Agenda and minutes

Apologies were received from Cllr John Thomson.

To confirm and sign the minutes of the Cabinet meeting held on 9^th October 2018, previously circulated.

The minutes of the meeting held on 9 October 2018 were presented.

Resolved:

To approve as a correct record and sign the minutes of the meeting held on 9 October 2018.

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

The Leader explained the approach to public participation for the Special Schools item.

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 21^st November 2018. Anyone wishing to ask a question or make a statement should contact the officer named above.

Colin Gale raised a question on the minutes of the previous meeting in relation to the decision on Everleigh Household Recycling Centre, it was commented the reason for the decision recorded in the minutes did not reflect the conclusion at the meeting. Cllr Wayman responded she was satisfied the reason in the minutes was an accurate record and this would be checked with the Legal team. 

Anne Henshaw expressed concern that Wiltshire’s Local Plan did not include a policy to protect the area of land around Junction 17 of the M4 from unsustainable development. Cllr Sturgis advised the review of the Local Plan was still in progress and a written response to questions was to follow.

Cllr Jon Hubbard asked a supplementary question on the expansion of Melksham Cemetery. The Councillor asked when the facility would be available and would this include being open to the Muslim community. Cllr Wyman responded the facility would be available in the New Year 2019 and available to the Muslim community.

    Report by Corporate Director Terence Herbert

Cllr Laura Mayes thanked members of the public that had taken the time to attend the meeting and responded to the consultation on the proposals for Special Schools. The Cabinet member gave a presentation which set out proposals for special schools and advised that surgeries would be available to families affected by the decision to meet with the Council and discuss how the plans would affect them. Cllr Mayes explained the proposal was to invest £20 million in a purposed built Centre of Excellence at Rowde, to accompany provision at Exeter House in Salisbury. The Special Schools Larkrise and St Nicholas would stay open until the new school is built in 2023, with staff and pupils transferring to the new Centre of Excellence. The changes were necessary due to increased demand for specialist SEND provision, increased pupil population as a result of Army Rebasing and additional statutory responsibilities on the local authority. In total an additional 120 school places were needed for specialist SEND provision, and this was to be met by the expanded centre in Rowde.

The Cabinet member explained there was overcrowding in the current schools and the best option was to expand the school site at Rowde.  Cllr Mayes highlighted the investment was an opportunity to improve the quality of education for those in a Special School setting, as well as improving opportunities for pupils with SEND in mainstream schools. The councillor outlined that Rowde was the ideal site for expansion due to its location and excellent community links. The councillor was confident an expanded site in Rowde would give the best opportunity for travel times to the majority of pupils and families. It was explained the expanded site would keep its small, safe setting by separate small learning areas on the site, landscaped to maintain a ‘countryside’ feel and additional therapy facilities would also be available at the school.  The presentation was concluded by the reading of letter from a parent which expressed support for the proposal. Finally, the councillor informed the meeting, the next step for proposals was to engage in statutory consultation and to bring the matter for final decision by Cabinet in March 2019, families would also be offered a personal travel plan to support the transition to a new school.

The Leader invited statements and questions as detailed below:

Mike Loveridge (Head of Rowdeford School), thanked stakeholders for showing support for the school and spoke in support of the school’s education provision and outdoor learning approach. The Head spoke in support of the expansion of the school and stated he would work with Wiltshire Council to support the success of the school.

The Vice Chair of Governors (Rowdeford School), also spoke highly of the school.

June Flemming-Simms spoke on behalf of parents with pupils at Larkrise School who wanted the school retained in the town, and expressed concern over the impact of increased school travel time on SEND children.

Phil Cook (Head of Larkrise School) spoke about Larkrise’s work to form links  ...  view the full minutes text for item 300.

    Report by Corporate Director Dr Carlton Brand

Cllr Jerry Wickham introduced a report on the extension of Intermediate Care Bed Service contracts for a further 12 months beyond March 2019 to enable a full Wiltshire bed review to be completed in order to ensure that the appropriate number and type of beds were commissioned across the system.

Cllr Thorn highlighted this was the second extension and considered that issues should have been addressed during the first extension period.  The councillor was disappointed to find patients referred to as customers in the report. The Cabinet confirmed that patients were very much considered as real people and were taken seriously. Legal advice was that the Council could proceed with a contract extension.

Resolved:

To approve an additional extension of the Intermediate Care Bed Service contracts as an exception for a further 12 months;

To delegate authority to the Corporate Director with responsibility for Adult Care to approve the contract variations needed to achieve the above;

To note a full review of bed based services will commence in September for completion in February. This will inform discussions with all providers, including the residential, nursing and intermediate care block providers, and then clearly identify how many and what type of beds will need to be commissioned. Time will be needed to fully engage with the market.

Reason for decision:

The current Intermediate Care bed service contracts will expire on 31st March 2019; this decision approves an additional extension of these contracts as an exception for a further 12 months to enable a full Wiltshire bed review to be completed in order to ensure that the  appropriate number and type of beds are commissioned across the system.

    Report by Corporate Director Dr Carlton Brand

Cllr Jerry Wickham presented proposals to extend the current contracts for supporting living, floating support and supporting housing for customers with a learning disability or mental health need. The Cabinet member highlighted the proposal had been subject to a Rapid Scrutiny exercise.

Cllr Hubbard expressed concern that the proposal was an extension of an already extended contract.  In response, it was explained this extension was part of adult social care transformation process, and it was legal and sensible to build extensions into a contract.

Resolved:

To extend the contractual agreements detailed at Appendix 1 of the report until 31 August 2019;

To delegate authority to the Corporate Director with responsibility for Adult Care to approve:

a) the contract variations needed to achieve the above within the approved budget;

b) the award of contracts within the approved budget following required tender processes

Reason for decision:

This extension is being requested for the following reasons to allow sufficient time to:

- consult with customers and providers around current services and to coproduce new service specifications for future services

- Undertake an accommodation review and develop a strategy

- carry out thorough research across other local authorities, and develop how we wish to commission and tender for these services from 1 July 2019

- allow sufficient time to allow any required tender processes to take place in keeping with procurement regulations.

- take into account that we have fragile market places that may take some time to shape and for relationships to be sufficiently developed to maximise opportunities

- ensure we are aligned on the future pathway with services and approaches as required by LD and MH transformation work to ensure services commissioned are fit for future purpose

There were no urgent items,  however members expressed thanks to colleagues and officers for their support in agreeing a sustainable solution for Assize Court in Devizes.

This is to give further notice in accordance with paragraph 5 (4) and 5 (5) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 of the intention to take the following item in private.

To consider passing the following resolution:

To agree that in accordance with Section 100A(4) of the Local Government Act 1972 to exclude the public from the meeting for the business specified in Item Numbers 13 and 14 because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in  paragraphs 3 and 5 of Part I of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.

Reason for taking item in private:

Paragraph 3 - information relating to the financial or business affairs of any particular person (including the authority holding that information).

Paragraph 5 - information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

Resolved:

To agree that in accordance with Section 100A(4) of the Local Government Act 1972 to exclude the public from the meeting for the business specified in Minute Number 307-308 because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in paragraphs 3 and 5 of Part I of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.

    Report by Corporate Director Dr Carlton Brand

This item is exempt due to financial and legal information provided in the appendices.

Resolved:

To approve an additional extension of the Intermediate Care Bed Service contracts as an exception for a further 12 months;

To delegate authority to the Corporate Director with responsibility for Adult Care to approve the contract variations needed to achieve the above;

To note a full review of bed based services will commence in September for completion in February. This will inform discussions with all providers, including the residential, nursing and intermediate care block providers, and then clearly identify how many and what type of beds will need to be commissioned. Time will be needed to fully engage with the market.

Reason for decision:

The current Intermediate Care bed service contracts will expire on 31st March 2019; this decision approves an additional extension of these contracts as an exception for a further 12 months to enable a full Wiltshire bed review to be completed in order to ensure that the  appropriate number and type of beds are commissioned across the system.

