Agenda and minutes

Nominations will be sought orally from those present at the meeting. Voting will be by way of a show of hands unless at least 10 Members request the holding of a secret ballot.

The Chairman opened the meeting and called for nominations for the position of Chairman for the ensuing municipal year.

Councillor James Shepherd was proposed by Councillor Alison Bucknell and seconded by Councillor Philip Whitehead.

Councillor Ruth Hopkinson was nominated by Councillor Ian Thorn and seconded by Councillor Christopher Devine.

Resolved:

That Councillor James Shepherd be elected Chairman of Wiltshire Council for the municipal year 2019 - 20.

The Chairman subsequently read out and signed the declaration of acceptance of office of Chairman of the Council witnessed by the Monitoring Officer.

Nominations will be sought orally from those present at the meeting. Voting will be by way of a show of hands unless at least 10 Members request the holding of a secret ballot.

Councillor James Sheppard in the Chair

The Chairman called for nominations for the position of Vice-Chairman of Council for 2019 - 20.

Councillor Richard Gamble was proposed by Councillor Richard Clewer, and seconded by Councillor Christopher Williams.

Councillor Ruth Hopkinson was proposed by Councillor Ian Thorn and was seconded by Councillor Christopher Devine.

Resolved:

That Councillor Richard Gamble be elected Vice Chairman of Wiltshire Council for the municipal year 2019 - 20.

The Vice Chairman subsequently read out and signed the declaration of acceptance of office of Vice Chairman of the Council witnessed by the Monitoring Officer.

Apologies for absence were received from Councillors Trevor Carbin, Stewart Dobson, Nick Fogg, Horace Prickett, David Jenkins, John Walsh, Tom Rounds, Atiqul Hoque and Matthew Dean.

To approve as a correct record and sign the minutes of the meetings of Council held on 26 March and 26 February 2019.

The minutes of the Meeting held on 25 March 2019 and 26 February 2019 were presented.

Resolved:

That the minutes of the last Council meeting held on 25 March 2019 and 26 February 2019be approved as a correct record and signed by the Chairman.

The Chairman made the following announcements.

Council’s attention was drawn to the Chairman’s attendance at the following events

Events Attended by the Chairman from Tuesday, 26^th February to Monday, 20^th May, 2019:

Wednesday, 27 February, 2019         The Showmen’s Guild of Great Britain Western Section Annual Luncheon, The Hilton Hotel, Swindon.

Saturday, 2 March, 2019                    Royal Wootton Bassett Memorial Plaque Unveiling Ceremony to commemorate the life of Mr. Percy Miles, Former Mayor and resident of RWB.

Sunday, 3 March, 2019                      Salisbury City Council Annual Charter Service, St. Thomas and St. Edmund’s Church, Salisbury.

Monday, 4 March, 2019                      BEM Presentation Ceremony, Salisbury Cathedral.

Sunday, 17 March, 2019                    High Sheriff’s Service for the Rule of Law, Malmesbury Abbey.

Thursday, 4 April, 2019                      Proud to Care Awards, Market Lavington Community Hall.

Saturday, 6 April, 2019                       Declaration of new High Sheriff, Mr. David Scott, DL, Devizes Town Hall.

Monday, 8 April, 2019                         Visit to the Great Bustard Group Release Site, Enford, with the High Sheriff of Wiltshire, Mr. David Scott, DL, Vice-Chairman James Sheppard and Cllrs. Oatway, Henning, Clark, Green, Prickett, Thorn, Smale, Mathew, Hocking and Hewitt.

Tuesday, 23 April, 2019                     Funeral of Cllr. Graham Payne, St. James’ Church, Trowbridge.

Thursday, 25 April, 2019                    Official opening of the recently restored WWI Chalk Hill Badge map of Australia, Compton Chamberlayne.

Tuesday, 30 April, 2019                      National Armed Forces Day Event 50 day countdown photocall, County Hall. 

Wednesday, 1 May, 2019                   Funeral of former Chair of Wiltshire County Council, Mrs. Majorie Whitworth, Wilton Parish Church.

Thursday, 2 May, 2019                       Young Voices of Trowbridge Public Speaking Competition, The Clarendon Academy, as a judge.

Thursday, 9 May, 2019                       Royal Wootton Bassett Mayor Making Ceremony, St. Bartholomew & All Saints Church, RWB.

Monday, 13 May, 2019                       Calne Town Council Mayor Making Ceremony, Calne Town Hall.

Thursday, 16 May, 2019                     Devizes Town Council Annual Meeting and Mayoral Reception, Devizes Town Hall.

Events Attended by the Vice-Chairman from Tuesday, 26th February to Monday, 20th May, 2019:

Wednesday, 27 February, 2019         High Sheriff’s Great Bustard Drinks Party, Marlborough Town Hall.

Monday, 11 March, 2019                    Hosted Commonwealth Day Flag Raising Ceremony, County Hall.

Monday, 8 April, 2019                         Visit to the Great Bustard Group Release Site,

Enford, with the Chairman.

The Chairman drew the meeting’s attention to the sad passing of Marjorie Whitworth, who served as member for Wilton on Wiltshire County Council, and was Chairman from 1992-93.

The Chairman drew the meeting’s attention to the communication from the Leader that Councillor Jerry Wickham had resigned from the Cabinet due to ill health.   Council was formally informed that Councillor John Thomson would assume responsibility for Adult Social Care, Public Health and Public Protection.

The Chairman invited the Leader to make a statement

Baroness Scott of Bybrook OBE, Leader of the Council, expressed profound regret that Councillor Jerry Wickham was stepping down from his role due to ill health.   The contribution made by Councillor Jerry Wickham to the transformation of Wiltshire Council was celebrated.   Baroness Scott wished Councillor Jerry Wickham well, expressed her heartfelt admiration for  ...  view the full minutes text for item 30.

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

There were no declarations of interest.

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 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 Executive Director) no later than 5pm on 14 May 2019. 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.

The Chairman outlined the procedure on public participation.

There were no statements or questions from the public.

The Chairman brought Council’s attention to a report by the Head of Democratic Services that gave Council details of the three 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.

To receive a report from the Executive Director.

At the invitation of the Chairman, Cabinet Member for Finance, Procurement, ICT and Operational Assets, Councillor Phillip Whitehead, spoke to a report designed to establish a fund of £11.100mthat would increase annually by 2.53%, to which bids for projects underpinning the ICT and Digital Strategy could be made.   This approach to financing technological innovation was proposed to ensure adequate resourcing, to allow increased control of the integration of technology projects and to enable technology to drive change to service delivery and development.

The motion was seconded by Councillor Ian Blair-Pilling, Portfolio Holder for ICT and Digitalisation.

Councillor Ian Thorn, Leader of the Liberal Democrat Group, welcomed the pooling of finance for ICT and Digital projects.

Councillor Ricky Rogers, Leader of the Labour Group, asked if the identified financial need was not in budget due to it being newly emerging.

Councillor Phillip Whitehead stated that bringing the various ICT and Digital projects together as a transformation project enabled the proposed capitalisation.

The debate that followed addressed two aspects of strategy – one that centred upon statements of intention, and another that emphasised capacity to address emerging needs and options.   The velocity of tech-led change was highlighted, as was the option of using a task group to create an agile approach to linking longer-term planning with the adaptive requirements of continuous change.  

The approach was also described as enabling good governance of a continuously changing environment, rather than being one of prescriptive strategy formulation.  Issues of access to technology and the value of integrating content management across a variety of community-based web services were discussed.   Clarification of the monetary value of the anticipated return on investment was also sought.  

Councillor Phillip Whitehead answered the debate by stating the accrual of savings was a given and that the report put the necessary governance, strategy, adaptability and procurement best practice in place.   This was said to be critical to enabling the authority to use technology more productively and to look ahead to the Internet of Things.

Resolved:

To approve additional capital budget for £11.100m to create a capital

budget for the replacement of line of business applications and various

technological equipment not normally covered by ICT budgets;

To note that the capital financing costs for this budget based on a 5-year

annuity at 2.53% would be £2.391 million per annum. This would need to

be built into 2020/2021 budget setting and corresponding savings

identified.

The Chairman introduced a report on appointments to committees, and updated that, since publication, Swindon Borough Council had advised that Councillor Brian Ford would replace Councillor Tim Swinyard on the Wiltshire Pension Fund Committee and Investment Sub Committee.

The Leader moved her motion, as amended to reflect appointments from Swindon Borough Council.

The motion was seconded by Councillor John Thomson.

Councillor Ian Thorn, asked for a change to be made, that Councillor Brian Mathews be appointed to the  Environment Select Committee instead of Councillor Clare Cape.  

Councillor Ian Thorn also questioned the method for calculating political proportionality since one seat previously held by the Conservatives was now vacant.

The Monitoring Officer advised that proportionality would be reviewed once a Byelection had been held in July and that this was within the requirements of the legislation to ensure proportionality ‘so far as is reasonably practicable’ and had been an approach taken by the Council in the past.

Cllr Jon Hubbard raised objection to this approach.

The Leader advised the proposed approach was a convention however she would be open to a review of this process if considered necessary.

There was no further debate and the Chairman moved the motion go to the vote.

Resolved:

a)    To note the report and the legal requirements.

b)   To re-appoint the following committees in accordance with their Terms of Reference:

Appeals Committee

Area Planning Committees: Eastern, Northern, Southern and Western

Audit Committee

Children’s Select Committee

Electoral Review Committee

Environment Select Committee

Health Select Committee

Health and Wellbeing Board

Investment Sub Committee

Licensing Committee

Officer Appointments Committee

Overview and Scrutiny Management Committee

Pension Fund Committee

Police and Crime Panel

Staffing Policy Committee

Standards Committee

Strategic Planning Committee

c)    To re-appoint those Area Boards, constituted as area committees as set out in paragraphs 13 to 15 and Appendix 1 of the report presented and within the Constitution, to comprise the Unitary Councillors for that area.

d)   To re-appoint the Local Pension Board established under the Public Service Pensions Act 2013 and consequent amendments to the Local Government Pension Scheme Regulations 2013 with the terms of reference as set out in the Constitution.

e)    To approve a scheme of committee places which sets out the number of seats available to members of the Council and to political groups as set out below:

To consider a report from Ian Gibbons, Director of Legal, Electoral and Registration Services and Monitoring Officer on changes to the constitution.

The Cabinet Member for Housing, Corporate Services, Heritage, Arts and Tourism, Councillor Richard Clewer, outlined a report before Council that sought to update the existing Contract and Procurement Regulations.

The motion was seconded by Councillor Paul Oatway.

There were no further comments from Group leaders.

Resolved:

To approve the revised Contract and Procurement Regulations at Part 10 of the Constitution.

Councillor Graham Wright, Chairman of the Overview and Scrutiny Management Committee will present the Annual Report of the Committee for 2018/19 (to follow).

Councillor Graham Wright introduced the Overview and Scrutiny Annual Report and highlighted the high regard in which Wiltshire’s Overview and Scrutiny function was held by other authorities before moving on to address the reports coverage of digital services, financial robustness, military and civilian integration and maximising Scrutiny’s impact.

The motion was seconded by Councillor Alan Hill.

Baroness Scott of Bybrook OBE, Leader of the Council, thanked Councillor Graham Wright and Councillor Alan Hill for their work in ensuring good governance.

Councillor Ian Thorn, Leader of the Liberal Democrat Group, thanked Councillor Graham Wright and Councillor Alan Hill and expressed his hope for further engagement in Overview and Scrutiny from Councillors.

Councillor Ricky Rogers, Leader of the Labour Group thanked Councillor Graham Wright and Councillor Alan Hill for a comprehensive report.

The debate recognised the central role scrutiny played in good governance and endorsed the sense that within Wiltshire Council, this function is very strong.   It highlighted the training and development opportunities that Overview and Scrutiny provides for back-bench councillors and emphasised its value in facilitating an evidence-based consensus.   Hence, strong Overview and Scrutiny made for better decisions and ensured delivery remains fit for purpose.

Resolved:

To note the annual report of Overview and Scrutiny.

Report by Robin Townsend, Director Corporate Function, on an urgent decision taken by Cabinet in the period 1 May 2018 – 14^th May 2019. 

The Chairman moved a report which noted all urgent executive items taken by Cabinet in the last year.   One such item was taken, as previously reported to the July 2018 meeting of Council.

The motion was seconded by Councillor Richard Gamble.

Resolved:

To note the report that one item had been taken under special urgency provisions in the period since the last annual meeting of Council.

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 Minute Book.

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 any questions on the minutes of the Wiltshire and Swindon Fire Authority available here.

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

Resolved:

To note the minutes as listed in the minutes book.

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 Executive Director) not later than 5pm on Tuesday 14 May 2019. 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.

The Chairman reported receipt of two questions for the meeting from Councillors, details of which were circulated in Agenda Supplement Two.

Councillors were then permitted to each ask supplementary

questions as summarised below:

1)    19-31 Councillor Ian Thorn 7/3/19 Written Cost of security for 26 Feb 2019 Council.

Councillor Ian Thorn asked about the source of information that triggered the decision to arrange for additional security to Council of 26 February 2019.

In a reply to the supplementary question, Councillor Philip Whitehead answered by stating the authority’s duty of care to Officers, Councillors and the public, including protesters themselves, was the reason for the security.   The intelligence upon which the decision to employ additional security was the protest group’s own communications on their stated aims and declared methods of protest.

2)    19-32 Councillor Ian Thorn 7/3/19 Written Council press releases

Councillor Ian Thorn asked why, when the media protocol states that the purpose of the authority’s communications are to promote corporate policy and update the public on council meetings, there was no promotion of the decision of 26 February 2019 on responding to environmental issues.

In a reply to the supplementary question, Councillor John Thomson stated that the media protocol had been followed and if it was considered it needed changing, that would be a matter for Scrutiny.