Agenda and minutes

Venue: Council Chamber, The Arc, Clowne

Contact: Amy Bryan  Governance and Civic Manager

Items
No. Item

CL1-23/24

Election of Chair of the Council for the 2023/24 Municipal Year

Once elected the Chair will make the Declaration of Acceptance of Office.

Minutes:

The Chief Executive sought nominations for the position of Chair of the Council for the 2023/24 Municipal Year.

 

Moved by Councillor Steve Fritchley and seconded by Councillor Duncan McGregor

RESOLVED that Councillor Tom Munro be appointed Chair of the Council for the 2023/24 Municipal Year.

 

Having signed the Declaration of Acceptance of Office and taken on the Chains of Office, Councillor Tom Munro took the Chair.

 

Councillor Tom Munro thanked Members for nominating him and welcomed those Members who were new to the Council and wished them all the best in serving their constituents.

 

CL2-23/24

Appointment of Vice Chair of the Council for the 2023/24 Municipal Year

Once appointed the Vice Chair will make the Declaration of Acceptance of Office.

Minutes:

Moved by Councillor Tom Munro and seconded by Councillor Duncan McGregor

RESOLVED that Councillor Rita Turner be appointed Vice Chair of the Council for the 2023/24 Municipal Year.

 

Having made the Declaration of Acceptance of Office and taken the Vice Chair’s medallion, Councillor Rita Turner took the Vice Chair’s seat.

 

Councillor Rita Turner thanked Councillors for appointing her and said she would continue to try her best in the role.

 

CL3-23/24

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors Donna Hales, Sally Renshaw and Emma Stevenson.

CL4-23/24

Declarations of Interest

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.

Minutes:

There were no declarations made at the meeting.

CL5-23/24

Chair's Announcements

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

 

Minutes:

The Chair asked all officers present at the meeting to introduce themselves for the purposes of the new Councillors.

 

The Chair reported that his nominated charity for the year would be the Royal British Legion.  He stated that he was a SSAFA (Soldiers’, Sailors’ & Airmen’s Families Association) caseworker and he had found the Royal British Legion to be a generous contributor to those in need.

CL6-23/24

Election of Leader of the Council

Minutes:

The Chair sought nominations for the election of Leader of the Council.

 

Moved by Councillor Tom Munro and seconded by Councillor Duncan McGregor

RESOLVED that Councillor Steve Fritchley be elected as Leader of the Council.

CL7-23/24

Appointment of the Deputy Leader and Executive

The Leader will confirm the appointment of the Deputy Leader of the Council and the Members of the Executive for the 2023/24 Municipal Year.

Minutes:

Councillor Steve Fritchley, Leader of the Council, thanked the Council for its support in electing him Leader and advised of the Members of the Executive and their respective portfolios for the 2023/24 Municipal Year.  This was confirmed as follows:

 

Councillor Duncan McGregor       Deputy Leader and Portfolio Holder – Corporate Governance

Councillor John Ritchie                Portfolio Holder – Growth

Councillor Sandra Peake             Portfolio Holder – Housing

Councillor Mary Dooley                Portfolio Holder – Health and Wellbeing

Councillor Anne Clarke                Portfolio Holder – Environmental Health

Councillor Clive Moesby              Portfolio Holder - Resources

CL8-23/24

Establishment of Committees and Proportionality 2023/24 pdf icon PDF 309 KB

Additional documents:

Minutes:

Council considered a report presented by the Monitoring Officer in relation to the establishment of the Council’s committees and proportionality for the 2023/24 Municipal Year.

 

In line with the provisions within legislation and the Council’s constitution, the Annual Meeting of Council was required to:

 

·         appoint at least one Scrutiny Committee and other such committees as the Council considered appropriate to deal with matters which were neither reserved to Council nor were Executive Functions;

·         decide the size and terms of reference for those committees;

·         decide the allocation of seats to political groups in accordance with the Political Balance rules.

 

The size and terms of reference for each committee were set out in Appendix 1 to the report.  Appendix 3 to the report showed the allocation of Committee seats which best met the requirements of Section 15 of the Local Government and Housing Act 1989 as far as was reasonably practicable.

 

The report proposed that the Joint Employment and Appeals Committee be disestablished, as this body had dealt with appointments to the Strategic Alliance Management Team, which no longer existed.  The report also proposed that the membership of Planning Committee be increased to 10 members, as well as the Local Plan Implementation Advisory Group.  It was also proposed to increase the membership of the Climate Change and Communities Scrutiny Committee and the Finance and Corporate Overview Scrutiny Committee from 7 to 8 members.  This would take the total seats on the scrutiny committees to 30.  The final proposed change was to disestablish the Audit and Corporate Overview Scrutiny Committee and to replace it with a separate Audit Committee and a Finance and Corporate Overview Scrutiny Committee.  The terms of reference for the new committee were set out in Appendix 2 to the report.

 

Moved by Councillor Duncan McGregor and seconded by Councillor Steve Fritchley

RESOLVED that (1) the Council’s committees, their terms of reference and the size, as set out in Appendix 1 and 2 be established for the 2023/24 Municipal Year in accordance with Council Procedure Rule 1.1(k);

 

            (2) the Joint Employment and Appeals Committee and Audit and Corporate Overview Scrutiny Committee be disestablished;

 

            (3) the Council agrees the allocation of seats on committees as set out in Appendix 3, in accordance with the political balance rules;

 

            (4) authority be delegated to the Monitoring Officer, in consultation with the Leader of the Council and relevant Committee Chair (when appointed), to make amendments to the terms of reference for committees arising within the 2023/24 Municipal Year.

 

(Monitoring Officer/Governance & Civic Manager)

 

 

CL9-23/24

Appointment to Committees and Advisory Groups 2023/24 pdf icon PDF 361 KB

Additional documents:

Minutes:

Council considered a report in relation to nominations for Members to serve on committees and advisory groups for the 2023/24 Municipal Year.

 

The committees were subject to the political balance requirements of the Local Government and Housing Act 1989.  The advisory groups were not subject to the same political balance requirements.

 

Nominations received from political groups in advance of the meeting were set out in Appendix 1 to the report, an updated copy had been circulated at the meeting.

 

Moved by Councillor Tom Munro and seconded by Councillor Ross Walker

RESOLVED that (1) the nominations to committees and advisory groups as set out below be agreed:

 

Committees

 

Finance & Corporate Overview Scrutiny Committee

Councillors David Bennett, Rowan Clarke, Justin Gilbody, Chris Kane, Lucy King, Tom Munro, Sally Renshaw, Jen Wilson

 

Local Growth Scrutiny Committee

Councillors Will Fletcher, Duncan Haywood, Mark Hinman, Tom Kirkham, Phil Smith, Janet Tait, Deborah Watson

 

Customer Services Scrutiny Committee

Councillors Amanda Davis, Louise Fox, Donna Hales, Lisa Powell, Rita Turner, Victoria Wapplington, Jane Yates

 

Climate Change and Communities Scrutiny Committee

Councillors Rob Hiney-Saunders, Cathy Jeffery, Jeanne Raspin, Emma Stevenson, Ashley Taylor, Catherine Tite, Ross Walker, Carol Wood

 

Employee Appeals Committee

Councillor Steve Fritchley, Mark Hinman, Duncan McGregor

Deputies – Councillors Rowan Clarke, John Ritchie, Mary Dooley

 

Employment and Personnel Committee

Councillor Mary Dooley, Duncan McGregor, Sandra Peake, Deborah Watson and (1 vacancy)

 

General Licensing Committee

Councillors David Bennett, Amanda Davis, Mary Dooley, Will Fletcher, Lucy King, Lisa Powell, Sally Renshaw, Emma Stevenson, Ashley Taylor, Rita Turner

 

Licensing and Gambling Acts Committee

Councillors David Bennett, Amanda Davis, Mary Dooley, Will Fletcher, Lucy King, Lisa Powell, Sally Renshaw, Emma Stevenson, Ashley Taylor, Rita Turner

 

Planning Committee

Councillors Justin Gilbody, Rob Hiney-Saunders, Chris Kane, Duncan McGregor, Tom Munro, Lisa Powell, John Ritchie, Phil Smith, Janet Tait, Carol Wood

 

Safety Committee

Councillors Rowan Clarke, Donna Hales, Mark Hinman, Deborah Watson, Jane Yates

 

Audit Committee

Councillors Duncan Haywood, Cathy Jeffery, Chris Kane, Tom Munro, Lisa Powell, Carol Wood (and 2 co-opted members)

 

Standards Committee

Councillors Anne Clarke, Louise Fox, Justin Gilbody, Clive Moesby, Catherine Tite, Jane Yates (and 1 co-opted member)

 

Union/Employee Consultation Committee

Councillors Rowan Clarke, Mary Dooley, Cathy Jeffery, Sally Renshaw, Ross Walker, Vicki Wapplington

 

Joint Committees

 

ICT Share Services Committee

Councillors David Bennett, Steve Fritchley and (Exec Member for ICT)

 

Shared Services Scrutiny Committee (also known as Joint Scrutiny Panel)

Councillors Will Fletcher and (two vacancies – names to be confirmed)

 

Advisory Groups

 

Pleasley Park and Vale Conservation Area Joint Advisory Group

Councillors Chris Kane, Tom Kirkham, Tom Munro, John Ritchie, Catherine Tite

 

Local Plan Implementation Advisory Group

Councillors Justin Gilbody, Rob Hiney-Saunders, Chris Kane, Duncan McGregor, Tom Munro, Lisa Powell, John Ritchie, Phil Smith, Janet Tait, Carol Wood

 

Member Development Working Group

Councillors Rowan Clarke, Mary Dooley, Louise Fox, Tom Munro, Sandra Peake, Rita Turner, Deborah Watson

 

Tenant Participation Review and Development Group

Councillors Sandra Peake, Janet Tait, Ashley Taylor, Rita Turner, Jane Yates

 

 

(Monitoring Officer/Governance & Civic Manager)

CL10-23/24

Nominations of Chairs and Vice Chairs to Committees 2023/24 pdf icon PDF 202 KB

Additional documents:

Minutes:

Members gave consideration to the submitted nominations for Chairs and Vice Chairs and the Chair sought any further nominations from the floor.

 

The following positions were contested and were put to the vote as follows:

 

A vote was held on the appointment of Chair of the Audit Committee, nominations had been received for both Councillor Tom Munro and Councillor Carol Wood.  Councillor Tom Munro was appointed as Chair of Audit Committee.

 

A vote was held on the appointment of Chair of the Customer Services Scrutiny Committee, nominations had been received for both Councillor Donna Hales and Councillor Louise Fox.  Councillor Donna Hales was appointed as Chair of the Customer Services Scrutiny Committee.

 

A vote was held on the appointment of Chair of the Local Growth Scrutiny Committee, nominations had been received for both Councillor Tom Kirkham and Councillor Deborah Watson.  Councillor Tom Kirkham was appointed as Chair of the Local Growth Scrutiny Committee.

 

A vote was held on the appointment of Chair of the Finance and Corporate Overview Scrutiny Committee, nominations had been received for both Councillor Lucy King and Councillor Justin Gilbody.  Councillor Lucy King was appointed as Chair of the Finance and Corporate Overview Scrutiny Committee.

 

There had been only one nomination submitted for the other positions being considered.  Any bodies not referred to would appoint the Chair at the first meeting.

 

RESOLVED that the following be appointed Chairs and Vice Chairs for the 2023/24 Municipal Year:

 

Audit Committee

Chair – Councillor Tom Munro

Vice Chair – Independent Appointed Person

 

Climate Change and Communities Scrutiny Committee

Chair – Councillor Catherine Tite

Vice Chair – Councillor Ashley Taylor

 

Customer Services Scrutiny Committee

Chair – Councillor Donna Hales

Vice Chair – Councillor Rita Turner

 

Local Growth Scrutiny Committee

Chair – Councillor Tom Kirkham

Vice Chair – Councillor Phil Smith

 

Finance and Corporate Overview Scrutiny Committee

Chair – Councillor Lucy King

Vice Chair – Councillor Jen Wilson

 

Licensing Committee(s)

Chair – Councillor Emma Stevenson

Vice Chair – Councillor Amanda Davis

 

Planning Committee

Chair – Councillor Tom Munro

Vice Chair – Councillor Chris Kane

 

Standards Committee

Chair – Mrs Ruth Jaffray

Vice Chair – Councillor Clive Moesby

 

Local Plan Implementation Working Group

Chair – Councillor Tom Munro

Vice Chair – Councillor Chris Kane

 

 

 

 

 

 

 

 

 

CL11-23/24

Appointments to Outside Bodies 2023/24 (Council Functions) pdf icon PDF 203 KB

Additional documents:

Minutes:

Council considered a report in relation to the list of Outside Body (Council functions) appointments for 2023/24.

 

No nominations had been received so it was proposed that the Monitoring Officer be given delegated authority to make the appointments and any appointments made would be reported back to a future meeting.

 

The term of office for each appointment would run until the date of the next Annual Council meeting in 2024, unless otherwise specified.

