Agenda and minutes

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

The following prejudicial interests were declared:

Note:The above members left the room during the debate / vote on the relevant items and took no part in the decisions thereon.

The following personal interests were declared:

To approve and sign minutes of the Ordinary meeting of the Council on 29 March 2012, the Extraordinary meeting held on 24 April 2012 and the Annual Council meeting held on 24 May 2012.

RESOLVED:       That the minutes of the Ordinary meeting of Council on 29 March 2012, the Extraordinary meeting held on 24 April 2012 and the Annual Council meeting held on 24 May 2012 all be approved and signed as correct records.

The Lord Mayor asked Members to join him in congratulating Cllr David Horton on his well deserved receipt of the MBE for his work in the local community.

Members were also reminded that the Yorkshire Regiment would be undertaking a Freedom Parade in the city the following day. Mention was also made of the previous week’s Freedom Parade by the 2^nd Signal Regiment following their six month tour of Afghanistan which had been enjoyed by the civic party.

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 11 July 2012.

The Lord Mayor announced that 10 members of the public had registered to speak at the meeting.

Margaret Silcock spoke in support of making York a ‘Frack Free Zone’. Details of the practice which involved the hydraulic fracturing of underground rock following the injection of millions of gallons of water and chemicals to release gas was described together with the resultant pollution and acid rain seen in the United States. Earth tremors on the Fylde in Lancashire had been reported as part of exploration undertaken in the UK and, she asked that, until it had been proven that no hazards existed from these undertakings that members took all measures possible to make York a ‘Frack Free Zone’.

Richard Briggs spoke in relation to the forthcoming Police Commissioner elections, particularly to the lack of information being provided for voters to enable them to make an informed decision. Any appointments made would have a profound affect on policing both locally and nationally so a central website was felt insufficient to inform residents. He requested members to support the inclusion of candidates’ information in ‘Your Voice’, provide details on the Council’s website one month prior to the election and to provide information to Town and Parish Council’s on the additional measures taken to provide accessibility to all.

Dianne Willcocks spoke as a ‘gay grandma’ in support of the final Council motion on equal marriage rights. She spoke of the joys same sex couples brought to people’s lives and the need to fight discrimination. She asked members to be bold and support the motion, together with the flying of the rainbow flag over the Mansion House on Saturday 21 July for the York Pride 2012 march showing the authority’s full support for equality and fairness throughout the city.

Dan Sidley also spoke, in his capacity as Chair of York Pride, in support of the motion on equal marriage rights. He requested members to support the motion to improve the rights of lesbian, gay, bisexual and transgender couples and ending discrimination and allowing fairness and equality of human rights for all.

Colin Hall also spoke in favour of the motion and full equality for all residents. He confirmed his support for the previous speakers’ comments emphasising the importance of the rainbow flag and pointed out that this was a historic opportunity for the City of York Council to show their support and commitment for equality.

Katie Walker, Chair of the Youth Council, spoke in support of the petition, to be presented later in the meeting by Cllr Looker, for young people up to 18 years of age to use bus transport at weekends and during school holidays for a one pound fare. Transport was a key issue for young people, particularly the cost. She referred to low income families who were unable to support children who chose to stay on at school after 16 years of age and who were no longer eligible for a Yorzone card and having to pay full fares. Members  ...  view the full minutes text for item 17.

(i)           To debate a petition signed by 1,996 people organised by the Burnholme Parents Action Group against the proposed closure of the Burnholme Community College.

(ii)          To consider any petitions received from Members in accordance with Standing Order No.7.  To date, notice has been received of one such petition as follows:

·              A petition to be presented by Cllr Looker on behalf of the Youth Council requesting cheaper bus fares during school holidays.

A.          Petition from Burnholme Parents Action Group

In view of the number of signatories, over 1,996 people, the petition against the proposed closure of the Burnholme Community College, organised by the Burnholme Parents Action Group and presented to the Council in June, was then discussed by members.

Following lengthy debate, the Lord Mayor paid tribute to the work of the Burnholme Parents Action Group and their conduct during this difficult time.

The Lord Mayor confirmed that the petition and comment, made at the meeting, would be taken into account on 17 July when Cabinet members considered the representations on the proposal to close the College.

B.          Petitions Presented Under Standing Order 7

Under Standing Order 7, petitions were presented by:

i)             Cllr Looker on behalf of the Youth Council who were trying to secure a ‘ride around for a pound’ deal on bus transport for all young people (18 years and younger) in York. ^1.

ii)            Cllr Aspden on behalf of households in the Fulford area requesting more meaningful consultation on Germany Beck, as five years had passed since the planning application had been approved by the Planning Inspector. ^2.

iii)          Cllr Aspden on behalf of residents in the Fulford area requesting co-ordinated action to solve the parking problems in the Heslington Lane and Heath Moor Drive areas of Fulford. ^3.

iv)          Cllr Reid on behalf of residents of Ashbourne Way and Ashbourne Place, Woodthorpe requesting night time closure of snickets in Ashbourne Way owing to anti social behaviour in the area. ^4.

To consider the following urgent Notice of Motion under Standing Order 12.4:

(i)           From Cllr Alexander

“The Review of Children’s Congenital Cardiac Services in England undertaken by the NHS Specialised Services Safe and Sustainable Programme continues to be fully supported by the Council as a member of the Joint Health Overview and Scrutiny Committee, Yorkshire and the Humber.  We recognise that specialists centres providing 24/7 care are essential to ensure safe, high quality care in a highly specialised clinical area. 

However, we are concerned at the way the Meetings held by the JCPCT have been conducted.  They have not shared information, no papers were available at the final Meeting of the JCPCT held in London on Wednesday 4^th July, this meeting while, held in public, did not make available any of the documentation being considered by them, and the agenda was only published on Friday 29^th June at 17.40 hours.  

CYC therefore request a Meeting with the Secretary of State for Health, Mr Andrew Lansley to share these concerns which do not comply with Department of Health Guidance on openness in the NHS, and for Mr Lansley to give answers to the many unanswered questions put to the JCPCT by the Yorkshire and Humber Overview and Scrutiny Committee.”

(i)           From Cllr Alexander

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

“Council unanimously supported a previous motion in April 2011, to lobby for the retention of the Children’s Heart Unit at Leeds General Infirmary.

The Review of Children’s Congenital Cardiac Services in England undertaken by the NHS Specialised Services Safe and Sustainable Programme continues to be fully supported by the Council as a member of the Joint Health Overview and Scrutiny Committee, Yorkshire and the Humber.  We recognise that specialists centres providing 24/7 care are essential to ensure safe, high quality care in a highly specialised clinical area. 

However, we are concerned at the way the Meetings held by the JCPCT have been conducted.  They have not shared information, no papers were available at the final Meeting of the JCPCT held in London on Wednesday 4^th July, this meeting while, held in public, did not make available any of the documentation being considered by them, and the agenda was only published on Friday 29^th June at 17.40 hours.  

CYC therefore request a Meeting with the Secretary of State for Health, Mr Andrew Lansley to share these concerns which do not comply with Department of Health Guidance on openness in the NHS, and for Mr Lansley to give answers to the many unanswered questions put to the JCPCT by the Yorkshire and Humber Overview and Scrutiny Committee.”

The Lord Mayor confirmed that all parties on the Council had agreed that no debate was necessary as there was all party support for the sentiments in the motion.

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

RESOLVED:       That the above notice of motion be approved. ^1.

To consider a report and motion from the Cabinet Member for Planning, Transport and Sustainability asking Council to instruct officers to undertake the necessary formal steps to withdraw the LDF Core Strategy from the Examination process.

Cllr Alexander, presented the written report and motion of the Cabinet Member for Planning, Transport and Sustainability asking Council to instruct officers to undertake the necessary formal steps to withdraw the LDF Core Strategy from the Examination process.

Cllr Alexander then moved the motion to withdraw the Core Strategy, which was seconded by Cllr Merrett.

RESOLVED:       That the motion in respect of the LDF Core Strategy be approved. ^1.

To receive and consider a written report from the Leader on the work of the Cabinet.

A written report was received from the Cabinet Leader, Cllr James Alexander, on the work of the Cabinet.

A       Questions

Notice had been received of seven questions on the written report, submitted by Members in accordance with Standing Orders. Details of a further five questions received from Cllr Steward also in relation to the Leader’s report were circulated at the meeting. The first five questions were put and answered at the meeting and Cllr Alexander undertook to provide Members with written answers to the remaining questions.

To consider the following recommendations for approval from the Member Development Steering Group:

As Chair of the Steering Group, Cllr Douglas moved, and Cllr Runciman seconded, the following recommendations contained in Minute 38 of the meeting of 8 March 2012:

“That Council approves:

(i)           The name change of the Committee to “Member Support Steering Group”.

(ii)          The proposed changes to the future remit of the Steering Group.”

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

RESOLVED:                That the recommendations in Minute 38 of the Member Development Steering Group meeting held on 8 March 2012 be approved. ^1.

To consider the following recommendations for approval from the Standards Committee:

As Vice Chair of the Standards Committee, Cllr Scott moved, and Cllr Runciman seconded, the following recommendations contained in Minutes 8, 9 and 10 of the meeting of that committee held on 26 June 2012:

8. Code of Conduct

                             “(i)     [That Council], subject to the amendments

detailed in the report, approve the draft Code of Conduct and the revised copy be submitted to Council for adoption.

(ii)     That the new Code of Conduct be kept under review by the new Joint Standards Committee. ^1.

9. Joint Committee

                             “(i)     [That Council] confirm its agreement to

 the establishment of the Joint Committee with the terms of reference as annexed to the report (subject to the amendment detailed in the minutes).

(ii)     That the powers to deal with dispensations be delegated to the Joint Committee. 

(iii)    That the Monitoring Officer be appointed as Proper Office for the purpose of receiving applications for dispensation.” ^2.

10. Transitional Provisions and Implementation of Arrangements

                             “That as an interim measure, the three existing independent Members carry out the Independent Person role pending the appointment of two Independent Persons at the Council meeting in October.” ^3.

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

RESOLVED:       That the recommendations in Minutes 8, 9 and 10 of the Standards Committee meeting held on 26 June 2012 be approved.

To receive the Annual Scrutiny Report from Councillor Wiseman, the Chair of the Corporate and Scrutiny Management Committee (CSMC) on the work of the Committee during the 2011 -12 municipal year.

Council received the Annual Scrutiny Report from Cllr Wiseman, Chair of the Corporate and Scrutiny Management Committee, on the work of the committee during the 2011/12 municipal year.

Councillor Wiseman then moved, and Cllr Runciman seconded acceptance of the report and it was

RESOLVED:       That the Annual Scrutiny Report be received and noted.

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

Council received a written report from Cllr Fraser, Cabinet Member for Environmental Services.

Notice had been received of thirteen questions on the report, submitted by Members in accordance with Standing Orders. Details of a further seven questions received for the Cabinet Member from Cllr Steward were also circulated at the meeting. The first three questions were put and answered at the meeting and Cllr Fraser undertook to provide written answers to the remaining questions.

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://modgov.york.gov.uk/mgListOutsideBodies.aspx?bcr=1

Copies may also be obtained by contacting Democracy Support Group at the Guildhall, York (tel. 01904 551088)

·        York NHS Trust – 20/02/12

·        Safer York Partnership – 02/04/12

·        Police Authority – 12/12/11

·        Quality Bus Partnerships – 18/06/12

·        Yorkshire Purchasing Organisation – 23/03/12

·        Local Government North Yorkshire & York – 20/01/12

·        Local Government Yorkshire & Humber – Minutes from Various Meetings from October 2011 to May 2012

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

·        York NHS Trust – 20/02/12

·        Safer York Partnership – 02/04/12

·        Police Authority – 12/12/11

·        Quality Bus Partnerships – 18/06/12

·        Yorkshire Purchasing Organisation – 23/03/12

·        Local Government North Yorkshire & York – 20/01/12

·        Local Government Yorkshire & Humber – Minutes from Various Meetings from October 2011 to May 2012

No questions had been submitted to representatives on outside bodies.

