Public Document Pack Council

Minutes of Proceedings

At the Ordinary Meeting of the District Council of Ryedale held in the Council Chamber, Ryedale House, Malton on Thursday 3 November 2011

Present

Councillors Acomb Andrews Arnold (Chairman) Bailey Clark Mrs Cowling Cussons Mrs Denniss Mrs Frank Mrs Goodrick Hawkins Hicks Hope Mrs Hopkinson Ives Knaggs Maud Raper Richardson Mrs Sanderson Mrs Shields Wainwright Walker Windress Woodward

In Attendance

Simon Copley Paul Cresswell Janet Waggott Anthony Winship

Minutes

60 Apologies for absence

Apologies for absence were received from Councillors Mrs Burr, Fraser, Mrs Knaggs, Legard and Ward.

61 Public Question Time

Council 1 Thursday 3 November 2011

There were no questions from members of the public.

62 Minutes

The minutes of the Ordinary Meeting of Council held on 1 September 2011 were presented.

Resolved That the minutes of the Ordinary Meeting of Council held on 1 September 2011 be approved and signed by the Chairman as a correct record.

The minutes of the Extraordinary Meeting of Council held on 7 October 2011 were presented.

Resolved That the minutes of the Extraordinary Meeting of Council held on 7 October 2011 be approved and signed by the Chairman as a correct record.

The minutes of the Extraordinary Meeting of Council held on 20 October 2011 were presented.

Resolved That the minutes of the Extraordinary Meeting of Council held on 20 October 2011 be approved and signed by the Chairman as a correct record.

63 Urgent Business

There were three items of urgent business which the Chairman considered 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 (as amended).

These were appointments to the following outside bodies: • Ryedale Citizens Advice Bureau, following the resignation of Councillor Arnold as the Council’s representative; • The Harrison Collection Trust, a newly created body; • Malton Sports Centre Committee, a newly created body.

64 Declarations of Interest

The following interests were declared:

Councillor Andrews - agenda item 10, minute no. 21 (New Homes Bonus) and minute no. 23 (Community Governance Review – Malton and Norton-on- Derwent) – personal – as a member of Malton Town Council;

Council 2 Thursday 3 November 2011

Councillor Bailey - agenda item 10, minute no. 21 (New Homes Bonus) – personal and prejudicial – as a member of the North York Moors National Park Authority – left the room and took no part in the discussion or decision on this item;

Councillor Clark – agenda item 10, minute no. 25 (Provision of Internal Audit Services) – personal – as a member of North Yorkshire County Council;

Councillor Mrs Denniss – agenda item 10, minute no. 23 (Community Governance Review – Malton and Norton-on-Derwent) – personal – as a member of Norton Town Council;

Councillor Mrs Frank - agenda item 10, minute no. 21 (New Homes Bonus) – personal – as a member of the North York Moors National Park Authority;

Councillor Mrs Hopkinson - agenda item 10, minute no. 23 (Community Governance Review – Malton and Norton-on-Derwent) – personal – as a member of Malton Town Council;

Councillor Woodward - agenda item 10, minute no. 21 (New Homes Bonus) – personal – as a member of Pickering Town Council.

65 Announcements

The Head of Paid Service made the following announcements:

• To congratulate all those involved in the Opportunity Knocks event at Pickering; • To thank those Members who had visited local secondary schools as part of Local Democracy Week, from which excellent feedback had been received.

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

Councillor Acomb submitted the following question:

“Would the Chairman of the Overview and Scrutiny Committee please update Members on the work of that Committee?”

The Chairman of the Overview and Scrutiny Committee, Councillor Wainwright replied:

September and October may be a quiet time for other Committees but we on Overview and Scrutiny have had a full program of meetings.

The Overview and Scrutiny Committee has three important functions and I will deal with each in turn.

Council 3 Thursday 3 November 2011

Audit Function: The change in the timing of the approval of the accounts by members, from the 30 June to 30 September at the latest, has meant that the accounts submitted for scrutiny by members this year had been already inspected by the Council’s external auditor (unlike previous years when the scrutiny was undertaken on the un-audited accounts).

Alastair Lince from Deloittes, our Auditors, attended that meeting.

The committee continues to have an overview of the Councils risk management arrangements and at the last meeting discussed the Corporate Risk Plan and the possible impact of the Review of Local Government Finance and also the service risk plan for environmental services and the potential financial risk of changes in the governments’ policy in relation to refuse collection.

Treasury management is a key element of the work of the committee in undertaking the audit function and a number of members attended a very informative and interesting member training session on this subject on the 4 th October.

