The meeting was opened with a prayer.

Apologies for absence were received from Councillors Baldrey, Bent and Faulkner (A).  Councillor Stocks was absent for the adjourned meeting.

To confirm as a correct record the minutes of the meeting of the Council held on 24 March 2011.

The Minutes of the meeting of the Council held on 24 May 2011 were confirmed as a correct record and signed by the Chairman.

The following personal interests were declared:

To elect the Chairman of the Council for the Municipal Year 2011/2012.

It was proposed by Councillor Richards and seconded by Councillor Faulkner (J):

that Councillor Derek Mills be elected Chairman of the Council of the Borough of Torbay for the Municipal Year 2011/2012.

On being put to the vote, the motion was declared carried (unanimous).

(The Chairman, Councillor Mills, in the Chair)

The Chairman of the Council took the Declaration of Acceptance of Office and Oath of Allegiance and thanked the Council for the honour bestowed upon him.

The Chairman also announced that Mrs Judith Mills would be his Consort during his term of office and his charity would be the Children’s Hospice South West.

The Chairman announced that he had appointed the Reverend Ian Blyde to be his Chaplain and that the Annual Civic Church Service would be held at Churston Parish Church, Torquay, later this year.

It was proposed by Councillor Hytche and seconded by Councillor Faulkner (J):

that the Council express its sincere thanks and appreciation to Mr Matthew Phillips and Councillor Nicole Amil for the manner in which they had carried out their duties during their term of office.

On being put to the vote, the motion was declared carried (unanimous).

To appoint the Vice-Chairman of the Council for the Municipal Year 2011/2012.

It was proposed by Councillor Doggett and seconded by Councillor Excell:

that Councillor Roger Stringer be appointed Vice-Chairman of the Council of the Borough of Torbay for the Municipal Year 2011/2012.

On being put to the vote, the motion was declared carried (unanimous).

The Vice-Chairman took the Declaration of Acceptance of Office and announced that Mrs Shelagh Stringer would be his Consort during his year of office.

It was proposed by Councillor Addis and seconded by Councillor Excell:

that the Council express its sincere thanks and appreciation to Mr Terry Manning and Mrs Jenny Manning for the work carried out by them during the previous Municipal Year.

On being put to the vote, the motion was declared carried (unanimous).

To consider adjourning the meeting until 1.30 p.m. on Tuesday, 24 May 2011 to deal with the remainder of the business set out on the following pages.

At this juncture the meeting was adjourned until 1.30 p.m.

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

The Chairman requested all members adhere to correct procedures for Council meetings and advised that he wished to Chair Council meetings in a firm but fair way to ensure they were held in a business like manner.

On behalf of Torbay and the Council, the Mayor conveyed best wishes and success to Torquay United’s forthcoming match at Old Trafford due to be held on Saturday 28 May 2011.

In accordance with Standing Order A7.2 in relation to Council meetings, the order of business was varied to enable agenda item 9 (Members’ Questions) to be considered after item 18 (Urgent Decisions taken by the Chief Executive under the Officer Scheme of Delegation).

To receive details on the composition and constitution of the Mayor’s Executive for 2011/12, together with the record of delegations of Executive functions (in accordance with Standing Order C4).

The Mayor presented his report as submitted with the agenda, on the above, which was noted.

To consider:

(a)               appointing the Overview and Scrutiny Co-ordinator for 2011/12; and

(b)               appointing the following scrutiny lead members for 2011/12:

People

Place

Business

Health

(Note:  Executive Leads shall not be appointed as the Overview and Scrutiny Co-ordinator or scrutiny lead members.)

The Council was requested to consider the appointment of the Overview and Scrutiny Co-ordinator and the appointment of scrutiny lead members for 2011/2012.

It was proposed by Councillor Thomas (D) and seconded by Councillor Darling:

(i)         that Councillor Thomas (J) be appointed as the Overview and Scrutiny Co-ordinator for 2011/2012 municipal year; and

(ii)        that the following Councillors be appointed as the Scrutiny Leads as indicated:

People – Councillor Bent

Place – Councillor Kingscote

Business – Councillor Pentney

Health – Councillor Barnby

On being put to the vote, the motion was declared carried (unanimous).

(a)       To appoint committees and other bodies, agree their terms of reference and to review the allocation of seats to political groups in line with statutory requirements.

(b)       To request nominations from the group leaders of members to serve on those committees and other bodies.

The Council considered the submitted report on the appointment of committees and other bodies in the light of the political balance of the Council.  A revised Appendix 2 was circulated at the meeting.

It was proposed by Councillor Morey and seconded by Councillor Stockman:

(i)         that the committees be appointed with the terms of reference set out in revised Appendix 2 of the submitted report in accordance with the political balance requirements (as set out in Appendix 1 of the submitted report);

(ii)        that nominations be received to fill the seats on the committees;

(iii)       that the proposed appointments to the outside bodies and other groups set out in Appendix 3 of the submitted report, be approved for a four year term, unless otherwise stated, subject to confirmation on the allocation of places on the Devon and Cornwall Police Authority;  and

(iv)       that a Shadow Health and Wellbeing Board be established with membership and terms of reference as set out in Appendix 4 of the submitted report.

On being put to the vote, the motion was declared carried (unanimous).

Following the vote, the members to serve on each committee and other bodies were nominated by the Group Leaders.

To consider the provisional calendar of meetings for 2011/12.

The Council considered the submitted report setting out the proposed calendar of meetings for 2011/2012.

It was proposed by the Mayor and seconded by Councillor Thomas (D):

(i)         that the calendar of meetings for 2011/2012, set out in Appendix 1 to the submitted report, be approved;  and

(ii)        that meetings of the Employment Committee and Appeals Committee (Student Awards, Licensing and Discretionary Housing Payments) be held on an ad-hoc basis, to be determined by the Democratic Services Manager in consultation with the relevant Chairman.

On being put to the vote, the motion was declared carried.

To agree the scheme of delegation for Council functions as set out in Part 3 of the Constitution in so far as they relate to Council functions.

It was proposed by Councillor Thomas (D) and seconded by Councillor Excell:

that the Scheme of Delegation of Functions set out in part 3 of the Constitution in so far as they relate to Council functions, be confirmed.

On being put to the vote, the motion was declared carried (unanimous).

To consider the recommendations of the Mayor (as set out in the attached record of decision) and Report 76/2011 on the Annual Strategic Agreement with the Torbay NHS Care Trust for 2011/12.

The Council considered the recommendations of former Mayor Bye on the above (as set out in the submitted Record of Decision and appended Report 76/2011), which he had put forward following consideration of the amendment that was made at the meeting of the Council held on 24 March 2011.

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

(i)         that the Council be recommended to approve the Annual Strategic Agreement for 2011/12 as set out in Revised Appendix 1 to Report 76/2011 circulated prior to the Council meeting on 24 March 2011; and

(ii)        that the remaining risk related to the delivery of the required performance outlined and the ability to deliver a balanced budget, given the level of resources allocated for the delivery of Adult Social Care, be deemed acceptable.

On being put to the vote, the motion was declared carried.

(Note 1:  Prior to consideration of Minute 18, Councillors Amil, James, Pentney and Scouler declared their personal interests.)

(Note 2:  In accordance with Standing Order A19.5, Councillor Parrott requested his vote against the motion to be recorded.)

To receive the Overview and Scrutiny Annual Report for 2010/11 (as set out in the attached report).

The Council received and noted the Overview and Scrutiny Annual Report for 2010/2011.

To confirm the following statutory officer appointment:

Section 151 Officer – Paul Looby

It was proposed by Councillor Tyerman and seconded by Councillor Hill:

that Paul Looby be confirmed as the Council’s statutory Section 151 Officer.

On being put to the vote, the motion was declared carried (unanimous).

To note the details of decisions taken by the Chief Executive on the grounds of urgency as set out in the attached report.

The Council noted the urgent decisions taken by the Chief Executive as set out in the submitted report.

To answer any questions asked under Standing Order A13.

Members received a paper detailing the questions, as set out at Appendix 1 to these Minutes, notice of which had been given in accordance with Standing Order A13.

Supplementary questions were asked on each of the questions and answered by the Mayor and Councillor Thomas (D).