Cabinet

Committee Minutes

Wed Mar 14 2012

Related Documents:
agenda for these minutes

Present:-

Councillors Hart (Chairman), Barker, Clatworthy, Croad, S Hughes, Leadbetter and Mumford

Members attending in accordance with Standing Orders 8 and 25:-

Councillors Cann, Fry, Greenslade, Hannon, Hook, Newcombe, Sellis, Spence and Westlake

Apologies:-

Councillor Davis

*453 Minutes

RESOLVED that the minutes of the meeting held on 8 February 2012 be signed as a correct record.

*454 Announcements

The Chairman welcomed Mrs Mayes who was attending the meeting in her capacity as an Independent Member of the Council's Standards Committee to observe and monitor compliance with the Council s ethical governance framework.

The Chairman also reported that following the resignation from the Cabinet, on 5 March 2012, of the Member with responsibility for Schools Learning he had assumed responsibility for that Remit pending a review of Cabinet Member Remits the outcome of which, in accordance with Article 6 of the Council s Constitution, would be announced shortly.

*455 Petitions

The Leader was presented, by Councillor Hook, with a petition from residents of the Buckland Estate in Newton Abbot seeking the completion of remedial and surface dressing work to highways on that estate containing around 70 signatures. The Chairman indicated that the Cabinet Member for Highways Transportation or the relevant Head of Service would be asked to respond direct to the petitioner on the issues raised, within 15 days.

*456 Questions from Members of the Council

In accordance with the Cabinet Procedure Rules, the Leader and relevant Cabinet Member responded to 2 questions from a Member of the Council on Supporting People Funding/Eaton House and Exeter Schools: Heads Salaries and Academy Status.

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

*457 Questions from Members of the Public

The Chairman, having exercised his discretion to vary the order of business, then responded in accordance with the Council's Public Participation Rules, to a question from a member of the public on Parracombe CE School.

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

KEY DECISIONS

*458 Parracombe CE (VC) Primary School

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

The Cabinet considered the report of the Head of Planning, Transportation Environment (PTE/12/20 - text only | pdf PTE/12/20) on the future of Parracombe CE (VC) Primary School, following significant fire damage to the school buildings and, in the interim, seeking approval to the provision of additional accommodation at Kentisbury School whilst further work on alternative proposals and consultations were completed.

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

RESOLVED

(a) that approval be given to a wider consultation with the community on the future of Parracombe C of E Primary School; and

(b) that approval be given, subject to planning consent, to the provision of a temporary classroom or other alternative provision at Kentisbury Primary School to accommodate KS2 pupils currently at Parracombe C of E Primary School.

[NB: Copies of any representations that had been received to date were available at the meeting and would also be taken into account under the consultation exercise referred to above].

*459 Capital Programme 2012/13

(a) Schools Capital Programme (Infrastructure, Basic Needs and Capital Maintenance) 2012/13 and thereafter

(Councillors Greenslade, Hannon, Hook, Newcombe, Spence and Westlake attended in accordance with Standing Order 25(2) and spoke to this item).

(Councillor Newcombe declared a personal interest in this matter by virtue of being a Governor of Barley Lane and Bowhill Primary Schools and the Stoke Hill Federation and of West Exe Children s Centre, Councillor Westlake declared a personal interest by virtue of being a Governor of Exeter Ladysmith Junior and Newtown Schools and Councillor Hannon declared a personal interest by virtue of being a parent of a child at Tiverton High School and being an unpaid facilitator for the establishment of the Tiverton Education Partnership).

The Cabinet considered the joint report of the Head of Planning, Transportation Environment and Head of Capital Development Waste Management (PTE/12/17 - text only | pdf PTE/12/17) on the proposed allocation of the capital programme for 2012/13 and beyond, outlining the factors taken into account in determining the proposed programme particularly in relation to basic need.

The County Council had previously identified within the Place Capital Programme a schools basic need capital programme of 11.235m and capital maintenance programme of 10.244m for 2012/13; a total programme of 21,479,000.

The Report also set out indicative estimates for future years, including estimates of future capital allocations yet to be announced, acknowledging that the settlement from the Department for Education had, as last year, been for a single year with no indication of future years funding. The funding for basic need had been reduced to 4.842m although there was a further 600m identified nationally which had yet to be allocated.

Members noted that the basic need allocation was for all Devon schools including Academies and Voluntary Aided Schools as the statutory responsibility for school places remained with the Local Authority.

Funding for capital maintenance projects had been reduced from 13.582m in 2011/12 to 9.794m for 2012/13; directly attributable to the number of schools within Devon converting to academies over the last twelve months and the Secretary of State for Education withholding capital funding centrally for academies maintenance. That reduction also took account of those schools that had expressed an interest and were likely to convert before 31 March 2013.

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

RESOLVED

(i) that Cabinet notes the single year capital grant allocation and the principles supporting the allocation of funding;

(ii) that the proposed capital programme for 2012/13 and thereafter and proposed contingencies set out at Appendix 1 to report PTE/12/17 - text only | pdf PTE/12/17 be approved;

(iii) that approval be given to the acquisition of land in Okehampton and Budleigh Salterton for key strategic development sites;

(iv) that the Head of Planning, Transportation and Environment and Head of Capital Development and Waste Management be authorised to amend the programme to maximise its impact, for Basic Needs and Schools Capital Maintenance respectively, within agreed policy guidelines and subject to the approval of the Leader of the Council or appropriate Cabinet Member for any budget changes to individual schemes exceeding 25,000.

(b) Highway Structural Maintenance (HSM) and Bridge Assessment and Strengthening (BAS) Programme

(Councillors Greenslade, Hannon, Hook, Spence and Westlake attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet considered the report of the Head of Highways Traffic Management (HTM/12/15 - text only | pdf HTM/12/15) on progress with schemes in the 2011/12 Highway Structural Maintenance (HSM) and Bridge Assessment and Strengthening (BAS) programmes and on the proposed programmes for 2012/13, including indications of the technical assessment methods used to determine how that funding could be allocated.

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

RESOLVED

(i) that progress on 2011/12 schemes detailed in Appendices I and II to Report HTM/12/15 - text only | pdf HTM/12/15 be noted;

(ii) that the strategy for delivery of the 2012/13 HSM/BAS programmes as described in Report HTM/12/15 - text only | pdf HTM/12/15 and in Appendices III and IV be approved;

(iii) that the allocation of the available budget to schemes on principal and non-principal roads be determined by the Head of Highways Traffic Management on the basis of priorities identified from technical surveys and inspections, within the limits of the approved budget;

(iv) that the Head of Highways Traffic Management be authorised to amend the programme to maximise its impact, within agreed policy guidelines and subject to the approval of the Cabinet Member for Highways Transportation to any changes to individual schemes exceeding 25,000.

*460 County Road Highway Maintenance Revenue Budget and On-Street Parking Account 2012/13

(Councillors Greenslade, Hannon, Hook, Newcombe, Spence and Westlake attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet considered the report of the Head of Highways Traffic Management (HTM/12/16 - text only | pdf HTM/12/16) on the allocation of highway maintenance funding by maintenance operation, having regard to the condition of the network and the need, as far as practicable, to enable the highway network to be maintained in accordance with relative maintenance priorities and existing and proposed standards. The Report also contained proposals for the allocation of the on-street parking account for 2012/13.

Members noted that the effects of consecutive severe winters on the highway infrastructure would continue to have a significant impact on the overall condition of the network. The cost of dealing with damage arising from winter weather would necessarily reduce the funding available for normal repair works as would any further significant reductions in the budget approved by the County Council.

The Cabinet Member confirmed that detailed schemes would be formulated with the involvement of local members and also emphasised that representations continued to be made to Government for increased funding for this area of activity, recognising the importance of the highway network to the life of the County.

