Agenda and draft minutes

To receive any apologies for absence.

Apologies were received from Councillors: R Gilmour, J Poynton.

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

Mr Roger Davey

Question 1:

Given the widespread criticism of the scrutiny committees report into the 3 Rivers debacle, widely seen as a whitewash, will the council consider instigating a public inquiry or at the very least a full and open public debate into the council and 3 Rivers failures or will it be left to members of the public to press for one ?

Response from the Leader of the Council:

The Council committed to a thorough and transparent review of 3Rivers some months ago. This task was performed by a working group formed and reporting back to the Scrutiny Committee. It came up with a number of key recommendations which were all accepted by the Committee. This report and its findings were all undertaken in public session. As has been confirmed previously it is not our intention to undertake additional investigations at further public expense.

Question 2:

In the cabinet meeting of the 6^th Feb at public question time, Mr Barry Warren asked the holder of the portfolio for housing if a full, independent, structural survey of St. Georges Court had been carried out and a report obtained.

Is it not the case that structural issues with some of the properties will require remedial work in order to obtain building guarantees?

Response from Cabinet Member for Housing & Property Services:

I am not aware of any structural issues at this development. Obviously if Mr Davey has any evidence to refute this statement. Then please forward it to me so I can investigate the matter.

Question 3:

Mr Warren also asked if the portfolio holder had surveyed the properties in St. Georges Court and provided conservative estimates for the necessary extra expenditure on adaptions for this, Liberal Democrat controlled Councils scheme, for elderly person’s social housing, and would these documents be made publicly available. The Council reply was that they would not release them.

WHY what possible reason can there be for not releasing these documents- unless it is to spare the Council further embarrassment?

Response from Cabinet Member for Housing and Property Services:

An estimate for these additional conversion works has been prepared by our Housing Operations Manager. The actual costs, once incurred, will be a matter of public record.

Mr Paul Elstone

Question 1:

Having run the MDDC 2023 election numbers.

The Lib Dem’s received a total of 19,872 votes or 48% of the total ballot.

The other Parties plus Independents received 21,485 votes or 52% of the total ballot.

Yet the Lib Dems hold 100% of Cabinet

They hold 10 of the 12 seats on Scrutiny or 83% including the Chair.

They hold 7 out of the 8 seats on Audit or 88% including the Chair. 

Where is there any sense of Proportional Representation in Mid Devon District Council under this Lib Dem Administration. The Mid Devon Lib Dem’s need to put their own house in order first.

It would be Hypocritical by any measure to vote motion 604 thru and without the full commitment and  ...  view the full minutes text for item 120.

To record any interests on agenda matters.

Cllr M Jenkins declared an interest in Motion 604 emailed his MP regarding forwarding the Motion 604 through Government.

To consider whether to approve the minutes as a correct record of the meeting held on 20^th December 2023

The minutes of the meeting held on 20 December were agreed as a correct record and signed by the Chairman

To receive any announcements which the Chairman of the Council may wish to make.

The Chairman had the following announcements to make:

·         The Vice-Chairman and Cllr S Keable attended the Cullumpton Market at the Bullring.

The Vice- Chairman highlighted the following:

·         She attended the event on Wednesday 14^th February 2024.

·         The cutting of the ribbon to mark the completion of the improvements.

·         Advised members to take the opportunity to visit the beautiful building.

To receive any petitions from members of the public.

There were no petitions presented.

1.    Motion 602 (Cllr Lance Kennedy)

The Council has before it a MOTION submitted for the first time.

Motion on Posthumous awards to emergency service workers

This council supports the National campaign to award emergency services workers killed on duty a posthumous medal to recognise the sacrifice given on our behalf and requests the Chief Executive and Chairman of the council to write to Rt.Hon. Chris Philp MP, Minister of State for Crime, Policing and Fire expressing our support.

2.    Motion 603 ( Cllr Lance Kennedy)

The Council has before it a MOTION submitted for the first time.

Motion on Dangerous toys & packaging

In the interest of animal welfare this council supports the banning of toys and packaging, such as hollow Frisbee type rings and multiple plastic drink can-rings, which can become lodged around the necks of seals, birds and other animals causing unnecessary suffering and death various animals including endangered species.  This Council therefore resolves this to be the policy of the Council.

3.    Motion 604 (Cllr Beckett Fish)

The Council has before it a MOTION submitted for the first time.

