Agenda and minutes

Apologies for absence were submitted for Councillors A Clarke, A Dale, A Foster, A Gibson, P Moss and R Parkinson.

No declarations of interest were received.

The Chairman congratulated Kim Johnson, an Arts Education Consultant for the County Council’s Virtual School, who had been awarded the British Empire Medal in the New Years’ Honours list for services to the arts, education, and young people.

Holocaust Memorial Day took place on 27 January and the Chairman spoke about residents being encouraged to light a candle in remembrance of solidarity against prejudice and hatred.

Tribute was paid to Freda Walker who tragically died at her home in Langwith Junction recently. The Chairman wished Ken, her husband, all the best for a speedy recovery.

The Chairman acknowledged the recent death of Councillor Lewis Rose OBE, who was the former Leader and longest serving Councillor on Derbyshire Dales District Council.

A number of Members spoke to add their own tributes to Freda Clarke and Councillor Rose and a minute of silence was observed.

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

RESOLVED

That the minutes of the meeting of the Council held on 1 December 2021 be confirmed as a correct record.

The Leader of the Council spoke about the recent government announcement regarding County deals and was pleased to report that Derby and Derbyshire had been selected as one of nine ‘pathfinder’ areas in the country. While a lot of the detail had yet to be worked through, this was an exciting proposition for Derbyshire and would build on the existing Vision Derbyshire work. He added that he hoped that further powers and funding would be devolved to the area particularly around transport, skills and training. He also expressed the Council is keen to hear what the views of the District and Boroughs are around the County Deal process and would be meeting with them and of course continuing the discussions with Derby City around the County Deals’ process as well.

In response to questions from Councillors Dixon and Fordham about how local government authorities would be organised in Derbyshire in light of the County deal, Councillor Lewis advised that as much of the detail had only just emerged, it was not possible to provide a full answer. However, the Council had always been working in the Vision Derbyshire mode which is a two-tier authority within Derbyshire and it was understood that it would not be necessary for Derbyshire to set up a combined authority or elected mayor arrangement for Tier 2 powers. Further discussions with district and boroughs may be required once more detail is known. Ultimately, it was understood that Derbyshire could decide how best to implement any new arrangements for taking more powers from government.

a)    Question from Ann Sheehy, Acclimatise Whaley to Councillor C Renwick, Cabinet Member for Infrastructure and Environment

“On behalf of our members I wish to raise our concerns about the continuing use of glyphosates by Derbyshire County Council.

The regulatory regime in place in the UK recognises that there are risks to the use of herbicides such as glyphosate and has set in place, for nearly a decade, measures which should limit use of such products. In March 2015, the International Agency for Research on Cancer classified glyphosate as “probably carcinogenic to humans”. There is a live debate about glyphosate’s environmental impacts and use in gardens. Some countries and many cities across the world have banned or strongly regulated the use of glyphosate. 

What is DCC’s policy on the use of glyphosate in particular and herbicides in general and is there any plan to reduce levels of herbicide used by the Council and its contractors?”

Councillor Renwick responded as follows:

Glyphosate as a weed controlled product is used in only very small quantities on Derbyshire County Council sites and by certified staff using the appropriate PPE.  This includes our Countryside Service sites and other land and property assets.

Primarily it is used as a herbicide on INNS, which is invasive non-native species on our Council sites and in practice this is giant hogweed and Japanese knotweed which to be honest there is very little satisfactory alternative treatment.  This is generally applied by spray but we have actually already started to use an injector to deliver a neater dose onto the plant stem which is a far more effective method of treatment and obviously reduces the amount of glyphosates that are used.

As the questioner was not present, there was no supplementary question.

b)    Question from David Ingham to Councillor S Spencer Cabinet Member for Corporate Services and Budget

The Chair permitted Mr Ingham to ask two procedural questions prior to him putting his previously submitted question.

“I have recently attended council meetings. It is beneficial for the public to see directly positive work done my members, their discussions and time committed.  The other reason public should ideally attend is because minutes are not verbatim. 

At the Audit Committee in September 2021, 2 particularly pertinent points regarding the Whistleblowing procedure were raised by members but not recorded.  At the Governance Committee in 2021 an individual raised matters about the chairs report – neither the matters raised or the individuals attendance were recorded.

