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.

Cllr Morley declared a personal and prejudicial interest in Motion (iii), relating to the Rating (Empty Properties) Act (Minute 43 refers), as the owner of property that could be affected by the Act.  He left the room during consideration of this motion and took no part in the discussion or decision thereon.

Cllr Looker declared a personal and prejudicial interest in the recommendations from the Executive meeting on 21 October 2008 (Minute 44 refers), insofar as they related to the Credit Union, as a director of the Credit Union.

Cllr Sunderland declared a personal, non prejudicial interest in the recommendations from the Executive meeting on 21 October 2008 (Minute 44 refers), insofar as they related to the CAB, as an employee of the CAB.

To approve and sign the minutes of the Council meeting held on 25 September 2008.

RESOLVED: That the minutes of the Council meeting held on 25 September 2008 be approved and signed by the Chair as a correct record.

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

The Lord Mayor announced the receipt of a plaque received from the European Traffic Police Network, which was available to view in the Council Chamber.

The Lord Mayor then announced that, due to the importance of the decision to be taken on the Scrutiny Review, at item 10 on the agenda, he would use his discretion to vary the order of business and move straight to consideration of that item at 9:00 pm if it had not already been reached by then.

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, 26 November 2008.

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

Chris Copland, of the local Friends of the Earth Group, spoke in support of the motion on the Sustainable Communities Act to be considered under item 6 on the agenda (motion (v)).  He noted the widespread support for the Act amongst Community Groups and in Parliament, and urged Members to make use of its provisions.

Richard Foster, of the National Union of Journalists, drew Members’ attention to the continuing cost cutting measures and consequent job losses being implemented by the owners of The Press newspaper in York.  He expressed concern at the harm this was causing to The Press and its sister titles and the effect of this on the local community.

Marc Atkinson spoke in support of the petition to be presented by Cllr Fraser seeking a review of the Council’s policy on A-boards.  On behalf of traders in Micklegate, he expressed willingness to work with the Council to help establish suitable guidelines for A-boards and other street furniture, along the lines of the policy currently operating in Rotherham.

Kevin Jones also spoke in support of the petition on A-boards on behalf of Micklegate traders, specifically the pub trade.  He noted that the removal of the A-boards had had a negative effect on trade at his own establishment and that there was a need to find a commonsense solution to this issue rather than imposing a blanket ban on A-boards in the event of a complaint.

Mark Warters spoke regarding land to the west of Metcalfe Lane in Osbaldwick.  He expressed concern that his comments had been interrupted a the last Council meeting and expressed his view that the comments made by Officers at a recent Planning meeting conflicted with a 2007 government ruling on the green belt status of the land.

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 King, on behalf of residents of Rowntree Avenue asking the Council to consider installing layby parking in their street.

(ii)               Cllr Ayre, on behalf of local residents asking for safer crossing measures at Stockton Lane, Hempland Lane and Woodlands Grove.

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

(i)                 A petition presented by Cllr King, on behalf of residents of Rowntree Avenue, asking the Council to consider installing lay-by parking in their street.¹

(ii)               A petition presented by Cllr Ayre, on behalf of local residents asking for safer crossing measures at Stockton Lane, Hempland Lane and Woodlands Grove. ²

(iii)             A petition presented by Cllr Fraser, on behalf of traders in Micklegate, calling for a review of the Council’s policies on A-boards. ³

(iv)              A petition presented by Cllr Simpson-Laing, on behalf of local residents, asking the Council to ensure that open space and tennis courts at the old Manor School be made available for public use pending development of the site. ⁴

(v)                A petition presented by Cllr Potter, on behalf of York residents, calling on the Council to introduce a 20 mph speed limit throughout the City in residential areas. ⁵

(vi)              A petition presented by Cllr Bowgett, on behalf of residents of Acomb and Holgate, calling on the Council to ensure that the streets in their areas were repaired so they were safe. ⁶

(vii)            A petition presented by Cllr Alexander, on behalf of residents of West Bank, Firtree Close and Parkside Close, seeking resurfacing of the road along and near West Bank. ⁷

RESOLVED: That the above petitions be referred to the Executive or appropriate committee. ^1-7

To consider the following Notices of Motion under Standing Order 12:

A – Motions referred from the Executive in accordance with Standing Order 12.1(a)

None

B – Motions submitted for consideration directly by Council, in accordance with Standing Orders 12.1(b)

(i)         From Cllr Sue Galloway

“This Council urges the Government to act quickly to remove the barriers which currently deter local authorities and Registered Social Landlords from purchasing homes, from the private sector, to add to the pool of social rented accommodation available in the City of York area.”

(ii)        From Cllr Simpson-Laing

“This Council instructs the Chief Executive to write to the Housing Minister with a requestto introduce the following measures aimed at providing much needed affordable housing, tokeep people in their homes, to stimulate the market to reuse empty homes andto maintain jobs in the construction industry by:

a)     Allowing councils and housing associations to become the tenants of over market surplus developments, built for the ‘buy to let’ market, to provide much needed affordable homes;

b)     Ensuring that repossession is the action of last resort and investigate how such properties could be part purchased by housing associations;

c)      Bringing back purchase and repair grants to allow housing associations to create new affordable homes out of run down empty property;

d)     Slashing the cost of renovating derelict empty homes by cutting VAT on repair and maintenance.”

(iii)       From Cllr Gillies

“This Council agrees to join the campaign for suspension of the Rating (Empty Properties) Act 2007 on commercial buildings by:

·        Instructing the Chief Executive to write to the office of the Prime Minister in support of the suspension of the Act; and

·        Joining other councils and major businesses in support of the campaign by the British Property Federation to suspend the Act.”

(iv)       From Cllr Crisp

“Council recognises the importance of Holocaust Memorial Day.

Council agrees that this event should be recognised fully within the City of York and requests that the Chief Executive takes such steps as are necessary to ensure this event becomes an integral and permanent feature in the annual civic calendar.  Council further agrees to allocate sufficient resources, from reserves if necessary,to enable the appropriate recognition of Holocaust Memorial Day by the city on an annual, ongoing basis.”

(v)        From Cllr Aspden

This Council:

i)          Notes that local authorities and their communities know the best ways to develop solutions to local problems, and how to promote thriving communities;

ii)         Supports the bottom up principle within the Sustainable Communities Act designed to allow local authorities and their communities to direct help from central government into reversing community decline and promoting thriving, sustainable communities;

(iii)            Notes that the Act gives local authorities the power to

·        make proposals to government on the actions and assistance government must provide to promote sustainable communities, and

·        argue for a transfer of public money and function from central to local control;

(iv)       Notes that the Act defines "Sustainable Communities" broadly, that definition having the four aspects of  ...  view the full agenda text for item 43.

(i)         Social Rented Accommodation

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

“This Council urges the Government to act quickly to remove the barriers which currently deter local authorities and Registered Social Landlords from purchasing homes, from the private sector, to add to the pool of social rented accommodation available in the City of York area.”¹

On being put to the vote, the motion was declared CARRIED and it was

RESOLVED: That the above notice of motion be approved.

(ii)            Affordable Housing

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

“This Council instructs the Chief Executive to write to the Housing Minister with a request to introduce the following measures aimed at providing much needed affordable housing, to keep people in their own homes, to stimulate the market to re-use empty homes and to maintain jobs in the construction industry by:

a)                 Allowing councils and housing associations to become the tenants of over market surplus developments, built for the ‘buy to let’ market, to provide much needed affordable homes;

b)                 Ensuring that repossession is the action of last resort and investigate how such properties could be part purchased by housing associations;

c)                  Bringing back purchase and repair grants to allow housing associations to create new affordable homes out of run down empty property;

d)                 Slashing the cost of renovating derelict empty homes by cutting VAT on repair and maintenance.” ²

On being put to the vote, the motion was declared CARRIED and it was

RESOLVED: That the above notice of motion be approved.

(iii)            Rating (Empty Properties) Act

It was moved by Cllr Gillies and seconded by Cllr Healey that

“This Council agrees to join the campaign for suspension of the Rating (Empty Properties) Act 2007 on commercial buildings by:

• Instructing the Chief Executive to write to the Office of the Prime Minister in support of the suspension of the Act; ³ and
• Joining other councils and major businesses in support of the campaign by the British Property Federation to suspend the Act.”⁴

On being put to the vote, the motion was declared CARRIED by 25 votes to 20 and it was

RESOLVED: That the above notice of motion be approved.

(iv)            Holocaust Memorial Day

The fourth notice of motion had been submitted by Cllr Crisp, as follows:

“Council recognises the importance of Holocaust Memorial Day.

Council agrees that this event should be recognised fully within the City of York and requests that the Chief Executive takes such steps as are necessary to ensure this event becomes an integral and permanent feature in the annual civic calendar.  Council further agrees to allocate sufficient resources, from reserves if necessary, to enable the appropriate recognition of Holocaust Memorial Day by the city on an annual, ongoing basis.” ⁴

Cllr Crisp now sought leave to alter the above motion, to read as follows:

“Council recognises the importance of Holocaust Memorial Day.

Council agrees, in principle, that this event should be recognised fully  ...  view the full minutes text for item 43.

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 meetings held on 7 October, 21 October and 18 November 2008, namely:

• Minute 94 – Capital Programmme: Monitor 1
• Minute 104 – Thriving City: Report Back
• Minute 122 – Amendments to Officer Scheme of Delegation to provide for an Officer to act in the absence of the Chief Executive.

In commenting on the Leader’s report, the Leader of the Opposition asked, with reference to the Council Headquarters project, whether the Hungate architects had been sacked.  The Leader replied that they had not, and that a deliberative process had been adopted to ensure that the Council received best value for money.  In response to a further question on his relationship with the local business community, the Leader stated that they had every confidence in both himself and his predecessor.  In response to a question from the Leader of the Conservative Group regarding the review of the Dial-a-Ride Service, he indicated that a report on this issue would be brought to the Executive meeting on 23 December 2008.

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

RESOLVED: That the recommendations contained in the following minutes of the Executive meetings held on 7 October, 21 October and 18 November be approved:

·        Minute 94 – Capital Programmme: Monitor 1 ¹

·        Minute 104 – Thriving City: Report Back ²

·        Minute 122 – Amendments to Officer Scheme of Delegation to provide for an Officer to act in the absence of the Chief Executive. ³

To receive a report from Councillor Galvin, the Chair of the Scrutiny Management Committee (SMC) on the work of the SMC and to consider the SMC recommendations for approval, as set out below:

It now being 9:00 pm, the Lord Mayor exercised his discretion to vary the order of business so as to bring forward consideration of agenda item 10, the item on Scrutiny.

A written report was received from Cllr John Galvin, the Chair of the Scrutiny Management Committee (SMC) on the work of the SMC since the last report to Council, on 25 September 2008.  This included, at paragraph 18, the recommendations made by the SMC at their meeting on 17 November 2008 concerning the Review of the Council’s Overview and Scrutiny Functions.

It was noted that Cllr D’Agorne had withdrawn an amendment to the SMC recommendations, of which he had previously given notice.

Cllr Galvin now sought leave to alter the recommendations, to read as follows:

“That Option B be adopted and a Working Group of Council, made up of one member from each of the political groups, be formed to consider the detailed implementation of this model and the constitutional changes required, and that the Group report back to Full Council in January on its findings.”  ¹

Council having agreed to this alteration, Cllr Galvin then moved, and Cllr Fraser seconded, the above recommendations, as altered.

The recommendations, as altered, were then put to the vote and were declared CARRIED by 25 votes to 19 and it was

RESOLVED: That the recommendations of the Scrutiny Management Committee at their meeting on 17 November 2008 in respect of the Review of the Council’s Overview and Scrutiny Functions, as altered, be approved.

To receive a written report from the Executive Member for Neighbourhood 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 11.1.

A written report was received from Cllr Ann Reid, the Executive Member for Neighbourhood Services.

