Agenda and draft minutes

Adjourned at 10 pm & Reconvened for 6.30pm on Monday 10 December 2018, Council
Thursday, 6th December, 2018 6.30 pm

Venue: Council Chamber, Ryedale House, Malton

Contact: Simon Copley  277

Recording: Listen to the recording

Items
No. Item

43.

Apologies for absence

Minutes:

Apologies for absence were received from Councillors Cussons and Jainu-Deen, and, for the reconvened meeting, from Councillors Cowling, Farnell, Di Keal, Oxley and Sanderson.

44.

Public Question Time

Minutes:

There were no public questions.

45.

Minutes

To approve as a correct record the minutes of the Ordinary Meeting of Council held on 11 October 2018.

Supporting documents:

Minutes:

The minutes of the Ordinary Meeting of Council held on 11 October 2018 were presented.

 

Resolved

 

That the minutes of the Ordinary Meeting of Council held on 11 October 2018 be approved and signed by the Chairman as a correct record.

46.

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 three 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):

 

Changes to Committee Membership

 

1.    To appoint Councillor Goodrick as an additional substitute for the Conservative Group on the Policy and Resources Committee.

 

2.    To swap Councillor Joy Andrews and her Liberal Group place on the Policy and Resources Committee with Councillor Cowling and her Independent Group place on the Overview and Scrutiny Committee.

 

The reason for urgency was to action the requested changes ahead of the next committee cycle.

 

Policy and Resources Committee – 29 November 2018

 

Minute 65 - S106 Grant - Malton Community Sports Centre S106-009 recommended by the Grants Working Party held on 29 November 2018

 

The reason for urgency was that this item had been referred by the Policy and Resources Committee after the agenda for the Council meeting had been published and it was desirable to make a decision without delaying to the Full Council meeting on 21 February 2019.

47.

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:

 

Councillor Paul Andrews declared a personal non-pecuniary but not prejudicial interest in minute 55 from the Policy and Resources Committee on 15 November 2018 (Revenue Budget Monitoring) as a member of the Milton Rooms Committee and in minute 65 from the Policy and Resources Committee on 29 November 2018 (S106 Grant – Malton Community Sports Centre) as a member of Malton Town Council, where he had not taken part in the debate on the item and had abstained in the vote.

 

Councillors Steve Arnold and Val Arnold declared personal non-pecuniary but not prejudicial interests in minute 65 from the Policy and Resources Committee on 29 November 2018 (S106 Grant – Malton Community Sports Centre) as they had been lobbied.

 

Councillor Clark declared a personal non-pecuniary but not prejudicial interest in minute 49 of from the Policy and Resources Committee on 15 November 2018 (Malton Livestock Market) as he sent cattle to the Thirsk Livestock Market to get more money.

 

Councillor Cleary declared personal non-pecuniary but not prejudicial interests in minute 49 of from the Policy and Resources Committee on 15 November 2018 (Malton Livestock Market) as he used to work at the livestock market and used to send cattle there, and in minute 65 from the Policy and Resources Committee on 29 November 2018 (S106 Grant – Malton Community Sports Centre) as Member Champion for Sports and Physical Recreation.

 

Councillor Ives declared personal non-pecuniary but not prejudicial interests in minute 50 of from the Policy and Resources Committee on 15 November 2018 (Additional Funding for a Flood Risk Management Project Manager and RDC’s Flood Grant Fund) as his brother works for Yorkshire Water and he worked for a business which contracts with Yorkshire Water, and minute 52 of from the Policy and Resources Committee on 15 November 2018 (Introduction of Civil Penalties Notices for all Housing Act Offences) as a landlord.

 

Councillor Raper declared a personal non-pecuniary but not prejudicial interest in minute 65 from the Policy and Resources Committee on 29 November 2018 (S106 Grant – Malton Community Sports Centre) as a paid up member of a sports organisation which undertakes work for Ryedale District Council.

 

Councillor Wainwright declared a personal non-pecuniary but not prejudicial interest in minute 50 of from the Policy and Resources Committee on 15 November 2018 (Additional Funding for a Flood Risk Management Project Manager and RDC’s Flood Grant Fund) as his daughter works for Yorkshire Water.

 

The Chairman noted that there were a number of Members who were North Yorkshire County Councillors.

48.

Announcements

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

Minutes:

The Chairman made the following announcements:

 

·         That voting on minute 53 from the Policy and Resources Committee on 15 November 2018 (Appointment of a Deputy Electoral Registration Officer) would be by show of hands.

49.

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

1.         To Councillor Ives, Chairman of the Policy and Resources Committee, from Councillor Clark:

 

“Will you please positively support the following points when the terms of reference are considered at Resources Working Party?

