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Agenda and draft minutes

Venue: Council Chamber, Council Offices, Woodgreen, Witney, Oxfordshire OX28 1NB. View directions

Media

Items
No. Item

17.

Apologies for Absence

To receive any apologies for absence and temporary appointments. The quorum for the Overview and Scrutiny Committee is 6 members.

Minutes:

Apologies for absence were received from Councillor Natalie King. Councillor David Jackson substituted for Councillor Natalie King.

 

Councillor Nick Leverton left the meeting at 18:24.

Councillor Liam Walker left the meeting at 18:30

Councillors Adam Clements and Liz Leffman left the meeting at 19:09

Councillor Thomas Ashby left the meeting at 19:15

Councillor Michele Mead left the meeting at 19:45

 

 

18.

Declarations of Interest

To receive any declarations from Members of the Committee on any items to be considered at the meeting.

Minutes:

There were no declarations of interest received from Members of the Committee.

19.

Minutes of Previous Meeting pdf icon PDF 82 KB

To approve the minutes of the meeting held 5 June 2024.

Minutes:

Councillor Michele Mead proposed that the minutes of the previous meeting, held on Wednesday 5 June 2024, be approved by the Committee as a true and accurate record. This was seconded by Councillor Steve Cosier, was put to a vote and was unanimously agreed by the Committee.

 

It was noted that Councillor Liz Leffman had given apologies and was therefore not absent. The attendance record for 5 June 2024 would be amended accordingly.

20.

Announcements from the Chair

To receive any announcements from the Chair of the Overview and Scrutiny Committee.

Minutes:

The Chair welcomed Members to the meeting.

 

21.

Participation of the Public

To receive any submissions from members of the public, in accordance with the Council’s Rules of Procedure, anyone who lives in the district or who pays council tax or business rates to the Council is eligible to read a statement or express an opinion at this meeting.  You can register to speak by sending your written submission of no more than 750 words to [email protected] by no later than 10.00am on the working day before the meeting.

Minutes:

There was no participation of the public.

22.

Publica Transition Plan pdf icon PDF 282 KB

Purpose:

To consider the Detailed Transition Plan and to note its contents.

 

Recommendations:

The Committee notes the report and agrees any recommendations it wishes to make to the Executive on 22 July 2024.

The Executive is recommended to recommend to Council to:

1.    Approve the implementation of Phase 1 of the Publica Transition on the basis of the Detailed Transition Plan;

2.    Delegate to the Chief Executive in consultation with the Leader of the Council the decision to deal with any final detail matters arising from the Detailed Transition Plan;

3.    Delegate authority to the Director of Governance in liaison with the Leader to update the constitution by making any consequential changes required as a result of Phase 1 of the Publica Transition;

4.    Carry out a budget re-basing for the 2026/7 financial year so that the funding provided to Publica is proportionate to the services received.

Additional documents:

Minutes:

The Chief Executive introduced the report that set out the services proposed to transfer, the process including phasing, consideration of risks and opportunities, cost implications, practicalities and timelines for the Publica transition.

 

It was explained that important work had been done collectively and alongside the Interim Programme Director to ensure the best outcomes were achieved.  Taking into consideration logically, the great detail of services to ensure any changes were done in a phased manner with a strong locality focus to ensure the organisation would deliver.

Special care was taken to recognise that service areas varied and that there would be differences in how Publica and the Council would be structured and reframed effectively whilst producing financial modelling.

The financial implications of the Publica Review had been the subject of extensive due diligence since programme inception in February 2024. The resulting financial modelling output reflects robust programme assumptions and a detailed audit trail of movements between baseline costing, of delivery via the current Publica model, to the new WODC structure posttransition, as proposed in the Detailed Transition Plan. The key financial implications of the Detailed Transition Plan were as follows:

Indicative enduring annual increase to West Oxfordshire District Council revenue budget of £185k per annum (pro rata for 2024/25 would be £77k) with one-off costs of restructuring between £207k to £301k, being the “most likely” and “maximum” scenario respectively.

The report also referenced business change and a focus on WODC with its needs and priorities, different services, both community wise and economic. The changes would bring better clarity in roles and responsibilities, responsiveness and agility.

There was a plan to implement minimum redundancies and the intention was to find places for as many people as possible.  TUPE would be used to facilitate this process and for the majority of staff the transition from Publica to West Oxfordshire District Council would straightforward with very little disruption.

