Minutes for Council meeting, Apr 22 2010, 7.00PM official page

The Council held a minute of silence in remembrance of former Councillor Carol Day. 

The Mayor reported that he had written to the Leader of Torun Council expressing the town’s condolences for the loss of the Polish President, countrymen and women in the recent Russian plane crash.

                        Apologies for absence were received from Councillors Graham Cherry, Doreen Dart, Peter Greenhalgh, David Sammels and Glenn Smith. 

To receive the minutes of the previous meeting held on 22^nd February 2010.

            Resolved – (1) That the minutes of the meeting held on 22 April 2010 be confirmed and signed.

            (2) That, further to Minute 97, the Leader of the Councillor made a statement clarifying an answer he had given to Councillor Bob Wright on street naming at Council on 22^nd February 2010.

See explanatory note below.

            Mr. Les White submitted a question regarding the maintenance of grass verges and a written response was tabled.

            Ms. Teresa Greenslade tabled a question in respect of review of a housing application and a written response was tabled.

            Mr. Andy Harrison asked the Cabinet Member for Children’s Services why he would not reveal the actual passenger numbers for the morning bus service from Penhill to the Academy and why he was using apparently misleading numbers of residents in attendance at Public meetings relating to the Academy?

            Councillor Perkins responded that he did not refer to residents but was concerned with the parents of children attending the Academy.  He informed the questioner that he would not make decisions regarding school budgets for political reasons during the campaign.

            Mr. Andy Harrison asked the following supplementary question, “Can the Cabinet Member for Children’s Services confirm that reassurances were given to parents and residents when the Academy was proposed that it would be both an educational and wider community facility?”

            Councillor Garry Perkins responded that the £38 million redevelopment of the School site, which regenerated an area ignored by previous administrations, was for school and community use.  He noted that transport discussion had been related to ensuring a safe route to school and that no parents had contacted him regarding transport issues.  He indicated that he had no reason to disbelieve the information that the bus companies had provided him.

            Mr. Chris Van Roon thanked the Cabinet Member for his Standing Order 15 response regarding the use of buses in Ermin Street.  He asked the Leader of the Council if he would give an undertaking that further consultations with local residents and schools would be undertaken to alleviate local disquiet with the proposals.

            Councillor Roderick Bluh indicated that a written response would be provided to Mr. Van Roon but noted that extensive consultations had already been undertaken.

To receive any communications or letters which the Mayor or Chief Executive may have to bring before the Council.

The Deputy Chief Executive reported that no communications had been received.

(i) Adult Learning Plan – Minute 113(1) of the Cabinet; and

(ii) Revision of Street Trading Fees – Minute 29 of the Licensing Committee.

(iii) Any other matter that may be referred to the Council for decision following the issue of the agenda.

            (1) Councillor Roderick Bluh moved and Councillor Fionuala Foley seconded that Minute 113(1) of the Cabinet (Adult Learning Plan) be confirmed and adopted.

            The Motion was put to the vote and declared carried.

            (2) Councillor Eric Shaw moved and Councillor Andrew Bennett seconded that Minute 29 of the Licensing Committee (Revision of Street Trading Fees) be confirmed and adopted.

            The Motion was put to the vote and declared carried.

(Councillor Michael Dickinson made a Personal and Prejudicial Declaration of Interest in respect of Minute 110(1), as he was an employee of New College Swindon, and he left the room during the discussion of this item.)

Questions (if any) of which notice has been given by Councillors in accordance with Standing Order 15.

            The Director of Law and Democratic Services reported that Standing Order 15 Questions hade been received from Russell Holland and Bob Wright.   The questions and answers from the appropriate Cabinet Member are attached as Appendix 1 to the Minutes.

            Councillor Russell Holland noted that there was some anecdotal evidence that local residents and school governors felt that there had not been sufficient consultation.  He asked if there could be a meeting arranged to resolve this issue.

            Councillor Roderick Bluh said that he had no objection, in principle, to a meeting and he would speak to Councillor Holland about this once he had liaised with officers to acquaint himself with the relevant facts.

            Councillor Bob Wright asked the Cabinet Member for Culture, Regeneration and Economic Development who had instructed the Head of Licensing to put Street Trading Prohibition on the Licensing Committee’s agenda, noting that evidence to the Committee had appeared to be contradictory and given the fact that there were activities being undertaken in the town centre that were causing similar if not worse problems?

            Councillor Phillip Young responded that this issue had arisen through a number of sources including development plans, representations from the New Swindon Company, InSwindon and retailers.  It was then with the remit of the Licensing Committee to determine if a policy was required.

            Councillor Bob Wright thanked the Leader of the Council for his response on the use of free office space and he hoped that the voluntary sector would be offered the same opportunity as Digital City.

            Councillor Bob Wright thanked the Leader of the Council for his response but expressed his concern at the inclusion of the words “not normally apply”.

            Councillor Roderick Bluh noted the concerns of Councillor Bob Wright which he indicate he generally agreed with.  However the words “not normally apply” reflected the fact that all staff were entitled to the terms set out in their contract of employment and would cover any other legal issues arising.

            Councillor bob Wright noted that he had enjoyed attending many Mayoral events, which had benefited a wide range of people within the community.  He had raised the venue Former Mayors get together as this had caused some difficulties.

            Councillor David Wren indicated he was happy to discuss this issue with Councillor Bob Wright after the meeting.

On 30^th April 2009, Council referred the following Motion, moved by Councillor Kevin Small and seconded by Councillor Bob Wright, to Cabinet for consideration (Minute 90 2008/09 refers). The Cabinet will consider a report arising from this Motion at its meeting on 14^th April 2010.

“This Council notes the importance of apprenticeships in employing and training our young people.  Council further notes the importance of contracts awarded by Swindon Borough Council to the local economy.

Council, therefore, resolves:

1.      To instruct Cabinet to investigate the creation of a scheme whereby all organisations awarded a contract by Swindon Borough Council take on one apprentice for every £1 million of the contract, for its duration

2.      To instruct the Chief Executive to prepare a report on this issue for Cabinet’s consideration.

3. That the outcome of this investigation be presented to Council in July 2009.”

With the agreement of the mover and seconder the Motion was amended to read:

“This Council notes the importance of apprenticeships in employing and training our young people.  Council further notes the importance of contracts awarded by Swindon Borough Council to the local economy.

Council, therefore, resolves:

1.      To instruct Cabinet to investigate the creation of a scheme whereby all organisations awarded a contract by Swindon Borough Council take on one apprentice for every £1 million of the contract.

2.      To instruct the Chief Executive to prepare a report on this issue for Cabinet’s consideration.

3.      That the outcome of this investigation be presented to Council.”

 A copy of the Cabinet Report is attached for Members’ information.  A copy of the Cabinet Minute will be circulated under separate cover.

Councillor Roderick Bluh moved and Councillor Fionuala Foley seconded that Minute 133 of the Cabinet be approved.

            The Motion was put to the vote and declared carried.

(Councillor Michael Dickinson made a Personal and Prejudicial Declaration of Interest in respect of this item, as he was an employee of New College Swindon, and he left the room during the discussion of this item.)

On 22^nd February 2010, Council referred the following Motions to Cabinet for consideration (Minute 102 refers). The Cabinet will consider these Motions at its meeting on 14^th April 2010.

(a) Councillor David Glaholm moved and Councillor Steve Wakefield seconded:

“This Council noting the lack of significant progress made in respect of the resolution of the Council (Minute 42 of the meeting held on 24/09/2009) and recognising the disappointment of parents and others in the Penhill area who feel bewildered as promises were felt to have been made during the consultation process on the provision of the Academy in Pinehurst that the bus service would be improved.

Resolves:-

1. That Officers bring forward costed proposals to increase the frequency of the current No 21 Bus service to half hourly up to 6.00 pm by no later than the Council meeting in April 2010.

2. That officers investigate and bring forward proposals to divert buses down Beech Avenue to service the Academy;

3. Noting that in the report to the Planning Committee on 10th July 2007, regarding the Pinehurst Academy, Officers proposed in their report the following contributions to Public Transport provision involving increasing the frequency of Bus Service 24, to every 30 minutes between 08.00 - 18.00 (Mon -Sat) = £52,500 and Increasing frequency of Bus Service 10 to hourly between Town Centre, Pinehurst and Haydon Wick 18.00 - 22.30 = £15,000, -the officers also, as soon as practical, introduce an hourly service from 6.00pm to 10.00 pm serving Penhill and the Academy as proposed in the planning permission for the Academy.

(Note Service 10 was reduced from 1/2 hourly to hourly after the planning permission was granted.)”

(b)  Councillor Stan Pajak moved and Councillor Martin Wiltshire seconded:

“That this Council will honour its commitment to increase to half hourly the Penhill / Pinehurst bus service between 8am and  6pm from the £52,000 budget already allocated in the report to the Planning Committee of the 10^th July 2007.”

A copy of the Cabinet Report is attached for Members’ information.  A copy of the Cabinet Minute will be circulated under separate cover.

Councillor Roderick Bluh moved and Councillor Fionuala Foley seconded that Minute 131 of the Cabinet be noted and that the Council confirms that in its view the current bus services operating in the Swindon Academy area are fit for purpose and do not need additional funding.

Councillor Des Moffatt moved and Councillor Paul Baker seconded that the Motion be amended to read.

“That Council considers the current bus service operating in the Swindon Academy area would be fit for purpose with the addition of one extra morning bus service and one extra evening bus service.

Council requests that the provision of this additional service be negotiated with Thamesdown Transport and that this be funded from existing resources set out in documentation supporting the original Planning Application.”

            The amendment was put to the vote and declared lost.

            The Substantive Motion was put to the vote and declared carried.

(Councillors Ian Dobie, Dale Heenan and Keith Williams made a Personal Declaration of Interest in respect of this item, as they were Directors of Thamesdown Transport.)

(Councillor David Glaholm requested that his vote against the above Motion be recorded.)

Councillor Derique Montaut will move and Councillor Stan Pajak will second:

"This Council notes that there has been evidence produced that has brought concern from Councillors and members of the public alike, over this Council’s dealings with Digital City (UK) Ltd and the provenance of the investments that have been made in to this company. 

This Council requests the Chief Executive to present a report to Cabinet on the appointment of external auditors to hold an enquiry in to specific aspects of this Council’s dealings with Digital City (UK) Ltd, Avidity Consulting Ltd and the three companies registered under the aQovia name. The terms of reference for this enquiry will be the following: 

The Constitution of the Board of Digital City (UK) Ltd

Who has been and is currently, on the Board of Digital City (UK) Ltd?

What is the position of Mr Mustafa Arif in regards to Digital City (UK) Ltd and AQovia UK Limited?

The provenance of the loan arrangements with Digital City (UK) Ltd and their compliance with current legislation

Was full due diligence made by the Swindon Borough Council before entering in to a partnership with other private sector companies?

What is the provenance of all the investments made in to Digital City (UK) Ltd?

Do the origins of all the investments in to Digital City (UK) Ltd comply with the Swindon Borough Council’s own Constitution, standing orders and protocols? 

The relationship between Digital City (UK) Ltd, Aqovia and Avidity Consulting Ltd

What is the relationship between Digital City (UK) Ltd and the Swindon Borough Council with each of the three aQovias?

What is the relationship between all three companies named aQovia, with each other? 

What is the relationship between Digital City UK Ltd and Avidity Consulting Ltd? And is William Richard Hunt the sole investor of Avidity Consulting Ltd? 

Cabinet Member Response Note signed by the Lead members on the 15^th October, 2009

Was all aspects of the Cabinet Member Briefing Note fully adhered to after it was signed by the two Lead members on the 15^th October 2009?

Could the Swindon Borough Council have loaned up to £450,000 of Council taxpayers money to Digital City (UK) Ltd in a more open and transparent way without jeopardizing the Swindon Wi-Fi project?”

 Councillor Derique Montaut moved and Councillor Jim Grant seconded:

"This Council notes that there has been evidence produced that has brought concern from Councillors and members of the public alike, over this Council’s dealings with Digital City (UK) Ltd and the provenance of the investments that have been made into this company. 

This Council requests the Chief Executive to present a report to Cabinet on the appointment of external auditors to hold an enquiry into specific aspects of this Council’s dealings with Digital City (UK) Ltd, Avidity Consulting Ltd and the three companies registered under the aQovia name. The terms of reference for this enquiry will be the following: 

The Constitution of the Board of Digital City (UK) Ltd

Who has been and is currently, on the Board of Digital City (UK) Ltd?

What is the position of Mr Mustafa Arif in regards to Digital City (UK) Ltd and AQovia UK Limited?

The provenance of the loan arrangements with Digital City (UK) Ltd and their compliance with current legislation

Was full due diligence made by Swindon Borough Council before entering into a partnership with other private sector companies?

What is the provenance of all the investments made in to Digital City (UK) Ltd?

Do the origins of all the investments in to Digital City (UK) Ltd comply with Swindon Borough Council’s own Constitution, standing orders and protocols? 

The relationship between Digital City (UK) Ltd, Aqovia and Avidity Consulting Ltd

What is the relationship between Digital City (UK) Ltd and Swindon Borough Council with each of the three AQovias?

What is the relationship between all three companies named AQovia, with each other? 

What is the relationship between Digital City UK Ltd and Avidity Consulting Ltd?  Is William Richard Hunt the sole investor of Avidity Consulting Ltd? 

Cabinet Member Response Note signed by the Lead Members on the 15^th October, 2009

Was all aspects of the Cabinet Member Briefing Note fully adhered to after it was signed by the two Lead Mmembers on the 15^th October 2009?

Could Swindon Borough Council have loaned up to £450,000 of Council taxpayers money to Digital City (UK) Ltd in a more open and transparent way without jeopardising Swindon Wi-Fi project?”

            Councillor Garry Perkins moved and Councillor Roderick Bluh seconded that the motion be amended to read:

“This Council notes that there has been evidence produced that has brought concern from Councillors and members of the public alike, over this Council’s dealings with Digital City (UK) Ltd and the provenance of the investments that have been made into this company.

