MINUTES

OF THE MEETING OF THE

Council

Tuesday 28th January 2003

HELD AT THE TOWN HALL, WESTON-SUPER-MARE, SOMERSET.

Meeting Commenced: 6.04 p.m. Meeting Concluded: 8.58 p.m.

PRESENT: Councillors Howard Roberts (Chairman), Ian Peddlesden (Vice-Chairman), Elfan Ap Rees, Nigel Ashton, Felicity Baker, Jan Barber, Bob Bateman, Ian Bates, Michael Bell, Jeremy Blatchford, Nicholas Brown, Peter Bryant, Peter Burden, John Carter, John Clark, Andrew Cole, Bob Cook, Alan Cotton, Peter Crew, Leslie Crutchley, Isabel Cummings, John Daws, Glyn Duck, Michael Fazackerley, Peter Fisher, Elizabeth Frappell, Peter Goulbourn, Leighton Greenham, Ann Harley, John Heenan, Alan Hockridge, Ian Hogg, Peter Kehoe, Rosey Knifton, Derek Kraft, Muriel Kraft, Kenneth Lacey, Anthony Lake, Greta Lewis, Michael Lyall, Ronald Moon, George Morris, John Morris, Michael Nobes, John Norton-Sealey, Ian Parker, Hugh Parsons, Ian Porter, Bill Prosser, Michael Roe, Richard Skinner, Chanel Stevens, Patrick Taylor, Arthur Terry, Richard Tucker, Barry Walters, John Wiltshire, Deborah Yamanaka, Jan Young.

APOLOGIES FOR ABSENCE: Councillors David Shopland, and Bob Steadman.

COU 115

Prayer

The Chairman reported that the Rev. Norman Wallwork was unwell.

The Vice-Chairman offered prayer.

COU 116

Fire Sprinkler Systems

Stuart Brown, Community Safety Officer with the Avon Fire Brigade gave a short presentation on fire sprinkler systems, which sought to raise awareness of sprinklers, particularly their use in residential premises and schools. Following the presentation Mr. Brown answered Members’ questions.

The Chairman thanked Mr. Brown for his presentation.

COU 117

Public Participation Time: Council Tax Budget Setting for 2003-2004 (Mr. Richard Sibley) (Agenda Item 1)

Mr. Richard Sibley addressed the Council on this matter. He commented that the Council should support the right of taxpayers to spend their own money, and not increase public spending.

Mr. Sibley proposed that the Council considered phasing out subsidies for the following: Winter Gardens, parks and open spaces, Somerset Hall, the Playhouse, sports and leisure centres, Weston Museum, public conveniences, grants to organisations, and for the promotion of business and tourism He urged the Council to maintain the level of Council Tax at twelve per cent above the 2001/2002 level.

The Chairman thanked Mr. Sibley for his address.

COU 118

Public Participation Time: Probity in Planning (Mr. John Morris) (Agenda Item 1)

Mr. Morris addressed the Council.

Mr. Morris expressed his dismay at the cancellation of the Standards Committee on 12th February 2003 at which he was due to make representations. He asked the Council to encourage the Chairman of the Standards Committee to reconsider his decision to cancel that meeting. He also asked the Council to consider very seriously the new Ethical Framework, together with the recommendations of the Audit Commission. Mr. Morris requested that Minute EXE 145 on Probity in Planning be referred back to enable the Executive to make positive recommendations, and to allow further consideration by the Standards Committee.

In conclusion, Mr. Morris thanked the Council for receiving him in such a courteous way.

The Chairman thanked Mr. Morris for his presentation.

COU 119

Declarations of Interest (Agenda Item 4)

Members declared the interests below –

Councillor Peddlesden – Non-prejudicial interest arising from possessing shares in British industry.

Councillor Duck – Interest arising from his father who was resident in a care home.

Councillor Blatchford – Interest arising from being Chairman of a college which could receive payment from the Council in respect of post-16 transport to school.

Councillor Bryant – Interest by virtue of being a Friend of the Curzon Cinema.

COU 120

Minutes – 19th December 2002 (Agenda Item 5)

RESOLVED: that the minutes be approved as a correct record.

COU 121

Chairman’s Announcements (Agenda Item 6)

(a) Malcolm Nicholson

The Chairman on behalf of the Council offered his condolences to Malcolm Nicholson, Solicitor to the Council, following the death of his stepmother.

