Agenda and minutes

At this point, Members are asked to declare:

·        any personal interests not included on the Register of Interests

·        any prejudicial interests or

·        any disclosable pecuniary interests

which they may have in respect of business on this agenda.

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.

The following personal interests were declared:

The following prejudicial or disclosable pecuniary interests were declared:

To approve and sign the minutes of the Council meeting held on 20 July 2017.

Resolved:  That the minutes of the last meeting of Council held on 20 July 2017 be approved and then signed by the Lord Mayor as a correct record.

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

The Lord Mayor announced that she had recently received three gifts during the course of her civic duties; a book from Münster, a scroll from Nanjing and a teapot from Chansa.  The book and the scroll were available to view in the meeting room.

She went on to announce the launch of a calendar, called ‘York, a Different View’, which would shortly be on sale for £5 in outlets across the city, with all proceeds going to the Lord Mayor’s Charities.

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 Wednesday 25 October 2017.

To register to speak please contact the Democracy Officers for the meeting, on the details at the foot of the agenda.

WEBCASTING NOTICE

Please note: this meeting may be filmed for live or subsequent broadcast via the internet - at the start of the meeting the Lord Mayor will confirm if all or part of the meeting is being filmed.

You should be aware that the Council is a Data Controller under the Data Protection Act. Data collected during this webcast will be retained in accordance with the Council’s published policy.

Public seating areas will not be filmed by the Council.

The Council’s protocol on Webcasting, Filming & Recording of Meetings ensures that these practices are carried out in a manner both respectful to the conduct of the meeting and all those present.  It can be viewed at http://www.york.gov.uk/download/downloads/id/11406/protocol_for_webcasting_filming_and_recording_of_council_meetings_20160809.pdf

Nine members of the public had registered to speak under public participation. 

Gwen Swinburn, a local resident, spoke in relation to issues around governance and transparency and in particular regarding circumstances arising from an Audit & Governance Committee meeting, as well as the process for lodging complaints in line with the Standards Board procedures.

Michael Palmer, a hackney carriage driver, spoke in relation to Uber cabs in the city and expressed concerns about the operation of the company in York.      

Keith Hatfield addressed the Council, also in relation to the Uber licence. He raised concerns about the way be believed the company had been operating.

Mick Roberton-Moss also spoke in relation to Uber. He reminded Members of the importance for taxi drivers to have a good knowledge of the local area and asked Members to note that drivers were often required to carry vulnerable passengers.

Wendy Loveday, a local resident, spoke in relation to the report of the Executive Member for Transport and Planning with specific regard to the comments he had made on taxis. At this point, Cllr Gillies made a personal statement to Council in response to comments the speaker had made about him personally.

Louise Ennis spoke  raising concerns regarding the  legitimacy of the Planning Committee decision on 18 October to approve the demolition of the Carlton Tavern. In her opinion, the tavern was an important landmark of worth to the people of York and to the community which had been listed as an asset of community value earlier in the year. As a result, she urged the Council to allow a fuller debate on the future of the Carlton Tavern.

Although, Mr Chris Barrett had registered to speak at the meeting he had had to give his apologies and was not in attendance.

Honorary Alderman Brian Watson spoke in relation to the report of the interim Deputy Leader and in relation to the community stadium. He welcomed the Deputy Leader’s comments on the consultation of the local plan and inclusion of Castle Gateway area but reiterated his concerns, raised at the previous meeting, that only Guildhall Ward, and not other wards in the city, had received a presentation on this by the project team. 

Norbert Lawrie addressed the Council on behalf of NFA (No Fixed Abode) in relation to Cllr Craghill’s motion on homelessness in York. He stressed the importance of raising awareness of homelessness and expressed his thanks to councillors for supporting a recent rally. He urged the Council to look at options and the need for longer term plans to be put into action.  

To consider any petitions received from Members in accordance with Standing Order No.15.  Notice has been received of one petition to be presented by:

·        Cllr Flinders, on behalf of Guildhall Ward residents, calling for a safe crossing on Lowther Street

Under Standing Order 15, the following petition was presented by Cllr Flinders, for reference to the Customer and Corporate Services Scrutiny Management Committee, in accordance with the Council’s arrangements for petitions:

·        A petition on behalf of residents of Guildhall Ward, calling for a safe crossing on Lowther Street.¹

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

A.  Executive Leader’s Report

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

Members were then invited to question Cllr Carr on his report and questions were received from the floor from the following Members in relation to the subjects listed:

·        Cllr Flinders – provision of housing through local plan

·        Cllr Kramm – York Central and position of CYC in York Central Partnership

·        Cllr Crawshaw – concern over levels of York schools pupil funding

Cllr Carr responded directly to all the questions put to him, including supplementary questions.

