Agenda and minutes

The Chairman will draw attention to the emergency evacuation procedure as set out under Note 7.

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

These are matters of information for Members of the Council on housekeeping issues regarding the meeting. No decisions will be required arising from the announcements.

The Chairman made the customary housekeeping announcements regarding the webcast, mobile phones and meeting procedures.

Declarations of interests had been registered on the Trade Union motion from Councillors John Bull, Anthony Clarke, Chris Dando, Liz Hardman, Eleanor Jackson, Joe Rayment, Nigel Roberts.  The Monitoring Officer issued a dispensation so that all Councillors could take part in the debate.

The Chairman announced the following dates for civic events in 2016;

·  Charity  Gala – 6^th February

·  Civic Reception at Roman Baths – 8^th March

·  Parish & Town Councillors Reception – 20^th April

·  Reception for School Governors – 6^th May

This report is to inform Council of the position following the receipt of a valid petition requesting a referendum on a move to a Directly Elected Mayor and Cabinet Executive form of governance, as required by Regulations 17 (1) and (2) of the Local Authorities (Referendums) (Petitions) (England) Regulations 2011 and Regulation 4 (1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2012. It sets out the arrangements for following the process required by legislation and also makes proposals for operating a Directly Elected Mayor and Cabinet Executive model in the event of a vote in favour of a directly elected mayor in the referendum. It also includes proposals relating to fees payable for the referendum and other elections.

The Council considered a report, deferred from 12^th November meeting, setting out arrangements for the process required by legislation following receipt of a valid petition requesting a referendum on a move to a Directly Elected Mayor and Cabinet Executive form of governance.  The report also made proposals for operating this type of governance model, and made reference to fees payable.

On a motion from Councillor Tim Warren, seconded by Councillor Francine Haeberling, it was

RESOLVED

1.  To note the position concerning the receipt of a valid petition as set out in paragraph 5.1 of the report;

2.  For the purposes of the publication of a notice required by Regulations 17(1) and (2), to approve the proposals set out in Appendix One on the operation of a Directly Elected Mayor and Cabinet Executive Model arrangements, should this model be implemented following a referendum;

3.  To approve the proposals for seeking recommendations of the Independent Renumeration Panel in the event of a vote in favour of a directly elected mayor in the referendum, as set out in paragraph 5.7 of the report; and

4.  To approve the fees as out in Appendix two of the report.

[Note: The motion was carried with 41 Councillors voting in favour, 0 against and 13 abstentions.]

This report seeks the agreement of the revised Bath & North East Somerset Local Development Scheme in order to establish the priorities for the preparation of Planning Policy documents for the period 2015-2019.

The Council considered a report, deferred from the meeting on 12^th November, seeking agreement to the revised Bath & North East Somerset Local Development Scheme in order to establish the priorities for the preparation of Planning Policy documents for the period 2015-2019.

On a motion from Councillor Liz Richardson, seconded by Councillor Bob Goodman, it was

RESOLVED

1.  To agree the Local Development Scheme in Annex 1 as the effective Local Development Scheme for Bath & North East Somerset for 2015-2019;

2.  To delegate authority to the Divisional Director for Development, in consultation with the Cabinet Member for Homes and Planning, to make minor amendments to the Local Development Scheme before publication; and

3.  That the Bath & North East Somerset Local Development Scheme 2015-2019 should be effective from 20^th November 2015.

[Note:  The above motion was carried with 41 Councillors voting in favour, 0 against and 13 abstentions]

To consider a proposal for continuation of the Local Council Tax Support scheme (LCTS) into its fourth year, with the policy to incorporate uprating of national personal allowances and benefits as necessary.

The Council considered a report, deferred from the meeting on 12^th November, proposing a continuation of the Local Council Tax Support scheme (LCTS) into its fourth year, with the policy to incorporate uprating of national personal allowances and benefits as necessary.

On a motion from Councillor Charles Gerrish, seconded by Councillor Paul Myers, it was unanimously

RESOLVED

1.  To approve delegated authority for the Lead Cabinet Member for Finance and Efficiency and the Section 151 Officer of Bath & North East Somerset Council to agree that there are no changes to the existing Council Tax Support Scheme for 2016-17, other than the application of national uprating adjustments and technical changes to ensure legal compliance as soon as practical; and

2.  To approve work to design an even more simplified scheme from April 2017-18 (which could enable greater use of digital channels for those claimants who can and choose to use them, and reduced complexity for both customers and personnel involved in delivering the support).

The grant the Council currently pays to Parish, Town Councils and the Charter Trustees in respect of the introduction of the Local Council Tax Support Scheme has been reviewed as part of the Council’s Medium Term Financial Planning process.

This report proposes reductions to the level of grant paid in 2016/17 and the phasing out of the remaining grant from 2017/18, in light of the reductions already made to the Council’s core funding received from central government and the further reductions anticipated over the next four years.

A Council decision is required ahead of the Budget setting meeting in February so parishes can be notified and factor the change in grant into their upcoming precept setting decisions.

The Council considered a report, deferred from the meeting of 12^th November, proposing reductions and then phasing out of the level of grant paid in light of the reductions to core funding received from central government.

On a motion from Councillor Charles Gerrrish, seconded by Councillor Paul Myers, it was

RESOLVED

1.  To approve the 2016/17 Parish Local Council Tax Support Scheme grants as set out in Appendix 1 to the report; and

2.  To approve the proposal to phase out the remaining grant from 2017/18 onwards as set out in Appendix 1 of the report, subject to confirmation of the Council’s financial planning assumptions in the Local Government Finance Settlement.

[Note:  The above motion was passed with 41 Councillors voting in favour, 13 against and 0 abstentions.]

The Dunkerton Parish Council, in the district of Bath and North East Somerset wishes to change its name to Dunkerton and Tunley Parish Council.

The Council considered a report, deferred from the Council meeting on 12^th November, concerning a request from Dunkerton Parish Council to change its name.

On a motion from Councillor David Veale, seconded by Councillor Les Kew, it was unanimously

RESOLVED to note the receipt of the request from Dunkerton Parish Council to change its name and agree to the making and publication of a Notice under Section 75 of the Local Government Act 1972 to change the name of Dunkerton Parish Council to Dunkerton and Tunley Parish Council.

In February 2012 the Council adopted the 2011 edition of the CIPFA Treasury Management in the Public Services: Code of Practice, which requires the Council to approve a Treasury Management Strategy before the start of each financial year, review performance during the year, and approve an annual report after the end of each financial year.

This report gives details of performance against the Council’s Treasury Management Strategy and Annual Investment Plan 2015/16 for the first six months of 2015/16.

The Council considered a report, deferred from the November Council meeting, giving details of performance against the Council’s Treasury Management Strategy and Annual Investment Plan 2015/16 for the first six months of 2015/16.

On a motion from Councillor Charles Gerrish, seconded by Councillor Tim Warren, it was unanimously

RESOLVED

1.  To note the Treasury Management report to 30^th September 2015, prepared in accordance with the CIPFA Treasury Code of Practice; and

2.  To note the Treasury Management Indicators to 30^th September 2015.

The Gambling Act 2005 (The Act) requires that licensing authorities review their Statement of Principles with regard to gambling every three years.  Following the completion of a consultation exercise, and a recommendation from the Licensing Committee, Council is asked to consider the responses received and the officer recommendations, before adopting the proposed Statement of Principles provided in Annex B.

The Council considered a report, deferred from 12^th November, requiring the Council, as licensing authority to review its Statement of Principles.

On a motion from Councillor Paul Myers, seconded by Councillor Martin Veal, it was

RESOLVED toadopt the Statement of Principles provided in Annex B to the report, having had regard to the responses received following the public consultation exercise, as recommended by the Licensing Committee.

[Note:  The above resolution was passed with 46 Councillors voting in favour, 5 against and 2 absentions.]

This report sets out several proposed amendments to the Constitution.  Appendices 1 – 6 deal with updates required to Contract Standing orders; Procurement Regulations, Budget Management and Financial Regulations, following scrutiny by the Corporate Audit Committee,  Appendices 7 – 8 were drawn up following discussions with the Constitution Working Group.

The Council considered a report, deferred from the meeting on 12^th November, concerning various amendments to the Constitution.

On a motion from Councillor Tim Warren, seconded by Councillor Charles Gerrish, it was

RESOLVED

1.  That the amendments to the Council’s Constitution as set out in Appendices 1 to 6 to the report be approved; and

2.  That the business of the February 2016 Council meeting focuses on budget items only (with discretion to the Chairman to add urgent items to the agenda) and members of the public wishing to speak are limited to items relevant to the budget and for 90 minutes only, with written notification submitted prior to the meeting and the Chairman to ensure a full range of budget issues are covered.

[Notes:

1.  During the debate, an amendment was moved by Councillor Dine Romero, seconded by Councillor Alison Millar, to approve appendices 1 to 6 but refer all remaining items back to the Constitution Working group. This motion was lost with 14 Councillors voting in favour, 40 against and 0 abstentions.

2.  The wording underlined in resolution 2 above was proposed by Councillor Robin Moss and accepted into the substantive motion by the mover and seconder.

3.  The successful resolution above was carried unanimously.

4.  During the debate, a short adjournment was called to enable clarification on the wording of Councillor Robin Moss’ amendment.]

To be moved by Councillor Robin Moss on behalf of the Labour group.

A motion was moved by Councillor Robin Moss, seconded by Councillor Joe Rayment, regarding the Trade Union Bill.

Following a vote, this motion was not carried.

[Note:  The motion was lost, with 22 Councillors voting in favour, 31 against and 1 abstention.]

Councillor Will Sandry had withdrawn his statement, originally registered for 12^th November, so there were no items from Councillors.