Agenda and minutes

To approve as a correct record and sign the minutes of the meeting held on 7 December 2017.

The Chairman of the Council MOVED and it was duly SECONDED that the minutes of the meeting held on 7 December 2017 be signed as a correct record.

The Motion was put to the vote and declared CARRIED.

The Chair reported on the recent sad passing of former County Councillor and Leader of the Council David Morrish, who had served as a Councillor for 31 years representing the Heavitree and Wonford areas. He had also been a City Councillor for 28 years.

A minute silence was held as a mark of respect and to pay tribute to Mr Morrish.

The Chair further announced the forthcoming retirement of John Smith, the Council’s Head of Organisational Development. The Council thanked Mr Smith for all he had done to contribute to the success and strength of the Council and wished him well.

There was no item raised as a matter of urgency.

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

There was no petition or question received from a Member of the public.

In accordance with the Council's Public Participation Rules, the Council received and acknowledged verbal representations made by Ms A Simmons in support of Councillor Shaw’s Notice of Motion on Brexit, the single market and customs union, later on the agenda for the meeting. The Chair responded, thanking Ms Simmons for her contribution.

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

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

In accordance with the Council’s Procedure Rules, the Leader and relevant Cabinet Members and Committee Chairs provided written responses to 18 questions submitted by Members of the Council relating to whether there was any impact on the pension scheme as a result of the recent collapse of Carillion, numbers of machines for painting lines/markings on the highway, the performance management of the new highways contract, figures on the outstanding numbers of potholes and any reinstatement failures, the numbers of claims made for damage to vehicles arising from potholes and road defects, the Lengthsmen service and employment figures, the Council’s highways maintenance contractor and Pothole Action Fund schemes, adoption of new roads in Teignbridge, S38 agreements, the period of time for road adoption, any actions that could speed up the process for roads adoption including the involvement of other parties, any required legislative changes, and the  Council’s response to the Department for Transport Advice Note on Highways Adoptions (April 2017). Other questions related to the Joint Local Plan (2014 – 2034) and provision for roadside residents and lastly the position of the Chair of the Council.

The Leader, relevant Cabinet Members and Chairs of Committee also responded verbally, as appropriate, to any supplementary questions arising therefrom.

[A copy of the questions and answers are appended to the minutes and any supplementary questions and answers may be observed through the webcast of this meeting]

To receive and approve the Treasury Management Strategy, as endorsed by the Corporate Infrastructure and Regulatory Services Scrutiny Committee on 31^st January 2018 (Minute *49) and due to be considered by Cabinet on 9 February 2018.

The Council considered the recommendations of the Cabinet and Corporate Infrastructure and Regulatory Services Scrutiny Committee held on 9 February and 31January 2018 respectively relating to the adoption by the County Council of the proposed Treasury Management Strategy for 2018/19, prior to determination of the budget for that year.

The Leader of the Council MOVED and Councillor Clatworthy SECONDED that the recommendation of the Cabinet and of the Corporate Infrastructure and Regulatory Services Scrutiny Committee be approved and the Treasury Management and Investment Strategy for 2018/19 commended at Minutes 125 and *49 of the above respectively, be endorsed.

The motion was put to the vote and, nem con, declared CARRIED.

(a)  In the exercise of its Public Sector Equality Duty, as set out below, the County Council must have full regard to and consider the impact of any proposals in relation to equalities prior to making any decisions and any identified significant risks and mitigating action required.  The overview of the impact assessments for all service areas entitled ‘2018/19 Budget Impact Assessment’  has been circulated separately and is available to all Members of the Council for consideration under this item (alongside any specific equality impact assessments undertaken as part of the budget’s preparation) at https://new.devon.gov.uk/impact/published/budget-impact-assessment-201819/

(b) To receive and approve the Report of the County Treasurer (CT/18/11) together with the Minutes of the Cabinet held on 9th February 2018 relating to the budget and the Minutes of the Corporate Infrastructure and Regulatory Services Committee, containing all Scrutiny Budget Resolutions from 31^st January 2018, attached.

The Report of the County Treasurer and Cabinet Minutes will follow.

