Agenda and minutes

To receive any declarations of interest.

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

The minutes of the Extraordinary Council meeting held on 31 August 2022 were submitted and approved as a correct record subject to the following amendment: -

 

Page 4 in relation to comments by Councillor Arundale:

 

Councillor Arundale stated that in his experience, animosity only came into effect in the council chamber, it did not appear to affect meetings such as the Licensing Committee or scrutiny panels. Members needed to find a constructive way forward.

 

The minutes of the Ordinary Council meeting held on 7 September 2022 and the Extraordinary Council meeting held on 19 October 2022 were submitted and approved as a correct record.

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

 

There were no announcements or communications for this meeting.

There are no questions from members of the public.

There were no valid questions submitted from members of the public, within the required timescale for this meeting.

The Mayor stated that he wished to focus on the budget, which needed to be agreed to balance the books. The Mayor referred to the fact that four other local authorities had indicated that they could go bankrupt because of budgetary pressures.

 

The Mayor stated that the Council was likely to experience tough times and tough decisions would need to be taken. At this moment in time, the Mayor indicated that the Council had not been informed about the amount of funding it would receive from central government.

 

The Mayor advised that, if a Council was to go bankrupt, the government would take over the management of Council funds and the government would decide which services to cut.

 

The Medium-Term Financial Plan report contained a list of suggestions for budget cuts, however all the measures contained in Appendix 2 to the report would be subject to public consultation.

 

The Mayor highlighted that the Council did not know at this point in time, how much it would need to save.

 

The Mayor acknowledged the presence at the meeting, of members of the Parents 4 Change group. He advised that he would listen to any questions that the group had, if they contacted him outside of the meeting.

 

Councillor M Storey commented on the reduction in government funding and urged the Mayor to make representations to the government regarding future funding.

 

Councillor Rathmell stated that he was concerned regarding proposed cuts to community safety as the Street Wardens provided support to vulnerable people and assisted in preventing crime.

 

Councillor Rooney referred to a Channel 5 programme which had reported that Middlesbrough was one of the most deprived towns in the country. Councillor Rooney urged the Mayor to approach the government with a balanced argument in relation to the Council’s funding requirements.

 

Councillor Rooney requested that a copy of the question from Parents 4 Change, which was submitted outside the timescale for submission of questions, from members of the public, be circulated to all councillors.

 

Councillor Blades stated that he would prefer that the increase in Council Tax to be no more than 2.99%.

 

Councillor Cooke expressed concern with regard to the number of proposed budget cuts in the Medium Term Financial Plan report that affected children, the youth service and the welfare strategy.

 

The Mayor emphasised that the proposals in Appendix 2 to the budget report were all subject to consultation, and following the consultation exercise, discussions would be held, and it was possible that some of the proposals could be removed from the list. The Mayor emphasised that if the council failed to agree a budget, the government could take over the management of Council funds and they could decide which services to cut.

The Chair invited Members to raise items for general discussion arising from the Information Booklet of Executive Member reports which detailed activities carried out within the respective Executive Member portfolios (Section 1), Executive decisions taken (Section 2) or to be taken where known, prior to and following the meeting (Sections 3 and 4).

 

Question in relation to report of Deputy Mayor and Executive Member for Children’s Services

 

The Chair advised that the first question was from Councillor Cooke to the Deputy Mayor and Executive Member for Children’s Services, who had submitted apologies for the meeting.

 

Councillor Cooke advised that he would like to read his question out at the meeting.

 

Councillor Cooke stated that regarding the recent Ofsted updates, there was no mention of the fact that the Council had lost the 2 most senior members of that department and he queried why there was no mention of it in the report. What impact had the departure of the two members of staff had and what was the Council doing to recruit to the 2 posts?

 

Comment in relation to report of Executive Member for Culture and Communities

 

The Chair advised that the second question was from Councillor Mawston to the Executive Member for Culture and Communities, who had submitted apologies for the meeting.

 

Councillor Mawston advised that he would like to read his comment out at the meeting.

 

Councillor Mawston referred to the recent visit to the Captain Cook Birthplace Museum from the Cook Island rugby league team in the recent World Cup competition. Councillor Mawston stated that the team were a fantastic group of visitors who were involved in everything and with everyone, and they were a credit to the Cook Islands. The visit had a positive impact in Middlesbrough. The Captain Cook Birthplace Trust had started work on the visit over 3 years ago. Councillor Mawston stated that he would like to thank the museum staff and the curator for their work in making the visit a success.

 

Questions in relation to report of Executive Member for Environment

 

Councillor C Hobson in relation to whether the Green Waste Collection service had changed to monthly collections.

