To consider the submitted exempt report in respect of the above Mayoral decision which was called in by the Overview and Scrutiny Board and referred to Council for consideration.

At its meeting held on 25 January 2017, the Overview and Scrutiny Board considered the Notice of Call-in of the Deputy Mayor’s decision to grant a 10 year lease to a local media company for the south side of the 4th floor of Tor Hill House, Torquay, following the vacation of Children’s Services from Tor Hill House.  The Board resolved that, having listened to the advice of the Monitoring Officer, the Deputy Mayor’s decision was contrary to the Policy Framework as it did not believe that the Deputy Mayor’s decision conformed with the Corporate Plan or Corporate Asset Management 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 Deputy Mayor’s decision, along with the advice of the Monitoring Officer, Chief Finance Officer and the Director of Children’s Services.

Members firstly considered whether or not the Deputy 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 as set out below:

that the Deputy Mayor’s decision is contrary to the Policy Framework as it does not conform with the Corporate Plan or the Corporate Asset Management Plan.

In accordance with Standing Order D10.8, the Monitoring Officer advised that, as the Council had determined that the Deputy Mayor's decision was contrary to the Policy Framework, the decision was deemed as a recommendation to the Council.  The recommendation of the Deputy Mayor became the motion before Council as follows:

(i)         that a local media company be granted a 10 year lease for the south side of the 4th floor of Tor Hill House, Union Street, Torquay on Heads of Terms as agreed by the Assistant Director of Corporate and Business Services and following the vacation of Children’s Services from Tor Hill House; and

(ii)        that Adult Services and Public Health be relocated from Tor Hill House within six months of the new tenant occupying Tor Hill House.

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

(i)         that a local media company be granted a 10 year lease for the south side of the 4th floor of Tor Hill House, Union Street, Torquay on Heads of Terms as agreed by the Assistant Director of Corporate and Business Services and following the vacation of Children’s Services from Tor Hill House; and

(ii)        that Adult Services and Public Health be relocated from Tor Hill House within six months of the new tenant occupying Tor Hill House.

(i)         that, a local media company be granted a lease for the south side of the 4th floor of Tor Hill House, Union Street, Torquay and the Executive Head of Business Services be given delegated authority to determine the Heads of Terms of the lease ensuring that the terms reflect the mitigating actions as set out in paragraph 5.3.1.2 of the exempt submitted report.

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:

            that, a local media company be granted a lease for the south side of the 4th floor of Tor Hill House, Union Street, Torquay and the Executive Head of Business Services be given delegated authority to determine the Heads of Terms of the lease ensuring that the terms reflect the mitigating actions as set out in paragraph 5.3.1.2 of the exempt submitted report.

(Note:  Councillor Amil, Excell, Haddock, King, Manning, Mills, Parrott and Stubley required their vote against the amendment and substantive motion on the decision in Minute 133 to be recorded.)

(Note:  Prior to consideration of Minute 133, the Mayor declared his pecuniary interest and withdrew for the remainder of the meeting.)