Agenda and minutes

Monday, 12th May, 2014 2.00 pm

No. Item

Mayor's opening remarks

Councillor Mick Jay-Hanmer


The Mayor invited all those present to stand in silence as a mark of respect following the death of Councillor Mick Jay-Hanmer.


Video recording


The Mayor informed Members that permission had been given to various parties to film the meeting’s proceedings.



Declarations of interests. pdf icon PDF 21 KB


Councillor Mrs Kenyon-Miller declared a personal interest in agenda item 12, Cabinet Members’ statements, in her capacity as a trustee of Whitby and District Fishing Industry Training School.



Apologies for Absence.


Apologies for absence were received from Councillors Mrs Backhouse, Green, Haddington, Murphy, Miss Murphy, Siddons, Simpson and Zegstroo.



Minutes of the meeting of the Council held on 28 February 2014 to be read or taken as read as the case may be. pdf icon PDF 119 KB


RESOLVED that the minutes of the meeting held on 28 February 2014 be 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.



Petitions to Council Under Section 4, Paragraph 17 of the Constitution


To receive and debate the following petition received from Cllr Jefferson:

The Futurist Theatre, Scarborough


The Council considered the following petition which was presented by Councillor Mrs Janet Jefferson:

‘We the undersigned petition the Council to retain the Futurist Theatre in Scarborough and support its restoration, expansion and inclusion within the proposed Town Hall and wider development plan.

By working with Scarborough Borough Council and Homes and Communities Agency, we feel that the development of apartments and other associated tourism businesses in and around this seafront site, together with an application to the Coastal Communities fund (bearing in mind the extensive support from local business groups, local residential community and visitors/patrons of the Futurist Theatre) could in turn provide the initial funding to restore and modify the Futurist Theatre to accommodate additional 'A' rated travelling shows, which in turn will boost the overall economy and employment within Scarborough and the wider Borough and kick start other proposed developments within the catchment area and wider development plan.’


Councillor Mrs Jefferson began by thanking all those local residents who had signed the petition which had to surpass 5000 in number to trigger this debate at full Council.  She also referred to the support for the retention of the Futurist Theatre from the local tourism and hospitality industry, the Theatres Trust, and national media; the theatre’s potential to host lucrative touring shows from the West End which could also involve local young people; the theatre’s capacity to accommodate opera and ballet, and to become a venue for visitors in wet weather.  Councillor Mrs Jefferson maintained that the theatre could become sustainable by the construction of apartments above and around the building, the provision of a bar and restaurant on site, and by establishing an Art, Theatrical and Creative Industries College and venue for the town’s heritage groups.  She saw a restored and adapted theatre within an iconic building housing these other facilities and attractions as a unique opportunity to make the town the envy of every other coastal resort in the country.  Councillor Mrs Jefferson also sought further information on recent bids to take over and run the Futurist Theatre which she understood had been rejected by the Council, and asked how the Council would respond to the restrictive covenant which she understood had been placed on the site by Mr William Catlin.  In conclusion, Councillor Mrs Jefferson requested that the Joint Venture Board consider the requests and proposals detailed within the petition at its next meeting.  Before the Cabinet Member for Tourism and Culture responded, the Leader of the Council, Councillor Fox first provided an update on the matter of the restrictive covenant on the site.  Members were advised that this was not a true restrictive covenant since it related to a concrete slab and not the land itself, and did not restrict the Council’s use of the land conveyed to it.  The clause referred to the consent of Catlins Entertainments Limited which became Futurist Enterprises Limited.  This company was dissolved in 1989.  Assuming that the benefit of the clause had not been assigned in any  ...  view the full minutes text for item 6a


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


Schedule of Meetings 2014/15 (14/82) pdf icon PDF 13 KB

Additional documents:


The recommendation in the extract minutes from the Cabinet was proposed by Councillor Fox and duly seconded, with the sole amendment that the Cabinet meeting in December 2014 be rescheduled for 17th (Wednesday) to allow for the centenary commemorations of the north east coast bombardment the previous day.

RESOLVED that, subject to the above amendment, that the Schedule of Meetings 2014/15 be approved.



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



Scarborough Spa Options Appraisal and Project Appraisal Report (14/52) pdf icon PDF 35 KB

Additional documents:


The recommendations in the extract minute from the Cabinet were proposed by Councillor Fox and duly seconded.  As reported at the Cabinet, Councillor Fox assured the Council that representations continued to be made through a variety of avenues both to seek financial assistance for the scheme and to seek changes to the new funding arrangements for coastal protection schemes; and that a robust monitoring regime was in place for the Spa cliffs and sea wall which supported a dynamic ongoing risk assessment.

RESOLVED that the Council:

i)                    note the recommendation from the S151 officer that the scheme is unaffordable;


ii)                  advise the Environment Agency that the full implementation of the proposals is unaffordable for the Council and resolve to instruct officers to engage with local Members of Parliament and Government departments to consider the future of coast protection works within the Borough with a view to referring the issue to an alternative Risk Management Authority, being either the Environment Agency or North Yorkshire County Council for their consideration, including an option for phased implementation of works. 


iii)                note that in order to comply with the grant funding conditions already entered into by the Council, the Council is required to submit the completed study to the Environment Agency.  Cabinet is therefore recommended to agree to submit this to the Environment Agency Large Projects Review Group for their Technical Approval.  Members are asked to note that this submission or any subsequent approval in no way commits the Council to implement or fund the proposals;


iv)                note the risks identified to persons and property from over-topping and cliff instability and instruct officers to develop a risk management plan to be brought back to Cabinet for consideration.



To address the identified problems within the Spa area.



Appointment of the Cabinet and Committees (14/114) pdf icon PDF 14 KB

Additional documents:


The recommendation in the extract minutes from the Cabinet was proposed by Councillor Fox and duly seconded.  Whilst noting that firm proposals to constitute the Council’s committees for 2014/15 could only be made after the by-election for the Derwent Valley ward on 22 May, when the new political composition of the Council would be determined, the following amendments were reported for inclusion in the report to the Annual Meeting of the Council on 29 May 2014:

(i)                 Councillor Cross to be removed from the membership of the Appointments Committee in the event that UKIP does not retain its seat in the Derwent Valley ward (and so no longer constitutes a political group on the Council);

(ii)               Councillor Smith to replace Councillor Watson as Chair of the Licensing Committee and Councillor Armsby to replace Councillor Smith as Vice-Chair of the same;

(iii)             Councillor Mrs Mortimer to fill the Conservative Group vacancy on the Health and Wellbeing Scrutiny Committee;

(iv)              Councillor Jeffels to fill the Conservative Group vacancy on the Environment and Economy Scrutiny Committee;

(v)                Following his tenure as Mayor, Councillor Andrew Backhouse to replace Councillor Jeffels as Chair of the Central Rural Area Committee and to be appointed to the Safer and Stronger Communities Scrutiny Committee and Standards Committee; and

(vi)              Councillor Ms Davy to replace Councillor Challen as Chair of the Safer and Stronger Communities Scrutiny Committee

RESOLVED that the full Council note:

(i)                 the current membership of the Cabinet and committees for 2013/14 set out in Appendix A;

(ii)               that the political composition may change again after the by-election for the Derwent Valley ward on 22 May 2014;

(iii)             that, following consultation with the Group Leaders after 22 May, a list of nominations to the committees for 2014/15, including Chairs and Vice-Chairs, will be tabled at the Annual Meeting of the Council on 29 May 2014, to reflect the new political composition of the Council.


To ensure the good governance of the Council.



Review of the Council's Governance Structure/Constitution (14/130) pdf icon PDF 40 KB

Additional documents:


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

RESOLVED that the Council:

(i)                 notes that amendments have been made to the Constitution in accordance with the decision taken by full Council at its meeting of 13 May 2013; and

(ii)               approves the further housekeeping amendments to the Constitution referred to in this report.



To ensure that the Constitution properly reflects the organisation of the Council and to ensure good governance.



Governance Policy Documents (14/95) pdf icon PDF 13 KB

Additional documents:


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

RESOLVED that the governance policy documents attached to the report are approved and adopted as part of the Council’s policy framework.



The policy documents are necessary to enable strong and effective governance, and to assist the Council in meeting its legal, operational, statutory, and regulatory requirements.



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


The Sands Waterpark Update - 31 March 2014 (14/128) pdf icon PDF 27 KB


The Council noted the urgent decision made by the Leader in respect of The Sands Waterpark (dated 31 March 2014 – report reference 14/128).



