Agenda and minutes

The members had before them:

A.         The Agenda papers (previously circulated).

B.         18 questions submitted to the Head of Legal and Democratic Services (previously circulated).

C.        The Minutes of the Council held on 17 September 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 P J Bridle, Mr C G Holt and Prof J W Raine.

There were no declarations of Interests.

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,11 November 2015). Further details are available on the Council’s website. Enquiries can also be made through the telephone number/e-mail address listed below.

Mr R C Lunn asked a question on behalf of Mr P Bladon, a public participant, who was unable to attend the meeting in person.  The question related to the Household Interview Survey on the "Choose how you move" initiative in Redditch.  Mr Bladon had highlighted possible irregularities.

The Chairman thanked Mr Lunn and said that Mr Bladon would receive a written response from the appropriate Cabinet Member in due course.

To approve as a correct record and authorise the signing of the Minutes of the meeting held on 17 September 2015 (circulated previously electronically).

RESOLVED that the Minutes of the meeting held on 17 September 2015 be confirmed as a correct record and signed by the Chairman.

To receive any announcements to be made by the Chairman.

The Chairman thanked all members for their kind wishes during his recent illness and then referred to the printed Announcements which had been circulated.  Council stood for a minute's silent reflection in memory of Mr Jim Parish, Mr Dan Wicksteed and Mr Ron Mason all of whom had died recently.

The Chairman also wished Mr Peter Bridle a speedy recovery following his recent illness and said he would write conveying the Council's good wishes.

To consider the annual report of the Hereford and Worcester Fire & Rescue Authority (red pages) and to receive any answers to any questions asked about this report. It is planned that the Chief Fire Officer will attend this meeting to answer any questions on operational matters.

The Chairman welcomed Mr Mark Yates, the Chief Fire Officer, to the meeting.  The Chairman of the Hereford and Worcester Fire and Rescue Authority, Mr D W Prodger, presented his report to the Council and he and Mr Yates answered questions asked by members of the Council.

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

The Council had before it a report recommending that a £3.25m addition be made to the Capital Programme from capital released early by BT for further investment to extend superfast broadband across the county.

Members spoke in favour of the proposal stating that:

·         it would increase the county's attractiveness to inward investment and those seeking to establish businesses in more rural locations

·         it would allow a greater geographical coverage of superfast broadband serving residents and local businesses

·         it would create a more equitable coverage for the county of what was now seen to be an essential service

·         it was worth making use of the available money at this stage rather than wait ten years.

Members also spoke against the proposal suggesting:

·         that the Council should not be adding to the profits of a multinational company

·         the Council's priorities were being skewed by this arrangement

·         a disproportionate amount of money was being targeted at a small minority of the county's population.

RESOLVED that a £3.25m addition to the Capital Programme be approved, to be funded by capital released early by BT if the commercial negotiations are successful, for further capital re-investment to extend superfast broadband even further across the county.

The Council had before it a report recommending a £4.3m addition to the Capital Programme for the Kidderminster Railway Station enhancement scheme.  This supported the Council's 'Open for Business' agenda.

RESOLVED that a £4.3m addition to the Capital Programme for Kidderminster Railway Station be approved and the capital budget cash limits be updated accordingly.

The Council had before it a report recommending an increase of £1.2m to the existing Bromsgrove Railway Station relocation project.  The report set out that this would be on the basis that any additional costs that were to be agreed could be demonstrated to be those associated with the construction of the railway station and the car park and that these costs would be recovered by additional income to ensure the project remained cost neutral to the County Council over its project life.

RESOLVED that an increase of up to £1.2m to the existing Bromsgrove Railway Station Relocation project be approved and the Capital Programme cash limits be updated accordingly.

The Council had before it a report recommending a reduction to the Capital Programme Cash Limits and virement of a sum to the Commercial and Change revenue budget consequent upon the appointment of Liberata as the preferred bidder for Transactional HR and Finance Services.

RESOLVED that:

(a)        subject to successful contract agreement with Liberata, Council reduces by £1m the Capital Programme Cash Limits and approves the virement of £0.1m from the Financing Transactions revenue budget to the Commercial and Change revenue budget to effect the cost neutral financial effect of funding the future system change as set out in the Appendix to the report; and

(b)       the Capital Programme as set out in the Appendix to the report be approved and the capital budget cash limits be updated accordingly.

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

·         Positive Activities for Young People:  Future Direction

·         Future Governance of Worcestershire Youth Music

·         Worcestershire Safeguarding Children Board Annual Report 2014/15

·         Future Delivery Arrangements for West Mercia Youth Offending Service (WMYOS)

·         Fair Funding Consultation Outcomes 2016-17 - National and Local Changes to the Funding Arrangements for Schools including the Local Funding Formula for Worcestershire Mainstream Schools

·         Future of Bishops Wood Centre

·         Designation of Worcestershire as a Pollinator-Friendly County

·         Self Sufficient Council - Income from Sales, Fees and Charges

·         Commissioning of Transactional HR and Finance Services

·         Resources Report

To consider a report from the Chief Executive on the Council's Operating Model (yellow pages).

The Council had before it a report on the future operating model.  Reference was made in the report to the previous decision made on this subject and the recommendations now before the Council which were necessary as structures and ways of working evolved.  The report contained overarching sections on:

·         key principles and drivers

·         improving outcomes and managing demand

·         delivering Worcestershire's economic prosperity and productivity ambitions

·         improving outcomes for vulnerable children

·         talent management, and

·         and the proposed next steps and timeline.

Appendices to the report gave detailed diagrammatic representations of structures and operating models.

During the course of debate an amendment was moved by Mrs F M Oborski and seconded by Mrs E B Tucker that the name of the restructured Directorate should be the Children, Families and Communities Directorate.  This was agreed.

RESOLVED that:

(a)        the progress that has been made in embedding the Council's Operating Model principles as a result of the last report to Council in May 2014 be noted and acknowledged;

(b)       the proposed restructure of the existing Business, Environment and Community (BEC) Directorate to a new Economy and Infrastructure Directorate, as set out in paragraphs 19-28 and Appendix 1 to the report (including changes to the roles of affected Chief Officer-related posts) with effect from 1 January 2016, to better provide capacity and capability to deliver the economic prosperity ambitions described in the Strategic Economic Plan (SEP) be approved;

(c)        the proposed restructure of the existing Children's Services (ChS) Directorate to a new Children, Families and Communities Directorate, as set out in paragraphs 29-32 of the report, with effect from 1 January 2016 reflecting the required change of emphasis to support children as part of their family and community and not in isolation be approved;

(d)       the Chief Executive be authorised to finalise the detail of the management structure including amending the specifications for affected Chief Officer-related posts in accordance with the above decisions ; and

(e)        progress made in further evolving the Council's Operating Model to ensure a Council that is FutureFit, particularly in the areas of Demand Management and Talent Management be noted.

To consider a report on the future arrangements for Worcestershire Shared Services Joint Committee and the delivery of Worcestershire Regulatory Services (Trading Standards and Animal Health Services) (yellow pages – to follow).

The Council had before it a report containing proposals for a withdrawal from the Worcestershire Shared Service Joint Committee and a recommendation that the county regulatory functions currently discharged through Worcestershire Regulatory Services including Trading Standards and Animal Health be brought back in house to the County Council.

The report contained governance options and an analysis of the legal, financial and human resources implications. Members expressed general support for the return of the service to the Council.

RESOLVED that:

(a)        the County Council withdraws from the Worcestershire Shared Services Joint Committee on 31 March 2016;

(b)       the County regulatory functions currently discharged through Worcestershire Regulatory Services (WRS) including Trading Standards and Animal Health be brought back in-house to the County Council from 1 April 2016 or as soon thereafter as may be determined in accordance with (d);

(c)        should those County regulatory functions not be brought back in-house on 1 April 2016 then they may be delivered through WRS via a short-term Services Contract until they are; and

(d)       authority be delegated to the Director of Business, Environment and Community, in consultation with the Cabinet Member with Responsibility for Localism and Communities, to negotiate with the Management Board of WRS and other member authorities of the Joint Committee and take all necessary steps to put recommendations (a), (b) and (c) into effect, including giving appropriate notice for withdrawal from the Joint Committee, determining the arrangements and timetable for termination of the current arrangements for delivery and the service being brought back in-house, and agreeing any interim arrangements under a short-term Services Contract and the use of Directorate reserves to support those interim arrangements.

To consider a report on devolution issues. (yellow pages).

The Council had before it a report and summary document on potential devolution issues which might arise out of emerging legislation.

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

·         it was helpful and constructive to have the opportunity to discuss some of the developing ideas

·         it was encouraging that most of the councils in the county wanted to work constructively

·         there would be a range of potential difficulties to overcome but that process in itself might be useful

·         members would like to be kept informed of developments

·         a further report would be  made to Council in 2016.

