Agenda and minutes

To receive any declarations of interest of a pecuniary or non-pecuniary nature from Members in respect of the items on this agenda.

To approve as a correct record the minutes of the meeting of the Council held on 25^th November, 2021.

To consider any communications to be submitted by the Mayor or the Chief Executive.

Shaw Lands Trust

Proposed – Councillor Sumner for a term of 3 years

RECOMMENDED TO COUNCIL:-

That the outcomes of the Joint Local Area Inspection, together with the next steps, including the resulting action plan, be considered by Council.

RECOMMENDED TO COUNCIL:-

      i.        To note the HRA Medium Term Financial Strategy (MTFS) as set out in Section 4;

    ii.        To approve the Housing Revenue Account Draft Budget for 2022/23, as outlined in Section 5, including the proposed revenue investments and savings, as outlined in Section 6, with any final amendments being delegated to the Cabinet Spokesperson for Place and the Executive Director for Place in consultation with the Cabinet Spokesman for Core Services and the Service Director – Finance (S151);

   iii.        To approve a rent increase of 4.1%, in line with the Government’s rent setting policy;

   iv.        To note that there is no proposed change to non-dwelling rents, service charges and district heating charges for 2022/23;

    v.        To approve the 2022/23 Berneslai Homes Management Fee at paragraph 7.11, with any final amendments delegated to the Cabinet Spokesperson for Place and the Service Director, Regeneration & Culture in consultation with the Cabinet Spokesman for Core Services and the Service Director - Finance (S151);

6. To approve the 2022/23 Berneslai Homes Management Fee for both Gypsy &Traveller Sites and in respect of the European Social Fund (ESF) Grant, both of which are charged to the Authority’s General Fund, detailed at paragraph 7.12;

7. To approve in principle, the proposed emerging capital priority schemes as detailed in Section 8 of the report, subject to individual reports as appropriate, in line with the Council’s governance arrangements;

8. To approve the Core Housing Capital Investment programme for 2022/23 and that the indicative programme for 2023/24 through 2026/27, outlined in Section 8, be noted;

9. To note that a further report will be submitted outlining the Council’s energy efficiency and de-carbonisation plans for its housing stock.

RECOMMENDED TO COUNCIL:-

That approval is given for those transitioning from Youth Employment Programme to an apprenticeship, do so on the same rate of pay, with cost implications decentralised to the relevant service.

RECOMMENDED TO COUNCIL:-

1. That the proposed change to banding for Full and Relief Homeless applicants be approved;

2. That Berneslai Homes implement the policy change and for the Lettings Policy to be updated to reflect the banding change.

RECOMMENDED TO COUNCIL:-

1. That the Hackney Carriage and Private Hire Licensing Policy appended to the report be published in accordance with the statutory requirements and adopted by the Council:

2. That the Institute of Licensing Suitability Guidance be adopted in its entirety;

3. That the requirement for a driver medical report to be produced every year from the age of 60 be retained;

4. That the D4 medical reports from a company called ‘Doctors on Wheels’ be no longer accepted for the reasons detailed within the report;

5. That the application fee charged be non-refundable on the grounds that the Council is permitted to charge for the administration involved in the processing and granting of a licence; and

6. That the topographical test be maintained as a means of ensuring that all licenced drivers have a good working knowledge of the area.

RECOMMENDED TO COUNCIL:-

1. That the Service Director of Legal Services in consultation with the Corporate Asset Manager is authorised to undertake any necessary consultation processes, serve public notices and deal with any objections in relation to the grant of easement;

2. That it is noted that the Charity Commission and the Coal Industry Social Welfare Organisation (CISWO) have been consulted about the Grant of Easement between Barnsley Metropolitan Borough Council as Trustee of Pogmoor Recreation Ground to Barnsley Metropolitan Borough Council who have provided their written consent to the construction of the footbridge subject to conditions;

3. That the Grant of Easement between Barnsley Metropolitan Borough Council as Trustee of Pogmoor Recreation Ground to Barnsley Metropolitan Borough Council be approved to facilitate the new Foot and Cycle bridge;

4. That the Service Director of Legal Services in consultation with the Corporate Asset Manager is authorised to liaise with the Charity Commission to facilitate the formal approval of the order authorising the easement as this transaction is between connected parties; the Council as trustee and the Council as statutory authority.

