Agenda and minutes

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

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

Cllr Morley declared a personal and prejudicial interest in agenda item 16B(iv) (the notice of motion relating to selective licensing), as the owner of premises that could potentially be subject to selective licensing powers.  He left the Chamber during consideration of this motion and took no part in the debate or vote thereon.

Cllr Potter declared a personal interest in agenda item 16B(i) (the notice of motion relating to an alternative voting system), as a member of Make Votes Count.

To consider the exclusion of the press and public from the meeting during the debate on the recommendations contained in Executive Minute 75 (The Barbican Auditorium) at item 7 on this agenda, on the grounds that the discussion may refer to information relating to the financial or business affairs of particular persons, which is classed as exempt under paragraph 3 of Schedule 12A to Section 100A of the Local Government Act 1972 (as revised by The Local Government (Access to Information) (Variation) Order 2006).

Cllr Waller moved, and Cllr Runciman seconded:

“That the press and public be excluded from the Chamber during consideration of the recommendations contained in Executive Minute 75 (The Barbican Auditorium) and the associated report, on the grounds that the discussion will include reference to information relating to the financial or business affairs of particular persons, which is classed as exempt under paragraph 3 of Schedule 12A to Section 100A of the Local Government Act 1972 (as revised by The Local Government (Access to Information) (Variation) Order 2006).”

RESOLVED: That the above motion be approved and that the press and public be excluded from the Chamber during consideration of the recommendations on the Barbican Auditorium.

To approve and sign the minutes of the Council meeting held on 15 July 2010.

RESOLVED: That the minutes of the Council meeting held on 15 July 2010 be approved and signed by the Chair as a correct record.

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

The Lord Mayor announced that:

• the Council’s Green Santa Challenge and Choose & Re-use fashion show had been selected as finalists in the Best Waste Minimisation or Prevention projects, the results to be decided in November;
• the Council had been named as ‘Best City’ in the Yorkshire in Bloom awards;

• the Council had been awarded the Local Government Improvement and Development Charter;
• Cllrs Ann Reid and Brian Watson had been shortlisted as candidates for Elected Member of the Year in the Yorkshire & Humber Region, the results to be announced in October.

The Lord Mayor then extended her congratulations to York City Knights, on their success in Co-operative Championship Finals Day, and to Laura Campbell and Joseph Hadfield, on winning gold, silver & bronze medals at Special Olympics in Warsaw.  Events to mark both these sporting achievements were currently being organised.

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, 6 October.

It was reported that there had been six registrations to speak at the meeting under the Council’s Public Participation Scheme. 

Isobel Waddington, of Murton Parish Council spoke in support of the petition to be presented by Cllr Morley, seeking the introduction of a 20 mph zone in Murton village.

Mike Longhurst spoke in support of the petition to be presented by Cllr Boyce, objecting to the discontinuation of the key-holding service by Warden Call.

Elizabeth Casling spoke on behalf of residents of Deighton, Wheldrake and Escrick villages, asking the Council to enforce existing planning conditions requiring the former site of North Selby Mine to be returned to agricultural use, rather than approving the site as an area for potential re-development.  

Felicity Williams spoke in support of the motion on electoral reform to be moved by Cllr Vassie.

Simon Rodgers spoke in support of the motion to be moved by Cllr Reid concerning council housing in the City.

Niall McTurk, as Chair of York Residential Landlords Association, spoke in opposition to the petition to be presented by Cllr Cregan seeking an application for selective licensing powers over properties in Hull Road Ward.

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 Morley, on behalf of residents of Murton, calling for a 20 mph zone in their village.

(ii)               Cllr Potter, on behalf of residents of Heworth Ward objecting to the cutting of the no. 13 bus service.

(iii)             Cllr Runciman, on behalf of residents of Huntington concerned about speeding on New Lane.

(iv)              Cllr Douglas, on behalf of residents concerned about cycle track segregation on Crichton Avenue bridge.

(v)                Cllr Boyce, on behalf of Heworth residents objecting to care services no longer holding keys to customers’ homes.

(vi)              Cllr Crisp, on behalf of residents objecting to commuter parking on Aldborugh Way.

(vii)            Cllr Cregan, on behalf of residents of Hull Road asking the Council to apply for selective licensing powers over houses in multiple occupation in Hull Road Ward.

