Agenda and minutes

Council Meeting - Wednesday 10 September 2014 2.00 p.m.

Venue: Town Hall, Moorgate Street, Rotherham. S60 2TH

Contact: Debbie Pons, Principal Democratic Services Officer 

Items
No. Item

33.

Openness of Local Government Bodies Regulations 2014

Minutes:

The Mayor referred to the Openness of Local Government Bodies Regulations 2014 which allowed for the filming and reporting on all forms of Social Media and the need to waive Standing Order 18 for this very purpose, until the Standing Orders had been revised, which would be considered as a later item on this agenda.

 

Resolved:-  That the waiving of Standing Order 18 for the purposes of allowing filming of the Council meeting today be approved.

34.

Council Minutes pdf icon PDF 19 KB

Additional documents:

Minutes:

Resolved:- That the minutes of the meetings of the Council held on 2nd July, 2014, be approved for signature by the Mayor, with the inclusion of Councillor Parker to the attendance.

 

Mover:-  Councillor Lakin                               Seconder:-  Councillor Doyle

35.

Communications

Minutes:

(1)  The Mayor wished to offer his sincere apologies to the victims of Child Sexual Exploitation and their families and the good people of this town for the events that have taken place around the borough. 

 

The mistakes made in the past would be put right and should not be allowed to happen again.

 

(2)  The Acting Chief Executive submitted the following petitions which had been referred to the appropriate Directorates for consideration:-

 

·                Containing 20 signatures from the residents and users of York Gardens and its associated Centre regarding the lettings of bungalows on the estate.

·                Containing 2 signatures from residents urging the Council to Save East Dene Park from anti-social behaviour and vandalism.

·                Containing 286 signatures from residents and people who use Manor Road, Brinsworth asking the Council to consider urgent resurfacing work.

 

(3) The Acting Chief Executive submitted apologies for absence from Councillors Ali, Dodson, Finne, Hunter and Johnston.

36.

Questions from the Public

Minutes:

Mr. J. Martin asked (1)  why weren’t the 164 representations dated 23.07.13 ever acknowledged, (2) please confirm they will automatically be carried forward to the new consultation and (3) please confirm green field agricultural land in the Green Belt of High Landscape Value will be excluded from development.

 

Councillor Lakin, Deputy Leader, confirmed that all valid representations received to the last Sites and Policies consultation have been taken into account in preparing the new draft document for consultation. Where petitions or standard letters were received these have been added to the consultation website against one consultee only; with the comments/points taken into account.

 

The next version of the Sites and Policies Document released for consultation would be accompanied by a feedback report setting out how all previous representations have been addressed (including petitions/standard letters). Information provided on the website would detail each individual valid representation and the Council’s response.

 

As all previous comments have been assessed, and the document amended where necessary, comments from previous consultations would not be considered “valid” representations for the next round of consultation. If members of public wish to make further comment, when they have viewed the information, then they were welcome to do so.

 

In terms of part 2 of the question the Council would acknowledge all receipts received by email or through its consultation website. In order to minimise consultation costs postal or hand delivered representations would not receive an acknowledgement. The Council could provide a written receipt when accepting hand delivered representations upon request. All valid representations received would be taken into account in progressing with the production of the Sites and Policies document.

 

In terms of part 3 of the question the Council was unable to comment on individual sites ahead of the Sites and Policies document being published for consultation.

 

(2)  Mr. R. Markham would be issued with a written reply to his question in his absence.

 

(3)  Ms. J. Kinsey asked how was the Council going to rebuild the reputation of Rotherham and the integrity of its public administration.  Would there be a published action plan?

 

Councillor Lakin, Deputy Leader, reported that he agreed with Ms. Kinsey’s sentiments, but would deal with her question as part of the Leader’s report as part of the Cabinet minutes.

