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:

The following prejudicial or disclosable pecuniary interests were declared:

To approve and sign the minutes of the last Ordinary Council meeting held on 24 March 2016 and the Annual Council meeting held on 26 May 2016.

Resolved:  That the minutes of the Ordinary Council meeting held on 24 March 2016 and the Annual Council meeting held on 26 May 2016 be approved and then signed by the Chair as correct records.

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

The Lord Mayor reported receipt, by the Deputy Lord Mayor, of a silver plaque which depicted the cap badge of the Yorkshire Regiment.  This had been presented on 24 June, on the 10^th anniversary of the Regiment’s formation when they visited the city for their Freedom of Entry parade.  The gift was on display at the meeting.

The Lord Mayor reminded Members that this would be the last Full Council meeting that Sally Burns would be attending as the Council’s Director of Communities and Neighbourhoods. Members joined the Lord Mayor in expressing their thanks to Sally for her work for the authority over the last seven years and in wishing her well for the future.

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 20 July 2016.

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.

Saf Din spoke in relation to the recommendation of the Gambling, Licensing and Regulatory Committee regarding the delegation of enforcement powers relating to Hackney Carriage and Private Hire vehicles.  Mr Din drew Members’ attention to the following issues:

·        Enforcement of breaches of the regulations when cross-authority taxi journeys were taking place, particularly on race days.

·        The removal of the option for the crest on the side of vehicles to be magnetic, as it was costly to remove an adhesive sticker when vehicles were sold.

·        The Council was urged to be proactive in addressing issues, including antisocial behaviour, in respect of the St Saviourgate rank.

Dr Gareth Morgan spoke in relation to Councillor Aspden’s motion on the impact of Brexit on York and Councillor Warters’ motion on the Local Plan. He urged the Council to make representation to the Government to remain in the European area for trade.  He also stated that there should be a major initiative from those cities who voted remain, to form a pro-European lobby.  Dr Morgan also paid tribute to the late Jo Cox MP, and expressed his thanks for the work carried out by MPs and Councillors.

Hon Alderman Brian Watson spoke in relation to Bootham Crescent and the Community Stadium, a matter directly related to the city.  He questioned the Council’s commitment to having a rugby club in the city and requested that the public be made aware of the arrangements that would be in place for both the football and rugby clubs.

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:

·        Cllr Susan Hunter, on behalf of 822 local residents, calling on the Council to work to improve the condition of footpaths in the Front Street shopping area of Acomb.  

·        Cllr Nigel Ayre, on behalf of 34 local residents in the Ashley Park Road area, calling on the Council to have the lamp post outside the property of 19 Ashley Park Road moved from its current position due to safety concerns.

·         Cllr Sheena Jackson, on behalf of 80 local residents, calling on the Council to work with the landowners to find ways to improve the pavements around Foxwood shops and make the area safer and more attractive.

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

·        Cllr Hunter, on behalf of 822 local residents, calling on the Council to work to improve the condition of footpaths in the Front Street shopping area of Acomb. ^1.

·        Cllr Ayre, on behalf of 34 local residents in the Ashley Park Road area, calling on the Council to have the lamp post outside 19 Ashley Park Road moved from its current position due to safety concerns. ^2.

·        Cllr Jackson, on behalf of 80 local residents, calling on the Council to work with the landowners to find ways to improve the pavements around Foxwood shops and make the area safer and more attractive. ^3.

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:

A.   Executive Leader’s Report

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

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

·        Cllr Galvin – comparisons between the new draft Local Plan and the previous version in respect of the percentage of housing development on greenbelt land.

·        Cllr Kramm – the reduction in the number of houses in the new draft Local Plan and the shift in planned developments in York outer and York Central wards.

·        Cllr Reid – whether 800 houses a year could be delivered.

·        Cllr Doughty – the implications of the outcome of the referendum, including any concerns raised by York businesses regarding their trading position or concerns about inward investment.

·        Cllr S Barnes – the Executive Leader’s views on access to the single market and freedom of movement.

·        Cllr Gunnell – the Hate Crime Strategy.

·        Cllr Cuthbertson – concerns identified during the consultation regarding York Central.

Cllr Carr responded directly to the questions put to him but agreed to respond in more detail in writing to Councillor Kramm’s question.

B       Executive Recommendations

Delivery of Community Facilities at the Burnholme Health and Wellbeing Campus

Cllr Carr moved, and Cllr Aspden seconded the following recommendation contained in Minute 153 of the Executive meeting held on 19 May 2016:

Recommended:           That Executive recommend that the estimated £981,000 of costs for the enabling works and the access road needed to facilitate the development of the Care Home are added to the Capital Programme with the costs initially being funded from capital held for the use of the Older Persons’ Accommodation Programme and subsequently being paid back from the capital receipt received from the disposal of development land on the Site. ^1.

