The meeting was opened with a short period of reflection.

Apologies for absence were received from Councillors Darling (M), Ellery, Stringer, Stubley and Thomas (D).  An apology for absence was received from Councillor Kingscote for the first part of the meeting and Councillor O’Dwyer for the second part of the meeting.  The Vice-Chairman, Councillor Doggett, arrived later in the meeting due to civic engagement.

To confirm as a correct record the minutes of the meeting of the Council held on 13 September and the extraordinary meeting held on 27 September 2017.

The Minutes of the meeting of the Council held on 13 September 2017 and the Minutes of the extraordinary meeting of the Council held on 27 September 2017 were confirmed as a correct record and signed by the Chairwoman.

The following non-pecuniary interests were declared:

Councillor Haddock declared a pecuniary interest in respect of Minute 108 and the Elected Mayor, Mayor Oliver, declared a pecuniary interest in respect of Minute 118.

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

The Chairwoman:

a)         thanked those members who attended the Civic Church Service held on Sunday 8 October 2017 and advised that approximately £200 was raised for the Chairwoman’s charities;

b)         advised, that along with the Vice-Chairman, she attended the Open University Graduation ceremony at the Riviera International Conference Centre on 13 October 2017, which was an excellent event for Torbay;  and

c)         informed members that this was the last Council meeting at which Fran Hughes, Assistant Director of Community & Customer Services, would be attending as she was leaving the employment of the Council after 24 years of service.  On behalf of the Council, the Chairwoman conveyed thanks and appreciation to Mrs Hughes for her services to the Council.

In accordance with Standing Order A7.2 in relation to Council meetings, the order of business was varied to enable:  Item 14 on the agenda (Notice of Motions) to be considered after Item 17 (Review of Sports Pitch Surface at Clennon Valley Leisure Centre);  and Item 14(d) (Notice of Motion – Vote of No Confidence in TOR2) to be considered before Item 14(a) (Notice of Motion – Access all Areas).

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

Members received a paper detailing the questions, attached to the agenda, 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 the Elected Mayor, Mayor Oliver, Councillors Excell King and Parrott.  The Chairwoman advised that Question 4 had been responded to by Councillor Excell as the question came under his portfolio.

Supplementary questions were put and answered by the Elected Mayor, Mayor Oliver, Councillors Excell and King arising from their responses to the questions in respect of questions 1, 2, 4, 7 and 8.

(Note:  In the absence of Councillor Darling (M), Councillor Pentney asked a supplementary question in respect of question 1.)

To consider the submitted report on the above.

(Note:  this report contains an exempt appendix which has been circulated separately.)

Following the decision of the Council on 20 July 2017, members considered proposals to simplify and streamline the governance arrangements to include the Housing Strategy within the Housing Rental Company Committee’s terms of reference and to extend the membership of the Committee to include the Executive Lead with responsibility for housing (as set out in the submitted report).  The submitted report also set out proposals for the utilisation of the Affordable Housing Capital Budget monies, including allocation of parts of the budget to the Housing Rental Company (or another provider) and governance arrangements for final decisions on spending the budget.

Councillor King proposed and Councillor Haddock seconded a motion as set out below:

(i)         that the terms of reference for the Housing Rental Company Committee be amended to include oversight of the delivery of the Council's Housing Strategy;  and

(ii)        that the Chief Executive, in consultation with the Housing Rental Company Committee, be given delegated authority to allocate parts of the Affordable Housing Capital Budget to the Housing Rental Company to facilitate the delivery of affordable housing while ensuring that any funding conditions/obligations associated with the Affordable Housing Capital Budgets are met - with any final decisions on the spend of the Affordable Housing Capital Budget to be presented to the most appropriate decision maker.

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

(i)         that the terms of reference for the Housing Rental Company Committee be amended to include oversight of the delivery of the Council's Housing Strategy;

(ii)        that the governance arrangements of the Housing Rental Company Committee be changed so that the Executive Lead with responsibility for Housing is a member of the Housing Rental Company Committee;  and

(iii)       that the Chief Executive, in consultation with the Housing Rental Company Committee, be given delegated authority to allocate parts of the Affordable Housing Capital Budget to the Housing Rental Company to facilitate the delivery of affordable housing while ensuring that any funding conditions/obligations associated with the Affordable Housing Capital Budgets are met - with any final decisions on the spend of the Affordable Housing Capital Budget to be presented to the most appropriate decision maker.

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:

(i)         that the terms of reference for the Housing Rental Company Committee be amended to include oversight of the delivery of the Council's Housing Strategy;

(ii)        that the governance arrangements of the Housing Rental Company Committee be changed so that the Executive Lead with responsibility for Housing is a member of the Housing Rental Company Committee;  and

(iii)       that the Chief Executive, in consultation with the Housing Rental Company Committee, be given delegated authority to allocate parts of the Affordable Housing Capital Budget to the Housing Rental Company to facilitate the delivery of affordable housing while ensuring that any funding conditions/obligations associated  ...  view the full minutes text for item 103.

To consider the submitted report on a review of the Treasury Management Strategy.

The Council considered the submitted report on a review of Treasury Management activities during the first part of 2017/18.  The report set out a revised Treasury Management Strategy for 2017/18 in light of significant increases in the Capital Plan arising from the Transformation Programme.

It was noted the Treasury function aimed to support the provision of all Council services through management of the Council’s cash flow and debt and investment operations.

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

(i)         that the Treasury Management decisions made during the first part of 2017/18 as detailed in this report be noted;

(ii)        that the Revised Treasury Management Strategy for 2017/18 (incorporating the Revised Annual Investment Strategy 2017/18 and as set out at Appendix 1 to the submitted report) be approved;  and

(iii)       that the revised Prudential and Treasury Indicators as set out in Appendix 4 of the Revised Treasury Management Strategy 2017/18 (attached to the submitted report) be approved.

To consider the submitted report in respect of Claylands.

(Note:  this report contains an exempt appendix which has been circulated separately.)

Further to previous decisions of the Council on 10 December 2015 and 23 February 2017, the Council considered the submitted report updating members on the investment at Claylands.  The submitted report detailed the unforeseen and unavoidable technical reasons which had resulted in a delay to the project and proposed additional funding to deliver the site servicing and first employment building.

The Chairwoman reported that a revised officer recommendation had been circulated.

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

(i)           that the Council agree to invest up to £7.9m, using prudential borrowing, to deliver the first phase of the “Claylands Cross” employment scheme, specifically the initial development of circa 5,500 sq. metres of employment development and the associated package of infrastructure works;

(ii)          that progress of the scheme is subject to a satisfactory conclusion of the ground investigation work and appropriate sign off by the Environment Agency;

(iii)         that the decision to commit to the scheme is conditional on:

(a)       the scheme being pre-let on acceptable terms;

(b)       that the prevailing ground conditions will not present an unacceptable ongoing risk to the Council that would be exacerbated by undertaking the proposed development;

(c)       funding from the other sources identified is secured;  and

(d)       obtaining all necessary statutory approvals and permissions;  and

(e)       the business case being developed to include the full financial projections as to the proposed option to purchase.

(iv)      that the decision to approve whether the conditions precedent have been satisfied, be delegated to the Chief Executive in consultation with the Elected Mayor and Group Leaders;

(v)       that the Agreed Heads of Terms, set out in the exempt Appendix 1 to the submitted report, be approved, with the agreement of final lease terms being delegated to the Assistant Director of Corporate and Business Services in consultation with the Chief Executive;  and

(vi)      that a report on the results of the ground testing be produced and that members be briefed on such results, when they are known, along with any comments from the Environment Agency.

To consider the submitted report on an update in respect of Edginswell Station.

The Council considered the submitted report on the outcome of the funding application for Edginswell Station and the business case for this project, which had been reviewed by the Elected Mayor and Chief Executive.

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

(i)         that the delivery of a new railway station at Edginswell should remain a key strategic transport infrastructure objective for the Council and that the Executive Head of Business Services be asked to continue to explore options for the future delivery of the scheme with the Department for Transport and other possible sources of external funding;

(ii)        that no further Council funding be committed to Edginswell Station Capital Scheme at this stage and that the scheme should be amended in the Council’s Capital Plan to reflect this change;  and

(iii)       that any further work on the business case should only be supported by external funding and/or collaborative work with partner organisations and/or transport providers.

To consider the submitted report on a recommissioning programme and budget allocation for the procurement of an integrated 0-19 years service for Torbay.

The Council considered the submitted report on proposals for a recommissioning programme and budget allocation for the procurement of an integrated 0 to 19 years service for Torbay.  It was noted the newly designed service would provide a joined up service and be underpinned by the principle that all children (including those looked after and care leavers) would have comprehensive health care, consistent education and the use of specialist advice and therapeutic interventions when required.

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

(i)         that the Directors’ of Children’s Service and Director of Public Health be given delegated authority, in consultation with the Chief Finance Officer and the Executive Lead for Adults and Children to undertake the 0-19yrs Integrated Commissioning Project recommissioning programme;

(ii)        that the budget allocation of £18,475,905 identified within the submitted report for the period of 5 years be approved to enable contract mobilisation and delivery from 2019- 2024;  and

(iii)       that delegated authority be given to the Director of Children’s Services and the Director of Public Health, in consultation with the Chief Finance Officer and relevant Executive Lead Members, to award the contract once the tender process has been completed.

To consider the submitted report on the above.

The Council considered the submitted report on a proposal for a capital scheme at Brixham Harbour for the construction of a new landing jetty adjacent to Oxen Cove to support new infrastructure for the shellfish sector.

The Elected Mayor, Mayor Oliver proposed and Councillor Bye seconded a motion as set out below:

(i)         that the proposal to construct a new landing jetty at Brixham harbour 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, subject to a successful application(s) for external grant funding, an appropriate level of prudential borrowing is approved in line with the business case set out in Appendix 1 to the submitted report;

(iii)       that authority to determine the exact level of borrowing, which is expected to be between £1m and £1.5m, be delegated to the Chief Financial Officer, in consultation with the Mayor, the Chairman of the Harbour Committee and the Executive Head of Business Services.

During the debate Councillor Stockman proposed and Councillor Carter seconded an amendment to the motion as follows:

(i)         that the proposal to construct a new landing jetty at Brixham harbour 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.  Subject to a further review of the business case being delegated to the Chief Executive, in consultation with the Elected Mayor and Chairman of the Harbour Committee, so as to ensure that the business case demonstrates that the landing of harvested shellfish is sufficient to support the proposed borrowing;

The amendment was put to the vote and declared lost.

The Elected Mayor, Mayor Oliver’s and Councillor Bye’s original motion was then considered by the Council which was agreed (unanimously), as set out below:

(i)         that the proposal to construct a new landing jetty at Brixham harbour 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, subject to a successful application(s) for external grant funding, an appropriate level of prudential borrowing is approved in line with the business case set out in Appendix 1 to the submitted report;

(iii)       that authority to determine the exact level of borrowing, which is expected to be between £1m and £1.5m, be delegated to the Chief Financial Officer, in consultation with the Elected Mayor, the Chairman of the Harbour Committee and the Executive Head of Business Services.

(Note 1:  Prior to consideration of Minute 108, Councillor Haddock declared his pecuniary interest and withdrew from the meeting;  and

Note 2:  The Vice-Chairman, Councillor Doggett, joined the meeting during this item.)

To consider adjourning the meeting until 5.30 p.m.

At this juncture the meeting was adjourned until 5.30 pm on Thursday 19 October 2017.

Approximately 1,038 valid written signatures from residents and people who work or study in Torbay.

In accordance with Standing Orders the petition will be considered at this meeting.

In accordance with Standing Order A12, the Council received a petition requesting the Council to place a covenant on Torquay harbourside and sea front areas (approximately 1,038 signatures).

At the invitation of the Chairwoman, Mr Griffey and Mr Short addressed the Council in relation to the petition.

The Chairwoman advised that the petition had reached the 1,000 signature threshold, therefore, in accordance with the Council’s Petition Scheme, it was subject to debate by the Counci.

The Monitoring Officer outlined the options open to the Council.

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

(i)         that the Council notes that the land is already covered by the variety of existing designations as set out within the Torbay Local Plan 2012-2030.

The designations include:

·         Conservation Area/Historic Park and Garden (SS10)

·         Coastal Change Management Area (C3)

·         Urban Landscape Protection Area (C5)

·         Protected Site (Locally important site) (NC1)

More broadly the area is also covered by:

·         Strategic Delivery Area (SS1, SS5, SS12)

·         Community Investment Area (SS11)

·         Core Tourism Investment Area (TO1, TO2)

These policies collectively set the policy framework, along with other wider policy matters such as transport, design, environment, waste and employment, within which a decision would be made for any planning application;  and

(ii)        that, in accordance with the Council’s Corporate Asset Management Plan, the Council does not pursue imposing a covenant on the land on Torquay harbourside and the seafront as shown on the attached map.

During the debate Councillor Darling (S) proposed and Councillor Sanders seconded an amendment to the motion as follows:

that the petition is referred to the Overview and Scrutiny Board to explore with the petitioners what opportunities there are to protect and improve the areas identified within the petition.

The amendment was put to the vote and declared lost.

The Elected Mayor, Mayor Oliver’s and Councillor Mills’ original motion was then considered by the Council which was agreed, as set out below:

(i)         that the Council notes that the land is already covered by the variety of existing designations as set out within the Torbay Local Plan 2012-2030.

The designations include:

·         Conservation Area/Historic Park and Garden (SS10)

·         Coastal Change Management Area (C3)

·         Urban Landscape Protection Area (C5)

·         Protected Site (Locally important site) (NC1)

More broadly the area is also covered by:

·         Strategic Delivery Area (SS1, SS5, SS12)

·         Community Investment Area (SS11)

·         Core Tourism Investment Area (TO1, TO2)

These policies collectively set the policy framework, along with other wider policy matters such as transport, design, environment, waste and employment, within which a decision would be made for any planning application;  and

(ii)        that, in accordance with the Council’s Corporate Asset Management Plan, the Council does not pursue imposing a covenant on the land on Torquay harbourside and the seafront as shown on the attached map.

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 received questions submitted by Mr Carpenter, Ms Tucker, Mr Faulkner and Mr Loxton, in relation to the sports pitch facilities at Clennon Valley, Paignton.  The Chairwoman advised that Ms Tucker and Mr Faulkner were unable to attend the meeting and she agreed that Mr Loxton would present their questions.  Councillor Excell, Executive Lead for Community Safety, and Councillor King, Executive Lead for Planning, Transport and Housing, responded to the questions that had been put forward, plus Councillor Excell responded to a supplementary question asked by Mr Loxton on behalf of Mr Carpenter.

To consider the submitted report on an update to the lease and sports pitch surface at Clennon Valley Leisure Centre.

Further to the Council’s decision on 22 June 2017 to enter into a new lease for Torbay Leisure Centre (to include the adjacent Velopark), members considered the submitted report on proposals which were different to terms originally approved by the Council.

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

(i)         that Elected Members note that the extensions of the lease to 12 years is from the end of the current agreement expiring in 2019, to 2031;  and

(ii)        that officers be instructed to enter into the lease and loan agreement as soon as possible on the basis that they are drafted so as to permit further negotiations in respect of the future of the current sand-dressed football/hockey pitch.  The further negotiations to include all relevant sports partners, officers, members and Parkwood Leisure.

(Note:  During consideration of Minute 112, Councillor Amil declared her non-pecuniary interest as President of the Torbay Easter Hockey Festival.)

Members considered a motion in relation to a vote of no confidence in TOR2, 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 Stocks proposed and Councillor Carter seconded the motion, as set out below:

this Council notes:

·         the failure of TOR2 to present a specific business case to improve recycling levels in Torbay; and

·         the chaotic management of waste management by TOR2 in  Torbay, thereby bringing Torbay Council and its parent company Kier, into disrepute.

In light of this we wish to seek a vote of ‘no confidence’ in TOR2.

The motion was put to the vote and declared lost.

(Note 1:  Councillor Bent declared his non-pecuniary interest as the Council’s representative on the Board of Directors of Tor2;  and

Note2:  Councillor Kingscote joined the meeting during consideration of this item.)

Members considered a motion in relation to access for assistance dog owners to taxis or private hire vehicles, notice of which was given in accordance with Standing Order A14.  In the absence of Councillor Darling (M), Councillor Darling (S) presented the motion.

It was proposed by Councillor Darling (S) and seconded by Councillor Doggett:

This Council notes:

·         that a Guide Dogs’ survey found that 42% of assistance dog owners were refused by a taxi or Private Hire Vehicle (PHV) driver over a one-year period despite this being a criminal offence under the Equality Act 2010;

·         the significant impact such refusals can have on assistance dog owners’ lives, leading to feelings of embarrassment and anger as well as to a loss of independence, mobility and an associated detrimental impact on mental health;  and

·         that disability equality training for taxi and PHV drivers has helped to reduce the number of access refusals; and

This Council believes:

·         that as a local authority, we are responsible for ensuring that taxis and PHVs are safe to travel on and that drivers provide good service and do not discriminate against disabled people, including those with assistance dogs; and

·         that disability equality training should be a priority amongst plans to improve local taxi and PHV services.

This Council resolves:

·         to review its Hackney Carriage (Taxi) and Private Hire Policy and introduce a provision for all drivers to undertake disability equality training when obtaining their Torbay Council drivers licence and at regular intervals;

·         to only issue a medical exemption certificate when it is evidenced by a medical practitioner and accompanied by medical evidence, for example a blood test, a skin prick test or clinical history;

·         to investigate all reported access refusals with a view to pursuing a conviction under the Equality Act 2010, and ensuring appropriate penalties are imposed in line with the distressing impact a refusal can have on an assistance dog owner;  and

·         to undertake periodic test purchasing on licenced vehicles to ensure that licensing requirements are being complied with.

In accordance with Standing Order A14.3(a), the motion stood referred to the Licensing Committee to be held on 23 November 2017.

(Note:  Councillor Morris left the meeting before consideration of this item.)

Members considered a motion in relation to an extension to the registration of the areas of King George V Playing Fields with the National Memorial Scheme, 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.  The Chairwoman reported that a revised motion had been published to incorporate officer technical changes.

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

further to the Council’s decision made on 2 February 2017, to register King George V Playing Fields with the National Memorial Scheme, the Council agrees to extend the registration to include the area commonly known as the BMX track and Easterfield Lane as set out in the attached map.

At this juncture, a procedural motion (in accordance with Standing Order A16.11(a)(iv)) to move to the vote was proposed by Councillor Tyerman and seconded by Councillor King and was declared carried.  Accordingly, the motion was put to the vote and declared lost.

Following submission of a notice of motion in relation to a vote of no confidence in the Police and Crime Commissioner, the Chairwoman reported (in accordance with Standing Order A14.2(c)) that Councillors Pentney and Stocks had withdrawn their motion.

To consider the submitted report on the above Policy Framework document.

Members considered the submitted report on a revised Economic Strategy which provided a five year plan for growing the economy based on sustainable productive growth.  It was noted the revised strategy included objectives and actions for the growth of the Torbay economy and played a key role in enhancing the strengths in Torbay and capitalise on opportunities whilst addressing some of the key challenges.

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

that the Council be recommended that the Torbay Economic Strategy 2017-2022, as set out in Appendix 2 to the submitted report be approved, noting that the Policy Framework element of the Strategy starts at Page 10 of Appendix 2.

(Note:  During consideration of Minute 117 Councillor Winfield left the meeting.)

To consider the submitted report on the above Policy Framework document.

The Council considered the submitted report setting out the new Destination Management Plan (DMP) which was a wider development of the new Tourism Strategy.  The DMP set out the framework for the on-going development of Torbay as a tourism destination and helped shape the future development of Torbay as a place.  It was noted the DMP provided focus for collaborative effort and established a shared approach between key stakeholders to effectively manage tourism as a whole for Torbay.

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

that the Council be recommended that the English Riviera Destination Management Plan 2017-2021 Pride in Place, as set out in Appendix 2 to the submitted report be adopted as a sub-strategy of the Torbay Economic Strategy.

(Note:  Prior to consideration of Minute 118, the Elected Mayor, Mayor Oliver declared his pecuniary interest and withdrew from the meeting.)

To consider the submitted report on the establishment of a Town Centre Regeneration Fund to enable various Town Centre Regeneration projects to be brought forward.

Members considered the submitted report on proposals for establishing a £25 million Town Centre Regeneration Programme Fund, as part of the Council’s Transformation Strategy for Torbay’s town centres, and business cases for four projects in Torquay and Paignton.

The Chairwoman reported that a revised officer recommendation had been circulated prior to the meeting.

Councillor Haddock proposed and Councillor King seconded a motion as set out below:

(i)         that prudential borrowing of £25 million is approved to create a Town Centre Regeneration Programme Fund that will support delivery of the projects identified within Phase 1 of the Town Centre Regeneration (TCR) Programme, as set out in the Council’s Transformation Strategy for Town Centres, with any draw down against this sum being delegated to the Chief Executive in consultation with the Elected Mayor, Group Leaders and Chief Finance Officer, in accordance with the approved Business Case at (iii) below;

(ii)        that any income (revenue or capital) from the projects within Phase 1 of the TCR Programme, in excess of the amount required to cover the prudential borrowing costs for the £25 million and sustain service delivery (including any increased service costs/forecast income), be re-invested into the delivery of the Town Centre Regeneration Programme;

(iii)       that the Town Centres Regeneration Programme Board must submit for approval by the Chief Executive, in consultation with the Elected Mayor and Group Leaders, an initial 5 year Town Centres Regeneration Business Plan, including delivery timescales and interdependencies between the projects demonstrating how the prudential borrowing will be used.  The Business Plan needs to be regularly reviewed, with the Board submitting amendments for approval.  The Overview and Scrutiny Board will periodically review progress against the business plan;

(iv)       that the Town Centres Regeneration Business Plan will include the delivery of at least two public realm projects, one for Paignton and one for Torquay, at a combined cost of approximately £3 million, and the delivery of a refurbished Lower Union Lane Multi Storey Car Park at a cost of approximately £3.5 million, subject to the completion of Heads of Terms and a signed Agreement to Lease for the development of student accommodation at Upton Place (or another project that can cover the prudential borrowing costs of the car park refurbishment and public realm projects), with detailed proposals to be included in the Business Plan as per (iii) above.  Final approval of public realm schemes and car park refurbishment to be delegated to the Executive Head of Business Services in consultation with the Chief Finance Officer and the Chairman of the Town Centres Regeneration Board, with the drawdown of the Prudential Borrowing to be approved in accordance with (i) above;

(v)        that, if necessary, the £25 million Town Centre Regeneration Programme Fund can be used to make strategic acquisitions of property, with the revenue and/or capital income from such purchases being reinvested into the delivery of the TCR Programme.  The authority to make such acquisitions is delegated to the Executive Head  ...  view the full minutes text for item 119.

To consider the submitted report on a proposal to vary parking charges.

The Council considered the submitted report on a decision taken by the Chief Finance Officer to vary the off street parking charges from 1 November 2017 and to vary the on-street parking charges from 2 November 2017 to move from seasonal parking charges to fixed year-round tariffs across all parking places managed by the Council in Torbay.  It was noted the Elected Mayor had requested that Council reconsider the decision of the Chief Finance Officer and recommended that the scheduled winter tariff should remain in place for 2017/18 in accordance with the approved budget.

Councillor Excell proposed and Councillor Mills seconded a motion as set out below:

(i)         that the decision taken by the Chief Finance Officer to vary the off street parking charges from 1 November and to vary the on street parking charges from 2 November, set out in Appendices 1 and 2 to the submitted report, be rescinded and the original parking charges (set out in Appendices 3 and 4 to the submitted report) be implemented;  and

(ii)        that the Executive Head of Business Services be requested to publish the relevant Traffic Regulation Orders (TROs) to Revoke the ‘Borough of Torbay (Street Parking Places {Pay & Display}) Order No2 2017’ and ‘Borough of Torbay (Off Street Parking Places) Order No3 2017’ and implement the TROs set out in (i) above.

At this juncture, a procedural motion (in accordance with Standing Order A16.11(a)(iv)) to move to the vote was proposed by Councillor Darling (S) and seconded by Councillor Carter and was declared lost.

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

that the decisions taken by the Chief Finance Officer on 29 September 2017 to vary the off street parking charges from 1 November and to vary the on street parking charges from 2 November, set out in Appendices 1 and 2 to the submitted report, be approved by Council and implemented as advertised.

The amendment was put to the vote and declared lost.

At this juncture, a procedural motion (in accordance with Standing Order A16.11(a)(iv)) to move to the vote was proposed by Councillor Mills and seconded by Councillor Excell and was declared carried.  Accordingly, Councillor Excell’s and Councillor Mills’ original motion was then considered by the Council which was agreed, as set out below:

(i)         that the decision taken by the Chief Finance Officer to vary the off street parking charges from 1 November and to vary the on street parking charges from 2 November, set out in Appendices 1 and 2 to the submitted report be rescinded and the original parking charges (set out in Appendices 3 and 4 to the submitted report) be implemented;  and

(ii)        that the Executive Head of Business Services be requested to publish the relevant Traffic Regulation Orders (TROs) to Revoke the ‘Borough of Torbay (Street Parking Places {Pay & Display}) Order No2 2017’ and ‘Borough of Torbay (Off Street Parking Places) Order  ...  view the full minutes text for item 120.

At this juncture, the Monitoring Officer advised that the meeting had exceeded four hours in duration and in accordance with Standing Order A11.2, the Chief Executive had indicated that item 22 (Future Operating Model:  Clarification for Plymouth City Council) must be transacted at the meeting.  Therefore, the meeting continued.

To consider the submitted report on the above.

The Council considered a late report following a request from Plymouth City Council to provide clarity and certainty as the Council’s future operating model.  It was noted Plymouth City Council took an in principle decision on 25 September 2017 to develop a delivery contract with Torbay Council in respect of Torbay’s Children’s Services functions following the Statutory Direction issued to Torbay Council and Department for Education Commissioner’s view of the need to identify a partner.

Following the Chief Executive’s report to Council on 27 September 2017 on the Council’s operating model, Plymouth City Council sought reassurance that Torbay Council’s existing service delivery model is maintained as far as possible to inform their due diligence.  Members noted this would provide Plymouth City Council with certainty and stability and provide a firm foundation upon which they can assist the Council in improving Torbay’s Children’s Services.

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

that Full Council confirms the following so as to inform Plymouth City Council’s due diligence in respect of arrangements for Children’s Services:

(a)        the current operating model of Torbay Council is flexible, evolving and based upon the most appropriate fit for each service.  The model is not designed or anticipated to lead to a single strategic partnership;

(b)       Torbay Council will use all reasonable endeavours to commit to its current operating model for a period not less than 3 years;

(c)        if during the contract term Torbay Council determines that there is an overwhelming business case for it to enter into a single strategic partnership with another Council, Plymouth City Council reserves the right to review its position in relation to delivery of Children’s Services and if Plymouth City Council withdraws as a result,  Torbay Council will cover all costs relating to the termination of the arrangement;

(d)       should Plymouth City Council decide to unilaterally end the contract before the end of the contract term under circumstances other than those set out in the contractual agreement then Plymouth City Council will cover all costs relating to the termination of the agreement;

(e)        should Torbay Council and Plymouth City Council decide, with permission of the Secretary of State, to end the contract before the end of the contract term then Torbay Council and Plymouth City Council will share equally all costs relating to the termination of the agreement;  and

(f)         the notice period for early termination under all the above circumstances would be 6 months to allow reasonable time to disengage, unless there was agreement that it could be achieved within a shorter period.