Agenda and minutes

Council stood in silence for one minute in memory of Councillor Walter White who had recently passed away.

The Chair will then take the Declaration of Acceptance of Office.

(NOTE: Article 5.8 of the Constitution states that “Neither the Chair of the Council nor the Vice-Chair shall be a Member of the Strategy and Resources Committee”.)

Former Councillor John Moore, Chair of Council advised that Mr Teasdale had requested to record the proceedings of Council and requested that any member of the public who did not wish to be recorded to notify him.

Former Councillor John Moore addressed Council and summarised his role as Chair of the Council, the events that he had attended during his term of office, his Civic Service which had been held in South Molton in September 2018 to commemorate the RAF 100^th Anniversary and the last event he had attended which was the Lord Lieutenant’s Investiture Award event whereby two local people had been awarded with MBE’s.  He thanked his wife as consort, Councillor Frank Biederman as his Vice-Chair, the Chair’s secretary and the Corporate and Community Services team for their support in his role as Chair.  He also thanked Councillor Worden and Reverend Michael Grandey for giving prayers prior to Council meetings.

The Chair called for nominations.

It was moved by Councillor Worden and seconded by Councillor Prowse that Councillor Biederman be appointed Chair of Council for the 2019/20 municipal year.

Councillor Biederman took the Declaration of Acceptance of Office and gave a speech of thanks for being elected.  He thanked former Councillor Moore for his service for many years to the Council and to South Molton.  He presented John Moore with a past Chairs badge.  He welcomed newly elected Councillors to the first meeting of Council and advised that following the adoption of a Committee structure, all Councillors would have a more prominent role to play within the Council which would lead to more openness and transparency.

The Vice-Chair will then take the Declaration of Acceptance of Office.

(NOTE: Article 5.8 of the Constitution states that “Neither the Chair of the Council nor the Vice-Chair shall be a Member of the Strategy and Resources Committee”.)

The Chair called for nominations for the election of Vice Chair of the Council for 2019/20.

It was moved by Councillor Worden and seconded by Councillor Tucker “that Councillor Hunt be appointed Vice Chair of Council for the 2019/20 municipal year”.

Councillor Hunt took the Declaration of Acceptance of office and gave a speech of thanks for being elected.

Apologies for absence were received from Councillors Lofthouse, Saxby and Topham.

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

The following declaration of interest was announced:

Councillor Bushell raised a point of order in relation to the wording detailed on page 4 of the agenda under the heading of “the rules of Executive Question Time” which needed to be amended following the adoption of the committee structure.

The Head of Corporate and Community Services advised that the wording would be amended accordingly.

To consider the appointment of Leader of the Council for 2019/20 until the Annual Council meeting on 1^st April 2020.

It was moved by Councillor D. Spear and seconded by Councillor Fowler that Councillor Worden be appointed Leader of the Council for 2019/20 until the Annual Council meeting on 1^st April 2020.

To consider the appointment of Deputy Leader of the Council for 2019/20 until the Annual Council meeting on 1^st April 2020.

It was moved by Councillor Roome and seconded by Councillor D. Spear that Councillor Prowse be appointed Deputy Leader of the Council for 2019/20 until the Annual Council meeting on 1^st April 2020.

Report by Head of Corporate and Community (to follow).

It is RECOMMENDED:

“That the Council appoints Committees and Joint Committees each with the total number of voting Members and Group allocations as shown in Tables 1 and 2 (to follow) for the 2019/20 municipal year with the terms of reference set out in the Council’s constitution.”

It was moved by Councillor Worden and seconded by Councillor Patrinos “that the Council appoints Committees and Joint Committees each with the total number of voting Members and Group allocations as shown in Tables 1 and 2 (tabled) for the 2019/20 municipal year with the terms of reference set out in the Council’s constitution.”

RESOLVED that the Council appoints Committees and Joint Committees each with the total number of voting Members and Group allocations as shown in Tables 1 and 2 (tabled) for the 2019/20 municipal year with the terms of reference set out in the Council’s constitution.

“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 3 circulated at the meeting.”

Councillor Yabsley, Leader of the Conservative Group advised Council that there was an error in table 3 of the report (tabled).  As Councillor Chesters had been appointed to the Planning Committee, Councillor Barker had been appointed on the Planning Committee Reserve list for substitutions in place of Councillor Chesters.

It was moved by Councillor Worden and seconded by Councillor Wilkinson “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 3 circulated at the meeting subject to the Conservative group’s nomination of Councillor Chesters to the Planning Committee Reserve List for substitutions being replaced with Councillor Barker.”

RESOLVED 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 3 circulated at the meeting subject to the Conservative group’s nomination of Councillor Chesters to the Planning Committee Reserve List for substitutions being replaced with Councillor Barker.

