Agenda and minutes

To consider any announcements by the Mayor in accordance with Council Procedure Rule 3(2)(ii).

The Mayor was delighted to welcome Toni Paxford who had received the Diana Award.  Toni had been part of Rotherham Council’s Youth Cabinet and in that time had been part of local, regional and national campaigns including community cohesion, mental health and awareness raising around invisible illnesses.

She had spoken up on behalf of those who were unable or not confident enough to share their voices and had been committed to making sure all young people were heard.

Toni had been presented with the prestigious accolade by Tessy Ojo, CEO of the Diana Award, and Zak Patel, CEO of high end jewellery franchise Pugata, and myself, the Mayor and Mayoress.

In addition, Rotherham had also won two national awards. The first was to Planning for the award for LLPG Address Data with Rotherham winning a Gold Performance Award for Address Data at the recent 2019 Geoplace Exemplar Awards.Local authorities must maintain a database of all residential, commercial, telecoms and utilities addresses within their area.  The data had wide usage including the emergency services so it was vital it was accurate and up-to-date.The Mayor invited Scott Thurlby to join her to receive the award.

The second was to Highways for the Data Quality and Improvement Award for Streets.The Award was for Data Quality and Improvements in recognition of the way the Council managed its street information database.This related to the information capture on the Street Gazetteer.  Data set requirements changed on a regular basis requiring constant management and inclusion of new data.  Data in the Gazetteer included street geometry, ASD’s (additional street data), sensitivities, engineering difficulties etc. The data was uploaded to Geo-place each month for verification where it had to pass various criterias as part of the Authorities Data Co-operation Agreement and current data entry conventions.  Utilities and others download the data direct from Geo-place which allowed them to plan and schedule their works on the highway, providing the data for the Electronic Transfer of Notices.  The Street Gazetteer also provided data to the Local Land and Property Gazetteer that in turn provided data that was widely used by HMRC, National Office for Statistics, emergency responders etc.Grant Williams was invited to join the Mayor to receive the award.

The Mayor was also pleased to present her activity since the last Council meeting which was attached for information to the Mayor’s letter. 

To receive the apologies of any Member who is unable to attend the meeting.

Apologies for absence were received from Councillors Allcock, Beaumont, Clark, Cusworth, Pitchley, Whysall and Wyatt.

Any communication received by the Mayor or Chief Executive which relates to a recommendation of the Cabinet or a committee which was received after the relevant meeting.

There were no communications received.

To receive the record of proceedings of the annual meetings of the Council held on 17^th and 22^nd May, 2019 and to approve the accuracy thereof.

Resolved:-  That the minutes of the meetings of the Council held on 17^th and 22^nd May, 2019, be approved for signature by the Mayor.

Mover:-  Councillor Read               Seconder:-  Councillor Watson

To report on any petitions received by the Council received by the Council and receive statements in support of petitions in accordance with Petitions Scheme and Council Procedure Rule 13.

The Mayor reported receipt of three petitions, which had not met the threshold for consideration by Council, and would be referred to the relevant Directorate for a response to be prepared:-

·         Containing 89 signatures calling on the Council to remove the Streetpride units on Brinsworth Road, Catcliffe.

·         Containing 22 signatures calling on the Council to investigate an unauthorised business use operating from domestic premises (No. 79 Dovedale Road) causing disturbance to neighbouring residents.

·         Containing 26 signatures calling on the Council to give unanimous support to the establishing of an independent panel, with the direct involvement of adult survivors of childhood exploitation and residents of Rotherham, to investigate the aftermath of intervention in Rotherham since October 2014.

To invite Councillors to declare any disclosable pecuniary interests or personal interests they may have in any matter which is to be considered at this meeting, to confirm the nature of those interests and whether they intend to leave the meeting for the consideration of the item.

There were no Declarations of Interest to report.

To receive questions from members of the public who may wish to ask a general question of the Mayor, Cabinet Member or the Chairman of a Committee in accordance with Council Procedure Rule 12.

