Agenda, decisions and minutes

Venue: Council Chamber - South Cambs Hall. View directions

Contact: Richard May  01954 713016

Items
No. Item

PRESENTATION

Prior to the start of the formal meeting, the Chairman presented a certificate and gift to Juli Stallabrass, Assistant Licensing Officer, in recognition of her completion of 25 years’ service with the Council. Members joined the Chairman in warmly congratulating Juli for this achievement and thanking her for her hard work and invaluable assistance to Members and residents throughout this period.

26.

DECLARATIONS OF INTEREST

Minutes:

Councillors Mrs DP Roberts, Mrs SJO Doggett, NJ Scarr and NN Cathcart declared personal non-prejudicial interests in Agenda items 7c-7d (Housing Futures: New landlord selection panel and Housing Futures – Managing conflicts of interest) as members of the lobby group ‘South Cambridgeshire Against Transfer’. They remained in the meeting and took part in the discussions and voting.

 

Councillor NJ Scarr declared a personal non-prejudicial interest in Agenda Item 8c (Call-in: Service continuity arrangements for December and January holiday period) as a member of Unison. He remained in the meeting and took part in the discussions and voting.

 

Councillor NCF Bolitho declared a personal non-prejudicial interest in Agenda Item 8c (Call-in: Service continuity arrangements for December and January holiday period) as a member of a trade union. He remained in the meeting and took part in the discussions and voting.

27.

MINUTES pdf icon PDF 172 KB

To authorise the Chairman to sign the Minutes of the meeting held on 22 May 2008 as a correct record (attached).

Minutes:

Council RESOLVED that the Minutes of the meeting held on 22 May 2008 be approved as a correct record, subject to the following amendments:

 

·         Minute 2 – Reference to ‘Councillor’ not ‘Council’ Barrett.

·         Minute 13 – Add reference to Councillor Mrs HM Smith as the Liberal Democrat Group’s nominated substitute on the Joint Planning Policy Committee.

·         Minute 20 – Add the following sentence: He advised further that this matter would be brought to his Portfolio Holder’s meeting for decision in due course.

28.

ANNOUNCEMENTS

Minutes:

The Chairman was pleased to announce that the South Cambs Magazine had won an award for best external magazine at the recent Communications in Business awards. He congratulated staff and members for this excellent achievement.

 

The New Communities Portfolio Holder advised that the Council had received Planning and Housing Delivery Grant totalling £1,318,768. This represented an increase of £868,000 on the previous year’s total and reflected excellent performance particularly in terms of housing completions (1,307 in the last financial year), development plan-making and development control performance. Council congratulated all the officers whose hard work had achieved this substantial increase, especially Gareth Jones, Keith Miles and Caroline Hunt. 

29.

QUESTIONS FROM COUNCILLORS AND THE PUBLIC

29a

From Councillor SGM Kindersley to the New Communities Portfolio Holder

‘During the 2008 election campaign the Conservatives highlighted the importance of saving our Post Offices from closure. Now that the list of Post Offices selected for closure is in the public domain could the Conservative Executive please tell Council exactly what steps are being taken by the Conservatives to save the South Cambridgeshire Post Offices from closure? I would appreciate full timings and costings. In addition, an indication how much officer time the Conservatives intend to focus on this important issue (and election commitment) would be useful.’

Minutes:

Councillor SGM Kindersley asked the New Communities Portfolio Holder the following question:

 

‘During the 2008 election campaign the Conservatives highlighted the importance of saving our Post Offices from closure. Now that the list of Post Offices selected for closure is in the public domain could the Conservative Executive please tell Council exactly what steps are being taken by the Conservatives to save the South Cambridgeshire Post Offices from closure? I would appreciate full timings and costings. In addition, an indication how much officer time the Conservatives intend to focus on this important issue (and election commitment) would be useful.’

 

Councillor Dr DR Bard, New Communities Portfolio Holder, advised that he, along with a number of Members, had attended a briefing regarding proposed local branch closures, held at the Council Offices the previous evening. Consequently he advised he would not reiterate all the points covered at this briefing.

 

Councillor Dr Bard advised that the Council was part of a county-wide partnership offering support and advice to the branches and communities affected, including ways in which proposed closures could be effectively opposed, and financial support to enable businesses to access short-term advice on adapting to closure. The Council already supported post offices through the payments service, which had been used for 105,000 transactions in the last year, as well as through the granting of rural business rate relief of 100%; four of the five branches proposed for closure received full relief under this scheme. In the longer term, the partnership would be working to help communities investigate new ways to provide post office services, and a number of options were outlined at the briefing, reflecting that different communities had different needs.

 

Councillor Kindersley replied that he hoped that the Council would continue to award rural rate relief and participate in the county-wide group, but that the Portfolio Holder had not addressed issues raised in the question in respect of cost and officer time.

 

Councillor Dr Bard advised that no specific provision had been made in the current year’s budget as the level of support required had not been known at the time that the 2008-2009 budget had been agreed. Having said this, up to £1,000 had been made available to fund the county-wide partnership’s business support packages. Dr Bard accepted that this was a modest sum, but reiterated that this was a short term response, after which more detailed longer-term plans would be put in place. He hoped all Members agreed there was a need to support local communities by saving post offices.

 

Council was advised that copies of the papers considered at the Member briefing were available from the Scrutiny Development Officer.

29b

From Councillor Mrs HM Smith to the Environmental Services Portfolio Holder

I welcome the recent introduction of paper recycling at village colleges. Schools should be leading the way in recycling, and educating responsible citizens for the future. What are the council's plans for expanding recycling services for village colleges to include, for example, plastics, and kitchen waste?

Minutes:

Councillor Mrs HM Smith asked the Environmental Services Portfolio Holder the following question:

 

I welcome the recent introduction of paper recycling at village colleges. Schools should be leading the way in recycling, and educating responsible citizens for the future. What are the council's plans for expanding recycling services for village colleges to include, for example, plastics, and kitchen waste?’

 

Councillor Mrs SM Ellington, Environmental Services Portfolio Holder, advised that the Council had recently signed a partnership agreement with five other local authorities in respect of the collection of municipal waste. It was anticipated that a Trade Waste Strategy would be submitted to Cabinet for approval at its September meeting, after which a sustainable and cost-effective action plan would be developed.

