Agenda and minutes


Council - Monday 21 February 2011 6.30 pm

Venue: Bodicote House, Bodicote, Banbury, OX15 4AA. View directions

Contact: James Doble, Legal and Democratic Services  Email: james.doble@cherwell-dc.gov.uk, (01295) 221587

Media

Items
No. Item

50.

Declarations of Interest

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.

Additional documents:

Minutes:

Members declared interests in the following agenda items:

 

11. 2011/12 Service and Financial Planning Process, Corporate Plan, Revenue Budget and Capital Programme.

 

Councillor Tim Emptage, Personal, as a Kidlington Parish Councillor.

 

51.

Communications

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

 

Additional documents:

Minutes:

The Chairman made the following announcements:

 

The Chairman’s Annual Dinner would take place on Friday 25 February at the Banbury House Hotel, in aid of the Horton General Hospital Children’s Ward and the Special Care Baby Unit and the League of Friends, Bicester Community Hospital.   

 

An invitation to the Charity Dinner of Councillor Dermot Bambridge, the Chairman of South Northamptonshire Council on Friday 11 March at The Empress Suite, Towcester Racecourse The dinner in aid of the local operations of St John's Ambulance and Parkinsons UK.

 

BBC Radio Oxford and St John Ambulance are inviting people to join an attempt to break the world record for the largest first aid class on Saturday 19 March 2011 at the Kassam Stadium, Oxford.

 

Lastly, the Chairman thanked Liz Howlett, Head of Legal and Democratic Services and Monitoring Officer and Martin Henry, Chief Finance and Section 151 Officer, Martin Henry. Members thanked them both for their service to the council.

 

52.

Petitions and Requests to Address the Meeting

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

Additional documents:

Minutes:

There were no petitions or requests to address the meeting.

 

53.

Urgent Business

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

 

Additional documents:

Minutes:

There were no items of urgent business.

54.

Minutes of Council pdf icon PDF 97 KB

To confirm as a correct record the Minutes of Council held on 8 December 2010.

Additional documents:

Minutes:

The minutes of the meeting held on 8 December 2011 were agreed as a correct record and signed by the Chairman.

55.

Minutes pdf icon PDF 876 KB

a)         Minutes of Executive, Portfolio Holder Decisions and Executive Decisions not included in the Forward Plan

 

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 and to report that since the last meeting no decisions have been taken by the Executive which were not included in the Forward Plan.

 

b)         Minutes of Committees

 

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

Additional documents:

Minutes:

 

 

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.

 

 

56.

Questions

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).

Additional documents:

Minutes:

 

a) Written Questions

 

There were no written questions.

 

b) Questions to the Leader of the Council

 

Questions were asked and answers received in the following issues:

 

Legal and other costs of investigating charging for Watts Way, Kidlington: Councillor Emptage

Bicester Parking: Councillor Sibley

Performance Monitoring: Councillor Hughes

 

                       

c) Questions to Committee Chairmen on the minutes

 

There were no questions to the Committee Chairman on minutes.

 

57.

Motions

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

 

Additional documents:

Minutes:

There were no motions.

58.

Members Allowances 2011/12 pdf icon PDF 57 KB

Report of Head of Legal and Democratic Services

 

Summary

 

To consider and determine the levels of the allowances to be paid to Members for the forthcoming 2011/2012 financial year following the submission of the report of the Council’s Independent Remuneration Panel (IRP) on the review of the 2010/2011 Members’ Allowances Scheme.

 

Recommendations

 

Council is recommended:

 

(1)               To consider the levels of allowances to be included in the 2011/12 Members’ Allowances Scheme, (that is recommending no change to the levels agreed for 2010/11) and whether the Panel’s recommendations should be adopted or modified in any way.

(2)               To authorise the Head of Legal and Democratic Services to prepare an amended Members’ Allowances Scheme, in accordance with the decisions of the Council for implementation with effect from 1 April 2011.

(3)               To authorise the Head of Legal and Democratic Services to take all necessary action to revoke the current (2010/11) Scheme and to publicise the revised Scheme pursuant to The Local Authorities (Members’ Allowances) (England) Regulations 2003 (as amended).

(4)               To thank the Independent Remuneration Panel for its thorough and detailed report and set a fee of £300 for IRP Panel Members for the work carried out in 2010/11 and propose the same level of fee for 2011/12.

 

Additional documents:

Minutes:

The Head of Legal and Democratic Services submitted a report to consider and determine the levels of the allowances to be paid to Members for the forthcoming 2011/2012 financial year following the submission of the report of the Council’s Independent Remuneration Panel (IRP) on the review of the 2010/2011 Members’ Allowances Scheme.

 

Resolved

 

 

(1)               That the levels of allowances to be included in the 2011/12 Members’ Allowances Scheme, (that is recommending no change to the levels agreed for 2010/11) be agreed.

(2)               That the Head of Legal and Democratic Services be authorised to prepare an amended Members’ Allowances Scheme, in accordance with the decisions of the Council for implementation with effect from 1 April 2011.

(3)               That the Head of Legal and Democratic Services be authorised to take all necessary action to revoke the current (2010/11) Scheme and to publicise the revised Scheme pursuant to The Local Authorities (Members’ Allowances) (England) Regulations 2003 (as amended).

(4)               That the Independent Remuneration Panel for its thorough and detailed report and set a fee of £300 for IRP Panel Members for the work carried out in 2010/11 and propose the same level of fee for 2011/12.

 

 

59.

2011/12 Service and Financial Planning Process, Corporate Plan, Revenue Budget and Capital Programme pdf icon PDF 136 KB

**Please note the Budget Book (Appendix 2) will be circulated on 16 February 2011**

 

 

Report of Chief Financial Officer

 

Summary

 

To review the Council’s General Fund Budget, Capital Programme, Earmarked Reserves and General Fund Balances to ensure the robustness of the estimates included and to seek formal adoption of all parts of the Council’s financial plans and Corporate Plan for the 2011/12 budget year.

 

Recommendations

 

Council is recommended:

 

(1)               To consider the contents of this report in approving the General Fund Budget and Capital Programme for 2011/12 and to formally record that consideration.

 

(2)               To approve the 2011/12 General Fund Budget and Capital Programme proposed by the Executive on 7 February 2011, as detailed in the Budget Book in section Capital Investment.

 

(3)               To approve the Collection Fund Estimates contained in Annex 1 of the Budget Book.

 

(4)               To approve the Prudential Indicators contained in Annex 2 of the Budget Book.

 

(5)               To approve the final Service Plans for 2011/12 as proposed by the Executive on 7 February 2011 and summarised in the Budget Book.

 

(6)               To approve the Corporate Plan as detailed in Annex 5 of the Budget Book.

 

 

 

 

Additional documents:

Minutes:

In line with convention, standing orders limiting the length of speeches during debate were lifted for this agenda item.

 

The Chief Financial Officer submitted a report to review the Council’s General Fund Budget, Capital Programme, Earmarked Reserves and General Fund Balances to ensure the robustness of the estimates included and to seek formal adoption of all parts of the Council’s financial plans and Corporate Plan for the 2011/12 budget year, which had been circulated separately to members.

 

An amendment was proposed by Councillor Emptage, seconded by Councillor Williamson that the proposed withdrawal of funding for Christmas lights should instead be funded from the general reserve. A recorded vote on the amendment was requested and subsequently lost, voting was as follows:

 

Councillor Parish - Abstain

Councillor Hallchurch - Against

Councillor Atkisnon - Against

Councillor Annaly – Against

Councillor Atack - Against

Councillor Ahmed – Against

Councillor Billington - Against

Councillor Blackwell – Against

Councillor Bolster - Against

Councillor Bonner – Against

Councillor Clarke - Against

Councillor Cotter – For

Councillor Cullip - Against

Councillor Donaldson – Against

Councillor Edwards - Against

Councillor Emptage – For

Councillor Gibbard - Against

Councillor Holland – Against

Councillor Heath - Against

Councillor Hughes - Against

Councillor Hurle - Against

Councillor Illott – Against

Councillor Macnamara - Against

Councillor MallonAgsinst

Councillor Mawer - Against

Councillor Milne Home – Against

Councillor Morris - Against

Councillor O’Sullivan – Against

Councillor Pickford - Against

Councillor Prestidge – Against

Councillor Reynolds - Against

Councillor Rose – For

Councillor Sames - Against

Councillor Sibley – Abstain

Councillor Smithson -  Against

Councillor Stevens – Against

Councillor Steward - Against

Councillor Strangwood – Against

Councillor L Stratford - Against

Councillor R Stratford – Against

Councillor Thirzie Smart - Against

Councillor Tompson – Against

Councillor Turner - Against

Councillor Webb – Against

Councillor Williamson - For

Councillor Wood - Against

 

Following debate, a procedural motion that the meeting move to the vote was carried.

 

Resolved

 

(1)               That Council notes that it has considered the contents of the report ‘2011/12 Service and Financial Planning Process, Corporate Plan, Revenue Budget and Capital Programme’ in approving the General Fund Budget and Capital Programme for 2011/12.

 

(2)               That the 2011/12 General Fund Budget and Capital Programme proposed by the Executive on 7 February 2011 be approved, as detailed in the Budget Book in section Capital Investment (annex 1 to the minutes, as set out in the minute book).

 

(3)               That the Collection Fund Estimates contained in Annex 1 of the Budget Book (as set out in the minute book) be approved.

 

(4)               That the Prudential Indicators contained in Annex 2 of the Budget Book (annex 1 to the minutes, as set out in the minute book) be approved.

 

(5)               That the final Service Plans for 2011/12 as proposed by the Executive on 7 February 2011 and summarised in the Budget Book (annex 1 to the minutes, as set out in the minute book) be approved..

 

(6)               That the Corporate Plan as detailed in Annex 5  ...  view the full minutes text for item 59.

60.

Adjournment of Council Meeting

The Council to adjourn, if necessary, to allow the Executive to meet to consider Council proposals which do not accord with the Executive’s recommendations.

 

Additional documents:

Minutes:

The Leader of the Council confirmed that as there were no successful amendments to the budget it would not be necessary for the Council to adjourn to allow the Executive to meet to consider them.

61.

Calculating the amounts of Council Tax for 2011/2012 and setting the Council Tax for 2011/2012 pdf icon PDF 54 KB

Report of Chief Finance Officer and Head of Finance

 

Summary

 

To detail the Calculations for the amounts of Council Tax for 2011/12 and the setting of Council Tax for 2011/2012.

 

Recommendations

 

Council is recommended:

 

(1)               To approve the Calculations for the amount of Council Tax for 2011/12 as detailed in Annex 1.

 

(2)               To recommend the Setting of Council Tax for 2011/2012 as per the detailed recommendations set out in section 8 of Annex 1.

 

Additional documents:

Minutes:

The Chief Finance Officer and Head of Finance submitted a joint report detailing the Calculations for the amounts of Council Tax for 2011/12 and the setting of Council Tax for 2011/2012.

 

Resolved

 

(1)               That the Calculations for the amount of Council Tax for 2011/12 (annex 2 to the minutes, as set out in the minute book) be approved.

 

(2)               That the Setting of Council Tax for 2011/2012 as per the detailed recommendations set out in section 8 of annex 2 to the minutes, as set out in the minute book) be approved.

 

 

62.

Community Governance and Polling District Review 2012 pdf icon PDF 62 KB

Report of Head of Legal and Democratic Services

 

Summary

 

To agree to hold a Community Governance and Polling District Review in 2012 and to agree to consult on the principle of including the development sites of  Bankside (Banbury), North West and South West Bicester within the boundaries of Banbury and Bicester Town Councils respectively.

 

Recommendations

 

Council is recommended:

 

(1)               To agree to hold a Community Governance and Polling District Review in 2012

(2)               To agree to consult as part of the Community Governance Review on the principle of including the development sites of Bankside (Banbury), North West and South West Bicester within the boundaries of Banbury and Bicester Town Councils respectively.

(3)               To agree to inform the Local Government Boundary Commission for England of this intention to consult as part of their consultation on the boundary review of Oxfordshire.

Additional documents:

Minutes:

The Head of Legal and Democratic Services submitted a report to agree to hold a Community Governance and Polling District Review in 2012 and to agree to consult on the principle of including the development sites of Bankside (Banbury), North West and South West Bicester within the boundaries of Banbury and Bicester Town Councils respectively.

 

During the course of debate and in reply to issues raised by Councillors the Leader of the Council proposed the additional recommendations that the Interim Chief Executive be delegated in consultation with the Leader of the Council to consider whether the RAF Bicester Domestic site should be included within the proposals and the Interim Chief Executive be delegated in consultation with the Leader of the Council to decide whether the Council should respond to the Oxfordshire Boundary review at this time.

 

Resolved

 

(1)               That a Community Governance and Polling District Review be held in 2012

(2)               That as part of the Community Governance Review the council will consult on the principle of including the development sites of Bankside (Banbury), North West and South West Bicester within the boundaries of Banbury and Bicester Town Councils respectively.

(3)               That the Local Government Boundary Commission for England be informed of this intention to consult as part of their consultation on the boundary review of Oxfordshire.

(4)       That the Interim Chief Executive be delegated in consultation with the Leader of the Council to consider whether the RAF Bicester Domestic site should be included within the proposal.

 

(5)       That the Interim Chief Executive be delegated in consultation with the Leader of the Council to decide whether the Council should respond to the Oxfordshire Boundary review at this time.

63.

Appointment of Shared Chief Executive pdf icon PDF 66 KB

Please note the interviews for post of shared Chief Executive will take place on 17 February 2011, therefore it is not possible to provide the report at the time of agenda publication. The report will be tabled at the meeting.

Additional documents:

Minutes:

The Joint Personnel Committee and Monitoring Officers (Cherwell District Council and South Northamptonshire Council) submitted a report to seek Council’s approval of the recommendations of the Joint Personnel Committee that Sue Smith be appointed to the Post of Shared Chief Executive and Head of Paid Service with effect from a date to be agreed in May with the new post holder by the Head of People and Improvement (Cherwell District Council) and the Head of Corporate Services (South Northamptonshire Council) in consultation with the Chairman and Vice Chairman of the Joint Personnel Committee. The Leader of the Opposition thanked the Leader of the Council for the inclusive recruitment process and thanked Ian Davies for his work as Interim Chief Executive.

 

The recommendations set out in the report were proposed by the Leader of the Council, seconded by the Leader of the Opposition and subsequently agreed unanimously.

 

Resolved

 

(1)               That the recommendation of the Joint Personnel Committee that Sue Smith be appointed Shared Chief Executive from a date to be agreed in May 2011 with the new post holder by the Head of People and Improvement (Cherwell District Council) and the Head of Corporate Services (South Northamptonshire Council) in consultation with the Chairman and Vice Chairman of the Joint Personnel Committee be approved.

(2)               That the recommendation of the Joint Personnel Committee that Sue Smith be appointed the Council’s Head of Paid Service for the purposes of Section 4 of the Local Government and Housing Act 1989 with effect from a date to be agreed in May with the new post holder by the Head of People and Improvement (Cherwell District Council) and the Head of Corporate Services (South Northamptonshire Council) in consultation with the Chairman and Vice Chairman of the Joint Personnel Committee.

(3)       That the term of appointment of Interim Chief Executive/Head of Paid service end on the date on which the new permanent Shared Chief Executive takes up her post.

64.

Interim Monitoring Officer Arrangements pdf icon PDF 54 KB

Report of Head of Legal and Democratic Services

 

Summary

 

The purpose of this report is to appoint an interim Monitoring Officer from April 1 2011 for a temporary indefinite period until the new shared senior management team with South Northamptonshire is appointed.

 

Recommendations

 

Council is recommended to agree:

 

(1)               That Nigel Bell be appointed as the Council’s interim Monitoring Officer with effect from 1 April 2011

(2)               That this appointment will continue until the Monitoring Officer role in the new shared senior management team is appointed and in post.

 

Additional documents:

Minutes:

The Head of Legal and Democratic Services submitted a report to appoint an interim Monitoring Officer from April 1 2011 for a temporary indefinite period until the new shared senior management team with South Northamptonshire is appointed.

 

Resolved

 

(1)               That Nigel Bell be appointed as the Council’s interim Monitoring Officer with effect from 1 April 2011

(2)               That this appointment continue until the Monitoring Officer role in the new shared senior management team is appointed and in post.

 

 

65.

Changes to Scheme of Delegation pdf icon PDF 51 KB

Report of Head of Legal and Democratic Services

 

Summary

 

The purpose of this report is to recommend changes to the Council’s Scheme of Delegation.

 

Recommendations

 

Council is recommended to agree:

 

(1)               That the delegated powers of the Head of Building Control and Engineering Services be amended to reflect changes in legislation and to agree combined delegated powers for the new shared team with South Northamptonshire.

(2)               That those powers held previously by the Head of Building Control and Engineering Services not related to Building Control be reallocated to the Head of Planning Policy and Economic Development and the Head of Housing Services as set out in the report.

(3)               That the power to act in emergencies be extended from Strategic Directors in the absence of the Chief Executive to all Heads of Service in the light of the reduced number of staff in the category and consequent risk that an authorised person is unavailable in an emergency.

 

Additional documents:

Minutes:

The Head of Legal and Democratic Services submitted a report to recommend changes to the Council’s Scheme of Delegation. In the course of discussion members requested that their appreciation for the work carried out  by Tony Brummell, Head of Building Control and Engineering Services be placed on record.

 

Resolved

 

(1)               That the delegated powers of the Head of Building Control and Engineering Services be amended to reflect changes in legislation and to agree combined delegated powers for the new shared team with South Northamptonshire with immediate effect.

(2)               That those powers held previously by the Head of Building Control and Engineering Services not related to Building Control be reallocated to the Head of Planning Policy and Economic Development and the Head of Housing Services as set out in the (annex 3 and 4 to the minutes as set out in the minute book).

(3)               That the power to act in emergencies be extended from Strategic Directors in the absence of the Chief Executive to all Heads of Service in the light of the reduced number of staff in the category and consequent risk that an authorised person is unavailable in an emergency.

 

 

66.

Changes to Committee Membership

Council is asked to agree the following request of the Liberal Democrat Group:

 

Committee

Substitutes

Delete

Add

Planning

Cllr Williamson

Cllr Emptage

 

 

Additional documents:

Minutes:

Resolved

 

That at the request of the Liberal Democrat Group it be agreed that Councillor Williamson be replaced by Councillor Emptage as substitute on the Planning Committee.