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Agenda and minutes

Venue: Council Chamber - County Hall, Bythesea Road, Trowbridge, BA14 8JN. View directions

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

Items
No. Item

1.

Apologies

To receive any apologies for the meeting.

Minutes:

Apologies for absence were received from Councillors Chris Caswill, Bill Douglas, Mary Douglas, John Smale, Jemima Milton, Phil Whalley and Fred Westmoreland.

2.

Minutes of Previous Meeting

To approve as a correct record and sign the minutes of the last meeting of Council held on 12 November 2013.

Supporting documents:

Minutes:

The minutes of the last meeting held on 12 November 2013 were presented.

 

Resolved:

 

That the minutes of the last Council meeting held on 12 November 2013 be approved as a correct record and signed by the Chairman.

3.

Declarations of Interest

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

 

Minutes:

Cllr Toby Sturgis declared a disclosable pecuniary interest in the item on the Drainage Byelaws (minute no. 11 refers) as the Bristol Avon River flowed through his land and took no part in the discussion or voting on the item.

4.

Announcements by the Chairman

To receive any announcements through the Chair.

Minutes:

(a)          Recent Royal Visits

 

The Chairman announced that in November, His Royal Highness the Prince of Wales visited Sherston at the invitation of the Prince’s Countryside Fund. 

 

His Royal Highness visited business units – Compass Graphic Design Ltd., - Pulse Business Software/Electric Octopus Ltd., - Balcony House Cellars and Sherston Post Office and Stores where he spoke with employers and staff about their respective products.

 

(b)       County of Wiltshire Carol Service

 

The Chairman explained that at the last meeting in November, she had  reminded members of the carol services being held, both the Wiltshire Carol Service on 10 December and the staff carol services held at the hubs.

 

The Chairman thanked all members who had supported these services.

 

(c )       New Year Honours List – Wiltshire Recipients

 

The Chairman was delighted to to announce that a number of Wiltshire residents had received national recognition in the recent New Year Honours list.

 

A CBE was awarded to

Professor Van Jonathan Gore of Salisbury for services to higher education

 

An OBE was awarded to

Professor Nigel Leslie Brown, FRSE of Chapmanslade for services to science

 

Mr. Robin Clark of Calne for charitable services through the Underwood Trust

 

MBE’s had been awarded to:

Mrs. Susan Veronica Eliot-Cohen, Dl of Marlborough for services to charity and to the community in Ramsbury, Wiltshire

 

Wiltshire Councillor John Nicholas Fogg of Marlborough for services to the Marlborough International Jazz Festival and to the community in Marlborough, Wiltshire

 

Mrs. Lesley Gaynor Frazer of Chippenham for services to law and order and criminal justice

 

British Empire Medals were awarded to:

 

Mr. Michael John Henry Beck of Salisbury for services in fundraising in Salisbury, Wiltshire

 

Mrs. Diane Patricia Bell of Chippenham for services to the community in Nettleton, Wiltshire

 

Mrs. Clare Victoria Cliverd of Chippenham for services to the community in Seagry, North Wiltshire and to young people in Bath, Bristol And Great Somerford

 

Miss. Florence Anne Devine of Devizes for pastoral services to armed forces personnel

 

Mrs. Elspeth Ann Gibb of Marlborough for services to the community and to charity in Great Bedwyn, Wiltshire

 

Council joined with the Chairman in congratulating them all on receiving national recognition, noting in particular that an MBE had been awarded to the Council’s own Cllr Nick Fogg.

 

(d)      Members’ briefing on future provision of youth activities: positive leisure proposals

 

The Chairman reminded Council that a briefing for all members had been arranged to be held on the rising of this meeting. Cabinet at its meeting on 21 January considered various options for the future provision of youth activities and support and resolved to consult on all four options  with local people – young people in particular, staff and other key stakeholders.

 

As part of this consultation process, members were invited to attend the briefing which would be led by the Cabinet member for Children’s Services, Cllr Laura Mayes and would outline the options being considered for future provision.  It was hoped that members would be able  ...  view the full minutes text for item 4.

5.

Petitions

5a)

Petition Received

The Council has received a petition from Mr Paul Gaunt with 2,673 signatories, details of which are attached.

