The Chairwoman gave apologies from her Chaplain and opened the meeting with a minute’s silence for personal reflection.

Apologies for absence were received from Councillors Addis, Baldrey, Butt, James, Stringer, Thomas (J) and Councillors Bent and Kingscote would be joining the meeting after the adjournment.

To confirm as a correct record the Minutes of the meetings of the Council held on 5 February and the adjourned meeting held on 12 February 2015.

The Minutes of the meeting of the Council held on 5 February and the adjourned meeting held on 12 February 2015 were confirmed as a correct record and signed by the Chairwoman.

The following non-pecuniary interests were declared:

The Monitoring Officer reported that senior officers had declared personal interests in respect of Minute 170.  Caroline Taylor declared a personal interest in respect of Minute 166 as her mother is in receipt of care.  Anne-Marie Bond declared a personal interest in respect of Minute 177 as she was being appointed as a Deputy Electoral Registration Officer.

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 Chairwoman announced that she had been presented with a cheque for £1,709 from the Rotary Club of Babbacombe and St Marychurch for funding raised for her charities over the past year - Devon In Sight and Torbay Disability Support and thanked everyone for their kind donations.

The Mayor advised that there were over 40 successful recipients who would benefit from the Mayor’s Fund this year, which would be announced to the public next week.

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.  The Chairwoman advised that Question 10 had been withdrawn.

Verbal responses were provided at the meeting.  Supplementary questions were then asked and answered in respect of the questions.

Members considered a motion on a proposed amendment to the Constitution in relation to Civic and Ceremonial Precedence, notice of which was given in accordance with Standing Order A14.

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

Under the Council’s current governance arrangements, the Mayor is the First Citizen of the Borough and takes precedence as he/she deems appropriate to undertake such civic and ceremonial duties.  The Chairwoman of the Council acts as the Council’s second citizen (after the Mayor) and will undertake (or arrange for the Vice-Chairman to undertake) such civic and ceremonial functions as requested by the Mayor.  In practice this has caused confusion as to which events the Mayor and/or Chairwoman will attend and the public/organisers of events as they expect to see the Council’s ‘civic mayor’ at events.

In respect of civic and ceremonial functions it is for the Council to choose whether to apply the role of First Citizen of the Borough to the Mayor or Chairwoman and who takes precedence at civic and ceremonial functions. 

To clarify the role of the Chairman/woman of the Council as First Citizen of the Borough and the role of the Mayor to promote business and economic regeneration of Torbay in respect of civic and ceremonial events, it is proposed:

That the Council’s Constitution be amended as follows:

Article 4 – The Council

4.06 Role and function of the Chairman/woman of the Council

The Chairman/woman shall have precedence in the Borough as first citizen (but not so as to prejudicially affect Her Majesty’s royal prerogative) and Section 3(4A) of the Local Government Act 1972 (as amended) shall apply.  As first citizen of the borough, the Chairman/woman will perform the majority of civic and ceremonial duties for the borough.  The Mayor will perform those functions as the Council’s representative where they relate to the promotion of the business of the Council or Torbay.  Any future change to these arrangements will be a matter for the Council to determine.

The Chairman/woman of the Council will be elected by the Council annually. The Mayor is not permitted to be the Chairman/woman of the Council.

The Chairman/woman of the Council shall not be a member of any committee, sub-committee or working party or attend any meeting as a substitute.

The Chairman/woman of the Council will carry out the roles laid down in the Chairman/woman’s Job Description as set out in Part 6 of this Constitution.

Article 6 – The Mayor and Executive

Paragraph 6.03 (d) The Mayor and Civic/Ceremonial Precedence

Paragraph 4.06 of Article 4 sets out the Council’s arrangements for first citizen and civic and ceremonial precedence. The Mayor shall have precedence in the Borough (but not so as to prejudicially affect Her Majesty’s royal prerogative) and Section 3(4A) of the Local Government Act 1972 (as amended) shall apply.

Members Job Descriptions

The Mayor:

8.       To represent the Council at events which relate to the promotion of the business of the Council or Torbay.  To be the first citizen  ...  view the full minutes text for item 156.

