Agenda and minutes

To elect a Chairman for the forthcoming year.

On the nomination of Councillor Nick Botterill, seconded by Councillor Richard Clewer, it was,

Resolved:

To elect Councillor Stuart Wheeler as Chairman for the forthcoming year.

To elect a Vice-Chairman for the forthcoming year.

On the nomination of Councillor Richard Clewer, seconded by Councillor Jacqui Lay it was,

Resolved:

To elect Councillor James Sheppard as Vice-Chairman for the forthcoming year.

To receive any apologies for the meeting.

Apologies for absence were received from Councillors Brian Dalton, Kevin Daley, Sarah Gibson, Bob Jones, Sam Pearce-Kearney, Paul Oatway QPM, Pip Ridout, and Jo Trigg.

To approve as a correct record and sign the minutes of the last meeting of Council held on 15 February 2022.

The minutes of the meeting held on 15 February 2022 were presented for consideration, and it was,

Resolved:

To approve and sign the minutes as a true and correct record.

Under Chairman’s Announcements an issue was raised in relation to the process for consideration or discussion on the minutes. It was stated that any Member was able move an amendment or correction to the minutes before they were approved for consideration by the meeting.

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

There were no declarations.

To receive any announcements through the Chair.

Events Attended by the Chairman, Cllr Stuart Wheeler from Tuesday 15 February 2022:  

•        Saturday 5 March  2022 - Mayor of Trowbridge’s Mayoral Dinner and Dance, Civic Centre, Trowbridge. 

•        Sunday 13 March 2022 - The High Sheriff’s Service for the Rule of Law, Salisbury Cathedral.  

•        Monday 14 March 2022 - Commonwealth Day Flag Raising Ceremony, County Hall.  

•        Monday 9 May 2022 - Preview evening of ‘Celebration - a Festival of Flowers’, Salisbury Cathedral. 

•        Thursday 12 May 2022 - Royal Wootton Bassett Town Council Mayor Making Ceremony, RWB Town Hall. 

Events Attended by the Vice-Chairman, Cllr James Sheppard, from Tuesday 15 February 2022: 

•        Sunday 13 March 2022 - The High Sheriff’s Service for the Rule of Law, Salisbury Cathedral.  

•        Thursday 17 March 2022 - The Showmen’s Guild of Great Britain Western Section’s Annual Luncheon, Hilton Swindon.  

•        Monday 9 May 2022 - Preview evening of ‘Celebration - a Festival of Flowers’, Salisbury Cathedral.  

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. Statements must relate to a specific agenda item.

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 Proper Officer) no later than 5pm on 10 May 2022 in order to receive a written response, and no later than 5pm on 12 May 2022 in order to receive a verbal response. Please contact the officer named on the front 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 Members prior to the meeting and made available at the meeting and on the Council’s website.

No questions or statements had been received for the meeting.

a)    To receive presentation of petitions submitted for the meeting

b)    To receive an update on petitions received by the council.

No petitions had been received for receipt or presentation to the meeting in accordance with the timescales set out within the Constitution. A member of the public had on the morning of the meeting sought to submit a petition. Under the Constitution this would be considered at the next meeting, but due to the length of the agenda the Chairman, as an exception, accepted the petition for presentation as requested.

A statement was therefore made by Mr Bruce Moss for a petition regarding works to the B3108 in Winsley.

Councillor Dr Mark McClelland, Cabinet Member for Transport, Waste, Street Scene and Flooding, provided a response detailing previous requests from the Parish Council and the then Community Area Transport Group, public consultation, and the identification of a period for least impact for any closure to the road, and provision of replacement bus services and additional signage. He highlighted the benefits of the works to improve links for cycling and pedestrians.

The Chairman clarified that agenda items 9a, 9b and 9c would all be taken together and that the proposals were to be circulated in an agenda supplement and were displayed at the meeting. The Committee allocations had been prepared following agreement by Group Leaders.

Councillor Richard Clewer, Leader of the Council, proposed the combined appointment motions This was seconded by the Deputy Leader, Councillor Laura Mayes.

The motion was then put to the vote, and it was,

Resolved:

a)    To note the report and the legal requirements.

