Meeting documents

Apologies for absence were submitted on behalf of Councillors G Armstrong and PH May.

The minutes of the proceedings at the meeting of the District Council held on 31 January 2008 copies of which had previously been circulated, were submitted.

The Council RESOLVED:

“That the minutes be confirmed as a correct record.”

The Chairman proceeded to sign the minutes.

No requests had been received from members of the public to speak at the meeting in accordance with the Council’s agreed policy.

Councillors C Jukes and SA Henig declared personal and prejudicial interests in item no. 12 on the agenda in relation to fees for Selby Cottage Nursery.

The Leader, Councillor L Ebbatson, advised that the key decisions taken by the Executive on 4 February  2008 had been circulated to Members.

Dreamspace

The Leader referred to the tragic circumstances surrounding the Dreamspace event on 23 July 2006 and the subsequent Police and Health and Safety investigation that had been conducted over the previous 18 months. She said that as always, our thoughts and sympathies are extended to the bereaved families and those who suffered injury in the incident. Members would be aware that the Council had cooperated fully with both the Police and Health and Safety Executive during the course of their investigations. She advised that the purpose of this update was to advise of the point that the investigations had reached and the action being proposed.

The Leader advised that on 13 February, the Police announced the results of their investigations and action they intended to take. The Chief Executive had emailed Members with the information and advised her, as Leader, of the events as soon as it was available.  Maurice Agis the artist responsible for the Dreamspace creation was charged with gross negligence manslaughter and a further offence under the Health and Safety at Work Act. The promotion Company Brouhaha, working for Mr Agis was also to be charged with offences under section 2 of the Health and Safety at Work Act relating to their duty to protect their employees. The Police had also brought a charge against the Council, as owners of the Riverside Park, under section 3 of the Health and Safety at Work Act on the grounds that the Council did not properly assess the risks before permitting the exhibit to be exhibited at Riverside Park. The Leader advised that Section 3 was a broad responsibility defined under the Act and related to the need to ensure that so far as is reasonably practicable, the public are not exposed to risk. A further charge had been brought against the Director of Development Services alleging that risks were not properly assessed. 

The Leader reported that a preliminary Magistrates hearing was held on the 26 February for consideration of referral of proceedings to a Crown Court. The manslaughter charges against Mr Agis were referred to Crown Court and a further Magistrates hearing was scheduled for 22 April to further consider the Health and Safety offences and possible referral to Crown Court at that time.  She stated it would be inappropriate to discuss any of the details of the Council case, as the matters would subsequently be considered by a Court. The Council had throughout the process been supported by specialist legal advice that extended to the engagement of Queens Counsel. The Council’s Insurers were covering the costs of that advice.

The Leader stated that Officers within Leisure Services and the Director of Development Services had had access to welfare support throughout the process and the Chief Executive would be ensuring that additional management support was provided within the Development Services Directorate.

Cestria Housing Association

The Leader reported that Cestria Housing Association was a legal entity following the successful negotiations completed on 4 February 2008 and the Council looked forward to seeing Cestria operating as a major partner in the District.

Budget

The Leader said that the main focus of the meeting was the budget which would be the last budget set by the Council and she thanked everyone involved in drawing it up. She advised the proposals contained within the budget took into account the views of residents, Councillors, Council staff and local businesses. The underlying principles were

1.            To maintain excellent service delivery and

2.            To lay a firm foundation over the following 12 months for the people of Chester-le-Street and their representatives in the new authority via a single corporate priority and the four elements within it, namely, Partnerships for the Future; Town Centre Investment; Strengthening Partnerships and Neighbourhoods.

Local Government Review

With regard to Local Government Review, the Leader advised the Implementation Orders had been issued.

ShiNE Awards

The Leader advised that a film crew had been in and out of the Civic Centre during the month in the run up to the ShiNE Awards the following week.  She explained that the ShiNE Awards were the first of their kind in the region and were in recognition of the achievements of local government. The Council was been short-listed in the Improvement Category.

It’s a Knock Out

In conclusion, the Leader reminded Members of the open invitation to join in ‘It’s a Knock Out’, a fun-day arranged by the Council with and for people with disabilities, that would be held on Saturday 5 April 2008.

a)                 Resources and Value for Money

b)                 Regeneration and Strategic Planning

c)                  Community engagement and Partnerships

d)                 Neighbourhood Services

e)                 Health and Well-Being

a.            Resources and Value for Money

Councillor SA Henig advised that later in the meeting the Council would be asked to approve the recommendations of the Executive on the final budget to be set by the Council. He confirmed that the recommendations made by the Executive took full account of the views of the Overview and Scrutiny Panels. He thanked everyone involved in the process, not just on this occasion but previously as well. He paid credit to the Members and Officers for achieving the budget proposals in the light of a low national settlement.

Councillor Henig paid special thanks to Linda Chambers for her service with the Council.

b.            Regeneration and Strategic Planning

Councillor C Jukes advised that the last issue of Members Update featured an article on his portfolio and he had nothing further to report.

c.            Community Engagement and Partnerships

Councillor S Barr reminder Members of the Member Discussion Group to be held on 5 March 2008 and urged their attendance. He advised that the questionnaire on 360% appraisals, previously circulated to Members, was incorrect and that a revised questionnaire would be issued.

d.            Neighbourhood Services

There was no report from Councillor SCL Westrip.

e.            Health and Well-Being

There was no report from Councillor M Potts.

Councillor P Nathan asked the following question:

‘I have noted increasing amounts of rubbish being dropped in the town centre of late and residents have complained to me about this.  This litter appears to come in particular from fast food shops. 

Could the portfolio holder tell us what steps are being taken to deal with littering in the Town Centre? How many people have been talked to, given warnings or fined in instances relating to littering?’

In the absence of the Portfolio Holder for Neighbourhood Services, the Leader advised that the Front Street was cleansed in accordance with the statutory requirements of DEFRA and the Environmental Protection Act 1989 (EPA) for Zone 1 areas. Zone 1 areas were classified as town centres, shopping centres and shopping street areas. The requirement was that these areas are cleansed on a daily basis.

She advised that Front Street was cleansed by the area based cleansing operative once a day every day on a seven day basis. The area based cleansing operative also monitored the Front Street and surrounding area throughout the day each day (excluding Sunday) and responded to incidences of additional litter as and when they occurred. 

The Environmental Services Manager and the Environmental Services Performance Officer had advised that the quantity of litter collected was increasing and with the assistance of the area based cleansing operative they were collecting data and evidence specifically on locations and times of littering incidents on the Front Street. Armed with the information they gather they will visit those retail premises shown to be the offending to remind the proprietors of their duty of care to keep the area surrounding their premises clean and tidy and seek their cooperation in ensuring that the Front Street is maintained to a Grade A standard.

The Leader further advised that the Environmental Services Manager and the Town Centre Manager were also working together to adopt a partnership approach with the business community through the Business Forum to explore ways of addressing the issue of increasing litter on Front Street and other Zone 1 areas throughout the district.

Between January and February of 2008 the Enforcement Team had issued a total of fifteen on the spot £50 littering fines.  The Enforcement Team also carried out increased patrols in the Front Street area and was regularly liaising with staff at Park View School regarding pupils littering. 

In conclusion, the Leader stated that the problem was being tackled from 2 angles cleansing - at source with local businesses and with the offenders.

The Council RESOLVED:

“That the report of the meeting of the Audit Committee held 17 January 2008, copies of which had previously been circulated, be accepted.”

Consideration was given to a report from the Risk and Financial Services Manager seeking approval to a New Local Code of Corporate Governance that had been developed in response to the new Cipfa/Solace governance framework.

The Risk and Financial Services Manager introduced and spoke to the report.

Councillor R Harrison proposed, seconded by Councillor AK Holden, that the recommendations in the report be approved.

The Council RESOLVED:

“1.        That the New Local Code of Corporate Governance, as detailed in Appendix 1 to the report, be approved and adopted.

2.         That the process of producing the Annual Governance Statement through the Corporate Governance Steering Group, be approved.”

Consideration was given to a report from the Health and Safety Manager seeking approval to a revised Statement of General Policy Health and Safety at Work that reflected the changes made to the corporate structure, including the Housing Stock Transfer and formation of Cestria Community Housing.

The Director of Corporate Services introduced the report.

Councillor L Armstrong proposed, seconded by Councillor S Barr, that the recommendation in the report be approved.

The Council RESOLVED:

“That the Statement of General Policy Health and Safety at Work, detailed in the appendix to the report, be approved and adopted with immediate effect.”

A report from the Head of Corporate Finance advising that Section 17 of the Crime and Disorder Act 1998 placed a duty on the Council to consider all of its budgets, policies and plans from the standpoint of their potential contribution to the reduction of crime and disorder, was submitted.

Councillor L Ebbatson proposed, seconded by Councillor SA Henig, that the contents of the report be noted.

The Council RESOLVED:

“That the contents of the report be noted.”

Consideration was given to a report from the Head of Corporate Finance that summarised the 2008/2009 General Fund Budget proposals and Council Tax recommendations made by the Executive.

Councillor SA Henig introduced the report advising that the budget recommendations had been made following consultation with the Overview and Scrutiny Panels and non-domestic ratepayers. He gave details of the Executive’s recommendations regarding proposed priority areas.

Councillor P Nathan referred to the proposed priority of ‘Investment in the Town Centre’ and stated that Members need to know how the suggested allocated funding was to be spent.

The Leader advised the Executive had identified priority areas for the following twelve months, making best use of resources to leave the Council best placed. She confirmed that Members will have the opportunity to be involved in the decision making process.

The Chief Executive commented that the Town Centre Manager was working closely with businesses. Action Plans would be prepared to support the priority areas utilising the Action Learning Set process.

The Leader confirmed that Executive Members would be involved with the Action Learning Sets and that there was a need to examine how Scrutiny could be re-aligned to be engaged in delivery. The Annual Council Meeting would formally review the process.

Councillor SA Henig proposed, seconded by Councillor GK Davidson, that the recommendations in the report be approved.

The Council RESOLVED:

“1.        That a net General Fund Revenue Budget of £8.247 million for 2008/2009 be approved and the redirection of resources outlined in the report be agreed.

2.         That a Band D Council Tax for 2008/2009 of £181.17 be approved.”

Councillor P Nathan voted against the recommendations.

Consideration was given to a report from the Head of Corporate Finance that summarised the 2008/2009 General Fund Capital Programme proposals and detailed the recommendations of the Executive.

Councillor SA Henig introduced the report and advised that bids would not be pursued until finance was available.

Councillor AK Holden proposed, seconded by Councillor L Ebbatson, that the recommendation in the report be approved.

The Council RESOLVED:

“That the recommendations of the Executive as detailed in Section 6.2 of the report be approved.”

Councillor P Nathan voted against the recommendation.

Consideration was given to a report from the Head of Corporate Services seeking approval to a proposed Treasury Management Strategy for 2008/2009.

Councillor SA Henig proposed, seconded by Councillor GK Davidson, that the recommendations in the report be approved.

The Council RESOLVED:

“1.        That the Treasury Management Strategy detailed in the report be approved.

2.         That the Treasury Management Practice - Credit and Counterparty Risk Management provisions contained in Appendix 1 to the report, be approved.

3.         That the schedule of counter parties detailed in Appendix 2 to the report, be approved.”

Councillor T Smith left the meeting at 6.57pm.

Consideration was given to a report from the Head of Corporate Finance detailing the prudential indicators for 2008/2009 and the expected outturn for 2007/2008.

Councillor SA Henig proposed, seconded by Councillor AK Holden, that the recommendations in the report be approved.

The Council RESOLVED:

“1.        That the prudential indicators and limits as detailed in the report be approved.

2.         That for capital expenditure incurred before 1 April 2008 or which in the future will be Supported capital expenditure, the MRP policy will be:

• Based on CFR - MRP will be based on the non-housing CFR.”

Consideration was given to a report from the Head of Corporate Finance on the 2008/2009 Council Tax.

Councillor SA Henig advised that the proposed increase in Council Tax was the lowest for a number of years despite the Council receiving the lowest amount per capita in Government grant.

The Leader advised that the increase proposed was 2.9% for the Council, 3.6% with Parish Council precepts included. The Council Tax proposed would be the second lowest in the County and the increase in money terms was lower than in the previous year.

Councillor L Ebbatson proposed, seconded by Councillor L Armstrong, that the formal resolution as circulated, be approved.

The Council RESOLVED:

“1.        That the General Fund Revenue budget for 2008/2009 as submitted to this Council Meeting be approved.

2.         That it be noted that at its meeting on 29 November 2007 the Council calculated the following amounts for the year 2008/2009 in accordance with Regulations made under Section 33(5) of the Local Government Finance Act 1992:-

a)         17,086.65 being the amount calculated by the Council, in accordance with Regulation 3 of the Local Authorities’ (Calculation of Council Tax Base) Regulations 1992, as its Council Tax base for the year.

b)         Part of the Council’s area:-

            being the amounts calculated by the Council, in accordance with Regulation 6 of the Regulations, as the amounts of its Council Tax base for the year for dwellings in those parts of its area to which one or more special items relate.

3.         That the following amounts be now calculated by the Council for the year 2008/2009 in accordance with Sections 32 to 36 of the Local Government Finance Act 1992:-

a)         £31,287,330 being the aggregate of the amounts which the Council estimates for the items set out in Section 32(2)(a) to (e) of the Act.

b)         £22,825,347 being the aggregate of the amounts which the Council estimates for the items set out in Section 32(3)(a) to (c) of the Act.

c)         £8,461,983 being the amount by which the aggregate at 3(a) above exceeds the aggregate at 3(b) above, calculated by the Council, in accordance with Section 32(4) of the Act, as its budget requirement for the year.

d)         £5,151,467 being the aggregate of the sums which the Council estimates will be payable for the year into its General Fund in respect of redistributed non-domestic rates, revenue support grant, additional grant or relevant special grant increased by the amount of the sums which the Council estimates will be transferred in the year from its collection fund to its general fund in accordance with Section 97(3) of the Local Government Finance Act 1988 and increased by the amount of any sum which the Council estimates will be transferred from its collection fund to its General Fund pursuant to the Collection Fund (Community Charges) Directions under Section 98(4) of the Local Government Finance Act 1988 made on 7 February 1994.

e)         £193.75 being the amount at 3(c) above less the amount at 3(d) above, all divided by the amount at 2(a) above, calculated by the Council, in accordance with Section 33(1) of the Act, as the basic amount of its Council Tax for the year.

f)          £215,000 being the aggregate amount of all special items referred to in Section 34(1) of the Act.

g)         £181.17 being the amount at 3(e) above less the result given by dividing the amount at 3(f) above by the amount at 2(a) above, calculated by the Council, in accordance with Section 34(2) of the Act, as the basic amount of its Council Tax for the year for dwellings in those parts of its area to which no special item relates.

            h)            Part of the Council’s area:-                                                  £

            being the amounts given by adding to the amount at 3(g) above the amounts of the special item or items relating to dwellings in those parts of the Council’s area mentioned above divided in each case by the amount at 2(b) above, calculated by the Council, in accordance with Section 34(3) of the Act, as the basic amounts of its Council Tax for the year for dwellings in those parts of its area to which one or more special items relate.

            i)            Valuation Bands

            being the amounts given by multiplying the amounts at 3(g) and 3(h) above by the number which, in the proportion set out in Section 5(1) of the Act, is applicable to dwellings listed in a particular valuation band divided by the number which in that proportion is applicable to dwellings listed in valuation band D, calculated by the Council, in accordance with Section 36(1) of the Act, as the amounts to be taken into account for the year in respect of categories of dwellings listed in different valuation bands.

4.         That it be noted that for the year 2008/2009 the Durham County Council, Durham Police Authority and the Combined Fire and Rescue Authority for County Durham and Darlington have stated the following amounts in precepts issued to the Council, in accordance with Section 40 of the Local Government Finance Act 1992, for each of the categories of dwellings shown below:-

5.         That, having calculated the aggregate in each case of the amounts at 3(i) and 4 above, the Council, in accordance with Section 30(2) of the Local Government Finance Act 1992, hereby sets the following amounts at the amounts of Council Tax for the year 2008/2009 for each of the categories of dwellings shown below:-

6.      That the Head of Corporate Finance be authorised to serve notices, enter into agreements, give receipts, make adjustments, institute proceedings and take any action available to the Council to collect or enforce the collection of the Non-Domestic Rate and the Council Tax from those persons liable.”

Councillor P Nathan voted against the recommendation.

There were no items of correspondence.

There were no invitations to attend conferences.

The Council RESOLVED:

“That the action of the Officer in affixing the Common Seal of the Council to the following documents be confirmed:

Pension Shortfall Guarantee Agreement in duplicate.

Chester-le-Street District Council and Cestria Community Housing Association Limited TP3 (in triplicate)

Chester-le-Street District Council and Cestria Community Housing Association - Lease of property at the Bullion Lane Depot, Bullion Lane, Chester-le-Street (in duplicate)

Chester-le-Street District Council and Cestria Community Housing Association Limited - Development Agreement for refurbishment of Council Housing Stock (in duplicate)

Chester-le-Street District Council and Cestria Community Housing Association Limited - Annex 2 The Plans (in triplicate)

Chester-le-Street District Council and Cestria Community Housing Limited TP3 (in duplicate)

Agreement of Assignment between Chester-le-Street District Council and Tunstall Telecom Limited and Cestria Community Housing Limited (in triplicate)

Chester-le-Street District Council and Prudential Trustee Company Limited Collateral Warranty (in duplicate)

Chester-le-Street District Council and Cestria Community Housing Association Limited - Transfer Agreement (in triplicate)

Section 105 Agreement in duplicate relating to land at Lingey House Farm, Sacriston

Lease in duplicate relating to Unit 15 at Stella Gill

Lease relating to Unit 20 at Stella Gill

Form DS1 relating to 40 Seventh Avenue, Chester-le-Street

Lease in triplicate relating to Unit 5/6 at Sacriston Industrial Estate

Duplicate Lease relating to Unit 20 at Stella Gill

Form DS1 in relation to 39 Medway, Great Lumley

Form DS1 in relation to 46 Northlands, Chester-le-Street”