“That the Council appoints Chairs and Vice-Chairs to the Committees and Joint Committees as set out in Table 4 circulated at the meeting for the 2019/20 municipal year.”

It was moved by Councillor Leaver and seconded by Councillor Gubb “that the Council appoints Chairs and Vice-Chairs to the Committees and Joint Committees as set out in Table 4 circulated at the meeting for the 2019/20 municipal year subject to Councillor Wilkinson being appointed as Vice-Chair of the Harbour Board.”

An amendment was moved by Councillor Yabsley and seconded by Councillor Barker “that the Council appoints Chairs and Vice-Chairs to the Committees and Joint Committees as set out in Table 4 circulated at the meeting for the 2019/20 municipal year subject to Councillor Chesters being appointed as Chair of the Planning Committee and Councillor Crabb being appointed as Chair of the Policy Development Committee.”

It was moved by Councillor Yabsley and seconded by Councillor Barker that the vote be taken by a ballot.  It was put to the vote and lost.

A separate vote was carried out on the proposed appointments of Councillor Chesters being appointed as Chair of the Planning Committee and Councillor Crabb being appointed as Chair of the Policy Development Committee as included within the amendment.  The appointments were put to the vote and lost.

The motion was put to the vote and was carried.

RESOLVED that the Council appoints Chairs and Vice-Chairs to the Committees and Joint Committees as set out in Table 4 circulated at the meeting for the 2019/20 municipal year subject to Councillor Wilkinson being appointed as Vice-Chair of the Harbour Board.

“That the Council appoints Members to the Local Government Association and South West Regional Chamber for the period 2019/20 as set out in Table 5 circulated at the meeting and that these appointments be approved duties.”

It was moved by Councillor Worden and seconded by Councillor Lovering “that the Council appoints the following Members to the Local Government Association and South West Regional Chamber for the period 2019/20 and that these appointments be approved duties:

General Assembly – Councillor Bushell

South West Branch – Councillor Yabsley

Coastal Issues Group – Councillor Wilkinson and Davis

District Council’s Network Assembly – Councillor Worden (substitute Councillor Prowse) and the Chief Executive”

Councillor Walker put her name forward to be appointed to the Coastal Issues Group.

Councillor Davis withdrew her nomination to the Coastal Issues Group.

RESOLVED that the Council appoints the following Members to the Local Government Association and South West Regional Chamber for the period 2019/20 and that these appointments be approved duties:

General Assembly – Councillor Bushell

South West Branch – Councillor Yabsley

Coastal Issues Group – Councillors Walker and Wilkinson

District Council’s Network Assembly – Councillor Worden (substitute Councillor Prowse) and the Chief Executive

“That alternative arrangements be made for the appointment of Members to the Appointments Committee in accordance with the powers set out in Section 17 of the Local Government and Housing Act 1989 and the provisions of the Local Government (Committees and Political Groups) Regulations 1990 and that the alternative arrangements provide that the membership of the Appointments Committee be not politically balanced”.

It was moved by Councillor Lane and seconded by Councillor Fowler “that alternative arrangements be made for the appointment of Members to the Appointments Committee in accordance with the powers set out in Section 17 of the Local Government and Housing Act 1989 and the provisions of the Local Government (Committees and Political Groups) Regulations 1990 and that the alternative arrangements provide that the membership of the Appointments Committee be not politically balanced and that Councillors Pearson, Prowse, Worden and Yabsley be appointed to the Committee”.

RESOLVED that alternative arrangements be made for the appointment of Members to the Appointments Committee in accordance with the powers set out in Section 17 of the Local Government and Housing Act 1989 and the provisions of the Local Government (Committees and Political Groups) Regulations 1990 and that the alternative arrangements provide that the membership of the Appointments Committee be not politically balanced and that Councillors Pearson, Prowse, Worden and Yabsley be appointed to the Committee.

Report by the Head of Corporate and Community Services (attached).

Council considered a report by the Head of Corporate and Community Services (circulated previously) regarding the Scheme of Members Allowances for 2019/20.

The Head of Corporate and Community Services advised that as Council had adopted a revised Constitution based on a committee structure, the Local Authorities (Member Allowances) Regulations required the Council to have regard to the recommendations made by an Independent Remuneration Panel.  The report of the Panel had been appended to the report and the recommendations were summarised under paragraph 4.5 of the report. As detailed in paragraph 5.1, if Council adopted the recommended Scheme of Members Allowances as detailed in Appendix B of the report, the net savings against the approved 2019/20 Revenue Budget was £33,000.  This was mainly due to the change from an Executive model to a committee system.

Council noted a typographical error under paragraph 15 of Appendix A and that it should state “Chairman of Planning”.

