Apologies for absence were received from Councillors Amil, Hytche and Scouler.

The Chairman thanked all the guests who attended his civic luncheon held on 15 May 2012 and advised that £475 was raised for his charity Annode Connect at the event.

The Mayor:

(a)  provided an update on the South Devon Link Road.  The contract had now been signed and the Mayor was pleased to report the work would be starting in September 2012 which was earlier than originally planned.  It was anticipated the work would be completed by December 2013.

(b)  advised that the contracts had been exchanged for the new development at Palm Court, Torquay with contractors appointed to complete the demolition of the remaining building.  The Mayor reported that this was welcome news as the new development included landscaping and would be an improvement for a major site of Torquay sea front;  and

(c)  reported that a successful bid had been made for a music hub for Torbay which was part of 120 new music areas.  This was a huge success for schools and colleges and included £400,000 being made available for schools and colleges for equipment, lessons and music education.

Councillors Faulkner (A), Thomas (D) and Tyerman declared personal interests as they were the Council’s appointed directors on Torbay Economic Development Company.

To receive petitions and any oral representations from the public in accordance with Standing Order A12 as set out below:-

In accordance with Standing Order A12, the Council received the following petitions:

(i)      petition requesting the Council to investigate the current system of Town Centre Business Rates and look specifically at the cost of per square metre prime sales area in both town centre and out of town retail sites (approximately 84 signatures);

(ii)     petition objecting to the parking charges on Torbay Road next to Torre Abbey Meadows, Torquay (approximately 130 signatures);

(iii)    petition requesting installation of pavement bollards in Princes Road, Torquay (approximately 40 signatures);  and

(iv)    petition requesting traffic calming at the top of Victoria Road, Torquay (approximately 76 signatures)

At the invitation of the Chairman, Mr Doherty addressed the Council in relation to the petition in (i) above.  It was noted that the petition would also be referred to the Executive Lead for Finance and officers from the Revenue and Benefits Team.

It was noted that the petitions in (ii), (iii) and (iv) above had been referred direct to the Highways Services Manager for consideration in consultation with the Executive Lead for Safer Communities and Transport, at the request of the petitioners.

To answer the following 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.

Verbal responses were provided at the meeting.  Supplementary questions were then asked and answered by the Mayor (questions 1 and 5), Councillor Excell (question 4) and Councillor Tyerman (question 6).  The Chairman advised that a written response would be provided in respect of question 3 in the absence of Councillor Scouler.

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

This Council notes that the Portas Report amongst other recommendations highlights the need for inexpensive parking for shoppers to regenerate town centres.  In light of this, this Council instructs officers to identify town centre on street parking, suitable for low cost high turnover parking at the

charge of 20p per half hour, with no stays longer than one hour.  These initiatives should be enacted in time for the 1st of July 2012.

Submitted by Councillors Darling and Pentney

Members considered a motion in relation to the Portas Report and car parking in town centres, notice of which was given in accordance with Standing Order A14.

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

this Council notes that the Portas Report amongst other recommendations highlights the need for inexpensive parking for shoppers to regenerate town centres.  In light of this, this Council instructs officers to identify town centre on street parking, suitable for low cost high turnover parking at the charge of 20p per half hour, with no stays longer than one hour.  These initiatives should be enacted in time for the 1 July 2012. 

In accordance with Standing Order A14.4(a), the Monitoring Officer advised that the motion stood referred to the Mayor.  The Mayor advised that he would refer the motion to the Executive Head Residents and Visitor Services to be considered as part of a review taking place in town centres.

To receive details on the composition and constitution of the Mayor’s Executive for 2012/13, together with the record of delegations of Executive functions (in accordance with Standing Order C4).

The Mayor presented his report as submitted with the agenda, on the above, which was noted.

To consider:

(a)  Appointing the Overview and Scrutiny Co-ordinator for 2012/13; and

(b)  Appointing the following scrutiny lead members for 2012/13:

People

Place

Business

Health

(Note: Executive Leads shall not be appointed as the Overview and Scrutiny Co-ordinator or Scrutiny Lead Members.)

The Council was requested to consider the appointment of the Overview and Scrutiny Co-ordinator and the appointment of scrutiny lead members for 2012/2013.

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

(i)            that Councillor Thomas (J) be appointed as the Overview and Scrutiny Co-ordinator for 2011/2012 municipal year; and

(ii)          that the following Councillors be appointed as the Scrutiny Leads as indicated:

People – Councillor Bent

Place – Councillor Kingscote

Business – Councillor Pentney

Health – Councillor Barnby

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

(a)          To appoint committees and other bodies, agree their terms of reference and to review the allocation of seats to political groups in line with statutory requirements.

(b)          To request nominations from the group leaders of members to serve on those committees.

The Council considered the submitted report on the appointment of committees and other bodies in light of the political balance of the Council.

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

(i)            that the committees be appointed with the terms of reference set out in Appendix 2 of the submitted report in accordance with the political balance requirements;

(ii)          that nominations be received to fill the seats on the committees;

(iii)         that the Mayor be reappointed as the Council’s nominated representative on the Devon and Cornwall Policy Authority;  and

(iv)         that the Mayor be recommended to appoint the Shadow Health and Wellbeing Board with membership and terms of reference as set out in Appendix 3 of the submitted report.

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

Following the vote, the members to serve on each committee and other bodies were nominated by the Group Leaders.  The Mayor advised that, following circulation of the Appendix 2 of the submitted report, Councillor Hill would be replacing Councillor Butt as a member of the Overview and Scrutiny Board.

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

To consider the provisional calendar of meetings for 2012/13.

The Council considered the submitted report setting out the proposed calendar of meetings for 2012/2013.

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

(i)            that the calendar of meetings for 2012/2013, set out in Appendix 1 to the submitted report, be approved; and

(ii)          that meetings of the Employment Committee and Civic Committee be held on an ad-hoc basis, to be determined by the Governance Support Manager in consultation with the relevant Chairman.

An amendment was proposed by Councillor Cowell and seconded by Councillor Ellery:

(i)            that, subject to meetings of Council commencing at 5.30 pm and the Chairs of Committees and Sub-Committees (with the exception of the Development Management Committee and Licensing Sub-Committee), Policy Development Groups and Scrutiny Boards be requested to consider meetings being held at 5.30 pm, the calendar of meetings for 2012/2013, set out in Appendix 1 to the submitted report, be approved.

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

A further amendment was proposed by Councillor Morey and seconded by Councillor Darling:

(iii)         that Group Leaders give further consideration to the timing of council meetings and their deliberations be reported to a future meeting.

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

The substantive motion (the same wording as the original motion with the addition of paragraph (iii) above) was then before Members for consideration.

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

To agree the scheme of delegation for Council functions as set out in Part 3 of the Constitution in so far as they relate to Council functions.

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

that the Scheme of Delegation of Functions set out in part 3 of the Constitution in so far as they relate to Council functions, be confirmed.

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

To consider a report on the Torbay Member Development Policy which sets out the framework for the Council’s approach to supporting and developing the Mayor and councillors.

The Council made the following recommendation to the Mayor:

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

that the Mayor be recommended to approve the Torbay Member Development Policy (as set out at Appendix 1 of the submitted Report).

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.

The Scrutiny Lead for People presented the results of a scrutiny review into anti-social behaviour and the private rented housing sector.  The Council also received the recommendations of the Overview and Scrutiny Board arising from the review and a response prepared by the Executive Head Community Safety.

The Chairman invited the Mayor to respond to the recommendations of the Overview and Scrutiny Board.  The Mayor advised that he wished to defer consideration of the recommendations to enable his Executive to review the recommendations.

To consider the submitted report on the above.

The Council considered the submitted report which set out proposals to introduce proper control and management in planning terms for the change of use of C3 dwelling houses to C4 small houses in multiple occupation (HMO).  It was noted that there were increasing concerns about the impact concentrations of HMOs had on communities and the effects poor quality accommodation could have on health, employment and academic attainment.

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

(i)            that the Executive Head of Spatial Planning prepare an Article 4 Direction removing permitted development rights to change dwellings to small houses in multiple occupation (Class C3 Dwellings to C4 Small Houses of Multiple Occupation), without the need for express planning permission;  and

(ii)          that 12 months notice be given prior to the Article 4 Direction taking effect, and that the Direction only be confirmed by the Council if sufficient resources are available to provide enforcement.

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

To consider the submitted report.

The Chairman reported that this item had been deferred to a future meeting.

To consider a report which seeks permission to invest in a major new Innovation Centre at White Rock, Paignton to create at least 220 new jobs, with the support of grant funding.

The Council considered a report on phase three of the Innovation Centre project which sought to promote sympathetic economic regeneration for Torbay by building a new innovation centre at Whiterock Business Park, Paignton.  It was noted phase three would create 30,000 square feet of new workspace for businesses and would sustain an estimated 220 jobs with £2 million per year economic benefits to Torbay.  A revised officer recommendation was circulated at the meeting.

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

(i)            that subject to a business case being submitted by the Torbay Economic Development Company (TEDC) that is satisfactory to the Chief Executive of Torbay Council acting in consultation with the Mayor, Executive Lead for Finance and Audit and Executive Head for Finance (such business case to be approved by the Board of the TEDC in writing), the Council approves prudential borrowing of up to £2,000,000, plus up to £500,000 of New Growth Points grant, to enable delivery of the third site of the Innovation Centre Programme with any initial funding met from internal funds in line with the Council’s Treasury Management Strategy.  The business case to include the TEDC to pay an annual charge to cover the Council’s interest and repayment costs of borrowing;  and

The Mayor be recommended:

(ii)          that the Council submits an application to the EU Competiveness programme for a £2.5million grant for match funding;  and

(iii)         that subject to the business case referred to in (i) above being approved:

(a)          the Council enters into the proposed land swap with Deeley Freed with regard to the Council’s site at Whiterock, currently used by PLUSS Ltd. The agreement of terms to be delegated to the Chief Executive in consultation with the Mayor, the Executive Lead for Finance and the Chief Executive of the Torbay Economic Development Company; and

(b)          the Council leases the proposed innovation centre site to the Torbay Economic Development Company Limited. The agreement of lease terms to be delegated to the Chief Executive in consultation with the Mayor, the Executive Lead for Finance and the Chief Executive of the Torbay Economic Development Company.

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

The Mayor considered the recommendation of the Council in (ii) and (iii) above at the meeting and the record of his decision is attached to these minutes.

To consider the submitted report.

In light of the reductions in public spending, the Council considered a request from the Chief Executive for voluntary redundancy and proposals for considering future options for changes to the senior management structure, (as set out in the submitted report).

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

(i)            that the voluntary redundancy request of the Chief Executive be approved and the significant changes to the current structure (tiers 1 & 2) and Functions of the Chief Executive which will need to be made as a result be accepted;

(ii)          that the Employment Committee work as a task force with Group Leaders and the Executive Head Business Services to develop options for consideration at the Council meeting on 12 July 2012, to ensure that there is fair inclusion and representation of Members in the development of these options;  and

(iii)         to ask the Monitoring Officer to make such amendments to the constitution as maybe necessary following the decision above as required.

An amendment was proposed by Councillor Cowell and seconded by Councillor Ellery:

(i)            that the decision on the request for voluntary redundancy by the Chief Executive be deferred until the Council meeting scheduled for July 2012 to enable options to be developed as outlined in (ii).

In accordance with Standing Order A19.4 and at the request of 10 or more councillors, a recorded vote was taken on the amendment. The voting was taken by roll call as follows: For: Councillors Cowell, Darling, Doggett, Ellery, Morey, Parrott, Pountney, Stocks and Stockman (9); Against: The Mayor, Councillors Addis, Baldrey, Barnby, Bent, Brooksbank, Butt, Davies, Excell, Faulkner (A), Faulkner (J), Hernandez, Hill, James, Kingscote, Lewis, McPhail, Mills, Pentney, Pritchard, Richards, Thomas (D), Thomas (J) and Tyerman (24); Abstain: Councillor Stringer (1); and Absent: Councillors Amil, Hytche and Scouler (3). Therefore, the amendment was declared lost.

The original motion was then before members for consideration. 

In accordance with Standing Order A19.4 and at the request of 10 or more councillors, a recorded vote was taken on the original motion. The voting was taken by roll call as follows: For: The Mayor, Councillors Addis, Barnby, Bent, Brooksbank, Butt, Excell, Faulkner (J), Hernandez, Hill, James, Kingscote, Lewis, McPhail, Mills, Pritchard, Richards, Stringer, Thomas (D), Thomas (J) and Tyerman (21); Against: Councillors Cowell, Ellery, Morey, Parrott, Stocks and Stockman (6); Abstain: Councillors Baldrey, Darling, Davies, Doggett, Faulkner (A), Pentney and Pountney (7); and Absent: Councillors Amil, Hytche and Scouler (3). Therefore, the motion was declared carried.

To confirm the following statutory officer appointments:

Returning Officer – Caroline Taylor

Electoral Registration Officer – Caroline Taylor

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

that the appointment of Caroline Taylor as the Council’s statutory Returning Officer and Electoral Registration Officer be confirmed.

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

To consider the submitted report.

The Council received and noted the Overview and Scrutiny Annual Report for 2011/2012.

To consider a report on the above.

The Council considered the submitted report setting out details of maladministration against the Council following a complaint to the Local Government Ombudsman.  It was noted that the original report by the Ombudsman was presented to the Council on 13 July 2011 and that the Chief Executive had responded with the decision not to pay compensation recommended by the Ombudsman, but an offer of £1,000 was made to the complainant in recognition of the Council’s failure to keep full records.  A further report by the Ombudsman on the complaint (dated 28 March 2012) upholding the original decision had been received asking the Council to reconsider its decision not to pay the compensation as recommended in the original report.

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

that the contents of the submitted report and its appendix be noted and that the Local Government Ombudsman’s recommendations be approved.

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