Agenda and minutes

Apologies for absence were received fromthe following councillors:

John Thomson, Nigel Carter, Tony Trotman, Desna Allen, Simon Killane, Jerry Kunkler, Stephen Petty, Paul Sample, Philip Brown, Peter Davis, Russell Hawker, Tom James, Julie Swabey and Paul Darby.

To approve as a correct record and sign the minutes of the Annual meeting of Council held on 18 May 2010.

The minutes of the Annual Meeting held on 18 May 2010 were presented. 

Resolved:

That the minutes of the Annual Meeting held on 18 May 2010 be approved as a correct record and signed by the Chairman.

To declare any personal or prejudicial interests or dispensations granted by the Standards Committee.

The Chairman declared a personal interest in the discussion which arose from the minutes of the Wiltshire and Swindon Fire Authority concerning the future of the Cricklade Cadet Force by virtue of him being the Chairman of the Fire Authority (minute no. 54 refers).

Cllr Andrew Davis declared a personal interest in the consideration of the recommendation to make a Designated Public Places Order at Warminster by virtue of him also being a member of Warminster Town Council (minute no. 58 refers).

(a)       Birthday honours

On behalf of Council, the Chairman congratulated the Wiltshire recipients of Queen’s Birthday Honours list which he read out. 

(b)       Queen’s Award for Voluntary Service

The Chairman announced that five organisations in Wiltshire were nominated for the Queen’s Award for Voluntary Service namely, Swindon Down’s Syndrome Group, Hope Nature centre, Wilshire Search & Rescue, Berwick St. John Country Fayre and Lydiard Millicient Lunch Club.

The Chairman was pleased to announce that Swindon Down’s Syndrome Group were successful in attaining the award and congratulated them on their achievement.

(c )       Queen’s Award for Enterprise  

The Chairman announced that four businesses in Wiltshire had been recognised in the Queen’s Award for Enterprise, two in the category for international trade and two for innovation.

Naim audio from Salisbury and Themis from Trowbridge had received awards in the international trade category.

Danlers Limited from Chippenham and Halyard Marine from Salisbury had received awards in the innovation category.

The Chairman congratulated them all on their success.

(d)       ‘Shaping the future – Being the Best’

The Chairman explained that the Council was launching its first Corporate Staff Awards, ‘Shaping the future – Being the Best’. The purpose of the awards was to celebrate and recognise the excellent work being done by Wiltshire council employees.

The Chairman referred Councillors to a brochure which included a nomination form. The winners would be announced at a gala awards ceremony on Monday 27 September at Salisbury City Hall by the Leader and Chief Executive. Category winners would be automatically entered into a competition to find the overall outstanding employee of the year who would also be announced at the awards ceremony.

(e)       New Liberal Democrat Group Leader

The Chairman acknowledged that Councillor Jon Hubbard was now Group leader of the Liberal Democrat group on the Council. The Chairman wished him well in his appointment and thanked the previous Liberal Democratic leader, Councillor Trevor Carbin for his work over the past year.

(f)         Councillor Julian Johnson – New Forest National Park Authority

The Chairman congratulated Councillor Julian Johnson on his appointment as Chairman of the New Forest National Park Authority.

No petitions have been received for presentation at this Council meeting.

A report by the Head of Democratic Services updating Council on petitions received by this Council is attached.

Council at its Annual Meeting in May 2010 adopted a new Petition Scheme, details of which had now been added to the Council’s website. The report of the Head of Democratic Services was considered which updated Council on the Petition Scheme and gave details of the four petitions received since the Petition Scheme was introduced.

The Chairman confirmed that no petitions had been received for presentation at this meeting.

Resolved:

That Council

(a)               note the report, the petitions received and the actions being taken as set out in the Appendix to the report presented and

(b)              note the proposed piloting of the E-Petitions Scheme with effect from mid September 2010.

The Council welcomes contributions from members of the public.

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.

