Meeting documents

Cabinet
Tuesday, 19 December 2006

CA191206

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________________________________

To Members of the Cabinet

Notice of a Meeting of the Cabinet

Tuesday 19 December 2006 at 2.00 pm County Hall, Oxford


Derek Bishop
Head of Democratic Services

November 2006

Contact officer: Matt Bayliss Tel: 01865 815384 E-mail

Membership

Councillors

 

 

Keith R Mitchell

-

Leader of the Council

David Robertson

-

Deputy Leader of the Council

C.H. Shouler

-

Cabinet Member for Finance

John Howell

-

Cabinet Member for Change Management

Jim Couchman

-

Cabinet Member for Social Care & Policy Coordination

David Robertson

-

Cabinet Member for Transport

Roger Belson

-

Cabinet Member for Sustainable Development

Louise Chapman

-

Cabinet Member for Children, Young People & Families

Michael Waine

-

Cabinet Member for Schools Improvement

Don Seale

-

Cabinet Member for Adult Learning & Cultural Services

Ray Jelf

-

Cabinet Member for Community Safety

Decisions taken at the meeting will become effective at the end of the working day on 29 December 2006unless called in by that date for review by the appropriate Scrutiny Committee.

Copies of this Notice, Agenda and supporting papers are circulated to all Members of the County Council.

Date of next meeting: 16 January 2007

If you have any special requirements (such as a large print version of these papers or special access facilities) please contact the officer named on the front page, but please give as much notice as possible before the meeting.

AGENDA

Addenda

2nd Addenda

  1. Apologies for Absence

  2. Declarations of Interest see guidance note


  3. Minutes
  4. To confirm the minutes of the meeting held on 21 November 2006 (CA3) and to receive for information any matters arising therefrom.

  5. Petitions and Public Address

    (See Addenda)

  6. Financial Monitoring
  7. Cabinet Member: Finance
    Forward Plan Ref: 2006/117
    Contact: Stephanie Skivington, Strategic Finance Manager/Mike Petty, Strategic Financial Planning Manager (01865 815426/815622)

    Report by Head of Finance & Procurement (CA5).

    The financial monitoring report covers the period ended 31 October 2006 for both revenue and capital.  Changes to the forecast revenue outturn are reported against the position at the end of September 2006.

    The consolidated revenue forecast for the year-end shows a balance of £14.028m. This is made up of £15.324m general balances and a forecast directorate overspend of £1.296m (excluding the City Schools and after allowing for the proposed additional contribution to the Older People's Pooled Budget and the supplementary estimate of £0.800m to Children, Young People & Families).

    Within Children, Young People and Families the main area of pressure is within the Early Years and Family Support Service. The supplementary estimate of £0.800m agreed in November for the agency placement budget in this service will be reflected in next month's report, the effect of this will be to reduce the overspend to £1.026m. Within Social & Community Services income shortfalls continue to create pressures relating to the underachievement of income targets across the Directorate, together with a pressure from the write-down of Audio Visual Stock. The Capital Programme monitoring is attached in Annex 6-6f to the report.

    The Cabinet is RECOMMENDED to:

          1. note the report;
          2. RECOMMEND Council approve the £0.250m permanent virement from Out of County to Disabled Children’s – agency placements budgets paragraphs 19 and 20.
          3. approve the £0.308m permanent virement between staffing budgets in Educational Effectiveness service within Children Young People & Families paragraph 31;
          4. approve the temporary virement between Social & Community Services and Children, Young People & Families in respect of service level agreements as detailed in paragraph 56;
          5. approve the write off of debts totalling £0.037m within Social & Community Services set out in paragraph 77;
          6. approve the changes to the Capital Programme set out in paragraph 92 to 98; and
          7. approve the allocation of the capital receipt from the sale of Bridge Bar, Banbury towards the Youth Centre projects set out in paragraph 99.

