Agenda, decisions and minutes

Cabinet
Tuesday, 18th November, 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:

Councillor Donohue-Moncrieff declared a personal and prejudicial interest in agenda item 14, Disposal of Land at Harvest Way, Eastfield, since she was on the Board of Yorkshire Coast Homes which had placed a bid in respect of the land referred to.

 

Councillor Fox declared a personal and prejudicial interest in agenda item 14, Disposal of Land at Harvest Way, Eastfield, since his wife was the Chair of the Board of Yorkshire Coast Homes which had placed a bid in respect of the land referred to.

 

2.

Minutes pdf icon PDF 58 KB

To approve as a correct record and sign the Minutes of the meeting held on 21 October 2014 (attached).

Minutes:

RESOLVED that the minutes of the meeting held on 21 October 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 167 KB

To review the Cabinet’s Forward Plan (reference 14/379) attached.

Minutes:

The Cabinet Member for Finance, Procurement and Legal advised of a change to item 4 Draft Budget, which should have been 16 December 2014 rather than 20 January 2015 for the key decision date.

RESOLVED that, subject to the above amendment, the Forward Plan (Reference 14/379) 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 21 October 2014.

 

6.

To Approve the Council's Draft Street Collections Policy pdf icon PDF 151 KB

To consider a report by the Director of Service Delivery (reference 14/334) attached.

Additional documents:

Minutes:

The Cabinet considered a report by the Director of Service Delivery (Reference 14/334) which presented the results of the consultation process undertaken regarding the Council’s draft Street Collections Policy.  The new Policy would be of greater benefit to charitable organisations, local good causes, collectors and the public.  Members were further advised that a few small changes had been made and included at Appendix B and that the new policy would be of particular benefit to organisations such as the RNLI who may require an additional collection during the busy RNLI weekend. 

RESOLVED that the Cabinet:

(i)         Note the overall consultation results of the Council’s draft Street Collections Policy (set out in Appendix A);

(ii)        Accept the consultation comments and minor amendments made to the draft Policy (Appendix B)

(iii)       Note the amended draft Street Collections Policy (Appendix C); and

(iv)       Recommend approval of the Policy by Council for adoption and immediate implementation.

 

Reasons

To enable the adoption of a clear and transparent policy in respect of the Council’s approach to this licensing function which would be of benefit to charitable organisations, local good causes, collectors and the public as well as ensuring consistency by Officers.

 

7.

Financial Monitoring to September 2014 (2nd Quarter) pdf icon PDF 849 KB

To consider a report by the Director of Business Support (reference 14/354) attached.

Minutes:

The Cabinet considered a report by the Director of Business Support (Reference 14/354) which advised Members of the current and extremely challenging financial climate facing the Council.   The report set out the position for the forthcoming financial year and Section 3 of the report highlighted financial performance for the Revenue Budget and a summary for each Directorate was included within Appendix 1.  Members raised concerns regarding the impact of the recent pay award settlement and were advised that this had been considered in line with the budget estimates for this year with only a slight impact on next year.  A query regarding rate charges for public conveniences was raised and information would be provided by the Director of Business Support as soon as details were available.

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.  Problem areas have been identified within this monitoring report are being addressed through the 2015/16 budget proposals where appropriate.

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

           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. Any surpluses achieved on business rates will be made available for the Council’s Investment Management Plan (IMP). 

           The North Yorkshire Business Rates pooling arrangement (between the Council, North Yorkshire County Council, Ryedale, Craven, Hambleton and Richmondshire District Councils) will remain in place in 2015/16 after all authorities agreed for its continuation.

           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 utilise a proposition of the anticipated year end underspend to fund the following projects, with immediate effect, with costs being funded from the General Fund Balance in the unlikely situation that the year-end underspend is not sufficient to cover the costs:

a.         Resurfacing works at West Cliff Car Park, Whitby: £50,000

b.         CCTV cameras at the Clock Café/Kiddies Corner: £11,000

 

Reasons

To provide information relating to the Council’s financial performance for the 2014/15 year.

