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 invited to declare at this point in the meeting any personal interests, not included on the Register of Interests, or any prejudicial or disclosable pecuniary interests they may have in respect of 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:

Annexes A, C and D to agenda item 17 (Compulsory Purchase of a Long Term Empty Property) on the grounds that they contain information relating to the financial or business affairs of any particular person (including the authority holding that information).  This information is classed as exempt under paragraph 3 of Part 1 of Schedule 12A to Section 100A of the Local Government Act 1972 (as amended).

RESOLVED:                That it was agreed to exclude the press and public from the meeting during consideration of Annexes A, C and D to agenda item 17 (Compulsory Purchase of a Long Term Empty Property) on the grounds that they contained information relating to the financial or business affairs of particular persons (including the authority holding that information). Such information is considered 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 Cabinet meetings held on 7 May and 4 June 2013.

RESOLVED:       That the minutes of Cabinet meetings held on 7 May and 4 June 2013 be approved and signed by the Chair as correct records.

At this point in the meeting members of the public who have registered to speak can do so.  The deadline for registering is 5.00pm on Monday 15 July 2013.  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.

It was reported that there had been five registrations to speak at the meeting under the Council’s Public Participation Scheme, and a Member of Council had requested to speak on an item, details of which are set out below:

13. Future of the Guildhall Complex

Andy Chase spoke to express his support for proposals to bring the Guildhall back into use. Confirming the need for affordable space for small local business’s and community groups. Reference was also made to the Guildhall accessibility issues.

14. Future delivery arrangements for Library and Archives Service

Garry Jones, Chief Executive of York Council for Voluntary Service, spoke as the main support service for local charities and community groups. He expressed support for much of the content of the report however, he questioned a number of points including the lack of detailed pension and redundancy costs and community ownership levels. Reference was also made to the high level of room hire projections and cafe profitability. He requested deferral of the decision to clarify these issues prior to finalising the proposals.

Charlie Mitchell, a local resident, spoke to support the library service. Referring to the innovations proposed for the York service which needed to be sustainable. She did however express reservations at the significant risks of community ownership unless this was built on strong solid foundations to ensure future success. 

Andrea Dudding, representing Unison, presented a petition to Cabinet signed by over 1000 residents which requested protection of the Library and Archives Service with no cuts, closures or Social Enterprise. She referred to ongoing discussions with staff and unions during which the significant financial risks associated with this proposal had been highlighted, particularly with the risks being transferred to employees. Members were asked to send the report back, as it was not fit for purpose.

Councillor Barton, questioned  the viability of the proposals and the inconclusive business proposition. As a new concept, detailed consideration was required. He questioned the risks for which a full assessment should be carried out and pointed out that the authority had a duty of care to its staff.

16. Facing the Challenge of Poverty – Work Programme

Richard Bridge spoke to commend the City on the priority given to poverty and the aim to make York a Poverty Free City. This did however require a timeline of when this would be achieved. Reference was made to the different ways of measuring poverty and to the cumulative impact of welfare reforms which must be acknowledged and addressed in the Poverty Strategy.

Members received and noted details of those items listed on the Forward Plan for the next two Cabinet meetings, at the time the agenda was published.

The Chair reported an additional item for consideration at the Cabinets September meeting in respect of the Council Tax Benefit Scheme.

This report provides a year end analysis of City of York Council’s financial and performance delivery with an overview of key achievements together with a focus on key challenges and improvement required to plan ahead and ensure the objectives of the Council Plan are met.

RESOLVED:       That Cabinet notes the year end under spend of £84k and agree that this is transferred to the General Contingency.

REASON:           To ensure significant financial issues can be appropriately dealt with.

Consideration was given to a report which provided a year end analysis of the financial and performance delivery of the authority together with an overview of the key achievements, challenges and improvements required to ensure that the objectives of the Council Plan were met.

With the financial challenge of an assessed gap of £10.7m at the start of the year it was reported that strong financial and performance action had been taken to deliver a balanced budget for the next two year with minimal redundancies. Overall the Council was sustaining its benchmarked service performance level. The performance achievements and areas of improvement, in relation to each of the priority themes, together with information on actions and performance at paragraphs 9 to 89, and Annexes A to E of the report.

Further information on financial management, spending from the Economic Infrastructure Fund and Delivery and Innovation Fund together with the outturn on a directorate by directorate basis was reported at paragraphs 90 to 144.