Under Standing Order 7, petitions were presented by:

(i)                 Cllr Morley, on behalf of residents of Murton, calling for the introduction of a 20 mph zone in their village.¹

(ii)               Cllr Potter, on behalf of residents of Heworth Ward objecting to the cutting of the no. 13 bus service and calling on First York to re-instate the service.²

(iii)             Cllr Runciman, on behalf of residents of Huntington, asking the Council to investigate measures to address speeding traffic on New Lane.³

(iv)              Cllr Douglas, on behalf of residents calling on the Council to introduce segregation on the cycle / pedestrian track along Crichton Avenue bridge.⁴

(v)                Cllr Boyce, on behalf of residents of Heworth, objecting to the discontinuation of the key-holding service by Warden Call and calling on the Council to continue the service.⁵

(vi)              Cllr Crisp, on behalf of residents of Holgate, calling on the Council to address the problem of commuter parking on Aldborough Way.⁶

(vii)            Cllr Cregan, on behalf of residents of Hull Road, asking the Council to apply for selective licensing powers over houses in multiple occupation in Hull Road Ward.⁷

To receive the Annual Report of the Standards Committee for the Municipal Year 2009/10.

The Lord Mayor announced that she would use her discretion to vary the order of the agenda in order to deal at this point with agenda item 7, the Standards Committee Annual Report.

Mrs Christine Bainton, the Independent Chair of the Standards Committee, then presented the Annual Report of the Standards Committee for the Municipal Year 2009/10.

Mrs Bainton moved receipt of the Annual Report, Cllr Hudson seconded the motion and it was

RESOLVED: That the Annual Report of the Standards Committee for 2009/10 be received.

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.

Cllr Waller then moved, and Cllr Runciman seconded, the following recommendations under Minute 61 of the Executive meeting held on 7 September 2010 (Capital Programme – Monitor 1):

“(i)       That Council approve the net adjustments of £447k in 2010/11 and £641k in 2011/12, as set out on a scheme by scheme basis in the report and contained in Annex A.

(ii)        That Council approve an addition to the capital programme in 2010/11 of £1m, in the form of a loan to Yorwaste, in which the Council holds a 22.7% stake. ¹

On being put to the vote, the recommendations were declared CARRIED.

The press and public having been excluded from the meeting in accordance with the resolution previously agreed by Council, Cllr Waller moved, and Cllr Runciman seconded, the following recommendation under Minute 75 of the Executive meeting held on 21 September 2010 (The Barbican Auditorium):

“That Council approve the financial implications relating to the capital programme contained in exempt Annex 4 to the report” ²

as clarified by the following recommendation contained in the additional report on the Barbican Auditorium published with the Council agenda and circulated around the Chamber:

“Council is asked to approve an increase in the capital programme of up to £1.113m for the Barbican project and to approve the use of prudential borrowing to fund this.  The revenue costs incurred by the Council as a result of the prudential borrowing will be met by SMG’s rental payments.” ²

On being put to the vote, the recommendations were declared CARRIED.

Cllr Waller then moved, and Cllr Runciman seconded, the following recommendations under Minute 76 of the Executive meeting held on 21 September 2010 (Changing Executive Arrangements):

“(i)       That Council propose to adopt the Leader and Cabinet model.

(ii)        That the timetable should be as set out in Annex 2 to the report.

(iii)       That Council not instigate a referendum.

(iv)       That Council make provision in the Constitution for removal of the Leader during his or her term of office and adopt the transitional arrangements set out in Annex 2.” ³

Cllr Alexander then moved, and Cllr Merrett seconded, an amendment to the above recommendations, as follows:

“In resolution (iv), insert after ‘Annex 2’:

‘, subject to no new initiatives being started, no new expenditure being authorised by the Executive Member and that there is recognition that former councillors cannot remain as Executive Members beyond the expiry of their term of office three days after the election.  Should a new majority be formed from the May 2011 elections, their authority will be formally recognised at the earliest juncture.’”

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

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

RESOLVED: (i)         That the recommendations contained in Minute 61 of the Executive meeting held on 7 September 2010 be approved.¹

                        (ii)  ...  view the full minutes text for item 34.

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 made by that Committee at its meeting on 28 July 2010 in respect of a proposed change to Article 5 of the Council’s Constitution, relating to the Lord Mayoralty (Minute 22).

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

RESOLVED: That the recommendations contained in Minute 22 of the Audit & Governance Committee meeting on 28 July 2010 be approved. ¹

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

As Chair of the Audit & Governance Committee, Cllr Merrett moved, and Cllr Wiseman seconded, the recommendation made by that Committee at its meeting on 18 June 2010 in respect of changes to the boundary of the Cumulative Impact Zone (Minute 5).

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

RESOLVED: That the recommendation contained in Minute 4 of the Gambling & Licensing Acts Committee meeting on 18 June 2010 be approved. ¹

To consider the following recommendations for approval from the Licensing & Regulatory Committee:

As Chair of the Licensing & Regulatory Committee, Cllr Gillies moved, and Cllr Moore seconded, the recommendation made by that Committee at its meeting on 2 July 2010 to adopt provisions for the regulation of lap dancing clubs and similar venues under the Policing and Crime Act 2009.

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

RESOLVED: That the recommendation contained in Minute 4 of the Licensing & Regulatory Committee meeting on 2 July 2010 be approved. ¹

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

A written report was received from Cllr John Galvin, the Chair of the Scrutiny Management Committee (SMC) on the work of the SMC since the last report to Council, on 15 July 2010.

To receive a written report from the Executive Member for Corporate 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 Moore, the Executive Member for Corporate Services.

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

(i)         From Cllr Hyman:

“Can the Executive Member expand upon the factors which have resulted in what appears very significant improvement in the final accounts processes compared to where we were 2-3 years ago?”

The Executive Member replied:

“The finance team has worked extremely hard in delivering significant improvements over the past two years, and this is down to their skill and commitment.  Over the last two years, project plans have been in place, there has been excellent teamwork, close working with external audit, and a highly professional approach from all staff concerned.

I’m sure all members of Audit & Governance Committee will share my belief that our officers’ passion, and I mean passion, for the Accounts has been a major factor in this improvement.

On a personal note, I have never before, in my thirty-one years in accountancy, met an officer who can get so excited about financial regulations and procedures.  The entire finance team deserve our thanks.”

(ii)        From Cllr Gunnell:

“Can the Executive Member explain why he has allowed three vacancies to exist out in a corporate procurement team of six, why he has seen fit to replace those permanent members of staff with two agency staff and how much they have cost the local taxpayer over the period of their employment?”

The Executive Member replied:

“I am surprised Cllr. Gunnell has asked me about Procurement, as this was all detailed out in a paper to Executive on 7^th September, and I would have expected that she would be aware of the details.  While it is true that the Procurement team has an establishment of 6 ftes and are carrying 2 vacancies due to staff turnover and one secondment, this has only been a temporary measure while the “More for York” blueprint has been developed.  During this time no recruitment has taken place, to avoid potentially recruiting permanent staff with the wrong skills to operate in an outmoded model of delivery.

The exact balance between permanent staff and temporary specialists will be defined over the coming months as we do further detailed analysis of our category spend and identify how much work is needed in each category. The detailed technical methodology of how procurement can drive out savings is set out in a revised Procurement Blueprint.

Despite this, the Procurement workstream has made good progress and the in year target savings of £400k to the General Fund have already been over achieved by £259k - a total of £659k savings. In addition to this a further £927k savings have been made that will accrue to the Direct Schools Grant.  That  totals £1.586,000.  I would suggest that this far outweighs the cost of employment of the temporary staff.

The long-term efficiencies that can be delivered  ...  view the full minutes text for item 39.

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)

·         North Yorkshire Fire & Rescue Authority – meeting on 23/06/10

·         Quality Bus Partnership – meeting on 10/06/10

·         Without Walls Partnership – meeting on 12/05/10

·         NHS Foundation Trust – meeting on 21/04/10

·         Economic Development Partnership Board – meeting on 20/05/10

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:

• North Yorkshire Fire & Rescue Authority – meeting on 23/06/10
• Quality Bus Partnership – meeting on 10/06/10
• Without Walls Partnership – meeting on 21/05/10
• NHS Foundation Trust – meeting on 21/04/10
• Economic Development Partnership Board – meeting on 20/05/10

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 at page 63 of the Council papers (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 Vassie

“Council notes the intention of the Coalition Government to hold a referendum on  introducing the Alternative Vote system for United Kingdom General Elections.

Council also notes the commitment of the previous Labour Government to the introduction of voting reform for UK General Elections, the commitment of the Green Party to a fair voting system, and the commitment of the Liberal Democrat Party ‘to seek to include proportional representation for local government elections in England and Wales as part of the political reform programme of the coalition government.’

Council agrees that both national and local authority elections should employ a more proportional and representative voting system in order to better represent the voting intentions of their electorates.  

Council therefore resolves to write to the Deputy Prime Minister to call on the Coalition Government to introduce a fair voting system for local elections as part of its package of political reforms and indicates Council’s willingness to see a more proportional voting system employed in future local elections in York.”

(ii)        From Cllr Simpson-Laing

“Council is gravely concerned for the future of the Royal Mail Sorting Office in Leeman Road and deplores the recent announcement by Vince Cable MP, Business Secretary, to privatise the Royal Mail, which could hasten the proposed removal of First Class Mail sorting from York to Leeds.

Council is concerned at these recent announcements, given that :

·        A recent YouGov Poll found a majority of voters of every major party opposed Royal Mail privatisation;

·        Royal Mail is a market leader whose profits rose by 26 percent to £404m in 2010;

·        A fully funded modernisation programme has been agreed by management and unions, in York and nationally, to bring stability to the company;

·        Privatisation will lead to the separation of Royal Mail and the Post Office Network, putting the existence of many Post Offices in York and throughout the country at risk;

·        Privatisation will put at risk the universal collection and delivery service for households and business, result in a reduction of post boxes, in York and nationally, and has the potential to harm the UK economy;

·        The removal of mail sorting from York to Leeds is enormously wasteful in terms of transport and greenhouse gas emissions;

·        The loss of the York Sorting Office jobs will impact on the York economy and affect the health and well being of workers and their families.

Council instructs the Chief Executive to:

·        Write to the Royal Mail Chief Executive, Moya Greene, to express concerns on the impact of removing first class mail sorting from York to Leeds, and ask that the modernisation programme is allowed time to deliver its goals;

·        Write to the Business Secretary and request a halt to the announced Royal Mail privatisation plans so that the  ...  view the full agenda text for item 42.

(i)            Alternative Vote System

            It was moved by Cllr Vassie and seconded by Cllr Holvey that:

“Council notes the intention of the Coalition Government to hold a referendum on introducing the Alternative Vote system for United Kingdom General Elections.

Council also notes the commitment of the previous Labour Government to the introduction of voting reform for UK General Elections, the commitment of the Green Party to a fair voting system, and the commitment of the Liberal Democrat Party ‘to seek to include proportional representation for local government elections in England and Wales as part of the political reform programme of the coalition government.’

Council agrees that both national and local authority elections should employ a more proportional and representative voting system in order to better represent the voting intentions of their electorates.  

Council therefore resolves to write to the Deputy Prime Minister to call on the Coalition Government to introduce a fair voting system for local elections as part of its package of political reforms and indicates Council’s willingness to see a more proportional voting system employed in future local elections in York.” 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)        Royal Mail Sorting Office

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

“Council is gravely concerned for the future of the Royal Mail Sorting Office in Leeman Road and deplores the recent announcement by Vince Cable MP, Business Secretary, to privatise the Royal Mail, which could hasten the proposed removal of First Class Mail sorting from York to Leeds.

Council is concerned at these recent announcements, given that :

·        A recent YouGov Poll found a majority of voters of every major party opposed Royal Mail privatisation;

·        Royal Mail is a market leader whose profits rose by 26 percent to £404m in 2010;

·        A fully funded modernisation programme has been agreed by management and unions, in York and nationally, to bring stability to the company;

·        Privatisation will lead to the separation of Royal Mail and the Post Office Network, putting the existence of many Post Offices in York and throughout the country at risk;

·        Privatisation will put at risk the universal collection and delivery service for households and business, result in a reduction of post boxes, in York and nationally, and has the potential to harm the UK economy;

·        The removal of mail sorting from York to Leeds is enormously wasteful in terms of transport and greenhouse gas emissions;

·        The loss of the York Sorting Office jobs will impact on the York economy and affect the health and well being of workers and their families.

Council instructs the Chief Executive to:

·        Write to the Royal Mail Chief Executive, Moya Greene, to express concerns on the impact of removing first class mail sorting from York to Leeds, and ask that the modernisation programme is allowed time to deliver its goals;

·        Write to the Business Secretary and request a halt  ...  view the full minutes text for item 42.

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:

“Will the Executive Leader agree to sign a joint letter with the Leader of the Opposition addressed to the Defence Secretary lobbying to maintain the presence and number of Ghurkhas at Imphal Barracks?”

