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Agenda and minutes

Venue: Ceres Hall - The Corn Exchange, Market Place, Devizes, SN10 1HS. View directions

Contact: Yamina Rhouati  Email: Yamina.Rhouati@wiltshire.gov.uk

Items
No. Item

39.

Apologies

Minutes:

Apologies for absence were received from Councillors Magnus Macdonald, Mollie Groom, Christopher Newbury, Liz Bryant and Graham Wright.

40.

Minutes of Previous Meeting

To approve as a correct record and sign the minutes of the Annual Meeting of Council held on 14 May 2013.

Supporting documents:

Minutes:

The minutes of the Annual Council meeting held 14 May 2013 were presented.

 

Resolved:

 

That the minutes of the Annual Council meeting held on 14 May 2013 be approved as a correct record and signed by the Chairman subject to an amendment at minute no.s 33/34 – resolution 5 – ‘Wessex Local Medical Committee’ to read ‘Wessex Local Medical Committees’.

41.

Declarations of Interest

To receive any declarations of disclosable interests or dispensations granted by the Standards Committee.

 

Minutes:

Cllr Helena Mckeown in asking a supplementary question to question 1 she had submitted on the issue of possible links between children with autism and air pollution, declared a non-pecuniary interest by virtue of being a member of the Transport and Health Study Group (minute no. 46 refers).

 

42.

Announcements by the Chairman

Minutes:

a)   Her Majesty The Queen’s Birthday Honours

 

The Chairman was delighted to announce that a number of Wiltshire residents received national recognition in the recent Queen’s Birthday Honours’ List. 

 

OBES had been awarded to:

Mrs. Anne Bull-George from Devizes, for services to education

Mr. Peter Davis from Trowbridge, Grade 6, Ministry of Defence, for services to the armed forces, especially in support of Afghan operations

Mr. Stephen Eley from Salisbury, Grade 6, Ministry of Defence, for public service, especially in support of the London 2012 Olympic and Paralympic Games

Ms Mandy Hope from Westbury, Grade 7, Ministry of Defence, for public service, especially in support of the London 2012 Olympic and Paralympic Games

 

MBES had been awarded to:

Dr. Cyril Bennett from Amesbury for voluntary services to Riverfly Conservation

The Reverend Christopher Walker, Regimental Padre, for services to armed forces personnel

 

BEMS had been awarded to:

Mrs. Patricia Branley of Bulford – Administrative Officer, Ministry of Defence, for public and charitable services especially to the Macmillan Trust and military veterans

Mr. Maurice Cole of Codford for services to the community of Codford

 

Councillors joined the Chairman in congratulating them all on receiving national recognition.

b)    Royal Visits

 

The Chairman referred to the two Royal visits to the County in recent months.

 

Their Royal Highnesses The Duke of Cambridge and Prince Harry attended the opening of Tedworth House in Tidworth In May.  The Leader of the Council and Chairman had been invited to attend as guests of Help For Heroes.   This very impressive establishment offered direct, practical support to those service personnel who had suffered life changing injuries and illnesses whilst serving our Country.  The Chairman commented that it had been a great privilege for them both to be present at the opening to represent the Council, which had of course supported the development of this facility in the County.

 

Her Royal Highness the Duchess of Cornwall also came to Wiltshire in June.  She attended a charitable event before visiting the ‘Big Lunch’ held at the Mead Community Primary School in Hilperton.  Cllr Richard Gamble represented the Council.  The ‘Big Lunch’ was organised by the Big Community Group with the aim of bringing pupils, families and the local community together for an afternoon of fun, food and activities.  There were around 500 present and it was  a joyful occasion, which clearly demonstrated the good community spirit which present in Wiltshire.

 

c)            Armed Forces Day Celebrations

 

The Council was pleased to support the flying of the Armed Forces Day Flag from our main Council office buildings.  Celebrations were held around the County over the weekend of 29 and 30 June, providing a good opportunity for us to acknowledge the magnificent job the armed services do and to show our support for them all, whether serving members, veterans or cadets.  Acknowledging that such events take many months of planning, the Chairman thanked and congratulated all those who worked hard to ensure their success.

 

d)     DBS Checks

 

The Chairman reminded members  ...  view the full minutes text for item 42.

43.

Petitions Update

Report of the Head of Democratic Services.

 

Supporting documents:

Minutes:

A report by the Head of Democratic Services was presented which gave Council details of two petitions received for the period since the last Council meeting.

 

Resolved:

 

That Council note the report, the petitions received and the actions being taken in relation to them, as set out in the Appendix to the report as presented.

 

44.

Public Participation

The Council welcomes contributions from members of the public.

 

Statements

If you would like to make a statement at this meeting on any item on this agenda, please register to do so at least 10 minutes prior to the meeting. Up to 3 speakers are permitted to speak for up to 3 minutes each on any agenda item. Please contact the officer named above for any further clarification.

 

Questions

To receive questions from members of the public  received in accordance with the constitution. Those wishing to ask questions are required to give notice of any such questions in writing to the officer named above (acting on behalf of the Corporate Director) no later than 5pm on Tuesday, 2 July 2013. Please contact the officer named on the first page of this agenda for further advice. Questions may be asked without notice if the Chairman decides that the matter is urgent.

 

Details of any questions received will be circulated to Councillors prior to the meeting and made available at the meeting and on the Council’s website.

Minutes:

No requests for public participation had been received.

45.

Notice of Motion no. 1 - Highways and Streetscene Contract From Cllrs Jeff Osborn and Helen Osborn

Notice of motion No. 1 – Highways and Streetscene Contract

From Councillors Jeff Osborn and Helen Osborn

 

Details of the motion attached and for the benefit of members, the rules taken from the constitution on how motions are dealt with at the meeting.

 

Supporting documents:

Minutes:

The Chairman reported receipt of the following motion:

 

Notice of Motion no. 1 – Highways and Streetscene Contract

From Cllrs Jeff Osborn and Helen Osborn

 

Cllr Jeff Osborn moved the following motion which was duly seconded by Cllr Helen Osborn:

 

‘Preamble

 

A number of members including myself have received several complaints on the grass cutting service or lack of it since commencement of the new Highways and Streetscene contract on 1 June 2013.

 

It is our view therefore thatthe Council should receive convincing reassurance that the recent problems with the grass cutting service will not reoccur.

 

Action

 

That Council instructs the Environment Select Committee to:

 

  • undertake regular and close monitoring of this element of the new contract with Balfour Beatty Living Places;
  • to consider what lessons can be learned from how this contract was implemented to assist with planning future similar contracts and
  • to make recommendations as appropriate to the Executive’.

 

Cllr Jeff Osborn spoke to his motion expressing his concerns over the highways and streetscene contract. He explained that he had received several complaints that grassed areas had not been cut. Cllr Helen Osborn echoed such concerns and asked how the contract was being monitored and managed. She also considered that lessons should be learnt when considering future contracts.

 

A lengthy debate ensued during which the following main points were made:

 

·         negative impact on residents

·         lack of proper equipment provided to carry out the work

·         quality of service was not consistent

·         some play areas particularly affected which rendered them unusable

·         health and safety concerns over possible injuries in long grass

·         problems exacerbated by recent wet weather

·         transfer of appropriate number of staff had also been an issue

·         that lessons should be learnt from this

·         reputational damage to the Council

·         Councillors had not been kept informed

 

Cllr John Thomson Cabinet member for Highways and Transport responded to the motion. He explained that some difficulties had arisen partly due to the weather and partly due to not knowing how many staff would TUPE to the new contract until commencement of the contract. He reminded Council that he had made every effort to keep members fully informed by having circulated three separate briefing notes to members. The Managing Director of Balfour Beatty Living Places (BBLP) would be taking feedback from this meeting and addressing members’ concerns. He confirmed that BBLP were putting things right quickly and catching up with the work at their own costs.

 

Cllr Thomson pointed out that grass cutting was a very small element of a considerable value contract with BBLP and he was happy that Councillors seemed content with the remainder of the contract.

