Decisions

To note comments within the report and the actions undertaken as instructed by the Ombudsman

Cllr Harrison considered and noted the content of the Local Government and Social Care Ombudsman public report and accepted the findings and recommendations in respect of Adult Social Care.

Cllr Harrison also noted the actions being taken by Health and Adult Services to address the recommendations.

To award contracts for Hard Facilities Management Services – Fixed Electrical Inspection and Testing and Portable Appliance Testing (PAT), following the completion of a procurement exercise to John Cullerton and Sons Limited for both the East and West contracts.

To recommend that the Authority seeks a supplier for the delivery of the sustainable warmth programme following a successful bid process.

The decision record has been amended to provide further clarification since it was first published.

It has been agreed to undertake a procurement to deliver the sustainable warmth programme following a successful bid for funding.

For clarity, procurement will be exploring the option of up to two, end-to-end providers, to deliver the programme on our behalf.

The procurement will be undertaken using a framework and the provider or providers will complete all activities including marketing, taking enquiries from households, checking eligibility and carrying out the work in individual properties.

To accept the recommendation by County Councillor Annabel Wilkinson to award £500 of her Locality Budgets funding to purchase a Vehicle Activated Sign for Ainderby Steeple to reduce the speeding within the village with Ainderby Steeple Parish Council.

To accept the recommendation by County Councillor Annabel Wilkinson to award £2,000 of her Locality Budgets funding to purchase a Vehicle Activated Sign for Kirkby Fleetham with Fencotes Parish Council.

To accept the recommendation by County Councillor Cliff Trotter to award £750 of his Locality Budgets funding to fund the replacement fencing on A661 Harrogate Road into Spofforth with Spofforth with Stockeld Parish Council.

To accept the recommendation by County Councillor Cliff Trotter to award £500 of his Locality Budgets funding to fund the refurbishment of the old telephone kiosk in Pannal with Pannal and Burn Bridge Parish Council.

To accept the recommendation by County Councillor Angus Thompson to award £2,000 of his Locality Budgets funding to purchase a matrix board for Barton village with Barton Parish Council.

To accept the recommendation by County Councillor Roberta Swiers to award £1,000 of her Locality Budgets funding to fund the entertainment at the Queen’s Platinum Jubilee four day event with Cayton Parish Council.

To accept the recommendation by County Councillor Peter Sowray to award £500 of his Locality Budgets funding to upgrade the emergency lighting circuit and distribution board at Easingwold Community Library.

To accept the recommendation by County Councillor Matt Scott to award £300 of his Locality Budgets funding to fund the rent for the well-being sessions at Bilton Community Centre with Dancing for Well-Being Community Interest Company.

To accept the recommendation by County Councillor Tony Randerson to award £3,095 of his Locality Budgets funding to purchase a memorial stone for Eastfield Town with Eastfield Town Council.

To accept the recommendation by County Councillor Gillian Quinn to award £1,000 of her Locality Budgets funding to fund the provision of Sunday and Bank Holiday bus service in Malhamdale with Dales and Bowland Community Interest Company.

To accept the recommendation by County Councillor Gillian Quinn to award £1,000 of her Locality Budgets funding to fund the aggregate and gravel plus labour for the pathway repair and renovation in Malham Plantation with Malham Parish Council.

To accept the recommendation by County Councillor Chris Pearson to award £3,000 of his Locality Budgets funding to fund the aerial survey and equipment for 'Finding Hambleton's Hidden History' project with Hambleton History Research & Archive Association.

To accept the recommendation by County Councillor Yvonne Peacock to award £500 of her Locality Budgets funding to carry out improvement works including steps to the gate, making good wall tops and stone coplings and wooden fencing at The Edwardian Rock Garden with Aysgarth & District Parish Council.

To accept the recommendation by County Councillor Yvonne Peacock to award £500 of her Locality Budgets funding to fund the purchase and installation of a new sign for Buttertubs with Muker Parish Council.

To accept the recommendation by County Councillor Andy Paraskos to award £700 of his Locality Budgets funding to purchase equipment to create a sensory area at Tockwith Primary School.

To accept the recommendation by County Councillor Heather Moorhouse to award £1,401 of her Locality Budgets funding to purchase new laptops for pupils in Roseberry Academy.

To accept the recommendation by County Councillor Stuart Martin to award £1,000 of his Locality Budgets funding to fund the venue hire fees, performers and costumes for the Ripon Theatre Festival events.

To accept the recommendation by County Councillor Carl Les to award £1,400 of his Locality Budgets funding to fund the Jubilee Green fencing and pruning works with Scorton Parish Council.

To accept the recommendation by County Councillor Carl Les to award £1,000 of his Locality Budgets funding to purchase bench seating and planters to enhance the local area with Brough with St Giles Parish Council.

To accept the recommendation by County Councillor David Ireton to award £995 of his Locality Budgets funding to fund the catering and advertising for the tea party to celebrate the Queen's Platinum Jubilee with Clapham cum Newby Parish Council.

To accept the recommendation by County Councillor Michael Harrison to award £1,000 of his Locality Budgets funding to provide a financial contribution to the Killinghall Jubilee Celebrations with Killinghall Parish Council.

To accept the recommendation by County Councillor Caroline Goodrick to award £2,000 of her Locality Budgets funding to fund the purchase of materials for the Community Meeting Shelter in the Millennium Garden with Ampleforth Parish Council.

To accept the recommendation by County Councillor Caroline Goodrick to award £300 of her Locality Budgets funding to carry out training to the local community in the use of the defibrillator with Barton le Willows Parish Council.

To accept the recommendation by County Councillor Caroline Goodrick to award £600 of her Locality Budgets funding to provide a contribution to the culvert cleaning in Fryton village with Slingsby Parish Council.

To accept the recommendation by County Councillor David Goode to award £510 of his Locality Budgets funding to the purchase and installation of bird and bat boxes for the Friends of Jacob Smith Park.

To accept the recommendation by County Councillor Gareth Dadd to award £460 of his Locality Budgets funding to fund the material for the 'Slow Down' signs designed by local children with Broadacres.

To accept the recommendation by County Councillor Mike Chambers to award £700 of his Locality Budgets funding to fund the premise expenses for the Ripon Men's Shed activities.

To accept the recommendation by County Councillor Derek Bastiman to award £870 of his Locality Budgets funding to purchase headsets and create playlists of music for those affected by Dementia with Newby and Scalby Library.

To accept the recommendation by County Councillor Derek Bastiman to award £2,156 of his Locality Budgets funding to fund the alterations to the kerbing and the footway at High Street/ West Lane, Cloughton, Scarborough with NYCC Highways.

To accept the recommendation by County Councillor Philip Barrett to award £950 of his Locality Budgets funding to fund the labour and material costs of repairing the safety surface under the swings in the park with Glusburn and Cross Hills Parish Council.

To accept the recommendation by County Councillor Val Arnold to award £700 of her Locality Budgets funding to the purchase of a new mess tent for Kirbymoorside Scout Group.

To accept the recommendation by County Councillor Val Arnold to award £1,000 of her Locality Budgets funding to the purchase of a replacement door and window for Pockley Village Hall.

To accept the recommendation by County Councillor Robert Windass to award £500 of his Locality Budgets funding to purchase replacement Early Years outdoor learning area equipment for Boroughbridge Primary School.

To accept the recommendation by County Councillor Carl Les to award £1,000 of his Locality Budgets funding to purchase a new boiler for Booth Memorial Institute.

This matter contained exempt information of the description contained in Paragraph 1 of Part 1 of Schedule 12A to the Local Government Act 1972, as amended by the Local Government (Access to Information) (Variation) Order 2006

The Chief Executive Officer considered one appeal against the Authority’s decision not to provide alternative discretionary home to school transport. The appeal was NOT UPHELD. The reason is set out below in this decision record.

By whom: Richard Flinton, Chief Executive Officer, under emergency delegated powers and after consultation with the Members of the Appeals Committee (Home to School Transport)

PLEASE NOTE that as a non-executive function, these decisions are not open to call in.

Determination of deployment of grant funding from Government

Having taken account of the comments made by Executive Members, and all the relevant information provided at the informal meeting of Executive Members on 11 January 2022, the Chief Executive Officer agreed to use his emergency delegated powers to:
i. Approve the allocation and issue of grants as detailed in this report, and
ii. Delegate any decisions associated with this approval to the Corporate Director Health and Adult Services, in consultation with the Corporate Director - Strategic Resources

Review and determination of Adult Social Care governance and prioritisation in light of continuing Covid19 pandemic and rising rates of Omicron variant

Having taken account of the comments made by Executive Members, and all the relevant information provided at the informal meeting of Executive Members on 11 January 2022, the Chief Executive Officer agreed to use his emergency delegated powers to:
(i) Approve, invoke and implement the proposed Adult Social Care Ethical Decision Making Framework.
(ii) Delegate to the Corporate Director for Health and Adult Services (as the Council’s statutory director of adult social services) the power to invoke and implement the measures as set out in this report including taking all decisions necessary to implement the Ethical Decision Making Framework and any other decisions the Corporate Director for Health and Adult Services may deem necessary regarding Adult Social Care Services delivery in light of the continuing Covid-19 pandemic. The Corporate Director for Health and Adult Services may where appropriate consult with the Executive Member for Adult Social Care and Health Integration, Chief Executive Officer, Assistant Chief Executive (Legal and Democratic Services).
(iii) Instruct the Corporate Director for Health and Adult Services to present a monthly report to the Executive Member and to Management Board on the appropriate decisions so they can be reviewed.
(iv) Approve that a review of the framework be undertaken in April 2022

To inform Executive of the Emotional Health and wellbeing Section 75 consultation feedback and to request formal approval to move to a Partnership agreement

Having taken account of the comments made by Executive Members, and all the relevant information provided at the informal meeting of Executive Members on 11 January 2022, the Chief Executive Officer agreed to use his emergency delegated powers to
i) Approve the Draft Section 75 Agreement;
ii) Delegate to the Assistant Chief Executive (Legal and Democratic Services) approval of any necessary amendments to the Agreement, to enable it to be completed.

To seek views from Members on the response to the proposed admission arrangements for Community and Voluntary Controlled schools for the school year 2023/2024 and approval for recommendation to the County Council for determination.

Having taken account of the comments made by Executive Members, and all the relevant information provided at the informal meeting of Executive Members on 11 January 2022, the Chief Executive Officer agreed to use his emergency delegated powers to recommend the Admission Arrangements for approval to full Council at its meeting on 16 February 2022, to include:
• the proposed co-ordinated admission arrangements in Appendix 1
• the proposed admission policy for community and voluntary controlled schools in Appendix 2
• the proposed admission policy for nursery schools, schools with nursery classes and pre-reception classes, in Appendix 3
• the proposed published admission numbers (PAN’s) for community and voluntary controlled schools as shown in Appendices 4(Primary) and 5 (Secondary)

To approve final details of the Special Schools Budgets 2022-23 including:
- The level at which the minimum funding guarantee (MFG) protection is set for special schools.
- Banded values for Element 3 top up funding

Having taken account of the comments made by Executive Members, and all the relevant information provided at the informal meeting of Executive Members on 11 January 2022, the Chief Executive Officer agreed to use his emergency delegated powers to approve that the Council applies:
i. A Minimum Funding Guarantee (MFG) of +2% in the calculation of special school budgets for the 2022/23 financial year.
ii. An assumed inflationary increase of +2% to the Banded Funding allocations (top up / element 3 allocations) received by mainstream and special schools and academies for the 2022/23 financial year.
iii. An assumed inflationary increase of +2% to the Banded Funding allocations (top up / element 3 allocations) received by alternative provision settings for the 2022/23 financial year
iv. An assumed inflationary increase of +2% to the factor elements within the Special school contextual funding.

To approve final details of the Schools Block/DSG budgets for 2022/23 for submission to the Department for Education including Minimum Funding Guarantee (MFG)

Having taken account of the comments made by Executive Members, and all the relevant information provided at the informal meeting of Executive Members on 11 January 2022, the Chief Executive Officer agreed to use his emergency delegated powers to approve that the Council:
i. Applies a Minimum Funding Guarantee (MFG) of +2.0% in the calculation of school budgets for the 2022/23 financial year.
ii. Uses age weighted pupil units (AWPU) as the methodology for the allocation to school budgets of any surplus funding available within the Schools Block DSG after the calculation of the school funding formula using National Funding Formula (NFF) values.
iii. Includes an exceptional circumstance lump sum of £50,000 for very small sparse secondary schools (which would otherwise be unable to attract sufficient funding to remain viable) in the 2022/23 North Yorkshire school funding formula. The estimated £100k additional funding requirement to be funded from the DSG Schools Block Reserve.
iv. Continues to push for a fairer and more equitable funding settlement for schools in North Yorkshire, and continue to lobby for a fairer settlement of High Needs resources.

Approval sought for a new 20mph speed limit policy following TEE Overview

The Chief Executive Officer considered the report which set out how the recommendations of the Transport, Economy and Environment Overview and Scrutiny Committee (TEE O&S) review of the existing 20mph speed limit policy had been achieved.

Having taken account of the submissions from members of the public, the comments made by Executive Members, and all the relevant information provided at the informal meeting of Executive Members on 11 January 2022, the Chief Executive Officer agreed to use his emergency delegated powers to approve the revised 20mph Speed Limit and Zone Policy as set out at Appendix 1 of the report.

To seek approval to publish statutory notices to lower the school age range of Goathland Community Primary School from 25th April 2022

Having taken account of the comments made by Executive Members, and all the relevant information provided at the informal meeting of Executive Members on 11 January 2022, the Chief Executive Officer agreed to use his emergency delegated powers to approve:
i. The publication of proposals and statutory notices on 1 October to lower the school age range of Goathland Community Primary School from 25 April 2022;
ii. the scheduling of a final decision on the proposals for the Executive on 22 March 2022.

To award a contract to Reed Talent Solutions Limited (Consultancy+) to produce a suite of three Local Area Energy Plans to provide a long-term strategic approach to decarbonise North Yorkshire’s energy system. The 7 month contract (December 2021-June 2022, £330,000) has been awarded, via YPO940 Managing Consultancy and Professional Services Framework.

Contact for copy of report: katie.privett@ynylep.com

The Chief Executive Officer has taken all relevant information into account in exercising his emergency delegated powers in this matter including considering the views of the Planning and Regulatory Functions Committee meeting held on 16th November 2021 and agreed the following:

That the application be APPROVED for the reasons stated below and in accordance with the conditions outlined in the report subject to the following amendments which were proposed by the Committee members and are considered to meet the tests in the National Planning Policy Framework::

• Condition 4 being amended to insert the referencing of lighting being controlled and switched off via time control or time clocks; and
• Condition 5 being amended to provide for the approved lighting levels to be assessed and demonstrated that they are in strict accordance with the approved assessment prior to being brought into use and to be maintained in accordance with the assessment thereafter.

By whom: Richard Flinton, Chief Executive Officer, under emergency delegated powers and after consultation with the Planning and Regulatory Functions Committee

PLEASE NOTE that as a non-executive function, this decision is not open to call in.

To accept the recommendation by County Councillor Roberta Swiers to award £490 of her Locality Budgets funding to fund the purchase of a Queen’s Platinum Jubilee Beacon with Cayton Parish Council.

To accept the recommendation by County Councillor Peter Sowray to award £1,577 of his Locality Budgets funding to fund the introduction of the Hub Club to help people with dementia with Easingwold and District Community Care (EDCCA).

To accept the recommendation by County Councillor Caroline Patmore to award £5,000 of her Locality Budgets funding to the replacement of the footway outside Oulston Hall to connect with the existing footpath with NYCC Highways.

To accept the recommendation by County Councillor Patrick Mulligan to award £3,130 of his Locality Budgets funding to purchase 2 x VAS sign for Cowling village with NYCC Traffic Engineering.

To accept the recommendation by County Councillor Stanley Lumley to award £500 of his Locality Budgets funding to fund the purchase and installation of a Jubilee Memorial Bench in Blubberhouses with Washburn Parish Council.

To accept the recommendation by County Councillor Michael Harrison to award £500 of his Locality Budgets funding to provide three Summer Sunday & Bank Holiday bus services into and around the Nidderdale area with Dales and Bowland Community Interest Company.

To accept the recommendation by County Councillor Jim Clark to award £2,500 of his Locality Budgets funding to purchase and install a new bench, tree planting and a plaque for Harlow Friendship Club.

To accept the recommendation by County Councillor Mike Chambers to award £1,500 of his Locality Budgets funding to the provision and distribution of food parcels at the foodbank with Ripon Community House.

To accept the recommendation by County Councillor Andy Solloway to award £1,200 of his Locality Budgets funding to fund the publicity, timetables and leaflets promoting the Dalesbus Sunday services with Dales and Bowland Community Interest Company.

To accept the recommendation by County Councillor Andy Solloway to award £4,000 of his Locality Budgets funding to fund the “Nurturing Growth” project to local people in Skipton and South Craven with Skipton Step Into Action.

To accept the recommendation by County Councillor Don Mackenzie to award £550 of his Locality Budgets funding to fund the purchase of a new PC and print accessories with Essential Needs.

To accept the recommendation by County Councillor Robert Heseltine to award £500 of his Locality Budgets funding to purchase a new Mountfield Ride on Mower for the village with Draughton Parish Council.

To accept the recommendation by County Councillor David Goode to award £500 of his Locality Budgets funding to purchase replacement chairs for community use stored at Knaresborough House with Knaresborough Men’s Forum.

To accept the recommendation by County Councillor Caroline Dickinson to award £4,800 of her Locality Budgets funding to provide a handrail on Tannery Lane, Northallerton with NYCC Highways.

To enable the Domestic Abuse Safe Accommodation Strategy to be approved by the Leader ahead of publication on 5th January 2022. The Leader was delegated authority to make this decision by the Executive at their meeting on 7th December 2021.

At the meeting of the informal Executive on 7 December 2021, the Executive delegated the approval of the Domestic Abuse Safe Accommodation – Draft Strategy to the Leader (a decision that was made by the Chief Executive Officer in consultation with the Executive).

The decision to approve the Strategy was made by the Leader, at a meeting with Neil Irving
Assistant Director Policy Partnerships & Communities, on 4 January 2022, ahead of being published on 5 January 2022.

To award the contract to Herts of Learning for a period of 24 months, to ensure the School Improvement Service can increase the knowledge, competence and effectiveness of governing bodies. The total contract value is £73,000.

To award the contract to Pobble for a period of 24 months, to ensure the School Improvement Service can effectively carry out moderation of primary schools.

The total contract value including previous spend is c.£83K.

Approval for 27 new schemes (as identified in Appendix 1) to the value of £1.1M to be added to the Highways Capital Forward Programme for Structural Highway Maintenance identified since the last HCP report dated 20 August 2021.

An update was provided on 37 schemes (as identified in Appendix 2) to be moved from the 2021/22 delivery programme into future years to the value of £4.2M and the delivery of the 2021/22 capital programme and current assumptions regarding funding for 2022/23.

[As it is the implementation of an earlier key decision on 20 August 2021 and, as a non-key decision by an officer, is NOT open to call in]

Approval that Authority to adopt a neutral stance in relation to confirmation of the Order within its submission of the opposed Modification Order to the Secretary of State.

Approval that the Authority refer the opposed Diversion Order to the Secretary of State for resolution and to support the confirmation of the Order in its submission to the Secretary of State (SoS).

The use made of covert techniques was noted and the proposed revisions to the policy approved.

The continued use of the Trading Standards Tasking Filter and Matrix was approved, with a further report to be presented in December 2022.

The existing Pay and Display parking operation on High Street, Northallerton remains unchanged.

The County Council continues its development of a smart parking system with the aim of introduction to Northallerton, which will be the subject of a further report in due course.

To accept the recommendation by County Councillor Cliff Trotter to award £1,000 of his Locality Budgets funding to fund the Commemoration gift for the children at the Queen’s Platinum Jubilee event in June 2022 with Spofforth with Stockeld Parish Council.

To accept the recommendation by County Councillor Gillian Quinn to award £1,000 of her Locality Budgets funding to fund the purchase of a new seat and gardening tools for the Raikes Road Burial Ground project with the Friends of Raikes Road Burial Ground.

To accept the recommendation by County Councillor Yvonne Peacock to award £1,500 of her Locality Budgets funding to preserve the closed St Michael and All Angels Parish Church by turning it into a hostel with Hudswell Hostel @ St Michaels.

To accept the recommendation by County Councillor Andy Paraskos to award £500 of his Locality Budgets funding to purchase and install curb side white gates on Hages Road with Follifoot Parish Council.

To accept the recommendation by County Councillor David Ireton to award £2,000 of his Locality Budgets funding to fund the purchase of materials for the children's playground improvements and storage unit with Austwick Jubilee Recreation Committee.

To accept the recommendation by County Councillor Robert Heseltine to award £2,000 of his Locality Budgets funding to provide a Saturday Dalesbus 59 service linking Skipton with Bolton Bridge & Harrogate with Dales and Bowland Community Interest Company.

Having considered the report “Appointment of External Auditors”, which was considered at the informal meeting of Audit Committee Members on 13 December 2021, and the views of the Members and External Members of the Audit Committee, the Chief Executive Officer agreed that the Audit Committee Members recommend that the Council accepts 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.

By whom: Richard Flinton (Chief Executive Officer), under his emergency delegated powers and after consultation with Members and External Members of the Audit Committee.

PLEASE NOTE that as this is a non-executive decision, it is not open to call in.

To accept the recommendation by County Councillor Jim Clark to award £500 of his Locality Budgets funding to purchase beekeeping equipment for Harrogate High School.

To accept the recommendation by County Councillor Jim Clark to award £1,000 of his Locality Budgets funding to providing food and clothing for children and carers with Rumblin' Tums.

To accept the recommendation by County Councillor Eric Broadbent to award £1,038 of his Locality Budgets funding to fund the refurbishment of the bar and cafe area at Scarborough Indoor Bowls Centre.