Agenda and minutes

Cabinet
Tuesday, 17th February, 2015 10.00 am

Venue: Town Hall, Scarborough

Items
No. Item

Before commencing the main business of the meeting, the Chairman advised that agenda item 12, Coast Protection Works – Procurement of Contractor would be considered in public session.

 

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 Bastiman declared a personal and prejudicial interest in agenda item 11, Free Summer Entertainment at Scarborough Open Air Theatre and North Bay Piazza, since Tony Peers was a close acquaintance.

 

The Chairman, Councillor Fox declared a personal and prejudicial interest in agenda item 11, Free Summer Entertainment at Scarborough Open Air Theatre and North Bay Piazza, since Tony Peers was a close acquaintance.

 

2.

Minutes pdf icon PDF 53 KB

To approve as a correct record and sign the Minutes of the meeting held on 20 January 2015 (attached).

Minutes:

RESOLVED that the minutes of the meeting held on 20 January 2015 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 a public question had been received by Mr Adrian Perry of Scarborough Civic Society.  The question and response are set out below:

Mr Perry: ‘Scarborough & District Civic Society wrote to the Chief Executive about cinema provision in Scarborough (letter and reply attached).

A proposal to build a multiplex cinema (including replacement car park) at North Street received planning permission in 2008.

Inexplicably, the Council after a lengthy delay stated that it was not prepared market

the car park site and has adhered to this stance since.

We asked the Central Urban Area Committee held on 29 of January to consider this matter after circulating our letter to the Chief Executive and they resolved the following:

Members felt that a multiplex cinema would add much need (sic) variety and vitality to the night time economy.

Members also felt that a debate by Cabinet or full Council on this issue was needed, particularly in relation to the principles underlying the proposal to site a multiplex cinema in the North Bay area, contrary to its own Decision Notice and the wider implications on the night time economy.

This was proposed and seconded and on being put to the vote was carried.

Will Cabinet accept the Central Urban Area Committee’s request that this matter is debated at the next full Council meeting?’

 

Councillor Fox:  ‘Cabinet, on the 11 February 2014, decided to defer the decision to proceed with the sale of North Street Car Park until the outcome of the procurement exercise with potential developers for the Town Hall and wider site is known, allowing a more holistic approach to the reshaping of the town centre.  Cabinet Members are also aware of Benchmark’s desire to include a multiscreen cinema complex within the Sands development. 

To date the Council has not expressed any support either for or against this proposal.  I note the resolution of the Central Urban Committee. I support the need to bring the decision on the location of a multiscreen cinema to a conclusion. The Chief Executive is already in the process of arranging meetings with the interested developers and thereafter will bring a report into Cabinet for a decision.’

 

4.

Forward Plan pdf icon PDF 158 KB

To review the Cabinet’s Forward Plan (reference 15/61) attached.

Minutes:

RESOLVED that the Forward Plan (Reference 15/61) 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 January 2015.

 

6.

Draft Financial and Property Asset Management Strategy 2015/16 pdf icon PDF 219 KB

To consider a report by the Director of Business Support (reference 15/53) attached.

Additional documents:

Minutes:

The Cabinet considered a report by the Director of Business Support (Reference 15/53) in respect of the draft Financial and Property Asset Management Strategy 2015/16 which in its final form would be considered by full Council on 27 February.  Members were given an overview of the different elements of strategy, noting the growing integration of the revenue budget, capital budget, and Property Asset Management Strategy enabling the authority to plan its finances in pursuit of its corporate objectives, and the fundamental importance of the Investment Management Plan.  In response to Members’ concerns that no funding had been identified for the Create Arts Development Agency in 2015/16 to make up for its loss of core funding from Arts Council England, the Director of Business Support reported that officers had been in discussions with Create about their future.  As a consequence, Create had reviewed their position and concluded that a one off payment of £36k in 205/16 would provide the necessary resource to ensure Create was sustained during 2015/16 and Coastival 2016 could be delivered.  Create was actively seeking alternative sources of funding and working with other local arts organisations to examine ways of working in partnership to meet the future challenges around sustainability facing all arts organisations.  Following negotiations with Scarborough Museums Trust, the Council had secured a rebate for 2014/15 which it was proposed to use to fund Create for 2015/16.  Members welcomed this proposal and that Coastival would continue to be delivered in 2016.