 

Cllr Thomson did not think it right for Council to dictate to Scrutiny on what it should be taking up as issues. He considered that it was up to Scrutiny to determine its own workplan and priorities. Should Scrutiny decide to look into the contract, he confirmed that he would be happy to attend its meetings to provide any input and information required.  ...  view the full minutes text for item 45.

46.

Councillors' Questions

Please note that Councillors are required to give notice of any such questions in writing to the officer named on the first page of this agenda (acting on behalf of the Corporate Director) not later than 5pm on Tuesday 2 July 2013. Questions may be asked without notice if the Chairman decides that the matter is urgent.

 

Details of any questions received will be circulated to Councillors prior to the meeting and made available at the meeting and on the Council’s website.

Supporting documents:

Minutes:

The Chairman reported receipt of questions from  Cllrs Helena Mckeown, Chris Hurst, Jeff Osborn, Helen Osborn, Howard Marshall, Simon Killane, Terry Chivers, Ian Thorn, David Jenkins, Helen Osborn, Gordon King and Chris Caswill. Details of questions were circulated and attached as Appendix A to these minutes together with the responses given.

 

Questioners agreed to take their questions as read and were given an opportunity to ask a relevant supplementary question to which the relevant Cabinet member responded.

 

Supplementary questions were raised and summarised as follows which should be read in conjunction with the attached questions.

 

Question 1 – Cllr Helena McKeown – studies highlighting links between children with autism and air pollution. Cllr Keith Humphries referred to the various studies on this subject by respected researchers. A number of leading experts across Europe had issued a statement following their consideration of a report on possible links. They concluded that whilst there was a link between children with autism and air pollution, it was not to an extent that required people to change their lives.

 

Question 2 - Cllr Helena McKeown – air pollution.  Doctors were seeing a rise in patients with breathing difficulties during warmer weather in areas particularly affected by pollution. She asked if it would be possible to map out areas which were particularly affected. Cllr Keith Humphries explained that he would be happy to discuss the matter with Cllr McKeown.

 

Question 3 – Cllr Jeff Osborn – take up and continuation of Small Grant Scheme.  Cllr Keith Humphries explained that a formal evaluation of the scheme would be undertaken at the end of the current scheme as well as looking into ways to better publicise it.

 

Question 4 - Cllr Howard Marshall – delays in completing land searches and whether there was a danger of delaying property completions. Cllr Sturgis confirmed that officers would be proactively prioritising searches by exchange dates to avoid this happening.

 

Question 6 – Cllr Simon Killane requested clarification of the plans to provide media arrangements in the renovated council chamber at County Hall.  Cllr Stuart Wheeler undertook to provide further information to Cllr Killane.

 

Question 8 – Cllr Terry Chivers – would the Highways contract be monitored and would there be penalties for non or poor performance. Cllr John Thomson confirmed that the contract included a detailed specification on what was required to be delivered. Not performing satisfactorily would bring a risk to the contractor of the contract not being extended for 2 years as allowed for in the contract.

 

Question 11 – Cllr Ian Thorn – when would he be able to meet with officers to discuss the particular problems which existed in Bradford on Avon South and the provision of additional bins. Cllr Thomson confirmed that there were no restrictions on arranging such a meeting with officers.

 

Cllr Question 12 – Cllr Ian Thorn - improving public consultation on the Council’s own planning applications.  Cllr Toby Sturgis gave a verbal response.

 

Question 14  ...  view the full minutes text for item 46.

47.

Minutes of Cabinet and Committees

a.    The Chairman will move that Council receives and notes the minutes of Cabinet and the various Committees of the Council and the Fire Authority as listed in the Minutes Book enclosed separately.

 

b.    The Chairman will refer to Cabinet and each Committee in turn:

                      i.        The Leader, Cabinet members and Chairmen of Committees will be invited to make any important announcements.

                    ii.        Councillors will be given the opportunity to raise questions on points of information or clarification on the minutes presented.

 

c.    Councillors will be given an opportunity to raise general issues relating to Area Boards but not specific local issues.

 

d.      Councillors will be given an opportunity to raise questions on the minutes of the Wiltshire and Swindon Fire Authority.

(Under the Constitution, Councillors wishing to ask a question on the  Fire Authority minutes are required to give written notice to the officer named on the front of this agenda (acting on behalf of the Corporate Director) not later than five clear days before the Council meeting – 5pm on 1 July 2013).

Minutes:

The Chairman moved that Council receive and note the following minutes as listed in the separate Minutes Book and this was duly seconded by the Vice- Chairman:

 

Cabinet                                                                              21 May & 18 June 2013

Overview and Scrutiny Management Committee       23 May 2013

Health Select Committee                                                30 May 2013

Environment Select Committee                                     11 June 2013

Northern Area Planning Committee                             24 April, 29 May & 19 June 2013

Eastern Area Planning Committee                               25 April, 30 May & 20 June 2013

Southern Area Planning Committee                            18 April & 23 May 2013

Western Area Planning Committee                              22 May & 12 June 2013

Audit Committee                                                               18 June 2013

Staffing Policy Committee                                              22 May 2013

Wiltshire Pension Fund                                                   4 June 2013

Wiltshire and Swindon Fire Authority                           30 May 2013

 

 

The Chairman then invited questions from councillors on points of information or clarification on the above minutes and gave the Chairmen of those meetings the opportunity to make any important announcements on the work of their respective Committees.

 

In accordance with paragraph 3 of the Cabinet Procedure Rules at Part 7 of the Constitution, the Leader presented a written record of delegations made by her for inclusion in the Council’s Scheme of Delegation at Part 3A of the Constitution. It was noted that there was no change from the previous delegations but did reflect the new Cabinet members and their responsibilities.  Council was therefore asked to note the written record of delegations as presented.

 

Cabinet – 21 May 2013 – minute no. 37: Swindon and Wiltshire Local Transport Body

 

Cllr Jeff Osborn enquired as to the membership of the Body. Cllr Fleur de Rhé-Philipe explained that it comprised 2 members of Wiltshire Council (herself and Cllr Toby Sturgis with support from the relevant Portfolio Holder), 2 members of Swindon Borough Council and 1 member of the Local Enterprise Partnership.

 

Cllr Jon Hubbard asked when the briefing note mentioned in the minute on the outcome of a meeting between officers, Duncan Hames MP and First Great Western would be circulated. The Leader confirmed that this would be circulated very soon as the meeting referred to had just been held last night (8 July).

 

Overview and Scrutiny Management Committee

 

Cllr Simon Killane, Chairman of the Management Committee explained that the number of subjects in the Committee’s work programme was extremely challenging. However, he was grateful to officers for their support, in particular, Paul Kelly, Scrutiny Manager and his team.

 

Cllr Mike Hewitt enquired as to progress with the Budget Scrutiny Task Group. Cllr Killane confirmed that work was in hand to establish the Task Group.

 

Staffing Policy Committee – 21 May 2013 – minute no. 22: Wiltshire Council Staff Survey

 

A Councillor enquired as to how the results of the Staff Survey would be communicated to staff also involving the unions. Cllr Allison Bucknell confirmed that a meeting with the unions had been arranged for 10 July. Staff were being informed of the results through the Electric Wire and team briefings.

 

Staffing Policy Committee – 21 May 2013 – minute no. 23  ...  view the full minutes text for item 47.

48.

Statutory Post of Head of Paid Service

To consider the following recommendation from the Cabinet meeting held on 21 May 2013:

‘To approve and recommend to Council that the statutory Head of Paid Service role now becomes the responsibility of the Corporate Directors, on a rotational basis, and that the Monitoring Officer is instructed to make any consequential amendments to the constitution’.

The report considered by Cabinet is attached as background information.

 

Supporting documents:

Minutes:

With the Chairman’s permission, the Leader presented the recommendation of Cabinet dated 21 May 2013 as follows:

 

‘To approve and recommend to Council that the statutory Head of Paid Service role now becomes the responsibility of the Corporate Directors, on a rotational basis and that the Monitoring Officer is instructed to make any consequential amendments to the constitution’.

 

The report previously considered by Cabinet was presented as background information to Council. It was noted that it was proposed that the Head of Paid Service would rotate between the three Corporate Directors every four months.

