4194 REPORT OF THE COUNCIL MEETING HELD IN THE ASSEMBLY ROOMS, THORNE ON TUESDAY 9th SEPTEMBER 2014 AT 7.00PM. Present: Cllr. R. S. Durant (Chair) Cllrs. D.Barton, C.Blackham, J.Blackham, S. J.Durant, A.Farrand, M Houlbrook, A Jones, R.Porter, R.Powell and R.Walker. 4 members of the Public. 2649. APOLOGIES Apologies were received from: Cllr A.Brookes – Personal Cllr G.Derx – Personal Resolved: That the apologies be accepted. 2650. DECLARATIONS OF INTEREST AND DISPENSATIONS Cllr R Walker declared an Interest to item 2653 (xvi) 2651. MINUTES Consideration was given to signing the minutes of the Policy and Resources Committee meeting held on Tuesday 15th July 2014, pages 4167– 4175. RESOLVED: That the minutes be signed. 2652. MATTERS RAISED BY THE PUBLIC None 2653. PLANNING APPLICATIONS i) 14/01318/FUL Retrospective application for erection of boundary wall (1.5m max height) to replace existing (1.2m high) at 92 Grange Road, Moorends for Rafal Zastrozny. RESOLVED: That an objection be raised on the grounds of highway safety due to the loss of visibility on corner plot. ii) 14/01717/FULFT Erection of single storey pitched roof extension to rear and erection of detached garage in rear garden of semi-detached house following demolition of existing at 5 Hatfield Road, Thorne for Mr S Bailey. RESOLVED: No observations. iii) 14/01707/FUL Alterations to mid-terrace property to form improved single person supported living accommodation at 5 Foundry View, Queen Street, Thorne for The Hesley Group. RESOLVED: No observations. iv) 14/01715/FUL Erection of detached house and outbuildings on approx. 0.8ha of land, following demolition of existing dwelling and outbuildings at Double Bridges Farm, Moor Road, Thorne for Mr and Mrs Lancashire. RESOLVED: No observations. 4195 v) 14/01831/FULFT Erection of single pitched roof extension to side of detached farm dwelling (being resubmission of application previously granted under ref: 14/00872/FULFT on 09.07.2014) at Long Meadows Farm, Moor Edges Road, Thorne for Mt T. Raywood. RESOLVED: No observations. vi) 14/01870/FUL Erection of one bungalow (without compliance with Condition 2 of planning application D/77/1687/P granted on 01/01/1977 – remove agricultural occupancy condition) at Nunmoor Farm, High Bridge Road, Thorne for Mr A Temperton. RESOLVED: That an objection be raised on the grounds that non-agricultural housing development is inappropriate in the Countryside Policy Area. vii) 14/01892/ADV Display of internally illuminated sign (7m x 1.5m) at Capitol Park, Omega Boulevard, Thorne for Henry Boot Developments Ltd. RESOLVED: No observations. viii) 14/01865/FUL Erection of pitched roof single storey extension to rear of detached bungalow at 14 Park Crescent, Thorne for Mr P Bell. RESOLVED: No observations. ix) 14/01832/COU Retrospective application for the change of use of residential dwelling (Class C3 to registered Residential Care Home providing social and personal care for 3 adults with Autism and/or other complex needs (Class C2) at 2 Bloomhill Road, Moorends for Autism Plus Ltd. RESOLVED: No observations. x) 14/01974/OUT Outline application for the erection of two 2 storey 4 bedroom detached houses with integral garages on approx. 0.06 ha of land (Approval being sought for access, layout and scale of development) for Woodside Home Ltd RESOLVED: No observations be raised to the application, but the Clerk will investigate any implications for the pond feeder pipe. xi) 14/01833/OUTM Outline application for the erection of 28 dwellings on 0.72ha of land with associated access roads, footpaths and landscaping (some matters reserved – approval being sought for layout) on land on the North East side of Alexandra Street, Thorne for Mr A. Cutts. RESOLVED: The application be supported as it provides new investment and is in line with the emerging Neighbourhood Plan . xii) 14/01878/3DEM Demolition of detached building (Being application under Regulation 3 Town & Country (General) Regulations 1992) on Land and buildings on buildings on the North Side of Church Street, Thorne for DMBC. RESOLVED: No observations. xiii) 14/01957/REM Details of access, appearance, landscaping, layout and scale of design for refurbishment of existing building to form 4 units being matters reserved in outline application previously granted permission 4196 under ref 10/03149/OUTM on 16/12/2011) on Plot C, Capitol Park, Omega Boulevard, Thorne for Henry Boot Developments Ltd. RESOLVED: No observations. xiv) 14/00023/REF – Planning Appeal Outline application for erection of detached dwelling on approx. 0.05ha of land (All Matters Reserved) on land to the rear of 1 Bloomhill Road, Moorends for Mr J Abbott. RESOLVED: No further observations be made as the Council’s previous comments will be considered as part of the appeal xv) 14/01893/FUL Siting of portable building (6.1m x 2.4m approx) for storage and refreshment purposes at Memorial Park, South Parade, Thorne for Thorne-Moorends Town Council. RESOLVED: No observations. xvi) 14/01584/FULM Erection of 16 dwellings following demolition of public house on approx. 0.48ha of land off site of former Rising Sun Public House, Hatfield Road, Thorne for Mr N Walker. RESOLVED: The Council supports the housing development on this site, but has the following issues: 1. The Council has a legal right of access over the east of the site. This should be surfaced appropriately for use by tractors and other heavy vehicles undertaking maintenance on the Toll Bar Ground. 2. Services should be provided in such a way that they could be used by a changing facility/ pavilion on the Toll Bar Ground. This should be included as part of the S106 requirements. 3. The development should include an appropriate level of affordable housing 2654. FINANCIAL REPORT Consideration was given to the financial report to the end of Month 4. The Clerk reported that at the moment expenditure is within the approved budgets. The Clerk drew attention to two areas of additional expenditure – Winning Post (works to the toilets where a significant damp issue had been identified) and the Community Centre (costs of a new boiler as the previous one had failed). RESOLVED: That the Clerk’s report be noted. 2655. ACCOUNTS PAYABLE Consideration was given to the Accounts Payable to 31st July and 31st August 2014. RESOLVED: That the Accounts Payable be approved. 2656. COUNCIL VACANCY At Policy and Resources Committee on 15th July 2014 a Council vacancy was formally declared. The Elections Officer at Doncaster MBC was advised, and the process commenced to fill the vacancy. Following the 14 day notice period I was advised by the elections officer that there had been no call for an election, and that the Council was free to co-opt. The Clerk said that Councils are free to follow whatever processes they feel appropriate to fill vacancies by co-option. He reported that to start the process, he had publicised the vacancy using the method agreed by the Council when the last co-option took place. This requires anyone interested in becoming a Councillor to fill in an Expression of Interest form for consideration by the Council. Two Expression of Interest forms had been received and circulated. 4197 RESOLVED: That Lisa Hinchcliffe be co-opted to the Council 2657. COMPLAINTS PROCEDURE The Clerk reported that he had received correspondence from NALC/ SLCC recommending that Councils review and update their complaints procedures. The complaints procedure covers complaints against the Council rather than against Councillors (which would be dealt with through the Code of Conduct). The Clerk reported that he had prepared a proposal which uses the template recommended by NALC. The expectation under this procedure is that the majority of any complaints are dealt with by the Clerk or Council staff. It will only be situations where the complainant is dissatisfied with the response given, or wishes to make a complaint against the Clerk that the Councillors will get involved. It is worth noting that a complaint requiring this type of escalation has not been received for some time. At present there is no standing Complaints Committee. It is recommended that one is established comprising the Leader, Deputy Leader and an additional Councillor. As a small Committee it would only be quorate if all Members are in attendance. Matters would only be escalated to full Council/ Council Committee if the Complaints Committee are unable to satisfy the complainant. The Council/ Council Committee will make the final decision on any complaint, and there is no further appeal. RESOLVED: That 1. The revised Complaints Procedure be adopted by the Council. 2. A standing Complaints Committee be established comprising the Leader, Deputy Leader, Mayor and 1 additional Councillor. This would have a quorum of 3 Members. 3. Cllr Joe Blackham be agreed as the additional Councillor for 2014-15 2658. OPENNESS OF LOCAL GOVERNMENT BODIES REGULATIONS 2014 The Clerk reported that the Openness of Local Government Bodies Regulations 2014 came into effect on 6th August 2014. This covers 2 areas: a) The recording of meetings – covers the use of a variety of media to record Council meetings. b) Written record of an Officer’s delegated decisions. A guidance note prepared by Yorkshire Local Councils Association was circulated. Recording of Meetings The following actions and issues were considered: Currently Standing Order 1(m) states that “Photographing, recording, broadcasting or transmitting the proceedings of a meeting by any means is not permitted without the Council’s prior consent”. This paragraph will need deleting. Managing the use of any recording equipment etc. Annex 1 below has been prepared by NALC and the Clerk said that he had amended it for consideration by the Town Council. Government guidance has stated that any recording should not interfere with the running of council meetings. Written record of an Officer’s delegated decisions a. This covers 3 areas: i) Grant permission or licence; ii) Affect the legal rights of an individual; iii) Award a contract or incur expenditure which, in either case, materially affects the council’s financial position. 4198 b. Guidance on this issue is that management and operational decision do not need to be recorded – for example authorisation for a contractor to carry out repairs using an approved budget. The Clerk said that, in his opinion, the guidance at the moment is ambiguous – for example the government have indicated that Cemetery deeds do not need to be included, and NALC guidance suggests that termination of an allotment tenancy should be recorded, despite these both being land ownership issues. c. The Clerk said that in his view the only way to deal with this is to rely on the discretion of the Clerk to record anything that seems appropriate. RESOLVED: That 1. Standing Order 1 (m) be deleted. 2. The rules for effective management of recording at council meetings be adopted 3. The Clerk be authorised to record any decisions that he feels fall within the categories in the regulations. 2659. CHRISTMAS LIGHTS CONTRACT 2014-17 At Policy and Resources Committee on 15th June 2014 it was agreed to establish a Christmas Lights Sub Group to consider Lights provision for 2014-17, and to approve a supplier. This group met initially on 16thJune 2014 when proposals from 4 suppliers were considered. It was agreed that Blachere be appointed as the Council’s supplier for Christmas Lights’ for 2014-17, and that a further meeting be arranged to discuss the final details including the possibility of further illuminations in the Market Place and Moorends, and Christmas Trees. The follow up meeting took place on 12th August when the following was agreed: a. The appointment of Blachere on a 3 year lease contract with the following costs: 2014-15—£15,965.80 plus VAT (including purchase items – excluding storage 2015-16—£14,776.80 plus VAT 2016-17—£14,776.80 plus VAT This covers the same areas as last year, plus 8 additional columns on Marshland Road in Moorends. There would be a new feature in the Market Place, and the light ceiling and Park tree lights will be renewed. b. There was not sufficient budgetary provision for a real tree. In addition it was difficult to identify a site that would not obstruct other activities. c. The provision of shop based trees be explored subject to this being cost neutral to the Council. The Lights switch on is being held on Friday 5th December. RESOLVED: That the appointment of Blachere by the Christmas Lights sub Group be endorsed at the following costs: 2014-15—£15,965.80 plus VAT 2015-16—£14,776.80 plus VAT 2016-17—£14,776.80 plus VAT 2660. TOILETS – THE GREEN CONTRIBUTING THIRD PARTY PAYMENTS An application to WREN for a contribution of £31,194.89 towards the refurbishment of the toilets at The Green, Thorne has been submitted. WREN has advised that a decision is anticipated in November. As part of the application process WREN require a Contributing Third Party (CTP) contribution. This is different from match funding. Under the Landfill Communities Fund, FCC Environment can donate a small percentage of the landfill tax they collect to WREN to fund suitable projects. Of this the Government only allows FCC 4199 Environment a 90% credit against this amount. In order to mitigate the losses incurred by participating in the Scheme, FCC Environment (as a condition of providing WREN with the landfill tax money) requires project applicants to secure the help of eligible ‘Third Parties’ who will reimburse them with an amount equal to 10% of the cost of the funding committed. In addition to the level of the grant this also takes into account the automatic levy charged by the Scheme’s regulator ENTRUST, together with a proportion of the costs associated with administering the funds. For this application the CTP cost would be £3,431.44 if the application is successful. The only realistic source for this funding is the Town Council. The Clerk said that he had included it in the application to prevent delay. This would count as revenue expenditure. The amount would vary if the grant offer is different to the requested funding. RESOLVED: That a Contributing Third Party contribution of up to £3,431.44 be approved for payment should the WREN grant for the Toilets at The Green be successful. 2661. STANDING ORDER 1C - ADMISSION OF PUBLIC AND PRESS Consideration was given to the implementation of Standing Order 1c (exclusion of press and public) in view of the confidential nature of the business about to be transacted. RESOLVED: That Standing Order 1c be invoked due to consideration of a confidential matter. 2662. STAFFING ISSUES The Clerk reported that in May 2013 the Council took on 2 Apprentices, an Office Apprentice and an Apprentice Gardener. The Office Apprentice left the Council in June having successfully achieved a full time appointment elsewhere. The remaining apprentice post runs until November 2014. Whilst the 2 Apprentice posts have been helpful, the loss of the gardener post would be most missed as it not only provides more capacity for outdoor work, but has also introduced some new skills, particularly on the gardening/ horticultural side. With the post ceasing in 2 months there is a need to consider its future. Honoraria The council’s Grounds Supervisor Dean Boyer worked up to 2am following the World War 1 Vigil to clear the site. Staff are paid overtime at a rate of 1.5 times the hourly rate. This formed an exceptional contribution to this event and is worthy of an honorarium to recognise the work. The Clerk is contracted for 21.5 hours per week which is usually undertaken from Monday to Wednesday. Any out of hours meetings are recorded on a timesheet and can be claimed as time off in lieu as the post is not entitled to overtime. However due to the recent volume of Council activity the lieu time has built up to over 37 hours. It is not realistic that this is taken without affecting the service that the Clerk is able to give. A one off payment to reduce this “surplus” based on the current hourly rate of £17.22 would cost £430.50. RECOMMENDED that: 1. The Apprentice Gardener be moved to a permanent post with the Council, with the job description and salary scale to be considered at the next meeting. 2. The Clerk advise on the costs of taking on a further apprentice. 3. An honorarium of £200 be paid to Dean Boyer in acknowledgement of the work undertaken during anti-social hoursfor the WW1 Vigil. 4. An honorarium of £430.50 be paid to the Clerk to cover 25 hours out of hours working. End of meeting Council meeting 9.9.14