  8. Service and Resource Planning 2007/08 – 2011/12

    (See also Addenda)
  9. Cabinet Member: Finance
    Forward Plan Ref: 2006/139
    Contact: Lorna Baxter, Principal Financial Manager/Mike Petty, Strategic Financial Planning Manager (01865 816087/815622), Paul Edwards, Corporate Performance Manager (01865 815307)

    Report by Chief Executive, Director for Resources and Head of Finance & Procurement (CA6).

    This report is the third in a series informing members on the service and resource planning process and budget issues for 2007/08 and the medium term and provides information that will lead to the Council agreeing a budget requirement and council tax for 2007/08 in February 2007.

    The report includes the review of charges, setting out the proposed charges where there is local discretion and the expected income to be generated. The report also provides an update on the service and resource planning process including a schedule setting out for each Directorate, identified budget priorities and pressues (which are not currently proposed to be funded) in the respective service areas and how these could be funded along with proposed efficiency savings. A schedule setting out pressures proposed to be funded is also included.

    The report sets out issues relating to government grant funding over the medium term as well as issues beyond 2007/087 relating to revenue and capital and includes a review of balances, reserves and strategic measures over the medium term. Based on the information contained in the report, the sum available to allocate to unavoidable pressures and political priorities for 2007/08 and the medium term has been revised.

    The Cabinet is RECOMMENDED to:

          1. note the report;
          2. note those charges prescribed by legislation, and to approve those charges where there is local discretion as set out in Annex 1, subject to consideration of any comments from Corporate Governance Scrutiny Committee;
          3. ask the Cabinet to endorse the proposed funded pressures set out in Annex 2 as part of the budget recommendations to Council;
          4. approve the use of supported borrowing allocations from 2008/09 onwards up to the levels included in the MTFP;
          5. make use of prudential borrowing for the Review of Property Assets project if the Business Case presented to Cabinet in January 2007 is approved; and
          6. ask, subject to (d) above, the Capital Steering Group to bring forward recommendations for schemes to be included in the Capital Programme for 2007/08 to 2009/10.

  10. Performance Management
  11. Cabinet Member: Change Management
    Forward Plan Ref: 2006/039
    Contact: Paul Edwards, Corporate Performance Manager (01865 815307)

    Report by County Council Management Team (CA7).

    This quarterly report is for our performance at the end of the second quarter of 2006/7. The report presents performance against priorities in a balanced scorecard format, using a traffic light system to show progress within four blocks: customers, finance, process and people.

    Performance at the end of the first quarter is encouraging, showing green traffic lights for 85% of indicators where information is available.

    The Cabinet is RECOMMENDED to note the report.

  12. Establishment Monitoring
  13. Cabinet Member: Change Management
    Forward Plan Ref: 2006/022
    Contact: Steve Munn, Head of Human Resources (01865 815191)

    Report by Head of Human Resources (CA8).

    This report gives an update on activity since the implementation of the new Establishment Review and associated Recruitment Approval process on 1 August 2005. It provides detail on the overall objectives of the review and summarises progress made against the targets which were agreed to ensure delivery of those objectives. Details of the agreed establishment figure at 30 June 2006 in terms of Full Time Equivalents is provided, together with the detailed staffing position at 30 September 2006. These are shown in the report by Directorate and service area.

    The report also provides information on current activity with specific reference to the improvements to the process following feedback from managers and the progress particularly within the Children, Young People and Families D Directorate. In addition there is information on grant funded posts and those vacancies which are being covered by agency staff and at what cost and trend data on teaching and non-teaching numbers in schools.

    The Cabinet is RECOMMENDED to:

          1. note the report; and
          2. confirm that the Establishment Review continues to meet the Cabinet’s requirements in reporting and managing staffing numbers.

  14. Local Government White Paper – Structural Issues

    (See also Addenda)
  15. Cabinet Member: Leader of the Council
    Forward Plan Ref: 2006/180
    Contact: Stephen Capaldi, Assistant Chief Executive (01865 815466)

    Report by Chief Executive (CA9).

    The Government published its White Paper ‘Strong & Prosperous Communities’ on 26 October 2006 and a new local government bill will be published shortly to enact the White Paper proposals. Alongside the White Paper there is an "Invitation to Councils to make proposals for future unitary structures and to pioneer, as pathfinders, new two tier models". Bids for unitary status or pathfinders have to be submitted by 25 Jan 2007.

    The White Paper covers a wide range of issues covering governance, partnership, performance, and community engagement. A summary of the main elements of the White Paper is contained in Annex 1. The White Paper excludes coverage of proposals for the future funding of local government because these issues are being examined by the Lyons Inquiry. However it now clear that Sir Michael Lyons will not report, as planned, in December.

    A statement from the Leader of the Council (download as .doc file) will be circulated at the Cabinet meeting.

    The Cabinet is RECOMMENDED to:

          1. determine its recommendation to the County Council on unitary bidding and/or improved two/three tier working; and
          2. Invite the Chief Executive to report further to the Cabinet at its meeting on 16 January 2007.
  16. Local Government White Paper: Governance Proposals for the Oxfordshire Partnership and Local Area Agreement.

  17. Cabinet Member: Leader of the Council
    Forward Plan Ref: 2006/129
    Contact: Claire Evans, Strategic Partnership Manager (01865 816077)

    Report by Head of Partnership Working (CA10).

    Local authorities are required to maintain a Local Strategic Partnership of organisations in the public, community and private sectors to improve the quality of life of local people through actions on issues which cannot be resolved by councils working alone. The Local Government White Paper 2006: Strong and Prosperous Communities, has increased the duties of councils and elected members to lead Local Strategic Partnerships and Local Area Agreements.

    This report sets out proposals for the governance of the Oxfordshire Partnership (the county Local Strategic Partnership, formerly known as the Oxfordshire Community Partnership) and the Public Service Board (the board within the partnership framework that manages the Local Area Agreement). The proposals are set out in Annex 1. All the members of the partnership - including the police, health and district councils - have been consulted on the proposals (June to September 2006) which have also been checked against the requirements in the Local Government White Paper (October 2006) .

    The proposals were adopted by the final meeting of the Oxfordshire Community Partnership Strategy Group on 7 December 2006 and the new Oxfordshire Partnership will come into being from January 2007. Members are recommended to adopt the proposals for the governance of the Oxfordshire Partnership and Local Area Agreement.

    The Cabinet is RECOMMENDED to adopt the proposals for the governance of the Oxfordshire Partnership and Local Area Agreement as outlined in Annex 1 to the report.

  18. Chipping Norton: Care Home and Primary Care Facilities

    (See also Addenda)
  19. Cabinet Member: Adult Learning & Cultural Services
    Forward Plan Ref: 2006/154
    Contact: Nick Welch, Head of Service, Planning & Partnership, (01865 815714)

    Report by Director for Social & Community Services, Head of Finance, Head of Legal Services, Head of Property Services (CA11).

    This report summarises the current position for the proposed development of a care home and primary care centre for Chipping Norton. There are two main issues summarised in the report that are preventing the Oxfordshire Primary Care Trust from agreeing to its purchase of 14 beds in the proposed new care home. These are the difference in the book and market values of the present Chipping Norton War Memorial Hospital site and the VAT status of the 14 intermediate treatment beds that are proposed for the care home.

    These issues are being worked on by the PCT, and without satisfactory resolution the PCT is unlikely to be able to agree to the care home and primary care centre. At the same time the County Council is incurring considerable extra costs in keeping open the castle View home for older people. The report proposes a deadline of 31 March 2007 for finalising the agreements.

