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.

Cllr Waller declared a personal, non prejudicial interest in agenda item 11 (Final Report of the Education Scrutiny Committee) and agenda item 14 (Capital Programme Out-turn 2008/09 and Revisions to the 2009/10-2013/14 Programme), as a governor of York High School and Westfield Primary School.

To consider the exclusion of the press and public from the meeting during consideration of the following, on the grounds that they contain information classed as exempt under Schedule 12A to Section 100A of the Local Government Act 1972 (as revised by The Local Government (Access to Information) (Variation) Order 2006):

• Annex 2 to Agenda Item 16(Land at the Rear of Acomb Explore, Front Street, Acomb) - information relating to the financial or business affairs of any particular person, classed as exempt under paragraph 3 of Schedule 12A

• Agenda item 17 (Reference back from Full Council - Equal Pay Update) – information in respect of which a claim to legal professional privilege could be maintained in legal proceedings (contained in the original report on this item to the Executive meeting on 23 June 2009)

• Annex 2 to Agenda item 18b (Urgent Business - Selection of a Supplier for a Managed Voice and Data Network) - information relating to the financial or business affairs of any particular person, classed as exempt under paragraph 3 of Schedule 12A

RESOLVED: That the press and public be excluded from the meeting during consideration of the following, on the grounds that they contain information classed as exempt under Schedule 12A to Section 100A of the Local Government Act 1972 (as revised by The Local Government (Access to Information) (Variation) Order 2006):

·         Annex 2 to Agenda Item 16 (Land at the Rear of Acomb Explore, Front Street, Acomb) - information relating to the financial or business affairs of any particular person, classed as exempt under paragraph 3 of Schedule 12A

·         Agenda item 17 (Reference back from Full Council - Equal Pay Update) – information in respect of which a claim to legal professional privilege could be maintained in legal proceedings (contained in the original report on this item to the Executive meeting on 23 June 2009)

·         Annex 2 to Agenda item 18b (Urgent Business - Selection of a Supplier for a Managed Voice and Data Network) - information relating to the financial or business affairs of any particular person, classed as exempt under paragraph 3 of Schedule 12A

To approve and sign the minutes of the meeting of the Executive held on 7 July 2009.

RESOLVED: That the minutes of the Executive meeting held on 7 July 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 20 July 2009.

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

With the permission of the Chair, Cllr Healey addressed the meeting in relation to agenda item 18a (Urgent Business: Secondary Education Provision on the East Side of the City), when Members came to consider that item.  He questioned where the funds would come from to maintain the school should Members approve Option A in the report, and how the number of pupils could be increased.  He also queried whether it was appropriate to take funding from contingency in order to support this option and why the Executive’s decision had apparently been reported in a campaign leaflet in advance of the meeting.

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 provides an update on the outcome of the second stage of the public consultation on the Sustainable Communities Act 2007 and asks Members to advise on which proposals should be submitted to the Local Government Association, taking into account the feedback from the consultation process.

RESOLVED: (i)         That the information provided in the report and annexes concerning the outcome of the public consultation exercise be noted.

REASON:      So that Members can be satisfied that the consultation has met the requirements of the Council motion on the Sustainable Communities Act by ensuring that the topic was discussed at all ward committees across the City.

                        (ii)        That Officers be advised that the seven most supported proposals should be submitted to the LGA, having regard to, and bearing in mind, the risk management implications set out in paragraph 33 of the report.

REASON:      In the light of the results of consultation and to ensure compliance with the 31 July deadline for submission of proposals.

Members considered a report which provided an update on the outcome of the second stage of public consultation on the Sustainable Communities Act 2007 and sought advice as to which proposals should be submitted to the Local Government Association by the deadline of 31 July 2009.

In accordance with the Executive decisions on 9 June 2009, a total of 48 proposals had gone forward to the second consultation stage, which had included consideration by the Without Walls Executive Board and the Citizens’ Panel, as well as a web-based city-wide consultation exercise.  These proposals were listed in Annex 3 to the report.  Results of the consultation were presented in Annexes 5 and 6 and in paragraphs 15 to 22.  The seven proposals highlighted as preferred suggestions were listed in paragraph 23.  Officers drew attention at the meeting to a letter received from Essex County Council offering their support for the seventh proposal on the list, relating to landfill tax.

Members welcomed the support from Essex County Council and congratulated the Officers involved for their hardworking and professional approach to the consultation process.  The Chair extended particular thanks to Zoe Burns the Head of Neighbourhood Management and Business Support, who would shortly be leaving the Council, for her work over the past 14 years.

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

RESOLVED: (i)         That the information provided in the report and annexes concerning the outcome of the public consultation exercise be noted.

REASON:      So that Members can be satisfied that the consultation has met the requirements of the Council motion on the Sustainable Communities Act by ensuring that the topic was discussed at all ward committees across the City.

                        (ii)        That Officers be advised that the seven most supported proposals should be submitted to the LGA, having regard to, and bearing in mind, the risk management implications set out in paragraph 33 of the report.¹

REASON:      In the light of the results of consultation and to ensure compliance with the 31 July deadline for submission of proposals.

This report provides an update on the procurement process for the delivery of the Council’s new headquarters, presents some early feedback  from the recent public consultation exercise and sets out progress on the Office of the Future pilot study.

RESOLVED: (i)         That the contents of the report be noted, with particular regard to the outcomes of the recent consultation process.

                        (ii)        That the results from the survey be put on the Council website and a summary communicated to the public via the ‘Your City’ publication.

                        (ii)        That a further report be received in early December 2009 on the outcomes of the evaluation of the final tender submissions.

REASON:      For information, and to ensure that the results of consultation are properly communicated.

Members considered a report which provided an update on the procurement process for the delivery of the Council’s new headquarters building, presented some early feedback from the recent public consultation exercise and outlined progress on the “Office of the Future” pilot study.

In April 2009, two bidders had been invited to enter stage 3 of the four stage procurement process and make their detailed submissions by 13 July 2009.  These would be evaluated during July and August by a team composed of internal and external representatives, using an agreed set of criteria.  Stage 3 of the process had included public and staff consultation, comprising a questionnaire and a three-day exhibition, supported via the Council website.  Feedback from the consultation was currently being analysed and initial results appeared favourable, as detailed in paragraph 20 of the report.  There would be a further round of public consultation following the award of a contract.  It was noted that all costs of the new arrangements to acquire a headquarters building budget had been included within the approved budget of £43.8m and involved no additional burden on the council tax payer.

Work to set up an ‘office of the future’ to pilot new workplace concepts and procedures was now gaining momentum and a meeting of the pilot team service managers had been held in April, followed by a formal launch event.  Staff had been issued with an on-line ‘New Ways of Working’ questionnaire, the results of which were due out shortly, and a variety of communication channels were currently being identified and established to support the project.

With reference to the comments of the Shadow Executive on this item, Members expressed surprise at the late submission of the comments and noted that there was no reason to suppose that the building would not meet BREEAM standards.

RESOLVED: (i)         That the contents of the report be noted, with particular regard to the outcomes of the recent consultation process.

                        (ii)        That the results from the survey be put on the Council website and a summary communicated to the public via the ‘Your City’ publication.¹

                        (ii)        That a further report be received in early December 2009 on the outcomes of the evaluation of the final tender submissions.

REASON:      For information, and to ensure that the results of consultation are properly communicated.

This report outlines a proposal for funding a Demonstration Exemplar Urban Eco Community on part of the former British Sugar site within the York Northwest area and seeks approval to submit the proposal to Leeds City Region, subject to the agreement of Associated British Food (the landowner of British Sugar), for inclusion as part of their submission to the Department of Communities and Local Government this July.

RESOLVED: That, subject to the agreement of Associated British Food, the proposal at Annex 1 to the report be submitted for inclusion as part of the wider Leeds City Region bid to the Department of Communities and Local Government for Urban Eco Settlement funding.

REASON:      To ensure that a proposal is put forward within the timescales given to the Leeds City Region.

Members considered a report which presented a proposal for funding a Demonstration Exemplar Urban Eco Community on part of the former British Sugar site within the York Northwest area.  Approval was sought to submit the proposal to Leeds City Region for inclusion in their submission to the Department of Communities and Local Government (CLG), subject to the agreement of the landowner, Associated British Food (ABF).

A study in January 2009 to assess deliverability of the four Urban Eco Settlement areas in the Region had identified the British Sugar site as having potential to provide the early delivery of 120 homes as a ‘demonstration exemplar’ that could be used as a model for implementation on other sites.  The Council had engaged with ABF to produce a proposal with a reduced scope of 80 homes, reflecting the level of funding available nationally.

In the absence of initial funding for consultants to develop the proposal, Council Officers had produced an indicative proposal, a copy of which was attached as Annex 1 to the report.  This outlined an indicative area for a first phase pilot scheme comprising 60 dwellings, with a site area of approximately 1.5 ha.  A draft programme outlining the alignment of the planning process with master planning and production of the Area Action Plan was attached at Annex 2.

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

RESOLVED: That, subject to the agreement of Associated British Food, the proposal at Annex 1 to the report be submitted for inclusion as part of the wider Leeds City Region bid to the Department of Communities and Local Government for Urban Eco Settlement funding. ¹

REASON:      To ensure that a proposal is put forward within the timescales given to the Leeds City Region.

This report sets out proposals for allocating the additional funding provided by the Region in 2009/10 and 2010/11 for transport improvements in the City and provides an update on the other schemes which it is proposed to fund from the Regional Funding Allocation.

RESOLVED: That Option 1 (use of the additional RFA funding for Outer Ring Road Improvements) be approved.

REASON:      To ensure that the additional funding is used to deliver significant improvements to the City’s transport system and to meet Local Transport Plan and Local Area Agreement targets.

Members considered a report which set out proposals for allocating funding provided by the Region in 2009/10 and 2010/11 for transport improvements in the City and provided an update on other schemes to be funded from the Regional Funding Allocation (RFA).

Details of additional funding from the RFA had been reported to the Executive meeting on 31 March 2009.  At the Executive (Calling In) meeting on 7 April 2009, Members had confirmed the allocation of £450k of this supplementary funding to the base budget and deferred a decision on the remainder, pending the receipt of further information on the two main options, as follows:

Option 1 (Outer Ring Road Improvements) – further development work to progress the Haxby Station and Access York Phase 2 schemes and implementation of limited improvements to the Outer Ring Road;

Option 2 (Targeted City-wide Improvements) - further development work to progress the Haxby Station and Access York Phase 2 schemes and delivery of schemes in the LTP block to meet Local Area Agreement and LTP targets. 

The information requested, including the advantages and disadvantages of each option, was provided in paragraphs 11 to 44 of the report. 

An update on the three main schemes to be funded through the RFA was provided in paragraphs 45 to 49 of the report.  The inclusion of Haxby Station in the regional programme for delivery in 2012/13 had been approved by the Regional Transport Board (RTB).  The RTB had also approved the Access York Phase 1 (Park & Ride) scheme for inclusion in the programme, subject to detailed evaluation by the Department for Transport (DfT), while Access York Phase 2 (Transport Capacity Improvements) was on the Region’s reserve list of schemes.

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

RESOLVED: That Option 1 (use of the additional RFA funding for Outer Ring Road Improvements) be approved. ¹

REASON:      To ensure that the additional funding is used to deliver significant improvements to the City’s transport system and to meet Local Transport Plan and Local Area Agreement targets.

This report presents the findings of the Hungate Ad-hoc Scrutiny Committee following their review of the Hungate development.

RESOLVED: That the following be agreed as the Executive’s response to the Scrutiny Committee’s recommendations:

REASON:      To ensure that any future Council projects are delivered on time and within budget.

Members considered a report which presented the findings of the Hungate Ad-hoc Scrutiny Committee following their review of the Hungate development.

The Committee’s final report, attached as Appendix A, had been considered by the Scrutiny Management Committee (SMC) on 18 May 2009.  In endorsing the Committee’s recommendations, the SMC had expressed concern that some questions within the remit of the review remained unanswered.  They had suggested that the information collected could form the basis of a broader review carried out by the same Committee Members.  To date, however, no further scrutiny topic on this subject had been registered.

The Committee’s five recommendations were set out in paragraph 55 of their report at Appendix A.

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

RESOLVED: That the following be agreed as the Executive’s response to the Scrutiny Committee’s recommendations:

REASON:      To ensure that any future Council projects are delivered on time and within budget.

This report presents the findings of the Education Scrutiny Committee following their review of the Extended Schools Agenda.

RESOLVED: That the following four recommendations of the Scrutiny Committee be endorsed subject to an amendment to the third recommendation (highlighted in bold), as follows:

a)     Instruct Officers to continue to develop the Strategic Steering Group.

b)     Broaden the Childcare Sufficiency Audit to include Extended Services with a particular focus on accessibility, affordability, inclusive provision and flexibility in adapting to the needs of the local community.

c)      Request all Local Authority schools in York to identify a member of staff and a governor responsible for Extended Services and Community Cohesion.

d)     Bring the findings and recommendations arising from this review to the attention of the Ofsted Sub-Committee and School and School Improvement Partners to inform their ongoing work.

