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 and the Members withdrew from the meeting and took no part in the discussion or voting thereon:

To approve and sign the minutes of the last Council meeting held on 20 October 2016.

Resolved:  That the minutes of the last Ordinary Council meeting held on 20 October 2016 be approved and signed by the Chair as correct record.

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

The Lord Mayor reported on his visit to Nanjing, China, for the World Historical and Cultural Cities Expo and Mayors Forum, and the signing of a Memorandum of Understanding with the Mayor of Nanjing to formalise a 'Sister Cities' relationship. Also whilst there he had spoken at conferences in Nanjing, Changsha and Suzhou. 

He also confirmed receipt of the civic gift of a plate from a delegation from Tongzhou Bay, which was displayed at the meeting.

The Lord Mayor also announced the retirement of George Edwards, Civic Officer at the Guildhall, for the last 26 years and all Members joined him in wishing Mr Edwards a long and happy retirement.

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 14 December 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.

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

Peter Richardson spoke as a local resident to raise his concerns regarding government plans which would allow local authorities to raise Council Tax by an extra 6% over the next two years to pay for social care. He also referred to the existing precept raised from the North Yorkshire Fire and Rescue Authority and suggested the refurbishment of Bootham Park Hospital to assist with hospital discharges.

Honorary Alderman Brian Watson spoke regarding delays to the Community Stadium project and issues relating to the football and rugby clubs use of the Bootham Park ground. He suggested the purchase and refurbishment of the Bootham Park ground to provide joint use for both clubs.

Rory Barke spoke as a resident of the city and requested Council protection for Clifford’s Tower, including the removal of the adjacent car park. He expressed support for an improved gateway to the city and concern at the recent permission granted for a visitor centre to English Heritage.

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

·         Cllr Johnny Hayes on behalf of visitors and local residents, calling on the Council to stop English Heritage’s redevelopment plans for Clifford’s Tower, York for a proposed visitor centre (online petition 3,617 signatories and 161 hard copy signatories)

https://you.38degrees.org.uk/petitions/stop-english-heritage-making-clifford-tower-look-like-disneyland

·         Cllr Paul Doughty on behalf of residents of Strensall Road in Earswick Parish and more widely from Strensall ward, calling upon the Council for a reduction from the current 60mph national speed limit third mile section of Strensall Road between Towthorpe and Earswick and instead have a consistent 40mph zone from the edge of Strensall to the commencement of the current 30mph section at the main built up part of Earswick village.

Under Standing Order 15, the following 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 Johnny Hayes, on behalf of local residents and visitors, which called on the Council to stop English Heritage’s redevelopment plans for Clifford’s Tower, for a proposed visitor centre (online petition 3,617 signatories and 161 hard copy signatories. ^1.

·        Cllr Paul Doughty, on behalf of 73 residents of Strensall Road in Earswick Parish and Strensall Ward, calling upon the Council for a reduction from the current 60mph national speed limit for the third of a mile section of Strensall Road between Towthorpe and Earswick and replace it with a consistent 40mph zone. ^2.

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 Levene – contact with the Department of Communities and Local Government regarding the Local Plan delay and receipt of new homes bonus

·        Cllr Levene –confirmation regarding the Local Plan delay had been received in writing from the Department of Communities and Local Government

·        Cllr Williams – opposition to the closure of the MoD barracks

·        Cllr Williams – city’s link with barracks and need for opposition to the closure

·        Cllr Levene – lobbying of government on barracks closure

·        Cllr Crisp – opposition to closure of MoD bases

·        Cllr Kramm – West Yorkshire Transport Fund (WYTF) projects and receipt of support and Council approval

·        Cllr Kramm – decision process for allocation of funds to WYTF projects

·        Cllr Looker – level of discussion with North Yorkshire County Council (NYCC) regarding Local Plan changes

·        Cllr Levene – discussions with NYCC regarding their change of position regarding the Local Plan

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

B       Executive Recommendations

Funding Major Transport Projects – West Yorkshire Transport Fund

Cllr Carr moved, and Cllr Aspden seconded the following recommendations contained in Minute 78 of the Executive meeting held on 24 November 2016:

Recommended:           That Council agree to:

(i)           Formally join the West Yorkshire Transport Fund.

(ii)          Accept the financial liability that arises from joining the fund and to note that future increases in the levy would represent as unavoidable additional cost in future budgets. Although the precise figures could not be determined at this stage it would be within the parameters identified in the report which estimated an increase from the budgeted contribution of £500k per annum to £1m to £1.5m per annum in 2025.

(iii)        Delegate to the Deputy Chief Executive/Director of Customer and Corporate Services the finalisation of the legal agreement in consultation with the Leader of the Council, the Deputy Leader of the Council and the Finance Portfolio holder. ^1.

Reason:     (i)      To ensure the delivery of the York Outer Ring Road improvements and York Central Access Road and Station Gateway schemes.

(ii)      To ensure proper financial planning within the authority.

(iii)      To ensure that York’s position is fully protected in line with the principles set out in the report.

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

Resolved:   That the above recommendations in respect of the West Yorkshire Transport Fund be approved.

Capital Programme – Monitor 2 2016/17

Cllr Carr moved, and Cllr Aspden seconded the following recommendations contained in Minute 79 of the Executive meeting held on 24 November 2016:

Recommended:That Council:

(i)        Agree to make adjustments resulting in a decrease in the 2016/17 programme of £29.080m as detailed in the report and contained in  ...  view the full minutes text for item 48.

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 Craghill – omission of Navigation Road/Fossgate area from Environment Agency’s five year flood plan

·        Cllr Williams –  Deputy Leader’s response to the recent Ministry of Defence announcements regarding the closure of sites

·        Cllr Williams – cross party support to lobby government against MoD closures

·        Cllr Cullwick – update on York’s response to the refugee crisis

·        Cllr Boyce – government suggestion to raise Council tax by up to 6% to support social care

·        Cllr Williams – scale of governments cuts has required cuts in services

·        Cllr Levene – context where it would be acceptable for Council to make cuts

·        Cllr Hayes – timescales for report back on flood inquiry ^1.

·        Cllr Lisle –  reference in report to Job Seekers Allowance

Councillor Aspden responded directly to all the questions put to him, including supplementaries, but agreed to respond in more detail in writing to Councillor Hayes. ^1.

To consider the following Motions on Notice under Standing Order 23:

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

(i)        From Cllr Gillies

Review of Gaming Machines and Social Responsibility Measures

'Whereas Council

Notes the launch of the Government's 'Review of Gaming Machines and Social Responsibility Measures' consultation;

Further notes that rates of problem and at-risk gambling, particularly on gaming machines, have been found to be higher among loyalty card holders and where there are clusters of gaming shops;

Recognises that whilst York does not have a severe problem of clusters of betting shops per se it does host a large number of betting shops, some of which, particularly in the city centre, are in close proximity to each other and all of which have gaming machines;

Council therefore requests that officers respond to the Government's consultation and to include the following points:

To ask the Government to address the evidence and widespread public concern over the use and abuse of gaming machines by reducing gaming machine stakes to £2;

To represent that local authorities should be given more powers to manage and respond to clusters of gambling premises in their areas; and

To support the introduction by the Government of a statutory cumulative impact approach to gambling licensing, in line with its approach to alcohol licensing.'

(ii)      From Cllr Runciman

Local Pharmacies

‘Council Notes:

·        Local pharmacies in York and North Yorkshire provide a range of NHS services and ensure residents can get face-to-face professional healthcare advice without an appointment.

·        Our pharmacies play an important role in promoting wellbeing such as healthy eating, smoking cessation, exercise, flu vaccination and sexual health.

·        96% of people can get to a pharmacy within 20 minutes, making them a health and social care asset close to where people live, work, and shop.

This Council is therefore extremely disappointed that the Department of Health (DH) proposes budget cuts of £200 million to pharmacies over the next two years to take effect from this month. This means a cut of 12% during the financial year and could lead to the loss of up to a quarter of pharmacies, putting extra pressure on our already strained GPs and hospitals.

The cuts to pharmacies come at a time of unprecedented pressure on wider health and social care services exacerbated by the following failures of the current Government:

·        Giving the NHS less than half of the £10 billion it promised before last year’s General Election

·        Cutting public health budgets, including in York where our public health grant has been reduced by £1.2 million over the last two years

·        A failure in the Autumn Statement to recognise or address the potential £2.6 billion national funding gap and growing crisis in social care

·        Earmarking a further £420 million of potential cuts to local services through the ‘Humber Coast and Vale’ Sustainability and Transformation Plan (STP).

Council therefore resolves to write to the Secretary of State for Health, NHS England and Vale of York Clinical Commissioning Group  ...  view the full agenda text for item 50.

