The meeting was opened with a prayer.

Apologies for absence were received from Councillors Cunningham, Kingscote and Stocks (for the first part of the meeting) and Councillor O’Dwyer (for the whole meeting).

To elect the Chairman/woman of the Council for the 2016/2017 Municipal Year.

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

thatCouncillor Ray Hill be elected Chairman of the Council of the Borough of Torbay for the Municipal Year 2016/2017.

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

The Chairman thanked the Council for the honour bestowed upon him.

The Chairman announced that Mrs Patricia Hill would be his Consort during his term of office and his joint charities would be the Torbay Holiday Helpers Network and the Disabled Sailing Association.

The Chairman also announced that he had appointed the Reverend Father Paul Ward to be his Chaplain and that the Annual Civic Church Service would be held at All Saints Church Babbacombe on a date to be arranged.

To appoint the Vice-Chairman/woman of the Council for the Municipal Year 2016/2017.

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

thatCouncillor Anne Brooks be appointed Vice-Chairwoman of the Council of the Borough of Torbay for the Municipal Year 2016/2017.

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

The Vice-Chairwoman announced that Mr William Taylor would be her Escort during her term of office.

To confirm as a correct record the minutes of the meeting of the Council held on 7 April 2016.

The Minutes of the meeting of the Council held on 7 April 2016 were confirmed as a correct record and signed by the Chairman.

Mayor Oliver declared a pecuniary interest in respect of Minute 21.

To receive any communications or announcements from the Chairman, the Mayor, the Overview and Scrutiny Co-ordinator or the Chief Executive.

The Chairman:

(a)       welcomed Councillor Nick Pentney to his first Council meeting following his successful election at the Tormohun By-Election;  and

(b)       announced that Councillor Steve Darling had completed 21 years continuous public service as a Councillor for Torbay.

The Mayor invited members to join a team to take part in the “One You” national public health campaign which a number of councillors and officers had already committed to undertake along with partner organisations.  The Mayor advised that the Council’s Public Health Team were encouraging members and staff to take part in the 4-week workplace challenge which aimed to assist individuals in making lifestyles choices to stay fit and healthy. 

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

Members received a paper detailing the questions and answers, as attached to these Minutes, notice of which had been given in accordance with Standing Order A13.

Supplementary questions were then asked and answered in respect of the questions.

To receive details on the composition and constitution of the Mayor’s Executive for 2016/17, together with the record of delegations of Executive functions.

The Mayor presented his revised report (as circulated at the meeting) on the above, which was noted.

To consider:

(a)      appointing the Overview and Scrutiny Co-ordinator for 2016/2017; and

(b)      appointing the following Scrutiny Lead members for 2016/2017:

·       Joint Commissioning – Children’s and Adults

·       Joint Commissioning – Health, Wellbeing and Public Health

·       Joint Operations – Commercial and Business Services

·       Joint Operations – Community and Customer Services

The Council was requested to consider the appointment of the Overview and Scrutiny Co-ordinator and the appointment of scrutiny lead members for 2016/2017.

It was proposed by Councillor Tyerman and seconded by Councillor Darling (S):

(i)         that Councillor Lewis be appointed as the Overview and Scrutiny Co-ordinator for 2016/17 municipal year;  and

(ii)        that the following Councillors be appointed as the Scrutiny Leads as indicated for the 2016/17 municipal year:

Joint Commissioning – Children’s and Adults:  Councillor Barnby;

Joint Commissioning – Health, Wellbeing and Public Health:  Councillor Bent;

Joint Operations – Corporate and Business Services:  Councillor Doggett;  and

Joint Operations – Community and Customer Services:  Councillor Stocks.

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

To consider the attached report on the review of political balance and appointments to committees.

The Council considered the submitted report on the appointment of committees and other bodies in the light of the political balance of the Council.

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

(i)         that the overall political balance of the committees, as set out in Appendix 1 to the submitted report, be approved;

(ii)        that, subject to (i) above being approved, the committees be appointed with the terms of reference set out in Appendix 2 to the submitted report;

(iii)       that, subject to (i) above being approved, nominations be received to fill the seats on the committees;

(iv)       that the Mayor confirms the appointments to the Health and Wellbeing Board as set out in Appendix 2 to the submitted report;

(v)        that the Monitoring Officer be authorised to update the Committee Standing Orders to reflect the unanimous voting requirements by the Civic Committee for recommendation on Honorary Freeman and Honorary Alderman applications; and

(vi)       that the Council supports the establishment of a Joint Committee with Devon County Council and its District Councils called the Devon Authorities Strategic Waste (Joint) Committee which will replace the Devon Authorities Waste Reduction and Recycling Committee with membership (the Council’s representative will be the Executive Lead for Planning, Transport and Housing – Councillor King) and terms of reference as set out in Appendix 3 to the submitted report.  Councillor Mills will be appointed as the Deputy Committee member.