 

In a supplementary question Ms. Kinsey asked if all Councillors had heard of Edmund Burke who said “Evil flourishes when good men do nothing” and asked how were they going to ensure the public had good men representing Rotherham Council?

 

Councillor Lakin, Deputy Leader, referred to his earlier answer and said his later report would address these concerns.

 

Mrs. C. Martin would be issued with a written reply to her question in her absence.

 

(5)   Mr. D. Smith asked bearing in mind Sections 13.44 and 13.45 of the Alexis Jay report does this Council believe all those Councillors who were at the November 2004 briefing and the seminar of 2005, where explicit details of Child Sexual exploitation were given, should resign immediately?

 

Councillor  ...  view the full minutes text for item 36.

37.

Cabinet Minutes pdf icon PDF 51 KB

 

Rotherham Local Plan: Adoption of the Core Strategy

Minute No. C17 (Pages 15C- 17C)

Additional documents:

Minutes:

In formally moving the Cabinet Minutes the Deputy Leader reported on how the people of Rotherham had been let down badly and for too many years, by several agencies in this town, over the sexual abuse and exploitation of many of our children and young people.

 

Those children had the right to expect better and they were failed. The Council accepted its responsibility and its full share of the blame for that failure and the Deputy Leader placed on the record, on behalf of the whole Council, a sincere and unreserved apology, to all the victims and their families, for the suffering they have endured over the years.   He was – the Council were – deeply, deeply sorry.

 

The Jay report made clear that the scale of the problem was far greater than anyone imagined, except those who were actually suffering its effects.  The Deputy Leader gave assurances that the victims would be heard and everything would be done to provide them with support as the Jay recommendations would be implemented in full and the people who sexually abused and exploited children were committing vile criminal acts, plain and simple and would be brought to justice, irrespective of their ethnicity.

 

The Deputy Leader’s immediate programme of action included:-

 

1.         An immediate allocation of £120,000 to support local counselling services for victims and survivors.  This would be funded by a 25% reduction in the size of the Council Cabinet, two posts, and a moratorium on all overseas travel by Council Members.  This immediate help would be followed by the commissioning of proper long-term provision to support victims, support that was long overdue.

 

2.         Dissolving the Cabinet with a new one being selected immediately.

 

3.         For the Local Government Association to establish an Improvement Board, made up of a majority of senior independent people from outside Rotherham to advise and assist the Council on governance and scrutiny. The membership would comprise:-

 

a.         A serving or recently retired Council Chief Executive.

b.         A serving or recently retired Director of Children’s Services.

c.         A serving or recently retired Director of Finance.

d.         An external “peer” from each of the represented parties on the Council: one Labour, one UKIP and one Conservative.

e.         The Leader and Deputy Leader of the Council.

f.          One Member of the Council nominated by each of the minority parties.

 

4.         Instructions to the Chief Executive to review again the involvement of staff as detailed in the Jay report to ascertain whether capability and/or disciplinary procedures should be applied to any current member of staff.

 

5.         Councillor Roger Stone had rightly taken his share of the responsibility and resigned as Leader of the Council. The Labour Party, for its part, was currently investigating the role of Councillors during the period and would take appropriate action. The other parties were urged to do the same.

 

6.         The Chief Executive had recognised the need for a fresh start and tendered his resignation as of Monday, 8th September, 2014. He would stay on during  ...  view the full minutes text for item 37.

38.

Delegated Powers pdf icon PDF 44 KB

 

·                Communities and Cohesion – Pages 1E to 11E (Section E)

 

·                Education and Public Health – Pages 4F to 9F (Section F)

 

·                Planning, Highways and Street Scene Services – Pages 1G to 12G (Section G)

 

·                Adult Social Care – Pages 12H to 17H (Section H)

 

·                Business Growth and Regeneration 1I to (Section I)

 

·                Safe and Attractive Neighbourhoods – Pages 11J to 17J (Section J)

 

·                Finance – Pages 1K to 7K (Section K)

 

