The meeting was opened with a prayer.

Apologies for absence were received from Councillors Bent, King, Long, Parrott and Winfield.

Councillor Kingscote arrived late to the meeting and during consideration of Minute 80.

To confirm as a correct record the minutes of the meeting of the Council held on 19 July 2018.

The Minutes of the meeting of the Council held on 19 July 2018 were confirmed as a correct record and signed by the Chairman.

Councillor Hill declared a non-pecuniary interest in respect of Minute 80 as he was a Director of the RICC.

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

The Chairman:

a)         invited members to the Annual Civic Church Service which was due to be held at Palace Avenue Methodist Church, Paignton, on Sunday 30 September 2018 at 3.00 pm; 

b)         advised that he attended the service of thanksgiving and rededication to commemorate the Battle Of Britain and the centenary of the formation of the RAF held at the Parish Church of St Luke, Torquay, on Sunday 16 September 2018;  and

c)         informed members that, on 17 September 2018, he attended the inauguration of a new Parish Minister at Upton St. Mary Magdalene, where Reverend Samuel Leach became the Rector of the Church.  The Right Reverend Robert Atwell, Bishop of Exeter was also present.

The Overview and Scrutiny Co-ordinator thanked those Members who took part in the Task and Finish Group, which was called at short notice to review the recommendations before this Council meeting on the Transformation Project for the Future of ICT Services.

In accordance with Standing Order A7.2 in relation to Council meetings, the order of business was varied to enable agenda Item 11 (Transformation Project – Future of ICT Services) to be considered before Item 17 (Exclusion of the Press and Public).

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 as attached.

In accordance with Standing Order A24, the Council heard from Mr Colhoun who had submitted a statement and question in relation to the Council charging registered charities for the use of public open space in Torbay.  The Elected Mayor responded to the statement and question that had been put forward, plus a supplementary question asked by Mr Colhoun.

To receive a petition and oral representations from the public in accordance with Standing Order A12 as attached.

In accordance with Standing Order A12, the Chairman reported that the Council had received a petition requesting the Council to install traffic calming devices along Eden Park Road and outside Eden Park Primary School, Brixham (approximately 102 valid signatures).

It was noted that the petition would be referred to the Assistant Director of Business Services for consideration in consultation with the Executive Lead for Community Services.

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 Elected Mayor Oliver and Councillors Excell, Mills, Parrott and Stocks.

Supplementary questions were put and answered by Elected Mayor Oliver and Councillors Excell, Mills and Stocks, arising from their responses to the questions in respect of questions 1, 2, 3, 4, 5, 6, 8 and 9.

Members considered a motion in relation to the Brexit negotiations, notice of which was given in accordance with Standing Order A14.

Councillor Ellery proposed and Councillor Haddock seconded the motion, as set out below:

This Council notes the decision of the people of Torbay by a majority to support leaving the European Union and requests the Chief Executive of Torbay Council write to our Members of Parliament calling upon them to support the major democratic decision of the people of Torbay and that they support proposals that reflect that view in all negotiations nationally by the Government with the European Union.

In accordance with Standing Order A14.3(a), the motion stood referred to the Elected Mayor.  The Elected Mayor supported the motion and his record of decision is attached to these minutes.

Members considered a motion in relation to the proposed merger of the governing bodies of the Clinical Commissioning Groups within Devon, notice of which was given in accordance with Standing Order A14.  In the absence of Councillor Long, the Chairman permitted Councillor Sanders to propose the motion.

Councillor Sanders proposed and Councillor Darling (S) seconded the motion, as set out below:

Torbay Council notes that the Governing Bodies of the Clinical Commissioning Groups in Devon have submitted an ‘expression of interest’ to merge.

This Council further notes that the following concerns have been raised at meetings of the Overview and Scrutiny Board:

·         The lack of any positive outcomes in terms of improved services for local residents;

·         The lack of clarity on how a new merged body would be accountable to local people;

·         Concerns about Torbay’s influence in a larger body being watered down;

·         Concerns that this decision could be made behind closed doors without public consultation; and

·         Questions over whether funds currently earmarked for Torbay might be subsumed into a wider body.

It is understood that similar issues have been raised at meetings of Devon County Council’s Overview and Scrutiny Board. 

This Council understands that this issue will be discussed at a meeting of Torbay’s Overview and Scrutiny Board in October, and recommends that a written report is presented from the local Clinical Commissioning Group responding to the above concerns at that meeting.

In accordance with Standing Order A14.3(a), the motion stood referred to the Overview and Scrutiny Board.

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

Following the Council’s decision in February 2018, Members considered the submitted report on proposals for a market brief and procurement exercise to establish development opportunities for the future of the Riviera International Conference Centre (RICC) site and the surrounding area.

