Agenda and minutes

For Councillors and Members of the Public Prior to the commencement of the Full Council meeting, for those who wish to do so, there will be a short period of reflection or prayer given by the appointed Mayoral Chaplain to which all are invited. For information.

Mr Burgess Upper Den Carriageway working group

Mr Burgess did not attend for the Public Participation.

In accordance with Minute 30, mobile phones be limited to personal use only (in case of emergencies) and in which case the Councillor is to leave the room to respond. Councillors must switch their mobile phones to silent during the meeting to avoid disruption.

Taken as read.

None this month.

Cllr Williams noted that she was impressed with the number of police officers that were present in the town during the airshow weekend.

Cllr Williams has requested that Cllr Cox emails over all Councillors and the Town Clerk his written report tomorrow.

Cllr Atkins explained that she has a TTCP (Teignmouth Town Centre Partnership) meeting tomorrow (10^th July 2024) and has been summoned as a group of all 6 Teignbridge District Council to discuss the decorative lights on the Sea Front in Teignmouth. Cllr Atkins will be doing a written report on how the meeting went and put it in the next full council meeting (September). Cllr Atkins has also agreed to send over a written report to Cllr Willaims with any progress that has been decided.

Cllr Myers gave a verbal update on her written report.

Cllr Williams gave permission to Cllr Jackson to do a verbal report. Cllr Jackson said how she is really pleased with the police presence with anti-social behaviour.

To receive, note and where requested, approve the reasons for apologies for absence.

An apology for absence was received from Councillor Walsh.

No apologies were received from Cllr Rudge.

Resolved that the apology be noted.

To declare any disclosable interests relating to the forthcoming items of business (if any).

Cllr Phipps declared Upper Den Carriage way interest in relation to minute number 14.  The Councillor advised they would address the meeting and then leave the room whilst the item was debated, and not take part in the vote.

Cllr Williams declared two points on the Finance Committee minutes in relation to minute number 16. This is in relation to the grants that have been agreed by the Finance Committee. This is in relation to the grant for Richard Newton Hall community association (Cllr Willaims is currently the secretary for them), and to the grant in relation to the Teign Drifters Walking Football team.

To receive and consider requests for dispensation (if any).

There were no dispensations.

To approve, sign and adopt the minutes of the Council meeting held on XXXX.

Members considered the minutes of the Council meeting held on 18^th June 2024.

Resolved that the minutes of the Council meeting held on 18^th June 2024 be approved and signed as a correct and accurate record of the meeting.

Proposed by Cllr Cox
Seconded by Cllr Jackman
Carried unanimously

The Clerk gave a verbal update to his report. The bat survey has come from regarding the Units at the bottom of Park Hill, and it came back to say that there are no bats. The planning application was resubmitted this afternoon.

Proposed by Cllr Atkins

Seconded by Cllr Jackman

Carried unanimously
(Cllr Phipps and Cllr Cox refrained from voting as they declared an interest)

To receive the minutes of the Assets & Facilities Meeting of 17^th 2024 and approve the actions therein.

Members considered the minutes of the Assets and Facilities committee meeting held on 17^th June 2024.

Resolved that the minutes of the Assets and Facilities meeting held on 17^th June 2024 be approved and signed as a correct and accurate record of the meeting.

Proposed by Cllr Atkins
Seconded by Cllr Myers
Carried unanimously

To receive the minutes of the Finance Meeting of 25^th June 2024 and approve the actions therein

Members considered the minutes of the Finance Committee meeting held on 25^th June 2024.

Resolved that the minutes of the Finance Committee meeting held on 25^th June 2024 be approved and signed as a correct and accurate record of the meeting.

Cllr Willams proposes to make an amendment to the Finance Committee meeting regarding the grant application to the Air Show. The proposal that was put forward to reward them £1,500 and have the price of the toilets to £500. Give them £1,500 as a grant and then £500 in kind totalling up to their £2,000 grant.
The proposal was seconded by Cllr Myers
The proposal was 5 for, 3 against and 2 abstentions.

Minutes from the Finance Committee held on the 25^th June to be approved with the amendment made by Cllr Willams.

Council is recommended to resolve:

To vire unspent monies of £3,000:-

From 240-4220 (Events - Armed Forces Day)

To 110-4090 (Civic & Democratic - Professional fees)

This to fund the above engagement of Breakthrough Communications to Take the council through the creation of its communications strategy.

Members considered the action of the Objectives & Strategy working group and Virement of the Budget meeting.

Resolved that the actions of the Objectives & Strategy working group are approved.

Proposed by Cllr Myers
Seconded by Cllr Llyod
Carried unanimously

Recent legal advice received regarding liabilities.

With a recorded vote of the noting please.

Original email of concern

Dear All,
I’m sure some of you think that I’m making a noise just to make trouble, which is not true.  However, I am advising you all that we are all personally jointly and severally liable for any losses that the Council makes or the mis-management of public funds.
I cannot impress upon you how important this is.
They will come after your houses and any assets you own if there is any evidence of the mis-management of public funds.
This is my final attempt to inform you all of how serious this issue is.
Please come at 5pm on Tuesday to discuss the matter before the Parish meeting.
Kind regards, Penny

Legal advice sought and received

Could you please comment and or clarify the veracity of what penny has said please?

In principle, whilst there is an element of truth to what Penny says, I don’t think it is entirely accurate. In very broad terms:

• Most claims would be brought against the council itself and individual councillors are not generally liable for decisions taken by the council as a whole

• This is not an absolute bar to claims against individual councillors, but such claims would only generally lie where councillors act outside of the council’s powers or go beyond their authority from the council or otherwise act in bad faith or negligently (or, where relevant, where a councillor is acting on an outside body to which they have been appointed by the council). In cases where councillors act within the council’s powers in good faith and without negligence, they would be covered by statutory immunity from civil liability even if the council ends up making a loss. Councillors of course have the benefit of a clerk to ensure they don’t act outside of the council’s powers so, if they follow the clerk’s advice, the chances of a claim should be exceedingly small.

• If a concern, the risk can be addressed by:

9 Cllrs have read and taken note of what has been said regarding the legal advice. One Cllr abstained.