Minutes - 10th September 2007

42.-

MINUTES

Resolved: That the minutes of the meeting held on 30th July be confirmed as a correct record and signed by the Chairman.

DECLARATION OF INTERESTS

Declarations of interest were made as indicated below.

ANNUAL GOVERNANCE LETTER

The Committee were reminded that they had a delegated function regarding audit and in this connection now received a presentation from Peter Lawrence and Catherine Brown of the Audit Commission in respect of the draft Annual Governance Report for 2006/07. A copy of the report was circulated. It was necessary for the final report to be agreed by 28th September for publication. The outstanding issues identified were not considered to be serious and therefore an unqualified final report was anticipated. In response to a question Mr Lawrence confirmed that the improvements made by the Council towards achieving "Excellent" status were acknowledged but he considered that these were not issues for the current report and should be taken up in separate reports. District Council Officers also suggested that an unqualified report was considered to be normal and that, therefore the progress should be fully recognised within the current report.

Mrs Brown then went through the report in detail to describe the basis and process for the formulation. It was acknowledged that the report had been produced against a very tight timescale and that Officers had had little time to review the document. She reported that there had been an initial meeting this morning and that she would subsequently be meeting with Officers to enable some paragraphs to be refined before publication of the final report. Members noted that the verbal report was more positive than the draft report and received assurance that discussions with officers were still ongoing to agree the final wording of the report.

The Chairman then thanked the representatives for attending the meeting and for their presentations.

Resolved: That the draft report on Annual Governance be received and noted.

(Vote 8 For 0 Against )

CODE OF CORPORATE GOVERNANCE

The Committee considered the report of the Strategic Director (Corporate Resources) which included a revised Code as indicated above. This would also link with the Statement on Internal Control and Risk Management Strategy and work carried out by the Overview and Scrutiny Committee.

Resolved: That the Code of Corporate Governance be approved and adopted as presented.

(Vote 8 for 0 Against )

WHISTLEBLOWING AND ANTI-FRAUD & CORRUPTION POLICIES

The Committee received the joint report of the Audit Manager and Head of Human Resources including revisions of the above policy documents. It was considered appropriate for these to be updated and refreshed to take account of the council's current structure, the latest legislation and procedures.

Resolved: To adopt the Whistleblowing Policy and the Anti-fraud and Corruption Policy.

(Vote 8 For 0 Against)

AUDIT REPORTS ON KEY SYSTEMS FOR 2006-07

The Committee considered the Audit Manager's report, which provided a summary of the key systems audit reports for 2006/07.

The basis of the previous reporting process to the Overview & Scrutiny Committee was noted. This Committee now had a delegated audit function and Members were asked how they wished to receive reports for consideration. In this connection Members were advised that the full reports were often complex and lengthy but summaries could be provided in each case. It was also suggested that reports should be sent by electronic means, where possible. Concerns were expressed that as much information as possible should be made available to all Members and not just those on this Committee.

Resolved: That, having received the views of Members, specific examples of reports be presented to the next meeting to enable a definitive report format to be established for both this Committee and all Members.

(Vote 8 For 0 Against)

LOCAL GOVERNMENT ACT 1972 (AS AMENDED)

Resolved: That under Section 100(A)(4) of the Local Government Act 1972 (as amended) the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 7 of Part 1 of Schedule 12A of the Act.

(Vote 8 For 0 Against)

ANNUAL PERFORMANCE REPORT 2006-07 AND UPDATE ON AUDITS COMPLETED

The Committee received the report of the Audit Manager which detailed the performance of the Audit Team against the 2006/07 audit plan. Reference was also made to staffing resource issues within the Team.

Resolved: That the Annual Report on the performance of the Torridge Internal Audit Service be noted in accordance with the role as the Council's Audit Committee.

(Vote 8 For 0 Against)

NON-COMPLIANCE WITH PROCEDURE RULES FOR 2006-07

The Committee considered the report of the Strategic Director (Corporate Resources) which identified instances of exceptions and non-compliance with Financial Procedure Rules and the actions taken.

Resolved: That the exceptions approved by the Strategic Director (Corporate Resources) and matters of non-compliance be acknowledged.

(Vote 8 For 0 Against)

The Meeting adjourned at 11.30am and reconvened 11.35am.

LOCAL GOVERNMENT ACT 1972 (AS AMENDED)

Resolved: That under Section 100(A)(4) of the Local Government Act 1972 (as amended) the public be re admitted to the meeting.

(Vote 8 For 0 Against)

TORRIDGE DISTRICT COUNCIL/BIDEFORD TOWN COUNCIL LIAISON COMMITTEE

The minutes of the meeting held on 9th July were presented.

Resolved: That the minutes be received and noted.

(Vote 8 For 0 Against)

TORRIDGE DISTRICT COUNCIL/GREAT TORRINGTON TOWN COUNCIL LIAISON COMMITTEE

The minutes of the meeting held on 18th July were presented.

Resolved: That the minutes be received and noted.

(Vote 8 For 0 Against)

TORRIDGE DISTRICT COUNCIL/NORTHAM TOWN COUNCIL LIAISON COMMITTEE

The minutes of the meeting held on 19th July were presented.

Resolved: That the minutes be received and noted.

Vote 8 For 0 Against)

TORRINGTON AREA ADVISORY GROUP

The minutes of the meeting held on 24th July were presented.

Resolved: That the minutes be received and noted.

(Vote 8 For 0 Against)

MINUTES - MANAGED WORKSPACE WORKING GROUP - 24TH JULY 2007

The minutes of the meeting held on 24th July were presented.

Resolved: That the minutes be received and noted.

(Vote 8 For 0 Against)

IT PRESENTATION

It was reported that this item had been withdrawn for consideration at this time.

DEBT RECOVERY AND WRITE OFF

The Committee gave consideration to a report by the Interim Head of Finance covering the above subject for the processes and procedures for the ongoing quarterly write off of debt. Proposals were included to change the procedures for debt reporting and write off and to include the necessary amendments to the Financial Procedure Rules. There was also a full presentation by the Revenue and Benefits Manager and the NNDR & Income Team Leader. The Committee also noted that a confidential report would also be considered later in the meeting.

Resolved:

(1) That the Council's level of outstanding debt and recovery performance be noted.

(2) That the comprehensive debt recovery procedures applied by the Council be noted.

(Vote 5 For 2 Against 1 Abstention)

Recommended: That the changes to the Financial Procedure Rules set out in the report be recommended for approval.

CUSTOMER ACCESS IN TORRIDGE

The Head of Corporate Services presented a report to provide information on the development of a Customer Access Strategy and the principles to provide the framework for the development. The Committee were advised that this process had been developed following the customer review to achieve budget efficiencies. A number of local authorities have developed similar strategies and a draft discussion paper was submitted based on the Somerset County Council example. The Committee were also advised that the establishment of a Customer Access Strategy would relate to the CPA reclassification of Torridge in 2008. Support for the process of developing the Strategy had been offered by the IDeA and details of the arrangements and timescale were reported.

Resolved:

(1) To undertake an IDeA peer review of Customer Access as set out in the report, including an approach to North Devon District and Mid Devon District Council's to identify synergies in relation to customer access.

(2) To produce recommendations for the formulation of a Customer Access Strategy.

(3) To develop a Customer Access Strategy based on recommendations from the review.

(Vote 8 For 0 Against)

BIDEFORD REGENERATION FRAMEWORK

The Committee gave consideration to the revised report of the Head of Community Planning and Development which was circulated at the meeting. The changes from the original report circulated with agenda were highlighted. The report was to seek approval to provide funding and in kind support for the next phase of the Bideford Regeneration Initiative (BRI)

It had previously been agreed to bring back a more detailed on the proposals and implications. The Committee were also reminded about the background to the establishment of the BRI Framework and the subsequent engagement of the Terence O'Rourke partnership. A study had been produced in 2007 and had been the subject of public consultation. Prospective development sites had been identified and the report now considered those at Bideford Cattle Market and Brunswick Wharf..

The report now gave information concerning about expenditure and anticipated project funding by the Council and other partners and the Committee were invited to consider the means to move the project forward. Concerns were expressed concerning the process, which had been carried out so far and the inclusion of the Cattle Market Site. It was considered that this site could have the potential to be linked with the possible adjacent land and that the inclusion could be premature. The Committee were reminded, however, that it was necessary to promote schemes such as those proposed by the BRI to assist with the economic regeneration of Bideford which, in turn would benefit other parts of the District.

Resolved: That a contribution of £40,000 be approved from the Community Development Capital Fund and the in kind contribution to support the proposals for the next phase of the Bideford regeneration Initiative subject to:

(1) The prior completion of a funding/partnership agreement setting out the respective responsibilities of each party and the arrangements for on going monitoring.

(2) The project including a review of the sites identified under the Terence O'Rourke study.

(3) The prior review of the heads of agreement set out in the report.

(Vote 8 For 0 Against)

EXTENSION OF MEETING

In accordance with the Constitution it was proposed that the meeting be extended beyond 3 hours.

Resolved: That the meeting be extended.

(Vote: 8 For, 0 Against)

EQUALITY SCHEME 2007 TO 2010

The Committee considered a report by the Head of Human Resources which gave details of proposals to establish and implement the above scheme. A copy of the full proposed scheme which had been subject to public consultation was circulated. The Scheme set out a number of actions to achieve Level 2 of the Equality Standard for Local Government by March 2008 and Level 3 by March 2009.

Resolved: That the Equality Scheme be endorsed as presented and the commitments set out endorsed.

(Vote 8 For 0 Against)

PR, COMMUNICATIONS AND CONSULTATION STRATEGY

The report of the Head of Corporate Services was submitted together with a draft Strategy as indicated above. The Committee were advised that it was considered appropriate to refresh and update existing strategy which had originally been produced in 2004.

Resolved: That the PR, Communications and Consultation Strategy be approved for adoption by the Council.

(Vote 8 For 0 Against)

CADETS PROJECT - PROVISION OF A CENTRE OF EXCELLENCE

The Committee were advised that there had been a previous decision to consider the provision of this facility in Bideford. Reference was now made to a discussion at a recent Leadership Team and to an information note circulated by Councillor SE L Clarke.

Further information was made available during the Committee discussion but this was not considered sufficient to progress the proposal at this time. It would also be necessary to agree the priority of scheme in relation with other projects.

Resolved: That a full report in respect of the proposal be made to a future meeting.

(Vote 8 For 0 Against)

Councillor R Hicks declared prejudicial interests in items 65 (act for a neighbour) and 67 (have acted for tenant) and left the meeting before the discussion and vote in each case.

Councillor B Parsons took the Chair for these items.

CHUBB/CHURCHILL ROAD FIRST PLANNING RESOLUTION

The Committee were reminded concerning the decision taken at the previous meeting not to enter into a "contractual contract for the sale" of this land. It had also been agreed to maximise the value "with consideration being given to the site being put to public auction" The Committee were now asked to consider approving the necessary planning application resolution.

Resolved: That pursuant to Regulation 3 of the Town and Country Planning General Regulations 1992 an application for planning permission shall be made by Torridge District Council to develop it's own land, namely residential development at Chubb Road, Bideford.

(Vote 7 For 1 Member out of room)

LOCAL GOVERNMENT ACT 1972 (AS AMENDED)

Resolved: That under Section 100(A)(4) of the Local Government Act 1972 (as amended) the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 9 of Part 1 of Schedule 12A of the Act.

(Vote 7 For 1 Member out of room)

NORTHAM CEMETERY FUTURE PROVISION

The Committee considered the confidential report of the Interim Head of Financial Services which gave background information regarding land in Northam which had originally been purchased for future cemetery provision. A review of provision had been carried out and it was considered that this site was now surplus for the original purpose and that no additional provision was required in the parish.

Resolved: That no new cemetery provision be made in Northam Parish.

(Vote 7 For 1 Member out of room)

Councillor S E L Clarke left the meeting at 2.15pm

LOCAL GOVERNMENT ACT 1972 (AS AMENDED)

Resolved: That under Section 100(A)(4) of the Local Government Act 1972 (as amended) the public be readmitted to the meeting.

(Vote 6 For 0 Against 1 Member out of room)

UPDATED MEDIUM TERM FINANCIAL PLAN FOR MEMBERS' APPROVAL

It was reported that this item had been withdrawn for consideration at this time.

LOCAL GOVERNMENT ACT 1972 (AS AMENDED)

Resolved: That under Section 100(A)(4) of the Local Government Act 1972 (as amended) the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 7 and 9 of Part 1 of Schedule 12A of the Act.

(Vote 7 For 0 Against)

DEBT RECOVERY AND WRITE OFF PROCESSES

The Committee considered the confidential report of the Interim Head of Financial Services as an addendum to the previous debt recovery and write off report. Information was supplied regarding individual cases.

Resolved:

(1) That the write off of the Council Tax debts detailed Appendix A be approved with the exception of account 402643931 totalling £9355.54.

(2) That the write off of the Business Rate debts detailed in Appendix A be approved with the exception of account 260742650 totalling £10,614.97.

(Vote 7 For 0 Against)

ETHELWYNNE BROWN EX TREATMENT WORKS

The Committee considered a confidential report of the Interim Head of Financial Services relating to this site, which had previously been declared surplus to the Council's requirements. The site would not be transferred to Tarka Housing and a previous decision had been to restrict the use by an over 55's age restriction. This would have a potential detrimental affect on the valuation for sale purposes and the Committee were requested to give further consideration to this.

Resolved: That the over 55's restriction for the redevelopment of the Ex Ethelwynne Brown Close treatment works be lifted and that Officers proceed with the development of the site.

(Vote 7 For 0 Against)

TORRIDGE SMALL BUSINESS LOAN FUND (TSBLF)

The Committee received the confidential report of the Strategic Director (Corporate Resources) which gave details of the background to this fund which had been created to help new businesses, particularly employees made redundant from Appledore Shipbuilders. The fund had been administered by the District Council but the Committee had not met since 2003. Reference was also made to the current status of loans outstanding.

Resolved: That the status of the TSBLF be noted and Officers instructed to take recovery action.

(Vote 6 For 1 Against)

COUNCIL INVESTMENTS

The Interim Head of Financial Services submitted a list of the Council's deposits with various organisations.

Resolved: That the report and list of deposits be noted.

(Vote 6 For 1 Against)

The meeting commenced at 10am, adjourned at 11.30am, reconvened at 11.35am and finished at 2.50pm.