Agenda and minutes

(a)  The Lord Mayor reported that letters of congratulation had been sent to Leeds’ citizens who had been the recipients of honours in the New Year.

(b)  Further to the resolution of Council on 19^th November 2008 the Lord Mayor announced that there would be a civic reception for Leeds Rhinos on 27^th February 2009.

(c)  The Lord Mayor and Council offered best wishes to Councillor Congreve on this, his birthday.

(d)  The Lord Mayor announced proposed memorial celebrations for former Councillor Norma Hutchinson to be held on 8^th February 2009.

(e)  The Lord Mayor advised Council that permission had been given for the filming of the first deputation at this meeting of Council.

To confirm the minutes of the Council Meeting held on 19^th November 2008.

It was moved by Councillor Bentley seconded by Councillor Gruen and

RESOLVED – That the minutes of the Council meeting held on 19^th November 2008 be approved.

To receive any declarations of interest from Members

The Lord Mayor announced that a list of written declarations submitted by Members was on deposit in the public galleries and had been circulated to each Member’s place in the Chamber.

Following an invitation to declare further individual interests, declarations in accordance with the Council’s Code of Conduct were made as follows:

(a)  Members declared personal interests in minute 63(b) of this meeting as follows:

  Councillor Wilkinson Members of Wetherby Town Council

  and Lamb

(b)  Members declared personal interests in minute 66 of this meeting as follows:

  Councillor A Blackburn  Director of West/North West Homes ALMO

  Councillor T Murray  Member of the Garforth Schools

  Partnership Trust

(c)  Councillor Anderson declared a personal interest in minute 69 of this meeting as a Director of Green Leeds Ltd and member of Leeds Initiative, Climate Change.

(d)  Members declared personal interests in minute 68 of this meeting as follows:

  Councillor A Castle  Employed by a firm that is regulated by the

  Financial Services Authority

  Councillor W Hyde  Has filed a complaint with the Financial

  Ombudsman

(e)  Councillors A Hussain, Iqbal and Rafique declared personal and prejudicial interests in minute 71 of this meeting as landlords.

(f)  Further declarations made during the meeting are referred to in minutes 67 (Councillor G Hyde) and 68 (Councillor Davey).

To receive deputations in accordance with Council Procedure Rule 10

Five deputations were admitted to the meeting and addressed Council as follows:

1  Pupils of Boston Spa School on Matters Referred to in the “Mayor For The Day” Manifesto - Leeds Arena

2  Social Service Users Claiming a Lack of Realistic Thinking on the Part of Adult Social Care Management

3  Kippax Amateur Swimming Club Regarding the Potential Closure of Kippax Leisure Centre

4  ‘Leeds Schools Together’ Opposing Proposals for Academies in Leeds

5  Six Local Community Associations and Action Groups with Regard to the Future of the West Park Centre

RESOLVED – That the subject matter of deputation 1 be referred to the Leader of Council and that of the other four deputations be referred to the Executive Board for consideration.

To consider the following reports admitted to the agenda by (a) the Chief Executive and (b) the Director of Resources under Council Procedure Rule 2.2(f):

(a)  That the report of the Assistant Chief Executive (Corporate Governance) submitted in accordance with Executive Procedure Rule 1.4(b) and relating to the withdrawal of concurrent delegation to the Chief Officer (Children and Families) be noted.

S BENTLEY

(b)  That the report of the Director of Resources on the calculation of the Council Tax Base for 2009/2010 for the purpose of calculating the Council Tax be approved.

A CARTER

(a)  Amendment to the Constitution

  It was moved by Councillor Bentley seconded by Councillor J Procter and

  RESOLVED - That the report of the Assistant Chief Executive (Corporate Governance) submitted in accordance with Executive Procedure Rule 1.4(b) and relating to the withdrawal of concurrent delegation to the Chief Officer (Children and Families) be noted.

(b)  Council Tax Base

  It was moved by Councillor A Carter seconded by Councillor Bentley and

  RESOLVED – That in accordance with the Local Authorities (Calculation of Tax Base) Regulations 1992 (as amended), the amount calculated by the Council as its Council Tax Base for the year 2009/2010 shall be 235,314 and for each parish as listed below:

To deal with questions in accordance with Council Procedure Rule 11

1.  Councillor Mulherin to the Executive Member (Central and Corporate)

Does the Deputy Leader agree with me it is vital at all times, but especially in times of difficulty that Council leaders show strong leadership

  The Executive Member (Central and Corporate) replied.