 

In response to the question from Councillor C Hobson, the Executive Member for Environment advised that the website contained a calendar which detailed the dates of collection of green waste. Councillor Cooper advised that the collection dates were carried out in accordance with the information contained on the calendar, however, if anyone had an issue regarding an additional collection, they should get in touch, but it would only be carried out on an individual basis.

 

Councillor C Hobson advised that the collections were usually on a fortnightly basis, and she queried whether this would be the case in the future.

 

Councillor Cooper advised that he was unable to confirm that the collections would remain on a fortnightly basis as it would be dependent on the budget.

 

Councillor McCabe in relation to Flood Management and issues with the gully smart system.

 

In response  ...  view the full minutes text for item 22/55

The Vice-Chair of the Overview and Scrutiny Board presented 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.

 

The Chair invited members to note the report.

 

ORDERED that the report be noted.

The Elected Mayor and the Director of Finance submitted a report, the purpose of which was to provide an update to Council on the Council’s Medium Term Financial Plan (MTFP) and the current estimated budget gap for 2023/24.

 

The report also set out the proposed budget savings and other proposals, and the proposed Council Tax increase for 2023/24, and noted that, where required, those proposals would be subject to public consultation.

 

The Executive Member for Finance and Governance presented the report.

 

Councillors Bell, Cooke, Higgins and Rooney commented on the report. Councillor Cooke requested in relation to paragraph 70 of the report, that there should be consultation with political groups.

 

The Chair invited members to note the report.

 

It was ORDERED as follows:

 

That Council:

 

·                  Note the updated Medium Term Financial Plan position, and the potential budget gap of £10m to £20m in 2023/24, with £15m being the mid-case assessment.

 

·                 Note the following measures to contribute towards the potential budget gap in 2023/24, and notes that consultation would commence, where required, on 1 December 2022 and conclude on 23 January 2023:

 

•           the proposed budget savings and other proposals for the 2023/24 budget. These totalled £14.2m in the full year, of which £4.6m were deemed to potentially affect service delivery levels and would be subject to public consultation (as detailed in Appendix 2 to the report).

 

•           the proposed total Council Tax increase of 2.99% for 2023/24 (comprising of a 1.99% increase in general Council Tax and a 1% Adult Social Care Precept), subject to potential further review in light of the revised referendum limits announced in the Government’s Autumn Spending Review of 17 November 2022.

 

·                 That in relation to paragraph 70 of the report, political groups be included as part of the consultation process.

The Director of Regeneration and the Executive Member for Regeneration submitted a report, in respect of the Local Plan Scoping Report and Evidence Base.

 

The Mayor presented the report.

 

The Mayor advised, that in September this year, the Council decided to officially cease work on the emerging Local Plan and start work on a new Local Plan.

 

The first stage of preparing the new Local Plan was the Local Plan Scoping Report. This explained that the Council intended to prepare a new Local Plan for Middlesbrough, and that it would cover all planning matters except Minerals and Waste (which would continue to be dealt with jointly with the other Tees Valley authorities).

 

A public consultation would take place between 5th December 2022 and 31st January 2023 to notify statutory and general consultees of the intention to prepare a new Local Plan and invite representations on what it ought to contain. A Sustainability Appraisal Scoping Report had also been prepared and would be subject to consultation at the same time.

 

The Local Plan Scoping Report and the public consultation would ensure that the initial legal requirements for preparing a Local Plan were met.

 

In addition, the Council would undertake a ‘Call for Sites’ to run alongside the Local Plan Scoping Report consultation. Landowners and their agents would be asked to submit any available sites to the Council so their future development could be assessed.

 

Every response received during this consultation would be considered by the Council and used to help prepare the new Local Plan.

 

The Mayor requested that members approve the Local Plan Scoping Report.

 

Councillor Rathmell queried whether the timescale for consultation could be extended to 14 February 2023 given that part of the consultation period fell within the festive period.

 

The Mayor advised that the first stage in the Local Plan process was to agree the Local Plan Scoping Report. The details of the consultation period could be dealt with outside of the meeting.

 

The Chair of the Council advised that the report would in effect, give the Council permission to create a new Local Plan.

 

The Chair invited the Monitoring Officer to conduct a vote on the report.

 

Following a vote, it was ORDERED that the Local Plan Scoping Report be approved.

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.

There were no Members Questions submitted within the specified deadlines for this meeting.

Prior to consideration of Motion No. 155, Councillor Rathmell sought a point of clarification. He stated that at the previous Council meeting, he had proposed an administrative motion to proceed to the next item of business following questions raised by him, Councillor Saunders, Councillor McTigue and Councillor Hubbard. A response to those questions had not been received.

 

Councillor Rathmell stated that CIPFA had identified that the current Council Constitution was not fit for purpose and needed refreshing to make it accessible and user friendly.

