Executive

Committee Minutes

Tue Jan 13 2009

Related Documents:
agenda for these minutes

Present:-

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

In attendance:-

Executive Support Members

Councillors Bray, Brazil, Cook, Morgan and Taylor

Members attending in accordance with Standing Orders 8 and 25

Councillors Barker, Channon, Clatworthy, Hart, Hook, S Hughes, Lee, Pennington and Spence

Apologies:

Councillor Way

*990 Minutes

RESOLVED that the minutes of the meeting held on 2 January 2009 be signed as a correct record.

*991 Announcements

(Councillors Hart and Spence attended in accordance with Standing Order 25(2) and spoke to this item).

At the request of the Chairman, the Executive Director of Environment, Economy Culture circulated a briefing note summarising the treatment of the highway network undertaken so far this winter, compared to previous years, and also outlining the impact on the network of extreme winter conditions.

On behalf of the Council, the Chairman paid tribute to the efforts of all of the County Council s staff across the county who had been involved in keeping Devon s roads clear and traffic moving during the recent cold spell.

*992 Questions from Members of the Council

In accordance with the Executive Procedure Rules, the appropriate Executive Member responded to 2 questions from a Member of the Council on the transfer of in-house provision to Shaw Healthcare.

[NB: A copy of the questions and answers are appended to these minutes and are available on the Council s Website at ]

FRAMEWORK DECISION

993 Adult Community Services Modernisation Programme: Update on Transfer of In-house Service Provision to Shaw Healthcare

(Councillors Barker, Channon, Clatworthy, Hart, S Hughes and Spence attended in accordance with Standing Order 25(2) and spoke to this item).

The Executive had, 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 this meeting of the Executive, prior to the Council s consideration of this matter on 19 February 2009.

The Executive was advised that the Health Adult Services Overview/Scrutiny Committee had subsequently met, on 8 January 2009, to consider the Report of its Proposed Transfer of Adult Residential Services to Shaw Healthcare Task Group and had approved that Report (CX/09/1 - text only | pdf CX/09/1), as now amended and circulated.

Members noted that the Task Group had not been satisfied with the level of detail available on some elements of the original proposal and had felt that the degree of commitment shown might have been premature, given the range of important issues still under negotiation in the pre-contract phase and that issues raised by the contract might not have been adequately addressed.

However, the Task Group acknowledged that the revised proposal adopted by the Executive in December now appeared to address those concerns and also accepted that it would be better now to begin a fresh tendering process for all the sites, in which Shaw Healthcare could participate if they wished. The Task Group accepted that while the revised proposals might prolong the uncertainty as to which homes which were to be developed and those which were to close - and that this would no doubt cause concern amongst residents and their families - it was nonetheless unavoidable in the circumstances.

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 at the previous Executive had also been re-circulated, for information.

It was MOVED by Councillor Barton, SECONDED by Councillor Greenslade and

RESOLVED

(a) that the Health Adult Services Overview/Scrutiny Committee Task Group be thanked for its comprehensive Report;

(b) that the reasons behind the decision of the former all-party Executive to agree the need for a Modernisation Programme be confirmed as still being very pertinent today;

(c) that it be noted that at this stage no contract of any size has been agreed with Shaw Healthcare;

(d) that the Executive particularly agrees with the Task Group s comments about ending uncertainty and the threat posed by postponement of releasing resources for future investment in Adult Care Services; the Executive Member for Adult Services and the Executive Director be asked to make a comprehensive response direct to the Task Group on its conclusions and recommendations;

(e) that accordingly the conclusions and recommendations of the Task Group be taken forward alongside Minute 971 of the Executive to seek delivery of the objectives of the all-party Executive Modernisation decision thereby ensuring the greatest flexibility of approach, the earliest possible resolution, choice for clients, and value for money;

(f) that further reports be made to the Executive at the earliest opportunity.

Key Decisions

*994 Preparing for Carbon Trading: The Implications for Devon County Council

(Councillors Hart, S Hughes, Pennington and Spence attended in accordance with Standing Order 25(2) and spoke to this item).

The Executive considered the joint 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) on the implications for the Council of the Carbon Trading Scheme.

Members noted that the County Council would be a mandatory participant in carbon trading from 2010 and this would therefore require the development of a strategic approach to deliver carbon savings from the corporate estate, street lighting and schools.

