MINUTES

OF THE MEETING OF THE

Executive

Tuesday 11th February 2003

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

Meeting Commenced: 10.00 a.m. Meeting Concluded: 11.39 a.m.

PRESENT: Councillors Michael Roe (Chairman), Peter Fisher (Vice-Chairman), Nigel Ashton, Peter Burden, Peter Crew, John Morris, and Arthur Terry.

APOLOGIES FOR ABSENCE: Councillor Elfan Ap Rees.

ALSO IN ATTENDANCE: Councillors Jan Barber, Isabel Cummings, Ann Harley, Alan Hockridge, Ken Lacey, Mike Lyall, Ian Parker, Ian Peddlesden, and Howard Roberts.

EXE 158

Minutes – 24th January 2003 (Agenda Item 3)

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

EXE 159

Non-Executive Councillor’s Address Councillor Mrs. Cummings: Budget (Agenda Item 4)

Councillor Mrs. Cummings raised a number of issues relating to the Budget and in response to her enquiries, the Chairman confirmed that all committed items in the Medium Term Financial Plan had been included in the Budget. In respect of homelessness, Councillor Ashton indicated that the new responsibilities would affect the housing waiting list. On the question of the provision of traffic signals at Brockley Coombe, Councillor Burden indicated that these would be operational in the near future. Councillor Mrs. Cummings also expressed appreciation that the Council had purchased Cleeve Wood for a local nature reserve.

EXE 160

The Increasing Use of Fireworks (Agenda Item 5)

The Executive received Minute ENC 139 of the Environment and Community Select Committee.

RESOLVED:

(1) that representations be made to the Home Office to investigate ways to either ban the retail sale of British Standard BS7114 Category 3 fireworks or reduce the periods in the year when fireworks are available for sale, consistent with the Private Member’s Bill currently before Parliament; and

(2) that an approach also be made through the Chartered Institute of Environmental Health that these fireworks be available for professional displays only.

EXE 161

Forward Plan Dated 17/01/03 – Issue 2 (Agenda Item 6)

RESOLVED: that the Plan be received and that Councillor Roe report to the next Council Meeting.

EXE 162

Adult Learning Capital Submission (Agenda Item 7)

Councillor Terry presented a report.

RESOLVED: that the formal submission under the Adult and Community Learning Capital Fund be approved, subject to any further amendments on matters of detail to be determined by Councillor Terry.

EXE 163

Designation of Local Nature Reserves (Agenda Item 8)

Councillor Crew presented a report.

RECOMMENDED TO THE COUNCIL:

(1) that Local Nature Reserves be declared at Sand Bay, Cleeve Wood and Rownham Hill, subject to the prior production of management plans for each site and formal consultation with English Nature;

(2) that the Uphill Hill Local Nature Reserve be extended to include the additional field to the north east of the existing area, subject to formal consultation with English Nature;

(3) that the designation of a local nature reserve under Section 21 of the National Parks and Access to the Countryside Act 1949 be delegated to Backwell Parish Council and Weston-in-Gordano Parish Council in respect of the matters detailed in the report;

(4) that this Council, in conjunction with the other parties mentioned above, declare the de-designation of Backwell Lake Local Nature Reserve simultaneously with the redesignation of Backwell Lake Local Nature Reserve by Backwell Parish Council;

(5) that the Council enter into agreements with the Avon Wildlife Trust to enable the designation of local nature reserves at Weston Big Wood and Walborough Common; and

(6) that subject to the legal agreements referred to in (5) above, both Weston Big Wood and Walborough Common be designated as a Local Nature Reserve.

EXE 164

Traffic Signal Installation and Maintenance Contract (Agenda Item 9)

Councillor Burden presented a report.

RECOMMENDED TO THE COUNCIL:

(1) that the contract be let to Siemens Traffic Controls for a term of ten years with extensions, if appropriate, on behalf of three of the four Unitary Authorities of the former Avon Area and that Bristol City Council act as the lead authority, for an initial sum of £304,134.54 be annum; and

(3) that the principles of partnering be explored with the contractor to ensure best value in respect of the joint arrangement which will be re-written to include the contractor.

EXE 165

Forward Allocation of Section 106 Monies for Housing Association Development (Agenda Item 10)

Councillor Ashton presented a report.

