Agenda and minutes

To receive any apologies for absence for the meeting.

Apologies for absence were received from Councillors Tony Jackson, David Jenkins, Hayley Illman, Tony Trotman,  Melody Thomson, Russell Hawker, Leo Randall, Alan Hill, Tony Deane, Sarah Gibson and Ian McLennan.

To approve as a correct record and sign the minutes of the last meeting of Council held on 10 July 2018.

The minutes of the meeting held on 10 July were presented.

Resolved:

That the minutes of the last Council meeting held on 10 July 2018 be approved as a correct record and signed by the Chairman. 

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

The Monitoring Officer advised members to consider their employment in Armed Forces, Blue Light services, or as a carer, and potential pecuniary interest in item 13a on the agenda.

Cllr Brian Dalton a declared a pecuniary interest in agenda item 13a and left the meeting in his capacity as a councillor, for that item.

Cllr Clare Cape declared she was employed in the NHS but did not hold a Blue Light card as referenced in item 13a, and would participate in debate.

To receive any announcements from the Chairman.

1) The Chairman drew attention to the engagements attended by herself and the Vice-Chairman since the last meeting of Council as follows:

Events Attended by the Chairman from Tuesday, 10^th July to Monday, 15^th October, 2018:

10^th July, 2018                        Full Council meeting – County Hall, Trowbridge.

11^th July, 2018                        Wiltshire Scout Council AGM and Celebration of Wiltshire Scouting, Potterne.

18^th July, 2018                        Achieving Excellence Awards, County Hall.

20^th July, 2018                        Wiltshire Council Singers Concert, The Atrium, County Hall.

30^th July, 2018                        Funeral of Dawn Sturgis, Salisbury Crematorium (victim of second Salisbury poisoning incident).

31^st July, 2018                        Wiltshire Family Learning Awards Ceremony, The Civic

Centre, Trowbridge.

2^nd September, 2018              Chippenham Town Council’s Civic Sunday Celebrations.

3^rd September, 2018               Fly the Red Ensign for Merchant Navy Day Flag Raising Ceremony, County Hall, Trowbridge. 

20^th September, 2018             Trowbridge in Bloom 2018 Awards Evening, The Civic Centre, Trowbridge.

23^rd September, 2018             CPRE Best Kept Village Competition Presentation Awards Day

(All Cannings, Biddestone, Hullavington and Charlton, near Brinkworth).

28^th September, 2018             Armistice 100, an evening of music and remembrance,

                                                Salisbury Cathedral.

29^th September, 2018             Longleat Military Spectacular Reception and Sunset

Ceremony.

2^nd October, 2018                   Official opening of the Employability Fair, Atrium.

5^th October, 2018                    Chippenham Town Council Purple Flag Breakfast.

Events Attended by the Vice Chairman from Tuesday, 10th July to Monday, 15th October 2018:

10^th July, 2018                        Full Council meeting – County Hall, Trowbridge.

24^th August, 2018                   Funeral of former Wiltshire Councillor, Rosemary Brown.

21^st September, 2018 Porton Science Park Official Opening, Porton Down.

6^th October, 2018                    The Showmen’s Guild of Great Britain Western Section

                                                Reception, Town Hall, Marlborough.

2) Simon Cooper and Shirley Ludford, Deputy Lord Lieutenants for Wiltshire were welcomed to the meeting to observe how the Council operated. Nicky Alberry, High Sheriff of Wiltshire, was to join the meeting later.

3) The meeting was advised that, in keeping with the Council’s decision to utilise electronic voting at these meetings, in the interests of openness and transparency, the ‘Your Councillor’ section of our website now included a searchable voting record for each councillor along with the attendance summary.

4) The Chairman was sad to announce that since the last meeting of this Council she had learned of the passing of former unitary and district councillor Rosemary Brown, who represented Bradford on Avon at various levels for 18 years, and also former District councillor and Salisbury Leader Andrew Roberts, and finally David Parker former member and Chairman of Kennet District Council.

5) Members were encouraged to visit the Science and Engineering fair held at County Hall.

6) Members were reminded to collect Remembrance wreaths before leaving the meeting.

One petition has been received for presentation to the meeting - Mr Dennis Kidd will present a petition in relation to Elm Grove Farm, Trowbridge and the Housing Sites Allocations Plan.

A petition from Mr Kidd had been withdrawn, and was to be submitted as part of the response to the Housing Site Allocations consultation.

A report on petitions received since the last meeting of Council.

An update was provided detailing petitions received since the last meeting of Council. Following a motion from Cllr Allison Bucknell, seconded by Cllr James Sheppard, it was:

Resolved:

To note the update on petitions as set out in the Appendix to the report.

The Council welcomes contributions from members of the public.

Statements

If you would like to make a statement at this meeting on any item on this agenda, please register to do so at least 10 minutes prior to the meeting. Up to 3 speakers are permitted to speak for up to 3 minutes each on any agenda item. Please contact the officer named above for any further clarification.

There were no public statements.

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 onTuesday 9 October in order to receive a written response, and no later than 5pm on Thursday 11 October in order to receive a verbal response. 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.

A question had been submitted from Jo Waltham, as detailed in the Supplement.

Ms Waltham highlighted in her supplementary question that there were occasions when SEND children were having to travel for longer than the maximum recommended 75 minute travel time each way to school, and requested the Council did as much as possible to organise travel so as not to exceed the 75 minute target.

Cllr Mayes advised she would respond to Ms Waltham outside of the meeting on individual cases, and reassured the Council worked to ensure journeys were organised as effectively as possible for the children involved.

To receive a report from the Corporate Director, and hear a presentation from a care leaver.

Cllr Laura Mayes presented the Annual Report of the Corporate Parenting Panel which concluded that following the introduction of a new Corporate Parenting Strategy for 2016-17 the Panel was able to have a greater impact, as a result of monitoring performance against strategic priorities. It was also heard the Panel was working closely with the Children in Care Council to listen to their experience of care provision in Wiltshire. The motion was seconded by Baroness Scott.

Debate

Group Leaders then commented on the proposals as follows:

Baroness Scott of Bybrook OBE highlighted the report demonstrated the Council listened to its Looked After Children.

Cllr Ian Thorn welcomed the report and related items on the agenda.

Cllr Ricky Rogers welcomed the report and expressed thanks to foster carers.

The Chairman then invited comments in debate.

Cllr Hubbard advised Children’s Select Committee had reviewed the Annual Report and expressed his thanks to foster cares in Wiltshire, and also the staff and volunteers involved in support schemes.

The motion was put to the vote.

Resolved:

To note the Annual report and ratify improvements required to strengthen Corporate Parenting in Wiltshire

To receive a report from the Corporate Director, following consideration by Cabinet on 9 October 2018.

The final recommendation of Cabinet will be circulated by supplement ahead of the Council meeting.  

Cllr Laura Mayes presented a report requesting Council Tax exemption for Care Leavers, as recommended by Cabinet. The report was in response to the Childrens and Social Care Act 2013 which detailed steps authorities should take to provide a local offer for care leavers to support them as they leave care and find their way in an independent adult life. The motion was seconded by Baroness Scott.

The Chairman invited a care leaver, Jemma Sherman, to speak to the meeting. Ms Sherman had previously been in care and was now a Personal Advisor at Wiltshire Council for those in care. Ms Sherman described a typical day in her role as a Personal Advisor. The experience of going into care was also described, in particular the significant lifestyle change moving from a family setting into care. Ms Sherman described she had felt very supported through her time in care and wanted to give back,  her future plans were to complete a Masters in Social Work. Ms Sherman highlighted Care Leavers do need increasing ongoing support and asked councillors to reflect on how they could support this.

Group Leaders then commented on the proposals as follows:

Baroness Scott of Bybrook OBE thanked Jemma for speaking and for her fantastic work.

Cllr Ian Thorn echoed the Leader’s thanks and supported the proposal.

Cllr Ricky Rogers also expressed support for the proposal.

The Chairman then invited comments in debate.

Members highlighted the importance in supporting care leavers to live independently and commended the proposal.

The motion was put to the vote

Resolved:

That Wilshire Council Care Leavers are exempted from Council Tax to include care leavers whom live within and outside the Wiltshire Council boundary, as set out in Appendix B. 

To thank Jemma Sherman for her informative presentation and work as a Personal Adviser.

Votes for the motion: 84

Votes against: 0

Abstentions: 0

To receive a report from the Corporate Director.

Cllr Laura Mayes presented a report on a Local Offer for Care Leavers as set out in the Summons, which would support care leavers into adulthood, this was now considered an extensive offer including, but not limited to, Personal Advisor support, an accommodation offer, and supported housing offer for care leavers. The motion was seconded by Baroness Scott.

Group Leaders then commented on the proposals as follows:

Baroness Scott of Bybrook OBE fully supported the proposal, especially extending the Council’s duty to support care leavers to age 25. The Leader expressed ambition to continue to work with leavers and develop this offer.

Cllr Ian Thorn expressed his support for the Local Offer and commended Cllr Mayes and her team for their work.  Support was also expressed for the supported housing pilot and he recommended rolling this out to other areas of the county, and also the Rent Guarantee Scheme.

The Chairman then invited comments in debate.

Councillors spoke in support of the report and commented it was excellent to see most Scrutiny recommendations been incorporated in the Local Offer, however highlighted the Scrutiny recommendation on free bus passes had not been taken up and requested this be considered moving forward. It was also suggested the offer could be more ambitious, including: more entry-level opportunities for care leavers, and guaranteed interview for jobs with contractors used by the Council.

Cllr Mayes highlighted the policy would continue to be developed, and the Council was already considering how to work better with contractors to offer opportunities for care leavers.

The motion was put to the vote

Resolved:

That Council endorses the Local Offer for care leavers in Wiltshire.

Votes for the motion: 83

Votes against the motion: 0

Abstentions: 1

To receive a report from the Corporate Director.

The Chairman gave guidance on the process for amendments and public speaking under this item.

Cllr Richard Clewer, Chairman of the Electoral Review Committee presented a report from the Committee which proposed a submission to the Local Government Boundary Commission for England based on 98 electoral divisions. Attention was drawn to the proposed division maps and projected electorate information in the Supplement. Thanks were given to Maggie Mulhall and Kieran Elliott for their work supporting the review, and also to the Committee, Cllr Gavin Grant and Cllr Ashley O’Neill in particular for a collaborative effort. It was explained the proposals were not perfect in every location however worked for the whole county and had been carefully considered.

The proposals were based on: electoral equality, community identity and effective local government.  The Committee had considered where best to split parishes to achieve electoral equality, based on community feel and the urban/rural nature of communities had also been taken into account. Finally, future urban developments were factored into the recommendations. It was highlighted that necessary changes to the documents were to be delegated to the Director of Legal and Democratic Services to address any outstanding issues. The Committee Chairman advised that consideration of division names and Area Board boundaries were to be considered at a later date. A summary of the key issues and changes for individual divisions was provided.

The motion was seconded by Cllr Grant.

The Chairman thanked the members and officers for their support of this review.

Group Leaders then commented on the proposals as follows:

Cllr Baroness Scott of Bybrook OBE expressed her thanks to Cllr Clewer and the rest of the Committee, as well as officers for their work on the project and the level of consultation. The Leader also highlighted complexity of the review.

Cllr Ian Thorn echoed thanks for the support to the project and emphasised it was impossible to produce a whole scheme that pleased everyone in the county.

Cllr Ernie Clark agreed with the previous comments made by fellow Group Leaders.

Cllr Ricky Rogers also expressed his thanks to officers and members for their work on the review.

The Chairman then invited comments in debate.

Debate

Many councillors expressed thanks to Committee members and officers for their work supporting the review, and to Cllr Clewer for his leadership. It was noted the proposal was a workable solution for all divisions. Concern was raised by the local member over the consultation that had taken place in respect of the Winterslow division and parishes within this division. In response, other members spoke of thorough consultation and an excellent example of cross-party working. The Committee was thanked for taking into consideration representation about Bowerhill, however the local member did not support the proposal for Melksham and requested further consideration of urban communities. It was noted there was some unease in the Bulkington, Salisbury and Chippenham areas about the proposals, Chippenham Town Council was to provide further detail to Cllr Clewer. The complexity of the review was  ...  view the full minutes text for item 71.

To receive a report from the Corporate Director.

Cllr Richard Clewer, Chairman of the Electoral Review Committee presented a report requesting an amendment to the Terms of Reference for the Electoral Review Committee to consider issues raised as part of the UK Parliamentary polling districts and polling places review.  The motion was seconded by Cllr Hubbard.

There were no comments in debate.

The motion was put to the vote

Resolved:

a) the Council notes the current position regarding the requirement to conduct the Polling District and Polling Place Review within the statutory timescales.

b) the Electoral Review Committee, comprising 10 members, progresses the Polling District and Polling Place Review on behalf of the Council and formulates recommendations to the Council for approval.

c) the terms of reference for the Electoral Review Committee are amended as set out in the Appendix to this report.

d) the Council approves, as a one-off funding, use of the Enabling Fund Earmarked Reserve for the provision of any additional resources required for this programme of work.

Votes for the motion: 84
Votes against: 0
Absentions: 0

To receive a report from the Corporate Director

Cllr Jerry Wickham presented a revised Statement of Gambling Principles recommended by the Licensing Committee, and explained the Council was required to review its Statement of Gambling Principles every 3 years. Key changes included: change of layout, additions to clauses around public health and money laundering, and an additional focus on social responsibility. The Cabinet Member thanked officers for their hard work developing the updated policy.

The motion was seconded by Cllr Hutton

The Chairman then invited comments in debate.

Cllr Hubbard questioned the protection in place to stop vulnerable persons being unsupervised when gambling.

Cllr Wickham highlighted in the policy placed responsibility on the license holder to supervise gambling, and this was reinforced by the licensing team.

The motion was put to the vote

Resolved:

That Council approves the Statement of Gambling Principles (2019-2021) under the Gambling Act 2005 to come into effect from 1^st January 2019.

Votes for the motion: 82

Votes against the motion: 0

Abstentions: 2

To consider the following notices of motions:

The Monitoring Officer issued further guidance to members on disclosable pecuniary interests in respect of this motion. Councillors were advised that current serving members of blue light services and armed forces would have a disclosable pecuniary interest in this item by virtue of their employment. Veterans of the armed forces were advised to consider their own personal circumstance.

Councillors Mark Connolly, Chris Williams, Mary Champion, Brian Dalton, Bob Jones, Paul Oatway, John Smale declared interests in this item 

Cllrs Connolly, Dalton and Oatway left the meeting in their capacity as councillors as a result of pecuniary interest.

The Chairman advised the motion to the meeting was from Cllr Brian Dalton, however due to a disclosable interest it was to be moved by another member.

Cllr Hopkinson moved the motion as set out in the Summons and highlighted the purpose of the motion was to seek to assist further the Armed Forces and Blue Light staff, carers and looked after children, and without the need for them to sign up to a 12 month subscription. The councillor argued this extension of discount would not have significant cost implications and was requesting officers consider this to be factored into the 2019 budget. Cllr Thorn seconded the motion.

The Chairman invited Cllr John Thomson to respond to the motion, the councillor expressed support for the first part of the motion and extended thanks to Council officers aswell for their response to the Salisbury incident. The Cabinet member outlined the Council already provided extensive discounts on leisure services to various different groups.

Group Leaders commented on the proposals as follows:

Baroness Scott of Bybrook OBE stated the Council already provided most of the discounts that were proposed by the motion and sought an amendment to the motion, however this did not go forward into debate.

Cllr Ian Thorn spoke in support of the motion, particularly the benefits it could bring to looked after children, and also spoke of the need to publicise current discounts more widely.

The Chairman then invited comments in debate.

It was suggested that members of the Armed Forces had significant leisure facilities available to them in their camps and therefore further discounted provision for this group would not necessarily be beneficial. It was argued the motion requested officers give further thought to discounts, some members wanted to deliver discount provision without an annual subscription. Councillors agreed the first sections of the motion were undisputed by all councillors. It was recommended by Cllr Hubbard the motion be amended as set out below, seconded by Cllr Davis, this was accepted as a friendly amendment:

That Wiltshire Council recognises the excellent work of our Armed Forces, staff working in blue light services, carers of looked after children, and also the needs of looked after children. This Council supports offering theseArmed forces, staff working in blue light services, and their immediate family, discounts to leisure services across Wiltshire, and recommends officers investigate the options for this to facilitate implementation in financial  ...  view the full minutes text for item 75.

Cllr Cape moved the motion as set out in the Summons. The councillor argued there had been no risk assessment by Wiltshire Council on the impact of Brexit on the council and the community, and potential risks were posed due to difficultly for business and health and social services to recruit staff from the EU. The motion was seconded by Cllr Thorn.

The Chairman invited Baroness Scott of Bybrook OBE to respond to the motion. The Leader drew attention to the briefing note in the Agenda Supplement which detailed action the Council was currently taking with regard to Brexit. The Leader argued the Council should not coordinate a symposium and make risk assessment before it fully understood the reality of a Brexit deal. Baroness Scott advised the Council would continue monitor the effect of Brexit on its services and that the Council was able to act swiftly, as demonstrated in its response to the Salisbury attack.

Group Leaders then commented on the proposals as follows:

Cllr Ian Thorn argued the motion was timely and appropriate, suggesting businesses were preparing for Brexit, and therefore Wiltshire Council should also prepare. The councillor argued recent responses from officers had indicated the Council was not taking any preparatory steps to mitigate negative impacts from Brexit.

Cllr Graham Wright, speaking on behalf of the Independent Group, expressed support for the sentiment of the motion however expressed concern over the timing.

The Chairman then invited comments in debate.

Some councillors considered the Council should have already started preparing for Brexit, with particular reference to ensuring sufficient staff for care homes and other elements of adult care, which currently employed a number of migrant workers. A number of councillors considered detailed preparations would be premature, since there was a significant number of ‘unknowns’ meaning the Council could waste resource considering situations which may not arise.

Baroness Scott was invited to make a statement following the debate an asserted she was confident in the work the Council was already doing to prepare for Brexit.

On going to the vote, the motion was lost.

Votes for the motion: 18

Votes against: 56

Abstentions: 2

To receive a report from the Corporate Director.

Cllr Richard Clewer, recommended changes to the Constitution in respect of: Part 4, Protocol 1, Part 11A and Part 3 as set out in the report. It was highlighted many of the changes were simply formatting changes or updates to provide clarity. The Monitoring Officer was to develop further guidance on members’ access to Part 2 papers and substitution arrangements. The proposal was seconded by Cllr Oatway.

The Chairman then invited comments in debate, there were comments in support of the proposal.

The motion was put to the vote

Resolved:

To approve the proposed changes as detailed in Appendices 2, 4, 5 and 6 of the report.

Votes for the motion: 67

Votes against: 0

Abstentions: 0

To consider a request for extended leave of absence.

The Chairman drew attention to reports in the Summons and Supplement requesting permission for extended leave of absence for both Cllr David Jenkins due to injury, and Cllr Anna Cuthbert due to ill health.

The Chairman moved the recommendations, as set out in the report, seconded by Cllr Sheppard.

The motions were put to the vote.

Resolved:

 a) That Council approves the request from Councillor David Jenkins for an extension beyond the six month period of non-attendance on the grounds of ill health.

(b) That such an extension be granted until the end of February 2019 which would allow for any request for a further extension being considered by Council at its meeting on 26 February 2019. In the event of that meeting either being cancelled or postponed, such an extension is to remain in place until after the next available meeting of the Council.

c) That Council approves the request from Councillor Anna Cuthbert for an extension beyond the six month period of non-attendance on the grounds of ill health.

(d) That such an extension be granted until the end of February 2019 which would allow for any request for a further extension being considered by Council at its meeting on 26 February 2019. In the event of that meeting either being cancelled or postponed, such an extension is to remain in place until after the next available meeting of the Council.

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 9 October 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 drew attention to questions from councillors, and responses provided in the agenda supplement which were taken as read.

Cllr Thorn was invited to ask a supplementary question to 18-16 and asked for a date when the decision on Special Schools was to be considered by Cabinet. Councillors Mayes confirmed Cabinet was to consider this on 27 November 2018.

Cllr Pauline Church provided a verbal response to question 18-18 citing the daily and average costs of the reduction in car parking fees in Salisbury. It was noted that footfall in Salisbury was still down and that car parking discounts would remain in place until Christmas.

Baroness Scott of Bybrook OBE provided a verbal response to question 18-19. The Leader explained the Council had been working with Coopers Tyres to support their business in Melksham and was saddened by the ultimate decision to withdraw part of the business from this location. Local members had been briefed on the situation and the Council would work to support local residents moving forward.

To determine any requests from Group Leaders for changes to committee membership in accordance with the allocation of seats to political groups previously approved by the Council.

Group Leaders were invited to ask Council to approve changes to committee membership.

Resolved:

To approve Cllr Anna Cuthbert be removed from the membership of the Appeals Committee, replaced by Cllr Jose Green.

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 at this link.

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 Dorset and Wiltshire Fire Authority.

The Chairman moved that Council received and notes the minutes of Cabinet and Committee meetings, this was seconded by Cllr Sheppard.

Resolved:

To note the minutes of Cabinet and Committee meetings as set out in the Minute Book.