Members of the public wishing to ask a question should give written notice (including details of any question) to the officer named above (acting on behalf of the Director of Resources) by 12.00 noon on Friday 9 July 2010.

Any questions received will be circulated to Councillors prior to the meeting and made available at the meeting and on the Council’s website.

No requests for public participation had been received for this meeting.

Please note that Councillors are required to give notice of any such questions in writing to the officer named above (acting on behalf of the Director of Resources) by noon Friday 9 July 2010  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, Helen Osborn, Peter Colmer, Jeff Osborn, Jon Hubbard, Steve Oldrieve, Trevor Carbin and Chris Caswill.

Details of the questions and responses given were previously circulated and attached as Appendix A to these minutes.

 Supplementary questions were made in some cases summarised as follows:

Cllr Helen Osborn – Special Education Need (SEN) provision – sought an assurance that sufficient resources would be made available to deal with SEN.

Cllr Grundy explained that SEN review was governed by legislation and confirmed that there was no question that requirements under SEN would not be continued.

Cllr Peter Colmer – consultation on the Wiltshire Community Plan – asked whether it would be more appropriate to undertake the consultation through community area partnerships rather than a ‘top down’ approach.

The Leader confirmed that the consultation exercise was to ensure the Plan reflected views of the community and that the consultation would include community area leaders.

Cllr Jeff Osborn – recommendations of audit carried out by KPMG – referred to the 50 recommendations from the audit out of which 18 had been highlighted as red.

Cllr Fleur de Rhe Philipe explained that the number of recommendations were to be expected due to the transitional period and confirmed that all recommended actions had been completed.

Cllr Jon Hubbard – collapse of property values – given that property values had collapsed and benefits from disposals would be negligible questioned whether savings would be made ahead of clear directives on the future of local government.

Cllr John Noeken agreed that the Council needed to constantly keep progress of the workplace transformation under review. Given that property prices were currently depressed, he confirmed that the Council was not in a hurry to dispose of its properties. This would be kept under review by the workplace transformation board which had last met on 9 July 2010.

Cllr Jon Hubbard – cost of producing ‘Your Wiltshire Magazine’ against effectiveness of it being used as a vehicle for consultation – questioned the benefits of the magazine and questioned whether the amount spent on producing it could be better spent on providing frontline services.

The Leader emphasised that front line services were not being cut. The production of the magazine was being kept under review and that the Council was working with its partners to make it a public sector magazine. Without the magazine, individual services would have to undertake their own separate consultation which would then collectively cost more. The magazine was never intended as a vehicle for public consultation or for publishing statutory notices. The magazine served the purposes of keeping members of the public informed and in providing an opportunity to challenge the Council with its feedback.

Cllr Steve Oldrieve – Adopted notice of motion on fair trade – asked how the motion was being incorporated into the Council’s procurement policy and toolkit and the contract regulations.

Cllr John Noeken confirmed that it would be reflected in  ...  view the full minutes text for item 49.

(a)       The Leader and/or Cabinet Members to update Council on any major

activities within their respective areas of responsibility.

(b)       Area Boards – This is an opportunity to raise general issues relating to Area Boards but not specific local issues.

(a)       Updates by Cabinet members

(i)                 Coalition Government

The Leader initiated a discussion on emerging proposals from the new Coalition Government. She explained that correspondence was being received with increasing regularity from various Government departments on new Government proposals and initiatives.

She referred to the emergency budget announced by the Government in June. This included a reduction in Area Based Grant of £2.7m. The Area Based Grant from the Department for Education had been reduced by 24%. Within the last 24 hours, the Council had been advised of a reduction of £1.24m in education grants for technology across the region for the provision of broadband. A reduction of £700k had also been advised for 14-19 capital grant. The free swimming grant had also been removed and it was hoped to keep free swimming in place over the summer period at least. It was noted that most if not all secondary schools in the Council’s area would be expressing a wish to achieve academy status and this would have a tremendous impact on the Council as the Local Education Authority.

