Agenda and minutes

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

Councillor Brian Mattock made a personal declaration of interest in respect of Agenda Item 13 (References from Other Council Bodies (Economic, Environmental and Sustainability Overview and Scrutiny Committee / Town Twinning Network)) as he is a former Secretary of the Swindon Twinning Association.

To receive the minutes of the meeting held on 23^rd April 2014.

Resolved – That the minutes of the meeting held on 23 April 2014, be confirmed and signed as a correct record.

Questioner

Mr Des Morgan had submitted written questions to the Cabinet Member for Economy, Regeneration and Skills regarding Agenda Item 9 – Superfast Broadband Extension Programme prior to the meeting.

Response

The written response from the Cabinet Member was tabled at the meeting and noted.

Questioner

Mr Terry Reynolds, Wheeler Avenue, Swindon, had submitted written questions to the Cabinet Member for Economy, Regeneration and Skills regarding Agenda Item 9 – Superfast Broadband Extension Programme prior to the meeting.

Mr Reynolds asked a supplementary question regarding two separate internet providers being financed by the Council. He also noted that he had not received a written response to his question submitted to the Annual Council meeting on 6 June 2014 regarding vending machine hire from the Cabinet Member for Corporate Services and Leisure.

Response

The written response from the Cabinet Member for Economy, Regeneration and Skills was tabled at the meeting and noted. The Chair responded at the meeting to the supplementary question. The Cabinet Member for Corporate Services and Leisure undertook to ensure Mr Reynolds will receive a written response to his question to Annual Council.

Questioner

Mr Mike Bawden addressed the Cabinet on behalf of the Swindon Masonic Lodge regarding Agenda Item 14 – Progressing the Economic Strategy – Corn Exchange, Old Town, Swindon, and requested a meeting between the Cabinet Member for the Economy, Regeneration and Skills, relevant officers and representatives from the Masonic Lodge, to discuss the decision and associated issues.

Response

The Chair thanked Mr Bawden for his comments and agreed that a briefing would be arranged.

Questioner

Mrs Martha Parry, on behalf of Swindon Civic Voice, had submitted written questions to the Cabinet Member for Corporate and Leisure Services regarding Agenda Item 6 – Options Appraisal – Leisure Commissioning, prior to the meeting.

Response

The written response from the Cabinet Member was tabled at the meeting and noted.

Questioner

Mr Brian Cockbill asked a question regarding a report being made available on the consultation undertaken with Primary Schools concerning free hot meals being made available by September 2014, with particular reference to the dates the Stratton Grange Federation were contacted.

Response

The Cabinet Member for Children’s Services undertook to provide a written response to Mr Cockbill.

Questioner

Mrs Boyd asked a question regarding a legal clause that allows the Council to build on Croft fields, and what the Council’s intentions were in the future.

Response

The Chair thanked Mrs Boyd for her question and comments and advised that a written response would be provided.

Certain items are expected to include the consideration of exempt information and the Cabinet is, therefore, recommended to resolve "That, in accordance with Section 100A(4) of the Local Government Act 1972, the public be excluded during the discussion of the matters referred to in the items listed below, on the grounds that they involve the likely disclosure of exempt information, as defined in the respective paragraph of Part 1 of Schedule 12A of the Act, and the public interest in maintaining the exemption outweighs the public interest in disclosing the information".

            Resolved – That, in accordance with Section 100A(4) of the Local Government Act 1972, the public be excluded during the discussion of the matters referred to in Agenda Item No. 14 of the Notice of the Meeting on the grounds that it involves the likely disclosure of exempt information, as defined in Paragraph 3 of Part 1 of Schedule 12A of the Act, and that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. (Minute 13 refers)

The Cabinet Member for Corporate Services and Leisure and the Board Director, Service Delivery submitted a joint report concerning the implementation of the next stage of the Leisure and Culture Commissioning change programme in respect of the Council’s leisure and golf facilities, which will ensure the most viable option for continued delivery of a sustainable provision within the Borough. The report outlines the results of additional consultation and engagement, and will be considered by both Cabinet and Council.

Councillor Keith Williams, Cabinet Member for Corporate Services and Leisure, introduced the report and referred to how the proposals will both reduce the leisure subsidy to zero and remove any maintenance costs to the Council. He noted the two prospective providers that have been shortlisted, and set out their suitability and commitment to these proposals.

Councillor Des Moffatt (Rodbourne Cheney Ward) welcomed the exclusion of Moredon Golf from the proposals and asked for further consideration of the area with a view to creating a sports and leisure hub with possible third party management of the site.

Councillor Williams noted that proposals for the Moredon Golf site are aspirational and would require funding. Sport England is keen to develop sporting hubs, but local support would be required to move proposals forward.

Councillor Jim Robbins, Opposition Spokesperson for Leisure, Libraries and Culture, indicated his support of the proposals contained within the report, and noted the possibility of Haydon Wick Parish Council taking over responsibility for the Haydon Centre. He also suggested that the Council should retain golf courses rather than lease them out, and asked that the Croft playing fields be removed from the proposals with Greenwich Leisure Limited (GLL) managing them on the Council’s behalf.  

Sue Mendham, Head of Commercial Services, advised that representatives of Haydon Wick Parish Council had attended the soft market testing meetings undertaken by the Council in June 2013, but unfortunately had been unable to answer the questions supplied in advance of the meeting.  She further advised that the Council had tried to contact the Parish Council at the point of publication of the July 2013 Cabinet report on the Leisure Options, but received no response. She also noted that if Croft playing fields were removed from the proposal and were required to be managed under a Management Contract, under EU procurement law there would have to be a tender for the services and GLL could choose whether or not they wished to bid.

Councillor Williams noted that if the Council retains control of the golf courses they also retain liability if profits are not meeting expectations.

Councillor Russell Holland, Cabinet Member for Finance, queried the implications on the proposals if the golf courses were retained by the Council. Councillor Williams noted that the golf courses are the subject of a separate proposal already.

Councillor Stan Pajak, Leader of the Minority Group, indicated his support of the proposals but noted the length of the lease for golf was still quite long. He also queried if the private operators  ...  view the full minutes text for item 5.

The Cabinet Member for Finance and the Board Director, Resources, submitted a joint report concerning the 2013-14 Revenue Budget out-turn based on actual expenditure incurred during the financial year ending 31 March 2014, including (a) the 2013-14 General Fund Out-turn, (b) a summary of spending across the departments, (c) the details of new funding available in 2014-15, (d) the Business Rates Retention Scheme, (e) detail on Swindon Commercial Services Ltd, (f) the Housing Revenue Account, (g) the Dedicated Schools Grant, and (h) a Capital Programme update.

Councillor Russell Holland, Cabinet Member for Finance, introduced the report and referred to paragraph 10.4 on page 45 of the report and asked members to note that it should read that all schools will be asked to contribute at least 5% towards their costs, not 20%.

Councillor Des Moffatt requested that the Thamesdown Drive extension to Barnfield be considered again in light of the total £6.789m infrastructure reserve.

Councillor Dale Heenan, Cabinet Member for Strategic Planning, Sustainability and Transport, indicated his support for the Thamesdown extension road but confirmed that £600k would not be spent on consultants.

The Chair confirmed that all infrastructure funding is now sourced through the Local Enterprise Partnership. The required funding of around £60m to build the extension would have to be in place before this Council would consider spending £600k.

            Resolved – For 2013-14: (1) To note that the 2013-14 Out-turn was delivered within Budget for the eighth year running.

            (2) To note that the out-turn for each service area set out in Table One and Appendix One assumes that the proposed reserve movements reflected in the balances set out in Appendix Three are agreed.

            (3) To approve the level of specific Council reserves held as at 31st March 2014 as set out in Appendix Three, noting the key changes recommended by the Board Director, Resources set out in Table Two.

            (4) To note the out-turn position for the Housing Revenue Account and Dedicated Schools Grant.

For 2014-15:

(5) To agree to continue the practice of implementing Budget savings as early as possible to generate in-year capacity to fund any up-front costs associated with delivering on-going Budget savings, noting that this may well result in the current year Budget being underspent.

(6) To endorse the carry forward of £313,878 of the unspent Emergency Assistance Fund into 2014-15 to allow the Council to use all of this earmarked funding to support vulnerable people as was intended by the Government.

(7) To approve that £125k of new Care Bill Implementation Grant is added to the 2014-15 Budget for Adult Social Care.

In respect of the Council’s Capital Programme:

(8) To note that Swindon has received a capital allocation of £360,965 for community and voluntary controlled schools to fund the implementation of Universal Infant Free School meals and approve that this funding is incorporated into the Council’s Capital Programme and fully allocated across schools during 2014-15.

(9) To approve the additional capital budget for Plas Pencelli enhancement works of £167,000 to be  ...  view the full minutes text for item 6.

The appendices for this report are contained in the “Additional Papers” Pack circulated with the Agenda.

The Cabinet Member for Children’s Services and the Board Director, Commissioning (DCS/DASS) submitted a joint report concerning the findings of the Care Quality Commission inspection of health services for children looked after and safeguarding, and Ofsted’s inspection of services for children in need of help and protection, children looked after and care leavers and the review of the effectiveness of the Local Safeguarding Children’s Board, and the actions planned to meet the identified areas for development.

Councillor Fionuala Foley, Cabinet Member for Children’s Services, introduced the report and referred to the average numbers of children in Swindon who are on protection plans or being looked after. She noted that this report has been taken to other arenas such as the Local Safeguarding Children’s Board and that the associated action plans will be monitored.

Councillor Jim Grant, Leader of the Opposition, queried if the action plan resulting from the Ofsted inspection will be fleshed out prior to the Scrutiny Committee meeting in September 2014. He also queried how much funding would be required to achieve the improvements requested from the reviews.

Councillor Foley confirmed that all background information pertaining to the action plans is already available, and welcomed that a whole meeting of the Scrutiny Committee be devoted to this. Councillor Foley also noted that improvements will be achieved through restructuring and better recruitment and retention of staff.

            Resolved – (1) To note the findings of the inspections and satisfy itself that the action plans in response will deliver the intended outcomes.

            (2) To note that the Board Director, Commissioning, and the Cabinet Member for Children’s Services, have responsibility for monitoring the implementation of the action plans, involving the Health, Adults and Children’s Services Overview and Scrutiny Committee in areas particularly important to the Council, including the strategic priorities identified at 4.6.

            (3) To delegate to the Board Director, Commissioning and Cabinet Member Children’s Services the authority to amend the action plans following Ofsted’s review at the start of July 2014.

            (4) To thank the officers involved for their work on the inspections formally.

The reasons for the decision and alternative options are as set out in this minute and the report to the meeting.

The Cabinet Member for the Economy, Regeneration and Skills and the Board Director, Resources, submitted a joint report concerning the Council’s involvement in the Superfast Broadband Extension Programme being promoted by the Government through its agency Broadband Delivery UK including (a) Swindon joining the Superfast Broadband Extension Programme, (b) procuring a delivery partner for the project and (c) next steps in the process.

The Chair introduced the report and referred to the fact that all commercial roll-outs have been done in Swindon now, requiring these next steps to further improve the broadband service offered in the area.

Stuart McKellar, Board Director, Resources, noted that the areas to be targeted are not yet known as this will be an on-going process.

Councillor Andrew Bennett, (Ridgeway Ward), indicated his support of the proposals and noted that BT needs to improve its infrastructure in the area.

Councillor Dale Heenan, Cabinet Member for Strategic Planning, Sustainability and Transport, noted that there is an aim to solve the infrastructure problems in Swindon. The proposal is to go through an ‘OJ tender’ and BT is not the default option for a provider.

