Agenda item

Report of Assistant Director – Growth and Economy

Purpose of report

The purpose of this report is to:

(i)    provide an update on the process for Banbury Business Improvement District (the BID)’s renewal ballot;

(ii)  seek Member/officer delegations to establish, via a series of officer and member meetings, CDC’s voting position.

(iii)seek the necessary officer delegations for the ballot process (including delegation of authority to a senior officer to cast votes in the ballot);

Recommendations

The meeting is recommended:

1.1       To note the steps required in the process leading to Banbury BID’s renewal ballot.

1.2       To delegate authority to the Assistant Director – Growth and Economy; the Assistant Director – Finance, and the Council’s Monitoring Officer to review the draft Business Plan submitted by the BID in order to enable the Plan to be approved as compliant with the relevant BID legislation within the required timescale; or reject it, in which case, it would not be possible to proceed with the renewal ballot.

1.3      To delegate authority to the Assistant Director of Finance, as the Council’s s.151 officer, to determine the Levy Collection Fee per annum for the next five year term and negotiate as required with the BID.

1.4       To delegate authority to the Assistant Director - Growth and Economy, in conjunction with the Assistant Director of Finance and the Council’s Monitoring Officer, to enter into and amend any agreements, legal or contractual, between the Council and the BID, including the Operating Agreement; Data Sharing Agreement; and Baseline Statement.

1.5      To delegate authority to the Corporate Director – Communities, in conjunction with the Assistant Director – Growth and Economy; the Assistant Director – Finance; the Council’s Monitoring Officer; the Leader of the Council; the Portfolio Holder for Regeneration and Economy; and the Council’s Banbury BID Board elected member observer, to establish, via officer and member meetings, the Council’s voting position in the renewal ballot.

1.6     To delegate authority to the Corporate Director - Communities to cast the votes on behalf of the Council in the renewal ballot.

Resolved

(1)           That the steps required in the process leading to Banbury BID’s renewal ballot be noted.

(2)           That authority be delegated to the Assistant Director – Growth and Economy; the Assistant Director – Finance, and the Council’s Monitoring Officer to review the draft Business Plan submitted by the BID in order to enable the Plan to be approved as compliant with the relevant BID legislation within the required timescale; or reject it, in which case, it would not be possible to proceed with the renewal ballot.

(3)           That authority be delegated to the Assistant Director of Finance, as the Council’s s.151 officer, to determine the Levy Collection Fee per annum for the next five year term and negotiate as required with the BID.

(4)           That authority be delegated to the Assistant Director - Growth and Economy, in conjunction with the Assistant Director of Finance and the Council’s Monitoring Officer, to enter into and amend any agreements, legal or contractual, between the Council and the BID, including the Operating Agreement; Data Sharing Agreement; and Baseline Statement.

(5)           That it be agreed that all of the Council’s Eligible Votes be used to vote in favour of the Banbury Bid at the forthcoming ballot.

(6)           That authority be delegated to the Corporate Director - Communities to cast the votes on behalf of the Council in the renewal ballot.

The Assistant Director – Growth and Economy submitted a report to provide an update on the process for Banbury Business Improvement District (the BID)’s renewal ballot, to consider the council’s voting position and to seek the necessary officer delegations for the ballot process (including delegation of authority to a senior officer to cast votes in the ballot).

In introducing the report the Deputy Leader and Portfolio Holder for Regeneration and Economy advised that he had held informal discussions with  Executive members who agreed that all of the Council’s eligible votes be used to vote in favour of the BID. The Deputy Leader and Portfolio Holder for Regeneration and Economy proposed amended recommendations 1.4 and 1.5 to reflect that the Council’s eligible votes be used to vote in favour of the BID and that authority be delegated to the Corporate Director Communities to vote accordingly. Councillor Clarke duly seconded.

The Deputy Leader and Portfolio Holder for Regeneration and Economy advised that the Chairman of the Overview & Scrutiny Committee had agreed to waive call in for this item to allow for immediate implementation of the Executive’s decisions as it was time critical for the BID renewal ballot process that that the Council formally advise the BID as to whether or not their Business Plan was compliant with the Regulations as soon as possible after the Executive meeting.

Resolved

(1)          That the steps required in the process leading to Banbury BID’s renewal ballot be noted.

(2)          That authority be delegated to the Assistant Director – Growth and Economy; the Assistant Director – Finance, and the Council’s Monitoring Officer to review the draft Business Plan submitted by the BID in order to enable the Plan to be approved as compliant with the relevant BID legislation within the required timescale; or reject it, in which case, it would not be possible to proceed with the renewal ballot.

(3)          That authority be delegated to the Assistant Director of Finance, as the Council’s s.151 officer, to determine the Levy Collection Fee per annum for the next five year term and negotiate as required with the BID.

(4)          That authority be delegated to the Assistant Director - Growth and Economy, in conjunction with the Assistant Director of Finance and the Council’s Monitoring Officer, to enter into and amend any agreements, legal or contractual, between the Council and the BID, including the Operating Agreement; Data Sharing Agreement; and Baseline Statement.

(5)          That it be agreed that all of the Council’s Eligible Votes be used to vote in favour of the Banbury Bid at the forthcoming ballot.

(6)          That authority be delegated to the Corporate Director - Communities to cast the votes on behalf of the Council in the renewal ballot.

Reasons

The meeting is asked to note the steps required in preparation for the renewal ballot and to approve the recommendations in order to have the necessary delegations of authority in place to enable the renewal ballot’s progression in alignment with the BID Regulations 2004.

Alternative options

Option 1: Not to approve the recommended delegations of authority.

Reason for rejection: This is rejected because not approving the recommended delegations of authority would mean that the Council would be unable to fulfil its role as Ballot Holder; Billing Authority and Regulator in alignment with the BID Regulations 2004 in undertaking the actions required for the renewal ballot and thereafter.