Agenda, decisions and minutes


Executive
Monday 7 January 2019 5.00 pm

Venue: Bodicote House, Bodicote, Banbury, OX15 4AA

Contact: Natasha Clark, Democratic and Elections  Email: natasha.clark@cherwellandsouthnorthants.gov.uk, 01295 221589

Media

Items
No. Item

78.

Declarations of Interest

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

Additional documents:

Minutes:

There were no declarations of interest.

79.

Petitions and Requests to Address the Meeting

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

Additional documents:

Minutes:

There were no petitions or requests to address the meeting.

80.

Minutes pdf icon PDF 192 KB

To confirm as a correct record the Minutes of the Special Executive meeting held on 17 December 2018.

Additional documents:

Minutes:

The minutes of the meeting held on 17 December 2018 were agreed as a correct record and signed by the Chairman.

81.

Chairman's Announcements

To receive communications from the Chairman.

 

Additional documents:

Minutes:

There were no Chairman’s announcements.

 

82.

Collaboration Agreement pdf icon PDF 403 KB

Report of Director Law and Governance / Monitoring Officer

 

Purpose of report

 

To recommend to Full Council that it agrees to enter into a Collaboration Agreement between Cherwell District and South Northamptonshire councils.

 

Recommendations

            

The meeting is recommended:

 

 1.1        To recommend to Full Council that it agrees to enter into a Collaboration Agreement between Cherwell District and South Northamptonshire councils, and to delegate to the Monitoring Officer, in consultation with the Leader of the Council, authority to finalise and enter into the Agreement based on the provisions provided by the Local Government Act 1972, the Local Government Act 2000, the Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2012 and the Localism Act 2011.

 

Additional documents:

Decision:

Resolved

 

(1)          That Full Council be recommended to agree to enter into a Collaboration Agreement between Cherwell District and South Northamptonshire councils, and to delegate to the Monitoring Officer, in consultation with the Leader of the Council, authority to finalise and enter into the Agreement based on the provisions provided by the Local Government Act 1972, the Local Government Act 2000, the Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2012 and the Localism Act 2011.

 

Minutes:

The Director Law and Governance / Monitoring Officer submitted a report for Executive to recommend to Full Council that it agrees to enter into a Collaboration Agreement between Cherwell District and South Northamptonshire councils.

 

Resolved

 

(1)          That Full Council be recommended to agree to enter into a Collaboration Agreement between Cherwell District and South Northamptonshire councils, and to delegate to the Monitoring Officer, in consultation with the Leader of the Council, authority to finalise and enter into the Agreement based on the provisions provided by the Local Government Act 1972, the Local Government Act 2000, the Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2012 and the Localism Act 2011.

 

Reasons

 

It is important that both councils can continue to deliver services after 16 January 2019 which for most services will either be prior to separation taking place or permanent delivery arrangements being put in place for those services that cannot be separated. It is clear that in the interim there needs to be a legal arrangement that allows this and a Collaboration Agreement is seen as the most appropriate vehicle to enable this.        

 

Alternative options

 

Option 1: not to enter into an agreement between the councils. This is rejected as many council services would not be able to function.

 

Option 2: a Collaboration Agreement based on the provisions provided through the Local Authority (Goods and Services) Act 1970.

 

Section 1 of the Local Authority (Goods and Services) Act 1970 enables a local authority to provide another public body with goods or materials, administrative, professional, or technical services. The Act does not in itself exempt local authorities from complying with the Public Contracts Regulations 2015, however an exemption is provided by “the Hamburg exemption” (Hamburg (Commission v Germany) Case C-480/06). A Collaboration Agreement containing these provisions would allow two-way co-operation between the two councils with the aim of ensuring that the public services they have to perform: are provided with a view to achieving objectives they have in common; is governed solely by considerations relating to the public interest; and less than 20% of the activities concerned by the co-operation are performed on the open market.

 

Whilst it is considered that the Hamburg exemption could provide appropriate authority to enter into such an agreement, there is a potential argument that the Hamburg exemption applies only to services that Councils “have to perform” rather than any discretionary services. Therefore, any discretionary services over the financial threshold in the Public Contract Regulations 2015 would be subject to the procurement rules. Given that discretionary services are included in those which would be shared it is not considered that the Local Authority (Goods and Services) Act 1970 would be the best option for the Councils due to it carrying a risk of challenge.

83.

Business Rates Retail Relief Policy pdf icon PDF 149 KB

Report of Executive Director Finance and Governance

 

Purpose of report

 

To provide members with an update on the retail relief scheme announced in the Budget and to seek approval to recommend a Business Rates Retail Relief Policy for 2019-2020 to Council.

 

Recommendations

            

The meeting is recommended:

 

 1.1        To note the contents of this report.

 

1.2   To recommend to Council to approve the proposed Business Rates Retail Relief Policy (Appendix 1).

 

Additional documents:

Decision:

Resolved

 

(1)          That the contents of the report be noted.

 

(2)          That Full Council be recommended to approve the proposed Business Rates Retail Relief Policy.

 

Minutes:

The Executive Director Finance and Governance (Interim) submitted a report to provide members with an update on the retail relief scheme announced in the Budget and to seek approval to recommend a Business Rates Retail Relief Policy for 2019-2020 to Council.

 

Resolved

 

(1)          That the contents of the report be noted.

 

(2)          That Full Council be recommended to approve the proposed Business Rates Retail Relief Policy.

 

Reasons

 

Members of Budget Planning Committee have considered this report and have recommended to Executive the introduction of the Business Rates Retail Relief Scheme and the related Policy effective from 1 April 2019.

 

Alternative options

 

Option 1: Members could agree not to determine a Business Rates Retail Relief Policy, but this would mean the Council is not complying with Central Government guidance and would be to the detriment of ratepayers in the district.

 

84.

Local Discretionary Business Rate Relief Scheme for 2019-20 pdf icon PDF 127 KB

Report of Executive Director Finance and Governance

 

Purpose of report

 

For members to consider the proposed Local Discretionary Relief Policy and to seek approval of the Discretionary Business Rate Relief Scheme for 2019-2020.

 

Recommendations

            

The meeting is recommended:

 

 1.1        To note the contents of the report.

 

1.2     To approve the adoption of the local Discretionary Business Rate Relief Scheme for 2019-20.

 

Additional documents:

Decision:

Resolved

 

(1)          That the contents of the report be noted.

 

(2)          That the adoption of the local Discretionary Business Rate Relief Scheme for 2019-20 (annex to the Minutes as set out in the Minute Book) be approved.

 

Minutes:

The Executive Director Finance and Governance (Interim) submitted a report for members to consider the proposed Local Discretionary Relief Policy and to seek approval of the Discretionary Business Rate Relief Scheme for 2019-2020.

 

Resolved

 

(1)          That the contents of the report be noted.

 

(2)          That the adoption of the local Discretionary Business Rate Relief Scheme for 2019-20 (annex to the Minutes as set out in the Minute Book) be approved.

 

Reasons

 

Members of Budget Planning Committee have considered this report and have recommended to Executive to approve the adoption of the Local Discretionary Business Rates Relief Scheme 2019-2020.

 

Alternative options

 

Option 1:  Members could choose not to recommend the proposed schemes to Executive, but in view of the fact that expenditure will be reimbursed the Government expects billing authorities to grant relief to all qualifying ratepayers

 

 

 

85.

Council Tax Base 2019-2020 pdf icon PDF 272 KB

Report of Executive Director: Finance and Governance                                      

 

Purpose of report

 

To provide Executive with an estimate of the Council Tax Base for 2019-2020 and seek approval for the final determination of the Council Tax Base to be delegated to the Section 151 Officer in consultation with the Lead Member for Financial Management.

