Agenda and minutes

The Chair welcomed everyone to the meeting.

The Chair will draw attention to the emergency evacuation procedure as set out in the Notes

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.

Questions submitted before the deadline will receive a reply from an appropriate Cabinet member or a promise to respond within 5 days of the meeting.  Councillors may ask one supplementary question for each question they submitted, up to a maximum of two per Councillor.

There were 12 questions from Councillors.

[Copies of the questions and responses, including supplementary questions and responses if any, have been placed on the Minute book as Appendix  and are available on the Council's website.]

Councillors and members of the public may register their intention to make a statement if they notify the subject matter of their statement before the deadline.  Statements are limited to 3 minutes each.  The speaker may then be asked by Cabinet members to answer factual questions arising out of their statement.

Councillor Dine Romero read out a statement on behalf of David Redgewell who expressed his concern on bus services cuts and asked where and when public consultation on this matter would be held.  David Redgewell also said that WECA Mayor should have his say on this matter and asked if bus subsidies could be found via parking charges.

Nigel Sherwen (Camden Residents’ Association) read out a statement [a copy of which is attached to the Minutes as Appendix and on the Council's website] where he asked the Cabinet to consider their report on Traffic Congestion and Poor Air Quality in Bath.  Nigel Sherwen gave a copy of the report to Councillor Mark Shelford.

Councillor Richard Samuel (Walcot Ward Councillor) praised the work of the Camden Residents’ Association and invited the Cabinet to examine this report and engage with residents.

Councillor Karen Walker gave a statement where she asked the Cabinet to consider the following ‘wish list’ for Peasedown St John Ward as part of the Budget:

·  £30k for play-park improvements

·  £10k for 20mph speed limit implementation in Carlingcott

·  £40k for Lower Peasedown Rd resurface

·  £100k for A367 Peasedown bypass resurface

·  £75k for Braysdown Lane resurface

Councillor John Bull gave a statement where he said that Parking Strategy was more like Car Park Charging Strategy.  Councillor Bull felt that the CTE PDS Panel had not had an opportunity to look at final proposals in the Strategy and that comments from one of the previous Panel meetings, during early stages of consultation on the Strategy, had not been investigated or taken on board.

RESOLVED that the minutes of the meeting held on Wednesday 23^rd November 2017 be confirmed as a correct record, subject to the correction of a few typos, and signed by the Chair.

RESOLVED that the minutes of the meeting held on Wednesday 6^th December 2017 be confirmed as a correct record and signed by the Chair.

</AI8>

<AI9>

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

This is a standing agenda item (Constitution rule 14, part 4D – Executive Procedure Rules) for matters referred by Policy Development and Scrutiny bodies.  The Chair of the relevant PDS Panel will have the right to attend and to introduce the Panel’s recommendations to Cabinet.

Councillor Sarah Bevan, Chair of the Resources PDS Panel, read out the following statement:

‘At Resources PDS panel on Monday 5^th February we discussed the Cabinet’s proposed budget after receiving an overview from Donna Parham and Andrew Pate.

As you will all be aware the panel aims to scrutinise objectively as far as possible and leave political comments for political groups to raise separately.

I’m presenting the following comments as the view of the panel as a whole:

The clarity of the report was welcomed. There was a significant level of questioning and key themes were:

• This year’s spending above budget and future implications
• Levels of risk in the various budget proposals
• The potential impact on equalities issues
• The impact on the Council’s workforce
• Definitions of ‘critical services’, ‘front line’ etc
• The use of delegated powers

More specifically it was requested that the use of delegation to officers? was reviewed and the Cabinet member undertook to report back on this and consider alternatives prior to Cabinet?.

Specific issues raised included:

• Why the Council Tax increase was below the referendum level
• The rationale for the profit share renegotiation for the Spa
• Why delegated powers were planned to be used to:
  • Extend the TDC lease
  • Use the invest to save reserve
  • Fund the Leading Together change programme.

