The meeting was opened with a prayer.

An apology for absence was received from Councillor Scouler.

The Minutes of the meeting of the Council held on 8 December 2011 were confirmed as a correct record and signed by the Chairman.

The Chairman:

(i)         reminded Members of the civic charity ‘mad hatters’ gala night which would be taking place on 2 March 2012 at the Riviera International Conference Centre; and

(ii)        referred to a recent visit to Greycliffe Residential Home in Torquay where he met four ladies who were all celebrating their 100^th birthday.

To answer any questions asked under Standing Order A13.

Members received a paper detailing the questions, as set out at Appendix 1 to these Minutes, notice of which had been given in accordance with Standing Order A13.

Supplementary questions were asked and answered by The Mayor (questions 1, 3, 4, 5 and 7), Councillor Lewis (question 2), Councillor Richards (question 6), Councillor Thomas (D) (questions 8 and 9) and Councillor Pritchard (question 10).

This Council notes that Torbay suffers from increasing levels of deprivation and growing inequality.

A significant cost to local people is the rocketing cost of utility bills.

This councils notes that the wholesale price of Gas and Electricity is the same as 12 months ago, but the cost to consumers has risen by 20%.

In the light of the above this Council instructs the Chief Executive to write to the appropriate Minister demanding more transparency in this market place to ensure that the neediest in our society are not continually disadvantaged.

Submitted by Councillor Pountney and Councillor Darling

Members considered a motion in relation to gas and electricity prices, notice of which was given in accordance with Standing Order A14.

It was proposed by Councillor Pountney and seconded by Councillor Darling:

This Council notes that Torbay suffers from increasing levels of deprivation and growing inequality.

A significant cost to local people is the rocketing cost of utility bills.

This councils notes that the wholesale price of Gas and Electricity is the same as 12 months ago, but the cost to consumers has risen by 20%.

In the light of the above this Council instructs the Chief Executive to write to the appropriate Minister demanding more transparency in this market place to ensure that the neediest in our society are not continually disadvantaged.

In accordance with Standing Order A14.3(a), the motion stood referred to the Mayor.  The Mayor considered the recommendation of the Council as set out above at the meeting and requested the Chief Executive to write to Torbay’s Members of Parliament raising the Council’s concerns in connection with gas and electricity prices and inviting them to meet with the Council to discuss issues affecting Torbay.

With the residents of Torbay struggling to cope in a deep recession caused in major part by reckless banking, this Council welcomes the report of the Independent Commission on Banking (The Vicker’s Report) and the Coalition Government’s decision to legislate in 2012 to curb the power of the commercial banks to use the deposits of their customers in casino banking practices, by divorcing the necessary functions of High Street banks from Investment Banking, but calls on Her Majesties Government to accelerate the implementation of this legislation so that banks have to comply during the lifetime of the present Parliament.  This Council condemns the timetable proposed by the Chancellor of the Exchequer which gives banks until 2019 to comply.  This is unacceptable to the hard working residents of Torbay whose deposits and savings will remain available as assets that can be put at risk to underpin highly speculative operations within those banks.

Submitted by Councillor Darling and Councillor Pentney

Members considered a motion in relation to fair banking, notice of which was given in accordance with Standing Order A14.

It was proposed by Councillor Darling and seconded by Councillor Pentney:

With the residents of Torbay struggling to cope in a deep recession caused in major part by reckless banking, this Council welcomes the report of the Independent Commission on Banking (The Vicker’s Report) and the Coalition Government’s decision to legislate in 2012 to curb the power of the commercial banks to use the deposits of their customers in casino banking practices, by divorcing the necessary functions of High Street banks from Investment Banking, but calls on Her Majesties Government to accelerate the implementation of this legislation so that banks have to comply during the lifetime of the present Parliament. This Council condemns the timetable proposed by the Chancellor of the Exchequer which gives banks until 2019 to comply. This is unacceptable to the hard working residents of Torbay whose deposits and savings will remain available as assets that can be put at risk to underpin highly speculative operations within those banks.

In accordance with Standing Order A14.3(a), the motion stood referred to the Mayor.  The Mayor considered the recommendation of the Council as set out above at the meeting and noted the motion.  He advised that he was meeting with representatives from local banks on 2 February 2012 and he would raise the content of the motion at the meeting.

