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 or disclosable pecuniary interests were declared:

To approve and sign the minutes of the last Council meeting held on 21 July 2016.

Resolved:  That the minutes of the last Ordinary Council meeting held on 21 July 2016 be approved and then signed by the Chair as a correct record.

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

The Lord Mayor reported receipt by the Sheriff, of a civic crest, madefrom the art of quilling. He confirmed that this had been presented to the Sheriff on 17 September, during the Guilds annual display and world record attempt to display quilled flowers, held at the New Earswick Folk Hall. The crest was on display at the meeting.

The Lord Mayor also reported that on Friday 21 October, he would be travelling to Nanjing, China for the World Historical and Cultural Cities Expo and Mayors Forum. As part of the Forum he would be speaking about the city and its Cultural Heritage. During the trip he would also be visiting Changsha for the Third Summit of the World Agri-tourism Cities Union and Shanghai, and Suzhou to meet their Mayor.

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 19 October 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.

The Council’s protocol on Webcasting, Filming & Recording of Meetings ensures that these practices are carried out in a manner both respectful to the conduct of the meeting and all those present.  It can be viewed at http://www.york.gov.uk/download/downloads/id/11406/protocol_for_webcasting_filming_and_recording_of_council_meetings_20160809.pdf

Gwen Swinburn spoke on a matter directly relevant to the business of the Council, the Council’s Annual Financial Report and Statement of Accounts recently considered by the Council’s Audit and Governance Committee. She referred to her procurement objections, as relevant documentation had been unavailable and the Council’s external auditors had been unable to sign off the Accounts. She questioned whether best value had been obtained for contracts and requested a tightening of management procedures. 

Saf Din, a local taxi driver spoke to raise his concerns regarding public safety issues in respect of out of town licensed vehicles and the restructure of the Council’s Licensing Department, which due to their heavy workload, meant that they were unable to respond to complaints/allegations in a timely manner. He requested the Council’s enforcement team to work with the trade to investigate and enforce regulations. He also highlighted the problems of illegal touting, overcharging, language barriers and the lack of adequate checks on out of town vehicles.

Alan Rowley, also speaking as a taxi driver, confirmed his presence in the city centre on 15 September when Uber had commenced business in York. He highlighted the lack of enforcement for breaches in taxi regulations and public safety issues and he requested the Gambling, Licensing and Regulatory Committee to amend the Council’s licensing conditions to ensure that vehicles that did not meet their conditions were unable to trade in the city.

Antony Green spoke as a self employed local hackney carriage driver, to also raise his concerns regarding the launch of Uber private hire in the city. He also referred to the lack of enforcement in relation to the firms vehicles and questioned the decision to amend the rules which he felt had a direct impact on around 1000 locally registered drivers and the public.

Hon. Alderman Brian Watson spoke regarding recent events affecting the local football and rugby teams and the lack of a guarantee that York City Knights would have a ground on which to play future games. He highlighted the forthcoming judicial review in relation to the new Community Stadium and questioned whether this would affect the future of rugby in the city. 

To consider any petitions received from Members in accordance with Standing Order No.15.  Notice has been received of one petition to be presented by:

·        Cllr Stuart Barnes, on behalf of 400 local residents in the Acomb Ward, calling on the Council to see the former Manor school playing fields retained as green space for public use.

Under Standing Order 15, a petition was presented by the following Member for reference to the Corporate and Scrutiny Management Policy and Scrutiny Committee, in accordance with the Council’s petition arrangements:

Cllr Stuart Barnes, on behalf of 400 local residents in the Acomb Ward, which called on the Council to open up part of the Old Manor School playing fields for use by the community, to be used to develop leisure facilities. ^1.

To receive and consider a written report from the Leader and, to answer questions thereon. To also 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 Carr on the work of the Executive.

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

·        Cllr Williams – confirmation that clearer signage was required in the city centre

·        Cllr Williams – questioned the Deputy Leaders support for improved city signage

·        Cllr Kramm – effect on York’s economy and students of Council’s licensing policy as referred to by earlier speakers during public participation 

·        Cllr Warters – Leaders reference to ‘economies strong growth’ and Deputy Leaders reference to ‘the national economic picture looking increasingly turbulent’

·        Cllr Levene – reductions in Council’s housing stock and mitigating measures (no reference in Leader’s current report)

·        Cllr Hayes – support for independent shops, cleanliness of  the city and ‘A’ Boards

·        Cllr Looker – work to promote and advertise individual city shops

·        Cllr Kramm – balance between independent businesses and out of town shopping centres

·        Cllr Hayes –  production of a new independent shopping guide to York which promoted independent shopping in the city

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

B       Executive Recommendations

Capital Programme – Monitor 1 2016/17

Cllr Carr moved, and Cllr Aspden seconded the following recommendation contained in Minute 40 of the Executive meeting held on 25 August 2016:

Recommended:           That Full Council agree the adjustments resulting in an increase in the 2016/17 capital programme of £2.111m as detailed in the report and contained in Annex A. ^1.

