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.

The Chairman noted the sad passing of former Councillor Mary Young who had been a councillor for Kidlington.

Members of the Councillor joined the Chairman in remembering former Councillor Young with one minute’s silence.

To confirm as a correct record the Minutes of Council held on 21 February 2011.

The minutes of the meeting held on 21 February 2011 were agreed as a correct record and signed by the Chairman.

Council is requested to elect a Chairman for the municipal year 2011/12.

The outgoing Chairman Councillor Parish presided for the consideration of this matter.

It was moved by Councillor Wood and seconded by Councillor Reynolds, that Councillor Hallchurch be elected as Chairman for 2011/12. There were no other nominations.

Resolved

That Councillor Hallchurch be elected Chairman of the Council for 2011/12.

(Councillor Hallchurch made his declaration of office and took the Chair).

Council is requested to elect a Vice-Chairman for the municipal year 2011/12.

It was moved by Councillor Wood and seconded by Councillor Reynolds, that Councillor Clarke be elected as Vice-Chairman for 2011/12. There were no other nominations.

Resolved

That Councillor Clarke be elected Vice-Chairman of the Council for 2011/12.

(Councillor Clarke made his declaration of office and took the Chair).

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

Outgoing Chairman

The Chairman of the Council presented Councillor Parish with his past Chairman’s badge as a token of the Council’s appreciation of his term of office.

Chairman’s Consort

The Chairman of the Council named Dr Jan Stokes-Carter as his consort for the year.

Chairman’s Charities

The Chairman named ABF – The Soldiers Charity, (previously the Army Benevolent Fund) and the Spires Cleft Centre as his charities for the year.

Report of Interim Chief Executive

Summary

To note the results of the 5 May 2011 district election, the constitution of Political Groups and the Leader of the Council and Executive for the Municipal Year 2011/12. To gain agreement to the suggested constitution of Committees for the Municipal year 2011/2012 and to advise Council of member attendances for the Municipal Year 2010/11.

Recommendations

(1)       To note the results of the District Elections held on 5 May 2011.

(2)       That the constitution of Political Groups and notification of Group Leaders be noted.

(3)       That the appointment of Deputy Leader of the Council, the membership of the Executive and the Executive Portfolios for 2011/12 (to follow) be noted.

(4)               That the allocation of seats on committees that are subject to the political balance requirements be agreed as set out in Table 1.

(5)               That the allocation of seats on committees not subject to political balance requirements be agreed as set out in Table 2.

(6)       To appoint members (and where appropriate, substitute members) to serve on each of the committees and other bodies set out in Tables 1 and 2 in accordance with the nominations to be made by political groups (to follow).

(7)       To appoint a representative to the County Council Health Overview and Scrutiny Committee.

(8)       That the committee meeting attendance for 2010/11 as set out at Appendix 2 be noted.

The Chief Executive reported that there were district elections in 16 seats and Councillors were returned as follows:

Ambrosden and Chesterton – Councillor Andrew Fulljames

Astons and Heyfords – Councillor Mike Kerford-Byrnes

Banbury Easington – Councillor Nigel Morris

Banbury Grimsbury and Castle – Andrew Beere

Banbury Hardwick - Councillor Nicholas Turner

Banbury Ruscote – Councillor Patrick Cartledge

Bicester East – Councillor Rose Stratford

Bicester North – Councillor Carol Steward

Bicester South – Councillor Lynn Pratt

Bicester Town – Councillor Diana Edwards

Bicester West – Councillor Les Sibley

Cropredy – Councillor Ken Atack

Hook Norton – Councillor Victoria Irvine

Kidlington North – Councillor Alaric Rose

Kidlington South – Councillor Neil Prestidge

Yarnton, Gosford and Water Eaton – Councillor Michael Gibbard

Constitution of Political Groups

The Chief Executive reported that the constitution of the Council and political groups was now 43 Conservatives, 4 Labour and 3 Liberal Democrats.

The Chief Executive reported that the Group Leaders were: Councillor Wood, Leader of the Conservative Group and Leader of the Council; Councillor Sibley Leader of the Labour Group and Leader of the Opposition and Councillor Emptage Leader of the Liberal Democrat Group.

Deputy Leader of Council and Allocation of Lead Member Responsibility

The Leader of the Council reported that he had reappointed Councillor Reynolds as Deputy Leader of the Council and allocated lead member responsibilities as follows:

Allocation of Seats to Proportional Committees

The Leader of the Liberal Democrat Group had indicated to the Interim Chief Executive that the seat to be nominated to the Conservative Group was on the Appeals Panel. The figures above marked by an asterisk take account of this adjustment.

Allocation of Seats to Non-Proportional Committees

Committee Membership

Accounts, Audit and Risk Committee

Membership

Substitutes

Any member of relevant political group

Appeals Panel

Membership  ...  view the full minutes text for item 7.

Report of Interim Head of Legal and Democratic Services

Summary

To consider the draft joint shared Chief Executive delegated powers and the separate Returning Officer powers and agree these should be adopted as part of the constitution. To agree delegated powers to the Monitoring Officer to make any consequential minor changes to the existing Scheme of Delegation following this change pending a complete review of the Schemes of Delegation of Cherwell and South Northamptonshire once the new joint shared senior management structure is agreed.

Recommendations

Council is recommended to:

(1)       Approve the joint shared Chief Executive delegated powers and the separate Returning Officer powers as attached at appendix one, and to confirm specifically that the Returning Officer powers should be set out in a separate table unattached to any specific position within either organisation

(2)       Adopt these powers with immediate effect and delegate to the  Monitoring Officer any interim amendments needed to the existing Scheme of Delegation pending a full review of the two schemes following the appointment of the shared senior management team between South Northamptonshire Council and Cherwell District Council.

The Interim Head of Legal and Democratic Services submitted a report which sought consideration of the draft joint shared Chief Executive delegated powers and the separate Returning Officer powers and agreement that these should be adopted as part of the constitution.

Resolved

(1)               That the joint shared Chief Executive delegated powers and the separate Returning Officer powers set out in the annex to these minutes (as set out in the minute book) be approved.

(2)               That it be confirmed that the Returning Officer powers should be set out in a separate table unattached to any specific position within either organisation.

(3)               That the powers be adopted with immediate effect and the Monitoring Officer be delegated to make any interim amendments needed to the existing Scheme of Delegation pending a full review of the two schemes following the appointment of the shared senior management team between South Northamptonshire Council and Cherwell District Council.

Report of Interim Head of Legal and Democratic Services

Summary

To consider, amend as necessary, and adopt a protocol which sets out the roles of officers and members and procedures for dealing with conflicts of interest arising out of the appointment of shared senior management posts serving both authorities         

Recommendations

The Joint Arrangements Steering Group has considered and recommends that Council:

(1)       Consider the attached protocol for dealing with the role of officers and members, and the proposed routes for dealing with possible conflicts of interest

(2)       Agree that the protocol be adopted as part of the constitution of Cherwell District Council with immediate effect

The Interim Head of Legal and Democratic Services submitted a report which sought consideration to amend, as necessary, and adopt a protocol which sets out the roles of officers and members and procedures for dealing with conflicts of interest arising out of the appointment of shared senior management posts serving both authorities       

Resolved

(1)       That the protocol, set out at the annex to the minutes (as set out in the minute book) for dealing with the role of officers and members, and the proposed routes for dealing with possible conflicts of interest be agreed

(2)       That the protocol be adopted as part of the constitution of Cherwell District Council with immediate effect

Report of Interim Head of Legal and Democratic Services

Summary

To appoint an Electoral Registration Officer and Returning Officer

Recommendations

Council is recommended:

(1)               That, in terms of the Representation of the People Act 1983 and all related legislation, and with effect from 1 June 2011,Sue Smith be appointed as Electoral Registration Officer for Cherwell District and South Northamptonshire Councils;

(2)               That, in terms of section 41 of the Local Government Act 1972 and all related legislation, and with effect from 1 June 2011, Sue Smith be appointed as Returning Officer for Cherwell District and South Northamptonshire Councils with authority to act in that capacity for elections to the Council and all parish and town councils within the area of both councils;

(3)               That the Electoral Registration Officer be also appointed or authorised to act in respect of all related electoral, poll or referendum duties, including in relation to County Council elections, elections to the European Parliament, and for national and regional polls or referendums;

(4)               That, in relation to the duties of Returning Officer or any other electoral, referendum or polling duties arising from such appointment, the Returning Officer shall be entitled to be remunerated in accordance with scale of fees approved from time to time by Council for local elections, or the relevant scale of fees prescribed by a Fees Order in respect of national, regional or European Parliament elections, polls or referendums;

(5)               That in all cases where it is a legal requirement or normal practice to do so, the Returning Officer may elect for such fees to be superannuable, and the Council shall pay the appropriate employer's contribution to the superannuation fund, recovering such employer's contributions from central government or other local authorities or agencies where this can be done;

(6)               That, in relation to the conduct of local authority elections and polls, and elections to the United Kingdom Parliament, and all other electoral duties where the Councils are entitled by law to do so, they shall take out and maintain in force insurance indemnifying the Councils, the Electoral Registration Officer and the Returning Officer against legal expenses reasonably incurred in connection with the defence of any proceedings brought against the Councils, Electoral Registration Officer or the Returning Officer and/or the cost of holding another election in the event of the original election being declared invalid (provided that such proceedings or invalidation are the result of the accidental contravention of  the Representation of the People Acts or other legislation governing the electoral process, (provided that, in the case of the Officer such proceedings or invalidation arise from an act or omission which the Electoral Registration Officer or Returning Officer reasonably believes is within the Officer’s powers); and

(7)               That, in the event of such insurance carrying an 'excess' clause by which an initial portion of risk is not insured, the Councils, through their internal insurance fund or otherwise, will indemnify the Electoral Registration Officer and Returning Officer up to the value of such excess.

(8)  ...  view the full agenda text for item 10.

The Interim Head of Legal and Democratic Services submitted a report on the appointment of an Electoral Registration Officer and Returning Officer. The Leader of the Council advised Members that a similar report had been submitted to the Council meeting of 20 April 2011 at South Northamptonshire Council.

Resolved

(1)               That, in terms of the Representation of the People Act 1983 and all related legislation, and with effect from 1 June 2011,Sue Smith be appointed as Electoral Registration Officer for Cherwell District and South Northamptonshire Councils.

(2)               That, in terms of section 41 of the Local Government Act 1972 and all related legislation, and with effect from 1 June 2011, Sue Smith be appointed as Returning Officer for Cherwell District and South Northamptonshire Councils with authority to act in that capacity for elections to the Council and all parish and town councils within the area of both councils.

(3)               That the Electoral Registration Officer also be appointed or authorised to act in respect of all related electoral, poll or referendum duties, including in relation to County Council elections, elections to the European Parliament, and for national and regional polls or referendums.

(4)               That, in relation to the duties of Returning Officer or any other electoral, referendum or polling duties arising from such appointment, the Returning Officer shall be entitled to be remunerated in accordance with scale of fees approved from time to time by Council for local elections, or the relevant scale of fees prescribed by a Fees Order in respect of national, regional or European Parliament elections, polls or referendums.

(5)               That in all cases where it is a legal requirement or normal practice to do so, the Returning Officer may elect for such fees to be superannuable, and the Council shall pay the appropriate employer's contribution to the superannuation fund, recovering such employer's contributions from central government or other local authorities or agencies where this can be done.

(6)               That, in relation to the conduct of local authority elections and polls, and elections to the United Kingdom Parliament, and all other electoral duties where the Councils are entitled by law to do so, the Council shall take out and maintain in force insurance indemnifying the Councils, the Electoral Registration Officer and the Returning Officer against legal expenses reasonably incurred in connection with the defence of any proceedings brought against the Councils, Electoral Registration Officer or the Returning Officer and/or the cost of holding another election in the event of the original election being declared invalid (provided that such proceedings or invalidation are the result of the accidental contravention of  the Representation of the People Acts or other legislation governing the electoral process, (provided that, in the case of the Officer such proceedings or invalidation arise from an act or omission which the Electoral Registration Officer or Returning Officer reasonably believes is within the Officer’s powers); and

(7)               That, in the event of such insurance carrying an 'excess' clause by which an initial portion of risk is not insured,  ...  view the full minutes text for item 10.

Report of Head of Finance

Summary

This report sets out the strategy and policy framework for treasury operations for 2011/12 and outlines the Treasury Management Practices for 2011/12.

It fulfils two key requirements of the Local Government Act 2003:-

• approval of the Treasury Management Policy in accordance with the CIPFA Code of Practice on Treasury Management, and

• approval of the Investment Strategy in accordance with the CLG investment guidance.

Recommendations

Council is recommended:

1)                 To approve the Treasury Management Policy and Investment Strategy 2011/12 as recommended by Executive on 7^th March 2011.

The Head of Finance submitted a report that set out the strategy and policy framework for treasury operations for 2011/12 and outlined the Treasury Management Practices for 2011/12.

Resolved

(1)               That the Treasury Management Policy and Investment Strategy 2011/12 as recommended by Executive on 7 March 2011 be approved.

Report of Head of Finance

Summary

The purpose of this paper is to present for approval to full Council, the Corporate Debt Recovery Policy. The policy (Appendix 1) sets out the council’s framework for providing a consistent ‘fair but firm’ approach to collecting debt ensuring that the council continues to maximise collection performance. The council at present has a record of collecting 99% of all Sundry Debt Income and 98%+ on collection fund debt.

Recommendations

Council is recommended to:

1)     Approve the content and format of the Corporate Debt Policy

(Appendix 1) as recommended by Executive on 4^th April 2011.

The Head of Finance submitted a report presenting the Corporate Debt Recovery Policy for approval. The policy set out the council’s framework for providing a consistent ‘fair but firm’ approach to collecting debt ensuring that the council continues to maximise collection performance. The council at present had a record of collecting 99% of all Sundry Debt Income and 98%+ on collection fund debt.

Resolved

(1)               That the content and format of the Corporate Debt Policy as set out as an annex to the minutes, (as set out in the minute book) as recommended by Executive on 4 April 2011 be approved.

Report of Interim Monitoring Officer

Summary

To confirm the appointment of Councillor John Coley as the new Parish Representative of the Standards Committee and to confirm that no substitute Parish Representatives be recruited at this time.

Recommendations

Council is recommended:

(1)               To approve the appointment of Councillor John Coley as Parish Representative of the Standards Committee for an initial two year term.

(2)               To approve the recommendation of the Standards Committee that in light of the proposals in the Localism Bill to abolish the standards regime, no deputy Parish Representatives be recruited at this stage.

The Interim Monitoring Officer submitted a report which sought confirmation of the appointment of Councillor John Coley as the new Parish Representative of the Standards Committee and to confirm that no substitute Parish Representatives be recruited at this time.

Resolved

(1)               That the appointment of Councillor John Coley as Parish Representative of the Standards Committee for an initial two year term be approved.

(2)               That the recommendation of the Standards Committee, that in light of the proposals in the Localism Bill to abolish the standards regime, no deputy Parish Representatives be recruited at this stage, be agreed.

Report of Interim Monitoring Officer

Summary

The report presents the Standards Committee Annual Report 2010/11, which was approved by the Standards Committee on 21 March 2011. The report also advises Council of the recommendations agreed by the Standards Committee on the approach Cherwell District Council should take in the light of the proposals in the Localism Bill relating to the Standards Board regime.

Recommendations

Council is recommended:

(1)               To note the contents of the Standards Committee Annual Report 2010/11.

(2)               To delegate to the Team Leader – Planning and Litigation / Interim Monitoring Officer authority to update the Standards Committee Annual Report 2010/11 in light of any further announcements about the Standards Board regime by the Government prior to the publication of the Annual Report.

(3)               To note the recommendations agreed by the Standards Committee on the approach Cherwell District Council should take in light of the proposals in the Localism Bill relating to the Standards Board regime, namely that the Standards Committee be abolished and responsibilities transferred to the Accounts Audit and Risk Committee, that a voluntary code of conduct be adopted and limited support continue to be given to the parish councils.

The Interim Monitoring Officer submitted a report that presented the Standards Committee Annual Report 2010/11, which was approved by the Standards Committee on 21 March 2011. The report also advised Council of the recommendations agreed by the Standards Committee on the approach Cherwell District Council should take in the light of the proposals in the Localism Bill relating to the Standards Board regime.

Resolved

(1)               That the contents of the Standards Committee Annual Report 2010/11 be noted.

(2)               That the Interim Monitoring Officer be delegated to update the Standards Committee Annual Report 2010/11 in light of any further announcements about the Standards Board regime by the Government prior to the publication of the Annual Report.

(3)               That the recommendations agreed by the Standards Committee on the approach Cherwell District Council should take in light of the proposals in the Localism Bill relating to the Standards Board regime, namely that the Standards Committee be abolished and responsibilities transferred to the Accounts Audit and Risk Committee, that a voluntary code of conduct be adopted and limited support continue to be given to the parish councils be noted.