Agenda and minutes

Resolved:- That Councillor John Foden be elected Chairman of the Rotherham Borough Council for the remaining part of the Municipal Year and that he be entitled to the style of Mayor by virtue of Section 245(1) of the Local Government Act 1972.

Mover:- Councillor Stone                          Seconder:- Councillor Lakin

Councillor Foden thereupon made and subscribed the statutory declaration of acceptance of office.

(The Mayor (Councillor John Foden) assumed the Chair)

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

·                Containing 5,758 signatures asking for ‘Rotherham Metropolitan Borough Council to withdraw the plans to close the following thirteen centres – Brampton Cortonwood, Dinnington, Kimberworth, Marcliff, Meadows, Park View, Rockingham, Ryton Brook, Silver Birch, Sue Walker, Thorpe Hesley, Thurcroft and Wath Victoria.

·                Containing 90 signatures from residents requesting speed humps at High Hazel Crescent, Highfield View and Nunnery Crescent, Catcliffe.

(2) The Acting Chief Executive submitted apologies for absence from Councillors Dodson, Godfrey, Havenhand, Johnston, Lelliott, Pitchley, Rushforth and M. Vines.

A member of the public asked would the Chairman define what was "Bullying", in relation to the RMBC Code of Conduct?

Councillor Gosling, Chairman of the Standards Committee, referred to the section of the Code of Conduct and explained that Elected Members were obliged not to bully any person.  The Code did not define bullying.  Therefore, when an allegation of bullying was being considered account would be taken of any reasonable definition that was available for example in dictionaries, H.R. policies or from the Advisory, Conciliation and Arbitration Service (ACAS).

In a supplementary question the member of the public expressed his disappointment that bullying could not be specifically defined and referred to a complaint at a Parish Council and asked how this could be addressed if there was no definition.

Councillor Gosling, Chairman of the Standards Committee, referred the member of the public back to his original answer above.

Confidential Update from the Monitoring Officer, including Appointment of Independent Members to the Standards Committee

(Minute No. B6) (Page 6B)

Resolved:-  That the reports and minutes of the meeting of the Standards Committee (Section B) (pages 1B to 5B) be adopted.

Mover:  Councillor Gosling                       Seconder:  Councillor Sims

Capital Programme Outturn 2013/14 and Updated Estimates 2014/15 to 2016/17

(Minute No. C5) (Pages 3C-4C)

Resolved:-  That the reports and minutes of the meetings of the Cabinet (Section C) (pages 1C to 12C) be adopted.

Mover:-  Councillor Stone                         Seconder:-  Councillor Lakin

Pre-Annual Council

Children, Young People and Families Services – Pages 59D to 72D (Section D)

Communities and Cohesion – Pages 39E to 43E (Section E)

Culture and Tourism – Pages 34F to 36F (Section F)

Regeneration and Development – Pages 55G to 75G (Section G)

Adult Social Care – Pages 50H to 53H (Section H)

Safe and Attractive Neighbourhoods – Pages 60J to 73J (Section J)

Health and Wellbeing – Pages 30K to 34K (Section K)

Waste and Emergency Planning– Pages 36L to 42L (Section L)

Deputy Leader – Pages 31N to 34N (Section N)

Post Annual Council

Education and Public Health – Pages 1F to 3F (Section F)

Adult Social Care – Pages 1H to 11H (Section H)

Safe and Attractive Neighbourhoods – Pages 1J to 10 J (Section J)

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

·                Children, Young People and Families Services – Pages 59D to 72D (Section D)

·                Communities and Cohesion – Pages 39E to 43E (Section E)

·                Culture and Tourism – Pages 34F to 36F (Section F)

·                Regeneration and Development – Pages 55G to 75G (Section G)

·                Adult Social Care – Pages 50H to 53H (Section H)

·                Safe and Attractive Neighbourhoods – Pages 60J to 73J (Section J)

·                Health and Wellbeing – Pages 30K to 34K (Section K)

·                Waste and Emergency Planning– Pages 36L to 42L (Section L)

·                Deputy Leader – Pages 31N to 34N (Section N)

·                Education and Public Health – Pages 1F to 3F (Section F)

·                Adult Social Care – Pages 1H to 11H (Section H)

·                Safe and Attractive Neighbourhoods – Pages 1J to 10 J (Section J)

Mover:- Councillor Stone                          Seconder:- Councillor Lakin

Resolved:-  That the reports and minutes of the meeting of the Audit Committee (Section P) (Pages 22P to 28P) be adopted.

