Agenda and minutes

Friday, 26th February, 2016 2.00 pm

Venue: Town Hall, Scarborough

No. Item

Mayor's Opening Remarks

Mrs Mavis Don OBE

The Mayor invited all those present to stand in silence as a mark of respect following the recent death of the former Mayor, former Leader of the Council and Honorary Alderman, Mrs Mavis Don OBE.


Royal Yachting Association Powerboat Racing Award – ‘Best Contribution from Host Venue’

The Portfolio Holder for Harbours, Assets, Coast and Flood Protection, Councillor Cockerill was delighted to announce the Borough Council’s success in winning this national award in relation to the P1 Powerboat Racing Event in May 2015.  The Mayor then accepted the award on behalf of the Council.




Declarations of interests. pdf icon PDF 43 KB


No declarations of interest were received.




Apologies for Absence.


See above.




Minutes of the meeting of the Council held on 11 January 2016 to be read or taken as read as the case may be. pdf icon PDF 85 KB


RESOLVED that the minutes of the meeting held on 11 January 2016 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.




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


Governance Review (16/19) pdf icon PDF 49 KB

Additional documents:


The recommendations in the extract minutes from the Cabinet were proposed by Councillor Derek Bastiman and duly seconded.  The Leader of the Labour Group, Councillor Siddons indicated his group’s support for the report’s proposals, but sought confirmation that the new Overview and Scrutiny Board would be politically proportionate and chaired by a member of the opposition group.  Councillor Bastiman hoped that the Chair would come from the opposition group.  This and the politically proportionate membership would be a decision for the full Council.  He also welcomed the proposal to conduct a skills audit of councillors to help identify how all Members could contribute to the scrutiny function.

RESOLVED that the Council approve that:


(i)            With effect from the civic year 2016/17, the current structure of four scrutiny committees is replaced by a new model for overview and scrutiny centred on a single nine Member Overview and Scrutiny Board as detailed in paragraph 5.13 and Appendix 1 of the report;


(ii)          The three remaining area committees are discontinued;


(iii)         The Monitoring Officer is given delegated authority to make the necessary changes to the Constitution flowing from the introduction of the new overview and scrutiny model and disbandment of the area committees;


(iv)         An online library of Member briefings is put in place to complement the developing programme of public Member briefing sessions;


(v)          Training on the new structure, processes, and scrutiny skills is delivered to Members as part of the implementation of the new model; and


(vi)         The new scrutiny arrangements are reviewed after the first year’s operation.




·         To improve the governance of the Council


·         To deliver a more outcome-focused, responsive and meaningful scrutiny function which gives more fulfilment to Members and improves the Council’s reputation




Scarborough Spa Coast Protection Scheme (16/49) pdf icon PDF 47 KB

Additional documents:


The recommendations in the extract minutes from the Cabinet were proposed by Councillor Derek Bastiman and duly seconded.   Members welcomed this report and that this important scheme could now proceed.  In reply to questions, the Portfolio Holder, Councillor Cockerill assured the meeting that there was a budget in place to enable the ongoing maintenance of the sea wall, and he would endeavour to keep all councillors, including ward members, informed through the Council’s website and the ongoing public consultation process which included a drop-in session for local residents to take place in the next weeks.

RESOLVED that the Council note that the cost of the revised phased scheme to maintain the Spa sea wall, and stabilise the cliff is £14,711k, which has received an offer of funding from the Environment Agency of £11,619k, and requires contributions from beneficiaries of £3,092k in order to proceed, and:


i)             approve the revised and updated Project Appraisal Report (PAR) which has been technically approved by the Environment Agency’s Large Project Review Group (LPRG) and agree to adopt the phased approach within the report to deliver the project;


ii)            agree to accept £11,619k of Flood Defence Grant in Aid funding from the Environment Agency;


iii)           agree to accept a contribution of £1,215k from North Yorkshire County Council towards the risk contingency, if required, and seek to re-establish their commitment to fund 50%;


iv)           agree to provide a contribution of up to £1,877k from the Council towards the risk contingency, if required, to be underwritten from the £3,000k coast protection budget identified in the Council’s Draft Revenue and Capital Budget 2016/17;


v)            agree to request contributions from utility company beneficiaries, and any such other major beneficiaries as approved by the project board;


vi)           subject to recommendations (i) to (iv) inclusive which will allow the scheme to proceed, approve entry into a contract and provide delegated authority to the Director of Democratic and Legal Services  in consultation with the Portfolio holder for Harbours, Assets, Coast and Flood Protection to agree the terms of an acceptable NEC3 ECC target cost construction contract with Balfour Beatty Civil Engineering Limited (formerly Birse Civils Limited) following satisfactory completion of their ECI contract;


vii)         approve a budget of up to £50k to enable the submission of a Stage 1 bid to the Heritage Lottery Fund by the Council’s existing consultant to provide environmental enhancements over and above the like-for-like reinstatement provided by the scheme to the whole of the South Cliff Gardens, to be funded from the £3,000k coast protection budget identified in the Council’s Draft Revenue and Capital Budget 2016/17.



To address the identified problems within the Spa area.




Scarborough and Whitby Business Development Zones and Local Discretionary Business Rate Reliefs (16/40) pdf icon PDF 43 KB

Additional documents:


The recommendations in the extract minutes from the Cabinet were proposed by Councillor Derek Bastiman and duly seconded.  Councillor Siddons, the Leader of the Labour Group, applauded this initiative to attract new business and jobs to the Borough, but noted the downside that it would remove the opportunity to increase business rates income over the next few years, income on which the Council would increasingly depend.  Councillor Colling made a plea that in return for business rate relief, new businesses setting up in the Business Development Zones pay their employees the Living Wage to help alleviate the unacceptable level of child poverty in the Borough.  The Leader, Councillor Bastiman noted both comments.

RESOLVED that the Council:


i       approve the establishment of two Business Development Zones in Scarborough Borough, at Scarborough and Whitby Business Parks, to help maximise inward investment with a particular focus on the potash, offshore wind and manufacturing and engineering supply chains, and to deliver new employment opportunities for local people.


ii      approve the Local Discretionary National Non Domestic Rates (NNDR) Relief Policy for the Business Development Zones, which will target the above industry types and offer qualifying businesses with NNDR reliefs equivalent to those offered by Government approved Enterprise Zones;


iii    approve the General Local Discretionary NNDR Relief Policy, which will provide an opportunity to grant NNDR reliefs for exceptional applications that will result in tangible benefits to local residents and, in particular, the attraction of businesses, investment, jobs or amenities to the Borough;


iv    delegate authority to approve the above NNDR reliefs to the Council’s Section 151 Officer in consultation with the Portfolio Holder for Finance, Procurement and Legal.



To incentivise business growth within the Borough and maximise future inward investment and job creation. 


To increase the Council’s future share of retained NNDR income, which will become the Council’s primary source of core Local Government Finance Settlement funding by 2020.




Any reports going direct to Council


Environmental Health Fees and Charges pdf icon PDF 274 KB

To consider a report by the Directors (TW/LD) (reference 16/56) attached.


The Council considered a report by the Directors (LW/TW) (Reference 16/56) seeking approval of the schedule of Environment and Regulation service fees and charges for 2016/17.  The recommendations therein were proposed by Councillor Bastiman and duly seconded.

RESOLVED that the Council approve the fees and charges administered by the Council’s Environment and Regulation service, as itemised in Appendix A of the report, which will come into effect on 1 April 2016.



The fees and charges must be approved by Full Council prior to their implementation on 1 April 2016.




Budget/Council Tax 2016/17 pdf icon PDF 428 KB

To consider a report by the Director (NE) (reference 16/57 (attached)):


(i)            Council Tax Resolution

To set the amount of Council Tax for the area for each band for the financial year 2016/17 and the payment dates.


Note:- the recommended level of Council Tax increase for a Band D equivalent property is £5.00 (2.37%).


(ii)          Financial Strategy (attached)

Additional documents:


The Council considered a report by the Director (NE) (Reference 16/57) which sought approval of (i) the level of Council Tax for 2016/17, and (ii) the Council’s Financial Strategy 2016-2026.


