Agenda and minutes

Cabinet
Tuesday, 17th June, 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 66 KB

To approve as a correct record and sign the Minutes of the meeting held on 20 May 2014 (attached).

Minutes:

RESOLVED that the minutes of the meeting held on 20 May 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 Chairman reported that no public questions had been received.

 

4.

Forward Plan pdf icon PDF 192 KB

To review the Cabinet’s Forward Plan (reference 14/214) attached.

Minutes:

Under the Leader’s Portfolio, the Deputy Chief Executive commented that the report originally scheduled for today’s meeting on the ‘Future Council’ had been deferred to enable debate with Cabinet members and others on the significant issues it covered before formal consideration at the Cabinet’s meeting on 17 July.  The Cabinet Member for Harbours, Assets, Coast and Flood Protection also reported that the item on the Whitby Harbour Piers Coast Protection Scheme had been brought forward to today’s meeting.

RESOLVED that, subject to the above amendments, the Forward Plan (Reference 14/214) 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 20 May.

 

6.

Whitby Conservation Area Article 4(1) - Direction (Solar) and Addition of The Ropery pdf icon PDF 210 KB

To consider a report by the Director of Service Delivery (reference 14/160) attached.

Additional documents:

Minutes:

The Cabinet considered a report by the Director of Service Delivery (Reference 14/160) which sought Members’ agreement to extend the Whitby Conservation Area boundary to include the Ropery following consultation with residents and local and national organisations.  Members were advised that the Planning and Development Committee had already agreed the Article 4(I) Direction referred to in the report, and implementation would be immediate since the risks of the authority incurring a liability for compensation were minimal.

RESOLVED that:

(i) Cabinet refers to Full Council, to agree the extension of the Whitby Conservation Area boundary, to include The Ropery as shown in the map at Annex 2 to the report; and

(ii) The Whitby Conservation Area Appraisal and Management Plan and Policy RMP16A be updated, following local consultation, in line with the key characteristics of “The Ropery” as identified in the report at para 5.13.

 

Reasons

  • Consultations have also been carried out on addition of The Ropery to the Whitby Conservation Area as a distinctive sub area / identity area prominent on the Skyline. This requires referral by Cabinet to Full Council.

 

  • The Whitby Conservation Area Appraisal and Management Plan will require updating along with the existing Policy RMP 16 to cover the new Article 4 Direction should this be confirmed.

 

7.

Revision of the Complaints Policy pdf icon PDF 211 KB

To consider a report by the Deputy Chief Executive (reference 14/204) attached.

Additional documents:

Minutes:

The Cabinet considered a report by the Deputy Chief Executive (Reference 14/204) which proposed revisions to the Council’s Complaints Policy based on guidance by the Local Government Ombudsman and in light of changes in the Council organisation, developments in ICT and changing customer expectations.  Key aspects of the proposals were to streamline the procedure and feedback process, automating where possible; encourage online submission by customers, giving them the ability to track progress; and revise timescales to more realistic levels given Council resources.

RESOLVED that the Cabinet recommend the proposed revisions to the Council’s Complaints Policy as attached at Appendix A of the report, to the Council for approval.

 

Reasons

The proposed changes will enable the Council to: -

·                    Provide a more efficient and streamlined complaints process; 

·                    Encourage a greater take-up of on-line access to services;

·                    Better meet customer expectations and targets by giving customers what they want, but not removing the more traditional ways of contact, and thus not disadvantaging anyone. 

 

8.

Local Government Pension Scheme Employer Discretion Policy pdf icon PDF 381 KB

To consider a report by the Director of Democratic and Legal Services (reference 14/191) attached.

