To confirm as a correct record the minutes of the meeting of the Council held on 29 September 2011 and the adjourned meeting held on 30 September 2011.

The following personal interests were declared:

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

The Chairman:

(a)               advised members of the Remembrance Sunday services that were taking place on Sunday 13 November 2011.  Services were due to be held at Brixham and Torquay at 11.00 am at the war memorials and a service at Paignton Parish Church at 3.00 pm;  and

(b)               stated that although this meeting started at 5.30 pm it was still the Chairman’s intention to start all future Council meetings at 2.00 pm to avoid the need for adjournments to another day.  Items of significant public interest would be considered after 5.30 pm and meetings would start at 5.30 pm when the agenda was short.

The Mayor thanked all members and voluntary organisations for joining him in celebrating the opening of Parkfield House, Paignton.  He added that the new facilities would provide a great service for young people.

To answer any questions asked under Standing Order A13.

To consider the following motion, notice of which has been given in accordance with Standing Order A14 by the members indicated:

Members received a motion in relation to the timing of Council meetings, notice of which was given in accordance with Standing Order A14 and as set out on the agenda.

Prior to consideration of the motion, the Chairman advised members that he and the Chief Executive could determine the time and arrangements of meetings.

In accordance with Standing Order A16.9, Councillor Cowell, with consent of Councillor Parrott as seconder, withdrew his motion.

To consider the submitted report on the proposed disposal of three assets which are surplus to Council operating requirements.

The Council made the following recommendation to the Mayor:

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

(i)         that the three assets listed in Appendix 1 of the submitted report be declared no longer required for service delivery and that the Chief Executive of the Torbay Development Agency be requested to advertise their intended disposal in accordance with the Council’s Community Asset Transfer Policy;  and

(ii)        that, subject to any expressions of interest received in respect of  (i) above, the Head of Commercial Services, in consultation with the Chief Executive of the Torbay Development Agency, be authorised to dispose of the assets listed in Appendix 1 of the submitted report.

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

At the meeting, the Mayor considered the recommendation of the Council (as set out above) and the record of his decision, together with further information, is attached to these minutes.

To consider the submitted report on the above.

A revised officer recommendation was circulated at the meeting.  The Council made the following recommendations to the Mayor:

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

(i)                 that, subject to receiving the South West Regional Development Agency’s consent, the Executive Head Commercial Services be authorised, in consultation with the Chief Executive of the Torbay Development Agency, to transfer the freehold of the Brixham Town Hall to Brixham Town Council (as identified on plan EM2151 of the submitted report) for no capital receipt.  The transfer to include provision, satisfactory to the Executive Head Commercial Services, that 50% of any receipt from a disposal of the property, within 15 years of its transfer to Brixham Town Council, be paid to Torbay Council;  and

(ii)               that, subject to receiving the South West Regional Development Agency’s consent, the Executive Head Commercial Services be authorised, in consultation with the Chief Executive of Torbay Development Agency and the Executive Head Children, Schools and Communities, to simultaneously enter into a 125-year lease at a peppercorn rent from Brixham Town Council for use by Torbay Council for an area within the Town Hall for the Torbay Youth Service.

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

AT the meeting, the Mayor considered the recommendation of the Council (as set out above) and the record of his decision, together with further information, is attached to these minutes.

(Note:  Prior to consideration of Minute 357, Councillors Baldrey, Barnby, Ellery, James, Morey and Stockman declared their personal interests.)

To consider the submitted report setting out the recommendations of the Transport Working Party on the above.

The Council established the Productivity Improvement Programme (PIP) in October 2010 to identify significant savings and meet the financial challenges over the next four years.  The submitted report set out the PIP’s review of parking services.  The Council was requested to make recommendations to the Mayor and consider the funding for the investment of new equipment and services.

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

(i)                 that the Mayor approve the recommendations of the Transport Working Party in respect of the outcome of the Parking Review identified below:

o       Clamp persistent PCN evaders who do not pay their fines – clamping to be implemented when there are over 5 outstanding fines unpaid on a vehicle.

o       Rent space to car washing and valeting services in car parks.

o       Increase the cost of parking permits for off street car parks by 10%.

o       Review of seasonal tariffs in relation to non seasonal tariff rates (being developed separately, and will be advertised in accordance with good practice for implementation from 1 January 2012).

o       Use mobile enforcement vehicles to enforce illegal parking at schools/bus stops and where necessary to improve safety.

o       Offer parking management solutions to private car park operators.

o       Differentiate off street parking charges related to location (being developed separately, and will be advertised in accordance with good practice for implementation from 1 January 2012).

o       Review options on provision of parking charges for disabled permit holders and charge a nominal administration fee of £20 for permits at renewal.

o       Charge skip providers the on street parking charges as well as the skip licence where located on chargeable spaces.

o       Introduce more on street parking areas (as proposed in Appendices 6 and 7 to the submitted report), subject to evidence of return on investment and details of payback period being to the satisfaction of the Executive Head of Finance, in consultation with the Executive Lead for Finance and Audit.

o       Review management options of on street and off street motorbike parking areas.

o       Provide additional commercial advertising hoarding space in car parks.

o       Pay on exit options in car parks if the business case shows a return on investment within four years.  Business case to be signed off by the Executive Head of Finance in consultation with the Executive Lead for Finance and Audit.

(ii)               that the Mayor be recommended to authorise the advertisement of Orders introducing paying parking places (parking meters) on highways as identified in Appendices 6 and 7 to the submitted report subject to evidence of return on investment and details of payback period being to the satisfaction of the Executive Head of Finance, in consultation with the Executive Lead for Finance and Audit;

(iii)             that the Mayor be recommended to authorise the Commissioner for Place and Environment, in consultation with the Executive Lead for Safer Communities and Transport, to consider any objections received and approve or reject the making of any such Orders;  and

(iv)              that, the Council approves  ...  view the full minutes text for item 358.

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

At the adjourned meeting of the Council on 30 September 2011 it was decided to defer consideration of the above to this meeting.  A new report was submitted setting out proposals to repair the defective structure of the ‘banjo’ and the eastern section of Princess Parade, Torquay, to enable the closed sections to be reopened as soon as possible.

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

(i)                 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;

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

(iii)             that tenders be invited and a contract let to carry out repairs to the Eastern Promenade and minimal repairs to the banjo.  The contract is to commence in early 2012 to allow the promenade and banjo to be open for the summer 2012;

(iv)              that the second phase of the works to provide long term repairs to the banjo and eastern promenade be progressed and a contract let in July 2012 unless alternative proposals to redevelop the area have been approved by the Council;  and

(v)                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 Pentney:

(i)                 that the capital programme for 2012/13 be amended to provide £2.95 million to fund the regeneration of the Princess Promenade area, including the Eastern Promenade and Banjo area (the Area), subject to the following:

(a)        The outcome of the public consultation currently being undertaken and ongoing dialogue with the relevant community stakeholders; and

(b)        A contract being entered into with a developer on terms acceptable to the Executive Head Commercial Services, in consultation with the Chief Executive of Torbay Development Agency, such contract to include a commitment for the works to the Area commencing no later than January 2013;  and

(c)        The regeneration to include:

Ø      an events space in the area where  the Banjo is now sited;  and

Ø      a long term design solution, with a life span of a minimum of 50 years, which will require only routine maintenance;

(ii)               that officers seek tenders for the repair of the Banjo and Eastern Promenade to twin track the project should private investment not be forthcoming;  and

(iii)             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.

On being put to the vote the amendment was declared lost.

The original motion was then put to the vote and declared carried.