Agenda and draft minutes

Council - Wednesday, 15th January, 2020 6.00 pm

Venue: Barum Room - Brynsworthy. View directions

Contact: Corporate and Community Services  01271 388253

Link: Audio available here

Items
No. Item

82.

Apologies for absence

Minutes:

Apologies for absence were received from Councillors Campbell, Chesters, Davis, Fowler, Gubb, Ley, Lovering, Patrinos, Saxby, Turton and Wilkinson.

83.

To approve as a correct record the minutes of the meeting held on 20th November 2019 (attached). pdf icon PDF 244 KB

Minutes:

RESOLVED that the minutes of the meeting held on 20th November 2019 (circulated previously) be approved as a correct record and signed by the Chair.

 

84.

Chair's announcements

Minutes:

(a)  Honorary Alderman Albert Cook

 

The Chair advised Council that Honorary Alderman Albert Cook had sadly passed away on 7th January 2020 and his funeral would take place on Friday 24th January 2020 at 12.00 pm at Filleigh.  As a former North Devon Councillor, he had served the FIlleigh ward for over 50 years, starting in local government in 1961.  He was first elected to North Devon District Council in 1974 and served to 2011 and during this time was Chair and Vice-Chair of Council. 

 

Council stood in silence for one minute in memory of Albert Cook.

 

Councillor Worden, as Leader of the Council, addressed Council and remembered working alongside Albert during the 1960’s and 1970’s.  He had real integrity and was a nice gentleman.  He also worked for the former MP Jeremy Thorpe and had served as a JP and Chair of the South Molton Bench for many years.  He was very proud of his great nephew Alastair Cook who had captained the England Cricket team.  He was a champion of agricultural and had been very active.  His passing was a great loss.

 

Councillor Yabsley echoed Councillor Worden’s sentiments and advised that he was a great member of the community and agricultural community and would be much missed.

 

Councillor Prowse, Leader of the Independent Group, recollected his memories of Albert when he was Chair of the Liberal Association.  He had only lost one election, which was a Devon County Council election.  He was a great champion for his community and would be sadly missed.

 

(b)  Political Speed Dating event at West Buckland

 

The Chair thanked those Councillors who had taken part in the Political Speed Dating Event on 13th January 2020 at West Buckland school.  It had been an enjoyable event enjoyed by both students and Councillors.

 

(c)  ChemoHero – Item 11

 

The Chair advised that unfortunately Lisa Wallis was not well and unable to attend to give a presentation regarding ChemoHero under item 11 on the agenda.   Lisa was a young, inspirational mum who had set up the Charity ChemoHero which gave “Kindness in a Box” to people who had been diagnosed with cancer.  He urged Councillors to look at the ChemoHero website to understand the role of the charity as each Councillor would have a member of their ward who had received such a box.  It was anticipated that Lisa would be able to attend the next meeting of Council.

85.

Business brought forward by or with the consent of the Chair

Minutes:

There were no items of business brought forward by or with the consent of the Chair.

86.

Replies to any questions submitted by the Public and/or to receive Petitions under Part 4, Council Procedures Rules, Paragraphs 8 and 9 of the Constitution

Minutes:

There were no questions and/or Petitions submitted by the Public under Part 4, Council Procedure Rules, Paragraphs 8 and 9 of the Constitution.

87.

To consider motions of which notice has been submitted by Members in accordance with Part 4, Council Procedure Rules, Paragraph 11 of the Constitution

(a)

To consider the following notice of motion from Councillor Pearson:

 

“That North Devon Council:

(i) acknowledges the efforts that this Council is making to reduce greenhouse gas emissions and promote renewable energy; 

(ii) recognises that councils can play a central role in creating sustainable communities, particularly through the provision of locally generated renewable electricity; 

