Agenda and minutes

To elect a Chairman for 2013/14

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 outgoing Chairman, Cllr Christine Crisp sought nominations for the position of Chairman of Wiltshire Council for 2013/14.

Cllr Christine Crisp was nominated by Cllr Bill Moss and seconded by Cllr Allison Bucknell.

Cllr Desna Allen was nominated by Cllr Jon Hubbard and seconded by Cllr McKeown.

In the circumstances as a member can not preside over their own election and if present must preside, Cllr Christine Crisp vacated the chair for the duration of this item. The outgoing Vice-Chairman therefore took the chair.

Cllr Roy While, Vice-Chairman in the Chair

The Vice-Chairman on asking if there were any further nominations and there being none, put the nominations to the vote and it was

Resolved:

That Cllr Christine Crisp be elected Chairman of Wiltshire Council for  2013/14.

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

Cllr Christine Crisp in the Chair

The Chairman looked back on her past year as Chairman of Council which had included the Jubilee and Olympic celebrations. She said that it had been a tremendous year and an honour to be part of it and in so doing represent the Council. She thanked the Council for returning her as Chairman of the Council which she considered a great privilege. She said that she would do her best to justify the confidence placed in her by Councillors.

To elect a Vice-Chairman for 20013/14

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

The Chairman sought nominations for the position of Vice-Chairman of Wiltshire Council for 2013/14.

Cllr Roy While was nominated by Cllr Sheila Parker and seconded by Cllr Johnson. There being no further nominations, it was

Resolved:

That Cllr Roy While be elected Vice-Chairman of Wiltshire Council for 2013/14.

Cllr Roy While then read out and signed the declaration of acceptance of office of Vice-Chairman of Council witnessed by the Monitoring Officer.

Cllr While explained that he was looking forward to serving the Council as its Vice-Chairman.

Apologies for absence were received from Cllrs Tony Trotman and Richard Clewer.

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

The Chairman referred to the letter of advice on interests in relation to the item on Adoption of the Wiltshire and Swindon Aggregate Minerals Site Allocations Local Plan (minute no. 35 refers).

Cllr Helena McKeown declared an interest in the membership of the Health and Wellbeing Board by virtue of her membership of a medical committee as referred to in minute no. 34.

To approve as correct records and sign the minutes of the Budget meeting of Council and Extraordinary meeting of Council both held on 26 February 2013.

The minutes of the Budget Meeting of Council and the Extraordinary Meeting of Council both held on 26 February 2013 were presented.

Resolved:

That the minutes of the Budget Meeting of Council and the Extraordinary Meeting of Council both held on 26 February 2013 be approved as  correct records and signed by the Chairman.

To receive and note the Returning Officer’s return in respect of this Council’s elections held on 2 May 2013 (to follow).

The Chairman referred Council to the election results following the Unitary (and town, parish and city) Council elections held on 2 May 2013 available on the Council’s website which would be circulated to Councillors via Elected Wire. Councillors were advised that if they had any comments or observations on the elections process to send them to either Dr Carlton Brand, Returning Officer or John Watling, Head of Electoral Services.

The Chairman paid tribute to the Elections team and all staff who had worked so hard to ensure the elections were carried out with the usual efficiency and precision. These comments were echoed by other Councillors who indicated their appreciation with a round of applause.

The Chairman made the following announcements:

a)    Outgoing councillors – acknowledgement of service

The following Councillors who were not returned were acknowledged:

John Brady, Jane Burton, Nigel Carter, Chris Cochrane, Peter Colmer, Peggy Dow, Peter Doyle, Rod Eaton, Peter Fuller, Mark Griffiths, Chris Humphries, Francis Morland, Jeff Ody and Stephen Petty;

and the following Councillors who did not stand for re-election (in addition to those who had been mentioned at the last Council meeting):

Michael Cuthbert-Murray, Paul Darby, Malcolm Hewson, Tom James OBE and Paul Sample.

The Chairman paid tribute to their work and the contribution they made to Wiltshire. She and the Leader would be writing to those former Councillors to pass on these comments along with a memento of their time on the Council. The Chairman took the opportunity to congratulate Councillors on their successful election and in particular, welcomed the 27 new Councillors to their first Council meeting.

b)    The Royal visit of HRH Prince of Wales to Malmesbury Abbey – Saturday 4 May 2013

A concert arranged by Music in Churches in Malmesbury Abbey was attended by His Royal Highness The Prince of Wales in his capacity as patron. The London Chamber Orchestra was conducted by Sir Neville Marriner with solo performances on the violin by Miss Chloë Hanslip.

The Vice-Chairman, Councillor Roy While attended the concert which was of a very high standard. It was a great honour for Wiltshire to host a concert of this significance.

c)    Councillors’ Induction Programme

Attention was drawn to the ongoing Councillor Induction programme and the Chairman encouraged councillors to attend as many sessions as they could.

Training needs analysis forms were circulated at the meeting and councillors were informed of a drop in session being held on Friday 7 June where training requirements could be discussed and further opportunities identified.

d)    Services Fair

Councillors were reminded of the Services Fair taking place in the Atrium, County Hall following the meeting. This was said would be a very interesting showcase of the services provided by the Council which would no doubt be of interest to all Councillors and opportunity to meet the Service Directors. The Chairman encouraged Councillors to attend if at all possible.

(e)       Salisbury Football Club

Council congratulated Salisbury Football Club for winning their recent play off game which would see them returned to the Conference Premier League.

No petitions have been received for presentation to this meeting.

There were no petitions received within the prescribed time for presentation to this meeting.

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 Corporate Director) no later than 5pm on Tuesday 7 May 2013. 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 reminded councillors that there was no debate on this item.

A question was received from Mr Phil Matthews regarding the set up of Healthwatch Wiltshire. A copy of the question and response is attached at Appendix 1. 

In response to Mr Matthew’s supplementary question, it was agreed

to include a link to SWAN, the advocacy service for complaints on the Council’s website.

In accordance with the adopted executive arrangements, to elect a Leader of the

Council for the period 2013-2017.

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 Leader will then advise Council of the membership of his/her Cabinet.

The Chairman sought nominations for the position of Leader of Council for

2013-17.

Cllr Jane Scott was proposed by Cllr Fleur de Rhé-Philipe and seconded by Cllr Mollie Groom. There being no further nominations, it was

Resolved:

That Cllr Jane Scott OBE be elected Leader of Wiltshire Council for 2013-17.

Cllr Scott then read out and signed the declaration of acceptance of office of Leader of the Council witnessed by the Monitoring Officer.

The Leader thanked Council for the confidence they had placed in her. She referred to the challenges the Council would be facing over the next four years, but said that the Council had a good team in place to deliver on its priorities. She acknowledged that it was healthy to have a turnover of Councillors who could provide new skills and experience. She also paid tribute to those who had not stood for re-election or had not been returned.

The Leader considered that generally speaking the electorate had voted on the basis of who they considered would successfully tackle local issues rather than on national politics. The Business Plan which would be coming before Council in due course would underpin the Council’s priorities over the ensuing four years. She hoped that Councillors would be able to work together as executive, scrutiny, opposition or back-benchers of the authority. She considered that good governance relied on constructive and positive challenge ultimately for the benefit of Wiltshire.

The Leader announced the membership of her Cabinet as follows:

Name:                                    Cabinet member for:

John Thomson                     Deputy Leader and Highways and Streetscene and Broadband

Dick Tonge                           Finance, Performance, Risk, Procurement and             Welfare Reform

Laura Mayes                        Children’s Services

Keith Humphries                 Public Health, Protection Services, Adult Care  & and Housing (excluding strategic housing)

Fleur de Rhé- Philipe         Economy Skills and Transport

Toby Sturgis                         Strategic Planning, Development Management, Strategic Housing, Property, Waste

Stuart Wheeler                    Hubs, Heritage & Arts, Governance (including   information management), Support Services (HR,       legal, ICT, business services, democratic services)

Jonathon Seed                    Communities, Campuses, Area Boards, Leisure, Libraries and Flooding

Reports (to follow) by the Service Director, Law and Governance on the following:

Report (to follow) by the Service Director, Law and Governance.

The Chairman took the above items recorded at minute no.s 33 (a) – (c) and 34 together giving Councillors an opportunity to comment on individual items.

The Chairman drew attention to the report of the Service Director, Legal

and Democratic Services which invited Council to review the allocation of seats on committees to political groups according to their respective political strengths on the Council. Council was also asked to make appointments to committees in accordance with such a review and to appoint chairmen and vice-chairmen of committees excluding the Overview and Scrutiny Management Committee, Scrutiny Select Committees and the Police and Crime Panel which would be asked to make such appointments at their respective first meetings.  The proposals also included the new requirement to appoint a Health and Wellbeing Board, the proposed terms of reference of which were presented. The Leader also drew attention to the need to appoint non-elected voting and non-voting members to the Children’s Services Select Committee.