Most meetings I have been the only member of the public present and whilst I don't feel lonely consider more can be done.  The Council website detailing meetings open to the public is not correct and has been raised. On individual webpages for each committee meeting it is not clear that the public can attend - and indeed at Scrutiny Committees even submit questions.

I ask if this key information can be added as it can only help to support open government and may possibly serve to reduce the  ...  view the full minutes text for item 6/22

There were no petitions.

a)  Question from Councillor R Flatley to Councillor C Hart, Cabinet Member for Health and Communities

“At the last Full Council meeting Cllr Fordham asked a question regarding pre-exposure prophylaxis (prep) where he stated that Derbyshire was the worst County in the East Midlands for late diagnosis. Could the cabinet member please confirm whether this statement was correct?”

Response from Councillor Hart:

Yes, you are right, Councillor Fordham did say that Derbyshire was the worst county in the East Midlands for late diagnosis.

I am pleased to tell you that he got his facts wrong.  I can confirm that the most recent data, aggregated across 2018-20 shows that Derbyshire is not the worst county.  In fact in comparison with local authorities who have similar characteristics to Derbyshire (which is our six nearest neighbours) it allows us to compare our performance more reliably against similar areas.  Derbyshire is the sixth best performing out of this Group of 16 similar authorities, which includes five of the East Midlands’ counties.

I think it really would help if perhaps members checked any facts that they are quoting at full Council as it can be very misleading.  The problem is that the press are usually in attendance and very often they take whatever is said as fact without sometimes perhaps checking for themselves whether the facts are correct so it does lead to a lot of misinformation out in the public domain.  So no, Derbyshire is not the worst but sixth best out of 16 similar authorities which does include five of the six East Midlands’ counties.

Councillor Flatley asked the following supplementary question:

Councillor Fordham also stated that 50% of HIV cases in Derbyshire are recorded late.  In light of your first response could you confirm whether this figure is also correct?

Councillor Hart responded as follows:

Yes, following on again I think Councillor Fordham got his facts wrong.  It is not 50% of HIV recorded late but 40%.  This equates to 14 people and covers the two-year period 2018-20.  This is very similar to the national average of 42.4%. Of course we want this figure lower and we have worked with DCHS to undertake an Equality Impact Assessment to compare service access and uptake also before the pandemic and at various stages during the pandemic.  We are involved in Public Health England, which of course is now the Office of Health Improvement and Disparities, in this work for independent assessment to challenge ourselves further.  This work is ongoing and highlights our commitment to reducing inequalities.  A piece of work has actually been applauded by PHE and was disseminated on their National Sexual Health and IV Commissioner’s hub as good practice, so whilst it is good to put the facts right it is also good to show what good work we are doing in this area.  

Following the answer, Councillor Fordham raised a point of explanation under Standing Order 11.8 stating that he had cited the statistics from the report of the Trust that  ...  view the full minutes text for item 8/22

The Executive Director for Corporate Services and Transformation introduced a report, which had been circulated in advance of the meeting, presenting the Council‘s Statement of Accounts for 2020/21.

Council welcomed Mark Surridge from Mazar’s, the Council’s external auditors, who highlighted some points in the report and concluded that Members should be assured that the financial processes, controls and operations at the authority were sound.

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

RESOLVED:

To note the report and the approved Statement of Accounts for 2020-21.

The Executive Director for Corporate Services and Transformation introduced a report, which had been circulated in advance of the meeting, providing Members with an update of Council Plan performance and a forecast outturn for the Revenue Budget for 2021-22, as at the end of the second quarter.

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

RESOLVED to note:

1)    The update of Council Plan performance and the Revenue Budget position/forecast outturn for 2021-22 as at 30 September 2021 (Quarter 2); and

2)    The position on General and Earmarked Reserves.

The Executive Director for Corporate Services and Transformation introduced a report, which had been circulated in advance of the meeting, asking Council to note the current and forecast positions for both General and Earmarked Reserves and the updated Reserves Policy.

On the Motion of Councillor S Spencer, duly seconded, it was:

RESOLVED to note:

1)    The current position on Earmarked Reserves.

2)    The details of the amounts to be released from Earmarked Reserves balances.

