Agenda, decisions and minutes


Council
Monday 17 December 2018 6.30 pm

Venue: Bodicote House, Bodicote, Banbury, OX15 4AA

Contact: Natasha Clark, Democratic and Elections  Email: natasha.clark@cherwellandsouthnorthants.gov.uk, 01295 221589

Webcast: View the webcast

Items
No. Item

66.

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:

10. Purchase of The Mill Arts Centre.

Councillor Andrew McHugh, Declaration, as a trustee of The Mill and would leave the chamber for the duration of the meeting.

 

Councillor Mark Cherry, Declaration, as a trustee of The Mill and would leave the chamber for the duration of the meeting.

 

Councillor Tony Ilott, Declaration, as a trustee of The Mill and would leave the chamber for the duration of the meeting.

 

15. Land in Banbury - Proposed Acquisition.

Councillor Sean Woodcock, Declaration, as a family member was a tenant of part of the site but it was not part of the site being discussed.

 

67.

Communications pdf icon PDF 510 KB

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

 

Additional documents:

Minutes:

The Chairman made the following announcements:

 

Chairman’s Engagements

The Chairman advised that a copy of the events attended by himself or the Vice-Chairman was included in your agenda pack. The Chairman reported that he had raised £5200 to date for his Chairman’s charities.

 

Staff Choir Performance

That Chairman thanked the staff choir for their excellent performance of Christmas carols which had taken place prior to the Council meeting which has been very enjoyable and entertaining. The Chairman also thanked the Leader, Councillor Wood, for providing mince pies.

 

Post

The Chairman reminded Members to collect any post from pigeon holes.

 

68.

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.

 

69.

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.

70.

Minutes of Council pdf icon PDF 316 KB

To confirm as a correct record the Minutes of Council held on 30 October 2018.

Additional documents:

Minutes:

The minutes of the meeting held on 30 October 2018 were agreed as a correct record and signed by the Chairman.

71.

Minutes pdf icon PDF 1 MB

a)       Minutes of Executive, Lead Member Decisions and Executive Decisions not included in the 28 day notice

 

The Leader of the Council to formally propose that the minutes of the meetings of the Executive and Lead Member Decisions as set out in the Minute Book (circulated separately) be received and to report that since the last meeting of Council held on 30 October 2018, one decision had been taken which was not included in the 28 day notice relating to: Property Acquisition in Banbury.

 

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, Lead Member Decisions and Executive Decisions made under Special Urgency

 

Resolved

 

That the minutes of the meeting of the Executive and Lead Member decisions as set out in the Minute Book be received and that it be noted that since the last meeting of Council held on 30 October 2018, one decision had been taken which was not included in the 28 day notice relating to: Property Acquisition in Banbury.

 

b)             Minutes of Committees

 

Resolved

 

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

 

 

72.

Questions pdf icon PDF 107 KB

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

 

The Chairman advised Council that one written question had been submitted with advance notice in accordance with the Constitution.

 

The question was from Councillor Woodcock and addressed to the Leader of the Council, Councillor Wood, and was in relation to Modern Slavery requesting an update to the Motion he had submitted to July Council. A written answer had been tabled at the meeting (annex to the Minutes as set out in the Minute Book). Councillor Woodcock thanked Councillor Wood for the extensive response and confirmed he did not have a supplementary question.

 

b) Questions to the Leader of the Council

 

Questions were asked and answers received on the following issues:

 

Councillor Dhesi: Vermin at Canalside

Councillor Banfield: Air pollution and traffic congestion at Hennef Way         

Councillor Woodcock: Oxford to Cambridge Expressway

Councillor Mallon: Oxfordshire County Council Banbury Locality meeting and work on sliproads

Councillor Richards: Affordable house sales in Cherwell

 

c) Questions to Committee Chairmen on the Minutes

 

There were no questions to Committee Chairman on the minutes of meetings.

 

73.

Motions

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

 

Maternity and Paternity Leave for Parents to Premature Babies

This Council supports extending paternity and maternity leave for any of its staff whose babies have been born too soon.

 

Parents to premature babies are faced with financial, mental and physical stress and hardship, yet their maternity leave begins the day after the birth.

We believe that the added pressure of worrying about the length of maternity or paternity leave is not good for the wellbeing of employees.

 

This council therefore seeks to adopt a policy of providing one extra week of leave to employees for every week a premature baby spends in hospital before the due date.

 

Proposer: Councillor Sean Woodcock

Seconder: Councillor Hannah Banfield

 

 

Additional documents:

Decision:

Resolved

 

(1)          That the following motion, as amended, be adopted:

 

Maternity and Paternity Leave for Parents to Premature Babies

This Council supports extending paternity and maternity leave for any of its staff whose babies have been born too soon.

 

Parents to premature babies are faced with financial, mental and physical stress and hardship, yet their maternity leave begins the day after the birth.

We believe that the added pressure of worrying about the length of maternity or paternity leave is not good for the wellbeing of employees.

 

This council therefore seeks to adopt a policy of providing one extra week of leave to employees for every week a premature baby spends in hospital before the due date.

 

In addition to premature birth, there are other clinical crises that could befall council employees. Officers are to investigate extending this motion to allow Directors the discretion to deal with significant medical crises of a similar magnitude involving council employees, in a compassionate and caring manner and report back to Executive in due course.

 

 

 

Minutes:

a) Maternity and Paternity Leave for Parents to Premature Babies

 

It was moved by Councillor Woodcock, and seconded by Councillor Banfield, that the following motion be adopted:

 

“This Council supports extending paternity and maternity leave for any of its staff whose babies have been born too soon.

 

Parents to premature babies are faced with financial, mental and physical stress and hardship, yet their maternity leave begins the day after the birth.

 

We believe that the added pressure of worrying about the length of maternity or paternity leave is not good for the wellbeing of employees.

 

This council therefore seeks to adopt a policy of providing one extra week of leave to employees for every week a premature baby spends in hospital before the due date.”

 

Councillor McHugh proposed the following amendment to the motion, which was seconded by Councillor Wood:

 

Add the following text to the end of the motion: “In addition to premature birth, there are other clinical crises that could befall council employees. Officers are to investigate extending this motion to allow Directors the discretion to deal with significant medical crises of a similar magnitude involving council employees, in a compassionate and caring manner and report back to Executive in due course.”

 

Councillor Woodcock, as proposer to the motion, confirmed that he supported the amendment which was therefore added to the motion voted on by Council.

 

Resolved

 

(1)           That the following motion, as amended, be adopted:

 

Maternity and Paternity Leave for Parents to Premature Babies

This Council supports extending paternity and maternity leave for any of its staff whose babies have been born too soon.

 

Parents to premature babies are faced with financial, mental and physical stress and hardship, yet their maternity leave begins the day after the birth.

 

We believe that the added pressure of worrying about the length of maternity or paternity leave is not good for the wellbeing of employees.

 

This council therefore seeks to adopt a policy of providing one extra week of leave to employees for every week a premature baby spends in hospital before the due date.

 

In addition to premature birth, there are other clinical crises that could befall council employees. Officers are to investigate extending this motion to allow Directors the discretion to deal with significant medical crises of a similar magnitude involving council employees, in a compassionate and caring manner and report back to Executive in due course.

 

 

 

74.

Purchase of The Mill Arts Centre pdf icon PDF 146 KB

Report of Interim Executive Director: Finance and Governance

 

Purpose of report

 

To establish a budget in order to complete the transfer of The Mill Arts Centre from Oxfordshire County Council to Cherwell District Council following the Executive’s decision in July 2018 to negotiate the purchase of The Mill Arts centre building in Banbury.  It was also agreed that there would be an increase in revenue support to the Mill Arts Centre Trust in the short term to enable The Trust to meet its commitment following the cessation of the financial relationship with Oxfordshire County Council.

 

Following on from the purchase, there will be a need to carry out a full investment options appraisal on the site to report back to members on the scale and scope of potential investment in the Towns cultural facilities to create a sustainable venue for the Town.

 

This will be subject to further reports once we are able to work with the Trust on those options. An internal officer working group will be established to take this work forward.

 

Recommendations

            

The meeting is recommended:

 

1.1     To approve the expenditure of £1 to secure the transfer of The Mill Arts Centre from Oxfordshire County Council to Cherwell District Council in line with the Executive decision of July 2018.

