met from within the existing budget. 

Councillor Mrs. McDonald did not ask a supplementary question.

The Chief Executive announced that a fourth question had been received with regard to the issue of car parking fees for hospitals. As this did not relate to a matter for which the Council had responsibility or which affected the District of Bromsgrove more than other areas he had rejected the question.

It was moved by Councillor P. M. McDonald and seconded by Councillor C. J. K. Wilson that the Council’s Standing Orders be suspended so that the question could be asked. The Chief Executive advised that two-thirds of Members present would need to agree to this motion.

On a requisition under Council Procedure Rule 17.5, the following details of voting on the motion were recorded:

For the motion: Councillors Ms. J. A. Marshall, Mrs. C. M. McDonald, P. M. McDonald, D. McGrath, E. J. Murray, W. R. Newnes, S. P. Shannon and C. J. K. Wilson (8).

Against the motion: Councillors A. N. Blagg, Mrs. J. M. Boswell,  ...  view the full minutes text for item 79.

To consider the following motion submitted by Councillor P. M. McDonald:-

“That all presentations/awards made by the Chairman of the Council fully comply with a criteria agreed by this Council.”

Members considered the following motion submitted by Councillor P. M. McDonald:

“That all presentations/awards made by the Chairman of the Council full comply with a criteria agreed by this Council.”

Having been moved and seconded, Councillor G. N. Denaro indicated that he was prepared to bring forward a set of criteria with other proposed constitutional changes to the meeting of the Council in March 2010.

The motion was put to the vote and declared by the Chairman to be CARRIED.

To consider the following motion submitted by Councillor S. P. Shannon:-

“That this Council demonstrates its commitment to reduction of CO2 emissions in the district by pledging support for the 10-10 campaign.”

Members considered the following motion submitted by Councillor S. P. Shannon:

“That this Council demonstrates its commitment to reduction of CO2 emissions in the district by pledging support for the 10-10 campaign.”

The motion was moved by Councillor S. P. Shannon and seconded by Councillor P. M.  McDonald.

Councillor G. N. Denaro referred to the Climate Change item that was already on the work programme for the Scrutiny Board and moved an amendment that the matter be referred to the Scrutiny Board for it to consider as part of its investigation. The amendment was seconded by Councillor R. Hollingworth.

Having been put to the vote the Chairman declared the amendment to be CARRIED whereupon it became the substantive motion. This substantive motion was then put to the vote and declared by the Chairman to be CARRIED.

To consider the following motion submitted by Councillor C. J. K. Wilson:

“That Full Council Meetings should now commence at 19.00 along with Board Meetings.”

Members considered the following motion submitted by Councillor C. J. K. Wilson:

“That Full Council Meetings should now commence at 19.00 along with Board Meetings.”

The motion was moved by and seconded. Having been put to the vote the Chairman declared the motion to be LOST.

To consider recommendations from the Licensing Committee held on 7th September 2009

STREET TRADING CONSENT

With the consent of the meeting Councillor Mrs. R. L. Dent proposed that the recommendations from the Licensing Committee be altered to include the following:

“(c)   that after six months, officers report to the Scrutiny Board on the operation of the Street Trading Policy.”

Having been moved by Councillor Mrs. R. L. Dent and seconded by Councillor Mrs. C. J. Spencer, it was

RESOLVED:

(a)       that the Council approves and adopts the proposed fee structure for Street Trading Consents as recommended by the Licensing Committee;

(b)               that the Scheme of Delegation be revised in respect of street trading as follows:

(i)           to authorise the Head of Planning and Environment Services to be responsible for inspections of premises to ensure compliance with street trading consent legislation, Council Policy and any conditions attached to a consent; and

(ii)         to authorise the Head of Planning and Environment Services to determine applications for consents for street trading in consent areas designated by the Council;

(c)        that after six months, officers report to the Scrutiny Board on the operation of the Street Trading Policy.

Members considered a report of the Independent Remuneration Panel setting out recommendations arising from its review of Members’ Allowances for 2010/11.

In responding to the Panel’s report, Councillor R. Hollingworth drew particular attention to the new formula recommended by the Panel for the calculation of Basic Allowance which was based on multiplying the national minimum wage (£5.80) x 18.5 hours x 52 weeks with a public service contribution of 34.11%.