[All Members of the Council had been granted a dispensation to allow them to speak and vote in any debate on the setting of the Council Tax or Precept or any fees and charges arising therefrom as a consequence of simply being a resident of or by virtue of being a resident of or a land, business or property owner in the administrative County of Devon or by being a County Council representative on a local authority company or  joint venture or by being a parent or guardian of a child in a school on any matter relating to school meals and school transport, or in relation to being an approved foster parent, providing placements for the Council’s Children in Care or in relation to the setting of members’ allowances or as a parent or a guardian of a child in care or in receipt of statutory sick pay or a state pension.]. 

(Councillor Atkinson declared a personal interest in this item by virtue of being a Devon County Council representative on Citizens Advice Exeter)

The Council considered the recommendations of the Cabinet held on 9 February 2018 relating to the Revenue Budget for 2018/19, the Medium Term Financial Strategy to 2021/22 and the Capital Programme 2018/19-2022/23 as set out at Minute 125 of that meeting, together with the Report of the County Treasurer (CT/18/11) which included an assessment of the adequacy of reserves, a range of prudential indicators concerning the financial implications of the capital programme and an assessment of the risks associated with the budget strategy and how those would be managed, comprising in detail:

Introduction

Appendix A       -           Specimen Statement on Robustness of Budget Estimates &

adequacy of the County Council Reserves

Appendix B       -           Revenue Budget 2018/19

Appendix C       -           Summary Revenue Budget 2018/19

Appendix D       -           Medium Term Financial Strategy 2018/19 -2021/22

Appendix E       -           Risk Analysis of Volatile Budgets

Appendix F       -           County Fund Balance and Earmarked Reserves for 2018/19

Appendix G       -           Capital Programme 2018/19 - 2022/23

Appendix H       -           Treasury Management Strategy & Prudential Indicators 2018/19 –

2022/23

Appendix I        -           Fees and Charges

The County Treasurer’s Report (CT/18/11) and accompanying detailed service budgets and spending plans incorporated additional spending in the sum of £6.5millions for Highways, as suggested by the Council’s Scrutiny Committees and also £2.2millions for adult care support services, as proposed at the Cabinet on 9 February 2018.

The Council also had before it the overview of impact assessments relating to the 2018/19 budget; which had been circulated and drawn to the attention of all Members of the Council for the purposes of the consideration of the budget by Scrutiny Committees, by the Cabinet and by this County Council. This was in order that Members might have access to all necessary equality impact assessments, including specific impact assessments undertaken as part of the budget’s preparation so that they might, in turn, have full regard to the responsibilities placed upon the Council to exercise its Public Sector Equality Duty in considering the  ...  view the full minutes text for item 74.

To receive and approve the Councils Pay Policy Statement, as recommended by the Appointments and Remuneration Committee (15 January 2018) (Minute 36), attached.

The Council considered the recommendations of the Appointments & Remuneration Committee held on 15 January 2018 relating to the adoption by the County Council of the proposed Pay Policy Statement for 2018/19.

The Leader of the Council MOVED and Councillor Clatworthy SECONDED that the recommendations of the Appointments & Remuneration Committee be approved and that the Pay Policy Statement for 2018/19 (and consequential changes to the Council’s Constitution) as set out at Minute 36 of that Committee be endorsed and the Constitution amended accordingly.

The motion was put to the vote and, nem con, declared CARRIED.

To consider reports from Cabinet Members.

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 Shaw on the request and refusal of permission for the Devon for Europe campaign to use the grounds of County Hall for a rally on 24th March 2018 and also responded to questions on peaceful protests and the use of the campus generally.

(b)        Adult Social Care and Health Services

Councillor Leadbetter circulated a report, as requested by Councillor Hannaford on Continuing Health Care Funding and also on progress being made to develop Wellbeing Hubs across Devon, as asked for by Councillor Aves. He further reported on Accountable Care Organisations, as requested by Councillor Greenslade.

With regard to Continuing Health Care Funding, it was noted that the CCGs and Adult Social Care had agreed joint practice guidance, process and training, meaning that people in Devon should receive an appropriate package of support whilst any issues relating to CHC funding were resolved.

