Councillors to decide soon on starting 12 week consultation on closure of West Kirby and Upton fire stations

Councillors to decide soon on starting 12 week consultation on closure of West Kirby and Upton fire stations

Councillors to decide soon on starting 12 week consultation on closure of West Kirby and Upton fire stations

                                                   

Merseyside Fire and Rescue crew 2nd September 2014
Merseyside Fire and Rescue crew 2nd September 2014

A key meeting of the Merseyside Fire and Rescue Authority will decide on Thursday 2nd October 2014 whether to consult on the closure of Upton and West Kirby fire stations (on the Wirral). Fire officers are asking councillors (which includes four Wirral Council councillors) to agree on consultation on the closure plans.

If politicians agree to a consultation it will run from the 3rd October 2014 for twelve weeks.

One of the more controversial aspects to this closure plan is it involves building a new fire station on Frankby Road, Greasby on a piece of land now owned by Wirral Council (used for a library, children’s centre (there is a current consultation on closure of these run by Wirral Council), community centre and other uses.

Negotiations between Wirral Council and Merseyside Fire and Rescue Authority have been ongoing for some time. If the consultation went to plan and the other two fire stations closed, the site on which the library, community centre and children’s centre would be cleared. In its place a new fire station, library and community space would be built. Indicative floor plans might be available by the date of the meeting on Thursday.

Agreement in principle to a lease from Wirral Council to Merseyside Fire and Rescue Authority has been given by Wirral Council officers, but no action will take place until the consultation has taken place.

After the consultation, a further report will come back to the Merseyside Fire and Rescue Authority in order for a decision to happen. However closing two fire stations will lead to an increase in response times. There will however be a saving in salaries (of about £900,000 a year) by having one fire station instead of two.

Building a new fire station at Greasby will cost about ~3.45 million, however this could be offset by selling the land that Upton and West Kirby fire stations are now on. Mersey Fire and Rescue Authority is hoping to get a DCLG grant of £1.5 million towards the cost of building the new fire station and will hear back from DCLG on that towards the end of the year.

Any difference will be met from reserves built up in part by a underspend in last year’s budget. The capital costs of the project (appendix H) are being kept secret for commercial reasons (whether this is the Fire Authority itself, DCLG and/or a third-party is a little unclear).

The report and nine out of its ten appendices can be found on the Fire Authority website.

Wirral Council now have four representatives on Merseyside Fire and Rescue Authority. These are Labour (3) Cllr Denise Roberts, Cllr Jean Stapleton and Cllr Steve Niblock and Conservative (1) Cllr Lesley Rennie.

Currently the makeup of the committee that will make a decision on Thursday in Bootle comprises up of 16 Labour councillors, 1 Lib Dem councillor and 1 Conservative councillor.

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£1800 invoice to Wirral Council for barrister Sarah O’Brien in Fernbank Farm matter (Kane & Woodley)

£1800 invoice to Wirral Council for barrister Sarah O’Brien in Fernbank Farm matter (Kane & Woodley)

£1800 invoice to Wirral Council for barrister Sarah O’Brien in Fernbank Farm matter (Kane & Woodley)

                                                        

Below is the invoice received for the services of a barrister called Miss Sarah O’Brien of Exchange Chambers to Wirral Council to do with the possession order for Fernbank Farm which was heard at the Birkenhead County Court earlier this year. I requested this as part of the 2013/14 audit.

I have added annotations in green which represent information that Wirral Council either incorrectly blacked out, or should’ve blacked out or information which was blacked out but is known to me from court reporting on the issue.

Detail of redactions 1: “Professional Fees of:”
Reason incorrect: Sarah O’Brien is not an employee of Wirral Council.
Unredacted text: Sarah O’Brien

Details of redaction 2: DX 708630
Reason incorrect: partial redaction as it was meant to redact next line, DX 708630 refers to Wirral Council’s document exchange number.
Unredacted text: DX 708630

Details of redaction 3: Mr Ali Bayatti
Reason correct: Redaction correct as person is Wirral Council employee, however due to earlier court hearing name of solicitor is known. Unredacted to aid in transparency as name said during open court hearing in Birkenhead County Court (2013). Also important to know which solicitor is instructing the barrister.
Unredacted text: Mr Ali Bayatti

