Agenda and minutes

To bestow the honour of the Freedom of the Borough on Mr Gavin Walker MBE.

At the meeting of Council on 12th January, 2022, it was resolved:

That in pursuance of the provisions of Section 249(5) of the Local Government Act 1972 and in recognition of his outstanding service to sport as an Olympic Gold Medallist Paralympian and inspiration to others facing adversity through life changing events, Gavin Walker MBE, be admitted as an Honorary Freeman of this Borough.

The Mayor stated that to be granted the title of an Honorary Freeman was a mark of distinction upon the person whom the Council wished to honour and something that had been established since 1885 as the highest honour which our Council can bestow. Awards were not just for a job well done, they were awarded because an individual had ‘gone the extra mile’ in the contribution they had made or stand out ‘head and shoulders’ above others in what they have achieved. Mr. Gavin Walker MBE had done just that for his outstanding service to sport as an Olympic Gold Medallist Paralympian and inspiration to others facing adversity through life changing events.

The Mayor was delighted to be able to celebrate this award of Honorary Freeman of the Borough with Mr. Walker MBE who was present at the meeting. A civic reception had taken place prior to the meeting

The Mayor read the following citation:

Members, in exercise of the powers conferred by Section 249(5) of the Local Government Act 1972, and pursuant to a resolution passed at the Council meeting held on 12th January, 2022, the Council hereby admits:

Mr. Gavin Walker MBE as an honorary Freeman of the Borough of Rotherham.

Mr. Walker MBE was then invited to sign the Roll of Honorary Freeman along with the Mayor and Chief Executive of the Council. He was then presented with the framed illuminated address and pendant.

Mr. Walker MBE responded by saying that he hoped the Freeman of the Borough award, along with his MBE and gold medal, would encourage people with life-changing injuries to take up sport and move forward from a traumatic accident.

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

The Mayor welcomed everyone to the meeting. A full update on Mayoral activity since the last meeting was included in Appendix A to the Mayor’s Letter. The Mayor highlighted some specific events during the meeting which included attendance at the Women’s Euro 2022 celebration event; attendance at the South Yorkshire District Trafalgar Day Parade; the celebration of Black History Month and a tour of the Town Hall by the 27^th Rotherham Scouts.

The Mayor had also joined the Lord Lieutenant of South Yorkshire at Wentworth Woodhouse for the late Queen’s Green Canopy Tree Gifting award presentation and tree planting ceremony. 

November had included events to commemorate Armistice Day and Remembrance Sunday. Numerous events had been attended by the Mayor and Deputy Mayor across Yorkshire.

The Mayor passed on his most sincere sympathies to the family of retired Lieutenant Commander Allen Dixon who had died at the age of 87 and who had been awarded the Freedom of the Borough of Rotherham in 2013. Lieutenant Commander Dixon had played a key role in the Borough and in the Armed Forces community.

Towards the end of November, the Mayor had attended the Council’s Big Hearts, Big Changes Employee awards, switched on the Christmas lights in All Saint’s Square and Wath Upon Dearne and had attended a performance of the Rotherham Symphony Orchestra at Rotherham Minster.

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

Apologies for absence were received from Councillors Barley, Baum-Dixon, Brookes, Castledine-Dack, Lelliott, Thompson and Wilson.

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 5^th October, 2022, and to approve the accuracy thereof.

At the meeting, a correction to the Minutes was requested by Councillor Andrews regarding her attendance. Councillor Andrews should have been included in the list of Members present at the last meeting.

Councillor Bennett-Sylvester advised that he had received a response from Councillor Brookes in relation to Minute No. 67.

Resolved:-

That the Minutes of the meeting of Council held on 5th October, 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 one petition since the last Council meeting:

-            Containing 23 signatures, a petition was received requesting that the Council “hold a public debate about the progress the Council has made in tackling Child Sexual Abuse (CSA) since the Jay Report in 2014.”

The lead petitioner was not in attendance at the meeting.

Resolved:-

1)    That the report be noted.

2)    That the relevant Strategic Director be required to respond to the lead petitioner, as set out in the Petition Scheme, by Wednesday, 14th December, 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.

1)    Mr. Eric Shaw – Other areas have had safety and speeding issues implemented but nothing yet in the Broom area. Could the Council address safety and speeding concerns on our roads?

Councillor Beck thanked Mr. Shaw for attending the meeting to raise this question on the important issue of road safety. When the Council review collision hotspots every year, the Broom area had not, in the last couple of years, come up. However, the Council have, very recently, set aside some funding for local Neighbourhood Road Safety Schemes. The Broom area fell within the Boston Castle Ward which was an area for potential investment over the coming year or two. Councillor Beck asked Mr. Shaw to use this opportunity to liaise with his Ward Councillors (Councillors Alam, McNeely and Yasseen) who would have an integral role in deciding where that investment would fall. Broom could, therefore, benefit from that investment moving forward. There was a chance in the coming months and year that there would be the opportunity for some improvements to help with road safety in Broom.

2)    Mrs. Jane Patching – Environmentally friendly options are available for a path providing a safer alternative for cyclists without causing disruption to other traffic and locals. The effect of increased traffic on residential roads, like Boswell Street, as drivers avoid delays caused by the proposed route, has been ignored.  Why haven’t the views of residents and alternative pathways across Herringthorpe Playing fields been considered?

Councillor Beck thanked Mrs. Patching for her question. He explained that he understood the proposed cycle route to be on Broom Road. As with most other roads in the Borough, under the Cycling Strategy and indeed the expectation of Government, cyclists had a right to safety on and enjoyment of the highway, just as much as motorists and pedestrians. That had been the centrepiece of the public consultation that was delivered towards the end of 2021 where the Council engaged with residents in that area. There was over 100 responses received and the predominant view was in favour of the Scheme.

However, Councillor Beck did take on board the thrust of the question about the use of parks and Herringthorpe Valley park specifically for use of cyclists. The main problem with that in this case was that the whole driver for the Scheme was connectivity with the Town Centre along Wellgate and then onto Broom Road for cyclists. With the use of Herringthorpe Valley playing fields and the location of the roundabout, it was felt that there would be a problem with that.

In summary, the Council has been keen over the last few years, where Government funding has come along, to create safe spaces for cyclists, particularly in and around the town centre. This Council has wanted to embrace those opportunities, and this was the case for Broom Road. The Council did understand residents viewpoints and they have purposefully sought to take onboard the views of all residents as the work has been undertaken.

In  ...  view the full minutes text for item 90.

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 stated that since the last meeting:

·       The Council’s Housing service had received TPAS ‘exemplar’ status for its engagement with tenants.

·       The Council was out to consultation on the Towns and Villages Fund investment in Aughton and Swallownest, and it had completed the scheme in Maltby West and Hellaby.

·       Works on Forge Island were underway.

·       More than a thousand children attended the celebration of the Summer Reading challenge at Magna.

·       Cabinet had approved the building of a new Day Service building for Adults with Learning Disabilities in Canklow.

·       The Council had confirmed plans for the £8m revamp of the middle of Swinton.

·       Clifton Park Museum had won a Visit England accolade.

·       Herringthorpe Stadium had officially re-opened after its recent improvements.

·       Two parts of the town centre flood defences had also opened.

·       Keppel’s Column was no longer on the Heritage At Risk Register.

·       The Council celebrated Living Wage Week and the thousands of local people who had had a pay rise because the Council committed to it.

·       The annual LEAF careers fair at Magna was held and Professor Brian Cox was welcomed back for the North Star Science Summer School, and to turn the Christmas lights on.

·       The Christmas toy appeal for children who might otherwise go without this December had been launched.

·       The new bin app had been launched.

·       The programme of Warm Welcome venues through the winter had been developed.

In response to the statement, Councillor Bennett-Sylvester asked a question in relation to the Living Wage Accreditation and the Social Care crisis. The crisis affected all aspects of life, from housing to safeguarding etc. He asked what impact the Living Wage Accreditation was having on the retention of Social Care staff?

The Leader explained that the evidence on retention would be fairly slim at this stage. It was a mixed and developing picture in terms of implementing the Living Wage amongst Social Care and the Social Care workforce. Personal Assistants in both Children and Adult Social Care should be benefitting from the Living Wage implementation that was budgeted for this year. There were contracts within the commissioning of Adult Social Care, including contracts around homecare, where it was paid. However it had not kicked though to all elements of the provision, for example when residential care beds where spot purchased. The picture on retention would continue to develop over time.

The national evidence was that, across a range of sectors, if people were earning enough money to have a reasonable standard of living, they were much more likely to stay in that employment. That was because it gave them security around their work life and home life. 

To note the minutes of the Cabinet Meetings held on 20^th September and 17^th October, 2022.

Councillor Bennett-Sylvester referenced Minute No. 41 on page 59 of the agenda pack and Minute No. 54 on page 74 of the pack and asked the following questions:

1.    Regarding the July Financial Update, would Members be able to participate and make sure budget proposals were properly tested and would not be expected to vote on budgetary amendments from the Opposition that would be provided an hour or 2 before the meeting like in 2022?

2.    Regarding day opportunities for people with High Support Needs, could the Cabinet Member comment on the consultation and what was the impact of inflation on the budget?

The Leader explained that the budget in-year, which then continued to be the challenge faced in future years, was significant at a time when it was hoped that austerity was over. The Council had started to see the beginning of green shoots again but unfortunately that could not continue. There was at least £10 million of budget pressures that were just things that had happened to the Council: the national pay award; the energy crisis and inflation. The anticipated overspend was now over £18 million and it could not stay at £18 million pounds. The Leader agreed with Councillor Bennett-Sylvester that it would have been reckless to take out £4 million from the reserves last year as proposed by the Opposition.

The Autumn statement brought a little relief in terms of Adult Social Care but provided very little else. That meant that the Council would have to take some tough decisions when it came to setting the next budget. The Leader confirmed that budget proposals would come through scrutiny in the proper way in the weeks leading up to the budget and Members would therefore have the opportunity to engage with, question and challenge those proposals and the assumptions that underlie them. The Leader, however, could not confirm that Opposition Members would not bring forward budget amendments late in the day. The Leader stated that the budget setting was a really difficult position and that meant that residents in the Borough would live, one way or another, with the consequences of the decisions made in Westminster. The Council could not afford to continue to deliver all of the services in the way in which they were currently delivered whilst maintaining the current level of Council Tax and the current level of fees and charges. That would be challenging but the Council would work to minimise the impact on residents and their pockets, but it would be a difficult few months.

Councillor Roche responded to the second question by explaining that a few months ago, he had been very confident that the funding for the project was secure. However, since the country’s financial situation was now in disarray due to “trussonomics” and the Chancellor was calling for another period of austerity, it would be difficult. However, Councillor Roche was committed to doing everything he could to get the new project built to the appropriate standard for  ...  view the full minutes text for item 93.

To inform Council of amendments to the nomination of Members to serve on Committees, Boards and Panels.

Consideration was given to the report which asked Council to agree the amendments to the nominations of Members to serve on the Committees, Boards and Panels as listed below:

-       Health Select Commission – Councillor Elliott to be removed

-       Licensing Committee – Councillor Ball to be removed

-       Licensing Board – Councillor Ball to be removed

-       Mayoral Combined Authority Audit and Standards Committee – Councillor Ball to be removed

Resolved:-

That Council agree the amendments to the nominations of Members to serve on the Committees, Board and Panels as listed above.

Mover:- Councillor Allen                         Seconder:- Councillor Read

To receive an update on the activities of the Council’s Overview and Scrutiny bodies in accordance with Council Procedure Rule 14.

Consideration was given to the report which sought to update Council on the recent scrutiny work of the Improving Lives Select Commission along with a summary of its Work Programme for 2022-23. Since the start of the Municipal Year, the Commission had focussed on Child Exploitation, Children and Young People’s Service performance outturn, Adult Safeguarding performance and Special Educational Needs and Disability provision. Future work would include activity on Adult and Children’s Safeguarding with relevant partners being invited to give account of performance in those areas.

Members of the Commission were also invited to attend a special meeting of OSMB held on 27th May, 2022 to discuss the outcomes of the independent reports into Child Sexual Exploitation undertaken by a team commissioned by the Rotherham Safeguarding Children’s Partnership and received by Council on 13th May, 2022. Members were able to question the report authors’ findings in-depth to establish how they had arrived at their conclusions and what evidence had been considered. The Review Team provided assurance that there are robust partnership processes in place to address concerns when they came in. Evidence had been provided to support that conclusion.

It was expected that the next meeting of the Improving Lives Select Commission would focus on the outcomes of the OFSTED inspection and the draft action plan. An update of the progress in the implementation of the recommendations arising from the scrutiny review of Post-Abuse Support would be presented to the Commission at a meeting early in 2023.

The Improving Lives Commission had been asked to be involved in a Local Government Association learning and development progress that was part of a wider national pilot to strengthen scrutiny of Children’s Services. The outcomes of the workshop were being built into the scrutiny work programme.

Speaking in support of the report, Councillor Pitchley, Chair of the Improving Lives Select Commission, highlighted the importance of pre-decision scrutiny as this had led to reviews of 2 major strategies: the draft Looked After Children and Care Leavers Sufficiency Strategy 2023-2028 and the Early Help Strategy. Councillor Pitchley also praised the joint working that had taken place with other Commissions and partners. Councillor Pitchley thanked her Vice-Chair, Councillor Cooksey, Members of the Commission, officers and partners for the work done so far.

Resolved:-

That the report be received and noted.

Mover:- Councillor Clark                         Seconder:- Councillor T. Collingham

To receive a report from the Head of Democratic Services.

Consideration was given to the report which presented the draft calendar of meetings for the 2023-24 and 2024-25 Municipal Years. The Council amended the Procedure Rules in the Constitution in September 2017 to require the Calendar of Meetings to be presented for approval at the Budget Council meeting. Following feedback from Members, it was agreed that a report be presented in advance of the Budget Council meeting, setting out the draft Calendars for the next 2 Municipal Years. This was to enable Members to have advanced notice of when meetings would take place.

At the Budget Council meeting in March 2023, the 2023-24 Calendar would be presented for approval. Members would also be asked to note the indicative 2024-25 Calendar. The 2024-25 Calendar was titled ‘indicative’, since the Bank Holidays and school holidays for this time period had yet to be confirmed and as such, changes could be required.

Members debated the need for more flexibility with meeting start times along with the advantages and disadvantages of evening meetings.

Resolved:-

1.    That Council note the Draft Calendar of Meetings for the 2023-24 and 2024- 25 Municipal Years.

2.    That, in accordance with the Council Procedure Rules (Part 1 – Council Meetings; Section 4 – Budget Council Meeting,) a report be brought back to Council at the Budget Council Meeting in March 2023 to formally approve the Calendar of Meetings for the 2023-24 Municipal Year and the indicative Calendar of Meetings for the 2024-25 Municipal Year.