 

Resources Working Party

 

Membership

·         To include all members of Policy and Resources

·         Substitutes to be named at an equal number to members

·         To include representatives from all political groups if possible

 

Meeting Frequency

·         To meet each cycle prior to P&R

·         Any recommendations to go to P & R with officers and other reports as recommended items

·         All terms of reference and other constitutional items to be Part B items and thus by referred to Full Council

·         Substitutes to be named at an equal number to members

·         RWP has no authority to decide on any consultation/decision etc from P&R or any other committee

 

Power to call meetings

·         Meetings can be called by the Chair

 

Constitution Working Party

 

Membership

·         To be elected by Full Council and Annual Council for the ensuing year

·         Chair of Full Council

·         Group Leaders

·         Substitutes -  Vice Chair of Full Council

                                    1 named member per political group

 

Meeting Frequency

·         When required but to be a minimum of twice per year

·         All recommendations to go to P&R as Part B items

 

Power to call meetings

·         Constitution Working Party can be called by any 2 members of the working party

 

Senior Management Contracts Sub Committee

 

Membership

·         Group Leaders

·         Others appointed by Full Council so as to achieve proportionality

 

Meeting Frequency

·         Meet at least once per year

 

Power to call meetings

·         Meetings can be called by the Chair or any two members

 

Corporate Governance Standards Sub-Committee

 

Membership

·         3 members to be appointed by Overview and Scrutiny

·         1 substitute to be appointed

 

Meeting Frequency

·         Meet at least once per municipal year

·         Produce an annual report

·         Annual report to consider conduct

·         Training etc when required

 

Power to call meetings

·         Meetings to be called by the Monitoring Officer

·         Monitoring Officer to call a meeting if requested by the Chair or the Independent Person

 

Grants Working Party

 

Membership

·         1 member from each party

·         Plus 1 extra member from the controlling (or largest) group

 

Meeting Frequency

·         At least 2 meetings per year

 

Appeals Sub Committee

 

Membership

·         1 member from each of the three largest groups

·         1 substitute for each members

 

Meeting Frequency

·         As required by any appeals

 

Corporate Peer Challenge Improvement Plan Working Group

 

Same membership and other details as Resources Working Party above.”

Minutes:

1.         Councillor Clark submitted the following question:

To Councillor Ives, Chairman of the Policy and Resources Committee:

 

“Will you please positively support the following points when the terms of reference are considered at Resources Working Party?

 

Resources Working Party

 

Membership

·         To include all members of Policy and Resources

·         Substitutes to be named at an equal number to members

·         To include representatives from all political groups if possible

 

Meeting Frequency

·         To meet each cycle prior to P&R

·         Any recommendations to go to P & R with officers and other reports as recommended items

·         All terms of reference and other constitutional items to be Part B items and thus by referred to Full Council

·         Substitutes to be named at an equal number to members

·         RWP has no authority to decide on any consultation/decision etc from P&R or any other committee

 

Power to call meetings

·         Meetings can be called by the Chair

 

Constitution Working Party

 

Membership

·         To be elected by Full Council and Annual Council for the ensuing year

·         Chair of Full Council

·         Group Leaders

·         Substitutes -  Vice Chair of Full Council

                                    1 named member per political group

 

Meeting Frequency

·         When required but to be a minimum of twice per year

·         All recommendations to go to P&R as Part B items

 

Power to call meetings

·         Constitution Working Party can be called by any 2 members of the working party

 

Senior Management Contracts Sub Committee

 

Membership

·         Group Leaders

·         Others appointed by Full Council so as to achieve proportionality

 

Meeting Frequency

·         Meet at least once per year

 

Power to call meetings

·         Meetings can be called by the Chair or any two members

 

Corporate Governance Standards Sub-Committee

 

Membership

·         3 members to be appointed by Overview and Scrutiny

·         1 substitute to be appointed

 

Meeting Frequency

·         Meet at least once per municipal year

·         Produce an annual report

·         Annual report to consider conduct

·         Training etc when required

 

Power to call meetings

·         Meetings to be called by the Monitoring Officer

·         Monitoring Officer to call a meeting if requested by the Chair or the Independent Person

 

Grants Working Party

 

Membership

·         1 member from each party

·         Plus 1 extra member from the controlling (or largest) group

 

Meeting Frequency

·         At least 2 meetings per year

 

Appeals Sub Committee

 

Membership

·         1 member from each of the three largest groups

·         1 substitute for each members

 

Meeting Frequency

·         As required by any appeals

 

Corporate Peer Challenge Improvement Plan Working Group

 

Same membership and other details as Resources Working Party above.”

 

The Chairman of the Policy and Resources Committee, Councillor Ives replied

The question is will I positively support the points.  I promise that I will positively consider the points. To ask me to support many different points, some of which may be controversial, I simply cannot do and I'm sure that the Resources Working Party will have their own opinions.  One thing I regret Mr Chairman is that I'm sure that when this comes before the Resources Working Party, given the number of items to consider, it will be time consuming, it will  ...  view the full minutes text for item 49.

50.

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

Policy and Resources Committee – 15 November 2018

 

Minute 49 – Malton Livestock Market (page 13)

 

Minute 50 – Additional Funding for a Flood Risk Management Project Manager and RDC’s Flood Grant Fund (page 21)

 

Minute 51 – Localisation of Council Tax Support Scheme (page 31)

 

Minute 52 – Introduction of Civil Penalties Notices for all Housing Act Offences (page 37)

 

Minute 53 – Appointment of a Deputy Electoral Registration Officer (page 73)

 

Minute 54 – Financial Strategy 2018-2023 (page 79)

 

Minute 55 – Revenue Budget Monitoring (page 95)

 

Minute 56 – Corporate Peer Challenge Revisit Feedback Report (page 103)

 

Minute 57 – Timetable of Meetings 2019/20 (page 137)

 

Policy and Resources Committee – 29 November 2018 (minutes to follow, reports attached)

 

Minute 66 – Update on One Public Estate (OPE) Programme – Public Service Hub and Ryedale House Site (page 143)

 

Note:  Exempt Information

 

Certain information in appendix 2 of the above report is considered to be exempt as defined in Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended). The information relates to the financial or business affairs of any particular person (including the authority holding that information).

 

Minute 67 – Financial Strategy 2018-23 (page 173)

 

Minute 68 – Temporary Appointment of a Deputy Chief Executive(page 181)

 

Overview and Scrutiny Committee – 22 November 2018

 

Minute 57 – Treasury Management Annual Report 2017-18 (page 187)

 

Minute 58 – Treasury Management Mid-Year Review (page 201)

Supporting documents:

Minutes:

Policy and Resources Committee – 15 November 2018

 

Minute 49 – Malton Livestock Market

 

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.

 

(i) That Council makes available up to £50k from reserves to commission an independent options appraisal report (comprised of up to two stages) to determine the viability of a relocated livestock market and recommend a preferred option (including not moving forward).

 

(ii)On completion of the Stage 1 options appraisal report (if a positive outcome is received) the Council’s Specialist Services Lead, in consultation with the Chairman of Policy and Resources Committee, is delegated to proceed to authorise further work on the Stage 2 options appraisal. In the event of an unfavourable or unclear outcome of the Stage 1 options appraisal process, the matter shall be referred back to Members of the Policy and Resources Committee for further consideration

 

(iii)That the final outcome of the Stage 1 and Stage 2 options appraisal process be the subject of a further officer report to a future meeting of the Policy and Resources Committee and Council.

 

Councillor Clark moved and Councillor Thornton seconded the following amendment:

 

“To renumber (i) as (i) (a) and add (i) (b):

 

‘The appraisal to cover a ‘food hub’ including an abattoir.’

 

Upon being put to the vote the amendment was carried.

 

Recorded Vote

For

Councillors Acomb, Joy Andrews, Steve Arnold, Burr, Clark, Cleary, Cowling, Farnell, Frank, Gardiner, Hope, Ives, Jowitt, Di Keal, Maud, Oxley, Potter, Thornton and Windress.

 

Against

Councillors Val Arnold, Sanderson and Wainwright.

 

Abstentions

Councillors Paul Andrews, Bailey, Duncan, Goodrick, Raper and Elizabeth Shields.

 

Upon being put to the vote the motion was carried.

 

Resolved

 

(i) (a)        That Council makes available up to £50k from reserves to commission an independent options appraisal report (comprised of up to two stages) to determine the viability of a relocated livestock market and recommend a preferred option (including not moving forward).

 

(b)        The appraisal to cover a ‘food hub’ including an abattoir.

 

(ii)On completion of the Stage 1 options appraisal report (if a positive outcome is received) the Council’s Specialist Services Lead, in consultation with the Chairman of Policy and Resources Committee, is delegated to proceed to authorise further work on the Stage 2 options appraisal. In the event of an unfavourable or unclear outcome of the Stage 1 options appraisal process, the matter shall be referred back to Members of the Policy and Resources Committee for further consideration

 

(iii)That the final outcome of the Stage 1 and Stage 2 options appraisal process be the subject of a further officer report to a future meeting of the Policy and Resources Committee and Council.

