EAST RIDING OF YORKSHIRE COUNCIL THE CABINET 11 JULY 2017

Transcription

1 EAST RIDING OF YORKSHIRE COUNCIL THE CABINET 11 JULY 2017 PRESENT: Councillors Evison (in the Chair), Abraham, Barrett, A Burton, R Burton, Fraser, Harrap and Horton. Councilllor Temple attended the meeting as an observer. Also in attendance: Press - 1 Public - 2 The Cabinet met at County Hall, Beverley DECLARATIONS OF PECUNIARY AND NON-PECUNIARY INTEREST - Councillors R Burton and Fraser declared non-pecuniary interests in Minute 5763 as they paid business rates, both Councillors chose to leave the meeting for the discussion and voting thereon MINUTES - Resolved - That the minutes of the meeting of The Cabinet held on 27 June 2017 be approved and signed as a correct record MINUTES OF OVERVIEW AND SCRUTINY SUB-COMMITTEES - Resolved - That the minutes of the following Overview and Scrutiny Sub-Committees be received:- Health, Care and Wellbeing of 13 June 2017 Children and Young People of 14 June NON-DOMESTIC RATES DISCRETIONARY BUSINESS RATE RELIEF POLICY FOR REVALUATION SUPPORT - The Interim Director of Corporate Resources submitted a report informing The Cabinet that in the Spring Budget 2017, the Chancellor of the Exchequer acknowledged that revised business rate valuations, which came into force on 1 April 2017, had created some hardship. The Government announced it would make available a discretionary fund of 300m over four years from to support those businesses facing the steepest increases in their business rates bill as a result of the revaluation. The funding would enable the Council to make awards of relief under this Policy totalling 0.561m in , reducing to 0.016m by To ensure this funding was used to provide support to business ratepayers adversely affected by the revaluation to its fullest extent, a proactive communications campaign and a simplified application process was proposed. The Government made clear that the support would only be provided to ratepayers who were facing an increase in their bills following revaluation and that more support would be provided to ratepayers that faced the most significant increases in bills and ratepayers occupying lower value properties. Awards under the proposed new Policy would be determined after all other eligible reliefs had been applied. The Council would deliver the scheme through its discretionary discount powers under Section 47(3) of the Local Government Finance Act. The Council would be reimbursed for the cost of the relief awarded up to the notified allocation with any unspent grant recovered by the Government.

2 Recommended to Council - (a) That the Discretionary Rate Relief Policy for provision of support to business rate payers as appended to the report as now submitted be approved; backdated to 1 April 2017; (b) that the Policy be implemented immediately, (c) that total relief awarded be limited to the funding that the Government have made available to local authorities and that relief will cease to be awarded when the allocation for the financial year has been exhausted; (d) that the Interim Director of Corporate Resources be authorised to make minor changes on any necessary Policy amendments required by the Government; (e) that a proactive communications campaign targeted to relevant ratepayers be put in place, and (f) that a simple application process that confirms the eligibility for relief and that state aid limits will not be breached be agreed REVIEW OF HACKNEY CARRIAGE FARES - The Interim Director of Environment and Neighbourhood Services submitted a report concerning hackney carriage fares for which the Council had legal powers under Section 65 of the Local Government (Miscellaneous Provisions) Act 1976 to fix, as well as all other charges in connection with the hire of the hackney carriages in its area. The hackney carriage fares had not changed since 1 April 2014 when increases to the fares in place were brought in. It was now appropriate to review the current fares in place and determine whether a fare increase was appropriate at this time and if so a consultation with the taxi trade and the public would need to be carried out on the proposals before being implemented. A copy of the current hackney carriage fares table which was required to be prominently displayed in the licenced vehicle was appended to the report for The Cabinet s information. The fares were not increased annually but on request from the trade or when reviewed by the Licensing Authority and took full consideration of current economic factors, including the financial impact on both the licensed drivers and customers of approving such an increase. The existing fare structure in the East Riding comprised of three fare tariffs, however the days and times that these tariffs applied were unique to this Authority. Elements of this had resulted in complaints from customers using the services, in particular the implementation of higher rates on the Saturday and Sunday of bank holiday weekends and the implementation of a higher tariff from 8pm in the evening, bearing in mind that the night time economy now started at a much later time. It was therefore suggested that Tariff 2 should only include night time economy hours and come into effect at midnight each day. Tariff 3 was a higher rate tariff and would reflect those special times of the year such as Good Friday, Easter Bank holiday, Christmas Day and New Year's Day. Other proposed changes to the fees were outlined in the report and a new table of fares was appended for The Cabinet s consideration. Resolved - (a) That the revised table of hackney carriage fares as shown at Appendix B to the report as now submitted be approved prior to public consultation; (b) that the publication of the proposed fares in at least one local newspaper circulating in the East Riding and on the Council s website be approved;

