Thursday, 28 June 2007
Ryedale House, Malton
Present
Councillors Wainwright (in the Chair), Arnold, Aslett, Cottam,Keal, Knaggs and Legard.
Substitute: Councillor Mrs Frank (for Councillor Acomb).
By Invitation: Councillor Mrs Shields.
In Attendance
T Anderson, Ms J Baldwin, Mrs L Carter, P Hancock, Mrs MJackson, P Long, J Patten, J Rudd, Mrs J Thompson, Miss J Waggottand A Winship.
Minutes
86. Apologies for Absence
Apologies for absence were received from Councillors Acomb,Andrews and Mrs Burr.
87. Bereavement
The Chairman reported on the recent death of Councillor RobertWood, Ward Member for Sheriff Hutton. The Committee observed aminute’s silence in memory of Councillor Wood.
88. Welcome
The Chairman welcomed Councillor T Woodward to the meeting asan observer. Councillor Woodward had recently been elected to theCouncil to represent the Pickering East Ward.
89. Minutes
The minutes of a meeting of the Policy & ResourcesCommittee held on 12 April 2007 were presented (previouslycirculated).
Resolved
That the minutes of a meeting of thePolicy & Resources Committee held on 12 April 2007 be approvedand signed by the Chairman as a correct record.
90. Urgent Business
The Chairman raised the following items under urgentbusiness:
1. Ryedale Floods - June 2007
The Chairman thanked all staff for their efforts during therecent flooding. The Commercial Services Manager reported forinformation that from 6 am on Monday 25 June depot staff beganissuing sandbags. By 2 pm the Sinnington, Pickering and Martonareas were experiencing severe problems. 60 tons of sand had beenused and 5,000 sandbags filled. Additional pumps had been broughtin to help cope with floodwater. Clearing up operations had startedon Wednesday. However, the weather forecast for the coming weekendwas not good and sand and sandbag supplies had beenreplenished.
It was moved by Councillor Keal and seconded by CouncillorCottam that a sum of £10,000 be provided from the ICE Fund toestablish a hardship fund for those affected by the recent floodingin the Ryedale area. Members were reminded that the Council hadundertaken similar action in respect of the Hawnby/Helmsley floodsin 2005. It was agreed that the criteria for distribution of thefunds be those adopted for the distribution of the Hawnby/Helmsleyfund. The Committee supported this course of action.
Resolved
That a sum of £10,000 be provided from theICE Fund to establish a hardship fund to support those affected bythe recent flooding in the Ryedale area. The criteria for thedistribution of the funds to be those adopted for the distributionof the Hawnby/Helmsley fund in 2005.
2. The Chairman reported that items relating to the award ofgrant to Community Leisure Limited, Election Issues and the legalaction being pursued by Shrewsbury & Atcham Borough Council inrelation to the Local Government Review were to be raised later inthe agenda.
91. Declarations of Interest
There were no declarations of interest received.
92. Senior Management Contracts Working Party - 1 May2007
The minutes of a meeting of the Senior Management ContractsWorking Party held on 1 May 2007 (previously circulated) weresubmitted.
Resolved
That the minutes of a meeting of theSenior Management Contracts Working Party held on 1 May 2007 assubmitted be endorsed.
93. Resources Working Party - 28 June2007
The minutes of a meeting of the Resources Working Party heldearlier in the day were presented (circulated at themeeting).
The Chief Executive drew Members attention to specific issuesrequiring the Committee’s endorsement.
Resolved
That the minutes of a meeting of theResources Working Party held on 28 June 2007 as submitted beendorsed.
94. Statement of Accounts 2006/07
The Chief Financial Officer (Interim) submitted a report(previously circulated), which provided a summary of the Council’sAccounts for the year 2006/07, as required under the Accounts andAudit Regulations 2003 together with the Statement of InternalControl as approved by the Overview & Scrutiny Committee at itsSpecial Meeting held on 26 June 2007. The Overview & ScrutinyCommittee had requested that they be provided with six-monthlyupdates of the Statement of Internal Control.
The Statement of Accounts was prepared in accordance with TheCode of Practice on Local Authority Accounting issued in 2006 bythe Chartered Institute of Public Finance and Accountancy (CIPFA)and also in accordance with various accounting standards that CIPFAhad adopted.
The Statement of Internal Control was prepared in accordancewith the framework for corporate governance recommended by CIPFAand the Society of Local Chief Executives and SeniorManagers.