 

8.

Draft Environmental Sustainability Strategy and Policy pdf icon PDF 138 KB

To consider a report by the Director of Democratic and Legal Services (reference 14/374) attached.

Additional documents:

Minutes:

The Cabinet considered a report by the Director of Democratic and Legal Services (14/374) which provided an update on the work of the Sustainability Working Group (SWG) and the progress made to date on the Council’s approach towards environmental sustainability.  Councillor Chatt pointed out the exceptional work of  the Corporate Performance Officer, Sonya  Daines and the Working Group who had been able to identify huge savings in electricity, making a real difference to the lives of many members of the community.  Work was continuing and further progress was being made for the benefit of the local community.

RESOLVED that the Cabinet approve the draft Environmental Sustainability Strategy and Policy for consultation.

 

Reasons

The Environmental Sustainability Strategy and its delivery plan sets out how, through a series of actions, the Council’s approach to environmental sustainability will be delivered.

 

9.

Choices4Energy - Joint Working Arrangements pdf icon PDF 149 KB

To consider a report by the Director of Democratic and Legal Services (reference 14/382) attached.

Minutes:

The Cabinet considered a report by the Director of Democratic and Legal Services (Reference 14/382) which provided an update of the Choices4Energy service since its inception in May 2013.  The service was currently funded through one-off funding within the Council’s budget setting process with a range of services provided on energy saving advice.    Councillor Chatt commented that this Council was the only one in the country to operate this service and the Energy Advisor was very well received by residents for the free, independent advice she offered.  The shop was open at regular times and the officer also went out into the community, making visits to outlying areas including Whitby.  Services were therefore not dependent upon access by IT and Members were advised that the partnership arrangement with Ryedale District Council was working very well and would be monitored on a regular basis.

RESOLVED that:

(i)         approval be granted for entry into a partnership working arrangement with Ryedale DC to operate oil buying co-operatives and undertake a collective energy switching scheme; and

(ii)        it be noted that the continuation of the partnership arrangements after 2015 were dependent upon approval of funding for the Choices4Energy service in 2015/16.

 

Reasons

To gain approval for the partnership working arrangement with Ryedale District Council, to provide oil buying co-operatives and a collective switching scheme across the two authorities’ areas.

 

10.

Filey and Cayton Bay Coastal Strategy pdf icon PDF 181 KB

To consider a report by the Chief Executive (reference 14/366) attached.

Minutes:

The Cabinet considered a report by the Chief Executive (Reference 14/366) which sought approval to produce an up to date coastal strategy for Filey and Cayton Bay.  The Strategy would update and review the findings of the existing 2002 Cayton and Filey coastal strategies and take account of new data and new guidance required by the Environment Agency and Natural England. 

RESOLVED that the Cabinet:

(i)        Accept 100% FCDGiA (Flood and Coastal Defence grant in aid) funding from the Environment Agency to undertake a review of the Filey and Cayton Bay Coastal Strategies with a total amount of grant aid awarded to the Council of £400 000; and;

(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 strategy and project appraisals (PAR) as necessary.

 

Reasons

To produce an up to date coastal strategy for Filey and Cayton Bay to allow management of coastal risk effectively and to produce if necessary Project Appraisal Reports (PRAs) to enable the Council to seek further grant aid funding to undertake capital improvement schemes to the sea defence assets in Filey and Cayton Bay.

 

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

 

11.

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).

 

12.

Disposal of Grass Verge at Newby Farm Road, Scalby, Scarborough

To consider a report by the Director of Business Support (reference 14/325) attached.

Minutes:

The Cabinet considered a report by the Director of Business Support (Reference 14/325) which proposed the disposal and further development of the land at Newby Farm Road (identified in Appendix 1 to the report). 

RESOLVED that Cabinet:

(i)         Note the objections received by the Council in relation to the sale of the public open space;

(ii)        Agree to the purchaser of the land being treated as a special purchaser;

(iii)       Approve, subject to planning permission, the disposal of approximately 1103 square metres (0.272 acres) of verge land/public open space at Newby Farm Road as shown coloured blue on the plan (Appendix 1); and

(iv)       Delegate final approval of the sale price to the Director of Business Support, in consultation with the Portfolio Holder for Harbours, Assets, Coast and Flood Protection.

