Agenda and minutes

Apologies for absence were received from Councillors Wainwright and Windress.

To approve as a correct record the minutes of the Ordinary Meeting of Council held on 8 December 2016.

The minutes of the Ordinary Meeting of Council held on 8 December 2016 were presented.

Resolved

That the minutes of the Ordinary Meeting of Council held on 8 December 2016 be approved and signed by the Chairman as a correct record, on the understanding that the following amendment be added.

Minute 60 - To consider for approval the Recommendations in respect of the following Part "B" Committee Items

Minute 38 - Timetable of Meetings 2017-2018

The last two votes had to be taken again as a result of inappropriate use of a voting unit.

Voting record

22 For

5 Abstentions

The following interests were declared:

Councillors V Arnold, Burr, Clark, Sanderson and Shields declared a personal non pecuniary non prejudicial interest in Item 13 as members of North Yorkshire County Council.

Councillor P Andrews declared a personal non pecuniary non prejudicial interest in Item 13 as a member of Malton Town Council.

Councillor Keal declared a personal non pecuniary non prejudicial interest in Item 13 as a member of Norton-on-Derwent Town Council.

Councillor J Andrews declared a personal non pecuniary non prejudicial interest in Item 13 as a member of Pickering Town Council.

The Chairman made the following announcements:

The Chairman offered his thanks to all who had attended the recent Burns Night Supper in support of his charities.

There were no questions on notice.

Representation on Outside Bodies

To appoint a representative to the Police and Crime Panel, following Councillor Hope's decision to stand down from the role.

Representation on Outside Bodies

Resolved

Councillor Val Arnoldbe appointed as the Council's representative on the Police and Crime Panel, following Councillor Hope's decision to stand down from the role.

Voting record

19 For                

9 Against

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

"At our first Council meeting of 2017 I would like to congratulate those members of the Ryedale community who have been acknowledged for their public work in the New Year Honours. Right Reverend James Jones on receiving a KBE for services to Bereaved Families and Justice, having chaired the Hillsborough Independent Panel and also to Councillor David Cussons on receiving an MBE for services to Agriculture and Rural Communities in North Yorkshire particularly through the Ryedale Agricultural Show.

Moving to our agenda for tonight, Members will be considering the budget for 2017/18 and our financial strategy to 2021. Members of this Council were quite clear about their wishes for the future delivery of services - they wanted to achieve the savings required of this Council without reducing services. Only a far-reaching restructure of the organisation could achieve that. Thanks to the hard work and commitment of all staff of the Council, savings in the region of £1m will be achieved by March 2018, no mean feat in itself, and on top of that there have been no compulsory redundancies. This has been the result of hard work and determination and made possible by Members allowing Officers to do their job. Under the direction of our Chief Executive staff are continuing to work on the redesign of Council services to maintain the range of high quality services delivered for our residents and customers, all within the budget parameters we will set this evening. I have to thank our Chief Executive for her courage and ability in implementing what has been a huge change. We are now a fit for purpose, modern council.

I welcome the Government's announcement that the York, North Yorkshire and East Riding area has been allocated £23.7m from the Local Growth Fund. Ryedale has been successful in attracting funding for a new employment site at Pickering (Thornton Road) to allow the expansion of the high tech engineering sector in Ryedale. This is excellent news for Ryedale and follows our previous success with funding for the Malton Business Park and Food Enterprise Zone. This continues to support the delivery of our priority of investing in better jobs in our area."

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

1.    From Councillor Potter

It's certainly good news that we've got the funding for several industrial estates and employment sites. The thing that worries me is that we have enabling development of  a business park, a food enterprise zone and at least three housing estates in Malton and Old Malton specifically for a new cattle market, which is conspicuous by its absence - where is it? Have we been hoodwinked now that the A64 has been breached for development?

The Leader replied:

Cllr Potter I don't believe so. The Livestock Market has always been an aspiration of this Council and we continue to support the people who are involved in making that happen.

2.    From Councillor Shields -

I'm  ...  view the full minutes text for item 72.

Annex A and Annex B are attached. Annex C is to follow.

With reference to Minute No. 47 (Financial Strategy 2017/2018) of the Policy and Resources Committee held on 2 February 2017 (copy attached), Councillor Cowling, Chairman of the Policy and Resources Committee, will move:-

I           Budget 2017/2018

            That the revised revenue estimates for the year 2016/2017 and the revenue estimates for 2017/2018, as submitted in the Council’s Financial Strategy and Revenue Budget 2017/2018 Book be approved (copy enclosed).

II           Council Tax Base

            That it be noted that, in accordance with Minute No. 363(d)/2005 of the Policy and Resources Committee held on 8 December 2005, which was subsequently approved by Council at its meeting on 12 January 2006, Ryedale District Council has (pursuant to Section 101 of the Local Government Act 1972) delegated responsibility to adopt the Council Tax base to the Chief Executive and Chief Finance Officer in consultation with the Chairman of the Policy and Resources Committee. The Council calculated the amounts for the year 2017/18, in accordance with regulations made under Section 31B of the Local Government Finance Act 1992, as amended, as set out in Annex A.

III          District/Parish Council Tax Rates

            That the following amounts be now calculated by the Council for the year 2017/18, in accordance with Sections 31A, 31B and 34 to 36 of the Local Government Finance Act 1992, as amended (the Act):

            (a)       District/Parish Gross Expenditure

                        £27,723,695.00 being the aggregate of the amounts, which the Council estimates for the items, set out in Section 31A(2) of the Act.

(b)       Income (including Government Grants and Collection Fund Surpluses)

                        £22,828,335.00 being the aggregate of the amounts, which the Council estimates for the items, set out in Section 31A(3) of the Act.

            (c)        District/Parish Council Tax Requirement

                        £4,895,360.00 being the amount by which the aggregate at Part III(a) above exceeds the aggregate at Part III(b) above, calculated by the Council, in accordance with Section 31A(4) of the Act, as its Council Tax requirement for the year.

            (d)       Basic Amount of Tax (including Parish Precepts)

                        £230.08 being the amount at Part III(c) above, all divided by the amount at Part II above, calculated by the Council, in accordance with Section 31B of the Act, as the basic amount of its Council Tax for the year.

            (e)       Parish Precept and Special Expenses

                        £936,796.00 being the aggregate amount of all special items referred to in Section 34(1) of the Act.

            (f)         Basic Amount of Tax (excluding Parish Precepts)

                        £186.05 being the amount at Part III(d) above less the results given by dividing the amount at Part III(e) above by the amount given at Part II above, calculated by the Council, in accordance with Section 34(2) of the Act, as the basic amount of its Council Tax for the year for dwellings in those parts of its area to which no special item relates.

            (g)       Basic Amount of Tax in Parishes/Towns

                        The details for each Parish as shown in Annex B, column headed “Aggregate amount at Band  ...  view the full agenda text for item 73.

The Chairman of Council reported on the procedure to be adopted in considering the above item.

It was proposed that the item be dealt with in two separate parts:

(a)    Firstly, consideration of the recommendations in Minute 47 of the Policy & Resources Committee held on 2 February 2017 and item 11 paragraph roman numeral I;

(b)    Secondly, item 11 paragraphs roman numerals II to V relating to the requisite calculations and the setting of Council Tax.

It was moved by Councillor Cowling and seconded by Councillor S Arnold that Minute No. 47 (Financial Strategy 2017/2018) of the Policy and Resources Committee held on 2 February 2017 be noted and received by Council, that Council adopt the recommendations in the s151 Officer's report and that Council approve item 11 paragraph roman numeral I relating to the Council’s revenue budget.

Councillor Clark proposed and Councillor Thornton seconded the following amendment;

"The addition of a line to the chart on page 80 of the Agenda to add the following details;

Upon being put to the vote the amendment was lost.

Recorded Vote

For

Councillors J Andrews, P Andrews, Burr, Clark, Jowitt, Potter and Thornton

Against

Councillors Acomb, S Arnold, V Arnold, Bailey, Cleary, Cowling, Cussons, Duncan, Farnell, Frank, Gardiner, Goodrick, Hope, Ives, Jainu-Deen, Keal, Maud, Oxley, Raper, Sanderson and Shields.

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

Recorded Vote

For

Councillors Acomb, S Arnold, V Arnold, Bailey, Cleary, Cowling, Cussons, Duncan, Farnell, Frank, Gardiner, Goodrick, Hope, Ives, Jainu-Deen, Keal, Maud, Oxley, Raper, Sanderson and Shields.

Against

Councillors J Andrews, Clark, Potter and Thornton

Abstentions

Councillors Burr and Jowitt

It was moved by Councillor Cowling and seconded by Councillor S Arnold that item 11 paragraphs roman numerals II to V relating to the requisite calculations and the setting of Council Tax be approved and adopted.

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

Recorded Vote

For

Councillors Acomb, P Andrews, S Arnold, V Arnold, Bailey, Cleary, Cowling, Cussons, Duncan, Farnell, Frank, Gardiner, Goodrick, Hope, Ives, Jainu-Deen, Jowitt, Keal, Maud, Oxley, Raper, Sanderson and Shields.

Against

Councillors J Andrews, Burr, Clark, Potter and Thornton

Resolved

That Council:

(i) Approve the Council's Financial Strategy (Annex A) which     includes:

a. Savings/additional income totalling £1.081m (Financial Strategy Appendix A)

b. Growth Pressures totalling £328K (Financial Strategy Appendix A)

c. The Prudential Indicators (Financial Strategy Appendix B)

d. The revised capital programme (Financial Strategy Appendix D)

e. The Pay Policy 2017/18 (Financial Strategy Appendix E)

(ii) Approve a Revenue Budget for 2017/18 of £6,156,794 which represents a £4.34 increase in the Ryedale District Council Tax, increasing the total charge to £186.05 for a  ...  view the full minutes text for item 73.

The Resources and Enabling Services Lead (s151) submitted a report (previously circulated) which considered the Treasury Management and Annual Investment Strategies, the Minimum Revenue Provision Policy and set the Prudential Indicators for 2017/18.

It was moved by Councillor Keal and seconded by Councillor Acomb that the following recommendations of the Overview and Scrutiny Committee, set out in minute 77 from the meeting on 26 January 2017, be approved and adopted.

That Council be recommended that:

(i) Members receive the report;

(ii) The Treasury Management and Investment Strategies be noted and approved by the Council;

(iii) The Minimum Revenue Provision Policy Statement be approved by the Council and:

(iv) That the Prudential Indicators in the report be approved by the Council.

Upon being put to the vote the motion was carried.

Resolved

That:

(i) The report be received;

(ii) The Treasury Management and Investment Strategies be noted and approved;

(iii) The Minimum Revenue Provision Policy Statement be approved and:

(iv) That the Prudential Indicators in the report be approved.

Voting Record

Unanimous

To consider the recommendations in Minute 48 from Policy and Resources Committee on 2 February 2017 (page 141) and in the subsequent report to Council from the Head of Planning (page 147).

Councillor Cowling moved and Councillor Acomb seconded that the following recommendations in Minute 48 from Policy and Resources Committee on 2 February 2017 and in the subsequent report to Council from the Head of Planning be approved:

(i)         That applications be invited from community groups for funding from section 106 monies collected for enhancement of or improvements to existing POS or for Sports and Recreation which will be allocated through the Resources Working Party. Recommendations will be made by the Resources Working Party to the Policy and Resources Committee for approval Local parish and town councils along with ward members to be included in the assessment process of the applications received.

(ii)        That the criteria outlined in Section 8 of the report of the Head of Planning be approved.

Councillor Ives moved and Councillor S Arnold seconded the following amendment;

Amendment to 8.3 p 148 (of the agenda)

Applications will be invited initially by;

1.    Town or parish councils or,

2.    Ryedale District Council (RDC)

Following submission of applications to RDC (either directly or via town/parish councils), these applications will be appraised by appropriate officers and in all cases will include consultation with the relevant Town or Parish Council and Ward Members. Applications and appraisals will then be presented to Resources Working Party for recommendation to Policy and Resources Committee

Upon being put to the vote the amendment was carried.

Voting Record

For 25

Against 3

Councillor P Andrews moved and Councillor Burr seconded the following amendment;

Delete the final sentence of the amended proposal and add;

Recommendations will be forwarded to the Council's Chief Executive for vetting for purposes of propriety, policy and legality and (subject thereto) final approval. Recommendations made to the Chief Executive will be forwarded to Policy and Resources Committee if requested by a ward member.

Upon being put to the vote the amendment was lost.

Voting record

3 For

25 Against

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

Resolved

(i)             That applications be invited from community groups for funding from section 106 monies collected for enhancement of or improvements to existing POS or for Sports and Recreation which will be allocated through the Resources Working Party Recommendations will be made by the Resources Working Party to the Policy and Resources Committee for approval. Local parish and town councils along with ward members to be included in the assessment process of the applications received.

(ii)            That the criteria outlined in Section 8 of the report of the Head of Planning  be approved.

Voting Record

Unanimous

Planning Committee - 20 December 2016

Minute 112 - Malton Food Enterprise Zone Local Development Order (LDO) (page 165)

Overview and Scrutiny Committee - 26 January 2017

Minute 78 - Appointment of the sector led body Public Sector Audit Appointments (PSAA) to appoint external audit services for Ryedale District Council from 1 April 2018 (page 239)

Corporate Governance Standards Sub-Committee - 9 February 2017

Minute 4 - Monitoring Officer's Report Regarding Complaint Alleging Breach Of The Members' Code Of Conduct (page 269)

Planning Committee - 20 December 2016

Minute 112 - Malton Food Enterprise Zone Local Development Order (LDO)

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

That Council be recommended that the Local Development Order for the Malton Food Enterprise Zone is adopted.

Upon being put to the vote the motion was carried.

Resolved

That the Local Development Order for the Malton Food Enterprise Zone is adopted.

Voting Record

25 For

1 Against

2 Abstentions

Overview and Scrutiny Committee - 26 January 2017

Minute 78 - Appointment of the sector led body Public Sector Audit Appointments (PSAA) to appoint external audit services for Ryedale District Council from 1 April 2018

It was moved by Councillor Keal and seconded by Councillor Acomb that the following recommendations of the Overview and Scrutiny Committee be approved and adopted.

That Council be recommended that:

Ryedale District Council accepts Public Sector Appointments Ltd PSAA) invitation to 'opt in' to the sector led option for the procurement of external auditors for a maximum of five financial years starting 1 April 2018.

Delegation be given to the Resources and Enabling Lead (s151) Officer to undertake the necessary steps to ensure the appointment of PSAA is made by 9 March 2017.

Upon being put to the vote the motion was carried.

Resolved

That:

Ryedale District Council accepts Public Sector Appointments Ltd PSAA) invitation to 'opt in' to the sector led option for the procurement of external auditors for a maximum of five financial years starting 1 April 2018.

Delegation be given to the Resources and Enabling Lead (s151) Officer to undertake the necessary steps to ensure the appointment of PSAA is made by 9 March 2017.

Voting Record

26 For

2 Abstentions

Corporate Governance Standards Sub-Committee - 9 February 2017

Minute 4 - Monitoring Officer's Report Regarding Complaint Alleging Breach Of The Members' Code Of Conduct

The Council had before it five  recommendations including  sanctions and improvement of procedures  from the  Corporate Governance Standards Sub-Committee meeting on 9 February 2017 resulting from the hearing of a code of conduct complaint against Councillor Raper . The complaint was about Councillor Raper voting twice on two votes at the Council meeting on 8 December 2016.

Council was presented with the minutes of the Sub-Committee meeting at pages 269 - 272  of the Council agenda .  The minutes gave details of the finding of facts, the breach of  the code and the recommendations to Council on  sanctions and improvement of procedures. Council was only  being asked to consider the recommendations on sanctions and improvement of procedures from the Sub-Committee.

1. Councillor Keal moved the following censure motion which was seconded by Councillor Acomb as recommended by the Corporate Governance Standards Sub-Committee meeting on 9 February 2017.

"Council is aware that Councillor John Raper voted using two electronic voting units, on two occasions, during the meeting of Full Council on 8 December 2016. 

Council notes that  ...  view the full minutes text for item 76.

There being no other business, the meeting closed at 10.20 pm.