Agenda and minutes

To confirm and sign the minutes of the meeting held on 17 May 2017.

The minutes of the meeting held on 17 May 2017 were confirmed and signed as a correct record subject to the inclusion of Cllr Dr John Cordwell in the attendance list.

Please declare any disclosable pecuniary interests or personal interests that you may have relating to any specific matters which may be discussed at the meeting by signing the form that is available at the back of the Council Chamber.  Completing this form will be acceptable as a declaration, but members may also declare the interest orally if they so wish.

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

a)     Queen’s Birthday Honours

To congratulate the following people living or working in Gloucestershire who have been recognised in the Queen’s Birthday Honours:

·         Sarah Connolly CBE (Stroud) – awarded a DBE for services to music.

·         Gillian Clipson (Chipping Campden) – awarded an MBE for services to Further Education as Deputy Chief Executive of the Association of Colleges.

·         Margaret Bratty – awarded a BEM for services to ex-service personnel and as President of the Hardwicke and District Branch of the Royal British Legion.

·         Gordon Roach – awarded a BEM for services to the community of Winstone.

·         Detective Sergeant Nigel Hatten – awarded the Queen’s Police Medal for distinguished service.

·         Neil Le Chevalier, Director of Operations, South Western Ambulance Service – awarded the Queen’s Ambulance Medal.

b)     Gloucestershire Music

The Gloucestershire Youth Wind Orchestra and the Gloucestershire Jazz Orchestra were both awarded gold awards at the National Concert Band Festival in Warwick on 9 April 2017.

c)     Geoplace NSG Exemplar 2017 Awards

The Council has received a gold performance award for the quality of its highways records street information reporting.

d)     Data Protection

Under the Data Protection Act individuals and organisations that process personal information need to register with the Information Commissioner’s Office.  Returning members are already registered but newly elected members need to register online.  Guidance is available on the Members’ Matter website.

e)     Council photo

The Council group photo will be taken when the meeting breaks for lunch. 

a)     Queen’s Birthday Honours

The Chairman congratulated the following people from Gloucestershire who had been recognised in the Queen’s Birthday Honours:

·         Sarah Connolly CBE (Stroud) – awarded a DBE for services to music.

·         Gillian Clipson (Chipping Campden) – awarded an MBE for services to Further Education as Deputy Chief Executive of the Association of Colleges.

·         Margaret Bratty – awarded a BEM for services to ex-service personnel and as President of the Hardwicke and District Branch of the Royal British Legion.

·         Gordon Roach – awarded a BEM for services to the community of Winstone.

·         Detective Sergeant Nigel Hatten – awarded the Queen’s Police Medal for distinguished service.

·         Neil Le Chevalier, Director of Operations, South Western Ambulance Service – awarded the Queen’s Ambulance Medal.

b)     Gloucestershire Music

The Gloucestershire Youth Wind Orchestra and the Gloucestershire Jazz Orchestra had been awarded gold awards at the National Concert Band Festival in Warwick on 9 April 2017.

c)     Geoplace National Street Gazatteer Exemplar 2017 Awards

The Council had received a gold performance award for the quality of its highways records street information reporting.

d)     Data Protection

The Chairman reported that under the Data Protection Act, individuals and organisations that process personal information needed to register with the Information Commissioner’s Office.  Returning members were already registered but newly elected members needed to register online.  Guidance was available in Members’ Matter.

e)     USAF Fairford

The Chairman said that he had attended an event at USAF Fairford on 12 June 2017 and had been given the opportunity to see the aircraft based there.  He thanked the staff at Fairford for how helpful and courteous they had been to visitors.

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 questions is 10am on Wednesday, 21 June 2017.  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.

Eleven public questions had been received. The following supplementary questions were asked:

Question 1 – Peter Jeffries referred to the number of children mentioned or referenced within the Ofsted report, he asked whether, of the 16-19 year olds known by the police, there were any other children that the Council did not know operationally.

In response, Cllr Richard Boyles stated that he would provide a written answer to the question.

