Agenda and minutes

            An apology for absence was received from the Deputy Mayor Mick Bray. 

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.

To receive the minutes of the previous meeting held on 21^st July 2011.

            Resolved – That the minutes of the meeting held on 21^st July 2011, be confirmed and signed.

Members are reminded that at the start of the meeting they should declare any known interests in any matter to be considered, and also during the meeting if it becomes apparent that they have an interest in the matters being discussed.

            Councillor Garry Perkins made a personal declaration of interest in respect of Agenda Item 8(b) (Motion – No Confidence) as one of the persons named in the Motion.

            Councillor Michael Dickinson made a personal and prejudicial declaration of interest in respect of Agenda Item 8(b) (Motion – Swindon University) as he is an employee of New College Swindon.

            Councillor Richard Hurley made a personal and prejudicial declaration  of interest in respect of Agenda Item 8(b) (Motion – Swindon University) as he is an employee of  the Defence Academy.

Councillor Kevin Small made a personal and prejudicial declaration of interestin respect of Agenda Item 9 (Appointments to Council and Outside Bodies) as he is a Non-Executive Director of the Great Western Hospital Trust.

See explanatory note below.

            Mr. Barrie Thompson submitted a written questions relating to road improvements to make Drove Road, Swindon, safer for pedestrians near Chandler Close and Belle Vue.

            The Cabinet Member for Council Transformation, Sustainability, Transport and Strategic Planning tabled a written reply.

            Mr. Barrie Thompson submitted written questions regarding consultation with tenants in sheltered accommodation for the proposed Housing Stock Transfer?

            The Cabinet Member for One Swindon, Communities and Housing tabled a written reply.

            Mr. Martin Wicks submitted written questions regarding the finance associated with any possible Housing Stock Transfer.

            The Cabinet Member for One Swindon, Communities and Housing tabled a written reply.

            Mr. Martin Wicks asked supplemental questions relating to the finance of the Housing Options Appraisal and asked if the Council were willing to consider making available addresses of tenants to groups campaigning against a Stock Transfer.

            The Cabinet Member for One Swindon, Communities and Housing responded at the meeting.

            Mr. Chris Watts submitted written questions regarding whether the Council would consult with residents on Curtis Street, Swindon, to ascertain if it would be preferable to convert the current bus lane into residential parking spaces?

            The Cabinet Member for Cabinet Member for Council Transformation, Sustainability, Strategic Planning and Transporttabled a written reply.

            Mr. Richard Simms asked the Leader of the Council when electronic records of Council meetings would be available to the public.

            The Leader of the Council responded at the meeting.

            Mr. Tim French referred to Open Door’s Centre Award and asked whether the Council would continue to finically support such organisations in the forthcoming Budget?

            The Cabinet Member for Health and Adult Social Care responded at the meeting.

To consider Minutes for Confirmation (Minutes 29, 30 and 31of the Cabinet) together with relevant related reports in the background papers pack. (Yellow).

(1) CouncillorRussell Holland moved and Councillor Roderick Bluh seconded:

“That Minute 29 of the Cabinet (Swindon Housing Vote) be confirmed and adopted.”

The Motion was put to the vote and declared carried.

(2)Councillor Roderick Bluh moved and Councillor Jim Grantseconded:

“That Minute 30 of the Cabinet (Local Government Ombudsman – Annual Letter 2010/2011) be confirmed and adopted.”

            The Motion was put to the vote and declared carried.

(3) CouncillorRoderick Bluh moved and Councillor Jim Grant seconded:

“That Minute 31 of the Cabinet (Reference from Other Council Bodies – Independent Remuneration Panel) be confirmed and adopted.”

The Motion was put to the vote and declared carried.

To consider any petition received in accordance with the Council’s Petition Scheme.

            There were no petitions to be considered under the Council’s petition scheme. 

Councillor Brian Ford will move and Councillor Kevin Parry will second:

This Council notes with concern the proposal by Agincare to rename Langton House, Wroughton and Wick House, Dorcan.

This Council reaffirms its tradition of naming buildings and streets after former Councillors who gave so much of their lives in public service to the community.

Therefore, this Council requests that the Leader of the Council write to Agincare to request most earnestly that it rethinks its proposals to rename Langton House and Wick House and that a copy of this letter should be sent to the Wroughton and Chiseldon Parish Councils.

This Council further requests that the Cabinet Members advise officers that when any other Council assets are transferred, whether it is to a charity, a voluntary group, a social enterprise or a private company, that the existing name be respected.”

Councillor Brian Ford moved and Councillor Kevin Parry seconded:

" This Council notes with concern the proposal by Agincare to rename Langton House, Wroughton and Wick House, Dorcan.

This Council reaffirms its tradition of naming buildings and streets after former Councillors who gave so much of their lives in public service to the community.

