Agenda and minutes

Apologies for absence were received from Councillor Dan Salt.

Members should declare the existence and nature of any Disclosable Pecuniary Interest and Non Statutory Interest as defined by the Members’ Code of Conduct in respect of:

a)  any business on the agenda

b)  any urgent additional items to be considered

c)  any matters arising out of those items

and if appropriate, withdraw from the meeting at the relevant time.

Members were reminded by the Monitoring Officer that Members in arrears of Council Tax by more than 2 months must not vote in decisions on or which might affect budget calculations, and must disclose at the meeting that this restriction applies to them.  A failure to comply with these requirements was a criminal offence under Section 106 of the Local Government Finance Act 1992.

The Monitoring Officer added that any Members who were tenants of a Council property should declare an interest for any budget setting item, but these Members had an automatic dispensation to remain in the room to speak and vote on the items in question.

The Monitoring Officer also reminded Members that votes on budget and Council Tax setting items would be done via recorded vote as set out by the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014.

Councillor Steve Fritchley (Leader of the Council) declared a disclosable pecuniary interest in budget setting items as he paid a service charge and ground rent for a leasehold property belonging to the Council.

Councillor Sandra Peake declared that the Section 106 Local Government Finance Act 1992 restriction could apply to her because she was unsure of being up to date with her Council Tax payments.

Councillor Chris Kane declared a non-significant interest in motion 7b) as a Master with the Four Shires Bloodhounds, which was a different type of hunt to the ones described in the motion.

Councillor Graham Parkin declared a disclosable pecuniary interest in agenda item 9 (Treasury Strategy Reports 2021/22-2024/25) because the Capital Strategy report mentioned Lloyds Bank as the bank of the Council, and he held shares in Lloyds Bank.

Councillor Mary Dooley declared a disclosable pecuniary interest in budget setting items as a Council tenant.

Councillor Janet Tait explained that she recently moved house and there had been an administrative problem with Council Tax being collected from her new house, leading to her being behind in Council Tax payments for 2 months.

The Monitoring Officer advised Members that the interests submitted would be recorded in the minutes but none of them would prevent Members from voting on items apart from the ones submitted by Councillor Janet Tait and Councillor Sandra Peake. The Monitoring Officer added that because there was a possibility of them both being in arrears of Council Tax for more than 2 months, they should not vote on budget setting items as per Section 106 of the Local Government Finance Act 1992.

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

The Chair asked Members to join him in a moment of silence for all of those in the District and the country impacted by COVID-19, including the recently passed Captain Sir Thomas Moore.

The Chair reminded Members to be aware of their backgrounds in virtual meetings, particularly any visible advertising paraphernalia.

To approve the Minutes of the Council meeting held on 9^th December 2020

Moved by Councillor Tom Munro and seconded by Councillor Chris Kane           

RESOLVED that the minutes of a meeting of Council held on 9^th December 2020 be approved as a true and correct record.

In accordance with Council Procedure Rule 8, to allow members of the public to ask questions about the Council’s activities for a period of up to fifteen minutes.  A question may only be asked if notice of seven clear working days has been given.

In accordance with Council Procedure Rule 8, Members of the Public were able to ask questions to an Executive Member about the Council’s activities for a period of up to 15 minutes.

The Chair indicated that no questions had been submitted.

In accordance with Council Procedure Rule 9, to allow Members to ask questions about Council activities.  A question may only be asked if notice of seven clear working days has been given.

NONE

In accordance with Council Procedure Rule 9, Members of Council were able to ask questions about the Council’s activities to either the Chair of the Council, Chairman of a specific Committee or a relevant Portfolio Holder.

The Chair indicated that no questions had been submitted.

In accordance with Council Procedure Rule 10, to consider motions on notice from Members.

7a) Motion submitted by Councillor Steve Fritchley

7b) Motion submitted by Councillor Nick Clarke

7c) Motion Submitted by Councillor Nick Clarke

In accordance with Council Procedure Rule 10, Councillors were able to submit Motions on Notice for consideration at this meeting.

The Chair noted that three motions had been submitted.

a) Motion from Councillor Steve Fritchley:

The All Party Parliamentary Group on British Muslims was established in 2017 to highlight the aspirations and challenges facing British Muslims; to celebrate the contributions of Muslim communities to Britain and to investigate prejudice, discrimination and hatred against Muslims in the UK.

The APPG’s most recent publication is a ‘Report on the inquiry into a working definition of Islamophobia / anti-Muslim hatred’. This inquiry acknowledges that across policy domains, from employment, education and criminal justice to housing, healthcare and hate crime, Islamophobia has a significant negative impact on the life chances and quality of life enjoyed by British Muslims.

To demonstrate its commitment to tackling Islamophobia in all forms, Council is asked to adopt the following definition, as proposed in the APPG Report; 

“Islamophobia is rooted in racism and is a type of racism that targets expressions of Muslimness or perceived Muslimness.”

Councillor Steve Fritchley (Leader of the Council) moved the motion, adding his belief that the Council had a proud anti-prejudice tradition and this definition was in the same vein.

Councillor Duncan McGregor (Deputy Leader of the Council) seconded the motion and reserved the right to speak.

No other Members wished to speak on the motion.

On being put to the vote, the motion was carried.

RESOLVED that Council adopts the following definition of Islamophobia, as proposed in the All Party Parliamentary Group on British Muslims Report:

“Islamophobia is rooted in racism and is a type of racism that targets expressions of Muslimness or perceived Muslimness.”

(Head of Paid Service/Monitoring Officer)

b) Motion from Councillor Nick Clarke:

Bolsover District Council notes that fox hunting, deer hunting and hare hunting with dogs has been illegal under the terms of the Hunting Act 2004, except where an exemption applies.

Most registered hunts claim to now be trail hunting, an activity ‘invented’ after the ban which allows hunts to claim that any chase of a wild mammal is purely accidental rather than intentional.

This has been shown to be nothing more than a smokescreen in an attempt to deflect from the real truth which is that that trail hunting is in reality illegal fox hunting. If trail hunts were genuine there would be no need for the presence of terrier men who shore up Fox Earths and Badger Setts to prevent foxes going to ground. Last summer there were a series of training webinars where senior members of the hunting fraternity openly admitted how they flout the 2004 Hunting Act. This has been suspected for many years but has now been confirmed. It has been admitted by the Hunting fraternity themselves, that trail hunting where the chase of a wild mammal occurs is deliberate, pre-planned and intentional rather than accidental as they falsely claim. 

 In order to prevent any “illegal” hunting on Council owned land,  ...  view the full minutes text for item CL760-20/21

Report of the Portfolio Holder for Finance and Community Safety on the Medium Term Financial Plan for 2021/22-2024/25.

The Portfolio Holder for Finance and Community Safety (Councillor Clive Moesby) presented the Medium Term Financial Plan 2021/22 to 2024/25 report to Members. The report provided Members with an overview of the Council’s financial position, and sought to approve the proposed budget for 2021/22 for the General Fund, Housing Revenue Account and Capital Programme as part of the Council’s Medium Term Financial Plan covering the years 2021/22 to 2024/25. 

Councillor Ross Walker referred to the part of the General Fund Detail (Appendix 2) table titled ‘G170 S106 Outdoor Sports’ and asked why this had increased so much between the original budget (£0) and the revised budget (£292,695). The Section 151 Officer explained that the revised budget amount was the amount of Section 106 money that had been received and was going to be spent.

The recommendations in the report (6.1 to 6.12) were moved by Councillor Clive Moesby and seconded by Councillor Natalie Hoy.

The Chair reminded Members that a recorded vote would be taken on this budget setting motion as per the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014.

For the motion – 32

(Councillors Adams, Bailey, Bowler, Bryson, Bullock, Cannon, A Clarke, N Clarke, Clifton, Clough, Cooper, D Dixon, M Dixon, Dooley, Downes, Fritchley, Heffer, Hoy, Joesbury, Kane, Kirkham, McGregor, Moesby, Munro, E Parkin, G Parkin, Roberts, Smyth, Turner, Walker, Watson and Wilson.)

Against the motion – 0

Abstentions – 0

It was RESOLVED:

(i) That in the view of the Chief Financial Officer, that the estimates included in the Medium Term Financial Plan 2021/22 to 2024/25 are robust and that the level of financial reserves whilst at minimum levels are adequate, be accepted.

(ii) That officers report back to Executive and to the Budget Scrutiny Committee on a quarterly basis regarding the overall position in respect of the Council’s budgets.  These reports to include updates on achieving savings and efficiencies for 2021/22 and future years.  

GENERAL FUND

(iii) A Council Tax increase of £4.99 is levied in respect of a notional Band D property (2.75%).

(iv) The Medium Term Financial Plan in respect of the General Fund as set out in Appendix 1 of this report be approved as the Revised Budget 2020/21, as the Original Budget in respect of 2021/22, and the financial projection in respect of 2022/23 to 2024/25. 

(v) That any further under spend in respect of 2020/21 is transferred to the Council’s General Fund Reserves.

