BATH AND NORTH EAST SOMERSET COUNCIL

MINUTES OF COUNCIL MEETIN

Thursday 14^TH July 2005

PRESENT -: Councillors: Hattie Ajderian, John Bailey, Tim Ball, Sharon Ball, Brian Barrett, Colin Barrett, David Belloti, Sarah Bevan, Loraine Brinkhurst, Bryan Chalker, Gail Coleshill, Tony Cox, Chris Cray, Paul Crossley, Gerry Curran, Chris Dando, Colin Darracott, Sally Davis, Matt Davis, Gitte Dawson, Ian Dewey, David Dixon, Peter Edwards, Andy Furse, Phyllis Gay, Jonathan Gay, Charles Gerrish, Francine Haeberling, Malcolm Hanney, David Hawkins, Steve Hedges, Lynda Hedges, Adrian Inker, Sir Elgar Jenkins OBE, Mike Kelleher, Keith Kirwan, Jane Lewis, Shaun McGall, Marian McNeir, Peter Metcalfe, Nicole O'Flaherty, Carol Paradise, Betty Perry, Vic Pritchard, Michael Ringham, Caroline Roberts, Nigel Roberts, Shirley Steel, Roger Symonds, Rosemary Todd, Martin Veal, Tim Warren, Chris Watt, Sarah Webb, Brian Webber, Stephen Willcox, Leila Wishart and Gordon Wood

Apologies for absence: Councillors Marie Brewer, Tim Bullamore, Hilary Fraser, Ruth Griffiths, Les Kew, Bryan Organ and Dine Romero

1 EMERGENCY EVACUATION PROCEDURE

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

2 MINUTES

RESOLVED that the minutes of the meeting held on Thursday 12^th May 2005 be confirmed as a correct record and be signed by the Chair(person).

3 DECLARATIONS OF INTEREST

Interests were declared as follows:

Councillor Malcolm Hanney - personal non-prejudicial interests as Chair of the Bath and North East Somerset Primary Care Trust in items 10 (Youth Justice Plan); 14 (Report of the Council Executive); 16 (Review of Council Organisational Structure). In item 12 (motion on licensing policy) Councillor Hanney declared a personal non-prejudicial interest as his wife was employed as a solicitor specialising in licensing law and working with clients in Bath and North East Somerset and indicated that, although not required to do so, he would withdraw from the meeting for that item.

Councillor Jonathan Gay - personal and prejudicial interest as Chair of the Bath Recreation Ground Trust in the public submissions about the Recreation Ground made under item 7 - Councillor Gay indicated that he would take no part in discussion on that part of the item.

Councillor Gerry Curran - personal non-prejudicial interest as a member of the Bath Recreation Ground Trust in the public submissions about the Recreation Ground made under item 7.

Councillor Sir Elgar Jenkins - personal non-prejudicial interest as a member of the Bath Recreation Ground Trust in the public submissions about the Recreation Ground made under item 7.

Councillor Nicole O`Flaherty - personal non-prejudicial interest as a ticketholder of Bath Rugby Club and organiser of some events on the Bath Recreation Ground in the public submissions about the Recreation Ground made under item 7.

The following Councillors declared personal non-prejudicial interests as ticketholders of Bath Rugby Club in the public submissions about the Recreation Ground made under item 7: Councillors Tim Ball, Paul Crossley, Colin Darracott, Shaun McGall, Caroline Roberts, Roger Symonds and Tim Warren.

Councillor David Hawkins - personal non-prejudicial interest as the Council`s representative on the Somerset County Cricket Club in the public submissions about the Recreation Ground made under item 7.

4 ANNOUNCEMENTS FROM THE CHAIR OF THE COUNCIL OR FROM THE CHIEF EXECUTIVE

The Chairman expressed sympathy to the victims of the London bombings on 7 July and to their families and all present stood in silence as a mark of respect.

The Chairman:

• Congratulated Councillor Dine Romero on the birth of her son Dylan on 7 July;
  
• Asked Council to note that she had written to Lord Coe to congratulate the British team on their successful bid to bring the Olympics to London in 2012;
  
• Congratulated Mr Steve Howell, Head of Transportation, Access and Waste Management on his promotion to a senior post with Oxfordshire County Council;
  
• Reminded Councillors of the new speaking time limits: 5 minutes maximum for the mover of a motion; 3 minutes maximum for all other speakers.
  
• Asked for the Council`s support in managing the agenda carefully because of the heavy volume of business and requested speakers to keep their contributions short and to the point.
  
• Announced that there would be a comfort break at around 8pm (if the meeting did not appear likely to finish soon after).

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

There were no items of urgent business.

6 PETITIONS, STATEMENTS, DEPUTATIONS AND QUESTIONS FROM THE PUBLIC

Mr Steve Pillinger presented a petition about addressing the absence of street lighting in Eckweek Gardens, Peasedown St John. Mr Pillinger was thanked for his petition which was referred to the Executive Member for Transport and Highways.

Mr Worthy Gilson, Mr Anthony Hooper and Mrs Barbara Ferol on behalf of the Friends of Bath Residents Recreation Ground made statements on their concerns about the management of the Recreation Ground by the Council. A copy of the statements is held on file in the minute book.

In response to questions from Councillor Paul Crossley the speakers indicated that -the membership of their association stood at several hundred and any resident could become a member; it was established with the co-operation of a former Environmental Director of the Council and was not formally constituted so there was not a requirement to publish minutes of meetings; the last meeting was held fairly recently and they could confirm details of the date and attendance in writing if requested.

Three questions from Mr Chris Benson on behalf of Bath Friend of the Earth were circulated and the Executive Member for Sustainability and the Environment indicated that he would receive written answers to these within five working days from this meeting.

Written statements about the Local Transport Plan from Mr Adrian Tuddenham on behalf of Trams for Bath and Ms Susan Dawson were circulated and noted.

These are held on file in the minute book and published on the Council's website.

Major Tony Crombie made a statement urging the Council to adopt a special saturation policy on licensing for Bath city centre to recognise the cumulative impact of licensed premises concentrated in the area. In response to a question from Councillor Matt Davis, Major Crombie indicated that, notwithstanding his comments in his statement about objectors to license extensions not being listened to, he did not consider himself debarred from making such objections where he considered it appropriate. He was thanked for his statement which it was agreed would be taken into account in consideration of the motion on a special saturation policy (item 12).

Mr Chris Benson on behalf of Bath Friend of the Earth made a statement about sustainable decision-making in the context of the motion on this (item 13). A copy is held on file in the minute book and published on the Council's website. He was thanked for his statement which it was agreed would be taken into account in consideration of the motion.

7 PETITIONS, STATEMENTS, DEPUTATIONS AND QUESTIONS FROM COUNCILLORS

There were ten questions from Members of the Council as listed in the Annex to these minutes. All the questions and supplementary questions asked and answers given at the meeting or subsequently in writing, are held on file in the minute book and published on the Council's website.

8 PROVISIONAL JOINT LOCAL TRANSPORT PLAN 2006-2011 AND MAJOR SCHEME BIDS (Report 9).

The Council considered a report recommending the approval of the Provisional Joint Local Transport Plan and Major Scheme bids prepared for submission to Government by the four unitary authorities of Bath and North East Somerset, Bristol City, North Somerset and South Gloucestershire.

On a proposal from Councillor Sir Elgar Jenkins Haeberling seconded by Councillor Caroline Roberts it was RESOLVED that:

(1) The Provisional Joint Local Transport Plan 2006-2011 and Major Scheme Bid be submitted to Government.

(2) This Council expresses the following concerns to elected Members and Officers involved in the Joint Local Transport Plan and West of England Partnership/ Sub-Regional Spatial Strategy:

(a) There is insufficient consideration between the timescales for proposed house building in the sub-region with improvements to road and public transport infrastructure.

(b) Without significant improvements in transport infrastructure and maintenance of the network, Bath and North East Somerset would be unable to absorb the scale of proposed house building in line with the numbers currently being considered by the West of England Partnership.

(c) The timescale for completing further ring road measures to the south of Bristol is unacceptably long.

(d) Proposals for the reduction of rail services, particularly between Keynsham/ Oldfield Park/Freshford and Bristol, as part of the forthcoming franchise process run contrary to the aims and objectives of the Joint Local Transport Plan.

(e) The impact of the expansion of Bristol International Airport and its effect on the towns and villages in Bath and North East Somerset needs greater consideration.

(f) There is insufficient attention given to improving rural accessibility.

(Note: Paragraph (2) above was added on an amendment from Councillor Peter Edwards and the wording underlined within it on an amendment from Councillor Peter Metcalfe both of which were accepted by the proposer and seconder.)

9 ANNUAL YOUTH JUSTICE PLAN (Report 10).

The Council considered a report recommending approval of the Youth Justice Plan 2005-6 in fulfilment of Section 40 of the Crime and Disorder Act 1998.

During debate on this item Councillor Keith Kirwan requested that the Corporate Audit Committee be given the opportunity to examine the detailed audit arrangements for this Plan. The Chief Executive undertook that the Strategic Director, Social and Housing Services would arrange for this to take place.

On a proposal from Councillor Vic Pritchard seconded by Councillor Jonathan Gay it was RESOLVED that the Council:

(1) Approves the Youth Justice Plan as part of the Policy and Budget Framework.

(2) Approves the Youth Justice Plan 2005-6 in fulfilment of Section 40 of the Crime and Disorder Act 1998.

(3) Refers the process for preparing the Youth Justice Plan to the Housing Community Safety Overview and Scrutiny Panel to investigate ways in which there can be greater local political accountability in the preparation of future Plans.  Additionally, Council requests the Panel to produce recommendations for the monitoring of the Plan delivery and to ensure that the Responsible Authorities Group are made aware of their relationship to the Community Safety and Drugs Partnership.

(Note: Paragraph (3) above was added on an amendment from Councillor Tim Ball which was accepted by the proposer and seconder.)

10 WASTE STRATEGY 2005 - 2010 (Report 11).

The Council considered a report on the proposed Waste Strategy including a five year action plan for the period 2005 -2010.

Councillor Gerry Curran, Executive Member for Sustainability and the Environment asked the Council to note the factual correction to be made in section 2 on page 3 of the draft Waste Strategy where the cost of recycled waste should read "£62.22" and the cost of waste disposed to landfill should read "£87.84".

During debate on this item, Councillor Loraine Brinkhurst asked for the concerns she expressed to be recorded about the wording in the penultimate paragraph of section 8 at the top of page 9 of the draft Waste Strategy. She believed strongly that until full consultation had been carried out with Ward Councillors and local residents no decision should be made on whether a waste site is to be located at Newbridge.

On a proposal from Councillor Gerry Curran seconded by Councillor Chris Cray it was RESOLVED that:

(1) The Waste Strategy and five year action plan be approved as part of the Policy and Budget Framework.

(2) The significant financial issues arising from national and European requirements be noted and be referred for consideration as part of the Service Planning and Financial Planning process.

(3) In the light of the difference in costs between recycling and disposal that the timescales and targets for reduction and recycling are revisited and the comments and recommendations of the Planning, Transportation, Economy & Sustainability Overview and Scrutiny Panel's Waste Review be considered by the Executive Member.

(Note: Paragraph (3) above was added on an amendment from Councillor Roger Symonds which was accepted by the proposer and seconder. The motion as amended was carried by a substantial majority with 3 abstentions and no Member voting against.)

11 "FUTURE FOR BATH" - FUNDING REQUEST (Report 11A).

The Council considered a report recommending approval of a request from the Council Executive to release funds from balances to meet the cost of preparing a business plan and spatial planning studies to enable a themed approach to the future development of Bath.

On a proposal from Councillor Colin Darracott seconded by Councillor Malcolm Hanney it was RESOLVED that the Council:

(1) Notes the report considered by the Council Executive on 13^th July 2005 on the "Future for Bath."

(2) Approves the release of up to £150,000 from balances in order that the Council may proceed with the business plan and spatial planning studies.

(Note: The motion was carried by a substantial majority with 7 Members voting against and 1 abstention. The Labour Group indicated that they had voted against this proposal because they did not consider a case had been made to justify drawing on balances for this expenditure given the current level of reserves.)

12 REVIEW OF COUNCIL ORGANISATIONAL STRUCTURE (Report 16).

The Council considered a report recommending the establishment of a post of Children`s Services Director with authority being given to recruit to that post and outlining an indicative overview of how the Council`s senior management structure might evolve over the next two to three years.

During the debate on this item Councillors Kirwan and Bellotti indicated that they believed that, in order to guarantee that the Council would continue to receive robust advice from the Section 151 Officer, that appointment within the new structure should remain at director level.

On a proposal from Councillor Paul Crossley seconded by Councillor Francine Haeberling it was RESOLVED that the Council:

(1) Approves the creation of a new post of Children's Services Director and the deletion of the present post of Education Director.

(2) Authorises the Chief Executive to proceed with recruitment to the new post in accordance with the Council's Standing Orders relating to senior appointments.

(3) Authorises the Chief Executive to vary the job description for the Strategic Director (Social and Housing Services), in consultation with the postholder and the relevant Executive Members, in accordance with the proposals in paragraph 4.5 of this report.

(4) Instructs the Chief Executive to investigate further the proposal for a future structure such as outlined in paragraph 4.3 of the report and to provide a detailed report to a future Council meeting on the range of options available together with the consequential implications.

(5) Approves the release of £100,000 from balances to fund a small dedicated project team to develop the proposals (as set out in paragraph 4.6) for the remainder of 2006/7, with ongoing cost requirements to be considered in the financial plan review; and to approve the release of £40,000 from balances to fund the estimated recruitment costs of the Children's Services Director.

(6) Notes that the Children's Services, Adoption, Educational Development, Behaviour Support and Early Years plans are no longer a requirement of central government and should be replaced on the Council's list of Policy and Budget Framework items by the Children's Plan.

(7) Authorises the Chief Executive to establish the team outlined in paragraph 4.6 and appoint specialist advisers as necessary within the approved budget.

(Note: The above motion was carried unanimously with no Members voting against or abstaining. An amendment from Councillor Matt Davis to require a further report to Council on the costs of the proposed project team referred to in paragraphs 5 and 7 above was not carried, 6 Members voting in favour with 3 abstentions and the remainder voting against.)

At this point in the meeting Councillor Steve Hedges proposed and Councillor Tim Ball seconded a motion that, because it was now almost 10pm, the remaining unfinished business should be deferred to the next meeting. The Council agreed by a substantial majority with only 4 Members voting against. It was also agreed to hold a special Council meeting on Thursday 13^th October 2005 to deal with any outstanding business from this meeting and/or the 15^th September meeting.

The following items therefore stand deferred:

Motion on Special Saturation Licensing Policy for Bath City Centre;

Motion on Sustainable Decision-making within the Council;

Council Executive Report;

Overview and Scrutiny Review of the Council Meeting;

The Anti-Social Behaviour Act 2003 - High Hedges Legislation;

Contract Standing Orders

The meeting ended at 10pm

Chair(person)

Date Confirmed and Signed

Prepared by Democratic Services