Agenda, decisions and minutes

12. Bespoke / Custom Build Mortgage Bridging Loan Fund.

Councillor Ian Corkin, Declaration, as a Non Executive Director on Graven Hill Village Development Company Limited and would leave the meeting for the duration of the item.

20. Acquisition of Castle Quay.

Councillor Surinder Dhesi, Conflict of Interest, as an employee of Marks and Spencer and would participate in the debate but abstain from voting of the item.

Chief Executive

The Chairman advised Council that the Chief Executive was unable to attend the meeting evening as her father had sadly passed away at the weekend. The Chairman and all Members extended their condolences to the Chief Executive and her family at this sad time.

Honorary Alderman Fred Blackwell

The Chairman advised Members that Honorary Alderman Fred Blackwell had passed away on 13 December 2017. Honorary Alderman Blackwell had been a councillor for Cherwell and its predecessor authority, Banbury Borough Council, for 45 years, standing down in 2016.

Honorary Alderman Blackwell served as Cherwell’s chairman for two years from 1981 to 1983 and the title of Honorary Alderman was conferred on him on 18 July 2016 in recognition of his decades of dedication to the district.

Members paid tribute to Honorary Alderman Blackwell sharing personal anecdotes and memories.

Council observed a period of silence in memory of Honorary Alderman Blackwell.

Chairman’s Dinner

The Chairman advised that his Charity Dinner on Saturday 10 March at Exeter Hall, Kidlington was now sold out and there was a waiting list. The Chairman advised that donations could be made and thanked Members who were unable to attend and had already made a donation explaining that all proceeds would go to the charities I was supporting as Chairman. 

Chairman’s Engagements

A list of engagements attended by the Chairman or Vice-Chairman since the last meeting of Council was published as part of the agenda.

Post

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

Festive Greetings

The Chairman wished a Merry Christmas and Happy New Year to all Members and Officers.

To confirm as a correct record the Minutes of Council held on 16 October 2017.

The minutes of the meeting held on 16 October 2017 were agreed as a correct record and signed by the Chairman, subject to the following amendments:

Attendance: Change Councillor David Hughes from “Apologies for Absence” to “Present as Expected”

Minute 46: Motions

Amend and replace the following words of the first paragraph under the following motion:

b)        Condition of BT Phones Boxes in the District

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

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 16 October 2017 one decision has been taken which were not included in the 28 day notice relating to: Retail Unit A4, Block A Pioneer Square, Bicester.

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.

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 on 16 October 2017 one decision had been taken which were not included in the 28 day notice relating to: Retail Unit A4, Block A Pioneer Square, Bicester.

b)           Minutes of Committees

Resolved

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

The Police and Crime Commissioner for Thames Valley, Anthony Stansfeld, the Chief Constable of Thames Valley Police, Francis Habgood, and the Cherwell Local Area Commander Superintendent, Emma Garside, will be invited to address Council.

Members have been asked to submit question in advance to which responses will be given. If time permits, there will be an opportunity for Members to ask any further questions.

The Chairman welcomed the Police and Crime Commissioner for Thames Valley, Anthony Stansfeld, the Chief Constable of Thames Valley Police, Francis Habgood, and the Cherwell Local Area Deputy Commander Chief Inspector Emma Garside, to the meeting.

The Police and Crime Commissioner and Chief Constable Habgood addressed the meeting regarding policing in Thames Valley. A number of Members asked questions and answers were duly provided.

The Chairman thanked the Police and Crime Commissioner, the Chief Constable and Chief Inspector Garside.

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.

            At the time of agenda publication, one written question had been received, from Councillor Barry Richards to the Leader of the Council, Councillor Barry Wood.

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

The Chairman advised Council that one written question had been submitted with advance notice in accordance with the Constitution. The question was from Councillor Richards and addressed to the Leader of the Council, Councillor Wood, and was in relation to the council’s housing waiting list. A written answer had been tabled at the meeting (annex to the Minutes as set out in the Minute Book).

Councillor Richards asked a supplementary question to which an answer was duly given.

b) Questions to the Leader of the Council

Questions were asked and answers received on the following issues:

Councillor Ilott: Provision of a “changing place” facility in Banbury, Bicester and Kidlington

Councillor Beere: Business Rates Retention Scheme           

Councillor Cherry: Former Lincoln House Care Home

Councillor Dhesi: Vehicles parked illegally on double yellow lines in Banbury

Councillor Dhesi: Council owned car parks not being gritted during the recent snow

c) Questions to Committee Chairmen on the Minutes

The following question was asked to Committee Chairmen on the minutes of meetings:

Councillor Reynolds to the Chairman of the Overview and Scrutiny Committee in relation to Minute 32 of the 10 October 2017 meeting: Reference to the survey for parishes on mobile phone signals and ensuring county councillors are kept up to date. In the absence of the Overview and Scrutiny Committee, Councillor Wood responded to the question.

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

Social Media

We as elected members of this council deplore the use of social media to denigrate members of the public and elected members at all levels of public life.

In the words of the Prime Minister:

“All of us should have due care and attention to the way we refer to other people and should show those within public life the respect they deserve.”

And in the words of the Leader of Her Majesty’s opposition:

“So I say to all activists, cut the personal abuse, cut the cyber bullying online.”

We therefore pledge that as elected members and representatives of our political parties we will:

·         not ourselves misuse social media;

·         seek out and stop any personal attacks by our own political parties, the elected members of our parties, paid up members and activists of our political parties; and

·         show due respect to the people we represent and to our elected colleagues.

Proposer: Councillor Kieron Mallon

Resolved

That the following motion be adopted:

We pledge that as elected members and representatives of our political parties we will:

·         not ourselves misuse social media;

·         seek out and stop any personal attacks by our own political parties, the elected members of our parties, paid up members and activists of our political parties; and

·         show due respect to the people we represent and to our elected colleagues.

Social Media

It was moved by Councillor Mallon and seconded by Councillor Cotter that the following motion be adopted:

“We as elected members of this council deplore the use of social media to denigrate members of the public and elected members at all levels of public life.

In the words of the Prime Minister:

“All of us should have due care and attention to the way we refer to other people and should show those within public life the respect they deserve.”

And in the words of the Leader of Her Majesty’s opposition:

“So I say to all activists, cut the personal abuse, cut the cyber bullying online.”

We therefore pledge that as elected members and representatives of our political parties we will:

·         not ourselves misuse social media;

·         seek out and stop any personal attacks by our own political parties, the elected members of our parties, paid up members and activists of our political parties; and

·         show due respect to the people we represent and to our elected colleagues.”

Resolved

That the following motion be adopted:

We pledge that as elected members and representatives of our political parties we will:

·         not ourselves misuse social media;

·         seek out and stop any personal attacks by our own political parties, the elected members of our parties, paid up members and activists of our political parties; and

·         show due respect to the people we represent and to our elected colleagues.

Report of Chief Finance Officer

Purpose of report

To provide members with an update on the consultation process that has taken place on the proposals for a Council Tax Reduction Scheme for 2018-2019 and to seek approval for a Council Tax Reduction Scheme for the year 2018-2019 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 2018-19.

Recommendations

The meeting is recommended:

1.1       To approve a Council Tax Reduction Scheme (CTRS) for the year 1 April 2018 to 31 March 2019 as set out in the report and implement the scheme with effect from 1 April 2018.

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 2018 in consultation with the Lead Member for Financial Management.

1.3         To review the proposed level of Council Tax discounts for 2018-2019 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.

Resolved

(1)          That the Council Tax Reduction Scheme (CTRS) for the year 1 April 2018 to 31 March 2019 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 2018.

(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 2018 in consultation with the Lead Member for Financial Management.

(3)          That, having given due consideration, the following level of Council Tax discounts for 2018-2019 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 50% for properties that have remained empty for more than 2 years.

The Chief Finance Officer submitted a report to provide members with an update on the consultation process that had taken place on the proposals for a Council Tax Reduction Scheme for 2018-2019 and to seek approval for a Council Tax Reduction Scheme for the year 2018-2019 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 2018-19.

Resolved

(1)          That the Council Tax Reduction Scheme (CTRS) for the year 1 April 2018 to 31 March 2019 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 2018.

(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 2018 in consultation with the Lead Member for Financial Management.

(3)          That, having given due consideration, the following level of Council Tax discounts for 2018-2019 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 50% for properties that have remained empty for more than 2 years.

Report of Chief Finance Officer

Purpose of report

To consider the creation of a capital budget for a pilot scheme of 10 bridging loans available to self-builders qualifying for mortgages under the Arlingclose Bespoke/Custom Build Mortgage scheme which will be considered by Executive in January 2018.

Recommendations

The meeting is recommended:

1.1         To approve the creation of a capital budget of up to £2,500,000 to be made available in the event that Executive agree the business case for the pilot scheme in January 2018.

1.2         To delegate authority to the Chief Finance Officer to approve the final amount of each individual loan within the pilot scheme and the form of the loan agreements to facilitate those loans.

Resolved

(1)          That the creation of a capital budget of up to £2,500,000 to be made available in the event that Executive agree the business case for the pilot scheme in January 2018 be approved.

(2)          That authority be delegated to the Chief Finance Officer to approve the final amount of each individual loan within the pilot scheme and the form of the loan agreements to facilitate those loans.

The Chief Finance Officer submitted a report to consider the creation of a capital budget for a pilot scheme of 10 bridging loans available to self-builders qualifying for mortgages under the Arlingclose Bespoke/Custom Build Mortgage scheme which will be considered by Executive in January 2018.

Resolved

(1)          That the creation of a capital budget of up to £2,500,000 to be made available in the event that Executive agree the business case for the pilot scheme in January 2018 be approved.

(2)          That authority be delegated to the Chief Finance Officer to approve the final amount of each individual loan within the pilot scheme and the form of the loan agreements to facilitate those loans.

Report of Interim Assistant Director Transformational Governance / Monitoring Officer

Purpose of report

To amend the terms of reference of the Joint Commissioning Committee (JCC), to delegate authority to the Monitoring Officer to reassign to the officer scheme of delegation  in light of the newly agreed senior management structure and to agree the proposed approach to review constitutional and governance arrangements.

Recommendations

The meeting is recommended to:

 1.1        Agree to amend the terms of reference of the Joint Commissioning Committee to include the determination of terms and conditions and the determination of HR policies, the creation of new posts where there is an increase to the establishment and no budget and the restructuring of teams involving more than five posts for all staff employed by Cherwell District and South Northamptonshire Councils.

1.2      Delegate authority to the Monitoring Officer, in consultation with the Chief Executive, to reassign the officer scheme of delegation in accordance with the new senior management structure as agreed by JCC; to add the proposed delegations as set out at 3.11and to amend the constitution accordingly.

1.3      Request officers to carry out a review of constitutional and governance arrangements for discussion and consideration by group leaders.

Resolved

(1)          That agreement be given to amend the terms of reference of the Joint Commissioning Committee to include the determination of terms and conditions and the determination of HR policies, the creation of new posts where there is an increase to the establishment and no budget and the restructuring of teams involving more than ten posts for all staff employed by Cherwell District and South Northamptonshire Councils.

(2)          That authority be delegated to the Monitoring Officer, in consultation with the Chief Executive, to reassign the officer scheme of delegation in accordance with the new senior management structure as agreed by the Joint Commissioning Committee to add the proposed delegations relating to Primary Authority status, restructures of ten posts or less and updates to the spatial planning delegations and to amend the constitution accordingly.

(3)          That officers be requested to carry out a review of constitutional and governance arrangements for discussion and consideration by group leaders.

The Assistant Director Transformational Governance / Monitoring Officer submitted a report to amend the terms of reference of the Joint Commissioning Committee (JCC), to delegate authority to the Monitoring Officer to reassign to the officer scheme of delegation in light of the newly agreed senior management structure and to agree the proposed approach to review constitutional and governance arrangements.

Resolved

(1)          That agreement be given to amend the terms of reference of the Joint Commissioning Committee to include the determination of terms and conditions and the determination of HR policies, the creation of new posts where there is an increase to the establishment and no budget and the restructuring of teams involving more than ten posts for all staff employed by Cherwell District and South Northamptonshire Councils.

(2)          That authority be delegated to the Monitoring Officer, in consultation with the Chief Executive, to reassign the officer scheme of delegation in accordance with the new senior management structure as agreed by the Joint Commissioning Committee to add the proposed delegations relating to Primary Authority status, restructures of ten posts or less and updates to the spatial planning delegations and to amend the constitution accordingly.

(3)          That officers be requested to carry out a review of constitutional and governance arrangements for discussion and consideration by group leaders.

Report of Chief Executive

Purpose of report

To agree to carry out a Community Governance Review (CGR) as soon as practical to consult on the principle of including the development of Graven Hill within the boundaries of Bicester Town Council.

Recommendations

The meeting is recommended:

 1.1        To agree to hold a Community Governance Review as soon as practical to consult on the principle of including the development site of Graven Hill within the boundary of Bicester Town Council.

Resolved

(1)          That agreement be given to hold a Community Governance Review as soon as practical to consult on the principle of including the development site of Graven Hill within the boundary of Bicester Town Council.

The Chief Executive submitted a report to agree to carry out a Community Governance Review (CGR) as soon as practical to consult on the principle of including the development of Graven Hill within the boundaries of Bicester Town Council.

Resolved

(1)          That agreement be given to hold a Community Governance Review as soon as practical to consult on the principle of including the development site of Graven Hill within the boundary of Bicester Town Council.

Report of Assistant Director – Transformational Governance

Purpose of report

Council is asked to consider the calendars of meetings for the municipal year 2018/19.   

Recommendations

The meeting is recommended:

 1.1        To approve the calendar of meetings for Cherwell District Council (CDC) for the municipal year 2018/19 (Appendix 1).

1.2      To approve the joint committees calendar of meetings for the municipal year 2018/19 (Appendix 2), subject to similar agreement by South Northamptonshire Council.

Resolved

(1)          That the calendar of meetings for Cherwell District Council (CDC) for the municipal year 2018/19 (annex to the Minutes as set out in the Minute Book) be approved.

(2)          That the joint committees calendar of meetings for the municipal year 2018/19 (annex to the Minutes as set out in the Minute Book) be approved, subject to similar agreement by South Northamptonshire Council.

The Assistant Director – Transformational Governance submitted a report for Council to consider the calendars of meetings for the municipal year 2018/19.

Resolved

(1)          That the calendar of meetings for Cherwell District Council (CDC) for the municipal year 2018/19 (annex to the Minutes as set out in the Minute Book) be approved.

(2)          That the joint committees calendar of meetings for the municipal year 2018/19 (annex to the Minutes as set out in the Minute Book) be approved, subject to similar agreement by South Northamptonshire Council.

Report of Assistant Director – Transformational Governance and Monitoring Officer

Purpose of report

To provide council with the Local Government Ombudsman’s annual report on Cherwell District Council for the financial year 2016/17.

Recommendations

The meeting is recommended:

 1.1        To note the report

The Assistant Director – Transformational Governance and Monitoring Officer submitted a report to provide council with the Local Government Ombudsman’s annual report on Cherwell District Council for the financial year 2016/17.

Resolved

(1)          That the report be noted.

The following reports contain exempt information as defined in the following paragraphs 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 items have been marked as exempt, it is for the meeting to decide whether or not to consider 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 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.”

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.

There were no questions on exempt minutes.

Exempt report of Chief Finance Officer

Resolved

(1)          As set out in the exempt decisions.

The Chief Finance Officer submitted an exempt report relating to Retail Unit A4, Block A Pioneer Square, Bicester.

Resolved

(1)          As set out in the exempt minutes.

** Please note this report will follow as professional due diligence is being reviewed and finalised **

Exempt report of Chief Finance Officer

Resolved

(1)          As set out in the exempt decisions.

(2)          As set out in the exempt decisions.

(3)          As set out in the exempt decisions.

(4)          As set out in the exempt decisions.

(5)          As set out in the exempt decisions.

(6)          As set out in the exempt decisions.

(7)          As set out in the exempt decisions.

The Chief Finance Officer submitted an exempt report relating to the acquisition of Castle Quay.

Resolved

(1)          As set out in the exempt minutes.

(2)          As set out in the exempt minutes.

(3)          As set out in the exempt minutes.

(4)          As set out in the exempt minutes.

(5)          As set out in the exempt minutes.

(6)          As set out in the exempt minutes.

(7)          As set out in the exempt minutes.