Agenda and minutes
Venue: Council House (Next to the Civic Centre), Plymouth
Contact: Nicola Kirby, Democratic Support Email: nicola.kirby@plymouth.gov.uk
Media
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VICE CHAIR OF THE MEETING Additional documents: Minutes: In the absence of the Deputy Lord Mayor (Councillor Singh), it was agreed that Councillor Mrs Nelder acts as vice chair of the meeting. |
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ORDER OF BUSINESS Additional documents: Minutes: With the permission of council, the order of business on the agenda was amended, as set out below in the minutes. |
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WEBCAST OF THE LAST COUNCIL MEETING Additional documents: Minutes: The Monitoring Officer reported that following potential defamatory statements by councillors about an officer, he had taken the decision not to publish that part of the webcast to protect the officer concerned and the council in relation to any potential legal action. The comments had been investigated and there was no evidence of wrong doing by the officer. A draft protocol on webcasting was presented to council for approval today and referred to in minute 75 below.
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To approve and sign as a correct record the minutes of the meeting held on 3 December 2012. Additional documents: Minutes: Agreed that the minutes of the meeting of council held on 3 December 2012 are confirmed as a correct record.
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DECLARATIONS OF INTEREST PDF 35 KB Councillors will be asked to make declarations of interest in respect of items on this agenda. A flowchart providing guidance on interests is attached to assist councillors. Additional documents: Minutes: The following declarations of interest were made in accordance with the code of conduct from councillors in relation to items under consideration at this meeting –
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APPOINTMENTS TO COMMITTEES, OUTSIDE BODIES ETC PDF 44 KB The Director for Corporate Services will submit a schedule of vacancies on committees, outside bodies etc and of changes notified to us.
Additional documents: Minutes: The City Council noted the appointment of Councillor Fox as the new alternate director for Careers South West. |
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ANNOUNCEMENTS (a) To receive announcements from the Lord Mayor, Chief Executive, Director for Corporate Services or Assistant Director of Democracy and Governance;
(b) To receive announcements from the Leader, Cabinet Members or Committee Chairs. Additional documents: Minutes: The Lord Mayor congratulated -
Members of staff came forward to be presented with certificates and congratulated by the Lord Mayor.
The Leader referred to –
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CONSTITUTIONAL CHANGES PDF 56 KB The Assistant Director for Democracy and Governance will submit a report on changes to the constitution, in particular, to amend the Planning Committee Code of Practice and the hospitality rules and to adopt a new webcasting protocol. Additional documents:
Minutes: The Assistant Director for Democracy and Governance presented his report on proposed constitutional changes following consideration by the Constitutional Review Group (CRG). With the agreement of the council, each proposal was considered in turn.
Planning Committee Code of Conduct
Councillor Peter Smith (Deputy Leader) moved and Councillor Stevens (Chair of the CRG and Planning Committee) seconded the proposal as set out in the written report. Councillor Stevens thanked Councillor Ball for highlighting an issue with the existing code.
In response to a question from Councillor Mrs Pengelly, the Monitoring Officer advised that the revised code would be implemented as soon as practicable and it was unlikely that it could apply to the meeting of the Planning Committee to be held on 31 January 2013.
Agreed to adopt the revised Planning Committee Code of Practice (to be implemented as soon as practicable).
Hospitality Rules
Councillor Peter Smith (Deputy Leader) moved and Councillor Stevens (Chair of the CRG) seconded the proposal as set out in the written report.
Agreed to change the hospitality rules in relation to paid for events.
Webcasting Protocol
Councillor Peter Smith (Deputy Leader) moved and Councillor Evans (Leader) seconded a revised proposal to recommendation (3) in the written report as follows -
During the debate, the following issues were raised –
Following questions from councillors, the Monitoring Officer advised that councillors would need to obtain their own legal advice about indemnity insurance, and further to his statement in minute 70 above, reported that he would not publish that part of the webcast again as his role was to protect the council.
