Notice is hereby given that an ORDINARY MEETING of the COUNCIL of the BOROUGH OF BERWICK-UPON-TWEED will be held within the Council Chamber of the Town Hall, Berwick-upon-Tweed on THURSDAY, 29TH JULY 2004 at 6.00pm.
All Members of the Council are hereby summoned to attend for the purpose of considering and resolving upon the business to be transacted as set out hereunder.
JANE PANNELL
Chief Executive
21st July 2004
To: All Members of the COUNCIL
AGENDA
1 DECLARATION OF INTEREST
Members are invited to declare any interest they may have in any of the items included on the Summons for this Meeting.
[Note: Any Member wishing to seek clarification as to whether it may be appropriate to declare an interest in respect of any item on this Summons should seek advice from the Chief Executive or Borough Solicitor at least one working day before the Meeting].
2 To receive the Minutes of the Ordinary Meeting of Council held on 24th June 2004, Minutes 117 – 134, and pages 1 – 5.
3 To receive such communications or announcements as the Mayor may desire to lay before the Council.
4 COMPREHENSIVE PERFORMANCE ASSESSMENT (CPA) IMPROVEMENT PLAN
This report outlines progress, since June’s Council meeting, on the Council’s response to the Comprehensive Performance Assessment report and further proposes some ways forward.
Report:
Members will recall that, at the June meeting of Council, a Steering Group consisting Group Leaders or their nominees and Corporate Team was established to begin to move forward.
Since that time, and following detailed discussions with Pat Thynne, the ODPM lead officer, the Steering Group has met and has agreed the formation of a Project Team to drive forward and co-ordinate the Improvement Progress. Agreement has been reached that the Capacity Building Fund will support backfilling the post of the Project Lead Officer – in this case the Senior Democratic Services Officer – through an interim management solution. Key skill requirements have been identified together with officers in the Council’s employ who have those skills and are willing and able to apply them to this task.
The team has already undertaken some work in identifying the key themes which will form the backbone of our Improvement Plan and a copy will be tabled at this meeting of Council. The ODPM will need to see this document by the end of July, hence the paper being tabled. A second early task will be to identify the time available and those other tasks which will not be undertaken, or will be undertaken less robustly as the result of involvement in this team.
The Steering Group has agreed its methods of operation and all those involved are committed to regular attendance. It has also agreed that there should be reports to every meeting of Council on the progress being made. From the date of this meeting, as the ingredients of the Improvement Plan exceed those identified through the CPA report, the title of submission will be “The Council Improvement Plan”.
Other measures that have been agreed include:
• attendance by three senior Members on the IDeA Leadership Academy
• peer mentors for key Members and the Chief Executive
• a facilitated workshop for both the Steering Group and the Project Team
• training in project management for smaller organisations for Project Team members
As the Improvement Plan develops – and Members can expect a more detailed and development version for the next Council meeting – it is likely that other needs will emerge and as an authority judged to be weak, we are able to make subsequent applications as necessary.
Implications:
None arising directly from this report
Recommendations: (i) To note the contents of this report; (ii) to expect regular reports on progress at every meeting of Council; and (iii) to adopt the outline Improvement Plan tabled at this meeting.
• Options for second question on referendum ballot paper announced
• Draft Bill on powers and responsibilities of an Elected Regional Assembly likely to be published shortly
Purpose:
To update Members on the current situation regarding proposals for an Elected Regional Assembly.
Report:
Members will recall that a series of reports have been submitted to Council over the past two years concerning the Government’s proposals to hold a referendum on an Elected Regional Assembly. At the same time, on the premise that there should be no additional administrative tier, the government decided that for areas where there are two tiers of local government, there should be a second question on the ballot paper about which form of unitary government people would prefer. Government has been clear that, at this stage, if there is a vote against an Elected Regional Assembly, then there will be no change to local government. The Office of the Deputy Prime Minister has now announced that the referendum will be held on the 4th November 2004. Arrangements for the referendum are already being made by the Electoral Commission and relevant officers are keeping up to date with them. This will be an all postal ballot, but with lesser requirements for confirmation of identity than in the recent European Elections.
