Agenda and minutes

The Members had before them:

A.        The Agenda papers (previously circulated)

B.        Seven questions submitted to the Head of Legal and Democratic Services (previously circulated); and

C.        The Minutes of the meeting of the Council held on 14 February 2015 (previously circulated).

To receive apologies and invite any Councillor to declare any interest in any of the items on this agenda.

Apologies for absence were received from Mr J W R Thomas.

One declaration of a Disclosable Pecuniary Interest was made by Mr C B Taylor in relation to his wife's employment as a supply teacher with the Council (Agenda item 13 - for which Mr Taylor withdrew from the Chamber).

To receive any announcements to be made by the Chairman (both retiring and incoming).

The Chairman announced she would not be standing for re-election, referred to the printed Announcements and her year in office and thanked members and officers for making it such a memorable year.

To elect a Chairman of the Council to hold office until his or her successor becomes entitled to act.

The nomination of Mr I Hopwood was moved by Mr P A Tuthill and seconded by Mr A I Hardman.  There were no other nominations.

RESOLVED that Mr I Hopwood be elected Chairman of the Council for the ensuing year, to hold office until his successor becomes entitled to act.

To appoint a Vice-Chairman of the Council to hold office until immediately after the election of a Chairman at the next Annual Meeting of the Council.

The nomination of Mr A P Miller was moved by Dr K A Pollock and seconded by Mrs E A Eyre.

A further nomination, that of Mr A Fry was moved by Mr P M McDonald and seconded by Ms P A Hill.

RESOLVED that Mr A P Miller be elected Vice-Chairman of the Council until the election of the Chairman at the next annual meeting.

To allow a member of the public to present a petition, or ask a question relating to the functions of the Council, or to make a comment on any matter on the agenda.

Members of the public wishing to take part should notify the Head of Legal and Democratic Services in writing or by e-mail indicating both the nature and content of their proposed participation no later than 9.00am on the working day before the meeting (in this case Wednesday,13 May 2015). Further details are available on the Council’s website. Enquiries can also be made through the telephone number/e-mail address listed below.

Three petitions were presented at the meeting:

Mrs F M Oborski presented a petition on behalf of residents of Linden Avenue, Kidderminster who were calling on the County Council to install suitable measures to reduce through traffic in this residential road. Such measures included consideration being given to an enforced "Access Only" Order, a 20mph speed limit or speed bumps.

Mr S R Peters presented two petitions; one was concerned about the amount and speed of traffic on the Alcester Road on the bend at the junction with Hollywood Lane and at the two bus stops near Dark Lane.  The petitioners sought a pedestrian crossing in the locality.

The other petition, from another group of Hollywood residents, also sought a safe, controlled crossing of the main Alcester Road, in Hollywood.

To approve as a correct record and authorise the signing of the Minutes of the meeting held on 12 February 2015 (circulated previously in electronic form).

RESOLVED that the Minutes of the meeting held on 12 February 2015 be confirmed as a correct record and signed by the Chairman.

The Chairman referred to earlier announcements made by the outgoing Chairman and made reference to a Chairman's Charity Day which would be taking place on 2 October 2015, more details of which would be available at the next meeting.

To consider a report on (a) the realignment of overview and scrutiny arrangements to fit the Council's new Operating Model, (b) political balance of committees, (c) the appointment of Chairmen and Vice-Chairmen, (d) proposed updates to the Council's Constitution and (e) the dates for future Council meetings. (yellow pages – Appendix 2 to follow).

The Council had before it a report which set out the timelines of ensuring scrutiny panels were properly aligned to the Council's new Operating Model and that a more even balance of responsibilities was achieved across them to ensure effective scrutiny.

The report explained that in 2014 the Council had agreed that the structure of Overview and Scrutiny be reviewed to establish what changes might be required to function effectively within the new Operating Model.  Cross-party discussions had taken place involving members of OSPB and Group Leaders to help inform the recommendations within the report.

The report set out the details and supporting information.

Following cross-party discussions, it was proposed that the following remits should be adopted:

The proposals received cross-party support.

RESOLVED that the report be noted and the proposals within it be agreed for the re-alignment of the remits of the Scrutiny member bodies as set out in paragraphs 6 and 7 of the report [and set out above].

