Agenda and minutes

Apologies for absence were received from Councillors Bonds, Campbell, Chugg, Davis, Greenslade, Hunt, Lane and Patrinos.

The Chairman reminded Members, Officers and members of the public in attendance of the housekeeping procedure rules.

(a)       Emptying of Dog Bins

Councillor R. Cann, Portfolio Holder for Environment advised that a contractor that emptied dog bins on behalf of some Parish Councils had recently served notice advising that the service would cease on 28^th March 2019.  He had expressed concern to the Chief Executive who agreed that a letter would be sent to all Parish Councils to establish whether North Devon Council should consider providing this service in the future.  He had also had a meeting with the Head of Environmental Health and Housing and Head of Operational Services to investigate whether litter and dog waste bins could be combined.  This would be progressed as a matter of urgency.

There were no questions submitted by the Public and/or Petitions received under Part 4, Council Procedures Rules, Paragraphs 8 and 9 of the Constitution.

There were no notice of motions submitted by Members in accordance with Part 4, Council Procedure Rules, Paragraph 11 of the Constitution.

(NB. Members only need to re-declare any interests previously declared at Committee and Sub-Committee meetings if the item is discussed at Council).

The following declarations of interest was announced:

There were no questions submitted to Council by Members under Part 4, Council Procedures Rules, Paragraph 10 of the Constitution.

(NOTE: Minutes of the meetings of the Executive held on 26^th February 2019 and  4^th March 2019 (attached)).  (NOTE: Please refer to Guidance Notes for Rules of Debate at meetings of Council on page 5 of the agenda front pages).

Report by Leader (attached).

Council noted a report by the Leader of the Council (circulated previously) regarding the work of the Executive.

In pursuance to the questions raised by the public at the Council meeting on 25^th February 2019, Councillor Yabsley advised in his capacity as Chair of the North Devon Highways and Traffic Orders Committee that improvements to the junctions at Borners Bridge and Tawstock had been discussed at the last Committee meeting and would be presented to the next Committee meeting on 27^th June 2019.

There were no Executive Member reports.

The following questions were submitted in advance of the meeting and responses provided by the Leader were tabled:

To consider the recommendations of the Executive (attached).

Council considered the recommendations of the Executive held on 26^th February 2019 and 4^th March 2019 (circulated previously).

Council noted that minute 114 (b) Leisure Provision at Seven Brethren of the meeting of the Executive held on 26^th February 2019 would be considered under item 18 on the agenda.

It was moved by Councillor Brailey and seconded by Councillor Jones “that minutes 125 (b) and 126 (d) of the meeting of the Executive held on 4^th March 2019 be adopted.”

Report by Harbour Master (attached).

Council considered a report by the Harbour Master (circulated previously) regarding a proposed Public Spaces Protection Order in and around Ilfracombe Harbour.

It was moved by Councillor Bradford and seconded by Councillor Prowse “that the Council Procedure Rules in Part 4 of the Constitution be waived to enable boat owners to address Council”.

Mr D. Hutchings (owner of Ilfracombe Sea Safaris) and Stephen Barbeary (boat owner) addressed Council.

The Head of Resources suggested that should Council approve the recommendation that a letter be sent to all boat owners to clarify the position regarding the level of enforcement.  He advised Council that the Public Spaces Protection Order would not affect the boat owners on a daily basis and they would continue operating as usual.  It would provide for a level of protection for the existing boat licensees against traders who did not hold a kiosk licence.  No enforcement would be required provided the boat owners continued to operate in a professional manner.  He read out the proposed draft letter to be sent to boat owners to Council.

It was moved by Councillor Spear and seconded by Councillor Worden “that the Council Procedure Rules in Part 4 of the Constitution be re-instated”.

It was moved by Councillor Fowler and seconded by Councillor Meadlarkin “that North Devon Council makes a Public Spaces Protection Order for a period of 1 year in relation to Ilfracombe Harbour and roads adjacent to it, as per the Order attached at Appendix A”.

An amendment was moved by Councillor Crabb and seconded by Councillor Edmunds “that a Public Spaces Protection Order in relation to Ilfracombe Harbour and roads adjacent to it not be enacted for the time being and that in the meantime a code of conduct be drawn up between boat owners, the Harbour master and Ilfracombe Harbour Board and that enforcement action be delegated to the Ilfracombe Harbour Board”.

Following debate, Councillors Crabb and Edmunds agreed to amend the wording of the amendment to “that North Devon Council makes a Public Spaces Protection Order for a period of 1 year in relation to Ilfracombe Harbour and roads adjacent to it, as per the Order attached at Appendix A to the report and that a letter be sent to all boat owners clarifying the Council’s position regarding enforcement and advising that if enforcement was required it be undertaken by the Legal team in consultation with the Ilfracombe Harbour Board.”

The amendment was put to the vote and carried.

The amendment then became the substantive motion, which was put to the vote and carried.

Reports by Head of Corporate and Community (attached).