    The Cabinet is RECOMMENDED to agree that:

          1. the County Council confirms its intention to purchase 20 registered care beds in the proposed care home development in Chipping Norton subject to the PCT agreeing to purchasing 14 beds in the development;
          2. a further report is brought to a Cabinet meeting in March 2007 on progress in reaching the necessary agreement;
          3. subject to any advice or information given in the report to the meeting of the cabinet in March 2007 the County Council will withdraw from the scheme if the agreements to purchase the care home beds by the County Council and the PCT cannot be finalised by 31 March 2007; and,
          4. if the application is not approved, to authorise a joint approach with the PCT to Central Government for an indication as to whether in this case a relaxation of the accounting rules would be permitted to enable the scheme to proceed.

  20. Project Appraisal: Home for Older People and Extra Care Housing, Bicester
  21. Cabinet Member: Adult Learning & Cultural Services
    Forward Plan Ref: 2006/187
    Contact: Rod Aitken, Principal Project Officer (01865 815419)

    Report by Director for Resources (CA12).

    As part of the County Council’s Homes for Older People Strategy 19 residential care homes transferred to the Oxfordshire Care Partnership (OCP) in December 2001. Not all of the homes that transferred met the National Minimum Standards for Care Homes and the contract between the County Council and OCP required the production of a jointly agreed redevelopment strategy. This was considered and approved by the Executive in December 2002 and included the replacement of the existing Home for Older People in Bicester (St Edburgs) with a new 60 place Care Home and 20 units of Extra Care Housing to be built by the Oxfordshire Care Partnership on a site to be leased from the County Council.

    The Cabinet is RECOMMENDED to

          1. approve the project appraisal for a project cost in the range of £1,424,000 - £1,724,000 and to report back to Cabinet if the cost is higher than this; and,
          2. to allocate up to £364,000 in the capital programme to cover the shortfall between the costs of acquisition and remediation and the capital receipt.

  22. Stopping up: Roman Way and Garsington Road, Oxford

    (See also Addenda)
  23. Cabinet Member: Transport
    Forward Plan Ref: 2006/122
    Contact: John Boyd, Land & Highway Records Manager (01865 815082)

    Report by Head of Transport (CA13) (download as .pdf file)

    BMW has requested that the County Council apply to the Magistrates Court for an order under section 116 of the Highways Act 1980 for the stopping up of Roman Way, Bridleway 75 and a thin section of footway in Garsington Road, Oxford. As a replacement BMW agreed to provide at their expense a new footway and cycle track partly on existing highway and partly on their land.

    The initial informal consultation exercise, undertaken by BMW at officers' request, has revealed some local objections to the proposal particularly from the amenity societies. However there was support from one organisation. Public reaction of this nature was anticipated and as a consequence it was decided at an early stage the committee resolution would take the form of a two stage process.

    On 20 July 2006 the Transport Implementation Committee approved consultation with the City Council, who under the law has the right to veto BMW's request but on 10 October consented to the County Council taking the application to the Magistrates. This completed the first stage of this democratic process. The second stage, in the light of the City's approval is for Cabinet to decide whether to approve an application to the Magistrates.

    The Cabinet is RECOMMENDED to authorise the County Solicitor to make an application to the Magistrates Court for the stopping-up of the highways shown on drawing number 786/G170 on the grounds that they are unnecessary subject to:

          1. BMW contractually undertaking to meet all the costs associated with this process (including any costs awarded against the County Council by the Magistrates Court if the Application does not succeed), prior to the making of an application to the Magistrates Court;
          2. BMW entering into an agreement at their expense under sections 38 and 278 of the Highways act 1980 for the construction of the alternative highway to be constructed and supervised all at BMW’s expense and completed to the full satisfaction of the Director for Environment and Economy, prior to the making of an application to the Magistrates Court;
          3. BMW entering into an agreement at their expense that permits permissive use by pedestrians and cyclists along Roman Way and bridleway 75, shown as A and B on drawing number 786/G170, until the alternative highway in ‘b’ above is completed, prior to the making of an application to the Magistrates Court;
          4. BMW entering into a Bond (to the satisfaction of the County Solicitor) as security for the works to be carried out under the section 38/278 agreement prior to the making of an application to the Magistrates Court; and

          1. BMW meeting the cost associated with the revocation of the Traffic Regulation Order on Roman Way.

  1. Post 16 SEN Provision

    (See also Addenda)
  2. Cabinet Member: Schools Improvement
    Forward Plan Ref: 2006/179
    Contact: Simon Adams, Assistant Head of Service (01865 810602)

    Report by Director for Children (CA14).

