Agenda for Council on Wednesday 18th November 2015, 6.00 p.m.

Agenda and minutes

Council - Wednesday 18th November 2015 6.00 p.m.

Venue: The Council House, Burcot Lane, Bromsgrove. View directions

Contact: Sheena Jones  Rosemary Cole / Amanda Scarce / Pauline Ross

Items
No. Item

62\15

apologies for absence

Minutes:

Apologies for absence were received from Councillors C. Allen-Jones and M. A. Sherrey.

63\15

Minutes Silence for Events in Paris

Minutes:

Those present stood in silence in honour of those people who had been killed or injured during the terrorist incidents in Paris the previous week.

 

Reverend Ray Khan informed Council of a Joint Act of Prayer and Remembrance organised by the Bromsgrove Muslim Community and the Parish of Bromsgrove which was to take place at St. Johns Church on Sunday, 22nd November. Members of all faiths and no faith were very welcome to attend.    

64\15

Declarations of Interest

Minutes:

The following declaration of interest was made:

 

Item 7 – Recommendation from the Cabinet on Bleak House Farm S106 Funding

 

Councillor G. N. Denaro declared a disclosable pecuniary interest as a Trustee Governor of Woodrush High School Academy.  Councillor Denaro stated that he would be leaving the room for this item.

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minutes pdf icon PDF 173 KB

Additional documents:

Minutes:

The minutes of the meetings of the Council held on 23rd September 2015 and 7th October 2015 were submitted.

 

RESOLVED that the minutes of the meetings of the Council held on 23rd September and 7th October 2015 be approved as a correct record.

 

(Councillor M. Thompson referred to Minute No 53/15 (Refugee Families) and requested an update on any progress. Councillor C. B. Taylor was unable to provide further information at the meeting).

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announcements from the Chairman

Minutes:

The Chairman referred to the forthcoming local events which she would be attending:

 

·         20th and 21st November – Bromsgrove Christmas Market in conjunction with St Johns Church. As part of this event the Christmas Lights would be switched on in the High Street on 21st November, including the Primrose Hospice Tree of Lights.

 

·         24th November – Chairman’s Charity Curry Night in Bromsgrove.

 

·         28th November  - Rubery Christmas Lights Switch on, including the Primrose Hospice Tree of Lights.

 

·         16th December  - Community Carol Service organised jointly with Churches Together in Bromsgrove.

 

The Chairman invited all Members to support these events if possible.

67\15

To receive any announcements from the Leader

Minutes:

In the absence of the Leader of the Council, the Deputy Leader Councillor C. B. Taylor reported on a number of meetings which Councillor M. A. Sherrey had attended over the past few weeks, in particular in relation to the situation regarding the future provision of services including Maternity Services at the Alexandra Hospital in Redditch.

 

 The Leader was unable to attend Council this evening as together with the Leader of Redditch Borough Council and the two Local Members of Parliament, she was attending a meeting with the Secretary of State for Health Jeremy Hunt for further discussions on the future of Health Services in Worcestershire.

 

Councillor Taylor also reported that the Leader had recently attended the Annual Conference of the Worcestershire Local Enterprise Partnership.

 

Councillor L. C. R. Mallett welcomed the work the Leader was undertaking in respect of the future of Health Services in Worcestershire. 

 

Councillor Mallett requested details of progress following the decision recently taken by Council to welcome refugee families to Worcestershire.

 

Councillor Taylor referred to the joint work being undertaken with other Councils in Worcestershire and in particular the anticipated announcement regarding funding from Central Government. 

 

 

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To receive comments, questions or petitions from members of the public

Minutes:

The Chairman announced that two petitions were to be presented regarding the proposed redevelopment of the Leisure Centre. In addition there were a number of public questions which all related to the decision to not include a Sports Hall within the replacement Leisure Centre. The Chairman stated that Councillor R. J. Laight as Portfolio Holder for Leisure would respond to these questions.

 

The petitions were presented by Ms Sharron Kibble and were phrased as follows:

 

Petition 1 : “To prevent the downgrading of sports facilities and the destruction of local community groups”

 

Petition 2: “We the undersigned petition Bromsgrove District Council to keep a sports hall attached specifically to the planned new Leisure Centre”

 

The petitions were passed to the Monitoring Officer in accordance with the Council’s petitions protocol.

 

Questions from Members of the Public

 

From Mr C. Barnett

 

“Why is the Council spending £426,939 on spa facilities, £128,000 on a climbing wall and £200,000 on a moveable floor, a total of £755,939 on features that were not identified in their consultation, and are already available in other venues within easy reach of Bromsgrove Town Centre; but claim that a sports hall, which was one of the key demands of the public consultation, makes the scheme unaffordable”?

 

Councillor Laight welcomed the attendance of the public at the Council meeting and the fact that a number of residents had submitted questions under the procedure recently introduced.

 

In response to the question, Councillor Laight made the following points:

 

·         the plans had not changed since the decision was taken in July 2014 to implement a scheme for the new Leisure Centre which did not include a sports hall;

 

·         the new Centre would be Bromsgrove’s “jewel in the crown”  and would be a “fantastic” facility for residents;

 

·         within the budget available the Council was seeking to provide a broad range of facilities and activities which reflected changing leisure habits and participation and would encourage new users to visit as well as catering for those already engaged in sport and physical activity ;

 

·         there had been detailed needs analysis and close consultation with National Governing Bodies of sports and Sports England had been involved in determining the mix of facilities.

 

·         the sports hall provision across the District had increased significantly since the Dolphin Centre was built, including the four court sports hall at North Bromsgrove High School completed in 2013. The intention was to enable these assets to be used by the community and to ensure that the capital cost of the project was at an affordable level;

 

·         it was felt that the facilities to be offered would extend the overall offer of affordable, state of the art, sport and leisure facilities for the wider community and increase participation rates during a period of budget pressure;

 

·         whilst it was accepted that there would be some displacement of daytime users and this had been referred to in the report of July 2014, it was intended this would be minimised by the use of other facilities.    

 

 

From  ...  view the full minutes text for item 68\15

69\15

Recommendations from the Cabinet held on 4th November 2015 pdf icon PDF 119 KB

To consider the recommendations from the meeting of the Cabinet held on 4th November 2015.

 

(Background information is included at the back of the Council agenda book)

 

Minutes:

            Bleak House Farm – Use of Section 106 Funding

 

Councillor G Denaro declared a Disclosable Pecuniary Interest in this item and left the room during its discussion and determination.

 

(i)         The recommendations from Cabinet were proposed by Councillor R. L. Laight and seconded by Councillor P. J. Whittaker.

 

            During the debate some Members referred to a need for further details of the proposed  Community Use Agreement particularly in relation to the available times and level of community access to the facility.  The view was also expressed that the proposed facilities were welcomed by the community. 

 

            Councillor Baxter requested reassurance that this Council would only be required to contribute £134,000 of S106 funding towards the cost of the fitness equipment fit out and that there would not be a gap which would require further Council funding.

 

            As an amendment it was proposed by Councillor L. C. R. Mallett and seconded by Councillor C. J. Bloore that the matter be deferred and that further information be sought on the proposal, in particular details of the proposed community use of the facility.

 

            On being put to the vote the voting on the amendment was tied. The Chairman cast her vote against the amendment and therefore the amendment was defeated.

 

            It was RESOLVED:

           

(a)       that the Council’s Capital Programme 2015/16 be increased by £134,000 to fund the fit out of the new Health and Fitness facilities at Woodrush High School Academy to be funded by the Section 106  payments applicable to the Bleak House farm site.;

(b)       that the Section 106 funds be released to the school only when they are received from the developer;

(c)        that authority be delegated to the Head of Leisure and Cultural Services to enter into a suitable legal arrangement and contract management process to protect the Council’s funding in this matter;

(d)       that the Head of Legal, Equalities and Democratic Service be authorised to prepare and complete the necessary documentation in respect of the agreements referred to in (c) above.

 

(Councillor S. R. Peters requested that it be recorded that he had voted against the recommendations).

 

 

 

(ii)        Bromsgrove Centres Management      

 

            The recommendation from Cabinet was proposed by Councillor R. L. Dent and seconded by Councillor R. D. Smith.

 

            During the debate, a number of Members welcomed the report and the proposals to provide support to a number of Centres across the District.  In response to a query the Councillor Dent confirmed that the Post Holder would be working with Local Members across the District to address issues and promote the local centres. 

 

            It was RESOLVED:

 

            that the funding of an unavoidable budget pressure in respect of a new Town Centre Management function  be approved for inclusion in the Medium Term Financial Plan assumptions as follows:

 

2016/17 - £16,000

2017/18 - £41,000

2018/19 - £43,000

 

 

(iii)       Medium Term Financial Plan 2016/17 – 2018/19 – Budget Assumptions

 

            The recommendations from Cabinet were proposed by Councillor G. N. Denaro and seconded by Councillor S. A. Webb.

 

            In proposing the  ...  view the full minutes text for item 69\15

70\15

To receive the minutes of the meetings of the Cabinet held on 7th October 2015 and 4th November 2015 pdf icon PDF 130 KB

Additional documents:

Minutes:

The minutes of the meeting of the Cabinet held on 7th October 2015 and 4th November 2016 were received for information.

 

Councillor S. R. Colella queried the future policy regarding New Homes Bonus arrangements.  Councillor Denaro responded that in his view it was premature to decide on this before Central Government had announced its policy for the future.

71\15

Representation from the Council on the Artrix pdf icon PDF 130 KB

Minutes:

Members considered a report on Appointments to the Bromsgrove Arts Centre (Operating Trust) – Charitable Company.

 

Councillor G. Denaro drew attention to the changes to the governing documents for the Bromsgrove Arts Centre Trust which had resulted in the Council’s representation on the Trust being 2 rather than 5.

 

During the debate members raised a number of issues including:

 

·         the importance of Council representatives attending the Trust meetings and for attendance details to be provided to the Council;

 

·         concern that the Council representation was to be reduced in view of the level of public funding provided since the opening of the Artrix; 

 

·         the need for change since the inception of the Trust in 2004, which would afford the opportunity for the Board to recruit representatives from a wider sphere who would be able to provide particular skills and a wide range of experience. 

 

·         It was suggested and generally agreed that all outside bodies to which the Council made appointments be asked to supply attendance details for the Council’s representatives.

 

The following Members were proposed as the Council’s Representatives:

 

·         Councillor J. M. L. A. Griffiths

·         Councillor R. E. Jenkins

·         Councillor S. P. Shannon

·         Councillor C. J. Spencer

 

Following a vote on the matter it was

  

RESOLVED:

(a)       that the changes to the Articles of Association for the Bromsgrove Arts Centre Trust - Charitable Company be noted; and

(b)       that Councillor J. M. L. A. Griffiths and C. J. Spencer be appointed as this Council’s representatives on the Bromsgrove Arts Centre (Operating) Trust – Charitable Company.

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Report from the Portfolio Holder for Economic Development , Regeneration and the Town Centre pdf icon PDF 164 KB

Minutes:

As the Portfolio Holder for Economic Development, Regeneration and the Town Centre, Councillor R. L. Dent presented a report on the areas covered by her Portfolio.

 

Members considered the report and raised a number of issues including the link between the regeneration of the Town Centre and improved prosperity across the rest of the District and the importance of improved connectivity in terms of both Transport and Digital services.

 

There was also discussion on the possible changes to the retention of  Business Rates and the importance of working with businesses and schools to understand what skills were required and how these could best be provided.

 

Councillor Dent undertook to reply in writing to the following:

 

·         Councillor Shannon concerning the level of investment in apprenticeship schemes and number of apprentices involved;

·         Councillor Baxter regarding plans to improve transport connectivity in Wythall.       

73\15

The Government's Devolution Agenda - Worcestershire Devolution Deal pdf icon PDF 151 KB

To receive a report from the Chief Executive on the Worcestershire Devolution Deal.

 

Additional documents:

Minutes:

Members considered a report on the proposals to secure a devolution deal for Worcestershire.

 

Following discussion it was

 

RESOLVED:

(a)       that the report and summary document on Worcestershire’s emerging case for devolution be noted;

(b)       that the direction of travel as set out in the summary document be supported; and

(c)        that a further report be received in 2016 to determine the Council’s approach to devolution.

74\15

Questions on Notice

Minutes:

Question submitted by Councillor H. J. Jones

 

Can I ask the Leader as Portfolio Holder for Health will she be stepping in to do all she can to bring back maternity services to the Alexandra Hospital as soon as possible and do we have confidence that there are ambulances to cope with the extra strain caused by mothers not being able to get to other hospitals to give birth?

 

Councillor C. B. Taylor responded on behalf of the Leader that everything possible was being done to ensure Maternity Services were re-established at the Alexandra Hospital and that stable and safe Health services were available in North Worcestershire.

 

Question submitted by Councillor P. M. McDonald

 

In light of Worcestershire County Council withdrawing Trading Standards from Worcestershire Regulatory Services (WRS) how does this affect the future of the service?

 

Councillor P. J. Whittaker responded that the County Council’s decision would have no long term impact on the viability and sustainability of WRS. Worcestershire Shared Services Partnership had invested considerable time and effort in reviewing the business model to meet the financial challenges and ensure the long term future of WRS. A new partnership had been set up comprising the six Worcestershire Districts which would work with the County Council under a Service Level Agreement.

 

Transitional financial arrangements had been put in place to ensure that the loss of income from the new partnership undertaking would not impose any additional burdens upon Districts. The changes would not affect the role of this Council as the host Authority of the new partnership.

 

Question submitted by Councillor L. C. R. Mallett

 

To ask the Leader, further to the requests made by Members at the last three Council meetings and the failure of her administration to provide the answer despite promises to the contrary.  What is the full cost of the months of delay in moving to Parkside including staff costs, additional meetings and the delay of the promised annual savings Parkside would accrue (previously claimed as £200k per annum), what steps has she taken to recover this loss from WCC and the Contractors and does she agree with me that this huge delay represents a significant failure of project management?

 

On behalf of the Leader Councillor G. N. Denaro responded that there was a saving of £250,000 included in the budget projections for a full year from the move to Parkside and it was anticipated that some of this saving would be realised following the move in December. A reserve was currently set aside for £105,000 from last year to fund any office moves which would be used to offset the reduction in savings for 2015/16.

 

 

Councillor Denaro added that having reviewed the financial position at the end of October and projecting this forward, it was anticipated that the year end position would be £25,000 overspent. This excluded any potential rebate in relation to the delays.

 

Councillor Denaro reported that this Council was working with the County Council to ensure that where appropriate any costs  ...  view the full minutes text for item 74\15

75\15

Notice of Motion - Dolphin Centre Regeneration pdf icon PDF 111 KB

Additional documents:

Minutes:

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

 

“Council notes the outpouring of public concern about the removal of the sports hall from the current Dolphin Centre redevelopment.

 

Council notes the current and growing number of names to a local petition asking for a sports hall to be part of the redevelopment of the Dolphin Centre.

 

Council notes the changes in business rates proposed by the Chancellor George Osborne that could give the Council more income than first thought to build a leisure centre.

 

Council notes the lack of evidence presented to Councillors proving there is no need for a sports hall as part of the redeveloped Dolphin Centre.

 

Council believes the lack of indoor sports facilities in Bromsgrove and the shortage of available court and pitch spaces in all weather facilities across Bromsgrove will limit the ability of local people to stay fit and for clubs to train.

 

Council believes there is real difficulty for local residents to have access to privately run sports hall facilities in Bromsgrove.

 

Council believes that the intended Olympic legacy of the London 2012 games was to promote sports participation and healthy living through the maintaining and improvement of sporting facilities in local communities.

 

Council believes that Bromsgrove’s residents deserve a regenerated leisure centre that meets the needs of its residents. A leisure centre that includes an onsite sports hall open to the public.

 

Council resolves to suspend all activities to build a leisure centre that does not contain an onsite  sports hall.

 

Council resolves urgently to revisit and review the financial plan to redevelop the leisure centre to include the building of an onsite sports hall as soon as possible.

 

The motion was moved by Councillor Bloore and seconded by Councillor L. C. R. Mallett.

 

In proposing the motion Councillor Bloore referred to the importance of a wider strategic vision in line with the Olympic legacy as opposed to designing a facility to fit a pre decided “ financial envelope”. Councillor Bloore felt that the Sports England report had been used selectively and with a lack of context. Planning Policy also indicated the importance of a sports hall. Whilst there may physically be alternative facilities in the District there would inevitably be a difficulty in availability at peak times and in particular for block bookings.

 

During the debate the view was expressed that the plans for the new leisure centre were the same now as those agreed in July 2014.  A key issue in deciding the facility mix had been affordability. The basic position had not changed in that under prudential borrowing rules  the  inclusion of a sports hall in the capital costs of the project would mean there would be insufficient funding to progress the remainder of the scheme.  

 

Councillor Laight reported that officers were continuing to work with North Bromsgrove High School and BAM FM to provide peak and off peak usage. There would need to be flexibility on both sides as times may need to change slightly  ...  view the full minutes text for item 75\15

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Notice of Motion - Council Procurement

Minutes:

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

 

“This Council notes that the UK Government has taken steps to tackle the issue of tax abuse by companies seeking to secure government contracts for the supply of goods and services and has issued Policy Note 03/14: promoting tax compliance.

 

Subject to BDC officers reviewing the practical implementation issues, we request that Council incorporate Procurement Policy Note 03/14 into all procurement procedures including tenders, also this motion calls for the Council’s procurement policies to be amended to ensure that all bidders for Council contracts self-certify that they are fully tax compliant in line with central government practice.”

 

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

 

Councillor Shannon referred to the importance of the Council only using companies and suppliers who were compliant with taxation legislation in line with central government practice.

 

Councillor G. N.  Denaro stated that Policy Note 03/14 referred to in the motion applied to central government contracts  over £5m and therefore could not be adopted by this Council. Councillor Denaro reported that the Finance Team were currently reviewing all contract procedure including procurement and these would be considered by Members in the new financial year.  However, he was sympathetic to the sentiment of the motion.

 

Following discussion it was suggested that as a slight amendment the words “the principles of” be inserted into the second paragraph of the motion between the words “incorporate” and “Procurement Policy Note 03/14”. This was accepted by the proposer and seconder.

 

On being put to the vote the Chairman declared the motion as amended to be CARRIED.    

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Notice of Motion - Animal Welfare

Minutes:

As the time allowed within the Constitution for the consideration of notices of motion had expired, this motion was deferred until the next meeting of the Council.

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Local Government Act 1972 - Exclusion of the Public

 

"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:-

 

Item No.

Paragraph

15

3

16

3

 

 

Minutes:

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 1 of Schedule 12A to the Act, as amended, the relevant paragraphs of that part being as set out below, and that it is in the public interest to do so:-

 

            Minute No                             Paragraph

            79/15                                           3

            80/15                                           3

79\15

To receive the Confidential minutes of the Cabinet held on 7th October 2015

Minutes:

The confidential minutes of the Cabinet held on 7th October 2015 were received for information.

 

80\15

Confidential minutes of the Council

Minutes:

The confidential minutes of the Council held on 7th October 2015 were submitted.

 

RESOLVED that the confidential minutes be approved as a correct record.