Agenda and minutes

56/17  

In light of the Chairman having sent her apologies to this meeting, nominations were invited to serve as Vice-Chairman for the duration of this meeting.

         It was then:

RESOLVED

That Cllr T R Holway be appointed Vice-Chairman for the duration of this meeting.

to approve as a correct record and authorise the Chairman to sign the minutes of the meeting of the Council held on 14 December 2017

57/17             

The minutes of the meeting of the Council held on 14 December 2017 were confirmed as a correct record and signed by the Chairman, subject to it being recorded that Cllr R C Steer had submitted his apologies to that meeting.

Members are invited to declare any personal; or disclosable pecuniary interests, including the nature and extent of such interests they may have in any items to be considered at this meeting;

58/17 

Members and officers were invited to declare any interests in the items of business to be considered during the course of the meeting.  These were recorded as follows:-

Cllr J P Green declared a Disclosable Pecuniary Interest in Item 9: ‘2018/19 Budget Proposals’ (Minute 62/17 below refers) specifically in relation to the proposed fee for Acupuncture, Tattooing, Ear-piercing and Electrolysis by virtue of his wife being an acupuncturist.  In the event of this particular fee being debated, Cllr Green advised that he would then leave the meeting during the discussion and he abstained from the vote on part 16 of the recommendation.

to consider business (if any) brought forward by the Chairman;

59/17  

The Chairman did not have any announcements to make in accordance with this agenda item.

to consider the following question received in accordance with Council Procedure Rule 8.

(a)    From Cllr Baldry to Cllr Bastone, lead Executive Member for Customer First

At the end of last year, Liberal Democrats asked local authorities questions about empty homes in their area.  The only authorities in Devon not to reply to this FOI request were South Hams and West Devon.  This is information which would inform Members, Officers and the public.

Why did we not reply?

What is the answer to the Questions?

2(a) How many homes in South Hams have been empty for over 6 months?

2(b) How many have been empty for over 2 years?

2(c) How many homes were brought back into use during the latest 12 months for which we have figures?

2(d) Have we made use of the Empty Dwelling Management Orders (EDMO) which allow local authorities to take over properties that have been empty for at least two years?

60/17             

It was noted that one question had been received in accordance with Council Procedure Rule 8.  This question was as follows:-

From Cllr Baldry to Cllr Bastone, lead Executive Member for Development Management

(a)    At the end of last year, Liberal Democrats asked local authorities questions about empty homes in their area.  The only authorities in Devon not to reply to this FOI request were South Hams and West Devon.  This is information which would inform Members, Officers and the public.

1.          Why did we not reply?

2.           What is the answer to the Questions?

2(a)   How many homes in South Hams have been empty for over 6 months?

2(b)   How many have been empty for over 2 years?

2(c)   How many homes were brought back into use during the latest 12 months for which we have figures?

2(d)   Have we made use of the Empty Dwelling Management Orders (EDMO) which allow local authorities to take over properties that have been empty for at least two years?

In reply, Cllr Bastone informed that the Council had a requirement to respond to all Freedom Of Information (FOI) requests within 20 working days.  This FOI was received and allocated within Case Management.  However, due to other demands, the information required to respond to the FOI was not collated and the FOI failed to be responded to.  The Case Management Manager, Catherine Bowen, would be reviewing the process to ensure that an instance such as this did not happen again and the Member of staff reminded of the importance of dealing with FOI’s in a timely fashion.

With regard to Question 2, Cllr Bastone replied that:

2(a)    As of October 2017, there were 254 properties defined as empty         for a period of over 6 months (37 of these were receiving a         discount as they were considered uninhabitable for Council Tax           purposes.

2(b)    According to the Council Tax Government Return completed in October 2014 there were 62 properties shown as empty for over two years;

2(c)     The Council had investigated a total of 51 properties on the Council Tax empty list.  This list was generated in June 2017:

-           14 were now occupied;

-           6 confirmed as being 2^nd homes;

-           4 were in the process of being sold;

-           7 either had planning issues or were going through planning;

-           1 had been demolished;

-           5 were going through refurbishment;

-           10 had been risk assessed and were currently being considered for further action; and

-           3 were being brought back into use: one using a Wessex Loan; one through a third party auction; and one through further engagement.

2(d)    Cllr Bastone informed that the Council had not used the EDMO approach to date.  However, this would be considered as part of the options appraisal for the 10 empty homes above.  

