Agenda and minutes

Councillor Dando sent his apologies and was substituted by Councillor Jackson.

At this point in the meeting declarations of interest are received from Members in any of the agenda items under consideration at the meeting. Members are asked to indicate:

(a) The agenda item number in which they have an interest to declare.

(b) The nature of their interest.

(c) Whether their interest is a disclosable pecuniary interest or an other interest,  (as defined in Part 2, A and B of the Code of Conduct and Rules for Registration of Interests)

Any Member who needs to clarify any matters relating to the declaration of interests is recommended to seek advice from the Council’s Monitoring Officeror a member of his staff before the meeting to expedite dealing with the item during the meeting.

Councillor Goodman declared an interest in item 9 in that he sometimes acts for clients involved in the Commercial Estate.

Councillor Jackson mentioned that, as a member of the Development Management Committee, she would not take part in any debate regarding an East of Bath Park and Ride.

A request to call in the SMD E2900 was considered by the Chief Executive and the Monitoring officer on 16^th November 2016. The call-in was rejected or invalid, however it was agreed that Resources PDS Panel would be asked to consider two items raised by the call-in. This report addresses the agreed issues.

The Chair, Councillor Sarah Bevan announced that she had accepted an item of urgent business on to the agenda. She explained that item for discussion involved the two specific financial aspects of the invalid call-in regarding ‘E2900 Getting Around Bath Transport Strategy’. These relate well to the panel’s remit and given the urgency, together with the level of interest, she as Chairman had agreed that they should be discussed.  She also emphasised that the discussion would not involve a consideration of the strategy or the East of Bath Park and Ride options. These would be on a Cabinet agenda in the early part of the new year. She asked all present to keep their remarks relevant to the agenda and the Panel remit.

Andrew Pate, Strategic Director for Resources and Tim Richens, Divisional Director for Business Support and 151 officer introduced the item. It was explained that there are numerous examples of projects where provisional approval is converted into full approval. It was explained that this process is set out and is commonly done through the Single Member Decisions. Regarding risk, it was confirmed that it is appropriate for the decision maker to consider the risks involved and take them into account. This has been done.  Following a question, the Strategic Director explained that paragraph 5.8 in the panel’s paper refers to the reversion risk.

Councillor Furse stated that it could be seen as suspicious that every draw down of money is a tranche of £300k and maybe above this level would bring scrutiny. He asked how much had already been spent. The Divisional Director confirmed that of the £1.1M budget £941k has been contractually committed and that the fact that each tranche of draw down had a similar value had no specific relevance. Councillor Furse asked if the Cabinet had overcommitted themselves before the extra £300k. The Divisional Director explained that transport officers had advised that £300k was the additional sum needed to facilitate the Cabinet decision. The Strategic Director for Place explained that the aim had been to get to a position where the cabinet member did not need to request more financial approvals but instead could progress to a decision report in the new year. Councillor Barrett asked how much has been spent on public consultation on the sites. The Strategic Director for Place explained that an element of the expenditure was on the Scrutiny Inquiry Day and the LDF work.

Councillor Jackson stated that the issue is complex but that the process must be transparent for residents and it is good that the issue is being given a good amount of scrutiny. She further explained that when members criticise the process, it is not a personal criticism of officers.

Councillor Furse asked if the Heritage Impact Assessment was part of the cost so far. The Strategic Director for Place explained that all sites have now had Heritage Impact Approval and she has a further meeting with Historic England next week. The Strategic Director for  ...  view the full minutes text for item 40.

·  Councillor Karen Walker made a statement to the Panel regarding the budget and Peasedown St John. A copy of the statement is appended to these minutes.

The Panel and Cabinet member for Efficiency and Finance noted the statement.

·  Nicolette Boater made a statement to the Panel regarding ‘The adequacy of Overview and Scrutiny with respect to current and future challenges’. The Panel also noted Nicolette Boater’s question and the answer provided. A copy of the statement and of the question and answer is attached to these minutes.

The Panel and Cabinet Member for Efficiency and Finance noted the statement.

·  Christine Boyd made a statement to the Panel regarding the East of Bath Park and Ride. She stated that nobody had made a formal decision to approve a Park and Ride or identified a need for it yet a large amount of money has been spent. She urged the Cabinet members to produce a fully costed report. A copy of the statement is appended to these minutes.

The Chair stated that the Panel will take her comments into account in consideration of this item on the agenda.

·  Annie Kilvington made a statement to the Panel regarding the East of Bath Park and Ride. She stated that large sums of money had been spent delivering a commercial agenda and asked for transparency on this spend. A copy of the statement is appended to these minutes.

The Chair stated that the Panel will take her comments into account in consideration of this item on the agenda. Ms Kilvington questioned why any Panel concerns are sent to the Cabinet Member for Transport, she stated that this is not appropriate. The Monitoring Officer, Maria Lucas explained that this is how Scrutiny works and set out in legislation.

·  Sian James made a statement to the Panel regarding the East of Bath Park and Ride. She spoke about the risk on this project and asked what would be cut to pay for the work done on it so far. She asked if the Panel had seen the Risk Register and stated that the risk of reversion is real. The Strategic Director for Resources explained that the Panel does not routinely see the Risk Register and that Corporate Audit Committee would have sight of it.

The Chair stated that the Panel will take her comments into account in consideration of this item on the agenda.

·  Councillor Rayment made a statement to the Panel. He questioned why the recent call-in was judged invalid by unelected officers. He thanked the Chair for taking this item but stated that the call-in should not have been judged invalid and that this represented an attack on democracy. He stated that the Labour and Liberal Democrat Groups will not stand for this and urged other groups to join them in order that the call-in system be effective.

The Monitoring Officer explained that Group Leaders will be asked to clarify the Constitution in relation to future call-in requests. She further explained that the call-in  ...  view the full minutes text for item 41.

A report is attached on 2016/17 Budget Monitoring and the Progress with Strategic Review Implementation. The recent Cabinet report is attached as an appendix.

Tim Richens, Divisional Director for Business Support introduced the report.

Panel members made the following points and asked the following questions:

Councillor Furse mentioned three aspects of the report; he noted the income from the Thermae Spa; he asked about the payroll shortfall and about the overspend on SEN home to school transport. The Cabinet Member for Finance and Efficiency, Councillor Charles Gerrish explained that regarding payroll, the technical project known as ITrent did not create the planned saving in the timescale that was envisaged. He explained that part of the income from the Spa was due to a one off payment. Regarding SEN transport, he explained that schools within the authority are oversubscribed so there are more children being taken to schools outside the authority.

Councillor Barrett asked to be sent the business plan for two weekly waste collections. The Cabinet Member explained that there is no business case yet as the process does not start until next year. Councillor Barrett asked to be sent the business plan when it is produced and asked for it to come to this Panel. The Strategic Director explained that it would normally go to the Communities, Transport and Environment Panel if requested and in any case this would be part of the Budget Report for next year which would be brought to this Panel.

Councillor Jackson asked about Adult Social Care. The Cabinet Member stated that there was additional funding from the 2% Council Tax ‘precept’ last year.

Councillor Becker as about the overspend on Community Services. The Cabinet Member explained that the reason is that the tenders for getting rid of waste came in higher than expected.

Councillor Barrett asked how much the Council are getting for recycling this year. The Cabinet Member explained that part of the contract with Keir enables them to sell the recycling and they take the return on the sale.

Councillor Jackson stated that the reason for the underspend in the housing and planning is because the Development Management and Enforcement Team have won every appeal in the last 12 months.

Councillor Furse asked about the cost of the relocation of the street cleaner depot. The Cabinet Member explained that this cost also relates to the planned move to Pixash.

There will be a presentation at the meeting on the Commercial Estate. Presentation slides and an appendix are attached.

Derek Quilter, Divisional Director Property and Project Management gave a presentation to the Panel which covered the following:

·  Overview of the Commercial Estate

·  Key Facts

·  Gross Income Growth (Including Acquisitions)

·  Gross Income Growth (Excluding Acquisitions)

·  Breakdown of portfolio by type

·  Property types

·  Commercial Estate Ownership – Bath

·  Interesting facts

·  Current Commercial Estate Objectives

·  Statutory powers

·  Performance of the Commercial Estate

·  Performance

·  Gross Revenue Return Performance

·  Rent Arrears

·  Voids

·  Management Cost

·  Management Team of the Commercial Estate

·  Internal Staffing

·  Critical Partner

·  Acquisitions and Estate Development

·  Acquisition and Restructures

·  Office Development – BQS

·  Major Commercial Estate Development

·  Investment Funding

·  Emerging Strategy for the Commercial Estate

·  Context – Strategic Review Targets

·  Performance Targets

·  Existing Estate Management

·  Acquisition – future approach

·  Commercial Estate Objectives

Panel members made the following points and asked the following questions:

Councillor Barrett asked about the residential section and asked how many properties have been purchased, for how much and what is the income. The officer explained that 15 properties have been transferred to ADL. He added that ADL are producing a business plan that could come to this Panel if requested. He also indicated that Commercial Estate is nevertheless separate from ADL and this needs to be understood as the distinction is important, each having separate governance and objectives.

Councillor Pearce asked if the Council operates on a level playing field with other commercial landlords. The Strategic Director explained that the Council are subject to FOI requests, procurement rules and public scrutiny but that the Council’s tax status is beneficial as is its ability to borrow at exceptionally low rates.

Councillor Furse stated that diversity in the city centre estate is good, the Council should value diversity and local businesses.

Councillor Goodman asked David Stubbs – BNP Paribas if this report is the same as the one that came to the Panel in July. David Stubbs explained that it is a different report addressing different issues. The Strategic Director explained that the report that was brought to the Panel in July was written by officers, informed by work with BNP Paribas and 10% of the report was not included as there were references that were not suitable for publication. He further explained that today the Panel have an updated report which responds to requests for a lot of background information so there is more detail in this report. Councillor Goodman stated that the Panel do not have the full original report that he requested in July. He asked David Stubbs how the department could get the higher figure. David Stubbs explained that the Council could always do better and the key to future success is that targets should be constantly challenging. He explained that there is a big difference in the private sector as there are shareholders and drivers that are hard to inject into the Property department of a local authority. He explained that Shaftsbury Estate is a good exemplar.

Councillor Paul May, Cabinet Assistant (Finance and Efficiency) stated that we are a fortunate local authority to  ...  view the full minutes text for item 44.

The Cabinet Member will update the Panel on any relevant issues. Panel members may ask questions on the update provided.

The Cabinet Member for Finance and Efficiency Councillor Charles Gerrish stated that he had mainly been working on the budget.

This report presents the latest workplan for the Panel. Any suggestions for further items or amendments to the current programme will be logged and scheduled in consultation with the Panel’s Chair and supporting officers.

The Panel noted the workplan with the following additions:

·  Commercial Estate Property Strategy

It was noted that the Chair and Strategic Director would meet to discuss the workplan and feed back to the Panel.