RECOMMENDED TO COUNCIL:-

That the approval of the Barnsley Place-based Investment Plan be noted.

RECOMMENDED TO COUNCIL:-

      i.        That the options for the Council in respect of the routes available for the procurement of external audit services be noted;

    ii.        That the Council opts into the sector led scheme for appointing auditors as detailed within option 3 outlined in the report;

   iii.        That the Government’s proposals to improve the local audit process be noted.

To consider any questions which may have been received from Elected Members and which are asked pursuant to Standing Order No. 11.

a)    Councillor Osborne

“What actions have been taken to alleviate the risk of flooding in Darfield ward, especially in Low Valley?”

b)    Councillor Kitching

“At the last Full Council meeting on November 25th 2021, this council resolved to undertake its own assessment into the financial implications of bus franchising, in order to establish whether their impact on the Council’s finances and on taxpayers is reasonable.

Could the Cabinet member please update us on the progress of this assessment so far?”

c)    Councillor Osborne

“Following a recent spate of illegal flytipping of tyres in Darfield, waste tyres have been collected by council clean up teams.  What happens to the tyres?”

d)    Councillor Fielding

“Now that the developer of the allocated housing site adjacent to the M1 at Dodworth is proposing not to use the access point created by the Council demolishing 2 recently improved four bedroomed Council Houses in 2020 on South Road, Dodworth, can the Cabinet Member please detail the financial loss to the Council of this action? In particular can the cabinet member detail the costs of the following:

·         The costs of rehousing the sitting tenants including the purchase of alternative accomodation

·         The costs of demolishing the 2 houses and making good the site afterwards.

·         The loss of rental income from the date that the tenants were evicted to present

·         The loss of Council Tax income from the date of eviction to present

·         The value of the loss of the assets of the 2 Council Houses”

e)    Councillor Hunt

“At the Full Council meeting in July 2021, in response to my question, the Cabinet Support member confirmed that the Digital First project had created the capability of providing status updates to residents in relation to online requests. It was indicated that residents would start to receive these status updates by the end of last year. This timescale does not appear to have been met. Please can an update be provided?”

f)     Councillor Hunt

“In 2020 the council purchased new speed indicator devices and radar boxes. Please provide the locations where the speed indicator devices have been deployed over the last 3 months.”

Note: this motion was moved and seconded at the Council meeting on 25^th November, 2021, and has stood adjourned without further discussion in accordance with standing order 41.

Proposer – Councillor Kitching

Seconder – Councillor Hunt

That this Council:

a)    Notes section 9FA of the Local Government Act 2000 which clearly states that “members of the executive* cannot be members of a scrutiny committee”.

b)    Also notes point 25 of the Government’s 2019 document “Overview and scrutiny: Statutory guidance for councils and combined authorities” which recommends that “Authorities should ensure that, ’as a minimum, members holding less formal executive* positions … do not sit on scrutinising committees looking at portfolios to which their roles relate.’”

c)    Considers that the Authority should hold itself to a higher standard than the minimum, particularly in matters of scrutiny.

d)    Feels that the presence of cabinet support members on the Overview and Scrutiny committee creates a potential conflict of interest, and therefore undermines the necessarily robust, open and transparent process of scrutiny within the authority.

Therefore, this Council resolves that:

      i.        Cabinet Support Members should not take up seats on the Overview & Scrutiny committee.

    ii.        Amend standing order point 25 (4) to: “Neither Cabinet Members nor Cabinet Support Members will be members of the Scrutiny Committee.”

   iii.        These changes will be implemented immediately.