 

Councillor Rathmell requested that the Chair exercise his right under Article 5 and Procedure Rule 1 of the Constitution to put the item on hold until responses to the previous questions that had been raised, had been received.

 

The Chair advised that he had given this matter some considerable thought. The motion was brought under the current Constitution, and it was likely that a new Constitution would not be available for some time. The motion had already been considered by the Council on two separate occasions, and in his view, it was appropriate for the matter to be dealt with at this meeting.

 

Councillor Rathmell clarified that the subject matter of the motion related to the 2018 Constitution which included the 6-month rule in relation to complaints, and he queried whether the Chair was willing to proceed with the motion. The Chair confirmed that he was willing to proceed with the motion.

 

Councillor Rooney clarified that CIPFA had not indicated that the Constitution was not fit for purpose, but that it did require improvement.

 

Consideration was given to Motion No. 155, moved by Councillor Mawston, and seconded by Councillor M Storey of which notice had been given in accordance with Council Procedure Rules No. 53-60 as follows:

 

Public Censure

 

A Standards Committee Meeting held on 11 May 2022 concluded that Councillor J McTigue, acting in her capacity as a member of Middlesbrough Borough Council (‘the Council’), had breached items 3.2, 3.5 and 3.12 of the Members Code of Conduct on social media posts on 28 November 2019 and on 23 December 2020, in that she did not respect others, conducted herself in a manner which was likely to bring the authority, office, or the Member into disrepute and did not use social media responsibly.

 

Following consideration of the Standards complaint, the Standards Committee in consultation with the Independent Person, ordered that a number of sanctions be imposed, one of which included that Councillor McTigue to be subject of a motion of public censure at the full Council meeting.

 

Cllr McTigue has also failed to comply with the other sanctions that were imposed by the Standards Committee at the hearing on the 11th May 2022, namely:

 

1. Councillor McTigue was to provide a written apology to the Council employee who was the subject of the complaint, by 6 July 2022, with a copy provided to the Standards Committee.

 

2. Councillor McTigue to receive one-to-one training on the appropriate use of social media and the Member/Officer Protocol, to  ...  view the full minutes text for item 22/61

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

The Mayor and the Chief Executive submitted a report, the purpose of which was to present the work of the Corporate Governance Improvement Board.

 

The Board was given the mandate to develop and agree a detailed improvement plan to drive the Council’s response to the issues identified by the Council’s external auditors EY and further investigated by CIPFA. It was the first in a series of reports to provide a summary of progress made since the last meeting. 

 

The Mayor presented the report.

 

ORDERED that Council note the detailed improvement plan and the progress made since information on the required corporate governance journey was last presented.

Council received a report which sought nominations for appointment, following resignations from Committees and vacancies that remained outstanding following the Annual meeting.

 

The report included a list of current vacancies on various committees and an outside body and nominations were put forward at the meeting by individual members.

 

ORDERED that the following vacancies allocated in accordance with the wishes of the political groups, be approved by Council:

 

Corporate Health and Safety Steering Group

1 Vacancy (initially for Labour) - Councillor Cooke appointed

 

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Ad hoc Scrutiny Panel

2 Vacancies (initially open to 1 MIG - Councillor Dodds appointed

Any MICA nominations for the 2nd vacancy? No nominations

Open to all Councillors – Councillor Mawston appointed

 

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Children and Young People’s Learning Scrutiny Panel

1 Vacancy (initially for Labour) No nominations received

If no Labour nominations – open to all Councillors – No nominations received

 

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Children and Young People’s Social Care and Services Scrutiny Panel

1 Vacancy open to all Members - No nominations received

 

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Economic Development Environment & infrastructure Scrutiny Panel

1 Vacancy on the panel open to all Members - Councillor Dodds appointed

 

Vacancy for Chair of Economic Development Environment & infrastructure Scrutiny Panel – Following a vote, Councillor Arundale appointed

 

Vacancy for Vice Chair of the Panel - Councillor Saunders appointed

 

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South Tees Health Scrutiny Committee

1 Vacancy (initially open to Independent Member) - No nominations received

If no Independent Member nominations – open to all Councillors – No nominations received

 

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Tees Valley Health Scrutiny Committee

1 Vacancy (initially for MICA/MIG Member) - No nominations received

If no nominations from MICA/MIG – open to all Councillors – No nominations received

 

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Licensing Committee

1 Vacancy (initially for MIG Member) 1 nomination: Councillor C Hobson appointed

 

 

 

VACANCIES ON OUTSIDE BODIES

 

Middlesbrough Environment City Trust

1 Vacancy for a MIG Member: 1 nomination: Councillor Dodds appointed

 

Tees Valley Audit and Governance Committee

1 Vacancy for a Labour Member substitute – 1 nomination – Councillor High appointed