Local democracy during coronavirus

During coronavirus, we've made some changes to how we're running council meetings. See our coronavirus updates for more information on meetings and decisions.

Agenda and minutes

Venue: Remote Meeting

Items
No. Item

9.

Declarations of Interest

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.

 

Minutes:

Members were invited to declare at this point in the meeting any personal interests not included on the Register of Interests, or any prejudicial or disclosable pecuniary interests, which they might have in the business on the agenda.  No interests were declared.

 

10.

Exclusion of Press and Public

To consider the exclusion of the press and public from the meeting during consideration of Annexes B1 and B2 to Agenda Item 5 (Called-in Item: Update on the Asset Management Strategy 2017-2022), on the grounds that they contain information relating to the financial or business affairs of particular persons.  This information is classed as exempt under paragraph 3 of Schedule 12A to Section 100A of the Local Government Act 1972 (as revised by The Local Government (Access to Information) (Variation) Order 2006).

 

Minutes:

Resolved:  That the press and public be excluded from the meeting during consideration of Annexes B1 and B2 to Agenda Item 5(Called-in Item: Update on the Asset Management Strategy 2017-2022), on the grounds that they contain information relating to the financial or business affairs of particular persons (including the authority holding that information). This information is classed as exempt under Paragraph 3 of Schedule 12A to Section 100A of the Local Government Act 1972 (as revised by the Local Government (Access to Information) (Variation) Order 2006).

11.

Public Participation

At this point in the meeting members of the public who have registered to speak can do so. Members of the public may speak on agenda items or on matters within the remit of the committee.

 

Please note that our registration deadlines have changed to 2 working days before the meeting, in order to facilitate the management of public participation at remote meetings.  The deadline for registering at this meeting is 5:00pm on Thursday, 17 December 2020. 

 

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 the agenda.  

 

Webcasting of Remote Public Meetings

 

Please note that, subject to available resources, this remote 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've made some changes to how we're running council meetings. See our coronavirus updates (www.york.gov.uk/COVIDDemocracy) for more information on meetings and decisions.

 

Minutes:

It was reported that there had been one registration to speak at the meeting under the Council’s Public Participation Scheme.

 

Cllr K Taylor spoke on Agenda Item 5 (Called-In Item: Update on the Asset Management Strategy 2017-2022), as a Ward Member for Holgate.  He spoke in support of the call-in, expressing concerns over the type of accommodation to be provided on the site and the record of the proposed provider.

 

Written comments on Item 5, also supporting the call-in, had been received from another Holgate Ward Member, Cllr Heaton, and circulated to Members before the meeting.

12.

Minutes pdf icon PDF 128 KB

To approve the minutes of the meeting held on 15 September 2020.

Minutes:

Resolved:  That the minutes of the meeting held on 15 September 2020 be approved as a correct record, to be signed by the Chair at a later date.

13.

Called-in Item: Update on the Asset Management Strategy 2017-2022 pdf icon PDF 280 KB

To consider one of the decisions made by the Executive on 26 November 2020 in relation to the above item, which has been called in by Councillors Melly, Perrett and K Taylor in accordance with the Council’s Constitution.

 

A cover report is attached setting out the reasons for the call-in and the remit and powers of the Customer & Corporate Services Scrutiny Management Committee (Calling-In) in relation to the call-in, together with the original report and the decisions of the Executive.

 

Additional documents:

Minutes:

Members considered a report which set out the reasons for the call-in of one of the decisions made by Executive on 26 November 2020 in respect of the Asset Management Strategy, along with the Committee’s remit and powers in relation to the call-in.

 

The relevant decision was highlighted in the Decision Sheet at Annex 1 to the report.  The original report to Executive was attached as Annex 2.  The decision, which related to the disposal of Oakhaven, had been called in by Cllrs Melly, Perrett and K Taylor for the following reason:

 

“A failure to properly assess alternative options, including, following an earlier commitment, consulting the Health and Adult Social Care Policy and Scrutiny Committee on various options, in order to make best use of a site for elderly people’s living in a sustainable location.”

 

Under with the provisions of the council’s constitution and the requirements of Local Government Act 2000, the following options were available:

·        A – not to refer the matter to Executive, in which case the original decision would be confirmed, or

·        B - refer the matter to Executive with specific recommendations.

 

Cllr Melly addressed the committee on behalf of the Calling-In Members, explaining in more detail the reasons for the calling-in, and responding to questions put by Members.  The Executive Member for Finance & Performance then outlined the reasons for the original decisions, and responded to Members’ questions.  A short break followed, after which questions were put to officers responsible for the report at Annex 2.  During the question and answer sessions, Members were advised that:

·        The Health Scrutiny Committee had not considered the matter as planned, due to cancellation of their meeting in March 2020 and the item being subsequently overlooked; however, this did not invalidate the Executive’s decision.

·         Steps were being taken to respond to the advice offered by Members when they considered the Executive report at the meeting of CCSMC on 23 November.

·         All processes had been correctly followed when identifying the site for disposal; a holistic approach was taken, with no one objective (such as capital receipts) taking precedence.

·         High-level due diligence had taken place in respect of the proposed disposal.

 

Members then moved into private session to ask questions on the exempt annexes. Following the return to the public session, Cllr Kilbane moved, and Cllr Pavlovic seconded, that Option B be approved.  Cllr Hollyer then moved, and Cllr Pearson seconded, that Option A be approved.  A named vote was taken on the first motion, in respect of which Cllrs Kilbane, Pavlovic and Crawshaw voted in favour, while Cllrs Fenton, Daubeney, Hollyer, Pearson and Waudby voted against. That motion was therefore declared lost and the motion to approve Option A was declared carried without the need for a vote.

 

Members went on to consider whether they wished to make any additional decisions or observations arising from their debate.  Following this discussion, it was

 

Resolved:  (i)     That Option A be approved and that the original decision not be referred back to the Executive for  ...  view the full minutes text for item 13.

 

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