The Boundary Committee has been working and consulting on recommendations to the Office of the Deputy Prime Minister on the possible shapes that unitary authorities might take. This Council has been working closely with other districts in Northumberland to submit proposals and support those which offer more local services under the strap line “Local Services for Local People”. Districts in County Durham have taken a similar approach. The Office of the Deputy Prime Minister has now announced that the options to be included on the ballot paper on unitary local government will be the same as those recommended by the Boundary Committee, i.e.
(a) two unitary authorities encompassing:
- the urban south east of Northumberland (currently Blyth Valley and Wansbeck council areas), and,
- the rural district areas of Northumberland (currently Alnwick, Berwick-upon-Tweed, Castle Morpeth and Tynedale)
(a) one unitary authority covering the whole of Northumberland
Members should note that if there were to be a vote for an Elected Regional Assembly and then for a single unitary authority for Northumberland, we understand that the existing County Council would cease to exist and there would be a newly created unitary council which would shadow the existing Council for a 12 month period – along the same lines as the arrangements for two unitary authorities. The Office of the Deputy Prime Minister has also confirmed that the creation of unitary councils will require primary legislation.
What is not yet clear is precisely what powers an Elected Regional Assembly would enjoy. The White Paper was indicative, but there have been representations suggesting that the powers and authority should be increased. However, until the Government publishes its Bill, we will not be clear on the direction it intends for the potential bodies. Even then legislation has a habit of being changed during its Parliamentary progress and it is likely that the electorate will be balloted on proposals rather than certainty. By the time of this meeting, it might be that the Bill will have been published and an oral update on its principal contents will be given at the meeting.
Implications:
Financial:
It has been reported in the media that each Council can spend up to £10,000 in informing the electorate about proposals. At this stage, there is no clarity about how money might be spent and no proposals are put forward here. If there is a subsequent need to look at spending then a further report will be submitted or an oral update provided at Council. No additional funding from central sources is available to local authorities, although £100,000 is to be made available to “Yes” and “No” recognised campaign groups.
Recommendation: To note the contents of this report.
6 DELEGATIONS OF ENVIRONMENTAL HEALTH AND ENFORCEMENT UNIT
Report Author: Rose Mary Byrne, Environmental Health Officer, (01289) 301827, email rmb@berwick-upon-tweed.gov.uk
Summary:
• Officers must be authorised to deal with the illegal import of food
• Some legislation has recently been updated
• An amended scheme of delegations for the Unit is presented for approval.
Purpose:
To seek the agreement of Members for a revised scheme of delegations for the Environmental Health and Enforcement Unit.
Report:
Members will be aware that schemes of delegations are presented to the first meeting of each committee at the start of the administrative year.
*** Prior to presentation officers seek to ensure that the scheme is accurate and comprehensive and to make any necessary amendments. Some of the imported food legislation has recently been updated and brought into force. An amended Scheme of delegations is attached for approval.
Implications
Crime and Disorder:
The proposed scheme of delegations is intended to provide a sound legal framework for enforcement activity which is comprehensive and able to withstand challenges during legal proceedings.
Best Practice:
Examination of schemes operated by other authorities were undertaken and elements of good practice used in the development of this scheme.
Financial/Legal/Personnel:
There are no legal or personnel implications. The legal implications of the proposed scheme are contained within the report.
Recommendation: To approve the proposed scheme of delegations enclosed with this report.
7 2003/04 DRAFT ACCOUNTS
Report Author: Richard Dell, Head of Accountancy and Audit, tel (01289) 301730, email rd@berwick-upon-tweed.gov.uk
Summary:
• A copy of 2003/04 draft Accounts is attached
• Timetable has changed for publication
• Impact of pension legislation shown
Purpose:
To consider the draft accounts and approve them subject to audit.
Report:
*** The Audit Commission require the Council’s to publish its draft accounts for 2003/04 by the end of August and publish its final accounts by the end of November. The timetable will be advancing yet further in future years.
The accounts are considered complete except for a possible revaluation to housing assets as at 31 March 2004 to be provided by the Valuation Agency. Members will recall that the scope of the accounts was qualified in 2002/03 due to a lack of revaluation of non-housing assets within five years. This work has now been completed. The outstanding revaluation of housing assets is a “desk-top” re-valuation of 10% of the stock which is good practice in between the five-year major revaluation.
