Agenda and draft minutes

Council
Wednesday, 20th November, 2019 6.00 pm

Venue: Barum Room - Brynsworthy. View directions

Contact: Corporate and Community Services  01271 388253

Items
No. Item

63.

Apologies for absence

Minutes:

Apologies for absence were received from Councillors Campbell, Lofthouse, Orange and Saxby.

64.

To approve as a correct record the minutes of the meetings held on 25th September 2019 (attached) pdf icon PDF 250 KB

Additional documents:

Minutes:

RESOLVED that the minutes of the meetings held on 25th September 2019 (circulated previously) be approved as correct records and signed by the Chair.

 

65.

Chair's announcements

Minutes:

There were no Chair’s announcements.

66.

Business brought forward by or with the consent of the Chair

Minutes:

There were no items of business brought forward by or with the consent of the Chair.

67.

Replies to any questions submitted by the Public and/or to receive Petitions under Part 4, Council Procedures Rules, Paragraphs 8 and 9 of the Constitution

Minutes:

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

68.

To consider motions of which notice has been submitted by Members in accordance with Part 4, Council Procedure Rules, Paragraph 11 of the Constitution

(a)       To consider the following notice of motion from Councillor Patrinos:

 

The Devon and Somerset Fire and Rescue Service (DSFRS) is due to take a decision on 18th December 2019 that might significantly affect the lives of everyone in North Devon. The decision might be to close some fire stations and reduce the number of fire engines and staffing levels elsewhere.

 

The closures that will most directly impact North Devon are of the fire stations in Woolacombe, Appledore and Porlock. Some of these are outside our boundaries but will nevertheless affect us because engines move to provide cover whenever one is on call, but the closures will reduce this ability. 

 

The removal of some of the fire stations’ engines that will most directly impact North Devon will be at Lynton and Crediton

 

The reduction in cover due to staffing reductions that will most directly impact North Devon are in Barnstaple, Ilfracombe and Tiverton. DSFRS undertook a consultation exercise as part of this process of potential change. However, it was significantly and fundamentally flawed in a variety of ways. The consequence of these flaws is that any decision taken based on the consultation is also flawed. To determine that this is so will require the decision to be judicially reviewed.

 

Other councils across Devon and Somerset are considering whether to contribute or earmark contributions to a Judicial Review fund. 

 

The motion is: That this Council earmark a £3,000 contribution to the funding of a potential Judicial Review.

 

Minutes:

Councillors Biederman and Yabsley declared prejudicial interests as Members of the Devon and Somerset Fire and Rescue Authority and left the meeting during the consideration thereof.

 

(a) To consider the following notice of motion from Councillor Patrinos

 

Councillor Patrinos presented his notice of motion to Council.  He advised Council that since the submission of the motion, the Devon and Somerset Fire and Rescue Service had advised that the decision would now be taken on 10th January 2020.  He was aware that some Parish Councils had agreed to contribute between £250 to £400 and that Torridge District Council would be considering contributing £5,000 towards the potential Judicial Review.

 

It was moved by Councillor Patrinos and seconded by Councillor Bushell “that this Council earmark a £3,000 contribution to the funding of a potential Judicial Review”.

 

The Chief Executive advised that following the decision taken by the Devon and Somerset Fire Authority, the decision on whether to proceed with a judicial review should be made within three months.  The Council would seek legal advice on whether to proceed with a judicial review.  Council had authority to take the decision to earmark a £3,000 contribution, however the Strategy and Resources Committee would be required to reach a decision to allocate the funding.

 

The Leader advised that an item would be placed on the agenda for the Strategy and Resources Committee meeting scheduled on 3rd February 2020.

 

RESOLVED that this Council earmark a £3,000 contribution to the funding of a potential Judicial Review.

 

69.

Declarations of Interest

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

 

Minutes:

The following declarations of interest were announced:

 

Councillor Chesters

Item 18 – Personal interest as Chair of the Braunton Marsh Internal Drainage Board

 

Councillor Yabsley

Item 6 – Prejudicial interest as appointed to the Devon and Somerset Fire and Rescue Authority by Devon County Council.

 

Item 11 – Personal interest as appointed to the Devon and Somerset Fire and Rescue Authority by Devon County Council.

 

70.

Chair's replies to any questions to Council by Members submitted under Part 4, Council Procedures Rules, Paragraph 10 of the Constitution

Minutes:

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

71.

Honorary Aldermen

Presentation of certificates by the Chair of the Council to the Honorary Aldermen appointed at the meeting of Council on 25th September 2019.

Minutes:

In pursuance to the extraordinary meeting held on 25th September 2019, Councillor Biederman presented Des Brailey and Mike Edmunds with a certificate in recognition of their appointments as Honorary Aldermen.

 

Mr Brailey and Mr Edmunds thanked the Council for their appointments as Honorary Aldermen which was a great honour.

72.

Devon and Somerset Fire and Rescue Service - Community Safety/Prevention

Presentation by Mark Quick, Watch Manager, Community Risk, Devon and Somerset Fire and Rescue Service in pursuance to minute 15(c) of the meeting of the Policy Development Committee held on 12th September 2019.

Minutes:

Council received a presentation by Mark Quick, Watch Manager (Community Risk, Service Delivery Prevention) and Steve Fisher, Crew Manager (North Devon and Exeter), Devon and Somerset Fire Service regarding the Devon and Somerset Fire and Rescue Service’s Community Safety/Prevention service.

 

They outlined the new service delivery structure whereby a Watch Manager was responsible for each service area i.e. Road Traffic Collision Reduction, Home Safety Visit/Partnership, Education and Community Risk.  There had been no fire deaths in the South West recorded up to the end of October 2019, however since then two deaths had occurred in Devon and Somerset.  They were both vulnerable people that the Service was unaware of.  They encouraged Councillors to advise them of any vulnerable people living within their wards to enable the Service to undertake home visits and provide advice.  The two deaths could have been prevented if the Service had been aware.  Home safety visits was a free service and staff were trained to undertake bespoke visits.  The Service was now working in partnership and was therefore able to signpost to other partners where required.  Prior to the restructure 12,000 home visits were undertaken per annum.  Since the restructure, the number of technicians had increased to 31 and the target for home visits had been increased to 19,000 per annum.  Individuals needed to be in agreement for a home visit to take place.  They also visited specific groups such as flu clinics to provide advice on home safety.  The Community Risk Reduction service was promoted through various events via advocates.  There were eight community responders in Devon, who were Police Officers and also provided fire cover at retained Fire Stations.  Campaigns on Thatched Safety and Halloween had been undertaken over the past six months.  The Education programme started at nursery schools and continued in Primary School for Years 2 and 5, Junior Life Skills for Year 6 and Key Stage 3 in relation to arson, malicious calls awareness and firesetters.  Out of the Blue programme had been set up in both Ilfracombe and Bideford.  The target age group for Road Traffic Collision Reduction was 17-24 years.  Councillors were encouraged to contact the Service regarding engaging with communities and groups on home safety and road safety.  Information was available on the Service’s Facebook pages, twitter feeds and website and encouraged Councillors to sign up to receive updates.

 

In response to a question, Steve Fisher advised that he would take back comments in relation to the success of Out of the Blue and the need for it to continue.

 

73.

Report of the Leader of the Council pdf icon PDF 190 KB

Report by Leader of the Council (attached).

Minutes:

Council noted a report by the Leader of the Council (circulated previously) regarding work that had been undertaken since the last Council meeting.

74.

Questions by Members pdf icon PDF 278 KB

Questions to the Leader or the Chair of a Committee submitted under Part 4, Council Procedure Rules, paragraph 10.4 of the Constitution.

Minutes:

The following question was submitted in advance of the meeting and responses provided by the Leader was circulated separately:

 

(a)

Question from Councillor Lane to Councillor Pearson “With the need to recycle more. Can you confirm when we will meet the 50% target set for 2020?” Councillor Pearson’s response “Councillor Lane, thank you for your question. I cannot confirm that we will meet the 50% target set for 2020. As you will be aware the Works and Recycling service commenced a full systems review of the service at the start of October. The purpose of the review is to create service and financial stability, reducing missed collections and the reliance on overtime to complete the work. Once this review has been completed and changes have been implemented and monitored to ensure stability, Officers will report to Members on the options for future service delivery which will deliver increased recycling performance that will both meet and exceed the 50% target.”

 

(b)

Question from Councillor Lane to Councillor Roome “With waste and recycling employees increasing in overspend in the first 2 quarters £89,000 increasing to £229,000.  Can you confirm that waste and recycling will be back on budget going forward?”  Councillor Roome’s response “Councillor Lane, thank you for your question.  As outlined in the Quarter 2 Performance and Financial Management report under item 15 on tonight’s agenda the increased forecast in employee spend has materialised from increased levels of missed collections and higher levels of sickness absence.  These levels are unacceptable and the Head of Operational Services has been targeted with reducing these levels as soon as possible.  The main reason for the increased spend has come from additional use of agency staff and overtime and the Head of Operational Services has outlined his plans to reduce these inefficiencies as set out in the report above; these being (1) Introducing new working patterns within the vehicle workshop to reduce the amount of time vehicles are off the road in core working parts of the day (2) Challenging resources within the wider Operational Services team to re-allocate to priority areas to reduce the reliance on agency staff and (3) Work closely with Human Resources and have a pro-active approach to reducing sickness absence levels.   I have been assured these actions will be closely monitored and reported through as part of budget monitoring to the Senior Management Team on a monthly basis.  I agree with you that there is a need to ensure the appropriate control measures are in place so that costs can be reduced for the remainder of the financial year and we need a stable position moving forwards for next year’s budget.” 

 

(c)

Question from Councillor Tucker to Councillor Worden “There is no area of search for on-shore wind turbines in the North Devon and Torridge adopted local plan, and no progress has been made in identifying any such development opportunities through the neighbourhood planning process.  Given the Council’s commitment to address climate change and its encouragement of  ...  view the full minutes text for item 74.

75.

Devon County Council/North Devon Council response to the Climate Declaration

Lead Member for Climate Change to report.

Minutes:

Council received an update from the Lead Member for Climate Change regarding actions that had been undertaken since the last meeting of the Council.   The Core Group consisting of Lead Members had met a number of times to look at climate change as part of the corporate priority and how it covered all areas of work of the Council.  The first meeting of the Working Group had been arranged on 25th November 2019.  The Working Group would consider the draft action plan (which was based on the Friends of the Earth things that a Council can do to tackle climate change) detailing actions to be completed in the short and medium term.  A written report would be circulated to Members.

76.

Performance and Financial Management Quarter 2 of 2019/20 pdf icon PDF 304 KB

(NOTE: A copy of the report that was considered by the Strategy and Resources Committee on 4th November 2019 is attached).

Additional documents:

Minutes:

Council considered the Performance and Financial Management report for Quarter 2 of 2019/2020 to the Strategy and Resources Committee on 4th November 2019 (circulated previously).

76a

Report of the Policy Development Committee pdf icon PDF 151 KB

To receive the report of the Policy Development Committee held on 14th November 2019 (to follow).

Minutes:

Council noted the Policy Development Committee’s report on the Performance and Financial for Quarter 2 2019/20 (circulated previously).

 

76b

Report of meeting of the Strategy and Resources Committee pdf icon PDF 8 KB

To receive the report of the meeting of the Strategy and Resources Committee held on 4th November 2019 (to follow).

 

Minutes:

Councillor Prowse, Vice-Chair of the Strategy and Resources Committee reported the recommendations of the Strategy and Resources Committee on the Performance and Financial Management for Quarter 2 of 2019/2020 (circulated previously).

 

It was moved by Councillor Prowse and seconded by Councillor Yabsley that “minute 60 (f) of the meeting of the Strategy and Resources Committee on 4th November 2019 be adopted”.

 

RESOLVED that minute 60 (f) of the meeting of the Strategy and Resources Committee on 4th November 2019 be adopted.

 

77.

Mid Year Treasury Management Review pdf icon PDF 496 KB

(NOTE: A copy of the report that was considered by the Strategy and Resources Committee on 4th November 2019 is attached).        

Additional documents:

Minutes:

Council considered the Mid Year Treasury Management Review report to the Strategy and Resources Committee on 4th November 2019 (circulated previously).

77a

Report of the Policy Development Committee pdf icon PDF 137 KB

To receive the report of the Policy Development Committee held on 14th November 2019 (to follow).

Minutes:

Council noted the Policy Development Committee’s report on the Mid Year Treasury Management Review (circulated previously).

 

77b

Report of meeting of the Strategy and Resources Committee pdf icon PDF 6 KB

To receive the report of the meeting of the Strategy and Resources Committee held on 4th November 2019 (to follow).

 

Minutes:

Councillor Prowse, Vice-Chair of the Strategy and Resources Committee reported the recommendations of the Strategy and Resources Committee on the Mid Year Treasury Management Review (circulated previously).

 

It was moved by Councillor Prowse and seconded by Councillor Yabsley that “minute 61 of the meeting of the Strategy and Resources Committee on 4th November 2019 be adopted”.

 

RESOLVED that minute 61 of the meeting of the Strategy and Resources Committee on 4th November 2019 be adopted.

78.

Amendment to Constitution pdf icon PDF 249 KB

Report by Senior Solicitor (attached).

Minutes:

Council considered a report by the Monitoring Officer (circulated previously) regarding changes to the Constitution.

 

It was moved by Councillor Barker and seconded by Councillor Roome that the recommendations in the report be adopted.

