Agenda and minutes

Minutes of the meeting held on 15 May 2019 (previously circulated).

RESOLVED that the minutes of the meeting held on 15 May 2019 be signed as a correct record.

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

There was no item raised as a matter of urgency.

The Leader will update the Cabinet on Devon’s Climate Declaration, a copy of which is attached to the agenda.

(Councillors Connett, Hannaford and Hodgson attended in accordance with Standing Order 25(2) and spoke to this item).

The Chair firstly congratulated Jennie Stephens (Chief Officer for Adult Care and Health) for becoming a Member of the Order of the British Empire (MBE) in the Queens New Year’s Honours List for her Services to Social Care.

Second, the Chair updated the Cabinet on Devon’s Climate Declaration, a copy of which was attached to the agenda.

This was a ten-point plan, prepared by a consortium of public, private and voluntary organisations collaborating through a Devon Climate Emergency Response Group, setting out an ambition to tackle climate change that covered all of Devon, including those who lived, worked in and visited the County, and those businesses who were based or operated in Devon.

The declaration highlighted the significant implications of climate change for communities, affecting the environment, infrastructure, economy and health & wellbeing and impact on future generations. There was a commitment to review plans to reduce the Council’s carbon emissions and to publicly report carbon emissions annually as well as implementing a plan to facilitate the reduction of Devon’s production and consumption emissions to meet IPCC recommendations (at the latest) and reporting on progress of delivery.

The transformational change required was also outlined in terms of potential solutions (to name but a few) of more renewable, decentralised and smart energy systems, energy-efficiency measures in existing buildings, travelling less, use less and re-use more, divesting from fossil fuels, reducing food waste, agricultural practices, encouraging carbon storage and calling on Government to prioritise decarbonisation and adaptation within decision making.

The declaration also challenged every organisation, business, community and individual to do the same.

The Cabinet Member for Community, Public Health, Transportation and Environmental Services highlighted that the County Council had made budget provision of £250,000 and the University of Exeter had contributed a further £150,000 to the pot.

It was MOVED by Councillor Hart, SECONDED by Councillor Croad and

RESOLVED that Cabinet fully support and endorse the declaration, circulated with the agenda, and that Devon County Council becomes a signatory to the declaration.

There was no petition received from a Member of the Public or the Council.

There was no question from a Member of the Council.

Report of the Chief Officer for Communities, Public Health, Environment and Prosperity on the Devon Youth Service invitation to tender and authority to award a contract, attached.

An Impact Assessment is also attached for the attention of Members at this meeting.

(Councillors Connett, Dewhirst, Hannaford, Hodgson and Whitton attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet considered the Report of the Chief Officer for Communities, Public Health, Environment and Prosperity on the Devon Youth Service invitation to tender and authority to award a contract, circulated prior to the meeting in accordance with regulation 7(4) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.

The Report highlighted that the Council’s contract with DYS Space Ltd for youth services was due to expire on 31 January 2020, after a three-year period. The current contract had been awarded following a tender process restricted to mutuals. Representations were made at a ‘market warming’ event with potential bidders on 15th May 2019 to extend the current contract by two months in order to allow more time for smaller providers to explore banding together in order to bid. DYS Space was willing to continue to provide the service until 31 March 2020 so there was a fixed deadline of 1 April 2020 to conclude the retender.

Currently, DYS Space had nine buildings in its portfolio with eight Youth and Community Centres (Barnstaple, Bideford, Exeter, Exmouth, Newton Abbot, Okehampton, Tiverton, and Totnes) which were bases for open access youth work as well as being used as a base for targeted and outreach youth work. There was also a building in Dawlish to support its work with young people in mainstream schools who were at risk of permanent exclusion.

The Report outlined that young people faced increasingly complex challenges (for example, county lines, knife crime and sexual exploitation) but also that Government was considering new requirements for Local Authorities in terms of an offer that would contain both a universal and targeted element. 

The Report proposed there was not fundamental change to the current model of youth service provision and listed a number of key components that any new provision should contain, highlighted in the final recommendation below. The successful provider(s) would be required to continue to operate out of the existing eight youth hubs (although this would be continuously reviewed against the needs of young people) and the Dawlish facility continued to be available. It was also expected there would be a (temporary) presence in Cranbook and Sherford until a permanent facility could be built and handed over to town councils.

The Report outlined the procurement timeline, highlighting the timetable was tight and did not allow for a ‘root and branch’ review of youth services. It was proposed this commenced when a provider was confirmed to inform the future development of the service. The Children’s Scrutiny Committee had indicated its willingness to work with commissioners on such a review.

A budget of £1.788m had been identified to support the tender and current intentions were to award the contract on a rising fixed-fee[1]. It was also recommended the Council awarded a 5-year contract (on a 3 + 2 basis).

The Report and proposal had been  ...  view the full minutes text for item 359.

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

(a)   Free Personal Care (Cllr Biederman)

(b)   10 Point Green Action Plan (Councillor Wright)

(c)   Community Waste Reduction and Recycling Organisations (Councillor Hodgson)

(a) Free Personal Care

(Councillors Connett, Dewhirst, Hannaford, Hodgson, Whitton and Wrightattended in accordance with 25(2) and spoke to this item).

Devon County Council notes that over a million older people in England are struggling with unmet care needs and believes that in light of an ageing population we need bold changes to deliver a long term funding solution for social care.

Devon County Council believes that it is fundamentally unfair that to access basic care many older people face catastrophic costs that can run into hundreds of thousands of pounds, wipe out a lifetime of savings, and force families to sell their homes.

Devon County Council also believes that England’s care system needs major reform to provide a long-term sustainable funding solution and to make care free at the point of use.

Devon County Council therefore supports Independent Age’s call for the introduction of free personal care for all older people in England, alongside a new social care contribution to fully fund the policy on a sustainable basis.

Devon County Council calls on the Government to take the necessary steps to implement this policy as swiftly as possible to end the care crisis and properly support older people in Devon.

Devon County Council also calls on our local MP(s) to support the campaign for free personal care, and to speak up in favour of the policy in the House of Commons and through their wider engagements.

Members considered the Officer’s factual briefing note on the matter (CSO/19/14) which referred to the types of non-chargeable short-term support provided by the Council, provision of aids and minor housing adaptions, the aims of the Promoting Independence Policy, the rating of the Care Quality Commission for community care services and domiciliary care agencies across Devon. It also highlighted that the future of adult social care was an on-going national issue and that the anticipated Green Paper was expected to set out Government proposals for how adult social care would be funded and delivered, including ensuring a sufficient workforce. The Council would respond to any proposals and ensure that Members across the Council were engaged and had opportunities to contribute.

The Cabinet considered the recommendation now before them and any other relevant factors (e.g. public health, financial, environmental, risk management and equality and legal considerations and Public Health impact):

it was MOVED by Councillor Hart, SECONDED by Councillor Leadbetter, and

RESOLVED 

(a) that the Council urges the Government to publish the Adult Social Care Green Paper without further delay and, furthermore, responds to the proposals in that Green Paper when it is published and ensures that Members across the Council are engaged and can contribute to such an important issue; and

(b) that the Cabinet Member for Adult Social Care and Health Services, continue his dialogue with Devon MPs to lobby central Government for the health and care arrangements, including the workforce requirements, that are in the best interests of all adults in Devon regardless of their age or specific health and care  ...  view the full minutes text for item 360.

In accordance with the Council's Public Participation Rules, the Leader and relevant Cabinet Members responded to 13 questions from members of the public on the climate crisis and the transport budget for active transport, pension fund investments and Unison’s ‘Divest from Carbon Campaign’, procurement policies and supporting the local economy, the Climate Emergency Response Group (DCERG) and working with RegenSW on a Renewable Energy Strategy, the Council’s work with schools on  energy-efficient buildings and on-site renewable energy generation, public transport provision and accessibility and affordability to reduce emissions, assurances of the safety of 5G technology and risk assessments, health effects of the introduction of 5G technology, duty of care regarding 5G technology, the position with the roll-out of 5G in Devon, environmental and risk analysis assessments relating to 5G inception, work with providers of public transport to promote the use of renewable energy generation and the County Council’s position on 5G roll-out in Devon.

A copy of the questions would be sent to those who were not present at the meeting.

The Leader and Cabinet Members also responded orally to supplementary questions arising from the above.  

[NB: A copy of the 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]

Minutes of the bodies shown below are circulated herewith for information or endorsement as indicated therein:

[NB: Minutes of County Council Committees are published on the Council’s Website:

Minutes of the Devon Education (Schools) Forum:  

Minutes of the South West Waste Partnership

Minutes of the Devon & Cornwall Police & Crime Panel

It was MOVED by Councillor Hart, SECONDED by Councillor McInnes, and

RESOLVED that the Minutes of the following and any recommendations to Cabinet therein be approved:

Farms Estate Committee - 20 May 2019

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 attached.

The Registers of Decisions taken by Members and property transactions approved by NPS under the urgency provisions or delegated powers were 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 decisions taken since the last meeting had been published with the Agenda for this meeting. 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/.

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://democracy.devon.gov.uk/mgListPlans.aspx?RPId=133&RD=0&bcr=1 ]

In accordance with the Council’s Constitution, the Cabinet reviewed the Forward Plan and determined those items of business to be defined as key and framework decisions and included in the Plan from the date of this meeting onwards reflecting the requirements of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 (at http://democracy.devon.gov.uk/mgListPlans.aspx?RPId=133&RD=0).

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 a third party 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.

It was MOVED by Councillor Hart, SECONDED by Councillor Davis, and

RESOLVEDthat 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 a third party 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.

[An item to be considered by the Cabinet in accordance with the Cabinet ProcedureRules 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).

Report of the Head of Economy, Enterprise and Skills (EES/19/3),attached. 

(An item taken under Section 100A(4) of the Local Government Act 1972 during which the press and public were excluded, no representations having been received to such consideration under Regulation 5(5) of the  Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012).

(Councillors Connett, Hannaford, Randall-Johnson and Whitton attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet considered the Report of the Head of Economy, Enterprise and Skills (EES/19/3) on the Skypark Development Partnership, Clyst Honiton, circulated prior to the meeting in accordance with regulation 7(4) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.

The Cabinet Member for Economy and Skills highlighted the proposals would ensure the economic development objectives for Skypark continued to be delivered and the Leader endeavoured to keep Local Members informed.

The matter having been debated and the options and/or alternatives and other relevant factors (e.g. financial, sustainability, carbon impact, risk management, equality and legal considerations and Public Health impact) set out in the Head of Service’s Report and/or referred to above having been considered:

It was MOVED by Councillor Gilbert, SECONDED by Councillor Hart, and

RESOLVED that the proposals in relation to both the future and economic development of Skypark, as outlined in the Report, be approved.