Agenda and minutes

Council - Thursday, 6th October, 2016 6.30 pm

Venue: Council Chamber, Ryedale House, Malton

Contact: Simon Copley  277

Recording: Listen to the recording

Items
No. Item

40.

Apologies for absence

Minutes:

Apologies for absence were received from Councillor Hope and for late arrival from Councillors Clark and Thornton.

41.

Public Question Time

Minutes:

The following public question was submitted by John David Summers:

 

"If a member of the public believes that there is bullying and/or harassment in a local authority do you believe that they should report this to the local authority?"

 

The Chairman thanked Mr Summers for his question and replied:

 

"The subject matter of the question has been the subject of private and confidential correspondence in the past between the questioner and  the Chief Executive of the  District Council.

 

The questioner is advised to refer to the correspondence he has received from the District Council to answer his question.

 

In terms of any  concerns regarding bullying and harassment, Ryedale District Council is a supportive employer and would always be concerned and act accordingly if any member of staff indicated  any such issues in the workplace.

 

We have in place clear policies and guidance to address  these serious issues and any employee with a concern is encouraged to raise it at the earliest opportunity, through a number of appropriate routes.

 

Confidentiality is assured and support is available through HR and union representatives.”

 

Mr Summers then asked a supplementary question:

 

"What action would you expect the Council to take if bullying and/or harassment is reported to the Chief Executive?"

 

The Chairman agreed that a written reply would be provided.

42.

Minutes

To approve as a correct record the minutes of the Ordinary Meeting of Council held on 1 September 2016.

Supporting documents:

Minutes:

The minutes of the Ordinary Meeting of Council held on 1 September 2016 were presented.

 

Resolved

 

That the minutes of the Ordinary Meeting of Council held on 1 September 2016 be approved and signed by the Chairman as a correct record.

43.

Urgent Business

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.

Minutes:

There was one item 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):

 

·         To designate the Senior Management Contracts Working Party as the appointments committee and give it  the authority to appoint a Deputy Chief Executive.

44.

Declarations of Interest

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.

Minutes:

The following interests were declared:

 

Councillors Burr, Clark, Potter and Thornton declared personal non-pecuniary but not prejudicial interests in agenda item 12 (H.M. Treasury:  Shale Wealth Fund Consultation) as they resided and owned property/land in Ryedale.

45.

Announcements

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

Minutes:

The Chairman announced that he had attended the following events:

 

·        The flag raising ceremony on Merchant Navy Day, with the Leader of Council;

·        Yorkshire in Bloom in York, with a suggestion that entries from Ryedale be encouraged next year;

·        The RAF parade and service at York Minster for the training establishment at Linton On Ouse;

·        Beating Retreat at Catterick Garrison with the Gurkha Regiment.

46.

To Receive any Questions submitted by Members Pursuant to Council Procedure Rule 10.2 (Questions on Notice at Full Council)

Minutes:

There were no questions on notice.

47.

To Receive a Statement from the Leader of the Council and to Receive Questions and Give Answers on that Statement

Supporting documents:

Minutes:

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

 

"It is only 5 weeks since our last full council meeting - so I don't have a lot to report to you.

 

All the outside meetings I have attended have been around the subject of housing - the LGNY&Y Housing Board and Forum. Steve and I also attended a conference on rural housing.

 

It is increasingly clear that there is funding out there to aid the delivery of an increased supply of new homes, we just have to be ready to grasp the opportunities.

 

The new buzz word is community led housing. Funding for CLH is being made available, particularly in rural and coastal villages and small towns that have a high proportion of second homes. Work is ongoing to encourage communities to take up this opportunity. so I have asked Peter Duncan, who works for the consultants promoting this concept, if he would attend our Parish Liaison Meeting on the 19th October. I am pleased to say he has confirmed he can come to Ryedale - so I would be very grateful if you could encourage the parishes that you represent to attend that meeting.

 

At the conference and at the LGNY&Y meeting, building firms both large and small told us of the frustrations they face in being able to deliver new build housing. The problems range from lenders being unwilling to fund development, lack of skilled labour, the intricacies of the planning system and not least the cost added to open market housing by the provision of affordable homes.

 

I would like to remind you that in two weeks time we shall be in the middle of our Local Government Association Corporate Peer Challenge (information sent out to you on the 28th September) and we shall be looking forward to the preliminary findings of the Peer Challenge. All Members are invited to the feedback session on Friday the 21st of October at 1pm. It would be good to see as many of you as possible there.

 

Tonight on our agenda we are being asked to agree a policy for our property assets. Our O&S committee have provided us with an excellent piece of background work to help us make that decision.

 

Lastly, when we get to item 12 - the Shale Wealth Fund Consultation - I hope we shall not start reliving the debate about fracking. We need to concentrate on giving relevant responses to the consultation."

 

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

 

1.    From Councillor Burr

 

"Tonight we're being asked to agree a policy for our property assets and this work has been done extremely quickly. Could the Leader tell me why a motion from Councillor Andrews and myself put forward to have more pumps around Brawby and Malton/Norton re: flooding has not even come back to Full Council as yet?  It's 12 weeks to the end of December and last December we suffered severe flooding. What if this  ...  view the full minutes text for item 47.

48.

To consider for Approval the Recommendations in respect of the following Part 'B' Committee Items:

Policy and Resources Committee - 22 September 2016

 

Minute 26 - Scrutiny Review - Council Property Assets (page 21)

 

[Exempt Information: That under Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended), the public be excluded from the meeting for any discussion of the annex to this item as there would be a likely disclosure of exempt information relating the financial or business affairs of any particular person (including the authority holding that information).]

 

Licensing Committee - 27 September 2016

 

Minute 5 - Deregulation Act 2015: Changes to Hackney Carriage and Private Hire Licensing Policy including Review of Fees (page 51)

 

Supporting documents:

Minutes:

Policy and Resources Committee - 22 September 2016

 

Minute 26 - Scrutiny Review - Council Property Assets

 

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

 

That Members agree the policy for the future management of the Council's property portfolio as recommended in the report of the Scrutiny review of Council assets.

 

Policy and Resources Committee recommends that Council consider a change to the final bullet point of Principles (page 2 of the Report) to say;

 

"That the proceeds of the sale of any of the assets be used to support the delivery of the Council's priorities."

 

Councillor Burr moved and Councillor Paul Andrews seconded the following amendment:

 

The addition of a further bullet point to the Principles to read:

 

"For disposal of any Council owned asset used for car parking, decisions should be made in the context of a car parking policy."

 

Upon being put to the vote the amendment was carried.

 

Voting Record

15 For

6 Against

4 Abstentions

 

Councillor Clark then moved and Councillor Joy Andrews seconded a further amendment as follows:

 

This item is referred back to the Committees for further consideration.

 

Upon being put to the vote the amendment was lost.

 

Voting Record

6 For

14 Against

3 Abstentions

 

The Chief Executive reassured Members that officers would not dispose of any major assets without coming back to Council if the policy was adopted.

 

Upon being put to the vote the motion was carried.

 

Resolved

 

That Council agree the policy for the future management of the Council's property portfolio as recommended in the report of the Scrutiny review of Council assets, with a change to the final bullet point of Principles (page 2 of the Report) to say:

 

"That the proceeds of the sale of any of the assets be used to support the delivery of the Council's priorities."

 

            And the addition of a further bullet point to the Principles to read:

 

            "For disposal of any Council owned asset used for car parking,            decisions should be made in the context of a car parking policy."

 

Recorded Vote

For

Councillors Steve Arnold, Val Arnold, Burr, Cleary, Cowling, Cussons, Frank, Gardiner, Ives, Jainu-Deen, Jowitt, Keal, Oxley, Raper, Shields, Wainwright and Windress.

 

Against

Councillors Joy Andrews, Paul Andrews, Clark, Duncan, Potter and Thornton.

 

Abstentions

None.

 

Licensing Committee - 27 September 2016

 

Minute 5 - Deregulation Act 2015: Changes to Hackney Carriage and Private Hire Licensing Policy including Review of Fees

 

It was moved by Councillor Maud and seconded by Councillor Windress that the following recommendations of the Licensing Committee be approved and adopted.

 

1. That Council approves the fees set out in Appendix 1 to this report and they be introduced on 1 December 2016.

 

2. That a proposed new budget structure of three separate accounts for each licence type (1) dual drivers licence (2) hackney carriage vehicle and (3) private hire vehicle and operators be approved and adopted.

 

3. That a  ...  view the full minutes text for item 48.

49.

Notices on Motion Submitted Pursuant to Council Procedure Rule 11

Proposed by Councillor Clark and seconded by Councillor Thornton

 

The Staff Champion is important not only to the employees of Ryedale District Council but also to the running of the council.  So as to make this relationship even better and more democratic, the employees at Ryedale District Council should have the opportunity to elect their champion.

 

This council therefore resolves:

 

1.    To agree in principal that future Staff Champions should be elected by the employees of Ryedale District Council.

2.    That the Policy and Resources committee, after consultation with Unison and others, produces a structure and arrangements so that this process can take place.

3.    The result of Policy and Resources deliberations be recommended to Full Council for decision.

Minutes:

A procedural motion was moved and seconded that this item be dealt with now (rather than putting it back to later in the meeting) and upon being put to the vote, this item was carried.

 

It was moved by Councillor Potter and seconded by Councillor Joy Andrews:

 

"The Staff Champion is important not only to the employees of Ryedale District Council but also to the running of the council.  So as to make this relationship even better and more democratic, the employees at Ryedale District Council should have the opportunity to elect their champion.

 

This council therefore resolves:

 

1.    To agree in principal that future Staff Champions should be elected by the employees of Ryedale District Council.

2.    That the Policy and Resources committee, after consultation with Unison and others, produces a structure and arrangements so that this process can take place.

3.    The result of Policy and Resources deliberations be recommended to Full Council for decision."

 

A procedural motion was moved and seconded that Councillor Paul Andrews no longer be heard on this item and upon being put to the vote this motion was carried.

 

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

 

Recorded Vote

For

Councillors Joy Andrews, Paul Andrews, Burr, Clark, Jowitt and Potter.

 

Against

Councillors Steve Arnold, Val Arnold, Bailey, Cleary, Cowling, Cussons, Duncan, Farnell, Frank, Gardiner, Goodrick, Ives, Jainu-Deen, Maud, Oxley, Raper, Sanderson, Wainwright and Windress.

 

Abstentions

Councillors Acomb, Keal and Shields.

50.

H.M. Treasury: Shale Wealth Fund Consultation

Supporting documents:

Minutes:

The Head of Planning and Housing submitted a report (previously circulated) which sought agreement to a response to the consultation on the Shale Wealth Fund.

 

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

 

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

 

"Group Leaders" be replaced by "Group Leaders and 1 Conservative".

 

Upon being put to the vote the amendment was carried.

 

Recorded Vote

For

Councillors Joy Andrews, Paul Andrews, Burr, Clark, Frank, Jowitt, Keal, Maud, Oxley, Potter, Shields, Thornton and Wainwright.

 

Against

Councillors Acomb, Steve Arnold, Val Arnold, Cleary, Cowling, Cussons, Farnell, Goodrick, Jainu-Deen, Raper, Sanderson and Windress.

 

Abstentions

Councillors Duncan, Gardiner and Ives.

 

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

 

Resolved

 

            That Council delegates approval of the response to the consultation to the Head of Planning and Housing, in liaison with the Group Leaders and 1 Conservative.

 

Voting Record

22  For

1  Against

6  Abstentions

51.

Any other business that the Chairman decides is urgent.

Minutes:

Councillor Cowling moved and Councillor Steve Arnold seconded that Council to designate the Senior Management Contracts Working Party as the appointments committee and give it the authority to appoint a Deputy Chief Executive.

 

Councillor Ives moved and Councillor Goodrick seconded an amendment to make the motion read as follows:

 

"That the post of Corporate Director be changed to Deputy Chief Executive and that the post be recruited internally as it relates to a bumped redundancy.  That the Senior Management Contracts Working Party be designated the appointments committee and given the authority to appoint a Deputy Chief Executive.  If there is not a suitable internal candidate there will be no appointment and the process will be referred back to Council to consider an external advertisement."

 

Upon being put to the vote the amendment was carried.

 

Voting Record

19 For

6 Against

2 Abstentions

 

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

           

            Resolved

 

            That the post of Corporate Director be changed to Deputy Chief           Executive and that the post be recruited internally as it relates to a            bumped redundancy.  That the Senior Management Contracts Working          Party be designated the appointments committee and given the           authority to appoint a Deputy Chief Executive.  If there is not a suitable             internal candidate there will be no appointment and the process will be    referred back to Council to consider an external advertisement.

 

Recorded Vote

For

Councillors Steve Arnold, Val Arnold, Cleary, Cowling, Cussons, Farnell, Frank, Gardiner, Goodrick, Ives, Jainu-Deen, Keal, Maud, Oxley, Raper, Shields, Wainwright and Windress.

 

Against

Councillors Joy Andrews, Paul Andrews, Clark, Duncan, Jowitt, Potter and Thornton.

 

Abstentions

Councillor Burr.

 

 

There being no other business, the meeting closed at 10.05pm.

Supporting documents: