To approve and sign as a correct record the minutes of the meeting held on 24 February 2014.   

Agreed that the minutes of the meeting held on 24 February 2014 are confirmed.

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.

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 –

The Assistant Director for Law, Democracy and Governance will submit a schedule of vacancies on committees, outside bodies etc and of changes notified to us.

The City Council noted the following change in membership notified to the Assistant Director for Law, Democracy and Governance –

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

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

The Lord Mayor –

Councillor Evans (Council Leader) -

Cllr Vincent (Cabinet Member for Environment) -

Cllr Williams (Cabinet Member for Children and Young People) -

Cllr Coker (Cabinet member for Transport) announced that the results of the consultation on the parking review undertaken in October 2013, had been published on the Council’s website.

Cllr Penberthy (Cabinet Member for Co-operatives and Community Development) gave an update on the work relating to  ...  view the full minutes text for item 106.

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.

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.

Councillor Lowry responded as follows and in the absence of Mr Sharpe. the response would be sent to him following the meeting –

Cabinet Member: Councillor Evans (Council Leader)

The report to be considered at Cabinet on 25 March 2014 will be submitted.  The minute of Cabinet will be published following the meeting.  

Councillor Evans (Council Leader) presented a refresh of the Local Economic Strategy for adoption (Cabinet minute 120 referred).  Members also considered the Cabinet report together with the draft strategy and were advised that a summary document was also available.

The proposal was seconded by Councillor Lowry (Cabinet Member for Finance). 

During the debate reference was made to the transport infrastructure, with particular reference to the Forder Valley Road link road, and members were advised that the scheme had been identified as a priority for funding by the Heart of the South West Local Transport Board.   

Following some personal remarks, the Lord Mayor reminded members to have respect for each other and to address others with politeness. 

The members thanked David Draffan and the Economic Development Team for their work, with particular reference to Stephen Bashford who had led the work on the refresh.

Following a vote, agreed to adopt Plymouth’s Local Economic Strategy.

Cabinet Member: Councillor Vincent (Cabinet Member for Environment)

The report to be considered at Cabinet on 25 March 2014 will be submitted.  The minute of Cabinet will be published following the meeting.  

Councillor Vincent (Cabinet Member for Environment) presented the Statement of Licensing Policy, including the Cumulative Impact Policy for adoption (Cabinet minute 119 referred).  Members also considered the Cabinet report.

Councillor Vincent highlighted the changes to the policy including - 

The proposal was seconded by Councillor Rennie.

An amendment was moved by Councillor Dr Mahony and seconded by Councillor Darcy to defer consideration of the item to the next meeting of the City Council, as the papers for this item had arrived late and the Conservative Group had not had an opportunity to debate them in their group meeting.

Councillor Peter Smith indicated that the Cabinet report had been available on the Council’s website since 18 March 2014.

Following a request from Councillor Nicholson, Mr Shepperd (Deputy Monitoring Officer) confirmed that he had received representations from members of the opposition group with regard to the lateness of the papers and the number of supplements for the City Council meeting today.  

During the debate, members were reminded of the IT equipment provided to them and that they had the opportunity to take up IT training as required. 

The Lord Mayor asked that the Head of ICT reissue to all councillors, the policy listing the IT equipment that was available to councillors.

Following the debate and a request from ten councillors for a recorded vote, there voted –

For the amendment (20)

Councillors  Mrs Beer, Bowyer, Mrs Bowyer, Churchill, Darcy, Drean, Foster, Mrs Foster, Jordan, Martin Leaves, Michael Leaves, Sam Leaves, Dr Mahony, Monahan, Nicholson, Mrs Nicholson, Ricketts, Dr Salter, Stark and Wigens.

Against the amendment (31)

Councillors Mrs Aspinall, Bowie, Casey, Damarell, P. Davey, S Davey, Mrs Dolan, Evans, Fox, Gordon, Jarvis, Lowry, McDonald, Morris, Murphy, Mrs Nelder, Parker, Penberthy, Rennie, Singh, J. Smith, P. Smith, Stevens, J. Taylor, K. Taylor, Tuffin, Tuohy, Vincent, Wheeler, Williams and Wright.

Abstentions (1)

Lord Mayor (Chair).

The following members were absent (5)

Councillors Ball, Coker, Fry, Haydon and James.  

The Lord Mayor reported that the amendment was not agreed.

Councillors continued to debate the substantive motion and the issues raised included –

Following the debate and a request from ten councillors for a recorded vote, there voted –

For the motion (31)

Councillors Mrs Aspinall, Bowie, Casey, Damarell, P. Davey, S Davey, Mrs Dolan, Evans, Fox, Gordon, Jarvis, Lowry, McDonald, Morris, Murphy, Mrs Nelder, Parker, Penberthy, Rennie, Singh, J. Smith, P. Smith, Stevens,  ...  view the full minutes text for item 109.

Cabinet Member: Councillor Evans (Council Leader)

The report to be considered at Cabinet on 25 March 2014 will be submitted.  The minute of Cabinet will be published following the meeting.

Councillor Evans (Council Leader) presented the Cabinet recommendation seeking Council’s approval to delegate authority to the Leader to add schemes and remove schemes from the capital programme and determine the priority of all schemes in the programme, provided that the total value of the capital programme as agreed by Council should not be exceeded.  Members also considered the Cabinet report.

The proposal was seconded by Councillor Lowry (Cabinet Member for Finance).

Councillor Bowyer moved and Councillor Darcy seconded a proposal to amend recommendation (1) as follows - 

The Deputy Monitoring Officer confirmed that the amendment was in order.

Following a request for the amendment to be put in writing, the City Council agreed a short adjournment.     

The City Council reconvened and Councillor Bowyer indicated that he should be added as a consultee to provide transparency and openness.  Following a debate, the amendment was put to the vote and the Lord Mayor reported that the amendment was not agreed.

Following a debate on the substantive motion, the motion was put to the vote. 

The motion was agreed as follows –

The City Council will receive the recommendation of the Lord Mayor’s Selection Committee from Councillor Evans (Chair of the Committee), prior to the Annual Meeting, in accordance with Article 5.1.1 of the Council’s Constitution.

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 4 referred).   

The proposal was seconded by Councillor Peter Smith.

Following a vote, agreed that the nomination of Councillor Fox as Lord Mayor designate for 2014/15 is forwarded to the Council’s AGM.

At the invitation of the Lord Mayor, Councillor Fox responded and thanked members for the nomination. He indicated that in his opinion, the role of the Lord Mayor was to promote Plymouth and improve the life of Plymouth’s citizens which had also been his aims as a former Chief Officer of the City Council and now as an elected councillor.

To receive an update and recommendations from the Appointments Panels held on 20 and 31 March 2014.

Councillor Evans (Chair of the Appointments Panel) provided an update on the decision of the Appointments Panel held on 20 March 2014 relating to the post of Director of Public Health and the process for the recruitment and dismissal of staff reporting direct to the post holder. Councillor Peter Smith seconded the proposals.

Following a vote, agreed to –

The Chief Executive will submit a report on the pay policy statement.

Councillor Smith (Deputy Leader) presented the recommendations of the Chief Executive and Head of Paid Service contained in the report to Council on an amendment to the Pay Policy Statement 2014/15.  The City Council was advised that since the approval of the 2014/15 Pay Policy Statement in January 2014, it had been recognised that there was a gap in relation to temporary and interim staff which needed to be amended.

The proposal was seconded by Councillor Evans (Council Leader).

Councillor Bowyer moved an amendment to add an additional recommendation as follows -

The City Council agreed a short adjournment whilst the amendment was printed and circulated.  

The City Council reconvened and Councillor Bowyer presented the amendment.

Following a point of order, the Deputy Monitoring Officer reminded members that the discussion should be confined to the pay policy and that reference should not be made to individuals in the public part of the meeting.    

Councillor Bowyer continued and indicated that, in his opinion, members should be involved in all director and assistant director level appointments and those where salaries were likely to be in excess of the pay policy statement. 

The amendment was seconded by Councillor Nicholson.

During the debate on the amendment, reference was made to the lateness of reports. 

During the debate the Lord Mayor reminded members about their behaviour.

Following a vote, the Lord Mayor reported that the amendment was not agreed.

Councillor Evans summed up the substantive motion.

Following a request from ten councillors for a recorded vote, there voted –

For the motion (31)

Councillors Mrs Aspinall, Bowie, Casey, Coker, Damarell, P. Davey, S Davey, Evans, Fox, Gordon, Jarvis, Lowry, McDonald, Morris, Murphy, Mrs Nelder, Parker, Penberthy, Rennie, Singh, J. Smith, P. Smith, Stevens, J. Taylor, K. Taylor, Tuffin, Tuohy, Vincent, Wheeler, Williams and Wright.

Against the motion (17)

Councillors  Mrs Beer, Bowyer, Mrs Bowyer, Churchill, Darcy, Foster, Mrs Foster, Jordan, Martin Leaves, Michael Leaves, Sam Leaves, Dr Mahony, Monahan, Nicholson, Mrs Nicholson, Dr Salter and Wigens.

Abstentions (1)

Lord Mayor (Chair).

The following members were absent (8)

Councillors Ball, Mrs Dolan, Drean, Fry, Haydon, James, Ricketts and Stark.  

The motion was agreed as follows –

the amended pay policy statement for 2014/15 is approved, to improve transparency in respect of arrangements for staff engagement under contracts for services and  relevant data for 2013/14 is noted in compliance with the Council’s amended policy statement.

The motion will be proposed by Councillor Nicholson and seconded by Councillor Mrs Beer.

Councillor Nicholson proposed and Councillor Mrs Beer seconded the following motion -

During the debate, the issues raised included -

Councillor Rennie moved and Councillor Evans seconded that the vote was taken. Following a vote, the motion was carried. Councillor Nicholson summed up and the vote was taken on the main motion.

The motion was agreed and the Portfolio Holder for the Environment is requested to consider an appropriate policy response to the issue of garden grabbing and to consider the provisions of the National Planning Policy Framework paragraph 53 in the preparation of the Plymouth Plan.

Councillor Jon Taylor proposed and Councillor McDonald seconded the following motion –

During the debate, the issues raised included -

Following a vote, the motion was agreed and the City Council calls upon the government to immediately review the regressive step (of closing the Independent Living Fund by June 2015) and look at ways of safeguarding the Independent Living Fund; a fund which is valued and relied upon by many severely disabled people in Plymouth.

(Councillor Michael Leaves having declared an interest in the above item, withdrew from the meeting during consideration of the item.)

Councillor Sam Leaves proposed and Councillor Mrs Bowyer seconded the following motion –

Councillor Coker proposed and Councillor Evans seconded the following amendment –

The Deputy Monitoring Officer confirmed that the amendment was in order.

Councillor Coker advised members that some initiatives had been introduced including 15 minutes’ free parking in the West End and a 30 minute shopper’s tariff.  The officers had had continuing discussions with the business community and the final document would form a parking strategy which required a considered approach.

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

Following the debate and a request from ten councillors for a recorded vote, there voted –

For the amendment (31)

Councillors Mrs Aspinall, Bowie, Casey, Coker, Damarell, P. Davey, S Davey, Evans, Fox, Gordon, Jarvis, Lowry, McDonald, Morris, Murphy, Mrs Nelder, Parker, Penberthy, Rennie, Singh, J. Smith, P. Smith, Stevens, J. Taylor, K. Taylor, Tuffin, Tuohy, Vincent, Wheeler, Williams and Wright.

Against the amendment (14)

Councillors  Mrs Beer, Bowyer, Mrs Bowyer, Darcy, Foster, Mrs Foster, Jordan, Martin Leaves, Michael Leaves, Sam Leaves, Dr Mahony, Monahan, Nicholson and Mrs Nicholson.

Abstentions (1)

Lord Mayor (Chair)

The following members were absent (11)

Councillors Ball, Churchill (Vice Chair), Mrs Dolan, Drean, Fry, Haydon, James, Ricketts, Dr Salter, Stark and Wigens.  

The Lord Mayor reported that the amendment was agreed.

Councillor Sam Leaves summed up the substantive motion, as amended.

Following a vote, the motion was agreed and the City Council recommends that a decision is made at the July 2014 Cabinet meeting to enable proper consideration of the consultation responses.

During the above item and following a proposal from Councillor Peter Smith and seconded by Councillor Rennie, it was agreed to amend Council Procedure Rule 10 to extend the time for adjournment from 7.30pm to 8.30pm to conclude the business for the meeting. 

The Assistant Director for Law, Democracy and Governance will submit for approval, the draft Calendar of the Council and Committees for 2014/15, up to the next Annual General Meeting of the Council.

Councillor Peter Smith (Deputy Leader) proposed and Councillor Kate Taylor seconded the draft Calendar of Meetings of the Council and Committees for 2014/15 for approval. 

Members were asked to slip the Planning Committee scheduled for 11 September 2014 by a week to avoid a clash with the pre Council Conservative Group.   Also concern was expressed at the Planning Committee scheduled for the week before the City Council elections in 2015.

Following a vote, agreed that the Calendar of Meetings of the Council and Committees 2014/15, subject to further consideration by Councillor Peter Smith of the points raised.

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).

Councillor Evans presented the written report on urgent Cabinet and key decisions taken since May 2013.

The report was noted subject to the amendment of the date of Cabinet to 10 December 2013 for the decision on Future Accommodation Requirements.

(With the agreement of the City Council, the Chair amended the order of business as set out 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(s)1of 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 1 of Part 1 of Schedule 12A of the Act, as amended by the Freedom of Information Act 2000.

To receive a report from the Assistant Director of Law, Democracy and Governance as Monitoring Officer.

The City Council considered the statutory report of the Council’s Monitoring Officer under Section 5 of the Local Government and Housing Act 1989.

The report referred to the process of appointing chief officers and suggested that some appointments had taken place without reference to the legislative framework and the Council’s Pay Policy.

Tracey Lee (Chief Executive and Head of Paid Service) presented the response together with a draft action plan which had been amended following the Appointments Panel held on 31 March 2014.  The Chief Executive was supported in presenting the response by Denis Cooper one of the country’s leading local government solicitors, who is a Consultant with Eversheds Solicitors.  During his presentation to the Council, Mr Cooper advised that –

The Chief Executive and Denis Cooper responded to questions from members on technical and legal issues.  

Councillor Evans (Council Leader) proposed and Councillor Peter Smith (Deputy Leader) seconded the recommendations of the Chief Executive and Head of Paid Service in response to the report of the Monitoring Officer.

Cllr Bowyer moved and Councillor Nicholson seconded the following amendment to recommendation (2) -

The meeting adjourned for a short period for the  ...  view the full minutes text for item 121.

During the above item and following a proposal from Councillor Evans and seconded by Councillor Bowyer, it was agreed to waive Council Procedure Rule 10 to enable the conclusion of the business on the agenda.

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.