Apologies for absence were received from Councillors Jones, Malik, Paule, Rundle and Wilkinson.

Members are asked to declare any disclosable pecuniary interests they may have in any of the following agenda items.  Guidance on this is set out at the end of these agenda pages.

There were no declarations of interest from Councillors present at the meeting.

Minutes of:

(a)       The ordinary meeting of Council held on 22^nd April 2013

(b)       The Annual meeting of Council held on 20^th May 2013.

(1)                           The Minutes of the Ordinary meeting of Council held on 22^nd April   2013 were agreed as a correct record and signed by the Lord        Mayor.

(2)                           The Minutes of the Annual meeting of Council held on 20^th May       2013 were agreed as a correct record and signed by the Lord        Mayor.

There were no appointments to committees.

(a)       Lord Mayor

(b)       Sheriff

(c)        Leader of the Council

(d)       Chief Executive, Chief Finance Officer, Monitoring Officer

(1)               Lord Mayor

                  The Lord Mayor made four announcements as follows:-

(a)               A request to film the proceedings of Council had been received from a member of the public.  Councillors discussed the request.  Views ranged from noting that the meeting was filmed already and the outcome was placed on the Council’s website, through concern that private filming could result in extracts of that exercise being edited and used out of context to the view that council meetings should generally be fully opened to public scrutiny.

            The Lord Mayor noted that the request to film has only that day been received and the matter had not been discussed by the political groups.

            Councillors then voted upon the request to film but this was not approved, 7 members voting in favour and 30 members voting against.

(b)               Mathew Metcalfe (Democratic and Electoral Services Officer

             and Clerk to Council) had undergone medical tests and was currently             receiving treatment as a result.  Council asked that its best wishes be        sent to him for a full recovery.

(c)               The Lord Mayor had attended a number of mayoral engagements since being elected Lord Mayor.  The Lord Mayor’s Parade had gone well.  She had already met many visitors from various parts of the world.

(d)               On behalf of Council the Lord Mayor expressed congratulations to Councillor Turner and his partner on the recent birth of their son, Freddie.

(2)               Sheriff

            The Sheriff reported upon the Sheriff’s annual Inspection of Port Meadow and Aunt Sally match between the Lord Mayor’s team and the Freemen and Commoners that had taken place on Friday, 21^st June.  The inspection had included a visit to the Trap Grounds allotments and to Burgess Field Nature Reserve.  The Sheriff had also observed the University Graduate accommodation newly built in Roger Dudman Way.  As to the Aunt Sally match, the Lord Mayor’s team had not been successful this year. 

(3)               Leader

            The Leader made four announcements as follows:-

(a)               To congratulate the Customer Services Contact Team in being accredited recently with the Customer Service Excellence Standard.  The Team had met all 57 inspection criteria.  90% of the calls to the Contact Centre were resolved at first call.  In excess of 250,000 calls were dealt with in a year. 

(b)               The Legal Services Team and the Corporate Property Team had been short listed for the Municipal Journal Legal Team of the Year and Public/Private Initiative of the Year respectively.  Whilst neither Team had gained the final award, it was to their credit that they had been included on the national short list.

(c)               The Member / Officer Protocol update referred to in resolution (d) of Minute 154 (Governance Review) in the Minutes of Council of 22^nd April would be the subject of an item for a Cross-Party Working Group meeting agenda in the near future. 

(d)               The Leader congratulated the City Councillors who had been elected to the County Council at the May 2013 County Council elections.

Public addresses and questions received in accordance with Council Procedure Rule 11.10 and 11.11. The full text of any address or question must be received by the Head of Law and Governance by 5.00pm on Tuesday 18^th June 2013.

Full details of the addresses and questions submitted by the deadline will be provided separately prior to the meeting.

Mr Jack Bloomer addressed Council on the matter of a financial transactions tax.  The full text of the address forms Appendix I of the signed minutes of this Council meeting.

In accordance with Procedure Rule 11.10(g) the address was considered with the Motion on the same matter (Minute 22 refers).

No recommendations have been submitted for consideration.

Council had before it the following:-

(a)   Report (previously circulated now appended) of the Head of Finance and the Head of Improvement and Technology concerning the Fourth Quarter financial and none-financial performance monitoring that had been considered by the City Executive Board on 12^th June.

(b)   The related minute of the City Executive Board of 12^th June 2013 circulated at minute 19 of this Council meeting.

Councillor Simmons seconded by Councillor Fooks moved opposition to the recommendation.  Following a debate, Council voted on the proposition to oppose the recommendation, but this was not carried, 14 Members voting in favour and 26 Members voting against.  The recommendation of the City Executive Board was then greed by general assent.

Constitutional Amendments - Report of the Head of Law and Governance attached.

