Agenda and minutes

The Lord Mayor invited all Members to observe a minute’s silence in memory of Hon Alderman and ex-Councillor Gerald Dean, who had died the previous month.

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. 

Cllrs Crisp, Douglas and Simpson-Laing each declared a personal and prejudicial interest in agenda item 14 B (iii) (Cllr Gillies’ Notice of Motion in respect of the Shadow Executive), as members of the Shadow Executive in receipt of special responsibility allowances for that role.  Cllr Simpson-Laing also wished to place on record her membership of UNISON.

Cllrs Potter and Scott each declared a personal, non prejudicial interest in agenda item 14 B (iii), as members of the Shadow Executive not in receipt of special responsibility allowances for that role.

At this stage in the meeting, Cllr Scott announced that he wished to raise a point of order in respect of Cllr Gillies’ Notice of Motion at item 14 B (iii) on the agenda.  He objected to the inclusion of this motion on the agenda, on the grounds that it was ultra vires, being already under consideration by the Audit and Governance Committee in accordance with Standing Order 16.  Having taken advice from the Head of Legal Services, the Lord Mayor ruled against Cllr Scott’s submission and confirmed that the motion had been properly included on the agenda and would be debated later in the meeting.

To consider excluding the public and press from the meeting during any discussion of the exempt minute of the Extraordinary Council meeting held on 22 July 2009 (agenda item 3 refers), on the grounds that it contains information in respect of which a claim to legal professional privilege could be maintained in legal proceedings, which is classed as exempt under paragraph 5 of Schedule 12A of the Local Government Act 1972 (as revised by The Local Government (Access to Information) (Variation) Order 2006).

RESOLVED: That the press and public be excluded from the meeting during any discussion on the exempt minutes of the Extraordinary meeting of Council held on 22 July 2009, on the grounds that they contain information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.  Such information is classed as exempt under paragraph 5 of Schedule 12A of the Local Government Act 1972 (as revised by The Local Government (Access to Information) (Variation) Order 2006).

To approve and sign the minutes of the Ordinary Council meeting held on 9 July 2009 and the Extraordinary meeting of Council held on 22 July 2009.

RESOLVED: (i)         That the minutes of the Ordinary Council meeting held on 9 July 2009 be approved and signed by the Chair as a correct record, subject to the following amendments:

a)     Under minute 13 (Declarations of Interest), Cllr Simpson-Laing’s declaration of interest was as a member of UNISON and not as a previous member.

b)     Under minute 18 (Petitions), the reference to the no.18 bus at petition no. (ix) should refer to the no.16 bus.

(ii) That the minutes of the Extraordinary Council meeting held on 22 July 2009 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 welcomed to their first meeting of Council the new Chief Executive, Kersten England, Cllr Barbara Boyce the new Member for Heworth and Sally Burns, the new Director of Neighbourhood Services.  He also announced the imminent departure of Quentin Baker, the Head of Civic, Legal and Democratic Services and wished him well in his new post in Cambridge.

The Lord Mayor then announced the receipt of the following gifts, which were on display in the Council Chamber:

• A book entitled Stonegate Voices, presented by the York Archaeological Trust
• A book entitled Celebrating Jorvik, which provided a photographic record of historic artefacts in York.

At this point in the meeting, members of the public who have registered their wish to address the Council, or to ask a Member of the Council a question, on a matter directly relevant to the business of the Council or the City, may do so.  The deadline for registering is 5:00pm on Wednesday, 14 October 2009.

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

Joe Armer, of the Youth Council, spoke about young people in York and their problems and aspirations.  He urged Council Members to listen to and work with young people, who were not only future citizens but were often directly affected by Council decisions.

With the consent of the Lord Mayor, Cllr Runciman, the Executive Member for Children and Young People’s Services, responded to Joe Armer’s comments.  She welcomed the involvement of young people in the meeting and drew attention to the Youth Council debate held in the Council Chamber as part of Local Democracy Week, and to a forthcoming debate of the Youth Parliament to be held in the House of Commons.

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 Simpson-Laing, on behalf of residents calling for a 20mph zone in Ouseburn Avenue.

(ii)               Cllr Simpson-Laing, on behalf of residents calling for a 20mph zone in Millgates.

Under Standing Order 7, petitions were presented by:

(i)                 Cllr Simpson-Laing, on behalf of residents calling for a 20 mph zone on Ouseburn Avenue.¹

(ii)               Cllr Simpson-Laing, on behalf of residents calling for a 20 mph zone in Millgates. ²

(iii)             Cllr Brooks, on behalf of Kexby Parish Council, calling for a 40 mph speed limit on the A1079 through Kexby. ³

(iv)              Cllr Crisp, on behalf of residents calling for a 20 mph zone in the Holly Bank area of the City. ⁴

(v)                Cllr Simpson-Laing, on behalf of residents calling for a 20 mph zone in Viking Road. ⁵

(vi)              Cllr Simpson-Laing, on behalf of residents calling for a 20 mph zone in Low Poppleton Lane. ⁶

It was then

RESOLVED: That the above petitions be referred to the Executive or appropriate Committee. ^1-6

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 Executive Leader, Cllr Andrew Waller, on the work of the Executive.

In presenting his report, the Leader endorsed the comments of the Lord Mayor with regard to the welcoming of Kersten England, Sally Burns and Cllr Boyce to the meeting and the departure of Quentin Baker.  These comments were echoed by leaders of the Opposition Groups in their responses to the report.  The Leader also responded to questions from the Opposition Group leaders in respect of his recent visit to Brussels, the provision of swimming facilities in the City, the Barbican and Castle Piccadilly sites, the Urban Eco Settlement, improvements to the Ring Road and preparations for potential cuts in public spending following the General Election.

The Leader then moved, and Councillor Runciman seconded, the recommendations contained in the following minutes of the Executive meetings held on 21 July, 8 September, 22 September and 6 October 2009 respectively:

• Minute 55 – Land at the Rear of Acomb Explore, Front Street, Acomb¹
• Minute 68 – Minutes of Working Groups²
• Minute 69 – Capital Programme Monitor 1³
• Minute 81 – Administrative Accommodation Project Financial Update⁴
• Minute 90 – Revised Financial Regulations⁵
• Minute 91 – Swimming Facilities

Each set of recommendations was moved, seconded, debated and voted upon separately and on being put to the vote each was declared CARRIED.  It was therefore

RESOLVED: That the recommendations contained in Minutes 55, 68, 69, 81, 90 and 91 of the Executive meetings held on 21 July, 8 September, 22 September and 6 October 2009 be approved.

The Lord Mayor announced that he intended to vary the order of business so as to deal at this point in the meeting with the Notice of Motion submitted by Cllr Gillies in respect of the Shadow Executive, at item 14 B (iii) on the agenda.  This was to enable Members to debate the matter fully.

It was then moved by Cllr Gillies and seconded by Cllr Watt that:

“The new scrutiny format has made the institution of the Shadow Executive redundant.  The Council therefore moves to amend the Constitution to abolish the role of Shadow Executive with immediate effect and with the consequence of not paying special responsibility allowances for Shadow Executive spokespersons.

The Council therefore instructs the Monitoring Officer, in accordance with the powers under Article 16 of the Constitution, to effect the necessary changes to the Constitution and to report back upon the details to the Executive in due course.”

On behalf of the Labour Group, Cllr Scott requested that a named vote be taken on the above motion.  He then announced that his Group would not be participating in the vote.  On the advice of the Lord Mayor, all members of the Labour Group, except for Cllrs Fraser and B Watson, left the Chamber after the debate and before the vote was taken. 

In accordance with Standing Order 15.2.1, a named vote was then taken of those Members present, with the following result:

The motion was therefore declared CARRIED and it was

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

Note: Cllrs Crisp, Douglas, King and Simpson-Laing all left the Chamber during consideration of the above item, having previously declared their prejudicial interests in this matter,  and took no part in the debate or decision thereon.

To consider the following recommendations for approval from the Standards Committee in respect of the Review of the Protocol on Officer / Member Relations, which was referred back to the Committee by Council on 9 July:

As Vice Chair of the Standards Committee, Cllr Horton moved, and Cllr Taylor seconded, the recommendation contained in Minute 21 of the Standards Committee meeting held on 28 August 2009 in respect of the Review of the Protocol on Officer / Member Relations: Reference Back from Council.

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

RESOLVED: That the recommendation contained in Minute 21 of the Standards Committee meeting held on 28 August 2009 be approved.¹

To consider the following recommendations for approval from the Audit and Governance Committee:

As Chair of the Audit & Governance Committee, Cllr B Watson moved, and Cllr Jamieson-Ball seconded, the recommendations contained in the following minutes of the Audit & Governance Committee meeting held on 21 September 2009:

• Minute 31 – The Introduction of a Corporate Approach to Handling Petitions and E-Petitions¹
• Minute 32 – Review of the Audit & Governance Committee’s Terms of Reference (Articles & Functions) ²

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

RESOLVED: That the recommendations contained in minutes 31 and 32 of the Audit & Governance Committee meeting held on 21 September 2009 be approved. ^1-2

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

A written report was received from Cllr Paul Healey, the Chair of the Scrutiny Management Committee (SMC) on the work of the SMC since the last report to Council, on 9 July 2009.

Cllr Healey then moved, and Cllr Funnell seconded, the recommendations contained in Minute 14 of the SMC meeting held on 28 September 2009 and relating to a referral from the Community Safety Overview and Scrutiny Committee requesting a change to their terms of reference. 

On being put to the vote the recommendations were declared CARRIED and it was

RESOLVED: That the recommendations contained in Minute 14 of the Scrutiny Management Committee meeting held on 28 September 2009 be approved. ¹

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 8.21.

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

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

(i)         From Cllr King:

“Would the Executive Member agree that air quality monitoring is of little value unless the Council takes action to improve air quality. In doing so will she confirm to Council what action has been taken to improve air quality in the AQMA against a trend of worsening air quality, given this wasn’t deemed important enough to feature in her report?”

            The Executive Member replied:

I would agree that monitoring on it own has little value but I can assure Cllr King that the monitoring has informed a great deal of action.

The review and assessment of air quality is a legal requirement under sections 82-84 of the Environment Act 1995 Part IV.

We have an extensive range of air quality monitoring, comparable to larger cities in the country that  includes 11 real time air quality monitoring stations monitoring air pollution continuously. We have 325 diffusion tubes that monitor air pollution on radial routes and other busy roads.

Once we declared an Air Quality Management Area in 2002 it became a legal requirement to monitor air pollution in the AQMA. The air quality monitoring stations also monitor pollution from major developments in certain areas of York.

This network enables the council to determine where air pollution is impacting on the health of local residents and to monitor the effects of transport policy on air quality.

The Environment Act 1995 Part IV also imposed a legal duty to produce an air quality action plan (AQAP) to improve air quality in York and to meet the health based air quality objectives.

Many of the measures in the Plan have already been delivered. These include:

·        New planning guidance on sustainability

·        A successful car club

·        Cleaner, lower emission taxis

·        Graduated parking charges based on vehicle age, fuel type and engine size

And we are progressing.

·        3 New Park & Rides

·        A low emission zone feasibility study

Other measures to improve air quality will be progressed via the Local Development Framework, the City Centre Area Action Plan, the third Local Transport Plan (LTP3) and the emerging Low Emission Strategy. These include:

·        Extension of the foot streets and their hours of operation

·        A freight transhipment centre to remove heavily polluting diesel lorries from the city centre and AQMA

·        Promotion of electric vehicles and the infrastructure to support them.

·        A low emission strategy will build on the existing air quality action plan, LTP3 and the Climate Change Strategy and look holistically at emissions of CO2, nitrogen dioxides and particulates from all sources and not just transport or development.

A word of caution is needed as not all the measures that seem attractive have the desired effect.  For example, the government is encouraging vehicle manufacturers to reduce CO2 emissions, but by adjusting their engines, emissions of  ...  view the full minutes text for item 47.

Minutes of the following meetings of outside bodies, received since the last meeting of Council, have been made available for Members to view on the Council’s website:

• North Yorkshire Fire & Rescue – meeting on 24/06/09
• North Yorkshire Police Authority – meeting on 29/06/09
• Quality Bus Partnership – meeting on 04/06/09
• Regional Transport Forum – meeting on 16/06/09
• Safer York Partnership – meeting on 23/06/09
• Without Walls Partnership – meeting on 14/07/09
• Yorkshire & Humber Assembly – meeting on 16/01/09

The web link is:

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).

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

• North Yorkshire Fire & Rescue – meeting on 24/06/09
• North Yorkshire Police Authority – meeting on 29/06/09
• Quality Bus Partnership – meeting on 04/06/09
• Regional Transport Forum – meeting on 16/06/09
• Safer York Partnership – meeting on 23/06/09
• Without Walls Partnership – meeting on 14/07/09
• Yorkshire & Humber Assembly – meeting on 16/01/09

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

This report seeks formal approval to establish an Appointments Committee for the post of Head of Legal Services and to delegate sufficient powers to that committee to enable it to conduct the recruitment process, select and appoint a candidate, subject to the requirements of the standing orders on appointment.

Cllr Waller moved, and Cllr Runciman seconded, the recommendations contained in a report of the Director of Resources seeking approval to establish an Appointments Committee for the post of Head of Legal Services.

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

RESOLVED: That the recommendations contained in the report of the Director of Resources be approved and an Appointments Committee be established for the post of Head of Legal Services. ¹

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 list circulated around the Council Chamber be approved, subject to confirmation of the correct name of the body listed as the ‘Local Government Yorkshire and Humber Regeneration & Housing Board’.

                        Note: the full list of agreed appointments is attached as an annex to these minutes.

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 Waller

“Council notes:

1.     The suspension of the development of York Central by Network Rail and the National Railway Museum (National Museums of Science and Industry) due to the current difficult economic climate.

2.     The importance of the York Central site to the long term economic interests of the city and to the wider region.

3.     The progress that has been made by the York Central Board.

Council calls for the York Central Board to remain in operation to aid with:

1.      The promotion and development of the site

2.      Maintaining work on the development potential of the site with partner

3.      Examination of funding sources, and mechanisms, for infrastructure costs associated with the development of the site.”

(ii)        From Cllr Potter

“The UK has ambitious targets to reduce damaging greenhouse gases over the coming decades, most notably to reduce its own share by 80% by 2050 below 1990 levels.

Council believes every individual and every organisation, both large and small, has a responsibility to contribute to this reduction, as this is the only way both short and long-term targets will be achieved.

The current 10:10 campaign is targeting individuals, schools, hospitals businesses and every other type of organisation to get them to commit to reducing their carbon emissions by 10% by the end of 2010.

Council recognises the importance of collective action, and importantly of its own ability to show leadership by signing up to the campaign.  In doing so, Council is signalling its serious intent to reduce its impact on the environment, whilst also benefiting the tax payer by saving money.”

Council therefore resolves to sign up to the 10:10 campaign immediately, and to task officers with setting out within three months the action required to ensure Council achieves this target.”

(iii)       From Cllr Gillies

“The new scrutiny format has made the institution of the Shadow Executive redundant.  The Council therefore moves to amend the Constitution to abolish the role of Shadow Executive with immediate effect and with the consequence of not paying special responsibility allowances for Shadow Executive spokespersons.

The Council therefore instructs the Monitoring Officer, in accordance with the powers under Article 16 of the Constitution, to effect the necessary changes to the Constitution and to report back upon the details to the Executive in due course.”

(iv)       From Cllr Scott

“Council calls upon the Chief Executive of the City of York Council to write in support of the campaign to ensure that York residents retain their 15% discount from Yorkshire Water as agreed at the time of the merger.”

(v)        From Cllr Reid

“Council notes that good progress is already being made towards meeting the authority’s target of 25% reduction in CO2 emissions by 2013 through the Carbon Management Programme developed in  ...  view the full agenda text for item 50.

(i)         York Central

            It was moved by Cllr Waller and seconded by Cllr Steve Galloway that:

“Council notes:

1.     The suspension of the development of York Central by Network Rail and the National Railway Museum (National Museums of Science and Industry) due to the current difficult economic climate.

2.   The importance of the York Central site to the long term economic interests of the city and to the wider region.

3.   The progress that has been made by the York Central Board.

Council calls for the York Central Board to remain in operation to aid with:

1.      The promotion and development of the site

2.      Maintaining work on the development potential of the site with partner

3.      Examination of funding sources, and mechanisms, for infrastructure costs associated with the development of the site.” ¹

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

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

(ii)        10:10 Campaign to Reduce Carbon Emissions (Cllr Potter)

A notice of motion had been submitted by Cllr Potter in the following terms:

“The UK has ambitious targets to reduce damaging greenhouse gases over the coming decades, most notably to reduce its own share by 80% by 2050 below 1990 levels.

Council believes every individual and every organisation, both large and small, has a responsibility to contribute to this reduction, as this is the only way both short and long-term targets will be achieved.

The current 10:10 campaign is targeting individuals, schools, hospitals businesses and every other type of organisation to get them to commit to reducing their carbon emissions by 10% by the end of 2010.

Council recognises the importance of collective action, and importantly of its own ability to show leadership by signing up to the campaign.  In doing so, Council is signalling its serious intent to reduce its impact on the environment, whilst also benefiting the tax payer by saving money.”

Council therefore resolves to sign up to the 10:10 campaign immediately, and to task officers with setting out within three months the action required to ensure Council achieves this target.”

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

“The UK has ambitious targets to reduce damaging greenhouse gases over the coming decades, most notably to reduce its own share by 80% by 2050 below 1990 levels.

Council believes every individual and every organisation, both large and small, has a responsibility to contribute to this reduction, as this is the only way both short and long-term targets will be achieved.

The current 10:10 campaign is targeting individuals, schools, hospitals businesses and every other type of organisation to get them to commit to reducing their carbon emissions by 10% by the end of 2010.

Council recognises the importance of collective action, and importantly of its own ability to show leadership by signing up to the campaign.  In doing so, Council is signalling its serious intent to reduce its impact on the environment, whilst also  ...  view the full minutes text for item 50.

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

(i)         To the Executive Member for Corporate Services, from Cllr Scott

“Does the Executive Member believe in openness and transparency in local democracy and in the operation of the Council?”

(ii)               To the Executive Member for Children & Young People’s Services, from Cllr Douglas

“Can the Executive Member provide details of how many Physical Education (PE) sessions have been cancelled at each primary and at each secondary school operating under the Local Education Authority (LEA), due to the timetabling of extra activities such as concerts, plays and visits, during the last academic year, both as a total and as a percentage of all timetabled PE sessions?

(iii)             To the Executive Member for Children & Young People’s Services, from Cllr Waudby

“Can the Executive Member tell Council more about The Fostering Network annual conference which she attended in York earlier this month?”

(iv)              To the Executive Member for Children & Young People’s Services, from Cllr Jamieson-Ball

“Can the Executive Member tell Council what steps are being taken to tackle youth unemployment in the city?”

(v)                To the Executive Member for Children & Young People’s Services, from Cllr Aspden

“Can the Executive Member give Council details of the recent GCSE results achieved by pupils in the city?”

Five questions had been submitted to Executive Members under Standing Order 11.3(a).  The questions were put and answered as follows:

(i)         To the Executive Member for Resources, from Cllr Scott:

“Does the Executive Member for Resources believe in openess and transparency in local democracy and in the operation of the Council?”

Reply

“Yes.”

(ii)               To the Executive Member for Children & Young People’s Services, from Cllr Douglas

“Can the Executive Member provide details of how many Physical Education (PE) sessions have been cancelled at each primary and at each secondary school operating under the Local Education Authority (LEA), due to the timetabling of extra activities such as concerts, plays and visits, during the last academic year, both as a total and as a percentage of all timetabled PE sessions?

Reply

“The information that the Shadow Member requests is not currently collected and reported.   To do so would be a highly time consuming and intensive task - I would be extremely reluctant to ask for this to be done, given the additional demands it would make on the time of school leaders, along with the distraction that it would cause from core activities.

The evidence suggests that physical activity within our schools is well promoted - our Children and Young Peoples Plan describes progress on the Healthy Schools agenda, which has been nationally recognised. 

We have made steady improvements to indoor and outdoor sports facilities in schools and the proportion of students who get an average of 2 hours per week quality PE and schools sports is now over 90%. 

This Liberal Democrat administration has a firmly stated ambition to continue to work with schools and governing bodies to ensure that arts and sports play a key role in the opportunities provided for enjoying and achieving in our schools.  We intend to keep this a priority.

(iii)             To the Executive Member for Children & Young People’s Services, from Cllr Waudby

“Can the Executive Member tell Council more about The Fostering Network annual conference which she attended in York earlier this month?”

Reply

“I was delighted to be asked to speak at the National Fostering Network Conference in York recently and to give a councillor’s perspective.   It has been clear to me for many years that all children need a family in which to grow up and – if their own family is not available, a foster family gives the best alternative. 

As in every other authority, the numbers of children coming into our care have increased significantly in the last few years, especially following the publicity after the baby P case. This brings increased pressure on the children’s social care budget.

To cope with this demand we have steadily increased the umber of foster carers that we have – there are now 95 - and a greater proportion than ever of the children we look after are able to access foster care.  In 2006/7 it was 70.92% - it is now 85.78%.

This Liberal Democrat Administration is firmly committed to keeping children who  ...  view the full minutes text for item 51.

Any other business which the Chair considers urgent under the Local Government Act 1972.

The Lord Mayor has agreed to consider under urgent business a report titled “Appointments Committee for the Post of Assistant Director of City Development and Transport”. This is in order to enable the appointment of Assistant Director of City Development and Transport to proceed as quickly as possible given that this is considered an essential role in developing York’s first Spatial Plan.

The Lord Mayor had agreed to receive under urgent business a report of the Director of City Strategy, seeking approval to establish an Appointments Committee for the post of Assistant Director of City Development and Transport, on the basis that the appointment should be made as quickly as possible given that the post holder would play an essential role in developing York’s first Spatial Plan.

Cllr Steve Galloway then moved, and Cllr Runciman seconded, the recommendations contained in the report at paragraph 11.  On being put to the vote the recommendations were declared CARRIED and it was

RESOLVED: That the recommendations contained in the report of the Director of City Strategy be approved and an Appointments Committee be established for the post of Assistant Director of City Development and Transport. ¹