Agenda, decisions and minutes

Apologies were received from Councillor Nick Carter.

To approve the minutes of the meeting held on  18 October 2016  (CA3) and to receive information arising from them.

The Minutes of the meeting held on 18 October 2016 were approved and signed as a correct record.

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

“To ask what steps can be taken to stop cars and other vehicles parking on the cycle track along the south side of the Marston Ferry Road in such a manner that makes the use of the cycle path dangerous for those using it for cycling?”

Councillor Nimmo Smith replied:

Officers have investigated this problem and a traffic regulation order would be required to prohibit this use of the cycle track, which would likely also need to be supported by the installation of bollards. Unfortunately however there is currently no budget available for this work, but we will keep this matter under review should the funding situation change.

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

“An accident waiting to happen has happened. Earlier this week a cyclist was badly injured when she was knocked off her bike in collision with a car on the B4044 at Farmoor in my division. As you know, this council, as highways authority, agreed with TVPA that the B4044 was too dangerous for cycling when a request was made for a fund-raising cycling event earlier this year. Yet the road is a busy commuter route within good cycling distance of the City centre. A strong campaign for a cycle path along the existing verge has been going for five years. Will you now agree to include construction of a segregated path alongside the B4044 as a priority project in future road planning?”

Councillor Nimmo Smith replied:

“At this stage, the scheme needs further development to consider feasibility and funding potential.   The council does not have a fully-funded future programme for such schemes and is required to submit bids which currently meet the central government agenda.

Our officers are, however, working with Bike Safe to develop the proposal so that it can better meet funding criteria that supports future growth and address the recognised local community concerns about current conditions for cyclists.”

Supplementary: Councillor Godden enquired how the road did not meet central government criteria given that it was a busy commuter route, linking two major roads, with schools at either end. Councillor Nimmo Smith replied that unfortunately although it met the criteria for a cycle path the funding had to come from development and there was not sufficient development in the area to provide the necessary funding.

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

“The Leader has given assurances that at this stage investigation into a Congestion Charge for Oxford will be given equal weight to a Workplace Parking Levy, yet the report is titled 'Workplace Parking Levy' and a Congestion Charge is only referenced fleetingly at paragraph 5. To avoid confusion, could the Leader and/or Cabinet Member please confirm that an updated Press Release and statement to Councillors clarifying the position will be released after the Cabinet meeting on 22nd November.”

Councillor Nimmo Smith replied:

“Paragraph 5 is  ...  view the full minutes text for item 95/16

A petition was received from Ian French, Davenant Road Action Group calling on Cabinet to take measures ‘Making Davenant Road a safer road for all residents’ and referred to the Acting Director for Environment & Economy for response.

The following requests to address the meeting had been agreed by the Chairman:

Item 6 – Councillor Jean Fooks, local councillor for Wolvercote & Summertown; Councillor Gill Sanders, Shadow Cabinet Member for Children & Family Services and Education

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

Item 9 – Councillor Susanna Pressel, local councillor for Jericho & Osney; Councillor Steve Curran, Shadow Cabinet Member for Environment

Item 11 – Councillor Liz Brighouse, Opposition Leader

Item 12 – Councillor Gill Sanders, Shadow Cabinet Member for Children & Family Services and Education

Cabinet Member: Finance

Forward Plan Ref: 2016/113

Contact: Sarah Jelley, Senior Policy & Performance Officer Tel: 07554 103437

Report by the Chief Policy Officer (CA6).

In February 2016 the council agreed to set aside £1m for creating a ‘one off’ fund to provide pump priming to support Children’s Centres.  It was agreed that a cross party group of county councillors would consider maximum benefit of this fund and bring proposals back to Cabinet for decision.

The working group have considered the applications under the first round of bids against the criteria outlined in the guidance notes with recommendations to Cabinet.

The Cabinet is RECOMMENDED to

(a)      approve for funding the following bids:

a.               Butterfly Meadows

b.               Carterton Town Council

c.               Botley Bridges

d.               Grandpont Nursery

e.               St Nicholas Primary School

f.                Sharing Life Trust

(b)      ask that further work is conducted to develop more robust business plans and reapply for funding under the next round of applications:

a.               Barton Community Association

b.               Employment Action Group

c.               Chalgrove Primary School

d.               Cutteslowe Primary School

e.               The Nature Effect

f.                Magpies Pre-School

g.               Friends of Maple Tree Children’s Centre & Wheatley Nursery School

h.               Oxfordshire Play Association

(c)      decline for funding the following bids:

a.               Donnington Doorstep

b.               The Happy Hub

c.               Lord Williams School

In February 2016 the council agreed to set aside £1m for creating a ‘one off’ fund to provide pump priming to support Children’s Centres.  It was agreed that a cross party group of county councillors would consider maximum benefit of this fund and bring proposals back to Cabinet for decision.

