Agenda and minutes

To receive apologies for absence from the meeting.

Apologies for absence were received from Councillors Boundy, Hancock, Leaper and Parker.

Nominations were invited for Chair of the Council.

It was proposed by Councillor Watson, seconded by Council Hellyer and –

Resolved:

That Councillor S Inch be elected Chair of the Council.

(Vote: For – unanimous)

Councillor S Inch read and signed the acceptance of Office and took the Chair.

Nominations were invited for Vice Chair of the Council.

It was proposed by Councillor Davis, seconded by Councillor A Inch and –

Resolved:

That Councillor McGeough be elected as Vice Chair of the Council.

(Vote: For – unanimous)

Councillor McGeough read and signed the acceptance of Office.

The newly elected Chair thanked the outgoing Chair for his services.

Confirmation of the minutes of the meeting held on 27 March 2018.

The minutes of the meeting of the Council held on 27 March 2018 were presented.

It was proposed by Councillor Hackett, seconded by Councillor Lock and –

Resolved:

That the minutes be confirmed as a correct record and signed by the Chair.

(Vote: For – 26, Abstentions 6)

Matters Arising

101 - Annual Investment and Treasury Management 18/19

Councillor Christie referred to his request at the previous meeting that the Council look into having its own renewable energy/Ethical Overlay.  The Strategic Manager (Resources) had confirmed at the Full Council meeting  it would be possible to look at this, however, had pointed out at the time further work would be required if Members wanted to progress. 

The Strategic Manager (Resources) referred Councillor Christie to what was approved by Full Council, which didn’t include looking further into renewable energy investments.

The action list was noted.

15 minute period for public contributions

John Emms, Chairman of Bideford & District Chamber of Commerce, offered his congratulations to the Chair, Leader and Group Leaders on their election. 

Mr Emms then addressed the Committee, advising that the Bideford & District Chamber of Commerce would be changing its name to the Bideford Bay Chamber of Commerce.  He referred to the historic relationship between the Chamber of Commerce and the District Council offering apologies for previous behaviour.  He alluded to accusations of the Council being risk adverse and wholeheartedly welcomed the employment of the new Economic Development Manager.  The Chamber of Commerce was looking closely at properties within the realms of Section 215 of the Town and Country Planning Act and would be approaching the Council with regard to enforcement action being taken.  Mr Emms reported that further to a conversation with HSBC on the state of their building, it appeared that the bank was now addressing the issue.

Mr Emms concluded by stating that he would be complementing Torridge District Council on its promotion of business and was proud of the path being followed.

The Chair extended a welcome to newly elected Councillor James Hellyer.

No questions had been submitted under Procedural Rule A9.

Nominations were invited for Leader of the Council.

It was proposed by Councillor Watson, seconded by Councillor Davis and –

Resolved:

That Councillor Whittaker be elected Leader of the Council for the ensuing year.

(Vote: For 31, Abstentions 1)

Nominations were invited for Deputy Leader of the Council.

It was proposed by Councillor Langmead, seconded by Councillor Lock and - 

Resolved:

That Councillor Hurley be elected Deputy Leader of the Council.

(Vote: For 31, Abstentions 1)

To receive the report of the Senior Solicitor.

The Senior Solicitor referred Members to the Terms of Reference

The Senior Solicitor presented the report and advised that it was a requirement of the Council’s Constitution that Full Council approve the size of Committees and their Terms of Reference as set out in Part 3 of the Constitution each year at the Annual General Meeting.

It was proposed by Councillor A Inch, seconded by Councillor Watson and –

Resolved:

That the size of Committees as stated in the report and their Terms of Reference as set out in Appendix 1 be approved.

(Vote: For – unanimous)

To receive the report of the Senior Solicitor.

The Senior Solicitor advised that the purpose of the report was to agree the number of seats on the Committees allocated to each of the Political Groups.

It was proposed by Councillor Watson, seconded by Councillor Hackett and –

Resolved:

That the number of seats on the Committees allocated to each of the Political Groups be agreed as follows:

(Vote: For – unanimous)

To receive the report of the Senior Solicitor.

The Senior Solicitor reported that it was a requirement of the Council’s Constitution that Full Council approve (or delegate to Group Leaders to agree) the members serving on Committees each year at the Annual General Meeting.

It was proposed by Councillor Watson, seconded by Councillor  A Inch and –

Resolved:

Agreement of the membership on each Committee be delegated to Group Leaders and a report would be brought back to the next meeting the Council.

(Vote: For – unanimous)

Community and Resources Committee

Audit and Governance Committee

Plans Committee

Licensing Committee

Internal Overview and Scrutiny Committee

External Overview and Scrutiny Committee

Standards Committee

a)   Community & Resources Committee

Nominations were invited for the position of Chair of the Community & Resources Committee.

It was proposed by Councillor Hackett and seconded by Councillor Lock that Councillor Hurley be elected Chair of Community & Resources Committee.

It was proposed by Councillor Pennington and seconded by Councillor Laws that Councillor Dart be elected Chair of Community & Resources Committee.

Vote:   For Councillor Hurley         - 18

            For Councillor Dart              - 14

Resolved:

That Councillor Hurley be elected Chair of the Community & Resources Committee.

Nominations were invited for the position of Vice Chair of the Community & Resources Committee.

It was proposed by Councillor McGeough and seconded by Councillor Whittaker that Councillor Langmead be elected Vice Chair of Community & Resources Committee.

It was proposed by Councillor Pennington and seconded by Councillor Julian that Councillor Dart be elected Vice Chair of Community & Resources Committee.

Vote:   For Councillor Langmead  - 17

            For Councillor Dart              - 15

Resolved:

That Councillor Langmead be elected Vice Chair of the Community & Resources Committee.

To receive the report of the Senior Solicitor.

The Senior Solicitor presented the updated Scheme of Delegation and a tabled paper which served to highlight the minor changes which had been agreed throughout the year.  The Leader asked the Senior Solicitor to run through the changes.

Councillor Carroll  left the meeting at 19.13.

Further information was given by the Senior Solicitor on the locally agreed policies and procedures relating to the harbour.  He further clarified that officers had delegated authority to make and enforce policies but this could be changed to include the addition of “agreed by the Harbour Board”. 

It was proposed by Councillor Hackett, seconded by Councillor Watson and –

Resolved:

That the scheme of Delegation be approved.

(Vote: For 23, Against 4, Abstentions 4)

To receive the report of the Senior Solicitor.

The report, unchanged from last year, was presented by the Senior Solicitor.

It was proposed by Councillor Whittaker, seconded by Councillor Lock and –

Resolved:

That the Substitution Scheme be approved.

(Vote: For – unanimous)

To receive the report of the Senior Solicitor.

The Senior Solicitor presented the report, the purpose of which was to agree the Membership of Outside Bodies.

The list of Outside Bodies was discussed and it was noted that Westward Housing no longer wanted Local Authorities on the Board.

Councillor Pennington enquired whether a representative for the HoTSW should be included on the list.  Councillor Whittaker to make further enquiries and report back.

It was proposed by Councillor Whittaker, seconded by Councillor Langmead that agreement of Membership on Outside Bodies be delegated to Group Leaders.

Councillor Dezart declared that he was a Trustee of the Pollyfield Centre.

(Vote: For unanimous)

To receive the report of the Head of Paid Service.

The Head of Paid Service delivered the report on Lead Members drawing attention to the vacant Lead Member role for Democratic Support.

It was proposed by Councillor Dart and seconded by Councillor Davis that Councillor Julian be elected as Lead Member for Democratic Support.

It was proposed by Councillor Lock and seconded by Councillor Langmead that Councillor Hellyer be elected as Lead Member for Democratic Support.

Vote:   For Councillor Julian          - 16

            For Councillor Hellyer         - 15

Resolved:

That Councillor Julian be elected Lead Member for Democratic Support.

It was proposed by Councillor S Inch, seconded by Councillor Watson and –

Resolved:

That the Lead Member roles be approved as follows:

(Vote: For – unanimous)

To receive the report of the Strategic Manager (Resources)

Following the advertisement of the 2 vacant posts on the Overview & Scrutiny Committees, one on External and one on Internal, a panel comprising

Councillors Whittaker, Watson and Langmead and the Head of Paid Service had interviewed 3 candidates.  Although all 3 candidates had demonstrated the necessary skills, experience, enthusiasm and commitment required to fulfil the roles there were only 2 vacancies and the panel recommended:

That Mr Phillip Topham be appointed as Non-elected Representative to External Overview and Scrutiny Committee for a period of four years.

Mr Ian Rice be appointed as Non-elected Representative to Internal Overview and Scrutiny Committee for a period of four years.

It was proposed by Councillor Whittaker, seconded by Councillor Watson and –

Resolved:

That Mr Phillip Topham be appointed as Non-elected Representative to External Overview and Scrutiny Committee for a period of four years.

Mr Ian Rice be appointed as Non-elected Representative to Internal Overview and Scrutiny Committee for a period of four years.

(Vote: For – unanimous)

To receive the report of the Head of Paid Service

Members were advised that the indices for increases to Councillor allowances were set by an independent remuneration panel.  The figures in the report were in line with the pay award agreed for staff by NJC.  It was for Members to decide whether they wished to increase the Councillor Basic Allowance and the Councillor Special Responsibility Allowance by 2% as detailed in the report.

It was proposed by Councillor McGeough and seconded by Councillor Morrish that Councillor allowances be frozen.

It was proposed by Councillor Christie and seconded by Councillor Brenton that the Councillor Special Responsibility Allowance for Vice Chairs be withdrawn. 

The Leader of the Council commended the hard work that Vice Chairs put in both behind the scenes and at meetings; their support was invaluable.

Councillor Pennington put forward the motion that the Councillor Special Responsibility Allowance for Vice Chairs be withdrawn as long as the Councillor Basic Allowance be reduced by 2% also.  Councillor Pennington further sought clarification from the Senior Solicitor whether all Vice Chairs present should declare an interest and take no further part in the debate.  The Senior Solicitor responded that the agenda item was about the reimbursement of out of pocket expenses rather than income and as such did not constitute an interest, however the decision whether to be involved in the vote was down to the individual Member.

Councillor Pennington withdrew his motion, declared a prejudicial interest and left the room.

A vote was taken on the amendment proposed by Councillor Christie and seconded by Councillor Brenton that the Councillor Special Responsibility Allowance for Vice Chairs be withdrawn.

(Vote:  For 11, Against 15, Abstentions 4)

The motion was lost.

A vote was taken on the proposal by Councillor McGeough and seconded by Councillor Morrish that Councillor allowances be frozen.

(Vote: For 28, Against 1, Abstention 1)

Resolved:

1.                            That the Councillor Basic Allowance be frozen.

2.                            That the Councillor Special Responsibility Allowance be frozen.

Councillor Pennington returned to the room.

To receive a verbal update from the Chair of the Audit and Governance Committee.

The Council received a presentation from Councillor Hackett.  It outlined the purpose of the Audit & Governance Committee – to monitor and review the Council’s Risk Management framework and provide independent scrutiny of the Council’s financial and non-financial performance.  The Committee examined the authority’s exposure to risk and oversaw the financial reporting process.

Members were informed about the work carried out by internal and external auditors, the scheduled of audits for 2018/19 and the challenges faced.  Councillor Hackett advised that the work on the accounts was well underway and on target to producing draft annual accounts by the end of May.

Councillor Hackett concluded by extending his thanks to all Members of the Audit & Governance Committee, the Lead Officers and the external auditors.  He also welcomed Councillor Hellyer to the Committee.

The Chair thanked Councillor Hackett.

The annual report of the External Overview & Scrutiny Committee as appended to the agenda was taken as read and there were no further questions.

Members noted the report.

To receive the report of the Strategic Manager (Resources).

The Strategic Manager (Resources) introduced the report, the purpose of which was to consider the recommendations from Community and Resources Committee of 23 April 2018 to set aside in the Capital Programme £1.5m for strategic asset acquisitions.

The strategic objective to improve economic regeneration was identified in the report and the work that had been undertaken to date in developing the opportunities was set out together with the proposals for the next steps to progress them. 

The report recommended the creation of a single economic regeneration reserve to set aside resources to fund projects as they come forward and to set aside in the Capital Programme a sum of £1.5m.  

Questions on the report were invited and particular interest was shown with regard to how the spend would be monitored.  The Strategic Manager (Resources) responded that Lead Members, a Leadership Team and Programme Board were all in place which would enable Members to be involved throughout the process.

It was proposed by Councillor Lock, seconded by Councillor Whittaker and –

Resolved:

That:

a.)the Capital Programme by £1.5m be increased to progress with the strategy.

b.)The establishment and virements necessary to create the Economic Regeneration Reserve included in the report be approved.

(Vote: For – unanimous)

To receive the report of the Strategic Manager (Resources)

A joint presentation was given by the Strategic Manager (Resources) and the Property & Procurement Manager.

The Strategic Manager (Resources) introduced this item and gave a summary of the report, outlining the history to the building.   

The current progress, costs and draft options for developing the building were given by the Property and Procurement Manager.  

The following issues/concerns were raised and discussed:

·         That the building be sold with planning permission.  This was an option that could be put forward by Members as a recommendation.

·         Deterioration of the building.  Also if the building was sold there is a risk it would be left and not developed. It would then become an eyesore.

·         Long term benefits of the Council keeping and developing building, ie council tax

·         Option for the building as residential with a restaurant on the top floor.  Due to the layout of the building, this option would be very challenging.   The options outlined in the report are those that Officers consider to be achievable.   Other options had been looked at.

Councillor Christie proposed that this matter be further reviewed with a view to achieving a better scheme and a report be brought back to a future meeting of Full Council.  This motion was seconded by Councillor A Inch.

It was proposed by Councillor Hurley, seconded by Councillor Hackett that the building be sold as quickly as possible.

Following further discussion, Councillor Christie declared that he would only put forward his motion if the proposal to sell the building was lost.

It was proposed by Councillor McGeough, seconded by Councillor Christie that a recorded vote be taken.   More than five Members voted in favour of a recorded vote.

The votes for the motion to sell the building were recorded as follows:

(Vote:  For 15, Against 12, Abstentions 4)

The motion to market the property as quickly as possible was carried.

Members acknowledged the excellent work that had been carried out by the Property and Procurement Manager.

The Head of Paid Service responded to an enquiry in relation to the timescales for marketing the building.  She confirmed there had been no plans to market the building until a decision had been made at this meeting.   Advice would now be taken from the Agents.

To receive Petitions (if any)

There were no petitions.

There were no Notices of Motion.