Agenda and draft minutes

To receive any apologies for absence.

Apologies were received from Cllr N Bradshaw.

To receive any questions relating to items on the Agenda from members of the public and replies thereto.

The following questions were received from members of the public:

Mr Nick Quinn:

My questions concern Agenda Item 8 – The 3 Rivers Soft Closure Update Report Paragraph 2.4 lists a number of key actions to be carried out by the end of March 2024, my first questions are on these actions:

The assets/holdings listed as actively being transferred include "Knowle Lane, Park Nursery Expenditure and Working Capital".

Question 1:

The Council purchased Knowle Lane on February 2nd and the other two items were previously ‘impaired’ loan amounts, not assets – so can this statement be explained please?

Response from the Cabinet Member for Finance

The key actions listed in 2.4 made reference to assets/holdings that will be transferred by the 31/3/24. Some items had already been completed and some were still subject to completion. This was a simple statement to give reassurance that they would all be completed by the 31/3/24.

Question 2:

Has the Purchase of St Georges Court been completed yet?

Response from the Cabinet Member for Finance

No St Georges Court has not been completed yet. It was currently on target to complete next week.

It is also stated that “the management of assets on behalf of the General Fund will be transferred to a new external management company”.

Question 3:

Is the Council setting up this “New External Management Company”?

If Yes?

Response from the Cabinet Member for Finance

No, the Council was simply looking to procure an external letting agent for 4 Council owned residential flats/houses.

Question 3(a):

Will it be set up properly, and implement the recommendations of the Scrutiny Committee ‘Lessons Learned’ report on 3 Rivers?

Response from the Cabinet Member for Finance

This would be awarded to an existing lettings company which would have its own governance arrangements.

Question 3(b):

Will the Director, or Directors, be External?

Response from the Cabinet Member for Finance

Yes as it is an external company 

Question 3(c):

By what date will this be set up?

Response from the Cabinet Member for Finance

The external letting company and these arrangements would be in place by the 1/4/24.

Paragraph 3.1 puts the projected total loss at around £5.1Million - dependent on sales and the valuation of the transferred assets.

Question 4:

Has the interest on loans continued to be added, to the outstanding amounts, during this close-down process?

Response from the Cabinet Member for Finance

The Council had continued to charge interest against all live projects.

Question 4(a):

What is the current ‘Total Outstanding Amount’ owed to the Council, by 3 Rivers, inclusive of interest?

Response from the Cabinet Member for Finance

As at 1/3/24 the total gross outstanding amount was £19.0m. Obviously, this sum would significantly reduce as loans were cleared/repaid as assets were transferred and/or sold by the 31/3/24.

Question 4(b):

How is the value of each asset being assessed?

Response from the Cabinet Member for Finance

By a combination of: external formal valuations, costs incurred to date and reference to selling agents  ...  view the full minutes text for item 123.

To record any interests on agenda matters.

No interests were declared under this item. Members were reminded of the need to make declarations of interest where appropriate.

To consider whether to approve the minutes as a correct record of the meeting held on 6 February 2024.

The minutes of the previous meeting held on 6^th of February 2024 were approved as a correct record and SIGNED by the Leader. This included the following amendment to the answer to Mr Warren’s question 2 to read as “Yes they have been complied with, but if the former Leader of this Council has material information, please will he provide it in writing to me, so that I may investigate it”. Cllr S Clist left the meeting at item 18.

To receive a report from the Corporate Manager for Business Transformation & Customer Engagement on Customer Care Policy.

Cabinet had before it a report * from the Corporate Manager for Business Transformation & Customer Engagement on Customer Care Policy.

The Cabinet Member for Working Environment and Deputy Leader of the Council outlined the contents of the report with particular reference to the following:

·         The Customer Care Policy and Standards had been reviewed every two years to provide guidance to staff including the expectation of Mid Devon District Council customers to remand (remain?) in line with best practice.

·         The Policy had been recommended to Cabinet via the Community Policy Development Group that the Policy and Standards be adopted.

·         The Policy and appendix covered general customer service across the Council and was not solely focussed on the Customer Services team who staff the contact centre and enquiries desk.

·         Care Leavers, with a focus on Corporate Parenting, Mid Devon District Council had recently implemented a discounted Leisure membership and Council Tax exemption for care leavers. This followed on from a previous decision to discount Leisure membership for Carers. All of which improved service access to vulnerable or disadvantaged groups.

·         The Single Equalities Scheme was approved by Cabinet on 4 April 2023. After the May 2023 elections, new Members had joined the Equality, Diversity and Inclusion Group to focus on continued work to ensure effective access to Council services.

Discussion took place regarding:

·         As Mid Devon District Council obtains personal data of residents should reference to this be in the policy along with safeguarding?

·         A reference number be issued to residents when receiving emails and calls as Members could follow up at a later date to find out the status.

·         The standard response time for the acknowledgement of emails or writing by post on general enquiries or complaints.

·         The 10 days response time on enquiry or complaints was?? adequate time to provide a response.

