Members observed a minute’s silence as a mark of respect in memory of the late former Councillor Eileen Salloway who passed away on 10 May 2018 and will be greatly missed.  The meeting was then opened with a prayer.

Apologies for absence were received from Councillors Barnby, Bent, O’Dwyer, Sanders and Winfield.  It was noted that Councillor Morris would be arriving late and Councillor Carter needed to leave around 7.30 pm.

To confirm as a correct record the minutes of the annual meeting and adjourned annual meeting of the Council held on 14 May 2018.

The Minutes of the meeting the annual Council meeting held on 14 May 2018 and the adjourned annual Council meeting held on 14 May 2018 were confirmed as correct records and signed by the Chairman.

To receive any communications or announcements from the Chairman, the Elected Mayor, the Overview and Scrutiny Co-ordinator, the Council’s representative on the Heart of the South West Joint Committee or the Chief Executive.

The Chairman referred to the successful ceremony and parade for RAF Brize Norton held earlier today.

The Overview and Scrutiny Co-ordinator reminded members of the Overview and Scrutiny Spotlight Review on Neighbourhood Policing meeting being held at the Town Hall, Torquay at 9.30 am on Monday, 25 June 2018 and encouraged as many Councillors to attend as possible.

Councillor Thomas (D) provided a report to the Council on his work as the Council’s representative on the Heart of the South West Joint Committee and Torbay Together as attached to these Minutes.

In accordance with Standing Order A7.2 in relation to Council meetings, the order of business was varied to enable: agenda Item 10 (Call-in of Elected Mayor’s Decision on Future of Oldway Mansion) and Item 11 (Future of Oldway Mansion) to be considered after Item 7(a) (Petition – Oldway is not for sale).

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 Holbrook who represented Mrs Waugh who had submitted a question in relation to the Council’s position on licensing for landlords.  The Executive Lead for Housing, Councillor Stocks, responded to the question that had been put forward.

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

In accordance with Standing Order A12, the Council received a petition requesting the Council not to sell Oldway Mansion and estate and to secure a structured and considered long-term strategy for keeping Oldway at the heart of the community.  The Chairman reported that 888 qualifying electronic signatures had been received by the deadline for submission of petitions to this Council meeting and that there were approximately 2501 signatures on the petition as at 12 June 2018.

At the invitation of the Chairman, Mr Hawthorne addressed the Council in relation to the petition.

It was noted that the matters set out in the petition were due to be considered at this Council meeting (please refer to Minutes 35 and 36 below).

To consider any recommendations from the Overview and Scrutiny Board in connection with their call-in of the elected Mayor’s decision taken on 11 June 2018 in respect of the Future of Oldway Mansion.

At its meeting held on 13 June 2018, the Overview and Scrutiny Board considered the Notice of Call-in of the Mayor’s decision part (iii) to commence market testing to determine whether there is interest in securing the freehold or long leasehold disposal of Oldway Mansion.  The Board resolved that, having listened to the advice of the Monitoring Officer, the Elected Mayor’s decision was contrary to the Policy Framework as it did not believe that it made best effect of the Council’s reducing resources (as set out the Corporate Plan).  In accordance with Standing Order D10.3 the matter was referred to the Council for consideration.

The Council considered the submitted report on the findings of the Overview and Scrutiny Board and further information regarding the Elected Mayor’s decision, along with the advice of the Monitoring Officer.  They also received a record of decision setting out the Elected Mayor’s response to the position of the Overview and Scrutiny Board.

Members firstly considered whether or not the Elected Mayor’s decision was contrary to the Policy Framework.

Councillor Lewis proposed and Councillor Darling (S) seconded a motion, which was agreed by the Council (by recorded vote) as set out below:

that the Elected Mayor’s decision is contrary to the Policy Framework (Corporate Plan) as it does not believe that it makes best effect of the Council’s reducing resources.

A recorded vote was taken on the motion.  The voting was taken by roll call as follows:  For:  Councillors Brooks, Bye, Carter, Darling (M), Darling (S), Doggett, Hill, King, Kingscote, Lewis (B), Lewis (C), Long, Morey, Morris, Pentney, Robson, Stubley, Skyes, Thomas (D), Thomas (J), Tolchard and Tyerman (22);  Against:  Elected Mayor Oliver and Councillors Ellery, Excell, Manning, Mills, Parrott, Stockman and Stocks (8);  Abstain:  Councillors Amil and Haddock (2); and Absent:  Councillors Barnby, Bent, O’Dwyer, Sanders and Winfield (5).

In accordance with Standing Order D10.8, the Monitoring Officer advised that as the Council had determined that the Elected Mayor's decision was contrary to the Policy Framework, the decision was deemed as a recommendation to the Council.  Elected Mayor Oliver proposed and Councillor Mills seconded a motion:

(iii)       that market testing commences now, through accredited agents, to see whether there is interest in securing the freehold or long leasehold disposal of Oldway Mansion and Estate. The marketing should engage with all interested parties, including charities, trusts, private individuals and commercial organisations, and for local community groups, such as the Friends of Oldway, the Community Asset Transfer Policy would be applicable;

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

(iii)       that market testing commences now, through accredited agents, to see whether there is interest in securing the freehold or long leasehold disposal of Oldway Mansion and Estate not be pursued.  The marketing should engage with all interested parties, including charities, trusts, private individuals and commercial organisations, and for local community groups, such as the Friends of Oldway, the Community Asset Transfer Policy would  ...  view the full minutes text for item 35.

To consider the submitted report on the future of Oldway Mansion and receive the recommendations of the Oldway Mansion and Estate Working Party.

The Council received the report and recommendations of the Oldway Mansion and Estate Working Party, as set out in the submitted report.  A revised Working Party recommendation was circulated on 20 June 2018.  It was noted DCA consultants were appointed to produce an options appraisal and proposals for the future use of Oldway Mansion and estate, which were broadly agreed by the Working Party.

Councillor Robson proposed and Councillor Morey seconded a motion, which was agreed (by roll call) by the Council as set out below:

This Council thanks the Working Party for their work over the preceding months and DCA for their production of a comprehensive and enlightening report.

Council notes and supports paragraphs (i), (ii), (iv) and (v) of the Elected Mayors decision of 11 June 2018.

Whilst the Council supports the ambitions for the future restoration of Oldway Mansion, including the ideas contained in the DCA report, it recognises that it is not currently in a position to commit to funding its restoration, beyond that which is needed to deal this year with the dry rot.

Decision

3.1       That the Oldway Working Party’s terms of reference be amended so as to include oversight in respect of:

3.1.1   specifying, fully costing and prioritising the works identified in Phase 1 of the DCA report;

3.1.2   exploring with the community all potential sources of funding for the entirety of the Phases, including, but not limited to;

·         Grant funding

·         Fund raising events

·         Crowd funding

·         Business opportunities and investment

·         Legacies

·         Philanthropic contributions

3.1.3   production of a flexible programme of proposed delivery of restoration works which aligns with the availability of funding; and

3.1.4   strategic oversight of commissioning and delivery of any restoration works.

A recorded vote was taken on the motion.  The voting was taken by roll call as follows:  For:  Councillors Amil, Brooks, Bye, Carter, Darling (M), Darling (S), Doggett, Ellery, Haddock, Hill, King, Kingscote, Lewis (B), Lewis (C), Long, Manning, Morey, Morris, Parrott, Pentney, Robson, Stockman, Stocks, Stubley, Skyes, Thomas (D), Thomas (J), Tolchard and Tyerman (29);  Against: (0);  Abstain:  Elected Mayor Oliver and Councillors Excell and Mills (3); and  Absent:  Councillors Barnby, Bent, O’Dwyer, Sanders and Winfield (5).

(Note:  Councillor Carter left the meeting after discussion of this item.)

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

Members received a paper detailing questions, as set out at Appendix 3 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 Elected Mayor Oliver and Councillors Ellery, Excell, Lewis (C), Mills, Parrott and Thomas (D).  It was noted that Question 13 had been withdrawn at the request of Councillor Darling (S).

Supplementary questions were put and answered by Councillors Ellery, Excell, Mills, Parrott and Elected Mayor Oliver, arising from their responses to the questions in respect of questions 1, 2, 3, 4, 5, 6, 9, 10, 11 and 12.

Councillor Tyerman advised the Council that he wished the notice of motion in relation to the provision of disabled toilet facilities at Goodrington to be withdrawn as the matter had already been dealt with outside of the meeting.

Members considered a motion in relation to increasing the supply of good quality affordable homes in Torbay, 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 the motion, which was agreed (unanimously) by the Council as set out below:

Over the past few years the number of affordable homes built in Torbay has failed to reach targets set by the Council and the availability of good quality homes available to rent at affordable prices has fallen short of meeting the level of demand in Torbay.

As an initial move to increase the supply of good quality affordable homes Council requests the Director of Adult Services and Housing to bring forward to Council, at the earliest opportunity and no later than 19 July 2018, proposals to deliver affordable housing schemes at locations which have no significant impairment to rapid delivery and which are assessed as being able to support financially viable schemes, or which together, are able to support a collective package which achieves overall financial viability.

Sites to be considered for inclusion in the report must include but should not be limited to;

(i) Redwell Lane

(ii) Totnes Road

(iii) St Kilda’s

Members considered a motion in relation to the delivery of the Town Centre Regeneration Transformation Project and the Town Centre Regeneration Board, 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 Haddock seconded the motion, which was agreed by the Council as set out below:

In June 2015 this Council established the Town Centre Regeneration Programme Board to deliver one of the Council’s Transformation Projects.

The key objectives of Town Centre Regeneration Transformation Project are stated to be:

(a)       To deliver and enable significant and successful regeneration of Torbay’s Town Centres as a key part of Torbay’s overall growth and place making agenda;  and

(b)       To generate income to support the Council’s budget in order to deliver local services.

Further, in April 2017 Council approved as a policy framework document the “Transformation Strategy for Torbay’s Town Centres” as an appendix to the “Torbay Economic Strategy.”

Further still, in October 2017 Council agreed the following motion:

(i)         that prudential borrowing of £25 million be approved to create a Town Centre Regeneration Programme Fund that will support delivery of the projects identified within Phase 1 of the Town Centre Regeneration (TCR) Programme, as set out in the Council’s Transformation Strategy for Town Centres, with any draw down against this sum being delegated to the Chief Executive in consultation with the Elected Mayor, Group Leaders and Chief Finance Officer, in accordance with the approved Business Case at (iii) below;

(ii)        that any income (revenue or capital) from the projects within Phase 1 of the TCR Programme, in excess of the amount required to cover the prudential borrowing costs for the £25 million and sustain service delivery (including any increased service costs/forecast income), be re-invested into the delivery of the Town Centre Regeneration Programme; 

(iii)       that the Town Centres Regeneration Programme Board must submit for approval by the Chief Executive, in consultation with the Elected Mayor and Group Leaders, an initial 5 year Town Centres Regeneration Business Plan, including delivery timescales and interdependencies between the projects demonstrating how the prudential borrowing will be used.  The Business Plan needs to be regularly reviewed, with the Board submitting amendments for approval.  The Overview and Scrutiny Board will periodically review progress against the business plan; 

(iv)      that the Town Centres Regeneration Business Plan will include the delivery of at least two public realm projects, one for Paignton and one for Torquay, at a combined cost of approximately £3 million, and the delivery of a refurbished Lower Union Lane Multi Storey Car Park at a cost of approximately £3.5 million, subject to the completion of Heads of Terms and a signed Agreement to Lease for the development of student accommodation at Upton Place (or another project that can cover the prudential borrowing costs of the car park refurbishment and public realm projects), with detailed proposals to be included  ...  view the full minutes text for item 40.

To consider the submitted report on the revised Children and Young People’s Plan Policy Framework document.

The Council considered the submitted report on a revised Children and Young People’s Plan.  It was noted the revised plan sought to integrate the Children’s Plan within the Council’s Policy Framework to ensure a continuous, coherent approach for the commissioning, planning and delivery of services for children and young people.

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

that the Children and Young People’s Plan 2018/2023 be approved as part of the Council’s Policy Framework and that it be noted that final amendments may be made, in accordance with the Constitution, in light of the outcome of the Ofsted Inspection.

To confirm the following statutory officer appointment:

Director of Children’s Services – Alison Botham

The Council was requested to confirm the statutory officer appointment for the Director of Children’s Services.

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

that Alison Botham be appointed as the Statutory Officer for the Director of Children’s Services from 6 July 2018.

To consider the submitted report on the timing of a Community Governance Review.

The Council resolved on 27 October 2016 to undertake a community governance review once the electoral review of ward boundaries had concluded.  The electoral review was due to conclude on 22 June 2018 and members considered the submitted report on when the review should be undertaken.  It was noted the review would assist the Council to consider whether or not to form new town councils within Torbay.  The financial pressures facing the Council in 2020 and a need to consider a wider review of local government reorganisation were highlighted at the meeting.

Elected Mayor Oliver proposed and Councillor Tyerman seconded a motion, which was agreed by the Council as set out below:

(i)         given the severity of the financial projections identified by the Chief Executive and the Section 151 Officer for 2020 that the Chief Executive be requested to immediately review all local government reorganisation options, including Torbay Council reverting to a District Council.  It is not envisaged that this review will change the five year contractual relationship with Plymouth City Council for the delivery of Children’s Services;

(ii)        that in reviewing the options as set out in (i) above, the Chief Executive shall engage with all relevant bodies, including, but not limited to:

            - MPs

            - Local Government Association

            - Local Partnerships

            - other Council’s

            and the Chief Executive shall involve the Elected Mayor and Group Leaders as appropriate; and

(iii)       In light of (i) and (ii) above that Minute 92 of 27 October 2016 be rescinded.

At this juncture, the Monitoring Officer reported that the meeting had exceeded four hours in duration and in accordance with Standing Order A11.2, the Chief Executive had indicated that the remainder of the business left on the agenda must be transacted at the meeting.  Therefore, the meeting continued.

To consider the submitted report on the above.

The Council considered the submitted report on establishing the Standards Hearing Sub-Committee.

Elected Mayor Oliver proposed and Councillor Ellery seconded a motion, which was agreed by the Council as set out below:

(i)         that, a sub-committee of the Standards Committee be established to comprise three Members of the Standards Committee (and 1 Brixham Town Councillor if the complaint is about a member of the Town Council); and

(ii)        that the terms of reference of the Standards Hearing Sub-Committee be to consider any alleged breaches of the Members Code of Conduct or local protocols, as and when referred to it by the Monitoring Officer.

To consider the submitted report on the above.

Members noted the submitted report in respect of the Treasury Management Outturn for 2017/2018.

To consider the outturn position of the Revenue Budget and Capital Plan Budget for 2017/2018 and any recommendations from the Overview and Scrutiny Board.

The Council noted the forecast position for Revenue Budget for 2017/18 based on quarter four information, as set out in the submitted report.

To receive details on the composition and constitution of the Elected Mayor’s Executive for 2018/2019, together with the record of delegation of Executive Functions.

The Council received and noted the submitted report in respect of changes made by the Elected Mayor to his Executive.

To consider passing a resolution to exclude the press and public from the meeting prior to consideration of the following items on the agenda on the grounds that exempt information (as defined in Part 1 of Schedule 12A of the Local Government Act 1972 (as amended)) is likely to be disclosed.

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

that the press and public be excluded from the meeting prior to consideration of item 20 on the agenda on the grounds that exempt information (as defined in paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended) is likely to be disclosed.

Prior to consideration of the items in Minute 50 the press and public were formally excluded from the meeting.

To consider the submitted exempt report on the above.

The Council considered the submitted exempt report on the future of TOR2 services.

The decision of the Council meeting is restricted due to exempt information contained within the decision.

To consider any recommendations from the Investment and Regeneration Committee on investment opportunities.

The Chairman reported that there were no recommendations from the Investment and Regeneration Committee for consideration at this meeting of the Council.