The meeting was opened with a prayer.

Apologies for absence were received from Councillors Butt, Morey, Richards and Thomas (J).  The Monitoring Officer advised that Councillors McPhail, James, Pentney and Tyerman would be joining the meeting after the adjournment and Councillor Faulkner (A) had given his apologies for the adjourned meeting.

To confirm as a correct record the Minutes of the meeting of the Council held on 25 September 2014.

The Minutes of the meeting of the Council held on 25 September 2014 were confirmed as a correct record and signed by the Chairwoman.

The following non-pecuniary interests were declared:

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.

No communications or announcements were reported at the meeting.

Members considered a motion in relation to a fairer tax system, notice of which was given in accordance with Standing Order A14.

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

this Council recognises that while many ordinary people face falling household income and rising costs of living, some multinational companies are avoiding billions of pounds of tax from a tax system that fails to make them pay their fair share.  Local governments in developing countries and the UK alike would benefit from a fairer tax system where multinationals pay their fare share, enabling authorities around the world to provide quality public services.  The UK Government must listen to the strength of public feeling and act now to end the injustice of tax dodging by large multinational companies in developing countries and the UK.

This Council therefore resolves to write to the Chancellor of the Exchequer urging that immediate action is taken to address this anomaly.

In accordance with Standing Order A14.3(a), the motion stood referred to the Mayor.

The Mayor advised that whilst he welcomed the motion, he considered that as this was a national issue it was more appropriate for him to write to Torbay’s two Members’ of Parliament requesting them to lobby the Government and requesting them to advise the Council of the actions taken.

To consider a report on the disposal of 13 assets which are surplus to the Council’s requirements.

The Council made the following recommendation to the Mayor:

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

(i)         that the Mayor considers any feedback received before the 30 September 2014 from Ward Members, the Local Access Forum (where appropriate) and the relevant Community Partnerships to the disposal of the 13 Assets listed in Appendix 1 to the submitted report;

(ii)        that the 13 Assets listed in Appendix 1 to the submitted report be declared no longer required for service delivery and that the Head of Commercial Services be requested to advertise their intended individual disposal in accordance with both the Council’s Community Asset Transfer Policy 2008 and where appropriate Section 123(2A) of the Local Government Act 1972;

(iii)       that, subject to any expressions of interest received from the Community and any objections received to any disposal advertised pursuant to S123 of the Local Government Act 1972 and subject to (i) above, the assets listed in Appendix 1 to the submitted report be individually disposed on such terms as are acceptable to the Executive Head of Commercial Services in consultation with the Chief Executive of Torbay Development Agency; and

(iv)       that the Executive Head of Commercial Services in consultation with the Chief Executive of the Torbay Development Agency be given delegated authority to consider any objections received on the advertisement of any of the proposed disposals pursuant to s123 of the Local Government Act 1972.

An amendment was proposed by Councillor Amil and seconded by Councillor Pountney:

That, in light of the consultation response from the Cockington, Chelston and Livermead Community Partnership, the disposal of open land at the rear of Sanford Road, Torquay (asset reference EM2457) be withdrawn.

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

The substantive motion was then before Members for consideration.

On being put to the vote, the substantive motion (the original motion with the withdrawal of asset reference EM2457) 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 the submitted report on the above.

The Council made the following recommendation to the Mayor:

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

to approve the submitted report and adopt the following recommendations in the Extreme Weather Resilience Report: Torbay 2013/14:

(i)         that Torbay Council continue to enhance partnership working through the Peninsular Rail Task Force and Network Rail to further develop resilience in the Far South West and ensure that information from the events of 2013/14 are shared to reduce the impacts of future extreme weather events;

(ii)        that Network Rail be recommended to prioritise future funding to improve resilience and connectivity to the far South West ensuring future strategic plans include the need to improve resilience to this area.  This should include plans to raise track heights and raise line-side equipment cabinets above track level on sections of track to reduce the vulnerability of the rail network, and additional passing places on the Waterloo Line to act as an alternative route should the need arise;

(iii)       in the event of major disruption to rail services, coordination arrangements over adjacent geographical areas are enhanced by Network Rail and Train Operating Companies;