The Cabinet Member added that, in respect of Wellbeing Hubs, the Council worked in partnership with the NHS in its approach to community wellbeing and that the Hubs were part of a wider programme of development of community services. Examples given included

CoLab in Exeter, Torrington Hub, the Budleigh Salterton Health and Wellbeing Hub and progress on new centres in Chudleigh, Bovey Tracey, Teignmouth, Ashburton and Dartmouth.

On accountable care systems the Cabinet Member referred to a recently circulated briefing note for all Members of the Council, which gave an explanation of Integrated Care Systems and collaborative working between a range of health and social care organisations, in terms of sharing working practices such as budgets, staff and resources where appropriate. The Cabinet Member clarified the work in terms of an Integrated Care System rather than an Integrated Care Organisation.

(c)        Highways Management

Councillor Hughes commented, as requested by Councillor Connett on the planned improvements to the environment and enhancing safety for all road users Powderham, progress on improving the A379 through Starcross to better manage traffic flows, the assessment of Mamhead Road for increased use by light traffic, and the potential to impose a weight restriction or ban 'non access' HGVs from the route and the increase in traffic using Doctors Walk and Balls Farm Road and action of the Council to ensure it was a safe route for children and cyclists.

He also responded to questions on a recent survey in respect of vehicles using Doctors Walk and Balls Farm Road.

(d)        Infrastructure Development and Waste

Councillor Davis circulated a report, on subjects requested by Councillor Connett on the

Bridge Road completion of works and those still to be undertaken, the delayed provision of the planned Marsh Barton Rail Station and the impact  ...  view the full minutes text for item 76.

To receive and approve the Minutes of the under mentioned Committees

The Chair of the Council MOVED and it was duly SECONDED that the Minutes of the under-mentioned meetings of Committees be approved, including changes to the Constitution under minutes 19 and 20 of the Procedures Committee Minutes.

Appeals Committee                                           -           11 December 2017, 8 January 2018

and 5 February 2018

Appointments & Remuneration Committee          -           15 December 2017 and 15 January

                                                                                    2018

Development Management Committee               -           24 January 2018

Procedures Committee                                      -           6 February 2018

Children’s Scrutiny (ordinary meeting)                 -           23 January 2018

Health & Adult Care Scrutiny (ordinary meeting)  -           25 January 2018

Corporate Infrastructure & Regulatory                 -           31 January 2018

Services Scrutiny (ordinary meeting)

The Motion was put to the vote and declared CARRIED.

To receive and consider the recommendations of the Cabinet (Minute 110) as an amendment to the following Notice of Motion submitted previously to the Council by Councillor Wright and referred thereto in accordance with Standing Order 8(2), namely 

‘This Council is disappointed that the Government voted to omit an important clause in EU law relating to animal sentience, as part of the Withdrawal Bill.

This Council is encouraged by the Government's subsequent clarification on its position relating to sentience and its commitment to enshrining higher animal welfare standards into UK law.

However, this Council backs calls from the British Veterinary Association to commit to an appropriate timeframe to reinstate the vital obligation in EU law in Article 13, on the STATE being responsible for animal welfare, in addition to UK law, which states that only the KEEPER of the animal is responsible’.

Having had regard to the aforementioned, any factual briefing/position statement on the matter set out in Report CSO/18/3 and other suggestions or alternatives considered at that meeting the Cabinet subsequently resolved:

a) that the Council be recommended to write to the Secretary of State (Michael Gove) stating that it is encouraged by the Government's subsequent clarification on its position relating to sentience and its commitment to enshrining higher animal welfare standards into UK law;

(b) that the Council notes the subsequent publication of the draft Animal Welfare (Sentencing and Recognition of Sentience) Bill; and

(b) that, as a predominantly rural area where farming and agriculture are of critical importance to the local economy, the Council strongly backs the calls from the British Veterinary Association and others to commit to an appropriate timeframe giving certainty to the reinstatement of the protocol in Article 13; not only recognising animal sentience but also enshrining a duty of responsibility on the state for animal welfare.

Pursuant to County Council Minute 63 of 7 December 2017 relating to the Notice of Motion set out below as previously submitted and formally moved and seconded by Councillor Wright that:

This Council is disappointed that the Government voted to omit an important clause in EU law relating to animal sentience, as part of the Withdrawal Bill.

This Council is encouraged by the Government's subsequent clarification on its position relating to sentience and its commitment to enshrining higher animal welfare standards into UK law.

However, this Council backs calls from the British Veterinary Association to commit to an appropriate timeframe to reinstate the vital obligation in EU law in Article 13, on the STATE being responsible for animal welfare, in addition to UK law, which states that only the KEEPER of the animal is responsible’.

and having had regard to the advice of the Cabinet set out in Minute 110 of 10 January 2018:

Councillor Hart MOVED and Councillor Clatworthy SECONDED that the Cabinet’s amendment be accepted and that spirit of the Notice of Motion be approved and;

 (a) the Council write to the Secretary of State (Michael Gove) stating that it is encouraged by the Government's subsequent clarification on its position relating to sentience and its commitment to enshrining higher animal welfare standards into UK law;

(b) that the subsequent publication of the draft Animal Welfare (Sentencing and Recognition of Sentience) Bill be noted; and

(b) that, as a predominantly rural area where farming and agriculture are of critical importance to the local economy, the Council strongly backs the calls from the British Veterinary Association and others to commit to an appropriate timeframe giving certainty to the reinstatement of the protocol in Article 13; not only recognising animal sentience but also enshrining a duty of responsibility on the state for animal welfare.

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.

To receive and consider the recommendations of the Cabinet (Minute 112) as an amendment to the following Notice of Motion submitted previously to the Council by Councillor Biederman and referred thereto in accordance with Standing Order 8(2), namely:

Devon County Council was very disappointed to see there was no help, to this council in the autumn statement with regard to Children’s Services & Social Care. Children’s Services budgets are overspent here and in 75% councils across the country, with a £2 billion shortfall in council budgets. If we are to deliver safe and effective services for vulnerable children we need to be adequately funded. The situation is very similar with Social Care.

We write a cross party letter, to Devon MP’s and the Minister signed by all group leaders expressing our concerns and urging Devon MP’s and the Government to address this growing problem for our most vulnerable young and elderly residents.

Having had regard to the aforementioned, any factual briefing/position statement on the matter set out in Report CSO/18/3 and other suggestions or alternatives considered at that meeting the Cabinet subsequently resolved; that, in recognising the considerable financial pressure placed on Local Government and also various lobbying activities undertaken by the Council in recent years, and the events planned for the new year, it is also important to maintain the impetus, therefore, in support of the Notice of Motion, Council is recommended to write a cross party letter, signed by Group Leaders, to go to Devon MPs and the Minister to highlight this growing problem for vulnerable young and elderly residents.

Pursuant to County Council Minute 66 of 7 December 2017 relating to the Notice of Motion set out below as previously submitted and formally moved and seconded by Councillor Biederman that: 

Devon County Council was very disappointed to see there was no help, to this council in the autumn statement with regard to Children’s Services & Social Care. Children’s Services budgets are overspent here and in 75% councils across the country, with a £2 billion shortfall in council budgets. If we are to deliver safe and effective services for vulnerable children we need to be adequately funded. The situation is very similar with Social Care.

We write a cross party letter, to Devon MP’s and the Minister signed by all group leaders expressing our concerns and urging Devon MP’s and the Government to address this growing problem for our most vulnerable young and elderly residents.

and having had regard to the advice of the Cabinet set out in Minute 112 of 10 January 2018:

Councillor Hart MOVED and Councillor Clatworthy SECONDED that the Cabinet’s amendment be accepted as well as the spirit of the original motion and in recognising the considerable financial pressure placed on Local Government and also various lobbying activities undertaken by the Council in recent years, and the events planned for the new year, it is important to maintain the impetus, therefore, in support of the Notice of Motion, Council will write a cross party letter, signed by Group Leaders, to go to Devon MPs and the Minister to highlight this growing problem for vulnerable young and elderly residents.

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.

To receive and consider the recommendations of the Cabinet (Minute 113) as an amendment to the following Notice of Motion submitted previously to the Council by Councillor Shaw and referred thereto in accordance with Standing Order 8(2), namely 

This County Council respects the majority vote in the Country to support leaving the European Union, but believes that the UK must secure post-Brexit arrangements which best support the economic and social wellbeing of Devon and the country as a whole. The Council therefore urges the Government to negotiate continued membership of the European Single Market and Customs Union, both of which bring considerable benefits to Devon.

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

(a) that the Council be recommended to note the opportunities and impacts from BREXIT on the Devon economy; and

(b) that the Council be assured that Cabinet will continue to assess the impacts and other implications for the Devon economy as details become more understood on the future arrangements agreed between Government and the EU Commission for trade and the labour market.

Pursuant to County Council Minute 65 of 7 December 2017 relating to the Notice of Motion set out below as previously submitted and formally moved and seconded by Councillor Shaw that: 

This County Council respects the majority vote in the Country to support leaving the European Union, but believes that the UK must secure post-Brexit arrangements which best support the economic and social wellbeing of Devon and the country as a whole. The Council therefore urges the Government to negotiate continued membership of the European Single Market and Customs Union, both of which bring considerable benefits to Devon.

and having had regard to the amendment of the Cabinet set out in Minute 113 of 10 January 2018:

Councillor Hart MOVED and Councillor Clatworthy SECONDED that the Cabinet’s amendment be accepted and that Notice of Motion be not approved at this time, namely;

(a) that the opportunities and impacts from BREXIT on the Devon economy be noted; and

(b) that the Council are assured that Cabinet will continue to assess the impacts and other implications for the Devon economy as details become more understood on the future arrangements agreed between Government and the EU Commission for trade and the labour market.

The amendment in the name of Councillor Hart was put to the vote and declared CARRIED.

Councillor Shaw then MOVED and Councillor Wright SECONDED that the Motion be amended by the addition of;

(c)   that the Council lobbies Government to secure the trade, customs and migration arrangements with the European Union which will do least damage to the economy of Devon.

Councillor Shaw then MOVED and Councillor Wright SECONDED that the vote be taken as a recorded vote.

The Motion was then put to the vote and declared LOST.

The amendment in the name of Councillor Shaw was then put to the vote and declared LOST.

The Motion in the name of Councillor Hart was then put to the vote and declared CARRIED.

Councillor Shaw to move:

‘This Council is concerned by the decision of the Devon Clinical Commissioning Groups to introduce an Accountable Care System for Devon’s NHS and adult social care services from 1st April 2018, without the full agreement of this Council.

In view of the widespread public concern over Accountable Care Systems and Accountable Care Organisations, and the decision of NHS England to hold a 12-week consultation on ACOs, this Council calls on the Devon CCGs to put the introduction of the ACS on hold until local people have been fully consulted on the plans’.

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

The Motion was put to the vote and declared LOST.

Councillor Shaw then MOVED and Councillor Wright SECONDED;

‘This Council is concerned by the decision of the Devon Clinical Commissioning Groups to introduce an Accountable Care System for Devon’s NHS and adult social care services from 1st April 2018, without the full agreement of this Council.

In view of the widespread public concern over Accountable Care Systems and Accountable Care Organisations, and the decision of NHS England to hold a 12-week consultation on ACOs, this Council calls on the Devon CCGs to put the introduction of the ACS on hold until local people have been fully consulted on the plans’.

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

Councillor Greenslade to move:

‘The County Council expresses concern at the conclusions of the Defence Select Committee report “Sunset for the Royal Marines” regarding the future strength of the Royal Marines and the implications for the economy of the county and the viability of Royal Marine bases in Devon such as those in Plymouth and at RMB Chivenor.

Devon County Council resolves to play an active part in lobbying to retain Royal Marine bases in our County’.

Councillor Greenslade MOVED and Councillor Connett SECONDED;

‘The County Council expresses concern at the conclusions of the Defence Select Committee report “Sunset for the Royal Marines” regarding the future strength of the Royal Marines and the implications for the economy of the county and the viability of Royal Marine bases in Devon such as those in Plymouth and at RMB Chivenor.

Devon County Council resolves to play an active part in lobbying to retain Royal Marine bases in our County’.

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