MINUTES OF ORDINARY MEETING OF NEWBY AND SCALBY PARISH COUNCIL,
held in the Council Offices, Scalby Road, Scalby,
on Wednesday, 13th January 2010 at 7.15pm
PRESENT: Councillors R Thompson, (Chairman in the Chair), D J Bastiman, B Miller, R Pickersgill, C Ridley, Mrs P C Snow, A Tyson and B F Watson
ALSO IN ATTENDANCE: County Councillor J Flinton, Councillor A Backhouse, Mr R Kaye, Mr P Staveley, Mr and Mrs R Sheader, Mr M McGuinn (Clerk and RFO) and T Spencer (Clerk)
1/10 APOLOGIES FOR ABSENCE Councillors S G Foote and J Attwood, County Councillor Mrs H Swiers, Mr P Afford and Mr G Dale.
2/10 DECLARATIONS OF INTEREST
2/10.1 Councillors C Ridley and B F Watson declared their respective personal interests in all Borough Council planning applications as members of the Borough Council’s Planning Committee and took no part in the decisions. They also declared their personal and prejudicial interests in minute no 10/09(1) and withdrew from the meeting before it was considered.
2/10.2 Councillor Bastiman declared a personal and prejudicial interest in all planning issues and applications in his capacity as Portfolio Holder on Scarborough Borough Council with responsibility for Planning Issues and withdrew from the meeting prior to the planning matters being considered.
2/10.3 The Chairman declared a personal and prejudicial interest in minute 16/10. Councillor D Bastiman was elected Chairman for that item.
PROCEDURAL MATTER
It was RESOLVED to suspend the meeting at 7:15 pm to allow Roger Kaye of Scarborough Borough Council to provide feedback on previously raised road traffic or street scene issues and to receive new issues requiring attention. Mr Kaye provided feedback from the previously raised issues. The following new/revised issues were reported for action:
- double yellow lines are required at the junction of Hillcrest Avenue and Burniston Road
- road surfaces recently laid at Cross lane and Newlands Park Drive have not bonded with the underlying surface and are now severely damaged
- a street lamp at the Tradesmen’s entrance to Low Hall, Hay Lane is out
- could additional grit bins be provided on steep areas of roads in the parish before next winter
Meeting in session at 7:30pm
3/10 REPORTS FROM OUTSIDE BODIES (IMPORTANT ISSUES ONLY)
To receive reports from Council representatives on any relevant matters of interest or concern discussed at the meetings which directly or indirectly affects this parish:
3/10.1 Allotments Friends Group – No report
3/10.2 In Bloom Group – Mr P Staveley circulated the minutes of the meeting held on 12 November 2009 and advised that the portfolio for spring judging was being prepared. The Community Day was set to proceed in March 2010
3/10.3 Scalby Football Club – No report
3/10.4 CAP Group. – No report
3/10.5 Safety Council – No report
3/10.6 Roads Liaison Committee – No report
3/10.7 Coastal Area Parish Forum – No report
3/10.8 North Yorkshire & Cleveland Coastal Forum – No report
3/10.9 Yorkshire Local Councils’ Association – No report
3/10.10 Twinning Association – Councillor R I Thompson reported that the AGM had been held the previous night.
3/10.11 York & North Yorkshire Playing Fields – Councillor B F Watson reported on the meeting held that morning and advised that Prince William will become President of the National Association. H.M. The Queen’s Jubilee year in 2012 will also focus on playing fields.
3/10.12 Yorkshire Coast & Moors County Area Committee – No report
3/10.13 North York Moors National Park Authority – Councillor R I Thompson reported that he had been unable to attend the last meeting but advised that Mrs V Dilcock, the National Park Officer, had been awarded an OBE in the New Year’s Honours List
4/10 MINUTES
RESOLVED that the minutes of the Council Meeting held on 9th December 2009 be approved and signed as a correct record
5/10 MATTERS OF REPORT FROM THE MINUTES
Councillor D Bastiman advised that the Borough Council would be providing advice shortly regarding the ownership of the two bus shelters on Scalby Road at the Green Lane and Hirstead Road junctions. Councillor B F Watson asked that an item be included on the next agenda regarding the Parish Charter.
6/10 CORRESPONDENCE
6/10.1 The Council considered a letter dated 17 December 2009 from the Road Safety Officer concerning the disbanding of the Scarborough Safety Council and it was RESOLVED that the letter be received
6/10.2 The Council considered a letter dated 18 December 2009 from the Head of Legal and Support Services of the SBC concerning the January round of Area Committee Meetings and it was RESOLVED that the letter be received
6/10.3 The Council considered a letter dated 17 December 2009 from the YLCA concerning membership subscriptions for 2010/2011 and it was RESOLVED that the letter be received
6/10.4 The Council considered a letter dated 17 December 2009 from the NYCC concerning a speed limit review on the A171 and A165 and it was RESOLVED that the letter be received
6/10.5 The Council considered an email dated 7 January 2010 from the North Sea Marine Conservation Zones Project concerning Roadshow meeting dates and times and it was RESOLVED that the letter be received
6/10.6 The Council considered a letter dated 4 January 2010 from the Special Projects Manager of the NYCC concerning a Scarborough Service Centre Transportation Strategy and it was RESOLVED that the clerk and Chairman complete the questionnaire
7/10 QUALITY STATUS The overall aims of quality status to remain on the agenda pending developments.
