Agenda and minutes

Apologies were received from Cllr Jerry Wickham.

To confirm and sign the minutes of the Cabinet meeting held on 27^th November, 2018 previously circulated.

The minutes of the meeting held on 27^th November 2018 were presented.

Resolved:

To approve as a correct record and sign the minutes of the meeting held on 27^th November 2018.

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

There were no declarations of interest.

The Leader explained the approach to public participation during the meeting.

The Council welcomes contributions from members of the public. This meeting is open to the public, who may ask a question or make a statement. Questions may also be asked by members of the Council.  Written notice of questions or statements should be given to Stuart Figini of Democratic Services by 12.00 noon on Wednesday, 5^th December 2018. Anyone wishing to ask a question or make a statement should contact the officer named above.

1.    Dan Hunt made a statement about climate change and called on the Council to declare a climate emergency.

2.    Alice Brown asked if Wiltshire Council will join Bristol City, Manchester and a growing number of other Councils in declaring a state of climate emergency.

The Leader of the Council thanked Dan and Alice for their attending the Cabinet meeting and raising the important issues of climate change in their statement and question. The Leader explained that climate change is a matter that the Council take very seriously and that this was demonstrated by (i) the high level of waste recycled in the county, (ii) considering proposals for LED lighting to be installed across the county, (iii) encouraging the use of electric cars, and (iv) the main council offices in Trowbridge being very energy efficient. The Leader indicated that the Council does what it can within the current financial constraints, and suggested that local MP’s should be lobbied as they have more influence over national polices relating to climate change, and therefore, it was not appropriate for Wiltshire Council to declare a climate emergency.

3.    Colin Gale, on behalf of Pewsey Community Area Partnership (PCAP), Campaign to Protect Rural England (CPRE) and Pewsey Parish Council (PPC), reported that he had not received a response to the questions he had asked at the last meeting of the cabinet on 27^th November 2018.

The Leader of the Council asked for a written response to be sent to Mr Gale by the end of the week at the latest.

4.    Colin Gale, on behalf of Pewsey Community Area Partnership (PCAP), Campaign to Protect Rural England (CPRE) and Pewsey Parish Council (PPC), asked a number of questions about the Cabinet Forward Work Plan and how it complied with the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, in relation to the decision made by Cabinet at its meeting on 9^th October 2018 to close the Everleigh Household Recycling Centre.

Cllr Richard Clewer, Cabinet Member for Housing, Corporate Services, Arts, Heritage and Tourism confirmed that a written response would be prepared for Mr Gale.

5.    Cllr Jon Hubbard reported that he had attended a public meeting about the closure of a doctor’s surgery in Melksham and expressed a concern about the number of GP’s available to serve the population in Melksham.  He asked whether the number of GP’s was sufficient and what steps were being taken to attract GP’s to Wiltshire, especially as it was proving difficult to recruit them to the service.

The Leader of the Council explained that a Special Health and Wellbeing meeting was being held later in the week and she would raise his concerns at this meeting.

    Report by Corporate Director Terence Herbert.

Cllr Philip Whitehead presented a report which set out proposals received for the sale of the Council’s outdoor education sites and operation at Oxenwood and Braeside, and identified the preferred bidders.

The Leader invited statements and questions as detailed below:

Giles Aspinall, Chief Executive of the Magdalen Environmental Trust, who had submitted a tender for the purchase of Braeside Outdoor Education Centre.  The statement and question from Mr Aspinall was published on the Council’s website prior to the Cabinet meeting. The statement detailed the concerns of Mr Aspinall that the proposed arrangements for Braeside were outside the published parameters of the sale, which was in contradiction to the resolution made by Cabinet on 27^th March 2018. The statement also relayed a concern about the report omitting key information from the Trust’s tender with regard to social value.

Rachael Ross, representing Devizes Labour Party, (i) was pleased to read in the report that the closure of Braeside would be deferred until January 2020 at the latest, although she was unsure about the detail of the proposed move to Lackham College; (ii) asked about increased transparency within the process, since the Cabinet meeting on 27^th March 2018; and (iii) asked for details about the Council’s plans for future consultation on the sale of both Centre’s and the decision process. Ms Ross, commented later in the meeting about the importance of staff consultation and asked that the future of Braeside is considered as a separate entity to Oxenwood.  

In response to the questions from Mr Aspinall and Ms Ross, Cllr Whitehead (i) explained that they key financial information was contained in the exempt report, which would be considered later in the meeting; (ii) commented on the exhaustive consultation already undertaken with stakeholders regarding the future operation of the two outdoor education centres; and (iii) explained that the report proposed to delegate to officers, in consultation with the Cabinet member, negotiations with the preferred bidders and the completion of contracts on terms to be agreed.

Cllr Whitehead reminded the Cabinet that they had considered the review of outdoor education facilities at their meeting on 27^th March 2018 and agreed that both Braeside and Oxenwood would close in August 2018. Following representation from the public and community groups, and organisations expressing interest in continuing the Centre’s operations, an exercise was undertaken to explore the interest further. Cabinet at its meeting on 2^nd June 2018 agreed to keep the Centre’s open until December 2018 and a formal bidding process commenced. Seven proposals were received and evaluated against an agreed set of criteria by officers. In addition to the review and evaluation by officers, the proposals were considered by outdoor education staff, outdoor education specialists and the Traded Services for School Task Group. Cllr Whitehead thanked all involved in the negotiations for their contributions, which were very valuable and assisted in the development of the proposals to be considered by the Cabinet for the future of outdoor education in Wiltshire.

The Leader welcomed  ...  view the full minutes text for item 314.

    Report by Corporate Director Terence Herbert.

Councillor Laura Mayes presented the report which provided relevant information for the Cabinet to make a fully informed decision on the closure proposal in relation to Corsham Lypiatt Primary School.

The Cabinet were reminded that following their meeting held on 25^th September 2018, a Statutory Notice was published proposing to close Lypiatt Primary School with effect from 31^st March 2019.  There were no objections received to the proposed closure. 

Cllr Mayes was pleased to announce that funding of £38,000 had been secured from the MOD Education Support Fund, which would allow the school to remain open until the end of the academic year 2018/19 (August 2019). 

Councillor Ruth Hopkinson expressed her support for and gratitude to the Headteacher and her team for the incredible work undertaken at the school. She also thanked Cllr Mayes for securing the additional funding that would keep the school open until the end of the 2018/19 academic year. 

Resolved: That the proposal to discontinue (Close) Corsham Lypiatt Primary School with effect from 31 August 2019 to allow pupils to complete the academic year at the school be approved.

Reason for decision:

Given the size of the forecast deficit and the absence of sustainable additional funding, the only viable long term option is to close the school

Report by Corporate Director Alistair Cunningham.

Councillor Philip Whitehead presented the report which recommended that Cabinet approve the Council Tax Base for 2019/2020.

Councillor Whitehead explained that he was confident that the expected number of new build homes in Wiltshire would meet the expected number included in the calculation for the Council Tax Base.

Concerns were raised about the potential for a number of residents to default on their Council Tax due to Universal Credit, and the policies and procedures implemented by the Council to recover the debts. Councillor Whitehead explained that the Council did follow up Council Tax debt, but that this was undertaken in a compassionate way and the Council would provide as much help as possible to those who were experiencing difficult circumstances, to help them back onto an even keel. The Leader of the Council explained that the Council worked closely with a number of organisations to help people in difficult financial positions to receive the appropriate support.   

The Cabinet noted that the proposal had been scrutinised by the Financial Planning Task Group, who noted that historically the Council had achieved a good level of accuracy in predicting council tax income.

Resolved:

i)     To approve the Council Tax Base for 2019/2020.

ii)    To note that the recommended collection rate adjustments are set at 99.75% and 82.50%, to give a resulting overall collection rate adjustment of 98.92% which reflects current expectations for collection (further details are outlined in the main body of the report).

iii)  Approve that The Chief Finance Officer is continued to be given delegated authority to determine the estimated Collection Fund balances (council tax and business rates) as at 31 March 2019 by 15 January 2019.

Reason for decision:

Before the Council Tax can be set by the Council in February 2019 a calculation has to be made and approved of the Council Tax Base, which is an annual requirement as laid out in the Local Government Finance Act 1992.

Report by Corporate Director Alistair Cunningham.

Cllr Philip Whitehead presented a report which (i) advised on the revenue and capital budget monitoring position as at the end of period 7 (end of October 2018) for the financial year 2018/19 with suggested actions as appropriate, and (ii) advised on the position of the 2018/19 capital programme, as at period

7 (31 October 2018), including budget changes.

Matters raised in the course of the presentation and discussion included: that if no management action was taken that there would be a £2.064m deficit, but that action would be taken in many areas to ensure that a balanced budget would be delivered; that whilst it was a significant amount of money, the projected overspend represented 2 days spend.

In response to questions from Councillor Ian Thorn, Chair of the Financial Planning Task Group, Councillor Philip Whitehead stated that the Council had limited control over the Dedicated Schools Grant (DSG), provided by the Education and Skills Funding Agency, and the Interim Director Finance and Procurement, confirmed that the DSG could be carried forward for 3 years with the Council rectifying the issue within this timescale.

Councillor Mayes confirmed that the Council was still amongst one of the lowest 40 funded authorities and the consequences of this on the provision of SEND. A written response would be provided by Councillor Jerry Wickham about the cost for levels of spot purchases and how this could be addressed in the future.

Resolved:

i)     To note the outcome of the period 7 (end of October) budget monitoring and to approve all revenue budget amendments outlined in the report in appendix B.

ii)    To reinforce the need for expenditure to be contained within the budget agreed in February 2018, with individual recovery plans to be produced for areas showing overspends, and these will be reported to Members in the next monitoring report at period 9.

iii)  To note the budget movements undertaken to the capital programme shown in appendices E and F and to also note the reprogramming of £37.980 million capital budget between 2018/19 and 2019/20.

Reason for decision:

To inform effective decision making and ensure a sound financial control environment.

To inform Cabinet of the position of the 2018/19 capital programme as at Period 7 (31 October 2018), including highlighting any budget changes.

Report by Corporate Directors Dr Carlton Brand, Alistair Cunningham and Terence Herbert.

Cllr Philip Whitehead presented a report which provided an update on performance against the stated aims in the council’s Business Plan 2017-27. The report provided information on key measures as well as the council’s strategic risk register.

In response to a question from Cllr Ian Thorn about the metrics included in the report and how they were used as a management tool, Cllr Whitehead explained that improvements were required in this area and the forthcoming digitisation of services would help in this respect.

In response to further questions from Cllr Gavin Grant about the standards point score achieved by A Level students in Wiltshire compared to the England average and the reduced number of young people attending road safety training in the current quarter, Cllr Mayes explained that the Education Standards Board had considered the standards in A Level results and there were no particular reasons why there was a lower average compared to the national figures.   

Cllr Toby Sturgis commented on an issue raised by Cllr Clare Cape about the successful defence of planning appeals by the Council. He explained that the graph in the report represented both householder and strategic appeals, which detailed an overall picture of appeals, and that he would consider the most appropriate way to represent this information in future performance management reports.

Cllr Richard Clewer reminded members that the graphs and metrics were aligned to various priorities within the current business plan. 

Resolved: To note the updates and outturns

i)     Against the measures and activities ascribed against the council’s priorities.

ii)    To the strategic risk register.

Reason for decision:

The current corporate performance framework compiles measures used to

monitor progress in service areas against planned objectives that relate to the

goals laid out in Wiltshire Council’s current Business Plan 2017-27.

The strategic risk register captures and monitors significant risks facing the

council: in relation to significant in-service risks facing individual areas and in

managing its business across the authority generally.

    Report by Corporate Director Alistair Cunningham.

Cllr Toby Sturgis presented a report seeking approval for (i) the first allocation of Community Infrastructure Levy (CIL) funding from the strategic fund; (ii) delegated authority to approve allocation of strategic CIL funding in relation to projects needed to support growth and ensure compliance with the Habitats Regulations; and (iii) consultation to be undertaken on a limited change to the Regulation 123 List.

Cllr Sturgis reminded Cabinet that it had approved the process for the review of the regulation 123 List and prioritisation of spending of strategic funds raised through the CIL at its meeting on 14^th March 2017. He referred to a number of projects including Abbeyfield School, Chippenham and several transport projects. Cllr Sturgis also referred to the emerging Trowbridge Bat Migration Strategy, and indicated that an amendment would be required to the Regulation 123 List to allow strategic CIL funding to be allocated towards relevant projects.

Cllr Hubbard expressed a concern that CIL funding was to be allocated towards the Abbeyfield School, Chippenham, a non Council asset, that only a few residents would benefit from. It was noted that the expansion of school places was an immediate priority to fulfil the Council’s statutory duty to provide school places, in light of a number of housing developments within Chippenham.

Cllr Matthew Dean, Chairman of the Environment Select Committee, reported that the Committee had not considered the report prior to it being considered by Cabinet, but the Committee had considered elements of the report. He noted that a small amount of funding would be raised by CIL for the Authority, and there would be competing demand for limited resources. 

Cllr Dean suggested that a discussion was necessary about how Town and Parish Council’s could collaborate in a community area in order to benefit from joint resources.  Cllr Sturgis confirmed that CIL funds were limited during the current transition period, however, in the longer term they would increase.  He explained that Town and Parish Council’s would have the ability to unlock funding that was not available to the Council. The Leader of the Council reminded the Cabinet that Town and Parish Councils had the ability to develop Neighbourhood Plans which would benefit them with a 25% contribution from any CIL payments.

Resolved:

i)     Approve the allocation of £119,000 CIL funding for preliminary studies for the expansion of secondary school places at Abbeyfield School, Chippenham.

ii)    Approve the allocation of £136,000 CIL funding for preliminary studies for the following three transport projects; Malmesbury Road Roundabout, Chippenham; Bridge Centre Gyratory, Chippenham, and A361 Holy Trinity Gyratory, Trowbridge.

iii)  Delegate authority to the Director for Economic Development and Planning, in consultation with the Cabinet Member for Spatial Planning, Development Management and Property and Director for Finance and Procurement, to approve variances to the funding approved in (i) and (ii).

iv)  Delegate authority to the Director for Economic Development and Planning to approve in consultation with the Cabinet Member for Spatial Planning, Development Management and Property and Director for Finance and Procurement the  ...  view the full minutes text for item 319.

    Report by Corporate Director Alistair Cunningham.

Cllr Bridget Wayman presented a report seeking approval to proceed with an ‘invest to save’ project to convert the Council’s existing street lighting to more energy efficient Light Emitting Diode (LED) units, and to approve the procurement of the new lighting units.

Cllr Wayman reported that energy costs had risen sharply in recent years, with an expectation that the costs would continue to rise in the future. The annual energy costs for street lighting are currently over £1.9m and with budget restrictions the costs were becoming increasingly unaffordable. Members were reminded that the Council had implemented a scheme to reduce energy consumption by operating the street lighting in the side roads in towns for part of the night only. This scheme was introduced from 2014 in all of the larger towns, and has operated successfully. Rising energy costs, and the reducing cost of LED lighting, have justified reviewing the case for LED lighting. The current units are becoming obsolete and going out of production, and are becoming increasingly difficult to obtain.

The report noted that LED lights used considerably less energy than the current lighting units, and a major advantage is that LED lights provide the opportunity to dim the lighting during off-peak periods to further reduce energy consumption. The report detailed the costs of the project and potential savings that could be achieved by implementing the proposals, with a payback period of 12 years.

The Cabinet noted that the proposal had been scrutinised by the Environment Select Committee, who were broadly supportive of the proposals and were pleased to hear that this was not a ‘PFI Scheme’. They favoured the invest to save approach and the fact that the installation of such lights would help to reduce Wiltshire’s carbon footprint.

Cllr Thorne commented on the proposal for a blanket dimming of lights between 8.00pm and 6.00am, and suggested that timings may need to be more flexible, taking into account the needs of the different communities throughout the county. Cllr Wayman indicated that 8.00pm was after the rush hour in most communities, but took into account the comments that were well made.

In response to comments about the historical process of considering a scheme to replace existing street lights with LED’s, Cllr Whitehead explained that with the modern advancements in technology, the implementation of the proposals was now economically viable.

Resolved:

i)      Agree to proceed with a scheme to replace the Council’s older street lighting lanterns with LED units.

ii)    Acknowledge the economic benefits of the proposed LED lighting project and the environmental benefits it will bring, especially in terms of reduced carbon footprint.

iii)   Include provision in the Council’s capital budget from 2019/20 for the scheme.

iv)   Approve the proposal to dim the new lighting between 8.00pm and 6.00am, with additional dimming after 11.00pm.

v)    Give consideration to the options for extending the LED lighting to other suitable Council owned lighting, including in public open space and car parks.

vi)   Delegate authority to the Director, Highways and Transport to  ...  view the full minutes text for item 320.

    Report by Corporate Director Dr Carlton Brand

Councillor Simon Jacobs, in the absence of Councillor Jerry Wickham, presented a report providing an update on the joint procurement process between Wiltshire Council and NHS Wiltshire Clinical Commissioning Group for Integrated Community Equipment and Support Services.  The report set out the approach being taken, including an indicative timetable for the procurement and scope of services.

Resolved:

i)     Note the scope of this joint procurement of Integrated Community Equipment and Support Services in Wiltshire.

ii)    Authorise the extension of the Section 75 Agreement between Wiltshire Council and NHS Wiltshire CCG in relation to ICESS (as set out in paragraph 29).

iii)  Delegate the authority, in relation to the services being commissioned by Wiltshire Council (as set out in paragraph 2 below):

a.    i. to approve the terms of the contract and all associated documents within the parameters set out in this report; and

b.    to award and enter into the contract and all associated documents, to the Corporate Director for Adult Social Care in consultation with the Cabinet Member for Health (including Public Health) and Adult Social Care.

Reason for decision:

1.    The purpose of this paper is to provide an update to Cabinet on the joint procurement process between Wiltshire Council and NHS Wiltshire CCG for Integrated Community Equipment and Support Services and sets out the approach that is being taken, including an indicative timetable for the procurement and scope of services.

2.    The need to facilitate hospital discharges and to support more people within the community has increased the need for efficient, appropriately resourced equipment services and referrals into the service have subsequently grown. This increase in demand is expected to continue and, where equipment may avoid the need for spend on more costly interventions (such as home care and care home placements), this is encouraged.

3.    This report is seeking approval to delegate authority to award contract, in relation to the services being commissioned by Wiltshire Council (as set out in paragraph 2 below).

4.    Cabinet is asked to authorise the extension of the Section 75 Agreement between Wiltshire Council and NHS Wiltshire CCG in relation to ICESS (as set out in paragraph 29).

This is to give further notice in accordance with paragraph 5 (4) and 5 (5) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 of the intention to take the following item in private.

To consider passing the following resolution:

To agree that in accordance with Section 100A(4) of the Local Government Act 1972 to exclude the public from the meeting for the business specified in Item Numbers 16 and 17 because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in  paragraph 3 of Part I of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.

Reason for taking item in private:

Paragraph 3 - information relating to the financial or business affairs of any particular person (including the authority holding that information).

Resolved:

To agree that in accordance with Section 100A(4) of the Local Government Act 1972 to exclude the public from the meeting for the business specified in Minute Number 324-325 because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in paragraph 3 of Part I of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.

   Report by Corporate Director Terence Herbert.

This item is exempt due to financial information provided in the

appendix.

Resolved:

i)     Cabinet delegates to the Director for Children’s Services in consultation with the Cabinet Member for Finance, Procurement, ICT and Operational Assets, the commencement of negotiations with the preferred bidders Wiltshire College and Community First, having regard to the recommendations and advice of the Outdoor Education Scrutiny Task Group.

ii)    Cabinet approves the deferral of closure of Braeside and Oxenwood outdoor education site until at the latest January 2020 to allow for negotiations and successful transfer arrangements.

iii)  Cabinet delegates to the Director for Children’s Service in consultation with the Cabinet Member for Finance, Procurement, ICT and Operational Assets the completion of contracts to sell and/or transfer the Councils outdoor education businesses on terms to be agreed, including sale of the asset at less than best consideration providing social value benefit can be demonstrated.

Reason for Decision:

i)      Following the Council’s review of the two outdoor education sites, Braeside and Oxenwood, and the Cabinet’s decision to close both sites, interested parties have come forward through a formal process with viable proposals for the continuation of outdoor education in Wiltshire.

ii)    This report considers the formal submissions received and how best to continue the provision of outdoor education in Wiltshire.

   Report by Corporate Director Dr Carlton Brand

This item is exempt due to financial information provided in the

appendix.

Resolved:

i)     Note the scope of this joint procurement of Integrated Community Equipment and Support Services in Wiltshire.

ii)    Authorise the extension of the Section 75 Agreement between Wiltshire Council and NHS Wiltshire CCG in relation to ICESS (as set out in paragraph 29).

iii)  Delegate the authority, in relation to the services being commissioned by Wiltshire Council (as set out in paragraph 2 below):

a.    i. to approve the terms of the contract and all associated documents within the parameters set out in this report; and

b.    to award and enter into the contract and all associated documents, to the Corporate Director for Adult Social Care in consultation with the Cabinet Member for Health (including Public Health) and Adult Social Care.

Reason for decision:

1.    The purpose of this paper is to provide an update to Cabinet on the joint procurement process between Wiltshire Council and NHS Wiltshire CCG for Integrated Community Equipment and Support Services and sets out the approach that is being taken, including an indicative timetable for the procurement and scope of services.

2.    The need to facilitate hospital discharges and to support more people within the community has increased the need for efficient, appropriately resourced equipment services and referrals into the service have subsequently grown. This increase in demand is expected to continue and, where equipment may avoid the need for spend on more costly interventions (such as home care and care home placements), this is encouraged.

3.    This report is seeking approval to delegate authority to award contract, in relation to the services being commissioned by Wiltshire Council (as set out in paragraph 2 below).

4.    Cabinet is asked to authorise the extension of the Section 75 Agreement between Wiltshire Council and NHS Wiltshire CCG in relation to ICESS (as set out in paragraph 29).