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.

There were no declarations of interest.

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

The Chairman advised the meeting that the Chairman of Cherwell District Council had given his apologies, as he was attending a service for the Horton GeneralHospital at St Mary’s Church in Banbury where the campaign for the Horton began.

The Chairman welcomed Councillor Alaric Rose to his first meeting, following his election at the Kidlington North By-election in July and also expressed his best wishes to Councillor Diana Edwards, who had been in hospital after injuring her hip in a fall.

Lastly the Chairman congratulated the Chief Executive on her success in being appointed as Chief Executive to the London Borough of Hounslow and it was agreed that council would mark this achievement at the December meeting.

a)         Petitions

A petition containing 11, 038 signatures has been submitted to the council which due to the number of signatures has met the threshold for debate by Council.

The Hospital Bicester Deserves

Bicester deserves a hospital of its own, equipped for the needs of a growing town, delivered by local health authorities that listen to the views of the community

We the undersigned welcome and support the Cherwell District Council (CDC) plans to build a new Bicester community hospital with beds and then lease it back to the local primary care trust (PCT). It is a well known fact that Bicester is a fast expanding town yet provision for a new NHS community hospital with beds and much needed health care facilities for dementia respite and elderly care are still curtailed through lack of foresight on future patient requirements. A better plan is to use the land earmarked for a health village and care provision as proposed for the south west Bicester development – this alternative would provide the best healthcare for Bicester and its residents.  We the undersigned petitioners find it unacceptable that should the primary care centre option go ahead, this will result in the closure of Bicester cottage hospital and the loss of 12 in-patient beds. We strongly urge the Oxon PCT to work with the CDC and partners to do all in its power to build and deliver the new 30 bed community hospital for Bicester – the healthcare facility an expanding town deserves.

Petition submitted by Councillor Sibley on behalf of Save our Community Hospital (the SOCH Campaign 2009 - 10 ) – Bicester

The petition organiser will be given five minutes to present the and the petition will then be discussed by councillors for a maximum of 15 minutes. The council will decide how to respond to the petition. Council  may decide:

• to take the action the petition requests
• not to take the action requested for reasons put forward in the debate,
• to commission further investigation into the matter, for example by a relevant committee.

Where the issue is one on which the council executive are required to make the final decision, the council will decide whether to make recommendations to inform that decision. 

b)         Requests to Address the Meeting

The Chairman to report on any requests to address the meeting.

The Chairman advised that he had received a request to address the meeting by Mr Bernie Douglas in respect of the motion submitted by Councillor Wood and that Mr Douglas would be heard immediately prior to this item.

The Chairman further advised that Councillor Sibley wished to submit a petition to Council in accordance with the Councils petition scheme.

Councillor Sibley addressed council as the lead petitioner.

It was moved by Councillor Wood, and seconded by Councillor Cotter, that the action requested in the petition be agreed:

The proposal was debated and a recorded vote was requested by Councillors Sibley and Cotter and members voted as follows:

Resolved

That the action requested in the petition be agreed.

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

The Vice-Chairman reported that he had agreed to an item of urgent business being admitted to the agenda regarding interim Chief Executive and Head of Paid Service arrangements from 1 January 2011, on the basis that it was necessary for a recruitment process to take place prior to the next meeting where legally it would be required to make an appointment.

To confirm as a correct record the Minutes of Council held on 19 July 2010.

The minutes of the meeting held on 19 July 2010 were agreed as a correct record and signed by the Chairman.

Cllr Michael Waine, Cabinet Member for Schools Improvement at Oxfordshire County Council, and Sally Taylor, Head of the Oxfordshire Raising Achievement Service, will be invited to address Council, following which Members will be able to ask questions.

The Chairman welcomed Councillor Michael Waine, Cabinet Member for Schools Improvement at Oxfordshire County Council and Sally Taylor, Head of Raising Achievement Service to the meeting.

Councillor Michael Waine and Sally Taylor addressed the meeting regarding educational achievement in the district. A number of members asked questions and answers were duly provided.

The Chairman thanked Councillor Michael Waine and Sally Taylor for their attendance.

a)         Minutes of Executive and Portfolio Holder Decisions

The Leader of the Council to formally propose that the minutes of the meetings of the Executive and Portfolio Holder Decisions as set out in the Minute Book (circulated separately) be received

b)         Minutes of Committees

The Leader of the Council to formally propose that the minutes of committees as set out in the Minute Booklet (circulated separately) be received.

a)                 Minutes of the Executive, Portfolio Holder Decisions and Executive Decisions made under Special Urgency

Resolved

That the minutes of the meeting of the Executive and Portfolio Holder decisions as set out in the Minute Book be received and that it be noted that since the last meeting of Council, one Executive decision had been taken that was subject to the special urgency provisions of the Constitution.

b)                 Minutes of Committees

Resolved

That the minutes of Committees as set out in the Minute Book be received.

a)         Written Questions

            To receive any written questions and answers which have been submitted with advance notice in accordance with the constitution. A written response to the question will be circulated at the meeting.

b)         Questions to the Leader of the Council

The Chairman to invite questions to the Leader of the Council (including any matters arising from the minutes).

Following a response to their question being provided members will be entitled to a follow up or supplementary question.

c)         Questions to Committee Chairmen on the minutes

The Chairman to invite questions to Chairmen of Committees on any matter arising from the minutes of their committee (if any).

a) Written Questions

There were no written questions.

b) Questions to the Leader of the Council

Questions were asked and answers received on the following issues:

Effect of waste incinerators on the district: Councillor Mawer

Waste incinerator at Ardley: Councillor Sibley

Success of the financial close down: Councillor Macnamara     

Councillor Wood requested that his appreciation of the success of the financial close down be recorded in the minutes.

c) Questions to Committee Chairmen on the minutes

There were no questions to the Committee Chairman on minutes.

To debate a motion which has been submitted with advance notice, in accordance with the constitution.

High Speed Rail Route

This Council NOTES the Government proposal for a High Speed Rail route from London to Birmingham and that the publicised route impacts on Villages in the District.

This Council BELIEVES that there is an insufficient Business Case for this proposal.

This Council therefore INSTRUCTS Officers to prepare a report to the Executive setting out how the Council will campaign with like minded neighbouring Councils to "Stop HS2".

Proposed: Cllr Wood

Seconded: Cllr Mrs Fulljames

a) High Speed Rail Route

Mr Bernie Douglas addressed the meeting with regard to the motion.

It was moved by Councillor Wood, and seconded by Councillor Hughes, that the following motion be adopted:

‘This Council notes the Government proposal for a High Speed Rail route from London to Birmingham and that the publicised route impacts on Villages in the District.

This Council believes that there is an insufficient Business Case for this proposal.

This Council therefore instructs Officers to prepare a report to the Executive setting out how the Council will campaign with like minded neighbouring Councils to "Stop HS2".’

The motion was debated and subsequently agreed.

Resolved

That the motion as set out above be adopted.

Report of Head of Legal and Democratic Services

Summary

To consider arrangements for adopting the so called ‘Strong Leader’ model of Executive governance as required by the Local Government and Public Involvement in Health Act 2007, until this act is repealed later in the year.

Recommendations

The Executive recommends Council:

(1)               To note that the Government intend to repeal these requirements later in the year and consequently to agree a minimal response to ensure legislative compliance as set out in the following recommendations and endorsed by the minister in his letter as set out in Appendix 1.

(2)               To note that Cherwell already operates a Strong Leader Model

(3)               To note that there have been no public responses to these proposals.

(4)               To agree the constitutional amendments as set out at Appendix 2.

The Head of Legal and Democratic Services submitted a report to consider arrangements for adopting the so called ‘Strong Leader’ model of Executive governance as required by the Local Government and Public Involvement in Health Act 2007, until this act is repealed later in the year.

Resolved

(1)               That it be noted the Government intend to repeal these requirements later in the year and consequently to agree a minimal response to ensure legislative compliance as set out in the following recommendations and endorsed by the minister in his letter as set out in Annex 1 to the minutes (as set out in the minute book).

(2)               That it be noted Cherwell already operates a Strong Leader Model

(3)               That it be noted there has been no public response to these proposals.

(4)               That the constitutional amendments as set out at Annex 2 to the minutes (as set out in the minute book) be agreed.

Report of Head of Regeneration and Estates

Summary

To seek authorisation for the making of a compulsory purchase order to facilitate the implementation of the redevelopment scheme (as proposed by Town Centre Retail (Bicester) Ltd and described in this report) to assemble the land interests required for the scheme, such interests being identified on the Order map and described in the schedule of land interests annexed to this report.

Recommendations

The Council is recommended to resolve to make a compulsory purchase order in respect of:

(1)               the land shown coloured pink on the map attached at appendix one under Section 226(1)(a) of the Town and Country Planning Act 1990 ( as amended) because it thinks that the acquisition will facilitate the carrying out of the development, redevelopment or improvement on or in relation to the land, and the development, redevelopment or improvement is likely to contribute to the promotion or improvement of the economic, social and environmental well-being of Bicester and the surrounding district; and

(2)               the new rights in relation to the land shown coloured blue on the map at appendix one under Section 13 of the Local Government (Miscellaneous Provisions) Act 1976, such land and new rights being described in the schedule of land interests at appendix two.

The Head of Regeneration and Estates submitted a report to seek authorisation for the making of a compulsory purchase order to facilitate the implementation of the redevelopment scheme (as proposed by Town Centre Retail (Bicester) Ltd and described in this report) to assemble the land interests required for the scheme, such interests being identified on the Order map and described in the schedule of land interests annexed to this report.

Resolved

(1)               That a compulsory purchase order be made in respect of the land shown coloured pink on the map attached at annex 3 to the minutes (as set out in the minute book) under Section 226(1)(a) of the Town and Country Planning Act 1990 (as amended) because it thinks that the acquisition will facilitate the carrying out of the development, redevelopment or improvement on or in relation to the land, and the development, redevelopment or improvement is likely to contribute to the promotion or improvement of the economic, social and environmental well-being of Bicester and the surrounding district; and

(2)               That a compulsory purchase order be made in respect of the new rights in relation to the land shown coloured blue on the map attached at annex 3 to the minutes (as set out in the minute book) under Section 13 of the Local Government (Miscellaneous Provisions) Act 1976, such land and new rights being described in the schedule of land interests at annex 4 to the minutes (as set out in the minute book).

Head of Legal and Democratic Services

Summary

To gain agreement to the amended constitution of Committees for Municipal Year 2010/11 and to advise Council of political group nominations following the results of the Kidlington North By-election.

Recommendations

The meeting is recommended:

(1)               That the allocation of the seats on the Committees that are subject to the political balance requirements be agreed as set out in Table 1 below following the results of the Kidlington North by-election.

(2)               To appoint Members (and, where appropriate, substitute members) to serve on each of the Committees set out in Table 2 of the report  in accordance with the nominations made by the Political Groups.

The Head of Legal and Democratic Services submitted a report to gain agreement to the amended constitution of Committees for Municipal Year 2010/11 and to advise Council of political group nominations following the results of the Kidlington North By-election.

Resolved

(1)               That the allocation of the seats on the Committees that are subject to the political balance requirements be agreed as set out below following the results of the Kidlington North by-election.

(2)               To appoint Members (and, where appropriate, substitute members) to serve on each of the Committees set out below in accordance with the nominations made by the Political Groups.

The Leader of the Council submitted an urgent report to seek Council’s approval to delegate responsibility to the Personnel Committee for identifying, if possible, an internal candidate for the position of interim Chief Executive and Head of Paid Service and for taking any decisions related to the recruiting of a shared Chief Executive and Head of Paid Service with South Northamptonshire Council which might be required before the next meeting of full Council on 8December. 

Resolved

(1)               That the Personnel Committee be asked to seek to recruit internally an interim Chief Executive and Head of Paid Service for between two and six months from 1 January 2011 and to bring a recommendation for the appointment to full Council on 8 December.

(2)               That the Personnel Committee be asked to take any decisions related to the recruitment of a shared Chief Executive and Head of Paid Service with South Northamptonshire Council which might be required in advance of a final decision about a shared management team on 8 December.