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.

Councillor Baker declared a prejudicial interest in relation to the additional motion on Free School Meals moved without notice under Agenda Item 15 (Minute 73 refers), as a parent of a child in receipt of free school meals.  She left the room during consideration of that motion and took no part in the debate or decision thereon.

To approve and sign the minutes of the Ordinary Council meeting held on 19 December 2019 and the Budget Council meeting held on 27 February 2020.

Resolved:  That the minutes of the Ordinary Council meeting held on 19 December 2019 and the Budget Council meeting held on 27 February 2020 be approved as a correct record, to be signed by the Chair at a later date.

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

The Lord Mayor recorded the sad passing this year of three people of significance to the Council, namely:

David Horwell, Sheriff of York in 1993-94 and councillor for the former Foxwood ward from 1979 to 1988, who died in early May;

Anne Platt, Civic Services Secretary and latterly Mansion House Marketing and Events Manager, from 2004 to 2018, who died on 29 May;

Gill Brian, Sheriff of York in 2017-18, who died on 21 July.

Members observed a moment’s silence in memory of them all.

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, 27 October 2020.

To register to speak please visit www.york.gov.uk/AttendCouncilMeetings to fill in an online registration form. If you have any questions about the registration form or the meeting please contact Democratic Services. Contact details can be found at the foot of this agenda.

Webcasting of Remote Public Meetings

Please note that, subject to available resources, this remote public meeting will be webcast including any registered public speakers who have given their permission.  The remote public meeting can be viewed live and on demand at

www.york.gov.uk/webcasts.

During coronavirus, we've made some changes to how we're

running council meetings.  See our coronavirus updates at www.york.gov.uk/COVIDDemocracy for more information on

meetings and decisions.

It was reported that nine members of the public had registered to speak at the meeting under the Public Participation item.

Isaac Broadbent, Head Steward at the Mansion House, spoke on the busking guidelines as a matter within Council’s remit.  He highlighted the negative impact that frequent breaches of the guidelines had on staff in nearby shops and attractions, and suggested a return to busking licences.

Tom Shilito spoke in support of the petition on Safe Zones to be presented by Cllr Musson, as the lead petitioner and a resident of Wenlock Terrace, the location of a clinic where a ’40 Days for Life’ protest was being held.

Lucy Walsaw spoke in support of the petition on Safe Zones, from the perspective of her experience in working with vulnerable women and their difficulties in accessing health care.

Amy  Bullard spoke in support of the petition on Safe Zones, referring to her personal experience and the need to respect the anonymity of women seeking access to health care.

Sarah Myler spoke in support of the petition on Safe Zones, as a representative of CASSY (Choice Access Safety Support York), which aimed to secure a public space protection order for Wenlock Terrace.

Gwen Swinburn spoke on Agenda Item 6 (Chief Operating Officer Selection and Approval), objecting to the recommendations in the report on the grounds of flaws in the appointment process.

Tom Franklin spoke in support of the recommendations of the Executive on Devolution for York and North Yorkshire at Agenda Item 10, stating that the alternative ‘east-west split’ had no merit, while retaining York as a unitary authority alongside North Yorkshire County Council was less disruptive and would keep services in York.

Emily Knight also spoke in support of the Executive recommendations on Devolution on similar grounds, expressing astonishment that local authorities were being asked to consider these issues in the current circumstances.

Christopher Gammie also spoke in favour of the Executive recommendations on Devolution, urging Council to support them and to ensure that decisions affecting York were taken in York.

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:

(i)           Cllr D’Agorne, on behalf of residents calling for a zebra crossing at the junction of Fawcett Street and Kent Street

and

(ii)         Cllr Musson, on behalf of residents calling for Safe Zones to protect service users and residents from harassment outside abortion clinics.