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

Following the vote, the members to serve on each committee and other bodies were nominated by the Group Leaders as set out in Appendix 2 to the submitted report.

To seek approval for the calendar of meetings for the 2016/2017 Municipal Year.

The Council considered the submitted report setting out the proposed calendar of meetings for 2016/2017.

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

(i)         that, subject to the Annual Council meeting being held on one day namely 10 May 2016, the calendar of meetings for 2016/2017, set out in Appendix 1 to the submitted report, be approved;

(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 once the budget setting process for 2017/2018 has been agreed.

An amendment was proposed by Councillor Darling (S) and seconded by Councillor Stringer:

(i)         that, subject to the Annual Council meeting being held on one day namely 10 May 2016 and Development Management Committees commencing at 5.30 pm with any site visits taking place during the afternoon, the calendar of meetings for 2016/2017, set out in Appendix 1 to the submitted report, be approved;

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

The original motion was then put to the vote and declared carried.

To agree the scheme of delegation for Council functions, as set out in Part 3 of the Constitution in so far as they relate to Council functions and confirm the budget and policy framework documents set out in Article 4 of the Constitution (attached).

The Constitution can be viewed on the Council’s website using the following link Constitution.

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

(i)         that the scheme of delegation of Council functions, as set out in Part 3 of the Constitution in so far as they relate to Council functions be approved;  and

(ii)        that the revised Article 4 – The Council be approved.

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

To consider the Annual Report of the Council’s Overview and Scrutiny Board.

The Council received and noted the Overview and Scrutiny Annual Report for 2015/2016.

To consider adjourning the meeting until 5.00 p.m. on Wednesday, 11 May 2016 to deal with the remainder of the business set out in this agenda.

At this juncture, the meeting was adjourned until 5 pm on Wednesday 11 May 2016.

To receive a petition in respect of the above and oral representations from the public in accordance with Standing Order A12.

In accordance with Standing Order A12, the Council received a petition requesting the Council to reduce the current speed limit on Centenary Way, The Willows, Torquay, to 20 miles per hour (approximately 56 valid signatures).

At the invitation of the Chairman, Mrs Mooney addressed the Council in relation to the petition referred to above.

It was noted that the petition would be referred to the Assistant Director for Community and Customer Services for consideration in consultation with the Executive Lead for Planning, Transport and Housing.

To consider the attached motion and background information.

Members considered a motion and background information in relation to the future funding of the 60 and 61 bus service, notice of which was given in accordance with Standing Order A14.

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

The 60 and 61 route carried around 93,000 passengers in the last financial year, of which around 80 % were concessionary fares, i.e. free bus passes.  The Government (Department of Transport) provide guidance on how to calculate the concession rate for each operator/network.  A very complex set of algorithms have been developed by Department for Transport economists to ensure that bus operators are no worse off, or no better off, from having to carry concessionary passengers free of charge.

This service runs through the Preston, Clifton with Maidenway, Cockington with Chelston and Tormohun Wards 9 journeys per day Monday to Friday.

This service in particular has seen a reduction in concessionary passengers recently and there has been a reduction in the concession rate paid to this operator.  Therefore this route has now proven too marginal for the current operator to continue operating commercially and Local Link have given notice to cut the service 60/61 from 16 May 2016.

This Council is asked to approve that a maximum of £100,000 be allocated from the 2016/2017 Revenue Budget Contingency to fund the procurement and subsidised service for the retention of the 60 and 61 bus routes and provide a suitable service for 1 year, on the understanding that it must be commercially viable by the end of the period, or the subsidy will cease.

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

The Monitoring Officer provided a statement of fact, on behalf of the Assistant Director of Community and Customer Services, whereby the operator of the bus route had given notice to the Department of Transport to cease the service.  Members were advised that following this notice the operator had requested the Department of Transport for an extension to the notice period, however, the outcome of this request was not known.  The Council had sent a letter to the Department of Transport to support the extension.

An amendment was proposed by Councillor Tyerman and seconded by Councillor Robson:

that the matter be deferred for a full officer report to be presented to the Council meeting in July 2016.

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 Barnby, Bent, Bye, Ellery, Hill, Kingscote, Morey, Robson, Stockman, Thomas (D), Thomas (J) and Tyerman (12);  Against:  The Mayor, Councillors Amil, Brooks, Carter, Cunningham, Darling (M), Darling (S), Doggett, Excell, Haddock, King, Lewis, Manning, Mills, Morris, Parrott, Pentney, Sanders, Stocks, Stringer, Stubley, Sykes, Tolchard and Winfield (24);  and Absent:  Councillor O’Dwyer (1).  Therefore, the amendment was declared lost.

An amendment was moved by Councillor Doggett and seconded by  ...  view the full minutes text for item 17.

Members considered a motion in relation to alternative delivery models for running or developing Torbay’s libraries, notice of which was given in accordance with Standing Order A14.

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

The Council is currently developing a new Library Strategy to determine the future needs and services which the Council and its partners will be able to offer within reducing Council resources.  Part of this strategy will consider the future of all Torbay Council Libraries, which includes options for a Community led approach to delivering the service and a review of current library sites which may have potential for future re-development.

Therefore the Council requests the Assistant Director of Community and Customer Services to seek expressions of interest for alternative delivery models for the running or development of all Torbay Council Libraries, which will keep within our statutory obligations but provide a more cost effective long term solution

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

The Mayor advised that he supported the motion and his Record of Decision is attached to these minutes.

Members considered a motion in relation to the growing numbers of homeless people on Torquay and Paignton seafronts and funding for their accommodation needs, notice of which was given in accordance with Standing Order A14.  A revised motion was circulated at the meeting to cover all homeless people.

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

That this Council calls for an urgent report setting out ways in which accommodation might be found for the growing numbers of homeless persons that are living in and around the seafronts in Paignton and Torquay.

We note that in common with other local authorities there has been a rising number of rough sleepers and rising pressure for temporary accommodation, and that central Government has said that there is finance available to counteract this trend.

This Council calls upon the Chief Executive to write to the Department for Communities and Local Government in order that Torbay receives an appropriate allocation of these new monies.

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

The Mayor advised that he supported the motion and his Record of Decision is attached to these minutes.

To consider the attached motion and background information.

Members considered a motion and background information in relation to the provision of donkey rides in Paignton, notice of which was given in accordance with Standing Order A14.

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

As part of our heritage, Donkey Rides are a traditional seaside attraction at Paignton Green and have been for many years.

After a recent tendering exercise, they have been given notice that they were the unsuccessful bidder on this occasion.  Therefore there will be no Donkey rides for children on Paignton Green.

This Council requests the Assistant Director of Community and Customer Services to find an alternative site in Paignton so that Donkey Rides can remain as part of the Torbay visitor experience.

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

The Mayor advised that he supported the motion and his Record of Decision is attached to these minutes.

Members considered a motion and background information in relation to a long term lease for Queen Elizabeth II playing fields at Torre Valley North, notice of which was given in accordance with Standing Order A14.

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

Torre Valley North Costs this Council £21,000 per annum to maintain.

Over a period of 30 Years this equates to £630,000.

Policies at other Local Authorities including neighbours South Hams charge only "Peppercorn Rents" for these type of sites.

A rent of £2,000 per annum had been previously agreed with Mayor Oliver and Council Officers in 2013.  This figure was reached to encourage clubs to take on Long Term leases.  Long term sports leases are a Mayoral Election promise.

This Council agrees to honour the previous agreement and to keep the rent at £2,000 per annum.

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

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

This Council agrees to honour the previous agreement and to keep the rent at £2,000 per annum.

That the issues raised within this motion be delayed to enable the correct decision-making process to be followed, therefore ensuring the Constitutional requirements for details to be published on the Forward Plan and a full officer report to be presented to Council in July 2016.  Therefore, this motion be deferred.

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 Amil, Barnby, Bent, Bye, Carter, Cunningham, Darling (M), Darling (S), Doggett, Ellery, Hill, Kingscote, Lewis, Morey, Pentney, Robson, Sanders, Stockman, Stocks, Stringer, Sykes, Thomas (D), Thomas (J), Tolchard and Tyerman (25);  Against:  The Mayor, Councillors King, Manning, Mills, Stubley and Winfield (6);  Abstain: Councillors Brooks, Excell, Haddock, Morris and Parrott (5);  Absent:  Councillor O’Dwyer (1).  Therefore, 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 additional paragraph and removal of words as set out in the amendment) was declared carried.

To consider the submitted report on the potential options for the rationalisation of the Connections Service.

As resolved by the Council at its meeting on 25 February 2016, members received further information on the potential options for the rationalisation of the Connections Service (as set out in the submitted report).

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

(i)         that the Connections service be centralised within Paignton Library and Information Centre by end of September 2016, together with an appointments based system being available in Torquay and Brixham;

(ii)        that it be noted that the appointments based system will ensure that there is working day emergency availability of appointments to ensure appropriate capacity remains to meet the needs of our most vulnerable individuals;

(iii)       that Customer Services continue to introduce new technologies and revised business processes or delivery methods to further reduce footfall in our Connections offices (i.e. new processes for bus pass applications, parking permits and overseas pension verification and document scanning); and

(iv)       that it be noted that the introduction of new technologies and revised business processes or delivery methods will enable the centralised service to move quickly to an appointments only service in all three towns.  This will occur as soon as possible and in any event no later than the end of September 2017.  This will assist the Council in making potential future savings, whilst maintaining an efficient service and protecting our most vulnerable.

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

(Note:  Prior to consideration of Minute 21, Mayor Oliver declared his pecuniary interest and withdrew from the meeting.)

To consider a report on the above.

Further to the decision of the Council at its meeting on 25 February 2016, members received a proposed scoring matrix to assist with the prioritisation of capital schemes (as set out in the submitted report).

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

that consideration of the Capital Plan 2016/17 – 2019/20 Prioritisation Matrix be deferred to the Council meeting on 21 July 2016 to enable the matrix to be considered alongside the scored Capital Plan.

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

(i)         that the Capital Projects scoring matrix, as set out at Appendix 1 to the submitted report, be approved;  and

(ii)        that the matrix be applied by the Chief Finance Officer, in consultation with the Chief Executive and Senior Leadership Team, to score and prioritise capital projects within the current approved Capital Plan (where schemes have not yet commenced), the Capital Reserve List and any new Capital schemes, any resulting revisions to the Council’s Capital Plan will be presented to the Council for approval.

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

The substantive motion was then before members for consideration.

A further amendment was proposed by Councillor Darling (S) and seconded by Councillor Carter:

(i)         that, subject to the points for deprivation being amended from 5 to 10 points, the Capital Projects scoring matrix, as set out at Appendix 1 to the submitted report, be approved.

On being put to the vote, an equality of votes was declared.  Therefore, the Chairman used his casting vote, voted against the amendment and declared the amendment lost.

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

To consider a report that sets out the Delivery Plans which underpin the overarching Corporate Plan.

The Council considered the submitted report which set out the Corporate Plan Delivery Plans for 2015 to 2019.  It was noted the delivery plans underpinned the overarching Corporate Plan and set out the areas of focus for the Council to deliver its ambitions.

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

            (i)         that the Corporate Plan Delivery Plans 2015-2019, as set out in Appendix 1, be approved and published as part of the Corporate Plan;  and

            (ii)        that the Audit Committee monitor the performance and risk framework, referring matters by exception to the Overview and Scrutiny Board where it was felt that further investigation is required.

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

At this juncture and in accordance with Standing A7.2, the Chairman varied the order of the business to enable Item 23 (Community Infrastructure Levy) (CIL) to be considered before Item 21 (Communication, Consultation and Engagement 2016-2020).

To consider the submitted report setting out Torbay’s proposed Community Infrastructure Charging Schedule (Policy Framework).

Members received the submitted report which set out Community Infrastructure Levy (CIL) Draft Charging Schedule.  It was noted the CIL was a levy on new floor space created by development and the CIL Draft Charging Schedule would be submitted to the Planning Inspectorate for examination.

It was proposed by Councillor King and seconded by Councillor Haddock:

            (i)         that the Community Infrastructure Levy (CIL) Revised Draft Charging Schedule (with Modifications set out in Appendix 2 to the submitted report) be submitted to the Planning Inspectorate for independent examination in accordance with Regulation 19 of the CIL Regulations 2010 (as amended);

            (ii)        that the Executive Head of Business Services, in consultation with the Executive Lead for Planning, Transport and Housing, be given delegated authority to agree further minor modifications to CIL as deemed necessary to secure a recommendation for approval by the Independent Examiner;  and

            (iii)       that it be noted that following receipt of the Independent Examiner’s Report, the Community Infrastructure Levy (CIL) Charging Schedule must be agreed by the Council.

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

In accordance with Standing Order A11.1, the Chairman invited members to vote for the meeting to continue as the meeting had exceeded four hours duration.  On being put to the vote, it was resolved to adjourn the meeting.

The Chairman advised that the remaining business on the agenda would be considered at the next meeting of the Council on 21 July 2016.