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ITEM EX3

EXECUTIVE – 17 SEPTEMBER 2002

EXECUTIVE – 1 OCTOBER 2002

Minutes of the Meeting commencing at 2.00 pm and finishing at 5.45 pm

Present:

The Executive considered the matters, reports and recommendations contained or referred to in the agenda for the meeting, together with a schedule of addenda tabled at the meeting, and decided as set out below. Except insofar as otherwise specified, the reasons for the decisions are contained in the agenda and reports and schedule, copies of which are attached to the signed Minutes.

322/02. APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillor Mitchell.

323/02. MINUTES

The Minutes of the meeting held on 4 September 2002 were approved and signed.

324/02. PETITIONS AND PUBLIC ADDRESS

The following requests to address the meeting had been agreed:-

Request from	Agenda Item
Mr Julian Borthwick	5 - Monthly Monitoring Report
Mr Michael Hugh-Jones	10 - Charging Policies for Home Care
Mr Peter Couchman 62 Mill Street, Witney	17 - Proposals for Toucan Crossings, Witney

325/02. MONTHLY MONITORING REPORT

1. receive the report;
2. ask directors to absorb the £600,000 resulting from the Local Government Pay Award, to continue to control expenditure and to maximise their carry forward as far as possible; and
3. agree a supplementary estimate of £0.115m to meet the additional costs on asylum seekers.

326/02. CAPITAL PROGRAMME

(Agenda Item 6)

The Executive considered a report (EX6) which updated the Capital Programme and which included changes to the Education and Transport programmes.

In response to questions from Councillor Hodgson the Director of Environmental Services advised that the sale of Milham Ford School had been delayed by negotiations on a Section 106 agreement. The site would only be sold if the price represented best value for the County Council. No reserve price had been set.

RESOLVED: to note the report.

327/02. PUBLIC SERVICE AGREEMENT

1. approve the negotiated agreements on the respective targets now reported and authorise the Leader and Deputy Leader of the Council to conclude the Public Service Agreement;
2. agree that a Ministerial signing ceremony be arranged with appropriate publicity.

328/02. LOCAL GOVERNMENT FINANCE: FORMULA GRANT DISTRIBUTION

Scrutiny Committee Comment

Executive Decision

Do not combine Rate Support Grant and Business Rate; Return control of the Business Rate to local Councils. If necessary, the Government could fix a maximum percentage increase, but over a three-year period, not just for one year; It is vital to delivery of the Government’s very commendable public sector programme that due allowance is given to high living costs in the South East Region. Housing costs, in particular, can be a very serious barrier to recruitment and retention of vital staff; Full allowance should be given to Councils where there are above average population increases. If necessary to ensure up-to-date information, there should be an estimate of current population data; If Councils lose grant in the new system, the transition should be based on a long period, to avoid Council Tax increases rising above 10%. (10% is, of course, well above inflation): Councils should be able to choose to extend the number of Council tax bands.

Note that this was already incorporated in the response Agreed to merge with paragraph 17 of the draft response     Leader and Deputy Leader to pay particular attention to house prices in finalising the response       Agreed to incorporate in the final response Leader and Deputy Leader to pay particular attention to possible transitional arrangements in finalising the response. Not to include in the response as the point had been addressed elsewhere.

329/02. "GROWING OUR CORPORATE CAPACITY"

1. approve the proposals at paragraph 46 of the consultation paper Growing our Corporate Capacity, subject to:

(i) the Chief Executive being asked to review further the best structural location for Records Management, Archaeological Services, the Countryside Service, Registration and Emergency Planning in consultation with staff and members and to decide the way forward by mid December; and

(ii) the deletion of "first and foremost" where applied to the corporate leadership role of directors;

2. ask the Chief Executive to start recruitment for the three new Director posts immediately through external advertisement, with a view to appointments being made by end-December 2002;
3. confirm the titles for the three Director posts in the light of the proposals at paragraph 7(g) of the report.

330/02. CHARGING POLICIES FOR HOME CARE AND OTHER NON-RESIDENTIAL SOCIAL SERVICES

(Agenda Item 10)

On 19 February 2002, the Executive had considered a report on the Government’s guidance for charging, issued under the title "Fairer Charging Policies for Home Care and Other Non-Residential Social Services" and authorised consultations to amend the Council’s charging scheme in the light of the guidance. The Executive now considered a report (EX10 and supplement) which detailed the consultation process and the main issues arising from the consultation.

Mr Hugh-Jones addressed the Executive. He felt that the consultation letter had been well written and clear and he accepted the proposals to some extent. However he objected to what he considered to be excessive increases in charges for those recipients of services who were better off. He suggested that there should be a higher capital threshold and a maximum charge of £70 per week irrespective of the individual's means.

Councillor Gatehouse referred to criticism regarding the consultation process and to a general feeling that the County Council had already reached its decision.

Mr Collins pointed out that for many people, charges would reduce, and that the Council had made budgetary provision in anticipation of this.

Councillor Seale said that the consultation had evinced general acceptance of the revised charges. He pointed out, in relation to concerns expressed by Councillor Gatehouse, that the issue of carer entitlement would be reconsidered and the recommendation before the Executive allowed for that. He commended the work of Mr Collins and his colleagues in drawing up the proposals, carrying out the consultation and analysing the responses.

RESOLVED:

1. to agree the implementation of a charging policy based on the proposals set out in the consultation letter, subject as follows:

1. in light of the proposals and costings in paragraphs 21-24 of the supplementary report, the policy to be based on the Government’s minimum income levels;
2. the policy to include benchmark figures for certain categories of disability related expenditure, to simplify the assessment process, to be determined by the Director of Social Services/Director for Social & Health Care;
3. in the light of the proposals and costings in paragraphs 31-35 of the supplementary report, the policy to be based on a savings threshold of £19,000 in line with the Government’s minimum standard;
4. new uniform charges for day care, at £4.50 a day, to be introduced with effect from 1 October 2002;
5. in the light of the comments in paragraphs 43-45 of the supplementary report, carers’ services to be excluded for the present while consideration was given to this particular issue;
6. the charging policy not to provide for a specific maximum charge, but waiver requests to be considered in comparison with the charge associated with a residential alternative;
7. all clients in full time education to be exempted from the charging policy, and all student loans to be ignored in the financial assessment;

1. agree the introduction of an independent benefits advice service;
2. seek Benefits Agency approval to transfer appointeeships to the Council in cases of persistent refusal to pay properly assessed charges, with Court action to be taken as a measure of last resort; and
3. ask officers to report on the impact of the implementation of the scheme in 12 months’ time.

331/02. DAY CARE SERVICES, WALLINGFORD & DIDCOT

1. endorse the steps being taken to ensure the continuation of day care services in Wallingford as part of the development programme with Oxfordshire Care Partnership;
2. agree to the transfer of staff who worked in the day care service at Wallingford to the Orders of St John Care Trust, subject to the conclusions of the consultation with staff and Unison being considered in consultation with the Executive Members for Community Care & Health and Children & Young People;
3. agree that the remit of the Member/Officer Working Group on Homes for Older People include the development of the day centres that were directly affected by the development programme for the transferred homes for older people.

332/02. RACE EQUALITY SCHEME 2002-2005

(Agenda Item 12)

All public authorities were required by the Race Relations (Amendment) Act 2000 to publish a Race Equality Scheme. The Executive now considered a draft Race Equality Scheme (EX12) which had been developed in accordance with Commission for Racial Equality guidance, for formal endorsement prior to implementation.

Also tabled was a submission from the Oxfordshire Community Forum. Commending the draft Scheme, Councillor Margaret Godden pointed out that it provided the framework for achieving what the Forum were seeking.

Councillor Ferriman commended the paper and thanked officers for their work in its production.

RESOLVED: to agree the draft annexed to the report as the Council’s Race Equality Scheme for publication and implementation.

333/02. THE ANNUAL LIBRARY PLAN 2002

(Agenda Item 13)

The Executive considered a report (EX13) which presented an updated draft of the Annual Library Plan 2002 which had been first approved in principle by the Executive on 23 July 2002.

The Learning & Culture Scrutiny Committee had considered the Plan on 10 September. Their comments were set out in the addenda sheet. Mr. Coggins recommended that the amendments suggested by the Committee be reflected in the Plan; this was endorsed by Councillor Faucet.

Councillor Ferriman welcomed the Plan. Addressing criticisms made of the library service she considered the service to be more effective despite continued under-spending.

Councillor Seale expressed appreciation of the continuing financial support by West Oxfordshire District Council for maintaining library opening hours in that district.

RESOLVED: to:

(a) RECOMMEND Council to approve the Annual Library Plan, subject to:

1. incorporation in the Plan of:

• a County average figure in paragraph 5 of section 1.1.3.2;
• national standards figures in the tables monitoring Oxfordshire’s performance (page 90 onwards);

1. the Director of Cultural Services, in consultation with the Executive Members for Learning & Culture and Schools agreeing the final narrative sections and the foreword to the Plan;

1. authorise submission of the Plan to the Department for Culture, Media and Sport accordingly.

334/02. CHILTERNS AREA OF OUTSTANDING NATURAL BEAUTY MANAGEMENT STRATEGY - A FRAMEWORK FOR ACTION

(Agenda Item 14)

The Countryside and Rights of Way Act 2000 had placed a new duty on all local authorities with Areas of Outstanding Natural Beauty (AONBs) to prepare and publish a management plan for each AONB by 31 March 2004.

RESOLVED: to:

1. adopt the Chilterns AONB Management Strategy in pursuance of the duty under section 89(2b) of the Countryside and Rights of Way Act 2000;
2. assure the Chilterns Shadow Conservation Board that, subject to resources and priorities, the County Council would endeavour to implement the Management Strategy and associated Action Plan.
   
   

335/02. ESTABLISHMENT OF AN OXFORDSHIRE LOCAL ACCESS FORUM

(Agenda Item 15)

Under the Countryside and Rights of Way Act 2000 local highway authorities were required to establish statutory non executive advisory bodies to be known as local access forums whose role would be to provide advice on the improvement of public access to land in their area for open-air recreation and the enjoyment of the area. The Executive considered a report (EX15) which set out a framework for establishing and servicing a Forum.

Councillor Hodgson declared a personal interest insofar as he was a member of the Ramblers Association. He commended the proposals but requested that the Executive consider extending member participation in the appointment process.

RESOLVED: to:

1. approve the setting up of a single local access forum for Oxfordshire, to be known as the ‘Oxfordshire Countryside Access Forum’;
2. endorse the arrangements described in the report for setting up the Forum and the recruitment and selection of members including the creation for a Panel consisting of the Executive Member for Learning & Culture, the Chairman of the Planning & Regulation Committee (or her nominee), the Leader of the Opposition (or his nominee) and the Countryside Services Manager and Strategic Countryside Access Officer;
3. RECOMMEND the Council to agree the inclusion of the Oxfordshire Countryside Access Forum in the list of strategic outside bodies for the purpose of Section H of the Constitution;
4. subject to (c) above, appoint a councillor to serve as the County Council’s representative on the Forum.
   
   

336/02. WHEATLEY – PROPOSED TRAFFIC CALMING

(Agenda Item 16)

The Executive considered a report (EX16) which set out proposals for a traffic calming Scheme in Wheatley.

Councillor Purse commended the proposals to the Executive.

RESOLVED: to:

1. note that the level of support for the proposed traffic calming measures in Wheatley among the local people who had responded to the most recent consultation was approximately 2:1 in favour;
2. authorise the Director of Environmental Services to proceed with Phase 1, subject to any objections received in response to formal consultation being considered by the Director in consultation with the Executive Members for Transport and Strategic Planning & Waste Management;
3. authorise the Director of Environmental Services to proceed with preliminary preparation work on Phase 2, including a review of the proposals for Church Road in order to address the concerns about parking.
   
   

337/02. PROPOSALS FOR TOUCAN CROSSINGS - WITNEY

(Agenda Item 17)

The Executive considered a report (EX17) which detailed the responses to a formal consultation undertaken on proposals to install two controlled cycle/pedestrian crossings at Curbridge Road, linking Barrington Close and Thorney Leys, and Mill Street adjacent to the new Woodford Mills development as part of the draft Witney Integrated Transport Strategy.

Mr Couchman addressed the Executive. Speaking on behalf of residents of Mill Street he outlined three areas of concern – inadequate consultation, inconvenience and safety. He suggested siting the crossing further to the east nearer the sheltered housing complex at Riverside Gardens. This would provide a safer crossing point for residents and lessen the impact on parking for residents of Mill Street.

Mr Luck advised that the officers’ view was that the site proposed in the report was the safest place because of its proximity to the West End Cycle Link.

Councillor Robertson sympathised with the view of residents but endorsed the view put forward by officers.

RESOLVED: to:

1. approve the implementation of the Curbridge Road and Mill Street Toucan crossings, subject to the Director of Environmental Services making any detailed amendments appearing necessary as a result of the safety audit of the proposals, and receiving the formal approval by GOSE for the layout of the Mill Street Toucan crossing; and
2. authorise officers to promote and implement:

1. the conversion of the lengths of footways required for implementation of the proposals described in the report to shared use footway/cycle track under sections 66(4) and 65(1) of the Highways Act 1980;
2. introduction of "no waiting at any time" restrictions as detailed on drawings MP/4/010 and MP/4/011 subject to any representations or objections being considered by the Director of Environmental Services, in conjunction with the Executive Members for Transport and Strategic Planning & Waste Management and relevant local member(s).
   
   

338/02. WOOTTON TO ABINGDON CYCLE ROUTE

(Agenda Item 18)

The Executive considered a report (EX18) which gave details of proposals for improved cycling facilities between Wootton and Abingdon.

RESOLVED: to:

1. note the results of the questionnaire survey as showing significant support for the options for improved cycling and walking facilities between Wootton and Abingdon displayed at the exhibitions;
2. approve Option 1, for the reasons set out in the report EX18, as a basis for further investigation and detailed design and appropriate further consultations;
3. ask the Director of Environmental Services in consultation with the Executive Members for Transport and Strategic Planning & Waste Management, to determine the detailed design, the extent of any necessary land and the content of any formal orders, in the light of the consultations; and
4. authorise the Director of Environmental Services to take the necessary steps for the introduction of the scheme accordingly, including the acquisition (by agreement) of the necessary land and the promotion of any necessary formal orders, subject to the scheme being included in a future capital programme and to any unresolved representations in response to consultation being referred to the Executive for consideration and decision.
   
   

339/02. CORNMARKET STREET, OXFORD

(Agenda Item 19)

The Executive considered a revised detailed project appraisal (EX19) for the revised environmental enhancement scheme in Cornmarket Street.

RESOLVED: to approve Project Appraisal H160/1.

340/02. FIRE BRIGADES UNION - PAY DISPUTE

(Agenda Item 20)

The Executive received a report from the Chief Fire Officer which set out the latest position regarding the pay dispute. The Fire Brigades Union had sought a 39% pay increase for whole-time fire fighters, 50% for control operatives and substantial increases for retained fire fighters with effect from 7 November 2002. The employers had offered a 4% interim award plus negotiations linked to modernisation criteria. Nationally, negotiations had broken down and the employers had suggested an independent review looking at structure reporting, pay and conditions. The Government had confirmed that this review was on-going with an expected reporting date before the end of the year although the FBU had refused to take part in the review at present.

The FBU had been given a mandate to ballot for strike action and although the outcome of the strike ballot had yet to be determined such action could start as early as mid-October. Therefore it had been necessary to undertake pre-planning on a national and local basis. Fire cover would be provided by the military with assistance from the police acting as escort to appliances. Planning was also under way to provide alternative control room and the technology and logistics associated with that. They had not yet been finalised and the Chief Fire Officer undertook to report back to the Executive on progress. He advised that it was to be expected that provision of service would not be to current standards. Plans were under way to offer advice to the public, both domestic and commercial to minimise risks.

Councillor Farrow advised that plans were subject to daily review and assured the Executive that frequent reports would be made on progress.

RESOLVED: to note the report.

341/02. FORWARD PLAN AND FUTURE BUSINESS

(Agenda Item 21)

The Executive considered a list of items (EX21) from the Forward Plan for the next two meetings identified from the current Forward Plan.

RESOLVED: to :

1. note the items currently identified for forthcoming meetings;
2. agree that the item put forward by Councillor McIntosh-Stedman on the possible re-opening of Littlemore Rail Station should be considered in conjunction with Forward Plan item 2002/175.

in the Chair

Date of signing 2002

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