Agenda and minutes

At this point, Members are asked to declare:

·        any personal interests not included on the Register of Interests

·        any prejudicial interests or

·        any disclosable pecuniary interests

which they may have in respect of business on this agenda.

Members were invited to declare at this point in the meeting any personal interests not included on the Register of Interests, any prejudicial interests or any disclosable pecuniary interests they might have in the business on the agenda.

The following personal interests were declared:

No prejudicial or disclosable pecuniary interests were declared.

To approve and sign the minutes of the Council meeting held on 19 July 2018.

Resolved:  That the minutes of the last meeting held on 19 July 2018 be approved and then signed by the Chair as a correct record, subject to Minute 21(Questions to the Leader or Executive Members) being amended to indicate that the supplementary question from Councillor Kramm, which is recorded as being put to the Executive Member for Housing and Safer Neighbourhoods, should have been addressed to the Executive Member of Transport and was in fact answered by the Executive Member for Transport and Planning at the meeting.

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

The Lord Mayor reported that during a visit from the Mayor of Kristiansand on 1 October as part of the York Mediale, he was presented with the gift of a book, which was available to view on the table in the meeting room.

He advised Members that a number of visitors to York from Chinese cities including Nanjing, Suzhou and Shanghai had visited the Mansion House to meet the Lord Mayor and that they had brought gifts which he would bring to the next Council meeting.

In relation to China, he advised that the city had received an invitation to the UNESCO International Heritage Cities Conference Asia Pacific at Suzhou this coming week with flights and accommodation paid for by the Chinese and, at the request of the Chief Executive, Council Leader and Deputy Leader, he would be representing the City at the conference.

At this point in the meeting, any member of the public who has registered to address the Council, or to ask a Member of the Council a question, on a matter directly relevant to the business of the Council or the City, may do so.  The deadline for registering is 5:00pm on Wednesday 24 October. To register to speak please contact the Democracy Officer for the meeting, on the details at the foot of the agenda.

Filming, Recording or Webcasting Meetings

Please note this meeting will be filmed and webcast and that includes any registered public speakers, who have given their permission. This broadcast can be viewed at http://www.york.gov.uk/webcasts.

Residents are welcome to photograph, film or record Councillors and Officers at all meetings open to the press and public. This includes the use of social media reporting, i.e. tweeting. Anyone wishing to film, record or take photos at any public meeting should contact the Democracy Officer (whose contact details are at the foot of this agenda) in advance of the meeting.

The Council’s protocol on Webcasting, Filming & Recording of Meetings ensures that these practices are carried out in a manner both respectful to the conduct of the meeting and all those present. It can be viewed at http://www.york.gov.uk/download/downloads/id/11406/protocol_for_webcasting_filming_and_recording_of_council_meetings_20160809.pdf

It was reported that five members of the public had registered to speak under the Council’s Public Participation Scheme.

Mike Palmer, a local resident and taxi driver, spoke in relation to the taxi trade in York. He raised his concerns over the continued operation of UBER within the City, which he stated was a public safety issue. He stated that York was a forerunner for keeping taxi standards high and suggested that Members treat this issue as a matter of urgency.

Steve Nelson, another local resident and taxi driver, expressed concerns with regard to UBER. He stated that for 2 years drivers in York had studied case law and in their view UBER’s continued operation in York was illegal. He gave detail on the deregulation act and what this meant for cross boundary bookings.

Honorary Alderman Brian Watson spoke in relation to the report of the Executive Leader, at item 6 on the agenda. He stated that York City Knights should have permission for a permanent wall, as the football club did, so that that their fans may contribute to the stadium. He also asked if there was any update on his comments regarding selection of the Lord Mayor, and points for Independent Members, which made at the last full Council meeting.

Richard Clark, a  local resident and retired housing professional, spoke in support of the Labour motion on affordable homes “Boosting the supply of homes people can afford” at item 8 (iii) on the agenda. He stated that York had some of the greatest  inequality of any city in the North of England, was the least affordable city in the North of England in terms of housing and had historic low levels of social housing. He warned of the consequences of this situation, such as families living in poor quality rental homes and people leaving York due to the cost of living.

Tom Franklin, a local resident, spoke in support of the Liberal Democrat motion on fracking at item 8 (ii) on the agenda. He stated that he felt the motion was about not letting central government take away democracy and local decision making from Local Authorities. He went on to highlight the impact this may have on communities, and why he felt fracking should not be considered permitted development.

To consider any petitions received from Members in accordance with Standing Order No.15.  Notice has been received of three petitions to be presented by:

Councillor D’Agorne, calling for a Respark scheme on Farrar Street.

