Agenda and minutes

There were no public questions.

Apologies for absence were received from Councillors Mrs Burr, Cussons, Mrs De Wend Fenton, Mrs Hodgson, Hope and Legard.

To approve as a correct record the minutes of the Ordinary Meeting of Council held on 4 November 2010 and the minutes of the Extraordinary Meeting of Council held on 17 November 2010.

The minutes of an Ordinary Meeting of Council held on 4 November 2010 and the minutes of an Extraordinary Meeting of Council held on 17 November 2010 (previously circulated) were submitted.

Resolved

(a)       That the minutes of an Ordinary Meeting of the Council held on 4 November 2010 be approved and signed by the Chairman as a correct record.

(b)       That, subject to the inclusion of Councillor Clark in the list of Members present, and to the inclusion of Councillor Knaggs in the list of those Members who voted against the first motion, as detailed on page 28 of the minutes, the minutes of an Extraordinary Meeting of Council held on 17 November 2010 be approved and signed by the Chairman as a correct record.

To receive notice of any urgent business which the Chairman considers should be dealt with at the meeting as a matter of urgency by virtue of Section 100B(4)(b) of the Local Government Act 1972.

The Chairman reported that there were no items to be considered under urgent business.

Members to indicate whether they will be declaring any interests under the Code of Conduct.

Members making a declaration of interest at a meeting of a Committee or Council are required to disclose the existence and nature of that interest.  This requirement is not discharged by merely declaring a personal interest without further explanation.

In accordance with the Members’ Code of Conduct, the following declarations of interest were received.

Councillors Mrs Arnold and Clark declared personal interests, as North Yorkshire County Councillors, in item 14 – Property Acquisition – Norton.

Councillors Mrs Keal, Spencer and Mrs Wilford declared personal interests in item 10 Minute No 44 - Items Referred from the Commissioning Board – Malton Museum Future Options) as representatives of the Malton Museum Foundation.

Councillors Mrs Keal and H Keal declared personal interests in item 10 Minute No 43 of the Policy & Resources Committee held on 9 September 2010 – Householder Flood Resistance Grant Scheme – as members of the Pickering Flood Defence Group.

Councillor S Arnold declared a personal interest in item 14 – Property Acquisition – Norton – as a representative of CAB.

Councillor Mrs Cowling declared a personal and prejudicial interest in item 10 - Minute No 43 of the Policy & Resources Committee held on 9 September 2010 – Householder Flood Resistance Grant Scheme – as a property owner who could benefit from the scheme and in Minute No 44 – Items referred from the Commission Board held on 8 December 2010 – Fees and Charges – as a member of her family owns a motor car salvage business.

Councillor Wainwright declared a personal interest in Item 14 – Property Acquisition – Norton – as a Trustee of RVA.

To Receive any announcements from the Chairman and/or the Head of Paid Service.

The Chairman made the following announcements:

1.      Ryedale District Council would like to congratulate Mrs Pauline Foster on receiving an MBE in the New Year Honours for services to the community in Thixendale, which included raising £350,000 for the restoration of the village hall and church organ.

2.     Ryedale District Council would like to thank Ryedale staff for their efforts to keep services going during the bad weather.

From Councillor Wainwright

“Would the Chairman of the Overview and Scrutiny Committee please update Members on the work of that Committee?”

“Would the Chairman of the Commissioning Board please update Members on the work of that Committee?”

Councillor Wainwright submitted the following question:

“Would the Chairman of the Overview & Scrutiny Committee please update Members on the work of that Committee?”

Councillor Mrs Shields replied:

“The last meeting of the Overview & Scrutiny Committee was held on 16 December 2010 and, in spite of the difficult weather conditions at the time, most Members were able to be present.

We welcomed Alistair Lince from Deloittes, Gary Housden (Head of Planning) and Phil Long (Head of Environmental Services) who were dealing with their relevant agenda items.

After checking the Minutes of the previous meeting, the Annual Audit Letter was introduced by Alistair Lince and comments made by Members were noted.  The Head of Planning dealt with the Service Risk Register and, once again, satisfaction was expressed for the very clear way in which the different aspects of Risk were set out in the report.

