Agenda and minutes

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

Members were invited to declare at this point in the meeting any personal or prejudicial interests they might have in the business on the agenda.

The following interests were declared:

• Cllr Watt - a personal and prejudicial interest in Cllr Wiseman’s Notice of Motion on the closure of RAF Linton-on-Ouse (agenda item 13B(iii)), as the manager of a company which had a contract with the RAF.

• Cllr Fraser - a personal interest in Cllr Gunnell’s Notice of Motion on youth training (agenda item 13B(iv)) and in staffing matters generally, as a member of the retired section of Unison and the retired section of the Acts section of the TGWU section of Unite.

• Cllr Crisp - a personal interest in Cllr Gunnell’s Notice of Motion, as a member of the retired section of Unison.

• Cllrs Steve Galloway, Merrett and Waller - personal interests in Cllr Vassie’s Notice of Motion on the Covenant of Mayors and action on climate change (agenda item 13B(v)), as members of Friends of the Earth.

• Cllr Simpson-Laing - a personal interest in Cllr Gunnell’s Notice of Motion, as a member of Unison, and in Cllr Vassie’s Notice of Motion, as a member of Friends of the Earth.

• Cllr Scott - a personal interest in the recommendations of the Executive in respect of the More for York Blueprints (agenda item 6) and in staffing matters generally, being married to an employee of City of York Council.

• Cllr Looker - a personal interest in the recommendations of the Executive in respect of the Corporate Debt Policy (agenda item 6), as a member of the York Credit Union.

• Cllr Taylor - a personal interest in the refurbishment of York Central Library, as an employee of City Screen, which was offering discounts to holders of library cards whilst the refurbishment was in progress.

To approve and sign the minutes of the Council meeting held on 15 October 2009.

RESOLVED: That the minutes of the Council meeting held on 15 October 2009 be approved and signed by the Chair as a correct record, subject to the addition of Cllr Boyce to the list of Members present at the meeting.

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

The Lord Mayor announced the receipt of a framed certificate from the Carbon Trust, which was on display in the Council Chamber.

At this point in the meeting, any member of the public who has registered 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, 2 December 2009.

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

Robin Rawson spoke in support of the petition to be presented by Cllr Funnell under agenda item 5 seeking the introduction of a 20 mph zone on Dodsworth Avenue.  As a resident of Dodsworth Avenue with two small children, he outlined his concerns regarding traffic in the area and urged Members to support the petition.

Mark Warters spoke in relation to the EU Commission’s investigation regarding the proposed Derwenthorpe development in Osbaldwick.  He expressed the view that the Council Leader’s recent trip to Brussels in respect of this matter had been a waste of time and that the Leader would be to blame if the investigation resulted in the Council being fined.

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 the introduction of a 20 mph zone on Cranbrook Road.

(ii)               Cllr Horton, on behalf of residents calling for the introduction of a 20 mph zone on Beckfield Lane.

(iii)             Cllr Funnell, on behalf of residents calling for the introduction of a 20 mph zone on Dodsworth Avenue.

(iv)              Cllr Boyce, on behalf of residents requesting that council-owned homes in the Monkton Road area be fitted with energy efficient double glazing.

Under Standing Order 7, petitions were presented by:

(i)                 Cllr Simpson-Laing, on behalf of residents calling for the introduction of a 20 mph zone on Cranbrook Road;¹

(ii)               Cllr Horton, on behalf of residents calling for the introduction of a 20 mph zone on Beckfield Lane;²

(iii)             Cllr Funnell, on behalf of residents calling for the introduction of a 20 mph zone on Dodsworth Avenue;³

(iv)              Cllr Boyce, on behalf of residents requesting that council-owned homes in the Monkton Road area be fitted with energy-efficient double glazing;⁴

(v)                Cllr Aspden, on behalf of residents of Fulford Park regarding aspects of the Fulford Road improvements. ⁵

It was then

RESOLVED: That the above petitions be referred to the Executive or appropriate Committee. ^1-5

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 addition to the matters covered in the report, the Leader provided an update on the outcome of the Leeds City Region Summit held on 27 November 2009 and congratulated the Director, department and Executive Member responsible for Housing and Adult Social Services for an excellent Care Quality Commission Assessment result.  In reply to matters raised by the Opposition Group Leaders in their responses to his report, the Leader confirmed that the issue of the York Central development was to be considered by the Yorkshire Forward Board and agreed that there should be more engagement between the Council and the Economic Development Partnership.

