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 personal and prejudicial interests were declared:

The following personal interests were declared:

To approve and sign the minutes of the Council meeting held on 7 October 2010.

RESOLVED: That the minutes of the Council meeting held on 7 October 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, and in particular the nomination of the Lord Mayor Elect and the Sheriff of York for the Municipal Year 2011/12.

The Lord Mayor announced that the Council had received a trophy to mark its achievement of Charter Status; this was on display in the Council Chamber.

The Lord Mayor then invited Cllr Alexander to nominate the Lord Mayor Elect for the Municipal Year 2011/12.  Cllr Alexander nominated, and Cllr Waller seconded, Cllr David Horton as the Lord Mayor Elect and this nomination was unanimously agreed.  Cllr Horton replied that he would be honoured to accept this office and nominated Alan Dellar as Sheriff for the 2011/12 Municipal Year.

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, 8 December 2010.

The Lord Mayor reported that nine members of the public had registered to speak at the meeting under the Council’s Public Participation Scheme. 

Jonathan Lancaster spoke in support of the notice of motion submitted by Cllr Aspden, in relation to tuition fees.

Timothy Ndwena spoke in support of the notice of motion on tuition fees submitted by Cllr Alexander.

David Levene spoke in support of the petition to be presented by Cllr Alexander, seeking the introduction of double yellow lines along the length of University Road.

Brian Cooper spoke in relation to the Executive recommendations for the award of the Long Term Waste Management Contract, on behalf of of Marton-cum-Grafton Parish Council and other parish councils in the Allerton Park area.  He opposed the recommendations on the basis of the size of the proposed incinerator, the superiority of other forms of waste disposal and the financial risks of the contract.

Richard Lane spoke about the Waste Management Contract recommendations on behalf of York Residents Against Incineration.  He opposed the recommendations on the basis that entering into a long term contract went against DEFRA advice and was incompatible with the fact that levels of residual waste were now falling.

Guy Wallbanks spoke about the Waste Management Contract recommendations on behalf of York & Ryedale Friends of the Earth.  He opposed the recommendations on the basis that the issue of residual waste should be tackled by supporting reduction, re-use and repair rather than by incineration.

Mr Boyle also spoke in opposition to the Waste Management Contract recommendations, citing the financial risks to the Council of surplus incinerator capacity as a result of decreasing levels of residual waste.

Mark Snee spoke in relation to the Executive recommendation from 16 November seeking an increase to the capital programme to enable the purchase of premises on behalf of York Museums Trust.  As an occupier of the said premises, he highlighted the effect the sale would have on his business and his employees and urged Members to reconsider the matter.

Alexandra Hunt, the manager of Safe and Sound Homes (previously known as York Night Stop), spoke about the work of her organisation, which had increased its caseload by 400% since 2008, and asked that it be included within the Council’s Homeless Strategy and be considered for funding, given that it was helping to fulfil a statutory duty.

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 Alexander, on behalf of local residents, regarding Council action required on parking along University Road.

(ii)               Cllr Jamieson-Ball, on behalf of residents of Heslington Village, regarding parking on University Road.

(iii)             Cllr Simpson-Laing, on behalf of residents seeking a 20 mph speed limit on Grayshon Drive.

(iv)              Cllr Horton, on behalf of residents seeking a 20 mph speed limit on Melwood Grove.

(v)                Cllr Horton, on behalf of residents seeking a 20 mph speed limit on Sherwood Grove.

(vi)              Cllr Simpson-Laing, on behalf of residents requesting the re-installation of static bollards on Low Poppleton Lane.

Under Standing Order 7, petitions were presented by:

(i)                 Cllr Alexander, on behalf of local residents, regarding Council action required on parking along University Road.¹

(ii)               Cllr Aspden, on behalf of residents of Heslington Village, regarding parking on University Road. ²

(iii)             Cllr Simpson-Laing, on behalf of residents seeking a 20 mph speed limit on Grayshon Drive. ³

(iv)              Cllr Horton, on behalf of residents seeking a 20 mph speed limit on Melwood Grove. ⁴

(v)                Cllr Horton, on behalf of residents seeking a 20 mph speed limit on Sherwood Grove. ⁵

(vi)              Cllr Simpson-Laing, on behalf of residents requesting the re-installation of static bollards on Low Poppleton Lane. ⁶

(vii)            Cllr Merrett, on behalf of residents seeking a 20 mph speed limit on Bishopthorpe Road and the surrounding residential streets. ⁷

(viii)          Cllr D’Agorne, on behalf of residents calling for the introduction of a 20 mph zone in Alma Terrace and the surrounding streets. ⁸

(ix)              Cllr D’Agorne, on behalf of York Residents Against Incineration, objecting to the Executive recommendations for the award of the Long Term Waste Management contract. ⁹

(x)                Cllr D’Agorne, on behalf of the North Yorkshire Waste Action Group, objecting to the Executive recommendations for the award of the Long Term Waste Management contract. ¹⁰

(xi)              Cllr D’Agorne, on behalf of the Don’t Incinerate Steering Committee, objecting to the Executive recommendations for the award of the Long Term Waste Management contract. ¹¹

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. 

The reports on which these recommendations were based can be viewed on the Council’s website as part of the published agendas for the relevant meetings.  Links are provided under the meeting dates 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 recommendation under Minute 86 of the Executive meeting held on 5 October 2010 (Reference Report – National Service Planning Requirements for Environmental Health and Trading Standards):

“That Council approve the food law enforcement plan.” ¹

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

RESOLVED: That the recommendation contained in Minute 86 of the Executive meeting on 5 October 2010 be approved. ¹

Cllr Waller then moved, and Cllr Runciman seconded, the following recommendations under Minute 103 of the Executive meeting held on 2 November 2010 (Sustaining the More for York Programme and Creating the Office of the Chief Executive):

“(i)       That the Venture Fund be re-profiled as set out in Annex 1 to the report [to Executive).

(ii)        That approval be given to the ongoing use of £600k savings generated from More for York in 2011/12 to fund the More for York programme team as part of the Office of the Chief Executive.” ²

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

RESOLVED: That the recommendations contained in Minute 103 of the Executive meeting on 2 November 2010 be approved. ²

Cllr Waller then moved, and Cllr Runciman seconded, the following recommendations under Minute 114 of the Executive meeting held on 16 November 2010:

“That Council approve:

(i)                 The net adjustments of (£8.226m) in 2010/11, (£11.975m) in 2011/12, £13.286m in 2012/13 and £6.725m in 2013/14, as set out on a scheme by scheme basis in the report [to Executive] and contained in Annex A.

(ii)               The use of an additional £66k of Prudential Borrowing for the funding of Self Issue Library machines, noting that this extends the scheme total to £104k in 2010/11.

(iii)             The use of Prudential Borrowing to fund the Travellers’ Site Electricity Units at a cost of £250k over a two year period (£134k in 2010/11 and £116k in 2011/12), to be paid for from departmental budgets made available from the savings generated as a result of the installation of the new equipment.

(iv)             The addition to the capital programme in 2010/11 of £1.766m in relation to the required works for the Crematorium, to be funded from Prudential Borrowing , to be repaid over a period of 15 years, noting that this cost may rise in line with VAT to £2.119m should ring fencing be applied. ³

With the consent of Council, Cllr Waller withdrew the following recommendation set out under the above minute and directed that it be referred to the Staffing & Urgency Committee meeting on 20 December 2010 for re-consideration in the light of the comments made under Public Participation: ⁴

‘(v) The addition to the capital programme in 2010/11 of £525k in relation to the acquisition of premises on behalf of the York Museums Trust, subject to satisfactory terms being agreed, with the agreement  ...  view the full minutes text for item 53.

To consider the following recommendation for approval from the Audit & Governance Committee:

As Chair of the Audit & Governance Committee, Cllr Brian Watson moved, and Cllr Brooks seconded, receipt of the Committee’s Annual Report, as recommended in Minute 38 of the meeting of that Committee held on 29 September 2010.

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

RESOLVED: That the Annual Report of the Audit & Governance Committee for the year to 30 September 2010 be received.

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

As Chair of the Gambling & Licensing Acts Committee, Cllr Merrett moved, and Cllr Wiseman seconded, the recommendation contained in Minute 14 of the meeting of that Committee held on 19 November 2010, as follows:

“That Council resolve to approve the draft Statement of Licensing Policy, with the amendments suggested by the Gambling & Licensing Acts Committee.” ¹

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

RESOLVED: That the recommendation contained in Minute 14 of the Gambling & Licensing Acts Committee meeting held on 19 November 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, which includes a recommendation for the appointment of a Statutory Scrutiny Officer.

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 7 October 2010.

Cllr Galvin then moved, and Cllr Merrett seconded, the recommendation contained in paragraph 17 of the report regarding the appointment of the Head of Democratic Services to the post of Statutory Scrutiny Officer.

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

RESOLVED: That the recommendation in the report of the Monitoring Officer be approved and that the Head of Democratic Services be appointed as Statutory Scrutiny Officer.

To receive a written report from the Executive Member for Neighbourhood Services, and to question the Executive Member thereon, provided any such questions are registered in accordance with the timescales and procedures set out in Standing Order 8.2.1.

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

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

(i)         From Cllr King

“We were told last year that the inclement weather was a one off and that the Council learned from this experience. Would the Executive Member tell us what these lessons were and how successfully they have been implemented?”

The Executive Member replied:

“I think that it was more a question of hoping that last year’s inclement weather was a one off rather than saying that it was.

The revised Winter Maintenance Manual was widely consulted upon with attendance by officers at all the ward meetings over the summer. Within those presentations, it was identified that York’s resilience was over and above the recommendations of the government, which, across the UK, was set based on typical winter weather experienced over the last 10 years. 

The key improvement identified as part of the experience of January 2010 was that levels of salt stocks would be increased to maximum capacity for the salt barn, a total of 3,000 tonnes. Since then, the government have published their resilience report, following the last winter. In this, they recommend that salt stocks, at the start of winter should be 48 gritting runs. For York this would be 2,400 tonnes, so here again we have exceeded the recommendations. 

In the event of extreme weather in the future, York has established a Winter Maintenance Group, which would co-ordinate decisions and release information for all services across the council.  A significant number of compliments have been received on the frequency and quality of information this year.”

(ii)        From Cllr Orrell

“Can the Executive Member provide a list of the number of centrally funded grit bins in each ward?”

The Executive Member replied:

“Members will be aware that salt bins are funded in a number of ways - centrally by the Highways department and by Parish Councils, Ward Committees and Residents Associations.   When the bin locations were reviewed the centrally funded ones were only retained where they had been used in the previous winters and/or where there was a significant gradient and high footfall.   

By Ward these are:- 

Acomb – 9

Bishopthorpe – 3

Clifton – 2

Derwent _ 2

Dringhouses and Woodthorpe – 3

Fishergate – 5

Fulford – 4

Guildhall – 3

Haxby and Wigginton – 3

Heslington – 1

Heworth – 3

Heworth W/O – 1

Holgate – 11

Hull Rd – 3

Huntington and New Easwick – 8

Micklegate – 10

Osbaldwick – 4

Rural West – 4

Skelton, Rawcliffe & Clifton W/O – 4

Strensall – 6

Westfield – 9

Wheldrake – 6

Many Ward Committees have chosen to fund bins where residents have requested them.  You can see by this list that the number quoted recently by Cllr Alexander in my own ward is as a  ...  view the full minutes text for item 57.

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):

• NHS Foundation Trust – minutes of meeting on 21 April 2010
• Without Walls Partnership – minutes of meeting on 17 September 2010

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:

• NHS Foundation Trust – minutes of meeting on 21 April 2010
• Without Walls Partnership – minutes of meeting on 17 September 2010.

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 in the revised 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 Aspden

“Council notes that our universities must be fully funded if they are to continue to provide high quality education to students.

Council believes it was a mistake for the Labour government to introduce tuition fees in 1998, despite a manifesto commitment not to, and furthermore believes it was a mistake for the Labour government to introduce £3,000 per year top up fees in 2004.

Council believes that the government’s proposals improve on the system introduced by the Labour government in a number of ways, including:

·      Increasing the repayment threshold from £15,000 to £21,000

·      Ending up-front fees for part-time students

·      More generous grants for lowest income students

·      Ensuring all students will repay less per month than they currently pay

However, Council believes that instead of increasing top-up fees, all tuition fees should be phased out, so that students are not penalised with thousands of pounds worth of debt for entering into higher education.

