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, but for the sake of transparency the following statements were made:

a)   In respect of Agenda Item 7 (Minute 80 refers), Cllr Ayre stated he was employed by Healthwatch Bradford, but had had no involvement with developments in Humber Coast & Vale.

b)   In respect of Items 8 and 9 (Minutes 81 and 82 refer), Cllr Craghill stated that she was a Ward Member for Guildhall.

c)   In respect of Item 12 (Minute 85 refers):

·        Cllr Waller stated that he was a Ward Member for Westfield, where Acomb Library was situated;

·        Cllr Smalley stated that he was a Ward Member for Rawcliffe & Clifton Without and a member of Clifton Without parish council;

·        Cllr Cuthbertson stated that he was a Ward Member for Haxby, a member of a York Explore users group and a user of Haxby and Wigginton library.

To consider the exclusion of the press and public from the meeting during consideration of Annexes C, J, K and L to Agenda Item 12 (Future Libraries Investment Programme) 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).

Resolved:  That the press and public be excluded from the meeting during consideration of Annex Annexes C, J, K and L to Agenda Item 12(Future Libraries Investment Programme) 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 and sign the minutes of the Executive meetings held on 18 November 2021 and 9 December 2021.

Resolved:  That the Chief Operating Officer be recommended to approve the minutes of the Executive meetings held on 18 November 2021 and 9 December 2021, to be signed by the Chair at a later date.

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 our meetings.  The deadline for registering at this meeting is 5:00pm on Tuesday, 11 January 2022. 

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 this 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.

It was reported that 10 people were registered to speak at the meeting under the Council’s Public Participation Scheme.

Alexandra Howell spoke on Agenda Item 8 (City Centre Access – Security Measures), asking what the council was doing to ensure that city centre residents could continue to access their own properties once the measures were in place.

Flick Williams spoke on Item 8, stating that the decision to prevent Blue Badge access to the city centre was a political one and that the anti-terror measures were inconsistent and incoherent.

Anne Norton spoke on Item 8 on behalf of York Disability Rights Forum, expressing concern that staff at city centre barriers had refused access to a wheelchair user and that the Equalities Impact Assessment attached to the report was incomplete.

Jane Burton spoke on Item 8 on behalf of York Accessibility Action, urging Members to reverse their decision in respect of Blue Badge holders in York as other cities, such as Bath, had done.

Tracy Ostle spoke on Item 9 (The Groves – The Future of the Low Traffic Neighbourhood Trial), highlighting the problems caused by blocking off Amber Street/Earle Street, including pollution, damage and prevention of access by emergency services.

Angela Reynard-Pearce spoke on Item 12 (Future Libraries Investment Programme), stressing the importance of retaining the hedge at Fairway on the former CWJS site in order to reduce CO² emissions and pollution.

Anne Leonard spoke on Item 12, suggesting that part of the CWJS site be developed as housing for elderly people who could access the library as a social hub, with an area retained for wildlife and trees.

Andy Dearden spoke on Item 12, stating that the proposals to protect the environment on the CWJS site were too weak and urging the council to engage with local residents on the site layout.

Sarah Garbacz spoke on Item 12 as the COO of York Explore, welcoming the significant investment in libraries, which would allow Explore to deliver their vision within communities, and noting that 90% of consultees supported the Programme.

Anne Stamp spoke on Item 12 as Service Manager for SNAPPY, expressing her delight that SNAPPY would be a co-location partner at Clifton Library and what this would offer the children they supported.

*Written representations had been received from the following and circulated to Members before the meeting:

·        Steve Westwood on Item 8, suggesting alternative traffic measures in the city centre;

·        York Cycle Campaign on Item 8, suggesting opportunities for additional cycle parking;

·        Diane Roworth on Item 8, on behalf of York Sight Loss Council and Reverse the Ban;

·        Cllr Fitzgerald, on Item 9, commenting as a Ward Member for Guildhall;

·        Andy Dearden and other local residents on Item12, supplementing the comments made at the meeting.

*Note: At the request of the Chair, the written representations have on this occasion been published online as a supplement to the meeting agenda.

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 a report which provides an update on the Council’s response to the recent wave of Covid-19, largely related to the Omicron variant, and seeks authority to progress the distribution of associated funding to businesses.

Note: The above item has been on the Forward Plan for less than 28 days before this meeting.  As a non-key decision, it has been included on the agenda under informal urgency procedures due to the need to respond to the new coronavirus strain and deliver support to businesses as soon as possible.

Resolved:  (i)      That the coronavirus update contained in paragraphs 5 to 12 of the report be noted.

                   (ii)      That the Chief Operating Officer be recommended to:

a)   approve the delegation for business support schemes set out in paragraph 21 for the Additional Restrictions Grant and Covid Additional Relief Fund; and

b)   approve the distribution of the Hospitality & Leisure Grant in accordance with the Government’s prescribed scheme.

Reason:     To provide urgent financial support to the city’s businesses to help them through the ongoing pandemic specifically in relation to the recent Omicron variant.  

(iii)     That it be noted that the Arts Council England are responsible for the distribution of the Cultural Recovery Fund on application.

The Chief Operating Officer and the Assistant Director of Customer & Digital Services presented an update report on the Council’s response to the recent wave of Covid-19, largely related to the Omicron variant been designated a variant of concern by the World Health Organisation in November 2019, and on new government funding for Business Support Grants. 

It was reported at the meeting that the rate of new Covid cases in York had now fallen from a high of around 1,700 per 100k population to around 1,300, which was below the national and regional averages.  84.2% of residents aged 16+ had received two vaccine doses, 59.8% of those aged 12-15 had received their first dose, and 64.3% of those aged 18+ had had a booster dose.  Although hospital were rising, the severity of the illness appeared lower than previous waves.  Despite a significant increase in council staff testing positive for the virus, no reductions in service were currently expected.  2% of staff were currently off work with Covid. By comparison, 7% were off sick in total.

Information on the four new support grants for business announced by government on 30 December was set out in paragraphs 13-21 of the report.  Further details regarding administration of the funding had since been received, and officers made amendments to the recommendations in paragraph 4 in the light of these. 

The Chair noted that the situation remained difficult and confirmed that the council would continue its support to partners and businesses in the city.  He welcomed the additional grants but said clarity was needed from government on longer term funding.   

Resolved:  (i)      That the coronavirus update contained in paragraphs 5 to 12 of the report be noted.

                   (ii)      That the Chief Operating Officer be recommended to:

a)   approve the delegation for business support schemes set out in paragraph 21 for the Additional Restrictions Grant and the Covid Additional Relief Fund; and

b)   approve the distribution of the Hospitality & Leisure Grant in accordance with the Government’s prescribed scheme.

Reason:     To provide urgent financial support to the city’s businesses to help them through the ongoing pandemic specifically in relation to the recent Omicron variant.  

(iii)     That it be noted that the Arts Council England are responsible for the distribution of the Cultural Recovery Fund on application.

The Director of Public Health to present a report which summarises progress on the national reforms to the NHS, health and care, and developments locally to plan for the changes due to come into force in April 2022, and considers the implications of the changes for the council.

Resolved:  (i)      That the developments be noted, including the proposed structure and arrangements for the NHS and care within the region from the next financial year.

Reason:     As both a provider and commissioner of health and care services, and as a partner within the York health and care system, the council has a duty to participate in and influence the direction of the reforms to the NHS and care.

                   (ii)      That the draft constitution of the proposed NHS Humber and North Yorkshire ICB and Humber and North Yorkshire ICP, included in Annex A, be noted.

Reason:     The council will have direct and indirect involvement in the new structures, and Executive Members should be involved in shaping the York ‘place’ within health and care.

                   (iii)     That the Chief Operating Officer be recommended, along with the Leader of the Council and the Chair of the Health & Wellbeing Board, to write to the ICS, NHS England and other affected local authorities in the region to highlight York’s concerns; this letter to make clear that:

·        as per NHS guidance, the place boards (such as York) should be the statutory sub-committees or joint committees of the Integrated Care Board (ICB) to which delegation is passed, and any further delegation to other regional partnerships (such as York and North Yorkshire) must be agreed from Place and not from ICB;

·        each Place should be represented on the Integrated Care System (ICS) Board and ICS Partnership;

·        the recently announced pause be used as an opportunity to engage residents and groups with consultation.

Reason:     In view of the importance of the topic and issues raised in the report.

The Consultant in Public Health presented a report which summarised progress on the national reforms to the NHS, health and care, and developments locally to plan for the changes due to come into force in April 2022.  This followed a report to Executive at an earlier stage of the process, on 18 March 2021. 

