Agenda and minutes

Apologies for absence were received from Councillors Dexter Bullock, Tracey Cannon, Jim Clifton, Chris Kane, Tom Kirkham and Rita Turner.

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.

The Leader of the Council reminded Members that there was a blanket exemption relating to item 9 (Level of Council Tax 2022/23).

No other declarations of interest were made.

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

The Chair gave Members an update on the condition of former Councillor Ken Walker, who had been recovering in hospital following an incident at his home. The Chair stated that Ken had been released from hospital a week ago.

The Chair added that the Lord-Lieutenant of Derbyshire and the Vice-Chair of Council would both lay flowers in memory of Ken Walker’s late wife Freda at the Chair’s Civic Service on 3^rd April 2022. The Service would take place at St Lawrence's Church in Whitwell.

To approve the Minutes of the Council meeting held on 2^nd February 2022.

Moved by Councillor Ray Heffer and seconded by Councillor Duncan McGregor

RESOLVED that the minutes of a meeting of Council held on 2^nd February 2022 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 thirty minutes.  A question may only be asked if notice of twelve 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.

No questions were submitted to this meeting of Council under Rule 8 of the Council Procedure Rules.

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 twelve clear working days has been given.

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.

One question had been submitted by Councillor Nick Clarke:

The guilty verdict against Mark Hankinson; the former Director of the Masters of the Fox Hounds Association on Friday 15th October 2021 highlighted that the use of ‘trail hunting’ as a cover for illegal hunting will not be tolerated by the courts. This is a timely reminder for all Landowners within Bolsover District who permit their land to be used for trail hunting of their liability under Section 3 of the Hunting Act 2004 should the trails be a ruse to cover up any illegal activity. Will the Leader of the Council therefore please write to all the major landowners in the District of Bolsover, such as the Welbeck and Chatsworth Estates to request that they familiarise themselves with the risks associated with allowing trail hunting on their land and recommend cessation of such activities?

The Leader of the Council agreed that a letter would be sent to major landowners within the District.

Councillor Nick Clarke asked a supplementary question:

Will the Leader of the Council agree to publish something in InTouch stating that BDC does not support barbaric fox hunting in any way, including fox trail hunting, which was often a way to get around the law?

The Leader stated that Bolsover District Council was strongly against illegal activities within the District and an article would be published in a future issue of InTouch.

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

Motion from Councillor Peter Roberts …

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

Before presenting his motion Councillor Peter Roberts asked why the meeting wasn’t being live streamed. The Chair advised that this was no longer a requirement with the lifting of most COVID-19 restrictions.

The following motion was submitted for consideration by Councillor Peter Roberts:

Money generated by the sale of assets in a ward is to be used, mainly for benefit of that ward

Moved by Councillor Peter Roberts and seconded by Councillor Allan Bailey.

In presenting his motion, Councillor Peter Roberts suggested that 20% of the money generated in a ward should be given to that ward.

The Chair informed Members that a document had been circulated to them by the Section 151 Officer in response to the motion, which detailed why the Section 151 Officer believed that the current arrangements made best use of the Council’s capital receipts. It explained how the Local Authorities (Capital Finance and Accounting) (England) Regulations 2003 and Right-To-Buy regulations meant that the suggestion by Councillor Peter Roberts would not be possible.

The Leader of the Council and the Deputy Leader of the Council both felt that the document by the Section 151 Officer summed up why it was not feasible.

On being put to a vote, the motion was defeated.

To receive a report from the Executive with details of any Key Decisions taken under special urgency provisions or Key Decisions which were exempt from Call In.

When appropriate, meetings of Council were to receive a report from the Executive detailing any Key Decisions taken under special urgency provisions or Key Decisions exempt from Call-in.

The appointment of Security and Concierge Contractor for Commercial Property had been taken by Executive on the 31^st January 2022 under Special Urgency.

Moved by Councillor Tom Munro and seconded by Councillor Duncan McGregor

RESOLVED that the Special Urgency decision be noted.

Report of the Portfolio Holder for Finance.

Councillor Clive Moesby (Portfolio Holder – Finance) presented the report and reminded Members that a recorded vote would be taken on the item as set out by the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014.

The Chair asked how the government’s £150 Council Tax rebate would be given to council tax payers.  The Section 151 Officer explained that the Council could pay it directly into those customers’ accounts who paid their Council Tax via Direct Debit, however, it would not show on their Council Tax bill.

Councillor Allan Bailey queried the amount of unrecovered payment for the last year of Council Tax, and also if there was an unpaid amount of money for people who could not pay Council Tax.  The Section 151 Officer stated she would look into this and respond to Councillor Bailey after the meeting.

The recommendations in the report were moved by Councillor Clive Moesby and seconded by Councillor David Downes.

For: (Councillors Derek Adams, Allan Bailey, Rose Bowler, Jane Bryson, Anne Clarke, Nick Clarke, Tricia Clough, Paul Cooper, David Dixon, Maxine Dixon, Mary Dooley, David Downes, Stan Fox, Steve Fritchley, Donna Hales, Ray Heffer, Natalie Hoy, Andrew Joesbury, Duncan McGregor, Clive Moesby, Tom Munro, Evonne Parkin, Graham Parkin, Sandra Peake, Liz Smyth, Janet Tait, Deborah Watson and Jen Wilson)

For the motion: 28

Against the motion: 1 (Councillor Peter Roberts)

0 abstentions

RESOLVED that (1) the Council Tax for the Financial Year 2022/23 as set out in the report be approved,

(2) That the persons named below are hereby authorised in accordance with Section 223 of the Local Government Act 1972 to:

a)         Collect and recover any Council Tax due to the Council.

b)        Prosecute and appear on behalf of the Council at the hearing of any legal proceedings by way of an application for the issue of a liability order or warrant for the issue of a liability order or warrant of commitment in respect of unpaid Council Tax.

c)         Collect and recover any Community Charges and National Non-Domestic Rates due to the Council.

d)        Prosecute and appear on behalf of the Council at the hearing of any legal proceedings by way of an application for the issue of a liability order or warrant of commitment in respect of unpaid National-Non Domestic Rates.

e)        Prosecute and appear on behalf of the Council at the hearing of any legal proceedings by way of an application for the issue of a distress warrant of commitment in respect of unpaid rates of Section 97, 102 and 103 respectively of the General Rates Act 1967.

                        Mrs M Whetton         Revenues and Benefits Manager

                        Mrs J Lyons               Senior Court Officer

                        Mrs VJ Warhurst      Senior Recovery Officer

Given that the officers performing this role may change during the course of the financial year, delegated authority is given to the Council’s Chief Financial Officer to authorise any amendments to the list of named officers that may prove necessary during the course of the financial year.

 (Section 151 Officer)

Report of the Portfolio Holder for Corporate Governance.

Councillor Duncan McGregor presented the Annual Pay Policy Statement report. The pay policy statement set out the Council’s policy on pay for senior managers and employees in accordance with the requirements of Section 38 of the Localism Act 2011 and Supplementary Guidance 2013.

Moved by Councillor Duncan McGregor and seconded by Councillor Derek Adams

RESOLVED that Council support the Annual Pay Policy Statement 2022/23.

(HR & OD Manager)

The Chair welcomed Elizabeth Sanderson and Richard Crisp from Sheffield Hallam University to present their findings from a recent Bolsover District Skills Audit.

Between February 2021 and October 2021 1,315 responses were collected either online, face to face, paper and telephone calls.

Their key findings were:

-       The nature, availability and accessibility of work was an issue for many

-       There is a desire to improve skills

-       Residents have a strong appetite for learning

-       72% of those who received training agreed that it helped them do their present job

-       A significant proportion of workers have not received training at work

-       A range of barriers to work and training were reported such as public transport

-       A diverse range of training provisions and pathways was required

-       Approximately 61% of employed residents work outside of the Bolsover District.

The Leader informed Members that the final Bolsover Skills Audit Report produced by the Centre for Regional Economic and Social Research (CRESR) would be circulated to Members after the meeting.

The Chair thanked Elizabeth Sanderson and Richard Crisp for their presentation.

The Chair reminded Members that he was holding a coffee morning on the 27^th March and all Members were welcome to attend. Money was being raised for Ashgate Hospice and donations could be made via Just Giving.

Members were also reminded that a Special Council meeting had been scheduled for 23^rd March at 10am.