8/10 SCALBY VIADUCT Issue to remain on the agenda pending developments.
FINANCE & GENERAL PURPOSES ISSUES
9/10 FINANCIAL MATTERS
9/10.1 RESOLVED that the Schedule of Accounts to be paid for January 2010, Schedule 10 be approved
9/10.2 RESOLVED that the Schedule of Accounts to be paid for January 2010 in respect of the Community Hall, Schedule 10 be approved
9/10.3 The Council considered a report by the Clerk and RFO concerning the Annual Return for 2008/2009 and it was RESOLVED that the external auditors’ report and their comments be accepted and the explanations of the Clerk and RFO and his proposed actions with regard to the Risk Assessment Review be also accepted
ENVIRONMENTAL AND DEVELOPMENT ISSUES
10/10 PLANNING APPLICATIONS – SCARBOROUGH BOROUGH COUNCIL
The Council considered the following planning applications and made the decisions shown below:
| 1 | Proposal Site Applicant Application No. SBC Decision PC Decision |
Amendments to the layout and form of development in the vicinity of the recently listed buildings High Mill Farm, Station Road, Scalby Provincial Land Developments Ltd 09/00717/OL Committee Object on the same grounds as the previous application. (In accordance with their declarations in minute 2/10.1 above, Councillors C Ridley and B F Watson withdrew from the meeting until a decision had been taken) |
| 2 | Proposal Site Applicant Application No. SBC Decision PC Decision |
New 2 storey side extension 31 Newlands Park Crescent, Newby Mr Scott Larner 09/02537/HS Delegated No objection |
11/10 PLANNING APPLICATIONS – NORTH YORK MOORS NATIONAL PARK
The Council considered the following planning application and made the decision shown below:
| 1 | Proposal Site Applicant Application No. PC Decision |
Application for revised site entrance access and parking arrangements (including tree removal) Low Hall Farm, Hackness Road, Scalby NUM Yorkshire Area NYM/2006/0557/FL No objection subject to there being no Tree Preservation Orders on the trees to be removed |
12/10 PLANNING APPLICATIONS – NORTH YORKSHIRE COUNTY COUNCIL None
13/10 NORTH YORK MOORS DEVELOPMENT FRAMEWORK – CONSULTATION
The Council considered a letter dated 4 January 2010 from the NYMNPA and it was RESOLVED that the Clerk and Chairman deal with this matter
14/10 FLOODING ISSUES
14/10.1 The Council considered a letter dated 11 January 2010 from the Environment Manager of the SBC regarding the beck to the rear of 340-344 Scalby Road and it was RESOLVED that the Environment Manager be advised that the Council is not satisfied with the response particularly in view of the fact that residents at 336 Scalby Road indicated to the Borough Council that the source of the pollution appeared to be in the immediate vicinity of their property.
14/10.2 None
CONFIDENTIAL ISSUES
Pursuant to section 1 (2) of the Public Bodies (Admission to Meetings) Act 1960 it was RESOLVED that, because of the confidential nature of the business to be transacted, the public and the press leave the meeting during consideration of items 15/10, 16/10, 17/10 and 18/10.
15/10 FARMERS’ MARKET
The Council considered a letter dated 16 December 2009 from the Chairman of the Friends of St Laurence’s concerning the Farmers’ Market. Councillor Watson expressed the view that the In Bloom Group should concentrate on their current activities and not become sidetracked with a farmers market. After consideration it was RESOLVED that the letter be received and await any further contact from the In Bloom Group.
16/10 COMMUNITY HALL – PAYMENTS TO YWA
The Council considered a report dated 6 January 2010 by the Clerk and RFO concerning the payment of water, sewerage and surface water drainage charges for the Community Hall and it was RESOLVED that the Clerk and RFO be authorised:
- to pursue with the YWA the recovery of monies owed to the Trust from 1 April 2009 to date
- in view of loss of income to the Trust relating to the Bowling Green, to pursue with the Borough Council recompense by the repair of potholes in the Community Hall car park
17/10 NEWBY AND SCALBY COMMUNITY HALL
Councillor Watson stated he had read and re-read the report and he was incensed by it and said that Council did not ask for it and that the Clerk should not be wasting council time in issuing such reports.
