Agenda and minutes

            Apologies for absence were received from Councillors Mike Bawden, Wayne Crabbe and Brian Ford. 

            The Mayor (Councillor Ray Ballman) called upon the Councillors to elect a qualified person to be Mayor of the Borough for the Municipal Year, 2012/13.

            Councillor Michael Dickinson moved and Councillor Nick Martin seconded and the Council unanimously agreed that Councillor Mick Bray be Mayor of the Borough for the ensuing Municipal Year. (Councillors Roderick Bluh, Jim Grant and Stan Pajak offered their support and congratulations to the Mayor, on behalf of their political groups.)

            Councillor Mick Bray made and signed the Declaration of Acceptance of Office.

(The Worshipful the Mayor (Councillor Mick Bray) in the Chair.)

            The Mayor (Councillor Mick Bray) thanked the Council for his election to the post of Mayor of the Borough.

            Councillor Kevin Small moved and Councillor Jim Grant seconded and the Council agreed that Councillor Ray Ballman be thanked for her year of service as Mayor of the Borough. (Councillors Roderick Bluh, Rochelle Russell and Stan Pajak thanked the retiring Mayor on behalf of their political groups.)

            Councillor Ray Ballman thanked Members and Officers for their support over the preceding year in assisting her with carrying out her duties and informed Members of the highlights of her Mayoral Year and charities she had supported.

            The Mayor called upon the Councillors to elect a qualified person to be Deputy Mayor of the Borough for the Municipal Year, 2012/13.

            Councillor Garry Perkins moved and Councillor Keith Williams seconded and the Council agreed that Councillor Nick Martin be Deputy Mayor of the Borough for the ensuing Municipal Year. (Councillors Roderick Bluh, Jim Grant and Stan Pajak offered their congratulations to the Deputy Mayor on behalf of their respective parties.)

            The Deputy Mayor (Councillor Nick Martin) thanked Council for his election to the post of Deputy Mayor of the Borough.

The Director of Law and Democratic Services reported the return of Councillors elected on 3^rd May 2012, to fill vacancies occasioned by the retirement of Councillors under the provisions of the Local Government Act 1972 namely:- 

WARD                                                NAME OF COUNCILLOR ELECTED

            The Mayor, on behalf of the Council, thanked those Councillors who had retired from Council service.

The Chief Executive reported that no communications had been received.

            Resolved – That the minutes of the meeting held on 29^th March 2012, 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. 

(Councillor Jim Grant made a personal and prejudicial declaration of interest in respect of Agenda Item No. 13, as he was employed by the Wiltshire Police Authority.) 

(Councillor Kevin Small made a personal and prejudicial declaration of interest in respect of Agenda Item No. 13, as he was a Member of the Wiltshire and Swindon Local Government Pension Fund.) 

(Councillor Nicky Sewell made a personal and prejudicial declaration of interest in respect of Agenda Item No. 13, as she is an employee of Wiltshire Police.) 

(Councillor Joe Tray made a personal and prejudicial declaration of interest in respect of Agenda Item No. 13, as he was employed by the Wiltshire and Swindon Fire and Rescue Service.) 

            Mr. Brian Cockbill tabled written questions regarding (a) information received by Forward Swindon prior to an announcement by Patheon, (b) The Home Repair Assistance Grant, and (c) the withdrawal of Thamesdown Transport services.

            A written response was tabled at the meeting.

            Mr Brian Cockbill asked a supplemental question regarding an application made under the Home Repair Assistance Grant scheme.

            The Leader of the Council indicated that Mr. Cockbill would be provided with a written response.

            Ms. Josie Lewis tabled written questions regarding Gorsehill Open Space. 

            The Leader of the Council indicated that Ms. Lewis would receive a written response.

            Mr. James Boyd asked a question regarding Councillor Roderick Bluh’s election as a Councillor and as Leader of the Conservative Group on the Council.

            The Leader of the Council responded at the meeting.

            Mr. James Boyd asked the Leader of the Council how, if he were re-elected as Leader of the Council, his administration would deliver services to the people of Swindon.

            The Leader of the Council indicated that, if Mr. Boyd submitted his question in writing, he would be provided with a written response.

            Mr. James Boyd asked about comments attributed to the Leader of the Council during the election campaign.

            The Leader of the Council indicated that, if Mr. Boyd submitted his question in writing, he would be provided with a written response.

            Mrs. Kareen Boyd asked a question relating to the financial viability of two form entry for primary schools.

            The Cabinet Member for Children’s Services responded at the meeting.

            Mrs. Kareen Boyd asked a supplemental question regarding the number of pupils required to make a new school viable?

            The Cabinet Member for Children’s Services indicated that ,if Mrs. Boyd submitted her question in writing, she would be provided with a written

response.

            Mrs. Kareen Boyd asked a question relating to breaches of planning permission and the Local Authority’s responsibility in respect of planning enforcement action.

            The Leader of the Council indicated that Mrs. Boyd would receive a written response which would be circulated to all Councillors.

Councillor David Renard moved and Councillor Claire Ellis seconded:

“That Councillor Roderick Bluh be appointed as Leader of Swindon Borough Council.”

Councillor Ann Richards moved and Councillor Dave Wood seconded:

“That Councillor Stan Pajak be appointed as Leader of Swindon Borough Council.”

Following the withdrawal of his nomination by Councillor Stan Pajak the following Motion was put to the Council:

“That Councillor Roderick Bluh be appointed as Leader of Swindon Borough Council.”

The Motion was put to the vote and declared carried.

Councillor Roderick Bluh thanked the Council for his appointment and tabled details of his Cabinet appointments (attached as Appendix 1).

            Councillor Roderick Bluh moved and Councillor David Renard seconded:

            “(1) That Swindon Council’s Constitution for the Municipal Year 2012/13 be adopted.

            (2) That the Director of Law and Democratic Services be authorised, in consultation with the members of the Corporate Governance Review Working Party where appropriate, to vary the wording and layout of the Constitution and its associated documentation to reflect legislative and procedural changes should this prove necessary for the efficient discharge of Council business during the course of the Municipal Year.” 

            The Motion was put to the vote and declared carried.

            The Director of Law and Democratic Services submitted a report setting out proposed changes to the governance arrangements for the new National Health Services Act 2006 Section 75 Agreements and new proposed Terms of Reference for a Joint Commissioning Board across Adult and Children’s Services.

            Councillor David Renard moved and Councillor Brian Mattock seconded:

“(1) That Minutes 23 of the Children and Young People’s Joint Commissioning Board (Joint Commissioning Boards Arrangements across Children and Adult Services) and 34 of the Joint Commissioning Board (Adult Services) (Joint Commissioning Boards Arrangements across Children and Adult Services) be confirmed and adopted.

(2) That the new governance arrangements for the new National Health Services Act 2006 Section 75 Agreements be approved and adopted.

(3) That The Terms of Reference for the (Joint Commissioning Boards Arrangements across Children and Adult Services) as set out in Appendix 1 of the Director of Law and Democratic Services report be approved and adopted.

(4) That the Council Membership for the Joint Commissioning Board include the Cabinet Member for Health and Adult Social Care, the Cabinet Member for Children’s Services and a representative of the largest minority group on the Council.

(5) That, further to (4) above, an individual and specific deputy be appointed for each Cabinet Member in order to ensure that both Adult and Children’s Services are appropriately represented.”

            The Motion was put to the vote and declared carried.

Councillor Roderick Bluh moved and Councillor David Renard seconded:

That the number of Members to serve on Swindon Borough Council’s Committees for the Municipal Year 2012/13, be as follows:

Appeals Committee – 15 Members

Appointments Committee – 15 Members

Audit Committee – 7 Members

Footpaths and Rights of Way Committee – 7 Members

Licensing Committee – 15 Members

Planning Committee – 15 Members

Special Committee – 9 Members

Scrutiny Committee – 13 Members

Health Overview and Scrutiny Committee – 13 Members

Children and Young People Overview and Scrutiny Committee – 13 Members

Economic, Environmental and Sustainability Overview and Scrutiny Committee – 13 Members

Safer and Stronger Communities Overview and Scrutiny Committee – 13 Members

Standards Committee – 5 Members

            The Motion was put to the vote and declared carried.

Councillor Roderick Bluh moved and Councillor David Renard seconded:

            (1) That having carried out a review under Section 15 of the Local Government and Housing Act 1989 the Council continues to apply the political balance provisions under the Act.

            (2) That Committees and other relevant Council Bodies be reminded of their duty to carry out a review under Section 15 of the Local Government Housing Act 1989, as appropriate, and recommends that having carried out that review they continue to apply the political balance provisions.

            (3) That the Council’s waiving of the political balance arrangements on the Great Western Joint Ambulance Trust Overview and Scrutiny Committee be confirmed.

            (4) That Councillors be appointed to serve on the Council’s Committees for the Municipal Year 2012/13, as set out in Appendix 2 to the Minutes.

            (5) That Chairs and Vice-Chairs be appointed to the Council’s Committees for the Municipal Year 2012/13, as set out in the Appendix 2 to the Minutes.

            (6) That the nominations of Councillors serving on Cabinet Advisory Bodies for the Municipal Year 2012/13, as set out in Appendix 2 to the Minutes, be noted.

            (7) That representatives be appointed to serve on Other and Outside Bodies for the Municipal Year 2012/13, be as set out in Appendix 2 to the Minutes. 

            (8) That appointments to the One Swindon Board, the Heritage Board and the Shadow Health and Well-Being Board be deferred in order to allow the Leader of the Council to seek additional representation for Council nominees to serve on those bodies.

            (9) That Mr. Keith Carby, Mr. Trevor Davies, Mr. David Dawson and Mr. Paul Morris (Independent Members) and Mr. Mike Compton, Mr. Gerry Eyles and Mr. Richard Hailstone (Parish Council Representatives) be appointed to serve on the Council’s Standards Committee for the Municipal Year 2012/13, or until a new Standards Committee is formed under the forthcoming new Regulations.

(Councillor Jim Grant made a personal and prejudicial declaration of interest in respect of this item as he was employed by the Wiltshire Police Authority.) 

(Councillor Nicky Sewell made a personal and prejudicial declaration of interest in respect of this item as she was employed by the Wiltshire Police.) 

(Councillor Kevin Small made a personal and prejudicial declaration of interest in respect of this item as he was a Member of the Wiltshire and Swindon Local Government Pension Fund.) 

(Councillor Joe Tray made a personal and prejudicial declaration of interest in respect of this item as he was employed by the Wiltshire and Swindon Fire and Rescue Service.) 

Councillor Roderick Bluh moved and Councillor David Renard seconded:

(1) That the Timetable of Meetings for the Municipal Year 2012/13, as set out in Appendix 1, to the report of the Director of Law and Democratic Services, be approved.

(2) That the Director of Law and Democratic Services, in consultation with the Leader of the Council, be authorised to vary the dates for meetings of the Council, the Cabinet, Committees and Other Swindon Borough Council bodies should this prove necessary for the efficient discharge of Council business.

            The Motion was put to the vote and declared carried. 

Councillor Jim Grant will move:

“This Council notes the clear opposition to the disposal of land at Pickards Small Field and Kembrey Grass Field and related open space, as evidenced by the 2012 local election result in the Gorse Hill & Pinehurst Ward.

This Council also wishes to make clear that it does not support the disposal of public land at Pickards Small Field and Kembrey Grass Field and wishes this land to remain as open space.

This Council recommends that Cabinet request the Councillors within the North-Central Swindon Locality to engage with local residents on the future of the site of Pickards Small Field and Kembrey Grass Field and the surrounding open spaces of Gorse Hill & Pinehurst, and report back to Cabinet prior to any disposal of land at these sites.”

            Councillor Jim Grant moved and Councillor Ray Ballman seconded:

“This Council notes the clear opposition to the disposal of land at Pickards Small Field and Kembrey Grass Field and related open space, as evidenced by the 2012 local election result in the Gorse Hill and Pinehurst Ward.

This Council also wishes to make clear that it does not support the disposal of public land at Pickards Small Field and Kembrey Grass Field and wishes this land to remain as open space.

This Council recommends that Cabinet request the Councillors within the North-Central Swindon Locality to engage with local residents on the future of the site of Pickards Small Field and Kembrey Grass Field and the surrounding open spaces of Gorse Hill and Pinehurst, and report back to Cabinet prior to any disposal of land at these sites.”

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

“This Council wishes to make clear that it seeks to protect public land and open space.

This Council recommends that Cabinet request that the Councillors within the North Central Swindon locality continue to engage with local residents on the future of the Pickards Small Field and Kembrey Grass Field and the surrounding open spaces of Gorse Hill and Pinehurst, and report back to Cabinet prior to any disposal of land at these sites.”

            The Motion was put to the vote and declared carried.

            The Director of Law and Democratic Services submitted a report regarding an agreed delegation process to channel future decisions relating to the Trust Funds managed by the Council.

            Councillor Rod Bluh moved and Councillor David Renardseconded:

“The Board Director Finance, Revenues, Benefits and Property be authorised, in consultation with the Lead and Shadow Members for Finance and Children’s Services, to agree operational changes to the Trust Funds, including amalgamating small Trust Funds and modernising the purposes of Funds in liaison with the Charities Commission, and to endorse the annual accounts, reporting back annually to the Council thereon.

The Council remains as Trustees of the Funds in respect of any strategic changes to the physical assets within the Funds, with any such proposals being referred to Council on recommendation from Cabinet.”

       The Motion was put to the vote and declared carried.

            Councillor Kevin Small asked the Leader of the Council to investigate the circumstances of the fire of the vacant property at 9 Deburgh  Street which the Council had agreed to compulsory purchase approximately twelve months previously. He also requested that the investigation include the current position of the Compulsory Purchase Order.

            The Leader of the Council agreed to investigate this matter and respond to Councillor Small.