(iii) further recognises that very large financial setup and running costs involved in selling locally generated renewable electricity to local customers result in it being impossible for local renewable electricity generators to do so; 

that making these financial costs proportionate to the scale of a renewable electricity supplier’s operation would create significant opportunities for councils to be providers of locally generated renewable electricity directly to local people, businesses and organisations; 

and that revenues received by councils that become local renewable electricity providers could be used to help fund local greenhouse gas emissions reduction measures and to help improve local services and facilities;

(iv) accordingly resolve to support the reintroduction of the Local Electricity Bill, which was supported by a cross-party group of 115 MPs of the previous parliament and which, if made law, would make the setup and running costs of selling renewable electricity to local customers proportionate by establishing a Right to Local Supply;

and 

(v) further resolves to 

  •  inform the local media of this decision. 
  • write to local MPs, asking them to support the Bill,
  • and write to the organisers of the campaign for the Bill, Power for People, (at 8 Delancey Passage, Camden, London NW1 7NN or info@powerforpeole.org.uk) expressing its support.”

 

(b)

To consider the following notice of motion from Councillor Walker:

 

“This Council is aware that fraud often, referred to as scams are on the increase, particularly amongst the more vulnerable groups in our society, particularly those who may not have be overly familiar its the internet. To help combat this growing concern, this Council will include information from the Take Five to stop fraud initiative with each Council Tax bill.”

 

Minutes:

(a)  To consider the following notice of motion from Councillor Pearson

 

Councillor Pearson presented her notice of motion to Council.

 

It was moved by Councillor Pearson and seconded by Councillor Davies that the notice of motion be adopted.

 

RESOLVED that North Devon Council:

 

(i)

acknowledges the efforts that this Council is making to reduce greenhouse gas emissions and promote renewable energy; 

 

(ii)

recognises that councils can play a central role in creating sustainable communities, particularly through the provision of locally generated renewable electricity; 

 

(iii)

further recognises that very large financial setup and running costs involved in selling locally generated renewable electricity to local customers result in it being impossible for local renewable electricity generators to do so; 

that making these financial costs proportionate to the scale of a renewable electricity supplier’s operation would create significant opportunities for councils to be providers of locally generated renewable electricity directly to local people, businesses and organisations; 

and that revenues received by councils that become local renewable electricity providers could be used to help fund local greenhouse gas emissions reduction measures and to help improve local services and facilities;

 

(iv)

accordingly resolve to support the reintroduction of the Local Electricity Bill, which was supported by a cross-party group of 115 MPs of the previous parliament and which, if made law, would make the setup and running costs of selling renewable electricity to local customers proportionate by establishing a Right to Local Supply; and

 

(v)

inform the local media of this decision, write to local MPs, asking them to support the Bill and write to the organisers of the campaign for the Bill, Power for People, (at 8 Delancey Passage, Camden, London NW1 7NN or info@powerforpeole.org.uk) expressing its support.

 

(b)To consider the following notice of motion from Councillor Walker

 

Councillor Walker presented her notice of motion to Council.  She advised Council that the Council would be unable to send out information with each Council Tax bill this year as it was too late, however consideration could be given to undertaking further work and obtaining sponsorship to raise awareness of fraud and scams.

 

It was moved by Councillor Walker and seconded by Councillor D. Spear that the notice of motion be referred to the next meeting of the Policy Development Committee to consider undertaking further work on frauds and scams.

 

RESOLVED that the notice of motion “this Council is aware that fraud often, referred to as scams are on the increase, particularly amongst the more vulnerable groups in our society, particularly those who may not have be overly familiar its the internet. To help combat this growing concern, this Council will include information from the Take Five to stop fraud initiative with each Council Tax bill” be referred to the next meeting of the Policy Development Committee to consider undertaking further work on frauds and scams.

 

88.

Declarations of Interest

(NB. Members only need to re-declare any interests previously declared at Committee and Sub-Committee meetings if the item is discussed at Council).

 

Minutes:

There were no declarations of interest received.

89.

Chair's replies to any questions to Council by Members submitted under Part 4, Council Procedures Rules, Paragraph 10 of the Constitution

Minutes:

There were no questions submitted to Council by Members under Part 4, Council Procedures Rules, Paragraph 10 of the Constitution.

90.

Honorary Alderwoman

Presentation of a certificate by the Chair of the Council to Honorary Alderwoman Faye Webber appointed at the meeting of Council on 25th September 2019.

 

Minutes:

In pursuance to the extraordinary meeting held on 25th September 2019, Councillor Biederman presented Faye Webber with a certificate in recognition of her appointment as an Honorary Alderwoman. 

 

Mrs Webber thanked the Council for her appointment as an Honorary Alderwoman which was a great honour.  She had been the longest serving Councillor for North Devon Council of 46 years and she believed she was the first woman to be appointed as an Honorary Alderwoman.

 

91.

ChemoHero

Presentation by Lisa Wallis, Founder of ChemoHero.

Minutes:

In pursuance to minute 84 (c), this item had been deferred.

92.

Report of the Leader of the Council pdf icon PDF 262 KB

Report by Leader of the Council (attached).

Minutes:

Council noted a report by the Leader of the Council (circulated previously) regarding work that had been undertaken since the last Council meeting.

 

93.

Council Tax Reduction New Income-Banded Scheme pdf icon PDF 377 KB

(NOTE: A copy of the report that was considered by the Strategy and Resources Committee on 2nd December 2019 is attached).

Additional documents:

Minutes:

Council considered the Council Tax Reduction New Income-Banded Scheme report to the Strategy and Resources Committee on 2nd December 2019 (circulated previously).  

93a

Report of the Policy Development Committee pdf icon PDF 296 KB

To receive the report of the Policy Development Committee held on 9th December 2019 (attached).

Minutes:

Council noted the Policy Development Committee’s report on the Council Tax Reduction New Income-Banded Scheme (circulated previously).

93b

Report of meeting of the Strategy and Resources Committee pdf icon PDF 6 KB

To receive the report of the meeting of the Strategy and Resources Committee held on 2nd December 2019 (attached).

Minutes:

Councillor Worden, Chair of the Strategy and Resources Committee reported the recommendations of the Strategy and Resources Committee on the Council Tax Reduction New Income-Banded Scheme (circulated previously).

 

It was moved by Councillor D. Spear and seconded by Councillor Hunt that “minute 72 of the meeting of the Strategy and Resources Committee on 2nd December 2019 be adopted”.

 

In response to a question, the Head of Resources advised that the reduction applied to the total Council Tax bill.

 

RESOLVED that minute 72 of the meeting of the Strategy and Resources Committee on 2nd December 2019 be adopted.

 

94.

Questions by Members

Questions to the Leader or the Chair of a Committee submitted under Part 4, Council Procedure Rules, paragraph 10.4 of the Constitution.

Minutes:

There were no questions submitted to the Leader or the Chair of a Committee under Part 4, Council Procedure Rules, paragraph 10.4 of the Constitution.

95.

Devon County Council/North Devon Council response to the Climate Declaration

Lead Member for Climate Change to report.

Minutes:

Council received an update from the Lead Member for Climate Change regarding actions that had been undertaken since the last meeting of the Council.  The last meeting of the Working Group had taken place on 10th January 2020 and there had not been an opportunity to produce a written report following the outcomes of this meeting.  However, in future a written report would be provided for future Council meetings.  Progress had been made on the Devon Carbon Reduction Plan and data had been collected to provide evidence which had been submitted to the University of Exeter. This data would be used to formulate the Council’s carbon footprint.  Devon County Council had sent an invitation to all Devon residents to “call for evidence” and requested that they submit their ideas about how Devon can reduce carbon emissions can be reduced.  An email would be circulated to all Councillors shortly to provide further information.  A meeting would be held with the Communications Manager to discuss the Council’s communication and leadership role in providing information.  Consideration was being given to organising a Climate Action Week of events, similar to that held at Totnes.  The first steps were to ascertain which organisations would wish to be involved.  The deadline for comments on the draft action plan was today, which would then be forwarded to the Policy Development and Strategy and Resources Committee for approval.

96.

Council Tax Base 2020/21 pdf icon PDF 148 KB

Report by Head of Resources (attached).

Additional documents:

Minutes:

Council considered a report by the Head of Resources (circulated previously) regarding the Council Tax Base 2020/21.

 

In response to a question regarding how the Council’s collection rates compared nationally, the Head of Resources advised that the collection rate had been set at 97.5%, whereby the national collection rate was around 97%. 

 

In response to a question regarding –A banding, the Head of Resources advised that this rate was for disabled band reduction.

 

It was moved by Councillor Roome and seconded by Councillor Lane that “the recommendations in the report be adopted.”

 

RESOLVED:

 

(a)

that the report for the calculation of the Council Tax Base for 2020/21 by the Head of Resources be approved;

 

(b)

that pursuant to the report and in accordance with the Local Authorities (Calculation of Council Tax Base) (England) Regulations 2012, the amount calculated by North Devon District Council as its schedule for 2020/21 shall be as shown on the schedule to the report.

 

97.

Proposed Committee Timetable for 2020/21 pdf icon PDF 95 KB

Report by Senior Corporate and Community Services Officer (attached).

Additional documents:

Minutes:

Council considered a report by the Senior Corporate and Community Services Officer (circulated previously) regarding the proposed committee timetable for 2020/21.

 

In response to a question regarding scheduling meetings of the Climate Action Team, the Chief Executive advised that the timetable included formal Council and Committee meetings of the Council only.  The Action Team could set dates of future meetings.  Committees also had power to change time or dates of meetings if required.

 

Council discussed the difficulty of Councillors attending evening meetings commencing at 6.00 pm due to the current works being undertaken on the North Devon Link Road and of Councillors working not being able to attend daytime meetings.

 

In response to a question regarding cost implications of holding evening meetings, the Head of Resources advised that officers attending to support evening meetings would accrue additional flexi-time or Time Off in Lieu for meetings after 8.00 pm.

 

It was moved by Councillor Bushell and seconded by Councillor Luggar “that the timetable of Council and Committee meetings for 2020/2021 as detailed in Appendix A be adopted subject to for a trial period of 12 months the time of Council and Governance Committee meetings being changed to 6.30 p.m. and times of Policy Development Committee meetings being scheduled to alternate between 10.00 am and 6.30 p.m.”

 

RESOLVED that the timetable of Council and Committee meetings for 2020/2021 as detailed in Appendix A be adopted subject to for a trial period of 12 months:

 

(a)

the time of Council and Governance Committee meetings being changed to 6.30 p.m.; and

 

(b)

times of Policy Development Committee meetings being scheduled to alternate between 10.00 am and 6.30 p.m..

 

98.

Bridge Trust pdf icon PDF 184 KB

To consider the appointment of two Trustees to serve on the Bridge Trustee Board.  (NOTE: A copy of the constitution is attached).

Minutes:

Councillor Lofthouse declared a personal interest as a trustee in his own right.

 

It was moved by Councillor Worden and seconded by Councillor Tucker “that Councillors Biederman and Prowse be appointed as Trustees to serve on the Bridge Trustee Board for a term of four years.”

 

RESOLVED that Councillors Biederman and Prowse be appointed as Trustees to serve on the Bridge Trustee Board for a term of four years.

 

99.

Policy Development and Governance Committees - appointments for 2019/20

It is RECOMMENDED that Councillor Henderson be appointed to the Policy Development Committee in place of Councillor Luggar and that Councillor Luggar be appointed to the Governance Committee in place of Councillor Henderson for the 2019/20 municipal year.

Minutes:

Councillor Yabsley advised that following the change in the time of Policy Development Committee meetings, Councillor Luggar had requested to remain on the Committee.  Therefore, no change to the membership of the Policy Development Committee was required.

 

It was moved by Councillor Yabsley and seconded by Councillor D. Spear “that Councillor Luggar be appointed to the Governance Committee in place of Councillor Saxby for the 2019/20 municipal year.”

 

RESOLVED that Councillor Luggar be appointed to the Governance Committee in place of Councillor Saxby for the 2019/20 municipal year.

 

100.

Minutes of Committees

Council is recommended to note the schedule of Committee minutes and approve recommendations as listed below:

 

100a

Building Control Joint Committee pdf icon PDF 215 KB

(i)         31st October 2019

Minutes:

RESOLVED that the following minutes of the Building Control Joint Committee (circulated previously) be noted and adopted as follows:

 

(i) 31st October 2019

100b

Governance Committee pdf icon PDF 250 KB

(i)         5th November 2019

Minutes:

RESOLVED that the following minutes of the Governance Committee (circulated previously) be noted and adopted as follows:

 

(i) 5th November 2019

100c

Harbour Board pdf icon PDF 89 KB

(i)

12th November 2019

 

 

(A)  Minute 29: Ilfracombe Harbour – Charges Review 2020-2021

 

(B) Minute 30: Designated Person Role

 

Additional documents:

Minutes:

RESOLVED that the following minutes of the Harbour Board (circulated previously) be noted and adopted as follows:

 

(i)            12th November 2019

(A) Minute 29: Ilfracombe Harbour – Charges Review 2020-2021

(B) Minute 30: Designated Person Role

100d

Planning Committee pdf icon PDF 195 KB

(i)         13th November 2019

 

(ii)        3rd December 2019

 

(iii)       11th December 2019

Additional documents:

Minutes:

RESOLVED that the following minutes of the Planning Committee (circulated previously) be noted and adopted as follows:

 

(i)            13th November 2019

(ii)          3rd December 2019

(iii)         11th December 2019

100e

Policy Development Committee pdf icon PDF 232 KB

(i)         9th December 2019

Minutes:

RESOLVED that the following minutes of the Policy Development Committee (circulated previously) be noted and adopted as follows:

 

(i)            9th December 2019

 

Councillor Prowse advised that Parish Councils had received notification that the Northern Devon Healthcare Trust and Royal Devon and Exeter Boards had agreed to explore joining together on a more formal basis.

 

Councillor Spear, Chair of the Policy Development Committee advised that the Committee would consider the proposals during the consultation period.

100f

Strategy and Resources Committee pdf icon PDF 7 KB

(i)

2nd December 2019

 

Minute 76: Acquisition of Corporate Property

 

Additional documents:

Minutes:

RESOLVED that the following minutes of the Strategy and Resources Committee (circulated previously) be noted and adopted as follows:

 

(i)            2nd December 2019

(A) Minute 76: Acquisition of Corporate Property

101.

Exclusion of Public and Press and Restriction of Documents

RECOMMENDED:

 

(a)

That, under section 100A(4) of the Local Government Act 1972, the

public and press be excluded from the meeting for the following item

as it involves the likely disclosure of exempt information as defined by Paragraph 2 of Part 1 of Schedule 12A of the Act (as amended from time to time), namely information which is likely to reveal the identity of an individual;

 

(b)

That all documents and reports relating to the item be confirmed as

“Not for Publication”.

 

Minutes:

RESOLVED:

 

(a)

That, under section 100A(4) of the Local Government Act 1972, the

public and press be excluded from the meeting for the following item

as it involved the likely disclosure of exempt information as defined by Paragraph 2 of Part 1 of Schedule 12A of the Act (as amended from time to time), namely information which is likely to reveal the identity of an individual;

 

(b)

That all documents and reports relating to the item be confirmed as

“Not for Publication”.

 

102.

Ombudsman's Report 19 005 366

Report by Monitoring Officer (attached).

Minutes:

Council considered a report by the Monitoring Officer (circulated previously) regarding the conclusion reached by the Local Government and Social Care Ombudsman on 6th December 2019 (reference 19 005 366).

 

It was moved by Councillor Barker and seconded by Councillor Walker “that the recommendation in the report be adopted.”

 

RESOLVED that the Ombudsman report be noted.