Agenda and minutes

Friday, 22nd February, 2013 2.00 pm

Venue: Town Hall, Scarborough

No. Item

Prior to the start of the meeting Ruth Fairchild, on behalf of the Fairtrade Foundation  presented the Mayor with 3 certificates, one for Scarborough, Whitby and Filey.  The certificates renewed the status of the Borough of Scarborough as a Fairtrade Borough.  The Mayor advised that she was proud to accept the certificates and arrangements would be made for the relevant certificates to be delivered to the Whitby and Filey Town Councils.


Declarations of interests. pdf icon PDF 21 KB


Councillor Andrew Jenkinson, declared a Personal and Prejudicial interest in agenda item 12, 1326 - To Approve the Revision of Byelaws Relating to Hackney Carriages as he was a private hire driver.




Apologies for Absence.


Apologies for absence were received from the following Members;-

Councillors G W Allanson, G A Backhouse, S Bairstow, Mrs D Clegg,

 M Cooper, J G Flinton, C Haddington, Mrs M Harland and Ms R Murphy.



Minutes of the meeting of the Council held on 18 December 2012 and 7 January 2013 to be read or taken as read as the case may be. pdf icon PDF 24 KB

Additional documents:


RESOLVED that the Minutes of the meetings of the Council held on 18 December 2012 and 7 January 2013 taken as read and signed by the Chairman as a correct record.



To consider any communications received by the Chief Executive.


The Chief Executive advised that no communications had been received.



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


The Chief Executive advised that no questions had been received.  Cllr. Popple stood and asked about a question that Mr Ingham had wanted to put to the Council.  The Head of Legal and Democratic Services advised that under the Constitution there was no public question time at Council meetings and Mr  Ingham had been advised to put his question to the next meeting of the Cabinet.



Budget/Council Tax 2013 (i) Financial and Property Asset Management Strategy


Financial and Property Asset Management Strategy 2013-23 pdf icon PDF 235 KB

To consider a report by the Head of Finance & Asset Management (reference 13/91) attached.

Additional documents:


This item was considered as part of the debate regarding the setting of Council tax.


RESOLVED that Council:


(i)         approve the final Financial and Property Asset Management Strategy (Appendix A) with particular note made of the following recommendations contained within it


-          The proposed revenue budget requirement for 2013/14 of £16,822,497 if Council Tax is frozen and £16,880,210 if Council Tax is increased by 1.95%

-          The decision as to whether to freeze the Borough Council element of Council Tax or increase it by 1.95% is covered within the separate Council Tax Setting report (note the total Council Tax, includes County Council, Fire and Police)).

-          Proposed efficiencies / savings totalling £2,662,930

-          Additional mainstream budget provision for the following priority areas: £10k for lifeguard cover at Sandsend, £120k for the outsourcing of Scarborough Spa and Whitby Pavilion, £100k additional investment in repairs and maintenance to Council owned properties, £50k increased investment in the capital programme, and £20k increase in the Futurist Theatre operating subsidy.

-          Additional one off funding of £60k in 2013/14 (in addition to core funding of circa £32k) for the Citizens Advice Bureau, £25k for an Energy Efficiency Advice Service and £44k for repairs to Filey footbridge.

-          Funding from the Earmarked Reserves for the 2013/14 year for the following areas: £1.1m committed for the outsourcing of Scarborough Spa and Whitby Pavilion, £60k Welcome to Yorkshire contributions, £14k for Edgehill Community Café, and £15k additional contribution for Public Conveniences in Filey Town Centre.  

-          A proposed draw of up to £100k from General Fund Reserve balances in respect of Whitby Harbour Board, which was approved in 2012/13.

-     Proposed capital expenditure as follows :-

o       Essential schemes totalling £406k (£271k for Sheet Piling works, £35k for works to Scarborough Spa Cliff Lift and £100k for lighting column replacement)

o       £150k for the Leisure Village Development

o       Enhancements to IT technology of £188k

o       Investment in Vehicles, Plant and Equipment in 2013/14 of £1.621 million

-          Revenue expenditure of £234k on Coastal Protection works, £705k on property repairs, maintenance and planned works and £113k on Disability Discrimination Act Works in 2013/14

-          The Invest to Save Strategy

-          Treasury Management Strategy and Annual Investment Strategy

-          Prudential Indicators and Minimum Revenue Provision Policy

-          The Council’s Pay Policy Statement


 (ii)       note and endorse the comments contained within the Chief Finance Officers Statutory Statement.




The Council is required to approve a balanced revenue budget and set its level of Council Tax for 2013/14. 


The Chief Finance Officer (Head of Finance and Asset Management) has a statutory responsibility to ensure a balanced budget is set by Council, and that he reports to Members in accordance with the Local Government Act 2003 and other relevant Acts. 


The Financial and Property Asset management Strategy supports the achievement of Corporate Priorities for the Council, and sets out the significant issues facing the Council and how these will be addressed, together with associated risk assessments.



Council Tax Resolution pdf icon PDF 195 KB

To set the amounts of Council Tax for the area for each band for the financial year 2013/14 and the payment dates for 2013/14 as either:


A         Council Tax Option (A) – being a Council Tax Freeze – to follow


B         Council Tax Option (B) – being a Council Tax Increase of 1.95% - to follow

Additional documents:


Councillor Kenyon stood to move this proposal.  She paid tribute to the work of the Head of Finance and Asset Management, Mr Edwards, and his staff for their professionalism and dedication in working up the budget. She advised Council that there were 2 proposals for consideration by Members.   Option A being a Council tax freeze and Option B which was a Council Tax increase of 1.95%.  She advised that this would be the third consecutive year of council tax freeze grant being available and was equivalent to a 1% increase income and equates to £88,000.  However the cumulative impact of consecutive years of council tax freezing on the base budget meant additional savings have to be identified year on year.  The rationale as to whether to accept the council tax freeze or increase council tax is no different this year to last year – residents are no more able to afford any increase this year then they could last year.   The results of the consultation were gratifying with a general acceptance that we had done our best to protect services whilst making savings from the back office but we cannot go on making the required savings that a continuing tax freeze will inevitably build up.

It is clear that local government is certainly no friend of central government.  There appears to be little or no acceptance that delivering services in rural authorities costs more money that in an urban authority.  On the East Coast there are significant areas of depravation, high unemployment and the essential part of the economy is tourism, yet tourism is not a statutory function.   Over the years local authority funding through government grant and council tax was approximately 50/50.  With consistent in reductions over the last few years is now nearer to 1/3rd from government and 2/3rds from local government.    This Council has acted with financial responsibility recognising the needs of our residents for the statutory services we have to provide but nevertheless there have been painful savings to be made respond to the austerity and these are likely to continue until at least 2020.  The Council should write again to the Secretary of State regarding the discrimination in the funding for rural authorities and we should also seek support from other seaside resorts through the British Resorts Association with a view to raising the issue of tourism being made a statutory function of seaside resorts and recognised in the funding formula.  Councillor Kenyon also advised Members that she intends to review the budget position in July this year so that members can have a clear focus on how this year’s budget, based on significant savings, is being met to assist in achieving a more balanced budget for 2014/15.  It as noted that the current budget had significant risks and as was reliant on car parking and other savings and efficiencies and there was little room to manoeuvre if some of the presumptions were not realised. Councillor Kenyon then moved that Option  A be approved  ...  view the full minutes text for item 6b


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


1319 - Osgodby Parish Council's Request for a Decrease of Members pdf icon PDF 13 KB

Additional documents:


The recommendations in the extract minute from the Cabinet were proposed by Councillor Fox and seconded by Councillor Bastiman.


RESOLVED that Council approve the request from Osgodby Parish Council for a decrease in membership from eight to seven members to take immediate effect.




To assist the Parish Council in decision making.



Selection of the Mayor and Deputy Mayor 2013/2014


The Chief Executive informed Council that there was one nomination for Mayor and that was in respect of Councillor G A Backhouse and that there were two nominations for the post of Deputy Mayor and a ballot for Deputy Mayor would take place.  The nominations for Deputy Mayor were Councillor Mick Jay-Hanmer and Councillor Mrs Pat Marsburg.   A ballot was held and Councillor Mrs Pat Marsburg received the most votes.


RESOLVED that Councillor G A Backhouse be proposed as Mayor and Councillor Mrs Pat Marsburg as Deputy Mayor.




1383 - Town Hall and Wider Site Development - Initial Feasibility Study Outcome pdf icon PDF 196 KB

Additional documents:


The recommendations in the extract minute from the Cabinet were proposed by Councillor Fox and seconded by Councillor Bastiman.


RESOLVED that Council:


i.          accept the “e1 – Explore Report” prepared by the Council’s strategic property partners Public Sector Plc (PSP) as the basis for moving forward with the development subject to compliance with the governance arrangements of the Partnership to the satisfaction of the Head of Legal and Support Services and Head of Finance and Asset Management


ii.         agree to authorise the Partnership entered into by the Council to move to stages e2 and e3 with PSP in accordance with the Partnership Agreement agreed by Cabinet on 19 June 2012


iii.                note that the costs incurred by PSP in undertaking the e2 and e3 studies will ultimately be recoverable from funds contained within the Partnership whether realised by profits secured from this Project or any future project.


iv      note that officers will work with PSP to ensure that no funding opportunities are missed at any stages of the development.





To enable the development to move to the next stage



1380 - Review of Polling Places pdf icon PDF 166 KB

Additional documents:


The recommendations in the extract minute from the Cabinet were proposed by Councillor Billing and seconded by Councillor Abbott.


RESOLVED that Council:


1.         approve the designation of St Mark’s Community Hall, Green Lane, Newby for use as a polling station for the OB Newby Polling District for the 2 May 2013 elections only;


2.         approve the designation of Barrowcliff County Primary School for use as a polling station for the YB Woodlands Polling District for the 2 May 2013 elections only;


3.         approve the designation of St. Anne’s Hall Ugthorpe as a replacement polling station for the NM Ugthorpe Polling District and NN Hutton Mulgrave Polling District for all future elections; and


4.         the Library at Whitby Community College continues to be designated for use as a polling station for the MA Polling District.




To comply with the requirements of the Representation of the People Act 1983.



1326 - To Approve the Revision of Byelaws Relating to Hackney Carriages pdf icon PDF 138 KB

Additional documents:


The recommendations in the extract minute from the Cabinet were proposed by Councillor Fox and seconded by Councillor Watson.


RESOLVED that Council approve the revised draft Byelaws relating to Hackney Carriages attached at Appendix A of this report.




The current Hackney Carriage Byelaws came into effect on 1 November 1987.  As the Byelaws have been in place for almost 25 years, their revision was considered necessary to ensure that they accurately reflect changes in legislation and updates to the Department of Transport’s (DfT) Model Byelaws upon which they are based.


The draft Byelaws were sent to the DfT following approval by Licensing Committee on 10 December 2012. On 14 December 2012 the Borough Council was formally granted ‘Provisional Approval’ by the DfT enabling progress to the next stage on the path to be awarded ‘Formal Confirmation’ by the DfT in the Spring 2013.


(In accordance with his declaration under Minute 1 Councillor Andrew Jenkinson left the meeting during the debate and determination of the above item).





Reports on Urgent Decisions in accordance with Access to Information Rule 16.


The Leader advised on an urgent decision he had taken with relation to the Scarborough Indoor Bowls Club to enable remedial works to be completed and to enable the Bowls Club to secure external funding for their lighting scheme.




Any reports going direct to Council


There were no reports to consider.



To consider the following motions of which due notice has been given in accordance with Paragraph 11.1 of the Council Procedure Rules:- pdf icon PDF 413 KB

Notice of Motion for Council on Friday 22 February

Proposed by Cllr Tom Fox and seconded by Cllr Derek Bastiman


Councillor Fox proposed the following motion which was seconded by Councillor D Bastiman.


Following the resolution of Council on the 5 November 2012 following the alleged conduct of Sir Jimmy Savile over six decades and the publication in January 2013 of the report by the Metropolitan Police and the NSPCC, ‘Giving Victims a Voice’ (such copy having been circulated to each and every member of this Council), it is right that this Council  now considers those findings and makes its decision in relation to the outstanding matters contained within the motion agreed by this Council the 5 November 2012.


Following the meeting of the 5 November 2012 the name of Sir James Savile was, in accordance with the resolution of Council, removed from the Honour Board for the ‘Freedom of the Borough’.


The conclusion of the report’s authors, the police and NSPCC, ‘Giving Victims a Voice’ highlights from the information provided by the hundreds of people who have come forward to Operation Yewtree, that Sir James Savile was one of the UK’s most prolific known sexual predators.  Indeed, they state most clearly the formal recording of allegations of crime on the scale they have encountered, is to the best of their knowledge, unprecedented in the UK.


They report that evidence provided by the victims of his abuse paint the picture of a mainly opportunistic individual who used his celebrity status as a powerful tool to coerce or control his victims, preying on the vulnerable or star-struck, for his sexual gratification.


With such unequivocal report, ‘Giving Victims a Voice’, then this Council moves the following for immediate and permanent resolution in respect of Sir James Savile:-


  • That the honour of the Freeman  of the Borough be removed forthwith;
  • that all records (other than as required by law) of such honour be removed immediately from the registers and accounts of this Council to include the permanent removal of his name from the honours board for the Freedom of the Borough;
  • This Council and successor councils respects the resolution to include no endorsing or supporting matters brought forward in his name such as memorials, street and/or property naming or other high recognition, office or award in his memory and to the matter of such high recognition; and that
  • the Leader, write to the Prime Minister to insist on determined action to bring a resolution for change from Government for those constitutional matters relating to knighthood and other high honour, such action leading to constitutional change which would permit the removal of such honour following unequivocal discovery, even after death of the recipient, of serious dishonourable and/or most heinous conduct during their lifetime.


