Agenda and minutes

At this point in the meeting, Members and co-opted members are asked to declare any disclosable pecuniary interest, or other registerable interest, they might have in respect of business on this agenda, if they have not already done so in advance on the Register of Interests. The disclosure must include the nature of the interest.

An interest must also be disclosed in the meeting when it becomes apparent to the member during the meeting.

(1)         Members must consider their interests, and act according to the

following:

(2)         Disclosable pecuniary interests relate to the Member concerned or their spouse/partner.

(3)         Members in arrears of Council Tax by more than two months must not vote in decisions on, or which might affect, budget calculations, and must disclose at the meeting that this restriction applies to them. A failure to comply with these requirements is a criminal offence under section 106 of the Local Government Finance Act 1992.

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 Kilbane declared a personal and pecuniary interest in Motion (iii) at Agenda item 8, Get me Home Safely, as he had been involved in setting up bars in the city.  He left the hall during consideration of that motion, and took no part in the debate or decision thereon.

Also on item 8, Cllr Melly noted, for the sake of transparency, in relation to Motion (ii) Green waste, that she had been appointed to the board of Yorwaste; she had been given special dispensation to take part in the vote.  She also noted, in relation to Motion (iii), that she worked in the hospitality industry.

In relation to Item 6, Report of Executive Leader, Cllr Merrett noted, for transparency reasons that he was a member of various environment and transport groups that had an interest in the council plan.

To approve and sign the minutes of the Special Council meeting and the Ordinary Council meeting held on 20 July 2023.

In relation to minute 20, Armed Forces Week, Cllr Rowley noted that he had erroneously referred to the Council Leader as the Armed Forces Advocate rather than the Armed Forces Champion.

In relation to minute 24, Cllr Ayre requested that the resolution be amended to make reference to Annex A, as referred to and discussed at the meeting, as follows:

“Resolved:   That the budget amendment, at Annex A to the report of the Executive Member, be approved.”

Having taken the advice of the Monitoring Officer, it was

Resolved:    That the minutes of the Special Council meeting and the Ordinary Council meeting held on 20 July 2023  be approved, subject to the amendments outlined above and then signed as a correct record in each case.

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

The Lord Mayor announced that he had recently met with the Chinese Ambassador and had plans to meet the German Ambassador in the near future. He had also met with representatives from the National University of Lviv, both via Zoom and in person, at the Mansion House.

The Lord Mayor noted that it was the seventieth anniversary of the twinning of York and Dijon.  He had visited Dijon recently and  received gifts of wine and mustard. Representatives from Dijon would take part in the upcoming York Food and Drink Festival.

The Lord Mayor also noted that he had welcomed Rabbi Dr Elisheva Salamo to the city at a meeting at the Mansion House.

Finally, the Lord Mayor highlighted the charity events taking place in October, including a Mad Alice Bloody Mansion House Tour and the Sheriff’s Hallowe’en ball.

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 September 2023.

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 made some changes to how we're running council meetings.  See our updates at www.york.gov.uk/COVIDDemocracy for more information on meetings and decisions.

It was reported that three people had registered to speak at the meeting under the Council’s Public Participation Scheme.

Phil Pinder, attended remotely and raised concerns regarding lost trade to businesses located on the Shambles, due to the closure of one of the entrance/exits.  He requested that the closed areas were reopened at weekends to allow pedestrian access.

[Due to the poor audio quality during the call, the Lord Mayor also read out his written statement.]

Gwen Swinburn spoke on governance issues as a matter relevant to the Council or city, raising concerns about the control of governance and requesting scrutiny of the Corporate Peer Challenge.

Steve Lily, of Claremont Terrace Residents Association, spoke on Agenda Item 8 (Motions) in relation to (i) Improving York’s Air Quality.  He spoke in support of the motion and especially welcomed the parallel development of the air quality action plan  and local transport plan.  He highlighted the impact of poor air quality on the residents of the Gillygate area and noted their willingness to respond to consultation.

To consider any petitions received from Members in accordance with Standing Order B5.  Notice has been received of one petition to be presented by:

(i)           Cllr Hollyer, regarding opposing cuts to the ward committee budgets. 

Under Rule B5 2, the following petition was presented for reference to the Customer and Corporate Services Scrutiny Management Committee, in accordance with the Council’s petition arrangements:

·         A petition presented by Cllr Hollyer, regarding opposing cuts to the ward committee budgets.

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

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

Council Finances

From Cllr Pearson: Can the Leader please confirm whether or not every primary school child in York will be receiving a free school meal by the end of this council term?

Response: We are absolutely committed to doing that and we will do it over a period of time within our financial responsibilities. We are bringing together the city institutions, large employers, faith groups, media partners, who are all very keen to run a city wide campaign that will actually deliver on this. I would ideally hope that we’ll be able to give every primary school child in York, by the end of the term, a free school meal but I will not commit to spending money that we haven’t got, it’s a long term project.  

Supplementary from Cllr Pearson: Shall I just take that as a no then?

Response: We are working towards it.

From Cllr Hollyer: At a Full Council meeting before the election, Cllr Kilbane stated that all the funding for preschool meals was in place with a specific source of funding identified, what happened to that money?

Response: Cllr Kilbane did not say it was fully funded. What he said was that we have some partners who’ve committed to giving us some funding for it, and we still have those. Those people are part of our steering group.

Supplementary from Cllr Mason: Is there any concern about relying on fundraising as a long-term source to make this sustainable?

Response: We are going to have an ongoing fundraising campaign that doesn’t just commit to fundraising free school meals, it’s going to be a York fund that will allow us to deliver other projects as well. We don’t actually have the money within the local authority to do this on our own anymore, and we are relying on the good will of our city to support us to reach our ambitions.

From Cllr Warters: The Leaders report discusses the council finances. Why are we paying to hire this room tonight, how much is this costing? How was the renovation of the Guildhall allowed to balloon from £1m to £25.5m under the last administration?

Response: It’s costing us £1200. We are looking for a fully accessible venue and the Guildhall simply isn’t one at this point of time because blue badge holders can’t get close to the Guildhall at the right time or stay parked close to the Guildhall for more than 3 hours. When we review city centre access we will be able to go back to the Guildhall, and it won’t cost us anything. We will be reviewing all the capital projects to make sure they are on target and they are delivering on the priorities  ...  view the full minutes text for item 35.

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 Kilbane.

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

From Cllr Widdowson: You say you are cutting £50k from gritting footpaths and cycle paths, could you please let me know what that impact will be? 

Response: This is not a question about my report, if you would like to put those questions to me in writing I will give you an answer.

Supplementary from Cllr Ayre:  Can you not articulate now what you think the impact will be in winter.

Response: With all due respect it is not within my report, send me the question and I’ll respond.

From Cllr Nelson: At the last Full Council meeting you indicated that you intended to drop the report of the Deputy Leader from the agenda, why are we still receiving a report to Full Council?

Response:  Okay, fair enough

Supplementary from Cllr Steward: The Conservative Group supported the removal of the Deputy Leaders report. How many requests has the Deputy Leader had regarding his report, how many have wanted to see it?

Response: It is here because the previous administration was a coalition. It was to satisfy the then Deputy Leader that belonged to a different party. The Leader of the opposition party refused to cooperate and is now insisting that this matter goes to full A&G.

From Cllr Healey: Could the Executive Member explain how he calculated the £50m-£60m shortfall in paragraph 3 of his report?

Response: That figure is calculated on as if the money that we receive in from central government had continued to keep pace with inflation, and we calculate that’s been in the £30m-£40m area. Then when you focus in the additional pressures that come from an aging population to more complex needs for children and care etc the uplift that we would need to cope with gets you to around the £50m-£60m mark. The reality for the city is that we are trying to run a city £50m-£60m short of where we need to be.

