The meeting was opened with a prayer.

Apologies for absence were received from Councillors Bent and McPhail.

To confirm as a correct record the minutes of the meeting of the Council held on 5 December 2013.

The Minutes of the meeting of the Council held on 5 December 2013 were confirmed as a correct record and signed by the Chairman.

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

The Chairman:

1.         thanked all those who sponsored him to take part in the Boxing Day Dip at Torquay. The funds raised were donated to RNLI, the Motor Neurone Disease Association and the RAF Air Training Corps;  and

2.         advised that he had received a petition of approximately 3,000 signatures (including online signatures) for a ‘Save our Services’ campaign and this would be forwarded to the relevant officer.

The Mayor reported on the recent storm damage experienced in Torquay and Dawlish, which included his response to the urgent question submitted by Councillor Cowell:

The Mayor had visited the sites where damage had incurred at Meadfoot Beach and Torquay Seafront and discussed with traders the damage at Oddicombe Beach.  He also advised that he had visited Dawlish to inspect the damage caused by the storms to the railway and expressed sorrow for those residents whose homes had been affected. 

The Mayor stated that these storms were possibly the worst in living memory.  With more storms predicted for the coming weekend, the Mayor considered there was an urgent need to be reactive at low tide to put in place repairs quickly to limit further damage. 

The Mayor referred to the funds available from the Government and the changes to the Bellwin Fund which would enable better accessibility to bid for funding.  A bid for Haldon Pier was being considered. 

The Mayor then outlined the actions he had taken working in partnership with colleagues in Cornwall, Plymouth, Devon County and Somerset County Councils, the meeting held with local Members of Parliament and advised of the meeting to be held with the Transport Secretary.

To respond to the attached 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.  The Chairman also reported that he had accepted an urgent question under Standing Order A13.2(ii) which was tabled at the meeting.

Verbal responses were provided at the meeting (the urgent question was answered by the Mayor under Minute 103).  Supplementary questions were then asked and answered in respect of questions 1 and 2 and the urgent question.

Members considered a motion in relation to the minimum wage, notice of which was given in accordance with Standing Order A14.

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

This Council supports the suggestions made by Chancellor George Osborne that the UK economy can support a significant rise in Minimum Wage to reinstate the purchasing power of the Minimum Wage to the level before the financial crash in 2008.

Recognising that there are many residents in Torbay who are paid at Minimum Wage and who would receive significant benefit from a restoration of its purchasing power to 2007 levels, Council instructs the Executive Director of Operations and Finance to write to the Low Pay Commission, who make recommendations on wage rates, to give support to the proposals presented by the Chancellor.

In accordance with Standing Order A14.3(a), the motion stood referred to the Mayor.  The Mayor advised he would accept the motion and the record of his decision is attached to these Minutes.

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

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

This Council notes the appalling consequences of tuberculosis in cattle for farmers and farming communities and that the scientific evidence for a pilot cull of badgers to control TB is split and further notes that the pilot culls have failed to kill their target of badgers within the cull period.

This Council notes that the cost of £4121 per animal with a total cost of more than £7 million according to Care for the Wild, is an unsustainable drain on the treasury.  

This Council calls on our Members of Parliament to oppose any extension of the cull to other areas and resolves not to allow any pilot culls to take place within the boundaries of Torbay and instructs the Executive Director of Operations and Finance to notify the Secretary of State for Environment Fisheries and Food as well as our MPs accordingly.

In accordance with Standing Order A14.3(a), the motion stood referred to the Mayor.  The Mayor considered that, although he did not support badger culls, at the present time there was not a problem of badgers and tuberculosis in Torbay and therefore rejected the motion.

To consider the submitted report on a proposed joint partnership agreement with the South Devon Healthcare NHS Foundation to fund improvements to provide additional visitor and staff parking on the Torbay Hospital site.

The Council considered the submitted report on an ‘in principle’ proposal to enter into a joint partnership agreement with the South Devon Healthcare NHS Foundation Trust to fund improvements to provide additional visitor and staff parking on the Torbay Hospital site.  The report also set out proposals for the Council to manage the enforcement of parking on the site for the next ten years.  The Chairman advised that a revised officer recommendation had been tabled.

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

(i)         that the Council, agrees in principle, to make available up to £1.7 million funding through prudential borrowing to provide increased surface level parking on the Torbay Hospital site:

(a)       subject to a business case being submitted by the Residents and Visitor Service (RVS) that is satisfactory to the Executive Director of Operations in consultation with the Mayor and Executive Head for Finance. Such business case to be approved by a future meeting of the Full Council and is approved by the Board of the South Devon Healthcare NHS Foundation Trust (SDHFT), to enable delivery of the car parking project at the Torbay Hospital site with the borrowing costs to be funded from increased income at the Torbay Hospital site;  and

(ii)        That, subject to the approval of the business case as outlined in (i) (a) above, the Director of Place be given authority, in consultation with the Executive Head of Finance and the Executive Lead for Safer Communities, Parking and Sport to enter into a 10 year Joint Partnership Agreement (or other suitable legal structure) with the South Devon Healthcare NHS Foundation Trust (SDHFT) to fund an increase in parking spaces on the Torbay Hospital site and to provide enforcement to all car parks over the next ten years.

(a)       subject to the operational business case including the payment of the Council’s interest and repayment costs of borrowing and is approved by the Board of the South Devon Healthcare NHS Foundation Trust (SDHFT).

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

That consideration of the report be deferred to allow time to work up an options appraisal.

In accordance with Standing Order A19.4, a recorded vote was taken on the amendment. The voting was taken by roll call as follows: For:  Councillors Addis, Baldrey, Cowell, Darling, Davies, Doggett, Ellery, Faulkner (A), Faulkner (J), James, Morey, Pentney, Pountney, Stocks, Stockman, Stringer and Tyerman (17); Against: the Mayor, Councillors Amil, Barnby, Brooksbank, Excell, Hernandez, Hill, Hytche, Kingscote, Lewis, Mills, Pritchard, Richards, Scouler, Thomas (D) and Thomas (J) (16); Abstain:  Councillors Butt and Parrott;  and Absent: Councillors Bent and McPhail (2). Therefore, the amendment was declared carried and became the substantive motion before Members for consideration.

In accordance with Standing Order A19.4, a recorded vote was taken on the substantive motion. The voting was taken by roll call as follows: For:  Councillors Addis, Baldrey, Cowell, Darling, Davies, Doggett, Ellery, Faulkner (A), Faulkner (J), James, Morey, Pentney,  ...  view the full minutes text for item 107.

To consider the submitted report on the proposed improvement scheme for the junction of Kings Ash Road and Spruce Way, Paignton.

Members considered the submitted report on a proposal to make a compulsory purchase order for land required for the junction improvement scheme at Kings Ash Road/Spruce Way in Paignton, in order for it to be acquired if agreement could not be reached with the land owners.

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

(i)         that negotiations with the landowners for acquisition of the land required for the scheme be commenced to completion and to acquisition by agreement when possible;

(ii)        that authority be delegated to the Executive Head of Commercial Services to make a Compulsory Purchase Order for the land required for the Kings Ash Road/Spruce Way Junction Improvement Scheme affecting land adjacent to Kings Ash Road in accordance with the following:-

(iii)       that Torbay Council makes a Compulsory Purchase Order under sections 239, 240, 249, 250 and 260 of the Highways Act 1980 for the acquisition of all interests in the land (except those already owned by the Council) and new rights within areas shown (shaded pink for areas of land in respect of which all interests are to be acquired and shaded blue for the areas over which new rights are to be acquired) on plan number 8/09/12_04, attached as Appendix 1 to the submitted report for the purpose of highway improvement;

(iv)       subject to approval of (ii) above, that the Executive Head of Commercial Services be authorised to:-

(a)       take all necessary steps to secure the making, confirmation and implementation of the Compulsory Purchase Order including the publication and service of all notices and the presentation of the Council’s case at any Public Inquiry;

(b)       acquire interests in land and new rights within the Compulsory Purchase Order either by agreement or compulsorily; and,

(c)        approve agreements with land owners setting out terms for the withdrawal of objections to the Order, including where appropriate seeking exclusion of land or new rights form the Order;  and

(v)        That detailed design and preparation of proposals continue for the junction improvement scheme with new access in order that a scheme can be implementedby a future developer(s) of Phase 2 (not Torbay Council), following acquisition of all required sections of land.

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

To approve the terms of Reference for the Health and Wellbeing Board, which were previously listed in the Article 16 of the Constitution.

The Council considered the terms of reference for the Health and Wellbeing Board for inclusion in the Council’s Constitution.

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

to approve the terms of Reference for the Health and Wellbeing Board as set out in the submitted report.

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

To consider the recommendations of the Mayor on the Revenue Budget Proposals for 2014/15.

(Note:  This item will be deferred for consideration at an adjourned meeting of the Council to be held on Thursday, 13 February 2014.)

At the invitation of the Chairman, the Mayor outlined his budget proposals for 2014/15.

A copy of the record of decision setting out the recommendations of the Mayor in respect of the budget proposals (both revenue and capital) is attached to these Minutes.

The Chairman advised that in accordance with Standing Orders F2.13 and F3.12 in relation to the Budget and Policy Framework this item was referred to an adjourned meeting of Council to be held on 13 February 2014 to enable full consideration to be given to the implications of the proposals set out in the report circulated on 6 February 2014.

In accordance with the Council’s Standing Orders (A9.1) to select, by elimination ballot, the Chairman/woman-Elect and Vice-Chairman/woman-Elect for the Municipal Year 2014/15.

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 2014/15.

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

That Councillor Barnby be selected as Chairwoman (Elect) for the 2014/15 Municipal Year.

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

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

That Councillor Hill be selected as Vice-Chairman (Elect) for the 2014/15 Municipal Year.

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

At this juncture, the Chairman adjourned the meeting to 5.30 pm on Thursday 13 February 2014.