Agenda, decisions and draft minutes

Venue: The George Hudson Board Room - 1st Floor West Offices (F045). View directions

Contact: Robert Flintoft  Democratic Services Officer

Webcast: Watch or listen to the meeting online

Items
No. Item

102.

Declarations of Interest (17:30)

At this point in the meeting, Members and co-opted members are asked to declare any disclosable pecuniary interest, or other registerable interest, they might have in respect of business on this agenda, if they have not already done so in advance on the Register of Interests. The disclosure must include the nature of the interest.

 

An interest must also be disclosed in the meeting when it becomes apparent to the member during the meeting.

 

(1)     Members must consider their interests, and act according to the following:

 

Type of Interest

You must

Disclosable Pecuniary Interests

Disclose the interest, not participate in the discussion or vote, and leave the meeting unless you have a dispensation.

Other Registrable Interests (Directly Related)

OR

Non-Registrable Interests (Directly Related)

Disclose the interest; speak on the item only if the public are also allowed to speak, but otherwise not participate in the discussion or vote, and leave the meeting unless you have a dispensation.

Other Registrable Interests (Affects)

OR

Non-Registrable Interests (Affects)

Disclose the interest; remain in the meeting, participate and vote unless the matter affects the financial interest or well-being:

(a) to a greater extent than it affects the financial interest or well-being of a majority of inhabitants of the affected ward; and

(b) a reasonable member of the public knowing all the facts would believe that it would affect your view of the wider public interest.

In which case, speak on the item only if the public are also allowed to speak, but otherwise do not participate in the discussion or vote, and leave the meeting unless you have a dispensation.

 

(2)     Disclosable pecuniary interests relate to the Member concerned or their spouse/partner.

 

(3)     Members in arrears of Council Tax by more than two months must not vote in decisions on, or which might affect, budget calculations, and must disclose at the meeting that this restriction applies to them. A failure to comply with these requirements is a criminal offence under section 106 of the Local Government Finance Act 1992.

Minutes:

Members were asked to declare at this point in the meeting any disclosable pecuniary interest or other registerable interest they might have in respect of business on the agenda, if they had not already done so in advance on the Register of Interests.

 

Cllr Kilbane declared that he had a prejudicial interest in relation to agenda item 6 The Council’s Contract with Make It York, as he is a member of the Make It York Board of directors.

 

Cllr Ayre declared that he had a personal interest in relation to agenda item 5 Procurement of Healthwatch York, as he worked for a Healthwatch contract provider in Bradford.

103.

Minutes (17:31) pdf icon PDF 328 KB

To approve and sign the minutes of the Executive meeting held on 20 Febuary 2024.        

Minutes:

Resolved:  That the minutes of the Executive meeting held on 20 February 2024 be approved and then signed by the Chair as a correct record.

104.

Public Participation (17:32)

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 Executive.

 

Please note that our registration deadlines are set as 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 12 March 2024.      

 

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 Public Meetings

 

Please note that, subject to available resources, this meeting will be webcast including any registered public speakers who have given their permission. The meeting can be viewed live and on demand at www.york.gov.uk/webcasts.

 

During coronavirus, we made some changes to how we ran council meetings, including facilitating remote participation by public speakers. See our updates (www.york.gov.uk/COVIDDemocracy) for more information on meetings and decisions.

 

Minutes:

It was reported that there had been 2 registrations to speak at the meeting under the Council’s Public Participation Scheme.

 

Flick Williams stated that language mattered and states originally in reports around ‘suffering’ with disabilities showed issues which needed addressing with training in the Council. She also stated that disabled advocacy groups were being over relied on in multiple consultations and asked the Council to use things such as the Higgins report to advise policy decision making.

 

Joseph Gilling spoke on behalf of the York Cycle Campaign, he highlighted that York residents responding to the Local Transport Strategy consultation wanted a city that is safe and convenient to cycle, walk, and catch a bus, not one dominated by cars. He stated that the Council had not previously delivered against this desire for more active travel and that projects that put active travel first were needed to reverse the decline in cycling.

105.

Forward Plan (17:40) pdf icon PDF 193 KB

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

Minutes:

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.

 

106.

Procurement of Healthwatch York (17:41) pdf icon PDF 319 KB

This report seeks permission to reprocure the City of York Council’s Healthwatch York contract for a maximum 4 year value of £462,440.

Decision:

Resolved:

 

                      i.         Approved the decision to go out to tender for Healthwatch York for 4-years under Option 1 within the report;

                    ii.         To delegate authority to the Director of Customers and Communities in consultation with the Head of Procurement (or their delegated officers) to seek Providers from the market for provision of a total 4-year Healthwatch York contract in compliance with the Council’s Contract Procedure Rules and the Public Contract Regulations 2015;

                   iii.         To delegate authority to the Director of Customers and Communities in consultation with the Director of Governance (or their delegated officers) to determine and conclude the terms of the resulting contract with the chosen provider; and

                  iv.         To delegate authority to the Director of Customers and

Communities in consultation with the head of Procurement and Director of Governance (or their delegated officers) to determine and conclude the terms of any amendments, extensions, and/or modifications to the contract post award in compliance with the Council’s Contract Procedure Rules and the Public Contracts Regulations 2015.

 

Reason:      To meet the council’s statutory duty to commission an

independent Healthwatch York service.

Minutes:

[Cllr Ayre left the meeting for this item]

 

The Director of Customer & Communities introduced the report and outlined the recommendations to reprocure the City of York Council’s Healthwatch York contract for a maximum 4 year value of £462,440. It was highlighted that a 4 year contract would offer stability for the contract holder and assist in staff recruitment.

 

The Executive Member for Health, Wellbeing and Adult Social Care welcomed the work undertaken as part of the Healthwatch contract and thanked York CVS for there work as the previous contract holder. She noted that the new contract would fund the maximum amount of time and the security of income for the Healthwatch provider and would be a benefit for residents.

 

Resolved:

 

                      i.         Approved the decision to go out to tender for Healthwatch York for 4-years under Option 1 within the report;

                    ii.         To delegate authority to the Director of Customers and Communities in consultation with the Head of Procurement (or their delegated officers) to seek Providers from the market for provision of a total 4-year Healthwatch York contract in compliance with the Council’s Contract Procedure Rules and the Public Contract Regulations 2015;

                   iii.         To delegate authority to the Director of Customers and Communities in consultation with the Director of Governance (or their delegated officers) to determine and conclude the terms of the resulting contract with the chosen provider; and

                  iv.         To delegate authority to the Director of Customers and

Communities in consultation with the head of Procurement and Director of Governance (or their delegated officers) to determine and conclude the terms of any amendments, extensions, and/or modifications to the contract post award in compliance with the Council’s Contract Procedure Rules and the Public Contracts Regulations 2015.

 

Reason:      To meet the council’s statutory duty to commission an

independent Healthwatch York service.

107.

The Council’s Contract with Make It York (17:46) pdf icon PDF 397 KB

This report sets out the proposal to extend the Term of the current Make it York Limited Service Contract, to grant Make it York a lease/occupational agreement of the Shambles Market site and market office on Silver Street, and sets out any changes to the Service Level Agreement (SLA), charging and invoicing provisions, as well as any property related arrangements for the extended term.

Additional documents:

Decision:

Resolved:

 

                      i.         Approved the MIY Service Contract extension for two years (23 September 2024 to 22 September 2026), using the extension provisions under the current contract;

                    ii.         Approved the new SLA shown at Annex A and the changes to charging set out at paragraph 14-15;

                   iii.         To delegate authority to the Director of Customer and Communities (and their delegated officers), in consultation with the Director of Governance (and their delegated officers in Legal Services), to determine the provisions of any documentation required under the terms and conditions current contract to effect the extension and incorporate the new SLA in the contract;

                  iv.         Approved the granting of a lease/occupational agreement to MiY of the Shambles Market site and market office on Silver Street (at a peppercorn annual rent) until and including 22 September 2026 with delegated authority to the Director of Customer and Communities (and their delegated officers), in consultation with the Director of Governance, to negotiate the provisions of and conclude the entry into of such agreement.

 

Reason:     To keep secure a strong future for MiY as a Teckal

company.