Therefore, this Council requests that the Leader of the Council write to Agincare to request most earnestly that it rethinks its proposals to rename Langton House and Wick House and that a copy of this letter should be sent to the Wroughton and Chiseldon Parish Councils.

This Council further requests that the Cabinet Members advise officers that when any other Council assets are transferred, whether it is to a charity, a voluntary group, a social enterprise or a private company, that the existing name be respected.”

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

            " This Council notes with concern the proposal by Agincare to rename Langton House, Wroughton and Wick House, Dorcan.

This Council reaffirms its tradition of naming buildings and streets after those who gave so much of their lives in public service to the community.

Therefore, this Council requests that the Leader of the Council write to Agincare to request most earnestly that it rethinks its proposals to rename Langton House and Wick House and that a copy of this letter should be sent to the Wroughton and Chiseldon Parish Councils.

This Council resolves to make it Council policy that when any Council assets are transferred, whether it is to a charity, a voluntary group, a social enterprise or private company that the existing name be retained through a legal clause or agreed to be amended by Full Council.”

            The Motion was put to the vote and declared carried.

             Councillor Jim Grant moved and Councillor Bob Wright seconded:

“This Council notes the decision made by Swindon Borough Council’s Leader and Lead Member for Finance to enter in to an agreement with Digital City (UK) Ltd to provide Wi-Fi coverage across the Borough, with the Council loaning £400,000 to Digital City. In the Cabinet Member Briefing Note used to authorise the deal, it is stated that, should Digital City default on the repayment of the loan back to the Council, security is provided through the transfer of the ownership of Digital City’s assets back to the Council (Cabinet Members and senior officers have been on record as saying the value of the company’s assets was the same as the value of the loan).

This Council also notes the international publicity that arose from this decision, with the Leader of the Council and the then CEO of Digital City lauding the public-private partnership and suggesting this could be a flagship project for other local authorities around the world to follow.

In light of Digital City not paying anything back to the Council on its loan, either monetarily or through the value of its assets and the damage the Council’s reputation has received at an international level, this Council therefore has no confidence in its Leader and calls on him to resign from his Cabinet position forthwith.

This Council also notes the minutes of the Special Committee Meeting on the 25^th of March 2010, where Councillor Gary Perkins was appointed to act on behalf of the Council as a Director of Digital City.

The Council believes that Councillor Perkins has failed in his duty as a Council-appointed director to protect the Council’s interests, including not calling a meeting of the Digital City Board since being appointed and failing to act on Digital City (UK) Ltd. being warned by Companies House it would dissolve as a company by November, which would have led to the company’s assets being transferred to the Government. 

This Council therefore has no confidence in the Deputy Leader of the Council and calls on him to resign from his cabinet position forthwith.

This Council also calls for an immediate extraordinary meeting of the Digital City Board of Directors to determine how the company will pay back the Council the full value of its loan and instructs its Chief Executive, in consultation with the Council’s political group leaders, to produce a report to the next Full Council Meeting detailing what the Council’s £400,000 loan to Digital City (UK) Ltd. has been spent on.”

            The Motion was put to the vote and declared lost.

A formal division was requested in accordance with Standing Order 14(2).

            Members voting for the motion were Councillors Junab Ali, Steve Allsopp, Paul Baker, John Ballman, Mark Dempsey, Jim Grant, Jenny Millin, Des Moffatt, Derique Montaut, Ellen Osa, Rochelle Russell, Kevin Small, Joe Tray, Steve Wakefield and Bob Wright.

            Members voting against the motion were Councillors Andy Albinson, Rex Barnett, Andrew Bennett, Roderick Bluh, Mavis Childs,  ...  view the full minutes text for item 46.

Councillor Mark Dempsey will move and Councillor Kevin Small will second that:

“This Council recognises that a university for Swindon is vital to unlock the talents of local people and drive economic regeneration.

This Council further believes that the ideal location within the borough for an educational facility like this would be at the North Star site; however the Council needs to be flexible in how it delivers such a facility.

This Council therefore resolves to request Cabinet to consider:

(i) the creation of a long-term plan for the establishment of a University for Swindon to unlock the talents of local people and to drive economic regeneration. This plan will include:              

·        How a University for Swindon can integrate with industry to provide opportunities for retraining and skills development in Swindon

·          How a University for Swindon can attract new businesses to the town

·        A framework for attracting a university provider to Swindon and will consider the launch of a competition for a university provider and the creation of a specialist university project team

·        Request property officers keep the need for land to fulfil this objective in focus and ensure it remains within the core strategy; and

(ii) collaborating with further education providers and local employers within the town to bid for a University Technical College to extend skills and training provision in Swindon and create the foundations for a university in the town and to and report back to Council by 29^th March 2012.”

Councillor Mark Dempsey moved and Councillor Kevin Small seconded:

“This Council recognises that a University for Swindon is vital to unlock the talents of local people and drive economic regeneration.

This Council further believes that the ideal location within the Borough for an educational facility like this would be at the North Star site; however the Council needs to be flexible in how it delivers such a facility.

This Council therefore resolves to request Cabinet to consider:

(i) the creation of a long-term plan for the establishment of a University for Swindon to unlock the talents of local people and to drive economic regeneration. This plan will include:              

·        How a University for Swindon can integrate with industry to provide opportunities for retraining and skills development in Swindon;

·          How a University for Swindon can attract new businesses to Swindon;

·        A framework for attracting a university provider to Swindon and will consider the launch of a competition for a university provider and the creation of a specialist university project team;

·        Request property officers keep the need for land to fulfil this objective in focus and ensure it remains within the core strategy; and

(ii) collaborating with further education providers and local employers within the town to bid for a University Technical College to extend skills and training provision in Swindon and create the foundations for a university in the town and to report back to Council by 29^th March 2012.”

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

“This Council recognises that a higher education institution and a University Technical College for Swindon are vital to unlock the talents of local people and drive economic regeneration. This Council therefore resolves to request Cabinet to welcome:

(i) the creation of a long-term plan for the establishment of a University for Swindon to unlock the talents of local people and to drive economic regeneration. This plan will include:              

·        How a University for Swindon can integrate with industry to provide opportunities for retraining and skills development in Swindon;

·          How a University for Swindon can attract new businesses to the town;

·        A framework for attracting a university provider to Swindon and will consider the launch of a competition for a university provider and the creation of a specialist university project team;

·        Request property officers keep the need for land to fulfil this objective in focus and ensure it remains within the core strategy; and

(ii) the proposed Cabinet report scheduled for 19^th October 2011 and to ask the Cabinet Member for Children’s Service to include in that report ho he will continue to work with further education providers, Oxford Brookes University, the Baker-Dearing Trust and local employers within the town to bid for a University Technical College to extend skills and training provision in Swindon.”

            The Motion was put to the vote and declared carried.

(Councillor Michael Dickinson made a personal and prejudicial declaration in respect of this item as he was an employee for New College Swindon  ...  view the full minutes text for item 47.

Councillor Dale Heenan will move and Councillor Michael Dickinson will second:

“The Green Flag Award Scheme, led by Keep Britain Tidy, recognises and rewards the best green spaces in the country and is the benchmark national standard for parks and green spaces.

This Council:

• Welcomes the award of a Green Flag, and Green Heritage status, to Lydiard Park in recognition of its sustainability, conservation, heritage and green space that is clean and well maintained. 
• Notes that Lydiard park joins Stanton Park and Coate Water Country Park in achieving this standard since 2004.
• Asks the Chief Executive to recognise the efforts of staff and volunteers in acheiving this prestigious standard.

Requests that the Cabinet Member for Parks brings forward an action plan to see parks and open spaces across Swindon achieve the Green flag standard.”

Councillor Dale Heenan moved and Councillor Michael Dickinson seconded:

“The Green Flag Award Scheme, led by Keep Britain Tidy, recognises and rewards the best green spaces in the country and is the benchmark national standard for parks and green spaces.

This Council:

·         Welcomes the award of a Green Flag, and Green Heritage status, to Lydiard Park in recognition of its sustainability, conservation, heritage and green space that is clean and well maintained. 

·         Notes that Lydiard Park joins Stanton Park and Coate Water Country Park in achieving this standard since 2004.

·         Asks the Chief Executive to recognise the efforts of staff and volunteers in achieving this prestigious standard.

Requests that the Cabinet Member for Streetsmart and Parks brings forward an action plan to see parks and open spaces across Swindon achieve the Green Flag standard.” 

            The Motion was put to the vote and declared carried.

Councillor Russell Holland will move and Councillor Garry Perkins will second:

“This Council welcomes the announcement by Grant Shapps on 1^st August that Swindon Borough Council could proceed with a ballot of its tenants on their future management.

This Council welcomes tenants’ right to choose and supports tenants in having access to all the information they need to make an informed choice. 

This Councils requests that all Councillors seek the advice of the Independent Tenants Advisor to ensure that their communications with tenants are fair and impartial and in accordance with the current government guidelines.”

With the agreement of the Council, Councillor Russell Holland moved and Councillor Garry Perkins seconded:  

“This Council welcomes the announcement by Grant Shapps on 1^st August 2011 that Swindon Borough Council could proceed with a ballot of its tenants on their future management.

This Council welcomes tenants’ right to choose and supports tenants in having access to all the information they need to make an informed choice. 

This Council requests that all Councillors seek advice to ensure that their communications with tenants are fair and impartial and in accordance with the current government guidelines.”

            The Motion was put to the vote and declared carried.

