Agenda and minutes

Agenda and minutes

Venue: Council Chamber, Council Offices, Coalville

Contact: Democratic Services  01530 454512

Items
No. Item

46.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors R Canny, K Merrie and P Purver.

 

47.

Declaration of Interests

Members are reminded that any declaration of interest should be made having regard to the code of conduct.  In particular, members must make clear the nature of the interest and whether it is 'pecuniary' or ‘non pecuniary'.

Minutes:

Councillor S Sheahan declared a non-pecuniary interest in item 10 - Budget and Council Tax 2019/20, to any reference relating to HS2.  He also declared a pecuniary interest in item 11 – HS2 Update, due to the location of his home in relation to the route.

 

Councillor R Blunt declared a pecuniary interest in item 11 – HS2 Update, as a landowner affected the route.

 

Councillor J G Coxon declared a pecuniary interest in item 11 – HS2 Update, as the route passed through land in his ownership.

 

Councillor T J Pendleton declared a pecuniary interest in item 11 – HS2 Update, as his daughter owned property in Measham which was affected by the route.

 

Councillor M B Wyatt declared a non-pecuniary interest in item 10 – Budget and Council 2019/20, having submitted an amendment to the budget and as an owner of two businesses in Coalville.

 

Councillor S McKendrick declared a non-pecuniary interest in item 10 – Budget and Council Tax 2019/20, as the director of trustees at Moira Furnace.

48.

Chairman's Announcements

Minutes:

The Chairman made the following announcements:

 

The Chairman referred to two recent fundraising events, a cake sale and dinner, which had raised over £1,300 for his charities.  He reminded members of the civic dinner and business awards taking place on 5 April at the Radisson Blu hotel.

 

The Chairman referred to a recent incident where one of his neighbours who was suffering from the early stages of Alzheimer’s had taken a fall at home.  He expressed thanks to Councillors T Eynon and D Harrison who had helped to get his neighbour all the help she needed.  He welcomed the co-operation between the district and county council.

 

As this was the last full Council before the election, the Chairman thanked all members for their service to the Council during their term of office.  The Chairman congratulated Councillor D J Stevenson who had first been elected to the Council in 1974 and had held office continuously ever since, and will have served for 45 years in May.

 

Councillor R D Bayliss recalled Councillor D J Stevenson’s election as a young man.  He added that throughout his years as leader of the Conservative group, through the tough years in opposition, he was always an inspiration and a pugnacious proponent in the chamber.  He hoped he would continue to be so for many years to come.

 

Councillor N Smith thanked Councillor S J Stevenson for the advice he had provided over the years. 

 

Councillor R Blunt stated that Councillor D J Stevenson exemplified what the group stood for, being fair, respected by everyone in the chamber, and standing up for the community.  He added that Councillor D J Stevenson was an inspiration and had supported him throughout his time as Leader of the Council.

 

Councillor S Sheahan recounted that Councillor D J Stevenson always addressed him as ‘my friend’, which he welcomed.  He recalled the interesting advice he had provided and congratulated him on his long service so far.

 

Councillor J Legrys congratulated Councillor D J Stevenson on his long service.  He stated that his everlasting image of him was as the Chairman of the Planning Committee; being a fair and balanced chair, and someone he could admire.  He added that their views could differ, and debate would be allowed at Planning Committee, which was welcomed.  He shared that the best thing Councillor D J Stevenson had ever done for him personally was having the courage in meetings to tell him that he had been speaking for too long, which he took as a compliment. 

 

Councillor D Harrison recounted meeting Councillor D J Stevenson as Chairman of the Conservative Association and joining him on a canvass.  He added that he was a man of the people; he knew all his constituents, was friendly and wanted to help.  He stated that he had thoroughly enjoyed being on the Planning Committee with Councillor D J Stevenson and referred to the jokes he would tell on the site visits.  He thanked him for his service and stated  ...  view the full minutes text for item 48.

49.

Leader's and Portfolio Holders' Announcements

Members are reminded that under paragraph 11.1 of part 4 of the Constitution, questions can be asked of the Leader and Cabinet Members without notice about any matter contained in any address.  Questions shall be limited to five minutes in total for each announcement.

