Agenda and minutes
Venue: Council House (Next to the Civic Centre), Plymouth
Contact: Nicola Kirby, Democratic Support Email: nicola.kirby@plymouth.gov.uk
Media
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VICE-CHAIR Additional documents: Minutes: The Lord Mayor reported that the Deputy Lord Mayor would join the council later in the meeting as he was a member of the presenting team for the MJ Awards for the Democratic Services category which was taking place via a video conferencing link.
Agreed that Councillor Mrs Nelder is appointed as vice-chair in the absence of the Deputy Lord Mayor. |
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To approve and sign as a correct record the minutes of the meeting held on 25 February 2013. Additional documents: Minutes: Agreed that the minutes of the meeting of council held on 25 February 2013 are confirmed as a correct record. |
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DECLARATIONS OF INTEREST Councillors will be asked to make declarations of interest in respect of items on this agenda. A flowchart providing guidance on interests is attached to assist councillors. Additional documents: Minutes: The following declarations of interest were made in accordance with the code of conduct from councillors in relation to items under consideration at this meeting –
With regard to minute 107 (Under-Occupancy Bedroom Tax), the Assistant Director for Democracy and Governance advised councillors that the general dispensation for councillors would apply where councillors were in receipt of benefit.
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APPOINTMENTS TO COMMITTEES, OUTSIDE BODIES ETC The Director for Corporate Services will submit a schedule of vacancies on committees, outside bodies etc and of changes notified to us.
Additional documents: Minutes: The report of the Director for Corporate Services was submitted on current vacancies on committees and the council noted that various bodies had ceased.
Agreed that the following appointments are made –
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ANNOUNCEMENTS (a) To receive announcements from the Lord Mayor, Chief Executive, Director for Corporate Services or Assistant Director for Democracy and Governance;
(b) To receive announcements from the Leader, Cabinet Members or Committee Chairs. Additional documents: Minutes: The Lord Mayor advised the council that Councillor Mrs Nelder was recently shortlisted for a Local Government Information Unit Councillor Award in recognition of her 25 years’ service as a councillor with Plymouth City Council. On behalf of the council, he congratulated her on the achievement of the shortlisting and her outstanding 25 years’ service with the council.
Councillor Evans (Council Leader) referred to –
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QUESTIONS BY THE PUBLIC To receive questions from and provide answers to the public in relation to matters which 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, 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. Additional documents: Minutes: Seven questions had been received from members of the public in relation to matters which in the opinion of the Lord Mayor, were relevant to the business of the meeting, in accordance with paragraph 10 of the Constitution.
Mr Aldred (Q8), Mr Taylor- Wickenden (Q10), Dr Alldridge (Q11) and Mr Willcox (Q12) attended the meeting and the Cabinet Members responded as set out below.
In the absence of the questioners for Q9, Q13 and Q14 below, written responses would be sent to Mr Moore, Mr Davey and Mr Fidler as set out below.
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RECOMMENDATIONS FROM CABINET Additional documents: |
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Urban Enterprise - New Enterprise Units at Millfields Trust Cabinet Member: Councillor Evans.
The City Council will be asked to consider the Cabinet recommendation and the report of the Director for Place submitted to Cabinet. Minute 155 (of the Cabinet meeting held on 12 March 2013) refers.
Additional documents:
Minutes: Councillor Evans (Council Leader) presented the Cabinet recommendations for approval and Councillor Peter Smith (Deputy Leader) seconded the proposals (Cabinet minute 155 referred).
Agreed –
(Councillors McDonald, Penberthy and Tuffin declared personal interests in the above item.) |
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Cabinet Member: Councillor Vincent.
The City Council will be asked to consider the Cabinet recommendations and the report of the Director for Place submitted to Cabinet. Minute 165a (of the Cabinet meeting held on 9 April 2013) refers.
The draft Development Plan has been updated since Cabinet to reflect some non material changes.
Additional documents:
Minutes: Councillor Vincent (Cabinet Member for Environment) presented the Cabinet recommendations for approval and Councillor Mrs Nelder seconded the proposals (Cabinet minute 165a referred).
Councillor Ball moved and Councillor Nicholson seconded an amendment as follows which in their opinion, would provide greater powers for the Planning Committee in dealing with houses in multiple occupation (HMO) –
In response to a point of order by Councillor Evans (Council Leader), Councillor Nicholson indicated that he was not a landlord. Where councillors were landlords of property, the Assistant Director for Democracy and Governance advised councillors should have considered the agenda and declared interests as appropriate.
