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 disclosable pecuniary interests or other registrable interests they might have in the business on the agenda, if they had not already done so in advance on the Register of Interests.

Cllr Melly declared a pecuniary interest in Agenda Item 12 (Recommendations of the Licensing & Regulatory Committee).  She left the room during consideration of that item and took no part in the debate or decision thereon.

To approve and sign the minutes of the Budget Council meeting held on 17 February 2022.

Resolved:  That the minutes of the Budget Council meeting held on 17 February 2022 be approved, and 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 announced the recent death of June Vaughan,  who had served as a city councillor until 2003 and as Lady Mayoress during the 1999/2000 Municipal Year.  Members observed a minute’s silence in her memory.

The Lord Mayor then welcomed the imminent re-opening of the Guildhall, where the Annual Council meeting would take place next month, and looked forward to the return of future meetings to the Council Chamber.  He thanked all those who had made it possible to hold Council meetings at the Racecourse and the Citadel while the Guildhall was closed.

At this point in the meeting, any member of the public who has already 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.  Please note that, the public participation session for this reconvened meeting was full at the time and date of the original planned meeting and therefore is now closed.  All previous registrations to speak remain valid.

Webcasting of Public Meetings

Please note that, subject to available resources, this meeting will be webcast, including any registered public speakers who have given their permission.  The 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 had been nine registrations to speak at the meeting under the Council’s Public Participation Scheme.

Rachael Maskell MP spoke on Motion (iii) at Agenda Item 8 (Addressing York’s Dental Crisis), highlighting the work she had undertaken in Parliament to address this issue and urging Members to sign the petition that she intended to present there.

Gwen Swinburn spoke on governance matters relating to the re-scheduling of the Council meetings, which she said was un-democratic, and on Agenda Item 11 (Review of the Constitution), stating there had been a failure to consult on the draft Constitution.

Kate Ravilious spoke in support of the petition objecting to a multi-storey car park on St George’s Field (Agenda Item 5 a)), asking that the business case for the car park be made public and the project delayed until the Local Transport Plan was in place.

Lynette Mills also spoke in support of the St George’s Field petition on behalf of the Friends of New Walk.  She outlined the history of the site and suggested it should be made into a park instead.

Peter Mills also spoke in support of the St George’s Field petition, urging that plans for the car park be re-thought and the money spent on promoting Park and Ride instead.

Johnny Hayes also spoke in support of the St George’s Field petition, and in particular the proposal that the decision on the car park be deferred until sufficient data was obtained.

Paul Wordsworth spoke in support of Motion (i) at Agenda Item 8 (York Stands With Ukraine), highlighting the work being undertaken by York City Sanctuary and the council to assist Ukrainian refugees.

Laura Cox spoke on Motion (ii) at Agenda Item 8 (End Fuel Poverty in York) as a member of Extinction Rebellion, stressing the need to reduce reliance on fossil fuels and end fuel poverty earlier than 2030.

Christopher Brace also on Motion (ii), drawing attention to the role of the inadequacy and inefficiency of housing stock in compounding the global energy crisis.

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:

a)   Cllr Kilbane, on behalf of residents objecting to the proposed siting of a multi-storey car park on St George’s Field;

b)    Cllr K Taylor, on behalf of residents seeking speed calming measures on New 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 Kilbane, on behalf of residents and others objecting to the proposed siting of a multi-storey car park on St George’s Field.¹

b)   A petition presented by Cllr K Taylor, on behalf of residents seeking speed calming measures on New Lane.²

To receive and consider a written report from the Leader and ask questions on the work of the Executive, and to 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:

Devolution

From Cllr Crawshaw: Given that we are technically a hung Council, how will you engage with the different political groups on devolution so that we are not left with a ‘take it or leave it’ deal?

Response: We are currently at the pre-consultation stage and will engage once we know what the formal government process will be.  I would welcome discussions about attending Scrutiny meetings.  There will be several stages of engagement before we reach the series of final steps that will include discussions at Full Council, and cross-party conversations will need to take place.

[Supplementary: Can you guarantee that Group Leaders, at least, will be engaged at every point?]

Response: I am happy to agree to that and welcome as much engagement and consultation as possible.  There is much work to do, and it will be a challenge to meet government deadlines.

Great British Railways

From Cllr D Taylor: Can you give more insight into York’s bid for GBR and how you are communicating the city’s strengths to the decision-makers?

Response: The bid has been submitted to government; I am aware we need to go beyond this and have worked with partners to ensure the right messages are given to get York onto the shortlist.  Once on the list we will communicate in a different way.  It’s about working with the whole city to get our message across I don’t yet know how the public vote will be dealt with or whether it will be binding.  Network Rail have confirmed that York will remain one of its regional headquarters.

[Supplementary from Cllr Douglas: What plans are there for a unified approach to the bid within the Council?]

Response: I agree this is important and am glad to see York and North Yorkshire MPs getting together to give cross-party support to the bid.  Our North Yorkshire and East Yorkshire partners have been invited to an upcoming event for the announcement of the shortlist so that we can all work together on this.

Purple Flag

From Cllr Hunter: Can you give an update and more detail on what the Purple Flag scheme means for the city?

Response: It’s very important to the city due to the way it brings about partnership working between the council, police, businesses and residents, particularly in relation to the city centre where residents want improvements.  We are working to highlight issues and come up with an action plan to ensure that progress is made.

B – Executive Recommendations

Cllr Aspden moved, and Cllr D’Agorne seconded, the following recommendations contained in Minutes 108 and 109 of the Executive meeting held on 17 March 2022:

Minute 108 - Housing Delivery Programme Update –  ...  view the full minutes text for item 69.

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:

Digital Respark

From Cllr Crawshaw: Can you point to the section in your report that says what you are doing to address the issues with digital Respark to ensure that residents can at least have a grace period, as under the old system?

Response: I am happy to provide a written response, as that is not referred to in the report.

Transport Schemes Progress

From Cllr Mason:  Can you tell me about the cycle path from Scarborough Bridge to the hospital, especially the section across Bootham Park, and where we are with that?

Response: Progress is being made with completing this route and most of the work to signalise the junction at the Bootham Park Hospital end has been done.  Future use of the Bootham Park site was approved by Executive in December, when the successful negotiations to secure continuing access across the site were reported.  While the proposals are subject to planning permission, we have been talking to the owners of the hospital and the developer about a temporary arrangement to complete works at the junction.  The roadway at St Mary’s has been resurfaced for a new ramp to be fitted in July.

Extension of TIER e-scooter trials

From Cllr Hollyer: Can you give an update on the partnership with TIER?

Response: It is part of a DfT national trial, initially for a period up to March, which the government has now extended to November.  At one of my decision sessions, it was agreed that that the trial should continue with the current provider.  At the end of the trial, the council will decide whether to continue that arrangement.  TIER have been very responsive to concerns raised and have provided regular reports on the operation of the scheme.

[Supplementary from Cllr Rowley: I and many residents see regular breaches of the rules by users of these scooters.  When will Members get to see the reports from TIER and what sanctions are in place to prove they are being taken seriously?]

Response: I am happy to share the reports, subject to the company’s agreement.  With regard to sanctions, as with any novelty the abuses will diminish with time.  The company do apply sanctions where they are aware of people breaking the rules and, depending on the severity, may ban them from use.  I am confident that they respond appropriately.

[Supplementary from Cllr D Taylor: Are you concerned about the cost?]

Response: The cost is not insignificant but, anecdotally, people choose the scooters for convenience and they are no more expensive than a taxi.  Different packages are offered, including business deals for staff etc.

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 Smalley

York Stands With Ukraine

“This Council notes that:

·        York stands with Ukraine and its people in their fight to maintain democracy and self-determination as a nation, those affected locally with relatives caught up in the hostilities having to escape the war, and with those Russians who are not responsible for this war, many of whom bravely speak out against it.

·        Symbolic displays of support have taken place all across the city, including lighting the city in blue and yellow, flying the Ukrainian flag, organising support rallies and providing donations to local charities.

·        According to recently published ONS figures, approximately 50 Ukrainian citizens currently live in York.

·        Locally the Council is working closely with key partners and charities across the city to provide information and support, including supporting City of Sanctuary to provide a locally based Ukraine support group for Ukrainians in York.