In light of the great housing need in the South Hams, coupled with 254 properties being defined as ‘empty’, Cllr Baldry asked a supplementary question as to whether it was  ...  view the full minutes text for item 60/17

to consider the following motions received (if any) in accordance with Council Procedure Rule 10.1

(a)    By Cllrs Pearce and Bastone

‘This Council notes that the fishing industry is a dangerous industry to work in with several lives lost across the UK each year. Such a tragic loss of life has a far reaching impact upon the fisherman’s family, friends and community. Personal Flotation Devices and Personal Locator Beacons would greatly improve the chances of the fisherman being rescued. Unfortunately not all fishermen can afford this equipment.

Therefore this Council requests the Group Manager – Commercial Services to make an application to the Marine Management Organisation for funding through the European Maritime and Fisheries Fund to fully fund the purchase of Personal Flotation Devices equipped with Personal Locator Beacons and to develop a delivery scheme in partnership with the local fishing industry. This would ensure that those local fishermen who would struggle financially to buy one of these potentially lifesaving pieces of equipment can be provided to them at no cost.

This Council also requests the Head of Paid Service to write to the Local Government Association to request they encourage all other councils with fishing communities to follow suit and support the fishing industry nationally.’

(b)    By Cllrs Smerdon and Foss

‘This Council is extremely concerned that the continual closure of local high street banks and village post offices is causing hardship to sections of our rural communities and small businesses, we will ask the LGA to press the government to address this matter with urgency.’

(c)    By Cllr Hawkins and Pringle

‘South Hams District Council encourages moves to reduce the use of single use plastics in the District and will lead by example and commit to finding ways to prevent the need for single use plastic items at all of its premises.’

(d)    By Cllrs Green and Hodgson

‘In all instances where a planning application is submitted following pre-application advice having been given by SHDC, this pre-application advice will be published on the Council’s “Search for a Planning Application” facility during the consultation period prior to determination.’

(e)    By Cllrs Hodgson and Green

‘SHDC has concerns over the rising number of people living illegally on the roadside in caravans, campervans and commercial vehicles in the District.  As a matter of urgency, a strategy will be developed to determine how best to provide properly serviced pitches to accommodate these residents and land will be sought in order to secure suitable sites. Those that are on low incomes who do not identify as traditional gypsies and travellers will be recognised as a new group of residents who also need a safe pitch for their vehicles.’

61/17           

It was noted that five motions had been received in accordance with Council Procedure Rule 10.1.

(a)    By Cllrs Pearce and Bastone

‘This Council notes that the fishing industry is a dangerous industry to work in with several lives lost across the UK each year. Such a tragic loss of life has a far reaching impact upon the fisherman’s family, friends and community. Personal Flotation Devices and Personal Locator Beacons would greatly improve the chances of the fisherman being rescued. Unfortunately not all fishermen can afford this equipment.

Therefore this Council requests the Group Manager – Commercial Services to make an application to the Marine Management Organisation for funding through the European Maritime and Fisheries Fund to fully fund the purchase of Personal Flotation Devices equipped with Personal Locator Beacons and to develop a delivery scheme in partnership with the local fishing industry. This would ensure that those local fishermen who would struggle financially to buy one of these potentially lifesaving pieces of equipment can be provided to them at no cost.

This Council also requests the Head of Paid Service to write to the Local Government Association to request they encourage all other councils with fishing communities to follow suit and support the fishing industry nationally.’

In introducing the motion, the proposer made reference to:-

-         her amazement that, whilst you were required to wear a seat belt in modes of transport including a car and an aeroplane, there was no similar obligation to wear a Personal Flotation Device on a boat;

-         these Devices being very comfortable to wear.  In acknowledging that fishermen could not be forced to wear these Devices, she was confident that the overwhelming majority would choose to;

-         funding for the Devices.  Whilst the Marine Management Organisation would not fully funded these Devices, the Boards of both Salcombe and Dart Harbour had agreed in principle to fund the shortfall (estimated as being 15-20% of the total purchase price).

During the ensuing debate, the following points were raised:-

(i)      A Member highlighted that fishermen had been fully involved in the development of these Devices;

(ii)     Some Members emphasised the risky nature of the fishing industry and stressed that the lives of fishermen could be saved by them wearing these Devices;

(iii)    In total support of the motion, some Members felt that the roll out of these Devices should be extended to include the wider maritime industry and specifically those staff members who operated the Dartmouth Lower Ferry.

It was then:

RESOLVED

This Council notes that the fishing industry is a dangerous industry to work in with several lives lost across the UK each year. Such a tragic loss of life has a far reaching impact upon the fisherman’s family, friends and community. Personal Flotation Devices and Personal Locator Beacons would greatly improve the chances of the fisherman being rescued. Unfortunately not all fishermen can afford this equipment.

