Agenda and minutes
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Contact: Corporate and Community Services 01271 388253
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Apologies for absence Minutes: Apologies for absence were received from Councillors Bulled, Campbell, Hunt and Roome. |
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Additional documents:
Minutes:
Following a question from Councillor Ley in relation to minute 121 (b) (A) of the meeting held on 13th March 2019, the Chief Executive advised that no progress had been made currently, however the issue would be discussed at the next Group Leaders meeting. |
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Chairman's announcements Minutes: (a) Welcome
The Chair welcomed Councillor Bushell’s youth advisor to the meeting.
(b) Order of agenda
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Business brought forward by or with the consent of the Chairman Minutes: There were no items of business brought forward by or with the consent of the Chair. |
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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 submitted by the Public and/or Petitions received under Part 4, Council Procedure Rules, Paragraphs 8 and 9 of the Constitution. |
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To consider motions of which notice has been submitted by Members in accordance with Part 4, Council Procedure Rules, Paragraph 11 of the Constitution
Minutes: (a) To consider the following notice of motion from Councillor Tucker.
Councillor Tucker presented his notice of motion to Council.
It was moved by Councillor Tucker and seconded by Councillor Walker “that the notice of motion be referred to the Policy Development Committee for consideration and that the Devon County Council Lead Officer for the North Devon Link road improvements project be invited to provide an update on the project to all Councillors as soon as possible.”
Councillor Bushell expressed concern regarding how much consideration and weight had been given to the environmental impact of vehicles stopping and starting due to the provision of additional roundabouts as part of the North Devon Link Road improvements.
Councillor Davis declared a personal interest as Devon County Council Portfolio Holder for the North Devon Link road project.
(b) To consider the following notice of motion from Councillor Worden ... view the full minutes text for item 21. |
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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: The following declaration of interest was announced:
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Chairman'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. |
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Fraud and Corruption Awareness Presentation by Mr R. Hutchins, Head of Devon Audit Partnership and Ken Johnson, Fraud Lead of Devon Audit Partnership. Minutes: Council received a presentation by Mr R. Hutchins, Head of Devon Audit Partnership and Mr K. Johnson, Fraud Lead of Devon Audit Partnership regarding Fraud and Corruption as part of the Member Training and Development Programme. They provided an overview on fraud; definition and types of fraud; the Annual Fraud Indicator for 2017 which revealed the staggering prevalence of fraud which was now the UK’s most common criminal offence; national cost of fraud; the Fraud Triangle; definition and types of dishonesty; types of fraud within Local Authorities; definition of bribery and types of bribery; need for adequate procedures to be in place; importance of whistleblowing and the Public Interest Disclosure Act 1998; national response of how to deal with fraud and corruption; guidance and support available to the Council from the Devon Audit Partnership.
The Head of Resources thanked Mr R. Hutchins and Mr K. Johnson for their attendance and presentation and reminded Council that the Council’s Anti-Fraud and Corruption policies had been adopted in March 2019 and were available on the Council’s website. A copy of the presentation slides had been tabled and would also be circulated to all Members. |
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Report of the Leader of the Council PDF 179 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 Annual Council meeting. |
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Questions by Members PDF 257 KB Questions to the Leader or the Chair of a Committee submitted under Part 4, Council Procedure Rules, paragraph 10.4 of the Constitution. Minutes: The following questions were submitted in advance of the meeting and responses provided by the Leader were tabled:
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Appointment of Lead Members PDF 150 KB Report by Chief Executive (attached). Minutes: Council considered a report by the Chief Executive (circulated previously) regarding the appointment of Lead Members.
It was moved by Councillor Worden and seconded by Councillor Bushell that recommendation 2.1 of the report be adopted.
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Appointments to Outside bodies PDF 223 KB Report by Chief Executive (attached). Minutes: Council considered a report by the Chief Executive (circulated previously) regarding appointments to Outside Bodies. The Chief Executive advised that following the Annual Council meeting on 16th May 2019 there were a number of appointments to Outside bodies that were outstanding and needed to be considered. In relation to the Braunton Marsh Internal Drainage Board, it was understood that Councillors appointed needed to represent the Braunton area, however this needed to be reconsidered.
It was moved by Councillor Worden and seconded by Councillor Leaver “that recommendations 2.1, 2.2 and 2.3 be adopted subject to Councillor D Spear being appointed to North Devon Biosphere Reserve Partnership; Councillor York being appointed to One Barnstaple; appointments to the Braunton Marsh Internal Drainage Board being deferred until the Council meeting on 25th September 2019; and Councillor Wilkinson be appointed to the Northern Devon Areas of Outstanding Natural Beauty Partnership.”
Councillor Davis declared a personal interest as a Devon County Councillor appointed to the Northern Devon Areas of Outstanding Natural Beauty Partnership.
Councillor Chesters declared a personal interest as Chair of the Braunton Marsh Internal Drainage Board. She advised that she had requested the secretary to provide a copy of the Board’s term of reference.
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Climate Change Declaration PDF 173 KB Report by Chief Executive (attached). Minutes:
Mr G. Curry, addressed Council.
Councillor Leaver presented her notice of motion to Council.
It was moved by Councillor Leaver and seconded by Councillor Worden that “This Council reaffirms its recognition of the scale and urgency of the global challenge from climate change, as documented by the latest Special Report of the Intergovernmental Panel on Climate Change, and declares a climate emergency; and agrees to set up a climate change working party to investigate and recommend an action plan of what further corporate approaches can be taken to facilitate stronger action through collaboration at a strategic, community and individual level. To this end this Council will work with the County Council and partners across the county and region to implement best practice methods to limit Global Warming to less than 1.5 degrees Celsius. Furthermore this Council calls on Westminster to provide the powers and resources to enable North Devon to work towards becoming carbon neutral as soon as possible bearing in mind the Intergovernmental Panel on Climate Change’s target of 2030.”
Councillor Pearson recommended amending the notice of motion to include “declares a climate and biodiversityemergency”.
Councillors Leaver and Worden agreed to take the amendment on board in the notice of motion.
Council considered a report by the Chief Executive (circulated previously) regarding signing up to the joint Climate Change declaration. He advised that all Districts, Parishes and Communities needed to take part and sign up to the Climate Change declaration. There was a need to replicate the Plastic Free consortium model for Climate Change to engage with community groups and businesses.
Councillor Tucker suggested that Climate Change be included on the agenda for the next meeting of the Parish Forum.
It was moved by Councillor Crabb and seconded by Councillor Leaver that recommendations 2.1 and 2.2 be adopted subject to an additional recommendation being included stating “that in implementing the declaration of climate change that the costs of any measures be identified.” ... view the full minutes text for item 29. |
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Changes to Constitution PDF 155 KB Report by Chief Executive (attached). Minutes: Council considered a report by the Chief Executive (circulated previously) regarding changes to the Constitution.
Councillor Ley, Chair of Planning Committee advised that the amended wording of paragraph 7.2 (c) of the Head of Place’s delegated powers was different to the wording that had been agreed by the Planning Committee following its meeting on 12th June 2019.
It was moved by Councillor Worden and seconded by Councillor Patrinos that recommendations 2.1.1 and 2.1.3 be approved and that recommendation 2.1.2 be deferred and brought back to the next meeting of Council for consideration.
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Statement of Accounts 2018/19 |
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Report by Chief Financial Officer (attached). PDF 133 KB Chair of the Governance Committee to report the recommendations of the Governance Committee on 11th June 2019 and 22nd July 2019. Additional documents: Minutes: Council considered a report by the Chief Financial Officer (circulated previously) regarding the Statement of Accounts for 2018/19. The Chief Financial Officer advised that the External Audit of Accounts commenced on 1st July 2019 and that the Audit Findings report was reported to the Governance Committee on 22nd July 2019 which gave an unqualified opinion on financial statements and value for money conclusion and three recommendations following key findings which had been accepted by management and responses had been built into the Action Plan. The Accounts were formally required to be signed off by Council on 24th July 2019. He outlined the narrative report which set out the challenges the Council faced, how those challenges would be met and reviewed the last financial year 2018/19.
The Chief Financial Officer advised that a paper detailing adjustments identified during the 2018/19 audit which had not been made within the final set of financial statements had been tabled. The Governance Committee had approved the management’s proposed treatment of all items detailed in the paper.
Councillor Phillips, Vice-Chair of the Governance Committee reported the recommendations of the Governance Committee on 11th June 2019 and 22nd July 2019 and advised that the Committee had supported the recommendation. He thanked the Head of Resources and his staff for their work.
In response to a question, the Chief Financial Officer advised that a review of the pension liability would be undertaken during the Autumn to identify the cash impact on the Council. This would then be fed into the budget setting process and Members would be advised.
It was moved by Councillor Prowse and seconded by Councillor Barker that the recommendation in the report be adopted.
RESOLVED that the Statement of Accounts 2018/19 be approved, and that the Chairman of the Council sign and date the Statement of Accounts as required by the Accounts and Audit Regulations.
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Annual Governance Statement 2018/19 (attached). PDF 362 KB To consider the recommendations of the Governance Committee held on 11th June 2019 (attached). Additional documents: Minutes: Council considered the Annual Governance Statement for 2018/19 (circulated previously). The Chief Executive summarised the Annual Governance Statement and advised that it set out the governance and control measures for the Council.
Councillor Phillips, Vice-Chair of the Governance Committee reported the recommendations of the Governance Committee held on 11th June 2019.
It was moved by Councillor Patrinos and seconded by Councillor Henderson that the Annual Governance Statement for 2018/19 be approved.
RESOLVED that the Annual Governance Statement for 2018/19 be approved. |
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Letter of Representation on behalf of the Council (attached). PDF 2 MB It is RECOMMENDED “that the letter of representation on behalf of the Council be approved and signed by the Chief Financial Officer” (attached). Chair of the Governance Committee to report the recommendation of the Governance Committee on 22nd July 2019. Minutes: Council considered the letter of representation on behalf of the Council (circulated previously). The Head of Resources highlighted paragraph (x) detailed on page 162 of the agenda.
Councillor Phillips, Vice Chair of the Governance Committee reported the recommendations of the Governance Committee held on 22nd July 2019.
It was moved by Councillor Patrinos and seconded by Councillor Yabsley that the recommendation be adopted.
RESOLVED that the letter of representation on behalf of the Council be approved and signed by the Chairman and Chief Financial Officer.
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Appointments of Committees for 2019/20 |
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Report by Chief Executive (attached) PDF 44 KB Additional documents: Minutes: Council considered a report by the Chief Executive (circulated previously) regarding the appointment of committees for 2019/20.
The Chief Executive advised that table 2 had been tabled.
The Chief Executive recommended the following:
“(a) that the Council appoints committees and joint committees each with the total number of voting members and group allocations as detailed in table 1 for the 2019/20 municipal year.
(b) that, as required by section 16(1) of the Local Government and Housing Act 1989, Members be appointed to committees and joint 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 as determined at (a) above, as set out for the time being in table 2 circulated at the meeting.”
It was moved by Councillor Barker and seconded by Councillor Worden that the recommendations be adopted.
RESOLVED:
(a) that the Council appoints committees and joint committees each with the total number of voting members and group allocations as detailed in table 1 for the 2019/20 municipal year;
(b) that, as required by section 16(1) of the Local Government and Housing Act 1989, Members be appointed to committees and joint 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 as determined at (a) above, as set out for the time being in table 2 circulated at the meeting.
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Licensing and Community Safety Committee: Appointment of Vice-Chair for 2019/20 It is RECOMMENDED that Councillor York be appointed to replace Councillor J. Cann as Chair of the Licensing and Community Safety Committee for the municipal year 2019/20. Minutes: Council noted the typographical error in the agenda item and that it should have stated “Appointment of Vice-Chair for 2019/20”.
It was moved by Councillor Worden and seconded by Councillor Barker that the recommendation be adopted.
