MEETING OF MIDDLESBROUGH COUNCIL
At a meeting of Middlesbrough Council, lawfully convened, and held in the Council Chamber, Middlesbrough on 23 May 2007.
PRESENT: Councillor Bloundele (Chair), R Mallon, Mayor, Councillors Bishop, Biswas, Brunton, Budd, Carr, Clark, Coppinger, Cox, Davison, Dryden, Dunne, Elder, Ferrier, Hobson, Hubbard, Ismail, Jones, Kerr, Khan, Lancaster, Lowes, Mawston, McPartland, McTigue, Michna, Morby, Mrs Hazel Pearson, OBE, Purvis, Rehman, G Rogers, P Rogers, Rooney, Rostron, Sanderson, Taylor, B Thompson, P Thompson, J Walker, K Walker, N Walker, Ward, Whatley and Williams.
OFFICIALS: M Braithwaite, C Davies, R G Long and J Richmond.
**APOLOGIES FOR ABSENCE were submitted on behalf of Councillors Cole, McIntyre and Porley.
** WELCOME TO NEW MEMBERS
The Chair welcomed to the meeting all new and returning Councillors appointed to the Council following the elections on 3 May 2007.
** DECLARATION OF INTERESTS
Name of Member(s) / Type of Interest / Item / Nature of InterestCouncillor Taylor / Personal/Non Prejudicial / Housing with Extra Care – Employee Tees Valley Housing
** MINUTES
The minutes of the previous meeting held on 11 April 2007, were taken as read and approved as a correct record, subject to the addition of Councillor Clark’s name to the list of those present.
**ANNOUNCEMENTS
Gerard Burns
The Chair reported the recent death of Mr Gerard Burns, former Councillor for St Hilda’s Ward between 1959–68 and 1973-76 and of Berwick Hills in 1976. Mr Burns served as a Councillor on Middlesborough, Teesside and Cleveland County councils and in 1975 was elected as the 112th Mayor of Middlesbrough. Sympathy and condolences were extended to Mr Burns family and friends.
NOTED
PETITION – ERECTION OF GOAL POSTS – MINIOTT WALK/MOSS GARDENS
In accordance with Paragraph 12 of the Council’s Rules of Procedure, the Director of Legal and Democratic Services submitted a petition submitted by the lead petitioner, Mr J Andrews, 24 Miniott Walk, Hemlington, in support of the erection of goal posts on the field behind Miniott Walk and Moss Gardens. The Director reported that the petition had been forwarded to relevant Members and the Head of Streetscene for further action.
ORDERED that in accordance with Paragraph 12.3 of the Council’s Rules of Procedure, the petition be referred for executive consideration.
MEMBERS’ QUESTION TIME
Question to Councillor Budd from Councillor Williams
"Does the Council intend to influence in any way an alternative use for the Dunning Road Police Station site because of its prominent location at one corner of Centre Square?"
Councillor Budd explained that the Council’s influence over the future development of the Dunning Road Police Station started with the policies adopted in the Local Plan. They identified the major town centre site as being appropriate for town centre uses such as offices, civic, cultural and leisure. Other appropriate uses where they would complement the mix and, which would not detract from the diversity and vitality of that core part of the town, would also be appropriate. General policies relating to design and scale, accessibility and permeability, the settings of listed buildings, and developer contributions towards public art, external works to the public realm, and to town centre-wide public car parking provision would also be part of the general way the Council would be able to influence the scheme.
In view of the significance of the site, it would be looked at separately. Informal planning guidance had been given for the application which was discussed with Development Control officer and was already informing the pre-application discussions with the new owners.
Question to the Mayor from Councillor Williams
"What are the reasons for the delay in the recruitment of a new Director of Children, Families & Learning and are these reasons wise in view of the importance of this position in the Council and the progress of the Building Schools for the Future investment programme for secondary education in the town?"
