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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

45.

Apologies

To receive any apologies for the meeting.

Minutes:

Apologies for absence were received from Councillors Helen Osborn, Linda Packard, Mark Packard, Glenis Ansell, Ian West, Paul Oatway QPM, James Sheppard, Jacqui Lay, Bob Jones MBE, Stewart Dobson and Brian Dalton.

46.

Minutes of Previous Meeting

To approve as a correct record and sign the minutes of the Annual Council  meeting held on 10 May 2016.

Supporting documents:

Minutes:

The minutes of the Meeting held on 10 May 2016 were presented.

 

Resolved:

 

That the minutes of the last Council meeting held on 10 May 2016be approved as a correct record and signed by the Chairman.

47.

Declarations of Interest

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

 

Minutes:

In relation to the item on Community Governance Reviews (minute no;s 53 & 54), the Chairman noted the advice given that membership of a parish, town or city council was not regarded as a pecuniary interest., but went on to advise that in the interest of transparency, it would be prudent for members to declare such membership at the start of a scheme if Councillors intend to speak on it.

 

There were no declarations of interest made at this stage.

48.

Announcements by the Chairman

To receive any announcements through the Chair.

Minutes:

The Chairman drew the meeting’s attention to the arrangements for the day’s meeting, specifically referencing fire safety and that the meeting was being recorded for live webcast.

 

The Chairman stated that details of his, and the Vice-Chairman’s activities since the last meeting would be available via his blog:

http://wiltshirecouncilchair.blogspot.co.uk/

 

These, in summary, included:

 

·         Royal Visits

·         Armed Forces Day Celebrations

·         Mayor Making And Civic Services

·         Wiltshire Scout AGM

·         Royal International Air Tattoo

·         Royal British Legion County Parade

·         Wiltshire Public Health Awards

·         Wearable Fashion Show

 

The Chairman led the Council in paying tribute to the services and characters of ex Wiltshire Councillors Brigadier Robert Hall, Mrs Doreen Darby and Mrs Joan Savage. Members paid particular tribute to Brigadier Robert Hall who had served as Chairman of this Council. As a mark of respect, the meeting stood for a minute silence.

 

The Chairman then led the Council in congratulating the following Wiltshire residents for their recent awards announced in HM Queen’s Birthday Honours list.

 

A Knighthood awarded to:

Professor Roger Scruton from Brinkworth, for services to philosophy, teaching and public education. 

 

CBES  Awarded To:

Professor Derek Calam from Pewsey, for services to public health and the regulation of medicine; and

Mr. Adrian Leppard from Wedhampton, for services to policing and the prevention of economic crime

 

OBEs Awarded To:

Mr. Richard Arden from Salisbury, for services to education and international development, particularly in South Sudan

Mr. Desmond Evans from Manton, for services to the motor industry

Mr. Justin Fellows from Bishopdown, for services to defence

The Reverend John Proctor from Salisbury, for services to homeless and vulnerable people.

Mr. Stephen Segar from Ashton Keynes, for services to natural heritage and the community

 

MBEs Awarded To:

Mr. Mark Evans from Swindon, for services to disadvantaged young people and community relations in Wiltshire

Mr. John Rodell from Durrington, for services in support of army heavy equipment transportation

Ms Jacqueline Smith from Swindon, for services to education

Mr. Richard Warren from Hullavington, for voluntary service to the police

Dr. Rowan Whimster from Ramsbury, for services to heritage and conservation

 

A BEM Was Awarded To:

Mr. Christopher Pope from Swindon, for services to the scout movement and the community in Swindon

49.

Petitions

50.

Petitions Received

No petitions have been received for presentation to this meeting.

Minutes:

There had been no petitions received for this meeting.

51.

Petitions Update

As at 30 June 2016, no petitions had been received by Wiltshire Council since the last report to Council on 10 May 2016 excluding those relating to regulatory services which are dealt with under separate arrangements..  

 

Minutes:

The Chairman noted that, excluding petitions received on regulatory matters ie planning and licensing, the council had not received any other petitions which met the threshold for reporting to Council since the last meeting.

52.

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 half an hour before the meeting. Up to 3 speakers are permitted to speak for up to 3 minutes each on any agenda item. Up to 3 speakers per each group of schemes will be permitted to speak in respect of the Community Governance Review.

 

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 no later than 5pm on Tuesday 5 July in order to be guaranteed of a written response. The final deadline is 5pm on Thursday 7 July 2016. 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 noted that, other than for the community governance review item, there were no statements or other formal questions from members of the public.

Community Governance Reviews

53.

Report on Pending Schemes

Please note:  The Salisbury and Laverstock and Ford schemes will not be considered before 2pm.

Supporting documents:

Minutes:

The Chairman outlined how he intended to deal with the various Community Governance Review schemes under consideration. Members of the public with general comments not specific to individual schemes would be invited to make statements and receive answers to questions which had been submitted.

Councillor Stuart Wheeler, Chairman of the Working Group on the Community Governance Reviews, would then introduce the work of the working group. Each scheme would then be considered in turn, with introduction of the scheme and working group recommendation from Councillor Wheeler, public statements and questions which had been submitted would then be received for each related set of schemes as detailed in Agenda Supplement 1. Members of the working group would have the opportunity to comment upon the recommendation prior to the item being open to debate.

Mr Lance Allan, Clerk to Trowbridge Town Council asked a series of questions as detailed in Agenda Supplement 1 regarding the conclusions of the working group and the considering and presentation of evidence which supported those conclusions.

Councillor Wheeler provided a verbal response on behalf of the working group, stating that the working group had spent considerable time considering each proposal that was put forward by town and parish councils and had taken into account the representations and comments that were presented to it. Each proposal was properly considered on its own merits in light of the relevant criteria and guidance. The council report summarised the conclusions of the working group upon those proposals and the reasons for its various recommendations. Contrary to what was stated in the questions, the working group did not ignore any evidence which had been presented to it. In reaching its conclusions the working group had to weigh up all relevant factors and it was inevitable that the weight given to those factors would vary between different proposals as each one had its own individual circumstances. It was for full council to make the final decision on the proposals and to consider all the relevant issues, including those raised in the questions regarding consistency. The full background detail for each scheme was included with the council agenda papers.

Mr Allan asked a supplementary question on the evidence available to full council. Councillor Wheeler replied that the evidence was clearly available and sufficient to allow full council to evaluate the recommendations and determine the schemes.

Mr Sharl Adabashi, a resident of Trowbridge, presented a statement in support of the proposals submitted by Trowbridge Town Council, as also detailed in Agenda Supplement 1.

Mrs Tracy Sullivan, Director of Trowbridge Arts, presented a statement in support of the proposals submitted by Trowbridge Town Council.

Councillor Wheeler then introduced the report of the Working Group on Community Governance Reviews.

Councillor Wheeler extended his thanks to the members of the working group who had attended a great many meetings over a considerable period to consider evidence and formulate their recommendations. He also thanked the officers supporting the working group, in particular John Watling, John Quinton, Ian Gibbons, Paul  ...  view the full minutes text for item 53.

54.

Update on Approved Schemes

Report by Ian Gibbons, Associate Director Legal and Governance and Monitoring Officer.

Supporting documents:

Minutes:

The Chairman invited Councillor Stuart Wheeler to present the report which provided an update to Council on schemes previously approved.

 

In response to a question from Councillor Jon Hubbard, Councillor Wheeler stated that if a new recommendation, with regard to new housing development in Melksham, was jointly put forward by both Parish Councils affected, then it could be considered by the Working Group.

 

Having being proposed by Councillor Wheeler, and duly seconded by Councillor Ricky Rogers, the meeting;

 

Resolved

 

1.         To note the position on the previously-approved changes to Community Governance Arrangements;

 

2.         To take no further action in respect of further proposals in the Devizes/Bishops Cannings, Melksham and Tidworth Areas; and

 

3.         To approve the making of Community Governance Orders effecting the changes to the parishes of Calne & Calne Without and the Parishes of Bishopstrow, Warminster and Sutton Veny.

55.

Notices of Motion

No notices of motion have been received for this meeting

Minutes:

There were no notices of motion.

56.

Recommendations of the Standards Committee on Changes to the Constitution

To consider proposed changes to the constitution as recommended by the Standards Committee in relation to the Council’s Code of Conduct, Financial Regulations and Procurement Regulations.