·        Work has begun with Migration Yorkshire to set in place the necessary preparations for welcoming refugees from Ukraine.

This Council believes:

·        As a city and Council of sanctuary, we should reaffirm our commitment to stand with the brave people of Ukraine and support and welcome those fleeing this war.

·        At this difficult and dangerous time we must all stand untied against the aggressor, making sure not to repeat or give credence to narratives used by Putin to divide and defer blame for this horrific attack.

This Council therefore resolves to:

·        Continue to fly the Ukrainian flag from the Mansion House in a show of solidarity with the people of Ukraine.

·        Ask that relevant officers initiate the process of adopting Lviv, Ukraine, as York’s sister city with a memorandum of understanding.

·        Provide help and support to all Ukrainian nationals living in York by ensuring that the council works collaboratively alongside citizens, businesses and voluntary organisations in the city to help them in their efforts to support refugees to settle in the city.

·        Request that Executive Members and relevant senior officers continue to review all investments, contracts and procurement arrangements to ensure that the Council divests itself of any financial interest it may hold in Russian companies and investments; and encourage local businesses and city partners to follow suit.

·        Call on Government to ensure an open a simple, fast and safe route for refugees to come to the UK is urgently established, providing information and resources to local councils to support those seeking sanctuary.

·        Write to the Secretary of State for Levelling-Up, Housing and Communities to clarify the powers open to the council on the actions it may take to ensure that no pathway is left available for Russian financial investment, also calling for existing procurement laws to be changed to recognise this.

·        Call on the York and North Yorkshire Local Government Pension Fund to divest itself of any similar interests, particularly in gas, oil and energy.”

(ii)         From Cllr Perrett  ...  view the full agenda text for item 71.

(i)           York Stands With Ukraine

Moved by Cllr Smalley and seconded by Cllr Hook.

“This Council notes that:

·        York stands with Ukraine and its people in their fight to maintain democracy and self-determination as a nation, those affected locally with relatives caught up in the hostilities having to escape the war, and with those Russians who are not responsible for this war, many of whom bravely speak out against it.

·        Symbolic displays of support have taken place all across the city, including lighting the city in blue and yellow, flying the Ukrainian flag, organising support rallies and providing donations to local charities.

·        According to recently published ONS figures, approximately 50 Ukrainian citizens currently live in York.

·        Locally the Council is working closely with key partners and charities across the city to provide information and support, including supporting City of Sanctuary to provide a locally based Ukraine support group for Ukrainians in York.

·        Work has begun with Migration Yorkshire to set in place the necessary preparations for welcoming refugees from Ukraine.

This Council believes:

·        As a city and Council of sanctuary, we should reaffirm our commitment to stand with the brave people of Ukraine and support and welcome those fleeing this war.

·        At this difficult and dangerous time we must all stand united against the aggressor, making sure not to repeat or give credence to narratives used by Putin to divide and defer blame for this horrific attack.

This Council therefore resolves to:

·        Continue to fly the Ukrainian flag from the Mansion House in a show of solidarity with the people of Ukraine.

·        Ask that relevant officers initiate the process of adopting Lviv, Ukraine, as York’s sister city with a memorandum of understanding.

·        Provide help and support to all Ukrainian nationals living in York by ensuring that the council works collaboratively alongside citizens, businesses and voluntary organisations in the city to help them in their efforts to support refugees to settle in the city.

·        Request that Executive Members and relevant senior officers continue to review all investments, contracts and procurement arrangements to ensure that the Council divests itself of any financial interest it may hold in Russian companies and investments; and encourage local businesses and city partners to follow suit.

·        Call on Government to ensure an open a simple, fast and safe route for refugees to come to the UK is urgently established, providing information and resources to local councils to support those seeking sanctuary.

·        Write to the Secretary of State for Levelling-Up, Housing and Communities to clarify the powers open to the council on the actions it may take to ensure that no pathway is left available for Russian financial investment, also calling for existing procurement laws to be changed to recognise this.

·        Call on the York and North Yorkshire Local Government Pension Fund to divest itself of any similar interests, particularly in gas, oil and energy.”

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

Resolved:  That the above motion be approved.  ...  view the full minutes text for item 71.

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

The Lord Mayor having varied the order of business to bring forward Agenda Items 11-13 (Minutes 74-76 refer), the guillotine had fallen by the time this item was reached and no questions were put.

To receive a written report from the Executive Member for Children, Young People & Education, and to question the Executive Member thereon, in accordance with Standing Order 19.

A written report was received from Cllr Cuthbertson, the Executive Member for Children, Young People & Education.

To receive a report from the Director of Governance & Monitoring Officer which invites Council to approve and adopt revisions to the Constitution, in accordance with recommendations from the Audit & Governance Committee, and to agree the dates for implementation.

Note: Annex 1 to the above item (the Constitution) has not been included in the agenda pack due to its size, but is available to view online with this agenda.

Council received a report from the Monitoring Officer regarding approval and adoption of revisions to the Constitution, in accordance with the recommendations of the Audit & Governance Committee.

Cllr Pavolvic then moved, and Cllr Fisher seconded, the recommendations contained in paragraphs 3 and 4 of the report, as altered by the amended advice of the Monitoring Officer in respect of the recommended implementation date, as follows:

“3. Full Council is invited to determine the wording of the following for inclusion within the approved Constitution:

a)       Appointment of Substitutes to Committees (article 7 Decision Making, subsection 14 – substitutes)

                       i.    Paragraph 14.1 (a) - the inclusion or not of the following sentence:

“Substitutes shall be appointed from within the same political group”

If included, the paragraph would read (the disputed sentence is highlighted in bold type for ease of reference):

“For the Planning Committee A and Planning Committee B up to four named substitutes shall be allowed for each of the political Groups.  For other Member bodies up to three named substitutes shall be allowed for each political Group.  Substitutes shall be appointed from within the same political group.  Independent Councillors may also be appointed to act as named substitutes for other Independent Councillors within this rule”.

b)       Role of Executive Members on Planning Committee A and Planning Committee B

Full Council is invited to determine the position of Executive Members and their involvement or not in the Council’s Planning Committee functions.  Therefore Full Council is asked to approve one of the following options for inclusion in the Constitution:

Appendix 30 – Option 1 – maintains the current position in that Executive Members can sit on the Executive and Planning Committee A and Planning Committee B but do need to be mindful of a potential conflict of interest.

Appendix 30 – Option 2 – the Leader of the Council, the Deputy Leader of the Council and all other Executive Members cannot sit on either Planning Committee A or Planning Committee B.

Appendix 30 – Option 3  – where necessary Executive Members must choose whether to sit on the Executive or take up their seat on Planning Committee A or Planning Committee B so as to avoid a conflict of interest

c)   Upon confirmation of the role of the Executive Members on the Planning Committee function, the Director of Governance and Monitoring Officer is requested to make the necessary changes to accurately reflect the position in Article 13 and Appendix 17.

d)   The Council’s Scrutiny Function

i.         Article 8: Policy, Overview and Scrutiny

Paragraph 10.2 (b), Full Council is asked to determine if this paragraph should make reference to the Vice Chair or not (disputed wording is highlighted in bold type for ease of reference).  The paragraph currently reads:

“Allocating, in consultation with the relevant Chair and Vice-Chair, urgent issues to be considered by an appropriate committee (including ad-hoc scrutiny committee), as may be necessary”.

ii.            Appendix 5: Scrutiny Procedure Rules

Paragraph 16.3 – Full Council is invited to determine if the  ...  view the full minutes text for item 74.

To consider the recommendations for approval set out below:

Cllr Orrell moved, and Cllr Looker seconded, the following recommendation contained in Minute 83 of the Licensing & Regulatory Committee meeting held on 2 March 2022 (Licensing Act 2003 - Statement of Licensing Policy and Cumulative Impact Assessment):

“Resolved: That it be recommended to Council that the Statement of Licensing Policy and Cumulative Impact Assessment be adopted. ¹

Reason: To meet the legislative requirements of the Licensing Act 2003.”

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

Resolved:  That the above recommendation be approved.

To receive for approval the council’s Pay Policy Statement for 2022-2023.

Council received a report which presented the Pay Policy Statement for 2021/22.

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

“That Council approve the Pay Policy Statement for 2022-2023.”

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