Agenda and minutes

Cabinet
Tuesday, 14th April, 2015 10.00 am

Venue: Town Hall, Scarborough

Items
No. Item

Chairman's Opening Remarks

In this his last meeting as Chairman of the Cabinet, Councillor Fox placed on record his gratitude to members of the Cabinet, scrutiny committees and senior management for their work over the last four years in delivering a very exciting agenda for the Borough despite continuing funding challenges.  He also thanked the Director of Service Delivery who would be retiring shortly.  The Deputy Leader, Councillor Bastiman returned thanks to Councillor Fox for his determination and commitment in leading the Council.

 

Councillor Fox also advised that Item 9 on the agenda, Revision of the Council’s Gambling Licensing Policy had been deferred to take account of recent changes in guidance to licensing authorities issued by the Gambling Commission.

 

1.

Declarations of Interest pdf icon PDF 5 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 Fox declared a personal and non-prejudicial interest in agenda item 11, Management of the Council's Sports Facilities in his capacity as Chair of Governors at George Pindar School.

 

2.

Minutes pdf icon PDF 19 KB

To approve as a correct record and sign the Minutes of the meeting held on 17 March 2015 (attached).

Minutes:

RESOLVED that the minutes of the meeting held on 17 March 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 Chairman reported that no public questions had been received.

 

4.

Forward Plan pdf icon PDF 113 KB

To review the Cabinet’s Forward Plan (reference 15/96) attached.

Minutes:

The Cabinet Member for Finance, Procurement and Legal reported under her portfolio that Item 4, Interim Budget report had been deferred to September.

RESOLVED that, subject to the above amendment, the Forward Plan (Reference 15/96) 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 17 March.

 

6.

Safer and Stronger Communities Scrutiny Committee - Review of Council Support for Care Leavers pdf icon PDF 86 KB

To consider a report by the Director of Democratic and Legal Services (reference 15/106) attached.

Additional documents:

Minutes:

The Cabinet considered a report by the Director of Democratic and Legal Services (Reference 15/106) in respect of a review of Council support for care leavers commissioned by the Safer and Stronger Communities Scrutiny Committee.  The Chairman thanked the Task Group for their report which among its conclusions reiterated the need for more supported accommodation in the Borough for young homeless people with high/complex needs (some of whom may be care leavers) through the Young Persons’ Pathway.  The Cabinet Member for Public Health and Housing, Councillor Chatt commended the work of the Council’s Housing Team in addressing homelessness in the Borough, of greater magnitude than other districts in the County, and argued that County Council funding for supported accommodation for young homeless people and other initiatives should be increased to meet the greater need in the Borough.  This was echoed by other Members of the Cabinet who in turn paid tribute to Councillor Chatt’s efforts as Portfolio Holder.

RESOLVED that the Cabinet adopt the following recommendations:

(i) a liaison meeting be arranged involving the County Council Leaving Care Team, the Portfolio Holder for Public Health and Housing, the Chair of the Task Group, Scarborough Borough Council officers in Environmental Health, Benefits, Housing Options, and Regeneration Services to familiarise the Leaving Care Team with the services and advice these Council teams can offer Personal Advisers, and, in turn, the care leavers themselves in both accessing suitable accommodation (with financial support as appropriate) and education, training and employment opportunities;

 

(ii) Housing Benefits and Leaving Care meet to resolve the highlighted issue around Staying Put and eligibility for Housing Benefit, and so improve understanding of their respective frameworks and formalise joint working arrangements;

 

(iii) the results of this liaison meeting including evidence of a closer working relationship between the County Council Leaving Care Team and Borough Council services be reported back to the scrutiny committee in the next months, and again in a year’s time to review progress;

 

(iv) the Borough Council provide support, through publicity and other means, to the County Council’s campaign to recruit more foster carers in the Borough;

 

(v) the Council add care leavers living in the Borough to the list of groups eligible for concessionary rates for using Council leisure services through the Residents Card Scheme; and

 

(vi)  the Council seeks formal commitment from North Yorkshire County Council with regard to the funding contribution toward the development of additional supported housing units for young people in the Borough.

 

Reasons

North Yorkshire County Council fulfils the corporate parenting role for children in care, but is committed with partners, including district councils as the local housing authorities, to implementing an outcome-based strategy to ensure that looked after children access the same opportunities and enjoy the same outcomes as their non-looked after children peers.   Although a very diverse group of people with a range of abilities and needs, care leavers can experience great challenges and difficulties in an often accelerated transition to adulthood and independent living.  This can be  ...  view the full minutes text for item 6.

7.

Environment and Economy Scrutiny Committee - Review of Local Gull Populations and Public Nuisance pdf icon PDF 85 KB

To consider a report by the Director of Democratic and Legal Services (reference 15/105) attached.

Additional documents:

Minutes:

The Cabinet considered a report by the Director of Democratic and Legal Services (Reference 15/105) in respect of a review of local gull populations and public nuisance commissioned by the Environment and Economy Scrutiny Committee.  The report was introduced by the Cabinet Member for Public Health and Housing, Councillor Chatt who thanked the Task Group for a thorough and in-depth piece of work which addressed the difficult and high profile issue of gull nuisance.  The Chairman of the Task Group and of the scrutiny committee, Councillor Allanson then presented his report, highlighting the key behavioural differences between the two species of gull in the review – kittiwakes and herring gulls – which required different approaches to tackling the problems associated with each species within the necessary legal constraints.  He commended the high level of public participation in the review through the website consultation and enquiry days, and reminded the Cabinet that to address the issues in the report successfully would require the cooperation and support of businesses, residents, visitors, property owners and other stakeholders.  A key finding of the review was that property owners themselves may apply to Natural England for a General Licence to remove herring gulls’ eggs from the nest on their roof, if it could be established that the gulls posed a threat to public health or safety.  Councillor Allanson also welcomed the news in the Chancellor of the Exchequer’s Budget Statement that the Government had pledged £250m to tackle urban gull nuisance.  The Cabinet and other Members then commented on the report.  Councillor Cockerill reported that Filey Town Council supported the Task Group’s recommendations and proposed that both Filey and Whitby Town Councils also be consulted about the signage warning people against feeding gulls referred to in recommendation (iv).  The Director of Service Delivery commented that the proposed gull proof refuse sack was an outer sack designed to protect the plastic sack inside, and noted the problems with gulls, badgers and foxes ripping open refuse sacks in Robin Hood’s Bay.

