Agenda and minutes

CM 38                                                                                                                                       

Apologies for absence were received from Cllrs K Ball, M Davies, A F Leech, B Stephens and L Watts.

To approve and adopt as a correct record the Minutes of the

Meeting of Council held on 26 September 2017 and the Special meeting held on 31 October 2017.

CM 39                                                                                                                                       

It was moved by Cllr P R Sanders, seconded by Cllr L Samuel 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 26 September 2017 and the Special Meeting held on 31 October 2017 as a true record.” 

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 40                                                                                                                                       

Prior to inviting Members to declare any interests in the items of business to be considered during the course of the meeting, the Mayor asked the Monitoring Officer to provide some advice in respect of Unstarred Minute HC 53 ‘Residential Property Purchase’. 

In so doing, the Monitoring Officer advised that there was a distinct difference in the strategic role of a Hub Committee Member and the planning role of a Development Management and Licensing Committee Member.  As a consequence, she could see no reason why those Members who served on both Committees could not take a full part in the debate and vote on this unstarred minute at this meeting today.

Following this advice, interests were declared (and recorded) as follows:-

Cllr J B Moody declared a personal interest in Item 9(iv): ‘Minutes of Committees’ (Minute CM 43(d) below refers) and specifically unstarred minute HC 53 (Residential Property Purchase) by virtue of currently being a Substitute Member of the Development Management and Licensing Committee;

Cllr R E Baldwin declared a personal interest in Item 9(iv): ‘Minutes of Committees’ (Minute CM 43(d) below refers) and specifically unstarred minute HC 53 (Residential Property Purchase) by virtue of currently being a Member of the Development Management and Licensing Committee and the local Ward Member;

Cllr P R Sanders declared a personal interest in Item 9(iv): ‘Minutes of Committees’ (Minute CM 43(d) below refers) and specifically unstarred minute HC 53 (Residential Property Purchase) by virtue of currently being the Chairman of the Development Management and Licensing Committee;

Cllr J Evans declared a personal interest in Item 9(iv): ‘Minutes of Committees’ (Minute CM 43(d) below refers) and specifically unstarred minute HC 53 (Residential Property Purchase) by virtue of attending a Parish Council meeting for which she was a Member.  In declaring this interest, Cllr Evans emphasised that she had also declared a personal interest at the Parish Council meeting and had expressed no opinions or voted on any decisions at this meeting;

Cllr T G Pearce declared a personal interest in Item 9(iv): ‘Minutes of Committees’ (Minute CM 43(d) below refers) and specifically unstarred minute HC 53 (Residential Property Purchase) by virtue of currently being a Member of the Development Management and Licensing Committee and a Council representative on the Devon Building Control Partnership;

Cllr C Edmonds declared a personal interest in Item 9(iv): ‘Minutes of Committees’ (Minute CM 43(d) below refers) and specifically unstarred minute HC 53 (Residential Property Purchase) by virtue of currently being a Substitute Member of the Development Management and Licensing Committee;

Cllr J Sheldon declared a personal interest in Item 9(iv): ‘Minutes of Committees’ (Minute CM 43(d) below refers) and specifically unstarred minute HC 53 (Residential Property Purchase) by virtue of currently being a Substitute Member of the Development Management and Licensing Committee;

Cllr B Lamb declared a personal interest in Item 9(iv): ‘Minutes of Committees’ (Minute CM 43(d) below refers) and specifically unstarred minute HC 53 (Residential Property Purchase) by virtue of currently being a  ...  view the full minutes text for item CM 40

CM 41                                                                                                                                       

At his discretion, the Mayor made reference to:-

(a)    The Head of Paid Service

Since this was the last Council meeting before Mr Steve Jorden left the employ of the Council, the Mayor and Group Leaders paid tribute to his hard work, commitment and dedication and wished him and his family every success and happiness in the future.

(b)   Mayor’s 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.

CM 42                                                                                                                                       

The Mayor informed that he had agreed for three urgent items to be raised at this meeting that related to:

-         the West Devon Parking Strategy;

-         the Corporate Strategy; and

-         Member Allowances – Request from Cllr Sanders.

It was noted that each of these items had been deemed urgent in light of their associated time constraints.

