Agenda, decisions and minutes

At this point, Members are asked to declare any personal or prejudicial interest they may have in the business on this agenda.

Members were invited to declare at this point in the meeting any personal or prejudicial interests they might have in the business on the agenda.  No interests were declared.

To consider the exclusion of the press and public from the meeting during consideration of parts of the report relating to Agenda Item 9 (Community Stadium), on the grounds that the report contains information relating to the financial or business affairs of a particular person.  This information is classed as exempt under paragraph 3 of Schedule 12A to Section 100A of the Local Government Act 1972 (as revised by The Local Government (Access to Information) (Variation) Order 2006).

RESOLVED: That the press and public be excluded from the meeting during consideration of those parts of agenda item 9 (Community Stadium) that relate to the financial or business affairs of particular persons (including the authority holding that information), on the grounds that this information is classed as exempt under Paragraph 3 of Schedule 12A to Section 100A of the Local Government Act 1972 (as revised by The Local Government (Access to Information) (Variation) Order 2006).

To approve and sign the minutes of the meeting of the Executive held on 30 June 2008.

RESOLVED: That the minutes of the Executive meeting held on 30 June 2008 be approved and signed by the Chair as a correct record.

At this point in the meeting, members of the public who registered their wish to speak regarding an item on the agenda or an issue within the Executive’s remit can do so.  The deadline for registering is 5:00 pm on Monday 14 July 2008.

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

To receive details of those items that are listed on the Executive Forward Plan for the next two meetings.

Members received and noted details of those items that were listed on the Executive Forward Plan for the next two Executive meetings.

This report seeks approval for a response to the Government`s consultation on the Sub-National Review of economic development and regeneration (SNR) and for a Multi-Area Agreement submitted by the Leeds City Region.

RESOLVED: (i)         That the response to Government regarding the consultation on the Sub-National Review of Economic Development and Regeneration, as set out in Annex A to the report, be endorsed.

                        (ii)        That the Multi-Area Agreement for the Leeds City Region, as set out in Annex B, be supported.

REASON:      To help shape the effectiveness of future action, in line with the Council’s Corporate Priorities and the objectives of the Sustainable Community Strategy.

Members considered a report which asked them to endorse a response to the Government’s consultation on the Sub-National Review of economic development and regeneration (SNR), and to support a Multi-Area Agreement (MAA) submitted by the Leeds City Region.

The consultation covered developing stronger partnerships for regional growth, integrating regional strategies to promote growth, and the role of local authorities in strengthening sub-regional economies.  The response, attached as Annex A to the report, had been sent to meet the deadline of 20 June 2008, following circulation to all elected Members for comment. 

In February 2008, the Executive had approved a series of actions to support the priorities of the City of York within the city region context.  These had included endorsing Officer support for the preparation of a Multi-Area Agreement focused on skills, labour market mobility and transport.  The latest version of the MAA, which the Chair and Chief Officer of the Leeds City Region had authority to finalise for submission by 30 June, was attached as Annex B.

Having noted the comments of the Shadow Executive on this item, it was

RESOLVED: (i)         That the response to Government regarding the consultation on the Sub-National Review of Economic Development and Regeneration, as set out in Annex A to the report, be endorsed.

                        (ii)        That the Executive expresses its concern regarding the loss of democratic accountability in the planning process that would result from the proposals in the SNR.

                        (iii)       That the Multi-Area Agreement for the Leeds City Region, as set out in Annex B, be supported.

REASON:      To help shape the effectiveness of future action, in line with the Council’s Corporate Priorities and the objectives of the Sustainable Community Strategy.

This report asks Members to consider actions to help ensure that negative impacts are minimised, and that York remains a Thriving and Inclusive city, through a difficult economic period.

RESOLVED: (i)         That the package of actions contained in paragraph 8 of the report be approved for consultation.¹

(ii) That a progress report be brought back to the Executive in September.

REASON:      To help ensure that York remains a Thriving and Inclusive City during a difficult economic period and to keep Members informed of progress.

Members considered a report which suggested actions to help ensure that York remained a ‘Thriving and Inclusive’ city during the difficult economic period currently facing the country.

