Agenda and minutes

An Apology for absence was received from Cllr John Noeken, Cabinet member for Resources.  An apology for absence was also received from Cllr Allison Bucknell, Portfolio Holder for Customer Care.

To confirm and sign the minutes of the Cabinet meeting held on 14 December 2010 as circulated.

The minutes of the meeting held 14 December 2010 were presented and it was,

Resolved:

To approve and sign the minutes of the Cabinet meeting held on 14 December 2010 as a correct record.

No announcements were made.

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

Cllr Richard Beattie, Portfolio Holder for Economic Development and Tourism declared a personal interest in the items on Future Support for Tourism by virtue of his position as the Council’s nominated representative on the Visit Wiltshire Partnership Board.

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. Written notice of questions or statements should be given to Yamina Rhouati of Democratic Services by 12.00 noon on Friday 21 January. Anyone wishing to ask a question or make a statement should contact the officer named above.

The Leader explained that as usual, she would be happy to allow members of

the public to speak at the start of each item if they wished to do so.

Public participation which included questions and statements took place during consideration of the report on the Library Review as referred to at minute number 8 and the item on the Future Support for Tourism as referred to at minute number 15.

The Leader reported receipt of a question from Mr Michael Sprules, Chairperson of Residents Against Development Affecting Recreational Land (RADAR) in respect of speculative planning applications by developers in the context of the emerging Draft Core Strategy.

The Leader referred to the question as circulated together with the response from Cllr Brady, Cabinet member for Economic Development, Planning and Housing.

In response to a query from Mr Sprules on the treatment of speculative planning applications, the Leader explained that each planning application was subject to a due process which was both open and transparent and considered and determined on its own merits. Cllr Brady undertook to provide details to Mr Sprules of the due process that was followed and how the public, particularly concerned residents  could engage in the process.

Report of the Chief Executive is circulated.

The Leader presented the Annual Audit Letter from the Council’s external auditors, KPMG. The Letter summarised the key issues arising from the 2009/10 audit of the Council. The audit had been carried out in accordance with the requirements of the Audit Commission’s Code of Practice which required KPMG to review and report on the use of resources and on the annual accounts. Cabinet’s attention was drawn to a summary on these key areas.

An unqualified value for money conclusion had been made with KPMG being satisfied that proper arrangements were in place for securing economy, efficiency and effectiveness in the Council’s use of resources. An unqualified opinion was also given on the annual accounts with KPMG being satisfied that they gave a true and fair picture of the Council’s financial position.

KPMG acknowledged the difficulties of introducing and embedding a new financial system (SAP)  but noted that the control and operational issues needed to address them  were now in place and were much improved from earlier in the year.  KPMG was satisfied that the Council had made good progress in addressing recommendations made during the interim audit.

The covering report included the Chief Executive’s response to the Letter in which he explained he was pleased with the positive report and feedback from KPMG. He also stated that it was reassuring to get an impartial view that the Council had made significant improvements and was heading in the right direction and referred to the significant challenges the Council was facing.

The Letter had also been considered by the Standards and Audit Committees in the context of their respective own work programmes and interest. Relevant extracts from the minutes of those meetings presented to Cabinet.

The Leader emphasised that this was a very positive audit especially in the context that this was in respect of the first year of the Council following transition to a unitary authority.

Cllr Jeff Osborn, Chairman of the Organisation and Resources Select Committee drew Councillors’ attention that the Select Committee and Audit Committee had arranged a Seminar for Councillors to update them on the SAP system. The Seminar would be held on 16 February 2011 at 9.30am.

Resolved:

That Cabinet welcomes the Annual Audit Letter and asks the Chief

Executive to review any outstanding recommendations covered by the Letter and include them in the Council’s business planning processes.

Report of the Corporate Director, Children and Education is circulated.

Cllr Lionel Grundy OBE, Cabinet Member for Children’s Services presented a  report on the outcome of OFSTED’s assessment of the performance of children’s services within Wiltshire.  The rating letter from Ofsted was also presented.  The Wiltshire rating was assessed as ‘Performs Well’ and Carolyn Godfrey, Director of Children and Education and her team were congratulated for their continued hard work and efforts in securing improved outcomes for children in Wiltshire.

Whilst this was an improved rating, Cllr Grundy acknowledged that the letter had identified key areas for further development and explained that work was ongoing to:

• improve the overall quality of childminding
• improve primary schools so that more are good or better and
• close the gap in attainment between the majority of 11 year olds and those from low income families as well as those with special educational needs.

Cllr Grundy explained that notwithstanding the above, he was delighted with such a positive rating and emphasised that services for children in Wiltshire were continuously improving

Other Councillors accepted that improvements had been made but warned of complacency and highlighted areas where further improvements were still needed. The Director for Children and Education explained that the rating was the result of an unannounced inspection and that issues highlighted were relatively minor and were being addressed through an action plan which could be made available for the purposes of scrutiny.

The Leader explained that additional resources were being proposed in the budget for children and education services for which she hoped there would be support.

It was noted that the Council’s role as a Local Education Authority was a changing one especially with the advent of the academies structure.

Resolved:

That Cabinet note the contents of the report and the rating letter from OFSTED dated 9 December 2010.

Reason for Decision

To inform Cabinet of the outcome of the OFSTED assessment of Children’s Services in Wiltshire.

  Report of the Corporate Director, Community Services is circulated.

Public Participation

Questions

The Leader reported receipt of questions from Mr Arthur Lomax and Mrs Barbara Lomax who separately sought a reclassification of Tisbury library and sought an assurance that the services of the Librarian would be retained. The questions and responses from Cllr Thomson, Cabinet member for Adult Care, Communities and Libraries were circulated.

Statements

Mrs Sandra Harry on behalf of Tisbury Parish Council provided a statement as circulated at the meeting and although generally supportive of the initiative expressed concerns over the timescale for implementation. She also explained her Council’s aspirations for and extended and much improved library.

Mrs Rachel Hyde made a statement in which she expressed concerns over any measures to reduce library provision at Mere.

A statement supplied by Jackie Hopkins was circulated opposing any measures to reduce library provision at Mere.

The Leader read out a statement provided by Rev Hazel Barkham opposing any reduction in service at Mere Library.

Prior to the public participation outlined above, Cllr Thomson presented a comprehensive report on the outcome of the review of library services and sought Cabinet approval of the proposals contained therein. The report proposed a positive vision and strategy for the library service in Wiltshire, following wide ranging consultation, details of which were outlined in the report. It would enable the Council to provide a professional, comprehensive library service, using funding more efficiently, keeping customer satisfaction levels high and reduce operating costs. It also responded to the challenges facing the Council following the reduction in central Government funding and contributed to the broader goals of the Council and Big Society objectives.

Cllr Thomson stressed that given the rural setting of the County the mobile library service would be retained and that the proposals did not involve closure of any libraries.

To achieve the vision, make the savings required and open up a wide range of opportunities for volunteers and communities to extend provision from a standard set of hours would require the introduction of self service using Radio Frequency Identification (RFID) technology for which there would be set up costs as detailed in the report.

Investing in RFID technology would enable the Council to provide:

·         21 Council operated libraries

·         5 mobile libraries including a special service mobile

·         10 libraries operated in partnership with local communities funded, supported and stocked by the Council

·         Opportunities for volunteers to extend the opening hours available at many local libraries and to make best use of staff to keep libraries open for core/streamlined hours

·         12% budget savings of £505k achievable in 2 years as part of the Comprehensive Spending Review

·         Increased opportunities for financial transactions between the Council and its customers.

The library service would work with communities and GROW, the Community Voluntary Service to enhance community support on volunteering projects. Based on current numbers of volunteers, Cllr Thomson was confident that sufficient volunteers would be available to extend opening hours.

Cllr Thomson made a couple of amendments to the proposals as presented. In response to consultation responses  ...  view the full minutes text for item 187.

Report of the Corporate Director, Neighbourhood and Planning is circulated.

Cllr Dick Tonge, Cabinet Member for Highways and Transport referred to the Council’s initiative to delegate services to town and parish councils. As part of this initiative, an agreement had been reached with Salisbury City Council to delegate the cleaning of Wiltshire Council owned public conveniences and parts of the street cleansing function within the City of Salisbury to Salisbury City Council.

Cllr Tonge presented a report which sought approval to transfer up to nine full time and five part time employees of Wiltshire Council under TUPE Regulations to Salisbury City Council to effect this delegation.

Resolved:

(a)       That Cabinet:

(i)                 approve the transfer of up to nine full time and five part time employees of Wiltshire Council under TUPE Regulations to Salisbury City Council and

(ii)               Delegates authority to the Director of Neighbourhood and Planning to progress and conclude the transfer of the Council’s employees as required.

(b)       The constitutional requirement which reserves approval of transfer of employees in or out of the Council to Cabinet be reviewed to allow for delegation as appropriate.

Reasons for decisions:

To enable the Council to delegate services to Salisbury City Council as part of its initiative to Delegate Services to Town and Parish Councils and to ensure the ongoing success of delegated services by managing the transition process effectively and fully supporting those affected during this period.

 Report of the Corporate Director, Community Services is circulated.

Cllr John Thomson, Cabinet Member for Adult Care, Communities and Libraries presented a report which sought in principle Cabinet approval of an Older People Accommodation Development Strategy, details of which were also presented.

The Strategy provided indicative proposals that would enable the Council to deliver a single integrated older people’s accommodation system in Wiltshire working in partnership with the public, private and voluntary sectors.

The overarching Strategy which if approved would be in place for the next ten years would enable the development of some 715 units of new, mixed tenure extra care housing to meet identified needs in 16 communities. It proposed a review of existing sheltered housing stock throughout the County to ensure it was meeting current and future needs. It also proposed measures to ensure that private sector initiatives contributed to achieving the Council’s desired outcomes for older people in the County.

An indication was given of the facilities to be provided in each of the community areas as a result of the Strategy, details of which would be presented to the respective Area Board.

Cllr Mike Hewitt presented the report of the Rapid Scrutiny Task Group held on 19 January 2011 into the Strategy which included a number of recommendations. The Task Group had acknowledged the need for significant investment in older people’s accommodation in Wiltshire and the financial savings and improvements to people’s lives that could be achieved through this programme of work. It also acknowledged the scale and complexity of the project and the work already done by officers and the Cabinet member and Portfolio Holder. A revised Communications Strategy was presented in response to recommendations made by the Task Group. Cllr Thomson explained that the recommendations made had either already been acted upon or would be.

During debate a number of Councillors whilst supportive of the general principle, expressed concern over how facilities could be configured within their respective Divisions. Councillors  also emphasised the need for effective communications on the implementation of the Strategy to include consultation with the local Division member.  Cllr Thomson emphasised that this was about approving, albeit in principle, the overarching Strategy and that consultation would of course be undertaken on any site specific proposals at the appropriate time. He offered the services of the DCS team to provide further clarification on request.

Resolved:

That Cabinet:

(a)                 approve the Older People Accommodation Development Strategy attached as presented at Appendix 1;

(b)                    authorise the procurement of a Preferred Development Partner Framework, the term of the framework to be 10 years, in conjunction with Devon County Council, including the principle of the assembly of parcel(s) of land for disposal.  An additional report will be presented to the Capital Assets Committee and Cabinet once the tender exercise has been conducted;

(c)                     approve the principle of the closure of existing facilities and the associated re-housing of residents into alternative facilities.  Displaced residents will be able to move back to redeveloped facilities on the original site where they lived if there is a new  ...  view the full minutes text for item 189.

Report of the Director, Department of Neighbourhood and Planning is circulated.

Cllr Toby Sturgis, Cabinet Member for Waste, Property and Environment presented a report which sought Cabinet approval of an Energy, Change and Opportunity (Eco) Strategy, details of which were also presented. Cllr Sturgis confirmed that the Environment Select Committee had been involved in the development of the Strategy and was fully supportive of it.

