City of York Council

 

Resolutions and proceedings of the Meeting of the City of York Council held at West Offices, York on Thursday, 20 July 2023, starting at 6.30 pm

 

Present: The Lord Mayor (Cllr Chris Cullwick) in the Chair, and the following Councillors:

 

Acomb Ward

Bishopthorpe Ward

 

 

Lomas

Rose

 

Nicholls

 

Clifton Ward

Copmanthorpe Ward

 

 

Steward

D Myers

Wells

 

 

 

Dringhouses & Woodthorpe Ward

Fishergate Ward

 

 

Fenton

Widdowson

 

Whitcroft

Wilson

 

Fulford and Heslington Ward

Guildhall Ward

 

 

Ravilious

 

Clarke

Melly

Merrett

 

Haxby & Wigginton Ward

Heworth Ward

 

 

Pearson

 

 B Burton

Douglas

Webb

 

Heworth Without  Ward

Holgate Ward

 

 

Ayre

Kent

Steels-Walshaw

Taylor

 

Hull Road Ward

Huntington and New Earswick Ward

 

 

Baxter

Kelly

Pavlovic

 

Orrell

Micklegate Ward

Osbaldwick and Derwent Ward

 

 

J Burton

Crawshaw

Kilbane

 

Rowley BEM

Warters

Rawcliffe and Clifton Without Ward

Rural West York Ward

 

 

 Waudby

 

Hook

Knight

 

Strensall Ward

Westfield Ward

 

 

 Fisher

Healey

 

Coles

Nelson

Waller

 

Wheldrake Ward

 

 

 

Vassie

 

 

Apologies for absence were received from Councillors Cuthbertson, Hollyer, Mason, Runciman, Smalley and Wann

 


 

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15.         Declarations of Interest (18:34)

 

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.

 

Cllr Healey declared a personal interest in the budget amendment in the Report of the Executive Member (Agenda Item 10) and in Motion (iv) at Item 8 (A City Response to Food Insecurity) insofar as they related to free school meals, as a parent of children attending a primary school that might be affected by the proposals.

 

Cllr Ayre also declared a personal interest in these items, as a parent of a child attending a primary school that might be affected by the proposals.

 

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<AI2>

16.         Minutes (18:35)

 

Resolved:  That the minutes of the Ordinary Council meeting held on 23 March 2023 and the Annual Council meeting held on 25 May 2023 be approved and then signed by the Chair as a correct record.

 

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<AI3>

17.         Civic Announcements (18:36)

 

The Lord Mayor announced:

·        A recent visit from a Professor from the University of Lviv during which gifts were exchanged, including a book which was on display in the room.

·        A recent meeting with the Chinese Ambassador and the receipt of a gift of a scroll, which was also on display.

·        That three delegations had been welcomed from Munster and a civic exchange with Dijon was planned for September, as links were re-established with York’s twinned cities following the pandemic.

·        The unveiling of a ledger stone by the Duke of Gloucester on 11 July to be presented to New York in May 2024 to mark the centenary of the presentation of a bronze plaque from New York celebrating the special relationship between the two cities.

·        A number of upcoming civic charity events, including a ‘Fish & Ships’ cruise on 14 August and the Assize of Bread and Ales on 19 August.

Further to the preceding Special Meeting to appoint Honorary Aldermen/women, the Lord Mayor advised Full Council that the Monitoring Officer had confirmed that the legislation referred to Honorary Aldermen and women so scrolls commemorating the honour would be appropriately scripted in the future.  He also mentioned that Fiona Young, the Interim Democratic Services Manager and longstanding member of the team, would soon be leaving the council and thanked her for her service over the years.

 

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<AI4>

18.         Public Participation (18:41)

 

It was reported that 10 people had registered to speak at the meeting under Public Participation.

 

Flick Williams spoke on Agenda Items 8, 10 and 11 (Notices of Motion, Report of Executive Member, and Public Footpath Copmanthorpe No. 2) insofar as they related to disabled access issues.  She welcomed the allocation of funding for Blue Badge access to the city centre and the objection to Network Rail’s application in respect of the footpath.

 

Emma Hardy spoke on matters relevant to the city.  She expressed concern at the council’s decision to renew its membership of Stonewall’s diversity scheme, which she said was incompatible with upholding women’s and gay rights, and asked that it be reviewed as a matter of urgency.

 

Gwen Swinburn spoke on matters relevant to the city, voicing concerns about issues including the suitability of the Hudson Room as the venue for the meeting and the procedure for presenting the budget amendment proposal.

 

Vicki Hill spoke on Agenda Item 5 (Petitions), supporting the petition to remove the bollards and create a new regeneration plan for Front Street, which had been signed by 1,500 people.

 

Ruth Jackson also spoke in support of the petition at Item 5, highlighting the need for a proper conversation on pedestrianising the street while supporting deliveries to local businesses.

 

Ginnie Shaw spoke on Item 8(i) (the motion on Safeguarding York’s Future).  She commended the intentions of the motion but urged the council to work with a climate and nature citizen’s assembly and keep the carbon neutral target to the forefront.

 

Denise Craghill also spoke on Item 8(i), welcoming the commitments in the motion but expressing concern about the effect of reductions in local ward funding.

 

Jamie Sims also spoke on Item 8(i), welcoming the motion and highlighting the need for more stringent building standards, as well as better engagement with civic society groups in decision-making.

 

Joe Gilling, of York Cycle Campaign, spoke on Items 8(i) and 8(iii) (the motion on Getting York Moving Fairly), calling on the new administration to use the York Civic Trust’s Transport Strategy as a blueprint to re-think York’s approach to transport.

 

Penny Bainbridge spoke in support of Item 8(iv) (the motion on A City Response to Food Insecurity), as a trustee of Edible York, highlighting the activities of Edible York and its involvement in helping low-income families.

 

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<AI5>

19.         Petitions (19:14)

 

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

·         A petition presented by Cllr Nelson, on behalf of residents calling on the council to remove all the bollards installed on Front Street and to re-do the street in line with what people had asked for.1

 

Action Required

1. Add the petition on the Front Street Regeneration Project to the petitions log for referral to CCSMC  

 

 

SS

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<AI6>

20.         Report of Executive Leader, Questions, and Executive Recommendations (20:50)

 

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:

 

Priorities for the New Council

From Cllr Whitcroft: Can you explain why the 4 key themes for the new administration – affordability, health & wellbeing, equalities & human rights and the environment - were chosen?

Response: It’s been a long process.  We have been out talking to the city, to organisations across the board and hundreds of residents, o0ver a period of 2 years.  We know there are health and other inequalities across our wards and we have brought it all together to identify what the city needs.  The themes will all feed into everything we do and every decision we make.

Supplementary from Cllr Steward: Are these ‘planted’ questions good or bad?

Supplementary Response: They are helpful to allow me to expand on the subject, and not a bad thing if the balance is right.

 

From Cllr Widdowson: What progress has been made on reversing the city centre access provisions that hadn’t been looked at before May 2023?

Response: the difference is that I’ve had to consider that there’s a compromise position to be found.  It won’t keep everyone happy but will allow people who haven’t had access to the city centre for 3 years to come back in.  it’s about having the political will to make it happen.

 

Devolution

 

From Cllr Wilson: Can you explain what steps you’ve taken to ensure that York is well positioned to benefit from devolution?

Response: I have been attending meetings with officers involved in this – they are doing this in addition to their day jobs.  It’s been quite technical so far and I am trying to shift it into something that is shaped by us as politicians.  I have asked for it to be part of scrutiny to ensure you have the opportunity to feed back on governance structures so we can say how we’d like to be involved in the future.  Some residents, e.g., in Selby, feel distant from decision making – it’s a huge geographical area.  We need to work in partnership; our priorities with North Yorkshire align and I’d love your input on it.

Local Plan

From Cllr Warters: How confident are you that the responses to the questions raised by the Inspectors on the gypsy / traveller policies will allow them to sign off the plan, and can you confirm that you are already working with officers to review the HMO supplementary planning document?

Response: The Local Plan is very important and we have to get it in place, otherwise there is potential for a developer free for all.  Officers assure me that what they have submitted to the Inspectors has been well received.  We’ve been speaking to the Gypsy and Traveller Trust about this – it is a problem area, but we can find a solution.  On the HMO, it is in the early stages; Cllr Pavlovic is working with officers on this and I’m sure he’d be happy to update you.  

 

Armed Forces Week

 

From Cllr Rowley: In your capacity as the Armed Forces Advocate, will you do all you can to ensure York supports those gay and lesbian ex-service members who were removed from service to seek the compensation they so rightly deserve?

Response: Yes, we will do everything we can to ensure that they, and anyone else who has suffered discrimination, get the compensation they deserve.  We are a gold holder of the armed forces covenant so are committed to that, and I look forward to working with you.

 

B – Executive Recommendations

 

Cllr Douglas moved, and Cllr Kilbane seconded, the following recommendations contained in Minute 11 of the Executive meeting held on 15 June 2023 and Minute 20 of the Executive meeting held on 13 July 2023:

 

Minute 11 - Capital Programme Outturn 2022/23 and Revisions to the 2023/24-2027/28 Programme

Recommended:  That the re-stated 2023/24 to 2027/28 programme of £533.321, as summarised in Table 3 at paragraph 96 of the Executive report and detailed in Annex A, be approved.1

 

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

Minute 19 - Anti-Racism & Inclusion Strategy and Action Plan

Recommended:  (i)      That Council receive the Strategy and Action Plan on behalf of the City.2

 

                             (ii)      That the Leader sign the Pledge at Annex B to the report on behalf of the Council.3

 

Reason:  To demonstrate the City of York Council’s commitment to being an Anti-Racist City.

 

On being put to the vote, all of the recommendations were declared CARRIED, and it was

 

Resolved:  That the above recommendations be approved. 1,2,3

 

Action Required

1. Note approval of the recommendation on the Capital Programme Outturn 2022/23 and take the appropriate action
2. Note approval of the recommendations on the Anti-Racism Strategy & Action Plan and take the appropriate action
 

 

 

DM
PS

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21.         Report of Deputy Leader and Questions (21:02)

 

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 in relation to the subjects listed, and replied to as indicated:

 

Coppergate Car Park

From Cllr Pearson: Do you consider car journeys to Coppergate car park by those who do not hold a Blue Badge to be unnecessary?

Response: I am not going to make ad-hoc interventions in the transport system.  The Local Transport Plan will come forward this year and will address all those issues. We need to free up roads for those who need to use them.

Supplementary from Cllr Ayre: Would ask that you answer the question which was put.

Supplementary Response: The question of what is and isn’t necessary will be answered through the LTP process.  I look forward to your input.

 

Full Council

From Cllr Warters: Will the new administration be willing to reduce or do away with motions, and use the time for more business-like matters?

Response:  We can use this time more effectively.  If we are to review the Constitution so that we can change the way we do business, we will do so openly, transparently, with all stakeholders involved.  We are keen to ensure the council operates effectively and follow due process, and residents need to have a say in how that happens.

 

Reverse the Ban

From Cllr Widdowson: Your report states that you recently had a meeting with the Reverse the Ban organisation.  Do you stand by Cllr Douglas’ statements during the election period that allowing access to the footstreets was about managing risk and no different from making a decision to cross the road?

Response: Yes.

Supplementary from Cllr Widdowson: Do you believe that the public were misled regarding the simplicity of Blue Badge access and will you apologise for misleading statements about the level of the security risk?

Supplementary Response: There’s been no misleading. The level of threat will change through time but the risk assessment remains the same and we’ve never believed that Blue Badge holders are a terrorist threat.  You have to be prepared to take political decisions based on the evidence and balance the threat with the fundamental human right of access to services in the city.

Supplementary 2 from Cllr Ayre: Why do you keep saying in public that the Lib Dems think Blue Badge holders are a terrorist threat when you know it’s not true?

Supplementary 2 Response: I don’t keep saying that.  For the past 3 years Blue Badge holders have been banned while all sorts of vehicles have been allowed access on a random basis because of the decisions your administration made, therefore it’s clearly an implication from your actions.

 

 

 

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<AI8>

22.         Motions on Notice (21:11)

 

(i)      Safeguarding York’s Future

 

Moved by Cllr Ravilious, seconded by Cllr Kent.

 

“Council notes:

·         In 2019, City of York Council declared a Climate Emergency and committed to a target of making York carbon neutral by 2030;

·         That over 200 Local Authorities have so far pledged to support the Climate and Ecology Bill – a Private Member’s Bill brought to parliament by Olivia Blake MP - which, if it becomes law, would require the development of a strategy to ensure that the UK’s environmental response is in line with the latest science;

·         In March 2023, City of York Council adopted a 10-year Climate Strategy;

·         The failure to update York’s Local Transport Plan since it was adopted in 2011, despite improved understanding of the impact of transport on the climate;

Council believes:

·         the wording of the 2019 cross-party approved Climate Emergency Motion called for significantly more urgent action than the responses that the previous administration delivered;

·         the ecological crisis should be tackled shoulder to shoulder with the climate crisis through a more joined-up approach, with a focus on reversing the destruction of nature by 2030, not just halting it;

·         the 10-Year Climate Change Strategy lacked sufficient commitment, in particular through the omission of intermediate carbon reduction targets;

·         any updated Local Transport Plan should reflect and improve on the targets for reductions in greenhouse emissions from private vehicle and freight journeys set out within the current 10-year Climate Change Strategy and previously adopted motions;

Council therefore resolves to request:

·         that the Lord Mayor and Executive Members begin Full Council, Executive meetings and Executive Member Decision Sessions respectively by reminding Members of the remaining days until 1st January 2030, by which time we have pledged to be carbon neutral and requesting that Members keep this at the forefront of their minds when taking decisions;

·         that the Leader writes to our local MPs urging them to sign up to support the Climate & Ecology Bill, or thanking them for already doing so; and write to Zero Hour, and organisers of the cross-party campaign for the Climate & Ecology Bill, expressing its support;

·         that the Executive develops a process that demonstrates clear commitment to a strengthened York 10-year Climate Change Strategy by exploring a series of intermediate carbon reduction targets, following exploration of the topic at Corporate and Climate Scrutiny Committee and following receipt of an options report to Executive;

·         that the Executive Member for Transport brings forward an updated Local Transport Plan that reflects the latest science and which includes ambitious targets in line with a strengthened York 10-year Climate Strategy;

·         that the Executive Members for Environment and Climate Emergency take steps to implement the actions that deliver on the Pollinator Strategy to achieve a measurable increase in biodiversity.”

 

Cllr Widdowson then moved, and Cllr Waudby seconded, an amendment to the above motion, as follows:

 

“In the first paragraph, under ‘Council notes’:

-       after the 2nd bullet point, insert a new 3rd bullet point as follows:

·        ‘That in 2008 City of York Council adopted its first Carbon Management Strategy and Implementation Plan’

-       in the 3rd (now the 4th) bullet point, insert ‘That’ at the start before ‘in’, and to the end, after ‘Climate Strategy’, add: ‘- A City Fit for the Future’ - together with an extensive action plan that sets out a vision to be net zero and provides a framework to both reduce carbon and be more climate resilient by 2030. Much of the work to make this plan a reality is under way, from the new community woodland, the UK’s only voluntary clean air zone, biggest electric P&R bus fleet and major multi-million flood defence projects;’

-       insert a new 5th bullet point as follows:

·        ‘That York is amongst only 122 cities across the world to be awarded an A rating for climate action leadership by the Carbon Disclosure Project;’

-       In the fifth (now the 6th) bullet point, delete ‘failure to update’ and insert ‘ongoing review and update of’; after ‘York’s’ insert ‘2011’, and after ‘Local Transport Plan’, delete ‘since it was adopted in 2011, despite’ and insert ‘in the context of an’.

In the second paragraph, under ‘Council believes’:

-       in the 1st bullet point, delete ‘wording of’ after ‘the’ and insert ’10-year Climate Strategy provides a basis for more urgent action to reflect’, insert ‘intention of’ before ‘2019’, and delete everything after ‘Climate Emergency Motion’.

-       In the 3rd bullet point, insert ‘in’ at the start, insert ‘importance of delivering the commitment included in the’ after ‘the’ and after ‘Climate Change Strategy’ delete ‘lacked sufficient commitment, in particular through the omission of intermediate carbon reduction targets’ and insert to track the impact of actions to enable reflection and correction if required;’

-       in the 5th bullet point, after ‘there’ delete ‘has not yet been enough tangible’ and insert ‘is scope for further’, and after ‘action to’ delete ‘reflect the admirable’ and insert build on what has already been achieved in relation to the realisation of the’.

-       insert a 6th bullet point, as follows:

·         ‘that working collaboratively across party and in good faith will be critical to the achievement of York’s climate change ambitions.’