From Cllr Rowley:  As you continue to work towards devolution, will you give a commitment that the rural bus service will be maintained, and would you please try, where possible, to include ward councillors in terms of your wider consultation?

Response: Devolution will offer a great opportunity for those services because the Mayor, from next May, will have responsibility for those bus networks. We are trying to make sure that we get more from the bus companies.

[An adjournment took place between 7.54 pm and 8.11pm]

To consider the following Motions on Notice under Standing Order B13:

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

(i)           From Cllr Kent

Improving York’s Air Quality

 "Council notes:

·        recent scientific research backing the World Health Organization (WHO’s) updated 2021 Global Air Quality Guidelines on air quality;

·        the research on particulate matter (PM2.5 and PM10), ozone, nitrogen dioxide (NO2), sulphur dioxide and carbon monoxide making clear the overwhelming body of evidence accumulated over the past two decades demonstrates the damaging health effects of air pollution at every level of exposure, affecting nearly all organ systems of the human body; and the importance of implementing measures to reduce average exposures of all people to maximise health benefits.

·        the UK government’s recently published new air quality strategy for England  https://www.gov.uk/government/publications/the-air-quality-strategy-for-england,  laying out a strategic framework for local authorities and other partners, and setting out their powers, responsibilities, and the further actions the government expects them to take;

·        air quality is considered by the UK Government to be “the largest environmental risk to public health in the UK” “with children, the elderly and the already vulnerable most affected”; Public Health England (2019) estimated there are 28-36,000 premature deaths a year in the UK attributable to human made air pollution (pro-rata for York circa 85 -130 deaths a year):

·        poor air quality also has consequences for crop yields and, particularly in the case of ammonia and oxides of nitrogen (NOx), significant impacts for the natural environment and biodiversity;

·        the UK Government’s new air quality targets for England as much less stringent than the WHO’s health-based targets;

·        Research published in 2022 that demonstrates the WHO interim target for air quality could be achieved across most of the UK by 2030 (https://www.imperial.ac.uk/school-public-health/environmental-research-group/research/modelling/pathway-to-who/).

·        local authorities’ duties around air quality and work in recent years including the very welcome ‘Air Map’ in York showing street exposure to 5 different pollutants with effects across the city (see https://yorkairmap.org/);

York’s last 5 year Air Quality Action Plan (AQAP3) expired in December 2020 and Council believes it now needs to fulfil its statutory duty to adopt a new AQAP given on-going health-damaging exceedances of the UK annual NO2 limits in parts of the city centre, largely relating to high traffic levels on main roads and the effects of building enclosure, notably in Gillygate.

This Council resolves to request Executive:

·        urgently completes and consults on a draft Air Quality Action Plan 4 in parallel with the emerging draft Local Transport Plan 4, taking into account the Council’s Climate Change and Health and Well-being strategies given the significant inter-relationships for some key pollutants;

·        includes within this work the WHO principle of progressively reducing average exposures to air pollution in York and to set its own interim WHO-based targets for pollutants within the authority’s influence, such as PM10 and NO2.

·        ensures York prioritises actions that will end exceedances of the current English statutory air quality targets as soon as possible within the AQAP 4 period;

·        Works together  ...  view the full agenda text for item 37.

(i)           Improving York’s Air Quality

Moved by Cllr Kent, seconded by Cllr Ravilious

"Council notes:

·        recent scientific research backing the World Health Organization (WHO’s) updated 2021 Global Air Quality Guidelines on air quality;

·        the research on particulate matter (PM2.5 and PM10), ozone, nitrogen dioxide (NO2), sulphur dioxide and carbon monoxide making clear the overwhelming body of evidence accumulated over the past two decades demonstrates the damaging health effects of air pollution at every level of exposure, affecting nearly all organ systems of the human body; and the importance of implementing measures to reduce average exposures of all people to maximise health benefits.

·        the UK government’s recently published new air quality strategy for England  https://www.gov.uk/government/publications/the-air-quality-strategy-for-england,  laying out a strategic framework for local authorities and other partners, and setting out their powers, responsibilities, and the further actions the government expects them to take;

·        air quality is considered by the UK Government to be “the largest environmental risk to public health in the UK” “with children, the elderly and the already vulnerable most affected”; Public Health England (2019) estimated there are 28-36,000 premature deaths a year in the UK attributable to human made air pollution (pro-rata for York circa 85 -130 deaths a year):

·        poor air quality also has consequences for crop yields and, particularly in the case of ammonia and oxides of nitrogen (NOx), significant impacts for the natural environment and biodiversity;

·        the UK Government’s new air quality targets for England as much less stringent than the WHO’s health-based targets;

·        Research published in 2022 that demonstrates the WHO interim target for air quality could be achieved across most of the UK by 2030 (https://www.imperial.ac.uk/school-public-health/environmental-research-group/research/modelling/pathway-to-who/).

·        local authorities’ duties around air quality and work in recent years including the very welcome ‘Air Map’ in York showing street exposure to 5 different pollutants with effects across the city (see https://yorkairmap.org/);

York’s last 5 year Air Quality Action Plan (AQAP3) expired in December 2020 and Council believes it now needs to fulfil its statutory duty to adopt a new AQAP given on-going health-damaging exceedances of the UK annual NO2 limits in parts of the city centre, largely relating to high traffic levels on main roads and the effects of building enclosure, notably in Gillygate.

This Council resolves to request Executive:

·        urgently completes and consults on a draft Air Quality Action Plan 4 in parallel with the emerging draft Local Transport Plan 4, taking into account the Council’s Climate Change and Health and Well-being strategies given the significant inter-relationships for some key pollutants;

·        includes within this work the WHO principle of progressively reducing average exposures to air pollution in York and to set its own interim WHO-based targets for pollutants within the authority’s influence, such as PM10 and NO2.

·        ensures York prioritises actions that will end exceedances of the current English statutory air quality targets as soon as possible within the AQAP 4 period;

·        Works together with York and North Yorkshire Combined Authority and other counterparts to address regional sources of air pollution.

and  ...  view the full minutes text for item 37.

To question the Leader and/or Executive Members in respect of any matter within their portfolio responsibility, in accordance with Standing Order B11.

Members were invited to question the Leader or Executive Members. Questions were received from the floor from the following Members, and replied to as indicated:

Question to Cllr Webb, Executive Member for Children, Young People and Education

From Cllr Nelson: How did the decision come to be that Westfield Primary School would be the first school to pilot free school meals, what was taken into account in that decision?

Response: Westfield Primary School is one of York’s largest primary schools and we want to tackle this issue head on.  In this pilot we need to stress test certain things and starting with a large primary school is a good idea. We tasked officers to look at various primary schools in York to identify a primary school that serves the greatest need in our city. In terms of a primary school that serves vulnerable young people, Westfield was an obvious candidate.

Questions to Cllr Pavlovic, Executive Member for Housing, Planning and Safer Communities

From Cllr Orrell: On 14 June finance officers were asked for details of ward schemes to which funding was allocated and not spent. This request was repeated in July and is now subject to an out of time Freedom of Information (FOI) request. Can Cllr Pavlovic clarify what is happening and when we can expect this information?

Response: I can’t respond regarding when the FOI will be responded to as that’s not my area. In respect of the substantive issue, write to me again and I will get an answer. My understanding is, and we can clarify this with the Statutory 151 Officer, that all schemes that were approved and signed off by officers in the last financial year will be honoured.

Response from the Statutory 151 Officer: I haven’t a detailed list of schemes in front of me but my understanding is that those schemes that were agreed by officers to progress would be honoured.

Supplementary from Cllr Orrell: Can the Executive Member find out when the vehicular activated signs (VAS) will be installed on North Lane, Huntington?

Response: I will certainly find out when it’s going to be installed.

From Cllr Melly: What is the Executive Member doing about the increasing problem in the Guildhall Ward with tenants legal rights in the private rental sector that aren’t always upheld. People are being given large renting freezes without the proper legal processes being followed. There are many unlicensed Houses in Multiple Occupancy (HMOs), and many people are finding that essential repairs aren’t being made and basic housing standards aren’t being met.

Response: I had my second Decision Session yesterday and at that meeting we agreed to support Justice for Tenants, which is an organisation that the council will work with to support tenants that are living in HMOs that are either unlicensed or that have poor conditions. We hope it will encourage those unlicensed HMO’s to come forward. We believe there could be up to 800 unlicensed HMOs that have not come forward since additional licensing  ...  view the full minutes text for item 38.

To receive a written report from the Executive Member for Children, Young People and Education, and to question the Executive Member thereon, in accordance with Standing Orders B9 and B10.

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

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

Free School Meals

From Cllr Fisher: What metrics will you use to decide whether the breakfast club is superior to lunches or vice-versa?

Response:  We are looking at this as a pilot project. If we rolled it out all at once it would be a big change in a very short space of time. The pilot project gives us an opportunity to test different things out. Headteachers have been in touch to say a breakfast offer might be a better way, and I will take this advice on board. We have been working with the University of York to see how they could help us implement and monitor this.  We will listen to feedback received, and work with partners to achieve improvement outcomes for young people.

Supplementary from Cllr Cuthbertson: Will you be able to reach your target in the period you have set given that Early Talk for York took around 3.5 years to roll out across the city.

Response:  In terms of research, people have been working on free school meals across Europe for a long time. There have been organisations in London that have been doing this for 10 years. I’ve spoken to councils in Blackpool and I have been working with the University of York and Sheffield Council on auto enrolment, and we have looked at different aspects of the research that is available. We are not rushing into it, and we are committed to mobilizing the city to deliver on free school meals. This is something I hope we can work together on over a period of time.

Supplementary from Cllr Crawshaw: Do you think the task of galvanising the city to support the laudable aims of this project would be made easier if members of the Liberal Democratic group  were actually actively out there in the city speaking to people they know to make this a more deliverable project?

Response: The opposition have the right and a duty to scrutinize polices that we produce but I do struggle with the constant attack on why haven’t you done it straight away. We want to implement this properly and we want the process to work and stick. If you know people we could work with on this project we would welcome the conversations. Let’s try to work together on this to do everything we can to support the most vulnerable.

To receive a report from Councillor Fenton, Chair of the Corporate Services, Climate Change and Scrutiny Management Committee, on the work of the Committee.

A written report was received from Cllr Fenton,  Chair of the Corporate Services, Climate Change and Scrutiny Management Committee, on the work of the committee.

This report invites Council to consider the appointment of Councillors Anne Hook and Emilie Knight to Hessay Parish Council under powers conferred by S91 of the Local Government Act 1972 in order that the Parish Council becomes quorate and can continue to function.

Council considered the appointment of Councillors Anne Hook and Emilie Knight to Hessay Parish Council under powers conferred by S91 of the Local Government Act 1972 in order that the Parish Council becomes quorate and can continue to function.

The following recommendation contained in the report was moved and seconded and on being put to the vote, the recommendation was declared CARRIED, and it was:

Resolved:

(i)           That Councillors Anne Hook and Emilie Knight be appointed to Hessay Parish Council;

(ii)         That authority be delegated to the Director of Governance to submit copies of the order made to the Secretary of State as required by the legislation.

Reason: To bring Hessay Parish Council up to quorum so that it can continue to function.

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 appointments and changes to memberships of Committees, Working Groups and Outside Bodies, as set out on page 75 of the agenda pack, be approved, subject to including the following additions/changes:

·        That Councillor Douglas, as Council Leader,  be appointed to the York Health and Care Partnership.

·         That Cllr Rowley replaces Cllr Steward, as the Conservative representative, on the Local Transport Plan Steering Group.