Agenda item

(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

QUESTIONS FROM MEMBERS OF THE PUBLIC                NO. 1

Under Procedure Rule No 10, Mr K Forest, 64a Foxglove, Amington Tamworth will ask the Portfolio Holder for Economic Development and Enterprise, Cllr Steve Claymore, the following question:-

“The Council recently offered to help and support (excluding financing) to Tamworth Football Club.

During July/August this year I undertook a trading survey of the small businesses in Tamworth. The conclusions at the time were that 15% would go out of business within 12 months. Would the Council publicly offer the same help and support to the small businesses and encourage them to form a small business organisation to enable both the small traders and others to work together for the mutual benefit of all?"

The Portfolio Holder for Economic Development and Enterprise gave the following reply:

The Council is fully committed to supporting local businesses and in particular small businesses and retailers in the town centre. We are very conscious of the tough trading times for small businesses and are actively supporting them to work together and with us.

We recognise that local traders need to support each other and that they can provide the ideas and in some cases resources needed to help themselves. We have already set up a number of schemes whereby small businesses can join together these include the TownSafe Scheme, the Tamworth District Tourism Association, the Business and Enterprise Partnership, and Place Group. All of which are supported by the Council. Further to this there is the Federation of Small Business and Chamber of Commerce.

Officers of the Council work through these forums and directly with traders to encourage positive relations and to implement initiatives to improve the vitality of the town centre.

It is worth taking this opportunity to thank Local businesses for their support such as Martin Smith from the SnowDome who chairs the Place Group, John Hill from Strykers who chairs the TDTA and the many small businesses involved in the TownSafe scheme. I would also like to promote business engagement with the new Town website established by the TDTA which seeks to promote the town to residents and visitors alike.

Supplementary Question

“I am aware that the Council is working hard to revitalise the town centre. But small businesses still blame the Council and the Council blames small businesses. Both have justification caused by the lack of understanding of the other’s problems. Small businesses are important to the town centre. But they must change attitudes to survive. An important key to that survival is for these small businesses to get organised, work together and promote each other in an informal way, and not just be individual businesses.

My supplementary therefore is this. Would the Council support and publicise this group approach, perhaps also publishing, via the press, the provision of the TBC officer contact with officer support?”

The Portfolio Holder for Economic Development and Enterprise gave the following reply:

Given the economic situation we would encourage local businesses to work positively to improve and promote their businesses and to work with us. Should local business wish to join any of the forums we would recommend that they contact myself, Robert Mitchell Deputy Director for Communities Planning and Partnerships or go through our website.

QUESTIONS FROM MEMBERS OF THE PUBLIC                NO. 2

Under Procedure Rule No 10, Mr K Forest, 64a Foxglove, Amington Tamworth will ask the Portfolio Holder for Economic Development and Enterprise, Cllr Steve Claymore, the following question:-

“Public Open Space is important to the people of Tamworth and their wellbeing. Early in 2005 Council-funded consultants made recommendations to increase public open space provision for new developments in line with PPG17. Could you please supply the following breakdown of the recommendations?"

The Portfolio Holder for Economic Development and Enterprise gave the following reply:

Recommended Quantity Provision Standards for Tamworth Borough

Supplementary Question

“The current standard at 2.43 hectares per 1000 of the population (the old six acre guide) is almost 80 years old and out of date with modern requirements, Tamworth needs to update its requirements for the 21^st century and to implement new standards and will need to consult on this.

Could you please confirm precisely when the Council intends to consult and implement new modern standards?”

The Portfolio Holder for Economic Development and Enterprise gave the following reply:

The Council is discussing where these standards will be established. It may require production of a Supplementary Planning Document which will be subject to community consultation. The Council’s revised Local Development Scheme (anticipated in early 2012) will set out the timescale and scope of the Council’s Local Development Framework, including its proposed range of supplementary Planning Documents.

QUESTIONS FROM MEMBERS OF THE COUNCIL                NO 1.

Under Procedure Rule No 11, Councillor C Cooke will ask the Leader of the Council, the following question:-

"I have noticed that the number of restricted items on Council agendas has been creeping up again. One of tonight’s 3 items is also considered to be exempt under the legislation, as is one third of next week’s Cabinet’s six agenda items. These exempt items involve nothing more than pathway maintenance, sale of some Council land and a Building Control Partnership Arrangement. Possible contracts to be decided around how Tamworth Council manages its financial affairs, assets and public duties. These are the very things the public would be interested in and in which there is a public interest for them to be heard publicly. Why should these, and so many other agenda items, be heard in secret?"

The Leader of the Council gave the following reply:

This Municipal year there have been 8 reports (including this week’s meetings) on either Council or Cabinet agendas containing exempt information which represents less than 10% of reports.  It is merely coincidence that 4 of the reports happen to be on the forward plan at the same time.  You allude to one of the main reasons for the items being excluded from the press and public at the time of reporting. – Possible contracts!  Procurement legislation is strictly rule orientated and if the Council upset that process by identifying potential contractors prior to the end of the process it could find itself involved in some pretty expensive litigation.

As a result the Chief Executive, not the Leader or the controlling group, as the constitutional guardian of the agenda has to be satisfied after consulting with the statutory officers that there is a legitimate reason for an item to be treated as containing exempt information. Please bear in mind, we as a group of 30 Councillors set the Constitution and Scheme of Delegation which gives the CEO this role. A good example of this decision making process is the report on housing repairs, investment, gas and CDM contracts.  The report itself is available for public inspection it is only the Appendix that is being treated as exempt information.  The Chief Executive is doing his job. 

The legislation to enable reports to be given the title “Contains exempt information” can be found in Paragraphs 1 to 7 of Part 1, Schedule 12A of the Local Government Act 1972 as amended and is publicly available.

I share your want for open government Councillor Cooke, but not to the cost or loss of benefit to the tax-payer whose interests come first.

Supplementary Question

I accept that we must have regard to the Chief Executive and the Council’s Solicitor but would it be fair to say that Councillors have a right to see all reports?

The Leader of the Council gave the following reply:

We as 30 Councillors set the Constitution and Scheme of Delegation and gave power to the Chief Executive and officers. I regularly discuss agendas with the Chief Executive and officers and although we sometimes add reports or sometimes we remove reports, I have never found a reason to question the Chief Executive’s decisions.

QUESTIONS FROM MEMBERS OF THE COUNCIL                NO.2

Under Procedure Rule No 11, Councillor C Cooke will ask the Portfolio Holder for Corporate Services and Assets , the following question:-

“What checks are in place and how satisfied is the Portfolio Holder that every department of this council is doing all it can to minimise energy costs and use?”

The Portfolio Holder for Corporate Services and Assets gave the following reply:

Very satisfied, I will e-mail the member directly to provide him with details of reasonable steps the council has taken to reduce energy use – as it would take too long to list.