Agenda item

Notices of Motions (00-18-32)

(1) Motion 565 – (Councillors: G Barnell and LD Taylor – 17 December 2020)

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

This Council understands that an updated Business Case from 3RDL will be submitted to Cabinet in February or March. The recent financial information provided to members on the financial performance of the Company and, in particular, on the substantial losses arising from the development of the St George’s Court site in Tiverton, do not give confidence that the Company has a future as a viable entity or that further investment of taxpayers money is warranted.

This Council agrees that members must have independent and expert advice on all the options open to the Council about the future of 3RDL and that this advice be made available to all members of the Council at the same time as the new business case is presented .

In order to inform the wider-decision making of the Council beyond the shareholder function performed by Cabinet, this Council, therefore, resolves to:-

Commission an independent appraisal of the Company’s new business plan by a company or by individuals experienced in the business of speculative property development.
Commission an independent report on the options for the liquidation or winding up of the Company from a suitable professional entity experienced in such matters.
Ensure the presentation of the new 3RDL Business Case is made at the same time as the above reports both to the Council’s Audit Committee and also to the Scrutiny Committee before the matter is subject to Cabinet consideration and decision

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.

(2) Motion 566 – (Councillors: G Barnell and S J Clist – 17 December 2020)

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

This Council agrees to commission, as a matter of urgency, a plan based on evidence of local housing need for the delivery of affordable rented and social rented housing across Mid Devon. This plan should make best use of the Government's Affordable Housing programme 2021/26 and be presented to Council by June 2021.

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 Cabinet.

(3) Motion 567 – (Councillors: J Wright and Miss E Wainwright, R Dolley and Mrs C P Daw – 18 December 2020)

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

This Council:

Welcomes and appreciates the work that has gone in to developing our climate action plan? so far, especially in the context of the Covid pandemic, which stretched capacity and resources.
Welcomes the recruitment of a Climate and Sustainability Officer, to develop our work.
Requests that once in place, the new Climate and Sustainability Specialist focuses on further development to our climate action plan, so that it shows the priority actions for the short, mid and longer term, covering the entire period to 2030 and beyond. Plans should outline the strategic actions we need to take to be on track to meet this target. ?
Requests that officers explore opportunities to develop the Net Zero Advisory Group, so that it has more authority and responsibility for our climate strategy, and so that the public can access it (e.g. via agendas published online, and being able to attend meetings).
Requests that budget be created and ring-fenced for developing our climate work -- through a mixture of funding bids; income generation; prioritisation; partnerships; and 'spend to save' schemes.

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.

Minutes:

(1) Motion 565 – (Councillors: G Barnell and LD Taylor – 17 December 2020)

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

In order to inform the wider-decision making of the Council beyond the shareholder function performed by Cabinet, this Council, therefore, resolves to:-

Commission an independent appraisal of the Company’s new business plan by a company or by individuals experienced in the business of speculative property development.
Commission an independent report on the options for the liquidation or winding up of the Company from a suitable professional entity experienced in such matters.
Ensure the presentation of the new 3RDL Business Case is made at the same time as the above reports both to the Council’s Audit Committee and also to the Scrutiny Committee before the matter is subject to Cabinet consideration and decision

The MOTION was MOVED by Councillor G Barnell and seconded by Councillor L D Taylor.

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

Consideration was given to:

· The updated business plan for 3RDL which was due to be submitted to the Cabinet in February

· The need for due diligence prior to further investment in the company and for further external advice to be received

· The independent reports previously commissioned and the 33 recommendations that had followed and the involvement of the Scrutiny Committee and Audit Committee in those recommendations

· The recruitment of 2 new directors who had only just taken up their posts

· The controls already in place for any investment in projects

· The cost of further independent reports

· The need to allow time to consider the business plan and possible pre-scrutiny of the plan prior to a Cabinet decision

Councillor R B Evans MOVED in accordance with Procedure Rule 19.4

‘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: Councillors: G Barnell, J Cairney, S J Clist, J M Downes, B Holdman, F W Letch, L D Taylor, A White, J Wright and A Wyer.

Those voting AGAINST the MOTION: Councillors: Mrs E M Andrews, E J Berry, W Burke, R J Chesterton, Mrs C A Collis, Mrs F J Colthorpe, D R Coren, N V Davey, Mrs C P Daw, R M Deed, C J Eginton, R B Evans, Mrs S Griggs, T G Hughes, D J Knowles, B A Moore, S J Penny, D F Pugsley, R F Radford, C R Slade, Mrs M E Squires, B G J Warren, A Wilce and Mrs N Woollatt.

Those ABSTAINING: Councillors: L J Cruwys, R J Dolley, Miss J Norton and Miss E Wainwright

The MOTION was declared to have FAILED

Notes:

i) Councillor R L Stanley declared a Disclosable Pecuniary Interest with regard to his involvement with 3 Rivers Developments Limited and left the meeting for the discussion and vote;

ii) Councillor Mrs S Griggs declared a personal interest as an employee of Seddons Estate Agents who had involvement with the company.

(2) Motion 566 – (Councillors: G Barnell and S J Clist – 17 December 2020)

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

The MOTION was MOVED by Councillor G Barnell and seconded by Councillor S J Clist

In accordance with Procedure Rule 14.4, the Chairman of the Council ruled that the MOTION STAND REFERRED to the Cabinet for consideration and report.

(3) Motion 567 – (Councillors: J Wright and Miss E Wainwright, R Dolley and Mrs C P Daw – 18 December 2020)

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

This Council:

Welcomes and appreciates the work that has gone in to developing our climate action plan? so far, especially in the context of the Covid pandemic, which stretched capacity and resources.
Welcomes the recruitment of a Climate and Sustainability Officer, to develop our work.
Requests that once in place, the new Climate and Sustainability Specialist focuses on further development to our climate action plan, so that it shows the priority actions for the short, mid and longer term, covering the entire period to 2030 and beyond. Plans should outline the strategic actions we need to take to be on track to meet this target. ?
Requests that officers explore opportunities to develop the Net Zero Advisory Group, so that it has more authority and responsibility for our climate strategy, and so that the public can access it (e.g. via agendas published online, and being able to attend meetings).
Requests that budget be created and ring-fenced for developing our climate work - through a mixture of funding bids; income generation; prioritisation; partnerships; and 'spend to save' schemes.

The MOTION was MOVED by Councillor J Wright and seconded by Councillor Miss E Wainwright.

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

Following a discussion with regard to:

· The impact of climate change and the need to address matters

· The role of the specialist officer to support the work with regard to climate change

· Working with Devon County Council with regard to the Devon Carbon Plan

· The involvement and support required from the Environment Policy Development Group

· Funding streams available

· Work already in hand with regard to climate change issues

· How the Cabinet Member for Climate Change could progress funding through the budget setting process

The acknowledgement of the work undertaken by the Corporate Manager for Property, Leisure and Climate Change

Councillor A Wilce MOVED, seconded by Councillor B A Moore that in accordance with Procedure Rule 15.1(e) that the Motion be referred to the Environment Policy Development Group for consideration and report.

Upon a vote being taken, the referral of the Motion to the Policy Development Groupwas AGREED.