Meeting documents

88 WELCOME AND INTRODUCTIONS

The Chair was taken by Councillor Francine Haeberling, Leader of the Council.

The Chair welcomed everyone to the meeting.

89 EMERGENCY EVACUATION PROCEDURE

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

90 APOLOGIES FOR ABSENCE

Apologies had been received from Councillors Terry Gazzard and Chris Watt.

91 DECLARATIONS OF INTEREST UNDER THE LOCAL GOVERNMENT ACT 1972

Councillor Malcolm Hanney declared a personal and non-prejudicial interest relating to Agenda Item 14, as Chair of the Primary Care Trust.

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

There was none.

93 QUESTIONS FROM PUBLIC AND COUNCILLORS

There were 3 questions from Councillors Paul Crossley, Will Sandry, Tim Ball.

[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.]

94 STATEMENTS, DEPUTATIONS OR PETITIONS FROM PUBLIC AND COUNCILLORS

Paul Myers (Campaign for an Independent Midsomer Norton Town Council) made a statement [a copy of which is attached to the Minutes as Appendix 2] in which he appealed for the Council to conduct a community governance review into the possibility of creating an independent Town Council for Midsomer Norton. He handed a petition to the Leader of the Council which contained 900 postcards, signed by electors in the two Midsomer Norton wards, in support of the petition.

Councillor Francine Haeberling thanked Paul Myers for his statement and said that the issue was not a decision for Cabinet but for the full Council to decide; the petition would therefore be passed to the Chief Executive, who would consider it and respond in due course.

95 MINUTES: WEDNESDAY 4^th February 2009

On a motion from Councillor Malcolm Hanney, seconded by Councillor David Hawkins, it was

RESOLVED that the minutes of the meeting held on Wednesday 4^th February 2009 be confirmed as a correct record and signed by the Chair(person)

96 CONSIDERATION OF SINGLE MEMBER ITEMS NOW REQUISITIONED TO CABINET

There were none.

97 CONSIDERATION OF MATTERS REFERRED BY OVERVIEW AND SCRUTINY BODIES

There were none.

98 SINGLE MEMBER CABINET DECISIONS PUBLISHED SINCE PREVIOUS CABINET MEETING (Report 11)

Councillor Charles Gerrish observed that his decision "E1821 Equestrian Access - Multi-use Trial Review" had recently been Called-in. He asked for clarification since the decision was included in the list of decisions taken.

The Democratic Services Officer acknowledged that the decision had been Called-in, and that the Call-in would be considered by the relevant Overview and Scrutiny Panel in due course. But it was a historical fact that the decision had been taken and it was appropriate that it had been listed in the report.

The Cabinet agreed to note the report.

99 REVENUE & CAPITAL BUDGET MONITORING, CASH LIMITS & VIREMENTS - APRIL 2008 TO JANUARY 2009 (Report 12).

Councillor Malcolm Hanney, in proposing the item, pointed out that the Council was working towards an underspend but that there were still considerable risks which might threaten this. He referred to paragraph 7 of the recommendations (relating to paragraph 5.5 of the report) which asked Cabinet to agree that any carry-forward requests which needed to be determined before July would be delegated to the Cabinet member for Resources in consultation with the Section 151 Officer and the Chief Executive.

Councillor David Hawkins seconded the proposal.

Rationale

The report was presented as part of the reporting of financial management and budgetary control required by the Council.

Other Options Considered

None.

On a motion from Councillor Malcolm Hanney, seconded by Councillor David Hawkins, it was

RESOLVED (unanimously)

(1) To ASK Strategic Directors to continue working towards managing within budget in the current year for their respective service areas, and to manage below budget where possible by not committing unnecessary expenditure, through tight budgetary control;

(2) To NOTE this year's revenue budget position as shown in Appendix 2 of the report;

(3) To NOTE the capital expenditure position for the Council in the financial year to the end of January and the year end projections detail in Appendix 3 of the report;

(4) To AGREE the revenue virements listed for approval in Appendix 4(i) of the report;

(5) To NOTE the changes in the capital programme listed in Appendix 5(i) of the report;

(6) To AGREE the revenue virements for 2009/10 listed in Appendix 6(i) of the report;

(7) To DELEGATE authority to the Cabinet Member for Resources in consultation with the Section 151 Officer and the Chief Executive, should early determination of any carry-forwards be required.

100 CORPORATE CARBON MANAGEMENT PLAN (Report 13).

Councillor Ian Gilchrist made a statement [a copy of which is attached to the Minutes as Appendix 3] in which he welcomed the Carbon Management Plan but felt that the Council should adopt National Indicator (NI) 186 rather than the more modest NI185.

Richard Daniel (Transition Bath) made a statement [a copy of which is attached to the Minutes as Appendix 4] in which he said that the Plan was a start towards what was urgently required; but that adoption of NI185 (rather than NI186) would not be enough to bring about transformational change across the whole of society. He said that the benefits of being more robust would be seen in financial, health, social and personal wellbeing and appealed to the Cabinet to commit the Council to NI186 by December 2009.

Hugh Prentice made a statement [a copy of which is attached to the Minutes as Appendix 5] welcoming the Plan, especially its target of a 30% cut in carbon emissions by 2014. But he felt that the Plan was inadequate in addressing the issues and appealed to the Cabinet to recognise that its commitment to NI185 would address only the Council's operations; whereas commitment to NI186 would address all operations within the Council's boundaries. He felt that only this commitment could achieve a sufficient reduction in CO2 levels.

Councillor John Bull made an ad hoc statement in which he said that the Labour Group welcomed the proposals but felt that there was still some way to go. He observed that no used paper receptacles were provided in meeting rooms although they were provided in offices.

Councillor Francine Haeberling promised to look into this.

