Agenda and minutes

Apologies were received from Councillors Bawn, Bridgett, Cessford, Gallacher, Homer, Jackson and Oliver.

Minutes of the meeting of County Council held on Wednesday 7 July 2021 as circulated, to be confirmed as a true record, signed by the Business Chair and sealed with the Common Seal of the Council (see pages 9-26).

Councillor Foster commented that she was still waiting for tech support from IT. The Business Chair suggested that she needed to make an appointment to get this sorted.

RESOLVED that the minutes of the meeting of County Council held on Wednesday 7 July 2021 as circulated, be confirmed as a true record, signed by the Business Chair and sealed with the Common Seal of the Council.

Unless already entered in the Council’s Register of Members’ interests, members are required to disclose any personal interest (which includes any disclosable pecuniary interest) they may have in any of the items included on the agenda for the meeting in accordance with the Code of Conduct adopted by the Council on 4 July 2012, and are reminded that if they have any personal interests of a prejudicial nature (as defined under paragraph 17 of the Code Conduct) they must not participate in any discussion or vote on the matter and must leave the room

NB Any member needing clarification must contact monitoringofficer@northumberland.gov.uk. Please refer to the guidance on disclosures at the rear of this agenda letter.

Councillor Grimshaw declared an interest as an Advance Board member and advised she would not participate in any discussion.

ANNOUNCEMENTS by the Business Chair, Leader or Head of Paid Service.

The Business Chair was sad to report the death of former county councillor John Smith who had passed away on Saturday 28 August 2021. He had been elected to the Council in November 1999 for the Wansbeck Hirst Electoral Division and served until May 2008. He had also been a Portfolio Holder.

The Leader advised that he had nothing further to report on the plans for increasing the combined authority area though officers were talking to Government. He also wanted to make clear that the County was open to those seeking refuge from Afghanistan and the Authority was currently looking at three schemes. He hoped all members would be supportive.

CORRESPONDENCE (if any) to date of meeting.

QUESTIONS to be put to the Business Chair, a member of the Cabinet or the Chair of any Committee or Sub Committee, in accordance with the Constitution’s Rules of Procedure No.10.

Question 1 from Councillor Ezhilchelvan to Councillor Riddle  

Sycamore trees are uniquely susceptible to attacks from tree Aphids or tree lice. When such an attack happens, the tree gives out a sticky sap or honeydew throughout the season which can fall on parts of properties as far as 7-9 meters away from the tree. This sticky stuff brings in dirt and covers roof-tops and walls; Expensive conservatories closer to affected trees can be seen in many parts of Cramlington to lose their appearances and being rendered less effective. Research also shows that aphids can stay on a single tree for years. 

These are not a few isolated cases but many wards, such as Cramlington South East, have too many houses affected by these problems. NCC, from what I enquired, does not treat aphids nor respond by thinning affected trees with an urgent priority. Would the council formulate a policy that protects residents’ properties and also preserves the green environments? Given that sycamores are widely recognised as not suitable for being in residential areas, can the Woodlands Team officers be permitted to replace the aphids-affected ones with trees more suited to residential areas? Isn’t it time to consider formulating residents-friendly change of policies on this front and allot additional funds to carry through these policies? 

Councillor Riddle advised that the Authority was aware of the problems associated with aphid infestations in trees, and officers did occasionally receive complaints.? Aphid infestations were variable and were present only in a few species of?tree. Consequences of an infestation would usually be mild, but on rare occasions could be significant.? 

All requests for tree work were assessed in line with Northumberland County Council’s Trees and Woodland Strategy 2015-2020 (Growing Together) and all required tree work was?prioritised?and carried out according to the identified hazards and risks.?Any tree work identified as non-urgent?was?categorised?as either medium or low priority and works programmed accordingly.??Problems relating to aphid infestations were generally?either?categorised?as?not requiring any action,?or deemed?a low priority and, as such,?any?remedial works could only be undertaken when resources allowed.??In exceptional circumstances where infestations and their effects were severe and recurrent, remedial works would be considered. Sometimes it was possible to treat the aphids themselves rather than prune or remove the tree; removal of the tree would?only?be considered only as an action of last resort.? 

It was acknowledged?that historical planting of street trees?in residential areas had on occasions resulted in species of trees being planted which would not now be considered appropriate.? It was policy?now to carefully consider the species, location and position of trees?to be planted and to take into consideration possible after?effects such as honeydew from aphids, as well as damage to footways and?impacts on adjoining?properties.??However,?the Council was not supportive of the proposal for a?large scale?programme?of removal for poorly?selected species of?urban trees, as this would require significant additional  ...  view the full minutes text for item 6.

TO RECEIVE THE MINUTES OF THE CABINET MEETINGS HELD ON:-

(1)      Tuesday 13 July 2021 (see pages 27-38)

(2)      Tuesday 3 August 2021 (see pages 39-44)

(3)      Tuesday 17 August 2021 (see pages 45-48)

AND TO APPROVE the following resolution as it involves budget and policy framework matters requiring Council approval:-

(1)      Minute No.14 of the 13 July 2021 meeting relating to the Blyth Welding & Fabrication Training Centre

Councillor Reid declared an interest as a Director of Advance and would not vote on any matters relating to that.

RESOLVED that:-

(a)      the following minutes be received;

(1) Tuesday 13 July 2021 

(2) Tuesday 3 August 2021 

(3) Tuesday 17 August 2021 and 

(b)      the following resolution be approved as it involved budget and policy framework matters requiring Council approval:-

(1) Minute No.14 of the 13 July 2021 meeting relating to the Blyth Welding & Fabrication Training Centre

TO RECEIVE AND CONSIDER MINUTES from the following Committees:-

(1)      Corporate Services and Economic Growth OSC          (see pages 49-58)

(2)      Family and Children’s Services OSC                           (see pages 59-64)

(3)      Communities and Place OSC                                      (see pages 65-80)

(4)      Health and Wellbeing OSC                                         (see pages 81-92)

(5)      Health and Wellbeing Board                                        (see pages 93-100)

(6)      Audit Committee (to follow)                                        

(7)      Member Services Working Group                     (see pages 101-106)

(see also the following item on the agenda)

(1)Corporate Services and Economic Growth OSC 

These were presented by Councillor Dunn, who highlighted that the minutes of 2 August did not include her in the attendance. This was not correct. She also looked forward to seeing the minutes from 9 August 2021 on the next Council agenda which she had a number of concerns about.

With regard to Minute No. 6 and the briefings for ward councillors on Borderlands, Councillor Robinson asked if there was a firmer time frame than that identified in the report as he would hate to see any slippage. The Leader relied that any slippage was not due to the County Council. It was a complex procedure but he assured members the programme would be delivered. 

With regard to Minute No. 7 and the review of the whistleblowing policy, Councillor Dickinson asked if there had been any progress on this. The Chief Executive advised that the policy at the Scrutiny Committee had been in relation to staff issues and was considered as part of the workforce report. There had been some confusion at the meeting where the Chair had asked for a report back on issues in relation to members and complaints that members wished to make. Those issues were considered at the Member Services Working Group.

RESOLVED  that the minutes of the CSEG OSC be received.

(2)Family and Children’s Services OSC  

These were presented by Councillor Daley.

RESOLVED that the minutes of the FACS OSC be received.

(3)Communities and Place OSC 

These were presented by Councillor Mather.

RESOLVED that the minutes of the Communities and Place OSC be received.

(4)Health and Wellbeing OSC

These were presented by Councillor Reid.

RESOLVED that the minutes of the H&W OSC be received.

(5)Health and Wellbeing Board 

These were presented by Councillor Flux.  

Councillor Dale commended the work done by staff during the pandemic. This was echoed by both the Business Chair and the Leader and agreed that it should be acknowledged and recorded.

RESOLVED that the minutes of the H&W Board be received.

(6)Audit Committee  

These had been circulated to members the day before the meeting. At Councillor Dickinson’s request, it was agreed that they should be deferred to the next meeting to allow for proper consideration.

(7)Member Services Working Group 

These were presented by Councillor Sharp who drew members’ attention to the recommendations detailed at Minute No. 4(a). Mr Masson advised that the changes specified at the Working Group had not been attended to as yet as the recommendation was that Council adopt the policy, subject to the four bullet points revising the policy, which would also be subject to the recommendations of the Independent Remuneration Panel. It was at that point that those amendments would be made.

RESOLVED that the minutes of the Member Services Working Group be received and the recommendation detailed at Minute No. 4(a) be approved.

Motion No. 1

In accordance with Council Rules of Procedure No.10, Councillor S. Dickinson to move the following motion, received by the Democratic Services Manager on 7 July 2021:-

To bring Northumberland County Council into the 21st century and provide equality to Councillors as well as staff, it notes the following research findings:

That analysis of the 2019 Local Election results by the Fawcett Society found that only 35% of councillors in England are women, up 1% since 2018. Of the seats that were up for election in 2018, 38% went to women, up just 3 percentage points on 2014 when these seats were last contested;

That the role of a councillor should be open to all, regardless of their background, and that introducing a parental leave policy is a step towards encouraging a wider range of people to become councillors, and is also a step to encourage existing councillors who may want to start a family to remain as councillors;

That parental leave must apply to parents regardless of their gender, and that it should also cover adoption leave to support those parents who choose to adopt.

Northumberland County Council resolves:

To adopt the parental leave policy drafted by the LGA Labour Group’s Women’s Taskforce to give all councillors an entitlement to parental leave after giving birth or adopting; (see pages 107-110).

To ensure that councillors with children and other caring commitments are supported as appropriate;

To notify the LGA Labour Group that this Council has passed a motion at full Council to adopt the parental leave policy  .

Motion No.2

In accordance with Council Rules of Procedure No.10, Councillor I. Hutchinson to move the following motion, received by the Democratic Services Manager on 31 July 2021:-

“The Queen's Platinum Jubilee, marking 75 years of being our reigning monarch, is to be celebrated on the weekend of 3rd to 6th June next year. Many of the County's residents and communities will wish to celebrate this remarkable achievement, and to help them do this, Northumberland County Council Resolves to waive road closure fees for one day events on one occasion organised by Town and Parish Councils held during that weekend”.

Motion No.1

In accordance with Council Rules of Procedure No.10, Councillor S. Dickinson moved the following motion, received by the Democratic Services Manager on 7 July 2021, with an amendment to the final paragraph at the bottom of page 3 so that it read as set out in bold below:- 

To bring Northumberland County Council into the 21st century and provide equality to Councillors as well as staff,?it notes the following research findings:? 

? 

That analysis of the 2019 Local Election results by the Fawcett Society found that only 35% of councillors in England are women, up 1% since 2018. Of the seats that were up for election in 2018, 38% went to women, up just 3 percentage points on 2014 when these seats were last contested;? 

? 

That the role of a councillor should be open to all, regardless of their background, and that introducing a parental leave policy is a step towards encouraging a wider range of people to become councillors, and is also a step to encourage existing councillors who may want to start a family to remain as councillors;? 

? 

That parental leave must apply to parents regardless of their gender, and that it should also cover adoption leave to support those parents who choose to adopt.? 

Northumberland County Council resolves:? 

? 

To adopt the parental leave policy drafted by the Member Services Working Group.

To ensure that councillors with children and other caring commitments are supported as appropriate;? 

To notify the LGA Labour Group that this?Council has passed a motion at full?Council to adopt the parental leave policy??.? 

? 

Councillor Dickinson commented that this motion was about diversity, about ensuring that becoming a parent did not prevent a person from being a councillor and making it equally possible for any councillor of working age to represent their community through the implementation of a policy which 40 other councils had adopted, giving them the same rights as other employees.

Councillor Wilczek commented that since the creation of the Council in 2009, she was only the second pregnant member. She seconded the motion which was first drawn up by the LGA Labour Group’s Women’s Taskforce, and modified by the Member Services Working Group to ensure that women came forward to stand for Council positions. 32 Councils had adopted the motion, including Newcastle City Council and 7 other councils had adopted their parental leave policy and she hoped that Northumberland County Council would lead the way for business to do the same in Northumberland. A woman councillor was not entitled to any maternity leave or support after having a baby and councillors needed to encourage and empower women parents and carers to become local councillors and take on leadership positions. She urged members to support it.

A number of comments were made by members including:

·       Councillor Reid commented that a lack of parental leave policy had never been raised with him in 30 years of recruiting people to stand in local elections. Councillors were not employees and did not  ...  view the full minutes text for item 9.

Northumberland Line project: Transport and Works Act Order Resolution

To seek confirmation from the Council under section 239 of the Local Government Act 1972 for the continuation of the formal process associated with the Transport and Works Act Order (TWAO) application (the Application) submitted to the Secretary of State on 26 May 2021 in connection with the Northumberland Line project (see pages 111-122).

Northumberland Line Project: Transport and Works Act Order?Resolution? 

The report sought confirmation from the Council under section 239 of the Local Government Act 1972 for the continuation of the formal process associated with the Transport and Works Act Order (TWAO) application (the Application) submitted to the Secretary of State on 26 May 2021 in connection with the Northumberland Line project.

Councillor Ball sought clarification of the position regarding planning permissions being sought for each of the 22 bridges involved, or for any where there were public concerns. Councillor Ploszaj confirmed that all planning applications would go through the normal process.

RESOLVED that for the purposes of section 239 of the Local Government Act 1972 (as applied by section 20 of the Transport and Works Act 1992), the resolution of the Council that was passed at a meeting of the Council held on 24 February 2021 which approved the submission of the Application on 26 May 2021, be confirmed by this resolution. 

Protocols for the appointment of Honorary Aldermen and Alderwomen and for Freemen/Freewomen of Northumberland County Council

The purpose of the report is to:

(i)  reinstate the practice of appointing Honorary Aldermen/Alderwomen, and to discuss and agree a protocol for conferring the title on past Councillors from the 2021 elections onwards, subject to specific criteria. No appointments will be made at this meeting as by law, a special Council is required to be convened should this be agreed. 

(ii) to consider and approve a protocol for conferring the title of Freemen and Freewomen of Northumberland (see pages 123-132).

Protocols for the appointment of Honorary Aldermen and Alderwomen and for Freemen/Freewomen of Northumberland County Council 

The purpose of the report was to: 

(i) ?reinstate the practice of appointing Honorary Aldermen/Alderwomen,?and?to?discuss and?agree a protocol for conferring the title?on?past?Councillors?from the 2021 elections onwards,?subject to specific criteria.?No appointments will be made at this meeting?as?by law,?a special Council is required to be convened?should this be agreed.?? 

(ii) to consider and approve a protocol for?conferring the title of?Freemen and Freewomen of Northumberland.  

The Leader introduced the report and thanked the Democratic and Electoral Services Manager for her work on this report. Group Leaders had contributed to its content and it would be taken forward on a cross party basis.

Councillor Reid agreed that there had been good joint working on this. He suggested that a commemorative medal should be cast to mark the occasion which could be funded from the underspend in member expenses.

Councillor Kennedy agreed this had been a good piece of work and thanked the Leader for involving Opposition Group Leaders. He agreed that something tangible should be presented to recipients.

Councillor Hill hoped that the criteria would recognise the significant and outstanding contributions of individuals and nothing less. She felt there was a danger that the awards could be seen as patronage by the public and that they might feel the Council had better things to discuss. She felt that the most rewarding thing about being a councillor was getting things done.

Councillor Morphet commented that the report was not clear about where nominations could come from for aldermen/alderwomen and that a sufficient degree of support was too vague. The Leader replied that there were two different schemes, the internal one to recognise the long service of councillors and the other to acknowledge the outstanding contributions of those to their communities, which should be recognised with the freedom of Northumberland award. 

Councillor Dickinson commented that every member sacrificed a lot to be a councillor and it came at a cost. Those members who had held high office, where additional pressure was involved, should receive recognition. The criteria allowed for these circumstances and it should not be assumed that members who had simply been re-elected many times would get recognition. 

