Agenda and minutes

          Apologies for absence were received from Councillors Bob Wright and Julie Wright.

The Board Director Commissioning reported that no communications had been received.

          Resolved – That the minutes of the meeting held on 17^th July, 2014, be confirmed and signed.

The Mayor reminded Members of the need to declare any known interests in any matters to be considered at the meeting.

In accordance with the Code of Conduct Councillors Andrew Bennett, Mark Edwards, Garry Perkins and Joe Tray made non prejudicial declarations of interest in respect of Agenda Item Nos. 7(a) and 7(b) in their capacity as a Swindon Borough Council representative serving on the Wiltshire and Swindon Fire Authority.

In accordance with the Code of Conduct Councillors Jim Grant and Nicky Sewell made personal and prejudicial declarations of interest in respect of Agenda Item No. 7(b) as they were employed by the Wiltshire Police Authority.

In accordance with the Code of Conduct Councillor John Ballman made a non prejudicial declaration of interest in respect of Agenda Item No. 7(c) as he was a School Governor.

In accordance with the Code of Conduct Councillor Mark Dempsey made a non prejudicial declaration of interest in respect of Agenda Item No. 7(c) as he was a Governor of Abbey Meads Primary School.

In accordance with the Code of Conduct Councillor Mark Edwards made a non prejudicial declaration of interest in respect of Agenda Item No. 7(c) as his wife served on the Butterflies Management Committee.

In accordance with the Code of Conduct Councillor Cindy Matthews made a non prejudicial declaration of interest in respect of Agenda Item No. 7(c) as the Chair of a Children’s Centre Management Committee.

In accordance with the Code of Conduct Councillor Maureen Penny made a non prejudicial declaration of interest in respect of Agenda Item No. 7(c) as the Chair of the Ladybird Children’s Centre Advisory Board.

          Mr Michael Dickinson submitted written questions regarding car parking in Old Walcot.  A written response was tabled at the meeting.

          Mr Joe Backshell asked a public question seeking clarification on whether the consultation process undertaken in respect of moving the Shopmobility service and of groups providing support and advice for disabled persons had met the Council’s policy. The Cabinet Member for Strategic Planning, Sustainability and Transport and the Leader of the Council responded at the meeting.

          Mr Joe Backshell asked the Cabinet Member for Strategic Planning, Sustainability and Transport if he would arrange a meeting to discuss the Equality Access Group’s concerns.  The Cabinet Member for Strategic Planning, Sustainability and Transport requested that Mr Backsell contact him after the meeting.

          Mr Tim French asked a public question regarding the Averies fire and whether any enquiry into the circumstances of the fire would be open to the public.  The Leader of the Council responded at the meeting.

          Mr Terry Reynolds asked a public question regarding whether Section 106 money was to be used for improvements to the Stratton/Moonrakers junction.  The Cabinet Member for Strategic Planning, Sustainability and Transport indicated thata written response would be provided.

          Mr Peter Goodfellow asked the Council if it would join local residents in congratulating the the North Swindon Community Committee for the recent funday and if the Council would support future events.  The Worshipful The Mayor, the Cabinet Member for Communities and Volunteering, and Councillors Mark Dempsey, Emma Faramarzi, the Cabinet Member for Housing and Public Safety, and Vera Tomlinson responded at the meeting.

(1) To consider Minutes for Confirmation from Cabinet:

• Minute 18(6) – Budget Management 2014/15.
• Minutes for Confirmation arising from the meeting of the Cabinet held on 10^th September 2014.  (Minutes to follow under separate cover.)

(2) To consider Minutes for Confirmation from the Licensing Committee:

• Minute 15 – Revision of Street Trading Policy.
• Minute 17 – Adoption of Consolidated Skin-Piercing Byelaws.

(3) To consider a Minute for Confirmation from the Audit Committee:

• Minute 9(2) – Terms of Reference and Work Plan.
•  

          (1) Councillor Russell Holland moved and Councillor David Renard seconded:

“That  Minute 18(6) of the Cabinet (Budget Management 2014/15) be confirmed and adopted.”

