Agenda, decisions and minutes

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.

Members declared interest with regard to the following agenda item:

11. Licensing Committee and Planning Committee Constitutional Amendments.

Councillor Nicholas Turner, Prejudicial, as licensee of Drayton Leisure Golf Club.

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

There were no petitions.

The Leader of the Council confirmed that he had agreed a request to speak from Councillor Milne Home in respect of agenda item number 7, Integrated Vehicle Parking Strategy - Civil Parking Enforcement and Residents Parking.

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

There was no urgent business.

To confirm as a correct record the Minutes of the meeting held on 7 December 2009.

The minutes of the meeting held on 7 December 2009 were agreed as a correct record and signed by the Chairman.

Mr Robert Hathaway, the Comprehensive Area Assessment Lead (CAAL) for Oxfordshire, Buckinghamshire and Milton Keynes will be presenting the Audit Commission's Comprehensive Area Assessment (CAA) Judgement to Executive Members.

The following documents are attached for information:

1. Oxfordshire Area Assessment 2009
2. Cherwell District Council Organisational Assessment 2009

The Chairman welcomed Mr Robert Hathaway, the Comprehensive Area Assessment Lead (CAAL) for Oxfordshire, Buckinghamshire and Milton Keynes to the meeting.

Mr Hathaway presented the Audit Commission's Comprehensive Area Assessment (CAA) Judgement, which was detailed in the Cherwell District Council Organisational Assessment 2009 and the Oxfordshire Area Assessment 2009. Members of the Executive made comments and asked questions on the Assessments to which answers were duly provided.

The Chairman thanked Mr Hathaway and commented on the good relations the Council has with the Audit Commission. The Chairman assured Mr Hathaway that the Council would continue to look forward and continually seek to improve further.

Report of Urban and Rural Services

Summary

To note the current position and revised financial model for Civil Parking Enforcement (CPE) and to authorise further work to develop workable proposals.

To note the outcomes of the consultation on Banbury Residents Parking Scheme and to approve further development of proposals, subject to CPE.

To note the current position on Bicester Residents Parking Scheme and the formal Traffic Regulation Order (TRO) advertising/consultation for the revised Scheme.

To note the update on Taxi Rank provision and the bid to the Council’s capital programme.

To note the current position regarding provision for disabled parking.

Recommendations

The Executive is recommended to:

(1)               Civil Parking Enforcement

a)         Note the updated position on CPE and revised Financial Model

b)         Approve further development of the Council’s approach to CPE based on this Financial Model whilst seeking to reduce CDC’s risks/costs through negotiation with Oxfordshire County Council (OCC).

c)         Receive a further report on the outcome of these discussions and any changes to the Financial Model, prior to a final decision on implementation being taken.

d)         As part of 1 (c) above, authorise the appointment of consultants to assist in developing the approach to CPE and in testing and refining the Financial Model.

e)         Authorise investigation with OCC of on-street pay and display parking

(2)               Banbury Residents Parking Scheme

a)         Authorise further work on Scheme development on the assumption that CPE will be implemented and receive a further report in conjunction with a CPE report prior to formal consultation on a Scheme through the Traffic Regulation Order (TRO) process.

b)         Note the outcomes of the Banbury Residents Parking consultation.

c)         Receive a petition from the residents of Merton Street and Causeway (Zone 5) against the introduction of a Residents Parking Scheme in these streets.

d)         Confirm that consultation feedback and the petition received from residents in Zone 5 demonstrates that there is not sufficient support for a Scheme in the Zone and that no further scheme development will take place, and will not be reviewed for at least 2 years.

e)         Confirm that in Zone 3 where support for a Scheme from the consultation feedback was less than 50%, that no further Scheme development will take place and will not be reviewed for at least 2 years.

f)          Agree in principle to a scheme based on the consultation proposals for Zones 1, 2 and 4 and authorise further investigations in to scheme viability for these zones based on a nil net cost to the Council. 

g)         To defer implementation pending the outcome of CPE.

(1)               Note the current position on Bicester Residents Parking and the proposals for a revised scheme to be introduced on or as soon after 1 April 2010 as formal consultation on a revised TRO for the Scheme allows.

(2)               Note the position on taxi rank provision, cost and funding and the application for capital funds to progress implementation in Banbury in 2010/11.

(3)               Note the position on  ...  view the full agenda text for item 96.

Agreed

The Head of Urban and Rural Services submitted a report which presented progress on a number of key parking initiatives in the district, relating to: the current position and revised financial model for Civil Parking Enforcement (CPE) and  further work to develop workable proposals; the outcomes of the consultation on Banbury Residents Parking Scheme and further development of proposals, subject to CPE; the current position on Bicester Residents Parking Scheme and the formal Traffic Regulation Order (TRO) advertising/consultation for the revised Scheme; Taxi Rank provision and the bid to the Council’s capital programme; and, the current position regarding provision for disabled parking.

Councillor Milne Home addressed the meeting.

Resolved

(1)               Civil Parking Enforcement (CPE)

a)        That the updated position on CPE and revised Financial Model be noted.

b)         That further development of the Council’s approach to CPE based on this Financial Model whilst seeking to reduce CDC’s risks/costs through negotiation with Oxfordshire County Council (OCC) be approved.

c)         That a further report on the outcome of these discussions and any changes to the Financial Model, prior to a final decision on implementation being taken be received by Executive.

d)         That, as part of 1 (c) above, the appointment of consultants to assist in developing the approach to CPE and in testing and refining the Financial Model be authorised.

e)         That investigation with OCC of on-street pay and display parking be authorised.

(2)               Banbury Residents Parking Scheme

a)         That further work on Scheme development on the assumption that CPE will be implemented be authorised and that a further report in conjunction with a CPE report prior to formal consultation on a Scheme through the Traffic Regulation Order (TRO) process be received by Executive.

b)         That the outcomes of the Banbury Residents Parking consultation be noted.

c)         That a petition from the residents of Merton Street and Causeway (Zone 5) against the introduction of a Residents Parking Scheme in these streets be received.

d)         That it be confirmed that consultation feedback and the petition received from residents in Zone 5 demonstrates that there is not sufficient support for a Scheme in the Zone and that no further scheme development will take place, and will not be reviewed for at least 2 years.

e)         That it be confirmed that in Zone 3 where support for a Scheme from the consultation feedback was less than 50%, that no further Scheme development will take place and will not be reviewed for at least 2 years.

f)          That, in principle, a scheme based on the consultation proposals for Zones 1, 2 and 4 be agreed and further investigations in to scheme viability for these zones based on a nil net cost to the Council be authorised.

g)         That implementation pending the outcome of CPE be deferred.

(3)               That the current position on Bicester Residents Parking and the proposals for a revised scheme to be introduced on or as soon after 1 April 2010 as formal consultation on a  ...  view the full minutes text for item 96.

Report of Head of Finance

Summary

The Council has to adopt a budget for 2010/11 as the basis for calculating its level of Council Tax and has to base that budget on its plans for service delivery during the year, recognising any changes in service demand that may arise in future years.  This is the second opportunity that the Executive has to shape and refine the interaction between corporate plan service plans and financial matters before the final budget is presented to the Council on the 22 February 2010.

Recommendations

The Executive is recommended to:

(1)               Consider the draft revenue budget 2 (detailed in Appendix 1a) in the context of the Council’s service objectives and strategic priorities (see thecorporate plan Appendix 1b).

(2)               Consider the draft corporate plan for 2010/11 noting the addition of two new aims around the Eco-Town and Breaking the Cycle of Deprivation as requested by the Executive at their meeting on 7 December 2009 (detailed in Appendix 1b).

(3)               Agree the approach to the overall capital programme and 10/11 expenditure profile (detailed in Appendix 2).

(4)               Advise of any matters they would like taken into consideration in producing a balanced budget for the next meeting of the Executive.

(5)               Consider the recommendations of the Resources and Performance Scrutiny Board from their meeting of December 1 2009, having undertaken a review of the Council’s prioritisation matrix, revenue expenditure by service and reviewed the capital bids received as part of the 2010/11 process (detailed in Appendix 3).

(6)               Consider the Tax Base Report and associated discretionary powers (Appendix 4) and

·        to resolve that, in accordance with the Regulations, as amended, the amount calculated by the Cherwell District Council as its council tax base for the year 2010/2011 shall be 50,113; and

·        to approve the report of the Head of Finance, made pursuant to the Local Authorities (Calculation of Tax Base) Regulations 1992, as amended, and the calculations referred to therein for the purposes of the Regulations; and

·        to resolve that the tax base for parts of the area be in accordance with the figures shown in column 13 of Appendix 4b.