(a)    West Devon Parking Strategy

The Council considered a report that presented the recommendations of the West Devon Parking Strategy Group in respect of the adoption of a revised Parking Strategy.

In the ensuing discussion, reference was made to a reluctance to approve the Strategy at this time.  Some Members expressed their reservations and confusion over the Strategy in its current form and particular concerns were highlighted in relation to its purpose, lack of supporting evidence and the content potentially pre-empting the work of the Financial Stability Member Working Group.  As a result, these Members were of the view that a decision on the Strategy should be deferred for consideration at a future meeting of the Hub Committee.  In the meantime, these Members also asked that a meeting be held between assets and car parks officers to ensure that the Strategy was more co-ordinated between these two areas.

However, in contrast, other Members highlighted that the Strategy was already significantly out of date and stated that a decision to defer would impinge upon the work of the Parking Strategy Group.

Nonetheless, having been moved by Cllr G Parker and seconded by Cllr D K A Sellis, it was declared to be CARRIED and “RESOLVED that a decision on the West Devon Parking Strategy be deferred to a future meeting of the Hub Committee for its consideration.”

(b)   Corporate Strategy

The Mayor advised that, following recent discussions, the general consensus amongst Hub Committee Members was that a Member Working Group should be formally established to consider the draft Corporate Strategy.  In support of this consensus, the Leader also felt it important that he and the Leader of the Independent Group nominate the most appropriate representatives to serve on this Working Group regardless of their political affiliation.

It was then moved by Cllr P R Sanders, seconded by Cllr R F D Sampson and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that:

1.    a Corporate Strategy Member Working Group comprising of 6 Members be formally established, with Delegated Authority being granted to the Commissioning Manager, in consultation with the Group Leaders, to agree the Terms of Reference; and

2.      appointments to serve on this Group be delegated to the Group Leaders and determined on a fit for purpose basis.”

(c)    Member Allowances – Request from Cllr Sanders

The Mayor proceeded to inform that, under Part 6, Paragraph 10.1 of the Council Constitution (Members’ Allowances Scheme):

‘no payment can be made of any Travel and Subsistence Claim made more than three months after the meeting for which the claim is made without the authority of Council  ...  view the full minutes text for item CM 42

            (i)        Overview and Scrutiny Committee

                        Meeting held on 5 September 2017                                                   

                        Meeting held on 17 October 2017

                        Meeting held on 7 November 2017

(ii)        Audit Committee

                        Meeting held on 19 September 2017                                                 

(iii)       Development Management and Licensing Committee

                        Meeting held on 19 September 2017                                                 

                        Meeting held on 17 October 2017      

                        Meeting held on 14 November 2017

            (iv)       Hub Committee

                        Meeting held on 31 October 2017                                                                  

                        Unstarred Minute to agree

            Members are recommended to agree:

HC 32 Formation of a Community Lottery for West Devon and South Hams

That Council be RECOMMENDED to:

1.     approve and implement the proposed business case for the establishment of a joint West Devon and South Hams local community lottery scheme (subject to approval from South Hams District Council);

2.     appoint Gatherwell Ltd as an External Lottery Manager and Aylesbury Vale District Council to assist with project implementation (subject to a successful Contract Exemption application);

3.     delegate to the Head of Paid Service to nominate two officers to be responsible for holding the Council’s lottery licence and submit the necessary application to the Gambling Commission; and

4.     delegate to the Group Manager (Business Development), in consultation with the lead Hub Committee Member for Assets, to approve the bespoke lottery business model policies required in order to submit a valid application to the Gambling Commission to obtain a lottery licence.