·         The name of the service as stated in the appendix, would this be the case officer?

·         Would the hearing loops in customer services area work correctly due to the work ongoing in the Phoenix Chamber.

.

RESOLVED that:

Cabinet recommend to Council that the Customer Care Standards and Customer Care Policy contained in Annexes 1 and 2 be adopted.

(Proposed by Cllr J Lock and seconded by Cllr S Clist)

Note: * Report previously circulated.

To receive a report from the Environment and Enforcement Manager on Environment and Education Policy Review.

Cabinet had before it a report * from the Environment and Enforcement Manager on Environment and Education Policy Review.

The Cabinet Member for Environment and Services outlined the contents of the report with particular reference to the following:

·         The Street Scene Environment and Enforcement Team, together with Legal Services, had undertaken an internal review of the current policies in line with existing Government legalisation and they were now up to date and fit for purpose.

·         The importance of the work to ensure the recycling waste was disposed of correctly under the new 3 weekly bin scheme and Mid Devon District Officers take appropriate action where offences happen to keep the streets tidy.

The Environment and Enforcement Policy outlined the contents of the report with particular reference to the following

·         Inclusion of a 50% discounted rate for a period of 14 days enabled the authority to show proportionate measures in respect of littering. Discounted periods had shown to increase the percentage of payments against such fines

Discussion took place regarding:

·         Clarification around the 50% reduction in the fixed penalty notice.

·         The form of poverty premium, those that could afford to pay immediately get discounted at 50% and those who cannot will have to pay in full.

·         Evidence of littering those would receive a penalty with a discounted rate and this went against Full Council agreement on Poverty Premium.

·         Those in position of poverty, would the policy be flexible in regards to payment terms or plan to be put in place?

·         Evidence of other Local Authorities with receiving payments quicker at a discounted rate.

·         To add to the policy for residents to contact the Enforcement Team if they were in financial difficulty. 

·         The sale of dogs in the stray dog policy and did the policy reflect the new legislation on XL Bully’s and euthanasia?

·         Stray dogs were held for a minimum period of seven clear days what was the maximum?

·         In regards to waste and recycling, did Mid Devon District Council have the appropriate resources?

·         Communal areas being used incorrectly when disposing of waste.

·         The abuse when out in the community litter picking. How many officers were there on the ground to catch the perpetrators when littering.

·         If the perpetrators were minors would they face prosecution in regards to littering?

·         What was the cost of administration of a 14 day fine or 30 day? Would this period need to be changed due to people receiving monthly salaries to save further administration costs. 

·         Concerns around the serving of a Section 46 (1) Notice did not imply that a household was not managing their waste properly and, as such, the notices may be served on as many properties as appropriate to enable a consistent and fair approach to enforcement across the District.

·         The concerns about the stage one of the enforcement procedures.

The Chief Executive made particular reference to the following:

·         The remit of the Council to seek to take a proportionate review on individual cases.

·         The element of discretion of how robustly the  ...  view the full minutes text for item 127.

To receive a report from the Deputy Chief Executive (S151 Officer) providing a progress update on the timetable and further actions required to enable the soft closure of 3 Rivers Development Ltd.

Cabinet had before it a report * from the Deputy Chief Executive (S151) Officer on 3 Rivers Development Ltd – Soft closure progress update

The Cabinet Member for Finance outlined the contents of the report with particular reference to the following:

·         Appraised Cabinet and the wider membership on the progress of the closure of 3 Rivers.

·         Mid Devon District Council are on track for the company to cease trading on the 31^st March 2024 and then an application for the company to be dissolved after the statutory period.

·         The recommendations enable the full closure of the company as directed by Full Council in a timely and most effective way.

RESOLVED that:

1.    Cabinet note the progress and milestones achieved and those that will be completed by 31/3/24.

2.    Cabinet resolve to dissolve the Company by way of Voluntary Strike off.

3.    Cabinet resolve to the disapplication of the requirement under the Articles of Association/Shareholder (Governance) Agreement to have three Directors, and that there be one Director in post for the purpose of dissolving the Company after the 31/3/24.

4.    The Cabinet Member for Finance be given delegated authority on behalf of the Shareholder to sign the final resolution(s) to close the company.

(Proposed by Cllr J Buczkowski and seconded by Cllr S Clist)

Reason for Decision:

To ensure the company is closed in accordance with the Companies Act 2006.

Note * Report previously circulated

To note the contents of the Forward Plan.

The Cabinet had before it and NOTED the Notification of Key Decisions *

Changes had been made to this since the publication of the document with the agenda for this meeting:

The following items were added to the Forward Plan:

·         Crediton Town Centre Masterplan SPD and Delivery Plan.

·         Tenure Reform working group recommendations.

·         New Corporate Plan.

The following items were deferred to a future date:

·         Planning Enforcement Policy had moved to June

·         Tenure Reform and Change’s to the Tenancy Agreement- Project Plan moved to October

Note: * Notification of Key Decisions previously circulated.