The Cabinet Member commended staff on the comprehensive report and the positive overall picture. Individual Cabinet Members went on to highlight work undertaken in their portfolio areas and the future challenges. Reference was made to the under reporting of the bus patronage figures in Priority 2: Get York Moving performance section of the report.

Following further discussion it was  

RESOLVED:       That Cabinet notes the year end under spend of £84k and agree that this is transferred to the General Contingency. ^1.

REASON:           To ensure significant financial issues can be appropriately dealt with.

This report presents the annual treasury management review of activities and the actual prudential and treasury indicators for 2012/13.

RESOLVED:        That, in accordance with the Local  Government Act 2003 Cabinet agrees to:

                                     (i)      Note the 2012/13 performance of Treasury Management activity and

  (ii)    Note the movements in the Prudential Indicators as set out in Annex A of the report.

REASON:           To ensure the continued performance of the Council’s Treasury Management function can be monitored.

Cabinet considered the annual treasury management review of activities and the prudential and treasury indicators for 2012/13, as required by regulations issued under the Local Government Act 2003.

The position for 2012/13 compared to 2011/12 was summarised, with total borrowing at the start of the year at £261.6m and at the year end of £258.6m, split between the General Fund and Housing Revenue Account. Details of the interest and investment rates applicable over this period were reported at paragraphs 21 to 28 and prudential indicators for 2012/13 at Annex A.

Following discussion it was

RESOLVED:        That, in accordance with the Local Government Act 2003 Cabinet agrees to:

                                     (i)      Note the 2012/13 performance of Treasury Management activity and

  (ii)    Note the movements in the Prudential Indicators as set out in Annex A of the report.

REASON:           To ensure the continued performance of the Council’s Treasury Management function can be monitored.

This report sets out the capital programme outturn position, including any under or overspends, overall funding of the programme and an update as to the impact on future years of the programme.

RESOLVED:        That  Cabinet agree to:

(i)           Note the 2012/13 capital outturn position of £46.476m and approve the requests for slippage totalling £10.457m from the 2012/13 programme to future years.

(ii)          Note the outturn position of the Economic Infrastructure Fund in 2012/13 and revisions to the profile of the £28.5m as set out in Annex B of the report.

(iii)        Approve the revised Economic Infrastructure Fund profile set out at Annex B of the report.

REASON:           To allow the continued effective financial management of the capital programme from 2013/14 to 2017/18.

[See also Part B minute]

Consideration was given to a report which set out the capital programme outturn position, including any under or overspends details of the overall funding of the programme together with an update on the impact of this on future years.

An outturn of £46.476m was reported compared to the approved budget of £57.281m, financed by £21.227m of external funding and internal funding of £36.054, a variation of £10.805m, of which £10.4457m had been reprofiled to future years. Details of the variances for individual departments along with requests for reprofiling were set out atTable 1 and paragraphs 8 to 31 of the report.

Information was provided on the Economic Infrastructure Fund with an overall value of £28.5 covering a 5 year period with schemes committed to a value of £17.663m, detailed at Annex B.

Updates on the 2013/14-2017/18 Capital Programme were reported at Table 2 and Annex A, with further details at paragraphs 39 to 43 and the projected Capital Programme financing for this period reported at Table 4. With close monitoring of the overall funding position being undertaken by the Director of Customer and Business Support Services and any issues being reported to Cabinet.

The Cabinet Member referred to the reprofiling of funds, owing to delays in DfT approval for the Access York scheme. The West Offices development was however still expected to be under spent and on time a significant achievement.

Following further discussion it was

RESOLVED:        That  Cabinet agree to:

(i)           Note the 2012/13 capital outturn position of £46.476m and approve the requests for slippage totalling £10.457m from the 2012/13 programme to future years.

(ii)          Note the outturn position of the Economic Infrastructure Fund in 2012/13 and revisions to the profile of the £28.5m as set out in Annex B of the report.

(iii)        Approve the revised Economic Infrastructure Fund profile set out at Annex B of the report.

REASON:           To allow the continued effective financial management of the capital programme from 2013/14 to 2017/18.

This report provides an update to the Financial Strategy and an outline plan for the 2014/15 and 2015/16 budget process.

RESOLVED:       That Cabinet agree to the refreshed Financial Strategy and the outline budget planning process for 2014-15 and 2015-16.

REASON:           To ensure the Council meets future financial challenges and produces a sound, prudent budget for 2014-15 and 2015-16.