REASON:      In order to develop processes aimed at ensuring accessibility and a high quality of extended school provision.

Members considered a report which presented the findings of the Education Scrutiny Committee following their review of the Extended Schools Agenda.

The Committee’s final report, attached as Appendix A, had been considered by the Scrutiny Management Committee (SMC) at their meeting on 18 May 2009.  The SMC had endorsed all of the Committee’s recommendations, as set out in paragraphs 8 and 22 of Appendix A and summarised in paragraphs 7 to 9 of the covering report.

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

RESOLVED: That the following four recommendations of the Scrutiny Committee be endorsed subject to an amendment to the third recommendation (highlighted in bold), as follows:

a)     Instruct Officers to continue to develop the Strategic Steering Group. ¹

b)     Broaden the Childcare Sufficiency Audit to include Extended Services with a particular focus on accessibility, affordability, inclusive provision and flexibility in adapting to the needs of the local community. ²

c)      Request all Local Authority schools in York to identify a member of staff and a governor responsible for Extended Services and Community Cohesion. ³

d)     Bring the findings and recommendations arising from this review to the attention of the Ofsted Sub-Committee and School and School Improvement Partners to inform their ongoing work. ⁴

REASON:      In order to develop processes aimed at ensuring accessibility and a high quality of extended school provision.

This report provides an overall update on the 2009/10 action plans contained within the Council’s Improvement Plan.

RESOLVED: (i)         That the actions and milestones for the 2009-10 Improvement Plan, as set out in Annex 1, be noted.

REASON:      So that Members are informed about the effective management of key actions to be taken to support on-going development and improvement work at the Council critical to the achievement of the Effective Organisation corporate priority.

                        (ii)        That a named Executive Member be assigned to overseeing each action item for the next time that this matter is reported to the Executive.

REASON:      To establish a clear reporting line and ensure that progress is made on the actions in the Plan.

Members considered a report which provided an update on the 2009/10 action plans contained within the Council’s Improvement Plan (IP), as agreed at the Executive meeting on 26 May 2009.

The actions and milestones for the nine agreed areas for improvement contained in the IP were set out in Annex 1 to the report.  Officers highlighted an error at section 6.1 of Annex 1, which should read ‘Deliver training programme on the Protocol on Officer/Member Relations.’

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

RESOLVED: (i)         That the actions and milestones for the 2009-10 Improvement Plan, as set out in Annex 1, be noted.

REASON:      So that Members are informed about the effective management of key actions to be taken to support on-going development and improvement work at the Council critical to the achievement of the Effective Organisation corporate priority.

                        (ii)        That a named Executive Member be assigned to overseeing each action item for the next time that this matter is reported to the Executive.¹

REASON:      To establish a clear reporting line and ensure that progress is made on the actions in the Plan.

This report provides an update on Treasury Management performance for 2008/09, as compared against the budget taken to Council on 21 February 2008.

RESOLVED: (i)         That the 2008/09 performance of the Treasury Management activity, movements on the Venture Fund and the Treasury Management out-turn be noted.

                        (ii)        That the addition of Nationalised Banks to the Investment Credit Criteria Policy, as set out at paragraphs 30 top 38 of the report, be approved.

                        (iii)       That the movements in the Prudential Indicators be noted.

                        (iv)       That the Council’s proactive and prudent management of the Treasury Management portfolio in the light of the Icelandic banking crisis be noted.

REASON:      For information, and to ensure an adequate number of authorised counterparties with whom the Council can invest.

Members considered a report which provided an update on the Treasury Management performance during 2008/09, compared against the budget taken to Full Council on 21 February 2008.

The report summarised the economic environment over the 2008/09 financial year, highlighting the effects of the economic downturn on the budget set in February 2008.  It reviewed treasury management performance in respect of long term borrowing, debt restructure, short term investments, investment credit criteria policy, the post Icelandic Bank collapse, the Venture Fund, the Treasury Management out-turn and the Prudential Indicators.

With regard to the credit criteria policy, it had emerged during the latter part of 2008/09 that the number of authorised counterparties with whom the Council could invest had been greatly reduced due to credit rating changes prompted by the ‘credit crunch’.  In view of this, and the nationalisation of a number of financial institutions following the collapse of Lehman’s and the Icelandic banking systems, approval was sought to include the following nationalised banks in the Council’s credit rating criteria policy:

• Bank of Scotland Plc (including its subsidiaries Lloyds TSB Bank and Cheltenham and Gloucester)
• Royal Bank of Scotland Plc (including its subsidiaries National Westminster Bank, Ulster Bank and ABN AMRO Bank NV)
• Northern Rock Plc

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

RESOLVED: (i)         That the 2008/09 performance of the Treasury Management activity, movements on the Venture Fund and the Treasury Management out-turn be noted.

                        (ii)        That the addition of Nationalised Banks to the Investment Credit Criteria Policy, as set out at paragraphs 30 top 38 of the report, be approved.¹

                        (iii)       That the movements in the Prudential Indicators be noted.

                        (iv)       That the Council’s proactive and prudent management of the Treasury Management portfolio in the light of the Icelandic banking crisis be noted.

REASON:      For information, and to ensure an adequate number of authorised counterparties with whom the Council can invest.

This report presents the final out-turn position of the Council’s 2008/09 capital programme and seeks approval for the statutory declaration on the funding of the programme and for any changes to the programme resulting from overspends, underspends or slippage.

RESOLVED: (i)         That the 2008/09 capital out-turn position be noted.

                        (ii)        That the requests for slippage to and from the 2009/10 capital programme be approved.

                        (iii)       That the re-stated 2009/10 to 2013/14 programme, as summarised in Table 4, paragraph 51 of the report and detailed in Annex 2, be approved.

                        (iv)       That the statutory declaration of the 2008/09 capital expenditure required by Part 1 of the Local Government Act 2003 (Prudential Code), as set out in Annex 1, be approved.

REASON:      To allow the continued effective management of the capital programme in 2009/10 and beyond and to fulfil statutory functions.

Members considered a report which presented the final out-turn position of the Council’s 2008/09 capital programme and sought approval for the statutory declaration on the funding of the programme and for any changes resulting from overspends, underspends or slippage.

Total capital expenditure in 2008/09 amounted to £58.536m.  This was the largest capital programme ever delivered by the City of York Council and represented an under-spend of £2.393m against the re-stated budget of £60.929m, a variance of 4%.  There were requests to slip (carry forward) budgets totalling £2.997m into future years.  These, together with other variances including updates to the spend profile of future years to improve budgetary control of the programme, were set out in the table at paragraph 14 of the report.

The revised start budget for the 2009/10 capital programme following slippage and revisions was shown in Table 3 at paragraph 50 of the report and the re-stated capital programme for the period 2009/10 to 2013/14 was shown in Table 4 at paragraph 51.  The statutory declaration of the 2008/09 capital expenditure was attached as Annex 1 to the report.

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

RESOLVED: (i)         That the 2008/09 capital out-turn position be noted.

                        (ii)        That the requests for slippage to and from the 2009/10 capital programme be approved.¹

                        (iii)       That the re-stated 2009/10 to 2013/14 programme, as summarised in Table 4, paragraph 51 of the report and detailed in Annex 2, be approved.

                        (iv)       That the statutory declaration of the 2008/09 capital expenditure required by Part 1 of the Local Government Act 2003 (Prudential Code), as set out in Annex 1, be approved.

REASON:      To allow the continued effective management of the capital programme in 2009/10 and beyond and to fulfil statutory functions.

This report presents the revised Financial Regulations for Members’ comments and approval.

RESOLVED:             That consideration of this item be deferred to a future meeting.

REASON:                  To enable further refinements to be made to the draft Regulations before they are considered by the Executive and recommended to the next scheduled meeting of Full Council in October.

Members received a report which asked them to comment on, and recommend to Full Council, a revised set of Financial Regulations. 

RESOLVED:             That consideration of this item be deferred to a future meeting.¹

REASON:                  To enable further refinements to be made to the draft Regulations before they are considered by the Executive and recommended to the next scheduled meeting of Full Council in October.

This report asks Members to approve the acquisition of two sites at the rear of Acomb Explore as an ‘opportunity purchase’, and to approve a consequent amendment to the capital programme.

RESOLVED: (i)         That Option A be approved and that both sites be acquired by the Council, as detailed in the report.

REASON:      To secure land at the rear of Acomb Explore as an opportunity purchase and to provide an opportunity for further rationalisation of Council properties and joint working with partner organisations in a single location.

