Agenda and minutes

CM 40                                                                

Apologies for absence were received from Cllrs R Cheadle, B Stephens and L Watts

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 Summons, then please contact the Monitoring Officer in advance of the meeting.

CM 41                                                                

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

Cllr N Jory declared a Disclosable Pecuniary Interest in Item 10(v): ‘Minutes of Committees’ (Minute CM 46(e) below refers) and specifically unstarred minute HC 40 (Economy Working Group Recommendations) by virtue of his involvement with the Business Information Point and left the meeting room during consideration of this unstarred minute;

Cllr R E Baldwin declared a personal interest in Item 8(a): ‘Notice of Motion’ (Minute CM 45(a) below refers) and remained in the meeting and took part in the debate and vote on this agenda item.

To approve and adopt as a correct 4 October 2016.

CM 42

It was moved by Cllr P R Sanders, seconded by Cllr R E Baldwin and upon the motion being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Council agree the Minutes of the Meeting held on 4 October 2016 as a true record.”                                        

CM 43                                                                

The Mayor made reference to:

-        his Christmas Tea.  The Mayor reminded the Council that his Christmas Tea was taking place upon the rising of this meeting and all Members were welcome to attend;

-       a number of events that he had recently attended.  The Mayor advised that he had attended a number of excellent events recently.  In particularly, the Mayor wished to highlight the following events:

o  the Handel’s Messiah Concert at Exeter Cathedral;

o  the Edwardian Night in Okehampton;

o  the Tavonians Theatre Company production of the Railway Children; and

o  the formal launch of the Street Pastors initiative in Okehampton.

Report of KPMG (NB. this report was also considered by the Audit Committee at its meeting on 27 September 2016 (agenda item 5 refers)

CM 44                                                                

Members considered a report that had been produced by KPMG (the Council’s External Auditors) that summarised the key findings arising from their audit work.

At this point, the Mayor invited Mr Darren Gilbert (KPMG Partner) to introduce the report.  In so doing, Mr Gilbert advised that the report was particularly positive and KPMG had been content with both the final accounts and the value for money conclusions.

In the ensuing debate, the following points were raised:

(a)    The Chairman of the Audit Committee stated that the report had already been considered by the Audit Committee at its meeting on 27 September 2016 (Minute *AC 15 refers).  Such was the positive nature of this report, that the Committee had concluded that it would be beneficial to share it with the wider membership;

(b)  A number of Members welcomed the report and wished to extend their thanks to the Section 151 Officer and her finance colleagues for all of their hard work.

It was then moved by Cllr M Davies and seconded by Cllr C R Musgrave and upon being submitted to the Meeting declared to be CARRIED and “RESOLVED that the report be noted and the Section 151 Officer and her finance colleagues be thanked for all their hard work.”

(a)   Motion received from Cllr P R Sanders:

"The Council calls upon the Government to make fair transitional state pension arrangements for all women born on or after 6th April 1951, who have unfairly borne the burden of the increase to the State Pension Age (SPA) with lack of appropriate notification.

 Hundreds of thousands of women had significant pension changes imposed on them by the Pensions Acts of 1995 and 2011 with little/no/personal notification of the changes. Some women had only two years notice of a six-year increase to their state pension age.

 Many women born in the 1950's are living in hardship. Retirement plans have been shattered with devastating consequences. Many of these women are already out of the labour market, caring for elderly relatives, providing childcare for grandchildren, or suffer discrimination in the workplace so struggle to find employment. Women born in this decade are suffering financially. These women have worked hard, raised families and paid their tax and national insurance with the expectation that they would be financially secure when reaching 60. It is not the pension age itself that is in dispute - it is widely accepted that women and men should retire at the same time. The issue is that the rise in the women's state pension age has been too rapid and has happened without sufficient notice being given to the women affected, leaving women with no time to make alternative arrangements.

The Council calls upon the Government to reconsider transitional arrangements for women born on or after 6th April 1951, so that women do not live in hardship due to pension changes they were not told about until it was too late to make alternative arrangements.”

CM 45                                                                                                                                                

It was moved by Cllr P R Sanders and seconded by Cllr D K A Sellis that:

"The Council calls upon the Government to make fair transitional state pension arrangements for all women born on or after 6th April 1951, who have unfairly borne the burden of the increase to the State Pension Age (SPA) with lack of appropriate notification.

 Hundreds of thousands of women had significant pension changes imposed on them by the Pensions Acts of 1995 and 2011 with little/no/personal notification of the changes. Some women had only two years notice of a six-year increase to their state pension age.

