Agenda and minutes

Councillors Ashraf MBE, P Davies and K Macnaughton submitted their apologies.

To approve as a correct record the Minutes of the previous Council meeting.

The minutes of the Council meeting held on 9 July 2019 were presented.

  RESOLVED

That the minutes of the Council meeting held on 9 July 2019 were approved as a correct record.

To receive declarations of interest from Members in accordance with the Code of Conduct (Members are directed to the guidance sheet attached)

Councillor Mackiewicz made a declaration of interest as a Director of AMPA Associates Ltd who provided contracts procured by Solihull Council.

Councillor Adeyemo made a declaration of interest, on the basis he worked for a company that provided insurance in regards to the HS2 project.

To receive petitions from Members of the Council.

The petitions were submitted:

·  Councillor Sleigh submitted a petition on behalf of residents of Marston Green, requesting the Council to improve the drainage and surface of Malt House Row.

·  Councillor Ryan submitted a petition on behalf of residents of Hall Drive and Land Lane, Marston Green, requesting that the Council prevent the parking of vehicles, to enable access to their driveways, garages and to keep pavements clear.

·  Councillor McCarthy submitted a petition, which expressed concerns about local cut through roads within Solihull becoming increasingly used as racetracks and general speed zones, especially in regards to the impact upon domesticated animals and wildlife.

·  Councillor Slater submitted a petition on behalf of local residents, asking the Council to take action on the Silver Birch Tree located in Elmdon Park, adjacent to Victor Road.

·  Councillor Tildesley submitted a petition on behalf of local residents, calling on the Council to provide restricted parking in Woodside Way, between 9.00am – 11.00am and 2.00pm – 3.00pm, Monday to Friday.

·  Councillor Williams submitted a petition on behalf of pupils of Bishop Wilson School, calling for action to be undertaken to address the issue of dog mess around the perimeter of their School.

·  Councillor Brain submitted a petition on behalf of residents of Oriel House, Black Cat Road, who were raising concerns regarding repairs and anti-social behaviour.

To receive any announcements from the Mayor, Leader of the Council or Members of the Cabinet.

The Mayor made the following announcements:

Illuminated Address

The Mayor presented Councillor Nash with an illuminated address, in recognition of her time in office as Mayor.

Sparkle Up Day

The Mayor highlighted the Council’s recent Sparkle up day. He also invited  Members to sign a pledge card, whereby they were making a commitment as a corporate parent to support young people in care.

Corporate Parenting Briefing

The Mayor reminded Council there was a briefing on 17^th October on the Council’s and individual Councillor’s responsibilities in respect of Corporate Parenting and supporting Looked After Children.

To answer questions asked by residents of the Borough under Standing Order 9 and to hear petitioners or deputations in accordance with Standing Order 12.

No questions or deputations were received.

The purpose of this report is to receive the Annual reports from the Independent Chairmen of the Solihull Local Safeguarding Children Board and Safeguarding Adults Board.

Council received the Annual reports from the Independent Chairmen of the Solihull Local Safeguarding Children Board and Safeguarding Adults Board. The Independent Chairmen also responded to the points and queries raised by Councillors.

To answer questions asked under Standing Order 8 by Councillors (30 Minutes)

Councillor Rebeiro to Councillor Hawkins Cabinet Member for Environment and Highways

‘Since he was appointed to this portfolio, will the Cabinet Member please outline the progress he is making with the Borough car parking strategy for Council car parks, including from the impact of new housing proposals in the rural Wards of the Borough and will he explain any decisions he has already taken to align with the emerging car parking strategy.’

The Cabinet Member responded with the following points:

·  The Council continued to review the position and evidence in preparation for a new Parking Strategy.

·  The Council had looked at the capacity of off-street and on-street parking, based on the original Draft Local Plan sites, and considered the impact of the draft proposed allocations in the rural wards of the Borough. The latest round of work to support a new parking strategy was focussed on Solihull town centre.

·  Once further work had been done there would be an opportunity for draft proposals to be scrutinised. It was noted this matter was last scrutinised in January 2017.

Councillor Buxton-Sait to Councillor Hawkins Cabinet Portfolio Holder for Environment and Highways

‘Many residents have reported problems with overgrown vegetation on council land on a scale not experienced before. The council seems to be struggling to keep on top of vegetation maintenance.  Can the cabinet portfolio holder update council as to what has happened this year and how this problem is being tackled moving forward?’

The Cabinet Member responded with the following points:

·  It was recognised there had been a wet summer this year. In July there was a 36% increase in customer contacts compared to July 2018. However, it is worth noting that contacts in July 2019 were 11% lower than the amount of contact received in July 2017.

·  The Council was investing £300,000 from windfall monies  over the next three years, in order to react more quickly to this type of growth in future.

Councillor Buxton-Sait highlighted the complaints profile for street care, with vegetation maintenance forming a big part of this with a spike in the summer. She queried what the Council would be doing differently, to ensure this didn’t happen again next summer. 

The Cabinet Member responded as follows:

·  As part of the winter service this year, the Council would be undertaking a ‘hard prune’ as part of a five year cycle. Here all the hedgerows and shrubs would be subject to a severe cut.

·  The Cabinet Member emphasised this should help address the issue of overhanging vegetation. However, he still encouraged Councillors and residents to report incidents of this online to the Council.

Councillor Thomas to Councillor Hawkins Cabinet Member for Environment and Highways

Councillor Thomas explained her original question had been answered, as part of the Cabinet Member’s response to Councillor Buxton-Sait. As a supplementary question, Councillor Thomas queried whether it would be possible to employ students over the summer to help address the overgrown vegetation. The Cabinet Member agreed this was a credible suggestion; however he  ...  view the full minutes text for item 8.

To deal with any Topic of Debate submitted.

No topic of debate was submitted.

To receive the following motion:

Cllr Mackiewicz

The Council wishes to make the following statement of intent to protect the environment.

“Solihull Metropolitan Borough Council recognises the gravity of the climate change emergency and will through its Climate Change Prospectus seek to minimise the environmental impacts of its own activities and will contribute to the improvement of the wider environment through local action.

There is an increasing recognition that the problems of climate change, air pollution and reduction of species & biodiversity need to be treated together.  Few any longer dispute the existence of the actual problem of climate change. However, the solution requires a recognition that action on many fronts is needed by government, business and individuals, across the globe.  We will work with nature, rather than against it, to ensure continued economic success of Solihull in the interests of all its people.

We will work with residents and our partners to navigate a best route to protect the environment.  There needs to be a just transition for our residents and for business, taking them with us, so as to protect employment and avoid adverse effects on our people, our economy and our communities.”

The above will be signed by Leader of Council and Chief Executive and for it to be posted on the Council website.

To implement the above statement of intent the Council will:-

1.  Use every effective means to raise awareness, with the public and partners, of the issues and encourage individual action to reduce environmental impact.

2.  Take action to reduce emissions of greenhouse gases and air pollutants from our own activities, buildings, transport, resources and waste, ensuring that we continue to invest in the Borough’s natural capital, greening the borough’s economy through our local plan and investments  – aiming to become net carbon zero, as a Council, by 2030. 

3.  Solihull Council will collaborate with and support the Combined Authority in its plan for a West Midlands target of net-zero emissions by 2041, making sure we take communities with us, protect employment, and avoid adversely affecting the local economy and impoverishing deprived communities.

4.  To work with the WMCA in seeking from the UK Government the powers and resources to help deliver a just transition.

5.  Lead by example and actively encourage responsible environmental practice amongst staff, contractors, suppliers and residents, and encourage local communities to start taking action to implement local air quality and carbon dioxide (CO₂) reduction initiatives.

6.   Establish a Climate Change Commission that can make recommendations to how we can further the aims of the Climate Change Prospectus and achieve the aims of this Declaration.

7.  Engage with businesses, schools and the wider community to promote less polluting technology and modes of transport, and more energy-efficient buildings in the Borough.

8.  We will produce a robust, credible and fair Energy Framework which will drive the delivery of a low carbon borough, ensuring that local challenges and opportunities are fully understood and enabling Solihull to play  ...  view the full agenda text for item 10.

Councillor Mackiewicz proposed the following motion, seconded by Councillor Courts:

The Council wishes to make the following statement of intent to protect the environment.

“Solihull Metropolitan Borough Council recognises the gravity of the climate change emergency and will through its Climate Change Prospectus seek to minimise the environmental impacts of its own activities and will contribute to the improvement of the wider environment through local action.

There is an increasing recognition that the problems of climate change, air pollution and reduction of species & biodiversity need to be treated together.  Few any longer dispute the existence of the actual problem of climate change. However, the solution requires a recognition that action on many fronts is needed by government, business and individuals, across the globe.  We will work with nature, rather than against it, to ensure continued economic success of Solihull in the interests of all its people.

