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Decision Maker: Council
Made at meeting: 08/01/2020 - Council
Decision published: 13/01/2020
Effective from: 08/01/2020
Decision:
There was a need to seek a nomination for the appointment of an Armed Forces Champion for Mid Devon to represent the Council on the Devon Armed Forces Community Well-Being Partnership and other forums.
Councillor R B Evans MOVED, seconded by Councillor R J Chesterton that Councillor C R Slade be nominated.
Councillor Mrs N Woollatt MOVED, seconded by the Leader that Councillor D J Knowles be nominated.
Upon a vote being taken it was RESOLVED that Councillor D J Knowles be appointed as the Armed Forces Champion.
To consider the Schedule of Meetings for
2020/21
Decision Maker: Council
Made at meeting: 08/01/2020 - Council
Decision published: 13/01/2020
Effective from: 08/01/2020
Decision:
The Leader presented the report of the meeting of the Cabinet held on 19 December 2019
1. Governance Review (Minute 99)
The Leader MOVED seconded by Councillor G Barnell:
THAT the recommendations of the Cabinet as set out in Minute 99 be ADOPTED.
Consideration was given to:
· The number of members on the working group
· The timescales for the review
· The amount of work and the time it would take to amend governance arrangements which would also require the constitution to be re-written and that there was a need to get on with the business of the council
· The pressing need to address other important issues such as climate change
· The cabinet system versus the committee system and which was the more democratic form of governance
· Agreeing to a review would diminish the possibility of a referendum via a petition
· The potential for alternative and modern governance
· Whether the policy development groups provided inclusive decision-making and the different ways in which members could be heard
· How the democratic process evolved and the positive benefits a review could bring
· The informal nature of a working group meeting in private and the involvement of local stakeholders
Councillor F W Letch 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: Mrs E M Andrews, G Barnell, W Burke, J Cairney, S J Clist, L J Cruwys, R M Deed, J M Downes, Mrs S Griggs, Mrs I Hill, B Holdman, D J Knowles, F W Letch, E G Luxton, L D Taylor, Ms E Wainwright, B G J Warren, A White, A Wilce, Mrs N Woollatt and J Wright
Those voting AGAINST the MOTION: Councillors E J Berry, R J Chesterton, Mrs C A Collis, Mrs F J Colthorpe, D R Coren, N V Davey, Mrs C P Daw, R B Evans, T G Hughes, B A Moore, S J Penny, D F Pugsley, R F Radford, C R Slade, Mrs M E Squires and R L Stanley.
The MOTION was declared to have been CARRIED.
Note: Councillors A Wilce and Mrs N Woollatt declared personal interests as supporters of The Campaign for Democracy.
2. Schedule of Meetings (Minute 107)
The Leader MOVED seconded by Councillor B A Moore:
THAT the recommendations of the Cabinet as set out in Minute 107 be ADOPTED.
Upon a vote being taking, the MOTION was declared to have been CARRIED.
Lead officer: Stephen Walford
Decision Maker: Council
Made at meeting: 08/01/2020 - Council
Decision published: 13/01/2020
Effective from: 08/01/2020
Decision:
The Council had before it a *report of the Group Manager for Legal Services and Monitoring Officer recommending the appointment of an additional Independent Person.
The Leader MOVED, seconded by Councillor B A Moore that:
a) Mr Rob Jeanes be appointed as the Council’s second Independent Person for a term of 4 years to 1 January 2024; and
b) Delegated authority be given to the Monitoring Officer to re-appoint Mr John Smith as an Independent Person from 14th December 2020, should he be willing to continue in the role at that time, such appointment (if made) to be for a term of 4 years to 14 December 2024.
Upon a vote being taken, the MOTION was declared to have been CARRIED.
Note: *Report previously circulated.
Decision Maker: Scrutiny Committee
Made at meeting: 06/01/2020 - Scrutiny Committee
Decision published: 08/01/2020
Effective from: 06/01/2020
Decision:
The Chairman informed the Committee that a decision made by the Cabinet at its meeting on 19 December 2019 (with regard to the Tiverton Town Centre Regeneration Project – Tender Outcome) had been called in for consideration by the Scrutiny Committee by Councillors R B Evans, R J Chesterton and B A Moore for the following reasons:
1. The decision that was not unanimously supported by Cabinet fails to understand its significant negative impact when considering the stated council wide ambitions within the current and proposed strategy for regeneration of town centres made within the corporate plan and is contrary to the stated strategic aims of Mid Devon Council as a whole.
2. The decision has been set against a wish to seek views from a number of sections of society, however is clearly driven by the wishes of a small number of Tiverton Town Council planning committee members in particular as stated by individual members of Cabinet on several occasions.
3. Cabinet have failed to acknowledge documented evidence of previous wide ranging consultations that satisfied all consultation requirements.
4. Cabinet have failed to offer a plan that can realistically off set the evident clash of priorities when full-council are asked to consider the future corporate plan at its meeting on 26th February 2020 with no measurable time line set for future decisions against this vital project, yet its delay is contrary to stated aims within the economic strategy of the MDDC plan.
5. Cabinet have failed to recognise the reputational damage that can affect the council given their failure to show a clear economic commitment towards the town, this may possibly also manifest itself in reduced investment from other investors who may see MDDC’s Cabinets continued dither and delay as systematic across a range of future investment opportunities.
6. Cabinet have failed to offer a viable alternative except a delay in any works towards the town’s regeneration ambitions.
7. Cabinet have failed to consider the financial loss that is already known and continues to grow as each days delay adds to the cost of non-action set against a known budgetary challenge over the coming months and years. These losses should be clearly and openly publicised too aid a decision that is enshrined in openness and transparency to aid informed debate.
The Chairman invited Cllr R Evans who had led the ‘call in’ to address the Committee. Cllr R Evans explained that he felt that the decision made by the Cabinet on 19th December to postpone the contract award for the Tiverton Town Centre Regeneration project should be reconsidered.
He explained that that project had been fully considered by the previous administration and that it was aligned to the Corporate Plan. He informed the Committee of the previous public consultation, the planning application in which Tiverton Town Council had commented and the full member review which had taken place. He explained that the market entrance project was part of the wider Tiverton Town Centre Masterplan. He explained that the Scrutiny Committee did not have the power to overturn the decision of the Cabinet but that it could ask it to reconsider its decision to postpone the project.
Other Members who had supported the Call In raised concerns that the Cabinet had consulted with only 14 Members of Tiverton Town Council and that the Council could lose £88k by cancelling the project and starting again.
The Monitoring Officer informed the Committee that the decision made by the Cabinet had not breached Article 15 (Principles of Decision-Making) of the Constitution.
The Cabinet Member for Planning and Economic Regeneration explained to the Committee that the key issues for Cabinet in making the decision to postpone the project were fitness of purpose and involvement of the community. He explained that the project would involve the Council borrowing a large sum of money and that the Cabinet wanted to be sure that this was the best scheme to go forward. He explained that the Cabinet would like Tiverton Town Council to become a full partner in any future consultation on the regeneration of Tiverton Town Centre.
Members gave consideration to the following:
· The public consultation which had taken place
· The involvement of Tiverton Town Council
· The reputation of the Council
· The Councils corporate aims
The Committee RECOMMENDED to the Cabinet that:
The decision to defer the Tiverton Town Centre Regeneration Project – Tender Outcome be reconsidered.
(Proposed by Cllr R Evans and seconded by Cllr B A Moore)
Note:
1. Cllr R L Stanley declared a personal interest as the previous Cabinet Member for Housing.
2. Cabinet report previously circulated and attached to the minutes