Agenda and minutes

There were no apologies received as all members of the Cabinet were present.

To confirm and sign the minutes of the Cabinet meeting held on 3^rd July 2018, previously circulated.

To correct an error in the publication of the minutes of 12^th June 2018.

The minutes of the meeting held on 3^rd July 2018 were presented.

In addition, the Cabinet was asked to correct an error in the publication of the minutes of the meeting held on 12^th June 2018. The correction referred to minute 245 - Approval to Dispose of the Freehold Interest and where the text of Minute 244 had been replicated at minute 245.

The correct text for Minute 245 is detailed below and the Cabinet was asked to approve an amendment to the minutes of the meeting held on 12th June 2018, as follows:

‘245. Approval to Dispose of the Freehold Interest

Councillor Philip Whitehead presented the report which asked Cabinet to consider declaring that freehold interest of the 2 assets referred to in Appendix 1 can be sold by the Council.

Resolved

1. To confirm that freehold interest of the 2 assets can be sold by the Council.

2. To note the continuing approach set out in paragraph 8

3. To Authorise the Director for Housing and Commercial Development to dispose of freehold interest of the assets, or in his or her absence the Corporate Director for Growth, Investment and Place.

Reason for Decision

To confirm the freehold interests of the assets can be sold in order to generate capital receipts in support of the Council’s capital programme’

Resolved:

i)               To approve as a correct record and sign the minutes of the meeting held on 3^rd July 2018.

ii)             To approve the amended minutes of the meeting held on 12^th June 2018, as detailed above.

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

There were no declarations of interest.

There were no announcements from the Leader.

The Council welcomes contributions from members of the public. This meeting is open to the public, who may ask a question or make a statement. Questions may also be asked by members of the Council.  Written notice of questions or statements should be given to Stuart Figini of Democratic Services by 12.00 noon on Wednesday 19 September 2018. Anyone wishing to ask a question or make a statement should contact the officer named above.

The Leader reiterated the process for public participation at meetings.

1.    Colin Gale asked a number of questions, appended to these minutes, regarding the Everleigh Recycling Centre on behalf of Pewsey Community Area Partnership (PCAP), Campaign to Protect Rural England (CPRE) and Pewsey Parish Council (PPC). Responses had been previously circulated.

Mr Gale then asked a number of supplementary questions on the same matter.  The Cabinet Member for Highways, Transport and Waste responded to a number of these questions in the meeting and agreed to have a full set of responses sent to Mr Gale and appended to these minutes.

2.    Cllr Thorn asked when the Cabinet would be considering the report on ‘Consideration of proposals for the development of special schools in the north of the county’. 

The Leader explained that the report had been deferred from the Cabinet agenda for 9^th October 2018, and a decision when it would be considered would be made shortly.  Councillors and the public would be informed of the date that Cabinet would consider the report once it was known.

 Report by Corporate Director Terence Herbert

Councillor Laura Mayes presented the report which provided relevant information for the Cabinet to make a fully informed decision on whether or not to issue the relevant statutory notice of a closure proposal in relation to Corsham Lypiatt Primary School. The report also provided details of stakeholder responses received by the Council during the consultation conducted between 12th June and 25th July 2018.

The Leader welcomed Carolyn Atkins, Headteacher of Lypiatt Primary School, who spoke about the proposed closure of the school.  The Headteacher commented on the uniqueness of the school, the problems caused by lack of funding and falling pupil numbers, the need to offer pupils some stability, especially those moving to the UK for the first time, and acceptance that the school would close.  The main issue of concern for the Headteacher related to when the closure of the school would take place and she expressed a preference for the end of the academic year 2018/19.

Councillor Ruth Hopkinson expressed her support for and gratitude to the Headteacher for the incredible work undertaken at the school and comments made at the meeting. Councillor Hopkinson reported that she had spent many hours at the school over the years and the Headteacher and staff had generated a unique and inclusive atmosphere.

Councillor Mayes explained that the school is located on the site of the Services Cotswold Centre near Corsham. The Centre provided secure and affordable temporary housing for Service families in need of short term accommodation. The numbers of children attending the school had traditionally been low and currently 27 pupils attended the school.

The main areas of concern to school staff, governors and the Council related to the financial viability of the school. The report detailed how the school was currently funded through a local funding formula and indicated that confirmation had been received from the Ministry of Defence (MOD) that no further grant funding support was available to the school. In the absence of further support, the cabinet noted that the school would have an in-year deficit of £106,000 in 2018/19, rising to £180,000 by 2021/22, with a cumulative deficit of £540,000 by 2021/22.

During a recent pre-statutory consultation which sought viable alternatives to closure, the MOD re-established the Education Support Fund for a limited period. Unfortunately, the bid for additional funding for the school was unsuccessful. 

Councillor Mayes explained that, due to the lack of available funding, unfortunately the school would close with effect from 31^st April 2019, however, if additional funding was available, then ideally the closure should take place at the end of the academic year 2018/19 or later in order to minimise disruption to pupils. She also explained that local stakeholders would be consulted about the appropriate mechanisms to be put in place to support pupils transition to their new schools.

The Leader explained that the preferred option would be for the school to remain open until the end of the academic year, that discussions about the funding issues would continue with the  ...  view the full minutes text for item 274.

Report by Corporate Director Alistair Cunningham

Councillor Philip Whitehead presented the report requesting Cabinet approve the appropriation of land identified in the report from education purposes to public open space to be held as a corporate asset under the Open Spaces Act 1906.

Matters highlighted in the course of the presentation and discussion included: the field previously being used by Fitzmaurice Primary School for recreation purposes; the school confirming that they no longer needed the field, due to the land being detached from the school’s main boundary, concerns about subsidence and anti-social use of the land.

Councillor Ian Thorn expressed his support for the land to be held as a corporate asset.

Councillor John Hubbard indicated that the Children Select Committee had received a briefing from the Estates Officer about the appropriation and the protection in place for the land, including designation as Local Green Space. The Cabinet noted that the Select Committee’s had sufficient input into the report.

The Leader thanked Councillor Hubbard for his comments and the added value provided by the Select Committee.

Resolved:

To approve the appropriation of the land at Poulton Field, Bradford on Avon (as shown on the plan in Appendix 1 of the report) from education purposes to open space to be held under the Open Spaces Act 1906.

Reason for Decision:

Following the decision of Fitzmaurice Primary School that they no longer

require use of the land the appropriation is required to appropriate the field

from education purposes to open space to be held by the Council as a

corporate asset under the Open Spaces Act 1906.

  Report by Corporate Director Dr Carlton Brand

Councillor Richard Clewer presented the report which: informed Cabinet of an approach by Salisbury and South Wiltshire Museum Trust to support a grant bid from the Heritage Lottery Fund (HLF); a recent submission for grant was unsuccessful due to the Museum not being able to demonstrate assured financial backing; and a fresh application would be submitted with help from the Council to improve the Museums chances of success.

The Cabinet noted that the Council had been asked to pledge support of up to £500,000 which could be called upon if the Museums fundraising was not successful. It was clarified that the financial support requested was in the form of a loan which would be repaid to the Council at a later date.

Councillor Stuart Wheeler highlighted that: The Museum had additional space that was underutilised; it had a respectable track record of completing previous projects on time and on budget, and he was confident in the ability of the Museum to deliver on this project and achieve funding from the HLF.

The Leader explained that Salisbury had been highlighted as a venue for national art exhibitions touring the country as part of the Salisbury recovery plan.

In response to a series of questions raised by Councillor Stewart Palmen about Council support for other Museums in the County, in particular Trowbridge Museum who had achieved a similar expansion plan, Councillor Clewer stated: that it was unfortunate that grants were no longer available for Trowbridge Museum and halved for Salisbury Museum, however, he congratulated Trowbridge Museum for achieving grants from a variety of sources including the HLF; it was the aim of the Council for all the county museums to achieve parity.  

In response to further questions at the meeting about funding for Salisbury Museum, Councillor Matthew Dean confirmed that Salisbury City Council provide an annual grant to the Museum.

Councillor Ian Thorn indicated that the Financial Planning Task Group were supportive of the proposed financial commitment in light of the Salisbury recovery effort.

Councillor Clewer confirmed that requests for support would be considered by the Council on a case by case basis, in this instance, the Cabinet was being asked to consider the request from Salisbury Museum.

Resolved

i)             To approve the request for a pledge of financial support as set out in the report;

ii)            To consider the form of assistance at the end of the two year project preparation period and in the meantime, to earmark £500k from reserves. A further report will be made to Cabinet at that time.

iii)          To delegate authority to the Council’s S151 Officer to:

a.    To approve and enter into a letter of intent or similar document demonstrating the Council’s intention to grant or loan up to a maximum of £500,000 for the project; and

b.    To approve and enter into a formal grant agreement or loan agreement at the relevant time in approximately 2 years, up to a maximum of £500,000 for the project and otherwise on the terms set out  ...  view the full minutes text for item 276.

