Notice is hereby given that an ORDINARY MEETING of the COUNCIL of the BOROUGH OF BERWICK-UPON-TWEED will be heldin the Guildhall, in the Town Hall, Berwick-upon-Tweed at 6.00pm on THURSDAY 28TH OCTOBER 2004.
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
20TH OCTOBER 2004
To: All Members of the COUNCIL
AGENDA
[Note : The meeting will be held in the Guildhall to facilitate a comprehensive presentation by CPA Improvement Board members to Members on Item 4 : Draft Improvement Plan. The remainder of the meeting will be held in the Guildhall].
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 Thursday, 23rd September 2004, Minutes 252 – 265, and pages 1 – 5.
3 To receive such communications or announcements as the Mayor may desire to lay before the Council.
4 DRAFT MPROVEMENT PLAN
Report Author: John McLuckie, Improvement Project Team Leader, tel no (01289) 301707 email jm@berwick-upon-tweed.gov.uk
Summary:
• Presents the Improvement Plan to the Council for adoption.
Purpose:
To outline the programme of actions identified by the Improvement Board and Improvement Project Team to address the areas of weakness highlighted in the Comprehensive Performance Assessment report of April 2004.
Report:
This Improvement Plan has its origins in the CPA report issued in April 2004, but is more than simply a reaction to it. It is a programme for strengthening the Council’s capacity for continual improvement in its delivery of services. It will do this by addressing the areas found to be weak in the CPA inspection but principally draws on our own analysis of the fundamental issues facing this Authority.
The attached Improvement Plan will be presented verbally at the Council meeting by members of the Improvement Board. They will;
• give a picture of its overall shape and purpose, describing the vision for change behind the Plan
• present the five theme areas and the actions within them
• describe the resources needed to support this process.
Pat Thynne, our lead officer from the Office of the Deputy Prime Minister will also be present and will outline the ODPM’s role in the process.
Implications:
The Improvement process has implications for every area of the Council’s life and seeks to address any issues that limit our ability to deliver the best possible services for our communities.
Financial/Personnel
The resources needed for the project will be outlined in the presentation. Some of the financial resources have already been secured from the Capacity Building Fund, others will be met from our own resources. There will also be considerable demands on the time of officers and members. These will be outlined in an updated version of the Plan.
Recommendations: (i) To agree the adoption of the Improvement Plan; ii) to agree a supplementary estimate of £25000 to be disbursed at the discretion of the Improvement Board for the remainder of this financial year; and (iii) to agree that a detailed budget bid be submitted for the year 2005/06.
5 DELEGATED AUTHORITY ON ACCOUNTS
Report Author: Richard Dell, Head of Finance (Accountancy and Audit), tel (01289) 301730, email rd@berwick-upon-tweed.gov.uk
Summary:
• Deadlines for authorisation of accounts have been advance to the end of November.
• Council has already received draft accounts in July
• Delegated powers are sought to sign the accounts in time form publication
• A revised Statement of Internal Control is attached because this is a significant change from that presented in July.
• Auditors will be in attendance at Council on 16 December to present the report for those charged with Governance
Purpose:
To seek delegated powers to sign the Accounts for 2003/04
Report:
The deadline for publishing the 2003/04 audited accounts has been advanced from the end of December to the end of November and will advance even further in future years. Members have already received draft accounts at Council in July as the deadline for publishing these is now the end of August and is also set to advance.
The main change since the draft accounts in July has been the revaluation in housing assets from a net book value of £41,980,885 at 1 April 2003 to £84,976,788 at 31 March 2004. This reflects a major change in the housing market and the Authority will need to consider more frequent revaluation that the minimum five years required.
There are new requirements to provide a more comprehensive statement of internal control. There is a new requirement to carry out an annual review of internal control which will be programmed for 2005. Given this and the CPA scoring on performance management, it is only possible to issue an interim statement of internal control in line with a number of other authorities. The statement also makes it clear that there may still be performance management issues outstanding at the 2004/05 audit.
The audit of the accounts has progressed well but the accounts will need adjusting for a number of technical issues as follows:-
• The policy in the past has been to write off capital expenditure to reserves but changes a review of current practice suggests that we should be treating this expenditure as additions to the value of fixed assets in some cases. This is not a monetary adjustment.
