Agenda and minutes

Cabinet
Tuesday, 15th March, 2016 10.00 am

Venue: Town Hall, Scarborough

Items
No. Item

1.

Declarations of Interest pdf icon PDF 43 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 Plant declared a personal and prejudicial interest in agenda item 5, Progress of Scrutiny of Executive Decisions, since his brother-in-law worked in Customer First in Whitby.

 

2.

Minutes pdf icon PDF 129 KB

To approve as a correct record and sign the Minutes of the meeting held on 16 February 2016 attached.

Minutes:

RESOLVED that the minutes of the meeting held on 16 February 2016 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:

Members were advised that a number of questions had been received in respect of (i) the proposed amalgamation of Eskdale School and Caedmon College, and (ii) the future of tourist information provision in Whitby.  Details are set out below.

 

(i)            Proposed amalgamation of Eskdale School and Caedmon College

 

Dr Jon Brown – Question - I am sure some of the Cabinet are aware of the proposal, put forward by the Children’s and Young Persons Department of North Yorkshire County Council, to amalgamate the two secondary schools in Whitby, namely Eskdale School and Caedmon College.  This proposal is being forced on the parents of pupils of Eskdale School, and has provoked much public opposition.  Although the Schools Service is not the responsibility of Scarborough Borough Council, the effect of the closure of Eskdale School on the people of Whitby should be of concern to the Borough Council.  The County Council’s proposal document fails to mention any consideration of the community use of Eskdale School and the effect of the loss of Eskdale School. If Eskdale School closes there will be much larger impact on the local community than just the children having to go to another school.

 

Currently, there are a number of community and sport groups which use the Eskdale School site:

  • ABRSM music exams
  • Fishburn Park Football Club 1st& 2nd teams
  • Fishburn Park kids football (3 teams)
  • Football Clubs – Fylingdales, Lealholm and Whitby RC (various times during year)
  • Fylingdales netball - various times through the year
  • Methodist Church group (various times per year)
  • Motorhome rallies (2 per year)
  • Onomy - Young church group
  • Orchestra/Music club
  • Tennis Club
  • Ultimate Soccer
  • Volleyball Club
  • Whitby Christian Fellowship
  • Whitby Ladies football
  • Whitby Company of Archers
  • Whitby Rugby Club
  • Young Farmers Basketball

 

The most notable loss for the consideration of Scarborough Borough Council would be both the loss of football and tennis facilities.

 

Eskdale School has 3 junior (11v11) and 2 mini (7v7) pitches. An additional pitch is adjacent to Eskdale School, Broomfield Park, which uses Eskdale School to access their site.  According to Scarborough Borough Council’s Scarborough Playing Pitch Strategy 2013, ‘Currently Eskdale School site isoverused by +1 match equivalent session.” Further demand has been placed on the site since the removal of a pitch at Whitby Rugby Club.  Eskdale School was also identified as a possible site for a 4G pitch.  If Eskdale School is closed and the site is sold by NORTH YORKSHIRE COUNTY COUNCIL where are all these teams going to play/train?  Further is the effect on the Tennis Courts. According to the Scarborough Playing Pitch Strategy 2013, there were 11 tennis courts in Whitby; however since then I believe the two tennis courts at the Leisure Centre have been removed. Which leaves 9 in Whitby in total and 4 of those are at Eskdale School. The club has an average of 100 members, making it consistently, the second largest in the Borough of Scarborough. It is the only club in Whitby providing club play and coaching for  ...  view the full minutes text for item 3.

4.

Forward Plan pdf icon PDF 276 KB

To review the Cabinet’s Forward Plan (reference 16/78) attached.

Minutes:

The Cabinet considered the Forward Plan (Reference 16/78) noting the following amendments:

(i)            Under the Leisure, Tourism and Culture portfolio, the addition of the review of public conveniences report at the June meeting;

(ii)          The deferral of Item 28, Coast Protection Finance Strategy from March to June

In reply to a query, the Chairman confirmed that he would endeavour to ensure that where possible private and confidential items on the Forward Plan would be considered in public, by placing the commercially sensitive information in private and confidential appendices.

RESOLVED that, subject to the amendments outlined in (i) and (ii), the Forward Plan be approved.

 

5.

Progress of Scrutiny of Executive Decisions

To receive an oral report by the Chief Executive.

Minutes:

Members were advised that the Cabinet’s decision dated 16 February 2016 in respect of the future provision of Tourist Information / Customer First Services had been called in for scrutiny and was considered at a meeting of the Health and Wellbeing Scrutiny Committee on 8 March.  In the absence of the Chair of the Health and Wellbeing Scrutiny Committee, Councillor Jeffels, who unfortunately could not be present at this meeting, the Director, Mrs Dixon read the following statement on his behalf:

‘I would like to thank all of the persons who attended the scrutiny committee and contributed to the debate about the provision of tourist information in the Borough.

I would particularly like to thank those members of the public who took the time to attend the meeting and put forward their views with such clarity and conviction.

Cabinet will be aware that the resolution of the committee was that the Cabinet:

(i)            Reconsiders its decision in relation to the Tourist Information Centres in the Borough by marketing the Whitby and Scarborough TIC sites on the basis that part of the current Whitby site should be reserved for use by a manned TIC/Customer First facility, and a manned TIC should be retained in Scarborough;

(ii)          Carries out more widespread consultation throughout the Borough including villages in the North York Moors National Park;

(iii)         Carries out a reassessment of the statistics used in the report to enable a rigorous cost/benefit analysis of the options proposed; and

(iv)         Explores a wider range of creative options which should include encouraging local groups to develop a Community Right to Bid under the Localism Act 2011, with the necessary six month moratorium period to allow such bids to come forward.

 

This resolution was informed by a variety of views put forward both by members of this Council and members of the public who had registered to speak at that meeting. Key concerns raised were as follows:

 

1. Other options should have been considered that could be equally cost effective, but would offer a better local, face to face service as in Harrogate and Thirsk.

 

2. There was a lack of consultation with members and local communities before the officers’ report and recommendations were submitted to Cabinet for decision.

 

3. The decision was based on incomplete information and estimated statistics.  The costings did not include all the financial facts that should have been considered  

 

4. No risk assessment was carried out on the possible adverse effects on local attractions and businesses and local tourism economies.

 

Mr Charles Forgan from the Captain Cook Museum and a representative on the Yorkshire Coast Tourism Advisory Board, pointed out that over the last decade, employment in tourism in Whitby had increased by 40%, well ahead of Scarborough, other seaside towns and England generally.  He maintained that a key component of the marketing mix was a welcoming TIC in the best location, and that the rise in internet usage did not replace print nor diminish the demand for the face to  ...  view the full minutes text for item 5.

6.

Schedule of Meetings 2016/17 pdf icon PDF 132 KB

To consider a report by the Director (LD) (reference 16/39) attached.

 

Additional documents:

Minutes:

The Cabinet considered a report by the Director (LD) (Reference 16/39) in respect of the Council’s Schedule of Meetings 2016/17 taking into account the new scrutiny arrangements approved at full Council.  Members asked that the dates of the new Overview and Scrutiny Board be reviewed before the schedule was approved at full Council to ensure optimum efficiency in the working relationship between the Cabinet and the Board, and that the Board sit under the Cabinet in the schedule to reflect its importance.  It was also noted that the schedule may undergo further change in light of proposals to be considered by the Audit Committee to merge the Standards and Audit Committees.

RESOLVED that, subject to appropriate revisions, the Cabinet recommends full Council to adopt the Schedule of Meetings for 2016/17 as set out in Appendix A to the report.

 

Reasons

Approval of the Schedule of Meetings will ensure that Council business is conducted efficiently.

 

7.

Performance Management Framework - Quarter 3 Report 2015/16 pdf icon PDF 318 KB

To consider a report by the Director (LD) (reference 16/71) attached.

 

Additional documents:

Minutes:

The Cabinet considered a report by the Director (LD) (Reference 16/71) in respect of the Council’s performance for a rolling 12 month period to the end of December 2015.  In relation to paragraph 4.6 and Choices4Energy, Members welcomed that the service had now been transferred to the Home Improvement Agency, and its new focus which meant that footfall was no longer an appropriate PI.  In respect of sickness absence levels, the Corporate Performance Officer reported that affected services were working closely with Human Resources to address higher levels, and undertook to include details of long term sickness absence in future reports.  It was also noted that in the section of the report on Critical Success Factors, it should state that the appropriate CSFs were unlikely to be completed within current target times.

RESOLVED that the Cabinet note the contents of this report and in particular the good/satisfactory levels of performance being achieved by services at the current time and consequently not to refer any areas of performance to Overview and Scrutiny at the current time.

 

Reasons

To provide information relating to Council performance for a rolling 12 month period to the end of the third quarter of 2015/16, including monitoring of Performance Indicators, and Critical Success Factors. 

 

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. 

 

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).

 

9.

SANDS DEVELOPMENT - CONSTRUCTION OF A PUBLIC HOUSE/RESTAURANT

To consider a report by the Director (NE) (reference 16/80) attached.

Minutes:

The Cabinet considered a report by the Director (NE) (Reference 16/80) in respect of the construction of a public house / restaurant on the Sands Development.

RESOLVED that the Cabinet:

1.            Approve entry into a Supplemental Agreement and Lease with Benchmark Leisure Limited and Benchmark Properties Limited to facilitate the construction of a public house / restaurant by Marston’s Inns and Taverns on land adjoining Burniston Road Car Park on terms principally contained within this report.

 

2.            Subject to 1 above, delegate authority to the Director (NE) in consultation with the relevant portfolio holders to agree terms and enter into an agreement with Benchmark Leisure Limited relating to the operation of Burniston Road Car Park in conjunction with the Water Park Car Park once the works to the public house / restaurant and car park have been completed. 

 

Reasons

To provide the necessary authorisations to enable the Council and the developer to move forward with the Sands Development, in particular the construction of the public house / restaurant phase.