Agenda and draft minutes

The Mayor announced the sad death of former Councillor and Mayor Eric Jackson. Members joined him in a minute’s silence as a mark of respect and then Members paid tribute to him.

Councillor Joy declared an interest in all matters relating to Guisborough Eco Group as a co-founder.

RESOLVED that the minutes of the meeting held on 3 October 2024 be confirmed and signed by the Chair as a correct record.

RESOLVED that the attendance matrix be noted.

Mayor Announcements

The Mayor thanked everybody involved with the Remembrance events last weekend, there had been a great turnout throughout the Borough, which had been great to see.  He thanked all the organisers and everybody involved including the Council staff who ensured that everything was in place for the events to take place with the road closures and cleaning of the cenotaphs.

The Mayor thanked Councillor Linda White and everybody at Loftus Social Club for working so hard to ensure over £1000 was raised at his charity night last Friday, it was a good night and he thanked those Councillors that attended or made a donation. 

He advised that he would be holding a Christmas Choir Concert on Saturday, 7^th December at St John’s Church, South Bank and he hoped that Members would be able to come along to support the event. 

He stated that it had been great to welcome town twinning visitors from Troisdorf, Germany to our area, including two Deputy Mayor’s.

He recently hosted two receptions to thank the many litter pickers we had in our Borough, we were very lucky to have so many volunteers who went out in all weathers to ensure the area was litter free and showed great civic pride.

The Mayor advised that Zetland FM had been presented the Kings Award, which was the highest award a local volunteer group could receive, the equivalent of an MBE for an organisation. The Mayor congratulated everybody at Zetland FM.

Leader’s Announcements.

“I just want to mention something that took place this week. After the Local Election in 2023 a gentleman sat in front of me with a newspaper article from Fyfe regarding a Multi Bank. He said I want to bring this to the region. I just want to pay testament to the work of Councillor McCue and his tenacity and drive in regard to this matter. The Labour Group will pay testament that we have had more updates than on any other subject. Councillor McCue has done a marvellous job bringing this facility to the region which will now help families and children in poverty in all the five Boroughs of the Tees Valley.”

Councillor McCue thanked the Council for supporting this project and said that he was so pleased to see the Tees Valley Multi Bank officially launched into action against child poverty. The multi bank aimed to make family life happier and more comfortable so that they can meet with confidence the opportunities in society and their communities.

“I would like to thank everybody involved in the many remembrance events across the Borough last weekend.

It is vital that we never forget the sacrifice and service of all the servicemen and women who have served their country with distinction over the years.

Once again, the ceremonies in Redcar and Cleveland were well attended and well respected and I would like to pay tribute to all those who give their time and efforts to make sure that the fallen will always  ...  view the full minutes text for item 137.

There were no announcements from the Managing Director.

Question from Mr Dale Patterson to Councillor Brook, Cabinet Member for Neighbourhoods and Housing.

What is happening with the pump and electrics at the boating lake?

Question from Dale Patterson to Councillor Brook , Cabinet Member for Neighbourhoods.

“What is happening with the pump and electrics at the boating lake”

Councillor Brown replied as follows:-

“I would like to thank Redcar Model Boat Club for their patience. It is frustrating when you meet there so many times. From speaking to the Chair of the Boating Club, it is more than just sailing boats, it is a social club it is your interaction and you can rest assured I gave the Chair and yourself a deadline of spring to be fully where we want to be but that involves drawing in some funding from other pots. However, because I know how vital it is we are working as quickly as we can to get a fill of water.

Unfortunately, the Surveyor/Engineer who went out identified a number of spots and I know you have your theories of where the problems are and you are right on some of them but there are other cracks that have been found and identified. We have already cleaned it and it was filled but you would see the water did not last very long. That was not the bung which we have already replaced, the sluice gate is not watertight and there are a number of areas that we have identified that do have cracks and are leaking water.