 

By way of a supplementary question, Councillor Mrs Smith expressed concern at schools’ status as commercial organisations for the purposes of waste collection. She wondered whether, given their leading community role in increasing recycling rates, they could be treated more sympathetically for the purposes of plastics recycling?

 

Councillor Mrs Ellington agreed that the Council was right to focus on schools as the forums in which to encourage greater recycling in future. Unfortunately the Council was required by law to treat schools as commercial organisations. The Council’s immediate priority was the successful introduction of the domestic plastics recycling scheme in October 2008, after which attention could turn to commercial waste collection initiatives.

29c

From Councillor Mrs BZD Smith to the Deputy Leader and Housing Portfolio Holder

This Council is presently engaged in an important and expensive consultation exercise with its tenants regarding the subject of possible housing stock transfer. 

 

Surely sound communication must be at the heart of any credible consultation. Yet, we have seen an inconsistent manner of planning local drop-in sessions, in which the onus may be on the local community to request a drop-in session, and in which local members are not informed or consulted until invitations have gone out or indeed drop-in sessions have taken place.  The announcement that the ballot for the shadow board was flawed and must be re-administered further undermines confidence in the council’s ability to communicate effectively during this critical exercise.  What reassurances can the PFH offer?

Minutes:

Councillor Mrs BZD Smith asked the Deputy Leader and Housing Portfolio Holder the following question:

 

‘This Council is presently engaged in an important and expensive consultation exercise with its tenants regarding the subject of possible housing stock transfer. 

 

Surely sound communication must be at the heart of any credible consultation. Yet, we have seen an inconsistent manner of planning local drop-in sessions, in which the onus may be on the local community to request a drop-in session, and in which local members are not informed or consulted until invitations have gone out or indeed drop-in sessions have taken place.  The announcement that the ballot for the shadow board was flawed and must be re-administered further undermines confidence in the council’s ability to communicate effectively during this critical exercise.  What reassurances can the Portfolio Holder offer?’

 

Councillor SM Edwards, Deputy Leader and Housing Portfolio Holder, stated that he did not agree that the process had been inconsistent or ill-informed. The three recent drop-in sessions had been advertised in a newsletter which had been circulated to all Members, including the event held in Gamlingay on 8 April 2008. Councillor Edwards noted that Local Ward Members had been consulted in agreeing venues for these sessions, and advised that he welcomed any suggestions for venues for future events of a similar nature. It would not be logistically possible to hold events in every village in the district, however assistance with transport would be provided where appropriate. The Council had held open events at the offices and at Sawston and Histon in respect of the new landlord selection process, and aimed to respond to requests for ad hoc events when possible.

 

In respect of the problems which had affected the recent election, Councillor Edwards acknowledged the errors which had been made which were deeply regrettable and for which he offered his sincerest apologies. He reassured Council that such errors were isolated events which were not characteristic of the professional, dedicated and hard-working Housing Futures team, which had worked very hard to rectify the error.

 

The Portfolio Holder went on to advise that the Council had agreed a comprehensive communication strategy for the housing futures project, centred on tenants and leaseholders. Communication methods would continue to be in line with the tenants’ wishes, including further forums for sheltered housing schemes and leaseholders. Monthly meetings continued to take place with the tenant participation group, the Council offered a free telephone service providing independent advice, and a letter had been sent to all tenants advertising the forthcoming programme of home visits to explain the process.

 

By way of a supplementary question, Councillor Mrs Smith advised that she had spoken to three Members who had not been made aware of recent events and had therefore been unable to participate. She requested that the Portfolio Holder advise Local Ward Members of the dates of the programme of home visits, so as to avoid such problems recurring.

 

The Portfolio Holder requested details of which Members had not been notified, to allow  ...  view the full minutes text for item 29c

30.

PETITIONS

To note all petitions received since the last Council meeting.

Minutes:

 No petitions had been received since the last Council meeting.

31.

RECOMMENDATIONS FROM THE CABINET AND PORTFOLIO HOLDERS:

31a

Food Safety Service Plan (Cabinet, 3 July 2008)

Cabinet RECOMMENDED TO COUNCIL that the Food and Safety Plan 2008/09 be approved.

 

The Plan, recommended for approval by the Cabinet, is available to view using this link to the Council's website (www.scambs.gov.uk) Alternatively, please contact Democratic Services to receive a copy, telephone (01954) 713016, e-mail democratic.services@scambs.gov.uk 

Decision:

Council RESOLVED that the Food and Safety Plan 2008/09 be approved.

Minutes:

Councillor RMA Manning moved, Councillor Mrs SM Ellington seconded and Council RESOLVED that the Food and Safety Plan 2008/09 be approved.

31b

Member Development Strategy 2008-2011 (Cabinet, 3 July 2008)

Cabinet RECOMMENDED TO COUNCIL that the Member Development Strategy 2008-2011 be adopted, subject to an amendment to Section one to reflect that consultation with group leaders on the development of the strategy had taken place on an informal basis.

 

The strategy, considered by the Cabinet, is available to view using this link to the Council's website (www.scambs.gov.uk. The final version will be included in the revised edition of the Members’ Toolkit which will be distributed shortly to all Members. Please contact Democratic Services to receive a hard copy, telephone (01954) 713016, e-mail democratic.services@scambs.gov.uk 

Decision:

Council RESOLVED that the Member Development Strategy 2008-2011 be adopted, subject to an amendment to Section One to reflect that consultation with group leaders on the development of the strategy had taken place on an informal basis.

Minutes:

Councillor RMA Manning moved, Councillor Mrs SM Ellington seconded and Council RESOLVED that the Member Development Strategy 2008-2011 be adopted, subject to an amendment to Section One to reflect that consultation with group leaders on the development of the strategy had taken place on an informal basis.

31c

Housing Futures: New landlord selection panel (Housing Portfolio Holder's meeting, 8 July 2008)

The Leader of the Council, exercising the powers of the Housing Portfolio Holder in his absence, RECOMMENDED TO COUNCIL that the conclusion of the New Landlord Selection Process be supported and that a new standalone local housing association be AGREED as the preferred model of a new local housing association landlord, should tenants vote in favour of a housing transfer. 

