Agenda and minutes

At this point, Members are asked to declare:

·        any personal interests not included on the Register of Interests

·        any prejudicial interests or

·        any disclosable pecuniary interests

which they may have in respect of business on this agenda.

Members were invited to declare at this point in the meeting any personal interests not included on the Register of Interests, any prejudicial interests or any disclosable pecuniary interests they might have in the business on the agenda.

The following personal interests were declared:

The following prejudicial interests were declared:

To approve and sign the minutes of the last Ordinary meeting of the Council held on 17 December 2015 and the Budget Council meeting held on 25 February 2016.

Resolved:  That the minutes of the Ordinary meetings of Council held on 12 December 2015 and the Budget meeting held on 25 February 2016  be approved and signed by the Chair as correct records.

The Lord Mayor confirmed that she had no items of civic business to report to the meeting.

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 23 March 2016.

To register to speak please contact the Democracy Officer for the meeting, on the details at the foot of the agenda.

WEBCASTING NOTICE

Please note: this meeting may be filmed for live or subsequent broadcast via the internet - at the start of the meeting the Lord Mayor will confirm if all or part of the meeting is being filmed.

You should be aware that the Council is a Data Controller under the Data Protection Act. Data collected during this webcast will be retained in accordance with the Council’s published policy.

Public seating areas will not be filmed by the Council.

Clive Millard spoke in support of Councillor D’Agorne’s motion, due for debate later in the meeting, in relation to the impact the Transatlantic Trade and Investment Partnership (TTIP) could have on local government services and employment, suppliers and decision making. In view of the impact he urged Members to support the motion

Ginnie Shaw also spoke in support of Councillor D’Agorne’s motion, and also requested Council support. She highlighted the four main reasons as secrecy regarding negotiations, the undermining of democracy, impact on local authorities and support for OnePlanetYork.

Gwen Vardigans also spoke in support of Councillor D’Agorne’s motion, highlighting the Investor State Dispute Settlement mechanism which had been used by companies to overturn democratic decisions. She also raised the possible affect of this mechanism on the NHS.

Gwen Swinburn spoke in relation to the Public Interest Report to be considered later in the meeting. She referred to the findings  of the report regarding remuneration to Officers, governance of the Shareholder Committee, action taken and lessons learnt.

At this point the public speaker was asked to leave the meeting and the meeting was briefly suspended to allow the speaker to leave the Chamber.

Don Phillips spoke as the organiser of the Britain Stronger in Europe campaign, in support of Cllr Fenton’s motion regarding the EU referendum to be discussed later in the meeting. He confirmed that it was in the city’s best interests to remain in the EU referring to the funding benefits for York and the surrounding area

Robin Brabham spoke as a student, also in support of Cllr Fenton’s motion, he asked the Council to support the motion as leaving the EU would be detrimental to students and staff of York University.

Martin Whiteley also spoke in relation to the Public Interest Report to be discussed later in the meeting. He expressed concern at its content and action taken by the Council. He suggested an audit of the management of Veritau, the shared service company.

John Heywood spoke in support of the Green Group motion on TTIP, in particular to the effect this could have on Small and Medium Sized Enterprises of which the city had many. He expressed concern that the SME’s would have to compete with businesses in other countries which had to meet lower standards.

Hon Alderman Brian Watson spoke in relation to the recommendations of the Executive on the Community Stadium and Leisure Facilities. He expressed concern at the increase in size of the proposed facilities and that the stadium would not be available for the forthcoming season for the football and rugby teams.

Hazel Palmer also spoke in support of the TTIP motion and expressed concern at the lack of democracy in the process. She also raised a number of concerns regarding the effects on small businesses and food standards and requested Members to support the motion.

To consider any petitions received from Members in accordance with Standing Order No.15. 

Under Standing Order 7, no petitions were presented by Members for referral to the Corporate and Scrutiny Management Policy and Scrutiny Committee.

