Agenda and minutes

The Lord Mayor confirmed there was no motion on the agenda in relation to the situation in Gaza, despite the recent assertions.

The Lord Mayor also noted that the city had recently achieved global recognition for climate action and he acknowledged the importance of working together to address the climate emergency.

At this point in the meeting, Members and co-opted members are asked to declare any disclosable pecuniary interest, or other registerable interest, they might have in respect of business on this agenda, if they have not already done so in advance on the Register of Interests. The disclosure must include the nature of the interest.

An interest must also be disclosed in the meeting when it becomes apparent to the member during the meeting.

Members were invited to declare at this point in the meeting any personal interests not included on the Register of Interests, any prejudicial interests or any disclosable pecuniary interests they might have in the business on the agenda. None were declared.

To approve and sign the minutes of the Council meeting held on 21 September 2023.

Resolved:  That the minutes of the Council meeting held on 21 September 2023 be approved and then signed by the Chair as a correct record.

To consider any announcements made by the Lord Mayor in respect of Civic business.

The Lord Mayor noted that he was due to meet the German Ambassador in York.

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 Tuesday, 21 November 2023.

To register to speak please visit www.york.gov.uk/AttendCouncilMeetings to fill in an online registration form. If you have any questions about the registration form or the meeting please contact Democratic Services. Contact details can be found at the foot of this agenda.

Webcasting of Public Meetings

Please note that, subject to available resources, this public meeting will be webcast including any registered public speakers who have given their permission.  The remote public meeting can be viewed live and on demand at

www.york.gov.uk/webcasts.

During coronavirus, we made some changes to how we're running council meetings.  See our updates at www.york.gov.uk/COVIDDemocracy for more information on meetings and decisions.

It was reported that five people had registered to speak at the meeting under the council’s Public Participation Scheme.

John Pybus spoke on Agenda Item 5, Fossgate pedestrianisation petition. He spoke in support of the petition and highlighted the benefits to pedestrianising Fossgate, which included, a reduction in pollution and air quality, improved disability access, and a thriving café culture.  He welcomed a consultation to progress this further.

Stephane Brodie spoke on Agenda Item 8, Motions on Notice, recognising and supporting York’s neurodivergent adults. She outlined her own personal experience and addressed the lack of support for the neurodiverse community in York, as well as people who were experiencing suicidal ideation. She questioned why the Autism Strategy was not active and she acknowledged the importance to ensure the right support, care and culture were in place.

Hazel Kerrison also spoke on Agenda Item 8. She represented the York Disability Rights Forum, and worked as a voluntary support worker supporting people who experienced suicidal ideation, self harm and voice hearing. She addressed the confusion and stress that the recent autism and ADHD pilot pathway had caused and she outlined her own lived experience, noting the difficulties faced when living as a neurodivergent person.

Richard Murgatroyd referenced the statement made by the council on 10 October in light of the escalating crisis in Gaza. He addressed the crisis in Gaza and the emergency motion he had sent to all councillors on the genocide that was unfolding. He urged the council to call for a permanent ceasefire and to encourage a genuine peace dialogue in the region.

Mohamed El-Gomati also spoke on the escalating crisis in Gaza. He noted the motion that had been sent to all councillors and he appealed to council to openly call for an immediate and clear ceasefire.

The Lord Mayor thanked all public participants for their contributions and he acknowledged that City of York Council deplored violence of all kinds and he referred to the joint statement that the council issued on 10 October 2023. He acknowledged that the council’s thoughts were with all those affected by the situation in Gaza. 

To consider any petitions received from Members in accordance with Standing Order B5.

 Notice has been received of five petitions to be presented by:

(i)           Cllr Waller, on behalf of residents, regarding using the Chapelfields Estate Improvement funds

(ii)         Cllr Waller, on behalf of residents, regarding releasing parking improvement funds.

(iii)        Cllr Waller, on behalf of residents, regarding sorting out Dijon Ave and Lowfields Drive.

(iv)     Cllr Waller, on behalf of residents, regarding releasing   parking improvement funds for Ascot Way.

(v)         Cllr Clarke, on behalf of residents, regarding pedestrianising Fossgate.

Under Rule B5 2, the following petitions were presented for reference to the Customer and Corporate Services Scrutiny Management Committee, in accordance with the Council’s petition arrangements:

     i.        A petition presented by Cllr Waller, on behalf of residents, regarding using the Chapelfields Estate improvement funds.¹

    ii.        A petition presented by Cllr Waller, on behalf of residents, regarding releasing parking improvement funds.²

  iii.        A petition presented by Cllr Waller, on behalf of residents, regarding sorting out Dijon Ave and Lowfields Drive.³

  iv.        A petition presented by Cllr Waller, on behalf of residents, regarding releasing parking improvement funds for Ascot Way.⁴

   v.        A petition presented by Cllr Clarke, on behalf of residents, regarding pedestrianising Fossgate.⁵

 To receive and consider a written report from the Leader and ask questions on the work of the Executive, and to consider the Executive recommendations for approval, as set out below:

A written report was received from the Executive Leader, Cllr Douglas, on the work of the Executive.

Members were then invited to question the Leader on her report. Questions were received from the floor from the following Members in relation to the subjects listed and replied to as indicated:

Free School Meals

From Cllr Healey: Can the Leader confirm the identity of the donor organisations referred to by Cllr Kilbane at the February meeting, how much money they had committed to the York Fund and if it’s enough to fund free school meals for every single primary school child by the end of the council term?

Response: We are working in partnership with the city and we are very fortunate that we have a civic society that’s really open to supporting us to deliver the ambitious programmes, and free school meals is part of that.  We never said it was fully funded in February, we said we were in conversations with organisations across the city about funding, and it’s going really well. Westfield Primary is going ahead and we are expected to go into Burton Green Primary after Christmas.

The Place at Paul Sanderson House in Chapelfields

From Cllr Nelson: How will this venue serve the local community and is there anything else Westfield Ward residents could benefit from?

Response: This is another example of the city working together to deliver for the communities in York that need it. The Place at Sanderson House is coordinated and funded by private funders through the university. The community groups and the activities would continue and they would be opened up to the children in the Chapelfields area. Westfield Primary School were advertising it and were working with parents to ensure they know it’s for them. It’s been great working with the philanthropic department at the university who are helping the council build the York Fund.

From Cllr Fisher: Please outline the timeframe you envisage for the recruitment of a Chief Executive to the council and when the advert will go live.

Response: This is a wholly inappropriate question within Full Council and I won’t be answering it.

York Central Update

From Cllr B Burton: What does the Leader want to see on York Central and how can she influence decision making around that?

Response: We are waiting to see who the master developer will be. It has been a bit disappointing to us all that the process has been slower than expected.I’m looking forward to seeing this come to place so we can have detailed conversations about what the city really wants from York Central. It is really important that the people of York feel like it is for them.We want good quality jobs on there that everybody can benefit from, we want more green space and we want to increase biodiversity in the area. We want good communities, a sense of place, and we also want good quality affordable housing to be available for York people and not for  ...  view the full minutes text for item 49.

To receive and consider a written report from the Deputy Leader and, to question the Deputy Leader thereon.

A written report was received from the Deputy Leader, Cllr Kilbane. Members were then invited to question the Deputy Leader on his report. Questions were received from the floor from the following Members and replied to as indicated:

Constitutional Changes

From Cllr Mason: Who from your party had been involved with the Monitoring Officer in drafting the potential constitutional changes?

Response: The Monitoring Officer did consult with the Leader of the Group and the Leader consulted with the rest of the Group. The results of those consultations were fed back.

Supplementary from Cllr Mason: Is there no concerns that those changes, obviously not the one or two that we’ve got tonight, but the whole in totality in the review, do you have no concern that it might stifle our role on representing citizens on the council.

Response: It doesn’t cause me too much concern, it has gone through Audit and Governance Committee and there is a working group on it. I’m sure, Cllr Mason, your group will have every opportunity to input and debate on this through the various ways that we can do that within the council.

Supplementary from Cllr Ayre: Does your group believe that it is democratic to remove members rights to ask questions to the Executive about important issues that do not arise from reports to council?

Response: Cllr Ayre you are very welcome to ask me any questions at any time and we will answer them. It’s about making meetings business like and less of a staged performance.

Combine Authority

From Cllr Fenton: Can the Deputy Leader please reaffirm his commitment that members of this authority, from all parties, will have the opportunity to have meaningful pre-decision input wherever possible, and how does he think we can best achieve that?

Response: Ideally, we would be looking at pre-decision scrutiny now going into the mayoral combine authority but there is currently an issue which is to do with the political sensitivities. It’s really important at the moment, before the combined authority is formed, that information is released to both parts of the authority. We need to make sure we are being respectful of both combined authorities going into the process. Once the combined authority is formed, which should be mid-January that the process should have gone through parliament, we will certainly be pushing for pre-decision scrutiny wherever possible and will be open and transparent about all decisions that we are making, as we can be. We are working very well with our conservative colleagues on the combined authority and they are of the same mind in terms of openness and accountability and input from Members, certainly when it comes to policy making etc.