 

Recommendations

            

The meeting is recommended:

 

1.1       That the report of the Executive Director of Finance and Governance for the calculation of the Council’s Tax Base for 2019-2020 be considered and:

 

(a)          That pursuant to the Executive Director of Finance and Governance’s report and in accordance with the Local Authorities (Calculation of Council Tax Base) (England) Regulations 2012, the amount calculated by Cherwell District Council as its Council Tax Base for the year 2019-2020 shall be 53,876.9 This shall be subject to final confirmation by the Section 151 Officer in consultation with the Lead Member for Financial Management.

                      

            (b)       As for the parishes which form part of its area shown in Appendix 2, the amount calculated as the Council Tax Base for the year 2019-2020 in respect of special items shall be as indicated in the column titled Tax Base 2019-2020.

 

            (c)        As for the Flood Defence Areas which form part of its area, the amount calculated as the Council Tax Base for the year 2019-2020 for the purposes of levies on Oxfordshire County Council by River Authorities, shall be:

Thames Flood Defence Area

51,560.8

Anglian (Great Ouse)  Flood Defence Area

1,871.9

Severn Region Flood Defence Area                                   

444.2

53,876.9

                       

 

                       

                       

 

 

1.2       To delegate final approval of the Council Tax Base for 2019-2020 to the Section 151 Officer in consultation with the Lead Member for Financial Management.

 

Additional documents:

Decision:

Resolved

 

(1)          That having given due consideration to the report of the Executive Director of Finance and Governance for the calculation of the Council’s Tax Base for 2019-2020, it be resolved:

 

(a)          That pursuant to the Executive Director of Finance and Governance’s report and in accordance with the Local Authorities (Calculation of Council Tax Base) (England) Regulations 2012, the amount calculated by Cherwell District Council as its Council Tax Base for the year 2019-2020 shall be 53,876.9 This shall be subject to final confirmation by the Section 151 Officer in consultation with the Lead Member for Financial Management and Governance.

                      

            (b)       As for the parishes which form part of its area shown in the annex to the Minutes (as set out in the Minute Book), the amount calculated as the Council Tax Base for the year 2019-2020 in respect of special items shall be as indicated in the column titled Tax Base 2019-2020.

 

            (c)        As for the Flood Defence Areas which form part of its area, the amount calculated as the Council Tax Base for the year 2019-2020 for the purposes of levies on Oxfordshire County Council by River Authorities, shall be:

Thames Flood Defence Area

51,560.8

Anglian (Great Ouse)  Flood Defence Area

1,871.9

Severn Region Flood Defence Area                                   

444.2

53,876.9

                       

 

                       

                       

 

 

 

(2)          That final approval of the Council Tax Base for 2019-2020 be delegated to the Section 151 Officer in consultation with the Lead Member for Financial Management and Governance.

 

Minutes:

The Executive Director: Finance and Governance (Interim) submitted a report to provide Executive with an estimate of the Council Tax Base for 2019-2020 and seek approval for the final determination of the Council Tax Base to be delegated to the Section 151 Officer in consultation with the Lead Member for Financial Management.

 

Resolved

 

(1)            That having given due consideration to the report of the Executive Director of Finance and Governance (Interim) for the calculation of the Council’s Tax Base for 2019-2020, it be resolved:

 

(a)            That pursuant to the Executive Director of Finance and Governance’s report and in accordance with the Local Authorities (Calculation of Council Tax Base) (England) Regulations 2012, the amount calculated by Cherwell District Council as its Council Tax Base for the year 2019-2020 shall be 53,876.9 This shall be subject to final confirmation by the Section 151 Officer in consultation with the Lead Member for Financial Management and Governance.

                      

          (b)      As for the parishes which form part of its area shown in the annex to the Minutes (as set out in the Minute Book), the amount calculated as the Council Tax Base for the year 2019-2020 in respect of special items shall be as indicated in the column titled Tax Base 2019-2020.

