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

52.

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 in relation to items under discussion at this meeting –

 

Name

Minute No. and Subject

Reason

Interest

Councillor Bowie

53 – Housing Stock Transfer

Leases Council Garage

Personal

Councillor Dann

53 – Housing Stock Transfer

Member of Plymouth Community Homes Board

Prejudicial

Councillor Jordan

53 – Housing Stock Transfer

Owns a former Council Property

Personal

Councillor Kerswell

53 – Housing Stock Transfer

Council Tenant

Personal

Councillor McDonald

53 – Housing Stock Transfer

Member of Plymouth Community Homes Board

Prejudicial

Councillor Rennie

53 – Housing Stock Transfer

Council Tenant

Personal

Councillor Roberts

53 – Housing Stock Transfer

Owns a former Council Property

Personal

Councillor Thompson

53 – Housing Stock Transfer

Member of Plymouth Community Homes Board

Prejudicial

Councillor Tuohy

53 – Housing Stock Transfer

Council Tenant

Personal

Councillor Vincent

53 – Housing Stock Transfer

Owns a former Council Property

Personal

Councillor Mrs Watkins

53 – Housing Stock Transfer

Member of Plymouth Community Homes Board

Prejudicial

Councillor Mrs. Dolan

54 – Motion on Notice No. 4 09/10 (Plymouth Citybus Shareholding)

Director of Plymouth Citybus Limited

Prejudicial

Councillor Drean

54 – Motion on Notice No. 4 09/10 (Plymouth Citybus Shareholding)

Director of Plymouth Citybus Limited

Prejudicial

Councillor M. Foster

54 – Motion on Notice No. 4 09/10 (Plymouth Citybus Shareholding)

Director of Plymouth Citybus Limited

Prejudicial

Councillor Martin Leaves

54 – Motion on Notice No. 4 09/10 (Plymouth Citybus Shareholding)

 

Relative employed by Plymouth Citybus Limited

Prejudicial

Councillor Michael Leaves

54 – Motion on Notice No. 4 09/10 (Plymouth Citybus Shareholding)

Relative employed by Plymouth Citybus Limited

Prejudicial

Councillor Sam Leaves

54 – Motion on Notice No. 4 09/10 (Plymouth Citybus Shareholding)

Relative employed by Plymouth Citybus Limited

Prejudicial

Councillor Stark

54 – Motion on Notice No. 4 09/10 (Plymouth Citybus Shareholding)

Director of Plymouth Citybus Limited

Prejudicial

Councillor Vincent

54 – Motion on Notice No. 4 09/10 (Plymouth Citybus Shareholding)

Employee of Plymouth Citybus Limited

Prejudicial

Councillor Viney

54 – Motion on Notice No. 4 09/10 (Plymouth Citybus Shareholding)

Director of Plymouth Citybus Limited

Prejudicial

 

53.

HOUSING STOCK TRANSFER pdf icon PDF 891 KB

Cabinet Members: Councillors Bowyer and Brookshaw

CMT Lead Officer: Director for Corporate Support

Minutes:

The Lord Mayor called on the Head of Legal Services to highlight alterations which had been made to the report’s recommendations since its publication.  The Head of Legal Services reported that minor amendments had been made to recommendations 1) and 4) and these amendments were as set out within the meeting’s Order of Proceedings.

 

Councillor Brookshaw submitted the recommendations contained in the report, as amended, for approval and the proposal was seconded by Councillor Bowyer.

 

Councillor Wildy, having been seconded by Councillor Smith, proposed an amendment in respect of recommendation 3) to include an additional recommendation 3a) –

 

the funding gap of £3m has been noted and that concrete and specific assurances are hereby given that no elected member of this Council will be subject to penalties regarding the above-mentioned £3m funding gap”.

 

In order to consult and seek further advice on the proposed amendment, the Head of Legal Services requested an adjournment.

 

The meeting adjourned at 5.20 pm and reconvened at 5.45 pm.

 

The Chief Executive stated he understood the amendment had been proposed because Members had concerns about personal liability.  He therefore confirmed the advice previously provided by Anne Adamthwaite of Anthony Collins Solicitors and the Head of Legal Services that, if Members had acted in good faith, and in accordance with advice from officers, there was no risk of personal liability.

 

Having regard to the advice given by Council Officers and Anthony Collins Solicitors, Councillor Wildy withdrew her proposed amendment.

 

Resolved that –

 

(1)

 

having regard to the advice of the Chief Executive in an e-mail earlier today, the transfer of the Council’s housing stock to Plymouth Community Homes currently scheduled to take place on 16 November 2009 under the terms of the transfer contract and associated documentation be approved, subject to the Council obtaining all necessary consent and final agreement on terms;

 

(2)

 

officers seek Secretary of State’s consent to the disposal and transfer;

 

(3)

 

the Director for Corporate Support continues to exercise his delegated authority, in consultation with the Corporate Impact Project Board, to continue to negotiate and resolve matters outstanding;

 

(4)

 

the final transfer contract would be signed by the Leader and the Chair of Plymouth Community Homes on 13 November 2009 but completion would take place on or around 16 November 2009 be noted;

 

(5)

 

officers’ continued work to address the revenue/capital funding issue described within the report be noted.

 

(Councillors Dann, McDonald, Thompson and Mrs. Watkins, having declared prejudicial interests in respect of the above item, withdrew from the meeting).

 

(Councillors Bowie, Jordan, Kerswell, Rennie, Roberts, Tuohy and Vincent declared personal interests in respect of the above item).

54.

MOTION ON NOTICE (PLYMOUTH CITYBUS SHAREHOLDING) pdf icon PDF 3 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. 4 09/10) was moved by Councillor Stevens and seconded by Councillor Lowry –

 

Plymouth City Council notes the willingness of Councillor Ian Bowyer to disclose Cabinet plans for money realised from the sale of the Plymouth Citybus shareholding in The Herald of 30 September 2009 and the comments of Mr John Preece in the Herald of 1 October 2009.

 

Recalling the Leader of Plymouth City Council's commitment to a full and open debate on the future of Plymouth Citybus, officers are instructed to issue immediately a full report giving the up to date status of the valuation and bidding process, including decisions on all bids received, the reasoning behind the decisions, as well as full details of the Cabinet's plans for any profit realised as outlined by Councillor Bowyer in the media.

 

We believe it to be grossly discourteous for developments to be highlighted via the media alone, and call on Councillor Bowyer to apologise to all concerned.

 

Following a vote, the motion was declared lost.

 

(Councillors Mrs. Dolan, Drean, M. Foster, Martin Leaves, Michael Leaves, Sam Leaves, Stark, Vincent and Viney, having declared prejudicial interests in respect of the above item, withdrew from the meeting).

 

(Councillor James, having been proposed by Councillor Stevens and seconded by Councillor Lowry, was appointed Vice-Chair for the above item).

55.

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.