Agenda and minutes


Annual Council 2018/2019, Council - Tuesday 15 May 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

Media

Items
No. Item

1.

Welcome

Additional documents:

Minutes:

The Chairman welcomed all Members and guests to the meeting.

 

The Chairman welcomed Councillors Cassi Perry, Phil Chapman, Tony Mepham and Lucinda Wing to the Council and congratulated them and all other councillors who were returned at the recent election. The newly elected councillors each introduced themselves to Council.

2.

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:

There were no declarations of interest.

3.

Communications pdf icon PDF 416 KB

To receive communications from the Chairman of the Council.

 

Additional documents:

Minutes:

Former Councillor Jolanta Lis

The Chairman referred to the sad news that former Councillor and Vice-Chairman had passed away suddenly the previous month.

 

Jolanta was elected to Cherwell District Council in May 2016 representing the Bicester West ward and was already a Bicester Town Councillor representing the Central Ward.

 

Jolanta served on the Overview & Scrutiny Committee and was Vice-Chairman of the Committee in last year. She was also on Personnel, Standards and served as a substitute on Planning Committee and the Joint Commissioning Committee.

 

The Chairman commented that most importantly for him, Jolanta was Vice-Chairman of the Council and had been a great support to him since May 2017.

 

The Group Leaders, Councillor Wood, Councillor Woodcock and Councillor Sibley, and other Members paid tribute to former Councillor Lis sharing personal anecdotes and memories.

 

Council observed a period of silence in memory of former Councillor Jolanta Lis.

 

Former Councillors

On behalf of all Members, the Chairman extended the council’s gratitude for their service to the council, their wards and the district, to those councillors who stood down or who were not re-elected at the district elections held on 3 May 2018.

 

Annual Council

On behalf of the Chairman, the Chief Executive advised Members that by convention the minutes of Committees, questions, petitions and motions were not taken at Annual Council and these would be considered at the next meeting.

 

Chairman’s Engagements

A copy of the events attended by the Chairman or the Vice-Chairman had been included in the published agenda pack.

 

Related Party Transactions

The Chief Executive explained that some councillors had a form on their desk. All Members were required to complete the related part transactions form, even if the response was “None”. Members were asked to complete the form and put in the tray with the yellow label at the entrance to the chamber.

 

Post

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

 

Refreshments

The Chairman invited Members and guests to join him in the reception area after the meeting for some light refreshments

 

4.

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.

5.

Minutes of Council pdf icon PDF 441 KB

To confirm as a correct record the Minutes of Council held on 26 February 2018.

Additional documents:

Minutes:

The minutes of the meeting held on 26 February 2018 were agreed as a correct record and signed by the Chairman.

6.

Election of Chairman for the Municipal Year 2018/2019

Any other items which the Chairman has decided is urgent.

Additional documents:

Minutes:

(The Governance and Elections Manager presided for the consideration of this matter)

 

It was moved by Councillor Wood and seconded by Councillor Reynolds, that Councillor Maurice Billington be re-elected as Chairman for the municipal year 2018/2019. There were no other nominations.

 

In proposing Councillor Billington for a second term of office, Councillor Wood explained that as was customary, as the Vice-Chairman in 2017/18 former Councillor Lis would have been nominated to take on the role of chairman for the forthcoming municipal year, however following her sad and unexpected death, Councillor Billington had agreed to serve a second term as Chairman.

 

Resolved

 

(1)          That Councillor Maurice Billington be appointed Chairman of Cherwell District Council for the Municipal Year 2018/2019.

 

7.

Investiture of Chairman

Additional documents:

Minutes:

Councillor Maurice Billington, having made and signed the required Declaration of Acceptance of Office re-took the Chair.

 

8.

Vote of Thanks to the Immediate Past Chairman

Additional documents:

Minutes:

Councillor Wood and Councillor Woodcock paid tribute to Councillor Billington and thanked him for the dedication he had shown representing the Council, the services he had rendered to the District and the amiable and fair way he had presided over the deliberations of Council during the previous year and wished him all the best for the forthcoming municipal year as Chairman.

 

The Chief Executive presented Councillor Billington with a gift and memento to commemorate and thank him for his service as Chairman over the previous municipal year.

 

9.

Past Chairman's Response

Additional documents:

Minutes:

The Chairman addressed Council to report on his previous year in office and also his forthcoming term as Chairman of Council.

 

Reporting on his past year in office, the Chairman explained he had attended numerous and varied functions and hosted a series of events including his chairman’s dinner and raffles to raise £15,600, which was boosted to £19,000 with pledges of match funding. The Chairman presented cheques to representatives of Girl Guiding Kidlington, The Salvation Army, Kidlington District Information Centre, Daybreak Oxford and Cherwell Counselling.

 

Councillor Billington paid particular thanks to his consort for the year, Councillor Chris Heath, and Liz Matthews, the Chairman’s PA and presented them with a token of his appreciation. Councillor Billington advised Council that Councillor Heath would continue as his consort during the forthcoming year.

 

Councillor Billington explained that he intended to make Councillor Lis proud during his second year as chairman and named Kidlington Youth Football, Garden City Football Club, Evans Lane FC and the St John’s Hall Children’s Centre in Kidlington as his charities for the next 12 months.

10.

Election of Vice-Chairman for the Municipal Year 2018/2019

The following report(s) contain exempt information as defined in the following paragraph(s) 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(s) have been marked as exempt, it is for the meeting to decide whether or not to consider each of 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, in accordance with Section 100A(4) of Local Government Act 1972, the press and public be excluded form the meeting for the following item(s) of business, on the grounds that they could involve the likely disclosure of exempt information as defined in paragraph(s) 2 of Schedule 12A of that Act.”

 

 

Additional documents:

Minutes:

It was moved by Councillor Wood and seconded by Councillor Reynolds, that Councillor David Hughes be elected as Vice-Chairman for the Municipal Year 2018/2019. There were no other nominations.

 

Resolved

 

(1)          That Councillor David Hughes be elected Vice-Chairman of the Council for the municipal year 2018/2019.

 

11.

Investiture of Vice-Chairman

Members are asked to declare any interest and the nature of that interest that they may have in any of the items under consideration at this meeting.

Additional documents:

Minutes:

Councillor David Hughes, having made and signed the required Declaration of Acceptance of Office was invested with the Vice-Chairman’s Chain.

12.

Annual Business Report pdf icon PDF 198 KB

** Please note that the proportionality calculations will be published as an addendum to this report. The appendices to this report will follow to enable Political Groups to give consideration to appointments **

 

Report of Chief Executive

 

Purpose of report

 

To note the results of the 3 May 2018 district elections, the constitution of Political Groups, appoint the Leader of the Council, note the appointment of the Deputy Leader and Executive for the Municipal Year 2018/19 and consider and agree the suggested constitution of Committees for the Municipal year 2018/2019.

 

Recommendations

 

The meeting is recommended:

 

 1.1        To note the results of the District elections held on 3 May 2018.

 

1.2         To note the constitution of Political Groups and notification of Group Leaders.

 

1.3         To appoint a Leader of the Council.

 

1.4         To note the appointment of Deputy Leader of the Council, the membership of the Executive and the Executive Portfolios for 2018/19.

 

1.5         To agree the allocation of seats on committees that are subject to the political balance requirements as set out in Table 1 (addendum to report to follow).

 

1.6         To agree the allocation of seats on committees not subject to political balance requirements as set out in Table 2 (addendum to report to follow).

 

1.7         To agree that the Constitution be amended to remove the requirement for named substitutes for Licensing Committee and the Assistant Director Law and Governance be requested to amend the Constitution accordingly.

 

1.8         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 (Appendix 2 - to follow).

 

1.9         To appoint a representative to the Oxfordshire County Council Health Overview and Scrutiny Committee.

 

1.10      To appoint a representative to the Police and Crime Commissioner Scrutiny Panel.

 

Additional documents:

Minutes:

The Chief Executive submitted a report for Council to note the results of the 3 May 2018 district elections, the constitution of Political Groups, appoint the Leader of the Council, note the appointment of the Deputy Leader and Executive for the Municipal Year 2018/2019 and consider and agree the suggested constitution of Committees for the Municipal year 2018/2019.

