Agenda and minutes

To confirm and sign the minutes of the meeting held on 26 November 2014.

The minutes of the meeting held on 26 November 2014 were confirmed and signed as a correct record.

Please see note (a) at the end of the agenda.

A copy of the declarations of interest is attached to the signed copy of the minutes.

Please see the briefing note, which does not accompany this agenda but will be circulated prior to the meeting.

a)        Queen’s New Year Honours

The Chairman congratulated the people living in Gloucestershire who received awards as part of the Queen’s New Year Honours.  He said that he had written to all of the individuals who had received awards.  He made special mention of Margaret Willcox, Commissioning Director for Adults, who had received an OBE, and Bob Coles from the Gloucestershire Fire and Rescue Service who had received a British Empire Medal.

b)      Council Quality Award

The Chairman advised that the Council had won a Quality Award for Excellence in the Rapid Deployment Category from SAP, the Council’s business software supplier.  This reflected the ability of the Council to achieve cost reductions and improve business efficiency through the introduction of a new financial management system.   The Council won the award ahead of national organisations such as the National Grid and Universal Music and had been shortlisted for an international award.

The Chairman congratulated Andy Hammerton and David Powell from the Finance Team who had led on the project for the Council.

Up to 30 minutes is allowed for this item.

To answer any written public questions about matters which are within the powers and duties of the County Council.

The closing date for receipt of question is 10am on Wednesday, 11 February 2015.  Please send questions to the Chief Executive marked for the attention of Stephen Bace (email stephen.bace@gloucestershire.gov.uk).

To answer any oral questions put by members of the public with the consent of the Chairman.  Depending on the nature of the questions asked it may not be possible to provide a comprehensive answer at the meeting, in which case a written answer will be supplied as soon as reasonably possible after the meeting.

Questions received and proposed responses do not accompany this agenda but will be circulated prior to the meeting.

One public question had been received.  A copy of the question and answer was circulated and is attached to the signed copy of these minutes.

There were no supplementary or oral questions.

a)    Javelin Park incinerator contract

Sue Oppenheimer to present a petition calling for the Council to terminate the Javelin Park incinerator contract with Urbaser Balfour Beatty. The petition has received more than 5,000 signatures and under the terms of the Council’s Petition Scheme can be presented by the lead petitioner at full Council. 

b)   Member petitions

To receive petitions presented by members without discussion.

a)      Javelin Park incinerator contract

The petition had been presented at the Extraordinary Council Meeting held earlier (see the minutes of that meeting).

b)      Member petitions

Cllr Richard Leppington presented a petition to Cllr Vernon Smith, Cabinet Member for Highways and Flooding, calling for a 20mph speed limit at Church Walk, Viney Hill.

Cllr Sarah Lunnon presented a petition to Cllr Mark Hawthorne, Leader of the Council, calling for the Council to make public immediately the full unredacted text of the Council contract with Urbaser Balfour Beatty to build an incinerator at Javelin Park. 

For debate and decision.

A      Report and recommendations (Pages 27 – 44)

B      Medium Term Financial Strategy (Pages 45 – 160)

C      Council Strategy (Pages 161 – 184)

D      Budget consultation (Pages 185 – 280)

E      ‘Due regard’ statement (Pages 281 – 324)

The Chief Executive explained the procedure that would be followed. Firstly, Cllr Mark Hawthorne, Leader of the Council, and Cllr Ray Theodoulou, Cabinet Member for Finance and Change, would be asked to present the budget recommendations from the Cabinet.

Secondly, in order to reach a position where a substantive motion could be debated, the other groups would be invited to propose amendments to the budget but there would be no debate at that stage.  This would be a departure from the normal procedure where only one amendment could be moved and discussed at any one time.  The Chairman therefore proposed that under procedure rule 24.1 the following part of procedure rule 13.5 be suspended for the duration of the budget debate:

‘Only one amendment may be moved and discussed at any one time.  No further amendment may be moved until the amendment under discussion has been dealt with.’

The Vice-chairman seconded the motion and, on being put to the vote, the motion was supported.

Once the amendments had been presented, the Chief Executive advised that the Chairman would call for an adjournment to provide an opportunity for the Group Leaders to reach a common position. 

After the adjournment, the Leader of the Council would advise members of those areas where it had been possible to reach agreement.  Any amendments which had not been accepted or withdrawn would then be presented by the groups, debated and voted upon. 

Thereafter all members would have an opportunity to debate the budget in line with the normal rules of debate.  At the end of the debate, the Leader of the Council would have the right of reply. 

Finally, a recorded vote would be proposed from the Chairman on the substantive motion, seconded by the Vice-chairman. 

Cllr Mark Hawthorne, the Leader of the Council, presented the recommendation from the Cabinet meeting held on 5 February 2014.  He said that it was the first budget of the Meeting the Challenge 2 Programme.  He thanked the officers for all their hard work in helping to deliver £114 million of savings over four years as part of the Meeting the Challenge 1 Programme.  The Council was smaller in terms of the number of staff employed and the number of properties occupied but he believed that it was better engaged with partners and the local community.  He stated that the proposed 2015/16 budget would continue to protect vulnerable people.  He referred to the investment in the recruitment and retention of social workers, record management and employment intiatives for people with learning disabilities. 

The local economy remained a priority and funding had been secured for major projects through the GFirst Local Enterprise Partnership.  The Government had made a commitment to resolve the A417 ‘Missing Link’ at Birdlip.  He said that more money was in people’s pockets with the Council Tax frozen for the fifth year running.  Members were able to support their local communities through initiatives such as Highways Local and Active Together.  Public Health England had highlighted Active  ...  view the full minutes text for item 8.

For debate and decision on the day, unless the Chairman decides otherwise.

The closing date for the receipt of motions was 10am on Tuesday, 10 February 2015.

The following motions have been received:

Motion 736 - Children’s Safeguarding Board

Proposed by Cllr Joe Harris

Seconded by Cllr Jeremy Hilton

This Council commends the work of the Gloucestershire Children’s Safeguarding Board, but recognises that the membership of the Board is determined by Government statue as set out in “Working Together to Safeguard Children” (2013) and thus fails to allocate a place or places for locally elected councillors as full members of the Board.

This omission means that councillors and in particular the Cabinet Member for Children & Young People and Strategic Commissioning are not able to take full responsibility for keeping children safe in Gloucestershire.

This Council believes that councillors are held by the public to be ultimately responsible if there are significant failures in the safeguarding process and that it is wrong for councillors to be asked to undertake this role whilst not being provided with full membership on the key body responsible, namely: Gloucestershire Children’s Safeguarding Board. Giving full membership rights would: -

·         reassure the public that all decisions made by the Board have been subject to the full challenge of locally elected representatives;

·         allow local councillors the opportunity to fully influence decisions being made via democratic means;

·         improve the Board’s deliberations and decisions;

·         deliver greater transparency and accountability for the public.

This Council therefore resolves that the Leader of this Council and the Chief Executive write to the Secretary of State for Education and the Parliamentary Under Secretary of State for Children and Families to amend the statutory guidance to enable full participation by elected councillors in the work of the Children’s Safeguarding Boards.

Motion 738 - Highways contract

Proposed by Cllr Paul Hodgkinson

Seconded by Cllr Jeremy Hilton

This Council’s current highways contract with Amey has been in place since 1 April 2014. After eleven months of operating, this Council is still disappointed with Amey’s performance.

This Council notes that following the Highways Governance Board meeting in July a summary of the meeting and of Amey performance issues was shared with the Highways Advisory Group, which subsequently met with Amey on the 17 October to discuss concerns.

This Council is aware that with all new contracts there is of course a settling-in period and that the timeliness of defect repair has been affected by system changes.

