The meeting was opened with a short period of reflection.

Apologies for absence were received from Councillors Kingscote, Lewis (B) and Lewis (C) for the first part of the meeting;  and Councillors Morris, Stringer and Stubley for the whole meeting.  Councillor Bye arrived during the first part of the meeting.

To confirm as a correct record the minutes of the extraordinary meetings of the Council held on 13 and 22 June 2017.

The Minutes of the extraordinary meetings of the Council held on 13 and 22 June 2017 were confirmed as correct records and signed by the Chairwoman.

Councillor Thomas (D) declared a pecuniary interest in respect of Minute 63.

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

The Chairwoman referred to the ceremony for the return of the Honorary Freedom of the Borough by HMS Torbay which was held on 19 July 2017.  The Honorary Freedom of Torbay gave the crew of HMS Torbay the right and honour to march through the Borough bearing arms.  The title was returned as the submarine had been decommissioned.

The Mayor congratulated Mike Newman, one of the co-founders of the Speed of Sight charity, for attempting to break the world record for the blind water speed record in Torbay, along with co-driver Drew Langdon, in the powerboat ‘Silverline’.  The Mayor outlined previous Guinness World Records for blind speed records set by Mr Newman who had been blind since birth.

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

Members received a paper detailing questions, as set out at Appendix 1 to these Minutes, notice of which had been given in accordance with Standing Order A13.  The paper also contained the answers to the questions which had been prepared by Councillors Excell, King, Mills and Parrott.

Supplementary questions were put and answered by Councillors Excell, King and Mills, arising from their responses to the questions in respect of questions 1, 2, 3, 5, 7 and 9.

To consider the submitted annual report on the above.

Members considered the submitted report which set out the achievements for local people in relation to adult social care and outlined the level of performance for the last financial year, together with commitment to service delivery.  The report also detailed the multi-agency approach to adult safeguarding.

Councillor Parrott proposed and Councillor Mills seconded a motion, which was agreed (unanimously) by the Council as set out below:

that the Local Account set out in Appendix 1 to the submitted report be approved and that the multi agency safeguarding annual report set out in Appendix 2 to the submitted report be approved.

To consider the recommendations of the Mayor on a review of the above Policy Framework document.

The Council considered a further review of the Investment Fund Strategy (as set out in the submitted report) in light of lessons learned from previous investments.  The report also set out the recommendations of the Mayor and the Investment Committee on the level of the Investment Fund.

The Chairwoman reported that the Mayor had published a revised Record of Decision on 20 July 2017 which supported the Investment Committee’s recommendations.

Mayor Oliver proposed and Councillor Mills seconded a motion as set out below:

that the Council be recommended to approve the revised Investment Fund Strategy, including the additional £50m for the Investment Fund (making a total of £100m) to be funded from prudential borrowing (when required), set out in Appendix 1 to the submitted report.

During the debate Councillor Tyerman proposed and Councillor Robson seconded an objection to the motion as follows:

that the Council formally objects to the adoption of the revised Investment Fund Strategyon the basis that:

1.   The amount of money within the Investment Fund should be substantially increased beyond that recommended by the Mayor and the Investment Committee to enable the Council to realistically meet its goal of increasing revenue in support of the Council’s budget;  and

2.   The level of authority delegated to the Investment Committee be substantially increased to support the ability to properly investigate opportunities and make timely decisions to be able to respond to the market.  This will also provide a more efficient governance mechanism for effective decision-making.

In accordance with the Constitution at F4.9, the Council therefore requires the Mayor to consider this objection by 28 July 2017 and either:

a)         submit a revision of the Investment Fund Strategywith the reasons for any amendments to the Council for its consideration;  or

b)        inform the Council of any disagreement that the Executive has with any of the Council’s objections and the Executive’s reasons for any such disagreement.

The objection was put to the vote and declared carried. The Mayor would consider the objection and publish his response by 28 July 2017 for consideration at the Council meeting on 13 September 2017.

(Note 1:  Councillor Bye joined the meeting during consideration of this item.)

(Note 2:  In accordance with Standing Order A19.6, Councillor Haddock requested his abstention from voting on the objection to be recorded.)

