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Agenda, decisions and minutes

Venue: Tewkesbury Borough Council Offices, Severn Room

Contact: Democratic Services Tel: 01684 272021  Email:  democraticservices@tewkesbury.gov.uk

Items
No. Item

89.

Announcements

When the continuous alarm sounds you must evacuate the building by the nearest available fire exit. Members and visitors should proceed to the visitors’ car park at the front of the building and await further instructions (during office hours staff should proceed to their usual assembly point; outside of office hours proceed to the visitors’ car park). Please do not re-enter the building unless instructed to do so.

 

In the event of a fire any person with a disability should be assisted in leaving the building.

Minutes:

89.1          The evacuation procedure, as noted on the Agenda, was advised to those present and the Chair welcomed the members of the Peer Review Team who were observing the meeting.

90.

Apologies for Absence and Substitutions

To receive apologies for absence and advise of any substitutions. 

Minutes:

90.1           Apologies for absence were received from Councillor G F Blackwell and L A Gerrard. Councillor D J Harwood would be acting as a substitute for the meeting.

91.

Declarations of Interest

Pursuant to the adoption by the Council on 26 June 2012 of the Tewkesbury Borough Council Code of Conduct, effective from 1 July 2012, as set out in Minute No. CL.34, Members are invited to declare any interest they may have in the business set out on the Agenda to which the approved Code applies.

Minutes:

91.1           The Committee’s attention was drawn to the Tewkesbury Borough Council Code of Conduct which was adopted by the Council on 26 June 2012 and took effect from 1 July 2012.

91.2           There were no declarations of interest made on this occasion.

92.

Minutes pdf icon PDF 229 KB

To approve the Minutes of the meeting held on 5 February 2020.

Minutes:

92.1           The Minutes of the meeting held on 5 February, copies of which had been circulated, were approved as a correct record and signed by the Chair.  

93.

Items from Members of the Public

To receive any questions, deputations or petitions submitted under Rule of Procedure 12.

 

(The deadline for public participation submissions for this meeting is 27 February 2020)

Minutes:

93.1           There were no items from members of the public. 

94.

Executive Committee Forward Plans pdf icon PDF 286 KB

To consider the Committee’s current Forward Plan and the Forward Plan for 2020/21.  

Subject To Call In:: No - Item to Note.

Additional documents:

Decision:

That the Committee’s Forward Plans for the remainder of 2019/20 and 2020/21 be NOTED.  

Minutes:

94.1          Attention was drawn to the Committee’s current Forward Plan and the Forward Plan for 2020/21, circulated at Pages No. 10-17. Members were asked to consider the Plan.

94.2          A Member questioned when the Spring Gardens Regeneration Project would be coming forward. In response, the Head of Finance and Asset Management explained that the socio-economic report on the options had recently been received and was being considered by Officers - this would be fed back to the Spring Gardens and Oldbury Road Member Reference Panel in the first instance. In addition, the information from the Parking Strategy Review Working Group would need to be considered as part of the Spring Gardens Regeneration Project. He undertook to organise a date for the Panel meeting in due course.

94.3          Another Member referred to the grants update which would be received by the Executive Committee at its meeting in August and questioned how far forward the Deputy Chief Executive had moved the Wormington Village Hall grant discussions. In response, he explained that he needed to gain further background information from the local Members and would then be able to speak to the parties involved.

94.4          Accordingly, it was

95.

Grounds Maintenance Working Group Progress pdf icon PDF 316 KB

That the recommendations set out in Paragraph 3 of the report be approved and that future monitoring of grounds maintenance be undertaken by the Depot Services Working Group

Subject To Call In:: No - Procedural Matter.

Additional documents:

Decision:

That the recommendations set out in Paragraph 3 of the report be APPROVED and that future monitoring of grounds maintenance be undertaken by the Depot Services Working Group

Minutes:

95.1          The report of the Head of Community Services, circulated at Pages No. 18-26, provided an update following the meeting of the Overview and Scrutiny Committee held on 11 February and asked the Executive Committee to approve a number of recommendations with regard to grounds maintenance, as set out at Paragraph 3 of the report, including that the future monitoring of grounds maintenance be undertaken by the Depot Services Working Group. 

95.2          Members were advised that significant progress had been made by the Grounds Maintenance Working Group since its inception and that had resulted in a number of recommendations for improvements to the service. The Overview and Scrutiny Committee had considered that, whilst there was a continuing role for Members to play in terms of monitoring grounds maintenance, that should be subsumed within the work of the Depot Services Working Group which had the wider remit to look at the Ubico contract more generally. As part of its work, the Grounds Maintenance Working Group had considered a report into grounds maintenance and street cleansing which had been carried out by external consultancy WYG; that report had found that grounds maintenance for Tewkesbury was just about satisfactory - but that grass was unkept in places and weed growth seemed to be an issue - it also found that Ubico was providing good value but that, if greater quality was required, the Council should consider investing more into the service in respect of money to fund additional labour resources in addition to the good internal service review and improvement plan already being put into place.