Details of redaction 4: AB / H19 / 25650
Reason correct/incorrect: Redaction partially correct as AB refers to Ali Bayatti. However redaction done incompetently by drawing a line in pen through after the other redactions were added as an afterthought by an accountant.
Unredacted text: AB/ H19 / 25650

Details of redaction 5: METROPOLITAN BOROUGH OF WIRRAL – V – CAROL KANE & EILEEN WOODLEY
Reason incorrect: refers to parties’ names in court case.
Unredacted text: METROPOLITAN BOROUGH OF WIRRAL – V – CAROL KANE & EILEEN WOODLEY

Details of redaction 6: “Name/info”
Reason incorrect: refers to parties’ names in court case. Unredacted KANE. Rest is unknown.
Unredacted text: KANE

Details of redaction 7: “Init” (three handwritten initials)
Reason correct: Refers to initials of Wirral Council officer.
Unredacted text:

Details of redaction 8: “Certified Correct for payment” (signature)
Reason correct: signature of Wirral Council officer.
Unredacted text:

Details of redaction 9: “To Miss Sarah O’Brien”
Reason incorrect: refers to barrister of Exchange Chambers not Wirral Council officer.
Unredacted text: To Miss Sarah O’Brien

Details of redaction 10: “Sarah Rotheram”
Reason incorrect: Does not refer to Wirral Council employee.
Unredacted text: Sarah Rotherham

Original document is below, followed by the same document with my annotations in green (although it is possible Wirral Council’s legal department have gone too far with the black pen in places).

There is a related Freedom of Information Act request to this of Ian Lewis on the Whatdotheyknow website “Use of barrister in Wirral Borough Council v. Kane and Woodley” which provides a little more detail.

redacted invoice Fernbank Farm court case Carol Kane Eileen Woodley Metropolitan Borough of Wirral
redacted invoice Fernbank Farm court case Carol Kane Eileen Woodley Metropolitan Borough of Wirral
unredacted invoice Carol Kane Eilieen Woodley Metropolitan Borough of Wirral Birkenhead County Court invoice £1800
unredacted invoice Carol Kane Eilieen Woodley Metropolitan Borough of Wirral Birkenhead County Court invoice £1800

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Expense claim forms for Councillor Pat Williams 2013 to 2014

Expense claim forms for Councillor Pat Williams 2013 to 2014

Expense claim forms for Councillor Pat Williams 2013 to 2014

                                              

Councillor Pat Williams is a Liberal Democrat councillor for Oxton ward and is Deputy Leader of the Liberal Democrat Group. Her expenses claims are for attendance at meetings of Council, the Corporate Parenting Group, the Licensing Act 2003 Subcommittee, the Attainment Subcommittee, the Wirral Awards Working Party, the Oxton Conservation Society, the Licensing Panel, the Youth Parliament, the Licensing, Health and Safety and General Purposes Committee, the Birkenhead Constituency Committee, the Community First Funding Panel (part of the Birkenhead Constituency Committee), meetings with officers, an Employment and Appointments Committee appointments panel, training, the Improvement Board and various briefings.

She is the last in the series of councillors expenses forms for 2013-14. I did also ask for the underlying information supporting these expenses claims such as petrol receipts, parking receipts, tunnel toll receipts, taxi receipts, train tickets, hotel expenses et cetera. Although I made this request as part of the audit back in August I’m still waiting! However for the twenty or so councillors one petrol receipt was provided!

In some cases I have not been given information for the correct financial year. It is certainly something I need to follow-up with officers, who blame it on Wirral Council’s HR department supplying incorrect information or not supplying it when requested!

Cllr Pat Williams expenses claim 2013 2014 page 1
Cllr Pat Williams expenses claim 2013 2014 page 1
Cllr Pat Williams expenses claim 2013 2014 page 2
Cllr Pat Williams expenses claim 2013 2014 page 2
Cllr Pat Williams expenses claim 2013 2014 page 3
Cllr Pat Williams expenses claim 2013 2014 page 3
Cllr Pat Williams expenses claim 2013 2014 page 4
Cllr Pat Williams expenses claim 2013 2014 page 4
Cllr Pat Williams expenses claim 2013 2014 page 5
Cllr Pat Williams expenses claim 2013 2014 page 5
Cllr Pat Williams expenses claim 2013 2014 page 6
Cllr Pat Williams expenses claim 2013 2014 page 6
Cllr Pat Williams expenses claim 2013 2014 page 7
Cllr Pat Williams expenses claim 2013 2014 page 7
Cllr Pat Williams expenses claim 2013 2014 page 8
Cllr Pat Williams expenses claim 2013 2014 page 8
Cllr Pat Williams expenses claim 2013 2014 page 9
Cllr Pat Williams expenses claim 2013 2014 page 9
Cllr Pat Williams expenses claim 2013 2014 page 10
Cllr Pat Williams expenses claim 2013 2014 page 10