The Sands Waterpark Update - 25 April 2014 (14/143) pdf icon PDF 27 KB


The Council noted the urgent decision made by the Leader in respect of The Sands Waterpark (dated 25 April 2014 – report reference 14/143).



Any reports going direct to Council


Appointments to Outside Bodies pdf icon PDF 101 KB

To consider a report by the Director of Democratic & Legal Services (reference 14/162) attached.


The Council considered a report by the Chief Executive (Reference 14/162) in respect of the appointment of Council representatives to outside bodies.

RESOLVED that the Council:

(i)                 approve the appointment of Councillor Steve Siddons as one of the Council’s representatives on the Board of Trustees of Scarborough Municipal Charity; and


(ii)               note that, following her appointment as the Portfolio Holder for Democracy, Neighbourhoods, Stronger & Safer Communities, Councillor Michelle Donohue-Moncrieff has become the Council’s new representative on the North Yorkshire Police and Crime Panel.



To ensure good governance and promote partnership working within the borough.



To consider the following motions of which due notice has been given in accordance with Paragraph 12.1 of the Council Procedure Rules:- pdf icon PDF 14 KB


The Council considered the following motion which was proposed by Councillor Fox and seconded by Councillor Derek Bastiman:

‘That the Council moves the following for immediate and permanent resolution in respect of Peter Jaconelli

That the honour of ‘Alderman’ be removed forthwith;


That the honour of the title ‘Mayor’ be removed forthwith;


That all reference to Peter Jaconelli as ‘former Mayor’ cease:


·        To include the permanent removal of his name from the honours board for the Alderman of the Borough and Mayor of the Borough;


·        This Council and successor Councils respect 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 victims:-


This Council publicly praises the courage of those who have come forward after such a long time to report such serious crimes.


Following on from ‘giving victims a voice’ we recognise and continue to have empathy with all victims, whoever the offender, whatever the situation including empathy and support for those who have yet to come forward.’


In introducing the motion, Councillor Fox reported that on 24 February 2014 a senior officer of North Yorkshire Police had been in contact with him regarding former Alderman and Mayor of the Borough of Scarborough, the late Peter Jaconelli, and on 28 February 2014 he had shared publicly with the Council aspects of that communication and the expected time scales for the Police to continue their investigation.  On 4 April 4 2014 he and the Chief Executive had had further contact with a senior officer of the North Yorkshire Police and this contact was followed by the issuing of a press release by the Police.  North Yorkshire Police highlighted that their enquiries continued as they sought and urged other victims who had yet to come forward to do so. The Council gave and continued to give total support to this investigation.  The Police had confirmed they have already obtained evidence from a number of witnesses and had, without reservation, stated that such was the nature of the evidence that, if he were alive today, Peter Jaconelli would have been interviewed under caution and a file of evidence would have been submitted for consideration by the Crown Prosecution Service. 


It was in light of this Police Statement and the discussions Councillor Fox had held with the Police that he was left in doubt that the evidence relied on and coming from the victims of the late Peter Jaconelli was most creditable, truthful and reliable.  For this reason, his view was that the recognition and high honour bestowed by this Council and its residents upon the late Peter Jaconelli during his time as an elected Councillor of the Borough could not continue.  The Council owed it to his victims whether identified or not, to the residents and good name of the Borough, and to members of his family who themselves had become victims of his  ...  view the full minutes text for item 10.


To receive a statement by the Leader and deal with any questions arising from that statement. pdf icon PDF 13 KB


The Leader provided updates on the Leisure Village and the Sands Development.  The Council was advised that on 19 February 2014, the Leader had used his delegated authority to approve entry into the Development Agreements with Wrenbridge to construct the new Scarborough Leisure Village.  These agreements had now been executed by both parties and were dated 4 April 2014.  Wrenbridge was now working with officers to discharge the conditionality of the agreements, and the Leader was shortly expecting Wrenbridge to submit a disposal strategy for the enabling sites for his consideration.  Ecological and ground surveys on site were continuing, including the third newt survey of this year which provided sufficient evidence to confirm to Natural England that the site was unlikely to support great crested newts.  Sport England was attending regular monthly meetings with the full team and all progress so far was on programme.  The target date for submission of a planning application was July 2014 with works on site anticipated to commence in the first quarter 2015 and to be complete by the third quarter 2016.  In reply to Members’ questions, the Leader confirmed that the tendering exercise for the operation of leisure services had demonstrated that external providers could achieve significant economies of scale not available to the Council.  Consideration had also been given to the Council establishing a Community Interest Company but the set up costs were prohibitive and the risks greater than for an external provider.


