Agenda and minutes

To receive apologies for absence (if any)

Apologies for absence were received from Councillors Atkin, Clarke, Collins, Hickton, Innes, Kemp, Musson, A Foster, M Foster, Moss and Woods.

To receive declarations of interest (if any)

In respect of minute reference 25/22, Annual Report of the Independent Remuneration Panel, the Chairman reminded members of a blanket dispensation given to all councillors when discussing the Members Allowances’ Scheme at Council and Committee meetings. This was done under section 33 of the Localism Act 2011 and would be in force until the day of the Local Government elections in 2025. The dispensation would allow members to debate and vote on the subject of members’ allowances without fear of breaching the code of conduct regarding financial interests.

No declarations of interest were received.

The Chairman referred to the historic event of the coronation of King Charles-the-third  which was now on the horizon and the County Council had several ways to support local people to commemorate this momentous occasion.

Derbyshire residents were being urged to organise community events to celebrate the Coronation of His Majesty and to take advantage of a number of grants available from the county council and other sources, including our own Derbyshire Grants. More information on these could be found on the council’s website.

Grants for Coronation events could also be applied for from County  Councillors, following the recent extension to the Members Community Leadership Scheme.

This year each of the 64 County Councillors had been given an additional £1,500 which groups could apply for to hold Coronation-related events.

There were also plans to erect celebratory lamppost banners at 200 locations across the county, and commemorative mugs and wildflower seeds for members to distribute to schools and organisations in their wards would be available.

This would be an historic occasion and it is hoped that groups and organisations from across the county would apply for the available funds to get their events and commemorative activities off to a flying start.

The Chairman reported on the planned promotion event for local producers. The County Council embraced every opportunity to promote and support local farmers, producers, artisans and food and drink businesses across the County. He announced the first Producer's Market which would be held at County Hall. The event, which would be held on the same day as the Annual General Meeting on Wednesday 24 May, would provide the ideal opportunity for producers to showcase their products for free to a countywide audience, including County Councillors, staff and local residents

Finally, the Chairman congratulated all those involved in bringing the Great British Railways’ Headquarters to Derbyshire.

To confirm the minutes of the meeting of the Council held on 15 February 2023.

On the motion of Councillor B Lewis, duly seconded, it was

RESOLVED:

To confirm, as a correct record, the minutes of the meeting of Council held on 15 February 2023.

To consider the report of the Council Leader and Members' questions on the report

The Leader of the Council began his report by echoing the Chairman’s congratulations in respect of Derby being the successful bidder for the headquarters of Great British Rail. He expressed his gratitude to all of the officers that had been involved in the process.

He referred to the announcement in the recent budget around investment zones which had been allocated to Combined Authority Areas which had also included Derbyshire and this was very good news for Derbyshire and its residents.

Finally, the Leader acknowledged the £4.23m worth of pothole money allocated to the County which would be spent over the coming weeks and months.

The following questions were raised and responded to:-

Councillor Ford:

“As the Derbyshire County Council representative on the Rail Forum, which is based in Derby, I too applaud the decision by Government to bring the Rail Forum to Derby.  Does the Leader of the Council agree with me that the decision should make a tremendous difference and give the SMEs who work in the rail industry in and around Derbyshire a real boost?

Councillor Lewis responded as follows:

“Yes, I do believe it will make some pretty unique opportunities for our SMEs.  What we need to be doing I think both as a local authority but right across the region is making sure we can maximise those opportunities for all our SMEs to be able to access those opportunities in the future and I look forward to working with colleagues to do that.”

Councillor Fordham:

“Can I attach myself to the congratulations on securing the railway bid for Derbyshire and Derby specifically.  As the Leader probably knows the National Railway Museum in York hold a large number of railway items relating to Chesterfield and Derbyshire, notably a statue of George Stephenson, plaques to him submitted by other countries at his death, stained glass of a number of railway stations, signage and more from across Derbyshire.  Will the Leader be willing to help establish a dialogue with the Railway Museum in York to get some or all of those restored back to Derbyshire and possibly even Chesterfield?”

Councillor Lewis responded as follows:

“It has not come across my radar as a potential proposition.  I am always interested in our county’s heritage, anything we can do to enhance that.  If it is sensible to consider that dialogue then by all means I am open to it but I am sure they are in safe hands where they are for the time being until perhaps we can put together a sensible proposition otherwise.”

