ORDINARY MEETING OF COUNCIL

Minutes of an Ordinary Meeting of Council held in the Council Chamber, Civic Centre, on Tuesday 18th January 2005, at 6.00 p.m.

PRESENT

Councillor C. Clarke, Chair

Councillors J.I. Agnew, R. Alderson, A. Atkinson, D.I. Barnett, C. Bell, B.T. Breeze, T.E. Charlton, C.D. Christer, H. Christer, T. Clark, E.J. Coulson, G. Coulson, J. Docherty, A. Donaghy, E.J.S. Edwards, K. English, T.S. Foggett, J.H. Fothergill, G.C. Glass, J.T.S. Graham, J.T. Greener, H.S. Guildford, T.A. Henderson, D. Hicks, A.E. Hodgson, D. Hume, J. Huntley, O. Johnson, D. Lavin, G.D. Little, D.G. Llewellyn, M.J. Malone, D.V. McMahon, R. Ord, J. Pickersgill, W. Proud, W. Stelling, F. Todd, W.J. Tyrie, E. Turner, A. Watson, C.T. Watson and R. Young

APOLOGIES FOR ABSENCE

Apologies for absence were submitted on behalf of Councillors W. Armstrong, D. Bennett, D. Broadley, T. Davinson, K. Howe, J.G. Ingham, M. Jopling, O. Milburn, A. Taylor, C.L. Vasey and J. Wilson.

59. MINUTES

RESOLVED: that the minutes of the following meetings be approved as a correct record: - Ordinary Meeting of the Council 26th October 2004 Special Meeting of the Council 21st December 2004

60. COMMON SEAL OF THE COUNCIL

RESOLVED: that the common seal of the Council be affixed to the following documents: -

(a) Burial Grants: (b) Conveyance of Land and Property from the Council: 13 Ashby Crescent, Blackhill

49 30 Coleridge Gardens, Dipton 21 Fairhills Avenue, Dipton 17 Norman Terrace, Consett 48 Cotswold Terrace, South Stanley 72 Newburn Road, Shield Row 11 Cherry Cottages, 28 Warwick Avenue,Moorside 63 Rowley Crescent, Esh Winning 6 Sunningdale, Delves Lane 15 Riverside, Shotley Bridge 3 Denesyde, 19 Tees Crescent, South Stanley 53 Annfield Place, Annfield Plain 19 Ivy Place, Tantobie 3 Causey View, East Stanley 14 Willow Crescent, Leadgate 8 Lambton Street, Langley Park 1 Moorland Crescent, Castleside 3 Dorset Crescent, Hamsterley Colliery 8 Darling Place, South Stanley 62 Briardale, Delves Lane 13 Ewehurst Crescent, Flint Hill 47 The Crescent, Langley Park 10 Gardens, 63 The Dene, Medomsley 36 Springwell Avenue, Langley Park 97 Westfields, Stanley 8 Road, Delves Lane 36 Gloucester Road, Delves Lane 29 Woody Close, Delves Lane 105 Newburn Road, Shield Row 10 Fonteyn Place, South Stanley 11 Felltop, Blackhill 41 Hamsterley Gardens, Annfield Plain 48 Denecrest, Medomsley 12 St. Andrews Close, Blackhill 92 Chaytor Road, Bridgehill 48 Park Villas, Leadgate 4 Grampion Court, Annfield Plain 65 Acton Dene, East Stanley 17 Valley Drive, Esh Winning 34 Lumley Drive, Delves Lane 12 Wansbeck Avenue, South Stanley 47 Eastern Avenue, Langley Park 18 Frosterley Gardens, Annfield Plain 71 Park Drive, Langley Park 62 Manor Grange, Lanchester 11 Elmdale Road, Consett 57 Lilac Crescent, 95 Deneside, Lanchester

50 21 Saxon Terrace, Consett 6 Phoenix Court, Blackhill 36 South View, Craghead 31 Beech Grove, Burnhope 159 Hollyhill Gardens West, South Stanley 25 The Chesters, Ebchester 59 Acton Dene, East Stanley 43 Briardene, Esh Winning 29 Kipling Close, Stanley 5 Whitehouse Avenue, Burnhope 53 Iveston Road, Delves Lane 40 Burnhopeside Avenue, Delves Lane 14 Holmlea, Burnhope 18 Deerness Grove, Esh Winning 60 Thornfield Road, The Grove 54 Sunningdale, Delves Lane 10 Pixley Dell, Delves Lane 58 Hollyhill Gardens East, South Stanley 4 Tweed Terrace, South Stanley 13 Keats Close, Stanley 19 Constable Close, Stanley 1 Pontopsyde, Dipton 19 Valley Drive, Esh Winning 16 Valley Drive, Esh Winning 30 Briardene, Esh Winning 38 Thornhill Gardens, Burnopfield 11 Wordsworth Gardens, Dipton 2 Dixon Avenue, Ebchester 2 Western Hill, Blackhill (c) Transfer TC: 123 Chaytor Road, Bridgehill 6,12,16,20,23,25 and 27 Greenwood Avenue, Burnhope 11,13,14,21,24,31 and 33 Greenwood Avenue, Burnhope 81 Westfields, Stanley 10 Greenwood Avenue, Burnhope 6,12,16,20,23,25 and 27 Greenwood Avenue, Burnhope 11,13,14,21,24,31 and 33 Greenwood Avenue, Burnhope 15 Greenwood Avenue, Burnhope (d) Transfer FC: 4 Engels Terrace, South Stanley Land adjacent to A692 Consett 18 Engels Terrace, South Stanley 72 Square metres adjoining 20 Castleside View, Esh Winning 125 Sqare metres, land at Wood Street, Shotley Bridge Land adjoining 16 Tyne Avenue, Leadgate 9 Lancaster Road, Moorside 46 The Dene, Medomsley Land adjoining 35 North Leigh, Tanfield Lea 16 Cheviot Terrace, South Stanley Land at Delves Lane Industrial Estate

51 Plot 3 Pont View, Leadgate Plot 2 Pont View, Leadgate Plot 1 Pont View, Leadgate Plot 3 Pleasant View, Medomsley Plot 1 Pleasant View, Medomsley Land adjoining 57 North Magdalene, Medomsley Land at Earl Street, Catchgate Land at Dorset Crescent, Moorside 101 Dorset Crescent, Moorside (e) Contract Documents: Kitchen and Bathroom Programme 2004/05 175 Dwellings in Area (f) Deed of Rectification Plan: 31 Birch Crescent, Burnopfield Land adjoining 31 Birch Crescent, Burnopfield (g) Counterpart Lease: Park House, Lanchester (h) Discharge of Registered Charge: 13 Saxon Terrace, Consett 30 Deneside, Lanchester 16 Deerness Grove, Esh Winning 20 Arnold Close, Stanley (i) Agreement: Relating to improvement of roads fronting 9-24 Newburn Road, Shield Row Under Pension Regulations DDC, DCC and Hobson Golf Club Ltd. (j) Easement: Land North of Hustledown Road, Stanley (k) Lease: Unit 10, Derwentdale Industrial Estate, Blackhill Units 11 and 12 Derwentdale Industrial Estate, Blackhill 62 Ashfield, Blackhill 54 Ashfield, Blackhill (l) Deed of Release: Unit 10 Derwentdale Industrial Estate, Blackhill Land adjoining 25 St.Heliers Way, Stanley (m) Guarantee Bond: DDC, DCC, Hobson Golf Club Ltd and Zurich GSG Limited (n) Section 106 Agreement: Land at Ewehurst Road, Dipton (o) Nominations Agreement: DDC and Nomad Properties at Langley Park DDC and Endeavour Housing Association

52 61. TO RECEIVE ANY DECLARATIONS OF INTEREST FROM

MEMBERS:-

The Executive Director advised that there were no declarations of interest.

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62. TO RECEIVE ANY COMMUNICATIONS FROM THE

CHAIRMAN, LEADER, EXECUTIVE MEMBERS AND

HEAD OF PAID SERVICE:-

The Executive Director advised that there were no communications.

63. TO RECEIVE ANY PETITIONS FROM MEMBERS OF THE

COUNCIL:-

The Executive Director advised that there were no petitions.

64. THE ASKING AND ANSWERING OF ANY QUESTIONS

UNDER STANDING ORDER 10:-

The Executive Director advised that there were no questions under Standing Order 10.

65. TO RECEIVE AND CONSIDER ANY REPORTS AND

RECOMMENDATIONS OF COMMITTEES:-

The Executive Director advised that there were no issues to bring to the Councils attention.

54 66. TO CONSIDER ANY STATEMENTS BY THE LEADER OF

THE COUNCIL AND EXECUTIVE MEMBERS ON THE WORK

OF THE EXECUTIVE AND ANY STATEMENTS BY

COMMITTEE/PANEL CHAIRS. IT WILL BE OPEN TO ANY

MEMBER OF THE COUNCIL TO ASK QUESTIONS ON

THESE STATEMENTS:-

The Executive Director advised that there were no statements.

67. TO ADJUDICATE ON ANY “CALL-IN” ITEMS REMITTED TO

FULL COUNCIL WHERE THE EXECUTIVE HAVE NOT

ACCEPTED THE SCRUTINY COMMITTEES DECISION,

REASONS OR FINDINGS IN WHOLE OR IN PART:-

The Executive Director advised that there were no ‘call in’ items to report.

