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Agenda and minutes

Venue: Town Hall, Market Street, Tamworth. View directions

Contact: Democratic Services 01827 709264 

Items
No. Item

44.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors L Bates, B Beale, M Clarke, K Gant, M McDermid and M Thurgood.

45.

To receive the Minutes of the previous meeting pdf icon PDF 47 KB

Minutes:

The minutes of the meeting held on 23 October 2012 were approved and signed as a correct record.

(Moved by Councillor D Cook and seconded by Councillor R Pritchard)

46.

Declarations of Interest

To receive any declarations of Members’ interests (pecuniary and non-pecuniary) in any matters which are to be considered at this meeting.

 

When Members are declaring a pecuniary or non-pecuniary interest in respect of which they have dispensation, they should specify the nature of such interest.  Members should leave the room if they have a pecuniary or non-pecuniary interest in respect of which they do not have a dispensation. 

 

Minutes:

Anthony Goodwin Chief Executive gave the following announcement:

 

In terms of the Localism Act 2011 members with a Disclosable Pecuniary Interest are prohibited from participating in authority business.  However there are exceptions to such interests being considered prejudicial otherwise the Council would not be in a position, for example, to fix the rate of Council Tax.  Housing Benefit is another example where a member may have a Disclosable Pecuniary Interest but for the purposes of deciding such benefit all members will be allowed to participate fully in the business before the Council tonight.

 

There were no Declarations of Interest.

47.

To receive any announcements from the Mayor, Leader, Members of the Cabinet or the Chief Executive

Minutes:

Announcement by the Mayor

 

A reminder that the Mayors Carol Service is being held at 7pm at St Editha’s Church on Friday. Everyone is welcome.

 

Big thanks to the Democratic and Election Services Officer Linda Street and the team for buffet tonight and for all the work they have done throughout the year.

 

The Mayor attended St Georges Park Sutton and received a legacy certificate on behalf of the Leader and Chief Executive to implement in 2013. The legacy was read out and accepted by the Chief Executive on behalf of the Borough.

 

Announcement by the Leader of the Council

 

The Leader inadvertently called Councillor Seekings a liar at the State of Tamworth Debate. He apologised to Councillor Seekings.

 

Councillor Seekings accepted the apology unreservedly.

 

Announcement by the Deputy Leader of the Opposition

 

Councillor McDermid has raised £500 for Cancer Research for the Movember appeal. One in three people are affected by Cancer and this is a good cause to raise awareness of cancer. He thanked everyone for their support.

48.

Question Time:

(i)                 To answer questions from members of the public pursuant to Procedure Rule No. 10.

 

(ii)               To answer questions from members of the Council pursuant to Procedure Rule No. 11

 

Minutes:

QUESTIONS FROM MEMBERS OF THE COUNCIL                NO.1

Under Procedure Rule No 11, Councillor John Faulkner asked the Leader, the following question:-

 

"When will we have a public apology from Councillor Michelle Thurgood for the inappropriate comments which she made at the Aspire & Prosper Scrutiny Meeting held on 29 August 2012 when she called into question the professionalism of a senior officer of this Council."

 

(Note: This question will be withdrawn if there is a sufficient public apology before the time for this question arrives)

 

The Leader of the Council gave the following reply:

 

Thank you Madam Mayor.

 

Firstly, I can confirm Councillor Thurgood has already apologised to the officer. This was also followed up by an email confirming the apology. All this took place within a week of the meeting. The officer requested time from Councillor Thurgood to consider the apology. To date, as far as I am aware Councillor Thurgood has had no response.

 

The interesting thing here is how would Councillor Faulkner be sure the officer in question is seeking a full public apology on the matter.  I could never accept that any officer of this Council would discuss a matter of one member of one of the political parties conduct with a member of another political party. This would surely be unethical and possibly in breach of the protocols of an officer. If that was the case myself and the Chief Executive will be having a conversation.

 

However, I refuse to believe that is the case at present and thus can only assume either Councillor Faulkner is trying to score political points or he genuinely believes an apology is the right thing to offer in a public sphere.

 

Accepting Councillor Faulkner believes it is the right thing to do and I offer no reason to imply otherwise, I can confirm I have had conversations with Councillor Thurgood, they were very easy conversations as Councillor Thurgood has already apologised both verbally and in writing.

 

When Councillor Faulkner submitted this question at 15:53 on the 6th December, he did state in his email the question would be withdrawn if a public apology was made before tonight. Was it just unfortunate timing that the only public place to offer such an apology between the 6th December and the 13th December, well tonight, was a planning meeting on 11th December and surely we can all agree planning committees are not the correct environment for non planning related announcements. Tonight Councillor Thurgood is abroad at the instruction of her employer thus can not facilitate this request this evening.

 

However, I can confirm to this chamber this evening emails have been exchanged this week between Councillor Faulkner and Councillor Thurgood on this matter and I suspect they have not quite seen eye to eye on the matter. Certainly not on biblical statements, concerning sermons on the mount. But the matter in question was confirmed.