The Interim Programme Director explained that he deliberately set up a programme office and asked Members to note the ‘Waterfall’ chart on page 31 that  highlights the core movements in cost from the Publica baseline costing to the WODC new structure post transition. The key assumptions which underpin the Phase 1 cost movements were:

·         The Council model assumed all Phase 1 roles were opted-in to Local Government Pension Scheme (LGPS) at the point of transfer (November 2024) with no subsequent opt out.

·         Newly created roles were in accordance with service delivery requirements under the Council model post Phase 1. Proposed organisational structures had been developed, to facilitate this cost modelling, and these would be refined and finalised after consultation with staff involved in Phase 1.

·          “Direct savings” result from roles not transferring to an equivalent role within the Council operating structure.

·         “Indirect savings” result from a Senior Management restructure within Publica. These savings were offered in entirety underneath the scope of Phase 1, therefore no further executive management savings were anticipated for future Phases.

·         For modelling purposes, both the one-off costs of transition and  ...  view the full minutes text for item 22.

23.

One-Year Publica Business Plan pdf icon PDF 69 KB

Purpose:

To consider the Draft Publica Business Plan 2024-25, produced by the Publica Board in consultation with Directors and Shareholders.

 

Recommendations:

The Committee notes the report and agrees any recommendations it wishes to make to the Executive on 22 July 2024.

The Executive is recommended to:

1.    Note the 2024/25 Publica Business Plan;

2.    Note that the Leader of the Council, as shareholder representative, will approve the Publica Business Plan 2024-2025 in due course.

Additional documents:

Minutes:

The Chief Executive introduced the report that considered the Draft Publica Business Plan 2024-25, produced by the Publica Board in consultation with Directors and Shareholders, and that recommended the Leader (as Shareholder Representative) approved the plan.

 

It was explained that the purpose of the plan had been updated from the previous version first introduced and was now as follows:

 

·         Acknowledge Publica (and the Shareholder Councils) were in a ‘transitional period’ to staff and interested parties such as Councillors and Ubico, Publica’s sister Teckal company;

·         Provide clear messages to employees and interested parties on the priorities  over the next year as part of a change management strategy;

·         Ensure there was a clear focus on supporting Publica employees through transition and manage service changes effectively;

·         Focus on the planning for the ‘New Publica’ and co-creating a new operating  model in partnership with the Shareholder Councils;

·         Working with the Shareholder Council’s to enable a smooth transition of services back under Council control.

 

The Chief Executive and the Interim Programme Director answered questions from Members and the following points were to be noted:

 

·         The future of Publica was an appropriate question and updates and further questions would be answered to that as and when.  It was believed that staff would find it was reassuring that it was business as usual.

·          There were priorities with the plan and those priorities would not be delayed.

·         Comments would be fed back to Officers that this document was not a business plan due to the lack of financial figures and it was a reassurance document but not a business plan.

 

RESOLVED that the Committee AGREED:

 

1. To Note the One-Year Publica Business Plan.

 

24.

Waste Service Update pdf icon PDF 231 KB

Purpose:

To provide members with an update of current waste services and to provide a timeline and options for future service design and delivery.

 

Recommendation:

That Overview and Scrutiny Committee resolves to:

1.    Note the contents of the report and provide feedback where necessary.

Minutes:

The Business Manager for Environmental Services  presented a report that provided Members with an update of current waste services and also provided a timeline and options for future service design and delivery.

It was explained that West Oxfordshire District Council (WODC) had contracted with Ubico for waste collection, street cleansing, grounds and other ancillary services since 1 April 2015. Ubico was a Teckal company wholly owned by its shareholder councils, WODC is a shareholder partner of Ubico. Ubico’s contract with WODC is due to end on 1 April 2026. Ubico’s performance, particularly in terms of key waste areas of missed bins and container deliveries had improved significantly over the last 12 months, particularly since the introduction of a shared improvement plan between Ubico and Publica. The contract required WODC to notify Ubico of its intentions regarding a future contract before 1 April 2025. This report provided a suite of options for a future contract.

WODC was a key partner of the Oxfordshire Waste and Resources Partnership. The partnership was a very active collection of like-minded local authorities who were aiming to find collaborative ways of working to generate savings, efficiencies, environmental improvements, and other corporate objectives. WODC had led a review of strategic container purchasing across the partnership and identified quick wins for neighbouring authorities to make significant savings on their container purchasing. WODC have been named on a partnership contract for sale of recycling material, this joint contract was projected to provide significant savings for WODC, a paper was being prepared seeking approval for this contract.

The Business Manager for Environmental Services answered questions from Members and the following points were to be noted:

 

·         There were active discussions going on to push new opportunities for a new recycling contract.

·         The example in the report of 3-4 times a week collections was only an example and does not represent was the current thinking around the new government would do. It was requested that this be removed as to not to confuse residents.

