Meeting documents

Cabinet
Wednesday, 3rd December, 2003

BATH AND NORTH EAST SOMERSET COUNCIL

COUNCIL EXECUTIVE

3RD DECEMBER 2003

PRESENT -:

Councillor Paul Crossley - Leader

Councillor Francine Haeberling - Social Services

Councillor Sir Elgar Jenkins OBE - Transport and Highways

Councillor Jonathan Gay - Lifelong Learning

Councillor Rosemary Todd - Sustainability and the Environment

Councillor Colin Darracott - Economic Development

Councillor Malcolm Hanney - Resources

Councillor Nicole O'Flaherty - Tourism, Leisure and Culture

Councillor Vic Pritchard - Community Safety, Housing & Consumer Services

78 WELCOME AND INTRODUCTIONS

The Leader welcomed everyone to the meeting.

79 EMERGENCY EVACUATION PROCEDURE

The Chair(person) drew attention to the emergency evacuation procedure as set out on the Agenda

80 DECLARATIONS OF INTEREST

There were none.

81 TO ANNOUNCE ANY URGENT BUSINESS AGREED BY THE CHAIR(PERSON)

There was none.

The Leader announced that a Special Council Executive meeting would take place on Wednesday 10th December 2003 to consider the Keynsham Primary School Review.

82 QUESTIONS FROM PUBLIC AND COUNCILLORS

The following people had given the appropriate notice of their request to ask a question of an Executive Councillor. The text of the questions and responses is contained in a Q&A document which is attached to the minutes electronically, once finalised.

Councillor Colin Barrett asked a question regarding the low temperature of the pool at Bath Leisure Centre. Councillor O'Flaherty responded.

Councillor Roger Symonds asked a question regarding Bath's England rugby players being made freeman of the city. Councillor Crossley responded.

83 STATEMENTS, DEPUTATIONS OR PETITIONS FROM PUBLIC AND COUNCILLORS

Mr John Thackwell (Action for Pensioners) made a statement regarding item 11 - The Financial Effect of the Aquaterra Leisure Contract.

Councillor O'Flaherty stated that she would ask the lead officer to invite Mr Thackwell to give his views to the Education, Youth, Culture and Leisure Overview and Scrutiny Panel meeting on 15th December 2003 that will be considering the issue of Remedial Swimming.

84 MINUTES: WEDNESDAY 5TH NOVEMBER 2003

On a motion from Councillor Sir Elgar Jenkins, seconded by Councillor Nicole O'Flaherty, it was

RESOLVED that the minutes of the meeting held on Wednesday 5th November 2003 be confirmed as a correct record and signed by the Chair(person)

85 CONSIDERATION OF SINGLE MEMBER ITEMS NOW REQUISITIONED TO COUNCIL EXECUTIVE (Report 9).

There were no such items on this occasion.

86 REVIEW OF THE PARISH SWEEPING SCHEME (Report 10).

Councillor Todd introduced this report and explained that the review had taken some time as there had been many differences and inequalities in the scheme. It was hoped that these had been addressed but where Parishes were not satisfied, finer details could be negotiated.

Councillor Haeberling commented that she was pleased that anomalies could be furhter negotiated.

Councillor Hanney stated that it was positive that this stage had been reached with this scheme and underlined that some anomalies, especially with Zone 1 areas, had to be addressed.

On a motion from Councillor Todd, seconded by Councillor Haeberling, it was

RESOLVED to agree to implement the proposed revised Parish Sweeping Agency scheme as set out at Appendix A to the report.

87 THE FINANCIAL EFFECT OF THE AQUATERRA LEISURE CONTRACT (Report 11).

Councillor Brian Barrett asked a question regarding the fact that recommendation 2.1, stating that the contract with Aquaterra had exceeded original financial target expectations, did not sqare with paragraph 5.4 of the report. Councillor O'Flaherty responded that the recommendation referred to the table at paragraph 5.1 of the report.

Councillor O'Flaherty introduced the report and explained that the final contract was positive for the Council financially and that all leisures facilities in Bath & North East Somerset would benefit although the majority of the work would be done in Bath Leisure Centre.

Councillor Hanney commented that the process of this contract had been a learning experience and that project management processes may need to be reviewed.

Councillor Pritchard stated that financial analysis needed to be tightened as there had been too many inaccurate quotes.

Councillor Sir Elgar Jenkins agreed with the above comments and stated that he felt the process had not been handled well.

Councillor O'Flaherty addressed these points and agreed that the financial analysis of major projects must be tightened up. She assured Councillors however, that the figures shown in this report were robust.

On a motion from Councillor O'Flaherty, seconded by Councillor Hanney, it was

RESOLVED

to request Council to;

(1) Note the successful outcome of the leisure partnership contract with Aquaterra Leisure, which has exceeded original financial target expectations (see paras 5.1 & 5.2 of the report);

(2) Make a financial adjustment in 2003/04 relating to set-up costs and the first year's difference in the profile of savings achieved against the financial plan projection, as detailed in para 7.1(a) of the report;

(3) Note that the outstanding balance of the invest-to-save internal loan will not now be repaid. It will therefore not be available for future invest-to-save schemes, as detailed in para 7.1 (c) of the report;

(4) Note that an adjustment will be required to the financial plan for future years to reflect the profile of savings achieved. This will be considered within the financial plan review and reported back to the Executive and Council in February;

That the Executive;

(5) Approve a virement of £48k from Car Parking (TAWM) to Leisure; and

(6) Note that residual overspends of £163k for 2003/04 will be dealt with in accordance with normal budget management practice.

88 LEA ASSET MANAGEMENT PLAN: STATEMENT OF PRIORITIES (Report 12).

Councillor Gay introduced this report and explained that this report would be considered by the Asset Management Forum and then Council for final approval. He also stated that the school review may have some impact on this project in the future

On a motion from Councillor Gay, seconded by Councillor Haeberling, it was

RESOLVED

(1) To agree the draft version to be sent to the DfES by the deadline (19th Dec 2003); and

(2) To refer the document to Council for approval and final submission of the document to the DfES.

89 IMPLEMENTING ELECTRONIC GOVERNMENT STATEMENT 3 (Report 13).

On a motion from Councillor Crossley, seconded by Councillor Sir Elgar Jenkins, it was

RESOLVED to approve the Implementing Electronic Government Statement as part of the Council's Policy and Budget framework for recommendation to Council.

90 AFFORDABLE HOUSING SUPPLEMENTARY PLANNING GUIDANCE (Report 14).

Councillor Metcalfe referred to the Affordable Housing Supplementary Planning Guidance 2003 (Appendix 4 to the report) and asked that the Executive Member take on board two points regarding: a reference to sustainability and also the financial contribution made towards provision on an alternative site in lieu of on-site provision. Councillor Todd took these suggestions on board.

On a motion from Councillor Todd, seconded by Councillor Pritchard, it was

RESOLVED

(1) To note the public consultations which took place as set out in paragraphs 4.7 and 7.1 of the report, and agree that this information forms the basis of a statement of consultation undertaken to accompany the Supplementary Planning Guidance;

(2) To approve the recommended responses to comments made during public consultation exercise as set out in Annex 1 to the report to accompany the Supplementary Planning Guidance;

(3) To approve and adopt the Affordable Housing Supplementary Planning Guidance as amended and set out in Annex 4 to the report for use for development control purposes supplementing the following Plans:

(a) The Joint Replacement Structure Plan adopted 2002;

(b) The Bath & North East Somerset Local Plan including minerals & waste policies Revised Deposit Draft 2003;

(c) The Bath Local Plan adopted 1997;

(d) The Wansdyke Local Plan Deposit Draft as amended 2000; and

(e) The Keynsham & Chew Valley Local Plan adopted 1992;

(4) To agree that the Head of Planning Services, in consultation with the Executive Member for Sustainability and the Environment, be delegated to agree further minor textual amendments to the Affordable Housing Supplementary Planning Guidance.

91 CLIMBIE INQUIRY REPORT IMPROVEMENT PLAN - REPORT ON PROGRESS (Report 15).

Councillor Haeberling introduced the report and stated that she was pleased with the progress in this area.

On a motion from Councillor Haeberling, seconded by Councillor O'Flaherty, it was

RESOLVED

(1) To note the progress and instruct the Director of Social Services to ensure that this progress is sustained; and

(2) That all Councillors continue to note their role and responsibilities for safeguarding children within the context of their general responsibilities as corporate parents.

92 COUNCIL TAX ISSUES ARISING FROM THE LOCAL GOVERNMENT ACT 2003 (Report 16).

Councillor Brian Barrett asked a question on recommendation 2.1 regarding the discount on Council Tax on second homes being reduced. Councillor Hanney explained that this discount of 10% was prescribed by the Government.

On a motion from Councillor Hanney, seconded by Councillor Darracott, it was

RESOLVED that the Council Executive has considered its view concerning the application of the Local Government Act relating to Council Tax, and recommends that Council;

(1) Reduces the discount on Council Tax on second homes from 50% to 10% from 1 April 2004;

(2) Uses the proceeds of that change to support the provision of specific areas identified in the Corporate Plan, particularly and specifically, increasing the availability of affordable Housing;

(3) Recommends the removal of the empty properties discount from 2004/05. This would reduce the discount of 50% to zero from 1 April 2004; and

(4) Does not introduce any specific local discounts on Council Tax at this time. [However, consideration of a Policy for selective discounts in exceptional circumstances is something that the Council may wish to consider at a later date.]

93 COUNCIL REVENUE BUDGET MONITORING 2003/04 (Report 17).

On a motion from Councillor Hanney, seconded by Councillor Darracott, it was

RESOLVED

(1) To note the expenditure and income position for the Council in the financial year to the end of September, and the year end projections detailed in Appendix 1 of the report;

(2) To note that management actions have substantially reduced the overspending this year, and support the actions being taken to reduce this further; and

(3) To approve the virements listed in Appendix 2 of the report.

94 HR IMPROVEMENT PROJECT TO DEVELOP AN HR STRATEGY (Report 18).

Councillor Hanney introduced the report and stated that the development of this strategy has shown good working together across the Council.

Councillor Darracott agreed that this project had been handled very well and was a model for the management of such projects.

On a motion from Councillor Hanney, seconded by Councillor Darracott, it was

RESOLVED

(1) To endorse the findings of the project report;

(2) To approve the Improvement Action Plan; and

(3) To agree that regular update reports on progress are received by the Executive Member for Resources on a quarterly basis.

95 4 MONTHLY PERFORMANCE REPORTS (Report 19).

On a motion from Councillor Crossley, seconded by Councillor Sir Elgar Jenkins, it was

RESOLVED to note the report.

96 TRANSPORT 4 MONTHLY PERFORMANCE REPORT (Report 20).

On a motion from Councillor Crossley, seconded by Councillor Sir Elgar Jenkins, it was

RESOLVED to note the report.

97 RESOURCES 4 MONTHLY PERFORMANCE REPORT (Report 21).

On a motion from Councillor Crossley, seconded by Councillor Sir Elgar Jenkins, it was

RESOLVED to note the report.

98 EDUCATION 4 MONTHLY PERFORMANCE REPORT (Report 22).

On a motion from Councillor Crossley, seconded by Councillor Sir Elgar Jenkins, it was

RESOLVED to note the report.

99 HOUSING & SUPPORTED LIVING 4 MONTHLY PERFORMANCE REPORT (Report 23).

On a motion from Councillor Crossley, seconded by Councillor Sir Elgar Jenkins, it was

RESOLVED to note the report.

The meeting ended at 6.45pm

Chair(person)

Date Confirmed and Signed

Prepared by Democratic Services