Councillor George:

“I agree with welcoming Great British Rail to Derbyshire which is excellent. You also mentioned the potholes. We have been doing a huge amount of pothole filling in the last few weeks. I went to see some of them that were done in my Ward two weeks ago.  They are already starting to gouge out and the stones to be dislodged causing problems blocking up the grids and causing more erosion. They haven’t even  ...  view the full minutes text for item 22/23

To consider public questions (if any)

Question from Maureen Potts to Councillor B Lewis, Cabinet Member for Strategic Leadership, Culture, Tourism and Climate Change

“Last year, Killamarsh library was transferred into Killamarsh Active Leisure Centre and the original, purpose-built library was subsequently demolished.  Can Cllr Lewis please provide the following information on the new facility and indicate how the figures compare to the equivalent time period in the previous year:

·        Number of library visits

·        Items borrowed

·        Computer reservations

·        Active members

·        Number of public computers

·        Number of books on site for loan

·        Indicative running cost of the building.”

Councillor Lewis responded as follows:

“I am quite proud of this piece of work that we did with Killamarsh Library and North East Derbyshire District Council to relocate the library to Killamarsh Active Leisure Centre and on the 26 October last year we opened that.  It is right there in the heart of the community.

It will take time to understand the full positive impact of the move however I am really pleased with the performance of the library over these 5 short months and look forward to continued success. It is a nice open fresh modern space and the area lends itself to a more relaxed sociable experience.  The new location is a real benefit to the local community where customers can enjoy multiple services in one place and this approach to relocation and co-location is one that we will look to capitalise as we work with our district and borough colleagues on a refreshed Library Strategy. 

The available data and comparison with the equivalent time period last year is as follows:  

Number of library visits 

Number of issues and renewals 

Computer reservations 

Active users 

Number of public computers

2021-22 – 4  

2022-23 – 2 

Unfortunately, we are unable to provide data regarding number of books on site for loan as our Library Management System cannot provide retrospective snapshots, so information about the state of the shelves in the past is not possible. 

It is not anticipated that there will be any increased costs associated with the transfer of the library. Given that the library has only been in its new location for 5 months, the full year effect of costs is not yet available. ”

Question from Wendy Bullar to Councillor B Lewis, Cabinet Member for Strategic Leadership, Culture, Tourism and Climate Change

“A Guardian article (07 March) revealed that more than 1,000 “super-emitter” sites gushed the greenhouse gas methane(trapping 80 times more heat than carbon, causing 25% of global heating) into the atmosphere in 2022 ……, mostly (emanating) from oil and gas facilities. Researchers  ...  view the full minutes text for item 23/23

To receive petitions (if any)

None received.

The Director of Legal and Democratic Services introduced a report, which had been circulated in advance of the meeting, that requested Council’s consideration of the Council’s Independent Remuneration Panel (IRP) following its consideration by the Governance, Ethics and Standards Committee.

The Director of Legal and Democratic Services highlighted the purpose of the report and then introduced Mr Peter Clay, Chairman of the Independent Remuneration Panel (IRP) who presented the report and answered questions in relation to it.

On the motion of Councillor S Spencer, duly seconded, it was

RESOLVED to:

1)   Accept the recommendations contained in the report;

2)   Agree to the application of the pay award in relation to Members’ Allowances for 2022/23 as detailed in the report, and approves the amended schedule of Members’ Allowances for 2022/23 as attached to Annex A to the Independent Remuneration Panel’s report;

3)   Agree the schedule of Members Allowances for 2023/24 as attached at Annex B to the Independent Remuneration Panel’s report; and

4)   Authorise the Monitoring Officer to make appropriate amendments to the Constitution to reflect any changes to the Members’ Allowances Scheme agreed.

The Managing Director introduced a report, which had been circulated in advance of the meeting, that sought approval of the proposal to create the East Midlands Combined County Authority for the areas of Derbyshire County, Nottinghamshire County, Derby City and Nottingham City, together with relevant delegations to the Managing Director.

The Managing Director pointed out a typographical area in paragraph 2.27 of the report in relation to the number of workers living in the area which should read 91% rather than 92%. The same error was made in Appendix 2 and Appendix 3 to the report.

Cllr Moss joined the meeting at 3:10 pm

Cllr Major left the meeting at 3:57 pm

On the motion of Councillor B Lewis, duly seconded, it was

RESOLVED to:

1)   Approve the final Proposal attached at Appendix 2 to the report, having due regard to the consultation responses and the public sector equality duty, to create the East Midlands Combined County Authority (EMCCA) for the areas of Derbyshire County, Derby City, Nottinghamshire County and Nottingham City;

2)   Note how the Proposal has been amended to take account of the results of the Consultation, other engagement activity, and recent developments as set out in the report and in more detail within Appendix 3 (the Summary of the Consultation and the Constituent Councils’ Response), Appendix 4 (the Consultation Report), and Appendix 4 (the Engagement Report);

3)   Delegate authority to the Managing Director to submit the Proposal to the Secretary of State in consultation with the Chief Executives of the other Constituent Councils once the Levelling-up and Regeneration Bill has received Royal Assent and the relevant provisions come into force;

4)   Delegate authority to the Managing Director to approve any typographical or technical amendments to the final Proposal which the Chief Executives of the other three Councils also agree on, on behalf of Derbyshire County Council, prior to submission; and

5)   Note that a further report will be brought back to Council in due course to consent to the relevant Statutory Instrument that will formally establish the East Midlands Combined County Authority EMCCA.