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

“On 6th July 2010 the Executive delegated power to set pay grading of assistant directors to the Head of Paid Services. Does the Leader think that in this current financial climate it is appropriate for the Executive to delegate senior pay levels to other senior officers?”

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

“Would the Executive Leader explain why the long term assumption for the recycling rate in the proposed Waste PFI contract is so low?”

(iv)       To the Executive Member for Neighbourhood Services, from Cllr Crisp:

“Will the Executive Member agree that changes to non-recycling waste collections in Holgate and Westfield have been an unmitigated disaster for local residents?”

(v)        To the Executive Member for Neighbourhood Services, from Cllr             Aspden:

“Can the Executive Member give Council an update on the progress with the roll out of the new three box recycling system and also give any indication of the effect of the new system on the amount of recycling collected?”

(vi)       To the Executive Member for Children & Young People’s Services, from Cllr Bowgett:

“Does the Executive Member believe that the possible redirection of resources from local authority schools to free schools is an unwelcome piece of Government legislation?”

(vii)      To the Executive Member for Children & Young People’s Services, from Cllr Wiseman:

"Would the Executive Member please inform the Council about the plans for Local Democracy Week?"

(viii)     To the Executive Member for Leisure, Culture & Social Inclusion, from Cllr Cregan:

“Can the Executive Member inform the Council of the response received from Sarah Teather on requesting York to keep some of the playbuilder funding earmarked for claw back?”

(ix)       To the Executive Member for Leisure, Culture & Social Inclusion from Councillor Hogg:

“Can the Executive Member tell Council how visitor numbers for the new York Explore compare with the figures before the refurbishment?”

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

“Will the Executive member agree to postpones he publication of Your City until after the next local elections in order to avoid any allegations of it being used for political propaganda?”

(xi)       To the Executive Member for City Strategy, from Cllr Alexander:

“Can you please direct me to where and when 'some Labour Councillors’ have made ‘contrary claims’ to elderly people who are unable to walk to the nearest bus stop, being entitled to £50 worth of travel tokens?”

Eleven questions had been submitted to Executive Members under Standing Order 11.3(a).  The guillotine having fallen at this point, Members agreed to receive written answers to their questions, as set out below:

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

“Will the Executive Leader agree to sign a joint letter with the Leader of the Opposition addressed to the Defence Secretary lobbying to maintain the presence and number of Ghurkhas at Imphal Barracks?”

            Reply

Yes

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

“On 6th July 2010 the Executive delegated power to set pay grading of assistant directors to the Head of Paid Services. Does the Leader think that in this current financial climate it is appropriate for the Executive to delegate senior pay levels to other senior officers?”

            Reply

I am always interested in the Labour Leader’s interest in financial matters, and I note the comments that his group made to the Executive before the meeting on 6^th July:

‘Labour Group Spokespersons Comments for 06/07/10

·        Has always supported a leaner council that concentrates its resources on front line services

·        Reaffirms that view in the current climate of huge funding cuts for local government

·        Expects the Executive to ensure that effective management and strategic leadership exists in each of the council’s directorates.’

The decision of the Executive to delegate the grading of the new assistant directors posts to the Head of Paid Service (Chief Executive) was not called in. I have confidence in the Chief Executive and her focus on achieving the More For York savings. The decision did not delegate the Assistant Director Pay structure, which is set by Members.

No cost of living pay awards have been made to Assistant Directors since April 2008.

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

“Would the Executive Leader explain why the long term assumption for the recycling rate in the proposed Waste PFI contract is so low?”

Reply

York is the forth highest Unitary Authority in England and Wales when it comes to recycling.  This puts York well into the top quartile.  Our target is to achieve a minimum of 50% recycling going forward.  This would put us second, only to Rutland, who's target is high due to their high levels of green waste composted, but lower dry recyclates.  The more urban, less prosperous and more deprived an area is the lower its recycling rate is likely to be, a WRAP study has found. (December 2009) the greatest yield per household per year was in ‘Rural-80' classed area, meaning authorities were at least 80% of the population lives in rural settlements or larger market towns had the highest levels of total recycling/composting. WYG wrote in April 2010, 'The top performing authorities achieving recycling/composting levels in excess of 50% tend to collect a significant amount of garden waste. 

The collection by York of 6 materials on kerbside, including plastic, is envied by many authorities and contribute significantly to our performance.  However, there is a diminishing return in the levels of  ...  view the full minutes text for item 43.