Agenda and minutes

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.

The Chairman opened the meeting and called for nominations for the position of Chairman for the ensuing municipal year.

Councillor Ruth Hopkinson was proposed by Councillor Ian Thorn and seconded by Councillor Clare Cape.

Councillor Allison Bucknell was proposed by Councillor Jane Davies and seconded by Councillor Atiqul Hoque.

Having been nominated, Councillor Bucknell left the room to enable the Vice-Chairman to preside over the vote.

Councillor James Sheppard in the Chair

Having been put to the vote, the meeting;

Resolved

That Councillor Allison Bucknell be elected Chairman of Wiltshire Council for the municipal year 2018/19

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

Councillor Allison Bucknell in the Chair

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.

The Chairman called for nominations for the position of Vice-Chairman of Council for 2018/19.

Councillor James Sheppard was proposed by Councillor Chris Williams and seconded by Councillor Alan Hill. There being no other nominations, it was

Resolved:

That Councillor James Sheppard be elected Vice-Chairman of Wiltshire Council for the municipal year 2017/18.

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.

Apologies for absence were received from Councillors Christopher Newbury, Robert Yuill, Nick Fogg MBE, Leo Randall, Tony Deane and Chuck Berry.

To approve as a correct record and sign the minutes of the last meeting of Council held on 20 February 2018.

The minutes of the Meeting held on 20 February 2018 were presented.

Resolved:

That the minutes of the last Council meeting held on 20 February 2018be 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.

a)    Recent Engagements

The Chairman drew the meeting’s attention to the following events and engagements:

·           20 February, 2018      Full Council meeting – County Hall Trowbridge

·           23 February, 2018     Guest Speaker at Annual Luncheon of the Showmen’s Guild, Western Section, Hilton Hotel, Swindon

·           26 February, 2018     British Empire Medal Presentation Ceremony, Great Chalfield Manor

·           11 March, 2018          High Sheriff’s Service for the Rule of Law, Salisbury Cathedral

·           12 March, 2018          Commonwealth Flag Raising Ceremony, County Hall

·           15 March, 2018          Wiltshire Council Business and Sports Gala Dinner, County Hall

·           6 April, 2018               Declaration and Appointment of new High Sheriff of Wiltshire, Calne Town Hall

·           8 April, 2018               RBL and St. Bartholomew and All Saints’ Church, Royal Wootton Bassett “Royal Air Force 100^th Anniversary” Service

·           25 April, 2018             Trowbridge in Bloom Young Voice of Trowbridge Public Speaking Competition, St. Augustine’s Catholic College, Trowbridge

·           26 April, 2018             Wiltshire Council Achieving Excellence Awards, County Hall, Trowbridge

·           2 May, 2018                Chippenham Town Council Annual Town Meeting, Town Hall, Chippenham

·           3 May, 2018                VIP visit of HRH The Duke of Kent to Wilton Carpets

·           9 May, 2018                Official Opening of Rothermere, Trowbridge

·           10 May, 2018             Royal Wootton Bassett Town Council Mayor Making Ceremony, St. Bartholomew and All Saints’ Church, Royal Wootton Bassett

·           11 May, 2018             Celebration of Girlguiding, Cricklade House Hotel, Common Hill, Cricklade

·           14 May, 2018             Calne Town Council Mayor Making Ceremony and Reception, Calne Town Hall, Calne

·           17 May, 2018             Devizes Town Council Annual Meeting and Mayor Reception, Town Hall, Devizes

b)    Deferred Item

The Chairman drew the meeting’s attention to the fact that item 9 - Housing Site Allocations Development Plan Document - had been deferred to 10 July meeting of Council, with consideration beforehand at the 3 July meeting of Cabinet. The Chairman also referred to the briefing note No. 355 which had been circulated detailing the next steps for this item.

https://cms.wiltshire.gov.uk/documents/s144338/BriefingNote355HousingSiteAllocations.pdf

c)    Former Councillors’ Passing

The Chairman announced that the following former councillors had sadly passed away;

Tony Moore, the councillor for Trowbridge east division between 2001 and 2005.

RegCoole, Wiltshire County Councillor and North Wilts Councillor for many years.

Dr John English, County Councillor for Salisbury East from 2005-2009.

Lt Col John Haywood, a Former County Councillor for Amesbury.

Len Osbourne, a former West Wiltshire District Councillor.

d)    Minutes silence

The Chairman reminded the meeting that the council would be holding a minute’s silence at 2:30 to mark the first anniversary of the Manchester Arena attack.

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 15 May 2018. 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 outlined the procedure to public participation noting that there were speakers already registered under the petitions item.

There were no other statements or questions from the public on other items.

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

SAVE BRAESIDE AND OXENWOOD: Wiltshire Council’s 2 outdoor education centres

The Chairman introduced the item, informing the meeting that a petition had been received which met the threshold for a Council debate in accordance with the Council’s Petition Scheme, and outlined the process for the debate. The Chairman stated that, owing to the interest in the item, she would extend the time permitted under the scheme by allowing more public speakers and councillors to have their say.

At the invitation of the Chairman the petition organiser, Lucy Gomes, presented the petition which had received over 16.000 signatures, and which requested that the outdoor education centres in Braeside and Oxenwood not be closed. A decision had been taken by Cabinet on  27 March 2018 that the centres would be closed from August 2018.

In presenting her petition Lucy Gomes: emphasised the importance of outdoor education and the contribution the council run centres; expressed the concern that there are already fewer opportunities for outdoor education; stated that the petition was the largest to be presented to Wiltshire Council; summarised the concern that schools, families were not consulted before the decision; emphasised that the centres are well used and give opportunities to vulnerable children and the impact on wider issues such as health and education.

The following members of the public were invited to speak:

Alan Rankin referred to financial demands on councils and the decisions to reducing non-statutory service to protect statutory services, but argued whether the wider value created by outdoor education centres had been fully into account. He further argued that cabinet was not adequately informed of this social value when making their decision, and emphasised the importance of the centres for some families suffering from deprivation.

Rachel Ross expressed concern that the consultation process had not included a wider range of stakeholders, and argued that the equality impact assessment was not sufficient. She further argued that small facilities are better placed to support those with additional needs, and asked that a solution be considered to keep the facilities within Wiltshire.

Amanda Humphries argued that the figures used to establish the cost of keeping the facilities open were not up to date, and argued that all stakeholders should be consulted;

Sylvia Card emphasised the use of the centres from across the county, and the value they add. She further stated that the community was angry as they had not been consulted on this, and did not feel that the decision had been made correctly.

Councillor Judy Rose of Devizes Town Council emphasised the strength of feeling over the decision, and expressed concern that the town council had not been consulted. She further stated that the social value of the centres had not been taken into account, and that the financial costs of running the centres had not been correctly identified.

At the invitation of the Chairman, Councillor Laura Mayes, Cabinet Member for Children, Education and Skills, spoke in response, thanking those that came to spoke so passionately, emphasising that she understood the strength of feeling, and agreed about the  ...  view the full minutes text for item 28.

Report by Ian Gibbons, Director of Legal and Democratic Services (and Monitoring Officer).

A report 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.

UPDATE

FOLLOWING CABINET’S RESOLUTION TO DEFER DEERMINATION OF THIS ITEM AT ITS MEETING ON 15 JUNE 2018, AND AFTER CONSULTATION WITH THE CHAIRMAN OF THE COUNCIL, THIS ITEM HAS BEEN DEFERRED UNTIL THE 10 JULY 2018 MEETING OF COUNCIL.

A BRIEFING NOTE DETAILING THE DECISION OF CABINET WILL BE PUBLISHED AT  https://cms.wiltshire.gov.uk/ecSDDisplay.aspx?NAME=Briefing%20Notes%202018&ID=1915&RPID=16631086

As previous announced it was noted that the decision to consider the issue was deferred until the meeting in July.

The Chairman drew the meeting’s attention to the briefing note previously circulated:

https://cms.wiltshire.gov.uk/documents/s144338/BriefingNote355HousingSiteAllocations.pdf  

Report by Ian Gibbons, Director of Legal and Democratic Services (and Monitoring Officer)

The above items were considered together under one motion.

At the invitation of the Chairman, the Leader of the Council, Baroness Scott of Bybrook OBE, presented the proposals for the appointments required for the municipal year 2018/19, which had been developed in consultation with all group leaders. In moving her motion, the Leader also announced to Council the changes made to her Cabinet and Portfolios appended to these minutes.

Following the opportunity for comments and questions, and upon being put to a recorded vote, the meeting;

Resolved

a)    To note the report and the legal requirements, subject to the recent change of the political composition of Swindon Borough Council.

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

Electoral Review Committee

Environment Select Committee

Health Select Committee

Health and Wellbeing Board

Licensing Committee

Officer Appointments Committee

Overview and Scrutiny Management Committee

Pension Fund Committee

Police and Crime Panel

Staffing Policy Committee

Standards Committee

Strategic Planning Committee

c)     To re-appoint those Area Boards, constituted as area committees as set out in paragraphs 13 to 15 and Appendix 1 of the report presented and within the Constitution, to comprise the Unitary Councillors for that area.

d)     To re-appoint the Local Pension Board established under the Public Service Pensions Act 2013 and consequent amendments to the Local Government Pension Scheme Regulations 2013 with the terms of reference as set out in the Constitution.

e)     To approve a scheme of committee places which sets out the number of seats available to members of the Council and to political groups as follows:

f)     To appoint councillors to serve on those committees in accordance with the agreed scheme of committee places, until the next occasion membership is reviewed under the provisions of the Local Government & Housing Act 1989 (as attached).

g)   To appoint substitute members (to a maximum of four per group) to the committees  ...  view the full minutes text for item 35.

Report by Ian Gibbons, Director of Legal and Democratic Services (and Monitoring Officer)

At the invitation of the Chairman, the Cabinet Member for Housing, Corporate Services, Heritage, Arts and Tourism, Councillor Richard Clewer, presented the report which set out proposed changes to sections of Part 2, Part 3, Part 9 and Protocol 11 of the Constitution as recommended by the Standards Committee.

Councillor Clewer proposed, subsequently seconded by Councillor Paul Oatway QPM, Chairman of the Standards Committee, that the recommendations in the report be approved.

In seconding the motion, Councillor Oatway confirmed that the Standards Committee had considered the matters and were content with the proposals.

Matters highlighted in the presentation and debate included: how amendments in relation to planning had been proposed in reaction to new planning regulations; the changes in relation to the Audit committee responsibilities to clarify its functions and those of Scrutiny; whether the impact on the planning officer case-loads from the new regulations could be significant; and how division councillors could be encouraged to attend meetings where they had called-in an application.

At the conclusion of the debate, and upon being put to a recorded vote, the meeting;

Resolved

a)    To approve changes to Part 3D(3) of the Constitution, as shown in the tracked change document at Appendix 2 to the report; and

b)   To approve changes to Part 2, Part 3, Part 9 and Protocol 11 of the Constitution, as shown in the document at Appendix 3 to the report.

Admin Note: A record of the vote is appended to these minutes.

Councillor Graham Wright, Chairman of the Overview and Scrutiny Management Committee will present the Annual Report of the Committee for 2017/18

At the invitation of the Chairman, Councillor Graham Wright presented his annual report in his capacity as Chairman of the Overview and Scrutiny Management Committee. In presenting his report: he the ability of the process to add value to the development of proposals rather than waiting for scrutiny of decisions made; he welcomed the constructive relationship with the administration and highlighted the work in particular: Advertising, Digital Strategy, Adult Social Care Transformation; Special Education Needs; Highways and Street scene. He ended his presentation by thanking all the officers and the councillors for their support in the process, and encouraged all non-executive Councillor to take part.

The Chairman thanked Councillor Wright for his report and proposed, subsequently seconded by Councillor Alan Hill, Vice-Chairman of the Overview and Scrutiny Management Committee, to receive and note the report.

Baroness Scott of Bybrook OBE, Leader of the Council, thanked Councillor Wright for his report, and welcomed the constructive challenge provided by the select committees.

Councillor Ian Thorn Leader of the Liberal Democrat Group, gave thanks to the officers and councillors who work hard to make the system work, and further emphasised the importance that all select committee decisions be made apolitically and be evidenced based.

In response to a question raised by Councillor Graham Payne, Councillor Wright stated that the issues of how consultation is undertaken by the council and its use in decision making was included on the list of issues to be considered in the work programme but had not yet been prioritised for specific action.

At the conclusion of the debate, the meeting unanimously;

Resolved

To receive and note the Overview and Scrutiny Annual Report.

The Leader will give a verbal update.

At the invitation of the Chairman, the Leader of Council and Alistair Cunningham, Corporate Director< Growth, Investment and Place, and the Leader Officer responsible for the Salisbury Recovery group, gave a presentation on the Council’s response to the Salisbury incident.

In making her presentation, the Leader started by thanking Mr Cunningham and the officers who had acted so professionally to respond to challenges arising, noting that the Prime Minister had written personally to thank officers for their efforts.

Matters highlighted in the course of the presentation included: the actions taken immediately to the incident, and the plans to respond going forward; the resources drawn upon as part of the response; that Wiltshire Council became the lead agency for recovery from the end of March; the importance given to the economic recovery; the regular feedback received from and given to stakeholders; the lessons learnt on best practice from the actions taken in response; that the Ministerial Recovery Group is chaired by Michael Gove MP, Secretary of State for the Environment, Food and Rural Affairs (DEFRA); how the different partners and the public had been engaged with; the efforts that will be made to market the city for visitors; the paramount role for public health; how people impacted, directly and indirectly, were supported in their physical and mental health; the work undertaken to ensure sites are deemed to be safe; the important role played by the military, and the importance of having had good existing relationships.

Further issues raised included: the financial implications for the recovery; that all sites bar the Skripal house, had been released from the investigation to allow those sites to be cleaned and handed back to owners; the process to ensure that the sites are cleaned and safe, emphasising the thoroughness of the process undertaken by the military; the location of the sites and how the evidence of the relatively risk levels of the sites had been assessed; that the more complex indoor sites would be cleaned last; the work undertaken with central government to make it clear what the assessment of safety was; the work undertaken to trace all those that may have had contact with Skripals; the work particularly with the residents of the road where Mr Skripal lived; the work undertaken with community groups to answer questions to address initial anxieties; the specialist counselling services in place; the extent of the community engagement and the events planned to promote the city; the work done by the City Council and the cultural organisations to encourage visitors; the support given to the businesses directly affected and the economy in general; the impact on the number of visitors; the decisions made on parking and park-and-ride and the revisions to that strategy; the funding received from central government to support local agencies; the social media and website communication undertaken.

The Leader concluded the presentation with a request that the meeting show their thanks to all those that had supported and the four people seriously affected in their recovery.

Following  ...  view the full minutes text for item 38.

To consider the following notices of motions:

The meeting considered the following motion:

To consider the attached motion.

At the invitation of the Chairman, Councillor Brian Mathew proposed the motion

which was subsequently seconded by Councillor Steve Oldrieve. In moving his motion, Councillor Mathew highlighted: the impact of plastic waste on the environment; the opportunities to use waste plastic in road repair and the examples of its use around the world and within the UK; and the opportunities for cost savings.

In response to the motion, Councillor Bridget Wayman, Cabinet Member for Waste and Highways stated: that whilst she welcomed the opportunity to reduce waste plastic she was cautious about the use of recycled materials such as these in road repair due to durability. In conclusion, she argued that the matter should be referred to the Overview and Scrutiny Management Committee for further consideration.

Having been proposed by the Chairman and seconded by the Vice-Chairman,

the motion was referred to the Overview and Scrutiny Management Committee.

Upon being put to a recorded vote, the meeting;

Resolved

To refer the motion to the Overview & Scrutiny Management Committee

Admin Note: A record of the vote is appended to these minutes.

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 15 May 2018. 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 six questions for the meeting from Councillors, details of which were circulated in Agenda Supplement One.

Councillor were then 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.         18-03 Councillor Ernie Clark 19/04/18 Written Officer employment –   Companies to Councillor Richard Clewer

In reply to a supplementary question, Councillor Clewer stated that he did not want to breach personal confidentiality by identifying individuals; that it was common practice for contractors to create their own company to sell their services; and that contractors tended to be employed to deliver specialist services for short periods of time but that these were occasionally extended when required.

2.         18-04 Councillor Edward Kirk 24/04/18 Written Council car parking to            Councillor Bridget Wayman

Councillor Kirk thanked Councillor Wayman for the written response.

3.         18-05 Councillor Ian Thorn 30/04/18 Written Employment and community     skills team to Councillor Richard Clewer

In reply to a supplementary question, Councillor Clewer stated that it may be more appropriate to discuss at the Staffing and Policy Committee about what further opportunities there are to support those with additional needs in employment,

4.         18-07 Councillor Ian Thorn 30/04/18 Written Market value outdoor      education centres to Councillor Toby Sturgis/Councillor Laura Mayes

In reply to a supplementary question, Councillor Sturgis stated that in order to value a piece of land, a clear idea of what the intended use of that land would be needed to be established.

5.         18-10 Councillor Ian Thorn 12/05/18 Payments for nondisclosure to   Councillor Richard Clewer

In reply to a supplementary question, Councillor Clewer stated that the money paid to former employees since 2009 in relation to 57 agreements was £720,208 since 2009.

6.           18-11 Councillor Ian Thorn 12/05/18 Whipping (votes) to Councillor Richard Clewer

In a verbal response, Councillor Clewer stated that when Overview and Scrutiny Committees were introduced in 2000, guidance from the Secretary of State recommended that party political whipping should not take place, and he confirmed that the administration supports this approach to strengthen the evidence based approach to decision making.

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

https://cms.wiltshire.gov.uk/documents/g12113/Public%20reports%20pack%2022nd-May-2018%2010.30%20Council%20Minute%20Book.pdf?T=10

b.     The Chairman will refer to Cabinet and each Committee in turn:

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

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

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

d.     Councillors will be given an opportunity to raise any questions on the minutes of the Wiltshire and Swindon Fire Authority.

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

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.

Resolved

That the minutes be received and noted

To note that there were no urgent executive decisions taken by Cabinet in the period 1 May 2017 – 30  April 2018.

The Chairman noted that there were no urgent executive decisions taken by Cabinet in the period 1 May 2017 – 30 April 2018.