There is now a requirement to show a Pensions Reserve in the accounts which represents the Authority’s share of the net liability. This is a deficit of £4.17m as at 31 March 2004 (£5.38,m as at 31 March 2003). These accounting adjustments do not impact on Council Tax directly. However, Members have been advised in a report to Policy (Corporate Services and Regeneration) Committee of 28 July of a significant likely increase to employer pension contributions from 1 April 2005 and this will impact directly on Council Tax.
Any material changes to the accounts will be reported back to Council before formal agreement to the final accounts.
Implications:
None directly
Recommendation: To approve the draft accounts for 2003/04 which will then be subject to external audit.
• To consider whether to change the Council’s political structure to a cabinet model
• Sets out details of the process
• Advises on type of executive the Council might adopt and the role it would have
• Clarifies consequences for other non-executive functions and the role of Officers
Purpose:
To consider whether to authorise the Review of Constitution Working Group to consider proposals for a change to the political structure of the Council.
Report:
Members will be aware that from May 2002 this Council has operated, under the Local Government Act 2000, an ‘alternative arrangements’ political structure, otherwise known as the ‘fourth option’ or a streamlined committee system in preference to the three principal executive forms of political structure available under the Act.
Some Members have indicated that this form of political structure has failed to satisfy the criteria of economy, effectiveness and efficiency required of any political structure under the Act.
The issue was considered at the Group Leaders forum on the 23rd June 2004 where it was agreed that a proposal be put to Council that the Review of Constitution Working Group be charged with considering the relative merits of a change in the Council’s political structure and with making its recommendations to Council in due course.
The Process
Under the Local Government Act 2000 where a local authority are operating alternative arrangements they may change their structure, or move to what is known under the Act as ‘executive arrangements’, subject to the following process:-
(i) they must draw up proposals for the operation of executive arrangements and send a copy of the proposals to the Secretary of State
(ii) before drawing up the proposals under (i), a local authority must take reasonable steps to consult their electors and other interested persons
(iii) in drawing up proposals, a local authority must decide
(a) which form the executive is to take and
(b) the extent to which certain named functions are to be the responsibility of the executive
(iv) again in drawing up the proposals, a local authority must consider the extent to which the proposals, if implemented, are likely to assist in securing continuous improvements in the way the authority’s functions are exercised, having regard to a combination of economy, efficiency and effectiveness
(v) the proposals must include, amongst other issues,
(a) a timetable with respect to the implementation of the proposals and
(b) details of any transitional arrangements which are necessary for the implementation of the proposals
The type of executive arrangement
As a local authority may not hold more than one referendum in any period of five years and as two of the three forms of executive arrangements, ie Mayor with Cabinet and Mayor with Council Manager, require a referendum to be held it is clear that this Council may only adopt and operate a Leader with Cabinet executive up to 2006 after which time a further referendum could be held, the previous referendum having been held in June 2001.
Role of the executive
Government guidance recommends that the executive and its members undertake leadership roles and will need to
- lead the community planning process and the search for continuous improvement under CPA and Best Value, with input and advice from Overview and Scrutiny committee(s), area committee(s) and any other persons as appropriate
- lead the preparation of the local authority’s policies and budget
- take in-year decisions on resources and priorities, together with other stakeholders and partners in the local community, to deliver and implement the budget and policies decided by the full Council, and
- be the focus for forming partnerships with other local public, private, voluntary and community sector organisations to address local needs.
Executive members are likely to hold portfolios which may be of a broad thematic nature to ensure executive capacity for tackling cross-cutting issues. Executive members may be delegated individual decision making powers or may make decisions as a group.
It is for a local authority to set out how the arrangements for the appointment to the cabinet should work. Broadly, there are two alternatives:
- where the cabinet is appointed by the executive leader and the executive leader determines the scheme of delegations; and
- where the cabinet is appointed by the full Council and the Council determines the scheme of delegations
In both cases the executive must consist of not fewer than three and not more than ten Councillors (including the Leader). It need not be politically balanced.
Decision making under an executive arrangement
As with the alternative arrangements model, the principal aims of executive arrangements should be to make decision making more efficient, transparent and accountable so that local authorities can be more open and responsive to the needs and aspirations of the communities they serve.
Unlike the present political structure where all Policy Committee meetings are held in public unless exempt and/or confidential information is being considered, meetings of an executive may take place in private. However, to underpin the principles of greater accountability and transparency, regulations require certain business to be considered in public and, in particular, an executive is required to set out its programme of work in the coming four months, as far as it is known, in a forward plan to be made publicly available. This forward plan, which will need to be updated each month on a rolling basis will have to set out:
- a short description of matters under consideration and when key decisions are expected to be taken
- who is responsible for taking the decisions and how they can be contacted
- what relevant reports and background papers are available; and
- how and when the decision maker intends to involve local stakeholders in the decision making process.
Key decisions, broadly speaking, are those which may have significant effects within the community or on interests outside the local authority or which may result in significant expenditure being incurred, or savings made, by the authority.
Local authorities are able to set their own thresholds in relation to expenditure and savings which are to be considered as significant.
The regulations require key decisions which are to be taken collectively, and other issues in relation to the forward plan, to be considered in public.
Other non-executive functions
The authority will still be required to carry out its other non-executive functions through its various Committees such as Planning, Licensing, Standards and, of course, Overview and Scrutiny. With regard to the latter function an opportunity might be taken to reconsider how this might be better carried out under an executive political structure. It will also be possible, if considered desirable, to continue with the authority’s one area committee, Town Committee. Otherwise the areas of responsibility which presently lie with the Council’s two Policy Committees should, unless otherwise determined by the Council in drawing up any proposals for a change to its political structure, transfer to the executive.
Officers’ roles under executive arrangements
Government guidance advises that officers should continue to be responsible for day-to-day managerial and operational decisions within the local authority and should provide support to both the executive and all Councillors in their several roles.
Implications:
Best Value/Best Practice
These are set out in the main body of the report.
Personnel/Financial/Legal
Considerable Member and Officer time will need to be devoted to carrying out the consultation required should a decision be taken to draw up proposals for a change to the Council’s political structure. In addition, further Officer and Member time will be taken up in drawing up any new Constitution. Other work is bound to be affected and it may be that other coporate work undertaken with the Legal and Democratic Services Unit will either need to be reprioritised or transferred elsewhere in the authority. There may also be the possibility of outsourcing some general legal work but finances would need to be found for this option
Considerable resources will also need to be expended in training Members in any new roles as members of an executive. Further training will be required for Officers to enable them to adapt to any new political structure.
Recommendation: To consider whether to authorise the Review of Constitution Working Group to consider proposals for a change to the political structure
9 VISIT BY THE CIVIC PARTY TO BERWICK PENNSYLVANIA
• To approve the taking of the robes and chains to Berwick, Pennsylvania.
• To approve the Sergeant-at-Mace accompanying the Civic Party at the Council’s expense.
Purpose:
To inform Members of the Civic Party’s visit to Berwick, Pennsylvania and to seek their approval for taking the Civic robes and chains to America.
Report:
The link with Berwick, Pennsylvania was not originally a formal twinning arrangement. It has however existed for nearly 70 years being first established during the town’s sesquicentennial celebrations in 1936 when the Mayor, Sheriff and Sergeant-at-Mace visited Berwick, Pennsylvania. A further visit by the Sheriff of Berwick-upon-Tweed and his Lady in 1961 was made during the 175th Anniversary Celebrations at the Pennsylvania town’s invitation.
As a result of the Sheriff’s visit during the mid-1960s a pupil exchange scheme was inaugurated with a girl pupil attending the Grammar school here while a boy pupil attended the High School in Berwick, Pennsylvania. It lasted for one school year’s duration 1963/64.
In 1986, the Civic Party and Chief Executive participated in the town’s Bicentennial celebrations. At that time the robes and chains and the Sergeant-at-Mace accompanied the Civic Party.
During a visit in 1998, the twinning link was formally established when the then Mayor, Councillor J F Hills and the Mayor of Berwick, Pennsylvania at last formalised the twinning links and on the 28th October 1998 signed the official twinning document.
The current Civic Party have been invited to visit our twin town, Berwick, Pennsylvania, from the 10th September to 17th September 2004. Whilst in Berwick PA, the Mayor hopes to host a fundraising event in aid of charity and requests permission to take the robes and chains as he feels this may boost the charitable donations. If permission is granted to take the robes and chains it is requested that the Sergeant-at-Mace accompany the Civic Party to ensure their safekeeping.
Implications:
Financial/Legal/Personnel:
At the Meeting of Council on 18th December, it was resolved “To agree that the Mayor’s official expenses be payable in respect of twinning visits made to any of the Borough’s twin towns” . All expenses, including insurance for the robes and chains will come from the Mayoral budget.
The Sergeant-at-Mace is employed by the Council and is not required when the Civic Party are not attending events.
Insurance cover in the sum of £305.31 plus insurance premium tax (approximately £15), subject to £100 excess for each and every claim, will be required for the robes and chains. This includes transit cover, provided property to be suitably secured and packaged during transit (all chains must be carried as hand luggage). Property must be securely stored in a safe when not in use. The total amount of cover will be £109,041.
During the visit in 1986 the Council paid the Sergeant-at-Mace’s expenses.
Recommendations: (i) To seek Members’ approval for the robes and chains to be taking to Berwick, PA for the Civic Party’s visit from 10th to 18th September; and (ii) to request approval that the Sergeant-at-Mace, accompany the Civic Party at the Council’s expense.
Reference: Minute 498:03/04 refers
10 BORDER CROSSING AT LAMBERTON TOLL : DISPLAY OF NATIONAL FLAG
Report Author: David Cook, Borough Secretary, (01289) 301716, email dc@berwick-upon-tweed.gov.uk
Summary:
• Scottish Borders Council have asked whether the Council wishes to display the St. George’s Cross on one of the two flag poles located at the Border crossing at Lamberton Toll
• Both flag poles are currently in the ownership of Scottish Borders Council
• Flags currently include the Saltire and the Union Jack – Scottish Borders Council have intimated that they would be happy for the Union Jack to be replaced with the national flag of England.
Purpose:
To seek the view of the Council on the invitation from Scottish Borders Council to replace the Union Jack flag currently displayed at Lamberton Toll with the St. George’s Cross.
Report:
The Deputy Leader of Scottish Borders Council has been in touch to advise that the Saltire and Union Jack are currently displayed at the Border at Lamberton Toll. The Union Flag tends to cause confusion to some visitors who wrongly infer that it represents England.
Scottish Borders Council appear to have held the belief that the Borough Council would provide a flag bearing St. George’s Cross for display at the Border. Clearly, that action hasn’t been taken and Scottish Borders Council are now inviting the Council to do so.
The St. George’s Cross would replace the Union Flag currently on display.
Implications:
Financial/Legal/Personnel:
Financial:
It is intended that the cost of purchasing a flag of the size and type required be reported to the meeting.
Recommendation: To consider whether to accept the invitation by Scottish Borders Council to display the national flag of England at the Border at Lamberton Toll.
11 To receive and consider the Minutes of the Proceedings of Committee as under:
Committee
Date
Minutes
Planning
6th July 2004
135-139
Policy (Environment)
14th July 2004
140-155
Policy (Corporate Services & Regeneration)
28th July 2004
Tbc
The following decisions from the Policy (Environment) Committee held on the 14th July 2004 are set out below for recommendation to Council:-
Minute 147 - Re-opening of Public Conveniences at Scotts Park
DECISION: To recommend to Council that the public conveniences at Scotts Park are re-opened until 31 October 2004.
Minute 151 - Independent Tenant Advisor - Appointment of Consultants
DECISION: To recommend to Council approval of a supplementary estimate of £10,000 from the general fund to meet the full costs of the tender submitted by PS Consultants.
12 QUESTIONS
(i) From Members
To answer questions from Members (if any) under Rules of Procedure Sections 10.2 and 10.3 of the Constitution.
(ii) From Members of the Public
To answer questions from Members of the Public (if any) under Rules and Procedure Section 9.1 of the Constitution.
13 NOTICE OF MOTION
Members are asked to consider the following Motion, submitted in accordance with Rules of Procedure 11.1 - 11.2 by Councillor G M Elliott and seconded by Councillor L W Robson:
“That this Council resolves to support Northumberland County Council in seeking an independent assessment of options for the future shape of education in Northumberland, and urges Northumberland County Council to consult, through dialogue, with as many interested parties as possible.”
14 EXCLUSION OF PRESS AND PUBLIC
The Committee are asked to consider passing the following resolution:
'That under Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the Meeting during consideration of the following items on the grounds that they would involve the likely disclosure of exempt information as defined in Part I Schedule 12A of the Act:
Item 15 : Paragraph 9 : Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.
PART II
The Press and Public are likely to be requested to leave the meeting during consideration of the items set out in Part II of this Agenda.