Reason:              To enable the effective management and monitoring of the Council’s capital programme.

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

Resolved:   That the above recommendation in respect of the Council’s 2016/17 capital programme be approved.

Proposals for the disposal of the freehold of Stonebow House and further options for changes to the Commercial Portfolio

Cllr Carr moved, and Cllr Aspden seconded the following recommendation contained in Minute 63 of the Executive meeting held on 13 October 2016, copy circulated at the meeting:

Recommended:      That Council create a capital budget of £1.145m to secure these new assets and for this to be funded from the capital receipts from Stonebow House and Redeness Street (£1.006m) with the remaining £138,500 being funded from borrowing, with the associated interest and repayment of the debt being met from the additional revenue income generated by the new acquisitions. ^2.

Reason:              To reinvest capital from the commercial portfolio in order to increase the revenue income from that portfolio, and to unlock the development potential of the sites in the future.

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

Resolved:  That the above recommendation in respect of the budget to purchase the new assets in the Council’s commercial portfolio, be approved.

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, Councillor Aspden, on his portfolio area.

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

·        Cllr Levene – impact on tourism and manufacturing jobs if Brexit happened

·        Cllr Levene –  the Council’s formal response to Brexit consultation

·        Cllr N Barnes – the Council’s formal Brexit negotiations with other Local Authorities.

·        Cllr Warters – growth of the national economy and encouragement of tourism with a lower pound

·        Cllr Fenton – update on the number of representations received to the Council’s Local Plan consultation and next steps

·        Cllr Kramm – the reduction in the number of houses in the new draft Local Plan and the shift between the York Outer and York Central wards

·        Cllr Flinders – publicity in relation to the recent Flood Inquiry

·        Cllr Flinders – responses to the Flood Inquiry and residents awareness of meetings

Councillor Aspden responded directly to all the questions put to him but agreed to respond in more detail in writing to Councillor Kramm’s question. ^1.

To consider the following Motions on Notice under Standing Order 23:

Motions submitted for consideration directly by Council, in accordance with Standing Order 23.1

(i)        From Cllr Carr

York Police and Fire Services

‘Council is aware that proposals are being put forward to merge certain aspects of police and fire services in North Yorkshire and York, including control rooms and other services, under the oversight of the North Yorkshire Police and Crime Commissioner (PCC);

Council also understands that alternative suggestions to increase efficiencies are being put forward by the North Yorkshire Fire and Rescue Service;

Council supports more efficient and cost effective fire and police services and would welcome the clarification of claims put forward by proponents of both proposals; therefore

Council resolves to seek clarification from the PCC and the fire authority regarding their respective proposals and wishes to emphasise that it expects the final decision to be based on firm economic and management principles displaying clear financial and operational benefits and paying full regard to the safety of the residents of York.’

(ii)      From Cllr Reid

Grammar Schools

‘Council notes

The government’s green paper Schools that Work for Everyone includes plans to relax the ban against opening grammar schools, allow non-selective schools to introduce selection, and allow existing grammar schools to expand.

Research into grammar schools shows:

·        Grammars have no positive impact on social mobilityand the gap between the proportion of children on free school meals attaining 5 A*-C GCSEs (inc English and Maths) and all other children is wider in selective areas of the country (34.1%) than in non-selective areas (27.8%) (Education Policy Institute, 2016)

·        Less than 3% of pupils at existing grammar schools are eligible for free school meals, which compares with about 17% of pupils in grammar school areas as a whole (Sutton Trust, 2016)

·        Those in selective areas who don’t pass the 11-plus do worse than they would have done in a comprehensive system (Institute for Fiscal Studies, 2016).

The government’s proposals are opposed by, amongst others, the Chair of the Education Select Committee and the Chief of Ofsted. The Association of Teachers and Lecturers (ATL) called the green paper “a massive distraction from the real issues facing our education system”, the National Union of Teachers (NUT) said the plans would “take education back to the 1950s”, and the National Association of Head Teachers said “grammar schools don’t close the education gap, they widen it”.