And to the victims:-

  • The Council publicly praises the courage of those who have come forward to report such horrendous crimes as indicated in the report, ‘giving victims a voice’; and
  • continues to have empathy with all victims including those who have yet to come forward.


Councillor Billing moved the suspension of Standing Orders and Councillor Mortimer seconded to allow  ...  view the full minutes text for item 11.


To receive a statement by the Leader and deal with any questions arising from that statement. pdf icon PDF 21 KB


The Leader updated Members on the Sports Village and Sands development and answered Members questions.


Sports Village

The Sports Village project is now at a point where most of the necessary dialogue with development companies has been completed and the Council is ready to move forward and request final tenders for the development.


  • Final dialogue meetings with all bidders are scheduled for week commencing 25 February.
  • The Council are aiming for submission of final tenders by the end of May and being able to report the final tenders to Cabinet 18 June and Full Council on 16 July.
  • Following award of the tender the preferred developer would be able to submit a full planning application and it is hoped, given that tenderers have worked to the planning briefs developed for the site, this would be in place by the end of the November.
  • The Council anticipate being able to commence construction of the Leisure Village in early 2014 with completion of the football ground during Quarter 4 2014 and sports centre in Quarter 1 2015.
  •  The project and tender exercise for the swimming pool element of the village will be through a traditional Design and Build route and we are aiming for the project to be at planning application stage in December / January 2014.


Sport England has also confirmed our success in achieving Stage 2 in the Iconic Facilities funding bid for £2.2million.


Councillor Cross expressed concern that Compass Gym had not been included in the survey carried out and been wondered if this would have had an impact on the results and he was of the opinion that  the document was flawed and he had no confidence in the report.  He also advised that there was a need for facilities in Filey.  The Leader advised that he was disappointed that Compass Gym they had not been included in the survey but had been advised that the recommendation would have been the same and that the proposals in the development brief will not see any increase in facilities.  With regard to fitness facilities in Filey he advised that the Council were actively engaged with Filey Town Council about additional sports provision for the area but a proper business case would need to be put forward for any sports provision.  Discussions had already commenced with the North Yorkshire County Council to see if there was anything that could be done to save the swimming pool.


The Sands Development

The Leader advised that the planning approval for the whole of the development excluding the Atlantis site was approved in August 2012.  Since then officers have been working with Benchmark to complete the section 106 Agreement and to discharge the planning conditions attached to the approval which will be needed prior to the water park phase starting.


The planning conditions have now been finalised and agreed by the Chair and Vice Chair of the Planning Committee and Benchmark have been advised to submit information on the pre-commencement conditions affecting the water park  ...  view the full minutes text for item 12.


To receive statements from each of the Cabinet Members and deal with any questions arising from those statements. pdf icon PDF 66 KB

Additional documents:


Councillor Bastiman presented his statement as Portfolio Holder for Strategic Planning and Regeneration.  He advised Council that the decision taken by Planning and Development committee about implementing charges for permitted development enquiries had been called in and that the outcome of the call-in was that Cabinet’s decision to implement a charge was upheld.    There were no questions.


Councillor Chatt presented his statement as Portfolio Holder for Public Health and Housing and answered questions from members.


Councillor Cockerill presented his statement as Portfolio Holder for Harbours, Assets, Coast and Flood Protection and advised Council that the Whitby Ice house should be demolished by the end of next week, that the Spa Options appraisal was ongoing and that funding had been obtained for the Filey Flood alleviation work.


Councillor Kenyon presented her statement as Portfolio Holder for Finance, Procurement and Legal.   There were no questions.


Councillor Mrs Marsden presented her statement as Portfolio Holder for Human Resources, Performance, Transport and ICT.  There were no questions.


Councillor Simpson presented his statement as Portfolio Holder for Democracy, Neighbourhoods, Safer and Stronger Communities and answered members’ questions.


Councillor Chance presented his statement as Portfolio Holder for Tourism and Culture and advised Council that he had omitted mentioning the Muston Scarecrow Festival which would be taking place from the 27 July to the 4 August 2013.




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


The Minutes were received.

Before closing the meeting the Mayor advised Members of two funding raising events that were taking place for the Mayoress’ Community Fund.  The first was a concert  by a ladies group called Raven which would be held at the Town Hall  on the 6 March and the Mayor’s Charity Ball which would be taking place in the Spa Grand Hall on the 15 March.  She encouraged members of the Council to support these events as they raised money which was distributed to all areas of the Borough.