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ITEM EX3

EXECUTIVE – 16 MARCH 2004

Minutes of the Meeting commencing at 2.00 pm and finishing at 6.35 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, reports and schedule, copies of which are attached to the signed Minutes.

58/04. APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillor Neil Fawcett.

59/04. DECLARATIONS OF INTEREST

Councillor Crabbe declared a prejudicial interest in item 7 (so far as related to the proposals for minerals) and 8 by virtue of his family’s land interest in the Wallingford and Moreton Areas respectively.

Councillor Purse declared a personal interest in item 7 as a member of Oxford Preservation Trust.

Councillor Janet Godden declared a personal interest in item 16 as a non-executive director of the Oxfordshire Mental Healthcare Trust.

60/04. MINUTES

The Minutes of the meeting held on 2 March 2004 were approved and signed.

61/04. PETITIONS AND PUBLIC ADDRESS

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

Agenda Item	Request from
Mrs Margaret Coombs, Chair of Health & Social Care, Oxford Diocese)	5. - Financial Monitoring
Mrs Claire McCarthy, resident of Thame )
Mr Patrick Grincell, Messrs Hepher Dixon, on behalf of PAGE (Parishes Against Gravel Extraction) )	7. - Oxfordshire Structure Plan
Mrs Julie Hankey, resident of Northmoor )

62/04. FINANCIAL MONITORING

(Agenda Item 5)

The Executive considered a report (EX5) which set out the budget monitoring position to the end of January.

Councillor Mitchell made a statement in relation to the Domiciliary Care Income Collection Account referred to in paragraphs 11 and 27 of the report. He reported that the account had been opened in February 1999 and that the balance in the account had increased over the period to 31 March 2003, by which time some £920,000 had accumulated, because the balance on the account had not been transferred annually to the Council’s consolidated bank account. However, interest had been credited on the monies within the account and no financial loss had occurred.

He expressed regret that the problem had not been identified by internal or external audit, but gave assurances that the relevant financial systems were being investigated and that a full report would be coming to the Executive later in the year. He further reported that there would have been no impact on successive budgets set by the Council for Social & Health Care had the account been taken into consideration.

Mrs Coombs urged the Executive to return this year’s underspend in Social & Health Care and the accumulated Domiciliary Care Account balance to front-line services; to carry out a root cause analysis of the systems failure, to be presented in terms that the public could understand; to set out the Social & Health Care Budget in a more complete and transparent form; and for the annual accounts to be widely published in accordance with Section 15 of the Audit Commission Act 1998.

Mrs McCarthy referred to the difficulties she experienced as the mother of a disabled child and the level of unmet need across Oxfordshire. She asked the Executive for an assurance that the fees to be paid to the consultants to look at the Social & Health Care accounts would not be taken from the Home Care funding and that the money that was meant for Home Care was used for this service. She stressed that in her opinion the Council had a duly to apologise for its mistake, and make every effort to make a positive difference with the money that had been found.

Councillor Brighouse stressed the need to ensure that the financial mechanisms in Social & Health Care were robust. She urged the Executive to commission a comprehensive Peer Review of all the Council’s financial services.

Councillor Mitchell advised Mrs Coombs that information relating to Social & Health Care finances was set out fully in the published budget, Oxfordshire Plan and Social & Health Care Service Plan, which were readily available for public inspection. He invited Councillor Brighouse to consider putting a motion to the Council to press her proposal for a Peer Review and to explain there how it would work and the associated costs.

RESOLVED: to note the report.

63/04. OXFORDSHIRE COMMUNITY STRATEGY

(Agenda Item 6)

The Executive considered a report (EX6) which outlined the response to consultation on the draft Community Strategy for Oxfordshire prepared by the Oxfordshire Community Partnership together with the comments of the Corporate Governance Scrutiny Committee, following their consideration of the draft Strategy on 4 March.

In relation to the Corporate Governance Scrutiny Committee’s comments set out on the addenda, Councillor Mitchell advised that recommendations (a), (b), (e) and (g) had been accepted; that road safety had not been identified as a concern in the consultation exercises and was covered by district community strategies; that the Compact would be referenced within the community strategy and that links were already in place with local LSPs; and that all ambition groups were currently working on their action plans to ensure that they were specific, measurable, achievable, realistic and timed.

RESOLVED: to:

1. subject to (b) below, RECOMMEND the Council formally to adopt the Strategy;
2. authorise the Chief Executive, in consultation with Leader & Deputy Leader of the Council and the Chairman of the Oxfordshire Community Partnership Steering Group, to make any textual amendments to the draft taking account of the views expressed at the Forum in May.
   
   

64/04. OXFORDSHIRE STRUCTURE PLAN

(Agenda Item 7)

(Councillor Crabbe left the room for the duration of the debate and voting on the minerals policies).

The Executive considered a report (EX7) which outlined the responses and objections to the significant proposals in the draft Structure Plan for development in the Oxford Green Belt South of Grenoble Road and for a new area for Mineral Working in South Oxfordshire.

Mr Grincell spoke on behalf of Parishioners Against Gravel Extraction opposing the identified strategic area for further Gravel Extraction, on the basis that at a previous Minerals and Waste Local Plan Inquiry, the inspector had highlighted the constraints for mineral working in the Stadhampton-Berinsfield-Warborough-Benson area and recommended that it should remain untouched, that there had been no material change in the circumstances to alter this view and that new ecological, landscape and hydrological constraints had been identified in the area.

Mrs Hankey spoke against further mineral extraction in Stanton Harcourt and the surrounding areas, with particular reference to the Stonehenge Farm site. She urged the Executive to take into account the effects of extracting 2.5 million tones of gravel in terms of the risk of flooding, the destruction to the landscape and the irreparable loss of archaeological evidence.

Councillor Patrick spoke against the proposed development at Grove, on the grounds that it was not a sustainable development for housing in terms of transport links, flooding and cost to the Council.

Councillor Greene spoke in support of the recommendations from the Environment Scrutiny Committee.

Councillor Joslin urged retention of the Grenoble Road development as supporting the position of Oxford as the County’s economic hub and not causing real damage to the Green Belt.

In relation to the Environment Scrutiny Committee’s comments Councillor Purse advised that she would be content for the situation post 2016 to be debated at full Council; that she had no objection to the change proposed to policy EGI; that alternative developments such as the Shipton Quarry proposal would be looked at by the Examination in Public; and that she would support an amendment which sought to protect the Wilts and Berks Canal.

RESOLVED: to:

1. RECOMMEND Council to agree the proposed change to policy H1 in the draft Oxfordshire Structure Plan set out in Annex D to the report for consultation before the Examination in Public;
2. authorise the Head of Sustainable Development, following consultation with the Executive Members for Sustainable Development and Transport, to identify any further detailed changes to policies that the County Council might accept as an aid to discussion at the Examination in Public, and changes to the supporting text; and
3. authorise the Head of Sustainable Development, following consultation with the Executive Members for Sustainable Development and Transport and the Examination in Public Panel, to prepare the draft and final lists of issues for discussion and participants to be invited to the Examination in Public.
4. (by 6 votes to 0) advise Council that the Executive was not recommending any change in respect of Policy M2 and the identification of strategic resources for sand and gravel, but recognised that the Council might wish, in the light of the consultation responses, to consider whether a change should be proposed for consultation before the Examination in Public.

 

Councillor Dickie Dawes

The Chairman reported that he had received news of the death of Councillor Dickie Dawes. Those present stood in silent tribute.

65/04. TRANSPORT CAPITAL PROGRAMME

(Agenda Item 8)

(Councillor Crabbe left the room for the duration of this item).

The Executive considered a report (EX8) which sought approval to the 2004/05 Transport Capital Programme totalling some £32m, and to indicative programmes for 2005/06. The report also provided the information on the use of the reward funding of £2.4m and £0.336m included in the Local Transport Plan settlement for 2004/05 as requested in the 10 February 2004 Council resolution on the Capital Budget.

RESOLVED: to:

1. approve the detailed Transport Capital Programme for 2004/05 and the provisional programmes for 2005/06 as set out in the booklet accompanying the report subject to adjustment of the 2005/06 programme to match the available finance in that year;
2. approve the Project Appraisal for the upgrading of Thornhill Park & Ride site; and
3. request the Head of Transport to report on progress on the Transport Capital Programme in October 2004.
   
   

66/04. HIGHWAY MAINTENANCE PROGRAMME 2004/05

(Agenda Item 9)

The Executive considered a report (EX9) which listed the planned expenditure on the highway maintenance activities programmed for 2004/05 funded from the available revenue budget (£17.6m) and capital budget (£11.01m). The report further detailed the allocations for Oxford City Council for Section 42 works on unclassified roads in Oxford in 2004/05.

Councillor Robertson undertook to look at the allocation for footway maintenance in relation to the totality of the programme, having regard to the Council’s priority as to the improvement of the condition of local roads and pavements.

RESOLVED: to:

1. endorse the details of the 2004/05 Highway Maintenance programme as set out in Annex 1 to the report; and
2. approve the Oxford City Council’s Section 42 estimate as modified and shown in Column B of Annex 2 to the report.
   
   

67/04. USE OF SOCIAL SERVICES VEHICLES FOR PUBLIC TRANSPORT PURPOSES

1. to note that there might be opportunities for using Social & Health Care’s vehicles for community transport schemes and to draw this to the attention of officers of this Council in Environment & Economy and Social & Health Care and partner Councils who might be engaged in setting up such schemes;
2. that the replacement of withdrawn or threatened bus service journeys to a number of rural communities in the Faringdon/Wantage and Wallingford areas by SHC vehicles operating under Section 19 powers should be piloted; and that normal tendering arrangements should be adopted but with Social & Health Care being advised by Environment & Economy whenever a service that might be appropriate to Section 19 operation by Social & Health Care was identified;
3. that, arising from pilot operations, a review of the cost effectiveness, usage and consumer satisfaction with the operations should be undertaken by Environment & Economy to determine the applicability for further extension of the concept to other areas of the county;
4. that Environment & Economy should keep a watching brief on possible changes to Section 22 criteria and the outcome of the Government’s Accessibility Planning pilot studies so that any wider opportunities for the use of SHC vehicles could be explored in the future.

68/04. FOOD LAW ENFORCEMENT SERVICE PLAN

(Agenda Item 11)

The Executive considered a report (EX11) which outlined progress with the production of the Food Law Enforcement Service Plan thus far and the comments thereon of the Community Safety Scrutiny Committee. Mr Strick tabled an updated draft of the Plan at the meeting, a copy of which is attached to the signed minutes.

RESOLVED: to RECOMMEND Council to approve the Food Law Enforcement Service Plan for submission to the Food Standards Agency.

69/04. FIRE RISK MANAGEMENT PLANNING IN OXFORDSHIRE

(Agenda Item 12)

The Executive considered a report (EX12) which outlined progress with the production of the Integrated Risk Management Plan and Annual Action Plan thus far and the comments thereon of the Community Safety Scrutiny Committee.

Councillor Farrow, in introducing the report, welcomed the Scrutiny Committee’s response and undertook to incorporate their comments into the final plan.

Councillor Harris suggested that the decision of the Executive should be regarded as being taken on the date when the plan was finalised under Recommendation (c) and expressed concern about the level of the detail within the plan in relation to staffing matters.

In relation to the decision making process, Mr Leverton advised that the terms of the Constitution did not permit a different date to be ascribed to the Executive’s decision, and pointed out that the intention of Recommendations (b) and (c) was to allow for minor editorial adjustments to be made, not changes of substance.

In relation to the level of detail in the Plan, Councillor Farrow confirmed that it was considered appropriate to include staffing levels in this edition of the Integrated Risk Management Plan but the position would be reviewed for the future.

RESOLVED: to:

1. note the feedback from the consultation exercise and the comments of the Community Safety Scrutiny Committee;
2. confirm the Integrated Risk Management Plan and Annual Action Plan 2004 – 2005 as presented to the Executive on 28 October 2003, subject to minor textual amendments in consequence of the response to consultation and to any changes arising from Community Safety Scrutiny Committee’s comments;
3. authorise the Director for Community Safety & Chief Fire Officer, in consultation with the Executive Member for Community Safety, to agree the final Risk Management Plan and Annual Action Plan for publication and distribution.
   
   

70/04. YOUTH JUSTICE PLAN

(Agenda Item 13)

The Executive considered a report (EX13) which outlined progress with the production of the Youth Justice Plan thus far and the comments thereon of the Social & Health Care Scrutiny Committee.

Councillor Fooks, speaking as PSA Champion for the Reduction of Offending by Children In Public Care, urged the Executive to place stronger emphasis in the prevention section of the plan on the work being carried out in relation to diversionary schemes for young offenders with particular reference to the Council’s role as corporate parent. In response, Mr Simm referred to specific paragraphs within the current draft plan that dealt with this issue.

Councillor Janet Godden welcomed and generally endorsed the comments of the Scrutiny Committee, subject to the reference of the question of the Health Sector not meeting its minimum required contribution to the Best Value Review of Children’s Services.

RESOLVED: to RECOMMEND Council to approve the Youth Justice Plan for submission to the Youth Justice Board.

(Councillor Margaret Godden in the Chair)

71/04. EARLY YEARS DEVELOPMENT & CHILDCARE/SURE START: STRATEGIC DELIVERY PLAN 2004-06

(Agenda Item 14)

The Executive considered a report (EX14) which presented the new EYDC-Sure Start Strategic Delivery Plan for 2004 – 2006, together with the comments of the Social & Health Care and Learning & Culture Scrutiny Committees who had considered a first draft of the Plan.

Ms Davy reported that many of the issues raised by the Scrutiny Committees were reflected in the Plan. She undertook to circulate her comments on the various points raised to the members of the Executive and the relevant Scrutiny Committees.

RESOLVED: to approve the proposals set out in the Early Years Development & Childcare/Sure Start Strategic Delivery Plan for 2004 – 2006 subject to any adjustments in the light of the Scrutiny comments being agreed by the Director for Learning & Culture, in consultation with the Executive Members for Children & Young People and Schools.

72/04. SOCIAL INCLUSION AND EQUALITIES

(Agenda Item 15)

The Executive considered a report (EX15) which presented a Comprehensive Equality Policy and sought commitment to the development of a Corporate Equality Plan and to the implementation of an Equality Impact Assessment process.

Councillor Hodgson expressed concern that training to promote equality such as deaf awareness and distance learning packages had ceased within the last 6 months. He urged the Executive to take steps to secure reinstatement of the courses urgently, and drew attention to the possibility of action against the Council under the Disability Discrimination Act where such arrangements were found to be unsatisfactory.

Mr Harper-Smith undertook to investigate this specific problem.

In relation to the Corporate Governance Scrutiny Committee’s comments, Councillor Margaret Godden reported that it was the Executive’s intention to include the contact details in the final published document; that the page headed "statement of commitment to promoting equality" would include a summary of commitments as a service provider, employer and partner; that the final document would use colour to clarify various sections; that the policy emphasised that social inclusion and equalities was a complex issue with wide implications, but that it was not the role or remit of this sort of policy to give detailed examples; that the policy contained 2 sections covering equality through learning and development, and would be expanded in the Equality Plan; that the Section on Monitoring, implementation had been expanded and would be set out in the Equality Plan and that links with other relevant County Councils had been covered in the last two pages of the Plan.

RESOLVED: to:

1. adopt the Comprehensive Equality Policy, set out in Annex 1 to the report, noting that this included a commitment to the development of a Corporate Equality Plan and implementation of an Equality Impact Assessment process;
2. agree that the promotion of equality and social inclusion was a corporate commitment standing alongside and integrating with the County Council’s values as stated in the County Council’s priorities;
3. endorse the establishment of a strategic Equality Standard implementation group of Directorate Business Managers plus the Head of Human Resources;
4. support the incorporation of the Council’s equality policy as a key theme within the cross-cutting social inclusion thread in the Oxfordshire Community Partnership’s Community Strategy;
5. authorise the implementation of the Social Indicators Inclusion Project as described in the report, extended to include such other relevant partners as may wish to participate in the Project, and/ subject to such protocols or partnership agreements as may appear to officers, in consultation with the Leader and Deputy Leader of the Council, to be requisite.
   
   

(Councillor Mitchell resumed the Chair)

73/04. INTEGRATION OF MENTAL HEALTH SERVICES

1. subject to (b) below, to endorse the creation of a fully integrated Mental Health Service for adults of working age by means of the formation of a Joint Management Group to discharge certain statutory functions of the County Council and other relevant NHS Trusts as described in the report;
2. to authorise completion of
   
   

1. an agreement for the creation of a Mental Health Partnership Board and Joint Management Group and defining the functions to be discharged by them; and
2. any further agreement that might be required in respect of other matters arising from the creation of the integrated Mental Health Service;

74/04. NORTH WESSEX DOWNS AND COTSWOLDS AONBS - MANAGEMENT PLANS

(Agenda Item 17)

The Executive considered a report (EX17) on the Management Plans prepared by the North Wessex Downs Council of Partners and Cotswolds Area of Outstanding Natural Beauty Partnership.

RESOLVED: to adopt the North Wessex Downs AONB Management Plan and the Cotswolds AONB Management Plan in pursuance of the duty under section 89(2b) of the Countryside and Rights of Way Act 2000.

75/04. OXFORDSHIRE MAGAZINE

(Agenda Item 18)

The Executive considered a report (EX18) which sought approval to increase the frequency of the Oxfordshire Magazine from two to four editions each year.

The Executive congratulated the Head of Media & Communications on the success of the publication.

RESOLVED: to approve the increase in frequency of publication of the Oxfordshire Magazine from two to four editions a year.

76/04. PERFORMANCE MANAGEMENT: PROGRESS AGAINST PRIORITIES AND TARGETS

(Agenda Item 19)

The Executive considered a report (EX19) which outlined performance at the end of the 3rd Quarter 2003 (ending 31 December 2003) against Oxfordshire Plan priorities, Public Service Agreement targets and key performance indicators that were either (a) incorporated as part of the Comprehensive Performance Assessment or (b) had been designated ‘high risk’ by the Audit Commission.

In introducing the report, the Director for Resources made reference to the amendments on the addenda and reported the following additional amendments to the "On Course?" column in Annex 3 to the report:

Table (download as .doc file)


RESOLVED: that Executive Members and PSA Champions include the identified areas of concern in their regular reviews of performance with Directors and satisfy themselves that effective remedial action was in place.

77/04. TREASURY MANAGEMENT STRATEGY

(Agenda Item 20)

The Executive had before them a report (EX20) which outlined progress with the production of the Treasury Management Strategy thus far and the comments thereon of Corporate Governance Scrutiny Committee.

RESOLVED: to RECOMMEND the Council to approve the Treasury Management Strategy for 2004/05 set out in the report (EX6) to the 17 February meeting of the Executive.

78/04. REPRESENTATION ON STRATEGIC OUTSIDE BODIES 2004/05

(Agenda Item 21)

The Executive considered the list of appointments to "Strategic" outside bodies (EX21) for 2004/05 Councils Year.

RESOLVED: to:

1. make the appointments listed in Part A of Annex 1 to these Minutes (download as .rtf file) for the 2004/05 Council Year; and
2. make the appointments shown in bold italic type in Part B.
   
   

79/04. FORWARD PLAN AND FUTURE BUSINESS

(Agenda Item 22)

The Executive considered schedules of proposed additions and amendments to the Forward Plan together with a list for the next two meetings, revised as set out in the Schedule of Addenda.

RESOLVED: to:

1. agree the additions and amendments set out in Schedules 1 - 3 (as revised) for the purpose of the Forward Plan for the ensuing four months;
2. subject to (a) above, note the items currently identified for forthcoming meetings as set out in Schedule 4.

in the Chair

Date of signing 2004

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