The relevant portfolio holders had explained the issues including:

• The benefits from a thorough review and rebasing of budgets to remove legacy issues which gave rise to some previous budget inaccuracies
• That budgets were now much tighter with minimal scope to offset any sending above budget elsewhere
• The need for adequate reserves and a budget contingency provision
• That equalities work was an ongoing part of the process and issues could continue to be highlighted
• That workforce reductions were significant for the CEO to manage and phased to help minimise their impact on services
• That definitions of what was critical would be kept under review and considered as part of the workforce change process. There will be an update on this at March PDS Resources
• That an update from the portfolio holder would be forthcoming at Cabinet on use of delegated powers

I’d like to thank the panel for their hard work scrutinising the budget. It was a constructive meeting and looked at a lot of detail. The minutes are available for anyone who wishes to study this in advance of Council.

I’d also like to thank officers for their support and explanations.’

The Leader of the Council thanked Cllr Bevan on her statement.

.

A list of Cabinet Single Member decisions taken and published since the last Cabinet meeting to note (no debate).

The Cabinet agreed to note the report.

This report:

(1)  Outlines the development of a new Parking Strategy and steps taken to reach a final draft of the document. The Parking Strategy seeks to be in line with all other relevant Council policies and provides a strategic framework against which future decisions may be made.

(2)  Outlines the development of a new Coach Park at Odd Down Park & Ride to complement the Council’s Placemaking Plan and to enable the regeneration of Avon St coach and car park into Bath Quays North.

(3)  Outlines the parking charge proposals, developed in line with the outcomes from the Parking Strategy, to be promoted through the necessary statutory process.

Sian James read out her statement [a copy of which is attached to the Minutes as Appendix and on the Council's website] where she expressed her concerns about the Strategy, in particular an impact that short stay car parking would have on air pollution.

Sian James read out a statement on behalf of Fiona Powell [a copy of which is attached to the Minutes as Appendix and on the Council's website] where she expressed her concerns about the Strategy, in particular on lack of detail on car volumes and movements.

Christine Boyd read out her statement [a copy of which is attached to the Minutes as Appendix and on the Council's website] where she highlighted outcomes of the Charlotte Street Car Park survey conducted by her and another resident.

Andrew Lea addressed the Cabinet by saying that the Cabinet should not make the decision based on inaccurate information.  Andrew Lea also said that Park and Rides were at its maximum capacities only during peak times at Christmas period.

Annie Kilvington read out her statement [a copy of which is attached to the Minutes as Appendix and on the Council's website] where she said that residents should not be rewarded by driving to Bath and parking on a short stay basis, and why the Council did not asked DEFRA for comment.

Patrick Rotheram (FOBRA) read out his statement [a copy of which is attached to the Minutes as Appendix and on the Council's website] where he said that the Council had been mandated to bring air pollution below the legal limit as soon as possible.  Although FOBRA had supported increased long-term car park charges to encourage commuters to use the Park and Ride, they felt that reducing car park charges for B&NES residents would encourage more local traffic and could well cancel out any reduced commuter use.

Councillor Richard Samuel made an ad-hoc statement where he said that residents would want to see an improvement in air quality, and this Strategy would take the Council backwards in terms of achieving its goals.  Councillor Samuel expressed his concerns that key recommendations from the CTE PDS Panel had not been taken into account.

Councillor Dine Romero made an ad-hoc statement where she said that short term car park pricing would not benefit the residents and it would increase air pollution.

Councillor Paul Crossley made an ad-hoc statement where he said that the Strategy would not put the residents first.  The Council should encourage reduction in car usage, reduction in air pollution, repair the potholes and encourage bus use.  Councillor Crossley urged the Cabinet to reject proposals.

Councillor Alison Millar made an ad-hoc statement where she said that the Council should stop encouraging car use as residents’ health was at risk.  Councillor Millar asked the Cabinet to promote bus use and consider funding bus subsidy.

Councillor Mark Shelford thanked all officers for their hard work on this issue.  Councillor Shelford also thanked Camden  ...  view the full minutes text for item 176.

To use the Council’s power as a billing authority to reduce to nil the amount of council tax payable by young people leaving care, and to apply a 25% discount to council tax payers acting as foster carers, as permitted by section 13A of the Local Government Finance Act 1992 from 1 April 2018.

The details relating to the eligibility and application process are covered in the Schemes as set out in the report.

Councillor Liz Hardman made an ad-hoc statement by welcoming this report which came as a result of Labour Group motion agreed at Full Council in September 2017 and an amendment put by Conservative Group at the same meeting.  Councillor Hardman also said that she was under impression that it would be full Council Tax Discount for this category and asked for a clarification on that matter.