 

It was explained that the designation of the statutory role of head of paid service to the Service Director HR & OD had operated well. However recent advice on safeguarding included a recommendation for the Chair of Local Safeguarding Children’s Board (LSCB) to report to the Head of Paid Service. In addition a review of the current corporate leadership team had led to a proposal to change the membership of the team to further strengthen the organisational leadership role of the corporate directors.

There was discussion on how the role of overseeing the work of the chair of the LSCB could effectively be discharged under the proposed arrangements, given advice that this could not be undertaken by the statutory Director of Children’s Services.  It was agreed that this would be looked into further with a view to bringing back a protocol on how the role of Head of Paid Service would be discharged having regard to recent guidance on the Council’s safeguarding responsibilities.

 

Resolved:

 

(a)   That a Protocol on the future role of the Head of Paid Service be drawn up and presented to the next ordinary meeting of Council on 12 November 2013.

 

(b)    That in the meantime, Corporate Director, Maggie Rae be appointed Head of Paid Service.

 

 

 

 

 

49.

Annual Report on Treasury Management 2012/13

Report by Service Director for Finance.

Supporting documents:

Minutes:

At the Chairman’s request, Cllr Dick Tonge, Cabinet member for Finance, Performance, Risk, Procurement And Welfare Reform presented the annual report on Treasury Management for the period 2012/13 following consideration and recommendation by Cabinet on 18 June 2013.

 

The report reviewed:

 

a)    PrIs, Trls and other treasury management strategies set for 2012-13 against actual positions resulting from actions within the year and

 

b)    investments during the year in the context of the Annual Investment Strategy.

 

Cllr Tonge guided Council through the detail of the report. Cllr Trevor Carbin asked a question on progress with recovering monies from the Icelandic Banks. Cllr Tonge undertook to provide Cllr Carbin with a written response.

 

Resolved:

 

That Council receives and notes the Annual Treasury Management report for the period 2012/13 and in particular the :

 

(a) Prudential Indicators, Treasury Indicators and other treasury management strategies set for 2012-13 against actual positions resulting from actions within the year as detailed in Appendix A of the report presented; and

 

(b) Investments during the year in the context of the Annual Investment Strategy as detailed in Appendix B of the report presented.

 

 

50.

Annual Report of the Corporate Parenting Panel - 2012/13

To receive the Annual Report of the Corporate Parenting Panel.

Supporting documents:

Minutes:

Cllr Alan Macrae, Portfolio Holder for Safeguarding presented the Annual Report of the Corporate Parenting Panel for the period 2012/13. He reminded members that they were all Corporate Parents and thanked them for their commitment towards safeguarding by their attendance at the Safeguarding induction events and for signing the Safeguarding Pledge.

 

Cllr Macrae thanked officers for the report and members of the Corporate Parenting Panel for all their hard work. He referred to recent fundraising initiatives to support the Council’s looked after children.

 

Cllr Jon Hubbard reminded members that the Council had been judged as outstanding by Ofsted on the way we worked with our looked after children. He thanked officers for their hard work and dedication, particularly Karen Reid and Lin Hitchman.

 

Clarification was sought on the issue of DBS checks and whether previously issued CRB checks were still in force or would have to be renewed every 3 years as referred to in the report presented. It was agreed to issue a clear statement to members on this issue.

 

Resolved:

 

That the Annual Report of the Corporate Parenting Panel for the period 2012/13 be received and noted.

 

 

 

51.

Review of Proportionality and Allocation of Seats on Committees to Political Groups

51a)

review of committee places

Report of the Solicitor to the Council and Monitoring Officer

Supporting documents:

Minutes:

Following changes in the number of seats held by individual political groups on the Council, a request had been received from the Leader of the Conservative Group for a review of the allocation of seats to political groups.

 

There were currently 4 political groups on the Council. The respective strengths of those groups following the changes were as follows:

 

Name of group                                                         No. of Councillors in group

 

Conservative                                                                                           59

Liberal Democrat                                                                         26

Independent                                                                       8

Labour                                                                                4

Ungrouped                                                                          1

 

The net effect of the change in political group sizes was that the Conservative group would gain 2 seats and the Liberal Democrat group would lose 2 seats. A scheme of committee places was presented which had been the subject of discussion with Group Leaders.

 

The report explained how a review was carried out and the principles that had to be applied.

 

Resolved:

 

(a)    To note this report and the legal requirements.

(b)     To confirm the aggregate number of committee places available to members of the Council being 174 as set out in Appendix B.

(c)   To approve the following changes to the appointment of Councillors to committees to serve until the next occasion membership is reviewed under the provisions of the Local Government and Housing Act 1989:

 

·         Cllr John Knight – removed from Western Area Planning Committee as a Liberal Democrat group member and added as a Conservative group member

 

·         Cllr Helena Mckeown – removed from Children’s Select Committee as a Liberal Democrat group member (becoming a substitute member)

 

·         Cllr Sheila Parker – appointed to Children’s Select Committee as a Conservative group member

 

 (d)    To make changes to the revised membership of the Wiltshire and Swindon Fire Authority for 2013/14 as follows:

·         Cllr Howard Marshall (Liberal Democrat) – be removed

·         Cllr John Knight (Conservative) – be appointed.

51b)

Membership of Committees

To determine any requests from Group Leaders for changes to committee membership in accordance with the allocation of seats to political groups approved by the Council.

 

Supporting documents:

Minutes:

The Chairman invited Group Leaders to present any requests for changes to committee membership in accordance with the allocation of seats to political groups approved by Council.

 

Following requests from Group Leaders and on being put to the vote, it was

 

Resolved:

 

That Council approve the following changes to committee membership:

 

                                                                                                                                                           

Licensing Committee                                      remove            Cllr Peter Hutton

                                                                        Add                  Cllr Allison Bucknell

                                                                        Remove          Cllr Allison Bucknell (Substitute)

                                                                        Add                  Cllr Bill Moss (Substitute)

 

Overview and Scrutiny Committee                Add                  Cllr Crisp

                                                                        Remove          Cllr Peter Hutton

                                                                        Add                  Cllr S Dobson

                                                                        Remove          Cllr P Oatway

                                                                        Add                  Cllr P Oatway (Substitute)

 

Children’s Select Committee                                                                                                                                                                                      Remove          Cllr Sheila Parker (Substitute)

                                                                        Add                  Cllr Stuart Dobson (Substitute)

                                                                        Add                  Cllr Chuck Berry (Substitute)

                                                                        Add                  Cllr Helena McKeown (Substitute)

                                                                        Remove          Cllr Mark Packard (Substitute)

 

Health Select Committee                               Remove          Cllr Peter Hutton

                                                                        Add                  Cllr Mary Champion

                                                                        Add                  Cllr John Knight (Substitute)

                                                                        Remove          Cllr Mary Champion (Substitute)

Add                  Cllr Chuck Berry (Substitute)

                                                                        Add                  Cllr Gordon King

                                                                        Remove          Cllr Gordon King (Substitute)

Remove          Cllr John Knight (Substitute)

Add                  Cllr David Jenkins (Substitute)

Add                  Cllr Rosemary Brown (Substitute)

                                                                                                           

 Appeals Committee                                       Remove          Cllr John Smale                                 

                                                                        Add                  Cllr Sheila Parker                               

                                                                        Add                  John Knight (Substitute)

                                                                        Remove          Cllr Steve Oldrieve

                                                                        Add                  Cllr Desna Allen

 

Staffing Policy Committee                             Remove          Cllr Peter Hutton (Substitute)

                                                                        Add                  Cllr Fleur de Rhé Phillipe (Substitute)

                                                                        Add                  Cllr Bill Moss (Substitute)

 

 

Standards Committee                                     Add                  Cllr Pip Ridout (Substitute)

 

Police and Crime Panel                                  Add                  Cllr Trotman (Substitute)

 

Audit Committee                                             Add                  Cllr Jacqui Lay (Substitute)

 

Pension Fund Committee                               Add                  Cllr Fleur de Rhé Philipe (Substitute)

 

Environment Select Committee                     Add                  Cllr Phil Whalley (Substitute)

Appendices

Appendix A – Questions from Councillors and responses

Appendix B – Scheme of Committee places

Supporting documents: