Agenda and minutes

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

The Chair invited Members to declare at this point any personal or prejudicial interests they might have in the business on the agenda.  Councillor Merrett declared a personal interest in relation to question 6 to Councillor Reid under the Minute below regarding ‘Questions to Executive Members’, by virtue of the fact that he lived in a street which had received a letter about adoption of that street.

To approve and sign the minutes of the Council meeting held on 5 October 2006.

The minutes of the meeting of Council held on 5 October 2006 were agreed as a correct record and signed by the Lord Mayor.

To consider any announcements made by the Lord Mayor in respect of Civic business.

The Lord Mayor announced the receipt of the following gifts to the City, which were on view in the Council Chamber:

• A replica of Brooklyn Bridge, received from the President of the City of Brooklyn, New York;
• A glass Waterford crystal bowl, received from Compass in commemoration of their 20^th Anniversary.

At this point in the meeting members of the public who have registered their wish to speak regarding an item on the agenda or an issue within the Panel’s remit can do so. Anyone who wishes to register or requires further information is requested to contact the Democracy Officer on the contact details listed at the foot of this agenda. The deadline for registering is 10:00 am on Wednesday, 29^th November 2006.

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

To consider any petitions received from Members in accordance with Standing Order No. 7, including the following, of which notice has been received:

• A petition from residents of Wigginton, calling for a crossing and traffic safety measures on Mill Lane, Wigginton.  To be presented by Cllr Hogg.

The following petitions were presented by Members under Standing Order 7:

a)                 A petition on behalf of local residents calling for a crossing and traffic safety measures on Mill Lane, Wigginton, presented by Cllr Hogg;

b)                 A petition on behalf of residents of Langholme Drive, in relation to parking issues and access for emergency vehicles, presented by Cllr Simpson-Laing;

c)                  A petition on behalf of residents of Knapton, regarding closure of the village access road to the A1237, presented by Cllr Bradley.

RESOLVED: That the above petitions be referred to the Executive or appropriate committee.

To consider the following motions under Standing Order 11:

(i)         From Cllr Potter:

“Council requests that the Director of Neighbourhood Services urgently ensures that terraced areas of the City receive a recycling service that is equitable with the rest of the City and that larger refuse bins are provided for families with younger children.”

(ii)        From Cllr Evans:

“Council notes with concern Active York’s research which shows that, following the closure of the Barbican Centre, York is now short of approximately twelve 25m lanes of pool space, has an under-supply of indoor sports hall space equal to approximately 24 badminton courts and by 2015 will be short of 64 mini soccer pitches, 17 junior soccer pitches and 19 junior rugby pitches.  Council asks Officers to take immediate steps to identify ways to tackle this shortfall.”

(iii)       From Cllr Steve Galloway:

“Council believes that the Local Government White Paper ‘Strong and Prosperous Communities’ is a missed opportunity. In particular Council regrets that the White Paper:

·        Does not introduce a fair voting system for local government;

·        Does not propose the abolition of the Council Tax and the introduction of a fair tax based on the ability to pay; 

·        Remains silent on returning Business Rates to local control, essential if local democracy is to have the freedom of action to deliver for the community; 

·        Makes no proposals to return to local authorities those powers and budgets previously transferred to central government and quangos;

·        Refers to expanded roles for local authorities to scrutinise, but indicates no resources for this;

·         Removes the obligation for a referendum on any introduction of a directly-elected mayor, and instead seeks to ignore public opinion by allowing them to be introduced by resolution of council.

Council welcomes the intention to revise the Code of Conduct produced by the Standards Board for England and to restore the right of a ward councillor to defend their local community on planning and licensing applications, but regrets the lack of a timetable for when these proposals will be introduced. 

Council notes that local councils will be able to select the electoral cycle for their community.

Council instructs the Chief Executive to write to the Secretary of State expressing its disappointment at the lack of devolution of powers, funding and responsibilities to local government.”

(iv)       From Cllr Kirk:

            “Council notes:

·        That over the last two decades, post offices have been closing at a rate of over 300 per year;

·        That 283 post offices have closed in Yorkshire & Humberside since 2001.  Recent Post Offices closures in the City of York area include Rufforth, Nether Poppleton, Elvington, Eastholme Drive, Holgate, Gale Lane, Boroughbridge Road, Fishergate, Clarence Street, Bishopthorpe Road and Albemarle Road;

·        That following the completion of the Urban Renewal Scheme, there is no longer a commitment to prevent avoidable closures of post offices in urban deprived areas where there is no alternative within half a mile;

·        That Postcomm’s 2005 Annual Report states that nine out of ten rural post offices cannot be maintained on purely a  ...  view the full agenda text for item 36.

In accordance with Standing Order 11, five notices of motion had been received:

(i)            Recycling Services

It was moved by Cllr Potter and seconded by Cllr Looker that:

“Council requests that the Director of Neighbourhood Services urgently ensures that terraced areas of the City receive a recycling service that is equitable with the rest of the City and that larger refuse bins are provided for families with younger children.”

On the advice of the Chief Executive, the Lord Mayor exercised her constitutional authority under Standing Order 11(ii) and referred the above motion directly to the Executive, without debate, for an Officer report on the full financial and other implications of the proposal.

(ii)            Sports Facilities in York

It was moved by Cllr Looker and seconded by Cllr Scott that:

“Council note with concern Active York’s research which shows that, following the closure of the Barbican Centre, York is now short of approximately twelve 25m lanes of pool space, has an under-supply of indoor sports hall space equal to approximately 24 badminton courts and by 2015 will be short of 64 mini soccer pitches, 17 junior soccer pitches and 19 junior rugby pitches.  Council asks Officers to take immediate steps to identify ways to tackle this shortfall.”

Cllr Orrell then moved, and Cllr Steve Galloway seconded, an amendment to the above motion, as follows:

“Delete the words ‘with concern’. 

Delete the words ‘the closure of the Barbican Centre’ and insert ‘the neglect of leisure facilities over many years,’.

Delete the words ‘Council asks Officers to take immediate steps to identify ways to tackle this shortfall.’

Add the following words at the end:

‘Council welcomes the comprehensive work Active York, supported by Council officers, have done, and continue to do, to encourage participation in sport and active leisure across the city. Council notes that Active York has identified these needs ahead of most other Councils in the Region and consequently Active York is recognised by Sport England as an exemplar for Community Sports Networks. Council also notes that MORI research places York  in the top 20 of all Councils in England & Wales in terms of participation in Sport. Council therefore wishes to record its thanks for the work done by this voluntary group and urges them to continue making their valuable contribution to sport and active leisure in the City. Council also recognises that the sports facilities inherited by the current administration in 2003 had all been neglected for many years, few of them being "fit for purpose" and welcomes the plans to work with partners such as the University to modernise existing, and provide new, facilities.’

On being put to the vote, the amendment was declared CARRIED.

The motion, as amended, now read as follows:

"Council notes Active York's research which shows that, following the neglect of leisure facilities over many years, York is now short of approximately twelve 25m lanes of pool space, has an under-supply of indoor sports hall space equal to  ...  view the full minutes text for item 36.

To receive and consider a written report from the Leader on the work of the Executive and the Executive recommendations for approval, as set out below:

A written report was received from the Leader on the work of the Executive, and he then formally moved, and Councillor Waller seconded, those minutes requiring confirmation from the Executive meeting held on 21 November 2006, namely:

(i)                 Minute 117 – Gambling Act 2005: Statement of Licensing Policy;

(ii)               Minute 118 – Local Development Framework: Statement of Community Involvement.

Cllr Horton raised an issue in respect of paragraph 3 of Minute 117 and proposed that this be amended to make it clear that the Licensing Act 2003 Committee had not recommended the adoption of a ‘no casino’ policy.

The motion was put to the vote and was declared CARRIEDand it was

RESOLVED:             That the above minutes, and the recommendations of the Executive in respect of the Gambling Act 2005 Statement of Licensing Policy and the Local Development Framework Statement of Community Involvement be approved, subject to the Executive agreeing to amend the second sentence of paragraph 3 of Minute 117 to read as follows:

                                    “These included whether or not to adopt a ‘no casino’ policy for York, whether or not to adopt a statement on permits for unlicensed Family Entertainment Centres and/or permits for prize gaming, and whether or not to adopt more prescriptive definitions of ‘interested parties’ and location of premises.”

To receive a written report from the Executive Member for Leisure and Culture and to question the Executive Member thereon, provided any such questions are registered in accordance with the timescales and procedures set out in Standing Order 8(2)(a).

A written report was received from Councillor Orrell, the Executive Member for Leisure and Culture.  Councillor Orrell then responded to a series of questions put by Members in accordance with Standing Orders.  Prior notice had been given of four questions to the Executive Member under this item.  These were taken in the order set out on the list circulated around the Council Chamber, until the 10 minute time limit had elapsed, as follows:

(i)         From Cllr Nimmo:

“How is the Leisure and Culture portfolio contributing to the Council’s sustainability agenda?”

The Executive Member replied:

“It has been one of our aims across the Council to raise the profile of sustainability.  I don’t think there is any doubt that we have achieved that objective and awareness of sustainability is at much higher level than it was 3 years ago. 

A few examples illustrate some of the things that have happened with the Leisure & Culture portfolio.

Whilst awareness has been raised significantly much more needs to be done so a Display Poster has been put up at Edmund Wilson detailing the energy use of the building.

We have introduced on site green waste recycling at Glen Gardens and West Bank Park this year (Rowntree was in place 18 months ago). 

We have also introduced a two skip system on some of allotments sites this year (Glen, Hempland, Low Moor and Green Lane) instead of the traditional single landfill skip.  We will be expanding scheme next year to include more sites and also going over to green only skips on a few sites.

The Arts Action Team has been using recycled and reclaimed material for children's arts projects (making paper, weaving + rugs with rags, recycled tiles for mosaic)

Working on an education resource pack to be used at the ecoDepot and in all local schools to be launched Spring 2007

Commissioned a story book on environmental sustainability jointly with Early Years team to go out to all early years settings in March 2007  provisionally called "The Three Little Pigs and the Straw Stick House."

98% of artists on Artists database for schools and community use are local artists from this region.”

(ii)        From Cllr Bartlett (put by Councillor Hyman in Councillor Bartlett’s absence):

“Can the Executive Member give more details of the work with people with disabilities within the Leisure & Culture portfolio?”

The Executive Member replied:

“I appreciate that we are encouraged to be brief in our answers so what I say in this area only scratches the surface of the work that is being done with people with disabilities. I could indeed give the full 10 minutes and more to this area so the following are some examples of the work being done.

Some projects cross all areas of the portfolio & some cross a number of directorates across the council & some are the result of working with partners.

The allotment photo in my report was from Hempland Lane. The Hemplands Allotments Association was supported to create a disabled friendly plot with  ...  view the full minutes text for item 38.

To deal with the following questions to the Executive Leader or other Executive Members, in accordance with Standing Order 10(a):

(i)         To the Executive Member for Neighbourhood Services, from Cllr Hill:

“Can the Executive Member provide me with a figure for the number of bicycles crushed and disposed of as scrap metal or landfill in the city, in the period since the practice of allowing the public to recover materials from household waste sites was disallowed at the start of the Lib Dems' tenure as Council Executive?”

(ii)        To the Executive Member for Neighbourhood Services, from Cllr Hill:

“Can the Executive Member provide me with a figure for the number of bikes that have been salvaged and reused, either by the Council, members of the public or by bicycle reuse organisations such as "Re-Cycle", during this period?”

(iii)       To the Executive Member for Neighbourhood Services, from Cllr Potter:

“Would the Executive Member confirm how many times cameras have been deployed to investigate early presentation of refuse bins / bags and fly tipping, and how much the Council has paid for cameras and whether any useful evidence has been gathered that could lead to a prosecution?”

(iv)      To the Executive Member for Neighbourhood Services, from Cllr Greenwood:

“Can the Executive Member comment on the current performance in removing graffiti and abandoned cars?”

(v)       To the Executive Member for City Strategy, from Cllr Simpson-Laing:

“Will the Executive Member explain why there are continuing problems with reliability of the 'ftr' service and timing, given the concept was meant to overcome boarding delays, and can she confirm whether an additional bus has been added into the 'ftr' service schedules?”

(vi)      To the Executive Member for City Strategy, from Cllr Simpson-Laing:

“Can the Executive Member confirm how many existing residential streets have been adopted since 2003, and how many have been requested for adoption by residents?”

(vii)     To the Executive Member for City Strategy, from Cllr Moore:

“Would the Executive Member comment on the outcome of the tendering exercise for the current year highways maintenance contract?”

(viii)    To the Executive Member for Resources, from Cllr Looker:

“Would the Executive Member explain when the need to alter the Barbican 106 agreement was identified, who was involved in making that decision and why there was a substantial delay in submitting the formal proposal to Planning?”

(ix)      To the Executive Member for Leisure and Culture, from Cllr Evans:

“Can the Executive Member explain what kind and level of community use is being made of the three PFI school facilities now that they have opened, as was intended under the original proposals?”

(x)       To the Executive Member for Adult Social Services, from Cllr Fraser:

“Will the Executive Member detail how many ‘Home Care’ packages are being offered this financial year compared with last?”

(xi)      To the Executive Member for Adult Social Services, from Cllr Livesley:

“When does the Executive Member anticipate that Windsor House will be open?”  ...  view the full agenda text for item 39.

In accordance with Standing Order 10(c)(1), the following questions were put and responses given:

(i)         From Cllr Hill to the Executive Member for Neighbourhood Services:

“Can the Executive Member provide me with a figure for the number of bicycles crushed and disposed of as scrap metal or landfill in the City, in the period since the practice of allowing the public to recover materials from household waste sites was disallowed at the start of the Lib Dems’ tenure as Council Executive?”

            The Executive Member replied:

“Practices at the Household Waste recycling centres were refined by this administration in order to improve health and safety operations on sites, dramatically boost the proportion of waste being diverted from landfill, and to improve the assistance being offered to members of the public taking waste to the sites. As the question includes the instances where bicycles are disposed of outside the recycling and waste systems operated by the council I cannot give him a figure for the total number of bicycles crushed or disposed of as scrap metal or landfill in the city, but I can assure him that every effort is made to keep bicycles out of landfill when they come to our Household Waste Recycling Centres.”

The Executive Member then responded to a supplementary question relating to the number of bicycles disposed of as scrap metal or landfill since 2003.

(ii)        From Cllr Hill to the Executive Member for Neighbourhood Services:

“Can the Executive Member provide me with a figure for the number of bikes that have been salvaged and re-used, either by the Council or by bicycle re-use organizations such as ‘Re-Cycle’, during this period?”

            The Executive Member replied:

“From the first two months when Bike-Rescue were operational with a full business plan, and premises, 150 bikes had been segregated from waste at Hazel Court as reported to City of York Council and Yorwaste on 31^st October 2006. We are very keen to see this re-use system work, and are working closely with Bike-rescue.

The question also would include the instances where bicycles are disposed of outside the recycling and waste systems operated by the council. I cannot therefore give a figure for the total number of bicycles salvaged and reused by the public during this period, but I hope that the figure for the council recycling service will suffice.”

The Executive Member then responded to supplementary questions regarding the separation of waste and the viability of re-use credits.

(iii)       From Cllr Potter to the Executive Member for Neighbourhood Services:

“Would the Executive Member confirm how many times cameras have been deployed to investigate early presentation of refuse bins / bags and fly tipping, and how much the Council has paid for cameras and whether any useful evidence has been gathered that could lead to a prosecution?”

            The Executive Member replied:

“Neighbourhood Services officers have used a number of cameras to record evidence which they deploy on a daily basis. The council paid £5k towards the cost of a  ...  view the full minutes text for item 39.

To consider the following recommendations for approval from the Licensing Act 2003 Committee:

Councillor Nimmo moved, and Councillor Moore seconded, those minutes requiring confirmation from the following meeting:

Licensing Act 2003 Committee on 3 November 2006, Minute 12 (Gambling Policy) – recommendations (ii) and (iii) in relation to the method of publication of the Gambling Act policy and the summary of delegations set out in the policy document.

RESOLVED:That minute 12 of the above meeting and recommendations (ii) and (iii) of the Licensing Act 2003 Committee in respect of the Gambling Policy be approved.

To receive a written report from Cllr Kirk, the Chair of the Scrutiny Management Committee (SMC) on the work of the SMC.

A written report was received from Councillor Kirk, the Chair of the Scrutiny Management Committee (SMC), on the work of the SMC since the last report to Council, on 5 October 2006, which included setting up 2 new scrutiny reviews (use of council owned land in Tang Hall and highways maintenance procurement), updating the ongoing work of established scrutiny committees and bringing to completion reviews outstanding from 2005/6.

Minutes of the following meetings of outside bodies, received since the last meeting of Council, have been made available for Members to view on the Council’s website, at:

http://democracy.york.gov.uk/mgListOutsideBodies.asp?bcr=1

Copies may also be obtained by contacting Democracy Support Group at the Guildhall, York (Tel. 01904 551088).

• Regional Transport Board Meeting (draft minutes 22 September)
• Yorkshire & Humber Assembly (summary notes of meeting 16 November)
• North Yorkshire Police Authority (minutes of meeting 31 July)
• Safer York Partnership Board (minutes of meeting 11 October)
• Pension Fund Committee (minutes of meeting on 22 September)

Members are invited to put any questions to the Council’s representatives on any of the above bodies, in accordance with Standing Order 10(b).

Minutes of the following meetings of Outside Bodies were considered:

Regional Transport Board

Draft minutes of meeting on 22 September

Yorkshire & Humber Assembly

Summary notes of meeting on 16 November

North Yorkshire Police Authority

Minutes of meeting on 31 July

Safer York Partnership Board

Minutes of meeting on 11 October

Pension Fund Committee

Minutes of meeting on 22 September

In accordance with a previous request at Council, these minutes had been made available to Members to view on the Council’s computer system.  The Lord Mayor invited comments and questions, firstly, from Council representatives on those bodies either in relation to the body generally or specifically on the minutes, and then, secondly, from Members generally.

To consider the appointments and changes to the membership of committees and outside bodies set out on the list attached to this summons.

Cllr Waller proposed the following addition to the list of appointments and changes circulated around the Council:

Local Development Framework Working Group

Cllr Morley to replace Cllr Steve Galloway as 1^st Liberal Democrat substitute

RESOLVED:             That the appointments to Committees, Outside Bodies and Working Groups set out in the list circulated around the Council Chamber, and the above addition as proposed by Cllr Waller, be approved (in accordance with the list attached as Annex A to these minutes).