                        (ii)        That Officers seek to include in the purchase the adjacent small plot which would be land locked if the other two sites were developed.

REASON:            To provide a larger and more integrated site.

[See also under Part B minutes]

Members considered a report which sought approval to acquire two sites to the rear of Acomb Explore as an ‘opportunity purchase’ and to amend the capital programme accordingly.

The sites in question were the site of the Acomb Bowling Club, shown edged in blue on the plan attached as Annex A, and land owned by Reynolds Homes, shown edged in green on Annex A.  Acquiring these sites would provide an opportunity for the creation of a new integrated service facility and the relocation of the current Acomb Housing Office at 50 York road, with the additionally possibility of the development and provision of affordable homes.

The following options were available:

Option A – acquire both sites and recommend that Full Council bring forward expenditure in the Capital Programme to 2009/10 to fund the purchase of the Reynolds Homes site and carry out initial feasibility and scoping work.  This was the recommended option.

Option B – acquire the Bowling Club site only, funded in accordance with the approval capital programme.  This would provide a much reduced site area, with limited opportunities for relocation / co-location of services.

Option C – not proceed with the acquisitions.

With reference to the comments of the Shadow Executive on this item, Members noted that the decision to sell the Bowling Club site had already been taken by the Club and that its acquisition by the Council might in fact enable the Club to operate for a little longer.

RESOLVED: (i)         That Option A be approved and that both sites be acquired by the Council, as detailed in the report.¹

REASON:      To secure land at the rear of Acomb Explore as an opportunity purchase and to provide an opportunity for further rationalisation of Council properties and joint working with partner organisations in a single location.

                        (ii)        That Officers seek to include in the purchase the adjacent small plot which would be land locked if the other two sites were developed.²

REASON:            To provide a larger and more integrated site.

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

The Chair has agreed to deal with the following items under Urgent Business:

This report summarises a complex set of issues and challenges facing the local authority and its schools on the east side of the City and seeks Members’ views on a preferred way forward. The matter is urgent due to the need to fulfil a commitment from the local authority to consider options before the end of the school term.

Note: The above report was published with this agenda on 17 July 2009.

RESOLVED: That Option A be approved and that the development of Burnholme Community College be maintained and supported by providing the additional funding required, as described in paragraphs 36-38 of the report, including £121k to be released from the Council’s contingency.

REASON:      Provided that the recent improvements in educational standards are maintained, and the school is able to be innovative and creative in marketing itself, it is considered that Burnholme has a realistic chance of attracting and retaining additional students in future years.

Members considered a report which summarised a complex set of issues and challenges facing the local authority and its schools on the east side of the City and sought their views on a preferred way forward.

The Chair had agreed to deal with this matter under urgent business due to the need to fulfil a commitment from the local authority to consider options before the end of the school term.

Due to a decline in the number of secondary students across the City and a consequent increase in the choice of schools available to parents, there had been a significant reduction in the number of parents choosing Burnholme Community College for their children.  Despite its success in over the past three years in managing declining numbers and maintaining curriculum choice, the school was finding it increasingly difficult to balance its budgets.  Recent legislation had increased the range of options to be considered in such circumstances.

Options considered for the school were set out in paragraph 17 of the report.  Officers believed that only two of these represented sustainable ways forward, namely:

Option A – maintaining the school by providing additional financial support whilst numbers were low.

Option B – phased closure of Burnholme and the expansion of other secondary schools.

In response to the issues raised by Cllr Healey on this item (as recorded at Minute 41) and the comments of the Shadow Executive, Officers confirmed that the continued funding of the school would be dealt with via Direct Support Grant allocation and that support in terms of pupil numbers would need to come from those living in the catchment area.  Discussions about Burnholme had been ongoing for some time and all political groups on the Council had been briefed throughout the process.  Details of the proposals in the report had been provided via local radio and a subsequent press release last Friday.

RESOLVED: That Option A be approved and that the development of Burnholme Community College be maintained and supported by providing the additional funding required, as described in paragraphs 36-38 of the report, including £121k to be released from the Council’s contingency.¹

REASON:      Provided that the recent improvements in educational standards are maintained, and the school is able to be innovative and creative in marketing itself, it is considered that Burnholme has a realistic chance of attracting and retaining additional students in future years.

This report outlines options for selecting a supplier of a managed Voice and Data Network The matter is urgent because an Executive decision is required before the next scheduled meeting on 8 September as there are significant risks in extending existing contracts further. 