The Chief Financial Officer reported that the Council hadappointed Deloitte as their external auditors. The current auditorsfrom the Audit Commission were to sign off the 2006/07 accounts inSeptember 2007. Authority was sought for the Chairmen of the Policy& Resources and Overview & Scrutiny Committees to meet withrepresentatives from the Audit Commission to address any issues ofgovernance that arose between now and September 2007.
Resolved
(a) That the Statement of Accounts for2006/07 be approved for submission to the Council.
(b) That the Statement of Internal Controlas reviewed by the Overview & Scrutiny Committee be agreed foradoption by the Council.
(c) The level of reserves be noted.
(d) That the use of surplus funds, as setout in the report, be approved.
(e) That the Chairmen of the Policy &Resources and Overview & Scrutiny Committees be authorised tomeet with the external auditors to address any issues of governancearising prior to September 2007.
95. Ryedale Local Development Framework Core StrategyConsultation
The Forward Planning & Economic Development Officersubmitted a report (previously circulated) the purpose of which wasto consider and agree the Ryedale Local Development Frameworkdocument for consultation purposes.
Members were reminded that at the April 2007 meeting of theCommittee, Members had agreed key revisions to the LocalDevelopment Scheme. This being the project plan for the productionof the Local Development Framework. Central to this was theprioritisation of work to enable the resubmission of the CoreStrategy, following the ‘unsound’ verdict in December 2006.
Planning legislation did not prescribe a way forward to dealwith the situation where a document was found unsound in a limitednumber of areas. However, having taken legal advice and advice fromthe Government Office and the Planning Inspectorate, it had beenagreed that rather than starting the document from scratch, itshould be revised to address the concerns identified by theInspector in his report.
The approach maintained the momentum established so far andbuilt on the extensive consultation that had already helped toshape the Core Strategy.
The consultation document, as appended to the report, wouldmark the first step in preparing the revised Core Strategy.
Resolved
That the document as submitted be approvedfor consultation purposes.
96. Consultation on DeveloperContributions
The Forward Planning & Economic Development Managersubmitted a report (previously circulated), which sought agreementto consult regarding a proposed approach to seeking developercontributions towards A64 junction improvement costs at Malton andNorton.
The collection of developer contributions towards A64 junctionimprovements was considered to be the only realistic means offunding the junction upgrades within the short to medium term.These improvements were necessary to release capacity with the roadnetwork through Malton and Norton to allow beneficial developmentto take place and environmental improvements to occur. Thisapproach formed a key element of the planning approach agreedwithin the submitted Ryedale LDF Core Strategy, and was consistentwith national guidance on the seeking of developercontributions.
Resolved
(a) That the consultation on developercontributions at Malton and Norton be endorsed and that views besought from all interested parties to inform the preparation of adraft Supplementary Planning Document on this topic.
(b) That appropriate regard be given tothe issues and approach set out in the consultation whenconsidering relevant planning applications in advance of approvalof a Supplementary Planning Document on this issue..
97. Public Conveniences at Staxton Brow
The Commercial Services Manager submitted a report (previouslycirculated) the purpose of which was to consider options relatingto the potential reopening of the Staxton Brow PublicConveniences.
It was recommended that the existing contractor be approachedwith a view to:
- An initial one year trial from August 2007.
- The contractor undertaking cleaning of the public convenienceswhen trading on the car park.
- Determination of the terms and conditions re openinghours.
- Determination of the trading season.
Following consideration of the report Members were of theopinion that the recommendations should be endorsed subject to theCommercial Services Manager, in consultation with the Chairman,being authorised to determine the terms and conditions relating tothe opening hours and the trading season. In addition it was agreedthat the contractor be approached with regard to cleaning thefacility outside the trading season, i.e. 52 weeks per year.
Resolved
That the Commercial Services Manager, inconsultation with the Chairman of the Committee, be authorised todetermine the terms and conditions relating to the opening hoursand the trading season. In addition it was agreed that thecontractor be approached with regard to cleaning the facilityoutside the trading season, i.e. 52 weeks per year.
98. Budget Provision for Blue Skies (SPARSE)Conference - 22 to 24 July 2007
The Chief Executive submitted a report (previously circulated)in connection with a request received from the Chairman of theCouncil to make available a budget provision of £500, from theCivic Hospitality budget, towards the costs of the aboveconference, which was being held in Ryedale on 22 - 24 July 2007..
The Chairman of the Council was the external representative onthe SPARSE Authority. The Chairman had asked that the request beconsidered by Members.
The Annual Blue Skies Meeting moved around the country, itspurpose being to set the rural agenda in terms of issues of highimportance to all rural areas.
