Agenda and minutes

Apologies for absence were received from Councillors Richard Beattie, Paul Darby, Lionel Grundy, Malcolm Hewson, Alan Hill, Jemima Milton, Julie Swabey and Bridget Wayman.

To approve as correct records and sign the minutes of the following meetings of Council:

The minutes of the meetings held on 8 November 2011 and 7 February 2012 were presented.

Resolved:

(1)  That the minutes of the Council meeting held on 8 November 2011 be approved as a correct record and signed by the Chairman.

(2)  That the minutes of the Council meeting held on 7 February 2012 be approved as a correct record and signed by the Chairman subject to the following amendment:

Minute No. 9 – Pre-submission Draft Wiltshire Core Strategy Development Plan Document – under Councillors’ Questions at the end of the 11^th paragraph insert the words “Councillor Fleur de Rhe Philipe, confirmed that no strategic site had been identified in Melksham.”

(a)  Certificate and Award in Management

The Chairman announced that Councillors Allison Bucknell, Jane Burton, Howard Marshall, Helen Osborn and Sheila Parker had successfully completed the Certificate in Leadership and Management.    Councillors Jacqui Lay, Peter Hutton and Chris Cochrane had successfully completed the Award in Leadership and Management.  The qualifications were nationally recognised at foundation degree level and the Chairman congratulated the councillors concerned on their achievement. 

(b)  Carbon Trust Competition

The Chairman announced that Pewsey Primary School had been announced the winner of the Carbon Trust’s “Cut Carbon, Cut Costs” schools’ competition.  Around 43 local authorities had participated in this national project.  Rowdeford School was also in the top ten and would be awarded with a highly commended certificate.

(c)  Marlborough Downs Nature Improvement Area Partnership

Richard Benyan, MP for Newbury had launched the Marlborough Downs Nature Improvement Area Partnership   This was made up of 40 farmers, the Game and Conservation Trust and Wiltshire Council.  It was one of the 12 successful bids from 76 and aimed to restore habitats and encourage local communities to get involved with nature.

(d)  Former Councillor Pat Sears

The Chairman announced with sadness the death of former Councillor Pat Sears.  Mrs Sears was a member of North Wiltshire District Council for 20 years, representing the Minety Ward.  She was also a founder member of the innovative “life-line” system that provided security for elderly and vulnerable people in their own homes.

Councillors paid tribute to Mrs Sears and stood in a moment of silence as a mark of respect.

Report by the Head of Democratic Services.

A report by the Head of Democratic Services was presented which gave Council details of the six petitions received for the period since the last ordinary Council meeting. 

Councillor Hubbard requested that local councillors be informed of petitions received which related to issues within their particular division.

Resolved:

That Council note the report, the petitions received and the actions being taken, as set out in the Appendix to the report.

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 Tuesday 21 February 2012 Please contact the officer named on the first page of this Summons 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.

A question was received from Mr Phil Matthews of the Wiltshire Involvement Network regarding the fairness of the government funding received by Wiltshire.  A copy of the question and response is attached as Appendix 1.

A statement was received from the Association of Devizes Passengers stressing the importance of public transport and raising concern about any proposals to reduce car parking charges.  Cllr Gamble welcomed the support of the Passengers’ Association and confirmed that he shared their views.  Cllr Gamble stated that he would send a written response.  A copy of the statement is attached as Appendix 2. 

To consider the Leader’s motion on the Business and Financial Plan Update and the Budget and council tax levels for 2012/13 following the recommendations of Cabinet from its meeting on 15 February 2012.

The following reports are attached:

Cllr Dalton declared a personal and prejudicial interest in this item regarding the setting of garage rents as referred to in the proposals concerning the Housing Revenue Account as he held a garage tenancy. 

The Chairman explained how he intended to manage the debate on the budget as summarised in the previously circulated paper regarding the budget process.

The Chairman drew Councillors’ attention to the various budget papers which had been previously circulated as follows:

·         Budget report

·         Report from the joint meeting of the Overview and Scrutiny Select Committee held on 9 February 2012

·         Extract from the minutes of the Cabinet meeting held on 15 February 2012

·         Proposed Council Tax resolution

·         Report on Treasury Management Strategy 2012/13

·         Report on revision to Treasury Management Strategy 2011/12

·         Revised Financial Plan

·         Liberal Democrat Group’s response to the Business and Financial Plan

·         Budget Debate Process

The Chairman invited Cllr Jane Scott, Leader of the Council, to present her budget speech which was circulated at the meeting and is attached as Appendix 3. 

The Leader explained that the priorities for Wiltshire Council were to deliver what was best for the people of Wiltshire, to look after the growing aging population and vulnerable children, to manage the challenging economic situation and to keep council tax at a zero percent increase for the third year running.

The Council was currently undergoing transformation and looking at new ways of providing key services including waste and recycling collections, leisure, libraries and older people’s accommodation.  The number of offices was being reduced and the Council was moving towards a new community campus model.  There were plans to invest almost £350 million into key services over the next three years while continuing to change and to keep looking at the way services were delivered and working closely with communities.