Councillor Hollingworth moved that the Panel’s recommendations be accepted with the following changes, which included the banding and rounding of multipliers to two decimal places and the rounding of SRAs to the nearest pound:

Recommendation (3) in relation to Special Responsibility Allowances (SRAs)

Ø      SRA for the Chairman of the Licensing Committee to be based on a higher  multiplier of 0.06, amounting to £213  per meeting

Ø      SRA for the Deputy Leader to be based on a multiplier of 0.70, amounting to £2,573 (in addition to the SRA payable as a Portfolio Holder)

Ø      SRA for the Chairman of the Planning Committee to be based on a higher multiplier of 1.00, amounting to £3,676

Ø      That no SRAs be payable to Minority Group Leaders (Councillor Hollingworth expressed the view that any allowances for such positions should be paid for out of political subscriptions)

Recommendation (4) in relation to travelling allowances

That the wording be amended to refer to travelling allowances being payable at the maximum Inland Revenue rate which was currently 40p per mile.

The recommendations as altered above were seconded by Councillor G. N. Denaro.

Councillor S. P. Shannon moved an amendment with regard to recommendation (4) that travelling allowances should be linked directly to vehicle emissions so that lower polluting vehicles were paid at the higher end of the scale; and that the Panel’s recommendation with regard to the cycling allowance be withdrawn. The amendment was seconded by Councillor P. M. McDonald.  Having been put to the vote the Chairman declared the amendment to be LOST.

Councillor W. R. Newnes moved an amendment with regard to recommendation (4) that travelling allowances should be linked to Inland Revenue guidelines with regard to emissions/vehicle engine size. The amendment was seconded by Councillor D. McGrath.  Having been put to the vote the Chairman declared the amendment to be LOST.

The substantive motion was put to the vote whereupon it was

RESOLVED:

(a)               that based on the new simpler formula as set out in section 4.9 of the report, the Basic Allowance payable to every Member of the Council be increased by 1% from £3,640 to £3,676 for 2010/11;

(b)       that a new Special Responsibility Allowance be payable for the position of Chairman of the Joint Overview and Scrutiny Committee and the level of payment for 2010/11 be set as shown in the table at recommendation (3) below;

(c)        that based on a multiplier of the Basic Allowance for 2010/11, the following levels of Special Responsibility Allowances be payable in 2010/11:

"RESOLVED: that under Section 100 I of the Local Government Act 1972, as amended, the public be excluded from the meeting during the consideration of the following item(s) of business on the grounds that it/they involve(s) the likely disclosure of exempt information as defined in Part I of Schedule 12A to the Act, as amended, the relevant paragraph of that part, in each case, being as set out below, and that it is in the public interest to do so:-

A motion to exclude the public prior to consideration of agenda item 15 (recommendations from the Shared Services Board) and agenda item 16 (recommendations from the Appointments Committee) was moved by Councillor R. Hollingworth and seconded by Councillor G. N. Denaro on the grounds that agenda item 15 involved the likely disclosure of exempt information as defined in paragraph 4 of Part 1 of Schedule 12A to the Act as amended, being information being information relating to any ongoing or contemplated consultations or negotiations in connection with any labour relations matter between the Council and officers and that agenda item 16 involved the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A to the Act as amended, being information in relation to an individual. Members needed to consider whether the public interest in maintaining the exemption outweighed the public interest in disclosing the information by debating the matter in public.

Having been put to the vote it was

RESOLVED that under Section 100 I of the Local Government Act 1972, as amended, the public be excluded from the meeting during the consideration of the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Part I of Schedule 12A to the Act, as amended, the relevant paragraph of that part, in each case, being as set out below, and that it is in the public interest to do so:-

To consider the recommendations from the meeting of the Shared Services Board held on 7th January 2010 regarding requests for Voluntary Compulsory Redundancy

REQUESTS FOR VOLUNTARY COMPULSORY REDUNDANCY

Members received the minutes of the meeting of the Shared Services Board held on 7th January 2010 and considered the recommendations contained therein. The report which had been considered by the Board was also submitted.

RESOLVED that approval be given to the two applications for Voluntary Compulsory Redundancy as proposed in Appendix 1 to the report.

To consider the recommendation from the Appointments Committee held on 14th January 2010 regarding the appointment of an independent member to the Standards Committee

APPOINTMENT OF INDEPENDENT MEMBER TO THE STANDARDS COMMITTEE

RESOLVED that Ms Kimara Sharpe be appointed to serve as an Independent Member on the Standards Committee for a four year term of office expiring 20th January 2014.