The Leader then moved, and Cllr Runciman seconded, the recommendations contained in the following minutes of the Executive meetings held on 20 October 2009 and 17 November 2009:

• Minute 99 – More For York Blueprints¹
• Minute 111 – Capital Programme Monitor Two²
• Minute 112 – Draft Revised Contract Procedure Rules³
• Minute 113 – Corporate Debt Policy⁴

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 99, 111, 112 and 113 of the Executive meetings held on 20 October and 17 November 2009 be approved. ^1-4

To consider the following recommendations for approval from the Standards Committee

As Vice Chair of the Standards Committee Cllr Horton moved, and Cllr Hudson seconded, the recommendation contained in Minute 30 of the meeting of that Committee held on 20 November 2009, in relation to the Member Training and Development Policy.

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

RESOLVED: That the recommendation of the Standards Committee be approved and the Member Training and Development Policy be adopted, subject to the amendments requested by the Committee. ¹

To consider the following recommendations for approval from the Gambling & Licensing Acts Committee

As Chair of the Gambling & Licensing Acts Committee, Cllr Merrett moved the recommendation contained in Minute 25 of the meeting of that Committee held on 20 November 2009, concerning the Triennial Review of the Statement of Policy.

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

RESOLVED: That the recommendation of the Gambling & Licensing Acts Committee be approved and the Statement of Gambling Policy be adopted, subject to the amendments requested by the Committee. ¹

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

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 15 October 2009.

To receive a written report from the Executive Member for City Strategy, 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 Steve Galloway, the Executive Member for City Strategy.

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

1.         From Cllr Brian Watson:

“Can the Executive Member give assurances that they will be pursuing the retention of the ‘Ice Factor’ on the Eye of York for future years, having regard to the fact that they are conforming with all the solutions for alleviating the concerns of the courts?”

            The Executive Member replied

            The Executive member for Leisure is leading on this issue.

I can confirm though that my understanding is that meetings with the MD of the Ice Factor’s sponsoring company have taken place and alternative sites for this facility are under active consideration. None would in my opinion present insurmountable planning issues although the access requirements for vehicles installing and removing the equipment are a constraint.

It seems unlikely at the present time that the Crown Court will withdraw their opposition to the continued use of the Eye of York for the Ice Rink.”

In response to a supplementary question from Cllr Watson the Executive Member indicated that, although personally he would like to see the Ice Factor return to the Eye of York, accepting an alternative venue would provide greater certainty and was preferably to incurring the risk of legal proceedings.

2.         From Cllr Looker:

“Can the Executive Member explain to Council what he is doing to bring the City Strategy overspend back within the budget for 2009/10?”

            The Executive Member replied

The overspend reported to Executive at 17^th November totalled £239k excluding Property Services.

There were a number of reasons for the potential overspend. The main factors relate to income shortfalls from Planning £500k, Building Control £125k, Car Parking £133k, Section 38 income £40k, Newgate Market £40k and Yorwaste Dividend £130k. These primarily relate to the impact on income budgets as a result of the economic downturn. This has been partially offset by assumed additional income from Housing and Planning delivery Grant (£440k) although it should be noted that this is still to be confirmed. Total net income shortfalls were therefore £528k.

The other key expenditure pressure during the year relates to concessionary fares. There is a forecast overspend of £420k due to continued growth in the number of trips made by bus pass holders. This overspend has partially been mitigated by the introduction of a reduced reimbursement rate offered to bus companies which should reduce this particular overspend in year to £216k.

Total combined budget pressures for the year are therefore £744k

Already significant management action has been undertaken to mitigate this overspend. Strict vacancy management has resulted in staffing underspends projected to total £369k by year end.

There has also been a review of projects where expenditure has slipped or been controlled. This includes the Local Development Framework, speed camera trial and road safety projects. This is resulting in projected savings  ...  view the full minutes text for item 65.

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:-

• North Yorkshire Fire & Rescue – meeting on 09/09/09
• Quality Bus Partnership – meeting on 10/09/09
• Safer York Partnership – meetings on 11/08/09 and 13/10/09
• Without Walls Partnership – meeting on 23/11/09
• Yorkshire & Humber Assembly – meetings on 18/03/09 and 23/03/09
• York NHS Foundation Trust – meetings on 01/07/09 and 02/09/09
• Economic Development Partnership Board – meeting on 09/03/09
• Local Government North Yorkshire & York – meeting on 29/06/09
• Local Government Yorkshire & Humber – meetings on 26/06/09 and 10/09/09

The web address is:-

http://sql003.york.gov.uk/mgListOutsideBodies.asp?bcr=1

Copies of the minutes may also be obtained by contacting Democratic Services 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 09/09/09
• Quality Bus Partnership – meeting on 10/09/09
• Safer York Partnership – meetings on 11/08/09 and 13/10/09
• Without Walls Partnership – meeting on 23/11/09
• Yorkshire & Humber Assembly – meetings on 18/03/09 and 23/03/09
• York NHS Foundation Trust – meetings on 01/07/09 and 02/09/09
• Economic Development Partnership Board – meeting on 09/03/09
• Local Government North Yorkshire & York – meeting on 29/06/09
• Local Government Yorkshire & Humber – meeting ons 26/06/09 and 10/09/09

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

To consider a report of the Interim Head of Civic Democratic and Legal Services, which proposes the establishment of an Advisory Group to oversee the ongoing development and use of the Mansion House and promote the profile of the Lord Mayor and Civic Party.

Cllr Waller moved, and Cllr Runciman seconded, the following recommendation contained in a report of the Head of Civic, Democratic and Legal Services concerning the establishment of a Mansion House and Mayoralty Advisory Group:

“That a Mansion House and Mayoralty Advisory Group be established, based on the composition set out in the report, and that the draft terms of reference for that Group set out in Annex A be approved.”

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

Delete all after ‘and’ in the second line and insert:

‘with the following revised terms of reference:

This Advisory Group will be established on a task and finish basis, reporting and making recommendations to the Executive.

It will have the delegated authority to co-opt such external or other representation as may be appropriate to enhance its ability to fulfill the following terms of reference

• to produce a long term Development Plan for the Mansion House, identifying how to improve income generation and sponsorship opportunities, and to better fund its on-going maintenance.
• to review the remit and functions of the Lord Mayor and Civic Party in York for the 21st century and how they can best enhance the City's standing and reputation, and bring additional benefit to the City and its residents, businesses and other organisations.
• to review the current operation and use of the Mansion House/Guildhall and its repair and maintenance.’”

Cllr Waller agreed to accept the amendment.

The motion, as amended now read as follows:

“Thata Mansion House and Mayoralty Advisory Group be established, based on the composition set out in the report, and with the following revised terms of reference:

This Advisory Group will be established on a task and finish basis, reporting and making recommendations to the Executive.

It will have the delegated authority to co-opt such external or other representation as may be appropriate to enhance its ability to fulfill the following terms of reference

• to produce a long term Development Plan for the Mansion House, identifying how to improve income generation and sponsorship opportunities, and to better fund it's on-going maintenance.
• to review the remit and functions of the Lord Mayor and Civic Party in York for the 21st century and how they can best enhance the City's standing and reputation, and bring additional benefit to the City and its residents, businesses and other organisations.
• to review the current operation and use of the Mansion House/Guildhall and its repair and maintenance.”

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

RESOLVED: That the motion be approved and the Mansion House Advisory Group, with the revised terms of reference, be established.¹

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

The Lord Mayor announced that a separate vote would first be taken on the proposal to increase the number of substitute members of the Scrutiny Management Committee (SMC) to 5 for the Liberal Democrat Group, 5 for the Labour Group and 3 for the Conservative Group.  This proposal was then put to the vote and was declared CARRIED.

The Labour Group confirmed that they did not wish to nominate any additional substitute Members to the SMC.

The nominations and changes to membership set out on the revised list circulated around the Chamber were then put to the vote and declared CARRIED and it was

RESOLVED: (i)         That the number of substitute members of the Scrutiny Management Committee be increased as proposed. ¹

(ii) That the appointments to Committees, Outside Bodies and Working Groups set out on the list circulated around the Council Chamber be approved. ¹

                        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 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 Waller

“As councils across the country prepare for public spending cuts over the next few years, Council regrets that York is yet again being put at a disadvantage by unfair government funding formulas.

Council notes that

·        Despite the welcome announcement of extra funding for concessionary fares, the funding does not cover the £1.1m paid by local Council Tax payers to fund the service over the last six years.

·        Having paid over £15m in landfill taxes over the past 13 years, York has only received £2.5m in grants to help improve recycling.

·        York is still not getting a fair deal in its core funding from Government. This year York will receive £1.155m less than should have been allocated by the formula.

Council looks forward to a time when York receives a fair deal on funding from the government and instructs the Chief Executive to write to the Secretary of State expressing the Council’s concerns.”

(ii)        From Cllr Scott

“Council notes that the Executive failed to change its decisions following the meeting of the Scrutiny Management Committee on the 26^th October 2009.

Council further notes that, contrary to the decision of this Council, the Executive on the 17^th November failed to follow an agreed motion to progress to a Quality Contract Scheme for bus operators in the City.

Council therefore resolves that the Executive reconsider those matters and recommends that the Executive change their decision to:

a)                 Set SMART objectives for assessing the effectiveness of tracting and promoting Green Jobs to the City.

b)                 Start the process for delivering a city centre pool by:

·        creating a leisure reserve from directorate under-spends and section 106 agreements

·        commissioning a report to identify city centre sites within the city centre for a community pool, with particular reference to Huntgate, and provide provisional designs.

·        Identifying the amount needed from reserves to enable such a report to be produced.

c)                 Progress with preparatory work for implementing a Quality Contract scheme within York, with a review to be conducted after the publication of the Department of Transport Guidance.

For the avoidance of doubt the following Councillors request the reconsideration of these decisions:

Cllr J Alexander

Cllr D Bowgett

Cllr B Boyce

Cllr R Cregan

Cllr S Crisp

Cllr H Douglas

Cllr S Fraser

Cllr T Funnell

Cllr J Gunnell

Cllr D Horton

Cllr K King

Cllr J Looker

Cllr D Merrett

Cllr R Pierce

Cllr R Potter

Cllr D Scott

Cllr T Simpson-Laing

Cllr B Watson”

(iii)       From Cllr Wiseman

“This Council notes with concern reports that the Ministry of Defence is examining closing RAF Linton-on-Ouse.  The effects of the closure of RAF Linton on the City of York would be significant, with the loss of 700 jobs and the loss of an  ...  view the full agenda text for item 68.

(i)            Government funding

            It was moved by Cllr Waller and seconded by Cllr Moore that:

“As councils across the country prepare for public spending cuts over the next few years, Council regrets that York is yet again being put at a disadvantage by unfair government funding formulas.

Council notes that

·        Despite the welcome announcement of extra funding for concessionary fares, the funding does not cover the £1.1m paid by local Council Tax payers to fund the service over the last six years.

·        Having paid over £15m in landfill taxes over the past 13 years, York has only received £2.5m in grants to help improve recycling.

·        York is still not getting a fair deal in its core funding from Government. This year York will receive £1.155m less than should have been allocated by the formula.

Council looks forward to a time when York receives a fair deal on funding from the government and instructs the Chief Executive to write to the Secretary of State expressing the Council’s concerns.”

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)            Executive Decisions

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

“Council notes that the Executive failed to change its decisions following the meeting of the Scrutiny Management Committee on the 26^th October 2009.

Council further notes that, contrary to the decision of this Council, the Executive on the 17^th November failed to follow an agreed motion to progress to a Quality Contract Scheme for bus operators in the City.

Council therefore resolves that the Executive reconsider those matters and recommends that the Executive change their decision to:

a)                 Set SMART objectives for assessing the effectiveness of attracting and promoting Green Jobs to the City.

b)                 Start the process for delivering a city centre pool by:

·        creating a leisure reserve from directorate under-spends and section 106 agreements

·        commissioning a report to identify city centre sites within the city centre for a community pool, with particular reference to Hungate, and provide provisional designs.

·        Identifying the amount needed from reserves to enable such a report to be produced.

c)                 Progress with preparatory work for implementing a Quality Contract scheme within York, with a review to be conducted after the publication of the Department of Transport Guidance.

For the avoidance of doubt the following Councillors request the reconsideration of these decisions:

Cllr J Alexander

Cllr D Bowgett

Cllr B Boyce

Cllr R Cregan

Cllr S Crisp

Cllr H Douglas

Cllr S Fraser

Cllr T Funnell

Cllr J Gunnell

Cllr D Horton

Cllr K King

Cllr J Looker

Cllr D Merrett

Cllr R Pierce

Cllr R Potter

Cllr D Scott

Cllr T Simpson-Laing

Cllr B Watson”

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

            RESOLVED:            That the above notice of motion not be approved.

(iii)       RAF Linton-on-Ouse

A notice of motion had been submitted by Cllr Wiseman in the following terms:  ...  view the full minutes text for item 68.

