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:

No prejudicial or disclosable pecuniary interests were declared:

To approve and sign the minutes of the Council meeting held on 31 October 2019.

Resolved:  That the minutes of the last meeting of Council, held on 31 October 2019 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 announced that His Honour Judge Sean Morris was in attendance at the meeting and wished to say a few words about his appointment on 31 October 2019 to the post of Honorary Recorder of York.  Judge Morris then spoke, expressing his appreciation for the appointment, which he considered a great honour in view of the ancient tradition of the post, and thanking Council Members for the work that they did in the city.

The Lord Mayor then invited Cllr Aspden to nominate the Lord Mayor Elect for the 2020/21 Municipal Year, subject to consideration of the Council’s protocol for nominating Lord Mayors at the Executive meeting on 21 January 2020.  Cllr Aspden nominated Cllr Chris Cullwick as the Lord Mayor Elect. 

Cllr Cullwick confirmed that he would be honoured to accept this office with the assistance of his wife, Joy Cullwick, as Lady Mayoress. He also nominated Cllr Ashley Mason as his Sheriff, with Danielle Mason as Sheriff’s Lady, for the 2020/21 Municipal Year.

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, 18 December 2019.

To register to speak please contact the Democracy Officer 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

It was reported that five members of the public had registered to speak at the meeting under the Public Participation item.

Suzie Mercer spoke on a matter within Council’s remit, querying why she had received no response to her query on inaccurate information presented to the Decision Session of the Executive Member for Transport on 24 October 2019 regarding a petition seeking a weight restriction on the B1228 through Elvington.

Gwen Swinburn spoke on Agenda Item 6 (Independent Remuneration Panel), expressing concern about the levels of the recommended increases to Members’ Allowances and querying whether proper process had been followed in bringing the recommendations to Council.

Peter Richardson spoke on a matter within Council’s remit, namely the level of the Adult Social Care precept, which he considered was unacceptably high and therefore precluded any increase to Members’ allowances.

ManarMatusiak, of Living Autism Ltd., spoke in support of the ‘Autism Friendly City’ motion at item 9(i) on the agenda, describing the work already carried out by her organisation and others towards implementing an autism-friendly strategy in York.

Tom Franklin, of York Green Party, spoke in support of the motions on ‘Tree Planting Policy’ and A Healthier, Greener York at items 9(iii) and 9(iv) on the agenda, detailing the environmental and health benefits of trees and the need to reduce reliance on car based transport in order to reach carbon reduction targets.

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 Douglas, on behalf of residents of Yearsley Crescent, Heworth, requesting an assessment for a Residents’ Parking Scheme for their street.

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

·        A petition signed by 31 residents of Yearsley Crescent, asking for a consultation to be carried out for their street to become a Residents’ Priority Parking zone.¹

To consider the final report and recommendations of the IndependentRemuneration Panel in relation to Members’ allowances.

Council received a written report from the Monitoring Officer which presented the final report and recommendations of the Independent Remuneration Panel (IRP) in relation to the allowances payable to Members.

The Lord Mayor invited the Chair of the IRP, David Dickson, to address the meeting prior to the recommendations being formally moved.  In doing so, Mr Dickson outlined the work carried out by the panel members and explained the principles underlying their final recommendations. 

Cllr Aspden then moved, and Cllr D’Agorne seconded, the following recommendations as set out on page 1 of the supplementary agenda papers:

“That Council:

1)   Adopt the scheme of allowances recommended by the Panel and approve the financial implications from 1 April 2020 (an additional increased cost per annum of circa £120k) being addressed and taken into account, as part of the forthcoming budget setting process for the Council for 2020/21 onwards;

2)   Authorise the Interim Chief Executive to implement the changes and backdate to 22 May 2019 (Annual Council Meeting), with any budgetary implications up to 31 March 2020 (an additional one-off cost of circa £100k) being met from the general contingency budget 2019/20;¹

3)   Ask the Monitoring Officer to make any consequential constitutional changes.”²

A named vote was then requested and taken on the recommendations, with the following result:

Note: Cllr Fisher was out of the room when the above vote was taken.

The recommendations were declared CARRIED and it was

Resolved:  That the above recommendations be approved.^1&2

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 was received from the Executive Leader, Cllr Aspden, on the work of the Executive.

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

Local Plan

·        From Cllr Warters - did the Leader share the pride expressed by Cllr Ayre in the Plan, in view of the effect of inward immigration on the green belt and infrastructure of the city?

The Leader replied that he endorsed the comments of Cllr Ayre, and that the Plan provided the right balance between protecting the city and the green belt and providing economic opportunities and housing.

The Council’s Approach to Equalities

·        From Cllr Fitzpatrick - was the approach anything more than words, as there had been no consultation with the Equalities Board and no Liberal Democrat attendance at the Human Rights network?

·        From Cllr Melly (supplementary) – why was there no re-assessment of the 2017 commitment to look at all policy through the prism of the Human Rights Act?

The Leader replied that he understood there was an action plan which Cllr Smalley would be happy to share with the network and that the report to Executive on 28 November 2019 had confirmed the 2017 commitment.

Budget

·        From Cllr Baker – how would the budget setting process proceed after the Executive Member Decision Sessions and would all Members have copies of the reports?

The Leader replied that all the budget papers for the Decision Sessions would be published at the same time and there would be a further opportunity to see the budget proposals when the agenda for the Executive meeting was published.

Make it York (MIY)

·        From Cllr Myers – in view of the effect on market traders of issues arising from this year’s Christmas events, what future relationship was envisaged with MIY, and would the issues be discussed with its new Chair?

The Leader replied that the situation would be reviewed in the new year, to ensure that the council and MIY worked effectively together on major events in the future and improved their communications.  He noted that much work had already been done to engage with MIY and that advice on safety and anti-terrorism measures also had to be taken into consideration.

B – Executive Recommendations

Establishing an Investment Budget for a Strategic Commercial Property Acquisition

Cllr Aspden moved, and Cllr D’Agorne seconded, the following recommendation contained in Minute 74 of the Executive meeting held on 28 November 2019:

Recommended:  That a capital budget of £2.85 million be established to fund the acquisition of the freehold interest in a York city centre asset, as set out in the exempt annex to the (Executive) report.

Reason:              To ensure the ongoing vibrancy of the city centre, whilst increasing the income from the council’s commercial portfolio in line with budget targets.

On being put to the vote, the recommendation was declared  ...  view the full minutes text for item 44.

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 D’Agorne.

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

Make it York / Christmas market

·        From Cllr Douglas – would there be a public apology to the York market traders and (supplementary) shouldn’t action have been taken when the issue was flagged up in October?

·        From Cllr Fitzpatrick (supplementary) – would opposition group representation on the MIY Board be considered?

The Deputy Leader replied that he would be happy to apologise to traders for the situation.  Although a public response had been difficult at the time due to the ‘purdah’ period, action had been taken. The complaints had been escalated, discussed at a meeting and a solution reached that allowed more flexibility while recognising safety advice. He felt he had done all he could. Regarding membership of the Board, he would be happy to review the mechanisms put in place by the Labour administration.

Bus-based Clean Air Zone

·        From Cllr Barnes – was 100% compliance still expected from the bus operators and (supplementary) why was York not going as far as other authorities?

The Deputy Leader replied that, despite some delay, the policy remained the same, with funding made available for operators to convert non Park & Ride (P&R) vehicles to electric and for electric P&R vehicles to enter service in the new year. York had been excluded from government funding due to its size, so had to work within tighter financial constraints than cities such as Leeds.

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 Fisher

Autism-Friendly City

“Autistic people see, hear and feel the world differently to other people.  Autism is a spectrum condition and all autistic people share certain difficulties, but being autistic will affect them in different ways.

Some autistic people also have learning disabilities, mental health issues or other conditions, meaning people need different levels of support. All people on the autism spectrum learn and develop. With the right sort of support, all can be helped to live a more fulfilling life of their own choosing.

