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:

• Cllr Gillies – a personal, non prejudicial interest in the motion on police pay (Minute 62(i) refers), as a former member of the Police Federation.

• Cllr Scott – a personal, non prejudicial interest in the motion on police pay, as a former legal adviser to the Police Federation.

To approve and sign the minutes of the Special and Ordinary meetings of Council held on 29 November 2007.

RESOLVED: That the minutes of the Special and Ordinary meetings of Council held on 29 November 2007 be approved and signed by the Lord Mayor as a correct record, subject to the addition of Cllrs Ayre, Gunnell, Scott and B Watson to the list of attendances at the Ordinary meeting.

To consider any announcements made by the Lord Mayor in respect of Civic business, including:

A            Announcement of Lord Mayor Elect  

            To announce the Lord Mayor for the 2008/09 Municipal Year

B            Appointment of Honorary Recorder

To consider the appointment of Judge Stephen Ashurst, Resident Judge at York Crown Court, as the Honorary Recorder for City of York Council.

The Lord Mayor announced:

(i)                 That a civic dinner had recently been held in the Mansion House for Judge Paul Hoffman and Brigadier Richard Dennis, who had each been presented with a ‘Friend of the City’ plaque as a mark of appreciation for their services to the City.

(ii)               The receipt of a letter from Sir Richard Dunnett thanking the City of York for the welcome given to soldiers taking part in the Homecoming Parade for the Field Ambulance Brigade.

(iii)             The retirement of Civic Support Officers Paul Yeomans and Phil Fleming.  It was agreed that Council’s appreciation and thanks to Paul and Phil for their services over the years be formally placed on record.

The Lord Mayor invited Cllr Scott to nominate the Lord Mayor Elect for the Municipal Year 2008/09.  Cllr Scott nominated, and Cllr Steve Galloway seconded, Cllr Brian Watson as the Lord Mayor Elect and this nomination was unanimously agreed.  Cllr Watson replied that he would be honoured to accept this office and nominated Hon. Alderman David Wilde as Sheriff for the 2008/09 Municipal Year.¹

The Lord Mayor then announced the recent retirement of the Honorary Recorder of York, Judge Paul Hoffman, and asked Council to give formal approval to the appointment of Judge Stephen Ashurst, Resident Judge at York Crown Court, as the new Honorary Recorder.  The appointment was approved unanimously.²

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, 23 January 2008.

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.  To date, notice has been received of petitions to be presented by:

(i)                 Councillor Bowgett, on behalf of residents of Howe Hill Road and Poppleton Road asking for resurfacing and lighting of the alleyway behind their homes.

(ii)               Councillor Moore, on behalf of residents of Skelton, Rawcliffe and Clifton Without, opposing the potential Eco Town proposal.

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

(i)                 A petition presented by Cllr Bowgett, on behalf of residents of Howe Hill Road and Poppleton Road, asking for resurfacing and lighting of the alley way behind their homes, in order to improve safety and security.¹

(ii)               A petition presented by Cllr Moore, on behalf of residents of Skelton, Rawcliffe and Clifton Without, opposing the potential Eco-Town proposal in the Clifton area.²

(iii)             A petition presented by Cllr Looker, on behalf of customers of Sycamore House, objecting to proposed budget cuts affecting services there.³

(iv)              A petition presented by Cllr Douglas, on behalf of residents of Clifton, asking the Council to adopt ‘Dead Man’s Alley’ as a footpath.⁴

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 Watt:

“The Council raises its concern at the Government’s selection of Clifton Gate as a potential ‘Eco-Town’ development site.  In particular, there are severe infrastructure problems in the vicinity of the proposed site, which will be made worse should the development proceed.  Moreover, there are major traffic congestion problems on the major roads feeding the site and the Council does not consider that the measures for transportation links proposed for Clifton Gate will ease the congestion.

Furthermore, the Council is disappointed that the Government selected the Clifton Gate site in concurrence with potential developers without consulting the City of York Council.

