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

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 –

To approve and sign as a correct record the minutes of the meeting held on 1 March 2010.   

The minutes of the meeting held on 1 March 2010 were signed as a correct record.

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

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

The Lord Mayor referred to the recent death of Michael Foot, Freeman of the City of Plymouth, former politician, journalist and author, on 3 March 2010, at his home in London after a long period of ill health.

The Lord Mayor indicated that Michael Foot was born at Lipson Terrace in Plymouth, on 23 July 1913 and was educated at Plymouth College Preparatory School, later going on to read Philosophy, Politics and Economics at Oxford.

In November 1935, only a few months after joining the Labour Party, he stood as a candidate in a by-election at Monmouth and became a Member of Parliament for Plymouth Devonport  in 1945.

His father, Isaac Foot, was himself a Liberal MP for Bodmin and Lord Mayor of Plymouth.

During the Plymouth campaign, he met his future wife, Jill Craigie, who was making a film in the city about the rebuilding of heavily bombed Plymouth.  She died in 1999.  

As MP for Plymouth, he fought for cash to rebuild the blitzed centre of the city and lost his seat in Plymouth Devonport in 1951 to Joan Vickers.  However throughout his life he retained a connection with the City through his passion for Plymouth Argyle.

He rose to Deputy Leader of the Labour Party from 1976 to 1980, becoming Leader of the Party in 1980 to 1983, and remained MP for Ebbw Vale until 1992.

Members of the Council stood, in silence, for one minute as a mark of respect.

The Lord Mayor also informed the Council of the resignation of former Councillor Miller due to ill health.  

Councillor Miller was born on 23 March 1915 in Stonehouse and served as a JP for 17 years from 1968 to 1985.  He successfully stood for election in the Efford Ward in 1981, as a Labour Co-operative Councillor for Devon County Council, and was re-elected for many years. He served on Plymouth City Council from 1997 when Plymouth became a Unitary Authority and was Lord Mayor of Plymouth from 2004 – 2005. 

The Lord Mayor, on behalf of the Council, thanked Claude Miller for his outstanding service over so many years, in particular, for his services to the City Council and it was Resolved that the Council’s best wishes are sent to him.  

The Lord Mayor referred to the forthcoming City Council elections on 6 May and indicated that a number of councillors would be standing for re-election but that Councillor Purnell was standing down.  

Councillor Purnell had served on the City Council since 1995, representing the Honicknowle Ward.  She was Cabinet member for performance, personnel and best value from 2003 to 2005 and then Cabinet member for children’s services from 2005 to 2007.

The Lord Mayor, on behalf of the Council, thanked Councillor Purnell for her services to the Council and in particular for her work on children’s services.  The Council’s best wishes were also extended to her for the future.

Councillor Purnell thanked the Council for their good wishes and wished everyone well.

The Leader advised the Council that the West End scheme had been short listed for an award which recognised outstanding street scenes. She thanked all those who had been involved in the scheme, with particular reference to the Council’s highways and transportation teams, and wished everyone success for the final stage of judging.

The Leader advised the Council that Plymouth was one of six finalists for the Municipal Journal’s prestigious “Best Achieving Council of the Year Award”.  She extended sincere thanks to all staff working for the City Council and its partners, acknowledging the tremendously hard work by everyone in order to achieve this result.

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.

Questions, of no longer than 50 words, can be submitted to the Democratic Support Unit, Corporate Support Department, Plymouth City Council, Civic Centre, Plymouth, PL1 2AA, or email to democraticsupport@plymouth.gov.uk. Any questions must be received at least 5 clear working days before the date of the meeting.

The Lord Mayor indicated that there were two public questions to be considered at the meeting in accordance with paragraph 10 of the Constitution.  Mr Cook was in attendance and asked the following question, to which Councillor Bowyer responded as set out below  - 

In the absence of Mr Sharpe, the following question and response was circulated - 

Resolved that a written response is sent to Mr Sharpe.

There is no outstanding business from the last Council meeting.  

There was no business outstanding.  

Lord Mayor Selection Committee Chair: Councillor Mrs Pengelly

CMT Lead Officer: Director for Corporate Support

To receive the recommendation of the Committee, prior to the Annual Meeting, in accordance with Article 5.1.1 of the Council’s Constitution.

In accordance with Article 5.1.1 of the constitution, Councillor Mrs Pengelly submitted minute 3 of the Lord Mayor Selection Committee, prior to the Annual Meeting.   The motion was seconded by Councillor Evans. 

Following a vote, it was Resolved that the recommendation is accepted.

Councillor Mrs Aspinall (Lord Mayor designate) responded and thanked  councillors for their support.

Cabinet Member; Councillor Fry

CMT Lead Officer: Director for Development and Regeneration

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

http://www.plymouth.gov.uk/mgInternet/Published/C00000254/M00004009/AI00042503/LocalDevelopmentFrameworkAdoptionoftheCityCentreandUniversityAreaActionPlanfullversion.pdf

Councillor Fry submitted the City Centre and University Area Action Plan (Cabinet minute 152 referred) for adoption.  The motion was seconded by Councillor Ball.

Following a vote, it was Resolved that the City Centre and Area Action Plan is adopted. 

Cabinet Member: Councillor Fry

CMT Lead Officer: Director for Development and Regeneration

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

http://www.plymouth.gov.uk/mgInternet/Published/C00000254/M00004009/AI00042504/LocalDevelopmentFrameworkAdoptionofDevelopmentGuidelinesSupplementaryPlanningDocument.pdf

Councillor Fry submitted the Development Guidelines Supplementary Planning Document (Cabinet minute 153 referred) for adoption.  The motion was seconded by Councillor Lock.

Following a vote, it was Resolved that the Development Guidelines Supplementary Planning Document is adopted. 

Overview and Scrutiny Management Board Chair: Councillor James

CMT Lead Officer: Director for Corporate Support

To view the Overview and Scrutiny Management Board report and guide, please click on the following links:

http://www.plymouth.gov.uk/mgInternet/Published/C00000911/M00003691/AI00042251/$Councillorcallforactionreport.docA.ps.pdf

http://www.plymouth.gov.uk/mgInternet/Published/C00000911/M00003691/AI00042251/$Councillorcallforactionguide.docA.ps.pdf

Councillor James submitted the Councillor Call for Action toolkit (Overview and Scrutiny Management Board minute 105 referred) for approval.  The motion was seconded by Councillor Mrs Watkins.

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

For the motion (35)

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

Against the motion (17)

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

Abstentions (1)

Councillor Vincent

Absent (2)

Councillors King and Martin Leaves

The Lord Mayor did not vote.

The Lord Mayor declared the motion carried and it was Resolved that the Councillor Call for Action toolkit is approved and included in the Council’s Constitution.

Standards Committee: Councillor Mrs  Stephens

CMT Lead Officer: Assistant Director for Democracy and Governance  

Councillor Dr Mahony submitted the terms of reference of the Standards Hearing Sub-Committee (Standards Committee minute 14 referred) for adoption.  The motion was seconded by Councillor Mrs Stephens.

Councillor Evans subsequently moved the following amendment –

It was proposed, seconded and agreed that the meeting was adjourned in order to give members and officers an opportunity to consider the amendment.

Following the adjournment, the Chief Executive advised the Council that there was a potential issue relating to the proposed ratio of elected members in the amendment and recommended that the Council defer consideration of the item to enable officers to give further consideration to the issue.

The Chief Executive also reminded all members that he and his officers were always available to discuss any proposals or amendments, in advance of Council meetings.

Councillor Dr Mahony, subsequently withdrew his original motion and proposed that the matter was deferred for cross party discussion.  This motion was seconded by Councillor Mrs Stephens.

Councillor Evans requested that formal legal advice was circulated, in writing, in advance of the cross party discussions.

Resolved that consideration of the proposed terms of reference of the Standards Hearing Sub-Committee (Standards Committee minute 14 refers) is deferred, pending cross party discussion, following written legal advice.

Audit Committee Chair: Councillor Sam Leaves

CMT Lead Officer: Director for Corporate Support

To view the Audit Committee report, please click on the following links:

http://www.plymouth.gov.uk/mgInternet/mgConvert2PDF.aspx?ID=23193

http://www.plymouth.gov.uk/mgInternet/mgConvert2PDF.aspx?ID=23194

http://www.plymouth.gov.uk/mgInternet/mgConvert2PDF.aspx?ID=23194

http://www.plymouth.gov.uk/mgInternet/mgConvert2PDF.aspx?ID=23196

Councillor Sam Leaves submitted the updated Financial Regulations for approval (Audit Committee minute 54, as amended by the decision by the Director for Corporate Support, referred).  The motion was seconded by Councillor Stark.

Following a vote, it was Resolved that the updated Financial Regulations are approved.

The Lord Mayor indicated that there were three motions on notice and with the agreement of Council, indicated that the motion on the incinerator proposal for Plymouth would be considered first.

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

Councillor Gordon proposed, and Councillor Bowie seconded, the following motion -

Following a debate and a request by 10 Members for a recorded vote, there voted –

For the motion (18)

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

Against the motion (32)

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

Abstentions (0)

Absent (5)

CouncillorsMrs Beer, Berrow, Mrs Bragg, King and Martin Leaves

The Lord Mayor did not vote.

The Lord Mayor declared the motion lost.

Councillor Evans subsequently requested a transcript of the debate on this item. 

Councillor Evans proposed and Councillor Wildy seconded the following motion -

Following a debate, the motion was put to the vote and declared lost.

(Councillor Kerswell declared a personal interest in the above item and withdrew from the meeting)

(Councillors Mrs Aspinall, Browne and Roberts declared personal interests in the above item).

Councillor Evans proposed, and Councillor Stevens seconded, the following motion -

Councillor Fry subsequently moved the following amendment –

The amendment was seconded by Councillor Ball and subsequently accepted by Councillor Evans.

The motion, as amended, was put to the vote and the Lord Mayor declared the motion, as amended, carried.

(Councillors Dann, M Foster, Lowry and Smith declared personal interests in the above item and withdrew from the meeting).

Councillor Nicholson declared a personal and prejudicial interest in the above item).

Cabinet Member: Councillor Bowyer

CMT Lead Officer: Assistant Director for Democracy and Governance

To approve the minutes of the Area Committees as a correct record.

Before the item was considered, the Lord Mayor reminded the Council that the minutes of the Area Committees were before Members for confirmation as a correct record only and matters referred to in the minutes were not open for discussion. 

Councillor Bowyer submitted the final minutes of the Area Committees for approval as a correct record as follows -

Councillor Mrs Dolan seconded the motion.

Councillor Wildy referred to the minutes of the Devonport, Stoke and St Peter and the Waterfront Area Committee, and proposed the following amendments –

Councillor Mrs Dolan, Chair of the Devonport, Stoke and St Peter and the Waterfront Area Committee, indicated that she agreed with Councillor Wildy’s proposal.   

Councillor Dr Salter referred to the minutes of the Plympton Area Committee, and proposed the following amendment –

Councillor Nicholson, Chair of the Plympton Area Committee, indicated that he agreed with the proposal.  

Following a vote, it was Resolved that the proposed amendments were agreed and the minutes of the Area Committees, as listed above and amended, were approved as a correct record.

At the conclusion of the item, Councillor Wildy indicated that she had received correspondence about street naming and numbering proposals, indicating that comments would be submitted to the next Area Committee, and asked that officers were advised of the revised arrangements as soon as possible.

Cabinet Member: Councillor Bowyer

CMT Lead Officer: Assistant Director for Democracy and Governance

Councillor Bowyer submitted the recommendations in the report of the Assistant Director for Democracy and Governance proposing the deletion of the Housing Tenancies Appeals Committee.

The proposal was seconded by Councillor Brookshaw.

Following a vote, it was Resolved that the Housing Tenancies Appeals Committee is deleted.

Cabinet Member: Councillor Bowyer

CMT Lead Officer: Assistant Director for Democracy and Governance

Councillor Bowyer submitted the draft programme of meetings for the City Council and Committees 2010/2011 for approval subject to the amendments set out in the appendix circulated and the deletion of the Licensing Sub (Miscellaneous) on 3 May 2010.

The proposal was seconded by Councillor Fry.

Following a vote, it was Resolved that the programme of meetings for the City Council and Committees 2010/2011 was approved, as amended.   

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;

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 -

With regard to question (4) above, Councillor Mrs Dolan undertook to pursue the responses.

With regard to question (7) above, Councillor Fry undertook to ask officers to respond.

The Leader will introduce the Forward Plan.

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

The Leader introduced the Forward Plan.

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

The Leader undertook to review the format of and public accessibility to the Forward Plan, in consultation with the opposition party.

The Lord Mayor thanked Council members for their co-operation during the municipal year and also thanked officers for their help and advice.