Agenda and minutes

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

The Mayor welcomed everyone to the meeting. He passed on his thanks and congratulation to all those involved in helping the Council win the LGC award for Most Improved Council at the ceremony in July 2022. The awards celebrated the achievements of officers and politicians in local government and the judges had unanimously agreed “that, from a rock bottom position it is possible to rebuild the trust of the community through understanding, courage and openness” and as such, recognised Rotherham as the Most Improved Council. The judges also recognised the humility shown in ensuring the journey was not yet complete.

The Mayor asked Members to join him in congratulating both the Military Community Veterans Centre and Rotherham Friends Indeed on being awarded the Queens Award for Voluntary Service. Vicky Hartley, Member and Civic Support Manager, had also received a High Sheriffs Award for service to Veterans. The Mayor offered his congratulations.

Full activity details from the Mayoral diary were contained in Appendix A of the Mayor’s Letter and included:

-       A 100^th birthday celebration

-       Attendance at the quarter finals of the Women’s Euros

-       A visit to the Lighthouse Homes Homeless Hostel

-       Attendance at the Cutler’s Feast in Sheffield

-       Yorkshire Day celebrations in Keighley

-       Attendance at the Rotherham Show

-       A radio interview on the Pakistan Floods

-       Attendance at the Apprentice of the Year Awards

-       Attendance at the installation of the New Curate at Thrybergh

-       Attendance at Aston Local History Fair

-       Attendance at Crossroads Care Masquerade Ball

-       Magna Summer Reading Challenge

-       Charity Badminton at Rotherham Leisure Complex.

Following the death of Her Majesty the Queen, the Mayor was proud to deliver the proclamation of His Majesty, King Charles III outside of Rotherham Town Hall. The Deputy Mayor represented the Borough at the County-wide proclamation in Sheffield. The Mayor and Deputy Mayor also attended memorial services for her late Majesty.

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

Apologies for absence were received from Councillors Barley, Castledine-Dack and Ellis.

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 ordinary meeting of the Council held on 20th July, 2022, and to approve the accuracy thereof.

At the meeting a correction to the Minutes was requested. Minute 56, Question 24 should read, “As Councillor Alam was not present at the meeting, a written response would be provided to Councillor Tarmey”.

Resolved:- That the Minutes of the meeting of Council held on 20th July, 2022, as corrected, be approved for signature by the Mayor.

Mover:- Councillor Read                         Seconder:- Councillor Allen

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 introduced the report and confirmed the receipt of 2 petitions received since the last Council meeting:

-         Containing 27 signatures calling on the Council to revise the conditions for asking questions at public meetings.

-         Containing 349 signatures calling on the Council to address the traffic congestion at Hellaby and Bramley on Bawtry Road approaching J1 of the M18.

The lead petitioner for the ‘questions at public meetings’ petition was not in attendance at the meeting.

The lead petitioner for the ‘traffic congestions on Bawtry Road’ petition, Mrs Ann Rowley, attending the meeting and presented her petition to Council and read out a statement.

Resolved:-

1)    That the report be received.

2)    That the relevant Strategic Director be required to respond to the lead petitioners, as set out in the Petition Scheme, by Wednesday, 19th October, 2022.

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 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.

There were no public questions.

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 were no items that required the exclusion of the press and public.

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

The Leader provided an update on a number of subjects. Since the last meeting the Council had received a “Good” Ofsted rating across the board. Inspectors said that “Children’s Services are a clear priority for the Council” and there was a “whole Council commitment to children and families in Rotherham, and a learning culture is set from the top”. The Ofsted report praised the way that social workers supported vulnerable children and kept them safe. Keeping vulnerable children and families safe was the Council’s top priority. The Leader recorded his personal thanks to Councillor Cusworth, Suzy Joyner and the whole team for their continuous great work.