Therefore, we call upon the Chief Executive to write to the Minister for Communities and Local government and the Minister for Yorkshire to express the objection of the City of York Council to the selection of Clifton Gate as a potential ‘Eco-Town’, on the grounds that it cannot be sustained by the local infrastructure.”

(ii)        From Councillor Simpson-Laing:

“Council instructs Officers to take up powers given to local authorities under ‘The Housing (Empty Dwelling Management Orders) (Prescribed Exceptions and Requirements) (England) Order 2006’ to help bring forward much needed housing lying empty in York.

Council instructs officers within three months to draft guidance on how the powers might be exercised. Reports should be submitted to both the Local Development Framework (LDF) Working Group and the Executive Member for Housing Advisory Panel (EMAP), so that proper consideration can be given to the benefits of embedding the Government initiative into Council policy in order to help provide much needed housing in the area.”

(iii)       From Councillor Merrett:

“Council welcomes the recent officer report on an 'Action Plan' for tackling climate change within the Council.  Council recognises that there will be major challenges for the Council, York residents and businesses which will require greaterunderstanding of the need  and measures to tackle 'Climate Change'. Council therefore agrees that an Cross Party Task Force be established to lead on this issue from the Council.  Its remit will be to:

1.         Monitor the implementation of the current 'Action Plan' within the Council;

2.         Examine how the longer term targets can be met to tackle CO2 emissions;

3.         Seek consensus between the parties on the Council  on the issue of CO2 emissions;

4.         Lead the public debate and development of the wider York approach, in conjuction with 'Without Walls' Partnership;

5.      That the Task Force report to the Executive on a Bi-monthly basis.

(iv)       From Councillor Orrell:

“Council notes that crime levels across the City have fallen significantly in recent years.  Whilst this reflects the partnership of the Police, Safer York and local communities, this reduction has relied heavily on the considerable efforts of local Police Officers.

The public expect a high quality of policing, and for the government to be fair in their treatment of police pay.

Government has chosen to reduce the police pay increase with a sleight of  ...  view the full agenda text for item 62.

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

(i)         Police Pay

It was moved by Cllr Orrell and seconded by Cllr Vassie that:

“Council notes that crime levels across the City have fallen significantly in recent years.  Whilst this reflects the partnership of the Police, Safer York and local communities, this reduction has relied heavily on the considerable efforts of local Police Officers.

The public expect a high quality of policing, and for the government to be fair in their treatment of police pay.

Government has chosen to reduce the police pay increase with a sleight of hand which has created unnecessary conflict with the officers who patrol our streets.

Council calls upon the Home Secretary to agree to the Independent Police Arbitration Tribunal’s recommendation for the pay increase, to maintain police morale.”

Cllr Potter then moved, and Cllr Scott, seconded, an amendment to the above motion, as follows:

“Before the first paragraph, add:

‘Council would like to note its thanks to the Government for the extra policing, and the provision of PCSOs, that the City of York has received over the last decade.’

In the first (now the second) paragraph:

Remove the words ‘Whilst this reflects’ from the third sentence and remove the words ‘this reduction has relied heavily on the considerable efforts of’ from the last sentence.

In the second (now the third) paragraph:

Remove the words ‘to be fair in their treatment of policy pay’.

Remove the whole of the next paragraph.

In the final paragraph:

Insert the word ‘therefore’ after ‘Council’.”

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

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

RESOLVED: That the above notice of motion be approved.¹

(ii)            Management of Empty Dwellings

It was moved by Cllr Simpson-Laing and seconded by Cllr Funnell that:

“Council instructs Officers to take up powers given to local authorities under The Housing (Empty Dwelling Management Orders) (Prescribed Exceptions and Requirements) (England) Order 2006 to help bring forward much needed housing lying empty in York.

Council instructs Officers within three months to draft guidance on how the powers might be exercised.  Reports should be submitted to both the Local Development Framework (LDF) Working Group and the Executive Member for Housing Advisory Panel (EMAP), so that proper consideration can be given to the benefits of embedding the Government initiative into Council policy in order to help provide much needed housing in the area.”