This  represented the Council’s first strategy to address energy resilience and the effects of climate change following the report to Cabinet in June 2010. That report had highlighted the Council’s responsibilities relating to climate change and carbon reduction.

The report set out the background to the drawing up of the Strategy which included reference to the Council having signed the Nottingham Declaration on climate change. The decision to do so had been ratified by Council in September 2009 when it also reaffirmed the Council’s commitment to tackling the causes and effects of climate change and signed up to the 10:10 campaign.

The scope of the Strategy included both council services and Wiltshire as a whole in relation to those aspects of Wiltshire life that the Council could influence eg planning, transport, flood management and community engagement.  The Strategy set out where we are now, where we want to get to and the general approach for how we are going to get there. As a minimum various actions plans as mentioned in the report would be produced by the end of the year.

In response to a question, clarification was given over news reports that the Council had been fined quite substantially over its carbon emission rates. It was explained that this was not in fact a fine. The council was required to buy carbon credits in advance with the money recycled to the Council according to its success in reducing emissions. However, the Government had changed the rules and decided not to return any of the credit funding to large public and private sector organisations

Resolved:

That Cabinet:

(a)               approves the framework Energy, Change and Opportunity (ECO) Strategy set out in Appendix 1 of the report presented;

(b)              agrees that the Climate Change Board should oversee the delivery of the Strategy and be renamed the Energy, Change and Opportunity (ECO) Board and

(c)               agrees that the ECO Board should be responsible for approving and monitoring delivery against the following Action Plans to be developed during 2011 and 2012 under the framework Strategy:

                       (i)            Carbon Management Plan for the Council’s emissions

                     (ii)            Climate Change Adaptation Plan for Wiltshire

                   (iii)            Low Carbon Transition Plan for Wiltshire

                   (iv)            Renewable Energy Action Plan for Wiltshire

Reasons for Decisions

(i)                 Given the wide range of responsibilities that local authorities have relating to climate change, it is necessary to have a robust framework for discharging these responsibilities in the form of a strategy.

(ii)               The Climate Change Board was established in July 2009 with the aim of overseeing the Council’s Climate Change work programme.  It is well placed to monitor progress as it is chaired by the Cabinet Member for the Environment  ...  view the full minutes text for item 190.

Report of the Interim Chief Finance Officer is circulated.

Cllr Fleur de Rhe-Philipe, Cabinet Member for Finance, Performance and Risk

presented a report on the interim Treasury Management Strategy for the period 1 April to 30 September 2010 to provide an opportunity to review the Strategy.

The report confirmed that there had been no major variations from the Strategy for this period and no action was therefore required.

Resolved:

That Cabinet note the report in line with the Treasury Management Strategy.

Reason for Decision

The report was a requirement of the Council’s Treasury Management Strategy.

Report of the Interim Chief Finance Officer is circulated.

Cllr Fleur de Rhe-Philipe, Cabinet Member for Finance, Performance and Risk

presented a report on the Treasury Management Strategy for 2011/12 for Cabinet’s consideration and if accepted, for onward recommendation to Council on 22 February 2011.

The Strategy in particular covered the following areas:

• The Prudential and Treasury Indicators for the next three years;
• Other debt management decisions required for 2011/12 that do not feature within the indicators and
• The Annual Investment Strategy for 2011/12

Recommended to Council:

(a)       To adopt the Prudential and Treasury Indicators (Appendix A of the report presented).

(b)       To adopt the Annual Investment Strategy (Appendix B).

(c)       To delegate to the Chief Finance Officer the authority to vary the amount of borrowing and other long term liabilities within both the Treasury Indicators for the Authorised Limit and the Operational Boundary.

(d)       Authorise the Chief Finance Officer to agree the restructuring of existing long term loans where savings are achievable or to enhance the long term portfolio.

(e)       Agree that short term cash surpluses and deficits continue to be managed through temporary loans and deposits.

(f)        Agree that any long term surplus cash balances not required to cover borrowing are placed in authorised money-market funds, particularly where this is more cost effective than short term deposits and delegate to the Chief Finance Officer the authority to select such funds.

Reason for Decision

The proposals are required to comply with statutory guidance and reflect best practice.

 Report of the Interim Chief Finance Officer is circulated.

Cllr Fleur de Rhe-Philipe, Cabinet Member for Finance, Performance presented a report which sought Cabinet approval of a timetable for setting the 2011/12 Council Tax, Rents, Fees and Charges and National Non-Domestic Rates (NNDR).

The key meeting dates of the Council were as follows:

Cabinet                                    -  8 & 15 February 2011

Joint Overview and Scrutiny - 10 February 2011

Council                                    -  22 February 2011

In addition, various other meetings were scheduled including Schools Forum and with Local Chambers of Commerce, Trade Unions, Tenants and Area Public Consultation and precepting authorities.

Resolved:

That Cabinet approve the timetable and level of consultation set out at paragraph 6 of the report presented.

Reason for Decision

To enable the Council Tax to be set in the statutory timetable.

Report of the Corporate Director, Neighbourhood and Planning is circulated

Public Participation

Mr Ian Storey addressed Cabinet on the Corsham Area Heritage and Information Centre.

Cllr Richard Beattie, Portfolio Holder for Economic Development and Tourism declared a personal interest in this item by virtue of his position as the Council’s nominated representative on the Visit Wiltshire Partnership Board.

Cllr Richard Beattie presented a report which sought Cabinet agreement to the main terms of a deed of grant agreement with the new VisitWiltshire company. The report also sought approval to undertake further consultation with staff and trade union representatives leading to the TUPE transfer of staff from Wiltshire Council to the company.

The report also updated Cabinet on the present position following decisions it previously made on this on 19 October 2010.

Resolved:

That Cabinet:

(a)               agrees further consultation with staff and trade union representatives and due diligence leading to the TUPE transfer of staff from Wiltshire Council to the new VisitWiltshire company from 1 April 2011 and 

(b)              agrees to the completion of a 3 year rolling deed of grant agreement with the new VisitWiltshire company to include the following support:

Grant funding as follows:

                                               (i)      2011/12: £500,000

                                             (ii)      2012/13: £500,000

                                           (iii)      2013/14: £500,000

This is subject to the condition that at the end of each financial year, the Council has the discretion to vary the funding for subsequent years should the company’s membership income in that year be greater than that stated in the business plan. However, this is subject to the retention of a financial incentive to generate membership income.  This is also subject to the Council being able to provide one year’s notice of termination starting at the end of Year 2.  This is in addition to the normal clauses relating to termination within Council service level agreements.

·         The transfer of furniture and equipment currently used by VisitWiltshire staff to the new VisitWiltshire company for the consideration of £1.

·         The provision of accommodation on a rent free basis for the period of the agreement to the new VisitWiltshire company subject to the availability of Council owned property that is suitable for the needs of the company.  There would be no cash equivalent to this offer. 

Reason for Decision

(i)                 To implement the second stage of the process agreed at the October Cabinet. 

(ii)               The support for the new VisitWiltshire company will enable the delivery of the objectives identified in its 3 year business plan.  In particular, it will enable the profile of Wiltshire as a tourism destination to be raised in the face of stiff competition from other destinations in the UK.

(iii)             Further due diligence and consultation with staff and trade unions in respect of the TUPE transfer of staff to the new VisitWiltshire company will help to reassure Wiltshire Council that any risks to either the Council or its staff have been minimised and to help identify those staff that are willing to be transferred.

Any other items of business, which the Leader agrees to consider as a matter of urgency

There were no urgent items.

Resolved:

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 the following item 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 & 4 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.

Confidential report of the Corporate Director, Neighbourhood and Planning is circulated

Cllr Richard Beattie, Portfolio Holder for Economic Development and Tourism declared a personal interest in this item by virtue of his position as the Council’s nominated representative on the Visit Wiltshire Partnership Board.

Cllr Richard Beattie presented a confidential report which outlined the outcome of investigations regarding the feasibility of transferring control of the Tourist Information Centres to the local community.

Resolved:

(a)       That the recommendations contained within the report be adopted.

(b)       That local Division members be kept involved.

Reason for Decision

As set out in the confidential report.