Agenda and minutes

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

There were no declarations of interest.

To receive communications from the Chairman and/or the Leader of the Council.

The Chairman announced that he had been informed of that former Councillor Tony Talents had sadly passed away. Tony was Chairman from 1987 to 1989 and again from 1989 to 1990. Council observed a period of silence in his memory.

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

There were no petitions or requests to address the meeting.

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

There were no items of urgent business.

To confirm as a correct record the Minutes of Council held on 30 January 2012.

The minutes of the meeting held on 30 January 2012 were agreed as a correct record and signed by the Chairman.

a)         Minutes of Executive, Lead Member Decisions and Executive Decisions not included in the Forward Plan

The Leader of the Council to formally propose that the minutes of the meetings of the Executive and Lead Member Decisions as set out in the Minute Book (circulated separately) be received and to report that since the last meeting one decision had been taken by the Executive which was included in the Forward Plan but was taken a month earlier. This item related to the contract for dry recyclables and needed to be taken earlier as the proposed start date of the contract was before the next meeting of the Executive.

b)         Minutes of Committees

The Leader of the Council to formally propose that the minutes of committees as set out in the Minute Book (circulated separately) be received.

a)                 Minutes of the Executive, Lead Member Decisions and Executive Decisions made under Special Urgency

Resolved

That the minutes of the meeting of the Executive and Lead Member decisions as set out in the Minute Book be received and that it be noted that since the last meeting of Council, one Executive decision had been taken that was subject to the special urgency provisions of the Constitution. The item related to the contract for dry recyclables and whilst included in the Forward Plan it needed to be taken a month earlier than published as the proposed start date of the contract was before the next meeting of the Executive.

b)                 Minutes of Committees

Resolved

That the minutes of Committees as set out in the Minute Book be received.

a)         Written Questions

            To receive any written questions and answers which have been submitted with advance notice in accordance with the constitution. A written response to the question will be circulated at the meeting.

b)         Questions to the Leader of the Council

The Chairman to invite questions to the Leader of the Council (including any matters arising from the minutes).

Following a response to their question being provided members will be entitled to a follow up or supplementary question.

c)         Questions to Committee Chairmen on the minutes

The Chairman to invite questions to Chairmen of Committees on any matter arising from the minutes of their committee (if any).

a) Written Questions

There were no written questions.

b) Questions to the Leader of the Council

Questions were asked and answers received on the following issues:

National Planning Framework housing numbers: Councillor Lawrie Stratford

Bicester Hospital: Councillor Sibley

Free weekend car parking: Councillor Sibley       

Dial a Ride: Councillor Sibley         

c) Questions to Committee Chairmen on the minutes

There were no questions to Committee Chairman on the minutes of meetings.

To debate any motions which have been submitted with advance notice, in accordance with the constitution.

There were no motions.

Report of Head of Law and Governance

Summary

To consider and determine the levels of the allowances to be paid to Members for the forthcoming 2012/2013 financial year following the submission of the report of the Council’s Independent Remuneration Panel (IRP) on the review of the 2011/2012 Members’ Allowances Scheme.

Recommendations

Council is recommended to:

(1)               Consider the levels of allowances to be included in the 2012/13 Members’ Allowances Scheme, and whether the Panel’s recommendations should be adopted or modified in any way.

(2)               Authorise the Head of Law and Governance to prepare an amended Members’ Allowances Scheme, in accordance with the decisions of the Council for implementation with effect from 1 April 2012.

(3)               Authorise the Head of Law and Governance to take all necessary action to revoke the current (2011/12) Scheme and to publicise the revised Scheme pursuant to The Local Authorities (Members’ Allowances) (England) Regulations 2003 (as amended).

(4)               Thank the Independent Remuneration Panel for its thorough and detailed report and set a fee of £300 for IRP Panel Members for the work carried out in 2011/12 and propose the same level of fee for 2012/13.

The Head of Law and Governance submitted a report to consider and determine the levels of the allowances to be paid to Members for the forthcoming 2012/2013 financial year following the submission of the report of the Council’s Independent Remuneration Panel (IRP) on the review of the 2011/2012 Members’ Allowances Scheme.

Resolved

(1)               That the level of allowances to be included in the 2012/13 Members’ Allowances Scheme, be agreed as set out in the annex to the minutes (as set out in the minute book).

(2)               That the Head of Law and Governance be authorised to prepare an amended Members’ Allowances Scheme, in accordance with the decisions of Council for implementation with effect from 1 April 2012.

(3)               That the Head of Law and Governance be authorised to take all necessary action to revoke the current (2011/12) Scheme and to publicise the revised Scheme pursuant to The Local Authorities (Members’ Allowances) (England) Regulations 2003 (as amended).

(4)               That the Independent Remuneration Panel be thanked for its thorough and detailed report and set a fee of £300 be paid to IRP Panel Members for the work carried out in 2011/12 and the same level of fee for 2012/13 be agreed.

Please note the Budget Book (Appendix 1) will be circulated on 22 February 2012

Report of the Chief Financial Officer (Director of Resources) and Head of Finance and Procurement

Summary

To review the Council’s General Fund Budget, Capital Programme, Earmarked Reserves and General Fund Balances to ensure the robustness of the estimates included and to seek formal adoption of all parts of the Council’s financial plans, treasury strategy and Corporate Plan for the 2012/13 budget year.

Recommendations

Council is recommended to:

(1)               Consider the contents of this report in approving the General Fund Budget and Capital Programme for 2012/13 and to formally record that consideration.

(2)               Approve the 2012/13 General Fund Budget and Capital Programme proposed by the Executive on 6 February 2012, with a final Collection Fund adjustment of £2k.

(3)               Approve the Collection Fund Estimates contained the Budget Book.

(4)               Approve the Corporate Plan as detailed in the Budget Book.

(5)               Approve the 2012/13 Treasury Strategy as outlined in Appendix 3

(6)               Approve the prudential indicators as outlined in Appendix 3 – Annex 1.

(7)               Approve the Council’s adoption of the revised CIPFA Treasury Management and Prudential Codes published in November 2011.

The Chairman outlined that it was customary during the budget debate to suspend standing orders with regard to the duration of speeches by proposers of motions and amendments, also the order of dealing with and speaking on amendments. It was also agreed that the Estimates would be taken as one integrated set of financial figures and that the revenue and capital estimates, the Collection Fund Estimates 20112012 and the Corporate Plan and the Service Plans would not be debated separately.

Members signified agreement that  speeches made by Group Leaders or any Member proposing the Budget, an alternative Budget, any amendments or commenting on the Budget would not be time limited.

The Chief Financial Officer (Director of Resources) and Head of Finance and Procurement submitted a report to review the Council’s General Fund Budget, Capital Programme, Earmarked Reserves and General Fund Balances to ensure the robustness of the estimates included and to seek formal adoption of all parts of the Council’s financial plans, treasury strategy and Corporate Plan for the 2012/13 budget year. Councillor Atack introduced the report and set out the proposed budget for the year.

The Leader of the Council, Leader of the Opposition and the Leader of the Liberal Democrat Group responded to the budget. The budget was debated at length by Members, during which no amendments were moved.

Resolved

(1)               That the contents of the report in approving the General Fund Budget and Capital Programme for 2012/13 be noted.

(2)               That the 2012/13 General Fund Budget and Capital Programme considered by the Executive on 6 February 2012, with a final Collection Fund adjustment of £2k be approved.

(3)               That the Collection Fund Estimates contained in the Budget Book be approved.

(4)               That the Corporate Plan as detailed in the Budget Book be approved.

(5)               That the 2012/13 Treasury Strategy as outlined in Appendix 3 (set out in the annex to the minutes, as set out in the minute book) be approved

(6)               That the prudential indicators as outlined in Appendix 3 – Annex 1 (set out in the annex to the minutes, as set out in the minute book) be approved.

(7)               That the Council’s adoption of the revised CIPFA Treasury Management and Prudential Codes published in November 2011 be approved.

Report of the Chief Finance Officer (Director of Resources) and Head of Finance and Procurement

Summary

To detail the Calculations for the amounts of Council Tax for 2012/13 and the setting of Council Tax for 2012/2013.

Recommendations

It is recommended that the Council resolves:-

(1)               That it be noted that at its meeting held on 9 January 2012 the Executive calculated the Council Tax Base 2012/13:

a)                 for the whole Council area as 50,615 [item T in the formula in Section 31B of the Local Government Finance Act 1992, as amended (the “Act”)]; and

b)                 For dwellings in those parts of its area to which a Parish Precept relates as in the attached Appendix 1.

(2)               That the Council Tax requirement for the Council’s own purposes for 2012/13 (excluding Parish Precepts and Special Expenses) is £123.50.

(3)               That the following amounts be calculated for the year 2012/13 in accordance with Sections 31 to 36 of the Act:-

a)                 £76,018,304 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(2) of the Act, taking into account all precepts issued to it by Parish Councils and any additional special expenses.

b)                 £65,678,445 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A (3) of the Act.

c)                 £10,339,859 being the amount by which the aggregate at 8(a) above exceeds the aggregate at 8(b) above, calculated by the Council, in accordance with Section 31A(4) of the Act, as its Council Tax requirement for the year (Item R in the formula in Section 31B of the Act).

d)                 £204.28 being the amount at 8(c) above (Item R), all divided by Item T (6(a) above), calculated by the Council, in accordance with Section 31B of the Act, as the basic amount of its Council Tax for the year (including Parish Precepts and Special Expenses);

e)                 £4,088,906 being the aggregate amount of all special items (Parish Precepts and Special Expenses) referred to in Section 34(1) of the Act as per the attached Schedule 2.

f)                    £123.50 being the amount at 8(d) above less the result given by dividing the amount at 8(e) above by Item T(6(a) above), calculated by the Council, in accordance with Section 34(2) of the Act, as the basic amount of its Council Tax for the year for dwellings in those parts of its area to which no Parish Precept or special item relates;

(4)       It be noted that for the year 2012/13 the Oxfordshire County Council and  the Thames Valley Policy Authority have issued precepts to the Council, in accordance with Section 40 of the Local Government Finance Act 1992, for each category of dwellings in the Council’s area as indicated below :-

(5)       The Council, in accordance with Sections 30  ...  view the full agenda text for item 86.

The Chief Finance Officer (Director of Resources) and Head of Finance and Procurement submitted a report to detail the Calculations for the amounts of Council Tax for 2012/13 and the setting of Council Tax for 2012/13.

Resolved

(1)               That it be noted that at its meeting held on 9 January 2012 the Executive calculated the Council Tax Base 2012/13:

a)                 for the whole Council area as 50,615 [item T in the formula in Section 31B of the Local Government Finance Act 1992, as amended (the “Act”)]; and

b)                 For dwellings in those parts of its area to which a Parish Precept relates as in the attached Appendix 1(annex to the minutes as et out in the minute book).

(2)               That the Council Tax requirement for the Council’s own purposes for 2012/13 (excluding Parish Precepts and Special Expenses) is £123.50.

(3)               That the following amounts be calculated for the year 2012/13 in accordance with Sections 31 to 36 of the Act:-

a)                 £76,018,304 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(2) of the Act, taking into account all precepts issued to it by Parish Councils and any additional special expenses.

b)                 £65,678,445 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A (3) of the Act.

c)                 £10,339,859 being the amount by which the aggregate at 8(a) above exceeds the aggregate at 8(b) above, calculated by the Council, in accordance with Section 31A(4) of the Act, as its Council Tax requirement for the year (Item R in the formula in Section 31B of the Act).

d)                 £204.28 being the amount at 8(c) above (Item R), all divided by Item T (6(a) above), calculated by the Council, in accordance with Section 31B of the Act, as the basic amount of its Council Tax for the year (including Parish Precepts and Special Expenses);

e)                 £4,088,906 being the aggregate amount of all special items (Parish Precepts and Special Expenses) referred to in Section 34(1) of the Act as per the attached Schedule 2.

f)                    £123.50 being the amount at 8(d) above less the result given by dividing the amount at 8(e) above by Item T(6(a) above), calculated by the Council, in accordance with Section 34(2) of the Act, as the basic amount of its Council Tax for the year for dwellings in those parts of its area to which no Parish Precept or special item relates;

(4)       That it be noted that for the year 2012/13 the Oxfordshire County Council and  the Thames Valley Policy Authority have issued precepts to the Council, in accordance with Section 40 of the Local Government Finance Act 1992, for each category of dwellings in the Council’s area as indicated below :-

(5)       That the Council,  ...  view the full minutes text for item 86.

Report of Chief Executive

Summary

To update Members on the final recommendations report on Oxfordshire County Boundary Review.

Recommendations

Council is recommended to:

(1)               Note the update on the County Boundary Review.

The Chief Executive submitted a report to update Members on the final recommendations report on Oxfordshire County Boundary Review.

Resolved

(1)               That the update on the County Boundary Review be noted.

Report of Head of Law and Governance

Summary

To enable Council to receive an update on the provisions of the Localism Act 2011 that are now in force, note the areas of the Act in respect of which the Executive has requested further reports from officers and approve the statement of pay policy for 2012/13.

Recommendations

Council is recommended to:

(1)               Note the implications of the Localism Act 2011 as previously circulated to Members and reported to Executive.

(2)               Note the provisions of the Act which are already in force.

(3)               Note the provisions of the Act in respect of which Executive has requested further reports from officers at the appropriate time.

(4)               Approve the appended statement of pay policy for 2012/13 as required by the Act.

The Head of Law and Governance submitted a report to enable Council to receive an update on the provisions of the Localism Act 2011 that were now in force, note the areas of the Act in respect of which the Executive has requested further reports from officers and approve the statement of pay policy for 2012/13.

Resolved

(1)               That the implications of the Localism Act 2011 as previously circulated to Members and reported to Executive be noted.

(2)               That the provisions of the Act which were already in force be noted.

(3)               That the provisions of the Act in respect of which Executive has requested further reports from officers at the appropriate time be noted.

(4)               That the appended statement of pay policy for 2012/13 as required by the Act be approved (set out in the annex to the minutes as set out in the minute book).

Report of Head of Finance and Procurement

Summary

To propose that the principle of sharing finance and procurement functions with South Northamptonshire be adopted as part of the Cherwell District Council policy framework.

Recommendations

Council is recommended to:

(1)               Adopt the principle of establishing some shared finance and procurement functions with South Northamptonshire Council as part of the Council’s policy framework.

The Head of Finance and Procurement submitted a report to propose that the principle of sharing finance and procurement functions with South Northamptonshire be adopted as part of the Cherwell District Council policy framework.

Resolved

(1)               That the principle of establishing a shared finance and procurement function with South Northamptonshire Council be included as part of the Council’s policy framework.

** Please note this item will follow as the report from the Ombudsman was not received until 15 February 2012 and a report to Council is being prepared. **

The Head of Law and Governance submitted a report to enable Council to consider its response to an Ombudsman report finding maladministration with injustice following an investigation into complaints relating to the imposition of car parking Excess Charge Notices (ECN’s) in April and May 2011. A copy of the report is set out in the annex to these minutes, as set out in the minute book.

Resolved

(1)               That the contents, findings and recommendations contained in the appended Ombudsman report be noted.

(2)               That officers be Instructed to take steps to reimburse all persons who incurred and paid excess charges in the Council’s car parks between 4 and 13 April 2011 in respect of failing to pay parking charges applicable for “blue badge” holders and/or evening parking.

(3)               That officers be instructed to cancel all outstanding unpaid ECN’s relating to excess charges incurred in the Council’s car parks between 4 and 13 April 2011 in respect of failing to pay parking charges applicable for “blue badge” holders and/or evening parking.

(4)               That the Ombudsman be notified of the action that the council proposes to take as set out in (2) and (3) above.