Members observed a minute’s silence as a mark of respect in memory of the following members of the Rifles who had lost their lives in Afghanistan: Lieutenant Daniel Clack (12 August 2011), Corporal Mark Palin (18 July 2011), Rifleman Martin Lamb (5 June 2011) and Colour Sergeant Kevin Fortuna (23 May 2011).  The Chairman’s Chaplain then opened the meeting with a prayer.

Apologies for absence were received from Councillors Hytche, Richards and Stockman.

Apologies for absence were received from Councillors Bent, Ellery, Hytche, Richards, Stocks and Stockman for the adjourned meeting.

To confirm as a correct record the minutes of the meeting of the Council held on 13 July 2011 and the adjourned meeting held on 14 July 2011.

The Minutes of the meeting of the Council held on 13 July 2011 and the adjourned meeting held on 14 July 2011 were confirmed as a correct record and signed by the Chairman.

The following personal interests were declared:

Caroline Taylor and Clare Tanner declared a personal interest in respect of Minute 321.

To receive any communications or announcements from the Chairman, the Mayor, the Overview and Scrutiny Co-ordinator or the Chief Executive.

(Note:  As part of this item the Council will receive the South West Charter Plus for Member Development award from Bryony Holden, Chief Executive of South West Councils.)

The Chairman:

(a)       encouraged people to attend the Civic Church Service on Sunday, 9 October 2011 at 11.00 a.m. at the Parish Church of St Mary the Virgin, Churston Ferrers; and

(b)       welcomed Bryony Holden, Chief Executive of South West Councils, who presented the Council with its award for achieving the South West Charter Plus for Member Development;

The Mayor:

thanked all Members for their cross party support for the South Devon Link Road and support for additional resources being invested in Children’s Services.

To answer any questions asked under Standing Order A13.

Members received a paper detailing the questions, as attached to these Minutes, notice of which had been given in accordance with Standing Order A13.

Supplementary questions were asked and answered by Councillor Thomas D (questions 2, 8 and 11), Councillor Excell (questions 3, 4 and 9), Councillor Tyerman (question 5), Councillor Pritchard (question 7) and Mayor Oliver (questions 6 and 10).

That Torbay Council supports Barnado’s campaign to cut children free from sexual exploitation and will work to ensure that the local authority takes the necessary steps to tackle the risk of this abuse.  The Council will work with all parties to achieve this, particularly the Children’s Society who have recently received funding to tackle this issue in Torbay.

Submitted by Councillors Lewis and Faulkner (J)

Members considered a motion in relation to safeguarding young people in Torbay, notice of which was given in accordance with Standing Order A14.

It was proposed by Councillor Lewis and seconded by Councillor Faulkner (J):

that Torbay Council supports Barnado’s campaign to cut children free from sexual exploitation and will work to ensure that the local authority takes the necessary steps to tackle the risk of this abuse.  The Council will work with all parties to achieve this, particularly the Children’s Society who have recently received funding to tackle this issue in Torbay.

In accordance with Standing Order A14.3(b), the Chairman advised that the motion stood referred to the Mayor.  The Mayor considered the recommendation of the Council set out above at the meeting and the record of his decision is attached to these Minutes.

That Torbay Council rejects totally the government’s plans to implement a badger cull from 2012. In view of its stance, Torbay Council requires that the killing of badgers is prohibited on all land that is under the protection of the TorbayCoast and Countryside Trust. Furthermore, Torbay Council is completely opposed to any pilot cull taking place in the South West.

Torbay Council’s position is supported by the overwhelming consensus that there is no scientific basis for the culling of badgers as planned, and, therefore, as required by the coalition’s own undertaking to “introduce a carefully managed and science-led policy of badger control in areas with high and persistent levels of bovine tuberculosis”. For example:

the government’s own advisor, Natural England has stated that the cull will have a drastic effect on badger populations (up to 95% of badgers may be wiped out). Furthermore, Natural England has said that it has a ‘low level of confidence’ that the cull will be effective in reducing TB in cattle;

Lord Krebs, scientific advisor, has said that the latest round of randomised badger culling trials has provided evidence that ‘if you cull intensively for at least four years, you will have a net benefit of reducing TB in cattle of between 12 to 16 per cent. So you leave 85 per cent of the problem still there…It does not seem an effective way of controlling the disease’, and

the RSPB has said that ‘Allowing the shooting of free-ranging badgers is an untested and dangerous move. It has no place in a science-led policy. Rather than solving the problem, it risks making matters worse by disrupting (badgers’) social structures leading them to spread to new areas. We will not be culling badgers on our nature reserves. Licensing the shooting of one of our best loved native species is likely to generate considerable public opposition’.