(b) Taste of North Somerset Local Food Project

The Chairman reported his attendance at this event organised in Nailsea, and commended the excellent food provided by the Women’s Institute.

(c) Warne Road Depot

The Chairman reported on his visit to Warne Road where he met Transport and Social Services staff. He complimented the work of the staff and hoped other Councillors would visit staff at their workplaces.

(d) Green Electricity Certificate

The Chairman was pleased to report that SWEB had awarded the Council its Green Electricity Certificate in recognition of its significant level of use of sustainable electricity.

COU 122

Leader’s Announcements (Agenda Item 6)

(a) Alan Hurford

The Leader paid tribute to Alan Hurford, Head of Corporate Policy, who was retiring from local government following thirty years service with Weston-super-Mare Borough Council, Woodspring District Council and North Somerset Council. He praised Alan for his hard work, loyalty, dedication and humour.

The Leaders of the Opposition Groups joined in the tribute, and echoed the remarks of the Leader of the Council.

The Chairman on behalf of the Council, made a presentation to Alan.

(b) Secondary Education in North Somerset.

The Leader, with the permission of the Chairman, invited Councillor Terry, Executive Member for Learning , to make a statement.

Councillor Terry announced that he wished to consult with the community in Weston-super-Mare about a proposal to change the four secondary schools – Broadoak, Priory, Worle and Wyvern from 11 – 16 to 11 – 19 age schools. An outline of the plans had been discussed with chairs of governors and headteachers of the secondary schools, and preliminary discussions had been held with the Department for Education and Skills, and the West of England Learning and Skills Council. In addition, the growing partnership with Weston College would be developed as part of the Council’s overall 14 – 19 strategy.

Detailed proposals would be submitted to the Executive in March 2003, following which there would be consultation meetings, with opportunities for pupils, parents, governors and staff of the schools to discuss the proposals.

COU 123

Forward Plan Presented by the Executive (Agenda Item 7)

Councillor Roe, Chairman of the Executive, presented the current Forward Plan (dated 18th December 2002 – Issues 4 and 5) and made a statement thereon.

RESOLVED: that the Forward Plan be received.

COU 124

Four Monthly Report of the Children and Young People Select Committee (Agenda Item 8(a))

Motion: Moved by Councillor Mrs. Barber and duly seconded –

“That the report be noted.”

RESOLVED: that the Motion be approved and adopted.

COU 125

Four Monthly Report of the Environment and Community Select Committee (Agenda Item 8 (b))

Motion: Moved by Councillor Bates and duly seconded –

“That the report be noted.”

Members asked questions on the report.

RESOLVED: that the Motion be approved and adopted.

COU 126

Four Monthly Report of the Financial Accountability Select Committee (Agenda Item 8 (c))

Motion: Moved by Councillor Bryant and duly seconded –

“That the report be noted.”

Members asked questions on the report.

RESOLVED: that the Motion be approved and adopted.

COU 127

Four Monthly Report of the Health and Wellbeing Select Committee (Agenda Item 8 (d))

Motion: Moved by Councillor Peddlesden and duly seconded –

“That the report be noted.”

Members asked questions on the report.

RESOLVED: that the Motion be approved and adopted.

COU 128

Advance Written Questions (Agenda Item 9)

Advance written questions to the relevant Members were received and the questions and the replies are contained in Appendix 1.

COU 129

Questions Time (Agenda Item 10)

Oral questions were directed to the relevant Members. The Members concerned and the summary notes of the topics involved are contained in Appendix 2.

COU 130

Reports and Matters Referred from the Executive 14th January 2003 (Agenda Item 11)

(Minute EXE 140) Variation to the Length of Leisure Management Contracts LM1 and LM3

Motion: Moved by Councillor Roe, seconded by Councillor Ap Rees and

RESOLVED: that the recommendations be approved and adopted.

(Minute EXE 141) Extension of Weston-super-Mare Sea Front Concessions

Motion: Moved by Councillor Roe, seconded by Councillor Ap Rees and

RESOLVED: that the recommendation be approved and adopted.

(Minute EXE 142) Redundant Public Conveniences in Clarence Park East

Motion: Moved by Councillor Roe, seconded by Councillor Ap Rees and

RESOLVED: that the recommendation be approved and adopted.

(Minute EXE 143) Term Maintenance Contract – Street Lighting, Traffic Management and Decorative Lighting Contract Award

Motion: Moved by Councillor Roe, seconded by Councillor Burden and

RESOLVED: that the recommendation be approved and adopted.

(Minute EXE 144) Disposal of Chestnut Farm, High Street, Congresbury and Building Plot, Southlands Way. Congresbury

Motion: Moved by Councillor Roe, seconded by Councillor Ashton and

RESOLVED: that the recommendation be approved and adopted.

COU 131

Report and Matters Referred from the Executive 24th January 2003 (Agenda Item 12)

(Minute EXE 150) Acquisition of New Lease on 59/61 Oxford Street, Weston-super-Mare

Motion: Moved by Councillor Roe, seconded by Councillor Fisher and

RESOLVED: that the recommendation be approved and adopted.

(Minute EXE 154) Housing Revenue Account Budget 2003/04

Motion: Moved by Councillor Roe, seconded by Councillor Ashton and

RESOLVED: that the recommendations be approved and adopted.

(Minute EXE 157) Projected Net Spend Position for 2002/03, Draft General Revenue Budget 2003/04 and the Medium Term Financial Plan 2003/06

Motion: Moved by Councillor Roe, and seconded by Councillor Fisher -

“That the recommendations be approved and adopted, with the addition to (6) after ‘98.5%’ of the words ‘setting a Council Tax base of 71,958.26’.”

Debate ensued

The Motion was CARRIED (Voting: 33 in favour, 7 against, 1 abstention).

RESOLVED:

(1) that the Motion be approved and adopted.

Motion: Moved by Councillor Lacey and seconded by Councillor Hockridge -

“That this Council take the necessary steps to actively promote a reform in Council Tax charging enlisting support from the LGA, regional authorities and other local authorities, particularly throughout the South West, to bring about a more equitable, fair and democratic way of funding local services. Council Tax must reflect the ability to pay without discrimination against those on low fixed incomes and the elderly pensioner.”

Debate ensued.

The Motion was CARRIED.

RESOLVED:

(2) that the Motion be approved and adopted.

COU 132

Motion Submitted by a Member Severn Barrage (Councillor Hogg) (Agenda Item 16)

Motion: Moved by Councillor Hogg and seconded by Councillor Burden -

“That North Somerset Council supports the views expressed in ‘The Severn Barrage – Definition Study for a New Appraisal of the Project – Final Report: January 2002’ now published by the Department of Trade and Industry and produced under contract by the Severn Tidal Power Group.

This Council will work with partner local authorities through the Standing Conference of Severnside Local Authorities (SCOSLA) to advance the case for this reappraisal of the Barrage Project.”

Amendment: Moved by Councillor Mrs. Knifton, and seconded by Councillor Brown –

“This Council will work with partner local authorities through the Standing Conference of Severnside Local Authorities (SCOSLA) to advance the case for the Severn Barrage.”

Debate ensued.

The Amendment was LOST.

RESOLVED: that the Motion recorded above be approved and adopted.

________________________________

Chairman

________________________________

APPENDIX 1

NORTH SOMERSET COUNCIL

COUNCIL MEETING, 28TH JANUARY 2003

ADVANCE WRITTEN QUESTIONS (Agenda Item 9)

QUESTION NO. 1

From Councillor Hockridge

To Councillor Roe, Leader of Council

Members' Allowances

"I note reading the recent issue of the Constitution 2003 on page 190 relating to members' allowances that it says under section 5:-

'The Council requests the panel to review the allowances further after modernisation arrangements have been running for six months and report back accordingly.'

Can the Leader please advise the Council as to the progress on this aspect of Members Allowances?"

Reply:

“The original remit of the independent Members Allowances Review Panel was to consider members’ allowances following new national legislation. They presented a report to Council which we immediately asked them to extend to specifically review further arrangements post modernisation. They reported this back to Council which then changed further the members’ allowances scheme, specifically in relation to the question of Area Committee Chairman.

Since then the question of the role of members has been the subject of a lengthy external audit review, which will be reported to members shortly in the Annual Audit Letter. Rather than have two studies, officers made the decision to organise the next meeting of the Allowances Panel after the auditors had reported. Given they shall report shortly, I am advised that the Panel meetings should now commence again.”

