Agenda and minutes

Council - Tuesday 10 May 2016 10.30 am

Venue: Council Chamber - County Hall, Bythesea Road, Trowbridge, BA14 8JN. View directions

Contact: Yamina Rhouati  Email: Yamina.Rhouati@wiltshire.gov.uk

Items
No. Item

24.

Election of Chairman 2016/17

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

 

Minutes:

The Chairman, Councillor Richard Britton, welcomed all those present to the meeting. The Chairman sought nominations for the position of Chairman of Council for 2016/17. Councillor Richard Britton was proposed by Councillor Alan Macrae and seconded by  Councillor Mary Douglas. Given that a member could not preside over their own election,  Councillor Britton left the chamber.

 

Vice-Chairman, Councillor Alison Bucknell, in the Chair

 

The Vice-Chairman, Councillor Allison Bucknell called for any other nominations for the position of Chairman of Council for 2016/17.

 

There being no nominations it was

 

Resolved:

 

That Councillor Richard Britton be elected Chairman of Wiltshire Council for the municipal year 2016/17.

 

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

 

Councillor Richard Britton in the Chair

25.

Election of Vice-Chairman 2016/17

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

 

Minutes:

The Chairman called for nominations for the position of Vice-Chairman of Council for 2016/17.

 

Councillor Allison Bucknell was proposed by Councillor Dick Tonge and seconded by Councillor John Smale. There being no other nominations, it was

 

Resolved:

 

That Councillor Alison Bucknell be elected Vice-Chairman of Wiltshire Council for the municipal year 2016/17.

 

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

26.

Apologies

Minutes:

Apologies for absence were received from Councillors Helen Osborn, Howard Greenman, Mary Champion, Graham Wright, Fred Westmoreland and George Jeans.

27.

Declarations of Interest

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

 

Minutes:

The Chairman asked if there were any declarations of interest to be made, drawing the meeting’s attention to the previously circulated advice of the Monitoring Officer in relation to consideration of the Draft Chippenham Site Allocations Plan.

 

The following members declared that whilst they had personally signed the Bus Petition subject to debate at the meeting, they did not feel that it prejudiced them: Trevor Carbin, Jamie Capp, Brian Dalton, Peter Edge and Ian West.

 

Councillor Jon Hubbard stated that he had received a communication from Town and County Planners, for whom his brother-in-law worked. The communication was in relation to the Draft Chippenham Site Allocations Plan. To the best of his knowledge his brother-in-law had not worked directly on that matter and he did not feel this would prejudice him and he stated that he would consider the matter with an open mind.

28.

Minutes of Previous Meeting

To approve as a correct record and sign the minutes of the last meeting of Council held on 23 February 2016.

 

Supporting documents:

Minutes:

The minutes of the Meeting held on 23 February 2016 were presented.

 

Resolved:

 

That the minutes of the last Council meeting held on 23 February 2016be approved as a correct record and signed by the Chairman.

29.

Announcements by the Chairman

Minutes:

The Chairman drew the meetings attention to the arrangements for the day’s meeting, specifically referencing fire safety and that the meeting was being recorded for live webcast.

 

The Chairman stated that details of his, and the Vice-Chairman’s activities since the last meeting would be available via his blog:

http://wiltshirecouncilchair.blogspot.co.uk/

 

These, in summary, included:

 

·         The Young Voice of Trowbridge public speaking competition

·         Agaes Salisbury Arts Festival launch

·         Opening of children’s play area, Landford and the Service for the Rule of Law, Salisbury Cathedral

·         The Bem Ceremony, Bowood House

·         The declaration of the New High Sheriff

·         Warminster Civic Service

·         Visit of HRH the Earl of Wessex to Sea Cadets as part of the Diamond Tour, Duke Of Edinburgh Award Scheme

·         Visit of HRH Princess Alexandra to officially open Avonbourne Care Centre, Old Sarum

·         Celebration of the conservation of the Stonehenge Landscape and the awarding of an EU Prize for Cultural Heritage/Europa Nostra Award 2015

·         Cycle Wiltshire Event, Salisbury

 

The Chairman did make the following detailed announcements at the meeting:

 

New Wiltshire Councillor

 

The Chairman welcomed Councillor Jamie Capp to this, his first meeting of Council following his election as Councillor for the Amesbury East Division following a by-election held on 5 May 2016.

