Agenda, decisions and minutes

At this point, Members are asked to declare any personal or prejudicial interest they may have in the business on this agenda.

Members were invited to declare at this point in the meeting any personal or prejudicial interests they might have in the business on the agenda.

Cllrs Waller, Runciman, Sue Galloway and Steve Galloway each declared a personal, non prejudicial interest in agenda item 7 (Urgent Business – Thriving City: Action Plans) as members of the York Credit Union.

To approve and sign the minutes of the meeting of the Executive held on 21 October 2008.

RESOLVED: That the minutes of the Executive meeting held on 21 October 2008 be approved and signed by the Chair as a correct record.

At this point in the meeting, members of the public who registered their wish to speak regarding an item on the agenda or an issue within the Executive’s remit can do so.  The deadline for registering is 5:00 pm on Monday 3 November 2008.

It was reported that there had been no registrations to speak at the meeting under the Council’s Public Participation Scheme.

To receive details of those items that are listed on the Executive Forward Plan for the next two meetings.

Members received and noted details of those items that were currently listed on the Forward Plan for the next two Executive meetings.

This report outlines the current understanding of the Council’s aims and objectives in respect of the Castle Piccadilly area, explains the legal position (particularly in relation to procurement) on the options open to the Council in achieving its objectives and seeks approval for a recommended course of action.

RESOLVED: (i)         That the Council’s aims and objectives be confirmed as:

a)                 To achieve best consideration for its land;

b)                 To achieve the Council’s vision and planning objectives as set out in the planning brief, including a high quality development which helps to meet the retail needs of the City;

c)                  A development that is viable and helps to deliver wider planning objectives for the area, e.g. provision of quality civic and open space, links across the river, riverside paths and relocation of the Castle car park; and

d)                 To achieve the comprehensive regeneration of the Castle Piccadilly area.

(ii) That the commencement of a works concession procurement process to support the bringing forward of possible alternative developer solutions in a fair, transparent and proportionate manner, be approved.

(iii) That authority be delegated to the Director of City Strategy, iin consultation with the Director of Resources, to approve a set of criteria upon which the procurement competition process will be measured.

REASON:      In order to achieve the Council’s objectives whilst complying with the Council’s own rules and the current regulatory framework.

Members considered a report which outlined the current understanding of the Council’s aims and objectives in respect of the Castle Piccadilly area, explained the legal position on the options available to achieve these objectives and set out a recommended course of action.

It was understood that the Council’s objectives were as set out in the planning brief for the site, adopted in 2006, and also to obtain best consideration for the land.  Members were asked to confirm that this was still the case.  The majority landowner in the Castle Piccadilly area was currently La Salle, who had appointed Centros as development managers.  Legal advice was that, in the light of the 2007 case of Jean Auroux v Roanne, it was no longer an option for the Council to enter into direct negotiations with a potential developer prior to selling the land to them with a Development Agreement.  Should the Council wish to achieve something more than simply payment for the land, then the Procurement Regulations 2006 would apply.

Under these Regulations, different procedures were applicable, depending on whether the public works were being delivered to or for the benefit of the Council, or whether they were, in part, concessionary in nature.  In this case the latter applied and it was therefore recommended that a works concession process be adopted, in order to progress the Council’s aims and objectives.  This would enable the Council to negotiate with potential developers and could include public consultation.  The successful bidder would have to undertake a competitive tender process to locate sub-contractors.

Officers confirmed that the legal costs associated with the Procurement Regulations could be up to £50k.  Members noted that representations had been made to one of the region’s MEPs in respect of this additional burden on local authorities.

Having noted the advice of the Shadow Executive on this item, it was

RESOLVED: (i)         That the Council’s aims and objectives be confirmed as:

a)                 To achieve best consideration for its land;

b)                 To achieve the Council’s vision and planning objectives as set out in the planning brief, including a high quality development which helps to meet the retail needs of the City;

c)                  A development that is viable and helps to deliver wider planning objectives for the area, e.g. provision of quality civic and open space, links across the river, riverside paths and relocation of the Castle car park; and

d)                 To achieve the comprehensive regeneration of the Castle Piccadilly area.

(ii) That the commencement of a works concession procurement process to support the bringing forward of possible alternative developer solutions in a fair, transparent and proportionate manner, be approved.¹

(iii) That authority be delegated to the Director of City Strategy, in consultation with the Director of Resources, to approve a set of criteria upon which the procurement competition process will be measured.²

REASON:      In order to achieve the Council’s objectives whilst complying with the Council’s own rules and the current regulatory framework.

This reference report asks Members to consider a recommendation from the Executive Member for Neighbourhood Services to approve the service plans for food law enforcement, health and safety law enforcement and animal health enforcement.

RESOLVED: That the service plans for food law enforcement, health & safety law enforcement and animal health enforcement be approved.

REASON:      In line with Constitutional requirements and the recommendation of the Executive Member for Neighbourhood Services.

Members considered a reference report which presented a recommendation from the Executive Member for Neighbourhood Services to approve the service plans for food law enforcement, health and safety law enforcement and animal health enforcement.

The recommendation had been made at the meeting of the Executive Member and Advisory Panel (EMAP) held on15 October 2008.  A copy of the report considered at that meeting was attached as Annex A to the reference report.

Having noted the advice of the Shadow Executive on this item, it was

RESOLVED: That the service plans for food law enforcement, health & safety law enforcement and animal health enforcement be approved.¹

REASON:      In line with Constitutional requirements and the recommendation of the Executive Member for Neighbourhood Services.

Any other business which the Chair considers urgent under the  Local Government Act 1972.

The Chair has agreed to consider under this item a report which responds to a resolution made by the Executive at their last meeting, on 21 October, requesting detailed project plans for specific actions to assist the City of York during the current period of economic downturn.

Note:   This agenda was republished on 31 October 2008 to include the project plans (annexes A to E  to the above report)

RESOLVED: That the Action Plans set out in Annexes A to E be endorsed, subject to the following additional requirements:

a)     The Action Plan for Nurturing Talent / Enterprising York (Annex A) to include measurements of:

·        The attendance and participation levels at the events listed

·        The number of start up companies and the proportion of employees in the City who are self employed.

b)     The Action Plan for the Credit Union community savings points (Annex D) to include measurements of:

·        The number of customers attending each community savings point (CSP) per month, and the global number of presentations across all CSPs

·        Number of new accounts opened per CSP each month

·        Average balance of the accounts operated through the CSPs

·        Number and value of loans issued through each CSP.

REASON:      As part of the Council’s response to the current economic situation and to ensure careful monitoring of actions so that effective use is made of resources.

Members considered a report which responded to a resolution made by the Executive at their last meeting (Minute 101 refers), requesting detailed project plans for specific actions to assist the City of York during the current period of economic downturn.  The Chair had agreed to deal with this item as urgent business, so as to avoid any unnecessary delay in progressing the actions agreed.

Action plans were presented for proposals to:

• Establish a York Enterprise Fund to support existing and new local business (Annex A)
• Develop enterprise, entrepreneurship and skills in young people across the City of York (Annex B)
• Sustain activities previously undertaken by the York City Centre Partnership Company Ltd. (Annex C)
• Extend York Credit Union services into those communities where they were most needed (Annex D)
• Produce and distribute information to help people reduce the cost of living, reduce debt, maximise income and seek further support (Annex E).

In relation to the Enterprise Fund, it was noted that an investment of £50k by the Council could be increased to £250k due to direct engagement with Norwich Union, York Professionals and York Business Development.

With reference to the recommendations to Council made at the last meeting regarding funding for these proposals (Minute 104 refers), the Chair confirmed that any item requiring ongoing expenditure would need to be the subject of a growth bid as part of the budget setting process for the 2009/10 financial year.

Having noted the comments of the Shadow Executive on this item, it was

RESOLVED: That the Action Plans set out in Annexes A to E be endorsed,¹ subject to the following additional requirements:

a)     The Action Plan for Nurturing Talent / Enterprising York (Annex A) to include measurements of:

·        The attendance and participation levels at the events listed

·        The number of start up companies and the proportion of employees in the City who are self employed.²

b)     The Action Plan for the Credit Union community savings points (Annex D) to include measurements of:

·        The number of customers attending each community savings point (CSP) per month, and the global number of presentations across all CSPs

·        Number of new accounts opened per CSP each month

·        Average balance of the accounts operated through the CSPs

·        Number and value of loans issued through each CSP.³

REASON:      As part of the Council’s response to the current economic situation and to ensure careful monitoring of actions so that effective use is made of resources.