Agenda and minutes

Cabinet
Tuesday, 16th September, 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 59 KB

To approve as a correct record and sign the Minutes of the meeting held on 15 July 2014 (attached).

Minutes:

RESOLVED that the minutes of the meeting held on 15 July 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 a public question had been received from Mr Tim Thorne who was present at the meeting.  The question and response is set out below.

‘In the draft statement of accounts for 2013/14, payments were made to 'Strategic Director 1' to terminate employment. Compensation of £51,558 was paid along with a payment exceeding £50,000 to the pension of that employee.  Having trawled through the minutes of various committee and council meetings, I can find no minutes that explicitly indicate elected members agreed this payment. Please can you disclose the meeting these payments were agreed at and which elected members agreed the payments?’

 

Chairman: ‘In response to your question, Mr Thorne, the senior management restructure was agreed at the Appointments Committee on 2 November 2012 and was ratified at full Council on 5 November 2012. At these same meetings it was also agreed that certain posts be made ‘redundant’ and as a consequence the post described as “Strategic Director 1” became redundant. 

 

In relation to that post, the compensation referred to of £51,588 was in fact the post holder’s redundancy payment resulting from deletion of the post and in accordance with the provisions of the Employment Rights Act 1996 and the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2006 (as amended locally). 

The £50,000 was not a payment to the post holder, but a payment made to the pension fund, often referred to as the capitalised costs, which are payable by the Council to the pension fund as a consequence of the pension being paid early and the resultant loss of pension contribution arising from the redundancy. This is now paid as a one off cost to the pension fund.

 

The costs of these payments and the savings resulting from the reduction in salary costs are all taken into account in order to properly reflect the savings achieved through the restructuring process.’

 

4.

Forward Plan pdf icon PDF 182 KB

To review the Cabinet’s Forward Plan (reference 14/304) attached.

Minutes:

RESOLVED that the Forward Plan (Reference 14/304) 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 15 July 2014.

 

6.

Provision of Tourist Information pdf icon PDF 270 KB

To consider a report by the Deputy Chief Executive (reference 14/247) attached.

Additional documents:

Minutes:

The Cabinet considered a report by the Deputy Chief Executive (Reference 14/247) which outlined detailed findings from a review of the Council’s Tourist Information Centres (TICs) together with a set of recommendations to reduce service delivery costs and subsidies and to revise radically the budget setting process for the service based on trends and actual data for the past three years.  The review was set against a backdrop of year on year budget underachievement in the TICs and the increasing use of the internet by visitors to access tourist information and make accommodation bookings.

RESOLVED that the Cabinet:

  1. Note the detailed information relating to the current financing and usage of the Council’s Tourist Information Centres (TIC’s);

 

  1. Approve that: 

 

(i)    Based on the information provided the TIC based in the Brunswick Centre be closed and:

 

a.    The Tourist Information Service to be located in the Town Hall/ Customer First, Scarborough, to provide a face-to-face enquiry service, ticket sales and some limited tourism related stock for sale; in addition a courtesy phone and a web access point to provide visitors with easy access to the Council’s Tourism Bureau and the Discover Yorkshire Coast website;

 

 

b.    Subject to approval by Network Rail, a Tourist Information Point be located at the Scarborough rail station that would provide good information detailing the Borough’s tourism offer, scheduled events and signposting about where to access further information either face-to-face, by telephone or via the Discover Yorkshire Coast website.

 

(ii)  A zero based budget setting process is undertaken for the TIC’s to establish full costs and realistic income budget targets for 2015/16.  This to be based on the actual budget performance and data for the previous three years.  The budget setting process to include a rationalisation of stock purchased and sold in Council TIC facilities and an assessment of opportunities to reduce costs.

 

  1. Consider the introduction of a standard fee to recoup the cost of credit card payments, currently borne by the Council, and the introduction of a minimum spend that can be paid for by credit card.  This will link into the overall review of credit card payments currently being undertaken by the Council

 

  1. Instruct Officers to undertake further work to identify potential options for future TIC service delivery including:

 

·         the opportunity to further exploit and promote digital service delivery channels;

·         exploring opportunities for alternative models of service delivery, including working with tourism partners such as the North York Moors National Park;

·         Identifying options for maximising the use of and benefits of Council TIC buildings by looking for co-location opportunities with other local organisations.

 

Further recommendations as a result of this work will be brought back to Cabinet as appropriate.

 

Reasons

This report details a review of the Council’s TIC service to address the current cost and sustainability issues.  It provides detail which:

 

              Highlights the trends, changing demands and expectations of visitors to the Borough and the impact this is having on the Council’s provision of face-to-face tourism services via the TIC’s

              Establishes the need  ...  view the full minutes text for item 6.

7.

Financial Monitoring Report (1st Quarter) pdf icon PDF 944 KB

To consider a report by the Director of Business Support (reference 14/292) attached.