Scrutiny Function: The Overview and Scrutiny have been working on two Scrutiny Reviews; Healthy Weight and Post Offices. The recommendations made by the Healthy Weight Task Group were approved by the committee at its last meeting.

The recommendations of the review focussed on influencing the development of the Councils Sport and Active Lives Strategy, forging links with GP practices and commissioning groups, promoting opportunities and routes for walking and cycling in the area and encouraging the Ryedale District Council workforce to be more active during their working day to promote their health and wellbeing.

The full report will be presented to the Commissioning Board on 24th November 2011.

The aim of the Post office Services scrutiny review was to find practical ways by which Ryedale DC and its partners can: • Improve the availability of services in local communities • Provide an evidence base from which to influence future proposed closures or reductions in levels of service • To consider the options for delivering these services in future

The task group has met with local sub-postmasters and with the Stakeholder Manager from Post Office Ltd, desktop research has been undertaken and in August 2011, surveys were distributed to Post Office branches for their customers to complete. A survey was also made available for the general public and the citizens panel to complete. After the review had commenced, the Government issued two key documents in relation to the future of the Post Office; the first regarding modernisation of the network and service provision and moving to a new operating model to enable Post Office Ltd to become more

Council 4 Thursday 3 November 2011

sustainable; and the second contained consultation on the mutualisation of the Post Office.

A further meeting of the task group is to be held on the 10 th November to: discuss the results of the surveys; formulate a response to the consultation on mutualisation; to agree the recommendations of the review.

The full report will be agreed at the Overview and Scrutiny Committee on the 15th December 2011.

The committee has also agreed the topic for the next scrutiny which will look at ‘Support for the Voluntary and Community Sector’, scoping work by officers has already started. This new review will start when the review of Post Office services is concluded later this year.

Crime and Disorder Function: The committee fulfilled its statutory requirements in relation to Crime and Disorder by considering the Safer Ryedale Partnership Plan for 2011/12.

Councillor Acomb submitted the following question:

“Would the Chairman of the Commissioning Board please update Members on the work of that Board?”

The Chairman of the Commissioning Board, Councillor Mrs Cowling replied:

The key areas of work were:

• Reduction of CO2 Emissions from Council Operations and Environmental Initiatives - report updated actions taken to reduce CO 2 emissions resulting from the Council’s operations and progress regarding environmental initiatives – 2010/11 shows a 7% reduction on 2009/10 figures equating to a 10% overall reduction in CO2 emissions from RDC operations over the base year, a significant achievement, as was introduction plastic recycling - report was noted.

• Malton Air Quality Management Area - Action Plan - report presented the draft air quality Action Plan prior to public consultation – Brambling Fields was a key element in achieving improvements - resolved that the Draft Action Plan be submitted to DEFRA and be subject to public consultation before being resubmitted to C Board in January 2012. • Capital Proposal Regarding Ryedale Pool (Pickering) Gym Facility - A report considered the project as resolved at Full Council on 18 July 2011 – CB resolved that ‘The Commissioning Board supported the proposed Gym facility at Ryedale Pool in principle at its meeting on 24 March 2011 and in full at its meeting on 2 June 2011 and were disappointed to see that the scheme has not been

Council 5 Thursday 3 November 2011

progressed. With a positive view to this project and, in particular, support for Community Leisure Ltd., it is proposed that the Commissioning Board hold a special meeting as soon as is practical, to enable Community Leisure Ltd to present their suggestions for closer working with Ryedale District Council and the details of the proposed Gym facility.’ • Active and Environment Joint Commissioning Group - Progress Report - a report updated Members on the progress of the Active and Environment Joint Commissioning Group regarding the development of a Sport and Active Leisure Strategy. The report included a copy of the Sport, Recreation and Open Spaces Survey Results - report was noted. • Ryedale Economic Strategy: Key Issues - a report and presentation outlined the key issues for Ryedale’s economy and proposed direction of travel for the Council’s economic development activity. The feedback from Members would inform a Ryedale Economic Strategy and Action Plan – resolved that Members ‘welcome the presentation of the “Ryedale Economic Strategy: Key Issues” and request officers to broaden the consultation both within the Council and in Ryedale’ – to be the subject of the member briefing on 7 December.

• Homelessness Strategy - Performance Review 2010/11 - provided Members with an annual update on progress made in the delivery of the Homelessness Action Plan throughout 2010/11. The report also identified key actions for 2011/12. – At 296 during 2010/11 there had been a 53% increase in the number of households that the Council and its partners prevented from becoming homeless, either by resolving their crisis to enable them to remain living where they were or by finding them alternative accommodation (when compared to 09/10)- members welcomed the progress made and endorsed the key actions for 2011/12.

• Economy and Housing Joint Commissioning Group - Update and Proposal for Home Improvement Agency Partnership - updated the Commissioning Board on progress made by the Economy and Housing Joint Commissioning Group (JCG) in their review of this Council’s private sector housing work. The report considered the first major recommendation of the JCG, which was to enter into a Home Improvement Agency Partnership with Scarborough Council. Item is on Agenda for Council tonight as it is a part B - the resolution of commissioning board included an amendment ‘That an annual review of the Partnership be presented to the Commissioning Board to include a triennial scrutiny of the Partnership arrangement and performance’. This was to give Commissioning Board Members sufficient control over the longer term performance of the partnership arrangement.

67 To Receive a Statement from the Leader of the Council and to Receive Questions and Give Answers on that Statement

Council 6 Thursday 3 November 2011

Councillor Knaggs, the Leader of the Council, presented the following statement:

Since my last statement, Council has approved the most significant improvement to Ryedale’s physical infrastructure since the flood defense works for Malton and Norton, the Brambling Fields Interchange. Funded jointly with the County Council, this work should take a substantial amount of heavy goods traffic out of Malton and Norton Town Centres. We have also secured significant funding to protect the future of our vitally important work on homelessness and its prevention; further property-related decisions will be needed to make this happen. A modest but useful grant has also been obtained towards flood mitigation work north of Pickering, although sadly the Environment Agency has once again failed to honour its promises about a substantive announcement by end-July.

Tonight we are asked to confirm a new Homes Improvement Agency, reflecting the importance this Council has always given to that topic. Fairly soon we will start to consider formally the detail of the 2012/13 budget, which will involve some difficult decisions. Some preparation for our strategic plan for 2013/14 is already under way at officer level, building on the lessons from the successful implementation of Change one-11. Following the decision on housing numbers at the recent special council meeting, Council will be asked to approve the publication draft of the Local Plan, possibly at a special meeting in December.

It is a cliché that these are difficult and uncertain times. We, as a small rural district council, can best help by sticking to our remit – the cost-effective provision of basic public services for which we are responsible – and by working with local people and voluntary organizations to make the best possible use of the resources we have.

Councillor Knaggs also reported that he had received a letter of intention from the Department of Business, Innovation and Skills, stating that Ryedale would be asked by the Post Office to be one of twenty five selected local authorities for the development of a more strategic relationship with a view to delivering services via local post offices. He thanked the former chairman and members of the Overview and Scrutiny Committee for their work, which had contributed to this, and also the officers who supported the Committee.

Councillor Woodward sought clarification from Councillor Knaggs that the A64 Brambling Fields Junction Scheme was jointly funded with the County Council and Councillor Knaggs confirmed that it was.

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

Commissioning Board – 22 September 2011

Council 7 Thursday 3 November 2011

Minute No. 25 – Economy and Housing Joint Commissioning Group – Update and Proposal for Home Improvement Agency Partnership

It was moved by Councillor Mrs Cowling and seconded by Councillor Bailey that the following recommendations of the Commissioning Board be approved and adopted:

(i) That a Home Improvement Agency Partnership is established with Scarborough Borough Council as host authority;

(ii) That a legal agreement on the terms outlined in the report be approved and that the Chief Executive, in consultation with the Chairman of the Commissioning Board, be authorised to approve any minor amendments following consideration by Scarborough Borough Council;

(iii) That the Chairman of the Commissioning Board be nominated as this Council’s representative on the Joint Committee for the Partnership, with the Vice Chairman as substitute representative;

(iv) That, in exercise of its powers and under Sections 101, 102, 103 and 111 of the Local Government Act 1972, Section 20 of the Local Government Act 2000 and all other powers enabling it in that behalf the Council hereby agrees:

(a) To establish from April 2012 or such other later date with the Scarborough Borough Council a Joint Committee which shall be constituted in accordance with the terms of the legal agreement made on the terms outlined in this report and which shall conduct its business in accordance with such Standing Orders as may be set out in the Agreement;

(b) To appoint annually Members to serve on the Partnership Committee as required;

(c) That the Partnership be empowered to discharge on its behalf those functions with regard to the Home Improvement Agency Services as defined within this report;

(d) That the Partnership be empowered to arrange for the functions or any of them to be discharged by any Sub- Committee or officer appointed by it or by any other officer of the constituent council so appointed;

(e) That the Partnership be authorised to provide services within the functions to other local authorities and public bodies within the meaning of the Local Authorities (Goods and Services) Act 1970 on the terms set out in the Agreement;

Council 8 Thursday 3 November 2011

(f) That Scarborough Borough Council shall be appointed the Host Council and shall accept the transfer of the staff from Ryedale District Council as identified in the legal agreement.

(v) That an annual review of the Partnership be presented to the Commissioning Board to include a triennial scrutiny of the Partnership arrangement and performance.

Upon being put to the vote the motion was carried.

Resolved

(i) That a Home Improvement Agency Partnership is established with Scarborough Borough Council as host authority;

(iii) That the Chairman of the Commissioning Board be nominated as this Council’s representative on the Joint Committee for the Partnership, with the Vice Chairman as substitute representative;

(b) To appoint annually Members to serve on the Partnership Committee as required;

(c) That the Partnership be empowered to discharge on its behalf those functions with regard to the Home Improvement Agency Services as defined within this report;

Council 9 Thursday 3 November 2011

(f) That Scarborough Borough Council shall be appointed the Host Council and shall accept the transfer of the staff from Ryedale District Council as identified in the legal agreement.

(v) That an annual review of the Partnership be presented to the Commissioning Board to include a triennial scrutiny of the Partnership arrangement and performance.

Policy & Resources Committee – 29 September 2011

Minute No. 21 – New Homes Bonus

It was moved by Councillor Acomb and seconded by Councillor Ives that the following recommendation of the Policy & Resources Committee be approved and adopted:

That Members recommend to Council the following allocations of the 2010/2011 New Homes Bonus:

1. £100k to restart the small business grants scheme, with a report on the scheme in 12 months time; 2. £114,540 to establish a Community investment fund with: a. Decision making delegated to a member panel of six members, 4 of whom shall be members of the Conservative group, chaired by the Chairman of Policy and Resources Committee; b. The criteria for funding to be approved by the Policy and Resources Committee, reflecting the need for proposals to be genuinely additional and to bear in mind the geographical distribution of new homes generating the bonus; c. An annual report to be presented to the Policy and Resources Committee on the work of the panel. 3. To inform future decision, the North Yorkshire Moors National Park to be invited to give a presentation on proposals to allocate grant generated by its planning decisions.

Councillor Knaggs proposed and Councillor Raper seconded an amendment to delete all wording after “That Members” and replace it with, “defer a decision on allocation of the New Homes Bonus to the next Ordinary Meeting of Full Council.” On being put to the vote, this amendment was carried.

Councillor Clark proposed and Councillor Woodward seconded a further amendment to add the following wording: “Call for a report to the Policy and Resources Committee on the following:

Council 10 Thursday 3 November 2011

(i) 50% of the New Homes Bonus to be allocated to the relevant Parish and Town Councils; (ii) Ryedale District Council to retain the other 50% as part of general revenue for the Council.” On being put to the vote, this amendment was lost.

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

Resolved That Members defer a decision on allocation of the New Homes Bonus to the next Ordinary Meeting of Full Council.

Minute No. 22 – Budget Strategy 2012/2013

It was moved by Councillor Acomb and seconded by Councillor Ives that the following recommendation of the Policy & Resources Committee be approved and adopted:

That Council be recommended:

That the following parameters for the preparation of the 2012/2013 budget be approved:

(i) Proposals be brought forward for a 2.5% increase in Council tax (unless the Government provides additional specific grant to enable a nil increase);

(ii) Increases in fees and charges to be 3.5% - 4.5% on a cost centre heading basis excluding VAT and only those charges officers recommend above or below this figure to be considered by the relevant policy committee;

(iii) Efficiencies to be maximised;

(iv) Options for service cuts to be provided. These proposals to be considered by the Resources Working Party and the Policy and Resources Committee.

Councillor Andrews asked what the actual cost of the recommendations was to the Council budget and it was agreed that a written answer would be provided to all Members.

Councillor Knaggs proposed and Councillor Ives seconded an amendment to point (i) to delete the wording after “forward for a” and replace it with, “nil increase in Council Tax”. On being put to the vote, the amendment was carried.

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

Resolved

Council 11 Thursday 3 November 2011

That the following parameters for the preparation of the 2012/2013 budget be approved:

(i) Proposals be brought forward for a nil increase in Council Tax;

(iii) Efficiencies to be maximised;

(iv) Options for service cuts to be provided. These proposals to be considered by the Resources Working Party and the Policy and Resources Committee.