Notice had been received of eight questions on the report, submitted by Members in accordance with Standing Orders.  The questions were put and answered as follows:

(i)        From Cllr King

“Could the Executive Member for Neighbourhood Services inform Council of what measures have been taken to ensure that assistance is available when the emergency cord in used in the disabled people’s toilets?”

The Executive Member replied:

“ENCAMS are working with us on the toilet review and they are currently contacting other across local authorities in the UK to identify the best workable solutions.  In the meantime, officers are working with the planning department to ensure the appropriate signage can be displayed in the City Centre.”

In response to a supplementary question from Cllr King, asking when the signage would be in place, the Executive Member replied that she did not know but that it was being treated as a matter of urgency.

(ii)       From Cllr Holvey

“Is the Executive member able to give an update on the staff wellbeing initiatives outlined in the report?”

The Executive Member replied:

“145 people attended the recent drop-in health fair which offered advice on a whole range of health issues from smoking to weight loss.  It was open to all Neighbourhood Services staff.

Staff in the Civil Engineering department have been offered a Gold MOT.  This was an hour long consultation with a occupational nurse which covered the whole range of possible health problems.  Blood pressure, cholesterol and blood sugar levels, lung function, sight hearing, height, weight etc were all tested and advice given on measures that could be taken to address any problems identified.  The MOTs were confidential with the individual results only shared with the staff member involved.  All but 2 of the 72 staff took up the opportunity, along with 2 Councillors.”

(iii)      From Cllr King

“Could the Executive Member for Neighbourhood Services inform Council of what security measures have been introduced in the short term at the new Eco Depot until long term proposals are introduced?”

The Executive Member replied:

“As outlined in my report I agreed to a review of depot safety and security in June.  An independent assessment was carried out by the Freight Transport Association.  I would remind members that the site always has been secure at night and that it is daytime access that was identified as the problem.  A temporary gatehouse has been put in place with a capital bid for a permanent structure made.  We have had to go out to tender for the vehicle barriers but the preparatory work has started for their installation as physical changes are needed at the entrance to accommodate them.  We expect them to be fully operational by Christmas.  This will ensure that access to the site is monitored with visitors reporting to the new reception area at the gate.

The following specific things have been done which should improve security to both  ...  view the full minutes text for item 46.

To deal with the following questions to the Executive Leader and / or other Executive Members, in accordance with Standing Order 11.3:

(i)         To the Executive Member for Children’s Services, from Cllr Alexander:

“Can the Executive Member for Children’s Services detail what extra resources are being given to ensure a successful outcome in the second round 2 bidding for the ‘Myplace’ scheme?”

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

“Would the Executive Member agree with me that the Council needs to set a target to achieve at least a 5% reduction in its energy consumption over the next 12 months?”

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

“Would the Executive Member inform Council what action is being taken to re-invigorate the stalled Carbon Management Programme and what steps are being taken to properly resource the need for data analysis to inform the implementation of the programme?”

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

“As part of the Access York Phase 2 (ring road improvements) bid, the objectives of 'reducing congestion in the city centre'...'reallocation of roadspace to buses cyclists and pedestrians' and 'manage the demand using parking charges and possibly access restraint over the city centre bridges' have been stated.  If the funding bid is successful, what is the timescale for taking these objectives forward and how will you ensure they are achieved as part of any increased capacity on the outer ring road?”

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

“Would the Executive Member for City Strategy comment on how York's LTP2 performance compares with that of similar local authorities elsewhere?”

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

“What progress has been made with the implementation of the Sustainable Procurement Policy?”

(vii)      To the Executive Member for Leisure, Culture and Social Inclusion, from Cllr Horton:

            “Given the numerous occasions in the past when Absolute Leisure have promised to commence works at the Barbican, what assurances can the Executive Member give that this current offer is not another ‘empty promise’; and if a start is not made in January 2009 as promised, what action would the Executive Member propose to take?”

(ix)       To the Executive Member for Housing and Adult Social Services, from Cllr Horton:

“Given that grant aided refurbishment works to the property at 17, Almsford Road should have been substantially completed by the end of March 2008, when does the Executive Member anticipate occupation to be taken up, noting that little action appears to have taken place at the property in the last two months?”