Minutes:

The Cabinet considered a report by the Director of Business Support (Reference 14/292) in respect of the Council’s financial position as at July 2014.  Members were advised that although the Council was set to make a small surplus by the end of 2014/15, most of this could be attributed to areas that were one-off in nature, or had been previously identified as savings for 2015/16.  However, the underlying position was that there was a budgetary shortfall totalling some £500k which still needed to be resolved for 2015/16. 

RESOLVED that the Cabinet:

i)             Note the report and in particular that:

 

           Despite the setting of an extremely challenging budget and, despite lower than expected levels of income in some areas, a year end surplus will be achieved.

           The majority of income targets are being achieved but shortfalls will occur at the Open Air Theatre and the Tourist Information Sites.

           Although a current year surplus is positive news it can be attributed to areas which are one-off in nature, or areas already identified as potential savings for 2015/16. If the problem areas identified in this report are not resolved or addressed current projections show that next year’s budget will be overcommitted by £500k.

           The capital programme continues to operate within the overall parameters set in terms of contingency levels.

           A net underspend of £23k has been achieved on capital schemes completed during the monitoring period. This saving has been retained in the Capital Development Reserve.

           Budget projections for the North Yorkshire Business Rates Pool currently show that the Council will retain £1.4 million from business rates surpluses in 2014/15; however this is dependent upon the costs of appeals across pool authorities being in line with expectation. The surpluses achieved on business rates will be made available for the Council’s Investment Management Plan (IMP). 

           Current projections show that amounts available within the IMP should sufficiently cover the monies committed for the Leisure Village earlier this year.    

           All reserves are in line with their parameters and are considered adequate although there are currently no asset management costs built into the Capital Development Reserve projections.

 

ii)            Provide authority to:

 

Enter into a professional services contract with Turner & Townsend under the YORconsult Framework to undertake the role of Project Manager, Supervisor and CDM Coordinator on the swimming pool and MUGA contract for the Leisure Village Development at an estimated cost of £200k and note that this will be an abortive cost if the leisure facilities are not constructed. This amount is to be funded from the approved Leisure Village wet facilities budget and the authority to issue this project order is given to the Council’s Director of Business Support;

 

Approve that £30k of the approved Leisure Village wet facilities contingency budget be committed to provide additional capital salary budgets for the Council’s internal Projects and Legal Team and external support to progress grant funding claims on behalf of the Council and note that this will be an abortive cost  ...  view the full minutes text for item 7.

8.

Construction of New Beach Chalets pdf icon PDF 167 KB

To consider a joint report by the Chief Executive and Director of Service Delivery (reference 14/296) attached.

Minutes:

The Cabinet considered a joint report by the Chief Executive and Director of Service Delivery (Reference 14/296) which sought approval to implement a scheme to construct ten new permanent beach chalets at Whitby West Cliff.

RESOLVED that the Cabinet:

 (i)        Note the outcome of the tender process for the construction of 10 new chalets at Whitby West Cliff.

 

(ii)        Approve entering into NEC Construction Contract with Wilf Noble Construction and Plant Hire Limited for the contract sum of £93,893 for the construction of 10 new permanent beach chalets at Whitby West Cliff.

 

Reasons

To improve and increase Chalet facilities within the Borough of Scarborough.

 

9.

Adoption of Streamlined Planning Procedure for Scarborough Business Park pdf icon PDF 232 KB

To consider a report by the Chief Executive (reference 14/297) attached.

Minutes:

The Cabinet considered a report by the Chief Executive (Reference 14/297) which sought approval to investigate further the potential benefits of utilising a Local Development Order and other interventions to promote and stimulate investment in Scarborough Business Park. 

RESOLVED that the Cabinet approve the development of a scoping report to examine the potential benefits of establishing a streamlined planning procedure through a Local Development Order (LDO) at Scarborough Business Park and other interventions to promote and stimulate investment in the site.

 

Reasons

To speed up and simplify the planning process and to encourage investor and developer interest in the site.

 

10.

Annual Report 2014/15 pdf icon PDF 138 KB

To consider a report by the Director of Democratic and Legal Services (reference 14/302) attached.

Additional documents:

Minutes:

The Cabinet considered a report by the Director of Democratic and Legal Services (Reference 14/302) in respect of the Council’s Annual Report and Improvement Plan which demonstrated that the Council had made good progress in performance in a number of areas. 

RESOLVED that:

(i)         approval be given to publication of the Annual Report 2014/15

(ii)        the publication and distribution arrangements be approved.

 

Reasons

Current best practice and rules on Data Transparency require the Council to publish its performance information and to make the details available to the public and partners in as many formats as possible.

 

11.

Performance Management Framework - Quarter 1 Monitoring 2014/15 pdf icon PDF 187 KB

To consider a report by the Director of Democratic and Legal Services (reference 14/301) attached.

Additional documents:

Minutes:

The Cabinet considered a report by the Director of Democratic and Legal Services (Reference 14/301) which provided an overview of the Council’s performance for the first quarter of 2014/15 whilst highlighting two areas where performance was ‘at risk’: benefits and recycling.  In respect of the former, changes to benefits legislation and welfare reform meant that the indicators had been revised for 2014/15 it was too early to refer the matter to scrutiny.  However, the 2013/14 year end data for residual household waste per household and percentage of household waste recycled and composted were felt to be of concern.

