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 Reid and Moore announced that, as members of the Planning Committee, they would they would withdraw from the room during consideration of agenda item 5 (Proposed Big Wheel in North Street Gardens) under the provisions of the Planning Code of Good Practice, so as not to prejudice their consideration of any future planning application in respect of that item.

To approve and sign the minutes of the meeting of the Executive held on 23 December 2008.

That the minutes of the Executive meeting held on 23 December 2008 and the Executive (Calling In) meeting held on 6 January 2009 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 19 January 2009.

It was reported that there had been three registrations to speak at the meeting under the Council’s Public Participation Scheme.  Further requests to speak had been received from a Union representative and two Council Members. 

a) Item 5 – Proposed Big Wheel in North Street Gardens

John Heawood spoke against the proposal, on the basis of the size of the wheel and its unsuitability for a site within the City walls.  He urged Members either to reject the proposal now or to defer a decision pending consideration of other potential wheel operators and proper consultation with York residents.

Cllr Taylor spoke against the proposal, in his capacity as Heritage Champion, on the grounds that the site was unsuitable for a wheel of this size.  He suggested that the Council work with WTA to seek an alternative site or look at alternative attractions, such as a tethered balloon.

Philip Crowe spoke against the proposal, on the grounds that it conflicted with the new Sustainable Community Strategy and would not contribute to the City’s economy.

Lynn Aaron spoke in favour of the proposal, as the landlady of the nearby Yorkshire Hussar and a resident of North Street, on the grounds that the wheel would boost the local economy and improve security in the area.

Letters and e-mails received from members of the public and local businesses in respect of this item, comprising five in favour and three against the proposals, were also circulated to Members.

b) Item 9 – Review of Public Bus Services in York

Cllr Gillies spoke in relation to the concessionary travel proposals, urging Members to support the option to replace the anonymous token system with an auditable stored taxi card system (Option D on page 139 of the report).

c) Item 10 – Shared Service – Business Case

Heather Mackenzie spoke on behalf of UNISON.  She raised a number of concerns regarding the transfer of Council staff to the shared service company and sought clarification in respect of the terms and conditions of the new contracts, particularly the reduction of annual leave to pay for a performance related pay scheme, and the effect of the transfer on equal pay claims.

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

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

This report asks the Executive to consider a proposal to site the Yorkshire Wheel in North Street Gardens.

RESOLVED: (i)         That an agreement not be entered into with WTA to site the observation wheel in North Street Gardens.

                        (ii)        That the Executive reasserts its previous position that attractions of this sort are welcome in the City but need to be sited sensitively and without either prejudicing existing amenity provision or threatening the City’s visual heritage.

REASON:      This location is not considered suitable for the development, due to the potential damage to the historic environment, the limited size of the site and concerns about flooding and accessibility.

                        (iii)       That Officers be requested to consider, as part of the City Centre Local Development Framework build process, what guidance might be offered to developers who request  acceptable options for siting substantial structures of this type and / or other major leisure / visitor attractions.

REASON:      To ensure a fair and consistent approach.

                        (iv)       That Officers facilitate meetings to progress a new permanent visitor attraction to the City.

REASON:      So that potential attractions that may benefit the City can be properly considered and consulted on.

Members considered a report which presented a proposal to site a new observation wheel - the ‘Yorkshire Wheel’ - in North Street Gardens.

The operators, World Tourist Attractions Ltd. (WTA) had previously worked in partnership with the National Railway Museum (NRM) to operate an observation wheel on the NRM site.  Although successful, WTA had decided to re-locate for commercial reasons and now required a city centre site for a new wheel, in order to provide the views required for an exciting visitor experience.  Other sites in the city centre had already been considered and ruled out and WTA believed that North Street Gardens was the only remaining viable site for the wheel, which would be purpose built for York and similar to wheels installed by WTA in Windsor, Greenwich and Belfast.  Photographs showing wheels in other locations were annexed to the report, together with photographs and plans of the proposed site and a preliminary landscape assessment of North Street Gardens.

Members were invited to comment on WTA’s proposal, with particular regard to whether the Yorkshire Wheel would fit in with the City’s leisure policy, promote the visitor economy and enhance the leisure amenity of North Street Gardens as a public open space.

Members debated the matter and noted the comments of the Shadow Executive on this item, the comments made under Public Participation and the contents of the letters and e-mails circulated before the meeting.

Cllr Steve Galloway then proposed a set of recommendations based upon the rejection of WTA’s proposal.  Cllr Vassie then put forward an alternative recommendation, namely that the WTA’s proposal be accepted.  On being put to the vote, Cllr Vassie’s recommendation was declared LOST.  Cllr Galloway’s recommendations were then put to the vote and declared CARRIED and it was therefore

RESOLVED: (i)         That an agreement not be entered into with WTA to site the observation wheel in North Street Gardens.

                        (ii)        That the Executive reasserts its previous position that attractions of this sort are welcome in the City but need to be sited sensitively and without either prejudicing existing amenity provision or threatening the City’s visual heritage.

REASON:      This location is not considered suitable for the development, due to the potential damage to the historic environment, the limited size of the site and concerns about flooding and accessibility.

                        (iii)       That Officers be requested to consider, as part of the City Centre Local Development Framework build process, what guidance might be offered to developers who request  acceptable options for siting substantial structures of this type and / or other major leisure / visitor attractions.¹

REASON:      To ensure a fair and consistent approach.

                        (iv)       That Officers facilitate meetings to progress a new permanent visitor attraction to the City.²

REASON:      So that potential attractions that may benefit the City can be properly considered and consulted on.

Note: Cllrs Moore and Reid withdrew from the room during consideration of the above item and during the relevant part of the Public Participation item, as indicated under ‘Declarations of Interest’.  ...  view the full minutes text for item 153.

This report provides an update on the progress towards a Community Stadium for York and proposes an approach for the delivery of the initial stages of the project and an outline project structure. 

RESOLVED: (i)         That the progress made on the Community Stadium Project to date be noted.

                        (ii)        That the approach set out in paragraphs 7 to 20 of the report, and the outline project structure, be agreed so that it can be referred to the Partnership Group at its next meeting, in February 2009.

                        (iii)       That the Council be represented on the Project Board by the Executive Member for City Strategy.

REASON:      To enable the partnership to work effectively and to drive the project forward.

Members considered a report which provided an update on progress towards a Community Stadium for York and proposed an approach for the delivery of the initial stages of the project, and an outline project structure.

Further to the decisions made by the Executive on 9 September 2008, a project manager had been appointed and had started work on 17 December, thus providing an opportunity to progress the project ahead of schedule.  The Project Manager, Tim Atkins, was present at the meeting.  The Community Stadium Partnership Group had met for a second time and reached agreement on the approach to the structure, communications protocol, site selection, development of the business case, joint working and specialist support.  It would meet again in February to formalise the delivery framework and protocols. 

Details of a proposed project structure, including the proposed membership of the Partnership Board, Partnership Group and Internal Officer Team, were set out in paragraphs 7 to 12 of the report.  Information on work in progress to prepare a draft project plan, develop a detailed business case and ensure a clear communications strategy and risk management strategy for the project was contained in paragraphs 13 to 20.  Members would be informed in future update reports whether any further resources were needed to progress the project, in addition to the sum set aside in May 2008 to fund the project manager.

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

RESOLVED: (i)         That the progress made on the Community Stadium Project to date be noted.

                        (ii)        That the approach set out in paragraphs 7 to 20 of the report, and the outline project structure, be agreed so that it can be referred to the Partnership Group at its next meeting, in February 2009. ¹

                        (iii)       That the Council be represented on the Project Board by the Executive Member for City Strategy. ²

REASON:      To enable the partnership to work effectively and to drive the project forward.

This report seeks approval for a proposed response to the Spatial Options consultation carried out by the Regional Assembly as part of Partial Review of the Regional Spatial Strategy and sets out the next steps in the review process.

RESOLVED: That the proposed response to the Spatial Options consultation set out in the report and summarised in Annex B be approved for submission to the Regional Assembly by the end of January.

REASON:      The response reflects Members’ view, and that of other authorities across the region, that the RSS should not be reviewed at this early stage.

Members considered a report which sought their approval for a proposed response to the Spatial Options consultation carried out by the Regional Assembly (RA) as part of the Partial Review of the Regional Spatial Strategy (RSS) for Yorkshire and the Humber.  The consultation period ran to the end of January.

The review, entitled ‘The Housing Challenge, Yorkshire and Humber Plan – Update 2009’, was intended to examine how the region could accommodate housing growth, resulting from the Government’s 2007 Housing Green Paper.  A copy of the response already submitted by the Council to the RA’s initial Call for Evidence document was attached as Annex A to the report.

The Spatial Options consultation document considered three questions:

(1)               How much housing provision should be planned for the future?

(2)               How should it be distributed?

(3)               What options are there to accommodate this growth in each of the seven ‘sub-areas’?

These key questions were discussed in paragraphs 9 to 34 of the report and a proposed response to the consultation was summarised in Annex B.  Members were invited either to approve the response as drafted (Option 1) or seek amendments to the draft response (Option 2).

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

RESOLVED: That the proposed response to the Spatial Options consultation set out in the report and summarised in Annex B be approved for submission to the Regional Assembly by the end of January.¹

REASON:      The response reflects Members’ view, and that of other authorities across the region, that the RSS should not be reviewed at this early stage.

This report asks the Executive to endorse the current review of affordable housing policy in York through the Local Development Framework, and to note the affordable housing initiatives that are being prioritised by Housing & Adult Social Services following discussions with house builders and other housing stakeholders in York during 2008.

Note: Annex 1 to the above report has not been included in the printed papers but is available on the Council’s website and in the Members’ Library.

RESOLVED: (i)         That the outcomes of the Developer meetings and the Affordable Housing Workshop be noted.

                        (ii)        That Officers be supported in using the comments received in the Developer meetings and the Affordable Housing Workshop, along with comments received during the Issues and Options stage of the Core Strategy, to inform the Preferred Options Policy to be taken forward through the LDF, as agreed by the Executive in December 2007.

                        (iii)       That the affordable housing initiatives currently being prioritised by Housing and Adult Social Services following the discussions with house builders and from the affordably housing workshops, as well as new initiatives which will develop alongside the new Housing Strategy to be published in 2009, be noted.

REASON:      In accordance with the previous recommendations of the Executive and the Executive Member for City Strategy and to ensure that potential new initiatives are fully explored.

Members considered a report which asked them to endorse the current review of affordable housing policy in York through the Local Development Framework (LDF) and to note the affordable housing initiatives being prioritised by the Housing and Adult Social Services department, following discussions with house builders and other stakeholders.

The report followed on from the resolutions made at the Executive meeting on 18 December 2007 and the meeting of the Executive Member for City Strategy and Advisory Panel (EMAP) on 14 January 2008.  Members had agreed that affordable housing provision should be reviewed through the LDF process and had requested that cross-party dialogue be entered into with developers.  Meetings held as a result included a round table session with the four Group Leaders, individual meetings with house builders and planning consultants and a half day seminar / workshop attended by over 40 key housing stakeholders.

The outcome of these meetings would inform the drafting of the LDF Core Strategy Preferred Options affordable housing policy to be considered by the LDF Working Group in February 2009, as well as the Council’s wider approach to meeting affordable housing needs in the City.  Details of the workshop, facilitated by Icarus on 7 November 2008, were contained in Annex 1 to the report, copies of which had been made available on the Council’s website and in the Members’ Library.  Notes from the meetings with developers and consultants were attached as Annex 2.

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

RESOLVED: (i)         That the outcomes of the Developer meetings and the Affordable Housing Workshop be noted.

                        (ii)        That Officers be supported in using the comments received in the Developer meetings and the Affordable Housing Workshop, along with comments received during the Issues and Options stage of the Core Strategy, to inform the Preferred Options Policy to be taken forward through the LDF, as agreed by the Executive in December 2007.

                        (iii)       That the affordable housing initiatives currently being prioritised by Housing and Adult Social Services following the discussions with house builders and from the affordably housing workshops, as well as new initiatives which will develop alongside the new Housing Strategy to be published in 2009, be noted.

REASON:      In accordance with the previous recommendations of the Executive and the Executive Member for City Strategy and to ensure that potential new initiatives are fully explored.

This report provides the Executive with a review of the bus services in York and the supporting initiatives currently in place and presents recommendations for progressing options in several areas, on the basis of potential savings, efficiencies and improvements in services.

RESOLVED: (i)         That the options presented in the various sections of the report be noted.

                        (ii)        That, in relation to Commercial Bus Services, continued efforts should be made to improve passenger waiting facilities and bus priority measures across the City, with effort focused on commercial routes, and that current investment levels in these areas should be sustained.

                        (iii)       That subsidised services be retained, to run to September 2011, that the lowest tenders be accepted for continuation of existing services, as tabled, but that consideration of the proposals to discontinue subsidised bus services (shown in table 5, paragraph 87) be deferred until the Council’s budget position is clear and alternative travel options have been clarified and, to that end, that Officers be requested to report further on the shared taxi / taxi bus options mentioned in the report.

                        (iv)       That approval be given in principle to undertake a trial utilising a new Dial & Ride vehicle to deliver peak commuter journeys for a rural village.

                        (v)        That the inclusion in the LTP capital programme of one new, fit for purpose minibus, to be used for both Dial & Ride and rural, peak time scheduled services, be agreed.

                        (vi)       That Officers be instructed to investigate the possibility of re-negotiating a new service level agreement with the current provider, York Wheels.

                        (vii)      That approval be given to increase the Dial & Ride fares from £2.50 to £3.50 for a day ticket and from £1.25 to £1.75 for a single ticket and to devolve future fare increases to the Officer in Consultation process.

                        (viii)     That the production of a further Officer report, on the partnership working, cost and potential options involved for the upgrade of Park & Ride one-bus ticket machines to make them ITSO smartcard compatible, be supported.

                        (ix)       That, in the interests of speeding up boarding times both in town and at site, Officers be asked to report further on the options for extending the use of off-bus ticketing facilities.

                        (x)        That, in relation to Concessionary Travel, approval be given to retain the current operating hours for bus pass acceptance and to withdraw any alternative to the bus pass for the over 60s, but to increase the value of tokens to £50 for eligible disabled people.

                        (xi)       That Officers be requested to investigate further and report on the costs and advantages of replacing the anonymous token system with an auditable stored value taxi card system from 2010/11 and on the system for the under 60s disabled, which allows them to purchase additional tokens.

                        (xii)      That, in the light of the above decisions, Officers be instructed to consider ways of optimising the issue of transport tokens including, where economical, home delivery and bulk collection by nursing homes.

                        (xiii)     That Officers be instructed to investigate the options available to the Council for the launch of an ‘all operator’ Yozone 16-19 product and to produce a subsequent report outlining the implications.

                        (xiv)     That Officers be requested to investigate the feasibility of remotely accessing Public Transport Information data  ...  view the full decision text for item 157.

Members considered a report which set out a review of the current bus services operating in York and the supporting initiatives in place and presented recommendations for progressing options in several areas, based upon potential savings, efficiencies and service improvements.

The report had been prepared in response to the items contained in the ‘Policy Prospectus’ for 2008/09 and a motion approved by Full Council in September 2008 to investigate the extension of the YOzone card.  It looked in detail at the following areas and presented key messages and options in respect of each, as summarised below. 

Commercial Bus Services

These high frequency, high quality services were delivered on a commercial basis.  The Council thus had little direct role in their provision but could, in addition to continued work under the existing voluntary partnership, choose to:

• Reduce Council expenditure on bus stop infrastructure
• Introduce a formal Quality Partnership on an identified corridor or route, under the Local Transport Act 2008.

Subsidised / Tendered Bus Services

Spending on these services was forecast to increase to £750k in 2009/10, which was £110k over budget.  The report commissioned from Halcrow on the subsidised bus network had recommended that some services be withdrawn completely, some re-worked into a more regular, simplified timetable and others withdrawn and replaced by demand responsive transport, shared taxi services or taxi buses.  A table of services to be considered for withdrawal was presented in Table 5, in Paragraph 87 of the report. 

Dial and Ride

It was proposed to support the inclusion of three new accessible minibuses for the service in the Capital Progamme for 2009/10.  The current service level agreement was due to expire and Members were asked to decide between:

Option 1 – to re-tender the service using an open EU process and

Option 2 – to instruct Officers to investigate the possibility of re-negotiating a new service level agreement with York Wheels (recommended).

Members were also asked to consider:

• Whether the fares for Dial and Ride (D&R) should be reviewed
• Whether (and what) concessionary rates should apply to D&R
• The potential use of D&R vehicles for peak local bus journeys, in place of home-to-school journeys.

Park and Ride

A decision must be made within the next 18 months on whether to go out to tender for the operation of the new services for the A59 and Wigginton Road or whether to operate them as part of the existing contract.  Approval was sought to produce a further report on the upgrading of on-bus ticket machines and to explore the introduction of off-bus ticketing facilities.

Concessionary Travel Scheme

Details of current arrangements were contained in Annex A to the report.  Introduction of the ENCTS bus pass in April 2008 had raised the cost of funding bus pass concessions to an estimated £4.2 million in 2008/09 and contributed to a decrease in the take-up of national transport tokens.

Members were asked to decide whether to:

• Retain the current operating hours for bus pass acceptance and
• Withdraw any  ...  view the full minutes text for item 157.

This report provides details of the final Business Case for the shared service between City of York Council and North Yorkshire County Council for internal audit, counter fraud and information governance services and seeks approval to proceed to the next phase of the project, which involves transferring the relevant services to a company wholly owned by the two councils.

Note: Annex A to the above report has not been included in the printed papers but has been supplied to Members as a separate document and is available on the Council’s website.

RESOLVED: (i)         That approval be given to proceed with the implementation of the wholly owned company as the appropriate long term organisational structure for the shared service (Option 1), in accordance with the details set out in the report and the attached Business Case.

REASON:      To enable the implementation of the appropriate long term structure for the shared service (Part II of the strategic plan).

                        (ii)        That the appointment of the Executive Member for Corporate Services and the nominated Officers to the Board of Directors of the shared service company be agreed.

REASON:      To ensure appropriate governance and accountability for the shared service company.

                        (iv)       That the shared service be authorised to carry out functions relating to housing benefit and council tax benefit, using Section 70 of the Deregulation and Contracting Out Act 1994 and the Contracting Out (Functions of Local Authorities: Income-Related Benefits) Order 2002.

REASON:      To ensure that staff employed by the shared service company can properly undertake future investigations into benefit related fraud.

                        (v)        That the Council be authorised to enter into a Premises Licence with the shared service company for the future use of office accommodation.

REASON:      To enable the Council to provide fully serviced accommodation to the shared service company.

                        (vi)       That the Council be authorised to enter into an agreement for an overdraft facility with the shared service company.

REASON:      To ensure that the shared service company has adequate funds to cover its working capital requirements.

                        (vii)      That Officers report to a future Executive meeting on the staffing issues that remain to be determined.

REASON:      To ensure that these matters are satisfactorily addressed.

Members considered a report which provided details of the final Business Case for the shared service between City of York Council (CYC) and North Yorkshire County Council  (NYCC) in respect of internal audit, counter fraud and information governance services.

The two councils had been working in partnership since September 2007 to develop the shared service, which was intended to provide greater resilience, capacity and flexibility for both councils, as well as the delivery of increased efficiencies.  An Outline Business Case and timetable had already been approved by the Executive Member for Corporate Services in March 2008.  The Project Board had now completed the detailed Business Case for Phase II, which had been made available to Members and on the Council’s website as Annex 1 to the report. 

Members were invited to consider the following options:

Option 1 – proceed with the full implementation of the company, wholly owned by both councils.  This was recommended, as the most appropriate long term structure for the shared service.

Option 2 – ask Officers to examine the alternative structural options, which had previously been rejected.

In response to the issues raised on this item under Public Participation, Officers reported that NYCC had that morning approved the arrangements for the shared service in full awareness of UNISON’s concerns.  Staff and unions had been kept informed of developments throughout the process.  The company would be council owned, with both CYC and NYCC holding an equal number of shares.  It would operate in accordance with the principles and governance arrangements as indicated under ‘Legal Implications’ at paragraph 21 of the report. 

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

RESOLVED: (i)         That approval be given to proceed with the implementation of the wholly owned company (Option 1) as the appropriate long term organisational structure for the shared service (Option 1), in accordance with the details set out in the report and the attached Business Case.¹

REASON:      To enable the implementation of the appropriate long term structure for the shared service (Part II of the strategic plan).

                        (ii)        That the appointment of the Executive Member for Corporate Services and the nominated Officers to the Board of Directors of the shared service company be agreed. ²

REASON:      To ensure appropriate governance and accountability for the shared service company.

                        (iii)       That the shared service be authorised to carry out functions relating to housing benefit and council tax benefit, using Section 70 of the Deregulation and Contracting Out Act 1994 and the Contracting Out (Functions of Local Authorities: Income-Related Benefits) Order 2002. ³

REASON:      To ensure that staff employed by the shared service company can properly undertake future investigations into benefit related fraud.

                        (iv)       That the Council be authorised to enter into a Premises Licence with the shared service company for the future use of office accommodation. ⁴

REASON:      To enable the Council to provide fully serviced accommodation to the shared service company.

                        (v)        That the Council be authorised to enter into an agreement for  ...  view the full minutes text for item 158.

This report provides details of the headline performance issues from the second performance monitor period to 31 October 2008 and presents the latest projection of the Council’s revenue out-turn for 2008/09.

RESOLVED: (i)         That the performance issues identified in the report be noted.

REASON:      So that corrective action on these issues can be addressed by Corporate Management Team and directorates.

                        (ii)        That approval be given to fund the following supplementary estimate requests from the contingency fund:

a)£72k for court costs fees for child protection cases, as set out in paragraph 26 and Annex 2 to the report.

b)                 £70k for legal fees, as set out in Annex 2

c)                  £40k for fostering costs, with an update report on the full costs of fostering, the importance of which is appreciated, to be brought to a future meeting.

                        (iii)       That the remaining supplementary estimate requests in Annex 2, amounting to £84k, not be approved.

REASON:      In accordance with the Executive’s Constitutional powers to make decisions on the level and granting of supplementary estimates.

                        (iv)       That the request of the Executive Member for City Strategy to use the capital element of the additional Housing and Planning Delivery Grant (£135k) to fund structural maintenance currently charged to revenue, as set out in paragraph 59, be agreed.

REASON:      In accordance with budgetary and performance monitoring procedures.

Members considered a report which provided details of the headline performance issues from the second performance monitor period up to 31 October 2008 and presented the latest projection of the Council’s revenue out-turn for 2008/09.

With regard to performance issues, improvements had been made in respect of 62% of key performance indicators so far this year, with 65% on target.  However, the LAA indicators were causing some concern, with only 52% of those reported showing improvement at this point.  Details were provided in Annex 1 to the report and in paragraph 17.  Key improvements were noted in the following areas:

• York schools (now ranked 3^rd nationally)
• The timeliness of children’s social care assessments
• Adult social care self directed support
• Collection rates for household waste and recycling
• Meeting the affordable homes target
• Reducing road traffic accident casualities
• The timeliness of invoice payments
• Corporate health.

Areas of concern included

• The looked after children population
• The size of the NEET (not in education, employment or training) population
• The effect of the economic downturn on home owners and businesses.

With regard to financial issues, the current projection was for a net underspend of 1,528k in the year on the General Fund budget.  The level of reserves for CPA purposes was forecast to stand at £9,225k.  It was noted that the sum of £2,576k set aside in the Venture Fund was fully committed on the Administration Accommodation and Easy@york projects.  There was also a potential call on reserves of £200k as a result of the York High School fire.  Members were asked to consider:

·        Requests for supplementary estimates submitted by the Executive Member for Leisure, Culture and Children’s Services (detailed in paragraph 26 and Annex 2) and

·        A request from the Executive Member for City Strategy to use the capital element of the additional Housing and Planning Delivery Grant (£135k) to fund structural maintenance (detailed in paragraph 39).

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

RESOLVED: (i)         That the performance issues identified in the report be noted.

REASON:      So that corrective action on these issues can be addressed by Corporate Management Team and directorates.

                        (ii)        That approval be given to fund the following supplementary estimate requests from the contingency fund:

a)£72k for court costs fees for child protection cases, as set out in paragraph 26 and Annex 2 to the report.

b)                 £70k for legal fees, as set out in Annex 2

c)                  £40k for fostering costs (of the total £80k requested), with an update report on the full costs of fostering, the importance of which is appreciated, to be brought to a future meeting.¹

                        (iii)       That the remaining supplementary estimate requests in Annex 2, amounting to £84k, not be approved.

REASON:      In accordance with the Executive’s Constitutional powers to make decisions on the level and granting of supplementary estimates.

                        (iv)       That the request of the Executive Member for City Strategy to use the capital element of the additional Housing and Planning Delivery Grant (£135k) to  ...  view the full minutes text for item 159.

This report sets out the likely outturn position of Council’s 2008/09 Capital Programme, based on the spend profile and information to November 2008, and seeks approval for certain adjustments to the programme.

RESOLVED: (i)         That the 2008/09 revised budget of £60.537m, as set out in the report at paragraph 6 and Table 2, be approved.

                        (ii)        That the net slippage of £20.8m for the Administrative Accommodation project to 2011/12 and future years, net slippage of £1.474m for the rest of the capital programme, and adjustments of -£624k in 2008/09, £804k in 2009/10 and £662k in 2010/11 be approved.

                        (iii)       That the re-stated three-year capital programme for 2008/09-2010/11, as set out in paragraph 35, Table 12 and detailed in Annex A be approved.

                        (iv)       That the capital receipt projections for 2008/09-2010/11, as summarised in Table 13, be noted.

                        (v)        That Council be recommended to approve the funding of the shortfall on the Disabled Facilities Grant (£120k) and retention costs at Acomb Library (£6k) from capital receipts.

REASON:      To enable the effective management and monitoring of the Council’s capital programme.

Members considered a report which presented the likely out-turn position of the Council’s 2008/09 Capital Programme, based upon information to November 2008, and sought approval for certain adjustments to the programme.

The current approved programme amounted to £63.93m, financed by £45.854m of external funding, leaving a cost to the Council of £18.085m.  The predicted out-turn against this programme was £60.537m, representing a net decrease of £3.393m, comprising adjustments to schemes and the re-profiling of budgets (including the Administration Accommodation Scheme) to future years.  Details of the variances in each portfolio area were set out in Table 2, at paragraph 6 of the report.  There had been £31.432m capital spend up to the end of November 2008, representing 49% of the approved budget.  This compared to 44% at the same time last year.

Paragraphs 10 to 34 of the report summarised key exceptions and implications on the programme in each portfolio area, as reported to Executive Member and Advisory Panel (EMAP) meetings.  The revised three-year programme resulting from these changes was summarised in Table 12, at paragraph 35.  Approval was sought for the re-stated programme and for slippage on the 2008/09 programme.  Members were also asked to recommend the funding of a shortfall of £120k on the Disabilities Facilities Grant Scheme and retention costs of £6k at Acomb Library from capital receipts. 

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

RESOLVED: (i)         That the 2008/09 revised budget of £60.537m, as set out in the report at paragraph 6 and Table 2, be approved.

                        (ii)        That the net slippage of £20.8m for the Administrative Accommodation project to 2011/12 and future years, net slippage of £1.474m for the rest of the capital programme, and adjustments of -£624k in 2008/09, £804k in 2009/10 and £662k in 2010/11 be approved. ¹

                        (iii)       That the re-stated three-year capital programme for 2008/09-2010/11, as set out in paragraph 35, Table 12 and detailed in Annex A be approved.

                        (iv)       That the capital receipt projections for 2008/09-2010/11, as summarised in Table 13, be noted.

                        (v)        That Council be recommended to approve the funding of the shortfall on the Disabled Facilities Grant (£120k) and retention costs at Acomb Library (£6k) from capital receipts. ²

REASON:      To enable the effective management and monitoring of the Council’s capital programme.

This report presents the findings and recommendations of the Health Scrutiny Committee following their review of secondary care services for people with dementia and their families and carers.

RESOLVED: (i)         That the contents of the Health Scrutiny Committee’s final report be noted with thanks.

                        (ii)        That the recommendations set out in the final report be approved.

                        (iii)       That the following actions arising from the report be agreed:

a)     That all agencies involved in the care of older people be requested to sign up to the DoH document ‘Your care, your dignity, our promise’.

b)     That the final report be forwarded to the Joint Integration Commissioning Group to inform the discussions on future commissioning strategy for those suffering from dementia.

REASON:      In order to respond appropriately to the findings of this scrutiny review.

Members considered a report which presented the findings and recommendations of the Health Scrutiny Committee following their Dementia Review.  The review had examined the experience of older people with mental health problems (and their families and carers) accessing general health services for secondary care, in order to identify areas for improvement.

The Chair of the Committee, Cllr Fraser, was in attendance to answer any queries on the review or report.  Cllr Moore indicated that he had also been involved in the review at its early stages, as a member of the Health Scrutiny Committee before his appointment to the Executive.

The Committee’s final report, attached at Annex 1, had been approved by the Scrutiny Management Committee (SMC) on 17 December 2008.  The SMC had suggested that, once the recommendations in the report had been approved by the Executive, a copy be sent to the Chief Executive of the NHS, the Secretary of State and all participants in the review.  The recommendations arising from the review were summarised in paragraph 8 of the cover report.

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

RESOLVED: (i)         That the contents of the Health Scrutiny Committee’s final report be noted with thanks.

                        (ii)        That the recommendations set out in the final report be approved.¹

                        (iii)       That the following actions arising from the report be agreed:

a)     That all agencies involved in the care of older people be requested to sign up to the DoH document ‘Your care, your dignity, our promise’. ²

b)     That the final report be forwarded to the Joint Integration Commissioning Group to inform the discussions on future commissioning strategy for those suffering from dementia. ³

REASON:      In order to respond appropriately to the findings of this scrutiny review.

This report seeks approval to sign up to the Improvement and Development Agency (IDeA) / Local Government Yorkshire and Humber (LGYH) Member Development Charter, and to implement the necessary changes to achieve charter status and improve Member development at the Council.

RESOLVED: That approval be given to:

a)                 Sign up the IDeA Member Development Charter;

b)                 Implement the outline Member Development Scheme, as set out in paragraphs 21-40 of the report;

c)                  Delegate to the Member Development Working Group responsibility to decide a Member Development Programme, appropriate training and development activities and budget.

REASON:      In order to improve Member Development at the Council.

Members considered a report which sought approval to sign up to the Improvement and Development Agency (IDeA) / Local Government and Humber (LGYH) Member Development Charter, and to implement the necessary changes to achieve charter status and improve Member development in the Council.

Member development had been highlighted through the Comprehensive Performance Assessment (CPA) as an area that required improvement in York.  It currently formed part of the role of the Senior Member Support Officer, who held a £10k budget for this purpose.  Most other authorities had had a dedicated officer to oversee member development.  The last specific programme of activities had run during 2007, since when activities had been organised on an ad hoc basis.  A further programme was intended for 2009.

It was recommended that a strategic and evaluative Member-led scheme be developed, based upon an annual programme of development appraisals for all Members.  Activities would be decided by an all-party Member Development Working Group and the scheme would continue to be led by Democratic Services.  Feedback to inform planned work would be provided at the end of each event and via development appraisals.  Annex 1 to the report showed how the scheme would operate.  An example of a development appraisal form was provided at Annex 2.

RESOLVED: That approval be given to:

a)                 Sign up the IDeA Member Development Charter;¹

b)                 Implement the outline Member Development Scheme, as set out in paragraphs 21-40 of the report;²

c)                  Delegate to the Member Development Working Group responsibility to decide a Member Development Programme, appropriate training and development activities and budget.³

REASON:      In order to improve Member Development at the Council.

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 provides an update on the position with regard to the Barbican Auditorium following the Council’s termination of the conditional development agreement with Absolute Leisure. The matter is considered urgent in view of the need to gain the views of the Executive at an early stage, before bringing a more detailed options report to a future meeting.

Note: this agenda was re-published on-line on 19 January 2009 to include the above report.

RESOLVED: (i)         That the contents of the report be noted and the work to be undertaken by Officers approved.

                        (ii)        That a further report be requested for early March, when Officers will be able to provide a more detailed analysis of the long-term and interim options described in this report.

                        (iii)       That the requirement of £120k revenue funding for 2009/10 be included in the current budget setting process.

REASON:      To deal with the immediate issues arising from termination of the agreement with ALL and to enable Members to consider long term options for the Barbican Auditorium.

Members considered a report which provided an update on the position with regard to the Barbican Auditorium following the Council’s termination of the conditional development agreement with Absolute Leisure Limited (ALL).

The Chair had agreed to consider this matter under urgent business in view of the need to gain the views of the Executive at an early stage, before bringing a more detailed options report to a future meeting.

The report outlined the events leading up to termination of the agreement with ALL on 9 January 2009, in consequence of the failure of ALL to complete the contract and commence building works on 5 January 2009.  Officers reported at the meeting that they had now gained possession of the building and were thus in a position to take the immediate steps described in paragraph 10 of the report.  These included external improvements, a condition survey, determination of revenue costs and seeking advice on legal and procurement processes and the current and future markets for entertainment uses.

Members would need to re-consider their objectives for the building in the light of the advice received.  The main options likely to be considered were to:

• Re-market the building as originally envisaged
• Market the building with a new brief
• Procure an operator or establish a trust to operate the building on behalf of the Council
• Bring the facility back into a usable condition for the Council to operate
• Market and sell the building for non-entertainment use.

Potential options would be developed and brought back to Members within six weeks.  In the meantime, as the Council currently had no budget for the Barbican, funding was required to meet the costs of heating, maintenance, security and specialist advice.

RESOLVED: (i)         That the contents of the report be noted and the work to be undertaken by Officers approved.

                        (ii)        That a further report be requested for early March, when Officers will be able to provide a more detailed analysis of the long-term and interim options described in this report.¹

                        (iii)       That the requirement of £120k revenue funding for 2009/10 be included in the current budget setting process.²

REASON:      To deal with the immediate issues arising from termination of the agreement with ALL and to enable Members to consider long term options for the Barbican Auditorium.

The Chair noted that this was the last Executive meeting to be attended by Terry Collins, Director of Neighbourhood Services, who was leaving the Council to take up a new post in Durham.  He wished to place on record the Executive’s thanks to Terry for his work in York and to welcome Adam Wilkinson as the new interim Director.