(vi) On the basis that income from Planning Fees may exceed £0.500m in 2020/21, the Head of Paid Service in consultation with the Leader be granted delegated powers to authorise such additional resources as are necessary to effectively manage the resultant increase in workload.

HOUSING REVENUE ACCOUNT

(vii) That Council sets its rent levels in line with government policy, increasing rent levels by  CPI (.5%) plus 1% to apply from 1 April 2021. 

(viii) That the increases in respect of other charges as outlined in Appendix 3 Table 1 be implemented with effect from 1  ...  view the full minutes text for item CL761-20/21

Report of the Portfolio Holder for Finance and Community Safety on the suite of Treasury Strategies for 2021/22 – 2024/25.

The Portfolio Holder for Finance and Community Safety (Councillor Clive Moesby) presented the Treasury Strategy Reports 2021/22 - 2024/25 report to Members. The report provided Members with the necessary information to approve the Authority’s suite of Treasury Strategies for 2021/22 to 2024/25.

The recommendations in the report (6.1 to 6.3) were moved by Councillor Clive Moesby and seconded by Councillor David Dixon.

The Chair reminded Members that a recorded vote would be taken on this budget setting motion as per the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014.

For the motion – 32

(Councillors Adams, Bailey, Bowler, Bryson, Bullock, Cannon, A Clarke, N Clarke, Clifton, Clough, Cooper, D Dixon, M Dixon, Dooley, Downes, Fritchley, Heffer, Hoy, Joesbury, Kane, Kirkham, McGregor, Moesby, Munro, E Parkin, G Parkin, Roberts, Smyth, Turner, Walker, Watson and Wilson.)

Against the motion – 0

Abstentions – 0

It was RESOLVED that Council:

(i) Approves the Treasury Management Strategy at Appendix 1 and in particular:  

a) Approves the Borrowing Strategy 

b) Approves the Treasury Management Investment Strategy 

c) Approves the use of the external treasury management advisors Counterparty Weekly List – or similar - to determine the latest assessment of the counterparties that meet the Authority’s Criteria before any investment is undertaken.

d) Approves the Prudential Indicators 

(ii) Approves the Capital Strategy as set out in Appendix 2 and in particular:  

a) Approves the Capital Financing Requirement

b) Approves the Minimum Revenue Provision Statement for 2021/22

c) Approves the Prudential Indicators for 2021/22 detailed in the Capital Strategy, in particular:   

1. Authorised Borrowing Limit  £136,518,022

2. Operational Boundary  £131,518,022

3. Capital Financing Requirement £117,518,022

(iii) Approves the Corporate Investment Strategy as set out in Appendix 3.

(Section 151 Officer)

To give consideration to the altered Proportionality and changes to Committee seats for the remainder of the Municipal Year.

The Leader of the Council (Councillor Steve Fritchley) spoke on the report and proposed to leave the Committee membership allocations as they were, because the new political balance variable did not make an appreciable difference to the Committee memberships and Council might as well wait until the Annual Council in May 2021. 

The proposal was seconded by Councillor Deborah Watson.

The Chair asked the Monitoring Officer to clarify if changing the memberships of Committees every time the political balance changed was a legal requirement. The Monitoring Officer advised that the legislation in question stated that Members had to consider changing the memberships but did not have to approve it, with the one condition that no Members vote against maintaining the memberships.

The Chair asked Members to vote on the moved and seconded proposal to maintain the current Committee memberships until Annual Council in May 2021. Members voted unanimously in favour of the proposal.

It was RESOLVED that Council maintains the current Committee memberships until Annual Council in May 2021.

(Governance Manager)

Report of the Portfolio Holder for Finance and Community Safety presenting the Annual Audit Letter in respect of 2019/20.

The Portfolio Holder for Finance and Community Safety (Councillor Clive Moesby) presented the Annual Audit Letter 2019/20 report to Members. The report asked Members to consider and note the report (Appendix 1) from the Council’s External Auditor Mazars.

The recommendation in the report was moved by Councillor Clive Moesby and seconded by Councillor Ray Heffer.

It was RESOLVED that Council considers and notes the report from the Council’s External Auditor Mazars.

(Section 151 Officer/Internal Audit Manager)

The Chair thanked all Council officers for their hard work during the COVID-9 pandemic.

Councillor Ross Walker thanked officers dealing with grants to local businesses, because he had been contacted by a number of local businesses who had praised the grant scheme.

Councillor Natalie Hoy asked if it would be possible for Council to agree to send a letter to English Heritage to turn Bolsover Castle blue in tribute to the late Captain Sir Thomas Moore. The Leader of the Council (Councillor Steve Fritchley) asked that she speak to him about arranging this after the meeting.