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

RESOLVED

(i) that the allocations for highway maintenance for 2012/13 as set out in Appendix I to report HTM/12/16 - text only | pdf HTM/12/16 be approved;

(ii) that the Head of Highways Traffic Management be authorised to amend the allocations to maximise the impact of the programme;

(iii) that the changes to standards, service provision and/or work practices summarised at paragraph 4 to report HTM/12/16 - text only | pdf HTM/12/16, be endorsed.

(iv) that the On-street Parking Account programme for 2012/13 set out at Appendix II of Report HTM/12/15 - text only | pdf HTM/12/15 be approved.

*461 Budget Monitoring 2011/12

(Councillors Greenslade, Hannon, Spence and Westlake attended in accordance with Standing Order 25(2) and spoke to this item).

(Councillor Spence declared a personal interest in this matter by virtue of being a Governor of a school in receipt of pupil premium payments).

The Cabinet considered the report of the County Treasurer (CT/12/16 - text only | pdf CT/12/16) on the position at Month 10 and on proposals for the allocation of unspent Dedicated Schools Grant within the 2011/12 financial year identified by the Devon Education Forum and previously acknowledged by the Cabinet.

Members noted that while some budgets continued to experience pressures, those were being contained or offset by planned management action and good financial control. The overall financial position of the Council had changed very little in recent months with the three main areas of revenue activity still forecasting an underspend at year end.

In relation to capital expenditure an underspend was still projected due to slippage in a number of schemes which were being kept under review.

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

RESOLVED

(a) that the position at Month 10 be noted;

(b) that approval be given to the distribution to schools to support local priorities of 1.3m of unspent Dedicated Schools Grant to be allocated using the same methodology by which pupil premium for 2012/13 is to be allocated, for both Academies and Maintained Schools.

*462 Improving Services for Older People in Devon

(Councillors Greenslade, Hannon, Newcombe, Spence and Westlake attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet considered the report of the Head of Social Care Provision (SCP/12/1 - text only | pdf SCP/12/1) on proposals for a major programme of refurbishment and remodelling of residential care homes for older people operated by the County Council.

The aim of the proposed programme was to create up to ten dementia-specific residential care centres of excellence through extensive re-modelling and the refurbishment and upgrading of the remaining homes in order to improve the fabric of the buildings and to ensure compliance with the recently introduced Care Quality Commission Regulations.

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

RESOLVED

(a) that Cabinet endorse the whole system approach to improve services for older people in Devon;

(b) that approval be given to the development of the proposed Dementia Centres of Excellence to be strategically located across the County;

(c) that the proposed refurbishments to the Council s remaining Residential Care Homes be noted; and

(d) that approval be given to enhancing the capital programme by up to 1,274,000 funded by direct revenue contributions.

*463 Funding of Reformed Blue Badge Scheme

(Councillors Greenslade, Hannon, Hook and Spence attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet considered the report of the Head of Business Strategy Support Services (BSS/12/7 - text onlyBSS/12/7) on revised funding arrangements for the administration of the reformed Blue Badge Scheme for disabled drivers.

The Cabinet noted that the Department for Transport had recently introduced mandatory changes to the Blue Badge scheme for disabled drivers whilst still leaving the decision making process for the award of badges at the discretion of Local Authorities.

The reforms included transferring funding for medical assessments from Primary Care Trusts to Local Authorities and extending eligibility extended to include service personnel and children up to 3 years of age. Additionally Government had appointed a single supplier for managing the national database for recording badge holders and providing new, more secure, badges. Members noted that the maximum charge that Local Authorities could levy had been increased (from 2.50 to 10.00) to reflect the increased costs of the new scheme, acknowledged also that previously there had been no charge made by the Council for the issuing of such badges.

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

RESOLVED that the changes to the administration of the Blue Badge Scheme be noted and approval be given to the introduction of a charge of 10 (GBP) for Blue Badges issued under the new national scheme from 1 July 2012.

*464 Review of Contractual Arrangements with NPS SW

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

The Cabinet considered the report of the Head of Business Strategy Support Services (BSS/12/6 - text only | pdf BSS/12/6) on the review of existing contractual arrangements with NPS.

In April 2007 the County Council had entered into a 15 year contract with NPS SW (a subsidiary of the Norse Group owned by Norfolk County Council) for the provision of property consultancy services. The arrangement included a rebate return and a profit share formula whereby 50% of the annual profit generated was returned to the County Council.

The purpose of the contract review was to consider whether the relationship, contract style, performance and pricing of the contract was fit for the present day and for the contract period going forward, taking account also of the views expressed by the Corporate Services Scrutiny Committee. Members acknowledged that the first five years of the agreement had witnessed significant changes in the public and private sector economic and political landscapes and together with the changing market environment in which the service operated. The Head of Service opined that it was therefore timely to review and recommend upgrades to the agreement, in readiness for the five year contract anniversary.

In overall terms the review had concluded that performance of NPS SW during the arrangements had, in general, been reasonably good. It was acknowledged that during the last 5 years there had been some performance issues with both NPS and the County Council s client side, which had led to a less than positive perception in some quarters. However, evidence gathered from the review shows a general trend of performance improvement, most apparent in the last 2-3 years.

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

RESOLVED

(a) that the Joint Venture arrangement between the County Council and the NPS Group for the provision of property consultancy services be maintained;

(b) that the principle of profit share within the contractual relationship be also maintained;

(c) that the financial and operational improvements agreed between the County Council and NPS SW, as summarised in Sections 4-7 of Report BSS/12/6 - text only | pdf BSS/12/6 be adopted in the form of contractual changes and be implemented with effect from 1 April 2012, the five year anniversary of the County Council's contract with NPS SW;

(d) that an Annual Report, commencing in May 2013, on the Performance of NPS be submitted to Cabinet.

*465 Investment in Exeter Central Library: Scheme and Estimate Approval (Minute 382/14 Sept 2011 refers))

(Councillors Greenslade, Hook, Newcombe and Spence attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet considered the report of the Head of Services for Communities (SC/12/13 - text only | pdf SC/12/13) seeking final scheme and estimate approval for this proposed development.

The Head of Service reported that following a period of public and stakeholder consultation, designs had now been developed which would bring the building infrastructure and accessibility up to modern standards and would incorporate many of the features expected of a 21st Century Library. The concept design had been developed following a period of extensive public and stakeholder engagement and, if approved and subject also to the necessary planning consents being obtained, the building work could begin in early 2013.

During the construction period, interim library facilities would be available in the adjacent Castle Street premises, which currently housed the Westcountry Studies Library and the Registration Service. Similarly, and in line with the Cabinet s previously indicated desire to re-locate the Westcountry Studies Library and the Record Office to a newly created Heritage Centre based at Great Moor House, the first phase of that objective would be achieved with the relocation of the Westcountry Studies' Reading Room to the Public Search Room of the existing Record Office later this year. The Registration Service would also relocate to Larkbeare and to the Civic Centre with its records being deposited at the new Heritage Centre.

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

RESOLVED

(a) that approval be given to the concept design for the redevelopment of the Central Library and the estimated cost of 4.1m as set out at paragraph 6.1 of Report SC/12/13 - text only | pdf SC/12/13;

(b that the associated plans to improve the public realm in and around the Central Library be noted;

(c) that Cabinet notes the intention to provide interim library facilities for Exeter residents in the adjacent Castle Street premises;

(d) that the progress and funding arrangements for establishing a Heritage Centre in Devon be welcomed;

(e) that the overall timescales for delivering the improved Central Library and the creation of the Devon Heritage Centre be noted and endorsed.

*466 The Future Promotion of Tourism in Devon

(Councillors Greenslade, Hook, Spence and Westlake attended in accordance with Standing Order 25(2) and spoke to this item).

(Councillor Hart declared a personal interest in this matter by virtue of his involvement in tourism).

The Cabinet considered the report of the Head of Economy Enterprise (EE/12/3 - text only | pdf EE/12/3) on proposed arrangements for the future support of tourism in Devon.

The Head of Service reported that, in consultation with the six Area Tourism Partnerships (ATPs), the Council had identified a clear desire to support the growth of the tourism sector through raising the quality of the visitor product and promoting Devon. There was strong value in the Devon brand and this should be used to promote Devon as a destination.

A partnership approach to achieve that objective was proposed as the most appropriate way forward, with all partners contributing resource through finance and staff time to support the delivery of activity. This would involve the establishment of a Devon Tourism Partnership, as a voluntary partnership governed by a steering board on which each partner would have one representative.

The proposed partnership approach would secure the continuation of the Visit Devon website, PR and marketing campaigns and strategic support for the tourism industry in Devon, providing links to organisations such as VisitEngland and guidance on issues such as quality of the tourism product. It had been suggested that the County Council undertake the role of accountable body on behalf of the partnership with responsibility for contract and financial management and holding the relevant assets on behalf of the partnership.

It was proposed that all the partners should commit to a partnership agreement for 2 years in the first instance, from 1 April 2012 to 31 March 2014.

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

RESOLVED

(a) that the establishment of the proposed Devon Tourism Partnership, as set out in detail in Report EE/12/3 - text only | pdf EE/12/3 and summarised above, be supported as the mechanism to promote the Devon brand and support the Devon tourism industry;

(b) that the Cabinet confirms the County Council would be willing to act as accountable body for the Devon Tourism Partnership.

*467 Great Western Franchise A Devon County Council Perspective

(Councillors Fry, Greenslade, Hannon, Hook, Spence and Westlake attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet considered the report of the Head of Economy Enterprise (EE/12/4 - text only | pdf EE/12/4) on a proposed response to the Department of Transport s Consultation on the Great Western Rail Franchise specification together with the views of the Devon Exeter Rail Project Working Party contained at Minute 35 of its meeting held on 10 February 2012.

Members acknowledged that the replacement of the Great Western Rail Franchise was an important issue for the County Council recognising the significant role of the railway in both local and long-distance communications and its impact on the economy of Devon.

The current franchise would expire in April 2013 and Department for Transport was now consulting on those issues which might be contained in the franchise specification with a deadline for comments of 31 March 2012.

While welcoming the proposals now before the Cabinet a number of Members present nonetheless drew attention to or re-iterated previously expressed desires for improved business links and reduced journey times between stations in Devon and London Paddington and the need for additional, improved, rolling stock.

The Department of Transport was due to issue the Invitation to Tender (ITT) to bidders in May 2012 with tenders being submitted in August 2012 and the successful bidder being announced by the end of the year.

[NB: The DfT consultation document is available at www.dft.gov.uk/consultations]

It was MOVED by Councillor Mumford, SECONDED by Councillor Hughes, and

RESOLVED

(a) that the Cabinet endorse the principle of working with key stakeholders in the South West to present a shared view to Government;

(b) that the detailed response to the franchise consultation questions set out in the Annex to Report EE/12/4 - text only | pdf EE/12/4 be endorsed and forwarded to the Department for Transport;

(c) that Cabinet support the principle of a Western access route to Heathrow.

*468 Devolving Local Major Transport Schemes Consultation Response

(Councillors Hannon, Hook, Spence and Westlake attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet considered the joint report of the Head of Economy Enterprise and Head of Planning, Transportation Environment (EE/12/5 - text only | pdf EE/12/5) on a proposed response to the Government s Consultation on the proposed new method of funding major local transport capital projects.

Members noted that, previously, budgets for Major Local Authority Transport Improvements over 5m in capital cost had been set at a regional level. However, Government had concluded that it could be more appropriate to devolve such decisions to a more local level and was therefore proposing that funding be devolved to groups of Local Transport Authorities, working together in a Local Transport Body based around the geography of Local Enterprise Partnerships.

It had also been suggested that the definition of Major Transport Schemes be relaxed, so that they would not necessarily need to be over 5m and that the Local Transport Major Funds could be matched with other sources of capital including the Local Transport Plan Integrated Block, developer contributions through Community Infrastructure Levy, and New Homes Bonus.

