Meeting documents

Cabinet
Wednesday, 5th November, 2003

BATH AND NORTH EAST SOMERSET DISTRICT COUNCIL

COUNCIL EXECUTIVE

5^TH NOVEMBER 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 Malcolm Hanney - Resources

Councillor Nicole O'Flaherty - Tourism, Leisure and Culture

Councillor Vic Pritchard - Community Safety, Housing & Consumer Services

for absence; Councillor Colin Darracott
WELCOME AND INTRODUCTIONS

The Leader welcomed everyone to the meeting.

EMERGENCY EVACUATION PROCEDURE

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

DECLARATIONS OF INTEREST

Councillor Hanney declared a personal, non-prejudicial interest in item 10, as Chair of the Primary Care Trust.

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

There were no items of urgent business.

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 Shirley Steel read a question submitted by Councillor Colin Barrett regarding the arrangements for consultation carried out by the Leisure Centre operator. Councillor O'Flaherty responded.

Councillor Shirley Steel asked a question regarding Midsomer Norton Jobcentre. Councillor Crossley responded, on behalf of Councillor Darracott.

Councillor Bryan Organ had submitted a question, but was not present, so it was agreed the response would be sent to him.

Councillor Crossley then permitted 2 question from Councillor Betty Perry, for which the appropriate notice had not been given. The first concerned changes to the swimming programme at Bath Leisure Centre, to which Councillor O'Flaherty responded. The second question related to the provision of litter bins in Midsomer Norton High Street. Councillor Todd agreed to provide Councillor Perry with a written response.

STATEMENTS, DEPUTATIONS OR PETITIONS FROM PUBLIC AND COUNCILLORS

There were none.

MINUTES: WEDNESDAY 1ST OCTOBER 2003

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

RESOLVED that the minutes of the meeting held on Wednesday 1st October 2003 be confirmed as a correct record and signed by the Chair(person).

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

There were no such items on this occasion.

A COMMUNITY STRATEGY FOR BATH & NORTH EAST SOMERSET (REPORT 10).

Councillor Crossley thanked the officers for their work in producing this Strategy and commended the imaginative use of the `BE' campaign.

Councillor Todd welcomed the new shared theme `Be Distinctive', which recognised the unique nature of this area.

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

RESOLVED to recommend to Council

(1) That it adopt the Appendix to this report as the Community Strategy for Bath & North East Somerset, to inform the Council's future plans and strategies, subject to consideration of any views expressed by the Local Strategic Partnership at its meeting on 11 November;

(2) That it delegate to officers, working with partner agencies and in consultation with the Council Leader as appropriate, the making of textual amendments as may be necessary during the course of document design and preparation for publication, and in order to achieve the Crystal Mark standard;

(3) That it resolves to place on record its thanks to the partners and other stakeholders who have played a key role in developing the strategy

The Executive further requests officers to

(4) Prepare future reports which provide updates on the monitoring and review of the strategy, and on the work of the Local Strategic Partnership.

DRAFT CORPORATE PLAN 2003 - 2007 (REPORT 11).

Councillor Hanney introduced this report and thanked the key players for their hard work in drawing this document together. He stressed the need to create a framework for future planning that would demonstrate the focus on key priorities. This would shape the development of the Service and Resource Plans, over the next few months.

Councillor O'Flaherty commended Councillors Hanney and Darracott for working extremely hard in producing this Plan, which she believed did reflect the community's priorities.

Councillor Sir Elgar Jenkins praised the good cross-party working that had taken place in the production of the Plan.

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

RESOLVED

(1) To recommend to full Council the draft Corporate Plan framework document 2003 - 2007 for adoption as a new Policy & Budget Framework item;

(2) To authorise the Chief Executive, in consultation with the Executive Member (Resources) and the Executive Member (Economic Development), to make presentational improvements to the draft Corporate Plan framework document prior to submission to the Council.

2003/2004 CAPITAL MONITORING REPORT - 2ND QUARTER (REPORT 12).

Terry Reakes asked a question regarding the Elderly Persons Homes Replacement budget. Councillor Haeberling agreed to make an answer available to Mr Reakes.

Terry Reakes then asked a question regarding the risk reserve for the Spa project. Councillor Hanney responded and referred to the full summary of the outcome of the meeting (Council Executive 3^rd September 2003) at which this had been discussed.

Councillor Perry offered her view that too much of the discussion regardng the Spa project took place in exempt session. Councillor Hanney responded that certain elements of the discussion were necessarily and properly exempt, for legal and/or contractual reasons.

Councillor O'Flaherty reminded the meeting of the confidential briefing that had taken place for all Members of the Council on the Spa project.

Councillor Perry requested a copy of the original agreement that the Council signed for the Spa project. Councillor Crossley offered to try and make this available to Councillor Perry.

Councillor Chris Cray asked a question about the drawdown against the reserves; Councillor Hanney referred Councillor Cray to his previous comments.

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

RESOLVED

(1) To note the current position of the 2003/2004 capital programme;

(2) To approve the adjustments to and incorporation of additional funding to the 2003/2004 programme, as detailed in paragraph 4.1 of the report; and

(3) To note the current position of available resources.

AVON & SOMERSET MAGISTRATES COURTS/PROBATION SERVICE PFI PROJECT (REPORT 13).

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

RESOLVED

(1) To note the relatively small financial implications arising from the scheme if a transfer to the MCC is delayed. The maximum potential exposure could be up to £92,000 a year in the latter years of the 25 year contract. But this cost should be funded over the period of the contract from revenue support grant PFI credits (as set ou in paragraph 3.4 of the report); and

(2) To confirm the support of Bath & North East Somerset Council to the Avon and Somerset Magistrates Courts/Probation Service PFI Project.

RESPONSE TO GREEN PAPER: EVERY CHILD MATTERS (REPORT 14).

Councillor Haeberling introduced this report and outlined some of the thinking behind the response that had been drawn up.

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

RESOLVED

(1) That the Council Executive's response to the Green Paper is as set out below;

"Bath & North East Somerset Council Executive welcomes the main thrust of the proposals in the Green Paper and the opportunity to raise the profile of children's services. More integrated and holistic services, as set out in the broad vision, can only be welcomed.

There are some areas of concern;

1. The Council Executive would not wish to see the enforced structural change. Experience has shown that this can put service delivery at serious risk. The Council Executive also notes that the Government's own Chief Inspector of Social Services cautions against structural change in her 2003 Annual Report;

2. The Council Executive would want to see some evidence of improved outcomes for all children from those Councils who have already joined Children's Social Services and Education. This does not appear to be forthcoming.

3. The vision described in the Green Paper rightly widens the net to cover a range of children not currently receiving a service. This is welcomed. However, Children's Social Services have been seriously under-funded for a number of years. There is serious concern if the net is widened without commensurate resources."

(2) to delegate to the Director of Social & Housing Services, in consultation with the Council Leader and Executive Members for Social Services and Education, to finalise the Council's response after consideration of the comments of the relevant Overview & Scrutiny Panels; and

(3) that the views of DAFBY (Democratic Action for B&NES Youth), on the implications of the Green Paper, be sought.

2002-2003 CUSTOMER COMPLAINTS REPORT (REPORT 15).

Councillor Crossley introduced this report and explained that it was important to learn from complaints to feed into improvements in service delivery.

Councillor Jonathan Gay asked whether making the Council's complaints procedures more accessible could lead to the number of complaints rising. The Chief Executive responded that evidence did indeed show that Council's with very good complaints procedures generally handled more complaints.

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