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. ^1.

To consider the following Notices of Motion under Standing Order 12:

A – Motions referred from the Cabinet 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 Barnes

 “Council recognises that all York residents should be treated equally and should not be barred from any aspect of civil society either because of their beliefs, race, disability or sexual orientation. Council notes the recent Government consultation on extending the legal form of marriage to same-sex couples, and the commitment of City of York Council to equal rights for lesbian, gay, bisexual and transgendered persons.

Council acknowledges and welcomes the positive efforts of the last Government to support lesbian, gay, bisexual and transgender rights, including:

• Equal legal age of consent;
• Adoption rights for same-sex couples;
• Fertility treatment rights;
• Introduction of civil partnerships for same-sex couples

Council supports the current Prime Minister’s efforts to build on this progress, and legislate for equal Civil Marriage and also calls for equal Civil Partnerships

Council requests:

·        that the Chief Executive write to Hugh Bayley MP and Julian Sturdy MP requesting they vote in favour of any Parliamentary vote supporting the equal marriage rights of lesbian, gay, bisexual and transgendered couples to bring any proposed legislation to a reality and that they lobby for equal Civil Partnerships 

·        ensures York Pride 2012 and Parade for Equal Marriage on Saturday 21^st July is publicised via all CYC communications and that the ‘rainbow’ flag be displayed at  the top of the Mansion House on the day.”

(ii)                  From Cllr Doughty

“Council recognises that urgent action is needed to address the desperate shortage of house building in the city.

Council notes that this stagnation is having a particularly detrimental effect on first time buyers and those seeking genuinely affordable accommodation whether that be rental, shared ownership or otherwise.  Developers have long claimed that the targets for the number of affordable homes required in larger developments make such schemes unviable and statistics back this claim.

Council therefore seeks to stimulate local growth and employment in York.  It agrees to implement the following policy with immediate effect:-

A reduction to 10% of the affordable housing component on all brownfield site planning applications for developments of ten or more properties throughout the city.  This policy shall be reviewed 24 months from inception.”

(iii)             From Cllr Reid

“Council notes that over recent weeks 349 litter and dog bins have been removed from the city’s streets without any prior consultation with ward councillors, local residents or Parish Councils. This move has sparked widespread anger and all opposition groups have expressed concern over the cuts.

Council believes these are unnecessary cuts to frontline services that will increase litter and fly-tipping, lead to a general deterioration in the look and feel of our streets, and fatally undermine the legacy of York Pride.

Council resolves to instruct officers to work in collaboration with ward councillors, residents and where applicable Parish Councils to  ...  view the full agenda text for item 28.

(i)                   North Yorkshire Police and Crime Commissioner

It was moved by Cllr Williams and seconded by Cllr D’Agorne  that:

“This Council calls upon the Chief Executive to facilitate the inclusion in Your Voice an article which includes the names, addresses and websites for each candidate for the position of York and North Yorkshire Police and Crime Commissioner. It further calls upon her to ensure that the relevant issue of Your Voice is distributed to all households in the City of York Council area in good time before the 15^th November election for the PCC post along with supporting information to explain the role of the Police and Crime Commissioner.”

Councillor Healey then moved and Cllr Galvin seconded, an amendment to the above motion as follows:

In the second sentence –

Delete the words “in good time” and replace with “after the publication of persons nominated on 23 October 2012 and”

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

The motion, as amended, now reads as follows:

“This Council calls upon the Chief Executive to facilitate the inclusion in Your Voice an article which includes the names, addresses and websites for each candidate for the position of York and North Yorkshire Police and Crime Commissioner. It further calls upon her to ensure that the relevant issue of Your Voice is distributed to all households in the City of York Council area after the publication of persons nominated on 23 October 2012 and before the 15^th November election for the PCC post along with supporting information to explain the role of the Police and Crime Commissioner.”

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

RESOLVED:                That the above notice of motion, as amended, be approved. ^1.

(ii)                  Affordable Housing

Cllr Doughty had submitted the following motion:

“Council recognises that urgent action is needed to address the desperate shortage of house building in the city.

Council notes that this stagnation is having a particularly detrimental effect on first time buyers and those seeking genuinely affordable accommodation whether that be rental, shared ownership or otherwise.  Developers have long claimed that the targets for the number of affordable homes required in larger developments make such schemes unviable and statistics back this claim.

Council therefore seeks to stimulate local growth and employment in York.  It agrees to implement the following policy with immediate effect:-

A reduction to 10% of the affordable housing component on all brownfield site planning applications for developments of ten or more properties throughout the city.  This policy shall be reviewed 24 months from inception.”

Cllr Merrett, as Cabinet Member for Planning Transport and Sustainability, moved, and Cllr Potter seconded referral of this motion, to Cabinet via the Local Development Working Group as part of an officer report, to include information on the appropriateness of the policy.

On being put to the vote the motion was declared CARRIED.

RESOLVED:       That the above motion be referred to Cabinet via the  ...  view the full minutes text for item 28.

To deal with the following questions to the Cabinet Leader and / or other Cabinet Members, in accordance with Standing Order 11.3(a):

(i)           To the Cabinet Leader from Cllr Steward:

“What evidence has he that people want to see greater regional powers devolved to Yorkshire and the Humber and what specific powers he would like to see?”

(ii)          To the Cabinet Leader from Cllr Steward:

“Can you dismiss rumours that you only ever want to be associated with good news by detailing which York City matches you attended prior to their recent two trips to Wembley?”

(iii)        To the Cabinet Leader from Cllr Barton:

“Can the Leader tell Council how much of the Delivery and Innovation fund has been allocated since its inception and to whom?”

(iv)        To the Cabinet Leader from Cllr Taylor:

 “What does the Leader plan to do to try to compensate for the £50M* annual loss of trade to the city centre that will be caused by the new Monk's Cross retail development?”

* figure indicated in Drivers Jonas report to Planning Committee.

(v)         To the Cabinet Leader from Cllr Taylor:

“ What are the monthly figures for the last 12 months for the number of empty shops in York city centre?”

(vi)        To the Cabinet Leader from Cllr Taylor:

“What plans does the Leader have to extend the membership of the new ‘City Team’ which replaces the Retail Strategy Group to include a broader cross-section of York residents and city centre stakeholders, such as representatives of the heritage, tourism, education and cultural sectors as well as the voluntary sector, transport groups, disability groups and city centre residents?”

(vii)       To the Cabinet Leader from Cllr Taylor:

“What is the outcome so far of the negotiations that the Council has been conducting with Centros/La Salle about the Castle/Piccadilly development following the Monk's Cross decision?”

(viii)     To the Cabinet Leader from Cllr Taylor:

“Can the Leader guarantee that whatever is negotiated regarding Castle/Piccadilly, that the Council will deliver a public park on the site of the Castle Car Park in keeping with the wishes of the majority of citizens of York?”

(ix)        To the Cabinet Leader from Cllr Runciman:

“Will the Council Leader ensure he abides by motions passed by this Council and provides an update at every Council meeting on the Sports Village Pool and the new Council HQ?”

(x)         To the Cabinet Leader from Cllr Runciman:

“Would the Council Leader please indicate how – and by whom - the specification for the fittings, fixtures and furnishings required at the new Council HQ is being drawn up, what the agreed budget is for each service/activity area. Would he explain how he intends to monitor the prudent use of the budgets that have been provided for this part of the HQ project and how he intends to update Council members and residents on the progress being made?”

(xi)        To the Cabinet Leader from Cllr Reid:

“Does the Council Leaderagree with decision to  ...  view the full agenda text for item 29.

Fifty two questions had been submitted to the Cabinet Leader and Cabinet Members under Standing Order 11.3(a). The guillotine having fallen at this point, the Cabinet Members undertook to provide Members with written answers to these questions.