Agenda and minutes

Members are asked to declare any interest and the nature of that interest which they may have in any of the items under consideration at this meeting.

Agenda Item 10. Minutes of the Executive, Minute 208

Councillor Norman Bolster, Personal, Due to being a County Councillor and the County Council holding a land interest at Gowells Farm, Bicester.

Councillor Ann Bonner, Personal, Due to being a County Councillor and the County Council holding a land interest at Gowells Farm, Bicester.

Councillor Mrs Catherine Fulljames, Personal, Due to being a County Councillor and the County Council holding a land interest at Gowells Farm, Bicester.

Councillor Michael Gibbard, Personal, Due to being a County Councillor and the County Council holding a land interest at Gowells Farm, Bicester.

Councillor Timothy Hallchurch MBE, Personal, Due to being a County Councillor and the County Council holding a land interest at Gowells Farm, Bicester.

Councillor Kieron Mallon, Personal, Due to being a County Councillor and the County Council holding a land interest at Gowells Farm, Bicester.

Councillor Lawrie Stratford, Personal, Due to being a County Councillor and the County Council holding a land interest at Gowells Farm, Bicester.

Councillor Nicholas Turner, Personal, Due to being a County Councillor and the County Council holding a land interest at Gowells Farm, Bicester.

Councillor Barry Wood, Personal, Persons known to him have an interest in land in Northwest Bicester, outside of the area under discussion

To receive communications from the Chairman and/or the Leader of the Council.

Councillor Macnamara

The Chairman informed the meeting that Councillor Macnamara’s wife, Marcelle, sadly passed away over the Easter weekend. Members joined the Chairman in extending condolences to both him and his family.

Councillor Linda Thirzie Smart

The Chairman extended his condolences to Councillor Linda Thirzie-Smart on the recent passing of her mother Frankie.

Councillor Pack

The Chairman reported that since the last meeting Chris Pack had stood down as a Councillor after nearly nine years in order to begin to enjoy his retirement. The Council wished him happiness for the future and agreed that he should be invited to Annual Council.

Councillor Strangwood

The Chairman informed the meeting that Councillor Strangwood had a new addition to his family, with the birth of Audee May. The meeting conveyed their congratulations to the Strangwood family.

The Chairman to report on any requests to submit petitions or to address the meeting.

The Chairman reported he had received and agreed to two requests to address the meeting on the minutes of Executive 30 March 2009 from Mrs Bowden and Mrs Murfitt and that he had agreed they would be taken at that point on the agenda.

The Chairman to advise whether they have agreed to any item of urgent business being admitted to the agenda.

There was no urgent business.

To confirm as a correct record the Minutes of Council held on 23 February 2009.

The minutes of Council held on 23 February 2009 were agreed and signed by the Chairman.

The Chairman to invite any questions, on matters arising from the minutes of the Council meetings as set out at Agenda Item 6.

There were no questions on the minutes of Council.

The Chief Constable of Thames Valley Police, Sara Thornton and her supporting officers will be invited to address Council, following which the Leader of the Council will propose that Procedural Rules are lifted to allow questions from members.

The Chairman welcomed Sara Thornton, the Chief Constable of Thames Valley Police, together with Superintendent Howard Stone (Local Policing Area Commander), Inspector Martin Percival (Sector Inspector Bicester) and Inspector Neville Clayton (Sector Inspector Banbury)

In order for questions to be asked following the presentation, it was agreed that Procedure Rules be lifted.

The Chief Constable addressed the meeting regarding the work of Thames Valley Police and presented the annual report of the constabulary including performance and the priorities for the future.

A number of Members asked questions of the Chief Constable and answers were duly provided.

The Chairman thanked the Chief Constable, Superintendent Stone, Inspector Percival and Inspector Clayton for their attendance.

The Leader of the Council to report for information, that since the last meeting of Council, no Executive decisions have been taken that were subject to the special urgency provisions of the constitution.

Since the last meeting of Council there had been no Executive decisions that had been taken that were subject to the special urgency provisions of the constitution.

To consider the non-exempt minutes of the meetings of the Executive as set out in the Minute Booklet (circulated separately).

It was proposed by Councillor Wood and seconded by Councillor Mallon that the minutes of the Executives held on 2 and 16 March be received and that the recommendations set out in the minutes be agreed, with the exception of Minute 210 which would be considered at agenda item 17.

Questions were put and answered on Minute181

Mrs Murfitt and Mrs Bowden addressed the meeting with regard to Executive Minute 208 in opposition to the North West Bicester proposal.

Councillor Mrs Fulljames addressed the meeting with regard to Executive Minute 208 in opposition to the North West Bicester proposal.

It was proposed by Councillor Wood and seconded by Councillor Mallon that the minutes of the Executive held on 30 March be received.

Questions were put by members and answered on Minute 208.

Councillor Cotter asked for it to be recorded that he had been present at the Executive of 30 March 2009.

Resolved

That the minutes of the meetings held on 2, 16 and 30 March 2009 be noted and that the recommendations set out in minutes 175 and 209 be approved.

It was proposed by Councillor Atack and seconded by Councillor Hallchurch that the minutes of the meeting of the Accounts, Audit and Risk Committee as set out in the Council Minute Book be received.

Resolved

That the minutes of the meeting held on 9 March 2009 be noted.

It was proposed by Councillor Donaldson and seconded by Councillor Sames that the minutes of the meetings of the Overview and Scrutiny Committee as set out in the Council Minute Book be received.

Resolved

That the minutes of the meetings held on 10 February and 9 March 2009 be noted.

It was proposed by Councillor Clarke and seconded by Councillor Irvine that the minutes of the meeting of the Resources and Performance Scrutiny Board as set out in the Council Minute Book be received.

Resolved

That the minutes of the meeting held on 17 February 2009 be noted.

It was proposed by Councillor Blackwell and seconded by Councillor Mrs Fulljames that the minutes of the meeting of the Standards Committee as set out in the Council Minute Book be received and that the recommendations set out in Minute 41 be considered at agenda item 17.

Resolved

That the minutes of the meeting held on 8 April 2009 be noted.

To consider a record of and allow questions on the Portfolio Holder decisions made since the last meeting.

Resolved

That the record of Portfolio Holder decisions be noted.

To receive any written questions and answers which have been submitted with advance notice in accordance with the constitution.

There were no written questions.

To debate any motions which have been submitted with advance notice, in accordance with the constitution.

There were no motions.

Report of Head of Legal and Democratic Services

Summary

To seek approval from the Council for the proposed changes to the constitution as considered by Executive and Standards Committee.

Recommendations

Council is recommended:

(1)       To consider and comment on the proposed changes to the constitution

(2)               To approve, subject to any amendments Council may wish to make, and subject to any comments or amendments from the Standards committee on 8 April, the attached Introduction, Terms of Reference and Scheme of Delegation, Rules of Procedure and Planning Guidance.

(3)               To recommend to Council that delegated powers be given to the Head of Legal and Democratic Services in consultation with the Leader of Council, to make any minor or consequential amendments that may be needed, in particular with inconsistencies or duplications that may exist within the part of the constitution not yet reviewed.

(4)       To agree that the financial limit for key decisions for 2009/2010 remains at £50,000

Council considered a report of the Head of Legal and Democratic Services seeking approval for the proposed changes to the constitution as considered by the Executive and Standards Committee. It was proposed by Councillor Wood and seconded by Councillor Mallon that the proposal as set out in the resolution below be agreed.

Resolved

1)         That the Introduction, Terms of Reference and Scheme of Delegation, Rules of Procedure and Planning Guidance (as set out in the minute book) be approved, subject to the amendments of the Standards Committee (as circulated to members) with the exception of amendments c, g, j and o in the document (as set out in the minute book) .

2)     That delegated powers be given to the Head of Legal and Democratic Services in consultation with the Leader of the Council, to make any minor or consequential amendments that may be needed, in particular with regard to inconsistencies or duplications that may exist within the part of the constitution not yet reviewed.

The following agenda items contain exempt information as defined in the following paragraphs of Part 1, Schedule 12A of Local Government Act 1972.

Paragraph 1 – Information relating to any individual

Paragraph 2 – Information which is likely to reveal the identity of an individual.

Paragraph 4 – Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority.

Paragraph 5 – Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

Paragraph 6 – Information which reveals that the authority proposes:

(a)   to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or

(b)   to make an order or direction under any enactment

Paragraph 7 – Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

Members are reminded that whilst the following agenda items have been marked as exempt, it is for Council to decide whether or not to consider each of them in private or in public. In making the decision, members should balance the interests of individuals or the Council itself in having access to the information. In considering their discretion members should also be mindful of the advice of Council Officers.

Should Members decide not to make a decision in public, they are recommended to pass the following recommendation:

“That, in accordance with Section 100A(4) of Local Government Act 1972, the press and public be excluded from the meeting for the following item of business, on the grounds that they could involve the likely disclosure of exempt information as defined in the above paragraphs of Schedule 12A.”

Resolved

That, in accordance with Section 100A(4) of Local Government Act 1972, the press and public be excluded from the meeting for the following items of business, on the grounds that they could involve the likely disclosure of exempt information as defined in paragraphs 1, 2, 3 and 4 of Schedule 12A of that Act.

It was proposed by Councillor Wood and seconded by Councillor Mallon that the exempt minutes of the meetings of the Executive as set out in the Council Minute Book be received.

Resolved

That the exempt minutes of the meetings held on 16 March and 6 April 2009 be noted.