Consideration was given to a report which provided an update to the Financial Strategy and an outline plan for the 2014/15 and 2015/16 budget process. As it was essential that the financial strategy supported the Council’s priority objectives it required sufficient resources to be directed towards the key priority areas.

Issues affecting funding from Local Business Rates, Council Tax and Fees and Charges were reported as were the cost pressures. Although the Council’s Plan and financial management appeared highly effective, there remained a number of areas for further development and improvement. Information on the medium and longer term strategies were reported at paragraphs 15 to 19 of the report.

Budget planning for the 2014/15 and 2015/16 was taking place, with presentation of the 2 year budget scheduled to go to Council in February 2014.  An outline plan of the budget process was set out at paragraphs 20 to 26 and Annex A.

Cabinet Members referred to the budget pressures in their areas and to future government funding uncertainties.

RESOLVED:       That Cabinet agree to the refreshed Financial Strategy and the outline budget planning process for 2014-15 and 2015-16.

REASON:           To ensure the Council meets future financial challenges and produces a sound, prudent budget for 2014-15 and 2015-16.

This report seeks Cabinet approval to enter into a limited partnership with partner local authorities to establish a Leeds City Region Revolving Investment Fund, and give authority to invest £1.632m, as the City of York Council agreed contribution to the setup of the Fund.

RESOLVED:       That Cabinet agree to:

(i)           Give authority to invest the £1.632m in the Revolving Investment Fund, funding from the Economic Infrastructure Fund.

(ii)          Delegate authority to the Director of Customer and Business Support Services to take necessary actions required around the legal arrangements to allow Phase 1 to be launched.

REASON:           To support the Council Plan priorities of creating jobs, growing the economy and investing in the city’s economic future.

Consideration was given to a report which sought approval to enter into a limited partnership with partner local authorities to establish a Leeds City Region Revolving Fund (RIF) and give authority to invest £1.632m, as the Council’s agreed contribution to the set up of the Fund.

The Leeds City Region (LCR) was working to deliver a single Investment Strategy and Investment Plan to support the generation of economic growth within LCR. With the framework acting as a ‘single door’ for projects applying for funding and the long term objective to grow the fund through a mixture of public and private investment. A two stage implementation plan had bee developed, Phase 1 with initially £10 for July 2013 ad Phase 2 targeted for later in the year. The capital contributions to be made by each of the founder member authorities were set out at paragraph 5.

The Heads of Terms in relation to participation in the LCR Fund were attached to the report at Annex A which set out the principal terms upon which the limited partnership would be established. Information on the operation of the fund were reported at paragraphs 13 to 21 of the report however delegated authority would be required to enter into the agreement prior to the Phase 1 launch.

The Leader referred to the mutual benefit to the city, the economy and the sub region which would be gained from the Council’s involvement in the RIF.

Following further discussion it was

RESOLVED:       That Cabinet agree to:

(i)           Give authority to invest the £1.632m in the Revolving Investment Fund, funding from the Economic Infrastructure Fund. ^1.

(ii)          Delegate authority to the Director of Customer and Business Support Services to take necessary actions required around the legal arrangements to allow Phase 1 to be launched. ^2.

REASON:           To support the Council Plan priorities of creating jobs, growing the economy and investing in the city’s economic future.

This report sets out a proposal for investment in resources that are required to take forward the delivery of development to enable economic growth for the city of York.

RESOLVED:       That Cabinet agrees to:

i)             Allocate £1m from the Economic Infrastructure Fund to provide the identified “development team” resources as set out in the report, for the specific use of stimulating development delivery.

ii)            Approval of the detail of this spend of funding being delegated to the Director of CBSS and Director of CES, in consultation with the Leader.

REASON:              To enable the required resources to be put in place to allow progression on a range of major economic regeneration projects

Consideration was given to a report which set out a proposal for investment in resources required to take forward the delivery of development to enable economic growth for the city.

Members were reminded of proposals previously put forward to unlock development sites to provide new homes and business opportunities with the ambition to see a release of 5000+ homes over the next 5-7years.  It was now proposed to release £1m of EIF funding to provide the professional and technical resources required during the period 2013/14 and 2014/15 to take forward key development sites. Details of the key sites under consideration were reported at Annex A.

Measures to stimulate house building and further information on the resources required were reported at paragraphs 17 to 23. The key sites proposed for permanent and temporary construction job creation were set out at Annexe B of the report.

All Members expressed their support for the allocation to support York’s strong economic performance.

RESOLVED:       That Cabinet agrees to:

i)             Allocate £1m from the Economic Infrastructure Fund to provide the identified “development team” resources as set out in the report, for the specific use of stimulating development delivery.

ii)            Approval of the detail of this spend of funding being delegated to the Director of CBSS and Director of CES, in consultation with the Leader. ^1.

REASON:              To enable the required resources to be put in place to allow progression on a range of major economic regeneration projects

This report sets out potential future uses of the Guildhall complex, including its use as the home of a Digital Media Arts Centre, and proposes a plan of action to assess financial viability, establish high level timelines and procurement options.

RESOLVED:       That Cabinet agree to:

(i)           Delegate to the Assistant Director of Finance Asset Management and Procurement, in consultation with the Cabinet Member for Corporate Services the power to draw down up to £400k from the £1.4m Economic Infrastructure Funds already earmarked for the Digital Media Arts Centre to support the options appraisal and business case development of a mixed use solution for the Guildhall Complex incorporating the establishment of a Digital Media Arts Centre.

(ii)          The demolition of the hutments (subject to planning) and to undertake the necessary archaeological evaluation and excavation.

(iii)        Consult with all Group Leaders and former Lord Mayors in respect of the future use of the Guildhall Complex.

REASON:             To identify new uses for a significant building in the city, to explore opportunities for economically beneficial uses of a key CYC asset and to ensure the effective conservation of a historic building.

Consideration was given to a report which set out potential future uses for the Guildhall complex, which included its use as a Digital Media Arts Centre (DMAC). To assess financial viability, timescales and procurement options a proposed plan of action had been complied. Members were asked to agree to the release of EIF monies for the DMAC to assist in the further development.

The background to and proposals for a DMAC were set out at paragraphs 10 to 20 of the report. Work undertaken by an officer working group on developing ideas for future uses for the Guildhall complex and an indicative timetable for the proposals were set out at paragraphs 24 to 27.

As the Guildhall project aligned with the award criteria for the recently announced Heritage Enterprise Fund it was reported that a bid would be made for contributory grant funding. To facilitate early development work, dedicated Officer time was also required together with demolition works, essential surveys and development appraisals for which a maximum release of £400k was requested from the previously agreed EIF funding.

The Cabinet Member referred to the helpful comment made by the earlier speaker which would be taken into account. It was confirmed that further engagement would be undertaken with organisations that had already expressed an interest in the future of the site and that consultation would be undertaken with the political groups and former Lord Mayors.

RESOLVED:       That Cabinet agree to:

(i)           Delegate to the Assistant Director of Finance Asset Management and Procurement, in consultation with the Cabinet Member for Corporate Services the power to draw down up to £400k from the £1.4m Economic Infrastructure Funds already earmarked for the Digital Media Arts Centre to support the options appraisal and business case development of a mixed use solution for the Guildhall Complex incorporating the establishment of a Digital Media Arts Centre. ^1.

(ii)          The demolition of the hutments (subject to planning) and to undertake the necessary archaeological evaluation and excavation. ^2.

(iii)        Consult with all Group Leaders and former Lord Mayors in respect of the future use of the Guildhall Complex. ^3.

REASON:             To identify new uses for a significant building in the city, to explore opportunities for economically beneficial uses of a key CYC asset and to ensure the effective conservation of a historic building.

In January, Cabinet agreed that a business plan should be drawn up to determine whether it would be in the overall interests of the Council to transfer its Libraries and Archive Service to a social enterprise.  This report summarises the results of this work.

RESOLVED:       That Cabinet agree to:

(i)           Library and Archive staff establishing Explore Libraries and Archives Mutual as a Community Benefit Society.

(ii)          The award in principle of a contract to the Community Benefit Society through a single tender action.

(iii)        Nominate an individual to the Community Benefit Society Board.

(iv)    Delegate to the Director of CANS in consultation with the Director of CBSS the negotiation of the contract.

(iv)        The contract terms being brought back to Cabinet for approval.

REASON:           To create the best delivery model for libraries and archive services in York.

Consideration was given to a report which summarised work undertaken on a business plan to determine whether it would be in the overall interests of the Council to transfer its Libraries and Archives service to a social enterprise.

Staff of the Libraries and Archives Service, who would form the social enterprise, had considered this a viable proposition which represented an exciting and enterprising route to developing new forms of service delivery. The key conclusions of the project boards report confirmed that the best possible legal model would be a Community Benefit Society (CBS) with exempt charitable status, the aims and objectives of which were set out at Annex A of the report.

