Committee Agenda

Tue Jan 13 2009

Related Documents:
minutes for this agenda

A meeting of the Executive will be held on the above date at 1.30pm at County Hall, Exeter to consider the following matters.


Chief Executive



1. Apologies for Absence

2. Minutes of the meetings held on 16 December 2008 and 2 January 2009 (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. Questions from Members of the Council


6. Adult Community Services Modernisation Programme: Transfer of In-house Service Provision to Shaw Healthcare (Minute 971/16 December 2008)

The Executive on 16 December 2008 approved proposals relating to the future transfer of in-house residential care services subject to any views or comments from the Health and Adults Services Overview/Scrutiny Committee being reported to the meeting of this Executive on 13 January 2009, prior to the Council s consideration of this matter on 19 February 2009.

A copy of the Joint Report of the Executive Director of Adult Community Services and Acting Director of Finance, IT Trading (ACS/08/23 - text only | pdf ACS/08/23) considered previously is attached, for information (Page 8).

The Health Adult Services Overview/Scrutiny Committee will consider the report of its Task Group on 8 January 2009 and the outcome of those deliberations will be reported at the meeting.

Key Decisions

7. Preparing for Carbon Trading: The Implications for Devon County Council

Report of the Executive Director of Environment, Economy Culture, the Acting Executive Director of Finance, IT Trading and Executive Director of Children Young People s Services (EEC/09/8/HQ - text onlyEEC/09/8/HQ). To follow.

Electoral Division(s): All

8. 2012 Olympics: Developing an Olympic Legacy for Devon (Minute 889/2 September 2008 and Strategic Planning, Regional International Affairs Committee, Minute 57/20 March 2008)

(a) Team Devon - Lighting the Olympic Flame in Devon

Report of the Executive Director of Environment, Economy Culture (EEC/09/9/HQ - text onlyEEC/09/9/HQ) on the work of Team Devon to develop Devon s Olympic Legacy, attached (Page 18).

(b) Support for Young Devon Athletes

Report of the Executive Director Children Young People s Services (CY/09/12 - text only | pdf CY/09/12) on proposals for the distribution of funding allocated by the Council to support young Devon athletes who demonstrate potential to participate in the 2012 Olympics, attached (Page 25).

Electoral Division(s): All

9. School Organisation: Discussions about Points of Entry to School (Minute *783/8 April 2008)

Report of the Executive Director of Children Young People s Services (CY/09/11 - text only | pdf CY/09/11) on the outcome of informal discussions previously requested by the Executive on points of entry to school, attached (Page 32).

The Executive Director of Children Young People s Services will report the views of the Devon Local Admissions Forum, which is due to consider this matter on 7 January 2009 and of the Devon Education (Schools) Forum.

Electoral Division(s): All


10. Department for Communities and Local Government: Boundary Committee Review - Future Unitary Structures

Chairman and Chief Executive to report.

Electoral Division(s): All

11. Investment in Highway Drainage Update (Minute *632/16 October 20074 September 2007)

Report of the Executive Director of Environment, Economy Culture (EEC/09/10/HQ - text onlyEEC/09/10/HQ) on the use of the additional 1.5m allocated by the Council, attached (Page 46).

Electoral Division(s): All

12. ContactPoint (Minute 935(a)/4 November 2008)

Report of the Executive Director of Children Young People s Services (CY/09/13 - text only | pdf CY/09/13) on the operation of the ContactPoint national database previously requested by the Executive. To follow.

Electoral Division(s): All

13. Draft Alcohol Strategy 2008/11 and Action Plan (Minute *936/4 November 2008)

Revised Strategy and Action Plan as previously requested, attached (Page 55).

[Kristian Tamblin ,DDAAT Manager, and Maureen Muckersie, the County Councils, Young People s Substance Misuse Lead, will attend for this item]

Electoral Division(s): All

14. Strategic Plan: Making Devon Greener

Report of the Executive Director of Personnel Performance (PP/09/4), attached (Page 97).

Electoral Division(s): All


15. Questions from Members of the Public

16. Notices of Motion

(a) Flooding in East Devon

The following Notice of Motion submitted by Councillor Giles has been referred to the Executive for consideration and report back alongside the outcome of the multi agency meeting held on 3 December 2008 and the forthcoming Report of the Environment, Economy Culture Overview/Scrutiny Committee s Task Group currently examining the implications for the Council of the Pitt Report, when available.

A further report will be made to the Executive in due course in line with the Council s decision referred to above.

Devon County Council expresses sympathy to the many victims of the flood event centred on the Otter Valley in east Devon on 30th October. This Council commends the sterling efforts made by very many DCC staff, and officers of other bodies including the Environment Agency and East Devon District Council, and many volunteers and community organisations who responded to the emergency situation, and who worked very hard on clean-up operations.

Devon County Council resolves to repair the considerable damage to its assets, particularly to its highways network, including Public Rights of Way; it also resolves to work closely with partner organisations such as the Environment Agency and East Devon District Council in an effort to minimise future flood risk in the flood-affected areas.

The Council calls on the Government to accept and implement in the near future the recommendations in the Pitt Report of June 2008: Learning lessons from the 2007 floods . The Council calls on Government as a matter of urgency to achieve flood-friendly agriculture in areas of flood risk such as steep-sided river valleys, by requiring measures such as the replanting of hedges that have been ripped out, the restoration of ditches and ponds that have been filled in, and the return to grass growing from maize growing which has lead to soil compaction and increased run-off. The Council calls on Government to make financial resources available to landowners to achieve the changes, and believes that relatively modest expenditure would considerably reduce flood risk .

(b) Sustainable Communities Act

The following Notice of Motion submitted by Councillor Hook has been referred to the Executive for consideration and report back.

The Sustainable Communities Act allows local authorities to request legal or administrative changes of Government which would contribute to improved sustainability of local communities. There is a set process which involves consultation via citizen panels leading to a formal submission - by July 2009 - to the LGA who will act as a clearing house before passing on issues to the Sec of State.

It is suggested that, in the spirit of the Notice of Motion, the Council should agree to submit proposals under the Act in conjunction with District Councils and other public bodies and that to that end an informal group of Officers and Members (including the Executive Members for Children Young People s Services; Economic Regeneration, Strategic Planning Regional Affairs and the Environment) should be convened to formulate proposals for consideration by the Executive in due course.

This council welcomes the invitation from The Secretary of State to participate in the Sustainable Communities Act.

Devon County Council recognises that this legislation can have significant benefits for the residents of Devon and seeks to work with all other interested parties in ensuring Devon gains the maximum benefits from participation. In recognising community decline in various areas we acknowledge that no one agency can reverse the trends and therefore this act, which gives government a legal duty to assist local authorities in promoting sustainability of local communities enlists the active help of central government and opens up access to funding which we seek to obtain.

The Executive therefore be asked to examine the opportunities for Devon, taking account of the benefits partnership working can bring.

Electoral Division(s): All

17. References from Committees: Children Young People s Services Overview/Scrutiny Committee Religious Studies Task Group

At its meeting on 5 January 2009, the Children Young People s Services Overview/Scrutiny Committee considered and approved the report of its Religious Studies Task Group (CX/09/4 - text only | pdf CX/09/4), as now amended, attached (Page 101).

18. Minutes

Integrated Health Social Care Delivery Committee 17 December 2008 (Page 113);

19. Delegated Action/Urgent Matters

The Registers of action taken on behalf of the Executive under the urgency provisions or delegated powers will be available for inspection at the meeting. The schedule of decisions taken by Executive Members since the last meeting is attached (Page 120).

20. Gifts and Legacies

The Register will be available for inspection at the meeting.

21. Executive Forward Plan

In accordance with the Council s Constitution, the Executive is requested to review the list of forthcoming business (previously circulated) and to determine which items are to be defined as key decisions and included in the Forward Plan for the period 1 February 31 April 2009. The Forward Plan is available on the Council's website at


22. Exclusion of the Press Pubic

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 information relating to the financial or business affairs of the Morwellham and Tamar Valley Trust and the Exeter Skypark Joint Venture respectively and 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.

Key DecisionS

23. Morwellham Quay and Tamar Trust (Minute *658/6 November 2007)

Joint Report of the Executive Director of Environment, Economy Culture, the Acting Executive Director of Finance, IT Trading and the County Solicitor (EEC/09/11/HQ). To follow.

Electoral Division(s): Tavistock

24. Exeter Skypark: Selection of Joint Venture Partner (Minute *803/30 April 2008)

Joint Report of the Executive Director of Environment, Economy Culture, the Acting Executive Director of Finance, IT Trading and the Solicitor (EEC/09/12/HQ). To follow.


Electoral Division(s): All


Notice of the decisions taken by the Executive 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 Committee Secretary at the conclusion of the meeting for disposal


Councillors Greenslade (Chairman), Barton, Hannon, Hobden, Rogers, Smith and Temperley

Executive Lead Member Remits

Councillors Greenslade (Policy Resources), Barton (Adult Services), Hannon (Personnel Corporate Performance), Hobden (Culture), Rogers (Environment), Smith (Children Young People s Services) and Temperley (Economic Regeneration, Strategic Planning Regional Affairs)

Executive Support Members

Councillors Bray (Scrutiny Liaison), Brazil (Property Management), Cook (Improving Green Performance), Morgan (Social Affairs Health), Taylor (Social Care: Healthy, Safe and Economic and Social Well Being) and Way (Education: Enjoying and Achieving and Making a Positive Contribution).

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 Executive 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

Agenda and minutes of the Executive are published on the Council s Website at http://www.devon.gov.uk/index/your_council/decision_making/cma/index_exc.htm

Webcasting of Meetings

The proceedings of this meeting may be recorded for broadcasting on the internet via the County Council s website Information Devon . The whole of the meeting will be broadcast apart from any confidential items which may need to be considered in the absence of the press and public.

Questions to the Executive/Public Participation

A Member of the Council may ask the Leader of the Council or the appropriate Executive Member a question about any subject for which the Leader or Executive 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 Chief Executive's 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.

Copies of this Agenda and/or Reports may be made available in other formats (e.g. large print, audio tape, Braille or other languages). Please contact the Information Centre on 01392 380101 for more information.


13 January 2009

Schedule of EXECUTIVE MEMBER Decisions taken since previous meeting

Executive Remit

Matter for Decision

Effective Date

Policy Resources

Approval to allocation of Investing in Devon funds

18 December 2008

Approval to contribution from the Match Funding Reserve for Interreg IVC Food Supply Chain Project

2 January 2009

Approval to various to Computer Hardware Acquisitions 2008/09

2 January 2009

Children Young Persons Services

Approval to various grants in excess of 10,000 from the Early Years Development and Childcare Funds

18 December 2008


Approval to select list of tenderers for the Exe Estuary Trail Cycle/Footway (Home Farm to Exton and Lympstone Station Cycle Structures) Schemes

2 January 2009

The Register of Executive Member decisions will be available for inspection at meetings of the Executive or, at any other time, in the Committee Secretariat Members Services Unit,

Chief Executive's Directorate, during normal office hours.

Date Published: Wed Jan 07 2009