Agenda, decisions 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 asked 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, that they might have in the business on the agenda.  No additional interests were declared.

To consider the exclusion of the press and public from the meeting during consideration of the following:

‘Confidential’ Annexes 1, 2, 3, 4 and 5 to Agenda Item 9 (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).

Resolved:  That the press and public be excluded from the meeting should any discussion or questions arise upon ‘Confidential’ Annexes 1, 2, 3, 4 and 5 to agenda item 9 (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).

To approve the minutes of the last Executive meeting, held on 22 October 2020.

Resolved:  That the minutes of the Executive meeting held on 22 October 2020 be approved as a correct record, to be signed by the Chair at a later date.

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.

It was reported that there had been 10 registrations to speak at the meeting under the Council’s Public Participation Scheme.

The following spoke on Agenda Item 7 (The Future of the Extended City Centre Footstreets):

Anelka Houston read a statement on behalf of the York Disability Rights Forum, arguing that removal of the parking exemption for Blue Badge holders on some streets was in breach of the Equality Act and the council’s own Equality Strategy.

Bernadette Cullen, as a disabled person who cycled to work in the city centre, questioned why bicycles were prohibited in the footstreets whereas disability scooters were not.

Alison Hume presented a petition signed by 1,100 people calling on the council to allow Blue Badge holders to park on the recently closed footstreets pending conclusion of a consultation process.

John Pybus, Landlord of the Blue Bell and a member of Fossgate Traders Association called for the pedestrianisation of Fossgate to be made permanent, following a survey of businesses and residents.

Natasha Rawnsley explained the impact of the restrictions on her ability to access the city centre independently, due to the removal of Blue Badge parking on Goodramgate and Blake Street.

Jane Burton stated that the proposals showed a lack of understanding of the needs of disabled people and breached the Equalities Act. She suggested that Blue Badge holders be given access via fobs to raise street barriers.

Cllr Fitzpatrick, a Member for Guildhall Ward, supported the principle of footstreets / pedestrianisation in some areas but called for better consultation moving forward with hospitality, retail and residents – three groups with different needs - as well as with ward councillors.

Written comments on item 7 were received from:

·        Mick Phythian, a local resident and husband of a Blue Badge holder, objecting to the proposals;

·        Jan Keenan, the owner of a business on Castlegate, supporting the proposals;

·        Andrew Lowson, Executive Director of York Business Improvement District (BID), supporting the proposals.

Written comments on Agenda Item 8 (York Railway Station Gateway - Funding  and Delivery) were received from Alan Robinson, of York Bus Forum, seeking consideration within the project of first steps towards a high-class bus interchange.

The following spoke on Agenda Item 9 (Update on the Asset Management Strategy 2017-2022):

David Finch, Chair of the Friends of Leeman Park, welcomed the proposals in respect of the Riverside Path (paragraph 32 of the report), asking that the S106 improvements be completed before the York Central development began.

Cllr K Taylor, a Member for Holgate Ward, also supported the Riverside Path proposals, suggesting that the S106 improvements be built into the lease, but urged that the disposal of Oakhaven (paragraphs 54-63) be postponed pending receipt of the update promised to the Health & Adult Social Care Scrutiny Committee in February.

Written comments on item 9 were received from Sue Cooke, a local resident, seeking deferral of the disposal of Oakhaven.

James Mason spoke on Agenda Item 10 (City of York Council’s Relationship with Welcome to  ...  view the full minutes text for item 56.

To receive details of those items that are listed on the Forward Plan for the next two Executive meetings.

Members received and noted details of the items that were on the Forward Plan for the next two Executive meetings at the time the agenda was published.

The Chief Operating Officer to present an update report for November on the council’s activities both directly in response to Covid-19 and to support recovery and renewal.

Resolved:  That the contents of the report, and the further information provided at the meeting, be noted.

The Chief Operating Officer presented a report which provided an update on the council’s activities in response to Covid-19, both directly and to support recovery and renewal.

The report outlined the national restrictions that had come into force on 5 November and were anticipated to remain in place until 2 December.  Updates in respect of economic, communities and corporate recovery were set out in paragraphs 12-21, 22-29 and 30-32 respectively.  The economic update included details of the latest government grants for businesses.  Information on how to apply for these would be available soon.

The Chair announced that York was to move to Tier 2 once the national lockdown was over.  He thanked everyone in the city for their part in reducing the number of Covid cases in York to the lowest in the region and below the national average, confirming that the council would be lobbying government to move York to Tier 1 when the situation was reviewed on 16 December.

The Director of Public Health provided a further update, explaining the rationale behind the government’s decision on tiers, which was based on 5 key indicators across each area. Only Cornwall, the Scilly Isles and the Isle of Wight were in Tier 1.  York was grouped with North Yorkshire, where in some places, such as Scarborough and Selby, case numbers were falling more slowly.  The case rate in York was currently 132 per 100,000 and the positivity rate was 7%-8%.  The aim was to reduce this to 4%-5%, by continuing handwashing and social distancing practices and expanding the effective local testing and tracing processes already in place.

Resolved:  That the contents of the report, and the further information provided at the meeting, be noted.

The Corporate Director of Economy and Place to present a report which reviews the temporary extension of the city centre footstreets in response to Covid-19, the mitigations in place for those who have been affected by the revised footstreets, and whether any of the temporary measures should be made permanent, in view of the feedback received and future strategic priorities.

Resolved:  (i)      That the temporary Traffic Regulation Order (TRO) for the phase 1 footstreet extensions be extended until the end of September 2021 in response to Covid-19, with a staffing cost of £20k.

Reason:     To allow social distancing and the use of pavement café licences on major footfall routes through the city centre during the ongoing pandemic, in response to the government’s Safer Public Places guidance.

                   (ii)      That the temporary TRO for Castlegate and Fossgate be continued until the end of September 2021 in response to Covid-19, with a staffing cost of £80k for Fossgate.

Reason:     To allow the continued operation of the 22 pavement café licences that the temporary footstreets have facilitated, enabling businesses to operate under the social distancing measures required by Covid-19.

                   (iii)     That approval be given to fund the costs of these measures from Transport Recovery budgets in 2020/21, including ‘Re-opening the High Street’ funding.

                   (iv)    That the need to identify the £60k ongoing costs relating to 2021/22 as a one-off cost pressure in the 2021/22 budget be accepted.

Reason:     To ensure that cost proposals are funded within council budgets.

(v)     That the TRO from Monk Bar through to College Green and Deansgate be ended, as from 26 November 2020.

Reason:     To remove temporary access restrictions and re-instate parking capacity for Blue Badge holders on double yellow lines and loading at the very edge of the footstreet area.

                   (vi)    That the temporary extension of the footstreet hours to 8:00 pm be continued until September 2021, except when hospitality venues are required to close due to Covid-19 restrictions, when the hours will revert to 10:30 am – 5:00 pm.

Reason:     To allow pavement café licences to operate in the early evening when hospitality venues are open, and to facilitate the increased demand for food and takeaways when they are required to close.

                   (vii)    That the mitigation measures set out in paragraph 41 for Blue Badge holders and businesses affected by the temporary footstreet extensions be approved.

Reason:     To reduce the impact on those groups that have been affected by the temporary footstreet extensions.

                   (viii)   That the process to make Castlegate and the phase one footstreets permanent be initiated, and authority delegated to the Executive Member for Transport to make decisions on the final proposals, mitigations and process.

Reason:     To reduce the vehicle / pedestrian conflict on the high footfall phase one streets, ensure that the permanent footstreet areas correspond with the full extent of the City Centre Access project to allow hostile vehicle attack measures to be brought forward in a single stage, and make permanent the temporary measures on Castlegate in accordance with the Castle Gateway masterplan.

                   (ix)    That a full strategic review be undertaken of the city centre’s parking and disabled offer, as set out in the report, to be completed by Summer 2021 at a cost of up to £40k from the existing footstreet engagement and Local Transport Plan 4 budgets.

Reason:     To ensure that the permanent footstreet extensions set out above  ...  view the full decision text for item 59.

The Assistant Director of Transport, Highways & Environment presented a report which reviewed the temporary extension of the city centre footstreets introduced in response to Covid-19 and considered whether any of the temporary measures should be made permanent, in the light of feedback received and future strategic priorities.

The report set out the benefits of the revised footstreets, the negative impact of the revisions on some, initial mitigations of that impact and the in-depth engagement carried out with those affected.  This had identified that the principle of extending the footstreets was supported by a majority of respondents, including those residents who identified as disabled. It was proposed to continue most of the temporary footstreet extensions until the end of September 2021, corresponding with the end of temporary government measures to support businesses.  However, restrictions would be removed from the Monk Bar to College Green and Deangate area, enabling Blue Badge holders to park closer to the city centre.

Members welcomed the proposals, while acknowledging the issues raised at the meeting under Public Participation.  In response to these, attention was drawn to the measures set out in paragraphs 44 and 56 of the report, and it was confirmed that the engagement process would continue and the Equality Impact Assessment be kept under review.

Resolved:  (i)      That the temporary Traffic Regulation Order (TRO) for the phase 1 footstreet extensions be extended until the end of September 2021 in response to Covid-19, with a staffing cost of £20k.

Reason:     To allow social distancing and the use of pavement café licences on major footfall routes through the city centre during the ongoing pandemic, in response to the government’s Safer Public Places guidance.

                   (ii)      That the temporary TRO for Castlegate and Fossgate be continued until the end of September 2021 in response to Covid-19, with a staffing cost of £80k for Fossgate.

Reason:     To allow the continued operation of the 22 pavement café licences that the temporary footstreets have facilitated, enabling businesses to operate under the social distancing measures required by Covid-19.

                   (iii)     That approval be given to fund the costs of these measures from Transport Recovery budgets in 2020/21, including ‘Re-opening the High Street’ funding.

                   (iv)    That the need to identify the £60k ongoing costs relating to 2021/22 as a one-off cost pressure in the 2021/22 budget be accepted.

Reason:     To ensure that cost proposals are funded within council budgets.

(v)     That the TRO from Monk Bar through to College Green and Deansgate be ended, as from 26 November 2020.

Reason:     To remove temporary access restrictions and re-instate parking capacity for Blue Badge holders on double yellow lines and loading at the very edge of the footstreet area.

                   (vi)    That the temporary extension of the footstreet hours to 8:00 pm be continued until September 2021, except when hospitality venues are required to close due to Covid-19 restrictions, when the hours will revert to 10:30 am – 5:00 pm.

Reason:     To allow pavement café licences to operate in the early evening when hospitality  ...  view the full minutes text for item 59.

The Corporate Director of Economy and Place to present a report which provides an update on the current status of the Station Frontage project and seeks approval for a phased approach to delivery and a series of actions enabling progress while mitigating the risks to the council.

Resolved:  (i)      That the scope, budget, delivery and procurement strategy of the project be approved.

Reason:     To enable arrangements to be put in place to purchase land, place orders with utility companies and proceed with the detailed design and procurement of Packages 1, 2 and 4 of the scheme.

                   (ii)      That the Station Gateway budget be increased by £12.250m to reflect the WYCA Transforming Cities grant funding.

Reason:     To ensure that the capital programme reflects the latest funding position.

                   (iii)     That authority be delegated to the Corporate Director of Economy & Place, in consultation with the s151 Officer and the Director of Governance or her delegated officers, to draw down further funds from the West Yorkshire-Plus Transport Fund to complete the land purchase negotiations and take such steps as are necessary to enter into the resulting legal agreement(s).

Reason:     In order to acquire land from Canada Life (George Stephenson House) and Network Rail to enable the delivery of the scheme.

                   (iv)    That authority be delegated to the Corporate Director of Economy & Place, in consultation with the s151 Officer and the Director of Governance or her delegated officers, to draw down funds from West Yorkshire-Plus Transport fund to place orders with utility companies to fund Package 1: Enabling Works (package value £2.04m) to divert services from Queen Street Bridge through the station car park.

Reason:     To enable delivery of Package 1: Enabling Works.

                   (v)     That authority be delegated to the Corporate Director of Economy & Place, in consultation with the s151 Officer and the Director of Governance or her delegated officers, to draw down funds from West Yorkshire-Plus Transport fund to issue a task order to commence detailed design of the scheme.

Reason:     To enable the production of detailed cost plans and to progress the scheme to procurement.

The Assistant Director of Transport, Highways & Environment presented a report which provided an update on the current status of the Station Gateway project and sought approval for a phased delivery approach to the project and a series of actions to allow progress while mitigating the risks to the council.

Key milestones and current activity on the project were set out in paragraphs 20-28 of the report.  In spring, the project team and the development consultant, Arup, had submitted an addendum to the 2018 planning application to address issues raised in the original planning consultation.  A planning decision was expected in December 2020 or January 2021.  The team had also worked with partners to agree a preferred delivery strategy, as attached at Annex 1.  This aligned with the current funding profiles by proposing five Packages of work, as described in paragraph 21, with LNER having agreed in principle to deliver Package 3.

The Chair noted the progress made on the project after extensive consultation, welcomed the external funding secured, and thanked all those involved in bringing the project to this stage.

Resolved:  (i)      That the scope, budget, delivery and procurement strategy of the project be approved.

Reason:     To enable arrangements to be put in place to purchase land, place orders with utility companies and proceed with the detailed design and procurement of Packages 1, 2 and 4 of the scheme.

                   (ii)      That the Station Gateway budget be increased by £12.250m to reflect the WYCA Transforming Cities grant funding.

Reason:     To ensure that the capital programme reflects the latest funding position.

                   (iii)     That authority be delegated to the Corporate Director of Economy & Place, in consultation with the s151 Officer and the Director of Governance or her delegated officers, to draw down further funds from the West Yorkshire-Plus Transport Fund to complete the land purchase negotiations and take such steps as are necessary to enter into the resulting legal agreement(s).

Reason:     In order to acquire land from Canada Life (George Stephenson House) and Network Rail to enable the delivery of the scheme.

                   (iv)    That authority be delegated to the Corporate Director of Economy & Place, in consultation with the s151 Officer and the Director of Governance or her delegated officers, to draw down funds from West Yorkshire-Plus Transport fund to place orders with utility companies to fund Package 1: Enabling Works (package value £2.04m) to divert services from Queen Street Bridge through the station car park.

Reason:     To enable delivery of Package 1: Enabling Works.

                   (v)     That authority be delegated to the Corporate Director of Economy & Place, in consultation with the s151 Officer and the Director of Governance or her delegated officers, to draw down funds from West Yorkshire-Plus Transport fund to issue a task order to commence detailed design of the scheme.

Reason:     To enable the production of detailed cost plans and to progress the scheme to procurement.

The Interim Director of Place to present a report which sets out progress against the delivery of the council’s Asset Management Strategy for the period 2017-2022, and seeks approval for proposed amendments to the Strategy and a series of proposals for lease disposal and acquisition.

Resolved:  (i)      That the amended revisions to the Strategy be approved, and adopted to shape future asset decisions for which this report will form the ‘Corporate Asset Strategy 2020-2025’.

                   (ii)      That the position on the land forming the river bank adjacent to Scarborough Bridge, as set out in the report, be noted.

                   (iii)     That approval be given to dispose of Oakhaven for the consideration set out in Annex 1 to the report in an off market sale with a backstop date for completion of 12 weeks and, should this backstop date not be achieved, to bring a further report back to Executive.

                   (iv)    That a viability appraisal be undertaken on the potential disposal of the Morrell House site as part of the Self Build programme and that a further report be brought to Executive to agree the disposal route.

                   (v)     That approval be given to dispose of the following properties / interests:

a)   Land at Lingcroft Lane, Naburn;

b)   2 former herdsmens’ cottages (103 Heslington Road and 159 Mount View), to be disposed of on the open market.

(vi)    That approval be given to release £120k from the HRA Housing Delivery Programme development fund into the capital budget to review Willow House and the adjacent estate, undertake public engagement and develop an outline business case for development within the Housing Delivery Programme.

(vii)    That approval be given to release £150k from the CYC York Central budget to review the council’s land holding on York Central, and develop an outline business case for development within the Housing Delivery Programme.

(viii)   That approval be given to lease 29 Castlegate as part of the commercial portfolio and to use the existing capital budget of £270k to undertake maintenance repairs to the property.

(ix)    That approval be given to lease the Guildhall Business Centre to the University of York / York Science Park Ltd. on the terms set out in the report, and that authority be delegated to the Corporate Director of Economy & Place (in consultation with the Director of Governance) to take such steps as are necessary to complete the list.

(x)     That approval be given to purchase the existing Haxby Ambulance station site within the agreed budget should it become available for sale within seven years of the transfer of Haxby Hall.

(xi)    That, should the purchase and lease to Yorkare of the ambulance station site proceed, its permitted use be restricted to a residential home within Use Class C2 of the Town and Country Planning (Use Classes) Order 1987, or use(s) ancillary to the operation of Haxby Hall as a residential home, for a period of at least 25 years from the transfer of Haxby Hall.

(xii)    That approval be given to dispose of the council’s shareholder interest in York Science Park Ltd. for £500k, and that authority be delegated to the Corporate Director of Economy & Place (in consultation with the Director of Governance or her delegated officers) to take such steps as are necessary to complete the disposal.

(xiii)   That  ...  view the full decision text for item 61.

[See also under Part B]

The Interim Director of Place presented a report which set out progress on delivery of the Asset Management Strategy for the period 2017-2022, and set out proposals for revisions to the Strategy, and a series of business cases for lease disposals and acquisitions to deliver further strategic benefits to the council.

Progress to date had exemplified progressive cross-public sector working and success in delivering the One Public Estate objectives. Revisions were proposed to objective 2 and principle (h) in the Strategy, as indicated in paragraph 7 of the report, to ensure alignment with the council’s net zero carbon target.  Paragraphs 15-128 reviewed the delivery of the Strategy, examining the council’s operational estate, community assets, assets for housing delivery and commercial assets in the light of the potential future impact of Covid-19 and other considerations.

In supporting the proposals, the Executive Member for Finance & Performance indicated that he would be receiving reports to future Decision Sessions on asset management, to promote a better understanding of the operation of the estate as a whole.  Having noted the comments made under Public Participation, and taking into account the recommendations of the Customer & Corporate Services Scrutiny Management Committee following  consideration of the report at their meeting on 23 November, it was

Resolved:  (i)      That the amended revisions to the Strategy be approved, and adopted to shape future asset decisions for which this report will form the ‘Corporate Asset Strategy 2020-2025’.

                   (ii)      That the position on the land forming the river bank adjacent to Scarborough Bridge, as set out in the report, be noted.

                   *(iii)   That approval be given to dispose of Oakhaven for the consideration set out in Annex 1 to the report in an off market sale with a backstop date for completion of 12 weeks and, should this backstop date not be achieved, to bring a further report back to Executive.

                   (iv)    That a viability appraisal be undertaken on the potential disposal of the Morrell House site as part of the Self Build programme and that a further report be brought to Executive to agree the disposal route.

                   (v)     That approval be given to dispose of the following properties / interests:

a)   Land at Lingcroft Lane, Naburn;

b)   2 former herdsmens’ cottages (103 Heslington Road and 159 Mount View), to be disposed of on the open market.

(vi)    That approval be given to release £120k from the HRA Housing Delivery Programme development fund into the capital budget to review Willow House and the adjacent estate, undertake public engagement and develop an outline business case for development within the Housing Delivery Programme.

(vii)    That approval be given to release £150k from the CYC York Central budget to review the council’s land holding on York Central, and develop an outline business case for development within the Housing Delivery Programme.

(viii)   That approval be given to lease 29 Castlegate as part of the commercial portfolio and to use the existing capital budget of £270k to undertake maintenance repairs to  ...  view the full minutes text for item 61.

The Corporate Director of Economy and Place to present a report which reviews the role of Welcome to Yorkshire (WTY) in promoting York and Yorkshire to potential visitors, outlines current funding arrangements, and seeks approval for a financial contribution and proposed governance, monitoring and review arrangements to underpin this.

Resolved:  (i)      That a contribution of £55,378 be made to Welcome to Yorkshire, funded from the council’s share of the estimated final surplus balance from the 2019/20 North and West Yorkshire Business Rates Pool, to support delivery of the WTY short-term business plan in 2020/21 and the outputs, outcomes, governance and monitoring arrangement set out in Annex B to the report.

                   (ii)      That the proposal to further strengthen partnership working, and better reflect the pivotal relationship between York and Yorkshire in tourism promotion, be approved.

                   (iii)     That it be noted that York’s tourism sector relies on both Welcome to Yorkshire and Make it York to promote the city, and that the two organisations are mutually dependent in their work to promote York and Yorkshire to potential visitors.

Reason:     To provide funding to enable WTY to continue trading in the current year, subject to performance assessments against the Service Level Agreement, promote better joint working, and promote a clearer relationship between WTY and MiY which avoids duplication of effort.

The Corporate Director of Economy & Place / Head of Economic Growth presented a report which reviewed the role of Welcome to Yorkshire (WTY) in promoting York and Yorkshire to potential visitors and set out a request from WTY for funding to replace that previously sought from the West and North Yorkshire Business Rates Pool.

WTY had a similar role to Visit York, but focused at county rather than city level. It had launched its ‘reopen, recover, rebuild’ recovery plan, attached at Annex A to the report, on 19 June and had supported Make It York (MIY) and the tourism sector in adapting to the post-pandemic environment. Working more closely with WTY could benefit MIY and York. In addition to the annual subscriptions paid to it via the Business Rates Pool, WTY had expected to receive £1m from the Pool in 2020/21.  After a difficult year, they were seeking £1.4m in total from local authorities and National Parks in Yorkshire, in part to replace this. The request from York was for £55,378, with a supporting service specification (Annex B); this was recommended for approval.

In supporting the recommendations, the Executive Member for Culture, Leisure & Tourism drew attention to the crucial role of the tourism sector in the recovery programme for the city and thanked all those working in the sector in York.

Resolved:  (i)      That a contribution of £55,378 be made to Welcome to Yorkshire, funded from the council’s share of the estimated final surplus balance from the 2019/20 North and West Yorkshire Business Rates Pool, to support delivery of the WTY short-term business plan in 2020/21 and the outputs, outcomes, governance and monitoring arrangement set out in Annex B to the report.

                   (ii)      That the proposal to further strengthen partnership working, and better reflect the pivotal relationship between York and Yorkshire in tourism promotion, be approved.

                   (iii)     That it be noted that York’s tourism sector relies on both Welcome to Yorkshire and Make it York to promote the city, and that the two organisations are mutually dependent in their work to promote York and Yorkshire to potential visitors.

Reason:     To provide funding to enable WTY to continue trading in the current year, subject to performance assessments against the Service Level Agreement, promote better joint working, and promote a clearer relationship between WTY and MiY which avoids duplication of effort.

The Corporate Director of People to present a report which seeks approval for a variation and extension to an existing contract with Hexagon Care Services, for the provision of residential care for young people.

Note: This item has been included on the agenda under urgency procedures, as a key decision listed on the Forward Plan for less than 28 days before the meeting date.  This is because the recommended course of action had not been confirmed as a possibility in time to meet this deadline and the existing contract will expire on 7 December.  A notice under Regulation 10 has been published on the council’s website. 

Resolved:  (i)      That approval be given to extend and vary the contract with Hexagon Care Services to facilitate a three-bed residential care provision for children with particularly complex needs.

                   (ii)      That authority be delegated to the Corporate Director of People (in consultation with the Director of Governance or her delegated officers) to take such steps as are necessary to enter into the resulting agreement.

Reason:     This provision is required to support sufficiency of places for vulnerable young people in the council’s care.  Providing care for vulnerable children in the city rather than elsewhere results in better outcomes for children and more efficient use of council resources.

The Corporate Director of People presented a report which sought approval for a variation to and extension of an existing contract with Hexagon Care Services (Hexagon), for the provision of residential care for young people.

This item had been added late to the Forward Plan under urgency procedures, because a decision was required before expiry of the existing contract on 7 December and the recommended course of action had not been confirmed within 28 days of the meeting.

A shortage of available accommodation in York for children with complex needs meant it was likely that new out-of-area placements would be needed.  Such placements were more expensive and often not appropriate for young people.  Extensive discussions had been held with Hexagon on the possibility of their providing beds with support for complex needs at Wenlock Terrace in Fulford.  Suitable confirmation had now been received and this was the recommended option (Option 1).  The following alternative options were available, but not recommended:

Option 2 – allow the contract with Hexagon to end.  This was likely to increase out of area placements.

Option 3 – tender for an alternative provider.  The time frame for procurement would not fit with that for children’s needs.

Resolved:  (i)      That approval be given to extend and vary the contract with Hexagon Care Services to facilitate a three-bed residential care provision for children with particularly complex needs (Option 1).

                   (ii)      That authority be delegated to the Corporate Director of People (in consultation with the Director of Governance or her delegated officers) to take such steps as are necessary to enter into the resulting agreement.

Reason:     This provision is required to support sufficiency of places for vulnerable young people in the council’s care.  Providing care for vulnerable children in the city rather than elsewhere results in better outcomes for children and more efficient use of council resources.

The Chief Operating Officer to present a report which provides details of the council’s overall finance and performance position for the period 1 April 2020 to 30 September 2020, together with an overview of any emerging issues.

Resolved:  That the finance and performance information and the actions needed to manage the financial position be noted.

Reason:     To ensure that expenditure is kept within the approved budget.

The Chief Operating Officer presented a report which provided details of the council’s overall finance and performance position for the period 1 April to 30 September 2020.

The Covid-19 pandemic continued to have a significant impact on the financial position, as summarised in paragraph 3, with additional costs of some £10m as reported in October.  Government grant of £12m had been awarded to date, with the Income Compensation Scheme potentially providing a further £4m.  Despite the additional funding described in paragraphs 5-7 of the report, an ongoing impact in future years was still expected and efforts to urge government to ‘Back York’ had been stepped up.

The gross financial pressures facing the council were now projected at £8.6m.  After mitigation and further action, as outlined in the report and Annex 1, it was considered that this could be brought down to a net position of £2.8m by the year end.  The council had £7.4m general reserves to call upon should the outturn not be within the approved budget, but it was important to maintain reserves at an appropriate level in 2021/22 and beyond. 

Performance against the core indicators in the Council Plan was set out in paragraphs 33-37 of the report and in Annex 2.  Those indicators showing a direct adverse effect from Covid-19 were listed in paragraph 35.  Further significant changes were likely to be seen in future reports as new data became available.

The Chair highlighted the scale of the challenge facing all councils in terms of setting their budgets and noted that, while the increase in spending power was welcome, it would mostly be funded from council tax increases.  Lobbying efforts for government investment in the city would continue.

Resolved:  That the finance and performance information and the actions needed to manage the financial position be noted.

Reason:     To ensure that expenditure is kept within the approved budget.

The Chief Finance Officer to present a report which sets out the projected outturn position for 2020/21, including any under-spends,  over-spends and adjustments, along with requests to re-profile budgets to and from current and future years.

Resolved:  (i)      That the 2020/21 revised budget of £144.683m, as set out in Table 1 at paragraph 6 of the report, be noted.

                   (ii)      That the re-stated capital programme for 2020/21-2024/25, as set out in Table 2 at paragraph 43, be noted.

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

[See also under Part B]

The Chief Finance Officer presented a report which set out the projected out-turn position of the capital programme for 2020/21, including any under-spends, over-spends and adjustments, along with requests to re-profile budgets to and from current and future years.  The report did not reflect the capital schemes in the Asset Management Strategy update at Agenda Item 9; these would be included in the Monitor 3 report in February.

A decrease of £36.538m on the current approved programme was reported, resulting in a revised programme for 2020/21 of £144.683m. Variances against each portfolio area were set out in Table 1 at paragraph 11 of the report and detailed in paragraphs 12-42.

As reported on 1 October, work had been carried out to review the programme in the light of the Covid-19 pandemic, and the financial assumptions for all schemes would continue to be closely monitored.  Despite the disruption caused by the pandemic, progress had still been made in a number of areas, including purchase of land for the Northern Forest, roll-out of ICT for home working, and reservations of 20 of the 24 new build properties at Lowfield Green. 

The Executive Member for Finance & Performance highlighted significant progress made on schemes within the programme, including school improvements, the Centre of Excellence for Disabled Children, housing at Duncombe Barracks, the Guildhall, and the Community Stadium.

Resolved:  (i)      That the 2020/21 revised budget of £144.683m, as set out in Table 1 at paragraph 11 of the report, be noted.

                   (ii)      That the re-stated capital programme for 2020/21-2024/25, as set out in Table 2 at paragraph 43, be noted.

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

The Chief Finance Officer to present a report which provides an update on Treasury Management activity and Prudential Indicators for the period 1 April 2020 to 30 September 2020.

Resolved:  (i)      That the Treasury Management activities to date in 2020/21 be noted.

                   (ii)      That the Prudential Indicators set out in Annex A to the report, and the compliance with all indicators, be noted.

Reason:     To ensure the continued performance of the council’s Treasury Management function.

The Chief Finance Officer presented a report which provided an update on Treasury Management activity and Prudential Indicators for the period 1 April to 30 September 2020.  The report would also be considered by the Audit & Governance Committee at their meeting in January 2021.

The report, prepared in compliance with CIPFA’s Code of Practice on Treasury Management, provided: an economic update for the first part of the 2020/21 financial year; a review of the Treasury Management Strategy Statement and Annual Investment Strategy; the prudential indicators; reviews of the council’s investment portfolio and borrowing strategy; and a review of compliance with the Treasury and Prudential Limits.  This was set against the background of the economic damage resulting from the coronavirus pandemic, with investment returns likely to remain low given that no increases in Bank Rate were expected in the next few years.

It was confirmed that during the financial year 2019/20 to date, the council had operated within the treasury limits and Prudential Indicators, as set out in the report and Annex A.

Resolved:  (i)      That the Treasury Management activities to date in 2020/21 be noted.

                   (ii)      That the Prudential Indicators set out in Annex A to the report, and the compliance with all indicators, be noted.

Reason:     To ensure the continued performance of the council’s Treasury Management function.

Recommended:  That Council approve:

a)   the establishment of a capital budget of £3.9m, to fund the acquisition of the Head leasehold interest of the Eco Centre, Amy Johnson Way;

b)   the investment of a further £100k to fund green infrastructure improvements to the building, providing an increase in revenue funded from the One Planet York budget; and

c)   the delegation of authority to the Corporate Director of Economy & Place, in consultation with the Director of Governance, to complete the purchase once all due diligence has been satisfactorily conducted on the property.

Reasons:   a)      To establish clear principles to guide and shape future use of the council’s assets and to continue to carry out a programme of proactive work to shape the commercial and operational property portfolio further.

b)   To support the ongoing economic vibrancy of the city while increasing the income from the council’s commercial property portfolio.

[See also under Part A]

The Interim Director of Place presented a report which set out progress on delivery of the Asset Management Strategy for the period 2017-2022, and set out proposals for revisions to the Strategy, and a series of business cases for lease disposals and acquisitions to deliver further strategic benefits to the council.

Progress to date had exemplified progressive cross-public sector working and success in delivering the One Public Estate objectives. Revisions were proposed to objective 2 and principle (h) in the Strategy, as indicated in paragraph 7 of the report, to ensure alignment with the council’s net zero carbon target.  Paragraphs 15-128 reviewed the delivery of the Strategy, examining the council’s operational estate, community assets, assets for housing delivery and commercial assets in the light of the potential future impact of Covid-19 and other considerations.

Alternative options to disposing of the following Grade II listed assets had been considered but were not recommended, for the reasons indicated in the paragraphs referenced below:

·        29 Castlegate (paras 109-114)

·        Herdsman’s Cottages -103 Heslington Rd and 159 Mount Vale (paras 121-125)

In supporting the proposals, the Executive Member for Finance & Performance indicated that he would be receiving reports to future Decision Sessions on asset management, to promote a better understanding of the operation of the estate as a whole.  Having noted the comments made under Public Participation, and taking into account the recommendations of the Customer & Corporate Services Scrutiny Management Committee following  consideration of the report at their meeting on 23 November, it

Recommended:  That Council approve:

a)   the establishment of a capital budget of £3.9m, to fund the acquisition of the Head leasehold interest of the Eco Centre, Amy Johnson Way;

b)   the investment of a further £100k to fund green infrastructure improvements to the building, providing an increase in revenue funded from the One Planet York budget; and

c)   the delegation of authority to the Corporate Director of Economy & Place, in consultation with the Director of Governance, to complete the purchase once all due diligence has been satisfactorily conducted on the property.

Reasons:   a)      To establish clear principles to guide and shape future use of the council’s assets and to continue to carry out a programme of proactive work to shape the commercial and operational property portfolio further.

b)   To support the ongoing economic vibrancy of the city while increasing the income from the council’s commercial property portfolio.

Recommended:  That Council approve the adjustments resulting in a decrease of £36.538m, as detailed in the report and in Annex A.

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

[See also under Part A]

The Chief Finance Officer presented a report which set out the projected out-turn position of the capital programme for 2020/21, including any under-spends, over-spends and adjustments, along with requests to re-profile budgets to and from current and future years.  The report did not reflect the capital schemes in the Asset Management Strategy update at Agenda Item 9; these would be included in the Monitor 3 report in February.

A decrease of £36.538m on the current approved programme was reported, resulting in a revised programme for 2020/21 of £144.683m. Variances against each portfolio area were set out in Table 1 at paragraph 11 of the report and detailed in paragraphs 12-42.

As reported on 1 October, work had been carried out to review the programme in the light of the Covid-19 pandemic, and the financial assumptions for all schemes would continue to be closely monitored.  Despite the disruption caused by the pandemic, progress had still been made in a number of areas, including purchase of land for the Northern Forest, roll-out of ICT for home working, and reservations of 20 of the 24 new build properties at Lowfield Green. 

The Executive Member for Finance & Performance highlighted significant progress made on schemes within the programme, including school improvements, the Centre of Excellence for Disabled Children, housing at Duncombe Barracks, the Guildhall, and the Community Stadium.

Recommended:  That Council approve the adjustments resulting in a decrease of £36.538m, as detailed in the report and in Annex A.

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