Minute No. 23 – Community Governance Review – Malton and Norton-on- Derwent

It was moved by Councillor Acomb and seconded by Councillor Ives that the following recommendation of the Policy & Resources Committee be approved and adopted:

That Council be recommended to resolve to take no further action on the Community Governance Review for Malton and Norton-on-Derwent.

Upon being put to the vote the motion was carried.

Resolved That no further action be taken on the Community Governance Review for Malton and Norton-on-Derwent.

Minute No. 24 – Substitute Members of Committees and Numbers of Substitutes

It was moved by Councillor Arnold and seconded by Councillor Raper that the following recommendation of the Policy & Resources Committee be approved and adopted:

That Council be recommended:

(i) That it be maintained as a rule of the Constitution that there are no substitute Members for Overview & Scrutiny Committee by reinstating clause 28.5 in Part 4 of the Constitution –Rules of Procedure in the following terms :

“28.5 Overview and Scrutiny Committees

Council 12 Thursday 3 November 2011

Substitute Members cannot be drawn from those Members who sit on the Policy and Resources and Community Services Committees.”

(ii) That a change to Council Procedure Rule 28.1 be approved such that for each Committee where substitution is applicable the maximum number of substitutes in respect of each Political Group becomes 50% of that group’s membership on the relevant committee, rounded up if necessary, subject to a minimum of 2.

In line with Council Procedure Rule 23.2, this motion to amend the Council Procedure Rules stood adjourned to the next Ordinary Meeting of Council.

Minute No. 25 – Provision of Internal Audit Services It was moved by Councillor Acomb and seconded by Councillor Ives that the following recommendation of the Policy & Resources Committee be approved and adopted:

That Council be recommended:

That the following be approved:

(i) The Business Case for the provision of an Internal Audit Service from the 1 April 2012;

(ii) Delegated authority to the Council Solicitor to conclude the legal contract for the Council to be stakeholders in Veritau (North Yorkshire) Ltd a subsidiary of Veritau Ltd. The subsidiary company will be a regulated company under the terms of the Local Authorities (Companies) Order 1995;

(iii) Noting that the Corporate Director (s151) will agree a service level agreement with Veritau (North Yorkshire) Ltd for the provision of Internal Audit Services for the financial year commencing April 2012; and

(iv) Appointment of the Council’s Corporate Director (s151) as the Council’s Director to the Board of Veritau (North Yorkshire) Ltd.

Councillor Mrs Cowling moved and Councillor Bailey seconded that the vote now be taken, and on being put to the vote this procedural motion was approved.

Upon being put to the vote the motion was carried.

Resolved That the following be approved:

Council 13 Thursday 3 November 2011

(i) The Business Case for the provision of an Internal Audit Service from the 1 April 2012;

(iv) Appointment of the Council’s Corporate Director (s151) as the Council’s Director to the Board of Veritau (North Yorkshire) Ltd.

69 Polling District, Polling Places and Polling Stations Review

The Head of Organisational Development submitted a report (previously circulated) on the review of polling districts, polling places and polling stations carried out in accordance with the Council’s statutory obligations as prescribed by the Electoral Administration Act 2006.

A correction was noted to Annex 1 of the report, that for Wharram polling district, the existing polling place was Birdsall Village Hall and the proposed polling place was The Halll, Kirby Grindalythe.

Ward Members for Norton requested that prior to the next scheduled elections the polling district boundaries in Norton be reviewed to see if electors in the Commercial Street area could vote at the nearby Trinity Methodist Church Hall polling station, rather than travelling further to St Peter’s Church Hall.

Councillor Raper moved and Councillor Mrs Cowling seconded the recommendations in the report and on being put to the vote the motion was carried.

Resolved That the relocation of polling places and polling stations as set out in Annex 1 of the report be approved.

70 Any other business that the Chairman decides is urgent.

There were three items of urgent business. These were appointments to the following outside bodies: • Ryedale Citizens Advice Bureau, following the resignation of Councillor Arnold as the Council’s representative; • The Harrison Collection Trust, a newly created body;

Council 14 Thursday 3 November 2011

• Malton Sports Centre Committee, a newly created body.

Resolved (i) That Councillor Mrs Goodrick be appointed to Ryedale Citizens Advice Bureau; (ii) That Councillor Mrs Frank be appointed to the Harrison Collection Trust; (iii) That Councillor Fraser be appointed to the Malton Sports Centre Committee.

The Chairman also congratulated Councillor Mrs Knaggs on her election to the LGA Rural Commission Review Group.

There being no further items of business, the meeting closed at 8.30pm.

Council 15 Thursday 3 November 2011

This page is intentionally left blank