Note: The above report was published with this agenda on 17 July 2009.

RESOLVED: That Option 1 be approved and Supplier B appointed, on the basis of the agreed evaluation MEAT method.

REASON:      To enable the Council to let a contract that will provide fast and resilient access to computer systems and to develop its network in the new Headquarters.

Members considered a report which outlined options for selecting a supplier of a managed Voice and Data Network service.

The Chair had agreed to deal with this matter as urgent business because an Executive decision was required before the next scheduled meeting on 8 September, as there were significant risks in extending existing contracts further.

Following an EU procurement exercise, Revised and Final Offers (RAFOs) had been requested from the top two shortlisted suppliers.  These had been evaluated using the MEAT (Most Economically Advantageous Tender) criteria.  The resulting scores and were set out in Annex 1 to the report and a financial summary of the bids was provided in (exempt) Annex 2.  An Executive decision was needed because the highest scoring tender was not the one with the lowest cost and the contract value exceeded £500k. 

Members were asked to decide between the following options:

Option 1 – appoint Supplier A, who had submitted the cheaper of the two bids;

Option 2 – appoint Supplier B, who had submitted the highest scoring bid, as recommended under the MEAT evaluation;

Option 3 – cancel the procurement and re-tender – not recommended as it would leave the Council open to challenge from both suppliers, as well as increased costs.

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

RESOLVED: That Option 1 be approved and Supplier B appointed, on the basis of the agreed evaluation MEAT method.¹

REASON:      To enable the Council to let a contract that will provide fast and resilient access to computer systems and to develop its network in the new Headquarters.

RECOMMENDED:That the Capital Programme be varied to bring forward the necessary funding for the acquisition of both sites into the 2009/10 Financial Year.

REASON:                  In accordance with the decision of the Executive to approve Option A and the requirements of the Council’s Constitution regarding changes to the Capital Programme.

[See also under Part A minutes]

Members considered a report which sought approval to acquire two sites to the rear of Acomb Explore as an ‘opportunity purchase’ and to amend the capital programme accordingly.

The sites in question were the site of the Acomb Bowling Club, shown edged in blue on the plan attached as Annex A, and land owned by Reynolds Homes, shown edged in green on Annex A.  Acquiring these sites would provide an opportunity for the creation of a new integrated service facility and the relocation of the current Acomb Housing Office at 50 York road, with the additionally possibility of the development and provision of affordable homes.

The following options were available:

Option A – acquire both sites and recommend that Full Council bring forward expenditure in the Capital Programme to 2009/10 to fund the purchase of the Reynolds Homes site and carry out initial feasibility and scoping work.  This was the recommended option.

Option B – acquire the Bowling Club site only, funded in accordance with the approval capital programme.  This would provide a much reduced site area, with limited opportunities for relocation / co-location of services.

Option C – not proceed with the acquisitions.

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

RECOMMENDED:That the Capital Programme be varied to bring forward the necessary funding for the acquisition of both sites into the 2009/10 Financial Year.

REASON:                  In accordance with the decision of the Executive to approve Option A and the requirements of the Council’s Constitution regarding changes to the Capital Programme.

To consider the following resolution made by Full Council on 9 July 2009 in respect of the Executive’s recommendation on the Equal Pay Update:

“That the recommendation contained in Minute 27 of the Executive meeting held on 23 June 2009 be referred back to the Executive with a request that they provide a report to Council explaining the basis of the recommendation.^”

The original report to the Executive on 23 June, together with the minutes of that meeting, can be accessed on the link below:

http://democracy.york.gov.uk/ieListDocuments.asp?CId=102&MId=4307&Ver=4

[The above item was added to this agenda on 23 July 2009]

RECOMMENDED:That Council consider and approve the recommendation made by the Executive at their meeting on 23 June 2009 in the light of the further information received.

REASON:                  In accordance with the resolution approved by Full Council on 9 July.

[This item was considered in private session]

Members considered the following resolution made by Full Council on 9 July 2009 in respect of the Executive’s recommendation on the Equal Pay Update:

“That the recommendation contained in Minute 27 of the Executive meeting held on 23 June 2009 be referred back to the Executive with a request that they provide a report to Council explaining the basis of the recommendation.^”

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

RECOMMENDED:That Council consider and approve the recommendation made by the Executive at their meeting on 23 June 2009 in the light of the further information received.

REASON:                  In accordance with the resolution approved by Full Council on 9 July.