The Climate Change Act 2008 contained legally binding emissions reduction targets and Government had committed the UK to deliver a 26% reduction in CO2 emissions by 2020. In the longer term the aspiration was to cut green house gas emissions by 80% by 2050.

Subsequently, in May 2007, Government had announced a number of new initiatives in the Energy White Paper including a decision to implement the Carbon Reduction Commitment [CRC]. The CRC was a mandatory emissions trading scheme for large commercial and public sector organisations, including large Local Authorities. Consultation on the operation of that scheme - originally planned for Autumn 2008 was still awaited. The Report outlined the policy and budgetary implications of proposals as currently drafted.

The Chairman of the Environment, Economy and Culture Overview/Scrutiny Committee confirmed his Committee s intention to examine the impact upon and implications for the County Council of the CRC scheme as evidenced by the inclusion of this item in that Committee s work programme for March of this year.

It was MOVED by Councillor Greenslade, SECONDED by Councillor Rogers and

RESOLVED

(a) that a carbon reduction and management strategy be developed and costed for the Carbon Reduction Commitment (CRC) qualifying emissions that, as a minimum, reduces emissions in line with the County Council s existing target;

(b) that further work be done to establish how schools would participate in the CRC;

(c) that a policy be adopted to implement part night lighting in residential areas as the emissions reduction measure for street lighting;

(d) that recognition be given to the potential magnitude of cost-effective investment in emissions reduction as well as the current level of available resources;

(e) that recognition be also given to a budget for the purchase of CO2 emissions allowances of 726,000 in 2010/11 and a budget for the estimated penalty payment of 73,000 (10%) relating to 2010/11 plus an additional 73,000 for each successive year to 2012/13 as part of the Medium Term Financial Strategy;

(f) that representations be made to Department for Environment Food and Rural Affairs and the Department for Children, Schools Families concerning the adverse reputational and cost implications to local authorities of less than full participation of all schools in the CRC process;

(g) that arrangements be made for a fuller briefing for all Members of the Council when greater clarity on the operation of the scheme is available including the Government s User Guide which is due to be published shortly.

*995 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

(Councillors Hart and Spence attended in accordance with Standing Order 25(2) and spoke to this item).

The Executive considered the joint report of the Executive Director of Environment, Economy Culture (EEC/09/9/HQ - text onlyEEC/09/9/HQ) on work being undertaken in conjunction with Team Devon to develop Devon s Olympic Legacy and on proposals for allocating the additional funding of 100,000 from the Local Authority Business Growth Initiative (LABGI) fund to support implementation of Team Devon's Action Plan.

The Team Devon Action Plan sought to establish broad principles to guide actions on a countywide basis involving all partners during the next four years and beyond. The proposal had the broad agreement of all partners at this stage recognising that, as the Plan was implemented, there would be choices to be made about support for specific activities Regular updates would be provided both through the communication channels being opened up by Team Devon and direct to the Executive where any fundamental change of direction was proposed.

It was MOVED by Councillor Hobden, SECONDED by Councillor Rogers and

RESOLVED

(i) that the Team Devon Partnership and its emerging Action Plan be supported as a basis for further discussion with partners in order to maximise the resources available;

(ii) that the 100,000 allocated for Team Devon from LABGI funds be applied to implementing the Action Plan, subject to approval by the Executive Member for Culture.

(b) Support for Young Devon Athletes

(Councillor Hart attended in accordance with Standing Order 25(2) and spoke to this item).

The Executive considered the 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 the fund of 100,000 allocated by the Council to support young Devon athletes who demonstrated potential to participate in the 2012 Olympics and Paralympics.

It was MOVED by Councillor Smith, SECONDED by Councillor Greenslade and

RESOLVED

(i) that the progress on establishing how the extra provision of 100,000 for supporting athletes might be distributed be noted;

(ii) that the further work being undertaken with partners to maximise the resource available be endorsed;

(iii) that approval be given to the division of the additional finance into three main funding streams, namely direct funding for individual athletes, bursaries for sports coaches and workshops for young athletes and their parents/carers as set out in detail in report CY/09/12 - text only | pdf CY/09/12 .

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

(Councillors Channon, Hart and Spence attended in accordance with Standing Order 25(2) and spoke to this item).

The Executive considered the 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.

Members noted that while the County Council had initiated a discussion on this issue locally, there had also been a significant national development with the Secretary of State having asked Sir Jim Rose to lead an independent review of the primary curriculum. This Report would, it was expected, advise ministers on how the curriculum needed to change in order to ease the transition from early years into primary schools. Any changes to relevant policies in Devon would therefore, necessarily, need to be made in the context of any recommendations of that National Review.

The Executive Director s Report outlined the background to and key considerations of informal discussion undertaken over the summer of 2008 with relevant stakeholders including parents, primary and infant schools, early years settings, childminders, the Devon Association of Primary Headteachers, Local Learning Communities, Diocesan representatives, Barnardo s, neighbouring Local Authorities and the Devon Education (Schools) Forum. The closing date for comments had been 30 November 2008.

A total of 650 responses had been received which were summarised in the Executive Director's report and were available at www.devon.gov.uk/speconsultation. Of those, 383 were from parents of whom 263 opposed a single point of entry. The majority of the 35 responses from "members of the public" or "other" were also against a single point of entry. The Early Years Strategic Partnership and other respondents identifying themselves as early years settings were overwhelmingly opposed to the possibility of change to a single point of entry.

A clear majority of those community and voluntary controlled schools that had responded favoured a single point of entry whereas those voluntary aided schools that had responded were overwhelmingly against. Responses from the 67 contributors identifying themselves as members of staff or governors, were almost evenly balanced, with a slight bias against a single point of entry.

Members noted that, regardless of the advantages and disadvantages of alternatives, the most common areas of concern were consequent funding changes and the impact on the many early years settings that supported the County Council in its duty of provision.

In summary, the Executive Director concluded that:

opinion across the county was clearly divided;

there was no clear mandate for change and while those schools that had responded were mostly in favour of a change to single point of entry, less than one third of the total number of Devon Schools had actually expressed a view;

most responding early years providers were opposed;

there were high levels of uncertainty amongst parents of their entitlement to do what they considered best for their children within statutory limits; and

the Review commissioned by Government meant that any local decisions might be irrelevant and any further debate in Devon could be overtaken by national consultation.

The Executive also received the Minutes of the Devon Local Admissions Forum held on 7 January 2009 outlining its views, namely that no change should be made to existing policy pending the publication of the Rose Review and that parents and stakeholders should be better informed about admissions policies and the implications of a Single Point of Entry.

It was MOVED by Councillor Smith, SECONDED by Councillor Greenslade and

RESOLVED

(a) that the mixed responses to the informal discussions previously requested by the Executive be noted;

(b) that, correspondingly, any formal consultation on points of entry to school be deferred pending the outcome of the Rose Review;

(c) that notwithstanding the above, the Executive endorse steps to clarify for parents their entitlements in respect of when children start school.

STANDING ITEM

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

(Councillors Channon, Hart, Pennington and Spence attended in accordance with Standing Order 25(2) and spoke to this item).

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

It was MOVED by Councillor Smith, SECONDED by Councillor Greenslade and

RESOLVED that the Task Group s Report be welcomed and the recommendations therein be accepted.

OTHER MATTERS

*998 Department for Communities and Local Government: Reference to Boundary Committee - Future Unitary Structures (Minute *982/16 December 2008)

(Councillors Hart, S Hughes and Spence attended in accordance with Standing Order 25(2) and spoke to this item).

The Leader indicated that, at this stage, he had nothing to add to his statement given at the County Council meeting on 11 December 2008 on the revised timetable for submission and determination of the Boundary Committee s recommendation to the Secretary of State on the future structure of local government in Devon. Discussions were continuing with District Councils on proposed transition arrangements and future working.

The Chief Executive reported on the outcome of the judicial reviews sought by Norfolk Councils and East Devon District Council. The Court had largely found in favour of the Boundary Committee, had confirmed that the issue of consultation on more than one proposal was a matter of discretion for the Committee and had refused to quash the Devon review. The East Devon application had also been adjudged to be premature, as a result of the Norfolk case, because the Secretary of State had already extended the deadline by which the Boundary Committee must make its final recommendation.

*999 Investment in Highway Drainage Update (Minute *632/16 October 2007)

(Councillors Channon, Clatworthy, Hart and S Hughes attended in accordance with Standing Order 25(2) and spoke to this item).

The Executive considered the report of the Executive Director of Environment, Economy Culture (EEC/09/10/HQ - text onlyEEC/09/10/HQ) on progress with highway drainage works funded from within the additional 1,500,000 allocated by the Council to address known highway drainage trouble spots, due to be completed by March 2009.

It was MOVED by Councillor Rogers, SECONDED by Councillor Greenslade and

RESOLVED that the report be noted.

*1000 ContactPoint (Minute 935(a)/4 November 2008)

(Councillors Channon, Hart and Pennington attended in accordance with Standing Order 25(2) and spoke to this item).

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

The purpose of ContactPoint was to support practitioners who were subject to the duties specified in Section 10 and Section 11 of the Children Act 2004, namely the duty to co-operate to improve outcomes for children, including their contribution to children's wellbeing and the duty to safeguard and promote the welfare of all children.

ContactPoint was a Government project supported by grant funding to all authorities. It would be a basic online directory of all 0-18 year olds in England and would be available to authorised staff to be able to see who else was working with a child or young person. This would mean staff could work together to give the child or young person the most appropriate services.

Devon's ContactPoint Project was being managed by the County Council on behalf of the Children's Trust, as part of its support for integrated working at the front line.

It was MOVED by Councillor Smith, SECONDED by Councillor Greenslade and

RESOLVED

(a) that the current timings for ContactPoint becoming operational in Devon be noted;

(b) that the preparations to ensure that data was quality-checked and robust processes were in place be noted and welcomed;

(c) that the arrangements for shielding records where appropriate be acknowledged.

*1001 Draft Alcohol Strategy 2008/11 and Action Plan (Minute *936/4 November 2008)

(Councillor Hart attended in accordance with Standing Order 25(2) and spoke to this item).

The Executive considered the Revised Alcohol Strategy Reducing Harm, Empowering Change and Action Plan, as previously requested, prepared by the Devon Drug Alcohol Action Team (DAAT).

The revised draft was presented by Kristian Tamblin, DDAAT Manager of the Devon PCT and Maureen Muckersie, the County Council s Young People s Substance Misuse Lead.

It was MOVED by Councillor Greenslade, SECONDED by Councillor Smith and

RESOLVED

(a) that the Report be noted and the Executive endorse the Devon DAAT Alcohol Strategy Reducing Harm, Empowering Change;

(b) that the Executive supports the actions contained within the proposed Action Plan now submitted;

(c) that the actions for the County Council set out in the Action Plan be supported in principle and the Acting Executive Director of Finance, IT Trading be asked to clarify the level of additional resources required and whether or not these have been taken into account in the preparation of the budget for 2009/10 and report back or seek the necessary approvals in due course;

(d) that a further update on progress be submitted in the Autumn 2009.

*1002 Strategic Plan: Making Devon Greener

(Councillor Hart attended in accordance with Standing Order 25(2) and spoke to this item).

The Executive considered a report of the Executive Director of Personnel Performance (PP/09/4) being the first in a series of papers outlining the progress made by the Council in achieving the priority areas set out in its Strategic Plan.

The Strategic Plan for 2006-11 set out how the Council would improve the quality of life for people in Devon based on what local residents had previously indicated was most important to them and contained the following five priorities:

giving children and young people the best possible start in life;

strengthening Devon s economy;

celebrating Devon s culture;

improving Devon s environment; and

promoting independence and choice for Devon s adults

The Executive Director's Report outlined how the Council was doing in relation to the priority for the environment, viz:

We want Devon to continue to be a great place to live, visit and do business and to ensure that our growing population of residents and visitors does not threaten the environment that makes Devon special

and illustrated the success of action taken to minimise waste, increase recycling and composting, reduce landfilling, tackle traffic congestion and air pollution, improve public transport and conserve the natural environment and improve the environment in which the people of Devon lived and worked.

It was MOVED by Councillor Greenslade, SECONDED by Councillor Smith and

RESOLVED that the report be welcomed and be used to inform a revised approach to strategic planning aligned to the Sustainable Community Strategy for Devon.

STANDING ITEMS

*1003 Questions from Members of the Public

In accordance with the Council's Public Participation Rules, a written reply would be provided to a question on the Littlehempston cycleway received from a member of the public who was not present at the meeting

[NB: A copy of the question and answer is appended to these minutes and is available on the Council s Website at ]

1004 Notices of Motion

(a) Flooding in East Devon

(Councillor Barton declared a personal interest in this matter by virtue of being a County Council representative on the South West Regional Flood Defence Committee and Councillor Temperley also declared a personal interest by virtue of being the Chairman of the Wessex Regional Flood Defence Committee).

The following Notice of Motion submitted by Councillor Giles had 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.

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 .

The Executive also received a copy of the Report of the East Devon Floods Seminar held on 3 December 2008 which would be considered further by the Executive in due course alongside the Task Group Report referred to above.

It was MOVED by Councillor Greenslade, SECONDED by Councillor Smith and

RESOLVED that a further report be made to the Executive in due course in line with the Council s decision referred to above.

(b) Sustainable Communities Act

(Councillors Channon and Hart attended in accordance with Standing Order 25(2) and spoke to this item).

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

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.

The Chief Executive reported that the Sustainable Communities Act allowed local authorities to request legal or administrative changes of Government which would contribute to improved sustainability of local communities. There was a set process which involved consultation via citizen panels leading to a formal submission - by July 2009 - to the Local Government Association that would act as a clearing house before passing on issues to the Secretary of State.

It was 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.

It was MOVED by Councillor Greenslade, SECONDED by Councillor Smith and

RESOLVED that the Council agree to submit proposals under the Act in conjunction with District Councils and other public bodies and that 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) be convened to formulate proposals for consideration by the Executive.

*1005 Minutes

RESOLVED that the minutes of the Integrated Health Social Care Delivery Committee held on 17 December 2008 be approved and the Minutes of the Devon Local Admissions Forum held on 7 January 2009 be noted.

*1006 Delegated Action/Urgent Matters: Registers of Decisions

The Registers of action taken by Chief Officers or Executive Members under urgency provisions or delegated powers were available for inspection at the meeting.

*1007 Gifts and Legacies

The Register of Gifts and Legacies was available for inspection at the meeting.

*1008 Executive Forward Plan

In accordance with the Council s Constitution, the Executive reviewed the Forward Plan (available electronically at ) and determined those items of business to be defined as key decisions and included in the Plan for the period 1 February 31 April 2009.

*1009 Exclusion of the Press Public

It was MOVED by Councillor Greenslade, SECONDED by Councillor Smith and

RESOLVED that the press and public be excluded from the meeting for the following two 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

*1010 Morwellham Quay and Tamar Trust (Minute *658/6 November 2007)

(An item taken under Section 100A(4) of the Local Government Act 1972 during which the press and public were excluded).

(Councillor Hart attended in accordance with Standing Order 25(2) and spoke to this item).

(Councillor Temperley declared a personal interest in this matter by virtue of his being a County Council representative on the Morwellham Quay Trust).

The Executive considered the 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) setting out the current situation regarding the Morwellham and Tamar Valley Trust s operation of Morwellham Quay.

The Executive noted the support of the local members and the Leader of West Devon Borough Council for the County Council s continued involvement in this scheme.

It was MOVED by Councillor Temperley, SECONDED by Councillor Hobden and

RESOLVED that, subject to the Trustees agreeing to:

(a) the strengthening of the Trustees by additional County Council nominations; and

(b) an urgent meeting with County Council representatives to agree the future way forward with the project;

the Executive:

(c) notes the site improvements and the operational/financial shortcomings that had occurred in 2008;

(d) notes the current financial situation;

(e) approves the allocation of loans for the financial year 2008/09 amounting to 160,000 to the Morwellham and Tamar Valley Trust to cover (i) an unforeseen deficit in 2006/07 of 67,000 and (ii) an unplanned deficit in 2007/08 of 93,000;

(f) approves a further overdraft facility for the Trust of up to 50,000 for a maximum of 6 months from January 2009 to cover the low season period.

*1011 Exeter Skypark: Selection of Joint Venture Partner (Minute *803/30 April 2008)

(An item taken under Section 100A(4) of the Local Government Act 1972 during which the press and public were excluded).

(Councillors Clatworthy and Hart attended in accordance with Standing Order 25(2) and spoke to this item).

The Executive considered the 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) on the appointment of a Joint Venture Partner for the development of Skypark following the completion of the procurement process.

It was MOVED by Councillor Temperley, SECONDED by Councillor Greenslade and

RESOLVED

(a) that approval be given to the appointment of St Modwen as preferred Joint Venture Partners for the development of Skypark;

(b) that, subject to satisfactory completion of due diligence, the County Solicitor be empowered to sign the joint venture Members' agreement and all ancillary documentation, in consultation with the Leader of the Council and the Executive Member for Economic Regeneration, Strategic Planning Regional Affairs.

OTHER MATTER

*1012 School Organisation: Sparkwell All Saints VA Primary School

(An item taken under Section 100B(4) of the Local Government Act 1972.

(Councillor Hart attended in accordance with Standing Order 25(2) and spoke to this item).

The Chairman had decided that the Executive should consider this item, as a matter of urgency, in order that Members might be made aware of an announcement to be made by the Governing Body of this School later that week to initiate, as admitting authority, formal consultations on the future of the School.

*DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 1.30pm and finished at 5.35pm

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 the Executive are published on the County Council s Website at:-


APPENDIX

QUESTION FROM MEMBERS OF THE COUNCIL

13 January 2009/Minute *992

1. QUESTION FROM COUNCILLOR HART

Re: Transfer of In-house Service Provision to Shaw Healthcare

Will the Executive Member for Adults Services name and list the total expenses incurred by Devon County Council for each of the consultancy firms and others not directly on the DCC payroll with regard to the ongoing negotiations with Shaw Healthcare?

REPLY BY COUNCILLOR BARTON

Costs incurred by the County Council from the commencement of the externalisation process and since the time of Shaw Healthcare s appointment in May 2007 as preferred bidder is as follows:

Year

Detail

2006/7

Grant Thornton - External financial advisors

5,000

2006/7

Contract Management consultancy

108,000

2007/8

Grant Thornton - External financial advisors

116,000

2007/8

Sharpe Pritchard - External legal advisors

39,000

2008/9

Grant Thornton - External financial advisors

122,000

2008/9

King Sturge - External property evaluators

36,000

2008/9

P Panks - External building advisors

19,000

2008/9

Sharpe Pritchard - External legal advisors

66,000

2008/9

Project negotiation lead

43,000

2. QUESTION FROM COUNCILLOR HART

Re: Transfer of In-house Service Provision to Shaw Healthcare

Will the Executive Member please inform us of what the total anticipated costs would be to Devon County Council if negotiations with Shaw Healthcare were terminated?

REPLY BY COUNCILLOR BARTON

If negotiations with Shaw Healthcare were terminated, we are not anticipating any costs as a direct result of such action.

However Shaw Healthcare as a preferred bidder clearly incurred some costs they would not have otherwise picked up.

The agreement therefore allows for specified indemnified costs to be reimbursed should

the Council decide not to proceed with a contract with Shaw Healthcare

Until the Council takes further decisions we cannot say with certainty what the total payments to Shaw under the indemnity would be.

QUESTION FROM MEMBER OF THE PUBLIC

13 January 2009/Minute *1003

1. QUESTION FROM MR SMITH

Re. Littlehempston Cycleway

When will funds be allocated to cover the cost of consultation with landowners on the proposed route? Can the Council confirm that it gives its full support to the proposal for a Sustrans Cycleway from Totnes to Littlehempston?

REPLY BY COUNCILLOR ROGERS

The process of allocating the County Council s 2009/10 budget for transport improvement will take place at this Executive scheduled for 24 February 2009. At that meeting the Executive will consider a report on the Devon on the Move Devon Local Transport Plan (DLTP) Proposed Programme for 2009/10 in which there will be reference to allocations specifically for developing cycling schemes.

Devon County Council is supportive of the development of cycling. The route through Littlehempston is a section that we would like to see completed.

SUSTRANS are not responsible for this route, and nor do they financially support many routes in the County of Devon. The vast majority of these have been completed by Devon County Council either through Local Transport Plan funding, developer contributions or using corporate finance (revenue or capital).

Date Published: Thu Jan 15 2009