(1)  From Mr. L. Harron asked could the Leader of the Council give one or maybe two examples of situations where he thinks it would be appropriate for the Chief Executive of Rotherham Metropolitan Borough Council (RMBC) to apologise?

The Leader of the Council responded that in broad terms if there was an issue or failure in the administration of Council policies, he would expect responsibility to sit with the with Chief Executive. However, if there was failure arising from a policy decision taken by Members, then the Leader of the Council would ultimately be accountable.

As a supplementary question, Mr Harron asked if the Leader of the Council expected the Chief Executive to apologise for any aspect of an investigation which had taken three years to complete and explain what actions had been taken to establish how information from the investigation report had allegedly been leaked to the media. In response, the Leader of the Council restated that regret on the part of the authority at the length of the investigation, but reiterated that the issues under investigation had been complex. He did not consider that there was a need for the Chief Executive to apologise beyond the apology that had previously been issued in respect of the delay in concluding the investigation.

(2)  Mr. P. Cawkwell was unable to attend the meeting so would be provided with a written response to his question.

(3)  Mr. L. Wildblood was unable to attend the meeting so would be provided with a written response to his question.

(4)  Mrs. C. Meleady, M.B.E. was unable to attend the meeting so would be provided with a written response to her question.

(5)  Mr. J. Smith asked how many complaints had been made against services commissioned by RMBC to work with victims/survivors and families since the publication of the Jay Report in August 2014 and of those complaints how many were subject to an external independent investigation?

Councillor Read replied that there had been at least two complaints of this nature that he was specifically aware of, relating to two different providers. One of these – which was raised by more than one individual and covered a number of areas of concern – was investigated externally by independent investigators. He further indicated that it was not unusual for investigations to be conducted independently of the Council where it was more appropriate for this to happen.

As a supplementary question, Mr Smith enquired what governance had been put in place by the Council under the Care Act 2014 to protect and support individuals in respect of the aforementioned investigation process. In response, the Leader of the Council confirmed that he could not respond to the specific issues raised by Mr Smith in the meeting, but would be happy to correspond further in writing outside of the meeting.

(6)  Elizabeth stated that The Rotherham Advertiser had recently reported that “Rotherham Borough Council spent almost £60,000 on conducting a flawed three year Investigation into a  ...  view the full minutes text for item 214.

Should it be necessary, in the opinion of the Mayor, to consider excluding the press and public from the meeting in relation to any items of urgent business on the grounds that private information is likely to be divulged.

There are no such items at the time of preparing this agenda.

Resolved:-  That under Section 100(A) of the Local Government Act 1972, that should the Mayor deem if necessary the public be excluded from the meeting on the grounds that any items involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of schedule 12(A) of such Act indicated, as now amended by the Local Government (Access to information) (Variation) Order 2006.

To receive a statement from the Leader of the Council in accordance with Council Procedure Rule 9.

The Leader of the Council indicated that he would forego the opportunity to provide a statement to the meeting given the warm temperature in the Council Chamber and heatwave being experienced outside of it.

To note the minutes of the meetings of the Cabinet Meeting held on 20 May and 10 June 2019.

Resolved:-  That the reports, recommendations and minutes of the meetings of the Cabinet held on20th May and 10^th June, 2019, be received.

Mover:-  Councillor Read               Seconder:-  Councillor Watson

To report on the establishment of political groups, the political balance of the Council and the entitlement of each group to seats on the authority’s committees.

In accordance with the Local Government (Committees and Political Groups) Regulations 1990, the Proper Officer reported that, since the Annual Meeting on 22^nd May, 2019, notification had been received of the operation of a new political group.

With effect from 16^th July, 2019, there were two political groups in operation on the Council – the Brexit Party Group (12 Members) and the Labour Group (48 Members) – with three non-aligned Members who were not in a political group.

