Agreed that the usual order of business is changed to that set out in the Council agenda, so that the Lord Mayor’s announcements can be heard at the start of the meeting. 

The Lord Mayor –

To approve and sign, as a correct record, the minutes of the special and ordinary meetings of the City Council held on 15 September 2014.

Agreed the minutes of the special and ordinary meetings of the City Council held on 15 September 2014.

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.

David Shepperd (Head of Legal Services) reported that some councillors had private interests in agenda item 14 (minute 49 referred), as members of the Local Government Pension Scheme  and that it was not necessary to make individual declarations in relation to that item.

There were no other declarations of interest made by councillors in accordance with the code of conduct in relation to items under consideration at this meeting.

The Head of Legal Services will submit a schedule of vacancies on committees, outside bodies etc and of changes notified to us.  

The report of the Head of Legal Services was submitted. 

Agreed that –

(a)        To receive announcements from the Chief Executive, Assistant Director for Finance or Head of Legal Services;

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

The Leader -

Councillor Tuffin referred to the new standards for home care in Plymouth and made particular reference to the work with the NEW Devon Clinical Commissioning Group to improve standards in domiciliary care.  He thanked and congratulated the Joint Commissioning Team on their work.

Councillor Penberthy referred to the Plan for Homes and indicated that progress would be reported to the Working Plymouth Scrutiny Panel shortly.  He announced that the affordable housing loans facility was now available and that applications would be welcomed from registered providers, partners, housing co-operatives and the community land trust to support affordable homes in Plymouth.  

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 was submitted by a member of the public for this meeting, in accordance with Part B, paragraph 11 of the Constitution.

Alderman Bishop attended the meeting and asked his question.

Councillor Coker responded as set out below (which had been amended from the response printed in the order of proceedings for the meeting) - 

Cabinet Members: Councillor Coker (Cabinet Member for Transport) and Councillor Lowry (Cabinet Member for Finance).

The City Council will be asked to add the Tamar Bridge Office Development to the Tamar Bridge and Torpoint Ferry Joint Committee’s capital programme with a budget of £3.33million.

The minute of Cabinet held on 21 October 2014 will be submitted together with the report considered at Cabinet.

Councillor Coker (Cabinet Member for Transport) presented the Tamar Bridge Office development proposal for addition to the Tamar Bridge and Torpoint Ferry Joint Committee’s capital programme. (Cabinet minute 57 refers). Councillor Wheeler seconded the proposal.

Councillor Evans proposed and Councillor Stevens seconded the following amendment -

Councillor Coker indicated that he was happy to accept the amendment as the suggestion to remove tolls which had been made in the press by a UKIP Parliamentary Candidate would require an alternative source of income to be found.

Following a request from ten councillors for a recorded vote, the vote was –

For the motion (50)

Councillors  Mrs Aspinall , Ball, Mrs Beer, Bowie, Bowyer, Mrs Bowyer, Churchill, Coker, Damarell, Darcy, P. Davey , S Davey , Downie, Drean, Evans, Foster, Mrs Foster, Fry, Hendy, James, Jarvis, Jordan, Martin Leaves, Michael Leaves, Sam Leaves, Lowry, Dr Mahony, McDonald,  Morris, Murphy (Deputy Lord Mayor), Mrs Nelder, Nicholson, Mrs Nicholson, Parker Delaz Ajete, Penberthy, Mrs Pengelly, Rennie, Dr Salter, Singh,  J. Smith, P. Smith, Sparling, Stark, Stevens, J. Taylor, K. Taylor, Tuffin, Tuohy, Vincent and Wheeler.

Against the motion (0)

Abstentions (4)

Councillors Mrs Bridgeman, Casey and Riley.

The Lord Mayor did not vote.

The following members were absent (3)

Councillors Ricketts, Storer and Wigens.

The amendment was agreed.