Council directs that a copy of this motion is sent to both local MPs, asking them to vote against the coming increases, with a copy to both the University of York and York St John University management boards and the Student Union presidents.”

(ii)        From Cllr Alexander

“Despite their respective manifesto pledges to scrap university tuition fees and increase university places, the Liberal Democrat / Tory coalition government has increased fees to up to £9k per annum and cut university places.

Despite Michael Gove’s commitment to keep the Education Maintenance Allowance, the government has announced that it is to be abolished.

Council believes that:

·        Education is the main vehicle for social mobility and that talented and hardworking people should have the right to go into further and higher education based on ability and not on their financial position;

·        Scrapping the EMA will not help maintain the existing level, or increase the numbers, of young people going into further education;

·        Increasing tuition fees will not help maintain the existing level, or increase the numbers, of young people going into further education;

·        Students contribute large amounts to York through spending in the local economy, working in often low-paid jobs and carrying out voluntary work;

·        The Conservatives have betrayed voters in further education by promising to scrap tuition fees in opposition and increasing them in office.

Council resolves:

·        That the Chief Executive be requested to invite staff and student representatives of York College, Askham Bryan, York St John University and the University of York to an open meeting with Group Leaders to discuss future access to post-16 education; and

·        That the Chief Executive be requested to write to Hugh Bayley MP and Julian Sturdy MP requesting that they vote against any lifting of the tuition fees cap at this difficult financial time.”

(iii)       From Cllr Gillies

“Council  ...  view the full agenda text for item 60.

(i)         Tuition Fees (1)

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

“Council notes that our universities must be fully funded if they are to continue to provide high quality education to students.

Council believes it was a mistake for the Labour government to introduce tuition fees in 1998, despite a manifesto commitment not to, and furthermore believes it was a mistake for the Labour government to introduce £3,000 per year top up fees in 2004.

Council believes that the government’s proposals improve on the system introduced by the Labour government in a number of ways, including:

·      Increasing the repayment threshold from £15,000 to £21,000

·      Ending up-front fees for part-time students

·      More generous grants for lowest income students

·      Ensuring all students will repay less per month than they currently pay

However, Council believes that instead of increasing top-up fees, all tuition fees should be phased out, so that students are not penalised with thousands of pounds worth of debt for entering into higher education.

Council directs that a copy of this motion is sent to both local MPs, asking them to vote against the coming increases, with a copy to both the University of York and York St John University management boards and the Student Union presidents.”

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

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

(ii)        Tuition Fees (2)

It was moved by Cllr Alexander and seconded by Cllr Potter that:

“Despite their respective manifesto pledges to scrap university tuition fees and increase university places, the Liberal Democrat / Tory coalition government has increased fees to up to £9k per annum and cut university places.

Despite Michael Gove’s commitment to keep the Education Maintenance Allowance, the government has announced that it is to be abolished.

Council believes that:

·        Education is the main vehicle for social mobility and that talented and hardworking people should have the right to go into further and higher education based on ability and not on their financial position;

·        Scrapping the EMA will not help maintain the existing level, or increase the numbers, of young people going into further education;

·        Increasing tuition fees will not help maintain the existing level, or increase the numbers, of young people going into further education;

·        Students contribute large amounts to York through spending in the local economy, working in often low-paid jobs and carrying out voluntary work;

·        The Conservatives have betrayed voters in further education by promising to scrap tuition fees in opposition and increasing them in office.

Council resolves:

·        That the Chief Executive be requested to invite staff and student representatives of York College, Askham Bryan, York St John University and the University of York to an open meeting with Group Leaders to discuss future access to post-16 education; and

·        That the Chief Executive be requested to write to Hugh Bayley MP and Julian Sturdy MP requesting that they vote against any lifting of the tuition fees cap at  ...  view the full minutes text for item 60.

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:

“The new Council HQ was originally predicted to save £29m. The current estimate is £17m - please could the Executive Leader explain the drop?”

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

“Can the Executive Leader explain what work is being done to ensure that the construction of the new Council HQ utilises local labour as much as possible?”