To consider the submitted report on the above and any recommendations from the Overview and Scrutiny Board.

(Note this report contains an exempt appendix which has abeen circulated separately.)

The Council received the submitted report on the Annual Strategic Agreement (ASA) 2017/2018 which set out the way in which Torbay Council and South Devon and Torbay Clinical Commissioning Group (CCG) commissioned services from the Torbay and South Devon NHS Foundation Trust (the Trust) for those requiring adult and social care support.  The report had been updated from that presented to Council on 23 February 2017 and also included performance commitments and the approach to the (Improved) Better Care Fund. 

Members also received details of the revised Risk Share Agreement following notice of withdrawal from the Risk Share Agreement by Torbay and South Devon NHS Foundation Trust in December 2016 (as set out in the submitted report).

A revised officer recommendation was circulated prior to the meeting.

Councillor Parrott proposed and Councillor Stocks seconded a motion, which was agreed by the Council as set out below:

that, subject to all parties namely Torbay Council, Torbay and South Devon NHS Foundation Trust and South Devon & Torbay Clinical Commissioning Group agreeing the Risk Share Agreement as set out in Appendix 2 to the submitted report, or in the alternative the control mechanisms as set out being implemented;

(a)       that the Director of Adult Social Care be given delegated authority to enter into a revised risk share agreement with Torbay and South Devon NHS Foundation Trust and South Devon and Torbay Clinical Commissioning Group, on the basis of Appendix 2, with any minor variations being agreed in consultation with the Mayor, Executive Lead for Adults and Children, and Group Leaders;  and

(b)       that the Annual Strategic Agreement between Torbay Council, South Devon and Torbay Clinical Commissioning Group and Torbay and South Devon NHS Foundation Trust set out at Appendix 1 to the submitted report be approved, including the approach to funding the same as set out in Appendix 2.

To consider the submitted report on the future of the Council’s CCTV system and any recommendations from the Overview and Scrutiny Board.

(Note:  this report contains an exempt appendix which has been circulated separately.)

Following the decision of the Council on 25 February 2016 for prudential borrowing to be used to upgrade and update the Council’s CCTV equipment, members received the submitted report setting out options to modernise the CCTV system.

The report of the Overview and Scrutiny Board supporting the officer recommendations was circulated prior to the meeting.

Councillor Excell proposed and Councillor Ellery seconded a motion, which was agreed (unanimously) by the Council as set out below:

(i)         that the decision of the Council in February 2016 that prudential borrowing of £0.350 million to upgrade and update the Council’s CCTV equipment be approved, with the cost of borrowing to be included in future year revenue budgets offset by any future external contributions and any resulting revenue savings, be reconfirmed; 

(ii)        that the installation of a wireless-based CCTV system for Torbay, in one phase, along with a modern control system and replacement of the PTZ cameras (i.e. Option 4 set out in Appendix 1 to the submitted report) be approved;  and

(iii)       that it be accepted that the ongoing revenue costs of providing the new CCTV system will be up to £200,000 per annum for ten years, though this figure is likely to decrease over time with further income being achieved.

To consider adjouring the meeting until 5.30 p.m. on 20 July 2017 for the remaining items on the agenda.

At this juncture the meeting was adjourned until 5.30 pm on Thursday 20 July 2017.

Members considered a motion in relation to a vote of no confidence in the Mayor, notice of which was given in accordance with Standing Order A14.  In accordance with Standing Order A14.3(b), the motion was dealt with by this meeting.

Councillor Thomas (D) proposed and Councillor Tyerman seconded a motion, which was agreed by the Council (by recorded vote) as set out below:

that this Council has no confidence in the elected Mayor, Gordon Oliver. Such lack of confidence has arisen for numerous reasons including inter alia:

1.      The Local Government Association in their Corporate Peer Review advised of their governance concerns in respect of the following:

i.     There are tensions at a senior level politically that has real implications for the leadership of the Council;

ii.    There was a lack of a consistent political purpose;  and

iii.   That unless concerns were addressed the Council would continue to be held back and have real implications.

It is the Council's view that the Mayor has failed to respond appropriately to the governance concerns as raised by the Local Government Association and consider this to be a dereliction of the Mayor's duties in serving the interests of the people of Torbay; 

2.      On 3 July 2017 the Monitoring Officer issued a Monitoring Officer Report pursuant to s.5 Local Government and Housing Act 1989.  The report sets out that the Mayor has sought to make a decision that is unlawful, as it is ultra vires, despite clear advice in this respect having been provided to him. It is the Council’s view that such behavior by the Mayor demonstrates a complete disregard as to the limitations placed upon him by Council, a belief that as Mayor that he can do as he wishes. As such this is considered to be a dereliction of the Mayor's duties in serving the interests of the people of Torbay;

3.      The Local Government Association in their Corporate Peer Review advised of their concerns in respect of the Council's financial position as follows:

i.     That more must be done in order to bring forward budget proposals and/or accelerate them and de-risk them to ensure delivery;

ii.    That the predicted budget gap was highly concerning and that the efficiency plan and financial resilience of the Council needed to be urgently reviewed;  and

iii.   That the financial demands were such that they advised that there should be a separate Executive Lead for Finance.

It is the Council's view that the Mayor has failed to respond appropriately to the financial concerns as raised by the Local Government Association and consider this to be a dereliction of the Mayor's duties in serving the interests of the people of Torbay;

4.      Over the last two years the Mayor has consistently failed to obtain the support of Council for a large number of Policy Framework proposals, which have in most instances been substantially altered by Council resolution.  His most recent revenue and capital budgets have been significantly amended by Council, and  ...  view the full minutes text for item 62.

To consider the submitted report and any recommendations from the Overview and Scrutiny Board on the future of the Torbay Airshow.

Members received details of the outcome of the Torbay Air Show 2017 and a revised financial proposal to support the Air Show in future years for the benefit of Torbay’s economy (as set out in the submitted report).

The recommendations of the Overview and Scrutiny Board and a revised officer recommendation were circulated prior to the meeting.

Mayor Oliver proposed and Councillor Amil seconded a motion as set out below:

          (i)           that the Council amends its existing commitment and makes a new five year funding commitment to develop the Torbay Airshow with a maximum commitment of up to £100,000 for year 1 (2018);  year 2 reducing to £90,000; in year 3 £81,000;  in year 4 £73,000;  and in year 5 £66,000.  These figures represent a 10% reduction year on year in the Council’s investment in the Airshow.  Whilst this commitment provides financial stability, in order to achieve best value for the Council it will deem this to be financially successful if the reduction in funding can be increased further to 20% per year and that actual performance is to be measured against both these targets;  and

          (ii)          that the Torbay Airshow Working Party be instructed to consider how the Airshow can provide an opportunity to create greater benefits which support the Council's broader corporate objectives (including providing opportunities for the Council's Looked After Children) and its terms of reference be updated accordingly.

During the debate Councillor Pentney proposed and Councillor Carter seconded an amendment to the motion as follows:

(i)          that the Council notes that targets had been determined by the Council at its meeting on 21 July 2016 as follows:  2016 actual £250,000 loss;  2017 £100,000 loss;  2018 £70,000 loss;  2019 £41,000 loss;  and 2020 £9,000 profit.  Therefore, the Council reaffirms its original decision as follows:

that the Council makes a three year funding commitment to develop the Torbay Air Show in accordance with the proposal in Appendix 3 of the submitted report to be funded as part of the 2017/18 budget development with future years built into the Medium Term Resource Plan.

Arising from the debate on the amendment and in accordance with Standing Order A16.8(b), Councillor Pentney agreed with Councillor Carter to make changes to the amendment as follows:

(i)          that the Council notes that targets had been determined by the Council at its meeting on 21 July 2016 as follows:  2016 actual £250,000 loss;  2017 £100,000 loss;  2018 £70,000 loss;  2019 £41,000 loss;  and 2020 £9,000 profit. 

that the Council makes a five year commitment of officer time to develop the Torbay Air Show in accordance with the proposal determined by the Council on 21 July 2016.

The amendment was put to the vote and declared lost.

Mayor Oliver’s and Councillor Amil’s original motion was then considered by the Council which was agreed, as set out below:

          (i)           that the Council amends its existing commitment and makes a new five year funding commitment to develop the Torbay  ...  view the full minutes text for item 63.

To consider the submitted report on a review of the Council’s warding patterns.

Further to Council Minute 161/2/17, members considered the submitted report on the Council’s consultation response to the Local Government Boundary Commission for England’s (LGBCE) formal review of the proposed warding patterns for Torbay from 2019.  It was noted the consultation was based on an indicative number of Councillors for Torbay of 36 and where possible ensuring there was an equal number of electors per Councillor across Torbay.

Mayor Oliver proposed and Councillor Mills seconded a motion as set out below:

(i)         that the Proposed Changes to Warding Patterns – Submission by Torbay Council set out in Appendices 1 and 5 to the submitted report be approved for submission to the Local Government Boundary Commission for England;

(ii)        that the Assistant Director Corporate and Business Services be requested to redraw the 15 Ward maps using GIS to show the changes to the warding patterns reflected in Appendices 1 and 5 to the submitted report;  and

(iii)       that the Assistant Director Corporate and Business Services be authorised to make any technical amendments to address any anomalies identified when redrawing the Ward maps.

During the debate Councillor Morey proposed and Councillor Kingscote seconded an amendment to the motion as follows:

that the submitted report on the Review of Electoral Arrangements – Submission by Torbay Council on Warding Patterns be deferred to an extraordinary meeting of the Council, to be arranged in August 2017 and prior to the LGBCE deadline of 14 August 2017, to allow time for further consideration and co-operation between members in an attempt to achieve a proposal that is widely supported.

A recorded vote was taken on the amendment.  The voting was taken by roll call as follows:  For:  Councillors Bent, Carter, Darling (M), Darling (S), Doggett, Ellery, Excell, Hill, Kingscote, Morey, O’Dwyer, Parrott, Pentney, Sanders, Stockman, Stocks, Sykes and Tolchard (18);  Against:  Councillors Amil, Barnby, Bye, Haddock, King, Lewis (B), Lewis (C), Manning, Mills, Robson, Thomas (D), Tyerman and Winfield (13);  Abstain:  Mayor Oliver, Councillors Brooks and Thomas (J) (3);  Absent:  Councillors Morris, Stringer and Stubley (3).  Therefore, the amendment was declared carried.

The amended (substantive) motion was then considered by members, which was agreed by the Council as follows:

that the submitted report on the Review of Electoral Arrangements – Submission by Torbay Council on Warding Patterns be deferred to an extraordinary meeting of the Council, to be arranged in August 2017 and prior to the LGBCE deadline of 14 August 2017, to allow time for further consideration and co-operation between members in an attempt to achieve a proposal that is widely supported.

To consider the submitted report on the above.

The Council considered the Chief Executive’s report, as Head of Paid Service, on a proposal to develop an alternative delivery model for Torbay Children’s Services.  The submitted report set out the details of proposals to develop alternative delivery models that commenced in January 2016 and prior to the Ofsted inspection which judged services to be inadequate.  It was noted that, as a result of the judgement, a Statutory Direction issued by the Department for Education (DfE) in May 2016 appointed a Commissioner to challenge and support the work of the Council to address the failures identified by Ofsted.  The Commissioner was also tasked to explore the extent to which sustained improvement may be secured through different models of governance and service delivery.  The submitted report set out the recommendations of the Commissioner to the DfE for Torbay’s Children’s Services to partner with Plymouth City Council and details of other partnering arrangements explored.

Councillor Parrott proposed and Councillor Barnby seconded a motion as set out below:

that Council gives delegated authority to the Chief Executive and Director of Children’s Services, in consultation with the Executive Lead for Adults and Children’s Services, to develop a detailed partnership agreement for the future delivery of Children’s Services in accordance with the Statutory Direction. The Statutory Direction requires the Council to comply with the Commissioner, and his current recommendation for a future partner for Children’s Services is Plymouth City Council.  On the basis that final proposals are presented to Council for approval in September 2017.

During the debate Councillor Thomas (D) and Councillor Thomas (J) seconded an amendment to the motion as follows:

that Council gives delegated authority to the Chief Executive and Director of Children’s Services, in consultation with the Executive Lead for Adults and Children’s Services, to develop a detailed partnership agreement for the future delivery of Children’s Services in accordance with the Statutory Direction. The Statutory Direction requires the Council to comply with the Commissioner, and his current recommendation for a future partner for Children’s Services is Plymouth City Council.  On the basis that final proposals are presented to Council for approval in September 2017.

At this juncture, the Monitoring Officer advised that a letter had been received from John Coughlan, the Commissioner on behalf of the Department for Education, on 20 July 2017, which was then circulated at the meeting (attached to these minutes).  The Chairwoman allowed a short adjournment to allow members to read the letter.  The meeting then reconvened.

During the debate, Councillor Parrott and Councillor Barnby accepted the amendment, which was then incorporated in the original motion.

During the debate Mayor Oliver proposed and Councillor Haddock seconded an amendment to the updated motion as follows:

that the Chief Executive and the Director of Children’s Services, in consultation with the Executive Lead for Adults and Children’s Services, undertake a review of wider services in Torbay to identify a long-term improvement partner for vulnerable children and young people in Torbay, which includes exploring options with Plymouth  ...  view the full minutes text for item 65.

At this juncture, the Monitoring Officer advised that the meeting had exceeded four hours in duration and, in accordance with Standing Order A11.2, the Chief Executive had indicated that item 16 (Mayor’s response to objection to the transformation project – Generating income through Housing Policy Framework document) must be transacted at the meeting.  Therefore, the meeting continued.

To consider the record of decision setting out the Mayor’s formal response to the Council’s objections to the Housing Policy Framework Document.

Further to the Council meeting held on 22 June 2017, members considered the submitted report on the Mayor’s response to the objections raised by the Council on the Mayor’s proposed Housing Companies Policy Framework document.

Mayor Oliver proposed and Councillor King seconded a motion as set out below:

the Mayor disagrees with the Council’s objection and confirms his original recommendation to Council as set out below:

that the Housing Company Policy Framework document set out at Appendix 2 to the submitted report be approved.

During the debate Councillor Thomas (D) proposed and Councillor Darling (S) seconded an amendment to the motion as follows:

(i)         that the Housing Rental Company Policy Framework document, as set out in Appendix 1 to the amendment published on 19 July 2017, be approved;

(ii)        that a Housing Rental Company Committee be created, with the Terms of Reference as set out in Appendix 2 to the amendment published on 19 July 2017, consequently all of the reserved matters for the Housing Rental Company will be decided by the Committee.  The Committee to comprise of six Members and that the Special Responsibility Allowance (SRA) for the Chairman of the Committee be £3,405 subject to consultation with the Independent Remuneration Panel; 

(iii)       that Council allocate up to £50,000 from the Transformation Budget to enable an overarching business plan and individual business cases for the Housing Rental Company to be prepared;

(iv)       that, in principle, the Council grant to the Housing Rental Company working capital of £250,000 in the form of a loan, the terms of which to be agreed by the Head of Finance including any timing and value of drawdown against this amount in accordance with detailed business cases being presented to the Housing Rental Company Committee.

(v)        that Council approve £25m of Prudential Borrowing, in principle, to facilitate the work of the Housing Rental Company, in the form of a loan for a capital purpose.  Detailed business cases are required to be presented to the Housing Rental Company Committee for approval, in order to trigger any draw down against this amount.  The terms of the loan to be determined at the point of draw down by the Head of Finance;

(vi)       that the Director of Adults and Transformation be given delegated authority to appoint the Directors of the Housing Rental Company;  and

(vii)     The Council Asset Management Plan be amended so as to include the following:

Where the Council proposes to dispose of land of any value to the Housing Rental Company these shall be decisions for Full Council to take as part of the approval of each Business Case

The amendment was put to the vote and as more than two-thirds of members present and voting had cast their vote in support of the amendment, it was carried.

The amended (substantive) motion was then considered by members and as more than two-thirds of members present and voting had cast their vote in support, it was agreed by the Council as follows:  ...  view the full minutes text for item 67.