The Council made the following recommendation to the Mayor:

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

That the Mayor be recommended:

(i)         that the Chief Executive of Torbay Development Agency, in consultation with the Mayor and Executive Lead for Employment and Regeneration, the Commissioner for Place and the Environment, the Executive Head of Tor Bay Harbour Authority and the Chair of the Harbour Committee, be instructed to negotiate and agree terms for the sale of a long lease or leases to the Marine Car Park, The Pavilion and Cary Green to the Nicholas James Group (or a subsidiary company) (‘the Developer’).  Such terms to include an obligation on the Developer to obtain planning consent and carry out and complete the redevelopment of the Marina Car Park, the restoration of The Pavilion and redevelopment of Cary Green;

(ii)        that before any agreement is entered into, the Torbay Development Agency shall obtain a satisfactory independent valuation from a firm of Chartered Surveyors with the requisite experience in valuing such developments, demonstrating that the proposed terms represent best value that Torbay Council can reasonably obtain;

(iii)       that the Executive Head of Commercial Services, in consultation with the Chief Executive of Torbay Development Agency and the Executive Head of Tor Bay Harbour Authority, be authorised to enter into such documentation as may be necessary with the Council’s present tenant, Marina Developments Limited (‘MDL’), to allow the development to proceed, including but not limited to the acceptance of the surrender of part or all of MDL’s existing leases and the grant of a new lease or leases to MDL or such other party on acceptable terms;

(iv)       that the new leases referred to in (i) and (iii) contain provisions to ensure that Torbay Council as Harbour Authority continues to receive at least the existing levels of income from the development and the marina and that, subject to the outcome of the valuation outlined in (ii) above, negotiations address the need to preserve this level of income during the construction phase; and

(v)        that the Commissioner for Place and the Environment with the Executive Head of Spatial Planning be instructed to determine the Council’s exposure to flood risk liability in respect of the proposed development and ongoing Environment Agency funding for Haldon Pier and Princess Pier.

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, together with further information, is attached to these Minutes.

To consider the submitted report on the proposed disposal of Amenity Land Forming Part of ‘Old Maid’s Perch’, Torbay Road, Torquay.

The Council made the following recommendation to the Mayor:

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

That the Mayor be recommended:

(i)         that the area comprising approx 87 square metres lying to the eastern side of the public footpath leading from Shedden Hill Road to Torbay Road (as shown cross hatched on Plan EM1961) be sold to the adjoining proposed owner/developer of the former Palm Court Hotel to facilitate the development of the combined site in accordance with an approved planning consent;

(ii)        that the land be sold to the proposed owner/developer of the former Palm Court Hotel site at a valuation to be recommended by the District Valuer;

(iii)       that the Chief Executive of the Torbay Development Agency be requested to advertise the intended disposal of the land in accordance with Section 123(1)(2a) of the Local Government Act 1972; and

(iv)       that subject to considering any objections raised pursuant to paragraph (iii) and being satisfied that any objections raised should not stop the disposal, the Head of Commercial Services, in consultation with the Chief Executive of the Torbay Development Agency, be authorised to dispose of the land described in (i) subject to agreement of termsincluding a provision that contracts will be exchanged in respect of the land, completion of sale being dependent on completion of the approved planning consent in (i) above.

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, together with further information, is attached to these Minutes.

The Council made the following recommendation to the Mayor:

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

That the Mayor be recommended:

(i)         that the use of the Chestnut school site for a Primary Support Centre and the base for the Torbay Music service (Torbay Academy of Performing Arts - TAPA) be approved; and

(ii)        that the Director of Children’s Services be authorised to enter into discussions with The South Devon Gym club to discuss the Chestnut school site being the long term venue for the club.

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, together with further information, is attached to these Minutes.

The Council considered the submitted report which set out the recommendations of the Independent Remuneration Panel on its review of Members’ Allowances.

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

(i)         that all proposed increases or decreases set out in the Independent Remuneration Panel’s Report be rejected;

(ii)        that the rates for travel be the same as those set in the Torbay Council Expenses Policy and be paid for all approved duties (e.g. 40p for car, 24p for motorbike and 20p for bicycle per mile);

(iii)       that subsistence be paid in accordance with the rates set out in the Torbay Council Expenses Policy for approved duties (e.g. breakfast – depart from home before 7.30 a.m. £6.22; lunch – absent from normal place of work between 11.30 a.m. and 2.15 p.m. £7.35; and evening meal – not home before 6.30 p.m. £10.17);

(iv)      that the following be identified as approved duties for the purpose of travel, subsistence and childcare and dependent carers’ allowances:

(i)         attendance at meetings as a duly appointed member of:

(a)       the Council and any committee of the Council;

(b)       any sub-committee appointed by a committee;

(c)        the Executive or committee of the Executive (if appointed);

(d)       working parties;

(e)       scrutiny review panels;

(f)        policy development groups;

(g)       any outside organisation and their sub-groups appointed by the Council or the Mayor, provided that the organisation does not pay any such expenses (these are listed on each Councillor’s details page on the Council’s internet at http://www.torbay.gov.uk/DemocraticServices/mgMemberIndex.aspx?bcr=1);

(ii)        attendance at site visits for planning or licensing purposes or as part of overview and scrutiny;

(iii)       attendance at member development sessions;

(iv)       attendance at seminars and all member briefings organised by Torbay Council, except for those held immediately prior to a meeting of Council;

(v)        attendance at non-political conferences, subject to prior approval by the relevant Group Leader and Governance Support Manager and funding for the conference being available (in accordance with the Local Protocol for the Mayor and Political Groups);

(v)       that the Basic Allowances, Special Responsibility Allowances and Co-optees Allowances be indexed from 1 April 2013 to the annual local government pay percentage increase as agreed by the National Joint Committee for Local Government Services.  The travel and subsistence allowances will be up-rated as and when the Council’s Expenses Policy is adjusted and the whole allowances Scheme will be reviewed by no later than 2015;

(vi)      that the Governance Support Manager be requested to bring the Members’ Allowances Scheme up to date and to ensure that approved duties are clear;

(vii)     that the Governance Support Manager be requested to investigate alternative methods of providing broadband for members to reduce the cost of this service whilst ensuring that no member is disadvantaged by the new arrangements, with a view to ceasing providing Council installed broadband lines and members making their own arrangements and being reimbursed for the cost of broadband through their expenses claims; and

(viii)    that the Executive Head of Business Services be requested,  ...  view the full minutes text for item 527.

To consider a report and the recommendations of the Audit Committee on the above.

The Council considered the submitted report in relation to the proposed Treasury Management Strategy for 2012/13 which incorporated the Annual Investment Strategy for 2012/13 and the Annual Minimum Revenue Provisional Statement.  It was noted that the Strategy aimed to support all Council services by the management of the Council’s cash flow, debt and investment operations and effectively control the associated risks.  The formulation of the strategy was a requirement of the CIPFA Code of Practice in Treasury Management and the Council’s Treasury Management Policy.

The Audit Committee reviewed the submitted report at its meeting held on 25 January 2012 and they endorsed the recommendations to the Council.

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

(i)         that the Treasury Management Strategy for 2012/13 (incorporating the Annual Investment Strategy 2012/13) as set out in the submitted report be approved;

(ii)        that, in line with the Council’s Constitution and Financial Regulations:

(a)       the Chief Finance Officer be authorised to take any decisions on borrowing and investments. (Delegations to the Section 151 Officer, paragraph 3.1(a)); and

(b)       the Chief Finance Officer be authorised to invest temporarily or utilise surplus monies of the Council; (Financial Regulations, paragraph 14.5); and

(iii)       that the Annual Minimum Revenue Provision Policy Statement for 2012/13 as set out in Annex 7 to the submitted report be approved.

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

The Chairman advised that it accordance with Standing Order F2.13 in relation to the Budget and Policy Framework this item was referred to an adjourned meeting of Council to be held on 8 February 2012 to enable full consideration to be given to the implications of the proposals set out in the reports circulated at the meeting. 

A copy of the record of decision setting out the recommendations of the Mayor in respect of the Revenue Budget is attached to these Minutes.

The Chairman advised that it accordance with Standing Order F3.12 in relation to the Budget and Policy Framework this item was referred to an adjourned meeting of Council to be held on 8 February 2012 to enable full consideration to be given to the implications of the proposals set out in the reports circulated at the meeting.

A copy of the record of decision setting out the recommendations of the Mayor in respect of the Capital Investment Plan is attached to these Minutes.

To consider a report on the above.

(Note:  This item will be deferred for consideration at an adjourned meeting of the Council to be held on Wednesday, 8 February 2012.)

The Chairman advised that as the report relates to the budget this item was referred to an adjourned meeting of Council to be held on 8 February 2012 to enable full consideration to be given to the implications of the proposals set out in the report circulated at the meeting.

In accordance with the Council’s Standing Orders (A9.1), the Council was required to select, by elimination ballot, the Chairman/woman-Elect and Vice-Chairman/woman-Elect for the next Municipal Year 2012/13.

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

That Councillor Stringer be selected as Chairman (Elect) for the 2012/13 Municipal Year.

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

It was proposed by Councillor Morey and seconded by Councillor Lewis:

That Councillor Parrott be selected as Vice-Chairman (Elect) for the 2012/13 Municipal Year.

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