Members observed a minutes silence as a mark of respect in memory of the late Councillor Roger Stringer who passed away on 18 October 2017.  The Chairwoman's Chaplain then opened the meeting with a prayer.

Apologies for absence were received from Councillors Barnby and Stocks.

To confirm as a correct record the minutes of the meeting of the Council held on 19 October and extraordinary meeting held on 9 November 2017.

The Minutes of the meeting of the Council held on 19 October 2017 and the Minutes of the Extraordinary meeting of the Council held on 9 November 2017 were confirmed as a correct record and signed by the Chairwoman.

Councillor Haddock declared a pecuniary interest in respect of Minute 136.

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

The Chairman invited members to the Civic and Community Christmas Carol Service which was due to be held at the Church of St John the Apostle, Torquay, on 20 December 2017 commencing at 6.15 pm.

The Overview and Scrutiny Co-ordinator:

a)         thanked members for their work on reviewing the Elected Mayor’s Budget Proposals at the Priorities and Resources Review Panel meetings.  He advised that the Overview and Scrutiny Board was due to meet on 13 December 2017 to finalise recommendations to the Elected Mayor;  and

b)         thanked Councillor Stockman for her work on scrutiny and wished her well in her new role as Executive Lead for Health and Wellbeing.

In accordance with Standing Order A7.2 in relation to Council meetings, the order of business was varied to enable:  Item 11 on the agenda (Application for Designation of Neighbourhood Forums and Areas for Torquay, Paignton and Brixham Peninsula) to be considered after Item 7 (Public question time);  and Item 10 on the agenda (Oxen Cove Fish/Shellfish Processing Facility) to be considered after Item 11 on the agenda (Application for Designation of Neighbourhood Forums and Areas for Torquay, Paignton and Brixham Peninsula).

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

In accordance with Standing Order A12, the Council received a petition requesting the Council to introduce a one way system and residents parking along Victoria Road, Torquay (26 valid signatures).

It was noted that the petition would be referred to the Executive Head for Assets and Business Services for consideration in consultation with the Executive Lead for Community Services. 

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 Mr Orme who had submitted a statement and question in relation to the funding for the new infrastructure for Oxen Cove Fish Processing Unit, Brixham.  Councillor Amil responded to the statement and question that had been put forward, plus a supplementary question asked by Mr Orme.

The Chairwoman advised that she had permitted late statements and questions in relation to the designation of neighbourhood forums and areas for Torquay, Paignton and Brixham which had been circulated on 6 December 2017.  At the invitation of the Chairwoman, the Council heard from Mr Butler, Mr Cowell and Mr Watts.  The Deputy Mayor and Executive Lead for Planning responded to the statements and questions that had been put forward, plus a supplementary question asked by Mr Cowell.

To consider the submitted report on the above.

Members considered the submitted report on applications to re-designate the three Neighbourhood Forums as ‘qualifying bodies’ and neighbourhood areas as the current designations expired on 6 December 2017.  It was noted the primary function of Neighbourhood Forums was to prepare neighbourhood plans along with being consultees on planning applications in their area.

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

(i)         that the Council considers the three applications for area and Forum re-designation, in accordance with the specified criteria set out in the Localism Act 2011 (and summarised in the submitted report), whilst recognising that this decision is without prejudice to any representation to, or considerations of, the submitted Plans;

(ii)        that the Council recognises that the area status does not expire and will still be maintained in accordance with the decision made in December 2012;

(iii)       that the application in accordance with the Neighbourhood Planning (General) Regulations 2012 (as amended), Regulation 8 for the qualifying body for Torquay be approved, and that the Council publicise this decision in accordance with Regulation 10;

(iv)      that the application in accordance with the Neighbourhood Planning (General) Regulations 2012 (as amended), Regulation 8 for the qualifying body for Paignton be approved, and that the Council publicise this decision in accordance with Regulation 10;

(v)       that the application in accordance with the Neighbourhood Planning (General) Regulations 2012 (as amended), Regulation 8 for the qualifying body for Brixham Peninsula be approved, and that the Council publicise this decision in accordance with Regulation 10;  and

(vi)      that the Council convey its thanks and gratitude for the work undertaken by officers and the community on the development of neighbourhood plans for Torbay.

A recorded vote was taken on the motion. The voting was taken by roll call as follows: For: Elected Mayor Oliver, Councillors Amil, Bent, Bye, Carter, Darling (M), Darling (S), Doggett, Ellery, Excell, Haddock, Hill, King, Kingscote, Lewis (B), Lewis (C), Manning, Mills, Morey, Morris, O’Dwyer, Parrott, Pentney, Robson, Sanders, Stockman, Stubley, Sykes, Thomas (D), Thomas (J), Tolchard, Tyerman and Winfield (33); Abstain: Councillors Brooks (1); and Absent: Councillors Barnby and Stocks (2).

To consider the submitted report on the above.

Further to the decision of the Council on 19 October 2017 for the construction of a new shellfish landing jetty, the Council considered the submitted report on capital funding proposals to carry out design works for an industrial unit at Oxen Cove, Brixham Harbour, to accommodate shellfish processing.  It was noted the funding would assist with a grant funding application to the Marine Management Organisation for funding from the European Maritime and Fisheries Fund.

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

(i)         that the proposal to construct a shellfish/fish unit in Oxen Cove is approved as detailed in the business case set out in Appendix 1 to the submitted report, and that the scheme be included in the Council’s Capital Plan;

(ii)        that a budget of £400,000 be authorised so that the Executive Head of Assets and Business Services can commission specialist professional support to undertake the necessary design work and also submit a bid for grant funding from the European Maritime and Fisheries Fund (EMFF), in addition to seeking tenants for the proposed new shellfish/fish unit, via a marketing campaign;

(iii)       that subject to a successful application(s) for grant funding, a further report is submitted to the Council with the outcome of the RIBA Design Stage 4 work and the marketing campaign for potential tenants.  A future report to the Council will, if necessary, request an appropriate level of prudential borrowing in support of a viable scheme;  and

(iv)      that the Executive Head of Assets and Business Services be asked to work with Brixham Town Council and other local stakeholder groups to establish the likely impact on parking capacity in Brixham, should this scheme proceed, and identify appropriate and reasonable mitigating actions that could be implemented, in consultation with the Elected Mayor and all Group Leaders.

(Note:  Prior to consideration of Minute 136, Councillor Haddock declared his pecuniary interest and withdrew from the meeting.)

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

The Chairwoman advised that she had accepted an urgent question submitted by Councillor Darling (M).  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, King and Mills.

Supplementary questions were put and answered by Elected Mayor Oliver and Councillors Excell and King arising from their responses to the questions in respect of questions 1, 2, 3, 4, 5, 6, 7, 10, 13 and the urgent question.

Members considered a motion in relation to the use of personal floatation devices and locator beacons for the safety of fishermen, notice of which was given in accordance with Standing Order A14.

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

This Council notes that the fishing industry is a dangerous industry to work in, with several lives lost across the UK each year.  Such a tragic loss of life has a far reaching impact upon the fisherman’s family, friends and community.  Personal Floatation Devices and Personal Locator Beacons would greatly improve the chances of the fisherman being rescued.  Unfortunately not all fishermen can afford this equipment.  

Therefore this Council requests the Executive Head of Business Services and Assets to make an application to the Marine Management Organisation for funding through the European Maritime and Fisheries Fund to fully fund the purchase of Personal Floatation Devices equipped with Personal Locator Beacons and to develop a delivery scheme in partnership with the local fishing industry. This would ensure that those local fishermen who would struggle financially to buy one of these potentially lifesaving pieces of equipment can be provided to them at no cost.

This Council also requests the Chief Executive to write to the Local Government Association to request they encourage all other councils with fishing communities to follow suit and support the fishing industry nationally. 

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.

To consider the submitted report on the proposed appointment of a supplier to run Torbay’s library service and to consider any recommendations from the Overview and Scrutiny Board.

Members considered the submitted report on the outcome of a review of options for the future of Library Services which would reduce operating costs, provide sustainability across existing service outlets and deliver a more modern and innovative Library service.

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

(i)         that Council approve the proposal to enter into a Service delivery contract with an external Library Service Provider to deliver and manage Torbay Libraries;

(ii)        that the Director of Corporate Services and Operations be given delegated authority to enter into a five year contract (with an option to extend for a further five years) to be awarded to the preferred bidder, 'Libraries Unlimited’, with the contract to commence in April 2018; and

(iii)       that Council note that the upfront costs of entering into this contract of £107,000 for Library ICT and estimated to be between £294,000 and £354,000 for staff transition costs, both of which will be funded from the Comprehensive Spending Review Reserve.

To consider the submitted report on the future provision of toilets within Torbay and to consider any recommendations from the Overview and Scrutiny Board.

Members considered the submitted report on a review of public toilet provision to identify a long term solution to reduce costs whilst retaining and improving public toilets within Torbay.  The report detailed the outcome of a procurement exercise seeking a commercial partner to deliver Torbay’s public toilet provision.

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

(i)         that Council approve the proposal to enter into a service delivery contract with an external Provider to deliver and manage the sixteen toilet facilities as detailed within their tender;

(ii)        that the Executive Head of Assets and Business Services be given delegated authority in consultation with the Elected Mayor, to enter into a 15 year contract (with an option to extend for a further 5 years) to be awarded to the preferred bidder, 'Healthmatic’, with the contract to commence in 1^st April 2018 in respect of the sixteen toilets detailed in their tender, on the basis that any charges implemented for use of the public toilets will be between 20p – 30p, dependent on location;

(iii)       that Council authorise prudential borrowing of £1.032m to make capital investment in the modernisation of the Council’s toilets facilities referenced in (i) above;

(iv)      that the Council notes that the transitional costs of delivering (i) to (iii) of up to £150,000 in 2018/19 is to be funded from the Comprehensive Spending Review (CSR) Reserve;  and

(v)       that the Executive Head of Assets and Business Services be given delegated authority to award a contract which ensures that all remaining public toilets remain open and be maintained at current levels, meaning that no toilets are proposed to close.

(During consideration of Minute 140 Councillor Stubley left the meeting.)

To consider the submitted report setting out the recommendations of the Constitution Working Party on the above.

Following the decision of the Council meeting on 8 August 2017, members received the submitted report on the recommendations of the Constitution Working Party on the Council’s response to the Local Government Boundary Commission for England (LGBCE) proposals for new electoral arrangements for Torbay Council.  It was noted the LGBCE proposals included 16 wards comprising a variety of two, three and one members.

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

that the Proposed Changes to Warding Patterns – Submission by Torbay Council set out in Appendix 1 to the submitted report be approved for submission by the Director of Corporate Services and Operations to the Local Government Boundary Commission for England.

To consider the submitted report on the proposed Council Tax Support Scheme for 2018/19.

The Council considered the submitted report on a review of the current local Council Tax Support Scheme for 2018/19.  The Scheme provided a discount to help low income households (including looked after children and care leavers) with their Council Tax payments.  Members noted that for each financial year the Council must approve its current scheme by 31 January even if no changes were proposed and where changes were proposed a consultation exercise must be carried out.

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

(i)         that Personal Allowances and Premiums for Council Tax Support are uprated from 1 April 2018 in line with the prescribed pensioner scheme and national working-age benefits, which are both set by the Government;

(ii)        that the Exceptional Hardship Fund of £80,000, which is used to top up Council Tax Support awards in appropriate cases, be continued;

(iii)       that the Chief Accountant be given delegated authority, in consultation with the Elected Mayor and Executive Lead for IT, Libraries and Waste, to make any further adjustments required to the Exceptional Hardship Policy and Fund and the Vulnerable policy;

(iv)      that the scheme be updated to include “we may use DWP notifications to update Council Tax Support”;

(v)       that the scheme be updated to include “For the avoidance of doubt, the authority will decide what constitutes a claim for Council Tax Support.  In the case of applicants who have applied for Universal Credit, the authority shall decide on a case by case basis when a claim is required from the applicant and by what method the claim is made.  The authority may accept information received (in whatever format) from the DWP (Secretary of State for Work and Pensions) as a claim for Council Tax Support.”;  and

(vi)      that members note that Council Tax Support for working age households will be restricted to a Band D property and maximum entitlement will reduce from 72.5 % to 70%, from April 2018, as agreed by Council in December 2016.

To consider a report on the above.

Members considered the submitted report which set out the Council’s tax base for council tax purposes for 2018/19.  The Chairwoman reported that a revised officer recommendation had been circulated prior to the meeting.

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

(i)         that the calculation of the Council Tax Base for the year 2018/19 be approved as shown in Appendix 1 to the submitted report;

(ii)        that the calculation of the Brixham Town Council Tax Base for the year 2018/19 be approved as shown in Appendix 2 to the submitted report;

(iii)       that the creation of an additional class of local discretionary council tax discount of up to 100% for care leavers, (that were in the care of Torbay Council), up to 25 years of age with effect from 1 April 2018 be approved; and that the policy for the eligibility criteria for the scheme is delegated to Head of Finance, in consultation with the Elected Mayor;

(iv)      that the Head of Finance, in consultation with the Elected Mayor, be given delegated authority to approve an increase in empty homes premium from 50% to 100% (subject to legislation being passed) with effect from 1 April 2018;

(v)       that, in accordance with the Local Authorities (Calculation of Tax base) (England) Regulations 2012, the amount calculated by Torbay Council as its Council Tax base for the year 2018/19 should be 44,865.89;

(vi)      that, in accordance with the Local Authorities (Calculation of Tax base) (England) Regulations 2012, the amount calculated by Torbay Council as the Council Tax base for Brixham Town Council for the year 2018/19 should be 6,004.42;

(vii)     that the Head of Finance and Director of Children’s Services be given delegated authority, in consultation with the Elected Mayor and Executive Lead for Children’s Services to create a Policy (with associated eligibility criteria), whereby Torbay Council care leavers up to 25 years of age, who live outside of the area, can apply for grants to assist them with their Council Tax.  The cost implications of this Policy to be included within the budget setting process.

(Note:  During consideration of Minute 143 Councillor King left the meeting.)

To consider the submitted report on the above.

Following the decision of the Council meeting in February 2017 to establish ‘in principle’ a Heart of the South West Joint Committee, the Council considered the submitted report providing documentation to enable the Joint Committee to be formally established.

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

(i)         that the recommendation of the Heart of the South West’s Leaders (meeting as a shadow Joint Committee) to form a Joint Committee for the Heart of the South West be approved;

(ii)        that the Arrangements and Inter-Authority Agreement documents set out in appendices 1 and 2 to the submitted report for the establishment of the Joint Committee with the commencement date of Monday 22 January 2018 be approved;

(iii)       that the Elected Mayor (Gordon Oliver) and the Leader of the Conservative Group (Councillor David Thomas) be appointed as Torbay Council’s named representative and substitute named representative on the Joint Committee;

(iv)       that Somerset County Council be appointed as the Administering Authority for the Joint Committee for a 2 year period commencing 22 January 2018;

(v)        that the transfer of the remaining joint devolution budget to meet the support costs of the Joint Committee for the remainder of 2017/18 financial year subject to approval of any expenditure by the Administering Authority be approved;

(vi)       that an initial contribution of £4000 for 2018/19 to fund the administration and the work programme of the Joint Committee, noting that any expenditure will be subject to the approval of the Administering Authority, be approved;

(vii)      that it be agreed that the key function of the Joint Committee is to approve the Productivity Strategy;

(viii)     that the initial work programme of the Joint Committee aimed at the successful delivery of the Productivity Strategy be authorised; and

(ix)       that the proposed meeting arrangements for the Joint Committee including the timetable of meetings for the Joint Committee as proposed in section 1 of the Background Information set out in the submitted report be agreed.

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

(iii)       that the Leader of the majority party (currently Councillor David Thomas) Elected Mayor (Gordon Oliver) and the Deputy Leader of the majority party (currently Councillor Alan Tyerman) Deputy Mayor (Councillor Derek Mills) be appointed as Torbay Council’s named representative and substitute named representative on the Joint Committee;

A recorded vote was taken on the amendment.  The voting was taken by roll call as follows:  For:  Councillors Bent, Bye, Hill, Kingscote, Lewis (B), Lewis (C), Manning, Morey, Morris, O’Dwyer, Robson, Sykes, Thomas (D), Thomas (J), Tolchard, Tyerman and Winfield (17);  Against:  Elected Mayor Oliver, Councillors Amil, Carter, Darling (M), Darling (S), Doggett, Ellery, Excell, Mills, Parrott, Pentney, Sanders and Stockman (13);  Abstain:  Councillors Brooks and Haddock (2);  and Absent:  Councillors Barnby, King, Stocks and Stubley (4).  Therefore, the amendment was declared carried.

During the debate Councillor Mills proposed and Councillor Parrott seconded a further amendment to the motion as follows:  ...  view the full minutes text for item 144.

To consider the submitted report on a review of political balance following the creation of the Mayor’s Non-Political Executive Group.

The Council considered a review of political balance on committees and working parties following the creation of the Mayor’s Non-Political Executive Group as set out in the submitted report.  The Chairwoman reported that the revised officer recommendation had been circulated.

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

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

(ii)        that the following Working Parties be disbanded as their work has concluded:

·         LGA Corporate Peer Challenge Action Plan Working

·         Strategic Partnership Forum Working Party

·         Housing Working Group for Officers and Members;  and

(iii)       that, in accordance with the Local Protocol for Working Parties, the overall political balance of working parties as set out in revised Appendix 2 be approved, subject to the Airshow Working Party membership being reduced to 5 members (comprising 3 Conservative, 1 Liberal Democrat and 1 Mayor’s Non-Political Executive Group).

To note the report setting out the projected outturn for the Council’s Revenue Budget and Capital Plan for 2017/2018 as at the end of Quarter 2 and to consider any recommendations from the Overview and Scrutiny Board.

The Council received the submitted report on the high level budget summary of the Council’s revenue and capital income and expenditure for quarter 2 of 2017/18 financial year.  It was noted the revenue budget was predicting an overspend of £1.9 million primarily as a result of expenditure pressures in Children’s Services.  Members also noted the Capital Plan budget totalled £191.8 million for the 4 year programme, with £104 million scheduled to be spent in 2017/18, including £68 million on Investment Fund opportunities, £7 million on major transport schemes and £15 million on regeneration projects.

The submitted report including proposals for lending to Torquay Academy for expansion to meet demand for secondary school places.

Elected Mayor Oliver proposed and Councillor Darling (M) seconded a motion, which was agreed (unanimously) by the Council as set out below:

(i)         that the Council notes the current position;  and

(ii)        that the Council approves a loan to Torquay Academy of £0.225m to be repaid over seven years to fund additional teaching space at Torquay Academy.

To consider a report on the above.

The Council considered the submitted report setting out the proposed calendar of meetings for 2018/2019.

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

(i)         that, subject to the start time for the meetings of the Policy Development and Decision Group (Joint Commissioning Team) (PDDG JCT) being amended to 2.00 p.m. and the meetings of the Policy Development and Decision Group (Joint Operations Team) being amended to 3.00 p.m. (or at the rising of the PDDG JCT), the provisional calendar of meetings for 2018/2019, set out in Appendix 1 to the submitted report, be approved for final ratification at the Annual Council Meeting;  and

(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.

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

Members noted the submitted report which provided details of changes made by the Elected Mayor to his Executive.