The working group have considered the applications under the first round of bids against the criteria outlined in the guidance notes and Cabinet considered a report setting out their recommendations.

Councillor Jean Fooks, local councillor for Wolvercote & Summertown noted that the report referred to the need to help those people and families identified as vulnerable. However she was concerned that preventative and universal services had suffered and stressed the importance of keeping some universal services in all areas of the County.

Councillor Gill Sanders, Shadow Cabinet Member for Children, & Family Services & Education supported the comments from Councillor Fooks recognising the importance of keeping as many centres open as possible. She commended the work of the cross party group and was pleased to see that 6 groups were to be funded with other requiring further work. She queried the support available to groups to complete the process which would be difficult for those without experience. Referring to the balance still available Councillor Sanders asked how that money would be protected and used appropriately.

Councillor Tilley, Cabinet Member for Children & Family Services, responding to the comments made confirmed that all groups were being put in touch with OCVA and received help from officers. Councillor Stratford, Cabinet Member for Finance gave an assurance that he anticipated the funding would remain and will be taken up over the next few years. The position in terms of the need for further rounds would be reviewed at the end of the second round process.

During discussion Councillor Hudspeth advised that Councillor Mallon who could not attend wished to make known his strong support for the Butterfly Meadow. Cabinet thanked Sarah Jelley and other officers involved in the process so far.

RESOLVED:             to:

(a)       approve for funding the following bids:

a.               Butterfly Meadows

b.               Carterton Town Council

c.                Botley Bridges

d.               Grandpont Nursery

e.               St Nicholas Primary School

f.                Sharing Life Trust

(b)       ask that further work is conducted to develop more robust business plans and reapply for funding under the next round of applications:

a.               Barton Community Association

b.               Employment Action Group

c.                Chalgrove Primary School

d.               Cutteslowe Primary School

e.               The Nature Effect

f.                Magpies Pre-School

g.               Friends of Maple Tree Children’s Centre & Wheatley Nursery School

h.               Oxfordshire Play Association

(c)       decline for funding the following bids:

a.               Donnington Doorstep

b.               The Happy Hub

c.                        Lord Williams School

In the event that any Member or Officer wishes to discuss the information set out in the Annexes 3 and 4 to Item 8, the Cabinet will be invited to resolve to exclude the public for the consideration of those Annexes by passing a resolution in relation to that item in the following terms:

"that the public be excluded during the consideration of the Annexes since it is likely that if they were present during that discussion there would be a disclosure of "exempt" information as described in Part I of Schedule 12A to the Local Government Act, 1972 and specified below the item in the Agenda".

NOTE: The report does not contain exempt information and is available to the public. The exempt information is contained in the confidential annexes.

ANNEXES 3 & 4 TO THE ITEM NAMED HAS NOT BEEN MADE PUBLIC AND SHOULD BE REGARDED AS ‘CONFIDENTIAL’ BY MEMBERS AND OFFICERS ENTITLED TO RECEIVE THEM.

THIS IS FOR REASONS OF COMMERCIAL SENSITIVITY.

THIS ALSO MEANS THAT THE CONTENTS SHOULD NOT BE DISCUSSED WITH OTHERS AND NO COPIES SHOULD BE MADE.

Cabinet agreed to hold discussion of the next item in public, whilst confirming that annexes 3 and 4 contained exempt information and should not be made public.

Cabinet Member: Environment

Forward Plan Ref: 2016/067

Contact: Andrew Pau, Strategic Manager for Waste & Transport Tel: 07768462499

Report by Acting Director for Environment & Economy (CA8).

The information contained in the annexes is exempt in that it falls within the following prescribed category:

3.         Information relating to the financial or business affairs of any particular person (including the authority holding that information);

and since it is considered that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information, in that disclosure would distort the proper process of open competition and would prejudice the position of the authority in the process of the transaction and the Council’s standing generally in relation to such transactions in future, to the detriment of the Council’s ability properly to discharge its fiduciary and other duties as a public authority.