2  Councillor Hamilton to the Executive Member (Central and Corporate)

Would the Executive Member responsible for Finance care to comment on how the recent changes in taxation introduced by the government will assist the people of Leeds in coping with the economic slow down?

The Executive Member (Central and Corporate) replied.

3  Councillor Bale to the Leader of Council

Would the Leader of Council care to comment on recent press comments made by Sheffield MPs and the operating company Sheffield Arena relating to our successful pursuit of an arena for Leeds?

The Leader of Council replied.

4  Councillor Finnigan to the Leader of Council

Would the Leader of Council join me is welcoming Holocaust Memorial Day in February as an opportunity to reflect on the evils of Nazism and Fascism.

The Leader of Council replied.

5  Councillor A Blackburn to the Executive Member (Environmental Services)

  Will the Executive Member for Environmental Services inform me when his department is going to update the information given on the Council’s website?

  The Executive Member (Environmental Services) replied.

6  Councillor Beverley to the Leader of Council

Will the leader of council join me in welcoming the custodial sentence handed down to the criminal leftist thug Daniel Searle of Roundhay Road, Harehills, who was this month jailed for attacking the home of a British National Party member, and will he confirm that this council utterly condemns all acts of violence, persecution, harassment, and discrimination committed against its citizens purely on the basis of their religious or political beliefs?

  The Leader of Council replied.

7  Councillor Wakefield to the Executive Member (Central and Corporate)

Can the Executive Board member for Central and Corporate confirm that the Council will continue to be committed to narrowing the gap?

The Executive Member (Central and Corporate) replied.

8  Councillor Rhodes-Clayton to the Executive Member (Environmental Services)

In view of recent press coverage surrounding recycling, would the Executive Board member like to comment on Leeds City Council’s performance?

The Executive Member (Environmental Services) replied.

9  Councillor W Hyde to the Executive Member (Environmental Services)

Will the Executive Member for Environmental Services join me in deploring the appalling misinformation regarding council waste management policy distributed to residents of Halton Moor and will he take the opportunity to set the record straight?

  The Executive Member (Environmental Services) replied.

10  Councillor Finnigan to the Executive Member (Leisure)

Would the Executive Member for Leisure update me on progress with the new Morley Leisure Centre?

The Executive Member (Leisure) replied.

11  Councillor Parnham to the Executive Member (Environmental Services)

Will the Executive Member for Environmental Services inform me when the new stickers giving the dates of the green bin collections are going to be distributed?

The Executive Member (Environmental Services) replied.

12  Councillor  ...  view the full minutes text for item 64.

That the report of the Assistant Chief Executive (Corporate Governance) on recommendations of the General Purposes Committee in relation to amendments to Scrutiny Board Procedure Rules be approved.

A CARTER

It was moved by Councillor A Carter seconded by Councillor Brett and

RESOLVED - That the recommendations of the General Purposes Committee in relation to amendments to Scrutiny Board Procedure Rules as detailed in the report of the Assistant Chief Executive (Corporate Governance)  be approved.

That the minutes submitted in accordance with Council Procedure Rule 2.2(o) be received.

          A CARTER

It was moved by Councillor A Carter seconded by Councillor Bentley

That the minutes submitted to Council in accordance with Council Procedure Rule 2.2(o) be received.

An amendment (reference back) was moved by Councillor Wakefield seconded by Councillor Blake

To add the following words at the end of item 8:

"but to ask the Executive Board to reconsider the decision in relation to the Vision for Council Leisure Centres as contained in Minute 154 of the Executive Board minutes of the 3^rd December 2008”.

The amendment was lost and upon the motion being put to the  vote it was

RESOLVED – That the minutes submitted to Council in accordance with Council Procedure Rule 2.2(o) be received.

Council Procedure Rule 4 providing for the winding up of business was applied prior to all notified comments on the minutes having been debated.

On the requisition of Councillors Gruen and Taggart the voting on the amendment was recorded as follows:

YES

Armitage, Atha, Blake, Congreve, Coulson, Coupar, Davey, Dobson, Dowson, Driver, Dunn, Gabriel, Grahame, Gruen, Hanley, Harington, A Hussain, G Hyde, Illingworth, Iqbal, Jarosz, J Lewis, R Lewis,  Lowe, Lyons, A McKenna, J McKenna, Morgan, Mulherin, Murray, Nash, Ogilvie, Parker, Rafique, Renshaw, Selby, Taggart, E Taylor, Wakefield, Yeadon

  40

NO

Anderson, Andrew, Bale, Barker, Bentley, A Blackburn, D Blackburn, Brett, Campbell, A Carter, J L Carter,  Castle, Chapman, Chastney, Cleasby, Downes, Elliott, Ewens, Mrs R Feldman, R D Feldman, Finnigan, Fox, Gettings, Golton, Grayshon, Hamilton, Harker, Harrand, Hollingsworth, K Hussain, W Hyde, Kendall, Kirkland, Lamb, Lancaster, Leadley, Lobley, Marjoram, Matthews, Monaghan, Parnham, J Procter, R Procter, Pryke, Rhodes-Clayton, Shelbrooke, Smith, A Taylor, Wadsworth, Wilkinson, Wilson

  51

ABSTAIN

  0

(The meeting was suspended at 4.55 pm and resumed at 5.25 pm)

This council supports the continued use of the West Park Centre for youth and community work, and resolves to remove it from the list of sites for disposal.

J  ILLINGWORTH

It was moved by Councillor Illingworth seconded by Councillor Blake

That this council supports the continued use of the West Park Centre for youth and community work, and resolves to remove it from the list of sites for disposal.

An amendment was moved by Councillor A Carter seconded by Councillor Hamilton

Delete everything after  “This Council” and insert the following:

“welcomes the commitment made by the administration to retain the green space around the West Park Centre and the constructive discussions taking place with the Weetwood Ward members, to keep facilities for Youth and Community work on site at the West Park Centre.

Council further notes that the West Park Centre has not been declared surplus to requirements and is therefore not being marketed.”

The amendment was carried and upon being put at the substantive motion it was

RESOLVED UNANIMOUSLY – That this Council welcomes the commitment made by the administration to retain the green space around the West Park Centre and the constructive discussions taking place with the Weetwood Ward members, to keep facilities for Youth and Community work on site at the West Park Centre.

Council further notes that the West Park Centre has not been declared surplus to requirements and is therefore not being marketed.

On the requisition of Councillors Lyons and Gabriel the voting on the amendment was recorded as follows:

YES

Anderson, Andrew, Bale, Barker, Bentley, Brett, Campbell, A Carter, J L Carter, Castle, Chapman, Chastney, Cleasby, Downes, Elliott, Ewens, Mrs R Feldman, R D Feldman, Finnigan, Golton, Hamilton, Harker, Harrand, Hollingsworth, W Hyde,  Kendall, Kirkland, Lamb, Lancaster, Lobley, Marjoram, Matthews, Monaghan, J Procter, R Procter, Pryke, Rhodes-Clayton, Shelbrooke, Smith, A Taylor, Townsley, Wadsworth, Wilkinson, Wilson

  44

NO

Armitage, Atha, A Blackburn, Blake, Congreve, Coulson, Coupar, Davey, Dobson, Dowson, Driver, Dunn, Gabriel, Grahame, Gruen, Hanley, Harington, A Hussain, G Hyde, Illingworth, Iqbal, Jarosz, J Lewis, R Lewis, Lowe, Lyons, A McKenna, J McKenna,  Morgan, Mulherin, Murray, Nash, Ogilvie, Parker, Parnham, Rafique, Renshaw, Selby, Taggart, E Taylor, Wakefield, Yeadon

  42

ABSTAIN

Beverley, D Blackburn

  2

On the requisition of Councillors Bentley and Brett the voting on the substantive motion was recorded as follows:

YES

Armitage, Anderson, Andrew, Atha, Bale, Barker, Bentley, Beverley, A Blackburn, D Blackburn, Blake, Brett, Campbell, A Carter, J L Carter, Castle, Chapman, Chastney, Cleasby, Congreve, Coulson, Coupar, Davey, Dobson, Downes, Dowson, Driver, Dunn, Elliott, Ewens, Mrs R Feldman, R D Feldman, Finnigan, Gabriel, Golton,  Grahame, Gruen, Hamilton, Hanley, Harington, Harker, Harrand, Hollingsworth, A Hussain, G Hyde, W Hyde,  Illingworth, Iqbal, Jarosz, Kendall, Kirkland, Lamb, Lancaster, J Lewis, R Lewis, Lobley, Lowe, Lyons, Marjoram, Matthews, A McKenna, J McKenna, Monaghan, Morgan, Mulherin, Murray, Nash, Ogilvie, Parker, Parnham, J Procter, R  ...  view the full minutes text for item 67.

This Council notes the present crisis within the banking sector and its significant impact on many Leeds residents who work in the financial services industry as well as local tax payers.

This Council agrees that thorough root and branch reform of the regulatory processes is required to avoid a similar crisis occurring in the future.

This Council requests the Chief Executive to write to the Chancellor of the Exchequer and Leeds MPs to demand a full review of the Financial Services Authority and all associated financial regulatory legislation.

R FINNIGAN

It was moved by Councillor Finnigan seconded by Councillor D Blackburn

That this Council notes the present crisis within the banking sector and its significant impact on many Leeds residents who work in the financial services industry as well as local tax payers.

This Council agrees that thorough root and branch reform of the regulatory processes is required to avoid a similar crisis occurring in the future.

This Council requests the Chief Executive to write to the Chancellor of the Exchequer and Leeds MPs to demand a full review of the Financial Services Authority and all associated financial regulatory legislation.

An amendment was moved by Councillor Hanley seconded by Councillor Taggart

Delete all after “This Council” and replace with

“notes the present national and international crisis within the banking sector is having a significant impact on many Leeds residents and business's.

This Council agrees that the “credit crunch” was started in the US and has spread throughout the world and believes that a thorough review of international regulation and the regulatory processes is required to avoid a similar crisis occurring in the future.

This Council condemns the greed which has precipitated this crisis and this council commits to do all it can to help Leeds people, whose jobs and incomes are affected, furthermore council requests the Chief Executive to write to the Chancellor of the Exchequer and Leeds MPs to demand that a full national and international review of financial regulatory legislation is undertaken.”

The amendment was lost and upon the motion being put to the vote it was

RESOLVED – That this Council notes the present crisis within the banking sector and its significant impact on many Leeds residents who work in the financial services industry as well as local tax payers.

This Council agrees that thorough root and branch reform of the regulatory processes is required to avoid a similar crisis occurring in the future.

This Council requests the Chief Executive to write to the Chancellor of the Exchequer and Leeds MPs to demand a full review of the Financial Services Authority and all associated financial regulatory legislation.

On the requisition of Councillors Finnigan and D Blackburn the voting on the motion was recorded as follows:

YES

Anderson, Andrew, Armitage, Atha,  Bale, Barker, Bentley, Beverley, A Blackburn, D Blackburn, Blake, Brett, Campbell, A Carter, J L Carter, Castle, Chapman, Chastney, Cleasby, Congreve, Coulson, Coupar, Dobson, Downes, Dowson, Driver, Elliott, Ewens, Mrs R Feldman, R D Feldman, Finnigan, Gabriel, Golton, Grahame, Gruen, Hamilton, Harington, Harker, Harrand, Hollingsworth, A Hussain, G Hyde, W Hyde, Illingworth, Iqbal, Jarosz, Kendall, Kirkland, Lamb, Lancaster, J Lewis, R Lewis, Lobley, Lowe, Lyons, Marjoram, Matthews, A McKenna, J McKenna, Monaghan, Morgan, Mulherin, Murray, Nash, Ogilvie, Parker, Parnham, J Procter, R Procter, Pryke, Rafique, Renshaw, Rhodes-Clayton, Selby, Shelbrooke, Smith, Taggart, A Taylor, E Taylor, Townsley, Wadsworth, Wakefield, Wilkinson,  ...  view the full minutes text for item 68.

This Council believes that tax incentives should be provided for householders who wish to supply carbon free energy to their homes by the use of renewable technologies. This council further believes that energy generated from these renewable sources should be purchased by utility companies at a fixed rate.

This Council resolves to ask the Council’s Chief Executive and all Leeds MPs to make representations to the Government requesting that it introduces legislation which would enable taxpayers to offset the capital cost of installing renewable energy technologies against their tax liabilities.

J  MONAGHAN

It was moved by Councillor Monaghan seconded by Councillor Chastney

That this Council believes that tax incentives should be provided for householders who wish to supply carbon free energy to their homes by the use of renewable technologies. This council further believes that energy generated from these renewable sources should be purchased by utility companies at a fixed rate.

This Council resolves to ask the Council’s Chief Executive and all Leeds MPs to make representations to the Government requesting that it introduces legislation which would enable taxpayers to offset the capital cost of installing renewable energy technologies against their tax liabilities.

An amendment was  moved by Councillor Ogilvie seconded by Councillor Illingworth

Delete all after “This Council” and replace with

“believes that incentives should be provided for householders who wish to supply carbon free energy to their homes by the use of renewable technologies. This council welcomes the fact this Government’s Energy Act includes powers to introduce a fixed rate (feed in tariff) for micro generation from renewable sources.

To support these measures contained in the Energy Act this Council resolves to ask the Director of Neighbourhoods and Housing to urgently commission his officers to write a report for the Executive Board explaining how this Council can working with other funding authorities support Leeds residents with the capital costs of installing renewable energy technologies.”

The amendment was lost and upon the motion being put to the vote it was

RESOLVED - That this Council believes that tax incentives should be provided for householders who wish to supply carbon free energy to their homes by the use of renewable technologies. This council further believes that energy generated from these renewable sources should be purchased by utility companies at a fixed rate.

This Council resolves to ask the Council’s Chief Executive and all Leeds MPs to make representations to the Government requesting that it introduces legislation which would enable taxpayers to offset the capital cost of installing renewable energy technologies against their tax liabilities.

(The Lord Mayor required that the vote on the amendment be verified by use of the electronic voting system)

This Council believes that local democracy and civic governance are strengthened and improved by quality local daily newspapers, and that the Yorkshire Evening Post is a Leeds institution whose contribution to the city is vital. This council also understands that the staff of the Yorkshire Evening Post and the Leeds based Yorkshire Post are currently engaged in negotiations with management at the newspaper to prevent compulsory redundancies and an imposed wage freeze.

Council notes that Johnston Press who own the Yorkshire Evening Post have pursued a high risk expansion policy which now sees them owe more than £460 million whilst the company’s market value is only £77 million. Council believes that these financial decisions are responsible for the threat to jobs in Leeds. Council further notes that Johnston Group made a 29 per cent profit in 2007, and that they have an operating profit of £81.6 million on revenue of £293 million for January to June last year.

Council finally resolves that should negotiations fail they will offer all legitimate support for any industrial action that the National Union of Journalists, employed by Yorkshire Post Newspapers, sanction in order to fight these compulsory redundancies and the wage freeze. This council believes redundancies and wage freezes will damage the YEP.

K  WAKEFIELD

Under the provisions of Council Procedure Rule 14.10(a) leave of Council was given to Councillor Wakefield to amend the motion in his name by the deletion of the second paragraph.

It was moved by Councillor Wakefield seconded by Councillor Gruen and

RESOLVED – That Council Procedure Rule 3.1(d) be suspended to allow Councillor Wakefield to read a brief statement prior to the voting on this matter.

It was moved by Councillor J Procter seconded by Councillor J L Carter and

RESOLVED – That Council Procedure Rule 3.1(d) be further suspended to allow that this matter be debated in full.

It was moved by Councillor Wakefield seconded by Councillor Nash

That this Council believes that local democracy and civic governance are strengthened and improved by quality local daily newspapers, and that the Yorkshire Evening Post is a Leeds institution whose contribution to the city is vital. This council also understands that the staff of the Yorkshire Evening Post and the Leeds based Yorkshire Post are currently engaged in negotiations with management at the newspaper to prevent compulsory redundancies and an imposed wage freeze.

Council finally resolves that should negotiations fail they will offer all legitimate support for any industrial action that the National Union of Journalists, employed by Yorkshire Post Newspapers, sanction in order to fight these compulsory redundancies and the wage freeze. This Council believes redundancies and wage freezes will damage the YEP.

An amendment was moved by Councillor Brett seconded by Councillor A Carter

Replace ‘believes’ [after This Council] as follows

‘ is extremely concerned about the loss of jobs across all sectors of industry and commerce in this city and the distress that this is causing.