Council Tax Resolution 2016/17

(i)            In moving the Council Tax Resolution (which was duly seconded), the Portfolio Holder for Finance, Procurement and Legal, Councillor Mrs Mallory explained that the proposed increase of 2.37% (£5 for a Band D equivalent property) for 2016/17 would cost each household an additional 79p per year compared to the original proposed increase of 1.99%.  This would raise an additional £29k for the Council which would effectively enable the authority to continue supporting Create Arts Development in 2016/17.  Councillor Mrs Mallory reminded the meeting that the Borough Council had not increased its proportion of Council Tax since 2010, a proportion which constituted 13% of the total Council Tax which the Borough Council collected on behalf of the County Council (including its Adult Social Care precept), the Police and Crime Commissioner, the Fire Authority and the parish and town councils in the Borough.  Councillor Siddons supported the proposed increase, but was critical of the Council’s decision not to increase the Council Tax level over the previous five years, as the Labour Group had proposed, condemning the Conservative administration’s management of the Council’s finances   Councillor Siddons contended that following his Group’s advice, would have enriched the Council’s base budget by an extra £795k thereby putting the Council in a stronger position to protect services which had been lost.  He also criticised the low Transitional Grant and Rural Services Delivery Grant the Borough Council had received from the Government when compared with Hambleton and Ryedale – a settlement which penalised all communities in the Borough.  Councillor Randerson urged all Members to vote in favour of the proposed increase, not as a statement of support for the Conservative Group, but in the best interest of residents.  Councillor Billing welcomed the Council’s continued funding for Create and requested further explanation of how £120k savings would be achieved from transformational change to balance the 2016/17 budget.  Councillor Broadbent voiced concern at the cumulative impact of all the precepting authorities’ increases in Council Tax on struggling families, and asked that the additional income raised prioritise the vulnerable in society.  Councillor Mrs Cluer also expressed her support for the recommendation.  Councillor Mrs Mallory noted Members’ comments, maintaining that she was trying to do the best in difficult economic circumstances for all residents of the Borough.  The proposed Council Tax Resolution was then put to the vote and was carried, as recorded below:



Cllrs Abbott, Allanson, A Backhouse, L Backhouse, Barnett, Bastiman, Mrs Bastiman, Billing, Broadbent, Chance, Chatt, Cluer, Cockerill, Colling, Coulson, P Cross, S Cross, Dennett, Dodds, Donohue-Moncrieff, Fox, Green, Inman, Jeffels, Jefferson, Jenkinson, Lynskey, Mallory, Maw, Moody, Mortimer, N Murphy, Nock, Pearson, Phillips, Plant, Price, Randerson, Ritchie, Siddons, Smith, Swiers, Trumper, Turner, Vesey, Walsh, Warburton




Council’s Financial Strategy 2016-2026

(ii)          In moving the Financial Strategy and its recommendations  ...  view the full minutes text for item 9.


To receive a statement by the Leader and deal with any questions arising from that statement. pdf icon PDF 58 KB


Before providing his update on the Sands Development, the Leader answered questions about his written statement.  In respect of the disused Mr Marvel’s site on the North Bay, Councillor Bastiman confirmed that once the new Water Park was completed, then other areas on the wider site would be developed.  He was aware of the 350 job losses at Boulby Potash mine and commented that both Sirius Minerals and Scarborough Jobmatch were assisting the former employees to find work.  Councillor Bastiman commended Barrowcliff Big Local’s work with Jobmatch to train local people in construction skills and to identify other skills gaps in the Barrowcliff area.   In reply to a question about the new LED street lighting on the Marine Drive, Councillor Chatt commented that the new lights would be more energy efficient and more effective.


Turning to the Sands Waterpark, the Leader advised that he had met with Mr Duce, of Benchmark Leisure, that week, who remained very enthusiastic about the whole of the Sands development and was keen to embark on the next phases.  The Sands Waterpark itself continued to make good progress.  The rear amenity block had now been constructed and was beginning to be fitted out internally with electrical fittings and suspended ceilings.  The concrete pool tank was nearly completed and the pool hall steelwork was being erected. Fabrication of the slides had also begun in the car park.  The contractor was currently expecting to complete works on the Waterpark in June 2016 at which point it would be handed to the operator, Alpamare, who would undertake some fitting out works of their own.  The current anticipated opening date was early July 2016.


Councillor Siddons communicated one of his constituent’s concerns about the recent revelation that Scarborough Athletic needed £25k to last until the end of season: given Scarborough Athletic was a key partner in the development of the Sports Village, and in particular the stadium, what financial controls and scrutiny did the Council have in place to monitor and ensure that key significant partnerships such as these were operated within prudent and sustainable parameters?   Councillor Bastiman undertook to provide a full written response to Councillor Siddons.  Councillor Vesey asked about Coventry University’s planned recruitment of students in light of local landlords’ and businesses’ concerns about the closure of the Hull University campus on the Filey Road and the loss of 1000 students by the summer.  Councillor Bastiman replied that some 70 learners had enrolled with Coventry University Scarborough Campus this year.  This figure was set to increase to 350-400 learners next year, slowly building to the new building’s full capacity of 2200 students.  Coventry University had applied to UK Visas and Immigration to extend their ability to recruit international students, and awaited UKVI’s determination.  Further, the Council’s Housing Manager was meeting with Landlords Associations and local businesses to keep them abreast of developments.




To receive statements from each of the Cabinet Members and deal with any questions arising from those statements. pdf icon PDF 58 KB

Additional documents:


Councillor Andrew Backhouse presented his statement as Portfolio Holder for Tourism and Culture.  In response to Members’ questions, he explained that through signing a five year agreement with music promoters, Cuffe and Taylor, the Council was seeking to reduce its subsidy of the Open Air Theatre, and move towards a profit sharing position for the venue.  Councillor Backhouse noted that some residents had been caught out by the expiry of their parking scratch cards and undertook to provide further and clearer information about scratch cards on the Council’s website.  The Director, Mr Edwards undertook to provide the questioner, Councillor Inman a detailed response about the financial implications for the Council if the opening of the Waterpark were delayed. 


Councillor Chatt presented his statement as Portfolio Holder for Public Health and Housing, urging councillors to publicise the free local dog microchipping events (compulsory microchipping would come into effect in April) and to refer vulnerable constituents to the Home Improvement Agency.  In reply to a question about fly tipping in Whitby, Councillor Chatt acknowledged that this was becoming a big issue, as the value of scrap metal reduced.  He would like to work with the CCTV service to monitor hotspots and would ensure that the Council continued to prosecute fly tippers.  Councillor Billing commended the work of Customer First in getting abandoned fridges removed promptly in his ward.


Councillor Cockerill presented his statement as Portfolio Holder for Harbours, Assets, Coast and Flood Protection, highlighting the renewal of the kiosks in Whitby Harbour as an example of the Council’s enterprising approach.  In reply to a question, he confirmed that the Ports Development Group met in private, producing action points for its own use.


Councillor Ms Donohue-Moncrieff presented her statement as Portfolio Holder for Democracy, Neighbourhoods, Stronger and Safer Communities, acknowledging Customer First’s tremendous work in providing assistance to residents to join the new Garden Waste Collection Scheme, and the Democratic Services Manager, Mr Harris’ efforts in support of the Governance Review.  Councillor Randerson then put a question to Councillor Ms Donohue-Moncrieff, raising concerns about the quality of the canvass carried out by the Borough Council and the number of electors it registers, and about the Council relying solely on Individual Electoral Registration figures a year earlier than the Electoral Commission recommended.  He alluded to Office of National Statistics figures released that week which showed that the Borough electorate reduced by 2333 (not 132 as previously reported), falling from 83,132 in December 2014 to 80,799 December 2015.  Further, after the 2010 Census, the Electoral Commission concluded that the Register of Electors was only 85% complete.  This meant that 97,000 real people included in the Census and of voting age, were resident in the Borough but this Council’s Electoral Roll canvass registered only 83,000 of them.  Councillor Randerson understood that the Electoral Commission criticised the Council in 2014 for not meeting the house-to-house enquiry standard in 2013 and not completing its canvass and the Labour Party’s doorstep work locally showed the face-to-face canvass that  ...  view the full minutes text for item 11.


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


RESOLVED that the minutes be received.