 

Report by Ian Gibbons, Associate Director Legal and Governance and Monitoring Officer.

Supporting documents:

Minutes:

The Chairman invited Councillor Stuart Wheeler, Cabinet Member, to present the report which requested Council to consider proposed changes to the constitution as recommended by the Standards Committee in relation to the Council’s Code of Conduct, Financial Regulations and Procurement Regulations.

 

The Chairman stated that he would allow each recommendation to be considered and voted upon separately.

 

Councillor Stuart Wheeler stated, in response to a question submitted by Councillor Christopher Newbury, that: each complaint into alleged breaches of the Code of Conduct would be dealt with on its own facts; that Councillors would be given an opportunity to give an initial response to complaints; and that the change in the guidance should result in fewer complaints being referred for investigation.

 

Having been put to the vote, it was;

 

Resolved

 

That Council makes no changes to the Code of Conduct but adopts the proposed guidance as shown at Appendix 2c of the report presented to assist Members in meeting their obligations under the Code and agrees that any review of the guidance is overseen by the Standards Committee.

 

Recorded Vote:

 

Councillor Russell Hawker requested that his vote against the above decision be recorded.

 

Councillor Wheeler then presented the recommendations regarding the Financial Regulations.

 

There being no questions, the meeting;

 

Resolved

 

That Council approve adoption of a revised Part 9 of the Constitution, as shown at Appendix 3a of the report of the report presented.

 

Councillor Wheeler then presented the recommendations regarding the Procurement Regulations.

 

There being no questions, the meeting;

 

 

 

 

 

Resolved

 

That Council approve adoption of a revised Part 10 of the Constitution (with subsequent parts renumbered), as shown at Appendix 4 of the report presented.

57.

Annual Treasury Management report 2015-16

Report by Carolyn Godfrey, Corporate Director

Supporting documents:

Minutes:

The Chairman invited Councillor Dick Tonge, Cabinet member for Finance, to present a report which would enable Council to consider the performance against the parameters set out in the approved Treasury Management Strategy for 2015-16; noting that the report was required by the Prudential Code for Capital Finance in Local Authorities and the CIPFA Code of Practice for Treasury Management in the Public Services. It was also noted that the report had been considered by Cabinet at its meeting on 14 June 2016

 

There being no further debate, the meeting;

 

Resolved

 

To note

 

a)    The Prudential Indicators, Treasury Indicators and other treasury management strategies set for 2015-16 against actual positions resulting from actions within the year as detailed in Appendix A of the report presented;

 

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

58.

Urgent Executive Decisions taken by Cabinet - Exemption from Call-in

Report by Robin Townsend, Associate Director, Corporate Function, Procurement and Programme Office

 

 

Supporting documents:

Minutes:

In accordance with paragraph 41 of Part 8 of the Constitution (Overview and Scrutiny Procedure Rules), Council received a report which detailed the decision to exempt decisions by Cabinet at its meeting on 14 June 2016 regarding the ‘Help to Live at Home Service Commissioning’ from the Scrutiny call-in process due to the need to complete the decision making process urgently, with the full reasons for urgency being detailed in the report presented..

 

It was noted that such an exemption from the call-in process was exercised only in very exceptional circumstances and this was in fact the first time it had been used since at least the Council became a unitary authority in 2009.

 

In response to an issue raised by Councillor Chris Caswill, Councillor Jerry Wickham stated that he would give a response under the Councillor Questions item later on the agenda.

 

Resolved:

 

That Council notes that the Cabinet decisions, namely in relation to  ‘Help to Live at Home Service Commissioning’ dated 14 June 2016, were determined as matters of urgency thereby exempting them from the Scrutiny call-in process, in the interests of the Council and the public and for the reasons outlined in the report presented.

59.

Cabinet Scheme of Delegation

Report by Dr Carlton Brand, Corporate Director

Supporting documents:

Minutes:

At the Chairman’s invitation, the Leader, Baroness Scott of Bybrook, OBE, presented a report which informed Council of a change to her Cabinet namely that following the resignation of Councillor Keith Humphries from the Cabinet, his responsibilities for Health (including Public Health) and Adult Social Care had been transferred to the new Cabinet Member, Councillor Jerry Wickham. The report noted that the change had taken affect from the 27 June 2016.

 

There being no further debate, the meeting;

 

Resolved

 

To note the change to the Cabinet Scheme of Delegation for

Individual members of the Cabinet as detailed in the report and Appendix presented.

60.

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 previously approved by Council.


Following requests made by Councillor Glenis Ansell, Leader of the Liberal Democrat Group, and The Baroness Scott of Bybrook, OBE, Leader of the Conservative Group, it was,

 

Resolved

 

1)    Environment Select Committee

·         Remove Councillor Alan Macrae as a Full Member.

·         Add Councillor Mike Hewitt as a Full Member.

 

2)    Standards Committee

·         Remove Councillor Jerry Wickham as a Full Member.

·         Add Councillor John Smale as a Full Member.

 

3)    Pensions Committee

·         Remove Councillor Mark Packard as a Full Member.

·         Add Councillor Gordon King a Full Member.

 

4)    Northern Area Planning Committee

·         Remove Councillor Mark Packard as a Full Member.

·         Add Councillor Glenis Ansell as a Full Member.

·         Add Councillor Bill Douglas as a Substitute Member.

61.

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 in the Minutes Book which can be accessed at this link.

 

b.    The Chairman will invite the Leader, Cabinet members and Chairmen of Committees to make any important announcements.

 

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

 

d.    Councillors will be given an opportunity to raise any questions on the minutes of the Dorset and Wiltshire Fire Authority – please submit any questions to Yamina Rhouati by 4 July 2016.

 

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

  

 

Minutes:

The Chairman moved that Council receive and note the following minutes as listed in the separate Minutes Book.

 

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.

 

There being no further questions, the meeting;

 

Resolved:

 

That the minutes of the circulated Minutes Book be received and noted.

 

Cabinet – 19 April, 17 May, 14 June

Cabinet Capital Assets – 17 May

ONS Management – 24 May, 21 June

Health Select – 19 April

Strategic Planning – 13 April, 11 May, 2 June, 15 June

Northern Area Planning  - 4 May, 1 June, 22 June

Eastern Area Planning – 12 May

Southern Area Planning – 28 April

Western Area Planning – 27 April, 18 May

Standards Committee – 29 June

Joint Strategic Economic Committee – 11 Feb, 28 April

Health and Wellbeing Board – 14 April

Dorset and Wiltshire Fire Authority – 1 April

62.

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 5 July 2016.  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 Councillors Ernie Clark, Bill Douglas, Chris Caswill, Christopher Newbury and Chris Hurst details of which were circulated in Agenda Supplement No. 1 together with responses from the relevant Cabinet member or Committee Chairman, details of which are attached as Appendix C. Where questions had related to a specific item on the agenda, they had been dealt with under that item.

 

Questioners were permitted to each ask one relevant supplementary question per question submitted and where they did so, the relevant Cabinet member responded as summarised below:

 

1.            Councillor Chris Caswill to Councillor Stuart Wheeler (16/23)

 

Councillor Caswill thanked Councillor Wheeler for the detailed response given.

 

2.            Councillor Chris Hurst to Councillor Jerry Wickham (16/32)

 

Councillor Jerry Wickham, in a verbal response to the question, provided a definition of what constituted a hate crime; what action the Council would be taking to increase the public’s awareness of the issues, and how they could report incidents. In taking action, the Council aimed to reduce harm, support victims and prosecute where necessary.

 

Councillor Hurst thanked Councillor Wickham for the response and asked that when the communication material was released, it could be prominently displayed on the Council’s website so that Councillors could easily refer people to it.

 

3.            Councillor Chris Caswill to Councillor Baroness Scott (16/24)

 

In response to a supplementary question, Councillor Baroness Scott stated that the Sustainable Transport Plan was not led by Wiltshire Council nor by the Health & Wellbeing Board, so she was not able to state when the plans would be made public. The Health & Wellbeing Board would receive an update in due course.

 

4.            Councillor Chris Caswill to Councillor Jerry Wickham (16/29)

 

In response to a supplementary question, Councillor Wickham stated that Mears had improved the service they delivered, and that Wiltshire Council would be working closely with Mears and monitoring their performance as appropriate.