A meeting of the Cabinet will be held on the above date at 10.30am at County Hall, Exeter to consider the following matters.

P NORREY

Chief Executive

A G E N D A

PART I - OPEN COMMITTEE

1. Apologies for Absence

2. Minutes of the meeting held on 12 February 2016 (previously circulated).

3. Items Requiring Urgent Attention

Items which in the opinion of the Chairman should be considered at the meeting as matters of urgency.

4. Chairman s Announcements

5. Petitions

6. Question(s) from Members of the Council

7. Call-in of Cabinet Decision: Devon School Crossing Patrol Service (Minute *470/12 February 2016)

In accordance with the Scrutiny Procedure Rules, the requisite number of members (Councillors Connett, Hook, Way, Greenslade and Younger Ross) invoked the call-in procedure in relation to the decision of the Cabinet to enable the Place Scrutiny Committee to consider this matter and assess the financial implications of likely mitigation measures where patrols are withdrawn, consider the equality impact assessment and impacts of cuts in areas of social deprivation and assessment of the potential and robustness of operating models for externalisation of the school crossing patrol service.

The Scrutiny Committee will consider this call-in request at its meeting on 7 March 2016 the outcome of which will be reported to this meeting.

[NB: The Report of the Head of Planning, Transportation and Environment (PTE/16/9 - text only | pdf | supplementary information PTE/16/9) can be made available to Members upon request or is available at:

http://www.devon.gov.uk/index/councildemocracy/decision_making/cma/index_exc.htm]

Electoral Division(s): All

8. School Organisation: Sutcombe Primary School Closure

Joint Report of the Heads of Planning, Transportation Environment and Education Learning and County Treasurer (PTE/16/14 - text only | pdf | supplementary information PTE/16/14) on the outcome of consultations on the future of this School, attached (Page 1).

Electoral Division(s): Holsworthy Rural

9. A379 Sandy Park Junction, Newcourt, Exeter

Report of the Head of Planning, Transportation Environment (PTE/16/15 - text only | pdf | supplementary information PTE/16/15) seeking approval to a detailed scheme for upgrading this junction, attached (Page 10).

Electoral Division(s): All Exeter and Broadclyst Whimple

10. Budget Monitoring 2015/16

Report of the County Treasurer (CT/16/26) on the position at Month 10, attached (Page 17).

Electoral Division(s): All

OTHER MATTERS

None

STANDING ITEMS

11. Question(s) from Members of the Public

12. Notices of Motion (County Council Minute 173/18 February 2016)

The following Notices of Motion submitted to the County Council by the Councillors shown have been referred to the Cabinet in accordance with Standing Order 8(2) for consideration, to refer to another committee or make a recommendation back to the Council:

(a) Taxation (Councillor Wright)

This Council notes that:

Tax avoidance by big business is rife and the Public Accounts Committee last year criticised HMRC for not doing more to tackle the problem

Austerity measures mean that 174m funding has been cut from this council over the past five years , this year 34m will be lost - and many more millions are set to be lost in the coming years, prompting damaging service cuts

The Devon portion of avoided corporation tax could total around 380m

The practice of tax avoidance among corporate giants also has a negative effect on small and medium-sized companies who pay more tax proportionately

That tax evasion and avoidance by multinational companies is costing developing countries up to $300 bn a year, according to the IMF more than these countries receive in aid

This Council further notes:

In early 2015 new regulations required public bodies, including councils, to ask procurement qualification questions of all companies for tenders over 173,000 for service contracts and 4m for works contracts.

However, there are stricter standards available. This Council believes that bidders for council contracts should be asked to account for their past tax record, using the most rigorous possible government guidance (as in Procurement Policy Note 03/14)

This Council therefore calls for procurement procedures to be amended to require all companies bidding for council contracts to self-certify that they are fully tax-compliant in line with central government practice, using the standards in PPN 03/14, applying to contracts of the size specified above.

This Council asks the Cabinet to publicise this policy and to report on its implementation annually for the next three years.

NB. For more information about paying fairer tax, see http://www.fairtaxmark.net/for-business/

A factual briefing/background paper (BSS/16/5 - text only | pdf BSS/16/5) is attached to facilitate the Cabinet s discussion of this matter (Page 19).