(ix)       To the Executive Member for Housing and Adult Social Services, from Cllr Sunderland:

“Would the Executive Member for Housing and Adult Social Services comment on the Council's performance at the Great North Care Awards?”

Nine questions had been submitted to the Executive Leader and Executive Members under Standing Order 10(c).  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 Member for Children’s Services, from Cllr Alexander:

“Can the Executive Member for Children’s Services detail what extra resources are being given to ensure a successful outcome in the second round bidding for the ‘Myplace’ scheme?”

           Reply:

“I have identified sufficient resources to enable officers to buy in additional bid management and technical skills to assist with the appraisal of the options identified so far and the submission of a high quality bid next year. An individual has been appointed and has already started work on the project.”

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

“Would the Executive Member agree with me that the Council needs to set a target to achieve at least a 5% reduction in its energy consumption over the next 12 months?”

           Reply:

“Clearly all Council Departments are looking carefully at the budget implications of the recent increases in fuel prices. It would be premature to speculate on what measures the Council will be able to promote to reduce energy consumption when it considers its 09/10 budget and consequently it would also be wrong at this stage to allocate a particular percentage target.

The York Council has already, of course, made substantial progress in reducing energy consumption as result of the erection of new buildings such as the Eco Depot, the modernisation of facilities such as the Yearsley pool and looks forward to further progress as energy efficient buildings, such as the new High School, are opened over the next few months.”

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

“Would the Executive Member inform Council what action is being taken to re-invigorate the stalled Carbon Management Programme and what steps are being taken to properly resource the need for data analysis to inform the implementation of the programme?”

           Reply:

“The Carbon Management programme has not stalled. A report on progress will be made to the Executive in the new year.

One of the sustainability officer posts is currently vacant. It is anticipated that, now that the Pay and Grading review has been completed, it will be possible to fill this vacancy.”

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

“As part of the Access York Phase 2 (ring road improvements) bid, the objectives of 'reducing congestion in the city centre'...'reallocation of roadspace to buses cyclists and pedestrians' and 'manage the demand using parking charges and possibly access restraint over the city centre bridges' have been stated.  If the funding bid is successful, what is the timescale for taking these objectives forward and how will you ensure they are achieved as part of any increased capacity on the outer ring road?”

           Reply:

“The Access 2 bid is  ...  view the full minutes text for item 47.

To consider a report of the Head of Civic, Legal and Democratic Services which recommends that the ‘local choice’ function to approve the Local Area Agreement (LAA) be allocated to the Executive.

It was agreed that this item be withdrawn from the agenda to enable further consultation to take place with Group Leaders.

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 16/10/08

·         North Yorkshire Fire and Rescue Authority – meeting on 10/09/08

·         Police Authority – meeting on 29/09/08

·         Quality Bus Partnership – meeting on 11/09/08 (draft minutes)

·         Regional Transport Forum – meeting on 19/09/08

·         Safer York Partnership – meeting on 13/10/08

·         Without Walls Partnership – meetings on 03/07/08, 21/07/08 and 18/09/08

·         Yorkshire and Humber Assembly – meeting on 02/10/08

·         York NHS Foundation Trust – meetings on 23/04/08, 23/06/08 and 09/07/08

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 11.2.

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

• Association of North Yorkshire Councils – meeting on 16/10/08
• North Yorkshire Fire & Rescue Authority – meeting on 10/9/08
• Policy Authority – meeting on 29/9/08
• Quality Bus Partnership – meeting on 11/9/08 (draft minutes)
• Regional Transport Forum – meeting on 19/9/08
• Safer York Partnership – meeting on 13/10/08
• Without Walls Partnership – meetings on 3/7/08, 21/7/08 and 18/9/08
• Yorkshire and Humber Assembly – meeting on 2/10/08
• York NHS Foundation Trust – meetings on 23/4/08, 23/6/08 and 9/7/08

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

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

RESOLVED: That the appointments to and changes to membership of committees, working groups and outside bodies, as set out on the revised list circulated around the Council Chamber (and attached as Annex 1 to these minutes), be approved.