This Council will however no longer accept system changes and resource issues as a reason for performance falling below given targets.

This Council therefore asks both the Highways Governance Board and the cross party Highways Advisory Group to continue monitoring this contract and for financial penalties to continue being imposed if performance targets are not being achieved.

Cllr Jeremy Hilton, Leader of the Liberal Democrat Group, advised that his Group were withdrawing the following motions.  He said that the motions had been resubmitted for the next meeting to allow sufficient time for a proper debate.

Motion 736 - Children’s Safeguarding Board

Proposer - Cllr Joe Harris

Seconder - Cllr Jeremy Hilton

This Council commends the work of the Gloucestershire Children’s Safeguarding Board, but recognises that the membership of the Board is determined by Government statue as set out in “Working Together to Safeguard Children” (2013) and thus fails to allocate a place or places for locally elected councillors as full members of the Board.

This omission means that councillors and in particular the Cabinet Member for Children & Young People and Strategic Commissioning are not able to take full responsibility for keeping children safe in Gloucestershire.

This Council believes that councillors are held by the public to be ultimately responsible if there are significant failures in the safeguarding process and that it is wrong for councillors to be asked to undertake this role whilst not being provided with full membership on the key body responsible, namely: Gloucestershire Children’s Safeguarding Board. Giving full membership rights would: -

•      reassure the public that all decisions made by the Board have been subject to the full challenge of locally elected representatives;

•      allow local councillors the opportunity to fully influence decisions being made via democratic means;

•      improve the Board’s deliberations and decisions;

•      deliver greater transparency and accountability for the public.

This Council therefore resolves that the Leader of this Council and the Chief Executive write to the Secretary of State for Education and the Parliamentary Under Secretary of State for Children and Families to amend the statutory guidance to enable full participation by elected councillors in the work of the Children’s Safeguarding Boards.

Motion 738 - Highways contract

Proposer - Cllr Paul Hodgkinson

Seconder - Cllr Jeremy Hilton

This Council’s current highways contract with Amey has been in place since 1 April 2014. After eleven months of operating, this Council is still disappointed with Amey’s performance.

This Council notes that following the Highways Governance Board meeting in July a summary of the meeting and of Amey performance issues was shared with the Highways Advisory Group, which subsequently met with Amey on the 17 October to discuss concerns.

This Council is aware that with all new contracts there is of course a settling-in period and that the timeliness of defect repair has been affected by system changes.

This Council will however no longer accept system changes and resource issues as a reason for performance falling below given targets.

This Council therefore asks both the Highways Governance Board and the cross party Highways Advisory Group to continue monitoring this contract and for financial penalties to continue being imposed if performance targets are not being achieved.

Up to 30 minutes is allowed for this item.

To answer any written members’ questions.

The closing date for the receipt of questions is 10am on Wednesday, 11 February 2015.  Please send questions to the Chief Executive marked for the attention of Stephen Bace (email stephen.bace@gloucestershire.gov.uk).

Questions received and proposed responses do not accompany this agenda but will be circulated prior to the meeting.

Twenty three member questions had been received.   A copy of the answers was circulated and is attached to the signed copy of these minutes.

The following supplementary questions were asked:

 Question 1 – Cllr Paul Hodgkinson asked what the member’s view was on small school funding.

Cllr Paul McLain referred the member to page 67 of the agenda pack, which was part of the budget report. He provided detail on minimum funding and capping and explained how that impacted upon Gloucestershire schools. He outlined his trust in the Schools Forum and any recommendations from them. 

Question 2 – Cllr Paul Hodgkinson asked what the Leader was prepared to do for residents around the Air Balloon roundabout who had to endure poor air quality. He explained that recent statements by the Highways Agency indicated that work on the Missing Link would be unlikely to start in the near future.

Cllr Mark Hawthorne stated that Cotswold District Council had responsibility for air quality management and that the Council would encourage the Highways Agency to move things forward. He would be happy to have further discussions with Cllr Hodgkinson on the issue.

Question 3 – Cllr Paul Hodgkinson explained that many rural communities did not know when, or if, they would be getting higher speed broadband. There was a lack of information on the delivery progress. He asked what the Council could do to give people better information.

Cllr Mark Hawthorne explained that BT had information down to individual property level but were unwilling to share this. Progress was being made in relation to the next phase of the programme and the Leader was happy to work with members to circulate that message.

For debate and decision on the day unless the Chairman decides otherwise.

Cllr Mark Hawthorne, the Chairman of the Constitution Committee, presented the recommendations from the meetings held on 10 December 2014 and 4 February 2015.

a)        Order of Council agenda – member questions

RESOLVED that the current order of business at full Council meetings should continue, so that member questions are considered immediately following motions.

b)        Employee Code of Conduct

Referring to the section of the code on ‘disclosure and use of information’, a member requested that this be looked at more closely in light of the debate at the Extraordinary Meeting on the incinerator contract at Javelin Park. 

Cllr Hawthorne stated that this matter could be considered at a future meeting of the Constitution Committee but it was important that members recognised the legal constraints on officers.

RESOLVED that the revised Employee Code of Conduct, included at Annex A to the report, is approved and adopted.

c)        Gloucestershire Economic Growth Joint Committee

RESOLVED to ratify the changes to the Constitution (as indicated at Annex B to the report), made by the Monitoring Officer under delegated powers, regarding the Gloucestershire Economic Growth Joint Committee.

d)        Commons and Rights of Way Committee

RESOLVED to ratify the changes to the Constitution (as indicated at Annex C to the report), made by the Monitoring Officer under delegated powers, regarding the Commons and Rights of Way Committee.

e)        Members’ allowances

Cllr Hawthorne stated that the Constitution Committee recommended that the Basic Allowance should be increased by £100 and not £150 as recommended by the IRP.  This was in line with the staff pay rise and would result in a Basic Allowance of £9,100 for 2015-16.  The Basic Allowance would continue to be used as the ‘building block’ for the Special Responsibility Allowances with the exception of the payments to the Political Group Leaders and Shadows which would be maintained as set figures.

RESOLVED

i)     To increase the Basic Allowance from £9,000 to £9,100 from 1 April 2015.

ii)    To adopt the Special Responsibility Allowances shown at Annex D (Appendix 1) to the report.

f)          Pensions Board

RESOLVED that

i)          The revised Pension Board terms of reference (as indicated at Annex E to the report) be approved.

ii)         The following consequential amendments are made to the duties of the Pension Committee in Table 3.6 of Part 3 of the Constitution:

11. To consider advice and recommendations from the Pension Board on areas that may improve the governance of the Pension Fund (the remit of the Pension Board is detailed in its Terms of Reference).

12. To consider the Pension Board’s proposed business plan for the forthcoming financial year and annual budget request.

g)        Contract Standing Orders

RESOLVED that the new Contract Standing Orders, included at Annex F to the report, be approved and adopted.

h)        Chairman’s casting vote

A member suggested that a vice-chairman be appointed for each of the regulatory and quasi-judicial committees to help prevent any difficulties arising when a chairman was not present.  These would include the Planning Committee, Commons and Rights of  ...  view the full minutes text for item 11.

For information and members’ questions.

Report of the Cabinet Member for Children and Young People and Strategic Commissioning.

RESOLVED that the report of the Cabinet Member for Children and Young People and Strategic Commissioning be noted.

For information and members’ questions.

RESOLVED that the Cabinet Decision Statement s for the decisions taken on 10 December 2014 and 4 February 2015 be noted.

For information and members’ questions.

RESOLVED that the Statement of Individual Cabinet Member Decisions for the period 1 November 2014 to 31 January 2015 be noted.

For information and members’ questions.

RESOLVED that the scrutiny report be noted.