Agenda and minutes

Council - Wednesday 28th July, 2021 7.00 pm

Venue: Main Hall, in the Town Hall

Contact: Bernie Carr 

No. Item


Declarations of Interest

To receive any declarations of interest.


There were no declarations of interest received at this point in the meeting.


Minutes- Council - 7 July 2021 pdf icon PDF 260 KB


The minutes of the Council meeting held on 7 July were submitted and approved as a correct record, subject to the correction of a minor typographical error under Executive Member questions.




To receive and consider any communications from the Chair, Mayor, Executive Members or Chief Executive (if any).



The Chair announced with sadness, the death of former Councillor Peter Porley on 4th July 2021, aged 90.


Peter was elected as Councillor for Park End ward in 1999 and was a member of a number of different committees. He was Chair of the Licensing Committee.  Peter also acted as Civic Mayor of Middlesbrough in 2003/04 and remained a Ward Councillor until 2011.


All present stood in silence as a mark of respect.



Questions from Members of the Public (if any).


There were no valid questions submitted from members of the public for this meeting.


Mayor's Statement and Report


The Mayor stated that he would like to highlight the following five issues:-




The Mayor advised that Middlesbrough had the worst rate of infections across the Tees Valley. He stated that the connection between infection and hospitalisation had changed. He stated that it was really important that people were vaccinated. The numbers were high but they were coming down. Neil Ferguson, a respected scientist had indicated that infection rates should have lowered by October.


The Mayor urged people to continue to wear masks in shops and on public transport.


Affordable Housing


The Mayor stated that a lack of high quality affordable housing had a negative impact on family’s mental health and on how well children performed at school and after school.


The Council was currently involved in the following schemes which involved the building of affordable homes:


Tollesby shops – work had commenced on site.


Captain Cook site – high quality social housing was being built.


Gresham – Following a £21m investment from Thirteen (which was part of a £30m investment), housing would be delivered within a year.




The Mayor stated that he was disappointed that the current Chief Constable, Richard Lewis was leaving his post as he had stabilised the force. The Mayor stated that he was optimistic for the force going forward. He stated that he hoped that whoever was appointed, would build upon the work of the current Chief Constable, and continue to drive the police force going forward.




The Mayor stated that there was lots of anger about the state of the roads in Middlesbrough, particularly in relation to potholes. The Council had spent more money on potholes in the last year then it had over a period of years.


There had been a lack of spending on roads over the last 10 years and as a consequence, it would cost millions of pounds to repair the roads to an acceptable level.


Over the next two months, there would be a challenge for the Executive and Senior Officers, to look at how the funding would be found.


Middlesbrough Wild Flowers and Trees


The Mayor stated that the planting of trees and wild flowers in the town was cheering people in the town up and lifting spirits. In the next few days there would be floral displays placed throughout the town. The Mayor asked if anyone had any other ideas about improving the town that would not cost too much, to let him know


Councillor M Storey stated that he was pleased to see the demolition of Tollesby shops and that work had commenced on the site. He thanked the Mayor and the Council for following through with the plans. He stated that Councillor Dean deserved some credit as she had worked hard on this issue for many years, together with previous labour Councillors and the MP for Middlesbrough.


In respect of the roads and potholes, the Mayor and Executive Members had initiated the pothole purge, and the expectations of residents  ...  view the full minutes text for item 21/35


Report of the Overview and Scrutiny Board pdf icon PDF 250 KB


The Chair of the Overview and Scrutiny Board submitted a report, the purpose of which was to provide an update on the current position regarding progress made by the Overview and Scrutiny Board and each of the individual Scrutiny Panels.


ORDERED that the report be noted.


Urgent Items

To consider and Deal with any urgent business brought before the Council by the Proper Officer (if any).



There were no urgent items submitted within the specified deadlines for this meeting.


Notice of Motions pdf icon PDF 330 KB


Consideration was given to Motion No. 147, moved by Councillor M Storey and seconded by Councillor Rooney of which notice had been given in accordance with Council Procedure Rules No. 53-60 as follows:


Motion: Freedom of the Borough

“That Council, in accordance with Procedure Rule 7(a)(ii) of the constitution of Middlesbrough Council agree a resolution to call an Extraordinary meeting of the Council for the purposes of awarding the Freedom of the Borough to Mr Gareth Southgate OBE.


After some of the most difficult and tragic 18 months this country has faced, this England football team led by Gareth Southgate has given everyone some much needed hope and joy. In difficult times, Gareth Southgate has united England with his unifying presence, leadership and quiet charisma. As a former Captain and manager of Middlesbrough Football Club, Gareth has a unique connection with our town. This Council believes it is fitting to award him the Freedom of the Borough.”


Councillor Rooney seconded the Motion and reserved the right to speak.


Councillor M Storey spoke in support of the Motion. He stated that he was delighted to propose the Motion. Gareth Southgate was the first Boro captain to lift a league trophy. By reaching the first major final for England in 55 years, Gareth Southgate had written his name into the national story. The England team were moulded in the image of Gareth Southgate. They were young talented, hard-working lads and provided role models for young people.


The stance of the manager and the team against anti-racism was to be applauded. The England team had given the people joy and he recommended that Gareth Southgate be given the Freedom of the Borough. .


Councillor Platt queried whether the honour should only be given to people brought up in the town. He provided a list of other successful sportsmen in the town, Councillor Platt pointed out that the award was awarded for eminent services to Middlesbrough. The award was bestowed on few people and only 17 had received it. He stated that Gareth Southgate was a genuine person but he queried whether people who did not live in the Borough should receive the award,


Councillor Mawston spoke in support of the Motion.


Councillor Higgins spoke in support of the Motion. She stated that Gareth Southgate was a role model for young people. He had influenced the young people of Middlesbrough,


Councillor McTigue queried whether Gareth Southgate was born or lived in Middlesbrough. It was confirmed that he was not born or did not live in the town. She stated that the award should be given to someone who was born and lived in the town.


Councillor Cooke spoke in support of the Motion. He stated that any of the people on the list that Councillor Platt had read out deserved the award. The young children looked up to the England team and the manager. People who aspired young people did not necessarily have to come from Middlesbrough.


Councillor Arundale stated that Gareth  ...  view the full minutes text for item 21/38


Notice of Urgent Motions (if any)


There were no Notice of Urgent Motions submitted within the specified deadlines for this meeting.


Members' Question Time pdf icon PDF 324 KB


The Chair announced that there were three questions from Members of the Council. The details of the specific questions were included at Agenda Item 11.


Question 1/21 - Councillor Branson to the Mayor regarding whether the creation of a Freeport at Teesport was likely to mean that businesses from Middlesbrough would relocate there and this would lead to a reduction in Council Tax Revenue.


The Mayor advised that he did have concerns that businesses would move from one part of the town and relocate to the Freeport but he did not think this would happen. He stated that the idea of the Freeport was about attracting international businesses to the town. The Freeport would be based upon people bringing jobs to the area. Part of Middlesbrough was in the Freeport such as Dawsons and other businesses were considering locating to the Freeport.


Question 2/21 - Councillor Cooke to Councillor Cooper regarding the repair of a crater on The Crescent/Meath Street junction and whether an audit could be done throughout the town to ensure that this would not happen again.


Councillor Cooke acknowledged that one of the craters had been repaired but he advised that his question still applied because of the state of other roads in the town.


Councillor Cooper advised that an audit had been carried out in respect of all roads but this would be an ongoing process. He advised that a list of the roads that had been identified as in need of repair would be circulated and if any roads had been missed off the list, Councillors could notify him of any omissions.


Question 3/21 - Councillor Hellaoui to the Mayor regarding children living in poverty in Middlesbrough.


The Mayor advised that it was a complex problem. One of the reasons that the North East was suffering was because of the drop in population. The people that were leaving were those that had the financial means to do so. The Mayor stated that the Council needed to attract people to the town but we also need to help those that required help.


Changing poverty was about culture, education, ambition, good role models and money. The Mayor stated that the Council could make sure that nobody ever went hungry. The Mayor stated that the town also needed high quality housing. He stated that the improvement in Children’s Services was good but it would still take some time to remedy.


Community Governance Review pdf icon PDF 386 KB


Councillor Cooper presented a report, which sought agreement from the Council to conduct a ‘Community Governance Review’ for the whole of the Council’s area to include Parish and Community Councils.


Councils were required to have regard to guidance issued by the Secretary of State and the Boundary Commission. Guidance suggested that it was good practice for a principal council to consider conducting a Community Governance Review every 10-15 years. It had been over fifteen years since a review was last undertaken in Middlesbrough.


A request had been made by Nunthorpe Parish Council to reconsider its current boundaries and therefore it was considered timely to conduct a review of the whole of the Council’s area and that any decisions to make changes to parish arrangements would be implemented at the next full parish elections in 2023.


Community Council’s operated on a less formal footing i.e. they were not democratically elected like Parish Councils were, however, they played an equally strong part in representing communities and acting as another mechanism for the Council to consult with communities at a local level. As a consequence, it was proposed to include Community Council’s in the Community Governance Review consultation.


Following a vote it was ORDERED as follows:


1.     That Council agree that a Community Governance Review be undertaken across the whole of the Council’s area under the terms of Chapter 3 of Part 4 of the Local Government and Public Involvement and Health (LGPIH) Act 2007.

2.     That Council approve the timetable for the review outlined in Appendix A of the report.

3.     That Council delegate to the Corporate Affairs and Audit Committee, consideration and agreement of a Terms of Reference for the review and any consultation responses for the review with final recommendations referred back to Council for approval.


Update to the Constitution pdf icon PDF 464 KB


The Director of Legal and Governance Services presented a report, the purpose of which was for Council to consider proposals to update the Constitution in respect of Motions of No Confidence, the timescales for submitting the different types of motions, the use of a Notice of Motions form and voting on Committee appointments. The proposals had been considered and endorsed at the Constitution and Members Development Committee on 26 February 2021.


Following a vote, it was ORDERED as follows:


That Council approve the following proposals to update the Constitution:


                           I.          Motions of No confidence (Appendix A) to the report to be added to the Constitution.

                         II.          Note that all Members of Council to vote on appointment of Committee Chairs and members.

                        III.          Change the timescale for submitting a Motion from 7 working days to 9 working days for Notice of Motions.

                       IV.          Agree the proposals to introduce the use a Notice of Motion form to gather additional information.

                         V.          Agree the proposal to submit amendments to ordinary motions, in writing, 2 working days before the Council meeting.

                       VI.          Agree the proposal to submit amendments to the Council Budget, in writing, 3 working days before the Council meeting.



Revised Members' Code of Conduct pdf icon PDF 386 KB

Additional documents:


The Director of Legal and Governance Services presented a report, which sought the approval of Council to the revised edition of the Members Code of Conduct.


The Constitution and Member Development Committee had been consulted on the proposed revisions and proposed some minor amendments which had been incorporated into the revised version.


The revised code had also been considered and endorsed by the Standards Committee on 19 July 2021, with a recommendation that it be submitted to Council, for final approval.


The purpose of the revised Code of Conduct was as follows;


·        To assist Members’ in modelling their behaviours to the expected behaviour set out in the code, and to outline the type of conduct that could lead to action being taken against a member.

·        To protect Members, the public, fellow councillors, local authority officers and the reputation of local government. The code set out general principles of conduct expected of all councillors and specific obligations in relation to standards of conduct.

·        To reflect the recommendations on best practice resulting from the Local Government Ethical Standards Committee Review in relation to Standards in Public Life.



Following a vote, it was ORDERED that the revised edition of the Members’ Code of Conduct be approved.