QUESTION NO. 2

From Councillor Greenham

To Councillor Roe, Leader of the Council

Discovery of Nuclear, Biological and Chemical Suits in Mosque

“The discovery of NBC suits in Finsbury Park Mosque last Monday week increases fears that Al Quaeda members are planning a possible chemical attack, or attacks, in this country. Likely targets will be crowded venues such as the London Underground or theatres, though we have no guarantee that the attack(s) will be confined solely to London. Here in North Somerset we have both the Winter Gardens and the Playhouse which quite often become crowded venues.

Are we currently on full alert in North Somerset (with Police, Fire, Health and Military involved) rather than feeling complacent about our distance from London?”

Reply:

“I will not reveal in public the procedures. I will request the Emergency Planning Officer to provide me with a written paper which I will copy to you.”

QUESTION NO. 3

From Councillor Greenham

To Councillor Terry, Executive Member for Learning

“State Schools Blamed for Holding Back the Bright Working Class”

“The Times for 26.01.03 published an article under the above headline which purported to reveal that the elite universities blame low education standards between the ages of 14-19, which they say exist in many state schools, for their low admittance of students from working class backgrounds.

Because North Somerset ranks second amongst the four former Avon authorities for its educational standards I refuse to believe our students cannot gain university entry even to those which are deemed ‘elite’.

Have you figures to indicate what percentage of our sixth form students proceed into higher education? And is the percentage increasing yearly?”

Reply:

“In 2001, 61 per cent of the North Somerset sixth form cohort went to university. This is the highest percentage in the former Avon area. The other figures are 58 per cent for Bath and North East Somerset, 50 per cent South Gloucs and 34 per cent Bristol. These figures are taken from a study commissioned by the West of England Learning and Skills Council.

QUESTION NO. 4

From Councillor Clark

To Councillor Ap Rees, Executive Member for Economic Development

Parish Wharf Leisure Centre

“The Parish Wharf Leisure Centre continues to be a matter of concern as it shows failures in design, construction and maintenance which have not been rectified .  You will probably claim that the previous administration has some responsibility in this regard but that  neither deals with the problem nor explains the lack of action under the current council,  when the issue has been regularly aired over the last four years. 

An ongoing  leak results in a lower than designed water level ,  which  leads to water not been recycled at the pool edge as designed. This  causes lower than intended water quality and, because the contractors have to regularly  "top up" the system,   it makes it very difficult to maintain the pool temperature at the desired levels.

The air conditioning intake and outlet are so close together that the system struggles to cope with the demands placed on it. I am told that in a recent smoke test, no sooner had smoke cleared the building when it was sucked back in again.  In addition, the higher than intended humidity has led to large areas of rust in the pool area. No other pool  in North Somerset is in the same state.

Why is officer time being spent on revising the contract, rather than rectifying the problems which  exist in the pool?”

Reply:

“I think everyone knows the history here, as you have outlined in your question, but you are right that we need to move forward. We are actually already in the process of organising works to resolve the ventilation problem, and are also progressing a positive solution to the water leak. I am hopeful that these works will take place before April. We have also had discussions with the contractor to resolve the humidity issue which requires a better control of air and water temperatures. The management contract is a separate issue and has to be re-tendered in 2004 when the existing management contract comes to an end.”

QUESTION NO. 5

From Councillor Clark

To Councillor Ap Rees, Executive Member for Economic Development

The Curzon Cinema

“The Curzon Cinema is a much valued community amenity which could benefit from additional publicity. North Somerset Council has poster sites which only display advertisements for the fine attractions at the Playhouse. These boards could provide a useful site for one poster for the Curzon. This would not cost North Somerset Council any money but would provide support and encouragement to the cinema.

Will the Executive member make single spaces available in each of our towns?”

Reply:

“Actually it is a myth that the poster sites would not cost North Somerset Council any money, as they are revenue earners, paid for and managed from within the Playhouse and Winter Gardens budgets to promote both of these venues. A number of the boards have always been available for other organisations to use at a reasonable charge, and The Tourism and Entertainment’s Manager will contact the Curzon Cinema to discuss that option.”

APPENDIX 2

NORTH SOMERSET DISTRICT COUNCIL

COUNCIL MEETING, 28TH JANUARY 2003

QUESTION TIME (Agenda Item 10)

QUESTION NO. 1

From Councillor Stevens

To Councillor Terry, Executive Member for Learning

GCSE Passes

Councillor Stevens enquired whether Councillor Terry was aware that since 1999, GCSE passes at grades C to G had increased nationally by 3.6 per cent, in South Gloucestershire by 3.1 per cent, and in Bath and North East Somerset by nearly 5 per cent, but in North Somerset by only 1.6 per cent.

Councillor Terry replied that he was aware of these figures.

QUESTION NO. 2

From Councillor Kraft

To Councillor Terry, Executive Member for Learning

Fire Sprinklers

Councillor Mrs. Kraft having regard to the presentation on fire sprinkler systems, asked Councillor Terry whether he would give an assurance that the two new schools near to Safeway in Worle would have sprinklers installed.

Councillor Terry advised that he could not give that assurance. However, he would discuss the matter with officers, and respond to Councillor Mrs. Kraft, with a copy of that response to the other Members of Council.

QUESTION NO. 3

From Councillor Derek Kraft

To Councillor Terry, Executive Member for Learning

Overview and Scrutiny – Strategic Issues

Councillor Derek Kraft referred to the announcement made by Councillor Terry about secondary education in Weston-super-Mare, and in that context, asked him to explain his relationship with the Children and Young People Select Committee regarding strategic issues.

Councillor Terry replied that the Children and Young People Select Committee had received a presentation on the Weston Family of Schools, and that his announcement reflected a radical change. He added that as the Executive Member for Learning, he had a duty to co-operate with, and assist the Children and Young People Select Committee. The proposals for secondary education in Weston-super-Mare would be reported to the Select Committee so that it may comment and offer advice.

Councillor Terry added that there would be close working with schools, the Learning and Skills Council and Weston College. The schools and the College were responsible for delivering the curriculum, and the Director of Education would have significant input.

QUESTION NO. 4

From Councillor Cotton

To Councillor Clark, Chairman of the Standards Committee

Standards Committee

Councillor Cotton referred to the cancellation of the meeting of the Standards Committee on 12th February 2003. He pointed out that one of the speakers at the Council’s Public Participation Time had been given permission to address that Committee meeting, and that the cancellation of the meeting because there was no other business to consider was demeaning and a snub to that person. The sense of grievance felt by that person could be alleviated by reinstating the meeting of the Standards Committee on 12th February 2003.

Councillor Clark replied that it would have been a waste of time and public money to hold a meeting when the only item of business would have been a public participation time. He added that the person concerned had other opportunities to make representations, including this Council meeting, as well as the option of making representations to individual Members. The Standards Committee at its next meeting would listen to the comments the gentleman wished to make.

QUESTION NO. 5

From Councillor Bates

To Councillor Roe, Leader of the Council

Clevedon Community Centre

Councillor Bates said that he had received telephone calls from several of his constituents expressing concern that the Council was proposing to sell of Clevedon Community Centre in order to raise finance. He asked Councillor Roe for an assurance that there was no such proposal.

Councillor Roe replied that there was no intention to sell off Clevedon Community Centre, and that such a suggestion was total nonsense. He emphasized that the Centre was a valuable resource used by local residents.

QUESTION NO. 6

From Councillor Duck

To Councillor Terry, Executive Member for Learning

Fire Sprinklers

Councillor Duck referred to the booklet which had been tabled entitled “Fire Sprinklers”. He requested Councillor Terry and the other Members of the Executive to read pages eight to twelve of that booklet, which provided useful information on fire precautions, the advantages of fire sprinklers and compliance with regulations.

Councillor Terry referred to his earlier response to Councillor Mrs. Kraft (Question No. 2 above refers), and reaffirmed that he would consult with officers regarding sprinklers in school buildings.

QUESTION NO. 7

From Councillor Blatchford

To Councillor Roe, Leader of the Council

Waste Recycling and Standards

Councillor Blatchford expressed concern that a prospective political candidate in the forthcoming Local Government elections in North Somerset had previously addressed the Council on waste recycling and sought to effect a change in the Council’s waste contract.

Councillor Roe replied that the point raised seemed valid, and that he would consult with the Solicitor to the Council as to whether or not this was a matter which should be referred to the Standards Board.

QUESTION NO. 8

From Councillor Nobes

To Councillor Roe, Leader of the Council

Clevedon Community Centre

Councillor Nobes took exception to the response given earlier by Councillor Roe to Councillor Bates (Question No. 5 refers), and said that the comments made were not based on fact.

Councillor Roe said that he stood by his earlier response.