Decisions

13/03/23/NYCC - A waiver of contract procedure rules was signed by Barry Khan and Gary Fielding that started a seamless contract award was possible to ensure the continuation of an inactive individuals support programme through Better Connect.

The recommendation was to award a contract to Better Connect for a period of 12 months only to provide the management and coordination of the Action Towards Inclusion VCS partnership of providers to ensure this service and VCS delivery organisations is not at risk from the withdrawal of ESF funding and can continue delivering key worker and wrap around employability support to inactive individuals across North Yorkshire.

This decision has allowed for the continuation of the programme to ensure client and sub-providers were able to continue with their service and support - continue with excellent outcome result and performance.

Better Connect were awarded the contract on the understanding that the existing 20 providers through which the work was sub-contracted and delivered, would continue/develop their work for existing and new clients over the course of the 12 months (23/24).

Better Connect’s (through an agreed and fixed fee) role has expanded to include:
- Acting as the accountable body for the programme
- Partnership profiling and development
- Grant criteria, monitoring form and evaluation development
- Delivery of partner training workshops
- Ongoing partner support and performance management
- Programme marketing and promotion
- Monitoring and financial paperwork verification
- Financial claims processing
- Partner payment calculations
- Internal and external audit management
- Programme storage and archive
- Strategic liaison with funders and stakeholders
The value of the contract with Better Connect is: £210,068

The Authority has awarded a contract to FFT Education Limited to provide pupil and school performance data analysis through GCloud 13 Framework.

The new contract is to commence on the 1 April 2023 for an initial period of 12 months.

The award of a contract to Thomson Reuters for the provision of a broad range of reference material, case law, and expert information for Legal Services.

The contract is for 12 months starting on 1 April 2023 until 31 March 2024. No extensions are available.

The contract value is £95,689.05 (exc VAT).

That the Authority re-affirms the stance approved on 27 November 2020, and based on the evidence available at this time, to support confirmation of the Order within the Authority’s submission of this opposed Definitive Map Modification Order (DMMO) to the Secretary of State (SoS).

The approval for 25 additional new schemes up to the value of £1.38M, as detailed in Appendix 1 of the report to be included within the Highways Capital Forward Programme (HCFP).

As implementation of an earlier Key Decision on 27 May 2022 and as a non key decision by an officer, is NOT open to call in.

Approval of Community Transport capital grants to Hambleton Community Action and the Sherburn Visiting Scheme.

Approval of proposals for charges made for services provided by Integrated Passenger Transport (IPT).

To retain the existing Traffic Regulation Order (TRO) of 1999 (7.5 tonne weight restriction in a zone covering various roads in the Asenby, Rainton and Topcliffe area) in its current form until 6 months following the completion of all of the signage improvements on both the local road network (managed by NYC) and the strategic road network (managed by National Highways).

The award of a contract for the technical support and maintenance of MapInfo Pro a geographical information system to CDR Group Ltd. Support for the system has been in place since 1 May 2019, and the contract will run until 30 April 2024, with the option for a 12-month extension.

The whole life cost is £115,000 (exc VAT).

Approval agreed to publish the updated actions arising from the published Section 19 Flood and Water Management Act 2010 flood investigation reports on the Council's website.

The provision of a Participation Support Service between The North Yorkshire Council and Keyring Living Support Networks, commenced on 1st April 2019 (Year 1) and the contract will expire on 31st March 2024 (Year 5).

A variation to this contract has been agreed. The variation details a backdated fee uplift of 3% from Year 2 and 3, and 3.10% in Year 4 and Year 5 of the contract

Each year the local authority must publish a post 16 policy statement on home to school transport by May 31st
This report is to recommend the contribution fees for both post 16 and spare seat (paid travel permits) for the 2023-24 Academic Year which must be declared in the policy statement

To

1. Increase the post -16 charge in line with corporate inflation uplift to £747.50

2. To implement the policy change and increase the charge for spare seats
(paid permits) to £747.50 to match the Post -16 rate for 2023/2024 academic
year.

3. To continue to support the 50% reduction for families with a low income.

UPDATE OF ORIGINAL KEY DECISION OF 16.03.2023 DISCLOSING CONFIDENTIAL INFORMATION AND THEREFORE NOT OPEN TO CALL IN - Approval to carry out a procurement process to source a supplier to deliver the Home Upgrade Grant scheme across North Yorkshire.

To Award a hire contract to Portakabin Ltd at a value of £424,950.00 for temporary decant provision at Welburn Hall School.

The Corporate Director - Strategic Resources in consultation with the Deputy Leader, the Monitoring Officer and the Section 151 Officers of the District Councils has approved the specific consents attached in Appendix 1 to the report.

The approval of the Non-Domestic Rating Discretionary Rate Relief Scheme by the Section 151 Officer, under a specific delegation from the Executive on 5 July 2022:

“(iii) Discretionary reliefs wholly defined by the Government and reimbursed by the Government under a S31 Grant
• that the Council adopts all S31 Government funded discretionary reliefs in accordance with any guidelines issued.
• That the Council’s s151 Officer be delegated the authority to amend any such approach to ensure that any relief granted is in line with the intentions of the Government and is compatible with the Council’s objectives.”

The decision has been taken to vary the existing contract to add four additional portals as follows, from 1 April 2023 to 31 March 2027:
• Adults Portal (LL)
• LAS Delegation Portal (LL)
• Online Financial Assessment (OCC)
• Client Finance Portal (OCC)

This report is in relation to the re- procurement of Office Furniture Removal, Storage and Disposal Services. The current contract is due to expire 31 July 2023 and the proposal is to advertise the opportunity via a competitive procurement process advertised via Yortender portal.

To proceed with a procurement of Office Furniture Removal, Storage and Disposal Services via an open tender process advertised on the Yortender platform for a period of 24 months starting on 1 August 2023 with two optional extension periods of 12 months.

To undertake a procurement exercise for re-roofing works at Alverton Community Primary School, Northallerton and Bedale CE Primary School.

To Award a construction contract to RH Fullwood Ltd at a value of £279,383.88 for a classroom and toilet extension at Foston Primary School.

To recommend the annual uplift in payments to North Yorkshire Foster Carers that will take effect from 1 April 2023..

To also present an options appraisal of other possibilities to increase payments to Foster Carers for the purposes of retention and recruitment.

After consideration of the report and the completed Equalities Impact Assessment and Climate Change Impact Assessment it was agreed to raise Allowances, Premiums and Fees on 1 April 2023 by the rate of December CPI inflation applied to April 2022 payment levels

Accredited premiums and advanced/specialist Fees – To increase the accredited premium by 15%
Additional Payments:
• Introduction of bridging payments to accredited Foster Carers
• Pay the first 100 miles of transport
• Include Foster Carers in the Vivup Everybody Benefits scheme
• Introduction of a ‘Recommend a Friend’ and Golden Hello Scheme

Additionally, to keep Foster Carer payments under constant review. This review to be mindful of the impact of additional payments on both retention and recruitment.

To request that the Executive Member - Highways and Transportation, after consultation, authorises the Corporate Director - Strategic Resources to accept the Bikeability Scheme Grant offer for 2023-224 of £186,165 from the Department for Transport (DfT).

To accept the DfT grant of £186,165 subject to approval of the terms and conditions by legal services and approve the delivery and funding model outlined in Option 2 for the 2023/24 Bikeability Scheme.

By whom: County Councillor Keane Duncan, Executive Member for Highways & Transportation, following consultation with the Karl Battersby, Corporate Director – Business and Environmental Services, the Corporate Director – Strategic Resources and the Assistant Chief Executive (Legal and Democratic Services) to authorise the Corporate Director - Strategic Resources to accept the DfT grant offer for 2023-24

To delegate approval to accept the Home Upgrade Grant Phase 2 (HUG2) to the Corporate Director Strategic Resources in consultation with the Assistant Chief Executive Legal and Democratic Services subject to acceptable terms and conditions being received.
And
To delegate authority to the Corporate Director Strategic Resources to sign the Memorandum of Understanding by 27.01.23 and the Data Sharing Agreement by 03.02.23

To approve the proposed changes in fees and charges for in-house community care services, plus meals, transport and laundry services for 2022/23

Approval has been given for the new fees and charges for in-house and community care services as outlined in Section 3 of the report, tables 1 and 2 of the report to be effective from 10 April 2023 for 2023/34.

