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 the 11April and the 20 May 2011.

Agreed that the minutes of the meeting held on 11 April 2011 and the Annual Meeting of the Council held on 20 May 2011, are confirmed as a correct record.

Councillor Michael Leaves reported that members of the east zone refuse crew were recently awarded a Good Deed Award at the Inspiring Volunteer Awards.

Driver Nick Symons and collectors Colin Taylor, Kevin Mitchell and Russell Weeks had clubbed together to buy a toy for young Oliver Brown, who is almost completely deaf. The crew had also visited Oliver every Thursday and had learnt sign language to communicate with him.

The Lord Mayor would write, on behalf of the council, to congratulate the crew.

(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 welcomed Councillors Casey, Churchill, Davey, Penberthy, Singh, John Smith and Tuffin to their first meeting of the City Council.

The Lord Mayor congratulated the Plymouth people named in the Queen’s Birthday Honours –

·              Olympic weightlifting athlete Michaela Breeze who received an MBE for services to sport

·              Ian Northam, a project worker for trade union GMB’s Southern Region who received an MBE.  He has helped workers improve their skills and opportunities in the job market

·              Marcelle Speller who  received an OBE for services to the voluntary sector

·              Jane Guy who received an OBE for services to the community in Plymouth

·              Plymouth College’s David Compton who received an MBE for services to young people through the Duke of Edinburgh Award Scheme and in The Gambia

·              Julian Parnall, a higher executive officer at the Child Support Agency who received an MBE  

To facilitate good management of the meeting the Lord Mayor proposed that items 7 (Transfer of SWRDA Property Assets) and 8 (Acquisition of Derriford Business Park) were moved to the end of the public part of the meeting as there were confidential items relating to these matters.

The proposal was seconded by Councillor Mrs Pengelly and the vote was declared carried.

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.

Two questions were received from the public, in accordance with paragraph 10 of the Constitution and responses were provided by the Cabinet Members as set out below –

In the absence of the questioners, written responses will be sent to them. 

There was no outstanding business from the last meeting of the City Council. 

To consider the recommendation in Cabinet Minute 9 of 7 June 2011 to adopt the updated Medium Term Financial Strategy (MTFS) for the period 2011-15.

Cabinet Member: Councillor Bowyer

CMT Lead Officer: Director for Corporate Support

Councillor Bowyer (Cabinet Member for Finance, Property, People and Governance) submitted a report and recommended that council adopted the Updated Medium Term Financial Strategy (MTFS) for the period 2011-15. (Cabinet minute 9, referred).

The motion was seconded by Councillor Monahan.

An amendment was moved and seconded as follows –

‘MTFP add after “for adoption.” – Members will be kept informed at each full meeting of the council on progress in delivering the departmental delivery plans.’

The motion was accepted by Councillor Bowyer.

The vote was taken on the amendment and declared carried.

The debate continued on the amended motion.

Councillor Lowry moved a further amendment as follows –

‘Calls upon the cabinet to urgently review car parking charges in light reduced parking income, due to the ongoing economic downturn, the significant fall in retail sales in May of 1.4pc and competition from private parking provision in the city centre.’

The amendment was seconded by Councillor Coker.

Councillor Mrs Pengelly proposed a short adjournment. This procedural motion was seconded by Councillor Fry and following a vote the motion was carried.

Following the adjournment, discussion took place on the proposed amendment.

Following summing up from Councillor Lowry, a vote was taken and the amendment was declared lost.

Following summing up from Councillor Bowyer the vote was taken on the amended motion and it was agreed that the updated Medium Term Financial Strategy (MTFS) for the period 2011 – 15 is adoptedand members would be kept informed at each full meeting of the council on progress in delivering the departmental delivery plans.

To consider the recommendation in Cabinet Minute 8 of 7 June 2011 to amend the Capital Programme.

Cabinet Member: Councillor Bowyer

CMT Lead Officer: Director for Corporate Support

Councillor Bowyer (Cabinet Member for Finance, Property, People and Governance) submitted a report and recommended the amendment of the five year capital programme. (Cabinet minute 8, referred).

The motion was seconded by Councillor Mike Leaves.

Following a vote, the motion to amend the five year capital programme wasagreed.

Councillor Mrs Aspinall moved the following motion on notice for approval –

INCAPACITY BENEFIT

Casework has revealed that Incapacity Benefit claimants are having benefit withdrawn, with immediate effect, by letter, which then invites them for an interview to review their eligibility, often three or four weeks later.

Council is concerned about the effect on claimants and especially on claimants with mental health incapacity.  Anecdotal evidence suggests that when these interviews occur, claimants with mental health issues are being asked inappropriate questions.

Council asks the portfolio holder to conduct an immediate study of the scope and nature of this issue, to assess its implications on claimants, the Council and other provider partners and report to the Cabinet within the month.

The motion was seconded by Councillor Evans.

During the debate, the issues raised included –

• that benefit withdrawal could lead to more casework for councilors;

• that the withdrawal of the benefit to claimants may result in an increase in requests for help via advice and information telephone lines or other means;

• there had been a change of emphasis during assessment interviews and it was not appropriate that people dealing with mental health issues were required to answer questions regarding their physical health;

• the level of disruption caused by the withdrawal of benefits could lead to heightened pressure and stress on the elderly and carers.

Councillor Monahan undertook to provide a report to Cabinet outlining the facts and figures in order to assess implication on claimants, the council and other partners.

Following summing up from Councillor Mrs Aspinall, the motion was put to the vote and declared carried.

Councillor McDonald moved the following motion on notice for approval -

CARE OF VULNERABLE ADULTS

Key City Council and Local Strategic Priorities for Plymouth are ‘Reducing Inequalities’ and ‘Value for Communities’.

1. The Council notes the current financial difficulties in parts of the private care sector and recent criticism by ‘The Health Service Journal’ of the effectiveness of the Care Quality Commission, which has led to concern expressed by Government, with the result that guidelines are awaited on the setting up of local Safeguarding Boards for Vulnerable Adults.

2. Council therefore calls, in the meantime, upon the Cabinet Member for Health and Social Care (Councillor Grant Monahan) to take urgent action, via risk assessments, on the residential care sector within the City that care for residents funded by the City Council, so that Council can be reassured that standards of care are satisfactory.

The motion was seconded by Councillor Evans.

During the debate, the issues raised included that –

• the Care Quality Commission inspection regime is not as robust as previous regime of unannounced inspections;
• Plymouth had excellent safeguarding teams for both adults and children;
• the current whistle blowing policies in both private and public care were not adequate;
• it was important not to spread alarm regarding increasing numbers of inspections.

Following summing up from Councillor McDonald, the motion was put to the vote and declared carried.

(Councillor Michael Leaves having declared a prejudicial interest, withdrew from the chamber for the above item.)

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

Councillor McDonald moved the following motion on notice for approval –

TRAFFIC MANAGEMENT

1.                  Council notes the traffic muddle within the Barbican and surrounding roads in the city as a result of necessary work to gas pipelines.

2.                  Council calls upon the portfolio holder for transport to reaffirm the overarching role of the Council, as Highway Authority, in reducing traffic muddle.

The motion was seconded by Councillor Evans.

During the debate, the issues raised included that –

• there had been an increase in the levels of disruption in the city due to work taking place on the highway;
• there should be better consultation and compensation from utility companies to those affected;
• the transport department had not been called to account by their portfolio holder for the level of disruption caused to motorists across the city;
• there were serious issues for the local economy and it would have been more helpful to have an in depth discussion at scrutiny where the issues were currently on the Growth and Prosperity Overview and Scrutiny Panel’s work programme;
• signage in Plymouth needed to be decluttered and corrected;
• there was, in reality, very little the department could do regarding the timings of the works, utility companies were robustly challenged but it was important keep working with those companies to deliver works with minimal disruption.

The motion was put to the vote and declared lost.

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

CMT Lead Officer: Monitoring Officer

The monitoring officer submitted a report on the adoption of the new council constitution.

Councillor Mrs Pengelly proposed that the item was deferred to the next full meeting of the City Council. The motion was seconded by Councillor Lowry and following the vote it was agreed that the adoption of a new constitution is deferred to the next ordinary meeting of the city council.

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

CMT Lead Officer: Assistant Director for Democracy and Governance.

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

A schedule of the nominations to outside bodies deferred from the annual general meeting was submitted. Following a vote on each appointment the following appointments were made.

The appointment to South West Councils was deferred to the next meeting.

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 –

To consider the recommendation in Cabinet Minute 6 of 7 June 2011 to amend the capital programme for the transfer of SWRDA assets.

Cabinet Member: The Deputy Leader

CMT Lead Officer: Director for Development and Regeneration

Councillor Fry (Cabinet member for Planning, Strategic Housing and Economic Development) submitted a report on the transfer of SWRDA property assets (Cabinet minute 6 of 7June 2011 refers) and moved that the City Council amend the capital programme as required.

The motion was seconded by Councillor Stark.

Following a vote being taken, the council agreed to amend the capital programme as required.

(see minute 27 below)

To consider the recommendation in Cabinet Minute 7 of the 7 June 2011 to make necessary amendments to the capital programme to allow the acquisition of Derriford Business Park.

Cabinet Member: The Deputy Leader

CMT Lead Officer: Director for Development and Regeneration

Councillor Fry (Cabinet member for Planning, Strategic Housing and Economic Development) submitted a report on the acquisition of Derriford Business Park) report and moved that City Council make the necessary amendments to the capital programme to allow the acquisition of Derriford Business Park.

The motion was seconded by Councillor Thompson.

Councillor Lowry proposed an amendment. The monitoring officer advised the council that debate on the amendment may lead to disclosure of exempt information and suggested that the council consider the amendment in Part II.

(see minute 28 below)

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 3 of Part 1 of Schedule 12A of the Act, as amended by the Freedom of Information Act 2000. 

Agreed that under Section 100A(4) of the Local Government Act 1972 the press and public are 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 3 of Part 1 of Schedule 12A of the Act, as amended by the Freedom of Information Act 2000.

The City Council received a written report from the Director for Development and Regeneration which provided confidential background in relation to the item referred to in minute 24 above.

CMT Lead Officer: Director for Development and Regeneration

With reference to minute 25 above,

Councillor Lowry moved the following amendment –

‘Add recommendation 3.

A detailed funding profile be produced to 2026 and be presented at the earliest opportunity to the cabinet including the demands on the capital programme.’

The amendment was seconded by Councillor Evans.

Councillor Fry (Cabinet member for Planning, Strategic Housing and Economic Development) accepted the amended motion.

During the debate it was suggested by Councillor Evans that Councillor Fry write to the Chancellor to request that the treasury forgo the value added tax and stamp duty on the transfer. Councillor Fry suggested that the Leader make the request.

Following Councillor Lowry’s summing up, the amendment was put to the vote and declared carried.

There was no further debate on the amended motion and following a vote, the amended motion to make the necessary amendments to the capital programme and that a detailed funding profile be produced to 2026 and be presented at the earliest opportunity to the cabinet including the demands on the capital programme was declared carried.

(see minute 25 above)