 

Resolved

 

(1)          That the results of the District elections held on 3 May 2018 be noted:

 

Ward

Elected

Adderbury, Bloxham and Bodicote

Councillor Andrew McHugh

Banbury Calthorpe and Easington

Councillor Tony Mepham

Banbury Cross and Neithrop

Councillor Cassi Perry

Banbury Grimsbury and Hightown

Councillor Shaida Hussain

Banbury Hardwick

Councillor Tony Ilott

Banbury Ruscote

Councillor Barry Richards

Bicester East

Councillor Tom Wallis

Bicester North and Caversfield

Councillor Nick Mawer

Bicester South and Ambrosden

Councillor Lucinda Wing

Bicester West

Election postponed until 21 June 2018

Cropredy, Sibfords and Wroxton

Councillor Phil Chapman – elected for a 4 year term

Councillor Douglas Webb – elected for a 1 year term

Deddington

Councillor Mike Kerford-Byrnes

Fringford and Heyfords

Councillor Barry Wood

Kidlington East

Councillor Carmen Griffiths

Kidlington West

Councillor Alaric Rose

Launton and Otmoor

Councillor David Hughes

 

(2)          That the constitution of Political Groups (36 Conservative, 9 Labour, Independent Group comprising 1 Independent and 1 Liberal Democrat councillors, and 1 vacancy) and and notification of Group Leaders: Councillor Barry Wood, Leader of the Conservative Group and Leader of the Council, Councillor Sean Woodcock, Leader of the Labour Group and Leader of the Opposition and Councillor Les Sibley, Leader of the Independent Group, be noted.

 

(3)          That Councillor Barry Wood be appointed Leader of the Council.

 

(4)          That the appointment of the Deputy Leader of the Council, the membership of the Executive and the Executive Portfolios for 2018/2019 be noted:

 

Lead Member Portfolio

Councillor

Leader of the Council

Councillor Barry Wood

Deputy Leader of the Council and Lead Member for Leisure and Sport

Councillor George Reynolds

Lead Member for Planning

Councillor Colin Clarke

Lead Member for Customers and Transformation

Councillor Ian Corkin

Lead Member for Housing

Councillor John Donaldson

Lead Member for Financial Management and Governance

Councillor Tony Ilott

Lead Member for Health and Wellbeing

Councillor Andrew McHugh

Lead Member for Performance

Councillor Richard Mould

Lead Member for Clean and Green

Councillor Debbie Pickford

Lead Member for Economy, Regeneration and Property

Councillor Lynn Pratt

 

 

(5)          That the allocation of seats on committees subject to the political balance requirements be agreed:

 

Political Balance

TOTAL

CON

LAB

IND

Vacant

Accounts, Audit & Risk Committee

8

6

2

0

0

Appeals Panel

10

7 (-1)

2

0

1 (+1)

Budget Planning Committee

12

9

2

1

0

Joint Appeals Committee

3

2

1

0

0

Joint Commissioning Committee

6

5

1

0

0

Joint Scrutiny Committee

5

4

1

0

0

Licensing Committee

12

9

2

1

0

Overview & Scrutiny

12

9

2

1

0

Personnel Committee

12

9

2

0 (-1)

1 (+1)

Planning Committee

18

14

3

1

0

Standards Committee

8

6

2

0

0

Proportional  ...  view the full minutes text for item 12.

13.

Notification of Decision Taken Under Urgency Powers: Appointment of Section 151 Officer pdf icon PDF 123 KB

Report of Chief Executive

 

Purpose of report

 

To inform the Council of a decision taken under urgency powers by the Chief Executive in relation to the appointment of a Section 151 Officer .

 

Recommendations

            

The meeting is recommended:

 

 1.1        To note the decision taken under urgency powers by the Chief Executive in consultation with the Chairman of the Council in relation to the appointment of Adele Taylor as interim Section 151 Officer with effect from 13 April 2018 and request that she appoint a suitably qualified and experienced Deputy Section 151 Officer from the same date.

 

Additional documents:

Minutes:

The Chief Executive submitted a report to inform the Council of a decision taken under urgency powers by the Chief Executive in relation to the appointment of a Section 151 Officer.

 

Resolved

 

(1)          That the decision taken under urgency powers by the Chief Executive in consultation with the Chairman of the Council in relation to the appointment of Adele Taylor as interim Section 151 Officer with effect from 13 April 2018 and she be requested to appoint a suitably qualified and experienced Deputy Section 151 Officer from the same date be noted.

 

14.

Community Governance Review - Graven Hill 2018 pdf icon PDF 210 KB

Report of Chief Executive

 

Purpose of report

 

To consider the Terms of Reference for the Graven Hill Community Governance Review (CGR) and to request the appointment of Members  to a working group for the CGR.

 

Recommendations

            

The meeting is recommended:

 

 1.1        To approve the Terms of Reference for the Community Governance Review (appendix 1)

 

1.2      To delegate authority to the Assistant Director Law and Governance, in consultation with Group Leaders, to appoint two Members per Political Group to a Working Group to consider the Community Governance Review of the area known as Graven Hill.

 

1.3      To delegate authority to the Assistant Director Law and Governance, in consultation with the Working Group, to make any minor amendments to the Terms of Reference and the timetable for the review if required.

 

Additional documents:

Minutes:

The Chief Executive submitted a report to consider the Terms of Reference for the Graven Hill Community Governance Review (CGR) and to request the appointment of Members to a working group for the CGR.

 

Resolved

 

(1)          That the Terms of Reference for the Community Governance Review (annex to the Minutes as set out in the Minute Book) be approved.

 

(2)          That authority be delegated to the Assistant Director Law and Governance, in consultation with Group Leaders, to appoint two Members per Political Group to a Working Group to consider the Community Governance Review of the area known as Graven Hill.

 

(3)          That authority be delegated to the Assistant Director Law and Governance, in consultation with the Working Group, to make any minor amendments to the Terms of Reference and the timetable for the review if required.

 

15.

Exclusion of the Press and Public

The following items contain exempt information as defined in the following paragraphs of Part 1, Schedule 12A of Local Government Act 1972.

 

1 - Information relating to any individual

 

2 - Information which is likely to reveal the identity of an individual

 

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

 

4 - Information relating to any consultations or negotiations, or contemplated negotiations, in connection with any labour matters arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority

 

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 decisions 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 item 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, Paragraphs 1, 2, 3 and 4 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 item 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, Paragraphs 1, 2, 3 and 4 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.

16.

Future Delivery of the Corporate Fraud Service

Exempt report of Interim Executive Director Finance and Governance

Minutes:

The Interim Executive Director Finance and Governance submitted an exempt report to provide an update on the Corporate Fraud service and to seek approval to progress a Section 101 agreement between South Northamptonshire Council, Cherwell District Council and Oxford City Council as a means of future service delivery.

 

Resolved

 

(1)          That the contents of the report be noted.

 

(2)          That  the delegation of the fraud function to Oxford City Council in accordance with section 101 (1) of the Local Government Act 1972.Section and under Part 1A Chapter 2 section 9EA of the Local Government Act 2000 be approved.

 

(3)          That delegated authority be granted to the S151 Officer in consultation with the Portfolio Holder for Finance and Governance to enter into the S101 agreement and to take all necessary steps to implement the arrangement.

 

17.

Notification of Decision Taken Under Urgency Powers: Crown House Update

Exempt Report of Chief Executive

Minutes:

The Chief Executive submitted an exempt report to inform the Council of a decision she had taken under urgency powers in relation to Crown House.

 

Resolved

 

(1)          That the decision taken under urgency powers by the Chief Executive further to the resolution of Executive (Minute 120, 3 April 2018), to support the use of urgent action by the Chief Executive, in consultation with the Council Chairman, as set out in the exempt minutes, be noted.