68. TO CONSIDER ANY MOTIONS OF WHICH NOTICE HAS BEEN SUBMITTED BY MEMBERS OF THE COUNCIL IN ACCORDANCE WITH STANDING ORDER 9 IN THE ORDER IN WHICH THEY ARE RECORDED AS HAVING BEEN RECEIVED:-

The Executive Director advised that no motions had been received.

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69. TO RECEIVE ANY QUESTIONS FROM, AND PROVIDE

ANSWERS TO THE PUBLIC IN RELATION TO MATTERS

WHICH, IN THE OPINION OF THE CHAIRMAN, ARE

RELEVANT TO THE BUSINESS OF THE MEETING:-

The Executive Director advised that there were questions from the public.

70. APPOINTMENT TO OUTSIDE BODIES

Council were invited to consider the appointment of a School Governor to Shield Row Primary School. RESOLVED: that Councillor A. Taylor be appointed as a School Governor of Shield Row Primary School.

71. PETITIONS

The Executive Director reported upon the following petitions, which had been received: - (i) Petition for signs to be erected in Edward Street, area.

Councillor Watson advised that the petition should be referred to the appropriate scrutiny function for consideration.

(ii) Petition to demolish the bus shelter on the corner of Fair View and Beech Grove, Burnhope.

Councillor Watson advised that demolition was to be recommended.

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(iii) Petition for Improvements to Consett Skate Park.

Councillor Watson suggested that the Youth Forum should consider the petition.

RESOLVED: that : -

(1) The petitions be received. (2) The petition in respect of Edward Street, Pickering Nook be referred to the appropriate scrutiny panel. (3) The petition in respect of the demolition of the bus shelter at Fair View and Beech Grove, Burnhope, be approved for demolition (4) The petition in relation to Consett Skate Park be referred to the Youth Forum.

72. PROCEDURE FOR LOCAL INVESTIGATION AND DETERMINATION

OF ALLEGATIONS OF BREACHES OF THE MEMBERS’ CODE OF

CONDUCT

The Director of Corporate Administration and Policy presented the report, which advised of the process involved in adopting a set of procedures which would cover local determination of complaints referred to the Council by the Standards Board for .

It was advised that it was that the Councils current procedure for local determination of complaints was not the final piece in the Ethical Framework jigsaw. The Director went on to state that it was necessary to amend the Councils procedures in line with the Local Government Act 2000 and its associated regulations, which would permit councils to investigate complaints

57 locally if the Standards Board for England considered them appropriate for local investigation.

Members were asked to consider a draft set of procedures for a local investigations and hearings into elected Members’ misconduct. It was advised that the draft procedures had been considered at the Standards Committee on the 16th December 2004 and they had been recommended for approval at Council.

The Director of Corporate Administration and Policy advised that any complaint against a Councillor for a breach of the Code of Conduct has to be referred in the first instance to the Standards Board for England. The Board has to decide whether the matters complained of would constitute a breach of the code if true, and then, whether they would merit investigation.

It was advised that once the Standards Board decide that the matter is sufficiently serious to merit investigation they have to decide whether investigation would be carried out by one of their Ethical Standards Officers or whether the Monitoring Officer of the local authority would be approached to conduct a local investigation. Members were further advised of the procedure for local investigations.

Councillor Pickersgill advised that it was his belief that the report provided a lot of misgivings and misunderstandings. Councillor Pickersgill referred to process that would be used for the determination of local investigations and in particular the open-ended time limit that could be used for an investigation. Councillor Pickersgill also requested clarification regarding the interview techniques that may be used and in particular the validity of tape-recorded interviews.

Councillor Stelling suggested that if any investigations were taking place regarding a Member, then the aforementioned Member should have a right to be informed that they were being investigated. Councillor Stelling also suggested that a greater amount of investigations should be made locally as

58 the Standards Board for England were inundated with allegations and complaints.

Councillor A. Watson advised that written clarification should be obtained from the Standards Board for England in relation to the backlog of complaints and the possibility for the local determinations of complaints.

Councillor A. Watson suggested that Members were being asked to consider local determinations that were based upon a nationally adopted model.

Councillor Little requested clarification as to whether the proposals for the determination of local investigations were in conflict with the regulations of the Regulation of Investigatory Powers Act 2000 (RIPA). The Director of Administration and Policy advised that clarification of this would be sought and Members would be informed accordingly.

Councillor C. Watson stated that individuals should have the right to be informed as to whether they have had allegations made against them or that they were being investigated. Councillor Donaghy echoed these views.

RESOLVED: that the recommendations contained within the report be noted.

Councillor McMahon left the meeting at this point.

73. COUNCIL TAX BASE

The Director of Finance presented the report, which sought approval for the Council Tax Base for the purpose of setting the Council Tax for 2005/06.

RESOLVED: that:-

(1) the report be received and the calculation of the Council Tax base for 2005/06 be approved; (2) Pursuant to this report and in accordance with the Local Authorities (Calculation of Tax Base) Regulations 1992, the

59 amount calculated by the Derwentside District Council as its Council Tax base for the year 2005/06 shall be 26,120. (3) Pursuant to this report and in accordance with the Local Authorities (Calculation of Tax Base) Regulations 1992, the amounts calculated for the Parished areas throughout Derwentside District are as follows:-

Cornsay 314 Esh 1453 Greencroft 80 516 Headleyhope 56 Lanchester 1501 Burnhope 392 43 101

74. TSUNAMI APPEAL

Councillor Watson suggested that during the months of December and January, proceeds collected from recycling materials would be donated to the Tsunami appeal. It was advised that this proposal is aimed at increasing recycling rates within the District.

RESOLVED: that the proceeds collected during December and January from recycling materials be donated to the Tsunami appeal.

75. GENERAL LICENSING COMMITTEE:- SPECIAL

RESPONSIBILITY ALLOWANCE

RESOLVED: that the Chairman and Vice Chairman of the General Licensing Committee be given a special responsibility allowance in line with the positions undertaken.

60 76. DERWENTSIDE DISTRICT COUNCIL’S IEG RETURN

The E-Government Coordinator presented a report, which sought approval for Derwentside’s IEG 2004 return.

The E-Government Coordinator advised Members that IEG had been introduced in 2000/2001 and was a five-year programme, which would run across the public sector. It was advised that all authorities are required to make an IEG return in order to receive IEG funding. It was advised that this pro-forma is used to measure the authority’s progress and highlight any problem areas.

The E-Government Coordinator recommended that Members endorse the following actions:-

• That we work with other relevant partners (County, Health, etc.) to provide joint assessments on the needs of vulnerable people.

• That once the initial assessment is complete, we produce a long-term plan to ensure all our systems are e-gif compliant.

• That after the Countywide joint CRM pilot has been assessed we produce an action plan to rollout and integrate CRM across the authority and also to join up services using Enterprise Workflow tools.

• That we assess Central Government Security protocols and the use of the Government Gateway after Derwentside’s online services have been running for a reasonable period of time (at least three months).

• That we continue to work as a part of the e- Government Partnership and approach projects in partnership wherever possible.

Councillor Bell left the meeting at this point. Councillor Pickersgill made reference to the status of the CCTV rollout and in particular progress regarding phase 3.

In response to Councillor Pickersgill, the Director of Corporate Administration and Policy advised Members of the technical difficulties that may occur during

61 CCTV rollout. Members were made aware of the reliance on other parties involved in installation. It was advised that in some cases, this could take up to twelve weeks to begin work.

Councillor Stelling made reference to the need for all Members to have computers and in particular the possibility of cutting down the volume of agenda pages with the introduction of electronic agenda’s and reports. Councillor Stelling suggested that the provision of computers in the County Council had assisted Members.

The Executive Director suggested that scrutiny should consider the issues raised by Councillor Stelling.

RESOLVED: that the recommended actions contained within the report be approved.

77. ANNUAL AUDIT AND INSPECTION LETTER

The Executive Director welcomed to the meeting, Sarah Diggle from the Audit Commission who was in attendance to present the annual audit inspection letter. Also in attendance from the Audit Commission were Gavin Barker and Paul Hepple.

Members were advised that Derwentside District Council had made good progress on all fronts. It was also advised that Derwentside were unique within Durham for the introduction of an improvement plan following the CPA inspection that incorporated ‘outward looking’ objectives as well as internal procedures.

It was advised that CPA issues were being addressed well, although some sections of environmental services could be improved. It was also advised that a link should be made between the forward revenue plan and future priorities.

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Gavin Barker advised that the Audit Letter was very positive, and notice should be taken of the improvement within the benefits section.

Reference was then made to key areas of the letter including the following: -

• Performance • Corporate Governance • Risk Management • Local Government Review Publicity • External IT Services

Members were then introduced to Paul Hepple. It was advised that Mr. Hepple would be replacing Mr. Barker as district auditor due to a rotation policy of 5 years, which was a policy of the Audit Commission. Mr. Barker thanked Members and staff for the assistance and commitment he had received during his time working with Derwentside District Council.

Councillor Watson thanked Mr. Barker for his efforts during the time spent working with the authority and subsequently welcomed Mr. Hepple to the role of district auditor.

RESOLVED: that the content of the letter be noted.

CONCLUSION OF MEETING

The meeting closed at 7.15 p.m.

Chair

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