Agenda and minutes

Council
Monday, 2nd July, 2018 2.00 pm

Items
No. Item

Mayor's Opening Remarks

The Mayor invited all those present to stand in silence as a mark of respect following the recent death Mr Barry Dodd, Lord-Lieutenant for North Yorkshire.

 

The Mayor also congratulated all those who took part in a successful Armed Forces Day on 30 June, and welcomed the momentous news that Scarborough had been selected as the venue for National Armed Forces Day in 2020.

 

 

1.

Declarations of interests. pdf icon PDF 43 KB

Minutes:

Councillor Chance declared a personal and prejudicial interest in agenda item 6(i), Request from Home Office to become an Asylum Seeker Dispersal Area (18/102) since the matter related to his County Council Executive portfolio.

 

Councillor Jefferson declared a personal interest in agenda item 6(ii), Request from Home Office to become an Asylum Seeker Dispersal Area (18/102) since she was a Member of the County Council and a Trustee of the Rainbow Centre in Scarborough, and a personal interest in agenda item 6(iii), Introduction of a Public Space Protection Order for Scarborough – car cruising in her capacity as Chair of Castle Ward Tenants Association.

 

Councillor Randerson declared a personal interest in agenda item 8, To receive statements from each of the Cabinet Members and deal with any questions arising from those statements in relation to the Clock Cafe since he knew the owner.

 

 

2.

Apologies for Absence.

Minutes:

See above.

 

 

3.

Minutes of the meetings of the Council held on 14 May and 17 May 2018 to be read or taken as read as the case may be pdf icon PDF 135 KB

Additional documents:

Minutes:

RESOLVED that the minutes of the meetings held on 14 May and 17 May 2018 be taken as read and signed by the Chairman as a correct record.

 

 

4.

To consider any announcements by the Chief Executive

Minutes:

There were no announcements.

 

 

5.

Questions (if any) of which notice shall have been given.

Minutes:

The Chief Executive advised that no questions had been received.

 

 

6.

To consider and pass resolutions on the following 'A' items:-

6a

Request from Home Office to become an Asylum Seeker Dispersal Area (18/102) pdf icon PDF 43 KB

Additional documents:

Minutes:

The recommendations in the extract minute from the Cabinet were proposed by Councillor Derek Bastiman and duly seconded.  The Portfolio Holder for Public Health and Housing, Councillor Chatt introduced the debate with the recommendation to full Council that the Home Office’s request to become an Asylum Seeker Dispersal Area be rejected.  He recommended this for a number of reasons: no Government funding had been allocated for the scheme; the Council did not have the housing stock, the staff or ability to support the scheme without this additional support; there were too many unknowns in the current proposals, in particular, surrounding the fate of those asylum seekers whose application for refugee status was turned down; he had been advised that in such cases, the scheme contractor, G4S ceased its responsibilities, and the asylum seeker would be referred to the Council under the homelessness legislation for accommodation.  Without proper support and funding, he could envisage these vulnerable people ending up destitute on the Borough’s streets.  Councillor Chatt contrasted this ill-conceived scheme with the Government’s programme for the resettlement of Syrian refugees which was introduced with the necessary support in 2016.  The Labour Group Leader, Councillor Siddons and other Members spoke in support of the Home Office’s proposals, maintaining that a cap of 20 asylum seekers was both manageable and affordable for the Borough, and that the proposals should be accepted on both humanitarian and compassionate grounds.  Other councillors agreed with Councillor Chatt that without proper support and additional funding, the situation of these vulnerable people could be made much worse, and that in their current form, the Home Office’s proposals were unacceptable.  Councillor Fox referred to the report and that by opting out of the North Yorkshire Asylum Dispersal Scheme, the Council would have the opportunity to engage directly with the County Council and the Home Office to communicate Members’ concerns, obtain further information and clarification, and seek a local agreement if possible.  Other Members welcomed Councillor Fox’s proposal, noting the uncertainties in the current scheme, and the risks it posed to asylum seekers.

RESOLVED that the Council:

(i) note the request from the Home Office to extend dispersal arrangements for asylum seekers into North Yorkshire along with the implications of these arrangements for the Borough and reject the request on the understanding that the Secretary of State has the powers to impose asylum dispersal on the Borough; and

(ii) seek engagement with North Yorkshire County Council and the Home Office on this matter in light of the concerns raised by Members about the proposals including the financial implications for the Council of participation in the asylum seeker dispersal scheme. 

 

Reasons

The current scheme was unacceptable for the reasons given above, and the Council wished to enter into dialogue with the County Council and the Home Office to identify a better scheme.

 

(In accordance with his declaration in Minute 1, Councillor Chance withdrew from the meeting prior to the debate and determination of this item.)

 

 

6b

Annual Report and Improvement Plan 2018/19 (18/121) pdf icon PDF 41 KB

Additional documents:

Minutes:

The recommendations in the extract minute from the Cabinet were proposed by Councillor Derek Bastiman and duly seconded.  The Portfolio Holder, Councillor Nock commended the achievements outlined in the report.  The Labour Group Leader, Councillor Siddons was critical of the percentage of performance indicators showing either a downward or unchanged direction of travel, and of the percentage of targets which were not being met.

RESOLVED that the Council note the contents of the report and in particular the good/satisfactory levels of performance being achieved by services at the current time in particular:

 

i       The significant reduction in the levels of sickness absence across the Council

ii      The continuing improvement in response times to complaints and Freedom of Information requests; and

iii    The increase in compliments received by the Council in relation to the carrying out of its services.

 

Reasons

To provide information relating to Council performance for a rolling 12 month period to the end of the fourth quarter/year end of 2017/18, including monitoring of Performance Indicators, Critical Success Factors and the Council’s Significant Partnerships. 

 

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.

 

 

6c

Introduction of a Public Space Protection Order for Scarborough - car cruising (18/122) pdf icon PDF 40 KB

Additional documents:

Minutes:

The recommendations in the extract minute from the Cabinet were proposed by Councillor Derek Bastiman and duly seconded.  Introducing the report, the Portfolio Holder for Communities, Councillor Turner commended the new PSPO which had followed an extensive public consultation process.  She added that the Council had tried in vain to work with the organisers of these ad hoc car cruises which were very poorly managed, and through the sheer number of cars, dangerous driving and parking in pedestrian areas had put people’s lives at risk.  Some Members spoke against the Order maintaining that it would send the wrong message to visitors, and was an inappropriate use of legislation, when other less formal means were more appropriate.  Others spoke in support, noting the very real danger current car cruising practices posed to residents and visitors, this was an accident waiting to happen, the police could not guarantee sufficient resources to cope with these impromptu meetings, and that the application of the Order would not prevent properly managed events such as the Goldwings taking place, but would rather encourage potential organisers to contact the Council and ensure a proper multi-agency approach was adopted to the management of the event.

RESOLVED that the Council:

(a)       approve the making of the Scarborough Public Spaces Protection Order (‘the Order’) as set out at Appendix A;

 

(b)       approve the use of fixed penalty notices for offences under the Order;

 

(c)       approve that the fixed penalty for offences under the Order be £100;

 

(d)       delegate authority to the Directors;

 

(i)            to enforce, and issue fixed penalty notices for offences under, the Order;

(ii)          to authorise in writing any Officer of the Council to enforce, and issue fixed penalty notices for offences under, the Order.

 

Reasons

To provide an additional tool to address the issue of anti-social behaviour in relation to car cruises across the Borough.

 

 

6d

The Living Wage - Annual Review (18/123) pdf icon PDF 41 KB

Additional documents:

Minutes:

The recommendations in the extract minute from the Cabinet were proposed by Councillor Derek Bastiman and duly seconded.  In her introduction the Portfolio Holder for Communities, Councillor Turner commended all the work behind the report, acknowledging that it had taken a long time to reach this position, but it had been right to wait for the outcome of the national pay negotiations which had served to revise the national pay spine to make it legally compliant with the National Living Wage rate whilst maintaining pay differentials and so avoiding equal pay issues.  The bottom rate of the new pay spine was not the same as the current National Living Wage rate, and therefore allowed for some headroom for the Council to introduce the UK Living Wage rate.  Councillor Turner supported this option, and subject to adoption of the rate, undertook to work with the Cabinet to promote this minimum wage rate through the Council’s procurement practices.  Members welcomed this recommendation.  Councillor Siddons was pleased that the Council was now taking steps to address the Borough’s position as the low wage capital of the UK, although he believed the Council’s hand had been forced by the national pay deal.  Councillor Turner reminded the Chamber of her longstanding commitment to the UK Living Wage rate which would continue into the future and confirmed that the rate would apply to all qualifying staff including temporary employees.  Councillor Colling echoed Councillor Turner’s gratitude to those who had contributed to this piece of work, thanking in particular the Human Resources Manager and her team.

RESOLVED that the Council approve the adoption of the current UK Living Wage rate of £8.75 per hour to be backdated to 1 April 2018.

 

Reasons

This report provides an update on the implementation of the UK Living Wage and invites Members to consider a number of issues as part of the annual review that is required to be undertaken in relation to the continued payment of the UK Living Wage.

 

 

7.

