Agenda and minutes

The Chairman advised all those attending the meeting, that the Council was recording this meeting for live and/or subsequent broadcast through the council’s website. The images and sound recording may also be used for training purposes within the Council. By entering the meeting room, those attending were consenting to being recorded and to the use of those images and recordings for broadcasting and/or training purposes. The Chairman explained that this was history in the making as this would be the first meeting of the Council to be webcast in this way. This would help enhance the transparency with which the Council made its decisions, and also ensure as many people as possible can take part in decision making. It was noted that the meeting may also be recorded by the press or members of the public.

To receive any apologies for the meeting.

Apologies for absence were received from Councillors Desna Allen, Rosemary Brown, Liz Bryant, Nick Fogg MBE, Mollie Groom, Keith Humphries, Paul Oatway, Nina Phillips and Leo Randall. Councillor George Jeans for lateness. Councillor Graham Payne for temporarily withdrawing from the meeting to attend and represent the Council at the funeral of Cannon Christopher Brown.  

To approve as a correct record and sign the minutes of the last council meeting held on 29 July 2014.

The minutes of the Meeting held on 29 July 2014 were presented and it was,

Resolved:

That the minutes of the last Council meeting held on 29 July 2014 be approved as a correct record and signed by the Chairman.

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

There were no declarations of interest.

Corporate Directors Dr Carlton Brand, Carolyn Godfrey and Maggie Rae will update Council

Corporate Directors Dr Carlton Brand, Carolyn Godfrey, and Maggie Rae delivered a presentation on the Council’s financial position and some of the challenges that would need to be faced as the budget for 2015/16 and future years were prepared.

The Corporate Directors referred to the achievements made by the Council since May 2013 and alignment of the budget with the Council’s vision, aims and priorities as set out in its Business Plan. The presentation also referred to the existing and future challenges being faced by the Council. It was noted that a saving of £30 million was being identified for 2015/16 in the face of reductions in Government funding and service pressures whilst maintaining excellence.

(a) Wiltshire Council Older Peoples’ Day

The Chairman announced that the Council hosted an Older People’s Day at County Hall earlier this month.  Senior citizens from across the County were provided with the opportunity to speak with representatives from a number of charities and organisations hosting exhibitions. There was also the opportunity to participate in various activities  such as singing, Tai-Chi, quizzes and a tea dance.   

The event was well attended throughout the day, providing a real opportunity to bring together senior citizens from different communities to meet new people, try different activities and to celebrate their contribution to society. 

(b)  Friend’s Life Tour of Britain

The Council was delighted that the County of Wiltshire was part of the recent Friends Life Tour of Britain.  Like the Olympic and Jubilee events, it showcased and promoted the County, giving tourism and local businesses a boost as well as bringing communities together. 

It was inspiring to see professional riders like Sir Bradley Wiggins and Mark Cavendish, whose speed and skill was breathtaking as they raced passed County Hall.   The FanZone outside County Hall added significantly to the enjoyment of the occasion for all those who turned up to support the event. A big thank you went out to all those staff who were involved in supporting and running the event to ensure it ran safely, providing a memorable occasion for everyone and inspiring others to take up cycling.

(c)  Ushakov Medal Presentations

The Chairman reminded Members that last September the Council hosted a ceremony to honour Wiltshire residents who received the Arctic Convoy Star Medal.   At that time, veterans were waiting to hear if they would also receive the Ushakov Medal, the equivalent Russian military honour.

The Chairman was delighted to announce that 77 veterans from across the south-west were formally presented with their medals at County Hall in August.  The Council was pleased to support the Russian Embassy by offering to provide the Ceremony Room as the venue for two special presentation ceremonies – the first to be held outside London.  By doing so, it alleviated the need for veterans, all in their late 80s/early 90s, travelling to London or just receiving their medal through the post.  The Chairman was proud and honoured to host these ceremonies.  It was a huge privilege to welcome the veterans, 33 of which were Wiltshire residents, who greatly appreciated the Council’s support to them.  It was a very humbling and rewarding day.

(d)  Wiltshire and Swindon Youth Orchestra Concerts

The Chairman announced that both he and his Vice-Chairman, had been privileged to attended Summer concerts by the Wiltshire and Swindon Youth Orchestra in Bradford-on-Avon and Salisbury in August.

The performances were outstanding with over 80 children and young people taking part.  The Chairman congratulated Nick Howdle, Head of the Wiltshire Music Service, for encouraging and nurturing these talented young people and for giving all of us who attended these Concerts such a memorable evening.

(e) Canon Christopher Brown

The Chairman reported that as Councillors  ...  view the full minutes text for item 66.

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 14 October2014.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 reported receipt of questions as previously circulated from Mr Stephen Eades, Countess Amanda Cairns (represented by Mr Howard Ham) and Mr David Levy.

A copy of questions received together with the responses given by Councillor Toby Sturgis, Cabinet member for for Strategic Planning, Development

Management, Strategic Housing, Property, Waste are attached as Appendix 1 to these minutes.

No petitions received for presentation to this meeting.

No petitions were received for presentation to the Council meeting.

Report of the Democratic Governance Manager.

A report by the Democratic Governance Manager was presented which gave Council details of the 3 petitions received for the period since the last Council meeting.

Resolved:

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

To consider the following recommendation from Cabinet dated 17 June 2014:

To approve the de-designation of Salisbury Conservation Area and simultaneously re-designate the same area (with minor boundary amendments) but as four separate conservation areas namely: City of Salisbury, Milford Hill, Old Manor Hospital and Britford – each with its own written and illustrated appraisal.

Report by Dr Carlton Brand, Corporate Director is attached. 

The Cabinet Member for Strategic Planning, Development Management, Strategic Housing, Property and Waste introduced a report on the City of Salisbury, Milford Hill, Britford and Old Manor Hospital Conservation Area Appraisals.

Council was asked to agree to the de-designation of the Salisbury

Conservation Area, and simultaneously authorise the designation of four

separate conservation areas, the boundaries of which as shown on the maps presented.

Resolved:

That Council agrees to de-designate Salisbury Conservation Area and simultaneously re-designate the same area (with minor boundary amendments) as four separate conservation areas namely: City of

Salisbury, Milford Hill, Old Manor Hospital and Britford – each with its own written and illustrated appraisal.

To consider the following recommendation of the Licensing Committee dated 8 September 2014:

That the Licensing Committee notes the amendments made in the statement of Licensing Policy update and commends the Statement of Licensing Policy (final draft) under the Licensing Act 2003 to the Council for approval at its meeting on 21 October 2014.

Report and the draft Licensing Plan are attached.

Councillor Stuart Wheeler, Cabinet Member for Hubs, Heritage & Arts, Governance and Support Services presented a revised Licensing Policy for 2014-19 as recommended to Council by the Licensing Committee at its meeting on 8 September 2014. The extensive consultation undertaken on the draft policy was noted.

Cllr Wheeler guided members through the accompanying report and moved that Council adopt the Licensing Policy and this was duly seconded by Councillor Pip Ridout, Chairman of the Licensing Committee.

The Chairman invited Group Leaders to comment before widening the debate to other members.

Councillor Jon Hubbard proposed the following amendment which was duly seconded by Councillor Helena Mckeown:

To number the recommendation in the report as (1) and add as (2):

‘Council requests the Licensing Committee to specifically consider the four licensing objectives and bring back to full Council at a future meeting revised objectives that takes advantage of some of the additional powers available to local authorities including, but not restricted to, the power to adjust licensing objectives to take account of the scale of existing provision when considering new applications.’

The debate then centred on the amendment calling on Group Leaders before inviting other members. Councillor Peter Hutton, Portfolio Holder for Public Protection Services thanked officers for all their hard work in developing the Policy and echoed previous speakers in urging caution over making amendments to it without detailed consideration by the Licensing Committee.  

Councillor Stuart Wheeler explained that the Council had no authority to change the legally defined licensing objectives. He considered that proposals to amend the Policy should have been raised at the Licensing Committee to enable it to examine them in detail. This was also echoed by Councillor Seed who also referred to the three month consultation exercise where such proposals could have been raised and taken into account.

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

Councillor Chris Caswill gave notice of a number of amendments he wished to make. He considered that the Policy could be strengthened in a number of areas to make it more proactive.

Councillor Caswill proposed the following amendment which was duly seconded by Councillor Jeff Osborn:

‘In 1.1 Introduction, at the end of the first paragraph, add 'whilst also having regard the Government's 2012 alcohol Strategy.' (page 99)

Councillor Jane Scott was concerned that amendments of a complex nature were being proposed at this stage in the process. Councillor Wheeler reminding Council that the Licensing Policy was a legal document, expressed concern that amendments now proposed had not been the subject of detailed consideration by the Licensing Committee and not subject to consultation.

Councillor Jon Hubbard questioned the role of Council in debating and adopting the Policy, if it was not able to amend it as it saw fit.  Councillors Jane Scott and Stuart Wheeler explained that any proposals to amend what was essentially a legal document, should be evidence based and considered alongside legal advice on the soundness of such proposals to amend it.

On being put  ...  view the full minutes text for item 72.

For Council’s ease of reference the rules on how motions on notice are dealt with at Council and guidance on amendments to motions taken from Part 4 of the Council’s constitution are attached.

To consider the following notices of motions:

For Council’s ease of reference, the rules on how a motion is dealt with at

Council, taken from Part 4 of the Council’s constitution was presented.

Report by Corporate Directors Dr Carlton Brand, Carolyn Godfrey and Maggie Rae

At the last Council meeting held on 29 July 2014, Council adopted a motion submitted by Councillors Jeff Osborn and Terry Chivers which it amended to read as follows:

‘This council understands the financial challenges the Wiltshire  and Swindon Combined Fire Authority, as with all other public services, needs to address, but urges the Fire Authority to consider all options to address those challenges. To  this end this council will consider the matter fully at  its next meeting on 21 October 2014 when further information on all the options is available, including the views of the residents of Wiltshire, before formally giving its response to the Fire Authority as part of the consultation process’.

In accordance with the above adopted motion, Councillor Dick Tonge, Cabinet member for Finance, Performance, Risk, Procurement and Welfare Reform presented a report from the Corporate Directors for Council’s consideration.  It was noted that it had not been possible to include the views of the residents of Wiltshire as the consultation had not yet been completed.

The report referred to the seven options originally included in the Wiltshire draft business case and the resulting three options included in the public consultation document.

The report presented to Council advised members of the financial background surrounding the Wiltshire & Swindon Fire Authority proposals to strengthen the fire and rescue service whilst at the same time securing savings to enable a balanced budget. The report stated that of the options proposed by the Fire Authority, none fully addressed the £3.1 to £3.9 million shortfall for Wiltshire and Swindon Fire Authority by 2017/18 (nor the combined £5.4 million to £7.1 million shortfall faced by Wiltshire and Dorset).

In terms of the Wiltshire and Swindon Fire Authority remaining independent, due diligence of the £0.9 million savings by Wiltshire Council officers suggested that there was scope to deliver a saving at the earliest within the next four years ranging from £0.481 to £1.074 million. This would come from back office sharing of services such as IT and Accountancy, as well as better use and sharing of depots.

Wiltshire Council officers had not conducted due diligence on the merger with the Dorset Fire Authority option, the Business Case for which was also presented. However, it was suggested that c.£0.2 to £0.3 million of the savings that could be achieved under the independent option, such as use of depots, would also be possible from this option. It was clear that more savings would need to be identified whichever option was supported.

The report suggested that Council should not commit to an option without further information and clarification on the various issues highlighted in the report presented. In particular, the Council would need answers to the following questions:

·           How will the funding gap be bridged?

·           Are there further savings that could be made in collaboration with other public bodies?

·           How will the equalisation of precepts be dealt with and what the impact will be on Wiltshire residents.

·           How it can be assured that key  ...  view the full minutes text for item 73a)

The Chairman reported receipt of the above mentioned motion from

Councillors Terry Chivers and Jeff Osborn. Accordingly, Councillor Terry Chivers moved the following motion which was duly seconded by Cllr Jeff Osborn:

‘Further to this Council adopting its, Code of Conduct at Full Council in February, this Council considers amending the Code of Conduct to include a register of gifts and hospitality.

The current code states,

The existing Code states, at paragraph 2, ‘you must not place yourself under a financial or other obligation to outside individuals or organisations that might seek to influence you in the performance of your official duties.’

To protect members and to ensure full; transparency, for Wiltshire Council, and its members this Council adopts a register of interests for all gifts and hospitably over £25.00’.

In speaking to his motion, Councillor Chivers expressed surprise that there was no longer a requirement to register gifts and hospitality. He considered that for the reasons stated in his motion, such a requirement should be reinstated. 

In response, Councillor Stuart Wheeler, Cabinet member for Hubs, Heritage & Arts, Governance and Support Services reminded Council of its previous deliberations on this issue and referred to the relevant extracts of the Code of Conduct. He agreed that it would be appropriate for members to register gifts and hospitality received. In order to simplify the process and avoid costs, Councillor Wheeler suggested that this could be on a self registration basis.  Councillor Wheeler therefore suggested referral of the motion to the Standards Committee.

Resolved:

That motion no. 14 – Code of Conduct and Gifts and Hospitality be referred to the Standards Committee.

The Chairman reported receipt of the above mentioned motion from

Councillors Terry Chivers and Jeff Osborn. Accordingly, Councillor Terry Chivers moved the following motion which was duly seconded by Cllr Jeff Osborn:

‘To ensure this Council, is as open and accountable, as possible, each year all members allowances, and expenses be published on the Council web site, within one month of the end of the financial year’.

In speaking to his motion, Councillor Chivers considered there had been unacceptable delays in publishing details of members’ allowances paid this year. He explained that adoption of such a motion would ensure that details would in future, be published on the Council’s website in a timely manner.

In response, Councillor Stuart Wheeler, Cabinet member for Hubs, Heritage & Arts, Governance and Support Services explained that the requirement was to publish the information as soon as reasonably practicable following the end of the financial year. He referred to the various calculations that had to be made following the last review of members’ allowances and that the focus had been to ensure accuracy rather than speed in which the information was published.

Councillor Wheeler suggested the deletion of ‘within one month of’ and insertion of ‘as soon as reasonably practicable but in any event, not later than three months following’. This was reluctantly accepted by Councillor Chivers.

On being put to the vote, it was

Resolved:

That notice of motion no. 15 – Publishing of Members’ Allowances be ADOPTED as amended as follows:

‘To ensure this Council, is as open and accountable as possible, each year, all members allowances and expenses be published on the Council web site as soon as reasonably practicable, but in any event, not later than three monthsfollowing the end of the financial year’.

Report attached to assist Council in its consideration of the above motion.

The Chairman reported receipt of the above mentioned motion from

Councillors Steve Oldrieve and Jon Hubbard. Accordingly, Councillor Oldrieve  moved the following motion, which had been with the agreement of his seconder, Cllr Hubbard, amended from the original submission to read as follows:

‘1) Council notes the Cabinet's decision to sign the new Climate Change Local commitment, the successor to the previous Nottingham Declaration, confirming and strengthening the council's commitment to tackle the challenges of climate change.

2) Council recognises the commitments undertaken by the Cabinet's decision to sign the Climate Change Local commitment and acknowledges the importance of delivering not only through its own estate but also the important role it has as a community leader.

3) Council therefore undertakes to engage with public and private sector partners over the next 6 months to determine the viability of establishing an Wiltshire Energy Resilience Board, with the remit to work with partners across the county to jointly work to develop a strategy to achieve increased energy savings, and the consequential economic savings, to match and then exceed the South West Average’.

4) Council requests that the Cabinet member for Strategic Planning, Development Management, Strategic Housing, Property, Waste report back to Cabinet on 17 March 2015 to report the outcome of engaging with key partners and recommends a way forward on this matter.’

In speaking to his motion, Councillor Oldrieve explained the background and purpose of such a motion.  By adopting the motion, the Council would exercise its leadership role and establish a forum with other interested bodies across the County to undertake a vital role in carbon reduction.

Councillor Toby Sturgis, Cabinet member for Strategic Planning, Development

Management, Strategic Housing, Property, Waste explained that this motion was an example of how a member could work with officers and the Cabinet member to bring forward a motion that could be supported and could deliver what was required. Cllr Sturgis urged support for the motion as amended. The Council would move forward with developing an energy resilience plan for consideration with partners and determine the viability of establishing an energy resilience board.

On being put to the vote, it was

Resolved:

That motion no. 16 – Establishing of a Wiltshire Energy Efficiency Board be adopted as amended as detailed above.

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 Council.

The Chairman invited Group Leaders to present any requests for changes to

committee membership in accordance with the allocation of seats to political

groups previously approved by Council.

Following requests made by Councillor Jon Hubbard, Leader of the Liberal Democrat group, it was

Resolved:

That Council approve the following membership changes:

1) Wiltshire Fire Authority

REMOVE – Councillor Howard Marshall

ADD – Councillor Peter Edge

2) Northern Area Planning

REMOVE - Councillor Howard Marshall

ADD - Councillor Nick Watts

REMOVE SUB - Councillor Nick Watts

ADD SUB - Councillor Linda Packard

3) Appeals

REMOVE - Councillor Howard Marshall

ADD - Councillor Ian West

4) Strategic Planning

REMOVE SUB - Councillor Howard Marshall

ADD SUB - Councillor Brian Dalton

5) Licensing

REMOVE SUB - Councillor Howard Marshall

ADD SUB - Councillor Jon Hubbard

6) Standards

REMOVE SUB - Councillor Howard Marshall

ADD SUB - Councillor Ian Thorn

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.

b.    The Chairman will invite the Leader, Cabinet members and Chairmen of Committees to make any important announcements.

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

d.    Councillors will be given an opportunity to raise any questions on the minutes of the Wiltshire and Swindon Fire Authority – please submit any questions to Yamina Rhouati by 13 October  2014.

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

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:

Cabinet                                                           16 September 2014, 7 October 2014

Cabinet Capital Assets Committee            16 September 2014

Cabinet Transformation Committee          16 September 2014

Overview and Scrutiny Management Committee    9 September 2014

Environment Select Committee                                 2 September 2014

Licensing Committee                                                   8 September 2014

Northern Area Planning Committee                          16 July 2014, 27 August 2014,  

     17 September 2014

Eastern Area Planning Committee                              7 August 2014, 28 August 2014

Southern Area Planning Committee                           3 July 2014, 14 August 2014

     25 September 2014

Western Area Planning Committee                           23 July 2014, 3 September 2014

     24 September 2014

Strategic Planning Committee                                   16 July 2014, 30 July 2014

Audit Committee                                                            31 July 2014

Wiltshire Health and Wellbeing Board                      31 July 2014

Wiltshire Pension Fund Committee                           17 July 2014, 11 September 2014

Wiltshire Police and Crime Panel                                 4 September 2014

The Chairman invited questions from members 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.

Northern Area Planning Committee – 17 September 2014

Councillor Chris Caswill referred to the time change of the Committee. Councillor Tony Trotman, Chairman of the Committee responded and referred Councillor Caswill to his submitted question and response under ‘Councillors’ questions’ – minute below.

Resolved:

That the above mentioned minutes be received and noted.

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 14 October 2014. 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 Terry Chivers, Jeff Osborn, Helen Osborn, Simon Killane, Chris Hurst, Steve Oldrieve And Ernie Clark, Jon Hubbard And Chris Caswill, details of which were circulated in Agenda Supplement No. 1 together with responses from the relevant Cabinet member. Details of questions and responses are attached as Appendix 2 to these minutes.

Questioners were permitted to each ask one relevant supplementary question

per question submitted and where they did so, the relevant Cabinet member

responded.

Appendix 1 – Questions from members of the public

Appendix 2 – Questions from members of the Council