                      Meeting held on 28 November 2017

CM 43                                                                                                                                       

a.      Overview and Scrutiny Committee – 5 September 2017, 17 October 2017 and 7 November 2017

It was moved by Cllr J Yelland, seconded by Cllr R Cheadle and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Minutes of the 5 September 2017, 17 October 2017 and 7 November 2017 meetings be received and noted”.

b.     Audit Committee – 19 September 2017

It was moved by Cllr W G Cann OBE, seconded by Cllr B Lamb and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Minutes of the 19 September 2017 meeting be received and noted”.

c.      Development Management and Licensing Committee – 19 September 2017, 17 October 2017 and 14 November 2017

It was moved by Cllr P R Sanders, seconded by Cllr A Roberts and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Minutes of the 19 September 2017, 17 October 2017 and 14 November 2017 meeting be received and noted”.

d.     Hub Committee – 31 October 2017 and 28 November 2017

It was moved by Cllr P R Sanders, seconded by Cllr L Samuel and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Minutes of the 31 October 2017 and 28 November 2017 meetings be received and noted, with the exception of Unstarred Minutes HC 32, HC 41, HC 44, HC 45, HC 46, HC 47, HC 48, HC 49, HC 52 and HC 53”.

In respect of the Unstarred Minutes:

i.        HC 32 Formation of a Community Lottery for West Devon and South Hams

Some Members were unsupportive of the Hub Committee recommendations and, in light of the close linkages with gambling, did not feel that the Council’s reputation would be enhanced through the adoption of such a scheme.  Furthermore, a Member expressed some specific concerns in relation to the recommendation to appoint Gatherwell Ltd as the ‘External Lottery Manager (ELM)’ and was of the view that the Council should have at least made contact with other ELM’s within this market.

In reply, other Members felt that the proposals were a mechanism to raise some much needed monies for good causes.  In respect of Gatherwell Ltd, it was noted that this was the only company at present that underwrote the prize fund.

It was then moved by Cllr P R Sanders, seconded by Cllr L Samuel and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that:

1.      subject to approval from South Hams District Council, the proposed business case for the establishment of a joint West Devon and South Hams Local Community Lottery Scheme be approved and implemented;

2.      Gatherwell Ltd be appointed as an External Lottery Manager and Aylesbury Vale District Council to assist with project implementation (subject to a successful Contract Exemption application);

3.      authority be delegated to the Head of Paid Service to nominate two officers to be  ...  view the full minutes text for item CM 43

CM 44          

The Council considered a report that sought to designate the Executive Director (Service Delivery and Commercial Development) to be the Head of Paid Service for an initial interim period, with an option to extend for a further period (if required).

In discussion, the following points were raised:-

(a)    The Leader informed that the proposed way forward had been discussed at great length with his Deputy and their counterparts at South Hams District Council and they were in unanimous support for these recommendations;

(b)    Prior to moving the recommendation, the Leader also advised of his intention to make a slight adjustment to make it explicit that the West Devon Member representatives involved in the six month review were himself, the Deputy Leader and the Leader of the Opposition Group.

It was then moved by Cllr P R Sanders and seconded by Cllr L Samuel and declared CARRIED and ”RESOLVED that:

1.       the Council designates the Executive Director (Service Delivery and Commercial Development) to be the Head of Paid Service for an interim period until the end of the current administration (May 2019) with an option to extend for a further period if required;

2.       a report be brought back to the Council towards the end of the interim period to consider the permanent strategic leadership and Senior Management arrangements;

3.       the Executive Director (Service Delivery and Commercial Development) receives an uplift of £3,000 in recognition of the Head of Paid Service responsibilities;

4.       a further salary uplift of £10,000 be approved for the Executive Director (Service Delivery and Commercial Development) in recognition of the Head of Paid Service responsibilities;

5.       the Executive Director (Service Delivery and Commercial Development) maintains strategic leadership and senior management capacity by allocating additional responsibilities to member of the Senior and Extended Leadership Team, in consultation with the Leader and Deputy Leader of both West Devon Borough Council and South Hams District Council; and

6.       a review be undertaken by the Leader, Deputy Leader of Council and the Leader of the Opposition Group of the arrangements after six months to ensure that all responsibilities are being satisfactorily covered.”

CM 45                                                                                                                                       

A report was considered that sought Council approval and implementation of an updated Commercial Property Acquisition Strategy.

In the ensuing discussion, particular reference was made to:-

(a)    the intention of the proposals being to enable greater flexibility in the Strategy.  In addition, the view was expressed that the extent of the risk would be reduced by increasing the size of the Commercial Property portfolio;

(b)    the importance of the Strategy being a success when considering the Council’s significant budgetary constraints.  Furthermore, the need to act quickly was emphasised;

(c)    the risks associated with the Strategy.  In referring to their views that had been previously raised at the Council meeting on 25 July 2017 (Minute CM 25 refers), some Members reiterated their concerns that this Strategy was too risky and these concerns were only enhanced by the proposals to borrow even more money.  In addition, another Member emphasised the amount of borrowing being proposed and urged his fellow Members not to underestimate the significance of this decision;

(d)    the Budget Consultation Survey.  A Member expressed his frustrations that half of his colleagues had failed to complete the recent Budget Consultation Survey exercise.

It was then moved by Cllr P R Sanders and seconded by Cllr L Samuel and declared CARRIED and ”RESOLVED that:

1.      the updated Commercial Property Acquisition Strategy (as detailed in Appendix A of the presented agenda report) be approved and implemented; and

2.      funds be borrowed on fixed rate terms from the appropriate source in order to pursue this Strategy.  (To complete Tranche 1, this would require total borrowing of up to £37.45 million (£35 million plus acquisition costs of 7%)).

(NOTE: in accordance with Council Procedure Rule 19(6) ‘Right to Require Individual Vote to be Recorded’: Cllr D K A Sellis asked that her vote against this matter be formally recorded).

CM 46                                                                                                                                       

The Council considered a report that sought approval of a revised Treasury Management Strategy and Investment Strategy together with their associated prudential indicators.  The report stressed that good financial management and administration underpinned the entire strategy.

In her introduction, the Section 151 Officer informed that, as a procedural matter, this report had been presented to reflect the knock-on implications of the decisions made earlier at this meeting.

In discussion, a Member felt that the Council’s approach to borrowing should be looked at holistically and, in light of a request, it was agreed that a tabulation of all borrowings would be circulated to all Members.

It was then moved by Cllr C Edmonds and seconded by Cllr P R Sanders and declared CARRIED and ”RESOLVED that:

1.      the prudential indicators and limits for 2017/18 to 2019/20 contained within Appendix A of the presented agenda report be approved;

2.      the Minimum Revenue Provision (MRP) Statement contained within Appendix A of the presented agenda report which sets out the Council’s policy on MRP be approved;

3.      the revised Treasury Management Strategy for 2017/18 and the treasury prudential indicators 2017/18 to 2019/20 contained within Appendix B of the presented agenda report be approved; and

4.      the Investment Strategy 2017//18 (as outlined in Appendix C of the presented agenda report) and the detailed criteria (as included in Appendix D of the presented agenda report) be approved.

CM 47                                                                                                                                       

The Council considered a report that presented the recommendations of the Political Structures Working Group on the initial submissions received on the Community Governance Review into a proposal to increase the membership of Okehampton Hamlets Parish Council from 8 to 10 members.

It was then moved by Cllr J R McInnes and seconded by Cllr P R Sanders and declared CARRIED and ”RESOLVED that:

1.      the main points arising from the initial submissions (as outlined at paragraph 2.6 of the presented agenda report) be noted;

In light of the initial submissions received:-

2.      an additional consultation stage be built into the Review timetable to provide an opportunity for those who have made initial representations to produce definitive proposal(s) for potential changes to the Okehampton Town-Okehampton Hamlets Parish Boundary before Friday, 2 February 2018; and

3.      the Terms of Reference for this Review be updated in line with Appendix B of the presented agenda report.

(NOTE: in accordance with Council Procedure Rule 19(6) ‘Right to Require Individual Vote to be Recorded’: Cllr J Yelland asked that her vote to abstain on this matter be formally recorded).

Dated this 27^th day of November 2017

Steve Jorden

Head of Paid Service

CM 48                                                            

The Council considered a report that sought to:-

-         review the Council’s RIPA Policy and approve guidance on Social Networking Sites in investigations;

-         update Members on the use of RIPA;

-         report on the role of the Office of Surveillance Commissioners; and

-         report on training for Officers.

With no debate ensuing, it was then moved by Cllr C Edmonds and seconded by Cllr R F D Sampson and declared CARRIED and ”RESOLVED that the guidance on Social Networking Sites in investigations (as outlined at Appendix B of the presented agenda report) be approved and included in the Council’s RIPA Policy.”