Agenda, decisions and minutes

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.

Members declared interests with regard to the following agenda items:

9. Flood and Water Management Act 2010 and Implications for Local Service Delivery.

Councillor Norman Bolster, Personal, as a County Councillor due to the County Council becoming responsible for the service.

Councillor Michael Gibbard, Personal, as a County Councillor due to the County Council becoming responsible for the service.

Councillor G A Reynolds, Personal, as a County Councillor due to the County Council becoming responsible for the service.

Councillor Nicholas Turner, Personal, as a County Councillor due to the County Council becoming responsible for the service.

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 the meeting held on 6 September 2010.

The minutes of the meeting held on 6 September 2010 were agreed as a correct record and signed by the Chairman.

Report of Report of Portfolio Holder for Resources and Communications, Leader and Chief Executive

Summary

To consider the business case for a shared management team between Cherwell District Council and South Northamptonshire Council.

Recommendations

The Executive is recommended:

(1)               To hear at the meeting the outcome of the Extraordinary Joint Meeting of Resources and Performance Scrutiny Board and Overview and Scrutiny Committee on 6^th October at which both Committees considered the business case and the comments received during the consultation with unions and staff at both councils.

(2)               To recommend to Council at its meeting on 3^rd November 2010 that it approves the business case (and the fifteen specific recommendations included in it) for a shared management team between Cherwell District Council and South Northamptonshire Council, subject to any amendments the Executive make after hearing the outcome of the scrutiny committees at (1).

Recommendations Approved, subject to the amendment to recommendation 2 that the Business Case be recommended to Council on 8 December 2010.

Additionally it was agreed:

3)                 That in light of the concerns from the Overview and Scrutiny Committee and Resources and Performance Scrutiny Board about arrangements for the appointment of the shared Chief Executive and the commitment in the business case to competitive recruitment to the shared roles, the Joint Working Group be asked to consider mechanisms for an open recruitment process to this role and recommend the best way forward to both the Cherwell Executive and South Northamptonshire Cabinet.

4)                 That in light of the concerns from the joint Overview and Scrutiny meeting that a joint IT working group be convened to look at the issues of technology integration, costs and savings  that would be required should a shared management team be agreed.

The Portfolio Holder for Resources and Communications, Leader of Council and Chief Executive submitted a report to consider the business case for a shared management team between Cherwell District Council and South Northamptonshire Council. In the course of discussion it was noted that the Council meeting to consider the business case would now be on 8 December 2010, additionally it was proposed that there should be competitive recruitment to the role of Chief Executive and an IT working group be convened to look at IT integration issues.

Resolved

(1)               That the outcome of the Extraordinary Joint Meeting of Resources and Performance Scrutiny Board and Overview and Scrutiny Committee on 6^th October at which both Committees considered the business case and the comments received during the consultation with unions and staff at both councils be noted.

(2)               That Council be recommended to approve the business case (and the fifteen specific recommendations included in it) for a shared management team between Cherwell District Council and South Northamptonshire Council, at its meeting on 8 December 2010.

3)                 That in light of the concerns from the Overview and Scrutiny Committee and Resources and Performance Scrutiny Board about arrangements for the appointment of the shared Chief Executive and the commitment in the business case to competitive recruitment to the shared roles, the Joint Working Group be asked to consider mechanisms for an open recruitment process to this role and recommend the best way forward to both the Cherwell Executive and South Northamptonshire Cabinet.

4)                 That in light of the concerns from the joint Overview and Scrutiny meeting that a joint IT working group be convened to look at the issues of technology integration, costs and savings  that would be required should a shared management team be agreed.

Reasons

The business case proposes a shared senior management team of twelve posts, with three further posts to be shared at this stage. Putting these shared posts in place will deliver an ongoing annual saving of £686,000 to this council, adding up to £3.430m over the next 5 years.

The implementation costs associated with achieving this annual saving of £686,000 will vary depending on which staff leave the two organisations and therefore a range of costs have been estimated in the draft business case. The lowest cost estimate is £817,000. The middle case (as used in the business case) is £1.384m and the highest cost estimate is £1.693m.

