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.

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.  The following interests were declared in Notice of Motion (ii) under Agenda Item 6 (Affordable Housing - Minute 48 refers):

(i)                 Cllr Richard Watson – a personal and prejudicial interest, as Chair of the Planning Committee.

(ii)               Cllr Hudson – a personal and prejudicial interest, as the owner of an estate agents which deals with affordable housing on behalf of housing associations.

(iii)             Cllr Pierce – a personal interest, as a former teacher at the University of York and the Council’s representative on the Board of York St John University.

(iv)              Cllr Scott – a personal interest, as the previous owner of a buy-to-let property.

To approve and sign the minutes of the Council meeting held on 4 October 2007.

RESOLVED: That the minutes of the meeting of Council held on 4 October be approved and signed by the Lord Mayor as a correct record.

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

There were no Civic announcements.

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, 28 November.

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

Janet Hopton spoke in support of the petition on a Local List for York to be presented by Cllr D’Agorne under agenda item 5 (Minute 47 refers).

Philip Crowe spoke in support of the Notice of Motion against the closure of post offices, to be moved by Cllr Kirk under agenda item 6 (Minute 48 refers).

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)                 Councillor R Watson, regarding speeding traffic on Towthorpe Road;

(ii)               Councillor Alexander, on behalf of residents of Leeman Road requesting removal of Back Park from the leisure land for possible sale list;

(iii)             Councillor D’Agorne, on behalf of the Open Planning Forum, regarding the Local List for York;

(iv)              Councillor Gunnell, calling for more recycling for residents of terraced areas of the City.

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

⁽ⁱ⁾                    A petition presented by Cllr R Watson, on behalf of residents objecting to speeding traffic on Towthorpe Road.¹

(ii)               A petition presented by Cllr Alexander, on behalf of residents of Leeman Road, requesting removal of Back Park from the list of leisure land for possible sale. ²

(iii)             A petition presented by Cllr D’Agorne, on behalf of the Open Planning Forum, seeking the establishment of a Local List for York.³

(iv)              A petition presented by Cllr Gunnell, calling for more recycling for residents of terraced areas of the City.⁴

(v)                A petition presented by Cllr Crisp, on behalf of residents of Poplar Street, calling on the Council to work with Yorkshire Water and Miller Brothers builders to resolve an issue concerning the smell of sewerage in their homes.⁵

(vi)              A petition presented by Cllr Douglas, objecting to proposed closures of post offices in the Clifton ward.⁶

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

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

(i)         From Councillor Kirk:

“This Council regrets the Government’s planned closure of 2,500 post offices across the UK.  Council notes with concern the threat to post offices in York and surrounding areas. Council further notes that any closures in York will be announced by Post Office Counters Limited in November 2007.

This Council believes that post offices; fulfil both a social and economic role, offer a lifeline to many vulnerable and elderly customers, and contribute to viable, sustainable communities, especially in rural and suburban areas.

This Council believes that the closure programme is unnecessary and calls on the Government to:

a)                 end the branch closure programme and open new branches where needed;

b)                 remove the Royal Mail restrictions on the Post Office to open up further business opportunities for the network;

c)                  stop removing government business from post offices;

d)                 carry out a review of which additional government functions could be carried out through the post offices;

e)                 invest in the Post Office Network.

This Council calls upon the Chief Executive and Leader of City of York Council to write to the Secretary of State for Business, Enterprise and Regulatory Reform to oppose the proposed branch closures in the City of York Council area.”

[Note:

In accordance with the Council’s Constitution, and subject to the consent of Council, notice has been received that Cllr Kirk will seek to amend the above motion to read as follows:

“This Council regrets the Government’s planned closure of 2,500 post offices across the UK.  Council notes with concern the threat to post offices in York and surrounding areas. Council further notes that any closures in York will be announced by Post Office Counters Limited in November 2007.

This Council believes that post offices; fulfil both a social and economic role, offer a lifeline to many vulnerable and elderly customers, and contribute to viable, sustainable communities, especially in rural and suburban areas.

This Council believes that the closure programme is unnecessary and calls on the Government to:

a)                 end the branch closure programme and open new branches where needed;

b)                 remove the Royal Mail restrictions on the Post Office to open up further business opportunities for the network;

c)                  stop removing government business from post offices;

d)                 carry out a review of which additional government functions could be carried out through the post offices;

e)                 invest in the Post Office Network.

This Council   requests that;

(1) the Chief Executive and Leader of City of York Council write to the Secretary of State for Business, Enterprise and Regulatory Reform to oppose the proposed branch closures in the City of York Council area.

(2) Officers prepare a report,  to be received by members within three months of this motion being carried, on negotiations with the Post Office, and the financial implications to the council, and residents, of expanding use of ‘over the counter’ transactions at sub-post offices for council services, bills and charges ”]

(ii)  ...  view the full agenda text for item 48.

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

(i)         Post Office Closures

The first notice of motion had been proposed by Cllr Kirk, as follows:

“This Council regrets the Government’s planned closure of 2,500 post offices across the UK.  Council notes with concern the threat to post offices in York and surrounding areas.  Council further notes that any closures in York will be announced by Post Office Counters Limited in November 2007.

This Council believes that post offices; fulfil both a social and economic role, offer a lifeline to many vulnerable and elderly customers, and contribute to viable, sustainable communities, especially in rural and suburban areas.

This Council believes that the closure programme is unnecessary and calls on the Government to:

a)                 End the branch closure programme and open new branches where needed;

b)                 Remove the Royal Mail restrictions on the Post Office to open up further business opportunities for the network;

c)                  Stop removing government business from post offices;

d)                 Carry out a review of which additional government functions could be carried out through the post offices;

e)                 Invest in the Post Office Network.

This Council calls upon the Chief Executive and Leader of City of York Council to write to the Secretary of State for Business, Enterprise and Regulatory Reform to oppose the proposed branch closures in the City of York Council area”.

Cllr Kirk now sought Council’s consent to alter the above motion to read as follows:

“This Council regrets that the Government is allowing the planned closure of 2,500 post offices across the UK and the UK Post Officer Ltd.’s announcement this week of the potential closure of sub post offices in York at Clifton Green, Fulford, Haxby Road and Micklegate, plus many others in the North Yorkshire area.

This Council believes that post offices; fulfil both a social and economic role, offer a lifeline to many vulnerable and elderly customers, and contribute to viable, sustainable communities, especially in rural and suburban areas.

This Council believes that the closure programme is unnecessary and calls on the Government to intervene and for Post Office Ltd. to:

a)                 Review with a view to ending the branch closure programme and open new branches where needed;

b)                 Remove the Royal Mail restrictions on the Post Office to open up further business opportunities for the network;

c)                  Stop removing government business from post offices;

d)                 Carry out a review of which additional government functions could be carried out through the post offices;

e)                 Invest in the Post Office Network.

This Council requests that:

(1)  The Chief Executive and Leader of City of York Council write to the Secretary of State for Business, Enterprise and Regulatory Reform to oppose the proposed branch closures in the City of York Council area;¹

(2)  Officers prepare a report, to be received by Members within three months of this motion being carried, on negotiations with the Post Office and the financial implications to the Council, and residents, of expanding use  ...  view the full minutes text for item 48.

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, Cllr Steve Galloway, on the work of the Executive.  Cllr Galloway then moved, and Cllr Jamieson-Ball seconded, those minutes requiring confirmation from the Executive meeting on 6 November 2007, namely:

• Minute 98 – Resolved: That Council adopt the Statement of Community Involvement, attached as Annex B to the Executive report, as part of York’s Local Development Framework.

RESOLVED: That the above minute, and the Executive recommendation to adopt the Statement of Community Involvement as part of the Local Development Framework, be approved.¹

Note: During the debate on the above item, Cllrs Bowgett, Cregan, Crisp, Douglas, Funnell, Gunnell, Horton, King, Simpson-Laing, B Watson, and Wiseman all left the Chamber when issues in relation to the possible siting of an ‘Eco-town’ on the Outer Ring Road near Clifton Moor were raised.  Their reason for so doing was in order not to prejudice any decision they might later take, as members of the Planning Committee, on any future planning application in relation to the ‘Eco-Town’.

To receive a written report from the Executive Member for Children’s 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 Runciman, the Executive Member for Children’s Services.  There were no questions on the report.

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 B Watson:

“Could the Leader of the Council explain his definition of ‘mischievous’?”

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

“Would the Executive Member now reconsider his objections to lobbying the Government to ban or tax the use of plastic bags in the UK and sign our petition which we will be sending to the Secretary of State for Environment, Food and Rural Affairs, requesting that the Government bans or taxes plastic bags, and is he aware that Brighton and Hove City Council and Norwich Council have recently voted to ask the Government to ban plastic bags?”

(iii)       To the Executive Member for Youth and Social Inclusion, from Cllr Fraser:

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

(iv)       To the Executive Member for Youth and Social Inclusion, from Cllr Ayre:

“Could the Executive Member report on any success that the Council and young people had in taking part in the national Take Over day on 23 November 2007?”

(v)        To the Executive Member for Housing Services, from Cllr Merrett:

“Could the Executive Member for Housing Services explain the reasons for the large number of boiler replacements (indicated in the Press article on Friday 10/11/07) and how much this has cost?”

(vi)       To the Executive Member for Children’s Services, from Cllr Healey:

“Will the current review under way for Home to School Transport include those children who attend school out of their catchment area, so that free transport for children who do not have a ‘safe route’ to school is not restricted to their catchment area school but any that has an existing bus service? This will bring the policy in line with recent appeal decisions and avoid the time and cost for both parties in future.”

(vii)      To the Executive Member for Adult Social Services, from Cllr Hogg:

“Would the Executive Member please update Council on the current situation regarding joint working arrangements with the PCT?”

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

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

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

            The Executive Member replied:

“Cllr Fraser would have seen my previous two written responses to this question.  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 provide good community relations.  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 now being done, and over the next five 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 Leader, from Cllr Brian Watson:

“Could the Leader of the Council explain his definition of ‘mischievous’?”

The Executive Leader replied:

“I would refer the Member to the Oxford English Dictionary.  The definitions used in that publication have always been good enough for me.”

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

“Would the Executive Member now reconsider his objections to lobbying the Government to ban or tax the use of plastic bags in the UK and sign our petition, which we will be sending to the Secretary of State for Environment, Food and Rural Affairs, requesting that the Government bans or taxes plastic bags, and is he aware that Brighton and Hove City Council and Norwich Council have recently voted to ask the Government to ban plastic bags?”

The Executive Member replied:

“I’m afraid that the councillor attempts to misrepresent my position, which was put on record during the debate at full Council on 24^th January 2006.  I do not support the current use of plastic bags.  I amended her motion so that it called on the government for a levy on plastic bags similar to that proposed in the Members’ Bill by MSP Mike Pringle in the Scottish Parliament.  The advantage of a levy over a tax is that the money would stay in York, rather than being sent to Government Treasury, something with which Cllr Potter clearly has a problem.

I am aware of the motion from Brighton and Hove Council which, similar to my amendment, calls for a levy on plastic bags, and the motion from Norwich Council, which encourages all consumers in Norwich to reduce their usage of non degradable plastic bags.  I suggest that she reads them carefully to find out what they have actually asked for.”

In response to a supplementary question from Cllr Potter asking whether he would sign the petition, the Executive Member replied:

“I would be delighted to sign the petition if Cllr Potter will sign a joint letter to the Government  ...  view the full minutes text for item 51.

To consider the following recommendations for approval from the Gambling & Licensing Acts Committee:

Cllr Cregan moved, and Cllr Horton seconded, the recommendations of the Gambling & Licensing Acts Committee meeting on 5 October 2007 in relation to the review of the Council’s Licensing Policy, namely:

·        Minute12 - That the draft statement of licensing policy, subject to the amendments listed above, be approved by full Council.

RESOLVED: That the above recommendation be endorsed and the statement of licensing policy, as amended, be approved.¹

To consider a report by the Interim Head of Civic, Legal and Democratic Services seeking to amend the delegation scheme within the Constitution to make provision for the carrying out of functions in relation to the registration of common land and village greens by the Licensing and Regulatory Committee and the Director of City Strategy.

Cllr Steve Galloway moved, and Cllr Jamieson-Ball seconded, the recommendations, in a report prepared by the Interim Head of Civic, Democratic and Legal Services, to amend the delegation scheme in the Council’s Constitution as follows:

“a)       Add ‘power to determine applications for the registration of common land and village greens’ to the delegated powers of the Licensing and Regulatory Committee.

b)         Add ‘the exercise of any functions in relation to common land and village greens other than the determination of applications to register common land or village greens where representations are received’ to the specific officer delegations of the Director of City Strategy.

RESOLVED: That the above recommendations be approved and the delegation scheme amended accordingly.¹

REASON:      To enable the Council to discharge its statutory functions in relation to common land and village greens.

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

[Report attached to re-published agenda 23/11/07]

In the absence of the Chair of the Scrutiny Management Committee (SMC), a written report was received from the Vice Chair, Cllr Blanchard, on the work of the SMC since the last report to Council on 4 October 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).

·         Association of North Yorkshire Councils - 12/9/07

·         York & North Yorkshire Waste Management Partnership - 11/7/07

·         Yorkshire & Humber Assembly - 12/7/07 and 4/10/07

·         Regional Transport Forum - 6/9/07

·         Safer York Partnership - 10/10/07

·         Pension Fund Sub-Committee - 27/9/07

·          Police Authority - 24/9/07

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

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

• Association of North Yorkshire Councils – meeting on 12/9/07
• York & North Yorkshire Waste Management Partnership – meeting on 11/7/07
• Yorkshire and Humber Assembly – meetings on 12/7/07 and 4/10/07
• Regional Transport Forum – meeting on 6/9/07
• Safer York Partnership – meeting on 10/10/07
• Police Authority – meeting on 24/9/07

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

RESOLVED:That the appointments to Committees, Outside Bodies and Working Groups set out in the revised list circulated at the Council meeting (and attached as Annex 1 to these minutes) be approved.¹