Agenda, decisions and minutes

Executive - Tuesday 16th September 2014 5.30 pm

Venue: Rennes Room, Civic Centre, Paris Street, Exeter

Contact: Sarah Selway, Democratic Services Manager (Committees)  Telephone 01392 265275 or email  sarah.selway@exeter.gov.uk

Items
No. Item

82.

Minutes

To sign the minutes of the meeting held on 24 June and 15 July 2014.

Minutes:

The minutes of the meetings held on 24 June and 15 July 2014 were taken as read and signed by the Chair as correct.

 

83.

Declarations of Interest

Councillors are reminded of the need to declare any disclosable pecuniary interests that relate to business on the agenda and which have not already been included in the register of interests, before any discussion takes place on the item. Unless the interest is sensitive, you must also disclose the nature of the interest. In accordance with the Council's Code of Conduct, you must then leave the room and must not participate in any further discussion of the item.  Councillors requiring clarification should seek the advice of the Monitoring Officer prior to the day of the meeting.

 

 

Minutes:

No declarations of disclosable pecuniary interest were made.

 

84.

Major Grants and New Homes Bonus Minutes 28 July 2014 pdf icon PDF 44 KB

To receive and adopt the minutes of the meeting held on 28 July 2014.

 

Decision:

Agreed

 

 

That the minutes of the Major Grants and New Homes Bonus Panel held on 28 July 2014 be received and, where appropriate, adopted.

Reason for Decision:

 

As outlined in the minutes.

 

 

Minutes:

The minutes of the meeting of the Major Grants and New Homes Bonus Panel held on 28 July 2014 were submitted.

 

RESOLVED that the minutes of the Major Grants and New Homes Bonus Panel held on 28 July 2014 be received and, where appropriate, adopted.

 

 

85.

Allotment Service Review pdf icon PDF 135 KB

To consider the report of the Assistant Director Public Realm.

 

Scrutiny Committee – Community considered the report at its meeting on 9 September 2014 and its comments will be reported.

 

Additional documents:

Decision:

 Agreed

 

 

that:-

 

(1)        all new tenancies be restricted to those living within the city and for as long as they continue to do so;

 

(2)        all new tenancies be restricted in size to a maximum of ten rods (approx 250 m²) per household;

 

(3)        payment arrangements for allotment rents are brought into line with the range of payment options available for other council services, subject to such arrangements complying with the statutory provisions relating to allotments;

 

(4)        discounts applied to current tenancies remain for the duration of the individual tenancy and are not transferrable, and that no discounts are applied to new tenancies;

 

(5)        changes are made to the service to reduce maintenance costs and bring the service into line with the projected budget for 2015/16 as set out in Section 9 of the circulated report;

 

(6)        a rent free period of up to a year may be authorised by the Service Manager where a new tenant is willing to accept an untidy plot or where a tenant is prepared to be the single representative overseeing the allotment site on behalf of the council; and

 

(7)        an Allotment Users’ Forum be established in liaison with the Allotment Bodies;

 

That it is recommended to Council to approve that:-

 

(8)        greater service user participation is encouraged and that the authority to enter into management agreements with duly elected Allotment Associations as laid out in Appendix B be delegated to the Assistant Director Public Realm in consultation with the Portfolio Holder for Environment, Health and Wellbeing;

 

(9)        changes in the Allotment Gardens Rules and Conditions set out in Appendix C are approved and that the Service Manager with overall responsibility for Allotments be delegated responsibility to interpret the Rules in the case of a dispute; and

 

(10)      allotment Gardens Rules and Conditions are issued from 1 October 2014 and thereafter reviewed annually and that authority to approve or amend the Rules is delegated to the Assistant Director Public Realm in consultation with the Council’s Monitoring Officer and the Portfolio Holder for Environment, Health and Wellbeing.

Reason for Decision:

 

To provide a platform upon which to build the sustainable, affordable, long term future of the allotments and to enable the greater active participation of service users groups in the direct management of their sites.

 

Minutes:

The report of the Assistant Director Public Realm was submitted, setting out the current position with regard to the Council’s provision of allotments and, in the light of consultation with service users, proposed a number of changes to the operation of the service and the rules governing lettings.

 

The Portfolio Holder for Environment, Health and Wellbeing thanked the allotment holders for participating in the consultation process and the officers for the report. He reported that Scrutiny Committee – Community had supported the way forward and had also agreed an additional recommendation for the formation of an Allotment Users’ Forum. He welcomed comments with regards to the empty plots and the waiting list and anticipated that this was one of the issues that the Forum could help to address.

 

A Member stated that he did not support a cut in the allotments budget. He had concerns regarding how the Users’ Forum would operate and the need for transparency. 

 

The Portfolio Holder for Housing and Customer Access stated that local management would help with the knowledge of unused plots these can then be re-let to new users, reducing the waiting list. The Council had proposals for new allotments on council owned build sites and through the use of Section 106 monies on new, larger development.

 

Scrutiny Committee – Community considered the report at its meeting on 9 September 2014 and the comments of the Members were noted including the additional recommendation with regards to the formation of an Allotment Users’ Forum.

 

RESOLVED that:-

 

(1)        all new tenancies be restricted to those living within the city and for as long as they continue to do so;

 

(2)        all new tenancies be restricted in size to a maximum of ten rods (approx 250 m²) per household;

 

(3)        payment arrangements for allotment rents are brought into line with the range of payment options available for other council services, subject to such arrangements complying with the statutory provisions relating to allotments;

 

(4)        discounts applied to current tenancies remain for the duration of the individual tenancy and are not transferrable, and that no discounts are applied to new tenancies;

 

(5)        changes are made to the service to reduce maintenance costs and bring the service into line with the projected budget for 2015/16 as set out in Section 9 of the circulated report;

 

(6)        a rent free period of up to a year may be authorised by the Service Manager where a new tenant is willing to accept an untidy plot or where a tenant is prepared to be the single representative overseeing the allotment site on behalf of the council; and

 

(7)        an Allotment Users’ Forum be established in liaison with the Allotment Bodies;

 

RECOMMENDED to Council that:-

 

(8)        greater service user participation is encouraged and that the authority to enter into management agreements with duly elected Allotment Associations as laid out in Appendix B be delegated to the Assistant Director Public Realm in consultation with the Portfolio Holder for Environment, Health and Wellbeing;

 

(9)        changes in  ...  view the full minutes text for item 85.

86.

Transport Initiatives and Issues - Update pdf icon PDF 112 KB

To consider the report of the Assistant Director City Development.

 

Scrutiny Committee – Economy considered the report at its meeting on 11 September 2014 and its comments will be reported.

 

Additional documents:

Decision:

.

Agreed

 

 

That:-

 

(1)        the Council’s involvement in the initiatives outlined in the report be supported; and

 

(2)        the Electric Vehicle Strategy, as a strategy for promoting the ownership and use of electric vehicles within Exeter, be endorsed

Reason for Decision:

 

As set out in the report.

 

Minutes:

The report of the Assistant Director City Development was submitted updating Members in relation to transport initiatives and issues affecting Exeter. The emphasis this year was on rail, with new stations opening soon and more certainty in relation to the franchising process; also electric vehicles, with a strategy being presented to Members for endorsement.

 

Members welcomed the installation of the electric charge points in the city and acknowledged that the ownership of electric cars was increasing.

 

In response to Members, the Principal Project Manager stated that it was not practical to have real time information at all bus stops although it was anticipated that information would be available via an application on smart phones in future. New proposals for a Park and Ride site at Alphington were expected to come forward in due course.

 

A Member stated that Devon County Council was waiting for a price for a replacement canopy for the Central Station forecourt.

 

Scrutiny Committee – Economy considered the report at its meeting on 11 September 2014 and the comments of the Members were noted.

 

RESOLVED that:-

 

(1)        the Council’s involvement in the initiatives outlined in the report be supported; and

 

(2)        the Electric Vehicle Strategy, as a strategy for promoting the ownership and use of electric vehicles within Exeter, be endorsed.

 

87.

Release of Funds from the Holman Trust to Topsham Community Association pdf icon PDF 115 KB

To consdier the report of the Assistant Director Public Realm.

 

Decision:

Agreed

 

 

That it is recommended to Council:-

 

(1)        the Charity Commission be approached to release £15,000 from the Trust to refund the Topsham Community Association; and

 

(2)        a Recoupment Order remains in place for the remaining sum. 

Reason for Decision:

 

As set out in the report.

 

Minutes:

The report of the Assistant Director Public Realm was submitted regarding a request from Topsham Community Association for a sum of £15,000 from the Holman Trust, a Trust Fund which the Council administers, to help fund the ‘Revitalise the Rec’ project. Although the Council administers this Trust Fund, an application to the Charity Commission would be required in order for this sum to be released.

