Agenda and minutes

Venue: Guildhall, York

Contact: Fiona Young  Principal Democracy Officer

Items
No. Item

78.

Declarations of Interest

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

Minutes:

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:

79.

Minutes pdf icon PDF 109 KB

To approve and sign the minutes of the Ordinary meeting of Council held on 24 January 2008 and the Budget Council meeting held on 21 February 2008.

Additional documents:

Minutes:

Cllr Richard Watson moved, and Cllr Jamieson-Ball seconded, the following amendment to the minutes of the Ordinary meeting of Council held on 24 January 2008:

 

“That the note under Minute 62(iii) be amended to read as follows:

‘In accordance with an interpretation of the advice offered by the Monitoring Officer regarding members of the Planning Committee dealing with any future planning applications in relation to the Eco Town proposal, the following Members left the Chamber during the debate on the above motion and took no part in the decision thereon:

Cllrs Blanchard, Cregan, Crisp, Firth, Funnell, Horton, King, Kirk Pierce, Simpson-Laing, B Watson and Wiseman.’”

 

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

 

Cllr Brian Watson then drew attention to an error in the second paragraph under Minute 59 (Civic Announcements, Lord Mayor Elect and Honorary Recorder of York), which it was agreed should be corrected.

 

RESOLVED: That, subject to the above amendment, and the removal of the word ‘for the second time’ from the paragraph under Minute 59 recording Cllr Brian Watson’s acceptance of his nomination as Lord Mayor Elect, the minutes of the Ordinary meeting of Council held on 24 January 2008 and the Budget Council meeting held on 21 February 2008 be approved and signed by the Lord Mayor as a correct record.

80.

Civic Announcements

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

Minutes:

There were no civic announcements.

81.

Public Participation

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, 9 April 2008.

Minutes:

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

 

Ian Watkins, Brigade Secretary of the Fire Brigades Union of North Yorkshire, spoke in relation to the Integrated Risk Management Plan and its effects on Fire and Emergency cover in the City of York.  He expressed concern at the detrimental effects of the new arrangements on national standards, the removal of guaranteed attendance times and the pressure to cut resources, and warned that the review of fire cover provision in York could result in the loss of fire engines, as it had done elsewhere in the region.

82.

Standards Committee pdf icon PDF 34 KB

a)          Annual Report

 

To receive the Annual Report of the Standards Committee for the Municipal Year 2007/08, which was approved by the Committee at its meeting on 14 March 2008.

 

b)          Standards Committee – Recommendations in respect of Members’ Allowances Scheme.

 

To consider a report which sets out a recommendation made by the Standards Committee at its meeting on 14 March 2008 in respect of an alteration to the Members’ Allowances Scheme.  The report is at pages 117-122.

Additional documents:

Minutes:

Mrs Christine Bainton, the Independent Chair of the Standards Committee, presented the Annual Report of the Standards Committee for the Municipal Year 2007/08.  She drew attention to the imminent changes to the role and membership of the Standards Committee resulting from implementation of the Local Government and Public Involvement in Health Act 2007, and the Action Plan agreed in response to issues raised by the Ethical Governance Audit.

 

Cllr Horton, the Vice-Chair, then moved receipt of the Annual Report and Cllr Hudson seconded the motion and it was

 

RESOLVED: That the Annual Report of the Standards Committee for 2007/08 be received.

 

Cllr Horton then moved, and Cllr Hudson seconded, a recommendation made by the Standards Committee on 14 March 2008 in respect of a proposed alteration to the Members’ Allowances Scheme.  On being put to the vote, the recommendations were declared CARRIED and it was

 

RESOLVED: That the recommendation of the Standards Committee, to include provision in the Members’ Allowances Scheme to withdraw Members’ allowances during the period a Member is suspended from office as a result of the finding of the Adjudication Panel for England or the Standards Committee that the Member has failed to comply with the Members’ Code of Conduct, be approved.1

83.

Petitions

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 residents asking the Council to aim for a ‘plastic bag free City of York’ and calling on the Government to ban single use plastic bags.

(ii)               Cllr D’Agorne, on behalf of residents calling for a 20 mph zone in certain streets in Fishergate Ward.

Minutes:

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

 

(i)                 A petition presented by Cllr Potter, on behalf of residents asking the Council to aim for a ‘plastic bag free City of York’ and calling for a government ban on single use plastic bags.1

 

(ii)               A petition presented by Cllr D’Agorne, on behalf of residents calling for a 20 mph zone in certain streets within Fishergate Ward.2

 

(iii)             A petition presented by Cllr Simpson-Laing, on behalf of residents of Runswick Avenue, Wetherby Road and Beckfield Lane in relation to the ownership of a plot of land in Runswick Avenue.3

 

(iv)              A petition presented by Cllr Simspon-Laing, on behalf of residents calling on the Council to return the travel token allocation to £40 for the Budget Year 2008/09.4

 

(v)                A petition presented by Cllr Looker, on behalf of businesses in Stonegate, seeking action in relation to nuisance being caused by a beggar in this street.5

 

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

84.

Notices of Motion pdf icon PDF 17 KB

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

 

A – Motions referred from the Executive in accordance with Standing Order 11(a)(i)

 

(i)         From Cllr Fraser:

 

“The Council is concerned that whilst businesses in the inner core of the City Centre are thriving, some of the City Centre peripheral streets such as Goodramgate, Micklegate and to a lesser extent Fossgate, were not perceived as benefiting from this prosperity and are,  in some cases, taking on a somewhat “run down” look.  Further, Council notes that a review of the Council`s footstreets scheme is currently under way and determines that regard should be had to this issue, in the conduct of that review.  Finally, Council resolves to allocate adequate resources, including Officer time, to research this problem, and to develop an Action Plan, to include an economic regeneration strategy, to address this issue and to encourage a culture of vibrancy and prosperity, in these streets.”

 

Note:            the above Notice of Motion was referred to Executive by Council on 4 October 2007, for consideration with an Officer report under Standing Order 11(a)(ii)(b), and referred back to Council by the Executive on 26 February 2008. The Executive recommendations and the Officer report are attached at pages 45-55.

 

(ii)        From Cllr Potter:

 

“Bearing in mind that older people in York account for 19.4% (35,185) of the population compared with 13.6% nationally, the Older People's Assembly welcomes the recent World Health Organisation Guidance on building age-friendly cities. It invites the Council to support the adoption in York of the following key features in the Guidance in order to bring about significant improvements to the lives of older people locally:

1.            A civic culture that respects and includes older people.

2.         A Council that regularly seeks the views of older people and reflects their opinions in policy developments

3.            Well - maintained and well - lit pavements.

4.         Improved repair and renewal of uneven pavements, and visible enforcement of litter laws.

5.         Increased attention to gully and drain cleansing and treatment of footpaths in icy weather.

6.         Public buildings that are fully accessible to people with disabilities.

7.         Improved bus travel with the use of smaller vehicles for routes off the main roads. Ensuring all bus drivers are more passenger focused and wait for older people to be seated before starting off.

8.         Housing integrated in the community that accommodates changing needs and abilities, as people grow older.

9.         Friendly and personalised information in plain language instead of automated answering services.

10.       Sufficient and well signed public toilets that are clean, secure and accessible by people with disabilities.

11.       Sufficient public seating that is well situated, well maintained, and safe.

12.       Encouraging commercial premises to make their toilets available to the general public.”

 

Note:   The above Notice of Motion was referred to Council by the Executive on 29/1/08. The Executive recommendations and the report to Executive are attached at pages 57-65.

 

(iii)       From Cllr Scott:

 

“Council believes that residents should have the  ...  view the full agenda text for item 84.

Additional documents:

Minutes:

Prior to consideration of the Notices of Motion submitted under Standing Order 11, Cllr Scott moved, Cllr Gillies seconded and Council agreed, a motion to suspend Standing Orders to enable an additional motion to be moved, of which notice had not been given. 

 

Cllr Simpson-Laing then moved, and Cllr Gillies seconded, the additional motion, as follows:

 

“The City of York Council calls upon its Chief Executive Officer to arrange urgent talks, with a view to preventing a reduction in bus service to the residents of York, with Moir Lockhead, the Chief Executive of First UK, Richard Eames, Managing Director of First York, the Executive Member for City Strategy, the Shadow Executive Member for City Strategy and the Director of City Strategy to discuss the changes to be made to bus services by First York, which will have drastic consequences in relation to:

  • the ability for York residents to travel to work, education, shop and access to health facilities
  • will result in increased traffic levels on many routes
  • will result in increased levels of poor air quality

Council requests that the meeting is convened before the 18th April so that any alterations to the proposed changes to services can be lodged with the Traffic Commissioner before the closing date.”

 

Cllr Reid then moved, and Cllr Waller seconded, an amendment to the above motion, as follows:

 

“At the end of the motion, add:

‘Council calls upon Government to match its words by giving councils more control over bus company fares and routes, and to fully fund any changes to local authorities of national policies which impact on council transport budgets.”

 

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 motion be approved.1

 

Seven Notices of Motion had been submitted under Standing Order 11, of which three had been referred from the Executive with recommendations and four submitted for consideration directly by Council.

 

(i)            Businesses in City Centre Peripheral Streets

 

This motion had been referred to the Executive by Council on 4 October 2007 and referred back to Council on 26 February 2008.

 

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

 

“This Council is concerned that whilst businesses in the inner core of the City Centre are thriving, some of the City Centre peripheral streets such as Goodramgate, Micklegate and Fossgate, were not perceived as benefiting from this prosperity and are, in some cases, taking on a somewhat ‘run down’ look.  Further, Council notes that a review of the Council’s footstreets scheme is currently under way and determines that regard should be had to this issue, in the conduct of that review.  Finally, Council resolves to allocate adequate resources, including Officer time, to research this problem, and to develop an Action Plan, to include an economic regeneration strategy, to address this issue and to encourage a culture of vibrancy and prosperity, in these streets.”

 

On  ...  view the full minutes text for item 84.

85.

Report of Executive Leader and Executive Recommendations pdf icon PDF 61 KB

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

 

Executive

 

 

8 April 2008

 

 

Review of Council’s Constitution (Report attached at pages 81-106. Recommendations of Executive to follow)

Additional documents:

Minutes:

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 8 April 2008, namely:

  • Minute 198 – Review of Council’s Constitution

 

Cllr Gunnell then moved, and Cllr Looker seconded, an amendment to the above minute, as follows:

 

“After Recommendation (i), insert an additional Recommendation (ii), as follows:

‘(ii)       Add to the list of Champions a further Champion, an Equalities Champion, to champion equalities within the City of York Council Organisation, the provision of its services and within the community at large.’

Re-number the current Recommendation (ii) to be Recommendation (iii).”

 

The above amendment was put to the vote, with the following result:

For – 20

Against – 20

 

The Lord Mayor then used her casting vote to vote against the amendment, which was declared LOST.

 

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

 

RESOLVED: That the above minute, and the recommendations of the Executive, be approved.1

86.

Report of Executive Member pdf icon PDF 35 KB

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). 

 

To date, notice has been received of the following questions:

 

(i)         From Cllr Holvey:

“Could the Executive Member provide more information on the turnaround time for processing new benefits claims?”

 

(ii)        From Cllr R Watson:

“How has the York Contact Centre improved the services it provides over the last year?”

Minutes:

A written report was received from Cllr Jamieson-Ball, the Executive Member for Corporate Services.

 

Notice had been received of five questions on the report, submitted by Members in accordance with Standing Orders.  The guillotine having fallen at this point, Members agreed to receive written answers to these questions.  The questions and the written responses, as circulated to Members after the meeting, are set out below:

 

(i)         From Councillor Holvey

“Could the Executive Member provide more information on the turnaround time for processing new benefits claims?”

 

            Reply

“Based on new figures made available this week, I am delighted to be able to announce that the average time for processing new benefits claims between April 2007 and March 2008 was 29 days.  Not only does this better both the Council’s own target of 32 days and the national standard of 30 days, but it is also the fastest average processing time the Council has ever achieved.

I am sure all Members of Council will join me in thanking the staff involved in turning around a service that, 4 years ago, was taking some 73 days to process new benefits claims.

Furthermore, the provisional result for 2007/08 indicates that the Council is now averaging 13 days to process charges in circumstances notified by benefit claimants.  Again, this figure betters the Council’s performance last year of 15 days and its own target of 14 days.

The improvements seen in both the time taken to process changes in circumstances and new benefits claims was acknowledged by the independent District Auditor, who noted in his Annual Audit Letter that, for the 2006/07 year, the benefits section showed significant improvement in its performance.

I believe that the achievements of the 2007/08 year in the benefits section demonstrate the continuation of this significant improvement.”

 

(ii)        From Councillor R Watson

“How has the York Contact Centre improved the services it provides over the last year?”

target?”

 

            Reply

“As noted in the report, the York Contact Centre is providing a significantly improved service to that which it was providing a year ago. 

For example, in March 2007 the percentage of calls answered in 20 seconds was only 46%.  Over the last few months this has been averaging in the high 90s %. The overall percentage of calls answered has also significantly improved from the low 80% mark to average over 99% in the last three months – which included the peak period of Council Tax billing.  Effectively, this means that the vast majority of the 1,000s of calls the Contact Centre receives each month are being answered quickly, with only a tiny number of customers abandoning their call.

This has been achieved through the introduction of new technology – like the voice recognition software – and changes to processes, such as identifying peaks and troughs in customer demand and tailoring work patterns around that.  For the first time this year the Council was able, through the Contact Centre, to provide extended opening hours to manage the Council Tax billing process.”  ...  view the full minutes text for item 86.

87.

Questions to the Executive Leader and Executive Members received under Standing Order 10(c)

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 Pierce:

“At its meeting of 29 November, the Council approved nem con a notice of motion calling for the setting up of a task force to make proposals for practical steps to tackle the impact on longer term residents of students living in rented housing outside their campuses.  The notice of motion also called for Council to join other university cities via the LGA to lobby central government to introduce new controls to enable councils to exercise control over changes of use from family housing to student lets through changes to planning or other legislation.

In three months’ time, dandelion seeds will be blowing in the wind over Badger Hill from the overgrown gardens of vacated student houses in the summertime ghost streets.  What progress has the Council make with these initiatives in the full three months since its November meeting?”

 

(ii)        To the Executive Leader, from Cllr Moore:

“Would the Leader confirm when the new factory at Nestle will be officially opened?”

 

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

“Can the Executive Member explain what lessons have been learned from choosing the Salvation Army Citadel as the venue for the first week of issuing tokens and bus passes and will she ensure that the venue is not used for such an event in future?”

 

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

“Would the Executive Member for City Strategy explain what action Officers are taking to ensure that correct timetable information is provided at all bus stops and at those locations identified by the Council as information points following the closure of the Bus Information Office?”

 

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

“Would the Executive Member for City Strategy indicate the numbers of children being trained to cycle each year over the last five years, and the forward projections?”

 

(vi)       To the Executive Member for City Strategy, from Cllr Horton:

“What is the Anticipated Final Cost (AFC) for the Moor Lane roundabout works split into CYC contribution and others?”

 

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

“Can the Executive Member for City Strategy explain why there has been slow progress in bringing forward York's Local List ?”

 

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

“Will the Executive Member please outline the timescales for City of York Council to respond to the outcome of the Highways PFI bid and work up an alternative strategy to address the backlog of outstanding maintenance work?”

 

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

“In the light of approval for Regional Funding for all three Park & Ride proposals, can the Executive Member outline the process for determining which other schemes will be cut from LTP2 over the next 3 years to provide  ...  view the full agenda text for item 87.

Minutes:

Eighteen questions had been submitted to the Executive Leader and Executive Members Under Standing Order 10(c)(i).

 

The guillotine having fallen at this point, Members agreed to receive written answers to these questions.  The questions and the written responses are set out below.

 

(i)         To the Executive Leader, from Cllr Pearce:

“At its meeting of 29 November, the Council approved nem con a notice of motion calling for the setting up of a task force to make proposals for practical steps to tackle the impact on longer term residents of students living in rented housing outside their campuses.  The notice of motion also called for Council to join other university cities via the LGA to lobby central government to introduce new controls to enable councils to exercise control over changes of use from family housing to student lets through changes to planning or other legislation.

In three months’ time, dandelion seeds will be blowing in the wind over Badger Hill from the overgrown gardens of vacated student houses in the summertime ghost streets.  What progress has the Council made with these initiatives in the full three months since its November meeting?”

 

            Reply:

Since the motion was agreed, officers have focused on a number of ways to address the relevant issues, particularly in relation to studentification, which is a particular concern to residents of Badger Hill and other areas of the City where there is a high proportion of students residing in family dwellings in the community.

Firstly, a meeting took place between the University and CYC Councillors in January and it was agreed that setting up a “task force” to look into the issues relating to the condition of student accommodation  may not be the best way forward, as a Voluntary Code already exists (involving the University, landlords and the Council).

However, it was agreed that a small group would be set up to discuss the specific issues raised in the Council motion.

This meeting is scheduled to take place after April when the initial results of the Private Sector Stock Condition Survey should have been received, so evidence from the survey could be linked to the perceived poor standards. This Voluntary Code meeting is expected to take place around 19th May.

Officers are addressing the issues of studentification through the Local Development Framework. An evidence base on studentification is being produced, which would support the LDF process in York. This involves the following methodology:

·        Officers have been researching the methods employed by other local planning authorities in addressing the issues of student accommodation and exploring opportunities to ensure that communities do not become  unbalanced as a result.

·        The Strategic Housing Market Assessment, carried out by Fordhams Research, was published in June 2007 and Officers are currently considering how this Assessment can provide an input into the evidence base.

It is anticipated that the issues of studentification and the evidence base will be reported to members in due course.

A letter regarding the issues raised in the motion has  ...  view the full minutes text for item 87.

88.

Scrutiny - Report of the Chair of the Scrutiny Management Committee pdf icon PDF 21 KB

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

Minutes:

A written report was received from Cllr Blanchard, the Vice Chair of the Scrutiny Management Committee (SMC), on the work of the SMC since the last report to Council, on 24 January 2008.

89.

Activities of Outside Bodies

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 – meeting on 14/1/08

·         Yorkshire & Humber Assembly – meeting on 7/2/08

·         North Yorkshire Fire & Rescue Authority – meeting on 10/12/07

·         Regional Transport Forum – meeting on 5/3/08

·         Pension Fund Sub-Committee – meetings on 14/11/07 and 7/12/07

 

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

Minutes:

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 14 January 2008
  • Yorkshire and Humber Assembly – meeting on 7 February 2008
  • Local Government Yorkshire and Humber – meetings on 22 November 2007 and 28 February 2008
  • North Yorkshire Fire and Rescue Authority – meeting on 10 December 2007
  • Regional Transport Forum – meeting on 5 March 2008
  • Pension Fund Sub-Committee – meetings on 14 November 2007, 7 December 2007 and 14 February 2008

 

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

90.

Appointments and Changes to Membership pdf icon PDF 12 KB

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

Minutes:

RESOLVED: That Dr Alison Birkinshaw be appointed as a non-statutory co-opted Member of the Children’s Services Advisory Panel (Further Education Representative), in place of Mr Mike Galloway.

 

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