Mover:-  Councillor Kaye                           Seconder:-  Councillor Sims

Resolved:-  That the reports and minutes of the meeting of the Licensing Board (Section Q) (Pages 26Q to 3Q) and Section P (Pages 1P to 2P) be adopted.

Mover:-  Councillor Dalton                        Seconder:-  The Mayor

                                                                       (Councillor John Foden)

Resolved:-  That the reports and minutes of the meeting of the Health and Wellbeing Board (Section S) (pages 76S to 91S) be adopted.

Mover:-  Councillor Doyle                          Seconder:-  Councillor Lakin

Resolved:-  That the reports and minutes of the meetings of the Planning Board (Section T) (pages 60T to 73T) be adopted.

Mover:-  Councillor Atkin                           Seconder:-  Councillor Smith

(1)  Councillor C. Vines why could the revenue not be raised from the disposal and sale of assets to fund some of the Children’s’ Centres you were closing?

Councillor Wyatt explained that the Council did not want to close Children’s Centres, but found itself in a position where the funding had been withdrawn by Central Government.  However, in disposing or selling any of its assets, the Council would receive a capital receipt. Under Local Authority legislation, regulations and professional accounting rules, the Council was not able to use a capital receipt to fund the ongoing operational cost of its services.

Councillor Vines confirmed that he would be willing to forego his Special Responsibility Allowance and £1,000 from his basic allowance if other Councillors followed suit in order to keep some of the Children’s Centres open.

Councillor Wyatt pointed out that the cost of keeping the Children’s Centres open would be in the region of £2 million.

(2)  Councillor Hunter asked about the new build school for the Eastwood area and asked if this school be a PFI financed school project and if so what cost would this add further to the already overstretched Council debt and budget burden to RMBC?

Councillor Wyatt explained that this was not a PFI project.  Funding had been obtained from the DfE with Rotherham Council providing an additional £2 million of borrowing to meet the project’s total costs.

(3)  Councillor Cutts asked did RMBC employ through agency staff ex-employees of RMBC dismissed or made redundant on seasonal work.

If so did the Council endorse the zero hour contracts imposed upon most of the agency staff they suppllied to RMBC?

Councillor Lakin explained that there had been much interest in the media of late over zero hour contracts with concerns being expressed about increasing use of this method of employment by some organisations in a manner that could be perceived to be exploitative.

The Council had always made use of casual workers who registered an interest in undertaking a particular type of work on an as and when basis.

Casual work by its nature was generally infrequent, for instance to cover for short term sickness absence or for very particular types of work which only occurred in specific short term circumstances, an example being exam invigilators around May/June.

Casual workers applied for such work understanding that its nature would be infrequent and equally that they were free to turn down any offers of work when they arose.  Indeed, this could be part of its attraction.

Casual workers received the same rates of pay and holiday entitlement as contracted hour employees.  Holiday entitlement was calculated by aggregating any periods of work that they may undertake over a period of time for which they were recompensed with appropriate sick pay.  Statutory sick pay and maternity pay was paid in appropriate circumstances subject to qualification rules.

Casual workers may at any time opt to join the Local Government Pension Scheme and teachers working on a casual basis were enrolled  ...  view the full minutes text for item 29.

There are none.

To add Councillor Roche to the membership of the Planning Board and for Councillor Currie to be added as substitute for Rotherham South Area Assembly for the Planning Board.

To remove Councillor Pitchley from the Health Select Commission and to add Councillor Robinson to the membership of the Health Select Commission.

Consideration was given to requests for:-

·                To add Councillor Roche to the membership of the Planning Board and for Councillor Currie to be added as substitute for Rotherham South Area Assembly for the Planning Board.

·                To remove Councillor Pitchley from the Health Select Commission and to add Councillor Robinson to the membership of the Health Select Commission.

Resolved:- (1)  That Councillor Roche be added to the membership of the Planning Board and Councillor Currie be named substitute for Rotherham South Area Assembly.

(2)  That Councillor Robinson be added to the membership of the Health Select Commission and Councillor Pitchley be removed.

Mover:- Councillor Stone                          Seconder:- Councillor Lakin

Councillor Whelbourn presented the 2013/14 Annual Report which presented a summary of the work undertaken during the last municipal year and in doing so welcomed the opportunity to give an update on activity and achievements from 2013/14 for each of the Select Commissions and how the Overview and Scrutiny Management Board had overseen its own work programme as well as that of the Select Commissions.

Resolved:- That the Scrutiny Report for 2013/14 be received and the update noted.

Mover:-  Councillor Whelbourn                Seconder:-  Councillor Steele