 

HM Queen’s 90th Birthday

The Chairman announced that he had written, on behalf of the Councillors and Officers of Wiltshire Council, to extend congratulations and best wishes to Her Majesty the Queen on her 90th birthday and thanking her for her dedication and commitment to the nation.

 

Death of Councillor Jeff Osborn

 

This being the first meeting of full Council since Councillor Jeff Osborn had sadly died on 1 April, the Chairman took the opportunity to pay tribute to Councillor Osborn’s vast contribution to the Council since his election in 2001. The Chairman referred to Councillor Osborn’s various roles and activities on the Council including his work on scrutiny, having at one stage, chaired the Overview and Scrutiny Management Committee, his leading role on health matters including more recently, the Hopper campaign, his role as a hard working back bench member who worked tirelessly for his Division. The Chairman also referred to Councillor Osborn’s interests outside of the Council which reflected the great man he was. 

 

At the Chairman’s invitation, Mrs Rachael Fletcher, one of Councillor Jeff Osborn’s daughters and her son, Barnabus attended the meeting to hear first-hand the tributes made by members.

 

The Leader, Group Leaders and several other members paid tribute to Councillor Osborn, sharing their experiences of working with him over the years with some having served alongside him at the former West Wiltshire District Council. The key theme was how hard Councillor Osborn had worked, how passionately he fought for what he believed in, that he was a hard act to follow and that he would be greatly missed.

 

The Chairman asked the meeting to join him in a moment of quiet reflection and thanksgiving. He then presented Mrs Fletcher with a Book of Condolence and asked her to pass on  ...  view the full minutes text for item 29.

30.

Public Participation

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 3 May 2016. 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.

 

 

 

Supporting documents:

Minutes:

The Chairman drew the meeting’s attention to the question received from Councillor Glyn Bridges of Trowbridge Town Council, and answers circulated in the agenda supplement. The Chairman gave Councillor Bridges an opportunity to ask a supplementary question.

 

Councillor Bridges reiterated his concerns that historic street furniture was not being adequately protected, and asked that the Council give due consideration to a recent audit of historic street furniture in the town.

 

The Cabinet Member for Highways, Councillor Philip Whitehead, stated that he did not have anything further to add to his written reply.

 

The Chairman explained that questions and statement made in relation to the Draft Chippenham Site Allocations Plan would be taken immediately prior to the consideration of that item.

31.

Petitions Received

To receive the following petition received for presentation to this meeting which meets the threshold for a Council debate.

 

‘Stop Bus Cuts’ – Salisbury Journal

 

 

Supporting documents:

Minutes:

The Chairman reported receipt of a petition for presentation to the meeting, details of which were presented. The petition called on this Council to ‘end its plans to axe dozens of bus services…’ The Chairman announced that, as the petition had passed the threshold number of signatories for a council debate, he intended to hold the debate on the petition at this meeting.

 

Prior to the debate, The Chairman invited Mr Bill Brown of the Salisbury Journal to present the petition. In his presentation Mr Brown emphasised the concern amongst the residents of the Salisbury and surrounding areas about the potential threat to bus services, and gave examples of how vital services were to vulnerable residents.

 

In his response to the petition, the Cabinet Member for Highways and Transport, Councillor Philip Whitehead expressed his disappointment at the approach taken by the Salisbury Journal which he considered had created unnecessary anxiety amongst residents. He reiterated that there would be no cuts to the subsidised services in 2016/17; that the purpose of the consultation was to better understand the impact of any proposals, and that he wanted to use this evidence to plan a sustainable service.

 

The Leader of the Council, Baroness Scott of Bybrook OBE added that the misreporting of the consultation had increased anxiety unduly.

 

The Leader of the Liberal Democrat Group, Councillor Glenis Ansell, considered that the administration should do all it could to encourage people to respond to the formal consultation.

 

The Leader of the Independent Group, Councillor Ernie Clark, stated that questions should be framed carefully to ensure proper consultation.

 

The Leader of the Labour Group, Councillor Ricky Rogers implored the administration to take note of the widely held concerns of the public.

 

The Chairman then opened up the matter for debate in which a number of Councillors spoke in relation to the petition. Issues raised included how the consultation had been represented in the press; that local groups, such as the 24-7 group, should be engaged with; that some unsubsidised services had already been stopped by commercial companies; urging the Cabinet to consider the economic impact of potential changes; the impact of the ageing population on demand; the relative number of services that were subsidised by the council compared to other comparable councils; and how the consultation was being undertaken, including surveys and roadshows.

 

The Chairman proposed, subsequently seconded by the Vice-Chairman, that the petition be received; that Council note the contents of the petition; and that Council note the ongoing work of the Cabinet in this matter

 

Upon being put to the vote, it was,

 

Resolved

 

  1. that the petition be received;
  2. that Council notes the comments of the petition; and
  3. that Council note the ongoing work of the Cabinet in this matter.

32.

Petitions Update

Report of the Democratic Governance Manager.

 

Supporting documents:

Minutes:

A report by the Democratic Governance Manager was presented which gave Council details of the three 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.

33.

Annual Report of the Corporate Parenting Panel 2015/16

To receive the Annual Report of the Corporate Parenting Panel for 2015/16

 

This will include a brief presentation from a foster carer

Supporting documents:

Minutes:

At the Chairman’s invitation, Councillor Laura Mayes, Cabinet Member for Children’s Services, introduced this item. She explained that the role of the Corporate Parenting Panel was to secure Councillor involvement and commitment throughout the Council to deliver better outcomes for children and young people who were looked after. All Councillors were reminded of their responsibilities as a “corporate parent” for children and young people who were looked after in Wiltshire. She also emphasised the clear set of strategic priorities which had been agreed following a recent Ofsted inspection, targeting the key areas in which improvements were required; these included ambitious targets to recruit additional foster carers and return children to Wiltshire placements, achieving legal permanence more quickly for children in long-term care and ensuring our Care Leavers had better access to appropriate housing, education and employment opportunities.

 

A presentation was made by Mrs Ali Forbes-Keith regarding her work as a foster carer. She encouraged Councillors to promote fostering within the county and to encourage people to consider becoming foster parents emphasising how rewarding an experience it was to make such a positive difference to a young person’s life

 

The Chair added his thanks for the excellent presentation.

 

Resolved:

 

To receive and note the Annual Report of the Corporate Parenting Panel and ratify the improvements required to strengthen Corporate Parenting in Wiltshire.

34.

Draft Chippenham Site Allocations Plan: Update

Report by Dr Carlton Brand, Corporate Director

 

Supporting documents:

Minutes:

Before calling on the Cabinet Member for Planning, Councillor Toby Sturgis, to present the item, the Chairman drew the meeting’s attention to the questions received from members of the public and Councillor Caswill and gave questioners an opportunity to ask supplementary questions.

 

Councillor Sturgis stated, in response to a question from Marilyn Mackay, that should the recommendations in the report be approved he would consider her proposals to make minor amendments to the text to bring clarity about the country parks.

 

Councillor Sturgis stated, in response to a question from Helen Stuckey, that he noted he issues raised in relation to traffic and transport; and stated that the contribution expected towards transport infrastructure identified was reasonable.

 

Mr Ian James made a statement relating to the item, welcoming the modified plan, and asked that brownfield development be prioritised.

 

Mr Malcolm Toogood stated that he had not had a reply to a previously submitted question to Cabinet and made reference to other questions on air quality recently submitted and need to challenge evidence from developers.

 

Councillor Toby Sturgis, Cabinet member for Planning  proposed, subsequently seconded by Councillor Fleur De Rhé-Philipe, the recommendations as set out in Report presented, incorporating amendments set out in the Addendum to Appendix 3 circulated in Agenda Supplement Two. In presenting his proposal, Councillor Sturgis highlighted the Proposed Modifications  to the Plan following further assessment of evidence.

 

The Chairman then invited comments from Group Leaders before opening up the item to wider debate.

 

The Baroness Scott of Bybrook, OBE, stated that she recognised the differences in public opinion on the matter, but hoped that now a pragmatic solution had been reached it could be implemented promptly to provide new jobs and housing.

 

Councillor Glenis Ansell expressed continuing concern regarding the impact of the proposals on air quality and that she would be seeking further reassurances on the matter. She stated that she hoped the Inspector would approve the plan as the absence of a five year land supply had had a negative impact on other towns within the housing market area.

 

Councillor Ernie Clark emphasised concerns regarding the five year land supply.

 

Councillor Ricky Rogers stated he would be interested to hear the views of the local members.

 

Councillor Christine Crisp stated that she was happy to see some of the revisions to the plan and thanked those involved for their hardwork in providing evidence to the review.

 

Councillor Jon Hubbard emphasised the impact of the delay on the increase in speculative developments in other areas, owing to the absence of a five year land supply. Reflecting his concerns over the handling of the Plan, Councillor Hubbard moved an amendment, duly seconded by Councillor Ian West as follows:

 

To insert a new paragraph (i) to read as follows

 

‘Following the repeated failures of the Cabinet member responsible for Strategic Planning, Development Management, Strategic Housing, Operational Property and Waste to deliver on this Plan and to protect the five year supply of housing for the  ...  view the full minutes text for item 34.

35.

Notices of Motion

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:

 

Supporting documents:

Minutes:

The meeting considered the following motions:

35a)

Notice of Motion No. 31 - The Forced Academisation of Wiltshire Schools - Councillors Jon Hubbard and Glenis Ansell

To consider the motion together with the officer response.

 

Supporting documents:

Minutes:

The Chairman reported receipt of the following motion from Councillors Jon Hubbard and Glenis Ansell.  The Chairman referred members to the officer response to assist Council in its consideration of the motion.

 

“Central Government have announced plans to force every school in Wiltshire to be forced to convert to an Academy, even if the headteacher, governors and parents would prefer the school to remain within the Local Authority Family.

 

These forced changes to how schools are run have been condemned by teachers, parents and politicians alike – the Conservative chair of the influential 1922 committee in Parliament recently commented that the plans could lead to the creation of “new and distant bureaucracies” rather than delivering greater freedom and autonomy for schools.

 

Wiltshire Council has estimated that the average cost for converting each school in the County to an academy is £10,500. These costs include legal fees, accountancy, staffing issues and other costs such as changes to estate management.

 

Figures recently released by the Department for Education also confirmed that the average cost per school to central government for the conversion of a school from Local Authority control to being an Academy was just under £66,000.

 

The Secretary for State for Education has also confirmed that it is her intention to scrap the position of ‘Parent Governors’*** as part of her reforms to England’s schools.

 

Council Notes:

 

So far in Wiltshire 71 schools have converted to academies; indicating that an estimated £4,815,000 has been spent by central government on converting the schools and potentially a cost of £766,500 to Wiltshire Council.

 

With 165 schools still to convert this would mean an additional cost to Central Government of almost £11m and a bill for Wiltshire Council of over £1.7m.

 

Council Believes:

 

The estimated £12.5m that will be spent forcing the remaining schools in Wiltshire to convert to academies would be better invested in delivering local services for residents in the county and providing additional resources for schools in our communities.

 

That Schools in Wiltshire would be worse off without the insight and local knowledge brought to the County’s Schools Boards of Governors by parents and local residents.

 

Council Calls On:

 

Wiltshire’s MPs and Peers to actively lobby in Parliament to protect Wiltshire’s schools from unnecessary and unwanted reform being forced on them and for Wiltshire to instead be given the estimated remaining £12.5m of funding for a fairer funding for Wiltshire Schools or for investment in our communities.

 

Officers at all levels to ensure that this Councils opposition to forced academisation to be reflected in any consultation responses submitted by the council”.

 

, Councillor Jon Hubbard acknowledged that, since the submission of his motion there had been a change in government policy on this issue. The programme of immediately forcing schools to convert to academies had been withdrawn, although the Government would continue to encourage the academisation of schools. This would still have an impact on Wiltshire schools including a cost of approximately £76,500 per school conversion.

 

Councillor Hubbard suggested that  ...  view the full minutes text for item 35a)

35b)

Notice of Motion No. 32 - Community Youth Officers - Councillors Glenis Ansell and Gordon King

To consider the motion together with the officer response.

 

Supporting documents:

Minutes:

The Chairman reported receipt of the above mentioned motion from Councillors Glenis Ansell and Gordon King. Accordingly, Councillor Glenis Ansell moved the following motion which was duly seconded by Councillor Gordon King:

 

“This council regrets that the decision to abolish the Community Youth Officer post was made outside the normal decision making process thereby denying elected representatives their usual opportunity of scrutinising an executive decision”.

 

In moving her motion, Councillor Glenis Ansell explained that she did not consider that due process had been followed, and that it should have been debated by Councillors or engaged Scrutiny. She expressed concern that the decision to reduce the number of Community Youth Officer (CYO) posts would impact on the ability of the youth service to meet the needs of those that needed help the most. She considered that the application of the new model was different from that which was promised. She referred to the separate petitions lodged with the Council which in themselves should have triggered the decision being taken with full due process. She considered that the number of young people per CYO was at unmanageable ratios to be able to offer the assistance and support required.

The Chairman invited Councillor Laura Mayes, Cabinet Member for Children’s Services, to respond to the motion. Councillor Mayes explained that the decision had been taken correctly as an operational decision at officer level having regard to the financial pressures on the Council as part of the day to day management of the Council.  Councillor Mayes confirmed that the new model service was reaching far more young people than it would have been possible with the old service.  She confirmed that the Council was preserving support for the most vulnerable and in early help work.

 

The Chairman then proposed, subsequently seconded by Councillor Bucknell that the motion be debated and on being put to the vote, it was;

 

Resolved:

 

That the motion be debated.

 

The Chairman invited Group Leaders to comment before opening the matter up for wider debate.

 

Councillor Ricky Rogers expressed sympathy for the motion. Whilst he understood the financial pressures facing the service, he expressed concern that the reduction in officers would render the new model for youth services inoperable and would not allow capacity to work with voluntary groups.

 

Councillor Simon Killane stated that he had written to the Cabinet Member with his concerns and accepted that it was a service decision but that it was one that could impact on the deliverability of the policy.

 

Councillor Jon Hubbard expressed surprise that the decision, given its impact, had not been subject to consultation with Councillors and affected parties such as service users, staff, Area Boards and found it abhorrent that they had not been consulted. He considered that the change was badly timed given that the Children’s Select Committee task group had not yet completed the review of the new model.

 

Councillor Chris Devine considered that the service model appeared to be working well in his division. The Council had  ...  view the full minutes text for item 35b)

36.

Review of Allocation of Seats on Committees to Political Groups and Appointment of Committees

Supporting documents:

36a)

Appointment of Committees and Review of Allocation of Seats on Committees to Political Groups

36b)

Appointment of Councillors to Committees

36c)

Appointment of Chairmen and Vice-Chairman of Committees

37.

Appointments to the Wiltshire and Swindon Fire Authority and Dorset and Wiltshire Fire Authority

Minutes:

The Chairman referred Council to the various items on the agenda on appointments – numbered 12 (a), (b) and (c), and 13, reports on which were presented.  He explained that unless anyone had any comments to make on the individual items, he intended to take them together.  The Chairman noted that Group Leaders had been consulted on the principles of what was being proposed.

 

In relation to item 12 (a) – Appointment of Committees, the Chairman reminded Councillors on the Pewsey and Tidworth Area Committee that they had been convened to meet on the rising of this meeting in order to elect its chairman and vice-chairman and establish the Pewsey Area Board and Tidworth Area Board. It was noted that all Area Boards would be asked to elect their respective chairmen and vice-chairmen at their first meeting in accordance with the arrangements set out in the constitution.

 

The Deputy Leader moved a composite motion as circulated in respect of the appointments noting a correction in the member proposed as vice-chairman of Standards Committee being Councillor Paul Oatway and this was duly seconded.

 

On being put to the vote, the Deputy Leader’s motion was CARRIED and it was;

 

Resolved:

 

(a)      To note this report and the legal requirements.