The Council had before it a report about political balance on Committees which set out that the Council was under a legal duty to ensure that the seats on its ordinary committees were allocated between the respective political Groups on the Council in accordance with the principles of political balance as far as was reasonably practicable.

The Council on 12 February 2015 (minute number 1648) had established a Pensions Committee following the production of the long-awaited Local Government Pension Scheme (Amendment) (Governance) Regulations.

A seat on the Appointments Etc. Panel was currently 'shared' alternately between the 2013 Group and the Independent Alliance Group.  With the creation of the new Pensions Committee, those two Groups were now entitled to one seat on either the Pensions Committee or the Appointments Etc Panel (i.e. a full seat would now be available to the Group not represented on the Pensions Committee).  These proposals would satisfy the overall requirements of political balance. There was no change to allocations other than for those two member bodies. 

The same report also set out the need for the appointment of Chairmen and Vice-Chairmen of committees.  Members' attention was drawn to the revised Appendix 2 showing the proposals which had been circulated to all members.

RESOLVED that

(a)       regard be given to the establishment of a new Pensions Committee and the allocation of places upon its political structures be confirmed in accordance with Appendix 1 to the report, and

(b)       the constitutional appointments as set out in the revised Appendix 2 to the report be confirmed.

The Council had before it a report which set out that the recent amendments to the directorate structure together with some legislative changes had provided the opportunity to review and refresh the Council's constitution to incorporate these and produce a 2015 edition of the document.

The Council's attention was drawn to a number of proposed updates set out in the report.

A copy of the updated Constitution – May 2015 edition had been made available in the Members' Support Unit, at County Hall Reception and on the Council's website.

The report also set out that meetings of the County Council had been arranged until November 2015 (these were 9 July 2015, 17 September 2015 and 12 November 2015).  The report set out the dates proposed for meetings in 2016.  The Council was advised that the date of the Local Government Association (LGA) conference had not been set and so the recommendation relating to the July 2016 Council meeting might be subject to alteration.

RESOLVED that

(a)       the 2015 Constitution be approved and the Head of Legal and Democratic Services be authorised to keep it updated; and

(b)       the Council meeting dates for 2016 be:

14 January 2016

11 February 2016

12 May 2016

7 July 2016

15 September 2016

10 November 2016.

To receive the annual report of the Chairman of the Overview and Scrutiny Performance Board and answers to any questions on it (grey pages).

The Chairman of the Overview and Scrutiny Performance Board (OSPB) introduced the report.  He thanked participants for their contribution to the scrutiny process over the last year and scrutiny officers for their assistance.

The report was noted.

To receive a report on the future work programme of the Overview and Scrutiny Performance Board (yellow pages).

The Council had before it a report containing suggestions for future scrutiny topics and a proposed work programme.

A debate ensued during which the following principal points were made:

·                the recommendation before the Council had been produced following widespread consultation and negotiation

·                it was a far-reaching and yet a realistic plan

·                concerns were expressed that there was a backlog in a number of areas and the workload was not decreasing

·                it was suggested that scrutiny might wish to focus more on the overview aspect and looking forward as in pre-decision scrutiny.  There was also the need to cover wider more strategic issues such as devolved powers

·                there had been good work done to protect Worcestershire residents in Winterbourne

·                there may be some merit in making increased use of task and finish groups to allow a wider vision and to cover more topics. Flexibility was key.

RESOLVED that the 2015/16 Scrutiny Work Programme be endorsed.

To consider the reports of the Cabinet and to receive answers to any questions asked on those reports. Matters which require a decision by Council are on yellow pages. Matters upon which decisions have been taken by Cabinet are on white pages.

The Council had before it a report which contained details of various changes to capital and revenue expenditure consequent upon the receipt of a number of grants from the Government.

The details are set out in the report which included:

·         Deprivation of Liberty Safeguards Grant 2015/16 and Delayed Transfers of Care Grant

·         Children's Services - Additional Revenue Grants and Education Capital Grants

·         Hoobrook Link Road

·         Tenbury Wells Household Recycling Centre

A debated ensued during which the following principal points were made:

·         the success criteria for delayed transfer of care

·         the process for authority of Deprivation of Liberty Safeguards applications was explained.

