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.

Local Government and Finance Act 1992 – Budget Setting, Contracts & Supplementary Estimates

Members are reminded that any member who is two months in arrears with Council Tax must declare the fact and may speak but not vote on any decision which involves budget setting, extending or agreeing contracts or incurring expenditure not provided for in the agreed budget for a given year and could affect calculations on the level of Council Tax.

Members and officers declared interests in the following agenda items:

14. Members Allowances 2009/2010.

Councillor Ken Atack, Prejudicial, as a committee Chairman proposed by the Independent Remuneration Panel for an increase in Special Responsibility Allowance and back dating to the time when the increased responsibilities took effect.

Councillor Fred Blackwell, Prejudicial, as a committee Chairman proposed by the Independent Remuneration Panel for an increase in Special Responsibility Allowance and back dating to the time when the increased responsibilities took effect.

Councillor John Donaldson, Prejudicial, as a committee Chairman proposed by the Independent Remuneration Panel for an increase in Special Responsibility Allowance and back dating to the time when the increased responsibilities took effect.

Councillor Eric Heath, Prejudicial, as a committee Chairman proposed by the Independent Remuneration Panel for an increase in Special Responsibility Allowance and back dating to the time when the increased responsibilities took effect.

19. Section 151 Officer Arrangements.

Julie Evans - Strategic Director Customer Services and Resources, Prejudicial, as the person proposed in the report to be appointed as Section 151 Officer.

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

The Chairman welcomed Councillors Wyse and Hughes back following their recent ill health. Councillor Wyse thanked members for the kind messages he had received.

The Chairman also thanked members for the support they had given at his recent dinner in aid of his chosen charities.

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

There were none.

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

There was none.

To confirm as a correct record the Minutes of Council held on 19 January 2009.

The minutes of Council held on 19 January 2009 were agreed and signed by the Chairman.

The Chairman to invite any questions, on matters arising from the minutes of the Council meetings as set out at Agenda Item 6.

There were none.

The Leader of the Council to report for information, that since the last meeting of Council, no Executive decisions have been taken that were subject to the special urgency provisions of the constitution.

Since the last meeting of Council there had been no Executive decisions that had been taken that were subject to the special urgency provisions of the constitution.

To consider the non-exempt minutes of the meetings of the Executive as set out in the Minute Booklet (circulated separately).

It was proposed by the Councillor Wood and seconded by Councillor Reynolds that the minutes of the meetings of the Executive as set out in the Council Minute Book be received and that the recommendations set out in the minutes be agreed.

Resolved

That the minutes of the meetings held on 1 December 2008, 12 January 2009 and 9 February 2009 be noted and that the recommendations set out in minutes 160 to 162 be approved.

It was proposed by Councillor Donaldson and seconded by Councillor Atack that the minutes of the meetings of the Overview and Scrutiny Committee as set out in the Council Minute Book be received.

Resolved

That the minutes of the meeting held on 13 January 2009 be noted.

It was proposed by Councillor Mrs Fulljames and seconded by Councillor Heath that the minutes of the meetings of the Standards Committee as set out in the Council Minute Book be received.

Resolved

That the minutes of the meeting held on 22 January 2009 be noted.

To receive any written questions and answers which have been submitted with advance notice in accordance with the constitution.

There were none.

No motions which have been submitted in accordance with the constitution.

There were none.

To consider the report of the Head of Legal and Democratic Services

Council is requested to:

Consider the report of the Independent Remuneration Panel and resolve accordingly:-

(1)          the levels of the allowances to be included in the 2009/2010 Members’ Allowances Scheme and whether, in that regard, the Panel’s recommendations should be adopted or modified in any way;

(2)          whether to backdate the proposed increases to the Chairman of Overview and Scrutiny Committee and Resources and Performance Scrutiny Board from 9//9/08 and 16/9/08 respectively, the Chairman of Planning Committee from 15/5/08 and Chairman of Accounts, Audit and Risk Committee from 14/5/08 as the relevant dates when their responsibility increased.

(3)          that the Head of Legal and Democratic Services be authorised to prepare an amended Members’ Allowances Scheme, in accordance with the decisions of the Council for implementation with effect from 1 April 2009;

(4)          that the Head of Legal and Democratic Services be authorised to take all necessary action to revoke the current (2008/2009) Scheme and to publicise the revised Scheme pursuant to The Local Authorities (Members’ Allowances) (England) Regulations 2003 (as amended); and

(5)          that the Independent Remuneration Panel be thanked for its thorough and detailed report.

Councillors Atack, Blackwell, Donaldson and Heath left the room for the duration of this agenda item.

Council considered a report of the Independent Remuneration Panel on the review of Members’ Allowances for the 2009/2010 financial year. It was proposed by Councillor Wood and seconded by Councillor Reynolds that the recommendations as set out in the report be agreed, with the inclusion of backdating as set out in recommendation two.

