Meeting documents

Cabinet
Wednesday, 15th January, 2003

BATH AND NORTH EAST SOMERSET COUNCIL

COUNCIL EXECUTIVE

Wednesday 4th December 2002

PRESENT -:

Councillor Paul Crossley - Leader

Councillor Gerry Curran - Education

Councillor Gitte Dawson - Customer Satisfaction, Best Value and E-Government

Councillor Nicole O'Flaherty - Tourism, Leisure and Culture

Councillor Steve Hedges - Community Safety, Housing & Consumer Services

Councillor Peter Metcalfe - Transportation and Planning Policy

Councillor Jane Tapper - Social Services

Councillor Rosemary Todd - Resource Planning and Support Services

Apologies: Councillor Roger Symonds - Economic Development and Environment

  1. WELCOME AND INTRODUCTIONS
  2. EMERGENCY EVACUATION PROCEDURE

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

  1. DECLARATIONS OF INTEREST

The Head of Recreation Services declared a personal interest in agenda item 10.

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

Councillor Crossley announced that he would be taking the agenda items in the following order; 10, 12, 11, 15 and the remaining items in order.

Councillor Crossley also announced that he would be allowing Councillor Barrett, Convenor of the Planning, Transportation, Economy & Sustainability Overview and Scrutiny Panel to speak at this point to present that Panel's findings on the Review of the Parish Sweeping Scheme, as he had to leave to attend another meeting.

  1. QUESTIONS FROM PUBLIC AND COUNCILLORS

The following people had given the appropriate notice of their request to ask a question of an Executive Member. They received a verbal response, or were promised a written response within 5 days. The text of the questions and responses, including the supplementary questions, are contained in a Q&A document which is attached to the minutes electronically, once it has been finalised.

Questions not related to items on this agenda

Rae Harris concerning Street Markets

Councillor Vic Pritchard concerning capacity at Bristol International Airport

Councillor Vic Pritchard concerning Keynsham Environment Park

Councillors Sharon Ball and Lynda Hedges had submitted 5 questions regarding Lymore Avenue Playing field. These were read out by Councillor Curran.

Questions related to items on this agenda

These questions were taken when the relevant agenda item was reached - again, the text of these questions and answers will be contained within the Q&A document mentioned above;

Councillor Gordon Wood (2 questions) - agenda item 10

Councillor Vic Pritchard - agenda item 11

Councillors Vic Pritchard and Gordon Wood on behalf of Councillors Martin Veal and Francine Haeberling (respectively) - agenda item 12

Councillor Gordon Wood on behalf of Councillor Martin Veal - agenda item 14

Councillor Gordon Wood on behalf of Councillor Francine Haeberling - agenda item 16

  1. STATEMENTS, DEPUTATIONS OR PETITIONS FROM PUBLIC AND COUNCILLORS

The following people had given the appropriate notice of their intention to address the meeting for 3 minutes. The statements were heard when the relevant agenda item was reached.

Mrs Peggy Edwards - Chair of Compton Martin Parish Council re Parish Sweeper report - agenda item 11

Mike Curtis from Ubley Parish Council re Parish Sweeper report - agenda item 11

Bill Davies, Englishcombe Parish Clerk re Parish Sweeper report - agenda item 11

Richard Denning - Chair of Governors at Lime Grove School re Bath Special Project - agenda item 12

  1. MINUTES: WEDNESDAY 6TH NOVEMBER 2002

On a motion from Councillor Hedges, seconded by Councillor Metcalfe, it was

RESOLVED that the minutes of the meeting held on Wednesday 6th November 2002 be confirmed as a correct record and signed by the Chair(person)

  1. OVERVIEW AND SCRUTINY MANAGEMENT BOARD (REPORT 9).

There were no comments from the Overview and Scrutiny Management Board on this occasion.

  1. LEISURE IMPROVEMENT PROJECT - BEST OPTION (REPORT 10).

Councillor O'Flaherty introduced this report, thanked the Overview & Scrutiny Panel for their consideration of this report and commended the thorough and professional bidder selection process that had taken place.

Councillor Wood asked 2 questions and a supplementary (minute number 95 refers).