The Joint Working Group has recommended that, regardless of which staff in which organisations are made redundant, the costs will be split on a 60:40 basis, with Cherwell District Council picking up 60% of the costs. Both District Auditors have agreed with this approach ‘in principle’ and we will be able to report further at the meeting by which time the two Heads of Finance will have had another meeting with the District Auditors.

The expected overall pay back period for Cherwell District Council is 1.21 years, working on average one-off costs. This will improve to 0.71  ...  view the full minutes text for item 54.

Report of Head of Regeneration and Estates

Summary

To seek approval to the draft compulsory purchase order, and to refer it to the Council for approval on 18 October 2010

Recommendations

The Executive is recommended:

(1)       To recommend the Council to resolve to make a compulsory purchase order in respect of the land shown coloured pink and in respect of new rights in relation to the land shown coloured blue on the attached plan.

Recommendations Approved

The Head of Regeneration and Estates submitted a report to seek approval to the draft compulsory purchase order, and to refer it to Council for approval on 18 October 2010

Resolved

(1)       That Council be recommended to resolve to make a compulsory purchase order in respect of the land shown coloured pink and in respect of new rights in relation to the land shown coloured blue on the plan  at annex 1 to the minutes (as set out in the minute book).

Reasons

Since the Council resolution on 19 July, the developer (Town Centre Retail (Bicester) Limited) has continued with its efforts to acquire outstanding land interests by agreement.  Whilst some further progress has been made with such acquisitions, a number of interests remain to be acquired – thus the present recommendation to Council to formally authorise a CPO.

The making of the CPO does not mean that negotiations for the acquisition by agreement of the outstanding land interests will cease.  During the CPO process the developer will continue to try and acquire these interests by agreement, if it is possible to do so on reasonable terms.

When the Council has resolved to make the CPO, the order will be published, and interested parties will be notified.  There will then be a three week period within which any objections must be made.  If no objections are received, the order may be confirmed by the Council itself.  In the event that an objection is made by parties who have a legal interest in the affected properties, it will be necessary to ask the Secretary of State to hold a public Inquiry to consider the objections.  In this event it is likely to be at least nine months before the outcome of the inquiry is known.

Options

Report of Portfolio Holder for Resources and Communications, Leader and Chief Executive

Summary

This report contains the Council’s response to the Government’s Consultation Paper on Formula Grant distribution which includes the transfer of funding for concessionary travel to upper tier authorities.

Recommendations

The Executive is recommended to:

(1)          Note the contents of the report and response to the consultation (Appendix 1)

(2)          Continue to lobby to minimise the financial implications of the transfer of funding for concessionary travel to upper tier authorities.

Recommendations Approved

The Portfolio Holder for Resources and Communications, Leader and Chief Executive submitted a report containing the Council’s response to the Government’s Consultation Paper on Formula Grant distribution which included the transfer of funding for concessionary travel to upper tier authorities. A revised response to questions 18 and 19 was circulated at the meeting and adopted.

Resolved

(1)          That the contents of the report and response to the consultation set out in annex 2 to the minutes (as set out in the minute book) be agreed.

(2)          That the Council continue to lobby to minimise the financial implications of the transfer of funding for concessionary travel to upper tier authorities.

Reasons

The consultation for proposed changes to the Formula Grant was released on 28 July 2010 with a deadline for responses of 6 October 2010. The proposed settlement is normally issued in late November/early December. The settlement will be based on the resources agreed in the Spending Review which is due to be published on 20 October 2010.

Report of Strategic Director – Planning, Housing and Economy

Summary

To consider arrangements being put in place locally to implement the Flood and Water Management Act 2010 and to facilitate essential, consequential, decisions about Council services and staffing (land drainage element of the engineering function).

Recommendations

The Executive is recommended to:

(1)   Note the implications of the Flood and Water Management Act as set out in the report.

(2)   Inform the County Council as Lead Local Flood Authority (LLFA) that, for the reasons set out in the report, it is unable to take up their offer of a formal, but unfunded, agency agreement that would allow Cherwell District Council (CDC) to operate on behalf of the LLFA in Cherwell.

(3)   Additionally inform the County Council that CDC will not be in a position to maintain its existing in house land drainage staff expertise and information systems under the terms of the new arrangements and that the district councils “duty to co operate with the LLFA” included in the Act will implemented solely through:

·        Local Planning Authority (LPA) consultation on planning policy and development control

·        Provision of any local information or knowledge currently collated or coming to hand in the future

·        Potentially, consideration of making an offer of capital funding contributions towards flood defence works required for the District (these to be planned, designed and implemented by the LLFA and the bodies responsible for main rivers)

            All other work on land drainage and flooding will cease.

(4)   Instruct the Strategic Director (Planning Housing and Economy) to report to Personnel Committee on, and implement, the necessary staffing changes arising from these decisions on the FWMA and also from earlier changes to the workload of Cherwell’s engineering service (as noted in the report).

(5)   Initiate work with the County Council to provide public and partner information to explain the rearrangement of functions, and new local responsibilities and contacts under the FWMA.

Recommendations Approved

The Strategic Director Planning, Housing and Economy submitted a report to consider arrangements being put in place locally to implement the Flood and Water Management Act 2010 and to facilitate essential, consequential, decisions about Council services and staffing (land drainage element of the engineering function). Members noted the significant contribution the Head of Building Control and Engineering Services and his team had made to the district both in terms of knowledge and the delivery of benefits to the community.

Resolved

(1)   That the implications of the Flood and Water Management Act  (FWMA) be noted.

(2)   That the County Council as Lead Local Flood Authority (LLFA) be informed that, for the reasons set out in the report, it is unable to take up their offer of a formal, but unfunded, agency agreement that would allow Cherwell District Council (CDC) to operate on behalf of the LLFA in Cherwell.

(3)   That the County Council be informed that CDC will not be in a position to maintain its existing in house land drainage staff expertise and information systems under the terms of the new arrangements and that the district councils “duty to co operate with the LLFA” included in the Act will implemented solely through:

·        Local Planning Authority (LPA) consultation on planning policy and development control

·        Provision of any local information or knowledge currently collated or coming to hand in the future

·        Potentially, consideration of making an offer of capital funding contributions towards flood defence works required for the District (these to be planned, designed and implemented by the LLFA and the bodies responsible for main rivers)

            All other work on land drainage and flooding will cease.

(4)   That the Strategic Director Planning Housing and Economy be instructed to report to Personnel Committee on, and implement, the necessary staffing changes arising from these decisions on the FWMA and also from earlier changes to the workload of Cherwell’s engineering service.

(5)   That work with the County Council be initiated to provide public and partner information to explain the rearrangement of functions, and new local responsibilities and contacts under the FWMA.

Reasons

New statutory arrangements for the local authority role in managing flood risk and responding to flooding problems and issues are included in the Flood and Water Management Act 2010 (FWMA).  It is expected the relevant provisions of the Act will be fully enacted from 1 April 2011.  The County Council will become the LLFA for Cherwell and will receive additional financial resources in its Government grant settlement to perform this function.  District Councils will no longer have an independent statutory role in this field of activity.  They will still have a duty to co operate with the LLFA (e.g. in respect of planning powers or provision of local information), and, potentially some concurrent powers to take action to enforce riparian (watercourse) owner responsibilities or implement land drainage works that fit with the policies and priorities of the LLFA.

Options

Option 1      To decline the County Council’s Agency offer and direct all future  ...  view the full minutes text for item 57.

Report of Head of Customer Service and ICT

Summary

This report seeks Executive approval and funding for a new approach for taking payments in the LinkPoint offices, moving from PayPoint terminals to Self Serve Payment Kiosks, in order to achieve savings and improve customer service.

Recommendations

The Executive is recommended to:

(1)               Relinquish our PayPoint agent status and discontinue taking payments using Paypoint terminals, but retain our PayPoint client status to enable the public to pay council bills at other Paypoint Agents

(2)               Agree to stop the facility to deposit cheque payments at the LinkPoint offices and receive cheque payments only by post.

(3)               Agree a supplementary capital estimate of up to £100,000 for the purchase of automated payment kiosks and their introduction into LinkPoint offices

(4)               Agree to reduce the Customer Service Advisor establishment by 3 FTE after successful transition to the new arrangements

Recommendations Approved

The Head of Customer Service and Information Systems submitted a report to seek Executive approval and funding for a new approach for taking payments in the LinkPoint offices, moving from PayPoint terminals to Self Serve Payment Kiosks, in order to achieve savings and improve customer service.

Resolved

(1)               That the Council relinquish PayPoint agent status and discontinue taking payments using Paypoint terminals, but retain PayPoint client status to enable the public to pay council bills at other Paypoint Agents

(2)               That agreement be given to stop the facility to deposit cheque payments at the LinkPoint offices and receive cheque payments only by post

(3)               That agreement be given to a supplementary capital estimate of up to £100,000 for the purchase of automated payment kiosks and their introduction into LinkPoint offices

(4)               That agreement be given to reduce the Customer Service Advisor establishment by 3 Full Time Equivalents after successful transition to the new arrangements

Reasons

The outcome of a recent review into the payments service has identified the introduction of self-service payment kiosks as an alternative that will help address most of the operational issues. Although requiring capital funding of up to £100,000, these will allow for the reduction in the staff establishment of 3 FTE (from existing vacancies) and provide a return on investment within two years.

Options

Report of Head of Environmental Services

Summary

To consider further improvements to the Waste & Recycling scheme following the successful implementation of food waste recycling service.

Recommendations

The Executive is recommended to :

(1)               Agree the proposed Waste and Recycling Service Efficiencies set out in Appendix 1;

(2)               Approve a supplementary capital estimate of up to £130,000 for the acquisition of a glass collection vehicle;

(3)               Agree the proposed Recycling Initiatives and Service Developments set out in Appendix 2

(4)               Agree to the changes in practice regarding the types of bins provided; and

(5)               Note the reduction in waste to landfill and the rise in customer satisfaction levels of the waste and recycling service.  

Recommendations Approved

The Head of Environmental Services submitted a report which presented further improvements to the Waste & Recycling scheme following the successful implementation of food waste recycling service. Members praised the work of the Head of Environmental Services for their continued work and high performance particularly with regard to Waste electrical and electronic equipment WEEE.

Resolved

(1)               That the proposed Waste and Recycling Service Efficiencies set out in annex 3 to the minutes (as set out in the minute book) be agreed

(2)               That a supplementary capital estimate of up to £130,000 for the acquisition of a glass collection vehicle be approved

(3)               That the proposed Recycling Initiatives and Service Developments set out in annex 4 to the minutes (as set out in the minute book) be agreed

(4)               That the changes in practice regarding the types of bins provided be agreed

(5)               That the reduction in waste to landfill and the rise in customer satisfaction levels of the waste and recycling service be noted. 

Reasons

The waste & recycling service is seen as a high priority service by residents. Both overall performance & customer satisfaction are high. However it is important that the service continues to deliver value for money into the future by reducing the cost of delivery and increasing the performance of the service. The proposals in this report seek to achieve this.

Options

Report of Head of Legal and Democratic Services

Summary

To grant project approval and to recommend the award of the external legal advice framework contract.

Recommendations

The Executive is recommended:

(1)               To grant project approval for and to authorise the Council’s entry into a framework contract arrangement under which legal services would be available from a panel of selected external solicitors, such arrangement to be put in place in conjunction with the other Oxfordshire authorities and other public sector bodies.

(2)               To authorise the award of the framework contract to the eight firms of solicitors specified in 2.5.

Recommendations Approved

The Head of Legal and Democratic Services submitted a report which sought to grant project approval and recommend the award of the external legal advice framework contract.

Resolved

(1)               That project approval be granted for and that the Council’s entry into a framework contract arrangement under which legal services would be available from a panel of selected external solicitors, such arrangement to be put in place in conjunction with the other Oxfordshire authorities and other public sector bodies be authorised.

(2)               To authorise the award of the framework contract to:

• Darbys Solicitors LLP
• Blake Lapthorn
• Eversheds LLP
• Trowers and Hamlins LLP
• Freeth Cartwright LLP
• Browne Jacobson LLP
• Veale Wasbrough Vizards
• Wragge and Co LLP

Reasons

Cherwell District Council had available to it a range of external legal services, from a number of firms of solicitors, through the use of a “call-off” contract put in place by all the Councils in Oxfordshire. This “call-off” contract expired at the end of July 2010 and has now been re-tendered.

Options

Report of Head of Finance and Corporate Strategy and Performance Manager

Summary

To inform the Executive of the service and financial planning process for 2011/12

to agree budget guidelines for issue to service managers to enable the production of the 2011/12 budget and update the Medium Term Financial Strategy for 2011/12 onwards.

Recommendations

The Executive is recommended to:

(1)          Note the service and financial planning process for 2011/12

(2)          Consider and agree the proposed budget guidelines and timetable for 2011/12 budget process.

Recommendations Approved

The Head of Finance and Corporate Strategy and Performance Manager submitted a report which informed the Executive of the service and financial planning process for 2011/12 and sought agreement of budget guidelines for issue to service managers to enable the production of the 2011/12 budget and update the Medium Term Financial Strategy for 2011/12 onwards.

Resolved

(1)          That the service and financial planning process for 2011/12 be noted

(2)          That the proposed budget guidelines and timetable for 2011/12 budget process be agreed.

Reasons

Council will be asked to agree the 2011/12 budget and corporate plan (and the service plans that underpin delivery) at their meeting on 21^st February 2011. 

Report of Strategic Director – Planning, Housing and Eceonomy

Summary

To consider the findings of the Value for Money (VFM) Review report and the recommendations arising from the report

Recommendations

The Executive is recommended:

(1)               To note that the service has delivered £160,000 savings above the £500,000 savings target set in the previous VFM review, and that these have been delivered ahead of schedule

(2)               To note the achievement of all other recommendations from the previous VFM review, save for those around process benchmarking, and ensure these are pursued during the remainder of 2010/11 to identify areas of greater efficiency

(3)               To endorse the overall conclusion of the review is that the service is now below average cost for housing strategy and private sector housing, and remains above average cost for homelessness due to local circumstances and activity rather than unnecessary spend. It has high performance in terms of lower use of temporary accommodation, delivery of affordable housing and responding to the recession. It is high quality in terms of high levels of user satisfaction

(4)               To agree that further improvements in value for money be sought and approve the following recommendations;

a.      Reduce and reconfigured staffing arrangements in line with the revised needs of the service to achieve savings of £60,000

b.      Review temporary accommodation contract management arrangements with Sanctuary Housing to achieve savings of £40,000 and improve contract performance

Recommendations Approved

The Strategic Director (Planning, Housing and Economy) submitted a report which presented the findings of the Value for Money (VFM) Review of housing and the recommendations arising from the report. Members requested that in implementing the conclusions of the review officers consider the possible resource implications of potential future changes to the housing benefit regime and report back on this as necessary.

Resolved

(1)               That it be noted that the service has delivered £160,000 savings above the £500,000 savings target set in the previous VFM review, and that these have been delivered ahead of schedule

(2)               That the achievement of all other recommendations from the previous VFM review, save for those around process benchmarking, and ensure these are pursued during the remainder of 2010/11 to identify areas of greater efficiency be noted

(3)               That the overall conclusion of the review, that the service is now below average cost for housing strategy and private sector housing, and remains above average cost for homelessness due to local circumstances and activity rather than unnecessary spend be endorsed. In addition it be noted that the service has high performance in terms of lower use of temporary accommodation, delivery of affordable housing and responding to the recession. Also it be noted that the service is high quality in terms of high levels of user satisfaction

(4)               That further improvements in value for money be sought and the following recommendations be approved;

a.      Reduce and reconfigured staffing arrangements in line with the revised needs of the service to achieve savings of £60,000

b.      Review temporary accommodation contract management arrangements with Sanctuary Housing to achieve savings of £40,000 and improve contract performance

Reasons

Housing was subject to a previous value for money review which reported to Executive on 12 May 2008. It was selected for a ‘revisit’ review during 2010/11 because high-level comparative budget information available through 2010/11 RA form analysis indicated it may still be comparatively expensive. A key element of the review was to better understand these comparative costs to verify the position of the service, and to identify any possible further savings.