{meta} Agenda for Council on Thursday, 20th July, 2017, 2.15 pm

Agenda and minutes

Venue: Council Chamber - County Hall. View directions

Contact: Karen Strahan 01392 382264  Email: karen.strahan@devon.gov.uk

Webcast: View the webcast

Items
No. Item

18.

Honorary Aldermen: Ceremony of Conferment

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Minutes:

Pursuant to the decision taken at the Extraordinary Meeting of the Council held on 25 May 2017 to confer the title of Honorary Alderman upon former Councillors A Moulding, E Wragg, O Foggin, J Owen and R Westlake MBE the Chairman presented to each Alderman a Pendant of Office and Commemorative Scroll.

 

The Leader of the Council, Councillor Hart and Councillors Greenslade and Hannaford spoke to their nominations for Honorary Aldermen commending the eminent service they had given to the Council; remarks echoed by a number of other members of the Council. The Honorary Aldermen responded.

19.

Minutes pdf icon PDF 100 KB

To approve as a correct record and sign the minutes of the annual meeting held on 25 May 2017 and the Extraordinary meeting also held on 25 May 2017.

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Minutes:

The Chairman of the Council MOVED and it was duly SECONDED that the minutes of the annual meeting and the Extraordinary meeting also held on 25 May 2017 be signed as a correct record.

The Motion was put to the vote and declared CARRIED.

20.

Chairman's Announcements

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Minutes:

The Chairman reported that the Council’s parking team had won a prestigious award for customer service and receive the award for “best practice reporting in customer service” at the PATROL PARC Awards (Parking Annual Report Awards by Councils) which recognised the local authority had demonstrated excellence in customer service, seeking to go above and beyond in helping road users to park safely while handling appeals efficiently and clearly.

           

Members were further reminded of the essential maintenance work and ‘deep clean’ of the committee suite during August.

 

Finally, Members paid tribute to Mr Rob Hooper (Head of Democratic Services and Scrutiny), who was attending his last Council meeting, after 47 years of public sector service, for his dedication to the Council and unequivocal support to both Members and Officers.

21.

Items Requiring Urgent Attention

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Minutes:

There was no item raised as a matter of urgency.

22.

Youth Parliament

Members to receive a presentation on the role and activities of the Youth Parliament.

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Minutes:

The Cabinet Member for Children’s Services and Schools introduced Samuel Pascall and Zachary Marsh, representatives of the Devon UK Youth Parliament Team who gave a short presentation to the Council on the:

 

·         role of the United Kingdom Youth Parliament and the work undertaken by the Devon Members, nationally and locally and the current policy making process of the Youth Parliament;

 

·         organisation and work programmes of the Youth Parliament Team in representing the interests of Devon’s Young People and ensuring their views were heard and acted upon;

 

·         working with young people locally and other partners on current campaigns, particularly ‘PHHE for me’ which was about preparing young people with a curriculum for life, and

 

·         future campaigns identified including issues such as transport.

 

The Cabinet Member and the Chairman, on behalf of the Council, both expressed their gratitude to the Devon UKYP Team for all their hard work and efforts in representing and ‘sharing’ the voice of young people in Devon, the ways they could influence national and local policy making and the ways in which Members of the Council could assist them, including involvement in consultation or survey activities on issues that affected young people.

23.

Public Participation: Petitions, Questions and Representations

Petitions, Questions or Representations from Members of the public in line with the Council’s Petitions and Public Participation Schemes.

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Minutes:

There was no petition, question or oral representation received from or by any Member of the public.

 

[NB: A copy of all questions and answers are appended to these minutes and are also available on the Council’s Website at http://www.devon.gov.uk/dcc/committee/mingifs.html and any supplementary questions and answers may be observed through the webcast of this meeting – see Notes below]

24.

Petitions from Members of the Council

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Minutes:

There was no Petition received from a Member of the Council.

25.

Questions from Members of the Council pdf icon PDF 121 KB

Answers to questions from Members of the Council pursuant to Standing Order 17.

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Minutes:

In accordance with the Council’s Procedure Rules, the Leader and relevant Cabinet Members provided written responses to 8 questions submitted by Members of the Council relating to Parking Enforcement, Environmental Protection post Brexit, Bus Services in Seaton, Weeds/Highway Vegetation in Exeter, Exeter Bus Station and Fixed Penalty Notices.

 

The Leader and relevant Cabinet Members also responded orally, as appropriate, to any supplementary questions arising therefrom.

 

[NB: See also responses to Questions referred to at Minute 25 above. A copy of the questions and answers are appended to the signed minutes and any supplementary questions and answers may be observed through the webcast of this meeting – see Notes below]

26.

Cabinet Member Reports pdf icon PDF 78 KB

To consider reports from Cabinet Members.

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Minutes:

The Council received reports from the relevant Cabinet Members on matters of interest or service developments relating to their remits which had occurred since the previous meeting or were likely to have an impact in the future or on specific issues upon which they had been asked to comment, as set out below:

 

(a)        Policy & Corporate

           

Councillor Hart commented, as requested by Councillor Dewhirst, on the progress towards a fairer and more tolerant society in Devon, in light of recent comments made by an MP, outlining that the Equality Act 2010 placed a specific duty on all public authorities to give due regard to the need to eliminate discrimination, advance equality and foster good community relations; the Police led on responding to hate crimes and incidents and had recently launched a Zero Tolerance to Hate campaign.

 

(b)        Community, Public Health, Transportation and Environment

 

Councillor Croad commented, as requested by Councillor Hannaford, on the future of Police Community Support Officers in Devon, outlining that any operational decision relating to the recruitment of Police Constables or Police Community Support Officers (PCSO) was the responsibility of the Chief Constable.  Members expressed concern generally over any proposed reduction of PCSO posts.        

 

(c)        Highways Management

 

Councillor Hughes commented, as requested by Councillor Hannaford, on the roll out of Part Night Street Lighting in Exeter and the consideration of replacing with a low energy bulb alternative. He further requested that Members report any known issues and he would investigate accordingly.

 

(d)        Children’s Services and Schools

 

Councillor McInnes circulated a report, as requested by Councillor Hannaford, on the roll out of the Government’s flagship 30 free hours childcare policy. He also further updated the Council, as requested by Councillor Greenslade, on the recent Government announcement in respect of Schools Funding, welcoming the additional £1.3 billion being made available for schools, but emphasising the detail was awaited before the impact on Devon could be fully assessed.

 

(e)        Infrastructure Development and Waste

 

Councillor Davis commented, as requested by Councillor Hook, on charges for the deposition of asbestos at Recycling Centres and also responded to questions on the opening of Bridge Road scheme, including kerbs and signage.

27.

Minutes pdf icon PDF 83 KB

To receive and approve the Minutes of the under mentioned Committees:

 

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Minutes:

The Chairman of the Council MOVED and it was duly SECONDED that the Minutes of the under-mentioned meetings of Committees be approved …

 

Development Management Committee               -           7 June & 12 July 2017

Investment & Pension Fund Committee              -           16 June 2017

Audit Committee                                               -           30 June 2017

Standards Committee                                        -           3 July 2017

Procedures Committee                                      -           5 July 2017

Public Rights of Way Committee                                    -           6 July 2017

Appeals Committee                                           -           10 July 2017

 

Children’s Scrutiny                                             -           15 June 2017

Health & Adult Care Scrutiny                              -           19 June 2017

Corporate Infrastructure & Regulatory                 -           27 June 2017

Services Scrutiny

                       

The Motion was put to the vote and declared CARRIED.

28.

Royal Marines and Royal Navy Service Cuts (Minute 105 / 27 April 2017)

To receive and consider the recommendation of the Cabinet (Minute 8) relating to the following Notice of Motion submitted previously  to the County Council by former Councillor Younger-Ross and referred thereto in accordance with Standing Order 8(2); namely. 

 

‘This Council notes the announcement of the First Sea Lord, Admiral Sir Philip Jones to cut the Royal Marines by 200 personnel.

 

This Council further notes that these cuts are to be made to transfer funds to other parts of the Navy.

 

This Council recognises the important roll the Royal Marines play in defence of the UK. That they are a world class fighting force, providing a fast, flexible and mobile force and that members of the Royal Marines  make up nearly 50% of our elite fighting forces such as the SAS and SBS.

 

This Council is proud of the association Devon has with both the Royal Navy and the Royal Marines.

 

This Council is concerned that these cuts will have a detrimental effect on the defensive capabilities of the UK and calls upon the Council Leader to make representations to the Government to reconsider these proposed cuts to the Marines and to look at the priorities for the Royal Navy and how it is to be funded’.

 

Having had regard to the aforementioned, any factual briefing/position statement on the matter set out in Report CSo/17/19 and other suggestions or alternatives considered at that meeting the Cabinet subsequently resolved:

 

(i) that, in accordance with Standing Orders 6 & 8, the County Council be recommended to note the Notice of Motion, acknowledging that while the proposed changes alone may not impact significantly on the local economy, it was not possible to comment on the effect they would have on the defensive capabilities of the UK; the Council should monitor the situation and reconsider its position if and when further announcements of changes are made;

(ii) that, nonetheless, representations be made to:

 

(a)  the Prime Minister and the Secretary of State, urging HM Government to maintain and retain all existing military bases in Devon to ensure the continuation of strong and robust Armed Forces, capable of delivering the range of defence, security and humanitarian services required, and

 

(b)  the Navy - as partners in the Council’s Armed Forces Covenant - seeking assurances on the impact of proposed reductions on service personnel, and their families as well as the wider community in Devon.

 

 

 

 

Additional documents:

Minutes:

(Councillor Trail declared a personal interest in this matter by virtue of being a former Marine and currently working with the Royal Marines and withdrew from the meeting during its consideration).

 

Pursuant to County Council Minute 105 of 27 April 2017 relating to the Notice of Motion set out below as previously submitted and formally moved and seconded by Councillor Younger Ross that: 

                                   

This Council notes the announcement of the First Sea Lord, Admiral Sir Philip Jones to cut the Royal Marines by 200 personnel.

 

This Council further notes that these cuts are to be made to transfer funds to other parts of the Navy.

 

This Council recognises the important roll the Royal Marines play in defence of the UK. That they are a world class fighting force, providing a fast, flexible and mobile force and that members of the Royal Marines  make up nearly 50% of our elite fighting forces such as the SAS and SBS.

 

This Council is proud of the association Devon has with both the Royal Navy and the Royal Marines.

 

This Council is concerned that these cuts will have a detrimental effect on the defensive capabilities of the UK and calls upon the Council Leader to make representations to the Government to reconsider these proposed cuts to the Marines and to look at the priorities for the Royal Navy and how it is to be funded.

 

and having had regard to the advice of the Cabinet set out in Minute 8a of 31 May 2017:

 

Councillor Hart MOVED and Councillor Clatworthy SECONDED that the Cabinet’s advice be accepted and that the Notice of Motion be noted, acknowledging that while the proposed changes alone may not impact significantly on the local economy, it was not possible to comment on the effect they would have on the defensive capabilities of the UK; the Council should monitor the situation and reconsider its position if and when further announcements of changes are made but  nonetheless, representations be made to:

 

(a) the Prime Minister and the Secretary of State, urging HM Government to maintain and retain all existing military bases in Devon to ensure the continuation of strong and robust Armed Forces, capable of delivering the range of defence, security and humanitarian services required, and

 

(b) the Navy - as partners in the Council’s Armed Forces Covenant - seeking assurances on the impact of proposed reductions on service personnel, and their families as well as the wider community in Devon.

 

The amendment in the name of Councillor Hart was then put to the vote and declared CARRIED and subsequently thereafter also CARRIED as the substantive motion.

29.

Paris Accord on Climate Change

Councillor Hook to move:

 

"The people of Devon, along with vast numbers of people around the globe, were dismayed at the pronouncement from President Trump that he was pulling America out of the Paris Accord on Climate Change. This is a move that will impact negatively on all residents of this planet and is a step back in time. Climate Change is the single biggest threat to mankind, and the policies now to be followed by President Trump will cause it to accelerate. His policies will also undermine the health of the planet and the people who are sustained by the planet. Pollution of water and air are already killing hundreds of thousands prematurely.

 

This Council condemns President Trump for the action he has taken and will join with others from around the world in conveying to him this error of judgement on his part and request an early reconsideration and reversal of this decision."

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Minutes:

Councillor Hook MOVED and Councillor Greenslade SECONDED

 

"The people of Devon, along with vast numbers of people around the globe, were dismayed at the pronouncement from President Trump that he was pulling America out of the Paris Accord on Climate Change. This is a move that will impact negatively on all residents of this planet and is a step back in time. Climate Change is the single biggest threat to mankind, and the policies now to be followed by President Trump will cause it to accelerate. His policies will also undermine the health of the planet and the people who are sustained by the planet. Pollution of water and air are already killing hundreds of thousands prematurely.

 

This Council condemns President Trump for the action he has taken and will join with others from around the world in conveying to him this error of judgement on his part and request an early reconsideration and reversal of this decision."

 

In accordance with Standing Order 6(6) the Notice of Motion was referred, without discussion, to the Cabinet for consideration.

30.

Outturn Surplus and Re-allocation of Funds

Councillor Greenslade to move:

 

‘(1) that the County Council notes that earmarked reserves at outturn for 2016/17, excluding carry forwards, increased in year by £15,299 m with no spending being made against the reserves for budget management, business rates risk, emergency, and on street parking in 2016/17.

 

Accordingly County Council agrees to compensate all school budgets, which had suffered a £33 per pupil cut in 2017/18, by the equivalent of the loss in their budgets consequent upon this decision taken in setting the County Council’s budget for 2017/18.

 

The cost of this action, approx £2.2m, be met from the earmarked reserve for budget management.

 

(2) that the County Council organises a round table at which representatives of the Devon schools community debate with all the MP’s representing new Devon the issue of future school funding including a revised schools funding formula.’

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Minutes:

Councillor Greenslade MOVED and Councillor Way SECONDED that in accordance with Standing Order 6(6), the Notice of Motion submitted by Councillor Greenslade be considered at this meeting.

 

The Motion was put to the vote and declared LOST.

 

Councillor Greenslade then MOVED and Councillor Way SECONDED

 

‘(1) that the County Council notes that earmarked reserves at outturn for 2016/17, excluding carry forwards, increased in year by £15.299m with no spending being made against the reserves for budget management, business rates risk, emergency, and on street parking in 2016/17.

 

Accordingly County Council agrees to compensate all school budgets, which had suffered a £33 per pupil cut in 2017/18, by the equivalent of the loss in their budgets consequent upon this decision taken in setting the County Council’s budget for 2017/18.

 

The cost of this action, approx £2.2m, be met from the earmarked reserve for budget management.

 

(2) that the County Council organises a round table at which representatives of the Devon schools community debate with all the MP’s representing new Devon the issue of future school funding including a revised schools funding formula.’

 

In accordance with Standing Order 6(6) the Notice of Motion was referred, without discussion, to the Cabinet for consideration.

31.

Police & Crime Commissioner

Councillor Dewhirst to move:

‘Devon County Council is extremely alarmed at the proposal by the Police and Crime Commissioner, Alison Hernandez, to drastically reduce the number of PCSOs, the eyes and ears of the force.   At a recent consultation by South Devon and Dartmoor Community Safety Partnership, Neighbourhood Watch Co-ordinators, Parish, Town and Borough Councillors, District Councillors and County Councillors described the proposed changes as “dangerous”.   Members are hearing reports from constituents of massive increases in low-level crime in our towns, villages and rural areas.

Additionally there is a general concern that the Police and Crime Commissioner is unfit and unsuitable for her job after making tactless comments about being “really interested” in licensed firearm owners being allowed to act during terrorist incidents.   We endorse Deputy Chief Constable Paul Netherton’s view that “Under no circumstances would we want members of the public to arm themselves with firearms”.

This Council believes that the Police and Crime Commissioner is wrong to propose reductions in Neighbourhood Policing, that proposals to utilise domestically owned firearms is a crass and inadequate response to mounting concerns about police cuts and that her proposal to appoint a Deputy Police and Crime Commissioner is an appointment that is just not needed in these cash-strapped times.

We therefore request the Chief Executive to contact the Home Secretary requesting she use whatever powers may be available to remove Ms Hernandez from office allowing Devon and Cornwall Police to continue the fight against crime at all levels and that Members of Devon County Council show their lack of support for the Police and Crime Commissioner by voting “No Confidence” in her office’.

Additional documents:

Minutes:

Councillor Dewhirst MOVED and Councillor Greenslade SECONDED that in accordance with Standing Order 6(6), the Notice of Motion submitted by Councillor Dewhirst be considered at this meeting.

 

The Motion was put to the vote and declared LOST.

 

Councillor Dewhirst then MOVED and Councillor Greenslade SECONDED

‘Devon County Council is extremely alarmed at the proposal by the Police and Crime Commissioner, Alison Hernandez, to drastically reduce the number of PCSOs, the eyes and ears of the force.   At a recent consultation by South Devon and Dartmoor Community Safety Partnership, Neighbourhood Watch Co-ordinators, Parish, Town and Borough Councillors, District Councillors and County Councillors described the proposed changes as “dangerous”.   Members are hearing reports from constituents of massive increases in low-level crime in our towns, villages and rural areas.

Additionally there is a general concern that the Police and Crime Commissioner is unfit and unsuitable for her job after making tactless comments about being “really interested” in licensed firearm owners being allowed to act during terrorist incidents.   We endorse Deputy Chief Constable Paul Netherton’s view that “Under no circumstances would we want members of the public to arm themselves with firearms”.

This Council believes that the Police and Crime Commissioner is wrong to propose reductions in Neighbourhood Policing, that proposals to utilise domestically owned firearms is a crass and inadequate response to mounting concerns about police cuts and that her proposal to appoint a Deputy Police and Crime Commissioner is an appointment that is just not needed in these cash-strapped times.

We therefore request the Chief Executive to contact the Home Secretary requesting she use whatever powers may be available to remove Ms Hernandez from office allowing Devon and Cornwall Police to continue the fight against crime at all levels and that Members of Devon County Council show their lack of support for the Police and Crime Commissioner by voting “No Confidence” in her office’.

 

In accordance with Standing Order 6(6) the Notice of Motion was referred, without discussion, to the Cabinet for consideration.