Agenda and minutes

*HC 16          

Apologies for absence were received from Cllrs Oxborough, Sampson and Samuel.

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.

            If Councillors have any questions relating to predetermination, bias or interests in items on this Agenda, then please contact the Monitoring Officer in advance of the meeting.

*HC 17          

Members were invited to declare any interests in the items of business to be discussed but none were made.

Minutes of meeting held 18 July 2017

*HC18         

The Minutes of the Hub Committee meeting held on 18 July 2017 were confirmed and signed by the Chairman as a correct record.

*HC19         

In setting the scene for his update, Cllr Moody informed that, as the lead Member for Health and Wellbeing, his scope of duties included:

-        Housing;

-        Disabled Facilities Grants;

-        Homelessness;

-        Benefits;

-        Council Tax; and

-        Environmental Health and Licensing.

In his presentation, Cllr Moody made particular reference to:-

(a)    the emphasis on Channel Shift.  In highlighting the increased trend in online transactions, Cllr Moody confirmed that he would continue to promote channel shift opportunities and urged his fellow Members to do likewise;

(b)    future challenges and opportunities facing his portfolio area.  Looking ahead, Cllr Moody highlighted the following specific challenges and opportunities:-

o  Impact of the roll-out of Universal Credit;

o  Impact of the Homelessness Reduction Act;

o  Changes to the Licensing charging regime;

o  Ability to charge for providing technical advice;

o  Building upon the successes of the Social Prescribing pilot study whilst realising that the initial grant funding was no longer available;

o  Having sufficient resources in order to manage the risk to public health and wellbeing by a combination of proactive and reactive measures;

o  Continuing to develop and roll-out the adopted Health and Wellbeing Strategy; and

o  The need to maintain an effective regulatory, partnership and preventative agenda in spite of the immediate financial challenge.

(c)    attendance at stakeholder meetings.  Members were informed that it was the intention of Cllr Moody to attend (and represent the Council) at a number of relevant multi-disciplinary stakeholder meetings;

In conclusion, Members thanked Cllr Moody for his informative presentation and, in light of the amount of information that was divulged, requested that his supporting notes be circulated to the wider membership.  Furthermore, to raise the profile of the Health and Wellbeing portfolio, it was requested that the Members’ Bulletin be used to regularly promote relevant information (e.g. homelessness trends, Universal Credit progress updates; and updates on the Social Prescribing agenda).

HC20           

Members were presented with a report that recommended that, as soon as the legislation was amended to allow for such an increase, the Council increase its planning fees by 20%. 

The report also recommended that an appraisal be undertaken of resource and performance levels across the wider planning function to ascertain the best use of the additional resource.

The Lead Member for Customer First introduced the report and, in discussion, it was stressed that the wider planning function also included Planning Enforcement and Strategic Planning.  As a consequence, a Member emphasised that these areas must equally be considered during the proposed appraisal of resources and performance levels.  Indeed, such was the strength of feeling that an addition to the recommendation was PROPOSED and SECONDED whereby the lead Hub Committee Members for Customer First and Strategic Planning should also be part of the consultation process into the proposed appraisal.  When put to the vote, this addition was declared CARRIED.

The Member of the Performance Measures Joint Task and Finish Group, who had been designated responsibility for reviewing the planning related indicators, also took the opportunity to advise that this review had now commenced.

It was then RESOLVED that Council be RECOMMMENDED that:

1.      Planning fees be increased by 20% once primary legislation was confirmed; and

2.      An appraisal be undertaken of resource and performance levels across the wider planning function to ascertain the best use of the additional resource, to be approved by the Head of Paid Service in consultation with the Section 151 officer, the Leader of Council and the Lead Hub Committee Members for Customer First and Strategic Planning.

HC21           

Members were presented with a report that recommended to Council the adoption of a revised joint Street Naming and Numbering Policy.

The Lead Member for Customer First introduced the report and it was confirmed that those charges related to Street Naming and Numbering would be revisited as part of the annual overall fees and charges review.

ItwasthenRESOLVED that Council be RECOMMENDED to adopt the revised joint Street Naming and Numbering Policy (as outlined at Appendix A of the presented agenda report).

HC22           

Members were presented with a report that requested that the amended Overview and Scrutiny Committee Terms of Reference and Procedure Rules (as outlined in presented Appendices A and B respectively) be recommended to Council for approval.

In discussion, the following points were raised:-

(a)       It was confirmed that reference to individual officer names would be removed from the documents prior to their final publication;

(b)       In support of the amended documents, Members acknowledged that their previous concerns had now been addressed.

It was then RESOLVED that Council be RECOMMMENDED that the amended Overview and Scrutiny Committee Terms of Reference and Procedure Rules (as outlined at presented Appendices A and B respectively) be approved.

*HC23         

Members were presented with a report that set out a review of the Local Authority Controlled Company Project and closure of that project.

The Leader introduced the report and, with no questions or issues raised, it was then RESOLVED that the Local Authority Controlled Company project closure report be noted.

PART TWO     ITEMS WHICH MAY BE TAKEN IN THE ABSENCE OF THE PUBLIC AND PRESS ON THE GROUNDS THAT EXEMPT INFORMATION IS LIKELY TO BE DISCLOSED (if any)

If any, the Committee is recommended to pass the following resolution:

“RESOLVED that under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the Meeting on the grounds that exempt information may be disclosed as defined in the paragraphs given in Schedule 12A to the Act.”

HC24         

Members were presented with a detailed report that recommended to Council to apply to become a business rates pilot for 2018-19, as part of a Devonwide business rates pilot bid, to pioneer new pooling and tier-split models. 

The Leader introduced the report and he and the Section 151 Officer responded to specific questions.  In so doing, the Hub Committee was informed that the local authorities based in Somerset had not been approached to be part of this pilot bid.

It was then RESOLVED that Council be RECOMMENDED to:

1.      apply to become a business rates pilot for 2018-19, as part of a Devonwide business rates pilot bid, to pioneer new pooling and tier-split models; and

2.      delegate to the Section 151 Officer, in consultation with the Leader, Deputy Leader and Head of Paid Service, to agree the detail of the business rates pilot bid (in conjunction with Devon Local Authority Section 151 Officer colleagues) with respect to the financial aspects and overall governance of the pilot bid.

HC25           

(Paragraph 3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information))

Members were presented with an exempt report that set out a number of options relating to the procurement and commissioning of front line services.

With regard to the draft project governance, it was felt that the current wording could be misinterpreted to suggest that the Project Board had significant decision-making powers.  As a consequence, Members requested that a minor amendment be made to the draft Memorandum of Understanding to ensure that it was clear that significant decisions related to the project would be reported to meetings of the Hub Committee and/or full Council for ultimate approval. 

It was then RESOLVED that Council be RECOMMMENDED that:

1.      Waste collection, recycling and cleansing services are tested using the competitive dialogue procurement route to achieve a partnership solution in accordance with the Collaboration Agreement dated 2015;

2.      The lead authority for the procurement in Recommendation 1 is West Devon Borough Council for the reasons outlined in paragraph 2.6 of the presented agenda report and in accordance with the Collaboration Agreement 2015;

3.      West Devon Borough Council does not proceed with a wholly owned company bid for waste collection, recycling and cleansing services;

4.      The Memorandum of Understanding and project board remit attached at Appendix D be approved, subject to a minor amendment being included to emphasis that significant decisions related to the project would be reported to meetings of the Hub Committee and/or full Council for ultimate approval;

5.      The two councils continue to explore the establishment of a wholly owned company or joint venture arrangement for the delivery of grounds maintenance, building and facilities maintenance and other related services considered in the scope of the work stream; and

6.      The Waste Options Earmarked Reserve in West Devon is used to meet any additional costs of procurement over and above those available within the base budget, with a payback mechanism being agreed once annual service costs are identified.

*HC26          

(Paragraph 3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information))

Members were presented with an exempt report that updated them on progress made in the procurement process for the fleet of waste and cleansing vehicles.

With no issues or questions raised, it was then RESOLVED that progress made to date on the procurement of waste and cleansing vehicles for the West Devon managed service be noted.

*HC27          

(Paragraph 3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information))

Members were presented with an exempt report that sought approval to conclude detailed negotiations of a long lease for a term in excess of 15 years.

In debate, some concern was expressed over the potential implications on the ability to re-instate the railway line in the future and it was felt that further consideration and assurances were required in this respect.

As a consequence, it was then RESOLVED that this matter be deferred to a future meeting for further consideration.

HC28           

(Paragraph 3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information))

Members were presented with an exempt report that sought approval of a proposal to purchase land.

The Lead Hub Committee Member introduced the report and responded to some specific questions.

During the ensuing debate, some Members queried whether partaking in the discussion and vote on this matter would result in them being potentially accused of having pre-determined any planning application that was then presented to the Development Management and Licensing Committee.  In response, the Monitoring Officer advised those Members who served on both Committees that they were in essence different roles and they could therefore partake in the debate and vote at meetings of both Committees.

Following this advice, it was then RESOLVED that:

1.      The COP Lead Assets be authorised in consultation with the Section 151 Officer and Lead Member for Assets to proceed to undertake due diligence and conclude the purchase of three parcels of land (as indicated on the presented plan); and

2.      Council be RECOMMENDED to fund the purchase price set out in section 1.1 of the presented agenda report, along with legal and associated costs, from the Innovation Fund (Invest to Earn) Earmarked Reserve.