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

Council agreed that the proposed changes to the Council’s Constitution in respect of the Whistleblowing Policy and the Council’s scheme of delegation in relation to permitted development rights be approved with immediate effect.

 (a)      Minutes of the City Executive Board held on 22^nd April 2013;

(b)       Minutes of the City Executive Board held on 7^th May 2013;

(c)        Minutes of the City Executive Board held on 12^th June 2013

Council had before it the Minutes (previously circulated, now appended) of the City Executive Board meetings held on 22^nd April 2013, 7^th May 2013 and 12^th June 2013.

Questions were asked and responded to on the Minutes as follows:-

(a)                                       Councillor Simmons, noting that the 22^nd April meeting had             taken place on the same day as the last Ordinary Council      Meeting, asked in relation to that meeting, when the                   benchmark data concerning the Covered Market referred to            in the answer to question 12 in Minute 158 (Questions on      Notice from Members of Council) would be available.

In reply Councillor Cook said that the information was commercially           sensitive but that in any case he did not believe such data from other   places was meaningful.  What was meaningful however was            comparable evidence in relation to retail properties in Oxford.

(b)                                       Councillor Simmons, noting that the 22^nd April meeting had taken place on the same day as the last Ordinary Council meeting asked, in relation to that meeting, when the air quality data referred to in the answer to question 21 in Minute 158 (Questions on Notice from Members of Council) would be available.

In reply Councillor Tanner said that he was still awaiting the data himself but would be meeting officers shortly on the matter.

(c)                                       Councillor Fooks on Minute 6 of the minutes of the Board meeting on 12^th June 2013 (End of Year Integrated Performance Report 2012-2013) asked about the level of contingencies, on transport for people with disabilities and on Westgate.

      In reply Councillor Turner said that Service Heads were encouraged to be bold in their savings initiatives.  The savings contingency was a safeguard against those bold savings not fully being realised.  On transport for people with disabilities he had sought a meeting with the County Council on the matter.  He was optimistic that better arrangements would be achieved by the end of the financial year.  On Westgate, he said it was too soon to be able to apportion the contingency.

(d)                                       Councillor Hollick on Minute 11 of the minutes of the Board meeting of 12^th June 2013 (Outside Bodies – Appointment of Representatives 2013/2014) asked which members had been appointed to which bodies.  Councillor Fooks expressed concern that the appointments had been made on party political lines.  Councillor Benjamin asked why the City Executive Board had decided that the Council should no longer be involved in the bodies referred to in resolution (4).

                        In reply, the Leader said that Councillor Hollick would be sent the list of appointments.  On the bodies to which the City Executive Board had decided no longer to appoint, the relevant Board members said that for the two of the bodies the appointee had not been invited to attend meetings.  The reasons why the Council was no longer to be involved were included in the report to the City Executive Board. 

Questions on notice under Council Procedure Rule 11.9(b) may be asked of Lord Mayor, a Member of the City Executive Board or the Chair of Committee.

Questions on notice must, by the Constitution be notified to the Head of Law and Governance by no later than 1.00pm on Monday 17^th June 2013.

Full details of any questions and responses will be circulated prior to the meeting.

17 questions on notice were submitted to Council.  Those questions, the replies to them and any supplementary questions and answers to them are set out below:-

1          Question to Board Member for Youth and Communities (Councillor Bev Clack) from Councillor David Williams

Donnington Recreation Ground

Would the Board Member care to elaborate what plans she has for the development of Donnington Recreation Ground and the supposed rebuilding of the Community Association building in a new grandiose format.
 
Could she give details of the planned leasing arrangements with the Community Association for the management of this grand pavilion and indicate how much will be spent and where the money is coming from?
 
Could the Board Member also explain why the plans for this new venture have only been discussed in private with former Labour Councillor Bill Baker and the Chair of the present Community Association and why the local Councillors for the area (myself and Councillor Elise Benjamin) have been excluded from these discussions?
 
Further to the point could the Board Member give a precise timescale for the implementation of this project with a clear commitment that a period of local consultation will be included in the proposal?

Reply

The Committee of the Donnington Community Association has been pressing for some time for improvements to the site and to their building, and discussions had taken place over the past year with the Chair and the Secretary about the scope for partially funding an improved centre from additional housing. No plan has yet emerged from those discussions, and there would be a strategic review this coming year of our community centres that would include Donnington. The Chair and Secretary at Donnington were also the main officers of the Federation and I have had discussions with them about this review since taking on this portfolio.

In a supplementary question, Councillor Williams asked that local members be involved in the development.  He asked where the money was coming from for the development and when the plans would be available for public inspection.

In reply Councillor Clack referred to her reply to the initial question in which she said that a strategic review of community centres would be taking place. 