The Leader also thanked the new leadership team, extended leadership team and all the Council’s staff for their hard work, commitment and outstanding delivery this year, particularly in such challenging and demanding times.

The Leader moved the recommendations from the Cabinet meeting held on 15 February 2012 regarding the Financial Plan, Treasury Management Strategy 2012/13 and amendment to the Treasury Management Strategy 2011/12.  She also explained that £290k from existing base budgets would be used to pump prime 2012 celebratory events this year.  Where possible the expenditure would be offset by income generated from businesses participating and/or sponsoring the events.  The money would come from holding vacancies in corporate services that have not already been deleted as part of the saving proposals.  This was seconded by Cllr John Thomson the Deputy Leader.

At the Chairman’s invitation, Cllr Nigel Carter presented the report of the Joint Overview and Scrutiny Select Committee meeting held on 9 February 2012.  The Select Committee was pleased to see a balanced budget this year.  The Committee felt that the Financial Plan could be improved by putting more emphasis on good news stories, ensuring the narrative highlights and explains big changes to service budgets and making sure that the  ...  view the full minutes text for item 16.

Report by the Service Director, Human Resources and Organisational Development. The recommendations of the Staffing Policy Committee on the Statement from its meeting held on 22 February 2012 will follow.

Cllr John Noeken, Cabinet member for Resources, presented a report regarding the Pay Policy Statement and publication of senior staff pay. 

Resolved:

In order to comply with the Council’s responsibility, to approve:

(1)          The pay policy statement, as set out in appendix 1 to the report, subject to the following amendments:-

(a)  To include an explanation of Soulbury staff (as referred to in para 4) in the Definitions section towards the end of the draft Pay Policy Statement.

(b)  Para 33 to read as follows:-

It is the Council’s policy that Hay graded employees are subject to a performance appraisal each year. If the performance is measured as satisfactory, an increment may be awarded (subject to point 30. above). If the performance does not meet the required standard an increment may be withheld.

(c)  Para 34 to read as follows:-

For GLPC graded employees, increments are awarded automatically to the maximum of the grade (subject to point 31. above) unless formal proceedings are taking place under the Improving Work Performance Policy.

(d)  Para 35 to read as follows:-

The Council does not offer a bonus or honorarium scheme to any employee.

(e)  Para 45 to read as follows:-

All employees with a contract of employment of 3 months or more are entitled to join the Local Government Pension Scheme.

(2)          Publication of senior staff salaries with a threshold of £58,200, along with job descriptions, budget responsibilities and numbers of staff, it being noted that individual members of staff would be asked to consent for their names to be included. 

Reports by the Monitoring Officer on the following items:

(a)  Part 4 - Cllrs’ Questions and Motions on Notice

Cllr John Noeken presented a report setting out proposals following a review of this aspect of the Constitution by the Constitution Focus Group and the Standards Committee.  A query was raised regarding the form of response to a Councillor’s question and it was agreed that the Monitoring Officer would send a written response.

Resolved:

(1)  not to limit the number of questions or motions a member may submit.

(2)  not to change the deadline for submission of questions or motions on notice at this stage but to keep the position under review and bring this back to the Focus Group for further consideration in due course.

In the meantime to encourage Councillors to submit questions in particular, in advance of the deadline as far as possible to maximise the time available to prepare responses and in the case of motions, to prepare reports to assist Council in its consideration of them where appropriate.

(3)  not to introduce a time limit for questions and motions;

(4)  not to differentiate between operational and non-operational
questions.

(5)  to require motions on notice to contain a clear separation between the preamble setting out background information to the motion and the action being sought; and to ask officers to prepare background reports for motions on notice where possible and guidance to assist members in drafting motions.

(6)  to note that the Chairman in keeping with his role to manage the efficient transaction of business at meetings, had agreed to place questions and notices of motion further down the agenda, after substantive business, in particular items on the budget and policy framework and having regard to the agenda as a whole.

(b)  Procurement and Contract Rules (Contract Regulations)

Cllr John Noeken presented a report which proposed various amendments to Part 11 of the Constitution.  The changes had been considered and recommended by the Standards Committee.  The Council thanked the Parish and Independent members of the Standards Committee for all the contribution they have made to the work of the Committee over the last few years.

Resolved:

(1)  To approve the changes to Part 11 of the Council’s Constitution, as incorporated at Appendix A to the report.

(2)  To adopt Part 11 of the Council’s Constitution as amended with effect from 1 April 2012.

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.

Following the resignation of Councillor Colmer as a member of the Liberal Democrat Group, a request had been received for a formal review of the allocation of seats on committees to political groups in accordance with Section 15 of the Local Government and Housing Act 1989.

Resolved:

(1)          To note the report and the legal requirements.

(2)          To confirm the total aggregate number as 169 and the scheme of committee places available to councillors as attached as Appendix 5 to these minutes.

(3)          To approve the following changes to the appointment of councillors to committees to serve until the next occasion membership is reviewed under the provisions of the Local Government and Housing Act 1989, which will be undertaken at the annual meeting of the Council in May.

