Minutes of the ordinary meeting held on 20 February 2012.

Council resolved to approve the minutes of the ordinary meeting held on 20^th February 2012.

Councillors declared interests as follows:

(a)       Councillor Beverley Hazell declared a personal interest in agenda item 13 (Allocation of preventing homeless grant and Oxford City grant for Homeless Services) as she was an Oxford City Council appointed representative on Oxford Homeless Pathways. (Minute 121 refers).

(b)       Councillor Gill Sanders declared a personal interest in agenda item 13 (Allocation of preventing homeless grant and Oxford City grant for Homeless Services) as she was a City Council appointed Member on the Management Committee of the Gatehouse. (Minute 121 refers).

(c)        Councillor Val Smith declared a personal interest in agenda item 13 (Allocation of preventing homeless grant and Oxford City grant for Homeless Services) as she was an Oxford City Council appointed observer for O’Hanlon House and ‘Steppin Stones’. (Minute 121 refers).

(d)       Councillor Nuala Young declared a personal interest in agenda item 15 (Corporate Plan 2012-2016 – Targets) as she derived a small income from the Tourist trade via the Tourist Information Centre. (Minute 123 refers).

Apologies were received form Councillors Rae Humberstone and Gwynneth Royce.

None to be made.

None.

The Lord Mayor made the following announcements:

(a)       The Lord Mayor informed Council of the recent death of Peter Nixson who was the former City Secretary and Solicitor to the Council from 1974 until his retirement in 1983.

            Council stood for a minutes silence as a mark of respect.

(b)       The Lord Mayor informed Council that Fred Ingram, a former Lord Mayor of the Oxford had recently celebrated his 100^th birthday and on behalf of Council would pass on the Council’s congratulations and best wishes.

(c)        The Lord Mayor informed Council that the Standards regime that had existed in Local Government since 2000 would come to an end shortly, and wished on behalf of Council to thank all of the Parish and independent Standards Committee Members for their hours of selfless and enthusiastic service to standards and conduct matters on the Council.

(d)               The Lord Mayor invited all of the Councillors who were not seeking re-election in the forthcoming May local elections to stand and for Council to thank them for their services and general good humour over the years at this and other meetings of the Council.

Beverley Hazell

Clark Brundin

Bryan Keen

Bob Timbs

Stuart Craft

Nuala Young

Matt Morton

Nathan Pyle

Stephen Brown

The Sheriff wished to thank Council Officers who had contacted Network Rail which had started to clear land next to Port Meadow, but had cleared more than they should have and had not informed the right people that they intended to carryout this work.  Network Rail subsequently halted their work.

The Leader of the Council (Councillor Bob Price) made the following announcements:

(a)       The Employers Association for Local Government had refused to make an offer as part of a National Pay Claim.  He said that he had written to the Unions expressing his dislike of this action.

(b)       The City Council had always supported the Sustainable Communities Act, but the Government was delaying the second phase.  He had written to the Secretary of State requesting that the regulations were placed in Statute as soon as possible.

None made.

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 19^th April 2012) and the full wording of the address has been given to the Head of Law and Governance.

Council received and took six addresses to Council (text of the addresses are appended to these minutes, along with an Officer response the address from Nigel Gibson concerning “Disability and Leisure in Oxford”).

(1)       William Clark – Democracy in Oxford.

(2)       Edward Chipperfield – Sale of St. Clement’s Car Park.

(3)       Nigel Gibson (1) – Disability and Leisure in Oxford.

(4)       Nigel Gibson (2) – Swimming Pools in Oxfordshire.

(5)       Georgina Gibbs – Loss of green spaces, overdevelopment, flooding   and increased traffic in Northway.

(6)       Louise Kulbicki – Ecocide.

To hear questions from the public in accordance with Council Procedure Rule 11.9 to the Leader or other Board Members of the City Executive Board for which the required notice (1.00pm on Thursday 19^th April 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.

