Agenda and minutes

City Council - Monday 22 June 2015 2.00 pm

Venue: Council House (Next to the Civic Centre), Plymouth

Contact: Nicola Kirby  Email: nicola.kirby@plymouth.gov.uk

Media

Items
No. Item

9.

MINUTES pdf icon PDF 156 KB

To approve and sign the minutes of the meeting held on 23 March 2015 and the Council’s Annual Meeting held on 22 May 2015, as a correct record.

Additional documents:

Minutes:

Agreed the minutes of the meeting of the City Council held on 23 March 2015 and the Annual Meeting held on 22 May 2015, subject to the addition of two apologies at the Annual Meeting by Councillors Deacon and Kelly. 

10.

DECLARATIONS OF INTEREST pdf icon PDF 33 KB

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 by councillors in accordance with the code of conduct in relation to items under consideration at this meeting –

 

Name

Minute Number

Reason

Interest

Councillors Churchill and Tuohy

Minute 19: Ernest Brock Home for Aged Charity

Plymouth Community Homes Board Members as City Council representatives

Disclosable Pecuniary Interest

Councillor Damarell

Minute 11:

Appointments to outside bodies: Plymouth Community Homes 

Employee of Plymouth Community Homes

Disclosable Pecuniary Interest

Councillor Damarell

Minute 19:

Ernest Brock Home for Aged Charity

Employee of Plymouth Community Homes

Disclosable Pecuniary Interest

Councillor Dann

Minute 11:

Appointments to outside bodies: Plymouth Community Homes 

Plymouth Community Homes Board Member in her private capacity

Private

Councillor Dann

Minute 19:

Ernest Brock Home for Aged Charity

Plymouth Community Homes Board Member in her private capacity

Private

Councillors Sam Leaves and Jon Taylor

Minute 17: Government  Announcement on cuts to Public Health         Funding

Employee of NHS

Private

 

11.

APPOINTMENTS TO COMMITTEES, OUTSIDE BODIES ETC pdf icon PDF 52 KB

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

Additional documents:

Minutes:

Agreed –

 

(1)  the following appointments –

 

 

  Committees and Other  Bodies

Membership

Appointments 2015/16

(a)

Devon and Severn Inshore Fisheries and Conservation Authority

One councillor

 

Cllr Kelly

(b)

Estover/Leigham /Mainstone Community Centre Association Management Committee

One councillor

Cllr Fox

 

(c)

Mount Batten Sailing and Water Sports Centre – Board of Directors

Two councillors

Cllr Michael Leaves

Cllr Smith

(d)

Plymouth and Devon Racial Equality Council

One councillor

Cllr Parker-Delaz-Ajete

(e)

Plymouth Centre for Faiths and Cultural Diversity

One councillor

Cllr Dr Salter

(f)

Plymouth Community Homes Board

Two representatives

Cllr Churchill

Cllr Tuohy

Head of Housing Services

(Matt Garrett) authorised to vote on behalf of the Council at the AGM 

(g)

Wolseley CEDT

Two councillors

Cllr Martin Leaves

Cllr Sparling

 

(2)  to defer one vacancy on SACRE;

 

(3)  to note the following changes notified to the Head of Legal Services -

 

 

Committees and other bodies

Change of Memberships

(h)

Co-operative Scrutiny Board

Councillor Sam Davey to replace Councillor Philippa Davey

(i)

Your Plymouth Scrutiny Panel

Councillor Morris to replace Councillor Philippa Davey

(j)

Devon and Cornwall Police and Crime Panel

Councillor Philippa Davey to replace Councillor Penberthy

 

(4)  to note the membership of the following working groups - 

 

 

  Working Group

Membership

(k)

Plymouth Plan Working Group

Councillors Coker (Chair), Bowyer, Evans and Nicholson

(l)

Housing Needs Working Group

Councillors Lowry (Chair), Bowyer, Jordan and Penberthy

 

(Councillors Dann and Damarell declared an interest in part (f) of this item and Councillor Damerell withdrew from the meeting during consideration of this part of the item).

12.

ANNOUNCEMENTS

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

 

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

Additional documents:

Minutes:

The Lord Mayor –

 

(a)

City Council Elections

welcomed the newly elected councillors (Councillors Deacon, Fletcher and Kelly) to their first meeting of the City Council and Councillor Dann on her return to the Council;

(b)

HRH The Princess Royal

reported that he would be welcoming Her Royal Highness The Princess Royal to Plymouth next week to open ‘Genesis’ in Union Street;

(c)

Armed Forces Day

advised councillors that he had attended the ceremonial raising of the Armed Forces Day flag at the Guildhall that morning which would remain flying until the conclusion of all civic and military events and had also presented three veterans’ badges and a children’s prize for the winner of the Armed Forces Day badge competition. The Lord Mayor also referred to the programme of events on the Hoe on 27 June 2015;

(e)

Royal Naval Voluntary Bands Association Festival 2015

indicated that he had been invited to the Royal Naval Volunteer Band Association Festival on the Hoe and hoped to see other councillors at the event on 28 June 2015;

(f)

Queen’s Birthday Honours

 

congratulated two City Council members of staff, Heather Ogburn (a senior education advisor) and Michelle Newman (team manager, children's social care) on their award of an MBE in the Queen’s Birthday Honour’s List in recognition of their work with children and young people.  The Lord Mayor reported that they would be invited to attend a future meeting of the City Council after they had received their awards.