Council considered a report by the Head of Corporate and Community (circulated previously) regarding annual reports from appointees to Outside Bodies.

Council considered that as only a limited number of reports from appointees had been received whether there was an alternative method that could be used in future to provide updates from Councillors appointed to Outside Bodies.

Council noted the reports form appointees to Outside Bodies.

Chairman of Overview and Scrutiny Committee to report.

As the Chairman of Overview and Scrutiny Committee was not present, no update was provided to Council.

Report by Chairman of Audit Committee (attached).

Council noted the half yearly report by the Chairman of the Audit Committee (circulated previously) regarding the work of the Audit Committee.

To note that no urgent decisions have been taken during this period.

Council noted that no urgent decisions had been taken during the period 14^th  February 2019 to 4^th March 2019.

Council is recommended to note the schedule of Committee minutes and approve recommendations as listed below:

(i)            13^th February 2019

RESOLVED that the following minutes of the Planning Committee (circulated previously) be noted and adopted as follows:

(i)         5^th February 2019

RESOLVED that the following minutes of the Licensing Committee (circulated previously) be noted and adopted as follows:

(i)            26^th February 2019

RESOLVED that the following minutes of the Personnel Committee (circulated previously) be noted and adopted as follows:

RECOMMENDED:

            RESOLVED:

Report by Contracts Delivery Manager and minute extract of the special Executive meeting held on 26^th February 2019 (attached).

Council considered a report by the Contracts Delivery Manager and minute extract of the special Executive meeting held on 26^th February 2019 (circulated previously) regarding Leisure Provision at Seven Brethren.

The Contracts Delivery Manager highlighted the following:

·         The tender process was still live, therefore the report was confidential and needed to be considered under Part B of the agenda.

·         Analysis of the audit undertaken of the current leisure provision in North Devon.

·         Proposals for a new Leisure Centre provision submitted by the tenderer.

·         Leisure Centre usage over the past 12 months.

·         Leisure Centre current usage groups

·         Costs and sources of external funding.

·         Prudential borrowing requirements for the Council.

·         Further opportunities available to the Council in relation to borrowing, costs and contract clauses.

The Head of Resources highlighted the following:

·         Revenue Budget for 2019/20 and potential risks for future funding in relation to Business Rates Retention and the New Homes Bonus.

·         Local Government Finance funding reforms planned for 2020/21 and uncertainty over future funding.

·         The Business Cases for capital funds which had been approved by Council on 25^th February 2019 and the Council’s increased borrowing requirements for some of these projects.

·         The overall Capital Programme approved by Council on 25^th February 2019.

·         Capital funding and future borrowing costs for the existing programme commitments.

·         Medium Term Financial Strategy for 2019-23 approved by Council on 25^th  February 2019 and forecast budget gaps for the period.

·         10 Year Capital Strategy 2020-29 approved by Council on 25th February 2019 and impact this had on the future revenue budget gaps to 2028/29.

·         The Council’s current position in relation to financing and potential borrowing requirements for the proposed Watersports Centre in Ilfracombe.  This would be considered by the special meeting of the Executive on 1^st April 2019 and Extraordinary Council meeting on 15^th April 2019.

·         Leisure Centre – where we started and the original business plan.

·         Leisure Centre – where we are now in relation to financing the project and the breakdown of potential funding as detailed in paragraph 5 of the report and the requirement for banked and future anticipated income from section 106 agreements.

·         Financing of the project subject to the final build priced submission and external funding bids being confirmed.

·         Leisure Centre financial modelling as detailed on page 269 of the report and to be considered in light of highlighted risks, assumptions made and the uncertainty around local government funding changes on the horizon.

·         Financial model context.

·         Financial model risks which included the already projected revenue budget funding gap as detailed in the 10 Year Capital Strategy.

·         Risks of not proceeding with the project.

It was moved by Councillor Jones and seconded by Councillor Moores “that the recommendations 2.1 and 2.2 in the report be adopted”.

An amendment was moved by Councillor Ley and seconded by Councillor Chesters “that the recommendations 2.1 and 2.2 in the report be adopted subject to the banked sources of section 106 funding from planning application 55662 being removed.”

Councillor Wilkinson gave notice  ...  view the full minutes text for item 121.

Report by Human Resources Manager and minute extract of the special Personnel Committee meeting held on 26^th February 2019 (attached).

Council considered a report by the Human Resources Manager and minute extract of the special Personnel Committee meeting held on 26^th February 2019 (circulated previously) regarding a request for early retirement.

The Human Resources Manager confirmed that the request for early retirement had been supported by the Cross Party working Group and the Personnel Committee.

It was moved by Councillor Mathews and seconded by Councillor Brailey “that the proposal, for the employee’s early retirement on the grounds of efficiency with effect from 1^st June 2019, be supported.”

The Human Resources Manager outlined the internal recruitment timetable and the next stages.

Councillor Edgell requested it be recorded in the minutes that he abstained from voting.