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 interests were declared and the Members took no part in the discussion or voting on these items:

The following personal interests were declared:

To approve and sign the minutes of the following meetings of Council:

·        Special Council meeting held on 11 December 2014

·        Ordinary Council meeting held on 11 December 2014 and

·        Budget Council meeting, held on 26 February 2015

Resolved:  That the minutes of the Special Council meeting and the Ordinary meeting held on 11 December 2014 and the Budget Council meeting held on 26 February 2015 be approved and signed by the Chair as correct records.

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

The Lord Mayor reminded Members of the commemorative event, he had attended on behalf of the city, prior to the meeting, at York Minster to commemorate the reburial of Richard III in Leicester.

The Lord Mayor also announced receipt of the gift of an embroidered Mandala panel, an artwork produced by young carers to record, share and celebrate the cultural heritage of York’s multicultural society. This had been presented to him following the Yorkshire Fair Trade Schools Conference held at St John’s University on 12 March and would be put on display in a civic building.

Finally the Lord Mayor wished all Members good luck if they were standing for re-election on 7 May. He also conveyed his best wishes to all those Member that were not standing for re-election for their work and service to the Council and the cities residents during their term of office.

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 25 March 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.

The Lord Mayor announced that there had been no registrations to speak at the meeting under the Council’s Public Participation Scheme.

To consider any petitions received from Members in accordance with Standing Order No.7.  To date, notice has been received of four petitions to be presented by:

(i)      Cllr McIlveen, on behalf of local residents, calling upon the Council to use those powers that they have to reduce anti-social behaviour taking place on privately owned land forming part of Clifton Moor Retail Park in liaison with the Owners and occupies of the Retail Park and North Yorkshire Police.

(ii)      Councillor Waller, on behalf of local residents, calling upon the Council to bring back proposals for the Lowfields Care Village, acknowledging the need for provision of services for an aging population in the city and the restricted road network to access the site.

(iii)     Councillor Waller, on behalf of local residents, requesting that  a pedestrian crossing is established at the crossing point on Askham Lane to Westfield School in order to assist with the safe crossing by residents, especially school children, on this busy road.

(iv)    Councillor Aspden, on behalf of local residents, calling upon the Council to adopt Nevinson Grove, Stirling Grove and Wilsthorpe Grove in order to allow the roads and footways to be included in future resurfacing plans.

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

i)        Cllr McIlveen, on behalf of local residents, calling upon the Council to use those powers that they had to reduce anti-social behaviour taking place on privately owned land forming part of Clifton Moor Retail Park, in liaison with the owners and occupiers of the Retail Park and North Yorkshire Police. ^1.

(ii)      Councillor Waller, on behalf of local residents, calling upon the Council to bring back proposals for the Lowfields Care Village, acknowledging the need for provision of services for an aging population in the city and the restricted road network to access the site. ^2.

(iii)     Councillor Waller, on behalf of local residents, requesting that a pedestrian crossing is established at the crossing point on Askham Lane to Westfield School in order to assist with the safe crossing by residents, especially school children, on this busy road. ^3.

(iv)    Councillor Aspden, on behalf of local residents, calling upon the Council to adopt Nevinson Grove, Stirling Grove and Wilsthorpe Grove in order to allow the roads and footways to be included in future resurfacing plans. ^4.

^.

To receive and consider a written report from the Leader on the work of the Cabinet (to follow), and the Cabinet recommendations for approval, as set out below:

A written report was received from the Cabinet Leader, Cllr Daf Williams, on the work of the Cabinet.

A       Questions

Notice had been received of twenty two questions on the written report, submitted by Members in accordance with Standing Orders. The first seven questions were put and answered as follows and Cllr Williams undertook to provide Members with written answers to the remaining questions:

(i)        From Cllr Steward

“Do you accept that the reason the Conservative Group initiated the Local Government Association’s review of City of York Council’s political culture was not because there was an objection to the ‘Strong Leader’ model of cabinet government, but included because the Labour administration and in particular certain members of the Labour cabinet operated in a deliberately opaque and punitively aggressive manner towards opposition councillors and officers when they did not agree with the administration’s policies?”

The Leader replied:

“I believe Cllr Steward to be an honourable man so if he says those were the motivations for the Conservative Group I entirely accept him at his word. However, that does not mean that I agree with the Conservatives perception about the conduct of the Labour Cabinet, which is a picture I do not recognise at all.”

(ii)    From Cllr Waller

“Regarding enforcement, residents have asked for information on the locations checked by the camera car such as schools. Why is the Council unable to provide this information?”

The Leader replied:

“Councillor Waller needs to do his research a little better. The Council is able and has provided the information which it took me all of three minutes to find on the Council’s website when researching the answer to this question. For schools which Cllr Waller specifically mentions, the information can be found at:

http://www.york.gov.uk/directory/5/primary_schools”

(iii)   From Cllr Warters

“The Leader refers to a new residential care home in the community hub in Burnholme, I will ask the same question I have asked numerous times at Cabinet without a satisfactory answer. Will the Leader rule out any development on the sports pitches and green field elements of the Burnholme school site and if not why not?”

The Leader replied:

“Cllr Warters certainly should win the Lord Mayor’s Special Star Prize for persistence. Whether he would win the prize for effectiveness is rather more debatable.

I can only repeat what I have said before. There are no plans to build on the playing fields at the Burnholme site and whatever happens there the total provision for playing field space will remain at least as much, if not more. It is possible that this could be reconfigured to allow the space to work better, but the total playing field space on that site will not be reduced.”

(iv)   From Cllr Barton

“Can the Leader explain why, given his proclaimed desire to “protect the Greenbelt”, every time a Travellers Site is proposed (and subsequently abandoned in the face of public opposition) in York South, it always seems to be on a Greenbelt site?”

The Leader  ...  view the full minutes text for item 80.

As Chair of the Audit and Governance Committee, Councillor Ayre firstly moved, and Cllr Brooks seconded, the following recommendation, in respect of proposed changes to the Council’s Contract Procedure Rules contained in Minute 74 of the Audit and Governance Committee meeting held on 11 February 2015:

Recommend: [That Council agree]       

That the Contract Procedure Rules, as set out in the annex to the report, be adopted and included within the Council’s Constitution.

Reason:              So that the Council has controls in place to ensure that procurement activity is effective and lawful.

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

Resolved:  That the above recommendation of the Audit and Governance Committee meeting held on 11 February 2015 be approved. ^1.

Secondly, Councillor Ayre, moved and Cllr Brooks seconded, the following recommendations, in respect constitutional changes required in relation to the accessing of information rules contained in Minute 75 also from the meeting held on 11 February 2015:

Recommend: [That Council agree]       

(i)      That the rules in the annex to the report

                                      be included in the Constitution. ^2.

                             (ii)      That the Monitoring Officer make

                                      consequential changes to the

                                      Constitution. ^3.

(iii)     That the Monitoring Officer bring a report to a future meeting of the Audit and Governance Committee in relation to guidance to officers on recording decisions. ^4.

Reasons:            (i)      To ensure that the Council has effective

                                      and accessible rules in place.

                             (ii)      To ensure that the Constitution is kept

                                      up to date.

(iii)     To allow Members to comment on the guidance.

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

Resolved:  That the above recommendations of the Audit and Governance Committee meeting held on 11 February 2015 be approved.

As Chair of the Gambling, Licensing & Regulatory Committee, Cllr Aspden moved and Cllr Runciman seconded, the following recommendations contained in Minute 7of the meeting of that Committee held on 23 February 2015:

City Of York Council Community Governance Review

Recommended:  (b)    That Council approves the following two items and instruct Officers to complete the necessary formalities:

·        An increase in the number of  Parish Councillors for the Parish of Earswick from five to seven.

·        The alteration of the cycle of elections for the Parish of Strensall with Towthorpe to be the same as all other parish councils, commencing with next full elections on Thursday 7 May 2015.

                  (c)      That Council confirm that no other changes to community governance arrangements are to be pursued at this time.

Reason:    To allow better local representation for the electors of the parishes.

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

Resolved:  That the recommendations in relation to the City Of York Council Community Governance Review

from the Gambling, Licensing and Regulatory Committee meeting held on 23 February 2015 be approved. ^1.

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

Council received the report of the Chair of the Corporate and Scrutiny Management Committee at pages 105 to 109, on the work of the Committee.

Councillor Galvin then expressed his thanks to the Scrutiny Officers and all Members involved in scrutiny reviews over the past year for their work and then moved receipt of the report and it was

Resolved:   That the scrutiny report be received and noted.

To receive a written report from the Cabinet Member for Education, Children and Young People and to question the Cabinet Member thereon, provided any such questions are registered in accordance with the timescales and procedures set out in Standing Order 8.2.1.

Council received a written report from Councillor Looker, Cabinet Member for Education, Children and Young People.

Notice had been received of fourteen questions on the written report, submitted by Members in accordance with Standing Orders. The first four questions were put and answered as follows and Cllr Looker undertook to provide Members with a written answer to the remaining questions.

 (i)    From Cllr Aspden

“Can the Cabinet Member explain why nationally the performance gap between disadvantaged pupils and their peers at Key Stage 4 is narrowing, but in York it is widening?”

The Cabinet Member replied:

 “Nationally the gap between disadvantaged pupils and their peers has remained static over the last three years with the gap remaining at 26% nationally. In York between 2012 and 2013 we were narrowing the gap at a faster rate than national.

In 2014 the gap has widened largely due to contextual issues related to the disadvantaged Year 11 cohort in 2014. This particular cohort  had with many pupils experiencing multiple challenging characteristics – among other factors, three-quarters of them had low prior attainment at the end of Key Stage 2. Thus, in context their outcomes were about in line with reasonable expectation.

Due to the small size of the disadvantaged cohort (288 pupils in the 2014 Y11) the City’s data can see wide fluctuations based on the contextual mix within the cohort. In any year group a higher proportion of disadvantaged pupils in York have special educational needs than is the case nationally and this impacts on the attainment performance indicator, 5A*-C including English and mathematics.

In 2014 the percentage of the disadvantaged cohort achieving 5A*-G was 2 percentage points higher than the national average (York 88%, National 86%) and the gap was the same as the national gap at 9%.”

(ii)    From Cllr Brooks

“Does the Cabinet Member agree that little or no progress was made under the previous two administrations to narrow the gap between disadvantaged pupils and their peers?”

The Cabinet Member replied:

 “York has historically had wide gaps – these predate the current administration.”

(iii)     From Cllr Runciman

“The Cabinet Member states that there has been some ‘progress in narrowing the gap’ between disadvantaged pupils and others and mentions new initiatives to achieve further progress. Will she describe those new initiatives and say how and when she feels the gap will narrow further?”

The Cabinet Member replied:

 “Initiatives in Early Years to develop speech and language and early literacy eg the FRED initiative (Fathers Reading Every Day) have resulted in the gap narrowing by 8 percentage points in 2014.

The refocusing of the work of the Children’s Centres to focus on improving the engagement with the most disadvantaged families is a key strand within the Childrens Centre transformation.

Detailed analysis of the disadvantaged cohort in the current Year 6 to provide schools with intelligence about the potential barriers to learning experienced by the York 300 cohort. Our schools are working hard  ...  view the full minutes text for item 84.

To consider a report seeking approval to the Pay Policy Statement for 2015/16 relating to the pay of the Council’s senior staff, to fulfil the requirements of Sections 38 – 43 of the Localism Act 2011.

Councillor Williams, as Cabinet Leader and Cabinet Member for Finance and Performance, presented a written report detailing the Council’s Pay Policy Statement for 2015/16 relating to the pay of the Council’s senior staff and any Chief Officer pay increases for local consideration,to fulfil the requirements of Sections 38-43 of the Localism Act 2011. 

Councillor Williams then moved a motion to approve the Pay Policy Statement, which was seconded by Councillor Simpson-Laing.

Resolved:   That the motion in respect of the Pay Policy Statement for 2015/16 be approved.

Reason:      In order to fulfil the requirements of Section 38 – 43 of the Localism Act 2011 for the council to produce and publish an annual policy statement that covers a number of matters concerning the pay of the council’s senior staff, principally Chief Officers and relationships with the pay of the rest of the workforce.

Minutes of the following meetings of outside bodies, received since the last meeting of Council, have been made available for Members to view via the Council’s website at

http://democracy.york.gov.uk/ecCatDisplay.aspx?sch=doc&cat=12959&path=0

Copies may also be obtained by contacting Democracy Support Group at West Offices, Station Rise, York (tel. 01904 551088)

·        Local Government North Yorkshire & York – Employers Committee - 20 November 2014

·        North Yorkshire Fire and Rescue Authority – 10 December 2014

·        Pension Fund Sub-Committee – 21 November 2014

·        North Yorkshire Police & Crime Panel – 15 January 2015

·        Quality Bus Partnership – 15 December 2014

·        York NHS Foundation Trust – 10th December 2014

Members are invited to put any questions to the Council’s representatives on the above bodies, in accordance with Standing Order 10(b).

Minutes of the following meetings had been made available for Members to view on the Council’s website:

·        Local Government North Yorkshire & York – Employers Committee - 20 November 2014

·        North Yorkshire Fire and Rescue Authority – 10 December 2014

·        Pension Fund Sub-Committee – 21 November 2014

·        North Yorkshire Police & Crime Panel – 15 January 2015

·        Quality Bus Partnership – 15 December 2014

·        York NHS Foundation Trust – 10th December 2014

No questions had been submitted to representatives on outside bodies.

Councillor King moved and Councillor Scott seconded a motion to suspend Standing Orders in order to allow five Notices of Motion to be considered at the meeting.

Resolved: That Standing Order 12.2 not be suspended in order to allow five Notices of Motion to be considered at the meeting.

To consider the following Notices of Motion under Standing Order 12:

A – Motions referred from the Cabinet in accordance with Standing Order 12.1(a)

None

B – Motions submitted for consideration directly by Council, in accordance with Standing Order 12.1(b)

(i)      From Cllr Merrett:

Housing

“Council recognises the depth of the housing and affordability crisis facing the younger generation in York and the country, with home ownership amongst the 25-34 year olds falling from 59% in 2004 to 36% in 2014. Council notes the even bleaker position in York with house prices 8.5 times average earnings.

Council also recognises that private sector renting correspondingly has more than doubled from 21% to 48%, and that private sector average rent levels rose from £153 per week to £176.40 in 2014, at a time when incomes have been significantly squeezed in real terms, particularly for younger workers. York now has the most expensive private rents - by a significant margin – for one, two & three bedroom properties in the region and north of England.

Council notes that many younger families and individuals are paying disproportionate amounts of their incomes on rents. Those on middling incomes cannot now realistically save for deposits for home ownership whilst those on lower pay face a lifetime paying out increasing rents, with one in five renters now dependent on housing benefit, with the bill to taxpayers twice what it was five years ago – a completely unsustainable trend. Lower rent council housing is under double pressure from loss of stock through Right to Buy sales (with only one in ten being replaced nationally) and increased demand.

Council therefore notes the various National party commitments to much higher levels of house building:

Lib Dems 250-300k per annum

Labour 220k per annum

Conservatives 200k starter purchase homes (albeit in place of Section 106 requirements)

Greens 500k social need housing by 2020

These figures reinforce the need for early adoption of a local plan in York providing good levels of new and affordable housing for the city, and Council welcomes the major increase in housing permissions, including affordable housing requirements, that the Council has given in the last two years.

Council also agrees to support the cross party LGA proposals in their “Investing for our Nation’s Future – First 100 days of the next Government” report and agrees to the Chief Executive writing to the national parties in support of this, and also to the Secretary of State to make an immediate request for an exemption for York from the Right to Buy provision given the exceptionally difficult York housing picture.”

(ii)             From Cllr Healey

Draft Local Plan

“Council notes that since York became a unitary authority that it has  failed to secure a Local Plan and that it is now vital that a Local Plan which includes the wishes of residents is put in place;

Council believes that to date the proposed plan has favoured excessive housing growth based on a reliance on presumed high employment growth  ...  view the full agenda text for item 88.

A     Motions submitted for consideration directly by Council, in accordance with Standing Order 12.1(b)

(i)           Housing Affordability

(proposed by Cllr Merrett, seconded by Cllr Riches)

“Council recognises the depth of the housing and affordability crisis facing the younger generation in York and the country, with home ownership amongst the 25-34 year olds falling from 59% in 2004 to 36% in 2014. Council notes the even bleaker position in York with house prices 8.5 times average earnings.

Council also recognises that private sector renting correspondingly has more than doubled from 21% to 48%, and that private sector average rent levels rose from £153 per week to £176.40 in 2014, at a time when incomes have been significantly squeezed in real terms, particularly for younger workers. York now has the most expensive private rents - by a significant margin – for one, two & three bedroom properties in the region and north of England.

Council notes that many younger families and individuals are paying disproportionate amounts of their incomes on rents. Those on middling incomes cannot now realistically save for deposits for home ownership whilst those on lower pay face a lifetime paying out increasing rents, with one in five renters now dependent on housing benefit, with the bill to taxpayers twice what it was five years ago – a completely unsustainable trend. Lower rent council housing is under double pressure from loss of stock through Right to Buy sales (with only one in ten being replaced nationally) and increased demand.

Council therefore notes the various National party commitments to much higher levels of house building:

Lib Dems 250-300k per annum

Labour 220k per annum

Conservatives 200k starter purchase homes (albeit in place of Section 106 requirements)

Greens 500k social need housing by 2020

These figures reinforce the need for early adoption of a local plan in York providing good levels of new and affordable housing for the city, and Council welcomes the major increase in housing permissions, including affordable housing requirements, that the Council has given in the last two years.

Council also agrees to support the cross party LGA proposals in their “Investing for our Nation’s Future – First 100 days of the next Government” report and agrees to the Chief Executive writing to the national parties in support of this, and also to the Secretary of State to make an immediate request for an exemption for York from the Right to Buy provision given the exceptionally difficult York housing picture.”

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

Resolved:  That the above motion be approved. ^1.

(ii)         Draft Local Plan

(proposed by Cllr Healey, seconded by Cllr Steward)

“Council notes that since York became a unitary authority that it has  failed to secure a Local Plan and that it is now vital that a Local Plan which includes the wishes of residents is put in place;

Council believes that to date the proposed plan has favoured excessive housing growth based on a  ...  view the full minutes text for item 88.

To deal with the following questions to the Cabinet Leader and / or other Cabinet Members, in accordance with Standing Order 11.3(a):

(i)      To the Cabinet Leader (including Finance & Performance) from Cllr Steward:

“Does the council leader see York’s Combined Authority future as sitting in the West Yorkshire Combined Authority or does he think a different authority should be considered, whether entirely different or one including West Yorkshire plus other council areas, and, if he is prepared to consider other options what discussions has he had and what does he propose to have with North Yorkshire and East Yorkshire Councils?”

(ii)      To the Cabinet Leader (including Finance & Performance) from Cllr Aspden:

“Does the Cabinet Leader believe that with the publication of the latest household projections (Department for Communities and Local Government 27^th February) the annual housing targets in York’s Local Plan should be revised down from the 926 figure agreed in December?”

(iii)     To the Cabinet Leader (including Finance & Performance) from Cllr Doughty:

“As the Cabinet Leader also has the main Finance portfolio responsibility within the Council, can he please tell Council when he first became aware that his own groups much-touted and failed Care Home programme was unaffordable?”

(iv)    To the Cabinet Leader (including Finance & Performance) from Cllr Ayre:

“Could the Cabinet Leader detail the results of the 2015/16 public budget consultation process?”

(v)     To the Cabinet Leader (including Finance & Performance) from Cllr Steward:

“Would a future Labour administration always try and take government council tax grant freezes if they are baselined?”

(vi)    To the Cabinet Leader (including Finance & Performance) from Cllr Galvin:

“What are the current arrangements for the management and operation of the use of the Guildhall Complex, including staffing and security?”

(vii)    To the Cabinet Leader (including Finance & Performance) from Cllr Galvin:

“Are there any other alternative short or medium term proposals for the management and useage of the Guildhall complex, including staffing and security, which the Council ought to be aware of?”

(viii)   To the Cabinet Leader (including Finance & Performance) from Cllr Doughty:

“How will the Cabinet Leader ensure there is a full and open review into Labour's Care Home debacle?”

(ix)    To the Cabinet Leader (including Finance & Performance) from Cllr Steward:

“Will the leader use the last Full Council of this term to offer the first ever Labour apology for the Lendal Bridge debacle?”

(x)     To the Deputy Cabinet Leader from Cllr Doughty

“Does the Cabinet Member find it a worrying indictment on this Labour Council administration that in testament to the failure of engagement, the Freedom of Information process is now becoming commonplace as the only realistic means of route to elected Members as well as citizens of the city in obtaining some answers at least to questions that are vitally important  to the running of the city? I would appreciate a yes or no”

(xi)    To Cabinet Member for Leisure, Culture & Tourism from Cllr Barton:

“How much to date has been spent on Consultants Fees,  ...  view the full agenda text for item 89.

Thirty three questions to the Leader and Cabinet Members had been received under Standing Order 11.3(a).  The guillotine having fallen at this point, Members agreed to receive written answers to their questions, as set out below:

(i)      To the Cabinet Leader (including Finance & Performance) from Cllr Steward:

“Does the council leader see York’s Combined Authority future as sitting in the West Yorkshire Combined Authority or does he think a different authority should be considered, whether entirely different or one including West Yorkshire plus other council areas, and, if he is prepared to consider other options what discussions has he had and what does he propose to have with North Yorkshire and East Yorkshire Councils?”

“I have had private conversations with the Leaders of both North Yorkshire and East Yorkshire about these matters.

My view is that I would prefer a greater Combined Authority taking in all of West Yorkshire, North Yorkshire and East Yorkshire including Hull. How practical or desired by other this I do not yet know. However I believe a body on that scale is the best way to drive forward economic growth in our region.”

(ii)      To the Cabinet Leader (including Finance & Performance) from Cllr Aspden:

“Does the Cabinet Leader believe that with the publication of the latest household projections (Department for Communities and Local Government 27^th February) the annual housing targets in York’s Local Plan should be revised down from the 926 figure agreed in December?”

“Yes.”

(iii)     To the Cabinet Leader (including Finance & Performance) from Cllr Doughty:

“As the Cabinet Leader also has the main Finance portfolio responsibility within the Council, can he please tell Council when he first became aware that his own groups much-touted and failed Care Home programme was unaffordable?”

“I have been aware throughout the whole process – as indeed all councillors should have been, since it was made explicit in the report presented to cabinet on 4^th June 2013 – that there were risks associated with this project and that there was a chance the bidders might not be able to come back with a proposal that met all the criteria we had set out within the funding available.

It became conclusive that the council could not proceed with the procurement process when officers brought a report to cabinet in March, which clearly set out the affordability gap (of £1.5 million year on year) between the funding that was allocated to the project and the best offer on the table from any of the potential bidders.”

(iv)    To the Cabinet Leader (including Finance & Performance) from Cllr Ayre:

“Could the Cabinet Leader detail the results of the 2015/16 public budget consultation process?”

“Please see Annex 8 of Financial Strategy, February Budget Cabinet.”

(v)     To the Cabinet Leader (including Finance & Performance) from Cllr Steward:

“Would a future Labour administration always try and take government council tax grant freezes if they are baselined?”

“That rather depends on how much more of our budget a Government  ...  view the full minutes text for item 89.