Agenda and minutes

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:

Webcast for 23.

Minutes:

The Head of Legal Services reported that with regard to agenda item 12 about a Motion on Notice entitled ‘Defending the Right to Strike’, he did not consider that any councillor would need to declare an interest as a police employee or a member of a trade union as the business being discussed did not affect their well-being or financial position. (Minute 32 refers).

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

24.

APPOINTMENTS TO COMMITTEES, OUTSIDE BODIES ETC

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

Additional documents:

Webcast for 24.

Minutes:

The following changes notified to the Head of Legal Services were noted -

	Committee or Outside Body	Membership
(a)	Constitutional Review Group	Councillor Kate Taylor to replace Councillor Damarell
(b)	Licensing Committee	Councillor Jordan to replace Councillor Drean.

Agreed the following appointment–

Outside Body	Appointments 2015/16
North Yard Community Trust	Councillor Kate Taylor to replace Councillor Stevens.

25.

ANNOUNCEMENTS

View the background to item 25.

(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:

Webcast for 25.

Minutes:

The Lord Mayor –

(a)	Her Majesty Queen Elizabeth II congratulated Her Majesty the Queen on becoming the longest reigning monarch on 9 September 2015 and indicated that on behalf of the Council he had sent a letter offering the Council’s congratulations and best wishes for many more years of service to the country and commonwealth;
(b)	Mr Richard Mahony (former councillor) referred to the recent death of his father Mr Richard Mahony who served as a Conservative councillor for the Trelawny Ward from 1983 to 1991. The Lord Mayor thanked everyone who had sent kind messages and condolences to both him and his mother;
(c)	Mr Ernest Alexander Colley (former councillor) reported that Mr Ernest Alexander Colley had recently passed away unexpectedly. Mr Colley had served as a Labour councillor for the Drake Ward from 1991 – 2000. The Lord Mayor indicated that the funeral arrangements would be sent to all councillors and Aldermen as soon as he became aware of them. The Council stood in silence as a mark of respect for the former councillors;
(d)	Filming in the Council House referred to the changes to the Council House and the Reception Room which were as a consequence of the Council House and Civic Centre being used as a set for a film byBritish comedy filmmaker Peter Richardson entitled ‘The Comic Strip Presents…The Red Top!’. Councillors were advised that filming was due to end in early October when the Council House would return to its normal appearance. The Lord Mayor also reminded councillors that the Antiques Roadshow filmed in the Royal William Yard had yet to be shown;
(e)	Success of Plymouth’s Special Olympians congratulated Steven Dodd on his silver medals in the 200m and 500m kayak events and Elizabeth Haywood on her silver medal in the badminton women’s doubles event and for coming fourth in the women’s singles event in the 2015 Special Olympics World Summer Games in Los Angeles. The Lord Mayor advised that the athletes had had an open top bus tour around the city on 14 September which had been followed by a civic reception. The Lord Mayor also acknowledged the tremendous support, hard work and dedication of Alan and Maureen Stockdale who had given continuous support and encouragement throughout and Steven Dodd on behalf of the Special Olympians, addressed councillors and presented flowers and gifts to Alan, Maureen and Adrian Stockdale;
(f)	Royal Town Planning Institute Award for the Plymouth Plan congratulated all those involved in the development of the Plymouth Plan on the award of the National Royal Town Planning Institute Award for Excellence in Plan Making Practice and the South West Regional Planning Award and presented the awards to Jonathan Bell (Head of Development Planning), Richard Grant (Local Planning Team Manager), Hannah Sloggett (Neighbourhood Planning Team Manager) and Caroline Marr (Policy and Business Planning Officer) who were representing everyone involved;
(g)	Observer Ethical Award for Plymouth Energy Community congratulated Plymouth Energy Community on the national award to the city of ... view the full minutes text for item 25.

26.

QUESTIONS BY THE PUBLIC

View the background to item 26.

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:

Webcast for 26.

Minutes:

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

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

Question No	Question By	Cabinet Member	Subject
Q 5 (15/16)	Mr John Seamons	Councillor Evans (Council Leader)	Use of Mobility Scooters
Disability and the use of mobility scooters has increased, whilst many drivers have little/no training causing a danger to themselves and the public. Enforcing speed limits, compulsory training and dealing with offenders appropriately will encourage the sensible use, keeping users and the public safer. What are PCCs plans regarding this?
Response There is no legal requirement for someone to have undertaken training, or undertake any exam, in relation to the use of mobility scooters. The Council encourage all users of mobility scooters take the opportunity to develop their knowledge and skills around the safe use of mobility scooters, for both themselves and other people. Shop Mobility in Plymouth, located within Mayflower East and Drakes Circus car parks, provide mobility scooters and train users before the customer take the scooters. Customers can contact Lesley Hargreaves at Access Plymouth, Mayflower East Car Park on telephone number 600633 or email lesleypctsm@gmail.com for details.

The following question and response were circulated and Ms Casey having declined to ask the question at the meeting, was advised that the written response would be set out in the minutes of the meeting -

Question No	Question By	Cabinet Member	Subject
Q 6 (15/16)	Ms Alison Casey	Councillor Evans (Council Leader)	Planning Committee Joint Chairs
I see now joint political leadership which will help towards the council’s commitment to Planning Committee being non-political. However, can I ask why in the past have the chairperson and vice-chair been of the same political party and an extra member on the committee from the ruling group?
Response There is no political alliance between the two largest political parties on Plymouth City Council as suggested by your question.

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
Q 7 (15/16)	Mr A Kerswell	Councillor Evans (Council Leader)	Legal Action against OPOB (our place our base)
How much money did the council spend on the court case by taking legal action against OPOB (our place our base), along with what was the outcome of such action to have any benefit to the residents of Plymouth, and why compensation had to be paid out of the council’s coffers.
Response The Council can issue a Community Protection Notice ( a CPN ) to any individual aged over 16 years of age, or a body such as a Company, if satisfied on reasonable grounds that (1) the conduct of the individual or body is having a detrimental effect, of a persistent or continuing nature, on the quality of life of ... view the full minutes text for item 26.

27.

CORPORATE PLAN SECOND YEAR REVIEW PDF 96 KB

View the background to item 27.

Leader: Councillor Evans

The City Council will be asked to consider the report of Tracey Lee (Chief Executive) and to approve the second year update of the Corporate Plan 2013/14 - 2016/17 as amended following Cabinet.

The Cabinet minute will also be submitted.

Additional documents:

Minutes:

Councillor Evans (Leader) moved and Councillor Smith (Deputy Leader) seconded the Corporate Plan Second Year Review which had been amended following Cabinet on 8 September 2015 and was submitted to the City Council. (Cabinet minute 28 was also submitted).

Councillor Evans also referred to the visit by some councillors to the newly completed Closed Circuit Television centre prior to this meeting and indicated that an alternative date would be offered to those councillors who were unable to attend today.

Agreed that the second year update of the Corporate Plan 2013/14 – 2016/17 is approved.

28.

CAPITAL AND REVENUE MONITORING REPORT 2015/16 QUARTER ONE PDF 93 KB

View the background to item 28.

Cabinet Member: Councillor Lowry

The City Council will be asked to note the Capital and Revenue Monitoring Report 2015/16 Quarter One, which was submitted to Cabinet on 8 September 2015.

Additional documents:

Minutes:

Councillor Lowry (Cabinet Member for Finance) presented the Capital and Revenue Monitoring Report 2015/16 for Quarter One which had been submitted to Cabinet. (Cabinet minute 30 was also submitted).

The report was noted.

29.

ANNUAL SCRUTINY REPORT 2014/15 PDF 88 KB

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

The City Council will be asked to note the Annual Scrutiny Report 2014/15

Additional documents:

Minutes:

In the absence of Councillor James (Chair of the Co-operative Scrutiny Board), Councillor Mrs Aspinall (Vice Chair of the Board) presented the Annual Scrutiny Report 2014/15 which set out the work of the Board and the panels over the past year and areas that would be looked at in the near future. (Co-operative Scrutiny Board minute 8 was also submitted).

Councillor Mrs Aspinall thanked the Chairs, Vice Chairs, councillors and co-opted members for their work on scrutiny and also thanked the Democratic Support Officers and lead officers for their dedication to scrutiny.

The report was noted.

30.

PLYMOUTH PLAN PART ONE PDF 96 KB

View the background to item 30.

Cabinet Member: Councillor Coker

The City Council will be asked to formally approve the Plymouth Plan Part One as part of the Council’s Policy Framework.

The Cabinet minute and report will also be submitted.

Additional documents:

Minutes:

Councillor Coker (Cabinet Member for Strategic Transport and Planning) moved the Cabinet recommendation for approval and indicated that the Plymouth Plan Part One would provide one single strategic plan for the city with one vision and had been developed following an extensive consultation exercise, the results of which had been published as a background paper to the Cabinet report. (Cabinet minute 29 and the Cabinet report were also submitted). Councillor Coker also acknowledged the cross party work that had been undertaken by the Plymouth Plan Working Group and invited everyone to participate in the development of part two of the plan.

Councillor McDonald seconded the proposal.

The Council thanked the communities who had contributed to the plan, Paul Barnard (Assistant Director for Strategic Planning and Infrastructure) and his team and all those in other services who had worked hard on this plan.

Agreed to formally approve the Plymouth Plan Part One as part of the Council’s Policy Framework.

(The meeting adjourned for a break and reconvened after 30 minutes to consider the remainder of the agenda.)

31.

CONSTITUTIONAL CHANGES IN RELATION TO CONTRACT STANDING ORDERS AND FINANCIAL REGULATIONS PDF 106 KB

Cabinet Members: Councillors Smith and Lowry

The City Council will be asked to approve the proposed changes to the constitution in relation to contract standing orders and financial regulations.

The Constitutional Review Group and Audit Committee minutes and report will also be submitted.