RESOLVED that Councillor York be appointed to replace Councillor J. Cann as Vice-Chair of the Licensing and Community Safety Committee for the municipal year 2019/20.
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Appointments to the Planning Committee It is RECOMMENDED that Councillors Bushell and Phillips be appointed to the Planning Committee Reserve List for Substitutions and that Councillor Jenkins be appointed to the Planning Committee to replace Councillor Henderson for the municipal year 2019/20.
Minutes: Council noted that the appointments had been considered under minute 32 (a). |
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Performance and Financial Management - Quarter 4 2018/19 PDF 348 KB (NOTE: A copy of the report that was considered by the Strategy and Resources Committee on 3rd June 2019 is attached). Additional documents:
Minutes: Council considered the Performance and Financial Management report for Quarter 4 of 2018/19 to the Strategy and Resources Committee on 3rd June 2019 (circulated previously). |
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Report of the Policy Development Committee PDF 131 KB To receive the report of the Policy Development Committee held on 20th June 2019 (attached). Minutes: Councillor D. Spear, Chair of the Policy Development Committee presented the Committee’s report on the Performance and Financial for Quarter 4 2018/19 (circulated previously). |
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Report of meeting of the Strategy and Resources Committee PDF 8 KB To receive the report of the meeting of the Strategy and Resources Committee held on 3rd June 2019 (attached). Minutes: Councillor Worden, Chair of the Strategy and Resources Committee reported the recommendations of the Strategy and Resources Committee on the Performance and Financial Management for Quarter 4 of 2018/19 (circulated previously).
It was moved by Councillor Spear and seconded by Councillor Worden “that minute 4 (f) of the meeting of the Strategy and Resources Committee held on 3rd June 2019 be adopted.”
RESOLVED that minute 4 (f) of the meeting of the Strategy and Resources Committee held on 3rd June 2019 be adopted.
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Annual Treasury Management report 2018/19 PDF 456 KB (NOTE: A copy of the report that was considered by the Strategy and Resources Committee on 1st July 2019 is attached). Minutes: Council considered the Annual Treasury Management report for 2018/19 to the Strategy and Resources Committee on 1st July 2019 (circulated previously).
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Report of Policy Development Committee PDF 123 KB To receive the report of the Policy Development Committee held on 18th July 2019 (to follow).
Minutes: Councillor D. Spear, Chair of the Policy Development Committee presented the Committee’s report on the Annual Treasury Management report for 2018/19 (circulated previously).
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Report of Strategy and Resources Committee PDF 6 KB To receive the report of the meeting of the Strategy and Resources Committee held on 1st July 2019 (attached).
Minutes: Councillor Worden, Chair of the Strategy and Resources Committee reported the recommendations of the Strategy and Resources Committee on the Annual Treasury management report for 2018/19 (circulated previously).
It was moved by Councillor Worden and seconded by Councillor Spear “that minute 16 of the meeting of the Strategy and Resources Committee held on 1st July 2019 be adopted.”
RESOLVED that minute 16 of the meeting of the Strategy and Resources Committee held on 1st July 2019 be adopted. |
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Appointment of Designated Person - Harbours PDF 149 KB Report by Chief Executive (attached). Minutes: Council considered a report by the Chief Executive (circulated previously) regarding the appointment of a designated person for the harbours.
It was moved by Councillor Barker and seconded by Councillor Turton that the recommendation in the report be adopted.
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Appointment of Monitoring Officer PDF 52 KB Report by Chief Executive (attached). Chairman of Appointments Committee to report recommendations of the Appointments Committee on 23rd July 2019. Minutes: Council considered a report by the Chief Executive (circulated previously) regarding the appointment of Monitoring Officer. The Chief Executive advised that the Appointments Committee had met on 23rd July 2019 and recommended that Trevor Blatchford be appointed as Monitoring Officer with immediate effect.
It was moved by Councillor Worden and seconded by Councillor York that the recommendations in the report be adopted.
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Appointment of Honorary Aldermen PDF 165 KB Report by Chief Executive (attached). Minutes: Council considered a report by the Chief Executive (circulated previously) regarding the appointment of Aldermen.