Councillor Paul Crossley made an ad hoc statement in which he said that the Liberal Democrat Group welcomed the proposals but that the Council should accept more challenging targets. He emphasised the many benefits of encouraging people to cycle rather than use cars. He felt that the Local Strategic Partnership project being started in Whiteway would give the Council several valuable insights into how best to work with communities for their benefit. With reference to section 3.4 of the Plan (Near Term Projects) he would welcome the proposals (Ref 015) for the introduction of a Biomass Boiler at Southdown Youth Centre.

Peter Duppa Miller (Secretary, B&NES Local Councils Group) made an ad hoc statement in which he offered the eager support of all Town and Parish Councils in taking the message into communities.

Councillor Charles Gerrish, in proposing the item, thanked the previous speakers for their support. He also thanked the Sustainability Team for their hard work in preparing the Plan to such tight deadlines and for working so well with the Carbon Trust. He said he was determined to maximise the Council's contribution to reduced emissions and although he acknowledged the points made by others he said that it was essential for the Council to lead by example which was why the proposals before the Cabinet related entirely to the Council's own operations. In addition to this, however, whenever meeting with other organisations he did not miss opportunities to encourage them to commit to similar schemes. He felt that the work being done through the Local Strategic Partnership was an example to the whole community - especially the Big Energy Challenge.

Councillor Gerrish agreed with previous speakers about the need for urgency. He believed the proposals before Cabinet demonstrated the Council's determination and felt that within 5 years the Council would be in a position to make further commitments, having achieved the ones being proposed in the Plan. He passionately believed that the Council must reduce its carbon emissions by 30% in 5 years, as a start.

Councillor Malcolm Hanney seconded the proposal. He agreed with others that the Council must show leadership by example and also felt that it would be important for the NHS to commit to play its part. He pointed out that earlier proposals had been for a reduction of 2% per year for 10 years; but the new proposals were for a reduction of 30% over a much shorter period. This was proof enough of the Council's commitment.

Rationale

The proposed Carbon Management Plan was the result of ten months' work with the Carbon Trust and completion of all the milestones in their Local Authority Carbon Management Programme. The Carbon Trust had agreed that the plan is robust and that the Council can be confident of its ability to deliver the 30% cut in carbon emissions by April 2014.

Local authorities who are considered exemplars of best practice on climate change and carbon reduction have all been through the Carbon Trust programme and used their Carbon Management Plan to stimulate action on climate change not only across their own operations but, in the best cases, across their local strategic partnerships. The experience of working on the programme and developing a plan for B&NES has already helped the Council to support its partners as they embark on the same journey. Implementation of the Plan and achievement of the target will strengthen the ability to lead work across the district to tackle climate change.

Other Options Considered

The Carbon Trust Local Authority Carbon Management Programme is the only carbon management programme designed specifically for local authorities.

On a motion from Councillor Charles Gerrish, seconded by Councillor Malcolm Hanney, it was

RESOLVED (unanimously)

(1) To APPROVE the Carbon Management Plan 2009-2014, bearing in mind that the work will be reviewed and updated each year as projects are completed and new projects developed and implemented throughout the five years;

(2) To AGREE that the Council aims to reduce carbon emissions from its operations by 30% April 2014, from the baseline established for the year 2007/08;

(3) To NOTE that the agreed budget for 2009/10 has included within it:

(4) To DELEGATE the final agreement of the release of one-off and `invest to save' funding allocations to the Cabinet Member for Resources in consultation with the Chief Executive and the S151 Officer;

(5) To NOTE that projects will be prioritised according to how quickly they can be brought forward, but taking into account their carbon reduction impact and pay back periods;

(6) To NOTE that the budget provides for further `invest to save' schemes in the current year and future years as long as there are sufficient reserves above the minimum level of £6million.

101 BATH & NE SOMERSET LOCAL AREA AGREEMENT REFRESH 2009/10 (Report 14).

Councillor Paul Crossley made an ad hoc statement welcoming the fact that the plans to implement a Local Area Agreement, developed over more than 3 years, were at last being delivered. He regretted that government had not delivered its side of the bargain - so that no targets had yet been set. This would be a real problem for the Council. He emphasised the importance of Target 175 (Access to facilities by public transport, walking or cycling).

David Redgewell made an ad hoc statement in which he too referred to Target 175 which the paper suggested would be replaced by 176 which would restrict it to those at work, not all households. He felt that the Target must relate to all households, not only those in work. He appealed to the Council to refer to the Equalities Team to ensure equal access for all.

Councillor Francine Haeberling responded to David Redgewell by saying that Equalities Impact assessments were being conducted on all policies and reviews. She agreed with others that the Council must press government to set the targets. In proposing the item, she said that the refresh of the LAA would ensure that it would stay focussed on the Council's priorities, particularly in light of the current economic climate.

Councillor Malcolm Hanney seconded the proposal. He observed the close correspondence between the objectives of the Council, the Health & Wellbeing Partnership and the NHS.

Councillor Vic Pritchard said that he was supportive of the paper as a whole, and particularly its references to Older People and Safer Communities.

Rationale

The Local Area Agreement is a statutory agreement that sets out the priorities for the locality and identifies targets over three years. It is a key performance framework for the delivery of the Council corporate plan and also the emerging Sustainable Community Strategy as it acts as a three year delivery plan.

Other Options Considered

None.

On a motion from Councillor Francine Haeberling, seconded by Councillor Malcolm Hanney, it was

RESOLVED (unanimously)

(1) To APPROVE the current draft of the Local Area Agreement for Bath & North East Somerset for negotiation with GOSW;

(2) To AUTHORISE the Chief Executive, in consultation with the Leader of the Council, to finalise the document for submission in light of such negotiations and to sign the Local Area Agreement on behalf of the Council.