The meeting was opened with a prayer.

Apologies for absence were received from Councillors King, Morey, Morris, Pentney, Stubley, Sykes and Winfield.

To confirm as a correct record the minutes of the meeting of the Council held on 5 December and the extaordinary meeting held on 18 December 2018.

The Minutes of the meeting of the Council held on 5 December 2018 and the Extraordinary meeting of the Council held on 18 December 2018 were confirmed as a correct record and signed by the Chairman.

Guidance for members:

Having declared their non pecuniaryinterest members may remain in the meeting and speak and, vote on the matter in question.  A completed disclosure of interests form should be returned to the Clerk before the conclusion of the meeting.

Where a Member has a disclosable pecuniary interest he/she must leave the meeting during consideration of the item.  However, the Member may remain in the meeting to make representations, answer questions or give evidence if the public have a right to do so, but having done so the Member must then immediately leave the meeting, may not vote and must not improperly seek to influence the outcome of the matter.  A completed disclosure of interests form should be returned to the Clerk before the conclusion of the meeting.

(Please Note:  If Members and Officers wish to seek advice on any potential interests they may have, they should contact Governance Support or Legal Services prior to the meeting.)

No interests were declared.

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

No communications or announcements were made at the meeting.

In accordance with Standing Order A7.2 in relation to Council meetings, the order of business was varied to enable Item 10 on the agenda (Capital Investment at Paignton Community and Sports Academy (PCSA) to provide Additional Secondary School Places) to be considered after Item 7 (Members’ Questions).

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 Ms Sally Baglin who had submitted two statements and questions.

Ms Baglin’s first question related to wildlife protection in Edginswell, Torquay.  The Executive Lead for Environment, Councillor Ellery, responded to the statement and question that had been put forward and advised that he would provide a response in writing.

Ms Baglin’s second question related to listed buildings within Edginswell, Torquay.  The Deputy Mayor and Executive Lead for Planning and Waste, Councillor Mills, responded to the statement and question that had been put forward, plus a supplementary question asked by Ms Baglin.

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

Members received a paper detailing questions, 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 Amil, Excell, Mills and Parrott and was circulated prior to the meeting.

The Chairman advised that he had accepted an urgent question from Councillor Darling (M) and in accordance with Standing Order A13.2(ii).

Supplementary questions were put and answered by Elected Mayor Oliver and Councillors Amil, Excell and Mills, arising from their responses to the questions in respect of questions 2, 4, 5, 6, 7, 9 and the urgent question.

To consider the submitted report on a proposal to extend Paignton Community and Sports Academy to provide additional secondary school places.

Members received the submitted report on a proposal for capital investment at Paignton Community and Sports Academy (PCSA) which would provide additional secondary school places.  It was noted the proposal would assist in addressing the forecasted shortfall in secondary school places in Paignton.

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

that the Director of Children’s Services, in consultation with the Executive Lead for Children and Housing, be given delegated authority to allocate up to £1.84 million from the 2020/21 and future Basic Need Allocations and Children’s Services Schools Condition allocations to support the provision of additional accommodation at Paignton Community and Sports Academy to provide additional secondary school places.

To consider the attached motion, notice of which has been given in accordance with Standing Order A14 by the members indicated.

Members considered a motion in relation to an objection to the current Corporate Plan, notice of which was given in accordance with Standing Order A14. In accordance with Standing Order A14.3(b), the motion was dealt with by this meeting.

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

That the Council formally objects to the current Corporate Plan as the targeted actions set out in the Plan do not truly reflect or meet the needs those who are most vulnerable in Torbay.  The Corporate Plan targeted actions should therefore be updated and amended to reflect the following:

Torbay Council’s ambition is for Torbay’s residents to be informed, prosperous and healthy. This will be achieved through the following targeted actions:

Protecting and supporting all children and vulnerable adults giving them the best start in life;

Giving all children the best start in life;

Working towards the eradication of poverty and a more prosperous Torbay;

Promoting healthy lifestyles across Torbay; and

Ensuring Torbay remains an attractive and safe place to live, and visit; work and play through the adoption of sustainable policies that protect and enhance our natural environment, promote life long-learning and encourage public engagement in decision making.

Protecting and supporting vulnerable adults.

In accordance with the Constitution at F4.9, the Council therefore requires the Mayor to consider this objection by 11 February 2019:

a)         submit a revision of the Corporate Plan with the reasons for any amendments to the Council for its consideration;  or

b)         inform the Council of any disagreement that the Executive has with any of the Council’s objections and the Executive’s reasons for any such disagreement.

The motion was put to the vote and declared lost.

To consider the submitted report on the above.

The Council considered the Independent Remuneration Panel’s recommendations arising from its review of the Members’ Allowances Scheme (as set out in the submitted report).  It was noted the recommendations included the changes required to the Scheme following the introduction of the Leader and Cabinet system of governance in May 2019.

A Cross Party amendment was published prior to the meeting which was incorporated by the Elected Mayor in his motion below.

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

(i)         that the Independent Remuneration Panel be thanked for their eighth report on the review of the Council’s Members’ Allowances Scheme;

(ii)        that consideration of the Independent Remuneration Panel’s report be deferred until after the Local Elections in May 2019 to enable the new Council to consider its governance structure and for a further review of the Members’ Allowances Scheme to be undertaken if required;

(iii)       that the current Members’ Allowances Scheme to apply after 5 May 2019 (with the exclusion of the Elected Mayor’s and Deputy Mayor’s allowance) and until the new Council determines the new Members’ Allowances Scheme;  and

(iv)      that the new Members’ Allowances Scheme is kept within the allocated budget.

To consider the submitted report on the above.

The Council received the Local Government Association’s (LGA) Peer Review report on the Council’s financial position, along with a resulting action plan (as set out in the submitted report).

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

(i)         that the Local Government Association Finance Peer Challenge Report (as set out at Appendix 1 to the submitted report) and the resulting action plan (as set out at Appendix 2 to the submitted report) be endorsed;  and

(ii)        that the Audit Committee be requested to monitor the implementation of the action plan.

To consider the third budget monitoring report for 2018/2019 under the Authority’s agreed budget monitoring procedures which provides high-level information on capital and revenue expenditure and funding for the year compared to the latest position as reported to Council in December 2018.

To consider any recommendations from the Overview and Scrutiny Board.

The Council noted the forecast position for Revenue Budget for 2018/19 based on quarter three information, as set out in the submitted report.

In accordance with the Council’s Standing Order (A9.1) to select, by elimination ballot, the Civic Mayor-Elect and Deputy Civic Mayor-Elect for the 2019/2020 Municipal Year.

In accordance with the Council’s Standing Orders A9.1, the Council was required to consider selecting, by elimination ballot, the Civic Mayor-Elect and Deputy Civic Mayor-Elect for the next Municipal Year 2019/20.

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

That no action be taken to select a Civic Mayor-Elect or Deputy Mayor-Elect until the start of the 2019/20 Municipal Year.

To note the schedule of Executive decisions to which the call-in procedure does not apply as set out in the submitted report.

Members noted the submitted report setting out two executive decisions taken (namely extension to Healthwatch Contract and Alliance Contract around Housing First/Rough Sleeping) to which the call-in procedure did not apply. 

To consider any recommendations from the Investment and Regeneration Committee on investment opportunities.

The Chairman advised that there were no recommendations from the Investment and Regeneration Committee and therefore this item was withdrawn from the agenda.

The following items form part of the Council's Annual Budget setting process or are awaiting their reports and will be deferred for consideration at an adjourned meeting of the Council to be held on 7 February 2019.

The Chairman advised that in accordance with Standing Orders F2.13 and F3.12 in relation to the Budget and Policy Framework the remaining items on the agenda were referred to an adjourned meeting of Council to be held on 7 February 2019 to enable full consideration to be given to the implications of the proposals set out in the reports and documentation circulated on 25 January 2019.