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.

It was noted that a number of Members had already indicated that they had an interest in Cllr Barnes’ motion relating to student loans either because they had a loan or someone with whom they had a close association had a loan.  Because the business of the Council would be impeded if they all had to withdraw, a dispensation  was   granted allowing the following Councillors  to participate: Councillors Alexander, Fitzpatrick, Scott, Barnes, Levene, Cunningham-Cross, Wiseman, Brooks, Douglas, Gunnell, Riches, Cuthbertson, Runciman,  Aspden, Potter, D’Agorne and Crisp.  Councillor D’Agorne also declared a personal interest in this item as his employment necessitated him advising students on loans and progression to university.

The following personal interests were also declared:

The following prejudicial interests were declared:

To approve and sign the minutes of the last Council meeting held on 10 October 2013.

Resolved:  That the minutes of the last meeting of Council held on 10 October 2013 be approved and signed by the Chair as a correct record.

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

(a)      Invite Council’s nomination for the Lord Mayor  Elect 2013/14 in line with the Council’s Protocol for Nomination of Lord Mayors; and

(b)      Invite Lord Mayor Elect 2013/14 to announce the nominee for Sherriff for 2013/14.

The Lord Mayor expressed her sadness at the loss of a number of friends and colleagues who had died in service during the last year.  This was particularly poignant as the funeral of Kate Dowling, the Customer Services Team Manager from West Offices, would take place the following day.  The Lord Mayor passed on condolences to Kate’s family and friends.

She went on to remind Council that Kevin Hall, the Interim Director of Adults, Children andEducation would leave the authority on Friday to take up his new appointment as Director of Children’s Services East Yorkshire Council. Members expressed their thanks to Kevin for his work for the authority and their very best wishes for the future. 

The Lord Mayor then invited Councillor Barton to nominate the Lord Mayor Elect for the Municipal Year 2014/15.  Councillor Barton nominated, and Councillor Alexander seconded Councillor Gillies as the Lord Mayor Elect and this nomination was unanimously agreed. Cllr Gillies replied that he would be honoured to accept this office and nominated Mr John Kenny as Sheriff for the 2014/15 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 11 December 2013.

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 and public participants, registering to speak at the meeting, will not be filmed unless their consent has been obtained.

Link to Protocol for Webcasting, Filming and Recording of Council Meetings:

http://democracy.york.gov.uk/ieListDocuments.aspx?CId=437&MId=8065&Ver=4

The Lord Mayor announced that six members of the public had registered to speak at the meeting.

Stephen Pittam of the York Travellers Trust spoke in support of the Cabinet recommendation to extend the Osbaldwick Travellers’ Site. He explained the issues faced by the traveller and gypsy community, including overcrowding and a lack of suitable facilities. He stated that the Cabinet recommendations would provide a way forward and present opportunities for a new start at the site.

Christine Sheppard from the York Travellers Trust also spoke in support of the Cabinet recommendation to extend the Osbaldwick Travellers’ Site.  She drew attention to the Authority’s legal responsibilities and stated that the investment in the site would show a real commitment to meeting these obligations.  She acknowledged local concerns regarding anti-social behaviour and the management of the site and stated that these problems were being addressed.  Ms Sheppard stated that it was important that the residents of the site were not marginalised and that there was a need for a multi-agency approach to be taken to address the inequalities faced by this community.

Chris Fuller spoke in support of the York Housing Crisis Petition.  He gave details of the number of families who had been affected by the cut in benefits and drew attention to the lack of one bed roomed homes in York.  He stated that there was a need to build more Council houses and for there to be fair and low rents in the private sector.  Mr Fuller stated that if the Council was to implement a policy of no evictions this would have a huge impact.

Michelle Wyatt spoke in support of the Kings Square petition. She gave details of the way in which signatures had been collected and stressed the need to retain footfall in the city and to ensure that it remained attractive to tourists.  Ms Wyatt stated that the cart tracks were greatly valued and that democracy was not functioning as it should, as so many people had written to the Council on this issue and felt unheard.

George Hughes spoke in support of the petition requesting the removal of bollards located at the Campus end of Old Heslington Road.  He gave details of the dangers posed by the current bollards, particularly for cyclists and the disabled.  Details were given of proposed alternatives to the current bollards.  Mr Hughes suggested that the university may be willing to provide some financial assistance to enable the bollards to be replaced by something more appropriate.

i)          To debate the following petitions, signed by over 1,000 people, in accordance with the Council’s petitions scheme:

a)   Bedroom Tax – signed by 1060 people

The signatories “petition the Council to:

i)             Make a commitment not to evict any tenant who falls into arrears as a direct result of the bedroom tax or reduction in council tax discount.

ii)            Look at reclassifying council owned properties as smaller homes, to ensure rooms not used as bedrooms are not classified as such, and to encourage housing associations in the York area to do the same. For example, an extra room used to store equipment related to a disability should not be classed as a bedroom, or a bedroom that is smaller than the government’s minimum space standards.”