Councillor Stewart, Convenor of the Education, Youth, Culture and Leisure Overview and Scrutiny Panel, presented the Panel's findings to the meeting. In response to the Panel's final point (c) regarding the TUPE protection period, Councillor O'Flaherty offered reassurance that in the course of the contract negotiation, this issue would be taken into account.

The report contained details of the other option of a new local Not for Profit Distributing Organisation (NPDO), and the reasons for not pursuing that option. It also set out the evaluation of the bids and reasons for recommending "Bidder A".

On a motion from Councillor O'Flaherty, seconded with full confidence by Councillor Dawson, it was

RESOLVED

(1) That it had been adequately demonstrated that a Public/Private Partnership demonstrates substantially greater benefits than a new local NPDO and is the preferred vehicle for externalisation;

(2) That "Bidder A" (an existing NPDO) be appointed as "Preferred Bidder";

(3) That the Operations Director, in consultation with the Executive Portfolio Holder for Tourism, Leisure and Culture, be authorised to negotiate and complete a contract with the preferred bidder; and

(4) That the Solicitor to the Council and the Corporate and Community Law Manager be authorised to execute all documentation necessary for the completion and implementation of the contract.

  1. REVIEW OF THE PARISH SWEEPING SCHEME (REPORT 11).

[Councillor Barrett, Convenor of the Planning, Transportation, Economy and Sustainability Overview and Scrutiny Panel, had presented the Panel's findings on this report at the start of the meeting.]

Councillor Crossley introduced this report and after taking the questions for which notice had been given (minute number 95 refers), invited contributions from Members of the public and other Councillors. Comments in support of the Parish Sweeper scheme were offered by Peggy Edwards (Compton Martin Parish Council), Mike Curtis (Ubley Parish Council), Bill Davies (Englishcombe Parish Council), Rowena Wood (Freshford Parish Council), Gordon Hewlitt (Wellow resident), Lance Hollyoake (South Stoke Parish Council).

A number of options for the future of the Parish Sweeper scheme were considered as a result of the review which were; (further details are contained within the report)

Option 1 Stay as now

Option 2 Stay as now but with extra controls

Option 3 Cessation of the scheme

Option 4 Retention of the scheme in amended form with extra controls

Councillor Crossley acknowledged that this scheme was very popular with the parishes but explained that a change was necessary in the light of advice from District Audit to improve equity. He then moved, seconded by Councillor Metcalfe, and it was

RESOLVED

(1) That Option 4 in Appendix F of the report is approved and the effective date for the implementation of this revised Parish Sweeper Scheme should be1st April 2003;

(2) That it is recognised that more work is needed to define areas to be cleaned and to ensure that zoning is appropriate, and the Head of Direct Services will commence discussion with affected parishes as soon as possible;

(3) That the Head of Direct Services must be sure that compliance with legal obligations is carried out by the Parishes;

(4) That the maximum, Council-wide amount of grant available for Parishes to arrange all or some of their sweeping in 2003/4 shall be £90,000;

(5) That there shall be a minimum payment for any agreed Parish scheme of £500; and

(6) That, if any agreed Parish scheme yields a change in contribution compared to that paid in 2002/03, the new arrangements will be phased in, in equal annual proportions, by the end of 2005/06.

  1. BATH SPECIAL PROJECT (REPORT 12).

Councillor Curran introduced this report.

Questions were asked by Councillors Pritchard and Wood, on behalf of Councillors Veal and Haeberling (respectively) (minute number 95 refers).

Graham Stewart, Convenor of the Education, Youth, Culture and Leisure Overview and Scrutiny Panel, presented the Panel's findings to the meeting which were in support of the recommendations. Richard Denning, Chair of Governors at Lime Grove school, Linda Harris, Head of RUH and Gwynne Williams, Head of Summerfield also spoke in support.

Set out in the report, the other options considered and not proposed, were; (further details are contained within the report)

· Three Special schools close. Fosse Way school is expanded as the single complex needs centre for Bath & North East Somerset.

· RUH closes, Fosse Way school meets the needs of children with physical disabilities and there is no change at Summerfield or Lime Grove.

· Three Special schools close. Satellite/resource centres open at various mainstream schools, each managed by the host school.

· As above but satellites managed by a special school senior management structure - a virtual special school.

· Lime Grove provides for primary age pupils with complex needs. New school is for secondary and post 16 only.