RESOLVED: that the forward allocation of £250,000 from enhanced Section 106 contributions arising from the development of Moor Lane, Weston-super-Mare, be approved so as to meet additional funding requirements for the Guinness Trust development at Area 17a, Moor Lane, Weston-super-Mare.

EXE 166

Housing Allocations Policy (Agenda Item 11)

Councillor Ashton presented a report.

RESOLVED:

(1) that the amended Housing Allocations Scheme contained in Annex 1 of the report, be approved;

(2) that the new Code of Guidance for allocations to council housing issued by the Office of the Deputy Prime Minister (ODPM) be adopted;

(3) that the above be noted as an interim amendment to the current Housing Allocations Scheme so as to comply with the legislative changes, and that the overall review of the scheme, as indicated in the Housing Services Best Value Review with appropriate consultation with stakeholders and secure tenants as identified in the 1985 and 1996 Housing Acts, proceed; and

(4) that young people leaving the care of this Authority, who are in need of settled accommodation and where the Local Authority has parental responsibility, be given overriding priority as described in the revised policy.

EXE 167

Forest of Avon Joint Committee Constitution (Agenda Item 12)

Councillor Fisher presented a report.

RECOMMENDED TO THE COUNCIL:

(1) that the Constitution of the Forest of Avon Joint Committee be amended so as to create the “Forest of Avon Joint Advisory Committee”;

(2) that the amendments of the terms of the revised Constitution, referred to at paragraph 10 of the report, subject to delegated authority being given to officers to agree additional minor amendments as may be required, be approved;

(3) that the extension of the term of the Forest of Avon Joint Advisory Committee until 31st March 2005, be approved;

(4) that Councillors Cook, Prosser and Kehoe be appointed to serve as this Council’s representatives on the Joint Advisory Committee.

EXE 168

Grant of Renewal Leases – Shop Premises, Weston-super-Mare (Agenda Item 13) Councillor Ashton presented a report.

RECOMMENDED TO THE COUNCIL: that the Solicitor to the Council arrange for the completion of the respective leases, on the terms set out in the report, in respect of 17 St. Andrews Parade and 7 Loxton Road, Weston-super-Mare.

EXE 169

Progress with Internal Support Services and Community Safety Best Value Reviews (Agenda Item 14)

Councillor J. H. Morris presented a report.

RESOLVED:

(1) that the areas for improvement identified by the Best Value Review of Internal Support Services, be addressed through the Action Plans developed following the staff survey, comprehensive performance assessment, the senior management restructure and e-government proposals;

(2) that the proposed improvements to Community Safety Services, as set out in the Appendix to the report, be approved.

EXE 170

Housing Revenue Account Capital Programme 2003/2004 (Agenda Item 15)

Councillor Ashton presented a report. He referred to the decrease in the ability of the Council, arising from Government policies, to undertake repairs.

RECOMMENDED TO THE COUNCIL: that the Housing Revenue Account Draft Capital Programme for 2003/2004, contained in the report, be approved.

EXE 171

Projected Net Spend Position for 2002/03, Proposed General Fund Revenue Budget 2003/04 and the Medium Term Financial Plan 2003/06 (Agenda Item 16) (URGENT ITEM)

The Chairman ruled that a report on this matter be considered as urgent because it was necessary for the Council to consider it in order to meet its statutory timetable to set the Budget.

The Executive received Minute CYP 42 of the Children and Young People Select Committee, Minute ENC 139 of the Environment and Community Select Committee, Minute FIN 68 of the Financial Accountability Select Committee and Minute HWB 43 of the Health and Wellbeing Select Committee.

Councillor Roe presented a report.

The Executive considered the references from the Select Committees and, in respect of the references from the Financial Accountability Select Committee, Members wished to place on record their appreciation for the comments and observations of Councillor Brown.

Councillor Roe referred to various comments that had been made in the media by Councillor Stevens, the Leader of the Labour Group, concerning the Council’s overspending and Councillor Roe stressed that the Authority’s overspend for the current year was £19,000 and that the figure of £3.3m mentioned by Councillor Stevens was entirely erroneous. Councillor Stevens had further claimed that the Authority had failed its OFSTED inspection and Councillor Roe stressed that this was also untrue. The Director of Education confirmed that the Authority’s performance had been found to be satisfactory although there were some areas where further action was required. Councillor Roe invited Councillor Stevens to withdraw the comments and he indicated that he would discuss the details of the statements with the Chairman of the Standards Committee with a view possibly to submitting a report to the Standards Board.

Councillor Roe wished to place on record the Executive’s appreciation for the work of the officers in the Education Directorate for their achievements in respect of the OFSTED inspection.

The Director of Finance and Resources advised the Executive that, in his view, the Government’s calculations concerning the financial settlements were inaccurate. He indicated that, unless these could be corrected by some other means, he intended to use the appeals procedure so as to explain the Council’s position in order to rectify the situation.

The Chairman referred to the public meetings that had been held concerning the Budget. He considered that everything possible had been done to explain to residents the Council’s financial difficulties. The problems had been created by the inadequate funding provided by the Government and, in view of the need to maintain essential services, the Council had no choice but to prepare for a substantial increase in Council Tax. In addition, the Government continued to insist on various improvements to certain services and the provision of new services, with no matching financial support. The current operation of the local government funding system did not favour the Council and, in the Chairman’s view, residents were affected unfairly.

On the question of funding for the Avon and Somerset Police Authority, the Chairman undertook to request Councillor Walters, the Council’s representative on the Authority, to report to the next Council meeting.

RESOLVED:

(1) that the progress made to balance the Council’s spending in 2002/03, Section 10 and Appendix 1 of the report, to a projected £19,000 overspend at the end of December 2002, be noted and that the Executive continue to work to reduce spending with a view to not using any general reserves to support spending in the current financial year;

(2) that the situation with town and parish council precepts and the Collection Fund deficit of £37,000 be noted and that these matters be taken into account when the Council formally sets the Budget at the Council meeting on 4th March 2003;

(3) that the Director of Finance and Resources report to the Council on the necessary technical recommendations to agree formally the Council Tax for 2003/04; and

(4) that the action proposed by the Director of Finance and Resources with regard to the Council’s insurance arrangements for 2003/04, as set out in paragraph 11 b) of the report, be approved and that a further report be submitted to the Executive.

It was further

RECOMMENDED TO THE COUNCIL:

(1) that the Budget for 2003/04 of £180.080m, as contained in Section 11 and Appendices 2, 3 and 4 of the report, be approved and that the Special Expenses Budget of £351,970, as contained in Appendix 5 of the report, be approved; and

(2) that the borrowing limits set out in Section 12 of the report be approved.

EXE 172

Capital Programme 2003/04 (Agenda Item 17) (URGENT ITEM)

The Chairman ruled that a report on this matter be considered as urgent because it was necessary for the Council to consider it in order to meet its statutory timetable to set the Budget.

Councillor Roe presented a report.

Reference was made to the need to ensure that the costs of installing sprinkler systems in new buildings were properly taken into account.

RECOMMENDED TO THE COUNCIL:

(1) that the proposed Capital Programme for new schemes in 2003/04, as set out in paragraph 12 and Appendix 4 of the report, be approved subject to the Chairman of the Executive and the Director of Finance and Resources ensuring that the Plan provide for the Council’s revised priorities on expenditure and that the Chairman of the Executive report to the Council on any consequential amendments to the Plan; and

(2) that the amendments to the currently approved programme, as set out in paragraph 10 and Appendix 3 of the report, be approved.

EXE 173

The Laming Report into the Death of Victoria Climbie (Agenda Item 19) (URGENT ITEM)

The Chairman ruled that a report on this matter be considered as urgent because of the need to respond to the Laming Report within the recommended timescale.

Councillor Ashton presented a report.

RESOLVED:

(1) that the recommendations of the Laming Inquiry and the specific implications for the Council and elected Members, be noted;

(2) that the resource implications associated with ensuring that the Council’s services meet the recommendations of the Inquiry, be noted and that these implications be incorporated into the Council’s Medium Term Financial Plan;

(3) that the report be referred to the Health and Wellbeing Select Committee and the Children and Young People Select Committee; and

(4) that a further report be submitted to the Executive on the outcome of the Self Audit against the Laming recommendations as required by the Secretary of State for Health.

EXE 174

Clevedon Town Bus Services (Agenda Item 19) (URGENT ITEM)

The Chairman ruled that a report on this item be considered as urgent because failure to agree a contract at the next Council meeting could result in a temporary loss of Clevedon town bus services.

Councillor Burden presented a report.

RECOMMENDED TO THE COUNCIL: that a five-year contract to run Clevedon town bus services be awarded to Blue Iris Coaches Limited on the basis of a subsidy from the Council of £22,000 per year.

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Chairman

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