Agenda and minutes

Apologies had been received from Councillor David Dixon

There were 3 questions from the following people: Councillors Michael Evans, Alan Hale, Geoff Ward.

[Copies of the questions and response, 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.]

George Bailey read a statement on behalf of David Redgewell (South West Transport Network) relating to Planning and Transport Development.  [The statement is attached to these Minutes as Appendix 2 and on the Council’s website]

Amanda Leon (Radstock Action Group) made a statement relating to the Radstock road scheme.  [The statement is attached to these Minutes as Appendix 3 and on the Council’s website]

Cllr Eleanor Jackson made a statement relating to Victoria Hall and Radstock Development Funding, after which she presented a petition to Cabinet signed by over 400 residents asking that the Victoria Hall be kept open for community use.  [The statement is attached to these Minutes as Appendix 4 and on the Council’s website]

The Chair referred the statement and petition to Councillor David Bellotti for his consideration and response in due course.

Pamela Galloway (Save Our 6/7 Buses) made a statement.  [The statement is attached to these Minutes as Appendix 5 and on the Council’s website]

On a motion from Councillor Paul Crossley, seconded by Councillor Nathan Hartley, it was

RESOLVED that the minutes of the meeting held on Wednesday 11th January 2012 be confirmed as a correct record and signed by the Chair.

This is a standard agenda item, to cover any reports originally placed on the Weekly list for single Member decision making, which have subsequently been the subject of a Cabinet Member requisition to the full Cabinet, under the Council’s procedural rules

The Leader and Cabinet have indicated that most decisions will be taken by the full Cabinet, at its public meetings.  This report lists any Cabinet Single Member decisions taken and published since the last Cabinet meeting.

In February 2010 the Council adopted the 2009 edition of the CIPFA Treasury Management in the Public Services: Code of Practice, which requires the Council to approve a Treasury Management Strategy before the start of each financial year, review performance during the year, and approve an annual report after the end of each financial year.

This report gives details of performance against the Council’s Treasury Management Strategy and Annual Investment Plan 2011/12 for the first nine months of 2011/12.

Councillor David Bellotti, in proposing the item, said that by 2015, instead of a borrowing requirement of £205M which had been the case previously, the Cabinet would have reduced this by more than £30M.

Councillor Paul Crossley seconded the proposal.

On a motion from Councillor David Bellotti, seconded by Councillor Paul Crossley, it was

RESOLVED (unanimously)

(1) TO NOTE the Treasury Management Report to 31st December 2011, prepared in accordance with the CIPFA Treasury Code of Practice; and

(2) To NOTE the Treasury Management Indicators to 31st December 2011.

This report presents the financial monitoring information for the Authority as a whole for the financial year 2011/12 to the end of December 2011

Councillor David Bellotti, in proposing the item, said that most budgets had underspent in the financial year, and the one overspent service (transportation) had extenuating circumstances.  He was pleased with the progress made by Strategic Directors to keep spending under control.

Councillor Paul Crossley seconded the proposal.

On a motion from Councillor David Bellotti, seconded by Councillor Paul Crossley, it was

RESOLVED (unanimously)

(1) To ASK Strategic Directors to continue to work with Portfolio Holders towards managing within budgets 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 the report;

(3) To NOTE the capital expenditure position for the Council in the financial year to the end of December, and the year-end projections detailed in the report;

(4) To AGREE the revenue virements listed for approval in the report; and

(5) To NOTE the changes in the capital programme listed in the report.

This report presents the Cabinet's draft medium term financial plan, and revenue and capital budgets for the 2012/13 financial year together with a proposal for a Council Tax level for 2012/13

The Chair introduced Councillor John Bull, Chair of the Resources PDS Panel, who referred to the Summary of the Panel’s Budget Recommendations to Cabinet [a copy of which had been placed in the public gallery before the meeting, and is attached to these Minutes as Appendix 9 and on the Council’s website].  Councillor Bull drew the Cabinet’s attention to each point in turn. He called in particular for the Cabinet to ensure rigorous monitoring of the effects of the Budget on vulnerable young people, because the Panel had been concerned that the Equalities Impact Assessment for Adult Social Care and Housing, People and Communities had not properly considered this.

Councillor Charles Gerrish made an ad hoc statement in which he expressed concern that the Heritage Services business plan had been based on the depressed visitor figures from the bad winter of 2010.  He also asked Cabinet to delay any decision on the mobile library service until the consultation period had completed.  He emphasised the Council’s responsibility to isolated communities and vulnerable people.  He suggested that the Council’s recycling facilities should open and close an hour later on Sundays, because more people would be likely to use it later in the day.

Councillor John Bull made an ad hoc statement in which he welcomed the allocation of extra funds for affordable homes and the funding for transferring Paulton Library to a community-run facility in a vacant shop.  He expressed big doubts, however, about the proposed reduction in the social care budget.

Councillor Eleanor Jackson made an ad hoc statement in which she agreed that the quality of the equality impact assessments was a cause for concern.  She referred to the cuts to the Equality Team and to the Policy and Partnerships Team, who were responsible for monitoring.

Councillor David Bellotti, in moving the recommendations, emphasised that the proposals would ensure a reduction in borrowing; a zero increase in Council Tax; improved services; and more local projects.  He was grateful to Councillor Bull for the Resource Panel’s contribution to the debate.  He confirmed that the Cabinet recognised the need for regular scrutiny of all the higher risk savings in the Proposed Budget for 2012/2013 including the £825K for the residential care costs of adults with learning difficulties.  The Cabinet would ask officers to ensure that the progress and delivery of all such high risk savings was included within the quarterly Budget Outturn Monitoring reports.

He felt that the observation made by Councillor Gerrish about the winter visitor figures was a fair comment, although the November figures had also shown the same picture so he was confident about the outcome.  He promised to pass the idea about Sunday Recycling Opening times to the Divisional Director, Environmental Services, for his consideration because he agreed it was a good idea.  He emphasised that the cuts being proposed for libraries was a quarter of the cut being made by central government to the Council’s library funding.  The Budget would protect libraries better than neighbouring authorities  ...  view the full minutes text for item 155.

The Council has adopted the CIPFA Treasury Management in Public services Code of Practice, and is therefore required to approve a Treasury Management Strategy before the start of each financial year and for this to be subject to scrutiny.  A revised version of the Code was published in November 2011 in light of the additional financial freedoms available to local authorities in the Localism Act 2011.  The Council will therefore be asked to adopt the revised Code.  The Department for Communities and Local Government also issued revised guidance on local authority investments in March 2010 that requires the Council to approve an investment strategy before the start of each financial year.

This report fulfils the Council’s legal obligation under the Local Government Act 2003 to have regard to both the CIPFA Code and the CLG Guidance.  It will be scrutinised by the Corporate Audit Committee at its 7th February 2012 meeting, following which any recommendations will be reported back as an update to this report.

Councillor David Bellotti, in proposing the item, emphasised that the council was very fortunate to have such high quality finance officers.  He reminded Cabinet that proper Treasury Management underpinned the whole budget.

Councillor Paul Crossley seconded the proposal.

On a motion from Councillor David Bellotti, seconded by Councillor Paul Crossley, it was

RESOLVED (unanimously)

(1) To RECOMMEND that Council approves the actions proposed within the Treasury Management Strategy Statement;

(2) To RECOMMEND that Council approves the Investment Strategy;

(3) To RECOMMEND that Council approves the changes to the authorised lending lists;

(4) To RECOMMEND that Council approves the adoption of CIPFA’s revised Code of Practice on Treasury Management;

(5) To RECOMMEND that Council approves the revised Treasury Management Policy Statement;

(6) To NOTE the Treasury Management Indicators;

(7) To DELEGATE authority for updating the indicators prior to approval at Full Council on 14th February 2012 to the Divisional Director - Finance and Cabinet Member for Community Resources, in light of any changes to the recommended budget as set out in the Budget Report elsewhere on the agenda for this meeting.

The Council faces a number of key challenges - a tough economic situation, tighter financial constraints, radical changes in Government legislation and increasing pressure on services with an ageing population and increasing unemployment particularly amongst the young and vulnerable.  It is essential to prioritise and protect frontline services, especially for the vulnerable.

In addition, extensive changes in national policy will transform the delivery of local public services to create new relationships between councils and communities, referred to as “Localism”, which will involve the Council increasingly becoming a commissioner of services rather than a direct service provider.

To address these issues the cabinet has

·  Refreshed the Vision, maintaining the general direction of travel but with a change of emphasis that puts People and Communities first.

·  Replaced the previous 8 Priorities with 3 Objectives that will start to deliver the vision over the next few years

·  Created a series of Outcomes so that we and our communities can better measure our performance

·  Developed Values to determine the kind of organisation the Council wants to be.

These developments have been the subject of consultation with all Council Members and senior managers and are set out in this report for adoption.

Councillor Paul Crossley, in proposing the item, referred to the wide consultation which had fed into the new vision and values.  All Councillors and middle Managers were invited to contribute and the Cabinet had taken on board a significant number of suggestions and observations from that consultation.

Councillor Nathan Hartley seconded the proposal and said that putting people first was a fine principle on which to base the Council’s service decisions.

Councillor Cherry Beath endorsed the proposals.

Councillor Crossley, in summing up, referred to paragraph 5 of the report and observed that the list of partners should be amended by adding “town and parish councils”, so that it would now read, “the police, schools, the health service, town and parish councils, community organisations, local businesses, local people and communities”.

On a motion from Councillor Paul Crossley, seconded by Councillor Nathan Hartley, it was

RESOLVED (unanimously)

(1) To AGREE the refresh of the Council’s Vision;

(2) To REPLACE the Council’s previous eight priorities with three objectives that describe what it is trying to achieve and enable it to focus resources;

(3) To UPDATE its values to reflect how the Council will operate and the kind of organisation it will be; and

(4) To COMMUNICATE these developments to the public and staff.

The Greater Bristol Bus Network (GBBN) major scheme includes the establishment of quality partnership schemes on ten bus route corridors in the former Avon area. This scheme will cover the corridor between Midsomer Norton and Bristol. It will set quality standards for bus operators who wish to use the new infrastructure and facilities.

Councillor John Bull made an ad hoc statement expressing his concern that the recommendation in paragraph 2.2 of the report did not specify that the Divisional Director in making any changes must consult with the Cabinet member.  He asked for this to be amended.

Councillor Paul Moss in an ad hoc statement brought the Cabinet’s attention to the fact that the Midsomer Norton to Bristol bus service was listed in Schedule 1 of the report as being only one bus a day in each direction. He emphasised that this would be an ideal opportunity to improve the service.

Councillor Charles Gerrish made an ad hoc statement encouraging the Cabinet member to be robust in his negotiations with First.  He felt that the Council should, as before, insist on a “maximum fare” clause in future agreements with First.

Councillor Roger Symonds introduced the item.  He referred to the point made by Councillor Moss, and promised that he would address the issue of the frequency of services between Bristol and Midsomer Norton.  He referred to the point made by Councillor Bull, and agreed that recommendation 2.2 should read “in consultation with the Cabinet Member for Transport”.  As a result, he moved a proposal which differed from the published recommendations.

Councillor Tim Ball said that he was delighted, to second the proposal.

On a motion from Councillor Roger Symonds, seconded by Councillor Tim Ball, it was

RESOLVED (unanimously)

(1) To AGREE that a quality partnership scheme be made covering the bus route corridor between Midsomer Norton and Bristol via Whitchurch;

(2) To DELEGATE authority to the Divisional Director for Planning & Transport Development to determine in consultation with the Cabinet Member for Transport the appropriate standard of services in the quality partnership scheme; and

(3) To DELEGATE authority to the Divisional Director for Planning & Transport Development to decide in consultation with the Cabinet Member for Transport on any revisions to the standards of services in the quality partnership scheme arising from the formal review process.

Funding applications have been received from voluntary sector bodies for the provision of community transport services in 2012/13. This Report gives details of those applications with recommendations on the allocation of funding.

Councillor Roger Symonds, in moving the recommendations, said that the proposals would increase or maintain all the awarded grants.

Councillor Simon Allen seconded the proposal and observed that the criteria and the grants being recommended fitted well with the Council’s new vision of putting people first and encouraging independence.

Councillor David Bellotti supported the proposal.  He referred to paragraph 3.5 of the report, which identified an amount of £42,500 grant from the government to assist with community transport services.  He asked the Cabinet member to agree to bring any proposals on spending this grant back to Cabinet for approval.

Councillor Paul Crossley was delighted with the proposals and felt that they delivered an inclusive agenda.

Councillor Roger Symonds summed up.  He assured Councillor David Bellotti that he would indeed bring back to Cabinet any proposals for spending the £42.500 community transport funding.  He reminded Cabinet however that the funding was specifically given by government to be used for community transport development.

On a motion from Councillor Roger Symonds, seconded by Councillor Simon Allen, it was

RESOLVED (unanimously)

(1) To APPROVE funding proposals laid out in appendix 2 of the report;

(2) To AGREE that new two-year service level agreements be entered into with the three dial-a-ride schemes in the Council’s area;

(3) To DELEGATE authority to the Divisional Director for Planning and Transport Development to reallocate funds, in consultation with the Cabinet Member for Transport, from approved projects that become unviable owing to the level of funding allocated or to a change in circumstances of the applicant group, should such situations arise during the year.

Annual review of fostering and related allowances.

Councillor Nathan Hartley proposed the recommendations.  He explained that it was never easy to recruit good foster parents; but that he was delighted that the Family Placements Team had been working so hard to attract new fosterers.  He reminded Cabinet that Children and Young People were a key priority for the Council.

Councillor Cherry Beath seconded the proposal by saying how impressed she had been by the commitment shown by foster carers.  The proposed rises were in line with the recommendations of the Fostering Network.

[Councillor Tim Ball in a personal statement explained that he had no interest to declare on this matter, because he and his wife claimed no allowances from this authority.]

On a motion from Councillor Nathan Hartley, seconded by Councillor Cherry Beath, it was

RESOLVED (unanimously)

(1) To INCREASE fostering age related allowances and permanence allowances in line with Fostering Network recommendations as set out in the report;

(2) To AGREE that there will be no change in fostering fees, savings rates for children in care, or supported lodgings as set out in the report; and

(3) To NOTE the current level of care leavers maintenance which is linked to Job Seekers Allowance as set out in the report.

Somerset County Council has published its Minerals Core Strategy Options Paper, for consultation between 15th December 2011 and 12th February 2012.  The Options Paper identifies a number of issues and potential options relating to future minerals development within Somerset.  Feedback from this consultation will guide the preparation of Somerset County Council’s Minerals Core Strategy during 2012.  The Paper identifies a number of issues and potential options relating to future minerals development within Somerset. 

Bath and North East Somerset Council is a statutory consultee for Local Development Framework consultations and is Minerals Planning Authority.  In view of current concerns over exploration and extraction of energy minerals and any potential impact on the Hot Springs in relation to Bath, a formal response to this consultation is both critical and timely.

Councillor Charles Gerrish in an ad hoc statement welcomed the report.  He explained his concerns about the approach of the Mendip Council, particularly the impact on the Council’s highways of any increase in extraction in the Mendip area as a result of HGV movements.

Councillor Tim Ball, in proposing the item, acknowledged the comments made by Councillor Gerrish.  He also referred to reported seismic events caused by hydraulic fracking in the north of England.  His biggest concern was that extraction in the Mendip Hills might have an unforeseen impact on the source of Bath’s spa waters.

Councillor Paul Crossley seconded the proposal.  He said that he had asked the two local MPs to sign an Early Day Motion to stop any extraction in Mendip, and that one had so far agreed.  He emphasised the importance of preventing anything which might put at risk the exceptionally high quality of Bath’s waters.

Councillor Roger Symonds referred to Councillor Gerrish’s comments about Heavy Goods Vehicles.  He explained that he was already speaking to Somerset County Council about this matter.  He proposed an amendment which would add the words “Cabinet agrees that the Council will monitor the traffic of Heavy Goods Vehicles passing from Somerset into North East Somerset”. 

Councillors Tim Ball and Cherry Beath both accepted the amendment.

On a motion from Councillor Tim Ball, seconded by Councillor Cherry Beath, it was

RESOLVED (unanimously)

(1) To AGREE that the assessment as set out at Appendix 1 of the report will form the basis of the response to the consultation on the Minerals Core Strategy Options Paper to be forwarded to Somerset County Council by 12th February 2012 to help inform the preparation of Somerset County Council’s draft Minerals Core Strategy; and

(2) To AGREE that the Council will monitor the traffic of Heavy Goods Vehicles passing from Somerset into North East Somerset.

[Clause 2 above was added as a result of an amendment proposed by Councillor Roger Symonds and accepted by the proposer and seconder of the primary motion.]

Home Improvement Agencies help vulnerable people live independently by providing support such as minor repairs, handyperson services, adaptations and advice.  Demand for these services is expected to rise due to the ageing population and increasing expectations for an improved quality of life.

It is proposed that the existing contract is recommissioned jointly with our West of England partners.  By working together we aim to meet the demands by providing improved value for money and an enhanced service for residents.  This paper therefore seeks a decision from Cabinet to confirm the proposed approach to work with our West of England partners to commission a new West of England HIA contractor.

Phil Gait (Chairman, Care and Repair) made a statement [a copy of which is attached to the Minutes as Appendix 6 and on the Council's website] asking Cabinet to reject the proposals because he felt they were unworkable and because of the impact they would have on vulnerable people.

Councillor Simon Allen, in proposing the item, said that the role of the Home Improvement Agency had developed, and was now seen as pivotal in helping older and vulnerable people to remain independent.  The need would continue to grow, and the HIA must develop to meet that need.  He stressed that the proposed contract would deliver flexibility and local expertise right to the point where it was needed.

Councillor Tim Ball seconded the proposal. He stressed that there was a local aspect to the proposals, which was essential.

Councillor David Bellotti referred to paragraph 3.2 of the report, in which estimated savings of 12% had been identified.  He explained that any savings achieved might not necessarily be invested back into the same service.

Councillor Allen acknowledged the point made by Councillor Bellotti.

On a motion from Councillor Simon Allen, seconded by Councillor Tim Ball, it was

RESOLVED (unanimously)

(1) To AGREE that Bath & North East Somerset continues to participate in the joint competitive procurement process to secure a new West of England Home Improvement Agency contractor; and

(2) To CONFIRM the delegated authority of the Programme Director for Non-Acute Health, Social Care and Housing, in her capacity as chair of the Supporting People & Communities Board, to exercise her judgement in concluding the contractual processes associated with this commission.

To consider the points raised during the public consultation of Traffic Regulation Order "Various Roads, Keynsham Order 2011" and decide whether to proceed with the proposed scheme.

Councillor Charles Gerrish read a statement by Councillor Alan Hale [a copy of which is attached to the Minutes as Appendix 7 and on the Council's website].  In the statement, Councillor Hale explained that residents of Dapps Hill had not responded in great numbers to the consultation about the proposed residents parking because they felt that they had made their feelings known in previous consultations and by means of an earlier petition.  He asked Cabinet to bear this in mind when considering the Dapps Hill proposals.

Councillor Charles Gerrish made a statement on his own behalf in which he welcomed the proposals, particularly those relating to his own ward.  He was concerned about enforcement on Saturdays and Sundays.

Roger Busby (Resident, Dapps Hill) made a statement [a copy of which is attached to the Minutes as Appendix 8 and on the Council's website] appealing to the Cabinet to proceed with the Dapps Hill Residents Parking Zone, despite the low response to the public consultation.

Councillor Roger Symonds, in proposing the item, referred to the 5-year backlog of traffic orders.  The proposals before Cabinet showed a determination to deal with this.  He explained that the Council had a statutory duty to consult on the proposals, and said that in the case of Dapps Hill, the statutory response had been inconclusive.  He did agree however that he would look again at that proposal in a year’s time.

In response to Councillor Gerrish’s comment, he confirmed that the Council did issue tickets on Saturdays and Sundays.  Local Councillors could also ring, to express concern, if they felt it necessary.

Councillor Cherry Beath seconded the proposals which she felt were reasonable.  She welcomed the commitment to look again at Dapps Hill in a year’s time.

On a motion from Councillor Roger Symonds, seconded by Councillor Cherry Beath, it was

RESOLVED (unanimously)

(1) To IMPLEMENT the following Traffic Regulation Orders because no objections were received by the statutory deadlines:

(a) No Waiting at Any Time in Access Road to Tesco from Bristol Road, Access Road to Chandag Junior School, Chandag Road, Cranmore Avenue, Courtlands, Charlton Park, Charlton Road, Caernarvon Road, Caernarvon Close, Derwent Grove, Durley Hill, Dapps Hill, Holmoak Road, Kennet Road, Access Road to Tintagel Close (Kelston Road), Lambourn Road, Lockingwell Road, Northern Access Road to Wellsway School, Oak Tree Walk, Old Bristol Road, Queen’s Road, Severn Way, St Ladoc Road.

(b) No Loading in Chandag Road 

(c) No Waiting Mon-Fri, 8am-5pm in Chandag Road 

(d) Limited Waiting Mon-Sat, 8am-6pm (2 hours) in Chandag Road

(e) Loading Bays in Chandag Road, High Street

(f) Disabled Bay in West View Road Mon – Fri, 8am – 6pm

(2) To MODIFY the School Keep Clears Chandag Road TRO so that the times are 8am – 6pm Monday to Friday only

(3) To ABANDON the schemes for Residents Permit Parking (Mon-Sat, 8am-6pm) in Chandos Road, Dryleaze, Summerleaze, Priory Road, Dapps Hill, St Clements Road.

Bath and North East Somerset to express support for a joint bid between the West of England Local Enterprise Partnership, Bristol City Council and the business community for a Green Investment Bank to be located in Bristol

Councillor Paul Crossley proposed the item.  He was delighted that the local area had thriving green, silicon and environmental industries.  There were a number of very good reasons why the Green Investment Bank should be located in Bristol.

Councillor Cherry Bath seconded the proposal.

Councillor Roger Symonds was delighted, because this had been in his Party’s manifesto commitment.

On a motion from Councillor Paul Crossley, seconded by Councillor Cherry Beath, it was

RESOLVED (unanimously)

(1) To SUPPORT the bid for the Green Investment Bank to be located in Bristol

(2) To WORK with the Local Enterprise Partnership, the business community and Bristol City Council to promote the opportunities afforded by locating the Bank in Bristol