Agenda and minutes

Apologies for absence were received from Councillors Bailey, Hope, Legard and Raper.

There were no public questions.

To approve as a correct record the minutes of the Ordinary Meeting of Council held on 16 May 2013.

The minutes of the Ordinary Meeting of Council held on 16 May 2013 were presented.

Resolved

That the minutes of the Ordinary Meeting of Council held on 16 May 2013 be approved and signed by the Chairman as a correct record, subject to an amendment to add the wording “and make a commitment to retain a facility in Norton-on-Derwent” to part (iii) of the recommendation of the Commissioning Board and the resolution under minute 23 (Part B Items) – minute 113 (Sport and Active Lives Strategy).

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.

There were no items of urgent business which the Chairman considered should be dealt with as a matter of urgency by virtue of Section 100B(4)(b) of the Local Government Act 1972 (as amended).

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.

The following interests were declared:

Councillor Acomb declared a personal non-pecuniary but not prejudicial interest in agenda item 10 – minute 9 (Ryedale Development Fund – Major Projects) as the Council’s representative on the Milton Rooms Management Committee.

Councillor Paul Andrews declared a personal non-pecuniary but not prejudicial interest in agenda item 10 – minute 9 (Ryedale Development Fund – Major Projects) as a member of the Milton Rooms Management Committee.

Councillor Clark declared a personal non-pecuniary but not prejudicial interest in agenda item 10 – minute 8 (Tour de France – Financial Contribution) as North Yorkshire County Councillor and in agenda item 10 – minute 9 (Ryedale Development Fund – Major Projects) as a user of the current livestock market and a potential user of any future livestock market.

Councillors Cussons declared a personal non-pecuniary but not prejudicial interest in agenda item 10 – minute 9 (Ryedale Development Fund – Major Projects) as a user of the livestock market.

Councillor Fraser declared a personal non-pecuniary but not prejudicial interest in agenda item 10 – minute 13 (Capital Funding for Derwent and Ryedale Pools) as the Council’s representative on the Board of Community Leisure Limited (CLL).

Councillor Hicks declared a personal non-pecuniary but not prejudicial interest in agenda item 10 – minute 9 (Ryedale Development Fund – Major Projects) as a user of the livestock market.

Councillor Mrs Hopkinson declared a personal non-pecuniary but not prejudicial interest in agenda item 10 – minute 9 (Ryedale Development Fund – Major Projects) as a member of the Milton Rooms Management Committee.

Councillor Ives declared a personal non-pecuniary but not prejudicial interest in agenda item 10 – minute 13 (Capital Funding for Derwent and Ryedale Pools) as a user of Derwent Pool.

Councillor Mrs Keal declared a personal non-pecuniary but not prejudicial interest in agenda item 10 – minute 9 (Ryedale Development Fund – Major Projects) as a member of the Milton Rooms Management Committee.

Councillor Mrs Sanderson declared a personal non-pecuniary but not prejudicial interest in agenda item 10 – minute 8 (Tour de France – Financial Contribution) as a North Yorkshire County Councillor.

Councillor Woodward declared a personal non-pecuniary but not prejudicial interest in agenda item 10 – minute 8 (Tour de France – Financial Contribution) as his wife ran a bed and breakfast business.

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

The Chairman made the following announcements:

·        To remind Members of the York Potash presentation at 6.30pm on Tuesday 9 July 2013.

From Cllr Wainwright to the Leader of Council

Cllr Mrs Cowling, would you agree with me that the almost £800.000 of the Councils scarce resources used to purchase Harrison House and the £300.000 which will be required to refurbish the building and divide the interior into four separate work units will be money well spent?

From Cllr Clark to the Leader of Council

Is the Leader of Council aware that:

“Regulations of Investigatory Powers Act 2000 allows legitimate interceptions of communications if the controller has made reasonable efforts to inform potential users that interceptions may be made and thus they have no reasonable expectation of privacy in relation to their communications.”?

Does she believe that RDC complies with this regulation?

1.         Councillor Wainwright submitted the following question:

To Councillor Mrs Cowling, Leader of Council:

“Cllr Mrs Cowling, would you agree with me that the almost £800,000 of the Councils scarce resources used to purchase Harrison House and the £300,000 which will be required to refurbish the building and divide the interior into four separate work units will be money well spent?”

The Leader of Council, Councillor Mrs Cowling replied

“Yes, Cllr Wainwright, I certainly would agree with you.  The reasons why we bought  Harrison House and have refurbished the interior to divide it into 4 separate units are still as valid today as they were then. 

The Council has an agreement to sell WSCP with vacant possession – the tenants of Community House are relocating to Harrison House.  Harrison House will be a much more accessible venue for the CAB and the RVA – it is next to the Railway Station, very close to the bus station and has car parking near by.

We had hoped that the library  would join us at Harrison House but that proved not to be possible.

However there is interest in the remaining two units and it is expected that, once the work is completed, we shall have no problems finding tenants. We are already very close to finalising agreement with a tenant for the upper floor of the new part of the building.”

Councillor Wainwright asked the following supplementary question:

Given the proposal to spend £400k on pools refurbishment and £25k on the Milton Rooms, in addition to what was spent in 2009, why cannot we stop the sale of the Bowling Club and split it into two units to provide a more user friendly facility for the general public?

Councillor Mrs Cowling promised a full written reply but gave a brief initial verbal response:

The decision to sell the Bowling Club with vacant possession could not be changed.  Ball park figures suggest that the cost of sub-dividing the building would be almost as much as the Club was worth.

2.         Councillor Clark submitted the following question:

To Councillor Mrs Cowling, Leader of Council:

“Is the Leader of Council aware that:

“Regulations of Investigatory Powers Act 2000 allows legitimate interceptions of communications if the controller has made reasonable efforts to inform potential users that interceptions may be made and thus they have no reasonable expectation of privacy in relation to their communications.”?

Does she believe that RDC complies with this regulation?”

The Leader of Council, Councillor Mrs Cowling replied

“I have taken Officer advice in replying to this question.

I am not aware of the existence of the quote .

Ryedale District Council does comply with the Regulation of Investigatory Powers Act 2000.

Local authorities have no power to intercept communications.

Local authorities can only acquire communications data under Part I Chapter 2 of Regulation of Investigatory Powers Act 2000 and, even then, there are restrictions prescribed by Parliament, on the statutory purposes for which local authorities may acquire  ...  view the full minutes text for item 36.

Councillor Mrs Cowling, the Leader of the Council, presented the following statement:

“Perhaps the first things you will be waiting to hear about tonight are the implications of the recent spending review on Ryedale.

To date we know that we shall be approximately 10% worse off although the implications on Ryedale’s financial position will not be known in detail for some time.  However the bad news is that our New Homes Bonus (NHB) will be topsliced by 35% to fund our Local Economic Partnership (LEP) from 2015/16  which will be a loss of income to this council  of approximately £440k each year from then on.  So we need to work with the LEP to make sure that this money is not lost to Ryedale residents, but ends up being a benefit, perhaps linked to the schemes which will form part of our Community Infrastructure Levy (CIL) program of work, or that the LEP must now do a lot more for housing in our district.  There is a meeting of our LEP tomorrow and I am attending that meeting as the substitute member representative for Scarborough and Ryedale.

Increasingly the disparity between the sparse and urban area spending is becoming a problem – as is the divide between North and South spending per head of population.  To some extent this is being addressed by the Rural Services Network and a Sparsity differential has been introduced.

Analysis by the Special Interest Group of Metropolitan Authorities (SIGOMA), for example, has shown that the cumulative pressures on local government funding between 2010 and 2012 has already amounted to a cut per person in Yorkshire and Humber of around £140; almost double the average cut per person across England of around £80; and even compares to an overall funding increase in London of around £45 per person.

SIGOMA is also forecasting that the cumulative impact by 2017-18, of all these various changes, shows a total funding reduction of £2.7billion across Yorkshire and Humber – or around £502 per head of population. This compares to an equivalent of only £352 per head in London and just £256 per head in the wider South East.

These increased cuts are bound to have the effect of bringing forward plans for collaborative working with existing and new partners and the voluntary and community sector.  We are going to have to focus on what is really important to Ryedale.  There is a direct link to this on our agenda tonight – the Council Plan which we shall be reaffirming or changing - as the case may be – tonight.  I am really pleased with the information in this plan – it is a strong reflection of what can be achieved with dedicated and loyal staff.  And they remain just that – dedicated, loyal and hard working – despite all that has been thrown at them and all the difficult times that they know are in front of us.  I think it says a lot for member/officer working relationships that we  ...  view the full minutes text for item 37.

Commissioning Board – 6 June 2013

Minute 13 – Capital Funding for Derwent and Ryedale Pools (page 11)

Policy and Resources Committee – 20 June 2013

Minute 8 – Tour de France – Financial Contribution (page 17)

Minute 9 – Ryedale Development Fund – Major Projects (page 47)

Commissioning Board – 6 June 2013

Minute 13 – Capital Funding for Derwent and Ryedale Pools

It was moved by Councillor Arnold and seconded by Councillor Mrs Hopkinson that the following recommendations of the Commissioning Board be approved and adopted.

That Council be recommended to approve the sum of £365,000 in the Capital programme for works to Ryedale and Derwent Pools for the period up to 31 March 2017.

Councillor Mrs Cowling moved and Councillor Fraser seconded the following amendment:

That this item is referred back (with the exception of essential works to replace the flat roof at Derwent Pool which will be delegated to the Head of Environment in consultation with the Chairman of Commissioning Board)  to Commissioning Board  for further information.   This information to include costs of the essential works in order of priority to enable an informed decision to be made regarding the future of Derwent  Pool.

Upon being put to the vote the amendment was carried.

Councillor Clark then moved and Councillor Woodward seconded a further amendment to delete the following wording:

(with the exception of essential works to replace the flat roof at Derwent Pool which will be delegated to the Head of Environment in consultation with the Chairman of Commissioning Board)

Upon being put to the vote the amendment was lost.

Upon being put to the vote the motion was then carried.

Resolved

That this item is referred back (with the exception of essential works to replace the flat roof at Derwent Pool which will be delegated to the Head of Environment in consultation with the Chairman of Commissioning Board)  to Commissioning Board  for further information.   This information to include costs of the essential works in order of priority to enable an informed decision to be made regarding the future of Derwent  Pool.

Policy and Resources Committee – 20 June 2013

Minute 8 – Tour de France – Financial Contribution

It was moved by Councillor Mrs Cowling and seconded by Councillor Mrs Shields that the following recommendations of the Policy and Resources Committee be approved and adopted.

That Council is recommended to approve a contribution of £10,000 to the Tour De France Grand Départ staging costs in 2014 financed from the unallocated revenue provision.

Upon being put to the vote the motion was carried.

Recorded Vote

For

Councillors Acomb, Paul Andrews, Arnold, Collinson, Mrs Cowling, Cussons, Mrs Frank, Fraser, Mrs Goodrick, Hawkins, Hicks, Mrs Hopkinson, Maud, Mrs Sanderson, Mrs Shields, Wainwright and Windress

Against

Councillors Joy Andrews, Clark, Ives, Richardson, Walker, Ward and Woodward

Abstentions

Councillors Mrs Burr and Mrs Keal

Resolved

That Council approve a contribution of £10,000 to the Tour De France Grand Départ staging costs in 2014 financed from the unallocated revenue provision.

Minute 9 – Ryedale Development Fund – Major Projects

The following recommendations of the Policy and Resources Committee were considered for approval and adoption:

That Council is recommended to approve that:

i. Subject to the specified conditions being met, delegation be granted to the Head of Economy  ...  view the full minutes text for item 38.

(i)         Proposed by Councillor Mrs Goodrick and seconded by Councillor Clark

It is proposed that a Special Meeting of Council be arranged to confer the honour of Honorary Alderman on Keith Knaggs in recognition of 22 years distinguished service as a Member of Ryedale District Council.

(ii)        Proposed by Councillor Clark and seconded by Councillor Woodward

Ryedale Council has an objective of increasing the average wage level in Ryedale.  So as to set an example and show sound leadership this council resolves to:

i)              “Pay all RDC employees at the living wage or above”

and

ii)             “That preference will be given to external contracts where the applicant pays the living wage or above.”

Any cost of the above to be financed in 2013/14 year from the unallocated provision.

1.     It was moved by Councillor Mrs Goodrick and seconded by Councillor Clark

It is proposed that a Special Meeting of Council be arranged to confer the honour of Honorary Alderman on Keith Knaggs in recognition of 22 years distinguished service as a Member of Ryedale District Council.

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

2.     It was moved by Councillor Clark and seconded by Councillor Woodward

Ryedale Council has an objective of increasing the average wage level in Ryedale.  So as to set an example and show sound leadership this council resolves to:

i)             “Pay all RDC employees at the living wage or above”

and

ii)            “That preference will be given to external contracts where the applicant pays the living wage or above.”

Any cost of the above to be financed in 2013/14 year from the unallocated provision.

The Chairman referred the motion to the Policy and Resources Committee under Council Procedure Rule 11.4.

The Chief Executive submitted a report (previously circulated) which presented the delivery against the Council’s priorities in 2012/13 to Council, summarised the challenges facing the Council for the next 12 months and reaffirmed the Aims and Strategic objectives of the Council Plan for 2013/14 within this context.

Councillor Mrs Cowling moved and Councillor Arnold seconded the recommendations in the report.

Resolved

(i)            That Members note the progress made by the Council in delivering its priorities in 2012/13 and agree the challenges to be faced in 2013/14.

(ii)          That Members agree the Aims and Strategic Objectives of the Council Plan for 2013/17.

[Note – Councillor Paul Andrews requested that his abstention in the vote on the recommendations be recorded.]

The Corporate Director (s151) submitted a report (previously circulated) which, as required by regulations issued under the Local Government Act 2003, provided an annual treasury management review of activities and the actual prudential and treasury indicators for 2012/13.

Councillor Wainwright moved and Councillor Mrs Shields seconded the recommendations in the report.

Resolved

That Council:

(i)         Note the annual treasury management report for 2012/13; and

(ii)        Approve the actual 2012/13 prudential and treasury indicators in this report.

Councillor Mrs Goodrick to replace Councillor Mrs Frank on Planning Committee.

Councillor Cussons to replace Councillor Hicks on Overview and Scrutiny Committee.

Resolved

That the following changes to committee membership be approved:

(i)            Councillor Mrs Goodrick to replace Councillor Mrs Frank on Planning Committee.

(ii)          Councillor Cussons to replace Councillor Hicks on Overview and Scrutiny Committee.

To appoint the Deputy Leader of Council as the substitute on Local Government York and North Yorkshire.

Resolved

That the Deputy Leader of Council be appointed as the substitute on Local Government York and North Yorkshire.

There being no other business, the meeting closed at 9.25pm.