(b) Guaranteeing our Rail Future: Honouring the promise to Devon (Councillor

Connett)

Great Western Railway (GWR) be congratulated on stepping forward with funding for essential Reports on the resilience of our rail networks after the Government failed to deliver on the Prime Minister s promises;

Devon County Council continues to make campaigning for rail reliance a priority

A factual briefing/background paper (PTE/16/16 - text only | pdf PTE/16/16) is attached to facilitate the Cabinet s discussion of this matter (Page 21).

13. Minutes

(a) SACRE 10 February 2016 (Page 23);

(b) Farms Estates Committee 19 February 2016 (Page 27);

(c) Devon Exeter Rail Working Party 19 February 2016 (Page 31).

[NB: Minutes of County Council Committees are published on the Council s Website at: http://www.devon.gov.uk/index/your_council/decision_making/cma/index_exc.htm ]

14. Delegated Action/Urgent Matters

The Registers of Decisions taken by Members under the urgency provisions or delegated powers will be available for inspection at the meeting in line with the Council s Constitution and Regulation 13 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012. A summary of such decisions taken since the last meeting is appended to this Agenda (Page 39).

15. Forward Plan

In accordance with the Council s Constitution, the Cabinet is requested to review the list of forthcoming business (previously circulated) and to determine which items are to be defined as key and/or framework decisions and included in the Plan from the date of this meeting.

[NB: The Forward Plan is available on the Council's website at:

http://www.devon.gov.uk/index/councildemocracy/decision_making/cabinet_committee/forward_plan.htm ]

Key Decisions

16. Living Well at Home - Outcome of Tender and Award of Contract

Report of the Head of Social Care Commissioning (SCC/16/45 - text only | pdf SCC/16/45) on the evaluation of tenders received for the provision of personal care and support, attached (Page 40).

Electoral Division(s): All

PART II ITEMS WHICH MAY BE TAKEN IN THE ABSENCE OF THE PRESS AND PUBLIC

17. Exclusion of the Press Public

Recommendation: that the press and public be excluded from the meeting for the following items of business under Section 100(A)(4) of the Local Government Act 1972 on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 3 of Schedule 12A of the Act namely, the financial or business affairs of the preferred bidder or tenderers for the provision or supply of council goods or services, and of the County Council and in accordance with Section 36 of the Freedom of Information Act 2000, by virtue of the fact that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

18. Living Well at Home - Award of Contract

[An item to be considered by the Cabinet in accordance with the Cabinet Procedure Rules and Regulation 5 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, no representations having been received to such consideration taking place under Regulation 5(5) thereof]

Report of the Head of Social Care Commissioning, attached (GOLD pages).

MEMBERS ARE REQUESTED TO SIGN THE ATTENDANCE REGISTER

Notice of all items listed above have been included in the Council s Forward Plan for the required period, unless otherwise indicated. The Forward Plan is published on the County Council's website at http://www.devon.gov.uk/cma.htm

Notice of the decisions taken by the Cabinet will be sent by email to all Members of the Council within 2 working days of their being made and will, in the case of key decisions, come into force 5 working days after that date unless 'called-in' or referred back in line with the provisions of the Council's Constitution. The Minutes of this meeting will be published on the Council's website, as indicated below, as soon as possible.

Members are reminded that Part II Reports contain exempt information and should therefore be treated accordingly. They should not be disclosed or passed on to any other person(s). Members are also reminded of the need to dispose of such reports carefully and are therefore invited to return them to the Democratic Services Officer at the conclusion of the meeting for disposal

Membership

Councillors Hart (Chairman), Barker, Clatworthy, Croad, Davis, S Hughes, Leadbetter, McInnes and Parsons.

Cabinet Member Remits

Councillors Hart (Policy Corporate), Barker (Adult Social Care Health Services), Clatworthy (Resources Asset Management), Croad (Community Environmental Services), Davis (Improving Health Wellbeing), S Hughes (Highway Management Flood Prevention), Leadbetter (Economy, Growth and Cabinet Liaison for Exeter), McInnes (Children, Schools Skills) and Parsons (Performance Engagement)

Declaration of Interests

Members are reminded that they must declare any interest they may have in any item to be considered at this meeting, prior to any discussion taking place on that item.