2          Question to Board Member for City Development (Councillor Cook) from Councillor Elise Benjamin

Covered Market rent rises.

Will the Portfolio Holder please provide an update on negotiations with the Covered Market traders, who are fighting the Council’s attempt to increase rents by up to 70%?

Reply

Five reviews are currently going to arbitration. The outcome of the arbitration is expected in July. At the request of the Covered Market Tenants’ Association (CMTA), the Council had agreed to a separate consolidated arbitration in respect of the CMTA reviews with the same arbitrator.  The respective agents are in contact regarding the consolidated arbitration to agree the process going forward.

3          Question to Board Member for City Development (Councillor Cook) from Councillor Elise Benjamin

Covered Market Charter

Will the Portfolio Holder please reassure  ...  view the full minutes text for item 20.

At this point Council agreed under Procedure Rule 11.6 to change the order of business in order to deal with the Motion on Notice on a Financial Transactions Tax.

Councillor Price seconded by Councillor Fry moved the following Motion:-

“This Council declares its support for the introduction of a Financial Transactions Tax across the European Union and G12 economies as an important contribution by the banking and finance sector for the funding of public investment in education, housing, infrastructure and social security”.

Following a debate, Council resolved under procedure Rule 11.19(d) to have a named vote.  The result of the named vote was as follows:-

For the Motion: the Lord Mayor (Councillor Sinclair) the Deputy Lord Mayor, (Councillor Brett), the Sheriff (Councillor Abbasi), Councillors Altaf-Khan, Baxter, Benjamin, Brown, Canning, Clack, Clarkson, Cook, Coulter, Curran, Darke, Fry, Haines, Hollick, Humberstone, Kennedy, Khan, Lloyd-Shogbesan, Lygo, O’Hara, Pressel, Price, Rowley, Sanders, Seamons, Simmons, Smith, Tanner, Turner, Van-Nooijen, Williams and Wolff.

Against the Motion:   no Councillors voted against.

Abstentions:   Councillors Armitage, Campbell, Fooks, Gotch, McCready, Mills and Royce.

The Motion was therefore adopted, 35 members voting in favour, no members voting against and 7 abstentions.  Council agreed upon a subsequent suggestion by Councillor Tanner that the adoption of the Motion be brought to the attention of Oxford’s two MPs and to the attention of the MEPs for the South East Region.

Public addresses and questions received in accordance with Council Procedure Rule 11.10 and 11.11. The full text of any address or question must be received by the Head of Law and Governance by 5.00pm on Tuesday 18^th June 2013.

Full details of the addresses and questions submitted by the deadline will be provided separately prior to the meeting.

The following public addresses and questions that did not relate to matters for decision at the meeting were made and asked at Council.  All of the addresses are attached to the signed minutes of Council as Appendix II.  The questions and replies are set out below:

(1)         Mark Stone, Motor Neurone Disease Charter – Address

Following the address, the Leader proposed on behalf of Council that the Council should sign the Charter and support the five principles of it.  Council agreed the Leader’s proposal by general assent.

(2)         Fran Ryan – Community Led Homes in Oxford – Address

Following the address, Councillor Seamons said that although in terms of land it was unlikely the Council could help, he would be happy to convene a meeting to discuss the matters raised in the address.

(3)         William Clark – The Consultation Process – Address

Following the address, Councillor Rowley said that the matter of the swimming pool had undergone full consultation and had been fully debated by Council.  Council had decided that a new swimming pool be provided at Blackbird Leys.  That decision would not be changed.  It was for these reasons that he had chosen not to enter into a dialogue with members of the public.

(4)         Nigel Gibson – Openess and Transparency – Address

The following response (which had been circulated in advance) was given to the address:-

In July 2011 CEB delegated authority to the Executive Director Community Services, in consultation with the Monitoring Officer, to award a contract for the build of the new pool. That report recognised that legal challenges may mean that the contract would not "go live" for some time. After a procurement exercise was completed the contract was let in March 2012 to Willmott Dixon. Due to legal challenges and anticipating further delays that contract contained two conditions precedent relating to the dismissal or withdrawal of two legal challenges - the request for Judicial Review of the Council's decision making process by Nigel Gibson and the a request for Judicial Review by Mrs Zani of the County Council's decision to reject an application to have Blackbird Leys Park declared a Town Green.

On satisfaction of these two conditions precedent, the contract by definition became unconditional, and therefore active.

Mr Gibson applied for Judicial Review of the CEB’s July 2011 decision in regard to closing the Temple Cowley pool, but after twice failing to obtain consent from the Administrative Court, he finally discontinued his application in March 2013.

Mrs. Zani’s application to have the County’s decision judicially reviewed has now been withdrawn and therefore the County Council's decision not to register the land as a Town Green stands.

From the above it can be seen that the conditions precedent in the contract have been met, and as a consequence the contract is now active. There has been no material change in the relevant circumstances concerning the need for the facility or the Council's ability to pay for it, and preparations to commence on site  ...  view the full minutes text for item 23.

None submitted for consideration.

There were no petitions to debate at this meeting of Council.

Reports from and questions to, Members representing the Council on outside organisations.

The Leader proposed that for the future, under this item, there should be a report back upon the work of one or two of the ‘outside organisations’ by the representatives appointed to those bodies.  Council concurred and the Leader asked officers to draw up a schedule of such reporting for consideration by the Cross-Party Working Group

Report of the Chair of the Scrutiny Committee attached.

This report updates Council on the activities of scrutiny and other non executive councillors since the Committee was appointed in May.

The Chair of the Scrutiny Committee submitted a report (previously circulated, now appended).

Discussion ensued on Scrutiny staffing capacity.  A number of councillors suggested that Scrutiny staff were stretched to capacity, thus militating against reviewing and scrutinising to any greater extent.  Members recognised that staff resources for scrutiny had not been cut but that to expand resources would require additional financing for which there was no currently no budget.

No recommendations have been submitted for consideration.

There were no Scrutiny recommendations for Council to consider.

Council Procedure Rule 11.16 refers.

Motions received by the Head of Law and Governance by the deadline of 1.00pm on Wednesday 12^th June 2013:-.

1. Financial Transactions Tax – proposed by Councillor Price, seconded by Councillor Fry;

2. Tar Free Oxford – proposed by Councillor Hollick.

Full text of the motions is attached.

(1)                           Community Budgets

Councillor Fooks, seconded by Councillor Campbell proposed the following Motion:-

“Public sector cuts would have been made whichever party was in national government (as the former Labour Chief Secretary to the Treasury put it, “There is no money left”) and all parties have to work together to find a solution to this problem.

This Council is facing increasing pressures on available budgets due to the cuts in Government funding and the extra burdens placed on it by the welfare cuts. Staff are working to help those affected by cuts in benefits with advice and support but are limited by the particular local situation of an acute shortage of affordable homes and the highest rents outside London.

Council recognises that the whole-place Community Budget pilots have shown the potential for delivering better services at less cost by the approach to transforming public services by integration and demand reduction. It believes that Oxford would benefit hugely from such an approach.

Council notes that the Local Government Association commissioned Ernst and Young to review the potential for the aggregation of whole place community budgets. The report notes that community budgets have the potential to deliver better outcomes and realise substantial financial benefits; with the potential of a net benefit of five years of between £9.4bn and £20.6bn.

Council also recognises that the current government has been working with councils across the country on the Troubled Families programme, with an additional £448 million to support this work. Council urges the government to build on this cross departmental working and extend Community Budgets

Council therefore asks the Leader to write to the Oxford MPs asking them to support the LGA’s call for Community Budgets to be extended nationally as the preferred local delivery mechanism for government departments, with appropriate support to local areas to ensure that the maximum benefits are felt from the change”.

Following a debate, the Motion was voted upon but this was not carried, 10 members voting in favour of the Motion and 30 members voting against.

(2)       Tar Free Oxford

Councillor Hollick seconded by Councillor Benjamin proposed the following Motion:-

“This council notes that: Canada’s tar sands are the biggest energy project in the world. Already, millions of barrels of tar sands oil have been extracted from the Canadian wilderness, decimating the landscape and producing 3.2 to 4.5 times more greenhouse gas emissions than conventional oil extraction (as calculated for example by the US Government’s National Energy Technology Laboratory). Nearby First Nations communities are also being devastated by the loss of their traditional lands and access to food and medicine. In 2008, Alberta Health confirmed a 30 per cent rise of cancer rates between 1995 – 2006 in Fort Chipewyan, a nearby community.

Although tar sands oil hasn’t yet arrived in the UK in significant quantities, its large-scale import is highly likely as Canada attempts to find new markets for export. Opening up Europe and the UK to tar sands would be a  ...  view the full minutes text for item 28.

At this point, the 60 minutes time permitted in the Council’s Constitution for dealing with Motions on Notice having been fully used, Councillor Simmons proposed that the time permitted for Motions be extended for a further 30 minutes to enable the remaining four Motions to be debated.  Council voted upon this proposition, but this was not carried.  The following four Motions were not debated and therefore fell unless they were reintroduced at a future Council meeting:-

(1)       Supermarket Levy

(2)       Supporting Youth Employment

(3)      Impartiality of Planning Process

(4)      Supporting the Robin Hood Tax