Agenda and minutes

Cabinet
Tuesday, 26th May, 2015 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:

Councillors Backhouse, Bastiman and Plant each declared a personal and prejudicial interest in agenda item 6, Grass Cutting Service Level Agreement. since they were all members of North Yorkshire County Council.

 

Councillor Mrs Mallory declared a personal and non-prejudicial interest in agenda item 6, Grass Cutting Service Level Agreement, since she was a member of Seamer Parish Council.

 

Dispensations – agenda item 6, Grass Cutting Service Level Agreement

Having declared their interests above, Councillors Backhouse, Bastiman, and Plant all made requests to the Council’s Monitoring Officer for the grant of a dispensation in relation to such interests to allow them to participate in the discussion and vote on this Item.  The Monitoring Officer granted dispensations on the following grounds:

Councillor Backhouse - as Cabinet Member for Tourism, Leisure and Culture, grass cutting was a service which concerned his portfolio.  The withdrawal of, or reduction in the grass cutting service would have a detrimental impact on the appearance of the Borough, which in turn could have a negative impact on the local tourism industry.  It was therefore important that he was given the opportunity to take part in this agenda item in the interests of residents and businesses in the Borough.

Councillor Bastiman - a significantly reduced grass cutting service could have an adverse effect on any future inward investment in the Borough, which would in turn have an effect on the overall economy of the Borough and he had a specific responsibility for Regeneration. It was also noted that for Councillor Bastiman not to take part would disenfranchise the people he represented on this important matter for the Borough.

Councillor Plant - as Cabinet Member for Strategic Planning and Transformation, a significantly reduced grass cutting service could have an adverse effect on any future investment / development, which would in turn have an effect on the overall economy of the Borough. In addition the Monitoring Officer considered that it was in the public interest for him to represent the electorate of Whitby West Cliff Ward in this matter as it was a significant area of the Tourist Industry.   It was noted that Councillor Plant had confirmed that he would retain an open mind and would cast his vote based upon the report before the Cabinet and its implications for the residents and businesses of Whitby West Cliff Ward which he represented.

 

2.

Minutes pdf icon PDF 47 KB

To approve as a correct record and sign the Minutes of the meeting held on 14 April 2015 (attached).

Minutes:

RESOLVED that the minutes of the meeting held on 14 April 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 163 KB

To review the Cabinet’s Forward Plan (reference 15/122) attached.

Minutes:

RESOLVED that the Forward Plan (Reference 15/122) be approved.

 

5.

Progress of Scrutiny of Executive Decisions

To receive an oral report by the Chief Executive.

Minutes:

Members were advised that the decision of the Portfolio Holder for Democracy, Neighbourhoods, Stronger and Safer Communities dated 24 April 2015 in respect of the award of the contract for the Mayor’s Chauffeur and Attendant Services to Pinnacle Chauffeur Transport Ltd had been called in for scrutiny and would be considered by the Resources Scrutiny Committee at its next meeting on 21 July 2015.

 

6.

Grass Cutting Service Level Agreement pdf icon PDF 2 MB

To consider a report by the Director of Service Delivery (reference 15/140) attached.

Minutes:

The Cabinet considered a report by the Director of Service Delivery (Reference 15/144) in respect of the County Council’s decision to cease to fund most highway verge grass cutting, and the Service Level Agreement between the County and the Borough Council through which the Borough Council maintained significant areas of grassland, beds and borders within the ownership of the County Council.  Members were advised that following negotiations between both councils, the County Council had now agreed to retain payments to the Borough Council in 2015/16 to maintain key areas of horticulture and to continue grounds maintenance on the SITS scheme at Osgodby.  These amounts were in addition to the payment for grass cutting which had been enhanced to include a three month notice payment at current rates to terminate the existing SLA.  What was in effect a 29% reduction against the current position would enable the Borough Council to maintain a grass cutting regime of these areas through the summer months although at reduced levels, whilst attempting to preserve the reputation of both authorities.  The Cabinet then discussed the report and current contractual arrangements, reiterating their concerns about the effect of the County Council’s proposals, and asking to be kept informed of the impacts on Borough Council staff.  Certain inaccuracies in the maps in the appendices were highlighted which the Director would communicate to the County Council.  It was also suggested that the Portfolio Holder for Finance, Procurement and Legal be included in the negotiations in recommendation (c).

RESOLVED that the Cabinet note the decision of North Yorkshire County Council to cease to fund most highway verge grass cutting and agree:

 

a)        to continue to cut all North Yorkshire County Council grass throughout 2015 at a reduced frequency, taking advantage of the enhanced payment this year in lieu of notice.  This would ensure that the grass verges were maintained throughout the tourist season, however, it must be noted that the frequency of cut will reduce and standards may fall from previous years.

 

b)        to cease grass cutting at the end of the 2015 growing season should no further increase in funding be forthcoming from North Yorkshire County Council.

 

c)         to authorise officers in conjunction with the Portfolio Holder for Finance, Procurement and Legal to continue negotiation with North Yorkshire County Council in respect of recommendation (b).

 

Reasons

To ensure that the Borough Council responds to the changes proposed by North Yorkshire County Council (NYCC) in a manner which continues to support the Council’s Corporate Priorities and limits the damage to the reputation of the Borough Council. 

 

7.

The Redevelopment of Scarborough Market Hall pdf icon PDF 305 KB

To consider a report by the Chief Executive (reference 15/135) attached.

Additional documents:

Minutes:

The Cabinet considered a report by the Chief Executive (Reference 15/135) in respect of the refurbishment of Scarborough Market Hall.  In what was overall a very positive report, two issues in particular were highlighted to Members: the recommendation to opt to tax the indoor market so that income generated from the site became VAT-able, and the measures to mitigate the effects of this change on small traders; and the risk to the revenue budget of a funding shortfall in 2015/16 and 2016/17 of £21k, although occupier interest arising from the significant improvements could mitigate this shortfall.  Members welcomed the report and commended the work of Regeneration Services in support of this ambitious project which would transform the venue.

RESOLVED that the Cabinet:

1)    Approve the acceptance of a £2.78m grant from the Coastal Communities Fund to refurbish Scarborough Market Hall and delegate authority to the Leader of the Council to approve the outputs in the business plan and the terms and conditions of the funding (thereby creating 2.5 direct new jobs, 30 new business spaces, 60 indirect new jobs, create 20 new retail apprenticeships and safeguard 78 jobs) and authorise entry into the appropriate agreements

 

2)    Approve an exemption to the Council’s contract procedure rules to permit the Council to enter into the partnership agreement with the University of Hull written by Regeneration Services to deliver a ‘virtual market’ and independent social enterprise for the reasons set out in this report

 

3)    Delegate authority to the Director of Democratic and Legal Services to approve the terms of a construction contract with a contractor from the YORbuild Framework to implement the works and authorise entry by the Council into such contract; subject to approval of the contract by Legal Services and receiving tenders within budget.

 

4)    Authorise officers to undertake comprehensive re-organisation of the market, to include business activity, leases, licences, charges thereof and associated operational activity etc. in order to deliver the vision and business plan for the market.

 

5)   Delegate authority to the Director of Business Support to ‘opt to tax’ the Market Hall building before the commencement of any refurbishment works noting that the works cannot begin until confirmation of the ‘option to tax’ has been received from HMRC.

 

6)   Note the pressure that will be exerted upon existing revenue budgets over the next two years and note that, should alternative funding or income sources not be identified, that an overspend to budget of £21k will need to be funded from the Councils contingency revenue budget.

 

Reasons 

To enable the regeneration of Scarborough Market Hall into a 21st century market place safeguarding its future for the town and creating economic growth opportunities for the Borough.

 

8.

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).

 

(Councillor Cockerill asked that it be recorded that he did not support this resolution)

 

9.

North Street Car Park

To consider a report by the Director of Business Support (reference 15/141) attached.

Minutes:

The Cabinet considered a joint report by the Chief Executive and Director of Business Support (Reference 15/141) which sought Members’ views on whether to release North Street Car Park for development or not.  Members were reminded of the recent history of Cabinet and Planning and Development Committee decisions in respect of the car park and related developments on the Futurist/Town Hall and Peasholm Gap sites outlined in Section 3 of the report.  The report also provided an analysis of the current revenue stream provided by this car park in a prime town centre location, and of the land value and development costs of the North Street Car Park site based on the constraint that any developer provide to the Council as part of any development at or in close proximity to the site equivalent car parking capacity, and a restrictive covenant which would prevent the site being used as a chargeable car park.  Members were reminded that the report before them concerned the principle of disposal of the car park, and whether best value for the Council could be achieved, and not whether a cinema would be constructed on the site, which was not guaranteed.  Members discussed the report and this principle, in the context of the wider regeneration of the town centre.  Members of the Cabinet felt that the option to release the site given the constraints and factors outlined above, did not provide sufficient certainty that best value for the Council could be achieved.

RESOLVED that the Cabinet reject the release of North Street Car Park for development and retain as a short stay parking facility.

 

Reasons

To ensure that the Council’s property is used appropriately and to retain the site as a short stay car park facility

Release of the site did not provide sufficient certainty that best value for the Council could be achieved.