In taking this step, Torbay Council is supporting the anti-cull stance of our MP, Adrian Sanders.

Submitted by Councillors Parrott and Doggett 

The Council considered a motion in relation to the Government inspired badger cull, notice of which was given in accordance with Standing Order A14.

It was proposed by Councillor Parrott and seconded by Councillor Doggett:

that Torbay Council rejects totally the government’s plans to implement a badger cull from 2012. In view of its stance, Torbay Council requires that the killing of badgers is prohibited on all land that is under the protection of the Torbay Coast and Countryside Trust. Furthermore, Torbay Council is completely opposed to any pilot cull taking place in the South West.

Torbay Council’s position is supported by the overwhelming consensus that there is no scientific basis for the culling of badgers as planned, and, therefore, as required by the coalition’s own undertaking to “introduce a carefully managed and science-led policy of badger control in areas with high and persistent levels of bovine tuberculosis”. For example:

the government’s own advisor, Natural England has stated that the cull will have a drastic effect on badger populations (up to 95% of badgers may be wiped out). Furthermore, Natural England has said that it has a ‘low level of confidence’ that the cull will be effective in reducing TB in cattle;

Lord Krebs, scientific advisor, has said that the latest round of randomised badger culling trials has provided evidence that ‘if you cull intensively for at least four years, you will have a net benefit of reducing TB in cattle of between 12 to 16 per cent. So you leave 85 per cent of the problem still there…It does not seem an effective way of controlling the disease’, and

the RSPB has said that ‘Allowing the shooting of free-ranging badgers is an untested and dangerous move. It has no place in a science-led policy. Rather than solving the problem, it risks making matters worse by disrupting (badgers’) social structures leading them to spread to new areas. We will not be culling badgers on our nature reserves. Licensing the shooting of one of our best loved native species is likely to generate considerable public opposition’.

In taking this step, Torbay Council is supporting the anti-cull stance of our MP, Adrian Sanders.

In accordance with Standing Order A14.3(b), the Chairman advised that the motion stood referred to the Mayor.  The Mayor informed the Council that he would defer his decision on the motion to allow the matter to be examined further.

(Note: prior to consideration of the item in Minute 302, Councillor Doggett declared his interest.)

That the Council notes that the Irish government has moved to reduce VAT on hotel accommodation and food to 9% for at least 18 months from 1 July 2011; recognises that EU rules allow such a sectorally-targeted VAT reduction to support tourism; observes that Germany reduced VAT in hotels from 19% to 7% in January 2010 with successful results; recalls that France reduced VAT on restaurant meals from 19.6% to 5.5% from July 2009 saving businesses and creating jobs; further recognises that such targeted VAT reductions to help employment and private sector growth are also compatible with the deficit reduction programmes being pursued by the governments who have introduced them; calls on the Government to introduce such a measure to help the tourism sector and consumers in the UK; and points out that the International Monetary Fund has said that the Government should consider some tax cuts to stimulate economic activity.

Such tax break could significantly boost Torbay’s tourism industry and help 2012 be a ‘year of tourism’.

Submitted by Councillors Richards and Stringer

Members considered a motion in relation to cutting tourism VAT, notice of which was received in accordance with Standing Order A14.

It was proposed by Councillor McPhail (in the absence of Councillor Richards) and seconded by Councillor Stringer:

that the Council notes that the Irish government has moved to reduce VAT on hotel accommodation and food to 9% for at least 18 months from 1 July 2011; recognises that EU rules allow such a sectorally-targeted VAT reduction to support tourism; observes that Germany reduced VAT in hotels from 19% to 7% in January 2010 with successful results; recalls that France reduced VAT on restaurant meals from 19.6% to 5.5% from July 2009 saving businesses and creating jobs; further recognises that such targeted VAT reductions to help employment and private sector growth are also compatible with the deficit reduction programmes being pursued by the governments who have introduced them; calls on the Government to introduce such a measure to help the tourism sector and consumers in the UK; and points out that the International Monetary Fund has said that the Government should consider some tax cuts to stimulate economic activity.

Such tax break could significantly boost Torbay’s tourism industry and help 2012 be a ‘year of tourism’.

In accordance with Standing Order A14.3(b), the Chairman advised that the motion stood referred to the Mayor.  The Mayor considered the recommendation of the Council as set out above at the meeting and the record of his decision is attached to these Minutes.

This Council wishes to express deep concerns about the possibility of an Elected Police Commissioner having control over policing in Torbay.

These include the change in responsibility for policing from the current ‘board’ to a single person, and the loss of accountability that would accompany that change, and the financial costs involved with making such a change at a time of great economic hardship where the money would be far better spent keeping some existing services such as front-line policing.  Indeed current figures indicate an unnecessary expenditure of at least £100 Million which could be better used to employ over 2,000 police officers.  And in light of the above concerns this Council resolves to instruct the Chief Executive to write to the Home Secretary highlighting this Authority’s concerns.

Submitted by Councillors Baldrey and Faulkner (A)

In accordance with Standing Order A14.2(c) Councillors Baldrey and Faulkner (Mr A) have given notice, in writing, that they wish the notice of motion regarding the Elected Police Commissioner to be withdrawn.

The Council made the following recommendations to the Mayor, which were considered at the meeting.  The Mayor’s Record of Decisions, which also includes further information on each decision, are attached to these Minutes.

To consider the attached report setting out the Business Plan for the Torbay Economic Development Agency for 2011/12.

It was proposed by Councillor Tyerman and seconded by Councillor Thomas (D):

that the Mayor be recommended that, subject to the Commissioner of Place and Environment having delegated authority to approve any minor amendments in consultation with the Mayor, the Torbay Economic Development Company Ltd (TDA) Business Plan 2011-2012, set out at Appendix 1 to the submitted report be approved.

On being put to the vote, the motion was declared carried (unanimous).

The Mayor considered the recommendation of the Council as set out above at the meeting and the record of his decision is attached to these Minutes.

(Note:  prior to consideration of Minute 305a, Councillors Faulkner (A), Thomas (D) and Tyerman declared their personal interests.)

To consider the attached report and any recommendations from the Harbour Committee on a proposal to lease part of the sea bed off Tor Bay to enable the sinking of a ship to become a local tourist attraction.

It was proposed by Councillor Ellery and seconded by Councillor Baldrey:

(i)         that, subject to (ii) below, the Mayor be recommended to authorise the Head of Commercial Services, in consultation with the Chief Executive of the Torbay Development Agency and the Executive Head of Tor Bay Harbour Authority, to accept a 125-year lease for part of the seabed from the Crown Estate on acceptable terms, and that, in determining the acceptable terms, the Mayor is recommended to seek further legal advice as to the level of the Council’s risk exposure;

(ii)        that the Mayor be recommended to authorise the Head of Commercial Services, in consultation with the Chief Executive of the Torbay Development Agency and the Executive Head of Tor Bay Harbour Authority, to grant a sub-lease (and if considered appropriate an agreement for that lease) for part of the seabed to a local charitable organisation on acceptable terms;

(iii)       that the Mayor be recommended to authorise the Head of Commercial Services, in consultation with the Executive Head of Tor Bay Harbour Authority and the Chief Executive of Torbay Development Agency, to enter into such other legal documentation on acceptable terms as deemed necessary; and

(iv)       that the exact position of the sinking of any vessel within Tor Bay Harbour limits will be determined by the Executive Head of Tor Bay Harbour Authority in his capacity as Harbour Master, following consultation with harbour users and the Harbour Committee.

On being put to the vote, the motion was declared carried.

The Mayor considered the recommendation of the Council in (i) to (iv) above at the meeting and the record of his decision is attached to these Minutes.

(Note:  prior to consideration of Minute 305b, Councillor Baldrey declared his interest.)

To note the attached 2010/2011 Annual Parking Report in line with governance arrangements.

