Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received from Councillors Mary Champion, Ernie Clark, Mark Connolly, Caroline Corbin, Jane Davies, Adrian Foster, Jacqui Lay, Ian McLennan, Dr Nick Murry, Ashley O’Neill, Jack Oatley, Paul Oatway QPM, Mike Sankey, Tim Trimble, Bridget Wayman and Mary Webb.

To approve as a correct record and sign the minutes of the last meeting of Council held on 18 May 2021.

The minutes of the meeting held on 18 May 2021 were presented for consideration, and it was,

Resolved:

That the minutes of the meeting held on 18 May 2021be approved and signed as a true and correct record.

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

There were no declarations of disclosable interests or dispensations granted by the Standards Committee.

Through the Chairman there were the following announcements:

Recent Engagements:

16 June 2021 - Opening of the Honorary Consulate Office of the Republic of Poland by the Polish Ambassador, His Excellency Prof. Arkady Rzegocki, accompanied by the Consul General, Mateusz Stasiek and other consular officers, Waterworks Road, Trowbridge.

4 July 2021 – Vice-Chairman virtually attendedthe Mayor of Trowbridge’s Civic Service, St. James’ Church, Trowbridge

HM The Queen’s Birthday Honours

The Chairman congratulated Wiltshire residents listed in the Queen’s Birthday Honours:

Officers of the Order of the British Empire (OBE)

·       Mr. Allan Bennett, Salisbury, OBE for services to Microbiology in the Covid-19 response;

·       Mr. Keith Lever, Wanborough, OBE for services to Volunteering during Covid-19;               

·       Dr. Christopher Timperley, Salisbury, OBE for services to UK Defence and Security;

Members of the Order of the British Empire (MBE)

·       Mr. Clegg Bamber, Swindon, MBE for services to Education.

·       Mrs. Anita Seaton, Chippenham, MBE for services to the Environment and Vulnerable Communities;

Medallists of the Order of the British Empire (BEM)

·       Mr. Louis Edwards, Corsham, BEM for services to Defence and for Voluntary Service;

·       Mr. Colin Elford, Salisbury, BEM for services to Forestry;

·       Mr. Peter Lamont, Melksham, BEM for services to Young People

South West Challenge

Wiltshire Council staff had again won the South West Challenge in which 8 teams competed, in playing the part of an executive team dealing with and turning around the poor performing fictional Isle of Boroshire authority. The winning team included: Henry Powell, Ella Crerar, Katrina McJannet, Laura Young, Rachel Finlay and Kirsty Rose.

Recorded Votes

On the proposal of the Chairman, seconded by the Vice-Chairman, it was

Resolved:

That Councilsuspend paragraphs 22.6.2 and 22.6.4 of Part 4 of the Constitution in respect of recorded voting.

A petition is to be presented to the meeting, as detailed in the attached report.  

The Chairman moved and presented the report by the Head of Democratic Services, which gave Council details of the one petition received for the period since the last Council meeting.. This was seconded by Councillor Sheppard.

Resolved:

That Council note the report, the petition received, and the actions being taken in relation to them, as set out in the report.

The Council welcomes contributions from members of the public, however due to evolving Covid-19 public health advice, physical attendance at this meeting may be limited. Please contact the officer named on this agenda no later than 5pm on 16 July if you wish to attend this meeting.

Statements

Members of the public who wish to submit a statement in relation to an item on this agenda should submit this electronically to the officer named on this agenda no later than 5pm on 16 July 2021. Up to three speakers are allowed for each item.

 Each statement must:

·       State whom the statement is from (including if representing another person or organisation);

·       state points clearly, and;

·       be readable aloud in approximately 3 minutes.

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 13 July 2021 to receive a written response in advance of the meeting, or Thursday 15 July 2021 to receive a verbal response at the meeting. 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.

There were no public statements or questions submitted.

Councillor Pauline Church, Cabinet Member for Finance & Procurement, Commissioning, IT, Digital and Commercialisation, introduced and moved the recommendation as detailed in the report. The proposal was seconded by Councillor Richard Clewer.

The council was required by regulation to provide an Annual Treasury Management Review of activity and credential treasury indicators for the period from 1 April 2020 to 31 March 2021. A variation of the report had been presented to Cabinet.

The council continued to finance capital expenditure through maximising the use of capital receipts, capital grants and internal borrowing, overall enabling the council to under borrow by £176.5m and avoid interest costs of £3.8m. 

It was stated that the council undertakes capital expenditure on long term assets and investments, financed immediately through capital or revenue resources with no impact on the Council borrowing need, or if insufficient in ternal funding was available or a decision was taken not to use internal resources, this would give rise to borrowing need.

A summary of the council’s borrowing position on 31 March 2021 was detailed in appendix 1. The council’s treasury position was intrinsically linked with the Capital Programme. When placing treasury transactions in the market, consideration would be given to investments with environmental and social benefits. 

The Chairman then invited Group Leaders to comment on the report and

presentation.

Councillor Richard Clewer thanked Councillor Church and noted that the report had been approved by Cabinet.

Councillor Ian Thorn, Leader of the Liberal Democrat Group, thanked officers for enabling attendance at Council in a safe way and Trowbridge Town Council for hosting the meeting at the Civic Centre. He then noted that it would be helpful to understand the administration’s view in terms of how to ensure the investments were as ethical as possible, in terms of investments with institutions and loans to local authorities. He hoped for a Business Plan which was more specific, and output driven so that we can measure performance in specific ways.

Councillor Graham Wright, on behalf of the Independent Group, thanked Councillor Church for her report.

Councillor Ricky Rogers, Leader of the Labour Group, noted that it was financially reassuring to hear that the Capital Programme would be back on track with future projects and developments.

The item was then opened for general debate.

During debate, there was a request for future reports to set out the criteria relating to social policy objectives. 

Other issues raised included the loan repayment rates of 4,5, & 6% in relation to the base rate of 0.1%, and whether there was scope to re-negotiate. The focus on capital borrowing and expenditure was also welcomed.

Councillor Church noted that as much effort as possible was made to ensure that investments were ethical. The Capital Programme needed to be deliverable and have the correct focus for the authority. She was keen for future reports to include a link to the Social Policy Objectives and would liaise with Officers to take this forward.

With regards to high loan rates, those were the rates at  ...  view the full minutes text for item 22.

A report from the Chief Executive Officer, Terence Herbert

Councillor Nick Botterill, Cabinet Member for Development Management, Strategic Planning and Climate Change introduced and moved the recommendation as detailed in the report This was seconded by Councillor Richard Clewer.

Councillor Botterill paid tribute to his predecessor for By Brook Division, former Councillor Baroness Scott of Bybrook OBE for her role in forming and shaping a newly formed authority from 2009 and to the previous Cabinet Member former Councillor Toby Sturgis, for his keen mind and steady hand in his role on the portfolio.

The authority resolved in 2019 to seek to make Wiltshire Council carbon neutral by 2030 and made a commitment in providing 6 monthly updates. Significant progress had been made over the past 6 months despite the pressures of the Covid-19 pandemic. Almost £92m of revenue and capital expenditure had been approved to be spent on reducing carbon emissions.

Wiltshire was a large rural county which presented many additional challenges in carbon reduction; however, the council had set out ambitious plans in producing deliverable reductions in carbon output and from biggest sources of emissions.

Adapting society to a low carbon future over the coming years would not be an easy task and would likely not happen at all if there were a weak faltering economy and a broken society. That was why it was imperative to ensure that the economy grows, and communities thrive.

The Chairman then invited Group Leaders to comment on the report and
presentations received.

Councillor Richard Clewer, Leader of the Council, thanked Councillor Botterill and the Carbon Reduction team, noting that this was a critical year for the country in terms of getting strategies and plans in place for reduced carbon. The government’s Decarbonising Transport Plan had recently been published, which started to set out what would need to take place, on working towards decarbonisation of transport.

The council’s Climate strategy was up for consultation and intended to be considered for approval later in 2021. He noted that the approach was impressive, and that the council had already achieved an 80% reduction on figures for 2016. Government policy would need to change to enable further movement, which the council was ready to act upon.

The Leader had also taken over as chairman for the Countryside Climate Network, a group of mostly rural authorities coordinating work to help achieve net zero and improve resilience of communities. He had recently visited Europe’s largest battery storage centre in Minety, noting that it was good to be playing a part, particularly as a rural authority, in solar and other technologies. 

Councillor Ian Thorn, Leader of the Liberal Democrat Group, also conveyed his thanks to officers and those Members who were present when the council voted for the Climate Emergency motion which set the council on its path to achieve its objectives.

He went on to note that a challenge of the initiative was how to engage, involve and work with communities across the county. The first step would need to ensure joined up working to achieve the  ...  view the full minutes text for item 23.

To receive a report on Overview and Scrutiny activity.

Councillor Graham Wright, Chairman of the Overview and Scrutiny Management Committee, moved and presented the report

He noted it had been a difficult year due to the pandemic, requiring the council to restructure its ways of working to enable Scrutiny to continue in new ways.

The Covid-19 Response Task Group had been formed during the year, comprising a group of 7 members who met regularly with the Leader and Corporate Leadership Team regarding any Covid-19 related issues.

Across the year the Management Committee had continued to hold public meetings online, whilst the Children’s, Environment and Health Select Committees had undertaken work on a more informal basis, feeding into the Management Committee.

Following the elections in May 2021 Councillor Wright welcomed new Chairmen for Environment and Health Select Committees, and a new Vice-Chairman for the Management Committee. He paid tribute to the work of previous Chairmen across a difficult period, in particular the long service of the outgoing Vice-Chairman of the Management Committee, former Councillor Alan Hill.

Councillor Wright noted the national recognition of Wiltshire Council as providing effective scrutiny, and in particular the work of the Financial Planning Task Group.

Chairmen of the Select Committees were then given the opportunity to comment, with Councillor Jon Hubbard, Chairman of the Children’s Select Committee, noting changes to regular briefings to the committee, which would be open to all Members and recorded for future availability.

The Chairman of the Council then moved that the annual report of Overview and Scrutiny be noted. This was seconded by the Vice-Chairman.

The Chairman then invited Group Leaders to comment on the report and
presentations received.

Councillor Richard Clewer, Leader of the Council, thanked Overview and Scrutiny for its work over a challenging year, complimenting the way it had functioned with remote arrangements.

Councillor Ian Thorn, Leader of the Liberal Democrat Group, thanked all those who had participated in Overview and Scrutiny. He noted the importance of engaging as many as possible in discussion and decisions, including through use of online methods, and emphasised the importance of Cabinet decisions being taken through the appropriate scrutiny process.

Councillor Ricky Rogers, Leader of the Labour Group, thanked those members who had taken part in Overview and Scrutiny activity. He highlighted it was an opportunity for all Members to enhance their knowledge of how the council worked in specific areas.

Following opportunity for debate, it was

Resolved:

That Council note the contents of the report.

To consider the report of the Independent Remuneration Panel on the Members’ Allowances Scheme.

Councillor Ian Blair-Pilling, Cabinet Member for Leisure, Libraries, Governance, Facilities Management and Operational Assets, introduced the background to the report.

It was a legal requirement to review Members’ allowances at least every 4 years. In 2021 the council convened an Independent Remuneration Panel (IRP) to review the Members Allowance Scheme. The council was asked to consider the recommendations of the IRP, the views of Members and the financial implications of the proposals, as set out in the report.

The Chairman of the IRP, Mr John Quinton, presented the report and appendices in the agenda.

The IRP had met seven times and consulted with a total of 36 Members in addition to surveying for views and had also carried out comparison work other local authorities and their allowances pre and post pandemic and after. Mr Quinton emphasised that the IRP was not responsible for financial implications of the recommendations and could not consider these when determining what they felt was appropriate to recommend for any roles or activity. He noted that the purpose of allowances was to provide reasonable compensation for time spent on a specific role and was not a salary replacement scheme.

Some key findings and conclusions were noted. In previous years the allowances were increased in line with the staff pay award. As this had not yet been agreed, the Panel had factored in an increase for 2021/22, to bring it in line with an expected incremental pay rise and to the added requirements of working from home due to the pandemic.

Each Special Responsibility Allowance (SRA) position was considered on its own merits due to the varying level of input and requirement each afforded. In addition, some decrease in allowances were recommended for posts such as the Chairman and Vice-Chairman of the Council and a removal of an allowance for the Chairman of the Health & Wellbeing Board.

Other recommendations included the implementation of an increase to the Carers allowance, as well as the inclusion of a Sickness and Parental Leave policy, which it was noted would help to remove perceived barriers to those considering standing for election.

Councillor Blair-Pilling thanked Mr Quinton for his report and noted that it was clear that the IRP had applied a great detail of reasoning and research towards the task. However, in particular due to the financial implications of the proposals and difficulty in extracting other elements from within the recommendations, he could not support the proposals. Accordingly, he moved the following motion:

That council notes the recommendations of the IRP, and the requirement to consider these in the context of their financial implications, outlined in the covering report;

The council retains for the council term 2021-25, the entire Councillor Allowance Scheme as set out in Part 13 of the Constitutionand continued to apply the staff pay award (NJC terms and conditions) as the index by which annual adjustments apply to allowances, with effect from 1 April 2021; and the Members’ Allowance Scheme be amended accordingly.

This was seconded by  ...  view the full minutes text for item 25.

To receive a recommendation from the Standards Committee on proposed changes to Part 3B (Health and Wellbeing Board) and Protocol 10 (Governance Reporting Arrangements).

Councillor Ian Blair-Pilling, Cabinet Member for Leisure, Libraries, Governance, Facilities Management and Operational Assets, moved and introduced the recommendation to amend the Constitution in respect of the Health and Wellbeing Board and Governance Reporting Arrangements of the agenda. This was seconded by Councillor Simon Jacobs.

The Chairman then invited Group Leaders to comment on the report. There were no comments.

The item was then opened for general debate, where no comments were received.

It was therefore:

Resolved:

That Council approves the proposed changes to Part 3B and Protocol 10 of the Constitution.

To consider a recommendation from the current Amesbury Area Board and Electoral Review Committee.

Councillor Ian Blair-Pilling, as Chairman of the Electoral Review Committee, introduced and moved the report, which set out the proposal that Amesbury Area Board be re-named Stonehenge Area Board. Councillor Gavin Grant, Vice-Chairman of the Electoral Review Committee, seconded the proposal.

The Chairman then invited Group Leaders to comment on the report and
presentations received.

Councillor Graham Wright, representing the Independent Group noted that in his capacity of Chairman of the Area Board in question, he welcomed the proposals.

The item was opened for general debate, where the proposals were supported.

At the conclusion of debate, it was:

Resolved:

That Council approve that Amesbury Area Board be renamed Stonehenge Area Board, and to delegate any necessary constitutional changes to the Monitoring Officer.

To consider the attached motion from Cllr Whitehead.

A motion was moved by Councillor Philip Whitehead regarding proposed amendments to the Members’ Allowance Scheme. The motion was seconded by Councillor Graham Wright.

Councillor Whitehead considered there was currently an anomaly where the payment of Special Responsibility Allowances (SRAs) stopped from the end of the previous council term until the first meeting of Full Council, despite work ongoing during that time for many SRA holders, if they were re-elected. He proposed that the Scheme be amended to recognise the ongoing work that took place and to permit remuneration to continue for that period.

A point of order was raised, which asked for clarification on whether, at the point of an election, the council was then dissolved, and as such those appointed in positions with SRA’s were also dissolved until new council formed.

The Monitoring Officer, Perry Holmes, clarified that the term of office for councillors ended four days after an election, when the new council term initiated for those who had been elected or re-elected. The Members’ allowances scheme could be amended to retain SRA payments up to the first meeting of Full Council, should Members be re-elected.

The relevant Cabinet Member, Councillor Ian Blair-Pilling, Cabinet Member for Leisure, Libraries, Governance, Facilities Management and Operational Assets supported the motion.

The Chairman moved that the motion be debated, this was seconded by the Vice-Chairman.

The Chairman the invited Group Leaders to comment on the motion.

Councillor Richard Clewer, Leader of the Council, noted that meetings and work did continue during the period between the election and the first Full Council and as such he supported the motion.

Councillor Ian Thorn, Leader of the Liberal Democrat Group, shared the view that it was an anomaly in the arrangements and that Members with SRAs should be focused and working for the council during the period mentioned and therefore supported the motion.

Councillor Ricky Rogers, Leader of the Labour Group stated he was not against the motion in principle, however as he had not consulted with residents in his Division, many of whom were financially struggling, and would wish to take their views in to consideration.

The motion was then opened for general debate.

Points raised during debate included noting that not all committees elected a chairman at the first meeting of Full Council, but at the first meeting of the committee, which could be a significant time afterwards.

Councillor Jon Hubbard therefore moved an amendment include the words ‘or relevant committee’ to ensure those roles appointed by Committee were also covered by the motion. This was accepted by the mover and seconder of the original motion.

