Agenda, decisions and minutes

Venue: The Forum, Moat Lane, Towcester, Northants NN12 6AD

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

Items
No. Item

51.

Declarations of Interest

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.

 

Minutes:

5. Referrals from the Community Funding Panel Meeting held on 7 January 2019.

Councillor Dermot Bambridge, Non Statutory Disclosable Interest, as a member of Silverstone Parish Council which had submitted a grant application and would leave the meeting for the consideration of this application and therefore not participate in the debate or vote on this application.

 

52.

Minutes pdf icon PDF 196 KB

To confirm as a correct record the Minutes of the meeting of Cabinet held on 10 December 2018.

Minutes:

The Minutes of the meeting of Cabinet held on 10 December 2018 were agreed as a correct record and signed by the Chairman.

53.

Chairman's Announcements

To receive communications from the Chairman.

Minutes:

The Chairman thanked Members for attending the meeting at the earlier start time which was due to the Special Council meeting at 6pm.

54.

Referrals from the Community Funding Panel Meeting held on 7 January 2019 pdf icon PDF 123 KB

Report of Executive Director: Operations

 

Purpose of report

 

To take recommendations from the Council’s Community Funding Panel regarding applications of over £20,000 which cannot be granted under delegated authority.

 

Recommendations

            

The meeting is recommended:

 

 1.1         To agree any recommendations from the Community Funding Panel after its meeting on 7 January 2019. 

 

Additional documents:

Decision:

Resolved

 

(1)          That the recommendation of the Community Funding Panel to award  Marston St Lawrence Village Hall £32,914 from the Community Development Capital Fund be agreed.

 

(2)          That the recommendation of the Community Funding Panel to award Shutlanger Parish Council £18,232 under the Community Development Capital Fund and £6,714 under the New Homes Bonus Local Community Fund be agreed.

 

(3)          That the recommendation of the Community Funding Panel to award CANOSN £61,898 under the New Homes Bonus Voluntary Sector Fund be agreed.

 

(4)          That the recommendation of the Community Funding Panel to award Silverstone Parish Council £29,740 from the New Homes Bonus Local Community Fund be agreed.

 

(5)          That the recommendation of the Community Funding Panel to award Litchborough Village Hall Committee £22,500 from the New Homes Bonus Local Community Fund.

 

(6)          That the recommendation of the Community Funding Panel to award Friends of Heseltine Gallery £28,870 from the New Homes Bonus Local Community Fund be agreed.

 

(7)          That the recommendation of the Community Funding Panel to award Hartwell Parish Council £53,995 from the New Homes Bonus Local Community Fund be agreed.

Minutes:

The Assistant Director: Communities submitted a report for Cabinet to take recommendations from the Council’s Community Funding Panel regarding applications of over £20,000 which cannot be granted under delegated authority.

 

In presenting the report, the Portfolio Holder for Finance and Governance advised Members that the Roade Village Hall & Playing Field Charity had submitted a revised grant application for an amount less that £20,000 and therefore a decision on this application was not required by Cabinet.

 

Resolved

 

(1)          That the recommendation of the Community Funding Panel to award  Marston St Lawrence Village Hall £32,914 from the Community Development Capital Fund be agreed.

 

(2)          That the recommendation of the Community Funding Panel to award Shutlanger Parish Council £18,232 under the Community Development Capital Fund and £6,714 under the New Homes Bonus Local Community Fund be agreed.

 

(3)          That the recommendation of the Community Funding Panel to award CANOSN £61,898 under the New Homes Bonus Voluntary Sector Fund be agreed.

 

(4)          That the recommendation of the Community Funding Panel to award Silverstone Parish Council £29,740 from the New Homes Bonus Local Community Fund be agreed.

 

(5)          That the recommendation of the Community Funding Panel to award Litchborough Village Hall Committee £22,500 from the New Homes Bonus Local Community Fund.

 

(6)          That the recommendation of the Community Funding Panel to award Friends of Heseltine Gallery £28,870 from the New Homes Bonus Local Community Fund be agreed.

 

(7)          That the recommendation of the Community Funding Panel to award Hartwell Parish Council £53,995 from the New Homes Bonus Local Community Fund be agreed.

 

Reasons

 

The Community Funding Panel reviewed at its meeting on 7 January 2019 and was satisfied that the applications met the Council’s grant giving criteria and would contribute to the health and wellbeing of the district

 

Alternative options

 

Option 1: Reject the recommendations of the Community Funding Panel. It is not recommended that this option be pursued as applications that are recommended by the Community Funding Panel will be in line with Council policy.

55.

Collaboration Agreement pdf icon PDF 403 KB

Report of Executive Director: Resources (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.

 

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 Executive Director: Resources (Monitoring Officer) submitted a report which sought a recommendation from Cabinet to Full Council that it agrees to enter into a Collaboration Agreement between Cherwell District and South Northamptonshire councils.