In the third paragraph, under ‘Council resolves to request’, insert the following additional bullet points:

·        ‘that the Executive commits to continuing the ambitious tree-planting programme put in place by the previous administration, namely a tree for each resident - 210,000 in the new community woodland and over 4,000 extra trees in urban areas;

·        that the Executive explores ways to require developers to deliver a 30% net gain in biodiversity on new developments (introducing living roofs, living walls and rain gardens on urban sites);

·        that the Executive delivers planned flood defence projects to protect communities, including in Fulford and Strensall, and continues to work with the Environment Agency to deliver more flood defence solutions across the city;

·        that the Executive produces a Code of Practice to inform landowners, residents and farmers about what can and cannot be done with the council managed verges across the city.’”

 

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

 

The original motion was then put to the vote and was declared CARRIED, and it was

 

Resolved:  That the above motion be approved.1

 

(ii)      Highway Maintenance

 

Moved by Cllr Fenton, seconded by Cllr Hollyer.

 

“Council Notes:

·        That the council’s Highways Schemes budget for 2023/24, agreed in February 2023, is £8.929 million (including £1.174 million carried forward from 2022/23) and that this is supplemented with an additional pothole funding allocation of £504,000 for 2023/24 from the Department for Transport

·        That In 2020/21 the Government cut York’s highways maintenance funding from £4m to £2.8m and confirmed that funding would remain at this lower level for three years. This amounts to a total cut of £4.8m - equivalent to 19,000 fewer potholes being repaired each year

·        That in the budget agreed in February 2023, an additional £250,000 was allocated to allow local wards to invest directly in improvements such as repairing local roads

·        That the current high level of inflation means that available funding for highway maintenance is even more stretched

·        That officers estimate that it would cost £190 million to bring York’s highways network up to an excellent standard

·        That in recent years there have been a number of additional pressures on the council’s budget, such as the installation of new infrastructure in response to Police and counter-terrorism advice on the risk of a city centre hostile vehicle attack

·        That the council’s current Highways Infrastructure Asset Management Plan was adopted in 2021

·        That the council’s current Highways Safety Inspection Manual was adopted in 2020 and, as envisaged when adopted, is currently subject to a review by officers

·        That the ‘investigatory level’ for potholes is 40mm vertical face depth and

200mm across in any horizontal direction and that for ‘cycle lanes’ the level is 20mm vertical face depth, but there is no reference in the Manual to ‘cycle margins’ ie the section of road near to the kerb but which is not a marked lane

·        That in York there are a large number of concrete roads which, some years ago, were overlaid with a tarmac layer approximately 30mm in depth and that the tarmac layer on many of these roads is crumbling, causing potholes to develop

·        That due to the concrete structure of these roads remaining largely intact, these potholes are unlikely to ever meet the investigatory threshold set out in the Manual.

Council believes:

·        That poor road surfaces pose a hazard to cyclists, pedestrians, wheelchair and mobility scooter users, motorcyclists and motorists

·        That concrete roads with a tarmac top layer pose a particular hazard in that when the tarmac begins to fail, this can be rapid and widespread and lead to a significant length of road becoming difficult and dangerous to use, particularly for cyclists

·        That whilst funding for Highway maintenance is likely to continue to be stretched, more specific consideration needs to be given to the maintenance of concrete roads with a tarmac top layer.

Council resolves to request that the Executive:

·        Expedites the review of the Highways Safety Inspection Manual

·        Requires that as part of this review, a change to the ‘investigatory level’ for potholes to 30mm vertical face depth is secured

·        Ensures that the relevant scrutiny committee and special interest groups (such as those relating to cycling and disability rights) are consulted to better understand the impacts of the current approach to highway maintenance as described in the Manual.”

 

Cllr Crawshaw then moved, and Cllr Webb seconded, an amendment to the above motion, as follows:

 

“In the first paragraph, under ‘Council notes’:

-       insert a new 3rd bullet point, as follows:

·        ‘York has some 151km of adopted cycle routes (part of the Highway network) and 46km of unadopted cycle routes.’

-       in the 3rd (now the 4th) bullet point, after ‘agreed in’ delete ‘February 2023, an additional’ and insert ‘July 2019’, and after £250,000 insert ‘per year’;

-       insert new 5th and 6th bullet points, as follows:

·        ‘That due to the lack of revenue budget allocated by the previous administration to ‘buy’ Officer time to develop these Ward-based schemes, many were not progressed, despite some being presented as far back as August 2019.

·        That much of the work delivered under this element of ward funding should have been undertaken as part of the highway maintenance programme’

-       delete the 9th bullet point (starting ‘in recent years’) and substitute:

·        ‘a political decision to remove £3.5million from the Highways maintenance budget in order to install Hostile Vehicle Mitigation measures has added additional pressures;’

-       insert new 13th bullet point, as follows:

·        ‘That the current approach of temporarily filling some potholes whilst leaving neighbouring potholes untouched until they too reach the intervention threshold is both inefficient and leaves residents frustrated and irritated.’

-       insert new 16th bullet point, as follows:

·        ‘York Local Transport Plan’s hierarchy of users, with pedestrians and cyclists at the top.’

“In the second paragraph, under ‘Council believes’:

-       in the 1st bullet point, delete ‘poor road surfaces’ and insert ‘insufficient highway maintenance work’

-       in the 2nd bullet point, delete all between ‘That’ and ‘for cyclists’ and insert ‘degraded road surfaces can be a particular problem’, then after ‘cyclists’ insert ‘especially when they are suddenly forced out into the carriageway in order to avoid them.’

-       in the 3rd bullet point, delete all after ‘stretched’ and insert ‘it is vital that any spending is used efficiently and effectively.’

-       add a 4th and 5th bullet point to the end, as follows:

·        ‘That the previous administration’s devolved Highways Budgets were an inefficient use of resources and were set up to fail due to varying levels of Officer support made available to different Ward schemes.

·        That it makes sense to address clusters of potholes at the same time rather than waiting for each pothole in a specific location to deteriorate until an intervention is required.’