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Expense claim forms for Councillor Tony Smith 2013 to 2014 reveal mysterious Lyndale School meeting in February 2013

Expense claim forms for Councillor Tony Smith 2013 to 2014 reveal mysterious Lyndale School meeting in February 2013

Expense claim forms for Councillor Tony Smith 2013 to 2014 reveal mysterious Lyndale School meeting in February 2013

                                        

Councillor Tony Smith (Cabinet Member for Children and Family Services) at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith, Cllr Bernie Mooney and Lyndzay Roberts
Councillor Tony Smith (Cabinet Member for Children and Family Services) at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith (Cabinet Member for Children and Family Services), Cllr Bernie Mooney and Lyndzay Roberts

Councillor Tony Smith is a Labour Party councillor for Upton ward. He is the Cabinet Member for Children and Family Services. His expense claims relate mileage claims for travel to Cabinet meetings, the Youth Parliament meeting in November 2013, Council meetings, meetings of the Health and Wellbeing Board, meetings of the Schools Forum, meetings of the Children’s Trust Board, attendance at a social workers conference at the Floral Pavilion, the meeting of 5th February 2014 to consider the Lyndale School call ins, meetings of the Youth and Play Service Advisory Committee, a safeguarding meeting at Acre Lane, meetings with staff, training sessions and a meeting with parents and “Mr D” (or possibly “Ms D” or “Mc, D”) at Lyndale School on the 1st February 2013.

Some of his claims were not allowed, all seven disallowed claims relate to Cabinet meetings.

The meeting with parents and the mysterious “Mr D” (or possibly “Ms D” or “Mc, D”) on page 7 at Lyndale School on the 1st February 2013 comes as a surprise to me and this was three weeks before Wirral Council valued the land and buildings at Lyndale School at £2,696,103.00 and many months before the plan for closing the school became known to the public just before Christmas 2013.

Could the mysterious “Mr D” (or possibly “Ms D” or “Mc, D”) referred on page 7 be David Armstrong (Wirral Council’s Assistant Chief Executive/Head of Universal and Infrastructure Services)? Mr David Armstrong has responsibilities for school assets such as the land and buildings is on or does it refer to someone else? Who were the parents and the mysterious “Mr D” (or possibly “Ms D” or “Mc, D”) that Cllr Tony Smith met with at Lyndale School? What was talked about at this meeting and what was it about?

UPDATED 15:51 Lyndale School visitors’ book shows that Cllr Tony Smith, Julia Hassall and Dawn Hughes all signed the visitors’ book around the same time on that day. It is possible that Cllr Tony Smith is referring to parents + Mc (referring to Alison McGovern MP) and D (referring to Dawn Hughes).

Back in February 2014 David Armstrong denied he had visited the school and that anyone else in his team had gone to look at Lyndale School.

David Armstrong stated at a public meeting on the 27th February 2014 “I can honestly say Councillor Fraser that I don’t know the answer because I’ve deliberately because I don’t want it to confuse the debate and become a distraction, we have done no action whatsoever looking at the Lyndale site.

I said to Pat this evening after the parents spoke at the last meeting, I would very much like to have visited the school and have a look around, so I did talk to Pat but also to remind myself about the school as I was a mainstream teacher.

I deliberately haven’t done that because if I go to the school particularly with my current monitoring responsibilities everyone will think I’ve come to look at the building or look at the site or look at the land. I know the area that the site occupies but genuinely myself and no one else in my team that work with me would have come to look at the site. So I couldn’t actually quote that figure tonight.”

and

“I tried to explain, that I am known as the asset person in the Council and currently I have all the baggage and tags that go with that. There has been no work done on looking to dispose of the site.”

Below are the nine pages of expenses forms submitted by Councillor Tony Smith.

Updated 20/10/2014 Wirral Council provided a further six pages of expenses forms for Councillor Tony Smith which can be viewed here.