It was moved by Councillor Worden and seconded by Councillor Prowse that the recommendations in the report be adopted.
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Recording of meetings To consider whether to record future Council meetings. Minutes: Council considered the future recording of Council meetings.
It was moved by Councillor Topps and seconded by Councillor Lane “that future Council meetings be recorded (sound only)”.
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Minutes of Committees Council is recommended to note the schedule of Committee minutes and approve recommendations as listed below: |
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It is a RECOMMENDED that the minutes of the following meeting be approved as a correct record:
(i) 5th March 2019 Minutes: RESOLVED that the following minutes of the Audit Committee (circulated previously) be noted, adopted and approved as a correct record:
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It is a RECOMMENDED that the minutes of the following meeting be approved as a correct record:
(i) 23rd January 2019 Minutes: RESOLVED that the following minutes of the Ethics Committee (circulated previously) be noted, adopted and approved as a correct record:
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It is a RECOMMENDED that the minutes of the following meetings be approved as a correct record:
(i) 26th February 2019 (ii) 4th March 2019 (iii) 1st April 2019 Additional documents:
Minutes: RESOLVED that the following minutes of the Executive (circulated previously) be noted, adopted and approved as a correct record:
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Governance Committee PDF 242 KB (i) 11th June 2019 Minutes: RESOLVED that the following minutes of the Governance Committee (circulated previously) be noted and adopted as follows:
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(i) 4th June 2019 Minutes: RESOLVED that the following minutes of the Harbour Board (circulated previously) be noted and adopted as follows:
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Licensing and Community Safety Committee PDF 205 KB (i) 18th June 2019
(A) Minute 3: Proposed amendments to Dangerous Wild Animal and Zoo Licensing Fees (NOTE: This recommendation will be considered by the Strategy and Resources Committee on 5th August 2019). Minutes: RESOLVED that the following minutes of the Licensing and Community Safety Committee (circulated previously) be noted and adopted as follows:
(i) 18th June 2019
(A) Minute 3: Proposed amendments to Dangerous Wild Animal and Zoo Licensing Fees (NOTE: Council noted that this recommendation would be considered by the Strategy and Resources Committee on 5th August 2019).
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Overview and Scrutiny Committee PDF 202 KB It is a RECOMMENDED that the minutes of the following meeting be approved as a correct record:
(i) 7th March 2019 Minutes: RESOLVED that the following minutes of the Overview and Scrutiny Committee (circulated previously) be noted, adopted and approved as a correct record:
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Personnel Committee PDF 180 KB It is a RECOMMENDED that the minutes of the following meeting be approved as a correct record:
(i) 26th February 2019 Minutes: RESOLVED that the following minutes of the Personnel Committee (circulated previously) be noted, adopted and approved as a correct record:
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(i) 13th March 2019 (ii) 17th April 2019 (iii) 12th June 2019
Additional documents:
Minutes: RESOLVED that the following minutes of the Planning Committee (circulated previously) be noted and adopted as follows:
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Policy Development Committee PDF 233 KB (i) 20th June 2019 Minutes: RESOLVED that the following minutes of the Policy Development Committee (circulated previously) be noted and adopted as follows:
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Strategy and Resources Committee PDF 96 KB (i) 3rd June 2019
(ii) 1st July 2019
(A) Minute 17 (e): Approval and Release of Section 106 Open Space Funds – Bickington, Ilfracombe and North Molton.
(B) Minute 20 (c): Braunton Burrows Special Area of Conservation Visitor Impacts and Mitigation. Additional documents:
Minutes: RESOLVED that the following minutes of the Strategy and Resources Committee (circulated previously) be noted and adopted as follows:
(i) 3rd June 2019
(ii) 1st July 2019
(A) Minute 17 (e): Approval and Release of Section 106 Open Space Funds – Bickington, Ilfracombe and North Molton.
(B) Minute 20 (c): Braunton Burrows Special Area of Conservation Visitor Impacts and Mitigation.
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