The Mayor indicated that the decision to delay the decision was a large extended decision; judgement calls were required. He explained that due to the funding deficit within the service it was considered to be ill judged and unfair to appoint a new director at the time and a decision was taken for responsibility for the service to revert to the Executive Director of Social Services. The Director would take on day to day responsibility for the service and take an overview of the service which would not affect its efficiency and effectiveness. There were a number of large projects already in the pipeline and it was felt at that time that the appointment of a new Director would be of no added value. The service had recently undergone an independent assessment and had been given a clean bill of health. It was therefore expected that in 6 months or so an advertisement would be placed to fill the vacancy and it was hoped that the market would through up a good candidate. Time would tell whether it had been wise to incur the delay.
Question to the Mayor/Councillor B Thompson from Councillor Elder
"What criteria are used to formulate the catchment areas for pupils in both primary and secondary sectors?"
In view of his recent responsibility for the portfolio Councillor P Thompson responded to the question reporting that the school admission catchment areas in Middlesbrough were based on historic boundaries drawn up by the former Cleveland County Council. The criteria for determining primary/secondary catchment areas were initially based on a balance of primary/secondary age population and size of school and were used as were used as admissions criteria for schools that were oversubscribed.
For primary catchment areas, there was one for a community school and on for R.C aided schools.
Currently in the secondary sector all addresses were in the catchment area for either a community school or an academy. In addition the catchment area for Macmillan Academy covered most of Middlesbrough, excluding Coulby Newham, Marton and Nunthorpe. Following the opening of the King’s Academy it took on the catchment areas of the former Brackenhoe and Coulby Newham.
Where parents were not able to obtain their parental preference choice, there was a well established appeals system in place.
Supplementary Question
“Are the criteria described also the same for R.C schools and is there an argument for changing the boundaries?”
Councillor Thompson explained that catchment areas and admissions criteria were different for Catholic schools which tended to operate along parish lines. He did not feel there was a need to adopt ward based criteria as catchments operated where the children lived.
There had been little in the way of new builds for primary schools, with St Claire’s only being a replacement school. The King’s Academy retained the same catchment area as Coulby Newham to take account of new population in that area and other catchments served people well. A start had been made on reviewing current primary school provision and at this point Catholic schools had larger areas.
TEES VALLEY STRUCTURE PLAN - SAVED POLICIES
Council received and considered a report introduced by Councillor Budd, Executive Member for Regeneration requesting approval to extend the life of selected Tees Valley Structure Plan policies within the Development Plan beyond September 2007. The extension was required in order to bridge the gap between 28 September 2007 and adoption of the Regional Spatial Strategy which will supersede the Development Plan. Details of the policies to be saved were set out in the appendix to the report.
The report had been considered and endorsed by the Executive Member for Regeneration at an individual executive member meeting held on 24 April 2007.
Moved, seconded and ORDERED that the schedule of policies to be saved, as detailed in Appendix 1 to the report and, as submitted to the Secretary of State by the North East Assembly, be approved
APPOINTMENT OF AUDIT COMMITTEE
Members considered a report of the Director of Resources requesting approval to the establishment of an Audit Committee to advise on internal and external audit, risk management, internal control and corporate governance functions.
The core functions of the committee would be as follows:
· Review (but not direct) internal audit’s strategy, plan and performance.
· Review internal audit summary reports and the main issues arising, and seek assurance that action has been taken where necessary;
· Consider the reports of external audit and inspection agencies;
· Consider the effectiveness of the authority’s risk management arrangements, the control environment and associated anti fraud and anti corruption arrangements. Seek assurances that action is being taken on risk related issues identified by auditors and inspectors;
· Be satisfied that the authority’s assurance statements, including the Statement on Internal Control, properly reflects the risk environment and any actions required to improve it;
· Ensure that there are effective relationships between external and internal audit, inspection agencies and other relevant bodies, and that the value of the audit process is actively promoted;
· Review the financial statements, external auditor’s opinion and reports to members, and monitor management action in response to the issues raised by external audit;
· Provide an annual report to Council.