Therefore this Council requests the Group Manager – Commercial Services to make an application to the Marine  ...  view the full minutes text for item 61/17

62/17           

The Council considered a report that provided an update of the overall financial position and detailed the formal proposals of the Executive to achieve a balanced Budget.

In his introduction, the Leader of Council particularly highlighted that:

-         the Council would not be in receipt of any Revenue Support Grant in 2018/19 and would also see a reduction of up to 50% in its New Homes Bonus.  As a consequence, he was particularly keen on the Council investigating potential new income streams;

-         new employment units had recently been constructed in Dartmouth and Totnes;

-         he had recently attended the annual conference of the District Council Network.  Following this conference, the Leader was convinced that the time had come for the Council to start to build housing.  It was therefore his intention to ask officers to work up a report that presented an in-depth review into the merits of building Council housing;

-         there was a need to look at the provision of public conveniences in a more sustainable way;

-         the additional Business Rates funding.  The Leader reminded the Council that the amount of additional funding received was reliant upon continued business growth in Devon; and

-         it was his belief that the Council maintained strong financial management.

Upon the conclusion of the introduction, the Chairman invited questions from Members, during which the following issues were raised:-

-         A Member sought clarification around the recommendations to transfer monies into Reserves with the purposes of ‘creating local jobs and better supporting the local economy’ and ‘towards economic regeneration projects’.  In reply, the Leader informed that items would be brought forward over the next twelve months and all Members were therefore urged to closely monitor the Executive Forward Plan;

-         With regard to recent correspondence relating to the proposal to impose a ‘pay on entry’ charge at the Steamer Quay, Totnes, the Leader confirmed that further work was required.  As part of this further work, assurances were given that consultation would be undertaken with relevant tenants, stakeholders and local Ward Members;

In accordance with Budget and Policy Framework Procedure Rule 7(j), an amended Budget had been received and was PROPOSED and SECONDED as follows:

       ‘It is RECOMMENDED to Council that:-

1.       internal borrowings up to £3 million be used to fund the leisure investment saving £55,000;

2.       £1.5 million be invested long-term in the CCLA, upfront costs to be covered by the £103,000 underspend in the 2017/18 Budget, generating £65,000 income from 2019/20;

3.       the Senior Leadership Team be reorganised (thereby saving £70,000);

4.       funding to the LEP be ceased (thereby saving £5,000);

5.       car parking charges in our market towns be reduced by 10% costing £175,000, with a target to reduce charges by 50% by 2022/23.  £45,000 shortfall to be covered from the Economic Regeneration Projects reserve for 2018/19;

6.       the closure of public toilets be stopped (costing £90,000 from 2019/20 and £180,000 from 2020/21);

7.       the Community Investment Fund of £150,000 be reinstated and funded by using  ...  view the full minutes text for item 62/17

63/17  

A report was considered that proposed that the Council adopted the draft 2018/19 Pay Policy Statement and the draft Pay and Reward Strategy.

During discussion, reference was made to:-

(a)  an amendment to the Pay Policy Statement.  By way of an update, Members were informed that there was an error within the 2018/19 Pay Policy Statement.  As a consequence, the proposer and seconder amended their motion to read as follows:

‘That the 2018/19 Pay Policy Statement (as attached at Appendix A of the presented agenda report) be adopted, subject to the salary per annum for the Interim Group Manager for Strategic Finance and Section 151 Officer being amended to read £64,226’;

(b)  the Returning Officer role.  In reply to a question, officers confirmed that the additional monies that were paid to the Returning Officer were funded directly from Central Government and not from the Council.

It was then:

RESOLVED

1.    That the 2018/19 Pay Policy Statement (as attached at Appendix A of the presented agenda report) be adopted, subject to the salary per annum for the Interim Group Manager for Strategic Finance and Section 151 Officer being amended to read £64,226; and

2.    That the 2018/19 Pay and Reward Strategy (as attached at Appendix B of the presented agenda report) be adopted.

64/17  POLITICAL STRUCTURES WORKING GROUP REVIEW

A report was considered that presented the findings of the Political Structures Working Group meeting that had been held on 25 January 2018 to discuss the following matters:-

-         Live Streaming of Council and Formal Committee Meetings;

-         Provision for Public Questions at full Council meetings;

-         Electronic Voting in meetings; and

-         Scheduling formal meetings during the month of August.

In discussion, it was confirmed that the intention of the Group proposal to live stream formal meetings initially to an internal audience only was to ensure that any technological issues could be identified, tested and resolved before any formal roll-out was then implemented.

It was then:

RESOLVED

1.      That meetings of the Council and formal Committee meetings held at Follaton House be live streamed to an internal audience only initially for a three month trial period;

1a   That, following this trial, the Political Structures Working Group be given authority to gauge its success and to then determine whether or not Council and formal Committee meetings held at Follaton House should be permanently live streamed;

2.      That it be noted that the provision for both Public Questions to be asked at full Council meetings and electronic voting solutions be deferred to a future Political Structures Working Group for further consideration; and

3.      That, unless in exceptional circumstances, no formal Member meetings be held during the month of August.

65/17 

A report was considered that presented the detailed legal work and negotiations on the proposal to transfer a number of assets to Dartmouth Town Council.

Following a brief discussion in relation to the process to be administered, it was then:

RESOLVED

1.       That, pursuant to s.280 of the Charities Act 2011, approval be given to the transfer of the administration of the two Charitable Trusts at Castle Woodland and Warfleet, Dartmouth to Dartmouth Town Council, in conjunction with the proposed transfer of other Assets, as resolved by the Executive on 2 February 2017 (Minute E.64/16 refers); and

2.       That authority be delegated to the Community Of Practice Lead for Assets; in consultation with the Section 151 Officer; Head of Paid Service; Community Of Practice Lead for Legal; and Leader of the Council to conclude the detailed negotiations.

66/17 

A report was considered that sought approval of the Council to appoint the Group Manager – Customer First and Support Services (Steve Mullineaux) as the Deputy Electoral Registration Officer for the Council.

It was then:

RESOLVED

That, with immediate effect, the Group Manager – Customer First and Support Services (Steve Mullineaux) be appointed as the Deputy Electoral Registration Officer for South Hams District Council.

to consider the following resolution to exclude the public and press:-

“That in accordance with Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting during consideration of the following items of business in order to avoid the likely disclosure to them of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A to the Act”;         

67/17 

             It was then:

RESOLVED

That in accordance with Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting during consideration of the following item of business as the likely disclosure of exempt information as defined in paragraph 3 of Schedule 12A to the Act is involved.

68/17 

An exempt report was considered that sought Council approval of a request from Salcombe Harbour Authority to borrow monies from the Repairs and Maintenance Earmarked Reserve.

It was then:

RESOLVED

1.       That approval be given to borrowing from the Repairs and Maintenance Earmarked Reserve by the Salcombe Harbour Authority on the terms as outlined in the presented agenda report;

2.       That the contract for pontoon purchase be awarded to the successful tenderer as identified in the evaluation process (as outlined in Appendix A of the presented agenda report); and

3.       That pontoon purchases be phased following detailed consideration by the Harbour Board of intended locations and dependent upon legal permissions having been secured.

69/17 

It was then:

RESOLVED

That the public and press be re-admitted to the meeting.

* Indicates minutes containing recommendations to Council.

70/17  

RESOLVED

That the minutes and recommendations of the undermentioned bodies be received and approved subject to any amendments listed below:-

(a) Development Management Committee10 January 2018

(b) Licensing Committee   11 January 2018

L.16/17: Review of Proposed Licensing Charges in Relation to Taxi Licensing

RESOLVED

That the proposed fees be adopted with effect from 1 April 2018, subject to the outcome of the public consultation.

(c) Joint Overview and Scrutiny Panel and Development Management Committee          18 January 2018

(d) Overview and Scrutiny Panel  18 January 2018

(e) Audit Committee         25 January 2018

(f) Executive         1 February 2018

E.61/17: Quarter 3 Revenue Budget Monitoring 2017/18

RESOLVED

1.       That the income surplus (of up to £20,000) be transferred into a Support Services Trading Opportunities Earmarked Reserve at the end of the 2017/18 Financial Year.  This is expected to be £20,000 and was generated by Human Resources and Finance in providing support to other Councils on their Transformation Programmes;

2.       That the underspend on the Leisure Budget (of up to £87,000) be transferred into a Leisure Earmarked Reserve at the end of the 2017/18 Financial Year; and

3.       That £50,000 of the additional planning income be transferred into the Planning Policy & Major Developments Earmarked Reserve at the end of the 2017/18 Financial Year. 

E.62/17: Capital Programme Monitoring

RESOLVED

That £145,000 of the Capital Programme Contingency Budget of £300,000 be approved to be allocated to the capital projects as set out in exempt Appendix B of the agenda report presented to the Executive meeting.

E.67/17: Air Quality Strategy

RESOLVED

1.      That a public and statutory consultation exercise be commenced on the proposed Air Quality Strategy (as outlined at Appendix 1 of the report presented to the Executive meeting); and

2.      That authority be delegated to the Senior Specialist Environmental Health, in consultation with the Leader of Council, to make minor amendments to the document prior to its publication.