Agenda and minutes

Apologies for absence were received from Councillors Mrs Hopkinson and Mrs Sanderson.  Apologies for late arrival were received from Councillor Legard.

The following question was submitted by Sue Cowan.

“Are the Chief Executive Officer of Ryedale District Council and the Legal Services Dept of Ryedale District Council confident that the members interests as compiled and published and the responses as given by Ryedale District Councillors are legally and morally sufficient to cover all situations that may give rise to attitudes in public perception of Ryedale District Council. This is for the absolute avoidance of doubt.”

The Chairman thanked Ms Cowan for her question and replied that:

“The Chief Executive and Monitoring Officer are satisfied that arrangements are in place to help establish high ethical standards at Ryedale District Council which exceeds the minimum standards set by many neighbouring local authorities.

Officers of the Council cannot speculate on what the public perception of ethical standards are at Ryedale District Council  which may or may not be reasonable.

Responsibility for completing the Register of Interest form is solely that of Members.

The Register of Members’ Interests shows what Members have disclosed.  The register may be updated by Members at any time to record or correct any change of circumstances or omissions .

The Localism Act 2011 abolished the previous standards regime and made provision for a new ethical framework which was adopted by the Authority at its May and July meetings last year.

Under the Localism Act 2011, Members must register and disclose ‘disclosable pecuniary interests’ as set out in the new regulations and detailed in the new Members’ Code of Conduct, but no wider, non-pecuniary, interests (eg membership of public and charitable bodies).

You are advised that all Members of Council had the benefit of a dispensation to participate in the Budget Council Meeting on 26 February 2013 even though they may have had a disclosable pecuniary interest or a personal pecuniary interest.  This is in accordance with well established practice in local government.

The requirements for disclosure of Members’ Interests at Ryedale District Council is greater than the minimum disclosure requirement under the Localism Act 2011 because it extends to personal pecuniary interests which are not DPI’s.

Members have received training to help them understand the declaration requirements and the new code of conduct.”

Ms Cowan then asked the following supplementary question:

“This is all about perception.  There is suddenly an undated registration from alteration yesterday.  When you become aware of a change, do you add it to the existing form and give the impression it was there a long while, or complete a new form?”

The Council Solicitor advised that the key point was that any change was registered and this could be done in two ways, either completion of the whole form again, which was 16 pages long and took some time, but may be necessary if there were a number of changes, or additions to one page.  Confirmation was given that the change referred to was the latter and was marked so it was clear when it was amended and was available for anyone  ...  view the full minutes text for item 213.

To approve as a correct record the minutes of the Ordinary Meeting of Council held on 10 January 2013 and the Budget Meeting of Council held on 26 February 2013 (to follow).

[Note: the written answers to supplementary questions from the Ordinary Meeting of Council held on 1 November 2012 are attached for information as requested on 10 January 2013.]

The minutes of the Ordinary Meeting of Council held on 10 January 2013 were presented.

It was requested that the written answers to supplementary questions appended to the minutes be amended to clarify who was giving the responses, and that this format also be adopted on future occasions.

Resolved

That the minutes of the Ordinary Meeting of Council held on 10 January 2013 be approved and signed by the Chairman as a correct record, subject to the following amendments:

(i)            The addition of Councillor Mrs Keal to the attendance list;

(ii)          To minute 192 (Announcements) to the word “February” to “April” in the final paragraph;

(iii)         To minute 194 (Questions on Notice) to change the word “that” to “them” in the last sentence of the first paragraph of Councillor Andrews’ concluding comments.

The minutes of the Budget Meeting of Council held on 26 February 2013 were presented.

Resolved

That the minutes of the Budget Meeting of Council held on 26 February 2013 be approved and signed by the Chairman as a correct record.

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 Knaggs declared a personal non-pecuniary but not prejudicial interest in agenda item 10 minute 114 (Ryedale Development Fund) as a member of the Board of the Local Economic Partnership.

Councillor Clark declared a personal non-pecuniary but not prejudicial interest in agenda item 10 minute 116 (Member Information and Communication) as a North Yorkshire County Councillor, who did not use County issued IT equipment.

Councillor Ives declared a personal non-pecuniary but not prejudicial interest in agenda item 10 minute 101 (Procurement of Leisure Services Contract) as a regular user of the Derwent Pool.