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

“In the first paragraph:

Delete the words ‘take up’ in the first line and insert: ‘produce a report detailing the costs and other implications of using the’;

Delete the word ‘forward’ in the last line and insert: ‘into use’.

In the second paragraph:

Before the word ‘Council’ at the start, insert: ‘Should the new powers subsequently be adopted,’.

On being put to the vote, the  ...  view the full minutes text for item 62.

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 4 December 2007, namely:

• Minute 119 - amendment of the policy for nominating the Lord Mayor¹

and from the meeting of the Executive Member for Corporate Services and Advisory Panel on 11 December 2007, namely:

• Minute 49 – transfer of Proper Officer responsibility for the Register Office to the Head of Finance.²

RESOLVED: That the above minutes, and the recommendations of the Executive and of the Executive Member for Corporate Services, be approved.

To receive a written report from the Executive Member for Housing 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 Sunderland, the Executive Member for Housing Services.

Notice had been received of 9 questions on the report, submitted by Members in accordance with Standing Orders.  In the time allowed, the following five questions were put, in the order indicated on the list circulated around the Council Chamber and as set out below, with the Executive Member’s replies:

(i)         From Cllr Horton:

            "Given that you regard the increase from 84% to 88.23% as ‘substantial, would you not regard the shortfall from your own target of 98% as much greater than ‘substantial’ and if not, why not?”

            Reply:

            “I would agree that there is still some way to go to meet our target.  However, it has to be acknowledged that substantial progress in improving urgent repairs has been made over recent years with performance improving from 79% in 2004/05 to a projected 90% this financial year.”

(ii)        From Cllr Horton:

“Given that Labour’s insistence on inclusion of choice-based lettings which did not receive your wholehearted approach at its introduction following a Scrutiny topic, will you now accept that it was Labour’s perception of the procedure that has given rise to the successful numbers of ‘hard to let’ properties being achieved and if not, why not?”

Reply:

The outcome of the all party scrutiny review on Housing Allocations did not recommend full implementation of choice based lettings (CBL).  There is no doubt that the introduction of CBL, for some of our more difficult to let properties, has had a part to play in reducing the length of time it has taken to re-let these properties.  However, a systems review of the void process has been undertaken which has also changed a number of processes within the voids procedure.  Additionally, the changes in staffing structures within Housing Services now give Tenancy Estate Managers a clearer focus.  All contributed to reducing the turnaround time of hard to let properties.”

[In response to a supplementary question from Cllr Horton]

“I do not accept that the introduction of CBL was a result of a minority report from the Scrutiny Committee.”

(iii)       From Cllr Horton:

“Who do you regard as ‘vulnerable perpetrators’ and would you please define?”

Reply:

“The approach that Housing Services take to dealing with anti-social behaviour is three-fold – prevention, enforcement and support.  There are some instances where the most appropriate form of action is no enforcement but supporting the perpetrators to ensure that they modify their behaviour.  In some of these cases the perpetrators will be vulnerable individuals.”

[In response to a supplementary question from Cllr Horton[

“One example of a vulnerable perpetrator would be someone with mental health problems, but there are many others.”

(iv)      From Cllr Hyman:

            "Does the Executive Member have any information regarding the results of the Annual Housing Service Monitor?”

Reply:

“Every year we take a satisfaction survey of our tenants covering the housing landlord service.  I am very pleased to announce that I have the headline figures which I can share  ...  view the full minutes text for item 64.

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 Member for City Strategy, from Cllr Merrett:

“Would the Executive Member agree that the state of the back lane through from Scarcroft Hill to Mill Mount, with major potholes and heave, is completely unacceptable, particularly for what is supposed to be the designated safe walking / cycling route between All Saints’ Upper and Lower Schools, and will she give an undertaking to obtain early action to restore the route to a safe state?”

(ii)        To the Executive Member for City Strategy, from Cllr Merrett:

“Would the Executive Member also explain why the agreed latter phase of the safe route to school works to remove the blind turn, widen the gap and eliminate the step down between Mill Mount and the back lane has never been undertaken some several years since it was originally agreed, and will she agree to get officers to expedite this long overdue measure to improve personal safety – especially when it’s dark – and to achieve disabled access standards?”

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

            “Would the Executive Member explain why there is no local service bus serving the new Morrison’s development as was expected when planning approval was given for the development with a bus corridor through being specifically provided?”

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

            “Can the Executive Member confirm that there was no consultation with the Council before developers submitted the ‘Clifton Gate’ Eco-town application to the Government?”

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

            “Can you please outline the likely budgetary implications for other council services if we enter into PFI 25-year contracts for both Highways Maintenance and Waste.”

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

            “Can you report on progress with purchasing sites for waste treatment at Tockwith or elsewhere?”

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

            “Can you tell me when the agendas and minutes of the Quality Bus Partnership will be made publicly available and can you supply a report to councillors on the decisions of the Partnership since its ‘relaunch’ in September 2007?”

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

“Neighbourhood Services EMAP agreed to provide litter bins in the City Centre with compartments to allow for various items to be recycled.  These have been very successful in other cities in the UK.  When will they eventually be installed in York and what has been the delay?”

(ix)       To the Executive Member for Housing Services, from Cllr Potter:

“The current ‘Discus’ bungalow residents in Heworth and Fishergate Wards are having to move to new properties through no fault of their own.  They face a rent increase of over £20 per week.  They have no choice in the matter and it is difficult for a pensioner on  ...  view the full agenda text for item 65.

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

(i)         To the Executive Member for City Strategy, from Cllr Merrett:

“Would the Executive Member agree that the state of the back lane through from Scarcroft Hill to Mill Mount, with major potholes and heave, is completely unacceptable, particularly for what is supposed to be the designated safe walking / cycling route between All Saints’ Upper and Lower Schools, and will she give an undertaking to obtain early action to restore the route to a safe state?”

            The Executive Member replied:

“Officers inform me that the status of the land is that of ‘private highway’.  As such the Council may be undertaking an ultra vires act (i.e. going beyond their legal role and responsibilities) if they use public money to maintain what is a private asset.”

In response to a supplementary question from Cllr Merrett, the Executive Member replied:

“Any request for an early report to EMAP on options to tackle this issue should be made in writing, rather than trying to circumvent the system in this way.”

(ii)        To the Executive Member for City Strategy, from Cllr Merrett:

“Would the Executive Member also explain why the agreed latter phase of the safe route to school works to remove the blind turn, widen the gap and eliminate the step down between Mill Mount and the back lane has never been undertaken some several years since it was originally agreed, and will she agree to get officers to expedite this long overdue measure to improve personal safety – especially when it’s dark – and to achieve disabled access standards?”

The Executive Member replied:

“Given my answer to the previous question, we might be in some difficulty carrying out some of the work that Councillor Merrett is suggesting.

Officers inform me that in April 2004 EMAP noted it as a reserve scheme but it would appear that it was not progressed.

Officers can find no record of any member raising the issue during the past four years.

Officers are currently drawing up the 08/09 capital programme and there will, of course, be a Safe Routes to Schools spending block.  I am happy for them to consider this as one of the schemes but we will need to take into account the implications of the landownership issue.”

In response to a supplementary question from Cllr Merrett, the Executive Member replied:

“If the matter was raised on a ‘walkabout’ with the Chief Executive, it was not progressed via Transport Planning.  I can discuss with the Neighbourhoods department how they would progress issues raised during walkabouts.”¹

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

“Would the Executive Member explain why there is no local service bus serving the new Morrison’s development as was expected when planning approval was given for the development with a bus corridor through being specifically provided?”

The Executive Member replied:

“There were discussions with First York, Coastliner and East Yorkshire  ...  view the full minutes text for item 65.

To consider the final report of the Independent Panel recently commissioned to review the basic, special responsibility and other allowances paid or reimbursed to Elected Members on City of York Council.