At the conclusion of debate, it was therefore:

Resolution:

That the Members’ Allowances Scheme be amended to include provision that in an election year the SRAs for all SRA holders continue until the new SRA holders are appointed by Full Council or relevant Committee. This to apply from 7 May 2021 onwards, providing the Member was re-elected.

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

b) Councillors will be given the opportunity to raise questions to the Chairmen of Committees or to the Dorset and Wiltshire Fire Authority on the minutes of their meetings, available here Dorset & Wiltshire Fire Service | Agendas and minutes (dwfire.org.uk)

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

There were no announcements by Cabinet Members or Chairmen of Committees.

A report from the Chief Executive.

Councillor Pauline Church, Cabinet Member for Finance, Procurement and
Commercial Investment, presented a report and recommendations on
appointments to the Wiltshire Pension Fund Committee and Local Pension
Board. This was seconded by Councillor Richard Clewer.

The Chairman then invited Group Leaders to comment on the report, there were no comments.

The item was then opened for general debate.

During debate it was noted that the motion fell in to two parts, the first to confirm the appointment to the Wiltshire Pension Fund Committee, the second to delegate to the monitoring officer to appoint a representative to the Local Pension Board and that there were two meetings of the Standards Committee before October 2021. It was suggested that if there were more than one nomination for the post, the appointment to be made by the Standards Committee in accordance with procedure. If there was nomination the delegated authority would be exercised to appoint to the position.

At the conclusion of debate, it was therefore:

Resolved:

That Council:

a) Appoints Claire Anthony to the Wiltshire Pension Fund Committee for a four-year term as an Employer Member Representative;

b) Delegates to the Monitoring Officer to appoint a representative to the Local Pension Board once a nomination is made by the employer group.

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 invited Group Leaders to request any membership changes. 

Group leaders proposed changes to committee membership as detailed in the resolution.

The Chairman moved the proposed membership changes. This was seconded by the Vice-Chairman. It was:

Resolved:

To make the following appointments to Committees:

·       Councillor Mary Webb to be removed from the Environment Select Committee, and removed as a substitute from the Licensing Committee, Children’s Select Committee, Police & Crime Committee, and Staffing Policy Committee.

·       Councillor James Sheppard to be appointed to the Environment Select Committee as a substitute.

·       Councillor Jerry Kunkler to be appointed to the Licensing Committee as a Substitute.

·       Councillor Jonny Kidney to be appointed to the Children’s Select Committee as a Substitute.

·       Councillor Stuart Wheeler to be appointed to the Police & Crime Committee as a Substitute.

·       Councillor Tamara Ray to be appointed to the Staffing Policy Committee as a Substitute.

·       Councillor Liz Alstrom to be removed from the Environment Select Committee

·       Councillor Mel Jacobs to be appointed to the Environmental Select Committee.

·       Councillor Ian Thorn to come off Audit and Governance Committee

·       Councillor Adrian Foster to be appointed to Audit and Governance Committee.

·       Councillor Liz Alstrom to be removed from the Environment Select Committee

·       Councillor Mel Jacobs to be appointed to the Environmental Select Committee.

·       Councillor Ian Thorn to come off Audit and Governance Committee

·       Councillor Adrian Foster to be appointed to Audit and Governance Committee.

Councillors were required to give notice of any such question in writing to the officer names on the first page of this agenda no later than 5pm nine clear working days before the meeting – Tuesday 6 July 2021 in order to be guaranteed a written response.

Any question received after 5pm on 12 November 2019 and no later than 5pm four clear working days before the meeting, Tuesday 13 July 2021, may only receive a verbal response at the meeting. Any questions received after this date will be received at the next meeting.

Questions may be asked without notice if the Chairman determines 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.

Two questions were received from Councillors, as set out in Supplement 1 to the agenda. Written responses had been provided in Appendix 2 to the report.

Questions 21-01 - Progress update on implementation of Service Delegation & Asset Transfer Policy - Councillor Ruth Hopkinson

A supplementary question was made regarding if the policy had been shelved and what involvement there had been from Overview and Scrutiny. The Leader responded that during the Covid-19 pandemic resources had needed to be reallocated, but that work would be starting up again for a programme soon.

Questions 21-02 - Planning Conditions - Councillor Edward Kirk 

There were no supplementary questions.