The changes would involve the replacement of Clinical Commissioning Groups (CCGs) by Integrated Care Systems (ICSs).  Humber Coast and Vale (HCV) had been designated an ICS in 2020.  Once formally established, it was proposed that it be re-named, with its two arms being known as ‘NHS Humber and North Yorkshire Integrated Care Board’ and ‘Humber and North Yorkshire Health and Care Partnership’.  In October, HCV had consulted on the draft constitution attached as Annex A to the report. This set out proposed arrangements for commissioning and planning of health and social care, based on six places (of which York was one) and four sector-based collaboratives, as well as the Board and Partnership.

Implications for York and the council of the place-based partnership, the future role of the Health and Wellbeing Board, and the future of current commissioning arrangements with the CCG were considered in paragraphs 14-29 of the report.  

Members welcomed the report, while stressing the importance of ensuring that all places within the HCV area had a direct influence on the ICS.   The Chair also stated his commitment to work with Health Scrutiny to secure the best outcome for York.

Resolved:  (i)      That the developments be noted, including the proposed structure and arrangements for the NHS and care within the region from the next financial year.

Reason:     As both a provider and commissioner of health and care services, and as a partner within the York health and care system, the council has a duty to participate in and influence the direction of the reforms to the NHS and care.

                   (ii)      That the draft constitution of the proposed NHS Humber and North Yorkshire ICB and Humber and North Yorkshire ICP, included in Annex A, be noted.

Reason:     The council will have direct and indirect involvement in the new structures, and Executive Members should be involved in shaping the York ‘place’ within health and care.

                   (iii)     That the Chief Operating Officer be recommended, along with the Leader of the Council and the Chair of the Health & Wellbeing Board, to write to the ICS, NHS England and other affected local authorities in the region to highlight York’s concerns; this letter to make clear that:

·        as per NHS guidance, the place boards (such as York) should be the statutory sub-committees or joint committees of the Integrated Care Board (ICB) to which delegation is passed, and any further delegation to other regional partnerships (such as York and North Yorkshire) must be agreed from Place and not from ICB;

·        each Place should be represented on the Integrated Care System (ICS) Board and ICS Partnership;

·        the recently announced pause be used as an opportunity to engage residents and groups with consultation.  ...  view the full minutes text for item 80.

The Corporate Director of Place to present a report which seeks approval to progress the installation of permanent hostile vehicle mitigation measures in the city centre.

Resolved:  (i)      That the locations of static and sliding bollards as detailed in Annex A be noted, and that the Chief Operating Officer (COO) be recommended to delegate authority to the Director of Transport, Highways and Environment, in consultation with the Executive Member for Transport, to approve any minor amendments to the exact locations.

Reason:     To give security rated effect to the traffic restrictions in the Traffic Regulation Order changes approved by Executive in August 2019 and November 2021 and the statutory consultation which seeks to remove the remaining exemptions.

(ii)      That the COO be recommended to approve an additional £500k from unallocated highways funding, to increase the Hostile Vehicle Measures capital budget to £1,832k.

Reason:     To enable the delivery of the scheme of permanent measures for city centre security.

                   (iii)     That the COO be recommended to approve the undertaking of a procurement process to engage contractors to supply, install and maintain the permanent hostile vehicle mitigation measures, and to delegate authority to the Director Transport Highways and Environment, in consultation with the Director of Governance and Chief Finance Officer, to take such steps as are necessary to award and enter in to the resulting contracts.

Reason:     To enable the delivery of the scheme of permanent measures for city centre security.

                   (iv)    That the COO be recommended to approve the statutory consultation for the advertisement of the revocation of the exemptions, as proposed in Annex D.

Reason:     To allow a secure system to operate with minimal vehicular access permitted during the footstreets hours.

                   (v)     That the COO be recommended to ask officers to report to the Executive Member for Transport, presenting an update on the statutory consultation to remove the remaining exemptions to access the footstreets and a summary of the operational protocols and procedures and associated risks, including confirmation of the ongoing revenue costs.

Reason:     To enable the Executive Member to understand the procedures entailed in managing the scheme in line with the proposed changes to the Traffic Regulation Order.

                   (vi)    That the COO be recommended to approve the continuation of the staffing of the current temporary city centre barriers, the cost of which is between £67k and £93k and is met from existing budgets.

Reason:     To maintain the management of access to the city centre footstreets with temporary measures, including access for market vehicles whilst the footstreets hours are until 19:00 under the current temporary arrangement.

The Director of Transport, Environment & Planning presented a report which sought approval to progress the installation of permanent physical hostile vehicle mitigation measures in the city centre, in accordance with the traffic regulations approved by Executive on police advice at the meeting on 18 November 2021.

Government proposals for local authorities to have a ‘Duty to Protect’ were likely to increase councils’ responsibility to respond to counter-terrorism advice to protect publicly accessible locations.  Approval was sought to install the physical measures illustrated in Annex B to the report in the locations shown in Annex A.  An additional review had been carried out on the remaining exemptions to vehicle access to the footstreets and a revised exemptions list, which would be subject to consultation, was attached at Annex D.  A new waiver system was proposed, whereby only vehicles essential to city centre safety would be granted a time limited waiver.

In response to comments made under Public Participation, Members acknowledged the effect of the footstreet restrictions on Blue Badge holders but noted that the focus of this report was on the location of physical measures to keep people safe, and not a change to Blue Badge access.  Officers confirmed that wheelchairs, including motorised ones, were exempt from restrictions and that the incident which had occurred during the Christmas market was an isolated one.

Resolved:  (i)      That the locations of static and sliding bollards as detailed in Annex A be noted, and that the Chief Operating Officer (COO) be recommended to delegate authority to the Director of Transport, Highways and Environment, in consultation with the Executive Member for Transport, to approve any minor amendments to the exact locations.

Reason:     To give security rated effect to the traffic restrictions in the Traffic Regulation Order changes approved by Executive in August 2019 and November 2021 and the statutory consultation which seeks to remove the remaining exemptions.

(ii)      That the COO be recommended to approve an additional £500k from unallocated highways funding, to increase the Hostile Vehicle Measures capital budget to £1,832k.

Reason:     To enable the delivery of the scheme of permanent measures for city centre security.

                   (iii)     That the COO be recommended to approve the undertaking of a procurement process to engage contractors to supply, install and maintain the permanent hostile vehicle mitigation measures, and to delegate authority to the Director Transport Highways and Environment, in consultation with the Director of Governance and Chief Finance Officer, to take such steps as are necessary to award and enter in to the resulting contracts.

Reason:     To enable the delivery of the scheme of permanent measures for city centre security.

                   (iv)    That the COO be recommended to approve the statutory consultation for the advertisement of the revocation of the exemptions, as proposed in Annex D.

Reason:     To allow a secure system to operate with minimal vehicular access permitted during the footstreets hours.

                   (v)     That the COO be recommended to ask officers to report to the Executive Member for Transport, presenting an update on the statutory consultation  ...  view the full minutes text for item 81.

The Corporate Director of Place to present a report which sets out the results of consultations on an 18 month Experimental Traffic Regulation Order (ETRO) in The Groves, along with an assessment of the impacts of the ETRO, and asks Executive to make a permanent decision about the Low Traffic Neighbourhood and the adoption of the Groves Community Plan.

Note: the background papers to the above report have been published online with this agenda.

Having noted the comments made under Public Participation on this item, it was

Resolved:  (i)      That the Chief Operating Officer (COO) approve making the ETRO permanent, with the following changes to the scheme as set out in the report:

·        changing the closure points to use bollards and signage improvements in and around The Groves;

·        making permanent the changes that were made to a small number of parking spaces, which were removed or relocated to make room for turning points at the closures, and merging the existing resident parking zones permanently.

Reason:     To provide quality alternative sustainable modes of transport in order to encourage behavioural change and maximise the use of walking, cycling and public transport and continue improving road safety; minimise the emission of harmful pollutants and traffic danger within the Groves; enhance public streets and spaces to improve the quality of life; minimise the impact of motorised traffic and encourage economic, social and cultural activity.

                   (ii)      That the COO be recommended to ask officers to continue to monitor and review the impacts of the scheme and (as part of LTP4), consider further mitigations to be identified where required.

Reason:     In line with Transport objectives, both existing LTP3 objectives and emerging LTP4 objectives and as is normal practice for newly established Low Traffic Neighbourhood schemes.

                   (iii)     That the COO be recommended to delegate authority to the Director of Environment, Planning & Transport, in consultation with the Executive Member for Transport, to sign off the detailed design for the permanent closure points (bollard type and exact locations), and approve any further small changes to parking, signing and lining required to make the arrangements permanent.

Reason:     To enable the closure points to be designed for the permanent scheme, with adequate signage for highway users within and around the Groves.

                   (iv)    That the Groves Community Plan be noted as the outcome of the community consultation and that the COO be recommended to ask officers to explore options and opportunities for external funding to bring forward objectives identified in the Plan.

Reason:     To improve the Groves area and deliver the benefits identified by the Groves Community Plan.

The Director of Housing, Economy & Regeneration presented a report which set out the results of consultations on an 18 month Experimental Traffic Regulation Order (ETRO) in The Groves, along with an assessment of the impacts of the ETRO, and asked Executive make a permanent decision about the Low Traffic Neighbourhood and the adoption of The Groves Community Plan.

The Groves was an area that had long experienced problems with through traffic.  Community engagement had led to the development of the Community Plan at Annex 2 to the report, which aimed to improve residents’ health and wellbeing, including improvements to streets.  York’s Local Transport Plan also aimed to reduce the impact of traffic on public spaces.  The Executive Member for Transport had approved the ETRO in June 2020 and the trial had commenced that September.  Matters raised during consultation on the trial were discussed in the report.  Objections received, both before and after scheme adjustments in November 2020, were contained in Annexes B, C and D.  Details of support for the trial were provided in Annex F.

Four options were available, as detailed in paragraphs 55-61 of the report and summarised below:

Option 1 – conclude the experiment and return the road network to how it used to be.  Not recommended, as it would not meet the objectives in the Local Transport Plan and Community Plan.

Option 2 – return the road network to how it used to be temporarily while an alternative scheme is developed.  Not recommended due to the time and costs involved.

Option 3 – approve making the ETRO permanent with changes to the scheme and parking within The Groves, as set out in the report. This was the recommended option.

Option 4 – as Option 3, but without closing St John Street and St John’s Crescent.  Not recommended, as it would risk creating another cut through route, with implications for safety.

Members welcomed the proposals and the benefits they would bring in promoting active travel.  In response to comments made under Public Participation and the written comments received, officers confirmed that the ambulance service no longer objected to the scheme.

Resolved:  (i)      That the Chief Operating Officer (COO) approve Option 3, making the ETRO permanent with the following changes to the scheme as set out in the report:

·        changing the closure points to use bollards and signage improvements in and around The Groves;

·        making permanent the changes that were made to a small number of parking spaces, which were removed or relocated to make room for turning points at the closures, and merging the existing resident parking zones permanently.

Reason:     To provide quality alternative sustainable modes of transport in order to encourage behavioural change and maximise the use of walking, cycling and public transport and continue improving road safety; minimise the emission of harmful pollutants and traffic danger within the Groves; enhance public streets and spaces to improve the quality of life; minimise the impact of motorised traffic and encourage economic, social and cultural activity.

                   (ii)      That  ...  view the full minutes text for item 82.

The Chair of the Housing & Safer Neighbourhoods Scrutiny Committee to present the committee’s final report on their review of the Provision of Affordable Homes on New Developments, seeking approval of the review’s recommendations to Executive.

Resolved:  That the Chief Operating Officer be recommended to approve the recommendations of the review, as set out in paragraph 6 of the covering report

Reason:     To conclude the scrutiny review in line with the council’s scrutiny procedures and protocols.

Cllrs Fenton and Pavlovic, as Chair and Vice Chair of the Housing & Safer Neighbourhoods Scrutiny Committee, presented the committee’s final report on their review of the Provision of Affordable Homes on New Developments. 

The report sought approval of the review’s recommendations to Executive, as set out in paragraph 6 of the covering report and reproduced below:

Recommendation 1: When the First Homes initiative comes to be implemented in York, 75% of homes delivered through developer contributions as part of planning obligations agreed under section 106 should be for social rent.

Recommendation 2: For future iterations of the CYC Housing Delivery Programme, CYC actively considers sale to - or joint working with – RPs for potential housing development sites.

Recommendation 3: For future iterations of the CYC Housing Delivery Programme, officers consider how the programme can be structured and financed in a way that would deliver an increased proportion of affordable homes.

Recommendation 4: Officers review what steps could be taken to make it more likely that open space can be managed by CYC, particularly on CYC Housing Delivery Programme sites.

Recommendation 5: Officers consider improvements that can be made to the section 106 legal agreement template and steps that could be taken to reduce the risk of post-planning delays.

Recommendation 6: Officers consider how they might be able to more positively respond to approaches from developers and RPs for informal discussions at an early stage, prior to a scheme proposal being submitted.

The Executive Member for Housing & Safer Neighbourhoods commented on the review, confirming that she had been engaged in the process and was happy to approve the recommendations.

Resolved:  That the Chief Operating Officer be recommended to approve the recommendations of the review, as set out in paragraph 6 of the covering report.

Reason:     To conclude the scrutiny review in line with the council’s scrutiny procedures and protocols.

The Director of Public Health to present a report which seeks approval to award a contract to Nimbuscare Ltd for provision of LARC in Primary Care for a further two years following expiry of the current contract, pending the transition to the new Humber, Coast and Vale Integrated Care System Board.

Resolved:  (i)      That the Chief Operating Officer (COO) be recommended to approve Option 3, and agree to the direct award of a further contract to Nimbuscare Ltd for provision of LARC in Primary Care for a further two (2) years when the current contract expires on 30 June 2022 without proceeding with a full tender exercise.

Reason:     To ensure that the council delivers the joint commissioning responsibilities set out in the Section 75 agreement with the CCG and to ensure that that the statutory public health responsibilities for access to sexual health and contraception are met.

                   (ii)      That the COO be recommended to require that the provision of LARC for contraception purposes will be open to all persons who meet the clinical criteria and that the contract will reflect this and the council’s policies.

Reason:     To ensure equality of access to services.

The Nurse Consultant in Public Health presented a report which sought approval to award a contract to Nimbuscare Ltd for provision of LARC in Primary Care for a further two years after expiry of the current contract, pending the transition to the new Humber, Coast and Vale Integrated Care System Board.

The contract had been awarded to Nimbuscare from 1 April 2020 for a period of 12 months, then extended to 30 June 2022 by a waiver of the council’s Contract Procedure Rules due to the pressures of the Covid-19 pandemic.  In the light of these ongoing pressures, approval was now sought to directly award a further contract to Nimbuscare, as the simplest way for the council to deliver its statutory responsibilities in the current circumstances.

Three options were available, as detailed in paragraphs 17-22 of the report, and summarised below:

Option 1 – allow the existing contract to end on 30 June 2022.  Not recommended, as it would prevent the council from meeting its contractual and statutory obligations.

Option 2 – commence a full re-procurement process before expiry of the contract on 30 June.  Not recommended, due to pressure on council resources and the likelihood of not finding another provider.

Option 3 – award a new contract to Nimbuscare without running a full procurement exercise.  This was the recommended option.  Full details of the legal implications of this option were set out in the report.  The potential risk of a legal challenge had been assessed as low.

Resolved:  (i)      That the Chief Operating Officer (COO) be recommended to approve Option 3, and agree to the direct award of a further contract to Nimbuscare Ltd for provision of LARC in Primary Care for a further two (2) years when the current contract expires on 30 June 2022 without proceeding with a full tender exercise.

Reason:     To ensure that the council delivers the joint commissioning responsibilities set out in the Section 75 agreement with the CCG and to ensure that that the statutory public health responsibilities for access to sexual health and contraception are met.

                   (ii)      That the COO be recommended to require that the provision of LARC for contraception purposes will be open to all persons who meet the clinical criteria and that the contract will reflect this and the council’s policies.

Reason:     To ensure equality of access to services.

The Assistant Director, Customer & Communities to present a report which provides an update on the Future Libraries Investment Programme and asks Executive to approve the new budget for the Programme, along with a number of property disposals, leases and other matters related to the Programme.

Resolved: 

In relation to Project Finances (as detailed in Table 1)

(i)           That the Chief Operating Officer (COO) be recommended to approve the new overall Programme Capital Budget of £7.701m, including:

·        Additional borrowing of £1m to fund the Programme, subject to approval by Budget Council in February 2022.

·        Allocation of £0.3m from the council’s Climate Change budget to the new overall Programme Capital Budget.

·        Allocation of £0.8m from the Education (Basic Needs and SEND programmes) to the new overall Programme Capital Budget.

·        The ring fencing an re-investment in the new overall Programme Capital Budget of all future land sale income from the disposal of the existing Clifton Library site and housing land disposal as part of the CWJS site, assumed at the date of this report to be £400k for the existing Clifton Library site and £375k for the CWJS development housing land disposal.

In relation to Property Matters

(ii)         That the COO be recommended to approve the open market disposal (by freehold sale or long lease) of the existing Clifton Library site, as shown edged red on the plan at Annex E.  Such land not be disposed of until the CWJS development is complete.

(iii)        That the COO be recommended to approve, with effect from 1 August 2022, the appropriation of the former Clifton Without Junior School (CWJS) site, as shown red on the plan at Annex G, from being held for the purpose of school / education, to:

·  Library and ancillary social / community purposes in respect of that part of the site shown edged in green on Annex G;

·  Housing purposes in respect of that part of the site shown edged in blue on Annex G.

(the 8 year restriction period imposed by Paragraphs 4 and 6 of Schedule 1 of the Academies Act 2010 (“AA 2010”) requiring that the consent of the Secretary of State for Education is obtained for the disposal or appropriation/change in use of land which was used wholly or mainly for the purposes of a school/academy will expire by the end of July 2022 as any use for education purposes (non-sport/non playing-field use) ceased by 18 July 2014 according to confirmation received from Hope Sentamu Learning Trust).

(iv)        That the COO be recommended to approve the principle of disposal (by freehold sale or long lease) of that part of the former CWJS site shown edged in red on the boundary plan at Annex I for the purpose of affordable housing provision, including negotiation of the terms of and entering into any legal documentation including the requirements set out in paragraph 36 of the report, which shall be amended to read as follows:

·        The purchaser of the site will be required to adhere to all statutory permissions governing the development of the site, including planning considerations such as ecology (which shall include an objective to retain the majority of the Fairway hedgerow), Tree Protection Orders, landscaping, all other ecology issues and character of the scheme.

(v)         That the COO be recommended to approve  ...  view the full decision text for item 85.

The Strategic Services Manager presented a report which provided an update on the Future Libraries Investment Programme and asked Executive to approve the new budget for the Programme, along with a number of property disposals, leases and other matters related to the Programme.

In April 2019, Explore had been awarded a new 15 year contract to operate the council’s library estate.  Since the last report to Executive on 26 October 2019 (Minute 56 of that meeting refers):

·        Haxby & Wigginton (H&W) Library had come within the scope of the Programme;

·        the Clifton Without Junior School (CWJS) site had been selected for a new Clifton Library Learning Centre;

·        Feasibility studies had been completed for H&W and Clifton Library sites in respect of development size and costs;

·        An Explore revenue business model had been completed;

·        Public consultations on H&W and Clifton Libraries had begun.  

The Programme was now ready to move forward to the construction delivery phases for H&W and Clifton Libraries, and to public consultation on Acomb Library.  Full details were set out in the report and its annexes.

In commending the proposals to Members, the Executive Member for Culture, Leisure & Communities responded to the comments made under Public Participation on this item and the written submissions, and proposed an amendment to the recommendations to address the issues raised regarding the hedgerow on the former CWJS site.  

Resolved: 

In relation to Project Finances (as detailed in Table 1)

(i)           That the Chief Operating Officer (COO) be recommended to approve the new overall Programme Capital Budget of £7.701m, including:

·        Additional borrowing of £1m to fund the Programme, subject to approval by Budget Council in February 2022.

·        Allocation of £0.3m from the council’s Climate Change budget to the new overall Programme Capital Budget.

·        Allocation of £0.8m from the Education (Basic Needs and SEND programmes) to the new overall Programme Capital Budget.

·        The ring fencing an re-investment in the new overall Programme Capital Budget of all future land sale income from the disposal of the existing Clifton Library site and housing land disposal as part of the CWJS site, assumed at the date of this report to be £400k for the existing Clifton Library site and £375k for the CWJS development housing land disposal.

In relation to Property Matters

(ii)         That the COO be recommended to approve the open market disposal (by freehold sale or long lease) of the existing Clifton Library site, as shown edged red on the plan at Annex E.  Such land not be disposed of until the CWJS development is complete.

(iii)        That the COO be recommended to approve, with effect from 1 August 2022, the appropriation of the former Clifton Without Junior School (CWJS) site, as shown red on the plan at Annex G, from being held for the purpose of school / education, to:

·  Library and ancillary social / community purposes in respect of that part of the site shown edged in green on Annex G;

·  Housing purposes in respect of that part of the  ...  view the full minutes text for item 85.