Councillor Coker summed up on the substantive motion and following a request from ten councillors for a recorded vote, the vote was –

For the motion (51)

Councillors  Mrs Aspinall , Ball, Mrs Beer, Bowie, Bowyer, Mrs Bowyer, Casey, Churchill, Coker, Damarell, Darcy, P. Davey , S Davey , Downie, Drean, Evans, Foster, Mrs Foster, Fry, Hendy, James, Jarvis, Jordan, Martin Leaves, Michael Leaves, Sam Leaves, Lowry, Dr Mahony, McDonald,  Morris, Murphy (Deputy Lord Mayor), Mrs Nelder, Nicholson, Mrs Nicholson, Parker Delaz Ajete, Penberthy, Mrs Pengelly, Rennie, Dr Salter, Singh,  J. Smith, P. Smith, Sparling, Stark, Stevens, J. Taylor, K. Taylor, Tuffin, Tuohy, Vincent and Wheeler.

Against the motion (0)

Abstentions (3)

Councillors Mrs Bridgeman and Riley.

The Lord Mayor did not vote.

The following members were absent (3)

Councillors Ricketts, Storer and Wigens.

The motion as amended was carried and it wasAgreed that –

Cabinet Member: Councillor Lowry (Cabinet Member for Finance)

The City Council will be asked to approve the revised capital budget for 2014 – 2018 of £210.154 million.

The minute of Cabinet held on 11 November 2014 will be submitted together with the report considered at Cabinet.

Councillor Lowry (Cabinet Member for Finance) presented the Capital and Revenue Monitoring Report 2014/15 (Cabinet minute 71 referred) and proposed the revised capital budget for 2014 – 2018 for approval.

Councillor Tuffin seconded the proposal.

Councillor Bowyer asked Councillor Lowry to consider a master plan for the next six months to address the budget gap and Councillor Lowry drew councillors’ attention to the action plan that was included within the Cabinet report.     

The report was noted.

Agreed the revised capital budget for 2014 – 18 of £210.154m.  

Chair of the Co-operative Scrutiny Board: Councillor James.

The City Council will be asked to note the Annual Scrutiny Report 2013/14. 

Councillor James (Chair of the Co-operative Scrutiny Board) presented the Annual Scrutiny Report 2013/14 (Co-operative Scrutiny Board minute 57 referred) and thanked chairs, members and co-optees of the panels.  He also referred to the contribution made by Councillor Mrs Aspinall and thanked her for her work.

Councillor Mrs Aspinall responded and also thanked all the scrutineers.

The Annual Scrutiny Report 2013/14 was noted.

Chair of the Co-operative Scrutiny Board: Councillor James.

The City Council will be asked to approve the new terms of reference for the panels and incorporate them into the constitution.

The minute of the Co-operative Scrutiny Board held on 22 October 2014 will be submitted together with a report of the Chair of the Co-operative Scrutiny Board to the City Council.

Councillor James (Chair of the Co-operative Scrutiny Board) presented the revised terms of reference for overview and scrutiny for approval (Co-operative Scrutiny Board minute 70 referred) and indicated that they would enable the board and the panels to be more efficient and effective with a focus on transformation.  Councillor Mrs Aspinall seconded the proposal.

Agreed the new terms of reference for the Co-operative Scrutiny Board and the co-operative scrutiny panels and incorporate them into the constitution.

Chair of the Audit Committee: Councillor Wheeler

Cabinet Member: Councillor Lowry (Cabinet Member for Finance)

The City Council will be asked to note the Treasury Management annual report for 2013/14 (as required by CIPFA Treasury Management Code of Practice – note 6 refers).

The draft minute of the Audit Committee held on 25 September 2014 will be submitted together with the report considered at the Audit Committee.

Councillor Wheeler (Chair of the Audit Committee) presented the Annual Report on Treasury Management Activities for 2013/14 (Audit Committee minute 26 referred) which required Council approval in accordance with the Code of Practice for Treasury Management.  He also referred to the table on Incremental Impact of Capital Investment Decisions (page 101 of the agenda papers referred) and reported there was a typographical error in the heading which should be amended from ‘£m’ to ‘£’.   

The Annual Report was noted, with the amendment.

There were no motions for consideration.  

Cabinet Member: Councillor Peter Smith (Deputy Leader)

Giles Perritt (Assistant Chief Executive) will submit a report seeking approval of the recommended discretions following the introduction of the new Local Government Scheme Regulations (Local Government Pension Scheme) 2014 on 1 April 2014 as they apply to current scheme members, employees eligible for scheme membership or previous scheme members and to amend the following policy documents accordingly -

Councillor Peter Smith (Deputy Leader) proposed and Councillor Lowry seconded the recommendations in the report of the Assistant Chief Executive on employer discretions following the introduction of the new Local Government Scheme Regulations (Local Government Pension Scheme) 2014 on 1 April 2014.

Councillor Bowyer sought clarification of the position of councillors’ interests as members of the scheme and the Lord Mayor indicated that the matter had been dealt with at the beginning of the meeting and that no individual declarations were necessary.

Agreed the recommended discretions as they apply to current scheme members, employees eligible for scheme membership or previous scheme members and to endorse the following policy documents and guide as submitted, to give effect to the changes set out in the report –

The Head of Legal Services will submit a report informing the Council of the Leader’s decision to make changes to the Cabinet and the scheme of delegation for executive functions.

Councillor Evans (Council Leader) presented his revision to the Cabinet Membership and the Leader’s Scheme of Delegation and welcomed Councillor Jon Taylor to the Cabinet.

The report was noted.

Giles Perritt (Assistant Chief Executive) will submit a report asking the City Council to consider a revision to the key decision threshold, from £500,000 to £1 million in relation to savings.

Councillor Peter Smith (Deputy Leader) proposed and Councillor Stevens seconded the recommendations in the report of the Assistant Chief Executive on the key decision financial threshold for savings.  The Council was advised that the proposals had been approved by the Constitutional Review Group and Councillor James (Chair of the Co-operative Scrutiny Board) and Cabinet Members had also been consulted,

Agreed to –

Giles Perritt (Assistant Chief Executive) will submit a report seeking approval of a protocol on the use of filming, photography, recording and the use of social media at Council meetings and to amend the constitution accordingly.

Councillor Peter Smith (Deputy Leader) proposed and Councillor Stevens seconded the recommendations in the report of the Assistant Chief Executive on filming, photography, recording and use of social media at public meetings of the Council.

Councillor Darcy moved the following amendment –

David Shepperd (Head of Legal Services) clarified the amendment indicating that the first paragraph would replace recommendations (1) and (2) and the second paragraph was the reason for the amendment.  This was agreed by Councillor Darcy.

In response to a point of order by Councillor Stevens, he also confirmed that he was satisfied that the report considered by the Constitution Review Group was a lawful report.

Councillor Darcy reported that he was moving the amendment because he felt that there was not enough detail in front of councillors in order to make a decision particularly in relation to the timeframe, officer contact details, and the use of mobile devices by officers.  He also referred to Home Office Guidance which indicated that no permission was required for filming.   

Councillor Jordan seconded the amendment.

During the debate, the issues raised included that - 

Following a vote, the amendment was not agreed.

During the debate on the main motion, the issues raised included that - 

Following a vote, Agreed to –

Tracey Lee (Chief Executive) and Carole Burgoyne (Strategic Director for People) will submit a report setting out proposals for changes within the People Directorate’s organisational structure as a result of the aggregated effects of the four projects within the Integrated Health and Wellbeing Programme (IHWB) of the Transformation Programme.

It also seeks to designate the Assistant Director for Finance as Section 151 Officer and the Head of Legal Services as Monitoring Officer in light of the changes created by the senior management restructure.

The Chief Executive introduced her joint report with the Strategic Director for People on the senior management restructure People Directorate and designation of Monitoring Officer and Section 151 Officer.

Councillor Evans (Council Leader) proposed and Councillor Peter Smith (Deputy Leader) seconded the recommendations in the report.

Agreed to –

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.

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 -