Agenda and minutes

To receive any apologies for absence.

Apologies were received from Councillors:  Mrs E M Andrews, Mrs A R Berry, K I Busch, R M Deed, J M Downes, T G Hughes D J Knowles, Miss C E L Slade, J L Smith, N A Way and Mrs N Woollatt.

To approve as a correct record the Minutes of the Annual Meeting of Council held on 10 May 2017

The Council is reminded that only those Members present at the previous meeting should vote and, in doing so, should be influenced only by seeking to ensure that the minutes are an accurate record.

Subject to the addition of Councillor Mrs E M Andrews to the attendance list, the minutes of the annual meeting held on 10 May 2017 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 informed the meeting that he had attended the following events:

·         Tiverton Mayor’s Parade

·         The Crediton Mayor’s reception

·         Bradninch Civic Service

·         The Lord Mayor of Exeter’s Civic Service

·         A reception to celebrate the major refurbishment of St Luke’s Church Posbury

·         He had also had the privilege of raising the Armed Forces flag at Phoenix House

The Vice Chairman would be attend the Devon Youth Games in a week’s time and that he and the Vice Chairman had been invited to judge the floral displays in Cullompton as part of the town’s festival week on Friday.

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

Councillor Warren (Willand Parish Council) referring to Item 6 (1) Motion 537 on the agenda asked were Members aware that the Director of Operations had sent an email to Town and Parish Councils in which he stated “I think the very clear message from the outset is that it is not council policy to remove fencing from play areas”.  This appears to be contrary to advice given to Crediton Town Council, Cullompton residents and the press by other officers at earlier dates.  There may not be a policy currently but in reality it is happening.  With this in mind and the decision of the Chair will Members please be minded to be very clear as to the actual position when discussing the matter at the Environment PDG.

Councillor Grantham (Willand Parish Council) referring to Item 7 (7) on the agenda in relation to the Environment Policy Development Group meeting of 16 May 2017. Asked if Members would note that the policy document listed under this item was questioned particularly in relation to item 5 of the report?  Would it be more appropriate to make a clear cross reference to the Cabinet decision recorded in minutes of their meeting of 15 June (Minute 12) where the recommendations clearly identified that bins placed in fenced children’s play areas should not be used for faeces?

The Head of Operations responded confirming that the email was correct.  A design principles paper would be going to the PDG in July to start discussions on how the policy would be formed.  We have a large number of play areas and we will be asking the PDG to discuss and debate the options.  With regard to dog bins, there would not be any dog bins in play areas, which had been agreed by the Cabinet.

To receive any petitions from members of the public.

There were no petitions from members of the public.

(1) Motion 537 (Councillor Mrs N Woollatt – 25 May 2017)

The Council had before it a MOTION submitted for the first time:

That this council should adopt a policy of ensuring that play areas in the district that contain play equipment aimed at pre-school or primary school age children are enclosed to facilitate the health and safety of its young users.

In accordance with Procedure Rule 14.4, the Chairman of the Council has decided that this Motion (if moved and seconded) will be referred without discussion to the Environment Policy Development Group.

(2) Motion 538 (Councillor Mrs J Roach – 1 June 2017)

The Council had before it a MOTION submitted for the first time:

Mid Devon District Council is concerned that the present level of grass cutting across the district is the subject of much criticism.

The Mid Devon District Council therefore resolves to urgently review;

1. Whether the budget is sufficient and if it isn't to put forward a request to Council for a supplementary budget to meet the cost of providing an effective service.

2. If it is impossible to provide extra funding the Council should consider asset transfers to Parish Councils and/or individuals.  

Taxpayers are now facing the second year of a grass cutting regime which leaves the grass uncut for long periods. 

In accordance with Procedure Rule 14.4, the Chairman of the Council has decided that this Motion (if moved and seconded) will be referred without discussion to the Environment Policy Development Group.

(3) Motion 539 (Councillor Mrs J Roach, R M Deed, L Taylor, R Wright, J M Downes and T W Snow – 20 June 2017)

The Council had before it a MOTION submitted for the first time:

This Council notes with concern that the leader called a State of the District Debate in 2015 but didn't hold it until 2016 thereby denying the people of Mid Devon the opportunity to hold a debate in 2015.

We therefore call on the Mid Devon District Council to review and change the Constitution to prevent any Leader from acting in such a manner in the future.

In accordance with Procedure Rule 14.4, the Chairman of the Council has decided to allow this Motion (if moved and seconded) to be dealt with at this meeting.

(1) Motion 537 (Councillor Mrs N Woollatt – 25 May 2017)

The Council had before it a MOTION submitted for the first time:

That this council should adopt a policy of ensuring that play areas in the district that contain play equipment aimed at pre-school or primary school age children are enclosed to facilitate the health and safety of its young users.

The MOTION was MOVED by Councillor Mrs J Roach and seconded by Councillor R J Chesterton.

In accordance with Procedure Rule 14.4, the Chairman ruled that this MOTION STAND REFERRED to the Environment Policy Development Group.

(2) Motion 538 (Councillor Mrs J Roach – 1 June 2017)

The Council had before it a MOTION submitted for the first time:

Mid Devon District Council is concerned that the present level of grass cutting across the district is the subject of much criticism.

The Mid Devon District Council therefore resolves to urgently review;

1. Whether the budget is sufficient and if it isn't to put forward a request to Council for a supplementary budget to meet the cost of providing an effective service.

2. If it is impossible to provide extra funding the Council should consider asset transfers to Parish Councils and/or individuals.  

Taxpayers are now facing the second year of a grass cutting regime which leaves the grass uncut for long periods. 

The MOTION was MOVED by Councillor Mrs J Roach and seconded by Councillor R Wright.

In accordance with Procedure Rule 14.4, the Chairman ruled that this MOTION STAND REFERRED to the Environment Policy Development Group.

(3) Motion 539 (Councillor Mrs J Roach, R M Deed, L Taylor, R Wright, J M Downes and T W Snow – 20 June 2017)

The Council had before it a MOTION submitted for the first time:

This Council notes with concern that the leader called a State of the District Debate in 2015 but didn't hold it until 2016 thereby denying the people of Mid Devon the opportunity to hold a debate in 2015.

We therefore call on the Mid Devon District Council to review and change the Constitution to prevent any Leader from acting in such a manner in the future.

In accordance with Procedure Rule 14.4, the Chairman of the Council ruled that this Motion be dealt with at this meeting.

Following debate, the Leader MOVED in accordance with Procedure Rule 19.4:

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

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

Those voting FOR the MOTION: Councillors: F W Letch, Mrs J Roach, F J Rosamond, T W Snow, L D Taylor and R Wright.

Those voting AGAINST the MOTION : Councillors: Mrs H Bainbridge, Mrs J B Binks, R J Chesterton, Mrs C A Collis, Mrs F J Colthorpe, D R Coren, Mrs C P Daw, W J Daw, Mrs G Doe, C J Eginton, R Evans, S G Flaws, P H D Hare-Scott, P J Heal, Mrs B M  ...  view the full minutes text for item 15.

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

(1)   Cabinet

-        11 May 2017

-        15 June 2017

2)    Scrutiny Committee

-            22 May 2017

-            19 June 2017 (to follow)

(3)  Audit Committee

-      30 May 2017     

(4)  Environment Policy Development Group

-            16 May 2017

(5)  Homes Policy Development Group

-            23 May  2017

(6)   Economy Policy Development Group

-             18 May 2017

(7)  Community Policy Development Group

-            6 June 2017

(8)  Planning Committee

-            17 May 2017

-            14 June 2017

The Leader presented the report of the meeting of the Cabinet held on 11 May 2017.

The Leader presented the report of the meeting of the Cabinet held on 15 June 2017.

1.            Litter and Dog Bin Policy  (Minute 12)

The Leader MOVED, seconded by Councillor C R Slade:

THAT the recommendation of the Cabinet as set out in Minute 12 be ADOPTED.

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

The Chairman of the Scrutiny Committee presented the report of the meeting of the Committee held on 22 May 2017.

The Chairman of the Scrutiny Committee presented the report of the meeting of the Committee held on 19 June 2017.

The Chairman of the Audit Committee presented the report of the meeting of the Committee held on 30 May 2017.

1.            Report on Internal Audit Provision from 2017/18 (Minute 7)

The Chairman of the Audit Committee MOVED, seconded by Councillor P H D Hare-Scott:

THAT the recommendation of the Audit Committee as set out in Minute 7 be ADOPTED.

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

The Chairman of the Environment Policy Development Group presented the report of the meeting of the Group held on 16 May 2017.

The Chairman of the Homes Policy Development Group presented the report of the meeting of the Group held on 23 May 2017.

The Council had before it a *question submitted by Councillor Mrs J Roach in accordance with Procedure Rule 13.2 together with a response from the Director of Operations.

Councillor Mrs J Roach asked a supplementary question in accordance with Procedure Rule 13.10 requiring an answer to her initial question  and that she did not understand the difference with regard to the grant therefore she asked whether anyone had been waiting more than 12 months?

The Director of Operations responded explaining that Housing and Building Services had confirmed the list attached to the response but that if the resident receiving a grant had chosen a private contractor, no data was available but the grant had been processed.

Notes: 

(i)            Councillor P J Heal declared a personal interest in this matter as his daughter was in receipt of a disabled facility grant;

(ii)           *Question and response previously circulated, copy attached to minutes.

The Chairman of the Economy Policy Development Group presented the report of the meeting of the Group held on 18 May 2017.

The Chairman of the Community Policy Development Group presented the report of the meeting of the Group held on 6 June 2017.

The Chairman of the Planning Committee presented the report of the meeting of the Committee held on 17 May 2017.

The Chairman of the Planning Committee presented the report of the meeting of the Committee held on 14 June 2017.

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

Councillor Mrs Roach raised an issue with regard to a health and safety matter regarding a prickly bush that had been reported to Customer Services over a period of 5 months and no action had been taken until she had raised the issue, she questioned how the authority was making sure that the calls could be screened to see if there really was a health and safety issue?

Councillor F W Letch raised the issue of the closure of surgeries in Crediton and Cullompton, he had been informed that this had been an operational decision but that the Chief Executive had been unavailable to comment.  He felt that the facilities should remain open for the residents who sort the help that the service provided.

To consider a report of the Leader (and Monitoring Officer) regarding decisions taken under Rule 16 (of the Constitution) Special Urgency – January – March 2017

The Council had before it and NOTED a * report of the Leader (and Monitoring Officer) reporting special urgency decisions taken in the preceding quarter.

The Monitoring Officer outlined the contents of the report stating that there was provision in the Constitution for decisions to be taken which were so urgent that there was insufficient time for normal procedures to take place.  She explained that such decisions were rare and that she intended to report to Council on a quarterly basis in line with the requirements set out in the Constitution.

Note: * Report previously circulated, copy attached to minutes.

The Leader has requested that consideration be given to an appropriate subject and format for a State of the District Debate.

The Leader requested that consideration be given to the theme and format of a State of the District Debate so that he could consider requests and make a decision to be reported at the next meeting.  He felt that the subject should be one that would not ordinarily be discussed at the Policy Development Groups.

Members highlighted the following issues:

·         Grass Cutting, Play Areas and Public Toilets, it was felt that these were major issues that residents should have the opportunity to discuss and debate.

·         What services did the electorate want and what could the Council afford.

·         The provision of services to the public.

·         The direction and benefit of devolution.

·         Whether we should look at reviving the Local Democracy Week as it would be refreshing for Members to visit schools and engage with young people.

·         That the event should be a debate and not a lecture.

The Leader requested that any additional ideas be forwarded to him.

Cabinet Members will answer questions from Members on their portfolios.

There were no questions to Cabinet Members.

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

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

There was no Members business.