As demonstrated in the Future York Group (FYG) report, York’s economy in recent times had out-performed those regionally and nationally.  This trend was likely to continue, subject to a number of constraints already being addressed.  However, business and consumer confidence needed to be strengthened in order to achieve growth and minimise the impact of a downturn.

The report proposed options for package of measures, building upon actions already taken by the Council for the benefit of businesses and individuals.  These would be subject to a process of consultation with business, the voluntary sector, key partnerships and other leaders in the City.  They included options to enhance consumer confidence, support local business and help those hardest hit by economic downturn, usually the poorest.  Details were set out in paragraph 11 of the report.  Consultation would take place over the summer, with the aim of bringing a costed set of proposals to the Executive in September.

Having noted the comments of the Shadow Executive on this item, it was

RESOLVED: (i)         That the package of actions contained in paragraph 8 of the report be approved for consultation.¹

(ii) That a progress report be brought back to the Executive in September.²

REASON:      To help ensure that York remains a Thriving and Inclusive City during a difficult economic period and to keep Members informed of progress.

This report asks the Executive to note the review of the Council’s homeless strategy and approve the contents of the strategy that will cover the period between 2008 and 2013, for submission to Communities and Local Government by the end of July 2008.

RESOLVED: That the draft Strategy at Annex A to the report be approved for submission to the Communities and Local Government Department by 31 July 2008.

REASON:      In accordance with the legal requirement for the Council to have a Homeless Strategy.

Members considered a report which sought approval for a draft Homeless Strategy for the period 2008-2013, prior to its submission to Communities and Local Government to meet the deadline of 31 July 2008.

The draft Strategy, attached as Annex A to the report, had been endorsed by the Executive Member for Housing and Adult Social Services at the EMAP meeting on 2 June 2008.  Development of the Strategy had been overseen by a multi-agency Homeless Strategy Steering Group and had been informed by consultation with stakeholders and customers.  Its overarching aim was to eradicate the use of emergency accommodation and move away from a reactive approach to homelessness. 

A revised version of the draft Strategy, incorporating an Action Plan, was circulated at the meeting.

Having noted the comments of the Shadow Executive on this item, it was

RESOLVED: That the draft Strategy be approved for submission to the Communities and Local Government Department by 31 July 2008.¹

REASON:      In accordance with the legal requirement for the Council to have a Homeless Strategy.

Any other business which the Chair considers urgent under the  Local Government Act 1972

RESOLVED: That the decisions taken at the Executive (Calling In) meeting on 8 July 2008 in respect of the York Racecourse lease be confirmed.

REASON:      In accordance with the recommendations of the Strategic Policy Panel.

Members considered the recommendations made by the Strategic Policy Panel (SPP), at their meeting on 14 July 2008, with regard to York Racecourse’s application for an extension and amendments to their lease.

The Chair had agreed to deal with this matter as urgent business, on the basis that a final decision on this matter, which originally came before the Executive on 30 June 2008, should be taken without delay.

The SPP had considered the decisions taken at the Executive (Calling In) meeting on 8 July 2008, in respect of the their original decisions on 30 June regarding the Racecourse item.  They had recommended that the Executive confirm those decisions.

RESOLVED: That the decisions taken at the Executive (Calling In) meeting on 8 July 2008 in respect of the York Racecourse lease be confirmed.¹

REASON:      In accordance with the recommendations of the Strategic Policy Panel.

This report provides an update on progress made following the meeting of the Staffing and Urgency Committee on the 21 May 2008, when the issue of the ‘Community Stadium’ was discussed, and seeks approval for a proposed loan to the York City Football Club.

Note:  The above report has not been made publicly available because it contains exempt information, as set out under Item 2 above.  A redacted version of the report, excluding the exempt information, was published with this agenda on Tuesday, 8 July.

RECOMMENDED:That the Council make a loan of £2.1 million to York City Football Club (YCFC), to replace the existing loan of £2.1 million made by the Football Foundation, subject to the conditions set out in paragraphs 9 and 10 of the report and including the following conditions:

a)     Further financial investigation into YCFC, Bootham Crescent Holdings and JM Packaging that clarifies the ownership structure, number and value of calls on a capital receipt from the sale of Bootham Crescent and the financial position of the parties involved, and confirms that such a loan and interest could be repaid in full from the value of Bootham Crescent.

b)     The Council loan to be subject to a charge on the Bootham Crescent ground, such charge taking precedent over all other calls on the asset.

c)      Written confirmation to be obtained that the Football Foundation guarantees that YCFC would receive a £2 million Football Stadia Improvement Fund (FSIF) grant, to be applied to the development of a new community stadium.

d)     A legal agreement to be obtained from YCFC that they will work in partnership with City of York Council (and potentially other partners) to deliver a community stadium (including agreements on the use and allocation for access to the facility by groups and the community) by contributing equity from both the FSIF grant and the sale of Bootham Crescent.

e)     The interest payable from the loan to be set at a commercial rate (currently 6.25%), reflecting the likely return the Council would achieve if invested on the money markets.

a)     The interest to be payable with the balance of the loan at the end of the period projected in June 2012.  During this period the interest would be compounded.

b)     Confirmation that the final terms of the loan meet the legal requirements set out in paragraph 19 of the report.

REASON:      To enable YCFC to pay off their loan and to progress the community stadium project, whilst ensuring that Council taxpayers money is safeguarded.

RESOLVED: That an update report on the progress towards a community stadium be brought to the Executive meeting on 9 September.

REASON:      So that the Executive can be satisfied that progress is being made with the project before the matter is considered at full Council.

Members considered a report which provided an update on progress made following the meeting of the Staffing and Urgency Committee on 21 May 2008, when the matter of the ‘Community Stadium’ was discussed, and sought approval for a proposed loan to the York City Football Club (YCFC), to enable it to repay its £2.1m loan from the Football Foundation (FF).

The objective of a new community stadium had been identified as a short term imperative in the Council’s 2007-2011 Corporate Strategy.  It would be delivered as a partnership between the Council, YCFC and York Knights Rugby League Club.  With reference to Resolution (v) of the Staffing and Urgency Committee, a report had been commissioned from Deloitte commenting on YCFC’s annual financial projections up to June 2012, outlining key issues and risks associated with the project and illustrating how other local authorities had been involved in new stadium development in the UK over the past ten years.  Deloitte’s key findings were summarised in paragraph 4. 

Members considered the following options, as outlined in the report:

Option 1 – proceed with the loan to YCFC, which would be repaid on the sale of Bootham Crescent when the new stadium was provided by 2012.  Repayment would be dependent upon the success of the stadium project.

Option 2 – service YCFC’s existing FF loan, with the advance of interest to be repaid on the sale of Bootham Crescent.  This could negatively affect future partnership working, given the expectation that the Council would take on the loan, and the Council would be unable to secure first charge on the Bootham ground.

Option 3 – do not provide a loan to YCFC.  This could jeopardise the community stadium project if it caused the club to go out of business and the Council was unable to provide the additional support required for the project.

Having noted the comments of the Shadow Executive on this item, it was

RECOMMENDED:That the Council make a loan of £2.1 million to York City Football Club (YCFC), to replace the existing loan of £2.1 million made by the Football Foundation, subject to the conditions set out in paragraphs 9 and 10 of the report and including the following conditions:¹

a)     Further financial investigation into YCFC, Bootham Crescent Holdings and JM Packaging that clarifies the ownership structure, number and value of calls on a capital receipt from the sale of Bootham Crescent and the financial position of the parties involved, and confirms that such a loan and interest could be repaid in full from the value of Bootham Crescent.

b)     The Council loan to be subject to a charge on the Bootham Crescent ground, such charge taking precedent over all other calls on the asset.

c)      Written confirmation to be obtained that the Football Foundation guarantees that YCFC would receive a £2 million Football Stadia Improvement Fund (FSIF) grant, to be applied to the development of a new community stadium.

d)     A legal agreement to be obtained from YCFC that they  ...  view the full minutes text for item 37.