Two questions were submitted by members of the public as follows:

(1)       Question to the Board Member, City Development (Councillor Colin Cook) from Sietska Boeles

            Student numbers living in private properties

            There is a widespread view that student numbers living in private properties have been misrepresented by the two universities, and there are concerns that the city council don’t adequately monitor local plan policies related to student housing.  Following requests by residents groups in East Oxford and Headington the Council agreed to investigate these matters last September.  In March local Councillors and residents were informed by the Council that their report would be published in early April. I understand that the report is finished but that the Council won’t release it until the end of April at the earliest.  Is it right that the City Council should suppress this report until after the local elections? Why cannot it be released immediately?

            Response: We have consulted both universities on a first draft report although we have had feedback from Oxford Brookes University. We are awaiting comments on a second draft.  Oxford University has been given until Tuesday 24th April to respond.  The report will be published as soon as possible after that.

(2)       Question to the Board Member, City Development (Councillor Colin Cook) from Georgina Gibbs

            12 Saxon Way

            I understand that one of the  councillors  from the Headington Hill and  North Way Ward has ,in his  capacity as chair of Northway Residents Association,  signed a legal  agreement which transfers ownership of the Northway Community Centre to private developers. Can you give me the full written  details and the date of  this agreement.

            Can you clarify the following please:

(1)       Is the City Council is assisting the councillor with legal advice on this matter;

(2)       If so can you give me the full written details of the advice and let me know if this advice was given by the in house legal team and/ or was legal advice sought from outside;

            (3)       Will further legal advice be sought?

            Response: The Council has not given legal advice to te trustees of the community centre.  We are not in a position to advise them – not least because one of the documents is a tripartite agreement between them, the Council and Greenspace.

            We understand that the Community Association has had independent advice from a Solicitor engaged directly.  In addition, they have had the benefit of independent advice from Community Matters, the national body that offers support to community association nationwide, and general support from the Communities and Neighbourhoods Team at the City Council.

            I pay tribute to Councillor Roy Darke’s sterling efforts to improve the facilities available to the people on the Northway estate.

            Councillor Roy Darke also spoke and said that he had been elected as Chair of the Community Association in March 2011.  The Association had taken independent legal advice and following this a 25 year lease was put in place with a peppercorn rent.  With regard to him  ...  view the full minutes text for item 118.

Report of the Head of People and Equalities and an extract from the minutes of the City Executive Board held on 8^th February 2012.

Council had before it a report of the Head of People and Equalities and an extract from the minutes of the City Executive Board held on 8^th February 2012. (previously circulated, now appended).

Councillor Bob Price (Leader of the Council) moved and spoke to the City Executive Board’s recommendations.

Council resolved:

(a)       To approve the following policies, agreed with Trade Unions, with immediate effect:

            Maternity Policy

            Adoption Policy

            Paternity Policy

            Parental Leave Procedures

            Flexible Working Policy

(b)       To remove the Fixed Term Contract Policy and Procedure and Job Share Policy due to their contents now being included in other policies;

(c)        To authorise the Head of People and Equalities to implement the approved policies and procedures and make changes to the polices and procedures if required to correct any clerical mistakes or to reflect changes in the law.

Report of the Head of Housing and Communities and an extract from the minutes of the City Executive Board held on 4^th April 2012.

Council had before it a report of the Head of Housing and Communities and an extract from the minutes of the City Executive Board held on 4^th April 2012.  (previously circulated, now appended).

Councillor Joe McManners (Board Member, Housing Needs) moved and spoke to the City Executive Board’s recommendation.

Council resolved:

(a)       To adopt into the Council’s Policy Framework the Housing Strategy for 2012-2015;

(b)       To approve the Housing Strategy Action Place for 2012-2015.

Report of the Head of Housing and Communities and an extract from the minutes of the City Executive Board held on 4^th April 2012.

Council had before it a report of the Head of Housing and Communities and an extract from the minutes of the City Executive Board held on 4^th April 2012.

Councillor Beverley Hazell declared a personal interest as she was an Oxford City Council appointed representative on Oxford Homeless Pathways.

Councillor Gill Sanders declared a personal interest as she was a City Council appointed Member on the Management Committee of the Gatehouse.

Councillor Val Smith declared a personal interest as she was an Oxford City Council appointed observer for O’Hanlon House and Stepping Stones.

Councillor Joe McManners (Board Member, Housing Needs) moved and spoke to the City Executive Board’s recommendations.

Council resolved:

(1)       To approve the allocation of the homeless prevention grant for 2012/13 as follows:

(a)       Street Services and Reconnection Team (Broadway Homelessness and Support) - £235,000

(b)       Reconnection and Referral Co-ordinator (Under 25s) (in the process of assigning it to a provider) - £37,245

(c)        Reconnection Rent (O’Hanlon House) - £512

(d)       Six subsidised Beds for Under 25s (Simon House) - £4,243

(e)       Six subsidised Beds for Under 25s (Lucy Faithful House) - £4,179

(f)         Mental Health Practitioner at Luther Street – £25,000

(g)       Two Education, Training and Employment Workers (Aspire) - £60,519

(h)        One specialist Alcohol Worker (O’Hanlon House) - £8,555

(i)         One Multiple Needs Hostel worker (Elmore Community Services) - £40,757

(j)         Service Broker – Big Issue Foundation - £25,000

(k)        Homelessness Liaison Police Officer (for two years with an operating budget of £5,000 for each year) - £90,000

(l)         Elmore Team ASB Services - £8,690

(m)      Additional Home Choice Gold Top-up - £20,000

(n)        Continuation of Enhanced Options - £50,000

(o) Fraud Investigation - £80,000

(p) Supplementing Discretionary Housing Payments - £100,000

(2)       To approve the allocation of Oxford City Council’s Homelessness Grant budget for 2011-12 as follows:

(a)       O’Hanlon House Day Centre – homeless hostel for 25+, jointly commissioned with Supporting People - £133,432

(b)       One Foot Forward – homeless hostel for 16-25 year olds, jointly commissioned with Supporting People - £42,992

(c)        Elmore Community Services – Complex Needs Floating Support Service for clients in Oxford City Council temporary and permanent stock - £40,757

(d)       Elmore Community Services, Anti Social Behaviour Service – £11,310

(e)       The Gatehouse – café for the homeless - £9,502

(f)         ‘Steppin’ Stone – day centre providing emergency provision and meaningful activity - £55,000

(g)       Simon House Hostel – provision of respite beds at an abstinence based hostel - £11,596

(h)        Emmaus Oxford Furniture Store – recycling store attached to the Emmaus Community £25,000           

(i)         Aspire Oxfordshire – social enterprise providing work opportunities for homeless and ex-homeless people - £112,690

(3)       To delegate authority to the Head of Housing and Communities to allocate the £252,300 unallocated balance of the Communities and Local Government grant money and to make changes if necessary to the allocations of the City Council’s homelessness grants budget.

Report of the Head of Housing and Communities and an extract from the minutes of the City Executive Board held on 4^th April 2012.

Council had before it a report of the Head of Housing and Communities and an extract from the minutes of the City Executive Board held on 4^th April 2012.

Councillor Joe McManners (Board Member, Housing Needs) moved and spoke to the City Executive Board’s recommendations.

Council resolved:

(a)       To approve the Housing Lettings Plan for 2012/13;

(b)       To note performance against the Housing Lettings Plan for 2011/12;

(c)        To approve that the Strategic Director, City Regeneration and the Head of Housing and Communities, brief Oxford’s Members of Parliament on the effect of he Government Housing Policies on housing need in Oxford and to advise those local organisations offering housing advice.

The following papers are attached for this item:-

(1)       Report of the Head of Business Improvement and the Head of Policy, Performance and Communications

(2)       Clean copy of Appendix 1 to the report that contains the targets being             recommended to Council

(3)       Report of the Finance and Performance Scrutiny Panel

(4)       Minute extract of the City Executive Board of 4th April 2012

The Corporate Plan itself was adopted by Council on 20th February 2012.  The Plan will be adjusted in line with the targets if Council agrees the targets today.

Council had before it a report of the Head of Business Improvement, an extract from the minutes of the City Executive Board held on 4^th April 2012 and a report from the Finance and Performance Scrutiny Panel.  (Previously circulated, now appended).

Councillor Nuala Young declared a personal interest as she derived a small income from the Tourist trade via the Tourist Information Centre.

Councillor Bob Price (Leader of the Council) moved and spoke to the City Executive Board’s recommendations.

Councillor Stephen Brown as Chair of the Value and Performance Scrutiny Committee, spoke introduced and spoke to the report of the Finance and Performance Panel.

Council resolved to approve the proposed Corporate Plan Targets for 2012-2016.  

City Executive Board decisions (Minutes)

(1)       Minutes of the meeting held on 4^th April 2012-03

Single Executive Member decisions (Minutes)

(1)       Minutes of the Single Executive Member Decision meeting (Board Member – Housing Needs) held on 15^th February 2012.

(2)       Minutes of the Single Executive Member Decision meeting (Board Member – Cleaner Greener Oxford) held on 16^th February 2012.

(3)       Minutes of the Single Executive Member Decision meeting (Board Member – Finance and Efficiency) held on 20^th February 2012.

(4)       Minutes of the Single Executive Member Decision meeting (Board Member – Housing Needs) held on 27^th February 2012.

(5)       Minutes of the Single Executive Member Decision meeting (Board Member – Finance and Efficiency) held on 2^nd March 2012.

(6)       Minutes of the Single Executive Member Decision meeting (Board Member – Finance and Efficiency) held on 29^th March 2012.

Council had before it minutes of the City Executive Board and Single Executive Member meetings held since the last meeting of Full Council.

City Executive Board decisions – 4^th April 2012 (minutes)

(a)       Minute 94 – Scrutiny Report Recommendations.  Councillor Jones welcomed that all of the recommendations from the Scrutiny Select Committee on Public Health had been endorsed by the City Executive Board and appreciated the involvement of Councillors Van Coulter and Val Smith in the preparation of these recommendations.

(b)       Minute 103 – The Green Deal – Delivery.  Councillor Jean Fooks welcomed this and hoped that the City Council would develop coherent advice to give to people and endorsed the approach that the City Council was taking on this issue.

Single Executive Member Decisions (Minutes)

(1)       Minutes of the Single Executive Member Decision meeting (Board Member – Housing Needs) held on 15^th February 2012.

(2)       Minutes of the Single Executive Member Decision meeting (Board Member – Cleaner Greener Oxford) held on 16^th February 2012.

(3)       Minutes of the Single Executive Member Decision meeting (Board Member – Finance and Efficiency) held on 20^th February 2012.

(4)       Minutes of the Single Executive Member Decision meeting (Board Member – Housing Needs) held on 27^th February 2012.

(5)       Minutes of the Single Executive Member Decision meeting (Board Member – Finance and Efficiency) held on 2^nd March 2012.

(6)       Minutes of the Single Executive Member Decision meeting (Board Member – Finance and Efficiency) held on 29^th March 2012.

No reports submitted.

No reports submitted.

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 20^th April 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

1.         Question to the Board Member, Cleaner Green Oxford (Councillor John Tanner) from Councillor David Williams

                        Commercialisation of Services

Now that the Council has introduced charges for Pest Control and Garden Waste collection would the Portfolio Holdergive an indication what other Council services he intends to ‘commercialise’.

Could he confirm that in other Councils where this payment route to service delivery has been followed it has led to the Council withdrawing from provision of the service or its privatisation.

Would he acknowledge publicly that charging for these services has effectively depressed demand for actions that are generally for the common good.

Would he agree with me that if Mrs. Margaret Thatcher were the Rubbish Tsar in Oxford she would no doubt follow his policy directive. Could he explain how his free market actions seem rather counter to his socialist rhetoric.

Answer: The Garden Waste Collection Service has been a huge success with over 13,000 customers.  The Council has continued to provide the servie to those on Housing Benefit and Council Tax Benefit free of charge.  It is a type of household waste for which a charge can be made.  In Direct Services we already provide services from Building Maintenance, Engineering, commercial waste/recycling and provide MOT services.  These areas we hope to expand in the coming years and it is not the Council’s intention to outsource these services.

It has been demonstrated that the quality of services are high and that demand has increased.  This is an encouraging start to a strategy which will help maintain jobs and raise the Council’s profile of providing quality services.

Our strategy is to keep our Council Tax low to benefit all those who live and work in the City and to ensure that there are no compulsory redundancies, which so me are sound socialist policies that are delivering these objectives.

On response to a supplementary question from Councillor Williams, Councillor Tanner said that there was no evidence that the charge was suppressing demand, but he agreed with Councillor Williams that it was not a service that should be charged for and encouraged him to join him in getting rid of the Coalition Government.

2.         Question to the Board Member, Cleaner Greener Oxford (Councillor John Tanner) and the Board Member for Housing Needs (Councillor Joe McManners) from Councillor Jean Fooks

                        Water butts

As Oxford is now subject to a hosepipe ban, would the City Council consider providing water butts on request for Council properties, to help tenants water their gardens? Should water butts not be recommended too for all new housing, to reduce tapwater usage generally?”

Answer: We do stipulate some water conservation measures in new build, and I agree that for our own new build it should be part of the plans as far as possible.

For tenants who request water butts, we will look if there is room in the HRA to fund them (which would also require fitting)

In response to  ...  view the full minutes text for item 126.

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 20^th April 2012.

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

Councillor Jean Fooks made the following statement to Council.

Adoption of road in Cutteslowe

Many years ago the then Chiltern Hundreds Housing Association bought the site of the demolished Cutteslowe Court old people’s home in Cutteslowe and acquired four bungalows and some disused Council garages accessed along Wyatt Road to enlarge the land available for development. After some time planning approval was given for 33 units of social housing, all for rent, namely three and four-bedroom houses and good-sized two bedroom flats. These were built and occupied in 2008, with very many young children in both the houses and the flats. Almost immediately the residents expressed concerns about the speed of traffic coming along Wyatt Road round a blind corner onto the estate – where the children played on the paved road due to lack of an allocated play space. Vehicles parked on this narrow access road and this created a further hazard due to poor visibility. As local councillors Councillor McCready and I asked for traffic calming measures and some yellow lines to prevent obstructive and dangerous parking.

It eventually transpired that the section of road between Jackson Road and the houses on the estate still belonged to the city council. The County Council are willing to adopt this road, so that traffic calming and yellow lines can be considered, but require the road to be brought up to adoptable standard first. This is estimated to cost about £15,000, to redo the pavement and resurface the road. Paradigm Housing Association, the current owners of the estate, have brought their roads up to adoptable standard but the County Council cannot adopt them until the link road to Jackson Road is adopted too. The City Council is not willing to fund the necessary work, despite this being necessary to finish the job of providing social housing for our citizens.

We understand that this may be an unusual situation but the City Council’s failure to accept any responsibility for this short piece of road, despite being the owners, is putting tenants, and especially their children, at risk. I ask that this work be considered a priority just as soon as funds are available in the new financial year.

Following the Statement by Councillor Fooks, Councillor Turner said that this was a suggestion that the Council should spend money and should be considered during the next round, but added if the possibility arose sooner then it should not have to wait.

None to be debated.

None were submitted 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 11^th April 2012 are attached to this agenda.

Council had before it nine Motions on Notice and reached decisions as follows.

(1)       Democratic Structures for Oxford City Council – (Proposer – Councillor Nuala Young, seconded by Councillor David Williams)

Oxford City Council recognises that the recent changes to decision making have been undemocratic and would seek (as   made possible under the Localism Act) to return to a more open and fair system of local government that encourages participation and engagement by the Community.

The Council will.

(1)       No longer invest powers in a single ‘Strong Leader’. Such powers will be devolved amongst service committees focused on specific Council functions.

(2)       Return to decision making focused on all party representative committees reflecting the political balance on the Council with committees reflecting service delivery with a central policy committee to set strategic objectives.

(3)       Restore the Area Committees with their officer support, devolved budget and planning powers along with other additional devolved powers.

(4)       The Council will return to a six week cycle with 8 meetings a year one of which will be a distinct budget setting Council.

(5)       Restore the duty on planning officers to inform those residents adjacent to and near to a proposed planning allocation.

A report on the Constitutional Changes required to implement these changes, to be brought to the present City Executive Board for implementation in the autumn period.

Councillor Stephen Brown move an amendment as follows:

To delete paragraph 3 and replace with the following words:

Will devolve power to democratically accountable Community Assemblies, and give them control over local spending such that residents and community groups in every part of Oxford can achieve real improvements in their own area. Using provisions in the Localism Act, local control will be established over key planning decisions, grants to community bodies, street cleaning, community centre management, highway maintenance and management of parks. These Community Assemblies will be responsive to local needs and priorities, and will encourage areas to develop their own Neighbourhood Plans.

The mover of the substantive Motion, Councillor Nuala Young, accepted the amendment by Councillor Stephen Brown.  Following a debate, Council voted:

(a)       To not adopt the amendment by Councillor Stephen Brown;

(b)       To not adopt the substantive Motion by Councillor Nuala Young.

(2)       Temple Cowley Pools – (Proposer – Councillor David Williams, seconded by Councillor Nuala Young)

Given the escalating cost of the project to build a new swimming Pool at Blackbird Leys, the growing public opposition to the proposal and the pending legal actions against the scheme, this      Council will abandon the proposed development and will commence the refurbishment of Temple Cowley Pools and the existing Blackbird Leys pool.

The estimated cost of refurbishment and contract withdrawal being taken from the capital allocation set aside for the building of the proposed new pool at Blackbird Leys.

            Following a debate, Council voted and the Motion was not to adopted.

(3)       Ecocide – (Proposer – Councillor Matt Morton, seconded by Councillor Nuala Young)

The International Criminal Court was formed in 2002  ...  view the full minutes text for item 129.

None raised.

The Head of Law and Governance has submitted a report which proposes an amendment to the Constitution that would have the effect of granting the Chief Executive authority to implement organisational changes at senior levels of the Council.

Council is asked to adopt the constitutional provisions proposed at Paragraph 4 of this report with immediate effect and that the Monitoring Officer be authorised to amend the Constitution accordingly.

The Head of Law and Governance had submitted a report (previously circulated, now appended) which proposed an amendment to the Council’s Constitution that would have the effect of granting the Chief Executive authority to implement organisational changes at senior levels of the Council.

Council resolved to adopt with immediate effect the proposed amendment to the Council’s Constitution and to authorise the Monitoring Officer to amend the Constitution accordingly.

The Head of Law and Governance has submitted a report which reports the Council’s application of its powers under the Regulation of Investigatory Powers Act 2000 between 1^st April 2011 and 31^st March 2012.

Council is asked to note the use of its powers under the Regulation of Investigatory Powers Act 2000 (RIPA) during the period 1^st April 2011 to 31^st March 2012.

The Head of Law and Governance has submitted a report which reports the Council’s application of its powers under the Regulation of Investigatory Powers Act 2000.

Council is asked to note the use of its powers under the Regulation of Investigatory Powers Act 2000 (RIPA) during the period 1^st April 2011 to 31^st March 2012.