A minute’s silence was held in memory of Jenny Richman (Freeman of the Borough of Torbay) who had recently passed away.  The meeting was then opened with a prayer.

Apologies for absence were received from Councillors Barnby, King, Manning and Pentney.  Councillors Morris and Winfield arrived later during the meeting.

To confirm as a correct record the minutes of the meeting of the Council held on 7 December 2017.

The Minutes of the meeting of the Council held on 7 December 2017 were confirmed as a correct record and signed by the Chairwoman.

Councillor Hill declared a non-pecuniary interest in respect of Minute 163 as he was the Council’s representative on the Board of the Riviera International Conference Centre.

To receive any communications or announcements from the Chairman, the Elected Mayor, the Overview and Scrutiny Co-ordinator, the Council’s representative on the Heart of the South West Joint Committee or the Chief Executive.

The Chairwoman welcomed Councillor Long to his first Council meeting following his successful election at the Watcombe By-Election held on 14 December 2017.

Councillor Thomas (D) provided the following report to the Council on his work as the Council’s representative on the Heart of the South West Joint Committee:

a)         The first formal meeting of the Joint Committee was scheduled for March 2018;  and

b)         In January 2018, the Leaders and Chief Executives from Devon, Somerset, Plymouth, Torbay and Exeter Councils and the Local Enterprise Partnership met with the Department of Business, Energy and Industrial Strategy (BEIS) to discuss joint working to grow the region’s economy and improve productivity through a devolution deal for the Heart of the South West (HotSW) Partnership.  Councillor Thomas (D) reported that the meeting went well and had discussed:  skills;  transport infrastructure;  broadband access;  providing more homes where they were needed;  and support for business growth.  Discussions also included challenges faced by rural communities.  The representatives from BEIS were impressed by the strength of the partnership and the meeting agreed:

·         BEIS to facilitate conversations with key Government Departments and champion the Heart of the South West’s proposals;

·         BEIS would play a more proactive role in our devolution work and send a representative to key meetings on a regular basis;  and

·         The HotSW Partnership would provide more information on its proposals including priorities and timescales.

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 heard from Julia Neal (on behalf of Nick Slater) who had submitted a statement in relation to a proposed Charter to end conscious cruelty in Torbay.  The Executive Lead for the Environment, Councillor Ellery, responded to the statement that had been put forward, plus a supplementary question asked by Ms Neal.

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

Members received a paper detailing questions, as set out at Appendix 1 to these Minutes, 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 Ellery, Excell, King, Kingscote, Mills and Parrott.  The Chairwoman advised that Councillor Stocks would put and Councillor Haddock would respond to question 7 in the absence of Councillors Pentney and King respectively.

Supplementary questions were put and answered by Councillors Ellery, Excell, Kingscote, Mills and Parrott, arising from their responses to the questions in respect of questions 2, 3, 4, 5, 6, 8, 9, 10, 11, 13 and 14.

Members considered a motion in relation to the Marina Car Park, the Pavilion and Cary Green development, Torquay, notice of which was given in accordance with Standing Order A14.

Councillor Darling (S) proposed and Councillor Darling (M) seconded the notice of motion as set out below:

this Council notes the decision of the Elected Mayor on 1 February 2012 in respect of the Development Agreement for the Marina Car Park, the Pavilion and Cary Green and that planning permission for a hotel was granted by the Development Management Committee on 27 February 2017.  However to date there appears to have been no progress of the development.

Given the desperate need for economic regeneration in the Bay, this Council requests the Elected Mayor to rescind his decision of 1 February 2012 and that as a consequence he instructs the Director of Corporate Services and Operations to terminate the Development Agreement.

In accordance with Standing Order A14.3(a), the motion stood referred to the Elected Mayor.

The Elected Mayor rejected the motion and his record of decision is attached to these Minutes.

Members considered a motion in relation to the introduction of a register for sites whose development had been stalled for more than one year, notice of which was given in accordance with Standing Order A14.

Councillor Darling (S) proposed and Councillor Carter seconded the notice of motion as set out below:

This Council notes that a number of sites across Torbay are stalled in respect of their redevelopment and that a register of such “stalled Sites” would both act as a focus to ensure action is taken to promote activity to improve these sites and allow the local community and developers clear guidance as to what action is being taken to tackle the stalled site and what opportunity there is to engage with the redevelopment of these sites.

The register should include sites that have been stalled for more than one year and has been identified by either Councillors or community partnerships as a site of concern. 

This Council instructs officers to establish a register of such sites. 

The initial register should include: Oldway Mansions, Crossways centre, Hollicombe site, Former B&Q Torre, Shedden Hall Hotel, The Pavilion, Torwood Street site.    

A six monthly update on the register should be placed on the agenda for the Councils Overview & Scrutiny committee. 

The register should be maintained on the Councils website.   

In accordance with Standing Order A14.3(a), the motion stood referred to the Elected Mayor.

The Elected Mayor rejected the motion and his record of decision is attached to these Minutes.

To consider the third budget monitoring report for 2017/2018 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 2017.

To consider any recommendations from the Overview and Scrutiny Board.

The Council noted the forecast position for Revenue Budget for 2017/18 based on quarter three information, as set out in the submitted report.

To consider the submitted report on the review of political balance and appointments to committees and working parties following a recent change in political balance.

The Council considered a review of political balance on committees and working parties following notification that Councillors Amil, Excell, Mills and King wished to be known as ungrouped Independent members on the Council and Councillor Parrott wished to be known as a UKIP member (as set out in the submitted report).

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

(i)         that the overall political balance of the committees as set out at Appendix 1 to the submitted report be approved;

(ii)        that, in accordance with the Local Protocol for Working Parties, the overall political balance of working parties as set out in Appendix 2 to the submitted report be approved;  and

(iii)       that the designation of seats to the ungrouped Independent members be delegated to the Governance Support Manager, in consultation with the ungrouped Independent members.  Where consensus cannot be reached and the seat is not designated to a specific Executive Lead, seats will be allocated by the drawing of lots by the Governance Support Manager.

To receive details on the composition and constitution of the Elected Mayor’s Executive for 2017/2018, together with the record of delegation of Executive Functions.

Members noted the submitted report which provided details of changes made by the Elected Mayor to his Executive.

In accordance with the Council’s Standing Order (A9.1) to select, by elimination ballot, the Chairman/woman-Elect and Vice-Chairman/woman-Elect for the Municipal Year 2018/2019.

In accordance with the Council’s Standing Orders (A9.1), the Council was requested to consider selecting the Chairman/woman-Elect and Vice-Chairman/woman-Elect for the 2018/2019 Municipal Year.

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

(i)         that Councillor Doggett be selected as Chairman (Elect) for the 2018/2019 Municipal Year;  and

(ii)        that Councillor Barnby be selected as Vice-Chairwoman (Elect) for the 2018/2019 Municipal Year.

To consider passing a resolution to exclude the press and public from the meeting prior to consideration of items 14 and 15 on the agenda on the grounds that exempt information (as defined in Part 3 of Schedule 12A of the Local Government Act 1972 (as amended)) is likely to be disclosed.

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

that the press and public be excluded from the meeting prior to consideration of items 14 and 15 on the agenda on the grounds that exempt information (as defined in paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended) is likely to be disclosed.

Prior to consideration of the items in Minutes 163 and 164 the press and public were formally excluded from the meeting.

To consider the submitted report on the above.

Members consider the submitted exempt report in respect of the Riviera International Conference Centre (RICC).  A revised officer recommendation was circulated prior to the meeting.

The decision of the Council is restricted due to exempt information contained within the decision.

(Note:  Councillor Morris joined the meeting during consideration of this item.)

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

The Council considered the recommendations of the Investment Committee on an investment opportunity.  Members received details of the proposals as set out in the exempt report circulated prior to the meeting.

The decision of the Council is restricted due to exempt information contained within the decision.

The following items form part of the Council's Annual Budget setting process and will be deferred for consideration at an adjourned meeting of the Council to be held on 8 February 2018.

The Chairwoman 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 8 February 2018 to enable full consideration to be given to the implications of the proposals set out in the reports and documentation circulated on 26 January 2018.