 

The Governance and Elections Manager advised Cabinet that the Chairman of the Scrutiny Committee had agreed to waive call in for this item to ensure no delay to the Agreement being entered into following the end of the Section 113 Agreement on 16 January 2019.

 

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  ...  view the full minutes text for item 55.

56.

Local Discretionary Business Rate Relief Scheme for 2019-20 pdf icon PDF 128 KB

Report of Assistant Director: Finance, Procurement and Property (Section 151 Officer)

 

Purpose of report

 

For members to consider the proposed Local Discretionary Relief Policy 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 (Appendix A).

 

Additional documents:

Decision:

Resolved

 

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

 

(2)            That subject to a review of the £50.00 cap to be introduced so that the relief awarded is for eligible properties where the amount of relief is £50.00 or more, the adoption of the local Discretionary Business Rate Relief Scheme for 2019-20 be recommended to Full Council.

 

Minutes:

The Assistant Director: Finance, Procurement and Property (Section 151 Officer) submitted a report for Members to consider the proposed Local Discretionary Relief Policy for 2019-2020.

 

In considering the report, the Chairman referred to the new section of the policy whereby a cap of £50 had been introduced so that the relief awarded was for eligible properties where the amount of relief was £50 or more and proposed that this cap be removed. Cabinet endorsed the proposal.

 

In the course of the discussion, Members noted the allocations for 2019/20 and 2020/21 and requested that officers review the feasibility and legality of combining the funding allocation for use over the whole period.

 

Resolved

 

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

 

(2)            That subject to a review of the £50.00 cap to be introduced so that the relief awarded is for eligible properties where the amount of relief is £50.00 or more, the adoption of the local Discretionary Business Rate Relief Scheme for 2019-20 be recommended to Full Council.

 

Reasons

 

Members of the Budget and Financial Strategy Committeehave considered this report and have recommended to Cabinet to approve the adoption of the Local Discretionary Business Rates Relief Scheme 2019-2020.

 

Alternative options

 

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

 

57.

Business Rates Relief Policy pdf icon PDF 149 KB

Report of Assistant Director: Finance, Procurement and Property (Section 151 Officer)

 

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 that Full Council 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 Assistant Director: Finance, Procurement and Property (Section 151 Officer) 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 and Financial Strategy Committee have considered this report and have recommended to Cabinet the introduction of the Business rates retail relief scheme 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.

58.

Council Tax Base 2019-2020 pdf icon PDF 129 KB

Report of Assistant Director: Finance, Procurement and Property (Section 151 Officer)

 

Purpose of report

 

To provide Cabinet 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 Portfolio Holder for Finance and Governance.

 

Recommendations

            

The meeting is recommended:

 

1.1       That the report of the Section 151 Officer for the calculation of the Council’s Tax Base for 2019-2020 be considered and:

 

(a)       That pursuant to the Section 151 Officer’s report and in accordance with the Local Authorities (Calculation of Council Tax Base) (England) Regulations 2012, the amount calculated by South Northamptonshire Council as its Council Tax Base for the year 2019-2020 shall be 36,067.1.  This will be subject to final confirmation by the Section 151 Officer in consultation with the Portfolio Holder for Finance and Governance.

                      

            (b)       That 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)        That 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 the Northamptonshire County Council by River Authorities, shall be:

Thames Flood Defence Area

    5,626.1

Anglian (Great Ouse) Flood Defence Area

  20,645.8

Anglian (Welland and Nene) Flood Defence Area

    9,795.2

  36,067.1

 

 

1.2       To delegate final approval of the Council Tax Base for 2019-2020 to the Section  151 Officer in consultation with the Portfolio Holder for Finance and Governance.

 

Additional documents:

Decision:

Resolved

 

(1)            That having given due consideration to the report of the Section 151 Officer for the calculation of the Council’s Tax Base for 2019-2020, the following be agreed:

 

(a)      That pursuant to the Section 151 Officer’s report and in accordance with the Local Authorities (Calculation of Council Tax Base) (England) Regulations 2012, the amount calculated by South Northamptonshire Council as its Council Tax Base for the year 2019-2020 shall be 36,067.1.  This will be subject to final confirmation by the Section 151 Officer in consultation with the Portfolio Holder for Finance and Governance.

                      

          (b)      That 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)      That 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 the Northamptonshire County Council by River Authorities, shall be:

 

Thames Flood Defence Area

    5,626.1

Anglian (Great Ouse) Flood Defence Area

  20,645.8

Anglian (Welland and Nene) Flood Defence Area

    9,795.2

  36,067.1

 

(2)            That final approval of the Council Tax Base for 2019-2020 be delegated to the Section 151 Officer in consultation with the Portfolio Holder for Finance and Governance.

 

Minutes:

The Assistant Director: Finance, Procurement and Property (Section 151 Officer) submitted a report to provide Cabinet 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 Portfolio Holder for Finance and Governance.

 

Resolved

 

(1)          That having given due consideration to the report of the Section 151 Officer for the calculation of the Council’s Tax Base for 2019-2020, the following be agreed:

 

(a)       That pursuant to the Section 151 Officer’s report and in accordance with the Local Authorities (Calculation of Council Tax Base) (England) Regulations 2012, the amount calculated by South Northamptonshire Council as its Council Tax Base for the year 2019-2020 shall be 36,067.1.  This will be subject to final confirmation by the Section 151 Officer in consultation with the Portfolio Holder for Finance and Governance.

                      

            (b)       That 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)        That 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 the Northamptonshire County Council by River Authorities, shall be:

 

Thames Flood Defence Area

    5,626.1

Anglian (Great Ouse) Flood Defence Area

  20,645.8

Anglian (Welland and Nene) Flood Defence Area

    9,795.2

  36,067.1

 

(2)          That final approval of the Council Tax Base for 2019-2020 be delegated to the Section 151 Officer in consultation with the Portfolio Holder for Finance 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.

 

59.

CSN Resources and Associates Member Shareholder Arrangements pdf icon PDF 280 KB

Report of Executive Director: Resources (Monitoring Officer)

 

Purpose of report

 

From 16 January 2019, to reassign the shareholder function for CSN in light of the end of the S113 Agreement with Cherwell District Council (CDC) and delegate day to day shareholder functions.

 

To note the work undertaken to ensure good company governance.

 

Recommendations

 

The meeting is recommended:

 

1.1         To assign responsibility for the shareholder function for CSN to three councillors drawn from the Cabinet.

 

1.2         To appoint three members of Cabinet as lead councillors.

 

1.3         To delegate day to day shareholder functions to the Executive Director: Resources, as shareholder representative.

 

1.4         To note the work undertaken to ensure good company governance.

 

Decision:

Resolved

 

(1)            That responsibility for the shareholder function for CSN be appointed to three councillors drawn from the Cabinet.

 

(2)            That Councillors McCord, Cooper and Rawlinson be appointed as lead councillors.

 

(3)            That day to day shareholder functions be delegated to the Executive Director: Resources, as shareholder representative.

 

(4)            That the work undertaken to ensure good company governance be noted.

Minutes:

The Executive Director: Resources (Monitoring Officer) submitted a report for Cabinet to reassign the shareholder function for CSN in light of the end of the S113 Agreement with Cherwell District Council (CDC) on 16 January 2019 and delegate day to day shareholder functions and also to note the work undertaken to ensure good company governance.

 

The Chairman of the Scrutiny Committee had agreed to waive call in for this item to ensure no delay to the Agreement being entered into following the end of the Section 113 Agreement on 16 January 2019.

 

Resolved

 

(1)          That responsibility for the shareholder function for CSN be appointed to three councillors drawn from the Cabinet.

 

(2)          That Councillors McCord, Cooper and Rawlinson be appointed as lead councillors.

 

(3)          That day to day shareholder functions be delegated to the Executive Director: Resources, as shareholder representative.

 

(4)          That the work undertaken to ensure good company governance be noted.

 

Reasons

 

Through agreeing with the recommendations in this report the council is putting in place arrangements that allow the relationship between the council and CSN to continue; and is ensuring good and continuous improvement on company governance.

 

Alternative options

 

Do Nothing: This would end the governance arrangements between the council and CSN.

 

60.

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

Report of Assistant Director: Customers and Corporate Services and Assistant Director: Finance, Procurement and Property

 

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 Assistant Director: Finance, Procurement and Property (Section 151 Officer) and Assistant Director: Customers and Corporate Services 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 for 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.

61.

Draft Business Plan 2019/20 and Summary Medium Term Financial Strategy 2019/20 - 2023/24 pdf icon PDF 610 KB

Report of Assistant Director Finance, Procurement and Property (Section 151 Officer)

 

Purpose of report

 

The Business Plan and Medium Term Financial Strategy are presented as an integrated report. This demonstrates the Council’s strategic approach to aligning its resources to the delivery of Council’s 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 Assistant Director Finance, Procurement and Property (Section 151 Officer) 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 Medium Term Financial Strategy were presented as an integrated report which demonstrated the Council’s strategic approach to aligning its resources to the delivery of Council’s priorities.

 

In considering the report, Members commented that the term “Healthy Place Shaping” which was part of the Business Plan was jargon and requested officers to review the term and find an alternative term to represent this aspect of the business plan.

 

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.

62.

Urgent Business (previously agreed with the Chairman)

To consider any items of urgent business.

Minutes:

There were no items of urgent business.