 

Councillor Thurgood will apologise in a public meeting, but I suspect Councillor Faulkner is not  ...  view the full minutes text for item 48.

49.

Localising Support for Council Tax Scheme pdf icon PDF 48 KB

(Report of the Portfolio Holder for Core Services and Assets)

Additional documents:

Minutes:

The Report of the Portfolio Holder for Core Services and Assets seeking Council approval for the proposed Local Council Tax Support Scheme for Tamworth from 1st April 2013 was considered.

 

RESOLVED:

That the proposed Local Council Tax Support scheme be endorsed.

 

 

(Moved by Councillor R Pritchard and seconded by Councillor D Cook)

 

50.

Technical Reform of Council Tax pdf icon PDF 69 KB

(Report of the Portfolio Holder for Core Services and Assets)

Minutes:

The Report of the Portfolio Holder for Core Services and Assets seeking Council approval for proposed amendments to Council Tax discounts and outline of several reforms to the Council Tax system arising from the Local government Finance Bill 2012 was considered.

 

RESOLVED:

 

That:

 

1

The following changes to Council Tax discounts and exemptions with effect from 1 April 2013:

 

 

 

a.

The removal of the 50% second homes discount so that all second homes are liable for full Council Tax;

 

 

b.

The granting of a 50% discount on properties undergoing structural work for up to 12 months;

 

 

c.

The granting of a 100% discount for 2 months on dwellings which are empty and unfurnished.  After this period a full charge shall apply;

 

 

d.

The levying of the maximum allowable additional premium of 50% on properties that have been empty for two or more years

 

2

The technical matters identified be endorsed, and;

 

3

The potential requirement for additional resource be acknowledged, and;

 

4

The Authority acknowledges that with effect 1st April 2013 charges recovery costs of £60 on the issue of a summons and a further £35 if a liability order is awarded to allow for increased recovery costs.

 

 

(Moved by Councillor R Pritchard and seconded by Councillor D Cook)

 

51.

Council Tax Base 2013/14 pdf icon PDF 33 KB

(Report of the Portfolio Holder for Core Services and Assets)

Minutes:

The Report of the Portfolio Holder for Core Services and Assets on the Council Tax Base for the Borough Council 2013/14 was considered.

 

RESOLVED:

That Tamworth Borough Council resolves its calculation of the Council Tax Base for the year 2013/14 to be 20,199 (2012/13 – 23,378)

 

(Moved by Councillor R Pritchard and seconded by Councillor D Cook)

 

52.

Treasury Management Strategy Statement and Annual Investment Strategy Mid-year Review Report 2012/13 pdf icon PDF 241 KB

(Report of the Portfolio Holder for Core Services and Assets)

Additional documents:

Minutes:

The Report of the Portfolio Holder for Core Services and Assets presenting Members the Mid-year review of the Treasury Management Strategy Statement and Annual Investment Strategy was considered.

 

RESOLVED:

 

 

 

1

The Treasury Management Strategy Statement and Annual Investment Strategy Mid-Year Review Report 2012/13 be accepted, and;

 

2

The CIPFA Code of Practice as revised in November 2011 be formally adopted.

 

 

(Moved by Councillor R Pritchard and seconded by Councillor D Cook)

 

53.

Review of the Constitution pdf icon PDF 26 KB

(Report of the Solicitor to the Council and Monitoring Officer)

Minutes:

The Report of the Solicitor to the Council and Monitoring Officer reviewing the governance process, ensuring compliance with statutory obligations, to obtain fit for purpose documents that will be intra vires, equitable and legal was considered.

 

RESOLVED:

That the Council set up a project team comprising Chief Executive, Leader and Deputy Leader of both parties, Independent Member and lead by an independent advisor (quotations have been received and are currently being evaluated) to source

 

(a)

review the Constitution and Scheme of Delegation thereafter, and;

 

(b)

to report the results to Audit and Governance Committee, and;

 

(c)

with a report seeking approval of both revised documents being made to the first business meeting of the Council in 2013.

 

(Moved by Councillor D Cook and seconded by Councillor R Pritchard)

 

54.

Regulation Of Investigatory Powers Act Policy Revised in Accordance with the Protection of Freedoms Act 2012 pdf icon PDF 24 KB

(Report of the Solicitor to the Council and Monitoring Officer)

Additional documents:

Minutes:

The Report of the Solicitor to the Council advising Members of the proposed amendments to the Corporate Policy governing the Regulation of Investigatory Powers Act 2000 in light of the new requirements introduced by the Protection of Freedoms Act 2012 and seeking approval thereof was considered.

 

RESOLVED:

That the Council adopts the RIPA policy on Directed Surveillance, Covert Human Intelligence Sources (CHIS) and Acquisition of Communications Data.

 

(Moved by Councillor J Oates and seconded by Councillor D Cook)