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 25 July 2011.  

The minutes of the meeting of the Council held on 25 July 2011 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.

Deaths of servicemen from the 1^st Battalion The Rifles and 42 Commando

The Lord Mayor referred to the loss of two servicemen since the last Council meeting.  A serviceman from the 1^st Battalion, The Rifles was shot by insurgents during a routine patrol in Helmand Province, in Afghanistan, on 5 August 2011.  A second serviceman, Sergeant Barry Weston, was on patrol with 42 Commando of the Royal Marines when he was fatally injured by an improvised explosive device on 30 August 2011. 

The Council’s thoughts were with their families and the Council stood in silence, for one minute, as a mark of respect. 

University Technical College Bid for Funding

The Leader (Councillor Mrs Pengelly) reported that the Council had received endorsement of its bid for a University Technical College, under a new government initiative. The college would be sponsored by business and would offer training on marine engineering, advanced manufacturing innovation and enterprise. 

Councillor Evans also welcomed the announcement. 

Agreed that thanks are extended to all those involved in making the bid.

South West in Bloom – Gold Award

Councillor Michael Leaves (Cabinet Member for Community Services (Street Scene, Waste and Sustainability) referred to the city’s recent success in the South West in Bloom Competition.

The city was awarded gold in the large city category, winning the South West Tourism Cup, for the city’s gardens, floral displays, parks and community projects.

Plymouth was also awarded the prize for best portfolio for the presentation of information about the huge range of activities that support the campaign.

The city also achieved 35 ‘It's Your Neighbourhood’ awards.

Councillor Michael Leaves congratulated the Parks Department (some of whom were present at the meeting) and everyone who had been involved in the achievements.

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.

The following questions were received from members of the public, in accordance with paragraph 10 of the Constitution.

Mr Keats attended the meeting to ask his question and Councillor Lock (Chair of the Planning Committee) responded as set out below -

Mr Lloyd did not attend the meeting and his question, and the response from Councillor Lock (Chair of the Planning Committee), were circulated to councilors as set out below.  The response would be sent to Mr Lloyd following the meeting.

Cabinet Member: Councillor Bowyer

The Director for Corporate Support will submit a report on proposals recommended by Cabinet for capital programme approval.

Minutes 35a, 38 and 40 (of the Cabinet meeting held on 23 August 2011) and minutes 53, 54 and 59 (of the Cabinet meeting held on 13 September 2011) refer.

Councillor Bowyer (Cabinet Member for Finance, Property and People) submitted, for approval, the new capital schemes for investment as set out in the written report of the Director for Corporate Support (Cabinet minutes 35a, 38, 40 (of the Cabinet meeting held on 23 August 2011) and 53, 54 and 59 (of the Cabinet meeting on 13 September 2011) refer).

The proposal was seconded by Councillor Nicholson.

During the debate, and in response to a request from Councillor Lowry, Councillor James (Chair of the Overview and Scrutiny Management Board) undertook to bring forward an item, to the next meeting of the Overview and Scrutiny Management Board, for scrutiny to consider the manner in which capital schemes were being brought forward.

Following a vote, it was agreed that –

Cabinet Members: Councillors Wigens and Michael Leaves

The recommendation contained in Cabinet minute 41, together with the written report of the Director for Development and Regeneration will be submitted on a proposal to revoke and replace the bylaws which apply to the parks in Schedules 1 and 2 in Annex 1 to the written report, with an amended version whose wording opens up the possibility of permitting safe and considerate cycling.

CouncillorWigens (Cabinet Member for Transport) submitted a proposal to revoke and replace a bylaw to provide for the possibility of allowing cycling in parks and recreation grounds, where stated, as set out in the written report of the Director for Development and Regeneration. (Cabinet minute 41 refers). 

The proposal was seconded by Councillor Michael Leaves.

Following a vote, it was agreed to revoke and replace the bylaws which apply to the parks in Schedules 1 and 2 in Annex 1 to the written report, with an amended version whose wording opens up the possibility of permitting safe and considerate cycling where it is deemed appropriate following consultation with the relevant Council departments, Ward members and user groups.

The wording for both bylaws will be slightly amended to read as follows –

"Providing that the Council indicates that cycling is permitted where indicated in the park by means of a notice, surface markings, direction sign for cycles or "cycling permitted" sign, then this bylaw shall not be deemed to prohibit the riding of cycles in a manner which is judged not to endanger or cause a nuisance to other park users."

The Lord Mayor advised that there were two recommendations for consideration from Cabinet today, relating to Plymouth Argyle Football Club and the Services for Children and Young People Basic Need Programme. 

