Agenda and minutes

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

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

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 of the Council. The term of office of the Chair expires on the election of his successor at the Annual meeting of the Council in 2024. The present Chair of the Council is Councillor Shaun Stephenson-McGall who will preside over the election of his successor. Once the new Chair is elected, she will make and sign the Declaration of Acceptance of Office, and receive the Chain of Office.

It was proposed by Councillor Kevin Guy, seconded by Councillor Robin Moss and supported by Councillors Shaun Hughes, Tim Warren and Sam Ross and then

RESOLVED that Councillor Sarah Moore be elected Chair of the Council for the Council year 2023/24.

Councillor Sarah Moore made and signed her Declaration of Acceptance of Office, received the Chain of Office from Councillor Stephenson Mc-Gall and then addressed the Council.  She thanked Members for their support and confidence in her and also the residents of Twerton and Whiteway.  She explained she was looking forward to various aspects of the Chair role, including showcasing our wonderful city, towns and villages, presiding over important events and citizenship ceremonies.  She expressed her intention to visit a large number of local charities and organisations to meet the volunteers who contribute to this vital role in the community.

FROM THIS STAGE OF THE PROCEEDINGS, COUNCILLOR SARAH MOORE PRESIDED AT THE MEETING.

It was proposed by Councillor Shaun Hughes, seconded by Councillor Kevin Guy, and unanimously

RESOLVED that Councillor Karen Walker be elected Vice-Chair of the Council for the Council year 2023-24.

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

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 4.4 Appendix 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.

There were no declarations of interest.

To be confirmed as a correct record and signed by the Chair.

On a motion from Councillor Chris Dando, seconded by Councillor Eleanor Jackson, it was

RESOLVED that the minutes of the meeting of 16^th March 2023 be approved as a correct record and signed by the Chair.

Councillor Sarah Moore presented Councillor Shaun Stephenson-McGall with his past Chair’s badge.

It was proposed by Councillor Kevin Guy, seconded by Councillor Robin Moss, supported by Councillors Shaun Hughes, Sam Ross and Tim Warren and

RESOLVED that this Council places on record its appreciation of the services performed by Councillor Shaun Stephenson-McGall in the office of Chair of the Council for 2022/23.

Councillor Stephenson-McGall then addressed the Council and, in so doing, thanked Members and officers for their support during his year in office. He highlighted a number of the key moments of the year and made particular reference to presiding over the ceremonies that marked the death of Queen Elizabeth 2^nd, and the proclamation for King Charles.

The Chair then;

1. 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;

2. Invited the Council to note the appointment of Councillor Kevin Guy as Liberal Democrat Group Leader, Councillor Robin Moss as  Labour Group Leader, Councillor Shaun Hughes as Independent Group Spokesperson, Councillor Joanna Wright as Green Party Group Leader and Councillor Tim Warren as Conservative Group Leader;

3. Reminded everyone to switch off/to silent their mobile phones and laptops;

4. 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; and

5. Reminded Members to use their microphones so that their comments are picked up for the webcast.

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.

This item is reported for information only and not for debate.

Council noted the urgent decision that had been taken by the Chief Executive on 25^th April 2023 to suspend the normal requirements on timing for the period in which a call-in meeting must normally be held, as the call-in had been received very close to the 4^th May election, the issue was deemed too sensitive to be considered in the week leading to the election and no constituted Panels would be in place until after this Council AGM on 25th May 2023.

This item was noted.

The Council is required to elect a Councillor to be the Leader of the Council for the 4 year term from May 2023 AGM to May 2027 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 Sarah Warren, seconded by Councillor Michelle O’Doherty, it was

RESOLVED that Councillor Kevin Guy be elected Leader of the Council for the 4 year term from May 2023 AGM to May 2027 AGM.

[Notes;

1.  The above successful resolution was carried with 49 Councillors voting in favour, 2 Councillors abstaining and 0 Councillors voting against.]

This report invites the Council to consider its non-executive and regulatory committee arrangements for the Council year May 2023 to May 2024 and other associated annual business.  The Council is also required to formally undertake a statutory review of the political proportionality arrangements (as triggered under section 15 of the Local Government and Housing Act 1989) in respect of bodies that are required to be politically proportionate, following the recent local Council elections in May 2023, and this report addresses this.

On a motion from Councillor Kevin Guy, seconded by Councillor Robin Moss, it was

RESOLVED to

1.  Approve a structure for non-executive and regulatory decision making, and the scrutiny function as set out in the Constitution and as circulated to all Councillors in advance of the meeting (and appended to the minutes);

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

3.  Approve the appointment of Members to the Committees and Panels in accordance with the requirements of political proportionality and the nominations made by the political groups (whilst noting the non-proportional basis of operating for the Licensing Sub-Committee as explained in paragraph 3.10 of the report);

4.  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;

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 and the allocation of chairing entitlements made at this meeting;

6.  Agree the bodies on which independent co-opted members have seats as either voting or non-voting members and appoint those members accordingly (as set out in the political proportionality table appended to the minutes);

7.  Expressly disapply the proportionality rule to the Restructuring Implementation Committee (with no Councillor voting against), as set out in section 3.9 of the report;

8.  Confirm that the chairing arrangement for the Standards committee set out in paragraph 3.11 of the report should continue (with an independent member taking the chair);

9.  Agree to defer consideration of allocation of Political Assistants until the outcome of the Paulton election is known, and therefore confirm existing appointments until then, on an interim basis;

10.Appoint 3 members to Avon Fire Authority on a proportionality basis to be determined;

11.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.Note the urgent executive decisions that have been taken in the last municipal year, as set out in paragraph 5.3 of the report;

13.Note the position regarding the frequency of meetings (as set out in Section 6 of the report) as the basis for enabling the diary of meetings to be prepared, including a date of 16th May 2024 for the May Council AGM, and to authorise the Monitoring Officer to project dates forward and prepare the diary on this basis;

14.Re-appoint the existing Independent Remuneration Panel (IRP);

15.Instruct the Independent Remuneration Panel to consider a Special Responsibility Allowance for the Cabinet Project Lead role, using the Job Description at Appendix 4 of the report;

16.Note the activity of the Member Advocates, as set out in Appendix 3 of the report;

17.Instruct the  ...  view the full minutes text for item 11.

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 experienced young adults.

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

Councillor Paul May moved this item, making reference to a slightly revised Pledge document which had been circulated to all Councillors (and is attached to these minutes).  The amended wording is the second bullet point of the ‘Your Care plan’ section and set out below;

ü  “Your Care Plan will consider your age, gender identity, sexual orientation, disabled or non-disabled status, religion or beliefs, ethnicity and cultural needs”

In seconding the item, Councillor Dine Romero drew Members’ attention to section 5.7 of the report, stating that it should refer to all Councillors, and not just Cabinet Members.

It was then unanimously

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

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.

Statements were made by the following members of the public;

Chad Allen made a statement calling on the Council to take action to remove English ivy from the trees in its area, as it was harmful to the tree population and affected the tree’s ability to filter clean air.  He explained it was not a native species, having been introduced into the country in the 18^th century.

Adam Reynolds made a statement calling for the pace of activity in delivering public realm improvements to be accelerated.  The statement is attached in full.  Councillor Saskia Heijltjes asked Mr Reynolds if he was clear about the guidance for liveable neighbourhoods, and what they could deliver.  Mr Reynolds responded that he understood hard measures needed to be in place before softer measures could be introduced.

Mrs Harrington presented a petition of nearly 500 signatures with the following request, and spoke in support;

“We, the undersigned residents of Bath and North East Somerset, and/or regular users of the supported bus services from neighbouring villages in Somerset, petition the authority to reconsider its decision to withdraw the subsidy for the 82 Tyning, Radstock-Paulton via Westfield and Paulton Hospital services and find means of funding it, and to restore the 42 Odd Down to the RUH.

Because

·  The elderly, disabled and those on low incomes are disproportionately affected, and have no alternatives so will be condemned to loneliness and isolation.

·  School children will not be able to travel independently to Midsomer Norton secondary schools.

·  Waiting for the no 4 (RUH) often means ill people standing for 20-30 minutes due to jams in Weston.

·  NE Somerset residents are being discriminated against.

·  There is a climate emergency.  Using public transport reduce B&NES carbon footprint.”

Councillor Kevin Guy asked if Mrs Harrington was aware that the WECA Mayor was responsible for bus transport, not the Council.  Mrs Harrington responded that the WECA Mayor had said that it was the Council, not WECA, who were responsible.  Councillor Sam Ross asked Mrs Harrington if she was aware that WECA had asked all its constituent councils to increase their bus subsidy budgets.  Mrs Harrington responded that locals would not mind paying towards this.

David Redgewell made a statement about various transport issues, including suggestions for addressing rural bus issues, and urged all parties to address this quickly by working together to find solutions.  A copy of the statement has been placed on the Minute book.  Councillor Kevin Guy asked if Mr Redgewell considered that, if BSIP money for these services is not provided, B&NES should advocate that it comes directly to the Council, as in North Somerset.  Mr Redgewell responded that it was necessary to check the regulations and go through the proper processes.  Councillor Saskia Heijltjes asked if Mr Redgewell was aware of an article regarding demand responsive transport likely failing if supported bus services were removed.  Mr Redgewell replied that he was aware, and made the wider point that it was about connecting people, places and  ...  view the full minutes text for item 13.

Councillor Eleanor Jackson made a statement about rural community bus services, a copy of which has been added to the Minute book and attached to the online record.

Councillor Saskia Heijltjes made a statement about effective scrutiny and the Green Party group’s aspiration to be more involved in this vital part of the Council’s decision making processes.  A copy of the statement has been added to the Minute book and attached to the online record.  Councillor Kevin Guy asked if her group would re-consider the offer of a place on the Corporate Audit Committee, which played an important role in scrutinising the Council’s financial and governance position.  Councillor Heijltjes replied that she would take this back to the group.

Councillor Sam Ross made a statement calling for collaborative working across the political groups and expressing regret that they had not been consulted earlier during the allocation of committee and panel places.  A copy of the statement has been added to the Minute book and attached to the online record.  As a North East Somerset Councillor, she highlighted that for small communities such as the one she represents, often needs are higher but investment is lower leading to inequity of provision.  Councillor Kevin Guy asked Councillor Ross if she was aware that committees and panels were established on a proportional system.  Councillor Ross replied that she was aware, as had been made clear by her statement.  Councillor Karen Walker asked if Councillor Ross was aware that all councillors can make statements at PDS panel meetings, to which Councillor Ross replied that she was.

The Chair thanked the Councillors for their statements which will be addressed by the relevant Cabinet Members.