Agenda, decisions and minutes

Executive - for meetings from 03/06/00 to 26/04/11 - Tuesday, 18 January 2011 2.00 pm

Venue: The Guildhall, York

Contact: Fiona Young  Principal Democracy Officer

Items
No. Item

PART A - MATTERS DEALT WITH UNDER DELEGATED POWERS

139.

Declarations of Interest

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

Minutes:

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.  No interests were declared.

140.

Minutes pdf icon PDF 90 KB

To approve and sign the minutes of the Executive meeting held on 14 December 2010.

Minutes:

RESOLVED: That the minutes of the Executive meeting held on 14 December 2010 be approved and signed by the Chair as a correct record, subject to the resolution under Minute 133 (Affordable Housing Viability Study) being amended to read as follows (amendments in italics):

 

                        “That the Viability Study, in so far as it addresses sites of 15 or more homes, and its (current) 25% brownfield and 35% Greenfield affordable housing targets, as set out in Table 1 in the report, be approved for development control purposes, including a lowering of the targets by a further 3.5% if a 25% developer profit can be justified, or a lower target by individual negotiation following a site-specific viability appraisal.  At the discretion of the Director of City Strategy, the Council may accept off-site homes and/or commuted payments in lieu of on-site affordable housing provision.”

141.

Public Participation

At this point in the meeting, members of the public who have registered their wish to speak regarding an item on the agenda or a matter within the Executive’s remit can do so.  The deadline for registering is 5:00 pm on Monday 17 January 2011.

Minutes:

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

142.

Executive Forward Plan pdf icon PDF 84 KB

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

Minutes:

Members received and noted details of those items listed on the Forward Plan for the next two Executive meetings at the time the agenda was published.

143.

Annual Audit Letter 2009/10 - Audit Commission pdf icon PDF 84 KB

This report presents the Annual Audit Letter 2009/10, prepared by the Audit Commission, together with the Council’s response.

Additional documents:

Decision:

RESOLVED: That the contents of the report and the Annual Audit Letter be noted.

 

REASON:      To comply with the statutory requirements for the external audit of the Council.

Minutes:

Members considered a report which presented the Annual Audit Letter (AAL) for 2009/10 prepared by the Audit Commission, together with the Council’s response.  The District Auditor was in attendance to provide a summary of the contents of the AAL and answer any questions.

 

The key messages contained in the AAL had been presented in detail to the Audit & Governance Committee on 29 September 2010, as part of the Annual Governance Report.  Strengths and improvements identified by the Audit Commission were outlined in paragraphs 21 to 25 of the AAL.  They included sustained strength in risk management, anti-fraud and value for money, as well as improvements in financial planning, procurement and asset management.  Members thanked Officers for their work in producing these improved outcomes.

 

Having noted the comments of the Labour Group Spokespersons on this item, it was

 

RESOLVED: That the contents of the report and the Annual Audit Letter be noted.

 

REASON:      To comply with the statutory requirements for the external audit of the Council.

144.

Final Report of the Newgate Market Scrutiny Review pdf icon PDF 84 KB

This report presents the final report arising from the Newgate Market Scrutiny Review.

 

Note:  copies of the A5 booklet style final report have been distributed with this agenda to Members only.  The final report can also be viewed on-line.

Additional documents:

Decision:

RESOLVED: That the following comments and recommendations be agreed in response to the final report:

 

Scrutiny Recommendation

Cost implication

Executive comment

Executive Recommendation

1. To improve the general cleanliness of the market. This can be achieved in the

short term by:

i) Early implementation of the Service Level Agreement (SLA) with a review after 3 months

ii) Closing the market one day per quarter for deep cleansing (the first instance to be before Easter 2011)

And in the medium term by:

iii) Exploring the possibilities of storing waste underground – possibly in St Sampson’s Square or by exploring other suitable options

 

 

 

i) none given

 

ii) none given

 

iii) none given (but in the report “They were however aware that this may be cost prohibitive”)

i) This is understood to be in progress as part of the More for York review process.

 

ii) Closure of the market would require advance notice to customers and stall holders, and would require cost estimates, and should be considered in the review of the SLA.

 

iii) Without a cost figure this is difficult to assess, particularly in the current climate.

i) Request that CANS officers include a review of the SLA agreement to consider cleanliness, and to report to the Executive Member a review after three months

 

ii) Agree to examine if the outcome of I) in terms of measurements of cleanliness indicates that this action is necessary.

 

iii) Request that officers review other suitable locations for storing waste.

2. To improve the public realm – this can be achieved in the short term by:

i) Working with landlords and lessees of buildings surrounding the market to improve their general appearance

ii) Trialing ‘sculpted style’ stalls along Jubbergate with a view to implementing

this throughout the market in the medium term

iii) Looking at ways of preventing unauthorised parking in Silver Street and the Market

iv) Providing additional market stalls along Silver Street

v) Improving the lighting in the area

 

i) Officer time – could be contained within existing work plans

 

ii) Trial would be £5,000 fabrication and design costs with 4 units at @ £4,750. Total £24,000. Medium term would be £475,000 (100 x £4,750).

 

iii) Mainstream budget

 

iv) No costs given

 

v) No costs given

i) Helpful addition to existing negotiations.

 

ii) At this moment in time there would need to be a sound business case for the costs of changing the design. It is up to groups on the council to propose this within the budget process.

 

iii) Helpful addition to existing work.

 

iv) Subject to business case this could increase capacity and therefore income.

 

v) Could be reviewed but subject to budget.

i) Agree

 

ii) Notes the estimated costs which would require a growth bid to be proposed in the budget rounds.

 

iii) Agree

 

iv) Request officers examine business case for provision of additional market stalls.

 

v) Request that officers review lighting of the market area to assess deficiencies to be met from existing budgets.

 

3.  To begin to improve the  ...  view the full decision text for item 144.

Minutes:

Members considered the final report arising from the review of Newgate Market carried out by the Economic and City Development Overview & Scrutiny Committee.  Cllr Scott, as Chair of the Committee, was in attendance to present the report.

 

The new, booklet-style, final report (Annex 1) had been circulated to Executive Members and made available on the Council’s website.  A summary of the short and medium-term recommendations arising from the review was provided in paragraphs 5 to 8 of the cover report.  It was noted that the financial implications of accepting the short-term recommendations would be for the Council to set aside one-off funding of £20k for the replacement of stall canopies, one-off funding of £24k for ‘sculpted’ stalls and recurring funding of £24k for re-investment in the market.

 

Having noted the comments of the Labour Group Spokespersons on this item, it was

 

RESOLVED: That the following comments and recommendations be agreed in response to the final report:

 

Scrutiny Recommendation

Cost implication

Executive comment

Executive Recommendation

1. To improve the general cleanliness of the market. This can be achieved in the

short term by:

i) Early implementation of the Service Level Agreement (SLA) with a review after 3 months

ii) Closing the market one day per quarter for deep cleansing (the first instance to be before Easter 2011)

And in the medium term by:

iii) Exploring the possibilities of storing waste underground – possibly in St Sampson’s Square or by exploring other suitable options

 

 

 

i) none given

 

ii) none given

 

iii) none given (but in the report “They were however aware that this may be cost prohibitive”)

i) This is understood to be in progress as part of the More for York review process.

 

ii) Closure of the market would require advance notice to customers and stall holders, and would require cost estimates, and should be considered in the review of the SLA.

 

iii) Without a cost figure this is difficult to assess, particularly in the current climate.

i) Request that CANS officers include a review of the SLA agreement to consider cleanliness, and to report to the Executive Member on review after three months.

 

ii) Agree to examine if the outcome of i) in terms of measurements of cleanliness indicates that this action is necessary.

 

iii) Request that officers review other suitable locations for storing waste.

2. To improve the public realm – this can be achieved in the short term by:

i) Working with landlords and lessees of buildings surrounding the market to improve their general appearance

ii) Trialing ‘sculpted style’ stalls along Jubbergate with a view to implementing

this throughout the market in the medium term

iii) Looking at ways of preventing unauthorised parking in Silver Street and the Market

iv) Providing additional market stalls along Silver Street

v) Improving the lighting in the area

 

i) Officer time – could be contained within existing work plans

 

ii) Trial would be £5,000 fabrication and design costs with 4 units at @ £4,750. Total £24,000. Medium term would be £475,000 (100  ...  view the full minutes text for item 144.

145.

School Travel Plans Ad Hoc Scrutiny Committee - Final Report pdf icon PDF 100 KB

This report presents the final report of the School Travel Plans Ad Hoc Scrutiny Committee.

 

Note:  copies of the A5 booklet style final report have been distributed with this agenda to Members only.  The final report can also be viewed on-line.

Additional documents:

Decision:

RESOLVED: That the following be agreed in response to the final report of the Scrutiny Committee:

 

Scrutiny Recommendation

Executive decision

1 - Improve collaborative working across service areas and Directorates to allow for improved forward planning in Schools

Agreed

2 - Include in best practice guide for schools -‘encourage year 6 pupils to cycle/walk to secondary schools on induction days to build pupil/parent confidence, in time for starting at secondary school’ (Linked to Rec.10)

Agreed

3 - Instruct officers to investigate sources of sustainablefunding for initiatives and incentives for future financial years

Agreed

4 - Instruct officers to investigate the introduction of a ‘one-off’ cycle allowance for use in purchasing a bicycle and equipment and/or a loan scheme for bicycles and equipment, in place of free bus travel for those that want it and are eligible

Agreed that options for stimulating the use of cycles to travel to  schools be further investigated and that any revised strategy should seek to address cost issues for less well off children

5 - Reprioritise the work of Civil Enforcement Officers to allow for an increase in the amount of time they can spend enforcing the parking restrictions outside schools

Agreed

6 - Instruct Communities & Neighbourhoods Parking Services to investigate and provide a future report to the Executive on the use of a CCTV car and sharing the costs with other local authorities and/or public agencies

Agreed to note latest briefing from Neighbourhoods officers

7 - Revise council policy to ensure Development Control can only accept an STP in support of a school planning application if it adheres to the DfT minimum standards contained within the‘School Travel Plan Quality Assurance - Advice Note’ issued by the DfT & DCSF in2007. In cases where an STP does not meet those standards, instruct Development Control to make it a condition of planning consent, or successor documents.

Agreed

8 - Identify a clear strategy for resolving interdirectorate issues to ensure enforcement of conditions of planning consent relating to STPs

Agreed

9 - Include in best practice guide for school ‘that a Travel Plan Champion be identified within the school’ (Linked to Rec.10)

Agreed

10 - Transport Planning Unit to develop and issue a best practice guide for York schools, to includea toolbox of measures for schools to pick and choose from when producing/revising their STP

Agreed that this be progressed as resources allow.

 

REASON:      In order to provide an appropriate response to the Scrutiny recommendations, taking into account the resources required.

Minutes:

Members considered the final report of the School Travel Plans Ad Hoc Scrutiny Committee.  Cllr Potter, as Chair of the Committee, was in attendance to present the report.

 

The new, booklet-style, final report (Annex 1) had been circulated to Executive Members and made available on the Council’s website.  The recommendations agreed by the Committee were set out were set out in paragraph 9 of the cover report.

 

Having noted the comments of the Labour Group Spokespersons on this item, it was

 

RESOLVED: That the following be agreed in response to the final report of the Scrutiny Committee:

 

Scrutiny Recommendation

Executive decision

1 - Improve collaborative working across service areas and Directorates to allow for improved forward planning in Schools

Agreed

2 - Include in best practice guide for schools -‘encourage year 6 pupils to cycle/walk to secondary schools on induction days to build pupil/parent confidence, in time for starting at secondary school’ (Linked to Rec.10)

Agreed

3 - Instruct officers to investigate sources of sustainable funding for initiatives and incentives for future financial years

Agreed

4 - Instruct officers to investigate the introduction of a ‘one-off’ cycle allowance for use in purchasing a bicycle and equipment and/or a loan scheme for bicycles and equipment, in place of free bus travel for those that want it and are eligible

Agreed that options for stimulating the use of cycles to travel to  schools be further investigated and that any revised strategy should seek to address cost issues for less well off children

5 - Reprioritise the work of Civil Enforcement Officers to allow for an increase in the amount of time they can spend enforcing the parking restrictions outside schools

Agreed

6 - Instruct Communities & Neighbourhoods Parking Services to investigate and provide a future report to the Executive on the use of a CCTV car and sharing the costs with other local authorities and/or public agencies

Agreed to note latest briefing from Neighbourhoods officers

7 - Revise council policy to ensure Development Control can only accept an STP in support of a school planning application if it adheres to the DfT minimum standards contained within the‘School Travel Plan Quality Assurance - Advice Note’ issued by the DfT & DCSF in2007. In cases where an STP does not meet those standards, instruct Development Control to make it a condition of planning consent, or successor documents.

Agreed

8 - Identify a clear strategy for resolving inter-directorate issues to ensure enforcement of conditions of planning consent relating to STPs

Agreed

9 - Include in best practice guide for school ‘that a Travel Plan Champion be identified within the school’ (Linked to Rec.10)

Agreed

10 - Transport Planning Unit to develop and issue a best practice guide for York schools, to includea toolbox of measures for schools to pick and choose from when producing/revising their STP

Agreed that this be progressed as resources allow.

 

REASON:      In order to provide an appropriate response to the Scrutiny recommendations, taking into account the resources required.

146.

Review of Casual Play Opportunities - Final Report pdf icon PDF 73 KB

This report presents the final report arising from the review of Casual Play Opportunities undertaken by the Learning & Culture Overview & Scrutiny Committee.

 

Note: The annexes to the final Scrutiny report have not been included in the printed agenda pack and are available to view on-line only.

Additional documents:

Decision:

RESOLVED: (i)         That the recommendations of the Scrutiny Committee, as set out below, be approved:

 

a)     The introduction of a pilot scheme, by working with the new Taking Play Forward Strategic Board to:

·        identify three diverse areas within the ‘area based service delivery’ pilot area which would benefit from such a scheme;

·        identify all the relevant parties from within the Council, external organisations, and from within the identified area of the City to participate in the scheme;

·        draft a framework for the scheme for the Executive’s consideration.

 

b)     The encouragement of ward committees parish councils and residents’ associations to promote the value of outdoor play and take up any opportunities for encouraging community buy-in to play opportunities in their locality.

 

REASON:      In order to support the recommendations arising from this Scrutiny review.

Minutes:

Members considered the final report arising from the review of Casual Play Opportunities undertaken by the Learning & Culture Overview & Scrutiny Committee.  Cllr Looker, as Chair of the Committee, was in attendance to present the report.

 

The recommendations agreed by the Committee were set out in paragraph 5 of the cover report and paragraph 31 of the final report at Annex 1. 

 

Having noted the comments of the Labour Group Spokespersons on this item, it was

 

RESOLVED: (i)         That the recommendations of the Scrutiny Committee, as set out below, be approved:

 

a)     The introduction of a pilot scheme, by working with the new Taking Play Forward Strategic Board to:

·        identify three diverse areas within the ‘area based service delivery’ pilot area which would benefit from such a scheme;

·        identify all the relevant parties from within the Council, external organisations, and from within the identified area of the City to participate in the scheme;

·        draft a framework for the scheme for the Executive’s consideration.

 

b)     The encouragement of ward committees parish councils and residents’ associations to promote the value of outdoor play and take up any opportunities for encouraging community buy-in to play opportunities in their locality.

 

REASON:      In order to support the recommendations arising from this Scrutiny review.

147.

Race Online 2012 pdf icon PDF 85 KB

This report seeks approval to sign up City of York Council as an official partner in Race Online 2012, and for the Council to work with partners to inspire, encourage and support as many people as possible to get online.

Additional documents:

Decision:

RESOLVED: That consideration of this item be deferred until the next Executive meeting, on 1 February 2011.

 

REASON:      To enable Officers to develop the report to give a wider perspective on the subject.

Minutes:

Members received a report which sought approval to sign up the City of York Council as an official partner in Race Online 2012.

 

In response to the comments of the Labour Group Spokespersons on this item, Members noted that there were no plans to reduce the number of libraries in York.

 

RESOLVED: That consideration of this item be deferred until the next Executive meeting, on 1 February 2011.

 

REASON:      To enable Officers to develop the report to give a wider perspective on the subject.

PART B - MATTERS REFERRED TO COUNCIL

148.

Revised Income Policy pdf icon PDF 100 KB

This report presents a draft revised Income Policy, setting out the guiding principles to be followed by the organisation in ensuring it uses consistent and best practice principles in generating and collecting income, and invites Members to recommend the policy to Full Council for approval.

Additional documents:

Decision:

RECOMMENDED:That Council approve the revised Income Policy at Annex A to the report, subject to the revision of paragraph 13 of the policy to remove the reference to planning fees as an example of charges set nationally by government.

 

REASON:                  To provide appropriate guidance in delivering value for money income arrangements across the organisation and to take account of potential changes that may enable councils to set their own planning fees.

Minutes:

Members considered a report which presented a draft revised Income Policy, setting out the guiding principles to be followed by the Council in ensuring consistency and best practice in the generation and collection of income.

 

The purpose of the draft revised policy, attached as Annex A to the report, was to provide a concise guidance document maintaining the key principles of the current policy but reflecting the increased payment channels available to customers and the changing financial environment.

 

Having noted the comments of the Labour Group Spokespersons on this item, it was

 

RECOMMENDED:That Council approve the revised Income Policy at Annex A to the report, subject to the revision of paragraph 13 of the policy to remove the reference to planning fees as an example of charges set nationally by government.

 

REASON:                  To provide appropriate guidance in delivering value for money income arrangements across the organisation and to ‘future proof’ the policy by taking account of potential changes that may enable councils to set their own planning fees.

 

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