Agenda, decisions and minutes

To sign the minutes of the meetings held on 18 March, 8 April (Special) and 15 April 2008.

The minutes of the meetings of the Executive held on 18 March, 8 April (Special) and 15 April 2008 were taken as read and signed by the Chair as a correct record.

The minutes of the meetings of the Executive held on 18 March, 8 April (Special) and 15 April 2008 were taken as read and signed by the Chair as a correct record.

Councillors are reminded of the need to declare personal and prejudicial interests, including the nature and extent of such interests, in relation to business on the agenda, before any discussion takes place on the item.  Councillors requiring clarification should seek the advice of the Monitoring Officer prior to the day of the meeting.

No declarations of interest were made.

No declarations of interest were made.

To consider the report of the Head of Environmental Health Services. The full Plan can be viewed on the Council’s website http://www.exeter.gov.uk or on request to Member Services.

Scrutiny Committee – Community considered the report at their meeting on 3 June 2008 and their comments will be reported.

(Report circulated)

The report of the Head of Environmental Health Services was submitted informing members of the Council’s performance against the previous year’s Food Law Enforcement Plan and seeking approval to the adoption of the Food Law Enforcement Plan 2008/09.  

Scrutiny Committee – Community considered the report at their meeting on 3 June 2008 and the support of members was noted.

Executive recommended that:-

(1)     the Food Law Enforcement Plan 2008/09 be approved; and

(2)     the Head of Environmental Health Services be authorised to make changes to the Enforcement Plan in the light of centrally issued guidance and/or to meet operational needs.

The report of the Head of Environmental Health Services was submitted informing members of the Council’s performance against the previous year’s Food Law Enforcement Plan and seeking approval to the adoption of the Food Law Enforcement Plan 2008/09.  

Scrutiny Committee – Community considered the report at their meeting on 3 June 2008 and the support of members was noted.

RECOMMENDED that:-

(1)     the Food Law Enforcement Plan 2008/09 be approved; and

(2)     the Head of Environmental Health Services be authorised to make changes to the Enforcement Plan in the light of centrally issued guidance and/or to meet operational needs.

(Report circulated)

To consider the report of the Head of Environmental Health Services.  The full Plan can be viewed on the Council’s website http://www.exeter.gov.uk or on request to Member Services.

Scrutiny Committee – Community considered the report at their meeting on 3 June 2008 and their comments will be reported.

(Report circulated)

The report of the Head of Environmental Health Services was submitted seeking approval to the Health and Safety Plan for 2008/09 which sets out the functions for regulating health and safety in businesses for the forthcoming year.

Scrutiny Committee – Community considered the report at their meeting on 3 June 2008 and the support of members was noted.

Executive recommended that the Health and Safety Service Plan 2008/09 be approved.

The report of the Head of Environmental Health Services was submitted seeking approval to the Health and Safety Plan for 2008/09 which sets out the functions for regulating health and safety in businesses for the forthcoming year.

Scrutiny Committee – Community considered the report at their meeting on 3 June 2008 and the support of members was noted.

RECOMMENDED that the Health and Safety Service Plan 2008/09 be approved.

(Report circulated)

To consider the report of the Head of Environmental Health Services.  The full Plan can be viewed on the Council’s website http://www.exeter.gov.uk or on request to Member Services.

Scrutiny Committee – Community considered the report at their meeting on 3 June 2008 and their comments will be reported.

(Report circulated)

The report of the Head of Environmental Health Services was submitted updating Members on the Council’s duties relating to local air quality management and the outcome of the consultation exercise for the proposed Air Quality Action Plan. The report also sought approval to the Plan for 2008-11.

Scrutiny Committee – Community considered the report at their meeting on 3 June 2008.  Executive shared the concerns of the Committee regarding the impact on air quality of traffic management measures on main City routes and sought reassurance that ward Councillors would be consulted on future proposals.

Executive recommendedthat:-

(1)     a meeting be sought between the Chair of Executive, the Chair of Scrutiny Committee – Community and Devon County Council to seek how the County Council plans to reduce the pollution that is caused along the five routes coming in and out of the City;

(2)     Devon County Council be requested to review the current traffic management arrangements for Sidwell Street, with all local Councillors being involved; and

(3)     Exeter’s Air Quality Action Plan for 2008 –11 be approved.

The report of the Head of Environmental Health Services was submitted updating Members on the Council’s duties relating to local air quality management and the outcome of the consultation exercise for the proposed Air Quality Action Plan. The report also sought approval to the Plan for 2008-11.

Scrutiny Committee – Community considered the report at their meeting on 3 June 2008.  Executive shared the concerns of the Committee regarding the impact on air quality of traffic management measures on main City routes and sought reassurance that ward Councillors would be consulted on future proposals.

RECOMMENDED that:-

(1)     a meeting be sought between the Chair of Executive, the Chair of Scrutiny Committee – Community and Devon County Council to seek how the County Council plans to reduce the pollution that is caused along the five routes coming in and out of the City;

(2)     Devon County Council be requested to review the current traffic management arrangements for Sidwell Street, with all local Councillors being involved; and

(3)     Exeter’s Air Quality Action Plan for 2008 –11 be approved.

(Report circulated)

To consider the report of the Head of Housing Services. The full Strategy can be viewed on the Council’s website http://www.exeter.gov.uk or on request to Member Services.

Scrutiny Committee – Community considered the report at their meeting on 3 June 2008 and their comments will be reported.

(Report circulated)

The report of the Head of Housing Services was submitted seeking Members’ endorsement of the content of the revised Homelessness Strategy.

Scrutiny Committee – Community considered the report at their meeting on 3 June 2008 and the comments and support of members were noted.

The Director Community and Environment identified the key proposals within the revised Strategy reflecting needs identified through the consultation process. Executive welcomed the revised strategy particularly the emphasis on preventing homelessness and supporting clients to move through the varying types of housing.  They noted Scrutiny Committee – Community’s request for a further report to that Committee providing information on how homelessness decisions relating to vulnerable people were reached.

Executive recommendedthat:-

(1)     the revised Homelessness Strategy document 2008-2013 be adopted; and

(2)     an annual report be submitted outlining progress against the strategy’s action plan.  

The report of the Head of Housing Services was submitted seeking Members’ endorsement of the content of the revised Homelessness Strategy.

Scrutiny Committee – Community considered the report at their meeting on 3 June 2008 and the comments and support of members were noted.

The Director Community and Environment identified the key proposals within the revised Strategy reflecting needs identified through the consultation process. Executive welcomed the revised strategy particularly the emphasis on preventing homelessness and supporting clients to move through the varying types of housing.  They noted Scrutiny Committee – Community’s request for a further report to that Committee providing information on how homelessness decisions relating to vulnerable people were reached.

RECOMMENDED that:-

(1)     the revised Homelessness Strategy document 2008-2013 be adopted; and

(2)     an annual report be submitted outlining progress against the strategy’s action plan.  

(Report circulated)

To consider the report of the Head of Housing Services.

Scrutiny Committee – Community considered the report at their meeting on 3 June 2008 and their comments will be reported.

(Report circulated)

The report of the Head of Environmental Health Services was submitted proposing specific changes to the Private Sector Housing Renewal Policy in order to address local needs, as identified in the on-going private sector house condition survey.

Scrutiny Committee – Community considered the report at their meeting on 3 June 2008 and the support and comments of members were noted. Executive welcomed the proposed changes to the Strategy identified in the report. 

Executive recommendedthat:-

(1)     the changes to the Private Sector Housing Renewal Policy outlined in the report be adopted;

(2)     expenditure of the single pot allocation be monitored and the proposed financial allocation to each of the schemes proposed or further schemes be developed with the approval of the Portfolio Holder for Housing and Social Inclusion; and

(3)     the Policy be reviewed annually, or sooner if needs be, in order to ensure that it addresses local needs and/or government policy.

The report of the Head of Environmental Health Services was submitted proposing specific changes to the Private Sector Housing Renewal Policy in order to address local needs, as identified in the on-going private sector house condition survey.

Scrutiny Committee – Community considered the report at their meeting on 3 June 2008 and the support and comments of members were noted. Executive welcomed the proposed changes to the Strategy identified in the report.  

RECOMMENDED that:-

(1)     the changes to the Private Sector Housing Renewal Policy outlined in the report be adopted;

(2)     expenditure of the single pot allocation be monitored and the proposed financial allocation to each of the schemes proposed or further schemes be developed with the approval of the Portfolio Holder for Housing and Social Inclusion; and

(3)     the Policy be reviewed annually, or sooner if needs be, in order to ensure that it addresses local needs and/or government policy.

(Report circulated)

To consider the report of the Head of Estates Services.

(Report circulated)

The report of the Head of Estates Services was submitted seeking agreement to the appropriation of land held by the Council within the area covered by the Canal Basin Regeneration Scheme for planning purposes to facilitate the delivery of the scheme.

Executive recommended that the sites shown shaded on the circulated plan within the Canal Basin area be appropriated for planning purposes to facilitate the Canal Basin Regeneration Scheme.

The report of the Head of Estates Services was submitted seeking agreement to the appropriation of land held by the Council within the area covered by the Canal Basin Regeneration Scheme for planning purposes to facilitate the delivery of the scheme.

RECOMMENDED that the sites shown shaded on the circulated plan within the Canal Basin area be appropriated for planning purposes to facilitate the Canal Basin Regeneration Scheme.

(Report circulated)

To consider the report of the Head of Planning Services.

(Report circulated)

The report of the Head of Planning Services was submitted seeking agreement to the draft Alphinbrook Conservation Area Appraisal and Management Plan for the purpose of public consultation. Members requested that local ward Councillors are kept informed of public consultation meetings.

Executive resolved that the proposed boundary amendments outlined in section 4 of the report and the draft Conservation Area Appraisal and Management Plan be approved for public consultation.

The report of the Head of Planning Services was submitted seeking agreement to the draft Alphinbrook Conservation Area Appraisal and Management Plan for the purpose of public consultation. Members requested that local ward Councillors are kept informed of public consultation meetings.

RESOLVED that the proposed boundary amendments outlined in section 4 of the report and the draft Conservation Area Appraisal and Management Plan be approved for public consultation.

(Report circulated)

To consider the report of the Strategic Management Team. The full Plan can be viewed on the Council’s website http://www.exeter.gov.uk or on request to Member Services.

(Report circulated)

The report of the Strategic Management Team was submitted seeking approval to the Council’s Corporate Plan 2007 – 10 (2008/09 Update).  The Assistant Chief Executive reported that the Corporate Plan had replaced the Best Value Performance Plan.  

Executive recommended that the draft Corporate Plan 2007-10 (2008/09 Update) be endorsed and that any necessary drafting amendments before publication be delegated to the Chief Executive, in consultation with the Leader of the Council.

The report of the Strategic Management Team was submitted seeking approval to the Council’s Corporate Plan 2007 – 10 (2008/09 Update).  The Assistant Chief Executive reported that the Corporate Plan had replaced the Best Value Performance Plan.   

RECOMMENDED that the draft Corporate Plan 2007 – 10 (2008/09 Update) be endorsed and that any necessary drafting amendments before publication be delegated to the Chief Executive, in consultation with the Leader of the Council.

(Report circulated)

To consider the report of the Assistant Chief Executive.

(Report circulated)

The report of the Assistant Chief Executive was submitted seeking approval to a policy for dealing with vexatious complaints from customers. The Chief Executive stated that whilst it was likely that the policy would rarely be invoked, it was important to have a procedure in place for dealing with vexatious complaints.

Executive approvedthat the corporate Vexatious Complaints Policy.

The report of the Assistant Chief Executive was submitted seeking approval to a policy for dealing with vexatious complaints from customers. The Chief Executive stated that whilst it was likely that the policy would rarely be invoked, it was important to have a procedure in place for dealing with vexatious complaints.

RESOLVED that the corporate Vexatious Complaints Policy be approved.

(Report circulated)

To consider the report of the Assistant Chief Executive on the appointment of representatives to serve on outside bodies.

(Report circulated)

A schedule of appointments to outside bodies was circulated as proposed by the four Group leaders.

Executive resolved that the proposed appointments to outside bodies as set out in the Appendix to the minutes be agreed where unopposed andrecommended that contested appointments be agreed by Council. 

A schedule of appointments to outside bodies was circulated as proposed by the four Group leaders.

RESOLVED that the proposed appointments to outside bodies as set out in the Appendix to the minutes be agreed where unopposed and RECOMMENDED that contested appointments be agreed by Council. 

Paragraph 21(9) of Part II of the Local Government Act 2000 precludes members of an authority's executive from also being a member of an overview and scrutiny committee.

In accordance with this provision, Councillor Wardle has been nominated as a member of Scrutiny Committee - Community to replace Councillor Edwards who is a member of Executive.

Paragraph 21(9) of Part II of the Local Government Act 2000 precludes members of an authority’s executive from also being a member of an overview and scrutiny committee. In accordance with this provision, Councillor Wardle was nominated as a member of Scrutiny Committee – Community to replace Councillor Edwards who is a member of Executive. 

Executive recommended that Councillor Wardle be appointed to Scrutiny Committee – Community to replace Councillor Edwards.

Paragraph 21(9) of Part II of the Local Government Act 2000 precludes members of an authority’s executive from also being a member of an overview and scrutiny committee. In accordance with this provision, Councillor Wardle was nominated as a member of Scrutiny Committee – Community to replace Councillor Edwards who is a member of Executive.  

RECOMMENDED that Councillor Wardle be appointed to Scrutiny Committee – Community to replace Councillor Edwards.

The Chief Executive reported that he had received from the Post Office details of the schedule of proposed closures of post offices which included four within Exeter: Union Road, Queen Street, Pinhoe Road and Foxhayes.  The Chair agreed to accept this item for consideration as a matter of urgency since the consultation period for the programme would end on 30 June.

Members expressed their strong opposition to the proposed closures.  They noted that the particular branches identified for closure had amongst the highest number of customer transactions, between 750 and 1500 per week, of the 45 branches proposed for closure throughout Devon. In each case alternative facilities were in excess of half a mile away.

A number of branches had been lost in previous closure programmes and this had increased the pressure on remaining branches. Members were particularly concerned about the impact on elderly customers and those with disabilities who would have difficulty in accessing alternative branches. Additional car journeys would also increase pollution. In addition to the service provided, the post office fulfilled an important social function for many people.  In the event of closures going ahead, members suggested that local authorities should work together to consider other models for the provision of services such as within supermarkets.

Councillor Hannaford, seconded by Councillor Mitchell, proposed the following motion:

“Exeter City Council strongly opposes the continuing erosion of essential and well-used Post Office outlets in the city.

It considers that the closure of the four Exeter branches proposed in this latest round of cuts will lead to real problems of accessibility to a vital community facility. The impact will fall disproportionately on elderly residents and on communities already suffering from relative social and economic disadvantage.”

The motion was agreed unanimously.

Executive resolved that the Chief Executive be requested to respond to the Post Office consultation in the terms set out in the agreed motion.   

The Chief Executive reported that he had received from the Post Office details of the schedule of proposed closures of post offices which included four within Exeter: Union Road, Queen Street, Pinhoe Road and Foxhayes.  The Chair agreed to accept this item for consideration as a matter of urgency since the consultation period for the programme would end on 30 June.

Members expressed their strong opposition to the proposed closures.  They noted that the particular branches identified for closure had amongst the highest number of customer transactions, between 750 and 1500 per week, of the 45 branches proposed for closure throughout Devon. In each case alternative facilities were in excess of half a mile away.

A number of branches had been lost in previous closure programmes and this had increased the pressure on remaining branches. Members were particularly concerned about the impact on elderly customers and those with disabilities who would have difficulty in accessing alternative branches. Additional car journeys would also increase pollution. In addition to the service provided, the post office fulfilled an important social function for many people.  In the event of closures going ahead, members suggested that local authorities should work together to consider other models for the provision of services such as within supermarkets.

Councillor Hannaford, seconded by Councillor Mitchell, proposed the following motion:

“Exeter City Council strongly opposes the continuing erosion of essential and well-used Post Office outlets in the city.

It considers that the closure of the four Exeter branches proposed in this latest round of cuts will lead to real problems of accessibility to a vital community facility. The impact will fall disproportionately on elderly residents and on communities already suffering from relative social and economic disadvantage.”

The motion was agreed unanimously.

RESOLVED that the Chief Executive be requested to respond to the Post Office consultation in the terms set out in the agreed motion.   

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 15 and 16 on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Part I, Schedule 12A of the Act. 

Executive resolved that, under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the consideration of the following items on the grounds that they involved the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Part 1 of Schedule 12A of the Local Government Act 1972.  

RESOLVED that, under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the consideration of the following items on the grounds that they involved the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Part 1 of Schedule 12A of the Local Government Act 1972.  

To consider the report of the Head of Leisure and Museums on proposals for the restructuring of the Leisure and Museums Unit.

Scrutiny Committee – Community considered the report at their meeting on 3 June 2008 and their comments will be reported.

(Report circulated to members)

The report of the Head of Leisure and Museums was submitted setting out proposals for the restructuring of the Leisure and Museums Unit in order to create future savings in the revenue budget.

Scrutiny Committee – Community considered the report at their meeting on 3 June and expressed concern at the reductions in services that would be necessary as a result of the proposals.  Some Executive members were also concerned at the proposals and proposed that the recommendations should be referred back in order that savings could be identified from across both the leisure and museums services.  It was also felt by some members that the proposed restructure was a retrograde step. Members were particularly concerned at the impact of the termination of services such as the Splash Holiday play scheme in disadvantaged areas.   Whilst regretting that such measures were required, Portfolio Holders acknowledged the need to make savings to avoid over–expenditure on the budget. They considered that it was preferable to take forward any proposed reductions in services in a planned manner rather than in response to circumstances as they arose and which might result in compulsory redundancies.

Members were pleased to note those events and activities identified which it was hoped may continue to be delivered in future by other agencies and organisations. In response to the particular concerns expressed by Scrutiny members regarding the Splash Holiday scheme, an amendment to the recommendations was proposed to delete the reference to the termination of the scheme in May 2009 and the deletion of the Splash Co-ordinator post in order to give more time to attempt to identify alternative funding sources.    

Noting the options available and for the reasons stated in the report Executive resolvedthat:- 

(1)     the employment of the holder of the post of Community Outreach Manager (CE 12121) be terminated on the grounds of redundancy as from 31 March 2009, he be paid a compensation payment in accordance with the discretion exercised by the Council under the provisions of the Local Government (Early Termination)(Discretionary Compensation)(England and Wales) Regulations 2006 and that his post be deleted on that date;

(2)     the post of Play Development Manager (CE 12122) be deleted immediately and savings from this year’s budget of £27,100 inclusive of on-costs be used to fund the extension of the post of Temporary Countryside Ranger (CE 12236), and the remainder be used to assist the funding of the costs of redundancy and early retirement of the Community Outreach Manager;

(3)     the post of Temporary Countryside Ranger (CE 12236)  be extended from 11 December 2008 until 31 March 2009;

(4)     the post of Part-time Splash Holiday Co-ordinator (CE 12205)  be extended to 31 May 2009; and

(5)     the new staffing structure for the Leisure & Museums Unit set out in Appendix II to the report be approved with effect from 1 April 2009, and the Head of Leisure & Museums be authorised to transfer services and functions as appropriate.

(In accordance with Standing Order 43, Councillors Edwards and Mrs Henson requested  ...  view the full decision text for item 69.

The report of the Head of Leisure and Museums was submitted setting out proposals for the restructuring of the Leisure and Museums Unit in order to create future savings in the revenue budget.

Scrutiny Committee – Community considered the report at their meeting on 3 June and expressed concern at the reductions in services that would be necessary as a result of the proposals.  Some Executive members were also concerned at the proposals and proposed that the recommendations should be referred back in order that savings could be identified from across both the leisure and museums services.  It was also felt by some members that the proposed restructure was a retrograde step. Members were particularly concerned at the impact of the termination of services such as the Splash Holiday play scheme in disadvantaged areas.   Whilst regretting that such measures were required, Portfolio Holders acknowledged the need to make savings to avoid over–expenditure on the budget. They considered that it was preferable to take forward any proposed reductions in services in a planned manner rather than in response to circumstances as they arose and which might result in compulsory redundancies.

Members were pleased to note those events and activities identified which it was hoped may continue to be delivered in future by other agencies and organisations. In response to the particular concerns expressed by Scrutiny members regarding the Splash Holiday scheme, an amendment to the recommendations was proposed to delete the reference to the termination of the scheme in May 2009 and the deletion of the Splash Co-ordinator post in order to give more time to attempt to identify alternative funding sources.    

RESOLVED that:- 

(1)     the employment of the holder of the post of Community Outreach Manager (CE 12121) be terminated on the grounds of redundancy as from 31 March 2009, he be paid a compensation payment in accordance with the discretion exercised by the Council under the provisions of the Local Government (Early Termination)(Discretionary Compensation)(England and Wales) Regulations 2006 and that his post be deleted on that date;

(2)     the post of Play Development Manager (CE 12122) be deleted immediately and savings from this year’s budget of £27,100 inclusive of on-costs be used to fund the extension of the post of Temporary Countryside Ranger (CE 12236), and the remainder be used to assist the funding of the costs of redundancy and early retirement of the Community Outreach Manager;

(3)     the post of Temporary Countryside Ranger (CE 12236)  be extended from 11 December 2008 until 31 March 2009;

(4)     the post of Part-time Splash Holiday Co-ordinator (CE 12205)  be extended to 31 May 2009; and

(5)     the new staffing structure for the Leisure & Museums Unit set out in Appendix II to the report be approved with effect from 1 April 2009, and the Head of Leisure & Museums be authorised to transfer services and functions as appropriate.

(Report circulated to Members)

In accordance with Standing Order 43, Councillors Edwards and Mrs Henson requested that their names be recorded as having  ...  view the full minutes text for item 69.

To consider the report of the Head of Housing Services on proposals for the restructure of the Housing Landlord Service.

(Report circulated to Members)

The report of the Head of Housing Services was submitted proposing a restructuring of the Housing Services Unit to support the service improvement plan.

Noting the options available and for the reasons stated in the report, Executive resolvedthat, with immediate effect:

(1)     the four Rent Officers (Post numbers CE 06138, 06139, 06140, 06165) are moved from the Tenancy Services Team into the new Income Recovery Team and that their posts are renamed Income Recovery Officers;

(2)     the Housing Support Manager (Post number CE06191) becomes the Income Recovery Manager;

(3)     the current honorarium paid to the Tenancy Services Manager (Post number CE 06190) is ended;

(4)     the Tenant Liaison Officer (post number CE06213) moves from the Tenant Participation Team into the Tenancy Services Team as a Housing Assistant;

(5)     the Clerical Assistant (post number CE 06123) becomes a Housing Assistant and moves from the Housing Support Team into the Tenancy Services Team;

(6)     a new post of Housing Assistant Team Leader is created within the Repairs and Technical Services Section; and

(7)     the post of the successful Housing Assistant is deleted once they have started their new role.

The report of the Head of Housing Services was submitted proposing a restructuring of the Housing Services Unit to support the service improvement plan.

RESOLVED that:-

With immediate effect:

(1)     the four Rent Officers (Post numbers CE 06138, 06139, 06140, 06165) are moved from the Tenancy Services Team into the new Income Recovery Team and that their posts are renamed Income Recovery Officers;

(2)     the Housing Support Manager (Post number CE06191) becomes the Income Recovery Manager;

(3)     the current honorarium paid to the Tenancy Services Manager (Post number CE 06190) is ended;

(4)     the Tenant Liaison Officer (post number CE06213) moves from the Tenant Participation Team into the Tenancy Services Team as a Housing Assistant;

(5)     the Clerical Assistant (post number CE 06123) becomes a Housing Assistant and moves from the Housing Support Team into the Tenancy Services Team;

(6)     a new post of Housing Assistant Team Leader is created within the Repairs and Technical Services Section; and

(7)     the post of the successful Housing Assistant is deleted once they have started their new role.

(Report circulated to Members)