Members considered a motion in relation to children and young people on Fluoxetine (Prozac), notice of which was given in accordance with Standing Order A14.

It was proposed by Councillor Parrott and seconded by Councillor Stockman:

That this Council asks the Mayor to make use of the new close ties between the partners of the Health and Wellbeing Board, and the Director of Public Health and her access to both the Clinical Commissioning Group and GPs, to find out how many Bay children and young people (under the age of 18) are or have been prescribed the strong anti-depressant Fluoxetine (Prozac) and the quantities of the drug involved, and report back to Council on the following basis:

Total numbers of prescriptions (scripts) and or quantities of the drug, for each of the past three years (2011, 2012, 2013);

Numbers of children/young people prescribed Prozac by age groups (5-11 years, 12-16 years, 17-18 years);

Numbers of treatments by duration i.e. up to six months, up to two years, indefinitely; and

Numbers of diagnoses for each main category i.e. Obsessive Compulsive Disorders, Generalised Anxiety Disorder, Post Traumatic Stress Disorders.

And that the mayor calls for this information as a matter of urgency in view of the serious side effects of taking Prozac which can include:

Suicidal thoughts

Confusion

Agitation

Excessive sweating

Seizures

Arrhythmia

Palpitations

Insomnia

Headaches

Anxiety

Stunted growth

Crying

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

The Mayor advised that that he supported investigation of the use of anti-depressants to get a clear picture of the situation within Torbay and referred the matter to the Health and Wellbeing Board for their consideration.

Members considered a motion in relation to Elected Members IT offer for 2015, notice of which was given in accordance with Standing Order A14.

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

This Council notes:

·         All local Authorities face very difficult financial decisions in the next few years.  In 2016-17 Torbay will Face a £13.5M cut in government grant.

·         That officers have developed new members IT offer, post local elections will be iPads.  At a cost to the Council of £16,000.

·         Elected Members being in receipt of iPads post elections will send a negative message to the public.

This Council instructs officers to:

·         Develop a scheme where members would buy their iPads over the term of the Council by deductions from their allowances.  Which result in a saving for the public purse.

In accordance with Standing Order A14.3(b), the Chairman advised that the motion would be dealt with by this meeting.

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: Councillors Cowell, Darling, Davies, Doggett, Ellery, Faulkner (A), Faulkner (J), Hernandez, Morey, Pentney, Pountney, Stockman, Stocks, (13); Against: Councillors Amil, Barnby, Brooksbank, Excell, Hill, Hytche, Lewis, McPhail, Mills, Pritchard, Scouler, Thomas (D) and Tyerman (13); Abstain: Councillor Parrott and the Mayor (2); and Absent: Councillors Addis, Baldrey, Bent, Butt, James, Kingscote, Stringer and Thomas (J) (8).  Therefore, in accordance with Standing Order A19.2, the Chairwoman used her casting vote, voted against the motion and declared the motion lost.

Members considered a motion on a proposed change to the Constitution in relation to Disposals, notice of which was given in accordance with Standing Order A14.

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

That Schedule 6 - Officer Scheme of Delegation of the Constitution be amended as follows:

2.9       Property acquisitions and disposals may not be authorised where in the reasonable opinion of a fellow or member of the Royal Institute of Charter Surveyors (RICS) the estimated value of the land or property being acquired or disposed of exceeds £50,000 or (if a transaction is linked to another transaction) where the aggregate estimated value exceeds that amount and such acquisitions and disposals between £50,000 and £250,000 shall be approved by the Mayor. Any disposals below 90% of the market value or over £250,000 shall be approved by the Council.  But this paragraph shall not prevent the Chief Operating Officer and Directors authorising land/property acquisitions and freehold disposals where they are in accordance with the Council’s Capital Programme or an express Council decision.

In accordance with Standing Order A14.3(b), the Chairwoman advised that the motion would be dealt with by this meeting.

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: Councillors Cowell, Darling, Davies, Doggett, Ellery, Faulkner (A), Faulkner (J), Morey, Parrott, Pentney, Pountney, Stockman, Stocks, Thomas (D) and Tyerman (15); Against: Councillors Amil, Excell, Hernandez, Hill, Hytche, Lewis, McPhail, Mills, Pritchard, Scouler and the Mayor (11); Abstain: Councillors Barnby and Brooksbank (2); and Absent: Councillors Addis, Baldrey, Bent, Butt, James, Kingscote, Stringer and Thomas (J) (8).  On being put to the vote, the motion was declared carried.

The Monitoring Officer advised that, in accordance with Article 14 paragraph 14.02(c)(iii), the motion cannot be implemented without the written consent of the Mayor.  The Mayor considered the motion on the proposed change to the Officer Scheme of Delegation in respect of disposals and rejected the motion.  The reason for the decision was because it could cause a delay in the decision making process.  The Mayor advised that he wants the process to be as flexible as possible to enable decisions to be made in a timely manner.  The Council has disposed of 12 assets in 2014/15 bringing in £1.7m and disposed of 10 assets in 2013/14 bringing in £1.4m under the current arrangements and therefore the Mayor feels that the proposed change is not necessary.

To consider adjourning the meeting until 5.30 p.m.

At this juncture the meeting was adjourned to reconvene at 5.30 p.m. on Thursday, 26 February 2015.

At this juncture Councillor Hernandez left the meeting and Councillors Bent and Kingscote joined the meeting.

In accordance with Standing Order A7.2 in relation to Council meetings, the order of business was varied to enable Items 8, 9, 10, 23 and 24 (Revenue Budget Monitoring 2014/15 Quarter 3, Capital Investment Plan Update – 2014/15 Quarter 3, Council Tax 2015/2016, Senior Management Team Restructure and Principles of Overview and Scrutiny) to be considered after Item 18 (Strategic Agreement between Torbay and Southern Devon Health and Care NHS Trust and Torbay Council/Torbay and South Devon Clinical Commissioning Group) and Items 11 and 12 (Provisional Calendar of Meetings 2015/2016 and Statutory Officer Appointments – Deputy Electoral Registration Officer to be considered after Item 22 (Review of School Places in Torbay).

Approximately 1336 valid written signatures and 90 valid e-signatures from residents and people who work or study in Torbay.  In accordance with Standing Orders the petition will be considered at this meeting.

In accordance with Standing Order A12, the Council received the petition (1336 signatures and 90 e-signatures), asking Torbay Council as freehold landowner, to covenant with the residents of Torquay, not to allow any development of Cary Green without first obtaining the agreement of the majority of the residents of Torquay at a referendum.  At the invitation of the Chairwoman, Patricia Bishop 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 Mills and seconded by Councillor Pritchard:

That no action be taken in respect of the petition on a covenant for Cary Green.

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: Councillors Mills and Pritchard (2); Against: Councillors Cowell, Darling, Davies, Doggett, Ellery, Excell, Faulkner (A), Faulkner (J), Hytche, Morey, Parrott, Pentney, Pountney, Scouler and Stocks (15); Abstain: Councillors Amil, Barnby, Bent, Brooksbank, Hill, Kingscote, Lewis, McPhail, Stockman, Thomas (D) and Tyerman (11); and Absent: Councillors Addis, Baldrey, Butt, Hernandez, James, Stringer, Thomas (J) and the Mayor (8).  On being put to the vote, the motion was declared lost.

In the absence of a recommendation from the Council, the Mayor considered the request of the petitioners at the meeting and the record of his decision, together with further information, is attached to these Minutes.

To hear and respond to any written questions or statements from members of the public which have been submitted in accordance with Standing Order A24.

In accordance with Standing Order A24, the Council heard from Mrs Amanda Darling who had submitted a question in relation to the Pavilion.  The Mayor responded to the question that had been put forward, plus a supplementary question asked by Mrs Darling.

To consider the attached report on a request from the community for a covenant on Windmill Hill to restrict the use of the area.

The Council made the following recommendation to the Mayor:

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

That the Council enters into a deed covenanting with the residents around the Windmill Hill playing fields as follows:-

“Torbay Council covenants with all inhabitants of the ward of Tormohun that for a period of 100 years beginning on the date of this deed it will not on the land shown edged red on the plan attached erect or permit the erection of any permanent structure or permit the sale and/or consumption of alcohol without any such proposal first obtaining the majority of votes in a referendum of the persons who at the day of the referendum would be entitled to vote as electors at an election of councillors for Tormohun Ward and are registered as local government electors at an address within this Ward.  For the purpose of this covenant ‘permanent structure’ shall mean any structure intended to remain on the land for a period greater than 3 months. This covenant shall not apply to the installation, construction or renewal (whether by statutory undertakers or otherwise) of any media for the supply or removal, electricity, gas, water, sewage, energy, telecommunications, data and all other services and utilities and all structures, machinery and equipment ancillary to those media/or to the installation of street furniture and sports equipment.  Nothing contained or implied in this deed shall prejudice or affect the exercise by the Council of its regulatory functions under the Town and Country Planning Act 1990 or any other statute or statutory instrument.”

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

(i)         That Council notes paragraph 6.2 of the submitted report where Legal Services and Senior Managers recommend that the land is adequately protected and that the site is currently designated as an Urban Protected Landscape Area and that policy C2 of the Local Plan also applies:

“There will be a presumption against loss of existing recreational and leisure facilities, unless:

(i)         There is clear evidence that they are surplus to requirements, and alternative recreational / leisure uses have been sought as replacement or improved facilities in lieu of existing provision which are able to address any new deficiencies that arise, and

(ii)        A compelling case is made for wider social and economic benefits arising from such a proposal.”;

(ii)        that Council also notes the wider Community Partnership (Hele’s Angels) has identified the site as a Local Greenspace for inclusion in the Neighbourhood Plan.  This designation has the affect of ruling out development in all but very exceptional circumstances, giving it equivalent policy status to that of greenbelt protection; and

(iii)       that given the high level of protection, the Council recommends that the Mayor takes no further action in respect of a covenant on Windmill Hill.

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

The substantive motion was then before Members for consideration.

On being put to  ...  view the full minutes text for item 164.

To consider the submitted report on the proposed registration of land within Maidencombe as a village green

At this juncture Councillor Faulkner (A) left the meeting.

Further to Minute 72 (9/13) the Council considered the submitted report on a proposal to amend the previous decision made by the Council on 26 September 2013 by removing the requirement for the land to be transferred (for no consideration) to a company set up by the residents of Maidencombe before registration takes place following discussions with resident groups within the village. 

It was proposed by Councillor Thomas D and seconded by Councillor Bent:

That Torbay Council, as Common Registration Authority, register the land shown edged red on Plan EM2295 set out at Appendix 2 to the submitted report and the land be entered in the Council’s Register of Town or Village Greens by the Council’s Land Charges Manager.

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

To consider the submitted report on the above.

(Policy Framework document)

The Council considered the submitted report on the Annual Strategic Agreement which sets out the way in which Torbay Council and South Devon and Torbay Clinical Commissioning Group (the CCG) will commission services from Torbay and Southern Devon Health and Care NHS Trust and South Devon Healthcare NHS Foundation Trust on the basis that in 2015 both Trusts will be in the form of an integrated care organisation.

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

(i)              that the Annual Strategic Agreement between Torbay Council, South Devon and Torbay Clinical Commissioning Group and Torbay and Southern Health and Care NHS Trust set out at Appendix 1 to the submitted report be approved; and

(ii)             that the Policy for the Provision Short Breaks set out at Appendix 10 to the submitted report be approved.

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

(Note:  Prior to consideration of the item in Minute 166, Councillors McPhail and Scouler declared their non-pecuniary interests.  During consideration of the item in Minute 166, Councillor Doggett declared his non-pecuniary interest and Caroline Taylor declared her personal interest.)

To note the attached Revenue Budget monitoring report and consider any recommendations from the Overview and Scrutiny Board.

At this juncture Councillor Scouler left the meeting.

The Council noted the current projected outturn for the Revenue Budget for 2014/2015 based on quarter three information, as set out in the submitted report. 

The Chairman advised that the views of the Overview and Scrutiny Board had been circulated on 25 February 2015.

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

The Overview and Scrutiny Board is concerned about the possible calls on the General Fund balance of £4.4 million given the high probability that the Comprehensive Spending Review reserve will be depleted due to the estimated level of redundancy costs, the current projected overspend at year end and the possible outcome of the current Judicial Review.

Therefore the Council requests the Executive Director of Operations and Finance to undertake a further Review of Reserves to identify whether there is spare capacity within the Reserves to replenish the Comprehensive Spending Review reserve.

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

To consider the submitted report on the Capital Investment Plan and any recommendations from the Overview and Scrutiny Board.

Members noted the submitted report which provided information on capital expenditure and income from the year, compared with the latest budget position as at quarter three reported in February 2015.  The Overview and Scrutiny Board considered the submitted report at its meetings on 18 and 24 February 2015 and put forward a number of recommendations.

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

The Overview and Scrutiny Board is concerned that it is recommended that the term of the Prudential Borrowing associated with Meadfoot Beach Chalets be extended from 25 to 35 years.  It is also concerned about the lack of detail which was available to it with regard to the business case for the reinstatement and enhancement of the beach chalets at Oddicombe Beach.

The Council re-confirms its position that any Prudential Borrowing must be agreed by the Council and be backed by a clear Business Case and that, at this time, the Council has not seen a full Business Care for Oddicombe beach huts.

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

(i)       that, in light of the issues raised at the Overview and Scrutiny Board meetings on 18 and 24 February regarding the governance of the decision making in connection with Oddicombe and Meadfoot beaches, the Executive Director of Operations and Finance be requested to complete a thorough investigation into this matter and report back to the Council at the earliest opportunity.

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

The substantive motion (the original motion with the addition of (i) above) was then before Members for consideration.

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

The Council then considered the submitted officer report.  It was proposed by the Mayor and seconded by Councillor Mills:

(i)     that the latest position for the Council’s Capital expenditure and funding for 2014/15 be noted;

(ii)    that prudential borrowing of £0.134 million for works to reinstate and enhance Beach Chalets at Oddicombe Beach to be funded from future rental income and the resort services budget be approved;

(iii)    that additional prudential borrowing of £0.6 million for works on the Meadfoot Beach Chalets replacements to be funded from future rental income and the resort services budget be approved;

(iv)   that a loan for a capital purpose to the Torbay Development Agency (TDA) for £1.4 million to enable the TDA’s acquisition and related works on sites at Kings Ash House be approved;

(v)    that prudential borrowing of £2.0 million and £0.350m from New Growth Points Grant towards the £6.5m Electronics and Photonics Innovation Centre at White Rock to be funded from future rental income be approved;

(vi)   that Department of Transport Structural Maintenance and Integrated Transport grant allocations announced for future years (2015/16 to 2020/21) be earmarked for Highways;

(vii)   that £0.254m from New Growth Points Grant be allocated for the replacement of decking and joists on Princess Pier;

(viii)  that £0.100m  ...  view the full minutes text for item 168.

To consider a report on the setting of the Council Tax for 2015/2016.

Members considered the submitted report on the setting of the Council Tax for 2015/16.  In accordance with legislation the Chairwoman advised that a recorded vote would be taken on the motion.

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

That the Council notes:

(i)            that in December 2014 the Council calculated the Council Tax Base for 2015/16:-

a)         For the whole Council area as 42,370.75, [Item T in the formula in Section 31B of the Local Government Finance Act 1992, as amended (the "Act")]; and

b)         For dwellings in the Brixham Town Council area as 5,719.39 to which a Parish precept relates;

(ii)          that the Police and Crime Commissioner for Devon and Cornwall and the Devon and Somerset Fire and Rescue Authority have issued precepts to the Council in accordance with Section 40 of the Local Government Finance Act 1992 for each category of dwellings in the Council’s area as indicated in the table in paragraph (v) below:

That the Council approves:

(iii)       the Council Tax requirement for the Council’s own purposes for 2015/16 (excluding Brixham Town Council) of £53,436,718;

(iv)         that the following amounts be calculated for the year 2015/16 in accordance with Chapter Three of the Act:

a)         £273,945,955 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(2) of the Act taking into account the precept issued to it by Brixham Town Council;

b)         (£220,286,209) being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(3) of the Act;

c)         £53,659,746 being the amount by which the aggregate at (iv)(a) above exceeds the aggregate at (iv)(b) above, calculated by the Council in accordance with Section 31A(4) of the Act as its Council Tax Requirement for the year (item R in the formula in Section 31B of the Act);

d)         £1266.43 being the amount at (iv)(c) above (Item R), all divided by Item T (i)(a) above), calculated by the Council, in accordance with Section 31B of the Act, as the basic amount of its Council Tax for the year (including Parish precepts);

e)         £223,028 being the aggregate amount of all special items (Brixham Town Council) referred to in Section 34(1) of the Act;

f)          £1,261.17 being the amount at (iv)(d) above less the result given by dividing the amount at (iv)(e) above by Item T (i)(a) above), calculated by the Council, in accordance with Section 34(2) of the Act, as the basic amount of its Council Tax for the year for dwellings in those parts of its area to which no Parish precept relates;

(v)        that the Council, in accordance with Chapter Three of the Local Government Finance Act 1992, hereby sets the aggregate amounts shown in the tables below as the amounts of Council Tax for 2015/16 for each part of its area and for each of the categories of dwellings;

To consider the submitted report on a review of the Council’s Senior Management Team.

The Monitoring Officer addressed Members on research undertaken by the Executive Head of Finance as to the role of the Section 151 Officer in Senior Leadership Teams.

Members considered the submitted report which set out proposals for the restructure of the Senior Leadership Team, in order to reduce the size of the Team to make budgetary savings and re-align services within the organisation to meet future demands.

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

(i)              that the proposal to introduce a new Senior Leadership structure focussed on two teams, namely a Joint Commissioning Team and Joint Operations Team, reducing the number of Executive Heads and re-aligning services be noted;

(ii)             that the Executive Director of Operations and Finance be authorised to progress the proposed deletion of the post of Director of Place and Planning from the structure, subject to the outcome of further consultation; and

(iii)            That in reducing the number of Executive Heads, the Executive Director of Operations and Finance be authorised to progress the proposed deletion of the post of Executive Head of Finance, a post that currently fulfils the role of Section 151 Officer, subject to the outcome of further consultation.

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

(Note:  Prior to consideration of the item in Minute 170, Anne-Marie Bond, Caroline Dimond, Kevin Mowat, Caroline Taylor, Charles Uzzell and Richard Williams declared a personal interest as part of the Senior Leadership Team.)

To consider the submitted report on the above.

The Council considered the submitted report, which was published with the Revised Council agenda on 20 February 2015, setting out the findings from the work undertaken by the Council as a Scrutiny Development Area with assistance from the Centre for Public Scrutiny.

It was proposed by Councillor Darling and seconded by Councillor Thomas D:

(i)       that the principles of overview and scrutiny set out in section 5 of Appendix 1 of the submitted report be adopted and included within the Constitution of Torbay Council; and

(ii)      that the principles be used to provide a framework for a wider review of the governance structure which will inform the induction process following the elections in May 2015 and that the Executive Director of Operations and Finance and the Monitoring Officer use the proposals set out in section 6 of Appendix 1 of the submitted report as the basis for discussions with the incoming Mayor and Council on the future governance arrangements for Torbay Council.

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

To consider the submitted report on the proposed creation of a Torbay Youth Trust.

Further to Minute 71/9/13, the Council considered the submitted report and business plan on the creation of Torbay Youth Trust.

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

(i)              that the creation of a Torbay Youth Trust and TUPE of existing youth service staff to the Trust from 1 June 2015 be approved;

(ii)             that the Executive Head of Commercial Services be given delegated authority to agree the terms of the lease and/or procurement arrangements for the transfer of the Parkfield site (the new build), BMX and Skateboard Park to the Torbay Youth Trust; and

(iii)            that up to £70,000 be allocated from the Comprehensive Spending Review Reserve to support the set up costs of the Torbay Youth Trust.

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

To consider the attached report on changes to the delivery of Children’s Social Care.

The Council considered the submitted report on the proposed creation of a Public Service Trust (LIST) for delivery of children’s social care across all agencies using funding of £1.25m from the Social Work Innovation Fund awarded to the Council by the Department for Education.

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

(i)       that the grant funding from the Department for Education of £1.25m, the new approach for the governance and delivery of Children’s Social Care through the creation of a Public Service Trust (LIST), as outlined in the submitted report, be supported in principle;

(ii)      that the Executive Director of Operations and Finance be given delegated authority, in consultation with the Section 151 Officer, having considered the detailed business case, TUPE and financial details, to approve the creation of the Public Service Trust (List) for delivery of Children’s Social Care; and

(iii)      that, subject to (ii) above, the Executive Head of Commercial Services be given delegated authority to agree the terms of the lease or contracts for the Public Service Trust (LIST) for delivery of Children’s Social Care.

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

To consider the submitted report on the proposed transfer of the existing school improvement service to the Torbay Teaching School Alliance.

The Council considered the submitted report on the proposed transfer of the existing school improvement service to the Torbay Teaching School Alliance.

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

(i)       that the transfer of the existing school improvement resource (staff and budget) on a reducing basis to the Torbay Teaching School Alliance be approved in principle initially for a three year basis subject to the continuation of the Torbay Teaching School Alliance;

(ii)      that the Executive Director of Operations and Finance be given delegated authority, in consultation with the Section 151 Officer, having considered the detailed business case and financial details, to approve the final transfer of the existing school improvement resource to the Torbay Teaching School Alliance; and

(iii)      that, subject to (ii) above, the Executive Head of Commercial Services be given delegated authority to agree the terms of the lease or contracts for the school improvement service.

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

To consider the attached report on the above.

The Council considered the submitted report which provides an update on pupil forecasts and proposes changes to capital funding priorities for Children's Services in respect of primary school provision.  A revised officer recommendation was circulated at the meeting.

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

(i)              that £750,000 identified from savings within the Children’s Services Capital Programme be allocated to the Brookfield House acquisition and associated development;

(ii)             that the proposed capital projects at St Margaret’s Academy and Roselands Primary be cancelled;

(iii)            that the £3m already allocated to Children’s Services for primary provision be allocated to the relocation of Torbay School;

(iv)           that the Schools Capital & Planning Manager commence discussions and consultation with providers, stakeholders and the Department for Education regarding the competition for a new primary school in Paignton;

(v)            that the Council notes that future Basic Need funding will be needed for the new primary school in Paignton and for any additional secondary provision required.  A further report to Council will follow once funding allocations are known and there is feedback from the consultation process;

(vi)           that an additional £400,000 from the 2015/16 Local Authority Capital Maintenance Fund be allocated to a third phase of improvements at Furzeham Primary School;

(vii)          that, subject to (i) above, the Mayor be recommended to acquire Brookfield House to improve the facilities at Torbay School; and

(viii)        that the Mayor be recommended to rescind the decision in Minute 18(ii)/5/14 to dispose of Hillside former children’s home and land adjoining South Parks Road, Torquay (Plan Ref EM2390) to enable that land be utilised for the relocation of Torbay School.

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

The Mayor considered the recommendations of the Council set out in (vii) and (viii) above at the meeting and the record of his decision together with further information is attached to these Minutes.

To consider the submitted report setting out the provisional calendar of meetings for the 2015/2016 Municipal Year.

The Council received the submitted report which set out the provisional calendar of meetings for the 2015/2016 Municipal Year which had been prepared based on the Council’s decision-making structure and in accordance with the Council’s Standing Orders.

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

(i)              that the provisional calendar of meetings for 2015/2016, set out in Appendix 1 to the submitted report, be approved for final ratification at the Annual Council Meeting;

(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/woman; and

(iii)            that the Priorities and Resources meetings be determined by the Governance Support Manager in consultation with the relevant Chairman/woman, after the Elections in May 2015.

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

To confirm the following statutory officer appointments:

Deputy Electoral Registration Officer – Anne-Marie Bond

Deputy Electoral Registration Officer – June Gurry

Deputy Electoral Registration Officer – Catherine Hayden

The Council considered the Statutory Officer Appointments for Deputy Electoral Registration Officers.

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

that the appointments of Anne-Marie Bond, June Gurry and Catherine Hayden as the Council’s Statutory Deputy Electoral Registration Officers be confirmed.

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

(Note:  Prior to consideration of the item in Minute 177, Anne-Marie Bond declared her personal interest.)