Cabinet was working closely with Chief Officers to try and minimise the impact of the reductions in funding. The Council would need to consider its budget as a whole in order to examine its priorities.

Local authorities were awaiting the outcome of the public spending review to be announced by the Government on 20 October 2010 in order to assess the impact on local government. This would also help to inform the Council’s Business Plan. The spending review would also impact on other public sector services and the Leader stressed that this should be borne in mind when working with public sector partners. The Government had stated that whilst there would be cuts, it would also be providing local authorities with the freedom to use their budgets according to their priorities.

The Leader referred to the abolition of the Regional Development Agency, the South West Regional Assembly and the privatisation of Job Centre Plus. She also referred to the abolition of the Regional Spatial Strategy, potential implications of the Localism Bill and proposals for directly elected Police Commissioners.

It was noted that the Strategic Health Authority would be abolished by 2012.

The Leader referred to the White Paper, Equity and excellence: Liberating the NHS which set out the Government's long-term vision for the future of the NHS. This was likely to include the remits of Primary Care Trusts being redirected to local authorities, GP consortia managing commissioning services and a new health watchdog. The Health Scrutiny function would be replaced by a Health Board.

The Leader explained that a briefing session for all Councillors would be arranged following the August recess once there was more clarification on the future direction of local government. 

The Leader responded to questions and Councillors thanked the Leader for the important and informative update.

(ii)                           Wiltshire Delivers Big Society

The Leader referred to the Government’s announced intentions on the ‘Big Society’. She explained  ...  view the full minutes text for item 50.

The Chairmen of the Overview and Scrutiny Select Committees to update Council on any major activities within their respective Committees.

The Chairmen of the Overview and Scrutiny Select Committees were invited to update Council on major activities within their respective Select Committees.

Environment Select Committee

Cllr Mollie Groom updated Council on her Committee’s consideration of the following matters:

·                    The Committee last met on 6 July and focused on the developments taking place in the Council concerning climate change. The Committee was fully supportive of the work being undertaken by the Climate Change Team and would be considering the draft strategy at its next meeting together with the work being undertaken towards carbon trading.

Health and Adult Social Care Select committee

Cllr Mike Hewitt updated Council on his Committee’s consideration of the

following matters:

·                    The Committee last met on 8 July and the next meeting would be held on 9 September.

·                    The potential changes arising from the Coalition Government’s programme had important implications for the way in which Health and Adult Social Care Services would be provided to Wiltshire residents.  At the last meeting, a Task group was established to consider the impact of these changes, although its timing and scope was heavily dependant on the contents of the NHS White paper which was due on 12 July. 

·                    The Committee’s forward work programme would need to be flexible in light of this, and some previously allocated items may have to slip. However, at the July Committee it was agreed that Task Groups would be initiated to look at:

1.                  Coalition Government – Implications for NHS and Adult social care in delivering services for Wiltshire Residents.

2.                  Dementia (and possibly wider Adult Mental Health issues).

3.                  Closer engagement with local NHS Trusts to gain deeper insight for commenting on Quality Accounts, and CQC ad hoc reporting.

Overview and Scrutiny Organisation and Resources Select Committee

Cllr Jeff Osborn updated Council on his Committee’s consideration of the

following matters:

·                    The Committee last met on 27 May and would next meet on 15 July.

·                    The Committee would be considering the Department of Resources Departmental Delivery Plan which would outline the ambitions and objectives for the Department in support of the Corporate Plan.

·                    A number of work areas identified within the Plan had already been considered at either Committee or Task Group level or would form part of the forward work programme such as Workplace Transformation, SAP development, future ICT provision and member support.

·                    The Delivery Plan would tie up the various strands of work with the Department of Resources and would therefore be a useful reference document for the Committee. A further key document would be the Business Plan which was currently being developed.