In the third paragraph, under ‘Council resolves to request that the Executive’:

-       in the 2nd bullet point, delete ‘Requires that’ and insert ‘Explores’

-       add a 4th and 5th bullet point to the end, as follows:

·        ‘That the strategic active travel network (as identified in the draft LCWIP) is prioritised for highway maintenance treatment and allocated a specific budget to complete maintenance to a safe standard throughout the year.

·        Trials a more efficient use of the Ward Highways Budget in 2023-24, reallocating it to establish a dedicated team that will have the flexibility to patch larger sections of road surface at a time, thereby delivering a longer lasting fix and better use of limited resources.

 

On being put to the vote, the amendment was declared CARRIED.

 

The motion, as amended, now read as follows:

 

“Council notes:

·        That the council’s Highways Schemes budget for 2023/24, agreed in February 2023, is £8.929 million (including £1.174 million carried forward from 2022/23) and that this is supplemented with an additional pothole funding allocation of £504,000 for 2023/24 from the Department for Transport.

·        That In 2020/21 the Government cut York’s highways maintenance funding from £4m to £2.8m and confirmed that funding would remain at this lower level for three years. This amounts to a total cut of £4.8m - equivalent to 19,000 fewer potholes being repaired each year

·        York has some 151km of adopted cycle routes (part of the Highway network) and 46km of unadopted cycle routes.  

·        That in the budget agreed in July 2019 £250,000 per year was allocated to allow local wards to invest directly in improvements such as repairing local roads

·        That due to the lack of revenue budget allocated by the previous administration to ‘buy’ Officer time to develop these Ward-based schemes, many were not progressed, despite some being presented as far back as August 2019.

·        That much of the work delivered under this element of ward funding should have been undertaken as part of the highway maintenance programme.

·        That the current high level of inflation means that available funding for highway maintenance is even more stretched.

·        That officers estimate that it would cost £190 million to bring York’s highways network up to an excellent standard.

·        That a political decision to remove £3.5million from the Highways maintenance budget in order to install Hostile Vehicle Mitigation measures has added additional pressures.

·        That the council’s current Highways Infrastructure Asset Management Plan was adopted in 2021.

·        That the council’s current Highways Safety Inspection Manual was adopted in 2020 and, as envisaged when adopted, is currently subject to a review by officers.

·        That the ‘investigatory level’ for potholes is 40mm vertical face depth and 200mm across in any horizontal direction and that for ‘cycle lanes’ the level is 20mm vertical face depth, but there is no reference in the Manual to ‘cycle margins’ i.e. the section of road near to the kerb but which is not a marked lane.

·        That the current approach of temporarily filling some potholes whilst leaving neighbouring potholes untouched until they too reach the intervention threshold is both inefficient and leaves residents frustrated and irritated.

·        That in York there are a large number of concrete roads which, some years ago, were overlaid with a tarmac layer approximately 30mm in depth and that the tarmac layer on many of these roads is crumbling, causing potholes to develop.

·        That due to the concrete structure of these roads remaining largely intact, these potholes are unlikely to ever meet the investigatory threshold set out in the Manual.

·        York Local Transport Plan’s hierarchy of users, with pedestrians and cyclists at the top.

Council believes:

·        That insufficient highway maintenance work poses a hazard to cyclists, pedestrians, wheelchair and mobility scooter users, motorcyclists and motorists.

·        That degraded road surfaces can be a particular problem for cyclists, especially when they are suddenly forced out into the carriageway in order to avoid them.

·        That whilst funding for Highway maintenance is likely to continue to be stretched, it is vital that any spending is used efficiently and effectively.

·        That the previous administration’s devolved Highways Budgets were an inefficient use of resources and were set up to fail due to varying levels of Officer support made available to different Ward schemes.

·        That it makes sense to address clusters of potholes at the same time rather than waiting for each pothole in a specific location to deteriorate until an intervention is required.

Council resolves to request that the Executive:

·        Expedites the review of the Highways Safety Inspection Manual.

·        Explores as part of this review, a change to the ‘investigatory level’ for potholes to 30mm vertical face depth is secured.

·        Ensures that the relevant scrutiny committee and special interest groups (such as those relating to cycling and disability rights) are consulted to better understand the impacts of the current approach to highway maintenance as described in the Manual.

·        That the strategic active travel network (as identified in the draft LCWIP) is prioritised for highway maintenance treatment and allocated a specific budget to complete maintenance to a safe standard throughout the year.

·        Trials a more efficient use of the Ward Highways Budget in 2023-24, reallocating it to establish a dedicated team that will have the flexibility to patch larger sections of road surface at a time, thereby delivering a longer lasting fix and better use of limited resources.”

 

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

 

Resolved:  That the above motion, as amended, be approved.2

 

Note: At this point, the guillotine fell and the remaining motions and amendments were deemed moved and seconded and were voted on without debate.

 

(iii)     Getting York Moving Fairly

 

Submitted by Cllr Rowley.

 

“Council notes the transport problems in York from 2019-2023, caused by an administration clashing with itself and the damage that this has done to the council’s reputation amongst residents. Council believes it is vital that sustainable modes of transport including cycling and walking are prioritised but opposes a war on the car user. Council also believes inclusivity for all is paramount and that rural transport users need greater recognition and disabled people should be at the forefront of provision.

For the next four-year administration, Council asks the Executive to commit to:

1.   Look wherever possible to improve the cycle network, including better linking of villages

2.   Reverse the City Centre Blue Badge ban

3.   Rule out a Congestion Charge

4.   Address the stalled work on the dualling of the A1237.”

 

 

 

Amendment 1 - submitted by Cllr Fenton

“In the first paragraph:

-       after ‘Council notes the’, insert strong desire from York residents for improvements to the city’s’

-       after ‘transport’, delete ‘problems in York from 2019-2023, caused by an administration clashing with itself and the damage that this has done to the council’s reputation amongst residents’ and insert: ‘system. This was highlighted in the responses to the 2021 ‘Our Big Conversation’ engagement exercise, which found that 90% of respondents see congestion as a problem in York, 82% see air pollution from traffic as a problem, 80% say transport has a negative impact on climate change, 76% want safer cycle routes and 69% want a more frequent/ reliable/ more extensive/ lower cost bus network.’

