Agenda and minutes

Apologies for absence were received from Councillors J Barry, B Wright and P Wright.

Members are requested to declare the existence and nature of any disclosable pecuniary interest and/or other interests, not already on their register of interests, in any items on the agenda and withdraw from the meeting at the appropriate time. 

There were no Declarations of Interest.

To approve as a correct record and the Chair to sign the attached Minutes of the Council meeting held on 14 September 2020.  

RESOLVED –

That the Minutes of the Council meeting held on 14 September 2020 were approved as a true record (by acclamation). 

To receive any announcements that the Chair of the Council may desire to lay before the meeting.

The Chair of the Council, Councillor P Antcliff, informed Members that she had taken part in the socially distanced commemoration of Remembrance Day at the Council’s Mill Lane offices.  The Chair of the Council reminded Members of the sacrifices made by so many in both World Wars and in the conflicts which had occurred since then.

RESOLVED –

That Council noted the announcements of the Chair of the Council, Councillor P Antcliff (by acclamation).

To receive any announcements that the Leader of the Council may desire to lay before the meeting.

The Leader of the Council, Councillor A Dale, expressed his thanks to the Council’s staff and the staff of Rykneld Homes Limited (RHL), for all their hard work in adapting and responding to the challenges of the Coronavirus (Covid-19) outbreak. This work, he explained, had helped to ensure that the Council and Rykneld Homes could continue to support North East Derbyshire and its communities.

The Leader of the Council praised the contribution of Councillors from all political groups in helping the Council respond effectively to the virus outbreak. In particular, he emphasised the valuable contribution which the cross-party VIPER meetings had made.

The Leader of the Council also referred to the work which the Council had carried out to help the local economy recover from the impact of the Coronavirus (Covid-19). He highlighted the grant aid schemes which had been established and which would provide support to businesses that had been affected. 

The Leader of the Council explained how the difficult decision to place the District into the ‘Tier Two’ for Coronavirus (Covid-19) restrictions, prior to the imposition of the national lockdown, had helped to curb the sharp rise in the number of cases within the District. In this context, he emphasised just how important continued compliance with the social distancing rules would be, in order to reduce still further the spread of the virus.

Council heard about the progress which had been made on specific initiatives. Members heard that  the Council, working in partnership with Rykneld Homes Limited, had successfully bid for  a Green Homes Grant of  £575,000 to help improve insulation reduce carbon emissions and cut household energy bills for 110 homes in the Mickley area of the District.

RESOLVED –

That Council noted the announcements of the Leader of the Council, Councillor A Dale (by acclamation).

In accordance with Council Procedure Rule No 8 to allow members of the public to ask questions about the Council’s activities for a period up to fifteen minutes.  The replies to any such questions will be given by the appropriate Cabinet Member.  Questions must be received in writing or by email to the Monitoring Officer by 12 noon twelve clear working days before the meeting.

No questions have been submitted under Procedure Rule No 8 for this meeting.

Council was informed that no questions from the public had been received.  

To give consideration to amendments to the allocation of committee seats and appointments to committees following changes to proportionality.

The report to Council proposed an amendment to the membership of the Council’s Committees and Advisory Groups. This amendment was required under Section 85 of the Local Government Act 1972, which had automatically resulted in a Member vacating their office as Councillor.

Members were informed that in order to comply with the legal requirement for the Council’s Committees and Advisory Groups to be politically proportional, the positions allocated to the Labour Group at Annual Council, in May 2020 would have to be reduced by one place. The report proposed that this be achieved by removing the Labour Group position on the Standards Committee. This revised allocation of places would continue until the vacancy on the Council had been filled at an election. The allocation of positions on Committee and Advisory Groups would then be reviewed, to ensure that they were politically proportional. 

The report proposed no additional changes to the membership of the Council’s Committees and Advisory Groups. No other changes were suggested at the meeting.

Councillor A Dale and W Armitage moved and seconded the recommendations, as set out in the report.

Members discussed extensively the reasons why the former Councillor had vacated his seat. In particular, they questioned whether there had been scope to prevent this, what action had been taken to enable the Member to remain as a Councillor, by formally extending the time limits established under the Local Government Act 1972 and on how the matter had been communicated to both the Councillor and his political colleagues. Concern was raised that this communication had not been clear nor effective in explaining the position.