Children’s Services Select Committee

Cllr Carole Soden updated Council on the Committee’s consideration of the following matters:

·                    The Children’s Services Select Committee had met once since the last Council meeting in May.

·                    The Committee was monitoring closely the new Coalition Government’s plans for education and children’s services and these would undoubtedly form part of the Committee’s forward work programme.

·                    On 22nd July, Children’s Services Select Committee will receive the results of  ...  view the full minutes text for item 51.

(a)      The Chairman will move that Council receives and notes the minutes of Cabinet and the various Committees of the Council and adopt the recommendations as listed in the Minutes Book enclosed separately. 

(b)       Chairmen of Committees other than Cabinet and Scrutiny Select Committees will be given a brief opportunity to make any important announcements concerning the work of their respective committees.  Cabinet and Scrutiny Select Committees in this respect are dealt with under items 8 and 9 respectively. 

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

The Chairman moved that Council receives and notes the minutes as listed in the separate Minutes Book and this was duly seconded by the Vice-Chairman.

 Cabinet                                                                                 24/05/10, 22/06/10

Children's Services Select Committee                              08/06/10

Environment Select Committee                                          11/05/10

Health and Adult Social Care Select Committee              20/05/10

Organisation and Resources Select Committee              27/05/10

Officer Appointments Committee                                       11/06/10

Standards Committee                                                          19/05/10

Staffing Policy Committee                                                   19/05/10

Wiltshire Pension Fund Committee                                    13/05/10

Licensing Committee                                                           26/05/10

Strategic Planning Committee                                            12/05/10

Audit Committee                                                                   30/06/10

Northern Area Planning Committee                                    19/05/10, 09/06/10, 30/06/10

Eastern Area Planning Committee                         10/06/10, 01/07/10

Southern Area Planning Committee                                   13/05/10, 03/06/10, 24/06/10

Western Area Planning Committee                                    12/05/10, 02/06/10, 23/06/10

The Chairman drew Council’s attention to recommendations to Council from the Staffing Policy Committee in respect of adoption of the Code of Conduct for Officers and from the Licensing Committee in respect of the licensing of Sex Establishment Policy.

 Resolved:

(a)               That the above mentioned minutes be received and noted.

(b)              That Council adopt the following recommendations:

(i)                 Recommendation of the Staffing Policy Committee dated 19 May 2010 (minute no. 19 refers):

That Council approve the Code of Conduct for Officers as amended and to update the Council’s Constitution accordingly.

(ii)               Recommendation of the Licensing Committee dated 26 May 2010 (minute no 7 refers):

To adopt the amendment to the Local Government (Miscellaneous Provisions) Act 1982 Schedule 3 by Section 27 of the Policing and Crime Act 2009. This introduces a Licensing regime for “sexual entertainment venues” such as lap dancing.

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

Cabinet – 22 June 2010 – Minute No. 110 – Housing PFI – Agreement to enter into contract

Cllr Ricky Rogers asked whether the PFI scheme had escaped the cuts in local government funding.

Cllr John Brady explained that the PFI Board had met on 12 July 2010. A further meeting would be held on 14 July in London. It was reassuring to know that that at this stage, the scheme had the support of the Housing Minister but would need to be assessed by an independent board and that the Council had complied with all requirements. He was concerned that given the level of cuts being considered, the Government could choose to abandon the scheme. He would however, keep Councillors informed.

Licensing Training

Cllr Bill Moss, Chairman of the Licensing Committee reminded Councillors  that licensing training for all Councillors had been arranged for 24 September 2010 from 9.30am to 12.30pm.

Strategic Planning Committee – 21 July 2010

Cllr Andrew Davis, Chairman of the Strategic Planning Committee confirmed that the application at Land at Langley Park, Chippenham had been withdrawn. The meeting would still take place but at County Hall rather than at Monkton Park, Chippenham.

Northern Area Planning Committee – 19 May 2010 –  Minute No. 54-

Appeal Decision

Reference was made to the  ...  view the full minutes text for item 52.