The Head of Corporate and Community Services advised that Council could consider the appointment of Lead Members at the next meeting.

It was moved by Councillor Barker and seconded by Councillor Prowse “that the Scheme of Members Allowances for 2019/20 be adopted as detailed in Appendices B and C of the report subject to the wording of paragraph 3 of Appendix B “Carer’s Allowance” being amended to include the definition of “disability” in accordance with the Equality Act 2010 and that the Independent Remuneration Panel be requested to review the special responsibility allowances for Vice-Chair of Committees, co-opted Harbour Board Members and Lead Members following appointments made.”

Report by Head of Corporate and Community Services (attached).

Council considered a report by the Head of Corporate and Community Services (circulated previously) regarding the appointment of representatives to Outside Bodies.  An amended version of the appendix was tabled.

The Head of Corporate and Community Services advised that in addition to the outside body appointments listed in the appendix, Council was also required to appoint two Councillors to North Devon+ and one Councillor to One Ilfracombe.  These organisations were private companies and the Councillors appointed would be required to act as Directors of the companies.  He also reported that the appointments to the North Devon Highways and Transport Orders Committee and the North Devon County Locality Committee should be three Members (not two as previously circulated).

Councillor Worden requested that consideration of the appointment to the Northern Devon Areas of Outstanding Natural Beauty be deferred pending confirmation as to whether two Councillors could be appointed. 

Councillor Yabsley recommended that Councillor Bulled be appointed to serve on the Exmoor National Park Authority as her ward was located within the Exmoor National Park area.

Councillors Bulled, Ley and Patrinos addressed the Council and explained the reasons why they should be considered for appointment to the Exmoor National Park Authority.

The Head of Corporate and Community Services advised that as there were three nominations for two seats on the Exmoor National Park Authority, in accordance with the Council Procedure Rules of Part 4 of the Constitution, Council would be required to vote for each person nominated and the Councillor with the least number of votes would be taken off of the list. 

It was moved by Councillor Crabb and seconded by Councillor Luggar that the vote be taken by a ballot.  It was put to the vote and lost.

Voting then took place on the nominations as follows: Councillor Bulled (11 votes), Councillor Ley (23 votes) and Councillor Patrinos (31 votes).

Councillor Davis advised that the Devon and Exeter Rail Project Working Group had been replaced by the Devon Rail Forum and that only one Councillor could be appointed to the Forum rather than two.

Councillor Luggar withdrew his nomination for appointment to the Devon Rail Forum (formerly the Devon and Exeter Rail Project Working Group).

It was moved by Councillor Topps and seconded by Councillor Bushell “that Members of the Council be appointed to the Outside Bodies listed in the appendix circulated at the meeting for the life of Council subject to Councillors Ley and Patrinos being appointed to the Exmoor National Park Authority and  Councillor Mack being appointed to the Devon Rail Forum; that consideration of appointment to the Northern Devon Areas of Outstanding Natural Beauty being deferred pending the receipt of confirmation as to whether two Councillors could be appointed; that attendance at meetings be an approved duty; that all appointees to Outside Bodies be required to report back to Council at appropriate intervals, usually annually; and that appointments not be made to the Barnstaple BID and the North Devon Archaeological Society.”

It is RECOMMENDED that the Scheme of Delegations (as amended) for the discharge of functions for the year 2019/20 as set out in Part 3 of the Constitution be adopted.

It was moved by Councillor Leaver and seconded by Councillor Yabsley that “the Scheme of Delegations (as amended) for the discharge of functions for the year 2019/20 as set out in Part 3 of the Constitution be adopted.”

Report by Head of Corporate and Community (attached).

Council considered a report by the Head of Corporate and Community Services (circulated previously) regarding Assistants for Political Groups.

The Head of Corporate and Community Services advised that no Political Group had indicated that they wished to appoint a Political Assistant.

It was moved by Councillor Roome and duly seconded “that the report be noted”.

Report by Chief Executive (attached).

Council considered a report by the Chief Executive (circulated previously) regarding the Appointment of a Director to North Devon+ following the retirement of the Chief Executive.

It was moved by Councillor Roome and seconded by Councillor Barker “that Ken Miles be nominated for appointment as Director of North Devon +”

Report by Head of Corporate and Community (attached).

Council considered a report by the Head of Corporate and Community Services (circulated previously) regarding the appointment of an Independent Person to assist the Council in promoting and maintaining high standards of conduct amongst the elected members of the Council and all Parish Councils in the area.

It was moved by Councillor Yabsley and seconded by Councillor Worden that “Mr Rob Jeanes be appointed as Independent Person with effect from the 16^thMay 2019 for a four year term.”