Meeting documents

Council
Thursday, 10th July, 2008

Thursday, 10 July 2008,
Council Chamber, Ryedale House, Malton
 
Present
 Councillors:  
J R Raper (in the Chair)
G Acomb
P J Andrews
S Arnold NDF MICFor
Mrs V M Arnold
A A Aslett
J R Bailey
Mrs L M Burr
J S Clark
B G Cottam
Mrs L Cowling
D E Cussons
Mrs J Frank
G E Hawkins
A E Hemesley OBE
D Jackson
Mrs D E Keal
H L Keal
K A Knaggs MA MSc FCA
B Maud
Mrs E L Shields BA MA
C R Wainwright
Ms N Warriner MBE
J Windress
T B Woodward
 
In Attendance
Ms J Baldwin, Mrs L Carter, P Cresswell, Miss J Waggott and A Winship.
 
Reverend K Holding.
 
Minutes
105. Apologies for Absence
 
Apologies for absence were received from Councillors Mrs De Wend Fenton, Mrs Hodgson, Hope, Legard and Mrs Wilford
 
 
106. Public Question Time
 
There were no public questions.
 
 
107. Minutes
 
The minutes of the Annual Meeting of Council held on 15 May 2008. and the minutes of an Ordinary Meeting of the Council held on 15 May 2008. (previously circulated) were presented.
 
With reference to minute no. 12 - Representatives on Outside Organisations - it was reported that Councillor Raper had been reappointed to the North Yorkshire County Council Scrutiny of Health Committee and Councillor Keal had been appointed substitute. This item was further considered at minute no. 120 (Representation on Outside Organisations) below.
 
Resolved
 
That, subject to the above amendment, the minutes of the Annual Meeting of Council held on 15 May 2008 and the minutes of an Ordinary Meeting of the Council held on 15 May 2008 be confirmed and signed by the Chairman as a correct record.
 
 
108. Urgent Business
 
The Chairman reported that there was one item to be dealt with as a matter of urgency by virtue of Section 100B(4)(b) of the Local Government Act 1972. The item related to correspondence received from West Lothian Council regarding ‘Fuel Duty and VAT Revenues’.
 
 
109. Declarations of Interest
 
In accordance with the Members’ Code of Conduct the following declarations of interest were received:
 
Councillor Andrews declared a personal interest in matters relating to the Malton Development Strategy Steering Group as he attends meetings with local businesses. Councillor Mrs Arnold declared a personal interest in Item 11 on the agenda, as she is a member of the North Yorkshire County Council’s Scrutiny of Health Committee.
 
 
110. Announcements
 
1. The Chairman invited the Immediate Past Chairman of the Council, Councillor Ms Warriner; to present cheques to her two selected charities for her year in office. A cheque in the sum of £6000 was presented to Yorkshire Air Ambulance and a cheque in the sum of £3500 was presented to Scarborough & Ryedale Mountain Rescue. Representatives expressed their sincere thanks to Councillor Ms Warriner for the contributions, which would assist them in undertaking valuable work.
 
2. The Chairman announced that his Civic Service was to be held at St Peter’s Church, Staxton on Sunday 21 September 2008.
 
3. The Chief Executive announced that there was an opportunity for Ryedale to host Yorkshire Day on 1 August 2009. The Chief Executive reported that funding was available and it was recommended that the opportunity be pursued as part of the ‘Ryedale’s Worth It Campaign’. It was suggested that it would be useful to announce Ryedale’s involvement in the 2009 event at the 2008 Yorkshire Day celebrations hosted by Redcar.
 
Members endorsed Ryedale’s participation in the 2009 event.
 
 
111. To Receive Any Questions Submitted by Members Pursuant to Council Procedure Rule 10.2 (Questions on Notice at Full Council)
 
The following questions were submitted:
 
1. Question submitted by Councillor Clark:
 
“Could the Chair of Community Services & Licensing Committee please inform me of the reduction of Carbon used by the Ryedale District Council in the April 2007 to March 2008 year compared with the previous twelve months. Could this please be expressed in terms of:
 
(i) Electricity units used in 06/07 compared with 07/08
(ii) Gas units used in 06/07 compared with 07/08
(iii) Propane used in 06/07 compared with 07/08
(iv) Diesel used in 06/07 compared with 07/08
 
The Chairman of the Community Services & Licensing Committee responded as follows:
 
2006/07 2007/08
 
(i) Electricity 859,509 kWh 832,700 kWh
(ii) Gas 2,555,466 kWh 2,330,492 kWh
(iii) Propane 18,656 litres 17,060 litres
(iv) Diesel 258,350 litres 252,365 litres
Bio diesel 42 litres 15,641 litres
 
Total diesel/biodiesel 258,392 litres 268,006 litres
  • Diesel consumption dropped due to use of biodiesel
  • Biodiesel introduced to fleet to reduce carbon emissions
  • 3.7% increase in overall diesel/biodiesel consumption - main reason operational fleet increased with implementation of kerbside recycling
2. Question from Councillor Woodward to the Leader of the Council:
 
“In view of the policy of the ‘rounding down’ of the number of affordable houses in any one development, could you please tell me the number of affordable houses lost in each of the last 3 years.”
 
The Leader of the Council reported that the following figures were based upon completed Section 106 Agreements for the years in question.
 
2005/06 - 6 affordable negotiated - 2.1 lost
2006/07 - 4 affordable negotiated - none lost
2007/08 - 4 affordable negotiated - none lost
2008/09 - 8 affordable negotiated - 0.4 lost
Total 22 negotiated 2.5 lost
 
The Leader of the Council reported that in the year 2004/05 the Redrow scheme of 220 homes had provided 98 affordable homes, this represented a 45% affordable rate which was 10% above the normal 35%, which was negotiated as a justification for developing the ‘greenfield’ site. Therefore, any later ‘losses’ were negated.
 
 
112. To Receive Petitions or Similar Communications Submitted by Members of the Public Under Rule 23 of the Council’s Constitution
 
In accordance with Council Procedure Rule 23 (Petitions) which states that any petition or similar communication received by a Member or Chief Officer should first be presented formally to the next meeting of the Council by the Member or Chief Officer concerned and then referred to the relevant Committee for consideration, the Chairman of the Council accepted a petition from the Car Park Action Group, which stated “We the undersigned petition Ryedale District Council:
  • Not to sell Wentworth Street Car Park in view of the need to retain ALL car park spaces for the present needs and future growth of Malton and Norton
  • To review the car park charges in all Malton car parks”
 
113. Community Services & Licensing Committee
 
It was moved by Councillor Mrs Cowling and seconded by Councillor Jackson that the minutes of a meeting of the Community Services & Licensing Committee held on 29 May 2008. be approved and adopted.
 
With reference to Minute No. 39 (Cycle Stands - For Information) Councillor Mrs Burr sought clarification as to when a scheme to provide cycle stands in market towns was to be implemented. The Chairman reported that Councillor Mrs Burr would receive a written response.
 
Resolved
 
That the minutes of a meeting of the Community Services & Licensing Committee held on 29 May 2008 be approved and adopted.
 
 
114. Licensing Committee
 
It was moved by Councillor Mrs Arnold and seconded by Councillor Hemesley that the minutes of a meeting of the Licensing Committee held on 29 May 2008. be received.
 
Resolved
 
That the minutes of a meeting of the Licensing Committee held on 29 May 2008 be received.
 
 
115. Standards Committee
 
It was moved by Councillor Aslett and seconded by Councillor Cottam that the minutes of a meeting of the Standards Committee held on 19 June 2008. be received.
 
With reference to Minute No. 58 (The Role and Make Up of Standards Committees) part (a) of the resolution, which stated, “That the appointment of Independent Members be added to the Committee’s Role and Function, and that accordingly the terms of reference of the Standards Committee be amended”. Councillor Clark expressed concern that the Committee would have the ability to recruit its own independent members. However, the Council Solicitor reported that full Council appointed independent members of the Standards Committee. It was suggested by the Leader of the Council that part (a) of the resolution be amended to read “That advice on the appointment .......”.
 
Resolved
 
(a) That, with the exception of Minute No. 58 (The Role and Make Up of Standards Committees), the minutes of a meeting of the Standards Committee held on 19 June 2008 be received.
 
(b) That the following recommendations of the Standards Committee Minute No. 58 (The Role and Make Up of Standards Committees) in relation to changes in the Council’s Constitution be approved.
 
(i) That advice on the appointment of Independent Members be added to the Committee’s Role and Function, and that accordingly the terms of reference of the Standards Committee be amended.
 
(ii) That Article 8.02 of the Constitution be amended to require that both the Chairman and Vice Chairman of the Standards Committee should be Independent Members of the Standards Committee.
 
 
116. Overview & Scrutiny Committee
 
It was moved by Councillor Mrs Shields and seconded by Councillor Windress that the minutes of Special Meetings of the Overview & Scrutiny Committee held on 19 June 2008. and 24 June 2008. and the minutes of an ordinary meeting of the Committee held on 3 July 2008. be approved and adopted.
 
Resolved
 
That the minutes of Special Meetings of the Overview & Scrutiny Committee held on 19 June 2008 and 24 June 2008 and the minutes of an ordinary meeting of the Overview & Scrutiny held on 3 July 2008 be approved and adopted.
 
 
117. Policy & Resources Committee
 
It was moved by Councillor Wainwright and seconded by Councillor Aslett that the minutes of a meeting of the Policy & Resources Committee held on 26 June 2008. be approved and adopted
 
With reference to Minute No. 83 (Malton Development Strategy Steering Group) Councillor Andrews sought confirmation from the Chairman of the Committee that the Chief Executive had advised that the Working Group could discuss the Fitzwilliam planning application as a strategic planning option. Why was the Steering Group not allowed to discuss the application and compare it with other options in the WSP report? In addition, Councillor Andrews sought clarification as to whether the Steering Group, including consultees, was to meet to consider Councillor Knaggs’ report.
 
The Chairman of the Committee informed Councillor Andrews that the Steering Group had decided that it would be impossible to discuss the Fitzwilliam planning application as a strategic planning option without discussing the merits or otherwise of the planning application. This would prejudice any discussion at a planning meeting when Members had to make a decision on the planning application. The Steering Group decided that it would be unnecessary to hold a meeting before the outcome of the consultation process that was to take place at the end of August and before the results of the traffic modelling to be undertaken by NYCC were available, which were also expected at the end of August.
 
Resolved
 
That the minutes of a meeting of the Policy & Resources Committee held on 26 June 2008 be approved and adopted.
 
 
118. Planning Committee
 
The minutes of meetings of the Planning Committee held on 7 May 2008. and 3 June 2008. (previously circulated) were presented.
 
Councillor Mrs Burr referred to an application, which had recently been considered by the Planning Committee and sought confirmation as to whether Member training could be arranged. The Chairman of the Planning Committee reminded Councillor Mrs Burr that applications were considered on a case-by-case basis. However, the issue of training would be pursued with the Development Control Manager.
 
Resolved
 
That the minutes of meetings of the Planning Committee held on 7 May 2008 and 3 June 2008 be received.
 
 
119. Notice of Motion Submitted Pursuant to Council Procedure Rule 11 (Part 4) of the Council Constitution
 
It was moved by Councillor Clark and seconded by Councillor Woodward that:
 
“This Council not only appreciates its employees but also values the large contribution they make to the wellbeing of the people of Ryedale. The present cost of living increase is disproportionate. It impacts much more severely on the low paid.
 
There is no need for a Local Government strike if the employees are rewarded fairly. Money is already available in the RDC budget.
 
i. 3% has been budgeted for wage increases.
 
ii. £50,000 has been budgeted for a Project Officer (The Chief Executive has decided not to fill that post).
 
This Council therefore calls upon the LGA to increase the offer to 4% with £100 extra for the lowest three pay grades.
 
In the event of the negotiations failing and the final agreement being less than 3% then Ryedale District council resolves to alleviate the shortfall by a bonus of £300 for those on less than £25,000, £100 for those between £25,000 and £40,000 and £0 for those on £40,000+.
 
Members debated the motion and whilst supporting the content of the first paragraph, the opinion was expressed that the Council should not depart from national collective pay bargaining.
 
Members requested that a recorded vote be taken on the motion.
 
Recorded Vote
 
Votes in favour of the motion:
Councillors Andrews, Mrs Burr, Clark, Mrs Keal, Keal and Woodward (6)
 
Votes against the motion:
Councillors Acomb, Arnold, Mrs Arnold, Aslett, Bailey, Cottam, Mrs Cowling, Cussons, Mrs Frank, Hawkins, Hemesley, Jackson, Knaggs, Maud, Raper, Mrs Shields, Ms Warriner, Wainwright and Windress (19)
 
The motion was therefore lost.
 
 
120. Representation on Outside Organisations - NYCC Scrutiny of Health Committee
 
Members were requested to nominate a representative and substitute to the above organisation.
 
Resolved
 
That Councillor J R Raper be appointed this Council’s representative on the NYCC Scrutiny of Health Committee and Councillor J S Clark be appointed substitute.
 
 
121. Urgent Business
 
The following item was considered as it was decided by the Chairman to be urgent by virtue of Section 100B(4)(b) of the Local Government Act 1972.
 
 
122. West Lothian Council - Fuel Duty and VAT Revenues
 
The Chief Executive circulated a letter from West Lothian Council, which set out the following motion that had been agreed at their meeting of Council on 24 June 2008:
 
“West Lothian Council expresses its extreme concerns at the rocketing petrol and diesel prices which are forcing individuals to pay sky high prices at the pumps and forcing public services and industry to finance escalating costs.
 
Council notes that without UK taxes petrol would be currently 41.2p a litre and diesel 48.8p a litre.
 
Council further notes that the Energy Trends and Prices statistics, produced by the Department for Business, Industry and Regulatory Reform reveals that the UK’s taxation of petrol is the third highest out of all EU member states.
 
Council further notes that the UK treasury is netting substantially increasing Fuel Duty and VAT revenues as a direct result of the increasing fuel prices.
 
In the light of all of the above, West Lothian Council calls on the current Labour Westminster Government to act decisively to protect the interests of families, public services and industry by immediately introducing a Fuel Duty Regulator, which will use the increasing revenues from VAT to reduce Fuel Duty and so the price per litre of petrol and diesel.
 
Council resolves to circulate this motion to all UK authorities, to all West Lothian’s MPs and to all Lothian’s MSPs seeking their support for the above action.”
 
The Council’s views on the action to be taken were sought. It was moved by Councillor Knaggs and seconded by Councillor Raper that this Council sends a letter of support to West Lothian Council, with a copy to Mr John Greenway MP for Ryedale. Following consideration it was
 
Resolved
 
That Ryedale District Council sends a letter to West Lothian Council in support of their motion as set out above with a copy to Mr John Greenway MP for Ryedale.
 
NB Councillors Clark and Woodward recorded their votes against the above decision.
 
 
123. Information Item
 
The following item was submitted for information:
 
Ryedale Strategic Partnership Board  Appendix 1. (PDF, 78k)
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