Extensive public and staff consultation had been undertaken in which the main concerns had related to library closures, reductions in hours and loss of staff.

The vision and delivery of the CBS, which would build on the success of the Explore concept, was set out in detail at paragraphs17 to 47. Information on the governance of the CBS including the structure, Board of Directors and suggestions for the formation of Advisory Groups to assist in the running of the Society were reported at paragraphs 48 to 54. Detailed business plans had been prepared and financial projections over a 5 year period had shown projected savings of £200k for 2014/15, whilst maintaining paid staff in every library with no closures.

An implementation plan would now be developed and a shadow board set up, with formal staff consultation and community engagement, with a further report back to Cabinet in November.

The Cabinet Member confirmed staff support for the proposals and referred to the challenging business plan and potential risks, whilst delivering the necessary savings. Other Cabinet Members referred to the exciting opportunities this afforded the city whilst retaining the library service.

Officers spoke, on behalf of library staff, confirming that they were conscious of the trust placed in them if agreement was given to the social enterprise. Pointing out that this was a viable proposition which would ensure that this important service was maintained and developed.

Following further discussion it was

RESOLVED:       That Cabinet agree to:

(i)           Library and Archive staff establishing Explore Libraries and Archives Mutual as a Community Benefit Society.

(ii)          The award in principle of a contract to the Community Benefit Society through a single tender action.

(iii)        Nominate an individual to the Community Benefit Society Board.

(iv)    Delegate to the Director of CANS in consultation with the Director of CBSS the negotiation of the contract.

(v)         The contract terms being brought back to Cabinet for approval. ^1.

REASON:           To create the best delivery model for libraries and archive services in York.

This report details current and developing innovative services offered by City of York Council’s ICT department and the department’s aspirations of expanding its service provision with public sector partners and also make them available for the private sector.

RESOLVED:       That Cabinet agree to:

(i)           ICT exploring opportunities for trading its services and in house developed innovations.

(ii)         Delegate authority to the Director of CBSS in consultation with the Cabinet Member to approve arrangements for providing services to public sector partners and/or the private sector that are beneficial to all parties.

(iii)        Note that any activity traded through the City of York Trading Company is subject to the approval of the CYT Board.

REASON:  To enable opportunities for the trading of ICT services through the City of York Trading Company (CYT) to be explored with arrangements that are beneficial to all parties.

Consideration was given to a report which set out details of ICT’s current, developing and innovative services and the department’s aspirations for expanding service provision with public service partners and the private sector, through the City of York Trading Company (CYT).

Through cost effective and enabling technologies and in house skill ICT had now established a range of services that they were now in a position to market. These included in-house developed integration/application, hosting and support services and an in-house developed web app.

The Cabinet Member expressed his support for the delivery of services outside of the ICT customer base and for the exploration of potential income streams.

Following further discussion it was

RESOLVED:       That Cabinet agree to:

(i)           ICT exploring opportunities for trading its services and in house developed innovations.

(ii)         Delegate authority to the Director of CBSS in consultation with the Cabinet Member to approve arrangements for providing services to public sector partners and/or the private sector that are beneficial to all parties. ^1.

(iii)        Note that any activity traded through the City of York Trading Company is subject to the approval of the CYT Board.

REASON:  To enable opportunities for the trading of ICT services through the City of York Trading Company (CYT) to be explored with arrangements that are beneficial to all parties.

The purpose of this report is to provide Cabinet with an assessment of the poverty challenge in York and a draft vision for a poverty free York agreed with external partners.

RESOLVED:       That Cabinet agree to:

(i)           The vision for a poverty-free York.

(ii)          Funding of £100,000 from the Delivery and Innovation Fund.

(iii)        A work programme to develop longer term measures to address poverty in York.

(iv)        The proposed Governance arrangements as set out in paragraphs 29 to 31 of the report.

REASON:  To ensure effective delivery of the Protecting Vulnerable People objective in the Council Plan.

Consideration was given to a report which provided Cabinet with an assessment of the poverty challenge in York, a draft vision for a poverty free city together with initiatives, work areas and governance arrangements.

Although below the national average, poverty in York was reported to be on the increase, at a rate beyond the ability of the Council, in isolation, to manage. Details of Funds, Schemes and work programmes to address the problems of financial and economic inclusion were reported at paragraphs 10 to 14 with the draft vision and targets for a poverty free city at paragraphs 15 to 17 and at Table 1 and Annex A. Proposals for immediate action to be taken over the next two years, in partnership with other bodies in the city,  were set out at Table 2 and Annex B.

