Agenda and minutes

Full Council
Monday, 15th January, 2018 10.00 am

Venue: Council Chamber, Forde House, Brunel Road, Newton Abbot, TQ12 4XX

Contact: Neil Aggett  Email: comsec@teignbridge.gov.uk

Items
No. Item

277.

Minutes pdf icon PDF 97 KB

To approve as a correct record and sign the minutes of the Council meeting held on 3 November 2017.

Minutes:

The minutes of the meeting held on 3 November 2017 were approved as a correct record and signed by the Chairman.

278.

Chairman's announcements

Minutes:

The Chairman, on behalf of his mother, his civic escort, and himself thanked Councillors and staff who had conveyed their condolences in relation to the loss of his father.

 

He referred to the Civic Service which would be held on 4 March 2018 and the Parish Church of St John the Baptist, Bishopsteignton, 3.00 p.m. to which all members were warmly invited.

 

The Chairman advised that he had attended two Teignbridge events since the last Council meeting: the new Dawlish Countryside Park was officially opened on 7 January, 2018. The Park is next to Sainsburys, accessed from the A379; the Sports Personality Awards presentations were held at the Langstone Cliff Hotel at the beginning of December.

 

In relation to recent media coverage regarding the liquidation of the national construction company Carillion, the Leader of the Council advised that the company’s current situation would not affect any development projects relating to the Council’s assets.

279.

Declarations of interest

Minutes:

There were no declarations of interest.

 

280.

Public questions session under Council Procedure Rule 4.5(j)

Minutes:

There were no public questions.

281.

Councillor questions under Council Procedure Rule 4.5(k)

Minutes:

 

Questions submitted by Councillor Gordon Hook:

1          Teignbridge acquired approx £400,000 from unreturned change in its car parks since 2011. How has this money been used? Into which account did it go?"

 

Answer by Leader

I don’t agree with the figure quoted in the question. The over vend from off street car parking from 2010-11 to 2015-16 is £338,827 as stated in the reply to the Freedom of Information request number 9466.

 

These funds have been utilised to offset other variances within the revenue budget and reported as they arise as part of the management accounts reports to Executive. They have not been allocated to a separate pot but form part of the income and expenditure streams which balance our general fund. Where car parking surpluses have been made against budget we have in the past and will in the future be reinvesting elements of this surplus back into the service through the capital programme.

 

Supplementary question

In response to a supplementary question the Leader advised that change was also not given prior to 2010, and the provision of change giving machines are of a cost in which the Council does not wish to invest.

 

2          Will the Leader join with me and condemn those who are spoiling our towns and villages with graffiti?

 

Answer by Leader

I don’t believe any of us in the chamber condone graffiti.

 

3          Will he establish an "anti graffiti" hit squad to respond to these acts of vandalism by the use of anti graffiti paint to eliminate these eye sores?

 

Answer by Leader

 

The Council already has a service to deal with graffiti. The Council has a ‘report it’ page on its website www.teignbridge.gov.uk  to encourage reporting of graffiti and can also provide a service for the removal of graffiti from private property for a cost. It can also be reported via the Environment Hotline  0800 328 6402.

 

Additionally, there are a number of companies operating in the area who also offer a graffiti removal service.

 

We currently operate a single, towable high pressure jet wash used in conjunction with graffiti cleaning gels and wipes. This is operated by the High Speed Roads litter team when required in addition to their scheduled daily and other ad-hoc work.

 

We currently only remove graffiti from TDC properties, land or assets free of charge. Offensive graffiti on TDC assets is prioritised and removed as soon as possible. We occasionally undertake work for DCC Highways at their request where safe to do so and with their authorisation. We deal with approximately 30 cases of graffiti clearance per year at present with a further 19 cases reported that we do not action clearance on ourselves as are private assets and notify utility companies and/or owners where possible.  Wherever we undertake removal of graffiti from a 3rd party’s asset we first have to gain authority, we do not have the power to enter private property to undertake clearance works without authorisation.

 

Supplementary Question

Councillor Hook suggested a cross  ...  view the full minutes text for item 281.

282.

Notices of motion under Council Procedure Rule 4.5(l) (if any)

Minutes:

There were no Notices of Motion.

283.

Heart of the South West Joint Committee (HotSWJC) pdf icon PDF 110 KB

To detail the necessary documents which, if agreed, will enable the Heart of the South West Joint Committee to be formally established. 

Additional documents:

Minutes:

The Leader presented the report circulated with the agenda, which detailed the constitutional arrangements and inter-authority agreement necessary to enable the Joint Committee to be formally established. Appendix A sets out the arrangements document. Appendix B sets out the Administering Authority in support of the Committee including financial, legal and constitutional functions.

 

 The key role of the HotSWJC is to develop, agree and approve the implementation of the Productivity Strategy, through focusing on collaboration, negotiation and influencing, with full decision making responsibilities.  

 

Councillor Connett commented that the requested £1400 each, from all partners to fund the administration and the work programme of the Joint Committee in 2018/19 was not a large amount. However, totalling £89,000 from all partners was money that could be better utilised across Devon and Cornwall.       

 

In response the Leader of the Council, Councillor Christophers, referred that the nominal amount, of which there was more in each Councillor’s community fund, would enable the Council to be a partner on the Joint Committee to represent the Teignbridge community.  Employment opportunities were available in the area, but more highly paid jobs were required.

 

It was noted that the wording of paragraph 11.5 of Appendix B had been superseded from that which was detailed in the report circulated with the agenda.                                                  

 

It was proposed by the Leader of the Council and seconded that the recommendations set out in the report circulated with the agenda be approved, subject to the updating of paragraph 11.5 of Appendix B. The proposal was carried by 23 votes for and 11 against. 

 

Resolved

 

(a)          The recommendation of the HotSW Leaders (meeting as a shadow Joint Committee) to form a Joint Committee for the Heart of the South West be approved.

 

(b)          The Arrangements and Inter-Authority Agreement documents set out in appendices A and B for the establishment of the Joint Committee be approved, with the commencement date of Monday 22 January 2018, subject to paragraph 11.5 of Appendix B being amended to read: All press releases to be approved by the press office of the administering Authority. 

 

(c)          The Leader and Deputy Leader be appointed as the Council’s named representative and substitute named representative on the Joint Committee.

 

(d)          Somerset County Council be appointed as the Administering Authority for the Joint Committee for a 2 year period commencing 22nd January 2018.

 

(e)          The transfer of the remaining joint devolution budget to meet the support costs of the Joint Committee for the remainder of 2017/18 financial year subject to approval of any expenditure by the Administering Authority be approved.

 

(f)           An initial contribution of £1400 for 2018/19 be approved to fund the administration and the work programme of the Joint Committee, noting that any expenditure will be subject to the approval of the Administering Authority.

 

(g)          The key function of the Joint Committee to approve the Productivity Strategy be approved. (It is intended to bring the Strategy to the Joint Committee for approval by February 2018).

 

(h)          The initial work programme of the Joint Committee aimed  ...  view the full minutes text for item 283.

284.

Financial Instructions pdf icon PDF 87 KB

To give approval for the Financial Instructions to be amended.

 

Additional documents:

Minutes:

The Finance Manager referred to the report circulated with the agenda and the proposed amendments to the Financial Instructions as recommended by the Audit Committee at its meeting on 14 December, 2017.

 

The Financial Instructions provide the framework for managing the Council’s financial affairs, and it is important that they are reviewed to ensure they are fit for purpose and reflect the business needs of the Council.

 

The proposed amendments recommended by the Audit Committee were:

·      Clarifying the virement (or budget change) limits for capital budgets to align them with the Constitutions Key Decision limit of £125,000.

·      An increase in the limit for revenue virements approved by officers from £40,000 to £50,000 to bring them into line with capital virement limits which are already £50,000. 

·      Increasing the thresholds for minor property transactions to allow the Business Manager Economy and Assets to dispose of assets up to £50,000 in consultation with the Portfolio Holder, Head of Paid Service, Business Lead, and Chief Finance Officer. This would also allow the Business Manager Economy and Assets to make minor acquisitions up to £50,000 in consultation with the Portfolio Holder, Head of Paid Service, Business Lead and Chief Finance Officer. This will help speed up decisions for minor transactions where we may need to respond to market opportunities for critical developments.

 

It was proposed by Councillor Clarance, seconded by Councillor Hockin and

 

Resolved

 

That the proposed amendments to the Financial Instructions recommended by the Audit Committee at its meeting on 14 December, 2017 be approved.

(Carried by 21 votes for and 13 against)

 

285.

Council Tax Base pdf icon PDF 57 KB

To consider the proposed council tax base 2018/19 as recommended by the Executive at its meeting on the 9 January 2018.

