Meeting documents

Thursday, 2 August 2007

Ryedale House, Malton

 

Apologies for absence were received from Councillors Acomb,Arnold and Legard.

 

 

 

The minutes of a Special Meeting of the Policy & ResourcesCommittee held on 7 June 2007 and the Minutes of an OrdinaryMeeting of the Committee held on 28 June 2007 were presented (previouslycirculated).

 

It was noted that at a meeting of the Council held on 12 July2007 the above minutes had been approved and adopted subject to thefollowing amendments:

 

 

 

 

 

The Chairman reported that there was one item which heconsidered should be dealt with at the meeting as a matter ofurgency by virtue of Section 100B(4)(b) of the Local Government Act1972. The item related to the Travellers’ Site, Malton.

 

 

 

There were no declarations of interest made under the Code ofConduct.

 

 

 

The minutes of a meeting of the Resources Working Party heldon 12 July 2007 (previously circulated) weresubmitted.

 

 

 

 

The minutes of a meeting of the Resources Working Party heldearlier in the day were presented (circulated at themeeting).

 

The above minutes were considered under exempt information(Minute No.189 refers).

 

 

 

The Chief Executive reported that, as Members were no doubtaware, the County Council’s bid for unitary status had failed. Thebid had failed on the issue of Neighbourhood Flexibility andEmpowerment.

 

The decision was welcomed and it was pleasing to note that thereview process had not distracted the Council from its work.However, the Council must now move forward.

 

The Leader of the Council reported, that bearing in mind thegovernment’s emphasis on neighbourhood flexibility and empowerment,references to two-tier should be replaced by ‘three-tier’working.

 

 

 

The Director of Policy and the Customer Support Managersubmitted a joint report (previously circulated), which soughtreaffirmation of the Council’s commitment to working in partnershipwith the North Yorkshire County Council on the development of theChurch House project in Kirkbymoorside, with a view to transferringthe Council’s area office functions from the existing CommunityOffice building to the new Customer Centre in summer 2008.

 

The project was at a significant stage in its development andrequired firm commitments from all parties in order for the fullbusiness plan to be submitted for Yorkshire Forward funding.Without the external funding the project would fail. The keydecisions related to the lease arrangements with the owners,capital costs, revenue funding streams, staffing and the futureintegration of the existing Community Office services andfunctions, details of which were outlined in the report.

 

The report sought confirmation of the Council’s ongoingcommitment to the project; whether it wished to seek to retain theservices and functions of the existing community office; and, ifso, sought authorisation for officers to investigate options forincome generation from the future use of Community Officebuilding.

 

Members endorsed the recommendations in the report and were ofthe opinion that any capital receipt should be ring-fenced for thefuture retention of the community office functions.

 

 

 

 

The Director of Policy submitted a report (previouslycirculated), which sought approval of Member Roles/JobDescriptions. Draft Member Roles had previously been circulated forcomment to all Members of the Council. The roles related to thefollowing:

The Director of Policy reported that it had been suggestedthat job descriptions should include reference to press/mediacontact. It was agreed that the job descriptions for the Chairmanof the Council and Leader of the Council be amended to includepress/media contact in respect of corporate and cross-cuttingissues; and Committee Chairmen in respect of work relating to theircommittee remit.

 

With reference to the Member Champion outline it was agreedthat point 3 be amended to read ‘ To stay sensitive to Councilpriorities and remember their broader role as a Councillor.’

 

In addition, Members agreed that no further action be takenwith regard to the provision of a generic Councillor profile.

 

Members welcomed the suggestion that following agreement andadoption of the job descriptions, additional skills training orMember development activities were to be programmed to ensure thatall Members were equipped to fulfil their roles adequately.

 

 

NB Councillor Aslett recorded his vote against the abovedecision.

 

 

Report (PDF,29k), Annex A Part 1 (PDF, 961) and Annex A Part 2 (PDF, 2.27mb).

 

The Planning Policy Manager submitted a report (previouslycirculated) the purpose of which was to consider the sites proposedin the County Council’s Minerals and Waste Development Frameworkconsultation document and to agree the Council’s response.

 

The NYCC was currently preparing the submission versions ofthe Minerals and Waste Core Strategies. Both of these documentsreflected key principles of national and regional policy in respectof minerals and waste, details of which were outlined in thereport.

 

5.2 Future waste planning would demand a shift in the pattern,type and distribution of waste management facilities across theCounty. Waste planning authorities must identify sites and areas tomeet waste management needs. The proposed Waste Core Strategyreflected the existing joint municipal waste strategy (prepared bythe City of York and NYCC), which required that one wastetransfer/reception station should be provided in each District tocater for municipal waste.

 

5.3 The County has a 7-year land bank for sand and gravelextraction, and so the Minerals Allocation DPD would need toidentify further sand and gravel sites to maintain an appropriatesupply. In terms of crushed rock, the County has a twenty- yearland bank, and so a new supply of sites was unlikely to be requireduntil the end of the plan period (2016). To ensure that anappropriate land bank was maintained, the County had suggested thata new supply was identified in the Allocations Document but thatthis should be phased.

 

5.4 The Consultation document included six sites in Ryedalethat have been submitted to the County Council for consideration.Three sites were proposed locations for a waste transfer stationand three sites had been proposed for limestone (primarily, crushedrock) extraction. The site information as it outlined in theconsultation document was included with the report, together with aproposed response from this Council.

 

Following consideration of the report it was

 

 

NB Councillor Knaggs abstained from voting on the aboveitem.

 

 

 

There were no items referred from Council and/or otherCommittees.

 

 

Report (PDF,25k).

 

The Corporate Policy Manager submitted a report (previouslycirculated), which sought endorsement of a response to the aboveconsultation paper.

 

The Government was working to put an end to all forms ofdiscrimination, whether based on age, disability, gender, race,religion or belief, or sexual orientation. In order to simplify andmodernise discrimination law and to make it more effective, theGovernment committed to introduce a Single Equality Bill duringthis Parliament. To ensure the delivery of this commitment, inFebruary 2005 the Government launched the Discrimination Law Review(DLR) to undertake a fundamental review of discrimination andlegislation in Great Britain, and bring forward proposals for aclearer and more streamlined equality legislation framework, whichproduces better outcomes for those who experiencedisadvantage.

 

The DLR was set up alongside an independent Equalities Reviewto look at the underlying societal and cultural causes ofdisadvantage and inequality. The Equalities Review published aninterim report for consultation on 20 March 2006 and its finalreport, Fairness and Freedom, on 28 February 2007.

 

The consultation paper set out the Government’s proposals fora Single Equality Bill for Great Britain. The proposals wereplanned to support the role of the Commission for Equalities andHuman Rights, which was to replace the Commission for RacialEquality, the Disability Rights Commission and the EqualOpportunities Commission from October 2007, as the principal agencycharged with leading the fight against inequality anddiscrimination.

 

The Policy Manager reported that the approach being advocatedby the government in the green paper was in line with the approachthat the Council had adopted in developing its own equalitiespolicies and practices.

 

 

 

 

The Human Resources Manager submitted a report (previouslycirculated), which sought approval of a Corporate RetirementPolicy.

 

The Human Resources Manager reported that the Council wasrequired to introduce a retirement policy to ensure that it waslegally compliant with The Employment Equality (Age) Regulations2006, which had come into force on 1 October 2006. A policy andprocedure had been drawn up and was outlined in the report.Following adoption, the policy was to be published on the Council’sintranet. The policy had been subject to consultation withUNISON.

 

The Human Resources Manager reported that other existingpolicies and procedures where also being reviewed to ensure thatthey complied with the new legislation.

 

 

 

 

The Human Resources Manager submitted a report (previouslycirculated) in connection with issues relating to the employment ofstaff for short term needs ie Fixed Term Appointments (FTA) andShort Term Appointments (STA). The report sought approval of a newFixed Term Contracts Policy.

 

The Human Resources Manager reported that the Council did notcurrently have a policy on fixed term or short-term appointments.This increased the risk of an inconsistent approach being appliedacross the authority and as such the authority would be vulnerableto non-compliance and ultimately legal challenge. The Councilcurrently employed in excess of 15 employees on these types ofcontracts.

 

The Human Resources Manager reported that all employeesemployed for over one year had the legal right to go to anemployment tribunal; over two years service an employee had furtherrights to claim for redundancy; once an employee had accruedover four years service they had the right to be madepermanent, if they had not already been made so.

 

The report outlined the following:

The Council was required to have a policy for Fixed Term andShort Term employees and must legally adhere to the terminationprocess. Following approval, the policy would take immediate effectand would be published on the Council’s intranet. The policy hadbeen subject to consultation with UNISON.

 

 

 

 

Report (PDF,29k).

 

The Chief Executive submitted a comprehensive report(previously circulated) the purpose of which was to consider arequest from an elected Member for an Environmental ImpactAssessment (EIA) for the proposed Community Sports Centre at MaltonComprehensive School.

 

Members were reminded that at an Extraordinary Meeting ofCouncil held on 29 March 2007 consideration had been given to theprovision of a proposed Community Sports Centre at MaltonComprehensive School.

 

During the debate Councillor Clark had sought guidance on therelevance of the European court judgment in relation to the LondonBorough of Bromley and Barker on the White City development. Inaddition, Councillor Clark had proposed an amendment “That theCouncil carries out a full Environmental Impact Assessment beforeproceeding any further. This to be submitted to the PlanningCommittee from the applicant”. The Chairman had ruled the amendmentout of order.

 

A report had subsequently been submitted to a meeting of thePolicy & Resources Committee on 28 June 2007. However, this hadbeen deferred at Councillor Clark’s request.

 

The report reminded Members of the various sections of aformal EIA. It was considered highly unlikely that a formal EIAwould be a requirement for the proposed sports centre. However, itwas considered that any new building commissioned by the Councilshould be built to the highest possible environmental standards.The framework for assessing this was the BREEAM (Building ResearchEstablishment Environmental Assessment Method) rating, reflectingthe construction, design and operation of the building.

 

There is no formal BREEAM assessment in existence for sportscentres, however the BREEAM assessment was split into areas such asmanagement, energy use, pollution, transport, and throughcontractual clauses any of these could be applied to a new sportscentre building in a way that would be easily recognisable toarchitects and construction companies.

 

It is considered that the most effective means of ensuringthat any building met BREEAM or equivalent standards was to requirethe brief of the architect to include strict and defined provisionthat the building be designed to meet, as far as is practicable,the required BREEAM standards or any equivalent standard.

 

 

The Internal Audit Manager submitted a report (previouslycirculated), which set out a proposal for the provision of theInternal Audit function from 1 January 2008.

 

The Partnership currently comprised Ryedale District Council,Scarborough Borough Council and Selby District Council. TheInternal Audit Manager reported that Hambleton District Council hadindicated that they wished to join the Partnership with effect from1st January 2008.

 

The Audit Partnership had been a success and had deliveredimproved internal audit services at a stable cost. It wasrecommended that the Partnership Agreement be extended to includeHambleton District Council.

 

 

 

 

The Chief Executive reported that the Council Constitution wasin need of review. It was suggested that a time limited WorkingParty be established to progress the review. In addition, the ChiefExecutive reported that an independent member of the StandardsCommittee, with previous experience in this respect, had offered toassist in the process.

 

 

 

 

 

 

 

 

Following consideration of the above minutes, andclarification of the matters raised by Members, the minutes wereendorsed.

 

 

NB Councillor Andrews recorded his vote against the abovedecision.

 

 

 

The following item was considered as it was decided by theChairman to be urgent by virtue of Section 100B(4)(b) of the LocalGovernment Act 1972.

 

 

 

The Chief Executive reminded Members that the above site hadbeen managed by the Gypsy Council on behalf of the Council. TheCouncil had received notice that this agreement was to beterminated.

 

In the circumstances the options available to the Council wereto either outsource the management of the site or to managein-house.

The Chief Executive reported on an approach that had been maderegarding the short-term management of the site. In thecircumstances Members were of the opinion that in the firstinstance the Chief Executive should be authorised to pursue theshort-term management of the site.