Agenda and minutes

Apologies for absence were received from Councillors:

Alan Macrae, Bill Moss, Carole Soden, Tony Trotman, Laura Mayes, Alan Hill, Rosemary Brown, Liz Bryant, Rod Eaton, Mark Packard, Julie Swabey, Steve Petty and Ernie Clark.

To approve as a correct record and sign the minutes of the last meeting of Council held on 17 May 2011.

The minutes of the annual meeting of Council held on 17 May 2011 were presented.

Resolved:

That the minutes of the annual Council meeting held on 17 May 2011 be approved as a correct record and signed by the Chairman.

There were no declarations of interest.

(a)       Queen’s Birthday Honours

On behalf of Council, the Chairman congratulated those who had received national recognition in the recent Queen’s Birthday Honours List, details of which he read out to the meeting. 

(b)       Flying of Wiltshire Flag

The Wiltshire County Flag, adopted in 2009, was flown for a week from Eland House, the Department of Communities and Local Government Offices in London, from 6-13 June 2011. This was part of an initiative led by the Secretary of State for Communities and Local Government, Mr. Eric Pickles to fly a different county flag at the Department’s offices each week to celebrate the cultural heritage and history of each County in Britain.

The Chairman advised that in future, the Wiltshire County Flag would be flown from the hub buildings in Devizes, Chippenham and Trowbridge, to promote Wiltshire and its identity. 

(c)       Municipal Journal Awards 2011

The Chairman was proud to report that on 23 June, Wiltshire Council received  the Municipal Journal’s 2011 award in London for the ‘most effective political team of the year.’

He explained that the award gave the Council a national profile and reflected the commitment and dedication of its members and staff to help provide improved services to the people of Wiltshire.  This was seen as a huge accolade for the Cabinet which recognised their strong leadership in establishing the direction for Wiltshire Council as a unitary authority.

(d)       Hercules’ Farewell to RAF Lyneham

The Chairman reported that on Friday, 1 July 2011, the last of RAF Lyneham’s Hercules’ fleet of aircraft transferring to RAF Brize Norton flew at low level, in stream formation to say a final goodbye to the people of Wiltshire. The aircrafts left RAF Lyneham and flew over Avebury, Calne, Devizes, Warminster, Melksham, Trowbridge, Colerne, Lyneham, Wootton Bassett, Malmesbury, Tetbury and the Blunsdon area of Swindon, before the final leg of their journey to RAF Brize Norton. This event marked the end of a remarkable era not only for the RAF but for the people of the county of Wiltshire that had supported RAF Lyneham so well over the years.

(e)       Award in Leadership Management

The Chairman reminded Council that at its last meeting, certificates were presented to the Councillors who successfully completed the Award in Leadership and Management. Councillors were advised that a further course would be run in the Autumn.  Councillors interested in enrolling on this course were asked to contact officers Lynda Williams and Marie Todd for further information.

(f)      The late Brian Atfield

The Chairman noted with much regret the sad death of Brian Atfield, who served local government and the community of Cricklade with distinction and dedication for many years. His funeral was attended by several Councillors.

The Chairman considered that his death was a great loss not only to the town of Cricklade but also to the County. Tributes were made by a number of Councillors including the Leader, Cllrs Hubbard, Newbury, Jeff Osborn and Colmer.

There followed a minute’s silence, as a  ...  view the full minutes text for item 122.

The Chairman reported receipt of five petitions since the last meeting of the Council in May 2011, details of which were presented.

The Chairman also reported on petitions which had been received since publication of the agenda as follows:

Petition – Car Parking Charges, Chippenham

With the Chairman’s permission, Cllr Desna Allen presented a petition of 3,007 signatories originally raised at Chippenham Area Board on 4 July which urged the Council to reduce car parking charges in the Borough Parade and Emery Gate Car Parks, Chippenham. Cllr Allen conveyed the petition organiser’s concern over the impact of car parking charges on the retail trade which she considered to have a bearing on job losses in the Town.

Cllr Dick Tonge, Cabinet member for Highways and Transport responded to the points raised.

Following debate, it was proposed that a report on a Countywide review of car parking charges would be presented to the next meeting of Council on 8 November 2011.

Petition – Denominational Home to School Transport

With the Chairman’s permission, Mr Michael Stevenson MBE, Chair of Governors, St Augustine’s Catholic College, Trowbridge presented a petition with approximately 450 signatories and statement regarding Denominational Home to School Transport. The petition urged this Council to carry out thorough consultation before Cabinet determined the matter at its meeting on 26 July 2011.

Cllr Tonge explained that he considered that adequate opportunities for consultation had already been given and that there would be further opportunity for public participation at the Cabinet meeting.

A debate ensued during which Cllr Hubbard proposed the following amendment which was seconded by Cllr Trevor Carbin:

“That the Cabinet meeting to discuss denominational home to school transport be held at a time and place which is more accessible to those people affected by the decision, and that an evening meeting be considered.”

Cllr Tonge explained that the aim was to give a full 12 months notice of any change to the denominational home to school transport scheme and that any delay could jeopardise this.

On being put to the vote, the amendment was LOST.

Petition – Car Parking Charges, Salisbury

Cllr Tonge reported on a petition organised by the Salisbury Journal requesting the Council to reconsider the charges for one and two hour car parking in Salisbury.

Resolved:

(a) That Council notes the petitions received and the actions taken as set out in the report presented.

(b) That Council receives and notes the petitions presented at this meeting and requests that Cllr Dick Tonge, Cabinet member for Highways and Transport respond to the lead petitioners in writing.

(c)   That a full report on the car parking charges on a county-wide basis be presented to the next meeting of Council on 8 November 2011.

No requests for public participation were received for this meeting.

The Chairman reported receipt of the following notice of motion from Cllrs Jon Hubbard and Mark Packard:

“This Council notes and welcomes the UK-wide campaign to end ‘legal loan sharking’.

This Council believes that the lack of access to affordable credit is socially and economically damaging with unaffordable credit causing a myriad of unwanted effects such as poorer diets, colder homes, rent, council tax and utility arrears, depression and poor health.

This Council further believes that unaffordable credit is extracting wealth from the most deprived communities.

This Council supports the principle that it is the responsibility of all levels of government to try to ensure affordable credit.

This Council therefore welcomes the various Credit Unions in Wiltshire and ask council to assist all it can in promoting them through council publications and website.

This Council urges residents who may have experienced difficulties in obtaining credit at reasonable rates to contact their local credit union and also encourages other residents to consider supporting the credit union by opening a savings account.

This Council calls on the Government to introduce a cap on the total lending rate that can be charged for providing credit.

This Council calls on the Government to give local authorities the power to veto licences for high street credit agencies where they could have negative economic or social impacts on communities.”

To assist Council in its consideration of this motion, a report by the Service Director, Communities, Libraries, Heritage and Arts was presented.

Once moved and seconded, Cllr Jon Hubbard was invited to speak to the motion. He thanked officers for the useful report. He explained the purpose of his motion was to try and protect the most vulnerable members of society and gave examples of substantial interest rates charged by a number of companies. He also added that the motion if adopted, would also seek to publicise the good work of credit unions.

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 notice of motion no.19 be debated

The Chairman called on Cllr John Thomson, Cabinet member for Adult Care, Communities and Housing to open the debate before inviting Group Leaders and then opening the debate to other Councillors. Cllr Thomson responded to the motion and points made. Cllr Thomson whilst supportive of the general principle of the motion, proposed amendments to the wording which was duly seconded. Cllr Hubbard as mover of the original motion confirmed he was happy to incorporate the amendments to his motion subject to one minor change.

Resolved:

That motion no. 19 be adopted as amended, as follows:

“This Council notes and welcomes the UK-wide campaign to end ‘ door step money-lenders.

This Council believes that the lack of access to affordable credit is socially and economically damaging with unaffordable credit causing a myriad of unwanted effects such as poorer diets, colder homes, rent, council tax and utility arrears, depression and poor health.

This  ...  view the full minutes text for item 125a)

The following motion was withdrawn:

‘That WC, specifically the Licensing Department when in future writing to or having contact with Licensed establishments use the term "preferred" when referring to Touch 2 ID as a form of age identification’.

It was noted that a report regarding the Touch 2 ID scheme was due to be considered by the Licensing committee at its meeting on 7 September 2011.

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 Director of Resources) not later than 5pm Tuesday 5 July 2011. 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 questions from Councillors Jeff Osborn, John Knight, Helen Osborn, Ricky Rogers, Jon Hubbard, Chris Caswill, and Brian Dalton, details of which were circulated and attached as an appendix to these minutes together with the responses given.

Questioners agreed to take their questions as read and were given an opportunity to ask a relevant supplementary question to which the relevant Cabinet member responded. Supplementary questions are summarised as follows and should be read in conjunction with the questions and responses:

Cllr Jeff Osborn - Revenue received from Trowbridge car parking charges – Cllr Tonge explained that a report would be prepared for the next Council meeting which would illustrate any impact on the retail trade. He gave examples of various contributory factors to any reduction in usage of car parks as a result of people having less disposable income due to the current economic climate.

Cllr Jeff Osborn -  New procedure for disposal of medical ‘sharps’ – suggested that greater thought be given to publicity to raise awareness of the change to procedure. It was agreed to canvass GP’s for information on their arrangements to try and achieve consistency across the County and publicise arrangements using the Wiltshire Magazine to ensure those affected know how they should be disposing of their sharps.

Cllr John Knight – figures in respect of Church Street Car Park, Trowbridge – Written response be provided.

Cllr Helen Osborn - Council responsibilities to schools becoming academies – Asked whether or not academies would be responsible for their own insurance scheme and whether or not it would be to the Council’s advantage to run the insurance scheme. It was agreed to provide a written response.

Cllr Ricky Rogers - Cost and rationale for re-design works adjacent to A36 Salisbury – considered that the costs were unacceptable.

Cllr Jon Hubbard – reiterated his questions over the three core concerns raised in the NHS motion ‘fragmentation of service, priority for private sector bidders and local governance’. Suggested that the Council in its role of representing residents of the County, should have responded to the three core concerns.

Cllr Jon Hubbard – cost of additional work undertaken by KPMG – asked whether the costs quoted was the total amount for 2010/11 or would there be any additional costs for this period. The Leader explained that she would be able to confirm details at year end upon the closure of accounts.

Cllr Jon Hubbard – sought information on reasons for additional work undertaken by KPMG. The Leader explained that this was mainly due to the consolidation of accounts from the former district councils into one account for the unitary authority and all the complex work which arose from this.

Cllr Jon Hubbard – sought an assurance that the Council would not be incurring any further costs for additional work undertaken by KPMG.  The Leader explained that she could not provide such an assurance at this stage until such time as the accounts were closed at year  ...  view the full minutes text for item 126.

(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 Leader, Cabinet members and Chairmen of Committees will be given a brief opportunity to make any important announcements and updates.

(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 the opportunity to raise questions on points of information or clarification on the minutes presented.

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

Meeting                                                                      Date

Cabinet                                                                      24 May 2011

24 May 2011

14 June 2011

Cabinet Capital Asset Committee                         14 June 2011

Organisation & Resources Select Committee    26 May 2011

Children’s Services Select Committee                4 June 2011

Health and Adult Social

Care Select Committee                                           19 May 2011

Environmental Services                                         10 May 2011

Northern Area Planning Committee                     11 May 2011

 1 June 2011

22 June 2011

Eastern Area Planning Committee                       23 June 2011

Southern Area Planning Committee                    26 May 2011

16 June 2011

Western Area Planning Committee                      25 May 2011

 6 June 2011

15 June 2011

6 July 2011

Standards Committee                                             18 May 2011

Staffing Policy Committee                                      18 May 2011

Audit Committee                                                      13 May 2011

29 June 2011

Wiltshire Pension Fund Committee                     12 May 2011

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

Cabinet

Polling Station and Parliamentary Boundary Reviews

Cllr John Noeken, Cabinet member for Resources updated Council on these reviews and undertook to circulate details in ‘Elected Wire’.

Car Parking Redemption Scheme

The Leader announced that in recognition of the current economic climate and the negative impact this was having on our high streets and retailers, Cabinet was looking at a proposal to introduce a County-wide cash back redemption scheme. Working with local independent businesses and retailers, Cabinet would look at modifying the Council’s car parking ticket machines to enable this scheme to be implemented across Wiltshire. Full details would be considered by Cabinet at its meeting on 26 July 2011.

Online Access to the Wiltshire Core Strategy consultation

Officers were requested to look into apparent difficulties navigating the Wiltshire Council website to access consultation on the Wiltshire Core Strategy.

Health & Adult Social Care Select Committee – 19 May

(minute no. 199 refers)

Performance of Avon & Wiltshire Mental Health Partnership NHS Trust – Following concerns raised by Cllr Caswill, Cllr Hewitt agreed to look at this again at the committee’s next meeting.

Organisation and Resources Select Committee

Cllr Keith Humphries undertook to keep Cllr Jeff Osborn informed on how continued work on community safety would be funded once the current agreement came to an end.

Audit Committee – 29 June

(minute no. 35 refers)

Cllr While to respond to a question from Cllr Caswill on whether there had been any satisfactory action on letter to managers on responding to audit actions.

Resolved:

That the above mentioned minutes be received and noted.

To consider the attached report of the Monitoring Officer.

To seek Council approval of changes recommended by Cabinet following the review of the Development Control service, delegation of TUPE matters and to update Council on the Media Relations Protocol and Guidance on Amendments to Motions.

The Chairman presented a report which sought approval of the following areas of the constitution:

·         A revised Scheme of Delegation for Development Control (Part 3C)

·         A revised Planning Code of Good Practice for Members of Wiltshire Council (Protocol 4)

·         Minor extension to the Terms of Reference of the Strategic Planning Committee (Part 3 – paragraph 2.1)  

The above matters stemmed from the outcome of a review of the development control service which had been the subject of consultation and consideration by Cabinet. Council’s attention was drawn to comments made by members of the Standards Committee.

·         Amending the Financial Regulations (Part 9) and Contract Regulations (Part 11) to allow for the delegation of decisions to a particular threshold involving the transfer of staff in or out of the Council.

The above stemmed from a Cabinet request to avoid delays in the decision making process and make better use of Cabinet time.

The report also updated Council on matters which were left outstanding following the last review of the Constitution, namely the Media Relations Protocol and the Guidance on Amendments to Motions. It was noted that the Focus Group on the Review of the Constitution had been involved in the process to review the above mentioned documents, details of which were presented.

A lengthy discussion ensued on the proposed revised Scheme of Delegation for Development Control. During this discussion, an amendment was proposed to delete the following bullet point of the Scheme:

·         ‘make changes to conditions approved at committee (in the light of changing circumstances between the meeting and the issue of the decision) provided this is in line with the principles of the committee’s decision. Any such changes will be reported back to a subsequent committee for members’ information’

Concern was expressed that such a facility could potentially undermine decisions made by Councillors through the democratic decision making process at planning committees.

Cllr Sturgis, Cabinet member for Waste, Property and Development Control Services who presented and moved the proposals relating to planning, gave examples of situations when the facility described in the above bullet point would be used. He emphasised that this would be used to enable minor issues to be resolved in line with the principles of what a planning committee had agreed. This would prevent delays in issuing decisions and make better use of committee time.

On being put to the vote, the amendment was LOST and a recorded vote having been requested, the voting was recorded as follows:

For the amendment (19):

Cllrs Desna Allen, Trevor Carbin, Chris Caswill, Peter Colmer, Brian Dalton, Bill Douglas, Peggy Dow, Jon Hubbard, George Jeans, David Jenkins, Simon Killane, John Knight, Howard Marshall, Francis Morland, Christopher Newbury, Helen Osborn, Jeff Osborn, Judy Rooke, Ian West

Against the amendment (44):

Cllrs Richard Beattie, Chuck Berry, John Brady, Richard Britton, Alison Bucknell, Jane Burton, Nigel Carter, Richard Clewer, Christopher Cochrane, Linda Conley, Christine Crisp, Andrew Davis, Peter Davis, Fleur De Rhe Phillipe, Tony Deane, Mary Douglas, Peter Doyle, Peter Fuller, Richard  ...  view the full minutes text for item 128.

To receive and note the attached report of the Deputy Leader of Council which explains the circumstances of using the special urgency provision as defined in Part 5 of the Constitution.

The Leader presented a report which advised Council of a decision taken by Cabinet under the ‘Special Urgency’ provision as set out at paragraph 24 of Part 5 of the Constitution.  The decision was made by Cabinet at its meeting on 14 June 2011 and concerned the closure of Grafton Primary School, Marlborough.

The report stated that although it had not been possible to include the item in the Cabinet Forward Work Plan or on the agenda for Cabinet on 14 June, the report was made available as soon as it was finalised and was published to the Council’s website, and a link sent to all Councillors, on 8 June. The terms of the Special Urgency provision had been complied with. Furthermore, all those affected by the decision had been adequately consulted.

Resolved:

That the report be noted.

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.

The Chairman gave Group Leaders an opportunity to make any necessary changes to committee membership in accordance with the allocation of seats to political groups previously approved by the Council.

The Leader of the Council in her capacity as leader of the Conservative group requested approval of the following changes:

Environment Select Committee

Cllr Mollie Groom - removed as a full member

Cllr Chris Cochrane - appointed as a full member

The Leader also advised that Cllr Keith Humphries, Cabinet member for Public Health and Protection Services’ area of responsibility had been extended to include ‘Knowledge Management’ which was the corporate research part of the Council. The Leader also presented details of changes to Portfolio Holders.

Councillor Jon Hubbard as leader of the Liberal Democrat group requested approval of the following changes:

Southern Area Planning Committee

Cllr Peter Colmer - removed as a substitute member

Cllr Steve Petty - appointed as a substitute member

Resolved:

(a)  That the above membership changes in respect of the Environment Select Committee and Southern Area Planning Committee be approved.

(b)  That Council notes the change to Cllr Keith Humphries’ areas of responsibility to include ‘Knowledge Management’.

(c)  That Council notes the revised list of Portfolio Holders.

Council was asked to approve a change to the date of Council in February 2012 from 21 February to 28 February. This was to allow more time to obtain details from precepting authorities.

Councillors were asked to keep 21 February 2012 in their diaries in case it was required for an additional meeting of Council.

Resolved:

That the budget setting meeting be held on 28 February 2012 and that an additional meeting be scheduled for 21 February 2012 should it be required.

To receive and note the report of the Wiltshire Police Authority.

The report of the Police Authority was received and noted. No questions on this document had been received from Councillors.

To receive and note the minutes of the Wiltshire and Swindon Fire Authority meeting held on 25 May 2011.

The minutes of the Wiltshire and Swindon Fire Authority meeting held on 25 May 2011 were received and noted. No questions had been raised by

Councillors.

Appendices

Appendix 1     Councillors' Questions and Responses

Appendix 1a   Parking Occupancy Report

Appendix 1b   Parking Income Report

Appendix 2  Part 3C - Scheme of Delegation (Development Control), as revised, (including further revisions made at Council).

Meeting duration 10.30 am – 4.35pm

(which included an adjournment for lunch between 1.05pm – 1.50pm)