To consider appointments to Council and Other Bodies.

            The Director of Law and Democratic Services submitted a report setting out proposed changes to the Council and Outside Bodies.

            Resolved – (1)  That Councillor Russell Holland be appointed as this Council’s representative to serve on the South West Regional Executive Board for Asylum Seekers for the remainder of the Municipal Year, 2011/12.

(2) That Councillor Russell Holland be appointed to replace Councillor Brian Mattock as a representative to serve on the Council’s Housing Advisory Forum for the remainder of the Municipal Year, 2011/12.

(3) That Councillor Mavis Childs be appointed to replace Councillor Peter Heaton-Jones as a representative to serve on the Council’s Housing Advisory Forum for the remainder of the Municipal Year, 2011/12.

(4) That Councillor Brian Mattock be appointed to serve as an appointed Governor on the Great Western Hospital NHS Foundation Trust for a three year term of office.

(5) That the representatives for Groups A, B, and C of the Standing Advisory Council on Religious Education (SACRE) be appointed for a four year term of office as set out on the papers circulated at the meeting.

(6) That Councillor Andy Harrison be appointed to replace Councillor Steve Allsopp as a representative to serve on the Shadow Housing Board for the remainder of the Municipal Year, 2011/12.

(7) That the Adult Social Care Enterprise Board be requested to appoint two Councillors as Non-Executive Directors of the company and that Councillors Brian Mattock and Jenny Millin be nominated as the Council’s representatives for the remainder of the Municipal Year, 2011/12.

(8) That Councillor David Wren be appointed to replace Councillor Eric Shaw as a representative serving on the as a representative serving on the Town Twinning Network for the remainder of the Municipal Year, 2011/12.

(Councillor Kevin Small made a personal and prejudicial declaration in respect of this item as a Non-Executive Director of the Great Western Hospital Trust.)

Members have the opportunity to raise questions with the relevant Cabinet Member in respect of Cabinet minutes (which are not reserved for Council for decision) and in respect of individual Cabinet Member delegated decisions.

            The Council considered (a) the minutes of the meetings of the Cabinet held on 13^th July and 7^th September 2011, (b) decisions taken by Cabinet Members relating to delegated decisions taken under their portfolio responsibilities, and (c) questions to the Cabinet Members regarding their portfolio responsibilities and answers received.

Members have the opportunity to raise questions with the relevant Chair in respect of all other Committee minutes (not reserved to Council for decision), as set out in the Minute Book circulated separately. 

            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 regarding the work of their Committees and other bodies and answers received.

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

b          The Director of Law and Democratic Services reported that Standing Order 15Questions had been received from Councillors Junab Ali, Steve Allsopp, Mark Dempsey, Stan Pajak, Steve Wakefield and Bob Wright.

            Councillor Junab Ali asked a supplementary question regarding the schedule of works and potential loss of revenue and the Cabinet Member for Leisure and Corporate Services responded at the meeting.

            Councillor Steve Allsopp asked the following supplementary question, “could there be further negotiations with Central Government to reduce potential costs to Swindon residents arising from an arbitory figure for housing debt?”   The Leader of the Council responded that the opportunity of avoiding the housing debt completely was by going to ballot, thus giving residents of Swindon and housing tenants the opportunity of avoiding paying Central Government £145 million.

            Councillor Mark Dempsey asked the following supplementary question, “When will the CACI report referred to in the final paragraph of the written reply would be made available to him?

            The Deputy Leader of the Council indicated he would provide a written response.

            Councillor Mark Dempsey asked the following supplementary question, “Will the Cabinet Member for Customer Services and a Safer and Stronger Borough be willing to explain the implications of his response to the residents of Parks Ward?”  The Cabinet Member for Customer Services and a Safer and Stronger Borough advised that he would be willing to discuss this issue with Councillor Mark Dempsey.

            Councillor Jenny Millin in a supplementary question indicated that she was angry that she had not been consulted with regard to the use of Section 106 Monies raised or spent affecting her Ward and asked for assurances that she would be consulted in the future.  The Leader of the Council indicated he would also raise this issue with the Cabinet Memberfor Council Transformation, Sustainability, Strategic Planning and Transport.

            Councillor Stan Pajak asked asked the following supplementary question, “Could the consultation process regarding Section 106 Monies be strengthened?”  Councillor Dale Heenan noted that The Register of Section 106 Money was publically available.

            Councillor Steve Wakefield in a supplementary question asked if graffiti disclaimer forms could be made available in the Members Room?

            The Cabinet Member for Streetsmart and Parks indicated he would investigate this proposal.

            Councillor Bob Wright asked the following supplementary question, “When did the Cabinet Member for Finance seek and receive the advise referred to in his written response?”

            The Cabinet Member for Finance indicated that he would provide Councillor Bob Wright with a written response.