 

Councillor Vincent referred to -

 

(g)

the reduced grass cutting arrangements which had been implemented to meet savings but would also encourage wildlife. He reported that unfortunately officers had not liaised with councillors and that he had reminded them that in future they must brief all councillors on changes to procedures.

 

Councillor Davey referred to -

 

(h)

the atrocities that had been carried out in Srebenica, Bosnia, in July 1995 and that the Council was joining with the campaign ‘Remembering Srebenica’ to condemn genocide and to promise to learn lessons from the atrocious events. 

 

Councillor Jon Taylor referred to –

 

(i)

the good progress of the Council’s apprentices in the Brathay Challenge to find the best apprenticeship team in the country.  The team had made it into the final challenge and had also been chosen as the regional winners.

 

Councillors were asked to help the team by –

 

(1)

joining a citywide epilepsy awareness day on 3rd July 2015 to be known as ‘Big Purple Day’ and to wear something purple to work, bake purple cakes etc;

(2)

fundraising in their wards;

(3)

joining  their Twitter campaign in the lead up to big Purple day and follow hashtags: #BAC15 #PurpleDay;

(4)

using their links to raise awareness of the team to local businesses.

 

13.

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, Ballard House, West Hoe Road, Plymouth, PL1 3BJ, or email to democraticsupport@plymouth.gov.uk. Any questions must be received at least five complete working days before the meeting.

Additional documents:

Minutes:

Four questions were submitted by members of the public for this meeting, in accordance with Part B, paragraph 11 of the Constitution.

Mr Williams attended the meeting and asked the following question.  Councillor Evans responded as set out below -

 

Question No

Question By

Cabinet Member

 

Subject

Q1 (15/16)

Mr John Williams

Councillor Evans (Leader)

Administration of the Council

 

Is it legally compulsory for a local authority to have a controlling group of one party or an alliance, representing a majority of the Authority’s Members, or is it possible for a political group to govern as a minority, and to submit its proposals for approval to the full Council? 

Response

Yes, it is possible for a minority political group to form a minority administration.

 

Mr Aldred attended the meeting and asked the following question.  Councillor Lowry responded as set out below -

 

Question No

Question By

Cabinet Member

 

Subject

Q2 (15/16)

Mr Ryan Aldred 

Councillor Lowry (Cabinet Member for Finance)

Minimum wage

The Trades Union Congress has endorsed a call for a £10 an hour minimum wage which will stimulate the economy from the ground up as people will have more disposable income. Plymouth City Council has implemented a living wage but would this Council join the call for £10 an hour?

 

Response

We’ve already pledged to pay all Plymouth City Council employees a ‘living wage’ and we’re proactively encouraging other local employers to follow suit.

We would be happy to explore ways which, in future, could provide further support for people on the lowest pay. But this needs to be done as part of a national initiative supported by the Government. Instead, the Government is intent on cutting another £12 billion from the welfare budget, the vast majority of which looks set to hit younger people and working families.

Tax-payers in Plymouth and our local businesses, especially small and medium sized enterprises should not be left to subsidise cuts arising from a flawed national welfare policy, especially when the Government itself will not lead by example on a living wage.

 

In the absence of Mr Kerswell, the following question and response were circulated and a written response would be sent to him after the meeting - 

 

Question No

Question By

Cabinet Member

 

Subject

Q3 (15/16)

Mr A Kerswell  

Councillor Lowry (Cabinet Member for Finance)

Funding of Cabinet Member Special Responsibility Allowances

Which budgets have the labour group  plundered to pay for two extra cabinet members at a cost of £41,000 plus per year which had not been budgeted for in either of the two years this has happened and also £5.000 for the extra chair of planning.

Response

 

Costs will be accommodated within existing budgets.

 

Ms Casey attended the meeting and asked the following question.  Councillor Evans responded as set out below -

 

Question No

Question By

Cabinet Member

 

Subject

Q4 (15/16)

Ms Alison Casey

Councillor Evans (Leader)

Appointments to committees and Cabinet.

How can this new political alliance which is made up by the two main political  ...  view the full minutes text for item 13.

RECOMMENDATIONS FROM CABINET AND OTHER COMMITTEES

Additional documents:

14.