• We have been working out asset values, as part of capital charges, from the gross value of assets. Accounting practice now is that this should be worked out from the value of assets net of depreciation. Again this is not a monetary adjustment.
• Recent information has been received as to the likely remaining legal costs for the dispute where we have made provision in the accounts two years ago. This will be more fully reported in December.
• A number of disclosures to the accounts are being strengthened and we will now disclose, amongst other matters, Auditor remuneration.
Implications:
None directly form this report.
Recommendations : (i) To note the proposed changes to the Accounts; (ii) to agree the revised Statement of Internal Control to be signed by the Leader of the Council and Chief Executive; (iii) to delegate the signing of the Accounts to the Mayor and Head of Finance(Accountancy and Audit) in consultation with the Chief Executive; (iv) to delegate the signing of the Statement of Corporate Governance to the Leader of the Council and Chief Executive; and (v) to receive the signed accounts at the meeting of Council on 16th December 2004.
• Resolved at Policy (Environment) Committee meeting on 13th October 2004 to constitute a Car Parking Review Sub-Committee
• Report sets out proposed terms of reference and composition of the Sub-Committee based on political balance requirements
Purpose:
To consider the recommendation from Policy (Environment) Committee that a new Car Parking Review Sub-Committee be established, and to agree the proposed terms of reference and composition of that Sub-Committee.
Report:
This matter was fully reported to Policy (Environment) Committee on 13th October 2004. Item 10 on the agenda for that meeting refers.
Following consideration of that report, Policy (Environment) Committee resolved :
• To agree to constitute a Car Parking Review Sub-Committee; and
• To agree that a report be submitted to this meeting of the Council setting out the proposed terms of reference and composition of the Sub-Committee
Composition
Sub-Committees must comply with Section 15 of the Local Government and Housing Act 1989 which requires that the Committee be politically balanced.
This means that the Sub-Committee comprises a minimum of 9 Members, with seats allocated to political groups as follows :
• Conservatives 4 seats
• Liberal Democrats 2 seats
• Independents 1 seat
• New Labour Independents 1 seat
• Tweemouth Alliance 1 seat
Total 9 seats
Group Leaders are asked to nominate representatives from their own political group to join the Sub-Committee at the meeting.
Nominations to the Sub-Committee can be drawn from the membership of the whole Council, and are not restricted to Policy (Environment) Committee. This follows previous practice – eg composition of Fundamental Budget Review Sub-Committee in 2003, membership of which was not restricted to members of Policy (Corporate Services and Regeneration) Committee.
Terms of Reference
The terms of reference for the 2003/04 version of the Car Parking Review Working Group were as follows :
• To consider the objectives of the Council’s car parking service
• To consider the charging policy for off-street parking
• To consider potential changes to the car parking service including decriminalisation; and
• To make recommendations to Policy (Corporate Services and Regeneration) Committee as appropriate.
Members may wish to use these as a basis for formulating a revised set of terms of reference for the Sub-Committee.
Work Programme
It is proposed that the following projects be included in the Sub-Committee’s initial work programme:
(a) Seahouses
• Car park upgrade, subject to the implementation of new visitor centre plans, and including measures to maximise the number of spaces available.
• Review of the lease agreement in relation to the completion of agreed works as part of the lease
(b) Bamburgh
• Resurfacing and general upgrade
(c) Beadnell
• Alterations related to the new sewage pumping station on the overflow site
(d) Castlegate Car Park, Berwick-upon-Tweed
• (Off-street) parking proposal to extend grasscrete beyond existing limit
(e) Railway Street Car Park, Berwick-upon-Tweed
• Implementation of upgrade works in partnership with Northumberland County Council and other partners
Whilst not exclusive, it is intended that these items form the basis of the Sub-Committee’s work programme for the rest of 2004/05 and most probably the ensuing year.
Meeting Arrangements
It is assumed that Policy (Environment) Committee will act as the parent Committee to the Car Parking Review Sub-Committee.
It is suggested, therefore, that meetings of the Sub-Committee be scheduled two weeks in advance of each meeting of Policy (Environment) Committee so that the minutes and business of the Sub-Committee can be considered at the parent Committee.
Suggested meeting dates for the Sub-Committee are set out below :
• Wednesday 10th November 2004
• Wednesday 22nd December 2004
• Wednesday 9th February 2005
• Wednesday 23rd March 2005
• Wednesday 4th May 2005
The start time of meetings will need to be agreed. The Sub-Committee will be clerked by the Committee Officer responsible for Policy (Environment) Committee.
Implications:
Crime and Disorder:
A number of town centre car parks in Berwick-upon-Tweed are covered by CCTV cameras, although vehicle crime in the Borough, as shown in the recently published Crime, Disorder and Drugs Audit Report, is the lowest of the six Northumberland district council areas.
Financial/Legal/Personnel:
Financial:
The Council is committed to a best value approach to income generation from its’ car parks.
Recommendations: (i) To appoint the membership of the Car Parking Review Sub-Committee; and (ii) to agree the terms of reference, outline work programme and meetings arrangements for the Sub-Committee.
7 POST OF SENIOR LICENSING OFFICER
(i) OFFICER AUTHORISATION TO APPEAR IN LEGAL PROCEEDINGS
• To authorise the Senior Licensing Officer to appear on the Council’s behalf in magistrates’ court proceedings.
• To amend the Council’s Constitution in relation to the Senior Licensing Officer’s delegated powers.
Purpose:
To seek authorisation for the Senior Licensing Officer to appear on the Council’s behalf in magistrates’ court proceedings in matters relating to the duties of that post and to amend the Council’s Constitution by clarifying the scheme of delegation relating to certain licensing powers currently exercised on a day to day basis by the Senior Licensing Officer.
Report:
Pursuant to section 223 of the Local Government Act 1972 any officer of a local authority can be authorised by that authority to prosecute, defend or appear in legal proceedings in a magistrates’ court. It is considered that the duties of the Senior Licensing Officer may, from time to time, require that officer’s appearance in court on the Council’s behalf.
Currently, the scheme of delegated powers set out in the Council’s constitution does not refer to the post of Senior Licensing Officer. Certain licensing functions now performed by the Senior Licensing Officer are currently delegated to the Council’s Director of Environment. It is considered appropriate that in relation to the following licensing matters, the scheme of delegation should be clarified, and the powers currently delegated to the Director of Environment should now be delegated to the Senior Licensing Officer:-
(a) Amusements with prizes
(b) Street collections and house to house collections
(c) Street trading
(d) Public entertainment licences
(e) Cinemas and theatres
(f) Small lotteries
(g) Hackney carriage and private hire driver and vehicle procedures
Note – The Council’s draft Licensing Policy, to be adopted by Members later this year, also contains a scheme of delegation dealing with matters regulated by the Licensing Act 2003. Subject to the Policy’s adoption the Senior Licensing Officer will also exercise the delegated powers set out in that document.
Implications:
Best Practice/Best Value
The changes proposed are designed to promote the principles of economy, efficiency and effectiveness.
Recommendations : (i) To authorise the Senior Licensing Officer to appear on the Council’s behalf in magistrate court proceedings, pursuant to section 223 of the Local Government Act 1972; and (ii) to delegate to the Senior Licensing Officer the powers currently delegated to the Director of Environment, relating to the licensing matters set out in this report and to amend the scheme of delegation in the Council’s Constitution accordingly.
8 ANNUAL GENERAL MEETING OF THE NATIONAL ASSOCIATION OF CITY AND TOWN SHERIFFS OF ENGLAND AND WALES –- 23RD TO 25TH SEPTEMBER 2005 AT BERWICK-UPON-TWEED
• The Annual General Meeting of the National Association of City and Town Sheriffs is to be held in Berwick-upon-Tweed from 23rd to 25th September 2005
• Financial assistance requested from the Council.
Purpose:
To request financial assistance from the Council towards expenses incurred in holding the Annual General Meeting of the National Association of City and Town Sheriffs in Berwick-upon-Tweed.
Report:
The office of Sheriff is of recent creation – 1974 – although historically related to that of the former County of the Borough and Town of Berwick-upon-Tweed. Since re-organisation in 1974, the office is solely an honorary one, the holder being a “local officer of dignity” for which provision was made in the Local Government Act 1972. This Act preserved the rights of former cities and towns to appoint their own Sheriffs and fifteen Councils have retained the office of Borough or City Sheriff. In 1985 the National Association of City and Town Sheriffs of England and Wales was founded by the then Sheriff of Gloucester.
Membership of the Association is open to serving and former Sheriffs and past Annual General Meetings have been attended by the Sheriff of Berwick-upon-Tweed and former holders of the office. In addition to the formal Annual General Meeting, the programme involves a civic reception and dinner and parade of robed Sheriffs.
In 1991 the Association held its Annual General Meeting in Berwick-upon-Tweed and in 2005 the town will again play host to the Association. It is anticipated that those attending could number up to 120. The Sheriff and former Sheriffs have been holding informal meetings to plan the event and a provisional programme has been drawn up, as follows:
Friday 23rd September
Civic Reception in Guildhall for all those attending
Buffet meal at the Maltings
Saturday 24th September
AGM in the Parish Centre
Lunch
Coach tours of the Borough
Annual Dinner in the Guildhall
Sunday 25th September
Coffee and robing of current Sheriffs followed by official photographs and process to Holy Trinity Church
Civic Service in Holy Trinity, followed by procession back to Guildhall for coffee and farewell
The Council have been asked for financial assistance towards the weekend. Those attending pay for their own dinner on the Saturday night, but all other expenses apart from accommodation are usually borne by the host town.
Implications:
Financial/Legal/Personnel:
Precise requirements will be reported orally at the Meeting.
Recommendation: To seek Members’ approval for financial assistance towards the cost of holding the Annual General Meeting of the National Association of City and Town Sheriffs of England and Wales in Berwick-upon-Tweed in September 2005.
To note the resignation of Councillor J N Simpson from the Council.
Report:
Councillor J N Simpson has written to the Chief Executive advising us of his decision to resign as a Councillor following this meeting of Council after over 5 years of service.
Implications:
A by-election in respect of this casual vacancy will be held in due course subject to notice being given by two local government electors for the area.
Recommendation: To note the resignation of Councillor J N Simpson and to formally record the Council’s grateful thanks for his service as a member and indeed as an officer of the authority for over a period of 40 years.
• The Leader, Councillor A Hughes, has been appointed as the Council’s representative on the Northumberland Overview and Scrutiny Committee for Health
• Substitute to be named for Councillor Hughes, to deputise on those occasions when he is unable to attend.
Purpose:
To nominate a substitute Member to represent the Council on the Northumberland Overview and Scrutiny Committee for Health.
Report:
Northumberland County Council wrote on 1st October 2004 to request that the Council nominates a Member to deputise on the Overview and Scrutiny Committee for Health on those occasions when the Council’s appointed representative, Councillor A Hughes, is unavailable to attend.
Councillor Hughes was appointed as the Council’s representative on the Scrutiny Committee for Health at the Annual Meeting of Council held on 13th May 2004. That appointment will be reviewed at the next Annual meeting of Council on 19th May 2005.
The terms of reference for the Overview and Scrutiny Committee for Health are as follows :
• To scrutinise health services within the Council’s area as part of the wider role in health improvement and to secure the continuous improvement of health services, together with any other services that impact upon health.
• To scrutinise whether services provided that impact on the health of local inhabitants are accessible to all parts of the local community.
• To address issues around health inequalities and to propose ways of reducing such inequalities for the area and its inhabitants.
• To take a ‘holistic’ view of health, in order to promote the social, environmental and economic wellbeing of local people.
• To develop a constructive and proactive approach to the scrutiny of health services within the Council’s area, based on a mutual understanding of priorities between the committee and local NHS bodies.
The Committee meets at 2pm on the following dates :
• Thursday 9th December 2004
• Thursday 17th February 2004
• Thursday 14th April 2004
Each district council has one representative on the Committee, which is chaired by County Councillor W E Ashbridge.
Members will be aware that the Council’s own Overview and Scrutiny Committee has successfully established a Health Working Group (the Council being representated by Councillors A E Breckons, A B Douglas and A Hughes) which has generated a positive and meaningful dialogue with the management of the Health Care Trust on local health issues and particular matters concerning Berwick Infirmary.
Implications:
None significant.
Recommendation: To nominate a Member to deputise for Councillor A Hughes as the Council’s representative on the Northumberland Overview and Scrutiny Committee for Health.
• Members received a presentation from a representative of the Post Office Ltd at the Ordinary Meeting of Council held on 23rd September 2004 outlining latest developments. Report provides a further update on progress.
Purpose:
To receive a progress report on proposals by the Post Office Ltd to close four post offices in Berwick-upon-Tweed and open two new purpose-built facilities.
Report:
[Note : This report was included on the agenda for the Town Committee to be held on 21st October 2004].
Members received a progress report from Graham Laird, External Relations Manager with the Post Office Ltd, at the Ordinary Meeting of Council held on 23rd September 2004.
Following Mr Laird’s report (which is summarised in Minute 257 : 04/05), Members requested that he notify the Mayor of details of proposed opening dates for the new post offices. Mr Laird has subsequently written to the Borough Secretary to say that :
“Where the branches in Tweedmouth, Spittal and Prior Park are concerned I have spoken with my colleagues in the Franchise Management Team and I believe that the Co-op would not anticipate opening the new branch until early in 2005.
With regard to the branch in West Street, I can
confirm that the branch fit-out has been completed and if consultation allows us to proceed with the closure of Castlegate we will be looking to open the new branch as soon as we can address any outstanding operational issues.
In all cases the Post Office would not intend to close any existing branch until all necessary arrangements to introduce the new branches have been concluded.
I am sorry that I am unable to offer a definite opening date for the new branches but I trust that you will accept our assurances and commitment to delivering the new branches as quickly as we can”.
Members are also advised that the evaluation of the public consultation on the Berwick-upon-Tweed post office closure programme, which could still have some bearing on the provision of post offices in the town, has yet to be completed.
Implications:
None significant at this stage.
Recommendation : To note the report.
12 THE APPOINTMENT OF HISTORIC ENVIRONMENT CHAMPION
Report Author: Shona Alexander, Director of Regeneration and Development, tel 01289 301800, e-mail spa@berwick-upon-tweed.gov.uk
Summary:
• The Office of the Deputy Prime Minister (ODPM) is urging all local authorities to appoint an Historic Environment Champion, preferably an elected Councillor.
• This report outlines the role which this champion would be expected to carry out.
• Members are asked to nominate a Member as Historic Environment Champion for the Council.
Purpose:
To comply with the ODPM recommendation and appoint a Member as Historic Environment Champion for the Council for the remainder of the current municipal year.
Report:
The Department of Culture, Media and Sport (DCMS) published a policy statement on the historic environment entitled “A Force for Our Future” in 2001. This report recommended local authorities to appoint Historic Environment Champions. However, since then only a few authorities have appointed elected Councillors to be their Champions.
The ODPM is recommending that local authorities consider this appointment again. The role of the Champion is :
• To ensure that the historic environment is at the heart of the Council agenda;
• To ensure that the historic environment is used as a catalyst for regeneration, learning, community cohesion and economic development;
• To ensure that the historic environment can help revitalise areas by retaining the features that make places special and by offering attractive and distinctive living and working conditions;
• To ensure that the historic environment is actively used to promote a sense of local and regional distinctiveness.
A package of support and training is available for champions such as the Historic Environment Local Management (HELM) guidance and regional seminars being held by English Heritage. One of these seminars is being held from 11.30am – 2.00pm on Monday 29th November, in the Assembly Rooms, Newcastle upon Tyne.
Implications:
Legal, Financial and Personnel:
No implications arising directly from this report.
Improvement Plan:
It is a clear objective of our Plan to have elected Members more closely involved with the Council’s core work, particularly regeneration and culture. The recommendations in this report are therefore entirely consistent with this.
Recommendations: (i) That an elected Member be appointed to be the Borough Council’s Historic Environment Champion for the remainder of the municipal year; and (ii) that the Historic Environment Champion attends the regional HELM seminar in Newcastle on 29th November together with the Director of Regeneration and Development.
13 To receive and consider the Minutes of the Proceedings of Committee as under:
Committee
Date
Minutes
Planning
5 October 2004
266-272
Policy (Environment)
13 October 2004
273-286
Town
21 October 2004
To follow
Policy (Corporate Services & Regeneration)
27 October 2004
To follow
14 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.
[Note: Members are referred to pages 47-49 of the Constitution which explain the Rules governing the form of Questions, and the manner in which questions should be put and to whom].