Minutes:

Councillor R Blunt announced that the new public art for the Ashby cultural centre would be installed on Wednesday, 13 March.  He stated that this was the culmination of the work to improve the public realm, increase car parking in Ashby de la Zouch and support the creation of a new cultural quarter in the town.  Working jointly with the Town Council, £1.1 million had been invested to create a new 52 space car park.  The original gates had creatively been incorporated and the new artwork had been chosen with the help of a public art competition.  The overall design drew its inspiration from the National Forest. 

 

As part of the work to build confidence in Coalville and support the regeneration of the town centre, Councillor R Blunt announced two community drop-in sessions on 13 and 15 March, which had been set up in response to a public petition.  The drop-in sessions would enable residents to see what was happening in the town, get involved with community groups and events, and give feedback to the Council.  He expressed his commitment to the regeneration of Coalville.

 

Councillor R Blunt announced that the purchase of the Litten Tree public house had been completed since the last meeting.  He added that the Council would be working with existing market traders to ensure the move could be made as smoothly as possible.

 

Councillor R Blunt referred to the transformation of the former Midland bus depot on Ashby Road, which was an example of the Council working with the private sector to enable the restoration of a derelict building on a key entrance to the town.  He explained that the site was not in the Council’s ownership but by supporting the owner a great outcome had been achieved which improved the town. 

 

Councillor R Blunt provided an update on the Royal Hotel in Ashby de la Zouch and emphasised that bringing the building back into use was a top priority.  He added that the building was one of the jewels in the crown of Ashby de la Zouch and he hoped to see it restored as soon as possible.  He stated that the first priority was ensuring the building was maintained and kept safe.  He explained that planning permission for the site was complex, but the Council was working with Historic England to ensure that the minimum amount of enabling development was granted to pay for the cost of restoring the hotel.  He added that he was keen to support the Town Council with the purchase of the Bath Grounds to ensure this remained a public open space. 

 

Councillor R Blunt stated that it had been a pleasure to serve with all members of the Council.  He expressed particular thanks to Councillors T J Pendleton and A V Smith who were retiring.

 

Councillor S Sheahan welcomed the commitment to the drop-in sessions, however he felt it would be difficult to gauge the view of the residents of Coalville and to convince them that the Council  ...  view the full minutes text for item 49.

50.

Question and Answer Session

To receive questions from members of the public under procedure rule no.10.  The procedure rule provides that members of the public may ask members of the Cabinet any question on any matter in relation to which the Council has powers or duties which affect the District, provided that three clear days’ notice in writing has been given to the Head of Legal and Support Services.

Minutes:

There were no questions received.

 

51.

Questions from Councillors pdf icon PDF 50 KB

To receive members’ questions under procedure rule no.11.  The procedure rule provides that any member may ask the chairman of a board or group any question on any matter in relation to which the Council has powers or duties which affect the District, provided that three clear days’ notice in writing has been given to the Head of Legal and Support Services.

Additional documents:

Minutes:

Councillor J Legrys put the following question to Councillor A V Smith:

 

“Retrieval of waste bins from residential properties on collection day.

 

I am regularly contacting the council’s Members Services team to get action to deal with the non-retrieval of waste bins following collection.

 

Many of the streets in my Ward have narrow footways which are not convenient for wheelchair and buggy users when cluttered up with waste bins. The problem on non-retrieval of waste bins appears to be getting worse.

 

Problem ‘hotspots’ in my ward are Bridge Road, Berrisford Street, Melbourne Street & Mantle Lane/Memorial Square.

 

Over the years I have been promised action, but none seems to materialise. The council has responsibility to ensure that householders retrieve their bins following collection.

 

I’m asking the portfolio holder when this council will commence enforcement action in relation to keeping our footways clear of non-retrieved waste bins”.

