Agenda and minutes

To receive any apologies for absence.

Apologies were received from Councillors: R J Chesterton, J Wright, D J Knowles, R L Stanley, B A Moore and S J Penny.

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

A Question was received from Nick Quinn (a local resident):

My question is on agenda item 9 (reports) – specifically the cabinet meeting of 22 September and 4 October. At the September Cabinet meeting, a vote was taken to reject the call-in recommendation of the scrutiny committee. The resolution now shown in the minutes as “proposed by the Leader” is not what was voted on. 111 Words had been added to the 9 words that were actually put to the vote. The recording of that meeting provides proof of this. At the October Cabinet meeting, I asked for the minutes to be corrected. But, Cabinet agreed the minutes without correction and they were signed as beinga true record.

At the end of the meeting, the Monitoring Officer spoke to advise that the rule for accuracy in the Council minutes did not apply to Cabinet. Adding words, after a vote has been taken should not happen. Honesty and integrity are basic principles in your code of conduct. When Cabinet Members passed these minutes as a true record of that meeting, it could be viewed as a breach of this code. This and the public admission that a rule on accuracy does not apply across the board, will affect public trust in this council.

So I ask: Chairman, will this Council please take action to ban the alteration of words after any vote has been taken?

The Chairman thanked them for their question and mentioned that this would be dealt with.

To record any interests on agenda matters.

Members were reminded of the need to declare any interests when appropriate.

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

The minutes of the Full Council meeting held on 31 August 2022 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:

·       That for Armistice Day, the Chairman would officiate in Tiverton, the Leader would officiate in Crediton and the Vice Chairman would lay a wreath in Cullompton.

·       An Honorary Alderman ceremony had been planned for Monday 5December at 6pm.

·       The Chairman had attended the West Devon Borough Council Civic Service on Sunday 16^th October and represented the Council.

To receive any petitions from members of the public.

There were no petitions presented.

At the meeting of Council in August 2022, an interim Monitoring Officer was agreed in order to ensure the Council had a duly appointed Monitoring Officer in place. Following a recruitment process, it is now recommended that Council appoints Maria De Leiburne as its Monitoring Officer on a permanent basis.

At the meeting of Council in August 2022, an interim Monitoring Officer was agreed in order to ensure the Council had a duly appointed Monitoring Officer in place. Following a recruitment process, it was recommended that Council appointed Maria De Leiburne as its Monitoring Officer on a permanent basis.

Members had discussed the following:

·       That there was a need for a discussion to take place prior to a decision being made. The Chief Executive explained that the council were asked to designate the function of Monitoring Officer to a particular officer as a legal requirement.

·       Clarification was sought over the recruitment process, to which the Chief Executive explained that following a job advertisement, an interview and appointment process was conducted.

·       Concern was raised over whether the council were asked to rubberstamp or consider this decision. The Chief Executive explained that Members were asked to consider the designation of the Council’s Monitoring Officer.

The Chairman MOVED that: Maria de Leiburne be appointed as the Monitoring Officer on a permanent basis. Upon a vote being taken, the motion was declared to have been CARRIED.

Note:

• Cllr A Wilce requested that his vote against the decision be recorded

1.     Motion 580 (Councillor B Warren – 9 October 2022)

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

To ensure that motions are recorded in the minutes of meetings in the exact form they are voted upon across all Committees of the Council, the relevant procedure rules shall be revised to extend this specific requirement to Cabinet, Committees and Sub-Committees. This would ensure that the permanent recordings of all meetings comprehensively record the items being voted upon and would strengthen the integrity of the public record, thus being in accordance with the Nolan Principles of Public Life. Therefore:

This Council RESOLVES that the Constitution Part 4 Section 1 Rule 26 (Application to Committees and Sub-Committees) of the Council Rules of Procedure is amended forthwith so as to apply rules 20.1 and 20.2 to meetings of the Cabinet, Committees and Sub-Committees.