Access to Information

Any person wishing to inspect the Council s/Cabinet s Forward Plan or any Reports or Background Papers relating to any item on this agenda should contact Mr Hooper on 01392 382300. The Forward Plan is published on the County Council's website at http://new.devon.gov.uk/democracy/how-the-council-works/forward-plan/ Agenda, Reports and Minutes of the Cabinet are published on the Council s Website at http://www.devon.gov.uk/index/your_council/decision_making/cma/index_exc.htm

Webcasting. Recording or Reporting of Meetings and Proceedings

The proceedings of this meeting may be recorded for broadcasting live on the internet via the Democracy Centre on the County Council s website. The whole of the meeting may be broadcast apart from any confidential items which may need to be considered in the absence of the press and public. For more information go to:http://www.devoncc.public-i.tv/core/ In addition, anyone wishing to film part or all of the proceedings may do so unless the press and public are excluded for that part of the meeting or there is good reason not to do so, as directed by the Chairman. Any filming must be done as unobtrusively as possible from a single fixed position without the use of any additional lighting; focusing only on those actively participating in the meeting and having regard also to the wishes of any member of the public present who may not wish to be filmed. As a matter of courtesy, anyone wishing to film proceedings is asked to advise the Chairman or the Democratic Services Officer in attendance so that all those present may be made aware that is happening. Members of the public may also use Facebook and Twitter or other forms of social media to report on proceedings at this meeting. An open, publicly available Wi-Fi network (i.e. DCC) is normally available for meetings held in the Committee Suite at County Hall. For information on Wi-Fi availability at other locations, please contact the Officer identified above.

Questions to the Cabinet/Public Participation

A Member of the Council may ask the Leader of the Council or the appropriate Cabinet Member a question about any subject for which the Leader or Cabinet Member has responsibility. Any member of the public resident in the administrative area of the county of Devon may also ask the Leader a question upon a matter which, in every case, relates to the functions of the Council. Questions must be delivered to the Office of the Chief Executive Directorate by 12 noon on the fourth working day before the date of the meeting. For further information please contact Mr Hooper on 01392 382300 or look at our website at: http://new.devon.gov.uk/democracy/guide/public-participation-at-committee-meetings/

Emergencies

In the event of the fire alarm sounding leave the building immediately by the nearest available exit, following the fire exit signs. If doors fail to unlock press the Green breakglass next to the door. Do not stop to collect personal belongings, do not use the lifts, do not re-enter the building until told to do so.

Mobile Phones

Please switch off all mobile phones before entering the Committee Room or Council Chamber

If you need a copy of this Agenda and/or a Report in another format (e.g. large print, audio tape, Braille or other languages), please contact the Information Centre on 01392 380101 or email to: centre@devon.gov.uk or write to the Democratic and Scrutiny Secretariat at County Hall, Exeter, EX2 4QD.

Induction loop system available

Cabinet 9 March 2016

Schedule of CABINET MEMBER Decisions taken since previous meeting
Cabinet Remit/Officer	Matter for Decision	Effective Date
Resources Asset Management	Approval to variation of details to terms of the offer agreed in the original Cabinet approval for the sale of land at Monkerton	11 February 2016
	Approval to declare the former Childrens Home, Blossom Corner in Exeter surplus to requirements	17 February 2016
	Approval to transfer of 190,00 from existing budgets to Totnes Community Development Society in relation to The Mansion	19 February 2106
Children, Schools Skills	Approving an extension of existing contractual arrangements in Exeter, East and Mid Devon and to further consultations with providers, users and interested parties on the future approach to jointly commissioned services for children's centres, health visiting and support services for children with additional needs.	1 March 2016
Highway Management Flood Prevention	Approval of select list of tenderers for the design and construction of Wray Valley Trail Phase 2	22 February 2016
The Registers of Decisions will be available for inspection at meetings of the Cabinet or, at any other time, in the Democratic Services Scrutiny Secretariat, during normal office hours. Contact details shown above. In line with the Openness of Local Government Bodies Regulations 2014, details of Decisions taken by Officers under any express authorisation of the Cabinet or other Committee or under any general authorisation within the Council s Scheme of Delegation set out in Part 3 of the Council s Constitution may be viewed at https://new.devon.gov.uk/democracy/officer-decisions/