Agenda item

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 of such appropriate terms, conditions and repayment period being delegated to the Director of CBSS.’

With the consent of Council, Cllr Waller also withdrew the recommendation set out under Minute 115 of the Executive meeting on 16 November in respect of the 2011-12 Budget Update 1 – Spending Review Implications, as it did not reflect the decisions made by the Executive on that item.

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

RESOLVED: That the recommendations contained in Minute 114 of the Executive meeting on 16 November 2010 (except for recommendation (v) under Minute 114) be approved. ³

Note: Cllr Galvin left the Chamber during consideration of the above recommendations, having declared a prejudicial interest in recommendation (v).

Cllr Waller then moved, and Cllr Runciman seconded, the following recommendations under Minute 127 of the Executive meeting held on 30 November 2010 (Award of Long Term Waste Management Service Contract 2):

“That Council agree to:

(i)                 support the award of the Waste Private Finance Initiative (PFI) by North Yorkshire County Council to AmeyCespa for the service operation period of 25 years, with an option to extend for up to 5 years;

(ii)               commit to make sufficient budgetary provision (£750k per annum growth from 2011/12 to 2015/16 inclusive) for the contract for its term, and determine the limits of the affordability envelope within which financial close may be agreed, as set out in paragraph 193 of the report;

(iii)             delegate authority to the Director of City Strategy (acting in consultation with the Director of Customer & Business Support Services and the Head of Civic, Democratic & Legal Services) to determine the final terms of the Waste Management Agreement between the County Council and City of York Council documents at commercial and financial close, as necessary, subject to the Agreement being within the affordability envelope agreed by Council;

(iv)             delegate authority to the Director of City Strategy (acting in consultation with the Leader, the Director of Customer & Business Support Services and the Head of Civic, Democratic & Legal Services) to execute on behalf of the City Council the Waste Management Agreement with North Yorkshire County Council;

(v)               authorise the Director of Customer & Business Support Services to issue the certificates under the Local Government (Contracts) Act 1997 to confirm the City Council’s powers to enter into the contract referred to in the above paragraph;

(vi)             give an indemnity to the Director of Customer & Business Support Services against any claim that may arise out of or in connection with the issue of the certificates under the Local Government (Contracts) Act 1997;

(vii)           note that, if the above is agreed, the Executive will take all such decisions as may be required out of or in connection with the implementation of the decision to award the PFI contract to AmeyCespa, including agreeing that financial close may proceed within the limits of the affordability envelope set by the Council.” ⁴

Cllr Taylor then moved, and Cllr D’Agorne seconded, an amendment to the above recommendations, as follows:

“Delete all from (i) to (vii) and substitute:

(i)                 defer any decision upon awarding the Waste PFI Contract by NYCC to AmeyCespa, for the time being, since it would be imprudent to make any firm decision at this time on committing the Council to a 25 year management contract until central government’s national review of waste management is completed;

(ii)               request officers, in the meantime, to undertake a formal assessment of an alternative waste strategy, not involving incineration (jointly with North Yorkshire County Council, and to present a comparative financial assessment to Full Council prior to making a final decision on the proposed AmeyCespa contract or any alternative.”

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

Cllr Vassie then moved, and Cllr D’Agorne seconded, another amendment to the recommendations, as follows:

“Delete all after ‘That Council’ and replace with:

‘(i)        Agree in principle to the proposals to build the facility contained within the long term waste management contract, including both MBT and incineration.

(ii)        Agree to delay the final decision on the contract for three months in order to:

a)                 allow the Council to re-consider the proposed location of the proposed plant, with a view to ensuring that the plant be sited near a rail network, to enable the plant to continue operating in an environmentally sustainable way as recycling increases and packaging reduces in future years; and

b)                 look to best practice around the UK and Europe regarding the siting of such plants close to conurbations where they can provide district heating to tens of thousands of homes and public buildings.’”

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

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

RESOLVED: That the recommendations contained in Minute 127 of the Executive meeting on 30 November 2010 be approved. ⁴

Note:  

• Cllrs Funnell and Merrett left the Chamber during consideration of the above recommendations, having declared prejudicial interests therein.
• Cllrs D’Agorne and Taylor requested that their votes against the above recommendations be recorded.