Resolved

1)                 That the level of allowances for 2009/2010 be agreed  as proposed by the Independent Remuneration Panel as set out below:

2)                 That the proposed increases be backdated to when their responsibility increased: Chairman of Overview and Scrutiny Committee and Resources and Performance Scrutiny Board from 9//9/08 and 16/9/08 respectively, the Chairman of Planning Committee from 15/5/08 and Chairman of Accounts, Audit and  ...  view the full minutes text for item 13.

The purpose of this report is to set the debate on the 2009/10 budget in the context of the Council’s Corporate Plan which was adopted by Councillors in February 2007.

Council is requested to:

Note the previously-agreed Corporate Plan aims and targets in advance of considering the 2009/10 budget in detail.

Council considered a report of the Chief Executive providing members with the current policy context within which to consider the budget for 2009/2010. It was proposed by Councillor Wood and seconded by Councillor Reynolds that the report be noted.

Resolved

That the report be noted.

Resolved

That Standing Orders be suspended for the following agenda item with regard to the duration of speaking by proposers of motions and amendments and the order of dealing with speaking on amendments.

To consider the Estimates 2009/2010, Collection Fund Estimates 2008/2009 and Service Plans 2009/2010 (budget book circulated separately), together with any recommendations contained in the Executive minutes of 9 February 2009.

Service Plans are on deposit on the Councils website

Council is requested to:

The Council is recommended:

A               BUDGET 2009/10

1) to consider the contents of this report in approving the General Fund and Capital Programme 2009/10 budgets and that the s 25 report on the robustness of the budget be noted.

2) that the updated draft budget recommended by the Executive at its meetings on 9 February 2009 and detailed in the 09/10 budget book, (Minute 162 (which is to be tabled)) be approved;

B               COLLECTION FUND 2008/2009
 
3) that the Collection Fund estimates as now submitted be approved (see Annex 6 of the budget booklet).

C                SERVICE PLANS 2009/10

4) that the draft Service Plans 2009/10 be endorsed as recommended by the Executive at its meeting on 9 February 2009 (Minute 162).

Council considered the recommendations of the Executive with regard to the budget (Minute 162), the budget book, the Collection Fund Estimates 2008/2009 and the draft service plans for 2009/2010.

It was proposed by Councillor Macnamara and seconded by Councillor Wood, that the recommendations as set out in the report be agreed.

The Leader of the Opposition, Councillor Cotter and the Leader of the Labour Group, Councillor Parish responded to the budget and confirmed that they did not propose to move any amendments.

Members debated the budget and in doing so, thanked the Strategic Director Customer Service and Resources and the Finance team for their work in compiling the budget.

Resolved

Budget 2009/10

1)         That the Section 25 report on the robustness of the budget be noted.

2)         That the updated draft budget recommended by the Executive at its meetings on 9 February 2009 and detailed in the 09/10 budget book, Minute 162 be approved;

Collection Fund 2008/2009

3)         That the Collection Fund estimates be approved

Service Plans 2009/10

4)         That the draft Service Plans 2009/10 be endorsed as recommended by the Executive at its meeting on 9 February 2009 (Minute 162).

The Council to adjourn, if necessary, to allow the Executive to meet to consider Council proposals which do not accord with the Executive’s recommendations.

The Leader of the Council confirmed that as there were no amendments to the budget it would not be necessary for the Council to adjourn to allow the Executive to meet to consider the amendments.

Council is requested to set the level of Council Tax for 2009/2010 in accordance with the recommendations as set out in the report.

Council considered a report setting out the proposed Council Tax for 2009/2010. It was proposed by Councillor Macnamara and seconded by Councillor Wood that the recommendations as set out in the report be agreed. On being put to the vote, the motion was agreed unanimously.

Resolved

1)         That pursuant to Section 35 of the Local Government Finance Act 1992, any expenses incurred by the Council chargeable to its General Fund, in performing functions and providing services undertaken elsewhere within the District by a parish council shall be a general expense falling upon the whole district.

2)         That it be noted that at its meeting on 12 January 2009 the Executive calculated the following amounts for the year 2009/2010 in accordance with regulations made under Section 33(5) of the Local Government Finance Act 1992:-

a)         49,923 being the amount calculated by the Council, in accordance with regulation 3 of the Local Authorities (Calculation of Council Tax Base) Regulations 1992, as its council tax base for the year.

b)                 The amounts in the Tax Base 2009/10 column of Annex 1 to the minutes, being the amounts calculated by the Council, in accordance with regulation 6 of the Regulations, as the amounts of its council tax base for the year for dwellings in those parts of its area to which one or more special items relate.

3)         That the following amounts be now calculated by the Council for the year 2009/2010 in accordance with Sections 32 to 36 of the Local Government Finance Act 1992:-

a)      £71,020,026 being the aggregate of the amounts which the Council estimates for the items set out in Section 32(2)(a) to (e) of the Act;

b)           £50,249,702 being the aggregate of the amounts which the Council estimates for the items set out in Section 32(3)(a) to (c) of the Act;

c)            £20,770,324 being the amount by which the aggregate at 3(a) above exceeds the  aggregate at 3(b) above, calculated by the Council, in accordance with Section 32(4) of the Act, as its budget requirement for the year;

d)           £10,718,923 being the aggregate of the sums which the Council estimates will be payable for the year into its general fund in respect of redistributed non-domestic rates, revenue support grant and additional grant or as a transfer from or to its collection fund being a reduction or increase in its provision for estimated surplus of council tax.

e)           £201.34 being the amount at 3(c) above less the amount at 3(d) above, all divided by the amount at 2(a) above, calculated by the Council, in accordance with Section 33(1) of the Act, as the basic amount of its council tax for the year;

f)              £3,885,910 being the aggregate amount of all special items referred to in Section 34(1) of the Act;

g)           £123.50 being the amount at 3(e) above less the result given by dividing the amount at 3(f) above by the amount at 2(a) above, calculated by the Council, in accordance with Section 34(2) of the Act,  ...  view the full minutes text for item 18.

To consider a report of the Chief Executive regarding future Section 151 arrangements for Cherwell District Council.

Council is requested to:

1) Agree that the Strategic Director, Customer Service and Resources be appointed as the Council’s Section 151 and Chief Finance Officer and the Monitoring Officer be authorised to make consequential amendments to the constitution to enable this decision.

2) Note that that the Strategic Director, Customer Service and Resources has nominated the Chief Accountant , Karen Curtin, as Deputy Section 151 and Deputy Chief Finance Officer authorised to act in her absence.

The Strategic Director Customer Services and Resources left the room for the duration of this agenda item.

Council considered a report of the Chief Executive setting out the proposed Section 151 arrangements for the Council. Members congratulated Julie Evans, Strategic Director Customer Services and Resources, on qualifying as a member of the Chartered Institute of Public Finance Accountancy, and thanked Phil O’Dell, Interim Head of Finance, for his assistance to Cherwell District Council and Karen Curtin, Chief Accountant, for taking on extra responsibilities.

It was proposed by Councillor Macnamara and seconded by Councillor Wood that the recommendations as set out in the report be approved.

Resolved

1)         That the Strategic Director, Customer Service and Resources, Julie Evans be appointed as the Council’s Section 151 and Chief Finance Officer and the Monitoring Officer be authorised to make consequential amendments to the constitution to enable this decision.

2)         That the Strategic Director, Customer Service and Resources has nominated the Chief Accountant , Karen Curtin, as Deputy Section 151 and Deputy Chief Finance Officer authorised to act in her absence.

To consider proposals from Overview and Scrutiny Committee (via Executive and Standards Committee) for revised Call-in arrangements.

It is recommended:

(1)   that the Council note the results of the consultation on the review of Call-in and the proposals from the Overview and Scrutiny Committee and Executive;

(2)   that the Council adopts the revised Call-in model (Appendix 3) into the Constitution at Part 4 (e) 15 – 17 Overview and Scrutiny Procedure Rules.

Council considered a report of the Overview and Scrutiny Committee setting out proposed amendments to the Call-in process. It was proposed by Councillor Donaldson and seconded by Councillor Sames that the recommendations as set out in the report be agreed.

Resolved

1)                 That Council notes the results of the consultation on the review of Call-in and the proposals from the Overview and Scrutiny Committee and Executive;

2)                 That the revised Call-in model as set out in Appendix 3 to the minutes be approved for inclusion in the Constitution at Part 4 (e) 15 – 17 Overview and Scrutiny Procedure Rules.

The following agenda items contain exempt information as defined in the following paragraphs of Part 1, Schedule 12A of Local Government Act 1972.

Paragraph 3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information).

Members are reminded that whilst the following agenda items have been marked as exempt, it is for Council to decide whether or not to consider each of them in private or in public. In making the decision, members should balance the interests of individuals or the Council itself in having access to the information. In considering their discretion members should also be mindful of the advice of Council Officers.

Should Members decide not to make a decision in public, they are recommended to pass the following recommendation:

“That, in accordance with Section 100A(4) of Local Government Act 1972, the press and public be excluded form the meeting for the following item(s) of business, on the grounds that they could involve the likely disclosure of exempt information as defined in paragraph 3 of Schedule 12A of that Act, as set out on the agenda.”

Resolved

That, in accordance with Section 100A(4) of Local Government Act 1972, the press and public be excluded from the meeting for the following item of business, on the grounds that it could involve the likely disclosure of exempt information as defined in paragraph 3 of Schedule 12A of that Act.

It was proposed by the Councillor Wood and seconded by Councillor Reynolds that the exempt minutes of the meetings of the Executive as set out in the Council Minute Book be received.

Resolved

That the exempt minutes of the meetings held on 1 December 2008 and 12 January 2009 be noted.