3)    The allocation of £3.707m Earmarked Reserves released to the Budget Management Earmarked Reserve; and

4)    The updated Reserves Policy.

The Executive Director for Corporate Services and Transformation introduced a report, which had been circulated in advance of the meeting, presenting the results of budget consultation exercises designed to assist Members in formulating budgetary proposals for 2022-23.

On the Motion of Councillor S Spencer, duly seconded, it was:

RESOLVED:

To note the views of consultation respondents regarding the Revenue Budget for 2022-23. 

The Executive Director for Corporate Services and Transformation introduced a report, which had been circulated advance of the meeting, proposing the Revenue Budget and Council Tax for 2022-23.

On the motion of Councillor S Spencer, duly seconded and in accordance with the Local Authority (Standing Orders) (England) (Amendment) Regulations 2014 a recorded vote was taken as follows:

For the motion:

Councillors Ainsworth, Ashton, Athwal, Atkin, Barron, Bull, Cupit, Flatley, Ford, M Foster, Gourlay, Griffiths, Grooby, Hart, Hobson, Hoy, Iliffe, Kemp, King, Lewis, Major, Muller, Musson, Patten, Redfern, Renwick, Rose, Siddle, Smith, Spencer, Stevenson, Sutton, Swann, Taylor, Wharmby, Wilson and Woolley.

Against the motion:

Councillors Allen, Bingham, Burfoot, Collins, C Dale, Dixon, Fordham, George, Gillott, Greenhalgh, Hayes, Hickton, Innes, Kinsella, Mihaly, Niblock, Ramsey, Woods and Yates

RESOLVED to:

1)    Note the details of the Autumn Budget, Spending Review 2021 and Provisional Local Government Finance Settlement as outlined in sections 4.3 and 4.4 of the report;

2)    Note the Government’s expectations about Council Tax levels for 2022-23 in section 4.5 of the report;

3)    Approve the precepts as outlined in section 4.5 and Appendix Four to the report;

4)    Approve that billing authorities are informed of Council Tax levels arising from the budget proposals as outlined in section 4.5 and Appendix Four to the report;

5)    Approve the contingency to cover non-standard inflation as outlined in section 4.7 of the report.  The contingency to be allocated by the Executive Director, Corporate Services and Transformation, as S151 Officer, once non-standard inflation has been agreed;

6)    Approve the service pressure items identified in section 4.8 and Appendix Five to the report.

7)    Approve the level and allocation of budget savings as outlined in section 4.9 and Appendix Six to the report;

8)    Note the comments of the Executive Director, Corporate Services and Transformation, as S151 Officer, about the robustness of the estimates and adequacy of the reserves as outlined in section 4.10 of the report;

9)    Note the details of the Council’s consultation activity as outlined in section 5 of the report;

10)Approve the Council Tax requirement of £369.688m which is calculated as follows:

11)Approve the use of the Revenue Contributions to Capital Expenditure Earmarked Reserve to provide one-off support to the 2022-23 Revenue Budget.

12)Authorise the Executive Director, Corporate Services and Transformation, as S151 Officer, to allocate cash limits amongst Cabinet portfolios; Executive Directors will then report to Cabinet on the revised Service Plans for 2022-23.

As the time was approaching 5 o’clock, in accordance with  ...  view the full minutes text for item 9/22e

The Executive Director for Corporate Services and Transformation introduced a report, which had been circulated in advance of the meeting, seeking approval of proposals relating to the Capital Starts Programme for 2022-23 and the Treasury Management, Investment and Capital Strategies.

On the Motion of Councillor S Spencer, duly seconded, it was:

RESOLVED to:

1)    Approve the new Capital Starts Programme for 2022-23 set out at Appendix Two to the report;

2)    Adopt the Treasury Management Strategy for 2022-23 set out at Appendix Three to the report;

3)    Adopt the Investment Strategy for 2022-23 set out at Appendix Four to the report; and

4)    Adopt the Capital Strategy for 2022-23 set out at Appendix Five to the report.

The Executive Director for Corporate Services and Transformation introduced a report, which had been circulated in advance of the meeting, concerning the method of appointment for the Council’s External Auditors.

