Agenda and minutes

            Apologies for absence were received from Councillors Paul Baker, Mavis Childs, Michael Dickinson, Melanie Duff, Paul Findlow, Ray Fisher, Mary Martin, Nick Martin, Brian Mattock, Anthony Peake, Garry Perkins, Kevin Small, Peter Stoddart and David Wood.

To receive the minutes of the previous meeting held on 18^th June 2007.

            Resolved – That the minutes of the meeting held on 18^th June 2007, be confirmed and signed.

See explanatory note below.

            Mr. Les White (Chairman Rodbourne Cheney Residents Association) submitted a written question (tabled at the meeting) regarding the free use of buses before 9.30am by pensioners.

            The Leader of the Council tabled a written response

            Mr. Daniel Rose (Chairman – New Mechanics’ Institution Trust Limited) submitted a written question (tabled at the meeting) regarding questions he had raised at the Scrutiny Committee on 11^th June 2007 regarding procedural issues, and requesting a review of the Council’s decision-making process. 

            The Leader of the Council indicated that a written response would be provided to the question.

            Mr. Tony Hillier asked the Leader of the Council “In the light of the high profile and importance of the activities, issues and decisions around the former Railway Museum can the Council agree to an enhanced and open partnership scrutiny by relevant parties (should the Youth Service move into the property) of the opportunities and volume of services provided and delivered.”

            The Leader of the Council indicated that a written response would be provided to the question.

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

The Group Director, Resources and Leisure reported that correspondence dated 15^th June 2007, had been received from Michael Wills M.P., relating to a Council Motion on Backland Development.

(i) Renewable Energy Task Group Report  - Minute 12 of Cabinet;
(ii) Youth Justice Plan 2007/08 - Minute 16 of Cabinet;
(iii) Appointment of Group Director of Business Transformation - Minute 3 of the Chief Officer Appointments Sub-Committee of the Appointments Committee, and
(iv) Independent Members - Minute 10 of the Audit Committee.

(See Cabinet report (Agenda Item 13) and related reports in background papers (Yellow).)

            (1) Councillor David Wren moved and Councillor Roderick Bluh seconded that Minute 12 of the Cabinet (Renewable Energy Task Group Report) be confirmed and adopted.

            (2) Councillor Roderick Bluh moved and Councillor Fionuala Foley seconded that Minute 16 of the Cabinet (Youth Justice Plan 2007/08) be confirmed and adopted.

            (3) Councillor Roderick Bluh moved and Councillor Fionuala Foley seconded that Minute 3 of the Chief Officer Appointments Sub-Committee of the Appointments Committee (Appointment of Group Director, Business Transformation) be confirmed and adopted.

            (4) Councillor Roderick Bluh moved and Councillor Fionuala Foley seconded that Minute 10 of the Audit Committee (Independent Members of the Audit Committee) be confirmed and adopted.

            The Motion was put to the vote and declared carried.

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 Steve Allsopp, David Glaholm, Des Moffatt and Derique Montaut 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 Des Moffatt asked the following supplementary question.

I thank the Leader of the Council for his responses.  Can he assure me that, in order to protect our future development as a town, he will defend the existing employment land in the Council’s Forward Plan, for example at Groundwell West, and give me assurances that such land will only be used for employment purposes.

            The Leader of the Council responded that the Council has not, and would not do anything, to compromise the town’s regeneration and that he and the administration understood the importance of employment land.  The Cabinet Member for Economic Development, Regeneration and Development added that the administration couldn’t guarantee the future use of any land but that any use for each site would be considered on its merits.  He also noted that in the last year Swindon had seen 218 new businesses start within the town.

            Councillor Derique Montaut asked if the Leader of the Council agreed that the political management of the Council, and in particular the Scrutiny function needed to be examined?

            The Leader of the Council advised he was happy for Scrutiny within the Council to be improved wherever possible, although he believed that this function was operating well.

To agree the following appointments:

(i)     the appointment of representatives to the Children’s Joint Commissioning Board, and

(ii)   the appointment of a Chair and Vice-Chair of the Audit Committee.

            The Director of Law and Democratic Services submitted a report concerning (a) nominations for vacancies to serve on the Children’s Joint Commissioning Board and (b) the appointment of a Chair and Vice-Chair of the Council’s Audit Committee.

Councillor Roderick Bluh moved and Councillor Fionuala Foley seconded:

“(1) That Councillors Garry Perkins, David Sammels and Eric Shaw be appointed to serve on the Children’s Joint Commissioning Board.

(2) That Councillor Ray Fisher be appointed as Chair and Councillor Mark Edwards be appointed as Vice-Chair of the Audit Committee.”

The Motion was put to the vote and declared carried.

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

On 19^th April 2007 Council referred the following Motion, moved by Councillor Stan Pajak and seconded by Councillor David Wood to Cabinet for a decision (Minute 144 2006/07 refers). 

"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."

A copy of the Cabinet report and Cabinet Minute 17 are attached for Members’ information.

            Councillor Roderick Bluh moved and Councillor Fionuala Foley seconded:

“That the decision in Minute 17 of the Cabinet be noted.”

The Motion was put to the vote and declared carried.

Councillor Des Moffatt will move and Councillor Fay Howard will second:

“This Council instructs the officers to supply every member of the Council with a copy of any and all reports to Financial Planning Advisory Group.”

            Councillor Des Moffatt moved and Councillor Fay Howard seconded:

“This Council instructs the officers to supply every member of the Council with a copy of any and all reports to Financial Planning Advisory Group.”

The Motion was put to the vote and declared lost.

Councillor Barrie Thompson will move and Councillor Kevin Small will second:

“The Council instructs the Administration to open negotiations with all political parties concerning alterations to the Memorandum of Understanding of the Swindon Children and Young People’s Partnership Board.”

            Councillor Barrie Thompson moved and Councillor Des Moffatt seconded:

“The Council instructs the Administration to open negotiations with all political parties concerning alterations to the Memorandum of Understanding of the Swindon Children and Young People’s Partnership Board.”

                        With the agreement of the mover and seconder and with the agreement of the Council the words “to include one Opposition Member on the Board” were added to the end of the Motion and the amended Motion read:

“The Council instructs the Administration to open negotiations with all political parties concerning alterations to the Memorandum of Understanding of the Swindon Children and Young People’s Partnership Board to include one Opposition Member on the Board.”

The amended Motion was put to the vote and declared carried.

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

To receive the Overview and Scrutiny Annual Report 2006/07.

                        The Council considered a joint report of the Chair of Scrutiny and the Director of Law and Democratic Services on the Overview and Scrutiny Annual Report for the Municipal Year, 2006/07.

            Councillor Roderick Bluh moved and Councillor Fionuala Foley seconded:

“That the Overview and Scrutiny Annual Report for the Municipal Year, 2006/07 be adopted.”

The motion was put to the vote and declared carried.

To receive a report on the meeting of the Special Committee held on 20^th June 2007. 

            Council considered (a) a report of the Director of Law and Democratic Services setting out a report of the meetings of the Special Committee held on 20^th June 2007, and (b) questions to the Cabinet Members regarding their Portfolio responsibilities, as set out within the report, and answers received.

To receive a report on the meetings of the Cabinet held on 18^th April and 6^th June 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 18^th April and 6^th June 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 meeting of the Standards Committee held on 30^th April 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 between 3^rd April and 30^th June 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 24^th April and 26^th June 2007.

The Council considered (a) a report of the Director of Law and Democratic Services on the minutes of the meetings of the Audit Committee held on 4^th April and 20^th June 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 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 4^th April and 30^th June 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 10th April, 1^st May and 12^th June 2007, and Planning statistics for April to June 2007.

            The Council considered (a) a report of the Director of Law and Democratic Services on the meetings of the Planning Committee held on 10^th April, 1^st May and 12^th June 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, Appointments Committee and Chief Officer Appointments Sub-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 3rd April and 30^th June 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 19^th March and 14^th June 2007) and the Wiltshire Fire Authority (held on 30^th May 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 19^th March and 14^th June 2007, and (b) the Wiltshire and Swindon Fire Authority dated 30^th May 2007.

To receive the Minutes of the South West Regional Assembly held on 16^th March 2007 and to receive any oral report from the Council’s representatives serving on it.

            The Council received the Minutes of the meetings of South West Regional Assembly Fire Authority dated 16^th March 2007, and received an oral update on the work of the Assembly from Councillors Mike Bawden and Barrie Thompson.