Thursday, 4 October 2007
Ryedale House, Malton
Present
Councillors Wainwright (in the Chair), Acomb, Andrews, Arnold,Aslett, Cottam, Keal, Knaggs and Legard
By Invitation of the Chairman: Councillors Clark, Mrs Cowling,Cussons, Mrs De Wend Fenton, Hope, Maud, Raper, Mrs Shields and MrsWilford
In Attendance
T Anderson, Mrs B Bennett, Mrs L Carter, J Davison, D Ellis,Mrs M Jackson, J Patten, J Rudd, Miss L Sandall, Mrs C Slater, MissJ Waggott and A Winship
Minutes
249. Apology for Absence
An apology for absence was received from Councillor MrsBurr.
250. Minutes
The minutes of a meeting of the Policy & ResourcesCommittee held on
2 August 2007 were submitted (previouslycirculated).
Resolved
That the minutes of a meeting of thePolicy & Resources Committee held on 2 August 2007 be approvedand signed by the Chairman as a correct record.
251. Urgent Business
The Chairman reported that there were three items, which heconsidered should be dealt with at the meeting by reason of specialcircumstances listed below as a matter of urgency by virtue ofSection 100B(4)(b) of the Local Government Act 1972 as theserelated to (i) the closure of Post Offices in Ryedale becauseurgent steps needed to be taken in the public interest to explorealternative ways of providing post office services, (ii)consideration of the Senior Management Contracts Working Partyminutes of 24 September 2007 because of the essential need tofacilitate the recruitment of a Section 151 Officer and have aredundancy policy in place for the current management restructureand (iii) consideration of an item relating to providing grantfunding to Community Leisure Ltd to commission a business plan tofacilitate consideration of grant funding in the Council’s budgetprocess.
252. Declarations of Interest
The following declarations of interest were received:
Item 10 (Community Assets) - Councillor Wainwright and Mr JPatten, Interim Chief Financial Officer, declared personal andprejudicial interests in the item as trustees of Ryedale VoluntaryAction.
Item 12 (Draft Derwent Catchment Flood Management Plan)Councillor Andrews declared a personal interest as a representativeon the Rye Internal Drainage Board, Councillor Acomb declared apersonal interest as a representative on the Thornton InternalDrainage Board.
Councillor Wainwright declared a personal and prejudicialinterest as the Vice Chairman of the Rye Internal Drainage Boardand also as he farms land likely to flood.
253. Resources Working Party - 14 August and 18September 2007
The minutes of meetings of the Resources Working Party held on14 August 2007 and 18 September 2007 were presented (previouslycirculated).
Resolved
That the minutes of meetings of theResources Working Party held on 14 August and 18 September 2007 assubmitted be endorsed.
254. Senior Management Contracts Working Party - 21August and 24 September 2007
The minutes of meetings of the Senior Management ContractsWorking Party held on 21 August 2007 and 24 September 2007 wereconsidered under exempt business at the end of the agenda.
255. Constitution Review Working Party
The minutes of a meeting of the Constitution Review WorkingParty held on 24 September 2007 were presented (previouslycirculated).
The Chairman reported that it was proposed that the nextmeeting of the Working Party be held on 5 November 2007.
Resolved
That the minutes of a meeting of theConstitution Review Working Party held on 24 September 2007 beendorsed.
256. Budget Strategy 2008/09 and Medium Term Review to2011/12
The Interim Chief Financial Officer submitted a report(previously circulated) the purpose of which was to form the basisof budget preparation and planning.
The Council had agreed to embark on an ambitious programme ofcapital expenditure and investment over the next few yearsrequiring the use of most of its capital resources. This hadsignificant revenue and capital consequences, which requiredcareful financial planning.
The anticipated changes to revenue grants and Government planswould have an adverse impact on the Council’s revenue budget.
The report brought these factors together and suggested anumber of options for consideration. The detailed figures wereprovisional, but even if they changed the overall impact of thepolicies would be similar in magnitude.
It was suggested that the Council was moving towards seriousfinancial difficulties should immediate planning be not undertakenon the issues in the report. To ensure that some or all of thepolitical aspirations were achieved the nature, scope and range ofservices delivered would have to change and the staffing andmanagement costs appropriately reduced.
The report outlined the following:
The Interim Chief Financial Officer reported that it wascritically important for the Council to plan ahead for theincreased costs or savings as detailed under the above headings.Not only was this essential as required under the Prudentialborrowing Code but was basic financial planning. The Council was tobe exposed to two major contracts, which combined in size, would bethe largest to be undertaken within the District within the last 25years, and also on a low resource base. Risks must be mitigatedthrough careful planning.
The effect on next year’s revenue budget of these majorschemes would be negligible since borrowing and operational costswould not yet have been incurred. However, thecommitments would have been made.
The exposure to increased costs could be split out over aperiod of years to take into account capital expenditure andrunning costs. It was also possible to assume that not all capitalschemes would be achieved, or the cash spent within the period andborrowing had to be a decision of ‘last resort’.
The current Medium Term Financial Plan assumed an inflationaryCouncil Tax increase. With the above increases in expenditure,examining all sources of finance had to be an option. An increasein Council Tax near to the Government capping limit of 5% wouldraise an extra £65k each year assuming inflation at 3%.
The report outlined the following scenarios:
- Maximum exposure position. Capital Programme fully spent in‘volume’ and 3% savings
- Capital Programme under-spent by £1m, industrial developmentscheme costs capped at £75K pa, 3% savings
- Capital Programme under-spent by £1m, 1.5% savings.
The report concluded that:
- Based on the options detailed in the report the minimum savingsto be found on revenue expenditure for the next four years are£764k and the maximum £1194k. The implications of this requiremajor and fundamental changes to the range and method of servicesto be delivered by the Council.
- These changes have to be planned well in advance
- The planning has to take effect now to ensure changes are readyfor the difficult two years of 2009/10 and 2010/11.
- The MTFP, Prudential Code and budget framework for 2008/9onwards must be revised and provisions made accordingly.
- CMT are instructed to bring forward proposals to meet thesesavings based on the results of the SIMALTO exercise currentlybeing undertaken and due recognition of the Council objectives andtargets.
- In order to facilitate this process CMT consider Service UnitManagers should appraise their services and costs so that thecurrent budget less 10% is that provided for in 2009/10.
- CMT report to the December Policy and Resources Committee onthe outcome of both capital and revenue reviews.
In considering the report the opinion was expressed that thebest-case scenario was that all the projects would go ahead.However, the Council had ambitions and these included two largeschemes, therefore, it would be necessary to make strategicchoices.
Resolved
That the report be accepted and thatMembers:
(a) Prepare for permanent revenue savingsof between £744K and £1,174K over the next four years
(b) Make appropriate changes to theCouncil’s statutory documents as detailed in the report
(c) Plan for changes in the delivery andrange of services.
NB Councillor Andrews abstained from votingon the above decision.
257. Corporate Plan Priorities
The Director of Policy submitted a report (previouslycirculated), which sought to re-affirm the Council’s Corporate Aimsas agreed in the Corporate Plan - Working With You To Make aDifference, and to offer Members an opportunity to request are-assessment of the priorities in advance of the budget planningprocess.
The current plan had been agreed following a thorough analysisof a range of competing and complimentary factors: outcomes frompublic consultation; the priorities in the community strategy;external national requirements; outcome of audit and inspectionreports and articulates these into a set of objectives and actionsfor the Council to focus on.
As part of the annual budget process it is good practice toreassess the aims and objectives to ensure that they are stillserving the needs of the district and authority. A fundamentalreview will take place every three years. 2008/09 represents thefinal year of the life of this plan and as such it is not proposedto undertake a comprehensive review at this time.
The Corporate Plan formed part of a suite of high levelplanning strategies which included the Medium Term Financial Plan,a Workforce Development Plan and the Corporate Risk Register andhas a number of audiences and thus a number of purposes:
- The primary document by which the Council could prioritise itsresources;
- An expression of the contribution the Council made to the widercross cutting aims of the community strategy;
- Provided the high level framework for service managers andinformed service delivery planning;
- One of the key auditable documents that contained the Council’sperformance targets and priorities; and perhaps mostimportantly
- The public statement of what the Council was trying to achieveand why.
It was moved that the recommendations be supported subject tothe inclusion of an objective relating to flooding and flood risk,which would by definition be undertaken in partnership withothers.
Resolved
(a) That the six Corporate Aims bere-affirmed
(b) That Corporate Objectives 18 and 20 berevised to reflect current circumstances and agreed as the basisfor budget planning for 2008/09 and that an additional objective beincluded around flooding and flood risk
(c) That a fundamental review of theCorporate Plan be undertaken during 2008 and a new plan prepared tocover the three years 2009-12
258. Community Assets
The Director of Policy submitted a report (previouslycirculated), which informed Members of the opportunities presentedto the Council by the recently launched national funding initiativeThe Community Assets Programme, and sought support for a Ryedalebid.
The Policy Manager reported that following the publication ofthe Quirk Review of Community Management & Ownership of PublicAssets, the Big Lottery Fund had been asked to deliver the £30mfunding for community assets on behalf of the Office of the ThirdSector, created in May 2006 within the Cabinet Office.
This was a pilot scheme with the expectation to fund five orsix projects in the Yorkshire and Humber region. Applications forfunding must be submitted by one partner, local authority or thirdsector organisation, and endorsed by the other and be supported bythe wider community. The purpose of funding was to facilitate thetransfer of an asset from a local authority to a third sectororganisation, details of the timescale and application process wereoutlined in the report.
An appraisal had been undertaken of all the Council’s assetsin relation to the eligibility criteria for the funding. As aresult the only potential project, which met the criteria, wasCommunity House, Malton. Ryedale Voluntary Action (RVA) had adevelopment proposal for the building upon which the applicationwas to be made, and had expressed an interest in making anapplication to the fund to finance the development. To meet theapplication criteria, support was required from the Council byforming a partnership agreement with RVA and by the Counciltransferring the asset to RVA.
Resolved
That the bid by Ryedale Voluntary Actionto the Community Assets Programme be supported.
NB Councillor Wainwright and the InterimChief Financial Officer declared personal and prejudicial interestsin the above item as trustees of Ryedale Voluntary Action, andwithdrew from the meeting during consideration of the item.Councillor Legard, Vice Chairman of the Committee, accordingly tookthe Chair for the item.
259. Housing Green Paper
Members of the Community Services & Licensing Committeehad been invited to attend the meeting.
The Forward Planning & Economic Development Manager, theDevelopment Control Manager and Housing Manager submitted a jointreport, which outlined the key elements of the Government’s recentHousing Green Paper, ‘Homes for the Future: More Affordable, MoreSustainable’, and sought agreement of the Council’s response to theproposals.
In view of the importance of housing issues to people withinRyedale, and the particular local circumstances that affect thedelivery of housing, it was considered that the comments asoutlined in the report be forwarded to Government on behalf of theDistrict Council. Furthermore, it was suggested that a MemberBriefing be arranged to consider the range of options available tothe Council, in the light of the Green Paper and associatedinitiatives, to achieve the delivery of housing to meet localneeds.
Resolved
(a) That the comments as set out withinthe report be forwarded to the Department for Communities and LocalGovernment as this Council’s response to the Housing GreenPaper.
(b) That a Member Briefing be arranged toconsider options for new initiatives and policy approaches todeliver the aims of the Housing Green Paper within Ryedale.
260. Draft Derwent Catchment Flood ManagementPlan
The Director of Operations submitted a report (previouslycirculated), together with additional papers (circulated at themeeting), in connection with the recently published YorkshireDerwent Catchment Flood Management Plan (
DCFMP) by theEnvironment Agency (
EA). The report sought agreement ofthe Council’s response to the draft proposals.
The EA had provided copies of the DCFMP on the 4 September forconsultation. The EA were to consult with stakeholders on the draftplan over the next 3 months with the consultation period ending on31 December 2007. A copy of the draft Plan was appended to thereport.
Defra andthe Environment Agency saw the development of Catchment FloodManagement Plans (
CFMPs) as planningtools through which the Agency aimed to work in partnership withother key decision makers within a river catchment area to exploreand define long term sustainable policies for flood riskmanagement. CFMPs are seen as a learning process to support anintegrated approach to land use planning and river basin flood riskmanagement.
The River Derwent catchment covered a large area from theNorth York Moors to the Humber Estuary and the draft document splitthe catchment area into six smaller areas, reviews policy andsuggested a number of actions as to how the policy could beimplemented within each of the six areas.
The plan had been designed to provide broad scale ideas thatwould guide and enable solutions to be developed over 50-100 yeartime period. The DCFMP was to be reviewed every six years tomonitor its performance and to take account of new information thatmay influence the area. Potential effects of climate and land usechange would be key factors in the ongoing development of theplan.
Timescales had been applied to the flood management actions,and the key objectives were:
1) Reduce the risks of flooding to people, property and theenvironment
2) Improve the quality of life in terms of amenity, recreationand access
3) Protect and enhance landscape, biodiversity and culturalheritage of the Derwent catchment
4) Balance the needs of water users and improve water usemanagement
5) Limit and adapt to the effects of climate change
6) Promote a sustainable and vibrant local economy.
The Environment Agency had spent the last 18 months developingthe Plan. The Council and other stakeholders now had theopportunity to review the Plan and make formalrepresentations.
Councillor Knaggs proposed an amendment to the recommendationsas set out in the report. Upon being put to the vote the amendmentwas carried. In addition, it was reported that the amendment wouldinclude Phase 1 of the work recommended by Mr C Bowles as outlinedin the document produced by the Internal Drainage Boards entitled‘Vale of Pickering Channel Management Assessment and Planning -Draft Scope of Work’ dated 1 October 2007.
Resolved
(a) That a Member seminar be arranged atthe earliest opportunity to enable the Environment Agency to briefMembers on the Draft Derwent Catchment Management Plan
(b) That budgetary provision be made foran officer or consultant who will:
(i) co-ordinate a response to the draftflood management plan based on a critical analysis of thestrategy
(ii) assist officers in making asubmission to Sir Michael Pitts‘lessons learnt’ review.
(iii) propose ways in which floodprevention and flood risk management can be embedded in the work ofthe Council as one of its key priorities.
(c) That the Council, works with localdrainage boards and appoints an appropriately qualified hydrologistto:
(i) respond to the Council motion of 12July asking officers to report on ways of improving theco-ordination of regular preventative maintenance work on drainsand water-courses and to suggest policy changes by the Council thatcould facilitate improvement.
(d) That the Council makes a formalresponse to the draft document prior to 31 December 2007.
NB 1. Councillor Keal declared a personalinterest in the above item as his wife, Councillor Mrs Keal, isemployed by the Environment Agency.
NB 2. Councillor Andrews recorded his voteagainst the above decision.
NB 3. Councillor Wainwright, having declareda personal and prejudicial interest in the above item as the ViceChairman of the Rye Internal Drainage Board and as he farms landliable to flood, withdrew from the meeting during consideration ofthe item. Councillor Legard, Vice Chairman of the Committee, tookthe Chair for the item.
261. Proposed Cycle Stands, Ryedale House, Malton andRyedale Pool, Pickering
(report to follow)
The Property Manager submitted a report (previouslycirculated), which sought approval for the installation of cyclestands at Ryedale House, Malton and Ryedale Pool, Pickering.
The Environmental Working Party had suggested that cyclestands be provided at Ryedale House and Ryedale Pool, and hadrequested that investigations be undertaken in this respect. TheWorking Party considered that as an environmental initiative theproject should be funded through the 2007/2008 CapitalProgramme.
Investigations and consultation had been undertaken and theproposed location of the stands was given in the report. Theestimated total cost of providing the stands was £12,142.
Members supported the proposal, subject to Pickering WardMembers being satisfied with the location of the stands at RyedalePool, Pickering.
Resolved
That cycle stands be provided at RyedaleHouse, Malton and Ryedale Pool, Pickering at an estimated cost of£12,500, subject to Pickering Ward Members being consulted on thelocation of the cycle stands at Ryedale Pool.
262. Vehicle Replacement Programme2007/08
The Commercial Services Finance Manager submitted a report(previously circulated), which had been considered at the lastmeeting of the Community Services & Licensing Committee held on27 September 2007.
The Community Services & Licensing Committee had endorsedthe report and had resolved:
(a) That the vehicle replacement programme for 2007/08 beapproved.
(b) That the Council plan to include an additional £56,500each year in the revenue budget to replace two refuse collectionvehicles and link-tip vehicle on the fleet. This was considered tobe essential and the most cost effective option in order tomaintain existing levels of service.
(c) That funding of £6,000 be approved from existing reservesfor a relief refuse vehicle, £15,000 for a relief street sweepingvehicle and £10,000 for a replacement vehicle for thecaretaker.
(d) That the Policy & Resources Committee be recommendedto endorse recommendations (b) and (c) above.
Resolved
That the recommendation of the CommunityServices & Licensing Committee be endorsed and
(a) That the Council includes anadditional £56,500 each year in the revenue budget to replace tworefuse collection vehicles and link-tip vehicle on the fleet. Thiswas considered to be essential and the most cost effective optionin order to maintain existing levels of service
(b) That funding of £6,000 be approvedfrom existing reserves for a relief refuse vehicle, £15,000 for arelief street sweeping vehicle and £10,000 for a replacementvehicle for the caretaker
NB Councillor Andrews abstained from votingon the above decision.
263. Review of Polling Districts, Polling Places andPolling Stations
The Electoral Registration Officer submitted a report(previously circulated), which informed Members of the Council’sduty to carry out a review of polling districts, polling places andpolling stations throughout Ryedale prior to 31 December 2007, andevery four years thereafter, as prescribed by the ElectoralAdministration Act 2006.
The Council was required to divide the parliamentaryconstituency within Ryedale into polling districts for the purposesof parliamentary elections and to designate polling places withinthose polling districts and keep them under review.
In carrying out the review the Council must:
- Seek to ensure that all electors throughout theconstituency had such reasonable facilities for voting as werepracticable in the circumstances
- Seek to ensure that, so far as was reasonable andpracticable, such polling places and polling stations wereaccessible to all electors, including those who were disabled andwhen considering the designation of polling places, have regard tothe accessibility needs of disabled persons.
The report outlined for information the review process andtimetable.
Resolved
That the report be noted.
264. Staxton Brow Public Conveniences
The Director of Operations submitted a report (previouslycirculated) in connection with the public conveniences at StaxtonBrow.
Members were reminded that it had previously been resolved‘That the Commercial Services Manager, in consultation with theChairman of the Committee, be authorised to determine the terms andconditions relating to the opening hours and the trading season. Inaddition it had been agreed that the contractor be approached withregard to cleaning the facility outside the trading season i.e. 52weeks per year.’
As a result of the above decision to reopen the facility a sumof £3,000 had been approved for general refurbishment andmaintenance repairs. However, since that time, and as a result ofextensive vandalism at the beginning of July, major internal andexternal repairs were required. The work included replacement ofsolar panels, roofing, pipework, fittings and doors. The cost ofthe work was estimated to be some £14,000.
Following consultation with the Leader of the Council and theChairman of the Committee it had been agreed that Committeeapproval be sought for the additional expenditure.
Resolved
That the re-opening of the Staxton Browpublic conveniences be progressed and that the estimatedexpenditure of £14,000 be approved.
265. Annual Governance Report 2006-07
The Interim Chief Financial Officer submitted the Council’sAnnual Governance Report for 2006/07 as prepared by the AuditCommission (previously circulated).
It was reported that the Chairmen of the Policy &Resources and Overview & Scrutiny Committees had met with theCouncil’s external auditor on 27 September 2007 to consider thereport. The Chairman of the Policy & Resources Committee hadbeen granted delegated authority to approve the report prior to thestatutory deadline of 30 September 2007.
Resolved
That the report be noted, and that theaction of the Chairman of the Committee in approving the reportprior to the statutory deadline of 30 September 2007 beendorsed.
266. Urgent Business
The following three items were considered as they were decidedby the Chairman to be urgent by virtue of Section 100B(4)(b) of theLocal Government Act 1972.
267. Post Office Closures
The Leader of the Council had requested that the above item beconsidered as an urgent item.
It was understood that an announcement was to be made on 17November 2007 regarding the next phase in the programme of PostOffice closures. This phase included Ryedale and representationswould be made regarding any planned closures. However, it wassuggested that the Council should take the opportunity to explorealternative methods of service delivery with regard to postalservices.
It was accordingly recommended that officers be requested toexplore, in conjunction with the County Council, alternativemethods of service delivery including involvement in pilotschemes.
Resolved
That officers be requested to explore, inconsultation with the County Council, alternative methods ofdelivering postal services including the introduction of pilotschemes.
268. Exempt Information
Resolved
That under Section 100(A)(4) of the LocalGovernment Act 1972 the public be excluded from the meeting for thefollowing items as there will be a likely disclosure of exemptinformation as defined in paragraph 3 of Schedule 12A of the Act asthe information relates to the financial or business affairs of anyparticular person (including the authority holding thatinformation).
269. Community Leisure Ltd - Development of BusinessPlan
A report had been considered at the last meeting of theCommunity Services & Licensing Committee held on 27 September2007, which outlined a proposal put forward by Community LeisureLtd regarding the development of leisure services in Ryedale.
It was considered that the joint development of a businessplan with CLL would enable improvements to be made in existingservice provision and that the request for additional funding toenable a plan to be progressed should be supported. It was furtherconsidered that the work would be beneficial to both CLL and theCouncil both in the long and short term. At the present time theCommunity Services & Licensing Committee were unable toidentify savings within their revenue budget, it was thereforesuggested that the Policy & Resources Committee be requested toallocate a supplementary estimate of £18,000.
The Community Services & Licensing Committee hadresolved:
‘That the request from Community Leisure Ltd be supported andthat the Policy & Resources Committee be recommended toallocate additional expenditure of £18,000 for the development of ajoint business plan.’
Councillor Clark had recorded his vote against the abovedecision.
The Interim Chief Financial Officer advised the Policy &Resources Committee that on financial grounds the Council isunder-spending against budget and was earning additional interestreceipts, which would enable the allocation of the additionalfunding as recommended by the Community Services & LicensingCommittee.
Resolved
That the recommendation of the CommunityServices & Licensing Committee be endorsed and that the requestfrom Community Leisure Ltd be supported and an additionalexpenditure of £18,000 be allocated for the development of a jointbusiness plan.
270. Senior Management Contracts Working Party - 21August 2007 and 24 September 2007
The minutes of meetings of the Senior Management ContractsWorking Party held on 21 August and 24 September 2007 werepresented. The amended Redeployment and Redundancy Policy wasappended to the minutes of the 24 September 2007 and the Policy& Resources Committee was recommended to approve and adopt thepolicy, following which it was to be published and kept underreview.
The Chief Executive reported that the Appointments Panel hadmet the previous day to consider the applications received for thepost of Corporate Director/S151 Officer and to draw up a short-listfor interview. The Chief Executive reported on the outcome of themeeting and circulated for information the minutes of the meeting.The Appointment Panel recommended that the recruitment process beextended and that Tribal undertake a database search withinterviews to be held on 6 and 7 November. In addition, it wasrecommended that, having regard to the responses received, thePolicy & Resources Committee reconsider the salary package forthe post.
Following consideration of the circumstances it was
Resolved
(a) That the minutes of meetings of theSenior Management Contracts Working Party held on 21 August 2007and 24 September 2007 as submitted be endorsed
(b) That the recommendation of the SeniorManagement Contracts Working Party held on 24 September 2007 beendorsed and that the revised Redeployment & Redundancy Policyas submitted be approved and adopted and that the policy bepublished and kept under review
(b) That the minutes of a meeting of theAppointments Panel held on 3 October 2007 as submitted be endorsedand that the salary package for the post of Corporate Director/S151Officer be revised as now agreed.
NB 1 All officers with the exception of theChief Executive, Interim Chief Financial Officer, CouncilSolicitor, Human Resources Manager and the Member Services Managerwithdrew from the meeting prior to consideration of the aboveitem.
NB 2 Councillor Andrews recorded his voteagainst the above decision.
271. Insurance Renewals
The above item was withdrawn.