RESOLVED that the Cabinet note:

(i)         and endorse the Financial and Property Asset Management Strategy, which includes the budget proposals for 2015/16 with the addition of the proposal to award a one-off payment of £36k to Create in 2015/16 to ensure Create is sustained during 2015/16 and Coastival 2016 can be delivered, in advance of it being presented to Full Council for approval on 27 February

(ii)        the feedback from the budget consultation.

(iii)       that the Capital Development Reserve shows an overcommitted balance of £624k over the ten-year period which must be addressed, and the Council’s available capital resources are insufficient in the short to medium term. The first call on any future capital receipts will be to address the following essential and aspirational capital schemes:-

 

o          Eskside Wharf infrastructure works

o          Futurist Redevelopment

o          Scarborough Spa asset management works

o          Town Hall Civic asset management works

 

(iv)       that all other reserve balances are within the optimum range.

 

(v)        that current projections estimate that the Council will be required to make further savings of approximately £2.4 million to balance the 2016/17 budget. An interim budget report for 2016/17 setting out the approach for identifying these savings will be presented to Members in Summer 2015.

 

(vi)       That the Treasury Management Strategy raises the maximum investment limit that can be made with institutions from £5m to £7m.

 

That the Cabinet recommend to the Council:

 

(vii)      that the Financial Strategy be approved, specifically:

(viii)     the Revenue Budget for 2015/16 with the addition of the proposal  ...  view the full minutes text for item 6.

7.

Tackling the Digital Divide - A Plan for Promoting Digital Inclusion in Scarborough Borough 2015-17 pdf icon PDF 126 KB

To consider a report by the Deputy Chief Executive (reference 15/56) attached.

Additional documents:

Minutes:

The Cabinet considered a report by the Deputy Chief Executive (Reference 15/56) which presented a plan for promoting digital inclusion in the Borough based on an integrated partnership approach to providing more access to public services online and to assisting those who were vulnerable to digital exclusion.

RESOLVED that the Council be recommended to adopt the “Tackling the Digital Divide” Plan as part of the Council’s Policy Framework and to support delivery of the action plan.

 

Reasons

·         To reduce the numbers of people in the Borough who are not able to use the internet to access services and other social and economic benefits.

·         To encourage people who are digitally capable to access Council and other public sector services online, wherever possible.

 

8.

Financial Monitoring to December 2014 (3rd Quarter) pdf icon PDF 850 KB

To consider a report by the Director of Business Support (reference 15/46) attached.

Minutes:

The Cabinet considered a report by the Director of Business Support (Reference 15/46) in respect of the Council’s financial performance as at the end of the third quarter (December 2014).  By way of a supplement to the report, the Cabinet Member for Harbours, Assets, Coast and Flood Protection advised that the Marine Management Organisation had confirmed 50% match funding of £192.5k in order to carry out essential repairs to the Fish Quay, Whitby.  Equivalent Council funding of £192.5k had previously been allocated from existing budgets and therefore required no additional draw from Council resources.

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.  The majority of problem areas that have been identified within this monitoring report are being addressed through the 2015/16 budget proposals.

·         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 Capital Development Reserve is overcommitted over the ten year period however this is expected to be addressed in the short term through slippage in capital expenditure.  The target is to address this shortfall over the short to medium term.  All other reserves are in line with their parameters and are considered adequate.

 

ii)         Accept the following grants:

 

·         £9k from Cabinet Office in relation to the recent changes to the electoral registration process

·         £192.5k from the Marine Management Organisation as match funding to carry out essential repairs to the Fish Quay, Whitby

 

iii)       To approve that £307k of Section 106 monies be committed to the Eastside Green Spaces scheme.

 

iv)       Note that a proportion of the anticipated year end underspend is committed to fund the following projects noting that the costs will be funded from the General Fund Balance in the unlikely situation that the year end underspend is not sufficient to cover the costs:

 

·           Tour De Yorkshire Cycle Race - £135k

·           Armed Forces Day 2015 - £10k

 

v)         To transfer one-off DCLG funding of £93k to the Investment Management Plan (MP) and approve that any additional year end surplus be earmarked for the Council’s IMP which, as outlined within the Council’s 2015 Financial Strategy (also on this agenda 15/53), has insufficient resources to deliver the essential and aspirational schemes included in the  ...  view the full minutes text for item 8.

9.

Framework Contract for the Supply of Electricity and Gas Utilities pdf icon PDF 154 KB

To consider a joint report by the Director of Democratic and Legal Services and Director of Business Support (reference 15/59) attached.

Minutes:

The Cabinet considered a joint report by the Director of Democratic and Legal Services and Director of Business Support (Reference 15/59) in respect of a new framework contract for the supply of electricity and gas utilities which would deliver value for money and make use of green energy.  Because of the her concerns around onshore wind energy production, Councillor Donohue-Moncrieff could not support the proposals; however other Cabinet Members spoke in favour, emphasising the importance of the renewable energies sector as a whole, including offshore wind.

RESOLVED that the Cabinet:

(i)            enter into an Energy Procurement Service Agreement with ESPO (Eastern Shires Purchasing Organisation) to access their Framework Contracts to procure the Council’s Electricity supply from 1 April 2015 and 1 April 2016 for Gas.

 

(ii)          delegate authority to  the Director of Democratic & Legal Services, following consultation with the Portfolio Holder for Finance, Procurement and Legal, to enter the Council into contract with the Framework Electricity supplier for the provision of the Council’s electricity supply effective from 1 April 2015.

 

(iii)         delegate authority to the Director of Democratic & Legal Services to enter the Council into contract with the Framework Gas supplier for the provision of the Council’s gas supply effective from 1 April 2016.

 

(iv)         note the intention to purchase Green energy as part of this initial electricity contract. 

 

Reasons

To enable the Council to legally access the ESPO Energy Framework.  The Framework is fully OJEU compliant and over 90% of Local Authorities are now procured through a flexible Energy Framework of this kind. 

 

Prices within the energy arena are valid for a maximum of 48 hours for Electricity and on the day for Gas.  By obtaining delegated authority prices can be monitored and secured at the most beneficial point for the Council without the risk of delay.

 

The use of ‘Green’ energy will meet local, national and international requirement with regards to climate change strategies and reducing the carbon emissions in line with the Council’s Corporate Plan.

 

10.

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).

 

11.

Free Summer Entertainment at Scarborough Open Air Theatre and North Bay Piazza

To consider a joint report by the Chief Executive and Director of Service Delivery (reference 15/58) attached.

Minutes:

The Cabinet considered a joint report by the Chief Executive and Director of Service Delivery (Reference 15/57) in respect of free summer entertainment at Scarborough Open Air Theatre and North Bay Piazza.  Members supported the recommendations provided the entertainment offer was subject to careful management and ongoing review.

RESOLVED that the Cabinet approve:

i)     the appointment of Tony Peers Productions and Megaslam Wrestling to provide free entertainment at the Open Air Theatre for the next three summer seasons; and

ii)      the appointment of Tony Peers Productions to provide free entertainment at the North Bay Piazza for the 2015 summer season with a view to extending to 2016 and 2017 should resources allow

 

Reasons

To seek an exemption from tendering for the provision of free entertainment at Scarborough Open Air Theatre and the North Bay Piazza for the next three summer seasons.

 

(In accordance with their declarations under Minute 1, Councillors Fox and Bastiman both left the meeting during the debate and determination of the above item.  Councillor Marsden took the chair during Councillor Fox’s absence)

 

12.

Coast Protection Works - Procurement of Contractor pdf icon PDF 188 KB

To consider a joint report by the Chief Executive (reference 15/65) attached.

Minutes:

As noted above, this item was considered in public session prior to agenda item 10.

 

The Cabinet considered a report by the Chief Executive (Reference 15/65) which sought Members’ views on the selection of a framework contractor for the refurbishment of Whitby Piers.  Two options were proposed: issue a project request to appoint Balfour Beatty Construction from the Scape Civil Engineering and Infrastructure Framework to undertake feasibility work at nil cost, and subject to satisfactory completion, to engage BBC to undertake pre-construction services within the £295k approved grant aided budget; or request that officers tender the works in accordance with EU procurement rules.  Despite the fact that the Scape Framework complied with OJEU and Public Contract Regulation requirements, and that BBC was a well-established firm and renowned in the field, Members were concerned that there was only one firm in the Framework and that it was too risky solely to rely on one company.  They felt that the added delay of three months was worth it to ensure clarity and integrity through a competitive tender process. 

RESOLVED that the Cabinet not adopt the recommendation to utilise the Scape Framework, and request that Officers tender the works in accordance with EU procurement rules.

 

Reasons

·         Too much risk involved in relying on a single contractor

·         Prefer the clarity and integrity of a competitive tender process in accordance with EU procurement rules

 

13.

Eskside Wharf Update

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

Minutes:

The Cabinet considered a verbal report by the Director of Democratic and Legal Services in respect of Eskside Wharf, Whitby.  A summary of the report and the Cabinet’s resolution is recorded in the Council's Restricted Minute Book.

 

Reasons

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