To receive a statement by the Leader and deal with any questions arising from that statement. pdf icon PDF 41 KB

Minutes:

Councillor Derek Bastiman presented his Leader’s statement.  Members then asked questions about the cinema development on the North Bay, the planned upgrade of the Seamer Road/Falsgrave Road junction and management of pollution levels, preparation for hosting National Armed Forces Day in 2020, provision of drop-off points at the new Overdale school to avoid traffic congestion, and support the Council was giving to local groups to raise the £125k required to enable the South Cliff Gardens Heritage Lottery Fund project to proceed.  In respect of the Seamer Road/Falsgrave Road junction upgrade and the South Cliff Gardens project, the Leader undertook to provide written replies to Councillor Vesey and Councillor Siddons respectively.  In respect of the cinema development, the Leader confirmed the developer’s intention to complete the development by next summer.  He understood that the developer was engaging with a new cinema operator who no longer required national chain shops and restaurants to use the other units in the complex.  Members were further advised that as part of the development agreement for the Sands, it was not essential that the cinema was developed to release further land for development and enable Benchmark to take a profit from the scheme.  Rather the phased approach centred on the Principal Visitor Attractions of the Waterpark and Open Air Theatre, and Benchmark could not take a profit from the scheme until the loan for the Waterpark had been repaid.  The Leader endorsed Councillor Randerson’s view that adequate drop-off points should be provided for Overdale School which he would raise with the Highway Authority.  Finally, he confirmed that preparations would now begin in earnest for National Armed Forces Day in 2020 including seeking commercial sponsorship to offset the costs of hosting the event and involving the wider Borough.

 

 

8.

To receive statements from each of the Cabinet Members and deal with any questions arising from those statements. pdf icon PDF 53 KB

Additional documents:

Minutes:

Councillor Chatt presented his statement as Portfolio Holder for Public Health and Housing, providing further details of the strategic review of Whitby Market.  A number of changes had been introduced to ensure the operation of the market complied with legislation, including the requirement that traders had public liability insurance.   He referred to a very constructive meeting the previous week with traders, and thanked officers for their involvement.  He added that a Sunday market would continue to trade, and would be subject to further public consultation.  Local ward Councillor Turner thanked the Leader, Councillor Chatt and officers for finding a resolution to this sensitive issue.  Councillor Vesey congratulated Councillor Chatt for his ongoing work in keeping the Borough’s beaches clean and for securing Keep Britain Tidy funding to support this and other projects.  Asked for an update on this year’s herring gull disruption and dispersal programme, Councillor Chatt advised that the scheme had been extended to Filey at no extra cost, and nests were being removed, although he did not yet have the precise figures.  He reminded the Chamber that living gulls could not be harmed under legislation, and one of the biggest issues was the availability of human food which the Council was trying to address in other ways.

 

Councillor Cockerill presented his statement as Portfolio Holder for Major Projects, adding the welcome news that the formal letter offering grant aid towards the cost of reinstating the East Pier footbridge in Whitby had been received. The Council was now contacting beneficiaries to make up the balance of the project costs, including Whitby Town Council as a major stakeholder.  Subject to securing the balance, it was envisaged that the bridge would be fabricated off site and placed in position during the period when the Piers contractor had demobilised for the winter.  Councillor Cockerill also confirmed that discussions were taking place with British Steel about the possibility of their providing the main raw material for the bridge at a reduced cost.  A report would be going to Cabinet to approve acceptance of the offer from the Marine Management Organisation in relation to the European Maritime and Fisheries Fund.  Members then put questions to Councillor Cockerill about loss of the retaining wall below the Clock Café and the inconvenience it was causing staff and disabled people; progress with the independent review of beneficiaries of coast protection schemes agreed by full Council; progress with improving bathing water quality in Scarborough South Bay; the reporting process for outstanding harbour repairs; and further details of the recent loss of the boat in Whitby Harbour.  Acknowledgements were extended to Councillor Cockerill and officers for the work done on the Filey Flat Cliffs scheme; for the invitation to Cabinet Members to visit the Runswick Bay coastal protection scheme; and for the positive developments in respect of the East Pier footbridge.  In reply to the questions, Councillor Cockerill commented that having received the consultants’ report on the failure of the retaining wall below the Clock Café which attributed the  ...  view the full minutes text for item 8.

9.

To receive a statement from the Chair of the Overview and Scrutiny Board and deal with any questions arising from that statement pdf icon PDF 50 KB

Minutes:

Councillor Siddons presented his statement as Chair of the Overview and Scrutiny Board.  There were no questions.

 

 

10.

To receive Minutes of the Council's Executive and Committees published since Council last met and appended hereto.

Minutes:

RESOLVED that the minutes of the meetings be received.