In respect of the Sands Development, Members were reminded that on 25 April 2014, the Leader had used his delegated authority to approve the proposals by Benchmark to construct a state of the art water park in Scarborough’s North Bay.  The attraction, which would be the only one of its kind in the UK, would be built on Burniston Road car park and could be open by Easter 2016.  It would be run by German company Alpamare and according to the developer, could attract up to half a million visitors a year.  Initially it would feature four thrilling water rides, which would be some of the best rides available in the world on a par with those found at premier water parks in Dubai and Florida, a wave pool, a luxury spa suite for the ultimate in spa experiences and a thermal iodine infinity pool.  There were also plans for other features to be added to the water park under future development phases.  He added that the decision to progress with the Water Park was a significant milestone and should be the catalyst that would get The Sands project moving once again and bring massive economic benefits, not just to Scarborough, but the whole Borough too.  Whilst accepting that there was an element of risk, it showed the confidence the Council had in the scheme and demonstrated the Council’s strong commitment to economic growth, regeneration and jobs.  He also confirmed that the Viability Study for the Water Park would be placed in the public domain.


In respect of the  ...  view the full minutes text for item 11.


To receive statements from each of the Cabinet Members and deal with any questions arising from those statements. pdf icon PDF 35 KB

Additional documents:


Councillor Bastiman presented his statement as Portfolio Holder for Strategic Planning and Regeneration, and answered Members’ questions.  In respect of the Apprenticeship Hub, the Council, through its delivery partner, Groundwork North Yorkshire, was delivering a successful engineering and technical apprenticeship programme and had placed nearly 100 apprentices into local companies during the last twelve months.  In December 2012 the Council co-ordinated a meeting of all FE colleges in North Yorkshire to broker a partnership to submit bids for the Local Response Fund.  This would provide funding for each college to deliver short term training courses to upskill the unemployed and employees. In March 2013 the Council had submitted a Local Response Fund (LRF) application to the Local Enterprise Partnership (LEP), partnering with the Grimsby Institute of Further and Higher Education (GIFHE).  The LRF monies need spending by June 2015.  This included a proposal to extend the Apprenticeship Hub concept across Ryedale, Hambleton and Richmondshire.  The LRF bid was successful and a contract awarded to GIFHE, the lead partner, in June 2013 with a separate contract for the Apprenticeship Hub proposal promised by September 2013.  This would have enabled the Council to recruit the apprenticeship co-ordinator and launch an 18 month project running from January 2014 to June 2015.  However, to date the LEP had been unable to deliver an “approval” despite having all the required information and the fact that the project was based on rolling out a project which was already extremely successful.  The timetable was as follows:

December 2013 – LEP advised the project approved in principle

January 2014 – Skills Funding Agency (SFA) contracts manager seconded to LEP

February 2014 – LEP Skills Board established

February 2014 – the LEP offered a further £1.6m to the main LRF programme

April 2014 – Due to lack of progress, the Council unfortunately had withdrawn from the bid.  This was to protect the reputation of Scarborough Borough Council and Groundwork North Yorkshire as the delivery partners and also Hambleton, Ryedale and Richmondshire Councils where the project would be delivered.  With barely a year left to deliver the project, it would have been impossible to recruit an apprenticeship co-ordinator or deliver the outputs developed in the business plan.  This process had been extremely disappointing as there was a significant employer demand for apprentices across the non Leeds city region parts of North Yorkshire and all partners were looking forward to delivering a successful high impact project.  In relation to the additional £1.6m funding, GIFHE continued to negotiate with the LEP re eligible expenditure and delivery of outputs.


In respect of inward investment, the Council was delivering an ongoing programme of support to facilitate investment into the Borough including;


  • A new inward investment brochure was being prepared promoting the Borough in general but with a focus on supply chain activity for both Potash and the Renewables sectors


  • Attending national Regeneration Conference in Liverpool at the end of June



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


RESOLVED that the minutes be received.