Agenda and minutes

Full Council - Tuesday, 10th December, 2013 2.00 pm

Venue: Council Chamber - The Guildhall, Portsmouth. View directions

Contact: Stewart Agland  Email: stewart.agland@portsmouthcc.gov.uk

Items
No. Item

97.

Members' Interests

Minutes:

Councillor Will Purvis declared a personal and prejudicial interest in agenda item 6 given his employment and left the chamber for that item. 

 

Councillor Darren Sanders declared a personal, non-prejudicial interest in agenda item 6 in that he had been in correspondence about the issue on Drayton and Farlington.

 

Councillor Peter Eddis declared a personal, non-prejudicial interest in agenda item 13(c) as he is the chairman of the Health Overview & Scrutiny Panel which will also be debating this item.

 

Councillor Darron Phillips declared a personal, non-prejudicial interest in agenda item 13 on the Royal Mail in that his brother works for them although his position is not affected.  He also declared a personal, non-prejudicial interest in agenda item 15, Question 1, in that his wife works in the Central Library and may have been affected by the flood referred to.

 

Councillor Steve Wemyss declared a personal, non-prejudicial interest in agenda item 13(c) concerning vascular surgery in that he works for the NHS at St Richard's Hospital which is mentioned.

98.

Minutes of the Council Meeting held on 12 November 2013 pdf icon PDF 81 KB

Additional documents:

Minutes:

It was

 

Proposed by Councillor Gerald Vernon-Jackson

Seconded by Councillor Donna Jones

 

That the minutes of the meeting held on 12 November 2013 be approved as a correct record and this was agreed.

 

RESOLVED that the minutes of the meeting held on 12 November 2013 be confirmed and signed as a correct record.

99.

Communications and Apologies

Minutes:

Apologies for absence were received from Councillor Simon Bosher, Councillor Margaret Foster, Councillor Michael Hancock, Councillor Rob New, Councillor Jim Patey, Councillor Caroline Scott, Councillor Luke Stubbs and Councillor Alistair Thompson.  Councillor Eleanor Scott was welcomed back but said that she may have to leave before the end of the meeting.  Councillor Darren Sanders apologised that he may also have to leave before the end of the meeting.  Councillor Andrewes gave his apologies for lateness.

 

The Lord Mayor welcomed everyone to the meeting and thanked members for bringing food for the food bank.  The Lord Mayor said that she had a number of sad announcements to make.  On 17 November Sir Alfred Blake passed away.  Sir Alfred was Lord Mayor in 1958-59 and the freedom of the city was conferred upon him in 2003.

 

On 2 December the Lord Mayor advised she had attended the funeral of Roger James who passed away a few weeks ago.  Roger James was a former Fratton ward councillor for ten years.

 

The Lord Mayor also advised that Peter Griffiths, the former MP for Portsmouth North also passed away recently and his funeral took place last Friday.

 

The Lord Mayor also said that she had been notified that former councillor Vernon Bye sadly passed away last weekend.  Vernon had been a councillor for the then Highland ward.

 

The Lord Mayor expressed the sympathies of the council to the families of the deceased at this sad and difficult time.

 

The Lord Mayor also announced that she had written to the chairperson of the Anglo-Filipino Society expressing deepest sympathy and sincere sadness and support for the people of the Philippines in the wake of Typhoon Haiyan.

 

The Lord Mayor also advised that she had written to the Lord Provost of Glasgow conveying deepest sympathy and condolences to the families and friends who lost their lives or were injured in the recent helicopter accident at the Clutha pub.

 

Finally, the Lord Mayor referred to the memorial service being held today in South Africa in memory of the recent sad passing of the former South Africa president and world statesman, Nelson Mandela, who dedicated his life in the service of humanity and contributed immensely to the promotion of a culture of peace throughout the world.

100.

Deputations from the Public under Standing Order No 24(b)(vi)

Minutes:

The City Solicitor advised that two deputations had been received (excluding item 6 which will be dealt with separately).  The City Solicitor advised that both deputations had been received in respect of item 13(c).

 

Deputations supporting the notice of motion 13(c) were made by Honorary Alderman Syd Rapson and by Gosport Councillor Forder.  The City Solicitor thanked the deputees.

