Agenda and draft minutes

Venue: Council Chamber - Guildhall, Bath

Contact: Jo Morrison  01225 394358

Webcast: View the webcast

Items
No. Item

1.

EMERGENCY EVACUATION PROCEDURE

The Chairman will draw attention to the emergency evacuation procedure as set out under Note 5.

Additional documents:

Minutes:

The Chair drew attention to the emergency evacuation procedure, as set out on the agenda.

2.

ELECTION OF CHAIRMAN 2019-20

It is a legal requirement that the first formal business at the Annual General meeting shall be the election of a Councillor to be the Chair(man) of the Council. The term of office of the Chair(man) expires on the election of her successor at the Annual meeting of the Council in 2020.

 

The present Chair(man) of the Council is Councillor Karen Walker who will preside over the election of her successor.

 

Once the new Chair(man) is elected, as she is unable to be present, separate arrangements have been made for the incoming Chair to make and sign the Declaration of Acceptance of Office, and receive the Chain of Office.

Additional documents:

Minutes:

It was proposed by Councillor Robin Moss, seconded by Councillor Dine Romero, and supported by Councillors Paul Myers and Sarah Bevan then

 

RESOLVED that Councillor Eleanor Jackson be elected Chair of the Council for the Council year 2019/20.

 

It was announced that, as the new Chair was unavailable for this meeting, separate arrangements had been made regarding her declaration and acceptance of office.

 

[By previous agreement from Group Leaders, Councillor Karen Walker continued to chair this meeting until its conclusion.]

 

 

3.

ELECTION OF VICE-CHAIRMAN 2019-20

Additional documents:

Minutes:

It was proposed by Councillor Rob Appleyard, seconded by Councillor Bruce Shearn, and

 

RESOLVED that Councillor Andy Furse be elected Vice-Chairman of the Council for the Council year 2019/20.

 

Councillor Furse made and signed his Declaration of Acceptance of Office, received the Chain of Office from Councillor Karen Walker and thanked the Council for his appointment.

 

[Notes;

1.  A nomination from Councillor Paul Myers, seconded by Councillor Robin Moss, that Councillor Lisa O’Brien be nominated was lost on a vote of 17 for, 37 against.

 

2.  Following the nomination of Councillor Andy Furse (after Councillor Lisa O’Brien had already been nominated), a debate took place on the merits of this course of action.  The Monitoring Officer’s view was sought and she confirmed that it was a break from the convention that had operated for the last 12 years (with an agreed chairing rota that listed the next Vice-Chair as a Conservative position), but it was only a convention.]

 

4.

DECLARATIONS OF INTEREST

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 complete the green interest forms circulated to groups in their pre-meetings (which will be announced at the Council Meeting) 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.

Additional documents:

Minutes:

The Monitoring Officer issued a general dispensation to enable Members with an interest in the Avon Pension Fund to be able to take part in debate and vote on agenda item 11 – Appointment of Committees and Panels.

 

The Monitoring Officer issued a further general dispensation to enable Members with roles as Parish and Town Councillors to be able to take part in debate and vote on agenda item 12 – Parish Charter Review.

 

Councillor Steve Hedges declared an ‘other’ interest in minute item 9 (Portfolio announcements) as his wife works for MENCAP.

 

Councillor Duncan Hounsell declared an ‘other’ interest in minute item 11 as a Parish Councillor (this declaration was covered by the earlier general dispensation.)

 

Councillor Ruth Malloy declared an ‘other’ interest in minute item 14 as a committee member of Love Weston Library, a volunteer at the RUH and a volunteer at Love Weston Café.

 

Councillor Joel Hirst declared an ‘other’ interest in minute items 9 and 10 as an AWP employee.

 

Councillor Andy Wait declared an interest in all items as his wife works for B&NES.

 

5.

MINUTES - 14TH MARCH 2019 pdf icon PDF 161 KB

To be confirmed as a correct record and signed by the Chair(man)

Additional documents:

Minutes:

On a motion from Councillor Steve Hedges, seconded by Councillor Tim Ball, it was

 

RESOLVED that the minutes of 14th March 2019 be confirmed as a correct record and signed by the Chair.

 

6.

ANNOUNCEMENTS FROM THE CHAIRMAN OF THE COUNCIL OR FROM THE CHIEF EXECUTIVE

These are matters of information for Members of the Council. No decisions will be required arising from the announcements.

Additional documents:

Minutes:

Councillor Andy Furse presented Councillor Karen Walker with her past Chairman’s badge and handed her the badge for the Former Chairman’s Consort.

 

It was proposed by Councillor Dine Romero, seconded by Councillor Paul Myers, supported by Councillors Karen Walker and Robin Moss and

 

RESOLVED that this Council places on record its appreciation of the services performed by Councillor Karen Walker in the office of Chairman of the Council for 2018/19.

 

The Chair then;

 

1.  Announced that she would make her speech at the end of the meeting;

 

2.  Welcomed and congratulated all newly elected Councillors and invited the Council to place on record its appreciation of the past service given by the Members who retired following the election;

 

3.  Invited the Council to note the appointment of Councillor Dine Romero as Liberal Democrat Group Leader, Councillor Paul Myers as Conservative Group Leader, Councillor Karen Walker as Independent Group Spokesperson and Councillor Robin Moss as Labour Group Leader;

 

 

4.  Welcomed the Digital Apprentices who were present at the meeting;

 

5.  Reminded everyone to switch off their mobile phone or switch to silent, and explained that some Councillors were accessing their meeting papers via iPads;

 

6.  Announced that the meeting was being webcast and invited anyone who did not wish to be filmed to make themselves known to the camera operators.

7.

TO ANNOUNCE ANY URGENT BUSINESS AGREED BY THE CHAIRMAN

If there is any urgent business arising since the formal agenda was published, the Chairman will announce this and give reasons why he has agreed to consider it at this meeting. In making his decision, the Chairman will, where practicable, have consulted with the Leaders of the Political Groups. Any documentation on urgent business will be circulated at the meeting, if not made available previously.

Additional documents:

Minutes:

There were no items of urgent business.

8.

NOTIFICATION OF MEMBERS ELECTED ON 2ND MAY 2019 pdf icon PDF 39 KB

Additional documents:

Minutes:

On a motion from Councillor Dine Romero, seconded by Councillor Paul Myers, it was

 

RESOLVED to note the notification of Members elected on 2nd May 2019.

9.

APPOINTMENT OF LEADER

The Council is required to elect a Councillor to be the Leader of the Council for the 4 year term from May 2019 AGM to May 2023 AGM.

 

The Council is asked to note that all decisions regarding the appointment of a Deputy Leader, Cabinet Members and portfolios, the executive delegation scheme and frequency of Cabinet meetings are decisions solely for the Leader to make and publicise in due course.

Additional documents:

Minutes:

The Council is required to elect a Councillor to be the Leader of the Council for the 4 year term from May 2019 AGM to May 2023 AGM.

 

On a motion from Councillor Richard Samuel, seconded by Councillor Paul Myers, it was

 

RESOLVED

 

1.  That Councillor Dine Romero be appointed Leader;

 

2.  That all decisions regarding the appointment of a Deputy Leader, Cabinet Members and portfolios, the executive delegation scheme and frequency of Cabinet meetings are decisions solely for the Leader to make and publicise in due course.

 

[Notes;

1.  The above resolution was carried with 40 Councillors voting in favour, 1 Councillor voting against and 13 Councillors abstaining.]

10.

APPOINTMENT OF COMMITTEES AND PANELS AND OTHER ANNUAL BUSINESS pdf icon PDF 102 KB

This report invites the Council to consider its non-executive and regulatory committee arrangements for the Council Year May 2019 to May 2020 and associated annual business.  It is anticipated that an update report will be issued prior to the meeting in the light of discussions underway between political groups.

Additional documents:

Minutes:

The Council considered a report concerning its non-executive and regulatory committee arrangements for the Council Year May 2019 to May 2020 and associated annual business.

 

On a motion from Councillor Dine Romero, seconded by Councillor Richard Samuel, it was (unanimously);

 

RESOLVED

 

1.  To approve a structure for non-executive and regulatory decision making, and the scrutiny function as set out in the Constitution and attached at Appendix 1;

2.  To approve the terms of reference for Committees and Panels etc as set out in Appendix 2 to the report and constitute those bodies accordingly. including;

a.  Renaming the Development Management Committee as the ‘Planning Committee’, to improve public comprehension and transparency;

b.  Renaming the Climate Change & Sustainability PDS Panel as the ‘Climate Emergency & Sustainability’ PDS Panel to highlight the urgent need for action;

3.  To approve the appointment of Members to the Committees and Panels in accordance with the requirements of political proportionality, as outlined in the revised political proportionality table, and the nominations made by the political groups (whilst affirming the non-proportional basis of operating for the Licensing Sub-Committee as explained in paragraph 5.3);

4.  With regard to the Avon Pension Fund Committee, to agree;

a.  Bath and North East Somerset Council will be represented by 5 members on the Committee;

b.  The addition of a further Independent Member to the Committee;

c.  The addition of an Academy Representative to the Committee;

d.  The establishment of a Brunel Working Group as a  sub group of the Committee;

e.  And consequent amendments to the Terms of Reference to incorporate these changes;

5.  To appoint as Chairs of such bodies, those Councillors as may from time to time be nominated by the political group to whom the chairmanship of the body is allocated;

6.  To authorise the Monitoring Officer to fill any casual vacancies in membership of all the bodies constituted and vacancy in the office of Chair of such bodies in accordance with the wishes of the political groups and the allocation of chairing entitlements made at this meeting;

7.  To determine the bodies on which independent members (if any) are to have seats  as either voting or non-voting members and appoint such members accordingly;

8.  To authorise the Monitoring Officer, in consultation with the Chairs of the Policy Development & Scrutiny Panels, to constitute and support any required Panel joint working as out lined in paragraph 6.1;

9.  To appoint members to Avon Fire Authority on a proportionality basis to be determined;

10.To approve the allocation of Political Assistants to eligible groups as set out in Section 8, and instruct the Chief Executive, in consultation with Group Leaders, to make provision for support to the remaining groups;

11.To note, in light of the decision taken earlier on the agenda to appoint a Leader, that the Leader will publish in due course, a scheme of delegation of executive functions;

12.To note the urgent executive decisions that have been taken in the last municipal year, as set out in paragraph  ...  view the full minutes text for item 10.

Political proportionality table agreed May 2019 pdf icon PDF 72 KB

Additional documents:

11.

PARISH CHARTER REVIEW pdf icon PDF 85 KB

The Parish Charter was endorsed by Council in May 2018 following a period of consultation with all parishes across the district.  The Charter provides a framework for how Bath & North East Somerset Council and the area’s town and parish councils work together to serve the people of Bath and North East Somerset.  This process is supported by the Parish Liaison meeting which is held three times a year.

 

It was agreed that the Charter would be reviewed within 12 months of its adoption and this report provides an update on the progress made so far on its implementation.

Additional documents:

Minutes:

The Council considered a report on the progress made so far on the implementation of the Parish Charter which was adopted by Cabinet in April 2018 and endorsed by Council in May 2018 following a period of consultation with all parishes across the district.

 

On a motion from Councillor Paul Myers, seconded by Councillor Neil Butters, it was (unanimously)

 

RESOLVED

 

1.  To note the progress report on the Parish Charter commitments attached in Appendix 1 to the report.

2.   That a working group of Council and parish representatives be established to:

·  Review and update the Terms of Reference for Parish Liaison to reflect the new ways of working under the Parish Charter. 

·  Report back to Full Council as appropriate with proposals and recommendations.

12.

PLEDGE TO CHILDREN IN CARE pdf icon PDF 85 KB

Following the publication of ‘Care Matters: Time for Change’ in June 2007, there has been a requirement for all Local Authorities to develop and publish a Pledge to their Looked after Children and Care Leavers. The Pledge sets out the services and support children should expect to receive.  Since the implementation of our Pledge in 2008, Bath & North East Somerset’s Pledge to Children in Care has continued to be updated to reflect current regulations, guidance and best practice. The pledge is co-produced with children and young people in care and care leavers.

 

The new Council following local elections is invited to affirm its commitment to the Pledge.

Additional documents:

Minutes:

The Council considered a report seeking its affirmation of the commitment to the Bath and North East Somerset Council Pledge to Children and Young People in Care and Care Leavers.

Following local elections, the new Council was invited to affirm its commitment to the Pledge;

https://www.bathnes.gov.uk/sites/default/files/siteimages/Children-and-Young-People/Children-in-Care/the_pledge.pdf

 

On a motion from Councillor Kevin Guy, seconded by Councillor Chris Watt, it was (unanimously)

RESOLVED to approve the Bath and North East Somerset Council Pledge to Children and Young People in Care and Care Leavers.

13.

CODE OF CONDUCT - AMENDMENTS REGARDING COUNCILLOR ROLE DESCRIPTIONS AND GIFTS & HOSPITALITY GUIDANCE pdf icon PDF 68 KB

The Standards Committee recommends that the Code of Conduct is amended to reference the Councillor Role Descriptions and that Council adopt the updated Councillors’ Gifts and Hospitality Guidance.

Additional documents:

Minutes:

The Council considered a report regarding the Standards Committee recommendation that the Code of Conduct be amended to reference the Councillor Role Descriptions and that Council adopt the updated Councillors’ Gifts and Hospitality Guidance (Appendix A).

On a motion from Councillor Dine Romero, seconded by Councillor Sarah Bevan, it was (unanimously)

RESOLVED

1.  That, on a recommendation from the Standards Committee, the Code of Conduct be amended to include the following paragraph;

“Members should have regard to the Role Descriptions that have been adopted. Any Councillor complaints considered by the Standards Committee may use these as information;”

2.  That Council adopt the Councillors’ Gifts and Hospitality Guidance as part of the Code of Conduct as recommended by the Standards Committee.

14.

QUESTIONS, STATEMENTS, PETITIONS AND DEPUTATIONS FROM THE PUBLIC

The Democratic Services Manager will announce any submissions received. The Council will be invited to decide what action it wishes to take, if any, on the matters raised in these submissions. As the questions received and the answers given will be circulated in written form there is no requirement for them to be read out at the meeting. The questions and answers will be published with the draft minutes.

Additional documents:

Minutes:

Statements were made by the following members of public;

 

Andrew Dickens from the Lower Common East Allotment Association made a statement regarding the Association’s rights, a full copy of which is available on the Council’s Minute book and attached to the online minutes.  Councillor Dine Romero asked if Andrew would like to meet with a view to resolving this ongoing issue, to which Andrew responded that he wanted to be co-operative.  Councillor Sarah Bevan asked if Andrew had received a letter from the previous Leader to which he replied that he had not.

 

Luke Emmett made a statement regarding public engagement with the Council, a full copy of which is available on the Council’s Minute book and attached to the online minutes.  Councillor Dine Romero asked Luke how their offer of more inclusive decision making had been received; to which he replied that it had been received very well and was considered a very positive first step.

 

Vishaka Robinson made a statement regarding plans for Parkside Children’s Centre, a full copy of which is available on the Council’s Minute book and attached to the online minutes.  Councillor Kevin Guy noted Vishaka’s questions and asked if she would like to meet with him and the relevant officer, to which she replied that she would.  Councillor Paul May asked if Vishaka was aware that the Centre was being re-located due to repair problems, to which she responded that was aware but that it was being moved to a smaller location with less outdoor space.  Councillor Liz Hardman asked if Vishaka considered that moving it to a smaller site would result in fewer parents accessing its services, to which she responded that there were definitely concerns as the current centre was so well used, and some current users live in flats so outdoor space was very important.

 

Jane Middleton made a statement calling on Councillors to make a Food Poverty Action plan, a full copy of which is available on the Council’s Minute book and attached to the online minutes.  Councillor Richard Samuel asked Jane what else she considered the Council could do to add to the excellent work already being undertaken by the voluntary sector.  Jane replied that there was already a heavy burden on the voluntary sector and it was not right to leave this all to charity which was a patchwork solution. She suggested the Council could get in touch with other Councils who have already adopted a Food Poverty Action plan.  Councillor Alan Hale asked if Jane was aware that meetings had been taking place for the last 3-4 years between the Welfare team and Bath, Somer Valley and Keynsham foodbanks.  Jane replied that she had not been aware, but that it should not just be left to charity.  Councillor Colin Blackburn made reference to the 4500 emergency parcels and asked if Jane was aware of how many children were affected by food poverty across B&NES.  Jane replied that she didn’t have the exact number as there was  ...  view the full minutes text for item 14.

Statements pdf icon PDF 49 KB

Additional documents:

15.

QUESTIONS, STATEMENTS, PETITIONS AND DEPUTATIONS FROM COUNCILLORS

The Democratic Services Manager will announce any submissions received. The Council will be invited to decide what action it wishes to take, if any, on the matters raised in these submissions. As the questions received and the answers given will be circulated in written form there is no requirement for them to be read out at the meeting. The questions and answers will be published with the draft minutes.

Additional documents:

Minutes:

There were none.