To All Members of the County Council
Notice of a Meeting of the Council
Tuesday 17 June 2008 at 10.00 am
County Hall, Oxford
Joanna Simons Chief
Executive
Contact officer: Marion Holyman (Tel: 01865 810177; E-mail: marion.holyman@oxfordshire.gov.uk)
In order to comply with the Data Protection Act 1998, notice is given that Items 3, 7 and 17 will be recorded. The purpose of recording proceedings is to provide an aide-memoire to assist the clerk of the meeting in the drafting of minutes. Members are asked to sign the attendance book which will be available in the corridor outside the Council Chamber. A list of members present at the meeting will be compiled from this book.
A buffet luncheon will be provided
AGENDA
(Schedule of Business (and Annex 1) - download as .doc file) (Schedule of Business - Annex 2 - download as .doc file) 1. Minutes
To approve the Minutes of the meeting held on 1 April 2008 (CC1) and to receive for information any matters arising from them.
2. Apologies for Absence
3. Declarations of Interest – see guidance note
Members are reminded that they must declare their interests orally at the meeting and specify (a) the nature of the interest and (b) which items on the agenda are the relevant items. This applies also to items where members have interests by virtue of their membership of a district council in Oxfordshire.
4. Official Communications
(a) To receive the following report from the County Returning Officer on the outcome of the by-election for Kidlington and Yarnton division held on 1 May 2008:
Voting was as follows:
Michael John GIBBARD 2921 votes Chris ROBINS 675 votes Janet Malvine WARREN 321 votes Suzanne WILSON-HIGGINS 1681 votes
Michael John Gibbard was accordingly elected county councillor for the Kidlington and Yarnton division.
(b) Any other official communications.
5. Appointments
(a) To make changes to membership as follows:
(b) To make any changes to the membership of the Cabinet, scrutiny and other committees on the nomination political groups.
6. Petitions and Public Address
7. Questions with Notice from Members of the Public
8. Review of the Constitution (CC8) (download as .doc file)
The Constitution has been in place since November 2001. There was a major review at the end of 2003/beginning of 2004, and another at the end of 2005, along with a minor review at the time of the introduction of individual Cabinet Member delegated decisions in 2006.
In January 2007, the Group Leaders agreed to defer a review of the Constitution until the final shape of the Local Government & Public Involvement in Health Bill (now a 2007 Act) became clearer and also to take account of any advice emerging from the Department for Communities and Local Government in respect of scrutiny of Crime and Disorder Reduction Partnerships and other partnerships and external organisations.
Although the Government guidance has not been produced, the review proceeded as planned and a number of changes are recommended in the report (CC8).
9. Review of political balance (CC9)
Following the by-election in the Kidlington and Yarnton Division on 1 May 2008, a request has been made to review the allocation of seats to political groups, in accordance with Regulation 17 of the Local Government (Committees and Political Groups) Regulations 1990 (as amended).
10. Meeting Dates 2009/10
The Assistant Head of Legal & Democratic Services reports that the schedule of meeting dates proposed for the 2009/10 Council year is attached for approval (CC10) (download as .xls file). Directors and Political Groups have been consulted on a draft schedule. The schedule has been drawn up to reflect the various rules about frequency of meetings set out in the Council’s Constitution.
11. Annual Public Health Report II
The Cabinet has considered the second Annual Report by a Director of Public Health for Oxfordshire (jointly appointed by the NHS and the County Council) (CC11) (download as .pdf file). The recommendations are made for all organisations in Oxfordshire and for the public.
The report details progress made in the last year; sets out challenges for the next year; and aims to galvanise further action on five main threats to the future health, wellbeing and prosperity of Oxfordshire. These main long-term threats are:
· breaking the cycle of deprivation; · an ageing population – the “demographic time bomb”; · mental health and wellbeing: avoiding a Cinderella service (newly added this year); · preventing obesity: a major cause of chronic disease; and · fighting killer infections.
The report is designed to summarise the major health and wellbeing needs for Oxfordshire's residents so as to influence the planning of public services, including Oxfordshire County Council's, during 2008/9.
12. Oxfordshire County Council Annual Report 2007/08
The Cabinet has considered a working draft of the Annual Report (CC12) (download as .pdf file), the final version of which is submitted to this meeting of the Council for approval.
The report contains an overview of the previous year, highlighting the Council’s achievements and successes. In particular, the report examines achievements in the following four areas: World Class Economy; Environment and Climate Changes; Healthy and Thriving Communities; and Better Public Services.
The Cabinet endorsed the draft Annual Report, subject to comments from the Corporate Governance Scrutiny Committee, the inclusion of the necessary detailed appendices and any editorial changes agreed by the Leader of the Council and the Chief Executive.
13. Minimum Revenue Provision Methodology
The Cabinet has considered a report regarding the Minimum Revenue Provision (MRP) methodology used by the authority, applicable to the 2007/08 accounts and beyond. The MRP is a statutory charge relating to the repayment of debt.
The statement is required as, until 2007/08, the basis of the calculation for the MRP was specified in legislation. However, the government has now issued legislation and guidance that gives local authorities more freedom to determine what is a prudent level of MRP. The Cabinet considered the options for prudent provision and the MRP statement set out in the report.
The policy already in place in the Council is reflected in Options 1 and 3 presented by Government guidance, as set out in the report to the Cabinet; consequently the statement requiring approval by Council is a confirmation of existing practice and not a change in policy.
The Council is recommended therefore to approve the statement set out below.
14. Reports of the Cabinet
(a) Report of the Cabinet meetings on 18 March 2008, 15 April 2008 and 20 May 2008 (CC14(a)).
(b) Report on Partnership Working in Oxfordshire (CC14(b))
15. Standards Committee
At its meeting on 8 May 2008, the Standards Committee considered a report on the Local Government and Public Involvement in Health Act 2007: Local Handling of Complaints. The Act and Regulations made under the Act require all but the most serious complaints about Member conduct to be dealt with at a local level, rather than by the Standards Board for England. As a result, the Committee’s terms of reference need to be changed to reflect the new responsibilities.
16. Scrutiny Annual Report (CC16) (download as .pdf file)
17. Questions with Notice from Members of the Council
Motions with Notice from Members of the Council
WOULD MEMBERS PLEASE NOTE THAT ANY AMENDMENTS TO MOTIONS WITH NOTICE MUST BE PRESENTED TO THE PROPER OFFICER IN WRITING BY 9.00 AM ON MONDAY 16 JUNE 2008
18. Motion from Councillor Timothy Hallchurch
“Council asks the Cabinet to give careful consideration to:
(a) the impact of the proposed eco-town of 35,000 people on the successful economic development of Bicester; (b) the impact of the proposed eco-town on the transport network especially congestion on the A34 and M40 at J9 and minor roads and lanes in the area; (c) whether the proposed new railway station, tram system and modifications to the M40 J9 are affordable and will provide the benefits claimed by the developer; (d) the impact of the proposed eco-town on Oxford’s Green Belt as a quarter of the proposed site will be within the Green Belt; (e) whether the proposed eco-town is environmentally sustainable when it seems inevitable that there will be substantial traffic growth; (f) the impact of concreting over 2000 acres of farm land to the flooding threat; (g) the impact on the loss of wildlife habitats as part of the proposed development includes Woodsides Meadow Nature Reserve, and other meadows owned and managed by BBOWT; (h) the fact that Oxfordshire has had restrictions on water use, how will the eco-town impact on the water supply and to other services such as sewage and electricity; (i) the impact on Oxfordshire schooling, hospitals, library services, social services, waste collection and disposal and other services provided by the local authorities.
The Council also deplores the lack of consultation with Oxfordshire County Council, Cherwell District Council and other bodies by the Government before they short listed the proposed Weston-Otmoor eco-town.”
19. Motion from Councillor Dhall
“Given that:
(a) St Giles functions as only two lanes of traffic for most of its length even though it is 6 lanes wide; (b) The Radcliffe Infirmary is to be redeveloped in such a way as to attract hundreds of extra cycle journeys a day and there will be Section 106 money to do something to make life easier for them; (c) St Giles is a beautiful street which many people only see from its margins and therefore cannot appreciate fully; (d) Thousands of visitors come to Oxford every year, and they currently cannot fully appreciate the beauty of St Giles and the direct walk from Martyrs Memorial to the St Giles Church; and (e) It is currently very difficult to cross St Giles on foot.
Council resolves to ask the Cabinet to conduct a feasibility study into closing off the eastern half of St Giles, bringing the two lanes in vehicular use closer together, and freeing up the rest of St Giles for the general use and enjoyment of residents, students, and visitors to Oxford City Centre.”
20. Motion from Councillor Larry Sanders
“The cost of living in Oxfordshire is significantly higher than in most of the rest of Britain. The national minimum wage is not enough for an individual or family in Oxfordshire to avoid the consequences of poverty and social exclusion. Low income is associated with poor health, crime and low educational attainments for children. There is a national movement to require a minimum wage which provides an adequate income. This is referred to as a 'living wage'. The London Assembly recently agreed a wage of £7.20 an hour, the Welsh Assembly £6.70 per hour and Oxford City Council has committed itself to achieving "Living Wage Employer" status by April 2009, which would include paying at least £7 an hour to all staff.
This Council resolves that:
(a) this Council supports the desirability of paying a minimum of at least £7 an hour to all staff (including permanent, temporary and sub-contracted employees);
(b) the Chief Executive be asked to prepare a report to be presented within three months for consideration by the appropriate County Council bodies setting out the costs and advantages of Oxfordshire County Council paying such a wage;
(c) the County Council use the report to decide a living wage as soon as possible after its receipt.”
21. Motion from Councillor Larry Sanders
“The Nuffield Orthopaedic Hospital (NOC) is in serious financial difficulties which threaten its future. Substantial reduction in its work would be a loss to the people of Oxfordshire and would make County Council services to people with disabilities more difficult and more expensive.
The only way to secure the future of the NOC is to influence Government policies.
The NOC's financial difficulties arise from the following circumstances:
(a) The Government sets a price which it will pay for various procedures, based on their average cost (‘payment by results’). The NOC does many procedures which cost much more than the average because of their complexity. An extra payment to cover those costs is now coming to an end.
(b) The NOC has traditionally 'subsidised' complex treatments by efficiencies in routine ones. This is now unavailable because of competition from the private facility (ISTC) in Banbury which the Government funds.
(c) The NOC built its new premises through a Private Financial Initiative (PFI) arrangement which requires a large annual payment for the next thirty years.
This Council resolves that:
(a) the Chief Executive contact local MPs and other stakeholders to seek a common strategy for the resolution of these difficulties;
(b) a letter be sent to the Secretary of State for Health requesting that a sustainable financial arrangement be reached with the NOC which makes it possible for it to continue its valuable work for the people of Oxfordshire.”
22. Motion from Councillor Michael Badcock
"This Council regrets the Environment Agency's proposal to dispose by sale or letting of lock-keepers' homes along the Thames in Oxfordshire recognising that this may decrease safety on the river and have implications for the ability of the county's emergency services to rely on lock keepers at times of flooding as part of our emergency response. It calls on the Leader to ask the Environment Agency to re-examine its decision.”
23. Motion from Councillor Michael Badcock
“This Council expresses deep concern at the Government White paper regarding Pharmacy in England, in particular the section of the White paper which deals with “control of entry” and specifically the clause which suggests that a patient’s drugs may not be dispensed by their doctor if the surgery and pharmacy are within 1.6km of each other. Dispensing practices in the County have worked hard to establish a comprehensive service tailored to their own patients’ needs and many of these services would be forced to close if the Government’s proposals are implemented. This Council is concerned about the most contradictory aspect of the Government's proposal, which is the removal of choice in a system that claims to increase patients’ options. This Council therefore requests that the Oxfordshire Joint Health Overview & Scrutiny Committee give this matter its urgent consideration at its next meeting.”
24. Motion from Councillor Janet Godden
“Council shares the concern expressed by Thames Valley Police Authority about the deployment in Oxfordshire of the electronic “mosquito” device, used to disperse groups of young people from public places.
Council acknowledges that the device has been effective in areas where other measures have hitherto failed, but notes in particular the objection that when switched on it affects all children and young people in its vicinity regardless of whether they are doing anything wrong or causing any trouble.
Council asks the Cabinet to note that mosquito devices have been opposed by leading national figures in children’s services, including the Children’s Commissioner for England.
Council further asks the Cabinet to be mindful of the Council’s key leadership role in local partnership working, and to consider what action it can take, additional to involving the youth service, in working with agencies such as the youth offending team, the Police Authority, the City and district councils and their leisure departments, and local schools, to find better and longer term solutions to problems of public nuisance.”
25. Motion from Councillor Alan Armitage
"This Council supports in principle the introduction of 20 mph speed limits on all residential non-arterial roads in the city, and asks Cabinet to adopt this., Cabinet is further asked to consider this in other parts of the county where requested and appropriate".
26. Motion from Councillor Zoé Patrick
"This Council welcomes the EU Charter for Equality and notes that many of its recommendations are already in place here. Considering this, Council asks the Cabinet to sign the Charter, thus making Oxfordshire one of the first Councils in the UK to do so.”
27. Motion from Councillor Dermot Roaf
“This Council notes Government plans for a possible eco-town (Weston Otmoor) in this County, and is concerned that the plans have had no input from local authority planning officers, can only add considerably to traffic on the A34, and is very unlikely to deliver environmental benefits to outweigh the damage to the local environment and economy. Council asks the Cabinet to consider opposing these plans in their response to the consultation.”
28. Motion from Councillor Jean Fooks
“Council was dismayed to read in the recent Joint Area Review of Children’s Services that: ‘Strategic planning for 14-19 provision across Oxfordshire is inadequate. Progress on the recommendations of the 14-19 area-wide inspection in 2003 has been slow. While outcomes are satisfactory overall with good participation rates post-16, the range of provision and quality of impartial advice 14-19 have not improved sufficiently.’
As one of this Council’s key aims is to improve the quality of education in Oxfordshire and in particular it recognizes the need for a better skilled workforce to meet the needs of local employers, Council is very disappointed in this judgment. It therefore asks the Cabinet to publish its Action Plan to extend the curriculum for 14-19 year-olds, including more work-based learning, as a matter of urgency.
Council asks the Cabinet Member for Schools Improvement to report on progress to the next Children’s Services Scrutiny Committee in July and to Council in September. Council thinks Oxfordshire’s young people deserve better.”
29. Motion from Councillor Larry Sanders
“It is reported that the Secretary of State for Health has required that Oxfordshire PCT establish a 'polyclinic' in Oxfordshire and that the PCT has identified a site in the Banbury area. This creates the possibility that a commercial company will replace existing NHS GP services.
The British Medical Association has urged the Government "to halt its plans to promote the use of commercial companies in general practice because this risks destabilising our local surgeries and threatens the comprehensive, high quality care we receive from our GPs."
The provision of County Council Community Care services would be made more difficult and more expensive should GP surgeries in the Banbury area and the Horton Hospital be destabilised.
This Council asks the Oxfordshire Joint Health Overview & Scrutiny Committee to consider the proposal for a ‘polyclinic’ in Oxfordshire at its next meeting.”
30. Motion from Councillor Surinder Dhesi
"This Council asks the Cabinet to consider a moratorium on the placing of any new mobile telephone masts on any land or building owned by the Authority in the vicinity of schools or residential accommodation pending further research on the possible health risks, especially for children, the elderly and other vulnerable people.”
31. Motion from Councillor Liz Brighouse
"This Council:
(a) expresses grave disappointment at the criticisms in the Joint Area Review of the strategy for 14-19 provision and the lack of progress in raising educational attainment; (b) notes that the Council was told in June 2007 that the issue of educational attainment of the most economically deprived children would be included on the agenda for the Children’s Services Scrutiny committee “to enable the Committee to consider whether to include the issue in its work programme”; (c) asks that a scrutiny review on this issue should take place as a matter of urgency so that another group of children do not go through Oxfordshire schools without reaching their full potential.”
32. Motion from Councillor John Sanders
"This Council:
(a) notes that there are sometimes good reasons for the Council to subsidise an infrequent bus service where the subsidy per passenger is very high but the overall subsidy is low; (b) agrees that the acceptable level of subsidy per passenger should be determined on a case by case basis rather than fixed in advance; (c) therefore urges the Cabinet to reaffirm in the revised Bus Strategy the Council’s existing policy of having “no fixed upper limit on subsidy per passenger”.
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