 [A background report is attached to the agenda at Annex A]

b)  Kings Square – signed by 2130 people

The signatories “asked the Council for the cobbles and cart tracks (including post 1950 reconstruction of history) in York to be kept as a beautiful historic inspiration and an experience of times gone by. Destroy the litigation culture, not our heritage!”

[A background report is attached to the agenda at Annex B]

ii)        To consider any petitions received from Members in accordance with Standing Order No.7.  To date, notice has been received of two petitions to be presented by:

·                Cllr Barton on behalf of Wheldrake residents asking the Council to stop any further plans to build housing in Zone H28 in Wheldrake as referred to in the York Local Plan.

·        Cllr Taylor on behalf of residents requesting the removal of bollards located at the Campus end of Old Heslington Road.

A.  Petition relating to the Bedroom Tax – signed by 1060 people

In view of the number of signatories to the following petition asking the Council not to evict tenants who fell into arrears as a result of the bedroom tax or council tax discount and, in accordance with the Council’s current petitions scheme, this was discussed by Members. Consideration was also given to a background report from the Assistant Director for Housing and Community Safety:

The signatories “petition the Council to:

i)             Make a commitment not to evict any tenant who falls into arrears as a direct result of the bedroom tax or reduction in council tax discount.

ii)            Look at reclassifying council owned properties as smaller homes, to ensure rooms not used as bedrooms are not classified as such, and to encourage housing associations in the York area to do the same. For example, an extra room used to store equipment related to a disability should not be classed as a bedroom, or a bedroom that is smaller than the government’s minimum space standards.”

Following the debate the Lord Mayor confirmed that the petition and debate had been noted.

B.  Petition relating to Kings Square – signed by 2130 people

In view of the number of signatories to the following petition asking the Council to retain the cobbles and cart tracks in Kings Square and, in accordance with the Council’s current petitions scheme, this was discussed by Members. Consideration was also given to a background report from the Head of Highway Infrastructure:

The signatories “asked the Council for the cobbles and cart tracks (including post 1950 reconstruction of history) in York to be kept as a beautiful historic inspiration and an experience of times gone by. Destroy the litigation culture, not our heritage!”

Following the debate the Lord Mayor confirmed that the petition and debate had been noted.

C.  Petitions Presented Under Standing Order 7

Under Standing Order 7, petitions were presented by:

(i)          Cllr Barton, signed by Wheldrake residents requesting the Council to stop any further plans to build housing in Zone H28 in Wheldrake as referred to in the York Local Plan. ^1.

(ii)         Cllr Taylor on behalf of residents requesting the removal of bollards located at the Campus end of Old Heslington Road. ^2.

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

A written report was received from the Cabinet Leader, Cllr James Alexander, on the work of the Cabinet.

A       Questions

Notice had been received of thirteen questions on the written report, submitted by Members in accordance with Standing Orders. The first two questions were put and answered as follows and Cllr Alexander undertook to provide Members with written answers to the remaining questions:

(i)        From Cllr Ayre

“Can the Cabinet Leader please provide evidence of the following: how many residents have been brought out of poverty as a result of City of York Council “investing in infrastructure and bringing developments forward” and how many residents have been brought off benefits and into well-paid work as a result of City of York Council “investing in infrastructure and bringing developments forward”? Could he break these down by the number of residents attributed to each scheme since 2011.”

The Leader replied:

“The Economic Infrastructure Fund (EIF) is a set of interrelated projects geared towards improving York’s economy by stimulating the creation of jobs.

Since the fund was created, investment has gone into Park and Ride to enable people to be able to get to work. Major businesses such as Hiscox and John Lewis have moved to the city, we’ve seen successful job fairs opening up opportunities for large number of unemployed people. We have seen one of the biggest apprenticeship schemes for years led by the council. Over 1000 people have moved into work and this is because of the priority that this Labour administration gives to jobs and growth.

It will be impossible to break down the figures you request by each scheme since 2011, as the Economic Infrastructure Fund was not agreed by full council until February 2012. Its use began in April 2012 following the start of the new financial year.

However I have some figures that may help. Here is the profile of the improvement in employment in York.

Through this table you can see; Liberal Democrats left office in York with a higher number of York people receiving out of work benefits than when they started, the reduction under the Conservative Liberal Democrat Coalition was less than the reduction since Labour won control of the council and the reduction has been stronger since the establishment of the EIF.