 

          (c)      As for the Flood Defence Areas which form part of its area, the amount calculated as the Council Tax Base for the year 2019-2020 for the purposes of levies on Oxfordshire County Council by River Authorities, shall be:

Thames Flood Defence Area

51,560.8

Anglian (Great Ouse)  Flood Defence Area

1,871.9

Severn Region Flood Defence Area                                   

444.2

53,876.9

                   

 

                   

                   

 

 

 

(2)            That final approval of the Council Tax Base for 2019-2020 be delegated to the Section 151 Officer in consultation with the Lead Member for Financial Management and Governance.

 

Reasons

 

For the purposes of Section 31B of the Local Government Finance Act 1992 and the Local Authorities (Calculation of  Council Tax Base) (England) Regulations 2012, the Council is required to calculate the tax base (which will be used for tax setting purposes in February 2019) in respect of:

 

(a)        the whole of its area and;

(b)        for any parts of its area for the purposes of:

(i)              Apportioning precepts and levies and;

(ii)             Calculating the tax base for each area subject to a special item

 

Alternative options

 

Option 1: None. The Council has to set a tax base in order to set its council tax for 2019-2020.

86.

Draft Business Plan 2019/20 and Summary Medium Term Financial Strategy 2019/20 - 2023/24 pdf icon PDF 570 KB

Report of Executive Director Finance and Governance

 

Purpose of report

 

The Business Plan and Summary Medium Term Financial Strategy are presented as an integrated report. This demonstrates the Councils strategic approach to aligning its resource to the delivery of Councils Priorities.

 

This report provides members with an update on the Business Plan 2019/20 and the Council’s Summary Medium Term Financial Strategy (MTFS) for 2019/20 to 2023/24 prior to the final MTFS being presented during February 2019.    

 

Recommendations

 

The meeting is recommended:

 

1.1.       To note the contents of this report.

 

Additional documents:

Decision:

Resolved

 

(1)          That the contents of the report be noted.

 

Minutes:

The Executive Director Finance and Governance (Interim) submitted a report which provided members with an update on the Business Plan 2019/20 and the Council’s Summary Medium Term Financial Strategy (MTFS) for 2019/20 to 2023/24 prior to the final MTFS being presented during February 2019. The Business Plan and summary MTFS were presented as an integrated report which demonstrated the Councils strategic approach to aligning its resource to the delivery of Councils Priorities.

 

Resolved

 

(1)            That the contents of the report be noted.

 

Reasons

 

This report provides members with an update on the Business Plan 2019/20 and the Council’s Summary Medium Term Financial Strategy (MTFS) for 2019/20 to 2023/24 prior to the final MTFS being presented during February 2019.    

 

Alternative options

 

Option 1: To not note the report but members will not be aware of the medium term financial forecast if they choose to take this option.

 

 

 

87.

Monthly Performance, Risk and Finance Monitoring Report - November 2018 pdf icon PDF 1 MB

Report of Executive Director: Finance and Governance and
Assistant Director: Performance and Transformation

 

Purpose of report

 

This report summarises the Council’s Performance, Risk and Finance monitoring position as at the end of each month.

 

Recommendations

            

The meeting is recommended:

 

 1.1        To note the monthly Performance, Risk and Finance Monitoring Report.

 

Additional documents:

Decision:

Resolved

 

(1)          That the monthly Performance, Risk and Finance Monitoring Report be noted.

Minutes:

The Executive Director: Finance and Governance (Interim) and Assistant Director: Performance and Transformation submitted a report which summarised the Council’s Performance, Risk and Finance monitoring position as at the end of each month.

 

Resolved

 

(1)          That the monthly Performance, Risk and Finance Monitoring Report be noted.

 

Reasons

 

The Council is committed to performance, risk and budget management and reviews progress against its corporate priorities on a monthly basis.

 

This report provides an update on progress made so far in 2018-19 to deliver the Council’s priorities through reporting on Performance, the Leadership Risk Register and providing an update on the financial position.

 

Alternative options          

 

Option 1: This report illustrates the Council’s performance against the 2018-19 business plan. As this is a monitoring report, no further options have been considered. However, members may wish to request that officers provide additional information.                        

88.

Urgent Business

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

Additional documents:

Minutes:

There were no items of urgent business.