Meeting documents
Cabinet
Wednesday, 20th June, 2007
BATH AND NORTH EAST SOMERSET COUNCIL
CABINET
Wednesday 20th June 2007
PRESENT -:
Councillor Francine Haeberling - Leader of the Council
Councillor Vic Pritchard - Adult Social services and Housing
Councillor David Hawkins - Development and Major Projects
Councillor Charles Gerrish - Customer Services
Councillor Chris Watt - Children's Services
1 WELCOME AND INTRODUCTIONS
The Chair was taken by Councillor Francine Haeberling, Leader of the Council.
The Chair welcomed everyone to the meeting.
2 EMERGENCY EVACUATION PROCEDURE
The Chair drew attention to the emergency evacuation procedure as set out on the Agenda
3 APOLOGIES FOR ABSENCE
Apologies had been received from Councillor Malcolm Hanney.
4 DECLARATIONS OF INTEREST UNDER THE LOCAL GOVERNMENT ACT 1972
There were none.
5 TO ANNOUNCE ANY URGENT BUSINESS AGREED BY THE CHAIR(PERSON)
There was none.
6 QUESTIONS FROM PUBLIC AND COUNCILLORS
There were 26 questions from the following people: Mik Phelps, Councillor Nathan Hartley, Councillor Paul Crossley (5), Councillor Roger Symonds (9), Councillor Caroline Roberts (3), Councillor Ian Gilchrist, Councillor Nicholas Coombes (2), Councillor Andy Furse, Cllr Will Sandry, Cllr Cherry Beath (2)
The Chair expressed her concern that so many questions had been submitted on this occasion and suggested that factual responses might be received sooner if questions were to be directed to the responsible officer or to the Cabinet member, without waiting for the next Cabinet meeting.
[Copies of the questions and responses, including supplementary questions and responses if any, have been placed on the Minute book as Appendix 1 and are available on the Council's website.]
7 STATEMENTS, DEPUTATIONS OR PETITIONS FROM PUBLIC AND COUNCILLORS
Raymond Friel, Headteacher of St Gregory's Catholic College (Voluntary Aided), made a statement (a copy of which is attached to the Minutes as Appendix 2) in which he appealed to the Cabinet to reconsider at the earliest opportunity the earlier decision of the Council Executive to introduce charges for denominational transport.
Dr Philip Rogers, Chair of the Catholic Transport Action Group, made a statement (a copy of which is attached to the Minutes as Appendix 3) presented a 1000-signature petition to the Cabinet and made a statement in which he appealed to the Cabinet to reconsider at the earliest opportunity the earlier decision of the Council Executive to introduce charges for denominational transport.
Simon Gane, Chair of Governors of St Gregory's Catholic College, made a statement (a copy of which is attached to the Minutes as Appendix 4) in which he appealed to the Cabinet to reconsider at the earliest opportunity the earlier decision of the Council Executive to introduce charges for denominational transport.
The Chair referred the petition and statements to the Cabinet member for Children's Services, for his consideration. He agreed to respond once he had considered the materials.
8 CONSIDERATION OF SINGLE MEMBER ITEMS NOW REQUISITIONED TO COUNCIL EXECUTIVE
There were none.
9 CONSIDERATION OF MATTERS REFERRED BY OVERVIEW AND SCRUTINY BODIES
There were none.
10 COUNCIL PERFORMANCE REPORT FOR JANUARY TO APRIL 07 (Report 10).
Councillor Francine Haeberling, in proposing the item, said how pleased she was that the report showed that the authority had again earned 3* status and was designated an improving council. She gave credit to the outgoing joint administration for this position. The Council had achieved 64% of its targets (up 8%).
Councillor Vic Pritchard seconded the proposal and said that he was delighted to note that parts of his own portfolio had received 4* status. He paid tribute to the commitment of officers in achieving this.
Rationale
This report is a key part of the Council's performance management framework.
Other Options Considered
None.
On a motion from Councillor Francine Haeberling, seconded by Councillor Vic Pritchard, it was
RESOLVED (unanimously)
(1) To note the contents of this final report for 06/07 performance and to consider in light of the corrective actions identified whether additional actions are required to improve performance in 07/08.
11 REVENUE AND CAPITAL OUTTURN 2006/07 (Report 11).
Councillor Francine Haeberling, in proposing the item, said that the report showed that the Council had come in under budget despite the very strong pressures which were well known. The coming year would have just as strong pressures, if not stronger, and it would be the responsibility of all to ensure that the Council delivered its services within the resources available. She referred Cabinet members in particular to paragraph 2.1.2 of the report, which related to carry-forward proposals.
Councillor Charles Gerrish in seconding the proposal and said that the report reflected the hard work of all involved.
Cllr Francine Haeberling said that she wished to acknowledge the part paid in this achievement by the outgoing joint administration.
Councillor Chris Watt drew attention to Appendix 9 of the report which appeared to show an extraordinarily large cash balance of £26 million, most of which was attributed to the Pension Fund. He asked whether this was normal practice and why such large amounts had not been on deposit for a better return.
The Chair invited Richard Szadziewski (Interim Director of Support Services) to respond. He explained that since the report was a snapshot of the balance sheet at a single point in time, occasional fluctuations might appear. The high cash balances might have been as a result of a sale of assets which would have arrived at the end of March and before the cash had been re-invested. He reminded members that the Council often needed ready access to quite large amounts of cash at relatively short notice, and it was perfectly normal for the Council to owe in the region of £50 million payable to creditors within one year. Also, the schools delegated budget scheme did not allow central control of the timing of expenditure. He felt that the amounts in question were reasonable but agreed that he would feed the comments of the meeting back to the Avon Pension Fund and to the Audit Committee.
Rationale
The recommendations made are based upon the Budget Management Scheme and a consideration of the Council's latest financial position and reserves strategy.
Other Options Considered
The report lists all options that were considered in making a decision on carry forwards and write offs from 2005/06 to 2006/07.
On a motion from Councillor Francine Haeberling, seconded by Councillor Charles Gerrish, it was
RESOLVED (unanimously)
(1) To note the provisional revenue budget outturn for 2006/07 as set out in Appendix 2 of the report at £314,000 under spent or 0.3% of the Council's revenue budget for 2006/07. The underspend including the Local Authority Business Growth Incentive Scheme grant income is £1,415,000;
(2) To approve the carry forward proposals and write-off requests listed in the tables in Appendix 4 of the report as exceptions to the Budget Management Scheme. The approval of write off requests is conditional upon action plans being in place to meet the ongoing implications in 2007/08 onwards;
(3) To approve the creation of earmarked reserves of £100,000 in respect of Continuing Health Care;
(4) To agree that any resulting surplus arising from decisions made should be returned to unallocated general fund balances;
(5) To approve the revenue virements listed in Appendix 7 of the report;
(6) To note the provisional outturn position of the 2006/07 capital programme (Appendix 5 of the report);
(7) To agree the adjustments to and incorporation of additional funding to the 2006/07 capital programme as detailed in Appendix 6 of the report, including funding part of the programme from Local Public Service Agreement capital reward grant;
(8) To delegate the agreement of carry forwards for capital under and over spends arising in 2006/07 to the Council's Section 151 Officer in consultation with the Chief Executive and Projects Programme Board (Appendix 1 Paragraph 1.12);
(9) To note the reserves position shown in Appendix 8 of the report, including the transfer to general reserves of £680k from IT provisions (Appendix 1 Paragraph 1.25), and that as a result the Council's reserves strategy is ahead of target (Appendix 1 Paragraph 1.23);
(10) To note the implications of the outturn 2006/07 in 2007/08, (Appendix 1 Paragraphs 1.13-1.15) and that action plans are being prepared by Strategic Directors and Assistant Directors to address these implications;
(11) To note the Treasury Management Outturn position.
12 STATEMENT ON INTERNAL CONTROLS AND CORPORATE GOVERNANCE 2006/07 (Report 12).
Councillor Charles Gerrish, in proposing the item, said that the report demonstrated that the Council is addressing all the issues arising from previous years. He recommended the report to members as the result of a routine but thorough review of the system of internal control.
Councillor Francine Haeberling seconded the proposal.
Rationale
The Accounts and Audit Regulations 2003 introduced a requirement for all Local Authorities to produce an annual Statement on Internal Control.
Other Options Considered
None.
On a motion from Councillor Charles Gerrish, seconded by Councillor Francine Haeberling, it was
RESOLVED (unanimously)
(1) That, having considered the Statement and `significant' issues, the Cabinet recommends that the Leader of the Council and Chief Executive sign the Statement on Internal Control 2006/07.
13 GREATER BRISTOL BUS NETWORK LAND ASSEMBLY (Report 13).
Councillor Francine Haeberling asked Cabinet members to confirm that they had read and considered the Public interest Test (Appendix 4 of the report).
Cllr Vic Pritchard proposed that Appendix 5 of the report was exempt from publication as specified in the Public Interest Test. Councillor David Hawkins seconded the proposal.
Rationale
The appendix contains material which is exempt according to category 3 as set out in the Local Government Act 1972 (amended Schedule 12A). The public interest in maintaining the exemption outweighs the public interest in disclosure at this time.
Other Options Considered
Not to declare the document exempt from publication - but this would mean that the public interest would not be best served.
Councillor Charles Gerrish, in proposing the main item, said that the proposals before Cabinet were an enabling paper, the aim of which was to give the Council greater powers in assembling the land. The effect of agreeing the resolution would be to give the message to landowners that the Council could and would, if necessary, revert to the use of CPO in order to assemble the required land. This would ensure that serious negotiations could take place over the sale and purchase of land; and landowners would be less inclined to hold up the land assembly requirements.
Councillor David Hawkins seconded the proposal
Councillor Chris Watt congratulated Cllr Charles Gerrish on bringing the paper to Cabinet. He agreed that a clear message must be given to landowners that the council is committed to deliver the land required for the Greater Bristol Bus Network.
Rationale
The authority to use compulsory purchase order powers will give certainty to availability of land.
Other Options Considered
Consideration has been given to continuing to negotiate to secure the land and this will continue to be the case. However there is a risk that this process might fail to reach a satisfactory conclusion and therefore all avenues open to secure the land should be made available to the 4 Unitary Authorities in pursuit of their objectives.
On a motion from Councillor Vic Pritchard, seconded by Councillor David Hawkins, it was
RESOLVED (unanimously)
(1) That, having considered the public interest test, to agree that Appendix 5 of the report, relating to land cost issues, is exempt from publication.
On a motion from Councillor Charles Gerrish, seconded by Councillor David Hawkins, it was
RESOLVED (unanimously)
(2) to note the reasons why and the circumstances within which the making of a CPO (compulsory purchase order) may be recommended;
(3) To give its `in principle' support for the making of a CPO if so recommended.
The meeting ended at 17:50
Chair(person)
Date Confirmed and Signed
Prepared by Democratic Services