Agenda and minutes

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/his successor at the Annual meeting of the Council in 2022. The present Chair(man) of the Council is Councillor Andy Furse who will preside over the election of his successor. Once the new Chair(man) is elected, she will make the Declaration of Acceptance of Office.

It was proposed by Councillor Paul Myers, seconded by Councillor Richard Samuel, and supported by Councillors Karen Walker and Robin Moss then

RESOLVED unanimouslythat Councillor Lisa O’Brien be elected Chairman of the Council for the Council year 2021/22.

The new Chairman made her declaration and acceptance of office. In her acceptance speech, Councillor O’Brien thanked Councillors for her election and explained that her preferred term of address was Madam Chairman.  She acknowledged the coming year would likely to continue to be challenging,  and pledged to uphold the integrity of the Council and its meetings to the very best of her ability.

It was proposed by Councillor Richard Samuel and seconded by Councillor Paul Myers and then

RESOLVED unanimously that Councillor Shaun Stephenson-McGall be elected Vice-Chairman of the Council for the Council year 2021/22.

Councillor Stephenson McGall made his Declaration of Acceptance of Office and thanked the Council for his appointment.  He further thanked ex Councillors Ruth Griffiths and Will Sandry who had helped him to enter politics in 1999.

On a motion from Councillor Kevin Guy, seconded by Councillor Andy Wait, it was

RESOLVED unanimously that the minutes of the meeting of 25^th March 2021 be confirmed as a correct record, to be signed by Madam Chairman in due course.

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.

The Monitoring Officer issued a general dispensation for agenda item 11 “Report of the Independent Remuneration panel“ to enable members with potential disclosable pecuniary interests in relation to remuneration for their roles as Councillors to take part in the debate and vote.  Failure to grant a dispensation would impede the transaction of the business of the meeting.

Councillor Robin Moss declared an ‘other’ interest in relation to statements made at minute numbers 12 and 13 as a family member is applying for EU settled status.

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

RESOLVED unanimously that this Council places on record its appreciation of the services performed by Councillor Andy Furse in the office of Chairman of the Council for 2020/21.

Councillor Andy Furse then addressed the Council and thanked Councillors and officers for their support in this unusual year, chaired purely in a virtual setting.  He described the various engagements he had been involved in, including Citizenship ceremonies when covid regulations permitted. Councillor Furse concluded by drawing attention to the Shining Light awards, displaying wonderful community spirit from across the area.  He concluded with further thanks and wished the new Chair well in her year.

The Chair then informed Council that a message of condolence  had been sent to the Queen following the death of the Duke of Edinburgh and she then invited Councillors to join her in observing a minute’s silence.

If there is any urgent business arising since the formal agenda was published, the Chair will announce this and give reasons why it has been agreed for consideration at this meeting. In making this decision, the Chair 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.

There were no items of urgent business.

The Council is required to elect a Councillor to be the Leader of the Council for the remainder of the 4 year election term from May 2021 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.

On a motion from Councillor Richard Samuel, seconded by Councillor Sarah Warren, it was

RESOLVED

1.  That Councillor Kevin Guy be elected as Council Leader until May 2023;

2.  To note that all decisions regarding the appointment of Deputy Leaders, 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.  A named vote was requested by Councillor Robin Moss, and supported by Councillors Colin Blackburn, Alan Hale, Eleanor Jackson, June Player and Karen Walker.

2.  The above resolution was carried on a named vote as set out below;

Councillors voting in favour (35); Councillors Rob Appleyard, Tim Ball, Sarah Bevan, Alison Born, Shelley Bromley, Neil Butters, Sue Craig, Paul Crossley, Gerry Curran, Jess David, Tom Davies, Winston Duguid, Mark Elliott, Andy Furse, Kevin Guy, Joel Hirst, Lucy Hodge, Duncan Hounsell, Dr Kumar, Hal McFie, Ruth Malloy, Matt McCabe, Sarah Moore, Michelle O’Doherty, Bharat Pankhania, Manda Rigby, Dine Romero, Mark Roper, Richard Samuel, Alastair Singleton, Shaun Stephenson-McGall, Andy Wait, Sarah Warren, Ryan Wills and David Wood.

Councillors voting against (8); Councillors Colin Blackburn, Liz Hardman, Shaun Hughes, Eleanor Jackson, Grant Johnson, Robin Moss, June Player and Karen Walker.

Councillors abstaining (13); Councillors Vic Clarke, Sally Davis, Douglas Deacon, Michael Evans, Alan Hale, Paul May, Paul Myers, Lisa O’Brien, Vic Pritchard, Brian Simmons, Karen Warrington, Chris Watt and Joanna Wright.

This report invites the Council to consider its non-executive and regulatory Committee arrangements for the Council Year May 2021 to May 2022 and associated annual business.

Before moving the recommendations, Councillor Kevin Guy paid a debt of gratitude to all staff in responding to the pandemic, and specifically thanked Councillor Dine Romero for steering this response.  Councillor Guy then outlined his priorities for the next two years.  He also took the opportunity to set out his new Cabinet members and portfolios;

He concluded by moving the recommendations which were seconded by Councillor Paul Myers, and then it was

RESOLVED unanimously to

1.  Approve the structure for non-executive and regulatory decision making and Policy Development & Scrutiny working (set out in current form in Appendix 1);

2.  Accordingly, appoint those bodies with membership, terms of reference and delegated powers as set out in the Constitution;

3.  Approve the allocation of seats on those Committees and Panels (such seats to be filled in accordance with the nominations made by the political groups);

4.  Appoint to chair each committee and panel those Councillors as may from time to time be nominated by the political group to whom the chairmanship of the body is allocated;

5.  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;

6.  Determine the bodies on which co-opted and independent members are to have seats, as either voting or non-voting members and appoint such members accordingly (current arrangements are set out in Appendix 1);

7.  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 outlined in section 5 of the report;

8.  Note the arrangements for the conduct of Cabinet business, as set out in section 6 of the report, and as outlined by the Leader;

9.  Note the activity of the Member Advocates, as set out in Appendix 2;

10.Instruct the Monitoring Officer, in consultation with Group Leaders, to make appointments on non-executive outside bodies and note that the Leader or Cabinet Members will do so for executive outside bodies, where such vacancies arise;

11.Note the calendar of meeting dates that has been prepared up to May 2022 which is available on the Council’s website;

12.Authorise the Monitoring Officer to make and publicise any amendment to the Council’s Constitution required, or take any other necessary action, as a result of decisions taken at this meeting on this and other reports within the agenda, or otherwise as required by law, and in particular to amend references to job titles within the Constitution, as described in section 9 of the report.

A report to consider arrangements for decision making post 7 May 2021.

An update report and revised recommendations had been circulated (and added to the online agenda pack) in the light of the High Court declaration that virtual meetings are not formal meetings of councillors after 7^th May 2021.

On a motion from Councillor Kevin Guy, seconded by Councillor Karen Walker, it was unanimously

RESOLVED to

1.  Determine to hold Council, Cabinet & all Committee meetings (including scrutiny) in accordance with Appendix A until further review by Council.

2.  Authorise the Monitoring Officer to make all necessary amendments to the Constitution to effect the arrangements to hold all meetings in accordance with Appendix A.

3.  Agree that these measures will automatically terminate on the coming into force of any regulations which permit remote attendance at meetings of the Council.

4.  Agree that all members unable to attend a council meeting for a period greater than six months receive a dispensation further to section 85(1) of the Local Government Act 1972 to 7 November 2021.

To consider the report of the Independent Remuneration Panel on Members’ Allowances.

The Committee considered the report of the independent panel on Members’ allowances following their review of the scheme.

Before moving the recommendations, Councillor Richard Samuel thanked the Panel which had been ably led by the Chair - Ronnie Alexander, for their incisive, wide ranging and professional report.

On a motion from Councillor Richard Samuel, seconded by Councillor Kevin Guy, it was

RESOLVED to

1.  Agree that, for the basic allowance:

a.  it be set at £8,951;

b.  it subsumes the homeworking allowance;

c.  it be index linked (meaning, the basic allowance and all SRAs be uprated annually on the basis of any headline percentage increase agreed by the National Joint Council (NJC) for Local Government as the pay award for staff on the national pay scale (Green Book) as set out at recommendation 18;

d.  the start of incremental increases be delayed until 2022/23, in recognition of the impact of Covid-19 on local residents;

e.  and, thereafter, in addition to increases due to index linking, be subject to additional annual increases of £750 per annum to be applied in 2023/24, 2024/25, 2025/26 and then a final uplift of £354 in 2026/27.

2.  Agree that, for the Special Responsibility allowances (SRA):

a.  They should be limited to no more than 50% of Members;

b.  The present reduction of 50% of a second SRA be removed so that this is paid in full, so this properly reflects the work undertaken and in particular, the additional performance management responsibilities addressed in the response to the Advisory comments;

c.  Note the Panel’s intention to review the current banding of allowances at an early opportunity;

d.  The inflationary uprating should apply to all SRAs.

3.  The Council Leader’s allowance should remain at £32,445 for 2021/22 subject to any inflationary uplift;

4.  The Deputy Leader’s allowance should remain at £19,484 for 2021/22 subject to any inflationary uplift;

5.  The Cabinet Members’ allowance should remain at £19,484 for 2021/22 subject to any inflationary uplift.

6.  The Chair of the Planning Committee allowance should remain at £14,314 for 2021/22 subject to any inflationary uplift.

7.  The Vice Chair of Planning Committee should receive an allowance of £3,578 for 2021/22 subject to any inflationary uplift;

8.  The Policy Development and Scrutiny Panel Chair’s allowance should remain at £7,952 for 2021/22 subject to any inflationary uplift;

9.  The Chair of Licensing Sub Committee’s allowance should remain at £5,052for 2021/22 subject to any inflationary uplift;

10.The Chair of Avon Pension Fund Committee should remain at £5,052 for 2021/22 subject to any inflationary uplift;

11.The committee member on the Avon Pension Fund Committee should remain at £3,817 for 2021/22 subject to any inflationary uplift;

12.Reject the IRP recommendations as noted at recommendation 20.

Reject the proposed change to the Group Leaders allowance in so far as this relates to the Leader of Council but accept the governance element for all  minority group leaders and continue to pay the allowance at the rate of £428 per member for  ...  view the full minutes text for item 10.

Council, on 10^th September 2020, adopted a Parental Leave policy and asked for 2 aspects to be further explored, to be reported back to the Council AGM in May 2021 regarding proxy voting; and options for handling casework.

The Council considered a report back on 2 aspects of the Parental leave policy which they had asked to be further explored regarding proxy voting and casework options.

On a motion from Councillor Robin Moss, seconded by Councillor Winston Duguid, it was unanimously

RESOLVED

1.  Note the position regarding proxy voting;

2.  Agree the following indicative steps for when a councillor indicates they intend to take a period of parental leave;

The Group Leader has a discussion with the councillor to establish;

a.  A formal agreement of relevant dates for start and end of period of leave (end date could be amended) and an agreement to notify this and any changes to Democratic Services;

b.  Whether the councillor would like to maintain any councillor responsibilities during this period and, if so, which ones;

c.  How and how often the councillor would like to be contacted;

d.  How they would like their Councillor Contact webpage to be amended regarding contact details;

e.  Record keeping arrangements during the period of leave;

f.  A review and handover of open issues at the start of the period of parental leave;

g.  Return/settling back in review at the end of the leave (work handover, whether further support is needed)

h.  Any other relevant considerations including undertaking a risk assessment as required;

i.  The Group Leader or Political Assistant then communicates the above information to Democratic Services and they jointly agree what is needed.  Understandably, each case will be individual, and so a flexible approach will be needed, and the arrangements may need to adapt with circumstances.

j.  Advice and support will be available from Democratic Services.

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.

Kari Elizabeth Erickson addressed the Council about the economic livelihood of the Bath community.  She suggested various measures to support local businesses and encourage tourism as the city comes out of lockdown.  A copy of Ms Erickson’s statement is linked to the online minutes.  Councillor Kevin Guy asked Ms Erickson if she was aware that one of the new Deputy Cabinet Leader roles would focus on the economic development of the area.  She responded that she was delighted to hear this and looked forward to engaging with this role.  Councillor Paul Myers asked Ms Erickson to clarify if she was saying that support for business could sit alongside the Council’s current priorities.  She replied that she was absolutely saying that.  Councillor June Player asked if there were any examples where Council could do more and Ms Erickson responded with the example of yoga classes in public spaces and difficulties with fee increases and cleanliness of public spaces.  The Chair thanked Kari for her statement which would be referred to the relevant Cabinet Members.

Jane Riekemann spoke as a representative of Bath for Europe, a non-party aligned campaign group, about EU settled status and urging Councillors to do all they can to ensure all affected B&NES residents apply for this status before the deadline of June 30^th 2021.  A full copy of Ms Riekemann’s statement is linked to the online minutes.  Councillor Kevin Guy asked Ms Riekemann if she and Bath for Europe would like to meet him and Councillor Ruth Malloy, Member Advocate for such issues, again to discuss this matter further.  She agreed that she would. The Chair thanked Ms Erickson for her statement which would be referred to the relevant Cabinet Members.

Bob Goodman made a statement to Council about environmental aspects.  He welcomed the news that Tufa fields had been saved and was pleased to see that the Clean Air Zone had been introduced.  He commented, however, that the signs on entering the city were confusing and not clear as to whether cars were included or not.  He also criticised the parking charges for older vehicles.  He commented on issues regarding various specific sites and his view that proper consultation had not taken place.  He commented that these issues were affecting tourism and business in the city and would result in worrying pollution levels near certain schools.  He also asked about electric charging points that had been negotiated with Defra.  Councillor Paul Myers asked Mr Goodman to clarify what he thinks the CAZ signs should say.  He replied that they should clearly state that cars are exempt.  The Chair thanked Mr Goodman for his statement which would be referred to the relevant Cabinet Members.

Martin Grixoni made a statement to Councillors about waste and recycling.  He commented that if the Council made it more difficult to recycle, fly tipping rates increased.  He cited statistics regarding annual incidences as evidence for this position. He also commented on the policy of charging for items such as  ...  view the full minutes text for item 12.

Councillor Ruth Malloy made a statement regarding EU settled status, supporting the earlier comments from Jane Riekemann and calling on Councillors to help spread the word.  A full copy of Councillor Malloy’s statement is available linked to the online minutes.  Councillor Kevin Guy asked Councillor Malloy if she would be happy to join discussion with him and Bath for Europe to which she replied that was happy to do so.  Councillor Liz Hardman asked about measures to spread this message more widely, to which Councillor Malloy responded that a poster was available which she would be happy to send to all Councillors to distribute at the most appropriate places in their wards.  The Chair thanked Councillor Malloy for her statement which would be addressed by the Cabinet Member.

Councillor Joanna Wright made a statement about the climate emergency, highlighting the urgent need for further action with a view to the longer term.  A full copy of Councillor Wright’s statement can be viewed linked to the online minutes.  Councillor Shaun Hughes made reference to the Free tree giveaway initiative and asked how many trees the Liberal Democrats were planning to plant.  Councillor Wright responded that she understood that the plan was for 100,000 in the next 4 years, but as 81,120 trees would be needed to offset 4000 car journeys in one area of Bath, clearly more trees were needed for any significant change.  Councillor Robin Moss asked for clarification regarding the Active Travel scheme Councillor Wright had referenced in her statement, to which she replied that it had been Councillor Kevin Guy to whom she had been referring.  The Chair thanked Councillor Wright for her statement which was referred to the relevant Cabinet Member.