Parish Council Minutes March 28th 2006
Littlethorpe Parish Council
Minutes of the Parish Council Meeting held on Tuesday 28th March 2006
in the Quarry Moor Recreation Centre at 7.30pm.
Present:
Mrs. W. Orme (Chair)
Mr. J Wardle
Mr. C. Laker
Mr. D. O Connell
Mrs. J. Jowitt
District Cllr. I. Galloway
Mr. W Lupton (Clerk)
1. Apologies
None received
2. Declaration of interest
Cllr. Laker declared a personal interest in item 10 as he believed he had been reported to the Standards Board of England and if so would be unable to fully participate in the meeting. Cllr. Orme confirmed this was not the case and that no report had been made.
Cllr. O Connell declared an interest in Item 15, Parish Plan, as he is on the committee.
Cllr. Orme declared an interest in Item 15, Parish Plan, as she is also on the committee. She also declared an interest in item 10, the Standards Board Report
3. Adoption of minutes Tuesday 24th January 2006
The minutes were adopted with the proviso that some alterations were to be made as requested by Cllrs. O Connell and Laker. These would be done and circulated to Councillors after the meeting.
4. Chairmans Progress Report
The Chair informed the meeting of the progress of the Henry Boot development and its possible implications on traffic flow and road safety.
She also informed the meeting of the Standards Board report which would be detailed in item 10.
5. County Councillors Report
None received.
6. District Councillors Report
Cllr. Galloway made the meeting aware of a planning development being proposed by estate agents Lister Haigh. He expressed a view that this was very much a potential site at this stage and was possibly part of a rolling program of development being advocated by Harrogate Borough Council.
He also made it clear that he is always available to residents who may wish to discuss individual concerns.
7. Treasurers Report
a) Accounts to date
b) Potential new Bank account
The Clerk informed the meeting that the Yorkshire Bank had no alternative high interest accounts suitable for the Parish Council. He was asked to research other financial institutions to see if any alternative account was available.
c) Grass cutting contribution
The clerk confirmed that he had written to H.B.C. (20/02/06) to request payment of the 2005/06 grant and to chase the non-payment of 2004/05. To be reported on at next meeting.
d) Sfc item on accounts
This item is for the second bank statement provided to the Chair.
e) Village Hall deeds
The clerk confirmed that he had written to Hutchinson Buchanan (20/02/06) regarding the missing accounts but no reply had been received. Clerk to follow up.
f) Procedural time frame for year-end accounts.
The clerk confirmed that the accounts would be finalised after the year-end and that a meeting would be held by Councillors to confirm their validity before being passed on for internal audit and presentation at the next meeting. A budget for 2006/07 was also being prepared.
8. Parish Clerk
Employer role
Cllr. O Connell requested confirmation that the clerk was an employee of the Parish Council and not H.B.C. This was confirmed.
9. Correspondence
Letters were read from Iris Alderson regarding gulley emptying in the village (clerk to write to Highways) and Agenda format for meetings.
A letter was read from Christine Winterburn regarding the outcome of the Standards Board report
10. Standards Board Report.
The Chair read out the following statement:
Whilst people may have further questions about the investigation, I am prohibited from disclosing the full contents of the Confidential Report.
Only three people possess copies of this confidential report outside the Standards Board for England - namely the Monitoring Officer for Harrogate Borough Council, John Edmonstone and myself.
The only matters that are allowed to be disclosed are the Findings and the Summary that is published on the Boards website - the Board has given permission for Para 5.8 of the Confidential Report to be disclosed for clarification of their findings.
If anybody has any further inquiries feel free to direct them to the Board.
For those of you who wonder why a report was made to the Board, all Councillors are subject to the Model Code of Conduct, which states at Para 6.A member must, if he becomes aware of any conduct by another member which he reasonably believes involves a failure to comply with the Authoritys Code of Conduct, make a written allegation to that effect to The Standards Board for England as soon as it is practicable for him to do so. This compels me to make a report. The Board accepted it was worthy of investigation and upheld the complaint.
In this case, the incident was brought to the Monitoring Officers attention first by the District Councillor and the County Councillor - not by myself.
At the moment this duty to report remains a compulsion, and is a statutory requirement. This aspect of the Code is, however, currently being reviewed as so many people are objecting to being compelled by law to complain - a point that I wholeheartedly endorse.