The Managing Director introduced a report, which had been circulated in advance of the meeting, that sought approval of the authority’s Council Plan Refresh 2023-25 and Departmental Service Plans Refresh 2023-25.

On the motion of Councillor B Lewis, duly seconded, it was

RESOLVED to:

1)   Approve the authority’s refreshed Council Plan 2023-25 as recommended by Cabinet at the 16March 2023 meeting;

2)   Approve the authority’s refreshed Council Plan Delivery Plan 2023-24 as recommended by Cabinet at the 16 March 2023 meeting; and

3)   Approve the authority’s refreshed Departmental Service Plans 2023-25 as recommended by Cabinet at the 16 March 2023 meeting.

The Interim Director of Finance and ICT introduced a report, which had been circulated in advance of the meeting that sought approval for the appointment of an Independent Chair for Derbyshire Pension Board.

On the motion of Councillor D Wilson, duly seconded, it was

RESOLVED:

To approve the appointment of Ronald Graham as Independent Chair of Derbyshire Pension Board for a term of four years from 1 April 2023.

The Director of Legal and Democratic Services introduced a report, which had been circulated in advance of the meeting, that sought approval to change two outside body appointments following the Long-Eaton by-election and a request from the organisation.

On the motion of Councillor S Swann, duly seconded, it was

RESOLVED:

To approve with immediate effect that:

1)   Councillor Flatley is appointed as the Council’s representative on Scargill’s Educational Foundation; and

2)   Councillor Hickton is appointed as the Council’s representative on the Long Eaton Town Forum.

The Director of Legal and Democratic Services introduced a report, which had been circulated in advance of the meeting that sought approval to the proposed changes to Political Balance and Committee Memberships following the creation of a fourth political group called the Reform UK Group in accordance with Regulations 8(1) of the Local Government (Committees and Political Groups) Regulations 1990.

On the motion of the Chairman, duly seconded, it was

RESOLVED: to approve the following changes to representation on committees:

1)    Replace Councillor Gourlay with Councillor Rose as a member of the Audit Committee; and

2)    Replace Councillor Ashton with Councillor Stevenson as a member of the Pension and Investment Committee.

The Executive Director of Corporate Services and Transformation introduced a report, which had been circulated in advance of the meeting, that sought approval of the Pay Policy Statement for publication on the Council’s website on 1 April 2023.

On the motion of Councillor S Spencer, duly seconded, it was

RESOLVED to:

1)   Approve the Pay Policy statement for the financial year commencing 1 April 2023, at Appendix 2 to the report and agree that the statement should be published on the Council’s website; and

2)   Agree that the Pay Policy Statement be updated accordingly, and the revised Pay Policy Statement published on the website to reflect the change in job title for the Director of Organisation Development and Policy to the Director of Organisation Resilience, People and Communications at the point the new Transformation and Strategy Division and Organisational Resilience, People and Communications Division are implemented.

The Director of Legal and Democratic Services and Monitoring Officer introduced a report which had been circulated prior to the meeting, that requested Council to note that references to the new Integrated Care Partnership (ICP) joint committee and their Terms of Reference had been included within the Council’s Constitution, as well as an amended terms of reference for the Health and Wellbeing Board (HWB) which had been revised in light of the creation of the Integrated Care Partnership (ICP) and approval of the terms of reference by Cabinet.

On the motion of Councillor Swann, duly seconded, it was

RESOLVED to note:

1)   The inclusion in the Constitution of reference to the new Integrated Partnership joint committee as established by Cabinet and their terms of reference as approved by Cabinet;

2)   The inclusion in the Constitution of the revised terms of reference for the Health and Wellbeing Board at Article 14 as approved by Cabinet; and

3)   That the amendments were reported to the Governance, Ethics and Standards Committee on 19^th January 2023.

The Director of Legal and Democratic Services introduced a report, which had been circulated in advance of the meeting, that notified Council of minor amendments made to the Constitution to  update the list of legislation under which the Council’s Trading Standards Service can take enforcement action.

On the motion of Councillor Swann, duly seconded

RESOLVED to note:

1)   The decision made by the Director of Legal Services to amend the Constitution to include the updated list of legislation to enable the Trading Standards Service to undertake necessary enforcement action; and

2)   That the amendments were reported to the Governance, Ethics and Standards Committee on 19 January 2023.

The Director of Legal and Democratic Services and Monitoring Officer introduced a report, which had been circulated in advance of the meeting, that sought approval for delegations in the Constitution to approve special severance payments.