    This report follows Cabinet consideration of provision of Post 16 Special Education Needs in July 2006 when further consultation and investigation was authotrised. The report describes the work done by officers of the Council with the LSC, Headteachers, Colleges and parents to explore possibilities of improved post16 provision for Special educational Needs (SEN). The shared principles and commitments which emerged are set out within the report.

    The responses to the consultation with parents are analysed and attention is drawn to the wish of parents to have some children educated in schools post 16. A possible model of provision which could be adopted for September 2007 is described and the funding issues addressed.

    The Cabinet is RECOMMENDED to:

          1. endorse the development of a more flexible approach to SEN provision post 16 from 2007 as described in paragraphs 9-15 of the report;
          2. consider the financial implications, as set out in the report, as part of the budget setting process for 2007 and beyond;
          3. ask officers from Children, Young People & Families for a Cabinet report in the autumn of 2007 evaluating the first year’s implementation of the changes and making recommendations for 2008 onward; and
          4. ask officers from Social and Community Services to consider implications for post 19 provision and to report these to Cabinet.

  3. South East Fire and Rescue Service’s Regional Control Centre & Board Member

    (See also Addenda)
  4. Cabinet Member: Community Safety
    Forward Plan Ref: 2006/175, 2006/176
    Contact: Colin Thomas, Community Safety Business Manager (01865 855211)

    Report by Director for Community Safety & Chief Fire Officer (CA15).

    The South East Regional Management Board (SE RMB), at its meeting held on 18 October 2006, received a report on the implementation of the Government’s Regional Fire Control Centre governance proposals. The SE RMB is required to establish regional control centres within the National Framework 2006-8, and by 1 January 2007, is required to have in place a local authority controlled company (LACC) to undertake this work.

    Our legal representatives have been involved in producing draft documentation through the South East Fire Lawyers Network. The SE RMB has considered, and recommended for approval, drafts of the Memorandum and Articles of Association which our legal lead now believes are in a form that can be approved. An outline of a Members Agreement is also available for the proposed company, which would be called the South East Fire and Rescue Control Centre Ltd.

    The Cabinet is requested to consider the documents, determine their acceptability and decide on their willingness to participate in the formation of the company and to nominate Elected Members to undertake the role of Director, representing the Authority on the company Board.

    The Cabinet is RECOMMENDED to:

          1. subject to (b – f) below, approve the Memorandum of Association and Articles of Association in the form attached;
          2. agree to become a Corporate Member of a Local Authority controlled company to run the South East Regional Control Centre and participate in the formation of the company;
          3. approve the weighted voting arrangements for members of the Company and for Directors of the Company;
          4. note the framework of the Members’ Agreement;
          5. nominate the Cabinet Member responsible for Community Safety as a Director and authorise that Director, subject to their approval, to nominate an Alternate Director upon the basis that the Cabinet do not wish the Council themselves to become a Corporate Director;
          6. delegate authority to the Cabinet Member responsible for Community Safety, as advised by the Chief Fire Officer, to:
            1. agree the details, including the formula incorporated in the Members Agreement document for the recovery of costs; and
            2. sign or authorise the signing or sealing of the above documents on behalf of the Authority and to take any other steps as necessary in the formation of the Company.

  5. Forward Plan and Future Business

    (See also Addenda)

Cabinet Member: All
Contact Officer: Tony Cloke, Council Business Manager (01865 815314)

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 CA16. 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.

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