Meeting documents

Cabinet
Tuesday, 16 January 2007

CA160107-03

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ITEM CA3

CABINET

MINUTES of the meeting held on 19 December 2006 commencing at 2.00 pm and finishing at 5.20 pm

Present:

Voting Members:

Councillor Keith R Mitchell - in the chair

Councillor Roger Belson
Councillor Jim Couchman
Councillor John Howell
Councillor Ray Jelf
Councillor David Robertson
Councillor Don Seale
Councillor C.H. Shouler
Councillor Michael Waine

Other Members in Attendance:

Councillor John Sanders (for Agenda Item 6)
Councillor Barbara Gatehouse (for Agenda Item 6)
Councillor Liz Brighouse (for Agenda Item 6)
Councillor Larry Sanders (for Agenda Items 6 & 13)
Councillor Zoé Patrick (for Agenda Items 9 & 10)
Councillor Dr Peter Skolar (for Agenda Item 11)
Councillor David Turner (for Agenda Item 13)
Councillor Jim Moley (for Agenda Item 14)

Officers:

Whole of meeting: A. R. Cloke and M. Bayliss, P. Edwards, P. James (Chief Executive’s Office); L. Baxter, N. Monaghan, S. Munn, H. Perkins, S. Scane, Skivington, (Resources); N. Welch (Social & Community Services); Director for Environment & Economy, J. Boyd (Environment & Economy); S. Adams (Children, Young People & Families); C. Thomas (Community Safety).

The Cabinet 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 the following additional document:

  • A supplementary briefing note by the Leader of The Council relating to Agenda Item 9;

and decided as set out below. Except insofar as otherwise specified, the reasons for the decisions are contained in the agenda, reports, schedule and additional document, copies of which are attached to the signed Minutes.

    177/06. APOLOGIES FOR ABSENCE

    Apologies for absence were received from Councillor Louise Chapman.

    178/06. MINUTES

    The Minutes of the meeting held on 21 November 2006 were approved and signed.

    179/06. ORDER OF BUSINESS

    It was AGREED to vary the order of business as indicated in these Minutes.

    180/06. PETITIONS AND PUBLIC ADDRESS

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

    Request from

    Agenda Item

    Mr Thomas Li (Oxfordshire Chinese Community & Advice Centre representative)

    Ms Fran Bennett (Agnes Smith Advice Centre representative)

    Ms Kath Smith (Rose Hill & Donnington Advice Centre representative

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

    West Oxfordshire District Councillor Hilary Hibbert-Biles (Local Member)

    11. Chipping Norton: Care Home and Primary Care Facilities.

    Mr Paul Chantry (Deputy Managing Director, BMW Group, Oxford Plant)

    Ms Troth Wells (Oxfordshire Area Bridleways Association representative)

    Mr John Orchard (Ramblers Association representative)

    Mr Henry Whittaker (Senior Executive, British Horse Society)

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

    181/06. SERVICE AND RESOURCE PLANNING 2007/08 – 2011/12

(Agenda Item 6)

The Cabinet considered a report (CA6) which was 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 provided information that would lead to the County Council agreeing a budget requirement and council tax level for 2007/08 in February 2007.

The following speakers spoke against the proposals to discontinue funding for several Oxfordshire Advice Centres:

    • Councillor John Sanders (speaking as a Local Member for Cowley & Littlemore);

    • Councillor Gatehouse (speaking as a Local Member for Leys & Lye);

    • Councillor Liz Brighouse (speaking as a Local Member for Barton & Churchill);

    • Councillor Larry Sanders (speaking as a Local Member for East Oxford);

    • Ms Kath Smith (Rose Hill & Donnington Advice Centre representative);

    • Ms Fran Bennett (Agnes Smith Advice Centre representative); and,

    • Mr Thomas Li (Oxfordshire Chinese Community & Advice Centre representative).

