Agenda, decisions and draft minutes

To receive any apologies for absence.

Apologies were received from Councillors Nicola Clark, Dawn Denton, Hugh Davies, Andrew Govier, Edric Hobbs, Helen Kay, Val Keitch, Marcus Kravis, Christine Lawrence, Frances Nicholson, Tony Robbins, Gill Slocombe and Gwil Wren.

Although apologies had been received, Councillors Davies, Keitch, Kravis, Lawrence, Robbins, Slocombe and Wren attended the meeting online.

The Chair to advise the Committee of any items on which members of the public have requested to speak and advise those members of the public present of the details of the Council’s public participation scheme.

For those members of the public who have submitted any questions or statements, please note, a three minute time limit applies to each speaker and you will be asked to speak before Councillors debate the issue.

We are now live webcasting most of our committee meetings and you are welcome to view and listen to the discussion. The link to each webcast will be available on the meeting webpage, please see details under ‘click here to join online meeting’.

Public questions were received from:-

·       David Redgewell – Public Transport

·       Rosa Kell – Public Transport

·       Peter Travis – Public Transport

·       Nigel Behan – Council Tax

·       Eva Bryczkowski – Stroke Services

·       Matt Harrison – Shepton Mallet

·       Neil Rhodes – Council Complaints

The questions and responses provided are attached to the minutes in Annex A.

To approve the minutes from the previous meeting.

During the discussion, the following points were raised:-

·       Councillors requested that the names of the Council’s Aldermen and Alderwomen were listed in the minutes.

·       Councillors highlighted that the word bureau should be removed from Citizen’s Advice Bureau.

Resolved that the minutes of Full Council meeting held on 20 February 2024, with amendments, be confirmed as a correct record.

To receive and note any declarations of interests in respect of any matters included on the agenda for consideration at this meeting.

(The other registrable interests of Councillors of Somerset Council, arising from membership of City, Town or Parish Councils and other Local Authorities will automatically be recorded in the minutes: City, Town & Parish Twin Hatters - Somerset Councillors 2023 )

Councillorspresent atthe meetingdeclared thefollowing personalinterests in their capacity as a Councillor of a Town or Parish Council or any other Local Authority:-

To consider the two motions received from Members.

Supplemental Note in relation to Motion B:

On 23 April 2024, Somerset Council voted on a motion in respect of a commercial investment property it owns at 600 Aztec West.  That motion included a statement that “the tenant Elbit UK [is] a major UK based provider of weapons to the Israeli Defence Forces, used in the current Gaza catastrophe“.

Elbit Systems UK Limited have contacted us to say this is factually incorrect and they do not supply weapons or military equipment to the Israeli Defence Forces or the Israeli Ministry of Defence.

The Council would like to apologise and withdraw the statement that Elbit Systems UK Limited supplies military equipment to the Israeli Defence Forces or the Israeli Ministry of Defence.

Motion A - Plight of the Ukrainian People

Councillor Mark Healey proposed the recommendations which were seconded by Councillor Henry Hobhouse.

Having been duly proposed and seconded, the Council RESOLVED to:

·       Note that as a result of the ongoing conflict over 1 million Ukrainians had been forced to leave the country fleeing the conflict, and that many of those people who had remained in the country were facing a humanitarian crisis.

·       Stand in solidarity with Ukraine and the Ukrainian people against Putin’s illegal invasion along with their friends and relatives here in Somerset.

·       Note Somersets proud record of supporting refugees fleeing from Afghanistan, Syria and many other conflicts, helping them to settle in Somerset.

Full Council therefore would:

·       Continue to provide support locally to Ukrainian refugees, working in collaboration with the local voluntary and community sector.

·       Call on Government to continue to provide essential aid to Ukraine by sending a letter to the Prime Minister from the Chair of Council.

Supplemental Note in relation to Motion B:

On 23 April 2024, Somerset Council voted on a motion in respect of a commercial investment property it owns at 600 Aztec West.  That motion included a statement that “the tenant Elbit UK [is] a major UK based provider of weapons to the Israeli Defence Forces, used in the current Gaza catastrophe“.

Elbit Systems UK Limited have contacted us to say this is factually incorrect and they do not supply weapons or military equipment to the Israeli Defence Forces or the Israeli Ministry of Defence.

The Council would like to apologise and withdraw the statement that Elbit Systems UK Limited supplies military equipment to the Israeli Defence Forces or the Israeli Ministry of Defence.

Motion B - Council Property Investment

Councillor Brian Smedley proposed the recommendations which were seconded by Councillor Shane Collins.

Having been duly proposed and seconded, the Council RESOLVED to:

·       Note, that in the light of calls for an end of UK Arms sales to Israel, Somerset Council had been reviewing its interest in the Aztec West property in its commercial portfolio with a view to immediately disposing of the property or securing a means to legally evict the tenant Elbit UK, a major UK based provider of weapons to the Israeli Defence Forces, used in the current Gaza catastrophe.

·       Explore all ways of legally evicting Elbit UK or otherwise, to dispose of the property;

·       Ensure that moral and ethical considerations are fully appraised in addition to financial advantage in any future commercial property investments for yield.

The Chair of Council with the support of the Council proposed that agenda item 9 be taken earlier in the agenda in view of the significant councillor and public interest.

Motion A - Plight of the Ukrainian People

Councillor Mark Healey introduced the Motion and gave some background information and the reasons why he had brought the Motion to Full Council. 

The Council discussed the Motion and the following points were raised:-

·       Councillors were happy to support the Motion.

·       Councillors highlighted the work that the Council and the residents of Somerset had done in supporting and working with the Ukrainians.

·       Councillors hoped that Central Government would continue and extend the scheme until it was safe for the Ukrainian people to return to their home country.

Councillor Henry Hobhouse thanked councillors for their support on the Motion.

Councillor Mark Healey proposed the recommendations which were seconded by Councillor Henry Hobhouse.

Having been duly proposed and seconded, the Council RESOLVED to:

·       Note that as a result of the ongoing conflict over 1 million Ukrainians had been forced to leave the country fleeing the conflict, and that many of those people who had remained in the country were facing a humanitarian crisis.

·       Stand in solidarity with Ukraine and the Ukrainian people against Putin’s illegal invasion along with their friends and relatives here in Somerset.

·       Note Somersets proud record of supporting refugees fleeing from Afghanistan, Syria and many other conflicts, helping them to settle in Somerset.

Full Council therefore would:

·       Continue to provide support locally to Ukrainian refugees, working in collaboration with the local voluntary and community sector.

·       Call on Government to continue to provide essential aid to Ukraine by sending a letter to the Prime Minister from the Chair of Council.

Motion B - Council Property Investment

Councillor Brian Smedley introduced the Motion and gave some background information and the reasons why he and Councillor Shane Collins had brought the Motion to Full Council.  He highlighted the following:-

·       The details of the property acquisition by Sedgemoor District Council and their Commercial Investment Scheme.

·       Concern was raised on the humanitarian impact of the war in Gaza.

·       Concern was raised on the consequences of having a lease with Elbit UK and how that reflected on Somerset Council.

·       That the Council introduced an ethical policy consideration on all future leases.

Councillor Shane Collins thanked Councillor Smedley for proposing the Motion and highlighted that it had been difficult to secure consensus on the wording for the motion.

He highlighted the following:-

·       He raised concerns about the legacy investment.

·       He requested that the Council considered legal methods for eviction within the terms of the lease as he believed there were moral grounds for eviction.

·       He believed there were moral grounds for eviction.

·       He spoke on the background on Elbit UK and their business ethics.

·       Concern was raised on the war in Gaza.

·       He urged Council to support the Motion.

The Council debated the Motion and the following points were raised:-

·       Councillors thanked the proposer and seconder for their  ...  view the full minutes text for item 81.

To note the Chair’s Announcements including events detailed on the Chair’s Information Sheet.

The Chair of Council, Councillor Mike Best, referred to the events detailed on the Chair’s Information Sheet, circulated and published with the agenda.

Council observed a minute’s silence in memory of former Taunton Deane Borough Councillor Tony Beaven and former West Somerset Council Alderwoman Eileen Woods, who had sadly passed away. Several councillors paid tribute to them at the meeting, including Councillors Norman Cavill, Ross Henley and Steven Pugsley.

To consider the report that was discussed by the Executive on 8 April 2024 on the Medium Term Financial Strategy 2025-26 to 2029-30.

Councillor Liz Leyshon proposed the recommendations which were seconded by Councillor Bill Revans.

Having been duly proposed and seconded, the Council RESOLVED to approve the Medium-Term Financial Strategy (MTFS) for 2025/26 to 2029/30 and the savings targets for 2025/26. 

At the Executive Meeting held on 8 April 2024, the Executive further agreed:

·       That the Council continued with the aim of avoiding a section 114 notice by taking all of the necessary actions and continuing to operate as if one had been issued. 

·       To receive an updated Medium-Term Financial Plan in September 2024 which sets out the latest forecasts of future service costs, income and funding from 2025/26 to 2029/30. 

·       To continue actively campaigning for the reform of funding of councils and greater local freedoms. 

·       That the Financial Control Boards continued to operate in 2024/25 as set out in Appendix 3.  

The Deputy Leader of the Council and Lead Member for Resources and Performance, Councillor Liz Leyshon, introduced the report on the Medium-Term Financial Strategy (MTFS) for 2025-26 to 2029-30 which the Executive considered and endorsed at its meeting on 8 April 2024.

The report detailed the MTFS as a strategic document that set out the financial context, significant challenges, and priorities over the medium[1]term and was used as a basis to build the Council’s Medium-Term Financial Plan 2024-25 (MTFP). The MTFP, approved as part of the annual budget process, provided a detailed breakdown of how the Council plans to manage its finances to create a balanced budget and achieve its objectives. The MTFP included detailed projections of forecast income, expenditure, borrowing, savings and pressures over the medium-term.  Reference was made to the 6 key objectives of the MTFS and the need to update this following Council’s approval to the MTFP 2024-25 in February 2024.  Councillor Leyshon highlighted the MTFP 2025-26 development timetable in the report and the regular budget monitoring undertaken by the Executive and Scrutiny Committee for Corporate and Resources.

The Council discussed the report and the following points were raised:

·      Councillors highlighted the work carried out by the Audit Committee on the MTFS.

·      Councillors highlighted the increased workload on the MTFS this year due to signing off 5 sets of accounts from the predecessor councils.

·      Concern was raised on the actions arising from the work and councillors wanted assurance that the actions would be completed.

·      Councillors highlighted that the report detailed that officers were operating as if a Section 114 Notice had been issued and councillors wanted it confirmed that there was prohibition in place on council policies.

The Section 151 Officer advised that if a Section 114 Notice was issued, it would only be in place for a short period of time, but it would put an immediate stop on new spend and non-statutory spends and that the report did refer to the process that would be followed.

·      Concern was raised that the report proposed cuts in services, reductions in staff and an increase in Council Tax, but it did not address the reduction in the budget gap.

The Lead Member for Resources and Performance advised that the Council had raised its Council Tax by the maximum amount allowed by Central Government and acknowledged it was a huge budget gap to fill.  She advised that the Council had implemented Spend Control Boards who were operating as if a Section 114 Notice had been issued.  She further advised that capitalisation could be used if other borrowing was avoided and that the Council could also use their commercial investments.  The Lead Members were still passionate about delivering services in Somerset to support their residents.

Councillor Liz Leyshon proposed the recommendations which were seconded by Councillor Bill Revans.

Having been duly proposed and seconded, the Council RESOLVED to approve the Medium-Term Financial Strategy (MTFS) for 2025/26 to 2029/30 and the savings targets for 2025/26. 

At the Executive Meeting  ...  view the full minutes text for item 83.

To consider the report to appoint an interim Service Director.

Councillor Sarah Wakefield proposed the recommendations which were seconded by Councillor Sue Osborne.

Having been duly proposed and seconded, the Council RESOLVED to confirm to extend the arrangement for Niki Shaw, Strategic Manager, Quality, Performance, Policy and Assurance, to provide continued emergency cover to the post of Service Director Strategy, Transformation and Performance, with effect from 1 April 2024 for a temporary period until 30 November 2024 or until a formal restructure decision is made on this post, whichever is sooner.

The Chief Execuitve, Duncan Sharkey, introduced the report which set out the urgent operational and financial need to agree continuation of emergency cover arrangements in Adult Services for the vacant post of Service Director - Strategy, Transformation and Performance, to ensure strong leadership was in place to ensure the Newton Europe contract was held to account to deliver the planned efficiencies and contribute to the Medium-Term Financial Plan objectives. This temporary arrangement also recognised the statutorily important work on Adult Services strategy, quality, performance, policy and assurance (CQC inspection readiness). Temporary arrangements were necessary pending a review of the role which was proposed as part of the Countywide transformation programme in response to the financial emergency.

Councillor Sarah Wakefield proposed the recommendations which were seconded by Councillor Sue Osborne.

Having been duly proposed and seconded, the Council RESOLVED to confirm to extend the arrangement for Niki Shaw, Strategic Manager, Quality, Performance, Policy and Assurance, to provide continued emergency cover to the post of Service Director Strategy, Transformation and Performance, with effect from 1 April 2024 for a temporary period until 30 November 2024 or until a formal restructure decision is made on this post, whichever is sooner.

To consider the report on Member Dispensation.

The Deputy Monitoring Officer, Scott Wooldridge, introduced the report which set out two Chief Executive Non-Key Decisions both relating to Member Dispensation.

Council wished both councillors well along with a speedy recovery.

The Council noted the report.

To note the report of the Leader and Executive and to also receive any questions with notice for the Lead Members.

The Leader of the Council, Councillor Bill Revans, introduced the report which included a summary of the key decisions taken by the Leader and Executive.

Member Questions were received from:-

·       Councillor Norman Cavill – Connecting Devon and Somerset – Airband.

The questions and responses are attached to the minutes in Annex B.

The Council discussed the report and the following points were addressed to Lead Members:

Lead Member for Communities, Housing and Culture

·       Councillors queried whether the licensing policy from a legacy council still existed which prevented the last public house in a village from closing.

Lead Member for Transport and Digital –

·       Concern was raised at the state of the bridge at Coldharbour Farm.

·       Councillors queried who was responsible for the repairs/maintenance between County Farms Estate and Highways.

·       Concern was raised on an incident of a car overturing near Bruton and how Highways responded.

·       Councillors requested for Council to look into putting in place a policy with specific reference to highways tree planting.

·       Concern was raised on the removal of BSIP funding from Bridgwater.

·       The Lead Member for Transport and Digital reminded councillors that he would be available to discuss casework prior to each meeting of Full Council and outside of the meetings.

The Council noted the report.

To note the annual report of the Lead Member for Economic Development, Planning and Assets.

The Lead Member for Economic Development, Planning and Assets, Councillor Ros Wyke, introduced her annual report.

The Council discussed the report and the following points were raised:

·       Councillors queried the loss of funds due to the predecessor council’s commercial investment purchases.

The Lead Member for Economic Development, Planning and Assets advised that in reality, the Council’s business was led by Central Government who had lowered the funding given to Local Authorities and had encouraged commercial investment.  She also highlighted that Somerset Council had no control over market factor which had impacted the sale of assets.

·       Concern was raised on the role of the Strategic Planning Committee and that it was no longer covering the strategic aspects of planning.

The Lead Member for Economic Development, Planning and Assets highlighted that the Strategic Planning Committee still covered rights of way, performance statistics, nutrient schemes and strategies, village greens and neighbourhood plans and that mineral applications were due to return to that committee.

·       Councillors commended the work carried out on the Gravity Project.

·       Concern was raised on the Hinkley Point C (HPC) Workforce and the figures stated in the original Development Consent Order and councillors queried what the consequences were for going over those figures.

·       Concern was raised on the impact on the county by having too many HPC workers living in the area.

The Lead Member for Economic Development, Planning and Assets agreed with the concerns on the area and had written to EDF about the increase in workforce numbers.

·       Councillors highlighted some anomalies within the report on switching to renewable sources.

·       Councillors queried previous advice received regarding Public Works Loan Board and its use alongside Commercial Investment Strategies.

·       Councillors were pleased to see that filming within the Somerset area was being promoted.

·       Concern was raised on the capacity within the Legal Team to handle the necessary work to be carried out on asset disposal.

·       Councillors requested further detail on the asset disposal process.

The Lead Member for Economic Development, Planning and Assets was happy to meet outside the meeting to discuss.

·       Councillors urged the Lead Member to ensure that both Division Councillors and Parish Councillors were included in discussions held on disposal of assets within their areas.

·       Councillors queried whether Somerset Council had a strategy on Solar Farm Drainage.

·       Councillors queried the proposed changes to the Constitution and those parts which related to the Area Planning Committees and the Strategic Planning Committee.

The Lead Member for Economic Development, Planning and Assets advised on the process that had been followed on the review on the Constitution and that working groups had been set up and the Constitution and Governance Committee had discussed the proposals prior to them being brought to Council at the Annual General Meeting in May 2024.

The Council noted the report.

To note the report of the five Scrutiny Committees.

The Chair referred councillors to the report which set out the activity of each of the 5 Scrutiny Committees since February 2024.

The Council discussed the report and the following comments were made:-

·       Councillors thanked the Chairs of the 5 Scrutiny Committees for their hard work.

·       Councillors thanked all the officers for their support.

·       Councillors commended the report.

The Council noted the report.

To note the annual report of the Standards Committee.

The Chair of the Standards Committee, Councillor John Bailey, introduced the annual report of the Standards Committee.

Councillors commended the report and the work of the committee.

The Council noted the report.