Reason:              To progress to delivering the Burnholme Health & Wellbeing Campus including the delivery of a Care Home as part of the Older Persons’ Accommodation Programme.

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

Resolved:   That the above recommendation in respect of the delivery of community facilities at the Burnholme Health and Wellbeing Campus be approved.

Capital Programme Outturn 2015/16 and Revisions to the 2016/17 – 2020/21 Programme

Cllr Carr moved, and Cllr Aspden seconded the following recommendation contained in Minute 16 of the Executive meeting held on 30 June 2016:

Recommended: That Council agree the restated 2016/17 to 2020/21 programme of £221.594m as summarised in Table 3 and detailed in Annex A of the report. ^1.

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 Outturn 2015/16 and revisions to the 2016/17 – 2020/21 programme be approved.

Financial Strategy Update 2016/17 to 2020/21

Cllr Carr moved, and Cllr Aspden seconded the following recommendation contained in Minute 17  ...  view the full minutes text for item 19.

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

A written report was received from the Deputy Leader, Councillor Aspden, on his portfolio area.

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

·        Cllr Levene – in respect of the “approach” taken regarding the Local Plan and the legal advice in respect of a 10-year safeguarding period and windfalls.

·        Cllr Craghill – in respect of the 2015-16 budget underspend and the impact on service delivery of unfilled staff vacancies.

·        Cllr N Barnes – the year end surplus in respect of treasury management.

·        Cllr Levene – representations from businesses following the EU referendum.

·        Cllr Cullwick – the Armed Services Covenant, Parish Charter and support for refugees.

·        Councillor N Barnes – the policy supporting the City Vision.

Councillor Aspden responded directly to all the questions put to him.

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 Douglas

Audio Visual Displays on Buses

“Council notes and is aware that:

i)        bus operators nationally are moving towards fitting all buses in their fleets with audio-visual next stop displays in order to assist passengers with hearing and sight disabilities, tourists and other users; and

ii)       Park & Ride buses in York are scheduled to have such devices fitted to all of their vehicles by February 2018 at the latest;

Council therefore calls on all bus operators providing services in York to work towards a similar timetable to provide comparable real-time audio-visual information on all of their routes.”

(ii)      From Cllr  Aspden

York and the impact of Brexit

“Council notes:

·         The result of the EU referendum

·         That 58% of those who voted in York voted for the UK to remain a member of the EU

·         That York is a tolerant and inclusive city where the contribution of all citizens (including nationals of other EU countries living here) is recognised and appreciated

·         York residents have benefited from the training, education and employment opportunities offered by EU membership

• Yorkshire is one of the biggest beneficiaries of EU regional funding, which will include before 2020:

- £345m to support small businesses and create jobs (European Regional Development Fund) 

- £286m to get unemployed people back into work (European Social Fund)

- £19.7m to support farmers and rural communities (European Agricultural Fund for Rural Development)

Council believes:

·         Many questions vital to the local interest now need answering, including the likely impact on York’s economy, the future of EU funding programmes that benefit York, and the future of the EU citizens who have made York their home

• With the Brexit proposition of 'taking control' so ill-defined, it is vital that elected members at all levels and other interested parties make clear their demands for a Brexit negotiating position that promotes and protects the interests of the people they represent.

Council resolves to write to the Government saying that:

·         The Government should ensure that York and Yorkshire receives investment at least equal to that planned to be provided by EU programmes

·         In future negotiations, the UK’s vital trading relationship with the EU should be protected as far as possible alongside environmental standards and legislation supporting workers’ rights

·         The Government should work with regional LEPs and other partners to put in place a support package to help businesses deal with the short-term economic shock and the transition to the UK’s new relationship with the EU

·         The Government should re-affirm its commitment to funding key projects in the region including York Central, HS2 and Transpennine electrification

• The rights of EU citizens currently working and living in the city should be protected.”

(iii)     From Cllr Boyce

Hate Crime

“This Council supports the recent statement from Group Leaders condemning racism and xenophobia in York, noting increases of each following the recent  ...  view the full agenda text for item 21.

Motions submitted for consideration directly by Council, in accordance with Standing Order 23.1

Councillor Douglas and Council agreed to accept Cllr N Barnes amendment to the first motion related to Audio Visual Displays on Buses.

(i)           Audio Visual Displays on Buses

(proposed by Councillor Douglas, seconded by Councillor N Barnes)

“Council notes and is aware that:

i)             Bus operators nationally are moving towards fitting all buses in their fleets with audio-visual next stop displays in order to ensure services are accessible to all users, including deaf and blind passengers or those who are visually or hearing impaired and

ii)            Park & Ride buses in York are scheduled to have such devices fitted to all of their vehicles by February 2018 at the latest;

Council therefore calls for:

i)             All bus operators providing services in York to work towards a similar timetable to provide comparable real-time audio-visual information on all of their routes. ^1.

ii)            The Chief Executive to write to all York-based train companies expressing council’s desire to see the same progress made on their managed rail services. ^2.

On being put to the vote the motion was CARRIED.

Resolved:  That the motion be approved.

(ii)          York and the impact of Brexit

(proposed by Councillor Aspden, seconded by Councillor Runciman)

“Council notes:

·         The result of the EU referendum

·         That 58% of those who voted in York voted for the UK to remain a member of the EU

·         That York is a tolerant and inclusive city where the contribution of all citizens (including nationals of other EU countries living here) is recognised and appreciated

·         York residents have benefited from the training, education and employment opportunities offered by EU membership

• Yorkshire is one of the biggest beneficiaries of EU regional funding, which will include before 2020:

- £345m to support small businesses and create jobs (European Regional Development Fund) 

- £286m to get unemployed people back into work (European Social Fund)

- £19.7m to support farmers and rural communities (European Agricultural Fund for Rural Development)

Council believes:

·         Many questions vital to the local interest now need answering, including the likely impact on York’s economy, the future of EU funding programmes that benefit York, and the future of the EU citizens who have made York their home

• With the Brexit proposition of 'taking control' so ill-defined, it is vital that elected members at all levels and other interested parties make clear their demands for a Brexit negotiating position that promotes and protects the interests of the people they represent.

Council resolves to write to the Government saying that:

·         The Government should ensure that York and Yorkshire receives investment at least equal to that planned to be provided by EU programmes

·         In future negotiations, the UK’s vital trading relationship with the EU should be protected as far as possible alongside environmental standards and legislation supporting workers’ rights

·         The Government should work with regional LEPs and other partners to put in place a support package to help businesses deal with the short-term economic shock and the  ...  view the full minutes text for item 21.

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 Carr 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 Ayre, Executive Member for Culture, Leisure and Tourism:

·        Cllr Gunnell – the future of York Knights Rugby Club

·        Cllr Crisp – CYC’s contract with York Knights Rugby Club

·        Cllr Warters – the position in respect of York Knights Rugby Club match on 24 July 2016

(ii)       To Cllr Carr, Executive Leader including Housing and Safer

Neighbourhoods:

·        Cllr Williams – the impact of the EU referendum vote on investment in York Central and any alternative plans that were in place.

·        Cllr Kramm – concerns of residents in the Holgate ward regarding the location of the bridge into the York Central site and the impact on the local playground, including consideration of alternative options for access to the site.

·        Cllr Derbyshire – sought assurance that decisions in respect of access to the York Central site would take into account social factors.

·        Cllr Warters – engagement with residents on the Local Plan

(iii)To Cllr Aspden, Deputy Leader, including Economic

     Development and Community Engagement:

·        Cllr Flinders – whether landowners were content to proceed with the strategic housing sites identified in the Local Plan.

(iv)        To Cllr Rawlings, Executive Member for Education, Children

and Young People:

·        Cllr S Barnes – the proposed relocation of the Castlegate Centre and concerns that this was not in the city centre.

·        Cllr Craghill – consultation on the proposed relocation of  the Castlegate Centre and its proposed location.

·        Cllr Lisle – the benefits of linking adult and youth services.

Members responded directly to the questions put to them.

To receive a written report from the Executive Member for Adult Social Care and Health, and to question the Executive Member thereon, in accordance with Standing Order 19.

Council received a written report from Cllr Runciman, Executive Member for Adult Social Care and Health as set out in the agenda papers at pages 41 to 46.  

Cllr Runciman moved, and Cllr Aspden seconded receipt of the report.

Resolved:  That the report of the Executive Member for Adult Social Care and Health be received and noted.

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

·        Cllr Cannon – issues in respect of the Vale of York CCG being placed in special measures and the implications in respect of partnership working and the integration of services.

Cllr Runciman responded directly to the question put to her.

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 47 to 50 of the agenda papers, on the work of the Committee since the last report to Council in March 2016.

Resolved:  That the scrutiny report be received and noted.

Cllr N Barnes, as Chair of the Audit and Governance Committee, moved the following recommendation from the Audit and Governance Committee meeting held on 10 May 2016.

76.  Matter Referred from Executive – Public Interest Report

       City of York Trading

Recommended:(i)      That the proposed amendment to Council

                                      Procedure Rule 14.7 be adopted. ^1.