101.

Questions from the Public under Standing Order 25

Minutes:

There were no questions from the public under Standing Order 25.

102.

Petition on Designation of the Drayton & Farlington Ward as an Area of Special Residential Character

"We the undersigned petition the Council to: Designate the Drayton and Farlington Ward as an Area of Special Residential Character where developments will be permitted provided that:

 

1)    the size of any proposed or original plot, when sub-divided, is not significantly smaller than those in the immediate vicinity; and

2)    the development’s size, scale, layout, type, siting and detailed design are compatible with the overall character of the defined area."

 

The Council’s rules state that as the petition contains more than 500 signatures it will be debated by the Full Council (if the lead petitioners so request and they do) as the issue has not been considered by the Council within the last 24 months.

 

1.    The petition organisers (Mr Jeremy Wilson and Mr Mervyn Doyle) will be given six minutes in total to present the petition at the meeting. One of the organisers may choose instead to be one of the public deputations under 2 below.

 

2.    Followed by any public deputations received on this item.

 

3.    The Administration, via a proposer and seconder, will then present its response to the petition 

 

4.    The petition will then be discussed by councillors and the normal rules of debate will apply.

 

Note - The City Council cannot simply designate an 'Area of Special Residential Character' in response to this petition. Designation (if it were supported in principle by the Council) would have to take place through the planning policy route, involving the Cabinet, or Portfolio holder for Planning, Regeneration and Economic Development meeting. However the petition can still be debated at this Full Council meeting in accordance with the revised process and it can resolve not to support the proposed designation if that was the Council's wish.

Minutes:

The City Solicitor invited the lead petitioners, Mr Jeremy Wilson and Mr Mervyn Doyle to present the petition.  Mr Doyle and Mr Wilson then introduced their petition and the City Solicitor thanked them.

 

The City Solicitor advised that two public deputations relating to this item had been received both in favour of the petition.  The first deputation was made by Mr John Bannell.  The second deputation was made by Mr Tutton, director of Robert Tutton Planning Consultants Limited.

 

It was

 

Proposed by Councillor Gerald Vernon-Jackson

Seconded by Councillor Hugh Mason

 

That the petition response as circulated in the chamber be approved.

 

As an amendment it was

 

Proposed by Councillor Steve Wemyss

Seconded by Councillor Ken Ellcome

 

That the City Council requests that the Administration prepare an SPD defining the special character of an appropriate set of streets, to incorporate some of those to the north of Havant Road, in Drayton & Farlington to ensure that any development is in keeping with the character of the area.

 

Following debate, upon being put to the vote the amendment standing in the name of Councillor Steve Wemyss was LOST.

 

Upon being put to the vote the petition response proposed by Councillor Gerald Vernon-Jackson was unanimously CARRIED.

 

RESOLVED that the City Council thanks the petitioners for coming to the City Council with their concerns.

 

The City Council recognises that there have been further discussions with the lead petitioners and planning officials at the City Council and that the lead petitioners recognise that designating the whole of the Drayton and Farlington Ward (as stated in the petition), is not appropriate as an area of special residential character.

 

The city plan contains protections for the character of an area and that policy PCS23 is a strong planning policy to protect local character.

 

There are many other areas of Portsmouth which have individual character in the same way as areas within Drayton and Farlington, such as Southsea, Craneswater, Copnor, Old Portsmouth etc and that if a designation was made in Drayton and Farlington, other areas of the City would also need to be looked at.

 

The Localism Act gives the ability for a neighbourhood plan to be developed to reflect local circumstances and aspirations and that this option is open to residents within Drayton and Farlington. The City Council recognises that all these routes are available for local residents and asks the lead petitioners to work with the planners at the City Council to utilise these existing routes to protect the character of their area.

103.

Appointments

Minutes:

There were no appointments.

104.

Urgent Business

Minutes:

There was no urgent business.

105.

Recommendations from the Licensing Committee Meeting held on 23 October 2013 pdf icon PDF 139 KB

To consider the attached report.

 

RECOMMENDED that Council resolves to delegate the function to the Licensing Committee as and when the power to do so comes into effect in accordance with The Local Authorities (Functions and Responsibilities) (England) Regulations.

 

Additional documents:

Minutes:

The following minute was approved unopposed.

 

Minute No 10 - Scrap Metal Dealers Act 2013 - New statutory powers to licence scrap metal dealers and motor salvage operators

106.

Recommendations from the Cabinet Meeting held on 2 December 2013 pdf icon PDF 77 KB

To consider the attached report with recommendations to follow.

Additional documents:

Minutes:

The following minute was approved unopposed:

 

Minute 98 - Budget and Performance Monitoring 2013/14 (second quarter) to end of September 2013

107.

Minute 99 - Treasury Management Mid-Year Review for 2013/14 pdf icon PDF 476 KB

To consider the attached report with recommendations to follow.

Additional documents:

Minutes:

It was

 

Proposed by Councillor Gerald Vernon-Jackson

Seconded by Councillor Hugh Mason

 

That the recommendations set out in Cabinet minute 99 be approved.

 

No amendment was proposed but a short discussion followed concerning the Co-op Bank and cash flow issues and delays in sending out invoices. Councillor Hugh Mason said that the downgrading of the Co-operative Bank has been taken into account in the Treasury Management Mid-Year Review for 2013/14.

 

Upon being put to the vote the recommendations standing in the name of Councillor Gerald Vernon-Jackson were CARRIED.

 

RESOLVED(1) That the following actual Treasury Management indicators for the second quarter of 2013/14 be noted:

 

(a)       The Council’s debt at 30 September was as follows:

 

Prudential Indicator 2013/14

Limit

£M

Position at 30/9/13

£M

Authorised Limit

469

444

Operational Boundary

447

444

 

(b)       The maturity structure of the Council’s borrowing was:

 

 

Under 1 Year

1 to 2 Years

3 to 5 Years

6 to 10 Years

11 to 20 Years

21 to 30 Years

31 to 40 Years

41 to 50 Years

Lower Limit

0%

0%

0%

0%

0%

0%

0%

0%

Upper Limit

25%

25%

25%

25%

30%

30%

30%

70%

Actual

4%

1%

3%

5%

9%

13%

11%

54%

 

(c)        The Council’s interest rate exposures at 30 September 2013 were:

 

 

Limit

£m

Actual

£m

Fixed Interest

320

258

Variable Interest

(320)

(163)

 

(d)       Sums invested for periods longer than 364 days at 30 September 2013 were:

 

Maturing after

Original Limit

£m

Actual

£m

31/3/2014

218

87

31/3/2015

208

45

31/3/2016

198

30

 

                       (2) that the investment limit for registered social landlords (RSLs) be set at £80m in total.

 

                       (3) that investments be placed with RSLs on the basis of a single credit rating. (A credit rating from at least two credit rating agencies will be required for other institutions).

 

                       (4) that investment counter party limits and duration limits be amended as shown in the table below:

 

 

Current Maximum Investment in a Single Organisation

Recommended Maximum Investment in a Single Organisation

Category 1

United Kingdom Government including the Debt Management Office Deposit Facility

 

Unlimited investments for up to 5 years

Unlimited investments for up to 5 years

Category 2

Local authorities in England, Scotland and Wales

 

£20m for up to 5 years

£26m for up to 5 years

Category 3

Banks with a short term credit rating of F1+ and a long term rating of Aa-.

Aaa rated money market funds

 

£20m for up to 732 days

£26m for up to 5 years

Category 4

Banks with a short term credit rating of F1 and a long term rating of A+.

Building societies with a short term credit rating of F1 and a long term rating of A.

Corporate bonds with a long term credit rating of Aa-

£15m for up to 732 days

£19m for up to 5 years for banks and building societies. £19m for up to 4 years for corporate bonds.

Category 5

Banks with a short term credit rating of F1 and a long term rating of A.

Building societies with a short term credit rating of F1 and a long term rating of A-.

Corporate bonds with a long term credit rating of A+

£13m for up to 364 days

£13m for up to 5 years for banks and building societies. £13m for up to 4 years for corporate bonds.

Category 6

Banks with a short term credit rating of F1 and a long term rating of A-.

