Agenda and minutes

Members observed a minute’s silence in respect of former Lady Mayoress Mrs Molly Pulleyn, who had recently died.

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 Council meeting held on 30 June 2008.

RESOLVED: That the minutes of the Council meeting held on 30 June 2008 be approved and signed by the Chair as a correct record, subject to the entry under Minute 13 (Declarations of Interest) being amended to record Cllr Scott’s interest as personal and non prejudicial.

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

The Lord Mayor announced the planned launch of HMS Dragon, which would replace HMS York as the City ship, on 17 November 2008.

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, 24 September 2008.

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

Paul Hunter spoke in support of the petition to be presented under the next agenda item by Cllr Simpson-Laing, on behalf of residents of Newlands Drive. 

Barbara Robinson spokein support of the petition to be presented under the next agenda item by Cllr D’Agorne, regarding safety at the Broadway shops. 

Mark Warters spoke in relation to land to the west of Metcalfe Lane, in Osbaldwick.  He welcomed the interest shown by the European Commission regarding a potential breach of procurement rules in acquiring the site, which might lead to the failure of the Derwenthorpe development.

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:

a)                 Cllr Wiseman, on behalf of residents of Strensall, concerning drainage, road surfacing and white lining in their area.

b)                 Cllr Potter, on behalf of residents who want to see the introduction of 20 mph speed limits in residential streets in York.

c)                  Cllr Simpson-Laing, on behalf of residents of Newlands Drive, seeking traffic measures to stop ‘rat running’ in their street as a consequence of the Manor School Traffic Project.

d)                 Cllr Hogg, on behalf of residents of Haxby objecting to the proposed erection of a ‘phone mast in Oak Tree Lane, Haxby.

e)                 Cllr Douglas, on behalf of residents, regarding the Crichton Avenue Cycle Track.

f)                    Cllr Douglas, on behalf of residents of Clifton Dale, requesting the Council to consider adequate provision for cyclists and pedestrians on Clifton Green.

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

(i)                   A petition presented by Cllr Wiseman, on behalf of residents of Strensall, concerning drainage, road surfacing and white lining in their area.¹

(ii)               A petition presented by Cllr Potter, on behalf of residents seeking the introduction of 20 mph speed limits in residential streets in York.²

(iii)             A petition presented by Cllr Simpson-Laing, on behalf of residents of Newlands Drive, seeking traffic measures to stop ‘rat running’ in their street as a consequence of the Manor School Traffic Project.³

(iv)              A petition presented by Cllr Hogg, on behalf of residents of Haxby objecting to the proposed erection of a mobile ‘phone mast in Oak Tree Lane, Haxby.⁴

(v)                A petition presented by Cllr Douglas, on behalf of residents of Clifton Dale, seeking a review of traffic problems on the Clifton Green hypoteneuse.⁵

(vi)              A petition presented by Cllr Douglas, on behalf of residents asking the Council to provide a shared cycle / footpath on the highway at Crichton Avenue.⁶

(vii)            A petition presented by Cllr D’Agorne, on behalf of residents calling for improved parking arrangements at Broadway shops, in the interests of pedestrian safety. ⁷

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

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)

None

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

(i)         From Cllr Vassie

“Council notes that :

1) Almost a quarter of people in the UK are expected to be in fuel poverty by next year. Average household electricity bills are already expected to increase to more than £500 per year by 2010, and gas bills to around £900.

2) The Government has announced its intention to introduce a £910m package, paid for by energy companies, which is designed to tackle fuel poverty through a number of measures.

3) Worthwhile investment has been made this year to improve smart metering – the displaying of energy consumption - in approximately 20 council buildings.

4) Energy companies have profited from a £9 billion windfall from the EU emissions trading scheme and are therefore able to contribute significantly more to  increasing energy efficiency and cutting bills than the Government’s package recommends. 

Council believes that :

The measures of the Government’s £910m package do not go far enough; they will not reduce fuel bills in the short term, and do not place a mandatory condition on energy companies to not pass the cost of this package onto the consumer, despite the emissions trading windfall.

Council resolves to:

1) Instruct the Chief Executive to write to the Secretary of State for Business to request that energy companies use this windfall, rather than pass the cost onto the customer, and to provide:

·        A national home insulation programme, as proposed by the Local Government Association, which would use £500m a year from energy companies to ensure that 500, 000 people are lifted out of fuel poverty as well as sustain locally generated employment

·        Social tariffs, to ensure that the 2.25 million people on pre-payment meters are not unfairly penalised by disproportionately high bills, costing the energy companies in the region of £275m a year.

·        A wide scale introduction of smart meters in people’s homes to record consumption rates, allowing consumers to know where changes can be made in their energy use to reduce bills.

2) Work with the Energy Saving Trust Advice Centre for York to assist with the promotion of smart metering in residents homes to help people facing fuel poverty in the city.

3) Request that council officers investigate the inclusion of smart metering in Tenants Choice.”

(ii)        From Cllr Scott

“This Council notes the inability of the controlling Lib Dem Executive to deliver major capital projects for the City.

·        It has failed to deliver the re-provision of the Peasholme Hostel on time and within budget

·        It has failed to deliver the reprovision of City Centre swimming.

·        It has failed to deliver the Auditorium at the Barbican

·        It has failed to deliver the Council HQ building at the Hungate site within the time scales promised

Council notes that the Executive has now spent or  ...  view the full agenda text for item 31.

(i)         Fuel Poverty

It was moved by Cllr Vassie and seconded by Cllr Sue Galloway that:

“Council notes that:

1)         Almost a quarter of people in the UK are expected to be in fuel poverty by next year.  Average household electricity bills are already expected to increase to more than £500 per year by 2010, and gas bills to around £900.

2)         The Government has announced its intention to introduce a £910m package, paid for by energy companies, which is designed to tackle fuel poverty through a number of measures.

3)         Worthwhile investment has been made this year to improve smart metering – the displaying of energy consumption – in approximately 20 council buildings.

4)         Energy companies have profited from a £9 billion windfall from the EU emissions trading scheme and are therefore able to contribute significantly more to increasing energy efficiency and cutting bills than the Government’s package recommends.

Council believes that the measures of the Government’s £910m package do not go far enough; they will not reduce fuel bills in the short term, and do not place a mandatory condition on energy companies to not pass the cost of this package onto the consumer, despite the emissions trading windfall.

Council resolves to:

1)         Instruct the Chief Executive to write to the Secretary of State for Business to request that energy companies use this windfall, rather than pass the cost onto the customer, and to provide:

·        A national home insulation programme, as proposed by the Local Government Association, which would use £500m a year from energy companies to ensure that 500,000 people are lifted out of fuel poverty as well as sustain locally generated employment;

·        Social tariffs, to ensure that the 2.25 million people on pre-payment meters are not unfairly penalised by disproportionately high bills, costing the energy companies in the region of £275m a year.

·        A wide scale introduction of smart meters in people’s homes to record consumption rates, allowing consumers to know where changes can be made in their energy use to reduce bills.

2)         Work with the Energy Saving Trust Advice Centre for York to assist with the promotion of smart metering in residents’ homes to help people facing fuel poverty in the city.

3)            Request that council officers investigate the inclusion of smart metering in Tenants Choice.”

Cllr D’Agorne then moved, and Cllr Taylor seconded, an amendment to the above motion, as follows:

“In the first paragraph (starting ‘Council notes that’):

·        in 3), insert ‘in York’ after ‘this year’

·        add ‘5) Kirklees Council has been praised by the Local Government Association for an initiative that will see every household in Kirklees given the option of free loft and cavity wall insulation.’

In the third paragraph (starting ‘Council resolves to’):

·        in 1), insert ‘regulations are changed to ensure that’ after ‘to request that’

·        add ‘4) Request Officers to prepare a report within three months outlining options for a Council-led area based insulation scheme (as proposed by the LGA) to urgently address fuel poverty  ...  view the full minutes text for item 31.

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 Andrew Waller, on the work of the Executive.

Cllr Waller then moved, and Cllr Runciman seconded, those minutes requiring confirmation from the Executive meeting on 29 July 2008, namely:

• Minute 51 – Web Casting of Council Meetings
• Minute 52 – Update on Carry Forward Issues and Key Considerations in the Allocation of Surplus Resources

In commenting on the Leader’s report, the Leader of the Opposition asked a number of questions on the Hungate and Community Stadium projects.  The Leader responded that there was now a political consensus that the new Council Headquarters should be located in the city centre and that a report on potential sites would be considered at the Executive meeting on 20 October.  With regard to the Community Stadium, agreement had already been reached to appoint a project manager and a business case for the stadium would be brought back to Full Council for discussion in due course.

[At this point in the meeting, the guillotine fell and the remainder of the business was dealt with in accordance with Standing Order 1(c), being deemed to be proposed and seconded and being voted on without debate].

Cllr Scott moved, and Cllr Looker seconded, an amendment to the Executive recommendation under Minute 51 (Web Casting of Council Meetings), as follows:

“Delete all after ‘asked to’ and before ‘Council Chamber’ and substitute: ‘proceed with the report option to establish a negotiated contract for web-casting Council meetings.  Such a contract should account for utilising’’

Delete all after ‘system’ and substitute: ‘and would be based upon web-casting both Full Council meetings as well as a set number of main Planning Committee meetings, based upon a forecast of those major applications likely to come forward for determination each year.  Officers to report back on contract negotiations within this calendar year.”

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

The recommendation, as amended, now read as follows:

“That Officers be asked to proceed with the report option to establish a negotiated contract for web-casting Council meetings.  Such a contract should account for utilising the Council Chamber for web-casting, using an ‘out-hosted’ system, and would be based upon web-casting both Full Council meetings as well as a set number of main Planning Committee meetings, based upon a forecast of those major applications likely to come forward for determination each year.  Officers to report back on contract negotiations within this calendar year.”

The Executive recommendations, as amended, were then put to the vote and declared CARRIED and it was

RESOLVED: (i)         That the recommendation under Minute 51, as amended, be approved and negotiations be commenced on a contract for web casting.¹

                        (ii)        That the recommendation under Minute 52 be approved and an ‘invest to save’ fund of £1m be established from the General Reserve.²

To receive a written report from the Executive Member for Leisure, Culture and Social Inclusion, 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 Vassie, the Executive Member for Leisure, Culture and Social Inclusion.

Notice had been received of six questions on the report, submitted by Members in accordance with Standing Orders. 

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

(i)         From Councillor Looker

“Given the precarious state of the financial markets, and the building trade, what written assurances has the Executive Member seen from Barbican Leisure to assure him that the Barbican is going to get its full refurbishment and when are we likely to see some firm dates for re-opening. How secure are the Community Carol Concert and the Festival of Remembrance for 2009?”

            Reply

“Cllr Looker is right to draw attention to the economic circumstances in which we now find ourselves. I share the concerns of all members at the time it is taking to see work begin on the refurbishment of the Barbican.

We have received repeated assurances for Absolute Leisure that the Barbican will re-open by Easter 2009. However, we have also seen a lot of time lost in the discharging of the pre-conditions that need to be satisfied prior to the refurbishment commencing.

I have been working with officers over the past two weeks to identify which pre-conditions are still outstanding. They include conditions about supplying samples of the glass and cladding that is proposed, a detailed method of works statement, and the submission of a Sustainability Statement. These pre-conditions can plainly not be swept aside. A meeting with Absolute Leisure has been organised for the beginning of October.  The meeting will be chaired by Bill Woolley. I expect this meeting either to resolve the matter of the pre-conditions or to set a firm deadline for Absolute Leisure to supply the information to satisfy those pre-conditions.  A letter has been sent to Absolute Leisure in advance of this meeting to try to ensure that the meeting resolves matters.

I should point out that once the pre-conditions have been satisfied and Absolute Leisure have paid the £0.75 million they have agreed to pay then they will have to pay the approximately £3million refurbishment costs into a joint escrow account in order to pay for the refurbishment works.  In other words, CYC cannot be short changed on the refurbishment works.

If the meeting does not produce progress then we will be considering all the options available to us.  The council has the power to give 4 weeks’ notice that it intends to determine the agreement, giving Absolute Leisure the option of either walking away or completing, paying the purchase price, and depositing the £3million. I would hope we do not have to go down that particular path because getting the Barbican refurbished and re-opened as soon as possible is plainly what most people would wish to see and the plans I have seen suggest that the proposed refurbishment would produce the exciting venue we need  ...  view the full minutes text for item 33.

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 Housing and Adult Social Services, from Cllr Simpson-Laing:

“Can the Executive Member inform Council of when she last visited the ‘Family Accommodation’ at Ordnance Lane and could she comment whether she would be happy to live in the flat(s) herself?”

One question 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 a written answer to this question.  The question and the written response are set out below:

To the Executive Member for Housing and Adult Social Services, from Cllr Simpson-Laing:

“Can the Executive Member inform Council of when she last visited the ‘Family Accommodation’ at Ordnance Lane and could she comment whether she would be happy to live in the flat(s) herself?”

Reply:

“I visited this accommodation last Friday.

If I were facing homelessness, then I would be reconciled to living in this sort of accommodation for a short period of time.”

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 30 June 2008.

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).

·         Local Government Yorkshire and Humberside- meeting in June 2008 (Still waiting for approved minutes and exact date)

·         North Yorkshire Fire and Rescue Authority- meeting on 18/06/08

·         Pension Fund Sub-Committee – meeting on 25/06/08

·         North Yorkshire Police Authority – meeting on 30/06/08

·         Quality Bus Partnership – meeting on 19/06/08

·         Regional Transport Forum – meeting on 19/06/08

·         Safer York Partnership – meeting on 10/07/08

·         Yorkshire and Humber Assembly – meeting on 26/06/08

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 had been made available for Members to view on the Council’s website:

·        Local Government Yorkshire & Humberside – meeting in June 2008

·        North Yorkshire Fire & Rescue Authority – meeting on 18/6/08

·        Pension Fund Sub-Committee – meetingon 25/6/08

·        North Yorkshire Police Authority – meeting on 30/6/08

·        Quality Bus Partnership – meeting on 19/6/08

·        Regional Transport Forum – meeting on 19/6/08

·        Safer York Partnership – meeting on 10/7/08

·        Yorkshire and Humber Assembly – meeting on 26/6/08

N 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.

A number of additions to the list of appointments and changes to the membership of committees and outside bodies circulated around the Council Chamber were proposed verbally at the meeting.

These additions have been included on the list attached as Annex 1 to these minutes.

RESOLVED: That the appointments to Committees, Outside Bodies and Working Groups set out on the revised list circulated at the meeting and the further appointments proposed at the meeting be approved.¹