3 (c) that a booking fee as part of the fare structure for pre-booked journeys (with dead mileage over 10 miles) be approved and considered as part of the public consultation exercise; (d) that if any objections are received to the proposals the revised fare table be determined by The Cabinet following the consultation exercise, and (e) that the Interim Director of Environment and Neighbourhood Services be authorised to implement the revised table of fares if no objections are received and the new table of fares be put into operation on 1 September REVIEW OF LICENSING POLICY FOR SEX ESTABLISHMENTS - The Interim Director of Environment and Neighbourhood Services submitted a report seeking approval from The Cabinet to formally consult on a revised licensing policy relating to the licensing of sex establishments within the Authority area. Sex establishment premises were regulated and licensed under Schedule 3 of the Local Government (Miscellaneous) Provisions Act 1982 as amended by Section 27 of the Policing and Crime Act This Council resolved to apply Section 3 of the Local Government (Miscellaneous Provisions) Act 1982, providing that anyone wishing to operate a sex establishment within the district must first obtain a licence from the Council. At that time the term establishment related only to shops and cinemas used for that purpose. Following the reclassification of lap dancing style premises as sexual entertainment venues by Section 27 of the Policing and Crime Act 2009, the Council resolved to adopt in 2010 the amended Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 which meant that all the sex establishment venues including lap dancing style premises within the East Riding of Yorkshire area were required to be licensed by the Council. The Policy document had been deposited in group offices and at public deposit points and the minor changes were highlighted for The Cabinet s consideration. Resolved - That the revisions to the licensing Policy For Sex Establishments, as deposited in group offices and at public deposit points, be approved for public consultation for a period of four weeks to reflect the minor changes to the Policy COMMUNITY HOUSING FUND POLICY - The Director of Planning and Economic Regeneration submitted a report concerning the Community Housing Fund Policy. The Council had been awarded 2.04m from the Community Housing Fund. A Draft Community Housing Fund Policy had been prepared which would provide a framework through which the Council would be able to use the funding to support community groups looking to develop housing to meet local needs. The Draft Community Housing Policy was deposited in group offices and at public deposit points for Members consideration. The Council was awarded 1.021m in December 2016 and was offered the opportunity to submit a proposal to request a further 1.021m, taking the total to 2.042m. A proposal for further funding was subsequently submitted and the Council had now been informed that this proposal was successful and the full award had been given. Initial indications suggested that the fund would last for five years (at 60m per year) however it was unclear whether the current level of allocation would remain in future years or would even continue to come directly to the Council. Further allocations would likely to be dependent on satisfying DCLG that the Council is effectively using the funding to bring forward schemes and deliver new homes. Therefore this Policy was needed to enable the Council to release funds effectively and efficiently to community

4 organisations and support them through the process of bringing sites forward. The focus for the fund will be on:- supporting grass root community led housing schemes; facilitating the delivery of stalled sites through re-packaging them as community led housing schemes; promoting refurbishment of existing properties to serve a wider social purpose (eg young homeless people learning construction skills and benefiting from accommodation). Recommended to Council - That the Draft Community Housing Fund Policy as deposited in group offices and at public deposit points, be approved THE FUTURE OF SHELTERED HOUSING - The Directors of Planning and Economic Regeneration and Corporate Strategy and Commissioning submitted a joint report outlining proposals on changes to the Council s sheltered housing and seeking approval to undertake consultation on the proposals with current tenants and other stakeholders. The current model of operating Housing Revenue Account (HRA) Sheltered Housing had existed since the creation of this Council, in order to ensure that the accommodation meets the aims and aspirations of older people, now and in the future and that the financial model for operating supported housing continued to be viable, a full review of sheltered housing had been underway comprising three elements:- a property review; a warden review; and a needs analysis. The analysis of housing needs was completed in 2015/16 and, having regard to the national policy context for housing, health and social care, a Strategic Plan for HRA Sheltered Housing was produced. This was adopted by the Council on 6 April The Strategic Plan set out 5 key objectives for sheltered housing owned and managed by the Council:- Objective 1: Accommodation meets the needs and aspirations of older people now and in the future. Objective 2: Accommodation enables good links with health and social care agencies to promote improved wellbeing for older people. Objective 3: Properties are allocated to those in greatest need. Objective 4: Low demand schemes are re-categorised and new supply promoted in areas of high housing need. Objective 5: The range of support services offered to older people is reviewed. In order to deliver the objectives, a public consultation exercise was launched in September 2016 which sought the views of both existing tenants and future tenants on what services and facilities the Council should provide. The results of this had been used to redesign the support model delivered to sheltered housing tenants and to reconfigure the number of units of each type of housing. The report detailed the national context of the provision of sheltered housing, the previous consultation exercises undertaken and set out the proposals in full. The methodology to be used in approaching the consultation exercise and the associated communication plan was also outlined for The Cabinet s information.