Councillor Ives declared a personal non-pecuniary but not prejudicial interest in agenda item 15 (Write Offs) as he did work for a debt collection company, although not one used by the Council.

Councillor Mrs Cowling declared a personal non-pecuniary but not prejudicial interest in agenda item 15 (Write Offs) as she was an occasional customer at one of the businesses named.

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

The Chairman made the following announcements:

The Chairman’s Charity Event, a Grand Kashmiri Buffet, to be held on 17 April 2013 at 6.30pm at the Jinnah Restaurant on the A64 Malton Road, Flaxton, with tickets costing £14.95 each.

The Civic Service to be held on 28 April 2013 at 2pm at All Saints, Foston, with the Archbishop of York preaching the sermon.  Invitations had been sent and replies were requested promptly.

On behalf of the Scrutiny Review Group, to request those Members who were representatives on outside bodies or Member Champions and who have not yet completed the survey to do so at the meeting, using the hard copy forms tabled.

From Cllr Wainwright to the Leader of Council

We (RDC) have spent almost £1million on the purchase and improvements to Harrison House.

What is the anticipated annual income for the site?

From Cllr Wainwright to the Leader of Council

At the Full Council meeting this time last year we approved increased funding for Community Leisure subject to their regular financial reports being submitted to the Commissioning Board.

In a reply given to me by Councillor Fraser at the Full Council meeting in September  2012 we were told “ Quarterly reporting is now in place and the first quarter report will go to the Commissioning Board imminently”

Did this happen?  

Has the second quarterly report been to the Commissioning Board?

If not why not?

From Cllr Woodward to the Leader of Council

Could the Leader of Council please confirm that the tories have voted to fund all CCTV in all towns?

1.         Councillor Wainwright submitted the following question:

To Councillor Mrs Cowling, Leader of the Council:

“We (RDC) have spent almost £1million on the purchase and improvements to Harrison House.

What is the anticipated annual income for the site?”

The Leader of the Council, Councillor Mrs Cowling replied

“The ‘old’ part of the building will be occupied by RVA and CAB, they pay rent which is offset by grant from RDC, in total £23,100. The remaining ‘newer’ part is being marketed with tenants being sought when the works to the building are complete. The estimated rental value of this newer part is around £32,500.  These rental figures do not include any allowance for the parking area of 35 spaces to the rear of the building.”

Councillor Wainwright asked the following supplementary question:

“I understand that the contract to undertake the improvement work has been awarded to a local construction company.  When I visited the site on Saturday, no work was underway.  When will the work start, when will it be completed, when will tenants occupy the building, when will RVA and CAB transfer, and is it true that the rent of £23,1000 that they will pay is the same sum as the grant we give them?”

Councillor Mrs Cowling replied:

“The work will be underway imminently; there has been difficulty with Network Rail in obtaining formal scaffolding consent.

The works have a 12-14 week contract period and include several larger items such as a new entrance, installing a lift as well as exterior works.

The site will be formally marketed when the works are nearing completion. We have had some interest already, however the prospective tenants want to see the building complete.

It is expected that RVA and CAB will move in during July/August. RVA were on site this week and told this date and we are informing CAB. We have kept both aware of the timetable and put in place arrangements to facilitate a smooth transition for them.  It is true that the grant we give to them is the same amount as the rent.”

2.         Councillor Wainwright submitted the following question:

To Councillor Mrs Cowling, Leader of the Council:

“At the Full Council meeting this time last year we approved increased funding for Community Leisure subject to their regular financial reports being submitted to the Commissioning Board.

In a reply given to me by Councillor Fraser at the Full Council meeting in September  2012 we were told “Quarterly reporting is now in place and the first quarter report will go to the Commissioning Board imminently”

Did this happen?  

Has the second quarterly report been to the Commissioning Board?

If not why not?”

The Leader of the Council, Councillor Mrs Cowling replied

“The Council has received quarterly reports and officers have met with CLL to discuss them during the year. I, as the Chairman of the Commissioning Board has also received a copy of the reports, as has Councillor Fraser in his role as  ...  view the full minutes text for item 218.

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

“Well this is my first Leader’s Statement and I have to say I've been very nervous about doing it. I've been very busy, so have been very last minute with it and no - I haven't got written copies on all your seats. This meeting is recorded and if you wish to have written copies, I'm sure you can after the meeting.

We've recently set our budget for the next year and I think that most of the Council are really relieved that we've been able to set a balanced budget again. We've not had to increase Council Tax and that's for the fourth year running that we've not had to increase Council Tax. We've made no compulsory redundancies and in the New Homes Bonus for 2013/14 we have £708,000 to spend. A lot of other Councils would kill to be in the same position that we're in - to have a balanced budget and not to have used the New Homes Bonus to achieve that. But it is not a time to rest on our laurels. We've a very difficult financial settlement coming in 2015/16 and we shall have to make a lot of savings, probably up to £700,000 and I don't begin to pretend that's going to be easy. The Resources Working Party of this Council will meet on Monday (11/03/13) to try and set this in motion.

Recently some Members of this Council met with the Local Youth Council and it was a really nice meeting and was so interesting. We did some collages which I've forgotten to bring here - I meant to bring them in - and the young people were showing us what they thought was important in Ryedale. It was really interesting to see how their priorities fit in with the priorities of this Council. I will make sure that those collages are displayed in here for you.

My next item on my first Leaders Statement is to say a big thank you to you - Councillor Lindsay Burr - because I think you've been very instrumental in getting Malton Minor Injuries Unit kept open. I'm very grateful for the work you've done on that. However, it is going to remain closed in the evening and I believe our Chief Executive has sent out an email round all of the Councillors, which contains the consultation that you've been asked to fill in and if you could all return that, that would be good and we may even be able to get extended the hours that it will be open.

There was another bit of news on the health front today. The Leeds LGI were successful in overturning the decision to close the Children’s (Heart) Unit there. I won't say that that's written in tablets of stone there but I believe the decision will be reconsidered. It was good interim news there I thought.

The thing that has pleased me most in  ...  view the full minutes text for item 219.

Policy and Resources Committee – 14 February 2013

Minute 114 – Ryedale Development Fund (page 27)

Minute 115 – Committee Responsibility for Planning Policy Recommendations (page 27)

Minute 116 – Member Information and Communication (page 28)

Commissioning Board – 28 February 2013

Minute 101 – Procurement of Leisure Services Contract (to follow)

Policy and Resources Committee – 14 February 2013

Minute 114 – Ryedale Development Fund

It was moved by Councillor Acomb and seconded by Councillor Ives that the following recommendations of the Policy and Resources Committeebe approved and adopted.

That Council is recommended to approve that:

(i)         RDF funding be allocated for the following:

a)            Ryedale Employment Initiative £150K

b)            RDC Apprentice Scheme £100K

c)            Ryedale Business and Skills Initiative £20K

d)            Ryedale Major Projects £100k;

(ii)        the distribution of funds under the ‘Ryedale Employment Initiative’ be made by the Council following an assessment of applications by the Policy and Resources Committee;

(iii)       that the RDC apprentice scheme (subject to further detailed information being placed before this committee at its next meeting) and ‘Ryedale Business’ and ‘Skills Initiative’ as outlined in the report be implemented; and

(iv)       RDF funding towards the development of ‘Ryedale Major Projects’ be considered through a report to a future meeting of the Policy and Resources Committee, with a recommendation to Council.

Councillor Mrs Goodrick moved and Councillor Mrs Knaggs seconded the following amendment:

To delete the words “(subject to further detailed information being placed before this committee at its next meeting)”.

On being put to the vote, this amendment was carried.

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

Resolved

That Council approve that:

            (i)         RDF funding be allocated for the following:

a)            Ryedale Employment Initiative £150K

b)            RDC Apprentice Scheme £100K

c)            Ryedale Business and Skills Initiative £20K

d)            Ryedale Major Projects £100k;

(ii)        the distribution of funds under the ‘Ryedale Employment Initiative’ be made by the Council following an assessment of applications by the Policy and Resources Committee;

(iii)       that the RDC apprentice scheme and ‘Ryedale Business’ and ‘Skills Initiative’ as outlined in the report be implemented; and

(iv)       RDF funding towards the development of ‘Ryedale Major Projects’ be considered through a report to a future meeting of the Policy and Resources Committee, with a recommendation to Council.

Minute 115 – Committee Responsibility for Planning Policy Recommendations

It was moved by Councillor Acomb and seconded by Councillor Mrs Goodrick that the following recommendations of the Policy and Resources Committeebe approved and adopted.

That Council be recommended to approve:

The changes to the Constitution outlined in Annex A to transfer responsibility for making recommendations to Council on Planning Policy from the Policy and Resources Committee to the Planning Committee.

Councillor Clark proposed and Councillor Woodward seconded an amendment to refer the matter to the Policy and Resources Committee and the Planning Committee for further examination. 

On being put to the vote, this amendment was lost.

Recorded Vote

For

Councillors Andrews, Mrs Burr, Clark, Mrs Keal, Maud, Richardson, Mrs Shields, Walker, Ward and Woodward

Against

Councillors Arnold, Bailey, Mrs Cowling, Cussons, Mrs Frank, Mrs Goodrick, Hicks, Hope, Ives, Knaggs, Raper, Wainwright and Windress

Abstentions

Councillors Acomb, Fraser, Hawkins, Mrs Knaggs and Legard.

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

Recorded Vote

For

Councillors Acomb, Arnold, Bailey,  ...  view the full minutes text for item 220.

Proposed by Councillor Clark and seconded by Councillor Woodward

So as to comply with the policies of this Council

In reference to the following planning applications/ plots of land

i.              Land to the east of No.8 East Terrace, Wombleton, Kirkbymoorside

ii.             Land at Hillside Way, West Lutton, Malton

iii.            Land east of No.7 Risewood, Gate Helmsley, Sand Hutton

iv.            Land adjacent to Red House, Salents Lane, Duggleby, Malton

v.             Land adjacent to 8 East Bank Main Road, Weaverthorpe, Malton

Each of these sites to be treated as Exception Sites.  The result to be that the housing built is affordable for local needs.

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

So as to comply with the policies of this Council

In reference to the following planning applications/ plots of land

i.              Land to the east of No.8 East Terrace, Wombleton, Kirkbymoorside

ii.             Land at Hillside Way, West Lutton, Malton

iii.            Land east of No.7 Risewood, Gate Helmsley, Sand Hutton

iv.            Land adjacent to Red House, Salents Lane, Duggleby, Malton

v.             Land adjacent to 8 East Bank Main Road, Weaverthorpe, Malton

Each of these sites to be treated as Exception Sites.  The result to be that the housing built is affordable for local needs.

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

Recorded Vote

For

Councillors Andrews, Clark, Mrs Keal, Richardson, Mrs Shields, Walker, Ward and Woodward

Against

Councillors Acomb, Arnold, Bailey, Mrs Cowling, Cussons, Mrs Frank, Fraser, Mrs Goodrick, Hope, Raper and Wainwright

Abstentions

Councillor Legard.

Councillor Mrs Cowling then moved and Councillor Arnold seconded the suspension of Standing Order 8.1 to allow the meeting to continue beyond 10pm.  On being put to the vote, this motion was carried.

The Council Solicitor submitted a report (previously circulated) which recommended to Council the appointment of an Independent Remuneration Panel to make recommendations about the allowances to be paid to Councillors.

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

Resolved

       That Council approves:

(i)      that an Independent Remuneration Panel be established in accordance with the Local Authorities (Members’ Allowances) (England) Regulations 2003;

(ii)      that Ms Gill Baker, Mr John Richardson and Mr Colin Langley be appointed to serve on the Independent Remuneration Panel;

(iii)     the Term of Office for Members of the Panel be until 8 March 2018;

(iv)     that an allowance of £20 be payable for each meeting; and

(v)     the Constitution be updated accordingly.

To appoint substitutes from the Liberal Democrat Group to the following Committees:

Planning Committee – one substitute

Commissioning Board – two substitutes

Policy and Resources Committee – one additional substitute

            Resolved

That substitutes from the Liberal Democrat Group be appointed to the following Committees:

Planning Committee – Councillor Mrs Keal

Commissioning Board – Councillors Mrs Burr and Mrs Shields

Policy and Resources Committee – Councillor Mrs Keal (in addition to the current substitute)

To consider a resolution to exclude the press and public from the meeting during consideration of the following item:

15 (Write Offs) as provided by paragraph 1 of Schedule 12A of Section 100A of the Local Government Act 1972.

As the information provided relates to individuals.

Resolved      

That under Section 100(A)(4) of the Local Government Act 1972 that the public be excluded from the meeting for the following item as there will be a likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A of the Act as the information provided relates to individuals.

Documentation to be distributed at the meeting.

Resolved      

That the write offs set out in the Schedule of Council Tax and Business Rate Accounts be approved.

There being no other business, the meeting closed at 10.10pm.