·        to resolve to continue with the discretionary awards that it resolved to give on December 1 2008 and detailed in Appendix 4c.

Agreed

The Head of Finance submitted a report which provided Executive with the second of three opportunities to shape and refine the interaction between corporate plan service plans and financial matters before the final budget is presented to Council on the 22 February 2010.

The Chief Finance Officer circulated an amended Draft Capital Programme 2010/11 to Members for consideration.

Resolved

(1)               That the draft revenue budget 2 be considered in the context of the Council’s service objectives and strategic priorities.

(2)               That the draft corporate plan for 2010/11 be considered and that the addition of two new aims around the Eco-Town and Breaking the Cycle of Deprivation as requested by the Executive at their meeting on 7 December 2009 be noted.

(3)               That the approach to the overall capital programme and 10/11 expenditure profile be agreed.

(4)               That any matters Members would like taken into consideration in producing a balanced budget for the next meeting of the Executive be advised.

(5)               That the recommendations of the Resources and Performance Scrutiny Board from their meeting of December 1 2009, having undertaken a review of the Council’s prioritisation matrix, revenue expenditure by service and reviewed the capital bids received as part of the 2010/11 process be considered.

(6)               That the Tax Base Report and associated discretionary powers be considered and

·        That it be resolved that, in accordance with the Regulations, as amended, the amount calculated by the Cherwell District Council as its council tax base for the year 2010/2011 shall be 50,113; and

·        That the report of the Head of Finance, made pursuant to the Local Authorities (Calculation of Tax Base) Regulations 1992, as amended, and the calculations referred to therein for the purposes of the Regulations be approved; and

·        That it be resolved that the tax base for parts of the area be in accordance with the figures shown in column 13 of Annex 1 attached to these minutes.

·        That the discretionary awards that Executive it resolved to give on December 1 2008 be continued.

(7)               That Officers be requested to include a separate heading for tackling deprivation in the quarterly Performance Management Framework updates.

(8)               That the Chief Executive be requested to provide a monthly synopsis to Executive Members on the work the council is undertaking to tackle deprivation.

Reasons – The budget will form the financial expression of the Councils strategic priorities and service delivery plans for 2010/11; the allocation of resources against agreed service priorities is necessary in order to achieve its strategic points.

Options

Report of Strategic Director Environment and Community

Summary

This report considers the opportunities associated with the 2012 London Olympics that can be delivered for the benefit of residents in Cherwell.

Recommendations

The Executive is recommended to:

(1)               Respond to the opportunities provided by the 2012 Olympics as outlined in the report;

(2)               Establish a Member and Officer working group, under the Chairmanship of the Portfolio Holder for Customer Service and ICT (with special responsibility for tourism) to oversee and co-ordinate the detailed actions of the Council to maximise the sports, economic and community opportunities in the district arising from the 2012 Olympics.

(3)               Consider the options with regard to funding levels and sources.

Agreed

The Strategic Director Environment and Community submitted a report which considered the opportunities associated with the 2012 London Olympics that can be delivered for the benefit of residents in Cherwell.

Resolved

(1)               That the opportunities provided by the 2012 Olympics as outlined in the report be noted;

(2)               That the establishment of a Member and Officer working group, under the Chairmanship of the Portfolio Holder for Customer Service and ICT (with special responsibility for tourism) to oversee and co-ordinate the detailed actions of the Council to maximise the sports, economic and community opportunities in the district arising from the 2012 Olympics be noted.

(3)               That the options with regard to funding levels and sources be considered.

Reasons – The Council should respond to the opportunities the 2012 Olympics provide in terms of increased sports and arts participation particularly by young people, a stronger voluntary sector, wider partnership working and benefits to the local economy from additional visitors to the District. The Council is well placed following its investment in its sports facilities to accommodate the expected increased demand for sporting activity. However, the voluntary sports sector has a significant part to play and needs support to respond to the expected increase in participation.

Options

Report of Head of Legal and Democratic Services

Summary

This report outlines recent developments in legislation relating to overview and scrutiny as set out in the following:

1)           Local Government and Public Involvement in Health Act, 2007

2)           Police and Justice Act, 2006

3)            Local Democracy, Economic Development and Construction Bill, 2008

Recommendations

The Executive is recommended to:

(1)               Agree that the Overview and Scrutiny Committee should be formally designated as Cherwell District Council’s crime and disorder scrutiny committee and to recommend to Council that the Constitution is so amended;

(2)               Note that the Head of Legal and Democratic Services and the Democratic, Scrutiny and Elections Manager have been delegated to develop a draft protocol for the conduct of crime and disorder scrutiny for future consideration by the Overview and Scrutiny Committee.

Agreed

The Head of Legal and Democratic Services submitted a report which outlined recent developments in legislation relating to overview and scrutiny as set out in the Local Government and Public Involvement in Health Act, 2007; the Police and Justice Act, 2006; and, the Local Democracy, Economic Development and Construction Bill, 2008.

Resolved

(1)               That it be agreed that the Overview and Scrutiny Committee should be formally designated as Cherwell District Council’s crime and disorder scrutiny committee and that it be recommended to Council that the Constitution is so amended.

(2)               That it be noted that the Head of Legal and Democratic Services and the Democratic, Scrutiny and Elections Manager have been delegated to develop a draft protocol for the conduct of crime and disorder scrutiny for future consideration by the Overview and Scrutiny Committee.

Reasons – The formal designation of the Overview and Scrutiny Committee as the crime and disorder scrutiny body recognises the importance that the Council places on crime and disorder matters and at the same time takes account of the resources available to support crime and disorder scrutiny and is in keeping with practice in other Oxfordshire district councils.

Options

Councillor Turner left the meeting whilst the following agenda item was discussed.

Report of Head of Legal and Democratic Services

Summary

To consider the constitutional amendments recommended to Council by Planning and Licensing Committees.

Recommendations

 The Executive is recommended to:

(1)               Note the constitutional amendments recommended to Council by the Licensing committee relating to the Scheme of Delegation and Committee Terms of Reference.

(2)               Note the constitutional amendments recommended to Council by the Planning committee relating to the Scheme of Delegation and Public Speaking Procedure Rules.

Agreed

The Head of Legal and Democratic Services submitted a report which considered the constitutional amendments recommended to Council by Planning and Licensing Committees.

Recommendations

(1)               That the constitutional amendments recommended to Council by the Licensing committee relating to the Scheme of Delegation and Committee Terms of Reference be noted.

(2)               That the constitutional amendments recommended to Council by the Planning committee relating to the Scheme of Delegation and Public Speaking Procedure Rules be noted.

Options

Report or Head of Legal and Democratic Services

Summary

The Executive is asked to consider a draft calendar of meetings for 2010/11, and to recommend to Council accordingly.

Recommendations

The Executive is recommended to:

(1)               Recommend to Council the draft calendar of meetings for 2010/11.

(2)               Recommend to Council that the Chief Executive in consultation with the Leader be delegated to make amendments to the calendar of meetings as and when the general election is called.

Agreed

The Head of Legal and Democratic Services submitted a report to consider a draft calendar of meetings for 2010/2011, and to recommend to Council accordingly.

Resolved

(1)               That the draft calendar of meetings for 2010/11 be recommended to Council.

(2)               That it be recommended to Council that the Chief Executive in consultation with the Leader be delegated to make amendments to the calendar of meetings as and when the general election is called.

(3)               That it be recommended to Council that the Chief Executive in consultation with the Leader be delegated to make amendments to the calendar of meetings to correct any errors or omissions.

Reasons – In order to transact business efficiently the Council needs to agree a calendar of meetings.

Options

The following reports 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 consultations or negotiations, in connection with any labour relations matter 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 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 items of business, on the grounds that they could involve the likely disclosure of exempt information as defined in paragraphs 1, 2, 3 and 4 of Schedule 12A of that Act.”

That, in accordance with Section 100A(4) of Local Government Act 1972, the press and public be excluded form the meeting for the following items of business, on the grounds that they could involve the likely disclosure of exempt information as defined in paragraphs 1, 2, 3 and 4 of Schedule 12A of that Act.

Report of Chief Executive and Head of Improvement

Agreed

The Chief Executive and Head of Improvement submitted an exempt joint report which considered the findings of the findings of the Value for Money (VFM) Review of Legal Services report and the recommendations arising from the report.

Resolved

That the recommendations 1 to 4 as set out in the exempt minutes be agreed with the additional resolution:

(5)                 That the Head of Legal and Democratic Services be requested to report back to the Executive on how the transaction speed of minor legal queries can be improved.