Agenda and minutes

Before the formal business of the meeting began, the Lord Mayor invited all those present to observe a minute’s silence in honour of Sir David Amess MP, who was murdered on 15 October 2021 while carrying out his constituency duties.

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.

Cllr Fenton declared a personal interest in Agenda Item 8(iv) (the Motion on York Residents’ Right to Food), as a Trustee of a Community Centre that provides an informal foodbank offer.

To approve and sign the minutes of the Council meeting held on 15 July 2021.

Resolved:  That the minutes of the last meeting of Council, held on 15 July 2021, be approved and then signed by the Chair as a correct record.

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

The Lord Mayor drew attention to the following matters:

a)   His recent attendance at the funeral of Bill Fairclough, Lord Mayor of York in 1981-82 and a former, long-serving, Member of the Council, who had died on 15 September at the age of 91.  Later in the meeting, Members observed a minute’s silence in Bill’s memory.

b)   The scaled-back celebrations that had taken place on Yorkshire Day this year.

c)   The funnel badge presented by Commodore Waterhouse to mark the city’s affiliation with HMS York, which was now on display at West Offices.

d)   The work of the Lord Mayor’s charities, including two upcoming events which Members were welcome to attend: a curry night at Mumbai Lounge on 18 November 2021 and the Valentine Charity Ball at the Racecourse on 12 February 2022.

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 Tuesday, 19 October 2021.

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 Public Meetings

Please note that, subject to available resources, this 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 there were 8 people registered to speak at the meeting under the council’s Public Participation Scheme.

Gwen Swinburn spoke on matters within the remit of Council, expressing concerns about democratic governance and stating that there should be public consultation on the Constitution.

Neil Chambers spoke in support of the Black Dike Lane petition at Item 5 on the agenda, highlighting the increase in traffic and the danger from a poorly sited bend at the junction with the A59.

Tony Willey also spoke in support of the Black Dike Lane petition, stating that the current road design and use of the lane by traffic was creating an increasingly risky environment for residents.

Jake Furby spoke in support of Motion (i) at Agenda Item 8 (Making York an Anti-Racist and Inclusive City), as a mixed race person who had experienced racism and was involved in various equality movements.

HaddyNjie also spoke in support of Motion (i), highlighting the need for a an independent inter-sectional working group, and an evidence-based action plan to tackle systemic racism.

Imam Mir Azam also spoke in support of Motion (i), urging Council to make York an example to follow and extending an invitation to visit York Mosque.

Johnny Hayes spoke on Motion (ii) at Item 8 (Government Must Work with Councils to Tackle Worsening Heatwaves and Extreme Weather), stressing the need to take action at a local level and focus on upcoming decisions, including the Local Transport Plan.

Paul Wordsworth spoke in support of Motion (iii) at Item 8 (Signing up to the City of Sanctuary Local Authorities Network), stating this was an opportunity to build on York’s previous good work in relation to refugees.

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 Douglas, on behalf of residents of Irwin and Malton Avenues, seeking the introduction of traffic calming measures to improve road safety in their area.

·        Cllr Hook, on behalf of residents requesting measures to address road safety risks in Black Dike Lane.

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

a)   A petition presented by Cllr Douglas on behalf of residents of Irwin Avenue and Malton Avenue, calling for the introduction of traffic calming measures to improve road safety in their area.¹

b)    A petition presented by Cllr Hook on behalf of residents calling for measures to address road safety risks in Black Dike Lane.²

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

A – Executive Leader’s Report

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

Members were then invited to question the Leader on his report.  Questions were received from the floor from the following Members in relation to the subjects listed, and replied to as indicated:

Great British Railways

From Cllr Pearson: Has the government given any indication of where in York GBR’s headquarters would be located if our competition entry is successful?

[Supplementary from Cllr Douglas: Network Rail said they were waiting to hear from the council about the multi-storey car park on the York Central site; what do you think about Ian Gray’s comments on that?]

Response: We were talking to government well before the competition was announced, and received positive feedback from the Rail Minister and Network Rail. We’ve now gone back to them to request further information.  We have submitted evidence as to why York should be chosen.  Once we know what further evidence they are looking for we will go back to them again. 

I have spoken to Ian Gray, who came to the York Business Forum.  If you have more details of his comments I am happy to look at them. Two planning applications have been submitted for York Central and there will be more to come. Everyone must abide by the Masterplan and the agreed vision for York Central.  I welcome the housing and new jobs it will provide. 

York Outer Ring Road

From Cllr Crawshaw: How surprised were you that Cllr D’Agorne felt unable to support his own Outer Ring Road scheme at Executive recently?

[Supplementary: Given that it’s his scheme, how can anyone be confident that it will be completely delivered?]

[Supplementary from Cllr K Taylor: The Deputy Leader also opposed the stopping-up order (on Leeman Road) – how can you have any confidence in him and how can the city have confidence in consistent leadership?]

Response: I am pleased that both your group and mine support the ORR scheme, which is an opportunity to unlock the benefits of the city centre and other spaces that are currently congested.  It is not for me to answer for Cllr D’Agorne, but if you look back at the work done on the scheme you will see there have been changes in response to public engagement. Politics need not always to be oppositional – we are working together to get the best possible scheme. 

I have full confidence in Cllr D’Agorne – our two parties are working together to deliver projects for residents.  The Housing Delivery plan, the ORR and York Central are the results of this approach.  We will continue to work together, including where we have differences.

York Community Woodland

From Cllr Looker: I understand there has been opposition in your group to the hopes of Treemendous to create a space for reflection and remembrance of those who have died of Covid – could you clarify this?

Response: I am  ...  view the full minutes text for item 32.

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, Cllr D’Agorne.

Members were then invited to question the Deputy Leader on his report.  Questions were received from the floor from the following Members in relation to the subjects listed, and replied to as indicated:

Highways Infrastructure Asset Management Plan

From Cllr Fenton: Can you say if, and how, the HIAMP will enable ward councillors to be more involved in discussions on highways issues?

Response: The HIAMP provides a structural approach to managing our highways and a framework for all services work in conjunction, allowing work to be based upon data and informed intelligence.  It’s proposed that the Asset team and Highways Inspectors set up regular communication meetings with ward members to give them a clear understanding of work being carried out in their areas and an opportunity to ask questions.  This will be not only about highways maintenance, but also lighting, flooding, graffiti, winter maintenance – a whole range of changes that might be brought forward. 

Bike to School Week

From Cllr Hunter: Can you update Members on the bike to school scheme and its success?

Response: There are a lot of different projects currently under way, involving biking, scooting and walking to school.  We have schools competing for the Jack Archer award, to get the maximum number of pupils walking and cycling to school.  All schools are offered Bikeability training and we want to continue to build on that, with iTravel teams and work within schools.

Digital Respark System

From Cllr Looker: I have been unable to negotiate the Residents’ Visitor parking permit website and am sure others have too – what is being done to make the site more negotiable and understandable?

Response: I understand the concerns you raise; I and other councillors have also raised concerns on the system, which was introduced on 15 September.  As with any new system, there have been initial teething problems, but we are working to ensure that these are resolved as soon as possible.  Officers are aware of the shortcomings and I have been assured that we are getting to grips with putting a robust system in place.  Concerns about Badger Hill have been responded to with a 6-month agreement so that residents can retain their permits until the digital system has been sorted out.  Problems were occurring with communications between different IT systems.

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 Kilbane

Making York an Anti-Racist and Inclusive City

“Council notes that York and North Yorkshire has seen a 239% increase in race-related recorded hate crime since 2012, increasing from 152 to 515 incidents last year (see appendix)*.

It further notes that:

·        York is the UK’s first Human Rights City;

·        race-related hate crimes tend to account for around 60% to 80% of all local hate crimes each year;

·        systemic racism continues to affect the lives of those significantly and disproportionately from marginalised ethnic and refugee communities;

·        marginalised ethnic groups continue to be under-represented in local governance structures;

·        despite the efforts of many agencies, racism remains a problem in York.

Council believes that:

·        racism is detrimental not just to those who suffer from it directly but to whole communities across our city;

·        rising race-related hate crime highlights why tackling racism must be prioritised;

·        taking urgent actions to make York an anti-racist and inclusive city will send an important message about how civic leaders want York to be seen locally, nationally and internationally;

·        working collaboratively, by engaging representation from marginalised ethnic groups to formulate and implement a long-term anti-racism and inclusion strategy and action plan, is an important first step that this council can take to help tackle racism.

Council resolves to aspire to make York an Anti-Racist and Inclusive City, and requests that Executive:

·        supports the setting up within three months of an independent, ethnically diverse and intersectional working group, to include people with lived experiences, that will: working to its own terms of reference, collaboratively develop and implement a long-term anti-racism and inclusion strategy and action plan for the city that:

o   identifies, acknowledges, and tackles structural barriers to understanding the impacts of racism and to implementing change in all public bodies in our city;

o   identifies, acknowledges, and works to tackle institutional racism wherever it exists in all public bodies in our city;

o   encourages the participation of marginalised ethnic groups in all aspects of civic and city life;

o   works to ensure equitable representation from marginalised ethnic groups in local governance;

o   ensures equal access for those same groups to health (including mental health) and social services;

o   ensures that the narratives and visibility of York's history are acknowledged and that citizens from marginalised ethnic groups are promoted and celebrated for what they have to offer

·        agree to receive the strategy and action plan after 12 months and act swiftly to implement the latter;

·        collaborates with the working group to assess what resource it will require to support it in producing the strategy and action plan before bringing a resourcing proposal back to Council.”

*appendix available to view online with this agenda

[Endorsed by: Speak Up Diversity / York Racial Equality Network / York: Human Rights City / York Racecourse / York City of Sanctuary / York Disability Rights Forum  ...  view the full agenda text for item 34.

(i)           Making York an Anti-Racist and Inclusive City

Moved by Cllr Kilbane and seconded by Cllr Looker.

“Council notes that York and North Yorkshire has seen a 239% increase in race-related recorded hate crime since 2012, increasing from 152 to 515 incidents last year (see appendix)*.

It further notes that:

·        York is the UK’s first Human Rights City;

·        race-related hate crimes tend to account for around 60% to 80% of all local hate crimes each year;

·        systemic racism continues to affect the lives of those significantly and disproportionately from marginalised ethnic and refugee communities;

·        marginalised ethnic groups continue to be underrepresented in local governance structures;

·        despite the efforts of many agencies, racism remains a problem in York.

Council believes that:

·        racism is detrimental not just to those who suffer from it directly but to whole communities across our city;

·        rising race-related hate crime highlights why tackling racism must be prioritised;

·        taking urgent actions to make York an anti-racist and inclusive city will send an important message about how civic leaders want York to be seen locally, nationally and internationally;

·        working collaboratively, by engaging representation from marginalised ethnic groups to formulate and implement a long-term anti-racism and inclusion strategy and action plan, is an important first step that this council can take to help tackle racism.

Council resolves to aspire to make York an Anti-Racist and Inclusive City, and requests that Executive:

·        supports the setting up within three months of an independent, ethnically diverse and intersectional working group, to include people with lived experiences, that will, working to its own terms of reference, collaboratively develop and implement a long-term anti-racism and inclusion strategy and action plan for the city that:

o   identifies, acknowledges, and tackles structural barriers to understanding the impacts of racism and to implementing change in all public bodies in our city;

o   identifies, acknowledges, and works to tackle institutional racism wherever it exists in all public bodies in our city;

o   encourages the participation of marginalised ethnic groups in all aspects of civic and city life;

o   works to ensure equitable representation from marginalised ethnic groups in local governance;

o   ensures equal access for those same groups to health (including mental health) and social services;

o   ensures that the narratives and visibility of York's history are acknowledged and that citizens from marginalised ethnic groups are promoted and celebrated for what they have to offer

·        agrees to receive the strategy and action plan after 12 months and act swiftly to implement the latter;

·        collaborates with the working group to assess what resource it will require to support it in producing the strategy and action plan before bringing a resourcing proposal back to Council.”

*appendix available to view online with the agenda

[Endorsed by: Speak Up Diversity / York Racial Equality

Network / York: Human Rights City / York Racecourse / York Cityof Sanctuary / York Disability Rights Forum / York Travellers

Trust / York Fairtrade City / York LGBT Forum / York Mosque /

York Mediale /  ...  view the full minutes text for item 34.

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

Question to Cllr D’Agorne, Executive Member for Transport

From Cllr Kilbane: Did you support the dualling of the Outer Ring Road?

Response: I support the effort put into it by myself and my party to ensure that walking and cycling is part of the project.

Questions to Cllr Widdowson, Executive Member for Environment & Climate Change

From Cllr Mason: Can you give an update on where we are with our flood defences?

Response: The Environment Agency have delivered major works on the Foss Barrier, and works are ongoing at Clifton Ings, Bishopthorpe and Clementhorpe.  Thank you to Cllr Baker for what she has done in her ward, and to Cllr Kilbane, for getting residents on board with this.  We are leading on works in Fulford and working with the EA on works in Peckitt Street.  Steve Wragg has submitted a successful bid to Defra’s Resilience Programme.  Frontline teams in Highways are mounting their annual response in readiness for winter.  I am grateful for the support of the EA and Steve Wragg in making all this happen.

From Cllr Musson: Are you happy with the state of the city centre toilets, and what are you going to do about it?

Response: If you are unhappy with the contract, your group should not have privatised it in 2014 and awarded a contract for 15 years.  We aim to deliver a new changing places toilet.  Toilets in Coppergate, Rowntree Park and elsewhere have been refurbished, and the Exhibition Square toilets have re-opened.  We are addressing the issue and will continue to improve services.

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

From Cllr Pavlovic: In view of the shameful oversight of housing repairs and maintenance, with council tenants left for months with leaking toilets and damp, a family without water for 5 days, and cuts to budgets, can you explain why you deserve to keep your job as Executive Member?

Response: I take exception to the insinuation that I am deliberately undermining the position of council tenants, but agree that housing services have been neglected across many administrations.  As a ward member I am aware of a number of instances that are not acceptable and we are working as hard as possible to address these, though they are still a minority, with 80% of council tenants satisfied with services.  Current challenges due to Covid and Brexit have meant work has taken longer to complete, contributing to a backlog; an action plan has been put in place to deal with this.  I sent a detailed response today to you and Cllr Kilbane.

Question to Cllr Ayre, Executive Member for Finance & Performance

From Cllr Hollyer: What plans to you have to provide support over the difficult weeks ahead?

Response: An extra £200k was allocated at Executive recently, including funding for free school meals and early intervention.  Details of proposals for the government’s Household Support fund will be brought to my Decision Session in November.

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

A written report was received from Cllr Runciman, the Executive Member for Health & Adult Social Care. 

Members were then invited to question Cllr Runciman on her report.  The following questions were received from the floor and responded to as indicated:

From Cllr Looker: Can you provide a brief summary, with a written response later, on what the council is doing to address the problems in social care resulting from the current dispute at Haxby Hall between staff and the new provider, issues from the government’s requirement that care workers be vaccinated, and the management of day care facilities for residents at home? 

Response: If you send me your questions, I will provide you with a detailed response.  Haxby Hall is not in the council’s ownership, but one of our new directors has given a lot of support and advice to the owners on how to make the transition they want.  She reports back to me regularly and I hope that things will go to plan.  We are petitioning government regarding vaccinations for care workers and the Public Health team will speak to those who are vaccine-hesitant.  Regarding domiciliary care, many of our workers have returned to their own countries due to Brexit and may not return – the government has not granted them an exemption.  We do have recruitment drives and the numbers are not disastrous, but there are extra pressures.  We will continue our practice of putting students into placements in Older People’s Homes, which the students have enjoyed. 

From Cllr Wann: Can you give an update on work to support mental health services in York?

Response: A lot of work is being done in this area, including looking at suicide prevention.  The Northern Quarter is bringing together all groups that can provide support, and at its latest meeting two days ago was looking to start a mental health hub as a drop-in facility.  Thank you to all the wards in the city that are contributing funds for places that people can go to for support.

To receive for approval the Pay Policy Statement for 2021/2022, which has been updated since the report to Council on 22 March 2021 to reflect changes to the Chief Officer Structure.

Note: this item was deferred from the last Council meeting.

Council received a report, deferred from the last meeting, which presented an amended version of the Pay Policy Statement for 2021/22 approved by Council on 22 March 2021, updated to reflect changes to the Chief Officer structure.

Cllr Aspden moved, and Cllr D’Agorne seconded, the following recommendation, contained in paragraph 16 of the report:

“That Council approves the updated Pay Policy Statement for 2021/22 relating to the pay of the Council’s senior staff.

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.”

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

Resolved:  That the above recommendation be approved.¹

To consider a report requesting Council to adopt the LGA Model Code of Conduct for immediate implementation across City of York Councillors and recommend the adoption of the Model Code by Parish Councils.

Note: this item was deferred from the last Council meeting.

Council received a report, deferred from the last meeting, which presented proposals for the adoption of the Local Government Authority’s Model Code of Conduct, following consideration of the Model Code by Joint Standards Committee.

Cllr Fisher moved, and Cllr Douglas seconded, the following recommendations contained in paragraph 17 of the report (with the minor amendment marked in italics below):

“Full Council is requested to:

·        Adopt the LGA Model Code of Conduct as recommended by the Joint Standards Committee for immediate implementation;

·        The Model Code of Conduct will be incorporated into the Council’s Constitution and will replace the existing Code;

·        The Joint Standards Committee will, in consultation with the Monitoring Officer, develop and promote a Member and Officer Development programme to support the implementation of the Model Code;

·        Support the adoption of the Model Code of Conduct as adopted by City of York Council by Parish Councils and the Town Council and ensure recognition of the same is included within the Parish Charter.”

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

Resolved:  That the above recommendations be approved.¹

To consider a report which seeks approval for an amendment to the Constitution in relation to the use of substitutes at meetings of the Council’s Planning Committee, as recommended by Audit & Governance Committee.

Council received a report which sought approval for an amendment to the Constitution in relation to the use of substitutes at meetings of the Planning Committee, as recommended by Audit & Governance Committee on 8 September 2021.

Cllr Pavlovic moved, and Cllr Fisher seconded, the following recommendation contained in the report:

“Full Council is invited to approve the amendment of the Council’s constitution as follows:

Section 4: Rules of Procedure; 4B Standing Orders relating to Executive, the York Health and Wellbeing Board, Policy and Scrutiny committees and other Non-executive Committees and Sub-Committees and Groups Specified in the Council’s Constitution:

Paragraph 6.5.1 (c) (i) shall be amended to read as follows:

‘Where no named substitute is available a political group may instruct the Chief Operating Officer or the Monitoring Officer to replace for the duration of a particular meeting, an existing Member with another substitute identified by the political group provided always that this provision 6.5.1 (c) (i) will not apply to Licensing and Regulatory or Joint Standards Committees or any sub committees thereof.’

Reason:     This amendment will allow the Planning Committee to operate at full quoracy.  The quoracy of the Planning Committee has been challenging due to the restriction on the number of substitutes and the unforeseen implications of the wider Coronavirus Pandemic.”

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

Resolved:  That the above recommendation be approved.¹

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 appointment set out on page 113 of the Agenda papers be approved.¹