Town Council Minutes of the Ordinary Meeting 17 May 2010 at 7.30pm at Manor Close Community Centre Present: Councillors J Coughlan (Chairman), G De Barr, S Brown, M Dickinson, A Gun- ton and L Mudd.

Also Present: 2 members of the public, The Town Clerk and Assistant to the Town Clerk

12 Apologies for absence Councillor M Donald, J Cossins

13 Minutes a) Ordinary Meeting 19 April 2010 The Town Council approved the Minutes of the Ordinary Meeting held on the 19 April 2010. (Appendix 1) b) Extraordinary Meeting 26 April 2010 The Town Council approved the Minutes of the Extraordinary Meeting held on the 26 April 2010 (Appendix 2)

14 Town Mayor’s report on Civic Engagements Cllr Coughlan said that he had recently opened The Children in Distress shop on Kirkbymoorside High Street and attended the Pickering Civic Dinner as part of his official duties. 15 Town Clerk’s report Members noted: a) The following documents, letters, emails and publications have been lodged in the Town Council Office • Bus Shelter: Copy Letter and petition from residents and businesses in vicinity of proposed shelter on Chisholm’s Monument • Bus Shelter: Letter from resident of Church Street. • Bus Shelter: Copy letter to The Editor of The Gazette & Herald. • Kirkbymoorside Business Premises Study by Forward/RDC, March 2010. • Complaint about position of a Telegraph Pole at 43 West Pasture • Moorsbus Network 2010 information • Kirkbymoorside and District Sportsfield Committee Annual General Meeting Minutes 4 May 2010 • NYMNP: Southern Area Parish Forum 18 May 2010 at 7pm at Rosedale Reading Rooms Agenda • Clerks and Councils Direct May 2010 • The Clerk May 2010 • RVA Newsletter March/April 2010 • Police Authority: Informing Town Council that there will not be any more regular formal meetings of Tier 1 and that the meeting planned for May 21st is cancelled. b) The following information/comments/complaints have been verbally received. • Complaints about table and chairs outside Penny Bank Café. NYCC informed. • Complaint about ‘A’ board outside Penny Bank Café. NYCC informed.

Minutes 17 May 2010 5 • Complaint about ‘A’ boards on A170 being left on verges outside of opening hours. NYCC informed. Responded that do not normally move 'A' boards unless they are (in NYCC opinion) a danger. The ones on the A170 do not fall into this category so NYCC do not intend to get them moved. It becomes an ever growing task as aggrieved shop keepers inform of other signs that NYCC would be duty bound to chase. Therefore, unless it is a danger, or NYCC specifically want to "clean up" a whole area, they will not ask for the signs to be moved. • Repeat complaint about tree overhanging pavement on Brooke Close. Housing Association first informed October 2009. • Complaint about size of Keep Clear lettering painted on Piercy End at entrance to Oldfield Court. NYCC informed. Response was that they are bound by regulations as to size of lettering and placement on roads. • Complaint about bench outside Spa in Market Place being used by stallholder to place goods for sale on as some people particularly like sitting there on Market Day. Memorial Hall Committee informed. c) Forthcoming meetings/events • NYMNP: Southern Area Parish Forum 18 May 2010 at 7pm at Rosedale Reading Rooms. d) In addition • Cemetery development: Quotes sought for stone removal, new spoil heap area and topping up of graves. No progress on paths. • View Play Area: Graffiti, danger sign removed 28 April 2010. Police were called by neighbours when the youths left the play area and there was a problem in the Ryedale View/Ryedale Close Area. • Town Caretaker Post. No more progress. • Bank Charges on Town Council accounts at HSBC. Discussed at HSBC meeting and new manager would be in touch in January 2010. Some progress. • Trees in planters: No progress • Memorial Benches outside Church House: Inspector has approved, awaiting licence from NYCC. • Inventory of Benches: Completed but need numbering before quotations for maintenance sought. • Streetlight demolished on Howe End (December 09): Replacement Ordered. • Youth Council: No progress • Ash Tree at Manor Vale Woodland in recognition of contribution of Mr Don Smith F.R.E.S. planted April 2010. Commemorative plaque to be approved and ordered. • North Yorkshire Local Resilience Forum. Community Resilience Scheme. No Progress. • Bus Shelter: The Police cannot attend the Council Meeting on the 17 May as intended so discussion by the Town Council has been postponed. • Market Place Benches: Possible change of position, consultation and costs. No progress. Councillor De Barr asked that the position of caretaker should be added as an agenda item to the next Ordinary Meeting on 21 June 2010. e) Meetings/training attended by Town Clerk not noted elsewhere • Working With Your Council at Selby: Procedures (April 2010) f) Emails As circulated Minutes 17 May 2010 6 16 Development Control a) Appeal Decision by the Planning Inspectorate Members noted the following: Ryedale District Council refused the following planning application, and Kirkbymoorside Town Council also objected. DOE Appeal Ref: APP/Y2736/A/09/2118496/WF .The appeal was dismissed. Appeal Start Date: 15 December 2009 Application No: 08/01081/FUL Appellant: Mrs C Hogg Description: Erection of a three-bedroom end-of-terrace dwelling Location: Land at 28 Westfield Mews, Kirkbymoorside b) Planning Decisions received from Ryedale District Council Members noted the following 3 Planning Decisions received from Ryedale District Council and to which the Town Council had no objections i) Application No: 10/00077/FUL Application Type: Full Application Proposal: Change of use and alteration of bakery and stores to form additional retail area, 1no. two bedroom dwelling, 1 no. one bedroom dwelling, 1 no. one bedroom flat with external spiral staircase for access, commercial yard area and retention of ground floor retail units (revised details to approval 09/00854/FUL dated 20.10.2009) Location: 21 Market Place Kirkbymoorside York YO62 6AA Applicant: Mr A R Riby (ii) Application No: 10/00013/MFUL Application Type: Full Application Major Proposal: Erection of testing facility building to include testing pool and pressure testing chamber, parking and landscaped banking Location: Perry Slingsby Systems Ltd Ings Lane Kirkbymoorside York YO62 6DN Applicant: Perry Slingsby Systems Ltd (iii) Application No: 10/00115/HOUSE Application Type: Householder Application Proposal: Erection of two-storey extension Location: 2 Highfield Gillamoor Road Kirkbymoorside York YO62 6EL Applicant: Mrs R Crawford b) Planning applications received from Ryedale District Council Members had the opportunity to comment on 7 applications as at 12 May 2010. (i) Application No: 10/00498/HOUSE Application Type: Householder Application Proposal: Erection of rear single storey extension with glazed roof lantern and replacement of bow window with french doors Location: 14 West End Kirkbymoorside York YO62 6AF Applicant: Mr P Ward

The Town Council had no objection to this application. (ii) Application No: 10/00464/LBC Application Type: Listed Building Consent Proposal: Installation of satellite dish to rear side wall Location: Tontine House 10 Market Place Kirkbymoorside York YO62 6DB Applicant: Mr Rory Towler

The Town Council had no objection to this application. Minutes 17 May 2010 7 (iii) Application No: 10/00021/HOUSE Application Type: Householder Application Proposal: Erection of two storey extension to rear Location: 5 Kirby Mills Road Kirkby Mills Kirkbymoorside York North Yorkshire YO62 6NR Applicant: Ms Helen Gundry

The Town Council had no objection to this application but commented that as the extension is to be built on a Category III floodsite that RDC counsel appropriately and ensures that the householder is aware. (iv) Application No: 10/00459/HOUSE Application Type: Householder Application Proposal: Erection of single-storey extension to the north and west elevations Location: Greencroft Ings Lane Kirkbymoorside York YO62 6DN Applicant: Mr & Mrs Hemmingfield

The Town Council had no objection to this application. (v) Application No: 10/00465/TPO Application Type: Tree Preservation Order Proposal: To crown clean and crown thin by a maximum of 20% and crown reduce to reduce encroachment over overhead lines T1 (sycamore) within TPO No. 132/1989 Location: Alderson House Kirkby Mills Kirkbymoorside York North Yorkshire YO62 6NP Applicant: Mrs J Brown

Councillor Brown declared a prejudicial interest and left the room while discussion took place. The Town Council had no objection to this application. Councillor Brown returned to the room after the decision was made.

(vi) Application No: 10/00479/HOUSE Application Type: Householder Application Proposal: Erection of single-storey extension to rear Location: Lyndene Old Road Kirkbymoorside York YO62 6LX Applicant: Mr & Mrs Robinson

The Town Council had no objection to this application.

(vii) Town and Country Planning Acts: No. 325 Tree Preservation Order 2010 Formal notice of a Tree Preservation Order No 325 made on 19 April 2010. The tree stands in the southern corner of the property known as Bilsdale House, Ings Lane.

The Town Council had no objection to this application.

17 Reports from Members on Outside Bodies Councillor Gunton went to a Market Town Seminar on 10 May 2010 and gave a verbal report.

18 Discussions with the District and County Councillors No Councillor was present. District and County Councillor V Arnold sent her apologies. 19 Staffing Committee Terms of Reference

Minutes 17 May 2010 8 Members discussed the Terms of Reference of the Staffing Committee following the meeting of the Staffing Committee on 1 April 2010 when the Assistant to the Town Clerk was appointed.1 Two members of the Committee were present and this reflected the provisions of Standing Orders for a quorate meeting. However the Terms of Reference agreed for Staffing Committee in October 20092 stated that there will be three members and that the quorum is three. The Town Council received advice from the YLCA in May 2010.

The Town Council resolved to change the quorum from three to two councillors.

20 Appointment of Assistant to the Town Clerk The Town Council ratified the decision of the Staffing Committee 1 April 2010 to appoint the Assistant to the Town Clerk.3

21 Community Emergency Plans4 (Appendix 3) Members discussed a Community Emergency Plan, agreed that the Town Council needs to lead in the planning and executing of a Plan and commented that an input from members of the community is desirable. The Town Council resolved that Councillor Coughlan would lead the production of a Community Emergency Plan and that Councillor De Barr would assist.

22 The Moorsider a) Delivery Delivery problems of the Moorsider were discussed, and the costs of commercial delivery. b) Design Following a complaint about The Moorsider being difficult to read for those with impaired eyesight, the Town Council resolved to change some of the fonts and colours to make reading clearer. It was agreed that a large print version could be collected from the office. Councillor Coughlan thanked Councillor Mudd for all her efforts to publish The Moorsider.

23 North Yorkshire Fire & Rescue Service’s Draft Integrated Risk Management Plan (IRMP) Consultation Summary and Response Sheet (Appendix 4)

The Town Council completed a response to the Consultation.

24 North Yorkshire Minerals and Waste Development Framework (Appendix 5) The Minerals Core Strategy First Consultation April 2010 was received by the Town. The Town Council resolved to respond to this consultation paper but would have liked more time to consider this substantial document. The only point that was raised was how would Spaunton quarry be affected but requested that the Town Clerk ask if there was anything else that might affect Kirkbymoorside in the future.

1 Minute 28, page7, 1 April 2010 2 Minute 85b, page 33, 19 October 2009 3 Minute 28, page7, Staffing Committee 1 April 2010 4 Minute 190, page 78, Ordinary Meeting 19 April 2010 Minutes 17 May 2010 9 25 The Old Library5 a) The Old Library - Dilapidations Update6 Members noted that this agenda item is for information only.

The VAT queries have not been resolved between NYCC and the Town Council and the Clerk is seeking more advice from YLCA. b) Parochial Church Council Members noted the following:

On the 21 April the Clerk received an email from the Parochial Church Council asking if a decision was still needed on the Fire Exit and that the Town Clerk responded to the effect that a decision would be appreciated as per the Town Council’s request in March 2010.7 c) Construction (Design and Management) Regulations 2007 Members noted the following:

PPIY has informed the Town Council of its roles and responsibilities as Client, has provided HSE guidance “Want Construction Work done Safely” which outlines the Town Council’s duties, has confirmed that PPIY is acting as “CDM Co-ordinator” on the Town Council’s behalf, has prepared “Form F10” as an “Initial Notification” and has sent that electronically to the HSE. d) Tenders update d) Tenders update Councillor Dickinson will attend the meeting at noon on Friday 4 June 2010 in the Town Council Office, along with Councillor Coughlan, for the opening of Tenders for the Library building work.

26 To receive applications for the Vacancy on the Town Council and to elect one candidate from the same. (Appendix 6) This item was moved to the end of the meeting as it may have been necessary to exclude members of the public under The Public Bodies (Admissions to Meetings) Act 1960, s1 for part of the discussion.

27 Town Cemetery a) Headstone Regulations and Cemetery Regulations The Town Council resolved to delegate the drawing up of a draft letter for The Town Council to view at the next meeting to the Town Clerk and the Cemetery Working Party. The three members of the Working Party are Councillors Mudd, Donald and Dickinson. They will look at current procedures for burials. Advice from the undertakers will be sought and problems experienced in other parishes will be researched.

