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 20 June 2011.   

With reference to minute 20 (Council’s Constitution), clarification was sought on the lawfulness of the minutes of the last meeting, arising from the advice of the Assistant Director of Democracy and Governance  that the Council could be operating illegally, if a revised Constitution was not adopted.  Clarification was also sought on whether the proceedings of this Council meeting were lawful.

The Assistant Director for Democracy and Governance confirmed that the proceedings of the Council meetings were lawful, as any statutory provision superceded the Constitution.   

Following discussion, an amendment was moved by Councillor Wildy and seconded by Councillor Evans, that minute 20 is amended by the addition of the following statement -

‘The Monitoring Officer reported to the City Council that unless a new Constitution was adopted, the Council would be operating illegally.’

Following a vote, the amendment was carried.

A vote was then taken on approval of the minutes, as amended.

Agreed that the minutes of the meeting held on 20 June 2011, as amended, 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 Lord Mayor reported that he had two sad announcements to make. 

He advised councillors of the recent death of Corporal Mark Anthony Palin of the 1^st Battalion, the Rifles, during his deployment to Afghanistan.  He was killed by an improvised explosive device while guiding a patrol in Helmand province.  Corporal Palin was born in Plymouth and was married with one son, with a baby on the way. The Lord Mayor expressed that the Council’s thoughts were with his family and that he had already sent a card of condolence.

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

The Lord Mayor referred to the appalling events that took place in Norway on 22 July 2011.  Approximately 93 people were known to have died with several still missing.  The Council agreed to join with him in sending their most sincere commiserations to the people of Norway.  The Lord Mayor indicated that he would contact the Royal Norwegian Honorary Consulate to pass on their condolences.   

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

The Leader referred to the speculation on the future of Plymouth Argyle Football Club and the process for administration.   She stated that any future development proposals would need to sit within the plans for Central Park.  If the proposed solution fell away, she would do all that she could to save the club.  However, she wished the preferred bidder every success and stated that she did not wish to undermine that process in any way.

Councillor Fry (Cabinet Member for Planning, Strategic Housing and Economic Development) reported that the building control service had recently had several projects short listed in the prestigious Local Authority Building Control (LABC) built in quality awards.

At the award ceremony last month, amongst the six projects that made the final shortlist, the Devonport Park Pavilion was rewarded with a highly commended in the ‘Best Community Building’ category and the Millbay Phoenix Quay  development won outright the category of  ‘Best Large Housing Development’ in the South West of England.

Plymouth City would now be represented at the national LABC award finals in London later this year in the hope that the Millbay development could win the overall national title.

Councillor Fry congratulated Peter Ford (Head of Development Management) and John Flatman (Area Building Control Surveyor) on the team’s achievements.

Councillor Fry (Cabinet Member for Planning, Strategic Housing and Economic Development) reported that a major regeneration scheme, which had brought a brand new look to Plymouth’s West End, had scooped a prestigious national design award.

The £3.2 million project to transform roads, pavements and landscaping in the West End had won the 2011 Urban Transport Design Award. The project was brought forward by Plymouth City Centre Company, through Plymouth’s Business Improvement District (BID) initiative, and funded by Plymouth City Council.

The aim was to make the area more attractive for residents and shoppers, boost business and support the West End’s 200 Independent Quarter traders based in and around the Plymouth Market.

Councillor Fry congratulated Patrick Knight (City Centre BID Manager) on the success.

Councillor Michael Leaves (Cabinet Member for Community Services (Street Scene, Waste and Sustainability)) advised councillors that West Hoe park had been awarded a green flag, which recognised well managed parks and open spaces for all to enjoy.

Councillor Jordan (Cabinet Member for Community Services (Safer and Stronger Communities and Leisure, Sport and Culture)) reported that the city had been successful in its bid to host the national armed forces day on 30 June 2012 and that it would be the city’s opportunity to show its support for the armed forces.

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 five clear working days before the date of the meeting.

One question was submitted in accordance with paragraph 10 of the Constitution, as set out below. 

Mr Sharpe attended the meeting to put his question and the response was given by Councillor Thompson, the Chair of the Customer and Communities Overview and Scrutiny Panel.

There were no items of business outstanding.

To consider the recommendation in Cabinet minute no. 22

Cabinet Member: Councillor Bowyer

CMT Lead Officer: Director for Corporate Support

Councillor Bowyer (Cabinet Member for Finance, Property and People) moved a  proposal for the addition to the capital programme of £1.9 million over 2011/12 and 2012/13 for the implementation of the Payroll Enterprise Platform project (Cabinet minute 22 refers).   The proposal was seconded by Councillor Mrs Beer.

During the debate, it was moved by Councillor Lowry and accepted by Councillor Bowyer, that the proposal should be the subject of post decision scrutiny.

Agreed that the capital programme is amended, as requested, for the implementation of the Payroll Enterprise Platform project.

To consider the recommendation in Cabinet minute no. 25

Cabinet Member: Councillor Wigens

CMT Lead Officer: Director for Development and Regeneration

CouncillorWigens (Cabinet Member for Transport) moved a proposal for a £350k ‘invest to save’ capital scheme to modernise and refurbish the Western Approach car park. (Cabinet minute 25 refers). 

The proposal was seconded by Councillor Lock.

During the debate, concerns were raised with regard to the public safety of walkways and the cleanliness of the external curved glass, and Councillor Wigens undertook to raise the issues with officers.   Clarification was also sought on the capital commitment.

Agreed that approval is given to the capital scheme, as requested, for the modernisation and refurbishment of the Western Approach car park.

Councillor Davey moved the following notice on motion for approval –

The motion was seconded by Councillor Coker.

Councillor Davey indicated that she wished to amend her motion on notice and following advice from the Assistant Director for Democracy and Governance, Councillor Williams moved, and Councillor Mrs Aspinall seconded, an amendment to add words so that the motion read –

During the debate on the amendment, the issues raised included –

• that there had been extensive discussion with Amey and that all councillors had received a presentation from them;
• the process for moving the amendment and the lack of an opportunity for Councillor Davey to make her speech on the motion;
• that Councillor Davey was happy with the amendment;
• that a debate was wanted on the state of the road network.

Following a vote, the amendment put to the vote and declared lost.

The Council then debated the original motion and the issues raised included –

• the scrutiny review that had been undertaken on highway maintenance;
• the lack of co-ordination on highways works, with some streets dug up several times in short periods;
• the contractual obligations in relation to public safety and customer satisfaction, for example with regard to road signs;
• the ongoing issues across wards. 

During the debate, Councillor Mrs Pengelly expressed her concern at the behaviour of some councillors during the meeting.

The Assistant Director for Democracy and Governance advised councillors to raise issues about the process, outside of the meeting.

The motion was put to the vote and declared lost.

Councillor Penberthy moved the following notice on motion for approval –

The motion was seconded by Councillor Tuffin.

During the debate the following issues were raised –

• child poverty had an effect on education standards;
• child poverty would reduce skills available to employers and this would affect economic growth;
• child poverty was the single greatest threat to the wellbeing of families;
• children living in poverty were more likely to suffer poor physical health and mental problems;
• cross party working was essential to tackling child poverty.

The motion was put to the vote and Agreed.

Councillor Evans proposed the following motion –

The motion was seconded by Councillor Williams.

During the debate the issues raised included that –

• government were reducing the amount of money to Private Sector Housing development;
• 11,000 people were on the waiting list for social housing in Plymouth;
• it was considered that a lack of suitable accommodation would put pressures on the local community;
• the Council were currently working with partner agencies such as Citizens Advice Bureau, Shelter, other supporting housing providers and private landlords to understand the impact of this policy;
• limited resources in the private sector housing could result in limited action being taken against bad landlords.

Following the debate, a request was received from tencouncillors for a recorded vote, and there voted –

For the motion (23)

Councillors Mrs Aspinall, Bowie, Casey, Coker, Davey, Evans, Gordon, Haydon, McDonald, Murphy, Mrs Nelder, Penberthy, Rennie, Singh, Peter Smith, Stevens, Tuffin, Tuohy, Vincent, Wheeler, Wildy, Williams and Wright.

Against the motion (25)

Councillors Ball, Mrs Beer, Berrow, Bragg, Browne, Delbridge, Mrs Dolan, Drean, Foster, Mrs Foster, Fry, James, Jordan, Martin Leaves, Sam Leaves, Lock, Dr Mahony, Monahan, Nicholson, Mrs Nicholson, Mrs Pengelly, Reynolds, Dr Salter, Stark and Thompson.

Abstentions (1)

The Lord Mayor.

The following Members were absent (8)

Councillors Bowyer, Mrs Bowyer, Churchill, Michael Leaves, Lowry, Ricketts, John Smith and Wigens.

The motion was put to the vote and declared lost.

(Councillors Bowyer, Mrs Bowyer, Churchill, Michael Leaves, Lowry, John Smith and Wigens declared a personal interest in this item and left the room)

Councillor Evans proposed the following motion –

The motion was seconded by Councillor Williams.

Councillor Bowyer moved and Councillor Jordan seconded an amendment to the second paragraph so that it read –

The amendment was put to the vote and agreed.

The motion, as amended, was put to the vote, and Agreed.

Councillor Evans proposed the following motion –

The motion was seconded by Councillor Williams.

Councillor Lowry moved, and Councillor Wildy seconded, an amendment that –

The amendment was put to the vote and declared lost.

The motion was subsequently put to the vote and declared lost.

During the debate on this item, Councillor Ball proposed and Councillor Fry seconded that Paragraph 9.1 of the Council Procedure Rules in the Constitution (Adjournment of Council) is suspended, to enable the Council to finish the business on the agenda.

This was put to the vote and was carried.

Councillor Wildy proposed the following motion –

The motion was seconded by Councillor Williams.

During the debate the following issues were raised –

• families were experiencing a rise in bills by approximately £350 per year;
• the concessionary bus fares scheme was to be withdrawn from 31 July 2011;
• families were able to purchase the reduced rate via the internet and local shops;
• the green pass would still be available until the next municipal year;
• the Cabinet Member for Children and Young People intended to review the decision relating to school transport.

Councillor Ball proposed and Councillor Mrs Dolan seconded that this motion was put to the vote.   This proposal was put to the vote and Agreed.

Following summing up by Councillor Wildy, the motion was put to the vote and Agreed.

Councillor Vincent proposed the following motion –

The motion was seconded by Councillor Murphy.

During the debate the following issues were raised –

• there was no defined waiting list for cutting down trees;
• health and safety issues needed to be considered;
• the routine management of trees and the removal of dangerous trees needed to be kept separate;
• in 2008 an extra £100,000 was added to the budget for tree husbandry issues.

Councillor Bowyer moved that the motion was now put to the vote. The proposal was seconded and following a vote, the proposal was carried.

Councillor Vincent summed up and a request was received from tencouncillors for a recorded vote, and there voted –

For the motion (24)

Councillors Mrs Aspinall, Casey, Coker, Davey, Evans, Gordon, Haydon, Lowry, McDonald, Murphy, Mrs Nelder, Penberthy, Rennie, Singh, John Smith, Peter Smith, Stevens, Tuffin, Tuohy, Vincent, Wheeler, Wildy, Williams and Wright.

Against the motion (30)

Councillors Ball, Mrs Beer, Berrow, Bowyer, Mrs Bowyer, Bragg, Browne, Churchill, Delbridge, Mrs Dolan, Foster, Mrs Foster, Fry, James, Jordan, Martin Leaves, Michael Leaves, Sam Leaves, Lock, Dr Mahony, Monahan, Nicholson, Mrs Nicholson, Mrs Pengelly, Reynolds, Ricketts, Dr Salter, Stark, Thompson and Wigens.

Abstentions (1)

The Lord Mayor.

The following Members were absent (2)

Councillors Bowie and Drean.

The motion was declared lost.

To consider deferring the new council constitution as set out in the report of the Monitoring Officer.

CMT Lead Officer: Monitoring Officer

Tim Howes, Assistant Director for Democracy and Governance, presented the revised constitution report to councillors.

Following a challenge on the legality of decisions taken throughout the meeting, the Assistant Director for Democracy and Governance advised that the current constitution did not reflect the current legislative changes but that the law always took precedence. 

Councillor Evans asked that that advice on this matter to be provided to him the following day, in writing.

Agreed that the Council defer consideration of a new constitution to allow the time for more detailed consideration by a working group of five Councillors with three from the Conservative Group and two from the Labour Group to work with the Monitoring Officer on the further development of the constitution.  The outcome of that working group will then form part of the recommendations to Council in October 2011.

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

CMT Lead Officer: Assistant Director for Democracy and Governance.

The written report of the Assistant Director for Democracy and Governance was submitted.

Following the discussion on the appointments to the MVV Umwelt Incinerator Liaison Committee, Councillor Bowyer requested a transcript of that item.

Agreed that –

(The Labour Group recorded that it was their belief that the vote on the MVV item was unconstitutional.)

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 Members 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 as follows –