Agenda and minutes

Council - Wednesday 20th September, 2023 6.00 pm

Venue: Baptist Tabernacle Auditorium, The Square, Stockton on Tees, TS18 1TE

Contact: Democratic Services Officer, Peter Bell 

Items
No. Item

COU/48/23

Welcome and Evacuation Procedure

Minutes:

The Worshipful the Mayor welcomed everyone to the meeting and outlined the arrangements for the meeting.

COU/49/23

Declarations of Interest

Minutes:

There were no declarations of interest.

COU/50/23

Minutes pdf icon PDF 83 KB

The minutes of the meetings held on 26 July 2023 for confirmation and signature.

Additional documents:

Minutes:

Consideration was given to the minutes of the meetings held on 26 July 2023.

 

RESOLVED that the minutes of the meeting held on 26 July 2023 be confirmed and signed as a correct record.

COU/51/23

Presentation of the Honorary Alderman of the Borough

The Worshipful the Mayor will award the Alderman Badge to:-

• Mohammed Javed

• Paul Kirton

• Jean O’Donnell

• Maurice Perry

• Mike Smith

Minutes:

The Worshipful the Mayor conferred the title of Honorary Alderman on the following five former Councillors who have given many years’ service to the Borough:-

 

Mohammed Javed,

Paul Kirton,

Jean O’Donnell,

Maurice Perry,

Mike Smith

 

The former Councillors signed the Honorary Alderman Roll and received the Alderman Medal, with a framed certificate.

COU/52/23

Public Question Time pdf icon PDF 106 KB

Members of the public may ask questions on matters for which

the Council has responsibility or which affect the Borough subject

to those questions having been submitted in accordance with

Rule 10.3 of the Council Procedure Rules

Minutes:

The following question was submitted by Jason Clark:-

 

”What date does the Council take ownership of the Globe and what will be the additional payment made to the current owners for the purchase?”

 

Response from the Leader of the Council (by way of written response in the absence of Jason Clark:-

 

“The lease for the Globe containing this information is a public document, it is available to view at Land Registry as it was a registerable lease. We have two opportunities to exercise the option to purchase, which will allow us to acquire the Globe on or around 31 March 2031 or 31 March 2056.

 

The purchase price is subject to a valuation. The original Globe title is £200,000, the adjoining property title which now forms part of the whole premises is an amount to be agreed or determined by an expert, but importantly disregarding the significant works and improvements in the calculation.”

COU/53/23

SBC Overview and Scrutiny - End-of-Term Report 2019-2023 pdf icon PDF 202 KB

Additional documents:

Minutes:

Consideration was given to the Stockton-on-Tees Borough Council (SBC) Overview and Scrutiny – End-of-Term Report that had been produced for the recently concluded four-year Council term (covering the period 2019-2023).

 

The latest statutory overview and scrutiny guidance highlighted the need to maintain a strong organisational culture, including regular engagement between the executive and scrutiny, and communication of scrutiny’s role and purpose to the wider Local Authority.

 

The report highlighted the work of the Council’s scrutiny function during the last four years and contained infographics which summarised each year’s work programme in detail (these infographics acted as each year’s Annual Report). Importantly, it also included examples of how the outcomes from Select Committee reviews had impacted upon future service provision.

 

The End-of-Term Report was considered by each Select Committee prior to the recent Local Government Elections, as well as the Council’s Executive Scrutiny Committee.

 

It was noted that review recommendations were made at a certain point in time, and naturally as the report covered a four-year period, a number of the issues covered had since developed further.

 

Aside from those relating to recently completed reviews, the majority of scrutiny recommendations from this period had been subject to monitoring by Select Committees and had been signed-off as complete.

 

Production of the End-of-Term Report and consideration by Cabinet and Council (20 September 2023) supported the aims of the statutory guidance. Consideration of the report by Council also fulfilled the requirements of the SBC Constitution.

 

As previously noted, all five of the Council’s Select Committees and the Executive Scrutiny Committee had considered the Overview and Scrutiny – End-of-Term Report 2019-2023 during March 2023. The report was also circulated to all SBC staff for information via the Keeping You in Touch (KYiT) weekly newsletter on 5 May 2023.

 

In addition, the report had been shared with the Centre for Governance and Scrutiny (CfGS) as an example of local overview and scrutiny activity. CfGS has recently contacted the Scrutiny Team with a view to using this as a case study for other Local Authorities.

 

RESOLVED that the report be noted.

COU/54/23

Extension of Terms of Office of Independent Persons pdf icon PDF 128 KB

Minutes:

Consideration was given to a report that provided Council with the recommendations from the Monitoring Officer to extend the terms of office of the existing Independent Persons.  

 

On the 29 January 2020 Council agreed to appoint Dr Stuart Green and Lyn Ryan as the Council’s new Independent Persons.

 

The Localism Act 2011 (the 2011 Act) required the Council appoint at least one Independent Person for the purposes of its arrangements for dealing with allegations of misconduct by local authority Members. 

 

In addition, the standing orders relating to disciplinary action against protected statutory officers (the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015) required Councils to establish Panels which had at least two Independent Persons (appointed pursuant to the Localism Act 2011) as Members.  If an Authority did not have two Independent Persons of its own, it would have to look to other Authorities for its Independent Person Panel members. 

 

Taking all of this into account it was recommended that the appointment of Dr Stuart Green and Lyn Ryan as Independent Persons be extended to 10th May 2027 (reflecting the terms of office of elected members).

 

RESOLVED that the terms of office of Dr Stuart Green and Lyn Ryan as Independent Persons be extended to 10th May 2027   

COU/55/23

Motion - The following motion has been submitted in accordance with Council Procedure Rule 3.40 by Cllr Norma Stephenson:-

"Stockton Borough Council, as an important consumer and
opinion leader, resolves, within the constraints of available
resources, to work with Stockton Fairtrade Borough
Partnership to research, develop, and support a strategy to
facilitate the promotion and purchase of foods with the
FAIRTRADE Mark as part of its commitment to sustainable
development and to give marginalised producers a fair deal.

To be recognised by the residents and the business community
of Stockton-on-Tees, suppliers, employees and other local
authorities, as a borough that actively supports and promotes
Fairtrade and to increase the sale of products with the
FAIRTRADE Mark.

Stockton Borough Council resolves to contribute to the
campaign to increase sales of products with the FAIRTRADE
Mark by striving to maintain Fairtrade status for the Borough of
Stockton-on-Tees as detailed in the Fairtrade Foundation’s
Fairtrade Towns Initiative.

Stockton Borough Council resolves to:-

• Continue to offer FAIRTRADE Marked food and drink options
at meetings where refreshment is offered.

• Continue to promote the Fairtrade Towns initiative, for
example, through articles in the council’s Stockton News and
KYIT.

• Seek ways to work with Stockton Fairtrade Borough
Partnership to encourage local retailers to provide Fairtrade
options for residents

• Seek ways to urge local business to offer Fairtrade options to
their staff and promote the FAIRTRADE Mark internally

• To support Stockton Fairtrade Borough Partnership in gaining
publicity for activities promoting Fairtrade in the borough as far
as possible.

• Note that responsibility for progression of the Fairtrade Town
initiative is within the portfolio of the Cabinet Member for
Access & Communities, working alongside the Fairtrade
Borough Partnership

• Support as far as possible events and publicity during
national Fairtrade Fortnight - the annual national campaign to
promote sales of products with the FAIRTRADE Mark."

Minutes:

The following motion had been submitted in accordance with Council Procedure Rule 3.40, moved by Councillor Norma Stephenson, seconded by Councillor Bob Cook:-

 

"Stockton Borough Council, as an important consumer and opinion leader, resolves, within the constraints of available resources, to work with Stockton Fairtrade Borough Partnership to research, develop, and support a strategy to facilitate the promotion and purchase of foods with the FAIRTRADE Mark as part of its commitment to sustainable development and to give marginalised producers a fair deal.

 

To be recognised by the residents and the business community of Stockton-on-Tees, suppliers, employees and other local authorities, as a borough that actively supports and promotes Fairtrade and to increase the sale of products with the FAIRTRADE Mark.

 

Stockton Borough Council resolves to contribute to the campaign to increase sales of products with the FAIRTRADE Mark by striving to maintain Fairtrade status for the Borough of Stockton-on-Tees as detailed in the Fairtrade Foundation’s Fairtrade Towns Initiative.

 

Stockton Borough Council resolves to:-

 

• Continue to offer FAIRTRADE Marked food and drink options at meetings where refreshment is offered.

 

• Continue to promote the Fairtrade Towns initiative, for example, through articles in the council’s Stockton News and KYIT.

 

• Seek ways to work with Stockton Fairtrade Borough Partnership to encourage local retailers to provide Fairtrade options for residents

 

• Seek ways to urge local business to offer Fairtrade options to their staff and promote the FAIRTRADE Mark internally

 

• To support Stockton Fairtrade Borough Partnership in gaining publicity for activities promoting Fairtrade in the borough as far as possible.

 

• Note that responsibility for progression of the Fairtrade Town initiative is within the portfolio of the Cabinet Member for Access & Communities, working alongside the Fairtrade Borough Partnership

 

• Support as far as possible events and publicity during national Fairtrade Fortnight - the annual national campaign to promote sales of products with the FAIRTRADE Mark."

 

At this point a vote took place and the motion was unanimously carried.

COU/56/23

Motion - The following motion has been submitted in accordance with Council Procedure Rule 3.40 by Cllr Niall Innes:-

“Following the recent Local Elections and the changes it has brought, this motion seeks to remove the current leader

of the Council, Cllr Bob Cook, and elect Cllr Tony Riordan as the new leader of Stockton Borough Council at tonight’s

meeting. This is so that we can move forward respecting the democratic choice of the electorate in Stockton-on-Tees,

where The Conservative Group are now the largest group in the Council receiving 43% of the overall votes compared

to Labours low standing of 34%.”

Minutes:

The following motion had been submitted in accordance with Council Procedure Rule 3.40 by Councillor Niall Innes:-

 

“Following the recent Local Elections and the changes it has brought, this motion seeks to remove the current leader of the Council, Cllr Bob Cook, and elect Cllr Tony Riordan as the new leader of Stockton Borough Council at tonight’s meeting. This is so that we can move forward respecting the democratic choice of the electorate in Stockton-on-Tees, where The Conservative Group are now the largest group in the Council receiving 43% of the overall votes compared to Labours low standing of 34%.”

 

Councillor Niall Innes informed the meeting that he was moving a motion to withdraw his motion, this was seconded by Councillor Lynn Hall.

 

A vote took place and the motion to withdraw the original motion submitted by Councillor Niall Innes was not carried.

 

Councillor Niall Innes informed the meeting that he would not be moving his original motion.

 

The Worshipful the Mayor asked the meeting if any other Member would like to move the original motion that had been submitted by Councillor Niall Innes.

 

Moved by Councillor Paul Rowling, seconded by Councillor Eileen Johnson that the original motion submitted by Councillor Niall Innes be heard as follows:-

 

“Following the recent Local Elections and the changes it has brought, this motion seeks to remove the current leader of the Council, Cllr Bob Cook, and elect Cllr Tony Riordan as the new leader of Stockton Borough Council at tonight’s meeting. This is so that we can move forward respecting the democratic choice of the electorate in Stockton-on-Tees, where The Conservative Group are now the largest group in the Council receiving 43% of the overall votes compared to Labours low standing of 34%.”

 

Following a debate, a vote took place.

 

The motion was not carried.

COU/57/23

Motion - The following motion has been submitted in accordance with Council Procedure Rule 3.40 by Cllr Tony Riordan:-

“The Cabinet recently considered the Vibrant and Thriving Town Centres - Regeneration Update Report and made

the decision recommending the development of a Masterplan and Business Case for the development of Teesdale

Business Park, and the adjacent Marshalling Yards, based around a potential Social Care & Health Zone.

 

The Regeneration Report submitted to inform that decision highlights the exceptional opportunity to bring together a

strategy for both sites, which could see a nationally significant regeneration scheme focused around key sector

growth to develop a Health and Social Care Zone, with potential for: integrated training and health facilities, business

incubation, research, and development.

 

The potential for these important sites should not be underestimated, and the development of a Masterplan and

Business Case should, to support the initial vision for a Social Care and Health Zone, go further to include a new

state of art hospital that is so desperately needed in Stockton-on-Tees.

 

North Tees Hospital trust has estimated that it will potentially spend up to £300 million, just to maintain the building in

the 8 years of useful life it has left.

 

Infrastructure plays a critical role in supporting local communities and the local economy. Planning and financing it

correctly to maximise the area(s) potential are the keys to success in enabling our residents to access new health

care facilities, education, skills, and employment opportunities.

 

The nature of any proposed infrastructure project and ownership of the land/property is also important in securing

investor interest. If the infrastructure project is clearly linked to a local policy or strategy, supports strategic sites, or

enables significant transformation of the economy – this gives the proposition a lot more credibility. A willingness to

co-invest by Stockton Borough Council signals serious commitment.

 

To achieve this, Stockton Borough Council resolves,

 

1. To invite Tees Valley Mayor Ben Houchen, and the expertise of the Tees Valley Combined Authority, in assisting

to formulate the Masterplan and Business Case Development for the Teesdale Business Park and Marshalling Yard

sites.

 

2. To invite external investors and developers with a proven track record of urban regeneration to participate in the

preparation of the Master Plan and Business Case Development, and final development of the sites.

 

3. To invite North Tees and Hartlepool NHS Foundation Trust to work with this Council in formulating through their

expertise the Masterplan and Business Case development for the Teesdale Business Park and Marshalling Yard

sites.

 

4. To invite the local education sector, in particular the local universities to collaborate with this Council in

formulating the Masterplan and Business Case Development for the Teesdale Business Park and Marshalling Yard

sites.

 

5. To invite the Members of Parliament for Stockton South and North to promote and lobby the Government to

follow up on the health care investment already made in the planned Community Diagnostic Centre in Stockton-on-

Tees, by recognising further the significant savings to the public purse by investing in a new state of the art hospital

on the sites, rather than spending £300 million on a hospital  ...  view the full agenda text for item COU/57/23

Minutes:

The following motion had been submitted in accordance with Council Procedure Rule 3.40, moved by Councillor Tony Riordan, seconded by Councillor Niall Innes:-

 

“The Cabinet recently considered the Vibrant and Thriving Town Centres - Regeneration Update Report and made the decision recommending the development of a Masterplan and Business Case for the development of Teesdale Business Park, and the adjacent Marshalling Yards, based around a potential Social Care & Health Zone.

 

The Regeneration Report submitted to inform that decision highlights the exceptional opportunity to bring together a strategy for both sites, which could see a nationally significant regeneration scheme focused around key sector growth to develop a Health and Social Care Zone, with potential for: integrated training and health facilities, business incubation, research, and development.

 

The potential for these important sites should not be underestimated, and the development of a Masterplan and Business Case should, to support the initial vision for a Social Care and Health Zone, go further to include a new state of art hospital that is so desperately needed in Stockton-on-Tees.

 

North Tees Hospital trust has estimated that it will potentially spend up to £300 million, just to maintain the building in the 8 years of useful life it has left.

 

Infrastructure plays a critical role in supporting local communities and the local economy. Planning and financing it correctly to maximise the area(s) potential are the keys to success in enabling our residents to access new health care facilities, education, skills, and employment opportunities.

 

The nature of any proposed infrastructure project and ownership of the land/property is also important in securing investor interest. If the infrastructure project is clearly linked to a local policy or strategy, supports strategic sites, or enables significant transformation of the economy – this gives the proposition a lot more credibility. A willingness to co-invest by Stockton Borough Council signals serious commitment.

 

To achieve this, Stockton Borough Council resolves,

 

1.    To invite Tees Valley Mayor Ben Houchen, and the expertise of the Tees Valley Combined Authority, in assisting to formulate the Masterplan and Business Case Development for the Teesdale Business Park and Marshalling Yard sites.

 

2.    To invite external investors and developers with a proven track record of urban regeneration to participate in the preparation of the Master Plan and Business Case Development, and final development of the sites.

 

3.    To invite North Tees and Hartlepool NHS Foundation Trust to work with this Council in formulating through their expertise the Masterplan and Business Case development for the Teesdale Business Park and Marshalling Yard sites.

 

4.    To invite the local education sector, in particular the local universities to collaborate with this Council in formulating the Masterplan and Business Case Development for the Teesdale Business Park and Marshalling Yard sites.