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

RESOLVED to:

1)    Note the details of the requirement for the Council to procure a new external auditor for the audit of the Council’s accounts for 2023-24 and the four years thereafter;

2)    Note the options available in respect of how to make the appointment and Audit Committee’s recommendation that they support the preferred option of opting-in to the sector-led body, Public Sector Audit Appointments (PSAA), to undertake the procurement on behalf of the Council; 

3)    Approve that the Council becomes an opted-in authority, a decision which must be made by Full Council before 11 March 2022, which is the closing date to give notice to PSAA of the Council’s acceptance of its invitation to participate in a sector-led approach to procurement; and 

4)    Note the recent Government Letter on Local Audit Arrangements, which instructs PSAA to progress its proposed procurement strategy for the next round of local audit contracts from 2023-24.

Consideration was given to a report of the Executive Director for Corporate Services and Transformation, which had been circulated in advance of the meeting, seeking approval for the appointment of a new member of Derbyshire Pension Board (the Pension Board/the Board).

On the motion of Councillor S Spencer duly seconded it was

RESOLVED to:

Approve the appointment of Susan Ambler as an employer representative on Derbyshire Pension Board for a term of four years.

The Director for Legal and Democratic Services introduced a report, which had been circulated in advance of the meeting, seeking approval for proposed amendments to the Council Procedure Rules for inclusion in the Constitution.

In accordance with Standing Order 19.3 Councillor B Lewis proposed the motion, which was duly seconded.

RESOLVED:

That the motion stands adjourned without discussion until the next ordinary meeting of Council.

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

On the motion of Councillor B Lewis duly seconded it was

RESOLVED to note:

1)    Key decisions taken where special urgency provisions were agreed as detailed at Appendix 2 to the report; and

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

Council considered a notice of motion, which had been circulated in advance of the meeting, from Councillor W Major

Councillor Major spoke to advise Council that he wished to move an amended motion and, following a vote, it was

RESOLVED:

To accept a revised Notice of Motion from Councillor Major for debate.

Councillor Major proposed a motion, which was duly seconded, in the following terms:

This Council acknowledges:??

1.       Nature provides us with vital support systems, allowing life on our planet to continue;???

2.       The climate crisis is intimately linked to the damage to nature which is happening around the world; that nutrient cycles, such as the carbon, nitrogen, phosphate and water cycles are all regulated by nature and are linked together;?

3.       That we have responsibilities across the county of Derbyshire which have an impact on nature and that we will make decisions that protect and enhance it wherever possible;?

4.       The requirement to?take action?is urgent, as climate change is rapidly disrupting natural cycles and habitats in Derbyshire. Steps to address the climate crisis must be in tandem with action to help ecosystems recover and become more resilient;?

The Council acknowledges:

1.    The value of nature -

1.1 - The findings of the Dasgupta Review which highlights that nature is an asset on which all aspects of our society depend. There has been underinvestment in our natural assets which must be reversed.

1.2 - Our current demands on natural resources are unsustainable, requiring the equivalent of 1.6 Earths to maintain the world’s current living standards.

1.3 - Biodiversity is declining faster than at any time in human history. Such declines are undermining nature’s productivity and adaptability, which poses excessive uncertainty for our economies and wellbeing.

1.4 - Access to green space is a key factor in improving health and wellbeing and connection to it increases pro-environmental behaviour change.

2.       The interconnection to the climate crisis - 

2.1  - That the climate and ecological crises are interlinked and that nature can provide cost-effective solutions to fighting climate change.

2.2  - That climate change is displacing nature from its historic habitat ranges as average temperatures increase. To continue to help nature adapt, we need to make habitats more resilient and create and enhance wildlife corridors to allow nature to move to more suitable locations. 

3.       The path to rebuilding nature - The Lawton Review 

4.       In order to reverse this decline, four principles must be followed:

4.1 There must be more space given to wildlife;

4.2 That existing wild spaces must be expanded;

4.3 That the quality of existing wild spaces should be improved; 

4.4 That the connectivity between wild spaces must be increased.

Council, therefore RESOLVES to:

1.       Support the creation of a Local Nature Recovery Strategy that sits within the national Nature Recovery Network and underpins all planning, development and land management decisions. As part of this, we will:

1.1 Continue to improve the landscape’s resilience to climate change, providing natural solutions to reduce carbon and  ...  view the full minutes text for item 10/22