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 Alexander:

“Can the Executive Leader please tell Council how many meetings he has had with the Council's Information Management and E-Government Champion to specifically discuss Information Management and E-Government since being in the position?”

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

“Can the Executive Member brief the Council on the progress made on identifying the availability of sites and the availability of funding for the community stadium and whether these activities are meeting the timeline?”

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

“Could the Executive Member set forth the requirements for when Highways officers are required to attend planning meetings in order to address members’ queries regarding their response, or lack of written response, to planning applications?”

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

“Can you tell us why Lendal Bridge is no longer lit up at night?”

(v)        To the Executive Member for Corporate Services, from Cllr Healey:

“When does the Executive Member expect the adult social care provision part of More4York to come before the Executive?”

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

“Can the Executive Member for Corporate Services tell Council how many meetings he has had with the Council's Efficiency, Procurement and Risk Management Champion to specifically discuss Efficiency, Procurement and Risk Management since being in the position?”

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

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

(viii)     To the Executive Member for Housing & Adult Social Services, from Cllr Alexander:

“Would the Executive Member for Housing and Adult Social Services explain whether the Council offers those who receive a 'meals on wheels' service to opt for a frozen meal alternative, and if so does the Council provide microwaves free of charge to these individuals?”

(ix)       To the Executive Member for Housing & Adult Social Services, from Cllr Simpson-Laing:

“Will the Executive Member for HASS work with me to increase signing up to the Organ Donor Register by ensuring that all Council buildings, both public and private, display information on how to join the Register and that this information is also included for the next 12 months in all Council internal and external publications to help aid the rise in those signed to the register in the City?”

(x)        To the Executive Member for Learning, Culture & Children’s Services, from Cllr Healey:

"Would the Executive Member outline the contingency arrangements for SEN children who move into the authority's catchment area during the school year?"

(xi)       To the Executive Member for Neighbourhood Services, from Cllr Alexander:

“Can the Executive Member for Neighbourhood Services report to Council how many times police officers have been ‘rented’ under the Police Act 1996 to further  ...  view the full agenda text for item 69.

Twelve questions had been submitted to the Executive Leader and Executive Members under Standing Order 11.3(a).  As the guillotine had now fallen, Members agreed to receive written responses to these questions.  The questions and the written responses are set out below:

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

“Can the Executive Leader please tell Council how many meetings he has had with the Council's Information Management and E-Government Champion to specifically discuss Information Management and E-Government since being in the position?”

Reply

“It will come as no surprise to say that I see Cllr Ayre frequently and have had a number of meetings throughout the time that Cllr Ayre has been the Council’s Information Management and E-Government Champion to discuss issues relating to the council’s electronic communication, data security, and implications of government legislation. Many of these discussions have been as part of other meetings that I have had with him, and I therefore I am not in a position to state how many were specifically to discuss Information Management and E-Government, and how many were the efficient use of time at other scheduled meeting times.”

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

“Can the Executive Member brief the Council on the progress made on identifying the availability of sites and the availability of funding for the community stadium and whether these activities are meeting the timeline?”

Reply

“The feasibility work commissioned by the Executive of June 23rd 2009 is under way.  As part of this feasibility study officers are undertaking site selection, needs and financial analysis to identify preferred site(s) and options for the community stadium project. 

Advisors have been engaged for the project who are providing the advice on financial and planning issues.

·        Investigated developments being pursued elsewhere in the country.

·        Detailed community needs analysis completed.

·        Collated all the potential sites which has been extensive.

·        Extensive discussions with landowners and potential partners.

·        Development of outline business cases on more optimistic sites.

·        Internal discussions on planning and transport issues for several potential sites.

Given the timescales involved we would expect to bring an report to the Executive in the spring with an earlier update report being submitted to an Executive decision session.”

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

“Could the Executive Member set forth the requirements for when Highways officers are required to attend planning meetings in order to address members’ queries regarding their response, or lack of written response, to planning applications?”

Reply

“The service template (protocol) governing attendance at Planning meetings was agreed 3 years ago. Committee chairs were involved in drawing up the agreement. It followed a reduction in staffing in the transport section. It was felt at that attendance would only be routinely provided for major applications that have city wide implications.

Officers have been following this procedure for the past 3 years. The transport team responds to all planning consultations in writing. This advice is made available to the Committee. Verbal discussions also  ...  view the full minutes text for item 69.