Council believes

The education system needs to provide excellent schools for all our young people, not just those who pass an exam at 11. This has been the principle behind education in York since the abolition of grammar schools in 1985, and its success is shown by the consistently strong exam results achieved over the last 30 years;

The government should focus on improving attainment for all, giving existing schools in York a fair funding deal, and supporting initiatives such as the pupil premium - rather than spending £50million on grammar schools and undertaking another disruptive  ...  view the full agenda text for item 36.

Motions submitted for consideration directly by Council, in accordance with Standing Order 23.1

Councillor Carr and Council agreed to accept both Cllr Kramm’s and Aspden’s amendments to his motion related to York Police and Fire Services.

(i)           York Police and Fire Services

(proposed by Councillor Carr, seconded by Councillor Aspden)

“Council is aware that proposals are being put forward to merge certain aspects of police and fire services in North Yorkshire and York, including control rooms and other services, under the oversight of the North Yorkshire Police and Crime Commissioner (PCC);

Council also understands that alternative suggestions to increase efficiencies are being put forward by the North Yorkshire Fire and Rescue Service;

Council supports more efficient and cost effective fire and police services and would welcome the clarification of claims put forward by proponents of both proposals; therefore

Council resolves to seek clarification from the PCC and the fire authority regarding their respective proposals and wishes to emphasise that it expects the final decision to be based on firm economic and management principles displaying clear financial and operational benefits, and a fair and balanced publicconsultation about all the options in York and North Yorkshire, as well as

·        maintaining and enhancing the quality of both services

·        demonstrating how the needs of York and the safety of our residents will be protected

·        maintaining local-decision making and accountability to have support amongst key stakeholders and local communities’’

On being put to the vote the motion was CARRIED.

Resolved:  That the motion, as amended, be approved.^1.

(ii)          Grammar Schools

(proposed by Councillor Reid, seconded by Councillor Runciman)

‘Council notes

The government’s green paper Schools that Work for Everyone includes plans to relax the ban against opening grammar schools, allow non-selective schools to introduce selection, and allow existing grammar schools to expand.

Research into grammar schools shows:

·        Grammars have no positive impact on social mobilityand the gap between the proportion of children on free school meals attaining 5 A*-C GCSEs (inc English and Maths) and all other children is wider in selective areas of the country (34.1%) than in non-selective areas (27.8%) (Education Policy Institute, 2016)

·        Less than 3% of pupils at existing grammar schools are eligible for free school meals, which compares with about 17% of pupils in grammar school areas as a whole (Sutton Trust, 2016)

·        Those in selective areas who don’t pass the 11-plus do worse than they would have done in a comprehensive system (Institute for Fiscal Studies, 2016).

The government’s proposals are opposed by, amongst others, the Chair of the Education Select Committee and the Chief of Ofsted. The Association of Teachers and Lecturers (ATL) called the green paper “a massive distraction from the real issues facing our education system”, the National Union of Teachers (NUT) said the plans would “take education back to the 1950s”, and the National Association of Head Teachers said “grammar schools don’t close the education gap, they widen it”.

Council believes

The education system needs to provide excellent  ...  view the full minutes text for item 36.

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

In accordance with Standing Order 20. Members were then invited to question Cllr Carr and/or the Executive Members in respect of any matters within their portfolio responsibility. Questions were received from the floor from the following Members in relation to the subjects listed:

(i)        To Cllr Waller, Executive Member for Environment:

·        Cllr Williams  – York Civic Trust and litter in the city

·        Cllr Williams – Cllr Waller’s comments in relation to the Civic Trust’s Annual report and litter

·        Cllr D’Agorne – Civic Trust discussions and recycling facilities in the city

·        Cllr N Barnes –cuts to front line street cleaning services and Ward Committee funding

·        Cllr Ayre – improvements in street cleaning in the Heworth Ward following devolved ward budgets

·        Cllr N Barnes –wards with low community participation and engagement leading to a two tier system

·        Cllr D Myers – waste budget overspending and future controls

·        Cllr Levene – structure of waste budget and devolved Ward budgets

·        Cllr D Myers – Pride in York fund and cuts to ground maintenance budget (Cllr Ayre’s portfolio)

(ii)         To Cllr Ayre, Executive Member for Leisure, Culture and Tourism:

·        Cllr Warters – invitation to Southbank Club question and answer session for city supporters of Rugby League

·        Cllr Warters – residents concerns in relation to Rugby League in the city

(iii)        To Cllr Aspden, Deputy Leader, Economic Development and Community Engagement:

·        Cllr Hunter – update on the Acomb Market Charter

(iv)       To Cllr Carr, Leader, Housing and Safer Neighbourhoods:

·        Cllr Derbyshire – net income to mortgage payments and cost of living in York

·        Cllr Derbyshire – affordability of housing in the city

Members responded directly to the questions put to them.