On the motion of Councillor S Swann, duly seconded, it was

RESOLVED to approve:

The amendments of section A4 Staffing Conditions of Appendix 1 – Responsibility for Functions to the Constitution to include:

1)   A delegation to the Managing Director (as Head of Paid Service) with the approval of the Leader (as Chair of the Appointments and Conditions of Service Committee) to approve any Special Severance Payment on termination of employment between £20,000 and £100,000 in consultation with the S151 officer and Monitoring Officer;

2)   Authority for the Monitoring Officer with the agreement of the S151 officer to approve any Special Severance Payment on termination of employment between £20,000 and £1000,000 where the Head of Paid Service is unable to act; and

3)   Authority for the Vice-Chair of the Appointments and Conditions of Service Committee to approve any Special Severance Payment on termination of employment between £20,000 and £1000,000 where the Leader is unable to act.

The Director of Legal and Democratic Services and Monitoring Officer introduced a report, which had been circulated in advance of the meeting, that sought approval for amendments to the Local Choice functions in the Constitution and a number of consequential changes.

On the motion of Councillor S Swann, duly seconded, it was

RESOLVED to approve:

1)   The amended Section G Local Choice Functions set out in Appendix 2 to the report for inclusion in Appendix 1 – Responsibility for Functions of the Constitution; and

2)   The following amendments to the list of functions of the Full Council set out in Appendix 1 – Responsibility for Functions to the Constitution:-

a)   Add ‘making decisions relating t election functions; and

b)   Amend (h) to ‘changing the name and status of areas and individuals’.

The Director of Legal and Democratic Services and Monitoring Officer introduced a report, which had been circulated in advance of the meeting, that provided details of executive decisions that had been taken as a matter of urgency where 28 days’ notice of the decision could not be given and where call-in had been waived.

On the motion of Councillor B Lewis, duly seconded, it was

RESOLVED to note:

1)   The key decisions taken where special urgency provisions were agreed as detailed in Appendix 2 of the report; and

2)   The urgent decisions taken where the call-in procedure was waived under the Improvement and Scrutiny Procedure Rules as detailed in Appendix 3 to the report.

To consider questions submitted by Elected Members

Question from Councillor D Murphy to Councillor K Athwal, Cabinet Member for Highways, Assets and Transport

“Will the Cabinet Member for Highways Assets and Transport please explain what improvements have been made to the Highways of Derbyshire during the first two years of the 3-year £120 million Highways Capital Programme?”

Councillor Athwal responded as follows:

“Thank you, Councillor Murphy, for your question.  Before I move to the answer, I would like to pay tribute to my predecessor, Councillor Spencer, for having the vision to organise a deep dive of the Highways’ Service and to the previous Cabinet for having the courage of conviction to authorise the £120m Highways’ Capital Programme over three years.  This is the highest investment ever authorised by any administration to improve Derbyshire’s highways for all.  With the substantial investment the Highways Department was tasked with not only improving our highways and byways for all but also reducing the mountain of outstanding enquiries in the system.

Back in May 21 the outstanding enquiry level for highways was over 14,000 enquiries and the outstanding MP enquiries was over 300.  Currently our outstanding enquiry level has reduced by nearly 50% and we only have a handful of outstanding MP enquiries in the system.  A massive reduction from the previous level and when you consider that the Highways Department receives circa 90,000 enquiries per annum then it is expected that circa 7,500 enquiries will always be in the system as they are deemed “current”.

I am aware that Member enquiries are also very important and, in that respect, I tasked Councillor Cupit as my Cabinet Support to provide support to members.  I am aware that she has dealt with numerous Member enquiries bringing many to a satisfactory conclusion and I thank her for her efforts.  But what have we achieved to improve Derbyshire highways?  Since May 21 the Highways Service have delivered nearly £80m of highway maintenance and improvements.  The massive programme is double the size of any programme that was historically delivered and has been undertaken using a mixed economy model of in-house resources and external contractors along with consultants across a wide breadth of different areas.

Under Carriageways:

·      We have improved 550 roads to make them safer.

·      Reduced the number of defects on the network by up to 200,000 over the past 2 years, recently using up to 30 gangs to repair over 3,000 potholes per week.  Over 26,000 potholes have already been filled this year.

·      We have also improved 72 footways making them safer and easier for all to use.

In Structures:

·      We have repaired 12 bridges including Queens in New Mills, Swallowhouse in Hayfield, Shire Lane, Wharf Lane Footbridge, Nottingham Road in Ripley and a new bridge on the High Peak Trail at Longcliffe after it was damaged beyond repair by a lorry a few years ago, and hundreds of retaining walls have been repaired.

·      We have repaired 7 major landslips at Abney Clough, Lea Road, Shallcross Woods, Bowers Hall, Gold Lane, Long Hill and Denacre  ...  view the full minutes text for item 37/23

None received.