The Clerk said that he was disappointed to hear Councillor Watson’s remarks and in response the Clerk said that whenever he was made aware of an issue which Council ought to debate, especially an extremely important issue, especially where no previous decision had been properly minuted then as the Council’s Responsible Officer he has a duty to place sufficient information before council to stimulate debate so that an informed decision can be made and not bury his head in the sand and ignore it.
He further stated that he made no apology if the report was not to the liking of one or all of the Councillors and would not hesitate to repeat the process again if it proved necessary. What matters is that all Councillors make known their views and opinions, debate the issue and come to a democratic and binding decision. He also stated that it was not an attempt to change opinions and that as the Proper Officer he had to remain impartial and that it was up to Councillors to make decisions after the issue has been properly debated and the report was intended to stimulate that debate and judging by the reactions it had achieved its objective.
Councillor Watson stated that councils should not run community halls as they always failed and that it was better to have independent trustees from the community who formed the majority number with parish Councillors in the minority. He further stated that there should be an independent management committee set up to manage the day to day running of the hall, reporting to the trustees and that such management committee members should recruited from all local organisations in the parish and members on the management committee could be in excess of 15 if necessary.
Councillor Watson went on to state that members of the management committee would be appointed on a voluntary basis to the key areas of booking clerk, secretarial support, financial management including payment of wages for the caretaker, production of the annual report & accounts, returns to the Charities Commission and to HM Revenue & Customs.
Councillor Bastiman stated he had read and re-read the report and then went through the report in detail, page by page, and gave his views and opinions on the matters raised by the Clerk for consideration, stated his reasons for discounting the arguments and where necessary provided factual evidence to support his views.
Both Councillor Bastiman and Watson stated that if they ever thought that Council would not relinquish the trusteeship they would not have voted in favour of taking over the trust in the first place and Councillor Bastiman went on to say he would not have actively marketed and sold the caretakers cottage, the sale proceeds of which place the Trust in a strong financial position for the future.
Councillor Pickersgill stated that he did not agree with Councillor Bastiman’s views and opinions and felt strongly that the parish council should not relinquish its trusteeship for at least another 3 years to ensure that the hall is managed on a sound footing and had a reasonable period of history on which to make a more informed decision.
Councillor Miller supported the view of Councillor Pickersgill as he too felt it was too soon to let go and that Councillors should not be swayed by the views of two Councillors and should make up their own minds.
Councillor Snow simply expressed the view that she supported Councillor Bastiman’s stance and did not elaborate on her reasons and Councillor Tyson said that he had listened to what Councillor Bastiman had said and in accepting his arguments he now had mixed feelings. Councillor Thompson did not express a view.
Councillor Bastiman proposed that the Parish Council relinquish its trusteeship on the 1 April 2010 and that the clerk be instructed to place an advertisement in the Evening News seeking new trustees and to write to all those who have already expressed an interest, together with those who had previously attempted to form a new trust inviting them to apply.
He further proposed that there be 7 trustees made up of 3 parish Councillors and 4 parishioners with the parish Councillors not to become Chairman or vice Chairman of the new trustees so that parishioners can see that they hold the balance of power and that it is not being run by the parish council.
Councillor Pickersgill made a counter proposal that the parish council does not relinquish the trusteeship until 2 to 3 years have elapsed and this was seconded by Councillor Miller.
The Chairman put the counter proposal to the vote and this was defeated. The Chairman then put the original proposal to the vote and Councillors Bastiman, Snow and Watson voted in favour with Councillors Pickersgill, Ridley and Miller voting against. The Chairman then cast his vote in favour and declared that the proposal was carried.
It was RESOLVED that:
- the Parish Council relinquishes its Trusteeship of the Community Hall to new trustees with effect from 1 April 2010
- seven Trustees be appointed, three of which shall be Councillors; the remaining four to comprise independent persons
- Councillor Trustees shall not be appointed as Chairman or Vice Chairman of the new Trustees
- the new Trustees shall be responsible for the Community Hall from 1 April 2010 and for its administration, caretaking and financial arrangements which will be separate from the Parish Council from that date
- the Clerk and RFO be authorised to carry out the necessary advertising procedure seeking new Trustees from 1 April 2010 and to invite those who had expressed an interest previously in being nominated
18/10 POST OF CLERK AND RFO
Further to Minute number 258/09 of the last meeting, the Chairman, Vice-Chairman and Councillor B Miller reported on the retirement of the post holder and the advertisement procedure for the impending vacancy of Clerk and RFO. The Council also took into account minute 17/10(iv) above when considering this matter.
Councillor Watson insisted that the vacancy must be advertised as Council had a legal duty to do so. The clerk expressed the view that he was not aware of any legal obligation to advertise the vacancy.
It was RESOLVED that the vacancy be advertised in the Yorkshire Post, Scarborough Evening News and via YLCA and the clerk was asked to make the necessary arrangements after agreeing the advertisement wording with the Chairman and or members of the recruitment sub committee.
There being no further business on the agenda the Chairman declared the meeting closed at 9:30 pm