Corporate bonds with a long term credit rating of A

£10m for up to 364 days

£10m for up to 5 years for banks. £10m for up to 4 years for corporate bonds.

Category 7

Corporate bonds with a long term credit rating of A-

£6m for up to 364 days

£6m for up to 4 years

Category 8

Building societies with a BBB credit rating

 

£10m for up to 364 days

£10m for up to 364 days

Category 9

Building societies with single credit rating and unrated building societies

 

£6m for up to 364 days. Smaller building societies have lower investment limits.

£6m for up to 364 days. Smaller building societies have lower investment limits.

Category 10

Banks with a short term credit rating of F3 and a long term rating of Bbb-

 

£6m for up to 95 days.

No investments permitted

Category 11

RSLs with a double A long term credit rating

 

New Category

£26m for up to 5 years or 10 years if secured

Category 12

RSLs with a single A long term credit rating

New Category

£20m for up to 5 years or 10 years if secured

 

                       (5) that the Council resumes investing in the Euro zone.

108.

Recommendation from the Governance and Audit and Standards Committee from its meeting on 7 November 2013 - Appointment of Independent Persons under the Localism Act 2011

Under the Localism Act, there was a need to appoint independent persons so that when a complaint occurred they would receive a copy of it and their views would be sought.  The independent person's role also included being available for consultation by the Member against whom a complaint had been made.  An interview panel constituted in accordance with the Council's regulations (that included three members of the Governance & Audit & Standards Committee) agreed that Carole Damper and Bill Bailey should become independent persons.  This was confirmed by the Governance & Audit & Standards Committee which -

 

RECOMMENDED to council that the appointment of Carole Damper and Bill Bailey for a period of three years from 21 October 2013 be ratified.

Minutes:

The following minute was approved unopposed:

 

Minute 75 - Appointment of Independent Persons under the Localism Act 2011

109.

Notices of Motion

(a)       Proposed by Councillor Jason Fazackarley

Seconded by Councillor Leo Madden

 

In August 2013 Royal Mail announced that it was proposing to close the processing part of its business in Portsmouth. This places under threat up to 380 jobs within the processing centre.

 

The Council is concerned that should this closure become reality then in addition to the job losses there may also be a deterioration of services for Portsmouth residents and a negative impact upon the economy of this city.

 

This Council supports the processing centre staff based in Portsmouth and the efforts of their union reps to retain the centre here in the city. The Council calls upon the Chief Executive of Royal Mail, Moya Greene, and other Senior Royal Mail Management to ensure the continued presence of a processing centre in Portsmouth thus securing jobs and maintaining the level of service for residents.

 

The Council agrees to write to Ms Greene imploring them to retain the processing centre and to end any proposal(s) for closure.

 

(b)       Proposed by Councillor John Ferrett

Seconded by Councillor Donna Jones

 

The Council supports the principles of openness and transparency and encourages filming, recording and the taking of photographs at council meetings that are open to the public. It also welcomes the use of social networking websites (such as Twitter and Facebook) and micro-blogging to communicate with people about what is happening, as it happens at council meetings.

 

The Council instructs the Chief Executive to prepare a report for the next Governance and Audit and Standards Committee meeting on how the terms of this motion can best be implemented. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Lord Mayor has advised that she will support the waiving of Standing Order 32 to enable the following motion which was received after the deadline to be debated at this Council meeting -  

 

 

(c)        Proposed by Councillor Darren Sanders

Seconded by Councillor Will Purvis

 

Vascular Surgery at QA Hospital

 

Council notes with alarm the report of the Wessex Clinical Senate, which calls for vascular surgery to be focused in Southampton, not Portsmouth.

Council opposes any such move, especially given the decision to move similar services from Chichester to Brighton.

Council notes the massive support for The News' Keep it at QA petition that halted earlier, similar plans and offers its support to any campaign that will fight this vicious plan.

Minutes:

The Lord Mayor advised that there were three notices of motion before council today.

 

(a)          It was

 

Proposed by Councillor Jason Fazackarley

Seconded by Councillor Leo Madden

 

That the notice of motion set out at agenda item 13(a) be debated today.  Upon being put to the vote this was CARRIED.