 

5.    To invite the Members of Parliament for Stockton South and North to promote and lobby the Government to follow up on the health care investment already made in the planned Community Diagnostic Centre in Stockton-on-Tees, by recognising further the significant savings to the public purse  ...  view the full minutes text for item COU/57/23

COU/58/23

Motion - The following motion has been submitted in accordance with Council Procedure Rule 3.40 by Cllr Tony Riordan:-

“Change to Constitution

 

Call-in provides a mechanism for councillors to intervene when they feel that a decision being made by the executive

needs to be revisited (or possibly changed). The use of call-in can also be seen to be embarrassing and frustrating to

a local authority and its leadership. However, it provides a key check and balance in the leader/cabinet system of

governance – a long-stop that, in theory, prevents the overweening exercise of power by Cabinet. It should, however,

be regarded as a measure that is only needed in exceptional circumstances, rather than day-to-day.

 

Paragraph 1.35, Council Constitution.

 

Decisions of Stockton Borough Council will usually be made in accordance with the following principles:

• proportionality (i.e., the action must be proportionate to the desired outcome).

• due consultation and the taking of professional advice from Officers.

• respect for human rights and equality of opportunity.

• a presumption in favour of openness.

• clarity of aims and desired outcomes; and

• an explanation of what options have been considered and giving the reasons for decisions.

 

This motion is aimed at improving the principles, ensuring that call-in is still used in exceptional circumstances, but

not making it almost impossible, as it is at present.

 

There can be a perception among members that call-in can be used to reverse a decision. It is important to

emphasise that this is not the case. More often the challenge is on the quality of the information provided and

accessed by the decision maker to arrive at what should be a robust and evidence-based decision.

Stockton Borough resolves to amend the Constitution by inserting the following at paragraph 1.35,

 

• relevant matters have not been ignored,

• clarity and explanation of information provided,

• the merits of the decision,

Minutes:

The following motion had been submitted in accordance with Council Procedure Rule 3.40, moved by Councillor Tony Riordan, seconded by Councillor Niall Innes:-

 

“Change to Constitution

 

Call-in provides a mechanism for councillors to intervene when they feel that a decision being made by the executive needs to be revisited (or possibly changed). The use of call-in can also be seen to be embarrassing and frustrating to a local authority and its leadership. However, it provides a key check and balance in the leader/cabinet system of governance – a long-stop that, in theory, prevents the overweening exercise of power by Cabinet. It should, however, be regarded as a measure that is only needed in exceptional circumstances, rather than day-to-day.

 

Paragraph 1.35, Council Constitution.

 

Decisions of Stockton Borough Council will usually be made in accordance with the following principles:

• proportionality (i.e., the action must be proportionate to the desired outcome).

• due consultation and the taking of professional advice from Officers.

• respect for human rights and equality of opportunity.

• a presumption in favour of openness.

• clarity of aims and desired outcomes; and

• an explanation of what options have been considered and giving the reasons for decisions.

 

This motion is aimed at improving the principles, ensuring that call-in is still used in exceptional circumstances, but not making it almost impossible, as it is at present.

 

There can be a perception among members that call-in can be used to reverse a decision. It is important to emphasise that this is not the case. More often the challenge is on the quality of the information provided and

accessed by the decision maker to arrive at what should be a robust and evidence-based decision.

 

Stockton Borough resolves to amend the Constitution by inserting the following at paragraph 1.35,

 

• relevant matters have not been ignored,

• clarity and explanation of information provided,

• the merits of the decision,

 

Moved by Councillor Niall Innes, seconded by Councillor Lynn Hall that the substantive motion be amended as follows:-

 

“Change to Constitution

 

Call-in provides a mechanism for councillors to intervene when they feel that a decision being made by the executive needs to be revisited (or possibly changed). The use of call-in can also be seen to be embarrassing and frustrating to a local authority and its leadership. However, it provides a key check and balance in the leader/cabinet system of governance – a long-stop that, in theory, prevents the overweening exercise of power by Cabinet. It should, however, be regarded as a measure that is only needed in exceptional circumstances, rather than day-to-day.

 

Paragraph 1.35, Council Constitution.

 

Decisions of Stockton Borough Council will usually be made in accordance with the following principles:

• proportionality (i.e., the action must be proportionate to the desired outcome).

• due consultation and the taking of professional advice from Officers.

• respect for human rights and equality of opportunity.

• a presumption in favour of openness.

