Agenda, decisions and minutes

Cabinet - Tuesday, 19 April 2016 2.00 pm

Venue: Rooms 1&2 - County Hall, New Road, Oxford OX1 1ND. View directions

Contact: Sue Whitehead  Tel: (01865) 810262; E-Mail:  sue.whitehead@oxfordshire.gov.uk

Items
No. Item

29/16

Minutes pdf icon PDF 127 KB

To approve the minutes of the meeting held on 15 March 2016 (CA3) and to receive information arising from them.

Minutes:

The Minutes of the meeting held on 15 March 2016 were approved and signed as a correct record subject to the following amendment:

 

Minute 25/16 - The last sentence of paragraph 6 of the preamble to be amended as set out in bold below:

 

“She (Councillor Heathcoat) had previously met with Mr Taylor and providers and a summary of the consultations was provided.”

30/16

Questions from County Councillors pdf icon PDF 165 KB

Any county councillor may, by giving notice to the Proper Officer by 9 am two working days before the meeting, ask a question on any matter in respect of the Cabinet’s delegated powers.

 

The number of questions which may be asked by any councillor at any one meeting is limited to two (or one question with notice and a supplementary question at the meeting) and the time for questions will be limited to 30 minutes in total. As with questions at Council, any questions which remain unanswered at the end of this item will receive a written response.

 

Questions submitted prior to the agenda being despatched are shown below and will be the subject of a response from the appropriate Cabinet Member or such other councillor or officer as is determined by the Cabinet Member, and shall not be the subject of further debate at this meeting. Questions received after the despatch of the agenda, but before the deadline, will be shown on the Schedule of Addenda circulated at the meeting, together with any written response which is available at that time.

Minutes:

Councillor Bulmer had given notice of the following question to Councillor Nimmo Smith:

 

“Could the Cabinet Member responsible for rail tell me what representations OCC can make regarding the fact that Network Rail have failed to carry out a landscape impact assessment in the AONB when erecting the gantries?”

 

Councillor Nimmo Smith replied:

 

“Further to the question from Councillor Bulmer regarding what impact assessment has been undertaken on the introduction of Gantries along the Great Western Railway through the North Wessex and Chiltern AONB.

 

OCC can confirm that Network Rail are currently undertaking a review of the Overhead Line Equipment (OLE) design and mitigation options within both the Chilterns and North Wessex Downs AONBs in order to fully address their obligations to have due regard for the impact on the landscapes. Network Rail are working with the Conservation Boards and Natural England on this, and will be setting up an Advisory Panel to include other stakeholders. Network Rail have also committed to undertake a public consultation on these outcomes later this year.

 

The length of railway in question where gantries have already been erected is the test track section for the route and therefore critical to the delivery of the whole electrification programme. Network Rail have provided written confirmation to undertake retrospective works within the AONBs based on the outcome of the above processes, subject to funding approval, and this is available on their website. http://www.networkrail.co.uk/great-western-route-modernisation/oxfordshire/ 

 

 

Councillor Howson had given notice of the following question to Councillor Tilley:

 

“How many primary schools in each of the following categories are currently rated outstanding by Ofsted

community

voluntary

academy”

 

Councillor Tilley replied:

 

“The answer to Councillor Howson’s question is as follows:

 

There are currently 23 Outstanding Primary School in Oxfordshire:

 

Academy             -              8

Community         -              8

Voluntary            -              7”

 

Supplementary: In response to a question about how far Councillor Tilley agreed with a letter from John Howell, MP supporting the academisation scheme Councillor Tilley replied that she had gone on record with her disagreement to the process and her concerns over small schools.

 

 

Councillor Smith had given notice of the following question to Councillor Nimmo Smith:

 

“Would the cabinet member agree that taking away all parking spaces on both sides of highway designated as a B road in residential areas increases vehicle speed?”

 

Councillor Nimmo Smith replied:

 

“The speed on any road is predominantly dictated by the environment that the driver experiences and so the impact of removing parking would have to be considered alongside the nature of the road, how bendy it is, what forward visibility is available and how far back the properties are from the road.  In addition if the parking is removed but then replaced by alternative measures then the impact could be to maintain the available road space for vehicles and in these circumstances we would not expect any significant change in average speed.  However, in the theoretical situation where there is good visibility, a straight road and no additional changes are being made to the  ...  view the full minutes text for item 30/16

31/16

Petitions and Public Address pdf icon PDF 69 KB

Minutes:

Item 6 – Councillor Nick Hards, Shadow Cabinet Member for Finance

Councillor John Howson, local councillor for St Margaret’s

Councillor Roz Smith, local councillor for Headington & Quarry

 

Item 8– Councillor Steve Curran, Shadow Cabinet Member for Environment

 

Item 9 – Councillor Liz Brighouse, Chairman of the Performance Scrutiny Committee.

32/16

2015/16 Financial Monitoring & Business Strategy Report - February 2016 pdf icon PDF 172 KB

Cabinet Member: Finance

Forward Plan Ref: 2015/115

Contact: Katy Jurczyszyn, Strategic Finance Manager (Finance, Strategy & Monitoring) Tel: (01865) 323976

 

Report by Chief Finance Officer (CA6).

 

This report is the penultimate for the 2015/16 financial year. The final directorate variations will be set out in the Provisional Outturn Report to Cabinet in June 2016. 

 

The Cabinet is RECOMMENDED to:

(a)         note the report;

(b)         note the Treasury Management lending list at Annex 4;

(c)         to approve the transfer of £0.2m to the Efficiency Reserve as set out in paragraph 48;

(d)              note the changes to the Capital Programme set out in Annex 7b and 7c.

Additional documents:

Minutes:

Cabinet considered the penultimate report in a series for the 2015/16 financial year. The final directorate variations will be set out in the Provisional Outturn Report to Cabinet in June 2016. 

 

Councillor Hards, Shadow Cabinet Member for Finance, congratulated everyone on such a good performance in challenging times. He highlighted children’s services as the main area of concern and asked questions in relation to the high number of looked after children and on the high needs funding element of the DSG. He also queried the reasons for the underspend in Social & Community Services as outlined in paragraph 24.

 

Councillor Tilley responded to the questions that had been raised commenting that the increase in looked after children should be seen as a positive as the Council was helping more vulnerable children. Councillor Stratford undertook to come back to Councillor Hards on the question on high needs funding. Councillor Heathcoat explained the context behind the figures in paragraph 24.

 

Councillor John Howson, local councillor for St Margaret’s raised a number of concerns in relation to schools and in particular he highlighted school place planning and the cost of transport for children with special educational needs. In the light of the two Multi Academy Trusts in special financial measures he also questioned the implications for the County Council pension fund of failed academy trusts. Councillor Stratford agreed that the cost of SEN transport was a concern. With regard to the financial position of academies he would speak to pensions’ officers to clarify the position. The Chairman added that the implications for the pension fund was a question for the Pension Fund Committee.

 

Councillor Roz Smith, local councillor for Headington & Quarry raised local concerns about the length of time people were waiting for the reablement service and queried whether the cabinet member would be seeking to find the reasond for the underspend in this service. She also queried why the take up of carers grants was so low. Councillor Smith also expressed concern should the Oxfordshire Clinical Commissioning Group did not make the contribution referred to in the report.

 

Councillor Heathcoat advised that the particular resident referred should contact adult social care. On the carers grant she explained what was done to promote the grant including through the web site and call centre and through outside agencies such as Age Concern. She noted that this was the penultimate report in the series and that following discussion with OCCG there would be a contribution from them that would be reflected in the final figures.

 

Councillor Lawrie Stratford introduced the contents of the report and in moving the recommendations highlighted the information on capital programme monitoring that reflected re-profiling on several schemes.

 

Cabinet was advised that the underspend with regard to the Oxfordshire Fire & Rescue Service had reduced as a result of the inclusion of an early estimate of the cost of the major incident at Didcot Power Station. Cabinet recorded their appreciation of the efforts not only of the OFRS but of other services that  ...  view the full minutes text for item 32/16

33/16

Oxfordshire Together pdf icon PDF 77 KB

Cabinet Member: Deputy Leader

Forward Plan Ref: 2016/024

Contact: Owen Jenkins, Services Manager for Highways, Transport & Waste Tel: (01865) 323304

 

Report by Director for Environment & Economy (CA7).

 

The paper asks formal Cabinet to consider an update to the existing Resolution that forms part of the Local Agency Agreements (Section 101 under the Local Government Act 1972). 

 

Cabinet are RECOMMENDED to:

 

(a)       agree an updated resolution that covers highway services (and associated activities) identified as part of the Oxfordshire Together (Highways) proposal.

(b)       approve the wording on the front of the Local Agency Agreements issued under section 101 of the Local Governments Act 1972 as follows:

 

Agreement Under Section 101

of the Local Government Act 1972

 

Relating to various highway (and traffic and drainage) functions

(suitable for highways, grass cutting, weed control, footway clearance, basal tree growth, cleaning signs, drainage, illegal sign removal and vegetation letters, grip maintenance, school crossing patrols and any other Highway service (or associated activities)) that the Environment & Economy Director and County Solicitor deem to be appropriate.

 

 

 

 

 

Minutes:

Cabinet considered a report seeking an update to the existing resolution that forms part of the Local Agency Agreements (Section 101 under the Local Government Act 1972). 

 

RESOLVED:             to:

 

(a)       agree an updated resolution that covers highway services (and associated activities) identified as part of the Oxfordshire Together (Highways) proposal.

(b)       approve the wording on the front of the Local Agency Agreements issued under section 101 of the Local Governments Act 1972 as follows:

 

Agreement Under Section 101

of the Local Government Act 1972

 

Relating to various highway (and traffic and drainage) functions

(suitable for highways, grass cutting, weed control, footway clearance, basal tree growth, cleaning signs, drainage, illegal sign removal and vegetation letters, grip maintenance, school crossing patrols and any other Highway service (or associated activities)) that the Environment & Economy Director and County Solicitor deem to be appropriate.

 

 

34/16

Street Lighting Contract and Interim Policy pdf icon PDF 100 KB

Cabinet Member: Environment

Forward Plan Ref: 2016/025

Contact: Dariusz Seroczynski, Highways Network Manager Tel: (01865) 815629

 

Report by Director for Environment & Economy (CA8).

 

This report sets out a proposed emergency interim arrangement for the Street Lighting Service (Maintenance) as the result of early termination of the existing contract at a break point within the contract.

 

The Cabinet is RECOMMENDED to:

 

(a)       approve the proposed policy change and contracted level of service in relation to the street lighting maintenance service; and

 

(b)       note the proposed use of the short term call off from the Crown Commercial Service Contract.

Additional documents:

Minutes:

Cabinet had before them a report that set out a proposed emergency interim arrangement for the Street Lighting Service (Maintenance) as the result of early termination of the existing contract at a break point within the contract.

 

Councillor Curran acknowledged that the County Council had been placed in a difficult position as a result of the contractor’s decision. He raised concerns around safety and the perception of safety if areas were unlit. Illuminated speed limit signs could not be enforced if not lit. The interim arrangements were for a period of 18 months but he hoped it would be possible to move more quickly than that to a permanent solution. Councillor Nimmo Smith responding to a further question from Councillor Curran indicated that it was not possible to simply replace broken lamps with LED bulbs. With regard to the interim arrangements they were for 12 months with an option for a further 6 months.

 

RESOLVED:             to:

 

(a)        approve the proposed policy change and contracted level of service in relation to the street lighting maintenance service; and

 

(b)        note the proposed use of the short term call off from the Crown Commercial Service Contract.

35/16

Business Management & Monitoring Report for Quarter 3 - 2015/16 pdf icon PDF 717 KB

Cabinet Member: Deputy Leader

Forward Plan Ref: 2015/116

Contact: Ian Dyson, Assistant Chief Finance Officer (Assurance) Tel: (01865) 323875

 

Report by Corporate Services (CA9).

 

This paper provides details of performance for quarter three for the Cabinet to consider. The report is required so that the Cabinet can monitor the performance of the Council in key service areas and be assured that progress is being made to improve areas where performance is below the expected level.

 

Cabinet is RECOMMENDED to note and discuss the performance reported in the dashboards.

 

Minutes:

Cabinet considered a report that provided details of performance for quarter three. The report is required so that Cabinet can monitor the performance of the Council in key service areas and be assured that progress is being made to improve areas where performance is below the expected level.

 

Councillor Brighouse, Chairman of Performance Scrutiny Committee highlighted the comments and concerns arising from consideration of the report at the last Performance Scrutiny Committee. Members flagged up continuing problems with delays in reablement which impacted on the delivery of the delayed transfer of care project.  The Committee had focussed on Environment & Economy. The Committee recognised the staff resourcing issues within Environment & Economy; gave detailed consideration to the position in relation to potholes; noted achievements including responses to District Council planning and completion of a number of project and capital receipts; discussed concerns over S106 funding and wood recycling; and commended the work on Frideswide Square

 

Councillor Heathcoat responded to the concerns around reablement outlining the actions taken and that the figures were expected to improve.

 

Responding to questions from Councillor Carter on S106 funding Councillor Brighouse explained that the evidence of pre agreements was anecdotal and that the Committee had recommended taking it to locality meetings where local councillors would have local information and knowledge if this was happening.

 

Councillor Rose introduced the contents of the report and following discussion where it was suggested that reports continue on a quarterly basis it was:

 

RESOLVED: to note the performance reported in the dashboards.

36/16

Delegated Powers - April 2016 pdf icon PDF 53 KB

Cabinet Member: Leader

Forward Plan Ref: 2015/124

Contact: Sue Whitehead, Principal Committee Officer Tel: (01865) 810262

 

To report on a quarterly basis any executive decisions taken under the specific powers and functions delegated under the terms of Part 7.2 (Scheme of Delegation to Officers) of the Council’s Constitution – Paragraph 6.3(c)(i).  It is not for scrutiny call in.

 

 

Date

Subject

Decision

Reasons for Urgency

3 February 2016

Request for Exemption from Contract Procedure Rules - Crisis Response Service

Approved an exemption from the full tendering requirements of the Council’s Contract Procedure Rules to allow the Council to contract with Abicare for the crisis support service for the period 2nd June 2016 to 30th September 2016 at a cost of £205,666.

To ensure that the pathway for all short term services can be introduced at the same time i.e. 30th September 2016 enabling integration of short term services.

 

Minutes:

RESOLVED:             to note the following quarterly report of any executive decisions taken under the specific powers and functions delegated under the terms of Part 7.2 (Scheme of Delegation to Officers) of the Council’s Constitution – Paragraph 6.3(c)(i). 

 

 

Date

Subject

Decision

Reasons for Urgency

3 February 2016

Request for Exemption from Contract Procedure Rules - Crisis Response Service

Approved an exemption from the full tendering requirements of the Council’s Contract Procedure Rules to allow the Council to contract with Abicare for the crisis support service for the period 2nd June 2016 to 30th September 2016 at a cost of £205,666.

To ensure that the pathway for all short term services can be introduced at the same time i.e. 30th September 2016 enabling integration of short term services.

 

 

37/16

Forward Plan and Future Business

Cabinet Member: All

Contact Officer: Sue Whitehead, Committee Services Manager (01865 810262)

 

The Cabinet Procedure Rules provide that the business of each meeting at the Cabinet is to include “updating of the Forward Plan and proposals for business to be conducted at the following meeting”.   Items from the Forward Plan for the immediately forthcoming meetings of the Cabinet appear in the Schedule at CA11.  This includes any updated information relating to the business for those meetings that has already been identified for inclusion in the next Forward Plan update.

 

The Schedule is for noting, but Cabinet Members may also wish to take this opportunity to identify any further changes they would wish to be incorporated in the next Forward Plan update.

 

The Cabinet is RECOMMENDED to note the items currently identified for forthcoming meetings.

Minutes:

The Cabinet considered a list of items for the immediately forthcoming meetings of the Cabinet together with the change set out in the schedule of addenda.

 

RESOLVED:            to note the items currently identified for forthcoming meetings.