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

(i)           Cllr D’Agorne – a petition signed by 361 residents, calling for a zebra crossing at the junction of Fawcett Street and Kent Street;¹

(ii)         Cllr Musson – a petition signed by over 1,000 people, calling for Safe Zones to protect service users and local residents from harassment outside abortion clinics.²

To consider a report of the Monitoring Officer which presents the recommendation of the Chief Officer Appointments Sub Committee, detailing the selection process and proposed appointment of the Chief Operating Officer and Head of Paid Service. 

Council received a written report from the Monitoring Officer which presented the recommendations of the Chief Officer Appointments Sub-Committee on the proposed appointment of the Chief Operating Officer and Head of Paid Service.

Cllr Widdowson then moved, and Cllr Craghill seconded, the following recommendations, as set out in the report:

Recommended  

That Council:

(i)           Agree with the recommendation of the appointment panel to appoint Ian Floyd as Chief Operating Officer and Head of Paid Service and Returning Officer.¹

(ii)         Agree with the permanent appointment being made at point two of the scale, recognising the 14 months in post as Interim Head of Paid Service.²

Reason: To allow efficiencies to be made across the CMT structure.

A named vote was taken on the recommendations, with the following result:

The recommendations were declared CARRIED and it was

Resolved:  That the above recommendations be approved.^1-2

To consider a report of the Monitoring Officer setting out changes made to the Constitution since 23 March 2020, which have previously been reported to the Audit & Governance Committee and have been published on the Council’s website.

Council received a report of the Monitoring Officer setting out changes made to the Constitution since 23 March 2020, which had previously been reported to the Audit & Governance Committee and published on the council’s website.

The recommendation in the report was dealt with under the next item.

Councillor Pavlovic moved, and Cllr Fisher seconded:

A -  the following recommendation in the report received under the previous item:

To note the Monitoring Officer’s amendments to the Council’s Constitution.

and

B – the following recommendations contained in Minute 52 of the Audit & Governance Committee meeting held on 11 March 2020:

Review of the Council’s Constitution:

(i)      That the amendments set out in the tracked changed version of the Constitution at Appendix A to the report, as further amended by the changes set out below, be approved:¹

Section 2

Article 5, page 25 (Role and Function of the Lord Mayor)

Delete ‘4 year’ from the second sentence.

Article 16, page 64 (Review/Revision of the Constitution)

In 2.6, include a requirement for minor changes to the Constitution to be reported to the Chair of Audit & Governance Committee.

Section 3

3C, pages 103-104 (Responsibility for Functions)

In the final sentence under paragraph (c), after ‘the head of HR’, insert ‘in consultation with the Head of Paid Service, the Monitoring Officer or the S151 Officer’.

3D, page 122 (Powers of Officers)

To the end of (i), add: ‘in consultation with the appropriate Chair’.

Section 6

Members’ Scheme of Allowances, page 353

Remove the reference to Itrent.

(ii)      That the proposed amendments to the Terms of Reference for Audit & Governance Committee at Appendix 1A to the report be approved, as further amended by the additional changes to be agreed by Audit & Governance Committee via email.¹

(iii)     That the proposed changes to the Constitution be considered at the Annual Council meeting on 21 May 2020 and approval given to implement the amended Constitution immediately after that meeting.²

(iv)    That approval be given for the Director of Governance to liaise with the Corporate Management Team to ensure that each service area has in place a system to deliver the consistent compliance with the requirements in the Constitution that relate to delegated decisions taken and recorded by officers.³

(v)     That approval be given for the Director of Governance to undertake a review of the Protocols and Procedures that support the provisions of the Constitution and the council’s overall guidance framework to ensure they are comprehensive, accurate and up to date.⁴

(vi)    That approval be given for the Director of Governance to collate a central record of the Protocols and Procedures that support the provisions of the Constitution, which will be available electronically to all Members, officers and the public.⁵

(vii)    That approval be given for the Director of Governance, in consultation with Group Leaders and Corporate Management Team to provide training to Members and officers to improve the understanding across the council of the requirements set out in the Constitution.⁶

Reason:     To ensure that the Council’s Constitution is accurate and consistent and that there is compliance with the provisions set out therein.

A named vote was taken on the recommendations, with the following result:

Cllr Mason moved, and Cllr Myersseconded, the following recommendations contained in Minute 35 of the Licensing and Regulatory Committee meeting held on 22 January 2020:

Review of Polling Districts and Polling Places 2019

Recommended:  That Council approve:

a)   The proposals for the Review of Polling Districts and Polling Places 2019; and

b)   The following changes to venues as set out by the (Acting) Returning Officer in Appendix B – Schedule of Polling Stations and (Acting) Returning Officer’s comments and recommendations:

·        Christian Science Church to be used as a polling station for DC polling district

·        St Oswald’s Church Hall to be used as a polling station for DC polling district

·        Murton Church to be used as a polling station for YHB polling district

·        A venue to be located for Kexby, to be used as a polling station in YHE polling district.

Reason: In order to ensure that the council complies with statutory requirements for the provision of polling places and polling stations for electors.

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

Resolved:  That the above recommendations be approved.¹

To receive a written report from the Leader and to consider the following Executive recommendations for approval:

A – Executive Leader’s Report

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

B – Executive Recommendations

Cllr Aspden moved, and Cllr D’Agorne seconded, the following recommendations contained in Minute 20 of the Executive meeting held on 23 July 2020 and Minute 42 of the Executive meeting held on 1 October 2020:

Capital Programme Outturn 2019/20 and Revisions to the 2020/21 – 2024/25 Capital Programme

Recommended:  That Council approve the re-stated 2020/21 to 2024/25 programme of £600.615m, as summarised in Table 3 in paragraph 92 of the report and detailed in Annex A.¹

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

Capital Programme - Monitor 1, 2020/21

Recommended:  That Council approve the adjustments resulting in a decrease of £12.827m in the 2020/21 budget, as detailed in the report and contained in Annex A.

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

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

Resolved:            That the above recommendations be approved.²

Urgent Business: Devolution for York and North Yorkshire and Unitarisation - Update

Cllr Aspden confirmed that he was content to accept the amendment from Cllr Crawshaw to the recommendations contained in Minute 52 of the Executive meeting held on 22 October 2020.

Cllr Aspden then moved, and Cllr D’Agorne seconded, the amended recommendations, as follows:

Recommended:  That Council:

(i)      Note the letter from the Secretary of State (Annex 2 to the report) and the issues as set out in the report.

(ii)      Approve the submission to Government of a case for City of York Council remaining a unitary on its existing footprint.

(iii)     Delegate authority to the Interim Head of Paid Service to make a submission, in line with the decision above, within the Government’s timescales.

(iv)    Approve the submission of a Strategic Partnership Agreement with North Yorkshire (Annex 4), which proposes areas of potential joint working between City of York Council and a new North Yorkshire unitary council to support efficient local government in the region, following consideration by Scrutiny and well in advance of the Government’s final deadline for submission.

(v)     Approve the submission of Devolution ‘Asks’ (Annex 1, as approved by Executive on 23 July 2020) alongside the unitary submission, subject to the permissibility within this process, in order to progress devolution discussions with Government as quickly as possible.

Reason:     To ensure that an appropriate response, which benefits York, is submitted to Government within the required timescales.

A named vote was then taken on the recommendations, with the following result:

To receive a written report from the Deputy Leader.

A written report was received from the Deputy Leader, Cllr D’Agorne.

To receive a written report from the Executive Member for  Housing and Safer Neighbourhoods.  

A written report was received from the Executive Member for Housing and Safer Neighbourhoods, Cllr Craghill.

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

Note to Members:  In order to facilitate the smooth running of the remote meeting, the Lord Mayor has decided to set a deadline of 40 minutes in total for the above questions and responses.

Members were invited to question the Executive Leader, Deputy Leader and Executive Member on their written reports and, in accordance with Standing Order 21, to question the Leader and / or the other Executive Members on any matters within their portfolio areas.  Questions were received from the floor from the following Members in relation to the subjects listed, and responded to by the relevant Executive Member as summarised below:

Questions to Cllr Aspden, Executive Leader

From Cllr Myers: On York Central, are we able to recoup any of the £77.1m Housing grant (formerly the Housing Infrastructure Fund) and why has the council been cut out of the process?

(Supplementaries from Cllr Melly and Cllr Crawshaw: What lessons have been learned from the grant going to Homes England instead of the council? How will delivery of the 6,500 jobs promised for the site be ensured?)

Response: The fact that the grant was secured, as part of an infrastructure package totalling £175m, demonstrates that our partnership approach was the right one.  Development is proceeding in line with the Masterplan and outline planning permission, and there will be further opportunities to work with public bodies on housing.  Interest in the development, including from the Cabinet office, has been encouraging. We need to work with our public sector partners to get this important site delivered and are happy to engage positively with the Labour group. 

From Cllr Cullwick: I am delighted that the government has come forward with funding to open up York Central.  Have you any more to say about the next steps to take the project forward?

Response: The next step will be to take a reserved matters application to Planning Committee, to ensure that construction and cleaning can begin and that in a matter of months we can start to deliver the site.  We will continue to work with the community throughout that process, and to look at what further consultation can take place.

Questions to Cllr Craghill, Executive Member for Housing & Safer Neighbourhoods

From Cllr Mason: There is now a serious risk of a second lockdown; what can be done about the in domestic violence that may result from this?

Response: Support to victims is provided through commissioning arrangements with North Yorkshire County Council and the Office of the Police & Crime Commissioner; the council also funds IDAS to provide services both for victims and to change the behaviour of perpetrators. Weekly meetings are held with the police and successful bids have been made for government and local funding to expand services and monitor demand.  To date, existing service provision has been adequate but the tactical group will continue to meet until the Covid-19 situation returned to normal. Victims should contact IDAS by phone or on their website or call 999 if at immediate risk.

From Cllr Wann: Good progress has been made on Phase 1 of the Housing Delivery Programme; what is planned for Phase 2?

(Supplementaries from Cllr Pavolvic and Cllr Webb –  ...  view the full minutes text for item 71.

To receive a report from Councillor Crawshaw, Chair of the Customer & Corporate Services Scrutiny Management Committee, on the work of the Committee.

A written report was received from Cllr Crawshaw, Chair of the Customer & Corporate Services Scrutiny Management Committee, on the work of the Committee since the last report to Council, on 19 December 2019.

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 K Taylor

Maximising opportunities to build consensus in times of crisis

“Council notes:

·        the unprecedented challenges our city faces in relation to the social, economic and health impacts of Coronavirus;

·        that these impacts will be far reaching and long lasting;

·        that years of damaging austerity created an already difficult financial environment for council services pre-Covid;

·        that changing demographics continue to add pressure to vital but stretched statutory services.

Council believes:

·        that York residents want to see Councillors acting responsibly and collaboratively at all times but particularly in times of crisis;

·        that constructive challenge shouldn’t be dismissed as ‘playing party politics’ and can in fact lead to better decision making;

·        that elected councillors and council officers must think creatively about how we support our communities and get the most out of limited resources;

·        that as we approach our most challenging winter in modern history we need to make an extra effort to show goodwill and maximise room for consensus in decision making.

Council resolves:

·        to request that Executive builds on the constructive steps taken last year on budget setting and to actively improve collaboration, particularly where decisions will have long-reaching impacts, by giving all city councillors headline budget savings targets and draft savings proposals by mid-December 2020;

·        to request that Executive Members invite shadow portfolio holders to attend any pre-meeting briefings before their Decision Making sessions, and encourage their attendances at said Decision Sessions by default throughout the duration of this crisis;

·        to request that the Executive Member for Culture and Communities works closely with all city councillors to:

a)   instigate a review of the use of devolved Ward Budgets, in the context of unprecedented financial pressures, so as to maximise their efficiency, value for money, and impact for residents across the whole city; and

b)   as part of this review and within the next month, authorise a trial for a flexible, city-wide, fund with each councillor allocating £2,000 from their ward budgets over the next 6 months, to build a resource of almost £100,000. This resource will focus on supporting residents, irrespective of ward boundaries, deemed vulnerable, isolated, or in need of other essential help through the funding of community, voluntary and other organisations working to combat the worst effects of Covid 19;

·        to request that Executive Members and Officers actively seek to maximise any and all further opportunities to build consensus around decision-making.”

(ii)         From Cllr Aspden

Covid-19: Response and Recovery in York

“The Coronavirus pandemic has presented our city with an unprecedented challenge, with residents and businesses having to work hard to adapt to public health guidance and new ways of life.

Local authorities across the country have been instrumental in the response to the Coronavirus pandemic by providing constant and crucial support to businesses and local communities.

As the country and the city faces the second wave of the  ...  view the full agenda text for item 73.

(i)                   Free School Meals (Motion moved without notice)

Cllr Lomas moved, and Cllr Myers seconded, that Standing Orders 23.1 and 23.3 be suspended to enable a motion to be moved without notice in respect of free school meals, the text of which had been circulated to Members before the meeting.

Council having agreed to so suspend Standing Orders, the motion was moved by Cllr Webb and seconded by Cllr Fisher, as follows:

“Council notes;

·        The 2728 York pupils who are in receipt of free school meals;

·        The significant and long lasting impact of the Covid19 pandemic, following years of Austerity, on family household incomes;

·        The impending economic shock of Brexit;

·        And welcomes £43,000 from the Council to ensure that children and young people have access to meals during October half term.

Council believes:

·        That every child should have access to at least one hot meal every single day of the year;

·        That parents and carers routinely do all they can to put food on the table;

·        That the Conservative Government’s recent refusal to back Marcus Rashford’s call for a repeat of the holiday free school meal scheme throughout the Covid19 pandemic is unforgivable.

Council resolves:

·        To fund a voucher scheme of £15 per pupil per week for York’s pupils who are in receipt of Free School Meals for the duration of the Christmas holidays;

·        To request that the leaders of all York’s political Groups jointly write to the Secretary of State for Education demanding that York be reimbursed for the cost of providing the above-mentioned voucher scheme and to allocate further funding such that an equivalent scheme can be delivered for the remainder of the school holidays in the 2020/21 academic year.”

Cllr Warters then moved, and Cllr Rowley seconded, that Standing Orders be suspended to enable an amendment to be put to the above motion.  On being put to the vote, the motion to suspend Standing Orders was declared LOST.

A named vote was then taken on the original motion, with the following result:

The motion was therefore declared CARRIED and it was

Resolved: That the above motion be approved.¹

(ii)                 Maximising Opportunities to Build Consensus in Times of Crisis

Moved by Cllr K Taylor and seconded by Cllr Fitzpatrick.

“Council notes:

·        the unprecedented challenges our city faces in relation to the social, economic and health impacts of Coronavirus;

·        that these impacts will be far reaching and long lasting;

·        years  ...  view the full minutes text for item 73.

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

Resolved:  That the updated list of appointments and changes to membership circulated to Members before the meeting be approved.¹

Any other business which the Chair considers urgent under the Local Government Act 1972.

Council received a report of the Monitoring Officer which sought approval to designate the statutory role of Section 151 Officer to the post of Chief Finance Officer (Assistant Director).

The Chair had agreed to accept this item as urgent business to avoid any delay to the appointment of the S151 Officer and ensure that the council met its statutory requirements in respect of this role.

Cllr Aspden moved, and Cllr Pavlovic seconded, the recommendation in the report, as follows:

Full Council is requested to remove the designation of the role of Section 151 Officer from the Corporate Director Customer and Corporate Services / Corporate Finance Manager and re-designate it to the Chief Finance Officer (Assistant Director) effective from 1 November 2020.

Reason: To ensure the Council is compliant with its legal obligations and is operating appropriately with the necessary financial advice and guidance required from the Section 151 Officer. 

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

Resolved:  That the above recommendation be approved.¹