· Close three special schools and Fosse Way and open one new single school for complex needs.

· Close three schools. Open new school for secondary age pupils. Provide for primary satellites.

· Replace RUH. No change at other schools.

· Alternative sites also considered.

After offering thanks to the Acting Director of Education and the School Organisation Manager on all their work in bringing this project to its current stage, Councillor Curran moved, and it was seconded by Councillor Tapper with enthusiasm, and

RESOLVED

(1) To thank all consultees for their responses and note these responses. (Appendices 2 & 3 of the report)

(2) To note the views of the Education, Youth, Culture and Leisure Overview & Scrutiny Panel (Appendix 4 of the report).

(3) To authorise Officers to pursue the preferred option (set out in paragraph 3.5 of the consultation document) and to publish the necessary statutory notices for the closure of the three schools named in 1.1 and for the establishment of a new special school.

(4) To authorise Officers to publish these notices at any time after the date of the meeting with the proviso that the implementation date of the proposals shall be 31 August 2005 and September 1 2005 respectively.

(5) To authorise Officers to prepare a response to any objections that are received in respect of these notices and to submit this response to the School Organisation Committee.

(6) To instruct Officers to submit a bid under the Targeted Capital Fund in order to secure borrowing approval for implementation of this proposal.

(7) To authorise Officers to prepare all property assets for disposal as soon as possible after the proposed closures.

(8) To approve the continuation of the small school allowance (£54,646 in 2002/03) currently allocated to RUH and Lime Grove schools until such time as the schools are closed, with the proviso that from the beginning of the financial year 2004/05, this sum is used to assist with the project management costs associated with this scheme, including the funding of the appointment of a new Headteacher 12 months prior to the opening of the new school

  1. 2002/2003 CAPITAL MONITORING REPORT (REPORT 13).

Councillor Todd introduced this report.

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

RESOLVED

(1) To note the current position of the 2002/03 capital programme;

(2) To approve the incorporation of additional funding to the 2002/03 programme to give a revised total of £32.5 million, as detailed in paragraph 4.1 of the report; and

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

  1. COUNCIL REVENUE BUDGET MONITORING 2002/03 (REPORT 14).

Councillor Todd introduced this report.

Councillor Wood asked a question on behalf of Councillor Veal (minute number 95 refers).

On a motion from Councillor Todd, seconded by Councillor Dawson, 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; and

(2) To approve the virements listed in Appendix 2 of the report, with the exception of the Student Liaison Committee (Appendix 2, page 5, LOG 02#27).

  1. FUNDING OF THE PARISH ELECTIONS IN 2003 (REPORT 15).

Councillor Todd introduced this report and on her motion, seconded by Councillor Dawson, it was

RESOLVED that, taking into account the wishes of the Council of 21st November 2002, Parish and Town Councils will not be charged the cost of the parish elections in May 2003.

  1. EXECUTIVE ADVISORY BODIES (REPORT 16).

Councillor Curran introduced this report.

Councillor Wood asked a question on behalf of Councillor Haeberling (minute number 95 refers).

On a motion from Councillor Curran, seconded by Councillor Tapper, it was

RESOLVED

(1) To approve in principle the Student Liaison Committee as a formal advisory body to the whole Council Executive, in accordance with the provisions of the Council's Constitution;

(2) That the Democratic Services Manager, in consultation with one or more nominated Executive Councillor(s), be authorised to agree formal terms of reference with the Student Liaison Committee to include resourcing implications and to implement the agreed arrangements;

(3) To establish an Equal Rights Advisory Body on the basis described in the report;

(4) That the Democratic Services Manager, in consultation with the Executive Councillor for Social Services and the Strategic Director (Housing and Social Services), be authorised to agree formal terms of reference of this body

  1. HOUSING SERVICES QUARTERLY PERFORMANCE REPORT (REPORT 17).

RESOLVED that the report be noted.

  1. COMMUNITY SAFETY AND DRUGS ACTION TEAM QUARTERLY PERFORMANCE REPORT (REPORT 18).

RESOLVED that the report be noted.

  1. TRANSPORTATION QUARTERLY PERFORMANCE REPORT (REPORT 19).

RESOLVED that the report be noted.

The meeting ended at 6:50pm

Chair(person)

Date Confirmed and Signed

Prepared by Democratic Services