Agenda and draft minutes

To elect the Chairman of the Council for the year 2023/24.

Cllr L Taylor nominated Cllr F Letch for election as Chairman of the District Council for the year 2023/2024. This nomination was seconded by Cllr S Clist. Upon a vote being taken it was then:

RESOLVED that Cllr F Letch be elected Chairman of the Mid Devon District Council for the Municipal Year 2023/2024.

In accordance with Section 83 of the Local Government Act 1972, Cllr F Letch then made a Declaration of Acceptance of Office.

The Chairman addressed the Council and thanked the Members for electing him as Chairman.

The Chairman thanked the retiring Chairman, Mr Ray Radford and retiring Vice Chairman Mr Ron Dolley for the way in which they had carried out the duties.

To receive any apologies for absence.

Apologies were received from Cllrs J Frost and M Jenkins.

Cllr N Bradshaw attended the meeting online.

To record any interests on agenda matters.

None were made, Councillors were reminded to do so where necessary.

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

Paul Elstone asked questions in relation to the appointment of a Councillor to Three Rivers Developments Ltd. It was asked whether the Council would reconsider this Delegation and perhaps agree on nominating an appropriate Member for this post directly. In addition, it was asked if Council would advise Cabinet to appoint someone with a proven financial background as well as the appointment of a second representative with project management experience.

The Chairman, responded by noting that when the Cabinet is formed these questions raised would be carefully considered.

Nick Quinn submitted questions in relation to item 5. These were read out by the Chairman, it was asked if the Council would not agree the minutes of the previous meeting and that they be revised to include the detail of the public questions and the answers given at the meeting, and then returned to the next meeting of the Council for agreement.

In response to the questions asked the District Solicitor & Monitoring Officer explained that the minutes made reference to the public questions and referred to the audio recording where they could be found. Copies of the audio recordings were stored on the Council’s system and not just online.

Goff Welchman asked a question in relation to Three Rivers Developments Ltd. Mr Welchman wanted to know why Three Rivers Developments Ltd has filed late accounts with potential inaccuracies and also asked why this matter was not high on the agenda for this meeting.

The Chairman explained that this Council meeting was the Annual Meeting of Council where the administration makes a number of official appointments, with the need for the topic of Three Rivers Developments Ltd to be discussed with the Cabinet.

Tim Bridger asked which of the Committees would be tasked with investigating Three Rivers Developments Ltd and how had the competence of those appointed been discussed.  In addition, it was asked, when the investigation could be questioned in case Committee Members do not have relevant skills to fulfil that role.

The Chairman explained that this should be discussed with the new Leader and Cabinet but highlighted that the findings of an investigation would likely be presented to the Audit Committee or Scrutiny Committee.

Honorary Alderman D Nation asked would the election of the Leader of the Council result in the implementation of the Council moving to a modernised committee structure by May 2024.

The Chairman explained that this issue would be addressed by the new Leader of the Council and Cabinet.

Members to consider whether to approve the minutes as a correct record of the meeting held on 26 April 2023.

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.

It was felt that there should be a written record of public questions asked. In addition, that a question asked by a Member – during minute 162 - at that meeting needed to be amended to be more accurate.

Cllr N Woollatt MOVED, seconded by Cllr J Buczkowski that:

“That both those issues need to be corrected and that the minutes are deferred to the next meeting, to be corrected and agreed at the next meeting”

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

To elect the Vice Chairman of the Council for the year 2023/24.

Cllr A Glover MOVED, seconded by Cllr G Czapiewski that Cllr G Duchesne be appointed as Vice Chairman of the Council for the Municipal Year 2023/2024.

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

In accordance with Section 83 of the Local Government Act 1972, Cllr G Duchesne then made a Declaration of Acceptance of Office and thanked the Council for having appointing her as its Vice Chairman.

To elect the Leader of the Council for a period of 4 years.

Cllr J Cairney nominated Cllr L Taylor for election as Leader of the Council for the four years until 2027. This nomination was seconded by Cllr Jane Lock. Upon a vote being taken it was then:-

RESOLVED that Cllr L Taylor be elected Leader of the Council until 2027.

Cllr L Taylor then made declaration of Acceptance of Office and thanked the Council for appointing him as Leader.

In regards to the public questions that related to Three Rivers Developments Ltd, the Leader responded by reassuring the public that meetings with relevant Officers would be organised and understood the concerns raised. In Addition, the Leader raised that he had started discussions with the Local Government Authority in relation to hybrid councils.

To elect the Chairman of the Scrutiny Committee for 2023/24.

Cllr B Holdman nominated Cllr R Gilmour for election as Chairman of Scrutiny. The nomination was seconded by Cllr N Letch.

Upon a vote being taken, it was then:

RESOLVED that Cllr R Gilmour be elected Chairman of Scrutiny for the Municipal Year 2023/2024.

In order to maintain leadership availability at all times it is proposed that the Council agrees to amend the Constitution to allow the Leader to appoint two deputies to their Cabinet, and that the Monitoring Officer is instructed to amend the Constitution accordingly so as to reflect that any reference to ‘Deputy Leader’ is given to mean either of the members appointed to that role where two such members have been appointed.

The chairman MOVED that

“In order to maintain leadership availability at all times it is proposed that the Council agrees to amend the Constitution to allow the Leader to appoint two deputies to their Cabinet, and that the Monitoring Officer is instructed to amend the Constitution accordingly so as to reflect that any reference to ‘Deputy Leader’ is given to mean either of the members appointed to that role where two such members have been appointed.”

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

Cllr N Woollatt MOVED a written amendment, seconded by Cllr L Taylor that:

That if the above changes are agreed that the constitution is further amended to reflect that:

a.     if 2 deputy leaders are appointed that the total composition of the Executive remains at a maximum of 10 members

b.    should any additional Special Responsibility Allowance be applicable to the Deputy Leader role in future, that if 2 members have been appointed to that role such uplift as may be applicable to the role of deputy leader over a cabinet member be split equally between them so as not to add to the overall cost of the allowance scheme in this circumstance.

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

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.

The Council had before it Tables setting out the proposed 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 that,

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.

Cllr N Woollatt MOVED a written amendment, seconded by Cllr G Westcott that:

(a) That the Council approve the allocation of seats on Committees and other Council Bodies as shown on the schedule; Subject to the Green Group gifting their Standards seat to Ungrouped and Ungrouped gifting their Licensing and Regulatory seats to the Green Group.

(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.

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

To consider the list of appointments to outside bodies and seek representatives to the positions available.

The following appointments to outside bodies in accordance with the list as follows were AGREED:

To agree the existing scheme of delegations as set out in Part 3 of the Constitution. (The Scheme of Delegation sets out the levels of decision making within the Council, outlining those to be made by Council, the Cabinet, individual Cabinet Members, those Committees with regulatory functions and officers).

The Chairman MOVED that the Council agree the existing scheme of delegations as set out in Part 3 of the Constitution.

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

To approve the programme of ordinary meetings of the Council for the year 2023/24:

-        19 July 2023

-        6 September 2023

-        1 November 2023

-        20 December 2023

-        21 February 2024

-        24 April 2024

The Chairman MOVED that the following programme of ordinary meetings of the Council for the year 2023/2024 be approved:-

-        19 July 2023

-        6 September 2023

-        1 November 2023

-        20 December 2023

-        21 February 2024

-        24 April 2024

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