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

In accordance with the Code of Conduct, the following declarations of interest were made in relation to items at this meeting –

To approve and sign as a correct record the minutes of the meeting held on 11 October 2010.   

Agreed that the minutes of the meeting, held on 11 October 2010, are confirmed 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 late Graham Horler

The Lord Mayor referred to the recent death of Graham Horler, a former councillor from 2000 to 2003.

Agreed that the Council’s condolences are sent to his wife.

The late Councillor David Viney  

The Lord Mayor reported, with great sadness, the recent death of Councillor David Viney and referred to his funeral on Tuesday 7 December 2010, at 11.30 am at St Andrew’s Minster Church.

A former Lord Mayor, Deputy Lord Mayor and councillor, David Viney died suddenly on 26 November 2010, aged 75, following a heart attack. 

David was born in Pontypridd, Wales, and later moved to Tiverton where he met his wife, Pauline.  They later moved to Plymouth where David worked for Norwich Union.  He was a family man with two sons and three grandsons.

He joined the Council in 1976 as a ward representative for the Dunstone Ward, and remained a councillor with only a two year break, between 1995 and 1997.  In July 1995 he was awarded the honour of Honorary Alderman.  He was re-elected to the Council in 1997 and was Deputy Lord Mayor for the year 1993/94 and Lord Mayor for 2001/02.   David was also a member of the National Joint Council for Manual Workers, working nationally.  During his service on the Council, he sat on most of the committees.  Notably, he was chair of the Personnel Committee, Environmental Services Committee, Sustainable Communities Overview and Scrutiny Panel, Growth and Prosperity Overview and Scrutiny Panel and Plymouth CityBus.  Following the adoption of executive arrangements, he was Portfolio Holder for Transport, Housing and Related Regeneration from 2002 - 2003.  David was currently serving on the Health and Adult Social Care Overview and Scrutiny Panel, Devon and Somerset Fire and Rescue Authority, Morley Centre Management Committee and Mount Batten Sailing and Water Sports Centre Board of Directors.

The Lord Mayor also referred to the assistance he had given to her about the role of Lord Mayor.

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

Devonport Park - Plymouth Environmental Volunteer group of the year runner up cup, Community Project of the Year through the Association of Project Management and the Creating Excellence Award

Councillor Michael Leaves reported that the Devonport Park Friends group had worked with the Council during the last five years and had helped the Council to secure Heritage Lottery Funds to restore the park.  They had provided volunteer time to hold events in the park and undertake some of the restoration works. Twelve of the volunteers had gained qualifications in gardening to NVQ Level 1 through the project. This year the Friends won the Plymouth Environmental Volunteer group of the year runner up cup and helped the Council to win the category of Community Project of the Year through the Association of Project Management and the Creating Excellence Award for the restoration works to date on Devonport Park.

Devonport Park's restoration was due for completion in September 2011 and the works included the restoration of all the park's historic memorials, fountains, lodge and railings as well as the development of a multi-use Park Pavilion and new children's play area.

The Council congratulated everyone concerned on these tremendous achievements.

Efford Building Communities Initiative  - Creating Excellence Award              

Councillor Fry reported that the Efford Building Communities Initiative, run by the Neighbourhood Regeneration Team, focused on improving the neighbourhood and involving the community. It was given a Commendation for Exemplary Practice.  The Council congratulated the team on this award.

National Leaving Care Awards

Councillor Mrs Watkins advised that a promising local sportswoman and one of our participation officers were honoured at the recent National Leaving Care Awards.

Diane Neza, touted as a possible contender for the 2012 Olympics, had been given the honour of outstanding sportsperson, for her achievements in the field of javelin throwing.  Jo Short (part of the 16 plus team), also won the national category honouring local authority workers, for her work supporting local young people.

The Council congratulated them on their awards.

Local Authority Building Control, National Building Excellence Awards

Councillor Fry reported that the Council's Planning Service had been awarded the national award for the Ker Street Phase One Development, under the category for Best Social / Affordable Housing Development.

The project to redevelop housing in Ker Street was part of the Devonport regeneration scheme and included 48 different sized houses that reflected the grand Georgian setting, a new street layout and remodelled public space.

The excellent teamwork, established between Plymouth City Council’s Building Control team, Midas Homes and Fred Champion Groundworks was highlighted.

The Council congratulated the team on this achievement.

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 three public questions to be considered at the meeting in accordance with paragraph 10 of the Constitution. 

Mr West attended the meeting and asked the following question.  Councillor Michael Leaves responded as set out below. 

To consider recommendation (2) of Cabinet minute 72, to add two new schemes to the capital programme 2010/11.   

Cabinet Member: Councillor Bowyer

CMT Lead Officer: Director for Corporate Support

At the start of the item, Councillor Evans referred to the rejection of his motion on notice on the waste to energy plant and drew the Council’s attention to a previous motion submitted to the City Council on 26 April 2010.  

Agreed that the advice provided to Councillor Evans and the Lord Mayor, on the reasons for ruling the motion out of order, is repeated by the Assistant Director for Democracy and Governance, in writing, to Councillor Evans.   

Councillor Bowyer moved the proposal to add two new schemes to the capital programme 2010/11 as contained in recommendation (2) of Cabinet minute 72.

Councillor Sam Leaves seconded the proposal.

Following a vote, it was Agreed that the following new schemes (included in the latest forecast) are added to the capital programme for 2010/11 -

To consider minute 60 of the Overview and Scrutiny Management Board and the recommendation of Cabinet in minute 73, to adopt the updated Medium Term Financial Strategy, as amended, and submitted.   

Cabinet Member: Councillor Bowyer

CMT Lead Officer: Director for Corporate Support

Chair of the Overview and Scrutiny Management Board: Councillor James

Councillor Ball (Vice Chair of the Overview and Scrutiny Management Board) (in the absence of Councillor James (Chair)) presented minute 60 of the Overview and Scrutiny Management Board, for noting.

Councillor Bowyer moved the Medium Term Financial Strategy 2010/14 for approval (Cabinet minute 73 refers), subject to the amendment of the strategy by the deletion of the words ‘awareness sessions at Area Committees’ on page 53 of the agenda papers, under ‘Consultation’, as reported to the Overview and Scrutiny Management Board. 

The motion was seconded by Councillor Ball.

Councillor Bowyer indicated that the strategy would be kept under review in the light of further information on the financial settlement, grants etc.  A further report would be submitted to the City Council in due course.      

Following a vote, it was Agreed that the updated Medium Term Financial Strategy, for the period 2010 to 2014, was adopted, as submitted (with Cabinet’s amendment) and amended by the deletion of the words ‘awareness sessions at Area Committees’ on page 53 of the agenda papers.

To consider recommendation (3) of Audit Committee minute 52 to receive the report on the mid year review of the Treasury Management Strategy 2010/11 in accordance with Treasury Management Practice (TMP) note 6.   The report submitted to the Audit Committee is attached.

Chair of Audit Committee: Councillor Berrow

CMT Lead Officer: Director for Corporate Support

Councillor Berrow (Chair of the Audit Committee), presented the report on the mid year review of the Treasury Management Strategy 2010/11 for noting, in accordance with Treasury Management Practice note 6 (Audit Committee minute 52 refers). 

Councillor Stark seconded the proposal.

During the discussion, reference was made to the internal audit six monthly progress report submitted to the Audit Committee (minute 55 refers), relating to information management, and to the interest linked to the Icelandic Bank investments.    

The report was noted by the City Council.

To consider the recommendation of Cabinet in minute 74 to adopt the draft Licensing Statement of Policy 2011 – 2014.  The report submitted to Cabinet is attached.   

Cabinet Member: Councillor Michael Leaves

CMT Lead Officer: Director for Community Support

In the absence of the Deputy Lord Mayor, it was Agreed that Councillor Mrs Nelder was appointed to act in the role of Deputy Lord Mayor, for this item. 

Councillor Michael Leaves, moved the draft Statement of Licensing Policy (Cabinet minute 74 refers) for approval and to apply the Special Policy on Cumulative Impact to Union Street (including Derry’s Cross), the Barbican, North Hill, Mutley Plain and Stoke Village.

Councillor Mrs Bowyer seconded the proposal.

Following a vote, it was Agreed that the draft Statement of Licensing Policy is adopted and that the Special Policy on Cumulative Impact will apply to Union Street (including Derry’s Cross), the Barbican, North Hill, Mutley Plain and Stoke Village.

(Councillors Coker (Deputy Lord Mayor), King, Martin Leaves and Sam Leaves having declared an interest in the item, withdrew from the meeting).

(Councillor Stevens declared a personal interest initially and during the course of the debate, changed the nature of his declaration from personal to  personal and prejudical, and withdrew from the meeting).

(During the debate, Councillor Lowry declared a personal and prejudicial interest and withdrew from the meeting).

(Councillor Mrs Beer declared a personal interest in the above item).

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

There were no motions on notice.

Further to minute 50, the Director for Corporate Support will submit a report following approval of the Leader and Cabinet Executive model as the preferred form of executive arrangements, for consultation.   

Cabinet Member: Councillor Mrs Pengelly

CMT Lead Officer: Director for Corporate Support

The Assistant Director for Democracy and Governance presented the reports and recommendations on changes to executive arrangements. Councillor Mrs Pengelly moved approval of the recommendations set out in the supplementary report of the Assistant Director for Democracy and Governance.

Councillor Jordan seconded the proposal.

Councillor Evans moved the following amendment –

Councillor Dann seconded the amendment.

The Lord Mayor adjourned the Council meeting so that officers could consider the amendment.  The Council reconvened and following a debate, the amendment was put to the vote and declared lost.

The City Council then debated the substantive motion and, following a request by 10 Members for a recorded vote, there voted –

For the motion (30)

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

Against the motion (19)

Councillors Bowie, Coker, Dann, Evans, Gordon, Haydon, Lowry, McDonald, Murphy, Mrs Nelder, Rennie, Smith, Stevens, Tuohy, Vincent, Wheeler, Wildy, Williams and Wright.

Abstentions (2)

CouncillorBerrow and Lord Mayor

Absent (5)

Councillors Fox, James, King, Dr Mahony and Dr Salter.

The Lord Mayor declared the motion carried and it was Agreed that the Council  -

To consider appointments to committees, outside bodies etc. indicated in the written report and any additional proposals received.    

CMT Lead Officer: Director for Corporate Support

Agreed that appointments to committees and outside bodies are determined as follows -

Questions to the Leader, Cabinet Members and Committee Chairs covering aspects for their areas of responsibility or concern by councillors 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 Member and Committee Chairs covering aspects of their areas of responsibility -

The Leader will introduce the Forward Plan.

Councillors 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 on the South West Devon Waste Partnership as follows –