Question 3 –  Peter Jeffries referred to the Ofsted report, noting the difficulties in retaining staff but expressing concern around the wide spread serious failing and ‘bullying and blame culture’. He asked what would be done to better interact with staff on the ground.

Cllr Richard Boyles explained that visits had been undertaken with frontline staff with assessments carried out internally for new managers. It was important to consider how frontline staff can bring up issues of concern to senior managers. Issues around Human Resources (HR) had been addressed with this being handled within the Council. It was important to ensure that staff had the confidence to come forward.

Question 5 – Peter Jeffries asked whether there was any merit to retaining the services of the Independent HR Consultant given the seriousness of the complaints.

Cllr Richard Boyles stated that they would be putting in place opportunities for staff to go to someone independent to report any complaints and to have confidence that they can report their concerns.

Question 6 – Peter Jeffries asked what accountability and challenge was being directed at the Chief Executive as he was ultimately responsible for the officer team.

Cllr Richard Boyles stated that the Chief Executive had taken firm actions to make changes and to put in place a competent team of interim managers to start up the work needed to fix the issues. It was important that there was stability and he was confident that the right action was being taken.

Question 9 – Peter Jeffries expressed concern that those at the most senior level including the Chief Executive were unaware of what was going on. He asked what actions were being taken to look into this.

Cllr Richard Boyles expressed his confidence in the Chief Executive and the work that was now being carried out.

Question 10 – Peter Jeffries referred to comments made by a judge in 2015 on a social care case around institutional failings before the independent review by Ofsted. He suggested that there needed to be a public and transparent review into this as opposed to just County Council scrutiny.

Cllr Mark Hawthorne explained that the Extraordinary Meeting being held later that day would give members an opportunity to discuss how best to proceed. The key priority was to pick up the lessons learned and to put in place the necessary processes, embedding them across the organisations. He emphasised that all members were Corporate Parents putting at the heart the thoughts and best interests of the children.

Cllr Suzanne Williams to present a petition relating to children and road safety in Hesters Way Lane, Cheltenham.   

To receive ay other petitions presented by members without discussion.

Cllr Suzanne Williams presented a petition to Cllr Nigel Moor relating to children and road safety in Hesters Way Lane, Cheltenham.

Cllr Nigel Moor presented a petition to Cllr Vernon Smith on behalf of Great Rissington residents regarding a highway matter.

For information and members’ questions.

Oral report from the Cabinet Member for Children and Young People.

Cllr Richard Boyles, the Cabinet Member for Children and Young People, asked all members to support children in care in their divisions.  He thanked those members who had signed the Corporate Parenting pledge.

A member said that he would do all that he could to support children in care in his division but it was not always straight forward as they might not wish to be approached directly due to their personal circumstances.

Answering a question, Cllr Boyles assured members that social workers were in place to support children in care.  

The Council’s Constitution provides for a maximum of two hours for debate on motions.  At the end of the two hour period, those members who have already indicated their intention to speak on the motion being debated at that time will be allowed to speak, the mover of the motion will be asked to sum-up and the vote will be taken.

The following motions were received by the closing date of 20 June 2017:

Motion 795 - Incinerator review and repeal motion

Proposed by Cllr Lesley Williams

Seconded by Cllr Rachel Smith

This Council notes that the disastrous UBB Incinerator Project has been plagued by mismanagement from the start of the process.

The Council notes that the contract held between UBB and the Council has been referred to the Competition and Markets Authority (CMA).

In light of this, the Council asks that the administration halt all work on the incinerator site until the CMA has returned a judgement.

This Council should commit to an immediate independent review of the incinerator contract, specifically examining the way in which the administration has conducted itself throughout the process.

This Council also requests that a cross-party working group with involvement of the six district councils to review the management of waste throughout Gloucestershire.  

Motion 796 – Gloucestershire Fire and Rescue Service

Proposed by Cllr Jeremy Hilton

Seconded by Cllr Bernard Fisher

This Council notes that since its creation under new boundaries in 1974  it has been the fire authority with responsibility for governing and running a fire and rescue service in Gloucestershire.

This Council notes that the Police and Crime Act received Royal Assent on 31 January 2017 and that the Act allows for the Police and Crime Commissioner to take over the governance of a fire and rescue service within their locality.

This Council notes the Gloucestershire Police and Crime Commissioner has employed consultants to prepare a takeover bid for Gloucestershire Fire and Rescue Service.

This Council notes with pride that we have one of the most cost effective and innovative fire and rescue services in England, probably the best fire and rescue service in the country.

This Council believes that a change in governance would be disruptive to the good management of our fire and rescue service and its collaboration with other emergency services and public bodies.

This Council, therefore, agrees that it is better for Gloucestershire Fire and Rescue Service to remain under the governance of Gloucestershire County Council and agrees that all members should work together to oppose a transfer of the responsibility of the fire authority away from Gloucestershire County Council.

Motion 795 - Incinerator review and repeal motion

Cllr Lesley Williams proposed and Cllr Rachel Smith seconded the following motion:

This Council notes that the disastrous Urbaser Balfour Beatty (UBB) Incinerator Project has been plagued by mismanagement from the start of the process.

The Council notes that the contract held between UBB and the Council has been referred to the Competition and Markets Authority (CMA).

In light of this, the Council asks that the administration halt all work on the incinerator site until the CMA has returned a judgement.

This Council should commit to an immediate independent review of the incinerator contract, specifically examining the way in which the administration has conducted itself throughout the process.

This Council also requests that a cross-party working group with involvement of the six district councils to review the management of waste throughout Gloucestershire.  

In moving the motion, Cllr Williams thanked campaigners for continuing to raise awareness of the issues surrounding Javelin Park.  She said that there was a nagging doubt that local people did not know what was going on.  She believed that work associated with the contract should be halted to allow all of the information to be made public.

Cllr Ray Theodoulou, the Cabinet Member for Finance and Change, stated that the Javelin Park contract had been tendered for in an open and transparent way.  He said that the contract had been scrutinised repeatedly and it was evident that every other solution was either more expensive or the technology was unproven.  The Javelin Park contract would save taxpayers in Gloucestershire more than £100 million. He noted that the construction of the plant had been underway for 8 months and a delay would cost taxpayers more money.

In seconding the motion, Cllr Smith said that residents in her division were outraged that the Council had entered into a contract to build an incinerator.  She believed that it was right and proper to pause the process to critically review the project and its associated costs.  She stated that taxpayers money was being wasted if construction continued while there remained concerns around the legality of the contract. She called for a commitment to increase recycling rates with the district councils which would significantly reduce the amount of residual waste.  She said that she was concerned that millions of pounds were being wasted when they could be used for other vitally important services.    

A number of members spoke strongly against the construction of the incinerator.  They said that the Conservative Group had previously made a commitment not to build an incinerator and the Planning Committee had unanimously rejected the planning application for an incinerator at Javelin Park in March 2013.  Nevertheless the Administration were pressing ahead with the project when more cost effective and environmentally friendly alternatives were available.  There was still confusion around the tonnage rates and the costs associated with the project. Members were concerned by the lack of openness and transparency around the contract and they called upon the Administration to  ...  view the full minutes text for item 45.

Up to 30 minutes is allowed for this item.

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

The closing date for receipt of questions is 10am on Wednesday, 21 June 2017. 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.

Thirty six member questions had been received. The following supplementary questions were asked:

Question 2– Cllr Jeremy Hilton asked whether checks would be carried out on hotel chains and commercial buildings regarding the external cladding in light of recent incidents.

Cllr Nigel Moor explained that the immediate response had been to look at residential buildings, but that he would take up the points raised by the member with the Chief Fire Officer.

Question 3– Cllr Jeremy Hilton asked whether the member would agree that there was a need to encourage all properties to fit sprinkler systems.

Cllr Nigel Moor replied that it had to be a decision for the Chief Fire Officer and a bespoke approach.

Question 4 – Cllr Jeremy Hilton accepted that the panels on the outside of Shire Hall were safe but asked whether that was the case regarding the insulation used.

Cllr Nigel Moor explained that this was being tested.

Question 5 – Cllr Jeremy Hilton noted that a lot of building work had been carried out on Shire Hall. He asked why the opportunity had not been taken to install sprinklers.

Cllr Ray Theodoulou replied that any installations of this nature would be dependent on the advice of Fire Officers and the measures they felt were required.

Question 6 – Cllr Jeremy Hilton asked whether the member thought that the current establishment of children’s social workers was sufficient to care for children of this County?

Cllr Richard Boyles replied that he would listen to officers regarding the assessments they made around the establishment.

Question 7 – Cllr Jeremy Hilton noted the vacancies the Council had for children’s social workers and asked what work would be undertaken to ensure a full establishment.
 

Cllr Richard Boyles explained that the Council was active in the market to recruit new social workers and that there was a national shortage which made it difficult to attract experienced social workers. There was an ongoing programme in place and he would be happy to update the Council in the future on progress.

Question 8 – Cllr Rachel  Smith asked whether the Council would commit to publishing the information on the costs of the incinerator following the judges ruling on public disclosure being in the public interest.

Cllr Ray Theodoulou stated that the judgement had been noted and steps were in place to conform to this. He looked forward to the outcome of deliberations of the working group looking at ‘open contracting’.

Question 9 - Cllr Rachel Smith asked if it was possible to see a commitment to convert the Council’s fleet of cars to low emission electric vehicles.

Cllr Nigel Moor explained that a report would be going to Environment and Communities Scrutiny on 12 July looking at a range of options regarding Air Quality Management.

Question 10 – Cllr Chris Coleman expressed concern that the parking scheme in his division had been first advised for February 2016, with consultation in April and was now planned for August 2017. He asked whether  ...  view the full minutes text for item 46.

For information and members’ questions.

RESOLVED to note the Cabinet Decision Statement for the meeting held on 29 March 2017.

For information and members’ questions.

Referring to page 24 of the agenda pack, Cllr Colin Hay, the member representing All Saints and Oakley, noted that the information under the Priors and Oakley Flood Alleviation Scheme related to a different decision. 

Cllr Hay said that County Council officers had failed to provide him with information about the scheme and they had not had proper discussions with Cheltenham Borough Council. Another member also expressed concern about the approach taken by County Council officers who were now resorting to legal action on a particular aspect of the scheme.

Cllr Vernon Smith, the Cabinet Member for Highways and Flood, apologised for the lack of engagement with local members and he offered to meet Cllr Hay on site.

Cllr Roger Wilson, the member representing Winchcombe, whose area was also affected by the scheme said that County Council officers had kept him informed along with Tewkesbury Borough Council and the local parish council.

RESOLVED to note the Statement of Individual Cabinet Member Decisions from 21 March to 31 May 2017 (note the revised statement appended to the minutes).

Post meeting note:

The Priors and Oakley Flood Alleviation Scheme appeared as the wrong heading for an Individual Cabinet Member Decision relating to a contract for the traffic signals’ maintenance service taken on 29 March 2017.

To appoint members to outside bodies and other forums.

Consideration was given to a report providing details of the appointments to outside bodies and other forums.  Nominations had been received for each bodies listed in appendix 1 to the report.

RESOLVED that appointments be made in accordance with the list appended to the minutes.

To consider the attached report.  Please note that subject to the recommendations being approved, the meeting will be followed by an Extraordinary Meeting of Council to confer the title of Honorary Alderman on the former councillors listed.

Consideration was given to a report relating to appointments to the position of Honorary Alderman.

RESOLVED to confer the title of Honorary Alderman on the following former councillors at an Extraordinary Meeting of the Council to be held on 28 June 2017 at 2pm:

·         Tony Hicks

·         Steve McHale

·         David Prince

·         Stan Waddington