Agenda and minutes

            Apologies for absence were received from Councillors John Ballman, Doreen Dart, Melanie Duff, Maurice Fanning, Ray Fisher, Brian Ford, Russell Holland, Fay Howard, Mary Martin and Eric Shaw.

To receive the minutes of the previous meeting held on 25^th September 2008.

            Resolved – That the minutes of the meeting held 25^th September 2008, be confirmed and signed.

See explanatory note below.

            Ms. Jill Sharp submitted a written question to the Leader of the Council regarding the purchase of work by local artists, its display in municipal buildings and, in particular, the use of the new central library.

            The Leader of the Council tabled a response.

            Ms. Sharp thanked he Leader of the Council for his response but felt that it didn’t address the issue of preserving Swindon’s painting heritage.

            Councillor Justin Tomlinson, Cabinet Member for Leisure, Culture and Recreation, outlined the Council’s plans for a new Art Gallery, which would improve the current ability to display art and allow for the purchase and display of pieces from the best local artists.  Ms. Sharp’s comments had been noted and would be taken on board in making future decisions.

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

The Chief Executive reported that a letter dated 2^nd November 2008 had been received from The Right Honourable Jonathan Shaw M.P., Minister for Disabled People, in respect of the Council Motion on Mobility Benefits for Blind Residents. (Minute 27 refers)

(i) Budget Management 2008/09 and Medium Term Resourcing Plan Update– Minute 28(5) of the Cabinet; and

(ii) Consideration of Redesignation of Street Classifications for Street Trading Purposes in Swindon Town Centre– Minute 21 of the Licensing Committee.

See related reports in Background Papers. (Yellow)

Councillor Roderick Bluh moved and Councillor Fionuala Foley seconded that: Minute 28(5) of the Cabinet (Budget Management 2008/09 and Medium Term Resourcing Plan Update) be confirmed and adopted.

The Motion was put to the vote and declared carried.

Councillor Andrew Bennett moved and Councillor Michael Dickinson seconded that Minute 21 of the Licensing Committee (Redesignation of Street Classifications for Street Trading Purposes in Swindon Town Centre) 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 Standing Order 15 Questions had been received from Councillors Steve Allsopp, David Glaholm and Bob Wright.  The questions and answers submitted by the appropriate Cabinet Member are attached as an appendix to the minutes.

            Councillor Steve Allsopp asked if the Cabinet Member for Health, Housing and Adult Social Care, had been in discussion with Social Housing Partners to measure the impact in Swindon of capital drying up for schemes and asked what was the size of the problem?

            Councillor David Renard responded that he spoke to Housing Associations within the Borough on a regular basis, as they were the only partners the Council could use to deliver its social housing programme.  He would continue to speak to the Housing Corporation to deliver as much housing as possible.

Councillor Bob Wright will move and Councillor Ray Ballman will second:

“This Council notes that there is a continuing problem with dog fouling throughout the Borough and that this Council should do all in its power to work to reduce this problem.

This Council also notes that Wiltshire County Council recently authorised Police Community Support Officers (PCSOs) to issue Fixed Penalty Fines (FPF) to people caught allowing their dogs to foul the pavement.

In light of this Swindon Borough Council agrees in principle to take the necessary legal steps to introduce a similar scheme in Swindon which will allow PCSOs to issue on the spot fines for those dog owners responsible for such anti-social acts, and requests the Director of Environment and Streetscene to submit a report to the Cabinet on the implications of the introduction of such a policy.”

Councillor Bob Wright moved and Councillor Ray Ballman seconded:

“This Council notes that there is a continuing problem with dog fouling throughout the Borough and that this Council should do all in its power to work to reduce this problem.

This Council also notes that West Wiltshire District Council recently authorised Police Community Support Officers (PCSOs) to issue Fixed Penalty Fines (FPF) to people caught allowing their dogs to foul the pavement.

In light of this Swindon Borough Council agrees in principle to take the necessary legal steps to introduce a similar scheme in Swindon which will allow PCSOs to issue on the spot fines for those dog owners responsible for such anti-social acts, and requests the Director of Environment and Streetscene to submit a report to the Cabinet on the implications of the introduction of such a policy.”

Councillor Brian Mattock moved and Councillor Peter Greenhalgh seconded that the Motion be amended to read:

“The Council notes that both the incidence of, and complaints about, dog fouling, have reduced significantly within the Borough since the introduction of a comprehensive network of dog bins.  However it recognises that there are still some problems with dog fouling in certain areas in the Borough and the Council should do all in its power to reduce this problem even further.  The Council believes that dog owners must take responsibility for cleaning up after their pets and recognises the work already done to support and advise dog owners by officers on a daily basis.

The Council also notes that Wiltshire Constabulary and West Wiltshire District Council have agreed to authorise Police Community Support Officers (PCSO’s) to issue fixed penalty notices (FPN’S) to people not clearing up after their dogs.

This Council believes that local byelaws would be the best way of dealing with this issue and requests that the Leader of the Council write to the relevant Minister to ask when Commencement Orders for the relevant parts of the Local Government and Public Involvement in Health Act 2007 will be placed before Parliament and also to request that dog fouling be included within the scope of the legislation.

In the light of this, Swindon Borough Council confirms its support for the principle of introducing updated byelaws if and when legislation permitting this comes into force.  Swindon Borough Council also requests the Director of Environment and Streetscene to enter into discussions with Wiltshire Constabulary on authorising Police Community Support Officers to issue fixed penalty notices for all aspects of “envirocrime”, including dog fouling, and for the Cabinet Member for Local Environment and Sustainability to report back to the Cabinet the outcome of such discussions with any recommendations for further action within the next four months.”

The amendment was put to the vote and carried becoming the Substantive Motion.

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

Councillor Steve Allsopp will move and Councillor Junab Ali will second:

“This Council notes the recent increase in home repossessions that has taken place and believes that both national and local government should work to keep people in their own homes and prevent repossessions.  In particular, this Council believes action should be targeted towards the most vulnerable, such as the elderly or families with dependent children.

Therefore, this Council welcomes the £200 million mortgage rescue scheme announced by the Government on September 2nd that will begin operation in January 2009.

This Council thus agrees in principle to work with the Department for Communities and Local Government on this scheme and requests, the Director of Finance to submit a report to Cabinet on the implications of implementing the scheme in Swindon at the earliest possible opportunity, to ensure that vulnerable people in Swindon are supported by their Council to stay in their homes at their time of need.”

Councillor Steve Allsopp moved and Councillor Junab Ali seconded:

“This Council notes the recent increase in home repossessions that has taken place and believes that both national and local government should work to keep people in their own homes and prevent repossessions.  In particular, this Council believes action should be targeted towards the most vulnerable, such as the elderly or families with dependent children.

Therefore, this Council welcomes the £200 million Mortgage Rescue Scheme announced by the Government on September 2^nd, that will begin operation in January 2009.

This Council thus agrees in principle to work with the Department for Communities and Local Government on this scheme and requests the Director of Finance to submit a report to the Cabinet on the implications of implementing the scheme in Swindon at the earliest possible opportunity, to ensure that vulnerable people in Swindon are supported by their Council to stay in their homes at their time of need.”

Councillor David Renard moved and Councillor Garry Perkins seconded that the Motion be amended to read:

“This Council notes the recent increase in home repossessions that has taken place and believes that both national and local government should work to keep people in their own homes and prevent repossessions.  This Council regrets that the nationalised Northern Rock has been foremost in repossessing homes and requests that the Leader of the Council writes to the present Chancellor of the Exchequer to convey the Borough’s concerns. In particular, this Council believes action should be targeted towards the most vulnerable, such as the elderly or families with dependent children.

This Council acknowledges the £200 million to be provided over two years to approximately 3,000 people per year over the entire country as a small step and hopes that the Government will fund this scheme adequately and not be  a token gesture.

This Council thus agrees, in principle, to work with the Department for Communities and Local Government on this scheme and requests, the Director of Finance to submit a report to the Cabinet on the implications of implementing the scheme in Swindon at the earliest practicable opportunity once the Government has published its guidelines to ensure that a few vulnerable people in Swindon are supported to stay in their homes at their time of need.  This Council also requests that the Cabinet Member for Health, Housing and Adult Social Care writes to the Chancellor asking for an immediate end to negative housing subsidy so as to give the Borough some additional resource to facilitate access to social housing.”

The amendment was put to the vote and carried becoming the Substantive Motion.

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

The Conservative Group have requested that Councillor Eric Shaw replace Councillor David Sammels as a Member serving on the Audit Committee.  Council is requested to endorse this change of membership.

Councillor Roderick Bluh moved and Councillor Fionuala Foley seconded and the Council agreed:

“That Councillor Eric Shaw replace Councillor David Sammels as a representative serving on the Council’s Audit Committee.”

To receive a report on the meetings of the Cabinet held on 10^th September and 22^nd October, 2008, and on decisions taken by Cabinet Members relating to delegated decisions taken under their portfolio responsibilities.

            The 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 10^th September and 22^nd October 2008, (b) questions to the Cabinet Members regarding their Portfolio responsibilities, as set out within the report, and answers received, and (c) decisions taken by Cabinet Members relating to delegated decisions taken under their portfolio responsibilities. 

To receive a report on the meeting of the Standards Committee held on 20^th October 2008.

            The Council considered (a) a report of the Director of Law and Democratic Services setting out a report on the meeting of the Standards Committee held on 20^th October 2008, and (b) questions to the Committee Members regarding the work of the Committee and answers received. 

To receive a report on the meeting of the Audit Committee held on 23^rd September 2008.

            The Council considered (a) a report of the Director of Law and Democratic Services setting out a report on the meeting of the Audit Committee held on 23^rd September 2008, and (b) questions to the Committee Chair regarding the work of the Committee and answers received. 

To receive a report on issues considered at meetings of the Council’s Overview and Scrutiny Committees between 5^th September and 27^th October 2008.

            The Council considered (a) a report of the Director of Law and Democratic Services on the work of the Council’s Overview and Scrutiny Committees held between 5^th September and 27^th October 2008, and (b) questions to the Committee Chairs regarding the work of their Committee, and answers received.

To receive a report on the meetings of the Planning Committee held during on 9^th September and 14^th October 2008,and planning statistics for August to September 2008.

            The Council considered (a) a report of the Director of Law and Democratic Services setting out a report on the meetings of the Planning Committee held in September and October 2008, and (b) questions to the Committee Chair regarding the work of the Committee and answers received.

To receive a report on issues considered by the Appeals Committee, Education Transport Appeals Sub-Committee, Appointments Committee, Chief Officer Appointments Sub-Committee, Deputy Chief Officer Appointments 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 between 5^th September 2008 and 28^th October 2008.

            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 5^th September and 28^th October 2008, and (b) questions to the Committee Chairs regarding the work of their Committee, and answers received. 

To receive a report on issues considered by Children Services Bodies between 5 September 2008 and 28 October 2008.

            The Council considered (a) a report of the Director of Law and Democratic Services on the work of the Council’s Children’s Services Bodies held between 5^th September and 28^th October 2008, and (b) questions to the Committee Chairs regarding the work of their Committee and answers received. 

To receive the minutes of the meetings of the Wiltshire Police Authority, held on 18^th September 2008, and the Wiltshire Fire Authority, held on 16^th September 2008, 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 18^th September 2008, and (b) the Wiltshire and Swindon Fire Authority dated 16^th September 2008.