Council Minutes

Council Minutes

Date:
Wednesday 16 May 2012
Time:
7:00 p.m.
Place:
Council Chamber, Town Hall, Middlesbrough
 

Attendance Details

Present:
Councillor R Arundale, Councillor S Biswas, Councillor S E Bloundele, Councillor J Brunton, Councillor D Budd, Councillor M Carr, Councillor G B Clark, Councillor B Coppinger, Councillor P Cox, Councillor D Davison, Councillor M Hanif, Councillor T Harvey, Councillor W Hawthorne, Councillor C Hobson, Councillor J Hobson, Councillor B A Hubbard, Councillor M Hudson, Councillor N Hussain, Councillor L Junier, Councillor R Kerr, Councillor P Khan, Councillor S Khan, Councillor R Lowes, R Mallon (Mayor), Councillor T Mawston, Councillor F McIntyre, Councillor J McPartland, Councillor J McTigue, Councillor J Michna, Councillor K J Morby, Councillor H Pearson, Councillor G Purvis, Councillor P Purvis, Councillor H Rehman, Councillor C M Rooney, Councillor J Rostron, Councillor P Sanderson, Councillor M Saunders, Councillor J Sharrocks, Councillor P Sharrocks, Councillor B E Taylor, Councillor B Thompson, Councillor J A Walker, Councillor N J Walker, Councillor M B Williams
Officers:
M Braithwaite, B Carr, J Lewis, R G Long, I Parker, M Robinson and M Storey.
Apologies for absence:
Councillors Brady, Cole, Dryden and Lancaster.
Declarations of interest:

There were no declarations of interest for this meeting.

Item Number Item/Resolution
PUBLIC
12/1 ELECTION OF CHAIR OF THE COUNCIL FOR 2012/2013

The Vice-Chair (Councillor Lowes) invited nominations for the election of Chair of the Council for the Municipal Year 2012/2013.

 

Moved by Councillor Rooney, seconded by Councillor Rostron and ORDERED that Councillor Bloundele, of 49 Oxford Road, Middlesbrough, be and is hereby elected Chair of the Council for the Borough of Middlesbrough to hold office for the Municipal Year 2012/2013.

 

(Councillor Bloundele joined the meeting and assumed the Chair)

 

(Councillor Bloundele in the Chair).
 

12/2 APPOINTMENT OF VICE-CHAIR OF THE COUNCIL FOR 2012/2013

Moved by Councillor Rooney, seconded by Councillor Rostron and ORDERED that Councillor Ronnie Lowes, of 41 Earlsdon Avenue, Middlesbrough be and is hereby appointed Vice Chair of the Council for the Borough of Middlesbrough to hold office for the Municipal Year 2012/2013.

12/3 GLENYS JONES AND CORPORAL ANDREW ROBERTS

The Chair reported with sadness the deaths of Glenys Jones, former Corporate Director of Social Services who died following a recent illness and that of Corporal Andrew Roberts, of the Royal Logistics Corp. who died in action on assignment in Afghanistan. Condolences were extended to their families and friends and all present stood in silence in their memory. NOTED.

12/4 MINUTES

The minutes of the previous meeting held on 4 April 2012 were submitted and approved as a correct record.

12/5 REPORT OF THE MEMBERS' REMUNERATION PANEL ON MEMBERS' ALLOWANCES 2012/2013

Council received a report from the Director of Legal and Democratic Services, presenting the recommendations of the Independent Panel on Members’ Remuneration. Appendix 1 to the submitted report detailed the Panel's full report which recommended no change to the current scheme.

 

Moved, Seconded and ORDERED that the report of the Independent Panel be noted.
 

12/6 SCHEME OF ALLOWANCES 2012/2013

Council received and considered a report of the Director of Legal and Democratic Services enclosing the proposed Scheme of Allowances for the year 2012/2013.

 

Moved, seconded and ORDERED as follows:

 

1. That the Scheme of Allowances for 2012/2013 be approved and adopted subject to the following:

 

• Increase in Child Care Allowance from 5.93 per hr to 6.08 per hr

• Deletion of allowances for Corporate Parenting Board and Complaints and Appeals Committee which are not to be re-established.

 

SCHEDULE 1

 

OFFICE / ALLOWANCE


Mayor (Basic Allowance x 10) - £61,300


Deputy Mayor (Basic Allowance x 3) - £18,390


Executive Members (Basic Allowance x 2 - £12,260


Chair of Overview & Scrutiny Board (Basic Allowance x 2) - £12,260
 

Chair of Licensing Committee (Basic Allowance x 1.5)* - £9,195 (£9,200)


Chair of Planning & Development Committee (Basic Allowance x 1.5)* - £9,195 (£9,200)


Chair of the Council (Basic Allowance x 1) - £6,130


Chair of Corporate Affairs Committee (Basic Allowance x 1) - £6,130
 

Chairs of Scrutiny Panels (Basic Allowance x 1) - £6,130


Chair of Staff Appeals Committee (Basic Allowance x 1) - £6,130


Chair of Audit and Governance Committee (Basic Allowance x 1) - £6,130
 

Vice Chair of the Council (Basic Allowance x 0.5)*  - £3,065 (£3,070)
 

Chair of Teesside Pension Fund & Investment Panel*(Basic Allowance x 0.5)  - £3,065 (£3,070)


Political Group Leaders:


Majority Group (Basic Allowance x 1.5)*  - £9,195 (£9,200)


Largest Minority Groups - maximum x 2 providing they
have 10% of Council membership (Basic Allowance
x 0.5)*  - £3,065 (£3,070)


SCHEDULE 2

 

The following are specified as the allowances to be paid in respect of Co-opted Members:

 

Chair of Standards Committee (Basic Allowance x 1) - £6,130

 

Chair of Standards Sub-Committees (Initial Assessment Sub-Committee),
Appeals (Review) Sub-Committee; and Hearings Sub-Committee)


• For meeting of up to 4 hours: £70
• For meetings exceeding 4 hours: £140
except that these shall not apply when the Chair of the
Standards Committee chairs a Sub-Committee meeting.

 

2. That the Minority Group Allowance be paid to the leader of the Conservative Group.

12/7 UPDATE ON THE CONSTITUTION 2012/2013

Council received and considered a report of the Director of Legal and Democratic Services in regard to recommendations referred from the Standards Committee and Constitution Committee as follows:-

 

Code of Conduct - The Standards Committee held on 13 March 2012 and Constitution Committee held on 20 April 2012 considered and remitted for Council approval, a revised Code of Conduct as required by the Localism Act 2011.

 

Overview and Scrutiny Board - Call-in Procedure Rules. - The Constitution Committee on 20 April considered the procedures for the call-in of executive decisions for consideration by the Overview and Scrutiny Board and recommended that the following additional paragraphs be added the Scrutiny Procedure Rules:

 

15(c)  At the meeting considering the Call-in , the reasons for the Call-in will be presented to the Overview and Scrutiny Board by the member who has initiated the Call-in, or one of the other signatories to the Call-in. Paragraphs 13 and 14 above shall apply equally to Call-ins.

 

15(d)  If the member who initiated the Call-in wants a person who is a member or an officer of the authority to appear as a witness, then the permission of the Chair of the Overview and Scrutiny Board must be sought at least three clear working days prior to the date of the Call-in meeting.

 

15(e)  Any person appearing at a Call-in as a witness may only provide factual evidence.

 

Subsequent paragraphs to be re-numbered accordingly.

 

Use of Mobile Devices during Council Meetings

 

Council on 11 January 2012 agreed to remit the above matter to the Constitution Committee. The Committee held on 20 April 2012 recommended the addition of the following paragraphs to the Council Procedure Rules:

 

(i) During Council meetings all mobile devices should be switched to silent mode.

 

(ii) No. video, voice call, recordings or photographs to be made or taken without the agreement of the Chair.

 

(iii) Texting and tweeting is permitted providing it does not interfere with the conduct of the business.

 

(iv)  The use of all mobile devices would be prohibited during all Council meetings when the press and public are excluded.

 

 

• Scheme of Delegation - Officers - Licensing Matters

 

Constitution Committee at its meeting on 20 April 2012 made the following recommendations for delegation of hackney carriage and private hire licensing matters to the Assistant Director, Community Protection. The Licensing Committee at its meeting on 14 May 2012 also authorised delegation of the following additional matters associated with the Licensing Act 2003 arising from the Police Reform and Social Responsibility Act 2012.