The Assistant Director for Democracy and Governance reported that if the council changed the Cabinet recommendations, that decision would be an in principle decision and that the Leader would have an opportunity to object to it.
Following a request for an adjournment by Councillor Evans to take advice from planning officers, the Lord Mayor adjourned the council meeting.
Following the adjournment and in the absence of the advice from planning officers, it was agreed to defer the item to after the refreshment break.
(See also minute 106 below). |
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Adoption of Community Infrastructure Levy Charging Schedule Cabinet Member: Councillor Vincent.
The City Council will be asked to consider the Cabinet recommendation and the report of the Director for Place submitted to Cabinet. Minute 166a (of the Cabinet meeting held on 9 April 2013) refers.
Additional documents: Minutes: Councillor Vincent (Cabinet Member for Environment) presented the Cabinet recommendations for approval and Councillor Evans (Council Leader) seconded the proposals (Cabinet minute 166a referred).
Agreed that –
At the conclusion of the above item, the Deputy Lord Mayor joined the council meeting in his capacity as vice-chair.
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RECOMMENDATION FROM THE OVERVIEW AND SCRUTINY MANAGEMENT BOARD Additional documents: |
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Restructure of Overview and Scrutiny Chair of the Overview and Scrutiny Management Board: Councillor Mrs Aspinall.
The Lead Scrutiny Officer will submit a report proposing a restructure of the Overview and Scrutiny Management Board and its panels to improve effectiveness. The proposals modernise the Overview and Scrutiny Function and bring them in line with the council’s priorities. This report details the proposed recommendations for consideration at City Council on 22 April 2013 and includes new terms of reference for each panel.
The terms of reference have been amended following the meeting of the Overview and Scrutiny Management Board of 10 April 2013 (minute 136 of the Overview and Scrutiny Management Board is attached).
Additional documents:
Minutes: Councillor Mrs Aspinall (Chair of the Overview and Scrutiny Management Board) presented the written report of the Lead Scrutiny Officer and moved the recommendations in the report, as amended, for approval. The amendments related to the responsibilities of the panels in relation to social enterprise support and child poverty.
Minute 136 of the Overview and Scrutiny Management Board was also presented and Councillor Mrs Aspinall thanked the scrutiny members for their work.
Councillor Tuffin seconded the proposal.
Councillor James moved, and Councillor Bowyer seconded, an amendment as follows –
During the debate on the amendment, issues raised included –
Following a request from ten councillors for a recorded vote, there voted –
For the amendment (22)
Councillors Ball, Mrs Beer, Bowyer, Mrs Bowyer, Churchill, Darcy, Drean, Foster, Mrs Foster, Fry, James, Jordan, Martin Leaves, Michael Leaves, Sam Leaves, Dr Mahony, Nicholson, Mrs Nicholson, Mrs Pengelly, Ricketts, Dr Salter and Stark.
Against the amendment (31)
Councillors Mrs Aspinall, Bowie, Casey, Coker, Damarell, P. Davey, S Davey, Mrs Dolan, Evans, Fox, Gordon, Haydon, Jarvis, Lowry, McDonald, Murphy, Mrs Nelder, Parker, Penberthy, Rennie, Singh (Deputy Lord Mayor), J. Smith, P. Smith, Stevens, J. Taylor, K. Taylor, Tuffin, Tuohy, Vincent, Wheeler and Williams.
Abstentions (1)
The Lord Mayor
The following members were absent (3)
Councillors Browne, Monahan and Wigens.
The amendment was not agreed.
Councillor Mrs Aspinall summed up on the main motion indicating that following discussions last year, neither political group had agreed to abolish the scrutiny panels. She was also disappointed at the number of councillors participating in task and finish groups. With regard to special responsibility allowances, councillors were advised that the Independent Remuneration Panel ... view the full minutes text for item 103. |
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RECOMMENDATION FROM THE LORD MAYOR'S SELECTION COMMITTEE Additional documents: |
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Lord Mayoralty 2013/14 Chair of the Lord Mayor’s Selection Panel: Councillor Evans.
To receive the recommendation of the Lord Mayor Selection Committee, prior to the Annual Meeting, in accordance with Article 5.1.1 of the Council’s Constitution. Additional documents: Minutes: Councillor Evans (Chair of the Lord Mayor’s Selection Committee) presented the recommendation of the Lord Mayor’s Selection Committee (Lord Mayor’s Selection Committee minute 3 refers).
The proposal was seconded by Councillor Fry.
Agreed to recommend to the City Council’s Annual General Meeting, the appointment of Councillor Mrs Pengelly as Lord Mayor for the ensuing year.
Following the decision, Councillor Mrs Pengelly thanked Councillors Fry and Evans for their kind words and everyone who had sent her good wishes. She also thanked the council for their support. |
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MOTION ON NOTICE Additional documents: |
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A Reliable Railway Link for Plymouth To consider a motion proposed by Councillor Dr Salter and seconded by Councillor Drean. Additional documents: Minutes: Councillor Dr Salter moved and Councillor Drean seconded the following motion -
Councillor Dr Salter indicated that although the city’s leaders had written to the government seeking further commitment for funding, he felt that Plymouth needed to be more assertive in expressing their views.
Councillor Evans (Council Leader) moved and Councillor Coker seconded an amendment as follows –
During the debate, issues raised included -
Councillor Dr Salter welcomed the amendment.
Councillor Evans in summing up stressed the urgency of the situation and the need to convey to the government what the south west did and what Plymouth did for the south west. He was due to meet the minister and his position would be strengthened with a united council, united Devon and united south west.
Following a vote, the amendment was agreed. ... view the full minutes text for item 105. |
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RECOMMENDATION FROM CABINET Additional documents: |
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Development Plan: Adoption of Development Guidelines Supplementary Planning Document: First Review Additional documents: Minutes: Further to minute 101 above, the debate continued on the following amendment to the proposal –
During the debate, issues raised included –
Councilllor Ball in summing up indicated that he was seeking to protect tenants and neighbours through a management plan which would address such issues as behaviour, waste bins and alarms.
Following a vote, the amendment was not agreed.
The debate continued on the main motion and differing views were expressed on the impact of houses in multiple occupation in the community.
During the debate, Councillor Nicholson moved that the vote was taken. The motion was not seconded.
Agreed to –
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MOTION ON NOTICE Additional documents: |
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Under-Occupancy 'Bedroom Tax' To consider a motion proposed by Councillor Penberthy and seconded by Councillor Kate Taylor. Additional documents: Minutes: Councillor Penberthy (Cabinet Member for Cooperatives and Community Development) moved and Councillor Kate Taylor seconded the following motion. During the presentation of the motion, it was moved, seconded and agreed that Councillor Penberthy was given an extension of time to present the motion.
Council therefore believes:
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ADJOURNMENT OF THE MEETING Additional documents: Minutes: In accordance with Council Procedure Rule 10.1, the meeting adjourned at 7.30pm.
Councillor Evans moved, Councillor Rennie seconded and it was agreed that the meeting reconvenes at 5pm tomorrow (23 April 2013). |
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RECONVENED MEETING: VICE CHAIR Additional documents: Minutes: Agreed that Councillor Mrs Nelder is appointed as vice-chair in the absence of the Deputy Lord Mayor.
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MOTIONS ON NOTICE Additional documents: |
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National Minimum Wage To consider a motion proposed by Councillor Evans and seconded by Councillor Tuffin.
Additional documents: Minutes: Councillor Evans moved and Councillor Tuffin seconded the following motion -
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Construction Industry Blacklisting To consider a motion proposed by Councillor Evans and seconded by Councillor Peter Smith.
Additional documents: Minutes: Councillor Evans moved and Councillor Peter Smith seconded the motion as follows –
In moving the motion, Councillor Evans indicated that he was supporting local people and employment. He was aware of issues with some companies and a list of those companies would be provided to the procurement team for them to scrutinise.
During the debate, issues raised included that -
The Assistant Director for Democracy and Governance confirmed that the council always followed procurement law.
Following a request from ten councillors for a recorded vote, there voted –
For the motion (26)
Councillors Bowie, Casey, Coker, Damarell, P. Davey, S Davey, Evans, Fox, Gordon, Haydon, Jarvis, Lowry, McDonald, Murphy, Mrs Nelder, Parker, Penberthy, Rennie, J. Smith, P. Smith, Stevens, J. Taylor, Tuffin, Tuohy, Vincent and Wheeler.
Against the motion (0)
Abstentions (23)
Councillors Ball, Mrs Beer, Bowyer, Mrs Bowyer, Churchill, Darcy, Foster, Mrs Foster, Fry, James, Jordan, Martin Leaves, Michael Leaves, Sam Leaves, Dr Mahony, Nicholson, Mrs Nicholson, Mrs Pengelly, Ricketts, Dr Salter, Stark, Wigens and the Lord Mayor.
The following members were absent (8)
Councillors Mrs Aspinall, Browne, Mrs Dolan, Drean, Monahan, Singh (Deputy Lord ... view the full minutes text for item 111. |
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REVISED COUNCILLORS' CODE OF CONDUCT The Assistant Director for Democracy and Governance will submit a report asking the council to approve a revised code of conduct for councillors.
Additional documents: Minutes: The Assistant Director for Democracy and Governance presented a written report on a revised Councillors’ Code of Conduct.
Councillor Peter Smith (Deputy Leader) moved and Councillor Stevens seconded the recommendations in the written report. The council was advised that the Constitutional Review Group had been consulted on the proposals and that there had been discussion with the political group whips.
Agreed to –
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ESTABLISHMENT OF HEALTH AND WELLBEING BOARD The Assistant Director for Democracy and Governance will submit a report on proposals for the establishment of a statutory Health and Wellbeing Board, in accordance with the provisions of the Health and Social Care Act 2012. The Board will introduce democratic legitimacy to health services, support children, young people and adult services’ joint commissioning through a Joint Health and Wellbeing Strategy and support the integration of public health services into local authorities.
The report will recommend that the council establishes the board as a formal committee.
Additional documents: Minutes: The Assistant Director for Democracy and Governance presented a written report on the establishment of a Health and Wellbeing Board.
Councillor McDonald (Cabinet Member for Public Health and Adult Social Care) moved and Councillor Penberthy (Cabinet Member for Cooperatives and Community Development) seconded the recommendations in the written report. The council was advised that the proposals had been developed with partners.
Agreed -
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REVIEW OF THE COUNCIL'S CONSTITUTION The Assistant Director for Democracy and Governance will submit a report asking the council to consider undertaking a review of the constitution delivering members’ aspirations for improved governance.
Additional documents: Minutes: The Assistant Director for Democracy and Governance presented a written report on a review of the council’s constitution.
Councillor Peter Smith (Deputy Leader) moved and Councillor Stevens seconded the recommendations in the written report. The council was advised that the Constitutional Review Group had been consulted on the proposals
Agreed to–
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PROGRAMME OF ORDINARY MEETINGS OF THE COUNCIL AND COMMITTEES 2013/2014 The Director for Corporate Services will submit for approval, the draft Programme of Ordinary Meetings of the Council and Committees for 2013/14, up to the next Annual General Meeting of the Council.
Additional documents: Minutes: The Assistant Director for Democracy and Governance introduced the draft programme of ordinary meetings of the council and committees for 2013/14. The council was advised that the European elections were likely to move to 22 May 2014 and the government was expected to move local elections to the same date.
Councillor Peter Smith (Deputy Leader) moved and Councillor Evans (Council Leader) seconded the draft programme of ordinary meetings of the council and committees 2013/14 for approval. Councillor Peter Smith confirmed that meetings of the City Council would be held at 2pm and he undertook to review the final cycle of meetings if revised arrangements were announced and bring proposed dates back to the City Council.
Agreedthe programme of ordinary meetings of the council and committees 2013/14 as submitted. |
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REPORT OF THE LEADER ON URGENT CABINET AND KEY DECISIONS The Leader will submit a report on urgent decisions taken by Cabinet for noting (paragraphs 3.5 of the Cabinet Procedure Rules and 18.3 of the Access to Information Rules in the Constitution refer).
Additional documents: Minutes: Councillor Evans presented a written report on urgent Cabinet and key decisions in accordance with the constitution (paragraphs 3.5 of the Cabinet Procedure Rules and 18.3 of the Access to Information Rules referred) relating to –
The report was noted subject to the correction of the decision relating to the co-location with health at Windsor House to replace ‘Client’ with ‘Clinical’ in the second line of the decision. |
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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. Additional documents: Minutes: 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 -
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VOTE OF THANKS Additional documents: Minutes: Councillor Mrs Pengelly (Leader of the Opposition) and Councillor Peter Smith (Deputy Leader) thanked the Lord Mayor for his hard work during the year both as Lord Mayor and for chairing the council meetings.
The Lord Mayor responded and thanked councillors for their support.
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