Cllr Tony Smith expenses claim 2013 2014 page 1
Cllr Tony Smith expenses claim 2013 2014 page 1
Cllr Tony Smith expenses claim 2013 2014 page 2
Cllr Tony Smith expenses claim 2013 2014 page 2
Cllr Tony Smith expenses claim 2013 2014 page 3
Cllr Tony Smith expenses claim 2013 2014 page 3
Cllr Tony Smith expenses claim 2013 2014 page 4
Cllr Tony Smith expenses claim 2013 2014 page 4
Cllr Tony Smith expenses claim 2013 2014 page 5
Cllr Tony Smith expenses claim 2013 2014 page 5
Cllr Tony Smith expenses claim 2013 2014 page 6
Cllr Tony Smith expenses claim 2013 2014 page 6
Cllr Tony Smith expenses claim 2013 2014 page 7
Cllr Tony Smith expenses claim 2013 2014 page 7
Cllr Tony Smith expenses claim 2013 2014 page 8
Cllr Tony Smith expenses claim 2013 2014 page 8
Cllr Tony Smith expenses claim 2013 2014 page 9
Cllr Tony Smith expenses claim 2013 2014 page 9

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Objection to Traffic Regulation Order (KO) for Birkenhead Market Service Road

Objection to Traffic Regulation Order (KO) for Birkenhead Market Service Road

Objection to Traffic Regulation Order (KO) for Birkenhead Market Service Road

                                              

Proposed traffic regulation order public notice (Birkenhead Market Service Road) 9th July 2014
Public notice of proposed traffic regulation order (9th July 2014) Wirral Globe Birkenhead Market Service Road

Below is our objection to the proposed traffic regulation order for Birkenhead Market Service Road. If you wish to also object the closing date is Friday 26th September 2014. A copy of the plan of which parts of the Birkenhead Market Service Road will be affected by the proposed Traffic Regulation Order can be downloaded from here. These plans are provided under the “fair use” provisions for news reporting in s.30 of the Copyright, Designs and Patent Act 1988 c.48 and have already been provided to the public but are copyrighted by Ordnance Survey.

Surjit Tour,
Wallasey Town Hall
Brighton Street,
Seacombe
CH44 8ED

134 Boundary Road,
Bidston,
Wirral
CH43 7PH

Dear Surjit Tour,

Your reference: KO (proposed traffic regulation order for Birkenhead Market Service Road)

Below are our objections (from both John and Leonora Brace) to the proposed traffic regulation order for Birkenhead Market Service Road which is being consulted on (the consultation closes on 26th September 2014).

The public notice for the proposed traffic regulation order was first published in the Wirral Globe on the 9th July 2014 with a closing date for objections of the 1st August 2014. However as a copy of the proposed order, Council’s statement of reasons and map had not been made available to the One Stop Shop, Town Hall, Seacombe when we visited on the afternoon of the 9th July 2014, it was agreed that in order for the Council to comply with the Regulation 7(3) of SI 1996/2489 that a further public notice would appear in the local press (with the necessary documents being sent to Council offices for inspection by the public during the consultation period).

This notice was published in the Wirral Globe on the 3rd September 2014. A meeting was held on site to discuss the proposed traffic regulation order on the afternoon of 17th September 2014 at which Leonora Brace, John Brace and two Wirral Council officers were present. This meeting gave an opportunity for both sides to discuss the outstanding objections we had to the readvertised traffic regulation order and to observe levels of parking in the area of the Birkenhead Market Service Road at that time.

The reasons behind the proposed traffic regulation order were explained to us by officers. The effect of the traffic regulation order (if agreed) would be to prevent parking by Blue Badge holders, as all of Birkenhead Market Service Road that was not a loading bay would have a “No waiting and no loading at any time” restriction (known as double yellow lines with kerb blips which prevents parking by Blue Badge users).

If agreed, it would displace those drivers with a Blue Badge that can park there for up to three hours to elsewhere in the area of Birkenhead Market. Although Blue Badge users can park in Council car parks without any restriction on length of stay, at the time of the site visit the nearest Blue Badge spaces in the Council car park next to Birkenhead Bus Station were all in use.