To consider the following Motions on Notice under Standing Order B13:

Motions submitted for consideration directly by Council, in accordance with Standing Order 22.1

i)             From Cllr Rose

Recognising and supporting York’s neurodivergent adults

“Council notes:

• Humber and North Yorkshire Integrated Care Board’s (ICB) trial pathways for adult autism and ADHD assessments that commenced in March this year, and which have been extended to March 2024;   

• Important work carried out by Healthwatch York and York Disability Rights Forum (YDRF) in scrutinising the current trial and gathering evidence of people’s experiences of the process;

• The ICB’s public engagement events to review the pilot, being held next month;

• The NHS 2021 National Strategy for Autistic Children, Young People and Adults, that committed to ‘timely access to diagnosis and demonstrably improved autism assessment pathways for people of all ages by 2026’;  

• The 400% increase in adults seeking assessment for ADHD since 2020 (ADHD Foundation) and the pressure this places on assessment services;

·        The almost four-year wait in a best-case scenario for those accepted for assessment under the current trial;

• York’s position as an autism-friendly city;

·        Council’s adoption of the social model of disability.

Council believes:

• It is important to identify and/or acknowledge different types of neurodiversity in individuals in a timely way in order to help them better understand themselves, their unique qualities, the adaptations that could be made to help them manage any challenges they face and support available, such that they can lead healthy, safe and fulfilling lives;

• That people should be able to access diagnosis pathways if and when appropriate or necessary and that such pathways should be well defined, clearly articulated and appropriately resourced;

• That the process of triage is well established in healthcare services for good reasons but that those deemed lower priority for assessment also deserve to know what pathways are open to them and how long it might take to access them;

·        The current referral pathway lacks sufficient review points for individuals where, should their personal situation change, they can re-enter the process.

Council resolves:

• To write to encourage the ICB to use the public engagement process to communicate more openly how the assessment pathway process works, the challenges with it and how information on outcomes could be provided for those completing the North Yorkshire and York online Platform for Adult Autism and ADHD Referral;

• To request an update report be presented to Health, Housing and Adult Social Care Scrutiny Committee on the work of council services in supporting neurodivergent adults in York, including child to adult transitions;

·        To request that the Head of Paid Service communicates with all staff expressing the importance of removing barriers wherever possible, such that neurodivergent staff and residents are enabled to better access Council support and services;

• To renew the city’s Autism Strategy and use this opportunity for City of York Council to reaffirm and widen the city’s commitment to autistic and neurodivergent people in York, learning from the challenges of the current NHS pilot to ensure there is meaningful  ...  view the full agenda text for item 51.

i)   Recognising and supporting York’s neurodivergent adults

  Moved by Cllr Rose, seconded by Cllr Coles.

“Council notes:

• Humber and North Yorkshire Integrated Care Board’s (ICB) trial pathways for adult autism and ADHD assessments that commenced in March this year, and which have been extended to March 2024;   

• Important work carried out by Healthwatch York and York Disability Rights Forum (YDRF) in scrutinising the current trial and gathering evidence of people’s experiences of the process;
• The ICB’s public engagement events to review the pilot, being held next month;

• The NHS 2021 National Strategy for Autistic Children, Young People and Adults, that committed to ‘timely access to diagnosis and demonstrably improved autism assessment pathways for people of all ages by 2026’;  

• The 400% increase in adults seeking assessment for ADHD since 2020 (ADHD Foundation) and the pressure this places on assessment services;

·        The almost four-year wait in a best-case scenario for those accepted for assessment under the current trial;

• York’s position as an autism-friendly city;

·        Council’s adoption of the social model of disability.

Council believes:

• It is important to identify and/or acknowledge different types of neurodiversity in individuals in a timely way in order to help them better understand themselves, their unique qualities, the adaptations that could be made to help them manage any challenges they face and support available, such that they can lead healthy, safe and fulfilling lives;

• That people should be able to access diagnosis pathways if and when appropriate or necessary and that such pathways should be well defined, clearly articulated and appropriately resourced;
• That the process of triage is well established in healthcare services for good reasons but that those deemed lower priority for assessment also deserve to know what pathways are open to them and how long it might take to access them;

·        The current referral pathway lacks sufficient review points for individuals where, should their personal situation change, they can re-enter the process.

Council resolves:

• To write to encourage the ICB to use the public engagement process to communicate more openly how the assessment pathway process works, the challenges with it and how information on outcomes could be provided for those completing the North Yorkshire and York online Platform for Adult Autism and ADHD Referral;
• To request an update report be presented to Health, Housing and Adult Social Care Scrutiny Committee on the work of council services in supporting neurodivergent adults in York, including child to adult transitions;

·        To request that the Head of Paid Service communicates with all staff expressing the importance of removing barriers wherever possible, such that neurodivergent staff and residents are enabled to better access Council support and services;

• To renew the city’s Autism Strategy and use this opportunity for City of York Council to reaffirm and widen the city’s commitment to autistic and neurodivergent people in York, learning from the challenges of the current NHS pilot to ensure there is meaningful engagement with local groups about how to improve support to meet the needs of neurodivergent residents accessing its services;  ...  view the full minutes text for item 51.

To question the Leader and/or Executive Members in respect of any matter within their portfolio responsibility, in accordance with Standing Order B11.

Members were invited to question the Leader or Executive Members. Questions were received from the floor from the following Members, and replied to as indicated:

Questions to Cllr Lomas, Executive Member for Finance, Performance, Major Projects and Equalities

From Cllr Widdowson: Can you outline how over 5000 primary school children will be given free school meals for the three years for £300,000, when that equates to 10p a meal?

Response: The funding in the forecast table represented £100,000 per year required to continue to deliver free school meals at Westfield Primary School. We will continue to fund those free school meals regardless of what else happens with our wider plans to deliver free school meals to all children at primary schools in York.I am always happy to answer questions on it.

Supplementary from Cllr Healey: Are you saying that if you don’t achieve enough funding to roll this out across the city it will only be kept for one free lunches in Westfield and one breakfast club in Clifton?

Response: We have committed to continuing to fund what we have begun to fund through council funding regardless of what happens with the other funding that we are seeking externally to roll this out across the city.  We’ve been really honest with people that free school meals for every child at primary school in York is not something that the council can pay for. That was the position we had taken since before our election, that we would mobilize the city to provide free school meals for all primary children, and that is exactly what we are doing.

Supplementary from Cllr Ayre: On your pledge, where on the leaflet are the words mobilise the city?

Response: It doesn’t change what is actually happening, which is us delivering on our pledges.

From Cllr Healey: On 24 October Cllr Pavlovic issued a statement to the Press stating that the Salvation Army could not legally be given a further extension. Can he give us an explanation for this divergence of fact.

Response from Cllr Pavlovic: That doesn’t fall within my portfolio it’s Cllr Lomas. I’ll direct the response to her.

Response from Cllr Lomas: The Salvation Army contract was extended by a way of waiver from the procurement regulations in February 2023, and a six-month extension was given at that point. Your administration made that decision. What should have happened at that point was there should have been a process of re-procurement of the contract. When we took over the council the contract was coming to an end and the advice we received was that another waiver would be inadvisable, so we decided to add a very short extension to allow a transition out of the contract. We have followed on from the work that the old liberal democrat administration did do in moving to a more comprehensive service for people who are homeless in the city, and we are very happy to talk to you on the plans we have to build  ...  view the full minutes text for item 52.

To receive a written report from the Executive Member for Economy and Transport and to question the Executive Member thereon, in accordance with Standing Orders B9 and B10.

A written report was received from Cllr Kilbane, Executive Member for Economy and Transport.

Members were then invited to question the Executive Member on his report. Questions were received from the floor from the following Members in relation to the subjects listed, and replied to as indicated:

From Cllr Rowley: Would the Executive Member join me in welcoming the additional £366,000 from central government to help with pothole repairs this year and another £366,000 for pothole repairs next year.

Response: Yes, we welcome the investment. Unfortunately, I think the amount of money they gave us amounts to around 3% of the entire budget. The MP for York Outer did put a message out to all of York Outer constituents stating that we had this extra money and where would you like it spending. If your MP would like to tell me which 3% of the road network they would like fixing with the additional money, then we can see where it is on the priority list. To get our roads up to reasonable standard it would cost £190m and we have a revenue budget of £140m, so, the £8m allocated this year and £10m next year is for patching. All praise to the teams that work on spending the money far more efficiently. We do appreciate the money, but it’s nowhere near enough.

Supplementary from Cllr Rowley: Are you confident that should a labour government take control at some point next year that you will receive that £190m you alluded to?

Response: No, I suspect that going into the election belts will be tightened.A labour administration will still deliver even though resources are tight, it doesn’t stifle our ambition.

Supplementary from Cllr Ayre: Will you commit to maintaining this level of spending and rule out cuts to the road maintenance budget?

Response: Keeping on top of the road network is very important to us and it’s a high priority. We are trying to fill the hole you left us and the difficulties we inherited from your administration and the lack of central government funding.