The Town Council resolved that the last line of the Cemetery Regulations be immediately amended to “Once this has been received, permission will be considered.”

5Minute 168, page 69, Extra-Ordinary Meeting 5 March 2010; Minute 136, p65, Ordinary Meeting 15 February 2010, Minute 101, page 38, October 2009 6 Minute 143g, p58, 18 January 2010 7 Minute 179a, page 74, 15 March 2010 Minutes 17 May 2010 10 Members resolved that the designs of headstones must be approved by the Town Clerk or Councillors before being ordered. b) Cemetery Works At least three quotes from contractors were sought for: i) Removal of stone and clay spoil heap and old fencing. ii) Fencing of new spoil heap area. iii) Graves to be levelled with top soil and sown with grass seed.

The Town Council resolved to instruct Allgardens to carry out all three contracts for £2600 plus VAT and requested that the Town Clerk attempt to negotiate a discount in return for the award of all three contracts.

28 Financial Matters a) Monthly Accounts The Town Council approved the monthly payments of £7,667.02 net of VAT. (Appendix 7) b) Grant Applications

(i) The Parish of Kirkbymoorside with Gillamoor, and Bransdale (Appendix 8)8 A request was received for a grant towards the upkeep of the churchyard from the Paro- chial Church Council. The Town Council resolved to defer this decision. The Town Council asked the Clerk to invite the Church Wardens from the Parochial Church Council to the Or- dinary Meeting on 21 June 2010.

(ii) Play Areas Association (Appendix 9) A request was received for a grant towards more play equipment on the Old Road Play Area. (1) The Town Council resolved to grant £250 to the Play Areas Association for more play equipment. (2) The Town Council resolved to review this matter should funding not be available from RDC. (3) This agenda item was no longer applicable after the decisions made for 28 (1) and (2). c) Town Council Insurance9 The Town Council resolved to renew the existing policy with WPS/Aviva for 17 months up to a cost of £2,700. d) SLCC Training Day 10 July 2010 at Helmsley The Town Council resolved that the Clerk and Assistant to the Clerk would attend this meeting along with Councillor De Barr and any other councillors who wished to attend at a cost of £20 for members and £25 for non-members and councillors. e) Office Computer and set up Members of the public were excluded from part of this discussion under The Public Bodies Act 1960 (Admission to Meetings), s1. The Town Council discussed the quotations and the providers and resolved to select JRA Services, Kirkbymoorside to carry out the work at a cost of £1088 plus VAT.

8 Minute 72b, page 30, Ordinary Meeting 21 September 2009 9 Minute 19a, page5, Ordinary Meeting 19 May 2008 Minutes 17 May 2010 11 Provider Quote excl VAT A £774 excl installation, set up & wiring B £1270 JRA Services £1088 f) Outlook Online The Town Council resolved to purchase access to Outlook at home for the Clerk and her Assistant via an arrangement with Vision Websites at a cost of £15.00 plus VAT per an- num. g) Disposal of Town Council Property The Town Council resolved to agree to the disposal of a radio and a set of billiard balls, and to donate them to the Children in Distress Charity Shop. h) LCR Subscription Renewal The Town Council resolved to renew the annual subscription at a cost of £13.50. i) National Savings Account Number 137919301 Members noted the following: The account has been closed and the money paid directly into the Town Council’s Deposit Account. The closing balance was £3656.26 (15 March 2010).

29 To receive applications for the Vacancy on the Town Council and to elect one candidate from the same. Possible part exempt item (Appendix 6) This item was moved from agenda item 15. i) Members of the public could have been excluded from part of this item under The Public Bodies Act (Admission to Meetings) 1960,s1 but there were none present. ii) Co-option of a new member to the Council Members resolved that Mr Richard Coates be co-opted.

The Town Clerk was asked to write to the unsuccessful candidate on this occasion.

30 To note the dates of the next meetings Members noted the dates of the next meetings. Planning Committee 7 June 7.30pm Manor Close Community Centre (may be cancelled if consultation time allows on any planning applications received) Strategy Committee 7 June 7.30pm Manor Close Community Centre Ordinary Meeting 21 June 7.30pm Manor Close Community Centre

The meeting was closed at 9.13pm.

…………………………………. Chairman

Minutes 17 May 2010 12