We will work with residents and our partners to navigate a best route to protect the environment.  There needs to be a just transition for our residents and for business, taking them with us, so as to protect employment and avoid adverse effects on our people, our economy and our communities.”

The above will be signed by Leader of Council and Chief Executive and for it to be posted on the Council website.

To implement the above statement of intent the Council will:-

1. Use every effective means to raise awareness, with the public and partners, of the issues and encourage individual action to reduce environmental impact.

2. Take action to reduce emissions of greenhouse gases and air pollutants from our own activities, buildings, transport, resources and waste, ensuring that we continue to invest in the Borough’s natural capital, greening the borough’s economy through our local plan and investments – aiming to become net carbon zero, as a Council, by 2030.

3.Solihull Council will collaborate with and support the Combined Authority in its plan for a West Midlands target of net-zero emissions by 2041, making sure we take communities with us, protect employment, and avoid adversely affecting the local economy and impoverishing deprived communities.

4.To work with the WMCA in seeking from the UK Government the powers and resources to help deliver a just transition.

5. Lead by example and actively encourage responsible environmental practice amongst staff, contractors, suppliers and residents, and encourage local communities to start taking action to implement local air quality and carbon dioxide (CO₂) reduction initiatives.

6.Establish a Climate Change Commission that can make recommendations to how we can further the aims of the Climate Change Prospectus and achieve the aims of this Declaration.

7.Engage with businesses, schools and the wider community to promote less polluting technology and modes of transport, and more energy-efficient buildings in the Borough.

8.We will produce a robust, credible and fair Energy Framework which will drive the delivery of a low carbon borough, ensuring that local challenges and opportunities  ...  view the full minutes text for item 10.

To receive the following recommendations from Committees:

Governance Committee 25 July 2019

8.  Minute 8 Review of Local Government Ethical Standards By Committee on Standards in Public Life (page 195)

RECOMMENDED:

That the Code of Conduct for Councillors be amended as follows:

I.  A new clause 4 be inserted, to read:

“4. I will not bully or harass any person (including specifically any council employee) and I will not intimidate or improperly influence, or attempt to intimidate or improperly influence, any person who is involved in any complaint about any alleged breach of this Code of Conduct.

(For the purposes of this Code, bullying and harassment may include offensive, intimidating, malicious or insulting behaviour; or an abuse or misuse of power in a way that intends to undermine, humiliate, criticise unfairly or injure someone.  Harassment may be characterised as unwanted conduct which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for an individual.)”

II.  Clause 5 be amended to read:

“5. I will register and disclose those interests that I am required by law to declare. I will do this by completing and submitting a signed declaration of my interests to the Monitoring Officer of the Council.  I will also disclose to the Monitoring Officer any offers of gifts or hospitality I receive. I will keep the register updated and acknowledge that its contents are open to the public to inspect”

(The full Code of Conduct with the recommended changes highlighted in red is attached as an appendix to these minutes)

Audit Committee 9 September 2019 Minute 6 2019/20 Mid – Year Treasury Management Strategy Review (page 184)

RESOLVED

Audit Committee recommended that Council approves the revised forecasts for the 2019/20 Capital Financing Requirement and Authorised Limit, which both total £416.472 million and to note the Operational Boundary and treasury activity to date.

Council received the following recommendations from Committees:

Governance Committee 25 July 2019

Minute 8 Review of Local Government Ethical Standards by Committee on Standards in Public Life

RESOLVED:

That the Code of Conduct for Councillors be amended as follows:

I. A new clause 4 be inserted, to read:

“4. I will not bully or harass any person (including specifically any council employee) and I will not intimidate or improperly influence, or attempt to intimidate or improperly influence, any person who is involved in any complaint about any alleged breach of this Code of Conduct.

(For the purposes of this Code, bullying and harassment may include offensive, intimidating, malicious or insulting behaviour; or an abuse or misuse of power in a way that intends to undermine, humiliate, criticise unfairly or injure someone.  Harassment may be characterised as unwanted conduct which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for an individual.)”

II. Clause 5 be amended to read:

“5. I will register and disclose those interests that I am required by law to declare. I will do this by completing and submitting a signed declaration of my interests to the Monitoring Officer of the Council.  I will also disclose to the Monitoring Officer any offers of gifts or hospitality I receive. I will keep the register updated and acknowledge that its contents are open to the public to inspect”

(The full Code of Conduct with the recommended changes highlighted in red was attached as an appendix to these minutes)

Audit Committee 9 September 2019 Minute 6 2019/20 Mid – Year Treasury Management Strategy Review

RESOLVED

That Council approved the revised forecasts for the 2019/20 Capital Financing Requirement and Authorised Limit, which both total £416.472 million and to note the Operational Boundary and treasury activity to date.

To receive a summary of decisions, reports from and to deal with any subsequent questions in relation to the following Cabinet Portfolios:

a) Leader of the Council Cabinet and Portfolio (Economy) Report

(pages 31-42)

b) Cabinet Member for Resources (pages 43-52)

c) Cabinet Member for Stronger and Safer Communities (pages 53-60)

d) Cabinet Member for Climate Change, Planning and Housing (pages 61-66)

e) Cabinet Member for Children Education and Skills– (pages 67-74)

f)  Cabinet Member for Environment and Highways (pages 75-86)

g) Cabinet Member for Adult Social Care and Health including Solihull Health and Wellbeing Board minutes (pages 87-100)

h)  Cabinet Member for Growth and Infrastructure (pages 101-107)

(i) Cabinet Member for Leisure Tourism and Sport (pages 109-117)

The Leader and Cabinet Members updated Council on their respective portfolios and responded to any queries raised by Councillors:

Leader of the Council Cabinet and Portfolio (Economy) Report

Cabinet Member for Resources

Cabinet Member for Stronger and Safer Communities

Cabinet Member for Climate Change, Planning and Housing

Cabinet Member for Children Education and Skills

Cabinet Member for Environment and Highways

Cabinet Member for Adult Social Care and Health including Solihull Health and Wellbeing Board minutes

Cabinet Member for Growth and Infrastructure

Cabinet Member for Leisure Tourism and Sport

To receive the Annual Scrutiny Report 2018/2019 for information.

The Chairman of the Resources and Delivering Value Scrutiny Board presented the report.

  RESOLVED

  That Council noted the Scrutiny Annual Report.

The minutes of the following Scrutiny Board are presented for information:

a)  Resources and Delivering Value (pages145-152)

b)  Health and Adult Social Care (to follow)

c)  Economic Development and Managed Growth (pages 153-164)

d)  Children’s Services, Education and Skills (pages 165-170)

e)  Stronger Communities and Neighbourhood Services (pages 171-178)

The minutes of the following Scrutiny Board were presented for information:

Resources and Delivering Value

Health and Adult Social Care

Economic Development and Managed Growth

Children’s Services, Education and Skills

Stronger Communities and Neighbourhood Services

The minutes of the following Committees are presented for information:

a)  Audit Committee (pages 179-192)

b)  Governance Committee (pages 193-200)

c)  Remuneration Committee (pages 201-205)

d)  Licensing Committee (pages 207-212)

e)  HS2 Implementation Advisory Group (pages 213-220)

The minutes of the following Committees were presented for information:

Audit Committee

Governance Committee

Remuneration Committee

Licensing Committee

HS2 Implementation Advisory Group

To receive the following report from the Chief Executive:

(i)  Outside Body Appointment  - West Midlands Combined Authority Public Service Reform Board

The Chief Executive presented a report on an outside body appointment to West Midlands Combined Authority Public Service Reform Board.

  RESOLVED

That Council appointed Councillor K Grinsell to serve on the West Midlands Combined Authority Public Service Reform Board.

The Chief Executive to report on any urgent matters.

There were no urgent matters.

To answer any remaining questions not dealt with under item 8.

There were no remaining questions.

That, pursuance of Section 100A (4) of the Local Government Act 1972, the press and public be now excluded from the meeting for the remainder of the business to be transacted, on the grounds that there would be disclosure to them of exempt information in terms of paragraph 3 of Part 9 of Schedule 12A to the said Act.

That, in pursuance of Section 100A (4) of the Local Government Act 1972, the press and public be now excluded from the meeting for the remainder of the business to be transacted, on the grounds that there would be disclosure to them of exempt information in terms of Schedule 12A to the said Act.

To receive for information the following sets of minutes:

a)  Appeals Committee (page 223)

b)  Resources and Delivering Value Scrutiny Board (page 225)

c)  Audit Committee Minutes (pages 227-230)

The following private minutes were presented for information:

Appeals Committee

Resources and Delivering Value Scrutiny Board

Audit Committee