(iv)       that Torbay Council continues to enhance partnership working with the Local Enterprise Partnership, South West Transport Authorities and the Highways Agency to develop a resilient strategic highway network funded with support from central government;

(v)        that Torbay Council acting as Lead Local Flood Authority facilitate new studies and undertake small scale flood risk management measures to tackle new recovery and resilience requirements, on top of the existing and planned programmes of work;

(vi)       that Government should consult Local Highway Authorities on a single set of criteria to be applied to emergency highway repair funding, to minimise the administrative burden when applying for funds at times of crisis;

(vii)      that Torbay Council develops a prioritised harbour repair programme with funding assistance from outside bodies;

(viii)     that Torbay Council further develop the resilience of Torbay’s coastline using the Flood Steering Group to enhance partnership working with the Environment Agency (EA) and South West Water;

(ix)       that Torbay Council supports tourism businesses through increased publicity and media campaigns during extreme weather events.  That Torbay Council also surveys the impact of future events on this sector;

(x)        that Torbay Council and the Torbay Coast and Countryside Trust work in partnership to identify ways in which Torbay’s green infrastructure can reduce and slow flooding during extreme weather events;

(xi)       that Torbay Council supports the development of the Environment Agency Flood Warden initiative;  and

(xii)      that Torbay Council explores ways of sharing information in real time between emergency response teams during emergency events, for example using ‘Resilience Direct’.

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:  During consideration of Minute 87, Councillor Doggett declared his non-pecuniary interest.)

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

Members received a paper detailing the questions, attached to the agenda, notice of which had been given in accordance with Standing Order A13.

Verbal responses were provided to Questions 1, 4, 5, 6, 7, 8 and 9 with the remaining questions being answered at the adjourned meeting.  Supplementary questions were then asked and answered in respect of the questions.

(Note:  Please also refer Minute 102 below.)

To consider adjourning the meeting until 5.30 p.m.

At this juncture, the meeting was adjourned until 5.30 pm on Thursday 30 October 2014.

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

(a)      Petition to Save Torbay’s Countryside - Restore funding for Torbay Coast & Countryside Trust in 2014/15 to £193k and in 2015/16 to £183k

Approximately 331 e-signatures and 2,632 written signatures from residents and people who work or study in Torbay.  In accordance with Standing Orders the petition will be considered at this meeting.

(b)      Reduce and stop development of more services for substance abuse near Torquay Town Centre

Approximately 48 e-signatures from residents and people who work or study in Torbay.  At the request of the petitioner organiser this petition will be presented to the meeting.

In accordance with Standing Order A12, the Council received a petition requesting the Council to save Torbay’s countryside by restoring funding for the Torbay Coast and Countryside Trust in 2014/15 to £193,000 and in 2015/16 to £183,000 (approximately 331 e-signatures and 2,632 written signatures from residents and people who work or study in Torbay). 

At the invitation of the Chairwoman, Jill Ward addressed the Council.

The Chairwoman advised that, under the Council’s Petition Scheme, as the petition had reached the 1,000 signature threshold it was subject to debate by the Council.

The Monitoring Officer outlined the options open to the Council.

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

(i)         that the petitioners be thanked for presenting their petition to the Council;

(ii)        that an increase in the payment to Torbay Coast and Countryside Trust of £32,000 for 2014/15 be identified from the Comprehensive Spending Reserve;  and

(iii)       that, following the decision of the Council in February 2014 to reduce the Torbay Coast and Countryside Trust budget by £50,000 for 2015/16 and in response to the petition, this decision be reversed and an additional £21,400 be allocated so that the budget for Torbay Coast and Countryside Trust in 2015/16 is set at £183,000.

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

(Note:  During consideration of Minute 90, Councillor Tyerman declared a non-pecuniary interest as he was a Trustee of Torbay Coast and Countryside Trust and a Director of Torbay Coast and Countryside Enterprises Ltd.)

In accordance with Standing Order A12, the Council received a petition requesting the Council to not allow services to set up near Torquay town centre that would encourage people with drug addiction issues needing to be in the town (approximately 48 e-signatures from residents and people who work or study in Torbay).

At the invitation of the Chairwoman, Mr Hayward, addressed the Council in relation to the petition.

The Chairwoman advised that the petition would be referred to the Director of Public Health for consideration in consultation with the Executive Lead for Health and Wellbeing.

In accordance with Standing Order A24, the Council heard from Mr Long who had submitted a question in relation to fly-tipping at the Coach Station, Lymington Road, Torquay.  The Executive Lead for Safer Communities, Highways, Environment and Sport responded to the question that had been put forward.  The Executive Lead for Strategic Planning, Housing, Energy and Environmental Policy then responded to a supplementary question asked by Mr Long as it fell within his portfolio.

In accordance with Standing Order A24, the Council heard from Mr Long who had submitted a question in relation to flooding at Torre Marine, Torquay.  The Executive Lead for Safer Communities, Highways, Environment and Sport responded to the question that had been put forward, plus a supplementary question asked by Mr Long.

To consider a report setting out the Mayor’s draft savings proposals for 2015/2016 which, if approved, would form the basis of the budget which the Council will be asked to approve in February 2015.

The full revised savings proposals are available on the Council’s website at www.torbay.gov.uk/finalpropsals1516.pdf.

Members considered the recommendations of the Mayor in relation to the savings proposals for 2015/2016 as out in the submitted report.  The proposals included a number of changes which had been made following the Mayor’s publication of his original proposals on 12 September 2014.  It was noted that, if approved, the savings proposals would form the basis of the budget proposals which would be presented to the Council in February 2015.

In accordance with legislation, the Chairwoman advised recorded votes would taken on the motion and amendments.

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

that the savings proposals for 2015/2016, as set out in the submitted report, (which build upon the decisions made by the Council in February 2014) be approved and form the basis of the budget which the Council will be asked to approve in February 2015. 

In accordance with Standing Order A14.4, an amendment was proposed by Councillor Darling and seconded by Councillor Ellery:

(i)         that the Mayor be requested to delay these Savings Proposals to the Council meeting on 5 February 2015 to allow consideration of the following:

(a)       the announcement of the Local Government Finance Settlement for 2015/16, to enable officers to incorporate any risk arising from any significant change in the settlement;  and

(b)       the reserves applied to transitional funding for Connections, ERTC, museums, No. 25 Bus route and CCTV (amounting to approximately £264,500) to enable officers to work up more substantive proposals for the longer term solutions for these service areas.  This will give the Council more confidence in the service that it will be able to provide local communities.

(ii)        that, following the joint letter from the Liberal Democrat Group, Non-Coalition Group and Labour member to the Mayor setting out objections to the Mayor’s initial Savings Proposals in September 2014, that to date the concerns and objections listed below remain unaddressed and therefore remain:

(a)       Removal of Street Lights

The Council objects to the removal of street lighting in Torbay for the following reasons:

·        A full risk assessment needs to be undertaken

·        The Police have stated that more lighting is needed to deal with crime and anti-social behaviour.

·        The Council is likely to suffer from accident claims if residents fall in darkened streets, where there are poorly maintained pavements and roads;

(b)       Cuts to Adult Social Care

The Council objects to the additional budget cuts to Adult Social Care for the following reasons:

·        There is insufficient evidence to demonstrate that the cuts contained within the report are achievable and no evidence at all as to the level of service which will remain for the elderly or vulnerable.

·        The decision to cut many areas within this service is premature without in many cases seeing the results of Consultations or Equality Impact Assessments;

(c)        Riviera International Conference Centre (RICC)

Despite the further reduction of £25,000, the Council objects to the Mayor’s budget for a continued high subsidy for the RICC.  The Council further objects that there has been  ...  view the full minutes text for item 94.

To consider a report setting out challenges and increased demands Torbay Council Children’s Services have faced over the last few years.

The Council considered the submitted report setting out a five year cost reduction plan for Children’s Services through investment in a number of work packages to reduce the costs within the Safeguarding and Wellbeing Service, including reducing the numbers and costs of children looked after.  Members noted that the proposed investments required earmarked reserves of up to £5.1 million.