RESOLVED that:

(a)        the report and attached summary document on Worcestershire's emerging case for devolution be noted;

(b)       the direction of travel as set out in the summary document attached to the report be supported; and

(c)        a further report be received in 2016 to determine the Council's approach to devolution.

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, 5 November 2015.

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

The Notice of Motion was moved by Mr P Denham and seconded by Ms P A Hill who both spoke in favour of it.

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

An amendment was then moved by Mr J P Campion and seconded by Mr M L Bayliss.

In response to a query from one of the signatories to the original motion the Head of Legal and Democratic Services gave advice on the validity of the amendment stating that it did not negate the multi-faceted original motion.

The Council then debated the amendment during which the following principal points were made;

·         the Council's reputation had been damaged in what had become a lamentable series of claims and counter claims

·         genuine concerns had been raised about the continued capacity to provide for children with SEN causing much apprehension to parents of such students

·         that if the Council was going to continue with commissioning of services this was not the way to build confidence and trust either in the process or the outcomes it sought to achieve.

Other members suggested:

·         that the commissioning process was part of a long-term approach to provide the best services for the people of Worcestershire

·         contracts of this kind would become the  norm to ensure the County Council could meet the Government's requirements for leaner operations in a challenging economic environment

·         in this case there had been a delay in signing off the Transformation Plan. A mistake had been made but now corrected

·         that the debate had gone beyond even the "cut and thrust" of a political chamber but must not detract from the determination to change the way the Council operated.

On a named vote the Amendment:

"This Council awarded a contract to Babcock International to provide support services, including administration and some specialist staff for pupils with disabilities and early years schooling.

391 workers were transferred into Babcock's employment as part of the commissioning process.

Council recognises that Babcock should have agreed its transition plan with the Council and regrets the alarm and distress caused to parents of children who are worried about the level of support for their children at school that this miscommunication caused.

Council appreciates the valuable work all our former employees have done to help our children, the schools and this Council in improving outcomes for children in Worcestershire.

Council endorses the Chief Executive's message to all staff in October 2015 “You may have seen the media coverage this week on Babcock's first few weeks in delivering Learning and Achievement services. The press coverage was unfortunate and I want to apologise for any upset that it caused particularly for those involved. We've commissioned these services to make sure that we're best able to continue to deliver outstanding results for our children and young people  ...  view the full minutes text for item 1726.

The Council had before it a Notice of Motion standing in the names of Mr P M McDonald, Mr J Baker, Mr R M Udall and Mr C J Bloore.

The Notice of Motion was moved by Mr P M McDonald and seconded by Mr C J Bloore 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 members spoke for the Motion and suggesting the MP's intervention had been unhelpful and others spoke against, maintaining the MP's role to represent local people in the constituency and pass on their concerns. It was suggested that the decision ultimately was a commercial one for the bus company.

On a named vote the Motion was lost.

Those voting in favour were:

Ms P Agar, Mr J Baker, Mr C J Bloore, Mr P Denham, Mr A Fry, Ms P A Hill, Mr R C Lunn, Mr L C R Mallett, Mr P M McDonald, Mr R M Udall and Mr G J Vickery (11)

Those voting against were:

Mr A A J Adams, Mr A T Amos, Mr R W Banks, Mr M L Bayliss, Mr A N Blagg, Mrs S L Blagg, Mr M H Broomfield, Mr J P Campion, Mr S J M Clee, Mr S C Cross, Mrs P E Davey, Mr N Desmond, Ms L R Duffy, Mrs E A Eyre, Mr S E Geraghty, Mr W P Gretton, Mrs J L M A Griffiths, Mr P Grove, Mr A I Hardman, Mr M J Hart, Mrs A T Hingley, Mrs L C Hodgson, Mr A P Miller, Dr K A Pollock, Mr D W Prodger, Mr A C Roberts, Mr J H Smith, Mr C B Taylor, Mr P A Tuthill and Mr G C Yarranton (30)

Abstentions: Mrs S Askin, Mr M E Jenkins, Mrs F M Oborski and Mrs M A Rayner (4)

The Council had before it a Notice of Motion standing in the names of Mr G J Vickery, Mr C J Bloore, Mr R M Udall, Mr P M McDonald, Mr J Baker, Mr A Fry, Ms P Agar, Mr P Denham and Mr R C Lunn.

The Notice of Motion was moved by Mr G J Vickery and seconded by Mr C J Bloore who 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:

·         The Motion was a genuine attempt to maintain and protect the good working relationships locally between the council and the trade unions

·         Retention of facility time was not a frivolous demand, it was increasingly important for good working relationships

·         Direct deduction of union subscriptions was no different from other items deducted at source from employees' salaries and its potential removal seemed petty. It was pointed out however that a free system was in place run by the banks and employees could take advantage of paying for their union subscriptions by Direct Debit.

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, Mrs S Askin, Mr M E Jenkins, Mrs F M Oborski and Prof J W Raine.

The Notice of Motion was moved by Mrs F M Oborski and seconded by Mrs S Askin who both spoke in favour of it.

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

An amendment was moved by Mr M L Bayliss and seconded by Mr J P Campion. The mover and seconder of the original motion then suggested a variation to the final paragraph of the amendment.

The mover and seconder of the amendment agreed to this alteration.

On being put to the meeting this amendment was carried and Council resolved:

 "This Council values its employees and respects the commitment and flexibility they have contributed to the work of the Council over recent difficult years of change.

We recognise that constant change, modernising the way we serve residents, increased demand and squeezed budgets, changes in management structures and expectations, and the drive towards commissioning services from outside traditional council structures, have created a most challenging working environment.  Our staff have coped with all this and continued their work to serve the best interests of Worcestershire residents. We are grateful.

Our employees are entitled to expect transparency from us about their future and its risks when the Council enters into contracts.

Council therefore urges that, in any further transfer of staff to commissioned service deliverers, draft Transition Plans will be agreed before, and signed off by both parties soon after,  final contracts are signed".

To receive the report of the Cabinet Member with Responsibility for Highways on current issues and proposed developments within his area of responsibility and to receive answers to any question on the report (green pages).

The Cabinet Member with Responsibility for Highways presented his report which covered a number of overarching issues:

·           Major Projects

-        Worcester Southern Link Road

-        Hoobrook Link Road

-        Worcester 6 Business Park

-        Cathedral Square

-        Cornmarket

-        Middle Hollow Drive

-        Tenbury public realm enhancement

-        Kidderminster Town Centre improvement

·           Smaller Schemes

·           Highways Maintenance

·           Management of utilities and events

·           Street lighting

·           Winter maintenance

·           Rail

-      Leaders' Rail Group

-      Bromsgrove Station – relocation

-      Worcestershire Parkway

-      Kidderminster Railway Station

·           Public Transport

·           Road Safety Team

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

·           co-ordination of routine works with Utilities schemes and how the county Council responded to various emergency works by Utilities

·           the phasing of the Cathedral Square improvements and the timing of various works.  The Cabinet Member with Responsibility answered specific questions about the siting and orientation of the pedestrian crossing

·           the Highways Inspection regime

·           the division of road schemes between various contractors

·           night time street lighting savings

·           timing of the Worcestershire Parkway rail scheme

·           short comings of various bus operators across the county and activity to improve these

·           local members raised specific examples of exemplary work by individual Council Officers and thanked the Cabinet Member with Responsibility.

The Cabinet Member with Responsibility promised:

·           a written response on the use of particular "Choose How You Move" money in Redditch

·           a written response on the range and scope of parking permit schemes

·           written responses on various queries relating to line painting and other highways works

·           a written response on the optimum speed for winter maintenance vehicles on gritting runs

·           to look into the feasibility of making street lighting switch off more flexible, especially the balance between main roads and estate roads

·           to look into what bus provision there would be at the new Bromsgrove railway interchange

·           in relation to Minute 1727 above to look into some of the issues relating to bus routes and to respond to local members in due course.

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

To receive the report of the Chief Executive and any answers to questions on it (cream pages).

The Chief Executive presented her report to Council which covered various topics including:

·         listening to the Council's residents

·         performance of the Council

·         ways of working

·         changing ways of working

·         delivering the Corporate Plan

-        Open for Business

-        Health and well-being

-        Children and families

-        The Environment

·         moving into 2016 and beyond.

The Chief Executive then answered a broad range of questions from members.

The Chairman thanked the Chief Executive for her 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 9 November 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. )

Eighteen questions had been received by the Head of Legal and Democratic Services and had been circulated before the meeting.  Eleven were asked at the meeting and answered.  Where questions could not be asked written answers would follow. (All answers are enclosed with these Minutes.)

To consider the reports of the Audit and Governance Committee, the Pensions Committee and the Planning and Regulatory Committee (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 Pensions Committee containing a summary of decisions taken.

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