Agenda and minutes

CM 1                                                              

Cllr D K A Sellis moved the appointment of Cllr D W Cloke as Mayor for the ensuing year and Cllr W G Cann OBE seconded the motion.

No other nominations were received and upon the motion being submitted to the meeting, it was declared to be CARRIED and “RESOLVED that Cllr D W Cloke be appointed Mayor for the ensuing year”.

The retiring Mayor and newly elected Mayor left the Council Chamber so that Cllr D W Cloke could be invested with the civic regalia.  The retiring Mayor also invested Mrs Cloke with the Mayoress’s Badge of Office.

Upon returning to the Council Chamber, the newly elected Mayor, Cllr D W Cloke, made the declaration of Acceptance of Office, signed the Register and addressed the Council.

Cllr D W Cloke then chaired the rest of the meeting.

Cllr R F D Sampson proposed a vote of thanks to the retiring Mayor.  The proposition was seconded by Cllr J R McInnes.

Cllr D W Cloke then invested Cllr C M Marsh and Cllr Mott (Cllr Marsh’s daughter) with the Past Mayor’s and her Consort’s Medallions.

The retiring Mayor, Cllr C M Marsh proceeded to address the meeting.

CM 2                                                              

The Mayor called for nominations for the position of Deputy Mayor.

One nomination was received as follows:

Cllr J Sheldon          proposed:     Cllr J B Moody                                                                             seconded:     Cllr P R Sanders

There being no other nominations, it was declared to be CARRIED and “RESOLVED that Cllr J Sheldon be appointed as Deputy Mayor for the ensuing year”.

The Deputy Mayor then made the Declaration of Acceptance of Office and signed the register and the Mayor invested Cllr J Sheldon with the Deputy Mayor’s Insignia. 

Cllr J Sheldon then addressed the Council.

CM 3                                                              

An apology for absence was received from Cllr R Cheadle.

Members are invited to declare any personal or disclosable pecuniary interests, including the nature and extent of such interests they may have in any items to be considered at this meeting.

            If Councillors have any questions relating to predetermination, bias or interests in items on this Summons, then please contact the Monitoring Officer in advance of the meeting.

CM 4                                                              

The Mayor invited Members to declare any interests in the items of business to be considered during the course of the meeting, but there were none made.

To approve and adopt as a correct record the Minutes of the Meetings of the Council held on:

(i)        17^th February 2015                                                                                       

(ii)       24^th February 2015      (Council Tax Resolution Panel)                                

(iii)       31^st March 2015 (Special Meeting)                                                             

CM 5                                                              

It was moved by Cllr P R Sanders, seconded by Cllr R E Baldwin and upon the motion being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Council agree the Minutes of the 17 February 2015, 24 February 2015 and 31 March 2015 meeting as a true record.”                    

CM 6                                                              

The Mayor had no communications to bring forward.

CM 7            

The Council considered a report that sought approval to agree the principle of how the roles and responsibilities should be divided between the two newly established Overview and Scrutiny Committees.

In discussion, reference was made to:-

(a)    the lack of prior notice.  Some Members expressed their concern that such an important report had not been published further in advance of this meeting;

(b)    the emphasis being on adding greater value to the Overview and Scrutiny function.  To help with the objective of adding value, Members felt that the recommendations would help to set the tone for a positive way forward for both the Overview and Scrutiny function and the new Council.

It was then moved by Cllr P R Sanders, seconded by Cllr R F D Sampson and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that, with immediate effect, the Council Constitution be amended to reflect that:

1.      Overview and Scrutiny Committee ‘A’ and Overview and Scrutiny Committee ‘B’ be known as the ‘Overview and Scrutiny (Internal) Committee’ and the ‘Overview and Scrutiny (External) Committee’ respectively, with the broad terms of reference (as outlined at Appendix A of the presented agenda report) being approved;

2.      wherever possible, the Audit Committee convene its meetings on the same day as the Overview and Scrutiny (External) Committee meetings are held, with the consequent minor adjustments to the Calendar of Meetings being made in consultation with the two Committee Chairmen; and

3.      the roles of the Audit Committee Chairman and either of the Overview and Scrutiny Committee Chairmen should not be allocated to the same Member.”

A copy of the Constitution can be found at www.westdevon.gov.uk/constitution

CM 8                                                              

It was moved by Cllr P R Sanders, seconded by Cllr R F D Sampson and upon the motion being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Council adopt the revised Constitution for the forthcoming year.”

(i)        Audit Committee

           Meeting held on 24^th February 2015                                                 

           Unstarred Minutes to agree

           Members are recommended to agree:

AC 36  Internal Audit – Revision of and progress against the 2014/15 Plan

Resolved to Recommend that the report together with Appendices A and B be adopted.