The Motion was put to the vote and declared carried.

          (2) Councillor Emma Faramarzi moved and Councillor David Renard seconded:

“That Minute 36(1) of the Cabinet (Reference from Other Council Bodies – Licensing Committee (Delegations under Scrap Metal Dealers Act 2013)) be confirmed and adopted.”

The Motion was put to the vote and declared carried.

(3) Councillor Vera Tomlinson moved and Councillor Eric Shaw seconded:

“That Minute 15 of the Licensing Committee (Revision of Street Trading Policy) be confirmed and adopted.”

The Motion was put to the vote and declared carried.

In response to a question seeking clarification regarding Minute 15 of the Licensing Committee from Councillor Kevin Small, the Chair of the Licensing Committee confirmed that the revised Street Trading Policy would permit the playing of music at Christmas Markets, and where appropriate, at other organised markets.

(4) Councillor Vera Tomlinson moved and Councillor Eric Shaw seconded:

“That Minute 17 of the Licensing Committee (Adoption of Consolidated Skin-piercing Byelaws) be confirmed and adopted.”

The Motion was put to the vote and declared carried.

          (5) Councillor Steve Weisinger moved and Councillor Oliver Donachie seconded:

“That Minute 9(2) of the Audit Committee (Audit Committee: Terms of Reference and Work Plan) be confirmed and adopted.”

The Motion was put to the vote and declared carried.

(i) Councillor John Haines will move and Councillor Dale Heenan will  second:

“This Council requests that

(1) The Leader of the Council, with the Director of Law and Democratic Services, investigates all additional legal and regulatory avenues that might enable the Averies site to be closed down and for the principle of the polluter pays to apply.

(2) The Leader of the Council, with the Director of Law and Democratic Services, and the Borough’s two Members of Parliament, to examine all legislative means to allow the Council to assume the regulatory function of such sites.  This will allow better coordination with local planning, environmental health, and new regulatory powers on scrap metals.”

(ii) Councillor Mark Dempsey will move and Councillor Joe Tray will second:

“This Council resolves to organise a special scrutiny led inquiry into the Averies Waste Fire.  This inquiry will be undertaken by the Council’s Scrutiny Committee.  Representatives of the Council, the Environment Agency, Health authorities and the Fire Service should be called to provide evidence. The inquiry should commence immediately and provide a report to be debated at Council in January 2014. The inquiry should investigate:

·       How the Averies site was allowed to get into the state it did.

·       How the emergency was handled.

·       Why the Groundwell Park and Ride site was proposed and why the powers to force Averies to move waste to a proper waste management facility were not used earlier.

·       Lessons for communicating and providing accurate information to the public and ward members.

·       Whether there are lessons for national policy including the planning system and Environment Agency Permitting System.

·       Whether there was any damage caused to the health of residents and workers in the affected area.

·       Lessons for the Fire Service’s Code of Practice in managing fires at waste facilities.

·       What actions are needed to make sure a problem like this should not happen again in Swindon.”

Councillor John Haines moved and Councillor Dale Heenan seconded:

“This Council requests that:

(1) The Leader of the Council, with the Director of Law and Democratic Services, investigates all additional legal and regulatory avenues that might enable the Averies site to be closed down and for the principle of the polluter pays to apply.

(2) The Leader of the Council, with the Director of Law and Democratic Services, and the Borough’s two Members of Parliament, to examine all legislative means to allow the Council to assume the regulatory function of such sites.  This will allow better coordination with local planning, environmental health, and new regulatory powers on scrap metals.

(3) At the Leader of the Council’s request, the Chair of Scrutiny invites the Scrutiny Committee to review the Local Resilience Forum’s independent, multi-agency debrief of the Averies Fire incident.”

          The Motion was put to the vote and unanimously carried.

At the request of the mover and seconder of the Motion, and with the approval of Council, agenda Item 7(a)(ii) was withdrawn.