The Pyramids multi-storey car park was referred to by officers both by email and during the site visit as a potential solution to the displaced parking that would result, however it was confirmed to me by a member of the Pyramids staff that although parking there is free on a Sunday, that during Monday to Saturday a charge is made for parking. We were both told that the Pyramids Shopping Centre is one of the two bodies that are funding this traffic regulation order (the other being the organisation that runs the Birkenhead Market Hall).

During the site visit, one of the stall holders at Birkenhead Market expressed concern over the potential effect on his customers. It was clear there was confusion about the proposed traffic regulation order and there had been no consultation with each stall holder at Birkenhead Market to explain the proposed changes.

Individual stall holders have a sublease which allow them to park for up to an hour in the Birkenhead Market Service Road. Their rights are detailed in the sublease between Birkenhead Market Limited and Birkenhead Market Services Limited (which is defined in the lease as an overriding lease) and the obligations towards stallholders are specified in section 1.1 (Right to use half width of access road) and 1.2 (Rights over Market Loading Bays). There is also a lease between Wirral Council and Birkenhead Market Limited dated 31st July 2003.

Some stall holders are also in receipt of a Blue Badge, therefore can now park in some stretches of the Birkenhead Market Service Road for up to three hours. However if the proposed traffic regulation order is agreed, these disabled stall holders will be restricted to only the hour they are now granted under the sublease.

During the period of consultation on this traffic regulation order, a car parking review was undertaken by councillors which reported back to councillors on the Regeneration and Environment Policy and Performance Committee on Monday 22nd September 2014. One of the recommendations to a future Cabinet meeting agreed at that meeting was “Cabinet approves the following ‘Objectives’ and ‘Principles’ which should provide a guiding framework for any future Car Parking strategy.” which included the following objective relevant to this objection:

“To provide sufficient numbers of disabled parking spaces in good proximity to shops and services.”

Whereas we realise that this recommendation is yet to be agreed by a meeting of Wirral Council’s Cabinet, the traffic regulation order as proposed would prevent parking for Blue Badge holders in the Birkenhead Market Service Road (whether customers, market stall holders or others) and displace these drivers elsewhere. As observed on the site visit, the nearest disabled parking spaces in the car park by Birkenhead Bus Station were all in use, which would force drivers with mobility problems further away from where they shop or work. The lack of spaces nearby could displace these drivers to the Pyramids car park where on a Monday to Saturday they would be charged for parking.

It is understood that a minority of careless drivers who do park in an obstructive way in the Birkenhead Market Service Road and that this can cause problems for commercial traffic wishing to load and unload. However there are existing powers to traffic wardens and the police to deal with such matters and the existing Blue Badge holders parking responsibly shouldn’t be penalised for the actions of other drivers and forced to park elsewhere!

The public notice about this traffic regulation order published in the press on Wednesday 9th July 2014 details five proposed sections on Birkenhead Market Service Road of over thirty metres of “No Waiting” and four restrictions on stretches on the Birkenhead Market Service Road of over 30 metres in “parking bays” with an exemption in the parking bays for goods vehicles.

Regulation 9 of SI 1996/2489 states that if the proposed traffic regulation order prohibits loading and unloading by vehicles of any class for a total distance of more than thirty metres out of fifty metres on one side of any length of road and an objection is made, then a public inquiry has to be held before making such an order.

If Wirral Council agrees with us that a public inquiry should be held on this matter, then the regulations require a further public notice published in the local press at least three weeks before the inquiry is held.

Our last points are that Wirral Council has duties under various pieces of legislation (Equality Act 2010 c.15, Disability Discrimination Act 2005 c.13 and Disability Discrimination Act 1995 c.50) not to discriminate against the protected minority of disabled people in the way it carries out its procedures and policies. The traffic regulation order, if agreed, would prevent disabled shoppers in receipt of a Blue Badge parking in the Birkenhead Market Service Road. It would also restrict disabled market stallholders in receipt of a Blue Badge parking in the Birkenhead Market Service Road from the current three hours they have to the one hour that they are granted under the sublease. It appears that this latter group of people has not been directly consulted in this matter.

For these reasons, whereas we both understand the commercial reasons why the Pyramids and Birkenhead Market Hall want Wirral Council to grant a traffic regulation order to help deal with obstructive parking on the Birkenhead Market Service Road, we formally object to the proposed traffic regulation order and look forward to hearing from you in the near future about how you wish to proceed in this matter.

Yours sincerely,

John and Leonora Brace
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