Moved, seconded and ORDERED as follows:
1. That an Audit Committee reporting directly to Council be established.
2. That the committee’s terms of reference be as detailed in Appendix A to the report.
MODEL CODE OF CONDUCT
The Director of Legal and Democratic Services submitted a report requesting approval and adoption of a new code of conduct based upon the Model Code of Conduct set out in The Local Authorities (Model Code of Conduct) Order 2007, No.1159 which came into force on 3 May 2007.
Moved, seconded and ORDERED that adoption of the Model Code of Conduct appended to the report be approved.
REVIEW OF CONSTITUTION
Members considered a report outlining details of proposed changes to the Constitution together with changes authorised by the Director of Legal and Democratic Services acting under delegated powers which were:
· alterations made as a result of decisions of either the Council or the Executive.
· alterations made under the delegated powers given to the Monitoring Officer to deal with changes required as a result of legislative changes, and
· changes to improve the workings of the Council or to attempt to resolve ambiguities.
A copy of the document highlighting the changes made or proposed was available for inspection in the Members’ Office. It was noted that as no changes had been required or requested to the Council’s procedure rules, the requirement to waive SO23.2 was not required.
Moved, seconded and ORDERED as follows:-
1. That the proposed amendments outlined in the report be approved.
2. That the changes determined by the Director of Legal and Democratic Services be noted.
QUARTERLY UPDATE – URGENT DECISIONS – FEBRUARY 2007 – MAY 2007
In accordance with the Constitution, Council received and considered a report on special urgent and urgent decisions taken under urgency rules during the period February 2007 to May 2007 as follows:-
Subject
/ Date Decision Taken / Decision Taken BySpecial Urgent Decisions / None
Urgent Decisions
Groundwork South Tees / Executive Member for Economic Regeneration and Culture / 21 March 2007
APL Technologies Ltd – Request for Assistance / Executive Member for Economic Regeneration and Culture / 21 March 2007
Gender Equality Scheme / Deputy Mayor / 19 April 2007
East Middlesbrough Business Action Zone (EMBAZ) – A66 Strategic Gateway / Executive Member for Economic Regeneration and Culture / 24 April 2007
NOTED
MAYOR’S REPORT
The Mayor reported verbally on his assessment as to how he considered Members had conducted themselves during the recent Council elections. He commented that whilst his re-election as Mayor gave him overall responsibility for the whole of the town, and each Member had a responsibility for their ward, they also along with the Mayor, had an additional responsibility when dealing with matters regarding the Tees Valley and the sub-region to ensure that Middlesbrough could compete in relation to the city region and the North East agendas. Election to office was a public endorsement to progress those aims.
The Mayor identified the areas of focus which he considered should be the main priorities for the Council during the coming year, i.e. youth, economic regeneration and provision of a sustainable environment.
He reiterated the need to ensure that the Council was able to:
· attract new business into the town;
· reduce unemployment;
· reduce the numbers of people on Incapacity Benefit;
· provide education, employment and training opportunities for young people;
· improve the transport infrastructure e.g. by looking at whether there was a need for a Park and Ride facility and by pursuing the notion of an East Middlesbrough By Pass (EMBP) and
· examine ways to help reduce global warming.
The Mayor stated that the new administration, by working together on the various issues, by drawing a line under the past, by not focussing on petty politics such as allowances, could achieve far more than by working against one another. He indicated that his personal agenda had been developed as a result of issues raised by the public who had vote on the basis of achievements made over the past five years and not just the period prior to the elections. He cited Councillor William’s question earlier on the agenda for the meeting as an example of the type of question Members should be putting to Council meetings in order to hold him to account. He indicated that the administration was not an elected dictatorship and that Members’ views and opinions would be taken into consideration, help to develop policy and shape the way ahead in the next four years. He also drew attention to the newly formed company Tees Valley Unlimited which would help Middlesbrough and the Tees Valley to “punch its weight” in the region.
Responding to the Mayor’s comments Members made the following points:
· Middlesbrough already had a good record on improving air pollution dating back to the 1970s when it as acknowledged as the cleanest town in the country;
· The EMBP was a start but the Council should be looking at more than that, e.g. an integrated transport system to serve the greater area outside of the town’s boundaries;