Report by Corporate Director Dr Carlton Brand.

Councillor Philip Whitehead presented the report which advised the Cabinet of: the revenue and capital budget monitoring positions as at the end of period 4 (31 July 2018) for the financial year 2018/19 with suggested actions as appropriate; and the position of the 2018/19 capital programme, as at period

4 (31 July 2018), including budget changes.

Matters highlighted in the course of the presentation and discussion included: comments about the general fund variance forecast of £2,558m if no further action was taken; the significant impact on senior capacity within the Council of the Salisbury incident; additional grant income from business rates; the difficulty in forecasting so early in the year given the short period of activity in services, particularly demonstrated with demand led services such as Children, Adults and Waste; recognition by the Corporate Leadership Team of the need to bring expenditure in line with the approved budget was a major priority; and changes to the Capital budget and the reprogramming of £9.520m between 2018/19 and 2019/20.    

Cllr Ian Thorn, Chairman Financial Planning Task Group thanked Councillor Whitehead for meeting with the task group and referred to: the latest assessment on the deliverability of savings summarised in the report and welcomed Councillor Whitehead’s confidence about how the savings would be achieved; and the receipt of higher than expected general Government Grants, particularly in respect of £7.2m from business rates. 

Councillor Whitehead, in referring to the financial restrictions, explained that although officers made difficult decisions, there were opportunities and managing the council’s budget in a positive way was key.  

Resolved

i)             To note the outcome of the period 4 (end of July) budget monitoring and to approve all revenue budget amendments outlined in the report in appendix B.

ii)            To reinforce the need for expenditure to be contained within the budget agreed in February 2018.

iii)          To note:

a.    the budget movements undertaken to the capital programme shown in appendices E and F of the report; and

b.    the reprogramming of £9.520 million capital budget between 2018/19 and 2019/20.

Reason for Decision:

To inform effective decision making and ensure a sound financial control environment.

To inform Cabinet of the position of the 2018/19 capital programme as at Period 4 (31July 2018), including highlighting any budget changes.

Report by Corporate Director Dr Carlton Brand. 

Councillor Philip Whitehead presented the report which provided an update on the progress against the stated aims in the council’s Business Plan. It included measures from the corporate performance framework as well as the latest version of the council’s strategic risk register and covered the period April to June 2018.

In response to questions raised by Councillor Ian Thorn, Councillor Jerry Wickham stated that the number of people supported by the Help to Live at Home Programme had remained fairly static over the last 12 months; the aim of the Programme was to increase the number of packages for people continuing to live at home and therefore reducing the number of people using residential care homes; reminded the cabinet that reablement commenced from May 2018 and the number of packages would start to rise; numbers of people requiring adult care services remaining static, and preventative measures working if the numbers of people requiring adult social care reduced.

In response to a question raised by Councillor Ian Thorn, Councillor Philip Whithead commented on how the graphs and arrows accompanying the graphs in the report should be interpreted.

Resolved

To note updates and outturns

i)             against the measures and activities ascribed against the council’s priorities.

ii)            to the strategic risk register.

Reason for Decision:

The current corporate performance framework compiles measures used to monitor progress in service areas against planned objectives that relate to the

goals laid out in Wiltshire Council’s current Business Plan 2017-27.

The strategic risk register captures and monitors significant risks facing the

council: in relation to significant in-service risks facing individual areas and in

managing its business across the authority generally.

 Report by Corporate Director, Alistair Cunningham.

Councillor Toby Sturgis presented the report which asked Cabinet to declare that freehold interest in 3 assets referred to in Appendix 1 of the report can be sold by the Council.

The Cabinet noted that the Council continually reviewed and rationalised its assets portfolio in order to identify assets where freehold interest can be considered for sale. The 3 assets referred to in the report were considered to be surplus to the Council’s operational requirements and recommended that they are added to the disposals list and progressed to sale in support of the council’s wider capital programme.

In response to questions raised by Councillor Allison Bucknell, the Director for Economic Development and Planning confirmed that there would be an opportunity to market the Manor House, Royal Wootton Bassett for community uses; that engagement with the current tenants had not commenced as there were a number of outstanding issues to be resolved and that Members would be kept informed of developments with current tenants.

In response to a question raised by the Leader, Councillor Sturgis explained that any change of use would be subject to planning approval and conditions could be attached to any planning approval to encourage community use.

Councillor John Hubbard declared that he was the local member for 56a Spa Road, Melksham and also the Chair of the Board of Trustees for the Canberra Youth Centre and a Trustee for the Canberra Children’s Centre, both located adjacent to the site. He suggested that the future use of this premises should be compatible with the current uses of the Youth Centre and Children’s Centre.  

Resolved

i)             To confirm that the freehold interest of the 3 assets, detailed in Appendix 1 to the report, can be sold by the Council.

ii)            To note the continuing approach to disposals set out in paragraph 8 of the report.

iii)          To authorise the Director for Housing and Commercial Development to dispose of the freehold interest in the assets or in his or her absence the Corporate Director for Growth, Investment and Place.

Reason for Decision:

To confirm the freehold interest in the assets can be sold in order to generate

capital receipts in support of the Council’s capital programme.

 Report by Corporate Director Alistair Cunningham

Councillor Bridget Wayman presented the report to Cabinet which highlighted the implications of the new highways maintenance Code of Practice published by the Department of Transport in October 2016, and asked Cabinet to approve the adoption of the Wiltshire Highways Safety Inspection Manual (WHSIM) and related highways policies.

The Cabinet was informed that a review of the Council’s highways maintenance activities had been undertaken in view of the new Code of Practice. The review indicated that most of the Code’s recommendations had already been complied with, or were being implemented in connection with the Peer review and Incentive Funding assessments. However, the Council’s Highways Inspection manual needed to be updated to conform to the new Code.

Councillor Toby Sturgis commented on the colour of lines used by the Council and utility companies to indicate repairs or work on the road network and suggested that a glossary of line colours employed by the council and their meaning to be included in the manual. He also highlighted that the Council needed to be more stringent in requiring utilities to use A board signs when undertaking road repairs to show which utility company is carrying out the work. 

Councillor Matthew Dean reported that the Environment Select Committee considered the report at its meeting held on 4^th September and the Committee supported the reports proposals, subject to some minor amendments. He also commented on; the condition of the county’s A, B and C road network in comparison to the national and south west regional network; welcomed the risk management approach contained in the manual; consideration of the lifecycle costs of repairs to the network and delivery of value for money. 

The Cabinet commented on the continual need to promote the ‘My Wiltshire’ app for reporting highway defects in light of the savings achieved compared to the traditional methods of phone or letter;

Mr Gale commented on the criteria for the use of temporary speed indictor devices and how it appears that a number of parish and town councils were exceeding the 14-day deployment period.

Resolved

i)             To adopt the proposed Wiltshire Highways Safety Inspection Manual, set out in Appendix 1 to the report, to be used for highway safety inspections from 1 November 2018.

ii)            To adopt the amended Skid Resistance Policy, as set out in Appendix 3 of the report.

iii)          To approve the highway policies set out in Appendices 4 and 5 of the report.

iv)          That the Director, Highways and Transport, in consultation with the Cabinet Member, Highways, Transport and Waste, be authorised to make any appropriate and legally necessary amendments to the policies and inspection manual referred to above.

v)            That the Director, Highways and Transport prepare a glossary of line colours employed by the council and their meaning to be included in the Wiltshire Highways Safety Inspection Manual.

vi)          That Councillors and public be encouraged to contact the Council where the use of temporary speed indictor devices were exceeding the 14-day deployment period.

Reason for Decision:  ...  view the full minutes text for item 280.

 Report by Corporate Director Alistair Cunningham.

Councillor Bridget Wayman presented the report seeking Cabinet approval for the invitation of tenders for a single supplier to provide Wiltshire’s Consultancy services when the current Consultancy Contract comes to an end on 30 November 2019.

Councillor Matthew Dean, Chairman of the Environment Select Committee, reported that the Committee considered the report at its meeting held on 4^th September 2018 and asked for the ‘climate change considerations’ section to be placed nearer the front of the draft report, due to the fact that they felt the environment was an important element. The Committee supported the proposals detailed in the report.

Resolved

i)             That tenders be invited for a single supplier to provide Wiltshire’s Consultancy Services from 1 December 2019.

ii)            That the contract be tendered in accordance with the Council’s procurement procedures, for a duration of five years with the option to allow the service manager to extend the contract for up to two more years subject to performance.

Reason for Decision:

There is a need for specialist advice and support in connection with roads, bridges and related services, and this would be most economically provided by a Highways Consultancy Contract.

There were no urgent items.