The Council noted the annual parking report for 2010/2011 as set out in the submitted report.

To note the attached report* on the revenue budget monitoring for 2011/12.

The Council noted the current projected outturn for the Revenue Budget 2011/2012 based on quarter 1 information, as set out in the submitted report.

To consider the recommendations of the Overview and Scrutiny Board on the call-in of the above decision taken by the Mayor on 13 July 2011 and to consider making recommendations to the Mayor.

The Council considered the recommendations of the Overview and Scrutiny Board following the call-in of the Mayor’s decision regarding the options for future delivery of tourism, marketing and events support as set out in the submitted report.

It was proposed by Councillor Thomas (J) and seconded by Councillor Darling:

That the Mayor be recommended:

(i)         that any options review is not conducted until 2014 as this will coincide with the need to refresh our Tourism Strategy, Turing the Tide for Tourism in Torbay 2010 – 2015;

(ii)        working with key events organisations in the Bay the Mayor immediately creates an Events & Marketing Forum with the objective of generating far greater integration and coordination of tourism marketing (including business tourism activities) and events activity.  In recognition of the financial support the Council provides to the English Riviera Tourism Company and Riviera International Conference Centre they would be expected to play a leading role in the forum and delivering its objectives; and

(iii)       the English Riviera Tourism Company and Riviera International Conference Centre are challenged to increase their collaborative working to reduce duplication, increase economies of scale and improve the product that both organisations are able to offer.  Without creating a target or ceiling to the efficiencies that can be created they should be challenged to create identifiable efficiency savings within one year in a manner that at least maintains the outcomes they create and ideally improves them.  Then they should create a business plan to demonstrate how they can continue to create efficiencies to reduce public subsidy and improve outcomes for the Bay in years to come.

On being put to the vote, the motion was declared carried (unanimous).

The Mayor considered the recommendation of the Council set out in (i) to (iii) above at the meeting and the record of his decision is attached to these Minutes.

(Note:  prior to consideration of Minute 308, the Vice-Chairman, Councillor Stringer declared a personal interest as a Board Member.)

To consider the submitted report on the above.

The Council received a report on a proposal to invest £250,000 from reserves over two years to increase tourism inward investment and marking activity to help improve visitor numbers and spending in line with the Council’s objectives.

It was proposed by Councillor Excell and seconded by the Vice-Chairman, Councillor Stringer:

(i)         that £250,000 be released from reserves over two years to support the key areas of tourism, maritime event and inward investment marketing; and

(ii)        that the Chief Executive of the Torbay Development Agency be instructed to identify appropriate delivery options for the marketing spend.

On being put to the vote, the motion was declared carried.

To consider the submitted report on options regarding the refurbishment of Princess Promenade.

The Council considered a report on a proposal to provide an immediate solution to repair the ‘banjo’ and the eastern section of Princess Parade, Torquay, which would enable the closed sections to be re-opened as soon as possible.

With the agreement of the meeting in accordance Standing Order A16.8(a) it was proposed by the Mayor and seconded by Councillor Ellery:

(i)         that tenders be invited and a contract be let to carry out repairs to the eastern promenade and the banjo.  The first contract to commence in early 2012 with a break in the summer of 2012 with no works carried out in June, July and August and will be completed by the end of 2012;

(ii)        that the capital programme for 2011/12 be amended to provide £800,000 to carry out the first phase of repairs to the promenade and upper level of the Banjo to be opened for the Summer of 2012;

(iii)       that the capital programme for 2012/13 be amended to provide £2.15 million to fund the second phase under a second contract which will not be entered into until April 2012; and

(iv)       that, subject to alternative capital resources being identified, the project is funded from prudential borrowing to be financed from the Council’s revenue budget.  The financial implications to be reflected in future year revenue budgets.

An amendment was proposed by Councillor Darling and seconded by Councillor Baldrey:

(i)         that tenders be invited and a contract be let to carry out repairs to the eastern promenade and the banjo.  The contract to commence in early 2012 with a break in the summer of 2012 with no works carried out in June, July and August and will be completed by the end of 2012;

(ii)        that the capital programme for 2011/12 be amended to provide £800,000 to carry out the first phase of repairs to the promenade and upper level of the banjo to be opened for the Summer of 2012;

(iii)       that the capital programme for 2012/13 be amended to provide £2.15 million to fund the second phase of the repairs to the eastern promenade and banjo to secure its long term future;

(iv)       that the Chief Executive of the Torbay Development Agency be requested to secure firm proposals from the private sector, without prejudice, to repair and improve the banjo and for such works to dove-tail with the Council funded repairs to the eastern promenade, and to provide a briefing to Members prior to formal consideration at the Council meeting on 1 February 2012;

(v)        that no tenders for the second phase be sought until after the Council meeting referred to in (iv) above;

(vi)       that, subject to alternative capital resources being identified, the project is funded from prudential borrowing to be financed from the Council’s revenue budget.  The financial implications to be reflected in future year revenue budgets; and

(vii)      that the Commissioner of Place and Environment, in consultation with the Mayor, Group Leaders and the Chief Executive  ...  view the full minutes text for item 310.

To consider the attached report on the creation of the above Business Improvement District.

The Council received a report on a proposal to create a Business Improvement District within Brixham town centre and the Babbacombe and St Marychurch district of Torquay, to facilitate high profile events, better co-ordinated marketing, environmental improvements (such as street cleaning) and increased security.

It was proposed by Councillor Pritchard and seconded by Councillor Faulkner (A):

(i)         that a ballot of businesses within the prescribed areas in Brixham town centre and the Babbacombe and St Marychurch district of Torquay to assess the wish to establish a Business Improvement District; and

(ii)        that the Deputy Chief Executive, in consultation with the Mayor and Group Leaders, be nominated to cast the Council vote.

On being put to the vote, the motion was declared carried.

(Note:  prior to consideration of Minute 311, the Mayor declared his personal interest.)

To consider the submitted report on the above.

The Council received a report on a proposal in response to the need to generate income to help offset the impact of budget savings within the Spatial Planning Team and to better recover the costs of providing a high quality Spatial Planning Service.  There would be in interim charging policy for six months with a view to developing a comprehensive charging schedule which would be effective from April 2012.

It was proposed by Councillor Thomas (D) and seconded by Councillor McPhail:

(i)         that Torbay Council implements the interim charging schedule set out in paragraph A1.7 of the submitted report, with effect from 1 November 2011 to 31 March 2012 at the latest; and

(ii)        that Torbay Council develops, over the next 6 months, a comprehensive charging schedule for pre-application advice, based on the charging schedule set out in paragraph A1.9 of the submitted report and the further risks / opportunities to be explored. 

On being put to the vote, the motion was declared carried.

To consider the submitted report on the above.

The Council received a report on a proposal to charge for waste rubble and vehicle tyres which were previously accepted free of charge in line with a similar scheme introduced by Devon County Council on 1 April 2011.

It was proposed by Councillor Thomas (D) and seconded by Councillor Morey:

(i)         that Torbay Council implements a charging system for waste material associated with rubble and for vehicle tyres at the Paignton Household Waste Recycling Centre, six weeks after approval by the Council, as follows (Charges are inclusive of VAT):

1.      Soil, rubble, ceramics, paving slabs, bricks,

building blocks etc                                                          £2 per bag *

2.      Asbestos (a 6’ x 3’ sheet) or a bag *                            £20

3.      Plasterboard (a 8’ x 3’ sheet) or a bag *                      £7

4.      Car Tyres (no commercial) each                                   £2

* A bag should be no bigger than 20” x 30”

On being put to the vote, the motion was declared carried.

(Note:  during consideration of Minute 313, Councillor Pentney declared a personal interest as her son works for TOR2 and Councillor Hernandez declared a personal interest as her husband works for May Gurney.)

At this juncture the meeting was adjourned until 9.30 a.m. on Friday, 30 September 2011.

The Deputy Chief Executive advised members a governance survey would be circulated in due course in preparation for the Governance meeting on 19 October 2011.

Councillor Faulkner (J) advised members an award ceremony for Looked After Children was due to be held later that evening at the Imperial Hotel, Torquay which all members were welcome to attend.

To consider the submitted report on the above.

The Council considered a report on a proposal to cease payment of the recycling credit to charity and community groups that claim credits for items other than furniture, paper and garden waste.

It was proposed by Councillor Thomas (D) and seconded by Councillor Brooksbank:

(i)         that the Council ceases payment of the recycling credit to charity and community groups that claim credits for items other than furniture, paper and garden waste; and

(ii)        that this decision be implemented six weeks after charity and community groups affected have received a letter from Torbay Council advising them of this decision.

On being put to the vote, the motion was declared carried.

(Note:  prior to consideration of Minute 316, Councillor Darling declared a personal interest due to his involvement with the 11^th Torbay Sea Scouts, Councillor McPhail declared a personal interest as she occasionally volunteers in a charity shop and Councillor Thomas (J) declared a personal interest as a member of the Shekinah Mission).

To consider the submitted report and any recommendations from the Audit Committee on the Annual Statement of Accounts for 2010/2011.

The Council received the Statement of Accounts for 2010/11 as recommended by the Audit Committee and set out in the submitted report.

It was proposed by Councillor Tyerman and seconded by Councillor Hill:

(i)         that the Council’s Statement of Accounts for 2010/11, as set out in pages 3 to 139 in Appendix 1 to the submitted report, be approved; and

(ii)        that following approval in (i) above the person presiding at this meeting sign and date the accounts on behalf of the Council, to represent the completion of the Council’s approval process of the accounts, in the “Statement of Responsibilities for the Statement of Accounts” shown on page 16 of the Statement of Accounts.

On being put to the vote, the motion was declared carried (unanimous).

Following the above, the Chairman of the Council signed the Statement of Accounts.

To consider the submitted report on the capital plan monitoring and variations for Quarter 1.

The Council considered a report on Capital Plan monitoring and variations from quarter 1.  The report provided details of expenditure and funding of service and community assets within the Council’s approved Capital Plan.

It was proposed by Councillor Tyerman and seconded by Councillor Hill:

that two un-ring-fenced capital grants of £778,000 be allocated to Disabled Facilities Grants and £77,000 be allocated to Short Breaks for Disabled Children in line with central government intentions.

On being put to the vote, the motion was declared carried (unanimous).

To consider the attached report on the Council’s Annual Report for 2010/2011 and Council wide priorities for 2011 onwards.

The Council received a paper which set out the Council’s Annual Report for 2010/2011 and the Council-wide priorities for 2011+.

It was proposed by the Mayor and seconded by Councillor Excell:

(i)         that the Mayoral pledges and priorities as outlined in paragraph A1.4 to the submitted report be agreed as Council-wide pledges and priorities for the term of this Administration, and as an amendment to the relevant plans within the Council’s Policy Framework; and

(ii)        that, subject to any additional recommendations from the Mayor and Group Leaders, the Council be recommended to approve the Annual Report 2010/2011 set out in Appendix 1 to the submitted.

On being put to the vote, the motion was declared carried (unanimous).

To consider any recommendations from the Overview and Scrutiny Board regarding the Office Rationalisation Project.

This item was withdrawn as there were no recommendations from the Overview and Scrutiny Board.

To consider the submitted report on the restructuring of Council’s Commissioner and Chief Executive structure to ensure Torbay Council has highly skilled political and managerial leaders to lead Torbay Council through the public sector recession and respond to the Government’s localism agenda with innovative, lower cost solutions.

The Council received a report on the outcome of the restructuring of the Councils Chief Executive and Commissioners.

It was proposed by Councillor Pritchard and seconded by Councillor Hernandez:

(i)         that the Council maintains the role of full time Chief Executive;

(ii)        that the Council maintains the role of Director of Children’s Services;

(iii)       that the three current Commissioner posts be deleted from the structure;

(iv)       that a Director of Adult Services (DAS), Part time (0.6 FTE) post be created; and

(v)        that a Director of Place and Resources, full time post be created (see Appendix 1 of the submitted report for structure charts).

On being put to the vote, the motion was declared carried (unanimous).

(Note:  prior to consideration of Minute 321, Caroline Taylor and Clare Tanner declared personal interests as post-holders of positions which could potentially be affected if the proposals were approved.)

To receive details on the composition and constitution of the Mayor’s Executive, together with the record of delegations of Executive functions.

Members noted the submitted report which provided details of a change made by the Mayor to his Executive.