·         Missed material of any kind during a waste collection was classified as missed bins.

·         It was requested that scattered bins be included in the report criteria and online systems were being developed so that information could be used to retrain crews.

·         Think about how we can promote refill and reuse

 

Action point: The Business Manager for Environmental Services would investigate Councillor Mead’s address to find out what has happened with missed bins previously.

Action point: The Business Manager for Environmental Services would ask DEFRA to speak back to the Committee regarding broken equipment.

RESOLVED that the Committee AGREED:

 

1. To Note the Waste Service Update.

 

 

25.

Community Infrastructure Levy (CIL) Draft Charging Schedule pdf icon PDF 85 KB

Purpose:

To consider a draft CIL charging schedule which has been prepared in response to updated viability evidence.

 

Recommendations:

The Committee notes the report and agrees any recommendations it wishes to make to the Executive on 22 July 2024.

The Executive is recommended to:

1.    Approve the Community Infrastructure Levy Draft Charging Schedule (DCS) attached at Annex A for the purposes of a six-week period of public consultation in accordance with the Community Infrastructure Levy Regulations 2010 (as amended);

2.    Delegate authority to the Planning Policy Manager to make any minor factual/typographical amendments to the CIL Draft Charging Schedule (DCS) following consultation with the Executive Member for Planning and Sustainable Development, prior to publication;

3.    Recommend to Council to delegate authority to the Planning Policy Manager to submit the CIL charging schedule for independent examination in accordance with the Community Infrastructure Levy Regulations 2010 (as amended) including any minor modifications, following consultation with the Executive Member for Planning and Sustainable Development, subject to there being no significant issues raised during the six-week consultation period; and

4.    Ensure that appropriate mechanisms are put in place to enable Town and Parish Councils to meaningfully contribute with regard to potential Section 106 planning obligations when these are being negotiated.

Additional documents:

Minutes:

The Principal Planning Officer introduced the report that considered a draft CIL charging schedule which had been prepared in response to updated viability evidence. The report summarised the main outcomes of the viability work and the updated draft CIL charging schedule.

 

It was explained that the Community Infrastructure Levy (CIL) was a charge that may be levied on most forms of development to help fund infrastructure. Despite several previous public consultations, CIL had not been adopted in West Oxfordshire and therefore last year, Members agreed that fresh viability evidence should be commissioned with a view to public consultation taking place on a new CIL draft charging schedule. That viability evidence has now been completed and a new draft charging schedule has been prepared. Details of the various charges were set out in the report.

 

The Principal Planning Officer answered questions from Members and the following points were to be noted:

 

·         A pragmatic approach would be taken as set out in the report.

·         Once the Infrastructure Plan was complete there would be collaboration with other Councils on larger projects.

·         CIL was not negotiated on an application by application basis;  Section 106 was negotiable.

·         Rates were based on viability and it was advised a pragmatic approach be taken.

·         There were discussions in the past with other local authorities and that would happen again in due course and rates were very similar amongst them.

·         CIL was capped at 15% if no Local Plan in place; 25% if a Local Plan was in place. It was a complex mechanism and Officers would need to come back to Members on that point; however, the broad understanding was that it was capped on the number of properties which was 110 per existing on that dwelling.

·         An Infrastructure Development Plan (IDP) was due to update the funding gap analysis and would help close the infrastructure funding gap.

·         There would be an update of all the categories and money expected in the funding gap analysis and the funding statement.

·         In regards to point 3.4 on page 89 of the pack the developments listed at nil and that due to it being based on viability. Whilst assessing viability it was looked at as a whole and there were a number of variations.

·         Neighbourhood plans allowed for Towns and Parishes to decide what infrastructure they would like to see and identify a level of need in the community.

·         CIL was based on a viability exercise and it was recommended by CIL experts that it was not charged on strategic development sites.

·         It was an umbrella term was listed in section 3.2 and strategic sites would be clarified planning officers were happy to work with Parish Councillors on their neighbourhood plans and also on the proposed policies which would also be further clarified in the table.

 

 

 

RESOLVED that the Committee AGREED:

 

1. To Note the Community Infrastructure Levy (CIL) Draft Charging Schedule.

 

 

26.

Financial Performance Report 2023-24 Quarter Four pdf icon PDF 441 KB

Purpose:

To report the financial performance of the Council in 2023/24.

 

Recommendations:

The Committee notes the report and agrees any recommendations it wishes to make to the Executive on 22 July 2024.

