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.

(1)         Members must consider their interests, and act according to the

following:

(2)         Disclosable pecuniary interests relate to the Member concerned or their spouse/partner.

(3)         Members in arrears of Council Tax by more than two months must not vote in decisions on, or which might affect, budget calculations, and must disclose at the meeting that this restriction applies to them. A failure to comply with these requirements is a criminal offence under section 106 of the Local Government Finance Act 1992.

Members were asked to declare at this point in the meeting any disclosable pecuniary interests or other registerable interests they might have in respect of business on the agenda, if they had not already done so in advance on the Register of Interests. None were declared.

To approve and sign the minutes of the last meetings of the Committee held on 23 October 2023 and 19 December 2023.

Resolved:  That the minutes of the last meetings held on 23 October 2023 and 19 December 2023 be approved and signed by the Chair as a correct record.

To consider excluding the public and press from the meeting during consideration of:

·        Agenda Item 5, Confidential Annex B; Agenda Item 6, Confidential Appendices 1-4; and Agenda Item 7, Confidential Appendices 1 and 2 on the grounds that they contain information relating to the financial or business affairs of any particular person (including the authority holding that information). This information is classed as exempt under Paragraph 3 of Schedule 12A to Section 100A of the Local Government Act 1972, as amended by the Local Government (Access to information) (Variation) Order 2006.

·        Agenda Item 6, Confidential Appendix 7 on the grounds that it contains information relating to any individual, information which is likely to reveal the identity of an individual, and information relating to the the financial or business affairs of any particular person (including the authority holding that information). This information is classed as exempt under Paragraphs 1, 2 and 3 of Schedule 12A to Section 100A of the Local Government Act 1972, as amended by the Local Government (Access to information) (Variation) Order 2006.

·        Agenda Item 8, Confidential Annexes A and B on the grounds that it contains information relating to the financial or business affairs of any particular person (including the authority holding that information) and information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office-holders under, the authority. This information is classed as exempt under Paragraphs 3 and 4 of Schedule 12A to Section 100A of the Local Government Act 1972, as amended by the Local Government (Access to information) (Variation) Order 2006.

Resolved: That the press and public be excluded from the meeting during any discussion arising on the following items:

·     Agenda Item 5 (Yorwaste Ltd Finance Update), Confidential Annex B; Agenda Item 6 (Make it York Business Plan), Confidential Appendices 1-4; and Agenda Item 7 (Veritau Limited Finance and Business Plan), Confidential Appendices 1 and 2 on the grounds that they contain information relating to the financial or business affairs of any particular person (including the authority holding that information). This information is classed as exempt under Paragraph 3 of Schedule 12A to Section 100A of the Local Government Act 1972, as amended by the Local Government (Access to information) (Variation) Order 2006.

·     Agenda Item 6 (Make it York Business Plan), Confidential Appendix 7 on the grounds that it contains information relating to any individual, information which is likely to reveal the identity of an individual, and information relating to the financial or business affairs of any particular person (including the authority holding that information). This information is classed as exempt under Paragraphs 1, 2 and 3 of Schedule 12A to Section 100A of the Local Government Act 1972, as amended by the Local Government (Access to information) (Variation) Order 2006.

·     Agenda Item 8 (City of York Trading Ltd Business Plan), Exempt Annexes A and B on the grounds that they contain information relating to the financial or business affairs of any particular person (including the authority holding that information) and information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office-holders under, the authority. This information is classed as exempt under Paragraphs 3 and 4 of Schedule 12A to Section 100A of the Local Government Act 1972, as amended by the Local Government (Access to information) (Variation) Order 2006.

At this point in the meeting members of the public who have registered to speak can do so. Members of the public may speak on agenda items or on matters within the remit of the committee.

Please note that our registration deadlines are set as 2 working days before the meeting, in order to facilitate the management of public participation at our meetings.  The deadline for registering at this meeting is 5:00pm on Friday 15 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 meeting will be webcast including any registered public speakers who have given their permission. The meeting can be viewed live and on demand at http://www.york.gov.uk/webcasts.

During coronavirus, we made some changes to how we ran council meetings, including facilitating remote participation by public speakers. See our updates (http://www.york.gov.uk/COVIDDemocracy) for more information on meetings and decisions.

It was reported that there had been no registrations to speak at the meeting under the Council’s Public Participation Scheme.

To receive an update on the performance of the company.

Members considered a report providing an update on the performance of the company. The Managing Director of Yorwaste provided an overview, drawing attention to improvements in health and safety, a good fiscal performance over the year, and the company’s green rating in all categories in a recent shareholder review by North Yorkshire Council (NYC) to measure compliance against the CIPFA best practice guidelines for Local Authority Owned Companies. It was confirmed that a decision on the Harewood Whin solar project was expected to be made by CYC planning in May, and that fleet decarbonisation options were being reviewed as part of a wider project with NYC. A marginal profit was anticipated for the next financial year despite the impact of wage inflation and an expected drop in landfill gas revenues. The company expected to meet its capital expenditure over the next three years without recourse to the shareholding authorities.

In response to questions from the committee it was confirmed that challenges were presented by a lack of clarity in government policy relating to both simplified recycling and extended producer responsibility for packaging. It was also confirmed that an emphasis on front-end messaging to communicate with staff had had a significant impact in improving safety, which remained the company’s top priority.

Resolved:

             i.             To note the reports from Yorwaste Ltd attached at Annex 1 and Confidential Annex 2 to the report.

            ii.             To approve the Yorwaste Business Plan for 2024/25attached as Confidential Annex 2 to the report.

Reason:   To ensure the Council was updated on the financial performance of Yorwaste Ltd.

To receive an update on the performance of the company and the business plan for 2024-27.

The Chief Executive of Veritau Limited provided the committee with an update on the company’s performance since October 2023. The company had gained several new clients including academy school trusts, and recruitment of trainees continued with three trainees recently completing professional qualifications. A new audit management system was being implemented and work was being done to further develop the company’s social value position including confirming the commitment to be a Disability Confident employer. Regarding financial performance, net profit before tax was in line with expectations. It was noted that discussions had taken place with several councils wishing to join Veritau, with two formally requesting this; this would require structural changes to ensure a sustainable model which protected the interests of the existing member councils.

In response to questions from the committee it was confirmed that any such changes would require approval from both City of York Council and North Yorkshire Council, and that the Executive, rather than the Shareholder Committee, was the appropriate body to consider this. It was also noted that a project group was exploring options for the use of AI for some aspects of the company’s internal audit work, and that it was important that both the risks and potential benefits of this technology were fully understood.

Resolved:

             i.             To note the Group’s performance since the last business update report in October 2023;

            ii.             To approve the 2024/25 business plan;

          iii.             To note the proposed expansion of Veritau.

Reason:   To ensure the Council was updated on the performance of Veritau Limited.

To consider the Committee’s draft work plan for the 2024/25 municipal year.

Members considered the committee’s work plan for the next municipal year.

Resolved: That the committee’s Work Plan for 2024/25 be noted.

Reason:     To ensure the committee received regular reports in accordance with the functions of an effective Shareholder Committee.

To approve the annual business plan (in light of agreed SLA priorities).

Members considered an update from Make it York presented by the company’s Managing Director and Head of Finance. It was noted that the company had performed stronglysince the last update to the committee, winning several awards, while visitor numbers and web statistics had been strong for events including the St Nicholas Fair Christmas Market, Residents’ Festival, Haunted York campaign, Ice Trail and Snooks Trail. Membership retention was high at 84% and events for members including a sold-out conference had proven successful. Governance had been improved with a stronger focus on outputs and member feedback, while finances had also improved despite a challenging year, with year-end profit higher than expected.

In response to questions from the committee it was noted that Visitor Pass figures were lower than last year for several reasons including strong post-Covid performance in 2022-23, the impact of bad weather and industrial action on the railways, and lower investment in pass marketing. Investment in promoting the pass was due to be increased this year, and new ways of incentivising use of the pass were being considered. Clarification on the figures in Annex A for Airbnb listings in the city would be provided to members. The committee also offered congratulations to the Managing Director on the receipt of a Lifetime Achievement Award at the Yorkshire Businesswoman Awards.

[Between 17:04 and 17:29 the press and public were excluded from the meeting during consideration of Confidential Appendices 1-4 and 7 to the report].

Resolved:

             i.             To note the MIY Shareholder Report at Annex A and the supporting documents from Appendix 1 to Appendix 7 supplied by MIY.

            ii.             To approve the Annual Business Plan (Service Delivery Plan)at Appendix 5;

          iii.             To approve the appointment of the new Board Non-Executive Director.

Reason:   To ensure the Council is updated on the financial performance of MIY and approve the business plan and new Board Non-Executive Director.

To consider the company’s business plan for 2024-25 and to approve the CYT Implementation Project Plan.

The Committee considered an update comprising the company’s Business Plan and Implementation Project Plan presented by the Managing Director of City of York Trading Ltd (CYT).

[Between 17:34 and 18:05 the press and public were excluded from the meeting during consideration of Exempt Annexes A and B to the report].

Resolved:

i.          To approve the CYT Business Plan for 2024/25 at Exempt Annex A.

Reason:   To enable the CYT Board of Directors and staff to execute strategies for the growth of the Company’s non-Council recruitment business.

ii.         To approve the Implementation Project Plan at Exempt Annex B.

Reason:   To ensure that Public Contract Regulations compliance can be maintained for the supply of temporary staff to the Council of the City of York.