I do think and I am not blaming Labour because it was the Council before then that have put plasters on it for years and it has been slowly leaking for years. As a member of the town I want it right hence why things are getting done properly this time. We are going to endeavour to fix the cracks and the sluice gate and get it watertight as quickly as possible and filled with water for you. All I can do is apologise however, it was not within my powers 8 years ago to start the process and I cannot help the way concrete depreciates. I appreciate your patience and the Model Club’s patience and I have been out to see you a number of times. You know I am passionate about it and we will get it right for you as quickly as we can.”

Supplementary question by Dale Patterson:-

“Why have you put a bung in the inlet pipe?”

Councillor Brown replied as follows:-

“I am not an engineer. To stop water leaking out I suppose but I will find out and get back to you.”

A)   Report of the Cabinet Member for Health and Welfare (HEREWITH)

(A period of 10 minutes, or such longer period at the discretion of the Mayor, will be set aside for questions which must be succinct and relate directly to matters within the report).

Cabinet Member for Health and Welfare

Councillor Earl presented a report which gave an update on his portfolio and answered Member’s questions.

:-NOTED.

Report of the Governance Director and Monitoring Officer

A)   Exemption from Attendance at Meeting (HEREWITH)

The Managing Director submitted a report which sought approval to Councillor Graham Jeffery’s absence from the Council due to reasons of ill health.

RESOLVED that:-

1.    Councillor Graham Jeffery’s absence due to illness be regarded as a valid reason for absence from the Council.

2.    Councillor Jeffery’s absence be authorised in accordance with Section 85 of the Local Government Act 1972 for a further period of six months terminating on 14 July 2025;

3.    Members and Officers of the Authority send their best wishes to Councillor Jeffery and wish him well with the treatment of his condition.

Motion 1.

MOVED by Councillor Thomson and duly seconded by Councillor Smith that:

“In 2022 an independent study of traffic and parking in Saltburn was conducted by WSP/Capita on behalf of Redcar & Cleveland Borough Council at the cost of £50,000.

This was entitled The Saltburn Transportation Masterplan.

The Council published the study and invited comment from Saltburn residents.

This Council resolves that the proposals in the Capita Report and the response from Saltburn residents now be given due attention and a report detailing the relevant considerations along with detailed proposals and recommendations for implementation be brought to Cabinet for discussion and decision making and that this be done at the earliest date, but within three months.”

Motion 2.

MOVED by Councillor Thomson and duly seconded by Councillor Hannaway that:

“In response to a Full Council motion in 2022 the Council has issued the following; “MARSKE, NEW MARSKE AND SALTBURN (WAITING AND LOADING AND PARKING PLACES) CONSOLIDATION ORDER 2003 (AMENDMENT) ORDER NO 1 2024.

The order would prevent the parking of motor caravans in sections of Glenside and along Marine Parade between 8pm and 8am daily (Appendix 2a & 2b).  A motor caravan would be defined as means a motor vehicle which is constructed or adapted for the carriage of passengers and their effects, and which contains, as permanently installed equipment, the facilities which are reasonably necessary for enabling the vehicle to provide mobile living accommodation for its users (Motorhome Definition from Motor Vehicles (Type Approval) (Great Britain) Regulations 1984)”

In accordance with standard practice residents were invited to register objections and a decision based on responses was made under delegated powers based on the response of a ‘significant majority’ of Saltburn residents objecting and a petition received.

A press release advising of the Council’s decision not to implement the proposed Order advised the decision was based on resident response and the submission of a petition.

Given that the advertising of the Order only invited objections, and the petition did not qualify as a relevant document in accordance with the Council Constitution, it is requested that given the protocol for advertising and requesting response to TRO responses and guidance for evaluating responses is not at all clear, it is requested that Council agrees to review the protocol for TRO promotion and response evaluation, and to do so within six months.”

Motion 1.

MOVED by Councillor Thomson and duly seconded by Councillor Smith that:

“In 2022 an independent study of traffic and parking in Saltburn was conducted by WSP/Capita on behalf of Redcar & Cleveland Borough Council at the cost of £50,000.

