Agenda and minutes

Council - Thursday, 6th July, 2017 6.30 pm

Venue: Council Chamber, Ryedale House, Malton

Contact: Simon Copley  277

Recording: Listen to the recording

Items
No. Item

16.

Apologies for absence

Minutes:

Apologies for absence were received from Councillors Paul Andrews, Hope and Thornton.

17.

Public Question Time

Minutes:

The following public question was submitted by David Summers:

 

"The North Yorkshire Building Control Partnership have Investors in People Gold Standard.  The District Council were accredited with Investors in People for a number of years, however it would appear that the Council is no longer able to claim Investors in People accreditation.  My question therefore is when and why did this accreditation cease?"

 

The Chairman thanked Mr Summers for his question and replied:

 

"The accreditation to Investors in People ceased in July 2016. This is because the Investors in People standard changed and the Head of Paid Service decided to take a break From IiP accreditation for the period of transformation and until the new standard had time to be established."

 

Mr Summers then asked a supplementary question:

 

"The Investors in People reassessment was due in August 2016 and was cancelled by the District Council in the full knowledge that this would result in the organisation no longer being recognised by Investors in People.  Was the inspection cancelled because senior management was concerned that the reassessment would reveal the extensive alleged bullying that has been ongoing within this organisation over a number of years?"

 

The Chairman replied:

 

"No it wasn't - that's not the reason why it was cancelled."

18.

Minutes

To approve as a correct record the minutes of the Ordinary Meeting of Council held on 6 April 2017 and the Extraordinary Meeting of Council held on 18 May 2017.

Supporting documents:

Minutes:

The minutes of the Ordinary Meeting of Council held on 6 April 2017 were presented.

 

Resolved

 

That the minutes of the Ordinary Meeting of Council held on 6 April 2017 be approved and signed by the Chairman as a correct record.

 

The minutes of the Extraordinary Meeting of Council held on 18 May 2017 were presented.

 

Resolved

 

That the minutes of the Extraordinary Meeting of Council held on 18 May 2017 be approved and signed by the Chairman as a correct record.

19.

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 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).

20.

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 Val Arnold, Goodrick and Sanderson declared personal non-pecuniary but not prejudicial interests as members of North Yorkshire County Council.

 

Councillor Bailey declared a personal non-pecuniary but not prejudicial interest in agenda item 10 (Notices on Motion), in relation to the Joint Minerals and Waste Plan motion, as the chairman of the North York Moors National Parks Authority.

 

Councillor Burr declared a personal non-pecuniary but not prejudicial interest in agenda item 9, Policy and Resources Committee minute 7 (Business Rates Discretionary Rate Relief Policy), as she pays small business rates.

21.

Announcements

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

Minutes:

The former Chairman, Councillor Gardiner, presented each of his charities, the Yorkshire Air Ambulance and Ryedale Charities Together, with a cheque for £2,224.79.  He also thanked Kirkbymoorside Brass Band for their help running his Band Night, which had been a major event contributing to the charities.

 

The Chairman made the following announcements:

·         That the Council had been on the shortlist for the most improved Council at the Municipal Journal (MJ) Awards, being chosen as runner up with a high commendation;

·         That he had attended the reopening of Huttons Ambo Village Hall, for which the new curtains had been funded from the community grants scheme;

·         That he had been getting out into the community, with invitations to lots of events following an email circulated to schools.  He recounted that young people were thinking about politics and government, as evidenced by a question he had received on how the County, District and Town Councils could work together more effectively.

22.

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

From Councillor Joy Andrews to the Chair of Overview and Scrutiny:

 

Could you please update the council on the proceedings of the Overview and Scrutiny Committee.

 

From Councillor Clark to the Chair of Policy and Resources:

 

In view of your questionable decision not to allow Councillor Potter questions at Policy and Resources could you please inform council:

            i.          Which organisations are associated with iese referred to in                           Policy and Resources (15/06/17)?

            ii.         a) Which of these companies have done work for RDC?

                        b) Have you examined the tendering process?

            iii.        How much has been spent with each organisation?

            iv.        What work has been done so far?

            v.         What commitments have already been given for future work and                 payments?

 

From Councillor Potter to the Chair of Policy and Resources:

 

In view of your questionable decision not to allow questions to officers at Policy and Resources could you please produce for all councillors:

            i.          All charges for services over each of the last 6 years

            ii.         The calculation and hence justification for increasing charges for               any services by an inflation busting 5.4%

Minutes:

1.         Councillor Joy Andrews submitted the following question:

To Councillor Clark, Chair of Overview and Scrutiny:

Could you please update the council on the proceedings of the Overview and Scrutiny Committee."