RESOLVED that the Cabinet:

(i)         Note the results of the Performance Indicators for the quarter 1 period 2014/15

 

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

 

(iii)       Approve the recommendation to refer the performance information re waste/recycling to the Environment and Economy Scrutiny Committee to investigate areas for concern.

 

Reasons

To provide information relating to Council performance for quarter 1 2014/15, covering the period March 2014 to June 2014 inclusive.

 

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

 

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.

 

12.

Alternative Service Delivery Update

To receive a verbal report by the Director of Democratic and Legal Services.

Minutes:

RESOLVED that this item be deferred.

 

13.

Outcome of Futurist Tender Bid pdf icon PDF 206 KB

To consider a report by the Director of Business Support (reference 14/312) attached.

Additional documents:

Minutes:

The Cabinet considered a report by the Director of Business Support (Reference 14/312) which outlined the outcome of the tender process in respect of the disposal of the Lower Tier (Futurist) site and asked Members to decide whether to appoint Bidder B as the preferred bidder or not.  In presenting his report, the Director of Business Support apologised for its late publication which was as a result of the date of the meeting with the Homes and Communities Agency and discussions with the proposed preferred bidder, but he felt it was important the report had been put in the public domain.  Members were reminded that in May the Cabinet had agreed to the implementation of a two phased development approach to the (i) Lower Tier and (ii) Upper Tier site to accelerate the disposal and development of the Lower Tier site.  Of the two bidders which had submitted tenders, only Bidder B had passed the initial criteria.  However, there were a number of conditions attached to Bidder B’s submission which the Cabinet needed to consider before giving in principle support to this bid: namely the inclusion of the King Street Car Park within the Lower Tier development (originally envisaged as part of the Upper Tier site); the inclusion of a parcel of land within St Nicholas Gardens (currently outside the Town Hall and wider development site); the Council taking responsibility for the demolition of the Futurist building and slope stabilisation works; and the establishment of public access through the Upper Tier site to provide connectivity between both sites.  If Members were minded not to appoint Bidder B, then the recommended alternative included to proceed with the clearance of the Lower Tier site to make the site more marketable and attractive to other developers.  The Chairman then opened up the report for discussion.  Councillor Robinson put the following question on behalf of one of her constituents:

‘How can Scarborough Borough Council even consider a bid that demands combining the two separate sites plus buying up extra public land that is not even for sale?  Would this require yet another public consultation – an honest and open representation of the potential future of that site/ those sites?  I fear it will cost Scarborough’s taxpayers a fortune to satisfy the demands of this developer’s bid.  This truly does require more than a cursory scan by Cabinet before yet another ‘executive’ decision is made that does not need to be ratified by full Council, according to the Scarborough News today.  This is not democracy within Scarborough Borough Council and must be denied.’  In response, the Chairman corrected the misinformation in the Scarborough News: the Cabinet was being asked to decide today whether to appoint Bidder B as the preferred bidder which would entail authorising officers to undertake appropriate due diligence and discussions with Bidder B to clarify the tender documentation, and give in principle approval to the conditions stated above.  As a result of this due diligence and negotiations, more detailed reports  ...  view the full minutes text for item 13.

14.

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 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).

 

15.

Disposal of Land at Endeavour Wharf

To consider a report by the Director of Business Support (reference 14/303) attached.

Minutes:

The Cabinet considered a report by the Director of Business support (Reference 14/303) in respect of the proposed disposal of a proportion of Endeavour Wharf.  The Portfolio Holder for Harbours, Assets, Coast and Flood Protection and Chair of Whitby Harbour Board confirmed that the Board had endorsed the recommendation of the tender evaluation panel and that a public consultation event on the proposed development would take place in October.

RESOLVED that the Cabinet:

(i)    note the recommendation of Whitby Harbour Board in relation to the report concerning the Disposal Of Land At Endeavour Wharf Ref: 14/306 from its meeting of 15 September 2014.

(ii)  note the recommendation of the tender evaluation panel and approve the appointment of Dalby Offshore Services Limited (DOSS) as the preferred tenderer for the Endeavour Wharf Phase 1 lease.

 

Subject to (ii)

 

(iii) authorise officers to enter into  detailed negotiations with DOSS and undertake wider stakeholder consultation if necessary, to clarify and agree final lease terms

(iv) request officers to provide a further report to Cabinet in due course reporting on the outcome of such negotiations and consultation, including the detailed terms of any lease arrangement,  and seeking final authorisation to enter into a lease with DOSS.

 

Reasons

To facilitate development of new business activity at Whitby Port.

 

16.

Restricted Minute - 15 July 2014

Minutes:

The restricted minute of the meeting held on 15 July 2014 in respect of the disposal of Londesborough Lodge was agreed as a correct record and signed by the Chairman.