Councillor Carol Shelley will move and Councillor Peter Watts will second:

“This Council notes the car parking issues that have arisen around some of the Borough’s schools. This has led to at times it being unsafe for pedestrians and also problems for residents living near to the schools who find they are not able to move their own vehicles during these times.

This Council recognises that there is no simple solutions to the problem of parking in and around some schools and recognises the strategies and work that schools have already done to alleviate the problem.  This Council further recognises that schools need support from the Council in solving the on-going parking issues through Traffic Regulation Orders and an increased ability to enforce existing Traffic Regulation Orders.

This Council recognises it does not have enough traffic enforcement officers to make a meaningful impact in enforcing existing parking regulations. This Council believes that granting Police Community Support Officers (PCSOs) the powers to enforce Council parking regulations would enable more visibility and more flexibility to respond quickly to the needs of residents living in neighbourhoods near to schools.

The Council requests that the Leader of the Council write to the Wiltshire Police and Crime Commissioner communicating the Council’s interest in granting PCSOs the powers to enforce parking regulations. Council also requests the Cabinet Member for Highways to bring a report to Cabinet with further detail on how PCSOs can be granted new powers to enforce council parking regulations and how PCSOs could work with existing council parking enforcement officers.”

Councillor Carol Shelley moved and Councillor Peter Watts seconded:

“This Council notes the car parking issues that have arisen around some of the Borough’s schools. This has led to at times to it being unsafe for pedestrians and also problems for residents living near to the schools who find they are not able to move their own vehicles during these times.

This Council recognises that there is no simple solutions to the problem of parking in and around some schools and recognises the strategies and work that schools have already done to alleviate the problem.  This Council further recognises that schools need support from the Council in solving the on-going parking issues through Traffic Regulation Orders and an increased ability to enforce existing Traffic Regulation Orders.

This Council recognises it does not have enough traffic enforcement officers to make a meaningful impact in enforcing existing parking regulations. This Council believes that granting Police Community Support Officers (PCSOs) the powers to enforce Council parking regulations would enable more visibility and more flexibility to respond quickly to the needs of residents living in neighbourhoods near to schools.

The Council requests that the Leader of the Council write to the Wiltshire Police and Crime Commissioner communicating the Council’s interest in granting PCSOs the powers to enforce parking regulations. Council also requests the Cabinet Member for Highways to bring a report to Cabinet with further detail on how PCSOs can be granted new powers to enforce council parking regulations and how PCSOs could work with existing council parking enforcement officers.”

          With the agreement of the mover and seconder the Motion was amended to read:

          Councillor Carol Shelley moved and Councillor Oliver Donachie seconded:

“This Council notes the car parking issues that have arisen around some of the Borough’s schools. This has led to at times to it being unsafe for pedestrians and also problems for residents living near to the schools who find they are not able to move their own vehicles during these times.

This Council recognises that there is no simple solutions to the problem of parking in and around some schools and recognises the strategies and work that schools have already done to alleviate the problem.  This Council further recognises that schools need support from the Council in solving the on-going parking issues through Traffic Regulation Orders and an increased ability to enforce existing Traffic Regulation Orders.

This Council recognises it does not have enough traffic enforcement officers to make a meaningful impact in enforcing existing parking regulations. This Council believes that granting Police Community Support Officers (PCSOs) the powers to enforce Council parking regulations would enable more visibility and more flexibility to respond quickly to the needs of residents living in neighbourhoods near to schools.

The Council requests that the Leader of the Council write to the Wiltshire and Swindon Police and Crime Commissioner communicating the Council’s interest in granting PCSOs the powers to enforce parking regulations. Council also requests the Cabinet Member for Stretegic Planning, Sustainability and Transport to  ...  view the full minutes text for item 43.

Councillor Cindy Matthews will move:

“Council notes the concerns of some parents over the proposed closure of some of Swindon's Children's Centres and it believes that these centres should remain open for many reasons, including:

• Children's Centres have been working energetically to engage vulnerable groups, and many of these families will not be amenable to other mainstream services.
• The Council's figures show that there will be virtually as many vulnerable children unable to access a Children's Centre in the future than able to access them in the Children’s Centres being retained, with 1759 vulnerable children not having access to a Children's Centre.
• Referrals to Children's Social Care have increased by 38% in the past year, with 45% more children subject to child protection plans.   This suggests a need to keep as much early intervention assistance as possible, which Children’s Centres offer.
• Children’s Centres act as a tool for the Council to prevent at an early stage families finding themselves in a situation where the Council needs to take Children in to Care. It costs the Council on average between £23,000 and £56,000 per annum for every child brought in to care.

Council notes that the Children’s Centres consultation runs until the 3rd October.  Council urges the Cabinet to take full account of the views of those responding and to show that consultations are meaningful by reviewing its proposals accordingly.”

Councillor Cindy Matthews moved and Councillor Mark Dempsey seconded:

“Council notes the concerns of some parents over the proposed closure of some of Swindon's Children's Centres and it believes that these centres should remain open for many reasons, including:

·       Children's Centres have been working energetically to engage vulnerable groups, and many of these families will not be amenable to other mainstream services.

·       The Council's figures show that there will be virtually as many vulnerable children unable to access a Children's Centre in the future than able to access them in the Children’s Centres being retained, with 1759 vulnerable children not having access to a Children's Centre.

·       Referrals to Children's Social Care have increased by 38% in the past year, with 45% more children subject to child protection plans.   This suggests a need to keep as much early intervention assistance as possible, which Children’s Centres offer.

·       Children’s Centres act as a tool for the Council to prevent at an early stage families finding themselves in a situation where the Council needs to take Children in to Care. It costs the Council on average between £23,000 and £56,000 per annum for every child brought in to care.

Council notes that the Children’s Centres consultation runs until the 3rd October.  Council urges the Cabinet to take full account of the views of those responding and to show that consultations are meaningful by reviewing its proposals accordingly.”

          Councillor Finuala Foley moved and Councillor Garry Perkins seconded that the Motion be amended to read:

“Council notes the concerns of some parents over the proposed closure of some of Swindon's Children's Centres.

This Council encourages parents to read the Cabinet report from July 2014 about the proposal and to respond to the consultation.

This Council also notes the proposals regarding the West Swindon Family Centre and Butterflies for which there is a consultation proposal to transform them into multi-generation centres.”

          The Amendment was put to the vote becoming the Substantive Motion.

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

The Cabinet Minute relating to this report will be circulated under separate cover.

          Council considered (a) a joint report of the Leader of the Council and Head of Economy and Skills regarding the introduction of a proposed governance structure within the Swindon and Wiltshire Local Enterprise Partnership, and (b) Minute 32 of the Cabinet (Swindon and Wiltshire Local Enterprise Partnership Governance), and (c) comments of the Leader of the Council regarding investigating the submission to the Council of the minutes of the Swindon and Wiltshire Local Enterprise Partnership for information.

          Resolved – That Minute 32 of the Cabinet (Swindon and Wiltshire Local Enterprise Partnership Governance) be confirmed and adopted.

          The Council considered (a) the minutes of the meeting of the Cabinet held on 23^rd July 2014, and (b) questions to the Cabinet Members regarding their portfolio responsibilities and answers received.

          The Council (a) received the minutes set out in the “Minutes of Other Council Bodies” circulated with the Agenda, and (b) considered questions to Chairs relating to the work of their Committees and other bodies and answers received.

          The Director of Law and Democratic Services reported that Standing Order 15 questions had been received from Councillors Jim Grant, Des Moffatt, Steve Wakefield and Dave Wood.

          Councillor Steve Wakefield asked a supplementary question regarding the prioritisation of those areas most in need of Superfast Broadband.  The Cabinet Member for the Economy, Regeneration and Skills responded at the meeting.