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

Council received a written report from Cllr Rawlings, Executive Member for Education, Children and Young People as set out in the agenda papers at pages 33 to 42.  

Cllr Rawlings moved, and Cllr Steward seconded receipt of the report.

Resolved:  That the report of the Executive Member for Education, Children and Young People be received and noted.

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

·        Cllr S Barnes – discussion on the ‘grammar schools’ motion with Members of Parliament

·        Cllr Lisle – Looked After Children figures continuing to fall

·        Cllr Kramm – three main priorities of the Executive Member over the next year

·        Cllr Doughty – the work of the Local Area Teams

·        Cllr Orrell – strategies for dealing with any ‘widening gaps’ in education standards

Cllr Rawlings responded directly to the question put to him.

To receive a report from Councillor Williams, 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 43 to 46 of the agenda papers, on the work of the Committee since the last report to Council in July 2016.

Resolved:  That the scrutiny report be received and noted.

Council considered the following recommendation of the Corporate and Scrutiny Management Policy and Scrutiny Committee from its meeting held on 9 May 2016.

58.    Transatlantic Trade and Investment Partnership (TTIP)

Recommended:  That Council be asked to reconsider part (i) of the motion detailed below in italics.

Reason:     To ensure that the motion referred to the committee by Full Council has been given due consideration.

‘Council notes that:

·     The European Union (EU) and the USA launched negotiations in July 2013 on a Transatlantic Trade and Investment Partnership (TTIP);

·     Negotiations continue, seeking to protect international investors, harmonise standards, reduce tariffs and open new markets throughout the EU and USA;

·     Services within TTIP includes not just private but also public services;

·     There has been no assessment of the potential impact on local authorities and their services;

·     There has been no scrutiny or consultation with City of York Council or other local government representatives such as the Local Government Association (LGA) and our local MPs for York Central or York Outer are also unable to scrutinise the negotiating documents;

·     Our twin municipality of Munster in Germany passed a resolution in 2014 to reject TTIP;

·     Our twin municipality of Dijon in France passed a resolution in 2014 to ask for the full involvement of local authorities in free trade negotiations and public disclosure of all texts on the TTIP negotiations.

Council believes that:

·        TTIP could have a significant impact on local services, employment, suppliers and decision-making;

·        A thorough impact assessment of TTIP on local authorities must be carried out before the negotiations can be concluded;

·        The proposed Investor State Dispute Settlement (ISDS) mechanism has been used by corporations to overturn democratic decisions by all levels of governments at significant public cost.  Local decision-making must be protected from ISDS;

·        The EU’s food, environmental and labour standards are better than those in the US and TTIP negotiations must raise and not lower these standards across the EU and USA;

·        Sourcing supplies and employment locally is important to strengthening local economies and meeting local needs.  TTIP must not impact on local authorities’ ability to act in the best interests of their communities.

Council resolves to:

Write to the Secretary of State for the Environment and Local Government, the Secretary of State for Business, Innovation and Skills, the MPs for York Central and York Outer and all Yorkshire and the Humber MEPs, as well as the Local Government Association, raising the serious concerns of the City of York Council about the potential impact of TTIP on our local authority and the secrecy of the negotiating process”

Reason:         To ensure that the motion referred to the committee by Full Council has been given due consideration.

Councillor Craghill then moved and Councillor Kramm seconded the suspension of Standing Order 24.1 in order to amend the above TTIP recommendation in light of changes arising from Brexit.

On being put to the vote the suspension of Standing Orders was declared CARRIED.

An amendment was then proposed by Councillor D’Agorne  ...  view the full minutes text for item 40.

Cllr Runciman, as Chair of the Health and Wellbeing Board moved the following recommendation from the Board’s meeting held on 20 July 2016.

15.  Appointment to York’s Health and Wellbeing Board

Recommended: That Keith Ramsay, lay Chair of NHS Vale of York Clinical Commissioning Group be appointed as Vice Chair of the Health and Wellbeing Board. ^1.

Reason:              In order to make the appointment of a Vice-Chair to the Board.

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

Resolved:  That the above recommendation from the Health and Wellbeing Board meeting held on 21July 2016 be approved. 

To consider the appointments and changes to membership of an outside body set out on the list attached to this summons.

Resolved:  That the change in membership on Veritau, with the appointment of Cllr Carr to replace Cllr Steward as the City of York Council’s Director, be approved. ^1.