Agenda and minutes

Cabinet
Tuesday, 20th May, 2014 10.00 am

Venue: Town Hall, Scarborough

Items
No. Item

1.

Declarations of Interest pdf icon PDF 21 KB

Members are reminded of the need to consider whether they have a personal or prejudicial interest, or a disclosable pecuniary interest, to declare in any of the items on this agenda.  If so, the nature of the interest must be declared at the start of the meeting or as soon as the interest becomes apparent.  In addition, the attached form must be completed and passed to the Committee Administrator.  The Officers will be pleased to advise, if necessary, and any request for assistance should be made, in the first instance, to the Committee Administrator whose name appears at the end of this agenda.  Ideally, such advice should be sought before the day of the meeting so that time is available to consider any uncertainty that might arise.

Minutes:

No declarations of interest were received.

 

2.

Minutes pdf icon PDF 88 KB

To approve as a correct record and sign the Minutes of the meeting held on 8 April 2014 (attached).

Minutes:

RESOLVED that the minutes of the meeting held on 8 April 2014 be approved as a correct record and signed by the Chairman.

 

3.

Public Question Time

Public questions of which due notice has been given and which are relevant to the business of the Cabinet.

Minutes:

The Chief Executive reported that two public questions had been received from (i) Ms Vanda Inman and (ii) Mr Tim Thorne who were both present at the meeting.  The questions and responses are set out below.

 

(i) Would you ask the Council to consider the benefits and costs regarding the 'Scarborough Seafest at West Pier' and discuss what it adds rather than detracts from the local economy?  Can you cancel it?  After last year’s (2013) miserable event I really do feel that this is a 'non-event' that adds nothing to the local economy.
My reasons for this are:
1.  The timing of the Seafest Event - this has been moved to coincide with the first high peak season week-end of the year. ie the first week-end that the schools break up for Summer Holidays.  This is normally the busiest week of the year for seasonal traders on the seafront.   Surely 'festivals' and events should be timed to be outside of the 'peak' season to extend the  tourism/visitor Scarborough 'season' as part of making Scarborough an all year round visitor destination.
2.  The closure of West Pier Car park to hold this event is, in my opinion, detrimental to the traders of Foreshore Road.  Where are the visitors supposed to park on the normal busiest weekend of the year?  Apart from the parking revenue that is lost, as a Foreshore Road 'trader' I lost money last year on this weekend,  and so did many others traders along the seafront.     
3.  Last year's Seafest consisted of a large beer tent, some food stalls, including Sainsbury's who were selling fruit! What has that got to do with anything 'Seafest'?
4.  The beer tent contradicts the by-laws about alcohol being consumed in a public open space.  The pubs are finding times hard enough without beer tents popping up.
In short I am asking you to either
1.  Cancel the event entirely - it is a failure.

2.  Put the event outside of the peak-season  - to 'extend' the visitor experience and also re assess the purpose of the event. 

3.  Monitor very closely this year's event,   with a cost/benefit analysis of   who exactly benefits from this event, if anybody, and ask local traders if it adds or detracts to the local economy.

 

Councillor Chance: ‘Seafest has been running now for over fifteen years and is a well established event on the town’s annual event calendar.  We do know that a large proportion of visitors who attend events are from outside of the Borough.  Events are just one of the many reasons that visitors come to the Borough for holidays and short breaks.  It is however important that we have a clear understanding of why we support or promote particular events and that we use our resources in the most effective way.

 

It is certainly not my intention to cancel the event, not least because Seafest is no longer an event that belongs solely to the Borough  ...  view the full minutes text for item 3.

4.

Forward Plan pdf icon PDF 192 KB

To review the Cabinet’s Forward Plan (reference 14/179) attached.

Minutes:

RESOLVED that the Forward Plan (Reference 14/179) be approved.

 

5.

Progress of Scrutiny of Executive Decisions

To receive an oral report by the Chief Executive.

Minutes:

Members were informed that there had been no call-ins of executive decisions since the last meeting on 8 April.

 

6.

Homeless Strategy Update and Refresh pdf icon PDF 310 KB

To consider a report by the Director of Service Delivery (reference 14/161) attached.

Minutes:

The Cabinet considered a report by the Director of Service Delivery (Reference 14/161) in respect of the Council’s Homelessness Strategy and proposed changes to the associated Action Plan.  Members were advised that performance measured against the Action Plan was very good, with high levels of homelessness prevention, reduced numbers in temporary accommodation and reduced costs to the Council.  However, there were challenges ahead, which included managing the consequences of the closure of Scarborough Homeless Support Services, and providing additional supported housing for young people as part of the multi-agency Young Persons Pathway.  Both these matters were addressed in the report’s recommendations.

RESOLVED that the Cabinet:

(i)                 Note the current situation with regard to levels of homelessness within the Borough and note progress against the delivery of Council’s Homeless Strategy Action Plan.

 

(ii)               Approve the adoption of a refreshed and updated action plan.

 

(iii)             Note the recent closure of the local charity, Scarborough Homeless Support Services. Instruct officers to undertake a commissioning exercise to select a replacement voluntary sector provider for the provision of emergency accommodation and associated services for homeless single people during the winter months and report back to Cabinet on completion of that exercise.

 

(iv)              Give strategic support for the development of additional supported accommodation for homeless young people. Instruct officers to work with partners to explore opportunities to develop additional accommodation for homeless young people and report back to Cabinet on completion of this exercise.

 

Reasons

To ensure that the Council has adequate plans and measures in place to effectively prevent homelessness within the Borough and meet its legal obligations.

 

7.

Scarborough Borough Draft Local Plan pdf icon PDF 184 KB

To consider a report by the Director of Service Delivery (reference 14/133) attached.

Additional documents:

Minutes:

The Cabinet considered a report by the Director of Service Delivery (Reference 14/133) in respect of the draft Scarborough Borough Local Plan.  In presenting the report, the Portfolio Holder noted the amendments to the draft Plan which had been agreed at the Planning and Development Committee to include reference to district centres in addition to town centres, and paid tribute to the efforts of both officers and members of the Working Group in preparing the draft for public consultation.

RESOLVED that: the Cabinet:

(i)                 agree to the publication of the Draft Scarborough Borough Local Plan for public consultation; and

 

(ii)               agree that any substantive changes to the documents arising from Members discussions be subsequently cleared with Chair of Planning and Development Committee and the Portfolio Holder for Strategic Planning and Regeneration prior to publication.

 

Reasons

The Planning and Compulsory Purchase Act (2004) and the National Planning Policy Framework (NPPF) require local planning authorities to prepare local plan (formerly local development framework) documents that form part of the statutory development plan and are the basis for land use decisions, allocations and the determination of planning applications.

 

A fundamental requirement of the local plan preparation process is widespread community and stakeholder engagement. This decision will allow the Plan to be published for consultation for a period of 10 weeks, the results of which will be reported back to Members prior to the finalisation of the document.

 

8.

Year End Review of the "Going for Growth" Coastal Communities Fund Programme pdf icon PDF 196 KB

To consider a report by the Chief Executive (reference 14/158) attached.

Minutes:

The Cabinet considered a report by the Chief Executive (Reference 14/158) which reviewed the first year of the ‘Going for Growth’ Coastal Communities Fund Programme and proposed minor changes to the original programme.

RESOLVED that the Cabinet:

·        Endorse the first year activity of the ‘Going for Growth’ Coastal Communities Fund delivery comprising:

-        Road infrastructure on Whitby Business Park

-        An Apprenticeship Grant Programme

-        A revitalised Scarborough Jobmatch service in partnership with Groundwork North Yorkshire

-        The Yorkshire Coast Employability Charter in partnership with North Yorkshire Business Education Partnership

-        Enterprise support through events arranged in partnership with Leeds, York and North Yorkshire Chamber of Commerce

 

·         Approve minor changes to the original programme including the following;

-              Slight slippage in timescales for the completion of capital works on Whitby Business Park

-              A change in emphasis of the business support programme, moving from supply chain support for York Potash, to extending the services of the Yorkshire Coast Business Gateway for a further year to June 2015

-              A move away from the delivery of Enterprise Boot Camps to the delivery of business networking events supporting business growth

 

Reasons

To ensure that the ‘Going for Growth’ Coastal Communities Fund programme delivers a range of economic development projects in keeping with the original intention to promote sustainable economic growth and jobs.

 

9.

Robin Hood's Bay Main Sea Wall Project Appraisal Report pdf icon PDF 185 KB

To consider a report by the Chief Executive (reference 14/135) attached.

Minutes:

The Cabinet considered a report by the Chief Executive (Reference 14/135) which sought approval to accept 100% grant aid from the Environment Agency to undertake a Project Appraisal Report for the main concrete seawall in Robin Hoods Bay.

RESOLVED that the Cabinet:

(i)                 accept 100% FCDGiA (Flood and Coastal Defence Grant in Aid) funding from the Environment Agency to undertake a Project Appraisal report for the main concrete seawall in Robin Hoods Bay as recommended by the approved Robin Hoods Bay Strategy.  Total amount of grant aid awarded to the Council is £50,000;

(ii)               approve the appointment of consultants up to the amount of grant offered, selected through a competitive tendering exercise via the YORconsult Framework, to assist with the preparation of the project appraisal report (PAR).

 

Reasons

To produce a Project Appraisal Report (PAR) to enable the Council to seek further grant aid funding for a potential capital improvement Scheme to the main concrete seawall at Robin Hoods Bay.

 

To authorise officers to appoint a consultant to undertake the PAR following a competitive tendering exercise.

 

10.

Performance Monitoring - Quarter 4 2013/14 pdf icon PDF 177 KB

To consider a report by the Director of Democratic and Legal Services (reference 14/174) attached.

Additional documents:

Minutes:

The Cabinet considered a report by the Director of Democratic and Legal Services (Reference 14/174) in respect of year end performance data for the Council for 2013/14.  Members were advised that there had been an increase in the number of indicators which were achieving target over the year, although a small number of indicators were highlighted as ‘at risk’ at the end of 2013/14, of which it was recommended in the report that two be referred to scrutiny: serious acquisitive crime rate (per 1,000 population) and all crime rate per 100,000 population.  The Cabinet Member for Democracy, Neighbourhoods, Stronger and Safer Communities, Councillor Donohue-Moncrieff questioned this recommendation, maintaining that the Safer and Stronger Communities Scrutiny Committee had the previous week received a detailed report on crime data, on the multi-agency work and multiple initiatives which were being undertaken in problem wards, and that a longer term, more nuanced interpretation of the data was required, in which scrutiny was already engaged.

RESOLVED that the Cabinet:

(i)                 Note the results of the Performance Indicators for 2013/14 and in particular the pleasing continuous improvement of Council services.

 

(ii)               Note the good/satisfactory levels of performance being achieved by services at the current time

 

(iii)             Ensure that the performance information in relation to crime is monitored on a regular basis by the Safer and Stronger Communities Scrutiny Committee with a view to highlighting any future areas of concern including the submission of a full report to the Cabinet in September 2014

 

(iv)              Approve the recommendation to combine the Annual Improvement Plan and Annual report, in order to streamline the Council’s service and business planning processes

 

(v)                Note the good performance against the Critical Success Factors for 2013/14, including the fact that 92% of targets were delivered in full or part, which is an improvement on previous years

 

(vi)              Approve the Council’s Critical Success Factors for 2014/15 (which previously formed the Annual Improvement Plan).

 

Reasons

To provide information relating to Council performance for 2013/14 (inclusive). 

To ensure that the Council’s Corporate Service and Business planning processes are effective.

To seek approval for the Council’s Critical Success Factors for 2014/15.

In accordance with Government guidelines, details on the performance of the Council and its services must be made available through as many mechanisms as possible. 

 

11.

Futurist Theatre and Joint Venture Agreement with the Homes and Communities Agency pdf icon PDF 120 KB

To consider a report by the Director of Business Support (reference 14/171) attached.

Additional documents:

Minutes:

The Cabinet considered a report by the Director of Business Support (Reference 14/171) in respect of the redevelopment of the Futurist Theatre and wider site, and the Joint Venture Agreement with the Homes and Communities Agency.  In presenting his report, the Director of Business Support began by providing an update on the Joint Venture Board’s response to the petition initiated by Councillor Janet Jefferson which had been debated at full Council on 12 May and considered by the Board on 15 May.  Members were reminded that the petition from Scarborough Borough residents sought to retain the Futurist Theatre and support its restoration, expansion and inclusion within the proposed Town Hall and wider development plan.  Full Council agreed that the correct course of action was for this to be raised at the next Joint Venture Board.  Members were then informed that the Joint Venture Board had acknowledged receipt of the petition and the strength of opinion.  After considering the details within the petition, subject to Cabinet approval today, the Board’s preferred option was to progress a disposal strategy for the site with the objective of securing the development of a comprehensive, integrated scheme for the Futurist site.  The process for agreeing the disposal strategy was underway and by the 20 May 2014 both parties of the Joint Venture would have approval to take the strategy forward.  In endorsing the disposal strategy it was agreed that there would be nothing to preclude a proposal being brought forward from an interested party to refurbish the Futurist Theatre as part of a comprehensive scheme, looking at the whole of the complex (including the HCA’s assets with linkages to the wider regeneration benefits of the upper tier, as set out in the disposal strategy document) which would be considered in line with the assessment criteria set out in the disposal strategy (annexed at Appendix B of the report).  It was agreed that, subject to the disposal strategy being agreed by the Cabinet, that a representative of the group leading on the petition (Councillor Janet Jefferson) would be notified by the Council once the sale process began giving notice of the 12 week period for proposals to be submitted for consideration.  Members were then advised of the two phase approach proposed in the report to accelerate the development on the Lower Tier site, its implications for the Joint Venture equity share, and the ongoing survey work of the Lower Tier site enabled by the HCA’s original capital investment of £3.25m, which was required prior to marketing this development opportunity.  The two principal surveys outstanding were the asbestos and structural assessment of the Futurist building.  The Cabinet Member for Strategic Planning and Regeneration suggested an additional resolution (viii) that a charge of £150 be levied to provide the tender documents to potential bidders.  In the ensuing discussion, the Cabinet was advised that (i) the results of the ground investigation works in respect of the potential grave site were not yet known, and (ii) the Joint  ...  view the full minutes text for item 11.

12.

Disposal of Public Open Space Adjacent to Holbeck Hill - Holbeck Bowling Club Pavilion pdf icon PDF 2 MB

To consider a report by the Director of Business Support (reference 14/152) attached.

Additional documents:

Minutes:

The Cabinet considered a report by the Director of Business Support (Reference 14/152) which proposed the disposal of an area of public open space adjacent to Holbeck Hill Road.  

RESOLVED that the Cabinet:

(i)                 approve, in principle, the freehold disposal of one acre of land adjacent to Holbeck Hill Road as identified edged red on the attached plan (Appendix 1);

 

(ii)               approve the marketing of the land by way of a competitive tender;

 

(iii)             authorise Officers, when appropriate, to advertise the proposed disposal of Public Open Space with site notices;

 

(iv)              approve a marketing budget of £2,000 to be funded from the capital receipt;

 

(v)                note that a further report to Cabinet will be presented following the marketing exercise.

 

Reasons

To obtain a capital receipt to be used to assist the Council meet its corporate objectives. 

To comply with the Council’s Constitution and Section 123 of the Local Government Act 1972. 

 

13.

Webcasting of Council Meetings pdf icon PDF 122 KB

To consider a report by the Director of Democratic and Legal Services (reference 14/175) attached.

Note:  Contains confidential appendix containing commercial details.

Minutes:

The Cabinet considered a report by the Director of Democratic and Legal Services (Reference 14/175) which proposed the introduction of the webcasting of meetings of the Council and the Cabinet for an initial period of one year.  Members were advised that this was a welcome development which would contribute to promoting local democracy and to increasing community engagement in the democratic process, whilst providing a cost effective way for the Council to reach a large audience on key issues.  However, the current audio system in the Council Chamber was too old to be automatically integrated with the webcasting equipment; therefore Members asked the Director to investigate the procurement of a new system.

RESOLVED that the Cabinet:

(i)                 approve the introduction of  the webcasting of meetings of the Council and the Cabinet for an initial period of one year on a lease basis from Public-i Group Ltd;

 

(ii)               approve the funding of the first year costs from the year end underspend and approve the contract’s financial profile contained in the confidential appendix to this report;

 

(iii)             approve the draft webcasting protocol attached as Appendix A to the report; and

 

(iv)              give delegated authority to the Director of Democratic and Legal Services in conjunction with the Portfolio Holder for Democracy, Neighbourhoods, Stronger and Safer Communities to procure a new audio system for the Council Chamber and to explore opportunities for other organisations to webcast their meetings from the Council Chamber.

 

Reasons

To promote local democracy and increase community engagement by enabling more residents to have greater involvement in the democratic process

 

14.

Sale of Stakesby Depot and Holly Tree Court Nursery pdf icon PDF 142 KB

To consider a report by the Director of Business Support (reference 14/159) attached.

Note:  Contains confidential appendix containing commercial details.

Additional documents:

Minutes:

The Cabinet considered a report by the Director of Business Support (Reference 14/159) in respect of the sale of Stakesby Depot and Holly Tree Court Nursery.

RESOLVED that the Cabinet accept the offer from the highest bidder for both sites as outlined in the report.

 

Reasons

(i)                 To achieve a capital receipt from the sale of the sites.

(ii)               To approve the terms in respect of the disposal.

(iii)             To release the sites for housing of which 40% will be affordable.

 

15.

Exclusion of the Public

To consider the following motion:-

“that in accordance with Section 100A(4) of the Local Government Act 1972 (and subject to consideration of the public interest under Paragraph 10 of Part 2 of Schedule 12A of the Act) the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information (as defined in Part 1 of Schedule 12A of the Act), namely information;

(a) relating to any individual;

(b) which is likely to reveal the identity of an individual; and/or

(c) relating to the financial or business affairs of any particular person (including the authority holding that information)”.

Minutes:

RESOLVED that in accordance with Section 100A(4) of the Local Government Act 1972 (and subject to consideration of the public interest under Paragraph 10 of Part 2 of Schedule 12A of the Act) the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information (as defined in Part 1 of Schedule 12A of the Act), namely information;

(a) relating to any individual;

(b) which is likely to reveal the identity of an individual; and/or

(c) relating to the financial or business affairs of any particular person (including the authority holding that information).

 

16.

Compensation for the Sterilisation of Development Land at Peasholm Gap and Reinstatement Works

To consider a report by the Director of Business Support (reference 14/151) attached.

Minutes:

The Cabinet considered a report by the Director of Business Support (Reference 14/151) in respect of compensation for the sterilization of development land at Peasholm Gap and reinstatement works.

RESOLVED that the recommendations in the report be adopted, which are recorded in the Council’s Restricted Minute Book.

 

Reasons

For the reasons given in the report and recorded in the Restricted Minute Book.