Meeting documents

59 WELCOME AND INTRODUCTIONS

The Chair welcomed everyone to the meeting.

60 EMERGENCY EVACUATION PROCEDURE

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

61 DECLARATIONS OF INTEREST

Councillors Paul Crossley, Sir Elgar Jenkins, Colin Darracott and Nicole O'Flaherty each declared a personal and prejudicial interest in item 11 as Charter Trustees, and withdrew from the meeting for the discussion and vote on this item.

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

There were no items or urgent business.

63 QUESTIONS FROM PUBLIC AND COUNCILLORS

There were no questions from the public or Councillors for which due notice had been given.

64 STATEMENTS, DEPUTATIONS OR PETITIONS FROM PUBLIC AND COUNCILLORS

Mr R Brake made a statement in opposition to the possible siting of St John's School on the playing fields at Lansdown. He also made reference to a petition of 155 signatures from residents living in the vicinity on this subject, which had been presented to the Bath South Local Committee the previous evening.

The statement was referred to the Executive Member for Life Long Learning. [A copy of the petition has been placed on the Minute Book.]

65 MINUTES: WEDNESDAY 1ST SEPTEMBER 2004

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

RESOLVED that the minutes of the meeting held on Wednesday 1st September 2004 be confirmed as a correct record and signed by the Chair(person).

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

There was one such item on this occasion - minute number 68 below refers. This report was originally placed on the Weekly list of proposed single Member decisions on 3^rd September 2004 for decision by Councillor Darracott. Councillor Darracott declined to make the decision and referred the item to the Council Executive for consideration and decision (Executive Procedure rule 21, Part 4D of the Constitution)

67 CONSIDERATION OF MATTERS REFERRED BY OVERVIEW AND SCRUTINY BODIES (Report 10).

There were no such items on this occasion.

68 CHARTER TRUSTEES - PAYMENT OF ACCOMMODATION COSTS (Report 11).

Councillor Francine Haeberling introduced this report.

Rationale for the Decision and Other Options considered

The matter has been an issue for some time that needed to be resolved. It could have been settled via the process for dispute resolution set out in the Statutory Instrument but this would have been both time consuming and expensive, and the outcome for either party could not have been predicted. This resolution will bring final closure.

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

RESOLVED that Option E, set out in Appendix 1 of the report, be adopted whereby the Charter Trustees pay a licence fee of £12,900 per annum with effect from 1^st April 2004.

69 LIBRARIES POSITION STATEMENT FOR SUBMISSION TO DEPARTMENT OF CULTURE, MEDIA AND SPORT (Report 12).

Councillor Nicole O'Flaherty introduced this report and highlighted some of the positive initiatives contained within it.

Various Executive Members endorsed the work of the Library Service and its position as a valuable community resource, and hoped that adequate resourcing would be allocated in the budget setting process.

Rationale for the Decision

Submission of the Position Statement is a mandatory requirement placed on all library authorities in England and Wales by the Department for Culture, Media and Sport.

On a motion from Councillor Nicole O'Flaherty, seconded by Councillor Colin Darracott, it was

RESOLVED to endorse the Position Statement, as a Policy and Budget Framework item, for recommendation to Council to approve for submission to DCMS.

70 EQUALITY COMMITMENT & EQUAL OPPORTUNITIES POLICY (Report 13).

Councillor Francine Haeberling introduced the Commitment and Policy which replaces a range of existing and draft policies currently in existence and takes into account new legislation.

Councillor Nicole O'Flaherty added her support and requested that consideration be given to adding a section to cover the expectations of, and support to, Members. Councillor Francine Haeberling agreed to address this within the Policy when it is submitted to Council.

Rationale for the Decision

This Policy and Commitment brings the Council in line with level one of the Equality Standard for Local Government and current legislation, and supports its employees and Members in understanding their responsiblities around equalities issues. It offers a clear and central point of information and explanation.

On a motion from Councillor Francine Haeberling, seconded by Councillor Paul Crossley, it was

RESOLVED

(1) To endorse the corporate Equality Commitment and Equal Opportunities Policy and recommend it to Council for adoption;

(2) To delegate to the Director of Social and Housing Services, in consultation with the Executive Member for Social Services, authority to make any necessary minor amendments to the Policy and Commitment before it is presented to Council; and

(3) To request all Elected Members to participate in training on equalities issues.

71 IMPLICATIONS FOR LOCAL AUTHORITIES ARISING FROM THE AUDIT COMMISSION REPORT "YOUTH JUSTICE 2004" (Report 14).

Councillor Vic Pritchard outlined the positive Youth Justice Team response to the fight against crime.

Rationale for the Decision

The Council is not required to request this progress report, but it is considered good practice to review the Audit Commission's recommendations in this way.

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

RESOLVED to note the implications for Local Authorities arising from the Audit Commission report `Youth Justice 2004', and the actions being taken in respect of 5 specific recommendations.

72 REVISION OF ELIGIBILITY CRITERIA FOR ADULT CARE SERVICES (FAIR ACCESS TO CARE SERVICES) (Report 15).

David Yeodal from Action for Pensioners made a statement that this was a cut too far for elderly people and asking that consideration of this report to be deferred for a month to allow further consultation.

Councillor Francine Haeberling introduced this report and referred to the Supplementary Information report that had been circulated containing responses to the issues raised by the Health and Social Services Overview & Scrutiny Panel at its meeting on 1^st October 2004. Councillor Haeberling explained that this report had been out for full consultation in June. This move would bring the Council in line with other neighbouring Authorities and would re-focus support and care to those who are most vulnerable.

Rationale for the Decision

The current level of service provision was agreed after consultation with a range of client representative organisations, professionals and independent sector providers. It was widely welcomed as providing a fair framework which recognised the need for preventative provision. Unfortunately, the service pressures mean that current levels of provision are unsustainable, and that the Council must concentrate its resources on those most in need.

On a motion from Councillor Francine Haeberling, seconded by Councillor Paul Crossley, it was

RESOLVED

(1) To note the Supplementary Information report produced following the Health & Social Services Overview & Scrutiny Panel on 1^st October 2004;

(2) That the threshold for eligibility to adult care services should be drawn under the `substantial' band; and

(3) That the new threshold take effect from November 1^st 2004 for all people newly assessed. Existing recipients who are eligible for services under the `moderate' band will have their needs re-assessed before any decision is taken to change or stop services.

73 CULTURE & LEISURE 4 MONTHLY PERFORMANCE REPORT (Report 16).

On a motion from Councillor Nicole O'Flaherty, seconded by Councillor Rosemary Todd, it was

RESOLVED

(1) To note the performance of Culture & Leisure Services for the period and the issues arising, as detailed in the report.

74 EXCLUSION OF THE PUBLIC

On a motion from Councillor Paul Crossley, seconded by Councillor Rosemary Todd, it was

RESOLVED that, in accordance with the provisions of Section 100 (A) (4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business because of the likely disclosure of exempt information as defined in paragraph 12 of Part 1 of Schedule 12A of the Act.

75 THE COUNCIL'S RESPONSE TO THE RECEIPT OF A BLIGHT NOTICE IN RESPECT OF LAND AT STATION ROAD, LOWER WESTON, BATH (Report 18).

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

RESOLVED that the Council Executive agreed a response to the Blight Notice for land at Station Road, Lower Weston, Bath, and authorised officers to deal with the notice accordingly.

76 BATH RETAIL DEVELOPMENT ISSUES (Report 19).

This item was withdrawn from the agenda.