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 Lord Mayor invited Members to declare any personal or prejudicial interests they had in any of the business on the agenda.  Cllr Fraser declared a personal, non-prejudicial interest in agenda item 6(iv) (notice of motion from Cllr Sue Galloway on Bed Closures at York District Hospital), as a retired member and employee of UNISON.

To approve and sign the minutes of the meeting of Council held on 29 June 2006.  Copy to follow.

Councillor Fraser referred to Minute No. 6(2) relating to the appointment of a Young Peoples Champion.  After considering the challenge to the ‘veracity’ of the minute, the Lord Mayor ruled that the minute was nonetheless accurate and the minutes of the meeting of Council held on 29 June 2006 were then agreed as a correct record and signed by the Lord Mayor (as Chair of Council).

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 available to view in the Council Chamber:

• A dish from the Dijon Association, members of which had attended the Freedom Parade.

At this point in the meeting, any member of the public who has registered to address the Council or ask a question of any Member of Council, for up to 3 minutes, on any matter directly relevant to the business of the Council or the City, may do so.  Anyone who wishes to register or requires further information is requested to contact Dawn Steel on York (01904) 551030.  The deadline for registering is 10.00 am on Wednesday, 4^th October 2006.

The Lord Mayor reported that there had been two registrations to speak at the meeting under the Council’s Public Participation scheme.

The first speaker, Mary Fairbrother, spoke on behalf of the York Blind and Partially Sighted Society in relation to the difficulties experienced by visually impaired people using the ftr bus service.

The second speaker, Jim Hardie, spoke in support of the petition to be presented by Cllr Looker, under agenda item 5, seeking the pedestrianisation of Fossgate.

RESOLVED: That the comments made be noted and that the comments of the first speaker be taken into account when considering the motion on the ftr bus under agenda item 7 (Minute 60 refers) and those of the second speaker when Cllr Looker’s petition is considered by the appropriate Council body.

To consider any petitions received from Members in accordance with Standing Order No.7.

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

1. A petition on behalf of local residents and traders seeking the pedestrianisation of Fossgate, presented by Cllr Looker.
2. A petition on behalf of local residents seeking the re-opening of Acomb Police Station, presented by Cllr Bartlett.
3. A petition on behalf of residents opposed to the reduction in frequency of the 22/23 bus between Fulford and the City Centre, presented by Cllr D’Agorne.
4. A petition on behalf of residents concerned about the need for improved enforcement of the weight limit on vehicles accessing Dunnington village.

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 the restoration of the budgets for ward committee funding, making good the cuts in this year’s budget.”

(ii)               From Cllr S F Galloway:

“Council notes with concern the recent announcements of job losses in the city. Council recognises the need for stability in, and the further diversification of, the local economy and welcomes proposals to establish new support arrangements for those facing redundancy and for an independent review of the prospects for, and actions necessary to ensure, the prosperity of the City over the next decade and beyond.  Council remains concerned at the decline of manufacturing industry across the country, and in our area specifically, and calls upon central government to do more to support local businesses.”

(iii)             From Cllr D Merrett:

“Council requests, as part of the Council’s response to the recent major job loss announcements across a number of important sectors of the City’s economy, and to questions as to how well the Council’s existing job creation strategies and spending levels match the profile and numbers of York residents losing employment, that the Director of City Strategy, in conjunction with local business leaders, partners and MPs urgently review and update the Council’s Economic Development Strategy and expenditure priorities.”

[Note:  In accordance with Standing Order 14(r), motion (iii) above, might be ruled out of order by the Chair in light of the previous motion (ii) to be considered]  

(iv)       From Cllr  Sue Galloway:

“Council believes that responsibility for NHS cuts at Selby & York PCT rests with the Labour Government and the Department of Health.  Therefore, Council calls upon Patricia Hewitt, Secretary of State for Health, to act to reverse the proposal to cut up to 60 beds at York District Hospital. 

Council asks the Chief Executive to write to Patricia Hewitt to ask for her assurance she will protect local residents and give a guarantee that these bed closures will not go ahead.” 

(iv)       From Cllr D’Agorne:

Consultation on changes to planning processes

“This council notes with concern the Government proposals for new nuclear power stations and the intention to 'fast track' planning applications without full public inquiry processes. We condemn the lack of robust examination of the options during the recent government policy review and the failure to provide hard evidence of the economic and environmental case for new nuclear plants in the UK.

This Council believes that the response to climate change should be with a rapid programme of cutting energy and resource consumption, increased renewables etc rather than by developing new nuclear plants.  It believes it is unacceptable to seek to avoid effective opposition by changing planning processes. It also believes any new plants will have a serious opportunity cost in relation to the development of new renewable technologies and will perpetuate the

terrorist threat and problems of managing a growing waste mountain.

Council resolves to instruct the Chief Executive to respond to the DTI

consultation before  ...  view the full agenda text for item 21.

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

(i)           Ward Committee Budgets

It was moved by Councillor Potter and seconded by Councillor King that:

“Council requests the restoration of the budgets for ward committee funding, making good the cuts in this year’s budget.”

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 for an Officer report on the financial implications of the proposal.

(ii)         Employment Issues in the City of York Area (Cllr Galloway)

                  It was moved by Councillor Steve Galloway and seconded by Councillor Waller that:

                  "Council notes with concern the recent announcements of job losses in the City.  Council recognises the need for stability in, and the further diversification of, the local economy and welcomes proposals to establish the new support arrangements for those facing redundancy and for an independent review of the prospects for, and actions necessary to ensure, the prosperity of the City over the next decade and beyond.  Council remains concerned at the decline of manufacturing industry across the country, and in our area specifically, and calls upon central government to do more to support local businesses.”

Councillor Merrett then moved, and Councillor Potter seconded, an amendment to the above motion, as follows:

“Remove the full stop at the end of the last sentence, substitute a comma, and add the words:

‘as well as asking the review to look at what more can be done locally’.

Add a second paragraph, to read as follows:

‘Council requests that in supporting this review the Director of City Strategy looks at how well the Council’s existing job creation strategies match the profile and numbers of York residents losing employment, and that the results of the review group, plus the representations of other stakeholders in the City, - including Members and MPs – be analysed by the Director of City Strategy and reported to the Executive as soon as possible together with recommendations about how the use of Council resources allocated for economic development purposes should be refined to address the changing needs of the local economy.’”

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

The motion, as amended, now read as follows:

"Council notes with concern the recent announcements of job losses in the City.  Council recognises the need for stability in, and the further diversification of, the local economy and welcomes proposals to establish the new support arrangements for those facing redundancy and for an independent review of the prospects for, and actions necessary to ensure, the prosperity of the City over the next decade and beyond.  Council remains concerned at the decline of manufacturing industry across the country, and in our area specifically, and calls upon central government to do more to support local businesses, as well as asking the review to look at what more can be done locally.

Council requests that in supporting this review the Director  ...  view the full minutes text for item 21.

To receive and consider a written report from the Leader on the work of the Executive and deal with any recommendations arising from their work and including the report of the Director of City Strategy and the original motion from Councillor Simpson-Laing relating to the ‘ftr’.  [Attached: Leader’s report; report of Director of City Strategy on ‘ftr’, including motion from Councillor Simpson-Laing; and Executive minute from its meeting on 26 September 2006]   

The Leader moved his written report on the work of the Executive, the Shadow Executive Leader responded.

Councillor Simpson-Laing then moved, and Councillor Potter seconded, the following motion, which had been referred by Council to the Executive on 23 June 2006 and subsequently referred back to Council after consideration at the Executive meeting on 26 September 2006:

“This Council has some concern over the partnership agreement between CYC & First York Ltd with regard to the ‘ftr’. Council asks CYC Officers:

• To ensure that ticketing difficulties, including the issue of 'Family Tickets' and the inability of the ticket machines to give change are sorted out as a matter of urgency so that York residents are not financially penalised when using the service.
• That CYC ask First to retain conductors on board or allow contact between passengers and drivers when there are payment difficulties or access/destination issues particularly for those with disabilities.”

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

“At the end of the motion, insert the following additional words:

‘Council further recognises that current legislation greatly restricts the influence that Council officials can have on commercially operated public transport services, that many of the changes requested in this motion have already been vigorously pursued by the Council while others – such as the use of conductors – are entirely matters within the powers of the operator to determine’.”

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

The motion, as amended, now read as follows:

“This Council has some concern over the partnership agreement between CYC & First York Ltd with regard to the ‘ftr’. Council asks CYC Officers:

• To ensure that ticketing difficulties, including the issue of 'Family Tickets' and the inability of the ticket machines to give change are sorted out as a matter of urgency so that York residents are not financially penalised when using the service.
• That CYC ask First to retain conductors on board or allow contact between passengers and drivers when there are payment difficulties or access/destination issues particularly for those with disabilities.

Council further recognises that current legislation greatly restricts the influence that Council officials can have on commercially operated public transport services, that many of the changes requested in this motion have already been vigorously pursued by the Council while others – such as the use of conductors – are entirely matters within the powers of the operator to determine.”

The motion, as amended was put to the vote and was declared CARRIEDand it was

RESOLVED:             (i)         That the Leader’s report be received and noted.

(ii)               That Councillor Simpson-Laing’s motion, as amended, be approved.

To receive a written report from the Executive Member for Corporate Services 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 Cllr Macdonald, the Executive Member for Corporate Services. 

Cllr Macdonald drew attention to an error in the sixth line of the first paragraph of the report and asked that this be amended to read “..concentrate on those areas where the performance has not yet reached the required standard.”.

RESOLVED: That the report, as amended, be received and noted.

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

Executive Member for City Strategy

From Cllr Aspden:

“Given the changes to the bus services serving the Fordlands Road area in Fulford, will the Executive Member for City Strategy reconsider the provision of a pedestrian refuge at the junction with Main Street as soon as possible, on the basis that a safe crossing point is needed to allow residents to access the bus stops and local shops?”

From Cllr Simpson-Laing:

Will the Executive Member confirm passenger numbers for the 'ftr' on a monthly basis since May 2006 and compare those with the same period for route No4 in 2005?

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?

From Cllr King:

Could the Executive Member report on the number of complaints/incidents in relation to trips and falls related to the`'ftr' since May 2006?

From Cllr Looker:

Will the Executive Member explain why there was such a delay in brining forward the alteration to the Section 106 agreement for the Barbican, and who was responsible?

From Cllr Scott:

Given the figures required for York's housing needs, particularly in relation to Affordable Housing, as published in the Fordham Reserach Document of June 2006, is the Executive Member now seeking higher housing projections for York through the Regional Spatial Strategy Inquiry.

From Cllr D’Agorne:

How much has been spent on preparing the council bid for waste PFI to date (including consultants fees and officer time) and how much is projected for the current year?

Executive Member for Housing

From Cllr Potter:

What level of staff support (including fte time allocations) are residents associations now receiving from the Neighbourhood Pride unit compared to that previously received from Community Services and when will the SLA between Housing and Neighbourhood Services finally be agreed?

From Cllr Merrett:

Would the Executive Member advise how many affordable properties for sale have been agreed in section 106 agreements for housing developments completed to  date, how many of these properties were successfully sold to persons from the York Housing waiting lists, whether any remained unsold and what happened to those (including a breakdown by property type & bedroom number & price, and how the sale of theses properties is monitored, including subsequent resales)   

Executive Member for Corporate Services

From Cllr Looker

Can the Executive Member explain what he is doing to bring the procurement strategy back on track by meeting the savings targets?

What percentage of staff appraisals have now been completed in the Resources Department?

What is the Executive Member doing to ensure that the Property Services overspend is being managed and brought back within budget?  

Executive Member for Neighbourhoods

From Cllr Moore

Would the Executive Member report what cuts have had to be made  ...  view the full agenda text for item 24.

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

(i)         From Councillor Aspden to the Executive Member for City Strategy

“Given the changes to the bus services serving the Fordlands Road  in Fulford, will the Executive Member for City Strategy reconsider the provision of a pedestrian refuge at the junction with Main Street as soon as possible, on the basis that a safe crossing point is needed to allow residents to access the bus stops and local shops?”

            The Executive Member replied:

“I have already recognised the increased need for a pedestrian refuge in this location and provision is made in this year’s capital programme.  Work has started on the design of the refuge and it is intended to have it in place as soon as possible.

In response to a supplementary question about the likely timescale for this work the Executive Member replied:

“There will be a report to the City Strategy EMAP meeting in December.”

In response to a supplementary question on the consideration of proposals for a pedestrian refuge at this site by the East Area Planning Sub-Committee two years ago, the Executive Member replied:

“Yes, the Sub-Committee did consider this and the proposals were refused.  I do not know who voted which way on the proposals.”

(ii)        From Councillor Simpson-Laing to the Executive Member for City Strategy

“Will the Executive Member confirm passenger numbers for the ‘ftr’ on a monthly basis since May 2006 and compare those with the same period for route no. 4 in 2005?”

The Executive Member replied:

“Information in this format is commercially sensitive for First as a private business operating within the City.  Under current legislation the Council has no powers to require this information to be made public.”

She then responded to supplementaries regarding the Annual Best Value Performance Plan report and the nature of the major capital investment involved.

(iii)             From Councillor Simpson-Laing to the Executive Member for City Strategy:

The following registered question was not formally put at the meeting:

“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?”

(iv)      From Councillor King to the Executive Member for City Strategy

“Could the Executive Member report on the number of complaints / incidents in relation to trips and falls related to the ‘ftr’ since May 2006?”

The Executive Member replied:

“This information is not held by City of York Council and is not information that we receive through partnership arrangements.  The Member will need to seek the information from First York but I understand that they are not obliged to make such detail available.”

In response to a supplementary question on whether a monthly or quarterly report on these incidents could be obtained, the Executive Member replied:

“This would be up to First York, as the  ...  view the full minutes text for item 24.

To consider the following recommendations for approval from the Licensing and Regulatory Committee:

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

Licensing & Regulatory Committee on 1 September 2006, Minute 5 – recommendations in respect of Electoral Arrangements – Parish of Clifton Without.

RESOLVED:That minute 5 of the above meeting and the recommendations of Licensing & Regulatory Committee in respect of Electoral Arrangements – Parish of Clifton Without be approved.

To consider the recommendations of Audit & Governance Committee from its meeting on 4 October 2006, relating to a constitutional amendment to Standing Orders 8(2)(a) and 10(a) received from Councillor Merrett. [Report to Audit & Governance Committee attached as background information.  Recommendation from Audit & Governance Committee to be tabled at the meeting]

Councillor Hyman moved, and Councillor Holvey seconded, those minutes requiring confirmation from the following meeting:

Audit & Governance Committee on 4 October 2006, Minute 35 – recommendations in respect of a proposed Constitutional Amendment.

Councillor Merrett then moved, and Councillor Scott seconded, an amendment to the recommendations, as follows:

“In the section headed ‘Standing Order 8(2)(a)’, after the first sentence ending with the words ’10 minutes’ insert a new sentence with the words ‘no answer given shall exceed 2 minutes in duration.’

In the section headed ‘Standing Order 10(a), in the sixth line after the sentence ending with the words ’10 minutes’, insert a new sentence with the words ‘no answer given shall exceed two minutes in duration’.”

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

The original motion, namely the recommendations of the Audit & Governance Committee, was then put to the vote and declared CARRIED and it was

RESOLVED:             That minute 13 of the above meeting and the recommendations of the Audit & Governance Committee in respect of the proposed Constitutional Amendment be approved.

To receive a written report on the work of the Scrutiny Management Committee (SMC) from Cllr Kirk, the Chair of SMC, and consider the recommendation of SMC regarding the Annual Report on Scrutiny for 2005/06. [Report attached from Chair of SMC, together with SMC minute and final text of Annual Scrutiny Report for 2005/6. The final version of Annual Report will be available at the meeting]

Councillor Kirk, Chair of the Scrutiny Management Committee (SMC), moved, and Councillor Hyman seconded, receipt of Cllr Kirk’s written report on the work of the SMC since the last report to Council, in June 2006, and endorsement of the Annual Scrutiny Report for 2005/06.

Councillor Fraser then moved, and Councillor Looker seconded, an amendment to the above motion, as follows:

“At the end of Cllr Kirk’s motion to receive her report and endorse the Annual Report for 2005/06, insert the following words:

‘and instruct the Chair of SMC to take steps to ensure that there is no repeat of the abuse of the Council’s conventions and due process such as that perpetuated by the Chair of the Health Scrutiny Board and supported by members of the majority Group, at the meeting of the Board held on 31^st July and 2^nd August of this year.’”

In view of the fact that it was now nearly 10:00 pm, the Lord Mayor ruled that the amendment be put to the vote without debate, in accordance with Standing Order 1(c).

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

The original motion was then put to the vote and declared CARRIED and it was

RESOLVED: That the report of the Chair of SMC be received and noted and that the Scrutiny Annual Report for 2005/06 be endorsed.

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 computer system, on the M:Drive in “All Members/COUNCIL Outside Body Minutes/2006/29 October 2006”.  Copies may also be obtained by contacting the Democracy Support Group at the Guildhall, York (Tel. 01904 551088). 

•  North Yorkshire Police Authority
• Local Government Yorkshire & Humber
• Association of North Yorkshire Councils
• North Yorkshire Fire & Rescue Authority

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.  In accordance with a previous request at Council, these 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.

·        North Yorkshire Police Authority

Meeting on 29 June 2006 (draft minutes)

·        Local Government Yorkshire and Humber

Annual General Meeting on 14 July 2006

·        Association of North Yorkshire Councils

Annual Meeting on 10 July 2006

To consider the appointments and changes to the membership of Committees and Outside Bodies set out in the list attached to this Summons.

RESOLVED:             That the appointments to Committees, Outside Bodies and Working Groups, as set out in the list at page 67 of the Council papers (attached as Annex A to these minutes), be approved.