Mover:- Councillor Allen                         Seconder:- Councillor Read

To receive updates from ward councillors from Kilnhurst and Swinton 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 Kilnhurst and Swinton 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 Cusworth and Sansome provided an update on activities in Kilnhurst and Swinton East ward:-

-       There were 5 Ward priorities:

·       Every child making the best start in life

·       Every adult secure, responsible and empowered

·       A strong community in a clean, safe environment

·       Extending opportunity, prosperity and planning for the future

·       Support for the cost of living crisis

-       A Santa’s grotto was held for the most deprived communities during Christmas 2021. Children were able to receive a free gift at no cost to families. This event also helped community cohesion. This event would be repeated for 2022 and also extended to another area of the Ward with high deprivation.

-       Funding had been provided for hot drinks at the library which was acting as a warm space.

-       75 warm packs had been purchased to be distributed to the most vulnerable residents.

-       A multi-agency meeting had been set up to understand and tackle anti-social behaviour in the precinct and library area.

-       Regular advice surgeries were held.

-       A school crossing patrol was organised by Councillor Sansome along with Councillor Wyatt on a voluntary basis to allow the school more time to recruit a permanent crossing warden.

-       Councillor Sansome had also been the local Santa, visiting all areas of the Ward during the Covid pandemic.

Councillors Cusworth and Sansome placed on record their thanks to the Neighbourhood and Housing Officers along with partners for enabling them to carry out the above mentioned activities.

Resolved:

That the report be noted.

Mover: Councillor Cusworth                    Seconder: Councillor Sansome

To receive updates from ward councillors from Swinton Rockingham 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 Swinton Rockingham 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 Wyatt and Monk provided an update on activities in Swinton Rockingham Ward:-

-       There were 5 Ward priorities:

·       Environment improvements

·       Enhancing facilities and activities for children and young people

·       Community facility/activities including celebrating local heritage

·       Addressing crime and anti-social behaviour

·       Support for the cost of living crisis

-       A number of trees had been planted to remember those lost or who suffered hardship in the Ward during the Covid-19 pandemic, for the Queen’s Jubilee and in memory of Her Majesty the Queen.

-       There was a regular team of litter pickers.

-       A big focus was also on crime including preventing theft and speeding.

-       A number of events had taken place. These included an event for the 100^th anniversary of the War Memorial and celebrations for the Jubilee.

-       A Christmas tree had been donated from the private sector and a number of other private companies contributed to improvements in the Ward.

-       There would be a Christmas grotto in the Ward.

-       Work was ongoing with the Foodbank.

-       Television’s had been rehomed to those in need.

-       Regular community skip days were held.

-       Library activities were also held along with Ward walkabouts and sporting activities.

-       Improvements had been made to Thomas Street Park.

-       A Teddy Bears Picnic was organised for the summer holidays.

Councillors Wyatt and Monk placed on record their thanks to the Neighbourhood and Housing Officers along with partners for enabling them to carry out the above mentioned activities.

Resolved:

That the report be noted.

Mover: Councillor Wyatt                         Seconder: Councillor Monk

To be moved by Councillor Read and seconded by Councillor Griffin:

That this Council notes that:-

1.    The pressure on organisations to pay their fair share of tax has never been stronger.

2.    Polling from the Institute for Business Ethics finds that “corporate tax avoidance” has, since 2013, been the clear number one concern of the British public when it comes to business conduct.

3.    Two thirds of people (66%) believe the Government and local councils should at least consider a company’s ethics and how they pay their tax, as well as value for money and quality of service provided, when awarding contracts to companies.

4.    Around 17.5% of public contracts in the UK have been won by companies with links to tax havens.

5.    It has been conservatively estimated that losses from multinational profit-shifting (just one form of tax avoidance) could be costing the UK some £17bn per annum in lost corporation tax revenues.

6.    The Fair Tax Mark offers a means for business to demonstrate good tax conduct, and has been secured by a wide range of businesses across the UK, including FTSE-listed PLCs, co-operatives, social enterprises and large private businesses.

That this Council believes that:

1.    Paying tax is often presented as a burden, but it shouldn’t be.

2.    Tax enables us to provide services from education, health and social care, to flood defence, roads, policing and defence. It also helps to counter financial inequalities and rebalance distorted economies.

3.    As recipients of significant public funding, local authorities should take the lead in the promotion of exemplary tax conduct; be that by ensuring contractors are paying their proper share of tax, or by refusing to go along with offshore tax dodging when buying land and property.

4.    Where councils hold substantive stakes in private enterprises, influence should be wielded to ensure that such businesses are exemplars of tax transparency and tax avoidance is shunned.

5.    More action is needed, however, as current and proposed new UK procurement law significantly restricts councils’ ability to either penalise poor tax conduct (as exclusion grounds are rarely triggered) or reward good tax conduct, when buying goods or services.

6.    UK cities, counties and towns can and should stand up for responsible tax conduct - doing what they can within existing frameworks and pledging to do more given the opportunity, as active supporters of international tax justice.

This Council therefore resolves to:

1.    Approve the Councils for Fair Tax Declaration.

2.    Lead by example and demonstrate good practice in our tax conduct, right across our activities.

3.    Ensure IR35 is implemented robustly and contract workers pay a fair share of employment taxes.

4.    Not use offshore vehicles for the purchase of land and property, especially where this leads to reduced payments of stamp duty.

5.    As far as possible, to undertake due diligence to ensure that not-for-profit structures are not being used inappropriately by suppliers as an artificial device to reduce the payment of tax and business rates.

6.    As far as  ...  view the full agenda text for item 99.

It was moved by Councillor Read and seconded by Councillor Griffin:

That this Council notes that:-

1.    The pressure on organisations to pay their fair share of tax has never been stronger.

2.    Polling from the Institute for Business Ethics finds that “corporate tax avoidance” has, since 2013, been the clear number one concern of the British public when it comes to business conduct.

3.    Two thirds of people (66%) believe the Government and local councils should at least consider a company’s ethics and how they pay their tax, as well as value for money and quality of service provided, when awarding contracts to companies.

4.    Around 17.5% of public contracts in the UK have been won by companies with links to tax havens.

5.    It has been conservatively estimated that losses from multi-national profit-shifting (just one form of tax avoidance) could be costing the UK some £17bn per annum in lost corporation tax revenues.

6.    The Fair Tax Mark offers a means for business to demonstrate good tax conduct, and has been secured by a wide range of businesses across the UK, including FTSE-listed PLCs, co-operatives, social enterprises and large private businesses.

That this Council believes that:

1.    Paying tax is often presented as a burden, but it shouldn’t be.

2.    Tax enables us to provide services from education, health and social care, to flood defence, roads, policing and defence. It also helps to counter financial inequalities and rebalance distorted economies.

3.    As recipients of significant public funding, local authorities should take the lead in the promotion of exemplary tax conduct; be that by ensuring contractors are paying their proper share of tax, or by refusing to go along with offshore tax dodging when buying land and property.

4.    Where councils hold substantive stakes in private enterprises, influence should be wielded to ensure that such businesses are exemplars of tax transparency and tax avoidance is shunned.

5.    More action is needed, however, as current and proposed new UK procurement law significantly restricts councils’ ability to either penalise poor tax conduct (as exclusion grounds are rarely triggered) or reward good tax conduct, when buying goods or services.

6.    UK cities, counties and towns can and should stand up for responsible tax conduct - doing what they can within existing frameworks and pledging to do more given the opportunity, as active supporters of international tax justice.

This Council therefore resolves to:

1.    Approve the Councils for Fair Tax Declaration.

2.    Lead by example and demonstrate good practice in our tax conduct, right across our activities.

3.    Ensure IR35 is implemented robustly and contract workers pay a fair share of employment taxes.

4.    Not use offshore vehicles for the purchase of land and property, especially where this leads to reduced payments of stamp duty.

5.    As far as possible, to undertake due diligence to ensure that not-for-profit structures are not being used inappropriately by suppliers as an artificial device to reduce the payment of tax and business rates.

6.    As far as  ...  view the full minutes text for item 99.

To be moved by Councillor A. Carter and seconded by Councillor Miro:

This Council notes that:

1.    Exploration for fossil fuel reserves that can only be exploited by hydraulic fracturing, or other unconventional methods, undermines action on climate change and diverts resources away from investment in a safe, secure and sustainable low carbon energy future.

2.    There are possible significant adverse impacts from both exploratory drilling and industrial scale production of fossil fuels by hydraulic fracturing, including:

a)    immediate impacts on communities living near deposits.

b)    serious long-term impacts, over a very wide area, including water shortage, water pollution and air pollution from the extraction process, in addition to the CO produced when the fuel extracted is used - as highlighted by the European Commission and the UN.

3.    That council motions prior to the last elections to the borough council have expressed this council’s opposition to fracking.

4.    In recent months the moratorium that stopped fracking throughout the country – including planned fracking within the Borough at Harthill and Woodsetts – has been under threat as a result of changes proposed by the Conservatives.

5.    When Ed Davey MP was Secretary of State for Energy and Climate Change, generation from renewable energy sources almost quadrupled. As Martin Pibworth, managing director at energy firm SSE said, “it is thanks to historic investments in renewable energy the United Kingdom has a more secure energy supply compared with our European neighbours.”

6.    That Rother Valley MP, Alexander Stafford was quoted in the Yorkshire Post in July 2022 as saying that calls to resume fracking were “siren songs devoid of reality and practical knowledge” but has since worrying stated that he will now “consider all options when it comes to fracking” (Rotherham Advertiser, October 2022)

This Council believes that:

1.    The Government should have legislated a permanent ban on fracking throughout the country.

2.    Fracking should not happen in the borough, including but not limited to the sites in Harthill and Woodsetts.

This Council therefore resolves:

1.    To reaffirm its belief that fracking is wrong.

2.    That council group leaders write to the Secretary of State, the Prime Minister, and the Members of Parliament that represent the Borough of Rotherham asking them to bring forward legislation for a permanent ban on fracking.

3.    That Council group leaders write to the MP for Rother Valley, asking him to clarify his views on Fracking within the borough.

It was moved by Councillor A. Carter and seconded by Councillor Miro:

This Council notes that:

1.    Exploration for fossil fuel reserves that can only be exploited by hydraulic fracturing, or other unconventional methods, undermines action on climate change and diverts resources away from investment in a safe, secure and sustainable low carbon energy future.

