Agenda and minutes

(a)  Council noted with regret the death of Leeds’ soldier Signaller Wayne Bland on service in Afghanistan.

(b)  The Lord Mayor congratulated Councillor Shelbrooke on his recent engagement to be married.

(c)  The Lord Mayor congratulated Councillor Atha on his recent eightieth birthday.

To confirm the minutes of the Council Meeting held on 2^nd July 2008.

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

RESOLVED – That the minutes of the Council meeting held on 2^nd July 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 Practice were made as follows:

(a)  Members declared personal interests in minute 37 of this meeting as follows:

  A Taylor  -  Governor of Harehills Primary School

  Pryke  -  Member of the Regional Flood Defence Committee

  Beverley  -  Close relative employed in a Council Sports Centre

(b)  Members declared personal interests in minute 40(a) of this meeting as follows:

  Anderson  -  Director Green Leeds Ltd

  -  Member, Regional Planning Forum

    -  Member Regional Planning Board

  Bale  -  Chartered Institute of Building, Member, Board of Trustees

  -  Society for the Environment (Chartered Environmentalist)

  Fox  -  St Aidan’s Trust Fund and Trust Land Advisory Committee

    -  Public Rights of Way Forum

  J Procter  -  The Country Landowners Association

  A Blackburn  -  Director of West North West Homes

(c)  Members declared personal interests in minute 38 of this meeting as follows:

  D Blackburn  -  Mother in receipt of social care

  A Blackburn  - Mother-in-law in receipt of social care

  Anderson  -  Observer of management committee of Older People’s Action in the Locality

  R Feldman  -  Leeds Jewish Care Services

  P Harrand  -  Member, Moor Allerton Elderly Care

  Kendall  -  Community Action for Roundhay Elderly Management Committee

  Lobley  -  Chairman, Community Action for Roundhay Elderly Management Committee

  Brett  -  Member of Burmantofts Senior Action Management Committee

  Hollingsworth  -  Member of Richmond Hill Elderly Action Management Committee

  Lancaster  -  Vice Chair of Meanwood Elderly Neighbourhood Action

  A Taylor  -  Member of Action for Gipton Elderly

  Councillor  A D Atkinson declared a personal and prejudicial interest in the same minute as a recipient of home care.

(d)  Members declared personal interests in minute 40(b) of this meeting as follows:

  Anderson  -  Member, Leeds Initiative – Skills and Economy Partnership

  Bale  -  Member, Sir Ian Dixon Trust

    -  The Learning Disability Partnership Board

  J L Carter  - Member, Local Construction and Training Agency

  Fox  -  Roseville Enterprises Ltd Board of Management

  Harrand  -  Leeds Learning Disabilities Partnership Board

(e)  Members declared personal interests in minute 41 of this meeting as follows:

  Andrew  -  Member – Cycling Consultative Forum

  R Feldman  -  Yorkshire Indoor Cricket School

  Wilkinson  -  Leeds Sports Federation

(f)  A further declaration made during the meeting is referred to in minute 37 (Councillor Illingworth)

To receive deputations in accordance with Council Procedure Rule 10

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

1  Local Hyde Park Residents Regarding the Need of Local Schools and Community for Extra Sports Facilities

2  Cats Protection Regarding the Enabling of Council Tenants to have their Cats Neutered

3  National Federation of the Blind – Leeds Branch- Regarding the Prevention of Development of Shared Spaces

4  Leeds Mencap Regarding the Future of the Organisation

5  Spenhill Residents Association Regarding the Protection of Butcher Hill Playing Fields and Surrounding Land

RESOLVED – That the subject matter of the deputations be referred to the Executive Board for consideration.

To consider reports as follows (the Chief Executive considers that these reports are appropriate to be received at this meeting in accordance with Council Procedure Rule 2.2(f)):

(a)  That the report of the Chief Democratic Services Officer on Members’ Allowances be approved.

R BRETT

(b)  That the report of the Assistant Chief Executive (Corporate Governance) on appointments be approved.

J PROCTER

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

(a)  Appointments

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

  RESOLVED – That the report of the Assistant Chief Executive (Corporate Governance) on appointments be approved.

(b)  Members Allowances

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

  RESOLVED – That the report of the Chief Democratic Services Officer on amendments to the Members’ Allowances Scheme be approved.

To deal with questions in accordance with Council Procedure Rule 11

1  Councillor Taggart to the Leader of Council

  Would the Leader of Council please tell us how much he raised for Looked after Children by completing this years Leeds 10k run?

  The Leader of Council replied

2  Councillor Hollingsworth to the Executive Member (Environmental Services)

Would the Executive Board Member with responsibility for Environmental Services care to comment on Leeds City Council’s recent record on recycling?

  Councillor Matthews replied on behalf of the Executive Member (Environmental Services)

3  Councillor W Hyde to the Executive Member (Learning)

  Would the Executive member with responsibility for youth services please explain the details and the reasoning behind the increase in ward allocations for youth services across the city?

  Councillor Lamb replied on behalf of the Executive Member (Learning)

4  Councillor D Blackburn to the Executive Member (Environmental Services)

  Can the Executive Member for Environmental Services explain the repeated failure of the black bin collection on certain roads within the Greenhill, Highfield, Kellett, Kirkdale, Leysholme and Silver Royd areas of the Farnley and Wortley Ward.

  Councillor Matthews replied on behalf of the Executive Member (Environmental Services)

5  Councillor Beverley to the Leader of Council

  Would the Leader of Council please tell us his views on the decision of the Leeds Primary Care Trust to deny TB vaccinations to children of English ethnic origin in Leeds high schools?

  The Leader of Council replied

6  Councillor Gruen to the Executive Member (City Development)

  Could the Executive Board Member for City Development please tell us whether he is ‘sick of paying tax to support imported spongers’?

  The Executive Member (City Development) replied

7  Councillor Ewens to the Executive Member (Learning)

  Would the Executive Board Member with responsibility for Learning agree with me that this year’s GCSE and A-Level results are due to the hard work of the candidates and the staff who taught them?

  The Executive Member (Learning) replied

8  Councillor Wadsworth to the Executive Member (Leisure)

  Could the Executive Board Member for Leisure comment on the recently announced appointment of an operator for Roundhay Mansion?

  The Executive Member (Leisure) replied

9  Councillor Mulherin to the Executive Member (Children’s Services)

  Would the Executive Board Member for Children’s Services agree with me that the Every Child Matters Agenda is possibly the biggest challenge this Council has ever faced?

  The Executive Member (Children’s Services) replied

10  Councillor Lancaster to the Executive Member (Children’s Services)

  Will the Executive Board Member for Children’s Services make a statement about the Innovation Fund?

  The Executive Member (Children’s Services) replied

11  Councillor Wilson to the Executive Member (Learning)

  Could the Executive Board Member with responsibility for Learning assure us that this year’s Key Stage 2 and Key Stage 3 results are now an accurate reflection of how our young people performed?

  The Executive Member (Learning) replied

12  Councillor Lyons to the Executive Member (Environmental Services)

  Can the Executive Member for City Services please tell me where his administration plans to site their proposed incinerator?

  Councillor Matthews replied on behalf of the Executive  ...  view the full minutes text for item 35.

(a)  That the report of the Assistant Chief Executive (Corporate Governance) on recommendations of the Executive Board in relation to a Key Decision taken under Special Urgency Provisions be approved.

R BRETT

(b)  That the report of the Assistant Chief Executive (Corporate Governance) on the Revision of byelaws for pleasure grounds, public walks and open spaces be approved (*to follow).

R BRETT

(a)  Key Decision Taken Under Special Urgency Provisions

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

  RESOLVED - That the report of the Assistant Chief Executive (Corporate Governance) on a Key Decision Taken Under Special Urgency Provisions, as submitted to the Executive Board on 16^th July 2008, be accepted as the quarterly report in accordance with Access to Information Procedure Rule 16.3.

