Agenda and minutes

To confirm the minutes of the Extraordinary and Ordinary Council Meetings held on 31^st October 2007 and of the four Extraordinary meetings held on 12^th December 2007.

It was moved by Councillor M  Hamilton seconded by Councillor Gruen and

RESOLVED – That the minutes of the Extraordinary and ordinary meetings held on 31^st October 2007 and of the four Extraordinary meetings held on 12^th December 2007 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 Practice were made as follows:

(a)  Councillor Leadley declared a personal interest in minute 67 of this meeting as a member of Plans Panel (West) where submissions may be relevant to future planning applications.

(b)  Members declared personal interests in minute 72 of this meeting as follows:

  G Hyde  -  Board Member of East Leeds Family Learning Centre

  Wakefield  -  Non Executive Director of the Learning and Skills Council

  Gettings  -  Member, Leeds Grand Theatre Board

  Elliott  -  Governor of Fountain Primary School

  Leadley  -  Carer of a disabled adult

  Kirkland  -  Member of Otley Town Council

(c)  Councillor A Carter declared a personal interest in minute 74 of this meeting as a member of the Chamber of Commerce and of the Leeds Initiative Economy Partnership.

(d)  Members declared personal interests in minute 75 of this meeting as follows:

   Anderson  -  Director, Green Leeds

  -  Member, National Society for Clean Air Divisional Council

  -  Member, Investigation of Air Pollution Standing Conference

  -  Member, Regional Planning Forum

  -  Member, Regional Planning  Board

  -  Member, Environment Agency – Ridings Area Environment Group

  -  Member, Yorkshire Power Station Joint Environment Committee

  -  Member, Yorkshire and Humber Assembly

  Andrew  -  Leeds Architecture and Design Committee

  Mrs A Carter  -  Chair, West Yorkshire Housing Partnership

  -  Member, Yorkshire and Humber Housing Forum Executive

  -  Chair, Leeds Bradford Corridor Group

  A Carter  -  Local Government Yorkshire and Humber Executive Committee

  -  Yorkshire and Humber Executive Board

  -  Leeds Architecture and Design Committee

  Fox  -  Member, Leeds Architecture and Design Initiative

  Bale  -  Society for the Environment (Chartered Environmentalist)

  -  Chartered Institute  of Building Fellow and Past President

  J L Carter  -  Member, Local Construction and Training Agency

  Lowe  -  Member of WNWHL

  Gruen  -   Member of Aire Valley Homes

  Driver  -  Member of Aire Valley Homes

  G Hyde  -  Member of ENEHL

  Ewens  -  As she has, or is in the process of having solar panels fitted

  Brett  -  As he has, or is in the process of having solar panels fitted

  A Blackburn  -  Member of West North West Homes Leeds

  Lobley  -  Employee of British Telecom

(e)  Members declared personal interests in minute 76 of this meeting as follows:

  Harrand  -  Making Leeds Better Project Board

  Wilkinson  -  Partner currently undergoing treatment at this centre

  Blake  -  Leeds PCT Board Member

  Gabriel  -  Employee of Leeds PCT

  S Hamilton  -  Unison Health Convenor

  Langdale  -  Employee of Leeds PCT

  Lowe  -  CEO of Touchstone which receives funding from LCC and PCT

  Harris  -  A Trustee of the John Westmoreland Trust which raises funds to support cancer treatment

(f)  Councillor Murray declared a personal and prejudicial interest in minutes 69 (Question 2) and 74 as an employee of  ...  view the full minutes text for item 66.

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 Cardinal Heenan Catholic High School on matters referred to in the ‘Mayor for the Day’ Manifesto -  Improving the Environment.

2  Representatives of the charity Relate regarding its funding.

3  Tinshill Recreation De-Fence Group regarding the use of permitted development to fence off green space including Tinshill Recreation Ground.

4  Local residents requesting the Council to purchase facilities at Leeds Girls High School for use by primary schools and the local community.

5  Headingley Network regarding the use of the Elinor Lupton 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) on changes to the Officer Delegation Scheme (Executive Functions) and other consequent amendments to the Constitution be noted.

M HAMILTON

(b)  That the report of the Director of Resources on the calculation of the Council Tax Base for 2008/09 for the purpose of calculating the Council Tax be approved.