 

RESOLVED:

 

(a)

That the amended Officer Employment Rules attached as an Appendix to the report be adopted as part of the Constitution;

 

(b)

That reference to Chief Officers be removed from the Functions of the Appointments Committee under Annexe 1 of Part 3 of the Constitution;

 

(c)

That paragraph 3.16 of the Scheme of Officer Delegations is amended to:-

“To appoint, discipline and/or dismiss officers in accordance with Council policies and procedures, including the power to nominate any other officer to undertake such powers, except where that power is reserved to a Committee or to Full Council under the Officer Employment Procedure Rules set out within Part 4 of the Constitution.”;

 

(d)

That the Contract Procedure Rules be amended by the addition of the wording detailed in paragraph 4.6 of the report.

 

79.

Braunton Marsh Internal Drainage Board

In pursuance to minute 28 (a) (iii) of the meeting held on 24th July 2019, to consider the appointment of up two Members to the Braunton Marsh Internal Drainage Board. 

 

(NOTE: Paragraph 5 of Schedule 1 of the Land Drainage Act 1991 states that:

 “In appointing a person to be a member of an internal drainage board a charging authority shall have regard to the desirability of appointing a person who—

(a) has knowledge or experience (including knowledge of the internal drainage district in question or commercial experience) of some matter relevant to the functions of the board; and

(b) has shown capacity in such a matter.”)

Minutes:

Councillor Chesters declared a personal interest as Chair of the Braunton Marsh Internal Drainage Board.

 

It was moved by Councillor Chesters and seconded by Councillor Barker “that Councillor Crabb be appointed to the Braunton Marsh Internal Drainage Board for the life of Council”.

 

It was moved by Councillor Walker and seconded by Councillor Worden “that Councillor Wilkinson be appointed to the Braunton Marsh Internal Drainage Board for the life of Council”.

 

RESOLVED that Councillors Crabb and Wilkinson be appointed to the Braunton Marsh Internal Drainage Board for the life of Council.

 

80.

Heart of the South West Joint Committee Governance Arrangements pdf icon PDF 245 KB

Report by Chief Executive (attached).

Additional documents:

Minutes:

Councillor Davis declared a personal interest as she had been appointed to the Heart of the South West Joint Committee by the Exmoor National Park Authority.

 

Council considered a report by the Chief Executive (circulated previously) regarding the Heart of the South West Joint Committee Governance Arrangements.

 

In response to a question, the Chief Executive advised that he would clarify whether there were any vacancies on the Heart of the South West Joint Scrutiny Committee and would advise Councillors accordingly.

 

Councillor Worden declared a personal interest as the Council appointed representative on the Heart of the South West Joint Committee.

 

It was moved by Councillor Lane and seconded by Councillor D. Spear that the recommendations in the report be adopted.

 

RESOLVED:

 

(a)

That the amendments (shown in italics) to the Committee’s list of functions in the Arrangements document (Appendix A) of the report be approved;

 

(b)

That the updated budget position for 2019/20 be noted; and

 

(c)

That the appointment of Somerset County Council as the administering authority until 22nd January 2022 be agreed.

 

81.

Minutes of Committees

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

 

81a

Licensing and Community Safety Committee pdf icon PDF 205 KB

(i)         8th October 2019

Minutes:

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

 

(i)

8th October 2019

 

81b

Planning Committee pdf icon PDF 197 KB

(i)         4th October 2019

 

(ii)        9th October 2019

Additional documents:

Minutes:

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

 

(i)

4th October 2019

 

(ii)

9th October 2019

 

81c

Policy Development Committee pdf icon PDF 198 KB

(i)         15th October 2019

 

(ii)        14th November 2019 (to follow).

Additional documents:

Minutes:

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

 

(i)

15th October 2019

 

(ii)

14th November 2019

 

81d

Strategy and Resources Committee pdf icon PDF 187 KB

(i)         7th October 2019

 

            (A)       Minute 44: Civil Penalty Notice Policy – Housing and Planning Act 2016

            (B)       Minute 45: NDC’s Homelessness Review and Strategy

            (C)       Minute 47 (d): Approval and Release of Section 106 Public Open Space Funds – Bishops Nympton, Heasley Mill and Fremington

 

(ii)        4th November 2019 (to follow)

 

            (A)       Minute 66 (b): Approval and Release of Section 106 Public Open Space Funds – Heanton Punchardon and South Molton

Additional documents:

Minutes:

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

 

(i)

7th October 2019

 

(A) Minute 44: Civil Penalty Notice Policy Housing and

Planning Act 2016

(B) Minute 45: NDC’s Homelessness Review and Strategy

(C) Minute 47 (d): Approval and Release of Section 106 Public Open Space Funds Bishops Nympton, Heasley Mill and Fremington

 

(ii)

4th November 2019

 

(A) Minute 66 (b): Approval and Release of Section 106 Public

Open Space Funds Heanton Punchardon and South Molton