At the conclusion of the discussion, Some Members felt that a range of questions and concerns about the circumstances leading to the vacancy required further investigation and clarification. They stressed that the results of this further investigation should then be reported back to Council for consideration.

Councillor R Shipman and Councillor T Reader asked that the motion be amended to include a provision for the Monitoring Officer to carry out a review and investigation into the matter and the specific actions taken prior to the member vacating their office as Councillor. They also asked that this review and its findings be reported back to Council.

Councillor A Dale and Councillor W Armitage made clear that they accepted the amendment to the motion.

The motion, as amended, was put to the vote and was carried.

RESOLVED –

(Amendment to the motion underlined)

(1)       That Council agreed the allocation of seats of to its Committees and Advisory Groups, in accordance with the political balance rules as set out in Appendix 1 to the report.

(2)       That Council agreed the appointment to Committees and Advisory Groups, as set out in Appendix 2 to the report.

(3)       That Council noted that a vacancy had automatically arisen on the Authority and the Notice of Vacancy would now be made, with elections held at the earliest in May 2021.

(4)       That the Monitoring Officer be required to carry out  ...  view the full minutes text for item COU/62/20-21

Report of Councillor W Armitage, Chair of the Standards Committee, on the recruitment process for the appointment of a new Independent Person. 

The Chair of the Standards Committee, Councillor W Armitage, informed Members that one of the two ‘Independent Persons’, currently  appointed under the Localism Act 2011, with the requirement that they be consulted before any decisions  on complaints against Members were taken, intended to resign from his position. Consequently, a new Independent Person would have to be appointed.

The report to Council requested that the Monitoring Officer be authorised to launch a recruitment process to appoint a new Independent Person. It also recommended that the Council’s Scheme of Delegation be amended, so that the Monitoring Officer could launch future recruitment processes for a new Independent Person, without requiring the approval of Council first.

Members were informed that Council would continue to take the decision on who should be appointed to the position of Independent Person, following on from any recruitment exercise.

At the conclusion of the discussion, Councillor W Armitage and Councillor A Dale moved and seconded the recommendations as set out in the report.

The motion was put to the vote and was carried

RESOLVED -

(1)          That Council approved the recruitment for a further Independent Person to be appointed until the end of May 2023.

(2)          That Council noted the Job Description, Person Specification and Job advert for the post of Independent Person, as appended to the report.

(3)          That Council delegated authority to the Monitoring Officer to carry out the recruitment process for the vacancy to the post of Independent Person.

(4)          That the Political Group Leaders be briefed on the progress of the recruitment process for the vacancy to the post of Independent Person.

(5)          That Council delegated authority to the Monitoring Officer to commence a recruitment exercise on future occasions in the event that one  or both of the Independent Persons had resigned or indicated that they wished to resign, and

(6)          That the delegated authority to the Monitoring Officer be referred to the Standards Committee for inclusion in the Council’s Scheme of Delegation.

To receive a presentation from Karen Hanson, Director of Environment and Enforcement.

Council received a presentation on the review of the Council Plan 2019-23. This provided Members with an overview of what had been achieved during the Plan’s first year in operation. They heard how the Council had adopted an Older People’s Strategy, put in place a Green Homes Programme and increased the number of service transactions carried out online. Members also heard how the Council had worked to help vulnerable residents and to support businesses affected by the Coronavirus (Covid-19).

Members discussed the review of the Council Plan.  Council reflected on the difficult circumstances and challenges which had faced services during the year and how it had not been possible to achieve some specific goals or to make as much progress on others as hoped for. 

Council was informed that the existing performance targets had been reviewed to ensure that they remained appropriate, given the changed circumstances facing the Council. Following on from this review, a range of possible changes the Performance Framework had been identified. Other possible changes to the framework were still being assessed.

Members expressed their gratitude for all that had been done to support vulnerable local people during the period of the virus outbreak and their hope that this support could continue. There was a discussion about how the Council could help those who had been financially affected by the Coronavirus (covid-19) to claim the benefits available to them.

RESOLVED –

That Council agreed to note the Council Plan 2019-23 First Year Review (by acclamation).

To receive a presentation from Gill Callingham, the Director of Growth and Economic Development.

Council received a presentation on the Clay Cross Town Fund Bid. Members were reminded that the Government had established the Town Deal Fund in 2019. Clay Cross had been one of 101 towns, suffering from long term economic and other problems, invited to bid for up to £25M, to fund  projects to help their communities and businesses.