A CARTER

Reports admitted to the agenda in accordance with Council Procedure Rule 2.2(f) were considered as follows:

(a)  Amendments to the Constitution

  It was moved by Councillor M Hamilton seconded by Councillor J Procter and

  RESOLVED - That the report of the Assistant Chief Executive (Corporate Governance) on changes to the Officer Delegation Scheme (Executive Functions) and other consequent amendments to the Constitution be noted

(b)  It was moved by Councillor A Carter seconded by Councillor M Hamilton 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 2008/2009 shall be 233,204 and for each parish as listed below:

To deal with questions in accordance with Council Procedure Rule 11

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

  Can the new Executive Board member for Resources confirm that he is still committed to providing council services in all parts of the city?

  The Executive Member (Central and Corporate) replied.

2  Councillor Anderson to the Leader of Council

  Would the Leader of Council care to comment on the impact of the financial settlement from Central Government on the Council’s budget for 2008/9?

  The Leader of Council replied

3  Councillor Townsley to the Executive Member (Environmental Services)

  Would the Executive Board member responsible for Environmental Health care to comment on the situation regarding fuel poverty in Leeds.

  The Executive Member (Environmental Services) replied.

4  Councillor Rhodes-Clayton to the Executive Member (Leisure)

  What plans does the Council have to minimize the carbon footprint of crematoria run by Leeds City Council, as has been proposed by Tameside Council?

  The Executive Member (Leisure) replied.

5  Councillor Mulherin to the Executive Member (Central and Corporate)

  Could the new Leader of the Liberal Democrat Party in Leeds please confirm that helping those most in need will be one of his top priorities?

  The Executive Member (Central and Corporate) replied.

6  Councillor Castle to the Executive Member (Neighbourhoods and Housing)

  Would the Executive Member for Neighbourhoods and Housing care to comment on the government withdrawal of the Neighbourhood Renewal Fund at the end of this financial year, and the failure of the government to include Leeds on the list of Local Authorities eligible for the Working Neighbourhoods Fund?’

  The Executive Member (Neighbourhoods and Housing) replied

7  Councillor Pryke to the Executive Member (Neighbourhoods and Housing)

  Last week an inquest into the deadly scalding of Rhianna Hardie revealed that the failure of a hot water tank thermostat was responsible for this awful incident.  It is estimated that there are at least 3.5 million similar cheap thermostats still in use in England and Wales, with no requirement on councils to fit new thermostats with automatic cut-outs.  Would the Executive Board member for Neighbourhoods and Housing tell Council what discussions he and the Director are having or will have with the three ALMOs on this potential threat to our tenants?

  The Executive Member (Neighbourhoods and Housing) replied.

8  Councillor Gruen to the Leader of Council

  Can the Leader of Council please tell me how many staff the council currently employs?

  The Leader of Council replied.

9  Councillor Anderson to the Executive Member (Development and Regeneration)

  Would the Executive Member for Development reaffirm this administration’s commitment to investing into the continued prosperity of Kirkgate Market?

  The Executive Member (Development and Regeneration) replied.

10  Councillor Lyons to the Executive Member (Environmental Services)

  Could the Executive Board Member for Environmental Services please tell me where his administration plan to site their proposed incinerator?

  The Executive Member (Environmental Services) replied.

At the conclusion of Question Time the following questions remained unanswered and it was noted that under the provisions of Council Procedure Rule 11.6 written responses would be sent to each Member of  ...  view the full minutes text for item 69.

(a)  That the Resolution of this Council passed at a meeting of the Council held on Wednesday 31^st October 2007 to promote a Bill in the present Session of Parliament, pursuant to which the Bill intituled ‘A Bill to confer powers on Leeds City Council for the better control of street trading in the city of Leeds’ has been deposited in Parliament, be and the same is hereby confirmed

A  CARTER

(b)  That the budget adjustments as described in paragraph 3.9 of the report of the Director of Resources and as recommended by the Executive Board on 14^th November be approved.

A CARTER

(a)  It was moved by Councillor A Carter seconded by Councillor Brett and

  RESOLVED - That the Resolution of this Council passed at a meeting of the Council held on Wednesday 31^st October 2007 to promote a Bill in the present Session of Parliament, pursuant to which the Bill intituled ‘A Bill to confer powers on Leeds City Council for the better control of street trading in the city of Leeds’ has been deposited in Parliament, be and the same is hereby confirmed.

  (In accordance with the provisions of Section 239(2)(b) of the Local Government Act 1972 this resolution was passed by a majority of the whole number of the members of the authority)

(b)  It was moved by Councillor A Carter seconded by Councillor Brett and

  RESOLVED - That the budget adjustments as described in paragraph 3.9 of the report of the Director of Resources and as recommended by the Executive Board on 14^th November  be approved.

That  the report of the Assistant Chief Executive (Corporate Governance) on a recommendation of the Scrutiny Board (Health and Adult Social Care) seeking to re-open the debate on fluoridation be approved.

A  CARTER

Under the provisions of Council Procedure Rule 14.11, with the consent of the seconder and of Council, the motion in the name of Councillor A Carter at item 8 on the Summons was withdrawn.

To receive the minutes in accordance with Council Procedure Rule 2.2(m)

A  CARTER

It was moved by Councillor A Carter seconded by Councillor M Hamilton

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

An amendment (reference back) was moved by Councillor Wakefield seconded by Councillor G Hyde.

To add the following words at the end of item 9:

“but to ask the Executive Board to reconsider the decision in relation to the Capital Programme – 2007/8 Mid Year Financial Update as contained in minute 110 of the Executive Board minutes of the 14^th November 2007”

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(m) 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 Parker the voting on the amendment was recorded as follows:

YES

Armitage, Atha, Beverley, Blake, Congreve, Coulson, Coupar, Davey, Dobson, Dowson, Driver, Dunn, Gabriel, Grahame, Gruen, S Hamilton,  Hanley, Harington, Harper, A Hussain, G Hyde, Illingworth, Jarosz, Langdale, J Lewis, R Lewis, Lowe, Lyons, A McKenna, J McKenna, Minkin, Morgon, Mulherin, Murray, Nash, Ogilvie, Parker, Rafique, Renshaw, Selby, Wakefield

  41

NO

Anderson, Andrew, Bale, Barker, Bentley, A Blackburn, D Blackburn, Brett, Campbell, A Carter, J L Carter, Castle, Chapman, Downes, Elliott, Ewens, Mrs R Feldman, R D Feldman, Finnigan, Fox, Gettings, Golton, Grayshon, M Hamilton, Harker, Harrand, Harris, Hollingsworth, W Hyde, Jennings, Kendall, Kirkland, Lamb, Lancaster, Leadley, Lobley, Monaghan, Morton,  J Procter, R Procter, Pryke, Rhodes-Clayton, Russell, Shelbrooke, Smih, Taylor, Townsley, Wadsworth, Wilkinson, Wilson

  50

(The meeting  was suspended at 5.00 pm and resumed at 5.25 pm)

This Council condemns the ruling Conservative / Lib Dem administration’s use of 0845 numbers at their flagship Contact Centre, “Contact Leeds”.

This Council demands that the Administration immediately scrap these 0845 numbers. Furthermore this council calls for the Chief Executive to immediately examine the effectiveness of the contact centre and report back to the next meeting of the Executive Board.

This Council recognises the dedication and hard work of all its staff who work at “Contact Leeds” and holds the administration totally responsible for the faults of the contact centre and not the staff

K WAKEFIELD

It was moved by Councillor Wakefield seconded by Councillor A McKenna

That this Council condemns the ruling Conservative / Lib Dem administration’s use of 0845 numbers at their flagship Contact Centre, “Contact Leeds”.

This Council demands that the Administration immediately scrap these 0845 numbers. Furthermore this council calls for the Chief Executive to immediately examine the effectiveness of the contact centre and report back to the next meeting of the Executive Board.

This Council recognises the dedication and hard work of all its staff who work at “Contact Leeds” and holds the administration totally responsible for the faults of the contact centre and not the staff.

An amendment was moved by Councillor Brett seconded by Councillor Golton

Delete all after ‘This Council’ and replace with

“congratulates staff working at the Council’s flagship contact centre, ‘Contact Leeds’ and notes the greatly increased performance in answering telephone calls from the public over the last three years.

In particular Council notes that :-

• at the beginning of 2004 only 38% of telephone calls from members of the public to the Council were answered, but that the latest figures for the last three months of 2007 show that over 95% were answered;
• that the contact centre has been awarded
  • European Contact Centre of the Year Awards 2006 – runner up in Environment category;
  • Yorkshire & Humberside Contact Centre Awards 2007 – Innovation category (for the Academy);
  • Communications in Business Awards 2006 – Call Centre Project of the Year;
• that the use of the 0845 number has been kept under review for over 12 months, awaiting a decision by OFTEL and the telecommunications companies on the introduction of new ‘03’ numbers which will address issues of different charging policies for 0845 numbers from different companies;
• that alternative 0113 numbers are available for members of the public to contact the Council’s Call Centre if they do not wish to use 0845 numbers.

Council welcomes moves to adopt a new ‘Golden Number’ in 2008 which should further improve the ability of members of the public to contact the Council.

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

RESOLVED – That this Council congratulates staff working at the Council’s flagship contact centre, ‘Contact Leeds’ and notes the greatly increased performance in answering telephone calls from the public over the last three years.

In particular Council notes that :-

• at the beginning of 2004 only 38% of telephone calls from members of the public to the Council were answered, but that the latest figures for the last three months of 2007 show that over 95% were answered;
• that the contact centre has been awarded
  • European Contact Centre of the Year Awards 2006 – runner up in Environment category;
  • Yorkshire & Humberside Contact Centre Awards 2007 – Innovation category (for the Academy);
  • Communications in Business Awards 2006 – Call Centre Project of the Year;
• that the use of the 0845 number has been kept under review for over 12 months, awaiting a decision by OFTEL and  ...  view the full minutes text for item 73.

This Council expresses its concern at the draft funding settlement announced by central Government in December 2007, in particular its implications for the Council's ability to deliver services that the people of Leeds value and deserve

R BRETT

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

RESOLVED UNANIMOUSLY – That this Council expresses its concern at the draft funding settlement announced by central Government in December 2007, in particular its implications for the Council's ability to deliver services that the people of Leeds value and deserve

(Following the moving and seconding of the above motion the provisions of Council Procedure Rule 4.2(a) were applied with the consequence that an amendment in the name of Councillor Wakefield was not moved or put to the vote)

(Councillor Murray having declared a personal and prejudicial interest in relation to this matter left the Chamber during the debate and voting thereon)

(The provisions of Council Procedure Rule 3.1(d) were applied from this point in the meeting)

This Council notes:

The proposed removal of the target for renewable energy in new developments in the Secretary of State's recommended changes to the draft Yorkshire and Humber Regional Spatial Strategy.

That the target was established in consultation with all key regional agencies and local authorities. It had successfully passed through the Examination in Public stage and was endorsed in the recommendations put forward by the Independent Panel.

That only 5 months earlier a similar policy in the North East Regional Spatial Strategy passed through virtually unchanged in the Secretary of State's list of proposed changes to that document.

That as a percentage renewable energy target, the policy encourages greater energy efficiency in new developments and is a driver to reduce carbon emissions

That the policy had been proven to be effective by those Councils already implementing this policy such as the London Borough of Croydon, which had now applied it to over 130 planning applications.

This Council calls on the Chief Executive to write to the Minister for Housing and Planning, calling on the Minister to:

Reconsider her recommendation to delete the renewable energy target in new development from the Yorkshire and Humber Regional Spatial Strategy.

D BLACKBURN

It was moved by Councillor D Blackburn seconded by Councillor Russell and

RESOLVED UNANIMOUSLY – That this Council notes:

The proposed removal of the target for renewable energy in new developments in the Secretary of State's recommended changes to the draft Yorkshire and Humber Regional Spatial Strategy.

That the target was established in consultation with all key regional agencies and local authorities. It had successfully passed through the Examination in Public stage and was endorsed in the recommendations put forward by the Independent Panel.

That only 5 months earlier a similar policy in the North East Regional Spatial Strategy passed through virtually unchanged in the Secretary of State's list of proposed changes to that document.

That as a percentage renewable energy target, the policy encourages greater energy efficiency in new developments and is a driver to reduce carbon emissions

That the policy had been proven to be effective by those Councils already implementing this policy such as the London Borough of Croydon, which had now applied it to over 130 planning applications.

This Council calls on the Chief Executive to write to the Minister for Housing and Planning, calling on the Minister to:

Reconsider her recommendation to delete the renewable energy target in new development from the Yorkshire and Humber Regional Spatial Strategy

This Council congratulates: the NHS on opening the Yorkshire Cancer Centre in Leeds which will be at the forefront of cancer research and treatment world wide; the government for making the resources available; the staff which command international recognition and the YEP for its sustained and invaluable support for the centre appeal

T HANLEY

It was moved by Councillor Hanley seconded by Councillor Langdale and

RESOLVED UNANIMOUSLY -  That this Council congratulates: the NHS on opening the Yorkshire Cancer Centre in Leeds which will be at the forefront of cancer research and treatment world wide; the government for making the resources available; the staff which command international recognition and the YEP for its sustained and invaluable support for the centre appeal.

(Council rose at 7.10 pm)