Resolved
That the recommendation be approved andthat a one off budget of £500 be approved to provide a mini bus anddriver and to host a dinner for colleagues from other authoritiesto promote Ryedale within the SPARSE Authority network.
99. Items Referred from Council and/or OtherCommittees
There were no referred items.
100. Honorary Aldermen
Members were reminded that Mr A J Jenkins and Mrs J E Taylorhad not sought re-election at the District Council Elections in May2007.
Mr Jenkins had completed 23 years service as a DistrictCouncillor and Mrs Taylor had completed 20 years service. Inaccordance with the criteria previously determined by this Council,they qualified for the honour of Honorary Alderman.
It was, therefore recommended that the Policy & ResourcesCommittee recommend to Council that a Special Meeting of Council bearranged to confer the honour of Honorary Alderman on Mr Jenkinsand Mrs Taylor.
101. Annual Report 2006/07
The Performance Manager submitted a report (previouslycirculated), which sought formal approval of the Annual Report2007.
The Council was required each year to publish to thecommunity, stakeholders and others its best value performanceindicator figures. In order to do this an Annual Report wasproduced, based on the Council’s Corporate Plan and showingprogress against that Plan. The Annual Report also acted as auseful source of information for Members and staff.
Accordingly, the Annual Report brought together:
- Details of all national best value and local performanceindicators.
- Information about how the Council was performing, both againstthe targets the Council had set and against the performance ofother Councils.
- The results of consultation with the community.
- Reports of the Audit Commission on the work of theCouncil.
- What the Council had done in the past year.
- What the council planned to do in the forthcoming year toimprove services in Ryedale.
Copies of the Annual Report were available in the Counciloffices, libraries and on the Council’s website. Copies were alsoto be sent on request to Parish and Town Councils and otherstakeholders. The Annual Report was also available in otherlanguages, large print and audio format upon request.
Resolved
That the Annual Report 2007 as submittedbe approved.
102. Public Open Space, West End Mews,Kirkbymoorside
The Asset Management Officer submitted a report (previouslycirculated), which sought approval for the transfer of public openspace from Barratt Homes, as successors to Tay Homes (Northern)Limited, into the Council’s ownership.
The subject land extended to an area of 480 sq m. It had beenlandscaped to provide a grassed area with borders planted withshrubs and trees. The terms of the deed were outlined in thereport.
The Committee was recommended to approve the transfer.
Resolved
That the transfer of ownership of thepublic open space at West End Mews, Kirkbymoorside, to the Councilbe approved.
103. The Town and Country Planning (EnvironmentalImpact Assessment)(England and Wales) Regulations1999
The above item was deferred at the request of CouncillorClark.
104. Ombudsman’s Report
The Council Solicitor submitted a report (previouslycirculated) the purpose of which was to:
- Receive the Ombudsman’s report dated 31 May 2007; and
- To consider approving the recommendations contained in theOmbudsman’s report.
The Ombudsman’s report dated 31 May 2007 was the culminationof serial complaints made by a complainant relating to theadministration of the Council’s Zoo Licensing function over thelast three years in relation to a particular zoo. A copy of theOmbudsman’s report was included with the report.
In a letter of complaint to the Local Ombudsman dated 24August 2005, the complainant raised a substantial number ofcomplaints, which amounted to 17 pages in length accompanied by 53separate documents.
The Ombudsman’s office had distilled the complaints to thefollowing two, the remainder being considered not worthy ofinvestigation:
“that the Council had not fulfilled its responsibilities underthe Zoo Licensing Act because it had:
- Not introduced conditions into the existing licence to requirethe zoo to take conservation measures.
- Not carried out ‘informal’ inspections or had not keptrecords.
The Ombudsman had made two findings of maladministrationagainst the Council, which essentially related to record keeping;these were as follows:
(i) there was no documentary evidence that the Council hadconsidered imposing conditions in the licence requiringconservation measures following the introduction of the 2002regulations;
(ii) not keeping a systematic record of the informalinspections, although it was accepted that evidence that informalinspections had taken place is contained in correspondence.
The Ombudsman found that there was no injustice to thecomplainant.
The Ombudsman accepted that inspections were undertakenthoroughly and conscientiously and has no criticism of the attitudeof officers involved. The Zoo was visited more often than the oneformal inspection that is required in any year that does notinclude a routine formal periodic inspection.
The focus of the Council Solicitor’s report was to considerthe recommendation of the Ombudsman in her report dated 31 May 2007and to consider whether or not the recommendation should besupported by the Council. The Ombudsman’s recommendation was asfollows:
“I recommend that the Council develops a systematic approachto the issues to be considered during an informal inspection andrecords the results of those inspections. The system should be inplace for the next informal inspection following the renewal of thelicence. It is for the Council to decide whether the results of theinspections should be reported to Councillors at all, by exceptionor routinely.”
Members welcomed the Ombudsman’s report and noted that therewas no evidence of any concerns relating to animal welfare. Membersaccepted the recommendation and agreed that this should besupported and approved.
Resolved
(a) That the recommendation in theOmbudsman’s report dated 31 May 2007 be approved.
(b) That a report be put to a futuremeeting of the Community Services & Licensing Committeeoutlining the measures to be taken by officers to comply with therecommendation of the Ombudsman’s report and to adopt proposals formonitoring compliance with the Ombudsman’s recommendation.
105. Urgent Business
The following two items were considered as they were decidedby the Chairman to be urgent (Elections Matters and LocalGovernment Review - Shrewsbury & Atcham Borough Council). Afurther urgent item was considered under exempt informationrelating to the award of grant to Community Leisure Limited.
106. Election Matters
The Chief Executive reported for information that theby-election for the Sheriff Hutton Ward was to take place onThursday 16 August 2007. The Pickering Town Council election wasalso taking place the same day. The counts for both elections wouldtherefore be held on the 16 August.
107. Local Government Review - Shrewsbury & AtchamBorough Council
The Chief Executive reported for information on the currentposition with regard to the judicial review, which was beingpursued by the above authority. In addition the Chief Executivereported that Harrogate Borough Council had undertaken similaraction on behalf of the District Councils Network. A decision onShrewsbury & Atcham’s challenge was anticipated by 6 July2007.
108. Exempt Information
Resolved
That under Section 100(A)(4) of the LocalGovernment Act 1972 the public be excluded from the meeting for thefollowing three items as there will be a likely disclosure ofexempt information as defined in Paragraphs 1 and 3 of Schedule 12Aof the Act as the information relates to any individual (Paragraph1) and to the financial or business affairs of any particularperson (including the authority holding that information)(Paragraph 3).
109. North Yorkshire Building Control Partnership -Enlargement
The Director of Operations submitted a report (previouslycirculated) in connection with expansion of the North YorkshireBuilding Control Partnership to include Hambleton DistrictCouncil.
The Building Control Manager attended the meeting to presentthe report.
The Partnership’s aims in delivering a high quality,cost-effective and efficient service, whilst achieving Gershonsavings through economies of scale etc, were best met through theenlargement of the Partnership.
It was anticipated that in the initial stages of setting upthe Partnership there would be a slight reduction in servicedelivery. However, by effectively planning the change and phasingimplementation, disruption should be minimised.
The proposed enlargement of the Partnership was consistentwith the Council’s commitment to enhanced two-tier and partnershipworking.
Resolved
That the following recommendations beapproved:
(a) That with effect from 1 August 2007the North Yorkshire Building Control Partnership enters into formaljoint working arrangements with Hambleton District Council
(b) That with effect from 1 April 2008 allBuilding Control staff from Hambleton District Council formallytransfer to Ryedale District council, being the host authority,under the Transfer of Undertakings (Protection of Employment)Regulations 2006
(c) That any surplus/deficit capital,after the closure of accounts, as at 31 July 2007, together withmonies retained within the reserve will be divided equally betweenthe two existing partners
(d) That a contribution be made to theenlarged Partnership reserve to allow the Partnership an initial£60,000 working balance (£20,000 from each of the partnerauthorities}.
110. Write-Off of Accounts
The Revenues Manager submitted lists (circulated at themeeting) of outstanding Council Tax totalling £12,157.35 andBusiness Rates totalling £7,249.33. Authority was sought towrite-off the individual amounts as irrecoverable.
Resolved
That the report be received and that theRevenues Manager be authorised to write-off the individual amountsof Council Tax totalling £12,157.35 and the individual amounts ofBusiness Rates totalling £7,249.33 as irrecoverable.
111. Community Leisure Limited - Grant
The Interim Chief Financial Officer referred to theExtraordinary Meeting of Council held on 7 June 2007 when it hadbeen agreed that the current arrangement with Community LeisureLimited be extended and revised for a further two years.
The Chief Financial Officer reported that Community Leisure’ssecond quarter grant was due to be paid the following day andsought authority to make the payment, which was within existingbudgets.
Resolved
That authority be given for payment of thesecond-quarter grant to Community Leisure Limited.