                             (ii)      That paragraph 7 of the existing “Protocol

for Webcasting, Filming and Recording of Council Meetings” be revised to read “The Chief Executive will, in consultation with Group Leaders, make the final decision on editing any webcast or filmed material to be broadcast or published in connection with any Council meeting.  The reason for any decision to edit a webcast or filmed material will be published”.  ^2..

Reason:     In order to address the recommendations highlighted in the Public Interest Report.

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 10 May 2016 be approved.

Cllr N Barnes, as Chair of the Audit and Governance Committee, moved the following recommendation from the Audit and Governance Committee meeting held on 10 May 2016.

77.  Officer Scheme of Delegations

(a)   Recommended:    That the scheme of delegations, as detailed

in Annex A of the report, be adopted. ^3.

  Reason:                 To ensure that an appropriate scheme of

                                  delegation is in place.

(b)   Recommended:    Further to the recommendation of the Audit

                                  and Governance Committee, Members are                            asked to:

(i)           approve the scheme of delegations annexed to the Audit and Governance Committee minutes in so far as it relates to non-executive functions;

(ii)          agree to the substitution of the wording set out in paragraph 7, in the report, relating to planning call in arrangement for the wording which appears in paragraph 9.5 of the draft scheme of delegations attached to the Audit and Governance Committee minutes.

(iii)        ask the Monitoring Officer to make the necessary constitutional changes. ^3.

Reason:              To ensure the Council maintains and updates its

                             Scheme of Delegation appropriately.

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

Resolved:           That the above recommendations be approved.

Cllr N Barnes, as Chair of the Audit and Governance Committee, moved the following recommendation from the Audit and Governance Committee meeting held on 22 June 2016.

10.  Annual Report of the Audit and Governance Committee

Recommended:That the Annual Report of the Audit and

Governance Committee for the year ended 13 April 2016 be received.

Reason:              To enable the Committee to fulfil its role in

providing assurance about the adequacy of the Council’s internal control environment and arrangements for managing risk and for reporting on financial and other performance.

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 22 June 2016 be approved.

Councillor N Barnes, as Chair of the Audit and Governance Committee, moved the following recommendation from the Audit  ...  view the full minutes text for item 25.

Cllr Levene, as Chair of the Corporate and Scrutiny Management Policy and Scrutiny Committee, moved the following recommendation from the Corporate and Scrutiny Management Policy and Scrutiny Committee meeting held on 13 June 2016.

9.  Draft Annual Scrutiny Report 2015-16

Recommended: That the Annual Scrutiny Report for the period June 2015 to May 2016 be approved subject to paragraph 11 being amended to read “the Task Group was reformed in June 2015”. ^1.

Reason:              To ensure the Council receives an Annual

Scrutiny Report in accordance with Constitutional requirements.

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

Resolved:  That the above recommendation of the Corporate and Scrutiny Management Policy and Scrutiny Committee meeting held on 13 June 2016 be approved.

Cllr Douglas, as Chair of the Gambling, Licensing and Regulatory Committee moved the following recommendations from the Gambling, Licensing and Regulatory Committee meeting held on 11 July 2016.

5.  Hackney Carriage and Private Hire – Delegation of

     Enforcement Powers

Recommended: That the amendments to the scheme of delegation in relation to hackney carriage and private hire enforcement powers be approved. ^1.

Reason:              This will allow the Council to delegate hackney carriage and private hire enforcement powers to other licensing authorities in West Yorkshire, as well as being retained by City of York Council as licensing authority.

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

Resolved:  That the above recommendation of the Gambling, Licensing and Regulatory Committee meeting held on 11 July 2016 be approved. 

Cllr Douglas, as Chair of the Gambling, Licensing and Regulatory Committee moved the following recommendation from the Gambling, Licensing and Regulatory Committee meeting held on 11 July 2016.

6.  Statement of Licensing Policy – Review of the Saturation

     and Cumulative Impact Zone

Recommended:That the Special Policy relating to Saturation and Cumulative Impact, as detailed in the report, be approved. ^2.

Reason:              To assist with the effective implementation of the

Licensing Act 2003 in the city and contribute to the reduction of alcohol related crime and disorder in the city centre.

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

Resolved:  That the above recommendation of the Gambling, Licensing and Regulatory Committee meeting held on 11 July 2016 be approved. 

Cllr Runciman, as Chair of the Joint Standards Committee, moved the following recommendation from the Joint Standards Committee meeting held on 24 February 2016. 

22.  Review of the Code of Conduct

Recommended:That the revised Code of Conduct for City

                             Council Members be approved. ^1.

Reason:              To ensure that the City of York Council has an

                             effective and easily understood Code of Conduct.

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

Resolved:  That the above recommendation of the Joint Standards Committee meeting held on 24 February 2016 be approved.

Thanks were expressed to the contribution made by the Independent Persons in supporting the maintenance of high standards of conduct.