I find it regrettable that this incident has had to be subjected to this procedure, and that it has stirred up so much animosity towards the Parish Council - it is a route I would not have chosen - the legal obligations gave me no options.
Now the findings are finally in the public domain, for the good of the village as a whole, a line has to be drawn and everyone given a chance to move forward and make peace.
She then proceeded to read out the following letter from her lawyer who handled the case on her behalf:
Further to our recent telephone conversation, I enclose herewith a copy of the Case Summary following your complaint to The Standards Board for England. This Summary has been prepared by the Board and its content can be relayed to the Parish Council and other interested parties.
I would remind you that the contents of the full Report are deemed to be confidential and there are restrictions on the disclosure of information obtained within Section 63 of the Local Government Act 2000. You will note that a person who discloses information without the necessary authority is liable (a) on summary conviction to imprisonment for a term not exceeding 6 months, or (b) on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine or to both.
The Ethical Standards Officer upheld your complaint that Councillor Edmonstone had failed to declare a personal and prejudicial interest and should have withdrawn from the meeting.
Regarding the second complaint regarding Councillor Edmonstones demeanour when addressing the meeting. I have obtained authority from The Standards Board to disclose paragraph 5.8 of the Ethical Standards Officers conclusion as follows:
5.8 I have some contradictory evidence on Councillor Edmonstones demeanour when addressing the meeting. However, I do not consider it in the public interest to investigate the matter further in an attempt to resolve the conflicting accounts. I say this because Councillor Edmonstone is no longer a Councillor. I do not therefore have the option of referring the matter to the Standards Committee of the relevant Local Authority, for determination of whether there was a breach of the code and for possible sanction. I consider the alternative option, of referring the matter for determination by the Adjudication Panel for England, to be disproportionate to the degree of seriousness of the alleged breach of the code.
There is little further that The Standards Board for England can do in all the circumstances as Councillor Edmonstone has resigned his position as a member of the Council. The Officer has found that no further action needs to be taken.
I also enclose herewith the Parish Councils (Model Code of Conduct) Order 2001. It is worth reminding members of the Parish Council of their duty to observe the Authoritys Code of Conduct set out in paragraph 1. It is also important to draw to their attention paragraph 6:
A member must, if he becomes aware of any conduct by another member which he reasonably believes involves a failure to comply with the Authoritys Code of Conduct, make a written allegation to that effect to The Standards Board for England as soon as it is practicable for him to do so.
This is a duty which in its current form compels Members to submit a Report to the Board if they reasonably believe there is a failure to comply with the Code of Conduct.
Finally she read out the findings of the Standards Board:
It was alleged that Councillor John Edmonstone failed to declare a personal interest and withdraw from the room when a letter from the village hall committee was discussed at a council meeting on 11th January 2005. Councillor Edmonstone allegedly had an interest in the matter as he was a member of the village hall committee and the latter concerned the conduct of a fellow council member who was the councils representative on the committee. It was also alleged that Councillor Edmonstone failed to treat a member with respect during the meeting, to try to make her resign from the committee.
The Ethical Standards Officer considered that Councillor Edmonstone did have a prejudicial interest in the matter concerning the village hall committee, because he was a member of the committee, was committed to its success, and supported the view that a member should resign. The Ethical Standards Officer therefore considered that Councillor Edmonstone had failed to declare a personal and prejudicial interest and should have withdrawn from the meeting.
The Ethical Standards Officer considered that members are entitled to criticize fellow members and that Councillor Edmonstones behaviour towards his fellow councillor did not go beyond the bounds of normal political debate. The Ethical Standards Officer considered that based on the evidence available Councillor Edmonstone did not use his position improperly when he mounted a political attack on the member, nor did he fail to treat her with respect.
The Ethical Standards Officer considered that the matter was not serious enough to be referred to the Adjudication Panel for England and it was not possible to refer the matter to the relevant local standards committee as Councillor Edmonstone was no longer a member of the council.
In these circumstances the Ethical Standards Officer found that no action needs to be taken.
Cllr. Wardle welcomed the report and expressed a view as to how sad he was that it had caused such pain and anguish in the village. He now hoped that a line could be drawn and that it could be put behind us and allow the village to move on and confront the key issues facing the village.
