Apologies for absence were received from Councillors Stocks, Thomas (D) and Thomas (J).

To confirm as a correct record the minutes of the meeting of the annual meeting of the Council held on 15 May 2012 and the adjourned meeting held on 16 May 2012.

The Minutes of the annual meeting of the Council held on 15 May 2012 and adjourned annual meeting of the Council held on 16 May 2012 were confirmed as a correct record and signed by the Chairman.

The Monitoring Officer advised members that, as from 1 July 2012, the Code of Conduct no longer applied and it was for each council to adopt its own code, which was to be considered later at this meeting.  Although there were new statutory requirements, no code of conduct was in place until the new code was adopted.  Therefore, the Monitoring Officer requested members to continue to declare personal and prejudicial interests for this meeting as though the old code continued to apply. 

In accordance with Standing Order A7.2, the order of business was varied to enable agenda item 10 (Anti-Social Behaviour and the Private Rented Housing Sector), to be considered before item 6 (Members’ Questions).

To consider a report from the Overview and Scrutiny Board requesting the Mayor reconsider the decision in respect of Anti-Social Behaviour and the Private Rented Housing Sector.

The Chairman advised that, in response to the Overview and Scrutiny Board, the Mayor had made his decision on this matter outside of the meeting which was published on 11 July 2012.

In addition, the Chairman announced that the Overview and Scrutiny Board had considered the call-in for this item after the deadline for the receipt of public questions.  Although the Mayor had made his decision on the matter prior to this meeting, the Chairman advised that he had already agreed (due to exceptional circumstances) he would accept public questions/statements on this matter.  Therefore, in accordance with Standing Order A24, the Council heard from Susie Colley, Julie Brandon and Gordon Jennings who had submitted questions and statements in relation to this item.  The Mayor responded to the questions and the statements that had been put forward, plus supplementary questions asked by Julie Brandon and Gordon Jennings.

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 on all the questions and answered by the Mayor and Councillor Excell.  The Chairman advised that question 4 would be deferred to the next meeting of the Council in the absence of Councillor Thomas (D).

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

That this Council notes that the proposed building of a ‘Third Harbour’ for Torquay would;-

·         Have a likely cost exceeding £200M;

·         Have an anticipated annual shortfall in revenue of approximately £12.3M (based on £200M capital cost);

·         Likely provide 1% of jobs compared to ship repairing and yacht building (according to the Falmouth Port Masterplan); and

·         Provide only 7.0m of water at chart datum and would thereby exclude all vessels of greater than 6.0m draft.

and therefore this Council instructs officers to cease further activity and expenditure on this project with immediate effect.

Submitted by Councillors Baldrey and Faulkner (J)

To consider a report on the above.

The Council made the following recommendation to the Mayor:

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

that the Mayor be recommended to instruct the Executive Head of Resident and Visitor Services to invite tenders and let a contract to demolish the upper deck and widen the lower deck of the banjo together with providing cathodic protection to the structural elements of the banjo and eastern promenade.  The contract to commence in October 2012 to allow the banjo to be open for summer 2013.

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

that consideration of this item be deferred to an adjourned Council meeting to enable members to be briefed on what opportunities exist for the private sector to assist in the regeneration of the banjo and eastern promenade, in line with the decision of the Council taken on 31 October 2011.

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: Baldrey, Cowell, Darling, Davies, Doggett, Ellery, Faulkner (A), Faulkner (J), Morey, Pentney, Pountney and Stockman (12); Against: The Mayor, Councillors Addis, Amil, Barnby, Bent, Brooksbank, Butt, Excell, Hernandez, Hill, Hytche, Kingscote, Lewis, McPhail, Mills, Pritchard, Richards, Scouler and Tyerman (19); Abstain: Councillor James, Parrott and Stringer (3); and Absent: Councillors Stocks, Thomas (D) and Thomas (J) (3). Therefore, the amendment was declared lost.

The original motion was then before members for consideration and being put to the vote, the motion was declared carried.

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 a report on the Child Poverty Strategy and action plan.

The Council made the following recommendation to the Mayor:

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

that Torbay’s Story 2011 – 2020 Child Poverty strategy – A Call for Action (as set out in Appendix 1 to the submitted report) be supported.

An amendment was proposed by Councillor Faulkner (A) and seconded by Councillor Faulkner (J):

(ii)        that the elected member representatives on the Child Poverty Commission be drawn from those wards identified within the submitted report that have high levels of child poverty (namely Tormohun, Ellacombe, Roundham and Hyde and Watcombe);  and

(iii)       that once the Child Poverty Commission is established, initially the frequency of meetings be increased to ensure the action plan is expedited as quickly as possible.

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

The original motion was then before members for consideration and 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 final revenue outturn position for the Council for the financial year 2011/12.

The Council considered the submitted report on the final revenue outturn position for the Council for the financial year 2011/12 and the recommendations with respect to the use of the declared surplus. The Overview and Scrutiny Board had reviewed the report on 20 June 2012 and made no recommendations.

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

(i)    that the revenue outturn position for 2011/12 be noted;

(ii)  that a sum of £0.305m be transferred to an Employment Fund Reserve (paragraph A3.8 of the submitted report);

(iii) that the transfer of £0.136m of the revenue underspend to the Comprehensive Spending Review Reserve (paragraph 3.9 of the submitted report) be approved;

(iv) that it be noted that the transfers in (ii) and (iii) above are subject to the final audit of the Council’s accounts;  and

(v)   that the reserves proposed in paragraph 3.8 of the submitted report be amalgamated.

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

(iii)       that the transfer of:

(a)       £0.056m of the revenue underspend to the Comprehensive Spending Review Reserve be approved;

(b)       £0.040m of the revenue underspend to support the new Poverty Strategy be approved; and

(c)        £0.040m of the revenue underspend to help fund road safety improvements.

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

The original motion was then before Members for consideration.

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

To consider the position of the Capital Plan Budget at the end of Quarter 4 of the 2011/12 financial year.

The Council considered the submitted report on the final Capital Monitoring report for 2011/12 and outturn position in respect of capital expenditure and income for 2011/2012.  The Overview and Scrutiny Board had reviewed the report on 20 June 2012 and made no recommendations.

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

(i)            that the outturn position for the Council’s Capital expenditure and income for 2011/12 be noted;

(ii)          that the action taken by the Chief Finance Officer, under the Officer Scheme of Delegation, to carry forward the unspent budgets for expenditure or work in progress (together with their funding) from 2011/12 to 2012/13 be noted;  and

(iii)         that the funding of the capital investment plan for 2011/12 as outlined in paragraph C1.1 of the submitted report be approved.

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

To consider a report which informs the Council of the performance of the Treasury Management function in supporting the provision of Council services in 2011/12.

Members considered the submitted report on the performance of the Treasury Management Function in 2011/12 as recommended by the Audit Committee.

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

(i)            that the Treasury Management decisions made during 2011/12 as detailed in the submitted report be endorsed; and

(ii)          that the Prudential and Treasury Indicators as set out at Annex 1 of the submitted report be approved.

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

To consider a report on the above.

The Council considered the submitted report on the draft Health and Safety Enforcement Service Plan for 2012/13.

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

That the Health and Safety Service Plan 2012/13 set out at Appendix 1 to the submitted report be approved.

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

To consider a report on the above.

Members considered the draft Food Safety Service Plan for 2012/13 as set out in the submitted report.

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

            that the Food Safety Service Plan 2012/13 set out at Appendix 1 to the submitted report be approved.

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

To consider a report on the above.

The Council considered the submitted report setting out the Employment Committee and Group Leaders’ Task Group’s work on the interim arrangements for the future officer leadership and governance of the Council following the departure of the Chief Executive.

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

(i)           that the Employment Committee be requested to undertake the recruitment of an internal interim Chief Operating Officer to include the role of Head of Paid Service, for a period ending no earlier than 31 March 2013 and on a part time basis (equivalent of 2 days per week spread over a full week).  The terms and conditions of employment for the post to be in line with the Joint Negotiating Committee for Chief Executives of Local Authorities with the job description as set out at Appendix 2 of the submitted report.  (Note:  The Employment Committee recommendations will be presented to the September 2012 Council meeting);

(ii)          that the Executive Head Business Services be instructed to undertake a Hay Evaluation of the agreed Job Description, and in doing so, produce a Hay Know How score which will in turn determine the spot salary for this post in accordance with our Pay and grading scheme;

(iii)         that the Council notes the Mayor will continue to exercise executive functions in accordance with the Mayoral system of governance and that the Mayor will (in consultation with the Employment Committee and Group Leaders’ Task Group) review the existing Officer Scheme of Delegation in relation to the Chief Executive to ensure clarity of roles and responsibilities.  The results of this exercise to be reported to members in September 2012;  and

(iv)         that the Employment Committee and Group Leaders’ Task Group make a recommendation to the Council at a forthcoming meeting on the long term proposals for the replacement of the Chief Executive functions.

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

To consider a report on the above.

The Council received a report by the Monitoring Officer on a new Code of Conduct for Members and associated matters as a result of the Localism Act 2011.  It was noted the Localism Act 2011 abolished the Standards Board regime and replaced it with a requirement that authorities promote and maintain high standards of conduct by members.

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

(i)            that the Code of Conduct at Appendix A of the submitted report be adopted by the Council;

(ii)          that the existing Standards Committee be disbanded and a new Standards Committee be established to comprise of seven members (the political composition of the Committee to be determined in line with the overall review of the political balance of the Council – see separate agenda item) with terms of reference as set out at Appendix B of the submitted report.  Group Leaders to notify the Governance Support Manager of their nominations for membership as soon as possible;

(iii)         that the Monitoring Officer, in consultation with the new Standards Committee develop a protocol as to how complaints will be dealt with under the new code of conduct and be requested to make the necessary amendments to the Council’s Constitution;

(iv)         that the existing independent members of the original Standards Committee be asked to continue to act as Independent Persons under the new arrangements until the recruitment of new Independent Persons has been completed;  and

(v)           that the Monitoring Officer in consultation with the Group Leaders be requested to carry out a review of the new code of conduct and protocol (to be adopted pursuant to (iii) above) after 6 months and if necessary provide a further report to Council should it be considered substantial amendment is required.

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

To consider a report on the above.

To note a report setting out details of a decision which was not included in the Forward Plan.

Members noted the submitted report on an executive decision (Innovation Centre Phase 3) which had not been included in the Forward Plan and had not been subject to call-in.