(b)     To re-appoint the following committees with the terms of reference as set out in the Constitution:-

·       Appeals Committee

·       Area Planning Committees: Eastern, Northern, Southern and

·       Western

·       Audit Committee

·       Children’s Select Committee

·       Environment Select Committee

·       Health Select Committee

·       Health and Wellbeing Board

·       Licensing Committee

·       Officer Appointments

·       Overview and Scrutiny Management Committee

·       Pension Fund Committee

·       Police and Crime Panel

·       Staffing Policy Committee

·       Standards Committee

·       Strategic Planning Committee

 

(c)            To appoint those Area Boards, constituted as area committees as set out in paragraphs 12 to 14 and Appendix 1 of the report presented and within the Constitution, to comprise the Unitary Councillors for that area (updated to include newly elected members).

(d)    To approve the aggregate number of committee places available to members of the Council being 174 and the number on each committee as follows:-


 

 

Committee

TotalNumberofPlacesforElectedMembers

ConservativeGroupAllocation

 

 

( 61 seats)

LiberalDemocratGroupAllocation

 

(21seats)

LabourGroupAllocation

 

 

 

(4 seats)

IndependentGroupAllocation

 

 

(10seats)

UKIP

 

 

 

 

(1 seat)

StrategicPlanning

11

7

3

-

1

-

AreaPlanning

 

 

 

11

 

 

 

8

 

 

 

2

 

 

 

-

 

 

 

1

 

 

 

-

Committees

North

South

11

6

2

2

1

-

East

8

7

-

-

1

-

West

11

7

2

-

2

-

 

Licensing

 

12

 

8

 

2

 

-

 

2

 

-

OverviewandScrutinyManagement

 

15

 

8

 

4

 

1

 

2

 

-

 

Children’sSelect

 

13

 

8

 

3

 

1

 

1

 

-

 

EnvironmentSelect

 

13

 

7

 

4

 

1

 

1

 

-

 

HealthSelect

 

13

 

7

 

3

 

1

 

2

 

-

 

Standards

 

11

 

7

 

3

 

-

 

1

 

-

PoliceandCrime Panel

7

4

2

-

1

-

 

Audit

 

11

 

7

 

2

 

-

 

1

 

1

Appeals

8

5

1

1

1

 

-

StaffingPolicy

9

5

2

-

1

1

OfficerAppointments

5

3

1  ...  view the full minutes text for item 37.

38.

Proposed Changes to the Constitution

Report by Ian Gibbons, Associate Director – Law and Governance and Monitoring Officer

 

 

 

Supporting documents:

Minutes:

The Chairman invited Councillor Julian Johnson, Chairman of the Standards Committee, to present the report which asked Council to consider recommendations of the Standards Committee on Changes to the Constitution on the following matters:

 

a) Part 13: Members Code of Conduct (Appendix 2)

b) Part 12: Roles and Responsibility for Councillors (Appendix 3)

c) Part 4: Council Rules of Procedure (Appendix 4)

 

Councillor Johnson then proposed, subsequently seconded by Councillor Paul Oatway, the following resolution:

 

That Council approves changes to the Code of Conduct in Part 13 of the

Constitution, as shown in the tracked change document at Appendix 2a.

 

In relation to a) Part 13: Members Code of Conduct (Appendix 2),

the Cabinet Member for Legal Services, Councillor Stuart Wheeler, proposed the following amendment:

 

That Council defers consideration of the proposed changes to the Constitution as set out in Paragraph 12 relating to the Code of Conduct for Members and asks the Standards Committee to consider a possible alternative to the amendments proposed being a full guidance prepared by the Monitoring Officer for Councillors to assist them in meeting their obligations under the Council’s Code of Conduct.  That Standards Committee be requested to bring back to the next meeting of this Council their full recommendations on this issue.

 

Councillor Wheeler made it clear that the Standards Committee would be free to recommend to Council whatever it considered appropriate.

Councillor Johnson, and Councillor Oatway, indicated that they accepted the amendment.

 

The Chairman then invited the Group Leaders to address the matter. Following this, Councillor Simon Killane stated that he would be seeking to submit evidence to the Standards Committee in relation to his concerns over the code of conduct complaints process.

 

There being no further debate, the meeting;

 

Resolved

 

To accept the amendment

 

Councillor Johnson then proposed, subsequently the remaining recommendations from the report.

 

There being no further debate, the meeting;

 

Resolved

 

(a)  That in relation to Part 13: Members Code of Conduct (Appendix 2) - that Council defers consideration of the proposed changes to the Constitution as set out in Paragraph 12 relating to the Code of Conduct for Members and asks the Standards Committee to consider a possible alternative to the amendments proposed being a full guidance prepared by the Monitoring Officer for Councillors to assist them in meeting their obligations under the Council’s Code of Conduct.  That Standards Committee be requested to bring back to the next meeting of this Council their full recommendations on this issue.

 

(b)  That Council approve changes to Part 12 of the Constitution, as shown in the tracked change document at Appendix 3a.

 

(c)  That Council approve changes to Part 4 of the Constitution, as shown in the tracked change document at Appendix 4a.

39.

Annual Report of the Overview and Scrutiny Management Committee 2015/16

Councillor Simon Killane, Chairman of the Overview and Scrutiny Management Committee will present the Annual Report of the Committee for 2015/16.

 

 

Supporting documents:

Minutes:

Councillor Simon Killane, Chairman of the Overview and Scrutiny Management Committee presented the Overview and Scrutiny Annual Report for 2015/16. Cllr Killane highlighted the work carried out during the year and particularly the work undertaken to positively challenge the work of Cabinet and how the Select Committee’s workplan was prioritised to ensure consistency with the Council’s Business Plan. He thanked the officers and members involved in Scrutiny for their commitment and singled out the Financial Planning Task Group for praise for their hard work.

 

Cllr Killane then gave the opportunity to the chairmen of the Select Committees to comment on relevant key activities during the year for their respective committees.

 

Resolved:

 

To receive and note the Annual Report of Overview and Scrutiny for 2015/16.

40.

Annual Report on Executive Decisions Taken Under Special Urgency Provision

Report by Robin Townsend, Associate Director - Corporate Function and Procurement

 

Supporting documents:

Minutes:

Council received an annual report as required by the Local Authorities (Executive Arrangements) (Meetings and Access to Information) Regulations 2012 concerning decisions taken by Cabinet under the Special Urgency procedure. The report related to the period since the last annual report to Council in May 2015.

 

The Deputy Leader confirmed that one decision had been taken by Cabinet using the Special Urgency procedure during this period. A report on the Expansion of St Leonards CE VA Primary School, details contained in the report. He confirmed that the relevant Regulations had been complied with and that this was a procedure only used in exceptional and urgent circumstances.

 

Resolved:

 

That Council notes this report, and that one decision had been taken under the special urgency provision in the period since the last report on the 12 May 2015. 

41.

Councillor Request for Extended Leave of Absence - Councillor Helen Osborn

Report by Robin Townsend, Associate Director - Corporate Function,  Procurement and Programme Office 

Supporting documents:

Minutes:

The Chairman referred members to the report presented which proposed to accept a request for an extended leave of absence for Councillor Helen Osborn.

 

Councillor Ernie Clark wished to record his and his group’s thanks to Councillor John Knight for looking after Councillor Helen Osborn’s division and to the Baroness Scott as Conservative group leader for allowing this and to Councillor Christopher Newbury, Chairman of the Western Area Planning Committee for agreeing to Cllr Knight exercising the powers of planning call-in in Councillor Helen Osborn’s absence.

 

On being put to the vote, it was

Resolved

  1. To approve the request from Councillor Helen Osborn for an extension beyond the six month period of non-attendance on the grounds of ill health.

 

2.    That the extension be granted until the end of October 2016 which would allow for any request for a further extension being considered by Council at its meeting on 18 October 2016, and that In the event of that meeting either being cancelled or postponed, such an extension to remain in place until after the next available meeting of the Council.

42.

Dates of Council meetings 2016/17

Recommended:

 

To approve the dates of Council meetings for the remainder of 2016/17 as follows:

 

12 July 2016

 

18 October 2016

 

31 January 2017 (if required)

 

21 February 2017 (Budget meeting).

 

 

Minutes:

On report by the Chairman, it was

 

Resolved:

 

To approve the Council meetings for the remainder of 2016/17 as follows:

 

Resolved

 

2016

 

12 July

28 October

 

2017

 

31 January (if required)

21 February (budget meeting)

43.

Minutes of Cabinet and Committees

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 in the Minutes Book which can be accessed at this link .

 

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 29 April 2016

 

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

  

Minutes:

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:         15 March, 19 April 2016

Cabinet Capital Assets Committee:          5 March 2016

Overview and Scrutiny Management Committee:         1 March 2016

Children’s Select Committee:        22 March 2016

Environment Select Committee:   12 January, 12 April 2016

Health Select Committee:               12 January, 8 March 2016

Strategic Planning Committee:     10 February 2016

Northern Area Planning Committee:        17 February, 9 March, 30 March, 20 April 2016 Eastern Area Planning Committee:                      10 March, 21 April 2016

Southern Area Planning Committee:       25 February, 7 April 2016

Western Area Planning Committee:         16 March, 6 April 2016

Audit Committee:     26 January 2016

Local Pension Board:         7 April 2016

Police and Crime Panel:    4 February, 3 March 2016

Standards Committee:        16 September, 27 April 2016

Staffing Policy Committee:             2 March 2016

 

The Chairman then 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.

 

Councillor Ian McLennan – Cabinet – 19 April 2016 – Minute No. 53 - Salisbury City Council Asset Transfer – Cabinet Approval of Transfer from

Wiltshire Council

 

Councillor Dick Tonge, in response to a question from Councillor Ian McLennan, explained that he remained open to all offers to maintain assets, but that the maintenance of the five park and ride sites, including those outside of the City Council area but serving it, were included in the proposed agreement with Salisbury City Council. He reminded Councillor McLennan that he had had the opportunity to challenge it at the time.

 

Resolved:

 

That the above mentioned minutes be received and noted.

44.

Councillors' Questions

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 3 May 2016. 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.

 

 

Supporting documents:

Minutes:

The Chairman reported receipt of questions from Councillors Terry Chivers, Ernie Clark, Mary Douglas, Chris Hurst and Chris Caswill details of which were circulated in Agenda Supplement No. 1 together with responses where available from the relevant Cabinet member. Details of questions and written responses provided are attached as Appendix 3 Verbal responses were also provided as indicated.

 

Questioners were permitted to each ask one relevant supplementary question per question submitted and where they did so, the relevant Cabinet member responded as summarised below:

 

1.     Councillor Ernie Clark to Councillor  Fleur de Rhé-Philipe (16/17)

 

In response to a supplementary question, Councillor Fleur de Rhé-Philipe stated that the grant would be awarded to the Transforming Trowbridge group once an agreement had been reached, and that such a grant would be to support the groups activities in promoting inward investment to Trowbridge, not for activities in relation to boundary changes.

 

2.     Councillor Mary Douglas to Councillor Baroness Scott of Bybrook OBE (16/18)

 

In response to a supplementary question, Councillor John Thomson stated that recent refugees had settled in well, and that the Council had written to the Government to outline further capacity taking into account the offers of support from various agencies including church groups.

 

3.     Councillor Chris Hurst to Councillor Philip Whitehead (16/18)

 

Councillor Philip Whitehead responded verbally that discussion had been ongoing with various parish and town council with the majority of facilities transferring on the 1st April. However, this had not been completed in Royal Wotton Bassett and the facilities had closed until such time as the agreement between the Town Council and Wiltshire Council had been reached.

 

In response to a supplementary question from Councillor Hurst, Councillor Whitehead pointed out that whilst he sympathised with their position, it had been possible to reach agreement with every other town council. He also referred to the successful launch of the community toilet scheme,  He confirmed that the toilets in Royal Wootton Bassett could be transferred and therefore reopened just as soon as the town council reached agreement with this Council.

 

It was noted that Councillor Caswill’s questions were taken under the item to which they related, the Draft Chippenham Site Allocations Plan: Update.

Appendices

Appendix 1 – membership of Area Boards

Appendix 2 – membership of Committees

Appendix 3 -  Councillors’ questions

Supporting documents: