Minutes of the ordinary meeting of Council held on 23^rd April 2012.

Minutes of the Annual Council Meeting held on 23^rd May 2012.

(1)       The minutes of the Ordinary Meeting of Council held on 23 April 2012 were confirmed as correct record

(2)       The minutes of the Annual Meeting of Council held on 23 May 2012 were confirmed as a correct record subject in minute 7 to the deletion of the word ‘Welfare’ and its substitution by the word ‘Welcome’.

Councillors declared pecuniary interest as follows:-

(a)       Councillor Altaf-Khan – pecuniary interest in Motions 4 (Passenger Rights to Privacy – minute 31) and 6 (Taxi Licenses City Quotas – minute 31) because his employment was in the licensed vehicle for hire trade.

(b)       Councillor Khan – pecuniary interest in Motions 4 (Passenger Rights to Privacy – minute 31) and 6 (Taxi Licenses City Quotas – minute 31) because his employment was in the licensed vehicle for hire trade.

(c)        Councillor Malik – pecuniary interest in Motions 4 (Passenger Rights to Privacy – minute 31) and 6 (Taxi Licenses City Quotas – minute 31) because his employment was in the licensed vehicle for hire trade.

(d)       Councillor McCready – pecuniary interest in Member Question on Notice 16 (minute 28) (which concerned an Ombudsman matter relating to a covenant) because the property in which he lived was subject to such a covenant.

In accordance with the Member Code of Conduct and the law the Councillors left the meeting whilst the matters in which they had a declarable pecuniary interest were discussed.

Apologies for absence were received from Councillors Baxter, Brett, Humberstone, McManners and Smith.

None.

The Lord Mayor made announcements as follows:-

(a)       Visitors to Council

He welcomed to the meeting a party of Chinese public sector managers who were in England to learn about public service provision.

(b)       Conduct of Council Business

·        Members should switch off mobile devices unless:-

v     They were expecting an urgent call, in which case they should use the vibrate mode for incoming calls and messages

v     They were using a mobile device to read the Council agenda

·        Members should treat each other with mutual respect, should listen to what Members say and should not interrupt or disrupt Member speeches or addresses or questions by members of the public

·        Council Business should be conducted through the Chair.

·        When the Lord Mayor stood to speak all Members should sit down.

(c)        Council Clock

The clock on the wall in the Council Chamber had now been repaired and showed a correct time. The supplementary clocks had therefore been removed.

(d)       Freedom of the City

A presentation of the Freedom of the City certificate (the Freedom having been granted in 1997) had been made to Aung San Suu Kyi on 20^th June 2012. Aung San Suu Kyi had thanked the Council for awarding her the Freedom. Her timetable of meetings and visits whilst in England had prevented her from receiving the Freedom certificate formally at a Council meeting and so instead the University of Oxford had agreed to the certificate being presented during an event that it had organised. Some Councillors had been invited to the event, and had been in attendance.

(e)       Crown Court Attendance

Judge Gordon Risius had invited him to observe Crown Court proceedings recently which he had found very interesting. He said that the Courts were interested in involving the Council in some way in their work and in developing a closer working relationship with the Council.

The Sheriff made announcements as follows:-

(a)       Port Meadow Inspection

The Annual inspection of Port Meadow had taken place 22^nd June 2012. Some issues had been noted and were being pursued.

(b)       The Port Meadow Round-Up

This would take place in due course and she was preparing to play a central role in that event

(c)        Aunt Sally Match

The Annual Aunt Sally match against the Freeman of Oxford had taken place on xx June 2012. She was pleased to report that after failing to win at this event for a number of years, the Sheriff’s team had won on this occasion.

The Leader made announcements as follows:-

(a)       Museum of Oxford

Phase One of a two year programme of improvements to the Museum of Oxford had opened to the public recently. The programme was being led by the Head of Policy, Culture and Communications with support from the Civic Society. The Leader thanked in particular Sadie Paige (Museum Development Support Officer) and Vanessa Lea (Museum Operations Officer) for their work on Phase One.

(b)       Torch Relay

The Leader thanked officers for their work in making the Torch Relay and the events in South Park a highly successful occasion. LOCOG (London Organising Committee for the Olympic Games) had said that the arrangements in Oxfordshire had been the best of any county so far. The Leader thanked Alison Drummond (Events Officer) and Rachel Capell (City Events and International Links Officer) for their work on the Torch events.

There were no announcements by the Chief Finance Officer or the Monitoring Officer.

The Chief Executive announced that Stephen Clarke had been appointed to the position of Head of Housing with the Council. Stephen had some 30 years experience in housing management. He brought unitary experience with him and had held substantive positions with two London boroughs and one ALMO. Stephen would start work with Council on 28 August 2012.

To hear addresses from members of the public in accordance with Council Procedure Rule 11.8 for which the required notice (1.00pm on Thursday 12^th July) and the full wording of the address has been given to the Head of Law and Governance.

Council received the following addresses from the persons mentioned below:-

(1)       Nigel Gibson – petition – ‘Labour must listen to Oxford’ – Mr Gibson presented a petition entitled ‘Labour must listen to Oxford’ which he explained contained just under 2000 signatures. It had been collected over a 3 week period. The preamble to the petition read as follows:-

‘In the Local elections in May Labour received 14,321 votes, 12.8% of the electorate. The save Temple Cowley Pools campaign has over 17,500 signatures on the petitions it has submitted to the Oxford City Council Labour still controls. As a result, we the undersigned, do not believe that Labour has a moral mandate to build a new 25 metre non-Olympic swimming pool in Blackbird Leys for over £13 million, one third of this years building budget affecting all Oxford Council tax payers when £3 million will refurbish and improve the existing leisure facilities in East Oxford. I call on Labour to stop the scheme now, keep the green in Blackbird Leys for the estate to enjoy and ensure that both the existing Blackbird Leys swimming pool and Temple Cowley Leisure Centre remain open.’

Council received the petition and noted that, provided it contained 1,500 signatures or more it would be considered formally at the Council meeting on 8^th October 2012.

(2)       William Clark – Blackbird Leys Swimming Pool – Mr Clark made an address concerning the decision-making around the provision of a new swimming pool at Blackbird Leys. The full address is appended to the signed copy of these minutes.

(3)       Joshua Knight – St Clement’s Car Park – Mr Knight made an address opposing the sale of the St Clement’s Car Park. The full address is appended to the signed copy of these minutes.

(4)       David Quinn – Squash provision – Mr Quinn made an address concerning the impending closure of Squash courts at Ferry Sports Centre. Full address is appended to the signed copy of these minutes.

(5)       Martin Murphy – St Clement’s Car Park – Mr Murphy made an address concerning the nature of the proposed development at the St Clement’s Car Park and its impact on the surrounding area. The full address is appended to the signed copy of these minutes.

(6)       Mark Pitt – Barn, Bury Knowle Park – Mr Pitt made an address concerning the preservation of the Barn adjacent to Bury Knowle House in Bury Knowle Park. The full address is appended to the signed copy of these minutes.

(7)       Nigel Gibson – Democracy in Oxford – Mr Gibson made an address concerning the ills as he perceived them of the current governance structure of the Council. The full address is appended to the signed copy of these minutes.

(8)       Nigel Gibson – Financing Leisure Services in Oxford – Mr Gibson made an address in which he analysed the cost per visit to leisure facilities under the Fusion Leisure contract. The full address is appended to the signed copy of these  ...  view the full minutes text for item 22.

To hear questions from the public in accordance with Council Procedure Rule 11.9 to the Leader or other Members of the City Executive Board for which the required notice (1.00pm on Thursday 12^th July 2012) and the full wording of the question has been given to the Head of Law and Governance, and to hear responses from those Members.

Five questions by the public were submitted to Council under Council Procedure Rule 11.9 and replies given as follows:-

(1)       Question to the Leader (Councillor Bob Price) from Nigel Gibson

At the local government elections in May, Labour canvassers were overheard several times on the doorstep saying that Labour will rebuild Temple Cowley Leisure Centre and so people should vote Labour. As a member of the Save Temple Cowley Pools Campaign, I am of course delighted that Labour has decided to switch to evidence-based decision and policy making and support the campaign. Can I ask the Leader when he is going to be formally announcing this change in policy, and does this mean that he and Labour will not be wasting over £13m of public money on a white elephant of a vanity project that is the 25m swimming pool planned in Blackbird Leys, or were Labour supporters simply lying during the election to try and gain votes?

Response: The questioner’s informers must have misheard doorstep remarks. The Councils policy has not changed; the Temple Cowley Pool and Leisure Centre had reached the end of its useful life and needs to be replaced. The Council is still planning to construct a new Pool at Blackbird Leys. If the questioner can supply evidence about the comments that are referred to they will be investigated.

(2)       Question to the Board Member, Customer Services and    Regeneration (Councillor Val Smith) from Sietske Boeles

Can you please provide a breakdown of student council exempt properties which are classified as Halls of Residence (M category) and private dwellings which are exempt due to be being occupied by full time students (N category)? Can you provide a breakdown of each category (either M or N) for the St Clements, Iffley and St Mary’s Wards. Can you also give us a breakdown of these exemptions for these three wards for the year 2008.

                Response:

(3)       Question to the Leader (Councillor Bob Price) from Diana Hutcheson

On 4 April 2005, Oxford City Council adopted a policy in which it was recommended that there should be no overlap of membership between the Executive Board and the Strategic Development Control Committee (Planning Committee). For your ease of reference, I attach the link relating to this decision –

            http://www.oxford.gov.uk/Direct/26219item10.pdf

It was also decided that the Council’s Constitution confirms that there is a distinction of membership between the Executive Board and the SDCC.  The rationale behind this policy was that, in line with Government guidance, there should be a clear distinction between the Council’s Executive role (between landowner) and its regulatory role (between Local Planning Authority).  Such a distinction would necessitate ensuring that any members of the Executive Board and its working groups are not also members of the SDCC (Planning Committee).

Can the Council please confirm when the  ...  view the full minutes text for item 23.

The Head of Finance has submitted a report which sets out the Council’s treasury management activity and performance for 2011/12 and also sets out a proposed revision to the Treasury Management Strategy for 2012/13 – 2015/2016.

This report was submitted to the City Executive Board on 4^th July 2012 and an extract from the minutes of this meeting is also attached.

Council is asked to approve the changes to the Treasury Investment Strategy as detailed in section 49-51 of the report.

Council had before it the report of the Executive Director, Organisational Development and Corporate Services together with a minute extract of the meeting of the City Executive Board held on 4^th July 2012 (both documents previously circulated, now appended).

Council resolved:-

(1)       To agree changes to the Council’s Treasury Investment Strategy that had been approved by Council on February 2012 (minute 94 refers) as set out in Sections 49-51 of the Executive Directors Report;

(2)       To note the Treasury Management Annual Report for 2011/12 as set out in Sections 41-48 of the Executive Director’s Report;

(3)       To note that the City Executive Board had resolved to keep under review the effects of Right to Buy on the Housing Revenue Account Business Plan and had asked the Executive Director to report in the Autumn in the context of the medium term financial strategy review on the effects on the HRA Business Plan of Right to Buy take up.

The Head of Direct Services has submitted a report which seeks approval to add more electric vehicles to the Council’s existing fleet.

The report was submitted to the City Executive Board on 4^th July 2012 and an extract from the minutes is attached.

Council is asked to approve the inclusion of the additional budget in the Council’s capital programme, highlighted in paragraph 9 of the report, funded form the savings in running expenses over the life of the asset as part of the spend to save initiative.

Council had before it a report to the Head of Direct Services together with a minute extract of the meeting of the City Executive Board held on 4^th July 2012 (both documents previously circulated, now appended).

Council resolved:-

(1)       To include in the Council’s capital programme the additional budget highlighted in paragraph 9 of the Head of Direct Services’ report, funded from savings in running expenses over the life of the asset (as shown in Table 3 of the report) as part of the spend to save initiative;

(2)       To note that the City Executive Board had approved the use of more electrically driven vehicles in the Council’s vehicle fleet where viable and cost-effective.

City Executive Board decisions (Minutes)

(1)       Minutes of the meeting held on 23^rd April 2012.

(2)       Minutes of the meeting held on 4^th July 2012.

Single Executive Member decisions (Minutes)

(1)       Minutes of the Single Executive Member Decision meeting (Board Member – Corporate Governance and Strategic Partnerships) held on 29^th May 2012.

(2)       Minutes of the Single Executive Member Decision meeting (Board Member – Housing) held on 22^nd June 2012.

Council had before it minutes of Executive meetings as follows:-

(a)       City Executive Board – 23^rd April 2012

(b)       City Executive Board – 4^th July 2012

(c)        Single Member Decision – Corporate Governance and Strategic Partnerships – 29^th May 2012

(d)       Single Member Decision – Housing – 22^nd June 2012

Councillors spoke on the minutes relating to the Community Infrastructure Levy (minute 5, City Executive Board – 4^th July), Periodic Reporting - Finance-Year End 2011/12 (minute 6, City Executive Board – 4^th July) and the Oxford City Cycle Plan (minute 12, City Executive Board – 4^th July) and Board Members commented upon the points made.

Appointments Committee – 2 July 2012

The Committee RECOMMENDS Council to alter the designation of Chief Finance (Section 151) Officer from the Executive Director, Organisational Development and Corporate Services (Jacqueline Yates) to the Head of Finance (Nigel Kennedy)

Councillor adopted a recommendation of the Appointments Committee of 2^nd July 2012, namely to alter the designation of Chief Finance (Section 151) Officer from the Executive Director, Organisational Development and Corporate Services (Jacqueline Yates) to the Head of Finance (Nigel Kennedy), the designation to take place with immediate effect.

Questions on notice under Council Procedure Rule 11.10(b) may be asked of the Lord Mayor, a Member of the City Executive Board or the Chair of a Committee.

Questions on notice must, by the Constitution, be notified to the Head of Law and Governance by no later that 9.30am on Friday 13^th July 2012.

Full details of any questions for which the required notice has been given will be circulated to Members of Council before the meeting.

(a)       Questions notified in time for replies to be provided before the Council meeting

1.   Question to the Board Member, City Development (Councillor Colin Cook) from Councillor Sajjad Malik

Former Oxford Bus Garage development

When the former Oxford Bus Garage site on the Cowley Road received planning permission, residents were told that part of the site (on the left as you face the site) would be a one storey employment site, what has changed?

What efforts did the Council make to advertise the development site for employment purposes and where was it advertised?

If a mistake was made in the planning process who is responsible, the Planning Department or the Legal Department?

Response: The original outline application for this site dates back to twelve years ago in 2000.  Ever since then, the City Council has sought to achieve some form of employment use on the site. However, as the years have passed the nature and scale of such a use have changed.   The outline application 09/01201/OUT in 2009 was reported to the Cowley Area Committee on 4th November 2009 and the Strategic Development Control Committee on 25th November 2009 and is still extant.  The reserved matters application 11/01150/RES was called in to the East Area Planning Committee and was approved on the 6th July 2011.  It is my understanding that it is this permission which is currently being implemented, and business space will be provided and offered onto the market.   I can find no reference to the B1 business space ever being described as "single storey" in any of these applications.

At the time of the original application the agreed process was to work in partnership with East Oxford Action, a Single Regeneration Bid organisation in existence at the time, to create a vehicle to own the employment part of the site through a development trust and that this trust would select a partner to fund, build and operate a start-up business centre.  Therefore at the time there was no intention that the City Council would be involved in advertising the site for employment purposes. 

I understand that Councillor Malik received a reply in November last year to his complaint that there had been irregularities in the way this site has been handled. This reply concluded that no mistake was made and it is not possible to attribute blame to any particular officer or department. Those originally involved, none of whom is still employed by the Council, worked with the best intentions.  Present staff have sought to ensure that the Council can achieve the outcome desired when the original permission was granted.

In a supplementary question Councillor Malik asked if the Board Member had himself looked at the planning agreement between the Council and the developer. The Board Member said that he had not.

2.   Question to the Board Member, City Development (Councillor Colin Cook) from Councillor Elise Benjamin

Westgate Development

Could the Portfolio Holder give a clear indication of what is precisely happening with the proposed new Westgate development  ...  view the full minutes text for item 28.

Statements on Notice under Council Procedure Rule 11.10(b) may be made.  Statements do not need to be directed to a specific Councillor.

Statements on notice must, by the Constitution, be notified to the Head of Law and Governance by no later that 9.30am on Friday 13^th July 2012.

Full details of any statements for which the required notice has been given will be circulated to Members of Council before the meeting.

There were no member statements.

None to be debated.

There were no petitions for debate

Council Procedure Rule 11.14 refers.  The Motions (listed in the order received) that have been notified to the Head of Law and Governance by the deadline of 1.00pm on Wednesday 4^th July 2012 are attached to this agenda.

Council had before it ten Motions on Notice and reached decisions as follows:-

(1)       Council Estate Management – (Proposer – Councillor Stuart McCready, seconder Councillor Jean Fooks)

            ‘Up until the start of the 2011/12 financial year, twelve estate managers provided a landlord presence that reached all Council housing in Oxford.  The estate manager visited frequently and kept a constant pro-active eye out for problems and knew which department had the solutions.  Tenants knew who their estate manager was and could depend on getting a reply when they asked their estate manager to visit, see what a given problem was, and provide advice, help and advocacy in identifying and dealing with the City departments that had the solutions.

            For the past year we have had only five estate managers for the whole City, and the emphasis has been on tenants identifying and contacting for themselves the specialist team most likely to help with a given problem - and then they cannot be sure of dealing with the same person twice in a row. This has meant that tenants are faced with a more fragmented, and consequently less effective, landlord service. There is a sense on some estates that cases that were progressing when an estate manager was on the case have stalled and even very simple matters sometimes seem a bewildering challenge to get seen to.

            The Council therefore asks the Executive to investigate restructuring the landlord function to ensure that every tenant has a single familiar officer to whom they can reliably turn for a home visit and advice when they need help or service from the Housing Department.’

            Following a debate Council voted on the adoption of the Motion but this was not carried, 16 Members voting in favour of Motion and 24 Members voting against it.

            Following the vote the Chief Executive said that in the light of the points made in the debate he would arrange for estate mangers to receive further training on their wider role in the community.

(2)       Failure of the Green New Deal – (Proposer – Councillor David Williams, seconder Councillor Craig Simmons)

‘This Council is concerned that the Government flagship  policy, the so called ‘Green Deal’  to be launched in Oxford and other Cities in the Autumn, is already set to herald (by the Government’s own figures) a massive decline in roof insulation and  cavity wall insulations year on year.

By listening to the energy companies demands to remove some of their obligations, plus narrowing considerably the social criteria for subsidized insulation and most important setting the public loans at a commercial rate, as illustrated by the Secretary of State in his statement on the 11^th of June, the impact of the Green New Deal will be totally counter productive. His own revised figures indicate a drop of roof insulation from 900,000 per year (2012) to 150,000 (2013) (-83%) plus a fall in the number of cavity wall insulations from 700,000 (2012) to 400,000 (-67%). This will mean  ...  view the full minutes text for item 31.

No reports were made or questions asked under this item.

The Monitoring Officer will report orally on the outcome of the recruitment exercise for an Independent Person for standards/ Member Code of Conduct purposes as required by the Localism Act 2011.

Council resolved to appoint the following persons, each for a five year term, as the Council’s Independent Persons for Standards/Members Code of Conduct purposes under the Localism Act 2011:-

Chris Ballinger

Godfrey Cole

Jill McLeery

Ben Simpson

The Head of Human Resources and Facilities has submitted a report which presents for approval and adoption a revised Attendance Management Policy and Procedure.

Council is asked:-

(1)       To approve with immediate effect the Attendance Management Policy and Procedure agreed with the trade unions as detailed at appendix A to the report;

(2)       To authorise the Head of Human Resources and Facilities to implement the policy and procedure within an appropriate time frame, make changes as required to put right any clerical mistakes or to reflect changes in the law and agree any changes to absence score intervention levels in consultation with trade unions.                 

The Head of Human Resources and Facilities submitted a report (previously circulated, now appended).

Council resolved:-

(1)       To approve with immediate effect the Attendance Management Policy and Procedure agreed with the Trade Unions as attached to the report of the Head of Human Resources and Facilities;

(2)       To authorise the Head of Human Resources and Facilities to implement the policy and procedure within an appropriate timeframe, make changes as required to put right any clerical mistakes or to reflect changes in the law and agree any changes to absence score intervention levels in consultation with Trade Unions.

The Head of Law and Governance has submitted a report which asks Council to approve the final recommendation for the community governance review into the number of councillors on Blackbird Leys Parish Council.

Council is recommended to agree that the number of Councillors on Blackbird Leys Parish Council be reduced from 16 to 14 (7 in Blackbird Leys Parish Ward and 7 in Northfield Brook Parish Ward).

The Head of Law and Governance submitted a report (previous circulated, now appended).

Council resolved to authorise the Head of Law and Governance to make an Order under the Local Government and Public Involvement in Health Act 2007 to reduce the number of Parish Councillors on Blackbird Leys Parish Council from 16 to 14 (7 Councillors in each of the 2 Parish wards) and to note that the change would take effect on 1^st August 2012.

The meeting started at 5pm. It ended at 9.16pm. It broke for refreshment between 6.54pm and 7.38pm.