Cllr. O Connell asked that if this was to happen again that the Parish Councillors be informed at the time as it was a very unsatisfactory way of handling such a sensitive issue.
Cllr. Galloway confirmed that there had been no other choice at the time and that it was not legally possible for other Councillors to be informed at the time.
11. Public Time - 15 min.
A general discussion with items from the floor took place but is not minuted.
12. Planning Applications received for consultation:
a) Sunnyside
b) Henry Boot
c) RMBC Track for launch crane. No objections.
13. Planning Permission Decisions
a) Mankin Lane - approved
b) Wycke Lodge - approved.
14 Appeals
a) None
15. Parish Plan
Finance
It was confirmed that to date no money had been received. Cllr. Laker expressed concern that the Parish Council was committed to donating 5% of this amount to the Parish Plan and requested confirmation that this was the case.
Appointment of Parish Council representatives.
(At this stage Cllrs. Orme and O Connell temporarily left the meeting as they had an interest.)
A letter has been received from Richard Sutcliffe formally requesting that Cllrs. Orme and O Connell join the steering committee. It was agreed that Cllr. O Connell becomes the formal representative of the Parish Council.
16. Memberships
S.L.C.C.
The clerk was asked to research the costs of joining (£45.00) and the Service subscriber option (£30.00)
17. Truss Loft Mankin Lane development.
At this stage the Chair was unable to give any further update.
18 Roads and Footpaths
a) Progress on application to make canal towpath a public right of way
Cllr. Orme confirmed that a number of forms which she had received were being forwarded but was not aware of any others being sent from other sources. Cllr. Laker was concerned that the opportunity to include the track running from Littlethorpe Road to the canal past R.M.B.C. had been missed. It was agreed that this could be followed up later.
19. Quarry Moor
Concern was raised that the fortnightly recycling pick up was no longer being made in Quarry Moor. This may be a result of a change of contractors and Cllr. Galloway agreed to take this up with H.B.C.
The clerk read out a letter from N.Y.C.C. confirming that no action would be taken on the road safety issue until after the 2007/8 financial year as no traffic incidents resulting in personal injury had been recorded at this junction. The clerk was asked to write again expressing the Councils concern and alternative funding should be sought. Quarry Moor residents expressed concern over a number of outstanding issues at the Park. The Chair asked that a list of these be given to Sylvia Brierly and then passed to the clerk.
20 Proposed biker gathering - Racecourse
Cllr. O Connell informed the meeting that Ripon Racecourse had applied for an extension to its licence from the current one hour after dark to 3.00 am. Concern was expressed by Councillors as to the levels of noise and nuisance this may generate. It was suggested that the Parish Contact leaflet has telephone numbers on it for contact in case of this occurring.
21. Amendments to Standing Orders.
None necessary at present.
22. Supplementary Planning Document
Nothing to report until June.
23. Community Emergency Plan
Cllr. Laker to report at next meeting.
24. Parish Council Contact Leaflet
Information on leaflet and costs.
It was agreed that this should be produced in house rather than incurring printing costs.
25. Parish Web site
The new web site was praised by all the Councillors.
26 Affordable Housing
Cllr. Laker reported that a consultant had now been appointed and a full survey was being undertaken to assess the need for affordable housing. Until this report is published no further action is necessary.
27. Village Hall
It was proposed by Cllr. Wardle and seconded by Cllr. Laker that Cllr. Jowitt remains as the village hall representative.
The Village Hall Committee, through Cllr. Jowitt, thanked Cllr. Garnett for arranging a £500.00 contribution towards the building of a new fence.
A premises licence has now been granted.
The clerk was asked to chase the installation of direction signs to the Village Hall.
28. Railway update.
The clerk was asked to write to Andrew Eason to arrange a meeting with the Parish Council to discuss the Arup report.
29 Parish Consultation with Harrogate Borough Council
Cllr. Laker expressed their concern over the lack of a link between H.B.C. and the Parish Council. Cllr. Orme advised that at the recent meeting she had been informed by Cllr. Cooper that Mr. Sykes had been appointed to the role and had assured her that the Parish Plan would be adopted as supplementary guidance. Cllr. Galloway, who was at the meeting, confirmed that this was the case.
30. Roundabout
It was confirmed that in future Roundabout would be unable to report on Parish Council meetings due to lack of space. However the full Minutes, after approval, will be published on the village web site.
31 Harrogate Spring Clean.
It was agreed not to become involved in this event. However concern was raised over fly tipping in Mankin lane
32. Pinfold
Cllr. Laker confirmed that help would be available from the young offenders program at no cost apart from equipment and materials. The clerk was asked to arrange a meeting between the Chair, Cllr. Wardle and himself with a representative to confirm requirements and possible dates. Cllr. Laker expressed some unease as to the progression of the Pinfold restoration and requested that he no longer be the Councils representative. Cllr. Wardle suggested that a simple restoration at minimum cost should go ahead with a plaque installed giving readers a history of the Pinfold.
33. Chairmans Summing-up
The Chair finished the meeting by thanking all those attending for coming, especially the residents of Quarry Moor, and for staying so long!
She hoped that a line had now been drawn once and for all under the Standards Board report and that the Parish Council could now move ahead.
34 Future Diary
May 23rd 2006 (incl. AGM /APM)
July 18th 2006
October 10th 2006
The meeting closed at 10.05 pm.
Councillor Lakers amendments to 28th March 2006 Littlethorpe Parish Council minutes.
2. Declaration of interest
Cllr. Laker read out an email he had received from Cllr. Ormes solicitor.
3. Adoption of minutes Tuesday 24th January 2006
Cllr. Laker questioned Cllr. Wardles involvement with the Standards Board correspondence. The clerk reminded the meeting that Cllr. Wardle had provided information about protocol and procedures obtained from the Standards Board web site.
Cllr O Connell requested that the amendments should be shown to Cllrs. Before incorporating and adoption. Cllr. Galloway said that the amendments should be shown at the next meeting and signed.
6. District Councillors Report
Cllr. Galloway informed the meeting that the next meeting of the Development Framework plan was the 4th April.
He made the meeting aware of a planning development being proposed by estate agents Lister Haigh. He expressed a view that this was very much a potential site at this stage and was possibly part of a rolling program of development being advocated by Harrogate Borough Council. He would provide copies of the information to the Parish Council. He also made it clear that although he does not hold surgeries he is always available to residents who may wish to discuss individual concerns.
7. Treasurers Report
Bank statements are awaited to allow accounts to be finalised. The invoice from the CPRE covering April to October 06 will be included in next years accounts.
9. Correspondence
Cllr. Laker asked why the letters from Mr and Mrs Tite had not been included in correspondence. The Chairman reported that only correspondence addressed to the Clerk were to be included under the correspondence agenda item.
12. Planning Applications received for consultation
RMBC Track for launch crane. No objections. The bad state of the track to RMBC was raised and it was agreed that the clerk would write to RMBC to see if improvements to the track could be made in conjunction with the other work.
13. Planning Permission Decisions
Cllr Laker queried the why the Parish Council had not responded to the Ashbrook planning application. The clerk stated that this was because the application had been withdrawn before the closing date of the application.
15. Parish Plan
Cllrs. Orme and O Connell temporarily left the meeting at the start of this agenda item as they had an interest.
It was agreed that only one representative from the parish council was necessary and Cllr. OConnell was proposed and seconded.
16. Memberships
It was agreed that the subscription to the Yorkshire Local Council Association would not be renewed. It was also agreed that the Council would join the Society of Local Council Clerks.
17. Truss Loft Mankin Lane development
The Chairman was asked what the other options were that had been intimated by her. She advised that she was not able to divulge these to the public or fellow Councillors at the moment.
18. Roads and footpaths
Cllr. Laker was concerned that the opportunity to include the track running from Littlethorpe Road to the canal past RMBC had been missed. It was agreed that this could be followed up later.
19.Quarry Moor
Quarry Moor residence expressed concern over the number of outstanding issues at the Park. The Chairman asked that a list of these be given to Sylvia Brierley and then passed to the Clerk.
20. Parish Consultation with Harrogate Borough Council
Cllr. Laker expressed his concern over the lack of consultation between the Chairman and Councillors in allowing them to formulate questions for this meeting
30 Roundabout
There was scope for the occasional important news items and it was emphasized that items for inclusion and any other matters regarding Roundabout should be forwarded to the sub editor, Liz Tite, and not the editor. Back to top