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

(i)    Review of Gaming Machines and Social Responsibility Measures

(proposed by Cllr Gillies and seconded by Cllr Douglas)

'Whereas Council

Notes the launch of the Government's 'Review of Gaming Machines and Social Responsibility Measures' consultation;

Further notes that rates of problem and at-risk gambling, particularly on gaming machines, have been found to be higher among loyalty card holders and where there are clusters of gaming shops;

Recognises that whilst York does not have a severe problem of clusters of betting shops per se it does host a large number of betting shops, some of which, particularly in the city centre, are in close proximity to each other and all of which have gaming machines;

Council therefore requests that officers respond to the Government's consultation and to include the following points:

To ask the Government to address the evidence and widespread public concern over the use and abuse of gaming machines by reducing gaming machine stakes to £2;

To represent that local authorities should be given more powers to manage and respond to clusters of gambling premises in their areas; and

To support the introduction by the Government of a statutory cumulative impact approach to gambling licensing, in line with its approach to alcohol licensing.' ^1.

An amendment was proposed by Cllr Kramm as follows:

At the end of the motion the addition of the following paragraph:

That Officers present to the Local Plan Working

·        options for policy improvements which prevents clustering of betting shops, pay day loan shops, and pawnbrokers in the city and town centres,  

·        possibilities to restrict the change of use to Sui Generis uses and to limit the presence of fixed odds betting terminals (FOBTs) in premises. ^2.

On being put to the vote the amendment was CARRIED.

A vote was then taken on the original motion, as altered by Cllr Kramm’s amendment, which was also CARRIED and it was

Resolved:  That the original motion, as altered by Cllr Kramm’s amendment, be approved.

(ii)  Local Pharmacies

(Proposed by Cllr Runciman and seconded by Cllr Cullwick)

‘Council Notes:

·        Local pharmacies in York and North Yorkshire provide a range of NHS services and ensure residents can get face-to-face professional healthcare advice without an appointment.

·        Our pharmacies play an important role in promoting wellbeing such as healthy eating, smoking cessation, exercise, flu vaccination and sexual health.

·        96% of people can get to a pharmacy within 20 minutes, making them a health and social care asset close to where people live, work, and shop.

This Council is therefore extremely disappointed that the Department of Health (DH) proposes budget cuts of £200 million to pharmacies over the next two years to take effect from this month. This means a cut of 12% during the financial year and could lead to the loss of up to a quarter of pharmacies, putting extra pressure on our already strained GPs and hospitals.

The cuts to pharmacies come at  ...  view the full minutes text for item 50.

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 Aspden, Deputy Leader & Executive Member for Economic Development & Community Engagement:

·        Cllr Kramm – support for local businesses in recruiting skilled staff, in particular the hospitals and hospitality industry

·        Cllr Dew – improvements in the Christmas lighting on the Bar walls from Business Improvement District funds

(ii)      To Cllr Waller, Executive Member for Environment:

·        Cllr Flinders – cleanliness of the city following visit to Aldwark area

·        Cllr Flinders – meeting with Guildhall residents and Ward Members to discuss cleanliness concerns

·        Cllr Kramm – funding assistance to provide litter bins in Micklegate Ward

·        Cllr D’Agorne – Street sweeping issues, concerns regarding wet leaves on pavements

(iii)   To Cllr Gillies, Executive Member for Transport and Planning:

·           Cllr Gunnell – monitoring, inspection and action taken following pavement excavation works by utility companies

(iv)    To Cllr Steward, Executive Member for Finance and Performance:

·          Cllr D Myers – examples of improved standards and better outcomes across the city following receipt of lower funding

·          Cllr D Myers – request for specifics which resulted in the same or better outcomes as reported by the Executive Member

(v)     To Cllr Ayre, Executive Member for Culture, Leisure and Tourism:

·        Cllr Looker – public statement  of support regarding for Community Stadium

The Executive Members responded directly to all the questions, including supplementary ones, put to them.

To receive a written report from the Executive Member for Housing and Safer Neighbourhoods, and to question the Executive Member thereon, in accordance with Standing Order 19.

Council received a written report from Cllr Carr, Executive Member for Housing and Safer Neighbourhoods as set out in the agenda papers at pages 35 to 48.  

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

Resolved:  That the report of the Executive Member for Housing and Safer Neighbourhoods be received and noted.

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 Derbyshire – meaningful interventions to enable key workers to live in the city

·        Cllr Derbyshire – how the coalition would enable key workers to live in the city

·        Cllr Danny Myers – low level of home ownership and policies to assist

·        Cllr Reid – allocation of ward funding and the use of Estate Improvement Grants

·        Cllr Gates – achievement and receipt of Gold Standard in relation Council’s housing

·        Cllr Crisp – owner occupiers and social housing tenants

·        Cllr Levene – extension of licensing regime to all houses in multiple occupation

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

To receive a report from Councillor Williams, 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 49 to 52 of the agenda papers, on the work of the Committee since the last report to Council in October 2016.