(b)  Revision of Byelaws for Pleasure Grounds, Public Walks and Open Spaces

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

  RESOLVED - That the report of the Assistant Chief Executive (Corporate Governance) on the revision of  byelaws for pleasure grounds, public walks and open spaces be approved.

That the minutes be received in accordance with Council Procedure Rule 2.2(m)*

R BRETT

It was moved by Councillor Brett seconded by Councillor J Procter

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 Draft Vision for the Council’s Leisure Centres and Proposals for Future Provision for Public Conslultation as contained in minute 74 of the Executive Board minutes of the 2^nd September 2008’.

The amendment was lost and upon 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.

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

YES

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

  42

NO

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, Finngan, Fox, Gettings, Golton, Grayshon, Hamilton, Harker, Harrand, Hollingsworth, K Hussain, W Hyde, Kendall, Kirkland, Lamb, Lancaster, Latty, Leadley, Lobley, Marjoram, Matthews, Monaghan, J Procter, R Procter, Pryke, Rhodes-Clayton, Shelbrooke, A Taylor, Townsley, Wadsworth, Wilkinson, Wilson

  49

ABSTAIN

A Blackburn, D Blackburn

  2

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

(During discussion of the minutes Councillor Illingworth declared a personal interest in minute 81 of the Executive Board minutes of 2^nd September 2008 as a Director of Kirkstall Valley Park)

(The meeting was suspended at 5.05 pm and resumed at 5.35 pm)

This Council notes with serious concern the performance of Adult Social Care and the proposed increases in charges for community care services, which could see people unfairly charged an extra £170 per week for services they already receive. 

This Council therefore calls upon the Adult Social Care Department to review all alternative sources of funding to prevent this disgraceful tax on the elderly.

D COUPAR

It was moved by Councillor Coupar seconded by Councillor Armitage

That this Council notes with serious concern the performance of Adult Social Care and the proposed increases in charges for community care services, which could see people unfairly charged an extra £170 per week for services they already receive. 

This Council therefore calls upon the Adult Social Care Department to review all alternative sources of funding to prevent this disgraceful tax on the elderly.

An amendment was moved by Councillor Harrand seconded by Councillor Lancaster

Delete all after “This Council notes with serious concern” and insert:

“the continuing government under-funding of adult social care, not only nationally but specifically in Leeds.”

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

RESOLVED – That this Council notes with serious concern the continuing government under-funding of adult social care, not only nationally but specifically in Leeds.

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

On the amendment

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, Fox, Gettings, Golton, Grayshon, Hamilton, Harker, Harrand, Harris, Hollingsworth, W Hyde, Kendall, Kirkland, Lamb, Lancaster, Latty, Leadley, Lobley, Marjoram, Matthews, Monaghan, J Procter, R Procter, Pryke, Rhodes-Clayton, Shelbrooke, A Taylor, Townsley, Wadsworth, Wilkinson, Wilson

  49

NO

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

  43

ABSTAIN

Beverley

  1

On the substantive motion

YES

Anderson, Andrew, Bale, Barker, Bentley, Beverley,  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, Harris, Hollingsworth, W Hyde, Kendall, Kirkland, Lamb, Lancaster, Latty, Leadley, Lobley, Marjoram, Matthews, Monaghan, J Procter, R Procter, Pryke, Rhodes-Clayton, Shelbrooke, A Taylor, Townsley, Wadsworth, Wilkinson, Wilson

  52

NO

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

  41

(Having declared a personal and prejudicial interest Councillor Atkinson left the meeting during the discussion and voting on this matter)

This Council agrees to freeze all Councillors allowances for the next two years.

R FINNIGAN

It was moved by Councillor Finnigan seconded by Councillor D Blackburn

That Council agrees to freeze all Councillors allowances for the next two years.

Under the provisions of Council Procedure Rule 14.10 leave of Council was given to alter the final paragraph of the amendment as notified by the addition of the words “to instruct officers to investigate whether” and it was moved by Councillor Gruen seconded by Councillor Taggart

Delete all after ‘this council’ and replace with

“recognises the excellent work of the Independent Remuneration Panel thanks them for their efforts and notes their recommendations. Council furthermore understands the need for pay restraint and with this in mind Council resolves to not increase basic allowances for Councillors beyond the settlements that are agreed with Council staff.

Finally council resolves to instruct officers to investigate whether any increases to allowances could only be paid to Councillors who can prove they live or work within the city's boundaries.”

Upon being put to the vote both the amendment and the motion were declared lost.

On the requisition of Councillors Finnigan and Gettings the voting was recorded as follows:

On the amendment

YES

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

  39

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, Harris, Hollingsworth, W Hyde, Kendall, Kirkland, Lamb, Lancaster, Latty, Leadley, Lobley, Marjoram, Matthews, Monaghan, J Procter, R Procter, Pryke, Rhodes-Clayton, Shelbrooke, Townsley, Wadsworth, Wilkinson, Wilson

  50

ABSTAIN

Beverley, Davey

  2

On the motion

YES

Beverley, A Blackburn, D Blackburn, Elliott, Finnigan, Gettings, Grayshon

  7

NO

Anderson, Andrew, Armitage, Atha, Bale, Barker, Bentley, Blake, Brett, Campbell, A Carter, J L Carter, Castle, Chapman, Chastney, Cleasby, Congreve, Coulson, Coupar, Dobson, Downes, Dowson, Driver, Dunn, Ewens, Mrs R Feldman, R D Feldman, Fox, Gabriel, Golton, Grahame, Gruen, Hamilton, Hanley, Harington, Harker, Harper, Harrand, Harris, Hollingsworth, A Hussain, G Hyde, W Hyde, Illingworth, Jarosz, Kendall, Kirkland, Lamb, Lancaster, Langdale, Latty, Leadley, J Lewis, R Lewis, Lobley, Lowe, Lyons, Marjoram, Matthews, A McKenna, J McKenna, Monaghan, Morgan, Mulherin, Nash, Ogilvie, Parker, J Procter, R Procter, Pryke, Rafique, Renshaw, Rhodes-Clayton, Selby, Shelbrooke, Taggart, E Taylor, Townsley, Wadsworth, Wakefield, Wilkinson, Wilson, Yeadon

  83

During the debate under minute 39 above, under the provisions of Council Procedure Rule 14.11, with the consent of the seconders and of Council,

(a)  Councillor A Carter withdrew the motion in his name relating to the Strategic Housing Land Availability Assessment and;

(b)  Councillor J McKenna withdrew the motion in his name relating to Access to Adult Training

This Council congratulates Great Britain’s Olympic team on their fantastic achievements in Beijing and in-particular Leeds based athletes Alistair Brownlee, Joanne Ellis, Tandi Gerrard and Rebecca Gallantree.

This Council also wishes the GB Paralympics Team and Leeds based athletes Cathy Mitton and David Stone every success at their forthcoming games in Beijing this month.  Furthermore we hope this Council will use the achievements of the GB Olympic Team as a positive tool with which to inspire more young people to become active at all levels of sport.

R HARINGTON

It was moved by Councillor Harington seconded by Councillor Parker and

RESOLVED UNANIMOUSLY - That this Council congratulates Great Britain’s Olympic team on their fantastic achievements in Beijing and in-particular Leeds based athletes Alistair Brownlee, Joanne Ellis, Tandi Gerrard and Rebecca Gallantree.

This Council also wishes the GB Paralympics Team and Leeds based athletes Cathy Mitton and David Stone every success at their forthcoming games in Beijing this month.  Furthermore we hope this Council will use the achievements of the GB Olympic Team as a positive tool with which to inspire more young people to become active at all levels of sport.

Council rose at 7.20 pm