The presentation explained that a Clay Cross Town Deal Board had been established. The Board included Parish Council, local business and education sector representatives. It had overseen the preparation and submission of a ‘Town Investment Plan’, setting out the overall vision for the town and identifying a range of specific projects to help achieve this vision. Council heard that these included projects to improve the infrastructure, create a more integrated commercial centre and enable local people to gain new and improved skills.

Members were informed that Clay Cross had received an initial grant of £500,000 from the Town Fund, so that the preliminary work to implement specific projects could now take place. This preliminary work included the demolition of poor quality and derelict buildings. Council heard that the Government was expected to announce its final decision on how much Clay Cross would receive from the Town Fund early in the New Year.

Council thanked all those involved in establishing and supporting the Clay Cross Town Fund Board and in preparing the Town Investment Plan. Council hoped that the Town Investment Plan would be successful and secure the maximum amount of funding for Clay Cross. Members recognised that the local community should be closely involved in the project. In this context the Portfolio Holder for Economic Growth, Councillor C Renwick explained that she would seek to put in place ways for local people in Clay Cross to become involved in the work of the Board and the Town Investment Plan improvements.

RESOLVED - That Council agreed to note the progress to date on the Clay Cross Town Fund Bid (by acclamation).

Report of Councillor P Parkin, Portfolio Holder for Finance.

Council received an update report on the Treasury Management Strategy for 2020/21. The report gave details of the Council’s treasury management activities during the first half of the financial year (April to September 2020), covering both the Council’s day-to-day cash position as well as its long-term debt. In particular, the report provided information about the Council’s total outstanding Public Work Loans Board (PWLB) debt and how much of this had been repaid.

Members considered the report. They were informed by Councillor P Parkin, Portfolio Holder for Finance, that measures had been put in place which had helped to mitigate the impact of the Coronavirus (Covid-19) on the Council’s cash-flow. He also highlighted the longer term uncertainties caused by the virus outbreak on the Council’s finances and how, as a consequence, these would be difficult to assess.

Councillor P Parkin and Councillor A Dale moved and seconded the recommendations as set out in the report.

The motion was put to the vote and was carried.

RESOLVED - That Council noted the Treasury Management activities undertaken during the period April to September 2020

Report of the Leader of the Council

This item was withdrawn.

In accordance with Council Procedure Rule No 9.2 to allow Members to ask questions about Council activities.  The replies to any such questions will be given by the Chair of the Council or relevant Committee or the appropriate Cabinet Member.  Questions must be received in writing or by email to the Monitoring Officer by 12 noon twelve clear working days before the meeting. 

Question submitted by Cllr N Barker to Cllr A Dale, Leader of the Council

Following the decision from Government not to provide vouchers for those children receiving free school meals over the school holiday periods, can the Leader inform the Council as to what THIS Council is going to do to help provide meals to the 1500 or so children, and their families, who receive free school meals in our District during any school holiday whilst the COVID crisis is still ongoing?

The Chair informed Members that Councillor N Barker had withdrawn his question to the Leader of the Council, Councillor A Dale in the relation to the provision of free school meals during the Coronavirus (Covd-19) outbreak.

In accordance with Council Procedure Rule No 10 to consider Motions on notice from Members.  Motions must be received in writing or by email to the Monitoring Officer by 12 noon twelve clear working days before the meeting.

(a)            Motion submitted by Councillor R Shipman

Council notes:

·             That 16% (2019 figures) of state school children in Derbyshire rely on free school meals during term time.  The recent decision to not extend the free food voucher scheme, implemented at the start of the pandemic, for over the summer holidays.  The Covid-19 crisis means we are in unprecedented times.

Council resolves:

·             To work with all stakeholders across North East Derbyshire to deliver weekly food parcels to children who are entitled to free school meals starting from 7th December until 18th January.

·             To continue with the regular food bank collection points and engage with food retailers to assist with gathering food supplies to support the scheme.

·             That if supplies are greater than the demand for the service, look at other vulnerable groups to deliver parcels to.

·             To report back to full Council on how many people have been supported through the scheme.

(b)      Motion submitted by Councillor N Barker

Council Notes:

·             Following the full council meeting on 12th October 2020, the video footage was taken down from YouTube, edited to remove offensive words and re-uploaded with 10 seconds of content removed

·             All Councillors are responsible for their own behaviour in their role as a member of this council and should follow the Nolan Principles

·             The Nolan principles call for Holders of public office to act and take decisions in an open and transparent manner. That Information should not be withheld from the public unless there are clear and lawful reasons for so doing.

Council resolves:

·             That all video and audio footage should remain available online and by written request for 12 months from the date the video was recorded.

·             That no video or audio footage of council meetings, committees or sub-committees shall ever be edited.

(a)   Motion submitted by Councillor R Shipman

Members considered a motion submitted by Councillor R Shipman. This motion was about the provision of food parcels during December 2020 and early January 2021, to those children who would normally receive free school meals.

With the agreement of the Chair, Councillor R Shipman asked the Leader of the Council, Councillor A Dale, to provide an update on the recent changes which had occurred at a national and local level on this issue?

The Leader of the Council explained that the Government had announced a £170M Covid Winter Grant scheme. Funding under the scheme would be ring-fenced to the provision of food and support for vulnerable children and their families until March 2021. He also explained that the Government had announced the extension of the Holiday Activities and Food programme until Christmas 2021.

Members were informed that Derbyshire Council would receive £2.18M from the Winter Grant Aid Scheme. Although the Government had yet to specify the criteria for making payments, it appeared that the County Council, working with the District Councils and other partners, would have discretion to determine who should be supported using this grant aid and how best to support them.

Following on from this, Cllr R Shipman indicated that he would be prepared to support an amendment to the motion, which had been drafted by Cllr A Dale, to reflect these recent developments. 

As a procedural measure to enable the amended motion to be considered, Councillor R Shipman and Councillor D Hancock moved and seconded the original motion, as printed on the Council Agenda for the meeting.

Councillor A Dale then put forward his proposed amendment to the motion (changes underlined):

Council notes:

·                     That 16% (2019 figures) of state school children in Derbyshire rely on free school meals during term time.

·                     The recent decision to not extend the free food voucher scheme, implemented at the start of the pandemic, over the October half term.

·                     The Covid-19 crisis means we are in unprecedented times.

Council welcomes:

·                     The Government’s recent announcement of the £170m Covid Winter Grant Scheme to support vulnerable households with food and bills until March 2021 and the expansion of the Holiday Activities and Food programme to Christmas 2021.

·                     Derbyshire County Council’s allocation of £2.18m under the Covid Winter Grant Scheme. 

Council resolves:

·                     To offer support to Derbyshire County Council and commit to working with all relevant stakeholders across North East Derbyshire, including the County Council, to support the delivery of the Covid Winter Grant locally to vulnerable households.

·                     To continue with the regular food bank collection points and engage with food retailers to assist with gathering food supplies to support the scheme.

·                     That if supplies are greater than the demand for the service, look at other vulnerable groups to support.

·                     To report back to full Council on how many people have been supported through the scheme

Councillor A Dale and Councillor W Armitage moved and seconded the amendment to the motion.

The amendment to the motion  ...  view the full minutes text for item COU/69/20-21

The Chair to move:-

That the public be excluded from the meeting during the discussion of the following item of business to avoid the disclosure to them of exempt information as defined in Paragraphs 1 & 2, Part 1 of Schedule 12A to the Local Government Act 1972, (as amended by the Local Government (Access to Information) (Variation) Order 2006).

RESOLVED

That the public be excluded from the meeting during the discussion of the following item of business to avoid the disclosure to them of exempt information as defined in Paragraph 3, Part 1 of Schedule 12A to the Local Government Act 1972, (as amended by the Local Government (Access to Information) (Variation) Order 2006). 

To note the newly made appointments to SAMT

Council was informed that an Employment and Appeals Committee had carried out a full competitive interview process for the post of Head of Service, Economic Growth, Regeneration and Housing Delivery in the Growth and Economic Development Directorate. Following on from this interview process, the Employment and Appeals Committee had identified a preferred candidate, which the Committee had recommended should be appointed. Council was asked to endorse the recommendation of the Committee and to appoint the preferred candidate to the post.

Councillor A Dale and Councillor A Powell moved and seconded the recommendations as set out in the report.

The motion was put to the vote and was carried.

RESOLVED - That Council agreed the proposed appointment to the post of Head of Service   Economic Growth, Regeneration and Housing Delivery in the Growth and Economic Development Directorate, on the terms specified in the report.

To consider any other matter which the Chair is of the opinion should be considered as a matter of urgency.

The Chair explained that there was no urgent business for Council to consider and closed the meeting.