Agenda and minutes

Venue: COUNCIL HOUSE, PLYMOUTH (next to the Civic Centre)

Contact: Nicola Kirby, Senior Democratic Support Officer (Cabinet)  Email: nicola.kirby@plymouth.gov.uk

Items
No. Item

78.

DECLARATIONS OF INTEREST

Members will be asked to make declarations of interest in respect of items on this agenda.

Minutes:

The following declarations of interest were made in accordance with the Code of Conduct from Members in relation to items under consideration at this meeting –

  

Name

Item

Interest

Reason

CouncillorMrs Beer

 

Motion on Notice no. 7 (Police Community Support Officers) Minute 90 refers

Employed by Devon and Cornwall Police

Personal and prejudicial

CouncillorBrookshaw

 

Motion on Notice no. 7 (Police Community Support Officers) Minute 90 refers

Relative employed by Devon and Cornwall Police

Personal and prejudicial

Councillor Coker

 

Members’ Allowance Scheme, minute 84 and Motion on Notice no. 6 (Members’ Allowance Scheme) Minute 91 refers

Member of Overview and Scrutiny Management Board

Personal

Councillor Martin Leaves

 

Motion on Notice no. 9 (Redundancies at Plymouth CityBus) Minute 93 refers

Relative employed by Plymouth CityBus

Personal and prejudicial

Councillor Michael Leaves

 

Motion on Notice no. 9 (Redundancies at Plymouth CityBus) Minute 93 refers

Relative employed by Plymouth CityBus

Personal and prejudicial

Councillor Samantha Leaves

 

Motion on Notice no. 9 (Redundancies at Plymouth CityBus) Minute 93 refers

Relative employed by Plymouth CityBus

Personal and prejudicial

CouncillorMrs Pengelly

 

Motion on Notice no. 7 (Police Community Support Officers)

Minute 90 refers

Member of the Police Authority

Personal and prejudicial

CouncillorMrs Pengelly

Motion on Notice no. 8 (West End Scheme:  Highway and pavement works) Minute 92 refers

Director of City Centre Company

Personal and prejudicial

Councillor Roberts

 

Members’ Allowance Scheme, minute 84 and Motion on Notice no. 6 (Members’ Allowance Scheme) Minute 91 refers

Member of Overview and Scrutiny Management Board

Personal

Councillor Stevens

 

Motion on Notice no. 7 (Police Community Support Officers) Minute 90 refers

 

Employed by Devon and Cornwall Police

Personal and prejudicial

Councillor Thompson

 

Members’ Allowance Scheme, minute 84 and Motion on Notice no. 6 (Members’ Allowance Scheme) Minute 91 refers

Member of Overview and Scrutiny Management Board

Personal

Councillor Vincent

 

Motion on Notice no. 9 (Redundancies at Plymouth CityBus) Minute 93 refers

Employed by Plymouth CityBus.

Personal and prejudicial

CouncillrViney

 

Motion on Notice no. 7 (Police Community Support Officers) Minute 90 refers

Relative employed by Devon and Cornwall Police

Personal and prejudicial

CouncillorWildy

 

Members’ Allowance Scheme, minute 84 and Motion on Notice no. 6 (Members’ Allowance Scheme) Minute 91 refers

Member of Overview and Scrutiny Management Board

Personal

 

79.

MINUTES pdf icon PDF 57 KB

To approve and sign as a correct record the minutes of the meetings held on 12 October (as amended) and 30 November 2009.  

Additional documents:

Minutes:

The minutes of the meeting held on 12 October (as amended) and 30 November 2009 were signed as a correct record.

ANNOUNCEMENTS

80.

The Lord Mayor

(a)       To receive announcements from the Lord Mayor or the Chief Executive;

 

(b)       To receive announcements from the Leader, Cabinet Members or Committee Chairs.

Minutes:

Former Councillor Ivy Rosevear and Margaret Savery

 

(i)         The Lord Mayor referred to the death of the former Councillor Ivy Rosevear, before Christmas.  She represented the St Budeaux ward on the City Council from 1978 to 1987 and served on the Housing, Local Economy, Policy and Resources, General Purposes, Publicity and Tourism, Twinning, Leisure Services and Local Youth and Community Services Committees. 

 

(ii)        The Lord Mayor referred to the recent death of Margaret Savery on 19 January 2010.  She supported her husband, Freeman Savery, as the Lady Mayoress during his year as Lord Mayor in 1999 to 2000.

 

Councillors stood in silence for one minute as a mark of respect.

 

81.

Chief Executive

Minutes:

Appointments to committees, outside bodies, etc.

 

Resolved that –

 

(1)       the following appointments are confirmed -

 

 

Committee

 

Membership / change

Appointment

1

Lord Mayor’s Selection Committee

 

6 Councillors

(3 Conservative and 3 Labour Members)

CouncillorsMrs Bowyer, Evans, M Foster, Gordon, Mrs Pengelly and Vincent

2

Standards Committee

Independent Members

Miss Corinne Farrell and Mr Roy Campbell

3

Licensing Miscellaneous Committee

Resignation of Councillor Roberts

Councillor Mike Foster

 

 

Organisation

 

No. of Members / change

Term of Office

Appointments / Nominations

4

ElizeHele and John Lanyon Foundation

Resignation of Councillor Ricketts

 

Fixed term of office 3 years to May 2012

Councillor Dr Mahony

5

Plymouth Community Homes Board

4 Councillors

Continuing until such time as the Member resigns or is replaced by Council

Councillors  Dann and McDonald Thompson and, Mrs Watkins

6

Tamar Science Park

New Director

Continuing until such time as the officer resigns or is replaced by Council

David Draffan, Assisant Director for Economic Development

7

Plymouth Charity Trust

One vacancy following appointment of Heather Binley as co-opted trustee

Fixed term for 4 years

Not to be filled until further notice.

 

(2)       the following changes of committee membership notified to the Monitoring Officer, are noted -

 

 

Committee

Change of Membership

 

8

Planning Committee

Councillor Thompson to replace Councillor Martin Leaves

9

Customers and Communities Overview and Scrutiny Panel

CouncillorDelbridge to replace Councillor Roberts

10

Hackney Carriage

CouncillorMrs Nicholson to replace Councillor Thompson

 

82.

The Leader

Minutes:

The Leader gave an update on the recent fire at Holy Cross Primary School and paid tribute to the local community who had contributed a lot of help and also to staff who had spent the weekend painting the classrooms to enable the school to be reopened.  The Leader, on behalf of the Council, thanked everyone who made it possible for the school to carry on as normal during this difficult period.

83.

QUESTIONS BY THE PUBLIC

To receive questions from and provide answers to the public in relation to matters which, in the opinion of the Lord Mayor, are relevant to the business of the meeting in accordance with paragraph 10 of the Constitution.

Minutes:

In accordance with paragraph 10 of the constitution, the following question was submitted by a member of the public –

 

Question No

 

Question By

Cabinet Member

Subject

12 09/10

Mr Sharpe

 

Councillor Jordan, Cabinet Member for Leisure, Culture and Sport

 

Plymouth Athenaeum Theatre

Please could Plymouth residents be given an up date on how Plymouth City Council is proceeding with a representative of the theatre trust regarding the closed Plymouth Athenaeum Theatre, and when will the Plymouth Public be allowed their say?

 

Response:

 

The Arts Unit has worked with the Theatre Forum Member to devise a brief for a piece of work which will result in an audit of the performing stages in Plymouth, and a resource for Theatre Companies, Amateur and Dramatic, Touring and Local.  This work is due to start in March.

 

The City Council will provide what assistance it can in enabling the Theatre Forum to identify other venues to meet its needs.  The Plymouth public can, as always, express their views direct to the Theatre Forum or to the City Council through the normal channels.

 

 

Resolved that in the absence of the questioner, a written response be sent to him.

84.

MEMBERS' ALLOWANCE SCHEME pdf icon PDF 196 KB

Members will consider the report of the Director for Corporate Support on the Members’ Allowance Scheme and Paul Woods, Chair of the Independent Remuneration Panel will present the report of the Independent Remuneration Panel.

 

 

Minutes:

Paul Woods, Chair of the Independent Remuneration Panel presented the report and recommendations of the Independent Remuneration Panel.

 

The Leader moved the recommendations of the panel for approval and the motion was seconded by Councillor Bowyer.

 

The Lord Mayor declared the motion carried and it was Resolved that the recommendations are approved as follows -

 

(1)       the special responsibility allowance for the members of the Overview and Scrutiny Management Board is Band 4 (currently £5,072.64) increased annually by the adjustment method recommended in the 2008 report;

 

(2)       it is noted that the special responsibility allowance for each chair of the Overview and Scrutiny Panel remains at Band 3 (currently £10,145.28);

 

(3)       a review of the role of the co-opted member of an Overview and Scrutiny Management Board is undertaken, within a period of twelve months from the consideration of this report by full council, in order to assess whether an allowance would be appropriate;

 

(4)       the special responsibility allowance relating to members of the Overview and Scrutiny Management Board is backdated to 6 July 2009;

 

(5)       co-opted members are entitled to claim childcare and dependent carer’s allowances (against receipts) when they are on approved council business;

 

(6)       attendance at Member learning and development events is included in the list of approved duties;

 

(7)       the level of allowance appropriate for the independent chair of the Standards Committee is reviewed in summer 2010;

 

(8)       the City Council undertakes the notification process relating to the Data Protection Act 1998, on behalf of each councillor, to the Information Commissioner;

 

(9)       for the purposes of clarity, information about Members’ notification with the Information Commissioner is included within the Members’ Allowances Scheme;

 

(10)     the Members’ IT options in section 7.3 of the report are noted;

 

(11)     for the purposes of clarity, the IT information is included within the Members’ Allowances Scheme;

 

(12)     the process for recruiting a fourth member of the Panel begins following the consideration of this meeting of the City Council;

 

(13)     the Panel recommends that it convenes at the appropriate times (as identified in this report) in order to review the allowances of the independent chair of the Standards Committee and the co-opted member of the Overview and Scrutiny Management Board, as well as any other miscellaneous issues as required.

 

(Councillors Coker, Roberts, Thompson and Wildy declared a personal interest in the above item).

85.

TO DEAL WITH ANY BUSINESS FROM THE LAST COUNCIL MEETING, IF ANY

There is no business from the last meeting.

Minutes:

There were no items of business outstanding for this meeting.

ITEMS REFERRED FROM CABINET AND OVERVIEW AND SCRUTINY MANAGEMENT BOARD

86.

Council Tax Base Setting pdf icon PDF 16 KB

Cabinet minute 100 refers.

 

Cabinet Member: Councillor Bowyer

CMT Lead Officer: Director for Corporate Support

 

To view the Cabinet report, click on the following link:

http://www.plymouth.gov.uk/mgInternet/Published/C00000254/M00003626/AI00040439/$CouncilTaxFinalTaxBaseReportasat30thNov2009.docA.ps.pdf

Minutes:

Councilllor Bowyer submitted the recommendation from Cabinet minute 100 for approval and the proposal was seconded by Councillor Michael Leaves.

 

Following a vote being taken, the motion was declared carried it was Resolved that the recommendation in Cabinet minute 100 is approved as follows –

 

to approve the Council Tax Base for Tax Setting for 2010/11 as 76,899 Band D equivalents, which is the tax base after allowing for an estimated collection rate of 98.5%.

87.

Locality Working pdf icon PDF 27 KB

Cabinet minute 113 refers.

 

Cabinet Member: Councillor Brookshaw

CMT Lead Officer: Director for Community Services

 

To view the Scrutiny report and the Cabinet report and document, click on the following links:

http://www.plymouth.gov.uk/mgInternet/Published/C00000254/M00003627/AI00040864/LocalitiesWorkingScrutinyReport.pdf

 

http://www.plymouth.gov.uk/mgInternet/Published/C00000254/M00003627/AI00040857/LocalityWorking2.pdf

 

 

 

Minutes:

CouncillorBrookshaw submitted the recommendations of Cabinet minute 113 for approval and the proposal was seconded by Councillor Fox.

 

An amendment was subsequently moved by Councillor Wildy and seconded by Councillor Evans as set out below –

 

Under recommendations

 

1.         add after the introduction of the words ‘a pilot’ for locality working according to the model proposed and insert under first bullet point ‘in Plymstock’;

 

Delete bullet points numbers 1 – 4

 

2.         after discontinued insert ‘in the pilot area’;

 

3.         delete all and insert ‘agrees to request the Director of Community Services to present options for each locality based on detailed negotiations with relevant councilors, partners, members of the community, faith groups and third sector organisations taking into account feedback from consultation and community engagement and disaggregated data at neighbourhood level on city-wide priorities together with detailed budgets for each locality’;

 

4.         delete after Task and Finish Group ‘be established 12 months after implementation to formally review progress’ and insert ‘to monitor the pilot and other neighbourhood management initiatives, eg.  Devonport with a view to making recommendations for roll-out across the city within the next 12 months’.

 

Following a request by 10 Members for a recorded vote on the amendment, there voted –

 

For the motion (16)

 

CouncillorsMrs Aspinall, Bowie, Coker, Dann, Evans, Gordon, Lowry, McDonald, Nelder, Purnell, Rennie, Stevens, Tuohy, Vincent, Wheeler and Wildy.

 

Against the motion (36)

 

Councillors Ball, Mrs Beer, Berrow, Bowyer, Bragg, Brookshaw, Browne, Delbridge, Mrs Dolan, Drean, Michael Foster, Fox, Fry, James, Jordan, Kerswell, King, Martin Leaves, Michael Leaves, Sam Leaves, Lock, Monahan, Mrs Nicholson, Nicholson, Mrs Pengelly, Reynolds, Ricketts, Roberts, Dr Salter, Stark, Mrs Stephens, Thompson, Viney, Mrs Watkins and Wigens.

 

 

Abstentions (0)

 

Absent (4)

 

CouncillorsMrs W Foster, Dr Mahony, Miller and Smith

 

The Lord Mayor did not vote.

 

The Lord Mayor declared the amendment not carried.

 

During the debate on the substantive motion, the Leader offered to meet with members of the opposition group to further explore and clarify issues as necessary.

 

The Portfolio Holder advised the Council that this was a working document and it would be reviewed in 12 months time via scrutiny.

 

Following a vote, the motion was declared carried and it was Resolved that the recommendations are approved as follows –

 

(1)

 

the introduction of locality working is supported according to the model proposed, in particular:

 

 

?

by appointing a lead councillor for each neighbourhood with responsibility for raising community priorities relevant to Locality working and agreeing solutions with Locality Service Coordination Teams (LSCT). The work of the LSCTs being guided by these priorities plus any strategic priority identified by the LSP Executive;

 

 

?

wherever possible, the lead ward councillor for each Neighbourhood to be allocated by agreement amongst the party with the majority amongst those councillors with wards which cover the Neighbourhood. Where necessary, Party Leaders and Independent councillors to be involved to reach agreement on  ...  view the full minutes text for item 87.

88.

Tamar Bridge and Torpoint Ferry Joint Committee: Revenue Estimates and Capital Programme pdf icon PDF 19 KB

Tamar Bridge and Torpoint Ferry Joint Committee minute 24 refers.

 

Joint Chair: Councillor Ball

CMT Lead Officer: Director for Development and Regeneration

 

To view the Tamar Bridge and Torpoint Ferry Joint Committee report and document, click on the following links:

http://democracy.cornwall.gov.uk/Published/C00000620/M00001781/AI00013316/$RevenueEstimatesCapitalProgramme20102011.docA.ps.pdf

 

http://democracy.cornwall.gov.uk/Published/C00000620/M00001781/AI00013316/RevenueEstimatesCapitalProgramme20102011Appendices.pdf

 

 

Minutes:

Councillor Ball submitted the recommendations of the Tamar Bridge and Torpoint Ferry Joint Committee minute 24 for approval and the proposal was seconded by Councillor Viney.

 

Following a vote being taken, the motion was declared carried and it was Resolved that the recommendations are approved as follows –

 

(1)       the proposed revenue budget for 2010/2011 as set out in appendix 1 of the report be approved;

 

(2)       the proposed capital programme as set out in Appendix 2 of the report, be approved, including provisional approval of the bridge office development subject to a satisfactory business case;

 

(3)       the longer term revenue forecast to 2012/2013 be noted.

89.

Mount Edgcumbe Joint Committee - Budget Monitoring 2009/10 pdf icon PDF 26 KB

Mount Edgcumbe Joint Committee minute 18 refers.

 

Joint Chair: Councillor Reynolds

CMT Lead Officer: Director for Community Services

 

To view the Mount Edgcumbe Joint Committee report and appendix, click on the following links:

http://www.plymouth.gov.uk/mgInternet/Published/C00000261/M00003632/AI00040252/$FinancialUpdate412090910monitoring2.DOCA.ps.pdf

 

http://www.plymouth.gov.uk/mgInternet/Published/C00000261/M00003632/AI00040252/MtEmonitorappend.pdf

 

Minutes:

This item is withdrawn pending further discussions with Cornwall Council regarding the facilities business plan and confirmation of funding.

MOTIONS OF NOTICE

90.

No 7 09/10: Police Community Support Officers pdf icon PDF 10 KB

To consider a motion from Members in accordance with paragraph 13 of the Constitution.

Minutes:

In accordance with the Rules of Procedure, the following motion (No 7 09/10) was moved by Councillor Mrs Aspinall and seconded by Councillor Evans -

 

Plymouth City Council opposes any measure which would reduce, or threaten to reduce the number of Police Community Support Officers in Plymouth.

 

An amendment was subsequently moved by Councillor Bowyer and seconded by Councillor Lock as set out below -

 

            Add the words ‘or full time Police Officers’ so the motion reads

 

‘Plymouth City Council opposes any measure which would reduce, or threaten to reduce the number of Police Community Support Officers or full time Police Officers in Plymouth”

 

Following a vote, the amendment was declared carried.

 

A further amendment was subsequently moved by Councillor Evans and seconded by Councillor Wildy as set out below -

 

To insert the word ‘equivalent’ before ‘full time officers’.

 

With the consent of Council, Councillor Bowyer accepted the further amendment so that the amended motion read -

 

‘Plymouth City Council opposes any measure which would reduce, or threaten to reduce the number of Police Community Support Officers or full time equivalent Police Officers in Plymouth”

 

The motion, as amended, was put to the vote and declared carried and it was Resolved accordingly.

 

(Councillors Mrs Beer, Brookshaw, Mrs Pengelly, Stevens and Viney having declared a personal and prejudicial interest in the above, withdrew from the meeting).

Further Motions on Notice

91.

No 6 09/10: Members' Allowance Scheme

Minutes:

In accordance with the Rules of Procedure, the following motion (No 6 09/10) was moved by Councillor Mrs Pengelly and seconded by Councillor Fry –

 

Members’ basic and special responsibility allowances are adjusted annually (by the same percentage as the local government pay award).  This takes effect from 1 April each year.

 

In view of the current economic climate and the need to ensure that the council gives value for money, we believe that councilors should show restraint and set an example as leading members of our local communities.

 

We therefore recommend that all members’ allowances are kept at the existing level for the 2010/2011 financial year.

 

Following a vote, the motion was declared carried and it was Resolved accordingly.

 

(Councillors Coker, Roberts, Thompson and Wildy declared a personal interest in the above item).

92.

No 8 09/10: West End Scheme: Highway and pavement works

Minutes:

In accordance with the Rules of Procedure, the following motion (No 8 09/10) was moved by Councillor Stevens and seconded by Councillor McDonald –

 

Plymouth City Council notes the controversy surrounding the change arising for the ‘Awakening the West End’ scheme to the highway and pavements in New George Street, Market Way and Cornwall Street.

 

In light of the accidents reported, and the lack of consultation, the issue is referred to the appropriate body for urgent consideration to formulate a programme of affordable remedial action.

 

Following a vote, the motion was declared lost.

 

(Councillor Mrs Pengelly having declared a personal and prejudicial interest in the above item, withdrew from the meeting).

93.

No 9 09/10: Redundancies at Plymouth CityBus

Minutes:

In accordance with the Rules of Procedure, the following motion (No 9 09/10) was moved by Councillor Wheeler and seconded by Councillor Evans -

 

Council notes that since the sale of CityBus to Go Ahead on 30 November 2009, there has been a report of 14 redundancies at Milehouse.  Council resolves to arrange a meeting with Go Ahead to seek re-assurance that these redundancies are compatible with the promise to maintain service given by the Leader of the Council at the time of sale.

 

Following a vote, the motion was declared lost.

 

(Councillors Martin Leaves, Michael Leaves, Sam Leaves and Vincent having declared a personal and prejudicial interest in the above item, withdrew from the meeting).

94.

TO CONSIDER ANY OTHER BUSINESS SPECIFIED IN THE SUMMONS TO THE MEETING, OR MATTERS TAKEN AS A MATTER OF URGENCY BY THE PERSON PRESIDING INCLUDING CONSIDERATION OF PROPOSALS FROM THE CABINET IN RELATION TO THE COUNCIL'S BUDGET AND POLICY FRAMEWORK AND REPORTS OF THE SCRUTINY COMMITTEES FOR DEBATE

Minutes:

There were no items to consider.

95.

General Questions

Questions to the Leader, Cabinet Members and Committee Chairs covering aspects for their areas of responsibility or concern by Members in accordance with paragraph 12 of the Constitution;

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 -

 

 

From

To

Subject

1

Councillor Evans

Councillor Fry

South West Regional Development Agency and regeneration projects.

 

2

CouncillorPurnell

Councillor Monahan

Increased number of looked after children.

 

3

CouncillorPurnell

Councillor Ricketts

CareFirst System.

 

4

CouncillorPurnell

Councillors Ricketts and Bowyer

Committee meeting clashes.

 

4

Councillor Stevens

CouncillorMrs Pengelly

Community consultation with the Muslim community

 

5

Councillor Wheeler

Councillor Monahan

Early years provision in Barne Barton.

 

6

Councillor Evans

CouncillorWigens

Taxi bus system and counting devices.

 

7

Councillor McDonald

CouncillorBrookshaw

Evening and Night Time Economy Manager.

 

8

Councillor Vincent

CouncillorWigens

Rise in children being killed or seriously injured on Plymouth roads.

 

 

96.

Forward Plan pdf icon PDF 159 KB

The Leader will introduce the Forward Plan as now submitted.

 

Members may ask questions specific to the Forward Plan of the Leader/Cabinet Members.

Minutes:

The Leader introduced the Forward Plan and advised the Council that the Forward Plan item on Information, Advice and Guidance Service for Young People (FP 40) had been withdrawn due to recent publication on national policy guidance which impacts on this service; this item would be amended and re-submitted later in February.

 

Questions were asked of the Leader and Cabinet Members as follows –

 

 

From

To

Subject

1

 Councillor Wildy

 

Councillor Fry

Plymouth Local Investment Plan.

2

CouncillorWildy

 

Councillor Fry

Growth Agenda:  Governance Arrangements.

3

Councillor Evans

 

Councillor Bowyer

Appointment of a Supplier for the Provision of Advertising Services.

 

97.

EXEMPT BUSINESS

To consider passing a resolution under Section 100A(4) of the Local Government Act 1972 to exclude the press and public from the meeting for the following item(s) of business on the grounds that it (they) involve(s) the likely disclosure of exempt information as defined in paragraph(s) of Part 1 of Schedule 12A of the Act, as amended by the Freedom of Information Act 2000.  

Minutes:

There were no items of exempt business.