AC 37  Three Year Internal Audit Plan 2015/16 to 2017/18 and Annual Internal Audit Plan – 2015/16

Resolved to Recommend that:

1.    the three year Internal Audit Plan for the period 2015/2016 to 2017/2018 (Appendix A) be approved and adopted; and,

2.    the Annual Internal Audit Plan for 2015/2016 (Appendix C) be also approved and adopted.

AC 39     Treasury Management Strategy, Minimum Revenue Provision Policy and Annual Investment Strategy for 2015/16

RESOLVED to RECOMMEND that Council approves the:

(i)        prudential indicators and limits for 2015/2016 to 2017/2018 contained within Appendix A;

(ii)       Minimum Revenue Provision (MRP) Statement contained within Appendix A which sets the Council’s policy on MRP;

(iii)       Treasury Management Strategy 2015/2016 and the Treasury Prudential Indicators 2015/2016 to 2017/2018 contained within the Appendix B; and,

(iv)      Investment Strategy 2015/2016 contained within Appendix C and the detailed criteria included in Appendix D.

AC 40     Strategic Risk Assessment – 6 Monthly Update

Resolved to Recommend that the issues identified by the Committee and detailed in items (i) to (iii) below be considered by the Council:

(i)        External funding opportunity

In response to a question by the Chairman it was agreed that the possibility of selling advertising space on the Council’s web site would be investigated;

(ii)       in relation to risk FA06 (page 142 to the Agenda) the Committee suggested that opportunities to retain and to capitalise on assets be explored before considering the sale of such assets; and,

(iii)      in relation to risk T11 (page 151 to the Agenda) it was suggested that a full presentation on the T18 Programme be presented to all new Members of the Council following the local government elections in May 2015.

Meeting held on 28^th April 2015                                              

Unstarred Minutes to agree

Members are recommended to agree:

AC 44     Annual Review of Council’s Constitution

RESOLVED to RECOMMEND that:

(i)        the amendments to the West Devon Borough Council Constitutions 2015 (as summarised above and fully outlined on the Council’s web site) be approved and adopted;

(ii)       the Monitoring Officer be authorised to make further amendments to the Hub Committee and Overview & Scrutiny Committee functions and areas of responsibility in order to reflect the emerging T18 structure; and,

(iii)       the Environmental Health Community of Practice Lead/Divisional Environmental Health Officers/Customer First Group Managers be authorised to undertake matters under the Anti-Social, Crime and Policing Act 2014 as set out above.

(NOTE: the above item appears under Agendum 9 above).

AC 45    Internal Audit – Progress against the 2014/15 Plan

RESOLVED to RECOMMEND that:

(i)        both the report and the progress against the 2014/2015 Internal Audit Plan be noted; and,

(ii)       a report on the payment and recovery of over payments of housing benefits be presented to the Committee’s next meeting.  ...  view the full agenda text for item CM 9

CM 9                                                              

a.        Audit Committee – 24 February 2015

It was moved by Cllr D K A Sellis, seconded by Cllr J B Moody and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Minutes of the 24 February 2015 meeting be received and noted, with the exception of Unstarred Minutes AC 36, AC 37, AC 39 and AC 40”.

In respect of the Unstarred Minutes:

i.        AC 36 – Internal Audit – Revision of and Progress Against the 2014/15 Plan

It was moved by Cllr D K A Sellis, seconded by Cllr J B Moody and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the report and appendices A and B of the presented agenda report to the Committee be adopted.”

ii.      AC 37 – Three Year Internal Audit Plan 2015/16 to 2017/18 and Annual Internal Audit Plan – 2015/16

It was moved by Cllr D K A Sellis, seconded by Cllr J B Moody and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that:

1.      The three year Internal Audit Plan for the period 2015/16 to 2017/18 (Appendix A of the presented Committee agenda report refers) be approved and adopted; and

2.      The Annual Internal Audit Plan for 2015/16 (Appendix C of the presented Committee agenda report refers) be also approved and adopted.”

iii.     AC 39 – Treasury Management Strategy, Minimum Revenue Provision Policy and Annual Investment Strategy for 2015/16

Due to date constraints associated with this Unstarred Minute, it was noted that this matter had already been determined at the Special Council meeting on 31 March 2015 (Minute CM 94 refers).

iv.    AC 40 – Strategic Risk Assessment – Six Monthly Update

It was moved by Cllr D K A Sellis, seconded by Cllr J B Moody and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that:

1.    the possibility of selling advertising space on the Council’s website be investigated;

2.    in relation to risk FA06 (page 142 to the Audit Committee agenda refers), opportunities to retain and to capitalise on assets be explored before considering the sale of such assets; and

3.    in relation to risk T11 (page 151 to the Audit Committee agenda refers), a full presentation on the T18 Programme be presented to all newly elected Members following the local government elections in May 2015.” 

b.        Audit Committee – 28 April 2015

It was moved by Cllr D K A Sellis, seconded by Cllr J B Moody and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Minutes of the 28 April 2015 meeting be received and noted, with the exception of Unstarred Minutes AC 44 and AC 45”.

In respect of the Unstarred Minutes:

i.        AC 44 – Annual Review of Council’s Constitution

It was noted that the Constitution had been adopted earlier during this meeting (CM 8 above refers).

ii.      AC 45 –  ...  view the full minutes text for item CM 9

CM 10          

a.        Leader

It was moved by Cllr R E Baldwin, seconded by Cllr J R McInnes and upon the motion being submitted to the Meeting was declared to be CARRIED and “RESOLVED that Cllr P R Sanders be appointed Leader of the Council for the ensuing year.”

b.        Deputy Leader

It was moved by Cllr P R Sanders, seconded by Cllr D K A Sellis and upon the motion being submitted to the Meeting was declared to be CARRIED and “RESOLVED that Cllr R E Baldwin be appointed Deputy Leader of the Council for the ensuing year.”

CM 11                                                                                                                                       

Members noted the schedule of officially appointed political groups as follows:

-         21 Conservative Group Members; and

-         10 Independent Group Members.

Audit                                       5   Members + Named Substitutes

Hub                                         9 Members (to include Leader and Deputy Leader)

Overview & Scrutiny 1           11 Members

Overview & Scrutiny 2           11 Members

Planning & Licensing              10 Members + Named Substitutes

Standards                              9  Members

with all of the Borough Council Member appointments to the above Committees being politically balanced.

CM 12                                                                                                                                       

It was moved by Cllr P R Sanders, seconded by Cllr R F D Sampson and upon the motion being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Committee structure be as follows for the coming year:

Audit                                                5 Members;

Hub                                                  9 Members;

Overview & Scrutiny (Internal)      11 Members;

Overview & Scrutiny (External)     11 Members;

Planning & Licensing                     10 Members; and

Standards                                        9 Members

with all of the appointments to the above Committees being politically balanced”.

CM 13                                                                                                                                       

A list of appointments made to the Committees by the two political groups for the ensuing year had been circulated and were duly approved.  The Leaders of the two political groups were named as:

Conservative                                  Cllr P R Sanders

(Deputy: Cllr R E Baldwin)

Independent                        Cllr R F D Sampson

(Deputy: Cllr W G Cann OBE)

CM 14          

The following appointments were proposed by Cllr P R Sanders and seconded by Cllr R E Baldwin and when put to the vote were declared to be CARRIED:

-         Audit Committee:                                 Cllr M Davies (Chairman);

Cllr J B Moody (Vice Chairman)

-        Hub Committee:                                              Cllr P R Sanders (Chairman);

                                                                    Cllr R E Baldwin (Vice Chairman)

-        Overview & Scrutiny (Internal) Committee:  Cllr C R Musgrave (Chairman);

Cllr J Yelland (Vice Chairman)

-        Overview & Scrutiny (External) Committee: Cllr P J Ridgers (Chairman);

                                        Cllr D W Cloke (Vice Chairman)

-         Planning & Licensing Committee:     Cllr D K A Sellis (Chairman);

                                                                    Cllr M J R Benson (Vice Chairman)

-         Standards Committee:                       Cllr A F Leech (Chairman);

                                                                    Cllr J Sheldon (Vice Chairman)

CM 15            

Members considered a report which presented the Group Leader’s nominations to fill the vacancies on the list of Outside Bodies.

It was then proposed by Cllr P R Sanders, seconded by Cllr R F D Sampson and upon being submitted to the Meeting was declared to be CARRIED and ”RESOLVED that:

1.      The Council should be represented on the list of Outside Bodies as presented to the meeting;

2.      Appropriate representatives be appointed as this Council’s appointments to those Bodies for the 2015/16 Municipal Year and that           for the purposes of Members’ Allowances, attendance at meetings of      these Bodies be regarded as an approved duty; and

3.      Members appointed to Outside Bodies provide regular feedback and consultation on issues affecting the Bodies concerned”.

CM 16          

It was proposed by Cllr P R Sanders, seconded by Cllr R F D Sampson and upon being submitted to the Meeting was declared to be CARRIED and ”RESOLVED that the appointments be endorsed for the ensuing year”.

It was noted that the two Council representatives appointed to the Dartmoor National Park were:-

Cllr L J G Hockridge (Independent)

Cllr D E Moyse (Conservative)

(NOTE: These appointments formed part of the Political Balance Table.)

CM 18                                                                                                                                       

A copy of the documents signed by the Mayor during the period 5 February 2015 and 5 May 2015 was attached to the agenda (page 88 refers) and noted by the Meeting.

It was moved by Cllr R F D Sampson, seconded by Cllr P R Sanders and upon the motion being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Mayor and the Monitoring Officer (or deputies appointed by them) be authorised to witness the fixing of the seal on any documents for the forthcoming year”.