• clarity of aims and desired outcomes; and

• an explanation of  ...  view the full minutes text for item COU/58/23

COU/59/23

Members' Question Time pdf icon PDF 109 KB

Additional documents:

Minutes:

The following question had been submitted by Councillor Niall Innes for response by the Cabinet Member for Access, Communities & Community Safety (Councillor Norma Stephenson OBE):-

 

“Can the Leader inform us what this Council is doing to tackle excessive fly-tipping in the Borough?”

 

The Cabinet Member for Access, Communities & Community Safety responded with:-

 

“Stockton Borough Council has a proactive enforcement service that takes action on environmental crime and fly tipping, a crime that can impact residents’ feelings of safety and vulnerability to crime. Fly tipping costs local authorities millions of pounds each year to remove but it also has a detrimental impact on both our community and environment, residents are encouraged to help us tackle the problem and there is an easy online reporting system, and also methods to report via housing providers.

 

Enforcement Officers have powers to issue fines and prosecutions against members of the public and irresponsible waste carriers who do not comply with legislation and who blight local communities with inconsiderate fly tipping. Case Management Officers are due to embark on additional training to enhance their investigative skills and improve prosecution quality so the worst and most prolific offenders can be brought to justice. £23k Government funding has been secured in order to purchase equipment such as covert cameras, environmental measures and IT equipment to target those areas most at risk from fly tipping and now, a new initiative, named Operation Grant has begun in Port Clarence to address the issues there. The intention is to target other areas at increased risk of fly tipping in due course. Enforcement Officers patrol fly tipping hot spot areas daily, and waste accumulations are reported to colleagues in Care For Your Area, so that swift clean up action can be taken.

 

Enforcement and Case Management Officers regularly run Community Action Days with partners from Thirteen, CFYA Cleveland Fire Brigade and Police. The most recent was on 5th September, and community skips were used to encourage responsible waste disposal. Officers were on hand to educate and to explain to residents the hazards of dumping unsanitary and often combustible waste, the environmental and community impacts and what the likely penalties could be under legislation, fly tipping is a criminal offence and can leave you subject to a fine of an unlimited amount and imprisonment of up to 5 year.

 

Local residents in identified Hot Spot areas are sent letters explaining the impacts, and the consequences of fly tipping and irresponsible waste disposal. While I understand that fly tipping is a year-round problem and requires a rounded partnership approach, as we enter Autumn, Bonfire season is fast approaching, and fly tipping creates potential sources for people setting deliberate fires which creates an added strain on Emergency Services. I am confident that there is a strong partnership approach to tackle fly tipping and that Community Safety, CFYA and our partners in Cleveland Fire Brigade and the Police have plans in place to mitigate the consequences of fly tipping and waste accumulation, and that our teams  ...  view the full minutes text for item COU/59/23

COU/60/23

Forward Plan and Leader’s Statement

Minutes:

The Leader of the Council gave his Forward Plan and Leaders Statement.

 

Council last met on the 26 July 2024. The Leader of the Council hoped Members had had a good summer break. Cabinet met on 18 September 2024 and considered the following matters:

 

• A Financial Update and Medium-Term Financial Plan (Quarter 1 2023/2024) report .

• The chair of executive scrutiny presented the Overview and Scrutiny - End-of-Term Report 2019-2023

• The Local Government & Social Care Ombudsman - Local Authority Report for Stockton-on-Tees for 2022/23

• Appointment to an Outside Body - Teesside International Airport Board limited

• Local authority governor Appointments

• Early Years Childcare Sufficiency Assessment

 

Cabinet would meet on the 12 October and then the 16 November before Council met again.  October Cabinet was scheduled to consider:

 

• Update on the Care and Health Zone

• Customer Service Excellence Compliance

• Tees Valley Music Hub

• School Performance 2022-23

• Selective Licensing of Private Rented Housing

• Private Hire and Hackney Carriage Licensing Interim Policy Review 2023

• Council Plan Update

 

After that the Leader of the Council looked forward to seeing Members at the next full Council meeting on the 22 November 2024. 

 

The Leader of the Council reminded Members of the Festival of Thrift taking place in Billingham. There was also libraries week taking place from Monday 2nd October, a chance to experience the Borough’s great libraries. There would also be remembrance events across the Borough on Remembrance Sunday.