Cllr Steve Galloway moved, and Cllr Scott seconded, the following amendment to the recommendation in the report on the Independent Remuneration Panel’s review of Members’ Allowances, at page 37 of the Council papers:

“Insert at the start of the recommendation at paragraph 18 of the report (page 40): ‘That arising from the Independent Panel’s report,’.

Delete all after ‘Members are asked to’ and insert:

‘Agree that the following actions be taken:

(i)         That, effective from 1 February 2008, the Councillors basic allowance be increased by the rate of inflation since the last review (approximate 10% increase in basic allowance bringing it to £7,000 per annum & equivalent to the 4 year inflation increase awarded to local government employees)

(ii)        That the basic allowance be increased annually in line with the average annual inflation salary increase awarded to local government employees;

(iii)       That Members allowances to be pensionable with effect from 1 April 2008;

(iv)       That, subject to the implementation of appropriate audit and transparency safeguards, the current dependant carers scheme be extended to include a further allowance option, payable at £3.50 per hour up to a maximum of 3.5 hours, and which will be available for family members (other than those with parental responsibility) as from 1 February 2008

(v)        That no changes be made to current special responsibility allowance levels at the present time but that Group Leaders be asked to review the options for refining the payment levels available for individual posts prior to the Annual Meeting in May 2008, when new Council and Committee places are agreed.’”

The recommendation, as amended, now read as follows:

“That, arising from the Independent Panel’s report, Members are asked to agree that the following actions be taken:

(i)         That, effective from 1 February 2008, the Councillors basic allowance be increased by the rate of inflation since the last review (approximate 10% increase in basic allowance bringing it to £7,000 per annum & equivalent to the 4 year inflation increase awarded to local government employees)

(ii)        That the basic allowance be increased annually in line with the average annual inflation salary increase awarded to local government employees;

(iii)       That Members’ allowances be pensionable with effect from 1 April 2008;

(iv)       That, subject to the implementation of appropriate audit and transparency safeguards, the current dependant carers scheme be extended to include a further allowance option, payable at £3.50 per hour up to a maximum of 3.5 hours, and which will be available for family members (other than those with parental responsibility) as from 1 February 2008

(v)        That no changes be made to current special responsibility allowance levels at the present time but that Group Leaders be asked to review the options for refining the payment levels available for individual posts prior to the Annual Meeting in May 2008, when new Council and Committee places are agreed.”

On being put to the vote the above recommendation, as amended, was declared CARRIED and it was

RESOLVED: That the recommendation in respect of Members’ Allowances, as  ...  view the full minutes text for item 66.

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 29 November 2007.

Cllr Galvin agreed to provide a written answer to a query raised by Cllr Funnell on the report concerning the lack of policy reviews carried out by the Health Scrutiny Committee.¹

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

·         York & North Yorkshire Waste Management Partnership - 1/11/07

·         Yorkshire & Humber Assembly - 6/12/07

·         Local Government Yorkshire & Humber - 22/11/07

·         North Yorkshire Fire & Rescue Authority - 26/9/07

·         Regional Transport Forum - 7/12/07

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

·         Police Authority - 21/11/07

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

Questions may be put to the Council’s representatives on the above bodies, provided the required notice has been given under Standing Order 10(b).  Notice has not been received of any such questions on this occasion.

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

• York and North Yorkshire Waste Management Partnership – meeting on 1 November 2007
• Yorkshire and Humber Assembly – meeting on 6 December 2007
• Local Government Yorkshire and Humber – meeting on 22 November 2007
• North Yorkshire Fire and Rescue Authority – meeting on 26 September 2007
• Regional Transport Forum – meeting on 7 December 2007
• Pension Fund Sub-Committee – meeting on 27 September 2007
• Police Authority – meeting on 21 November 2007
• Safer York Partnership – meeting on 10 January 2007 (added after publication of the Council agenda).

No questions had been submitted to representatives on the above bodies.

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 on the revised list circulated at the Council meeting (and attached as Annex 1 to these minutes) be approved.¹