 Many women born in the 1950's are living in hardship. Retirement plans have been shattered with devastating consequences. Many of these women are already out of the labour market, caring for elderly relatives, providing childcare for grandchildren, or suffer discrimination in the workplace so struggle to find employment. Women born in this decade are suffering financially. These women have worked hard, raised families and paid their tax and national insurance with the expectation that they would be financially secure when reaching 60. It is not the pension age itself that is in dispute - it is widely accepted that women and men should retire at the same time. The issue is that the rise in the women's state pension age has been too rapid and has happened without sufficient notice being given to the women affected, leaving women with no time to make alternative arrangements.

The Council calls upon the Government to reconsider transitional arrangements for women born on or after 6th April 1951, so that women do not live in hardship due to pension changes they were not told about until it was too late to make alternative arrangements.”

In introducing the motion, the proposer highlighted that:

-        the motion raised an important issue that affected a large number of residents living in West Devon;

-        the rules had been changed at the eleventh hour, which he felt to be particularly unfair;

-        similar motions had already received the unanimous support of a number of other local authorities in Devon.

In the ensuing debate, widespread support was expressed for the motion and, upon being put to the vote, the motion was then declared CARRIED.

To receive the Minutes of the following Committees, to note the delegated decisions and to consider the adoption of those Unstarred Minutes which require approval:

            (i)         Overview and Scrutiny (Internal) Committee

                        Meeting held on 6 September 2016                                                  

                        Meeting held on 8 November 2016   

            (ii)        Overview and Scrutiny (External) Committee

                        Meeting held on 26 September 2016                                                

                        Meeting held on 11 October 2016                                                                 

(iii)       Audit Committee

            Meeting held on 27 September 2016                                                

(iv)       Planning and Licensing Committee

                        Meeting held on 18 October 2016                                                                

                        Meeting held on 15 November 2016                                                 

                        P&L 38 To Consider Changes to the Constitution of the Council in Relation to the Delegation of Powers for Determination of Certain Licensing Functions

            RESOLVED to RECOMMEND:

That Council be RECOMMENDED to adopt the amendments proposed to the Constitution in relation to the delegation of powers for the determination of licensing decisions, as attached at Appendix A to the published minutes.

P&L 39 Approval of Policy in Relation to the Licensing of Taxi Drivers          

RESOLVED to RECOMMEND:

That Council be RECOMMENDED to adopt the Taxi Driver Licensing Policy at the meeting on 6 December 2016 to take affect from 1 January 2017.

(v)        Hub Committee

            Meeting held on 1 November 2016                                                   

            Unstarred Minute to agree

            Members are recommended to agree:

            HC 29 Annual Review of Health and Safety

RESOLVED to RECOMMEND:

                                i.          to adopt the revised policy and that it be signed by the Head of Paid Service and the Leader of Council; and

                               ii.          that authority to approve the final version be delegated to the Head of Paid Service in consultation with the Leader of Council.

HC 31 Reports of Other Bodies: Overview and Scrutiny (Internal) Committee: 19 July 2016

O&S(I) 18 Member Development Steering Group – Progress Update and Induction Review

RESOLVED to RECOMMEND to:-

1.      approve the future Member Induction Programme (as attached at Appendix A of the agenda report presented to the Overview and Scrutiny (Internal) Committee), subject to delegated authority being granted to the Senior Specialist – Democratic Services, in consultation with the Member Development Steering Group and Group Leaders, to make any necessary minor amendments;

2.      approve the principle of a Member Learning and Development Plan, with responsibility for its content and monitoring being delegated to the Senior Specialist – Democratic Services, in consultation with the Member Development Steering Group; and

3.      support the pursuing of the South West Charter Status for Member Development accreditation.

HC 31 Reports of Other Bodies: Overview and Scrutiny (External) Committee: 2 August 2016

O&S(E) 18 Task and Finish Groups

(a)  Partnership Review

RESOLVED to RECOMMENDED that:

1.  the Partnership Policy (as outlined at Appendix 1 of the presented agenda report) and Guidance (as outlined at Appendix 2 of the presented agenda report) be adopted;

2.   the Partnership Register (as outlined at Appendix 3 of the presented agenda report) be adopted;

3.   the review and recommendations of the Task and Finish Group (as outlined at Appendix 4 of the presented agenda report) be  ...  view the full agenda text for item CM 46

CM 46

a.         Overview and Scrutiny (Internal) Committee – 6 September 2016 and 8 November 2016

It was moved by Cllr C R Musgrave, seconded by Cllr J Yelland and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Minutes of the 6 September 2016 and 8 November 2016 meetings be received and noted”.

b.         Overview and Scrutiny (External) Committee – 26 September 2016 and 11 October 2016

It was moved by Cllr D K A Sellis, seconded by Cllr N Jory and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Minutes of the 26 September 2016 and 11 October 2016 meetings be received and noted”.

c.         Audit Committee – 27 September 2016

It was moved by Cllr M Davies, seconded by Cllr N Jory and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Minutes of the 27 September 2016 meeting be received and noted”.

d.         Planning and Licensing Committee – 18 October 2016 and 15 November 2016

It was moved by Cllr P R Sanders, seconded by Cllr G Parker and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Minutes of the 18 October 2016 and 15 November 2016 meetings be received and noted, with the exception of Unstarred Minutes P&L 38 and P&L 39”.