Financial Outturn 2014/15 including Capital Programme update pdf icon PDF 53 KB

Cabinet Member: Councillor Lowry.

 

The Cabinet report together with the Cabinet minute of 9 June 2015 will be submitted.

Additional documents:

Minutes:

Councillor Lowry (Cabinet Member for Finance) presented the Cabinet report on the Financial Outturn 2014/15 including capital programme update. (Cabinet minute 7 was also submitted).

 

The recommendations in the report were seconded by Councillor Jon Taylor.   

 

Councillor Lowry, on behalf of the Council, thanked members and officers for their hard work and in response to comments by councillors, undertook to consider –

 

(a)

future large projects where the same contractors were awarded contracts having regard to the risks of skills’ shortages and their capacity to deliver and to advise Councillor Bowyer;

 

(b)

setting out the full capital programme in the report. 

The report was noted.  

15.

Audit Arrangements 2015/16 pdf icon PDF 41 KB

Cabinet Member: Councillor Coker

 

The City Council will consider the recommendation of the Tamar Bridge and Torpoint Ferry Joint Committee.

 

The report which was submitted to the Joint Committee will also be submitted.

Additional documents:

Minutes:

This item was withdrawn from the agenda.

16.

Proposed Changes to Standing Orders in respect of Employment of the Chief Executive, Section 151 Officer and Monitoring Officer pdf icon PDF 81 KB

Cabinet Member: Councillor Smith

 

The City Council will be asked to consider the report of Lesa Annear (Strategic Director for Transformation and Change) on the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015 and to approve amendments to the Council’s Employment Standing Orders to comply with them.

Additional documents:

Minutes:

Councillor Smith (Deputy Leader) presented the proposed changes to Standing Orders in respect of the employment of the Chief Executive, Section 151 Officer and Monitoring Officer for approval, as recommended in the report of Lesa Annear (Strategic Director for Transformation and Change). (Chief Officer Appointments Panel minute 5 was also submitted).

 

The proposals were seconded by Councillor Stevens (Chair of the Constitutional Review Group) who reported that they were supported by the Constitutional Review Group.   

 

Agreed –

 

(1)

to amend the Employment Standing Orders and the Appointments, Appeals and Disciplinary Panels’ terms of reference in the Constitution to comply with the requirements of the new regulations, as shown in the Appendix (highlighted in red).

(2)

to delegate the function of dealing with any disciplinary matters concerning the Chief Executive or Section 151 Officer or Monitoring Officer to the Chief Officer Disciplinary Panel and, where considered appropriate, to make a recommendation for dismissal to Council.

(3)

 

to designate the people who carry out the role of Independent Persons for the Standards Regime as suitable to act as Independent Persons for this purpose, subject to their agreement; and instructs the Monitoring Officer to put suitable arrangements in place.

(4)

that the Assistant Director for Human Resources and Organisational Development takes the necessary action to agree variations to the contracts of employment of the affected staff.

 

MOTIONS ON NOTICE

Additional documents:

17.

Government announcement on cuts to public health funding pdf icon PDF 43 KB

Proposed by Councillor Evans

Seconded by Councillor Bowyer

Additional documents:

Minutes:

Councillor Evans proposed and Councillor Bowyer seconded a motion on the Government announcement on cuts to Public Health funding.

 

The motion was agreed as follows –

 

We call upon the Council and the City’s Members of Parliament to write to the Under Secretary for Public Health [Jane Ellison MP] and the Chancellor of the Exchequer [George Osborne MP] asking that the government reconsider this decision or in taking it forward that they -

 

(1)

ensure transparency in how budget claw-back will take place and use the opportunity it presents to address the inequitable current public health funding allocations by making savings from those local authorities who are funded to levels above their target value and by raising the funding allocation of those below their target value to that value. 

(2)

consider the three health economies identified for additional support by NHS England to be special cases in terms of public health funding allocation and recognise that public health funding and a preventative health approach will be an essential resource to help the local health economies meet the challenges they face in developing sustainable local health systems.

(3)

 

recognise that local authorities should be able to operate in a way that enables them to forward plan to deliver new services and drive forward locally relevant service initiatives to tackle health inequalities and improve the health of their local populations. This may require financial management that delivers an under-spend in any one year and the building of a local financial reserve.

(4)

recognise that reducing funding for public health goes against the aspiration and ambition of the NHS Forward View for increasing investment in prevention

(5)

recognise that local authority public health funding is currently used to commission NHS services [e.g. NHS stop smoking services, sexual health services including hospital based GUM services, school nurses] and as such, the statement that these funding cuts are not related to NHS services is incorrect.

 

(Councillors Sam Leaves and Jon Taylor declared an interest in this item).

18.

AMENDMENTS TO THE CONSTITUTION pdf icon PDF 92 KB

David Shepperd (Head of Legal Services) will submit a report proposing revisions to the Constitution following the senior management restructure; to create a separate part of the Constitution concerning delegations to officers; to include additional information about access to information for ease of reference; to update the Policy Framework to reflect changes in practice; and to include information about the Leader’s scheme of delegation.

Additional documents:

Minutes:

Councillor Smith (Deputy Leader) presented the proposed amendments to the Constitution for approval, as recommended in the report of David Shepperd (Monitoring Officer) subject to the replacement of Part H with the new pages appended to the order of proceedings.

 

The proposals were seconded by Councillor Stevens (Chair of the Constitutional Review Group) who reported that they were supported by the Constitutional Review Group.   

 

Agreedthe constitutional amendments in Appendices A to D of the written report subject to the replacement of Part H with the new pages appended to the order of proceedings.

19.

ERNEST BROCK HOME FOR THE AGED CHARITY pdf icon PDF 54 KB

David Shepperd (Head of Legal Services) will submit a report on a request from the Trustees of the Ernest Brock Home for the Aged Charity for the Council and the Lord Mayor to agree to the release of their respective rights to nominate persons for appointment as trustees, which would enable Plymouth Community Homes to apply to the Charity Commission to be appointed as sole corporate trustee and for the current trustees to retire

Additional documents:

Minutes:

Councillor Penberthy (Cabinet Member for Co-operatives and Housing) presented the proposal for approval, as recommended in the report of David Shepperd (Head of Legal Services), following a request from the trustees of the Ernest Brock Home for the Aged Charity.

 

The proposal was seconded by Councillor Nicholson.   

 

Agreed the grant of consent to release the rights of the Council and the Lord Mayor to nominate persons for appointment as Trustees to the Ernest Brock Home for the Aged Charity.

 

(Councillors Churchill, Damarell, Dann and Tuohy declared an interest in this item and Councillors Churchill, Damerell and Tuohy withdrew from the meeting during consideration of the item).

20.

CHANGES TO THE SENIOR MANAGEMENT STRUCTURE pdf icon PDF 65 KB

Tracey Lee (Chief Executive) will submit a report on a number of changes to the senior management structure following reports to various meetings of the Chief Officer Appointments Panel.

Additional documents:

Minutes:

Councillor Evans (Leader) presented the proposals for changes within the Senior Management Team for approval, as recommended in the report of Tracey Lee (Chief Executive and Head of Paid Service).

 

The proposal was seconded by Councillor Smith.   

 

Agreed –

 

(1)

the proposals for changes to the Senior Management Team as outlined in the report;

(2)

to amend the Council’s constitution to reflect the changes to the senior management team structure.

 

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.

Additional documents:

Minutes:

Questions were asked to the Leader, Cabinet Members and Committee Chairs on the following matters -   

 

 

From

To

Subject

 

1.

Councillor Nicholson

 

Councillor Vincent

Bowling green fees.

Written response to be provided.

2.

Councillor Stevens

 

Councillor Vincent

Use of recycling facilities in Plymouth.

3.

Councillor Jordan

 

Councillor Smith

Plymouth 10k and Half Marathon races.

 

Written response to be provided. 

4.

Councillor Michael Leaves

Councillor Vincent

Cleanliness of public toilets.

5.

Councillor Fry

Councillor Vincent

Grass cutting: concerns re children’s play areas.

6.

Councillor Martin Leaves

 

Councillor Evans

Officer responses to councillors on ward issues, specifically regarding the Central Park Masterplan.

7.

Councillor Michael Leaves

Councillor Vincent

Releasing balloons from Council land.

8.

Councillor Foster

Councillor Vincent

Identification for using Chelson Meadow recycling facility.

9.

Councillor Sam Leaves

 

Councillor Smith

Cross departmental framework to consider applications for events.

10.

Councillor Fry

Councillor Vincent

Refuse bins on pavements.

11.

Councillor Morris

Councillor Vincent

Environment questions from the Conservative Group.

12.

Councillor Stevens

 

Councillor Lowry

Impact of bowling subsidies and other funding requests on the wish for a Council tax freeze.

13.

Councillor Mrs Beer

 

Councillor McDonald

Equality of treatment of children from all backgrounds in schools.

14.

Councillor Evans

 

Councillor Vincent

Proposed lobbying to reinstate the ability of Councils to take action on refuse bins on pavements.

Councillor Vincent undertook to raise the issue with officers.

15.

Councillor Jordan

Councillor Lowry

Council support to sporting facilities.

16.

Councillor Rennie

 

Councillor Vincent

Refuse in back lanes

 

Please note that questions, answers, supplementary questions and supplementary answers are available to view on the webcast of the meeting which can be accessed on the Council’s website at plymouth.gov.uk.