Additional documents:

Minutes:

Councillor Lowry (Cabinet Member for Finance) moved and Councillor Smith (Deputy Leader) seconded the proposed constitutional changes to Contract Standing Orders and Financial Regulations. (Audit Committee minute 12, Constitutional Review Group minute 7 and a condensed version of the Audit Committee report were also submitted).

Agreed that –

(1)	the Contract Standing Orders, which form Part H of the Constitution, are updated in line with the Public Contracts Regulations 2015 and in support of our localism agenda, as detailed in appendices 1 and 2;
(2)	the Financial Regulations, which form Part H of the Constitution, are updated in line with purchase order authorisation and purchase card limits, as detailed in appendices 3 and 4.

MOTION ON NOTICE

Additional documents:

Webcast

32.

Defending the Right to Strike PDF 102 KB

To be moved by Councillor Kate Taylor and seconded by Councillor Jon Taylor.

Additional documents:

Webcast for 32.

Minutes:

Councillor Kate Taylor proposed and Councillor Jon Taylor seconded a motion on defending the right to strike.

Following a request from 10 councillors for a recorded vote the motion was agreed and Council agreed to –

(1)	write to the Secretary of State for Business, Innovation and Skills stating this Council’s opposition to their Trade Union Bill and to participate in any consultations;
(2)	support the South West Trades’ Union Congress and civil liberties groups in campaigning to defend the right to strike and oppose the Trade Union Bill;
(3)	continue to value the importance of meaningful workforce engagement and representation.

The vote was -

For the motion (30)

Councillors Mrs Aspinall, Bowie, Mrs Bridgeman, Coker, Damarell, Dann, Philippa Davey, Sam Davey, Evans, Fox, Hendy, Jarvis, Lowry, McDonald, Morris, Murphy, Parker-Delaz-Ajete, Penberthy, Rennie, Riley, Singh, Smith, Stevens, Storer, Jon Taylor, Kate Taylor, Tuffin, Tuohy, Vincent and Wheeler.

Against the motion (24)

Councillors Ball (Deputy Lord Mayor), Mrs Beer, Bowyer, Mrs Bowyer, Churchill, Darcy, Deacon, Downie, Drean, Fletcher, Foster, Mrs Foster, Fry, Jordan, Kelly, Martin Leaves, Mike Leaves, Mrs Leaves, Mrs Nicholson, Nicholson, Mrs Pengelly, Ricketts, Dr Salter and Wigens.

Abstentions (1)

Lord Mayor (Chair)

(See also minute 23 in relation to declaration of interest)

33.

QUESTIONS BY COUNCILLORS

View the background to item 33.

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:

Webcast for 33.

Minutes:

The following questions were asked and responses were given by the Leader and Cabinet Members -

	From	To	Subject
(1)	Councillor Evans	Councillor McDonald	Free school meals. (Councillor McDonald undertook to report to Cabinet on the implications of the government announcement).
(2)	Councillor Bowyer	Councillor Evans	Council tax freeze next year
(3)	Councillor Rennie	Councillor Philippa Davey	Action by the Sshhh Team to improve anti-social behaviour by University students. (Councillor Davey undertook to put contact details for reporting incidents on the website).
(4)	Councillor Mrs Bridgeman	Councillor Evans	Council action following an emergency landing by a light aircraft at the former Plymouth Airport and future use as an airport.
(5)	Councillor Jordan	Councillor Smith	Re-opening of the Plymouth Pavilions ice rink following an electrical fault. (A written response to be provided)
(6)	Councillor Sam Leaves	Councillor Lowry	External Auditors Report to the Audit Committee.
(7)	Councillor Fletcher	Councillor Jon Taylor	Remote access to emails by councillors.
(8)	Councillor Mrs Beer	Councillor Vincent	Replacement of LED lights in street lamps at Plympton St Maurice. (A written response to be provided)
(9)	Councillor Downie	Councillor Vincent	Removal of recycling facilities at Whitleigh Green.
(10)	Councillor Martin Leaves	Councillor Vincent	Road closure as a result of the resurfacing programme at Outland Road during a Plymouth Argyle match.
(11)	Councillor Fry	Councillor Vincent	Refuse bins on pavements in the Mutley area and Section 137 of the Highways Act. (A written response to be provided)
(12)	Councillor Stevens	Councillor Vincent	Devils Point and Richmond Walk toilets.
(13)	Councillor Nicholson	Councillor Vincent	Notification of ward councillors on street services initiatives. (Councillor Vincent undertook to ensure that officers notified ward councillors in future).
(14)	Councillor Kelly	Councillor Smith	Involvement of a local celebrity in switching on Christmas lights.
(15)	Councillor Bowyer	Councillor Evans	Preparation of Cabinet Members to respond to questions. (The Chair of the Constitutional Review Group was asked to request a paper on the submission of questions from councillors in advance of Council meetings).
(16)	Councillor Jordan	Councillor Vincent	Lack of action following report of broken refuse bin and nuisance by seagulls. (Councillor Vincent undertook to raise the issue with officers).
(17)	Councillor Morris	Councillor Vincent	Seagulls and food waste from refuse bins.