The first scheme in the Council’s £4m Towns and Villages Fund programme had been completed in Greasbrough, linking Greasbrough Park and the nearby Recreation Ground through the creation of a new green corridor. 23 separate schemes will be implemented over the next 2 years and 2 schemes were underway.

Work had also been completed at Keppel’s Column and Herringthorpe Athletics track whilst the new SEMH School at Dinnington had taken its first pupils.

The Leader provided a Covid-19 update as cases were rising nationally. 35 people were in hospital in Rotherham with infections in the week prior to the Council meeting. The Leader urged everyone who was contacted by the NHS with regards to their booster jabs to get theirs as soon as possible. Whilst it was hoped that the darkest days of the pandemic were past, everyone still had a role to play to keep themselves and their families and friends safe.

To note the minutes of the Cabinet meeting held on 11^th July 2022.

Councillor Bennett-Sylvester referenced Minute No. 19 on Page 87, Minute No. 26 on Page 96 and Minute No. 27 on Page 95 and asked the following questions:

1.  As a Ward Councillor it was difficult to engage with developers, particularly in relation to Social Value, regarding the Chesterhill project. One scheme had been suggested for Rawmarsh which was not helpful to the residents of Thrybergh. What more could be done to increase member involvement and oversight on that?

2.  There were plenty of neighbourhoods that were receiving hard cash in terms of the Community Infrastructure Levy which was not the same in deprived areas. Could such Social Value contributions be transferred to more deprived neighbourhoods to help them develop?

3.  In terms of the Housing Development Strategy, the Chesterhill development should be 80% full according to the original development plan. However, no one was yet to move in. Other residents have been told that they would be moving to the Wise Living development in November, but this had been delayed to March. What more could be done to co-ordinate with Members so that they could advise communities accordingly, especially since this related to social housing?

Councillor Brookes confirmed she would provide a written response in relation to the delay with the Chesterhill development.

In relation to the first 2 questions and Social Value, Councillor Brookes confirmed that a recent housing workshop had focussed on this matter. However, Councillor Brookes would pick the matter up with officers as this particular issue had been identified, particularly around how local expertise from Ward Members should be used.

Resolved:- That the reports, recommendations and minutes of the meetings of Cabinet held on 16th May and 20th June be received.

Mover:- Councillor Read                         Seconder:- Councillor Allen

To approve the the Audit Committee Annual Report 2021/22.

Consideration was given to a report that sought approval for the Audit Committee Annual Report 2021/22 that had been endorsed by the Audit Committee at its meeting held on 28th June, 2022.

It was noted that the purpose of the Audit Annual Report 2021/22 was to bring together in one document a summary of the work that had been undertaken by the Council’s Audit Committee. The production of the report complied with current best practice for audit committees and allowed the Audit Committee to demonstrate that it had fulfilled its terms of reference and to share its achievements with the Council in providing assurance about its governance, risk management and financial and business controls.

Resolved:- That the Audit Committee Annual Report 2021/22 be approved.

Mover:- Councillor Baker-Rogers            Seconder:- Councillor Cowen

To approve the recommendation from Cabinet - Safer Rotherham Partnership Plan for 2022-2025.

Consideration was given to the report which sought approval of the Safer Rotherham Partnership (SRP) Plan 2022-25. The Plan had been endorsed by Cabinet at its meeting on 20th September, 2022 after it had been considered by the Overview and Scrutiny Management Board on 14th September, 2022. OSMB had requested that officers ensure wider engagement takes place to inform future and refreshed plans, including rural communities, disabled people, minority ethnics communities and those with other protected characteristics.

Community Safety Partnerships have a statutory responsibility to prepare an annual strategic assessment to identify community safety priorities across the local area, develop a partnership plan and co-ordinate activities to address the priorities. There is also a requirement to consult and engage with communities, ensuring their views are taken into account when identifying local priorities.

A comprehensive and enhanced review process commenced from May 2021 to inform new priorities and a new SRP Plan from 2022 to 2025. The enhanced review process included the use of the Management of Risk in Law Enforcement (MoRiLE) thematic tool, which was used widely by Police and community safety partnerships. It enabled a range of strategic issues to be assessed in a structured and consistent way, using a quantitative evidence base and detailed information about current and emerging trends of crime and disorder affecting communities within the Borough. The information was derived from a range of sources including South Yorkshire Police data, data provided by Partners, open-source research, national publications and information from key stakeholders. There were 4 component parts of the MoRiLE assessment – Impact and Harm (physical/psychological/financial); Likelihood (scale/tends); Confidence (data reliability); and Organisational Position (resources and external factors such as public expectations).

The Safer Rotherham Partnership Plan and priorities for 2022-2025 were agreed by the SRP Board on 7th April, 2022, in accordance with the outcomes of the MoRiLE assessments described above and taking into account the outcomes of consultation.

Councillor Hoddinott offered her support for the Plan having been a former Chair of the Partnership. She noted the need to continually update the Plan, specifically in relation to Domestic Abuse and protecting women and young girls.

Resolved:-

1.    That the Safer Rotherham Partnership Plan 2022-25 be approved.

2.    That the requirement for scrutiny of the Safer Rotherham Partnership Annual Report, which is discharged by the Overview and Scrutiny Management Board be noted.

Mover:- Councillor Alam                         Seconder:- Councillor Allen

To approve the recommendation from Cabinet - July Financial Monitoring 2022/23.

Consideration was given to the report which provided an update on the Council’s financial monitoring position for 2022/23, based on July Financial Monitoring. The report was presented to Cabinet in September 2022 where it was agreed that, in order to give effect to the recommendations from Cabinet, consideration and approval by Council was required in relation to the recommendation relating to the Forge Island Development. This was set out in Appendix 2 to the report. Appendix 1 set out the July Financial Monitoring position to provide Members with sufficient knowledge to agree the proposals.

Council was asked to give Cabinet authority to approve amendments to the Council’s Capital Programme in relation to the Forge Island leisure development, should it be necessary in order to secure best value for the taxpayer. The Council was progressing to deliver the redevelopment of Forge Island in line with the Town Centre Masterplan, with negotiations with private sector partners now reaching the final stages ahead of construction.

Development partners had been made aware, however, of issues relating to the funding of the Scheme due to the very recent volatility of the financial markets. This could pose challenges to private funders providing up-front capital within the requirements previously agreed by the Council. As such, the Council was in conversation with the Developer and the Council’s Finance Team and Legal Team to ensure that the changes to the financial market did not negatively impact the delivery of the Project or unnecessarily increase the Council’s liabilities. 

A report was due to be presented to Cabinet on 17th October that would set out the options available to facilitate delivery. If Council approved the above-mentioned recommendation, it would allow Cabinet to choose from the full range of options for delivery, including further supplementing or replacing what was expected to be privately raised capitals with the Council’s own borrowing and capital resources. Such an option could only be agreed by Cabinet if doing so would ensure that the Council could fulfil its best value duty by financing the scheme through the most cost-effective mechanism. This was a highly time sensitive decision and there were likely to be significant additional cost pressures should Cabinet not be in a position to decide on 17th October 2022. The time pressures were due to external factors not within the control of the Council.

Members raised a number of questions on the report. These included questions on whether reassurance could be provided that the Council would get value for money; why there had been a 60 year delay; whether a cinema was still the right option; whether the decision could be delayed to allow for further scrutiny; the impact of the current financial market on the viability and future of the Scheme; how the Council could improve public confidence in the Scheme; the need for proper scrutiny; the £11.4m overspend currently forecast by the Council; the flexibility of the Scheme; the personal responsibility of the Leader for the delivery of the Scheme; the sharing of the  ...  view the full minutes text for item 70.

To approve a period of absence in line with the Elected Member Parental Leave Policy.

This report had been withdrawn prior to the meeting.

To receive updates from ward councillors from Rotherham West on the activities supporting Thriving Neighbourhoods across the Borough.

Further to Minute No. 55 of the meeting of the Cabinet held on 19th November,  2018, consideration was given to the annual Ward updates for Rotherham West as part of the Thriving Neighbourhood Strategy.

The Strategy signalled a new way of working for the Council both for Members and for staff and covered every Ward in the Borough delivered through Ward Plans developed with residents to address local issues and opportunities. Ward Members were supported by the Neighbourhood Team and worked with officers and residents from a range of organisations to respond to residents.

Update reports had been provided as part of the agenda. However, each ward Member was invited to speak.    

Councillors Aveyard, Jones and Keenan provided an update on activities in Rotherham West ward:-

-       There were 4 Ward Priorities:

·        Protect the local environment.

·        Improve the local environment (tree planting and the development of “friends of” groups to look after parks and green spaces.)

·        Support the development of projects and initiatives focussed on arts and culture.

·        Continue to support the community following COVID-19 with a particular focus on mental health and wellbeing.

-       There had been a bin amnesty with the aim of educating residents around recycling and how to use their bins correctly.

-       There had been a community skip day which was very well received.

-       Improvements had been made to the Winterhill site such as clearance of the Engine Ponds.

-       A memorial bench had been installed to celebrate the sacrifice of Ian McKay who was killed during the Falklands War.

-       Jubilee Mugs were handed out to every primary school pupil in the Rotherham West area.

-       A new football club had been established.

-       A friends of Masbrough Cemetery group had also been set up.

-       The Light Up the Night event on Ferham Park had been a major success for the community, celebrating the many artistic talents of residents.

-       A further event named Spring Forward had also been successful.

-       Other projects included the refurbishment of the BMX track; banner making and tree planting.

-       Members placed on record their thanks to their neighbourhood officers.

Resolved:

1)    That the report be noted.

Mover: Councillor Aveyard                      Seconder: Councillor Jones

To receive updates from ward councillors from Rotherham East on the activities supporting Thriving Neighbourhoods across the Borough.

Further to Minute No. 55 of the meeting of the Cabinet held on 19th November,  2018, consideration was given to the annual Ward updates for Rotherham East as part of the Thriving Neighbourhood Strategy.

The Strategy signalled a new way of working for the Council both for Members and for staff and covered every Ward in the Borough delivered through Ward Plans developed with residents to address local issues and opportunities. Ward Members were supported by the Neighbourhood Team and worked with officers and residents from a range of organisations to respond to residents.

Update reports had been provided as part of the agenda. However, each ward Member was invited to speak.    

Councillors Cooksey, Haleem and Khan provided an update on activities in Rotherham East ward:-

-         There were 5 Ward Priorities:

·        Support initiatives to help Rotherham East recover from the impacts of COVID-19.

·        Support and deliver initiatives involving local people.

·        Respond to crime and anti-social behaviour.

·        Work with local schools to support their aims and aspirations for their pupils.

·        Support initiatives which bring communities together and celebrate the diversity of Rotherham East.

-             CLP’s Social Supermarket had opened in March 2022 and was a valuable resource for local families.

-             Badsley Moor Primary School Hub aimed to work with pupils and parents, helping them to be more involved in their children’s learning.

-             There had been a request for more street lighting repairs and the redeployment of CCTV to help with crime and anti-social behaviour across the Ward.

-             The Park Road Cholera Burial Ground had been restored and was now a respectful and peaceful place to walk by.

-             An Eastwood Village Action Plan had been established.

-             An alleyway had been gated over concerns of fly-tipping, crime and anti-social behaviour.

Resolved:

1)    That the report be noted.

Mover: Councillor Cooksey                     Seconder: Councillor Haleem

That this council notes:

Since 2016 there have been many complaints to the Environment Agency around the re-permitting of the Grange landfill site at Droppingwell. Despite the valiant efforts of the Droppingwell Action Group and numerous members of the public, the works carry on, without the proper level of scrutiny and regulation of the Environment agency. This has led to dozens of complaints that have been escalated to stage2 and several are now sitting with the office of the parliamentary ombudsmen.

The council believes that:

Due to the ineffective nature of the Environment Agencies regulation, its inability to take any kind of enforcement action, the members of the public in Rotherham West and this council no longer have any confidence in the Environment Agency.

This council resolves that:

Mirroring the thoughts and wishes of the residents of Droppingwell, Blackburn and Kimberworth, this council should pass a motion of No Confidence in the Environment Agencies handling of the site.

That the Chief Executive be required to write to the head of the Environment Agency and the Government minister impressing on them the need for a full, open and transparent public enquiry into the re-permitting and ongoing lack of regulation of the site.

Proposed by Cllr Ian Jones                                    Seconded by Cllr Rob Elliot 

It was moved by Councillor Jones and seconded by Councillor Elliot:

That this Council notes:-

Since 2016 there have been many complaints to the Environment Agency around the re-permitting of the Grange landfill site at Droppingwell. Despite the valiant efforts of the Droppingwell Action Group and numerous members of the public, the works carry on, without the proper level of scrutiny and regulation of the Environment agency. This has led to dozens of complaints that have been escalated to Stage 2 and several are now sitting with the Office of the Parliamentary Ombudsmen.

The Council believes that:-

Due to the ineffective nature of the Environment Agency’s regulation, its inability to take any kind of enforcement action, the members of the public in Rotherham West and this Council no longer have any confidence in the Environment Agency.

This Council resolves that:-

-         Mirroring the thoughts and wishes of the residents of Droppingwell, Blackburn and Kimberworth, this Council should pass a motion of No Confidence in the Environment Agency’s handling of the site.

-         That the Chief Executive be required to write to the head of the Environment Agency and the Government minister impressing on them the need for a full, open and transparent public enquiry into the re-permitting and ongoing lack of regulation of the site.

It was moved by Councillor Z. Collingham and seconded by Councillor T. Collingham that the motion be amended as follows:

That this Council notes:-

Since 2016 there have been many complaints to the Environment Agency around the re-permitting of the Grange landfill site at Droppingwell. Despite the valiant efforts of the Droppingwell Action Group and numerous members of the public, the works carry on, without the proper level of scrutiny and regulation of the Environment agency. This has led to dozens of complaints that have been escalated to Stage 2 and several are now sitting with the Office of the Parliamentary Ombudsmen.

The Council believes that:-

Due to the ineffective nature of the Environment Agency’s regulation, its inability to take any kind of enforcement action, the members of the public in Rotherham West and this Council no longer have any confidence in the Environment Agency.

DELETE:-

This Council resolves that:-

-         Mirroring the thoughts and wishes of the residents of Droppingwell, Blackburn and Kimberworth, this Council should pass a motion of No Confidence in the Environment Agency’s handling of the site.

-         That the Chief Executive be required to write to the head of the Environment Agency and the Government minister impressing on them the need for a full, open and transparent public enquiry into the re-permitting and ongoing lack of regulation of the site.

INSERT

This Council resolves to:-

-         Ask the Group Leaders to jointly write to the Chief Executive of the Environment Agency (EA) to request an urgent review of all complaints made to the EA in relation to the permitting and regulation of Grange Landfill and convene a public meeting in the Borough to address these complaints and residents’ ongoing concerns.  ...  view the full minutes text for item 74.

To receive and consider reports, minutes and recommendations of the Audit Committee.

To confirm the minutes as a true record.

Resolved:- That the reports, recommendations and minutes of the meetings of the Audit Committee be adopted.

Mover: Councillor Baker-Rogers             Seconder: Councillor Cowen

To receive and consider reports, minutes and recommendations of the Licensing Board Sub-Committee.

To confirm the minutes as a true record.