To ensure that this work was managed efficiently and decision making lines streamlined the governance arrangements were currently under review.

The Cabinet Leader praised the work already undertaken and to the Press campaign to tackle the stigma of poverty. Other Cabinet Members highlighted the significant actions proposed in the longer term to assist this vulnerable group.

RESOLVED:       That Cabinet agree to:

(i)           The vision for a poverty-free York.

(ii)          Funding of £100,000 from the Delivery and Innovation Fund.

(iii)        A work programme to develop longer term measures to address poverty in York.

(iv)        The proposed Governance arrangements as set out in paragraphs 29 to 31 of the report. ^1.

REASON:  To ensure effective delivery of the Protecting Vulnerable People objective in the Council Plan.

This report seeks Cabinet approval for the initiation of compulsory purchase proceedings in relation to a particular long-term empty property.

RESOLVED:       That Cabinet agree to:

(i)           Approve the use of Compulsory Purchase Orders under section 17 and Part XVII of the Housing Act 1985, and the Acquisition of Land Act 1981 for the purchase of the property and associated land identified in confidential Annexes C and D attached to the report, for the purposes of renovation and reoccupation as residential accommodation.

(ii)         Authorise the Head of Asset and Property Services to seek the purchase of the property by agreement in the first instance. 

(iii)        Authorise the Deputy Head of Legal Services to take the following steps in the event that purchase by agreement cannot be achieved:

a)           Take all necessary steps to secure the making, confirmation and implementation of the Compulsory Purchase Orders including the publication and service of all notices and the presentation of the Council’s case at any public enquiries.

b)           Suspend the Compulsory Purchase Order proceedings, or withdraw an Order, on being satisfied that the reported property will be satisfactorily renovated and re-occupied without the need to continue the purchase proceedings.

c)           Dispose of the property in accordance with the proposals set out in the report.

d)           Take all other necessary action to give effect to these recommendations.

(iv)       Authorise the purchase (if necessary), renovation and management of the property through the Housing Revenue Account (HRA).

REASON:       The property concerned has been vacant for a considerable number of years and continues to have a detrimental impact on the neighbourhood and individual residents.  All alternative avenues open to the Council to encourage the owner to bring the property back into use voluntarily have proved unsuccessful.  Acquisition followed by renovation and reoccupation through the Housing Revenue Account will help the Council respond to increasing housing need within the city and improve the quality of life for local residents.

Consideration was given to a report which sought Cabinet approval for the initiation of compulsory purchase proceedings in relation to a particularly long-term empty property.

This property had been empty for approximately 15 years and had been a source of nuisance and complaints from local residents and Councillors. Anti-social behaviour and criminal activity at the property had required the attendance of Police on a number of occasions. It was confirmed that all means of encouraging the owner to take action to bring the property back into use had failed.

Members attention was drawn to the Council’s new Empty Homes Strategy and Action Plan 2012-2015 prepared in 2011 which allowed the use of compulsory purchase powers, as a last resort, when all other endeavours had failed.

Consideration was given to the following options set out in further detail at paragraphs 14 to 20 of the report:

Option 1 – Take no further action with regard to the use of this power

Option 2 – Explore the use of alternative powers

Option 3 – Authorise the use of a Compulsory Purchase Order in the event that purchase by agreement cannot be achieved.

Cabinet Members reiterated the effect this property had on the local area and for the need to obtain re-occupation of empty homes.

RESOLVED:       That Cabinet agree to:

(i)           Approve the use of Compulsory Purchase Orders under section 17 and Part XVII of the Housing Act 1985, and the Acquisition of Land Act 1981 for the purchase of the property and associated land identified in confidential Annexes C and D attached to the report, for the purposes of renovation and reoccupation as residential accommodation.

(ii)         Authorise the Head of Asset and Property Services to seek the purchase of the property by agreement in the first instance.  ^1.

(iii)        Authorise the Deputy Head of Legal Services to take the following steps in the event that purchase by agreement cannot be achieved:

a)           Take all necessary steps to secure the making, confirmation and implementation of the Compulsory Purchase Orders including the publication and service of all notices and the presentation of the Council’s case at any public enquiries.

b)           Suspend the Compulsory Purchase Order proceedings, or withdraw an Order, on being satisfied that the reported property will be satisfactorily renovated and re-occupied without the need to continue the purchase proceedings.

c)           Dispose of the property in accordance with the proposals set out in the report.

d)           Take all other necessary action to give effect to these recommendations. ^2.