RESOLVED that:-

(a)      the Council agree to the reinstatement of the practice of appointing Honorary Aldermen/Alderwomen from the 2021 election onwards;

(b)      a special Council be convened to confer the title of Honorary Aldermen/ Alderwomen on those past councillors meeting the criteria;

(c )     a system to appoint Freemen and Freewomen of Northumberland be agreed; and

(d)      the Protocols attached to the report be approved. 

Members’ Allowances Scheme/Independent Remuneration Panel

The Leader requested at the Annual Council Meeting a review of members’ allowances, these having last been reviewed in 2015. This report sets out;

· the legal background to the process,

· details of the last review within the Council,

· recommendations and suggested next steps (see pages 133-138).

Members’ Allowances Scheme/Independent Remuneration Panel 

The Leader requested at the Annual Council Meeting a review of members’ allowances, these having last been reviewed in 2015. The report set out; 

· the legal background to the process, 

· details of the last review within the Council, 

· recommendations and suggested next steps 

The report was presented by the Deputy Monitoring Officer.

Councillor Dickinson asked for further detail about the proposed £600 remuneration for Panel members, and whether the additional portfolio roles would be remunerated or not. The Deputy Monitoring Officer advised that the £600 fee was per review to cover any future review needs. The Business Chair advised that the portfolio assistant roles would be remunerated.

Members raised other issues which they felt should be considered including a sickness policy, impact on the parental leave policy, remuneration for electric car use and remuneration for representing the Council at external meetings. Members were advised that these were all matters which the IRP could look at as part of its deliberations and any others should be raised with the Deputy Monitoring Officer.

RESOLVED that:-

(a)      Council note the steps taken so far within the process;

(b)      Council approve the re-establishment of an Independent Review Panel (IRP) of three members for a duration of four years;

(c)      Council endorse the appointment of John Anderson CBE as Chair of the Panel;

(d)      Council endorse the appointment of Allison Thompson as Panel Member;

(e)      authority be delegated to the Head of Democratic Services and the Monitoring Officer/Deputy Monitoring Officer in consultation with the political group leaders, to agree the process of and appointment of a third Panel Member;

(f)       Council approve the suggested Terms of Reference of the Panel namely; 

a)  To consider issues and representations relating to members’ 

remuneration and expenses including a review of current Members’ Allowances Scheme and a number of new matters not specifically provided for within the Scheme at present namely; 

i) A proposed Parental Leave Policy 

ii) The proposed payment of a special responsibility allowance to new deputy cabinet members 

iii) The provision of payment of broadband allowances 

b)  To make recommendations and provide advice to the Council with regard to the above; 

(g)      Council agree a remuneration rate of £600 per panel member, payable upon this review and any other reviews which are needed within the next four years of their appointment; and

(h)      Council receive and consider a report of the IRP after the Panel has met and prepared a report.

Proposed Constitutional Changes

Report to follow.

Proposed Constitutional Changes 

The purpose of the report was to review and update the Constitution and make related appointments. The report set out; 

·                the legal background to the process, 

·                details of the recent issues which needed consideration 

·                recommendations 

The report was introduced by the Deputy Monitoring Officer.

The Leader welcomed the proposed appointment of Mr Hunter and paid tribute to Mrs Kelly Angus who had performed the role extremely well.

A number of members spoke on this including:-

·       Councillor Reid suggested that the Constitution should only refer to job titles, not individuals. Mr Masson confirmed this would be the case.

·       Councillor Daley echoed the Leader’s comments regarding Mrs Angus. He had found her excellent to work with and she would be a huge loss to the Authority. 

·       The Business Chair agreed that Mrs Angus had been of great support to himself and Councillor Dodd at an extremely difficult time. She was a first rate officer.

·       Councillor Dickinson commented that it had been a pleasure to see Mrs Angus develop into her role and deliver an excellent election after the previous one in 2017. It had been one of the best organised counts in the middle of a pandemic and she would be very much missed not just for her skills in this area, but across the board.

·       Councillor Cartie commented that Mrs Angus had always been available to members when needed. Her expertise would be a great loss to the Council and she hoped that the Council could retain the good staff that it had.

·       Councillor Hill commented that she had always found Mrs Angus a brilliant and very helpful officer. She hoped that there had been an exit interview and that the reason why a good member of staff had left was taken on board in order to prevent the loss of other good officers, if it was something that was preventable. 

RESOLVED that Part 4.2 of the Constitution - Proper and Authorised Officers be amended in the following manner: 

·                        to appoint the Council’s Senior Service Director, Philip Hunter, as Returning Officer and Electoral Registration Officer and Proper Officer in respect of the functions specified at para 6 below; and 

·                        the Council’s Constitution be amended to reflect this appointment in the list of Proper and Authorised Officers. 

Council is invited to consider passing the following resolution:

(a) 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 item on the Agenda as it involves the likely disclosure of exempt information as defined in Part I of Schedule 12A of the 1972 Act, and 

(b) That the public interest in maintaining the exemption outweighs the public interest in disclosure for the following reasons:-

Agenda Item  

Paragraph of Part I of Schedule 12A

15       1, 3 and 4

Information relating to Information relating to any individual, information relating to the financial or business affairs of any particular person (including the authority holding that information) and information relating to any consultations or negotiations, or contemplated consultations or negotiations in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the Authority..  

AND   The public interest in maintaining this exemption outweighs the public interest in disclosure because disclosure would adversely affect the Authority’s ability to conduct its affairs.

RESOLVED:? 

? 

(a) 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 item on the?Agenda?as it involves the likely disclosure of exempt information as defined in Part I of Schedule 12A of the 1972 Act, and?? 

? 

(b) That the public interest in maintaining the exemption outweighs the public interest in disclosure for the following?reasons:-? 

? 

?The meeting adjourned at 17.40 and reconvened at 17.50 

Interim Executive Management Arrangements and Progress with Review of Future Structure

To consider a report on the above (report to follow).

Interim Executive Management Arrangements and Progress with Review of Future Structure 

The report set out information from the County Council’s Head of Paid Service regarding the interim executive management arrangements and an update on the review of the Authority’s Executive Officer Team.  The report set out arrangements that the Head of Paid Service had made to ensure that there was appropriate executive cover pending the completion of the ongoing formal review of the Authority’s staffing structure.

The Chief Executive advised that Penna had been appointed to carry out the review and it was hoped to bring proposal forward to Council in November. The report set out some potential areas of responsibility but further discussions were needed at Executive Team. A revised interim structure would be issued following those discussions. A number of officers had identified themselves for further responsibility. The Leader advised members that he supported the proposed interim structure.

Members raised a number of questions around specific areas of responsibility. The Chief Executive advised that further information would be sent to all members to provide clarity on specific areas and Executive Director leads once ongoing work was completed.

With regard to paragraph 4.9.7 of the report, Councillor Kennedy queried whether this issue had now been resolved. Ms Mitchell advised members that external legal counsel had been received on this matter and members of the Committee involved would be informed of that counsel, but it would not be appropriate to discuss the matter at full Council. The information contained in the report was a statement of fact for members’ information and could not be changed in light of the legal advice which had been received.

Clarity was sought by members on what they were being asked to do in the report. The responsibility for the organisation, appointment and management of the Authority’s staff lay with the Head of Paid Service under the Local Government and Housing Act 1989, but the report’s recommendations asked Council to note and agree the content of the report. The Deputy Monitoring Officer confirmed that it was not a function of Council to agree the staffing arrangements. The report provided information for members only to note.

The Chief Executive advised that the interim arrangements in the report were to ensure that the Authority could function with appropriate officer support in place, which it was her responsibility to do. However, she had no issue with sharing it with members for comments.

The Leader added that he completely supported the report’s proposals. These needed to be put in place as soon as possible.

Councillor Dickinson moved the report’s recommendations which was seconded by Councillor Hill, who then moved that Council move to the vote on those recommendations.

On the required number of members supporting a named vote, the votes were cast as follows:-

FOR: 54