Agenda, decisions and minutes

Chairman’s Charity 2008-2009

The Chairman of Council presented a cheque for £1,370 to Laura Holland, Area Volunteer Manager of Cancer Research UK, his nominated charity for the 2008-2009 Civic Year.

Presentation of badges to past Chairmen of the Council

The Chairman of Council presented official badges to previous holders of office, advising that he considered it appropriate for past Chairmen of Council to receive small tokens in recognition of their periods of service, which they could wear at subsequent civic events. The following past Chairmen were present to collect their badges:

Mrs. Roberta Cannon (1981-83)

Mrs. Daphne Spink MBE (1988-90)

Mr. Eustace Bullman (1992-94)

Mr. Alan Wyatt (1998-2000)

Mr. George Elsbury (2001-03)

Mrs. Cicely Murfitt (2005-07)

The Chief Executive presented the apologies of the following office-holders who had indicated they were unable to attend:

Mr. Joe Brown (1979-81)

Mr. Kenneth Collett (1983-85)

Dr. Charles Attwood (1987-88)

Mrs. Shirley Saunders (1996-98)

Mr. Simon Kime (2000-01)

Mr. Bob Bryant (2003-05)

(Note – since this meeting, the Council has been advised of the sad death of former Councillor Mr. Joe Brown).

To elect the Chairman of the Council for the 2009-2010 Civic Year.

In accordance with Council Standing Orders 7.3-7.4, where the Chairman of Council is retiring, he should preside over the election of his successor. All nominees for the Chairmanship shall leave the room prior to the Council voting upon it. 

Council RESOLVED that Councillor CR Nightingale be elected Chairman of the Council for the 2009-2010 Civic Year. 

On the nomination of Councillor RMA Manning, seconded by Councillor SGM Kindersley, and there being no further nomination, Council

RESOLVED that Councillor CR Nightingale be elected Chairman of the Council for the 2009-2010 Civic Year. 

Before relinquishing the Chairmanship, Councillor JH Stewart thanked staff and Members for their support and assistance during his term of office, especially the Vice-Chairman of Council and Chief Executive.

Councillor RMA Manning, Leader of the Council, and Councillor SGM Kindersley, Leader of the Major Opposition Group, paid tribute to Councillor Stewart as an outstanding Chairman who had been an excellent civic leader for the district and had chaired Council meetings in an equitable and highly skilful manner.

Councillor CR Nightingale took the Chair, accepted the office and signed the declaration of acceptance. He thanked Council for electing him as Chairman and advised that he considered it to be an honour and a privilege. Councillor Nightingale presented Councillor Stewart with gifts to mark his departure from office, along with the past Chairman’s badge.

Council was advised that the Chairman’s charities for the coming year would be the East Anglian Air Ambulance and Help for Heroes. The Chairman advised he would be taking the salute at Waterbeach on 29 May.

To appoint the Vice-Chairman of the Council for the 2009-2010 Civic Year. 

Council RESOLVED that Councillor AG Orgee be appointed Vice-Chairman of the Council for the 2009-2010 Civic Year. 

It was proposed by Councillor RMA Manning, seconded by Councillor SGM Kindersley and, there being no other nominations, RESOLVED that Councillor AG Orgee be appointed Vice-Chairman of the Council for the 2009-2010 Civic Year.

Councillor Orgee announced his resignation from the Cabinet with immediate effect before signing the Declaration of Acceptance of Office. He thanked Council for his appointment and advised that he would endeavour to perform the role in a fair and open manner and meet the standards of the previous postholders as ambassadors for the district. 

There were no declarations of interest. 

To authorise the Chairman to sign the Minutes of the meetings held on 23 April 2009 as correct records (attached).

Council RESOLVED that the Minutes of the Meetings held on 23 April 2009 be approved as correct records and signed by the Chairman, subject to the inclusion of Councillor Mrs PM Bear on the list of attendees for the Extraordinary Meeting of Council. 

Members will be advised that, in the event that the housing futures ballot results in a vote in favour of stock transfer, the Chairman will be requested to call an Extraordinary Meeting of Council to consider the resolutions which would be required to take the issue forward. The provisional date for this meeting is Thursday 18 June 2009 at 2.00pm, and Members are asked to make a note in their diaries.

The Chairman requested that Members note that an Extraordinary Meeting had provisionally been scheduled to take place on Thursday 18 June 2009, dependent on the outcome of the tenant ballot on the future of the housing stock, which was underway.

The Chairman advised that he would be inviting parish councils to attend future Council meetings as his guests, undertake a tour of the offices and meet Members of the Cabinet.

To elect a Leader of the Council. The Leader shall hold office until the date of the Annual Meeting of Council following the normal date of his/her retirement as a councillor, subject to the provisions of Article 7.03(iv) setting out the circumstances in which the term office may end earlier.

The Leader shall, if the information is available, notify Council of the number of members he/she is appointed to the Executive (Cabinet), their names and their portfolios, and shall present his/her Scheme of Delegation of Executive Functions. 

Council RESOLVED that Councillor RMA Manning be elected Leader of the Council, to serve a term of office ending on the date of the Annual Council Meeting following the date of his normal retirement as a Councillor, the relevant date of retirement to follow the Local Elections in 2012. 

Council NOTED the names of the members appointed by the Leader to the Cabinet, their names and their Portfolios, along with the Leader of the Council’s Scheme of Delegation of Executive Functions.

(Both documents are attached)

It was proposed by Councillor SM Edwards, seconded by Councillor MP Howell and, there being no other nominations, RESOLVED that Councillor RMA Manning be elected Leader of the Council, to serve a term of office ending on the date of the Annual Council Meeting following the date of his normal retirement as a Councillor, the relevant date of retirement to follow the Local Elections in 2012. 

Councillor Manning thanked Council for electing him and Cabinet Members for their work over the past year, especially that of Councillor Orgee, who had resigned to take up office as Vice-Chairman of the Council.

The Leader announcedthe names of the members appointed by the Leader to the Cabinet, their names and their Portfolios, along with his Scheme of Delegation of Executive Functions (Both documents are attached). The Leader welcomed Councillor TD Bygott as a new Member of the Cabinet.

No Member questions had been received by the deadline of Tuesday 12 May. The deadline for the receipt of questions from the public is 12 noon on Monday 18 May. Questions received between the publication of this Agenda and the deadline will be circulated as soon as they are received. 

There were no public or Member questions. 

To note all petitions received since the last Council meeting.

No petitions had been submitted since the last meeting. 

Council is RECOMMENDED:

(1)   To establish the following committees for the 2009-2010 municipal year, comprising the numbers of Members stated in brackets:

·         Corporate Governance Committee (7 Members)

·         Electoral Arrangements Committee (7 Members)

·         Employment Committee (7 Members)

·         Licensing Committee (15 Members)

·         Planning Committee (14 Members)

·         Scrutiny and Overview Committee (12 Members)

(2) That the Terms of Reference for the above committees be as set out in Article 6 and Part 3, Table One of the Council’s Constitution.

Councillor Mrs HM Smith has given notice that she would wish to make the following alternative proposal or amendment at the meeting:

‘As the Balsham seat is vacant, the arithmetic of committee proportionality leads to a dead heat for the 12th place on the Scrutiny and Overview Committee, between the Conservatives and the Liberal Democrats. We would therefore propose that there be 13 places on the Scrutiny and Overview Committee to resolve the situation.’

 Council RESOLVED:

(1)   That the following committees be established for the 2009-2010 municipal year, comprising the numbers of Members stated in brackets:

·         Corporate Governance Committee (7 Members)

·         Electoral Arrangements Committee (7 Members)

·         Employment Committee (7 Members)

·         Licensing Committee (15 Members)

·         Planning Committee (14 Members)

·         Scrutiny and Overview Committee (12 Members)

(2) That the Terms of Reference for the above committees be as set out in Article 6 and Part 3, Table One of the Council’s Constitution.

Council RESOLVED, with no Members voting against:

(1)   That the following committees be established for the 2009-2010 municipal year, comprising the numbers of Members stated in brackets:

·         Corporate Governance Committee (7 Members)

·         Electoral Arrangements Committee (7 Members)

·         Employment Committee (7 Members)

·         Licensing Committee (15 Members)

·         Planning Committee (14 Members)

·         Scrutiny and Overview Committee (12 Members)

(2) That the Terms of Reference for the above committees be as set out in Article 6 and Part 3, Table One of the Council’s Constitution.

(1)               Council is required to appoint Members to its Committees. In accordance with the provisions of the Local Government and Housing Act 1989 and the Council Resolution in May 2006 to introduce proportionality, Council is required to allocate seats to political groups on committees and joint committees in accordance with the rules of political balance. In making such appointments, Council is required to adhere to the following principles set out in Section 15(5) of the Act:

(i)                 Not all seats are allocated to the same political group;

(ii)                The majority group should be allocated the majority of seats on each committee;

(iii)              Subject to (i)-(ii) above, that the number of seats on committees allocated to each political group bears the same proportion to the total of all the seats on the ordinary committees (62 seats) as the number of members of each group to the membership of the authority (56 Members); and:

(iv)              subject to (i)-(iii) above, that the number of the seats on each committee allocated to each political group is in the same proportion to the total number of seats on that body as the number of members of that group to the membership of the authority.

(2)               The Council’s current political balance is as follows (a vacancy has arisen, following the resignation of Mrs. VG Ford on 23 April 2009):

(3)               Non-group Councillors have no entitlement to seats on committees and do not have to be allocated seats on any committee. Council previously resolved, however, that every non-Executive Member of the Council should be afforded the opportunity to sit on at least one of the following Council bodies:

(a)               Planning Committee;

(b)               Licensing Committee, Licensing Committee (2003 Act), Licensing Committee (2005 Gambling Act);

(c)               Scrutiny and Overview Committee;

(d)               Employment Committee;

(e)               Electoral Arrangements Committee;

(f)                 Corporate Governance Committee.

(4)               The membership of groups in proportion to the total membership of the Council is as follows:

The non-group Councillors (Councillor Cathcart and Councillor Mrs. Murfitt) together make up 3.57% of the total membership of the Council.

(5)               Table 1 below set outs an allocation of seats on Committees, based on the percentage of seats on the Council held by each group:

TABLE 1 ALLOCATION OF SEATS ON COMMITTEES FOR 2009-2010 TO THE COUNCIL’S POLITICAL GROUPS

(6)               During 2008-2009, the Liberal Democrat group relinquished one seat on the Licensing Committees to Councillor Mrs CAED  ...  view the full agenda text for item 10.

Council RESOLVED  

(1)   That seats be allocated on committees in accordance with Table 2 at Agenda page (v);

(2)   That, based on the allocations at (1) above, and the requirement for political proportionality, the following appointments to Committees be made for the 2009-2010 civic year:

Licensing Committee, Licensing Committee (2003 Act), Licensing Committee (2005 Gambling Act)

15 Members

Planning Committee

14 Members

Scrutiny and Overview Committee

12 Members

Employment Committee

7 Members

*Plus the Portfolio Holder with responsibility for staffing matters, SM Edwards

Electoral Arrangements Committee

7 Members

Corporate Governance Committee

7 Members

Council RESOLVED, with no Members voting against: 

(1)   That seats be allocated on committees in accordance with the following table:

PROPOSED ALLOCATIONS OF SEATS ON COMMITTEES – GROUP AND NON-GROUP COUNCILLORS

(2)   That, based on the allocations in the above table, and the requirement for political proportionality, the following appointments to Committees be made for the 2009-2010 civic year:

Licensing Committee, Licensing Committee (2003 Act), Licensing Committee (2005 Gambling Act)

15 Members

Planning Committee

14 Members

Scrutiny and Overview Committee

12 Members

Employment Committee

7 Members*

*Plus the Portfolio Holder with responsibility for staffing matters, SM Edwards

Electoral Arrangements Committee

7 Members

Corporate Governance Committee

7 Members

Council is RECOMMENDED TO RESOLVE that seats be allocated, and appointments made, to the following Joint Committees in accordance with the table below, and based on the requirement for political proportionality:

A request for nominations, based on the above table, has been made to Group Leaders and the Convenor of the Independent Group. Details of the nominations will be circulated to Council as soon as they are available.

Council RESOLVED that seats be allocated, and appointments made, to the following Joint Committees:

 Northstowe Joint Development Control Committee

6 Members

Fringe Sites Joint Development Control Committee

6 Members (plus 3 alternatives and one spokesperson)

Joint Planning Policy Committee

3 Members (plus one substitute per group)

Council RESOLVED that seats be allocated, and appointments made, to the following Joint Committees:

 Northstowe Joint Development Control Committee

6 Members

Fringe Sites Joint Development Control Committee

6 Members (plus 3 alternatives and one spokesperson)

Joint Planning Policy Committee

3 Members (plus one substitute per group)

This is a standing working party of Council. In accordance with a previous Resolution the working party shall comprise the Leader, Deputy Leader, Chairman of the Council and the Chairman or Vice-Chairman of the Scrutiny and Overview Committee plus one representative of each of the political groups.

A request for nominations to the working party has been made to Group Leaders and the Convenor of the Independent Group. Details of the nominations will be circulated to Council as soon as they are available.

RECOMMENDATION

That the Leader, Deputy Leader, Chairman of Council and Chairman or Vice-Chairman of the Scrutiny and Overview Committee be appointed to the Constitution Review Working Party for 2009-2010, along with one representative of each of the political groups. 

Council RESOLVED that the Leader, Deputy Leader, Chairman of the Council and Chairman of the Scrutiny and Overview Committee be appointed to the Constitution Review Working Party for the 2009-2010 Civic Year, along with the following representatives from the political groups:

Council RESOLVED that the Leader, Deputy Leader, Chairman of the Council and Chairman of the Scrutiny and Overview Committee be appointed to the Constitution Review Working Party for the 2009-2010 Civic Year, along with the following representatives from the political groups:

To appoint nine Members to the Climate Change Working Group in accordance with the requirements of political proportionality.

A request for nominations to the working party has been made to Group Leaders and the Convenor of the Independent Group. Details of the nominations will be circulated to Council as soon as they are available.

RECOMMENDATION

That 9 Members be appointed to be Climate Change Working Group for 2009-2010, appointments to be made in accordance with political proportionality. 

Council RESOLVED that the following Members be appointed to the Climate Change Working Group in accordance with the requirements of political proportionality:

 9 Members

Council RESOLVED that the following Members be appointed to the Climate Change Working Group in accordance with the requirements of political proportionality:

 9 Members

At this point in proceedings, Council is RECOMMENDED to resolve that the meeting be adjourned to allow the following Committees and Working Groups of the Council to elect their Chairmen and Vice-Chairmen for the 2009-2010 Civic Year, to reconvene following the conclusion of the meeting of the Constitution Review Working Party:

- Corporate Governance Committee

- Electoral Arrangements Committee;

- Employment Committee;

- Planning Committee – also to appoint the Planning Sub-Committee;

- Planning Sub-Committee;

- Scrutiny and Overview Committee;

- Climate Change Working Group;

- Constitution Review Working Party.

Agenda for each of the above meetings are attached.

Council adjourned to allow its Committees, Sub-Committees and Working Groups to elect their Chairmen and Vice-Chairmen for the 2009-2010 Civic Year. Chairmen and Vice-Chairmen were elected as follows:

Council RESOLVED the meeting be adjourned to allow Committees, Sub-Committees and Working Groups to elect their Chairmen and Vice-Chairmen for the 2009-2010 Civic Year, the meeting to reconvene following the meeting of the Climate Change Working Group.

To make appointments to outside, joint and other Member bodies where appointments are required annually existing terms of office have concluded and where other vacancies have arisen.

Details of the appointments required, along with background information where relevant, are attached. This document has been circulated separately to Group Leaders and the Convenor of the Independent Group. Details of nominations will be advised at the meeting.

RECOMMENDATION

That Council make appointments to outside, joint and other Member bodies as directed within the attached schedule.

Council RESOLVED to appoint Members to outside, joint and other Member bodies as follows:

Council RESOLVED to appoint Members to outside, joint and other Member bodies as follows:

To receive the Annual Report into Scrutiny and Overview at South Cambridgeshire District Council (enclosed separately).

The report is also available to view with the electronic version of the Agenda; please use the following link to the Council's website, www.scambs.gov.uk

Council received the Annual Report into Scrutiny and Overview at South Cambridgeshire District Council. 

Council received the Annual Report into Scrutiny and Overview at South Cambridgeshire District Council. 

Councillor JD Batchelor, Chairman of the Scrutiny and Overview Committee, introduced the report. He stated that the Committee’s hard work had added real value to the Council over the past year through the completion of Member-led task and finish groups. Councillor Batchelor drew particular attention to the work of the Orchard Park Task and Finish Group, whose work had been shortlisted for a national Scrutiny award. He thanked Members of the Committee and the Scrutiny Development Officer for their contributions to the Committee’s successes.

Councillor JA Hockney, Vice-Chairman of the Scrutiny and Overview Committee, extended similar thanks to Members and to the Scrutiny Development Officer, who had assisted in the production of a high-quality report. Councillor Hockney went on to thank the Chief Executive and Cabinet for their support for scrutiny reviews, which had been challenging but necessary.

The Chairman of the Standards Committee will make a short presentation on the Committee’s activities over the past year, and looking ahead to its work programme for the next twelve months. A covering report is attached. 

Council received the Annual Report of the Standards Committee and a presentation by the Chairman of the Committee.

Council received the Annual Report of the Standards Committee and a presentation by Ms. Georgina Butcher, independent Chairman of the Committee. Ms Butcher’s presentation set out the Committee’s principal aims to raise awareness of the Code of Conduct amongst Members and officers and promote the highest standards of behaviour and probity amongst district and parish councillors. It would do so by adopting the following approaches:

·         Working with councillors to promote the positive aspects of their work;

·         Encouraging debate on issues relevant to the Code, in partnership with the Standards Board for England;

·         Raising understanding of the value of effective working with Officers and Members;

·         Working with members of the Standards Committee to develop understanding of the code through discussions and training.

The Committee would be undertaking a number of key actions within each of these areas, and would be seeking to work closely with other committees with responsibility for different aspects of the effective corporate governance of the Council in meeting its strategic aims.

Councillors asked questions and made comments on the report and presentation before thanking Ms. Butcher for an interesting and informative briefing.

 Report attached.

Council NOTED the amounts written off under delegated powers, as set out in the report. 

Council NOTED the amounts written off under delegated powers, as set out in the report. 

In introducing the report, Councillor SM Edwards, Finance and Staffing Portfolio Holder, stated that the year-on-year comparison of amounts written off showed that amounts were reducing; however, this was likely to be partly attributable to smaller businesses feeling the adverse effects of the economic downturn. Councillor Edwards hoped that the work the Cabinet Champion for Business and Employment could address this issue as part of his remit over the coming year.

In commenting on the reports, Council requested that Local Ward Members’ knowledge of local circumstances could be of great benefit in maintaining the Council’s high collection rates and minimising the requirement to write-off debts considered to be irrecoverable. The Principal Solicitor advised that Local Ward Members and officers must be mindful of their obligations under data protection legislation although government was keen to see information sharing to assist with issues such as fraud prevention. She indicated that she would instruct the Senior Lawyer to consider whether an information-sharing protocol to facilitate the use of Local Ward Members’ knowledge could be lawfully introduced.

The Leader of the Council stated that only a tiny proportion of the total amounts due to the Council had been written off. As such, he congratulated officers for their hard work in contributing to the Council’s impressive collection performance.

The Chairman has expressed a wish that reports under this item should be submitted to Democratic Services for publication with the Agenda, not made at the meeting as verbal updates.

No written updates had been received at the time of publication of the Agenda. 

The Chairman clarified that future updates under this item would only be allowed where the Member had been formally appointed to the outside organisation by the Council or Cabinet. As requested by the previous Chairman, reports should be made in writing and published with the Agenda, except where the update contained matters of genuine urgency.

Councillor MJ Mason advised that the Internal Drainage Boards upon which he was the Council’s appointee were considering their responses to the consultation exercise in respect of the Flood and Water Management Bill. He requested that the Sustainability, Procurement and Efficiency Portfolio Holder consider the issue at a future meeting, as there were potentially significant issues for the Council arising. Councillor Mason apologised that the number of meetings he was attending on this issue had prevented him from having time to have produced a written report. Councillor TD Bygott, Sustainability, Procurement and Efficiency Portfolio Holder, advised that he looked forward to working with Councillor Mason in taking forward the issues raised.

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

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

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