Our vision is to make York an autism-friendly city where people with autism have the same opportunities as everyone else.

Council notes:

·        Autism is much more common than most people think. There are around 700,000 autistic people in the UK - that's more than 1 in 100;

·        Whilst many autistic people are able to live a full independent life, some find certain situations difficult to cope with;

·        York is proud to have an Autism Strategy, which is designed to support all those with autism in the city, and an Autism Strategy Board, which is made up of people from health and social care organisations, education, the police, charities, people with autism and their families and carers.

Council resolves:

·        That Council officers identify opportunities for frontline staff and Councillors, who have regular interactions with residents, to receive appropriate training to help residents with autism receive the best service from the Council and their ward Councillors;

·        To encourage other organisations who interact with the public to take note of the Council’s Autism Strategy and offer training in autism awareness to their staff;

·        That Council officers produce a report for consideration by the Executive Member for Adult Social Care and Health, identifying opportunities where the Council can support young autistic people during their transition to adulthood, and raise awareness of the support already on offer in the city.”

(ii)         From Cllr Pavlovic

Affordable Housing Supply

“This Council agrees with Executive that the city has a housing crisis.  But it goes further in stating that the city has a crisis in the availability of genuinely York-affordable homes, and notes:

·        that the Executive’s Housing Delivery Programme (HDP) will deliver 120 homes for social rent, 120 for shared ownership and 360 to be sold at full market rate;

·        the absence of any published financial appraisal of the HDP necessary to justify this split of tenures, nor of any alternative delivery models explored in delivering York-affordable homes that protect against the failing right to buy (RTB) system;

·        that council homes built as part of the HDP will be eligible for RTB at build cost for anyone with 3 years secure tenancy; and after 15 years at the usual discount levels;

·        the loss of 331 social rented council homes over the past five years through RTB - 211 more than the HDP will create over the  ...  view the full agenda text for item 46.

(i)           Autism-Friendly City

Moved by Cllr Fisher and seconded by Cllr Orrell.

“Autistic people see, hear and feel the world differently to other people.  Autism is a spectrum condition and all autistic people share certain difficulties, but being autistic will affect them in different ways.

Some autistic people also have learning disabilities, mental health issues or other conditions, meaning people need different levels of support. All people on the autism spectrum learn and develop. With the right sort of support, all can be helped to live a more fulfilling life of their own choosing.

Our vision is to make York an autism-friendly city where people with autism have the same opportunities as everyone else.

Council notes:

·        Autism is much more common than most people think. There are around 700,000 autistic people in the UK - that's more than 1 in 100;

·        Whilst many autistic people are able to live a full independent life, some find certain situations difficult to cope with;

·        York is proud to have an Autism Strategy, which is designed to support all those with autism in the city, and an Autism Strategy Board, which is made up of people from health and social care organisations, education, the police, charities, people with autism and their families and carers.

Council resolves:

·        That Council officers identify opportunities for frontline staff and Councillors, who have regular interactions with residents, to receive appropriate training to help residents with autism receive the best service from the Council and their ward Councillors;

·        To encourage other organisations who interact with the public to take note of the Council’s Autism Strategy and offer training in autism awareness to their staff;

·        That Council officers produce a report for consideration by the Executive Member for Adult Social Care and Health, identifying opportunities where the Council can support young autistic people during their transition to adulthood, and raise awareness of the support already on offer in the city.”

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

Resolved:  That the above motion be approved.¹

(ii)         Affordable Housing Supply

Moved by Cllr Pavlovic and seconded by Cllr Douglas.

“This Council agrees with Executive that the city has a housing crisis.  But it goes further in stating that the city has a crisis in the availability of genuinely York-affordable homes, and notes:

·        that the Executive’s Housing Delivery Programme (HDP) will deliver 120 homes for social rent, 120 for shared ownership and 360 to be sold at full market rate;

·        the absence of any published financial appraisal of the HDP necessary to justify this split of tenures, nor of any alternative delivery models explored in delivering York-affordable homes that protect against the failing right to buy (RTB) system;

·        that council homes built as part of the HDP will be eligible for RTB at build cost for anyone with 3 years secure tenancy; and after 15 years at the usual discount levels;

·        the loss of 331 social rented council homes over the past five years through  ...  view the full minutes text for item 46.

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

In accordance with Standing Order 21, Members were invited to question the Leader and / or the other Executive Members on any matters within their portfolio areas.  Questions were received from the floor from the following Members in relation to the subjects listed and responded to by the relevant Executive Member as indicated:

To Cllr Aspden, Executive Leader:

·        From Cllr Rowley - could he confirm that, once the HIF funding had been released, he would push ahead with York Central?

Response: Yes, now that the Housing Minister and the Northern Powerhouse Minister were back in their posts, it was an appropriate time to go back to them and seek release of the funding.

To receive a written report from the Executive Member for Culture, Leisure & Communities, and to question the Executive Member thereon, in accordance with Standing Order 19.

A written report was received from Cllr Smalley, the Executive Member for Culture, Leisure and Communities. 

Members were then invited to question Cllr Smalley on his report and questions were received from the floor from the following Members in relation to the subjects listed, and replied to as indicated:

The York Community Stadium, Community Hub

·        From Cllr Doughty – why did he need the help of so many officers in writing his report and did he regret being the first Executive Member with this portfolio not to be trusted with the Community Stadium itself?

·        From Cllr Ayre (supplementary) – would it not have been remiss of him to exclude mention of the Hub, since it was part of York Explore libraries and thus within his portfolio? 

The Executive Member replied that he had thanked officers out of courtesy and that, as a major project, the Stadium fell within Cllr Ayre’s portfolio. He agreed that it was appropriate to mention the Hub and highlight this administration’s commitment to libraries.

Community Venues and Hubs

·        From Cllr D Taylor – could more be done to support local music promoters, such as managed poster sites in the city as suggested by a previous scrutiny review of the night time economy?

The Executive Member agreed that it could and that he would be happy to facilitate a meeting with Cllr Taylor and the York Music Venues Network to progress this.

·        From Cllr Hollyer – when would the new Burnholme Sports Centre be opening?

The Executive Member replied that the Centre would open on 8 January 2020, with a new gym, 2 studios and a sports hall; grass pitches would open in early autumn.

·        From Cllr D Taylor – would discussions be held with operators SMG Europe on increasing the capacity of the Barbican to 2,000, to attract larger acts to the city?

The Executive Member replied that he would be happy to open a dialogue with SMG on this proposal.

To receive a report from Councillor Crawshaw, Chair of the Customer & Corporate Services Scrutiny Management Committee, on the work of the Committee and to consider the Scrutiny recommendations for approval, as set out below:

A written report was received from Cllr Crawshaw, Chair of the Customer & Corporate Services Scrutiny Management Committee on the work of the Committee since the last report to Council, on 31 October 2019.

Cllr Crawshaw then moved, and Cllr K Taylor seconded, the following recommendation contained in Minute 24 of the meeting of the Climate Change Policy & Scrutiny Committee held on 16 December 2019:

Recommended: That Council sign up to the Covenant of Mayors for Climate and Energy at the 19 December 2019 meeting.

Reason:     To ensure that the Committee continued to support the Council’s pledge to becoming carbon neutral by 2030.

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 set out on page 17 of the Agenda Supplement be approved.

This report recommends removing the designation of the role of Monitoring Officer from the Interim Assistant Director of Legal & Governance and re-designating it to the Director of Governance.

Cllr Aspden moved, and Cllr Cuthbertson seconded, the following recommendation set out in the report at page 89 of the Agenda:

Recommended:  That Council remove the designation of the role of the Monitoring Officer from the Interim Assistant Director of Legal & Governance and re-designate it to the Director of Governance on 1 January 2020.

Reason:              To ensure that the Council is compliant with its legal obligations and is operating appropriately with the necessary advice and guidance required from a Monitoring Officer.

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

Resolved:            That the above recommendation be approved.¹