Councillor Lowry moved and Councillor Rennie seconded that the vote was taken. Following a request from ten councillors for a recorded vote, there voted –
For the motion (37)
Councillors Mrs Aspinall, Ball, Mrs Beer, Bowie, Bowyer, Mrs Bowyer, Casey, Churchill, Damarell, Darcy, P. Davey, Evans, K Foster, Mrs Foster, Fox, Fry, Gordon, James, Jarvis, Lowry, McDonald, Murphy, Mrs Nelder, ... view the full minutes text for item 75. |
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DISPENSATIONS FOR MEMBERS AND CO-OPTED MEMBERS OF PLYMOUTH CITY COUNCIL PDF 61 KB The City Council will be asked to consider the written report of the Monitoring Officer on the provisions of the Localism Act 2011 which have amended the law relating to the granting of dispensations to Members and co-opted members where they have disclosable pecuniary interests, thereby allowing them to take part in meetings. The City Council will be asked to allow all Members and co-opted members to be granted dispensations under certain circumstances.
Additional documents: Minutes: The Assistant Director for Democracy and Governance submitted a written report on dispensations for Members and co-opted members of Plymouth City Council. The decision would enable councillors to vote on council tax matters, including items on this agenda.
Councillor Peter Smith (Deputy Leader) moved and Councillor Evans (Leader) seconded a proposal to amend the recommendations in the written report of the Assistant Director for Democracy and Governance, as follows -
The Monitoring Officer advised that the proposer of the recommendations (Councillor Smith) had chosen to revise the recommendations that had been circulated with the agenda. He also confirmed that he was content that the amendment would enable the business on the agenda to be determined and that there would be an opportunity in the future to consider options for dispensations. Agreed that –
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QUESTIONS BY THE PUBLIC To receive questions from and provide answers to the public in relation to matters which are about something the council is responsible for or something that directly affects people in the city, in accordance with Part B, paragraph 11 of the Constitution.
Questions, of no longer than 50 words, can be submitted to the Democratic Support Unit, Plymouth City Council, Civic Centre, Plymouth, PL1 2AA, or email to democraticsupport@plymouth.gov.uk. Any questions must be received at least five complete working days before the meeting. Additional documents: Minutes: There were no questions submitted by the public for this meeting. |
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RECOMMENDATIONS FROM CABINET AND AUDIT COMMITTEE Additional documents: |
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Council Tax Support Scheme PDF 69 KB Cabinet Member: Councillor Lowry.
The City Council will be asked to consider the Cabinet recommendation and the report of the Director for Corporate Services. The Council Tax Reduction Scheme Policy will follow. Minute 103 (of the Cabinet meeting held on 11 December 2012) refers.
Additional documents:
Minutes: Councillor Lowry (Cabinet Member for Finance) presented the recommendations in the written report of the Director for Corporate Services to the City Council on the Council Tax Support Scheme. Cabinet minute 103 and the written report of the Director for Corporate Services to Cabinet also referred.
The proposals were seconded by Councillor Penberthy.
Following a request for advice on interests, the Monitoring Officer advised that it was a Member’s responsibility to determine whether they had an interest and that it was not practical to provide advice during a meeting.
Following a debate, Councillor Lowry undertook to continue to monitor the implementation and impact of the scheme and report back to council.
Agreed the Council Tax Support Scheme as set out in the Council Tax Reduction Scheme Policy, the Exceptional Hardship Fund Policy and Vulnerability/Incentivising Work Statement.
(Councillors Churchill, Gordon and Jordan declared interests and withdrew from the meeting during consideration of the item). |
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Council Tax Technical Reforms PDF 53 KB Cabinet Member: Councillor Evans (Councillor Lowry has declared a disclosable pecuniary interest in this item).
The City Council will be asked to consider the Cabinet recommendation. Minute 104 (of the Cabinet meeting held on 11 December 2012) and the report of the Director for Corporate Services refer.
Additional documents: Minutes: Councillor Evans (Leader) presented the recommendations in Cabinet minute 104 on the council tax technical reforms. The written report of the Director for Corporate Services to Cabinet also referred.
Councillor Dr Salter indicated that he wished to move an amendment and, having been reminded that he had declared a disclosable prejudicial interest in the item, he withdrew from the meeting.
The proposals were seconded by Councillor Peter Smith.
Councillor Mrs Pengelly moved an amendment as follows and asked that, if the amendment was not accepted, the Leader looked at the proposal, as follows –
‘To be more generous than the existing Class F exemption ‘Left Empty By Deceased Person’ giving just six months of exemption after the grant of Probate, which can currently be followed by a Vacant Property (Class C) exemption only if a property is newly built or both unoccupied and unfurnished, in future the Council agrees on compassionate grounds to exempt from Council tax for a period of up to two years properties which are unoccupied due to the recent death of a resident, while the executors of that resident’s estate make necessary repairs or alterations to prepare the property for sale or for letting’.
Following an assurance given by the Leader that the proposal would be looked at the next day, Councillor Mrs Pengelly withdrew the amendment.
Agreed to -
(Councillors Mrs Bowyer, Bowyer, Churchill, Martin Leaves, Michael Leaves, Sam Leaves, Lowry, Dr Mahony, Ricketts, Dr Salter, John Smith and Wigens declared interests in the above item and withdrew from the meeting during consideration of the item). |
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Council Tax Base Setting PDF 53 KB Cabinet Member: Councillor Lowry
The City Council will be asked to consider the Cabinet recommendation. Minute 132 (of the Cabinet meeting held on 15 January 2013) and the report of the Director for Corporate Services refer.
Additional documents: Minutes: Councillor Lowry (Cabinet Member for Finance) presented the recommendations in Cabinet minute 132 on the Council tax base setting. The written report of the Director for Corporate Services to Cabinet also referred.
The proposals were seconded by Councillor Evans (Leader).
Councillor Lowry urged councillors and officers to look at the self service system on the website as greater use would provide a more efficient service.
Agreed the council tax base for 2013/14 tax setting as 66,958 Band D equivalents, which is the tax base after allowing for an estimated collection rate of 97.5 per cent. |
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Social Fund Replacement PDF 65 KB Cabinet Member: Councillor Penberthy.
The City Council will be asked to consider the Cabinet recommendation. Minute 128 (of the Cabinet meeting held on 15 January 2013) and the report of the Director for People refer.
Additional documents:
Minutes: Councillor Penberthy (Cabinet Member for Co-operatives and Community Development) presented the recommendations in Cabinet minute 128 on the social fund replacement. The written report of the Director for People to Cabinet also referred.
Councillor Penberthy thanked everyone who had responded to the consultation and Councillor Tuffin (Chair of the Customers and Communities Overview and Scrutiny Panel) for the pre decision scrutiny undertaken by that panel.
The proposals were seconded by Councillor Tuffin who also thanked members of the scrutiny panel, Steve Meakin of the Citizens Advice Bureau and officers for their hard work.
Agreed –
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Adoption of North Prospect Area Planning Statement PDF 64 KB Cabinet Member: Councillor Vincent.
The City Council will be asked to consider the Cabinet recommendation. Minutes 130 and 130a (of the Cabinet meeting held on 15 January 2013) and the report of the Director for Place refer.
Additional documents:
Minutes: Councillor Vincent (Cabinet Member for Environment) presented the recommendations in Cabinet minute 130a on the adoption of the North Prospect Area Planning Statement. Cabinet minute 103 and the written report of the Director for Place to Cabinet also referred.
Councillor Vincent thanked officers, Plymouth Community Homes, ward councillors and the community who had worked together to achieve this outcome.
The proposals were seconded by Councillor Evans (Leader).
Agreed to adopt the North Prospect Area Planning Statement as interim planning guidance to be used in consideration of future development proposals in North Prospect. |
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Tamar Bridge and Torpoint Ferry Joint Committee Revenue Estimates and Capital Programme PDF 57 KB Joint Chair of the Tamar Bridge and Torpoint Ferry Joint Committee: Councillor Coker.
The City Council will be asked to consider the Cabinet recommendation. Minutes 121 and 121a (of the Cabinet meeting held on 15 January 2013) and the report of the Director for Place refer.
Additional documents:
Minutes: Councillor Evans (Leader) presented the recommendations in Cabinet minute 121a on the Tamar Bridge and Torpoint Ferry Joint Committee revenue estimates and capital programme. Cabinet minute 120 and the written report of the Director for Place to Cabinet also referred.
The council was advised that the proposal would require an increase in toll income to mitigate the risks but that despite recent media reports, the joint committee had not agreed any toll increases to date. Members were continuing to look at options before presenting a report to Cabinet.
The proposals were seconded by Councillor Wheeler.
Agreed to approve the revenue and capital budgets for 2013/14, as proposed by the Tamar Bridge and Torpoint Ferry Joint Committee and recommended by Cabinet. |
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Amendment to the Capital Programme - Windsor House Co-location with Health PDF 72 KB Cabinet Members: Councillor Lowry and McDonald
The City Council will be asked to consider the Cabinet recommendation. Minutes 120 and 120a (of the Cabinet meeting held on 15 January 2013) and the report of the Director for Corporate Services refer.
Additional documents:
Minutes: Councillor Lowry (Cabinet Member for Finance) presented the recommendations in Cabinet minute 120a on the proposed amendment to the capital programme arising from the co-location at Windsor House with health. Cabinet minute 120 and the written report of the Director for Corporate Services to Cabinet also referred.
The proposals were seconded by Councillor McDonald.
Following a request by Councillor Bowyer for an assurance that additional parking would be available before or to coincide with the arrival of new staff, Councillor McDonald agreed to provide further information outside of the meeting. She indicated that the issue had been recognised but that it was not a straight swap as some health staff were not essential users. Officers were currently considering the requirements.
Agreed the additional capital resources required to implement co-location at Windsor House with the Western Locality Clinical Commissioning Group and to amend the capital programme accordingly.
(Councillors Sam Leaves and Jon Taylor declared interests in the above item). |
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Treasury Management Strategy 2012/13 - midyear review PDF 50 KB Chair of the Audit Committee: Councillor Wheeler.
The City Council will be asked to consider the Audit Committee recommendation. Minute 44 (of the Audit Committee meeting held on 13 December 2012) and the report of the Director for Corporate Services refer.
Additional documents:
Minutes: Councillor Wheeler (Chair of the Audit Committee) presented the midyear review of the Treasury Management Strategy 2012/13 in accordance with minute 44 of the Audit Committee. The written report of the Director for Corporate Services to the Audit Committee also referred.
The proposal was seconded by Councillor Lowry and the report was noted. |
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BUSINESS RATES RETENTION SCHEME PDF 98 KB The City Council will be asked to consider the written report of the Director for Corporate Services on the new business rates retention scheme. The NNDR1 Return will follow.
Additional documents: Minutes: Councillor Lowry (Cabinet Member for Finance) presented the recommendations in the written report of the Director for Corporate Services on the business rates retention scheme.
Councillor Jon Taylor seconded the proposals.
Councillor Lowry undertook to add a monitoring paragraph into monthly monitoring reports on business rate collection and to provide further details, including the calculation, to either the Overview and Scrutiny Management Board or the Support Services Overview and Scrutiny Panel as required.
Councillor Mrs Aspinall indicated that she had asked for Councillor Lowry to attend the Management Board and provide more detail.
Agreed to –
(Councillor Wigens having declared an interest in the above item, withdrew from the meeting) |
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MOTIONS ON NOTICE To consider motions from councillors in accordance with Part B, paragraph 14 of the constitution. Additional documents: Minutes: There were no motions on notice for the meeting. |
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QUESTIONS BY COUNCILLORS Questions to the Leader, Cabinet Members and Committee Chairs covering aspects for their areas of responsibility or concern by councillors in accordance with Part B, paragraph 12 of the constitution. Additional documents: Minutes: In accordance with paragraph 12 of the constitution, the following questions were asked of the Leader, Cabinet Members and Committee Chairs covering aspects of their areas of responsibility -
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