However please reflect on my comments about in work poverty. Despite dramatic reductions in people receiving key out of work benefits in York, the cost of living is rising faster than wages. Therefore in work poverty is a key issue.

This is why the Living Wage is  ...  view the full minutes text for item 51.

To receive a report from Councillor Galvin, the Chair of the Corporate and Scrutiny Management Committee (CSMC) on the work of scrutiny since the last update to Council.

Council received the report of the Chair of Corporate and Scrutiny Management Committee, at pages 95 to 98, on the work of the Committee.

Councillor Galvin then moved and Councillor Runciman seconded acceptance of the report and it was

Resolved:  That the scrutiny report be received and noted.

Notice had been received of one question on the report submitted by a Member in accordance with Standing Orders.  Members agreed to receive a written response to the question, as set out below:

From Cllr Taylor

“Noting the failure of another call-in to Corporate and Scrutiny Management Committee as stated in paragraph 2, can the Chair inform Council when was the last time a call-in to SMC succeeded, and an issue was sent back to the Cabinet for re-consideration of the decision it had made?”

Reply:

“I can confirm that the last time a call-in to the Scrutiny Management Committee was referred back to Cabinet for reconsideration was on 5 April 2011 when the decisions relating to the Update on the Reablement Service and the Draft Framework for the York Low Emission Strategy were sent back to the Executive (Calling In) Committee for reconsideration.”

To receive a written report from the Cabinet Member for Leisure, Culture and Tourism, and to question the Cabinet Member thereon, provided any such questions are registered in accordance with the timescales and procedures set out in Standing Order 8.2.1.

Council received a written report from Councillor Crisp, Cabinet Member for Leisure, Culture and Tourism.

Notice had been  received of eleven questions on the report, submitted by Members in accordance with Standing Orders.  Members agreed to receive written answers to the questions, as set out below:

(i)      From Cllr Barton

“Could the Cabinet Member confirm as to whether or not any Branch Libraries will close either before or after the Community Benefit Society take over management of the service on 1^st April 2014, and if there are to be closures could she advise which branches will be closed?”

Reply:

“The purpose of our establishing a Community Benefit Society is to ensure that our service goes from strength to strength.  Cllr Barton may in fact have noticed that we have been in the business of opening libraries not closing them.  No, we are not closing any before 1 April.  As for the future, we will look to Explore Libraries and Archives to continue to make library services more accessible.  That doesn’t’t necessarily mean everything staying the same of course.  We are asking Explore to provide genuine community hubs where residents can access a range of services in new, more accessible ways.”

(ii)       From Cllr Ayre

          Could the Cabinet Member explain why attendance at all but one of York’s libraries was down in 2012/13 and how moves to a ‘community benefit society’ will help arrest this decline?

Reply:

“Attendances at York libraries are down just 0.4% down on 11/12, our record breaking year.  This is hardly surprising in a year that included the Olympics since nationally numbers are always down in years that include major sporting events.  In fact nationally visits to libraries were 6% down in 12/13 so once again York is bucking the trend.  The community benefit society will grow the excellent work that is underway to provide new forms of service delivery, opening up the service to a new generation of users.  Rowntree Park reading café and the library café at Sycamore House are just two examples of this which are beginning to swell the overall number of users.  The Community Benefit Society will bring the service much closer to communities and to its users and find new ways to make use of library buildings and to create new services for communities.”

(iii)     From Cllr Gillies

“Will the transformation taking place within the Library service provide a new Library as planned at the yet to be built Community Stadium?”

Reply:

“Yes, there will be a service point at the Community Stadium; this was never to be a library in the old-fashioned sense but a flexible space where people will be able to access books and other library services.”

(iv)    From Cllr Aspden

          “The report claims that the need to encourage more active leisure is a key priority. Given this, why is the council jeopardizing the future of local community centres and youth clubs and planning to privatise the running of council sports centres and  ...  view the full minutes text for item 53.

To consider the following recommendations for approval from the Audit and Governance Committee:

As Chair of the Audit and Governance Committee, Councillor Potter moved the following recommendation contained in minute 42 of the Audit and Governance Committee meeting held on 6 November 2013:

[That Council] adopt the revised scheme set out in the annex to the report as the Council’s arrangements for handling petitions subject to the final sentence of the first paragraph on Securing a Full Council Debate being amended to read “This means that the issue(s) it raise(s) will be discussed at a meeting which all Councillors can attend and the views will be considered by the relevant decision-makers”.

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

Resolved:  That the above recommendation of the Audit and Governance Committee meeting held on 6 November 2013 be approved. ^1.