The Council may be asked to consider any recommendations from a special meeting of Cabinet which has been convened on 10 October 2011 on –

·        Plymouth Argyle Football Club;

·        Children and Young People Basic Need Programme.  

Cabinet Members: Leader and Councillor Sam Leaves

CMT Lead Officers: Director for Development and Regeneration and Director of Services for Children and Young People  

The Leader (Councillor Mrs Pengelly) submitted a proposal from Cabinet suggesting that Council agree that an Extraordinary General Meeting of the City Council is called on 18 October 2011, to start at 4pm, to consider the possibility of the purchase of the freehold of Home Park by the Council on a commercial basis(Cabinet minute 62a refers).

The proposal was seconded by Councillor Fry.

Councillors referred to the email which had been sent by the Assistant Director for Democracy and Governance, on Friday last, giving advance notice of the proposal and indicating that the meeting would commence at 4.30pm on18 October 2011.   As a result, many councillors had already made arrangements to be available at that time.

The Assistant Director for Democracy and Governance apologised and indicated that the recommendation submitted to the City Council, had been made at Cabinet that morning.

An amendment was moved by Councillor Wildy, and seconded by Councillor Peter Smith, to amend the time of the proposed Extraordinary General Meeting of the City Council from 4pm to 4.30pm.

The Leader indicated that she had not been consulted before the email had been sent out and that many councillors were required to work or be at home with children, in the evening, so the earlier time was preferable for them.

CouncillorWildy summed up and following a vote, the amendment was carried.

The Leader then summed up on the substantive motion, as amended, and, following a request from ten councillors for a recorded vote, there voted –

For the motion (24)

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

Against the motion (0)

Abstentions (30)

Councillors Ball, Berrow, Bowyer, Mrs Bowyer, Mrs Bragg, Churchill, Delbridge, Mrs Dolan, Drean, 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, Wigens and the Lord Mayor.

The following Members were absent (3)

Councillors Browne, Davey and Mrs Nelder.

The motion, as amended, was carried and it was agreed that an Extraordinary General Meeting of the City Council is held on 18 October 2011, starting at 4.30pm, to consider the possibility of the purchase of the freehold of Home Park, to enable completion of the purchase without further delay.

Councillor Sam Leaves (Cabinet Member for Children and Young People) submitted a proposal to amend the capital programme relating to the expansion of five primary schools and the inclusion of condition allocations for general condition in schools and Boringdon Primary School.(Cabinet minute 63a refers).

The proposal was seconded by Councillor Jordan.

Councillors expressed disappointment that the proposals had not been considered by scrutiny and concern about the availability of places for in year transfers.

Following a vote, it was agreed to amend the capital programme to include –

(Councillors Mrs Aspinall, Jordan, Nicholson and Stark declared a personal interest in the above item.)

Cabinet Member: Councillor Jordan

The recommendation contained in Cabinet minute 50a together with the written report of the Director for Community Services will be submitted on proposals, including to discontinue Locality Teams, to delegate responsibility for ensuring that neighbourhood level interaction takes place with key health agencies and to revise the boundaries of the neighbourhoods.

Councillor Jordan (Cabinet Member for Community Services (Safer and Stronger Communities and Leisure, Sport and Culture)) submitted the recommendations for the City Council, from Localities and Neighbourhood Working Review. (Cabinet minute 50a refers).

The recommendations were seconded by Councillor James who reported that the Council had replaced area committees in February 2010 and the Overview and Scrutiny Management Board had undertaken a review of the arrangements after 12 months in operation.  He indicated that, of the witnesses who had attended the panel, not one had suggested a return to area committees.

Following a query on the minute submitted to the City Council, the Assistant Director for Democracy and Governance reported that some of the recommendations in the Cabinet minute were Cabinet decisions and others required approval by the City Council.  He undertook to circulate a copy of the Cabinet and City Council decisions to all councillors.

Agreed -

Councillor James, Chair of the Overview and Scrutiny Management Board, will present the Overview and Scrutiny Annual Report 2010/11. 

Councillor James (Chair of the Overview and Scrutiny Management Board) presented the Overview and Scrutiny Annual Report 2010/11 to the City Council and thanked all those involved for their time and effort.

The 2010/11 Annual Report was noted.  

To consider a motion proposed by Councillor Stevens and seconded by Councillor Wildy.

Councillor Stevens moved the following motion on notice for approval –

Councillor Nicholson declared a prejudicial interest and withdrew from the meeting as the proposal had implications for his employer, Babcock.  Following discussion, the Assistant Director for Democracy and Governance confirmed that the interest did not apply to this motion which related to the date of the Planning Committee and Councillor Nicholson subsequently returned to the Council Chamber. 

The motion was seconded by Councillor Wildy.

During the debate, the issues raised, included –

Councillor Stevens summed up and the motion was put to the vote.

Following a request from tencouncillors for a recorded vote, there voted –

For the motion (24)

CouncillorsMrs Aspinall, Bowie, Casey, Coker, 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 (29)

Councillors Ball, Mrs Beer, Berrow, Bowyer, Mrs Bowyer, Churchill, Delbridge, Mrs Dolan, Drean, Foster, Mrs Foster, Fry, James, Jordan, Martin Leaves, Mike Leaves, Sam Leaves,  ...  view the full minutes text for item 65.

Councillor Williams moved the following motion on notice for approval –

With the agreement of the Council, an extension was moved and seconded to allow Councillor Williams a further five minutes to finish her speech.

The motion was seconded by Councillor John Smith.

During the debate, the issues raised, included that –

An amendment was moved by Councillor Sam Leaves and seconded by Councillor Mrs Beer that the final paragraph of the motion was amended to read -

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

During the debate, Councillor Sam Leaves  ...  view the full minutes text for item 66.

The Assistant Director for Democracy and Governance will submit a written report seeking approval of the PlymouthCity Council Polling Arrangements Schedule 2011, following a review, in accordance with the Electoral Administration Act 2006, of polling districts and polling places in consultation with interested parties including Members and the general public.

The Assistant Director for Democracy and Governance submitted a written report on the Statutory Review of Polling Districts, Places and Stations, in accordance with the Electoral Administration Act 2006.

The Leader (Councillor Mrs Pengelly) moved the recommendations in the written report and Councillor Mrs Dolan seconded the proposal.  

The Council was advised that, during campaigning last year, it was discovered that, where families had been moved from their homes as a result of regeneration or improvement works, those families were without a vote in the elections. Councillors were of the opinion that there should be a mechanism for Plymouth Community Homes either to advise the electoral office of new addresses or to send out new registration forms to the families.

The Assistant Director for Democracy and Governance undertook to look at the issue and respond to Councillor Evans.

Following a vote, it was agreed to implement the Plymouth City Council Polling Arrangements Schedule 2011 (copy at Appendix A to the written report) with effect from 1 December 2011.

The Assistant Director for Democracy and Governance will submit a report on the progress of the review of the City Council Constitution. 

Further to minute 49, the Assistant Director for Democracy and Governance submitted a written report on the progress of the review of the City Council Constitution.   

Following concern expressed by councillors, the Assistant Director for Democracy and Governance reported that, where there was a conflict between the constitution and the law, the law would be followed.

The members of the working party had been provided with a marked up copy of the constitution showing the areas that conflicted with the law and other proposed amendments and following a request, the Assistant Director for Democracy and Governance undertook to provide Councillor Evans with a marked up copy of the constitution.     

The report was noted.

The Director for Corporate Support will submit a schedule of vacancies on committees, outside bodies etc and of changes to committees that have been made.   

Agreed the following appointments –

In accordance with minute 84 of the City Council meeting held on 1 February 2011, the following nomination was agreed –

The City Council noted that the following changes of Committee membership had been notified to the Monitoring Officer -

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 –

Extracts from the Joint Performance and Finance Report considered by Cabinet on 23 August 2011 are submitted for information, on –

• Delivery plans;
• Budgets.

Councillor Bowyer (Cabinet Member for Finance, Property and People) presented the extract from the Joint Performance and Finance Report, as agreed at the previous meeting, for noting.    

The next report would be submitted to the meeting of the City Council on 5 December 2011.  Each monitoring report was also submitted to scrutiny for challenge.

A concern was raised on the narrative in relation to adult social care (page 118 of the Council agenda referred).

The extract from the Joint Performance and Finance Report was noted.

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 of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act, as amended by the Freedom of Information Act 2000. 

Agreed that under Section 100(A)(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1of Part 1 of Schedule 12A of the Act, as amended by the Freedom of Information Act 2000.

The Chief Executive will submit for approval, a written report on his proposals for a senior management restructure.

The Chief Executive presented his written report on the senior management restructure.   

The Leader (Councillor Mrs Pengelly) moved the recommendations as set out in the report and the proposal was seconded by Councillor Bowyer.

The Chief Executive undertook to respond to the queries raised from councillors outside of the meeting.

Agreed that –