[NB: The Government consultation document is available at www.dft.gov.uk/consultations/dft-2012-04/]

It was MOVED by Councillor Mumford, SECONDED by Councillor Hughes, and

RESOLVED

(a) that approval be given to the principles of the proposed response to the Government's consultation on devolving major transport scheme funding set out in report EE/12/5 - text only | pdf EE/12/5; and

(b) that the Cabinet Member for Highways and Transportation be authorised to agree the Council s final response.

*469 Residual Waste Treatment: Energy from Waste Project Updates and other Countywide Proposals

(Councillors Hannon, Hook, Newcombe and Spence attended in accordance with Standing Order 25(2) and spoke to this item).

(Councillor Newcombe declared a personal interest in this matter by virtue of being the Chairman of the Exeter EfW Plant Liaison Committee).

The Cabinet considered the report of the Head of Capital Development Waste Management (CDW/12/10 - text only | pdf CDW/12/10) on progress with the two approved Energy from Waste projects for treating Devon s residual waste and seeking approval for (a) the procurement of a new waste transfer station to serve the Exeter EfW plant and a new transfer service for the Plymouth EfW plant and (b) to procure a new contract to manage the residual waste in the areas of Devon not served by the EfW plants, based on a non-landfill solution.

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

RESOLVED

(a) that progress with the provision of the Exeter Energy from Waste plant be noted;

(b) that approval be given to the seeking of a tender and subsequent award of contract to construct the Exeter Transfer Station;

(c) that progress on the South Devon Waste Partnership scheme be noted;

(d) that subject to a detailed options appraisal, approval be given to the procurement of a waste transfer service contract to serve the Teignbridge area; and

(e) that approval be also given to the procurement of a new waste disposal service contract for those areas of Devon not served by Energy from Waste projects.

*470 School Organisation: Newtown Primary School Exeter - Proposed Enlargement Public Notice Results

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

(Councillor Westlake declared a personal interest in this matter by virtue of being a Governor of Newton School, Exeter).

The Cabinet considered the joint report of the Head of Planning, Transportation Environment and Head of Education Learning (PTE/12/19 - text only | pdf PTE/12/19) on the outcome of the Public Notice on the proposed enlargement of Newtown Primary School, Exeter from 149 to 210 places.

Following informal consultations on the proposal between 14 and 30 November 2011 (where the only concern, raised by one correspondent, had been about the size of the site to accommodate this enlargement) a formal Public Notice had been issued on 26 January with a closing date for representations of 23 February 2012.

No formal objections had been received to the Public Notice although further comment had been received about the capacity of the site to accommodate further development. There were two responses in support of the proposal. The Governing Body of the School supported the proposal subject to additional resource and accommodation being provided by the Council - which was an integral element of the proposal.

The Head of Service confirmed that the appropriate statutory guidance issued by the Secretary of State relating to the taking of decisions on school organisation matters had been followed and adhered to and recommended that the proposal should be approved in order that sufficient places may be provided at this successful and popular school to meet forecast increases in pupil numbers resulting from proposed housing development throughout the City.

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

RESOLVED that approval be given to the enlargement of Newtown Primary School from 149 places to 210 places with effect from 4 September 2012 conditional upon the receipt of planning permission by 31 July 2012.

STANDING ITEMS

471 Notice of Motion (County Council Minute 148))/16 February 2012)

(Councillor Spence attended in accordance with Standing Order 8 and spoke to this item).

The following Notice of Motion submitted to the County Council by Councillor Spence had been referred to the Cabinet for consideration and report back:

That Devon County council welcomes the opportunities offered by this year s UN International Year of Co-operatives to encourage the development of co-operatives which:

Respond to social change, are resilient to the economic crisis and are serious, successful businesses;

Solve problems by creating jobs in all sectors putting sustainability before risks and profits;

Provide person centred solutions owned by their members;

as part if its programme to help young people find employment and stimulate the economy in hard pressed areas of Devon .

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

RESOLVED that the County Council be recommended to note the Notice of Motion, acknowledging that the spirit of the wording is reflected in the working of the Council.

*472 Minutes

(Councillor Spence attended in accordance with Standing Order 25(2) and spoke to this item, in relation to the Safer Devon Partnership).

RESOLVED that, excepting Minute 35 of Devon Exeter Rail Project Working Party considered at Minute 467 above, the minutes of the following meetings be approved:

(a) Devon Authorities Waste Reduction Recycling Committee. 7 February 2012;

(b) Safer Devon Partnership, 7 February 2012;

(c) Farms Estate Committee, 9 February 2012;

(d) Devon Exeter Rail Project Working Party, 10 February 2012; and

(e) Devon Audit Partnership, 10 February 2012.

[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 .

Minutes of the Devon Strategic Partnership are publicised at : http://www.devonsp.org.uk/meetings.html .

*473 References from Committees

(a) Exeter Locality (County) Committee: NEETs

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

The Cabinet noted that the Exeter Locality (County) Committee on 31 January 2012 (Minute *104) had considered a report from the Head of Education and Learning on the current numbers and provision for Not in Employment, Education or Training (NEETs) in Exeter and had resolved:

that the Committee s concern be relayed to the Cabinet in respect of the potential detrimental impact on vulnerable young people from the Government s proposal to discontinue vocational educational courses being accredited as GCSE equivalents; and

(c) that the Cabinet be requested to consider committing additional resources to support young people Not in Education Employment or Training .

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

RESOLVED that the Committee s concerns be noted and the Locality Committee be also reminded that the Council has recently submitted a bid to the DfE for the RPA Trials Stage 3 for 60,000 which is specifically about Raising of the Participation Age and seeking to achieve 100% Participation in Education or Skills by 2015 to which the additional funding allocated by Exeter Members from their locality budgets can be added (to improve outcomes for those classed as NEETs and who have Learning Difficulties) working with Careers South West and employers both to identify learners in Exeter with whom the Council should work with to provide them with work experience and a qualification and to also support those specific employers involved in this scheme; the Head of Schools Learning will be asked to keep the Locality Committee updated on the progress of the bid and its outcomes.

(b) Exeter Locality (County) Committee: Youth Service

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

The Cabinet noted that the Exeter Locality (County) Committee on 31 January 2012 (Minute *105) had considered a report from the report of the Head of Child and Adult Protection on the work of the youth service in Exeter and had resolved (b) that the Cabinet be requested to clarify the future of the existing youth centre unit within the Grenville site and whether it is to be re-positioned near by or within the current site as part of the new development .

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

RESOLVED that the Locality Committee be assured that as soon as the detail of the transfer of the land in question is known every effort to accommodate youth provision on that site will be explored.

(c) Exeter HATOC: Parking Dispensation Scheme

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

The Exeter HATOC on 2 February 2012 (Minute *117) discussed the implementation of the parking dispensation scheme which, as directed by the Cabinet, was currently being reviewed by Officers with proposed charges having been suspended, and had resolved:

(a) that the Cabinet be informed of the regret of this Committee about the lack of member consultation prior to the implementation of the Parking Dispensation Scheme;

(b) that the Cabinet be requested that the Scheme be revised and detailed proposals be brought to the local HATOCs as appropriate; and options to be investigated to include: 6 monthly permits for tradesmen (at minimal cost) and trader permits for residents in residents parking zones (similar to that used for visitors).

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

RESOLVED that the views of the HATOC be noted and taken into account in the review currently being undertaken.

*474 Delegated Action/Urgent Matters

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

*475 Forward Plan

In accordance with the Council s Constitution, the Cabinet reviewed the Forward Plan (available at ) and determined those items of business to be defined as key decisions and included in the Plan for the period 1 April 30 June 2012.

*DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 10.30am and finished at 1.49pm.

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 the Cabinet are published on the County Council s website at:-


APPENDIX

QUESTIONS FROM MEMBERS OF THE COUNCIL

14 March 2012/Minute *456

1. QUESTION FROM COUNCILLOR SPENCE

Re: Supporting People Funding Eaton House

Can Councillor Barker give details of the procedure for informing vulnerable clients of changes to their domiciliary care services in the light of reports that clients are being told on a Friday evening that there will be a new provider visiting them on the following Monday? What arrangements are in place when a change of service is proposed to arrange for an adequate handover, give adequate warning and explanation to clients, some of whom find change very unsettling? Are proper assessments made when any change in service is proposed for clients whose providers are being changed? Are these clients offered advice on alternatives such as having a personal budget and what support is there available for this to be feasible?

REPLY BY COUNCILLOR BARKER

A transfer protocol for people transferring to an external provider has been in place since late 2010. This currently comprises a letter which is sent at least two weeks before a transfer with a follow up phone call 48 hours later to check for any concerns the person may have. Personal support is given by either the Complex Care Team manager or the Care Direct Plus broker who organises their care package. The timescale of any transfer is planned in advance with the individual and their carers to suit their individual circumstances. During this time individuals are offered the opportunity to have a direct payment or a personal budget in order to have a provider of their choice. If this option is not chosen then they will be able to select one of the providers from the framework. In either case assessments are made to determine if a transfer should take place, examples of cases where a transfer will not be made include anyone receiving end of life care or people with very complex care needs.

We have received no reports of problems as outlined by Councillor Spence. Investigations have not revealed any circumstance at Eaton House which has been handled as Councillor Spence asserts. Anyone who is made aware of any problem should bring the detail to the attention of Officers as soon as possible.

2. QUESTION FROM COUNCILLOR SPENCE

Re: Supporting People Funding Eaton House

Can the Leader comment on the report in the Express and Echo about the disparities in pay of Exeter secondary head teachers and what advice is given to governors on the appropriate pay scales?

Can he also give a further update on the applications for academy status of two of the Exeter High schools and whether he has expressed any concerns about this process in the light of the previous question?

REPLY BY COUNCILLOR HART

With regard to the pay of Exeter Secondary Headteachers, Governing Bodies are advised prior to the appointment of a new headteacher by the School Improvement Officer. The LDP/DCC booklet on 'Appointing a new Headteacher - A guide for School Governors' goes into detail about how to set the Individual School Salary range (ISR). The guidance makes it clear that the Governing Body is required to determine the ISR whenever the appointment of a new headteacher is proposed and must comply with the statutory provisions within the current School Teachers' Pay and Conditions Document. (STPCD). Governing Bodies are known to comply with the advice given at this stage.

Part 3 of the STPCD sets out clear information about how to determine an ISR which is based on first determining the group size of the school according to the numbers of pupils on roll from different key stages. The Leadership scale goes up to L43 - 105,097.

Governing Bodies as the relevant body, must also adopt a policy that sets out the basis on which it determines teachers' pay and the date by which it will determine teachers' annual pay review. DCC produces model policies through the HR team which Governing Bodies are advised to adopt. Governing Bodies must adopt a performance management policy and must also ensure the performance management of the headteacher. Training is offered by Governor Support (LDP), to governors who are delegated to undertake performance management although this training (like all governor training), is not mandatory.

With regard to Academy Status, the Governors of West Exe have issued a statement putting the conversion process on hold. I understand that an external review of their personnel policy and processes will be undertaken shortly. The process for the St Peter s conversion is at the very early stages and we are not yet aware of the timescale they are working towards

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QUESTIONS FROM MEMBERS OF THE PUBLIC

Wednesday, 14 March 2012/Minute *457

1. QUESTION FROM MS PEACOCK

Re: Parracombe CE Primary School

Would it not be beneficial to make a definitive decision on the rebuilding of Parracombe School prior to spending 295,000 on a temporary building at Kentisbury?

REPLY BY COUNCILLOR HART

The temporary building proposal is one option that will be considered alongside the proposed consultation on the future of Parracombe School to ensure there is sufficient accommodation for the children within the Exmoor Federation for September 2012. A decision on the rebuilding of Parracombe School requires wider consultation and further sustainability analysis in respect of pupil numbers and finance. The capital investment will only be triggered if it is required and we will continue to look at other options on the Kentisbury site whilst consulting. In the event the temporary building is required at Kentisbury for a short period, it can be removed and relocated to benefit another school.

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Date Published: Fri Jun 08 2012