Area Planning Committee – East

Councillor Howard Marshall – appointed as substitute member

Area Planning Committee – North

Councillor Mark Packard – appointed as full member

Councillor Paul Darby – appointed as substitute member

Organisation and Resources Select Committee

Councillor Trevor Carbin – appointed as full member

Councillor Rosemary Brown – appointed as substitute member

Health and Social Care Select Committee

Councillor Jon Hubbard – appointed as full member

Councillor Peggy Dow – appointed as substitute member

Audit Committee

Councillor Desna Allen – appointed as substitute member

Appeals Committee

Councillor Paul Darby – removed as substitute member

Councillor Chris Caswill – removed as substitute member

Councillor Bill Douglas – changed from full member to substitute member

Councillor Peggy Dow – appointed as substitute member

Area Planning Committee – South

Councillor John Smale – changed from substitute member to full member

Councillor Mary Douglas – appointed as substitute member

Councillor John Noeken – removed as full member

Great Western Ambulance Joint Scrutiny Committee

Councillor Peter Colmer – appointed as full member

Recommended:

To approve the following dates of meetings of Council for the remainder of 2012:

·         15 May  (Annual meeting)

·         26 June (Extraordinary meeting – Wiltshire Core Strategy)

·         10 July

·         13 November

The Council considered its future meeting dates.

Resolved:

That Council meetings take place on the following dates for the remainder of 2012:

15 May (Annual meeting)

26 June (Extraordinary meeting re Wiltshire Core Strategy)

10 July

13 November

None received for this meeting.

There were no notices of motion.

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 Tuesday 21 February 2012. 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 Ernie Clark, Jon Hubbard and Chris Caswill, details of which were circulated and attached as a Appendix 6 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 Ernie Clark – Recovery of “non pensionable honoraria” payments – Cllr Clark asked what timescale the Council’s legal team was working to to recover these payments.  Cllr Jane Scott asked the Monitoring Officer to send a written response to Cllr Clark on this matter.

Cllr Jon Hubbard – Payment of public sector workers through private companies – Cllr Hubbard asked how many people listed as Wiltshire Council staff had been paid in this way.  Cllr Jane Scott explained that no public sector workers in Wiltshire had been paid in this way but some consultants had been.

Cllr Chris Caswill – Health and Wellbeing Board – Cllr Caswill asked whether the Administration was fully supportive of the Health and Wellbeing Board initiative.  Cllr Jane Scott explained that Wiltshire would have to be ready for the Boards if this was approved by Government and that it was important to provide a joined up service for the people of Wiltshire.  Cllr Caswill also noted that there could be the possibility of allowing cross party representation on the Board and asked whether this was an opportunity that Wiltshire intended to pursue.  Cllr Scott stated that the outcome of the Bill was still awaited but this could be a possibility.

Cllr Chris Caswill – Changes to the Licensing system – Cllr Caswill asked for assurance that if changes occur in a piecemeal fashion then the review would happen as and when these were received.  Cllr Seed, Chairman of the Licensing Committee, confirmed that discussions would take place as changes came in and that Councillors would be involved.

Cllr Chris Caswill – Parking arrangements in the Market Quarter area of Chippenham - Cllr Caswill asked whether this was an opportunity to ensure that enforcement action would be taken as a priority relating to parking notices in the Market Quarter area of Chippenham.  Cllr Sturgis stated that it was for the local member to work with residents to take this up with the developers.

Cllr Chris Caswill – Parking provision in the Market Quarter area of Chippenham – Cllr Caswill asked what scope there was for urgent action regarding parking in this area as about 50-100 cars had been displaced.  Cllr Dick Tonge, Cabinet member for Highways and Transport stated that the parking policy had been agreed and the only exception to this was where parking prevented access for emergency vehicles.  Any concerns should be pursued using the current procedure.

Cllr Chris Caswill – Community Area Transport Groups (CATGs) – Will the Cabinet member encourage all Community  ...  view the full minutes text for item 22.

(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.

(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 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.

Resolved:

That the above mentioned minutes be received and noted.

To receive and note:

The report and minutes of the Wiltshire Police Authority meetings held on 3 November and 8 December 2011 were received and noted.  No questions from Councillors had been received on these documents.  Cllr Carole Soden reported that the Police Authority budget had been set with no increase in precept.  The Chief Constable, Brian Moore had now left Wiltshire Police but had achieved his ambition to make Wiltshire the safest County in England.

To receive and note the minutes of the Wiltshire and Swindon Fire Authority meeting held on 15 December 2011.

The minutes of the Wiltshire Fire Authority meetings held on 15 December 2011 were received and noted.  Cllr Nigel Carter had submitted a question relating to the Fire Authority and a written response was set out in Appendix 7 to these minutes.

Appendix 1 – Public Question and Response – Mr Phil Matthews

Appendix 2 – Public Statement – Association of Devizes Passengers

Appendix 3 – Leader’s Budget Speech

Appendix 4 – List of Parish Precepts

Appendix 5 – Scheme of Committee Places

Appendix 6 – Councillors’ Questions and Responses

Appendix 7 – Question and Response – Cllr Nigel Carter re Wiltshire Fire and Rescue Authority