Agenda item

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 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

Minutes:

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 responsible for holding the Council’s lottery licence and submit the necessary application to the Gambling Commission; and

 

4.      authority be delegated 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 in order to obtain a lottery licence.”

 

 

ii.       HC 41 Quarter 2 Revenue Budget Monitoring 2017/18

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 underspend on Homelessness Prevention be transferred into the Homelessness Earmarked Reserve at the end of the 2017/18 Financial Year (NOTE. this is expected to be £65,000).”

 

iii.      HC 44 Heart of the South West – Joint Committee

In response to a question, the Head of Paid Service gave a commitment to circulate to all Members the draft version of the Productivity Plan as soon as it had been received.

 

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.      the recommendation of the Heart of the South West Leaders (meeting as a shadow Joint Committee) to form a Joint Committee for the Heart of the South West be approved;

 

2.      the Arrangements and the Inter-Authority Agreement documents (as set out in Appendices A and B of the presented agenda report) for the establishment of the Joint Committee be approved, with the commencement date being Monday, 22 January 2018;

 

3.      the Leader and the Deputy Leader of Council be appointed as the Council’s named representative and substitute named representative on the Joint Committee;

 

4.      Somerset County Council be appointed as the Administering Authority for the Joint Committee for a two-year period commencing on 22 January 2018;

 

5.      the transfer of the remaining Joint Devolution budget to meet the support costs of the Joint Committee for the remainder of 2017/18 Financial Year be approved, subject to the approval of any expenditure by the Administering Authority;

 

6.      an initial contribution of £1,400 for 2018/19 to fund the administration and the work programme of the Joint Committee be approved, noting that any expenditure will be subject to the approval of the Administering Authority;

 

7.      it be agreed that the key function of the Joint Committee is to approve the Productivity Strategy (NB. it is intended to bring the Strategy to the Joint Committee for approval by February 2018);

 

8.      the initial work programme of the Joint Committee (aimed at the successful delivery of the Productivity Strategy) be authorised; and

 

9.      the proposed meeting arrangements for the Joint Committee (including the timetable of meetings for the Joint Committee as proposed in paragraph 2.14 of the presented agenda report) be agreed.”

 

 

iv.     HC 45 Low Cost Self and Custom Build Initiative for Local People

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:

 

1.      the custom self-build initiative be implemented through the current policy (H37) and the emerging policy TTV31;

 

2.      the initiative is included in the emerging SPD; and

 

3.      the New Burdens Funding is committed to additional staff resource.”

 

 

v.      HC 46 Business Rates – Section 47 Discretionary Business Rate Relief Policy

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 a Business Rate Relief Policy for the discretional relief awarded by the Rate Relief Panel be adopted.”

 

 

vi.     HC 47 Council Tax Reduction Scheme 2018/19

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 Council continue with the existing Council Tax Reduction Scheme for 2018/19, with the uprate of Personal Allowances, Premiums and Non Dependent deductions in line with national welfare benefits.”

 

 

vii.    HC 48 Direct Lets Scheme

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:

 

1.      a Local Authority Lettings Scheme be introduced for private rented accommodation managed by local authority staff; and

 

2.      approval be given to the appointment of one 0.6 full-time employee (Level 7 Case Manager) for the delivery of the scheme.

 

viii.   HC 49 Purchase of 18 North Road, Okehampton

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:

 

1.      the residential property 18 North Road, Okehampton be purchased to support future development ambitions for Wonnacotts Meadow and to provide short-term emergency accommodation for families in the area;

 

2.      the purchase be funded (as set out in Appendix A of the agenda report presented to the Hub Committee), along with legal and associated costs from the Innovation Fund (Invest to Earn) Earmarked Reserve; and

 

3.      the Community Of Practice Lead Assets be authorised, in consultation with the Section 151 Officer and lead Hub Committee Member for Assets, to conclude the purchase on the terms as outlined in Appendix A of the agenda report presented to the Hub Committee.”

 

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

 

ix.     HC 52 Annual Review of Health and Safety Policy

In his introduction, the Leader emphasised the importance of compliance with the Health and Safety Policy and stressed that a number of elements of this Policy (e.g. lone working) were of particular relevance to Members.

 

 

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 the revised Health and Safety Policy be adopted and signed off by the Head of Paid Service and the Leader of the Council.”

 

x.      HC 53 Residential Property Purchase

 

In the debate on this Unstarred Minute, reference was made to:-

 

§   the lack of local consultation prior to the Hub Committee meeting taking place;

§   the local Neighbourhood Planning Group having an alternative preferred site.  As a result, some Members questioned the incentive of local Groups developing a Neighbourhood Plan;

§   the upfront financial assistance being a cause of some concern;

§   the concept having a lot of merit in principle.  Subject to the required due diligence being undertaken, such initiatives were considered to be an excellent way of generating additional affordable housing in the Borough;

§   the importance of Members keeping the principle of the Scheme and the merits of any subsequent planning application as wholly separate issues;

§   an Overview and Scrutiny Committee review.  In light of the concerns that had been raised, a number of Members informed that they were willing to support the principle of the scheme, subject to the Overview and Scrutiny Committee first undertaking a detailed review, to ensure that it was suitably assured before any decision could then take effect.  In the event of the Committee not being suitably assured, it was confirmed that the matter would be presented to the next Council meeting on 20 February 2018 for an ultimate decision.

 

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.      the Scheme be supported in principle to formally agree to acquire up to 18 residential units (as outlined in Appendix 3 of the presented agenda report to the Hub Committee), subject to both the Overview and Scrutiny Committee first undertaking a review and specialist external legal and treasury management advice being obtained;

 

2.      up to £2.55 million be borrowed from the Public Works Loan Board to fund the acquisition costs;

 

3.      the borrowing limits of the Council be increased by £2.55 million in the Council’s Treasury Management Strategy;

 

4.      the Head of Paid Service, in consultation with the Deputy Leader, Lead Hub Committee for Assets and the Section 151 Officer, be given delegated authority to agree (without further recourse to the Council):

 

§   any minor deviations from the draft terms (as detailed in Appendix 3 of the presented agenda report).  (NOTE: a major deviation (overall spend) will be returned to Council for consideration);

§   the structure of the borrowing to cover the acquisition (up to a maximum of £2.55 million);

§   which properties will be sold or which will be retained to let; and

§   the terms applicable to any sale or property let; and

 

5.      the Business Development Group Manager, in consultation with the Head of Paid Service, the Section 151 Officer and the lead Hub Committee Member for Assets identify the most appropriate structure to hold any properties retained to let.  If a new company structure is required, this will be brought back to the Hub Committee and Council for approval in due course.

 

(NOTE: in accordance with Council Procedure Rule 19(6) ‘Right to Require Individual Vote to be Recorded’: Cllrs R E Baldwin; C Edmonds, J Evans, J B Moody, D E Moyse, T G Pearce, P R Sanders, D K A Sellis and J Yelland asked that their vote to abstain on this matter be formally recorded).

 

 

Supporting documents: