To receive apologies for absence, including notifications of any changes to the membership of the Board.

It was reported that, in accordance with the wishes of the Conservative Group, the membership of the Board had been amended to include Councillors Lewis (B) and Thomas (D) in place of Councillors Bent and Bye respectively.

The Board considered the item in Minute 45, and not included on the agenda, the Chairman being of the opinion that it was urgent by reason of special circumstances i.e. the matter having arisen since the agenda was prepared and it was unreasonable to delay a decision until the next meeting.

To consider the call-in by Cllr Tyerman and 20 other Councillors of the Elected Mayor’s decision in relation to the Memorandum of Understanding with Torquay United Association Football Club. 

The reasons for the call-in are as follows:

“The decision to prepare the final Memorandum of Understanding [MOU] between Torbay Council and Torquay United is contrary to the Policy Framework. The Corporate Plan identifies one of the Council’s principles as “Using reducing resources to best effect”.

Given that creating a MOU will mean extra officer time we do not believe it to be an effective use of officer time.

The conduct to be undertaken by Torbay Council in the document is the conduct that one would expect the Council to adopt with any significant partner organisations and so a document is not required.

The enabling land should be identified before any officer capacity is spent on this project.”

The Record of Decision is attached for information.

The Board had before it details of a call-in by no fewer than twenty Members of the Council of the decision of the Elected Mayor in relation to a proposed Memorandum of Understanding (MOU) with Torquay United Associated Football Club.

The Call-in Promoter (Cllr Tyerman) explained that the signatories believed that the Elected Mayor’s decision was contrary to the Council’s Policy Framework.  He explained that the Corporate Plan identified one of the Council’s principles as “Using reducing resources to best effect”.  Further, the conduct set out within the proposed MOU was the conduct that one would expect the Council to adopt with any significant partner organisation.  Therefore creating the MOU would not be an effective use of officer time.

Members of the Board indicated that they were minded to agree that the decision was contrary to the Council’s Budget and Policy Framework and, at that point, the Monitoring Officer provided advice to the Board.

The Elected Mayor responded and explained why he was now minded to rescind his previous decision.

Resolved:  (i)  that, subject to the Elected Mayor signing and publishing a record of decision to rescind his previous decision in respect of the Memorandum of Understanding with Torquay United Association Football Club by 21 January 2019, no further action be taken; and

(ii)        that, in the event that (i) above is not implemented by 21 January 2019, having listened to the advice of the Monitoring Officer, the Board is of the view that the Elected Mayor’s decision is contrary to the Policy Framework as it does not believe that it makes the best effect of the Council’s reducing resources and therefore the matter be referred to Council on 31 January 2019.

To consider the call-in by Cllr Pentney and four other Councillors of the Elected Mayor’s decision in relation to the proposed freehold disposal of Echo Building, St James Road, Torquay. 

The reasons for the call-in are as follows:

“1.        The Echo Building has acted as part of the Upton Community as a childrens centre, a part of Upton St James School, a community centre and a church.   The Tormohun ward, in which it is located, is one of the most deprived wards in Torbay with high levels of crime, high levels of single parents and significant health needs.   The building has acted as an integral part of the community and could still play a significant part in regenerating this community. 

2.         In the decision notice it states that no alternative options have been considered.   The Mayor should explain why this is the case?

3.         The Mayor agreed to register the Echo Building as an “Asset of Community Value,” on the 19th December, 2018.  Less than two working weeks later he has given notice that he wishes to sell the asset.  This has not given the community time to develop a business case to use this facility in their best interest. 

4.         The promoters of this motion would like to have sight of all the minutes and reports pertaining to the decision to dispose of this asset.  This further information will result in additional questions.”

The Record of Decision is attached for information.

The Board had before it details of a call-in by five Members of the Council of the decision of the Elected Mayor to dispose of the freehold interest of land known as the Echo Building at St James Road, Torquay.

The Call-in Promoter (Cllr Pentney) explained that the signatories believed that, given the Echo Building had recently been identified as an Asset of Community Value, the community should be given a further period of six months (over and above that allowed by statute) to develop a business case for the future use of the building.

The Chair of the Torre and Upton Community Partnership attended the meeting and made representations.

The Elected Mayor responded to the points raised in the call-in notice.

Resolved:  that the decision be referred back to the Elected Mayor with a recommendation that a 12 month period be allowed for the community to develop a proposal for the future use of the Echo Building, with a draft business plan to be presented to the Council within six months.

The Deputy Mayor, the Assistant Director (Business Services) and representatives from TOR2 attended the meeting to discuss the issues with waste collection across Torbay over the Christmas period.

The Assistant Director went on to present his draft report to the Council on the proposed replacement of waste and recycling vehicles.  The purchase of replacement vehicles would commit the Council (in the immediate future) to collecting recycling by the kerbside sort method as part of its statutory waste collection duty.

Resolved:  that a task-and-finish group be established to review the complete options appraisal that enables all members to be briefed on the wholesale solution for waste and recycling in Torbay, including the overall cost, before a decision is made to purchase replacement vehicles.