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 prejudicial interests were declared and the Members took no part in the discussion or voting on these items:

The following personal interests were declared:

To approve and sign the minutes of the Special meeting and the last Ordinary meeting of Council held on 26 March 2015 and the Annual meeting of Council held on 21 May 2015.

Resolved:  That the minutes of the Special Council meeting and the Ordinary meeting held on 26 March 2015 and the Annual Council meeting held on 21 May 2015 be approved and signed by the Chair as correct records.

The Lord Mayor reported the recent death of Signaller Stephen Fry, a young soldier from 2 Signal Regiment, based at Imphal Barracks in York, who sadly lost his life in the River Ouse. She confirmed that condolences had been sent on behalf of the civic party and the Council to Lt Col Hargreaves, Commanding Officer of the Regiment.

Members stood for a moments silence in memory of Signaller Fry.

The Lord Mayor reminded Members that Kersten England, the Chief Executive was shortly due to leave the authority to take up her new appointment as Chief Executive of Bradford Metropolitan Council and that Sarah Tanburn, Interim Director of City and Environmental Services had recently left the authority. Members joined the Lord Mayor in expressing their thanks to Kersten and Sarah for their work for the authority and wishing them well for the future.

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 15 July 2015.

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.

Andrew Walker, a Woodthorpe resident, spoke to raise concerns at any proposals to increase the existing 20mph speed limit in residential areas in the city. He confirmed that a slightly longer journey time was a price worth paying to minimise the accident risks.

Richard Bridge spoke in respect of his change.org petition, containing 5,400 signatures, of which 3,660 were York residents requesting the Council to remove the anti homeless bars in the Rougier Street bus stop. He asked Members to support removal of the bars to ensure that rough sleepers were able to stay safe in the public eye.

Rebecca Jeffrey, from Advice York spoke in relation to the budget amendment proposals and, in particular, Council Tax Support and recent changes which meant clients were now required to pay their Council Tax direct and she highlighted the difficulties many residents faced. She asked Council to review their Council Tax Support Scheme to assist residents with their payments.

Mark Havercroft spoke in his capacity as a self employed builder, to raise concerns at the proposed revenue savings to halt the further rollout of 20mph zones. He felt that not continuing the rollout would undermine the Council’s city wide transport strategy.

Anna Semlyen spoke as Campaign Manager for 20’s Plenty for both York and nationally. She also raised concern at the proposal to halt further 20mph zones which she felt would undermine the safety of cyclists and vulnerable people in the city. She highlighted the possible illegality of removing existing 20mph zones under the Equalities Act.

Mandy Swithenbank spoke to represent the GMB in relation to the budget amendment and proposed reduction in Trade Union budget as a lead Union convenor. She highlighted the affect this would have on the Union’s ability to represent their members in an effective and timely manner.

Ghada Khattab, spoke as the parent of child at Scarcroft School and as a University Lecturer with an expertise in children, in support of Cllr Gunnell’s motion proposing a community ballot for schools considering a change to Academy Status. She raised concerns at the pressures put on school to move to academy status with no evidence to show this provided any improvements. She felt that, whilst a ballot would not be legally binding, it would provide clear guidance for school governors.

Rhydian Beynon-Davies, also spoke, as a regular cyclist, in respect of proposed changes to the 20mph speed limit in the city. He referred to a number of transport and congestion issues and to the affects on resident’s health and wellbeing. He requested the Council set up a Congestion Commission or undertake wider consultation.

Louise Diver a Fulford resident spoke of consultation undertaken in relation to proposals for limiting the speed limit in residential streets which had received overwhelming support. She highlighted her concerns at confusion if the 20mph limit was removed in some areas.

Brian Watson spoke as a York resident in support of Cllr Keith Myer’s motion on the night time economy. He referred to the need to  ...  view the full minutes text for item 16.

To receive and consider a written report from the Leader 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 Craghill – progress on agreement to work with Yorspace

·        Cllr N Barnes – reduction in Council budget reliant on underspend and New Homes Bonus

·        Cllr Cuthbertson – to look back at 2014/15 performance

·        Cllr S Barnes – reference to £688k underspend and previous administration

·        Cllr Galvin – with decisions required on a range of issues over the forthcoming months who would the city be linking up with in relation to devolution

·        Cllr Boyce – would the new administration be taking residents with them in relation to the Local Plan

·        Cllr Doughty – affect on finance of the delays in the sale of Oliver House

·        Cllr Williams – how different was the delay to consult residents in respect of the Newbury Avenue housing development

·        Cllr Gunnell – in respect of the length and content of th Leaders report

·        Cllr Cannon- whether Council would formally receive and consider the administrations 12 point plan

·        Cllr Orrell – in respect of correspondence with neighbouring authorities either prior to or following the local government election in relation to the Local Plan

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

B       Executive Recommendation

New Council Housing and approval for development at Ordnance Lane

Cllr Steward moved, and Cllr Aspden seconded the following recommendation contained in Minute 16 of the Executive meeting held on 25 June 2015:

Recommended:That Council approve a budget of up to £3,600,887m to build up to 24 new homes on this site with 30% of this is to be funded from Right to Buy receipts with the remaining funds to come from the Housing Revenue Account Investment Fund and Section 106 commuted sums where available.

Reason:     To allow the construction of new homes within an agreed budget whilst minimising the budget draw from the investment fund.

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

Resolved:                     That the above recommendation in respect of approval of the budget to build 24 new homes on the Ordnance Lane site be approved.^1.

In light of the results of the local election and the formation of a Conservative and Liberal Democrat joint administration Council is asked to make the amendments, as set out in the spreadsheet attached at Annex A, to the Council’s budget agreed in February 2015.

Council considered the motion relating to the joint administrations amendment to the Council’s budget agreed in February 2015, as set out below and in the spreadsheet at Annex A, page 67 of the agenda papers:

Recommended:           That, in light of the results of the local election and the formation of a Conservative and Liberal Democrat joint administration, Council is asked to make the amendments, as set out in the spreadsheet attached at Annex A, to the Council’s budget agreed in February 2015.

Reason:              In light of the results of the local election and the formation of a Conservative and Liberal Democrat joint administration.

Resolved:           That the motion in respect of the budget amendment be approved. ^1.

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 Gunnell

Academy Status

“This Council understands the difficult choice being faced by schools following considerable pressure from the Government to change from local authority maintained to academy status. However, we fully believe that the choice is one that should be made by the whole community and not just the leadership of a school.

This Council resolves to make it official City of York Council policy that all schools in York considering a change to academy status will be encouraged as strongly as the law allows to hold a community ballot of every household in the affected catchment areas to take full account of the views of local residents on the proposed change."

(ii)      From Cllr K Myers

Early Night-Time Economy

“Council notes a recent trend of negative media reports concerning problems with drunkeness in York and believes that whilst there is always more that can and should be done to ensure York’s continued broad appeal the council does not feel these reports give a fair impression of York.

Regarding tourism council notes:

77% of all visitors return to York;

York’s approval score for the “would your reccomend friends and family visit York” is an outstanding 97%;

VisitYork4Meetings; Make it York’s arm promoting York as a conference venue has seen inquiries up 1/3^rd in the past year.

On the problems of drunkeness council notes:

The clear willingness of the new administration to deal with the issue;

The creation of the cross service committee on Saturday afternoon behaviour; and

The ongoing excellent work of the Police and organisations such as Street Angels.

Council recognises however that York’s visitor economy can be improved and therefore commits to the following:

Ensuring that, to the extent legally possible, planning and licensing are used as a positive influence on the city centre by limiting the excessive increase in the number of pubs;

Endeavouring to implement the findings of the 2014 early night-time economy scrutiny review as soon as possible;

Encouraging Make it York to focus its efforts on the early night-time economy, including considering an evening market for some days in the week;

Looking proactively at European cities and what they have done in broadening the evening appeal, including, for example, Holland, where it is common for shops to stay open one night a week in cities;

Supporting to the extent the budget allows the projects highlighted in the York Civic Trust’s ‘Sustaining the City Beautiful’ report;

Instructing officers to report back to the Executive on how to maximise the unique asset of the City Walls in order to broaden their appeal.

The Council gives its full backing to working jointly with all organisations in York to renew and refresh York’s unique role as a visitor destination.”

(ii)      From Cllr Cuthbertson:

Rail Investment for York

“Council Notes:

•        Plans for a fully electrified route between Manchester, Leeds and  ...  view the full agenda text for item 19.

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

(i)           Academy Status

(proposed by Cllr Gunnell and seconded by Cllr Looker)

 “This Council understands the difficult choice being faced by schools following considerable pressure from the Government to change from local authority maintained to academy status. However, we fully believe that the choice is one that should be made by the whole community and not just the leadership of a school.

This Council resolves to make it official City of York Council policy that all schools in York considering a change to academy status will be encouraged as strongly as the law allows to hold a community ballot of every household in the affected catchment areas to take full account of the views of local residents on the proposed change."

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

Resolved:  That the above motion be approved. ^1.

(ii)      Early Night-Time Economy

(proposed by Cllr K Myers and seconded by Cllr Doughty)

“Council notes a recent trend of negative media reports concerning problems with drunkeness in York and believes that whilst there is always more that can and should be done to ensure York’s continued broad appeal the council does not feel these reports give a fair impression of York.

Regarding tourism council notes:

77% of all visitors return to York;

York’s approval score for the “would your reccomend friends and family visit York” is an outstanding 97%;

VisitYork4Meetings; Make it York’s arm promoting York as a conference venue has seen inquiries up 1/3^rd in the past year.

On the problems of drunkeness council notes:

The clear willingness of the new administration to deal with the issue;

The creation of the cross service committee on Saturday afternoon behaviour; and

The ongoing excellent work of the Police and organisations such as Street Angels.

Council recognises however that York’s visitor economy can be improved and therefore commits to the following:

Ensuring that, to the extent legally possible, planning and licensing are used as a positive influence on the city centre by limiting the excessive increase in the number of pubs;

Endeavouring to implement the findings of the 2014 early night-time economy scrutiny review as soon as possible;

Encouraging Make it York to focus its efforts on the early night-time economy, including considering an evening market for some days in the week;

Looking proactively at European cities and what they have done in broadening the evening appeal, including, for example, Holland, where it is common for shops to stay open one night a week in cities;

Supporting to the extent the budget allows the projects highlighted in the York Civic Trust’s ‘Sustaining the City Beautiful’ report;

Instructing officers to report back to the Executive on how to maximise the unique asset of the City Walls in order to broaden their appeal.

The Council gives its full backing to working jointly with all organisations in York to renew and refresh York’s unique role  ...  view the full minutes text for item 19.

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, at this point in the meeting, no questions were put to the Leader and/or Executive Members in respect of any matter within their portfolio responsibility in accordance with Standing Order 20.

To receive a written report from the Deputy Leader and Executive Member for Economic Development and Community Engagement, and to question the Executive Member thereon, in accordance with Standing Order 19.

Council received a written report from Councillor Aspden, Deputy Leader and Executive Member for Economic Development and Community Engagement, as set out in the agenda papers at pages 69 to 78.

Resolved:  That the report of the Deputy Leader and Executive Member for Economic Development and Community Engagement be received and noted.

To receive a report from Councillor Levene, as Chair of the Corporate and Scrutiny Management Policy and Scrutiny Committee (CSMPSC) on the work of the Committee, and the CSMPSC recommendations for approval, as set out below:

Council received the report of the Chair of the Corporate and Scrutiny Management Policy and Scrutiny Committee, at pages 79 to 82 of the agenda papers, on the work of the Committee, since the last report to Council in March.

Resolved:  That the scrutiny report be received and noted.

Consideration was also given to the following recommendation of the Corporate and Scrutiny Management Policy and Scrutiny Committee from their meeting held on 13 June 2015, Minute 18 circulated at the meeting, in relation to the Annual Report:

18.    Annual Scrutiny Report

Recommended: That Council approve the Annual Scrutiny Report, covering the period between June 2014 and May 2015.

Reason:              To enable its presentation to Full Council in July 2015, in line with Constitutional requirements.

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

Resolved:           That the above recommendation of the Corporate and Scrutiny Management Policy and Scrutiny Committee from their meeting held on 13 June 2015 be approved.

Councillor Steward as Chair of the Staffing Matters and Urgency Committee, moved the following recommendations, firstly from the Staffing Matters and Urgency Committee meeting on 8 June 2015, as set out at Minute 6, relating to the appointment of the Acting Chief Executive, including the recommended salary package.

Secondly Minute 14, regarding a change in the proportionality of two scrutiny committees and Minute 15 to approve the salary package for the post of Acting Director of City & Environmental Services both from the Staffing Matters and Urgency Committee meeting held on 22 June 2015:

6.       Appointment of Acting Chief Executive

Recommended:That Full Council approve the salary package which is in excess of £100,000. ^1.

Reason:              To allow the appointment to an Acting Chief Executive and Head of Paid Service to be made.

Addendum: In light of the decision made by the Appointments Sub-Committee, Council is asked to formally confirm the appointment of Steve Stewart as the new Acting Chief Executive of the City of York Council.

14.              Appointments to Committees and Outside Bodies

Recommended:  That Council agree the change in proportionality of the Economic Development & Transport Policy & Scrutiny Committee and the Health & Adult Social Care Policy & Scrutiny Committee, as detailed in paragraph 3 of the report. ^2.

Reason:              In order to make appropriate appointments to the Council’s Committees for the current municipal year.

15.             Appointment of Acting Director of City and Environmental   Services

Recommended:           That Council approve a salary package which is in excess of £100,000 for the post of Acting Director of City and Environmental Services, should it be necessary. ^3.

Reason:            To allow the appointment to an Acting Director of City and Environmental Services to be made.

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

Resolved:  That the above recommendations of the Staffing Matters and Urgency Committee meetings held on 8 and 22 June 2015 be approved.

This report presents to Council the recommendations of the Audit and Governance Committee in respect of their Annual Report for the year ending 25 March 2015.

Council received the Annual Report of the Audit and Governance Committee at pages 99 to 113, on the work of the Committee for the year ending 25 March 2015.

Resolved:             That the Annual Report of the Audit and Governance Committee for the year ending 25 March 2015 be received and noted.

This report sets out changes to the Council’s Constitution arising from new arrangements for the dismissal of statutory officers contained in  the Local Authorities (Standing orders) (England) (Amendment) Regulations 2015.

Council received a written report detailing amendments required to the Officer Employment Procedure Rules  and changes required to the Council’s Constitution arising from new arrangements for the dismissal of statutory officers contained in the Local Authorities (Standing Orders) (England) Amendment Regulations 2015, as set out in the report to Council. 

Councillor Steward moved and Councillor Aspden seconded the changes to the Procedure Rules and the Council’s Constitution.

Resolved:   That the motion in respect of changes to the Council’s Procedure Rules and Constitution be approved. ^1.

Reason:     To ensure that the Council has complied with the law and that the Constitution is clear

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.