Councillor Alison Millar made an ad-hoc statement by welcoming comments from Councillor Hardman and asked for a cost comparison on what impact 100% discount would have on the Council.  Councillor Millar also said that the Council had constantly advertised for foster carers and this would be a massive incentive for them.  Councillor Millar concluded her statement by endorsing the paper and said that she was proud that BANES Council would join other Councils who had already started similar Council Tax Discount schemes.

Councillor Charles Gerrish introduced the report by saying that at September 2017 Full Council meeting the Cabinet was asked to consider a discount for care leavers and foster carers.  The work on this matter had been completed and the Budget report would give more details on exact figures.  Councillor Gerrish also said that his recollection was that the motion had asked for a discount, and not a full discount, hence why Council Tax discount for care leavers and foster carers is 25%. 

Councillor Charles Gerrish moved the recommendations.

Councillor Paul May seconded the motion by thanking Labour group for putting this motion forward at September 2017 Full Council.  Councillor May also said that this was an important issue which would show that the Council would be supporting those who were most vulnerable.

Councillor Vic Pritchard commented that this was fine example showing that Members of the Council could work together, no matter what political party they were from.  Councillor Pritchard also said that if this was agreed then the Council may be able to raise the level of discount for care leavers and foster carers.

RESOLVED (unanimously) the Cabinet agreed:

2.1  That a class of reduction will be applied in accordance with the Bath & North East Somerset Care Leaver Relief Scheme detailed in the report.

2.2  That a class of reduction will be applied in accordance with the Bath & North East Somerset Foster Carers Relief Scheme detailed in the report.

</AI13>

<AI14>

In February 2012 the Council adopted the 2011 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 2017/18 for the first nine months of 2017/18.

Councillor Gerrish introduced the report by saying that the average rate of investment return for the first nine months of 2017/18 was 0.27%, which was 0.06% above the benchmark rate.  The Council’s Prudential Indicators for 2017/18 were agreed by Council in February 2017 and performance against the key indicators had been shown in Appendix 1 of the report.  All indicators were within target levels.

Councillor Charles Gerrish moved the recommendations.

Councillor Paul Myers seconded the motion by saying that the Council’s lending and borrowing list had been regularly reviewed during the financial year and credit ratings were monitored throughout the year

RESOLVED (unanimously) the Cabinet agreed that:

2.1  The Treasury Management Report to 31st December 2017, prepared in accordance with the CIPFA Treasury Code of Practice, is noted;

2.2  The Treasury Management Indicators to 31st December 2017 are noted.

In February 2012, the Council adopted the revised CIPFA Treasury Management in Public services Code of Practice 2011 Edition, which requires the Council to approve a Treasury Management Strategy before the start of each financial year and for this to be scrutinised by an individual / group of individuals or committee.

In addition, the Department for Communities and Local Government (CLG) 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.

Councillor Paul Crossley made an ad-hoc statement where he had praised team of financial officers for their outstanding work in terms of managing Council’s investments and for giving priority to the security and liquidity of those investments.  Councillor Crossley expressed his concern down to increasingly uncertain times, such as Brexit, ‘Trump trade’ effect and to a high risk of conflict between some countries which would may have an impact on future investments, and asked the Cabinet to consider working with wider range of international banks.

Councillor Charles Gerrish replied that Council’s lending and borrowing list was regularly reviewed during the financial year and that credit ratings were monitored throughout the year.

Councillor Charles Gerrish introduced the report by saying that the Local Government Act 2003 requires the Council to ‘have regard to’ the Prudential Code and to set Treasury Indicators for the next three years to ensure that the Council’s capital investment plans are affordable, prudent and sustainable.  The Act therefore requires the Council to set out its treasury strategy for borrowing and to prepare an Investment Strategy; this sets out the Council’s policies for managing its investments and for giving priority to the security and liquidity of those investments.  The suggested strategy for 2018/19 in respect of the following aspects of the treasury management function was based on the Treasury Officers’ views on interest rates, supplemented with leading market forecasts provided by the Council’s treasury advisor, Arlingclose.

The Strategy Statement for 2017/18 set Treasury Indicators for 2017/18 – 2019/20, which included a total borrowing requirement at the end of 2017/18 of £308 million.  At the end of December 2017, external borrowing was at £176.9 million, which may increase before the end of the 2017/18 financial year should a review of the Council’s cashflow and capital investment decisions highlight additional borrowing was required. The level of borrowing was in line with the policy of utilising internal cash to reduce net borrowing costs and investment counterparty risk.

Councillor Charles Gerrish moved the recommendations.

Councillor Paul May seconded the motion by saying that he was pleased that all lending and borrowing transactions were within approved limits and with approved institutions. 

RESOLVED (unanimously) the Cabinet agreed to:

2.1  Recommend the actions proposed within the Treasury Management Strategy Statement (Appendix 1) to February Council.

2.2  Recommend the Investment Strategy as detailed in Appendix 2 to February Council.

2.3  Note the Treasury Management Indicators detailed in Appendix 1 and delegate authority for updating the indicators prior to approval at Full Council on 13th February 2018 to the Chief Finance Officer and Cabinet Member for Finance & Efficiency, in light of any changes to the recommended budget as set out in the Budget Report elsewhere on the agenda for this meeting.

2.4  Note that any comments made by the Corporate Audit Committee at their meeting on the 8th February 2018 will be reported to Full Council on 13th February 2018.  

This report presents the financial monitoring information for the Authority as a whole for the financial year 2017/18 to the end of December 2017.

Councillor Paul Crossley made an ad-hoc statement where he said that Transport and Environment portfolio forecast was £97k overspend although the Cabinet made a decision earlier to cut revenue in this area.

Councillor Richard Samuel made an ad-hoc statement by saying that the overspend was £3.4m with £350k savings made, which still makes the total overspend of over £3m.  Councillor Samuel felt that this was a poor financial report with likelihood for tax increases, mass redundancies and cuts in services for residents.

Councillor Robin Moss asked why there was no link between supply and demand in Adult Social Care.

Councillor Charles Gerrish responded that the revenue in Transport and Environment portfolio would increase and that the Council had had issues with supply in Adult Social Care.

Councillor Charles Gerrish introduced the report by saying that the Budget Management Scheme had required that the Cabinet consider the revenue and capital monitoring position four times per year.  Divisional Directors had been asked to outline the actual expected outturn for the year and the reasons to date for over / under budget forecasts. For revenue budgets which were forecast to be over budget, the Divisional Directors were expected to seek compensating savings to try and bring budgets back to balance.  The current year-end forecast was an over budget position of £3,396,000 which equates to 0.94% of gross budgeted spend (excluding Schools).  Appendix 1 sets out the detail for each Portfolio of the current position on Council spending, and the forecast outturn for 2017/18.  This was an improvement of £355,000 compared to the position previously reported based on the period to the end of October 2017.  The financial strategy, presented in October 2017 outlines how these pressures would be addressed over the short to medium term. Strategic Directors had agreed measures to reduce and mitigate this position, as set out in the report.

Councillor Charles Gerrish moved the recommendations.

Councillor Tim Warren seconded the motion by saying that the officer would develop an action plan to continue to work towards managing the budget in each service area.

Councillor Paul May highlighted high demand of services within Children and Young People portfolio.

RESOLVED (unanimously) the Cabinet agreed that:

2.1  Strategic Directors should continue to work towards managing within budget in the current year for their respective service areas and develop an action plan of how this will be achieved, including not committing any unnecessary expenditure and stringent budgetary control.

2.2  This year’s revenue budget position as shown in paragraph 5.3 is noted.

2.3  The mitigations that will be required shown in paragraph 5.8, if the over budget position cannot be reduced by the end of the financial year, are noted.

2.4  The capital year end forecast detailed in paragraph 5.18 of this report, is noted.

2.5  The revenue virements listed for approval in Appendix 2(i) are agreed, and those listed for information are noted.

2.6  The changes in the capital programme listed in Appendix 3(i) are noted.

2.7  That £75,000 of  ...  view the full minutes text for item 180.

This report presents the revenue and capital budgets for 2018/19 together with proposals for Council Tax and Adult Social Care Precept for 2018/19.

Councillor Dine Romero made an ad-hoc statement where she expressed concerns from the Liberal Democrat group that the Cabinet did not recognise what was important when setting the Budget proposals.  Councillor Romero felt that services around improving chances for children and young people, helping vulnerable and keeping people healthy and safe would be lost because the Cabinet had spent money on other projects such as Park and Ride, Bath Library and the Metro Mayor.  Councillor Romero concluded that the Council should not cut from children and library services.

