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 Fraser – a personal interest 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 Gunnell – a personal interest in the report of the Executive Member for Housing and Adult Social Services as the report refers to York Council for Voluntary Service (CVS) where she works.

·        Cllr Scott – a personal interest in staffing matters generally as a solicitor specialising in employment law, as a member of the Acts Section of Unite and as his wife is an employee of the City of York Council.

·        Cllr Simpson-Laing – a personal interest as a member of Unison, City Branch.

·        Cllr Alexander – a personal interest in staffing matters generally as a member of the GMB.

·        Cllr D’Agorne – a personal interest in Councillor Horton’s Notice of Motion regarding the Beckfield Lane cycling scheme as the Council’s Cycling Champion and a supporter of the York Cycle Campaign.

·        Cllr Merrett – a personal interest in Councillor Horton’s Notice of Motion regarding Beckfield Lane Cycling Scheme as a member of CTC (Cyclists’ Touring Club), a member of the Cycling England Board and a supporter of York Cycle Campaign.

To approve and sign the minutes of the Special and Ordinary meetings of Council held on 3 December 2009.

RESOLVED: That the minutes of the Special and Ordinary meetings of Council held on 3 December 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, and in particular the nomination of the Lord Mayor Elect and the Sheriff of York for the Municipal Year 2010/11.

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

• 2 framed pictures of Munster received from the Oberburgermeister of Munster
• A cup received on 2 June 2009 from an official of the Thai Department of Land Transportation.
• “York Historian”, a set of books presented by the Yorkshire Architectural and York archaeological Society

He also announced the forthcoming visit of the German Ambassador which would be marked by a civic reception on 22 March 2010.

The Lord Mayor then invited Cllr Waller to nominate the Lord Mayor Elect for the Municipal Year 2010/11.  Cllr Waller nominated, and Cllr Runciman seconded, Cllr Sue Galloway as the Lord Mayor Elect and this nomination was unanimously agreed.  Cllr Galloway replied that she would be honoured to accept this office and nominated Cllr Richard Watson as Sheriff for the 2010/11 Municipal Year.¹

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, 3 February 2010.

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

Michael Hughes spoke in support of the petition to be presented by Cllr Simpson-Laing seeking the introduction of a 20mph zone in Sovereign Park. He stated that, in little over a month, the Residents Association had obtained signatures from residents of 223 out of 257 properties. He explained that vehicles often enter the estate at speeds over 30mph which combined with blind junctions put people at risk, especially where pedestrians including the young and elderly have to use the road where there are no pavements. 

Dee Bush spoke in relation to the notice of motion submitted by Cllr Horton in respect of cycle improvements on Beckfield Lane. She voiced the opinion that the scheme was a waste of public money as it was not wanted nor needed. She raised concerns that an Equalities Impact Assessment had not been carried out and that a shared pavement would put elderly residents in danger. She advised that training was available to people to teach them how to cycle safely on the road therefore there was no need for shared pavement schemes.

Teresa Callan spoke in relation to the notice of motion submitted by Cllr Horton in respect of cycle improvements on Beckfield Lane. She stated that shared footpaths were problematic for most, but especially the elderly, very young and disabled and in particular the blind or partially sighted. She stressed that those with sight problems find it hard to navigate under normal circumstances and by allowing bicycles to use footpaths and the increased risks they pose, many people would find it too hard and frightening to go out and would stay at home leading to problems of isolation. She stated that these issues had been recognised in guidance which recommended that combined pedestrian/cycle schemes should only be used where there are serious road safety issues which she said was not the case on Beckfield Lane.

Peter Scott spoke on behalf of York Older People’s Assembly in relation to the notice of motion submitted by Cllr Horton in respect of cycle improvements on Beckfield Lane. He stated that Beckfield Lane was not wide enough to accommodate all the paths needed and advised that cyclists should share the road with vehicles rather than the pavements with pedestrians. He explained that cyclists would find it difficult to anticipate pedestrian movements as pedestrians do not follow a direct course and may stop or change direction without warning. Furthermore elderly people may not hear cyclists approaching from behind. He asked the Council to abandon the scheme.

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 in Sovereign Park.

(ii)        Cllr Alexander, on behalf of residents supporting the ‘Fair Fare’ Campaign.

(iii)       Cllr Moore, on behalf of the residents of Garburn Grove, calling for the implementation of restrictions to address the problem of the school run.

Under Standing Order7, petitions were presented by:

(i)                 Cllr Simpson-Laing, on behalf of residents calling for the introduction of a 20 mph zone in Sovereign Park.¹

(ii)               Cllr Alexander, on behalf of residents supporting the ‘Fair Fare’ campaign.²

(iii)             Cllr Moore, on behalf of residents of Garburn Grove, calling for the implementation of restrictions to address the problem of the school run.³

RESOLVED:

That the above petitions be referred to the Executive of appropriate Committee ^1-3

To receive and consider a written report from the Leader on the work of the Executive, andthe Executive recommendations for approval, as setout 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 voiced his pleasure at the decision on the planning application for the Terry’s site and expressed his thanks to Members of the Planning Committee, the Director  of City Strategy the Assistant Director (Planning and Sustainable Development) and his team for all their hard work. He also expressed thanks to staff who had worked around the clock gritting during the winter weather and all those involved in the Council being awarded Green flag status for work with disabled children.

Opposition Group Leaders having responded to the Leader’s report, Cllr Scott moved, and Cllr Simspon-Laing seconded, a motion to suspend Standing Orders to enable Cllr Merrett also to provide a response.  On being put to the vote, the motion was declared LOST.

In reply to matters raised by the Opposition Group Leaders in their responses, the Leader advised that he would take on board comments made by Members with regard to keeping the new Headquarters development on budget and that he they had had a discussion on the Centre for Cities at the York Economic Partnership meeting. With regard to the Winter Maintenance Manual, he stated that revisions were being made based on information brought forward and advised Members to report any potholes by telephoning Environmental Services. In relation to points raised by Councillor D’Agorne regarding the review of Low Carbon Emission Residents’ Parking schemes, he invited him to provide any information he had on the Edinburgh Scheme.

The Leader then sought leave of Council to alter the recommendation contained in Minute 146 of the Executive meeting held on 19 January 2010, to read as follows

"That Council approve the refreshed Local Area Agreement presented at Annex A to the report, for endorsement by Without Walls on 11 February 2010, prior to submission to central government, subject to the alteration of the local improvement target for 2010/11 currently shown against NI 116 for the proportion of children in poverty (page 43 of Council summons refers) from 7.6% to 8.1%."

Council having consented to the alteration, the Leader then moved, and Cllr Runciman seconded, the recommendation as altered.

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

RESOLVED: That the recommendation, as amended above, of the Executive Meeting held on 19 January 2010, be approved.¹

To consider the following recommendations for approval from the Audit & Governance Committee

As Chair of the Audit & Governance Committee, Cllr Brian Watson moved, and Cllr Brooks seconded, the recommendations contained in Minute 54 of the meeting of that Committee held on 21 December 2009, relating to the review of the Audit & Governance Committee’s Terms of Reference.

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

RESOLVED:             That the recommendation of the Audit & Governance Committee be approved and the amendments to the Audit and Governance Committee’s Terms of Reference be agreed. ¹

To receive a report from Councillor Healey, the Chair of the Scrutiny Management Committee (SMC), on the work of the SMC and to deal with any questions to the Chair received under Standing Order 11.2.

To date, notice has been received of the following questions to the Chair of SMC:

(i)         From Cllr Fraser

“Will the Chair of SMC look into the high-handed and arrogant refusal of the Executive Member for Housing & Adult Social Services to attend the recent meeting of the Health Scrutiny Committee to account for his stewardship of the part of his portfolio relating to Adult Social Services, and specifically to assist in the consideration of his own Executive's reference regarding the disturbing budget overspend in that department ?”

(ii)        From Cllr Fraser

"Will the Chair of SMC ensure that, in future, the Council's Constitution and scrutiny procedure rules (specifically, Pt 4 para 2.1.1 (f)) are fully complied with by all Members of the Council's Executive ?"

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 3 December 2009.

Notice had been received of two questions to the Chair of SMC, submitted in accordance with Standing Orders.  The questions were put and answered as follows:

(i)         From Cllr Fraser

“Will the Chair of SMC look into the high handed and arrogant refusal of the Executive Member for Housing & Adult Social Services to attend the recent meeting of the Health Scrutiny Committee to account for his stewardship of the part of his portfolio relating to Adult Social Services, and specifically to assist in the consideration of his own Executive’s reference regarding the disturbing budget overspend in that department?”

The Chair of SMC replied “Yes”

(ii)        From Cllr Fraser

“Will the Chair of SMC ensure that, in future, the Council’s Constitution and scrutiny procedure rules (specifically, Pt 4G para 2.1.1 (f) are fully complied with by all Members of the Council’s Executive?”

The Chair of SMC replied that before this meeting he had sent an e-mail to Members of the Executive and he hoped that that the relationship between Chair of SMC and the Executive could remain cordial for the benefit of scrutiny in the Council.

In response to a supplementary question from Cllr Fraser, the Chair of SMC advised that he had not been aware of a precedent set by the former Executive Member for Housing and Adult Social Services of non attendance at scrutiny meetings and that after the Heath Overview and Scrutiny meeting on 13^th January 2010, the Head of Democratic Services had met with the Executive Member to conclude outstanding issues. 

To receive a written report from the Executive Member for Housing & Adult Social 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 8.2.1.

A written report was received from Cllr Jonathan Morley, the Executive Member for Housing & Adult Social Services.

Notice had been received of 10 questions on the report, submitted by Members in accordance with Standing Orders.  The questions were put and answered as follows:

1.         From Cllr Simpson-Laing:

“In relation to recent announcements by John Healey MP, Minister for Housing and Planning, will the Executive Member for HASS confirm that CYC sent representation to the ‘Housing Revenue Account' consultation, and will he give support to the proposals, announced last week by the Minister, for more money to improve and maintain existing stock and for Councils to be able to keep all rents and receipts from capital sales?”

            The Executive Member replied:

            I can confirm that the Assistant Director made representations on behalf of CYC to the Housing Revenue Account consultation, the text of which can be found in the minutes to my executive member decision session on the 27^th October 2009. As I moved the motion welcoming the LGA campaign on this issue, I certainly support the proposals for Councils to be able to keep all rents and receipts from capital sales. However, the devil will be in the detail of how much we may have to contribute to support other Council’s housing revenue deficit and until that is clear, I will keep my enthusiasm in check.

In response to a supplementary questions from Cllr Simpson-Laing regarding the reform and the need to identify what was required for York, the Executive Member agreed that, in terms of how to approach a new regime, it was important to have as much information as possible about how it would work and how it would affect the future.

 (ii)       From Cllr Simpson-Laing:

“Regarding the letting of Council houses and rents will the Executive Member for HASS express his views on leaked Conservative Party national policy to bring rent levels up to unaffordable local market prices and to end secure tenancies, instead to give just 2 months notice?”

            The Executive Member replied:

            The proposed policies have not been leaked to me and it would perhaps be unwise to comment on second-hand accounts of leaked information. I am sure there will be enough official Conservative Party national policy to criticize in due course.

            A further supplementary question Cllr Simpson-Laing posed the question of whether the Executive Member, having read the article published  in the Unison magazine, would write to the Conservative candidates for York Central and York Outer expressing concern at this proposed policy,

            (iii)            From Cllr Hyman

Can the Executive Member tell Council what the rate of increase has been in the number of elderly customers accessing care support from their home over the last few years?

            The Executive Member replied:

The number of customers over 65 who have accessed care support in the last four years are as follows:-

2007-08 - 4733

2008-09 – 5150

2009-10 - estimated 5277

            The evidence presented to the health Scrutiny Committee showed the projection of the  number  ...  view the full minutes text for item 78.

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)

• Quality Bus Partnership – meeting on 10/12/09

• Safer York Partnership – meeting on 09/12/09
• Without Walls Partnership – meeting on 09/12/09

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:

• Quality Bus Partnership – meeting on 10 December 2009
• Safer York Partnership – meeting on 9 December 2009
• Without Walls Partnership – meeting on 9 December 2009

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 with the agenda papers 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 Morley

“Council supports the principle of helping more people with care needs to stay in their own homes and the measures in the Personal Care at Home Bill to achieve that aim.

However, Council is concerned that local authorities will be asked to fund a substantial part of the new entitlements included in the bill from their own resources, assuming additional savings, and that the proposed Government funding is inadequate, even if its estimates of the cost of the entitlements are correct.

Council also shares the LGA’s concern that the Government has underestimated the number of people likely to be covered by the provisions of the bill and calls on the Government to commit to fully funding any shortfall in budgets that results should these estimates prove to be incorrect.

Council therefore instructs the Director of Housing and Adult Social Services to respond to the consultation on the proposals, setting out the Council’s concerns about the impact the additional cost will have on social care budgets.”

(ii)        From Cllr Simpson-Laing

“Council calls upon the Chief Executive to instruct Officers to draw up a ‘Lifetime Homes Supplementary Planning Document’ to ensure all York’s future homes are built to the Lifetime Homes Standards from 2011 and that this document is completed by May 2010.”

(iii)       From Cllr D’Agorne

“This Council notes:

1.                 The clear evidence that slower speeds on our roads save lives: government figures indicate 20% of pedestrians hit at 30mph die, while for those hit at 20mph mortality is cut to 3%. A London Assembly report showed a 42% reduction in accident rates in 20mph zones within the capital.

2.                 The successful introduction of a 20mph limit on all residential streets in the City of Portsmouth, (a Liberal Democrat-controlled authority), with initial results indicating a 13% cut in accidents and a 15% cut in casualties.

3.                 The proposed new guidance from the Department for Transport (16/12/09), which encourages highway authorities to adopt a 20mph limit for streets which are primarily residential in nature and for town and city streets where pedestrian and cyclist movements are high.

This Council therefore requests the Executive to:

a)                 Ensure that the 'total 20' approach adopted in Portsmouth forms a key part of the consultation on the third Local Transport Plan for the City of York

b)                 Extend the 'made you look' public road safety education programme to include greater emphasis on casualty reduction benefits of lower speeds in built up and rural areas.

c)                  Report back to full council within 6 months, outlining implementation plans for this programme in the light of public consultation on LTP3.”

(iv)       From Cllr Horton

“This City of York Council, given the anticipated expenditure of £285k of Government - funded monies for alleged cycle improvements to  ...  view the full agenda text for item 81.

(i)                 Personal Care Home Bill

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

“Council supports the principle of helping more people with care needs to stay in their own homes and the measures in the Personal Care at Home Bill to achieve that aim.

However, Council is concerned that local authorities will be asked to fund a substantial part of the new entitlements included in the bill from their own resources, assuming additional savings, and that the proposed Government funding is inadequate, even if its estimates of the cost of the entitlements are correct.

Council also shares the LGA’s concern that the Government has underestimated the number of people likely to be covered by the provisions of the bill and calls on the Government to commit to fully funding any shortfall in budgets that results should these estimates prove to be incorrect.

Council therefore instructs the Director of Housing and Adult Social Services to respond to the consultation on the proposals, setting out the Council’s concerns about the impact the additional cost will have on social care budgets.”

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

RESOLVED:                        That the above notice of motion be approved.

(ii)            Lifetime Homes Standard

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

“Council calls upon the Chief Executive to instruct Officers to draw up a ‘Lifetime Homes Supplementary Planning Document’ to ensure all York’s future homes are built to the Lifetime Homes Standards from 2011 and that this document is completed by May 2010.”

Cllr S F Galloway then moved, and Cllr Reid seconded, an amendment to the above motion as follows:

-         Delete ‘calls upon the Chief Executive to instruct Officers to draw up’ and insert ‘requests the Director of City Strategy to ensure that consideration is given, as part of the LDF build process, to the advantages and any disadvantages of drawing up’.

-         Delete ‘from 2011 and that this document is completed by May 2010’.”

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

The motion, as amended, now read as follows:

“Council ‘requests the Director of City Strategy to ensure that consideration is given, as part of the LDF build process, to the advantages and any disadvantages of drawing up a ‘Lifetime Homes Supplementary Planning Document to ensure all York’s future homes are built to the Lifetime Homes Standards.”

The amended motion was then put to the vote and declared CARRIED, and it was

RESOLVED: That the above notice of motion, as amended, be approved.

(iii)       Road Safety measures

A notice of motion had been submitted by Cllr D’Agorne in the following terms:

“This Council notes:

1.                 The clear evidence that slower speeds on our roads save lives: government figures indicate 20% of pedestrians hit at 30mph die, while for those hit at 20mph mortality is cut to 3%. A London Assembly report showed a 42% reduction in accident rates in 20mph zones within  ...  view the full minutes text for item 81.

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 Leader, from Cllr Alexander:

“Can the Leader of the Council please tell me what the monetary value is of the savings made subsequent to your meetings with the Council’s Efficiency, Procurement and Risk Management Champion?”

(ii)        To the Executive Leader, from Cllr D’Agorne:

“What are the costs to CYC arising from the appointment of 6 'Renaissance team' staff (on costs, accommodation etc) and to whom are they accountable?”

(iii)       To the Executive Leader, from Cllr Vassie:

“Does the Executive Leader agree that openness and transparency could be improved if the Council published details of all Freedom of Information requests and subsequent answers on its website? Would the Executive Leader agree to take a report to the Executive reviewing the costs and processes used in implementing the FOI Act locally together with options for improving the transparency and efficiency of the system?"

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

“Will the Leader of the Council ensure that this council writes to all other authorities in the country and asks them to adopt measures to support the Press’s Lifesavers campaign?”

(v)        To the Executive Leader, from Cllr Merrett:

“Would the Council Leader explain why the requirement of the January 2008 Council decision that ‘bi-monthly update reports - copied to all Council Members - be submitted via the Group Leader / Shadow Executive / Executive process detailing progress made on the delivery of the Action Plan for tackling climate change within the Council’ has not been implemented, and will he now ensure the decision is belatedly implemented?”

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

“What actions (beyond the current 'Fulford Corridor' highway works) might be put in place to address poor air quality in Fulford as a result of the declaration of an Air Quality Management Area?”

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

“What information will you be providing to Fulford Rd/ Main St residents explaining the benefits of declaring their area as an AQMA in order to help them respond to the recent questionnaire in the ward newsletter?”

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

“What is the timetable for citywide consultation on the draft LTP3 and measures that will reduce air pollution to meet the air quality limits for the city centre AQMA?”

(ix)       To the Executive Member for Corporate Services, from Cllr Fraser:

“Can the Executive Member for Corporate Services provide details of the rollout of the planned new fibre-optic ICT infrastructure to all the Council's various buildings, including the priority for the various categories of buildings referred to in the email briefing to councillors sent out by the Head of IT last month?”

(x)        To the Executive Member for Neighbourhood Services, from Cllr Firth:

"Can the Executive Member outline the Council's response to the severe weather situation over the  ...  view the full agenda text for item 82.

Fifteen 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 bellows:

i)          To the Executive Leader, from Cllr Alexander:

“Can the Leader of the Council please tell me what the monetary value is of the savings made subsequent to your meetings with the Council’s Efficiency, Procurement and Risk Management Champion?”

Reply

The council has made significant saving in recent years. Significantly exceeding the Gershon Efficiency Targets as set by Central Government, and has embarked on the More for York Programme. I am grateful for the time that the Efficiency Procurement and Risk Management Champion has put into the role, and he has played his part in supporting the change agenda which has resulted in the significant efficiencies that the council has made.

(ii)        To the Executive Leader, from Cllr D’Agorne:

“What are the costs to CYC arising from the appointment of 6 'Renaissance team' staff (on costs, accommodation etc) and to whom are they accountable?”

Reply

The full costs of the posts – salary, National Insurance, and  pension are being met by Yorkshire Forward who are also contributing to the recruitment and any training costs. As the host authority CYC is covering the accommodation  - but this is from existing budgets and within 9 St Leonards Place.

The Head of Renaissance will report to Mike Slater AD Planning and Sustainable Development in City Strategy.

(iii)       To the Executive Leader, from Cllr Vassie:

“Does the Executive Leader agree that openness and transparency could be improved if the Council published details of all Freedom of Information requests and subsequent answers on its website? Would the Executive Leader agree to take a report to the Executive reviewing the costs and processes used in implementing the FOI Act locally together with options for improving the transparency and efficiency of the system?"

Reply

I agree that openness and transparency would be improved by the council publishing details of Freedom of Information requests and answers on the council website. I have asked officers to draw up a report to investigate how this can happen, and it is my hope that it will not only improve the operation of the Act but also save officer time in answering questions that have already been asked, and show to the public the nature of the questions that the council is answering on their behalf.

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

“Will the Leader of the Council ensure that this council writes to all other authorities in the country and asks them to adopt measures to support the Press’s Lifesavers campaign?”

Reply

I am very supportive of the Press Lifesavers Scheme as it will help to encourage more people to sign up for organ donation which will greatly help those waiting in desperate need. It has been an essential prompt to many people, myself included, I must admit,  ...  view the full minutes text for item 82.