95.3          During the discussion which ensued, the Head of Community Services confirmed that the recommendation would mean the Grounds Maintenance Working Group would be disbanded. In terms of the reporting process of the Depot Services Working Group, this would be provided to the Overview and Scrutiny Committee. Referring to recommendation 4, which referenced the extension of the pilot to reduce the number of cuts on highways land, a Member was pleased this would be discussed with Ward Members and Parish Councillors. In response, the Head of Community Services advised that the initial trial had been on a small piece of land in Winchcombe and the grass had not got too high there; however, it was acknowledged that the rate of growth could vary in different areas with changing weather conditions which was the reason for the decision to monitor other areas before making a final decision on the number of cuts. Referring to recommendation 3, which suggested that no wildflower planting would be done until the Grange Field site had been planted, a Member asked for further clarification as this seemed to suggest that no wildflower planting would take place this year. In response, the Head of Community Services explained that wildflower planting was initially expensive and not very attractive so the Working Group had decided it would be better to show residents how it could look in all its glory to enable them to see the  ...  view the full minutes text for item 95.

Action By: DCE

96.

One Legal Shared Service Development pdf icon PDF 245 KB

To consider entering into an agreement and consequential arrangements to expand the One Legal Partnership.  

Subject To Call In:: No - Decision taken as urgent as defined in Scrutiny Rule of Procedure 15.1 due to the fact that there would be insufficient time for the completion of the call-in process before the implementation of the decision.

Decision:

That the One Legal Shared Service arrangement with Cheltenham Borough Council and Gloucester City Council be continued subject to the approval of a business case (including the financial case) by the Chief Executive in consultation with the Lead Member for Corporate Governance:

1.      to approve the joining of Stroud District Council’s legal service function with One Legal;

2.      to accept the delegation of Stroud District Council’s legal service functions in accordance with Section 101 of the Local Government Act 1972 and under Part 1A Chapter 2 Section 9EA of the Local Government Act 2000;

3.      to accept the transfer of Stroud District Council staff under the principles of the Transfer of Undertakings (Protection of Employment) Regulations 2006 on 1 April 2020, or such other date as is agreed; and

4.      to delegate authority to the Chief Executive, in consultation with the Lead Member for Corporate Governance, to enter into a Section 101 Agreement, other legal documentation and to take all necessary steps to implement 1-3 above.

Minutes:

96.1          The report of the Borough Solicitor, circulated at Pages No. 27-31, asked the Executive Committee to support the views of the Joint Monitoring and Liaison Group and to respond to the commitment made by Stroud District Council in recommending that, subject to the approval of the business case by the Chief Executive, the expansion of the One Legal partnership as proposed be agreed.

96.2          The Borough Solicitor explained that the One Legal service had commenced in 2009 between Cheltenham and Tewkesbury Borough Councils with Gloucester City Council joining in 2015. The opportunity had arisen for Stroud District Council to join One Legal and it was felt this was something that should not be missed. The new agreement would be for a 10-year period with a break clause after five years. Stroud District Council had already resolved to join One Legal, subject to the approval of a detailed business case, and that should be completed within the next few days - it was noted that the expansion of the partnership was not based on savings but more on resilience of the services and better opportunities for staff. The recent meeting of the Joint Monitoring and Liaison Group had welcomed the proposal which would continue to be hosted by Tewkesbury Borough Council. The Borough Solicitor explained that Stroud District Council did not have many staff but there was still a need to assess the work and decide how to distribute the budget i.e. were more posts required.

96.3          A Member expressed the view that One Legal had been a marvellous example of the way to work in partnership and was not surprised that another authority wanted to join; he questioned whether it would continue to be the case that the partnership would not actively seek out further partners and whether all staff would be located at Tewkesbury Borough Council Offices. In response, the Borough Solicitor confirmed that the partnership did want a period of consolidation but equally, if other authorities wanted to join, that would not necessarily be ruled out; the staff structure lent itself to more authorities joining which offered opportunities and the Joint Monitoring and Liaison Group had always supported growing the service. In terms of staff, their place of work was Tewkesbury Borough Council but all staff in One Legal had to provide a service to all partner offices. Currently there were four officers in Stroud who had all been there for a number of years so there were concerns about travelling to the main office; the business case included a small disturbance allowance to account for that and the staffing would have to be considered carefully and kept under review as necessary. Another Member agreed that the expansion of the partnership was a sensible idea but expressed concern about One Legal’s current situation with vacancies in its structure. In response, the Borough Solicitor advised that there was a recruitment process underway with a closing date for next week – she hoped there would be some good quality  ...  view the full minutes text for item 96.

Action By: BS

97.

Revised Safeguarding Policy pdf icon PDF 130 KB

To approve the revised Safeguarding Policy.  

Subject To Call In:: Yes - No action to be taken prior to the expiry of the call-in period.

Additional documents:

Decision:

That the revised Safeguarding Policy be ADOPTED.  

Minutes:

97.1          The report of the Head of Community Services, circulated at Pages No. 32-44, set out a revised Safeguarding Policy which the Executive Committee was asked to adopt.   

97.2          Members were advised that the current policy had been approved in 2016 and it was good practice to review it periodically in light of legislative changes or changes in working practices; this was a review to ensure the policy remained fit for purpose. In essence the policy had not changed generally but reflected changes in the safeguarding landscape and the introduction of the concept of Adverse Childhood Experiences – this was a fairly new concept in terms of the way that negative experiences in childhood affected a person in adulthood – and in respect of the fact that children and vulnerable people could be victims of online crime which was broader than simply ‘cyber bullying’ as it was referred to in the current policy.

97.3          The draft policy had been considered by the Overview and Scrutiny Committee on 11 February where a number of typographical/grammatical amendments had been made and those had now been included in the draft policy being considered by the Executive Committee. Accordingly, it was

Action By: DCE

98.

Vision 2050 Boards Update pdf icon PDF 223 KB

To update Members in respect of the progress of the Gloucestershire Vision 2050 Boards established by Leadership Gloucestershire and to confirm the Council’s representation on the Boards

Subject To Call In:: No - Ongoing Matter.

Additional documents:

Decision:

1.      That the progress of the establishment of the Gloucestershire Vision 2050 Boards and the Council’s membership of, and participation in, the City Region and Rural Ambitions Boards be NOTED.  

2.      That the Council’s representatives at the City Region Board are the Leader of the Council and the Chief Executive and at the Rural Ambitions Board the Deputy Chief Executive and the Leader of the Council and that, in the event of those nominated representatives being unable to attend, they may make arrangements for an alternative representative to attend the meetings.

3.      That a seminar is held for all Members to explain the inter-relationships and impact of the new regional bodies connected with growth and infrastructure.

Minutes:

98.1          The report of the Chief Executive, circulated at Pages No. 45-58, updated Members in respect of the progress of the Gloucestershire Vision 2050 Boards established by Leadership Gloucestershire and confirmed the Council’s representation on the Boards.

98.2          The Chief Executive advised that this was an important partnership for the authority. He explained that Leadership Gloucestershire was a partnership made up of Leaders and Chief Executives of the public sector in Gloucestershire which worked on issues affecting Gloucestershire generally but was not a decision-making body. The Council’s appointed representatives to Leadership Gloucestershire were the Leader of the Council and the Chief Executive. It had held quite a few discussions in the past about Vision 2050 which was a consultation exercise across the county to get a view of what people wanted the county to look like in 2050. This had resulted in a concordat with priorities and three Boards being set up to look at growth: the Gloucestershire City Region Board would create a vision and guiding masterplan for the future development and economic success of the central area of the county; the Severn Vale Board would consider infrastructure and connectivity in the south of the county, including the potential for a third Severn Crossing and responding to growth pressures arising south of Gloucestershire; and the Rural Ambitions Board would develop and work towards a vision for a vibrant rural economy which protected, enhanced and built upon the Gloucestershire rural assets and addressed issues such as rural transport, green space provision and connectivity. Tewkesbury Borough Council was not currently included in the membership of the Severn Vale Board as its business was growth in the south of Gloucestershire and exploration of a Severn Crossing between Stroud and the Forest of Dean district. It was included in the membership of the City Region and Rural Ambitions Boards and, given the potential importance of those Boards to the future development of the Borough and their relationship to Gloucestershire, attendance at the meetings was proposed to be the Leader and Chief Executive for the City Region Board and the Leader and Deputy Chief Executive for the Rural Ambitions Board.

98.3          The City Region Board covered the areas of Cheltenham Borough, Gloucester City and Tewkesbury Borough Councils; it was important to note that the term ‘city region’ was not about creating a new city or urban area but was a government term that referred to an urban area and its surrounding rural hinterland which were linked and operated together for employment and business, infrastructure, green space and housing. Currently, the government was keen to support economic growth and success of city regions and it was recognised that the use of the term would attract more attention and support from government departments and agencies to the advantage of the area and its communities. The Rural Ambitions Board covered the rural districts of Gloucestershire but excluded Cheltenham Borough and Gloucester City; its work would focus on issues and projects which were important to the rural communities  ...  view the full minutes text for item 98.

Action By: CE

99.

Separate Business

The Chairman will move the adoption of the following resolution:

 

That under Section 100(A)(4) Local Government Act 1972, the public be excluded for the following items on the grounds that they involve the likely disclosure of exempt information as defined in Part 1 of Schedule 12A of the Act.

Minutes:

99.1           The Chair proposed, and it was

RESOLVED          That, under Section 100(A)(4) of the Local Government Act                               1972, the public be excluded from the meeting for the following                              items on the grounds that they involve the likely discussion of                                    exempt information as defined in Part 1 of Schedule 12A of the                          Act. 

100.

Separate Minutes

To approve the separate Minutes of the meeting of the Committee held on 5 February 2020.

Minutes:

100.1         The separate Minutes of the meeting held on 5 February, copies of which had been circulated, were approved as a correct record and signed by the Chair.