 

It was

 

Proposed by Councillor Jason Fazackarley

Seconded by Councillor Leo Madden

 

That the notice of motion be adopted by council.

 

It was

 

Proposed by Councillor John Ferrett

Seconded by Councillor Aiden Gray

 

That the following amendment to notice of motion 13(a) be made to include:

 

"The amendment below to form a new third paragraph within the amended motion, with existing paragraphs 3 and 4 becoming 4 and 5 respectively:

 

The Council deplores the recent decision by the Coalition Government's Business Secretary to allow the privatisation of the Royal Mail to take place. This has effectively placed the interests of shareholders, including hedge funds, above those of the general public who rely on this vital service.  Whilst City institutions have already made a massive profit on shares that were undersold, services such as the processing business in Portsmouth are being slashed."

 

During debate an issue was raised about whether the proposed amendment contravenes the six month rule as set out in standing orders.  The City Solicitor provided his advice which was that the amendment was permissible.  Upon the amendment standing in the name of Councillor John Ferrett being put to the vote, this was LOST.

 

Upon the original notice of motion standing in the name of Councillor Jason Fazackarley being put to the vote, this was CARRIED.

 

RESOLVED that notice of motion 13(a) set out below be adopted.

 

"In August 2013 Royal Mail announced that it was proposing to close the processing part of its business in Portsmouth. This places under threat up to 380 jobs within the processing centre.

 

The Council is concerned that should this closure become reality then in addition to the job losses there may also be a deterioration of services for Portsmouth residents and a negative impact upon the economy of this city.

 

This Council supports the processing centre staff based in Portsmouth and the efforts of their union reps to retain the centre here in the city. The Council calls upon the Chief Executive of Royal Mail, Moya Greene, and other Senior Royal Mail Management to ensure the continued presence of a processing centre in Portsmouth thus securing jobs and maintaining the level of service for residents.

 

The Council agrees to write to Ms Greene imploring them to retain the processing centre and to end any proposal(s) for closure."

 

The Lord Mayor suggested varying the order of business on the agenda to allow Notice of Motion c) to be dealt with next owing to the proposer, Councillor Darron Sanders, feeling unwell.  It was proposed by Councillor Fuller and seconded by Councillor Wood to waive standing orders to allow this to happen and this was unanimously CARRIED.

 

 

(c)        It was

 

Proposed by Councillor Darren Sanders

Seconded by Councillor Will Purvis

 

That the notice of motion set out at agenda item 13(c) be debated today.  Upon being put to the vote this was CARRIED.

 

It was

 

Proposed by Councillor Darren Sanders

Seconded by Councillor Will Purvis

 

That the notice of motion be adopted by council.

 

As an amendment it was

 

Proposed by Councillor Peter Eddis

Seconded by Councillor Jacqui Hancock

 

That the motion be amended as follows

 

"           1.         In line 1, insert after "alarm" the words "the reports in the Portsmouth News about"

 

  2.       In the last line replace "this vicious plan" with the following: "any such plan, which will have vicious consequences for people in our city and neighbouring towns".

 

  3.       After the last paragraph add "This Council calls on NHS Wessex to work with both Portsmouth and Southampton Hospital Trusts to develop a network vascular service, sharing expertise, training and research between both hospitals to improve clinical outcomes for patients across the region."

 

Notice of Motion to therefore read as follows;

 

Council notes with alarm the reports in the Portsmouth News about the report of the Wessex Clinical Senate, which calls for vascular surgery to be focused in Southampton, not Portsmouth.

 

Council opposes any such move, especially given the decision to move similar services from Chichester to Brighton.

 

Council notes the massive support for The News' Keep it at QA petition that halted earlier, similar plans and offers its support to any campaign that will fight any such plan, which will have vicious consequences for people in our city and neighbouring towns.

 

This Council calls on NHS Wessex to work with both Portsmouth and Southampton Hospital Trusts to develop a network vascular service, sharing expertise, training and research between both hospitals to improve clinical outcomes for patients across the region."

 

Following some debate, it was

 

Proposed by Councillor Jason Fazackarley

Seconded by Councillor Leo Madden

 

That the matter be put to the vote without further discussion.  Upon being put to the vote this was LOST.

 

Following further debate Councillor Sanders summed up and said that he agreed the amendment.  Upon the substantive motion being put to the vote this was CARRIED. 

 

RESOLVED that the notice of motion set out below be adopted by council:

 

Council notes with alarm the reports in the Portsmouth News about the report of the Wessex Clinical Senate, which calls for vascular surgery to be focused in Southampton, not Portsmouth.

 

Council opposes any such move, especially given the decision to move similar services from Chichester to Brighton.

 

Council notes the massive support for The News 'Keep it at QA' petition that halted earlier, similar plans and offers its support to any campaign that will fight any such plan, which will have vicious consequences for people in our city and neighbouring towns.

 

This Council calls on NHS Wessex to work with both Portsmouth and Southampton Hospital Trusts to develop a network vascular service, sharing expertise, training and research between both hospitals to improve clinical outcomes for patients across the region.

 

(B). Councillor John Ferrett addressed the Council on why he considered that the notice of motion set out at agenda item 13(b) should be debated today.

 

It was

 

Proposed by Councillor Gerald Vernon-Jackson

Seconded by Councillor Leo Madden

 

That this notice of motion should not be debated today but should instead be referred to the Scrutiny Management Panel for a report back to full council at a later date.  Upon being put to the vote this was CARRIED.

 

RESOLVED that the issues raised in notice of motion (b) as set out on the agenda be referred to the Scrutiny Management Panel to report back to Council at a later date.

110.

Start time of the Annual Council Meeting 2014

Following discussion with the Lord Mayor, Deputy Lord Mayor and the Leader, Council approval is sought to the Start time of the Annual Council meeting on 3 June 2014, being brought forward from the usual 11am to 10.30am with Standing Order 7 - Time of Meetings - being waived to enable this.

Minutes:

The Lord Mayor explained that in order to allow schoolchildren to be able to attend the whole of the mayor making ceremony rather than having to leave early to return to their schools in time for lunch, Standing Order 7 would have to be waived so that the start time of next year's Annual Council Meeting can be changed. 

 

It was

 

Proposed by Councillor Gerald Vernon-Jackson

Seconded by Councillor Donna Jones

 

That Standing Order 7 be waived and that the start time of the June 3 2014 Annual Council Meeting be brought forward by 30 minutes allowing it to start at 10.30 am.  Upon being put to the vote this was unanimously CARRIED.

111.

Questions from Members under Standing Order No 17 pdf icon PDF 138 KB

Minutes:

There were five questions under Standing Order 17.

 

Question No 1 was from Councillor Steve Wemyss

 

"On how many occasions has there been floods within the central library since Christmas last year?"

 

This and supplementary questions were answered by the Cabinet Member for Culture, Leisure & Sport, Councillor Lee Hunt.

 

Question No 2 was from Councillor David Horne

 

"What legacy will there be left in Portsmouth post the Olympics and Paralympics following reorganisation and redundancies of the Sports Development Team?"

 

This and supplementary questions were answered by the Cabinet Member for Culture, Leisure & Sport, Councillor Lee Hunt.

 

It was proposed by Councillor Steve Wemyss that standing orders be suspended in order to allow the time limit on questions to be waived.  After being put to the vote this was LOST.

 

Question No 3 was from Councillor Ken Ferrett

 

"Can the council leader tell us how many informal cabinet meetings have been held in the last 12 months and the items that have been discussed at these meetings?"

 

This and supplementary questions were answered by the Leader of the Council, Councillor Gerald Vernon-Jackson.

 

Question No 4 was from Councillor Donna Jones

 

"Will the southern extension of the MB zone residents’ parking area be up and running by mid-February?"

 

This was answered by the Cabinet Member for Traffic & Transportation, Councillor Jason Fazackarley.

 

Question No 5 was from Councillor David Horne

 

"Following the closure of Public Toilets in Portsmouth what alternative provision is being made for the disabled and are residents that have paid £3 for a special accessible key going to be refunded?"

 

This was answered by the Leader of the Council, Councillor Gerald Vernon-Jackson.

 

The Lord Mayor wished everyone a Happy Christmas