 

The Chair of Overview and Scrutiny, Councillor Clark replied

"I was going to now still be in the position of having to point out that I was hoping that the Scrutiny Committee's main topic would be looking into bullying but as we have that later on the agenda, I don't think there's any point in dwelling on that too long. Other than to make the general point that I would make after that debate and, if it goes the way I suspect it will go, is that it is something that we have to look into very very seriously. We have to look into it because we need to know whether it's happening. The staff survey shows that it may well be. We need to know which parts of the Council in which it is happening. We need to know if people are being accused of bullying and aren't bullies. So it's a very large piece of work to be doing. I'm delighted to be Chairing the Committee that is liable to be looking into it but I don't think that we can expect a quick result out of it. I realise that I want to save other things for the debate but as the Chair I'll be delighted to look into it. The other issue that came out of that meeting, we looked at air quality, which I hope now goes below looking into the bullying one and the third one was dog fouling  and that is changing the way it is handled in the Council, if that's the right phrase for it, and on that basis I'm hoping that's dealt with number three. The other issue that was raised in the meeting is the question, we still appear in Ryedale to be able to have sewage in a street in a village and it's not been unknown in other parts of Ryedale and they're asking us to which organisations deal with the sewage - not what causes it - this Council's done flooding with others to great depth. But what happens when there is sewage in the street, who deals with it, how's it disinfected etc. and on that basis if anybody has any incidence of sewage arriving in Ryedale, please let the Scrutiny Committee know."

 

2.         Councillor Clark submitted the following question:

To Councillor Ives, Chair of Policy and Resources:

"In view of your questionable decision not to allow Councillor Potter questions at Policy and Resources could you please inform council:

            i.          Which organisations are associated with iese referred to in                             Policy and Resources (15/06/17)?

            ii.         a) Which of these companies have done work for RDC?

                        b) Have you examined the tendering process?

            iii.        How much has been spent with each organisation?

            iv.        What work has been done so far?

            v.         What commitments have  ...  view the full minutes text for item 22.

23.

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

Policy & Resources Committee - 15 June 2017

 

Minute 6 - Budget Strategy 2018/19 (page 23)

 

Minute 7 - Business Rates Discretionary Rate Relief Policy (page 39)

 

Supporting documents:

Minutes:

Policy & Resources Committee - 15 June 2017

 

Minute 6 - Budget Strategy 2018/19

 

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

 

That Council be recommended to approve the following strategy for the preparation of the 2018/19 budget

 

(i)   Proposals to be brought forward for a £5 increase in Council tax;

 

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

 

(iii) Efficiencies to be maximised;

 

(iv) The use of New Homes Bonus in line with the revised medium term financial plan;

 

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

 

(vi) That the Council ceases the special levy arrangement for street lighting in Malton, Norton and Pickering Rural with effect from 1st April 2018.

 

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

 

To insert after (ii):

"(iii) A budget to be produced based on both 1% pay inflation and 3.3% pay inflation."

(and renumber thereafter.)

 

Upon being put to the vote the amendment was lost.

 

Recorded vote

For - Councillors Joy Andrews, Burr, Clark, Jowitt, Keal, Potter and Shields.

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

Abstention - Councillors Acomb and Farnell

 

An amendment was moved by Councillor Ives and seconded by Councillor Steve Arnold:

 

Add the following provision:

"Green waste charges will be frozen at the price of £38."

 

Upon being put to the vote the amendment was carried.

 

Voting Record

24 For

2 Against

0 Abstentions

 

An amendment was moved by Councillor Ives and seconded by Councillor Steve Arnold:

 

"Amend the financial plan to take into account that no decisions regarding the review of Council assets be taken in the 2017 calendar year."

 

Upon being put to the vote the amendment was carried.

 

Voting Record

12 For

11 Against

2 Abstentions

 

[Councillor Jainu-Deen then left the meeting.]

 

Upon being put to the vote the motion was carried.

 

Resolved

 

That Council approve the following strategy for the preparation of the 2018/19 budget

 

(i)   Proposals to be brought forward for a £5 increase in Council tax;

 

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

 

(iii) Efficiencies to be maximised;

 

(iv) The use of New Homes Bonus in line with the revised medium term financial plan;

 

(v)  Options for service cuts to be provided if necessary. These proposals to be considered by the Resources Working Party and  ...  view the full minutes text for item 23.

24.

Notices on Motion Submitted Pursuant to Council Procedure Rule 11

1.         Proposed by Councillor Burr and seconded by Councillor Paul Andrews         and deferred from the Extraordinary Meeting on 18 May 2017.

 

Bearing in mind that

 

·        the Council has sent its comments on the Joint Minerals and Waste Plan (JMWP) and these comments include a request to exclude the Vale of Pickering and the Yorkshire Wolds from the area where fracking is to be permitted;

·        the potential developers are challenging the requirement in the JMWP to keep AONB's and National Parks free from fracking by seeking to amend the definition of fracking in the JMWP;

·        fracking will completely industrialise the areas where it is allowed;

·        RDC has no planner with experience in mineral planning on its payroll,

 

This Council resolves to task Officers with the preparation of a brief for consultants to represent the Council at the JMWP Examination in Public. This will help to gauge the availability of consultants and the level of potential cost. The brief shall be drafted by the Head of Planning and will be consistent with the representations made by this Council to the Plan. The brief will be agreed in consultation with group leaders. It is also resolved that the Head of Planning, in consultation with group leaders be given authority to appoint suitable consultants.

 

[A report from the Monitoring Officer on the implications of the above notice on motion is included on the agenda as requested at the Extraordinary Meeting of Council on 18 May 2017.]

 

2.         Proposed by Councillor Ives and Councillor Steve Arnold

 

In view of the results of the recent Staff Survey, which was instigated by the Staff Champion, this Council asks the Overview & Scrutiny Committee to conduct a full investigation into the seriously worrying indication of the bullying of employees within Ryedale District Council and to establish whether full Council has previously been misled on this matter.

 

Officers will comply with all requests for information that the Committee makes in relation to the investigation.  A budget of £10,000 will be provided - if required - to the Committee in order to conduct the investigation and procure expert assistance, which will be funded using general reserves.

 

The Overview & Scrutiny Committee will report to full council as a matter of urgency.

Supporting documents:

Minutes:

1.     At the Extraordinary Meeting of Council on 18 May 2017 the following motion had been moved by Councillor Burr and seconded by Councillor Paul Andrews:

 

"Bearing in mind that

 

·         the Council has sent its comments on the Joint Minerals and Waste Plan (JMWP) and these comments include a request to exclude the Vale of Pickering and the Yorkshire Wolds from the area where fracking is to be permitted;

·         the potential developers are challenging the requirement in the JMWP to keep AONB's and National Parks free from fracking by seeking to amend the definition of fracking in the JMWP;

·         fracking will completely industrialise the areas where it is allowed;

·         RDC has no planner with experience in mineral planning on its payroll,

 

This Council resolves to task Officers with the preparation of a brief for consultants to represent the Council at the JMWP Examination in Public. This will help to gauge the availability of consultants and the level of potential cost. The brief shall be drafted by the Head of Planning and will be consistent with the representations made by this Council to the Plan. The brief will be agreed in consultation with group leaders. It is also resolved that the Head of Planning, in consultation with group leaders be given authority to appoint suitable consultants."

 

A report from the Monitoring Officer on the implications of the above notice on motion was included on the agenda as requested at the Extraordinary Meeting of Council on 18 May 2017.

 

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

 

Voting Record

6 For

16 Against

3 Abstentions

 

2.     It was moved by Councillor Ives and seconded by Councillor Steve Arnold

 

"In view of the results of the recent Staff Survey, which was instigated by the Staff Champion, this Council asks the Overview & Scrutiny Committee to conduct a full investigation into the seriously worrying indication of the bullying of employees within Ryedale District Council and to establish whether full Council has previously been misled on this matter.

 

Officers will comply with all requests for information that the Committee makes in relation to the investigation.  A budget of £10,000 will be provided - if required - to the Committee in order to conduct the investigation and procure expert assistance, which will be funded using general reserves.

 

The Overview & Scrutiny Committee will report to full council as a matter of urgency."

 

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

 

Voting Record

20 For

3 Against

2 Abstentions

 

[Councillors Burr, Cleary, Cowling, Farnell, Jowitt, Keal, Maud, Shields, Wainwright and Windress left the meeting.]

25.

Options for the Future Arrangements for the Post of Chief Executive and Possible Interim Arrangements

Minutes:

The Chief Executive tabled a report which set out options for the future arrangements for the post of Chief Executive and possible interim arrangements.

 

Councillor Ives moved and Councillor Steve Arnold seconded that the item be deferred.

 

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

 

Resolved

 

That the item be deferred.

 

Voting Record

14  For

0  Against

0  Abstentions

26.

Representation on Outside Organisations

To consider who will fill the vacancy left by the decision to not appoint a Council Leader on the following outside bodies:

 

·        Local Government North Yorkshire & York - Leader of Council

 

·        York, North Yorkshire and East Riding Local Enterprise Partnership Board (All Wards)  - Cllr L Cowling - inc.

Ø   Infrastructure Programme Board

Ø   Joint Committee

Ø   Spatial Planning and Transport Board

 

To consider who will fill the vacancy on North Yorkshire County Council - Ryedale Area Committee left by Councillor Goodrick becoming a County Councillor.

Minutes:

Council considered who would fill the vacancy left by the decision to not appoint a Council Leader on the following outside body:

 

·         Local Government North Yorkshire & York

 

Council was advised that there was no vacancy to fill on the following outside body, where Councillor Cowling remained the appointed representative:

 

·         York, North Yorkshire and East Riding Local Enterprise Partnership Board (All Wards) inc.

Ø  Infrastructure Programme Board

Ø  Joint Committee

Ø  Spatial Planning and Transport Board

 

Council also considered who would fill the vacancy on North Yorkshire County Council - Ryedale Area Committee left by Councillor Goodrick becoming a County Councillor.

 

Resolved:

 

              That the following representatives be appointed to outside bodies:

 

·         Local Government North Yorkshire & York - the Leader of Council or, if there is no Leader, the Chairman of the Policy and Resources Committee, with the Vice Chairman of the Policy and Resources Committee as substitute

·         North Yorkshire County Council - Ryedale Area Committee - Councillor Clark

27.

Any other business that the Chairman decides is urgent.

Minutes:

There being no other business, the meeting closed at 9.40pm.