(iv)       Authorise the purchase (if necessary), renovation and management of the property through the Housing Revenue Account (HRA). ^3.

REASON:       The property concerned has been vacant for a considerable number of years and continues to have a detrimental impact on the neighbourhood and individual residents.  All alternative avenues open to the Council to encourage the owner to bring the property back into use voluntarily have proved unsuccessful.  Acquisition followed by renovation and reoccupation through the Housing Revenue Account will help the Council respond to increasing  ...  view the full minutes text for item 29.

This report outlines a case for a full city-wide trial of a public cycle hire scheme within York.

RESOLVED:       That Cabinet agree to:

(i)           The general principle of introducing a public cycle hire scheme within York;

(ii)          Give approval for Officers to undertake further development of a business model for a scheme, including seeking external sources of funding and tendering for a potential provider;

(iii)        Receive a further report at a future Cabinet meeting setting out the full financial implications and potential funding sources, and further consider at that point the introduction of a full city wide trial of a public cycle hire scheme for 24 months.

REASON:           To continue to promote cycling within York as a sustainable transport option and offer a low-cost alternative to private transport for short journeys.  This would be primarily aimed at residents of the city and its suburbs, but would also appeal to commuters as well as some visitors. 

The Cabinet considered a report which outlined the case for a full city-wide trial of a public cycle hire scheme within York, prepared following examination of other city schemes. This provision would work towards providing a long-term legacy for the city and reinforce York’s position as lead Cycling City in the region.

Discussions were at present being held with potential stakeholders. It was confirmed that, if sponsorship was secured for a cycle hire scheme, the set up costs to roll out a full city-wide initiative would be significantly reduced. It had also been suggested that any trial should be undertaken on a comparable level to estimate future demand. Further information on charging and the location of the docking stations and number of bikes were reported at paragraphs 27 to 29 and Annex A.

The costs associated with the set up were provided at paragraph 30. With information on the proposed phased approach for the trial scheme and consultation undertaken at paragraphs 38 and 39.

The Cabinet Member referred to this gap in the cities cycle hire scheme which this proposal sought to address.

Consideration was then given to the following options:

Option A – Give approval for Officers to undertake a tendering exercise with interested companies which would establish the costs associated with undertaking a full city-wide trial for 24 months, delivered in it’s entirety by a third-party.  Secondly, secure corporate sponsorship and/or any other potential external funding of the scheme to offset some of the revenue costs to the Council.  Return to Cabinet at a future date to present the outcome of this exercise with a conditional view to awarding the tender and the full roll out of a scheme.

Option B – To not have a cycle hire scheme for York due to the recognised limitations that have been experienced in other towns/cities.

RESOLVED:       That Cabinet agree to:

(i)           The general principle of introducing a public cycle hire scheme within York;

(ii)          Give approval for Officers to undertake further development of a business model for a scheme, including seeking external sources of funding and tendering for a potential provider;

(iii)        Receive a further report at a future Cabinet meeting setting out the full financial implications and potential funding sources, and further consider at that point the introduction of a full city wide trial of a public cycle hire scheme for 24 months. ^1.

REASON:           To continue to promote cycling within York as a sustainable transport option and offer a low-cost alternative to private transport for short journeys.  This would be primarily aimed at residents of the city and its suburbs, but would also appeal to commuters as well as some visitors. 

RECOMMENDED:        That Council agree to the restated 2013/14 to 2017/18 programme of £203.295m as summarised in Table 3 and detailed in Annex A of the report.

REASON:                     To allow the continued effective financial management of the capital programme from 2013/14 to 2017/18.

[See also Part A minute]

Consideration was given to a report which set out the capital programme outturn position, including any under or overspends details of the overall funding of the programme together with an update on the impact of this on future years.

An outturn of £46.476m was reported compared to the approved budget of £57.281m, financed by £21.227m of external funding and £36.054 of internal funding, a variation of £10.805m, of which £10.4457m had been reprofiled to future years. Details of the variances for individual departments along with requests for reprofiling were set out at Table 1 and paragraphs 8 to 31 of the report.

Information was provided on the Economic Infrastructure Fund with an overall value of £28.5 covering a 5 year period with schemes committed to a value of £17.663m, detailed at Annex B.

Updates on the 2013/14-2017/18 Capital Programme were reported at Table 2 and Annex A, with further details at paragraphs 39 to 43 and the projected Capital Programme financing for this period reported at Table 4. It was confirmed that close monitoring of the overall funding position was being undertaken by the Director of Customer and Business Support Services with any issues being reported back to Cabinet.

The Cabinet Member referred to the reprofiling of funds, part of which included delays in DfT approval for the Access York scheme. The West Offices development was however still expected to be under spent and on time a significant achievement.

Following further discussion it was

RECOMMENDED:        That Council agree to the restated 2013/14 to 2017/18 programme of £203.295m as summarised in Table 3 and detailed in Annex A of the report. ^1.

REASON:                     To allow the continued effective financial management of the capital programme from 2013/14 to 2017/18.

RECOMMENDED:      That Council agree to:

(i)           Note and support the findings of the West Yorkshire Review, set out in Annex A of the report, including that a Combined Authority for the area of West Yorkshire, and ultimately including the City of York, would be likely to improve:

§     the exercise of statutory functions relating to economic development, regeneration and transport in the area;

§     the effectiveness and efficiency of transport in the area; and

§     the economic conditions in the area.

(ii)          Consider and support the proposed Scheme for establishing a West Yorkshire Combined Authority, pursuant to Section 109(2) of the Local Democracy, Economic Development and Construction Act (LDEDCA) 2009.

(iii)        Confirm consent for the City of York Council to becoming a non-constituent member of the West Yorkshire Combined Authority, pending assurance from proposed constituent members as to the decisions on which CYC as a non-constituent member will be given voting rights.

(iv)        Authorise the Chief Executive, in consultation with the Leader and with the other West Yorkshire Authorities to undertake such steps as are necessary to facilitate the submission of the Scheme and CYC’s non-constituent membership of the resulting Combined Authority.

(v)         Pursue full membership for City of York Council, and to consider the full details of this full membership as and when it becomes possible for the Council to join as a full member.

REASON:           To secure greater influence over and opportunity for investment in infrastructure in the City of York.

Members considered a report which confirmed the next steps for the City of York Council in becoming a non-constituent member of the West Yorkshire Combined Authority, in order to improve transport and economic activity.

As it was not currently legally possible for York to become a full constituent member, non-constituent membership was proposed in the interim which would allow a degree of decision making powers.

In order to secure Government approval for a Combined Authority the West Yorkshire Local Authorities were required to undertake a statutory review of economic and transport functions, details of which were set out at paragraphs 8 to16 and at Annex A of the report. The proposal for the Combined Authority, legally known as a “Scheme”, prepared for the approval of the Secretary of State was shown at Annex B, which, if agreed, could result in the Combined Authority being created by April 2014. 

Further information on the Scheme and supporting structures were reported at paragraphs 21 to 25 with timescales for future decisions at paragraph 28. The legal implications and risks of the Council not becoming a member were also reported.

The Leader confirmed a change in the report recommendation, in that the recommendations required Council approval. The Cabinet Member reiterated the importance of membership of the Authority and the gains for economic growth and receipt of transport funding for the city.

RECOMMENDED:      That Council agree to:

(i)           Note and support the findings of the West Yorkshire Review, set out in Annex A of the report, including that a Combined Authority for the area of West Yorkshire, and ultimately including the City of York, would be likely to improve:

§     the exercise of statutory functions relating to economic development, regeneration and transport in the area;

§     the effectiveness and efficiency of transport in the area; and

§     the economic conditions in the area.

(ii)          Consider and support the proposed Scheme for establishing a West Yorkshire Combined Authority, pursuant to Section 109(2) of the Local Democracy, Economic Development and Construction Act (LDEDCA) 2009.

(iii)        Confirm consent for the City of York Council to becoming a non-constituent member of the West Yorkshire Combined Authority, pending assurance from proposed constituent members as to the decisions on which CYC as a non-constituent member will be given voting rights.

(iv)        Authorise the Chief Executive, in consultation with the Leader and with the other West Yorkshire Authorities to undertake such steps as are necessary to facilitate the submission of the Scheme and CYC’s non-constituent membership of the resulting Combined Authority.

(v)         Pursue full membership for City of York Council, and to consider the full details of this full membership as and when it becomes possible for the Council to join as a full member. ^1.

REASON:           To secure greater influence over and opportunity for investment in infrastructure in the City of York.