 

Reasons

To achieve a capital receipt for the sale of the site.

To approve the terms in respect of the proposal.

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

 

13.

Disposal of Weydale Farm Cottages, Seamer Moor Lane, Scarborough

To consider a report by the Director of Business Support (reference 14/376) attached.

Minutes:

The Cabinet considered a report by the Director of Business Support (Reference 14/376) in respect of Weydale Farm Cottages, Seamer Moor Lane, Scarborough.  Details of the Council’s current position regarding maintenance costs and proposals to sell the freehold to the properties were outlined in the report. 

RESOLVED that Cabinet:

(i)         Approve the tenant as a special purchaser;

(ii)        Approve the freehold disposal of Weydale Farm Cottages and gardens (delineated red and yellow on Appendix 1) to the Tenant as outline in the report

 

Reasons

To obtain a capital receipt to assist the Council in meeting its corporate objectives.

To reduce the Council’s maintenance liability.

 

14.

Disposal of Land at Harvest Way, Eastfield

To consider a report by the Director of Business Support (reference 14/383) attached.

Minutes:

The Cabinet considered a report (Reference 14/383) in respect of the sale of land at Harvest Way, Eastfield.  In response to concerns raised by Members, the Director of Business Support gave his assurance that affordable housing would be included in the scheme, although a ward councillor wished to see smaller units provided because of residents having to downsize as a consequence of welfare reform.

RESOLVED that approval be given to the freehold disposal of half an acre of land on Harvest Way as identified edged in red on the plan attached to the report (Appendix 1) to Bidder 1.

 

Reasons

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

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

 

(In accordance with their declarations under Minute 1, Councillors Donohue-Moncrieff and Fox both left the meeting during the debate and determination of the above item.)

 

15.

Eskside Wharf

To consider a report by the Director of Democratic and Legal Services (reference 14/393) attached.

Additional documents:

Decision:

 

CABINET URGENT DECISION

TUESDAY 18 NOVEMBER 2014

 

REPORT OF THE DIRECTOR OF DEMOCRATIC AND LEGAL SERVICES – 14/393 – ESKSIDE WHARF

 

DECISION

 

RESOLVED that the recommendations in the report be approved (such recommendations are recorded in the Council’s Restricted Minute Book).

 

REASONS FOR DECISION

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

 

SPECIAL URGENCY

In accordance with paragraph  4 of the Budget and Policy Framework Procedure Rules, and paragraph 16 of the Rules of Procedure – Access to Information Rules, it has been agreed by the Chair of the Environment and Economy Scrutiny Committee that this decision is an urgent decision, and that any delay in implementation would seriously prejudice the interests of the Council or the public. In addition, the call-in procedure set out at Part 6 Paragraph 10 of the Council’s Constitution (Additional Overview and Scrutiny Committee Procedure Rules) does not apply.

 

ANY RELEVANT INTERESTS DECLARED BY CABINET MEMBERS AND ANY DISPENSATION GRANTED

None

 

DATE OF DECISION

Tuesday 18 November 2014

 

AGREEMENT OF THE CHAIR OF THE ENVIRONMENT AND ECONOMY SCRUTINY COMMITTEE

Monday 17 November 2014

 

IMPLEMENTATION DATE

Tuesday 18 November 2014

 

Signed

Fox sig

Signed

 

GASIGN

Councillor Tom Fox

Leader of the Council

Councillor Godfrey Allanson

Chair of the Environment and Economy Scrutiny Committee

Date of signature

Tuesday 18 November 2014

Date of signature

Monday 17 November 2014

 

 

Minutes:

The Cabinet considered a joint report by the Director of Business Support and the Director of Democratic and Legal Services (Reference 14/393) in respect of Eskside Wharf, Whitby.

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

 

Reasons

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