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

A.      Executive Leaders Report

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

Members were then invited to question Cllr Steward on his report and questions were received from the floor from the following Members in relation to the subjects listed:

·         Cllr Gunnell – regular flood updates to Communities & Environment Scrutiny Committee

·        Cllr Reid – how can York ensure that it benefits from HS2 and HS3

·        Cllr Funnell – recent announcements regarding the lesser role of school parent governors

·        Cllr Levene – concerns regarding the removal of parent governors from schools

·        Cllr Levene – April meeting of Local Plan Working Group or miss Government deadline

·        Cllr Levene – consultation on significant changes to Local Plan and effect on deadline

·        Cllr N Barnes – exploration of Devolution options and consultation

·        Cllr N Barnes – meeting end of March devolution deadline

Cllr Steward responded directly to all the questions put to him.

 [At this point in the proceedings the Lord Mayor vacated the Chair and the Deputy Chair took the meeting for the following item]

B       Executive Recommendations

Community Stadium and Leisure Facilities

Cllr Steward moved, and Cllr Aspden seconded the following recommendation contained in Minute 83 of the Executive meeting held on 17 March 2016, circulated at the meeting:

83.    Community Stadium & Leisure Facilities

Recommended:That Executive recommend Council approval of the following:

(i)     Agreement to proceed with the Community Stadium and Leisure Facilities Project.

(ii)    The Director of Customer and Business Support Services, in conjunction with the Leader and Executive Member for Leisure & Culture be authorised to complete all final negotiations and arrange execution of the following legal documents:

a)      the Design, Build, Operate and Maintain contract (“DBOM Contract”) and ancillary documents to the DBOM Contract;

b)      Freehold transfer of the land adjacent to the proposed South Stand of the NSLC (“Southern Block”);

c)      Agreement for lease of the East Stand Retail Units;

d)      Agreement for lease of commercial space on first floor of the Southern Block;

e)      Agreements for lease with the Community Partners.

(iii)   The approval of a total capital budget of £44.2m for the Project (as set out at table 2).

  (iv)  Funding for the Project as set out below:

a)  £15.3m Stadium s106 contribution

b)  £2.0m Football Club contribution

c)  £1.2m Highways s106 contribution

d)  £11.3m Commercial Capital Land Receipt

e)  £13.4m Prudential borrowing

 f)  £1.0m Venture Fund

(v)     That additional borrowing of £5.4m, within the revised total Capital budget of £44.2m, is undertaken to fund the Project (as set out at paragraph 63 of the report).

 (vi)     That the annual additional borrowing costs (£0.4m) relating to the prudential borrowing set out under recommendation (v) be included as a committed growth item in the 2017/18 Revenue Budget.

(vii)     That the Venture Fund be used to fund £1.0m of the capital expenditure which will be repaid from later years leisure revenue budget savings (as set out at paragraph 75 of the report).

(viii)     The use of  ...  view the full minutes text for item 70.

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 Keith Aspden, on his portfolio area.

Members were then invited to question Cllr Aspden on his report and questions were received from the floor from the following Members in relation to the subjects listed:

·        Cllr Mason – Members continued input into review of ward committees

·        Cllr N Barnes – subject Ward Committees to internal audit to ensure value for money

·        Cllr Kramm –Ward Committees and additional funding to city centre wards

·        Cllr Kramm – Economic Strategy and need for reliable C21^st  infrastructure

·        Cllr Kramm –recent infrastructure failures in the city and a requirement for more reliability and resilience

·          Cllr Levene – Local Plan and its relationship to York Central and the environment, need to bring forward to avoid missing deadlines

·          Cllr Orrell – update on arrival of Syrian refugees in York and delay

Cllr Aspden responded directly to all the questions put to him.

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 Galvin

Flooding in the City

“Following the YorkChristmas floods, council puts on record its thanks to all council staff and emergency services for their work, and further notes the tremendous efforts of volunteers, including Mountain Rescue, York residents, businesses, the York floods Facebook group and those from outside Yorksuch as and the mosques from around the country all of whom contributed valuable help and support.

Council acknowledges and welcomes the assistance provided by other authorities, the willingness of the Government to deploy military resources and sandbags and its long-term additional £10 million of funding for the Foss Barrier.

Whilst welcoming the early announcement of an Independent Inquiry into the floods and without wishing to prejudice any conclusions resulting from said inquiry, council wishes to put forward three recommendations arising from York’s recent experiences:

a)   That at the appropriate time the council makes written representations to the Environment Agency regarding the need for more local and regional input into decision-making and programme development;

b)   The council strengthens its working relationship with North Yorkshire County Council regarding flood planning, with a particular emphasis on proposing a specific programme addressing the long-term development of steps which can be taken up river from York to mitigate extreme weather events; and

c)   To ensure that York accesses all possible funding avenues for both the Christmas floods and for future planningand that Executive lobbies government as appropriate.”

(ii)      From Cllr Fenton

York and the EU Referendum

“Council notes:

The cross-party campaign for Britain to remain in the EU is supported by party leaders including David Cameron, Jeremy Corbyn, Tim Farron and Natalie Bennett

The campaign argues that we are stronger, safer and better off in Europe and the UK can more effectively tackle global threats – be it terrorism, cross-border crime or climate change – by working with our partners in the EU

More than 3 million jobs in Britain are linked to our trade with other EU Countries, including 350,000 jobs in Yorkshire

Major employers in York including the Chairman of Nestlé and Chief Executive of BT have called for Britain to stay in the EU

Around 70% of tourists visiting the UK come from the EU and the inbound tourism sector have consistently warned against Brexit

200,000 UK businesses, including many small businesses in York, trade with the EU

York and Yorkshire benefits directly from EU investment, which will include between now and 2020:

·        £743million from ‘Horizon 2020’ for science in Yorkshire (more than any other UK region)

·        £78million from the ‘European Structural and Investment Fund’ to support local economic growth and create jobs via the York, North Yorkshire, East Riding LEP

Council believes:

The interests of York’s economy and the wider UK economy are best served by being within the EU

Brexit would be a leap in the dark for our  ...  view the full agenda text for item 72.

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

(i)      From Cllr Galvin

Flooding in the City

“Following the YorkChristmas floods, council puts on record its thanks to all council staff and emergency services for their work, and further notes the tremendous efforts of volunteers, including Mountain Rescue, York residents, businesses, the York floods Facebook group and those from outside Yorksuch as and the mosques from around the country all of whom contributed valuable help and support.

Council acknowledges and welcomes the assistance provided by other authorities, the willingness of the Government to deploy military resources and sandbags and its long-term additional £10 million of funding for the Foss Barrier.

Whilst welcoming the early announcement of an Independent Inquiry into the floods and without wishing to prejudice any conclusions resulting from said inquiry, council wishes to put forward three recommendations arising from York’s recent experiences:

a)   That at the appropriate time the council makes written representations to the Environment Agency regarding the need for more local and regional input into decision-making and programme development;

b)   The council strengthens its working relationship with North Yorkshire County Council regarding flood planning, with a particular emphasis on proposing a specific programme addressing the long-term development of steps which can be taken up river from York to mitigate extreme weather events; and

c)   To ensure that York accesses all possible funding avenues for both the Christmas floods and for future planningand that Executive lobbies government as appropriate.”

The first amendment was proposed by Cllr Flinders as follows:

Delete “and its long-term additional £10 million of funding for the Foss Barrier” and insert “While it welcomes additional funding after the recent flooding, Council expresses deep concern at the Government’s 14% reduction in Environment Agency funding despite being told in November 2015 that this could cost the UK £1.1 billion (Association of Drainage Authorities), and that according to the Office of National Statistics, Government flood spending has been reduced in real terms.”

Delete “put forward three” and insert “ask the Inquiry to consider four”

At the end of the motion, insert: “d) The council makes written representations to the Government stating its concern at past reductions in flood funding and expressing the need for a long-term funding settlement to ensure flood defences can be properly planned.”

On being put to the vote the amendment was declared LOST.

A second amendment was proposed by Cllr Waller as follows:

Insert after “Barrier” “plus the additional £45m funding announced last week for 15 flood defence schemes in York and we look forward to further details on these.

Council recognises the need for consistent funding for flood defences which keeps pace with the rising pressures of Climate Change.”

Change “three” to “four” in the paragraph starting “Whilst welcoming....”

In the next paragraph change the “Environment Agency” to “DEFRA” and insert “long-term” after the word “more” and insert “by councils and the  ...  view the full minutes text for item 72.

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

As the guillotine had fallen earlier in the meeting Members were unable to question Cllr Steward and/or the Executive Members in respect of any matters within their portfolio responsibility.

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

Council received a written report from Councillor Waller, Executive Member for the Environment, as set out in the agenda papers at pages 47 to 52.

As the guillotine had fallen earlier in the meeting Members were unable to question Cllr Waller on his report.

Resolved:  That the report of the Executive Member for the Environment  be received and noted.

To receive a report from Councillor Levene, the Chair of the Corporate and Scrutiny Management Policy and Scrutiny Committee (CSMPSC) on the work of the Committee.

Council received the report of the Chair of the Corporate and Scrutiny Management Policy and Scrutiny Committee, at pages 53 to 56 of the agenda papers, on the work of the Committee, since the last report to Council in December.

Resolved:  That the scrutiny report be received and noted.

Councillor Steward as Chair of the Staffing Matters and Urgency Committee, moved the following recommendation, from the Committee’s meeting held on 1 February 2016, as set out at Minute 68, relating to the remuneration for Chief Officer appointments.

68.  Organisational Review – Senior Management Arrangements within the City of York Council

Recommend:   That Council approves a salary package for the Director of City and Environmental Services and the Director of Public Health which is in excess of £100,000, should it be necessary. ^1.

Reason:            To allow for the appointments to be made.

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

Resolved:  That the above recommendation of the Staffing Matters and Urgency Committee meeting held on 1 February 2016 be approved.

To consider a report seeking approval to the Pay Policy Statement for 2016/17 relating to the pay of the Council’s senior staff, to fulfil the requirements of Sections 38 – 43 of the Localism Act 2011.

Consideration was given to a written report detailing the Council’s Pay Policy Statement for 2016/17 relating to the pay of the Council’s senior staff,to fulfil the requirements of Sections 38-43 of the Localism Act 2011. 

Councillor Steward moved a motion to approve the Pay Policy Statement, which was seconded by Councillor Aspden.

Resolved:   That the motion in respect of the Pay Policy Statement for 2016/17 be approved.

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.

This report is submitted in response to the Public Interest Report issued by Mr Gareth Davies, the Council’s external auditor, on 26 February. The Council is legally required to consider this Public Interest report and recommendations within one month of issue. (report to follow)

In view of the importance of the Public Interest Report, Councillor Galvin moved and it was agreed that this item should be considered prior to agenda item 7. Report of the Executive Leader.

Council received a report submitted in response to the Public Interest Report issued by Mr Gareth Davies, the Council’s external auditor, on 26 February 2016. The Council was legally required to consider  the report and its recommendation within one month of issue.

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

Recommended:   (i)     That Members confirm their consideration of the Public Interest Report published by the Auditor.

(ii)     That Council note and endorse the proposed responses that CYC has made to the recommendations (set out from Para 19 of the report) and those that will be considered by the Executive.

Reason:     (i)      It is a legal requirement for Members to consider the Public Interest Report.

         (ii)      There is a legal requirement for the Council to respond to the Auditors recommendations.

Following full consideration it was

Resolved:     That the recommendations set out in the Chief Executive’s report set out above,  be approved.

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 membership of Committees and outside bodies, as set out in the updated list circulated at the meeting and in the republished papers online, be approved. ^1.