            Resolved – (1) To authorise the Board Director Resources to submit a formal request for funding to Broadband Delivery UK (BDUK) by 30^th June 2014 that will signal the Council’s intent to participate in the next stage of the Superfast Broadband Extension Programme.

            (2) In support of the request for funding, approve that a further £1.540m be set aside from the Infrastructure Fund established by Council in February 2014 as the Council’s match funding contribution and to cover project costs, as detailed in Table 1 of the report.

            (3) To agree that an EU compliant open tender process be entered into for this project in order to enable bids to be received for a range of possible technical solutions, as outlined in section 5 of the report.

            (4) To support on-going dialogue with Parish Councils and other stakeholders, both through a formal “open market assessment” and through other channels, to assess how they can best be involved in the programme.

            (5) To authorise the Director of Law and Democratic Services, in consultation with the Cabinet Member for the Economy, Regeneration and Skills and the Board Director Resources, to complete and enter into such agreements and associated documentation on such terms as he considers necessary to protect the Council’s interests in this matter.

The reasons for the decision and alternative options are as set out in this minute and the report to the meeting.

The appendices for this report are contained in the “Additional Papers” Pack circulated with the Agenda.

The Cabinet Member for Corporate Services and Leisure and the Board Director, Service Delivery, submitted a joint report concerning the consultation undertaken seeking the views of the public and those interested in sport on the draft Swindon Sports Strategy. The consultation was undertaken in partnership with the Swindon Sports Forum and Wiltshire and Swindon Sport. The report outlines the results of the consultation and sets out the Swindon Sports Strategy that reflects, as far as possible, the comments and views received during the consultation.

Councillor Keith Williams, Cabinet Member for Corporate Services and Leisure, introduced the report and referred to the on-going challenge of capacity issues and targeting hard to reach members of the public.

Councillor Bob Wright, Opposition Group Spokesperson for Housing and Transport, referred to the Section 106 monies available for investing and improving upon the structures and facilities available at the County Ground. He also expressed concern that the athletics track is not up to standard.

The Chair indicated that he will take a personal interest in this issue and agreed that a briefing would be circulated.

Councillor Stan Pajak, Leader of the Minority Group, indicated his support of the proposals and suggested that Tesco could become involved due to their close vicinity.

Resolved – (1) To note the results of the consultation set out in detail in Appendix 1, and the changes that have been made to the draft Strategy as a result of the comments and views received attached as Appendix 2.

(2) To adopt the Swindon Sports Strategy 2014 – 2017 attached as Appendix 3, in partnership with the Swindon Sports Forum and Wiltshire and Swindon Sport.

(3) To authorise the Board Director, Service Delivery, in consultation with the Cabinet Member with portfolio responsibility and partner organisations, to progress those elements of the Swindon Sports Strategy that are within the remit of the Borough Council.

The reasons for the decision and alternative options are as set out in this minute and the report to the meeting.

The Cabinet Member for Finance, the Cabinet Member for Corporate Services and Leisure, and the Board Director, Resources, submitted a report concerning the proposed changes for services provided under the Council’s strategic partnership with Capita including (a) an overview of the partnership and its financial performance, and (b) detail on the proposals and the projected timescale for changes.

Councillor Russell Holland, Cabinet Member for Finance, introduced the report and referred to how the Council’s situation has changed since the beginning of the relationship with Capita in 2007. He noted that the proposals contained within the report will achieve savings on the 2014-2015 budget.

Councillor Fionuala Foley, Cabinet Member for Children’s Services, noted the difference in circumstances between when the contract was appointed in 2007 and now. She also recognised Capita’s achievements such as the One Stop Shop and the Contact Centre.

Doug Maclean, Interim Head of IT Strategy, referred to the ICT Strategy for 2014-2019. He outlined some of the suggested proposals for the Council such as virtual desk tops and a cloud-based environment.

Councillor Jim Grant, Leader of the Opposition, expressed his concern with the IT systems staying with Capita and suggested that local businesses could be utilised to provide the Council’s IT systems.

Stuart McKellar, Board Director, Finance, confirmed that there is a 15 year contract with Capita but that they are aware of the requirements they have to fulfil.

Councillor Dale Heenan, Cabinet Member for Strategic Planning, Sustainability and Transport, expressed his concern at the length over which the IT Strategy will operate, the internal focus and that customer services is not reflected.

            Resolved – (1) To note the success of the partnership in supporting the Council with its transformation as set out in more detail in paragraphs 3.4 to 3.5 of the report.

            (2) To authorise the Board Director, Resources to negotiate the return to direct Council management of the following services currently provided by Capita:

·        Business Support

·        Customer Services

·        Finance Administration

·        Human Resources and Payroll Administration

·        Print and Logistics

·        Partnership Management

(3) To maintain the Revenues and Benefits service within the Partnership under broadly similar arrangements that are currently in place as at June 2014.

(4) To agree the proposed ICT Strategy 2014-2019 set out in Appendix 1 to the report as the basis for renegotiating the ICT service to remain within the partnership to create a modernised, more resilient and financially sustainable service, subject to a satisfactory position being reached on commercial and service delivery arrangements.

(5) To authorise the Board Director Resources, in consultation with the Cabinet Member for Finance, and the Cabinet Member for Corporate Services and Leisure, to conclude negotiations with Capita for the future provision of ICT services, within the parameters set out in the report.

(6) To authorise the Board Director Resources to spend up to £3m of one-off monies over and above the 2014-15 Budget for services within the Partnership to partially terminate the partnership agreement to realise 2015-16 on-going savings of around £2m per annum excluding  ...  view the full minutes text for item 10.

The Cabinet Member for the Economy, Regeneration and Skills, the Cabinet Member for Highways, Strategic Planning, Sustainability and Transport, and the Board Director, Commissioning, submitted a report concerning the agreed terms between the Council and UK Commercial Property Estates Limited, and the savings the Council will make by virtue of the sale and demolition of the John Street Car Park.

The Chair introduced the report and referred to the improvements planned for this area of Swindon.

Councillor Bob Wright, Opposition Group Spokesperson for Housing and Transport, queried why only 50% of the profit will be retained by the Council if the site is redeveloped when this car park had been earmarked for demolition anyway. He also referred to logistical problems in the area.

Councillor Dale Heenan, Cabinet Member for Strategic Planning, Sustainability and Transport, confirmed that a decision had already been made on car park rationalisation and that the Council will not be required to spend money through these proposals.

            Resolved – (1) To authorise the Head of Property Assets to enter into negotiations for the sale of the John Street Multi-Storey Car Park (MSCP) to UK Commercial Property Estates Limited (UKCPEL) on the basis that:

·        The MSCP is sold for a peppercorn on the basis that UKCPEL demolish the car park at their own cost.

·        The Council has the option to reacquire the MSCP after 18months for a peppercorn if demolition has not been completed or after 5 years if the site has not been redeveloped for commercial use.

·        The Council receives 50% of any profit if the site is redeveloped.

(2) To authorise the Director of Law and Democratic Services, in consultation with the Board Director, Resources and the Head of Property Assets, to complete the disposal on such terms and conditions as the Director of Law and Democratic Services considers necessary to protect the Council’s interests.

(3) To approve a budget of up to £10,000 from the Regeneration Reserve for the payment of legal fees for the disposal.

The reasons for the decision and alternative options are as set out in this minute and the report to the meeting.

Related Reports - Appendix 3 - to this report are contained in the “Additional Papers” Pack circulated with the Agenda.

The Cabinet Member for Strategic Planning, Sustainability and Transport, the Leader of the Council and the Director of Law and Democratic Services submitted a report concerning recommendations arising from the Economic, Environmental and Sustainability Overview and Scrutiny Committee held on 1^st April 2014, and from the Town Twinning Network held on 2^nd April 2014.

Councillor Dale Heenan, Cabinet Member for Strategic Planning, Sustainability and Transport, expressed his support for noting the recommendations arising from the Economic, Environmental and Sustainability Overview and Scrutiny Committee.

The Chair offered his support for noting the requests arising from the Town Twinning Network but declining the provision of funding due to the lack of information provided on what the funding is required for. He invited the Cabinet Member for Health and Adult Social Care to investigate what assistance the Council can provide in response to both items.

Councillor Russell Holland, Cabinet Member for Finance, noted that the original report to the Town Twinning Network indicated that there were no financial implications involved so it is unclear where the £20k request had arisen from and why.

Resolved – (1) That, further to Minute 25 of the Economic, Environmental and Sustainability Overview and Scrutiny Committee, to note the recommendations arising from the meeting.

(2) That, further to Minute 36(1) of the Town Twinning Network, to note the request but to decline the provision of £10k funding to the Town Twinning Network to support Town Twinning Activities over the next 3 – 5 years.

(3) That, further to Minute 37(2) of the Town Twinning Network, to note the request but to decline the request for a one-off budget to support the 40th anniversary celebrations during 2015 of the Swindon / Salzgitter Town Twinning link.

The reasons for the decision and alternative options are as set out in the report to the meeting.

The Cabinet Member for the Economy, Regeneration and Skills, the Cabinet Member for Finance, the Board Director, Commissioning and the Board Director, Resources, submitted a report concerning how the Council can use its financial powers to play an enabling role in the regeneration development of the Corn Exchange in Old Town, which is a key historic building within Swindon.

The Chair introduced the report and referred to the aim to promote regeneration in this area of Swindon and how these proposals support that aim.

Paddy Bradley, Head of Commissioning for Economy and Attainment, noted the challenging factors on this site but that the proposals were in line with the town centre master plan. All risks to the Council on the project are also protected.

Councillor Russell Holland, Cabinet Member for Finance, raised questions regarding the acquiring of commercial sites and the letting viability assurances.

Councillor Brian Ford, Cabinet Member for Streetsmart, expressed some concern on risk to the Council but indicated his support for the proposals and the benefits to the area if it proceeds.

Councillor Bob Wright, Opposition Group Spokesperson for Housing and Transport, queried the Council funding and noted the competing demands across the town.

Councillor Holland queried the timescales involved, figures and the long term plans as presented in the report, and noted the heritage building on the site.

Resolved – (1) To agree in principle that the Council should seek to take an Enabling Approach towards development in the Borough, within the context of the considerations set out in paragraph 5 of the report.

(2) To authorise the Director of Law and Democratic Services in consultation with the relevant Board Directors and Cabinet Members, to enter into formal agreements with the owner of the Locarno, Old Town, Swindon, with a view to combining our respective landholdings and facilitating the development of a high quality mixed commercial leisure and residential scheme that complies with the approved planning brief, subject to being satisfied that the owner and/or his nominated developer have the financial means to finance all the ‘predevelopment works’ including marketing, design and planning fees.

(3) To agree that, if necessary, Swindon Borough Council promote a Compulsory Purchase Order (CPO) to acquire the buildings known as the Forum (Marlborough Road), the Masons (The Planks) and 17-23 Marlborough Road Old Town, Swindon at the cost of the owner of the Locarno or his nominated developer.

(4) To authorise the Board Director, Resources to provide the owner of the Locarno a contribution up to a maximum of £1million towards the cost of the restoration of the heritage buildings provided that this is done in such a way that is compliant with financial and legal mechanisms that do not constitute State Aid.

(5) To agree to dispose of its landholding (shown in red on attached plan) to GM for £500k, payable on completion of the development.

(6) To agree to undertake improvements to the public highway along the High Street and its junction with Newport Street at a maximum  ...  view the full minutes text for item 13.