 

Councillor A V Smith gave the following response:

 

“The legislation governing how domestic waste is collected is contained in Section 46 of the Environmental Protection Act 1990. The Council can by notice served on them require occupiers to place the waste for collection in receptacles of a kind and number specified. The notice would include how the receptacles are presented and then removed. A breach of the notice was a criminal offence.

 

In 2015 the Government introduced the Deregulation Act and under section 58 they de-criminalised section 46 and made it a civil penalty. They also introduced an additional element before an offence is committed together with a set procedure before a civil penalty can be issued.

 

In respect of bins left out on streets, this alone is not sufficient to instigate enforcement action and now has to be that failure to comply:

 

1.      Has caused, or is likely to cause a nuisance, or

2.      Has been, or is likely to be, detrimental to any amenities of the locality.

            Once evidence of the above is established the enforcement process follows an incremental approach as per the legislation:

 

1.      Formal notice served on occupier showing what is required.

2.      If not resolved, a second notice is served outlining the breach and giving a timescale to comply minimum of 7 days.

3.      If not resolved, a third notice is issued which is a notice of intent to serve a Fixed Penalty. (The occupier has 28 days when they can make representations to the Council as to why a fixed penalty should not be issued.

4.      If no such representation is made and breach continues a fixed penalty notice may be issued. The occupier can then appeal to a tribunal against the issue of the fixed penalty.

In the last 12 months in excess of 200 notices under section 46 have been served on occupiers of properties across the District.

 

In the last two weeks 52 notices have been issued to properties mainly in the areas of Berrisford Street, Melbourne Street, Margaret Street and Mantle Lane/Memorial Square.

 

Following consultation with our legal department we are introducing additional legislation  ...  view the full minutes text for item 51.

52.

Motions

To consider any motions on notice under procedure rule no. 12.

Minutes:

No motions were received.

 

53.

Petitions

To receive petitions in accordance with the Council’s Petition Scheme. 

Minutes:

No petitions were received.

 

54.

Minutes pdf icon PDF 96 KB

To confirm the minutes of the meeting of the Council held on 13 November 2018.

Minutes:

Consideration was given to the minutes of the meeting held on 13 November 2018.

 

It was moved by Councillor J Clarke, seconded by Councillor M Specht and

 

RESOLVED THAT:

 

The minutes of the meeting held on 13 November 2018 be approved and signed by the Chairman as a correct record.

 

55.

Budget and Council Tax 2019/20 pdf icon PDF 217 KB

Report of the Head of Finance

Presented by the Corporate Portfolio Holder

Additional documents:

Minutes:

Councillor N J Rushton presented the report to members, highlighting the proposed amendment regarding burial fees for children.  He explained that regardless of the amendment, this was an executive function rather than a Council function, and he had asked the Strategic Director of Place to review those fees with a view to removing them. 

 

Councillor N J Rushton drew members’ attention to the proposed freeze in Council Tax for the 10th consecutive year providing an average saving of £5 in 2019/20 and over £286 overall.  He also highlighted the General Fund budget, set out at Appendix 3b, with a projected surplus for 2018/19 of £161,000, and the forecast level of self-sufficiency reserve of £4 million, assuming that there was no spending against this reserve.  He stated that it was prudent to maintain this reserve considering the risks to the budget going forward.  He added that the operating balance of £1.5 million remained in place.

 

Councillor N J Rushton highlighted the projected business rates income and the movement in the Council Tax base, as a result of significant growth in the district.

 

Councillor N J Rushton moved the recommendations as set out in the report.  The motion was seconded by Councillor R Blunt who reserved his comments. 

 

The Chairman referred to the amendments to the motion which had been circulated in the additional papers.  He invited Councillor S Sheahan to put forward his amendment.

 

Councillor S Sheahan spoke to the amendment.  He stated that investing start-up grants in local talent could bring enormous benefits to the local area.  He reminded members that the Council had agreed to support the Make a Stand campaign and the amendment sought a concrete commitment to provide a domestic abuse support worker.  He felt that additional funding was needed in relation to air quality as the action plan had not been updated.  He stated that the amendment sought to bring pride back to the local community and give artists a connection with the local area.  The proposed additional funding allocated towards the Citizens Advice Bureau would help with benefit claims and the investment in customer services would be recouped in efficiency savings over a period of time.  He explained that the proposed would be funded by a reduction in the CLT and ELT training budgets and LLEP match funding.  He felt this was a good use of money and commended the amended budget to members. 