 

Delegated Taxi Licensing Functions - Assistant Director of Community Protection

 

1. Power to licence hackney carriages and private hire vehicles where there are no grounds for refusal.

 

2. Power to licence drivers of hackney carriages and private hire vehicles where there are no ground  for refusal.

 

3. Power to licence operators of hackney carriages and private hire vehicles where there are no grounds for refusal.

 

4. Power to suspend or revoke a private hire or hackney carriage driver’s licence with immediate effect.

 

5. Power to set fees and charges only insofar as they relate to the work of the service unit and not any other service area or officer.

 

6.    Power to serve statutory notices under the Local Government (Miscellaneous Provisions) Act 1976.

 

7.    Power to institute legal proceedings under the Local Government (Miscellaneous Provisions) Act 1976.

 

8.    Power to institute legal proceedings under the Town Police Clauses Act 1847.

 

9.    Power to institute legal proceedings under the Road Traffic Act 1988.

 

10.  Power to institute legal proceedings under the Criminal Justice and Public Order Act 1994.

 

11.  Power to seize goods and documents under the Local Government (Miscellaneous Provisions) Act 1976.

 

12.  Power to direct the use of surveillance activities and the use of covert human intelligence services requiring authorisation under the Regulation of Investigatory Powers Act 2000.

 

13.   Power to represent the Licensing Authority in the Magistrates Courts, Crown Courts, High Courts and Tribunals and Inquiries.

 

14.   Power to act as Disclosure Officer under the Criminal Procedure and Investigation Act 1996

 

Delegeted Licensing Act 2003 Functions - Assistant Director of Community Protection

 

1. The power to make representations in respect of applications for or variations to pre licences, club premises certificates and provisional statements under the Licensing Act 2003 as amended by the Police Reform and Social Responsibility Act 2012.

 

2. The power to apply for a review of a licence or other such authorisation under the Licensing Act 2000 as amended by the Police Reform and Social Responsibility Act 2012.

 

3. The power to suspend a licence or other such authorisation for failure to pay the annual fee under the Licensing Act 2003 as amended by the Police Reform and Social Responsibility Act 2012.

 

Moved, Seconded and ORDERED as follows:

 

1. That the revised Code of Conduct be adopted and added to the Constitution.

 

2. That the additional paragraphs in regard to Call-in as detailed above be agreed and added to the Scrutiny Procedure Rules.

 

3. That the additional paragraphs in regard to the use of mobile devices during council meetings be agreed and added to the Council Procedure Rules.

 

4. That the licensing functions set out above be delegated to officers and the officer scheme of delegation be amended accordingly.

12/8 POLITICAL BALANCE - ALLOCATION OF SEATS ON COMMITTEES 2012/2013

Council received and considered a report by the Director of Legal and Democratic Services recommending the allocation of places on committees and sub-committee in line with the political balance of the Council and, in accordance with the requirements of Section 15 of the Local Government and Housing Act 1989.

 

Moved, seconded and ORDERED as follows:

 

1. That political balance be waived in respect of the following committees:

 

Corporate Health and Safety Committee
Member Development Working Group
Works Council
Chief Officer Appointments Committee
Constitution Committee
Social Services Appeals Committee
Civics Working Group

 

2. That the allocation of seats on those committees to which political balance rules apply be approved as follows:

 

Labour Group - 82 seats
Middlesbrough Independent Councillors Association - 8 seats
Conservative Group - 11 seats
Marton Independent Group - 5 seats
Independents/ Liberal Democrat/Green Party - 28 seats
 

 

3. That the changes to arrangements for joint committees and partnership meetings be noted.

 

4. That the Director of Legal and Democratic Services be authorised to fill the unallocated seats in accordance with the procedures detailed in the report and make any further adjustments to remove or replace members where directed by the relevant group or member.

 

5. That any committee established prior to the next review be appointed on the basis of the places shown in Table 3 of the appendix to the report.
 

12/9 COUNCIL COMMITTEES - ESTABLISHMENT, TERMS OF REFERENCE, ALLOCATION OF PLACES AND MEMBERSHIP 2012/2013

Moved, seconded and ORDERED as follows:

 

1. That the establishment of the committees, sub-committees, boards, panels and working parties etc. of the Council, their size and terms of reference, as indicated in the appendix to the submitted report, be approved for the Municipal Year 2012/2013.

 

2. That the membership of committees and appointment of Chairs and Vice-Chairs as indicated in the appendix to the submitted report be approved for the Municipal Year 2012/2013, subject to the following:

 

Schedule B Appointments
Constitution Committee - Add Councillor Mawston.
Works Council - Add Councillor Hubbard

 

Schedule C Appointments
Corporate Affairs Committee - Add Councillor McPartland
Ad Hoc Scrutiny Panel - Add Councillor Mawston
Children and Learning Scrutiny Panel - Defer vacancy
Health Scrutiny Panel - Defer vacancy
Teesside Pension Fund and Investment Panel - Defer vacancy

 

3.  That the establishment, of the Executive, its committees, sub-committees, advisory bodies, their size, membership and terms of reference, chairs and vice-chairs appointments as set out in the appendix to the submitted report and approved by the Mayor for the Municipal Year 2012/2013, be noted.

 

 (Details of the amended schedules are not reproduced in these minutes but are included in the Minute Book)

12/10 EXECUTIVE SCHEME OF DELEGATION

As required by the Constitution, a report was submitted setting out membership of the Executive appointed by the Mayor together with details of the Executive Scheme of Delegation delegating responsibility for certain functions to the Executive, individual portfolio holders, sub-committees of the Executive, the Deputy Mayor and Executive Member for Resources and, where appropriate, officers of the Council.

 

Moved, seconded and ORDERED that the report be noted and, where applicable, approved.

 

(A copy of the Scheme is not reproduced in these minutes but is included in the Minute Book)
 

12/11 APPOINTMENTS BY THE COUNCIL AND EXECUTIVE TO JOINT COMMITTEES AND OUTSIDE BODIES 2012/2013

Moved, seconded and ORDERED as follows: -

 

1. That the Members indicated in Appendix A - Council nominations and Appendix B - Council/Executive nominations, attached to the submitted report be appointed to the organisations shown for the Municipal Year 2012/2013 subject to the following amendments:

 

Appendix A Council Appointments
Police Joint Committee - Add Councillor Mawston
River Tees Port Health Authority - Add Councillor Lowes
South Tees Health Scrutiny Joint Committee - Defer vacancy
Cleveland Combined Fire Authority - Add Councillor Sanderson
Cleveland Show Society Committee - Appoint Councillors Carr, Davison, S Khan, Pearson and Thompson
Middlesbrough Environment City Trust - Appoint Councillors P Sharrocks and Roston
N J Walker

 

Appendix B - Council/Executive Appointments
Service Middlesbrough - Defer vacancy
Standing Advisory Council on Religious Education (SACRE) - Defer 2 vacancies.

 

2. That the proposed nomination of representatives for appointments to be made by the Deputy Mayor and Executive Member for Resources relating to executive appointments as set out in Appendix B to the report and, as detailed in resolution 1 above - Council/Executive and, in Appendix C - Executive, be noted.

 

3. That the organisations/outside bodies identified in the schedules submitted are approved duties for the payment of travel and subsistence allowance.

 

4. That subject to consultation with the Deputy Mayor and Executive Member for Resources (for Executive appointments), the Group Leader (where a vacancy rests specifically with that political group), or the Chair of the Council (for all other nominations/appointments), the Director of Legal and Democratic Services be authorised to remove or replace representatives on outside bodies.

 

(Copies of the amended schedules are not reproduced in these minutes but are included in the minute book)

12/12 DATES AND TIMES OF COUNCIL MEETINGS - MUNICIPAL YEAR 2012/2013

Moved, seconded and ORDERED as follows:-

 

1. That all ordinary meetings of the full Council will be held on Wednesday as detailed below and will commence at 7.00 p.m. unless policy conferences, award presentations or presentations by outside bodies  form part of the agenda, in which case the meeting will commence at 6.30 p.m.

 

Wednesday 4 July 2012
Wednesday 5 September 2012
Wednesday 17 October 2012
Wednesday 28 November 2012
Wednesday 9 January 2013
Wednesday 20 February 2013
Monday 4 March 2013 (Council Tax/Budget Setting)
Wednesday 3 April 2013
Wednesday 15 May 2013(Annual Meeting)

 

2. That with the exception of the following, the remaining dates for ordinary meetings of the Council are designated as meetings at which questions will be taken from members of the public:

 

Budget/Council Tax Setting Meeting - Monday 4 March 2013
Annual Meeting - Wednesday 15 May 2013.
 

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