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 prejudicial interest was declared and the Member took no part in the discussion or voting on the item:

To approve and sign the minutes of the last Council meeting held on 16 July 2015.

Resolved:  That the minutes of the last ordinary meeting of the Council held on 16 July 2015 be approved and 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 reported that this was the first meeting of Council since the death of Alderman Reg Pulleyn, a former Alderman, Lord Mayor and City of York Councillor for the Holgate and Beckfield Wards.

Members stood for a moments silence in memory of Alderman Pulleyn.

The Lord Mayor also displayed a picture she had recently been presented by the Queens Ghurkha Signals Regiment  following the granting of the Freedom of the City to the Regiment on 8 September 2015.

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 7 October 2015.

To register to speak please contact the Democracy Officer for the meeting, on the details at the foot of the agenda.

WEBCASTING NOTICE

Please note: this meeting may be filmed for live or subsequent broadcast via the internet - at the start of the meeting the Lord Mayor will confirm if all or part of the meeting is being filmed.

You should be aware that the Council is a Data Controller under the Data Protection Act. Data collected during this webcast will be retained in accordance with the Council’s published policy.

Public seating areas will not be filmed by the Council.

Peter Richardson spoke in respect of Cllr Barnes Council Tax support scheme motion, in particular to express his concern at the Council’s current 30% minimum Council Tax payment for residents, in comparison to neighbouring authorities and to the need for a reduction in the North Yorkshire Police precept.

Richard Bridge also spoke in relation to Cllr Barnes motion, and expressed his full support for changes to the Council’s support scheme to assist those in Council Tax arrears. He supported the bringing forward consideration of changes as a matter of urgency.

John Warrington spoke as owner of the Carousel ride sited in St Sampson’s Square expressing his concern at the suggested alternative siting offered at the Eye of York over the Christmas period. He referred to the affect the resiting would have on his families livelihood and he requested Make it York to reconsider their offer.

Rebecca Jeffrey from Advice York also spoke in respect of Cllr Barnes motion as a campaigner against York’s Council Tax Support Scheme. She provided examples of the effect the payment of Council Tax was having on residents and referred to Advice York’s recommendations for changes to the scheme.

Tom Hughes spoke in support of Mr and Mrs Warrington, owners of the Carousel and their 2,300 signature petition for retention of the ride in St Sampson’s Square over the Christmas period. He requested further scrutiny of Make it York and the siting of the Carousel back in the Square.

Peter Priestly also spoke in support of Cllr Barnes motion and questioned details of the formula used to calculate benefit claimants payments. He referred to his own experiences of meeting the extra payment and, whilst acknowledging that some payment was required, requested that an examination was made of the York scheme.

Joe Riches also spoke in support of Cllr Barnes motion referring to the concern he had felt at the scheme over a number of years. He requested the Council to support a reduction in the percentage payment to support York’s most vulnerable residents.

Don Phillips spoke in relation to the Syrian refugees and York’s place as a City of Sanctuary which should support assistance to the families involved. He felt that the Council had a duty to assist and requested a more proactive co-ordinated response.

Andrea Dudding spoke as a representative of Unison, in support of Cllr D Myers motion opposing the Trade Union Bill. A Bill she claimed would remove the Unions remaining powers and she asked all Members to support the motion.

To consider any petitions received from Members in accordance with Standing Order No.15.  To date, notice has been received of two petitions to be presented by:

(i)           Cllr Hunter on behalf of local residents requesting the Council to gate the snickets between the backs of 30-38 Gale Lane,1-9 Bachelor Hill and behind 11-15 Bachelor Hill backed by the green metal fencing.

(ii)          Cllr Ayre on behalf of 49 residents in the Langdale Avenue and Rydal Avenue area regarding the state of nearby roads and calling on the Council to work with residents to improve the roads.

Under Standing Order 7, petitions were presented by the following Members for referral to the Corporate and Scrutiny Management Policy and Scrutiny Committee, in accordance with the Council’s new petition arrangements:

(i)           Cllr Hunter on behalf of local residents requesting the Council to gate the snickets between the backs of 30-38 Gale Lane,1-9 Bachelor Hill and behind 11-15 Bachelor Hill backed by the green metal fencing.^1.

(ii)          Cllr Ayre on behalf of 49 residents in the Langdale Avenue and Rydal Avenue area regarding the state of nearby roads and calling on the Council to work with residents to improve the roads. ^2.

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

A       Executive Leaders Report

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

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

·        Cllr Gunnell  – request for a more proactive stance in relation to the Syrian Refugees and highlighting inconsistencies between the Leader and Executive Members reports in relation to progress on the Community Stadium

·        Cllr Cannon – public concern regarding the Care Quality Commission’s (CQC) closure of Bootham Park Hospital and a request for support for an independent inquiry

·        Cllr S Barnes – current funding of Yearsley Pool to 2022 and the funding gap to 2028

·        Cllr Cuthbertson – request for an update on York’s devolution bid, following Sheffield’s recent successful bid

·         Cllr Kramm – in relation to the new Ward funding model

Cllr Steward responded directly to all the questions put to him.

B       Executive Recommendations

Older Persons’ Accommodation Programme: The Business Case

Cllr Steward moved, and Cllr Aspden seconded the following recommendation contained in Minute 34 of the Executive meeting held on 30 July 2015:

Recommended: That Council agree that the £1.156m Programme management costs be funded from existing Adult Social Care Capital Grant and are added to the Capital Programme and incurred over four years; these costs would be chargeable to revenue should the capital schemes fail to progress and that revenue budgets would be needed to address this.

Reason:     So that the project can progress.

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

Resolved:   That the above recommendation in respect of funding of the Accommodation Programme management costs from the existing Adult Social Care Capital Grant be approved.^1.

Capital Programme Outturn 2014/15 and Revisions to the 2015/16 – 2019/20 Programme

Cllr Steward moved, and Cllr Aspden seconded the following recommendation contained in Minute 35 of the Executive meeting held on 30 July 2015:

Recommended: That Full Council agree the restated 2014/15 to 2018/19 programme of £206.231m as summarised in Table 3 and detailed in Annex A of the report. 

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 restated capital programme be approved.^2.

Treasury Management Annual Report & Review of Prudential Indicators 2014/15

Cllr Steward moved, and Cllr Aspden seconded the following recommendation contained in Minute 36 of the Executive meeting held on 30 July 2015:

Recommended: That Full Council agree amendment to the Treasury Management Annual Investment Strategy per Annex B of the report and the Creditworthiness Policy wording to:

“Typically the minimum credit ratings criteria the Council use will be a short term rating (Fitch or equivalents) of Short Term rating F1 and Long Term rating A-. There may be occasions when the counterparty ratings from one rating agency are  ...  view the full minutes text for item 33.

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 Cllr N Barnes

Council tax support scheme

“Council notes the inclusion of a review of York’s Council Tax Support scheme on the Executive Forward Plan, due for consideration on 26^th November.

Council also notes the requirement to have any changes set by 31^st January 2016, following a 12 week statutory consultation.  Scheduling this review with only 9 weeks before the deadline for agreed changes provides insufficient time for the Executive to make changes to the current scheme.

Council believes that the impact of the current scheme has resulted in hardship to some individuals beyond that envisaged when implemented, resulting in council tax arrears in York rising year on year.

Council also believes that some York residents have been unfairly impacted by the current scheme and that more should be done to alleviate the tax burden on the most vulnerable in our city.

Council requests that the Executive:

- Brings forward the Council Tax Support Scheme review paper to the October meeting of the Executive, to include a range of options, including one to consult on changes to the current scheme;

- requests that an option for consultation is prepared with the principle of reducing the council tax burden for those eligible for council tax support in mind;

- agrees a timetable that meets the 31st January deadline, should it agree to make changes to the scheme, in advance of the 2016-17 budget setting meeting in February."

(ii)     From Cllr Steward

Business Improvement District

“Council notes that:

·        the process of creating a Business Improvement District (“BID”) is currently progressing well in York.  This is a city-wide partnership initiative led primarily by local businesses, with the council as the accountable body, designed to enable coordinated investment in the management and marketing area of a defined commercial area within the City Centre.

·        the many benefits of a BID district are that: it creates a single source of funding to be spent in the area; it provides a business plan that focuses on improving the area, addressing anti social behaviour and other problems; it improves the resilience of the city centre to changes in the retail market and it will work towards improving a city centre that increases resident well being and presents an improved business offer.

·        the BID will be funded by contributions from businesses within the defined area with a rateable value above a threshold of £12,500, and it will be supported through the ballot process and the collection of the levy by the Council, the accountable body, with £25,000 paid to us from the BID in administration costs each year.

·        smaller businesses beneath the rateable value threshold will not be required to pay the levy, but will nevertheless benefit from the additional funding and still have a voice on spending decisions made within the BID area.

·        a ballot will get underway  ...  view the full agenda text for item 34.

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

(i)        Council tax support scheme

       (moved by Cllr N Barnes and seconded by Cllr Cannon)

“Council notes the inclusion of a review of York’s Council Tax Support scheme on the Executive Forward Plan, due for consideration on 26^th November.

Council also notes the requirement to have any changes set by 31^st January 2016, following a 12 week statutory consultation.  Scheduling this review with only 9 weeks before the deadline for agreed changes provides insufficient time for the Executive to make changes to the current scheme.

Council believes that the impact of the current scheme has resulted in hardship to some individuals beyond that envisaged when implemented, resulting in council tax arrears in York rising year on year.

Council also believes that some York residents have been unfairly impacted by the current scheme and that more should be done to alleviate the tax burden on the most vulnerable in our city.

Council requests that the Executive:

- Brings forward the Council Tax Support Scheme review paper to the October meeting of the Executive, to include a range of options, including one to consult on changes to the current scheme;

- requests that an option for consultation is prepared with the principle of reducing the council tax burden for those eligible for council tax support in mind;

- agrees a timetable that meets the 31st January deadline, should it agree to make changes to the scheme, in advance of the 2016-17 budget setting meeting in February."

An amendment was proposed by Councillor Aspden who also sought Council’s consent to alter the amendment with the removal of the two references to ‘including Cllr Barnes’, which was agreed.

Cllr Aspden’s amendment to now read as follows:

In the first paragraph, after Council notes, the addition of the following additional paragraphs

“the current council tax support system was put in place by the previous Labour administration in 2013 despite the significant concerns raised by opposition councillors and residents.

Labour councillors ignored these local concerns by turning down a ‘Transitional Grant’ of nearly £250,000 from the Government and imposed a flat 30% charge on ‘working-age’ residents who previously received council tax benefit.

Research from the Joseph Rowntree Foundation found that Labour’s scheme is amongst the “worst for claimants” nationally while York Citizens' Advice Bureau has reported a 65% rise in a year in the number of people seeking help due to council tax arrears.

The previous Labour Cabinet brought forward no plans to review their scheme despite concerns being raised consistently by organisations such as Advice York.

Council believes it was right for the current Executive to bring forward a review of Labour’s scheme and Executive Members should be congratulated for doing so”.

The deletion of the second sentence in the second paragraph, beginning ‘Scheduling..’ and insert ‘Executive is asked to review the Forward Plan to ensure this gives sufficient time if any changes are needed.’

The  ...  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 then invited to question Cllr Steward and/or the 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 Member for Transport & Planning:

·        Cllr Williams – The Executive Member’s references to not requiring assistance from  outside the Council in relation to traffic issues and congestion in the city and to the hierarchy of road users

·        Cllr D’Agorne – whether residents’ views would be sought in relation to methods of alleviating congestion

·        Cllr Looker – concern at possible changes to the transport hierarchy for road users if one of the items under examination for alleviation of traffic congestion was switching off traffic lights

·        Cllr Levene – changes to the transport hierarchy

·        Cllr Reid – confirmation that the hierarchy of road users was set out in the first Local Transport Plan

·        Cllr Craghill – questioned possible future discussion with Fossgate Traders regarding pedestrianisation of Fossgate

(ii)      To Cllr Runciman, Executive Member for Adult Social Care & Health:

·        Cllr Mason –the provision of defibrillators in all public buildings

(iii)     To Cllr Brooks, Executive Member for Education, Children & Young People:

·        Cllr Gunnell – concerns regarding future space planning at Scarcroft Primary School

·        Cllr Kramm – request for Ward Member involvement into space planning issues at Scarcroft Primary School

Members responded directly to all the questions put to them.

To receive a written report from the Executive Member for Culture, Leisure and Tourism, and to question the Executive Member thereon, in accordance with Standing Order 19.

Council received a written report from Councillor Ayre, Executive Member for Culture, Leisure and Tourism, as set out in the agenda papers at pages 33 to 38.

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

·        Cllr Gunnell – assurances regarding the budgetary commitment for the Community Stadium

·        Cllr Warters –when the changes in the retail/leisure offer at the Community Stadium would be brought back to Members

·        Cllr Taylor – reputational damage to CYC/York Museums Trust regarding resident access to the Art Gallery

·        Cllr S Barnes – omission of Yearsley Pool and the Pool’s funding from the Executive Member’s report

·        Cllr Kramm – Plans to celebrate the Diamond Anniversary of York’s twinning with Münster

Cllr Ayre responded directly to all the questions put to him

Resolved:  That the report of the Executive Member for Culture, Leisure and Tourism be received and noted.

To receive a report from Councillor Levene, the Chair of the Corporate and Scrutiny Management Policy and Scrutiny Committee (CSMPSC) on the work of the Committee.

Council received the report of the Chair of the Corporate and Scrutiny Management Policy and Scrutiny Committee, at pages 39to 42 of the agenda papers, on the work of the Committee, since the last report to Council in July.

Resolved:  That the scrutiny report be received and noted.

Councillor Steward as Chair of the Staffing Matters and Urgency Committee, moved the following recommendation, from the Committee meeting on 20 July 2015, as set out at Minute 25, relating to the remuneration for the appointment of an Acting Director of Public Health.

25.       Appointment of the Acting Director of Public Health

         Recommended: That Council approve a salary package which is in excess of £100,000 for the post of Acting Director of Public Health, should it be necessary. ^1.

Reason:              To allow the appointment to an Acting Director of Public Health to be made.

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

Resolved:  That the above recommendation of the Staffing Matters and Urgency Committee meeting held on 20 July 2015 be approved.

As Chair of the Gambling, Licensing & Regulatory Committee, Cllr Douglas moved and Cllr Gillies seconded, the following recommendation contained in Minute 11of the meeting of that Committee held on 7 September 2015:

Explosives Policy

Recommend:     That Full Council approve the Explosives Policy and adopt the delegation scheme.

Reason:              To provide the Council with an explosives policy that will aid applicants, licence holders and officers and provide a delegation scheme for dealing with applications.

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

Resolved:  That the recommendation in relation to the City Of York Council’s Explosives Policy from the Gambling, Licensing and Regulatory Committee meeting held on 7 September 2015 be approved. ^1.

As Vice Chair of the Audit and Governance Committee, Councillor Dew moved, and Cllr Fenton seconded, the following recommendation, in respect of an amendment to the Council procedure rules to include provision for a report from the Deputy Leader, contained in Minute 33 of the Audit and Governance Committee meeting held on 23 September 2015:

Deputy Leader's Report to Council

Recommend:      (a)     That Council consider a proposal that:

(i)           The Council procedure rules include provision for a report from the Deputy Leader.

(ii)          The existing rules for Cabinet Members’ reports be applied to the report of the Deputy Leader.

(iii)        The Deputy Leader’s right to respond to the Leader’s report be removed from the Constitution.

(iv)        The time for questions on the Leader’s report be reduced from fifteen to ten minutes.

(b)     That Council note the comments of the

          committee on the proposals.

Reasons:   (i)      To allow Full Council to consider the

                                       introduction of a Deputy Leader’s report.

                             (ii)      To enable Council to have the benefit of the

                                       Committee’s advice when debating the

                                       proposal.

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

Resolved:  That the above recommendation of the Audit and Governance Committee meeting held on 23

September 2015 be approved. ^1.

Council is asked to;

(i)           establish a new Joint Standards Committee in place of the former Joint Committee set up 1 July 2012 and

(ii)      confirm the terms of reference for the new Joint Committee, as set out at pages

Council considered a motion which asked them to agree the establishment of a new Joint Standards Committee, in place of the former Joint Committee set up on 1 July 2012 and to confirm the terms of reference for the new Committee as set out at pages 63 to 66 of the Council papers. 

Councillor Runciman moved and Councillor Cuthbertson seconded the establishment of a new Committee and the revised terms of reference.

Resolved:   That the motion in respect of a new Joint Standards Committee with revised terms of reference be approved. ^1.

To appoint as Honorary Recorder  His Honour Judge Batty in place of His Honour Judge Ashurst with effect from the date that he takes up his appointment as Resident Judge for York and to record Council’s thanks to HHJ Ashurst for his contribution to the civic life of the City.

Council considered a request to replace His Honour Judge Ashhurst as Honorary Recorder, with effect from the date on which he would take up an appointment as Resident Judge for York.

Resolved:  That Honorary Recorder  His Honour Judge Batty be appointed in place of His Honour Judge Ashurst, with effect from the date that he takes up his appointment, as Resident Judge for York and to record Council’s thanks to HHJ Ashurst for his contribution to the civic life of the City. ^1.

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

Council considered a request for a change in membership on the Ainsty Internal Drainage Board, as set out at page 67 of the Council papers.

Resolved:           That the change to membership on the Ainsty Internal Drainage Board, as set out in the Council papers page 67, be approved. ^1.