A potential further recommendation from the Audit and Governance Committee had been included on the agenda.  This related to the public participation scheme.  As the Committee had deferred consideration of any changes to the scheme there was no recommendation presented to Council.

Minutes of the following meetings of outside bodies, received since the last meeting of Council, have been made available for Members to view via the Council’s website at

http://democracy.york.gov.uk/ecCatDisplay.aspx?sch=doc&cat=12959&path=0

Copies may also be obtained by contacting Democracy Support Group at West Offices, Station Rise, York (tel. 01904 551088)

·        Quality Bus Partnership – 11 September 2013

·        Fire Authority – 25 September 2013

·        Safer York Partnerships – 7 October 2013

·        Without Walls – 25 September 2013

·        Local Government North Yorkshire & York – 12 July 2013 & 4 October 2013

Members are invited to put any questions to the Council’s representatives on the above bodies, in accordance with Standing Order 11.2.

Minutes of the following meetings had been made available for Members to view on the Council’s website:

·        Quality Bus Partnership – 11 September 2013

·        Fire Authority – 25 September 2013

·        Safer York Partnership – 7 October 2013

·        Without Walls – 25 September 2013

·        Local Government North Yorkshire and York – 12 July 2013 and 4 October 2013

No questions had been submitted to representatives on outside bodies.

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 change to membership of the Economic and City Development Overview and Scrutiny Committee, as set out in the Council papers page 121, be approved. ^1.

To consider the following Notices of Motion under Standing Order 12:

A – Motions referred from the Cabinet in accordance with Standing Order 12.1(a)

None

B – Motions submitted for consideration directly by Council, in accordance with Standing Order 12.1(b)

(i)        From Cllr Burton

“Council notes the reduction in rights at work under the Conservative Liberal Democrat Government and the subsequent rise in the use of 'zero hour contracts'. 

Council believes rights of people at work are extremely important and that zero hour contracts undermine these rights. 

Council calls upon Cabinet to ensure that, so far as is consistent with the law, the Council’s procurement activity promotes good employment practice and does not permit the exploitative use of zero hours contracts.”

(ii)      From Cllr Watt

“This Council has no confidence in the Cabinet Member for Health, Housing and Adult Social Services and calls upon her to resign. The Cabinet member is called upon to resign because of her failure to deliver the ‘Affordable Housing’ that York needs and her consistent action over many years to support and implement housing policies that could only curtail or prevent the construction of new Affordable Homes.”

(iii)     From Cllr Aspden

“Save our Pubs

Council Notes:

Well-run pubs play an invaluable role at the heart of our local communities, providing safe, regulated and sociable environments in which people can interact whilst enjoying a drink responsibly.  

The New Economics Foundation estimates that 10.2% of money spent in supermarkets is retained locally compared to 20.6% of money spent in pubs.

The decline of community pubs in recent years means 26 pubs are closing every week across the UK (CAMRA, 2013), as the use of pub properties for other means has become increasingly financially lucrative.

York currently has a successful pub and beer scene, as highlighted by CAMRA’S 2014 Good Beer Guide, but it is not immune from economic and legislative pressures.

The new National Planning Policy Framework and the Localism Act 2011 establish new responsibilities and tools for local councils to promote and protect local pubs. However, the flexibility for a pub to be converted into a wide range of uses without planning permission still means local communities are often denied a say in what’s happening in their neighbourhoods and are unable to protect valued local pubs.

Council Supports:

Efforts by CAMRA and Liberal Democrat MP Greg Mulholland to lobby government and campaign to put local pubs back at the heart of our communities.

The decision by the Coalition Government in March to axe the beer duty escalator and introduce a 1p cut in beer duty - the first time beer duty has been cut since 1959.

Council Resolves to: 

Support community groups who wish to register their local pubs as Assets of Community Value;

Submit a proposal under the Sustainable Communities Act calling on the Government to help protect community pubs in England by ensuring that planning permission and community consultation are required before pubs are allowed to be converted to betting shops,  ...  view the full agenda text for item 57.

(i)        From Cllr Burton

“Council notes the reduction in rights at work under the Conservative Liberal Democrat Government and the subsequent rise in the use of 'zero hour contracts'. 

Council believes rights of people at work are extremely important and that zero hour contracts undermine these rights. 

Council calls upon Cabinet to ensure that, so far as is consistent with the law, the Council’s procurement activity promotes good employment practice and does not permit the exploitative use of zero hours contracts.”

Amendment  proposed by Councillor Taylor as follows:

Delete the first sentence and replace with:

Council notes, according to the Office for National Statistics the number of people employed on zero-hour contracts rose from 134,000 in 2006 (0.5 per cent of the workforce) to 208,000 (0.7 per cent) by the end of 2012. Other estimates put the unofficial figure higher. 

The Resolution Foundation and UNITE have both put this increase in the wider context of the growing trend of under-employment in the UK economy evident since 2008.

A November report from the Chartered Institute of Personnel and Development (CIPD) concluded that while workers on zero-hours contracts are more likely to be happy with their work-life balance than other staff and just over half of zero-hours workers did not want more hours, there was a need to improve poor practice such as notice periods given when work is cancelled.

In the second sentence insert the words “can in some instances” after the word “contracts”.

On being put to the vote the amendment was declared LOST.

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

Resolved:           That the above motion be approved.^1.

(ii)        From Cllr Watt

“This Council has no confidence in the Cabinet Member for Health, Housing and Adult Social Services and calls upon her to resign. The Cabinet member is called upon to resign because of her failure to deliver the ‘Affordable Housing’ that York needs and her consistent action over many years to support and implement housing policies that could only curtail or prevent the construction of new Affordable Homes.”

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

Resolved:           That the above motion, be not approved.

(iii)     From Cllr Aspden

“Save our Pubs

Council Notes:

Well-run pubs play an invaluable role at the heart of our local communities, providing safe, regulated and sociable environments in which people can interact whilst enjoying a drink responsibly.  

The New Economics Foundation estimates that 10.2% of money spent in supermarkets is retained locally compared to 20.6% of money spent in pubs.

The decline of community pubs in recent years means 26 pubs are closing every week across the UK (CAMRA, 2013), as the use of pub properties for other means has become increasingly financially lucrative.

York currently has a successful pub and beer scene, as highlighted by CAMRA’S 2014 Good Beer Guide, but it is not immune from economic and legislative pressures.

The new National Planning Policy Framework  ...  view the full minutes text for item 57.

To deal with the following questions to the Cabinet Leader and / or other Cabinet Members, in accordance with Standing Order 11.3(a):

(i)        To the Cabinet Leader from Cllr Barton:

“Can the Leader inform Council how much of the Governments £3.3 billion funding to mitigate the impact of localised tax support scheme in 2014/15 will be allocated to CYC and at what point will Parish Councils be informed how much of it will be passed on to them?”

(ii)      To the Cabinet Leader from Cllr Runciman:

“Is the Cabinet Leader still intending to hold a public meeting in each ward as part of his “community conversations” initiative and if so could he provide a timetable?”

(iii)     To the Cabinet Leader from Cllr Aspden:

“Will the Cabinet Leader provide the footfall numbers recorded each day in the city-centre since his last report to Council?”

(iv)    To the Cabinet Leader from Cllr Reid:

“On 10th November the Council Leader was quoted in The Press saying that the British Sugar development would “feature a large supermarket, bringing more jobs”. How big will this supermarket be and why did it not feature in the consultation exhibitions and online surveys undertaken with affected residents at the end of November?”

(v)      To the Cabinet Leader from Cllr Reid:

“How much taxpayers’ money has been spent on supporting the local TV License application by “The York Channel” and what financial and other Council resources do you expect to be used to help in the development of this station?”

(vi)    To the Cabinet Leader from Cllr Reid:

“What consultation has there been with residents living in the Wilton Rise and Cleveland Street areas on the proposal to build a bridge into the York Central development site?”

(vii)   To the Cabinet Leader from Cllr Reid:

“The Council Leader has announced that a bridge into the York Central development site in the Chancery Rise area will receive £10 million of Council funding. Will the Leader confirm that the Council will have a stake in any development company which takes the York Central development forward and that York taxpayers will benefit directly from any increase in the value of the newly serviced site?”

(viii)  To the Cabinet Member for Finance, Performance and Customer Service from Cllr Barton:

“Can the Cabinet Member assure Council that he takes seriously his role as the only voting member of our two man delegation to the Yorkshire Purchasing Organisation Management Committee bearing in mind he has yet to attend any meetings or even send his apologies?”

(ix)    To the Cabinet Member for Finance, Performance and Customer Service from Cllr Ayre:

“What costs have the Council incurred through its membership of the Local Government Association and how much of this is due to councillor expenses?”

(x)      To the Cabinet Member for Finance, Performance and Customer Service from Cllr Ayre:

“What is the cost of sending members to meetings being held  ...  view the full agenda text for item 58.

Forty-three questions had been submitted to the Leader and Cabinet Members under Standing Order 11.3(a).  The guillotine having fallen at this point, Members agreed to receive written answers to their questions, as set out below: