Agenda and minutes

Members observed a minute’s silence in respect of former Councillor Bill Bennett, who had died in July.

At this point Members are asked to declare any personal or prejudicial interests 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.  No interests were declared.

To approve and sign the minutes of the special and ordinary Council meetings held on 28 June 2007.

The minutes of the special and ordinary Council meetings held on 28 June 2007 were agreed as a correct record and signed by the Lord Mayor, subject to an amendment to the attendance list in the latter, to list the Lord Mayor once, in the chair, and not under Members for Skelton, Rawcliffe & Clifton Without Ward.

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

The Lord Mayor announced receipt of the following gifts:

·  A picture from Australia displayed at the bottom of the stairs in Guildhall Reception;

·  A blue flag presented by visitors from the USA.

A golf trophy won by Fulford Golf Club, in a tournament against Riverton Country Club, USA, was also on display in the Council Chamber.

It is at this point in the meeting that members of the public who have registered their wish to speak regarding an item on the agenda or an issue within the remit of Council may do so.  Anyone who wishes to register, or requires further information, is requested to contact the Democracy Officer for this meeting.  Contact details are listed at the foot of this agenda.  The deadline for registering is 5:00pm on Wednesday 3 October 2007.

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

Alice Gomez addressed the meeting on behalf of the Save Yearsley Bridge Group, regarding the proposed closure of Yearsley Bridge Day Centre.

Tina Fernie spoke in support of a petition to stop anti-social behaviour in Rawcliffe.¹

Mark Warters spoke regarding City of York Council Public Footpath Osbaldwick No.6 Extinguishment Order June 2006 and the Planning Inspector’s findings thereon.

To consider any petitions received from Members in accordance with Standing Order No.7.  To date, notice has been received of petitions to be presented by:

i)        Cllr Potter, on behalf of the Save Yearsley Bridge Group, regarding the proposed closure of Yearsley Bridge Day Centre;

ii)      Cllr Potter, on behalf of residents in Penyghent Avenue, requesting speed humps and traffic calming on the avenue.

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

i)          A petition presented by Cllr Potter, on behalf of the Save Yearsley Bridge Group, regarding the proposed closure of Yearsley Bridge Day Centre;¹

ii)                  A petition presented by Cllr Potter, on behalf of residents in Penyghent Avenue, requesting speed humps and traffic calming on the avenue;²

iii)        A petition presented by Cllr D’Agorne, on behalf of local residents, objecting to the proposal to demolish the Christian Science Church at the junction of Kilburn Road and Fulford Road and the plan to build 8 town-houses on the site, and calling for the Conservation Area to be extended to include this site;³

iv)        A petition presented by Cllr Scott, on behalf of residents at High Cliffe Court,regarding traffic issues;⁴

v)         A petition presented by Cllr Horton, on behalf of York residents, requesting more affordable housing in the City;⁵

vi)        A petition presented by Cllr Fraser, on behalf of businesses on Bishopthorpe Road, calling for CCTV coverage for the area;⁶

vii)       A petition presented by Cllr Aspden, on behalf of residents of Fulford, calling for Chapel Alley snicket to be adopted by the Council;⁷

viii)      A petition presented by Cllr Holvey, on behalf of residents of Woodthorpe, calling for the closure of the alleyway leading from Carrfield, between numbers 24 and 26 to Heron Avenue.⁸

To consider the following Notices of Motion under Standing Order 11:

A – Motions previously referred to the Executive for consideration in accordance with Standing Order 11(a)(ii)(copies of the relevant report to the Executive and an extract from the Executive minutes are attached)

(i)         From Councillor Blanchard

“Council notes that:

·  To produce foie gras, at just 12 weeks old ducks and geese are restrained and grain is forced down the throat through a tube or pipe, a process that often results in physical injury;

·  They are forcibly fed the equivalent to an adult human eating 1-28 lbs (7-13 kg) of spaghetti a day; and, after two or three weeks, when they are ready for slaughter, their livers will have swollen to about ten times normal size.  The swollen liver expands the abdomen and can make movement and breathing difficult, as well as causing other health problems;

·  Most ducks are kept in wire cages so small they have no room to turn around or stretch their wings, and their feet are often injured by the wire floor;

·  Many die before the force feeding cycle ends, and the mortality rate for ducks raised on foie gras farms is overwhelmingly the highest in the industry;

·  The force-feeding of geese is already outlawed in Poland, Denmark, Germany, Norway and Israel.

Council believes that:

·  This intolerably cruel and painful practice is unnecessary and should end;

·  The city of Chicago, USA, has shown tremendous compassionate leadership in its brave decision to ban foie gras in its shops and restaurants;

·  The torture of small innocent animals should not be a matter of personal dietary choice.

Council resolves to:

·  Instruct the Chief Executive to write to Ben Bradshaw MP, Minister of State responsible for Animal Welfare, informing him of this motion and asking for the production and sale of foie gras to be banned in the UK;

·  Do as much as reasonably possible to discourage or prohibit the sale of foie gras within the authority area, whether in shops or restaurants.”

B – Motions submitted for consideration directly by Council, in accordance with Standing Orders 11(a)(ii)

(ii)        From Councillor Steve Galloway

            "Council places on record its support for the Chief Constable of North Yorkshire in his efforts to ensure that adequate government grant is provided to his force to ensure that, at least, as many Police Officers and PCSOs are available, to enforce the law on the streets of York, as are currently allocated".

(iii)       From Councillor Kirk

“Council notes with concern the flooding caused around York this summer as a result of drainage systems being unable to cope with the level of rainfall.

Council calls for the government to introduce a statutory duty on the private water companies to review and upgrade drainage in line with the increased needs due to climate change, as well as to maintain drainage systems properly and make pumping stations proof against flooding.”

(iv)       From Councillor Potter

            “City of York Council calls upon North Yorkshire Police Authority to  ...  view the full agenda text for item 34.

Six notices of motion had been received.  Councillor Steve Galloway therefore moved, Councillor Scott seconded and Council agreed a motion to suspend Standing Order 11(b), which limited the number of notices of motion to be discussed to five, so that all of the notices of motion could be considered.

(i)         Sale and Production of Foie Gras

This motion had previously been referred to the Executive for consideration in accordance with Standing Order 11(a)(ii):

“Council notes that:

·  To produce foie gras, at just 12 weeks old ducks and geese are restrained and grain is forced down the throat through a tube or pipe, a process that often results in physical injury;

·  They are forcibly fed the equivalent to an adult human eating 1-28 lbs (7-13 kg) of spaghetti a day; and, after two or three weeks, when they are ready for slaughter, their livers will have swollen to about ten times normal size.  The swollen liver expands the abdomen and can make movement and breathing difficult, as well as causing other health problems;

·                          Most ducks are kept in wire cages so small they have no room to turn around or stretch their wings, and their feet are often injured by the wire floor;

·  Many die before the force feeding cycle ends, and the mortality rate for ducks raised on foie gras farms is overwhelmingly the highest in the industry;

·  The force-feeding of geese is already outlawed in Poland, Denmark, Germany, Norway and Israel.

Council believes that:

·  This intolerably cruel and painful practice is unnecessary and should end;

·  The city of Chicago, USA, has shown tremendous compassionate leadership in its brave decision to ban foie gras in its shops and restaurants;

·  The torture of small innocent animals should not be a matter of personal dietary choice.

Council resolves to:

·  Instruct the Chief Executive to write to Ben Bradshaw MP, Minister of State responsible for Animal Welfare, informing him of this motion and asking for the production and sale of foie gras to be banned in the UK;

·  Do as much as reasonably possible to discourage or prohibit the sale of foie gras within the authority area, whether in shops or restaurants.”

As the proposer of the motion, Cllr Blanchard put forward an alteration with Council’s consent:

“Delete the final two bullet points after ‘Council resolves to’ and replace with:

·        ‘Instruct the Chief Executive to write to Lord Rooker, the Minister for Sustainable Food and Farming and Animal Health, stating the council’s concern regarding the sale of foie gras in the UK and requesting a review of central government policies on animal welfare issues;

·        Ban the procurement of foie gras by the council;

·        Ban sale of foie gras by the council on its premises;

·        Place a link to the website of Compassion in World Farming on the council website;

·        Inform representative hospitality organisations in the city of its view.’”

The altered motion was then moved by Cllr Blanchard, and seconded by Cllr Scott:

“Council notes that:

·  To produce foie gras, at just 12  ...  view the full minutes text for item 34.

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:

Meeting                        Date                                                               Recommendations

Executive25 September 2007 Minute 64 – Setting out the long-term direction for the Council: Corporate Strategy 2007-2011

A written report was received from the Leader, Cllr Steve Galloway, on the work of the Executive.  He then moved, and Cllr Jamieson-Ball seconded, the minutes requiring confirmation  from the Executive meeting on 25 September 2007, namely:

• Minute 64 – Setting out the long-term direction for the Council: Corporate Strategy 2007-2011.¹

RESOLVED:That the above minutes and the recommendations of the Executive be approved.

[27 votes for the motion, 0 votes against the motion, 18 abstentions.]

To receive a written report from the Executive Member for City Strategy, 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 Reid, the Executive Member for City Strategy.

Notice had been received of  9questions put by Members in accordance with Standing Orders, as follows and as set out on the list circulated around the Council Chamber:

(i)         From Cllr Hyman:

            "Can the Executive Member outline the reasons for the projected overspend in the Concessionary Fares budget?"

“Members will be aware that, despite the original negotiations with all the bus companies and a government grant that reflected the outcome of those negotiations the Concessionary Fares system allowed bus companies to appeal.   First appealed nationally and were  successful.   The Council was required to pay additional £274k reimbursement to First York in 2006/07 which was funded by a one-off release from reserves. However no provision is available for 2007/08.

As you will see from my report there has been a further increase in the number of passes issued compared to that of tokens.  A significant increase in bus usage by eligible pass holders and increased bus fares have lead to additional claims for reimbursement.

The forecasted overspend is made up of:-

£274k  unfunded costs arising from appeal decision,

£43k inflationary increases by First York,

£51k of additional claims settled by the North Yorkshire Concessionary Fares partnership affecting CYC,

£372k worth of growth in the number of journeys.

To put this in context in 2005/06 when the fare was 50p return there were 1 million journeys on First buses.  3 million journeys are forecasted for 2007/08.

Although welcoming this increase in bus patronage we are in the same situation as many other Local Authorities in that we have a deficit budget through no fault of our own.   When the Government offers free bus travel for pensioners then it should at least have the decency to fully fund it rather than expecting the general taxpayer to pickup the difference.

We will no doubt be in a similar difficult financial situation next year when the national scheme is introduced.”

(ii)        From Cllr Simpson-Laing:

            “Can the Executive Member map out the timetable, up to 2011, for work on LTP3 including her envisaged levels of public consultation?”

“Cllr Simpson-Laing is, of course, aware that although LTP is funded until 2011 the process involved us indicating our plans for a 15 year period up to 2021.   Therefore we will not be starting from scratch but rather building on what we are doing now.

To support that, the Dft have stated that they expect the local transport plan process to carry on beyond 2011, however, this assumes that there will be no change in government.  

Clearly if Labour were to lose power changes could be the expected.  So far no guidance has been received from the DfT and it would be foolish to waste resources and undertake work now in advance of any official guidance which will come from the Dft in due course.

The guidance, if it is as detailed as previous LTPs, will give a detailed timetable of the  ...  view the full minutes text for item 36.

To receive details of key decisions which have been taken by the Executive and Executive Members between 1 April 2007 and 30 September 2007 under formal urgency procedures, in accordance with Section 5 of the Council’s Access to Information Protocol.

In accordance with Section 5 of the Council’s Access to Information Protocol, the Leader, Cllr Steve Galloway, moved, and Cllr Jamieson-Ball seconded, receipt of a report detailing the key decisions which had been taken by the Executive and Executive Members between 1 April 2007 and 30 September 2007 under formal urgency procedures.

RESOLVED:            That the report be received.

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

(i)         To the Executive Leader, from Cllr D’Agorne:

“In view of the possibility of an October General Election, what action is being taken to ensure that students are not dis-enfranchised by the inconvenient timing  and what budgetary contingencies are being made for the administrative costs of a General Election?”

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

“Would the Executive Member for City Strategy explain whether she is satisfied that the highways drainage system is adequate in capacity and maintenance terms to prevent flooding in the light of the predicted higher rainfalls expected with global warming?”

(iii)       To the Executive Member for City Strategy, from Cllr Brian Watson:

“Will the Executive Member for City Strategy confirm what will be the actual floor space, at ground level, for the community space in Hungate?”

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

“Can the Executive Member for City Strategy explain to Council how she is planning to improve the staffing levels in City Strategy, which are at a low point, so that staff job satisfaction levels do not dip below 50% again, a result of the huge pressure currently being placed on staff due to the current workloads?”

(v)        To the Executive Member for City Strategy, from Cllr D’Agorne:

“What would the cost of 'dualling the outer ring road' be, what would that represent in terms of council tax increase per household and what would be the merits or otherwise of prioritising such expenditure over more sustainable transport measures for the whole city?” 

(vi)       To the Executive Member for Corporate Services, from Cllr Looker:

“The public are becoming concerned at the continuing increase in the costs of the new 'Town Hall'. Can the Executive Member for Corporate Services assure the Council that the arrangements for project and cost control are sufficiently robust to ensure that sufficient, suitable offices will be provided on time and within the latest approved costs?"

(vii)      To the Executive Member for Corporate Services, from Cllr D’Agorne:

“In view of the £65m funding from the government towards the waste PFI, is the Executive Member now convinced that the 'affordability gap' on top of the other short term budgetary pressures can be bridged, without increasing council tax beyond the capping limit in any one year?”

(viii)     To the Executive Member for Youth & Social Inclusion, from Cllr Fraser:

“Would the Executive Member for Youth & Social Inclusion outline one ambition for his coming year in office?”

(ix)       To the Executive Member for Youth & Social Inclusion, from Cllr Holvey:

"Could the Executive Member report on progress, especially internet based progress, for the Youth Offer?"

(x)        To the Executive Member for Neighbourhood Services, from Cllr Firth:

"How much Landfill Tax has been collected from York, and how much has been returned as grants for recycling to date?"

(xi)       To the Executive Member for  ...  view the full agenda text for item 38.

In accordance with Standing Order 10(c)(i), the following questions had been put and the following written responses had been given, as set out on the list circulated around the Council Chamber:

(i)         To the Executive Member for Youth & Social Inclusion, from Cllr Fraser:

            “Would the Executive Member for Youth & Social Inclusion outline one ambition for his coming year in office?”

            “I am enjoying working with a wide range of people and community groups as Executive Member for Youth and Social Inclusion. It is vital that the Council continues to promote good community relations, and many developments, such as the revised Social Inclusion Working Group, the new Children and Young People's Champion and the recent equalities conferences, build on the Council's progress on this area. One ambition, as previously reported, will be in developing the next Equality Strategy (2008-11) for the Council.  The new Strategy will be launched in April.  There is a lot of work being done over the next 6 months to make sure it includes key issues from local minority communities and work to support staff in making equalities improvements in both service provision and employment.”

(ii)        To the Executive Member for Youth & Social Inclusion, from Cllr Holvey:

            "Could the Executive Member report on progress, especially internet based progress, for the Youth Offer?"

            “The YorOK website will be developed with two sections, a service directory which is a searchable online directory by categories, keywords, postcode and A-Z, and information and guidance pages, a series of pages more like a traditional website. The service directory will host the youth offer, whereby children and young people will be able to search, for example, for activities and groups within their local areas. We will be able to test the site for functionality and errors in October, meaning that the website will be launched to children and young people in November.”

(iii)       To the Executive Leader, from Cllr D’Agorne:

            “In view of the possibility of an October General Election, what action is being taken to ensure that students are not dis-enfranchised by the inconvenient timing  and what budgetary contingencies are being made for the administrative costs of a General Election?”

            “No special registration arrangements have been made in respect of an October General Election. The date for announcing such an election has now, in any event, passed.  Any General Elections costs, which may not be reimbursable, will be accommodated from reserves as has always been the practice.”

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

            “Would the Executive Member for City Strategy explain whether she is satisfied that the highways drainage system is adequate in capacity and maintenance terms to prevent flooding in the light of the predicted higher rainfalls expected with global warming?”

“Our concerns about the drainage systems in the city have been clearly highlighted by the motion before Council tonight but there are technical issues underlying the problems.

The City's highway drainage system is principally served by Yorkshire Water's sewerage system but  ...  view the full minutes text for item 38.

To receive a report from Councillor Galvin, the Chair of the Scrutiny Management Committee (SMC) on the work of the SMC.

A written report was received from Cllr Galvin, the Chair of the Scrutiny Management Committee (SMC) on the work of the SMC since the last report to Council on 28 June 2007.

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

http://sql003.york.gov.uk/mgListOutsideBodies.asp?bcr=1

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

·  Yorkshire and the Humber Strategic Health Authority – meetings on 1 May 2007, 5 June 2007 and 3 July 2007;

·  Pension Fund Committee – meeting on 17 May 2007;

·  North Yorkshire Police Authority – meeting on 25 June 2007;

·  Association of North Yorkshire Councils – meeting on 14 March 2007;

·  North Yorkshire Fire and Rescue Authority – meetings on 26 March 2007 and 18 June 2007;

·  Regional Transport Board – meetings on 20 April 2007 and 15 June 2007;

·  Local Government Yorkshire and Humber – meeting on 29 June 2007;

·  Safer York Partnership/Drug Action Team Partnership Board – meetings on 11 April 2007 and 30 July 2007.

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

Minutes of the following meetings of Outside Bodies had been made available for Members to view on the Council’s website:

·  Yorkshire and the Humber Strategic Health Authority (minutes of meetings on 1 May 2007, 5 June 2007 and 3 July 2007);

·  Pension Fund Committee (minutes of meeting on 17 May 2007);

·  North Yorkshire Police Authority (minutes of meeting 25 June 2007);

·  Association of North Yorkshire Councils (minutes of meeting on 14 March 2007);

·  North Yorkshire Fire and Rescue Authority (minutes of meetings on 26 March 2007 and 18 June 2007);

·  Regional Transport Board (minutes of meetings on 20 April 2007 and 15 June 2007);

·  Local Government Yorkshire and Humber (minutes of meeting on 29 June 2007);

·  Safer York Partnership/Drug Action Team Partnership Board (minutes of meetings on 11 April 2007 and 30 July 2007).

a)         To consider approving a variation to the proportionality on Planning Committee and Gambling & Licensing Acts Committee, whilst maintaining the overall proportionality and political balance of the Council, and to consider the list of appointments and changes to membership of committees and outside bodies.  (report attached)

b)         To consider an amendment to the policy on the appointment of Honorary Aldermen.  (report attached)

RESOLVED:(i) That a variation to the proportionality on Planning Committee and Gambling & Licensing Acts Committee be approved, whilst maintaining the overall proportionality and political balance of the Council, as set out in a report circulated with the Council summons, and the revised list of appointments and changes to membership of committees and outside bodies, circulated around the Council Chamber, be approved;¹

(ii)               That amendments to the Council’s current policy on the appointment of Honorary Aldermen be approved, to include county council service,as set out in a report circulated with the Council summons.²