 

1.2     To agree to the establishment of a revenue budget of £50,000 to cover costs of transition funding and arrangements in 2018/19 to be funded from general reserves.  Future funding will be considered when setting the budget and medium term financial plan in February 2019.

 

1.3     To note that immediate remedial works (expected early in 2019/20) in the region of     £250,000 may be required, with further phases of works due later in 2019/20 or the 2020/21 to ensure that the building is fit for purpose and will be subject to detailed capital proposals as part of the budget setting process and medium term financial plan for 2019/20 to 2023/24

 

1.4     To note that an officer working group will be established to establish the options and Business case for any further investment into the site to ensure that the Trust is financially more sustainable in the medium to long term

 

1.5      To note that the offer to acquire the asset is subject to a restrictive covenant from Oxfordshire County Council to ensure that at least 80% of the site is used for cultural purposes otherwise state aid applies.

 

1.6      To delegate the final agreement for the legal agreement to transfer the asset to the Monitoring officer for Cherwell District Council in consultation with the Interim Executive Director of Finance and Governance.

 

Additional documents:

Decision:

Resolved

 

(1)           That the expenditure of £1 to secure the transfer of The Mill Arts Centre from Oxfordshire County Council to Cherwell District Council in line with the Executive decision of July 2018 be approved.

 

(2)           That the establishment of a revenue budget of £50,000 to cover costs of transition funding and arrangements in 2018/19 to be funded from general reserves be agreed and it be noted future funding would be considered when setting the budget and medium term financial plan in February 2019.

 

(3)           That it be noted that immediate remedial works (expected early in 2019/20) in the region of £250,000 may be required, with further phases of works due later in 2019/20 or the 2020/21 to ensure that the building is fit for purpose and will be subject to detailed capital proposals as part of the budget setting process and medium term financial plan for 2019/20 to 2023/24.

 

(4)           That it be noted that an officer working group would be established to establish the options and Business case for any further investment into the site to ensure that the Trust is financially more sustainable in the medium to long term.

 

(5)           That it be noted that the offer to acquire the asset is subject to a restrictive covenant from Oxfordshire County Council to ensure that at least 80% of the site is used for cultural purposes otherwise state aid applies.

 

(6)           That the final agreement for the legal agreement to transfer the asset be delegated to the Monitoring officer for Cherwell District Council in consultation with the Interim Executive Director of Finance and Governance.

 

Minutes:

The Interim Executive Director: Finance and Governance submitted a report to establish a budget in order to complete the transfer of The Mill Arts Centre from Oxfordshire County Council to Cherwell District Council following the Executive’s decision in July 2018 to negotiate the purchase of The Mill Arts Centre building in Banbury. It was also agreed that there would be an increase in revenue support to the Mill Arts Centre Trust in the short term to enable The Trust to meet its commitment following the cessation of the financial relationship with Oxfordshire County Council.

 

Following on from the purchase, there would be a need to carry out a full investment options appraisal on the site to report back to Members on the scale and scope of potential investment in the Towns cultural facilities to create a sustainable venue for the Town. This would be subject to further reports once we are able to work with the Trust on those options. An internal officer working group would be established to take this work forward.

 

Resolved

 

(1)           That the expenditure of £1 to secure the transfer of The Mill Arts Centre from Oxfordshire County Council to Cherwell District Council in line with the Executive decision of July 2018 be approved.

 

(2)           That the establishment of a revenue budget of £50,000 to cover costs of transition funding and arrangements in 2018/19 to be funded from general reserves be agreed and it be noted future funding would be considered when setting the budget and medium term financial plan in February 2019.

 

(3)           That it be noted that immediate remedial works (expected early in 2019/20) in the region of £250,000 may be required, with further phases of works due later in 2019/20 or the 2020/21 to ensure that the building is fit for purpose and will be subject to detailed capital proposals as part of the budget setting process and medium term financial plan for 2019/20 to 2023/24.

 

(4)           That it be noted that an officer working group would be established to establish the options and Business case for any further investment into the site to ensure that the Trust is financially more sustainable in the medium to long term.

 

(5)           That it be noted that the offer to acquire the asset is subject to a restrictive covenant from Oxfordshire County Council to ensure that at least 80% of the site is used for cultural purposes otherwise state aid applies.

 

(6)           That the final agreement for the legal agreement to transfer the asset be delegated to the Monitoring officer for Cherwell District Council in consultation with the Interim Executive Director of Finance and Governance.

 

75.

Gambling Act 2005 - Review of Statement of Licensing Principles pdf icon PDF 177 KB

Report of Assistant Director Environmental Health and Licensing

 

Purpose of report

 

To consider a revised Statement of Licensing Principles as part of the Gambling Act 2005.

 

Recommendations

            

The meeting is recommended:

 

1.1      To approve and adopt the revised Cherwell District Council Statement of Licensing Principles.

 

Additional documents:

Decision:

Resolved

 

(1)          That the revised Cherwell District Council Statement of Licensing Principles (annex to the Minutes as set out in the Minute Book) be adopted.

Minutes:

The Assistant Director Environmental Health and Licensing submitted a report to consider a revised Statement of Licensing Principles as part of the Gambling Act 2005.

 

Resolved

 

(1)           That the revised Cherwell District Council Statement of Licensing Principles (annex to the Minutes as set out in the Minute Book) be adopted.

76.

Council Tax Reduction Scheme 2019-2020 and Council Tax Discounts 2019-2020 pdf icon PDF 153 KB

Report of Interim Executive Director: Finance and Governance

 

Purpose of report

 

To seek approval for a Council Tax Reduction Scheme for the year 2019-2020 on the recommendation of the Executive and Budget Planning Committee.

 

To provide members with an update of Council Tax discounts and seek approval for the  Council Tax discounts for the year 2019-20.

 

Recommendations

            

The meeting is recommended:

 

1.1      To approve a Council Tax Reduction Scheme (CTRS) for the year 1 April 2019 to 31 March 2020 as set out in the report and implement the scheme with effect from 1 April 2019.

 

1.2          To grant delegated authority to the Section 151 Officer to make further amendments to the CTRS Regulations up to and including 31 January 2019 in consultation with the Lead Member for Financial Management and Governance.

 

1.3          To review the proposed level of Council Tax discounts for 2019-2020 and to approve the following:

 

·       Retain the discount for second homes at zero

·       Retain the discount for empty homes (unoccupied and substantially unfurnished) at 25% for 6 months and thereafter at zero.

·       Retain the discount for empty homes undergoing major repair at 25% for 12 months and thereafter at zero.

·       Retain the empty homes premium of an additional 50% for properties that have remained empty for more than 2 years.

 

Additional documents:

Decision:

Resolved

 

(1)           That a Council Tax Reduction Scheme (CTRS) for the year 1 April 2019 to 31 March 2020 as set out in the annex to the Minutes (as set out in the Minute Book) be approved and implemented with effect from 1 April 2019.

 

(2)           That delegated authority be granted to the Section 151 Officer to make further amendments to the CTRS Regulations up to and including 31 January 2019 in consultation with the Lead Member for Financial Management and Governance.

 

(3)           That, having given due consideration, the following Council Tax discounts for 2019-2020 be approved:

 

·       Retain the discount for second homes at zero

·       Retain the discount for empty homes (unoccupied and substantially unfurnished) at 25% for 6 months and thereafter at zero.

·       Retain the discount for empty homes undergoing major repair at 25% for 12 months and thereafter at zero.

·       Retain the empty homes premium of an additional 100% for properties that have remained empty for more than 2 years.

Minutes:

The Interim Executive Director: Finance and Governance submitted a report to seek approval for a Council Tax Reduction Scheme for the year 2019-2020 on the recommendation of the Executive and Budget Planning Committee.

 

The report also provided members with an update of Council Tax discounts and sought approval for the Council Tax discounts for the year 2019-20.

 

In introducing the report, the Lead Member for Financial Management and Governance, Councillor Ilott, advised of an amendment to the recommendations in light of the late confirmation of new legislation members of the Budget Planning Committee had considered a report on 27 November 2018 and made a recommendation that as part of the Council Tax discounts for 2019-2020, there be an empty homes premium of an additional 100% for properties that have remained empty for more than 2 years be rather than the existing additional 50% premium.

 

Resolved

 

(1)           That a Council Tax Reduction Scheme (CTRS) for the year 1 April 2019 to 31 March 2020 as set out in the annex to the Minutes (as set out in the Minute Book) be approved and implemented with effect from 1 April 2019.

 

(2)           That delegated authority be granted to the Section 151 Officer to make further amendments to the CTRS Regulations up to and including 31 January 2019 in consultation with the Lead Member for Financial Management and Governance.

 

(3)           That, having given due consideration, the following Council Tax discounts for 2019-2020 be approved:

 

·       Retain the discount for second homes at zero

·       Retain the discount for empty homes (unoccupied and substantially unfurnished) at 25% for 6 months and thereafter at zero.

·       Retain the discount for empty homes undergoing major repair at 25% for 12 months and thereafter at zero.

·       Empty homes premium of an additional 100% for properties that have remained empty for more than 2 years.

77.

Calendar of Meetings 2019/2020 pdf icon PDF 233 KB

Report of Director: Law and Governance

 

Purpose of report

 

Council is asked to consider the calendars of meetings for the municipal year 2019/20.   

 

Recommendations

            

The meeting is recommended:

 

 1.1         To approve the calendar of meetings for Cherwell District Council (CDC) for the municipal year 2019/20 (Appendix 1).

Additional documents:

Decision:

Resolved

 

(1)           That the calendar of meetings for Cherwell District Council (CDC) for the municipal year 2019/20 (annex to the Minutes as set out in the Minute Book) be approved.

Minutes:

The Director: Law and Governance submitted a report for Council to consider the calendars of meetings for the municipal year 2019/20.   

 

Resolved

 

(1)           That the calendar of meetings for Cherwell District Council (CDC) for the municipal year 2019/20 (annex to the Minutes as set out in the Minute Book) be approved.

78.

Exclusion of the Press and Public

The following item contains exempt information as defined in the following paragraph of Part 1, Schedule 12A of Local Government Act 1972.

 

3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information).

 

Members are reminded that whilst the following item has been marked as exempt, it is for the meeting to decide whether or not to consider it 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 under Section 100A of the Local Government Act 1972, the public and press be excluded from the meeting for the following items of business on the ground that, if the public and press were present, it would be likely that exempt information falling under the provisions of Schedule 12A, Part 1, Paragraph 3 would be disclosed to them, and that in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.”

Additional documents:

Minutes:

Resolved

 

That under Section 100A of the Local Government Act 1972, the public and press be excluded from the meeting for the following items of business on the ground that, if the public and press were present, it would be likely that exempt information falling under the provisions of Schedule 12A, Part 1, Paragraph 3 would be disclosed to them, and that in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

79.

Land in Banbury - Proposed Acquisition

** Please note exempt appendices 4, 5 and 6 will follow **

 

Exempt report of Interim Executive Director Finance and Governance

Decision:

Resolved

 

(1)           That the acquisition of the premises shown on the plan on the exempt annex to the Minutes (as set out in the Minute Book), subject to contract, be approved.

 

(2)           As set out in the exempt decisions.

 

(3)           As set out in the exempt decisions.

 

(4)           That the Interim Executive Director of Finance and Governance be given delegated authority to negotiate and finalise the terms for the acquisition in consultation with the Lead Member for Financial Management and Governance, the Lead Member for Economy, Regeneration and Property and the Monitoring Officer.

 

Minutes:

The Interim Executive Director: Finance and Governance submitted an exempt report relating to the proposed acquisition of land in Banbury.

 

Resolved

 

(1)           That the acquisition of the premises shown on the plan on the exempt annex to the Minutes (as set out in the Minute Book), subject to contract, be approved.

 

(2)           As set out in the exempt minutes.

 

(3)           As set out in the exempt minutes.

 

(4)           That the Interim Executive Director of Finance and Governance be given delegated authority to negotiate and finalise the terms for the acquisition in consultation with the Lead Member for Financial Management and Governance, the Lead Member for Economy, Regeneration and Property and the Monitoring Officer.

 

80.

Questions on Exempt Minutes

Members of Council willask questions on exempt minutes, if any.

Additional documents:

Minutes:

There were no questions on exempt minutes.