Agenda and minutes

City Council - Monday 25 June 2012 2.00 pm

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

9.

MINUTES pdf icon PDF 101 KB

To approve and sign as a correct record the minutes of the ordinary meeting held on 16 April and the Annual Meeting held 18 May 2012.  

Additional documents:

Minutes:

Agreed that the minutes of the Ordinary Meeting of the City Council held on 16 April 2012 and the Annual General Meeting held on 18 May 2012 are confirmed as a correct record.

10.

DECLARATIONS OF INTEREST

Councillors 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 consideration at the meeting –

 

Councillor

Minute

Reason

Interest

Councillor Coker

23

Employer has publically stated a wish to purchase part of the proposed site

Prejudicial Interest

Councillor Lowry

24

Employee of Babcock International

Prejudicial Interest

Councillor Nicholson

24

Employee of Babcock International

Prejudicial Interest

Councillor P Smith

24

Pensioner of Babcock International

Prejudicial Interest

Councillor Jordan

25

War pensioner

Personal Interest

Councillor Mrs Beer

27

Employed by Devon and Cornwall Police

Prejudicial Interest

Councillor Stevens

27

Employed by Devon and Cornwall Police

Prejudicial Interest

 

11.

APPOINTMENTS TO COMMITTEES, OUTSIDE BODIES ETC pdf icon PDF 39 KB

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

 

Minutes:

The report of the Director for Corporate Services was submitted on current vacancies on committees, outside bodies etc. and changes to committees that have been made.

 

Agreed that the following changes notified to the Assistant Director for Democracy and Governance are noted –

 

Committee, Outside Body etc

Membership

Customers and Communities Overview and Scrutiny Panel

Councillor Ball replaces Councillor Wigens

 

Growth and Prosperity Overview and Scrutiny Panel

Councillors Wigens replaces Councillor Ball

 

Police and Crime Panel (subject to approval at minute 27)

Councillor Penberthy and Councillor Williams

 

Plymouth Waterfront Partnership Board

Councillor Peter Smith replaces Councillor Evans

 

Devon and Severn Inshore Fisheries and Conservation Authority

 

Councillor Fox

Wolseley Trust

Councillor Tuohy

 

12.

ANNOUNCEMENTS

12a

Welcome to New Councillors

(a)        To receive announcements from the Lord Mayor, Chief Executive, Director for Corporate Services or Assistant Director of Democracy and Governance;

 

(b)        To receive announcements from the Leader, Cabinet Members or Committee Chairs.

Minutes:

The Lord Mayor welcomed the eight new Members of the City Council, elected on 3 May 2012, to their first meeting of the Council.

12b

The Late Former Lord Mayor and Alderman Peter. N. Wood

Minutes:

The Lord Mayor informed Councillors of the death of a former Councillor, Lord Mayor and Alderman Peter Wood.

 

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

12c

MJ Award for 'redefining quality in adult services'

Minutes:

The Lord Mayor congratulated Adult Social Care staff on winning the ‘redefining quality in adult social care’ and the MJ Awards on 21 June 2012.  Councillors were informed that the judges had been particularly impressed with the vision, scale and ambition of the programme to transform the service and improve people’s lives.

12d

MJ achievement award - legal services

Minutes:

The Lord Mayor congratulated Legal Services who were commended by the Judges on the MJ Awards Panel.  The award recognised and rewarded Plymouth City Council’s Legal Services Department which demonstrated exceptional value for money for the Council in delivering a series of great contributions which made a long lasting and real difference to people, the local economy, the law and the legal profession.

12e

MJ achievement award - workforce transformation

Minutes:

The Lord Mayor congratulated the Human Resources and Organisations Development department who were commended by the Judges on the MJ Awards Panel.  The award commended their approach to transform the workforce in response to the budget reductions the Council is facing.

12f

Armed Forces

Minutes:

The Lord Mayor announced that the Armed Forces Week celebrations had begun in style earlier that day.  The Armed Forces Day national event would take place in Plymouth on Saturday 30 June in the presence of His Royal Highness The Earl of Wessex.

 

The site, on the Hoe would open at 9.30am and an exciting programme of events had been planned culminating in an aerial display from 5pm - the day will be closed by the Red Arrows.

12g

Welcome to Interim Chief Executive

Minutes:

The Leader welcomed Bob Coomber, Interim Chief Executive to Plymouth City Council and updated Councillors on the recruitment process for the post of Chief Executive.  Councillors were advised that there had been a strong field of applicants for the post and that interviews would take place on 10 July 2012.

12h

Statement about the Councils New Objectives

Minutes:

The Leader updated Councillors, following the change of administration at the last election, on the plan for the Council’s future.  He advised Councillors that the new administration was committed to -

 

(a)

open government;

 

(b)

opening up decision making and getting people more involved;

 

(c)

encouraging civic pride;

 

(d)

becoming a cooperative council;

 

(e)

being a ‘can-do’ council which delivers the 100 pledges contained in the Labour manifesto by the next election in 2014.

 

(f)

involving staff in the development of the Council and giving them a stake in the future of the Council

 

(g)

delivering growth.

 

The Leader assured Councillors that the vision for the City remained the vision for the Council.

12i

Corporate Parenting Week

Minutes:

Councillor Williams advised Councillors that this week was ‘Corporate Parenting Week’ and encouraged all Councillors to attend the Corporate Parent training as well as the information event which would take place in the Guildhall on 27 June 2012.

13.

QUESTIONS BY THE PUBLIC

To receive questions from and provide answers to the public in relation to matters which, in the opinion of the Lord Mayor, are about something the Council is responsible for or something that directly affects people in the city, in accordance with Part B, paragraph 11 of the Constitution.

 

Questions, of no longer than 50 words, can be submitted to the Democratic Support Unit, Corporate Services Department, Plymouth City Council, Civic Centre, Plymouth, PL1 2AA, or email to democraticsupport@plymouth.gov.uk. Any questions must be received at least five complete working days before the meeting.

Minutes:

One question had been received from a member of the public in relation to a matter which in the opinion of the Lord Mayor, was relevant to the business of the meeting, in accordance with paragraph 10 of the Constitution

 

Question No

Question By

Relevant Cabinet Member

Subject

1 (12/13)

Mr F Sharpe

Councillor P Smith

Plymstock Swimming Pool

Please could it be disclosed when Plymstock residents were consulted by the City Council regarding having a possible Plymstock Swimming Pool connected to Sherford?

 

Response

1)     The local planning policy document for this area clearly sets out the need for Sherford to provide a Sports Hub north of Elburton incorporating a swimming pool and the policy document was the subject of extensive public consultations for three years between 2005 and 2007 during which a range of public comments were carefully considered.  

 

•        The local planning policy is the North Plymstock Area Action Plan and the issues and Options public consultation on the required planning policies for the area took place between the 7th March and 18th April 2005.

 

•        Having considered public comments the next stage was to invite public comment on the   Preferred Options version This took place in the period July- September 2005. The result of the public response to the question relating to the possible provision of the sports centre/swimming pool, outdoor pitches etc here to meet needs of Sherford residents and to offset any loss of playing field land due to transport proposals was 20% Strongly agree, 6% agree, 59% nil response or no opinion, 4% disagree and 11% strongly disagree.

 

•        An Elburton Edge public presentation and exhibition took place on 19th May 2006 and the public consultation on the Action Plan ran for a period of 6 weeks from 22 August and ending on 3 October 2006.

 

•        The planning policy was adopted in August 2007, following public examination. Hearings held on the 13 February and 28 March 2007.

 

It is evident that the local planning policy was adopted following consideration of public opinion and following extensive public consultations.

 

2)     The planning applications for the development of this area with a Sports Hub north of Elburton incorporating a swimming pool was the subject of extensive public consultations for five  years between 2006 and 2011 during which a range of  public comments were carefully considered by the relevant Planning Committees. 

 

•        The planning applications for the Sherford development submitted in 2006 reflected the need for the Sports Hub north of Elburton. All the statutory publicity and public notices required for an application accompanied by an Environmental Statement were carried out in association with the two local planning authorities (SHDC and PCC). In addition 3 local public exhibitions on the applications were held in October 2007.

 

•        In 2008/2009/2012 The applicant’s submitted additional information and these were the subject of public consultation and comment. The Planning Committees of both authorities considered the public views and the merits of the planning applications in 2008 and 2009.  ...  view the full minutes text for item 13.

14.

Medium Term Financial Strategy 2012 - 2016 pdf icon PDF 55 KB

Cabinet Member: Councillor Lowry

 

The City Council will be asked to consider the Cabinet recommendations. 

Minute 14 (of the Cabinet meeting held on 12 June 2012) and the report of the Corporate Management Team on the Council’s Medium Term Financial Strategy will be submitted.

Additional documents:

Minutes:

Councillor Lowry (Cabinet Member for Finance) submitted the Medium Term Financial Strategy 2012-2016 and recommended its adoption to Council (Cabinet minute 14, referred).

 

The motion was seconded by Councillor Evans.

 

Agreed to adopt the Medium Term Financial Strategy 2012-2016

15.

Local Development Framework: Submission of Derriford and Seaton Area Action Plan pdf icon PDF 55 KB

Cabinet Member: Councillor Vincent

 

The City Council will be asked to consider the Cabinet recommendations. 

Minute 6 (of the Cabinet meeting held on 12 June 2012) and the report of the Director for Place on the Local Development Framework: Derriford and Seaton Area Action Plan will be submitted.

Additional documents:

Minutes:

Councillor Vincent (Cabinet Member for Environment) submitted the report on the Derriford and Seaton Area Action Plan and recommended its adoption to Council.

 

Councillor Evans seconded the motion.

 

Following a request by 10 Members for a recorded vote, there voted –

 

For the motion (29)

 

Councillors Mrs Aspinall, Bowie, Casey, Coker, Damarell, Philippa Davey, Evans, Fox, Gordon, Haydon, Jarvis, Lowry, McDonald, Murphy, Nelder, Parker, Penberthy, Rennie, Singh, John Smith, Peter Smith, Stevens, Jon Taylor, Kate Taylor, Tuffin, Tuohy, Vincent, Wheeler, Williams.

 

Against the motion (0)

 

Abstentions(24)

 

Councillors Ball, Beer, Bowyer, Mrs Bowyer, Browne, Churchill, Darcy, Mrs Dolan, Foster, Mrs Foster, Fry, James, Jordan, Martin Leaves, Mike Leaves, Sam Leaves, Monahan, Nicholson, Mrs Nicholson, Mrs Pengelly, Ricketts, Dr Salter, Stark, Wigens.

 

Not voting (1)

 

The Lord Mayor

 

Agreed to –

 

(1)

the Derriford and Seaton Area Action Plan Revised Pre-Submission draft is approved, for consultation purposes subject to the following amendments (in italics);

 

 

 

1. b)  The total amount of retail development to be provided on this site by 2016 will ultimately grow to around 8,500 sq m (net) floorspace.  This floorspace will comprise:

 

i)   a large food store in the order of 7,000 sq m (gross) floorspace.  The food store  should include convenience floorspace and a proportionate area of comparison floorspace and should have a net convenience floorspace of at least 2,500 sq m (net) and

 

ii)   a range of retail units of varying sizes, including a mix of retail uses and creating a High Street form of development

 

a)   initial development, by 2016, would provide for one new food store, together with a level of comparison goods floorspace associated with a modest scale District Centre, of a total of some 8,500 sq m (net) floorspace.  The food store needs to be of a scale which attracts main food shopping trips and should comprise elements of convenience and comparison floorspace.  It should have a net convenience floorspace of at least 2,500 sq m and could have an equivalent amount of comparison floorspace, leading to a gross floorspace of around 7,000 sq m.  This form of store will therefore have a mix of floorspace which is similar to that found in other district centres in the north of Plymouth.  The initial development should also provide for a range of retail units creating a mix of retail uses.  In total, some 5,000 sq m (net) comparison floorspace could be created, but the final mix will be dependent on detailed masterplanning and delivery of the centre.’

 

(2)

delegate authority to the Assistant Director for Planning, in consultation with the Portfolio Holder for Environment, to agree the final pre-submission format of the Area Action Plan;

 

(3)

delegate authority to the Assistant Director for Planning, in consultation with the Portfolio Holder for Environment to agree minor amendments to the Area Action Plan in response to the consultation process (with any major amendments being referred back to the City  ...  view the full minutes text for item 15.

16.

Capital Investment Delivery for University Technical College pdf icon PDF 55 KB

Cabinet Member: Councillor Evans

 

The City Council will be asked to consider the Cabinet recommendations. 

Minute 12 (of the Cabinet meeting held on 12 June 2012) and the report of the Director for Place on the Capital Investment Delivery for University Technical College will be submitted.

Additional documents:

Minutes:

Councillor Evans submitted a report on Capital Investment Delivery for University Technical College (UTC) and recommended its adoption to Council (Cabinet minute 12 referred).

 

Councillor Sam Leaves seconded the motion.

 

During the debate, Councillor Sam Leaves thanked Bronwen Lacey, former Director for Children’s Services for her work on the project.

 

Agreed that a sum of £7.9 million be placed into the capital programme for the delivery of the University Technical College on the former Parkside School Site.

17.

Community Covenant pdf icon PDF 49 KB

Cabinet Member: Councillor Penberthy

 

The City Council will be asked to consider the Cabinet recommendations. 

Minute 7 (of the Cabinet meeting held on 12 June 2012) and the report of the Director for People on a Community Covenant will be submitted.

Additional documents:

Minutes:

Councillor Penberthy (Cabinet Member for Co-operatives and Community Development) submitted a report on Community Covenant and recommended its adoption to Council.  (Cabinet minute 7 referred).

 

Agreed unanimously to sign the Community Covenant contained within the report.

18.

MOTIONS ON NOTICE

To consider motions from councillors in accordance with Part B, paragraph 14 of the Constitution.

Minutes:

There were no motions on notice.

19.

POLICE AND CRIME PANEL pdf icon PDF 86 KB

The Director for People will submit a report recommending the council to agree to establish a Police and Crime Panel.

Additional documents:

Minutes:

Councillor Penberthy (Cabinet Member for Co-operatives and Community Development) presented the report of the Director for People and recommended the establishment of a Police and Crime Panel to Council.

 

During the debate, Councillor Mrs Pengelly asked Councillor Penberthy whether or not an agreement on the constitution of the panel had been reached with Torbay Council since the report had been written. Councillor Penberthy advised that, to date, the situation remained unresolved.  A rep from The Local Government Association would be present at the first meeting and would provide advice on reaching a resolution.

 

The motion was seconded by Councillor Evans

 

Agreed –

 

(1)

the panel composition as set out in the report;

 

(2)

to offer to be the ‘host authority’ for the Panel for the first year and review the position on this in March in 2013;

 

(3)

Appoint Council representatives to panel as specified under minute 11;

 

(4)

To note the draft ‘panel arrangements and rules of procedure’ and delegate authority to the Monitoring Officer in consultation with the Leader and Cabinet Member for Cooperatives and Community Development to agree any amendments;

 

(5)

To amend the Council’s constitution to include the addition of the Police and Crime Panel as  Joint Committee;

 

(6)

Pay and allowance of £920 to members of the panel for the first year (in line with the requirements of the home office);

 

(7)

To pay the two independent members travel, subsistence and the carers’ allowance in accordance with the Members Allowance Scheme.

 

20.

CONSTITUTIONAL CHANGES

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

20a

Web casting and use of mobile phones and electronic communication devices pdf icon PDF 70 KB

Minutes:

Councillor Smith (Deputy Leader) presented the report of the Assistant Director for Democracy and Governance on webcasting and the use of mobile phones and electronic communication devices and recommended its adoption.

 

Councillor Williams seconded the motion.

 

During the debate Councillor Martin Leaves proposed an amendment to the recommendations as follows –

 

Remove full stop at end of sentence and add following ‘but also to include a replacement of the sound system in the Council Chamber and the installation of an adequate sound system in all Committee rooms’.

 

Add a third recommendation – 3) that scrutiny is given the opportunity to scrutinise the proposals brought forward before any firm decision is taken regarding recommendations 1 and 2 above.

 

Councillor Monahan seconded the amendment.

 

Following a request by 10 Members for a recorded vote on the amendment, there voted –

 

For the motion (24)

 

Councillors Ball, Beer, Bowyer, Mrs Bowyer, Browne, Churchill, Darcy, Mrs Dolan, Foster, Mrs Foster, Fry, James, Jordan, Martin Leaves, Mike Leaves, Sam Leaves, Monahan, Nicholson, Mrs Nicholson, Mrs Pengelly, Ricketts, Dr Salter, Stark, Wigens.

 

Against the motion (29)

 

Councillors Mrs Aspinall, Bowie, Casey, Coker, Damarell, Philippa Davey, Evans, Fox, Gordon, Haydon, Jarvis, Lowry, McDonald, Murphy, Nelder, Parker, Penberthy, Rennie, Singh, John Smith, Peter Smith, Stevens, Jon Taylor, Kate Taylor, Tuffin, Tuohy, Vincent, Wheeler, Williams.

 

Abstentions (0)

 

Not voting (1)

 

The Lord Mayor

 

The amendment was declared lost.

 

The original proposal was then put to the vote.

 

Agreed –

 

(1)

the webcasting of meetings in the Council Chamber, initially as a pilot for one year;

 

(2)

Permit the use of mobile phones/electronic communication devices at meetings in silent mode, unless the person presiding at the meeting rules (with reasons) that the use of such devices is not conducive to the proper running of the meeting.  Further, that all calls or voice messages must be made or taken outside of the meeting room.

 

20b

Increasing opportunities for local suppliers pdf icon PDF 33 KB

Minutes:

Councillor Lowry (Cabinet Member for Finance) presented the report of the Assistant Director for Democracy and Governance on increasing opportunities for local suppliers and recommended the proposal contained within the report to Council.

 

Councillor McDonald seconded the motion.

 

During the debate Councillor Mike Leaves made a request that the tendering process should be reviewed.  Councillor Lowry assured Councillor Mike Leaves that his request would be given consideration.

 

Agreed to widen access for local suppliers to its low value/low risk contracts by increasing the contract value to £100,000 and requiring two written quotations from a local supplier, rather than one.  The Contract Standing Order 17.1 would therefore be amended a set out in the report.

 

20c

Constitutional changes relating to Standards pdf icon PDF 188 KB

Minutes:

The Assistant Director for Democracy and Governance presented the report on constitutional changes relating to Standards and Councillor Evans proposed the recommendations contained within the report to Council.

 

Councillor Smith seconded the motion.

 

Agreed that in respect of the Council standards regime, pending the creation of a locally created scheme -

 

(1)

the Council’s Standards Committee is replaced with an informal standards advisory group of six members with three members from each political group;

 

(2)

the present code of conduct as amended is maintained as an interim measure from 1 July 2012;

 

(3)

the post of independent person be advertised (with no remuneration) with consideration being given to appointing a monitoring officer from an authority within Devon or Cornwall on a reciprocal basis;

 

(4)

 

the Monitoring Officer be instructed to draft a revised code of conduct in consultation with the constitution review group and group chief whips.

 

20d

The Leader's Scheme of Delegation for Executive Functions pdf icon PDF 32 KB

Additional documents:

Minutes:

The Leaders Scheme of Delegation for Executive Functions was noted.

 

21.

QUESTIONS BY COUNCILLORS

Questions to the Leader, Cabinet Members and Committee Chairs covering aspects for their areas of responsibility or concern by councillors in accordance with Part B, paragraph 12 of the Constitution.

Minutes:

In accordance with Part B, paragraph 12 of the Constitution, the following questions were asked of the Leader, Cabinet members and Committee Chairs covering aspects for their area of responsibility –

 

 

From

To

Subject

1

Councillor Mrs Pengelly

Councillor Vincent

Please update the Council about the bid for QE2 park and the protection offered by Jubilee Status?

 

Councillor Vincent had requested a meeting with officers to discuss this important issue.  He was aware that it was a complex project and wanted to ensure that members of that public could gained maximum benefit.

 

2

Councillor Fry

Councillor Vincent

Please update the Council on your position with regard to supporting the South West Devon Waste Partnership.

 

 

Councillor Vincent advised that the Partnership would be supported in the best way possible.  No further comment would be made due to the fact that the decision was currently being considered by the courts.

3

Councillor Mike Leaves

Councillor Vincent

Do you intend to continue to provide a new MRF facility for 2014?  Where is the funding for the project coming from?

 

Councillor Vincent advised that he had spoken to officers on the matter and was currently awaiting final proposals. Councillors would be kept fully informed of progress.

4

Councillor Sam Leaves

Councillor Vincent

Would the glass recycling doorstep collection continue and where would the funding come from?

 

Councillor Vincent advised that the pilot would continue and that like all pilot projects the outcome will be reviewed and if successful enough would continue and be extended.  Councillor Vincent undertook to provide Councillor Sam Leaves with information on how the project had been funded.

5

Councillor Jordan

Councillor Vincent

Are the new refuse vehicles working well and providing good value to the public?  Where has the funding for these vehicles come from?

 

Councillor Vincent advised that he had received no feedback to say that the vehicles were not working.  Councillor Vincent reminded Councillor Jordan that he was sure he would know about the finances due to his previous position on the Cabinet.

6

Councillor Darcy

Councillor Vincent

Do you intend to continue the refurbishment of West Hoe Pier?  Where is the funding coming from?

 

Yes, work has already started on the pier and will progress.  The project was funded as part of the Capital Programme.

7

Councillor Mrs Nelder

Councillor Coker

Please update the Council on the progress of the Traffic Regulation Order preventing a left turn from Laira Bridge Road into Heles Terrace which has been causing problems for residents since the road layout had changed in September.

 

Councillor Coker advised that a delegated decision would be signed later that week.  Officers had been tasked to investigate the situation and that Councillor Nelder would receive a full written report on the process so far.

8

Councillor Churchill

Councillor Vincent

Please provide assurance that the waste project team would be recognised for their awards at the next meeting of full council.

 

Councillor Vincent provided assurance that the recognition would be given at the next meeting of the  ...  view the full minutes text for item 21.

22.

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.