The Corporate Director (s151) introduced the Treasury Management Mid-Year Review and Members had the opportunity to comment and ask questions.  The report was, like the previous one, received and the management of both in-house and external funds noted.  Mr Cresswell also presented the Internal Audit report which was noted by all Members.

The Head of Transformation, Clare Slater, reported on the Risk Management Strategy, a copy of which was included with her introduction.  This was a very informative document and Members commented on the clearly detailed sections of the report, which made it both easily comprehensible and interesting.  Clare next described the progress achieved in respect of the two reviews currently being undertaken by the Committee.  Terms of reference were set out and details provided on the way forward with each topic.  The Task Group on Healthy Weight had subsequently met with Mr Greg McGrath, Health Improvement Manager for the NHS North Yorkshire and York, who covered several widely differing areas of the subject and the focus of the next meeting will be to determine on which particular aspects to concentrate.

Our last item was to receive decisions from other Committees.  Following this, as I had no further business, the meeting closed at 8.30pm.

As a postscript may I add that, subsequently, the Task Group reviewing Post office closures and the consequent effects in our District, had a very interesting discussion with the Rillington Postmaster.  He explained some of the advantages as well as the problems encountered in rural areas, this was most enlightening and was a fascinating and extremely useful session.  I would also like to record here our thanks to Mr Molloy for his time and indeed his commitment to the service that he provides for the community.”

Councillor Wainwright submitted a further question:

“Would the Chairman of the Commissioning Board please update Members on the work of that Committee?”

Councillor Mrs Cowling replied:

“The Board has been busy through its working parties progressing the two commissioning projects.  The last meeting of the Board received feedback from the tourism stakeholder consultation event in October.  This was an informal focus group attended by 43 tourism businesses  ...  view the full minutes text for item 72.

Councillor Knaggs, Leader of the Council, submitted the following statement, which was circulated to Members during the course of the meeting:

“At the start of a new year, it is right to welcome the award of an MBE to Pauline Foster of Thixendale for community service, and to celebrate the success of Ryedale businesses in winning tourism awards and in the short-listing for the Countryside Alliance awards for rural life, business and heritage.  This is testimony to the vitality of Ryedale people and it is our job to support and encourage that vitality.

The new year also follows the most severe weather for many years.  After two bad winters on the trot, it may be that winter weather is reverting, after many mild winters, to what was normal in the mid 20^th century.  Perhaps we should be thinking about what winter resilience means for this Council?  Public conveniences have suffered.  After snow often comes flooding, which is a continuing concern.  The flood mitigation grants will help but there are areas of repeated localised flooding, such as the Manor Vale area of Kirkbymoorside, which deserve our attention.  In the week beginning 4 March there will be a large-scale emergency flood exercise, Exercise Watermark, to test the ability to cope with severe flooding.  It seems woefully under-publicised, particularly as it is intended for parish councils, community groups and business as much as for larger public bodies.  I hope we as a council are taking a lead in encouraging groups to participate in this exercise.

Flooding is just one potential demand on the council’s capital.  In 2011, as we look at what we can do to save libraries across the district, to save the livestock market, to save Malton Hospital (which I think will be a huge challenge for Ryedale) and all the other things we want to do, it will become clear that we do NOT have a bottomless pit of capital and there will be difficult decisions ahead about priorities.

In the next cycle of meetings, the Commissioning Board is due to complete the first major commissioning project, on tourism, and to look at housing-related issues such as the impact of changes in housing finance, and the roles of the rural housing enabler and the housing development officer.  The Policy Committee will have its hands full with the council’s budget, but there will also be a revised safeguarding policy to consider including a new adult policy.  There will also be some planning policy issues and it is because of the need to timetable those issues against the background of continuing vulnerability to speculative applications outside development limits that this statement appears later than normal.  I have had detailed discussions with officers in the last few days, reflecting the concerns that members have, which reached a conclusion yesterday evening.  It goes without saying that everything will be subject to the will of council.

With 2500 consultation responses being analysed, it is clear that the publication draft of the core strategy will  ...  view the full minutes text for item 73.

Commissioning Board held on 8 December 2010

Minute No. 44 – Fees and Charges

Policy and Resources Committee held on 9 December 2010

Minute No. 43 – Householder Flood Resistance Grant Scheme

Minute No. 44 – Items Referred from the Commissioning Board

(a)  Malton Museum Future Options

(b)  Replacement Recycling Vehicles and Kerbside Recycling Options

(a)   Commissioning Board – 8 December 2010

Minute No 44 Fees and Charges

It was moved by Councillor Mrs Arnold and seconded by Councillor Mrs Frank that the following recommendation of the Commissioning Board Minute No. 44 – Fees and Charges – be approved and adopted:

“That Council is recommended to approve the following fees and charges:

i.              An increase of 1.5% in Ryecare charges;

ii.            Environmental Health

An increase in Wasp Control charges of 2.8%

An increase in the Pest Control Concessionary charge of 2.24%

An increase in the Water Sampling charge of 14%

An increase of the Health License Variation of Registration 7.1%

An increase in the Motor car Salvage Certified Copy of Public register charge of 11.1%

An increase in Market Stalls rate of 4.8%

iii.           No increase in Taxi Licensing fees”

Resolved

That  the following fees and charges be approved:

i.           An increase of 1.5% in Ryecare charges;

ii.            Environmental Health

An increase in Wasp Control charges of 2.8%

An increase in the Pest Control Concessionary charge of 2.24%

An increase in the Water Sampling charge of 14%

An increase of the Health License Variation of Registration 7.1%

An increase in the Motor car Salvage Certified Copy of Public register charge of 11.1%

An increase in Market Stalls rate of 4.8%

iii.           No increase in Taxi Licensing fees”

Upon being put to the vote the motion was carried

NB  Councillor Mrs Cowling, having declared a personal and prejudicial interest as a member of her family owns a motor car salvage business, withdrew from the meeting and took no part in the discussion or vote on this item.

NB  Councillor Andrews requested that his abstention from the vote be recorded.

(b)   Policy & Resources Committee – 9 December 2010

Minute No 43 – Householder Flood Resistance Grant Scheme

It was moved by Councillor Wainwright and seconded by Councillor Knaggs that the following recommendation of the Policy & Resources Committee Minute No 43 – Householder Flood Resistance Grant Scheme be approved and adopted:

“That the Council is recommended to approve:

i.       The establishment of a Householder Flood Resistance Grants Scheme which:

a.     Is eligible to all Domestic Properties within the District which have previously suffered flooding from rovers or surface water and continue to be classified as “at risk within the defended situation” by the Environment Agency;

b.    Provides 50% of eligible expenditure up to a maximum grant of £2,500 per property;

c.    Provides grants towards flood resistance works;

d.    Is administered by the North Yorkshire Building Control Partnership; and

e.    ensures all products must be in accordance with BSI Kitemark or equivalent

ii.            An initial £50K be allocated from unapplied capital resources in 2011/12; and

iii.           An evaluation report be brought back on the scheme to members once the majority of funding is committed.

Upon being put to the vote the motion was carried

Resolved

“That approval be given to:

i.              The establishment of a Householder Flood Resistance Grants Scheme which:

a. Is eligible to all Domestic Properties within  ...  view the full minutes text for item 74.

To appoint a representative to the Malton and Norton Area Partnership Board, following the resignation of Cllr Mrs Keal from the Board.

It was noted that Councillor Mrs Keal had resigned as the Council’s representative on the Malton and Norton Area Partnership Board.  Councillor Mrs Cowling reported that Councillor Legard (who was not present at the meeting) had expressed an interest in filling the vacancy, subject to receipt of further information.  It was explained that meetings were generally held each quarter, usually on a Wednesday.

Resolved

That, subject to confirmation of his willingness to fill the vacancy, Councillor Legard be appointed as the Council’s representative on the Malton and Norton Area Partnership Board.

The Head of Organisational Development submitted a report (previously circulated), which presented for approval a draft timetable of meetings for 2011-2012 based on the meeting cycle used in 2010-2011 and taking account of particular reporting requirements relating to the Annual Governance Statement and Statement of Accounts.

Informal consultation had been undertaken with Members during December 2010 on meeting start times and details of other Authorities’ start times and other issues had been included in the consultation. 