Castle Gateway

From Cllr Fenton: Can you tell us about the engagement that occurred with businesses in the run up to the decisions being made, and also why decisions have been taken in relation to car parking ahead of a wider review of parking provision in the city centre?

Response: Following on from the consultation the previous administration undertook, we can clearly see the hopes and desires of the residents of York for the repurposing of Castle Car Park. The solution from the previous administration was to build a multi-story car park but the business case was incredibly flawed and we had to scrap that, costing the city up to £1m. York Bid has actually undertaken a survey of parking in the city. This data has shown that throughout the city we have capacity for car parking for all the cars that are currently coming in. The only time Castle Car Park is  ...  view the full minutes text for item 53.

To receive a report from Councillor Fenton, Chair of the Corporate Services, Climate Change and Scrutiny Management Committee, on the work of the Committee.

A written report was received from Cllr Fenton, Chair of the Corporate Services, Climate Change and Scrutiny Management Committee, on the work of the committee.

To consider the recommendations for approval set out below:

Council received a report from the Monitoring Officer regarding approval and adoption of revisions to the Constitution, in accordance with the recommendations of the Audit & Governance Committee.

Cllr J Burton moved and Cllr Webb seconded the recommendations contained in Minute 35 of the Audit and Governance Committee held on 8 November 2023, subject to including three minor amendments to the Constitution, as highlighted by the Monitoring Officer, in respect of:

·        Annex 7, Appendix 12, section 2.1c, (page 154 of the agenda) delete ‘a’ and insert ‘only one’ in the first sentence.

·        Annex 5, Article 11, paragraph 3.4 (page 145 of the agenda) delete the word ‘statutory.’

·        Pages 164, 175 and 176 of the agenda the words ‘him or her’ to be changed to ‘them.’

The relevant sections referred to in the Constitution, as amended, would read as follows:

Annex 7, Appendix 12 – Officer Employment Procedure Rules

·        Section 2, Appointment of Assistants to Political Groups

2.1c  If only one Group has a membership that comprises one-tenth or more of the membership of the authority then the Groups qualifying for the post shall be that Group and one other Group; the other Group shall be the one with the next largest membership, or if there is equality of members between the Groups, then the authority shall decide, before allocating the first Assistant. 

·        Annex 1 – Disciplinary Procedure for the Head of Paid Service (Chief Operating Officer), the Monitoring officer and Chief Finance (s151) Officer.

2.7 If the Head of Paid Service (or the Monitoring Officer is the compliant is against the Head of Paid Service) decides that the allegations should be filtered out of the process, this shall be the end of the procedure and the Statutory Chief Officer will be sent a letter informing them of the decision as soon as possible.

·        Annex 2, Disciplinary Procedure for Non-Statutory Chief Officers.

2.4  If an informal resolution is not appropriate, the Head of Paid Service (or as delegated to their Chief Officer) will consider the evidence and, unless the matters are clearly unfounded or trivial, the Head of Paid Service (or as delegated to their Chief Officer) may contact the non-Statutory Chief Officer informing them of the allegations and asking for their representations.  A meeting may be arranged by the Head of Paid Service (or as delegated to their Chief Officer) with the non-Statutory Chief Officer to discuss the allegations.

2.7   If the Head of Paid Service (or as delegated to their Chief Officer) decides that the allegations should be filtered out of the process, this shall be the end of the procedure and the non-Statutory Chief Officer will be sent a letter informing them of the decision as soon as possible.

Annex 5, Article 11 – Staffing Matters and Urgency Committee

3.4  To arrange for the conduct of the recruitment and selection process in respect of the following Chief Officers:

Following debate and on being put to the vote, the recommendations, including the suggested amendments, were declared CARRIED, and it  ...  view the full minutes text for item 55.

To receive a report recommending the appointment of an Independent Member for Audit and Governance Committee and an Independent Person for Joint Standards Committee.

The following recommendation contained in the report of the Director of Governance was moved by Cllr Rowley and seconded by Cllr Fisher.  

“To approve the following appointments:

1.  Myles Binney as an Independent Member of the Audit and Governance Committee

2.  Roseleen Mazza as an Independent Person of the Joint Standards Committee”

On being put to the vote the recommendation was declared Carried, and it was

Resolved:  That the above recommendation be approved.¹

To consider the appointments and changes to membership of committees and outside bodies set out on the list attached to this summons.

Resolved:  That the appointments and changes to membership of committees, working groups and outside bodies, as set out on page 345 of the agenda, be approved.¹