2.    There are possible significant adverse impacts from both exploratory drilling and industrial scale production of fossil fuels by hydraulic fracturing, including:

a.    immediate impacts on communities living near deposits.

b.    serious long-term impacts, over a very wide area, including water shortage, water pollution and air pollution from the extraction process, in addition to the CO produced when the fuel extracted is used - as highlighted by the European Commission and the UN.

3.    That Council motions prior to the last elections to the Borough Council have expressed this Council’s opposition to fracking.

4.    In recent months the moratorium that stopped fracking throughout the country – including planned fracking within the Borough at Harthill and Woodsetts – has been under threat as a result of changes proposed by the Conservatives.

5.    When Ed Davey MP was Secretary of State for Energy and Climate Change, generation from renewable energy sources almost quadrupled. As Martin Pibworth, managing director at energy firm SSE said, “it is thanks to historic investments in renewable energy the United Kingdom has a more secure energy supply compared with our European neighbours.”

6.    That Rother Valley MP, Alexander Stafford was quoted in the Yorkshire Post in July 2022 as saying that calls to resume fracking were “siren songs devoid of reality and practical knowledge” but has since worrying stated that he will now “consider all options when it comes to fracking” (Rotherham Advertiser, October 2022)

This Council believes that:

1.    The Government should have legislated a permanent ban on fracking throughout the country.

2.    Fracking should not happen in the Borough, including but not limited to the sites in Harthill and Woodsetts.

This Council resolves:

1.    To reaffirm its belief that fracking is wrong.

2.    That Council Group Leaders write to the Secretary of State, the Prime Minister, and the Members of Parliament that represent the Borough of Rotherham asking them to bring forward legislation for a permanent ban on fracking.

3.    That Council group leaders write to the MP for Rother Valley, asking him to clarify his views on Fracking within the Borough.

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

This Council notes that:

1.    DELETE: Exploration for fossil fuel reserves that can only be exploited by hydraulic fracturing, or other unconventional methods, undermines action on climate change and diverts resources away from investment in a safe, secure and sustainable low carbon energy future.

2.    There are possible significant adverse impacts from both exploratory drilling and industrial scale production of fossil fuels by hydraulic fracturing, including:

a)    immediate impacts on communities living near deposits.

b)    serious long-term  ...  view the full minutes text for item 100.

To be moved by Councillor Tarmey and seconded by Councillor C. Carter:

That this Council:

1. Recognises we are in the middle of the worst cost-of-living crisis in 50 years, with record breaking inflation (forecast to hit of 22.4 per cent next year) and spiralling energy costs leaving many people in Rotherham struggling to pay their household bills.
   
   
2. Recognises that high inflation, increased energy prices, and the cost-of-living crisis disproportionately affect residents with lower household incomes, as they spend a higher proportion of their disposable income on household bills and essentials like groceries.
   
   
3. Notes the decision taken in June 2022, by the then Chancellor, to impose a Windfall Tax on the profits of giant oil and gas companies for the purpose of providing limited financial support for energy bills.
   
   
4. Regrets that the Government recently decided to fund additional support for consumers in recent months through additional borrowing rather than from the record-breaking annual profits made by energy companies.
   
   
5. Notes that on 1^st April 2022 and 1^st October 2022, Ofgem increased the energy price cap by 54 per cent and 27 per cent respectively. This increased the average energy bill for a ‘typical household’ well beyond the support provided by Government (by £693 in April and £529 in October).
   
   
6. Notes that increases in the cost of energy for the residents and business of Rotherham are likely to occur in 2023 which will further compound the already disastrous impact of the cost-of-living crisis on our area; pushing thousands of local people deeper into poverty.

That this Council recognises the numerous ways in which both National and Local Government can provide support to local people to ease the burden of rising prices and fuel poverty.

Therefore, this Council resolves to:

1.    Call on the South Yorkshire Mayoral Combined Authority to hold a Cost-of-Living Emergency Summit with stakeholders including Citizens Advice, Food Banks, Local Trade Unions, Chambers of Commerce, local councils, and local MPs to explore how more local help can be provided for those struggling with the cost of living – including extending the use of discretionary payments.

2.    Ensure that free-to-access warm spaces are available within local communities over the winter months for vulnerable residents. Working with Parish Councils and the voluntary sector where required to encourage facilities such as ‘village halls’ to be open for this purpose.

3.    Investigate the feasibility bringing forward some planned improvements in the energy efficiency of council owned housing stock and all other buildings operated by the council.

4.    Require an assessment of all building management systems and user-controlled heating systems to be set to heat spaces to the minimum comfortable temperature commensurate with the use of the space (with necessary exceptions where required due to health of individuals or the nature of the service being provided).

5.    Reduce the use of energy for lighting council owned buildings at times when spaces are unoccupied and implement dimming of street lighting where safe and considered appropriate by elected members in each ward.

6.    Ask Group  ...  view the full agenda text for item 101.

It was moved by Councillor Tarmey and seconded by Councillor C. Carter:

That this Council:-

1.    Recognises we are in the middle of the worst cost of living crisis in 50 years, with record breaking inflation (forecast to hit of 22.4 per cent next year) and spiralling energy costs leaving many people in Rotherham struggling to pay their household bills.

2.    Recognises that high inflation, increased energy prices, and the cost-of-living crisis disproportionately affect residents with lower household incomes, as they spend a higher proportion of their disposable income on household bills and essentials like groceries.

3.    Notes the decision taken in June 2022, by the then Chancellor, to impose a Windfall Tax on the profits of giant oil and gas companies for the purpose of providing limited financial support for energy bills.

4.    Regrets that the Government recently decided to fund additional support for consumers in recent months through additional borrowing rather than from the record-breaking annual profits made by energy companies.

5.    Notes that on 1^st April 2022 and 1^st October 2022, Ofgem increased the energy price cap by 54 per cent and 27 per cent respectively. This increased the average energy bill for a ‘typical household’ well beyond the support provided by Government (by £693 in April and £529 in October).

6.    Notes that increases in the cost of energy for the residents and business of Rotherham are likely to occur in 2023 which will further compound the already disastrous impact of the cost-of-living crisis on our area; pushing thousands of local people deeper into poverty.

Council recognises the numerous ways in which both National and Local Government can provide support to local people to ease the burden of rising prices and fuel poverty. Therefore, this Council resolves to:

1.    Call on the South Yorkshire Mayoral Combined Authority to hold a Cost of Living Emergency Summit with stakeholders including Citizens Advice, Food Banks, Local Trade Unions, Chambers of Commerce, local councils, and local MPs to explore how more local help can be provided for those struggling with the cost of living – including extending the use of discretionary payments.

2.    Ensure that free-to-access warm spaces are available within local communities over the winter months for vulnerable residents. Working with Parish Councils and the voluntary sector where required to encourage facilities such as ‘village halls’ to be open for this purpose.

3.    Investigate the feasibility bringing forward some planned improvements in the energy efficiency of Council owned housing stock and all other buildings operated by the Council.

4.    Require an assessment of all building management systems and user-controlled heating systems to be set to heat spaces to the minimum comfortable temperature commensurate with the use of the space (with necessary exceptions where required due to health of individuals or the nature of the service being provided).

5.    Reduce the use of energy for lighting Council-owned buildings at times when spaces are unoccupied and implement dimming of street lighting where safe and considered appropriate by Elected Members  ...  view the full minutes text for item 101.

To be moved by Councillor Tinsley and seconded by Councillor Z. Collingham:

Byelaws are local laws that govern what can and cannot be done in a public area, with a fine for contravening the byelaw. Byelaws can be displayed on notices and enforced by an officer of the local authority or by the police, through magistrates’ court.

Byelaws do not create additional work for council enforcement officers and police, but instead give these another tool to use when they encounter problems or anti-social behaviour in our communities. It is expected that they would use their discretion when a byelaw is broken.

Rotherham Council has enacted byelaws covering Ulley Country Park, Thrybergh Country Park, Rother Valley Country Park and the Good Rule and Government of the Borough, but these byelaws are old and have limited scope (see example in Appendix A).

The Ministry of Housing, Communities and Local Government (MHCLG) publishes a series of ‘model byelaws’ which local authorities can use to address issues not sanctioned by other legislation. It is intended that local authorities delete / add to the model byelaws to ensure they are locally relevant. Examples of model byelaws and some of the issues they can address are:

·       Pleasure grounds, public walks and open spaces: This can be enacted in parks and other public spaces to protect plants and wildlife from harm; prohibit the damage or misuse of life saving equipment; prohibit fires; regulate horse riding, cycling, and vehicles; determine acceptable use of play equipment; and/or prohibit swimming.

·       Pleasure fairs: This can be enacted to regulate the opening hours, cleanliness, provision of toilets, etc of fairgrounds.

·       Good rule and government: This can be enacted across the borough to prohibit the damage or misuse of life saving equipment; prohibit dangerous games near roads; prohibit driving or parking on road margins/verges; and/or prohibit urination in public (Appendix B)

·       Markets: This can be enacted to regulate markets, including market days and hours, prohibiting vehicle obstruction, and/or enforcing cleanliness.

Therefore, this Council resolves to:

1.    Review existing byelaws with a view to revoking and replacing them as appropriate.

2.    Bring forward a draft byelaw or byelaws to prohibit removing, displacing, damaging or otherwise interfering with lifesaving equipment across the borough.

3.    Consider enacting new byelaws to prohibit other specific undesirable behaviour in public spaces.

4.    Consult with police, councillors, parish and town councils, and other partners to identify behaviours and public spaces where byelaws could be useful and complete this consultation process within four months.

5.    Implement a regular system of review for local byelaws, to ensure byelaws are revoked and/or replaced when they are no longer useful.

6.    Where it is thought that a Public Space Protection Order (PSPO) would be a more effective tool than a byelaw, proceed with a PSPO.

It was moved by Councillor Tinsley and seconded by Councillor Z. Collingham:

Byelaws are local laws that govern what can and cannot be done in a public area, with a fine for contravening the byelaw. Byelaws can be displayed on notices and enforced by an officer of the local authority or by the Police, through Magistrates’ Court.

Byelaws do not create additional work for Council Enforcement Officers and Police, but instead give these another tool to use when they encounter problems or anti-social behaviour in our communities. It is expected that they would use their discretion when a byelaw is broken.

Rotherham Council has enacted byelaws covering Ulley Country Park, Thrybergh Country Park, Rother Valley Country Park and the Good Rule and Government of the Borough, but these byelaws are old and have limited scope (see example in Appendix A).

The Ministry of Housing, Communities and Local Government (MHCLG) publishes a series of ‘model byelaws’ which local authorities can use to address issues not sanctioned by other legislation. It is intended that local authorities delete/add to the model byelaws to ensure they are locally relevant. Examples of model byelaws and some of the issues they can address are:

·       Pleasure grounds, public walks and open spaces: This can be enacted in parks and other public spaces to protect plants and wildlife from harm; prohibit the damage or misuse of life saving equipment; prohibit fires; regulate horse riding, cycling, and vehicles; determine acceptable use of play equipment; and/or prohibit swimming.

·       Pleasure fairs: This can be enacted to regulate the opening hours, cleanliness, provision of toilets, etc of fairgrounds.

·       Good rule and government: This can be enacted across the Borough to prohibit the damage or misuse of life saving equipment; prohibit dangerous games near roads; prohibit driving or parking on road margins/verges; and/or prohibit urination in public (Appendix B)

·       Markets: This can be enacted to regulate markets, including market days and hours, prohibiting vehicle obstruction, and/or enforcing cleanliness.

Therefore, this council resolves to:

1.    Review existing byelaws with a view to revoking and replacing them as appropriate.

2.    Bring forward a draft byelaw or byelaws to prohibit removing, displacing, damaging or otherwise interfering with lifesaving equipment across the Borough.

3.    Consider enacting new byelaws to prohibit other specific undesirable behaviour in public spaces.

4.    Consult with Police, Councillors, Parish and Town Councils, and other partners to identify behaviours and public spaces where byelaws could be useful, and complete this consultation process within 4 months.

5.    Implement a regular system of review for local byelaws, to ensure byelaws are revoked and/or replaced when they are no longer useful.

6.    Where it is thought that a Public Space Protection Order (PSPO) would be a more effective tool than a byelaw, proceed with a PSPO.

It was then moved by Councillor Beck and seconded by Councillor Clark that the motion be amended as follows:

Byelaws are local laws that govern what can and cannot be done in a public area, with a fine for contravening the  ...  view the full minutes text for item 102.

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 Health and Wellbeing Board.

To confirm the minutes as a true record.

Resolved:-

That the reports, recommendations and minutes of the meetings of the Health and Wellbeing Board be adopted.

Mover: Councillor Roche                        Seconder: Councillor Cusworth

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

Mover: Councillor Hughes                      Seconder: Councillor McNeely

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 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 no questions to designated spokespersons.

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 Tarmey asked: Does the administration plan to undertake work to ensure that all Council-owned homes are carbon neutral by 2030 as part of its commitment to achieving “net-zero”; where it is not possible to make individual buildings carbon neutral due to their construction, what measures will be implemented to ensure that neighbourhoods achieve carbon neutral status?

As Councillor Brookes was not present at the meeting, a written response would be provided to Councillor Tinsley.

2)    Councillor Jones asked: Can you please confirm if under the Environmental Protection Act Part 2A, the Council has complied with its legal duty to list and designate all contaminated land within its boundaries?

Councillor Beck explained that where the Council is aware of, and has the necessary information to, it does undertake the listing and designation of contaminated land.

In his supplementary, Councillor Jones stated that the Council has a duty under Part 2A of the Environmental Protection Act 1990 to inspects its area for land which in the past may have been used in a way that has led to contamination and address any potential issues that may arise from this. It also says that if remediation works have been enforced at any point, the area of land affected by the contaminants identified will be placed on the Local Authorities public register. In 1990, the Council’s Environmental Health Unit undertook such tests and found that the Droppingwell Landfill Site had what are now classed as fatal levels of heavy metals on the surface. In 1993, the Planning Inspectorate also enforced the remediation of Phase 1 of the site. It is the Council’s legal responsibility to do this, not the Environment Agency. Why was it not added to the Council’s register at that point and when does the Council plan to become legally compliant with the act by reclassifying the land?

Councillor Beck explained that the Council was aware of this situation and were aware that the statutory guidance in relation to contaminated land states that land should be registered under Part 2A where no suitable alternative exists. In the case of Droppingwell, the land is subject to an Environmental Permit and regulated by the Environment Agency.

3)    Councillor Jones asked: At the OSMB meeting in January the former Assistant Director said that permission had been given for Grange Landfill Limited to  re-drill BH5; it was not a requirement of the permit but was desirable to protect public health. Is this statement correct and have they supplied a date for the works?

Councillor Beck explained that that is correct. The Council is not currently aware of any planned start date.

In his supplementary question, Councillor Jones stated that under the Environmental Protection Act Part 2a, it states that contaminated land is classified as land that appears to the Local Authority in whose area it is situated to be in such a condition by reasons such as substances in, on or under the land that can cause significant harm or pollution of controlled water  ...  view the full minutes text for item 108.

Any other public items which the Mayor determines are urgent.

There were no items which the Mayor determined as urgent.