 

Members supported the application to the Charity Commission for the release of funds from the Holman Trust for a contribution of £15,000 towards the costs of this worthwhile project.

 

RECOMMENDED to Council that:-

 

(1)        the Charity Commission be approached to release £15,000 from the Trust to refund the Topsham Community Association; and

 

(2)        a Recoupment Order remains in place for the remaining sum. 

 

88.

Corporate Plan Update 2014 pdf icon PDF 64 KB

To consider the report of the Corporate Manager Policy, Communications and Community Engagement.

Additional documents:

Decision:

Agreed

 

 

That it is recommended that Council notes and approves the 2014 Corporate Plan update.

Reason for Decision:

 

As outlined in the report.

 

Minutes:

The report of the Corporate Manager (Policy, Communications and Community Engagement) was submitted, seeking Members' approval of the council’s 2014 Corporate Plan update.

 

The Leader stated this was a one year update and that a budget consultation exercise would be undertaken over the coming months which together with the medium term financial plan, would form the future Corporate Plan.

 

RECOMMENDED that Council notes and approves the 2014 Corporate Plan update.

 

89.

Representation at Magistrates Courts and Court

Representation at Court

 

In accordance with section 223 of the Local Government Act 1972, authorisation is sought to allow the following officer to represent the Council at the County and Magistrates Courts:-

 

Jayne Hanson – Service Improvement Lead (Payments)

 

Representation at Magistrates Courts

 

In accordance with section 223 of the Local Government Act 1972, authorisation is sought to allow the following officers to represent the Council at the Magistrates Court in Council Tax and Business Rates cases:

 

Jayne Hanson – Service Improvement Lead (Payments)

Sue Rolfe – Senior Recovery Officer

Kevin Hughes – Service Improvement Lead (Local Taxation)

Guy Burnley – Senior Rating Officer

 

Decision:

Agreed

 

 

That, in accordance with section 223 of the Local Government Act 1972, the following officer be authorised to represent the Council at the County and Magistrates Courts:-

 

Jayne Hanson – Service Improvement Lead (Payments)

 

That, in accordance with section 223 of the Local Government Act 1972, the following officers be authorised to represent the Council at the County and Magistrates Courts in Council Tax and Business Rates cases :-

 

Jayne Hanson – Service Improvement Lead (Payments)

Sue Rolfe – Senior Recovery Officer

Kevin Hughes – Service Improvement Lead (Local Taxation)

Guy Burnley – Senior Rating Officer

 

 

Reason for Decision:

 

To ensure that the Council has legal representation at the County and Magistrates Courts.

 

Minutes:

RESOLVED that, in accordance with section 223 of the Local Government Act 1972, the following officer be authorised to represent the Council at the County and Magistrates Courts:-

 

Jayne Hanson – Service Improvement Lead (Payments)

 

RESOLVED that, in accordance with section 223 of the Local Government Act 1972, the following officers be authorised to represent the Council at the County and Magistrates Courts in Council Tax and Business Rates cases :-

 

Jayne Hanson – Service Improvement Lead (Payments)

Sue Rolfe – Senior Recovery Officer

Kevin Hughes – Service Improvement Lead (Local Taxation)

Guy Burnley – Senior Rating Officer

 

90.

Local Government (Access to Information) Act 1985 - Exclusion of Press and Public

RESOLVED that, under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of items 11, 12 and 13 on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 1 and 3 of Part I, Schedule 12A of the Act. 

Decision:

Agreed

 

 

that, under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following items on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 1 and  3 of Part I, Schedule 12A of the Act. 

 

Minutes:

RESOLVED that under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following items on the grounds that they involved the likely disclosure of exempt information as defined in paragraphs 1 and 3 of Part 1, Schedule 12A of the Act. 

91.

Water Ingress to Council Housing Stock

To consider the report of the Assistant Director Housing,

 

Scrutiny Committee – Community considered the report at its meeting on 9 September 2014 and its comments will be reported.