In respect of the Unstarred Minutes:

i.              P&L 38 To Consider Changes to the Constitution of the Council in relation to the Delegation of Powers for Determination of Certain Licensing Functions

It was moved by Cllr P R Sanders, seconded by Cllr G Parker and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the amendments proposed to the Constitution in relation to the delegation of powers for the determination of licensing decisions be adopted, as attached at Appendix A to the published Committee meeting minutes.”

ii.             P&L 39 Approval of Policy in Relation to the Licensing of Taxi Drivers

It was moved by Cllr P R Sanders, seconded by Cllr G Parker and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Taxi Driver Licensing Policy be adopted to take effect from 1 January 2017.”

e.         Hub Committee – 1 November 2016 and 29 November 2016

It was moved by Cllr P R Sanders, seconded by Cllr R E Baldwin and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Minutes of the 1 November 2016 and 29 November 2016 meetings be received and noted, with the exception of Unstarred Minutes HC 29, HC 31, HC 32, HC 36, HC 38 and HC 40”.

In respect of the Unstarred Minutes:

i.HC 29 Annual Review of Health and Safety

It was moved by Cllr P R Sanders, seconded by Cllr R E Baldwin and upon being submitted to the Meeting was declared  ...  view the full minutes text for item CM 46

Report of the Senior Specialist – Democratic Services

CM 47

                        A report was considered that presented some suggested revisions to the Scheme of Members Allowances.

To instigate the debate on the recommendation, it was moved by Cllr P R Sanders and seconded by Cllr R E Baldwin that:

‘the recommendations of the Independent Panel on Members’ Allowances (as outlined at paragraph 3 of the presented agenda report) be agreed and that the revised draft Scheme of Members’ Allowances (as shown at Appendix A of the presented agenda report) be adopted with immediate effect, with any consequent increases in Allowances being backdated to 1 May 2016.’

In discussion, reference was made to:-

(i)     the cost implications and the public perception.  A number of Members felt that, the proposed increase in the Special Responsibility Allowance that Hub Committee Members would be entitled to claim, would convey the wrong message to the public and the cost implications would be difficult to justify in the current climate;

(ii)    the Basic Allowance.  Some Members lamented the fact that the Basic Allowance was the lowest in the county and were disappointed that the Panel had not recommended an increase that would benefit all Members and not just those who served on the Hub Committee.  In response, other Members advised that there was the opportunity for any Member to either attend the Panel meeting or make their representations before the meeting had been held on all aspects of the Scheme.  Whilst having this opportunity, there had been no representations made to the Panel requesting an increase in the Basic Allowance.  In light of this lack of representations, the Panel had not received any convincing arguments to recommend an increase in the Basic Allowance;

(iii)   support for the recommended increase.  In contrast to earlier comments, other Members were supportive of the Panel recommendations and, when considering the levels of responsibility being undertaken by Hub Committee Members, were of the view that the recommended increase was a more accurate reflection of the role;

(iv)  the previous recommendations of the Panel.  Having previously overlooked the recommendations of the Panel, the comment was made that the Council would be ill-advised to do so again;

(v)   comparisons with the role of Chairmen of the Overview and Scrutiny and Audit Committees.  In making its recommendations, the Panel had drawn direct comparisons between these roles and the role of a Hub Committee Member.  As a consequence, Members were asked to consider, in reaching a decision, whether or not Hub Committee Members were being treated fairly.

In accordance with Council Procedure Rule 19(5), a recorded vote was then called for on the motion and was subsequently recorded as follows:-

For the motion (14): Cllrs Baldwin, Benson, Davies, Evans, Hockridge, Jory, Kimber, McInnes, Oxborough, Parker, Sampson, Samuel, Sanders and Sellis;

Against the motion (9):Cllrs Ball, Cann OBE, Cloke, Leech, Moyse, Musgrave, Pearce, Roberts and Sheldon;

Abstentions (3): Cllrs Edmonds, Moody and Yelland;                                                                                   

Absent (5): Cllrs Cheadle, Mott, Ridgers, Stephens and Watts.

and the motion was therefore  ...  view the full minutes text for item CM 47