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

·       Strategic Planning Committee

·       Area Planning Committees: Northern, Eastern, Southern and Western

·       Licensing Committee

·       Overview and Scrutiny Management Committee

·       Children’s Select Committee

·       Environment Select Committee

·       Health Select Committee

·       Standards Committee

·       Audit and Governance Committee

·       Staffing Policy Committee

·       Officer Appointments Committee

·       Electoral Review Committee

·       Appeals Committee

·       Wiltshire Police and Crime Panel (joint with Swindon Borough Council)

·       Wiltshire Pension Fund Committee (joint with Swindon Borough Council)

·       Health and Wellbeing Board

c)    To re-appoint those Area Boards, constituted as area committees under item 9a paragraphs 14 – 16 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. 

e)    To appoint members to the Dorset and Wiltshire Fire Authority, in accordance with the guidance set out in the report.   

f)      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 9a (Appendix 3)

g)    To appoint councillors to serve on those committees in accordance with the agreed scheme of allocations (as set out in Agenda Supplement 2), until the next occasion membership is reviewed under the provisions of the Local Government & Housing Act 1989.

h)    To appoint substitute members (to a maximum of four per group) to the committees referred to in (A) above.

i)      To appoint those councillors representing electoral divisions to their respective area boards as set out 9b Appendix 1.

j)      To note that following delegation by Full Council the Standards Committee appointed the following persons as non-voting co-opted members of the Standards Committee for the remainder of the council term:

·       Gordon Ball

·       Kathy Barnes

·       Joanne Cetti

·       Julie Phllips

k)    To note that Council appointed the following persons as Independent Persons each for a four year term from May 2021:

·       Tony Drew

·       Damian Kearney

·       Patricia Bunch

l)                To note the following non-elected members of the Children’s Select Committee.

To receive a report from the Monitoring Officer.

The Chairman invited Councillor Ashley O’Neill, Cabinet Member with responsibility for governance, to introduce the item.

As detailed in the report the Audit & Governance Committee had requested it be able to appoint up to two Non-Voting Co-opted Members. The appropriate constitution changes had been reviewed and added to by the Standards Committee to provide additional clarity on membership, who recommended Council adopt the proposed changes. The proposal was moved by Councillor O’Neill, seconded by Councillor Mark Connolly, Chairman of the Audit & Governance Committee.

The Chairman then invited comments from Group Leaders.

Councillor Richard Clewer, Leader of the Council, stated he was happy to support the changes. Councillor Ian Thorn, Leader of the Liberal Democrat Group, supported the proposals and awaited the recommendation of the Independent Remuneration Panel on whether the role should receive an allowance. Councillor Ricky Rogers, Leader of the Labour Group, also supported the proposal.

The item was then debated. During debate a minor ambiguity was identified and it was agreed by the movers to include clarifying punctuation, and it was stated that the addition of a trained non-voting Member would be improve the operation of the Audit & Governance Committee.

At the conclusion of debate, with no further comments from the Cabinet Member, and subject to the minor change suggested, it was,

Resolved:

1)    To approve the revisions to Part 3B of the Constitution as set out in Appendix B.

2)    To delegate the appointment of up to 2 non-voting co-opted members to the Audit and Governance Committee and the arrangements for the selection of such members to the Monitoring Officer in consultation with the Chairman of the Audit and Governance Committee.

In accordance with the Constitution there was a recorded vote.

For:             84

Against:      0

Abstention: 3

Details are attached to the minutes. One Member added their verbal vote to the electronic tally of 83.

To receive a report from the Director of Legal and Governance.

The Chairman invited Councillor Ian Blair-Pilling, Chairman of the Electoral Review Committee, to introduce the item. It was explained the Committee had recommended the changing of two parish names at the request of the relevant parish councils, with details as set out in the report. The proposal was moved by Councillor Blair-Pilling, seconded by Councillor Gavin Grant.

The Chairman then invited comments from Group Leaders.

Councillor Richard Clewer, Leader of the Council, supported the proposal. Councillor Ian Thorn, Leader of the Liberal Democrat Group, thanked the Chairman for the work on the Committee and supported the proposals, noting the importance to local people and councils of names and other arrangements. Councillor Ernie Clark, Leader of the Independent Group, supported the proposal, and noted more significant proposals would be forthcoming from the Committee.

The item was then debated. It was requested that the minutes and resolution be clear which parish of Charlton in Wiltshire was having its name change, to be as clear as in the report. Other comments were made regarding if there was any legal impact from making a name change to a parish for instance on agreements they had, and the costs of any reviews taking place and potential cost to parishes.

At the conclusion of debate, the Chairman responded to comments raised in debate. He provided detail of the information gathering that the Committee undertook, confirmed costs of any action was not recovered from parishes, and noted the importance to parishes of their governance arrangements.

It was then,

Resolved:

1)    To approve the name changes for the following parishes and parish councils:

a)    Biddestone to be changed to Biddestone and Slaughterford;

b)    Charlton (near Pewsey) to be changed to Charlton St Peter.

2)    To authorise the Solicitor to the Council to make any necessary legal orders and notifications to enact the above changes

In accordance with the Constitution there was a recorded vote.

For:             82

Against:      0

Abstention: 3

Details are attached to the minutes.

No notives of motion were submitted for this meeting.

No motions on notice were received for the meeting.

To receive an annual report on Overview and Scrutiny activity.

The Chairman invited Councillor Graham Wright, Chairman of the Overview and Scrutiny Committee, to present the Annual Report on Overview and Scrutiny activity.

Councillor Wright provided details of the work undertaken in the past year, both to assist with policy development and hold decision makers to account, with 80% of Cabinet decisions being scrutinised in some form, and 67% of eligible members participating in at least one Scrutiny activity. He gave thanks to officers, members and partners for their collaboration, especially on the many task groups looking at priority matters, and the Vice-Chairman of the Committee, Councillor Christopher Williams. He discussed using metrics and statistics to focus work in effective ways, and discussed particularly the detailed work of the Financial Planning Task Group and the Global Warming and Climate Change Emergency Task Group, which he chaired. He offered thanks to the Chairmen of each Select Committee and highlighted key work they had undertaken.

The Chairman of the Council then moved that the annual report of Overview and Scrutiny be noted. This was seconded by the Vice-Chairman.

The Chairman then invited Group Leaders to comment on the report.

Councillor Richard Clewer, Leader of the Council, noted the importance of Overview and Scrutiny to help understand issues and provide policy suggestions, even if these were not always able to be enacted. Councillor Ian Thorn, Leader of the Liberal Democrat Group, thanked Councillor Wright for his chairmanship over the past year. He noted the importance of overview and scrutiny and urged the council to scrutinise policies as soon as practicable, in order to provide the most assistance. Councillor Ernie Clark, Leader of the Independent Group, offered his thanks, and noted the importance of overview and scrutiny for non-executive members. Councillor Ricky Rogers, Leader of the Labour Group, welcomed the comprehensive report and thanked members who had participated.

Chairmen of the Select Committees were then given the opportunity to comment. During debate Councillor Jon Hubbard, Chairman of Children’s Select Committee, paid tribute to the Scrutiny team, who had gone above and beyond to ensure effective scrutiny activity including across the Covid-19 pandemic. He encouraged members to participate in the process, noting the impact they could have on policy development.

Comments raised in debate included noting the significant work taking place with the Financial Planning Task Group, especially with the financial pressures the council faced. The role of the executive engaging with the Scrutiny committees was raised.

Other comments raised included questioning overview and scrutiny work relating to area boards, in particular if it had looked at grants criteria, and impacts on council workers on recent terms and conditions changes, and whether there was a role for overview and scrutiny on some of those issues.

The Chairman invited Councillor Wright to make any further comments in response to debate. He welcomes discussions with others on future scrutiny work and thanked members for their comments.

Following discussion, it was,

Resolved:

That Council note the Overview and Scrutiny Annual Report.

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

b) Members will be given the opportunity to raise questions to the Chairmen of Committees or regarding the Dorset and Wiltshire Fire Authority on the minutes of their meetings, available here.

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

It was formally noted that there have been no executive decisions taken under special urgency provisions in the last year.

Members were required to give notice of any such question in writing to the officer named on the front page of this agenda no later than 5pm on 3 May 2022 in order to be guaranteed a written response.

Any question received after 5pm on 3 May 2022 and no later than 5pm on 10 May 2022 may only receive a verbal response at the meeting. Any questions received after this date will be received at the next meeting.

Questions may be asked without notice if the Chairman determines the matter is urgent.

Details of any questions received will be circulated to Members prior to the meeting and made available at the meeting and on the Council’s website.

A written response had been provided to question 22-09 from Councillor Bridget Wayman, as detailed in Agenda Supplement 1.

Councillor Wayman commented that the response was misleading in relation to core funding for Areas of Outstanding Natural Beauty (AONB). She considered if the core funding did not increase, they could not employ necessary staff. As a supplementary she asked if the council would find an additional £7k for that budget.

In response Councillor Richard Clewer, Leader of the Council, stated he had sympathy with the position for the AONB. Funding primarily came from central government, and a review from government had proposed significant changes to the ways national parks and AONB should be handled, and he hoped that would include reform of funding. The council was looking to bring together bodies to assist on income generation, and he noted the council had approved its budget at its last meeting, and at the moment he did not think it was appropriate to make adjustments in order to maintain financial prudence.

A written response had been provided to question 22-10 from Councillor Trevor Carbin, as detailed in Agenda Supplement 1.

Councillor Carbin sought details on the further involvement of Wiltshire Council on Project Gigabit.

Councillor Ashley O’Neill, Cabinet Member with responsibility for Broadband, recognised the importance of rural broadband for the Wiltshire economy. Funding for the gigaclear rollout had come to an end, and officer resource was being assigned to work with BDUK, to seek to maximize the number of properties achieved ultrafast broadband, and was preparing materials for engaging communities.