The Executive is recommended to:

  1. Note the 2023/24 financial performance;
  2. Recommend to Council to carry forward the capital budget of £4,086,328;
  3. Recommend to Council to approve the transfers to and between Earmarked Reserves as detailed in the report.

 

Additional documents:

Minutes:

The Director of Finance reported the financial performance of the Council in 2023/24.

 

The Chief Accountant explained that at year end the overspend on cost of services was £972,473. This was driven by pressure on fee earning activities such as Building Control, Land Charges and Development Management. In addition, there is a significant overspend on the Ubico contract, due to the impact of the NJC pay award and additional costs for vehicle hire. There were also voids and rent free periods in the Council’s Investment Property portfolio exacerbated this year end position. There was a table that outlined all the expenditures and savings per service on page 119 of the agenda pack.

 

The Chief Accountant answered questions from Members and the following points were to be noted:

 

·         It was only the Capital Expenditure Budget that was slipping and therefore it was unlikely to affect residents directly. The reason for the slipping of the projects were various changes and business cases required.

·         Councillor commended and thanked Officers for the report.

 

RESOLVED that the Committee AGREED:

 

1. To Note the Financial Performance Report 2023-24 Quarter Four

27.

Public Convenience Contract pdf icon PDF 66 KB

Purpose:

To note that a contract award for the cleaning and maintenance of public conveniences would be agreed by the Executive.

 

Recommendation:

The Committee notes the report and agrees any recommendations it wishes to make to the Executive on 22 July 2024.

The Executive is recommended to:

1.    Award the contract for cleaning and maintenance of public conveniences to the preferred contractor.

Additional documents:

Minutes:

The Parking Manager introduced a report that would ask Executive to consider to agree a contract award for the cleaning and maintenance of public conveniences.

 

It was explained that the procurement process was carried out with an open tender method. The new contract would benefit from economies of scale being a shared contract across Cotswold District Council and West Oxfordshire District Council.

 

The council owned public conveniences were currently cleaned and maintained by Danfo (UK) Ltd under contract. The contract expires on the 30th September 2024, and a procurement exercise had been completed to secure a new contract from 1st October 2024 for a period of 4 years.

 

Quality criteria included an assessment of the bidders’ ability to meet the required standards, their arrangements for management and supervision, their approach to manage customer complaints, their fleet management arrangements, their resilience and their approach to health and safety and sustainability.

 

Officers evaluated the bids, the outcome being that the preferred contractor for

recommendation was Danfo (UK) Ltd, the current supplier. (Annex B)

 

The Parking Manager answered questions from Members and the following points were to be noted:

 

·         It was only the contract that was being looked at not services in general.

·         Outsourcing to Parish and Town Councils was not looked at on the occasion; however it would be looked at under the review.

·         There review would come out once the contract was decided and within that contract there was a clause that enabled negotiation of more or less services to be provided.

 

RESOLVED that the Committee AGREED:

 

1. To Note the Public Convenience Contract.

 

28.

Report back on recommendations pdf icon PDF 172 KB

For the Committee to note the Executive’s response to any recommendations arising from the previous Overview and Scrutiny Committee meeting.

Minutes:

There was one item that was reported back for recommendations from the Executive, which was the Approval of upgrading CCTV provisions on page 144 of the agenda pack and it was for noting.

29.

Committee Work Programme pdf icon PDF 91 KB

Purpose:

To provide the Committee with an updated Work Programme for 2024/25.

 

Recommendation:

That the Committee notes and comments on the work programme.

Minutes:

There was a suggestion to examine access to dentistry in the District. Officers would be consulted and it would be determined if a report could come to Overview and Scrutiny.

 

The Committee Work Programme was noted.

30.

Executive Work Programme pdf icon PDF 156 KB

Purpose:

To give the Committee the opportunity to comment on the Executive Work Programme.

 

Recommendation:

That the Committee agrees which items on the Executive Work Programme should be subject to pre-decision scrutiny and the priority order of those items.

Minutes:

The Executive Work Programme was noted.

31.

Matters Exempt from Publication and Exclusion of Press and Public

If the Overview and Scrutiny Committee wishes to exclude the press and public from the meeting during consideration of any of the items on the exempt from publication part of the agenda, it will be necessary for the Overview and Scrutiny Committee to pass a resolution in accordance with the provisions section 100A of the Local Government Act 1972 on the grounds that their presence could involve the likely disclosure of exempt information as described in specific paragraphs of Schedule 12A of the Local Government Act 1972.

 

The Overview and Scrutiny Committee may maintain the exemption if and so long as, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

 

Minutes:

There was no requirement for an exempt session.

32.

Public Convenience Contract - Exempt Appendix

Minutes:

This item was not discussed.