Councillor Kramm, on green waste collection for East Mount Road.

Councillor Cuthbertson on behalf of York Liberal Democrats, on ‘Stop Fracking in York’.

Under Standing Order 15, the following petitions were presented by the following Members for reference to the Customer and Corporate Services Scrutiny Management Committee, in accordance with the Council’s petition arrangements:

·        Cllr D’Agorne, calling for a Respark scheme on Farrar Street.

·        Cllr  Kramm, on green waste collection for East Mount Road.

·        Cllr Cuthbertson on behalf of York Liberal Democrats on “Stop Fracking in York”

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

1. Executive Leader’s Report

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

Members were then invited to question the Leader on his report and questions were received from the floor from the following Members in relation to the subjects listed:

·        Cllr Crawshaw  - Would the Central Crown Post Office be protected.

Supplementary

Cllr Crawshaw - Consideration of co-location with other services, such as the Citizens Advice Bureau (CAB)

·        Cllr Kramm – Impact of Brexit on York

·        Cllr Fenton – The need to communicate York’s concerns over Brexit to Westminster

Supplementary

Cllr Fenton – The benefits of a joint letter to the Brexit Secretary

Cllr Kramm – The support being offered to EU citizens trying to gain British citizenship

·        Cllr Warters – Transfer of clubs to the Community Stadium and sale of Bootham Crescent

Cllr Gillies responded directly to all the questions put to him, including supplementary questions.

B. Executive Recommendations

The Proposed Purchase of Robinson Court and the Union Terrace Centre (formerly the Arc Light Centre)

Cllr Gillies moved and Cllr Waller seconded, the following recommendation contained in minute 35 of the Executive meeting held on 30 August 2018.

Recommended: That a capital budget of £1.924m be established, financed by prudential borrowing, to fund the two property transactions, including acquisition costs and repairs needed to the property, with the prudential borrowing funded from rental receipts on both properties.

Reasons: To facilitate these transactions, which will:

·        provide the opportunity to maintain the level of hostel provision within the city;

·        enable consistent decision making processes across the hostel  provision, with City of York Council acting as landlord / owner of each property; and

·        ensure strategic priority is maintained through allocation decisions, with No Second Night Out, Severe Weather procedure and use of shared rooms where appropriate.

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

Resolved:  That the above recommendation in respect of the proposed purchase of Robinson Court and the Union Terrace Centre be approved.¹

Capital Programme – Monitor 1 2018-19

Cllr Gillies moved, and Cllr Waller seconded, the following recommendation contained in minute 36 of the Executive meeting held on 30 August 2018.

Recommended:           That Council approve the adjustments resulting in a decrease in the 2018/19 budget of £33.329m, as detailed in the report and contained in Annex A.

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

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

Resolved:  That the above recommendation in respect of the Capital Programme – Monitor 1 2018-19 be approved.²

Establishing an Investment Budget for a Strategic Commercial Property Acquisition

Cllr Gillies moved, and Cllr Waller seconded, the following recommendation contained in minute 51 of the Executive meeting held on 27 September 2018.

Recommended:           That a capital budget of £2.52 million be established to fund the acquisition of the freehold interest in the commercial property assets in the Swinegate area  ...  view the full minutes text for item 32.

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

A written report was received from Cllr Waller, the Deputy Leader, on his portfolio area.

Members were then invited to question Cllr Waller on his report and questions were received from the floor from the following Members in relation to the subjects listed:

·        Cllr Warters – Recycling system and co-mingling

·        Supplementary

Cllr Warters - East Riding Council system for waste collection and containers offered

Cllr Kramm – Using profit from recycling to subsidise less profitable recycling schemes

·        Cllr D Myers – Affordable Housing on York Central and sustainability of the site

Supplementary

Cllr D Myers – How had the Festival of York Central influenced the York Central Partnership Scheme

Cllr Waller responded directly to all the questions put to him, including supplementaries.

To consider the following Motions on Notice under Standing Order 22:

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

(i)           From Councillor Doughty

York’s Northern Ring Road

“Council notes:

The Secretary of State for Transport’s announcement that dualling a significant portion of York’s Northern Ring Road will be one of the first schemes under the Government’s new Major Road Network programme;

Discussions are underway between stakeholders and Highways England regarding the dualling of the A64 from the Hopgrove roundabout to Barton Hill, a development of interest to all of York but particularly to residents on the east side of the city who bear the greatest brunt of tailbacks and delays;

That discussions regarding the A64 upgrade require sustained local support from the public and private sectors to put the project on the Highways England priority list and both schemes together represent an opportunity to promote projects which are best developed to complement each other for the maximum benefit to local residents and businesses.

Council therefore resolves:

To ask officers to engage with the business community and York’s LEPs to encourage active, supportive representations in favour of the A64 scheme and to work with neighbouring local authorities along the A64 corridor to organise business support throughout the area;

To ask the Chief Executive to write to both York MPs to ask for their public support of the Northern Ring Road and A64 upgrades and to seek support from other MPs with constituencies impacted by the proposed improvements.”

(ii)          From Councillor Cuthbertson

Fracking

“Council believes that climate change poses a real threat to the future and environment of York and more widely, the UK.

Council notes:

·        That fracking (hydraulic fracturing for shale gas), contributes  to the threat of climate change;

·        The recent  IPCC report into climate change;

·        That over a thousand residents have added their names to ‘Ban Fracking Now’ petition;

·        That the Public Attitudes Tracker Survey showed that only 19% of the British public support fracking, while 81% support renewable energy;

·        If widespread fracking is allowed to take place across York and North Yorkshire, it will mean the irreversible industrialisation of our rural areas; areas which currently provide sustainable jobs in key local industries such as tourism and agriculture;

·        That Conservative Government policy to allow fracking as ‘permitted development’ will bypass local decision making and accelerate fracking in our region;

·        That if the 500m buffer/zone policy is achieved in the North Yorkshire Minerals & Waste plan through inspection, this will help to protect residents and the local environment from fracking development, should Government persist.

The UK has a vast potential for clean energy. Investment in renewable energy, public transport and energy efficiency will create far more jobs than fracking, deliver energy security, boost York’s local economy and allow us to play our part in avoiding dangerous climate change.

Therefore, Council resolves:

·        That Council lobby against the Conservative Government’s fracking proposals.

·        That  Council contact the Secretary of State for BEIS, Julian Sturdy MP and Rachael Maskell  ...  view the full agenda text for item 34.

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

(i)      York’s Northern Ring Road

(Proposed by Cllr Doughty, seconded by Cllr Dew)

In moving his motion, Cllr Doughty indicated that he was minded to accept the amendment to be proposed by Cllr Fenton, which was as follows:

To inserta third paragraph under ‘Council therefore resolves’:

‘To ask officers to identify opportunities for future sustainable transport initiatives which could complement works to dual the ring road, recognising the balance between future expansion of road space and the ambition to make York an exemplar sustainable city.’

Upon being formally asked, Council then agreed to accept the motion as altered above for debate so that it now read.

“Council notes:

The Secretary of State for Transport’s announcement that dualling a significant portion of York’s Northern Ring Road will be one of the first schemes under the Government’s new Major Road Network programme;

Discussions are underway between stakeholders and Highways England regarding the dualling of the A64 from the Hopgrove roundabout to Barton Hill, a development of interest to all of York but particularly to residents on the east side of the city who bear the greatest brunt of tailbacks and delays;

That discussions regarding the A64 upgrade require sustained local support from the public and private sectors to put the project on the Highways England priority list and both schemes together represent an opportunity to promote projects which are best developed to complement each other for the maximum benefit to local residents and businesses.

Council therefore resolves:

To ask officers to engage with the business community and York’s LEPs to encourage active, supportive representations in favour of the A64 scheme and to work with neighbouring local authorities along the A64 corridor to organise business support throughout the area;

To ask the Chief Executive to write to both York MPs to ask for their public support of the Northern Ring Road and A64 upgrades and to seek support from other MPs with constituencies impacted by the proposed improvements.

To ask officers to identify opportunities for future sustainable

transport initiatives which could complement works to dual the ring

road, recognising the balance between future expansion of road

space and the ambition to make York an exemplar sustainable

city.”

Cllr Williams then moved, and Cllr Crawshaw seconded, an amendment to the motion (as now altered by Cllr Fenton’s original amendment), as follows:

·        Insert two further paragraphs after ‘Council notes:’

‘The problems besetting the Government’s road building

programme which is almost £3bn over budget, with major

slippage to planned schemes;

The need to consider not only new road capacity but also

public transport improvements and the urgent need to deliver

modal shift, a key objective of the city’s third Local Transport

Plan, by giving people alternatives when travelling across the

city;’

·        Insert a final paragraph after ‘Council therefore resolves:

‘To request that officers consider how dualling might ease

congestion throughout the city, provide an opportunity for a

transhipment  ...  view the full minutes text for item 34.

To question the Leader and/or Executive Members in respect of any matter within their portfolio responsibility, in accordance with Standing Order 20.

In accordance with Standing Order 20, Members were invited to question the Leader and/or the other Executive Members in respect of any matters within their portfolio responsibility.

Questions were received from the floor from the following Members in relation to the subjects listed:

(i)      To Cllr Gillies, Executive Leader:

·        Cllr Carr – Office for National Statistics revised forecast figures for household growth and the impact on housing numbers contained in the Draft Local Plan

Supplementary

Cllr Carr – Accuracy of figures within the Draft Local Plan

Cllr Warters – Requesting a suspension of the Local Plan examination process to re draw based on the new ONS figures, in order to protect the Green Belt

(ii)      To Cllr Douglas, Executive Member for Housing and Safer Neighbourhoods:

·        Cllr Williams – Implications of the removal of the debt cap for York’s Housing Revenue Account and levels of social housing

Supplementary

Cllr Williams – The Executive Member’s plans to promote affordable house building in the City

Cllr Myers – The Executive Member’s plan to take advantage of the removal of the debt cap on HRAs

Cllr S Barnes – Why had the Executive Member not been briefed on changes to the HRA and business plan

(iii)     To Cllr Gillies, Executive Member for Finance and Performance

·        Cllr N Barnes – Would there be a commitment to allowing opposition involvement in the budget process and adequate time to consult or develop an alternative budget

Supplementary

Cllr N Barnes – Should the budget process be opened up much earlier in the process

(iv)    To Cllr Waller, Executive Member for Environment

·        Cllr D’Agorne – Would there be an anti idling strategy and related signage before 2020 when the Clean Air Zone (CAZ) should be in place

Supplementary

Cllr D’Agorne – Why had the implementation of signs been delayed

The Executive Leader, Finance and Performance and the Executive Member for Environment responded directly to all the questions, including supplementary questions put to them. The Executive Member for Housing and Safer Neighbourhoods agreed to respond to the questions which were put to her in writing.

At this point in the meeting, the guillotine fell and remaining matters were deemed moved and seconded as required under the constitution.

To receive a written report from the Executive Member for Education, Children & Young People and to question the Executive Member thereon, in accordance with Standing Order 19.

Council received a written report from Cllr Keith Myers, Executive Member for Education, Children and Young People.

As the guillotine had already fallen, no questions were put to the Executive Member on his report in accordance with Standing Order 19 and it was:

Resolved:  That the report of the Executive Member for Education, Children and Young People be received and noted.

To receive a report from Councillor Williams, the Chair of the Customer & Corporate Services Scrutiny Management Committee (CSMC) on the work of scrutiny.

Council received the report of the Chair of the Customer and Corporate Services Scrutiny Management Committee on the work of the Committee.

As the guillotine had already fallen, this was deemed moved and seconded as required under the Constitution and it was:

Resolved:  That the report of the Customer and Corporate Services Scrutiny Management Committee be noted. 

Reason:     To update Members on the work of the committee.

Council received the following recommendation from the Gambling, Licensing and Regulatory Committee meeting held on 17 September 2018.

13. Council's Constitution - Licensing Appeals

Recommended:           That, in accordance with Option 1, the Committee recommend to Full Council that the Council’s Constitution is changed and a new ‘single appeal’ procedure for dealing with licensing appeals is approved. In line with the requirements of relevant legislation licence applicants and licence will be able to appeal a decision made by Officers to refuse/suspend/revoke to the Magistrates Court, thereby no longer providing an internal appeals process.

Reason:              In order to support the Council’s plan of a being more responsive and flexible council that puts residents first and meets its statutory obligations.

As the guillotine had already fallen, this was deemed moved and seconded as required under the Constitution and it was:

Resolved:  That the above recommendation of the Gambling, Licensing and Regulatory Committee meeting held on 17 September 2018 in relation to the Council’s Constitution with regard to licensing appeals be approved. 

To consider the appointments and changes to membership of committees and outside bodies set out on the list attached to this summons.

Members received a report in relation to a review of proportionality arrangements and its appointments to committees following the resignation of two members of the Labour Group and the formation of a new group of two, the “Independent Socialists York”.

As the guillotine had already fallen, this was deemed moved and seconded as required under the Constitution.

Resolved:  (i)      That the revised allocation of seats as set out in Annex A        to the report be agreed; and

(ii)      that the appropriate revised appointments to Committees as set out in Annex B to the report, and on the additional papers (circulated at council and appended to the published agenda as an agenda supplement) be approved.

Reason:     To fulfil the Council’s statutory and constitutional requirements.