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 prejudicial interests were declared:

The following personal interests were declared:

To approve and sign the minutes of the Ordinary Council meeting held on 4 February 2010 and the Budget Council meeting held on 25 February 2010.

RESOLVED: That the minutes of the Ordinary Council meeting held on 4 February 2010 and the minutes of the Budget Council meeting held on 25 February 2010 be approved and signed by the Chair as a correct record, subject to Minute 76 of the 4 February being amended to record that Cllr Brooks, and not Cllr B Watson, seconded the recommendations of the Audit & Governance Committee.

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

The Lord Mayor invited Members to stand for a minute’s silence in memory of the former Lord Mayor and Hon Alderman Jack Archer and the former Lord Mayor John Boardman, both of whom had recently died. 

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, 7 April 2010.

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

Gayle Johnson, as Chair of St Nicholas Fields, invited all Members to attend the 10^th anniversary celebrations of this organisation, to be held at the environment centre on Saturday, 8^th May.  She outlined the history of St Nicholas Fields, its partnerships with other bodies in the City and the support it had received from the Council.

Mr Proctor, as Chair of Holtby Parish Council, spoke in support of the petition to be presented by Cllr Brooks regarding kerbing on Holtby Main Street.  He explained that kerbing in this area would held prevent water run-off and erosion to verges and was essential for maintenance of the highway.

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 Gillies, on behalf of local residents calling on the Council to adopt the footpath between Brackenhills and The Green Upper Poppleton.

(ii)               Cllr Simpson-Laing, on behalf of local residents calling for the introduction of a 20 mph zone in Almsford Drive.

(iii)             Cllr Simpson-Laing, on behalf of Carr Junior School requesting the installation of dog dirt bins.

Under Standing Order 7, petitions were presented by:

(i)                 Cllr Gillies, on behalf of local residents calling on the Council to adopt the footpath between Brackenhills and The Green, Upper Poppleton.¹

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

(iii)             Cllr Simpson-Laing, on behalf of Carr Junior School, requesting the installation of dog dirt bins. ³

(iv)              Cllr Brooks, on behalf of local residents, requesting kerbing on Main Street in Holtby village. ⁴

To receive and consider a written report from the Leader on the work of the Executive.  There are no recommendations from the Executive to be considered at this meeting.

A written report was received from the Executive Leader, Cllr Waller, on the work of the Executive. 

In reply to questions asked by Opposition Group Leaders in their responses to the report, the Executive Leader indicated that:

• Demolition of the former Peaseholme Centre on the Hungate site had been carried out because the building was not fit for purpose and so that work could be carried out to make the site ready for future use.
• Options for the University pool would be coming forward in the summer.
• Work on the Community Stadium was progressing in line with the agreed timetable.
• He had already been involved in talks about re-introducing the Mystery Plays to Musuem Gardens.

All Group Leaders paid tribute to Cllr Galvin, the Lord Mayor, who was chairing the last Council meeting of his term of office, and to Alison Lowton, the Interim Head of Ciivic, Democratic and Legal Services, who would be leaving the Council on 14 April.

To consider an urgent motion, to be submitted on behalf of all parties, in relation to the closure of Jarvis.

The Lord Mayor announced that he intended to deal at this point with an urgent, all party motion of which notice had been given and the wording circulated around the Chamber.

Cllr Waller then moved, and Cllr Scott seconded that:

“Council is concerned at the situation that has resulted in Jarvis employees in the City being made redundant by the administration of Jarvis.

Council regrets that a rescue package has not yet been found to enable the company to continue operating from the City with the potential loss of expertise and associated Headquarters jobs.

Council notes that infrastructure work on the railway network will need to be undertaken in the long term, providing opportunity for employment by remaining infrastructure companies.

Council calls upon the Government and Network Rail to continue to deliver the current volume of renewals it has contracted with Jarvis to the current timetable, either by Jarvis whilst in administration or by another contractor; and, if Jarvis cannot be saved as a company, ensure they transfer to similar rail jobs, to ensure that employees continue to be employed.¹

In the interim period, Council requests the Government to take steps to ensure that former Jarvis employees receive assistance supported by government agencies, Yorkshire Forward and Department of Works and Pensions. ²

Council requests that the Chief Executive ensures that City of York Council provides the support through Future Prospects and other actions to retain Jarvis jobs in the City.” ³

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

RESOLVED: That the above urgent motion be approved. ^1-3

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 4 February 2010.

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 8.2.1.

A written report was received from Cllr Nigel Ayre, the Executive Member for Leisure, Culture & Social Inclusion.

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 Taylor:

“The procurement of a new operator for the Barbican Auditorium remains a high priority for the residents of Fishergate and the city generally.  How will the Executive Member ensure that the chosen bidder is one which will provide a quality entertainment programme for citizens and visitors, and not merely turn the facility into a conference centre which would provide nothing for the people of York?"

            The Executive Member replied:

“The Executive set out the areas in which the bids for the Barbican are to be judged.  Three criteria were drawn up as a result, one of which relates to the programme to be provided in the auditorium.  This states that: ‘Bids will score best on this criterion that meet the Council’s aspiration for an extensive and wide ranging programme of music, comedy, dance and entertainment of a quality likely to draw a sub-regional and regional audience and which provide opportunities for community activities and involvement.’  Bidders are required to provide detailed information about:

·        Established relationships they have with artists, promoters, agents and tour companies and the extent to which this will enable the bidder to book and deliver high quality entertainment events at the venue

·        Any touring programmes that the bidder is currently delivering at other comparable venues in the UK

·        The types of programme that the bidder will be able to bring to the Auditorium, demonstrating how those events will complement, add to or otherwise impact on events currently provided at other entertainment venues in the City

·        The number of customers the bidder would expect to attract to entertainment events in the Auditorium

This marking scheme will ensure that bids offering high quality entertainment have the potential to score best in the assessment process.

In response to a supplementary question from Cllr Taylor concerning the weighting given to these criteria, the Executive Member replied that this had been reported to Scrutiny and the Executive and that he was happy with the eventual decision on weighting.

(ii)        From Cllr Crisp:

“The Executive Member speaks in glowing terms about the patronage at Energise since it opened last year.  Can he say how long other parts of the city will be forced to continue with a lack of recommended swimming lanes?”

            The Executive Member replied:

“The investment in Yearsley and Energise has secured the future of significant lane provision in the City.  The Active York facilities study showed a requirement in York for an additional 12 lanes of swimming provision.  Our commitment to a pool on the East of the City aims to secure a further 12 lanes for the next 50 years.  This would result in more lane provision than York had in 2003.  This pool will be York’s first ever competition  ...  view the full minutes text for item 99.

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 North Yorkshire & York – meeting on 5/10/09
• Economic Development Partnership Board – meeting on 19/10/09
• York & North Yorkshire Waste Management Partnership – meeting on 3/12/09

• North Yorkshire Fire & Rescue – meetings on 9/12/09 and 10/2/10

• Safer York Partnership – meeting on 1/2/10
• NHS Foundation Trust – meeting on 16/12/09

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

• Local Government North Yorkshire & York – meeting on 5/10/09
• Economic Development Partnership Board – meeting on 19/10/09
• York & North Yorkshire Waste Management Partnership – meeting on 3/12/09
• North Yorkshire Fire & Rescue – meetings on 9/12/09 and 10/2/10
• Safer York Partnership – meeting on 1/2/10
• NHS Foundation Trust – meeting on 16/12/09

No 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.

RESOLVED: That the appointments to and changes to membership of Committees, Outside Bodies and Working Groups set out on the list circulated around the Council Chamber (and attached as an annex to these minutes) be approved.

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 Order 12.1(b)

(i)                 From Cllr Waller

“Council notes the concern of local businesses about the recent revaluation of business rates and the confusion that the complex system has caused at a time when businesses are still struggling with the effects of the recession.

Council believes that short term measures can be taken to help local businesses take advantage of an economic recovery, including making Small Business Rate Relief automatic and rebalancing the burden on small independent shops.

In the long term Council believes that fundamental reform of business rates is necessary to introduce a fairer system where rates are based on site values rather than rental values, encouraging businesses to invest in their premises rather than penalising them.

Council also believes that allowing Council to retain a proportion of the business rates collected in the area would help to promote local initiatives which would stimulate the local economy.

Council therefore asks the Chief Executive to write to the Business Secretary and Shadow Business Secretaries expressing the concerns of Council and calling for reform of business rates to be a priority for the incoming Government.”

(ii)        From Cllr Scott

“Council welcomes the imminent opening of the City’s ninth Children’s Centre at Knavesmire Primary School.

Council recognises the positive impact that Children’s Centres have made on the lives of children and families in the City of York since 2006.

Council is appalled that David Cameron’s Conservative Party has publicly stated that it would cut £200m, a 19.5% cut in funding forcing one in five Children’s Centres to close.  It is also proposed to restrict the Department for Children, Schools and Families budget to a 1% increase for 2010/11, representing a £300m cut in real terms. 

The proposed cut would translate to the closure of 569 centres nationally and 2 in York.

Council requests the Chief Executive to write to:

1)                 David Cameron MP, expressing its total opposition to the proposals outlined in Conservative Party Policy, highlighting the damage to York communities and families.

2)                 Candidates of the main political parties for York Central and York Outer, asking them to oppose any proposed cuts and asking for their support for the continued funding to enable all Children’s Centres to remain open and offer the same range of facilities and service as currently provided.”

(iii)       From Cllr Watt

“This Council pledges that it will not pursue congestion charging in York for the duration of the current administration.”

(iv)       From Cllr Potter

            “Council welcomes:

·        The presence of Police Community Support Officers (PCSOs) on York’s streets since they were introduced as a result of the Police Reform Act 2002;

·        The continual improvement in reducing crime in York and North Yorkshire as a result of the national Neighbourhood Policing strategy, of which PCSOs are a key part;

·        The role  ...  view the full agenda text for item 102.

*(i)            Business Rates

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

“Council notes the concern of local businesses about the recent revaluation of business rates and the confusion that the complex system has caused at a time when businesses are still struggling with the effects of the recession.

Council believes that short term measures can be taken to help local businesses take advantage of an economic recovery, including making Small Business Rate Relief automatic and rebalancing the burden on small independent shops.

In the long term Council believes that fundamental reform of business rates is necessary to introduce a fairer system where rates are based on site values rather than rental values, encouraging businesses to invest in their premises rather than penalising them.

Council also believes that allowing Council to retain a proportion of the business rates collected in the area would help to promote local initiatives which would stimulate the local economy.

Council therefore asks the Chief Executive to write to the Business Secretary and Shadow Business Secretaries expressing the concerns of Council and calling for reform of business rates to be a priority for the incoming Government.”

Prior to the debate on the above motion, Cllr Scott moved, and Cllr Pierce seconded, that the motion be referred to the Executive under Standing Order 12.(b) for consideration of an Officer report, on the grounds that this was a technical issue requiring specialist advice. On being put to the vote, this proposal was declared LOST.

Cllr Scott then moved, and Cllr Simpson-Laing seconded, that Standing Order 15.3.1 be suspended to enable an amendment to be moved from the floor.  On being put to the vote, this proposal was declared CARRIED.

Cllr Scott then moved, and Cllr Gillies seconded, the following amendment to the motion:

“In paragraph 3, delete all after the words ‘fairer system’.

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

The motion, as amended, now read as follows:

“Council notes the concern of local businesses about the recent revaluation of business rates and the confusion that the complex system has caused at a time when businesses are still struggling with the effects of the recession.

Council believes that short term measures can be taken to help local businesses take advantage of an economic recovery, including making Small Business Rate Relief automatic and rebalancing the burden on small independent shops.

In the long term Council believes that fundamental reform of business rates is necessary to introduce a fairer system.

Council also believes that allowing Council to retain a proportion of the business rates collected in the area would help to promote local initiatives which would stimulate the local economy.

Council therefore asks the Chief Executive to write to the Business Secretary and Shadow Business Secretaries expressing the concerns of Council and calling for reform of business rates to be a priority for the incoming Government.” ¹

The motion, as amended, was then put to the vote and declared CARRIED and it was  ...  view the full minutes text for item 102.

To consider a report of the Head of Legal, Civic and Democratic Services which details proposed re-alignments of Officer delegations arising from the recent re-organisation of the Council’s services into four Directorates and sets out a number of minor changes to Council Standing Orders, to reflect more appropriately the way in which Council meetings are actually run.

Prior to this item being called, Cllr Scott sought the Lord Mayor’s ruling on a procedural point.  He contended that the item should not have been included on the Council agenda and should instead have been referred to the Audit & Governance Committee, under Article 16 of the Council’s Constitution.  The Lord Mayor ruled that the item had been properly included on the agenda, as there was no bar to its inclusion under Standing Orders.  He indicated that his ruling on the matter was final, in accordance with Standing Order 22.

Cllr Waller then moved, and Cllr Runciman seconded, the recommendations contained in the report of the Interim Head of Legal, Civic and Democratic at pages 71-98 of the Council papers, concerning changes to Officer delegations arising from the recent re-organisation of the Council’s Directorates and minor changes to Standing Orders.

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

RESOLVED:That the recommendations contained in the report of the Interim Head of Legal, Civic and Democratic Services be approved. ¹

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 City Strategy, from Cllr Simpson-Laing:

“Will the Executive Member detail the start date and the works to be undertaken to the dangerous No. 4 Station bus stop and cycle lane?”

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

            “Does the Executive Member have any indication whether the £22.9 million provisionally agreed by the Government to be put towards York’s Park & Ride schemes will be secured before the General Election?”

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

            “Would the Executive Member indicate the cost, including staff time, of developing the area action plan for York Northwest to date, and the separate costs of preparing the preceding development briefs for the York Central site?”

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

            “Can the Executive Member tell Council when it can expect the Water End Review report to be published?”

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

            “Can the Executive Member give an update on the progress made in achieving funding for the new Park & Ride sites in the City?”

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

            “Can the Executive Member inform Council of how many families, adults with one or more children under 8 years old, are living in one bedroom accommodation in the City’s boundaries as of the 1^st March 2010?”

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

            “Can the Executive Member inform Council of how many families, adults with one or more children under 4 years old, are living in first and second floor accommodation in the City’s boundaries as of the 1^st March 2010?”

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

            “Has the Executive Member concluded any agreement with the PCT to replace the Respite Care that will be removed by your party’s budget for 2010/11?”

(ix)       To the Executive Member for Housing & Adult Social Services, from Cllr Sue Galloway:

            “Can the Executive Member give a summary of the outcomes of the recent Annual Housing Satisfaction Survey?”

(x)        To the Executive Member for Corporate Services, from Cllr Watt:

            “Can the Executive Member tell Council what the average business rate rise will be for businesses in York for the period 1 April to 31 March 2011?”

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

            “Do the auditors have a view on City of York Council’s medium-term financial strategy?”

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

            “Has the Executive Member or any Officers received, either formally or informally, any guidance from HM Government regarding future grant settlements?”

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

            “Can the Executive Member give Council the benefit of his opinion as to  ...  view the full agenda text for item 104.

Twenty-two 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 City Strategy, from Cllr Simpson-Laing:

“Will the Executive Member detail the start date and the works to be undertaken to the dangerous No. 4 Station bus stop and cycle lane?”

The Executive Member replied:

“Following the Executive decision on 30^th March 2010, officers will be contacting East Coast and Network Rail in the near future to set up a meeting to explore the short term options for improvement.

Until these issues have been fully considered it would be wrong to specify a date, but I expect that we should be making some improvements during the summer.”

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

“Does the Executive Member have any indication whether the £22.9 million provisionally agreed by the Government to be put towards York’s Park & Ride schemes will be secured before the General Election?”

The Executive Member replied:

“The Park & Ride sites, included in the Access York Phase 1 scheme, were awarded Programme Entry on Monday 22 March 2010.

The sum of £22.9 million is therefore available from the Government (Department for Transport) subject to satisfying the anticipated requirements, including the achievement of Final Approval once the construction tender prices are known.”

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

“Would the Executive Member indicate the cost, including staff time, of developing the area action plan for York Northwest to date, and the separate costs of preparing the preceding development briefs for the York Central site?”

The Executive Member replied:

“Cllr Merrett will be aware that we do not have a staff time allocation system which allows us to identify precisely how administrative time has been divided between the many different – often concurrent – tasks that are involved in building a Local Development Framework.  Any staff time related figures are, therefore, estimates.

Between 2002/3 and 2004/5 there were direct costs of £28,656 (consultants and consultation) and staff costs of about £62,300 for work on the York Central Planning Brief.

In 2005/6 there were direct costs of £50,653 (transport work and stadium study) and staff costs of about £21,900 on the York Central Planning Framework.

Between 2006/7 and 2009/10 there were direct costs off £222,674 (consultants work on transport, open space, ecology, landscape and also on consultation) and staff costs of about £235,700 on the Area Action Plan.

All of the work on the Area Action Plan will feed into the approach we are now taking for York Central through the Core Strategy and Supplementary Planning Documents for each site. The work is needed to underpin this new approach and if we hadn’t done this work we would need to do it now.

The costs associated with an Area Action Plan are greater than the Planning Brief – much of this is due to the changed nature of the planning system.  We now have to have  ...  view the full minutes text for item 104.