In the second paragraph:

-       in point 1. delete ‘linking of villages’ and insert ‘connecting all of York’s communities with the city centre, secondary shopping areas, workplaces and schools’

-       delete point 2. and substitute the following wording: Notes the administration’s pledge to reverse the ‘city centre blue badge ban’ and therefore keeps the operation of city centre access arrangements under review once the hostile vehicle measures recommended by the Police and Terrorism experts to protect all in the city centre have been installed, ensuring the most up to date Police advice is followed and all alternatives and mitigations are explored’.

-       in point 4. delete ‘Address the stalled work on’ and insert Continue the work already underway to progress’

-       Add a further two points, as follows:

‘5. Work with operators and users to deliver long term improvements to bus services and infrastructure

6. Press Government to provide the funding needed to deliver Haxby Station, now that the project is at its furthest stage in decades.’

 

On being put to the vote, Amendment 1 was declared LOST.

 

Amendment 2 - submitted by Cllr Kilbane

“In the first paragraph:

-       in the 1st sentence, after ‘caused by’, delete ‘an’ and insert ‘the old Liberal Democrat-Green coalition’, and after ‘administration’, delete ‘clashing with itself’ and insert lacking ambition, vision and any ability to listen to those with lived experience,’

-       in the 2nd sentence, after ‘prioritised but’, delete ‘opposes’ and insert ‘acknowledges this is undermined if it is presented as being’

In the second paragraph:

-       to the end of point 4., add ‘by working with stakeholders to deliver a scheme that meets the transport commitments within York’s Climate Change Strategy and the emerging Local Transport Plan’

-       add a further point, as follows:

‘5. Calling on the new Mayoral Combined Authority, once established, to make taking back control of our buses a priority’.”

 

On being put to the vote, Amendment 2 was declared CARRIED.

 

The motion, as amended, now read as follows:

 

“Council notes the transport problems in York from 2019-2023, caused by the old Liberal Democrat-Green coalition administration lacking ambition, vision and any ability to listen to those with lived experience, and the damage that this has done to the council’s reputation amongst residents. Council believes it is vital that sustainable modes of transport including cycling and walking are prioritised but acknowledges this is undermined if it is presented as being a war on the car user. Council also believes inclusivity for all is paramount and that rural transport users need greater recognition and disabled people should be at the forefront of provision.

For the next four-year administration, Council asks the Executive to commit to:

1.   Look wherever possible to improve the cycle network, including better linking of villages

2.   Reverse the City Centre Blue Badge ban

3.   Rule out a Congestion Charge

4.   Address the stalled work on the dualling of the A1237 by working with stakeholders to deliver a scheme that meets the transport commitments within York’s Climate Change Strategy and the emerging Local Transport Plan.

5.   Calling on the new Mayoral Combined Authority, once established, to make taking back control of our buses a priority.”

 

The amended motion was then put to the vote and declared CARRIED, and it was

 

Resolved:  That the above motion, as amended, be approved.3

 

(iv)    A City Response to Food Insecurity

 

Submitted by Cllr. Nelson.

 

“This council notes:

·        in January 2023, 21.6% of family households reported children with direct experience of food insecurity and shortage in the past month, affecting an estimated 3.7 million children. This percentage had almost doubled in just 12 months;

·        in these households, 3 in 4 reported being worried about the impact of being unable to afford sufficient food on their children's physical and mental health;

·        food price inflation currently sits at 18.4%, amongst its highest rate in almost 50 years, leaving families facing tough choices about what goes into the shopping basket each week;

·        problems faced by children and young people due to food insecurity and shortage go way beyond just being hungry and affect mental health, obesity rates, dental health and other aspects of the child and their families’ life;

·        the benefits of growing food on mental and physical health;

·        the significant waiting lists for all allotment sites across the city;

·        the impact small businesses and ‘micro-farmers’ can have on improving food security for local communities;

·        the benefits of local food production and ‘micro-farmers’ can have on the environment;

·        the contribution of growing and consuming local food on the future of York as a sustainable city.

Council believes that at a time of such economic turmoil, providing greater access to cheap, healthy, locally grown food could help avert poor health outcomes for many York residents.    

This council resolves to ask the Executive to:

·        write a letter to the Prime Minister and relevant ministers about the importance of introducing auto-enrolment for those entitled to free school meals;

·        promote enrolment for free school meals to support children, young people and their families to help combat food insecurity and shortage in York;

·        encourage larger food providers in and around York to sign up to York’s Good Business Charter, including paying the Real Living Wage;

·        work more closely with groups like Edible York and YACIO (York Allotments Charitable Incorporated Organisation) to develop ideas for increasing the number of public green spaces available for food production by communities across York;

·        request that the council’s scrutiny function undertakes a review of community food growing opportunities and makes recommendations to Executive to expand these opportunities, including considering the prospects for expanding an Edible York project in Tang Hall to other parts of the city to bring more underused gardens into use for food growing.”

 

Amendment from Cllr Fisher:

 

“In the last paragraph, under ‘This council resolves to ask the Executive to’:

-       in the 4th bullet point, after ‘work more closely with’ insert Parish Councils and’.”

 

On being put to the vote, the amendment was declared CARRIED.