This was entitled The Saltburn Transportation Masterplan.

The Council published the study and invited comment from Saltburn residents.

This Council resolves that the proposals in the Capita Report and the response from Saltburn residents now be given due attention and a report detailing the relevant considerations along with detailed proposals and recommendations for implementation be brought to Cabinet for discussion and decision making and that this be done at the earliest date, but within three months.”

The motion was put to the vote and declared carried whereupon it was:

RESOLVED on the successful motion of Councillor Thomson and duly seconded by Councillor Smith that:

“In 2022 an independent study of traffic and parking in Saltburn was conducted by WSP/Capita on behalf of Redcar & Cleveland Borough Council at the cost of £50,000.

This was entitled The Saltburn Transportation Masterplan.

The Council published the study and invited comment from Saltburn residents.

This Council resolves that the proposals in the Capita Report and the response from Saltburn residents now be given due attention and a report detailing the relevant considerations along with detailed proposals and recommendations for implementation be brought to Cabinet for discussion and decision making and that this be done at the earliest date, but within three months.”

Motion 2.

MOVED by Councillor Thomson and duly seconded by Councillor Hannaway that:

“In response to a Full Council motion in 2022 the Council has issued the following; “MARSKE, NEW MARSKE AND SALTBURN (WAITING AND LOADING AND PARKING PLACES) CONSOLIDATION ORDER 2003 (AMENDMENT) ORDER NO 1 2024.

The order would prevent the parking of motor caravans in sections of Glenside and along Marine Parade between 8pm and 8am daily (Appendix 2a & 2b).  A motor caravan would be defined as means a motor vehicle which is constructed or adapted for the carriage of passengers and their effects, and which contains, as permanently installed equipment, the facilities which are reasonably necessary for enabling the vehicle to provide mobile living accommodation for its users (Motorhome Definition from Motor Vehicles (Type Approval) (Great Britain) Regulations 1984)”

In accordance with standard practice residents were invited to register objections and a decision based on responses was made under delegated powers based on the response of a ‘significant majority’ of Saltburn residents objecting and a petition received.

A press release advising of the Council’s decision not to implement the proposed Order advised the decision was based on resident response and the submission of a petition.

Given that the advertising of the Order only invited objections, and the petition did not qualify as a relevant document in accordance with the Council Constitution, it is requested that given the protocol for advertising and requesting response to TRO responses and guidance for evaluating responses is not at all clear, it is requested that  ...  view the full minutes text for item 142.

Where there are vacancies or changes in appointment:

·         To appoint Members of Council Bodies and Representatives to serve on other bodies to which Members are appointed by the Council; and

·         To approve any changes to Committee membership and to appoint Chairs and Vice Chairs where appropriate.

RESOLVED that the following change to Committee Membership be approved:-

Councillor Richardson to replace Councillor Fairley on Employment, Health and Safety Committee.

Questions to the Chair, Members of the Cabinet, Chairs of any Committee or Sub-Committee, Members of the Fire Authority, Police and Crime Panel or the Tees Valley Combined Authority Scrutiny Committee, for which notice has been given.

Question 1: Question from Councillor Learoyd to Councillor Nightingale, Chair of Corporate Resources and Governance Scrutiny & Improvement Committee.

“On the 27th June 2024, I asked you why you hadn't responded to the Ridgewell Report into Teesworks and STDC. As a reminder you were a scrutiny member of the council at the TVCA during the period in question. You read an answer to my question and it resembled a legal reply. When I then sent a F.O.I. request to see who had written the reply for you, it was a lawyer at the TVCA.

Why did you not feel comfortable answering the question in your own words?”

Question 2: Question from Councillor Learoyd to Councillor Earl, Cabinet Member for Health, Welfare and Housing

“A group of doctors congregated outside Newcastle Civic Centre on 14 September to protest against your administration's 400000 tonne incinerator plan. They warned the incinerator "would have multiple negative health impacts especially in an area which already faces significant public health challenges." You've openly supported the incinerator in this council chamber and defended it in a previous question I have posed to you.

Which doctor is correct, you or those doctors who want to see an end to the incinerator?”

Question 3: Question from Councillor Learoyd to Councillor Morgan, Chair of Governance Committee:

“An FOI from 25th July 2024 served on the Council's Monitoring Officer reveals an interesting thread.

It reveals a Councillor from the political group that you lead quizzing the Monitoring Officer if there was enough evidence to take another councillor to a code of conduct hearing. The Monitoring Officer, rather rash in his approach on this occasion, engaged in the conversation. Worryingly, you were then sent the email by the councillor as though you were part of the plotting.

A previous FOI showed you having an email exchange with the Managing Director regarding a desire to remove a councillor from a chairmanship.

These revelatory FOIs question your standing and ability to act as Chair of the Governance Committee, and the fiduciary responsibility it holds.

Considering the evidence your willingness to be involved in skullduggery and vendetta, why should any Councillor in this chamber trust that the code of conduct is being administered with any reasonableness and neutrality?”

Question 4: Question from Councillor Learoyd to Councillor Smith Chair of  Regulatory Committee:

“On 25th July 2024 I asked you if you have ever had pressure put on you, while a member or as Chairman of the Regulatory Committee, to accept a planning application due to the potential cost of an appeal if an application were rejected. Examining the minutes from the meeting, you avoided answering the question. Why was this?”

Question 1: Question from Councillor Learoyd to Councillor Morgan, Chair of Governance Committee:

“An FOI from 25th July 2024 served on the Council's Monitoring Officer reveals an interesting thread.

It reveals a Councillor from the political group that you lead quizzing the Monitoring Officer if there was enough evidence to take another Councillor to a code of conduct hearing. The Monitoring Officer, rather rash in his approach on this occasion, engaged in the conversation. Worryingly, you were then sent the email by the Councillor as though you were part of the plotting.

A previous FOI showed you having an email exchange with the Managing Director regarding a desire to remove a Councillor from a chairmanship.

These revelatory FOI’s question your standing and ability to act as Chair of the Governance Committee, and the fiduciary responsibility it holds.

Considering the evidence your willingness to be involved in skullduggery and vendetta, why should any Councillor in this chamber trust that the code of conduct is being administered with any reasonableness and neutrality?”

Councillor Morgan replied as follows:-

“With regards to the first FOI you refer to, the group members simply forwarded the conversation to me and the Lib-Dem group as a whole, for information only. There was no plotting on my part whatsoever.

Regarding the second FOI you refer to, there was a request from me to have a brief catch up with the Managing Director, to hear first hand, instead of rumours, of any concerns relating to the Councillor’s position as Chair before meeting with the Councillor themselves. At the meeting with the Councillor, which was also attended by Councillor Nightingale, I said openly that Officers do not have an issue with the Councillor being Chair. Nor separately did they have an issue with their campaigning, but that it was the combination of the two that was concerning. At this same meeting the Councillor agreed to switch from one committee to another, thereby giving themselves more freedom to campaign, but then later withdrew from the agreement. The Councillor then said at a future Lib Dem meeting they would step down from the Chairmanship in a couple of months.

There has been no skullduggery, conspiracy or vendetta. No one has put pressure on me or asked me to remove the Councillor as Chair. As to the code of conduct being administered with reasonableness and neutrality, there is a full audit trail and an Independent Person has been involved from the very beginning.  And should that person agree that it should be taken further, to an Assessment Sub-Committee, that is chaired by an Independent Member alongside two other members of the Governance Committee, who then come to a majority decision. The views of the Independent Person are considered and a Principle Legal Officer is in attendance for guidance and advice. Code of conduct cases are then reported to the next Governance committee meeting. Therefore, I believe this to be a reasonable and neutral process.”

Supplementary Question from Councillor Learoyd-

“I became  ...  view the full minutes text for item 144.