Resolved:  That the scrutiny report be received and noted.

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 7 November 2016.

18.    City of York Council Community Governance Review

Recommended:(i)     That Heslington Parish Council should

no longer be divided into wards and there be a single parish area represented by nine councillors.

(ii)    That Council formally confirms that

Heslington Parish should not be abolished, that its area and name should be unchanged and that it should continue to have a Parish Council.

(iii)    That the name of Kexby Parish Council

be changed to Kexby and Scoreby Parish Council. ^1.

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 above recommendations of the Gambling, Licensing and Regulatory Committee meeting held on 7 November 2016 be approved. 

Cllr Dew, as Vice Chair of the Audit and Governance Committee, moved the following recommendations from the Audit and Governance Committee meeting held on 7 December 2016, copies of the draft Audit and Governance minutes and Code of Corporate Governance for 2016/17 were circulated at the meeting.

39.    Appointment of External Auditor

Recommended: That Council opt-in to the approved sector led body, Public Sector Audit Appointments Ltd (PSAA), to act as the appointing person for the appointment of external auditors for the council for five years commencing 1 April 2018. ^1.

Reason:     To enable the council to take advantage of the national scheme for appointing external auditors.

40.    Local Code of Corporate Governance

Recommended:(i)      That the current Code of Corporate

Governance be removed from the Constitution. ^2.

(ii)      That the revised Local Code of Corporate Governance, as attached at Annex A of the report, be adopted. ^3.

(iii)     That any future changes to the Code of Corporate Governance be presented to the committee for consideration. ^2.

Reason:              To ensure appropriate governance arrangements are in place.

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 7 December 2016 be approved.

Council is asked to;

(i)           establish a new Joint Standards Committee in place of the former Joint Committee set up on 8 October 2015 and to confirm the terms of reference for the new committee as set out in the attached.  This follows the nomination of Sian Wiseman, Earswick Parish Councillor, as a parish council representative on the Joint Standards Committee.

(ii)          note that there remains a vacancy for a Parish Council representative on the Joint Standards Committee following the resignation of Mark Waudby and that arrangements are in place to seek a replacement.

Council considered a request to establish a new Joint Standards Committee in place of the former Joint Committee, set up on 8 October 2015 and, to confirm the new terms of reference, as set out at pages 55 to 57 of the agenda papers.

Councillor Runciman moved and Councillor Kramm seconded the following recommendations: 

Recommended:   Council is asked to;

(i)        establish a new Joint Standards Committee in place of the former Joint Committee set up on 8 October 2015 and to confirm the terms of reference for the new committee as set out in the attached.  This follows the nomination of Sian Wiseman, Earswick Parish Councillor, as a parish council representative on the Joint Standards Committee.

(ii)      note that there remains a vacancy for a Parish Council representative on the Joint Standards Committee following the resignation of Mark Waudby and that arrangements are in place to seek a replacement.

Resolved:     That the recommendations to appoint a new Standards Committee and confirm the terms of reference of that Committee as set out above, be approved. ^1.             

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

Resolved:  That the above recommendations relating to the Joint Standards Committee be approved.

Council is asked to agree changes to the Constitution consequent upon the recent Chief Officer restructuring and of a minor change to the Executive scheme of delegation approved by the Leader.

Council received a report from the Council’s Monitoring Officer which advised Members of changes to the Constitution consequent upon recent Chief Officer restructuring and of a minor change to the Executive scheme of delegation approved by the Leader.

Councillor Carr moved and Councillor Aspden seconded the following recommendations in relation to the report: 

Recommended:Members are asked to:

a)    Note and confirm the constitutional changes made by the Monitoring Officer under delegated powers following the recent restructuring.

b)    Agree the designation of the Assistant Director Customer Services and Digital as Proper Officer for registration functions. ^1.

c)    Note the changes made to the Constitution to reflect the Leader’s allocation of executive decision making responsibilities.

Reason: The Council is legally obliged to prepare and keep its constitution up to date.

Resolved:     That the recommendations set out in the Monitoring Officer report set out above,  be approved.

To consider an appointment to an Internal Drainage Board as set out on the list attached to this summons.

Resolved:  That the appointment of Mr John Tull as a member of the Ainsty 2008 Internal Drainage Board, be approved. ^1.