 

Additional documents:

Minutes:

The Portfolio Holder referred to the report circulated with the agenda.  He advised that the council tax base is the estimated number of band D equivalent properties in the district for next year less a small allowance for likely collection losses. The council tax for each of district, county, fire, police and towns/parishes multiplied by the council tax base gives the income or precept which the district pays to each authority. The district is responsible for collecting its own council tax and that of the County.

 

Following consideration of the report it was proposed by Councillor Barker, seconded by the Leader, Councillor Christophers and unanimously

 

Resolved

 

The council tax base of 48,577 for 2018/19 as detailed at appendix A of the report circulated with the agenda be approved.

 

286.

Council Tax Reduction Scheme pdf icon PDF 92 KB

To provide members with an update on the current Council Tax Reduction (CTR) Scheme, and to seek approval of the Scheme and the Exceptional Hardship Policy (EHP) for the 2018-19 financial year.

 

Additional documents:

Minutes:

Consideration was given to the report circulated with the agenda which updated Members on the current Council Tax reduction Scheme, and sought approval for the scheme and the Exceptional Hardship Policy for the 2018-19 financial year. The scheme would help those in exceptional hardship.

 

It was proposed by Councillor Barker and seconded by Councillor Gribble that the recommendation as detailed in the report circulated with the agenda be approved. This was carried by 22 votes for, 0 against and 1 abstention.

 

Resolved

 

(a)   That the Council Tax Reduction Scheme for 2018-19 as set out in Appendix A of the report circulated with the agenda be adopted.

(b)   That the continuation of the Exceptional Hardship Policy be approved.

 

 

At this juncture the Interim Head of Paid Service left the meeting.

287.

Exclusion of the Press and Public

The Council is recommended to approve the following resolution:

 

That under Section 100(A)(4) of the Local Government Act 1972 the Press and public  be excluded from the meeting for the following item(s) of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3  of Part 1 of Schedule 12A of the Act.

 

Minutes:

It was proposed by Councillor Smith, seconded by Councillor Haines and

 

Resolved

 

That under Section 100(A)(4) of the Local Government Act 1972 the press and public  be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3  of Part 1 of Schedule 12A of the Act.

 

288.

Appointment of Head of Paid Service

Minutes:

The Leader of the Council, Councillor Christophers, referred to the confidential report circulated at the meeting. He thanked the Members of the Appointments and Remuneration Committee for the time and commitment in reaching the recommendation for the appointment of a Managing Director, as set out in the report.

 

The Leader of the Opposition, Councillor Hook and a member of the Committee, concurred with the Leader of the Council. The recommendations had been reached in the best interests of the Council, the community and the delivery of services.

 

In response to a question regarding the interview process, Councillor Barker, a member of the Committee, confirmed that the process followed the normal internal interview procedure. In response to a further question regarding the appointment of a Deputy Managing Director, Councillor Barker advised that the posts of Chief Executive and Deputy Chief Executive would be deleted from the establishment, and the necessity of a Deputy Managing Director would be considered.

 

Councillor Christophers added that his new role includes the duties and responsibilities undertaken by the Head of Paid Service and will also focus on the internal delivery of the priorities set out in the Council Strategy. The salary range of the Managing Director would be published on the website in accordance with statutory requirements, and a press statement would be provided following the meeting.

 

 

It was proposed by Councillor Christophers, seconded by Councillor Hook and unanimously

 

Resolved

 

(a)    Mr Phil Shears be appointed permanently as Head of Paid Service with immediate effect on the basis that the Head of Paid Service responsibilities will be added to his current role.

(b)    Mr Shears’ be designated the new role as Managing Director of the Council, a combination of the responsibilities he has in his current role and the Head of Paid Service responsibilities, be approved.

(c)    The outcome of the Hay evaluation be noted, and Mr Shears’ starting salary as Managing Director of the Council and the potential pay progression as set out at paragraph E of the report be approved.

 

At this juncture the Meeting returned to public session. The Interim Head of Paid Service returned to the meeting and the Chairman and all Members congratulated Mr Shears on his immediate appointment as Managing Director.

289.

COMMON SEAL

“That the Common Seal of the Council be affixed to any document or documents necessary to give effect to the resolutions passed by the Council at this meeting.”

Minutes:

Resolved

 

The Common Seal of the Council be affixed to any document(s) necessary to give effect to the resolutions passed by the Council at this meeting.