 

The papers considered by the Leader of the Council can be viewed using the following link to the Council's website (Agenda item 3 refers), www.scambs.gov.uk. Alternatively please contact Democratic Services to obtain a hard copy, telephone 01954 713016 e-mail democratic.services@scambs.gov.uk.      

Decision:

Council RESOLVED that the conclusion of the New Landlord Selection Process be supported and that a new standalone local housing association be agreed as the preferred model of a new local housing association landlord, should tenants vote in favour of a housing transfer. 

Minutes:

Councillor RMA Manning moved, Councillor SM Edwards seconded and Council RESOLVED that the conclusion of the New Landlord Selection Process be supported and that a new standalone local housing association be agreed as the preferred model of a new local housing association landlord, should tenants vote in favour of a housing transfer. 

 

Councillor NN Cathcart requested to be recorded as voting against the proposal.

 

Councillors SM Edwards and AG Orgee requested to be recorded as voting in favour of the proposal.

31d

Housing Futures - Managing conflicts of interest (Housing Portfolio Holder's meeting, 8 July 2008)

The Leader of the Council, exercising the powers of the Housing Portfolio Holder in his absence, RECOMMENDED TO COUNCIL that the protocol to guide members and employees involved in a potential housing transfer, attached to the report submitted to the Portfolio Holder’s meeting, be adopted subject to the following change:

 

Paragraph 4.1.5: Refer to ‘commercially sensitive’ not ‘confidential’ information.

 

The report and protocol considered by the Leader of the Council can be viewed using the following link to the Council's website (www.scambs.gov.uk).Please contact Democratic Services to obtain a copy of the protocol, telephone (01954) 713016 e-mail democratic.services@scambs.gov.uk

Decision:

Council RESOLVED that the protocol to guide members and employees involved in a potential housing transfer, attached to the report submitted to the Portfolio Holder’s meeting, be adopted subject to the following changes:

 

Paragraph 4.1.5: Refer to ‘commercially sensitive’ not ‘confidential’ information.

 

Paragraph 4.2.3: Deletion of this paragraph:

 

‘(Members will) Not undertake any formal role on behalf of tenants in connection with the possible establishment of the new local housing association. For example acting as a formal or informal tenants advisor, or act for or on behalf of a tenants lobby group.’

 

 

 

 

Minutes:

Councillor SM Edwards moved, Councillor RMA Manning seconded and Council RESOLVED that the protocol to guide members and employees involved in a potential housing transfer, attached to the report submitted to the Portfolio Holder’s meeting, be adopted subject to the following changes:

 

Paragraph 4.1.5: Refer to ‘commercially sensitive’ not ‘confidential’ information.

 

Paragraph 4.2.3: Delete this paragraph:

 

‘(Members will) Not undertake any formal role on behalf of tenants in connection with the possible establishment of the new local housing association. For example acting as a formal or informal tenants advisor, or act for or on behalf of a tenants lobby group.’

 

In response to a question, the Executive Director confirmed the revised timetable for the election of tenant representatives involved a deadline for ballot papers returns on 6 August and count on 7 August.

 

 

32.

RECOMMENDATIONS FROM COMMITTEES

32a

Appointment of Independent Members to the Standards Committee (Standards Committee, 11 June 2008)

The Standards Committee RECOMMENDED TO COUNCIL that Article 9.02(c) of the Constitution be amended to provide for the size and composition of Appointments Panels of the Standards Committee to be determined by the Standards Committee and not by its Chairman.

Decision:

Council RESOLVED that Article 9.02(c) of the Constitution be amended to provide for the size and composition of Appointments Panels of the Standards Committee to be determined by the Standards Committee and not by its Chairman.

Minutes:

Councillor AG Orgee moved, Councillor R Hall seconded and Council RESOLVED that Article 9.02(c) of the Constitution be amended to provide for the size and composition of Appointments Panels of the Standards Committee to be determined by the Standards Committee and not by its Chairman.

32b

Review of Contract Standing Orders (Corporate Governance Committee, 30 June 2008)

The Corporate Governance Committee RECOMMENDED TO COUNCIL that revised Contract Regulations be adopted as set out at Appendix 1 to the report and incorporated into Part 4 of the Constitution, subject to the correction of minor typographical errors identified by the Committee.

 

The revised Contract Regulations recommended for approval by the Corporate Governance Committee are available to view using the following link to the Council's website (www.scambs.gov.uk) Alternatively please contact Democratic Services to obtain a copy, telephone (01954) 713016 e-mail democratic.services@scambs.gov.uk

Decision:

Council RESOLVED that revised Contract Regulations be adopted as set out at Appendix 1 to the report and incorporated into Part 4 of the Constitution, subject to the correction of minor typographical errors identified by the Committee.

Minutes:

Councillor RT Summerfield moved, Councillor NCF Bolitho seconded and Council RESOLVED that revised Contract Regulations be adopted as set out at Appendix 1 to the report and incorporated into Part 4 of the Constitution, subject to the correction of minor typographical errors identified by the Committee.

32c

Call-in: Service Continuity Arrangements for December and January Holiday Period (Scrutiny and Overview Committee, 3 July 2008)

The Scrutiny and Overview Committee, at its meeting on 3 July 2008, considered the call-in of the following decision of the Staffing Portfolio Holder:

 

‘The Staffing Portfolio Holder AGREED that for this year volunteers will be sought from service areas to provide a skeleton service during the Christmas period.  The extra statutory days will be added to employee leave entitlement.  The concessionary day will be used to close the offices on Friday 2 January 2009.  For future Christmas periods, the offices will be open as normal, and application of the concessionary day will be decided annually by the Staffing Portfolio Holder.’

 

The Committee, inter alia:

 

(1)   RESOLVED, in accordance with Scrutiny and Overview Committee Procedure Rule 12.9.2,to refer the decision of the Staffing Portfolio Holder in respect of Service Continuity Arrangements for the December and January holiday period 2008-2009 to Council for consideration.

(2)   RECOMMENDED TO COUNCIL that an alternative recommendation be made to the Staffing Portfolio Holder that a decision on whether to open the Cambourne offices be deferred until 2009 to enable any subsequent proposal to be supported by a business case, based on firm evidence and subject to appropriate consultation with unions and staff.

 

Council is invited to consider the Portfolio Holder’s decision and recommendation by the Scrutiny and Overview Committee. It may:

 

(1)   Not object to the Portfolio Holder’s original decision, in which case it may be implemented immediately.

(2)   Refer the decision back to the Portfolio Holder with an alternative recommendation. The Portfolio Holder has arranged a meeting on 23 July 2008 at which he may re-consider the matter, amend or confirm his original decision.

 

Relevant papers considered by the Staffing Portfolio Holder and Scrutiny and Overview Committee are available to view using the following link to the Council's website (www.scambs.gov.uk) Please contact Democratic Services if you wish to receive a hard copy – telephone (01954) 713016 e-mail Richard.may@scambs.gov.uk  

Decision:

Council made no objection to the Portfolio Holder’s original decision, therefore the following decision may be implemented immediately:

 

 ‘The Staffing Portfolio Holder AGREED that for this year volunteers will be sought from service areas to provide a skeleton service during the Christmas period.  The extra statutory days will be added to employee leave entitlement.  The concessionary day will be used to close the offices on Friday 2 January 2009.  For future Christmas periods, the offices will be open as normal, and application of the concessionary day will be decided annually by the Staffing Portfolio Holder.’

Minutes:

Councillor JD Batchelor moved and Councillor Mrs DP Roberts seconded a Motion in the following terms:

 

‘That an alternative recommendation be made to the Staffing Portfolio Holder that a decision on whether to open the Cambourne offices be deferred until 2009 to enable any subsequent proposal to be supported by a business case, based on firm evidence and subject to appropriate consultation with unions and staff.’

 

The Motion, on being put, was declared lost, the voting being recorded as follows:

 

FOR: (21)

 

JD Batchelor                           Mrs PM Bear                                  NN Cathcart

NS Davies                               D de Lacey                          Dr SA Harangozo

Mrs SA Hatton                        Mrs EM Heazell                  SGM Kindersley

Dr JE Lockwood                    RB Martlew                                    MJ Mason

Mrs CAED Murfitt              A Riley                                     Mrs DP Roberts

Mrs BZD Smith               Mrs HM Smith                                JH Stewart

RT Summerfield               Dr SEK van de Ven                  JF Williams

 

AGAINST: (26)

 

Dr DR Bard                             RE Barrett                         D Bird

NCF Bolitho                             BR Burling                         TD Bygott

Mrs PS Corney                        SM Edwards                                  Mrs SM Ellington

VG Ford                                   Mrs JM Guest                          R Hall

JA Hockney                             Mrs CA Hunt                             RMA Manning

RM Matthews                          DC McCraith                                  DH Morgan

Mrs LA Morgan                        CR Nightingale                  AG Orgee

NJ Scarr                                  PW Topping                                   RJ Turner

Mrs BE Waters                        NIC Wright

 

Council therefore made no objection to the Portfolio Holder’s original decision, consequently the following decision stood for immediate implementation:

 

 ‘The Staffing Portfolio Holder AGREED that for this year volunteers will be sought from service areas to provide a skeleton service during the Christmas period.  The extra statutory days will be added to employee leave entitlement.  The concessionary day will be used to close the offices on Friday 2 January 2009.  For future Christmas periods, the offices will be open as normal, and application of the concessionary day will be decided annually by the Staffing Portfolio Holder.’

32d

Proposals for review of the boundary between South Cambridgeshire District Council and Cambridge City Council (Electoral Arrangements Committee, 8 July 2008) pdf icon PDF 1 MB

The Electoral Arrangements Committee RECOMMENDED TO COUNCIL:

 

(1)   That the submission of a request for a review of the administrative boundary between Cambridge City Council and South Cambridgeshire District Council be agreed in principle, on the basis of the proposals outlined previously and shown on the attached plan, subject to definitive assurances from central government that the housing targets fixed in the Regional Spatial Strategy will be readjusted to take account of the numbers of planned new housing going to the City as a result of a boundary review.

(2)   That delegated authority be granted to the Leader and Cabinet to determine the adequacy of any assurances that may be forthcoming and consequently the decision as to whether or not to submit the request.

 

The report and appendices considered by the Committee are available to view using the following link to the Council's website (www.scambs.gov.uk) - Agenda item 6 refers. Appendix 1 to the report is attached to this Agenda as the proposal recommended by the Committee for agreement (see above). For hard copies of any other relevant paperwork, please contact Democratic Services, telephone (01954) 713016 or e-mail democratic.services@scambs.gov.uk.  

Decision:

Council RESOLVED:

 

(1)That the submission of a request for a review of the administrative boundary between Cambridge City Council and South Cambridgeshire District Council be agreed in principle, on the basis of the proposals outlined previously and shown on the plan attached at Agenda page 13, subject to definitive assurances from central government that the housing targets fixed in the Regional Spatial Strategy will be readjusted to take account of the numbers of planned new housing going to the City as a result of a boundary review.

(2) That delegated authority be granted to the Leader and Cabinet to determine the adequacy of any assurances that may be forthcoming and consequently the decision as to whether or not to submit the request.

 

Minutes:

Councillor RJ Turner moved, Councillor NCF Bolitho seconded and Council RESOLVED:

 

(1)That the submission of a request for a review of the administrative boundary between Cambridge City Council and South Cambridgeshire District Council be agreed in principle, on the basis of the proposals outlined previously and shown on the plan attached at Agenda page 13, subject to definitive assurances from central government that the housing targets fixed in the Regional Spatial Strategy will be readjusted to take account of the numbers of planned new housing going to the City as a result of a boundary review.

(2) That delegated authority be granted to the Leader and Cabinet to determine the adequacy of any assurances that may be forthcoming and consequently the decision as to whether or not to submit the request.

 

32e

Arbury Park Parish Review (Electoral Arrangements Committee, 8 July 2008) pdf icon PDF 2 MB

 Electoral Arrangements Committee RECOMMENDED TO COUNCIL that;

 

i)                    A reorganisation order be made creating a new parish at Arbury Park with a Council thus amending the parish boundaries of Impington Parish and Milton Parish, by reference to the attached plan of the proposed changes;

 

ii)                   The Parish created be called Orchard Park and the council created be styled Orchard Park Community Council;

 

iii)                 Consultation take place on the following electoral arrangements for the new parish council for subsequent confirmation by South Cambridgeshire District Council:

 

·         The Parish created should not be warded.

·         The council created should consist of 9 councillors, to be elected as soon as is practicable.

·         No changes are required to the electoral arrangements of Impington Parish and Milton Parish.

 

The report and appendices considered by the Committee are available to view using the following link to the Council's website (www.scambs.gov.uk) - Agenda item 7 refers. The document entitled ‘Parish Review – Arbury leaflet’ is attached to this Agenda as it contains the proposal recommended by the Committee for agreement (see above). For hard copies of any other relevant paperwork, please contact Democratic Services, telephone (01954) 713016 or e-mail democratic.services@scambs.gov.uk.  

Decision:

Council RESOLVED that:

 

(i) A reorganisation order be made creating a new parish at Arbury Park with a Council thus amending the parish boundaries of Impington Parish and Milton Parish, by reference to the plan of the proposed changes attached at Agenda page 16;

 

ii)The Parish created be called Orchard Park and the council created be styled Orchard Park Community Council;

 

iii) Consultation take place on the following electoral arrangements for the new parish council for subsequent confirmation by South Cambridgeshire District Council:

 

·         The Parish created should not be warded.

·         The council created should consist of 9 councillors, to be elected as soon as is practicable.

·         No changes are required to the electoral arrangements of Impington Parish and Milton Parish.

Minutes:

Councillor RJ Turner moved, Councillor NCF Bolitho seconded and Council RESOLVED that:

 

(i) A reorganisation order be made creating a new parish at Arbury Park with a Council thus amending the parish boundaries of Impington Parish and Milton Parish, by reference to the plan of the proposed changes attached at Agenda page 16;

 

ii)The Parish created be called Orchard Park and the council created be styled Orchard Park Community Council;

 

iii) Consultation take place on the following electoral arrangements for the new parish council for subsequent confirmation by South Cambridgeshire District Council:

 

·         The Parish created should not be warded.

·         The council created should consist of 9 councillors, to be elected as soon as is practicable.

·         No changes are required to the electoral arrangements of Impington Parish and Milton Parish.

33.

RECOMMENDATIONS BY THE CONSTITUTION REVIEW WORKING PARTY:

33a

Changes to Council Standing Orders (Constitution Review Working Party, 1 July 2008)

(A) COUNCIL STANDING ORDERS 7 AND 16 – ELECTION OF CHAIRMAN AND VOTING ON APPOINTMENTS

 

The Constitution Review Working Party RECOMMENDED TO COUNCIL that:

 

(1)   The following wording be added to Standing Order 7.1 (proposed additions marked in bold):

 

The person presiding at the meeting may exercise any power or duty of the Chairman, except where there is equality of votes on an appointment, in which case the provisions of Standing Order 16.7 below shall be followed.  Where these Standing Orders apply to committee or sub-committee meetings, references to the Chairman also include the Chairman of committees and sub-committees.”

 

(2)    The following wording be added to Standing Order 7.2:

 

The Chairman of Council shall preside over the election of Chairmen of Committees and Sub-Committees of the Council. Where the Chairman of Council is not present, the Chief Executive or an officer nominated by him or her may preside at the election of the Chairman but neither shall be entitled to vote. In the event of a tie, the provisions of Standing Order 16.7 below shall be followed.

(3)   The following wording be added to Council Standing Order 16.2:

If there are equal numbers of votes for and against, the Chairman will have a second or casting vote.  There will be no restriction on how the Chairman chooses to exercise a casting vote. This Standing Order shall not apply to situations in which there is equality of voting between two candidates on an appointment. In such cases, the provisions of Standing Order 16.7 below shall apply.”

 

(B) COUNCIL STANDING ORDER 14.6 – AMENDMENTS TO MOTIONS

 

The Constitution Review Working Party RECOMMENDED TO COUNCIL that the following wording be added to Standing Order 14.6:

 

“14.6(b – subsequent paragraphs re-numbered accordingly):

 

The Chairman may request the mover and seconder of the original Motion to indicate whether they are prepared to accept the amendment through its incorporation into their Motion. If they are willing to do so, and the mover of the amendment gives their consent, the original Motion will stand altered accordingly, the amendment shall be deemed withdrawn and debate proceed on the original Motion, as altered. If they are not willing to do so, consideration of the amendment shall proceed in accordance with the normal rules of debate.”

Decision:

 Council RESOLVED that:

 

(1)   The following wording be added to Standing Order 7.1 (proposed additions marked in bold):

 

The person presiding at the meeting may exercise any power or duty of the Chairman, except where there is equality of votes on an appointment, in which case the provisions of Standing Order 16.7 below shall be followed.  Where these Standing Orders apply to committee or sub-committee meetings, references to the Chairman also include the Chairman of committees and sub-committees.”

 

(2)   The following wording be added to Standing Order 7.2:

 

The Chairman of Council shall preside over the election of Chairmen of Committees and Sub-Committees of the Council. Where the Chairman of Council is not present, the Chief Executive or an officer nominated by him or her may preside at the election of the Chairman but shall not be entitled to vote. In the event of a tie, the provisions of Standing Order 16.7 below shall be followed.

(3)   The following wording be added to Council Standing Order 16.2:

If there are equal numbers of votes for and against, the Chairman will have a second or casting vote.  There will be no restriction on how the Chairman chooses to exercise a casting vote. This Standing Order shall not apply to situations in which there is equality of voting between two candidates on an appointment. In such cases, the provisions of Standing Order 16.7 below shall apply.”

 

(B) COUNCIL STANDING ORDER 14.6 – AMENDMENTS TO MOTIONS

 

Council RESOLVED that the following wording be added to Standing Order 14.6:

 

“14.6(b – subsequent paragraphs re-numbered accordingly):

 

The Chairman may request the mover and seconder of the original Motion to indicate whether they are prepared to accept the amendment through its incorporation into their Motion. If they are willing to do so, and the mover of the amendment gives consent, the original Motion will stand altered accordingly, the amendment shall be deemed withdrawn and debate proceed on the original Motion, as altered. If they are not willing to do so, consideration of the amendment shall proceed in accordance with the normal rules of debate.”

Minutes:

Councillor JH Stewart moved, Councillor RT Summerfield seconded and Council RESOLVED that:

 

(1)   The following wording be added to Standing Order 7.1 (proposed additions marked in bold):

 

The person presiding at the meeting may exercise any power or duty of the Chairman, except where there is equality of votes on an appointment, in which case the provisions of Standing Order 16.7 below shall be followed.  Where these Standing Orders apply to committee or sub-committee meetings, references to the Chairman also include the Chairman of committees and sub-committees.”

 

(2)   The following wording be added to Standing Order 7.2:

 

The Chairman of Council shall preside over the election of Chairmen of Committees and Sub-Committees of the Council. Where the Chairman of Council is not present, the Chief Executive or an officer nominated by him or her may preside at the election of the Chairman but shall not be entitled to vote. In the event of a tie, the provisions of Standing Order 16.7 below shall be followed.

(3)   The following wording be added to Council Standing Order 16.2:

If there are equal numbers of votes for and against, the Chairman will have a second or casting vote.  There will be no restriction on how the Chairman chooses to exercise a casting vote. This Standing Order shall not apply to situations in which there is equality of voting between two candidates on an appointment. In such cases, the provisions of Standing Order 16.7 below shall apply.”

 

(B) COUNCIL STANDING ORDER 14.6 – AMENDMENTS TO MOTIONS

 

Council RESOLVED that the following wording be added to Standing Order 14.6:

 

“14.6(b – subsequent paragraphs re-numbered accordingly):

 

The Chairman may request the mover and seconder of the original Motion to indicate whether they are prepared to accept the amendment through its incorporation into their Motion. If they are willing to do so, and the mover of the amendment gives consent, the original Motion will stand altered accordingly, the amendment shall be deemed withdrawn and debate proceed on the original Motion, as altered. If they are not willing to do so, consideration of the amendment shall proceed in accordance with the normal rules of debate.”

33b

Amendment to Article 15 - Review and revision of the Constitution (Constitution Review Working Party, 1 July 2008)

The Constitution Review Working Party RECOMMENDED TO COUNCIL:

 

(1) That the following additional paragraph to Article 15.03 be agreed:

 

‘The Chief Executive is authorised, in consultation with the Chairman and Leader of Council and Monitoring Officer, to agree and incorporate:

 

(a)   Factual changes to the Constitution, for example to reflect changes in job titles or the management structure, and

(b)   Changes which are required by new legislation which the Council has no choice but to make

A schedule detailed changes made under this provision shall be reported to the Annual Meeting of the Council.”

 

(2)   That the following change to Article 15.04 (Constitution Review Working Party) be agreed:

 

“The Council may establish a Constitution Review Working Party to bring forward proposals which, in the opinion of the Chief Executive and Monitoring Officer, entail substantive changes to the Constitution for consideration by the Council, excluding matters which are specifically included within the remit of other bodies of the Council.”

Decision:

Council RESOLVED:

 

(1) That the following additional paragraph to Article 15.03 be agreed:

 

‘The Chief Executive is authorised, in consultation with the Chairman and Leader of Council and Monitoring Officer, to agree and incorporate:

 

(a)   Factual changes to the Constitution, for example to reflect changes in job titles or the management structure, and

(b)   Changes which are required by new legislation which the Council has no choice but to make

A schedule detailing changes made under this provision shall be reported to the Annual Meeting of the Council.”

 

(2)   That the following change to Article 15.04 (Constitution Review Working Party) be agreed:

 

“The Council may establish a Constitution Review Working Party to bring forward proposals which, in the opinion of the Chief Executive and Monitoring Officer, entail substantive changes to the Constitution for consideration by the Council, excluding matters which are specifically included within the remit of other bodies of the Council.

Minutes:

Councillor JH Stewart moved, Councillor RT Summerfield seconded and Council RESOLVED:

 

(1) That the following additional paragraph to Article 15.03 be agreed:

 

‘The Chief Executive is authorised, in consultation with the Chairman and Leader of Council and Monitoring Officer, to agree and incorporate:

 

(a)   Factual changes to the Constitution, for example to reflect changes in job titles or the management structure, and

(b)   Changes which are required by new legislation which the Council has no choice but to make

A schedule detailing changes made under this provision shall be reported to the Annual Meeting of the Council.”

 

(2)   That the following change to Article 15.04 (Constitution Review Working Party) be agreed:

 

“The Council may establish a Constitution Review Working Party to bring forward proposals which, in the opinion of the Chief Executive and Monitoring Officer, entail substantive changes to the Constitution for consideration by the Council, excluding matters which are specifically included within the remit of other bodies of the Council.

34.

CONSULTATIONS ON MOVE TO FOUR-YEARLY ELECTIONS AND CHANGES TO EXECUTIVE ARRANGEMENTS pdf icon PDF 282 KB

Report and appendices attached. 

 

Recommendations – Move to Four-yearly elections (from paragraph 18 of the report)

 

Council is recommended to consider the issues set out in paragraphs 1-9 of the report and resolve:

 

(a)               To consult on a move to four-yearly elections.

(b)               That, subject to additional information being included explaining why the issue is being revisited at this time, the consultation exercise be undertaken based on the methods and timescale used 2006, final details to be agreed by the Chief Executive in consultation with the Chairman and Leader.

(c)               That the results of the consultation be submitted to an Extraordinary Meeting of Council in May 2009 for consideration.

 

Recommendations – Changes to Executive arrangements (from paragraph 19 of the report)

 

Council is recommended to resolve:

 

(a)   That an article explaining the proposed changes described in paragraph 13 of the report be included in the Winter 2008 issue of the Council’s residents’ magazine, and that the proposals be also publicised on the Council’s website and available to view at the Council Offices.

(b)   That the revised proposals be submitted to the Annual Meeting of Council on 21 May 2009 for adoption, such changes to have effect from this date.

Additional documents:

Decision:

Council RESOLVED:

 

(a)   Not to pursue a move to four-yearly elections further at this time.

(b)   That an article explaining proposed changes to executive arrangements, based on paragraph 13 of the report, be included in the Winter 2008 issue of the Council’s residents’ magazine, and that the proposals be also publicised on the Council’s website and available to view at the Council Offices.

(c)   That revised proposals in (2) above be submitted to the Annual Meeting of Council on 21 May 2009 for adoption, such changes to have effect from this date.

Minutes:

Council considered a report setting out proposed changes to the Council’s governance arrangements in respect of its electoral cycle and executive arrangements. The report recommended that Council consult on a possible move to four-yearly (all-out) elections, however it was not considered that a subsequent proposal to agree the change would receive the two thirds majority required for it to be passed; Members felt that, given this likely outcome, it was not appropriate to consult on the issue at this time.

 

Councillor RMA Manning moved, Councillor SM Edwards seconded and Council RESOLVED:

 

(a)   Not to pursue a move to four-yearly elections further at this time.

(b)   That an article explaining proposed changes to executive arrangements, based on paragraph 13 of the report, be included in the Winter 2008 issue of the Council’s residents’ magazine, and that the proposals be also publicised on the Council’s website and available to view at the Council Offices.

(c)   That revised proposals in (b) above be submitted to the Annual Meeting of Council on 21 May 2009 for adoption, such changes to have effect from this date.

35.

APPOINTMENT OF PARISH COUNCIL REPRESENTATIVES TO THE STANDARDS COMMITTEE 2008/09-2012/13

To note the appointments of Councillor Bob Bryant, Orwell Parish Council, and Councillor Chris Tomsett, Gamlingay Parish Council, to the Standards Committee as Parish Council Members to serve four-year terms ending 11 June 2012.

Decision:

Council NOTED the appointments of Councillor Bob Bryant, Orwell Parish Council, and Councillor Chris Tomsett, Gamlingay Parish Council, to the Standards Committee as Parish Council Members to serve four-year terms ending 11 June 2012. 

Minutes:

Council NOTED the appointments of Councillor Bob Bryant, Orwell Parish Council, and Councillor Chris Tomsett, Gamlingay Parish Council, to the Standards Committee as Parish Council Members to serve four-year terms ending 11 June 2012. 

36.

STANDARDS COMMITTEE PROCEDURES pdf icon PDF 132 KB

At its Annual Meeting on 22 May 2008, Council resolved, inter alia:

 

‘That authority be delegated to the Standards Committee to make all necessary amendments to the "Procedure for Local Investigation of Referred Complaints" and "Procedure for Local Standards Hearings" currently contained in Part 5 Section M and N of the Council's Constitution to take effect as amendments to the constitution immediately after the meeting of the Standards Committee on 11 June 2008 with the new procedures to be reported back to the next meeting of Council for information.’

 

The Committee agreed the necessary changes to these procedures at its meeting on 11 June 2008. The Committee also agreed new procedures for the local assessment and review of complaints, which, for consistency, Council is recommended to approve for incorporation in the Constitution alongside the investigation and hearing procedures.

 

RECOMMENDATION

 

That Council:

 

(1)   NOTE the incorporation of the new and revised procedures in Part 5 of the Constitution.

(2)   APPROVE the Procedures for the Local Assessment and Review of Complaints for incorporation into Part 5 of the Constitution.

 

The assessment, review, investigation and hearing procedure documents have been published with the electronic version of this agenda. To obtain a hard copy, please contact Democratic Services, telephone (01954) 713016 e-mail democratic.services@scambs.gov.uk

Additional documents:

Decision:

Council:

 

(1)   NOTED the incorporation of the revised procedures for the local investigation and hearing of complaint into Part 5 of the Constitution;

(2)   APPROVED the Procedures for the Local Assessment and Review of Complaints, attached to the electronic copy of the Agenda as agreed by the Standards Committee, for incorporation into Part 5 of the Constitution.

Minutes:

Council:

 

(1)   NOTED the incorporation of the revised procedures for the local investigation and hearing of complaint into Part 5 of the Constitution;

(2)   APPROVED the Procedures for the Local Assessment and Review of Complaints, attached to the electronic copy of the Agenda as agreed by the Standards Committee, for incorporation into Part 5 of the Constitution.

37.

APPOINTMENT TO THE SCRUTINY AND OVERVIEW COMMITTEE

To receive a request by the Convenor of the Independent Group to alter his group’s representation on the Scrutiny and Overview Committee through the appointment of Councillor Mrs DP Roberts in place of Councillor NS Davies. 

Decision:

Council RESOLVED that Councillor Mrs DP Roberts be appointed to the Scrutiny and Overview Committee in place of Councillor NS Davies. 

Minutes:

Council RESOLVED that Councillor Mrs DP Roberts be appointed to the Scrutiny and Overview Committee in place of Councillor NS Davies. 

38.

APPOINTMENT TO THE PAPWORTH HOSPITAL NHS FOUNDATION TRUST

Council, at its last meeting, deferred the appointment of a representative to the Papworth Hospital NHS Foundation Trust pending clarification of meeting dates and times for the Board of Governors.

 

Meetings of the Board of Governors are scheduled to take place on Thursday 18 September and Thursday 25 November 2008, both at 10.30am. Meeting dates for 2009 have yet to be confirmed, however it is anticipated that they will continue to be held on Thursday mornings at 10.30am.

 

Council is RECOMMENDED, in light of this additional information, to appoint a representative to the Papworth Hospital NHS Foundation Trust for a 4-year period ending on the date of the Annual Council Meeting in May 2012.

Decision:

Council RESOLVED that Councillor NIC Wright be appointed to the Papworth Hospital NHS Foundation Trust for a 4-year period ending on the date of the Annual Council Meeting in May 2012.

Minutes:

Councillor RMA Manning moved, Councillor SGM Kindersley seconded and Council RESOLVED that Councillor NIC Wright be appointed to the Papworth Hospital NHS Foundation Trust for a 4-year period ending on the date of the Annual Council Meeting in May 2012.

39.

UPDATES FROM MEMBERS APPOINTED TO OUTSIDE BODIES

Minutes:

Councillor R Hall advised that he had attended the last meeting of the Archives Advisory Group, held at Wisbech, at which the group had been advised of the opening of the newly-refurbished room for the Cambridgeshire Archives in April. Staff were also working with representatives of Jesus College on the fen drainage project.

 

Councillor MJ Mason provided a brief update on the work of the Cambridgeshire Guided Busway Local Liaision Forum, advising that he would circulate a full report covering a number of outstanding issues to Council in due course. He advised further that Bob Menzies, lead officer for the busway project at the county council, would be invited to the Scrutiny and Overview Committee in order to answer questions about the project. Councillor Mason reported that the Arbury section of the busway would not be guided.

 

Councillor RM Matthews advised that the Cambridge Airport Relocation Study Member Briefing had been disbanded.

 

Councillor Dr SEK van de Ven advised that the Meldreth Flood Avoidance Sub-Committee would shortly be holding an open day on a date which she should advise.

 

Councillor DH Morgan advised that the National Society for Clean Air and Environmental Protection had been made aware of new regulations regarding bio-fuel. Individuals would be entitled to produced up to 2,500 litres, at a cost of 15 pence per litre. Councillor Morgan advised that soap could be produced from the by-product of this process.

40.

NOTICES OF MOTION

40a

Standing in the name of Councillors PW Topping and RE Barrett

'Council considers that the current Standing Order 4.1(b) preventing substitution by Executive (Cabinet) members on committees is unduly restrictive and should be removed. The rule was introduced for consistency with the rule preventing Executive Members from sitting as ordinary members of committees. In several cases, application of this rule has prevented full attendance at committees which could otherwise have been achieved through substitution by experienced Councillors who have received the appropriate training. Such a situation is damaging for local democracy and has the potential to detract from the overall quality of decisions, therefore this Council resolvesthat Standing Order 4.1(b) be deleted.' 

Decision:

The Motion, on being put, was declared lost on the casting vote of the Chairman.

Minutes:

Councillor PW Topping moved and Councillor RE Barrett seconded a Motion in the following terms:

 

'Council considers that the current Standing Order 4.1(b) preventing substitution by Executive (Cabinet) members on committees is unduly restrictive and should be removed. The rule was introduced for consistency with the rule preventing Executive Members from sitting as ordinary members of committees. In several cases, application of this rule has prevented full attendance at committees which could otherwise have been achieved through substitution by experienced Councillors who have received the appropriate training. Such a situation is damaging for local democracy and has the potential to detract from the overall quality of decisions, therefore this Council resolvesthat Standing Order 4.1(b) be deleted.' 

 

Councillor NJ Scarr moved and Councillor A Riley seconded an amendment in the following terms (amendments marked in bold):

 

'Council considers that the current Standing Order 4.1(b) preventing substitution by Executive (Cabinet) members on committees is unduly restrictive and should be amended. The rule was introduced for consistency with the rule preventing Executive Members from sitting as ordinary members of committees. In several cases, application of this rule has prevented full attendance at committees which could otherwise have been achieved through substitution by experienced Councillors who have received the appropriate training. Such a situation is damaging for local democracy and has the potential to detract from the overall quality of decisions, therefore this Council resolvesthat Standing Order 4.1(b) be amended so that it no longer applies to meetings of the Planning and Licensing Committees.' 

 

Councillor Topping advised that he was not prepared to accept the amendment for incorporation into the Substantive Motion.

 

The amendment, on being put, was declared lost.

 

The Substantive Motion, on being put, was also declared lost on the casting vote of the Chairman.

40b

Standing in the names of Councillors SGM Kindersley and JF Williams

‘This Council deplores the appointment of a non-Executive Councillor to represent this Council's interests at the East of England Regional Assembly.’

Decision:

The Motion, on being put, was declared lost. 

Minutes:

Councillor SGM Kindersley moved and Councillor JF Williams seconded a Motion in the following terms:

 

‘This Council deplores the appointment of a non-Executive Councillor to represent this Council's interests at the East of England Regional Assembly.’

 

The Motion, on being put, was declared lost. 

40c

Standing in the name of Councillor Mrs DP Roberts

 'This Council is greatly concerned about the effect on its reputation following the disclosures that Cabinet Members' very public pronouncements regarding its policy and procedures on bin collection have proven not to have been true.'

Decision:

Following the consideration of issues relevant to the Motion by the Assessment Panel of the Standards Committee, the Chairman rejected the Motion under Standing Order 12.4 on the grounds that it would, if carried, represent a determination which would be contrary to, and therefore prejudice, the proper process for the consideration of complaints against councillors by the Standards Committee. 

Minutes:

Following the consideration of issues relevant to the Motion by the Assessment Panel of the Standards Committee, the Chairman rejected the Motion submitted by Councillor Mrs DP Roberts and set out under Agenda item 16(c). Under the terms of Council Standing Order 12.4, the Motion would, if carried, represent a resolution which would be contrary to, and therefore prejudice, the proper process for the consideration of complaints against councillors by the Standards Committee. 

41.

CHAIRMAN AND VICE-CHAIRMAN'S ENGAGEMENTS

To note the Chairman and Vice-Chairman’s engagements since the last Council meeting:

 

 

CHAIRMAN OF THE COUNCIL

Date

Venue / Event

23 May

Handover event at Milton Country Park

26 May

Laid wreath at American Cemetery, Madingley

27 May

Greeting HRH The Duchess of Gloucester at Papworth Hospital to celebrate 50 years of cardiac surgery

29 May

Cambridge City Council dinner in honour of the outgoing Mayor

25 June

Beating Retreat, Bassingbourn Barracks

27 June

Bourn Airfield to greet Swavesey Village College students receiving a community project award

1 July

Comberton Village College to greet the Earl of Wessex

 

 

VICE-CHAIRMAN OF THE COUNCIL

Date

Venue / Event

23 May

Handover event at Milton Country Park

8 June

TA 100-year at Ely Cathedral with Councillor Richard Barrett

20 June

Annual Tea Party with Mayor of Cambridge

21 June

Opening of Moat, Stapleford Primary School

6 July

Civic Service at Huntingdon with the Town Mayor

15 July

Civic Reception with the High Sheriff of Cambridgeshire

Minutes:

Council noted the list of engagements attended by the Chairman and Vice-Chairman of the Council since the last meeting.

 

The Vice-Chairman advised that, on 21 June 2008, he had also attended the opening of the Pavilion at Oakington. 

 

The Chairman advised that he had attended the Royal Garden Party on 15 July 2008 along with Councillors Mrs SJO Doggett and NJ Scarr. Councillors Scarr and Mrs Doggett thanked the Chairman for extending them the invitation.