            This Council notes that the Scrutiny Committee (19 April 2010) and Audit Committee (20 April 2010) have reviewed and investigated the loan arrangement and concluded that due process was followed and due diligence was undertaken.  This Council notes the Memorandum of Understanding between the Leader of the Council and the Leader of the Opposition dated 15 April 2010 to find a way forward for this and other innovative and beneficial projects.  In particular,  ...  view the full minutes text for item 114.

Councillor Des Moffatt will move and Councillor Kevin Small will second:

“This Council resolves to authorise the Director of Law and Democratic Services to amend the constitution and protocols of the Council to reflect the following:

(1) Authority, including delegated authority is limited to spend, loan, purchase or dispose of assets to the value of £100,000 without a minuted decision or *circulated lead members decision note. This equally applies to specific grants of all kinds and includes resources under the control of our partner organisations who apply tax revenue and capital funds for which Swindon Borough Council has responsibility.

(*Circulated to the leader of the main opposition party, ward members and shadow lead members as appropriate and the leader/s of minority groups)

(2) The Director of Law and Democratic Services is responsible for the final decision as to how any matter that needs formal decision-making by the Council should be made.

(3) The Director of Law and Democratic Services is responsible for how any decision of the Council is recorded to reflect the settled will of the decision making body at the time the decision was made.

(4) The duties, responsibilities and authorisations of the Director of Finance remain unaffected in regard to Treasury Management in these changes.”

Councillor Des Moffatt moved and Councillor Kevin Small seconded:

“This Council resolves to authorise the Director of Law and Democratic Services to amend the constitution and protocols of the Council to reflect the following:

(1) Authority, including delegated authority is limited to spend, loan, purchase or dispose of assets to the value of £100,000 without a minuted decision or *circulated lead members decision note. This equally applies to specific grants of all kinds and includes resources under the control of our partner organisations who apply tax revenue and capital funds for which Swindon Borough Council has responsibility.

(*Circulated to the leader of the main opposition party, ward members and shadow lead members as appropriate and the leader/s of minority groups)

(2) The Director of Law and Democratic Services is responsible for the final decision as to how any matter that needs formal decision-making by the Council should be made.

(3) The Director of Law and Democratic Services is responsible for how any decision of the Council is recorded to reflect the settled will of the decision making body at the time the decision was made.

(4) The duties, responsibilities and authorisations of the Director of Finance remain unaffected in regard to Treasury Management in these changes.”

With the agreement of the mover and seconder, the Motion was amended to read:

“This Council resolves to authorise the Director of Law and Democratic Services to amend the constitution and protocols of the Council to reflect the following:

(1) Authority, including delegated authority is limited to spend, loan, purchase or dispose of assets to the value of £100,000 without a minuted decision or *circulated lead members decision note. This equally applies to specific grants of all kinds and includes resources under the control of our partner organisations who apply tax revenue and capital funds for which Swindon Borough Council has responsibility.

(*Circulated to the leader of the main opposition party, ward members and shadow lead members as appropriate and the leader/s of minority groups)

(2) The Director of Law and Democratic Services is responsible for the final decision as to how any matter that needs formal decision-making by the Council should be made.

(3) The Director of Law and Democratic Services is responsible for how any decision of the Council is recorded to reflect the settled will of the decision making body at the time the decision was made.

(4) The duties, responsibilities and authorisations of the Director of Finance remain unaffected in regard to Treasury Management in these changes.”

That under Standing Order 6(7)(a) the matter be referred to the Corporate Governance Review Working Party.

To consider and recommend to Annual Council the dates for meetings of the Council, the Cabinet, Committees and other Swindon Borough Council Bodies for the Municipal Year, 2010/11.

Councillor Roderick Bluh moved and Councillor Fionuala Foley seconded:

(1) That, subject to the reinstatement of additional Scrutiny Committee dates, the Timetable of Meetings for the Municipal Year 2010/11, as set out in Appendix 1 to the report of the Director of Law and Democratic Services be approved for formal adoption by Annual Council.

(2) That the Director of Law and Democratic Services, in consultation with the Leader of the Council, be authorised to vary the dates for meetings of the Council, the Cabinet, Committees and Other Swindon Borough Council bodies should this prove necessary for the efficient discharge of Council business.

The Motion was put to the vote and declared carried.

To receive a report on the meetings of the Special Committee held on 9^th and 23^rd February and 25^th March 2010.

            The Council considered (a) a report of the Director of Law and Democratic Services setting out a report of the meeting of the Special Committee held on 9^th and 23^rd February and 23^rd March 2010, and (b) questions to the Leader of the Council and answers received. 

To receive a report on the meetings of the Cabinet held on 20^th January, 10^th February and 10^th and 31^st March 2010 and on decisions taken by Cabinet members under delegated powers between January and March 2010.