Minutes:

[Cllr Kilbane left the meeting for this item]

 

The Strategic Services Manager set out the proposal to extend the contract of Make it York by 2 years and make changes to their service level agreement. He also highlighted the proposed new City Centre Vision and noted how this framework would inform future service level agreements with Make it York.

 

The Executive Member for Health, Wellbeing and Adult Social Care welcomed the work undertaken by Make it York to promote the city and assist the Council to operate dynamically in the tourism market. She noted the positive steps taken by Make it York to focus on greater income generation while maintaining commitments to delivering events such as Pride in the city. Finally she welcomed Make it York’s work in promoting the city centre residents as well as tourists and there involvement in the delivering the Councils culture strategy and support for the UNESCO bid.

 

Resolved:

 

                      i.         Approved the MIY Service Contract extension for two years (23 September 2024 to 22 September 2026), using the extension provisions under the current contract;

                    ii.         Approved the new SLA shown at Annex A and the changes to charging set out at paragraph 14-15;

                   iii.         To delegate authority to the Director of Customer and Communities (and their delegated officers), in consultation with the Director of Governance (and their delegated officers in Legal Services), to determine the provisions of any documentation required under the terms and conditions current contract to effect the extension and incorporate the new SLA in the contract;

                  iv.         Approved the granting of a lease/occupational agreement to MiY of the Shambles Market site and market office on Silver Street (at a peppercorn annual rent) until and including 22 September 2026 with delegated authority to the Director of Customer and Communities (and their delegated officers), in consultation with the Director of Governance, to negotiate the provisions of and conclude the entry into of such agreement.

 

Reason:     To keep secure a strong future for MiY as a Teckal

company.

108.

Statement of Community Involvement update (17:55) pdf icon PDF 393 KB

This report requests members to agree an update to the Statement of Community Involvement  for consultation purposes.

 

Additional documents:

Decision:

Resolved:

 

                      i.         Approved the draft revised Statement of Community involvement (Annex C) for public consultation;

                    ii.         To delegate the consultation strategy for the Statement of Community involvement to the Corporate Director of Place in consultation with the Executive Member for Housing, Planning and Safer Communities.

 

Reason:     To update the Statement of Community Involvement as

the regulatory consultation document for planning purposes.

Minutes:

The Head of Strategic Planning Policy introduced the report outlining that the Councils consultation procedures required being brought up to date ahead of the delivery phase of the Local Plan. It was confirmed that the Statement of Community Involvement was a legal requirement and that it was important for the Council to undertake consultations properly to avoid grounds for judicial review.

 

The Executive Member for Housing, Planning and Safer Communities highlighted the importance of getting consultations right and to ensure decisions are taken which are financially, socially, and morally right for the Council and the city.  

 

Resolved:

 

                      i.         Approved the draft revised Statement of Community involvement (Annex C) for public consultation;

                    ii.         To delegate the consultation strategy for the Statement of Community involvement to the Corporate Director of Place in consultation with the Executive Member for Housing, Planning and Safer Communities.

 

Reason:     To update the Statement of Community Involvement as

the regulatory consultation document for planning purposes.

109.

Delivering additional Gypsy and Traveller Accommodation and improving existing facilities (18:04) pdf icon PDF 278 KB

This report provides an update on the council’s Gypsy and Traveller accommodation. It details how existing facilities will be improved and how additional accommodation will be delivered.

 

Additional documents:

Decision:

Resolved:

 

                      i.         Approved the approach to forward fund the delivery of additional Gypsy and Traveller pitches to meet the need identified in the Local Plan alongside improving existing provision. In doing so, formally acknowledging an investment estimated to be £5.25m will be needed and officers instructed to produce a detailed business case which will be brought before Executive for consideration later in the year;

                    ii.         Approved the physical investments in pitches (recommendation i), and noted that a separate report will be brought to Executive to refresh the Council’s commitment to addressing the inequalities of all kinds that are faced by the gypsy and traveller community. This separate piece of work will set out a wide range of actions that are being developed with the gypsy and traveller community in order to address the issues highlighted in a recently completed Gypsy and Traveller Health Needs Assessment and those that have been identified by the gypsy and traveller community or through the discussions on the subject of this report;

                   iii.         Noted that a recruitment process is underway for a Senior Project Officer Gypsy and Traveller Accommodation. This role will lead on the development of investment plans into both the development of existing pitches and the improvement of existing accommodation and facilities.

                  iv.         Noted that a stock condition survey has been commissioned to be completed in spring and the outcome of which will inform investment plans alongside resident engagement;

                    v.         Noted that, subject to further Executive approval post plan adoption, a Supplementary Planning Document will be developed setting out the design principles for pitch delivery to support the Local Plan policies that require additional pitches on both council sites and Strategic Housing Sites;

                  vi.         To establish a workstream to identify and assess alternative sites to support Gypsy and Traveller Accommodation using a benchmarking approach of the proposed Osbaldwick site expansion and the associated health and social outcomes using a suite of  site selection criteria (to be agreed by Executive) against any alternative windfall sites across the identified developable area in the Local Plan that may emerge at a later date and reporting of that exercise to Executive prior to the commencement of the expansion of the Osbaldwick site.

 

Reason:    To ensure that the Council’s commitment to meeting pitch requirements as set out in the Local Plan is appropriately met. The Local plan identifies that up to 1800 windfall sites for housing are likely to become available during the plan period. Therefore there may be alternative delivery options that may offer long-term advantages to meeting growing Gypsy and Traveller needs. Alternative sites have not been identified during the previous Local Plan site search for Gypsy and Traveller accommodation, but this does not mean they will not exist in the near future.

Minutes:

The Director of Housing, Economy & Regeneration introduced the report and highlighted the need to improve the quality of City of York Council Gypsy and Traveller accommodation sites and the requirement to expand provision in the Local Plan. Officers noted the requirement for 22 pitches to meet defined and undefined need.

 

The Executive Member for Housing, Planning and Safer Communities highlighted the Local Plan inspectorate’s concerns regarding Gypsy and Traveller accommodation provision in York. He noted that these were communities that had been marginalised and ignored, which had resulted in sites such as those in Osbladwick required significant improvement. He highlighted the Councils aim to rebuild its relationship with this community and deliver the improvements and additional provision required.

 

Officers confirmed that the cost of pitch provision was estimated to £5.25m, of this sum potentially £1.95m will come from future

s106 contributions. This would leave £3.3m long term borrowing

requirement to the Council.

 

Resolved:

 

                   i.        Approved the approach to forward fund the delivery of additional Gypsy and Traveller pitches to meet the need identified in the Local Plan alongside improving existing provision. In doing so, formally acknowledging an investment estimated to be £5.25m will be needed and officers instructed to produce a detailed business case which will be brought before Executive for consideration later in the year;

                  ii.        Approved the physical investments in pitches (recommendation i), and noted that a separate report will be brought to Executive to refresh the Council’s commitment to addressing the inequalities of all kinds that are faced by the gypsy and traveller community. This separate piece of work will set out a wide range of actions that are being developed with the gypsy and traveller community in order to address the issues highlighted in a recently completed Gypsy and Traveller Health Needs Assessment and those that have been identified by the gypsy and traveller community or through the discussions on the subject of this report;

                 iii.        Noted that a recruitment process is underway for a Senior Project Officer Gypsy and Traveller Accommodation. This role will lead on the development of investment plans into both the development of existing pitches and the improvement of existing accommodation and facilities.

                iv.        Noted that a stock condition survey has been commissioned to be completed in spring and the outcome of which will inform investment plans alongside resident engagement;

                  v.        Noted that, subject to further Executive approval post plan adoption, a Supplementary Planning Document will be developed setting out the design principles for pitch delivery to support the Local Plan policies that require additional pitches on both council sites and Strategic Housing Sites;

                vi.        To establish a workstream to identify and assess alternative sites to support Gypsy and Traveller Accommodation using a benchmarking approach of the proposed Osbaldwick site expansion and the associated health and social outcomes using a suite of  site selection criteria (to be agreed by Executive) against any alternative windfall sites across the identified developable area in the Local Plan that may emerge at a later date and  ...  view the full minutes text for item 109.

110.

Local Transport Strategy update (18:27) pdf icon PDF 300 KB

This report seeks to provide the Executive with an update on the Local Transport Strategy.

Additional documents:

Decision:

Resolved:

 

                      i.         Noted the results of “Our Big Transport Consultation”, and instruct officers to prepare a Local Transport Strategy guided by the results of the consultation on the Local Transport Strategy’s policies in “Our Big Transport Conversation”. This new Local Transport Strategy will be presented to Executive for adoption later in 2024 so that it can form the basis of discussions about transport investment in York which will take place between City of York Council and the York and North Yorkshire Mayor;

                    ii.         Delegated authority to the Director of Transport, Environment and Planning, in consultation with the Director of Governance and Executive Member for Transport and Economy to publish technical pieces of work, which are required to progress transport plan making in York – as these pieces of work become available. This is likely to include plans to improve bus services, under York’s Bus Service Improvement Plan, the York Local Cycling and Walking Infrastructure Plan and various modelled assessments of York’s transport network;

                   iii.         To request that the Director of Environment, Transport and Planning develops a brief for a Movement and Place Plan for York and note that a further report about Supplementary Planning Documents to the Local Plan will be bought before Members later in 2024. This will include the transport Supplementary Planning Document;

                  iv.         Approved the proposed approach of delivering “quick wins” which reflect the results from the engagement process when this can be achieved within existing budgets and powers.

 

Reason:     To respond to the Our Big Transport Conversation

and develop a Local Transport Strategy to support the new Mayor in the development of a Transport Plan for York and North Yorkshire which reflects the challenges and views of York.

Minutes:

The Director of Transport, Environment and Planning introduced the report and apologised for the use of language in the original Annex B and noted that as a result the annex had been republished and amended as an agenda supplement. Regarding the report he highlighted that the Council had received significant and positive response to the consultation which strongly supported the themes in the Consultation of the Local Transport Strategy. He confirmed that the next steps would be to work towards a detailed strategy, that could be in place to work with the new York and North Yorkshire Mayor.

 

The Executive Member for Environment and Climate Emergency welcomed the outcome from the consultation showing support for the Council’s key policy areas. She highlighted the importance of the Local Transport Strategy would have in meeting the Council’s climate change commitments. She outlined the importance of finding quick wins and policies that delivered co benefits that improved green spaces, helped people move around the city sustainably, and reduced emissions.

 

The Executive Member for Economy & Transport apologised for the original language within Annex B. He highlighted that the Council needed to deliver on air quality, congestion, and to free up road space for public transport, cycling, and walking. He welcomed the results from the Local Transport Strategy consultation and noted that it showed that residents wanted change from the status quo.

 

Resolved:

 

                      i.         Noted the results of “Our Big Transport Consultation”, and instruct officers to prepare a Local Transport Strategy guided by the results of the consultation on the Local Transport Strategy’s policies in “Our Big Transport Conversation”. This new Local Transport Strategy will be presented to Executive for adoption later in 2024 so that it can form the basis of discussions about transport investment in York which will take place between City of York Council and the York and North Yorkshire Mayor;

                    ii.         Delegated authority to the Director of Transport, Environment and Planning, in consultation with the Director of Governance and Executive Member for Transport and Economy to publish technical pieces of work, which are required to progress transport plan making in York – as these pieces of work become available. This is likely to include plans to improve bus services, under York’s Bus Service Improvement Plan, the York Local Cycling and Walking Infrastructure Plan and various modelled assessments of York’s transport network;

                   iii.         To request that the Director of Environment, Transport and Planning develops a brief for a Movement and Place Plan for York and note that a further report about Supplementary Planning Documents to the Local Plan will be bought before Members later in 2024. This will include the transport Supplementary Planning Document;

                  iv.         Approved the proposed approach of delivering “quick wins” which reflect the results from the engagement process when this can be achieved within existing budgets and powers.

 

Reason:     To respond to the Our Big Transport Conversation

and develop a Local Transport Strategy to support the new Mayor in the development of a Transport Plan for York and North  ...  view the full minutes text for item 110.

 

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