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

Mover: Councillor Hughes                      Seconder: Councillor Wyatt

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 Atkin                          Seconder: Councillor Bird

To receive and consider reports, minutes and recommendations of the Staffing Committee.

To confirm the minutes as a true record.

Resolved:- That the reports, recommendations and minutes of the meeting of the Staffing Committee be adopted.

Mover: Councillor Alam                          Seconder: Councillor Allen

To receive and consider reports, minutes and recommendations of the Standards and Ethics Committee.

To confirm the minutes as a true record.

Resolved:- That the reports, recommendations and minutes of the meeting of the Standards and Ethics Committee be adopted.

Mover: Councillor McNeely                     Seconder: Councillor Griffin

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).

Councillor A. Carter: Can the spokesperson confirm that the South Yorkshire Pensions Authority has divested all funds from Russian or Belarussian-affiliated organisations and industries?

Councillor Havard: Thank you for your question Councillor Carter. As the last time you asked, trading any such assets is prevented either by sanctions or by the fact that proceeds of sale cannot be taken out of Russia. So they cannot legally be divested. If anything changed, Councillor Carter would be informed.

In his supplementary, Councillor A. Carter asked: Did the South Yorkshire Pensions Authority have assets prior to the sanctions that now cannot be divested because of the sanctions and was there a desire to divest once sanctions were lifted?

Councillor Havard explained that it was not for South Yorkshire Pensions Authority to make the decision to divest because they were part of a national pool and such decisions had to go through the Fund Manager. However the assets that South Yorkshire Pensions Authority did have were only a very small amount.

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

1.    Councillor Jones: Can you please explain to me at what point does documentation held by RMBC become “legally privileged” when subject to an FOI request?

Councillor Alam: The rules about when a document is considered to be legally privileged are set out in Section 42 of the Freedom of Information Act. 

When an FOI is requested, if the Information Governance Team believe it may be subject to Section 42, then a member of the Legal Team is always consulted to ensure the Act is applied correctly.

In his supplementary question, Councillor Jones stated that in January 2022, he had requested under on FOI for all documentation held by RMBC in relation to the access road to Grange Park. Councillor Jones was refused access to any documents after the year 2000 because they were now part of a legal bundle and, therefore, legally privileged. Councillor Jones asked for the decision to be reviewed by an independent officer. The officer stated in his reply that he had been told by Legal that the information was legally privileged. This was not an independent review as he never saw the information to make the judgement himself. Councillor Jones had since taken legal advice from a specialist solicitor who dealt with FOI’s and had been told that he could not ask to see the bundle, instruction or advice, which he did not ask for in the first place; any information held by RMBC before the bundle was created cannot be classed as legally privileged and, therefore, should have been disclosed. The legal advice stated that either the solicitors at the Council were either inexperienced in dealing with FOI requests and had mistakenly applied the legal exemption or had deliberately tried to mislead a Member of the Council. Councillor Jones asked Councillor Alam which one it was?

Councillor Alam asked Councillor Jones to send through his requests for the documents and he would look into it for him and get a reply.  

2.    Councillor Cooksey: Have the Council any plans to consider food waste recycling?

Councillor Beck: At the moment the Council have no plans to introduce kerbside collection of food waste, although national government may have to change what is required on that through legislation. That was being watched carefully. However, the Council did have processes in place for food waste currently. It went to the BDR plant which was an Anaerobic Digestion Plant whereby around 99% of waste was recycled, turned into compost or turned into energy pellets through onward movement into industry.

In her supplementary, Councillor Cooksey stated that it was her understanding the Government legislation could mean that kerbside food waste recycling could be required in the next few years. She asked that if that were to become a legal requirement, did the Council have any plans for a trial such as what was currently being done in Sheffield? This trial enabled to the Council to look at how many people would recycle food and how much was likely to be  ...  view the full minutes text for item 81.

Any other public items which the Mayor determines are urgent.

There were no urgent items to consider.