Councillor Paul Crossley made an ad-hoc statement where he suggested that decision to cut from Grand Parade and Undercroft funding was a bad decision and also that £4.273m allocated funding for West of England Combined Authority should be scrapped.

Councillor Joe Rayment made an ad-hoc statement where he welcomed proposed amendment in wording for recommendation 2.1.c. However, Councillor Rayment felt that Members of the Council could not see the complex formulae used to calculate the lease and felt that the Council would get better return in short term but not in the long term.  Councillor Rayment also felt that it was not democratic that some of the recommendations were delegated to the Chief Executive and not to the Cabinet or Single Members.

Councillor Robin Moss made a statement where he said that Labour group would give their comments and ask questions at the Full Council meeting on 13th February 2018.  Nevertheless, Councillor Moss said that he was concerned with only 4.95% increase in Council Tax when the Council could set an increase to 6%.  Councillor Moss asked if the discussion between the Council and Government would be available for inspection, why the Council would not consider in-house provision of Adult Social care and how cuts in essential services to most vulnerable would have detrimental impact on services users in long term.

Councillor Eleanor Jackson made an ad-hoc statement by expressing her concerns on youth programme provision.  Councillor Jackson also said that according to a survey from few years ago 75%of young people wanted to stay in the area, though the latest survey had suggested that the same percentage now want to leave the area down to a lack of affordable housing.  Councillor Jackson asked the Cabinet if they could use their powers to increase affordable housing in the area.

Councillor Charles Gerrish responded to Budget issues raised by Councillors.  Councillor Gerrish said that Grand Parade matter went to Scrutiny before the Cabinet made its final decision and unfortunately the business case for this project did not stack up.  The Council had to balance an increase in Council Tax rates and 4.95% increase had been seen as the most appropriate.  In terms of the social care – the voluntary sector had shown readiness to work with the Council to provide services for those in greatest need.  The Council would be working with the YMCA in terms of provision of affordable housing for young people.  Some issues that had been raised at the  ...  view the full minutes text for item 181.

This is the third update of the Heritage Services five-year Business Plan 2015-2020 that was approved by Cabinet in February 2015. It covers the five financial years from 2018/19 to 2022/23 and has been prepared following the annual in-depth review of business activity. The revised Plan includes an analysis of the risk involved.

Councillor Paul Crossley, in an ad-hoc statement, welcomed the report and asked if it would be possible to explore where visitors from coached based tourism and family based tourism mostly go and which sites they mostly visit.

Councillor Paul Myers replied that he would be discussing that matter with officers.

Councillor Paul Myers introduced the report by saying that this was the third update of the Heritage Services five-year Business Plan 2015-2020 that was approved by Cabinet in February 2015.  The update covered the five financial years from 2018/19 to 2022/23 and had been prepared following the annual in-depth review of business activity.  The revised Plan included an analysis of the risk involved. In September 2004 the then Council Executive had decided that Heritage Services should be retained as an in-house service and should operate as a business unit with substantially improved operating arrangements focused upon:

-  Sustaining and improving the annual profit generated for the Council;

-  Improving the visitor experience; and

-  Conserving the historic assets for present and future generations to enjoy.

Following this approach, annual profit to the Council had grown by 214% in the years from 2005/06 to 2017/18.

The approved operating arrangements included the introduction of rolling 5-year profit targets for the Service, to be set by Council and included in the Corporate Financial Plan, with financial performance presented in fully inclusive accounts outside normal local authority conventions. This operating model ensured that a holistic approach had been taken to decision-making and that all resources required to sustain and generate income flows were fully aligned. As a business unit working to business principles already approved by the Council, Heritage Services had absorbed all costs, including those cost increases that were funded corporately for all other Council services.

Councillor Paul Myers moved the recommendations.

Councillor Mark Shelford seconded the motion by welcoming the report and congratulated to the whole team on their hard work. 

RESOLVED (unanimously) the Cabinet agreed to:

2.1  Approve the Heritage Services Business Plan 2018-2023 (“The Plan”);

2.2  Confirm that it wishes Heritage Services to continue to work to the business principles agreed by the Council Executive in 2004, as amended.