There were 149 seats available on Committees, Boards and Panels to which the Labour Group was entitled to 144 seats and the Brexit Party Group to 28.  The remaining 7 seats could not be given to members of the political groups and should be allocated to the three non-aligned Councillors.

The Authority had two seats on the South Yorkshire Police and Crime Panel.  The current vacancy must be filled by a member of the Brexit Party and be appointed to by the Council. Councillors Cowles and R. Elliott of the Brexit Party Group nominated Councillor Brian Cutts to serve on the Police and Crime Panel, whilst Councillors Read and Watson of the Labour Group nominated Councillor Cowles to the same role.

Councillor Cowles indicated that if the Council were minded to appoint him to the position he would refuse to accept the appointment and would be happy for the matter of which Brexit Party Group representative should serve on the South Yorkshire Police and Crime Panel to be referred to the Secretary of State for determination. Furthermore he reiterated his view that the Brexit Party Group was entitled to nominate whomever it wished to fill its entitlement to representation on the panel.

Councillor Cutts addressed the meeting to indicate that he did not understand why he had been removed from the South Police and Crime Panel.

Councillor Read recalled the reasons why the Council in October 2018 had determined that Councillor B. Cutts had not been a suitable representative to serve on the South Yorkshire Police and Crime Panel, after a finding from the Standards and Ethics Sub-Committee that he had breached the Member Code of Conduct. Councillor Read reminded Members that the decision had been reached unanimously following the finding of the Standards and Ethics Sub-Committee. He was clear that any member of the Brexit Party Group except Councillor Cutts would have been an acceptable nomination to serve on the panel. By virtue of his failure to meet the requirements of the Member Code of Conduct, Councillor Cutts was uniquely unqualified to represent the borough.. He further referenced a petition directed to the leader of Brexit Party Group to urge him not to nominate Councillor Brian Cutts as a representative on the Police and Crime Panel, which had received in excess of 350 signatures.

Members from all sides of the Council Chamber contributed to the debate as to the suitability of both nominees, with reference being made to the previous contribution of Councillor B. Cutts to the South  ...  view the full minutes text for item 218.

To consider a recommendation from Cabinet in respect of the Council Plan Refresh 2019-20.

Further to Minute No. 151 of the Cabinet held on 20^th May, 2019, consideration was given to the report which detailed how the 2017-20 Council Plan with the core document that underpinned the Council’s overall vision, setting out headline priorities and measures that would demonstrate its delivery.

Alongside the Council Plan was the Corporate Performance Management Framework explaining to all Council staff how robust performance monitoring and management arrangements (including supporting service business plans) were in place to ensure focus on implementation.  The Performance Management Framework was refreshed in February 2019.

Services had recently reviewed their performance throughout the year in order to determine new targets for 2019-2020.  Although the 2017-2020 Council Plan was intended to cover three financial years, it was good practice to carry out an annual review of the performance measures included in it.  The refreshed performance measures and targets had been set by Services using reference to both in-year performance, benchmarking data and the priorities for the coming year.  The overall number of measures had reduced from 72 in 2018-19 to 69 for 2019-2020.

The 2019-2020 Council Plan provided an analysis of the Council’s proposed 69 measures against its 14 key outcomes.

The Leader of the Councillor and Cabinet Members provided an overview of progress against the priority areas of the plan and aspirations for the 2019-20 financial year in respect of performance and anticipated outcomes.

Resolved:-  That the Council Plan 2019-2020 be adopted.

Mover:-  Councillor Read             Seconder:-  Councillor Watson

To consider recommendations from Cabinet in respect of the Financial Outturn for 2018-19.

Further to Minute No. 25 of the Cabinet held on 8^th July, 2019, consideration was given to the report which outlined the final revenue and capital outturn position for 2018/19.

The Revenue Budget 2018/19 was approved by Council on 28^th February 2018.  A budget of £216.876m was set for General Fund services; this excluded schools budgets and Housing Revenue Account (HRA). 