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

“Will the Executive Leader agree to provide more Council owned space for Edible York to use?”

(iv)       To the Executive Leader, from Cllr R Watson:

“Would the Leader of the Council indicate the total number of crimes committee in the City in each year since 2003?”

(v)        To the Executive Leader, from Clllr Jamieson-Ball:

“Would the Leader of the Council indicate how York unemployment levels have compared with the regional and national average at the end of each of the last 8 years?”

(vi)       To the Executive Member for City Strategy, from Cllr Simpson-Laing:

“Will the Executive Member for City Strategy please inform Council of the total number of staff hours that have been spent on the “rising bollard” on Low Poppleton Lane since its installation and the resulting financial cost?”

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

“Would the Executive Member please state what salt stocks are left for the rest of winter and what action is being taken to address public concern about clearance of snow and ice from footpaths and cycle lanes / tracks?”

(viii)     To the Executive Member for City Strategy, from Cllr Hogg:

“Would the Executive Member for City Strategy indicate how many KSI traffic accidents have been recorded in each of the last 8 years in the City?”

(ix)       To the Executive Member for City Strategy, from Cllr Sunderland:

“Would the Executive Member for City Strategy indicate:

a)                 how many bus passenger journeys and

b)                 how many park and ride journeys

were made in each of the last 8 years?”

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

“Would the Executive Member for Leisure, Culture and Social Inclusion please indicate how much of last year’s Ward Committee carry forwards, itemised by Ward, have now been delivered?  Where they have failed to be delivered please could an explanation be given?”

(xi)       To the Executive Member for Leisure, Culture & Social Inclusion, from Cllr B Watson:

“Will the Executive Member for Leisure, Culture and Social Inclusion please inform Council what is proposed to happen to the former Manor School when Global's lease runs out in 2011?”

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

“Would the Executive Member for Leisure, Culture & Social Inclusion indicate how many visits were made to each of our libraries each year since 2003?”

(xii)      To the Executive Member for Neighbourhood  ...  view the full agenda text for item 61.

Nineteen questions had been submitted to the Executive Leader and 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:

“The new Council HQ was originally predicted to save £29m. The current estimate is £17m - please could the Executive Leader explain the drop?”

Reply:

I would hope that Cllr Alexander will consult the Executive Papers of 22^nd November 2005 which detailed in paragraph 82 ‘There is a net saving to the council of £17.4 million in cash terms against existing budgets over the period [30 years]

The figure of £29 million relates to savings including the additional liabilities for which there are no budgets.(Items such as lease renewal costs, dilapidations, repairs backlogs, and increases in the lease rentals)

We are continuing to report (as per Executive 2^nd Nov 2010) a cash saving of £17 million on existing budgets but over 25 years rather than 30 years which is an improvement on the previous cash saving reported in 2005.

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

“Can the Executive Leader explain what work is being done to ensure that the construction of the new Council HQ utilises local labour as much as possible?”

Reply:

“I have met with the developers for the Headquarters to examine how local businesses and local employment can benefit from this development at a critical time for the construction industry. They are keen to run a ‘Doing business with the HQ’ session in the Guildhall to make connections with local companies, and work is ongoing with the Higher York (Jessica Grant) and the progression of the Construction Academy to link local labour and training to the work needed during construction. I will be happy to keep the council informed of progress with this objective.”

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

“Will the Executive Leader agree to provide more Council owned space for Edible York to use?”

Reply:

At the launch of Edible York at a packed meeting at the Friends Meeting House on 19^th November I was very pleased to be able to give a commitment that the council would examine what plots of publicly accessible land could be designated for this work. There has been a very successful trial at a piece of land close to the Barbican, and there is opportunity to develop this across the city which will help to promote home grown food, the connection with healthy eating, and reduce the city’s environmental footprint. I have already asked the Chief Executive and Director of Communities and Neighbourhoods to come forward with sites that would be suitable for this use, and to ensure that any legal and insurance issues are dealt with.

(iv)       To the Executive Leader, from Cllr R Watson:

“Would the Leader of the Council indicate the total number of crimes committed in the City in each year since 2003?”

Reply:  ...  view the full minutes text for item 61.