 

The motion, as amended, now read as follows:

 

“This council notes:

·        in January 2023, 21.6% of family households reported children with direct experience of food insecurity and shortage in the past month, affecting an estimated 3.7 million children. This percentage had almost doubled in just 12 months;

·        in these households, 3 in 4 reported being worried about the impact of being unable to afford sufficient food on their children's physical and mental health;

·        food price inflation currently sits at 18.4%, amongst its highest rate in almost 50 years, leaving families facing tough choices about what goes into the shopping basket each week;

·        problems faced by children and young people due to food insecurity and shortage go way beyond just being hungry and affect mental health, obesity rates, dental health and other aspects of the child and their families’ life;

·        the benefits of growing food on mental and physical health;

·        the significant waiting lists for all allotment sites across the city;

·        the impact small businesses and ‘micro-farmers’ can have on improving food security for local communities;

·        the benefits of local food production and ‘micro-farmers’ can have on the environment;

·        the contribution of growing and consuming local food on the future of York as a sustainable city.

Council believes that at a time of such economic turmoil, providing greater access to cheap, healthy, locally grown food could help avert poor health outcomes for many York residents.

This council resolves to ask the Executive to:

·        write a letter to the Prime Minister and relevant ministers about the importance of introducing auto-enrolment for those entitled to free school meals;

·        promote enrolment for free school meals to support children, young people and their families to help combat food insecurity and shortage in York;

·        encourage larger food providers in and around York to sign up to York’s Good Business Charter, including paying the Real Living Wage;

·        work more closely with Parish Councils and groups like Edible York and YACIO (York Allotments Charitable Incorporated Organisation) to develop ideas for increasing the number of public green spaces available for food production by communities across York;

·        request that the council’s scrutiny function undertakes a review of community food growing opportunities and makes recommendations to Executive to expand these opportunities, including considering the prospects for expanding an Edible York project in Tang Hall to other parts of the city to bring more underused gardens into use for food growing.”

 

The amended motion was then put to the vote and declared CARRIED and it was

 

Resolved:  That the above motion, as amended, be approved.4

 

Action Required

1. To note approval of the motion on Safeguarding York's Future and take the appropriate action
2. To note approval of the motion on Highway Maintenance, as amended, and take the appropriate action.
3. To note approval of the motion on Getting York Moving Fairly (as amended by the 2nd amendment) and take appropriate action
4. To note approval of the motion on A City Response to Food Insecurity, as amended, and take the appropriate action
 

 

 

NF
NF
NF
IF

</AI8>

<AI9>

23.         Questions to the Leader or Executive Members (22:10)

 

No questions were put, as the guillotine had fallen.

 

</AI9>

<AI10>

24.         Report of Executive Member (Including Budget Amendment) (19:16)

 

[The Lord Mayor having varied the order of business, this item was brought forward and dealt with immediately after Petitions.]

 

A written report was received from Cllr Lomas, the Executive Member for Finance, Performance, Major Projects & Equalities.

 

Cllr Crawshaw then moved, and Cllr Webb seconded, a motion to suspend Procedure Rule B10 in order to extend the time limit available for this item and enable the Executive Member to move the proposed budget amendment contained in her report and Council to debate and vote on that proposal.

 

On being put to the vote, the motion to suspend the Procedure Rules was declared CARRIED.

 

Cllr Lomas then moved, and Cllr Douglas seconded, the proposal, as follows:

 

“That Council approve the proposed budget amendment at Annex A to the report.

Reason: In order to alter the council’s existing approved budget to reflect the priorities of the council’s new administration.”

 

Cllr Ayre then moved, and Cllr Healey seconded, an amendment to the proposal, as follows:

 

“Before ‘proposed’ insert revisions to the’, and after ‘report’ remove the full stop and insert ‘, as contained in the Liberal Democrats’ budget amendment attached to the Agenda Supplement.”

 

A named vote was taken on the amendment, with the following result:

 

For

Against

Abstained

Ayre

Baxter

Nicholls

Fenton

B Burton

Rowley

Fisher

J Burton

Steward

Healey

Clarke

 

Hook

Coles

 

Knight

Crawshaw

 

Orrell

Douglas

 

Pearson

Kelly

 

Vassie

Kent

 

Waller

Kilbane

 

Waudby

Lomas

 

Widdowson

Melly

 

Cllr Cullwick

(Lord Mayor)

Merrett

 

 

Myers

 

Nelson

 

 

Pavlovic

 

Ravilious

 

Rose

 

 

Steels-Walshaw

 

 

Taylor

 

 

Warters

 

 

Webb

 

Wells

 

 

Whitcroft

 

 

Wilson

 

13

25

3

 

A named vote was then taken on the original proposal, with the following result:

 

For

Against

Abstained

Baxter

Ayre

Nicholls

B Burton

Fenton

Rowley

J Burton

Fisher

Steward

Clarke

Healey

 

Coles

Hook

 

Crawshaw

Knight

 

Douglas

Orrell

 

Kelly

Pearson

 

Kent

Vassie

 

Kilbane

Waller

 

Lomas

Waudby

 

Melly

Widdowson

 

Merrett

Cllr Cullwick

(Lord Mayor)

 

Myers

 

Nelson

 

 

Pavlovic

 

Ravilious

 

Rose

 

 

Steels-Walshaw

 

 

Taylor

 

 

Warters

 

 

Webb

 

Wells

 

 

Whitcroft

 

 

Wilson

 

 

25

13

3

 

The original proposal was therefore declared CARRIED and it was

 

Resolved:  That the budget amendment contained in the Executive Member report and its annex and moved by Cllr Lomas be approved.1

 

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

 

Budget Amendment

From Cllr Waudby: Why has no Equalities Impact Assessment been presented with your amendment?

Response: We will no longer be using EIAs to consider these issues but will be moving to a human rights and equalities analysis model to look at the positive as well as negative impacts of decisions, and at mitigations against the negative effects.

 

From Cllr Fisher: During the last Council cycle, a lot of work was done on footpaths in Stockton on the Forest, providing disabled access to the village hall and funding a path through the woods as a safe space for exercise.  How many of these schemes outside your ward did you visit before taking an axe to ward funding?

Response: It hasn’t been axed but re-prioritised, and I would be happy to accept an invitation to your ward to visit these schemes.  You will continue to get ward funding.

 

From Cllr Orrell: The final ward accounts in March showed that ward funding had been allocated for VAS signs at the access to Vanguard on North Lane.  When will the signs be installed?

Response: It’s a matter for Cllr Kilbane as the Executive Member for Transport.  I can reassure you that any schemes already paid for from last year’s allocation will be delivered if there is potential to do so.

 

Major Projects

From Cllr Fenton: Can you confirm the accuracy of Cllr Kilbane’s reported comments that the parking lost at Castle Car Park won’t be replaced or, if this is not correct, the location of the replacement parking?

Response: I cannot help you on what Cllr Kilbane did or didn’t say.  As you know the Castle Mills project is currently in difficulties but we will do all we can to get all major projects up and running.  No decisions have been made at present on the Castle Mills scheme regarding car parking.

 

From Cllr Waudby: Why has no Equalities Impact Assessment been presented with your amendment?

Response: 

 

Action Required

1. To note approval of the budget amendment moved by Cllr Lomas and take the appropriate action  

 

 

DM

</AI10>

<AI11>

25.         Public Footpath Copmanthorpe No 2 - Proposed closure of Level Crossing and Footpath Diversion - City of York Council Objection to Network Rail's Application under the Provisions of the Transport and Works Act 1992 (22:10)

 

[The Lord Mayor having varied the order of business, this item was brought forward and dealt with immediately after the Report of the Executive Member.]

 

Cllr Kilbane moved, and Cllr Nicholls seconded, the following recommendations contained in the report of the Director of Transport, Environment & Planning at page 43 of the agenda papers:

 

(i)           “That Council endorse the objection to the proposed Order which was submitted by the council to the Secretary of State following the decision made by the Chief Operating Officer using their urgency powers to oppose the order on 15 May 2023, in accordance with the procedures set out in Section 239 of the Local Government Act 1972.

 

Reason: To confirm the objection submitted by the Chief Operating Officer using their urgency powers, as the proposed footbridge would not allow disabled pedestrians to use the crossing. The footbridge proposal being unlit and enclosed was also considered to be unsafe particularly at night.

 

(i)           Subject to legal advice, that Council authorise the representation of the council at any public inquiry in respect of the proposed Order.

 

Reason: To enable the council to be represented at any public inquiry in respect of the proposed Order.”

 

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

Resolved:  That the above recommendations be approved.1

 

Action Required

1. To note approval of the recommendations in the report on Public Footpath Copmanthorpe No. 2 (etc) and take appropriate action  

 

 

JG

</AI11>

<AI12>

26.         Update on Governance Arrangements for the Yorkshire Purchasing Organisation (YPO) (22:10)

 

The following recommendations contained in the report of the Director of Governance and Monitoring Officer at page 55 of the agenda papers were deemed moved and seconded and were voted on without debate:

 

“Council is recommended to:

a.   note and consider the changes recommended by the YPO Management Committee;

b.   delegate authority to Director of Governance to sign an updated Management Agreement on behalf of the Council noting that all Member Authorities must also agree before the revisions take effect; and

c.   confirm the appointment of Cllr Merrett as the Member of the Joint Committee and Cllr Wilson as their substitute.

Reason:     To ensure that the governance of YPO Management Committee remains up to date and fit for purpose.”

 

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

 

Resolved:  That the above recommendations be approved.1

 

Action Required

1. To note approval of the recommendations in the report on Update on Governance Arrangements for YPO and take appropriate action  

 

 

 

 

 

BR

</AI12>

<AI13>

27.         Independent Remuneration Panel (22:10)

 

The following recommendation contained in the report of the Director of Governance and Monitoring Officer at page 121 of the agenda papers was deemed moved and seconded and was voted on without debate:

 

“To approve the appointment of the following individuals to the Independent Remuneration Panel, in order to establish a Panel of 3 to undertake the work of reviewing allowances and entitlements given to elected Members:     

Mr David Dickson

Ms Elizabeth Heaps

Ms Lucy Shaw.”

 

Reason: To comply with statutory requirements for an independent review of allowances and entitlements for Councillors following their election to the Council.”

 

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

 

Resolved:  That the above recommendation be approved.1

 

Action Required

1. To note approval of the recommendation in the report on Independent Remuneration Panel and take appropriate action  

 

 

DS

</AI13>

<AI14>

28.         Independent Person - Audit & Governance Committee (22:10)

 

The following recommendation contained in the report of the Director of Governance and Monitoring Officer was deemed moved and seconded and was voted on without debate:

 

“To extend the current term of office of the Independent Person (Mr Joe Leigh) appointed to Audit & Governance Committee for a further 2 years on the proviso that Mr Leigh provide up to 3 months’ notice should he wish to resign from the office.

       

Reason:     To ensure continuity of office for the immediate future.”

 

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

 

Resolved:  That the above recommendation be approved.1

 

Action Required

1. To note approval of the recommendation in the report on Independent Person - Audit & Governance Committee and take appropriate action  

 

 

DS

</AI14>

<AI15>

29.         Appointments and Changes to Membership (22:10)

 

Resolved:  That the appointments and changes to membership set out on the list at page 3 of Agenda Supplement 1 be approved.1

 

Action Required

1.  To note approval of the revised appointments list, make the changes on the system and inform organisations as required  

 

 

 

LC

 

</AI15>

<TRAILER_SECTION>

 

 

Cllr C Cullwick

LORD MAYOR OF YORK

[The meeting started at 6.31 pmand concluded at 10.10 pm]

 

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