The draft timetable proposed that all public meetings (excluding Annual Council and Licensing Committee), Member Development and Member Training Sessions start at 6.00pm, Parish Liaison Meetings to remain at 7.00pm and Working Parties to remain unchanged.

It was moved by Councillor Wainwright and seconded by Councillor Ms Warriner that the proposed timetable be approved.

An amendment, moved by Councillor Mrs Arnold and seconded by Councillor S Arnold that the recommendation in the report be amended by the addition of:

“2.2  no change shall be made to the start times of public meetings and Annex A will be altered accordingly”

was, upon being put to the vote, carried.

An amendment, moved by Councillor Clark and seconded by Councillor Woodward, that:

“(i)  Members Briefings/training be changed to 6.30pm

(ii)  Planning Committee be changed to 6.30pm”

was, upon being put to the vote, carried.

The substantive motion, as amended, was, upon being put to the vote carried.

Resolved

That the timetable of meetings for 2011-2012 be approved and that

(a)   No change shall be made to the existing start times of public meetings except for Planning Committee which shall commence at 6.30pm

(b)  Member Briefings/Training shall commence at 6.30pm

To consider a resolution to exclude the press and public from the meeting during consideration of the following items:

14 (Property Acquisition - Norton) as provided by paragraph 3 of Schedule 12A of Section 100A of the Local Government Act 1972.

The public interest test has been considered and, in all the circumstances of the case, the public interest in maintaining the exemption is considered to outweigh the public interest in disclosing the information.

Resolved

That the press and public be excluded from the meeting during consideration of Item 14 (Property Acquisition – Norton) as provided by paragraph 3 of Schedule 12A of Section 100A of the Local Government Act 1972 (as amended) as the report contained information relating to the financial or business affairs of the Council and a third party

Reason

The public interest test has been considered and, in all the circumstances of the case, the public interest in maintaining the exemption is considered to outweigh the public interest in disclosing the information.

The Corporate Director (s151) submitted a report (previously circulated), the purpose of which was to seek approval of up to £1.2m to purchase Stanley Harrison House, Norton for the primary purpose of relocating Ryedale Voluntary Action and Citizens’ Advice Bureau and to consider joint arrangements with North Yorkshire County Council regarding a potential relocation of library services.

The report gave full details of the proposal, including significant risks, financial and legal implications and also consultations that had taken place.

It was moved by Councillor Knaggs and seconded by Councillor Wainwright that the recommendations in the report be approved.

It was moved by Councillor Clark and seconded by Councillor Woodward that part (iv) of the recommendation be amended by the addition of the words “in this event  the item be brought back to full Council”.

The report  was discussed in detail, with the majority of Members present expressing support for the proposals contained therein.

It was moved by Councillor Wainwright and seconded by Councillor Mrs Cowling that the vote on the amendment be now taken and upon being put to the vote the closure motion was carried.

Members requested that a recorded vote be taken on the amendment.

Recorded Vote

Votes for the Amendment

Councillors Andrews, Clark, Mrs Cowan and Woodward (4)

Votes Against the Amendment

Councillors Acomb, Arnold, Mrs Arnold, Bailey, Mrs Cowling, Mrs Frank, Mrs Keal, Knaggs, Maud, Raper, Spencer, Wainwright, Mrs Warriner and Mrs Wilford. (14)

Abstentions

Councillors Hemesley and Keal (2)

The amendment was, therefore, lost.

Upon  being put to the vote, the substantive motion was carried

Resolved

That approval be given to:

(i)        The acquisition of Stanley Harrison House, Norton;

(ii)       The allocation of up to £1.2m from unallocated reserves to finance the acquisition and associated capital works;

(iii)      Entering into formal negotiations with North Yorkshire County Council to determine the occupancy and title arrangements for the property and for the final agreement to be delegated to the Corporate Director (s151) in consultation with the Chairman of Policy & Resources Committee; and

(iv)       That in the event that NYCC determine not to proceed with the joint occupancy, officers seek to secure additional alternative tenants as required.

NB  Councillor Andrews requested that his vote against the motion be recorded.

There being no urgent business, the meeting closed at 10.00pm