Agenda and minutes

Members of the Executive and Corporate Management Team introduced themselves, followed by other Councillors present at the meeting.

Resolved –

That the public Minutes of the meeting held on 11 January 2022, having been printed and circulated, be taken as read and confirmed by the Chairman as a correct record.

County Councillor Michael Harrison declared two personal non prejudicial interests in regard to Agenda Item 5 - Revenue Budget 2022/23 & Medium Term Financial Strategy (MTFS) Report, both of which the Standards Committee had previously given him a dispensation for, enabling him to participate in, and vote at the meeting.  The first that he had relatives that worked in Health & Adult Services and secondly, as an employee of an organisation named in the report.

Members of the public may ask questions or make statements at this meeting if they have given notice to Melanie Carr of Democratic and Scrutiny Services and supplied the text (contact details below) by midday on Thursday 20 January 2022, three working days before the day of the meeting.  Each speaker should limit themselves to 3 minutes on any item.  Members of the public who have given notice will be invited to speak:-

·            at this point in the meeting if their questions/statements relate to matters which are not otherwise on the Agenda (subject to an overall time limit of 30 minutes);

·            when the relevant Agenda item is being considered if they wish to speak on a matter which is on the Agenda for this meeting.

If you are exercising your right to speak at this meeting, but do not wish to be recorded, please inform the Chairman who will instruct anyone who may be taking a recording to cease while you speak.

There were a number of public statements submitted in regard to Agenda item 7 – Transforming cities Fund Programme Proposals.  The Chairman decided to consider those submissions as part of that agenda item.

Purpose of Report:

To seek approval for, and makes recommendations to the County Council regarding:

·          The Revenue Budget for 2022/23;

·          The Medium Term Financial Strategy (MTFS) for 2023/24 to 2024/25;

·          Council Tax for 2022/23;

·          The Capital Five Year Spending Plan;

·          An updated Annual Treasury Management Strategy for the financial year 2022/23

Considered – A joint report of the Chief Executive and the Corporate Director for Strategic Resources, asking the Executive to make recommendations to the County Council regarding the Revenue Budget for 2022/23, the Medium Term Financial Strategy (MTFS) for 2023/24 to 2024/25, Council Tax for 2022/23, the Capital Five Year Spending Plan, and an updated Annual Treasury Management Strategy for the financial year 2022/23

County Councillor Gareth Dadd introduced the report and thanked Gary Fielding and his team for their work on the budget, and for the production of the detailed report, recognising the difficult circumstances under which it had been produced i.e. the variabilities, the challenges and the unpredictability of inflation/Covid etc.

Revenue Budget for 2022/23, the Medium Term Financial Strategy (MTFS) for 2023/24 to 2024/25, & Council Tax for 2022/23

Gary Fielding- Corporate Director for Strategic Resources drew specific attention to:

·            It being the last budget for the County Council setting out a plan that would support three principals areas i.e. to enable the Council to continue to delivery essential services next year, to be able to respond to Covid and its consequences, and to provide the best possible start for the new Council;

·            The summary position as set out in the table at paragraph 2.9 of the report based on Council Tax for 2022/23 being set at 2.99%;

·            The impact of Covid and the need to undertake LGR transitioning;

·            The four Council Tax options set out in Appendix G of the report and what each would mean in regard to the use of Reserves and the recurring shortfall per annum;

·            His Section 25 opinion as detailed in paragraphs 9.12 – 9.13 of the report;

·            The new Council would inherit a structural deficit and would need to deliver a savings plan;

·            The new high inflation environment;

·            The ongoing demand led pressures across Adult Social Care and Children’s’ services;

·            The related risks detailed in Section 10 and appendices L & M of the report;

·            The revised Pay Policy and Pensions Discretion Policy;

·            The Equalities Impact and Environmental Impact Assessment;

·            The detailed public consultation undertaken as set out in Section 6 of the report

Other Executive Members echoed the thanks given to Gary Fielding and his team for their work on the budget, and in response to their questions, Gary Fielding confirmed:

·          Pressures on the Local Assistance Fund would be monitored through the quarterly Finance & performance reports;

·          The available 2.5% ASC precept element could not be carried forward into a future year therefore it would be lost if not used this time round;

·          The ASC reforms and potential implications on fees for the Council could be hugely significant;

County Councillor Gareth Dadd noted:

·          Whilst other Local Authorities had previously fallen into difficulty having taken short-term decisions in the interests of political popularity, NYCC had put the medium term interests of residents first, and taken difficult decisions throughout austerity to build up its reserves;

·          The one variable the County Council had control over was the level of Council Tax, and  ...  view the full minutes text for item 693.

Recommendations:

Executive Members are asked to recommend to the Chief Executive Officer that using his delegated emergency powers he:

i.     Approve the draft Council Plan and forward it to the County Council for approval at its meeting on 16 February 2022, and

ii      Seek County Council’s authorisation to enable him to make any necessary changes to the text, including reflecting decisions made by the County Council on the budget and Medium Term Financial Strategy, and updated performance data.

Considered –

A report of the Assistant Director for Policy, Partnerships & Communities seeking Executive agreement for the submission of a refreshed Council Plan to the County Council for adoption.

County Councillor David Chance introduced the report, confirming that this year, only a light refresh had been undertaken rather than a full re-write as it would only be for the last year of the County Council, and therfore it was not the right time for major change in content and format.  He also confirmed that the ambitions, priorities, approach and principles all remained relevant and appropriate.

It was noted that the Plan emphasised the importance of laying strong foundations for the new council and working together with the districts, and covered the support provided throughout the pandemic. It also included

·           A new section on ‘Delivering Local Government Reorganisation’ which set out how the County Council would work together with the district and borough councils to deliver the new council.

·           The opportunity for a devolution deal for North Yorkshire and York.

·           Contained additional information on COVID-19 including its impact on the County Council, its partners and communities, with recovery plans reflected in all the high level objectives.

·           The County Council’s response to the recommendations made by the Rural Commission.

·           The Carbon Reduction Plan and Equality Objectives to ensure they were part of the corporate strategy and monitored through the corporate performance framework.

All members voted in favour of the recommendations in the report, and it was

Resolved – That it be recommended to the Chief Executive Officer that using his delegated emergency powers he:

i.     Approve the draft Council Plan and forward it to the County Council for approval at its meeting on 16 February 2022, and

ii      Seek County Council’s authorisation to enable him to make any necessary changes to the text, including reflecting decisions made by the County Council on the budget and Medium Term Financial Strategy, and updated performance data.

Recommendations:

That, subject to any comments Members may have, it be recommended to the Chief Executive Officer under his emergency delegated decision-making powers, that:

(i)     The proposals for the Transforming Cities Fund projects in Harrogate, Skipton and Selby are taken forward through detailed design and a Final Business Case is presented to WYCA for each project.

(ii)    Approval of the detail of the Final Business Cases for submission to WYCA is delegated to the Corporate Director Business and Environmental Services in consultation with the Executive Member for Access.

Considered - A report of the Corporate Director – Business and Environmental Services seeking approval to submit a Final Business Case to the West Yorkshire Combined Authority and proceed to implementation of the Transforming Cities Fund programme following the latest round of Public Consultation.

County Councillor Don Mackenzie introduced the report confirming the total value of the three travel gateway schemes was £42m, which were the result of a successful bid made to the Governments’s Transforming Cities Fund though the Leeds City Region.  

County Councillor Don Mackenzie thanked NYCC officers for their work on the schemes to date, and paid tribute to members and officers of the West Yorkshire Combined Authority, and to Harrogate Borough Council, Selby District Council and Craven District Council, for the work in support of the bids.  He also.

Specifically in regard to the Harrogate Scheme, County Councillor Don Mackenzie noted the Leader of Harrogate Borough Council had given it his full support, and drew attention to:

·            Objections to the Harrogate Scheme from town centre businesses, who had consistently called for the scheme to be shelved; 

·            A 700-signature petition recently presented to the Harrogate Area Constituency Committee asking that Committee to call upon the County Council to cancel the Harrogate Gateway Scheme.  He confirmed the ACC had given its unanimous cross-party support for the scheme and chose not to take up the petitioners request;

·            A small group of local residents living close to the Harrogate Scheme area who had objected to the measures proposed for Station Parade on the A61 southbound, which they felt would affect congestion in their residential streets;

·            The lack of any real alternative options being put forward by the objectors to the Scheme

·            The County Council’s mandate for the scheme arising from the findings of the Harrogate Congestion Study carried out in 2019 which showed that residents did not want new highways to combat congestion, but instead wanted better measures for walking and cycling, improved public transport and less car use.

Karl Battersby, Corporate Director – Business & Environmental Services provided an overview of the report, and some additional context around the national picture.  He noted that all three Schemes aimed to improve the environment by making walking, cycling and connectivity better, and would result in significant investment in to improving the public realm, the latter shown to be important to improving the economic viability of town centres.  

He went on to provide an overview of the work undertaken to inform the three schemes, and the key elements of each scheme, and confirmed a construction management plan would be developed for each Scheme to reduce any potential disruption during implementation – to be shared with local businesses and residents.

Finally, he noted there would be a number of traffic regulation orders required to implement the three schemes, which would be subject to statutory consultation at the appropriate time.

The Leader welcomed the members of the public who had registered to speak at the meeting.

Mr David Simister, CEO of Harrogate District Chamber of  ...  view the full minutes text for item 695.

Recommendation:

Executive Members are asked to recommend to the Chief Executive Officer that using his emergency delegated powers he recommend to Council acceptance of the Public Sector Audit Appointments’ invitation to opt into the sector-led option for the appointment of external auditors to principal local government and police bodies for five financial years from 1 April 2023.

Considered – A report of the Corporate Director – Strategic Resources setting out proposals for appointing the external auditor to the Council (including the North Yorkshire Pension Fund) for the accounts for the five-year period from 2023/24.

Gary Fielding, Corporate Director – Strategic Resources introduced the report confirming is was presented in the context of local government re-organisation and with the support of the s151 officers of all 8 councils in North Yorkshire.

Having noted the requirements detailed within the report, Executive Members all voted in favour of the report recommendations and it was

Resolved: That it be recommended to the Chief Executive Officer that using his emergency delegated powers he recommend to Council acceptance of the Public Sector Audit Appointments’ invitation to opt into the sector-led option for the appointment of external auditors to principal local government and police bodies for five financial years from 1 April 2023.

Recommendation:

Executive Members are asked to make a recommendation on the future of remote access and in person meetings for the County Council, to the Chief Executive Officer under his emergency delegated powers, for onward recommendation to full Council for review at its meeting on 16 February 2022.

Considered - Report of the Assistant Chief Executive (Legal and Democratic Services) presenting options for holding formal committee meetings from 16 February 2022.

County Councillor David Chance introduced the report and provided an overview of the current position, including drawing attention to the data on committee meetings held between 19 May 202 and 5 January 2021, and the available options moving forward.

Members noted the balance between the associated risks of meeting in person at this stage, the advantages of face-to-face meetings, and the benefits gained from holding meetings remotely.

County Councillor Janet Sanderson suggested it would be a retrograde step to revert fully to meetings being held only in person.

Executive Member Gareth Dadd suggested that if the current arrangements were to remain in place, there should be a slight change in emphasis, in that the decision to proceed with holding an in person meeting should lie with the Chairman, following discussion with the Leader and Chief Executive.

Having noted all of the information provided, it was

Resolved:  To recommend to the Chief Executive officer that using his emergency delegated powers he recommend to full Council on 16 February the continuation of informal virtual committee meetings, allowing Committee Chairmen the option of holding a meeting in person should it be considered more appropriate, on a case-by-case basis, and having consulted with the Leader and Chief Executive.

Recommendation:

That Executive Members recommend to the Chief Executive Officer under his emergency delegated powers, for onward recommendation to the meeting of the County Council on 16 February 2022 that the e-petitions function in the Modern Gov committee management system be enabled and run alongside the existing paper-based scheme.

Considered – A report of the Assistant Chief Executive (Legal and Democratic Services) seeking

Executive Members views on proposed amendments to the Council’s Petitions Scheme which would provide an option for e-petitions, alongside the existing paper-based scheme

County Councillor David Chance introduced the report and confirmed the Member Working Group on the Constitution had unanimously endorsed the proposed introduction of an e-petitions option, and that there would be no additional costs associated with the proposal.

All Executive Members voted in favour of the proposal it was

Resolved: That it be recommended to the Chief Executive Officer under his emergency delegated powers, for onward recommendation to the meeting of the County Council on 16 February 2022 that the e-petitions function in the ModernGov committee management system be enabled and run alongside the existing paper-based scheme.

Recommendations:

That, subject to any comments Members may have, it be recommended to the Chief Executive Officer under his emergency delegated decision-making powers, that he recommend to full Council for approval:

a)     the proposed amendments to the Council’s current Members’ Code of Conduct as set out in Appendix 3, to take effect from 5 May 2022;

b)     that the Monitoring Officer be authorised to make consequential amendments to the registration of Members’ interests form proforma, any other relevant standards documentation and the Constitution to reflect the changes made to the Council’s Code; and

c)      that tailored guidance, specific to the Council’s Members’ Code of Conduct, be circulated to the new elected Members in May if the proposed amendments to the Code are ultimately approved by full Council.

Considered:

A report of the Assistant Chief Executive (Legal and Democratic Services) proposing amendments to the Council’s Members’ Code of Conduct in light of the new voluntary model Code of Conduct for Members.

County Councillor David Chance introduced the report, and confirmed the draft amendments took account of a number of revisions previously proposed by the Standards Committee and Constitution Working Group.

Having noted the proposed amendments as detailed in paragraph 4.2 of the report, Executive Members all voted in favour of the recommendations in the report, and it was

Resolved:

That it be recommended to the Chief Executive Officer under his emergency delegated decision-making powers, that he recommend to full Council:

a)     the proposed amendments to the Council’s current Members’ Code of Conduct as set out in Appendix 3 of the report, to take effect from 5 May 2022;

b)     that the Monitoring Officer be authorised to make consequential amendments to the registration of Members’ interests form proforma, any other relevant standards documentation and the Constitution to reflect the changes made to the Council’s Code; and

c)      that tailored guidance, specific to the Council’s Members’ Code of Conduct, be circulated to the new elected Members in May if the proposed amendments to the Code were ultimately approved by full Council.

Recommendation:

That subject to any comments from Executive Members, the recommendations and changes to the Constitution as set out in the report be proposed to the Chief Executive Officer under his emergency delegated powers for onward recommendation to the County Council for approval.

Considered – A report of the Assistant Chief Executive (Legal & Democratic Services) and the Corporate Director Strategic Resources, proposing changes to the Constitution for Executive members’ consideration and recommendation to the Chief Executive Officer for recommendation, under his emergency delegated powers, to full Council for approval.

County Councillor  David Chance introduced the report and confirmed the proposed changes as detailed in the report fell under two main headings – Changes due to LGR, and Review of the thresholds for officer decisions. 

Members noted the proposed new Implementation Executive committee.  The Leader confirmed he would appoint the nine existing Executive Members to that new Committee, which he would be chairing.

Having noted the report, all Executive Members voted in favour of the recommendations therein, and it was

Resolved:  That it be recommended to the Chief Executive Officer that using his emergency delegated powers, he recommend the changes to the Constitution as set out in the report to County Council on 16 February 2022 for approval.

Considered –

The Forward Plan for the period 17 January 2022 to 31 January 2023 was presented.

Resolved -   That the Forward Plan be noted.