 

The motion was seconded by Councillor N Clarke, who spoke in support of the motion, echoing the comments made by Councillor S Sheahan.

 

Councillor T J Pendleton commented that he could not support the amendment.  He added that in his capacity as Chairman of the Community Safety Partnership, priorities had been readdressed.  Domestic violence was a key priority and he felt that the additional support worker was not needed due to the network of support that was already in place. 

 

Councillor J Geary emphasised the importance of the Snibston mine site, which was a world heritage  ...  view the full minutes text for item 55.

Recorded Vote
TitleTypeRecorded Vote textResult
Amendment to the Budget submitted by Councillor S Sheahan Amendment Rejected
Amendment to the Budget submitted by Councillor M B Wyatt Amendment Rejected
Substantive motion Motion Carried
  • View Recorded Vote for this item
  • 56.

    HS2 Update pdf icon PDF 89 KB

    Report of the Strategic Director of Place

    Presented by the Business Portfolio Holder

    Minutes:

    Having declared a pecuniary interest, Councillors R Blunt, J G Coxon, T J Pendleton and S Sheahan left the room during consideration of this item and took no part in the discussion or voting thereon. 

     

    Councillor D J Stevenson left the meeting at 8.41pm.

     

    Councillor T Gillard presented the report to members, referring to the speculation in the media regarding the project and reminding members that work had commenced on the route at Birmingham.  He added that it was important to take action now to mitigate the impacts and maximise the benefits as there would be over 17 miles of the route in the district.  He advised that construction work was due to commence soon after obtaining royal assent in 2023, and the work in the district was likely to last around 5 years.  He added that the impacts on residents and businesses would be particularly severe in Measham, which was one of the more deprived areas in the district.  He also highlighted the disruption that would be caused around Packington and Kegworth, and added that he believed HS2 needed to do more to minimise the impacts. 

     

    Councillor T Gillard stated that there were opportunities for benefits arising from the proposals including maximising transport links and regional and national economic benefits.  He stated that the Council had always supported its communities and it was clear to see there would be significant impacts especially during the construction period.  He emphasised the need to work together and stand firm with communities and businesses.  He thanked the Policy Development Group for their comments. 

     

    Councillor N Clarke stated that the Labour Group had attempted to submit an amendment to recommendation 2, which had been rejected by the Monitoring Officer.  He sought to move the amendment once more and sought an explanation as to why it had not been allowed by the Monitoring Officer.

     

    The Monitoring Officer explained that the amendment sought to negate the effect of the original motion and was therefore not a valid amendment.

     

    Councillor M Specht stated that Policy Development Group had discussed this issue on more than one occasion and the major drawback was the lack of benefit for the district. 

     

    Councillor J Bridges stated that he would be supporting the motion due to the need to be prepared, however he requested that it be recorded in the minutes that he did not support the project as a whole and believed that this section of the route would not proceed due to viability issues.  He added that the uncertainty had caused stifled growth in the area.

     

    Councillor D Everitt expressed concerns regarding the affordability of the scheme and the lack of benefit for cross county traffic and the northern regions. 

     

    Councillor J Legrys stated that he could not support this scheme and believed the line would not be built.  He stated that the blight of HS2 was affecting everyone and HS2 would not regenerate Coalville.  He expressed concerns regarding the adverse effect on the midland mainline and hoped that the  ...  view the full minutes text for item 56.

    57.

    Gender Pay Gap Report 2018 pdf icon PDF 118 KB

    Report of the Chief Executive

    Presented by the Leader

    Minutes:

    Councillor R Blunt presented the report to members.  He highlighted that the gender pay gap had reduced in the previous year and it was intended to recalculate the gender pay gap in the summer following the transfer of the leisure centre staff.  He recognised that the ideal position was to have no gender pay gap and stated the Council was not complacent about this issue. 

     

    It was moved by Councillor R Blunt, seconded by Councillor A V Smith and

     

    RESOLVED THAT: 

     

    The report be noted.

    58.

    Investment Strategy - Service and Commercial 2019/20 pdf icon PDF 50 KB

    Report of the Head of Finance

    Presented by the Corporate Portfolio Holder

    Additional documents:

    Minutes:

    Councillor N J Rushton presented the report to members, highlighting the new requirements for supporting local public services and earning investment income.

     

    Councillor J Legrys expressed support for the proposals.  He felt that it was essential that any funds raised or invested should remain within the district and that members should have the opportunity to scrutinise the principle of those investments.

     

    It was moved by Councillor N J Rushton, seconded by Councillor J Hoult and

     

    RESOLVED THAT:

     

    The Investment Strategy – Service and Commercial 2019/20 be approved.

    59.

    Pay Policy Statement 2019/20 pdf icon PDF 58 KB

    Report of the Chief Executive

    Presented by the Leader

    Additional documents:

    60.

    Review of Licensing Act Statement of Licensing Policy and Cumulative Impact Assessment pdf icon PDF 72 KB

    Report of the Strategic Director of Place

    Presented by the Community Services Portfolio Holder

     

    Additional documents:

    Minutes:

    Councillor A V Smith presented the report to members, outlining the consultation process undertaken.

     

    It was moved by Councillor A V Smith, seconded by Councillor R Ashman and

     

    RESOLVED THAT:

     

    1. The Licensing Act 2003 Statement of Licensing Policy be approved.

     

    The cumulative impact assessment relating to Ashby de la Zouch town centre be approved.

    61.

    Review of the Council's Constitution pdf icon PDF 95 KB

    Report of the Head of Legal and Commercial Services

    Presented by the Corporate Portfolio Holder

    Additional documents:

    Minutes:

    Councillor N J Rushton presented the report to members, highlighting the proposed changes to the Constitution.

     

    Councillor M Specht commended the report and in particular the proposed changes to scrutiny.

     

    Councillor S Sheahan welcomed the proposal for an additional scrutiny committee and commented that good governance needed adequate scrutiny.  He requested that one of the scrutiny chairmen be a member of the opposition group. 

     

    Councillor A C Saffell requested a review of the entire Constitution to remove duplications. 

     

    It was moved by Councillor N J Rushton, seconded by Councillor J Legrys and

     

    RESOLVED THAT:

     

    1. The amendments to the Council’s Constitution set out on the report are adopted.

     

    The Head of Legal and Commercial Services be authorised to make the agreed amendments and any consequential amendments to the Constitution and re-issue the document.

    Councillor M B Wyatt left the meeting at 9.16pm.

    62.

    The Treasury Management Strategy Statement 2019/20 and Prudential Indicators 2019/20 to 2021/22 pdf icon PDF 55 KB

    Report of the Head of Finance

    Presented by the Corporate Portfolio Holder

    Additional documents:

    Minutes:

    Councillor N J Rushton presented the report to members, seeking Council’s approval for the statement and the proposed change in approach to the redemption of loans.  He highlighted the identified borrowing need in 2022 as a direct result of the funding allocated to the Coalville Leisure Centre. 

     

    In response to a question from Councillor S Sheahan, Councillor N J Rushton advised that the decision to repay the maturity loans would ultimately be a matter for the new Council to decide, however the funding had been set aside to repay those loans. 

     

    Councillor R D Bayliss added that the present policy was to repay the maturity loans when they became due for repayment, however a decision could be taken annually on how to utilise any surplus.

     

    It was moved by Councillor N J Rushton, seconded by Councillor G Hoult and

     

    RESOLVED THAT:

     

    a)    The Treasury Management Strategy Statement 2019/20, Treasury Management Prudential Indicators – Revised 2018/19 and 2019/20 to 2021/22 and the Annual Minimum Revenue Provision Statement be approved.

     

    The proposed change in approach to redemption of HRA loans (set out at paragraph 1.8 of the report) be approved.