 

Moved by Councillor Duncan McGregor and seconded by Councillor John Ritchie

RESOLVED that authority be delegated to the Monitoring Officer to make the appointments to Outside Bodies (Council functions) for 2023/24.

 

(Monitoring Officer/Governance & Civic Manager)

CL12-23/24

Review of the Council's Constitution pdf icon PDF 395 KB

Additional documents:

Minutes:

The Solicitor to the Council and Monitoring Officer presented a report proposing amendments to the Council’s constitution as recommended by the Standards Committee as part of the Annual Review.

 

The Council was required by law to prepare and keep and an up-to-date Constitution which explained how the Council operated, how decisions were to be made and the procedures which were to be followed to ensure that these were efficient, transparent and accountable to local people.

 

One of the functions of the Standards Committee was to undertake an annual review of the Council’s Constitution to ensure it was up-to-date and in line with legislation and current circumstances.

 

The Standards Committee had reviewed parts of the Constitution at its meeting on 20th February 2023.  The areas reviewed included:

·         Changes to the establishment – separating the Audit Committee from Scrutiny (the detail of this was dealt with separately in the Establishment of Committees and Advisory Groups 2023/24 (Minute No. CL8-23/24) 

·         Scrutiny Procedure Rules

·         Call-In

·         Budget and Policy Framework

 

An amended version of the Scrutiny Procedure Rules (with specific amendments highlighted) was attached to the report at Appendix 1.  An amended version of the Call-In Procedure Rules was attached to the report at Appendix 2.  A revised Budget and Policy Framework was attached to the report at Appendix 3.

 

Moved by Councillor Duncan McGregor and seconded by Councillor Chris Kane

RESOLVED that the amendments to the Constitution, as set out in Appendices 1, 2 and 3 to the report, be approved.

 

(Monitoring Officer/Governance & Civic Manager)

CL13-23/24

Scheme of Delegation for Officers pdf icon PDF 288 KB

Additional documents:

Minutes:

The Solicitor to the Council & Monitoring Officer presented a report proposing to approve the Scheme of Delegation as outlined in Part 3 of the Council’s Constitution.

 

It was a requirement under Council Procedure Rule 1.1 (o) of the Council’s Constitution that the Annual Council Meeting agree the Scheme of Delegation.

 

The Scheme of Delegation outlines the specific delegation of Council and Executive Functions to officers.  The scheme includes general powers delegated to all senior managers together with specific powers delegated to the:

·         Chief Executive Officer

·         Service Director Finance and Section 151 Officer

·         Service Director Corporate and Legal Services and Monitoring Officer

 

The scheme also outlined the Proper Officer Provisions.

 

The Scheme of Delegation for Officers was attached to the report at Appendix 1.

 

Moved by Councillor Duncan McGregor and seconded by Councillor John Ritchie

RESOLVED that the Scheme of Delegation for Officers, as set out in Appendix 1 to the report, be approved.

CL14-23/24

Operation of Urgency Rules and Thresholds for Key Decisions pdf icon PDF 327 KB

Additional documents:

Minutes:

Council considered a report which advised Members of any Key Decisions taken under statutory Urgency Rules in the previous 12 months, any decision taken under Urgency Rules with the Council’s Scrutiny Rules (this was where call-in provisions were waived as the decision was urgent and could not be reasonably deferred), and to set the Key Decision threshold for the forthcoming year in line with the constitutional requirement at Annual Council meetings.

 

One Key Decision had been taken using Special Urgency rules in the previous 12 months.  Due to the urgency of the decision it had to be implemented immediately and that had not allowed for the call-in period to run as usual.  A copy of the decision taken had been attached to the report at Appendix 1.

 

The report recommended that the Key Decision thresholds remained the same, which were:

·         Revenue Income, Savings or Expenditure - £75,000

·         Capital Income of Expenditure - £150,000

 

Moved by Councillor Duncan McGregor and seconded by Councillor Chris Kane

RESOLVED that (1) the decision that had been taken over the past 12 months under Special Urgency Rules, be noted

 

            (2) the decision that had been taken over the past 12 months under Urgency Provisions in the Council’s Scrutiny Rules, be noted

 

            (3) the financial thresholds for Key Decisions be maintained at £75,000 (Revenue) and £150,000 (Capital).

 

(Monitoring Officer/Governance & Civic Manager)

CL15-23/24

Chairman's Closing Remarks

Minutes:

The Chair thanked Members for their contributions to the meeting and agreed to move straight into the scheduled ordinary meeting of Council.