RESOLVED that

(a)       the use of the Deprivation of Liberty Standards Grant for 2015/16 and the additional Delayed Transfers of Care monies be approved and the revenue budget cash limits be updated accordingly;

(b)       following the announcement on 2015/16 Children's Revenue and Capital Grants the revenue budget cash limits and capital programme be updated accordingly;

(c)       (i)      an additional £3.5 million facility be set aside in the Capital Programme for the Hoobrook Link Road Scheme;

          (ii)     such a facility be covered by the virement of £3.5 million from the existing Capital Programme unallocated contingency; and

(d)       the planned use of PFI reserve for the relocation of Tenbury Household Recycling Centre be approved and the Capital Programme be updated accordingly.

To receive the reports of (a) the Cabinet Member with Responsibility for Economy, Skills and Infrastructure, and (b) the Cabinet Member with Responsibility for Transformation and Commissioning on current issues and proposed developments within their areas of responsibility and to receive answers to any questions on them. (green pages – part b to follow).

The Leader of the Council reported the following topics and answered questions in relation to them:

·                Scrutiny Report : Integrated Waste

·                Resources Report

-     Resource Budget Monitoring 2014/15 Outturn Forecast as at 28 February 2015

-     FutureFit Programme Update

-     Capital Programme Budget Monitoring: 2014/15 Actual Expenditure as at 28 February 2015

The Cabinet Member with Responsibility for Economy, Skills and Infrastructure presented his report which covered a number of overarching issues:

·                a general perspective of the last 15 months

·                economic growth and investment

·                Worcestershire LEP/SEP

·                EU Funded projects

·                Other economic development projects

·                Worcestershire Business Central

·                Connecting schools and business

·                University Technical College

·                NEETS

·                Infrastructure projects

·                Strategic planning, development control and Waste and Minerals Plans.

The Cabinet Member with Responsibility answered questions about the report which included:

·                areas not covered by the report where perhaps the Council was performing less well.  The Cabinet Member with Responsibility acknowledged it had not been possible to cover every individual aspect of his work but assured Council that he believed the Council's performance overall was to be commended

·                inward investment to the county might prove to be short-lived and might result purely from relocation rather than expansion of internal business generation.  The Cabinet Member with Responsibility stated that the Council's aim was to achieve high quality, well paid jobs for residents in the county and added that Worcestershire had the third fastest growing economy in the country after Oxford and London

·                the Cabinet Member with Responsibility was asked what support had been given to the third sector and responded that the Council were happy to give support to a wide range of businesses to secure local prosperity

·                attention was drawn to the contribution made by railways to the county's economic well-being.  The Cabinet Member with Responsibility outlined some of the local initiatives involving rail travel and also wider regional and national strategic planning

·                members asked about economic development in particular areas of the county and the Cabinet Member with Responsibility gave examples and reassured members that the County Council was working to ensure all areas benefitted from efforts to expand and support business in the county

·                a specific reference was made to the horse racing industry and the future of Worcester Race Course.  The Cabinet Member with Responsibility responded and referred to partnership working in this area

·                comments were made about the uptake of superfast broadband and how residents might access these enhanced services both now and in the future.  The Cabinet Member with Responsibility confirmed this was one of the Council's priorities

·                the level and nature of the support available to parents to use the web portal to facilitate their children's work placement.  The Cabinet Member with Responsibility confirmed that the Council were committed to increasing the number of facilities online and enabling residents to do this

·                the apparent discrepancies in the figures for NEETs given in various documents.  The Cabinet Member with Responsibility referred to different reporting periods and the levels of success when tracing students on leaving full-time education.

The Cabinet Member with Responsibility also promised:

·                to follow-up particular communication difficulties members had experienced when contacting the Chairman of the Local Enterprise Partnership (LEP)

·                to remove, or explain, acronyms in future reports

·                a detailed response regarding the works at Kidderminster Railway Station and specifically the maintenance and cosmetic renovation of the road bridge  ...  view the full minutes text for item 1669.

The Cabinet Member with Responsibility for Transformation and Commissioning up until 8 May 2015 presented his report which covered a number of overarching issues:

·                market development

·                digital Council and customers

·                modernising Human Resources

·                property and estates

·                Legal and Democratic Services

·                communication and branding

·                supporting the business with intelligence and performance monitoring

The Cabinet Member with Responsibility answered questions about:

·                where the £100,000 savings from the CoACH Directorate had come from.  The Cabinet Member with Responsibility referred to staff savings within the Directorate

·                whether some of the Council's customers were being excluded because of the Council's adoption of digital strategy.  The Cabinet Member with Responsibility restated the Council's desire to move towards a 'digital Council' and ensure all residents could access the opportunities this provided

·                how far the Council had moved to providing its staff with the Living Wage.  The Cabinet Member with Responsibility confirmed the Council was taking an incremental approach as had been agreed previously

·                whether the quality of legal work had been maintained whilst demands placed upon the Council had increased.  The Cabinet Member with Responsibility was able to reassure Council that quality remained high and investment in staff had resulted in increased throughput of work.

The Cabinet Member with Responsibility also promised to pursue with the Council's provider of digital support services the length of time it was taking either to provide support or assist with various equipment applications

The Chairman thanked the Cabinet Member with Responsibility for his report.

To receive answers to any questions asked by Councillors (orange pages). 

(Members are reminded of the timescale adopted by Council for notice of questions. A Councillor may only ask a question if:

-       it is delivered in writing to the Head of Legal and Democratic Services by noon on Monday 11 May 2015  or

-       if it relates to urgent business, the Head of Legal and Democratic Services is notified at least half an hour before the start of the meeting).

Seven questions had been received by the Head of Legal and Democratic Services and been circulated before the meeting.  All the questions were asked (or taken as read).  All answers are enclosed with these Minutes.

To receive the report of the Head of Legal and Democratic Services on any Notices of Motion received by him (lilac pages).  Councillors are asked to note that any Notices of Motion must be received by the Head of Legal and Democratic Services no later than noon on Thursday, 7 May 2015.

The Council had before it a Notice of Motion standing in the names of Mr P Denham, Mr P M McDonald, Mr R M Udall and Mr R C Lunn as set out in the agenda papers.

The Motion was moved by Mr P Denham and seconded by Mr P M McDonald who both spoke in favour of it.

The Council then agreed to consider and deal with the Motion on the day.

A debate ensued during which the following principal points were made:

·                that the scale of the problem was largely unknown; what was known was the detrimental effects unqualified teachers were having on children's education

·                there was an assumption that anyone could teach and this devalued the contribution made by qualified teachers

·                qualified teachers were being denied jobs whilst unqualified members of staff were taking classes

·                World Class Worcestershire deserved the best qualified teachers.

Members also spoke against the Motion:

·                the movers of the Motion had chosen to ignore the very valuable contribution that Higher Level Teaching Assistants, Teaching Assistants and instructors made to the life of schools

·                the use of unqualified teachers was the exception rather than the rule

·                independent schools across the country employed unqualified teachers and there was no evidence they had poor standards.

On being put to the meeting the Motion was lost.

The Council had before it a Notice of Motion standing in the names of Mrs E B Tucker, Prof J Raine, Mrs S Askin, Mr M E Jenkins, Mrs F M Oborski and Mr T A L Wells as set out in the agenda papers.

The Motion was moved by Mr M E Jenkins and seconded by Mrs F M Oborski who both spoke in favour of it.

The Council then agreed to consider and deal with the Motion on the day.

It was then moved by Mrs P Agar and seconded by Mr P M McDonald as an amendment to the Motion that:

"Paragraphs 1 and 2 as printed to stand.

Many councils across the country, of various party political control, have or are in the process of implementing, wide-area 20mph speed limits on residential and urban roads without traffic calming. Over 14 million people now live in these areas.

Public health and other bodies such as NICE, Public Health England, the LGA and the WHO all support such a policy. It is described as the most cost-effective way to improve health equality by tackling inactivity, obesity and isolation, whilst also being child, disability, elderly and dementia friendly.

The following paragraph to replace paragraphs 3 and 4 as printed:

We therefore ask the County Council to extend its current pilot schemes for 20mph limits to include new pilots for wide areas and call for a Cabinet report which would indicate methods, enforcement and ensuring support from local communities."

Both the mover and seconder of the amendment spoke in favour of it.

On being put to the meeting this amendment was lost.

The substantive motion was then put to the meeting and was also lost.

To consider the reports of the Audit and Governance and the Planning and Regulatory Committees (white pages - attached) which summarise the decisions taken by those bodies.

The Council received the report of the Audit and Governance Committee containing a summary of decisions taken.

The Council received the report of the Planning and Regulatory Committee containing a summary of decisions taken.