Motion on Proportional Representation

First Past the Post (FPTP) originated when land-owning aristocrats dominated parliament and voting was restricted to property-owning men. In Europe, only the UK and authoritarian Belarus still use archaic single-round FPTP for general elections. Internationally, Proportional Representation (PR) is used to elect the parliaments of more than 80 countries. These countries tend to be more equal, freer and greener. PR ensures all votes count, have equal value, and that seats won match votes cast. Under PR, MPs and Parliaments better reflect the age, gender, and protected characteristics of both local communities and of the nation.

MPs better reflecting the communities they represent in turn leads to improved decision-making, wider participation, and increased levels of ownership of decisions taken.  PR would also end minority rule. In 2019, 43.6% of the vote produced a government with 56.2% of the seats and 100% of the power.  Fair, proportional votes also prevent ‘wrong winner’ elections such as occurred in 1951 and February 1974.  PR is the national policy of the Labour Party, Liberal Democrats, Green Party, SNP, Plaid Cymru, Reform UK and Women’s Equality Party along with a host of Trade Unions and pro-democracy organisations.  PR is already used to elect the parliaments and assemblies of Scotland, Wales, and Northern Ireland.  Its use should now be extended to include Westminster.

This Council therefore resolves to write to H.M. Government calling for a change in our outdated electoral laws and to enable Proportional Representation to be used for UK general elections.

1. Motion 602 (Cllr L Kennedy)

The Council has before it a MOTION submitted for the first time.

Motion on Posthumous awards to emergency service workers

This Council supports the National campaign to award emergency services workers killed on duty a posthumous medal to recognise the sacrifice given on our behalf and requests the Chief Executive and Chairman of the Council to write to Rt.Hon. Chris Philp MP, Minister of State for Crime, Policing and Fire expressing our support.

The MOTION was MOVED by Councillor L Kennedy seconded by Councillor L Cruwys.

Upon a vote being taken the MOTION was declared to have been CARRIED.

2. Motion 603 (Cllr L Kennedy)

The Council has before it a MOTION submitted for the first time.

Motion on Dangerous toys & packaging In the interest of animal welfare

This council supports the banning 3 of toys and packaging, such as hollow Frisbee type rings and multiple plastic drink can-rings, which can become lodged around the necks of seals, birds and other animals causing unnecessary suffering and death various animals including endangered species. This Council therefore resolves this to be the policy of the Council.

The MOTION was MOVED by Councillor L Kennedy seconded by Councillor B Holdman.

Cllr N Woollatt an AMENDMENT seconded by Cllr B Holdman that

In addition add to write to the relevant minister. 

Therefore the amended motion would read:

This council supports the banning 3 of toys and packaging, such as hollow Frisbee type rings and multiple plastic drink can-rings, which can become lodged around the necks of seals, birds and other animals causing unnecessary suffering and death various animals including endangered species. This Council therefore resolves this to be the policy of the Council and write to the relevant Ministers.

Upon a vote being taken the AMENDMENT was declared to have been CARRIED.

Upon a vote being taken the MOTION was declared to have been CARRIED

3. Motion 604 (Cllr B Fish)

The Council has before it a MOTION submitted for the first time.

Motion on Proportional Representation

First Past the Post (FPTP) originated when land-owning aristocrats dominated parliament and voting was restricted to property-owning men. In Europe, only the UK and authoritarian Belarus still use archaic single-round FPTP for general elections. Internationally, Proportional Representation (PR) is used to elect the parliaments of more than 80 countries. These countries tend to be more equal, freer and greener. PR ensures all votes count, have equal value, and that seats won match votes cast. Under PR, MPs and Parliaments better reflect the age, gender, and protected characteristics of both local communities and of the nation. MPs better reflecting the communities they represent in turn leads to improved decision-making, wider participation, and increased levels of ownership of decisions taken. PR would also end minority rule. In 2019, 43.6% of the vote produced a government with 56.2% of the seats and 100% of the power. Fair, proportional votes also prevent ‘wrong winner’ elections such as occurred in 1951 and February 1974. PR is the  ...  view the full minutes text for item 125.

The Leader presented the report of the meeting of the Cabinet held on 12 December 2023.

The Leader presented the report of the meeting of the Cabinet held on 9 January 2024.

To receive and consider the reports, minutes and recommendations of the recent meetings as follows:

1.    Cabinet

12^th December 2023

9^th January 2024

6^th February 2024-

(Recommended to Council the Business Rates Tax Base, 2024/25 Capital Strategy and 2024/25- 2028/29 Capital Programme, Treasury Management Strategy Statement, Minimum Revenue Provision Policy Statement and Annual Investment Strategy 2024/25, 2024/25 Budget, Pay Policy, Policy Framework, Homes Safety Policy)

2.    Scrutiny Committee

18^th December 2023

15^th January 2024

3.    Audit Committee

16^th January 2024

(Recommendation to Council the Revision of the Financial Regulation)

4.    Community Policy Development Group

23^rd January 2024

5.    Environment Policy Development Group

23rd January 2024

6.    Homes Policy Development Group

16^th January 2024

7.    Economy Policy Development Group

04^th January 2024

8.    Planning Committee

10^th January 2024

The Leader of the Council presented the report of the meeting of the Cabinet held on 9^th January 2024.

1. Business Rates Tax Base (Minute 106)

The Leader MOVED Seconded by Cllr S Keable:

THAT the recommendations of the Cabinet as set out in Minute 106 be ADOPTED.

Upon a vote being taken the MOTION was declared to have been CARRIED.

Those ABSTAINING from voting: Councillor N Woollatt

2. Capital Strategy and 2024-2028/29 Capital Programme (Minute 107)

The Leader MOVED Seconded by Cllr S Keable:

THAT the recommendations of the Cabinet as set out in Minute 107 be ADOPTED.

The Chairman MOVED in accordance with Procedure Rule 16.7:

“That the vote in respect of this MOTION shall be by Roll Call”

A roll call of Members present at the meeting was then taken.

Those voting FOR the MOTION: A Adcock, M Binks, D Broom, E Buczkowski, J Buczkowski, J Cairney, S Chenore, S J Clist, G Cochran, F J Colthorpe, C Connor, L Cruwys, G Czapiewski, J M Downes, G Duchesne, B Fish, M Fletcher, A Glover, C Harrower, B Holdman, M Jenkins, S Keable, L Kennedy, L Knight, F Letch, N Letch, J Lock, R Roberts, S Robinson, L Taylor, H Tuffin, G Westcott, J Wright, D Wulff  

Those voting AGAINST the MOTION: Councillor: N Woollatt

Upon a vote being taken the MOTION was declared to have been CARRIED.

3. Treasury Management Strategy Statement, Minimum Revenue Provision Policy Statement and Annual Investment Strategy 2024/25 ( Minute 108)

The Leader MOVED Seconded by Cllr S Robinson:

THAT the recommendations of the Cabinet as set out in Minute 108 be ADOPTED.

Upon a vote being taken the MOTION was declared to have been CARRIED.

4. 2024/2025 Budget (Minute 109)

Cllr L Taylor MOVED Seconded by Cllr S Keable:

THAT the recommendations of the Cabinet as set out in Minute 109 be ADOPTED.

The Chairman MOVED in accordance with Procedure Rule 16.7:

“That the vote in respect of this MOTION shall be by Roll Call”

A roll call of Members present at the meeting was then taken.

Those voting FOR the MOTION: A Adcock, M Binks, D Broom, E Buczkowski, J Buczkowski, J Cairney, S Chenore, S J Clist, G Cochran, F J Colthorpe, C Connor, L Cruwys, G Czapiewski, J M Downes, G Duchesne, B Fish, M Fletcher, A Glover, C Harrower, B Holdman, M Jenkins, S Keable, L Kennedy, L Knight, F Letch, N Letch, J Lock, R Roberts, S Robinson, L Taylor, H Tuffin, G Westcott, N Woollatt, J Wright, D Wulff  

Those voting AGAINST the MOTION: None

Those ABSTAINING from voting: None

Upon a vote being taken the MOTION was declared to have been CARRIED.

5. Pay Policy (Minute 112)

Cllr L Taylor MOVED Seconded by Cllr S Clist:

THAT the recommendations of the Cabinet as set out in Minute 112 be ADOPTED.

Consideration was given to:

·         The job roles removed and new job roles created  ...  view the full minutes text for item 128.

The Vice- Chairman of the Scrutiny Committee presented the report of the meeting of the Scrutiny Committee held on18 December 2023 and 15 January 2024.

The Chairman of Audit Committee presented the report of the meeting held on 16 January 2024.

1.    Revision of the Financial Regulations (Minute 59)

The Chairman ofAudit Committee MOVED, seconded by Cllr E Buczkowski

That the recommendation of the Audit Committee as set out in Minute 59 be ADOPTED.

Upon a vote being taken the MOTION was declared to have been CARRIED.

.

The Chairman presented the report of the meeting of the Community Policy Development Group held on 23 January 2024.

The Chairman presented the report of the meeting of the Environment Policy Development Group held on 23 January 2024.

The Chairman presented the report of the meeting of the Homes Policy Development Group held on 16 January 2024.

The Chairman presented the report of the meeting of the Economy Policy Development Group held on 04 January 2024.

The Chairman presented the report of the meeting of the Planning Committee held on 10 January 2024.

To consider a report of the Deputy Chief Executive (S151) on the Council Tax Resolution for 2024/25.

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

·         The report was the culmination of a huge amount of collaborative work over the past year and the final piece of the jigsaw in setting the 2024/25 Budget. Through the various PDGs, Cabinet and Scrutiny meetings, members had collectively identified proposals that enables a balanced budget for 2024/25, largely without any significant impact on service provision. Everyone recognises that this as a remarkable achievement in the circumstances and is acknowledged as such.

·         The Cabinet Member for Finance took the opportunity to thank Members, from across the Council, for their active engagement in discussions through the various meetings; Members worked collaboratively and constructively together for the benefit of Mid Devon District Councils residents, just as it should be and restored fiscal responsibility to this Council.

·         The Cabinet Member for Finance thanked Officers from the finance team and throughout the service areas for the considerable work that had gone into this process particularly Andrew Jarrett and Paul Deal.

·         The various financial reports that were approved by Cabinet earlier this month, including those that have just ratified, form the basis of the 2024/25 budget, which in turn calculates the Council Tax Requirement for Mid Devon District Council. When combined with the Precept Requirements from the other local authorities and Town and Parish Council’s, the aggregated Council Tax to be collected is known. As the Billing Authority and check there in line with the referendum criteria, and to agree to collect it on behalf of all those authorities.

·         The report, within Appendix A, sets out the formal resolution and legally required to approve. It outlines the various Council Tax charges from the relevant local authorities across the eight Council Tax bands, at a Parish level.

·         The report also draws your attention to the statutory report from the S151 Officer that provides their assurance on the Robustness of the budget and that the Council has adequate levels of Reserves.

The Deputy Chief Executive (S151) Officer highlighted the following:

·         Despite the below inflationary levels of government funding for 2024/2025, Mid Devon District Council continue to deliver a wide range of service provision whilst maintaining the Council tax increase below 3% and prudent levels of reserves.

·         In the report the legal requirement has to include commentary on both robustness of estimates and adequacy of the reserves.

·         Directed the Council to section 4 of the report and confirmed he has carefully considered these two items and fully content with the both of the levels being agreed and progresses used to agree them.

Cllr J Buczkowski MOVED, seconded by Councillor Cllr J Cairney:

“To approve the formal Council Tax Resolution as laid out in Appendix 1, subject to the approval by each Precepting Authority of its own Precepts as included within this report.:

The Chairman MOVED in accordance with Procedure Rule 16.7:

“That the vote in respect of this MOTION shall be by Roll Call”

A roll call of Members present  ...  view the full minutes text for item 136.

To receive a report on devolution from the Chief Executive.

The Devon and Torbay Devolution Deal was approved for consultation by Devon County Council and Torbay by their respective cabinets/executives on 2^nd February. The consultation went live on 12^th February. All information can be found either in the reports that went to DCC’s cabinet or at the webpage here: https://www.devontorbaydeal.org.uk/

It is recommended that council approves the response (as published) to the consultation, and that delegated authority is given to the Chief Executive in conjunction with the Leader to add to this if required following district-level briefing by the team at DCC.

The Council had before it a report of the Chief Executive on Devolution.

The Chief Executive outlined the contents of the report with particular reference to the following.

·         The Devon and Torbay Devolution Deal was approved for consultation by Devon County Council and Torbay by their respective cabinets/executives on 2nd February.

·         The consultation went live on 12th February. The Chief Executive had shared the relevant information in advance of the meeting.

·         It was recommended that council approve the proposed responses as highlighted in the report.

·         The proposed responses reflected common themes of interest across the Districts across the Devon area and between the Leaders and Chief Executive of all the district council all reflected and powerful as a response.

·         In terms of governance, members are not constituents and briefing has taken place in the past about this.

·         An opportunity for a brief on Devolution next week has been circulated to members.

Considerations were given to:

·         That members comments would not be taken into account.

·         The words in the proposed responses are weak.

·         To be more assertive in the proposed response.

The Chair MOVED

THAT within the report be approved with an amendment that:

The language within the proposed responses to be more assertive and strengthened.

Upon a vote being taken the MOTION was declared to have been CARRIED. 

The theoretical political balance for committees has been calculated within Modern Gov (Civica), based on the number of Councillors of each political party. Targets are set for each committee and change the committee membership to meet the targets.

The revised allocation is necessary following a resignation and change in party.

It is recommended:

(a)  that the Council approve the allocation of seats on Committees and other Council Bodies as shown on the schedule;

(b)  that Members be appointed to Committees in accordance with the names notified to the Chief Executive by each of the Political Groups represented on the Council, to give effect to the approved allocation of seats in (a) above;

(c)   that Members also be appointed to Working Groups and other Internal Bodies in accordance with the names notified to the Chief Executive by each of the Political Groups represented on the Council, to give effect to the approved allocation of seats in (a)above;

(d)  that the Chief Executive be authorised to make changes to membership of Committees, Working Groups and other Internal Bodies as may be notified to him from time to time by the relevant Political Group to which those seats have been allocated by the Council.

(e)  that the appointments to seats remaining to be filled by ungrouped Members shall be made at this meeting.

The Council had before it a table * setting out the revised allocation of seats on

Committees and other Council bodies.

Arising thereon:

Appointment of Committees and Allocation of Seats on Committees and other

Council Bodies

The Chairman MOVED:

(a)  that the Council approve the allocation of seats on Committees and other Council Bodies as shown on the schedule;

(b)  That Members be appointed to Committees in accordance with the names notified to the Chief Executive by each of the Political Groups represented on the Council, to give effect to the approved allocation of seats in (a) above;

(c) That Members also be appointed to Working Groups and other Internal Bodies in accordance with the names notified to the Chief Executive by each of the Political Groups represented on the Council, to give effect to the approved allocation of seats in (a)above;

(d)  That the Chief Executive be authorised to make changes to membership of Committees, Working Groups and other Internal Bodies as may be notified to him from time to time by the relevant Political Group to which those seats have been allocated by the Council.

(e) That the appointments to seats remaining to be filled by ungrouped Members shall be made at this meeting.

Consideration was given to:

·         Whether or not the table was a politically balanced allocation as required by legislation.

·         The seats are not balanced and legalisation refers to ordinary committees and the advisory groups have been included in the table published.

·         The Committees have not been allocated enough seats.

·         The allocation of seats on the committees are not correct and the numbers that are rounded are not correct.

·         Seven vacancy on the committees, will the newly elected member have to take these seats.

Cllr N Woollatt MOVED an AMENDMENT and seconded by Cllr J Downes

 To defer the seating allocation to after the by-election.

Upon a vote being taken the AMENDMENT were declared to have been CARRIED.

Those voting AGAINST the AMENDMENT Cllr L Kennedy

Those ABSTAINING from voting Cllr L Cruwsy, F J Colthorpe, R Roberts

To deal with any questions raised pursuant to Procedure Rule 13 not already dealt with during the relevant Committee reports.

To deal with any questions raised pursuant to Procedure Rule 13 not already dealt with during the relevant Committee reports.

There were no questions.

To note any decisions taken under Rule 16 (of the Constitution) Special Urgency

With regard to any decisions taken under Rule 16 (of the Constitution) Special

Urgency taken since the last meeting. The Chairman informed the meeting that no such decisions had been taken in that period.

To receive answers from the Cabinet Members to questions on their portfolios from other Members.

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The Chairman informed the meeting that no were no questions.

To receive any statements made and notice of future questions by Members.

Note:  the time allowed for this item is limited to 15 minutes.

Cllr C Harrower highlighted she made representation to committee meetings and officers about the re-opening of the paddling pool in Westexe and an example to all when working together great things can come to fruition and come to the communities we represent.

Cllr S Clist stated that today was the last meeting of the Heart of the South West Joint Scrutiny Committee and will be dissolved the end of March 2024 and has been a great pleasure to be part of that committee.

Councillor B Holdman stated that the Tiverton adventure playground which he represents on behalf of Mid Devon District Council has had their annual general meeting, a new chair has been appointed and Cllr B Holdman has been appointed as vice chairman and if Cllrs would like to find out more information there is a social media page.

Cllr A Glover attend the Broad path landfill in hill head quarry liaison group and been elected as Chair on this group and the Vice Chair

The ready-mix plant on the site has been delayed and start in September, and 900 trees had been planted by the Uffculmbe tree team.

Cllr G Duchesne highlighted Tiverton Horse-Drawn Barges 50th Anniversary Celebration on the 13^th July 2024. There has been lots of work taking place with Tiverton Town Partnership with grant from Mid Devon District Council and Tiverton Horse Drawn Barges.