Agenda and minutes

To receive apologies for absence from the meeting

Apologies were received from Councillor Boundy and Councillor Brenton.

Nominations were invited for Chair of the Council.

It was proposed by Councillor Whittaker and seconded by Councillor Le Maistre that Councillor Himan be elected Chair of the Council.

It was proposed by Councillor Christie and seconded by Councillor Pennington that Councillor Hicks be elected Chair of the Council.

Resolved:

That Councillor Himan be elected Chair of the Council for the ensuing year.

(Vote: Councillor Himan – For 21, Abstentions 8)

Councillor Himan 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 T Inch and seconded by Councillor Le Maistre that Councillor S Inch be elected Vice Chair of the Council.

It was proposed by Councillor Davis and seconded by Councillor Brown that Councillor Hicks be elected Vice Chair of the Council.

Resolved:

That Councillor S Inch is elected Vice Chair of the Council for the ensuing year.

(Vote: Councillor Inch – For 19, Abstentions 8)

Councillor S Inch read and signed the acceptance of Office.

The newly elected Chair thanked the outgoing Chair for his hard work throughout the year.  The outgoing Chair replied, wishing the newly elected Chair well and urging all Members to give him their support.

Confirmation of the Minutes of the Meeting of the Council (Budget Special) held on 27 February 2017.

Confirmation of the Minutes of the Meeting of the Council held on 6 March 2017.

The minutes of the meeting of the Council (Budget Special) held on 27 February 2017 were presented.

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

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

(Vote: For 29,  Abstentions 4)   

Matters arising

Minute no. 87           It was noted that Mrs Brenton was expecting a response                                in relation to the costs involved in the investigation.

Minute no. 92           The Planning Manager advised that he would investigate                             further and provide an answer as to whether the historic                                 parish of Hollacombe was included in Winkleigh Civil                                        Parish.

The minutes of the meeting of the Council held on 6 March 2017 were presented.  The Chair proposed that the Part II section of the minutes be considered separately to allow for further discussion should this be required.

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

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

(Vote: For 31,  Abstentions 2)   

Matters arising

Minute no. 99           The Leader of the Council confirmed that the letter had                                  been sent to Geoffrey Cox and that the reply would be                              circulated.

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

Resolved:  That the Part II section of the minutes be confirmed as a correct record and signed by the Chair.

(Vote: For 30, Abstentions 2)

15 minute period for public contributions

Mr John Emms addressed the meeting and sought an update, to include timescales, in relation to the development of Brunswick Wharf and the Tantons Hotel.

The Chair explained that, under the public participation scheme, no response would be given during the meeting.  However, a written reply would be provided.

Mr Emms confirmed that he would like to receive a written response.

The Chair presented Certificates In Leadership In Modern Local Government to the Senior Solicitor and the Strategic Manager (Resources).

The Chair reminded Members about the Corporate Peer Challenge feedback meeting to be held on 22 May.

The Senior Solicitor was asked to give details about the course. He explained that the course comprised 12 modules covering various aspects of leadership and business management.  It had proved to be a very useful experience with the opportunity to network with other local authorities and CEOs.

Prior to the meeting, Councillor Christie had submitted a question about a proposed new Primary “Free School” in Bideford West, as reported in the press.  He sought assurance that this was not the new school planned on the Winsford site. 

The written question was circulated together with the written response stating that DCC Education had advised that there had been “a successful bid to the Free Schools Programme for delivery of a new 420 primary school & nursery to serve development in the west of Bideford.”   The location of the new provision had not yet been decided.  Winsford Park was one possible site option for the new school, however DCC were continuing to explore all site options within the area as early delivery of the new school was key.

Councillor S Inch enquired about the extent of detail to be discussed in order that he might make a declaration of interest if so required.

Councillor Christie replied that he did not feel it would impinge on Councillor Inch as he believed the Winsford Park site was subject to a S106 obligation and, as such, came  under Torridge District Council and not Devon County Council.

Councillor Morrish declared a prejudicial interest as his employer acted on behalf of the owners of the Winsford site.  Councillor Morrish left the room and took no further part in the discussion.

The Planning Manager confirmed the S106 obligation at Winsford Park but added that a site south of Clovelly Road was also being considered.  Furthermore, he acknowledged the need for a further school in the area.

Councillor Christie reinforced the need for Torridge to be involved in the negotiations.

Councillor Morrish returned to the room.

Nominations were invited for Leader of the Council.

It was proposed by Councillor Langmead, seconded by Councillor Lock that Councillor Whittaker be elected Leader of the Council.

Resolved:

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

(Vote:  For - unanimous)

Nominations were invited for Deputy Leader of the Council.

It was proposed by Councillor Whittaker, seconded by Councillor Hackett that Councillor Hurley be elected Deputy Leader of the Council.

Resolved:

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

(Vote:  For - unanimous)

To receive the report of the Senior Solicitor.

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 T 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.  He added that there was currently one vacancy which was to be filled by election on 8 June 2017.  A further report would be provided to Full Council on 26 June. 

A discussion took place regarding recent changes and further pending changes which may effect the political balance.

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

Resolved:

That existing committee members remain in place until the next meeting of the Council and, in the interim, further discussions would take place between Group Leaders and the Senior Solicitor.

(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 Whittaker, seconded by Councillor Watson 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)

Councillor Eastman left the meeting.

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 Whittaker and seconded by Councillor Watson that Councillor Morrish be elected Chair of Community & Resources Committee.

Resolved:

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

(Vote:  For - unanimous)

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

It was proposed by Councillor Whittaker, seconded by Councillor Carroll that        Councillor Hurley be elected Vice Chair of Community & Resources Committee.

Resolved:

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

(Vote:  For 32, Abstentions 1)

To receive the report of the Senior Solicitor.

The Council’s Scheme of Delegation was presented. 

It was proposed by Councillor Whittaker and seconded by Councillor Morrish that the Scheme of Delegation be deferred to the next meeting of the Council.   The Senior Solicitor gave advice that the Scheme of Delegation could not be deferred and he suggested the Scheme be approved and brought back with amendments to the next meeting of the Council.

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

Resolved:

That Scheme be approved and brought back with amendments to the next meeting of the Council.

(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 the Substitution Scheme each year.  In addition this year, the Standards Committee  had recommended that substitutes be allowed, provided the member had undertaken the relevant training.

A discussion took place about committee membership, substitutions and the role of the scrutiny committees.  The view was aired that Internal Overview & Scrutiny should be the exception to the substitution scheme.

The Senior Solicitor explained that the scheme served to safeguard interests and to manage risk.

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

Resolved:

That the Scheme be approved and brought back to the next meeting of the Council.

(Vote: For 29, Against 3)

To receive the report of the Senior Solicitor.

The Leader of the Council stated that the Membership of Outside Bodies report had been discussed and it had been agreed that it could be delegated to Group Leaders.

A discussion arose and concerns were expressed that Councillors had had little or no contact with many of the outside bodies.  The Leader of the Council proposed that she and the Deputy Leader would review and update the list.

It was proposed by Councillor Whittaker, seconded by Councillor Le Maistre and –

Resolved:

That the agreement of the Membership of Outside Bodies be delegated to Group Leaders.

(Vote: For – unanimous)

To receive the report of the Head of Paid Service.

The Head of Paid Service introduced the report, adding that there were the following vacancies:

Lead Member for the Environment

Lead Member for the Economy

Health & Well Being

Councillor Whittaker indicated that Lead Member roles had been discussed at the meeting of the Group Leaders and acknowledged that there had been changes since.

Members discussed Devon County Councillors taking on extra work as Lead Members for the District.

The roles of Lead Member for Housing and the Lead Member for Health & Well Being were discussed in more detail. 

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

Resolved:

That the Lead Member roles be approved; Lead Members be appointed as follows and that the Lead Member for Housing be voted on separately.

(Vote: For – unanimous)

It was proposed by Councillor Christie and seconded by Councillor Pennington that Councillor Simmons be elected as Lead Member for Housing.

It was proposed by Councillor Hackett and seconded by Councillor Morrish that Councillor A Inch be elected as Lead Member for Housing.

It was proposed by Councillor Wiseman and seconded by Councillor Christie that a straight vote be taken.

(Vote:  Councillor Simmons – For 15

            Councillor A Inch – For 14)

Resolved:

That Councillor Simmons be elected Lead Member for Housing.

To receive the report of the Planning Manager.

The Planning Manager presented the report with the recommendation that Welcombe Civil Parish be designated as a Neighbourhood Area in accordance with Section 61G of the Town and Country Planning Act 1990, as amended.

The Ward Member endorsed the recommendation. 

It was proposed by Councillor Dart, seconded by Councillor Christie and –

Resolved:

That Welcombe Civil Parish is designated as a Neighbourhood Area in accordance with Section 61G of the Town and Country Planning Act 1990, as amended.

(Vote: For – unanimous)

The report was noted.

To receive Petitions (if any)

There were no petitions.

Written Notice of Motion from Councillors Watson, Hackett and James

With the Northern Devon Healthcare Trust announcing the temporary closure of in patient beds in Holsworthy Hospital in March, the Council is asked to support the endeavours of Councillors Peter Watson, Philip Hackett and Ken James who have been involved in holding regular meetings with the Trust since the publication of the consultation document regarding Care Closer to Home in the Autumn 2015. The councillors are keen to have recognised that Holsworthy Hospital is for a much wider community than just the residents of the town itself, and by working together with a holistic approach the best patient care outcomes can be achieved.

As the in patient beds in Holsworthy Hospital have currently been withdrawn, they appreciate that a "different conversation" is needed with the Trust as a confrontational approach is not going to achieve the best provision of healthcare to local residents. For this reason the three councillors wish to reach out to local Town and Parish Councils and other representative partners which depend on the services of Holsworthy Hospital, and invite them to become part of a forum led by the District Councillors which will continue the dialogue with the Trust in the future.

This dialogue has in the past included holding regular meetings with the Chief Executive, Alison Diamond and her team, in addition to attending NHS AGM meetings and other consultation meetings with stakeholders throughout the area of Devon. As the District Councillors have worked on this issue since the future of in patient services was called in to question, and also represent a large rural area surrounding Holsworthy town, which greatly depends upon an integrated provision of both in patient and domiciliary care, they have accrued evidence from both healthcare professionals (including doctors) and local residents, which they can present in their dialogue with the Trust.

With the support of this motion, the councillors wish to both lead, draw together, and include all sections of the community in order that they can achieve the best possible appropriate care for patients under the Care Closer to Home policy and, if possible, restore the in patient beds to Holsworthy Hospital.

Councillors Hackett, Watson and James withdrew the notice of motion.