Agenda and minutes

Apologies for absence were received from Councillors Burr, Hope, Graham, Goodrick, King, Raine, Riby, Thackray and Windress.

To approve as a correct record the minutes of the Ordinary Meeting of Full Council held on 29 June 2022.

The minutes of the Ordinary Meeting of Council held on 29 June 2022 were presented.

Resolved

That the minutes of the Ordinary Meeting of Council held on 29 June 2022 be approved and signed by the Chair as a correct record.

To receive notice of any urgent business which the Chair 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.

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.

Councillors J Andrews, Duncan and Mason declared a personal non-prejudicial and non pecuniary interest as members of North Yorkshire County Council.

Councillor Mason declared a pecuniary interest in Item 11B as he was the owner of a company with contracts in the sustainable energy industry.

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

There were no announcements.

There were no questions on notice.

It was moved by Councillor Wass and seconded by Councillor Oxley that recommendations i – iii be approved and that by a Motion without Notice that;

“No further reports on the Allocation of Seats on Committees between Political Groups and the Appointment of Members to Committees be brought to Council, should there be further changes in the membership of the Council.”

Voting record

15 For

1 Abstention

It was moved by Councillor Middleton and seconded by Councillor Docwra that Councillor Oxley be elected as Vice Chair of the Overview and Scrutiny Committee.

Voting record

Carried by general affirmation

It was moved by Councillor Wass and seconded by Councillor Keal that recommendation vi be approved.

Voting record

Unanimous

Resolved

      i.        That the size of the Committees is that specified in Annex A of the report

     ii.        That the Council divides Committee seats between political groups in accordance with the allocation shown at Annex A of the report

    iii.        Membership of the Committees shown at Annex B be amended to reflect that shown at Annex A of the report

   iv.        No further reports on the Allocation of Seats on Committees between Political Groups and the Appointment of Members to Committees be brought to Council, should there be further changes in the membership of the Council.

     v.        That Councillor Oxley be elected the Vice-Chair of the Overview and Scrutiny Committee

   vi.        That the Chief Executive in consultation with the Head of Corporate Governance and Monitoring Officer be authorised to make consequential amendments to the Constitution arising from the changes referred to above

Please note: Due to further progress on Devolution proposals during the course of the last month, the attached report is different to that considered at the Policy and Resources Committee held on 25 August 2022.

James Farrar of the LEP will be in attendance.

It was moved by Councillor Arnold and seconded by Councillor Docwra that:

Council be recommended to note and support the steps being taken by the City of York Council and North Yorkshire County Council (the two Constituent Councils) towards the creation of a Combined Authority for York and North Yorkshire as set out in the report and in particular to note:

a)     the ‘minded’ to Devolution Deal at Appendix 1; and

b)     the Governance Review at Appendix 2; and

c)      the Scheme which has been prepared for consultation at Appendix 3

Councillor P Andrews proposed and Councillor Clark seconded an amendment to delete the words “and support” from the recommendation as follows;

Council be recommended to note the steps being taken by the City of York Council and North Yorkshire County Council …

Upon being put to the vote the amendment was lost.

Voting record

6 For

9 Against

1 Abstention

Recorded vote

For: Councillors J Andrews, P Andrews, Clark, Cussons, Potter and Wass

Against: Councillors Arnold, Cleary, Docwra, Duncan, Frank, Keal, Mackenzie, Middleton and Oxley

Abstention: Councillor Mason

Upon being put to the vote the motion was carried.

Resolved

Council notes and supports the steps being taken by the City of York Council and North Yorkshire County Council (the two Constituent Councils) towards the creation of a Combined Authority for York and North Yorkshire as set out in the report and in particular to note:

a)     the ‘minded’ to Devolution Deal at Appendix 1; and

b)     the Governance Review at Appendix 2; and

c)      the Scheme which has been prepared for consultation at Appendix 3

Voting record

11 For

2 Against

3 Abstentions

It was moved by Councillor Keal and seconded by Councillor Middleton that the following recommendation be approved (Minute 34 Policy and Resources Committee 25 August 2022);

      i.        Council approves the preference for allocation of CIL funding through a new scheme with a broader eligibility framework that would cover a range of community infrastructure schemes such as those identified in the appendices to the report.

     ii.        Members approve the development of CIL Funding Protocol (including an Expression of Interest stage, scheme eligibility / criteria and final application process) for determining eligible CIL funded schemes and the allocation of these funds in line with the proposal set out at s6.8 to 6.15, with delegated authority given to the Director of Place and Resources, the S151 officer and Chair of Policy & Resources to approve the protocol.

    iii.        The CIL funding available to be allocated as a result of this paper should not exceed the current CIL funds received to date with any existing commitments upheld and the total amount available for allocating reduced accordingly. Any CIL funds received after this time will be subject to further agreement by Members; and

   iv.        Delegated authority is given to the Director of Place and Resources in consultation with the S151 officer and Chair of Policy & Resources to approve CIL funding applications following consultation with a CIL focussed grants working party. Further information be provided to Council regarding the CIL focussed grants working party.

The Chair explained that an email had been sent to the Chief Executive and the Chair of Policy and Resources Committee from Richard Flinton, Chief Executive of North Yorkshire County Council and Councillor Les, Leader of North Yorkshire County Council regarding this matter. This had been shared with him and Group Leaders in advance of the meeting. The email, attached to these minutes, was subsequently distributed at the meeting with time given for all councillors present to consider the content. The email outlined North Yorkshire County Council’s concerns regarding the proposed procedure and qualifying criteria for applications for CIL funding.

Upon being put to the vote the motion was carried.

Resolved

That Council approves;

(i)  The preference for allocation of CIL funding through a new scheme with a broader eligibility framework that would cover a range of community infrastructure schemes such as those identified in the appendices to the report.

(ii) Members approved the development of CIL Funding Protocol (including an Expression of Interest stage, scheme eligibility / criteria and final application process) for determining eligible CIL funded schemes and the allocation of these funds in line with the proposal set out at s6.8 to 6.15, with delegated authority given to the Director of Place and Resources, the S151 officer and Chair of Policy & Resources to approve the protocol.

(iii) The CIL funding available to be allocated as a result of this paper should not exceed the current CIL funds received to date with any existing commitments upheld and the total amount available for allocating reduced accordingly. Any CIL funds received after  ...  view the full minutes text for item 34a

To consider a resolution to exclude the press and public from the meeting during consideration of the following item 11c (Proposal for Light Industrial Starter Units) as provided by paragraph 3 of Schedule 12A of Section 100A of the Local Government Act 1972, as the information relates to the financial or business affairs of any particular person (including the authority holding that information).  

The public interest test has been considered and, in all the circumstances of the case, the public interest in maintaining the exemption is considered to outweigh the public interest in disclosing the information.

It was proposed by Councillor Frank and seconded by Councillor P Andrews that the following recommendation be approved(Minute 37 Policy and Resources Committee 25 August 2022);

To exclude the press and public from the meeting for discussion of the following item 17 (Proposal for Light Industrial Starter Units) as provided by paragraph 3 of Schedule 12A of Section 100A of the Local Government Act 1972, as it contains information relating to the financial or business affairs of any particular person (including the authority holding that information).

Resolved

To exclude the press and public from the meeting for discussion of the following item 17 (Proposal for Light Industrial Starter Units) as provided by paragraph 3 of Schedule 12A of Section 100A of the Local Government Act 1972, as it contains information relating to the financial or business affairs of any particular person (including the authority holding that information).

The public interest test was considered and, in all the circumstances of the case, the public interest in maintaining the exemption was considered to outweigh the public interest in disclosing the information.

Voting Record

Carried by general affirmation

Urgent update – An Addendum on the financial risks of the project will follow.

It was moved by Councillor Keal and seconded by Councillor Clark that that the following recommendation be approved (Minute 38 Policy and Resources Committee 25 August 2022);

 i.    The funding allocation previously approved for investment in light industrial starter units at Pickering is increased to £EXEMPT;

ii.   A waiver of Contract Standing Order is granted to enable a direct award to the Developer, via an appropriate Framework Contract, for the acquisition of Starter Units all as set out in this report;

iii.   Delegated approval is confirmed for the Programme Director for Place and Resources, in consultation with the S.151 Officer and the Chair of the Policy and Resources Committee to

a)     Negotiate and agree terms for the acquisition of Starter Units, as set out in the report

b)     Enter into a contract (or contracts) with the Developer for the acquisition of the Starter Units on the terms agreed.

Councillor J Andrews moved and Councillor Cleary seconded the following amendment;

“As a fallback position in case the project budget approved by Council is not supported by the Section 24 process, the following further recommendations be approved by Council:

iv.  Delegated approval is confirmed for the Programme Director for Place and Resources, in consultation with the S.151 Officer and the Chair of the Policy and Resources Committee to:

1.      Negotiate and agree terms for the acquisition of a scaled back Starter Unit scheme for a suitably reduced budget

2.      Undertake the necessary financial assessments and request the necessary Section 24 approval

3.      Enter into a contract or contracts with the developer for the acquisition of the Starter Units on the terms agreed”

Upon being put to the vote the amendment was carried by general affirmation.

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

Resolved

 i.    The funding allocation previously approved for investment in light industrial starter units at Pickering be increased to £EXEMPT;

ii.   A waiver of Contract Standing Order be granted to enable a direct award to the Developer, via an appropriate Framework Contract, for the acquisition of Starter Units all as set out in the report;

iii.   Delegated approval be confirmed for the Programme Director for Place and Resources, in consultation with the S.151 Officer and the Chair of the Policy and Resources Committee to

a)  Negotiate and agree terms for the acquisition of Starter Units, as set out in the report

b)  Enter into a contract (or contracts) with the Developer for the acquisition of the Starter Units on the terms agreed.

  iv.As a fallback position, in case the project budget approved by Council is not supported by the Section 24 process, the following further recommendations be approved by Council:

a)  Delegated approval be confirmed for the Programme Director for Place and Resources, in consultation with the S.151 Officer and the Chair of the Policy and Resources Committee to:

1.   Negotiate and agree terms for the acquisition of a scaled back Starter Unit scheme for a suitably reduced budget

2.   Undertake the necessary financial assessments  ...  view the full minutes text for item 34c

That Council enter into negotiations with Fitzwilliam Malton Estate (FME) to sell Wentworth Street Car Park to FME, subject to the use being restricted to car parking only and the sale price to be approved by the District Valuer.

Councillor P Andrews proposed and Councillor Burr seconded the following Motion;

That Council enter into negotiations with Fitzwilliam Malton Estate (FME) to sell Wentworth Street Car Park to FME, subject to the use being restricted to car parking only and the sale price to be approved by the District Valuer.

Resolved

That the Motion be referred to the next available meeting of the Policy and Resources Committee as instructed by the Constitution.

Given the clear evidence that climate change is real, man made, largely created by the exploiting and burning of fossil fuels and adversely impacting the world right now, this council resolves to actively oppose the creation of any new source of fossil fuels in the district. This to include drilling and hydraulic fracturing (fracking) for oil or gas.

Councillor J Andrews proposed and Councillor Clark seconded the following Motion;

Given the clear evidence that climate change is real, man made, largely created by the exploiting and burning of fossil fuels and adversely impacting the world right now, this Council resolves to actively oppose the creation of any new source of fossil fuels in the district. This to include drilling and hydraulic fracturing (fracking) for oil or gas.

This Motion would ordinarily be referred to the next available meeting of the Policy and Resources Committee but, as permitted in the Constitution, Councillor Potter proposed and Councillor P Andrews seconded that the Motion be debated at this meeting.

Resolved

That the Motion be debated at this Extraordinary Council meeting.

Voting record

7 For

7 Against

Chair’s casting vote – For

Upon being put to the vote the motion was carried.

Resolved

Given the clear evidence that climate change is real, man made, largely created by the exploiting and burning of fossil fuels and adversely impacting the world right now, this Council resolves to actively oppose the creation of any new source of fossil fuels in the district. This to include drilling and hydraulic fracturing (fracking) for oil or gas.

Voting record

9 For

1 Against

4 Abstentions

Recorded vote

For: Councillors J Andrews, P Andrews, Clark, Cussons, Docwra, Frank, Keal, Potter and Wass

Against: Councillor Middleton

Abstentions: Councillors Arnold, Cleary, Duncan and Mackenzie

Discussion item only.

This item on the Use of Urgency Powers was included at the request of Councillor Duncan. There was no report or decision required for this Item.

The Monitoring Officer advised that the use of Urgency Powers was in accordance with the Constitution and had the full support of five of the Group Leaders who consult their Groups prior to their agreement being given, although this was not strictly necessary in accordance with the Delegated Powers of the Chief Executive.

The decision made under urgency powers was received and the Constitutional requirement was met.

The decision made under urgency powers was received and the Constitutional requirement was met.

The decision made under urgency powers was received and the Constitutional requirement was met.

The decision made under urgency powers was received and the Constitutional requirement was met.

The decision made under urgency powers was received and the Constitutional requirement was met.

There being no items of urgent business, the meeting closed at 10.15pm.