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

2.     Motion 582 (Councillor A Wilce – 10 October 2022)

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

The High Court has found that meetings held under the Local Government Act 1972:

“involves participants gathering to meet face-to-face at a designated physical location and “attending” a meeting involves physically going to that location, a requirement that this meeting is to be “open to the public” or “held in public” means that members of public must be admitted in person to the place where the meeting is being held…”

“As we have said, requirements that meetings be "open to the public" or "held in public" are imposed by several different statutory provisions, but they all deal with the same subject matter and may therefore be described as in pari materia. They are therefore "to be taken together as forming one system, and as interpreting and enforcing each other"…”

“But such broadcasting or live-streaming does not, on its own, satisfy the requirement for the meeting to be "open to the public" or "held in public" …”

[2021] EWHC 1145 (Admin)

This approach was supported by the Lawyers in Local Government, Local Government Association and Association of Democratic Services Officers

In addition, the Secretary of State for HC&LG stated that he considers that:

 “the legislative scheme should be interpreted consistently”, and that:

“references to a meeting being "open to the public" or "held in public" should equally be interpreted as referring to physical attendance by the public."

This Council RESOLVES that the Standards Committee is tasked to

1 Review the Remote Meetings Protocol, and also consider whether or not it should form part of the Constitution; and

2 Consider whether any formal proceedings of the Council should be held

online:

• that are required to be ‘open to the public’ or ‘held in public’; or,

• where members are required to ‘attend’ or be ‘present’; or,

• where any notice that is required to  ...  view the full agenda text for item 68.

(1) MOTION 580 – (COUNCILLOR B WARREN – 9 OCTOBER 2022)

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

To ensure that motions are recorded in the minutes of meetings in the exact form they are voted upon across all Committees of the Council, the relevant procedure rules shall be revised to extend this specific requirement to Cabinet, Committees and Sub-Committees. This would ensure that the permanent recordings of all meetings comprehensively record the items being voted upon and would strengthen the integrity of the public record, thus being in accordance with the Nolan Principles of Public Life.

Therefore: This Council RESOLVES that the Constitution Part 4 Section 1 Rule 26 (Application to Committees and Sub-Committees) of the Council Rules of Procedure is amended forthwith so as to apply rules 20.1 and 20.2 to meetings of the Cabinet, Committees and Sub-Committees

It was added that the motion included that proposals be recorded as well as motions.

The MOTION was MOVED by Councillor B Warren and seconded by Councillor A Wilce.

In accordance with Procedure Rule 14.4, the Chairman of the Council had ruled that the matter be discussed at this meeting. Discussion took place regarding:

• The importance of accuracy was expressed.

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

(2) MOTION 582 – (COUNCILLOR A WILCE – 10 OCTOBER 2022)

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

The High Court has found that meetings held under the Local Government Act 1972:

“involves participants gathering to meet face-to-face at a designated physical location and “attending” a meeting involves physically going to that location, a requirement that this meeting is to be “open to the public” or “held in public” means that members of public must be admitted in person to the place where the meeting is being held…”

“As we have said, requirements that meetings be "open to the public" or "held in public" are imposed by several different statutory provisions, but they all deal with the same subject matter and may therefore be described as in pari materia. They are therefore "to be taken together as forming one system, and as interpreting and enforcing each other"…”

“But such broadcasting or live-streaming does not, on its own, satisfy the requirement for the meeting to be "open to the public" or "held in public" …”

[2021] EWHC 1145 (Admin) This approach was supported by the Lawyers in Local Government, Local Government Association and Association of Democratic Services Officers. In addition, the Secretary of State for HC&LG stated that he considers that:

“The legislative scheme should be interpreted consistently”, and that:

“references to a meeting being "open to the public" or "held in public" should equally be interpreted as referring to physical attendance by the public."

This Council RESOLVES that the Standards Committee is tasked to

1.             Review the Remote Meetings Protocol, and also consider whether or not it should form part of the Constitution; and  ...  view the full minutes text for item 68.

The Leader presented the report of the meeting of the Cabinet held on 6 September 2022.

1. Mid Devon as a Trauma Informed Council (Minute 50)

The Leader MOVED, seconded by Councillor C Slade:

THAT the recommendations of the Cabinet as set out in Minute 50 be ADOPTED

Following discussion and upon a vote being taken the MOTION was declared to have been CARRIED.

Reason for the Decision – There would be a risk that if this approach was not approved that MDDC services would not suitably and satisfactorily accommodate the needs of our service users. In addition, adoption of a TI approach supported the Council’s desire to be progressive and committed to providing a high quality and sustainable service. This modification to a TI service delivery linked closely with the promise for local engagement and participation, supported good health (because of improved understanding of barriers), promoted equality of service, and supported the values that are important to the Council.

The Leader presented the report of the meeting of the Special Cabinet held on 22 September 2022.

On minute 61, Councillor A Wilce asked who spoke the additional wording and if not, how they became to be contained in the minutes. To which the Leader would respond to in writing.

The Leader presented the report of the meeting of the Cabinet held on 4 October 2022.

Consideration was given to:

• The report had been added as a supplement to the Council summons as it had not been available on the day the summons was published and that this was permitted under Local Government Act (access to information) 1985 s100b part 3.
• The minutes of the Cabinet held on 4^th October 2022 were yet to be agreed as a true record and would be considered by Cabinet at its next meeting

1.    Crediton Neighbourhood Plan (Minute 73)

The Leader MOVED, seconded by Councillor J Downes:

THAT the recommendations of the Cabinet as set out in Minute 73 be ADOPTED

Following discussion and upon a vote being taken the MOTION was declared to have been CARRIED.

Reason for the Decision – To make (adopt) the Crediton Neighbourhood Plan in order to meet the requirements of the relevant Acts and Regulations.

The Chairman of the Scrutiny Committee presented the report of the meeting of the Committee held on 21 September 2022.

The Chairman of the Scrutiny Committee presented the report of the meeting of the Committee held on 17 October 2022.

Consideration was given to:

• The report had been added as a supplement to the Council summons as it had not been available on the day the summons was published and that this was permitted under Local Government Act (access to information) 1985 s100b part 3.

The Chairman of Scrutiny took a moment to thank the Policy and Research officer for her invaluable work.

The Chairman of the Audit Committee presented the report of the meeting of the Committee held on 27 September 2022.

The Chairman of the Environment Policy Development Group presented the report of the meeting of the Committee held on 11 October 2022.

The Chairman of the Homes Policy Development Group presented the report of the meeting of the Committee held on 28 September 2022.

The Chairman of the Community Policy Development Group presented the report of the meeting of the Committee held on 27 September 2022.

The Chairman of the Economy Policy Development Group presented the report of the meeting of the Committee held on 29 September 2022.

The Chairman of the Planning Committee presented the report of the meeting of the Committee held on 7 September 2022.

The Chairman of the Planning Committee presented the report of the meeting of the Committee held on 5 October 2022.

The Chairman of the Standards Committee presented the report of the meeting of the Committee held on 19 October 2022.

Consideration was given to:

• The report had been added as a supplement to the Council summons as it had not been available on the day the summons was published and that this was permitted under Local Government Act (access to information) 1985 s100b part 3.

Allocation to follow.

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

Arising thereon:-

Appointment of Committees, Policy Development Groups, certain Working Groups and other Council Bodies

The following recommendation had been put before the council

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 and Policy Development Groups, 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, Policy Development Groups, 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

Councillor B Warren MOVED an AMENDMENT, seconded by Councillor Mrs N Woollatt:

That subject to amending the allocation of seats for Non-Aligned Group on Standards Committee from 1 to 2 and amending the allocation of seats on Economy PDG from 2 to 1. This would result in the surplus seat from Economy PDG to be left for ungrouped members to be appointed to instead of Standards.

Upon a vote being taken the AMENDMENT was declared to have been CARRIED and the following APPROVED:

a)    that the Council approve the allocation of seats on Committees and other Council Bodies as shown on the schedule; subject to amending the allocation of seats for Non-Aligned Group on Standards Committee from 1 to 2 and amending the allocation of seats on Economy PDG from 2 to 1 This will result in the surplus seat from Economy PDG to be left for ungrouped members to be appointed to instead of Standards.

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  ...  view the full minutes text for item 82.

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

There were no questions submitted under Procedure Rule 13.2.

To note any decisions taken under Rule 16 (of the Constitution) Special Urgency – no decisions of this kind have been made since the last meeting.

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.

.

Councillor B Holdman asked the Cabinet Member for the Working Environment and Support Services If the opening hours for Phoenix House could be reviewed, to which the Cabinet Member noted this and asked if specific requests could be sent to him.

Councillor G Barnell asked the Leader if the 3 Rivers Developments Ltd item would be on the upcoming Cabinet agenda on 1 November 2022. The Leader explained that that this report had been delayed and was due to go to Cabinet on 29 November 2022.

It was then asked if this report would be presented to Scrutiny and Audit Committee, to which the Leader explained that this would be the case.

Councillor Wilce asked the Leader if he accepted that words not spoken should not be minuted as part of the minutes of the Cabinet meeting that had taken place on 22 September 2022. In addition, it was asked if he would refer himself to the Standards Committee for breaching the Nolan Principles or would he resign. To which the Leader explained he would not resign, nor refer himself to the Standards Committee and that those minutes would be looked into.

Councillor Wilce suggested that there was a history of denying the truth with this administration and that this was not the first time incorrect minutes had been agreed and becoming less transparent. He also challenged that officers not had followed the constitution and that copies of agendas had not been available. He claimed that the £2m loaned to 3 Rivers Development Ltd went against the constitution as well as documents added to agendas with less than 5 clear days notice. It was asked if this administration was corrupt or badly managed, led and advised. 

The Leader recommended that he attended a meeting a meeting on 14 November where his concerns could be discussed.

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

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

 Councillor Dolley thanked officers for their work on the new refuse schedule.

Councillor Deed raised that work was being done by Network Rail at both the Cullompton and Wellington station, with both stations to be opened in 2025.  He had informed that it was unlikely that planning permission was required for the Cullompton Station.

Councillor Deed also raised that the rise in inflation had put pressure on Councils, which had meant that Councils had been charged to prioritise public expenditure. It was unclear how public services would be financed over the longer term. Multiple financial pressures had resulted in pressures on service provision, in addition, costs had risen dramatically. So much so that £1m of unforeseen costs had been added to this financial year (2022/23) which had meant that financial planning was underway for the forthcoming years.

The Leader encouraged Members to partake in PDG meetings so that the Council could collaboratively find solutions. In addition, the LGA had offered a facilitated training session on 14 November and asked Members if they could attend.

Finally, the Leader mentioned that for the last 3 years he had been the local authority Governor for the South West Ambulance Service NHS Foundation Trust, which ended recently. They were looking for a new Governor to represent them for the next 3 years.

Councillor Eginton welcomed back Councillor Colthorpe who had attended a meeting last week.

Councillor Warren raised that the change over to the waste collection schedule was working and praised the waste operatives.

Cllr Wilce raised that the minutes of the Regulatory Sub Committee A were not discussed, however, the Monitoring Officer explained that this had been added in error and that sub-committee minutes were not brought to Full Council. 

Councillor Slade thanked staff and reminded Members there were FAQs on the Council’s website and that residents should be referred to these. It was also raised if Members should stand or sit when Members addressed the Chairman, although this had stopped during the pandemic it was felt that this should be reintroduced.

Councillor Dolley agreed and asked the chairman to remind everyone at the next meeting.

Councillor Burke raised that Tiverton Town Council had entered the In Bloom competition, which resulted in the community orchard being awarded a level 5 and maintained its gold standard for the fifth time.