 

Decision:

Agreed

 

 

That:-

 

(1)        funding from HRA balances as set out in the report be allocated to carry out the required building works to remedy the damp ingress, an element of this budget to be added to the External Painting and Rendering budgets to cover the work that could be carried out in conjunction with work already planned by the Council’s current contractors in 2014/15;

 

(2)        the variation of the existing contractual arrangements with the contractors as a consequence of the above recommendation be agreed;  

 

(3)        the criteria previously agreed with the Portfolio Holder for Housing and Customer Access, as set out in the report, be approved for ‘fast tracking’ works or other interventions where there were medical or other exceptional circumstances; and

 

(4)       the recharging of the value of the works as set out in the report to the leaseholders be supported as a service charge to cover elements of work that were planned (and would normally be charged to the leaseholder) but were being completed ahead of programme at the same time as the damp ingress works to ensure cost efficiencies. These would only be reasonable costs and only following the appropriate consultation process.

Reason for Decision:

 

To enable remedial works to be undertaken on tenanted and leasehold properties that were damaged as a result of last winter’s extreme weather conditions.

 

Minutes:

The report of the Assistant Director Housing was submitted, setting out the impact extreme weather conditions over the 2013/14 winter had on some Council homes and advising Members what work was required to tenanted and leasehold properties to make good the damage caused. The report also identified how the work could be funded and the likely scale of resources required.

 

The Leader supported the proposed way forward to undertake the necessary remedial works.

 

The Assistant Director Housing advised of the position regarding the Housing Revenue Account and the anticipated affect the remedial work would have on the short and medium term financial plan.

 

Scrutiny Committee – Community considered the report at its meeting on 9 September 2014 and the comments of the Members were noted.

 

RESOLVED that:-

 

(1)        funding from HRA balances as set out in the report be allocated to carry out the required building works to remedy the damp ingress, an element of this budget to be added to the External Painting and Rendering budgets to cover the work that could be carried out in conjunction with work already planned by the Council’s current contractors in 2014/15;

 

(2)        the variation of the existing contractual arrangements with the contractors as a consequence of the above recommendation be agreed;  

 

(3)        the criteria previously agreed with the Portfolio Holder for Housing and Customer Access, as set out in the report, be approved for ‘fast tracking’ works or other interventions where there were medical or other exceptional circumstances; and

 

(4)       the recharging of the value of the works as set out in the report to the leaseholders be supported as a service charge to cover elements of work that were planned (and would normally be charged to the leaseholder) but were being completed ahead of programme at the same time as the damp ingress works to ensure cost efficiencies. These would only be reasonable costs and only following the appropriate consultation process.

 

92.

Leisure Legacy Proposal

To consider the report of the Assistant Director City Economy.

 

Scrutiny Committee – Economy considered the report at its meeting on 11 September 2014 and its comments will be reported.

 

Decision:

Agreed

 

 

That delegated authority be given to the Assistant Director Economy in consultation with the Portfolio Holder for Economy and Culture to confirm the Council’s agreement to the transfer of the management of the City Council leisure facilities to Legacy Leisure.  Such confirmation to be dependent on Parkwood Leisure providing requested verification regarding the status of Legacy Leisure.

Reason for Decision:

 

As outlined in the report.

 

 

Minutes:

The report of the Assistant Director City Economy was submitted updating Members on the opportunity to allow Parkwood Leisure to transfer the management of the City Council leisure facilities to their charitable trust model – Legacy Leisure. There have been ongoing discussions with colleagues in the Legal Department to ensure that all of the proposed arrangements would ensure that the best interests of the Council were protected. It was noted that the charitable trust status principle was now well established as an accepted operational model for leisure facilities.

 

The Portfolio Holder for Economy and Culture thanked the officers involved in the negotiation of the terms of the transfer to Legacy Leisure.

 

Scrutiny Committee – Economy considered the report at its meeting on 11 September 2014 and the comments of the Members were noted.

 

RESOLVED that delegated authority be given to the Assistant Director Economy in consultation with the Portfolio Holder for Economy and Culture to confirm the Council’s agreement to the transfer of the management of the City Council leisure facilities to Legacy Leisure.  Such confirmation to be dependent on Parkwood Leisure providing requested verification regarding the status of Legacy Leisure.

 

 

93.

Exeter & Heart of Devon Growth Board Minutes 28 July 2014

Members are requested to note the minutes of the meeting on 28 July 2014.

 

Decision:

Agreed

 

 

That the minutes of the Exeter and Heart of Devon Growth Board meeting held on 28 July 2014 be noted.

 

Minutes:

RESOLVED that the minutes of the Exeter and Heart of Devon Growth Board meeting held on 28 July 2014 be noted.