The main points made by the speakers were as follows:

    • Small grants such as these provided good value for money and helped provide considerable support to families;

    • Cabinet may not realise the full nature of the service provided by these centres and the wide range of people that would be affected by their closure;

    • Recognise that Centres were embedded in the Oxfordshire plan as part of "maintaining communities" and play a critical part as the hub of dealing with people with disabilities and those wanting to return to work;

    • There was an obvious financial burden but this is partly offset by payments made for community care via disability benefits;

    • Particularly vulnerable are the non-English speaking clients, who rely on the centres as a lifeline for advice; and

    • The centres are complimentary and preventative as they help people avoid becoming social service clients.

Councillor Shouler, in response to the comments made, stated that these proposals had been submitted to the Scrutiny Committees for review. He noted the advice received from 4 of the Scrutiny Committees to date and indicated that Cabinet would consider all the advice together at its January 2007 meeting once the Corporate Governance Scrutiny Committee had met to discus the proposals. He also welcomed the comments from the speakers at this meeting and would consider them in light of any decision made. He made it clear that no decision was being made regarding funding arrangements at this meeting and no further closure notices would be issued at this point.

RESOLVED: to:

    1. note the report;

    2. note those charges prescribed by legislation, and to approve those charges where there was local discretion, subject to consideration of any comments from the Corporate Governance Scrutiny Committee;

    3. endorse the proposed funded pressures 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 Medium Term Financial Plan;

    5. make use of prudential borrowing for the Review of Property Assets project if the Business Case presented to Cabinet in January 2007 was approved; and

    6. ask the Capital Steering Group to bring forward recommendations for schemes to be included in the Capital Programme for 2007/08 to 2009/10.

    182/06. FINANCIAL MONITORING

    (Agenda Item 5)

    The Cabinet considered a report (CA5) that covered the period ended 31 October 2006 for both revenue and capital. Changes to the forecast revenue outturn were reported against the position at the end of September 2006.

    The consolidated revenue forecast for the year-end showed a balance of £14.028m. This was 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).

    RESOLVED: 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.

    3. approve the £0.308m permanent virement between staffing budgets in Educational Effectiveness service within Children Young People & Families;

    4. approve the temporary virement between Social & Community Services and Children, Young People & Families in respect of service level agreements;

    5. approve the write off of debts totalling £0.037m within Social & Community Services;

    6. approve the changes to the Capital Programme set out in the report; and

    7. approve the allocation of the capital receipt from the sale of Bridge Bar, Banbury towards the Youth Centre projects.

    183/06. PERFORMANCE MANAGEMENT

    (Agenda Item 7)

    The Cabinet considered a quarterly report (CA7) for performance at the end of the second quarter of 2006/7. The report presented performance against priorities in a balanced scorecard format, using a traffic light system to show progress within four blocks: customers, finance, process and people.

    Mr Edwards reported that Performance at the end of the first quarter was encouraging, showing green traffic lights for 85% of indicators where information was available.

    RESOLVED: to note the report.

    184/06. ESTABLISHMENT MONITORING

    (Agenda Item 8)

    The Cabinet considered a report (CA8) which gave an update on activity since the implementation of the new Establishment Review and associated Recruitment Approval process on 1 August 2005. Details of the agreed establishment figure at 30 June 2006 in terms of Full Time Equivalents was provided, together with the detailed staffing position at 30 September 2006 and these were shown in the report by Directorate and service area.

    RESOLVED: to:

    1. note the report; and

    2. confirm that the Establishment Review continued to meet the Cabinet’s requirements in reporting and managing staffing numbers.

    185/06. LOCAL GOVERNMENT WHITE PAPER – STRUCTURAL ISSUES

(Agenda Item 9)

The Cabinet considered a report (CA9) on the Government White Paper: ‘Strong & Prosperous Communities’, which was published on 26 October 2006. A new local government Bill to enact the White Paper proposals was published alongside the White Paper.

Councillor Patrick, speaking as leader of the opposition, welcomed the proposals to strengthen scrutiny and endorsed the view that the timescale for formulation of a scheme to make a pathfinder bid was unrealistic. She asked the Chief Executive to explore the possibility of unitary models, with emphasis on how responsibilities could be devolved to communities and enhance localism.

A supplementary briefing note by the Leader of The Council relating to the issues raised was tabled at the meeting. The Leader took an optimistic view on the content of the White Paper while strenuously opposing any structural change that would mean the abolition of the County Council. He stated that this would be a costly and disruptive exercise and would never be able to pay back the associated costs.

RESOLVED: That the Cabinet recommend the County Council to:

    1. Oppose vigorously any bid for unitary councils, based on one or more districts in Oxfordshire, which would result in the abolition of the County Council;

    2. Support an enhanced two-tier model of local government with an invitation to the five District Councils in Oxfordshire to embrace the concept enthusiastically but not to pursue a Pathfinder bid for the reasons set out above; and

    3. Call on district council partners to sign up to the principle of radical changes in the two-tier system for implementation over a 3 year period.

      186/06. GOVERNANCE PROPOSALS FOR THE OXFORDSHIRE PARTNERSHIP AND LOCAL AREA AGREEMENT.

    (Agenda Item 10)

    The Cabinet considered a report (CA10) that set out proposals for the governance of the Oxfordshire Partnership and the Public Service Board within the context of the Local Government White Paper, which was published on 26 October 2006.

    Councillor Patrick, speaking as leader of the opposition, welcomed the devolution of grant funding as outlined in the White Paper as it granted the local authorities the power to deliver service targets more effectively. She expressed concern at the lack of consultation and tight timeframe for putting forward proposals for partnership governance.

    The leader of the Council responded that there had been many divergent views expressed at the Oxfordshire Community Partnership Strategy Board meeting in December 2006 and this had hindered the amount of strategic output. He was also looking forward to the challenge of gaining an acceptable level of agreement by the new Oxfordshire Partnership.

    RESOLVED: to adopt the proposals for the governance of the Oxfordshire Partnership and Local Area Agreement.

    187/06. CHIPPING NORTON: CARE HOME AND PRIMARY CARE FACILITIES

    (Agenda Item 11)

    The Cabinet considered a report (CA11) that summarised the current position for the proposed development of a care home and primary care centre for Chipping Norton.

    Councillor Dr Skolar, speaking as Chair of the Joint Health & Overview Scrutiny Committee, generally welcomed the report and thanked the Cabinet for their perseverance in dealing with this issue. He urged the Cabinet to continue its efforts to persuade the Primary Care Trust to resolve its budgetary issues, as this project had wide ranging implications outside of the Chipping Norton area.

    West Oxfordshire District Councillor Hilary Hibbert-Biles, speaking as a local member, endorsed Councillor Dr Skolar’s comments and expressed surprise that the situation had become so problematic. She was particularly concerned at the potential closure of Castle View care home, as this would leave this isolated area of West Oxfordshire without any care home facilities of this kind.

    Councillor Seale responded to the comments by stating that it remained the Council’s intention to go ahead with the project, as a large amount of work had been done in the last 5 years to secure a positive outcome for the elderly in this area. Working with the Primary Care Trust to resolve its financial issues would continue but Councillor Seal indicated that the Council could not continue to operate the Castle View site as it did not meet regulations imposed by the Commission for Social Care Inspectorate.

    RESOLVED: to agree that:

    1. the County Council confirm 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 be brought to the Cabinet meeting on 20 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 on 20 March 2007 the County Council intends to 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 was 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.

    188/06. STOPPING UP: ROMAN WAY AND GARSINGTON ROAD, OXFORD

(Agenda Item 13)

The Cabinet considered a report (CA13) on a proposal from BMW, who requested 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.

The following speakers spoke against the proposal:

    • Councillor Turner (speaking as a local member);

    • Councillor Larry Sanders (speaking as a local member);

    • Ms Troth Wells (speaking as the Oxfordshire area representative of the Bridleways Association);

    • Mr John Orchard (speaking as a representative of the Ramblers Association);

    • Mr Henry Whitaker (speaking as a senior executive of the British Horse Society).

The main points made by the speakers were as follows:

    • concern that no guarantees had been provided by BMW as to the certainty of the company delivering parts by rail in future;

    • that the proposed alternate route was not as safe as the current one, particularly with regard to traffic;

    • the new route was at least 30% longer;

    • if an alternate route existed, why was this not already in use;

    • the route was used frequently by hose riders and would continue to be used by future generations of horse riders;

    • the need to preserve this right of way as an aspect of English heritage;

    • the stopping up ran contrary to the Council’s Rights of Way Improvement Scheme;

    • alternate routes should be better researched and further, more extensive consultation should take place before a final decision was made.

Mr Paul Chantry, speaking on behalf of BMW motor company, explained the need to proceed with the application on safety, security and operational grounds. The proposal was a vital element of the site’s development plan and he endorsed the report as an accurate outline of the current position. He assured the speakers that it was planned to deliver parts via rail and believed the alternate route proposed would provide an excellent pathway for both pedestrians and cyclists.

The Director for Environment & Economy responded that the decision being made at this meeting was to approve the application to the Magistrates Court, who would make the final decision. He stated that from research conducted, there had been little evidence of use of the bridleway by horse riders prior to BMW making its application and therefore supported the application to the Magistrates Court by BMW.

Following debate, it was agreed that Cabinet would defer the recommendations in light of the concerns outlined above.

RESOLVED: to defer consideration of the request from BMW to make an application to the Magistrates’ Court for an order for the stopping up of Roman Way, Bridleway 75 and a part of the footway in Garsington Road, Oxford, pending a visit to the site in order to:

    1. explore the feasibility of an alternative route including bridleway to the eastern side of the site;

    2. see Bridleway 75 in the context of the local footpath and bridleway network; and,

    3. consider technical information about why the proposed western alternative route could not also be a bridleway.

    189/06. POST 16 SEN PROVISION

    (Agenda Item 14)

    The Cabinet considered a report (CA14) that followed up on Cabinet’s pervious consideration of provision of Post 16 Special Education Needs in July 2006.

    Councillor Moley, speaking as a local member, welcomed the report and endorsed its recommendations. He agreed that this sought to rectify the historical anomaly that Oxfordshire’s Post SEN 16 provision was seen to be comparing adversely with other counties. He endorsed the fact that the same number of years in school would now be offered to SEN students and it allowed an outstanding school to offer its services to a deserving group.

    RESOLVED: to:

    1. endorse the development of a more flexible approach to SEN provision post 16 from 2007;

    2. consider the financial implications 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;

    4. ask officers from Social and Community Services to consider implications for post 19 provision and to report those to Cabinet; and,

    5. ask officers from Children, Young People and Families to work with colleges to create a document for each student transferring to college from special school which set out the provision which would be made, and the routes by which any parental concerns would be addressed.

    190/06. SOUTH EAST FIRE AND RESCUE SERVICE’S REGIONAL CONTROL CENTRE & BOARD MEMBER

    (Agenda Item 16)

    The Cabinet considered a report (CA16) on the establishment of a south east regional control centre and sought approval for the relevant drafts of the Memorandum and Articles of Association. An outline of a Members Agreement was also formulated for the proposed company, which would be called the South East Fire and Rescue Control Centre Ltd.

    RESOLVED: to:

    1. approve the Memorandum of Association and Articles of Association;

    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 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.

    191/06. FORWARD PLAN AND FUTURE BUSINESS

    (Agenda Item 16)

    The Cabinet considered a list of items (CA16) for the immediately forthcoming meetings of the Cabinet.

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

    192/06. PROJECT APPRAISAL: HOME FOR OLDER PEOPLE AND EXTRA CARE HOUSING, BICESTER

    (Agenda Item 12)

    The cabinet considered a report (CA12) on the redevelopment strategy for the 19 residential care homes that were transferred to the Oxfordshire Care Partnership in December 2001, including the replacement of the existing St Edburgs Home for Older People in Bicester with a new Care Home and 20 units of Extra Care Housing.

    RESOLVED: 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 was 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.

in the Chair

Date of signing 2007

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