 

Voting Record

25 For

2 Against

1 Abstentions

 

Councillors Paul Andrews and Wainwright requested that their votes against be recorded and Councillor Cleary requested that his abstention be recorded.

 

Minute 50 – Additional Funding for a Flood  ...  view the full minutes text for item 50.

51.

Motions on Notice Submitted Pursuant to Council Procedure Rule 11

Motions Previously Referred to and Considered by Committees

 

Referred by Full Council on 6 September 2018 and considered by Policy and Resources Committee on 27 September 2018

 

1.  Proposed by Councillor Clark and seconded by Councillor Thornton

 

There is increasing doubt about the environmental and health safety of glyphosate.  A recent case related to the use of glyphosate resulted in a fine of £200m+.

 

On this basis it would seem prudent for the Council to cease any further use.

 

This Council therefore resolves:

 

          i.   To stop with immediate effect all use of glyphosate on its properties including car parks, roads and pavements.

         ii.   Call upon NYCC to not use glyphosate on NYCC properties, roads and pavements.

        iii.   Calls upon all Ryedale Town and Parish Councils to not use glyphosate on their properties, roads and pavements.

Supporting documents:

Minutes:

Motions Previously Referred to and Considered by Committees

 

Referred by Full Council on 6 September 2018 and considered by Policy and Resources Committee on 27 September 2018

 

The following motion had previously been moved by Councillor Clark and seconded by Councillor Thornton:

 

“There is increasing doubt about the environmental and health safety of glyphosate.  A recent case related to the use of glyphosate resulted in a fine of £200m+.

 

On this basis it would seem prudent for the Council to cease any further use.

 

This Council therefore resolves:

 

          i.   To stop with immediate effect all use of glyphosate on its properties including car parks, roads and pavements.

         ii.   Call upon NYCC to not use glyphosate on NYCC properties, roads and pavements.

        iii.   Calls upon all Ryedale Town and Parish Councils to not use glyphosate on their properties, roads and pavements.”

 

Councillor Ives moved and Councillor Steve Arnold seconded the recommendation from the meeting of the Policy and Resources Committee on 27 September 2018:

 

That the motion be supported.

 

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

 

            Resolved

 

            That the motion be supported and this Council therefore resolves:

 

                                   i.             To stop with immediate effect all use of glyphosate on its properties including car parks, roads and pavements.

                                  ii.             Call upon NYCC to not use glyphosate on NYCC properties, roads and pavements.

                                 iii.             Calls upon all Ryedale Town and Parish Councils to not use glyphosate on their properties, roads and pavements.

 

Recorded Vote

For

Councillors Joy Andrews, Paul Andrews, Burr, Clark, Cleary, Duncan, Jowitt, Potter, Elizabeth Shields, Thornton and Windress.

 

Against

Councillors Steve Arnold, Val Arnold, Gardiner, Hope, Maud, Raper and Wainwright.

 

Abstentions

Councillors Acomb, Goodrick and Ives.

52.

Report from the Overview and Scrutiny Committee - Climate Change

Supporting documents:

Minutes:

The Overview and Scrutiny Committee submitted a report on climate change (previously circulated) as requested at the meeting of Full Council on 11 October 2018.

 

Councillor Clark, the Chairman of the Overview and Scrutiny Committee, presented the report and thanked Members for their involvement.

53.

Change to Committee Membership

To change the Liberal Group substitute on the Policy and Resources Committee from Councillor Clark to Councillor Potter.

Minutes:

Resolved

 

That the Liberal Group substitute on the Policy and Resources Committee be changed from Councillor Clark to Councillor Potter.

54.

Any other business that the Chairman decides is urgent

Supporting documents:

Minutes:

There were three items of urgent business:

 

Changes to Committee Membership

 

Resolved     

 

1.    To appoint Councillor Goodrick as an additional substitute for the Conservative Group on the Policy and Resources Committee.

 

2.    To swap Councillor Joy Andrews and her Liberal Group place on the Policy and Resources Committee with Councillor Cowling and her Independent Group place on the Overview and Scrutiny Committee.

 

Policy and Resources Committee – 29 November 2018

 

Minute 65 - S106 Grant - Malton Community Sports Centre S106-009 recommended by the Grants Working Party held on 29 November 2018

 

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:

 

That the grant application S106-043 be approved.

 

Upon being put to the vote the motion was carried.

 

Resolved

 

That the grant application S106-043 be approved.

 

Voting Record

20 For

0 Against

2 Abstentions

 

The meeting adjourned at 10pm and reconvened at 6.30pm on Monday 10 December 2018.

 

Having concluded all business, the meeting closed at 8.40pm on Monday 10 December 2018.