The Leader proposed a motion which encompassed all of the above, details of which were circulated which was duly seconded. It was noted that Group Leaders had been consulted on the principles of what was being proposed.

Cllr Jon Hubbard proposed an amendment to the terms of reference of the Health and Wellbeing Board to include that voting members of the board representing Wiltshire Council are appointed according to political balance and that the Board should elect its chair at its first meeting and that chair should be independent of the Council.

A discussion ensued on the amendment during which Cllr Helena McKeown declared an interest in this item by virtue of her membership of a medical committee.

The principles of membership of the Health and Wellbeing Board were debated in terms of ensuring appropriate Council representation as well as ensuring those appointed would be able to provide the right levels of experience and knowledge required. On being put to the vote, the amendment was LOST.

During further debate, it was proposed and accepted that only job titles rather than names for the 3 Acute Hospitals Trusts representatives within the non-voting members of the Health and Wellbeing Board be included to allow for any future changes.

It was also agreed to add a representative from Wessex Local Medical Committee and a representative from the opposition group on the Council to the non-voting members of the Health and Wellbeing Board. Cllr Ian Thorn was nominated by Cllr Hubbard for this position as opposition group leader (liberal democrat). This resulted in Ian Thorn being deselected from the Health Select Committee creating a liberal democrat vacancy on that Committee.

The Leader explained that due to the constitutional requirement to have two Cabinet members on the Staffing Policy committee, Cllrs Bill Moss and Howard Greenman would be replaced on that committee by herself and Cllr Stuart Wheeler.

The Leader’s motion incorporating the acceptance of the above mentioned points was put to the vote and it was

Resolved:

1.    To note the reports and  ...  view the full minutes text for item 34.

Report by the ServiceDirector forEconomy and Regeneration.

To consider the following recommendation of Cabinet dated 19 March, 2013:

‘That the Wiltshire and Swindon Aggregate Minerals Site Allocations Local Plan, incorporating the Inspector’s main modifications, is adopted’

A copy of the Plan and Inspector’s Report are enclosed separately for Councillors and for members of the public, available online and on request.

At the Chairman’s invitation, Cllr Toby Sturgis, Cabinet Member for Strategic Planning, Development Management, Strategic Housing, Property and Waste presented a report on adoption of the Wiltshire and Swindon Aggregate Minerals Site Allocations Local Plan (The Plan). On recommendation from Cabinet at its meeting on 19 March 2013, Council was asked to adopt The Plan incorporating the Inspector’s modifications. The Plan along with the Inspector’s Report and details of the modifications proposed were presented. Cllr Sturgis therefore moved adoption of The Plan as amended and this was duly seconded.

Cllr Sturgis summarised the history of the development of The Plan and noted that Swindon Borough Council had resolved to formally adopt The Plan at its meeting on 11 April 2013. Cllr Sturgis thanked officers for all their dedicated hard work in bringing The Plan to this stage.

During debate a number of questions were asked to which Cllr Sturgis responded. He emphasised the importance of having such a Plan in place to be able to regulate development and the considerable consultation undertaken on it.

During debate, concern was expressed on the accuracy of the documentation presented in particular the maps included within The Plan which could it was said, potentially call the Plan into question. Cllr Sturgis reassured Council that there was no reason why Council should not be able to adopt The Plan.

Cllr Chivers moved an amendment that adoption of The Plan be deferred until the next Council meeting to obtain clarification over the accuracy of maps contained within it in the meantime.

Following debate it was it was agreed that the meeting be adjourned for lunch and to allow time to obtain clarification on the accuracy of maps in The Plan to further assure Council.

MEETING ADJOURNED 12.50PM

MEETING RECONVENED 1.35PM

Cllr Sturgis commented that no member had during the adjournment approached him with details of any inaccuracies referred to during debate to look into. Following consultation with officers there was nothing to suggest that The Plan should not be adopted. He explained that the Council could either accept and adopt The Plan as amended by the Inspector or reject it. The Council was not able to make changes to it at this very late stage. He reminded and reassured Council that The Plan had been judged as being sound by the Inspector.

On being put to the vote, the amendment to defer consideration of The Plan until the next meeting was LOST and on putting the original motion to the vote, it was

Resolved:

That Council adopt the Wiltshire and Swindon Aggregate Minerals Site Allocations Local Plan as presented incorporating the Inspector’s modifications.

No motions received for this meeting.

No notices of motion received for this meeting.

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 7 May 2013. 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 Clark, Linda Packard, Dalton, Chivers, Hubbard and Edge, details of which were circulated and attached as Appendix 4 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 were raised and summarised as follows which should be read in conjunction with the attached questions:

Cllr Ernie Clark – Question 1 – Was the Council able to comply with the Civil Contingency legislation to provide back up contingencies? Cllr Keith Humphries, Cabinet member for Public Health, Protection Services, Adult Care and Housing confirmed that the Council was complying.

Cllr Ernie Clark – Question 2 – Does the cost of over £3,500 per meeting (Standards Committee) represent value for money?  Cllr Julian Johnson Chairman of the Standards Committee considered that it did in that it served to ensure the promotion of high standards of conduct, a responsibility that was taken seriously.

Cllr Linda Packard – in response to further questions on penalties imposed on the contractor, it was agreed to send Cllr Linda Packard a copy of the contract with Balfour Beatty.

Cllr Brian Dalton – Question 5 – sought information on the location of the four new bus stops. Cllr Tonge, Cabinet member for Finance, Performance, Risk, Procurement and Welfare explained that all suggestions would be considered by the local Area Board and that if Cllr Dalton had any suggestions himself to advise officers of them so that they could be taken forward.

Cllr Terry Chivers – Question 6 - sought further clarification on the response given. Cllr Jonathon Seed, Cabinet member for Communities, Campuses, Area Boards, Leisure, Libraries and Flooding explained that following discussions with the Post Office, he understood there were no plans at present to close the post offices. The Council was prepared to accommodate the post office and this could be at Melksham Campus.

Cllr Terry Chivers – Question 7 – he was aware of members of the public who had struggled to get through to the Council’s switchboard or had experienced difficulties in having their queries responded to within a reasonable period of time.   The Leader undertook to look into such instances if Cllr Chivers could provide her with specific details.

Cllr Peter Edge – Question 10 – In response to Cllr Edge’s further querying of the figures quoted, it was agreed to provide him with a written response clarifying the figures.

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 Minutes Book enclosed separately.

b.    The Chairman will refer to Cabinet and each Committee in turn:

                      i.        The Leader, Cabinet members and Chairmen of Committees will be invited to make any important announcements.

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

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

d.    Councillors will be given an opportunity to raise questions on the minutes of the Wiltshire and Swindon Fire Authority.

(Under the Constitution, Councillors wishing to ask a question on the  Fire Authority minutes are required to give written notice to the officer named on the front of this agenda (acting on behalf of the Corporate Director) no later than five clear days before the Council meeting – 5pm on 7 May 2013).

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

The Chairman then invited questions from councillors 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.

Cabinet 19/03/13 min. no. 25 – discretionary housing payments – Cllr Brian Dalton asked for an update on this issue and details of how many applications had been made to date and how many applicants had been turned down for assistance.

Overview and Scrutiny Management Committee 28/02/13 – min. no. 67 – chairman’s announcements – Cllr Jeff Osborn sought information on the subject matter of the two referrals for potential call-ins which had not been taken forward. It was agreed to provide Cllr Jeff Osborn with a written response.

Children’s Select Committee 28/03/13 – min no. 66 – Pupil performance in public tests and examinations 2012 - Cllr Helena McKeown expressed concern over attainment levels of year 7 children and which schools they were going to. She was also concerned that local school places were being taken up by children from neighbouring counties. Cllr Lay asked Cllr McKeown to provide her with a written question to enable the matter to be considered at the next Children’s Select Committee.

Children’s Select Committee 28/02/13 – min no. 67 - Disabled Children and Adults Pathfinder – Cllr Helena McKeown explained that she came across difficulties in getting an assessment for someone who was severely disabled. She asked how information on how to get an assessment was being provided to GP’s and parents.  Cllr Laura Mayes referred to the DCA Pathfinder report going to Cabinet on 21/5 which she was sure Cllr McKeown would find helfpul. Cllr Lay agreed to raise the matter at the Children’s Select Committee.

Health Select Committee – a tribute was paid to former Cllrs Burton and Colmer, original members of the Select Committee and who had played a vital role on the Committee.

Licensing Committee – Cllr Seed, former Chairman of the Committee thanked Licensing Committee members for all their hard work particularly as there had been several licensing hearings right  ...  view the full minutes text for item 38.

Appendix 1 – Question from Mr Phil Matthews and response (min. no. 31)

Appendix 2 – Area Board membership (min. no. 34)

Appendix 3 – membership of committees (min. no. 34)

Appendix 4 – Councillors’ questions and responses (min. no. 37)