To receive and note:

The minutes of the Wiltshire Police Authority meeting held on 10 June 2010 and report of the Police Authority were received and noted. No questions on these documents had been received from Councillors.

To receive and note the minutes of the Wiltshire and Swindon Fire Authority meeting held on 26 May 2010.

Please note the documents referred to in items 11 (a) and (b) and 12 above were previously circulated to Councillors to provide an opportunity to submit any questions within the above mentioned timescale. The documents are also circulated with this agenda for ease of reference.

The minutes of the Wiltshire and Swindon Fire Authority meeting held on 26 May 2010 were received and noted.

Cllr Peter Colmer sought an update on the future of the Cricklade Fire Cadets following the withdrawal of funding from the Wiltshire Fire Authority.

At this point, the Chairman declared a personal interest in this item as Chairman of the Wiltshire and Swindon Fire Authority.

The Chairman explained that unfortunately, the Fire Authority was also subject to public spending cuts, which is why it had had to examine all its expenditure. However, in view of the representations made, it had been agreed to continue the Cricklade Cadet Force until at least the end of August 2010. There was potential for the local Area Board to provide some funding and the Cadets were also considering funding initiatives.

With the Chairman’s permission, Mrs Isabel McCord, Chairman of Wiltshire Council’s Standards Committee will present the Annual Report of the Standards Committee for the period 2009/10.

At the invitation of the Chairman, Mrs Isabel McCord, Chairman of Wiltshire Council’s Standards Committee presented the Annual Report of the Standards Committee for the period 2009/10 for Council’s information.

Resolved

To note the Annual Report.

MEETING ADJOURNED

At this point 1.15pm, the meeting adjourned for lunch and reconvened at 1.55pm

The Chairman reported receipt of the following notice of motion moved

by Cllr Jeff Osborn and seconded by Cllr Helen Osborn:

‘This Council views with alarm moves to encourage Wiltshire primary and secondary schools to opt out of their formal relationship with this local education authority (LEA). 

The outcome of such a move is likely to result in a “creaming off” of well performing schools, leaving the LEA with a greater proportion of underperforming schools.  Also it is unclear as to whether these

opted out schools will take full responsibility for Special Educational Needs pupils.

A further consequence will be that the LEA will lose its critical mass to provide the full range of viable support services.

Already in this current year Wiltshire Council’s Children Services is to have its budget cut by £2.1 million.  Added to this is the certainty that Wiltshire Council funds from central government will be cut by at least 25% over the next four years.  This must severely impact on local – non opted out – educational provision.

Also it seems that much of the funding for these opted out schools – Academies and Free Schools – will come from the curtailing of the

Building Schools for the Future programme.  This, in turn, will mean that few, if any, remaining LEA schools will be rebuilt.

This Council therefore resolves to:

communicate the consequences of the opting out of Academies and Free Schools to the people of Wiltshire so that they can better understand what is going on’.

Cllr Jeff Osborn spoke to his motion. He explained his concern that the opting out arrangements could lead to an erosion of local authority education and a two tier education system with local authority schools being stigmatised as ‘Council schools’ and that this would also widen the achievement gap.

The Chairman moved that the motion be debated and this was duly seconded

by the Vice-Chairman  and it was

Resolved:

That notice of motion no.11 be debated.

The Chairman called on Cllr Grundy to open the debate as the Cabinet member for Children’s Services before inviting Group Leaders and then opening the debate to other Councillors.

Cllr Grundy did not support the motion. He explained that the Academy Bill was still progressing and it was too early to give a view on what the consequences would be.

A discussion ensued, during which arguments were made for and against the motion. After careful consideration, it was

Resolved:

That motion no. 11 as detailed above be NOT adopted.

The Chairman reported receipt of the following notice of motion moved and

by Cllr Jon Hubbard and seconded by Cllr Peter Colmer:

‘That:

Council notes:
The new Government's commitment for much needed political reform and the restoration of our civil liberties.

Council welcomes:
The proposal to bring in a proportionally elected second chamber ensuring that all Wiltshire residents have a full and proper say in who represents them;
Proposals to regulate party funding increasing transparency to Wiltshire residents of how their political parties operate;
The proposal to hold a referendum to give people a chance to vote to end First Past the Post elections for Local Authorities, such as Wiltshire Council, and the House of Commons;

Council also welcomes the introduction of the Freedom Bill, which will enhance the lives of Wiltshire residents by:
Scrapping the illiberal ID cards scheme;
Bringing to an end to the fingerprinting of children in schools without their parent’s consent;
Introducing better regulation of CCTV cameras;
Placing significant restrictions on the DNA database;
and restoring the right to protest.

Council resolves to write to Wiltshire's MPs asking for their support in Parliament when these bills are heard
To write to the Deputy Prime Minister giving this council’s support to the proposed bills’.

Cllr Jon Hubbard spoke to his motion. He explained that quite dramatic changes on how democracy would be reflected and urged support for the Bill by supporting his motion.

The Chairman moved that the motion be debated and this was duly seconded

by the Vice-Chairman  and it was

Resolved:

That notice of motion no.12 be debated

The Chairman called on the Leader to open the debate before inviting other Group Leaders and then opening the debate to other Councillors.

The Leader explained that whilst there was no doubt that this Council would wish to support much of what was currently in the Bill, it was too early to make a judgement. She also considered that national issues should be dealt with nationally and through lobbying of members of Parliament. For those reasons, she considered that the motion should not be supported at this time and that Council should await further information as the Bill progresses.

After careful consideration, it was

Resolved:

That motion no. 12 as detailed above be NOT adopted.

Report by the Joint Director of Public Health which includes a recommendation from the Warminster Area Board.

Declaration of Interest

Cllr Andrew Davis declared a personal interest in this item as a dual hatted member also on Warminster Town Council.

Cllr Keith Humphries, Cabinet member for Health and Wellbeing presented a report on a recommendation from the Warminster Area Board to make a Designated Public Place Order (DPPO) in respect of a prescribed area of Warminster as indicated on the plan presented.

He explained that a DPPO gave the Police the power to ask persons who were behaving or likely to behave in an alcohol induced anti-social manner within the area, to stop drinking and hand over any alcohol in their possession.  Refusal is an offence, which may result in arrest and a fine.

On the basis of the Area Board report and the consultation findings, which had found in favour of the Order, Cllr Keith Humphries proposed that the DPPO be made. He also recommended that in future such determinations be delegated to the Licensing Committee. 

Resolved

(a)                 That Wiltshire Council makes a Designated Public Place Order under S.13 of the Criminal Justice and Police Act 2001 in respect of the land described in the attached map in the town of Warminster.

(b)       That Council pursuant to S.7(3) of the Licensing Act 2003 resolves to delegate the power to make a Designated Public Places Order under S.13(2) of the Criminal Justice and Police Act 2001, to the Council’s Licensing Committee, considering that the power to make such an Order sufficiently relates to matters already referred to that Committee under S.7(1) of the Licensing Act 2003.

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

Following requests made by Cllr Jon Hubbard (Liberal Democrat group) and Cllr Christopher Newbury (Independent group), it was

Resolved

To approve the following changes to committee membership:

Officer Appointments Committee
To replace Cllr Trevor Carbin with Cllr Jon Hubbard with Cllr Peter Colmer as substitute.

Health and Adult Social Care Committee
To replace Cllr Peter Colmer with Cllr Judy Rooke.
To replace Cllr Jon Hubbard as substitute with Peter Colmer.

Strategic Planning Committee
To replace Cllr Steve Petty as substitute with Cllr Peter Colmer.

Eastern Area Planning Committee

That Cllr Francis Morland be appointed as substitute member.