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

That Council agree to:

(i)         approve the 5 year financial strategy for Children’s Services – Safeguarding and Wellbeing;

(ii)        fund the projected overspend: in 2015/16 (£2.3m) and 2016/17 (£1.1m) from reserves as set out within the submitted report;

(iii)       note the forecast overspend of £1.4m in 2014/15 which will be managed by in-year savings;

(iv)       move the £2 million social care contingency into the Children’s Services base budget (Safeguarding & Wellbeing) in 2014/15 and future years;

(v)        the improvement actions as recommended by Social Finance as set out within the submitted report;

(vi)       the Director of Children’s Services and the Children’s Services Finance Manager reporting back to the Mayor and the Executive Lead for Children’s on a quarterly basis and present updated reports to the Overview and Scrutiny Board on performance both operational and financial;

(v)        the repayment of reserves as set out within the submitted report;

(vi)       the strict performance management mechanism for the changes as set out in the submitted report;

(vii)      the new Head of Safeguarding Children is a joint appointment with Health and Torbay Council. This post will be funded from within existing resources but will link together the two key providers of safeguarding services and extend the scope to shape new alternative options for children in the statutory system in the future;  and

(viii)     the implementation of Family Functional Therapy (FFT) using a special purpose vehicle (SPV) and the associated setup costs of approximately £0.2m funded from corporate reserves (as set out at Appendix 4 of the submitted report).

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

To consider a report on the review of the Council’s reserves and any recommendations from the Overview and Scrutiny Board.

The Council considered the submitted report on a review of the Council’s financial reserves.  Members noted that the requirement for reserves linked to legislation which obliged councils to have regard to the level of reserves needed to meet future expenditure when calculating the budget for service delivery and improvements, as well as in year budgetary pressures including pressures from the Government’s ongoing reductions in funding.

The Chairwoman reported that the views of the Overview and Scrutiny Board where circulated on 28 October 2014.

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

(i)         that Council approve the transfer of £3.4m identified on a number of individual reserves (see paragraph A2.9 of the submitted report) to the Children’s Services 5 year Strategy Reserve;

(ii)        that Council note the repayment of the £3.4m by Children’s Services from future year budget allocations for Children’s Services based on the repayment schedule identified in paragraph A2.6 of the submitted report;

(iii)       that Council note the, previously approved, use of £1.5m of PFI Reserve during 2014/15 by Children’s Services which is also due to be repaid by Children’s services;  and

(iv)       that Council note the significant financial pressures facing the Council in 2014/15, 2015/16 and in future years, and consider during the 2015/16 budget process the allocation of additional funds to the Comprehensive Spending Review Reserve and/or the General Fund Reserve.

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

To consider the submitted report on the above.

Members received a review of parking charges and enforcement activity and options to recover the potential budget deficit for 2014/15, as set out in the submitted report.

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

(i)         that the Council approve Option 3 as set out within the officer report at paragraph 5.3 with the addition of £2 charge to apply after 10 am to be introduced from 1 December 2014 until 1 May 2015;  and

(ii)        that the winter charges for on street parking, previously approved by Council, be confirmed to apply from 1 November 2014 to 1 May 2015.

In accordance with Standing Order A19.4, a recorded vote was taken on the motion.  The voting was taken by roll call as follows: For: the Mayor, Councillors Addis, Amil, Barnby, Brooksbank, Excell, Hernandez, Hill, Hytche, Kingscote, Lewis, McPhail, Mills, Pritchard, Scouler, Thomas (D) and Tyerman (17); Against: Councillors Baldrey and Stockman (2); Abstain: Councillor Bent, Cowell, Darling, Davies, Doggett, Ellery, Faulkner (J), James, Parrott, Pentney, Pountney, Stocks and Stringer (13); and Absent: Councillors Butt, Faulkner (A), Morey, Richards and Thomas (J) (5). Therefore, the motion was declared carried.

To consider a report on the above policy.

The Council considered the submitted report on a review of the Community Safety Business Unit’s Enforcement and Prosecution Policy.  It was noted that the policy had been reviewed in light of recent statutory guidance and ensured fair and effective enforcement to protect economic interests and the health, safety and welfare of the public, businesses and the environment.

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

that the Enforcement and Prosecution Policy 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 the submitted report on the above.

The Council received the submitted report on the review of polling districts, polling places and polling stations 2014 which ensured all polling stations were suitable for all types of elections and to comply with the requirements of the Electoral Registration and Administration Act 2013.

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

that the recommendations of the Electoral Registration Officer and Polling Review Working Group as set out below be approved:

(i)         that the following polling stations be amended as stated:

(a)       that a replacement polling place/polling station be created at St Mathews Church, top of Walnut Road, Torquay, TQ2 6JA for polling district BB and the boundary of BB be moved to include St Matthews Road (49 properties), Vicarage Road (26 properties), Brooklands Lane (3 properties) and Rawlyn Road (68 properties) (from BE);

(b)       that a replacement polling place/polling station be created at Brunel Manor, Teignmouth Road, Torquay, TQ1 4SF for polling district HA;

(c)        that a replacement polling place/polling station be created at the rear of Dunboyne Court, 170 St Marychurch Road, Torquay, TQ1 3AB for polling district HC;

(d)       that Riviera Life Church becomes the permanent polling place/polling station for polling districts MC and MD;

(e)       that St Boniface Church Hall, Belfield Road, Paignton, TQ3 3UY becomes a new double polling place/polling station for polling districts AA and AB;

(f)         that the Old Monastery, Berry Drive, Paignton be reinstated as a polling place/polling station for polling district CB;

(g)       that Time Out Coffee Shop becomes the permanent polling place/polling station for polling district IA;

(h)        that the Paignton Club becomes the permanent polling place/polling station for polling districts RB and RC;

(i)            that Brixham Rugby Club becomes the permanent polling place/polling station for polling districts JA and JB and that the Returning Officer ensures that both sides of the bar are used for large elections;

(j)         that a replacement polling place/polling station be created in the Lecture Room, Brixham Hospital, Greenswood Road, Brixham, TQ5 9XW for polling district SC. 

(k)        that a replacement polling place/polling station be created at St Mary’s Park Bowling Club, St Marys Park, Upton Manor Road, Brixham, TQ5 9RD for polling district SD and the boundary of SD be moved to include Pensilva Park (11 properties), Stoneacre Close (21 properties) and Vicarage Road (11 properties) (from SC); and

(l)         that a replacement mobile polling place/polling station be created in the DFS car park at the Willows Retail Park, Nicholson Road, Torquay, TQ2 7TD for polling district TB;

(ii)        that the following polling districts be combined into a single polling district:

·        AE and AE A – become AE;

·        CA and CA A – become CA; and

·        CC and CC A – become CC;

(iii)       that for Parliamentary Elections the Church Hall at St George’s Hall, Barn Road, Paignton be used as a polling station for polling district IB – Torbay Constituency and the side accessible entrance of St George’s Church be used as a polling station for polling  ...  view the full minutes text for item 99.

To consider a report on the review of political balance.

The Council considered the submitted report on a change in political balance following notification that Councillor Baldrey wished to be a member of the Non-Coalition Group.

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

that the overall political balance of the committees, as set out in Appendix 1 to the submitted report, be approved.

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

To receive an amendment to the composition and constitution of the Mayor’s Executive, together with a revised record of delegations of Executive Functions (in accordance with Standing Order C4.2(a).

Members noted the submitted report which provided details of changes made by the Mayor to his Executive.

Members received the remaining questions, as attached to the agenda, notice of which had been given in accordance with Standing Order A13.

Verbal responses were provided to questions 2, 3, 10, 11, 12, 14, 15, 16 and 17.  Supplementary questions were then asked and answered in respect of questions 3, 10, 11, 12, 15 and 16.

The Chairwoman requested the Executive Lead for Harbours, Culture and the Arts to provide a written response to Councillor Morey as he was not present at the meeting.

(Note: Please also refer to Minute 88 above.)