RESOLVED that the Cabinet adopt the following recommendations:

General

 

(i)    That officers produce  educational material for the Council’s website and for use in schools by the Environmental Services Education Officer to explain the differences in appearance, feeding habits and behavioural ecology between kittiwakes and herring gulls, together with advice on appropriate proofing measures for both species, advice on property owners’ ability to apply for a General Licence to Natural England to permit egg removal from the nest (for herring gulls not kittiwakes), and the importance of reducing herring gulls’ human food supply;

 

 

Kittiwakes

 

(ii)  That officers explore the feasibility of a coordinated displacement programme of Scarborough’s urban nesting kittiwakes back to the Castle Headland with Natural England, the RSPB, wildlife management experts and affected property owners, ready for implementation of fine mesh netting and fire gel proofing measures after the end of the kittiwake nesting season in August 2015.  In the meantime, that officers continue to advise property owners on the most effective way  ...  view the full minutes text for item 7.

8.

Corporate Equalities and Diversity Scheme - Draft for Consultation pdf icon PDF 94 KB

To consider a report by the Director of Democratic and Legal Services (reference 15/97) attached.

Additional documents:

Minutes:

The Cabinet considered a report by the Director of Democratic and Legal Services (Reference 15/97) in respect of a new draft Corporate Equalities and Diversity Scheme 2015-2020.  Members were advised that since the Equality Act was now embedded, the new scheme constituted a more concise and streamlined document providing a framework for setting out how the Council would promote the equalities and diversity agenda, and promote community cohesion.

RESOLVED that the Cabinet approve the draft Corporate Equalities and Diversity Scheme 2015-2020 for consultation.

 

Reasons

To ensure that the Council continues to meet the requirements of the Equality Act.

 

9.

Revision of the Council's Gambling Policy - Pre Consultation pdf icon PDF 94 KB

To consider a report by the Director of Service Delivery (reference 15/98) attached.

Additional documents:

Minutes:

This item was deferred (see Chairman’s opening remarks).

 

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 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).

 

11.

Management of the Council's Sports Facilities

To consider a report by the Deputy Chief Executive and Director of Service Delivery (reference 15/112) attached.

Minutes:

The Cabinet considered a joint report by the Deputy Chief Executive and Director of Service Delivery (Reference 15/112) in respect of the selection of the preferred bidder to operate the Council’s sport and leisure facilities.  The Cabinet Member for Tourism and Culture, Councillor Chance presented the report, outlining key aspects of the tendering process – its objectives, evaluation criteria and sub-criteria – and why Sports and Leisure Management Ltd (SLM) was being recommended as the preferred bidder.  Given the very real financial challenges facing the Council over the next 5-10 years, and the significant risk this posed in terms of being able to provide high quality, accessible sport and leisure facilities, Councillor Chance underlined the benefits of engaging a specialist company with a single expert focus on providing excellence in sport and leisure facilities management, who could also offer significant budget savings.  In reply to a Member’s question, the Deputy Chief Executive assured the Cabinet that Council staff who TUPE’d across to SLM would retain their pension rights.

RESOLVED that the Cabinet:

(i)            Approve that following an EU competitive dialogue process, Sports and Leisure Management Ltd (SLM) be selected as the Preferred Bidder for the operation of the Council’s sport and leisure facilities comprising Scarborough Leisure Village, Whitby Leisure Centre and Pindar Leisure Centre;

 

(ii)          Delegate authority to the Deputy Chief Executive in consultation with the Portfolio Holder for Tourism and Culture, to approve final terms and enter into the Leisure Operating Contract with SLM on the basis of their tendered terms, as set out within this report;

 

(iii)         Note that the Scarborough Leisure Village forms a significant component of the tendered facilities therefore entry into the Leisure Operator Contract is predicated upon its construction;

 

(iv)         Approve that officers continue negotiations with George Pindar School and North Yorkshire County Council to renew the Joint Use Agreement for Pindar Leisure Centre with an aim of aligning the duration of the agreement to the operator contract and, subject to the terms of the Joint Use Agreement being broadly similar to the existing agreement, delegate authority to the Director of Democratic and Legal Services in consultation with the Portfolio Holder for Tourism and Culture, to approve final terms and enter into the agreement;

 

(v)          Delegate authority to the Deputy Chief Executive in consultation with the Portfolio Holder for Tourism and Culture, to approve final terms and enter into a match day agreement with Scarborough Athletic Football Club and SLM on broadly similar terms to the Heads of Terms attached to this report; 

 

(vi)         Delegate authority to the Deputy Chief Executive in consultation with the Portfolio Holder for Tourism and Culture, to enter into the North Yorkshire Pension Fund Admissions Agreement and, if required, to act as guarantor for SLM;

 

(vii)        Authorise officers to further explore the options available for the all-weather pitch at Pindar Leisure Centre, with a view to reporting recommendations back to Members later in the year;

 

(viii)      Authorise officers to discuss the potential operation of the Council’s existing leisure facilities  ...  view the full minutes text for item 11.