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.

At this point in the meeting, Members were asked to declare any personal interests not included on the register of interests, any prejudicial interests or any disclosable pecuniary interests which they might have in respect of the business on the agenda. No additional interests were declared.

It is at this point in the meeting that members of the public who have registered to speak can do so.  The deadline for registering is 5.00pm on Thursday 25 September 2014.  Members of the public can speak on agenda items or matters within the remit of the committee.

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

Filming, Recording or Webcasting Meetings

Please note this meeting may be filmed and webcast or audio recorded and that includes any registered public speakers, who have given their permission.  The broadcast can be viewed at http://www.york.gov.uk/webcasts  or,if sound recorded, this will be uploaded onto the Council’s website following the meeting.

Residents are welcome to photograph, film or record Councillors and Officers at all meetings open to the press and public. This includes the use of social media reporting, i.e. tweeting.  Anyone wishing to film, record or take photos at any public meeting should contact the Democracy Officer (whose contact details are at the foot of this agenda) in advance of the meeting.

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/downloads/download/3130/protocol_for_webcasting_filming_and_recording_of_council_meetings

It was reported that there had been four registrations to speak at the meeting under the Council’s Public Participation Scheme and that the Cabinet Leader had also requested to speak.

Jason McGill, Chairman of York City Football Club (YCFC) addressed the committee. He explained in detail to the committee what the consequences of delaying the project would be for the club. He stated that the new Community Stadium would provide a sustainable future for the club together with increased commercial opportunities which would not just benefit the professional sports teams but also the wider community.

Frank Ormston, Chair of York Minstermen, one of York City’s supporters’ groups, addressed the committee. He stressed that the new stadium was a necessity for the survival of the football club which would give it the chance it needed to survive and prosper and remain as a community asset for generations to come. He expressed the view that the new, well planned and sustainable stadium would provide a viable home for both professional sports clubs and would help propel professional sport in the city in the future.

Fiona Evans spoke on behalf of Yearsley Pool Action Group (YPAG). She stated that the proposals threatened not only the future of Yearsley Pool but also had potentially damaging consequences for the future provision of water sports and fitness swimming across the entire city and region. She expressed concerns that the decision had been rushed through without the necessary consultation with user groups and without accurate and relevant information being provided to councillors and the wider public.  She stressed the enormous health, safety and sporting benefits the large pool provided to the community and the hope that it would be preserved for the well being of future generations.

Patrick Crowley, Chief Executive of the York Teaching Hospital NHS Foundation Trust addressed the committee.  He stated that the new stadium and community hub would allow the hospital to deliver services, both independently and in partnership with York St John University and City of York Council as well as providing training and development opportunities. Expertise and costs could be shared as partnership arrangements extended to the public sector and other community focused organisations in and around the city. The new complex would enable the delivery of health related services in an integrated way, in a high quality and modern venue and in an accessible location.

Councillor Alexander, Cabinet Leader, responded in detail to concerns which had been raised. He advised that the community facilities would provide a community destination residents could be proud of and they would create the financial viability for the stadium to operate and be self sustainable. With regard to the future of Yearsley Pool, he had advised YPAG and publically that there were no plans to close this pool, but that a review would take place and the council would work with the community and Greenwich Leisure Limited (GLL) to reduce the ongoing public subsidy. As part of the detailed planning application, there would  ...  view the full minutes text for item 11.

To approve and sign the minutes of the last meeting of the Committee held on 27 August 2014.

Resolved:  That the minutes of the last meeting of the Committee held on 27 August 2014 be confirmed as a correct record and signed by the chair.

To consider the decisions made by the Cabinet at their meeting held on 9 September 2014 in relation to the above item, which has been called in by Cllrs Ayre, Cuthbertson and Orrell 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 Corporate and Scrutiny Management Committee (Calling-In) in relation to the call-in, together with the original report and the decisions of Cabinet.

Members received a report which asked them to consider the decisions made by the Cabinet at their meeting on 9 September 2014 in relation to the procurement for the Community Stadium and City Leisure Facilities contract. The report reminded Members that the call in reasons did not include Cabinet’s separate recommendation to Council for the approval of £4m Prudential Borrowing for capital investment in replacement leisure facilities as call in rules did not apply to matters referred to Council for decision.

Two pieces of information had been circulated to the committee in advance of the meeting. The first of these was a statement from Patrick Crowley, Chief Executive of York Teaching Hospital NHS Foundation Trust, in support of the scheme. The second was an email from Councillor Brian Watson, Independent Guildhall Ward Councillor, in which he expressed his support for the original scheme but raised concerns at the new proposals including concerns over the future of swimming in the city and the introduction of retail and its effect on the city centre.

Details of the Cabinet’s decision were attached as Annex A to the report and the original report to the Cabinet meeting attached as Annex B.

The decision had been called in by Councillors Ayre, Cuthbertson and Orrell on the following grounds:

·        The failure to publish a business plan, an analysis of the four bids or any detail on the commercial land deal.

·        The failure to consult key groups such as the users of Waterworld or local residents in Huntington.

·        The lack of any evidence of genuine community input on the proposals or proper cross-party discussion.

·        The failure to commit to keeping Yearsley Pool open in the long-term.

·        The concerns raised publically by the chairman of York City of York Council Knights.

·        The lack of an assessment of the impact the new proposals will have on the city centre.

Councillor Cuthbertson addressed the meeting on behalf of the calling in Members. He explained that they had called in the decision due to the failure to engage with residents and elected members and a failure to put forward proposals with a proper public business case or proof that they offered value for money. He raised concerns about the outcome of the procurement process, the future of York City Knights and that Huntington residents had not been consulted and users of Waterworld had not been consulted with regard to the future of swimming facilities in York. He sought a commitment to keeping Yearsley open long term and to consult residents with regard to current proposals.  In response to a question from Members, he confirmed that the reason for calling in the decision had been to get access to the information at the point of decision and not to delay the project.

Councillor Crisp, Cabinet Member for Leisure, Culture and Tourism, responded in some detail to each of the reasons for call . She advised that due diligence had been undertaken by the project team and the council’s finance and legal  ...  view the full minutes text for item 13.