    Report by Corporate Director Dr Carlton Brand

This item is exempt due to financial and legal information provided in the appendices.

Resolved:

To extend the contractual agreements detailed at Appendix 1 of the report until 31 August 2019;

To delegate authority to the Corporate Director with responsibility for Adult Care to approve:

a) the contract variations needed to achieve the above within the approved budget;

b) the award of contracts within the approved budget following required tender processes

Reason for decision:

This extension is being requested for the following reasons to allow sufficient time to:

- consult with customers and providers around current services and to coproduce new service specifications for future services

- Undertake an accommodation review and develop a strategy

- carry out thorough research across other local authorities, and develop how we wish to commission and tender for these services from 1 July 2019

- allow sufficient time to allow any required tender processes to take place in keeping with procurement regulations.

- take into account that we have fragile market places that may take some time to shape and for relationships to be sufficiently developed to maximise opportunities

- ensure we are aligned on the future pathway with services and approaches as required by LD and MH transformation work to ensure services commissioned are fit for future purpose

    Report by Corporate Director Alistair Cunningham

Cllr Clewer presented a report to dispose of the free hold of service based assets to small Town and Parish Councils, complementing the Service Devolution and Asset Transfer Policy. The Cabinet member also advised the Council was recruiting additional staff to speed up the asset transfer process. Examples of the assets to be transferred were small car parks and public conveniences.

Councillors welcomed the decision however requested further details for the timescales for transfers in their areas, the Cabinet member advised he would give timescales when new solicitors were in post. Typographical errors in the report were confirmed, in particular that throughout the process of asset transfer officers would keep elected members informed by advising that discussions were being held with their respective parish council and informing the Cabinet member that transactions had completed

Resolved:

To approve the freehold and long leasehold disposal of the service based assets identified to smaller Town and Parish Councils, subject to the criteria being met in each instance.

To authorise the Head of Strategic Assets and Facilities Management to dispose of freehold or long leasehold interest of the assets.

Reason for decision:

Following the approval of the Service Devolution and Asset Transfer Policy a programme for packages of transfers is being established. The Council is receiving a number of small scale requests from, predominantly, Parish Councils and the approach set out in this report will allow the Council to deal with those small scale requests in conjunction with the programme established under the Service Devolution and Asset Transfer Policy in a timely and effective manner.

    Report by Corporate Director Alistair Cunningham

Cllr Toby Sturgis presented a report proposing assets surplus to the Council’s operational requirements and to be added to the list for disposals. Details of each site were provided, in particular the requirements at St Stephens Car Park.

Lance Allan, Trowbridge Town Council, required further detail to clarify whether an option for free parking would be available to a new owner of St Stephens Car Park. Cllr Sturgis responded the parking charges were to be determined by the new owner, but must not exceed an upper limit.

Cllr Payne requested detail how much money the council had spent since April 2009 to maintain the St Stephens car park. Cllr Kirk suggested the car park had been left as a public resource and requested further detail on the arrangements. Cllr Sturgis responded that nothing had been agreed as yet for a future buyer. Baroness Scott suggested a briefing be arranged for Trowbridge councillors to receive answers to detailed questions.

Cllr Thorn questioned why the car park could only be available for freehold purchase by the shopping centre, the open market value, and the impact of a special-purchaser arrangement. Cllr Sturgis advised open market value was limited. It was confirmed a special-purchaser would be in control of the covenant.

Lance Allan expressed concern at the proposal for Manvers House and recommended that public open space also be considered as part of the decision. Cllr Sturgis confirmed open space could be considered, this proposal was just the initial decision.

Resolved:

To confirm that freehold interested of the 4 assets can be sold by the Council;

To note the continuing approach set out in paragraph 8 of the report;

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.

To request a briefing is provided for all Trowbridge Area Board members to discuss further the arrangements for St Stephen’s Car Park.

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.