Oxfordshire currently operates seven Household Waste Recycling Centres (HWRCs).  The sites accept approximately 49,000 tonnes of household residual and recyclable material each year with an average recycling rate of around 60%.

On 15 December 2015 Cabinet approved a strategy for the future provision of HWRC services. A programme is in place to implement the strategy. One of the projects is to procure a new HWRC management contract to secure the continued HWRC service after the existing contract expires on 30 September 2017. In order to carry out the procurement, the HWRC Waste Acceptance Policy has been reviewed following public consultation on proposed changes to make savings or generate income.

The purpose of this report is to seek approval for the revised Waste Acceptance Policy and authority to procure the new HWRC management contract.

The Cabinet is RECOMMENDED to

(a)          Agree the proposed changes to the HWRC Waste Acceptance Policy described in the report and the draft policy in Annex 2;

(b)         Approve the procurement of the HWRC management contract on the basis of the service described in the report and the draft specification in Annex 3;

(c)          Delegate authority to the Director for Environment and Economy in consultation with the Cabinet Member for Environment for;

i)             final editing of the service specification and Waste Acceptance Policy prior to and during procurement,

ii)            finalisation of the Waste Acceptance Policy following the procurement provided any changes are in accordance with the principles set out in the report, and

iii)          approval of the award of the HWRC management contract following completion of the procurement process.

The information contained in the annexes 3 & 4 is exempt in that it falls within the following prescribed category:

3.         Information relating to the financial or business affairs of any particular person (including the authority holding that information).

Cabinet considered a report seeking approval for the revised Waste Acceptance Policy and authority to procure the new HWRC management contract, putting into effect the strategy for the future provision of HWRC services approved by Cabinet in December 2015.

Councillor Steve Curran, Shadow Cabinet Member for Environment commended officers for a comprehensive piece of work. He highlighted the answer by members of the public to question 6 which made it clear they did not want to see charges introduced. He recognised the issues and problems and commented that it was important that the proposals did not result in increased fly-tipping of either domestic or commercial waste. The charge must be kept as low as possible. He would be interested to receive information on the impact of the current commercial charges on fly-tipping.

Councillor Nimmo Smith in moving the recommendations highlighted that this was about the management of the existing sites and was not about closing any site. He referred to the experience in the South of the County where Reading had stopped residents of Oxfordshire from using their sites and noted that this had not led to an appreciable increase in fly-tipping.

Andrew Pau, presented in detail the proposed changes to the Policy and the approach being taken to procuring the new contract. Responding to a question from a Cabinet Member on the requirements for testing and liabilities around re-use of electrical goods Andrew Pau explained that this activity would be carried out by charities skilled in such re-use and there would be no liability for the Council.

RESOLVED:             to

(a)          agree the proposed changes to the HWRC Waste Acceptance Policy described in the report and the draft policy in Annex 2;

(b)          approve the procurement of the HWRC management contract on the basis of the service described in the report and the draft specification in Annex 3;

(c)          delegate authority to the Director for Environment and Economy in consultation with the Cabinet Member for Environment for;

i)             final editing of the service specification and Waste Acceptance Policy prior to and during procurement,

ii)            finalisation of the Waste Acceptance Policy following the procurement provided any changes are in accordance with the principles set out in the report, and

iii)           approval of the award of the HWRC management contract following completion of the procurement process.

Cabinet Member: Environment

Forward Plan Ref: 2016/081

Contact: Martin Kraftl, Principal Infrastructure Planner; Tel: 07920 084336

Report by Acting Director for Environment & Economy (CA9).

The report outlines the benefits of introducing a Workplace Parking Levy (WPL) in Oxford, along with a timetable and costs for the work required to develop and implement a WPL. The proposed programme of work includes the development of an outline and then full business case. In addition, the reports sets out the need for proper and effective consultation and engagement. It is proposed to develop the outline business case between April and October 2017 and so a decision is required on whether to proceed on this basis including approval to allocate funding to this.

The Cabinet is RECOMMENDED to approve the overall approach proposed, including the programme at Annex 1, as the basis for further work and to allocate £100,000 from reserves to the development of an outline business case by October 2017.

Cabinet had before them a report that outlined the benefits of introducing a Workplace Parking Levy (WPL) in Oxford, along with a timetable and costs for the work required to develop and implement a WPL. Paragraph 5 of the report flagged that further evidence was required to fully understand whether a congestion charging scheme is appropriate and how this could work in conjunction with, or independently of, a WPL.

Councillor Susanna Pressel, local councillor for Jericho & Osney spoke in support of the proposals on a workplace parking levy noting that she had put forward an unsuccessful motion to Council in 2013. She hoped that the process would be speedy. It was important to convince people that it would reduce congestion and would provide benefits in terms of funding for projects. She asked that in considering the area to be included that Cowley be excluded as it would have a detrimental impact on attracting and retaining companies. Councillor Pressel suggested that councillors could lead by example by looking at the spaces outside County Hall.

Councillor Steve Curran, Shadow Cabinet Member for Environment supported the proposals which were important in providing funding to deliver the Local Transport Plan. He would hope that if possible the timescales be reduced and was pleased to see that the County was working with Nottingham which should allow us to learn from their experience.

During discussion Cabinet thanked officers for their work, supported the proposals but urged against the danger of spending the funding several times over. Councillor Nimmo Smith, Cabinet Member for Environment in moving the recommendations commented that doing nothing was not an option as the funding to be gained was essential. Officers added that the timescales referred to in the report were realistic taking into account the experience shared by Nottingham. Engagement with the business community would be vital.

Councillor Heathcoat proposed an amendment, seconded by Councillor Nimmo Smith clarifying that there should be further exploratory work around congestion charging.

RESOLVED:                         to approve the overall approach proposed, to explore further the congestion charging scheme, including the programme at Annex 1, as the basis for further work and to allocate £100,000 from reserves to the development of an outline business case by October 2017.

Cabinet Member: Finance

Forward Plan Ref: 2016/059

Contact: Donna Ross, Principal Finance Manager – Treasury Pension Tel: (01865) 323976

Report by Chief Finance Officer (CA10).

The report sets out the Treasury Management activity undertaken in the first half of the financial year 2016/17 in compliance with the CIPFA Treasury Management Code of Practice.  The report includes Debt and Investment activity, Prudential Indicator monitoring and forecasts for interest receivable and payable for the financial year.

The Cabinet is RECOMMENDED to note the report and to RECOMMEND Council to note the Council’s Mid-Term Treasury Management Review 2016/17.

Cabinet noted a report that set out the Treasury Management activity undertaken in the first half of the financial year 2016/17 in compliance with the CIPFA Treasury Management Code of Practice.  The report included Debt and Investment activity, Prudential Indicator monitoring and forecasts for interest receivable and payable for the financial year.

RESOLVED:              to note the report and to RECOMMEND Council to note the Council’s Mid-Term Treasury Management Review 2016/17.

Cabinet Member: Leader

Forward Plan Ref: 2016/017

Contact: Steve Munn, Chief HR Officer Tel: (01865) 815191

Report by County Director (CA11).

This report asks Cabinet to note progress made with the Senior Management Review and to agree to the implementation of the proposed structure (subject to receiving views of Audit & Governance Committee, a Members Briefing and County Council), in line with the principles outlined in the report. The report references associated work carried out on the unitary debate as well as transformation of services and identifies potential savings to be gained from reductions in senior management posts.

The Cabinet is RECOMMENDED to:

(a)          note the progress made to date on the Senior Management Review

(b)         ask for the views of Members attending the Senior Management Review briefing on the 9^th December 2016 on whether the structure will contribute to good performance

(c)          ask for the views of Audit & Governance Committee to review governance

(d)         ask for views from County Council; and

(e)          request officers to bring a final version of the report back to Cabinet on 20 December reflecting feedback from those committees and meetings

Cabinet considered a report on progress made with the Senior Management Review and that sought agreement in principle to the implementation of the proposed structure (subject to receiving views of Audit & Governance Committee, a Members Briefing and County Council), in line with the principles outlined in the report. The report referenced associated work carried out on the unitary debate as well as on the transformation of services and identified potential savings to be gained from reductions in senior management posts.

Councillor Brighouse, Chairman of Performance Scrutiny Committee, indicated that ordinarily the report would have been considered at a meeting of the Performance Scrutiny Committee. However she considered that it was important to involve all councillors and instead she was chairing an all member seminar on 9 December. Penna, the consultants who had carried out the review would be in attendance.

Steve Munn, Chief Human Resources Officer, explained the background and the approach taken to the Review.

The Leader in moving the recommendations referred to paragraph 17 of the report that set out the savings achieved but emphasised that it was about an organisation fit for purpose in tackling the challenges ahead.

RESOLVED:             to:

(a)          note the progress made to date on the Senior Management Review

(b)          ask for the views of Members attending the Senior Management Review briefing on the 9^th December 2016 on whether the structure will contribute to good performance

(c)          ask for the views of Audit & Governance Committee to review governance

(d)          ask for views from County Council; and

(e)          request officers to bring a final version of the report back to Cabinet on 20 December reflecting feedback from those committees and meetings

Cabinet Member: Children & Family Services

Forward Plan Ref: 2016/068

Contact: Hannah Farncombe, Deputy Director – Corporate Parenting & Safeguarding Tel: (01865) 815273

Report by Director for Children’s Services (CA12).

In June 2015 the Government published a paper titled Regionalising Adoption setting out proposals  for the creation of Regional Adoption Agencies (RAA). An RAA is a service delivering adoption services across multiple local authority areas. There is no definitive expectation on the type of organisation that will deliver the RAA functions, but original guidance has referred to four potential models:

•              Local authority shared service

•              Local authority owned company

•              Joint venture between local authorities and voluntary adoption agencies

•              Commissioned service (out sourced to a VAA)

Most RAAs across the country are opting for a local authority based shared service and this is the option agreed by Adopt Thames Valley (ATV).

The Government has stated that it expects every local authority to be part of an RAA or to have delegated their adoption functions to one by 2020. They have also said that they will use the powers of the Education and Adoption Act 2016 to require authorities to do this from 2017 if insufficient progress is being made towards this aim.

This  report sets out the background to and seeks approval in principle for a  proposal that Oxfordshire should both join and host ATV.

CABINET is RECOMMENDED to

(a)          agree to joining Adopt Thames Valley and approve the recommendation of the Adopt Thames Valley Project Board that Oxfordshire County Council should, in principle, become the host authority for the planned new shared service (subject to satisfactory financial arrangements being agreed with the other partner local authorities); and

(b)         agree that a further report setting out the detailed financial and staffing implications be presented to Cabinet in the Spring of 2017, prior to a final decision being taken

Cabinet considered a report that provided an overview of plans to set up a Regional Adoption Agency (RAA) across the Thames Valley Region. It described the legislative framework, potential benefits for children and families and the planned timetable for setting up the RAA.

Councillor Gill Sanders, Shadow Cabinet Member for Children & Family Services and Education endorsed the recommendations, highlighting the the County’s excellent record on adoption. Councillor Sander’s only concern was that although there was initial funding there was no guarantee of ongoing government funding. It was essential that all partners continue appropriate funding. She noted the further report and agreed that it was important to see the detail before final confirmation as lead authority.

During discussion Cabinet supported the recommendations and recognised the excellent work of Hannah Farncombe and her team.

RESOLVED: to

(a)          agree to joining Adopt Thames Valley and approve the recommendation of the Adopt Thames Valley Project Board that Oxfordshire County Council should, in principle, become the host authority for the planned new shared service (subject to satisfactory financial arrangements being agreed with the other partner local authorities); and

(b)          agree that a further report setting out the detailed financial and staffing implications be presented to Cabinet in the Spring of 2017, prior to a final decision being taken.

Cabinet Member: Deputy Leader

Forward Plan Ref: 2016/060

Contact: Sue James, HR Officer, 07393001069

Report by Chief Human Resources Officer (CA13).

This report gives an update on staffing numbers and related activity during the period 1 July 2016 to 30 September 2016.  It gives details of the actual staffing numbers at 31 March 2016 in terms of Full Time Equivalents.  These are shown by directorate in Appendix 1. In addition, the report provides information on the cost of posts being covered by agency staff. 

The Cabinet is RECOMMENDED to note the report.

Cabinet considered a report that gave an update on staffing numbers and related activity during the period 1 July 2016 to 30 September 2016.  It gave details of the actual staffing numbers at 30 September 2016 in terms of Full Time Equivalents.  These are shown by directorate in Appendix 1. In addition, the report provided information on the cost of posts being covered by agency staff. 

RESOLVED:                        to note the report.

Cabinet Member: All

Contact Officer: Sue Whitehead, Committee Services Manager Tel: 07393 001213

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 CA14.  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.

The Cabinet considered a list of items for the immediately forthcoming meetings of the Cabinet together with the following additional item notified at the meeting.

Rents for Asset Transfer of Children’s Centre (Ref: 2016/132)

To agree amendments to the Asset Transfer Policy and Processes to waive the rent for a building where that would enable a community – led proposal to keep a Children’s Centre open that would otherwise have to close.

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