Town Hall, Castle Circus, Torquay, Devon TQ1 3DR Main Switchboard (01803) 201201 Fax (01803) 207006 DX 59006 Tuesday, 21 October 2014 Meeting of the Council Dear Member I am pleased to invite you to attend a meeting of Torbay Council which will be held in Rosetor Room, Riviera International Conference Centre, Chestnut Avenue, Torquay, TQ2 5LZ on Thursday, 30 October 2014 commencing at 3.00 pm The items to be discussed at this meeting are attached. Yours sincerely, Steve Parrock Executive Director of Finance and Operations (All members are summoned to attend the meeting of the Council in accordance with the requirements of the Local Government Act 1972 and Standing Orders A5.) Working for a healthy, prosperous and happy Bay For information relating to this meeting or to request a copy in another format or language please contact: June Gurry, Town Hall, Castle Circus, Torquay, TQ1 3DR 01803 207012 Email: [email protected] www.torbay.gov.uk (i) Meeting of the Council Agenda 1. Opening of meeting 2. Apologies for absence 3. Minutes (Pages 1 - 18) To confirm as a correct record the Minutes of the meeting of the Council held on 25 September 2014. 4. Declarations of interests (a) To receive declarations of non pecuniary interests in respect of items on this agenda For reference: Having declared their non pecuniary interest 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. (b) To receive declarations of disclosable pecuniary interests in respect of items on this agenda For reference: 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.) 5. Communications To receive any communications or announcements from the Chairman, the Mayor, the Overview and Scrutiny Co-ordinator or the Executive Director of Operations and Finance. 6. Members' questions (Pages 19 - 22) To respond to the submitted questions asked under Standing Order A13. 7. Notice of motions To consider the attached motions, notice of which has been given in accordance with Standing Order A14 by the members indicated: (a) Notice of Motion - Fairer Tax System (Mayoral Decision) (Page 23) (ii) 8. Proposed Disposal of Surplus Assets (Mayoral Decision) (Pages 24 - 51) To consider a report on the disposal of 13 assets which are surplus to the Council’s requirements. 9. Extreme Weather Resilience Report: Torbay 2013/14 (Mayoral (Pages 52 - 76) Decision) To consider the submitted report on the above. 10. Adjournment To consider adjourning the meeting until 5.30 p.m. 11. Petitions To receive petitions and any oral representations from the public in accordance with Standing Order A12 as set out below:- (a) Petition to Save Torbay’s Countryside - Restore funding for Torbay Coast & Countryside Trust in 2014/15 to £193k and in 2015/16 to £183k Approximately 331 e-signatures and 2,632 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. (b) Reduce and stop development of more services for substance abuse near Torquay Town Centre Approximately 48 e-signatures from residents and people who work or study in Torbay. At the request of the petitioner organiser this petition will be presented to the meeting. 12. Public question time 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. (a) Public Question - Fly-Tipping at the Coach Station (Page 77) (b) Public Question - Flooding at Torre Marine (Page 78) 13. Saving Proposals 2015/2016 (Pages 79 - 138) To consider a report setting out the Mayor’s draft savings proposals for 2015/2016 which, if approved, would form the basis of the budget which the Council will be asked to approve in February 2015. The full revised savings proposals are available on the Council’s website at www.torbay.gov.uk/finalpropsals1516.pdf . 14. Review of Reserves 2015/16 (Pages 139 - 152) To consider a report on the review of the Council’s reserves and any recommendations from the Overview and Scrutiny Board. (iii) 15. Children's Services 5 Year Cost Reduction Plan (Pages 153 - 176) To consider a report setting out challenges and increased demands Torbay Council Children’s Services have faced over the last few years. 16. Parking Charges and Enforcement Activity (Pages 177 - 182) To consider the submitted report on the above. 17. Review of Enforcement and Prosecution Policy for (Pages 183 - 208) Environmental Health, Trading Standards, Licensing and Housing Standards To consider a report on the above policy. 18. Review of Polling Districts, Polling Places and Polling Stations (Pages 209 - 244) 2014 To consider the submitted report on the above. 19. Review of Political Balance (Pages 245 - 248) To consider a report on the review of political balance. 20. Composition and Scheme of Delegation of Executive Functions (Pages 249 - 257) 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). Note An audio recording of this meeting will normally be available at www.torbay.gov.uk within 48 hours. (iv) Agenda Item 3 Minutes of the Council 25 September 2014 -: Present : - Chairman of the Council ( Councillor Barnby ) (In the Chair) Vice-Chairman of the Council (Councillor Hill) The Mayor of Torbay (Mayor Oliver) Councillors Addis, Amil, Baldrey, Bent, Brooksbank, Cowell, Davies, Doggett, Ellery, Excell, Faulkner (A), Faulkner (J), Hytche, James, Lewis, McPhail, Mills, Morey, Parrott, Pentney, Pountney, Pritchard, Stockman, Stocks, Stringer, Thomas (D), Thomas (J) and Tyerman 55 Opening of meeting The Chairwoman welcomed Rob Butler, Deputy Lord Mayor of the City of Perth, Australia, to the meeting. The meeting was then opened with a prayer. 56 Apologies for absence Apologies for absence were received from Councillors Butt, Darling, Hernandez, Kingscote, Richards and Scouler. The Monitoring Officer also advised that Councillors James, McPhail, Stringer and Thomas (D) would be joining the meeting after the adjournment. 57 Minutes The Minutes of the meeting of the Council held on 17 July 2014 were confirmed as a correct record and signed by the Chairman. 58 Declarations of interests Councillor Parrott declared a non-pecuniary interest in Minutes 63 and 65 as he was the Chairman of the Strategic Advisory Board for Children’s Centres. 59 Communications The Chairwoman announced that the Civic Garden Party and Civic Church Service raised approximately £1,100 for the Chairwoman’s charities and expressed her thanks to all those who attended. The Mayor: Page 1 Council Thursday, 25 September 2014 (i) announced that the South Devon Export Network (SDEN) held in Torbay had won the prestigious national award Enterprising Britain, in the ‘Support for Exporting’ category, sponsored by the Department for Business, Innovation and Skills. The Mayor added that SDEN enabled local business people to meet quarterly to exchange information and knowledge about trading internationally; (ii) advised that following on from the consultation with residents and stakeholders and feedback from the Priorities and Resources Panel he had decided that, due to uncertainty with the 2015/16 funding from the coalition Government and the in-year pressures currently facing the Council, he withdrew the budget savings proposals from this Council meeting to allow sufficient time to consider the issues before his budget savings proposals were presented to Council; and (iii) welcomed the announcement that the coalition Government would revisit its decision to cut funding for local welfare provision from April 2015, which funds the Council’s Crisis Support Scheme. The Mayor advised the Council that monies had been ring fenced to respond to the proposed cut to ensure a scheme could continue in the next financial year. 60 Order of Business In accordance with Standing Order A7.2 in relation to Council meetings, the order of business was varied to enable agenda Item 6 (Members’ questions) to be considered at end of the meeting. 61 Notice of Motion - Lease for the Pavilion, MDL Car Park and Cary Green (Mayoral) Members considered a motion in relation to the lease for the Pavilion, MDL Car Park and Cary Green, Torquay, notice of which was given in accordance with Standing Order A14. It was proposed by Councillor Cowell and seconded by Councillor Parrott: that this Council requests the Mayor to bring to full Council the terms of any lease for the Pavilion, MDL Car Park, Cary Green and associated space for disposal before any final agreement is entered in to. Council considers this to be in accordance with the Mayor’s policy of making his decision at full council. In accordance with Standing Order A14.3(a), the motion stood referred to the Mayor. The Mayor advised that as he had already taken the decision, following a recommendation by the Council, for the Chief Executive of Torbay Development Agency to determine the details of the lease and as these negotiations had been progressed he rejected the motion.