Agenda and minutes

The Mayor announced that the Council had received Beacon Status for Electoral Services and, on behalf of the Council, he offered his congratulations to The Director of Law and Democratic Services and the Electoral Services Team on their award on 20^th March 2007.

            Apologies for absence were received from Councillors Steve Allsopp, Michael Bray, Ian Dobie, Fay Howard, Mary Martin, Brian Mattock, John Short, Barrie Thompson and David Wood. 

To receive the minutes of the previous meeting held on 15^th February 2007.

            Resolved – That the minutes of the meeting held on 15^th February 2007, be confirmed and signed.

See explanatory note below.

            Mrs. Martha Parry asked a series of questions relating to the future of the  former Railway Museum, why the issue had not been discussed at Cabinet the night before Council and on future plans for the use of the building.

            The Leader of the Council indicated that he would provide a written response to the question.  However, he explained that the future of the Railway Museum was important and that no decision would be taken on its future until all the necessary facts were available.   He reminded Mrs. Parry that the Council was examining all its heritage buildings to establish a coherent strategy.   He also noted that the Council was responsible to all its residents for the assets it owned and managed.  The Trust’s position was well known to officers and Members, and would be taken into account during any decision making process.

To receive any communications or letters which the Mayor or Chief Executive may have to bring before the Council.

The Chief Executive reported that no communications had been received.

See Cabinet report (Agenda Item 12) and Minutes 150 and 153 of Cabinet.  It is also expected that there will be Minutes for Confirmation arising from the meeting of the Cabinet held on 18^th April 2007 and these will be tabled.  Related reports are set out in the Background Papers pack.  (Yellow).

(1)   Councillor Roderick Bluh moved and Councillor Fionuala Foleyseconded that Minute 150 Adoption of Powers - Clean Neighbourhoods and Environment Act 2005 and Representation on the Wiltshire Waste Partnership) of the Cabinet be confirmed and adopted.

(2)    Councillor Roderick Bluh moved and Councillor Fionuala Foleyseconded that Minute 167 (References from Children and Young People’s Partnership Board) of the Cabinet be confirmed and adopted.

The Motion was put to the vote and declared carried.

Councillor Roderick Bluh and Councillor Fionuala Foleyagreed that Minute 172 of the Cabinet (Proposed Changes to the Council’s Constitution) be deferred for further consideration.

The Motion was put to the vote and declared carried.

The Mayor advised Members that Cabinet Minute 153 would be considered as part of Agenda Item No. 7 (Motion – Free Bus Travel for Senior Citizens).

Questions (if any) of which notice has been given by Councillors in accordance with Standing Order 15.

            The Director of Law and Democratic Services reported that Councillors Des Moffatt and David Glaholm had submitted Standing Order 15 Questions.  These questions, and answers submitted by the appropriate Cabinet Member are attached as an appendix to the Minutes.

Councillor David Glaholm asked the following supplementary question:

Can the Cabinet Member keep me informed of future developments?  I am concerned that future developments will be built to different standards.

Councillor Peter Greenhalgh noted that most of the applications relating to the Northern Sector were reserved matters and that, with new applications, officers would negotiate to improve facilities such as parking to improve the area.

Councillor Andrew Bennett also noted that the Council had negotiated at length with developers for higher standards and also increased business parking.

Council referred the following Motion to the Cabinet on 18^th January 2007.
(Minute 104 refers). Copies of the report considered by the Cabinet and Cabinet Minute 153 are attached.

Councillor Stan Pajak will move and Councillor Martin Wiltshire will second:

“That the Council supports the principle of free bus travel for its senior citizens and wishing to meet both the expectations and hopes of this important group of Swindon residents seeks to implement an earlier start time for free bus travel commencing at 9.00 a.m.”

Councillor Stan Pajak moved and Councillor Martin Wiltshire seconded:

“That the Council supports the principle of free bus travel for its senior citizens and wishing to meet both the expectations and hopes of this important group of Swindon residents seeks to implement an earlier start time for free bus travel commencing at 9.00 a.m.”

Councillor Roderick Bluh moved and Councillor Fionuala Foley seconded that Minute 153 of the Cabinet be agreed and that the Motion be amended to read:

“The Council supports the principle of free bus travel for its senior citizens and those in receipt of free passes and wishing to meet both the expectations and hopes of this important group of Swindon residents seeks to implement an earlier start time for free bus travel commencing at 9.00 a.m. when the full cost of implementation are fully funded by Central Government so that no additional costs falls on the Council Tax Payers of Swindon.”

The amendment was put to the vote and declared carried forming the substantive motion.

Councillor Des Moffatt moved and Councillor Kevin Small seconded that the substantive motion be amended to read:

“The Council supports the principle of free bus travel for its senior citizens and those in receipt of free passes and wishing to meet both the expectations and hopes of this important group of Swindon residents seeks to implement an earlier start time for free bus travel commencing at 9.00 a.m. and calls upon the Government to take this into consideration when introducing the National Scheme.”

The amendment was put to the vote and declared lost.

The substantive motion was put to the vote and declared carried.

(Councillors Dale Heenan and David Wren made a Personal and Prejudicial Declaration of Interest under the Council’s Code of Conduct, as Directors of Thamesdown Transport Ltd.)

(Councillors Michael Barnes and David Wren made a Personal and Prejudicial Declaration of Interest under the Council’s Code of Conduct, as a Non-Executive Director of the Swindon Primary Care Trust.)

(Councillors Peter Mallinson and David Glaholm made Personal Declarations of Interest under the Council’s Code of Conduct, as they were eligible to receive a free bus pass.)

Councillor Steve Wakefield will move and Councillor Colin Lovell will second:

"This Council believes that under the Licensing Act 2003, the current self-reporting mechanism for license holders charged with offences in England and Wales is flawed. Namely, if a personalready holds a personal license and then commits a crime, which could include serious crimes such as manslaughter, there is no mechanism to review the license if they don't declare holding it at the time of the legal proceedings.  

This Council expresses its concern about this unsatisfactory state of affairs by calling on the Leader of the Council to make representations to the Secretary of State for Culture, Media and Sport and Local Members of Parliament and by seeking the support of the Local Government Association, to close this legal loophole." 

With the agreement of the Council the Mover (Councillor Steve Wakefield) and the Seconder (Councillor Colin Lovell) withdrew the Motion. 

(Councillor Des Moffatt made a personal declaration of interest under the Council’s Code of Conduct in respect of this item, as his daughter works in the Licensing Trade.)

Councillor Peter Mallinson will move and Councillor Peter Greenhalgh will second:

“In recognition of the underlying costs to the residents of Swindon of the wilful or wanton damage to public property caused by some people in our community.

This council instructs the Director of Law and Democratic Services to bring recommendations to the council on how this council could take civil action against the perpetrators for full recovery of all costs involved and what the financial implications would be of doing so. “

Councillor Peter Mallinson moved and Councillor Peter Greenhalgh seconded:

“In recognition of the underlying costs to the residents of Swindon of the wilful or wanton damage to public property caused by some people in our community.

This Council instructs the Director of Law and Democratic Services to bring recommendations to the Council on how this Council could take civil action against the perpetrators for full recovery of all costs involved and what the financial implications would be of doing so. “

With the agreement of the Council, the Motion stood adjourned to the Cabinet under Standing Order 9(1).

Councillor Stan Pajak will move and Councillor David Wood will second:

"That this Council offers the New Mechanics' Trust a renewable 5-year lease of the former Railway Museum, which the Trust has been seeking for 7 years.

We ask that the Trust's Proposal, as submitted on 5 March 2007, form the basis in principle for the Trust's development of the premises, and support the Trust's efforts to supplement the £1 million which this Council has identified for repairs and alterations to that building, by the Trust's submission of applications to external bodies, such as the National Lottery's grant-giving bodies."

Councillor Stan Pajak moved and Councillor David Wood seconded:

"That this Council offers the New Mechanics' Trust a renewable 5-year lease of the former Railway Museum, which the Trust has been seeking for 7 years.

We ask that the Trust's Proposal, as submitted on 5 March 2007, form the basis in principle for the Trust's development of the premises, and support the Trust's efforts to supplement the £1 million which this Council has identified for repairs and alterations to that building, by the Trust's submission of applications to external bodies, such as the National Lottery's grant-giving bodies."

With the agreement of the Council, the Motion stood adjourned to the Cabinet under Standing Order 9(1).

To consider and agree dates for meetings of the Council, the Cabinet, Committees and Other Swindon Borough Council bodies for the Municipal Year 2007/08.

Councillor Mike Bawden moved and Councillor Roderick Bluh seconded -

            "(1) That next year's Annual Council meeting be held on Friday 16^th May, 2008, at 2.30 pm;

            (2) That ordinary meetings of the Council be held on the following dates in the 2007/2008 Municipal Year:

Thursday 19^th July 2007

Thursday 27^th September 2007

Thursday 22^nd November 2007

Thursday 17^th January 2008

Thursday 25^th February 2008 (Annual Budget, Council Tax and Housing Rents Setting)

Thursday 24^th April 2008

Monday 28^th February 2008 be held as a provisional ‘Reserved Date’, only required if the Annual Budget is ‘called in’ by the Leader of the Council in accordance with the Council’s Constitution;

            (3) That the Timetable of Meetings for 2007/ 2008 be adopted as set out in Appendix 2 to the minutes.

            (4) That the Director of Law and Democratic Services, in consultation with Leader of the Council, be authorised to vary these dates and times should this prove necessary for the efficient discharge of Council business.

To receive a report on the meetings of the Cabinet held on 17^th January, 7^th February and 7^th March 2007.

            Council considered (a) a report of the Director of Law and Democratic Services setting out a report of the meetings of the Cabinet held on 17 January, 7^th February and 7^th March 2007, and (b) questions to the Cabinet Members regarding their Portfolio responsibilities, as set out within the report, and answers received.

Members have the opportunity to questions Cabinet Members on decisions they have made under their delegated powers.

            The Council received decisions taken by Cabinet Members relating to their Portfolio Responsibilities. 

To receive a report on the meetings of the Standards Committee held on 29^th January, 26^th February and 19^th March 2007.

The Council considered (a) a report of the Director of Law and Democratic Services on the minutes of the meetings of the Standards Committee held on 19^th January and 2^nd April 2007, and (b) questions to the Committee Chair regarding the work of the Committee, as set out within the minutes, and answers received.

To receive a report on the meetings of the Audit Committee held on 23^rd January and 20^th February 2007.

The Council considered (a) a report of the Director of Law and Democratic Services on the minutes of the meeting of the Audit Committee held on 23^rd January and 20^th February 2007, and (b) questions to the Committee Chair regarding the work of the Committee, as set out within the minutes, and answers received.

The Council congratulated and thanked the Officers and Members involved in the Council achieving Level 3 for delivering, economy, efficiency and effectiveness in its Use of Resources in 2006 and the commendation on this achievement from RSM Robson Rhodes, the Council’s External Auditors.

To receive a report on issues considered at meetings of the Scrutiny Committee, the Health Scrutiny Committee and the Council’s Overview Committees.

            The Council considered (a) a report of the Director of Law and Democratic Services on the work of the Council’s Scrutiny and Overview Committees between 3^rd January and 3^rd April 2007, and (b) questions to the Committee Chairs regarding the work of their Committee, as set out within the minutes, and answers received. 

To receive a report on the meetings of the Planning Committee held on 9^th January, 13^th February and 13^th March 2007, and planning statistics for January to March 2007.

            The Council considered (a) a report of the Director of Law and Democratic Services on the meetings of the Planning Committee held on 9^th January, 13^th February and 13^th March 2007, and (b) questions to the Committee Chair regarding the work of the Committee, as set out within the minutes, and answers received. 

To receive a report on issues considered by the Appeals Committee, Education Transport Appeals Sub-Committee, Licensing Committee, Licensing Panel, Ad-hoc Licensing Sub-Committee, Private Hire and Hackney Carriage Licensing Sub-Committee and Footpath and Rights of Way Committee.

            The Council considered (a) a report of the Director of Law and Democratic Services on the work of the Council’s Regulatory Committees held between 2^nd January and 2^nd April 2007, and (b) questions to the Committee Chairs regarding the work of their Committee, as set out within the minutes, and answers received.

To receive a report on issues considered by Children Services Bodies.

            The Council considered (a) a report of the Director of Law and Democratic Services on the work of the Council’s Children Services Bodies held between 11^th January and 25^th March 2007, and (b) questions to the Committee Chairs regarding the work of their Committee, as set out within the minutes, and answers received. 

To receive the minutes of the meetings of the Wiltshire Police Authority (held on 14^th December 2006 and 8^th February 2007) and the Wiltshire Fire Authority (held on 9^th February 2007) and to receive any oral report from the Council’s representatives serving on those bodies.

            The Council received the Minutes of the meetings of (a) the Wiltshire Police Authority dated 9^th February 2007, and (b) the Wiltshire and Swindon Fire Authority dated 14^th December 2006 and 8^th February 2007.

There are no minutes available.  The Council’s representatives serving on this body will report on any outstanding issues.

            There were no minutes available from the South West Regional Assembly.

            The Council received an update on issues relating to the Regional Assembly from The Worshipful The Mayor. 

            The Mayor thanked Councillors Debbie Baylies, Geraldine Frost, Andy Harrison, Wayne Lawley and Chris van Roon were not standing for election on 3^rd May 2007, for their service to the Council.

            The Mayor wished all those Councillors standing in the forthcoming election good luck, even if they were standing against each other.