·                Business, Growth and Regeneration – Pages 1I to ?I (Section I)

Additional documents:

Minutes:

Resolved:- That the reports and minutes of the meetings of Cabinet Members as listed below be adopted:-

 

·                Communities and Cohesion – Pages 1E to 11E (Section E)

 

·                Education and Public Health – Pages 4F to 9F (Section F)

 

·                Planning, Highways and Street Scene Services – Pages 1G to 12G (Section G)

 

·                Adult Social Care – Pages 12H to 17H (Section H)

 

·                Business Growth and Regeneration 1I to 3I (Section I)

 

·                Safe and Attractive Neighbourhoods – Pages 11J to 17J (Section J)

 

·                Finance – Pages 1K to 7K (Section K)

 

Mover:- Councillor Lakin                                Seconder:- Councillor Doyle

39.

Audit Committee pdf icon PDF 61 KB

Minutes:

Resolved:-  That the reports and minutes of the meeting of the Audit Committee (Section N) (Pages 1N to 7N) be adopted.

 

Mover:-  Councillor Sangster                     Seconder:-  Councillor Kaye

40.

Licensing Board Sub-Committee pdf icon PDF 26 KB

Additional documents:

Minutes:

Resolved:-  That the reports and minutes of the meeting of the Licensing Board Sub-Committee (Section Q) (Pages 1Q to 5Q) be adopted with the clerical correction to remove Councillor Whelbourn from the attendance list.

 

Mover:-  Councillor Dalton                        Seconder:-  The Mayor

                                                                       (Councillor John Foden)

41.

Health and Wellbeing Board pdf icon PDF 60 KB

Minutes:

Resolved:-  That the reports and minutes of the meeting of the Health and Wellbeing Board (Section S) (Pages 1S to 10S) be adopted.

 

Mover:-  Councillor Doyle                          Seconder:-  Councillor Rushforth

42.

Planning Board pdf icon PDF 47 KB

Additional documents:

Minutes:

Resolved:-  That the reports and minutes of the meetings of the Planning Board (Section T) (Pages 1T to 10T) be adopted.

 

Mover:-  Councillor Atkin                            Seconder:-  Councillor Smith

43.

Cabinet Members and Chairmen

Minutes:

(1)   Councillor Turner referred to how over the past three years serious reductions in the Council budget continued to be made and asked did the Labour hegemony consider that the latest trip to China, which included the Mayor and other persons no longer associated with the Council, to be proper and reasonable?

 

Councillor Wyatt, Cabinet Member for Finance, confirmed that the trip in question was a private holiday and was not a Council funded trip relating to the affairs of the Council.

 

In a supplementary question Councillor Turner found this difficult to accept considering that two attendees had lost seats in the recent election and asked that this be corroborated further.

 

Councillor Lakin, Deputy Leader, confirmed that the trip to China was a personal holiday and paid for by all the individuals concerned.

           

(2)  Councillor Cutts referred to Councillor Beck being good enough to inform the Council that a number of companies had had second thoughts in further investment and asked that Councillor Beck indicate which companies they were and what the size of their investment might have been?

 

Councillor Beck, Cabinet Member for Business Growth and Regeneration, confirmed that he had had conversations with all sorts of businesses.  Some of these have been commercially sensitive conversations, so was unable to share any such information.

 

In a supplementary question Councillor Cutts asked if he could be reassured that the Cabinet Member would make every effort to re-approach these companies for them to reconsider investing in Rotherham once again?

 

Councillor Beck, Cabinet Member for Business Growth and Regeneration, gave his assurance that he would do just that and had already met with one such company to advise that Rotherham was a place in which they could invest.

 

(3)  Councillor Parker referred to Rotherham as having a substantial number of Roma people living in our community and asked had the Council any knowledge of any Roma men married to under age children in Rotherham (as a British definition of sixteen years old)?

 

Councillor Hussain, Cabinet Member for Communities and Cohesion, explained that Rotherham Children and Young People’s Services would regard any ‘marriage’ as described, of a minor to an adult, as grounds to undertake enquiries under Section 47 Children Act and would intervene in line with Child Protection Procedures as outlined on the Local Safeguarding Children Board website.  Regardless of their cultural background under British law anyone married to anyone under the age of sixteen would not be allowed and should be investigated and appropriate action taken.

 

In a supplementary question Councillor Parker asked if any enquiries had been made of the Roma community as he would not like to go through the same situation that the Council was experiencing now and asked had this Council under safeguarding rules made any enquiries at all?

 

Councillor Hussain, Cabinet Member for Communities and Cohesion, confirmed that work was taking place with the Roma community, but would follow this up again with the relevant people.  The issues referred to were often hidden and needed to  ...  view the full minutes text for item 43.

44.

Questions to Spokespersons

Minutes:

There are none.

45.

Audit Committee Annual Report 2013/14

Minutes:

Councillor Sangster, Chairman of the Audit Committee, presented the Audit Committee Annual Report 2013/14 which showed the Audit Committee had successfully fulfilled its terms of reference and helped to improve the Council’s governance arrangements and its overall control environment.

 

Resolved:- That the Audit Committee Annual Report 2013/14 be approved.

 

Mover:-  Councillor Sangster                 Seconder:-  Councillor Kaye

46.

Amendments to the Council's Standing Orders and Scheme of Delegation

Minutes:

Councillor Lakin, Deputy Leader, introduced the report which required revisions to the Council’s Standing Orders in respect of filming at meetings and to the Council’s Scheme of Delegation in relation to the  authorisation of Members’ overseas travel and widening the number of consultees from the Planning Board who may be consulted by the Director of Planning, Regeneration and Culture.

 

Resolved:-  That the amendments to the Council’s Standing Orders and Scheme of Delegation described in the report be approved.

 

Mover:-  Councillor Lakin                           Seconder:-  Councillor Doyle

47.

Membership Arrangements 2014/15

Minutes:

Consideration was given to several requests for:-

 

·                To confirm Councillor Lakin as Leader and to confirm Councillor Hoddinott as Deputy Leader.

 

·                To replace Councillor Dodson with Councillor Wallis to the membership of the Planning Board and to confirm Councillor Tweed as Vice-Chairman.

 

·                A vacancy for the Licensing Board to confirm Councillor Robinson to the membership.

 

·                A vacancy for the Transport Liaison Group for the Rotherham East Ward to confirm Councillor Wallis to the membership.

 

·                A vacancy for the Improving Lives Select Commission to confirm Councillor J. Hamilton to the membership and to confirm her as Chairman.

 

·                To replace Councillor Dodson, Chairman of the Rotherham South Area Assembly, with Councillor Wallis as Chairman with Councillor McNeely as Vice-Chairman.

 

Resolved:-  That the changes above to memberships be approved.

 

Mover:- Councillor Lakin                               Seconder:- Councillor Doyle

(The Chairman authorised consideration of the two emergency motions in order to progress the matters as a matter of urgency)

48.

Motion - Child Sexual Exploitation

Minutes:

Moved by Councillor Lakin and seconded by Councillor Hoddinott:-

 

“That this Council:-

 

(a)       Accepts the report by Alexis Jay, O.B.E., into child sexual exploitation in Rotherham between 1997 and 2013 that was published on 26th August, 2014 and will implement its recommendations in full.

 

(b)       Believes that the serious historic failings by agencies in the town leading to many children and young people becoming victims of sexual abuse and exploitation was completely unacceptable, and apologies unreservedly to all the victims and their families whose lives have been affected.

 

(c)       Welcomes the package of measures put forward by The Leader, including:-

 

i.              The immediate establishment of a victim support fund to support local counselling services for victims and survivors alongside the commissioning of long term support.

 

ii.            The establishment of an Improvement Board comprised mainly of senior external people to provide advice and guidance on Corporate Governance and Scrutiny to the Council Members and Council Officers.

 

(d)       Believes that a fresh start with more open leadership and a complete change of culture is the only way the people of Rotherham will be able to have confidence in their Council restored.”

 

The motion was put and carried unanimously and was adopted by the Council.

49.

Motion - Shaun Wright, South Yorkshire Police and Crime Commissioner

Minutes:

Moved by Councillor Sansome and seconded by Councillor Watson:-

 

“That this Council:-

 

(a)       Receives with horror and disgust the contents of the report by Alexis Jay, O.B.E., published 26th August, 2014 into the extent and nature of child sexual exploitation in Rotherham.

 

(b)       Believes that the position of Shaun Wright, South Yorkshire Police and Crime Commissioner, is now untenable.

 

(c)       Therefore, calls upon the Police and Crime Commissioner to resign with immediate effect.”

 

Moved by Councillor Cowles and seconded by Councillor Gilding:-

 

In addition to (a), (b) and (c) include:-

 

(d)       That any serving Councillor present at the meeting referred to by Professor Jay in 2005, plus any Councillor serving on the former Children’s Safeguarding Scrutiny Panel, should also resign with immediate effect.”

 

The amendment to the motion was put and LOST.

 

The motion was put and carried and was adopted by the Council.

50.

Motion - Living Wage

This Council notes:-

 

1.         That the Living Wage is a level of pay based on the principle that full-time work should guarantee a decent standard of living.

 

2.         That paying the Living Wage boosts the incomes of the lowest paid, who have been hit especially hard by rising prices and increasing costs of living.

 

3.         That even in difficult financial circumstances, more and more employers in both the public and private sector are now paying or have committed to pay the Living Wage.

 

4.         That the Living Wage is set annually and independently by the Living Wage Foundation and currently stands at £8.80 an hour in London and £7.65 outside of London.

 

5.         In Rotherham, 23% of employees earn below the Living Wage, rising to 51% amongst male part-time workers.

 

6.         70% of council staff live in the local authority area and more money in their pockets is more money spent in local shops and businesses.

 

7.         Over 1450 Rotherham Council employees will benefit from the Living Wage, over 1250 (87%) of these are women.

 

8.         The 2013 Landman Economics report suggested that the widespread implementation of a Living Wage could help to create up to an additional 58,000 jobs nationwide as a result of the economic stimulus.

 

9.         The Living Wage Commission chaired by the Archbishop of York John Sentamu said in June 2014 that a series of moves to lift workers out of poverty was needed. The commission made up of business, union and voluntary sector leaders, said extending the Living Wage depended on the Government adopting a goal to increase the voluntary take up of companies paying higher rates to at least a million more worker by 2020, otherwise families will continue to rely on food banks and “unsustainable debt”.

 

Therefore this Council:-

 

1.         Supports the introduction of a Living Wage to all staff including school staff.

 

2.         Will introduce the Living Wage for all directly employed staff in October 2014.

 

3.         Will make the case for the Living Wage with other major employers in Rotherham.

Minutes:

Moved by Councillor Hoddinott and seconded by Councillor Dalton.

 

“This Council notes:-

 

1.      That the Living Wage is a level of pay based on the principle that full time work should guarantee a decent standard of living.

2.      That paying the Living Wage boosts the incomes of the lowest paid, who have been hit hardest by rising prices and increasing costs of living.

3.      That even in difficult financial circumstances, more and more employers in both the public and private sector are now paying or have committed to pay the Living Wage.

4.      That the Living Wage is set annually and independently by the Living Wage Foundation and currently stands at £8.80 an hour in London and £7.65 outside London.

5.      In Rotherham, 23% of employees earn below the Living Wage, rising to 51% amongst male part-time workers.

6.      70% of council staff live in the local authority area and more money in their pockets is more spent in local shops and businesses.

7.      Over 1450 RMBC employees will benefit from the Living Wage, over 1250 (87%) of these are women.

 

The 2013 Landman Economics report suggested that the widespread implementation of a living wage could help to create up to an additional 58,000 jobs nationwide as a result of the economic stimulus.

 

The Living Wage Commission chaired by the Archbishop of York John Sentamu said in June 2014 that a series of moves to lift workers out of poverty was needed. The commission, made up of business, union and voluntary sector leaders, said extending the Living Wage depended on the Government adopting a goal to increase the voluntary take up of the companies paying higher rates to at least a million more workers by 2020, otherwise families will continue to rely on food banks and "unsustainable debt".

 

Therefore this Council:

 

1.      Supports the introduction of a Living Wage to all staff including school staff.

2.      Will introduce a Living Wage for all directly employed staff in October 2014.

 

Will make the case for the Living Wage with other major employers in Rotherham.”

 

The motion was put and carried and was adopted by the Council.

51.

Motion - General Questions at Council Meetings

Motion is to remove from Section 7 (General questions at Council meetings) subsection 11 and 12 and replace it with:-

 

All questions correctly submitted before 12 noon on the Monday prior to the Council meeting shall be answered at the Council meeting by the appropriate Member.

Minutes:

Moved by Councillor Parker and seconded by Councillor Cowles.

 

Motion is to remove from Section 7 (General Questions at Council meetings) subsection 11 and 12 and replace it with:-

 

All questions correctly submitted before 12 noon on the Monday prior to the Council meeting shall be answered at the Council meeting by the appropriate Member.

 

Moved by Councillor Read and seconded by Councillor Currie.

 

Delete: “Motion is to” and replace with:-

 

This Council resolves to ask the Self Regulation Select Commission to consider as a matter of urgency whether RMBC should amend its Standing Orders to: 1)”

 

Then as written;

 

remove from Section 7 (General Questions at Council Meetings) subsection 11 and 12 and replace it with:-

 

All questions correctly submitted before 12 noon on the Monday prior to the Council meeting shall be answered at the Council meeting by the appropriate Member.”

 

And add;

 

(2) And to consider the issues of petitions to this council, arrangements for web casting of council meetings, and any other matters pertaining to public engagement in full council meetings as they see fit.

 

(3) And to report back to this full Council within three months.”

 

Moved by Councillor Middleton and seconded by Councillor Ellis:-

 

“To delete the last two words of the amendment and replace with the words “eleven weeks” and to now read in full:-

 

“This Council resolves to ask the Self Regulation Select Commission to consider as a matter of urgency whether RMBC should amend its Standing Orders to:

 

(1)  All questions correctly submitted before 12 noon on the Monday prior to the Council meeting shall be answered at the Council meeting by the appropriate Member.

 

(2) To consider the issues of petitions to this Council, arrangements for web casting of Council meetings, and any other matters pertaining to public engagement in full Council meetings as they see fit.

 

(3)  To report back to this full Council within eleven weeks three.”

 

The amended motion (as now written) was put and carried and was adopted by the Council.

52.

Motion - New Council

Shaun Wright claims he was part of a collective dung heap responsible for the safeguarding of children in Rotherham and therefore will not personally resign.  In view of this and the ensuing public outrage, Labour no longer commands the support of the public to continue in office.  All current Labour members should be required to submit themselves for re-election in order that we implement a new Council with a new mandate to govern the town.

Minutes:

Moved by Councillor Cowles and seconded by Councillor C. Vines:-

 

“Shaun Wright claims he was part of a collective dung heap responsible for the safeguarding of children in Rotherham and, therefore, will not personally resign.  In view of this and the ensuing public outrage, Labour no longer commands the support of the public to continue in office.  All current Labour Members should be required to submit themselves for re-election in order that we implement a new Council with a new mandate to govern the town.”

 

The motion was put and LOST.