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

(i)         that Council approve the ‘Riviera International Conference Centre Market Brief’, as shown in Appendix 1 to the submitted report, and note that on this basis the Council will commence a procurement exercise to identify a Strategic Delivery Partner to establish development opportunities and solutions for the RICC;  and

(ii)        that following the procurement exercise the decision to award the ‘preferred bidder’ to become the Council’s Strategic Delivery Partner is presented to Council for approval in May 2019.

(Note 1:  Councillor Hill declared his non-pecuniary interest during consideration of this item.)

(Note 2:  Councillor Kingscote joined the meeting during consideration of this item.)

To consider the submitted report on the Elected Mayor’s response to the Council’s objection to the current Investment and Regeneration Fund Strategy and the recommendations of the Investment and Regeneration Committee.

Further to the Council meeting held on 19 July 2018, Members considered the submitted report on the Elected Mayor’s response to the objections raised by the Council on the Investment and Regeneration Fund Strategy, along with the recommendations of the Investment and Regeneration Committee to update the Strategy.  Members received the Elected Mayor’s revised Record of Decision prior to the meeting.

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

(i)         that the revised Investment and Regeneration Fund Strategy set out at Appendix 2 to the submitted report be approved;  and

(ii)        that the following decisions be rescinded:

Minute 180/4/17 (ix) - that any revenue surplus generated from the Town Centres Regeneration Programme be earmarked to fund a Town Centre Investment Fund with any capital receipts from the Programme being allocated by the Council in accordance with the Budget and Policy Framework; 

Minute 119/10/17 (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;

Minute 119/10/17 (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;

Minute 40/6/18 (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;

Minute 40/6/18 (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; and

Minute 40/6/18 (v) that, if necessary, the £25 million Town Centre Regeneration Programme Fund can be used to make strategic acquisitions of property, with the revenue and/or capital income from such purchases being reinvested into the delivery of the TCR Programme.  The authority to make such acquisitions is delegated to the Executive Head of Business Services, in consultation with the Chief Finance Officer and the Town Centres Regeneration Programme Board,  ...  view the full minutes text for item 81.

To consider the submitted report on a review of the Housing Strategy and use of the Housing Company.

Further to the request of the Council on 19 July 2018 for a review of the delivery and implementation of the Housing Strategy, Members received the submitted report on the outcome of the review and current position.  It was noted the Assistant Director of Business Services had been delegated Council’s instructions for delivery of affordable housing schemes by the Chief Executive to avoid any conflict of interest in relation to the TDA or other senior officers’ involvement with the Council’s Housing Company.

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

(i)         that, the Director of Adults and Housing be instructed to amend, consolidate and refresh Torbay Council’s existing Housing Strategy and associated documents so that they align with the Council’s current approach to policy framework documents, encompass the changes to the National Planning Policy Framework (NPPF), following a period of development and consultation, the revised Housing Strategy for Torbay to be presented to Council for approval as soon as possible after the local elections in May 2019;

(ii)        that, the Housing Committee be asked to consider the benefits and/or disadvantages of merging the Housing Rental Company (RentCo) into the TDA, or a subsidiary of the TDA to enable relevant schemes to be delivered at pace, and report back to Council with an appropriate recommendation;

(iii)       that, the Assistant Director of Business Services, be requested to identify additional potential sites for affordable housing and report on this to Council in October 2018;  and

(iv)       that, following the Prime Minister’s announcement on 19 September 2018 for £2 billion of government funding to build new homes, the Director of Adult Services and Housing be instructed to pursue this funding for Torbay.

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

(iii)       That, the Assistant Director of Business Services, be requested to identify additional potential sites for affordable housing and report on this to Council in October 2018.

(iii)       that, in accordance with Minute 67 of 19 July 2018, Council re-emphasises its requirement for the housing schemes at Redwell Lane, Totnes Road and St Kilda’s to be progressed as a matter of urgency, but notes that no decision has yet been taken in this respect.  It is further noted that the Chief Executive has delegated this decision to be implemented by the Assistant Director of Business Services.  In light of this further delegation, that the Assistant Director of Business Services be instructed, as a matter of urgency, to make a decision regarding the delivery of the schemes, as per Minute 67, and to utilise the £20,000 previously identified to continue the ongoing design, planning and procurement work required to secure delivery of these affordable housing schemes at the earliest opportunity.

The amendment was put to the vote and declared carried.

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

(i)         that, the Director of Adults and Housing be instructed to amend, consolidate  ...  view the full minutes text for item 82.

To consider the submitted report from the Chief Executive on future options for local government reorganisation.

Further to the Council’s decision on 21 June 2018, Members considered the submitted report on the outcome of the Chief Executive’s review of local government reorganisation options.  It was noted the Chief Executive obtained the views of relevant authorities across Devon as to their position in respect of any proposed local government re-organisation and that there was no desire from those authorities for any form of reorganisation either currently or in the foreseeable future.  Therefore, the Chief Executive had undertaken a review of the business cases undertaken by Local Partnerships in 2017 and recommended the Council consider the possible creation of Town Councils to raise revenue in light of the Council’s financial position.

Elected Mayor Oliver proposed and Councillor Mills seconded a motion, which was determined by recorded vote. The voting was taken by roll call as follows: For: Elected Mayor Oliver, Councillors Amil, Carter, Darling (M), Darling (S), Doggett, Ellery, Excell, Haddock, Manning, Mills, Morey, Pentney, Sanders, Stockman and Stocks (16); Against: Councillors Barnby, Brooks, Bye, Hill, Kingscote, Lewis (B), Lewis (C), Morris, O’Dwyer, Robson, Stubley, Sykes, Thomas (D), Thomas (J), Tolchard and Tyerman (16);  and Absent: Councillors Bent, King, Long, Parrot and Winfield (5).  Therefore, in accordance with Standing Order A19.2, the Chairman used his casting vote, voted for the motion and declared it carried, as set out below:

(i)         that Council instructs the Director of Corporate Services to undertake a Community Governance Review with a view to considering the principle of three Town Councils across the entirety of Torbay;

(ii)        that the cost of additional resources to undertake the community governance review of £50,000, be funded from the Council’s Revenue Contingency Budget;

(iii)       that a Community Governance Review Working Party be established, with the terms of reference to oversee impartially and objectively the implementation of the Community Governance Review and to report back to Full Council with recommendations based on the responses to the consultation. The Working Party to be created with the following membership: the Elected Mayor, and 8 additional members, to be politically balanced (5 Conservative, 2 Liberal Democrat and 1 Independent Group);

(iv)      that Council notes that it needs to continue to deliver and expand its current Transformation programme at pace, recognising that significant savings are required and that future change is inevitable. That Council reflects upon the severe ramifications of not achieving sufficient savings and works together to review options for raising additional income through Council Tax, above that envisaged within the current Medium term Resource Plan, irrespective of whether it decides to carry out a Community Governance Review.

During the debate, a procedural motion (in accordance with Standing Order A16.11(a)(iv)) to move to the vote was proposed by Councillor Tyerman and seconded by Councillor Thomas (D).  The Chairman overruled the motion as the debate was drawing to a close. 

To consider the submitted report on the revenue and capital budgets for 2018/2019 and any recommendations from the Overview and Scrutiny Board.

The Council noted the forecast position for Revenue Budget for 2018/2019 based on quarter one information, as set out in the submitted report.

To note the submitted report on an urgent Council decision taken by the Chief Executive.

Members noted the submitted report on an urgent Council decision taken by the Chief Executive (appropriation of land at the former Cockington Primary School site at 10 Old Mill Road, Torquay for planning purposes).

To consider the submitted report on the above.

(Note:  this report contains exempt appendices which have been circulated separately.)

Members considered a proposal for the future delivery and ownership of the Council’s ICT Services Department, as set out in the submitted report.  It was noted that, as a result of austerity measures faced by the Council, the ICT budget had been reduced whilst demand had increased, resulting in the service becoming unsustainable with a high risk of service failure.

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

(i)         that the Chief Executive be given delegated authority to purchase shares in DELT Shared Services LTD subject to the relevant due diligence taking place;

(ii)        that the Chief Executive be given delegated authority to enter into a 10 year contract with DELT Shared Services LTD for the provision of ICT services to the Council, in accordance with the terms set out in exempt Appendix 2 to the submitted report;

(iii)       that in order to fund the costs of the contract with DELT Shared Services LTD the Council approves the ICT budget (currently £2.2 million) from 2019 onwards to £2.5 million (representing an increase to the current budget of £0.3 million) – this covers the Core Fee to DELT Shared Services LTD and the Council client side costs;  and

(iv)      that Council delegate to the Chief Finance Officer the authority to identify the source of funding for the £200,000 transition costs for DELT Shared Services LTD from earmarked reserves.

To consider passing a resolution to exclude the press and public from the meeting prior to consideration of the following item on the agenda on the grounds that exempt information (as defined in Part 3 of Schedule 12A of the Local Government Act 1972 (as amended)) is likely to be disclosed.

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

that the press and public be excluded from the meeting prior to consideration of the following item 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 88 the press and public were formally excluded from the meeting.

To consider the submitted exempt report on a proposed change to the Pension Fund for TDA.

The Council considered the submitted exempt report on proposals in respect of the pension arrangements for the TDA.

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