Minutes:

The Cabinet considered a report by the Director of Democratic and Legal Services (Reference 14/191) which sought approval of the revised Local Government Pension Scheme (LGPS) Employer Discretion Policy and Retirement Policy and Procedure.  Members were advised that following a fundamental review of public sector pension provision, a revised LGPS came into effect from 1 April 2014 which introduced a raft of changes including increased employer contributions for many staff and the move from a final salary scheme to a career average scheme.  In a very small number of areas the Council had some discretion about the operation of the scheme, as set out in the Council LGPS Discretions Policy originally approved in 2010.  This policy now required amendment in accordance with the revised scheme.  The proposed discretions outlined in the report followed the same principles of the previous policy, aiming to minimise the cost to the Council where possible.

RESOLVED that the Cabinet:

(i)           Recommend that Full Council approve of the revised Local Government Pension Scheme Employer Discretion Policy and Retirement Policy and Procedure as attached at Appendix C and the implementation to be retrospectively applied with effect from 1 April 2014.

 

(ii)         Approve that a budget of £35k be established to fund the compulsory annual employer pension contributions payable on overtime and bonus payments, which are classified as pensionable pay under the revised scheme; to be funded from contingency sums sets aside in the 2014/15 base budget.

 

(iii)       Note that, under the revised terms of the Local Government Pension Scheme the Council will be liable to pay compulsory additional costs in respect of the introduction of assumed pensionable pay and ‘buy back’ contributions. Due to the uncertainty surrounding the nature and likelihood of these payments it is not possible to quantify the financial impact of these changes at this stage. Any costs arising from these changes will be funded from the relevant service budgets as and when they arise.

 

Reasons

To invite Members to consider changes to the Council’s Employers Discretion Policy following the implementation of the LGPS 2014 and to seek approval for these changes to be implemented. 

 

9.

Amendments to the Council's Constitution pdf icon PDF 108 KB

To consider a report by the Director of Democratic and Legal Services (reference 14/220) attached.

Additional documents:

Minutes:

The Cabinet considered a report by the Director of Democratic and Legal Services (Reference 14/220) which recommended changes to the Council’s Constitution to reflect a new process for providing confidential reports to Members.  The new process ensured that increased access was given to councillors to allow then to carry out their duties as representatives of the community whilst simultaneously protecting the confidential and/or exempt information and providing a means of accountability through an auditable trail of disclosure.

RESOLVED that the Cabinet recommend to the Council that the Constitution of the Council be amended as set out in Appendix B to the report to provide Members with additional rights to access confidential and exempt information.

 

Reasons

To ensure that members are provided with sufficient information to adequately carry out their roles as representatives of their local communities whilst retaining safeguards to protect confidential and exempt information.

 

10.

Future Council

To consider a report by the Deputy Chief Executive (reference 14/211) to follow.

Minutes:

This item was deferred (see Minute 4 above).

 

11.

Disposal of Land at Endeavour Wharf, Whitby pdf icon PDF 147 KB

To consider a report by the Director Business Support (reference 14/219) attached.

Additional documents:

Minutes:

The Cabinet considered a report by the Director of Business Support (Reference 14/219) which sought Members’ approval of the recommendation of Whitby Harbour Board (at its meeting on 16 June) to agree to the implementation of a phased development approach of Endeavour Wharf (Option A).  Members were advised that following a number of approaches by the offshore wind industry in recent months it was now considered necessary to offer part of the Port of Whitby (a parcel of land on Endeavour Wharf) to the open market in order to attract formal proposals for investment and/or new business activity within the port.  Members welcomed this exciting development opportunity and acknowledged the efforts of both Members and officers in reaching this stage.  The Chairman of Whitby Harbour Board and Cabinet Member, Councillor Cockerill also reported that the Board had nominated Mr Paul Barker (with Mr David Wall as substitute) to serve on the Evaluation Panel to consider any bids which were received.  The Cabinet then considered its nominations to the Panel in addition to Councillor Cockerill, the Cabinet Member for Strategic Planning and Regeneration, Councillor Bastiman, and the Director of Business Support, Mr Edwards.  The Cabinet Member for Tourism and Culture, Councillor Chance proposed Councillor Kenyon-Miller given she was a local Whitby councillor.  The Cabinet Member for Strategic Planning and Regeneration, Councillor Bastiman proposed Councillor Chatt instead (with Councillor Donohue-Moncrieff and Councillor Marsden as substitutes).  It was noted that local ward councillors would be kept informed of proposals as they came forward.

RESOLVED that the Cabinet agree to the implementation of a phased development approach of Endeavour Wharf (Option A):

(i)                 support in principle the disposal strategy for the Endeavour Wharf Phase One;

 

(ii)               support in principle a leasehold disposal of the Endeavour Wharf Phase One;

 

(iii)             approve the following membership of the Evaluation Panel for the assessment of proposals as outlined within the disposal strategy:

Councillor Cockerill

Councillor Chatt (substitutes: Councillors Donohue-Moncrieff and Marsden)

Councillor Derek Bastiman

Mr Paul Barker (substitute: Mr David Wall)

Mr Nick Edwards

 

(iv)              note the outcome of the evaluation process will be reported back to the Whitby Harbour Board for information and to the Council’s Cabinet and or Council for approval.

 

(v)                note that potential risk for financial loss from loss of car parking income over additional Harbour dues and rents. Further details will be reported following the evaluation of bids by the evaluation panel.

 

Reasons

  • To facilitate permitted development on Endeavour Wharf,
  • To accelerate development of Phase One,
  • To agree the strategy for disposal of the Endeavour Wharf Phase One, and
  • To be aware of the potential financial consequences.

 

12.

Final Draft of Visitor Economy Strategy and 3 Year Action Plan pdf icon PDF 147 KB

To consider a report by the Director of Service Delivery (reference 14/203) attached.

Additional documents:

Minutes:

The Cabinet considered a report by the Director of Service Delivery (Reference 14/2013) which sought approval of the final draft of the Visitor Economy Strategy 2014-2024 and three year action plan.  Members were informed that the earlier draft which had been considered by the Cabinet in February had gone out to public consultation and had attracted much support (including from Visit England) as well as suggestions for further improvement; for example, under actions, where additional actions were proposed around improving transport and connectivity.  The action plan would be monitored and evaluated by members and stakeholders on a regular basis.

RESOLVED that the Cabinet approve the final draft Visitor Economy Strategy for 2014-2024 and associated three year action plan.

 

Reasons

The current Tourism Strategy is in its final year.  The new Visitor Economy Strategy will replace this and focus on the wider aspects of growing the visitor economy.  The three year action plan sets out the activity to be undertaken over the next three years to support achieving the strategy priorities and objectives.

 

13.

Whitby Harbour Piers Coast Protection Scheme Phase 1 pdf icon PDF 233 KB

To consider a report by the Chief Executive (reference 14/156) attached.

Minutes:

The Cabinet considered a report by the Chief Executive (Reference 14/156) which sought approval of acceptance of £4.812 Coast and Flood Protection Grant in Aid from the Environment Agency as contribution towards the £8.522 Whitby Harbour Piers Coast Protection Scheme Phase 1.  Members were informed of the £3.71m estimated shortfall for the project (and the similar circumstances to the Scarborough Spa coastal defence and cliff stabilisation scheme as previously reported to the Cabinet).  In reply to a written question from Councillor Plant, Councillor Cockerill advised that the procurement of a specialist consultant as recommended in the report would enable the Council to obtain a firmer idea of the shortfall for the project, whilst he and officers would continue to meet with the Environment Agency, the County Council and other interested parties to discuss how to address the funding gap and bring the project to a successful conclusion.  He also mentioned that bids for EU funding were being prepared for submission later in the year when the funding criteria altered, and that concerns around changes to the Environment Agency’s funding policy were raised at the Annual General Meeting of the Local Government Association Special Interest Group for Coast Issues which he had attended the previous week.

RESOLVED that the Cabinet:

(i)                 Approve the acceptance of £4.812m Coast and Flood Protection Grant in Aid from the Environment Agency as a contribution towards the £8.522 Whitby Harbour Piers Coast Protection Scheme Phase 1. Cabinet should note that the scheme will only progress to full delivery if contributions of £3,710m from third parties are identified;

 

(ii)               Authorise officers to procure a specialist consultant to undertake the project management, procurement, supervision and CDM coordinator role and provide authority to enter into a phased contract with the consultant offering the most economically advantageous tender following a competitive tender exercise via the YORconsult Framework;

 

(iii)             Note that the financial commitment for the above recommendation is a maximum of £295,000 which is all grant aided.

 

(iv)              Authorise officers to procure tenders from suitably experienced contractors to construct the project following either the restricted procedure under EU procurement rules or a call-off from a suitably compliant framework.

 

(v)                Instruct officers to report the outcome of the tendering exercise back to Cabinet for approval and a further decision on funding and progression to the construction phase of the project.

 

Reasons

To manage the risks to people and the developed, natural and historic environments from sea flooding, coastal erosion and coastal instability over the next 100 years.

 

In order to identify the programme of necessary works for essential upgrading of Whitby Harbour Piers.

 

To comply with Defra’s and the Environment Agencies best practice on coastal management, including taking into account contemporary guidance, studies and monitoring data

 

14.

Shared Services Opportunities pdf icon PDF 173 KB

To consider a report by the Deputy Chief Executive (reference 14/217) attached.

Minutes:

The Cabinet considered a report by the Deputy Chief Executive (Reference 14/217) in respect of opportunities to share services with East Riding of Yorkshire Council (ERYC).  Members were reminded of the continuing fiscal challenges facing the Council – even on a standstill basis more than £7million in savings were required over the next four years to maintain a balanced budget – and of the ongoing need to look at partnership working, shared services and new innovative models for service delivery that would give the potential to continue to deliver high quality services while reducing the costs for service delivery.  It was in this context that the Council had been engaged in discussions with another high performing and innovative authority (ERYC) with a view to identifying and pursuing opportunities to share services and achieve mutual cost benefits.  The business case for HR/Payroll was evidenced in the private and confidential appendix and, subject to Members’ approval, the implementation plan was focused on a go live date of April 2015.  With the Benefits processing and call centre service there was more due diligence work to be undertaken to establish if there was a business case for sharing these services.

RESOLVED that the Cabinet:

1.         Give approval for officers to pursue shared service arrangements with East Riding of Yorkshire Council (ERYC), including:-

 

(i)         Moving forward with arrangements for sharing payroll, HR and training services with ERYC by developing an implementation plan and timeline for implementation, with a target for go live at April 2015;

 

(ii)        Carrying out detailed due diligence with regard to developing a shared benefits service with a view to bringing a further report to Cabinet for final approval on October; and

 

(iii)       Considering any other service options that may be developed and progressing these to a conclusion which will be presented to Cabinet at a future date for final approval.

 

2.         Progress other shared service opportunities where this may be beneficial for the Council, developing and presenting them to Cabinet for final approval.

 

Reasons

The Council continues to face challenging budget savings targets.  Sharing services with other public sector organisations can provide the opportunity to deliver efficiency savings through economies of scale and sharing systems and systems support costs.  Senior representatives from the Council and East Riding of Yorkshire Council (ERYC) have been in discussion about the potential to share services and achieve mutual cost benefits.  This report seeks approval for the Council to move this work forward and to develop shared service delivery options with East Riding of Yorkshire Council (ERYC) where there are evidenced savings and cost benefits to be delivered.

 

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.

Disposal of Former Council Offices, Skinner Street, Whitby

To consider a report by the Director of Business Support (reference 14/213) attached.

Minutes:

The Cabinet considered a report by the Director of Business Support (Reference 14/213) in respect of the disposal of the former Council offices in Skinner Street, Whitby.

RESOLVED that the Cabinet approve the freehold sale of No. 10 Skinner Street, Whitby.

 

Reasons

To obtain a capital receipt to assist the Council in meeting its corporate objectives and to remove the Council’s repairing liability on the subject property.