Agenda and draft minutes

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

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

[Please see attached sheet for further guidance for Members].

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

To approve and sign the minutes of the Council meeting held on 22 February 2024.

Resolved:  That the minutes of the Council meeting held on 22 February 2024 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 acknowledged his year in office and his last two fund raising events, a murder mystery evening taking place in the Mansion House on 22 April 2024 and the Lord Mayor’s Ball taking place on 18 May 2024 in the Guildhall. He also noted that it had been his privilege, along with the civic party, to promote York as a City of Sanctuary and a City of Human Rights.

He also announced that since the last meeting he had attended York Mosque to share in the iftar and had joined York’s Jewish community and many others at the annual commemoration of the tragic event that took place on 16 March 1190.

At this point in the meeting, any member of the public who has registered to address the Council, or to ask a Member of the Council a question, on a matter directly relevant to the business of the Council or the City, may do so.  The deadline for registering is 5:00pm on Tuesday, 19 March 2024.

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

Webcasting of Public Meetings

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

www.york.gov.uk/webcasts.

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

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

All speakers referenced Agenda Item 5, Petitions, particularly in relation to calling for an immediate and sustainable ceasefire in Gaza and Israel.

Imam Ammar Sacha spoke on community cohesion recognising the ongoing genocide and crisis in Palestine and the need to call or an immediate permanent ceasefire as well as the need for sanitarian and humanitarian aid.

Rabbi Elisheva Salamo also spoke on community cohesion highlighting some lived experiences, noting that antisemitism and antisemitic incidents had increased. She also addressed the situation in Gaza and recognised the need for peace, humanitarian aid and a call for a ceasefire.

Dr Richard Murgatroyd addressed York's status as a City of Human Rights and a City of Sanctuary in light of the crisis in Gaza and called for the council to support justice for Palestine and the need for a ceasefire.

Professor Mohamed El-Gomati called for a ceasefire in Gaza, restoration of all food supplies and other amenities as well as exchange of all detainees on both sides.

Mr Chris Brace called for a robust and unequivocal demand for a ceasefire. He acknowledged how the council could support an end to the siege in Gaza.

The remaining registered speaker did not attend the meeting.

The Lord Mayor thanked all public participants for their contributions.

To consider any petitions received from Members in accordance with Standing Order B5.  Notice has been received of six petitions to be presented by:

(i)           Cllr Mason, on behalf of local businesses, regarding pavement cafes and the city centre economy.

(ii)         Cllr Warters, on behalf of residents, regarding Tranby Avenue parking problems.

(iii)        Cllr Warters, regarding reducing the HMO thresholds.

(iv)        Cllr Myers, on behalf of residents, calling for an immediate and sustainable ceasefire in Gaza and Israel.

(v)         Cllr Waller, in the light of repeated deep pothole repairs, requesting that Foxwood Lane is resurfaced between the junctions with Huntsman’s Walk and Askham Lane to complete the resurfacing which has been done in the section leading from Gale Lane to Huntsman’s Walk.

(vi)        Cllr Waller, requesting resurfacing of Corlett Court road surface following the increasing number of potholes to follow on from repairs to Walker Drive and Spurr Court.

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

i.              A petition presented by Cllr Mason, on behalf of businesses in the city, regarding pavement cafes and the city centre economy.¹

ii.             A petition presented by Cllr Warters, on behalf of local residents, regarding Tranby Avenue parking problems.²

iii.           A petition presented by Cllr Warters, on behalf of local residents, in relation to reducing the HMO thresholds.³

iv.           A petition presented by Cllr Myers, on behalf of local residents, in relation to calling for an immediate and sustainable ceasefire in Gaza and Israel.⁴

v.            A petition presented by Cllr Waller, on behalf of local residents, regarding resurfacing of Foxwood Lane between the junctions with Huntsman’s Walk and Askham Lane to complete the resurfacing which had been done in the section leading from Gale Lane to Huntsman’s Walk.⁵

vi.           A petition presented by Cllr Waller, on behalf of local residents, regarding resurfacing of Corlett Court road surface following the increasing number of potholes to follow on from repairs to Walker Drive and Spurr Court.⁶

This report seeks Council’s consideration of, and agreement to the adoption of, the 2024 Independent Remuneration Panel report into Members’ Allowances, covering the period 1 April 2023 to 31 March 2027. Council is also asked to agree consequential suspension of paragraph 1.3 of Appendix 20 to the Constitution for the period 1 April 2023 to 7 May 2023, and for the Municipal Year 2024-25

Council received a written report from the Director of Governance and 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 thanked the Panel for their hard work and commitment in producing their report and he 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. He also thanked all the officers and Members that had supported them in undertaking their review.

The following recommendations contained in the report were then moved by Cllr Douglas and seconded by Cllr Steward.  

“Council is asked to:

(i)    consider the report and recommendations of the Independent Remuneration Panel;

(ii)    agree the proposals set out at paragraph 5 of the report;

(iii)   request the Monitoring Officer to make any consequential changes to the Scheme of Allowances for Members, as set out in the Constitution; and

(iv)  agree that paragraph 1.3 of Appendix 20 to the Constitution will not apply for the period 1 April 2023 to 7 May 2023 and for the 2024-25 Municipal Year.

Reason: To ensure the Council meets it statutory requirements relating to the independent review and provision of

               Members allowances.”

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

Resolved:  That the above recommendations be approved.¹

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

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

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

Free School Meals

From Cllr Fenton: Under the approach being pursued by the administration, can you please confirm your latest estimate when the rest of York’s primary schools can expect free school meals to be offered to all pupils?

Response: It’s been really heartening to work with the steering group and the front faces of the campaign, the Archbishop of York and the Captain of the York Valkyries, to help us to get going with the fund raising. We are in the process of going out to the high value donors within the city who can really start to bring in some substantial funding alongside smaller amounts that we will go live with later in the year. As far as a timeline goes, we will move towards getting the meals out to other schools. We are first of all putting it into areas of disadvantage and deprivation, so Westfield and Clifton, who are very much in need of free school meals. We are testing out what works. It’s been interesting to look at the differences between free school lunches and breakfasts. So far headteachers have been very supportive of the breakfast idea. Bringing children into school early to eat together in a calm environment, we have persistent absentees back in school.

Supplementary from Cllr Fenton: In terms of the fund raising efforts as they stand, can you give us a quick update on where you are at the moment in terms of the level of funding that has been secured?

Supplementary Response: The work of the steering group has been requested to go to scrutiny later in the year. Budget funding from the council is enough to provide breakfasts at Burton Green and we also recently secured a commitment from our public health partners. We are moving into the next stage. I have been speaking to a fund raiser who has a great deal of contacts within the city on the high net worth elements, so we hope to accelerate that but we are doing it in a financially responsible way.

Supplementary from Cllr Warters: Is the council funding being supported by third-party contributions, and if so, by how much?

Supplementary Response: As far as the businesses and community fund raising goes, we wanted to bring in the amount to get the pilot going. That has been done and funding has been secured for two years at Burton Green Primary School, which is around £40,000. We also have the funding for Westfield Primary School as well, which is ongoing, and committed to through the medium term financial strategy for the period of our administration. The health funding is for a period of one year at this point in  ...  view the full minutes text for item 76.

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

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

Deputy Leader Report

From Cllr Rowley: What is the process to have your report removed from the agenda?

Response:  It’s not a question I can answer I’m afraid. I’ve no idea where we are up to with the constitutional reform.

From Cllr Ayre: Why didn’t you bring a constitutional change to yesterday’s Audit and Governance Committee to have it taken out.

Response: This is a helpful suggestion and we could bring it to the next one.

Local Government Association (LGA) Peer Review

From Cllr Widdowson: Why are we changing the senior management structure now rather than waiting for the conclusions and recommendations from the peer review?

Response: The changes that are currently underway also come from a LGA review, so it’s pretty much part of the same process.

Budget Setting Process

From Cllr Fenton: As we know the government provided some additional money.  Can you set out some of the considerations that the Executive made about how York’s share of that money could be used in terms of its assignment to reserves rather than to be used for adult social care and children, in order to free up other money that had been assigned to address those pressures that could have potentially averted some of the cuts elsewhere.

Response: If you care to give a written question addressed to Cllr Lomas, I’m sure an answer will be provided to you.

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

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

(i)           From Cllr B Burton

Making York a Trauma Informed City

“Council notes:

·        Trauma can be experienced through exposure to emotionally distressing experiences. This could be a single incident, or prolonged exposure to difficult and upsetting circumstances. Sources of trauma can be varied and complex;

·        Understanding of trauma and the impact it has on survivors is well established, highlighting that its effects can be significant, wide-ranging and affect many aspects of people’s lives;

·        47% of children in the UK will experience at least one Adverse Childhood Experience, such as physical or sexual abuse or neglect, and 1 in 10 people in the UK will experience post-traumatic stress disorder (PTSD) at some time in their life;

·        Trauma can result in increased likelihood of a range of negative outcomes including lower life expectancy, increased likelihood of being diagnosed with a mental illness and a heightened risk of death by suicide; 

·        Certain groups, including people experiencing socio-economic disadvantage, women, those who’re care-experienced, minority ethnic groups, people with disabilities and the LGBTQ+?community are disproportionally affected by trauma;

·        Organisations that adopt Trauma-Informed approaches provide more positive experiences for trauma survivors; 

·        Scotland, Humber & North Yorkshire Health & Care Partnership, numerous NHS Trusts and many local authorities have adopted Trauma-Informed approaches as best practice;

·        Under the Humber and North Yorkshire Health & Care Partnership, there are four phases to becoming Trauma-Informed: Trauma Aware, Trauma Sensitive, Trauma Responsive and Trauma-Informed;

·        Tees, Esk and Wear Valleys NHS Foundation Trust (TEWV) used their own Borderline Personality Disorder (BPD) protocol up until 2018, which identified people exhibiting many types of typical trauma responses under the label of BPD+, despite this not being a nationally recognised diagnosis.

Council believes:

·        People who have, or who are experiencing, trauma can experience many barriers when accessing services. These can be complex and sometimes misinterpreted by professionals;

·        Services or organisations can unintentionally retraumatise or cause additional trauma to service-users. Implementing a Trauma-Informed framework reduces the risk of this occurring;

·        Trauma-informed approaches benefit both trauma survivors and frontline staff;

·        Service users and staff must have a voice in the decision-making process of the organisation and its services;

·        Consistent and thorough implementation of a Trauma-Informed approach is an important way for schools and education settings to better understand and respond to the needs of children and young people;

·        Successful implementation of Trauma-Informed approaches in the city will require a multi-agency approach and buy-in from external organisations;

·        The use of the BPD+ protocol in the city by TEWV NHS Trust meant many people with severe trauma were provided with inadequate care. Though TEWV stopped officially using the BPD+ protocol in 2020, many residents accessing services more recently continue to report - through Healthwatch York and other voluntary and community sector organisations - the use of processes linked to the BPD+ protocol.

Council resolves:

·        To take steps to become a Trauma-Informed City and commits to working in  ...  view the full agenda text for item 78.

(i)    Making York a Trauma Informed City

Moved by Cllr Whitcroft, seconded by Cllr Steels-Walshaw.

“Council notes:

·        Trauma can be experienced through exposure to emotionally distressing experiences. This could be a single incident, or prolonged exposure to difficult and upsetting circumstances. Sources of trauma can be varied and complex;

·        Understanding of trauma and the impact it has on survivors is well established, highlighting that its effect can be significant, wide-ranging and affect many aspects of people’s lives;

·        47% of children in the UK will experience at least one Adverse Childhood Experience, such as physical or sexual abuse or neglect, and 1 in 10 people in the UK will experience post-traumatic stress disorder (PTSD) at some time in their life;

·        Trauma can result in increased likelihood of a range of negative outcomes including lower life expectancy, increased likelihood of being diagnosed with a mental illness and a heightened risk of death by suicide; 

·        Certain groups, including people experiencing socio-economic disadvantage, women, those who’re care-experienced, minority ethnic groups, people with disabilities and the LGBTQ+?community are disproportionally affected by trauma;

·        Organisations that adopt Trauma-Informed approaches provide more positive experiences for trauma survivors; 

·        Scotland, Humber & North Yorkshire Health & Care Partnership, numerous NHS Trusts and many local authorities have adopted Trauma-Informed approaches as best practice;

·        Under the Humber and North Yorkshire Health & Care Partnership, there are four phases to becoming Trauma-Informed: Trauma Aware, Trauma Sensitive, Trauma Responsive and Trauma-Informed;

·        Tees, Esk and Wear Valleys NHS Foundation Trust (TEWV) used their own Borderline Personality Disorder (BPD) protocol up until 2018, which identified people exhibiting many types of typical trauma responses under the label of BPD+, despite this not being a nationally recognised diagnosis.

Council believes:

·        People who have, or who are experiencing, trauma can experience many barriers when accessing services. These can be complex and sometimes misinterpreted by professionals;

·        Services or organisations can unintentionally retraumatise or cause additional trauma to service-users. Implementing a Trauma-Informed framework reduces the risk of this occurring;

·        Trauma-informed approaches benefit both trauma survivors and frontline staff;

·        Service users and staff must have a voice in the decision-making process of the organisation and its services;

·        Consistent and thorough implementation of a Trauma-Informed approach is an important way for schools and education settings to better understand and respond to the needs of children and young people;

·        Successful implementation of Trauma-Informed approaches in the city will require a multi-agency approach and buy-in from external organisations;

·        The use of the BPD+ protocol in the city by TEWV NHS Trust meant many people with severe trauma were provided with inadequate care. Though TEWV stopped officially using the BPD+ protocol in 2020, many residents accessing services more recently continue to report - through Healthwatch York and other voluntary and community sector organisations - the use of processes linked to the BPD+ protocol.

Council resolves:

·        To take steps to become a Trauma-Informed City and commits to working in partnership to embed Trauma-Informed frameworks across services and partner agencies, working in co-production with trauma survivors;

·        To ask the Executive  ...  view the full minutes text for item 78.

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

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

Questions to Cllr Kilbane, Executive Member for Economy and Transport

From Cllr Crawshaw: The unanimous position of the Planning Committee was that the ring road should be dualled but that it was absolutely imperative that we capture all the additional benefits in terms of taking traffic out of the city centre and out of the villages but also all of the active travel elements and public transport benefits that could be found as well. Unfortunately, the committee was unable to condition those within the approval and so we added an informative to be agreed by myself and the vice-chair. I’d really like to hear the ways in which you will work to ensure all of those benefits will be delivered?

Response: Thank you to everybody on the Planning Committee. There are things that you can and can’t do within planning law. We inherited the scheme and we took it forward as we promised we would do. We addressed the issues that Active Travel England had raised with the scheme and the things missing from it. We took it as far as we could without unnecessarily delaying it further. The Local Plan, which is going through adoption, is contingent on the dualling of the ring road. What we have to do now is to take the results of the city wide local transport consultation, and they have been overwhelmingly in support of our sustainable travel in the city, and make sure that we use the opportunity that dualling the ring road brings to tie in the advantages of moving to a more sustainable means of travel. We need to make sure it takes traffic out of the city centre and it will be down to this authority, the subsequent authority, and the new incoming elected Mayor to ultimately maximise the benefits.

From Cllr Fenton: I have been in correspondence with an officer recently regarding a grit bin review that’s ongoing in terms of the location of grit bins around the city. Will Councillors have the opportunity to engage in that review?

Response: Absolutely.

Supplementary from Cllr Fenton: Are you able to set a timescale on when that opportunity might arise?

Response: If you can email me the details of the officer concerned I will then respond to that email.

From Cllr Nicholls: There was a trial agreed some months ago for 20mph speed limits, any updates on that implementation?

Response: The parish council in Bishopthorpe, and the local councillor, submitted a request for 20mph speed limits around the whole village, which I was very happy to grant.  It will be used as a trial to see what the impact is on the village. If it works in the village then it could be rolled out to other areas who are requesting them. We need to act on this now. If you could email me, and  ...  view the full minutes text for item 79.

To receive a written report from the Executive Member for Housing, Planning & Safer Communities, and to question the Executive Member thereon, in accordance with Standing Orders B9 and B10.

A written report was received from Cllr Pavlovic, Executive Member Housing, Planning and Safer Communities.

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

Homeless Strategy

From Cllr Widdowson: In the now scrapped report into what happened with the Salvation Army, it states that you didn’t want the contract to end, is that the case?

Response: I have offered both Cllr Vassie and Cllr Myers the opportunity to input into the Homeless Strategy before it goes out for consultation. It’s immaterial whether I did or didn’t support the decision. The decision to end the Salvation Army contract was a legal decision that was made on the advice of our statutory officers who said that the contract should have ended in November 2022 and it was extended to 31 March 2023, and that it could not therefore be further extended. We were given very clear guidance by our legal officer and by our Section 151 Officer that it could not be extended and that is why the decision was made by those Executive Members responsible for finance, and that decision had to be supported.

Supplementary from Cllr Widdowson: The report then went on to say that you subsequently found a prejudicial interest and you excused yourself. Is it true that you didn’t have a current prejudicial interest and that you didn’t want to be present?

Response: It was not a case of whether I wanted to be present or didn’t want to be present. The decision was given on the advice of the officers that a legal process had been started and therefore that had to be seen through. My prejudicial interest, which I had sort of declared at numerous housing scrutiny meetings during the last administration when the Salvation Army came up, was that I was part of the resettlement process. 

Supplementary from Cllr Crawshaw: In future, if you were dealing with a long term contract for a supplier to deliver services for the homelessness and you were aware that the contract was coming towards the end of its time, do you believe that you would enter into a re-procurement process in a timely way to ensure that the contract does not need extending and does not come to an end in any way that is detrimental to the people of the city?

Response: The last administration had two years of planning for a new resettlement strategy. They did not reach any sort of consensus about any services including those that were commissioned nor did they have a viable strategy that they could agree with and therefore, had they spent the two years whilst that contract was still ongoing we wouldn’t be in this position now.

Gypsy and traveller provision

From Cllr Rowley: It’s now nearly five years since an evicted family from the Osbaldwick travellers site were instructed by a City of York Council officer  ...  view the full minutes text for item 80.

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

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

This report seeks Members’ approval of revisions to the Arrangements for the Police, Fire and Crime Panel, following the transfer of police and crime commissioner functions to the Mayor in May 2024.

The following recommendation contained in the report of the Director of Governance and Monitoring Officer at page 90 of the agenda papers was moved by Cllr Douglas and seconded by Cllr Kilbane.

“That Members agree the revised Arrangements for the North Yorkshire Police, Fire and Crime Panel as provided at Appendix A to the report.

Reason: The Panel must have Arrangements setting out its legal role and responsibilities and which accurately reflect the shifting accountabilities from Commissioner to Mayor, from 7 May 2024. The council is therefore requested to agree the revised Arrangements ahead of this transition.”

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

Resolved: That the above recommendation be approved.¹

This report presents for consideration and approval by Council the draft Corporate Calendar of meetings from May 2024 to May 2025, attached as Annex A.

The following recommendations contained in the report of the Director of Governance and Monitoring Officer at pages 107 and 108 of the agenda papers was moved by Cllr Douglas and seconded by Cllr Pavlovic.

“That:

i. The Corporate Calendar of meetings for 2024/25, attached as Annex A to the report, be approved.

ii. That the Director of Governance be authorised to make any changes to the Calendar as may prove necessary from time to time.

Reasons:

i.  To provide a framework for the democratic and decision-making functions which will underpin delivery of the Council’s corporate priorities.

ii.  To ensure that the calendar of meetings is implemented to assist with the forward planning and better management of meetings.”

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

Resolved: That the above recommendations be approved.¹

The report asks Members to agree the proposed addition of wording into Article 11 of the Constitution.

The Lord Mayor invited the Monitoring Officer to address the meeting prior to the recommendations being formally moved.  In doing so, the Monitoring Officer confirmed the recommendation had been endorsed by Audit and Governance Committee on Wednesday 20 March 2024 and he drew Members attention to a typographical error in table 5 on page 135 of the agenda pack in that ‘Lose 1’ should appear in the Labour column rather than the Conservative column.

The following recommendation contained in the report at page 128 of the agenda papers was then moved by Cllr Douglas and seconded by Cllr Kilbane.

“Subject to endorsement by Audit and Governance Committee, Council is recommended to approve the amendment to theConstitution through the inclusion in Article 11 of the proposed additional wording as set in paragraph 6 of the report, as below

1.3  The Committee shall comprise five members and shall  have a quorum of three members.

Reason: In order to remedy an error in the Constitution, to ensure that the Council can lawfully and expeditiously carry on its business.”

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

Resolved: That the above recommendation be approved.¹