Agenda and minutes

Apologies for absence were received from Councillors Acomb, Joy Andrews, Hicks, Hope, Walker and Windress.

There were no public questions.

To approve as a correct record the minutes of the Extraordinary and Ordinary Meetings of Council held on 5 September 2013 (attached) and the minutes of the Extraordinary Meeting of Council held on 21 October 2013 (to follow).

The minutes of the Extraordinary and Ordinary Meetings of Council held on 5 September 2013 and of the Extraordinary Meeting of Council held on 21 October 2013 were presented.

Resolved

That the minutes of the Extraordinary and Ordinary Meetings of Council held on 5 September 2013 and of the Extraordinary Meeting of Council held on 21 October 2013 be approved and signed by the Chairman as a correct record, subject to amendments to the minutes of the Extraordinary Meeting held on 5 September 2013 to indicate that Councillor Mrs Shields was present and that apologies were given by Councillors Ives and Ward.

In response to a request for an update on the situation with the judicial review referred to in the minutes of the Extraordinary Meeting of Council held on 21 October 2013, the Council’s Solicitor made the following statement:

Queen on the application of William Shaw -v- Ryedale DC & Anor - Kirkdale Road, Kirkbymoorside

The District Council has received a legal challenge  by way of  Judicial Review to the decision of the Planning Committee meeting on 28 August 2013  to grant planning permission to Gladman Developments Limited in respect of major residential development on land near Kirkdale Road Kirkbymoorside.

The claimants are Mr William Shaw and Mr Brian Hewitt.

The Court papers were received from Rollits   who are the Solicitors for Mr William Shaw and Mr Brian Hewitt.

Given that the grant of planning permission to Gladman Developments Limited is now the subject of legal proceedings Members are requested to be circumspect and avoid  discussing the particulars of the case in a way which could prejudice  the Council’s legal position  in advance of the High Court hearing.

Officers have obtained  specialist legal advice on the court papers . The legal advice was not to contest the proceedings. The District Council has accordingly  completed the Acknowledgement of Service on that basis

There is a two stage process for the Court dealing with a Judicial Review action.

Firstly, there is a permission or leave  stage.  The Judicial Review application needs the permission of the Court to proceed to hearing.

A Judge in Chambers will consider the papers for the case and decide whether or not to grant permission to proceed. 

If  the application is refused a party can request an oral hearing.

The papers will be considered by the Judge within a maximum of three weeks.

Secondly, if permission is given to proceed to hearing there will be a full hearing. This can take place within six months.

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 Paul Andrews declared a personal non-pecuniary but not prejudicial interest in agenda item 10 minute 30 (Parish Grant Funding 2014/2015) as a Malton Town Councillor and agenda item 11 (Notices on Motion) as he had been canvassed.

Councillor Arnold declared a personal non-pecuniary but not prejudicial interest in agenda item 11 (Notices on Motion) as he had been lobbied.

Councillor Mrs Burr declared a personal pecuniary and prejudicial interest in agenda item 11 (Notices on Motion) and left the room and took no part in the discussion or vote on the item.

Councillor Clark declared a personal non-pecuniary but not prejudicial interest in agenda item 11 (Notices on Motion) as he had been lobbied by a member of Council and as a County Councillor.

Councillor Collinson declared a personal non-pecuniary but not prejudicial interest in as he had been lobbied by a member of Council.

Councillor Mrs Cowling declared a personal non-pecuniary but not prejudicial interest in agenda item 11 (Notices on Motion) as she had been lobbied by a member of Council.

Councillor Fraser declared a personal non-pecuniary but not prejudicial interest in agenda item 11 (Notices on Motion) as he had been lobbied by a member of Council.

Councillor Mrs Hopkinson declared a personal non-pecuniary but not prejudicial interest in agenda item 11 (Notices on Motion) as she had been lobbied by a member of Council.

Councillor Ives declared a personal non-pecuniary but not prejudicial interest in agenda item 11 (Notices on Motion) as he and his family had been canvassed by a member of Council.

Councillor Mrs Keal declared a personal non-pecuniary but not prejudicial interest in agenda item 10 minute 30 (Parish Grant Funding 2014/2015) as a Norton Town Councillor and agenda item 11 (Notices on Motion) as she had been canvassed.

Councillor Richardson declared a personal non-pecuniary but not prejudicial interest in agenda item 11 (Notices on Motion) as he had been lobbied by a member of Council.

Councillor Mrs Sanderson declared a personal non-pecuniary but not prejudicial interest in agenda item 11 (Notices on Motion) as she had been lobbied and as a County Councillor.

Councillor Mrs Shields declared a personal non-pecuniary but not prejudicial interest in agenda item 11 (Notices on Motion) as she had been canvassed and as a County Councillor.

Councillor Ward declared a personal pecuniary and prejudicial interest in agenda item 10 minute 22 (Review of Visitor Information Services) and left the room and took no part in the discussion or vote on the item.  She also declared a personal non-pecuniary but not prejudicial interest in agenda item 10 minute 30 (Parish Grant Funding 2014/2015) as a Kirkbymoorside Town Councillor and agenda item 11 (Notices on Motion) as she had been canvassed.

Councillor Woodward declared a personal non-pecuniary but not prejudicial interest in agenda item 10 minute 22 (Review of Visitor Information Services) as his wife ran a Bed & Breakfast and he was a partner in the business, but they sent business to but  ...  view the full minutes text for item 73.

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

The Chairman made the following announcements:

·        That she would be laying a wreath at the Remembrance Day service at Kirkbymoorside on 10 November 2013.

·        Marcel Fraenzel the Mayor of Woensdrecht Netherlands with a population of 22,000 and an area of 100 square kilometres near the Belgian border was welcomed to the meeting.  Mayor Fraenzel  was observing the operation of local democracy at Ryedale District Council with elected Councillors most of whom were in  political parties . In the Netherlands the Mayors are selected and appointed by the Crown.

From Cllr Wainwright to the Leader of Council

Much has been spoken and written recently about the unfairness of employees having to work on a zero hours contract.

Does Ryedale District Council have any members of staff on a zero hours contract?

From Cllr Wainwright to the Leader of Council

At the Full Council Meeting on September 5^th in your Leader’s statement you said;

It is my intention that we should give as much assistance to the Ryedale Community and Leisure Centre (RCLC) as reasonably possible to enable them to put together a successful bid to buy the building.

What assistance has been given to the RCLC in their attempt to by the club?

From Cllr Clark to the Chair of Council

Could you please update Council on the Farndale evictions.  How is your ‘hard nosed’ campaign going?

From Cllr Clark to the Chair of Planning

Have you reconsidered your position as Chair of the Planning Committee?

From Cllr Clark to the Chair of Policy

Could you please inform Council of what support RDC has given to RCLC since the 5^th September 2013?

From Cllr Wainwright to the Leader of Council

We must accept that Local Government at a District level is always changing and that small Councils such as ours need to adapt to change.

I am hoping to stand for the last time at the election for the Hovingham Ward at the Local elections in 2015. As the Leader of the Council what strategies are you adopting to ensure that Ryedale District Council survives until 2019 and beyond?

1.         Councillor Wainwright submitted the following question:

To Councillor Mrs Cowling, Leader of Council:

“Much has been spoken and written recently about the unfairness of employees having to work on a zero hours contract.

Does Ryedale District Council have any members of staff on a zero hours contract?”

The Leader of Council, Councillor Mrs Cowling replied

“We have no zero hours contracts, nor do we plan to introduce them.”

Councillor Wainwright asked the following supplementary question:

“What provision does the Council have to ensure that external contractors working for the Council do not have employees on a zero hours contract?”

Councillor Mrs Cowling replied

“I'm not aware that we have any provision at all to prevent external contractors having employees on zero hours contract but I will make enquiries for you and if it is any different I'll reply to you and the rest of the Council.”

2.         Councillor Wainwright submitted the following question:

To Councillor Mrs Cowling, Leader of Council:

“At the Full Council Meeting on September 5^th in your Leader’s statement you said;

‘It is my intention that we should give as much assistance to the Ryedale Community and Leisure Centre (RCLC) as reasonably possible to enable them to put together a successful bid to buy the building.’

What assistance has been given to the RCLC in their attempt to by the club?”

The Leader of Council, Councillor Mrs Cowling replied

“Within a week of that meeting the Council had contacted the RCLC for relevant information, met with them, evaluated their proposal, obtained payment and sorted the licence to occupy. The Council has also dealt with the Business Rate Relief issue with the club.

The Corporate Director contacted the club and left it with them to contact him with any requests for assistance. They RCLC met yesterday with the Corporate Director and I can report that the club are actively working on a future for the club and advice on finance and planning issues has and will continue to be provided to help them finalise a proposal for the Council.

I also visited RCLC on Tuesday night along with a few other councillors and it was nice to see it in such good condition, I was worried the building may have deteriorated, and to see the enthusiasm to continue the club.”

Councillor Wainwright asked the following supplementary question:

“I am concerned that we're now 8 weeks in to a 16 week window of opportunity for the RCLC to purchase the building. In the minutes of the last full council meeting on page 4 of our agenda the resolved portion states that the Council would provide reasonable officer support to the RCLC that wishes to purchase the building. Officers and the local ward members are to work with the RCLC throughout this process. Are you aware of any assistance that the local ward members have given to assist the RCLC in the purchase of the building?”

Councillor Mrs Cowling replied

“I'm not personally aware of the local ward  ...  view the full minutes text for item 75.

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

“As we have a busy agenda this evening I only have a brief statement to make tonight. I know that other points I wish to raise will be picked up as agenda items.

Some of you will have seen the headline in the Gazette and Herald which states that the Council is considering putting up Council Tax by 7%. I must stress that this is absolutely not the case. We are considering a package of measures to manage our budget and finances which may result in putting up council tax by 7p per week.

The challenge period for our local plan ended on 17 October 2013. Members will be aware that the Council’s solicitor informed us that there has been a challenge by Gladman’s about the housing chapter. This challenge appears to be part of a national test case and our Officers are working very hard and are doing all they can to ensure that they obtain the best advise to assist us in this challenge. We will be kept informed by Officers.

I wish to update you on the governance of the Local Economic Partnership. (LEP). Since my last Leaders statement I can inform you that, work is on going to make sure that the Leaders of all Districts and all Council’s in the LEP have a stronger part to play. It is has been proposed that a Leaders Board sits alongside the LEP Board This means that all Leaders from all the Authorities in the North Yorkshire, York and East Riding LEP have a place at the table and bearing in mind how much money is going to the LEP this is very important to Ryedale.”

The following questions were received on the Leader’s Statement:

1.    From Councillor Paul Andrews

“My first question is what will be the impact of the application for judicial review on the sites DPD document? Does this mean that it'll be necessary to defer this document until the outcome of that judicial review is known?”

The Leader replied:

“As I understand it the answer to that is no, the same as with the other judicial review that we're involved in at the moment. I understand that the first decision that has to be made is if there is a case for judicial review and that the LDF stands but I will defer to our solicitor, he may tell me different but I think that's right. I'm being told that is correct.”

Councillor Paul Andrews then asked the following supplementary question:

“Does that mean therefore that if the judicial review sets aside the Local Plan, that any money spent on the sites DPD will have been wasted?”

The Leader then replied:

“I'm sorry but I can't answer that. I will have to get you a written answer to that, which I will copy everyone into.”

2.    From Councillor Richardson

“I've got 2 questions to the Leader for you. The first one's  ...  view the full minutes text for item 76.

Commissioning Board – 19 September 2013

Minute 21 – Capital Funding - Pools (page 27)

Minute 22 – Review of Visitor Information Services (page 37)

Policy and Resources Committee – 26 September 2013

Minute 28 – Budget Strategy (page 63)

Minute 29 – Charging for Green Waste (page 79)

Minute 30 – Parish Grant Funding 2014/2015 (page 97)

Minute 31 – Council Tax Discounts (page 113)

Commissioning Board – 19 September 2013

Minute 21 – Capital Funding - Pools

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

That Council be recommended to approve:

The sum of £275,000 in the capital programme for works to Ryedale and Derwent Pools for the period up to 31 March 2017.

Upon being put to the vote the motion was carried.

Resolved

That Council approve:

The sum of £275,000 in the capital programme for works to Ryedale and Derwent Pools for the period up to 31 March 2017.

Minute 22 – Review of Visitor Information Services

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

That Council be recommended to approve:

(i)        modernisation of the Council’s visitor information services to provide face-to-face and telephone information through Pickering TIC only (thereby closing Malton and Helmsley TICs) alongside an expanded  website and on-line presence; and

(ii)     the savings achieved from the implementation of the above to be considered as part of the Council’s 2014/2015 budget strategy process.

Upon being put to the vote the motion was carried.

Recorded Vote

For

Councillors Arnold, Bailey, Clark, Collinson, Mrs Cowling, Cussons, Mrs Frank, Fraser, Mrs Goodrick, Hawkins, Mrs Hopkinson, Ives, Legard, Raper, Richardson, Mrs Sanderson, Wainwright, Ward and Woodward. [As amended on 9/1/14]

Against

Councillors Paul Andrews, Mrs Burr, Mrs Keal, Maud and Mrs Shields.

Abstentions

None.

Resolved

That Council approve:

(i)                    modernisation of the Council’s visitor information services to provide face-to-face and telephone information through Pickering TIC only (thereby closing Malton and Helmsley TICs) alongside an expanded  website and on-line presence; and

(ii)     the savings achieved from the implementation of the above to be considered as part of the Council’s 2014/2015 budget strategy process.

Policy and Resources Committee – 26 September 2013

Minute 28 – Budget Strategy

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

That Council be recommended to approve the following strategy for the preparation of the 2014/2015 budget:

(i)      Proposals be brought forward for a 1.99% increase in Council tax;

(ii)     Increases in fees and charges to be 3.5% - 4.5% on a cost centre heading basis excluding VAT and only those charges officers recommend above or below this figure to be considered by the relevant policy committee;

(iii)    Efficiencies to be maximised; and

(iv)    Options for service cuts to be provided. These proposals to be considered by the Resources Working Party and brought to the Policy and Resources Committee and Council.

Upon being put to the vote the motion was carried.

Resolved

That Council approve the following strategy for the preparation of the 2014/2015 budget:

(i)      Proposals be brought forward for a 1.99% increase in Council tax;

(ii)     Increases in fees and charges to be 3.5% - 4.5% on a cost centre heading basis  ...  view the full minutes text for item 77.

Proposed by Councillor Paul Andrews and seconded by Councillor Mrs Shields

We the undersigned Councillors in accordance with the Council’s constitution (motion to rescind a previous decision) request that the following parts of the decision taken at Council on the 5 September 2013 for the item Part B Referrals from the Policy and Resources Committee on the 29 August 2013, Ryedale Apprenticeship Scheme, be reversed at the Council meeting on the 31 October 2013 Council:

…the deletion of amounts allocated to Norton Primary School, Suddabys, The Yard and Goodys Group.

…the deletion of the £13,500 allocation to the Academy as training provision.

[Signatories:  Councillors Paul Andrews, Mrs Shields, Maud, Wainwright, Ward, Joy Andrews, Richardson, Mrs Keal.]

1.     It was moved by Councillor Paul Andrews and seconded by Councillor Mrs Shields

We the undersigned Councillors in accordance with the Council’s constitution (motion to rescind a previous decision) request that the following parts of the decision taken at Council on the 5 September 2013 for the item Part B Referrals from the Policy and Resources Committee on the 29 August 2013, Ryedale Apprenticeship Scheme, be reversed at the Council meeting on the 31 October 2013 Council:

…the deletion of amounts allocated to Norton Primary School, Suddabys, The Yard and Goodys Group.

…the deletion of the £13,500 allocation to the Academy as training provision.

[Signatories:  Councillors Paul Andrews, Mrs Shields, Maud, Wainwright, Ward, Joy Andrews, Richardson, Mrs Keal.]

An amendment was moved by Councillor Clark and seconded by Councillor Woodward:

To delete the wording:

“and Goodys Group.

…the deletion of the £13,500 allocation to the Academy as training provision.”

Upon being put to the vote the amendment was lost.

Recorded Vote

For

Councillors Clark, Collinson, Mrs Hopkinson, Ives, Maud, Richardson, Mrs Sanderson, Ward and Woodward.

Against

Councillors Paul Andrews, Arnold, Mrs Cowling, Cussons, Mrs Frank, Fraser, Mrs Goodrick, Hawkins, Mrs Keal, Legard, Raper, Mrs Shields and Wainwright.

Abstentions

Councillor Bailey.

Upon being put to the vote, the motion was then lost.

Councillor Mrs Frank then moved and Councillor Ward seconded a procedural motion that the meeting be continued.  On being put to the vote, this motion was carried.

The Chief Executive submitted a report (previously circulated) which proposed a revision to the current committee structure for 2014/15 to ensure that the Council’s decision making structure continues to meet the requirements to deliver efficient, transparent and accountable decision making.

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

Resolved

That Council support in principle a revised committee structure for 2014/15 which has the following 3 main Committees:

·               Policy and Resources

·               Regulatory (Planning and Licensing)

·               Overview and Scrutiny (including Audit, Crime and Disorder and Standards)

For the Conservative Group:

To replace Councillor Mrs Hopkinson as a member of the Overview and Scrutiny Committee.

To replace Councillor Mrs Hopkinson as a substitute on the Planning  Committee.

Resolved

That the following changes to committee membership be approved:

(i)            Councillor Mrs Frank to replace Councillor Mrs Hopkinson on Overview & Scrutiny Committee;

(ii)          Councillor Collinson to replace Councillor Mrs Hopkinson as a substitute on Planning Committee;

(iii)         Councillor Mrs Hopkinson to replace Councillor Mrs Frank on Commissioning Board.

There being no other business, the meeting closed at 10.45pm.