B.  Executive Recommendations

Investment in New Extra Care Accommodation for Older People at Marjorie Waite Court following closure of Burton Stone Lane Community Centre

Cllr Carr moved, and Cllr Waller seconded, the following recommendation contained in Minute 51 of the Executive meeting held on 31 August 2017:

“Recommended :    That the Executive recommend to Council that the estimated £6.667m of gross cost for the Marjorie Waite Court extension and the community facilities are added to the Capital Programme with the costs to be funded from the Housing Revenue Account (HRA) investment reserve, recycled right to buy receipts, other Housing Capital Receipts and capital held by the Older Persons’ Accommodation Programme for the purpose of expanding the provision of accommodation with care with the receipts received from the sale of Older People’s Shared Ownership properties being used to reduce the gross cost of the scheme.

Reason:                   In order to deliver a more cost-effective community facility service and increase the supply of Extra Care accommodation with care to address the changing needs and aspirations amongst York’s older population and ensure that more can choose to live independently at home.”

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

Resolved:  That the above recommendation in respect of funding new Extra Care accommodation at Marjorie Waite Court be approved. ¹

Quarter 1 Capital Programme Monitor

Cllr Carr moved, and Cllr Waller seconded, the following recommendation contained in Minute 52 of the Executive meeting held on 31 August 2017:

“Recommended:          That Executive recommend to Full Council the adjustments resulting in a decrease in the 2017/18 budget of £14.065m, as detailed in the report and contained in Annex A.

Reason:              To enable the effective management and monitoring of the Council’s capital programme.”

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

Resolved:  That the above recommendation in respect of the Quarter 1 Capital Programme be approved.²

Minerals and Waste Joint Plan – Submission

Cllr Carr moved, and Cllr Waller seconded, the following recommendations contained in Minute 74 of the Executive meeting held on 19 October 2017:

“Recommended:         

1.   That Full Council approve the Submission Draft of the Minerals and Waste Joint Plan for York, North Yorkshire and North York Moors National Park (comprising the Publication draft Plan (2016) accompanied by the Addendum of Proposed Changes (2017) for submission for examination;

2.   The Director of Economy and Place  ...  view the full minutes text for item 35.

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

A report was received from Cllr Waller, the Interim Deputy Leader, on his portfolio area.

Members were then invited to question Cllr Waller on his report and questions were received from the floor from the following Members in relation to the subjects listed: 

·        Cllr Taylor –York Central consultation – concern over lack of transparency and query about  making it a car free development

·        Cllr Mason – Update on work on Foss Barrier

·        Cllr Danny Myers – update on discussion with defence infrastructure organisation

·        Cllr Warters – levels of proposed development in the city

Cllr Waller responded directly to all the questions put to him, including supplementaries.

To consider the following Motions on Notice under Standing Order 22:

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

(i)              From Cllr Rawlings

Devolution for York

“Council notes:

That York has been closely involved with the ongoing negotiations seeking a resolution regarding devolution arrangements for Yorkshire;

The council’s position at these meetings has been to ensure that York plays a central role in the outcome of whatever ‘devolution deal’ eventually emerges from these talks and has at all times kept the interests of York residents and business at the heart of its discussions with the other Yorkshire authorities;

Council therefore endorses continuing negotiations with other Yorkshire authorities, and recognising that a separate South Yorkshire deal is now highly likely, would therefore prefer a Greater Yorkshire solution incorporating as much of Yorkshire’s historic North, East and West Ridings as possible which will benefit York Residents and the county as a whole.

The Council will therefore support the continuing efforts of the council leader in his negotiations.”

(ii)         From Cllr Cuthbertson

Library Services in York

“Council notes:

The importance of library services to the residents of York in supporting lifelong learning and development and providing access to information and advice, regardless of personal circumstance.

The vital role that libraries fulfil in providing a focal point for people of all ages and backgrounds to meet and share ideas and experience.

The important contribution made by volunteers and friends groups in supporting the provision of library services across the city.

The beneficial effect that volunteering can have on personal wellbeing.

The intention of City of York Council to consult residents on a potential ‘vision’ for the future of York’s library service, to inform a specification for the next contract period.

Council resolves: 

To urge the Executive to consult on a proposed vision for the future that includes the provision of locally-based and sustainable library services that meet residents’ needs and a commitment that there will be no reduction in the total number of staffed libraries across the city.”

(iii)        From Cllr Pavlovic

HMO Standards

“Council believes all housing should meet a basic minimum standard that provides safe living accommodation for those that occupy it, and that there is currently a significant requirement for the private rented sector (PRS) to meet local housing need.

Council notes:

·        previous steps taken to improve housing standards in York and to create balanced communities through the introduction of mandatory licensing for large 'Houses in Multiple Occupation' (HMOs);

·        the significant rise in recent years in the number of smaller HMOs that do not currently require licensing;

·        an estimated 23% of PRS properties in York containing category 1 hazards (posing a serious and immediate risk to a person’s health and safety);

·        cross-party support on City of York Council for extended licensing of HMOs at the May 2016 call-in meeting on the Private Sector Housing Strategy.

Council believes that, to ensure clear standards are maintained within the PRS, licensing should be extended as a valuable step  ...  view the full agenda text for item 37.

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

(i)      Devolution for York

(Proposed by Cllr Rawlings and seconded by Cllr Carr)   

“Council notes:

·        That York has been closely involved with the ongoing

negotiations seeking a resolution regarding devolution

arrangements for Yorkshire;

·        The council’s position at these meetings has been to ensure that York plays a central role in the outcome of whatever ‘devolution deal’ eventually emerges from these talks and has at all times kept the interests of York residents and business at the heart of its discussions with the other Yorkshire authorities.

Council therefore endorses continuing negotiations with other Yorkshire authorities, and recognising that a separate South Yorkshire deal is now highly likely, would therefore prefer a Greater Yorkshire solution incorporating as much of Yorkshire’s historic North, East and West Ridings as possible which will benefit York Residents and the county as a whole.

The Council will therefore support the continuing efforts of the Council Leader in his negotiations.”

Notice had been received of two amendments, the first from Cllr Aspden and the second from Cllr S Barnes.

Amendment from Cllr Aspden

“After the 2^nd paragraph, insert:

‘Council recognises:

1.   The requirement for cross party support in York and across the region for a meaningful and long-lasting devolution of decision making from central Government.

2.   The need to continue negotiations with other Yorkshire authorities in an open and transparent nature.

3.   The positive input recently from the debate in the House of Commons called by John Grogan MP (Keighley but formerly Selby) on 10^th October 2017 seeking an all party solution.

4.   The need to clarify York’s position given recent misrepresentations in the media.

In the third paragraph, after ‘Yorkshire authorities’ insert: ‘to enable the maximum geographic coverage of the historic boundaries to be included in a long lasting solution’ and then delete the rest of the paragraph.

Delete the final paragraph and insert:

‘Council requests that a report to the Executive establishes a clear means for proper negotiations with other authorities and meaningful consultation with York residents.’

Amendment from Cllr S Barnes:

“At the end of the second paragraph, insert:

·        ‘That the devolution landscape in Yorkshire is such that no one outcome is currently certain.

·        The strong support of the CBI for a devolution deal for Yorkshire on the largest scale possible’

Make the following deletions and additions to the 3rd paragraph:

-      In the first line, delete ‘continuing’, delete ‘other’ and insert ‘all’

-      In the second and third lines, delete all from ‘and recognising’ to ‘prefer’, insert a full stop after authorities’ and then insert ‘Council further recognises that while’

-      In the fifth line, delete ‘as’ and insert ‘remains’ and after ‘possible’ insert ‘a One Yorkshire deal’

-      At the end, after ‘whole’, delete the full stop and insert ‘and which residents can better identify with, should be actively pursued as York’s first priority’.

In the final paragraph,  ...  view the full minutes text for item 37.

To question the Leader and/or Executive Members in respect of any matter within their portfolio responsibility, in accordance with Standing Order 20.

At this point in the meeting the guillotine fell, and remaining matters were deemed moved and seconded as required under the Constitution. No questions were therefore put to the Leader or Executive Members in respect of any matter within their portfolio responsibility in accordance with Standing Order 20.

To receive a written report from the Executive Member for Transport and Planning and to question the Executive Member thereon, in accordance with Standing Order 19.

Council received a written report from Cllr Gillies, Executive Member for Transport and Planning. 

As the guillotine had already fallen, no questions were put to the Executive Member on his report in accordance with Standing Order 19 and it was:

Resolved:  That the report be received and noted.

To receive a report from Councillor Williams, the Chair of the Customer and Corporate Services Scrutiny Management Committee (CCSMC) on the work of the Committee.

Council received the report of the Chair of the Customer and Corporate Services Scrutiny Management Committee on the work of the Committee since the last report to Council in July 2017 and it was:

Resolved:  That the report be received and noted.

To consider appointments to the School Admission and/or Exclusion Appeals Panel as set out on the list attached to this summons.

Resolved:  That the appointment of additional school admission/exclusion appeals panellists as set out in the council agenda papers, be approved.