Whilst Council fully understands the commercial pressures which local businesses are subjected to during this recession we believe’

Replace all after ‘thatlocal democracy and civic governance are strengthened and improved by quality local’ as follows

‘media including locally based daily and weekly newspapers, as well as locally based broadcast media news programmes.

In the light of this Council is concerned by the recent relocation of print operations from Leeds to South Yorkshire and also by reports of a reduction in journalists at the Yorkshire Post newspaper group and the OFCOM proposals to reduce the requirement on ITV to broadcast regional news programmes.

Council therefore requests the Chief Executive to write to Yorkshire Post Newspapers and ITV expressing our concerns about the proposed reductions in their operations’

The amendment was carried and upon being put to the vote as the substantive motion it was

RESOLVED – That this Council is extremely concerned about the loss of jobs across all sectors of industry and commerce in this city and the distress that this is causing.

Whilst Council fully understands the commercial pressures which local businesses are subjected to during this recession we believe that local democracy and civic governance are strengthened and improved by quality local media including locally based daily and weekly newspapers, as well as locally based broadcast media  ...  view the full minutes text for item 70.

Council notes with concern reports on the BBC's Watchdog programme concerning the non return of deposits to student tenants by landlords.  In spite of a number of court rulings, Council notes that many students have still not had their deposits returned.  Council regrets the damage that such situations bring to the reputation of Leeds as a student friendly city.

Council recognises the good work being done through the Leeds Landlord Accreditation Scheme, and Council will continue to look at ways in which it can use its existing powers to tackle these issues but believes that the government should introduce stronger legislation to allow Local Authorities to deal with this problem more effectively.

Council therefore asks the Council's Chief Executive to draw the attention of the Secretary of State to the case highlighted on the programme and to ask the government what further action it proposes to take to prevent landlords acting in the rogue manner claimed in the programme.

M HAMILTON

It was moved by Councillor Hamilton seconded by Councillor J L Carter

That Council notes with concern reports on the BBC's Watchdog programme concerning the non return of deposits to student tenants by landlords.  In spite of a number of court rulings, Council notes that many students have still not had their deposits returned.  Council regrets the damage that such situations bring to the reputation of Leeds as a student friendly city.

Council recognises the good work being done through the Leeds Landlord Accreditation Scheme, and Council will continue to look at ways in which it can use its existing powers to tackle these issues but believes that the government should introduce stronger legislation to allow Local Authorities to deal with this problem more effectively.

Council therefore asks the Council's Chief Executive to draw the attention of the Secretary of State to the case highlighted on the programme and to ask the government what further action it proposes to take to prevent landlords acting in the rogue manner claimed in the programme

An amendment was moved by Councillor R Lewis seconded by Councillor J Lewis

Delete all after:

Council notes with concern reports on the BBC's Watchdog programme concerning the non return of deposits to student tenants by landlords.  In spite of a number of court rulings, Council notes that many students have still not had their deposits returned. 

And add

“Council notes that seemingly certain landlords owe tens of thousands of pounds in unreturned deposits despite being subject to County Court Judgments against them yet the ruling administration still consider these landlords 'fit and proper persons' and accordingly has issued current HMO licences. Council calls on the administration to promptly investigate and sanction landlords not returning deposits. Council regrets the damage that the ruling administration's ongoing lack of action brings to the reputation of Leeds as a student friendly city.”

The amendment was lost and upon the motion being put to the vote it was

RESOLVED - That Council notes with concern reports on the BBC's Watchdog programme concerning the non return of deposits to student tenants by landlords.  In spite of a number of court rulings, Council notes that many students have still not had their deposits returned.  Council regrets the damage that such situations bring to the reputation of Leeds as a student friendly city.

Council recognises the good work being done through the Leeds Landlord Accreditation Scheme, and Council will continue to look at ways in which it can use its existing powers to tackle these issues but believes that the government should introduce stronger legislation to allow Local Authorities to deal with this problem more effectively.

Council therefore asks the Council's Chief Executive to draw the attention of the Secretary of State to the case highlighted on the programme and to ask the government what further action it proposes to take to prevent landlords acting in the rogue manner claimed in the programme

(Council rose at 7.45 pm)