To approve fees and annual uplift level for 2023/24

The proposed fees for residential, nursing, domiciliary care and community based services have been agreed for 2023/24
(i) That fee increases to care homes for both residential and nursing will be as below:
a) The four Actual Cost of Care (ACOC) rates for 2023/24 will be: Residential 812, Residential/Dementia 854, Nursing 896 and Nursing/Dementia 903.
b) The Cost of Care rate will be implemented for all existing placements by April 2024 where they are currently paid below that rate.
c) For those above the ACOC rate, inflation will be paid at 3% up to £1,200 per week, with no inflation above that.
d) All new placements will be paid the ACOC rate, except in exceptional circumstances and where agreed otherwise.
e) As ACOC rates only apply to placements for over-65s, placements supporting adults under the age of 65 will be paid an inflation rate of 9.2% for those below £1,000 per week and 3% for those above.
f) Specialist residential placements for people over-65 costing less than £1,000 per week will receive 9.2%, while those above will receive 3%.
(ii) An 9.2% increase for Community-Based Support/non-regulated services, including Day Services. This will be rounded up to ensure it is divisible by 4.
(iii) For domiciliary care: 9.2% uplift to all domiciliary care packages below £26 per hour. 3% for those between £26 and £33. No inflation will be paid on hourly rates above £33.
(iv) Increases to supported living care packages will be 9.2%.
(v) For placements of people in care homes outside of North Yorkshire County Council we will honour an uplift agreed by the host authority where they have undertaken an Actual Cost of Care exercise, and will consider individual business cases where there is no Actual Cost of Care exercise in place.

To agree and approve the Market Sustainability Plan for Care homes for people age 65+ and for Domiciliary care for people age 18+ for publication on the North Yorkshire County Council website no later than 27 March 2023.

It was agreed to publish the Final Market Sustainability Plan (MSP). Completion of the MSP is a condition of the Market Sustainability and Improvement Funding Grant.

The purpose of this report is to explain the use of E-Cigarettes as a harm reduction tool, to assist people to stop smoking, when used as part of a comprehensive package of support to individuals accessing the Living Well Smokefree Service.

The decision is to award a contract for a supplier of E-Cigarettes to be used as part of the service offer provided by Living well Smokefree.

To award a contract for the supply of e-cigarettes as a harm reduction tool to be used as part of the Living Well Smoke Free Service offer.

To record the decision of GARY FIELDING to take enforcement action under the Criminal Justice and Public Order Act 1994 in accordance with his delegated powers contained within the Council’s Constitution.

To seek agreement for NYCC to sign up to deliver the Supporting Families Programme in 2023/2024, which will allow the Chief Financial Officer to authorise the participation of NYCC in the programme. This will enable the local authority to receive the allocated funding.

To agree for NYCC to sign up to deliver the Supporting Families Programme in 2023/2024 and 2024/2025, which will allow the Chief Financial Officer to authorise the participation of NYCC in the programme. This will enable the local authority to receive the allocated funding

To seek approval for the initial deployment of a small part of the fourth Household Support Fund (HSF) allocation from the Department for Work and Pensions (DWP). DWP guidance requires that local authorities offer support through the Household Support Fund from 1 April 2023.

[A further report for decision will be submitted in due course, with a delivery plan for the remaining HSF allocation.]

To approve the initial deployment of a small part of the fourth Household Support Fund (HSF) allocation from the Department for Work and Pensions (DWP). DWP guidance requires that local authorities offer support through the HSF from 1 April 2023.

A further report for decision will be submitted in due course for Executive approval, with a delivery plan for the remaining HSF allocation for 1 April 2023 to 31 March 2024.

To authorise the acceptance of an offer for external funding from the Public Sector Heat Decarbonisation Scheme Phase 3b.

To authorise the Corporate Director - Strategic Resources to accept the Public Sector Decarbonisation Fund Phase 3b (PSHDS3b) grant, following confirmation that NYCC’s application has been successful.

This funding stream is being made available by Government department Business Energy and Industrial Strategy to assist the decarbonising public sector properties heating. This particular phase is aimed at assisting the removal of end of life gas and oil boilers to be replaced by lower carbon technologies such as heat pumps.

To seek approval from the Corporate Director - Business and Environmental Services for the procurement of a supplier to deliver an Energy Efficiency Scheme across North Yorkshire

Approval to carry out a procurement process to source a supplier to deliver an Energy Efficiency Scheme across North Yorkshire.

Not open to call in as Urgency Procedure applied.

To undertake a procurement exercise for the refurbishment of design and technology facilities at The Wensleydale School.

To undertake a procurement exercise for an extension to create a hygiene room and an external platform lift at Richmond Methodist Primary School.

To Award a construction contract to Hobson and Porter Ltd at a value of £7,062,915.25 for construction of new primary school for North Northallerton on land to the east of the A167 Darlington Road, Northallerton.

To undertake a procurement exercise for an extension to the existing playground and associated drainage works at Cowling Community Primary School.

Seeking approval to enter into a contract for Adobe Connect licences, support and maintenance, utilising a Crown Commercial Service led aggregation exercise to meet our requirements for various Adobe licences, including Adobe Connect licences.

Seeking approval to enter into Contract with Bytes Software Services Ltd for Adobe Connect licences, support and maintenance.

Utilising a Crown Commercial Service led aggregation exercise to meet our requirements for various Adobe licences, including Adobe Connect licences.

The Authority has awarded a contract to Code Enigma to provide Drupal Website Hosting through GCloud 13 Framework.

The new contract is to commence on the 1 April 2023 for an initial period of 36 months with the optional extension period of 12 months.

To explain the role of the North Yorkshire Consolidated Planning Policy Framework presented at Appendix 1 to the report and the Schedule of Planning Policy Evidence Base Documents for North Yorkshire presented to Appendix 2 to the report.

To ask the Executive Member For Planning to approve, as the Council’s agreed position, the North Yorkshire Consolidated Planning Policy Framework presented at Appendix 1 to the report and the Schedule of Planning Policy Evidence Base Documents for North Yorkshire presented to Appendix 2 to the report for publication on the North Yorkshire Council’s website as soon as is practicable.

The North Yorkshire Consolidated Planning Policy Framework document presented at Appendix 1 and the Schedule of Planning Policy Evidence Base Documents for North Yorkshire attached at Appendix 2 of the report are approved and to be published on the North Yorkshire Council's website as soon as practicable.

Delegated authority is granted to Trevor Watson, Director for Economy, Environment and Housing Harrogate BC (Assistant Director for Planning at North Yorkshire Council from 1 April 2023) to make any necessary minor amends and update each document as and when necessary, before publishing to the North
Yorkshire Council’s website.

To consider the results of the funding consultation undertaken with early years providers operating within North Yorkshire and to approve recommendations to change the funding rates paid to early years’ providers for the funded entitlement for 3

To increase the provider base funded rate for:
- the universal and extended funded entitlement for 3 & 4 year olds from £4.31 per hour to £4.57 per hour for the 2023/24 financial year.
- disadvantaged 2 year olds from £5.51 to £5.64 for the 2023/24 financial year

To seek authorisation for NYCC (through the York and North Yorkshire Local Enterprise Partnership) to submit an Expression of Interest to access up to £650,000 of Revenue funding and £350,000 Capital funding from Defra.

That:
i. The submission of an Expression of Interest by NYCC for grant funding of up to £1million (max. £650,000 revenue and £350,000 capital) covering two financial years 2023/24 and 2024/25 be authorised;

ii. Approval of the final content of the Expression of Interest be delegated to the Corporate Director - Business and Environmental Services;

iii. Acceptance of any grant funding offered as a result of this Expression of Interest be delegated to the Corporate Director - Strategic Resources following consultation with the Corporate Director - Business and Environmental Services and the Assistant Chief Executive (Legal and Democratic Services), subject to acceptable terms and conditions being received.

To approve a variation and extension to the contract for Community Mental Health Services

To extend the Community Mental Health Services contract for an additional 24 months to 30 September 2025. To begin work as soon as possible to explore the re-procurement of a new service, including consideration of a public engagement exercise and collaborative commissioning opportunities with Health.

To consider a series of proposals around Shared Lives systems and processes to be potentially implemented as part of the new Shared Lives Operating Model commencing 1st November 2023.

It has been agreed to procure the Shared Lives Scheme with a revised operating model which includes an evaluation tool to support assessment for new placements with refined payment terms for Shared Lives Carers

To review future arrangements for the Trailblazer Programme in light of the announcement by the Department of Health and Social Care that the programme is to be paused.

The Corporate Director for Health and Adult Services in consultation with the Corporate Director Strategic Resources and Executive Member for Health and Adult Services noted the formal ending of the Trailblazer Programme. It was agreed that some work which began as part of the project will continue where appropriate, and within existing budgets, to ensure that lessons learned during our participation can help to deliver value for money in service provision.

The Council agreed to recommend acceptance of grant funding from the Local Electric Vehicle Infrastructure (LEVI) Capability Fund and delegated the Corporate Director - Strategic Resources to accept the funding of up to £88,920 and thereafter submit a proposal to the Department for Transport in respect of expenditure of the grant in line with the Memorandum of Understanding.

To determine requests made by certain district/borough councils under section 24 of the Local Government and Public Involvement in Health Act 2007 regarding Chief Executive settlement agreements.

The Leader has granted Section 24 consent for the Chief Executive settlement agreements for Craven District Council, Harrogate Borough Council, Richmondshire District Council, Ryedale District Council and Selby District Council on the terms agreed in their respective Councils’ reports.

The Authority has awarded a contract to ME Learning for the Digital Staff Training for Liquidlogic Solutions through GCloud 13 framework.

The new contract is to commence on the 1 April 2023 for an initial period of 36 months with the optional extension period of 12 months.

To seek approval to accept the conditions set by the Department for Education in relation to the Council’s successful bid for inclusion in the Special Free School programme.

The proposed school is to be located based in Northallerton and would support young people with significant SEMH needs in the Hambleton / Richmondshire area.

To approve, following a successful application to the Department for Education, the acceptance of the conditions offered to establish a new Special Free School in Northallerton at the Grammar School Lane site

This is for approval of the grant forms to participate a 5 year Nuffield funded research project looking at the progress and life experiences of care leavers.
The funding is for a part time data person to facilitate the data sets for the research project. Year 1 was set up from year 2 active research. ( £33,750 x 4 years = 135k in total)

To approve the acceptance of the £135,00 grant funding from the Department for Education for delivery of this digital and data grant programme

To agree the High Needs Budget for 2023-24, setting out the financial pressures and funding available for expenditure that fall within the High Needs Block of the Dedicated Schools Grant.

To approve the proposed High Needs Block budget as set out in section 3.1 of the report.

To commence a public consultation on the de-commissioning and closure of five designated Children’s Centres, namely:
•Kirkbymoorside Children’s Centre
•Eastfield Children’s Centre
•South Craven Children’s Centre (Glusburn)
•Wensleydale Children’s Centre (Askrigg)
•Nidderdale Children’s Centre (Pateley Bridge)

To agree fees to parents and schools for the Music Service 2023/34

That for the financial year 2023/24 a 6 % increase be applied to tuition fees. The effective date of the fees change should be April 2023. Termly Fees and charges to apply from April 2023 will be as follows:
Tuition in a group - £80.00
Individual tuition – 20 minutes- £156.30
Group of two – 30 minutes - £156.30
Individual tuition – 30 minutes- £219.50
Instrument Hire - Variable in line with value of instrument
That a 6% increase be applied to Music Centre fees to reflect increased venue costs
Music Centre – full morning£68.50
Music Centre – part morning£54.90
.
That fee remissions relating to free school meals and working tax credit remain unchanged.

To directly award a Multi Disciplinary Consultancy Services Contract to Align Property Partners a wholly owned Teckal Company of NYCC

To enter into a new Multi-Disciplinary Consultancy Services Contract with a wholly owned Teckal Company of North Yorkshire Council effective from 1st April 2023.

To agree the scheme for Locality Budgets 2023/24

To approve the Locality Budget scheme to be operated by North Yorkshire Council for the financial year 2023/24.

To provide an update on grant funding from the Department for Transport (DfT) for the A59 Kex Gill scheme and accept £5,883,739.00 of grant monies.
This represents reimbursement of project development life cycle expenditure to date, to be paid this financial year ending 31 March 2023.

Acceptance of A59 Kex Gill grant funding from Department of Transport of £5,883,739.00 to reimburse project development costs incurred by the Council up to Q3 2022/23.

Not open to call in as Urgency Procedure applied.