 

Supporting documents:

Minutes:

The Chairman reported receipt of a petition from Mr Paul Gaunt, a Wiltshire resident. The petition with 2,648 signatories called for the resignation of the Leader and Cabinet of Wiltshire Council.

 

Mr Alan Shellard and Mr Mike White presented the petition to the Council. The petition had been instigated in response to increases in members’ allowances following Council’s decision dated 12 November 2013 to accept the recommendations of the Independent Remuneration Panel (IRP). The petitioners considered that in the face of the challenging financial situation, job cuts and the financial hardships faced by many residents, the Council should have shown restraint. Reference was also made to the evidence considered by the IRP in arriving at its recommendations. The Council was asked to review its decision on members’ allowances.

 

The Chairman thanked the petitioners for their petition. She explained that the appointment and dismissal of the Leader were matters for the Council to determine and the appointment and dismissal of Cabinet members were determined by the Leader.  This meant that what was being sought from the  petition could not be achieved through this means. The Chairman understood this had already been explained to Mr Gaunt. 

 

The Chairman explained that given that the petition was very much linked to the issue of members’ allowances which would be debated later in the meeting under item 7 (a) – notice of motion on members’ allowances, she did not intend for there to be a debate on the petition.  She invited Mr Gaunt and petitioners present to stay for that item and indeed the rest of the meeting. The Chairman therefore moved that the petition be received and noted and this was duly seconded.

 

Resolved:

 

That the Petition from Mr Gaunt be received and noted by the Council.

 

 

 

5b)

Petitions Update

Report of the Democratic Governance Manager.

 

Supporting documents:

Minutes:

A report by the Democratic Governance Manager presented which gave

Council details of the 2 petitions received for the period since the last Council

meeting, one of which was presented to Council under (a) above.

 

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.

6.

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 15 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 any 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 28 January 2014.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.

Supporting documents:

Minutes:

The Chairman reported receipt of a written statement and question from Mr Tom Corbin, details of which were presented together with a response to the question. Mr Corbin took the opportunity of asking a supplementary question to which the Chairman replied.

 

The Chairman also reported receipt of two questions from Mrs Charmian Spickernell, details of which were presented together with the response to the first question and a verbal response given to the second question. Mrs Spickernell took the opportunity of asking a supplementary question to which Cllr Fleur de Rhé-Philipe, Cabinet Member for Economy, Skills and Transport responded.  

 

Details of the statement, questions and responses are attached as an Appendix to these minutes.

 

 

7.

Notices of Motion

For ease of reference, the rules on how a motion is dealt with at Council taken from Part 4 of the Council’s constitution is attached.

 

To consider the following notices of motion:

Supporting documents:

7a)

Notice of Motion No.6 - Members' Allowances - Cllrs Jeff Osborn, Terry Chivers, John Walsh, Helen Osborn, Ernie Clark, Brian Dalton, Ian West, Ian Tomes, Ricky Rogers, and Trevor Carbin

Details attached.

 

 

Supporting documents:

Minutes:

Public Participation

 

Mr Brian Warwick and Mr John Bowley addressed Council on this issue.

 

 

The Chairman reported receipt of the above mentioned motion from Cllr Jeff Osborn. As the motion involved a proposal to rescind a decision made within the last six months, the motion was signed by ten Councillors mentioned above as required by the constitution.

 

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

Cllr Terry Chivers:

 

‘That this Council agree to rescind the decision on Members’ Allowances made by Council on 12th November 2013.’

 

Cllr Jeff Osborn explained that the increase in members’ allowances was of great concern to the public and that he, as had other members, been contacted by several constituents over the matter. He considered that the decision on members’ allowances had attracted negative media attention for the Council, both locally and nationally and sparked comments from Government ministers. He considered given the challenging financial situation faced by the Council and many of its residents, members should not have taken the increase and urged them to now rescind the decisions on members’ allowances. Cllr Osborn did acknowledge that the Leader had decided to forgo her increase.

 

Given that the issue of members’ allowances was a matter reserved for Council, the Chairman moved that the motion be debated and this was duly seconded by the Vice-Chairman and on being put to the vote, it was

 

Resolved:

 

That the motion be debated.

 

Debate

 

The Leader explained that her decision to forgo the increase was her personal decision, which was also open to any other member. She noted that some members who had voted against the increase were taking the increase, whereas some members who had voted for it, were not. She did however agree with the decisions made by Council in November and would therefore not be supporting the motion. The Independent Remuneration Panel (IRP) had acknowledged that the allowances set in 2009 had in hindsight not been set at the right level given that time had shown that the duties and time commitment required for the various roles on the Council had been significantly under estimated.

 

She explained that the attention being given to her own allowances in particular had been detracting from the real work of the Council with the pressing priority being emergency planning and responding swiftly to the developing flooding crisis. The Leader also pointed out that the decision to become a unitary authority had also generated significant savings on allowances as a result of having far fewer members across the County.  She also emphasised that the decisions on allowances taken by Council in November had been made democratically and having regard to the recommendations of the IRP.

 

Cllr Jon Hubbard explained that he had voted against the increase at the November meeting. However, he accepted that the decision was taken democratically and considered that a decision should only be rescinded in cases where the basis of the original decision was unsound. He did not believe this  ...  view the full minutes text for item 7a)

7b)

Notice of motion No. 7 - Changing Call-in Procedures - Cllrs Jon Hubbard and Gordon King

Details attached.

Supporting documents:

Minutes:

The Chairman reported receipt of the above mentioned motion from Cllrs Jon Hubbard and Gordon King.

 

Cllr Hubbard moved the following motion which was duly seconded by Cllr King:

 

‘Council resolves to amend the provisions on call-in as set out in Part 8 Overview and Scrutiny Procedure Rules of the constitution to enable a call-in request to be made by any 5 non-executive members of the council or the Chair of the Management Committee.

Specifically to amend Paragraph 34 removing the words "three members of the management committee" and inserting "five non-executive members of the council". Therefore the new paragraph would now read:

During that period, the designated scrutiny officer shall call-in a decision for scrutiny by the management committee if so requested by the chair or any five non-executive members of the Council, and shall then notify the decision-maker of the call-in. He/she shall call a meeting of the management committee on such date as he/she may determine, where possible after consultation with the chair of the management  committee, and in any case within five days of the decision to call-in.

This change to the constitution to take immediate effect.’

 

Cllr Hubbard considered that the motion should be adopted to correct what he considered to be an anomaly in that it only took 5 members out of 98 to requisition an extraordinary meeting of Council and only 3 members limited to the membership of a 13 strong overview and scrutiny management committee to request a call-in. He considered that the request for call-in should be available to all non-executive members.

As amendments to the constitution were reserved to Council, the Chairman moved that motion be debated and this was duly seconded and on being put to the vote, it was

Resolved:

That the motion be debated.

Debate

It was noted that the Standards Committee in considering the proposal at its meeting on 20 January 2014, agreed that the matter could be considered and determined by this Council meeting without referral back to the Committee.

In the debate which ensued, Cllr Roy While proposed an amendment to the effect that a request for call-in be made by any 10 non-executive members and this was accepted by Cllrs Hubbard and King.

Cllr Simon Killane, Chairman of the Overview and Scrutiny Management Committee explained that whilst he did not necessarily agree with the motion, it was up to the Council to agree.

Resolved:

 

a)            That motion no 7 – Changing call-in procedures be adopted as amended as follows:

            That paragraph 34 of Part 8 of the constitution – Overview and Scrutiny Procedure Rules be amended as follows:

            ‘During that period, the designated scrutiny officer shall call-in a  decision for scrutiny by the management committee if so requested by any ten non-executive members of the Council, and shall then notify the decision-maker of the call-in. He/she shall call a meeting of the management committee on such date as he/she may determine, where possible after consultation with the chair of  ...  view the full minutes text for item 7b)

8.

Councillors' Questions

Please note that Councillors 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 28 January 2014.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.

Supporting documents:

Minutes:

The Chairman reported receipt of questions from Cllrs Terry Chivers, Jeff Osborn, Helen Osborn, Helena McKeown and David Jenkins, details of which were circulated in the agenda supplement with one response tabled at the meeting, copy attached as an Appendix to these minutes.

 

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. Verbal responses as indicated in the supplement were given where the questioners were still present.

 

 

9.

Wiltshire Local Transport Plan 2011-2026: Other Strategies

To consider the following recommendation of Cabinet from its meeting on 21 January 2014:

 

That Cabinet approves the Wiltshire Local Transport Plan (LTP3) 2011 – 2026: Accessibility, Cycling, Powered Two Wheeler and Smarter Choices strategies and recommends adoption by the Council at its meeting on 4 February 2014.

 

The report considered by Cabinet is attached as background information. The LTP3 document is enclosed separately for members, for members of the public, it is available on the Council’s website along with this Summons and available on request.

 

Supporting documents:

Minutes:

Cllr John Thomson, Cabinet member for Highways and Streetscene and Broadband presented four sub documents of the Wiltshire Local Transport Plan (LTP3) 2011-2026: Accessibility Strategy, Cycling Strategy, Powered Two-Wheeler Strategy and Smarter Choices for Council’s consideration and adoption. It was noted that further LTP3 theme strategies and area strategies, and implementation plans were planned to be developed.

 

The documents had been approved for onward recommendation to this Council meeting by Cabinet at its meeting on 21 January, 2014. The report considered by Cabinet was presented as background information. Cllr Thomson guided Council through the key points of the documents and answered members’ questions which included questions on safe cycle routes and electric buggies.

 

Resolved:

 

That Council adopt the Wiltshire Local Transport Plan (LTP3) 2011-2026: Accessibility Strategy, Cycling Strategy, Powered Two-Wheeler Strategy and Smarter Choices Strategies.

 

10.

Standards Committee Recommendations on Changes to the Constitution

Report by the Associate Director, Legal and Governance and Monitoring Officer incorporating recommendations from the Standards Committee on revisions to the Wiltshire Council Constitution.

 

This item was deferred by Council at its meeting on 12 November 2013, pending a briefing on the changes for all councillors which has been arranged for 30 January 2014. This now includes a further recommendation from the Standards Committee  made since the last meeting of Council.

Supporting documents:

Minutes:

As requested at the last Council meeting, a briefing session for members was held on 30 January 2014 to go through the detail of the proposed changes as recommended by the Standards Committee. Members thanked Ian Gibbons, Monitoring Officer for the excellent briefing held and suggested that similar briefings be arranged in respect of future changes.

 

Cllr Julian Johnson, Chairman of the Standards Committee presented a report which detailed the proposed changes together with the necessary documents from the constitution with tracked changes for ease of reference. Cllr Johnson moved the proposed changes and this was duly seconded by Cllr John Noeken.

 

Resolved:

 

a)        That Council approve the recommended changes to the following documents of the constitution as presented:

           

Protocol 2 - Councillor/ Officer Relations

Protocol 3 - Guidance to Members on Outside Bodies

Protocol 4 - Planning Code of Good Practice

Part 5 - Access to Information Procedure Rules

b)        That Council agree:

 

 i.                NottoamendtheCodeof Conduct toimposea requirementto register additionalinterestsoverandabovethestatutory disclosablepecuniary interests,but torelyon theexisting provisionsoftheCode,inparticular, paragraph 6, and guidance from the DCLG‘Openness andtransparency on personal  interestsandto drawthisguidance  totheattentionof parish, townandcitycouncils.

 

ii.       ToamendtheCouncil’sConstitutiontorequirecouncillorswitha disclosablepecuniaryinterest towithdrawfroma meeting in their capacity as  ...  view the full minutes text for item 10.

11.

Drainage Byelaws

Report by ParvisKhansari, Associate Director, Highways and Transport

Supporting documents:

Minutes:

Cllr Toby Sturgis declared a disclosable pecuniary interest in this item as the Bristol Avon River flowed through his land and took no part in the discussion or voting on the item.

 

Cllr Jonathon Seed, Cabinet Member for Communities, Campuses, Area Boards, Leisure, Libraries and Flooding was invited by the Chairman to present a report which sought Council’s adoption of Land Drainage Byelaws. The making of the Byelaws would help protect communities, especially those who were most vulnerable, from flooding. They would provide scope for the Council to work with local communities to reduce flood risk, and help empower communities to do more for themselves.

 

The proposed Byelaws, based on the Defra model, would cover matters such as changes to flows in watercourses, obstructions, vegetation, damage to river banks and other issues which would be of help to the Council in carrying out its duties as Highway and Lead Local Flood Authority.

 

Council was advised of the various stages in making the Byelaws which had been followed and of responses to the consultation, details of which were presented.  The views of the Environment Select Committee which had considered proposals for the Byelaws at its meeting on 10 December 2013 were also reported.

 

Resolved:

 

That Council:

 

(a)       agree to make the Drainage Bylaws as included as Appendix 1 of the report presented and carry out the formal consultations and

 

(b)       subject to the outcome of the formal consultations, request the Secretary of State to confirm the Drainage Bylaws.

 

 

12.

Pay Policy Statement and the Publication of Senior Staff Pay

To consider the recommendation of the Staffing Policy Committee from its meeting held on 8 January 2014 that Council approve the Pay Policy Statement.  Report by Barry Pirie, Associate Director - People & Business Services.

Supporting documents:

Minutes:

Council considered a report which sought Council approval of an updated pay policy statement which applied to all non-schools employees of Wiltshire Council as recommended by the Staffing Policy Committee held on 8 January 2014. Once approved, the pay policy statement would be published in accordance with Section 38 of the Localism Act 2011.

 

Resolved:

 

That Council approve:

 

(a)       the updated Pay Policy Statement set out in Appendix 1 of the report presented and

 

(b)      the continued publication of senior staff salaries with a threshold of £58,200, along with job descriptions, budget responsibilities and numbers of staff. Individuals are asked to consent for their names to be included.

 

 

 

13.

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 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.

 

Supporting documents:

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

17, 21 November 2013, 21 January 2014

Cabinet Capital Assets Committee

21 November 2013, 21 January 2014

Cabinet Transformation Committee

17 December 2013

Overview and Scrutiny Management Committee

5 November, 7 January 2014

Children’s Select Committee

3 December 2013

Health Select Committee

19 November 2013

Environment Select Committee

29 October 2013, 10 December 2013

Licensing Committee

5 November 2013

Northern Area Planning Committee

23 October, 13 November, 4 December 2013, 8 January 2014

Eastern Area Planning Committee

24 October, 5 December 2013

Southern Area Planning Committee

28 November 2013

Western Area Planning Committee

6 November, 27 November, 18 December 2013

Strategic Planning Committee

11 December 2013

Standards Committee

20 January 2014

Audit Committee

18 December 2013

Staffing Policy Committee

6 November 2013, 8 January 2014

Wiltshire pension Fund Committee

4 December 2013

Wiltshire Police and Crime Panel

5 November, 26 November 2013

Wiltshire health and Wellbeing Board

21 November 2013

 

The Chairman then invited questions from members 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.

Overview and Scrutiny Management Committee

Cllr Simon Killane, Chairman of the Committee reminded Council that a special meeting of the Committee would be held on 5 February to consider the proposed 2014/15 budget to which all members were invited.

Children’s Select Committee

Cllr Jon Hubbard, Chairman of the Committee explained that the next meeting would be preceded by a training session on the extremely important issue of childhood sexual exploitation. All members were welcome to attend this and future training sessions.

Western Area Planning Committee

Cllr Roy While, Vice-Chairman of the Committee reminded members that the meeting to be held on 5 February would be preceded by a briefing on the Wiltshire Core Strategy and consideration of the future timing of the Committee.

Standards Committee

Cllr Julian Johnson explained that the Committee would be considering among other things the Council’s petitions scheme and members’ access  to part II reports.

Police and Crime Panel

Cllr Richard Britton, Chairman of the Panel advised that a meeting of the Panel would be held on 6 February when it would be considering the Police and Crime Commissioner’s precept proposal for 2014/15.

 

Resolved:

That the minutes of the above mentioned minutes be received and

noted.

 

 

 

 

 

14.

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 previously approved by the Council.

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.

 

Cllr Jon Hubbard, Leader of the Liberal Democrat group Sought Council’s approval to the following changes in membership:

 

Staffing Policy Committee                          Remove - Cllr Jon Hubbard

                                                                        Add        - Cllr Bob Jones

                                                                        Substitutes:

                                                                        Remove - Cllr Rosemary Brown

                                                                        Add        - Cllr Jon Hubbard

 

Resolved:

 

That Council approve the above mentioned committee membership changes.

Appendix

Questions and responses

Supporting documents: