The meeting was opened with a prayer.

An apology for absence was received from Councillor Barnby.

To confirm as a correct record the minutes of the meeting of the Council held on 26 September 2013.

The Minutes of the meeting of the Council held on 26 September 2013 were confirmed as a correct record and signed by the Chairman.

The following non-pecuniary interests were declared:

Anne-Marie Bond declared a personal interest as appointment of Monitoring Officer in Minute 98.

To receive any communications or announcements from the Chairman, the Mayor, the Overview and Scrutiny Co-ordinator or the Executive Director of Operations and Finance.

The Chairman:

1.    thanked all those involved in supporting the free trial to the webcast this Council meeting.  The local businesses and partners included Curtis Goss from pano360, Nick Ellison from nickellison.net, Rob Watson from ESW Solutions Ltd, Stephen Ellison from iRize Productions, South Devon College (whose students controlled the cameras) and the Herald Express, all of whom donated their digital expertise and/or equipment to allow the Council to trial the webcast for free;

2.    advised members that the Chairman’s Tea Dance and Cabaret held on 6 November 2013 at the Redcliffe Hotel, Paignton raised £303 for the Chairman’s chosen charity, the Motor Neurone Disease Association (Torbay).  The Chairman thanked all those who attended and contributed;

3.    thanked all those who attended the Civic Church Service which was held on 6 October 2013;

4.    invited members to the Civic Carol Concert which was due to be held on 10 December 2013 at the Riviera International Conference Centre;  and

5.    announced that Anthony Butler, the Council’s Monitoring Officer was leaving the Council at the end of this year.  On behalf of the Council, the Chairman thanked Mr Butler for his hard work, the fair and common sense approach he brought to the role and wished him well for the future.

The Mayor:

1.         advised that the Council was to undertake a review of the Allocations Policy for access and priority to social housing.  He added that the Localism Act 2011 had introduced changes in relation to both homelessness and allocations, resulting in councils no longer being required to keep an open housing register and were able to restrict access to the register for social housing.  A public consultation was due to be launched on 9 December 2013 and would specifically include those impacted by the proposed changes to the Policy.  The final proposed Allocations Policy would be presented to Council on 27 February 2014;

2.         was pleased to announce that the Council had awarded the contract to install a new pontoon mooring system in Torquay’s inner harbour to a local contractor.  It was anticipated the work would commence in January 2014 with a completion of the 173 berth facility by April 2014;

3.         advised members that the Council had awarded a ground-breaking contract for the new all-year round ferry service between Brixham and Torquay, which would be introduced next Autumn 2014.  The contract had been funded by the local sustainable transport fund through the Department for Transport;  and

4.         had great pleasure to announce the breaking news that an agreement had been reached between Plymouth University and Astra Zeneca for the future of the site in Brixham.  The Mayor had been involved in the negotiations and the full details would emerge over the next few days.

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)        requesting traffic calming for Jacks Lane (approximately 34 signatures);

(ii)       requesting the introduction of a school crossing patrol for the three schools, Watcombe Primary, Combe Pafford and Mayfield (approximately 243 signatures);  and

(iii)      requesting Well Street to be permanently closed (approximately 43 signatures).

The Chairman reported that the petitioners had requested their petitions be submitted direct to the decision-makers and therefore, they would be considered by the Service Manager Street Scene in consultation with the Executive Lead Member for Highways, Transport and Environment.

In accordance with Standing Order A24, the Council heard from Mr Long who had submitted a statement and question in relation to the landslip at Lymington Road, Torquay.  The Executive Lead for Highways, Transport and Environment responded to the statement and question that had been put forward, plus a supplementary question asked by Mr Long.

In accordance with Standing Order A24, the Council heard from Mr Long who had submitted a statement and question in relation to the former B & Q site in Torre, Torquay.  The Executive Lead for Strategic Planning, Housing and Energy responded to the statement and question that had been put forward, plus a supplementary question asked by Mr Long.

To respond to the submitted questions asked under Standing Order A13.

Members received a paper detailing the questions, as attached to the agenda, 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 in respect of questions 1, 2, 3, 6, 8, 9, 11, 12, 13 and 14.

Members considered a motion in relation to public consultation on a change to Council’s governance system, 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 in order to change its present system of governance it is required to hold a referendum of Torbay’s electorate;

·        the earliest any referendum can be held is July 2015 which is after the next local elections;

·        any referendum can only specify one alternative system of governance (i.e. committee system or leader and cabinet);  and

·        any referendum will incur a cost to the Council.

Therefore, this Council resolves that the Executive Head Business Services be requested to undertaken a public consultation exercise to determine:

(a)       Whether the public wish to change the present mayoral system of governance;  and

(b)       If so, what the preferred system of governance would be.

In accordance with Standing Order A14.3(a), the motion stood referred to the Mayor.  The Mayor did not accept the motion as he considered it was premature and there should be an opportunity for the public to express their views following the local and mayoral elections in May 2015.

Members considered a motion in relation to the development of a Tourism Business Improvement District 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 the success of the English Riviera Tourism Company in promoting tourism and raising standards of tourism in the Bay. 

This Council also notes the significant financial stress that Torbay Council faces in the next few years. 

In light of the above, this Council opposes the development of a bay wide Business Improvement District and will instead establish a Tourism Business Improvement District for Torbay to ensure the long term financial stability for the English Riviera Tourism Company. 

In accordance with Standing Order A14.3(a), the motion stood referred to the Mayor.  The Mayor referred the motion to the Place Policy Development Group to enable wider examination and to identify further potential economic benefits for the Bay.

To consider the submitted report on the above.

The Chairman advised that an amended officer recommendation had been tabled.  The Council made the following recommendation to the Mayor:

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

That the Mayor be recommended:

(i)         To approve the implementation of Future State processes, organisational structures and auditing of the contract to contribute towards a target of £930,500 in savings between Torbay Council, TOR2 and other contractors. The target savings breakdown as follows:

·        TOR2 - £369,000 (50% to Torbay Council)

·        Torbay Council, Resident & Visitors: £521,500

·        Torbay Council, Contact Centre: £40,000

·        Other departments: To be determined.

(ii)        To delegate authority to the Director of Place in consultation with the Mayor and Executive Leads to align the organisational structure of the Council to Future State processes to meet resource and efficiency savings. In this regard:

·        It is recommended that the management of all property Assets, including Highways and Street Scene, are centralised under Torbay Development Agency by April 2015.

·        It is recommended that the Council Structure will mirror the changes that TOR2 have made in aligning the business around work types – Ordered/Programmed, Reactive and Cyclical work.

·        It is recommended that the calls relating to TOR2 are moved from the Torbay Contact Centre and are taken by the TOR2 Control Hub.

(iii)       That Torbay Council and TOR2 continue working towards the current performance standards and implement a process of continual performance improvement and auditing of the Joint Venture.

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 a report on the above.

The Council made the following recommendation to the Mayor:

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

That the Council enters into a land swap with Abacus Project Limited.  Namely: Council to transfer the PLUSS site at Whiterock in return for the transfer of Abacus Project Limited’s site fronting onto Brixham Road.

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 a report setting out proposals for PLUSS and future arrangements.

The Council made the following recommendation to the Mayor:

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

(i)        that PLUSS is sold to Turning Point upon the terms as outlined in the submitted report; and

(ii)        that the Executive Head Finance be delegated the authority to agree all necessary documentation to enable the sale of PLUSS to be completed.

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.

(Note:  Prior to consideration of Minute 91, Councillor Stocks declared her non-pecuniary interest.)

To consider the submitted report setting out the draft Port Masterplan for Tor Bay Harbour.

The Council considered the recommendation of the Harbour Committee (as set out in the submitted report) for the adoption of the Port Masterplan for Tor Bay Harbour as part of the Council’s Policy Framework.  An additional officer recommendation was tabled at the meeting.

It was proposed by Councillor Amil and seconded by Councillor Hytche:

(i)         that, in accordance with the recommendation from the Harbour        Committee, the Council approve the Port Masterplan for Tor Bay Harbour, as currently shown on the Harbour website - http://www.torbay.gov.uk/portmasterplan;

(ii)        that the Council approves the adoption of the Port Masterplan for Tor Bay Harbour as part of the Council’s Policy Framework;  and

(iii)       that the Executive Head of Tor Bay Harbour Authority, in consultation with the Chairman of the Harbour Committee, be given delegated authority to make any necessary amendments to the Port Masterplan for Tor Bay Harbour in light of the new Marine Conservation Zones.

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

To consider the submitted report setting out the draft Annual Pay Policy Statement.

The Council considered the submitted report setting out the Council’s Annual Pay Policy Statement as required under Section 38 (1) of the Localism Act 2011. It was noted that the Policy drew together the Council’s overarching policies on pay and conditions which would be published on the Council’s website.

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

It is recommended that Council approve the Torbay Council Annual Pay Policy Statement in order for the Council to be compliant with Section 38 (1) of the Localism Act 2011.

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

To consider a report setting out the Localised Council Tax Support Scheme for 2014/15.

Members considered the submitted report on proposals for up-rating the current Council Tax Support Scheme for 2014/15.  It was noted that the report was submitted in response to the Department of Communities and Local Government’s advice that if the Council did not agree its own local scheme for 2014/15 then its scheme for 2013/14 would continue.  A revised officer recommendation was tabled at the meeting.

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

(i)         that the Torbay Council Tax Reduction Scheme 2014/15, as set out in appendix 4 to the submitted report be approved;

(ii)        that the applicable amounts and non dependant deductions in the 2013/14 scheme be up-rated in order to calculate Council Tax Support from 1 April 2014, and

(iii)       that authority be delegated to the Executive Head of Finance, in consultation with the Executive Lead Member for Finance, to make any further adjustments required to the 2014/15 Council Tax Support scheme, the Exceptional Hardship Policy and Fund and the Vulnerable policy.

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

To consider a report on the above

Members considered the submitted report which set out the Council’s tax base for council tax purposes for 2014/15.

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

(i)          that the calculation of the Council Tax Base for the year 2014/15 be approved as shown in Appendix 1 of the submitted report;

(ii)         that the calculation of the Brixham Town Council Tax Base for the year 2014/15 be approved as shown in Appendix 2 of the submitted report;

(iii)        that, in accordance with the Local Authorities (Calculation of Tax base) (England) Regulations 2012, the amount calculated by Torbay Council as its Council Tax base for the year 2014/15 should be41,713.28;

(iv)        that, in accordance with the Local Authorities (Calculation of Tax base) (England) Regulations 2012, the amount calculated by Torbay Council as the Council Tax base for Brixham Town Council for the year 2014/15 should be 5,633.38;  and

(v)         that the approval of the estimated distribution on the Collection Fund for both Council Tax and Non Domestic Rates for the next financial year and following years is delegated to the Chief Finance Officer and subsequently distributed to all Members as part of the budget proposals.

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

To consider the report setting out the projected outturn for the Council’s Revenue Budget for 2013/2014 as at the end of Quarter 2.

The Council noted the current projected outturn for the Revenue Budget 2013/2014 based on quarter 2 information, as set out in the submitted report.  The Chairman advised that the views of the Overview and Scrutiny Board had been circulated on 4 December 2013 and had been referred to the Mayor for him to respond to accordingly.

To consider the Capital Monitoring report for 2013/14 under the Authority’s agreed budget monitoring procedures.

The Council considered the submitted report setting out an overview of the Council’s approved Capital Investment Plan for quarter two. The report provided details of capital expenditure and funding for the year compared with the latest budget position reported to the Council in February and July 2013.

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

(i)        that Council note the latest position for the Council’s Capital expenditure and funding for 2013/14;

(ii)       that Council approve £0.515m to invest in energy saving measures in street lighting funded from prudential borrowing to be repaid from future savings in energy and maintenance costs;  and

(iii)      that Council approve the revisions to the Capital Investment Plan and its funding as outlined in paragraphs 4.7 of the submitted report.

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

To confirm the appointment of Anne-Marie Bond as Monitoring Officer from 2 January 2014.

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

that the following statutory officer appointment be confirmed:

Monitoring Officer – Anne-Marie Bond (from 2 January 2014)

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

(Note:  Prior to consideration of Minute 98, Anne-Marie Bond declared her personal interest.)

To note the schedule of Executive decisions to which the call-in procedure does not apply.

Members noted the submitted report setting out the executive decision taken (2014-20 European Structural and Investment Fund Strategy) to which the call-in procedure did not apply.