The final outturn position was a balanced budget which required £3.2m less use of corporate reserves than planned for.  The original budget proposed a planned use of corporate reserves of £5.2m as part of a budget contingency of £10.0m.  Additional funding received in year, use of earmarked grants and balances and flexible use of capital receipts had resulted in a reduced call on the planned reserves leaving a balance of £3.2m available to support the budget in later years. 

The Council’s General Fund minimum balance had been increased from £11.269 to £16.812m, as a result of the planned use and profiling of reserves balances as set out in the Council’s Reserves Strategy reported in the Budget and Council Tax Report 2019/20.  The reserve was held to protect the Council against unforeseen events and realisation of contingent liabilities. 

The Housing Revenue Account had an underspend of £1.4m.  This reduced the overall amount required from reserves to balance the budget. The final drawdown from the HRA reserve was just under £11m.

The schools outturn position which was funded by the ring-fenced Dedicated Schools Grant had an underspend of £1.968m, therefore, increasing schools balances at the end of 2018/19 for the Council’s maintained schools and pupil referral units to £3.369m. 

The capital outturn showed slippage and underspend of £8.1m against the estimated spend for 2018/19 included within the Capital Programme.  Of this, £7.073m related to slippage on projects which had been factored into the revised Capital Programme 2019/20 – 2022/23.

Cabinet Members noted the financial outturn, but in doing so sought clarity on the High Needs Block and was advised the outturn at the end of March 2019 was an in-year overspend of £5.4m of which £5.1m was the High Needs Block with minor movements of £0.3m across the other blocks.

Resolved:-  (1)  That the updated financial position as set out in the report be noted.

(2)  That the updated Capital Programme as set out in paragraphs 2.65 to 2.69 of the report to 8^th July, 2019, Cabinet and Appendices A-D be approved.

Mover:-  Councillor Alam                Seconder:-  Councillor Read

To receive and approve the Overview and Scrutiny Annual Report for the 2018/19 municipal year.

Consideration was given to the report which presented the final draft of the Overview and Scrutiny Annual Report for 2018-19 for Members’ approval, having been endorsed by the Overview and Scrutiny Management Board on 3rd July, 2019.

The Overview and Scrutiny Annual Report provided a retrospective summary of the work completed and outcomes achieved by the Overview and Scrutiny Management Board and the three Select Commissions last year.  It also offered a look ahead for 2019-2020 in terms of future priorities through a headline work programme. 

In proposing and seconding the annual report, the Chair and Vice-Chair of Overview and Scrutiny Management Board, Councillors Steele and Cowles, paid tribute to the work of those councillors who had participated in the scrutiny process during the course of the 2018-19 municipal year. Reference was made to some of the notable outcomes from scrutiny activity during the year and Members were content to approve the report.

Resolved:-  That the Overview and Scrutiny Annual Report 2018-19 be approved.

Mover:-  Councillor Steele                      Seconder:-  Councillor Cowles

To note the Cabinet’s response to the recommendations arising from the scrutiny review of Modern Methods of Construction.

Consideration was given to a report for information which detailed the response of the Cabinet to recommendations arising from the review of Modern Methods of Construction (MMC) undertaken by the Improving Places Select Commission.

Councillor Beck, as Cabinet Member for Housing, welcomed the report which set out the actions to be taken by the Housing Service to progress a number of recommendations arising from the review. Members who had participated in the review also contributed to the debate to indicate that they were pleased to see the Cabinet endorsing and looking to implement the recommendations. Furthermore, Members were keen to understand the extent to which this area of work would complement the Employment and Skills Strategy which had recently been adopted by the Rotherham Together Partnership.

Resolved:-

That the Cabinet’s response to the Scrutiny Review of Modern Methods of Construction be noted.

Mover:-         Councillor Beck       Seconder:-    Councillor Steele

To receive updates from ward councillors from Maltby, Rawmarsh and Rother Vale on the activities supporting Thriving Neighbourhoods across the Borough.

Further to Minute No. 55 of the meeting of the Cabinet held on 19^th November, 2018, consideration was given to the annual Ward Updates for Maltby, Rawmarsh and Rother Vale as part of the Thriving Neighbourhoods Strategy.

Councillors Price, on behalf of the Maltby Ward, gave an update on the Ward priorities. In rising to provide an update, he welcomed the opportunity that the Thriving Neighbourhoods had given to backbench councillors to champion and advocate for their communities in the Council Chamber. He was proud to represent the people and town of Maltby and listed a number of initiatives that had taken place in the Maltby ward, including:-

·       Community litter picks and skip days

·       Working with Tenants and Residents Associations

·       Greater collaboration from the Council, South Yorkshire Housing Association, South Yorkshire Fire and Rescue Service, South Yorkshire Police, Maltby Town Council, Coalfields Regeneration Trust, local schools and faith groups.

Councillors Bird, Marriott and Sheppard, on behalf of the Rawmarsh Ward, gave an update on their Ward priorities. Councillor Bird explained that he would focus on projects in the ward that had been funded externally and referenced the establishment as a charity of the Friends of Rawmarsh and Parkgate Green Spaces, which had received £8.000 of funding from a local business, which had been used to purchase equipment for the community to use on local green spaces. He further referred to a ‘Dragons Den’ approach to providing money to local causes and reported that in excess of £35,000 had been given to 25 local groups in the ward.  Councillor Shepherd explained that he had been keen to support, with other ward councillors, various community clean up initiatives and had worked well with the Friends of Rawmarsh and Parkgate Green Spaces to collect approximately 4,000 bags of rubbish across the ward. Councillor Marriott indicated that she had not been contacted by her ward councillor colleagues to prepare for this agenda item.

Councillors Brookes and Walsh, on behalf of the Rother Vale Ward, gave an update on their Ward priorities. Councillor Walsh provided detail on the vast nature and diversity of the Rother Vale ward in respect of its geographical spread and gave examples of the kinds of initiatives that ward councillors had been involved in supporting in Thurcroft, Treeton and Waverley, which included supporting the creation of a new Waverley Parish Council, arts projects in Thurcroft and engaging with children and young people across thw ward. Councillor Brookes reflected on what a neighbourhood was and the key questions that needed to be answered by local and national policymakers to address the issues faced by communities in her ward.

Responding to the point raised by Councillor Marriott, the Deputy Leader of the Council, Councillor Watson, reminded Members that the agenda for the meeting had been publicly available for five working days prior to 24 July 2019 and that should have been ample time to prepare an update in respect of delivering against ward priorities. In addition to that, a draft of  ...  view the full minutes text for item 223.

This Council notes:-

·                This year marks the centenary of The Housing Act of 1919, which made housing a national responsibility and enabled local authorities to build their own properties for the first time. These homes were given to families with a diverse variety of needs including veterans of the First World War.

·                The then County Borough of Rotherham was one of the first Local Authorities in the country to use the powers granted in the Housing Act, building over 700 homes between 1919-1923. These homes were built to progressive design standards set out in the Tudor Walters report of 1918 and championed by Raymond Unwin; the Chief Architect of the Local Government Board who was born in Rotherham.

·                The first major development completed by the then County Borough was East Dene, with the ground cut in 1919 and the first tenant of Rotherham occupying 1, First Avenue in April 1920.

·                Rotherham Metropolitan Borough Council is embarking on the biggest Council housing delivery programme for more than a generation with 253 homes for Council rent or share ownership in the current programme (of which 36 are already built) and at least 160 planned for the next three years.

This Council resolves:-

·                To reaffirm our commitment to Council Housing and the benefits it still holds to thousands of people across Rotherham.

·                To deliver our current £57 million housing development programme whilst developing future plans to meet demand.

·                To increase the number of new homes in the Town Centre.

·                To examine the opportunities to provide further homes in the borough presented by the government’s decision to lift the borrowing cap on the Housing Revenue Account.

·                To increase the number of care and support ready housing options available for Council rent.

·                To work with local housing providers and seek partnerships in the private sector to help address key issues such as homelessness and specific care and support needs.

Mover:-  Councillor Beck                            Seconder:-  Councillor Watson

Proposed by Councillor Beck and seconded by Councillor Watson:-

This Council notes:-

·         This year marks the centenary of The Housing Act of 1919, which made housing a national responsibility and enabled local authorities to build their own properties for the first time. These homes were given to families with a diverse variety of needs including veterans of the First World War.

·         The then County Borough of Rotherham was one of the first Local Authorities in the country to use the powers granted in the Housing Act, building over 700 homes between 1919-1923. These homes were built to progressive design standards set out in the Tudor Walters report of 1918 and championed by Raymond Unwin; the Chief Architect of the Local Government Board who was born in Rotherham.

·         The first major development completed by the then County Borough was East Dene, with the ground cut in 1919 and the first tenant of Rotherham occupying 1, First Avenue in April 1920.

·         Rotherham Metropolitan Borough Council is embarking on the biggest Council housing delivery programme for more than a generation with 253 homes for Council rent or share ownership in the current programme (of which 36 are already built) and at least 160 planned for the next three years.

This Council resolves:-

·         To reaffirm our commitment to Council Housing and the benefits it still holds to thousands of people across Rotherham.

·         To deliver our current £57 million housing development programme whilst developing future plans to meet demand.

·         To increase the number of new homes in the Town Centre.

·         To examine the opportunities to provide further homes in the borough presented by the government’s decision to lift the borrowing cap on the Housing Revenue Account.

·         To increase the number of care and support ready housing options available for Council rent.

·         To work with local housing providers and seek partnerships in the private sector to help address key issues such as homelessness and specific care and support needs.

On being put to the vote, the motion was carried unanimously.

To receive and consider reports, minutes and recommendations of the Health and Wellbeing Board.

To confirm the minutes as a true record.

Resolved:-  That the reports, recommendations and minutes of the meeting of the Health and Wellbeing Board be adopted.

Mover:-  Councillor Roche             Seconder:-  Councillor Mallinder

To receive and consider reports, minutes and recommendations of the Planning Board.

To confirm the minutes as a true record.

Resolved:-  That the reports, recommendations and minutes of the meetings of the Planning Board be adopted.

Mover:-  Councillor Sheppard                   Seconder:-  Councillor Walsh

To put questions, if any, to the designated Members on the discharge of functions of the South Yorkshire Police and Crime Panel, South Yorkshire Fire and Rescue Authority, Barnsley, Doncaster, Rotherham and Sheffield Combined Authority and South Yorkshire Pensions Authority, in accordance with Council Procedure Rule 11(5).

There were none.

To put questions, if any, to Cabinet Members and Chairmen (or their representatives) under Council Procedure Rules 11(1) and 11(3).

Councillor Allen reported that in 2018/19 the Council had spent £160,292 on clearing away fly-tipping across the Borough.

In a supplementary question Councillor Elliott had asked for this information so it could be shared amongst residents and constituents as to where money was being wasted.   Some people did just not respect the rules and as Councillor Williams would know in the Wingfield ward there had been an inordinate amount of fly tipping. These incidents though have been very well dealt with in an efficient and professional manner by Streetpride for which Councillor Elliott was thankful.  However, he asked if consideration could be given to extending to residents the use of trailers and pick-ups to visit recycling sites to dispose of waste and possibly request, like neighbouring authorities, proof of residential status.  Perhaps pilot this for twelve months to see if there is any impact on flytipping.

Councillor Allen shared Councillor Elliott’s frustrations and would certainly pass onto Streetpride the suggestion.  As Cabinet Member she would endeavor to try and get a greater understanding of the situation and would share that with Councillor Elliott in writing.

Any other public items which the Mayor determines are urgent.

The Mayor advised that there were no urgent items of business requiring consideration by the Council.