5 Resolved - That the consultation with tenants and other stakeholders on the proposed model of Council owned sheltered housing be endorsed EAST RIDING OF YORKSHIRE AND KINGSTON UPON HULL JOINT LOCAL ACCESS FORUM (JLAF) - MEMBER APPOINTMENTS AND ANNUAL REVIEW The Director of Planning and Economic Regeneration submitted a report relating to the Local Access Forum. The Forums were statutory advisory bodies which provided independent advice to local authorities and other public organisations on matters relating to public access, rights of way and outdoor recreation. This Council administered the East Riding of Yorkshire and Kingston upon Hull Joint Local Access Forum with an annual financial contribution from Hull City Council. The report proposed an amendment to the Council s procedures for appointing voluntary members to the JLAF. In accordance with the existing procedure, approval of The Cabinet was required to confirm JLAF appointments, however in order to streamline this procedure it was proposed that The Cabinet authorises the Director of Planning and Economic Regeneration to confirm all future voluntary member appointments to JLAF. The report also included a summary of the main areas of work undertaken by the JLAF in the last year. Key work areas included the provision of advice to Network Rail to improve access at level crossings in the East Riding; proposals to enhance the Council s Walking the Riding website; a review of permissive access schemes in the East Riding; facilitation of a student research project about young people and outdoor exercise and responses to a range of local consultations to improve rights of way and countryside access. Resolved - That the Director of Planning and Economic Regeneration be authorised to confirm all future voluntary member appointments to the Joint Local Access Forum HOUSING REVENUE ACCOUNT SHARED OWNERSHIP MODEL - The Director of Planning and Economic Regeneration submitted a report concerning the successful award of 0.350m of grant funding from the Homes and Communities Agency under the Shared Ownership and Affordable Homes Programme ( ), to develop ten houses for sale as shared ownership housing in South Cave. In addition, the 2016 Strategic Housing and Market Assessment suggested that a proportion of all affordable housing developed on most market sites should be provided as intermediate housing (discounted market sale or shared ownership). As a registered provider of social housing, the Council can offer to purchase these units of accommodation alongside other social landlords by making an offer to buy them from the developer under a Section 106 Agreement. However the Council as a landlord was currently disadvantaged as it could only negotiate for the rented units of accommodation because it did not have a policy to provide shared ownership housing within the Housing Revenue Account (HRA). The report therefore sought approval to buy, build and manage shared ownership housing within the HRA. The report detailed the local context and set out in detail the Shared Ownership model for The Cabinet s information. Resolved - (a) That shared ownership housing within the HRA be approved, and (b) that a Shared Ownership Housing Policy be presented to The Cabinet for approval by January 2018.

6 5770 FORWARD PLAN OF KEY DECISIONS - AUGUST TO NOVEMBER The Interim Director of Corporate Resources submitted a report on the Forward Plan of Key Decisions. The Local Government Act 2000 required this to be a rolling four month plan which must be updated on a monthly basis. The previous Forward Plan of Key Decisions had been reviewed and updated and the revised Forward Plan had now been deposited in group offices and at public deposit points. A summary of the revisions made to the Plan since it was last approved was appended to the report for The Cabinet s information. Resolved - That the Forward Plan of Key Decisions for the period August to November 2017 as deposited in group offices and at public deposit points be approved EXCLUSION OF THE PRESS AND PUBLIC - Resolved - That the press and public be excluded from the meeting for consideration of Minutes 5772 to 5777 on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A of the Local Government Act In making its decision The Cabinet confirmed that having regard to all the circumstances it was satisfied that the public interest in maintaining the exemption outweighs the public interest in disclosing the information BRIDLINGTON LINKS GOLF COURSE - The Director of Planning and Economic Regeneration submitted a report outlining a request received from the Council s tenant, Bridlington Links Golf and Leisure Estates Limited, to purchase the freehold reversionary interest in the Bridlington Links Golf Course. The report set out the background to the request, the present situation, the tenant s proposals and the main issues that required consideration. Resolved - (a) That the Bridlington Links Golf Course as shown on drawing number CAB0198B be declared surplus to the requirements of the Council; (b) that the Council s freehold reversionary interest in the Bridlington Links Golf Course be sold to the tenant on terms to be approved by the Director of Planning and Economic Regeneration, and (c) that the revenue pressure within Leisure Services created by the sale be included within the Council's Financial Plan RENEWAL OF LICENCE, SUPPORT AND MAINTENANCE OF PENSIONS ADMINISTRATION SYSTEM FOR THE EAST RIDING PENSION FUND - The Interim Director of Corporate Resources submitted a report on the contract for the provision of a pensions administration system. The Council had, on behalf of the East Riding Pension Fund (ERPF), entered into a contract for the provision of the system which was due to expire on 31 May It was proposed that the Council renew the licences, support and maintenance for the system with the existing software supplier, on the basis that for technical reasons, only the original software supplier is able to provide this. Resolved - (a) That a partial exclusion from the Contract Procedure Rules be applied to the renewal of the contract for licenses, support and maintenance of the existing pensions administration system on the grounds that, for technical reasons, only the existing software supplier is able to provide the licences, support and maintenance for the existing pensions administration system, and

7 (b) that contract terms with the existing supplier for licences, support and maintenance of the existing pensions administration system be renewed prior to 30 September 2017, for a contract period of 30 September 2017 to 31 May 2022 with an option to extend for a further two years FRAMEWORK AGREEMENT NO HOT BEVERAGES - INGREDIENTS, EQUIPMENT AND MAINTENANCE - The Interim Director of Environment and Neighbourhood Services submitted a report requesting The Cabinet to consider the establishment of a framework agreement for the supply of hot beverages - ingredients, equipment and maintenance to East Riding of Yorkshire Council for the period 1 August 2017 to 31 July 2019, with the option to extend annually until 31 July Resolved - That the establishment of a framework agreement for the supply of hot beverages - ingredients, equipment and maintenance to East Riding of Yorkshire Council for the period 1 August 2017 to 31 July 2019, with the option to extend annually until 31 July 2021, be approved as set out in the report as now submitted CONTRACT NO CM108a TERM SERVICE CONTRACTS FOR ELECTRICAL TESTING, REPAIRS, MAINTENANCE AND INSTALLATION - The Interim Director of Environment and Neighbourhood Services submitted a report requesting The Cabinet to consider the acceptance of the most economically advantageous tender to specification for term service contracts to undertake planned cyclical and reactive electrical works together with electrical testing for a period of three years with options exercisable at the Council s sole discretion to extend by a further two years. Resolved - That the most economically advantageous tenders to specification for the term service contracts to undertake planned cyclical and reactive electrical works together with electrical testing for a period of three years with options to extend by a further two years be approved as detailed in the report as now submitted CONTRACT NO 2179/17 WINTER WEATHER BUREAU SERVICES AND WEATHER STATION UPGRADES AND MAINTENANCE - The Interim Director of Environment and Neighbourhood Services submitted a report requesting The Cabinet to consider the acceptance of the most economically advantageous tender to specification for the provision of winter weather bureau services and weather station upgrades and maintenance to East Riding of Yorkshire Council for the period 1 October 2017 to 30 September Resolved - That the most economically advantageous tender to specification for the provision of winter weather bureau services and weather station upgrades and maintenance to East Riding of Yorkshire Council for the period 1 October 2017 to 30 September 2021 be accepted as set out in the report as now submitted YORCIVIL2 CONTRACTORS FRAMEWORK AGREEMENT NORTH AND EAST AREA - The Interim Director of Environment and Neighbourhood Services submitted a report providing an assessment of tenders received for the YORcivil2 Contractors Framework Agreement North and East Area for the provision of contractors for construction related civil engineering works contracts. The Framework Agreement was to replace the successful YORcivil Contractors Framework Agreement that expired in August This would run for four years from award with an option exercisable at the Council s sole discretion to extend the framework by a further two years. Resolved - (a) That the contractors as detailed in Appendix A of the report as now submitted be appointed to the YORcivil 2 Contractors Framework Agreement North and East

8 Area to secure delivery, capacity for construction works, improved construction performance and deliver efficiencies in construction for the Council. (b) that in the event of any of the incidental issues being not satisfactorily resolved for individual suppliers, the Interim Director of Environment and Neighbourhood Services be authorised in consultation with the relevant Portfolio Holder to remove a supplier or replace that with another (in ranking order) to provide the same number of economic operators per lot, and (c) that the Interim Director of Environment and Neighbourhood Services be authorised to determine requests from permitted external organisations such as other local authorities, to access the YORcivil2 Contractors Framework Agreement North and East Area and set the level of fees and charges payable for such access.