Members observed a minute’s silence as a mark of respect in memory of:

(i)     fisherman Andy Westaway who lost his life when his fishing boat sank off Torquay;

(ii)    the Torquay man who also lost his life when swept into rough seas off Princess Pier; and

(iii)  Damien Damerell, former Mayor in 1973/74, who had recently passed away.

The meeting was then opened with a prayer.

An apology for absence was received from Councillor Kingscote.

To confirm as a correct record the minutes of the meeting of the Council held on 6 December 2012.

The Minutes of the meeting of the Council held on 6 December 2012 were confirmed as a correct record and signed by the Chairman.

The following interests were declared:

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

The Overview and Scrutiny Co-ordinator, on behalf of the Overview and Scrutiny Board and Priorities and Resources Review Panel, thanked all those who participated in the consultation meetings on the budget proposals.

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

Members received questions, as attached to the agenda, notice of which had been given in accordance with Standing Order A13.

Verbal responses were provided at the meeting.  Supplementary questions were then asked and answered on all the questions.

Question 1 was deferred to the adjourned meeting to be held on 13 February 2013 as it related to the budget.

To consider the attached motion, notice of which has been given in accordance with Standing Order A14 by Councillors Darling and Pentney.

Members considered a motion in relation to fuel poverty, notice of which was given in accordance with Standing Order A14.

It was proposed by Councillor Darling and seconded by Councillor Pentney:

This Council notes:

1.         Already 1 in 4 households in the UK are in fuel poverty, meaning they need to spend more than 10% of their income on keeping their homes warm. The problem is likely to get worse, with 1 in 3 households projected to be in fuel poverty by 2016.

2.         The main reasons for this crisis are that gas, oil and coal prices are high, and the UK’s homes are some of the most energy inefficient in Europe – leaking heat from their doors, walls and windows.

3.         Cold homes are damaging the health of vulnerable members of society, including children, older people and people with disabilities. Diseases such as asthma are made worse, and people are more likely to have strokes and heart attacks. Illnesses caused by cold homes cost the NHS nearly one billion pounds each year.

4.         Over the next 15 years the Government will raise an average of £4 billion every year in carbon taxes through the European Emissions Trading Scheme and the Carbon Floor Price. Recycling this revenue back into households could bring 9 out of 10 homes out of fuel poverty, lower people’s bills, cut carbon emissions and create jobs.

This Council therefore resolves to:

1.         Support the Energy Bill Revolution campaign calling for the Government to recycle revenues from carbon taxes into improving the energy efficiency of UK homes.

2.         Notify local Members of Parliament of its support for the campaign and urge them to sign Early Day Motion 47 – “Reducing Fuel Bills through Energy Efficiency.

In accordance with Standing Order A14.3(a), the Monitoring Officer advised the motion stood referred to the Mayor.  The Mayor did not accept the motion on the grounds outlined in a letter dated 4 February 2013 from Sarah Wollaston MP (copy attached to these minutes).

To consider a report on the future of Chestnut Children’s Centre Nursery.

The Council made the following recommendation to the Mayor:

It was proposed by Councillor Lewis and seconded by Councillor Thomas (J):

That Chestnut Nursery be closed with effect from the 31 August 2013 subject to the decision being reconsidered should a viable alternative become available by no later than 2 April 2013.

An amendment was proposed by Councillor Baldrey and seconded by Councillor James:

That discussions continue with Play Torbay (or any other potential provider) with a view to providing nursery facilities at the Chestnut site and that a final decision be deferred until the Council meeting on 15 May 2013.

In accordance with Standing Order A19.4 a recorded vote was taken on the amendment.  The voting was taken by roll call as follows:  For: Councillors Addis, Baldrey, Bent, Cowell, Darling, Davies, Doggett, Ellery, Faulkner (A), Faulkner (J), James, Morey, Parrott, Pentney, Pountney, Stocks and Stockman (17);  Against:  The Mayor, Councillors Amil, Barnby, Brooksbank, Butt, Excell, Hernandez, Hill, Hytche, Lewis, McPhail, Mills, Pritchard, Richards, Scouler, Thomas (D), Thomas (J) and Tyerman (18);  Abstain:  Councillor Stringer (1);  and Absent:  Councillor Kingscote (1).  Therefore, the amendment was declared lost.

A further amendment was proposed by Councillor Pritchard and seconded by Councillor Mills:

            That the date be extended from 2 April 2013 to 15 May 2013.

In accordance with Standing Order A19.4 a recorded vote was taken on the amendment.  The voting was taken by roll call as follows:  For: Councillors The Mayor, Councillors Addis, Amil, Barnby, Bent, Brooksbank, Butt, Davies, Ellery, Excell, Faulkner (A), Faulkner (J), Hernandez, Hill, Hytche, Lewis, McPhail, Mills, Parrott, Pritchard, Richards, Scouler, Stocks, Thomas (D), Thomas (J) and Tyerman (26);  Against:  Councillors Baldrey, Cowell, Darling, Doggett, James, Morey, Pentney, Pountney and Stockman (9);  Abstain:  Councillor Stringer (1);  and Absent:  Councillor Kingscote (1).  Therefore, the amendment was declared carried.

The substantive motion (the original motion with the addition of the second amendment) was then before Members for consideration.

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

The Mayor considered the recommendation of the Council as set out above at the meeting and the record of his decision, together with further information, is attached to these Minutes.

(Note:  During consideration of Minute 103, Councillor Stocks declared a non pecuniary interest as she was a trustee of Play Torbay.)

To consider the attached report which sets out the approach used to setting the usual cost of care, and the funding necessary to support payment of care home fee rates for 2012/13 and 2013/14.

Members considered the submitted report which set out the proposed fees for care homes for 2012-2014.  The Council, through Torbay and Southern Devon Health and Care Trust was required each year to set the costs it would pay for residential and nursing care provision.  The report set out details of a review which had been undertaken, the proposal formulated and consultation undertaken on the proposed fee rates.

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

(i)            the Council approves the basis of the calculation for the ‘usual cost’ of residential and care home fees, as set out in the submitted report;  and

(ii)          the Council authorise funding to Torbay and Southern Devon Health and Care Trust in the sum of £494,000 in 2012/13 and recognises the additional costs £412,000 in 2013/14 in order to meet Care Home fees for that year.

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

To consider a report on proposed cycling facilities at Clennon Valley.

The Chairman advised that this item had been deferred.

To consider a report on the proposed disposal of the Town Hall Car Park for redevelopment.

The Council made the following recommendation to the Deputy Mayor:

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

(i)            That the Council to enter into a conditional contract to lease the Town Hall Car Park to Hawkstone PLC on the terms set out below;

(ii)          That the Chief Executive of the TDA be instructed to negotiate terms for a conditional contract to grant a 199 ‘peppercorn’ year ground lease to Hawkstone PLC in return for the developer paying a premium sum of not less than £2.5m;

(iii)         That the contract to lease the land be subject to the developer achieving a detailed planning approval for a food store development together with associated car parking. The developer to submit a detailed planning application within 6 months and the development should be commenced within 12 months of planning approval;

(iv)         That the terms of any contract shall not result in a reduction of the number of parking spaces currently available for the public on the site;

(v)           The remaining terms of the contract negotiated shall be approved by the Deputy Mayor;  and

(vi)         The approval to be subject to contract, planning approval and the TDA obtaining  an independent valuation of the scheme so as to ensure the Council has (and is been seen to have) obtained best value. In the event there are changes to either the proposed scheme or the contract terms after the terms are agreed that further independent valuation advice will be sought.

An amendment was proposed by Councillor Darling and seconded by Councillor Pountney:

(ii)        That the Chief Executive of the Torbay Development Agency be instructed to negotiate terms of a conditional contract to grant a 199 year lease with an annual ground rent of not less than £50,000 plus existing car parking income (rent to be reviewed every 5 years, upwards only) together with a substantial capital receipt or a capital receipt of not less than £2.5 million, provided that such an arrangement is confirmed by the District Valuer to be in the best financial interests of the Council.

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

The substantive motion (the original motion with revised paragraph (ii)) was then before Members for consideration.

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

The Deputy Mayor considered the recommendation of the Council as set out above at the meeting and the record of his decision, together with further information, is attached to these Minutes.

(Note:  Prior to consideration of this item:

1.    the Mayor declared a pecuniary interest and withdrew from the meeting room.  In the absence of the Mayor the Deputy Mayor made the decision; and

2.    Councillor Stocks declared a non pecuniary interest as she was a trustee of Torbay Shopmobility.)

To consider the attached report on the proposed development of pontoon moorings in Torquay’s inner harbour.

The Council considered the submitted report setting out the recommendations of the Harbour Committee to replace the existing chain moorings with new pontoon moorings in Torquay’s inner harbour.

It was proposed by Councillor Richards and seconded by Councillor Ellery:

(i)            That the Harbour Committee’s recommendation to replace the existing chain trot moorings in Torquay’s inner harbour be approved;

(ii)          That the Torquay Inner Harbour Pontoon Berthing Project be added to the Council’s Capital Plan and the use of prudential borrowing of approximately £800,000 be approved to enable the scheme to proceed;  and

(iii)         That, the Executive Head of Tor Bay Harbour Authority, in consultation with the Chairman of the Harbour Committee and the Mayor, be authorised to use his delegated powers to proceed with the Torquay Inner Harbour Pontoon Berthing Project and that the Torbay Development Agency be asked to provide the necessary project management services.

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

(i)         To consider the submitted report (to follow) on the Local Government Finance Settlement on the Revenue Budget for 2013/14.

(i)         To consider the recommendations of the Mayor on the Revenue Budget Proposals for 2013/14.

(Note:  This item will be deferred for consideration at an adjourned meeting of the Council to be held on Wednesday, 13 February 2013.)

At the invitation of the Chairman, the Mayor outlined his budget proposals for 2013/14.  A copy of the record of decision setting out the recommendations of the Mayor in respect of the budget proposals (both revenue and capital) is attached to these Minutes.

The Chairman advised that in accordance with Standing Orders F2.13 and F3.12 in relation to the Budget and Policy Framework this item was referred to an adjourned meeting of Council to be held on 13 February 2013 to enable full consideration to be given to the implications of the proposals set out in the report circulated on 6 February 2013.

(Note:  Following the publication of the agenda for this meeting, items 13 (Revenue Budget 2013/14) and 14 (Capital Plan Budget 2013/14 to 2016/17 were combined.)

To receive an amendment to the composition and constitution of the Mayor’s Executive, together with a revised record of delegations of Executive functions (in accordance with Standing Order C4.2(a)).

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