Agenda and minutes

Apologies were received from Councillor Robin Bennett (substituted by Councillor Bethia Thomas).

Please see guidance note

There were no declarations of interest.

To approve the minutes of the meeting held on 22 June 2022.

The minutes of the meeting held on 22 June 2022 were approved and signed as an accurate record.

Members of the public who wish to speak at this meeting can attend the meeting in person or ‘virtually’ through an online connection. 

To facilitate ‘hybrid’ meetings we are asking that requests to speak are submitted by no later than 9am four working days before the meeting i.e., 9am on Monday 31 October 2022.  Requests to speak should be sent to colm.ocaomhanaigh@oxfordshire.gov.uk

If you are speaking ‘virtually’, you may submit a written statement of your presentation to ensure that if the technology fails, then your views can still be taken into account. A written copy of your statement can be provided no later than 9am 2 working days before the meeting. Written submissions should be no longer than 1 A4 sheet.

The Chair agreed to one request to speak.

Gill Bindoff reminded the Committee that Watlington Parish Council had been negotiating over the Trust for ten years.  They believed that they could manage it more effectively.  They hoped that the library would continue to flourish.  They planned to refurbish the cottage.  They wanted to work collaboratively with the Council on this.

The Chair invited questions to the speaker and Gill Bindoff responded as follows:

·       There were no costings yet on the refurbishment.  They would need an engineer’s report as there were likely structural problems.  It was hoped to raise sufficient funds for this from various sources.  If the cottage could be refurbished and let out, that would provide funds for the Trust in the long term.

·       She was not suggesting it would be easy to raise the funds but OCC did not have the money either.

·       They were initially planning to make the cottage safe and to construct a community building in the long garden to connect with the library extension.

·       She hoped the Committee would support the transfer of the Trusteeship in principle.  She hoped they could negotiate over OCC’s professional costs.  The cost of repair would have been much less if there had been proper maintenance by OCC.

RESOLVED that the public be excluded since it is likely that if they were present during the discussions there would be a disclosure of "exempt" information as described in Part I of Schedule 12A to the Local Government Act, 1972 and specified below the item in the Agenda.

To approve the exempt minutes of the meeting held on 22 June 2022 and to receive information arising from them.

The information in this case is exempt in that it falls within the following prescribed categories:

3. Information relating to the financial or business affairs of any particular person (including the authority holding that information) and since it is considered that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

5. Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

The exempt minutes of the meeting held on 22 June 2022 were approved and signed as an accurate record.

The information in the Annexes in this case is exempt in that it falls within the following prescribed category:

3. Information relating to the financial or business affairs of any particular person (including the authority holding that information) and since it is considered that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

5. Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings

If members are satisfied, having considered the legal advice at Annex 1 to this report and the presentation received from Watlington Parish Council at the meeting on 22 June 2022, that transferring the trusteeship and assets of the Charlotte Coxe Trust to Watlington Parish Council with a “rent free” lease back of the library space to Oxfordshire County Council is appropriate,  the Committee is RECOMMENDED to:

a)              Approve the transfer of the trusteeship and assets of the Charlotte Coxe Trust from Oxfordshire County Council to Watlington Parish Council, provided that Watlington Parish Council provides an indemnity in respect of liabilities which arise after the date of the transfer;

b)              At the time of the transfer, place a legal obligation on Watlington Parish Council to grant a lease of Watlington Library back to Oxfordshire County Council on the terms summarised in Annex 5; and

c)               Request Oxfordshire County Council to report to the Committee after completion of the transfer with a justification of any professional fees requested for the financial, legal and estates work its officers have carried out, which it (or the Committee) may then seek to recover from the Trust.

The information in the Annexes in this case is exempt in that it falls within the following prescribed category:

3. Information relating to the financial or business affairs of any particular person (including the authority holding that information) and since it is considered that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

5. Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings

RESOLVED to:

a)              Approve the transfer of the trusteeship and assets of the Charlotte Coxe Trust from Oxfordshire County Council to Watlington Parish Council, provided that Watlington Parish Council provides an indemnity in respect of liabilities which arise after the date of the transfer;

b)              At the time of the transfer, place a legal obligation on Watlington Parish Council to grant a lease of Watlington Library back to Oxfordshire County Council on the terms summarised in Annex 5; and

c)              Request Oxfordshire County Council to report to the Committee after completion of the transfer with a justification of any professional fees requested for the financial, legal and estates work its officers have carried out, which it (or the Committee) may then seek to recover from the Trust.