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 19^th April 2013.

 

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 Jean Fooks

 

Dial-a-Ride bus service

 

When will the City Council contract with the County Council Integrated Transport Unit for the provision of a second Dial-a-Ride bus for the elderly and less mobile citizens of Oxford?

 

Response: We are currently reviewing usage statistics for dial a ride and are looking at alternative community transport methods to ensure that any additional monies committed add usefully to services in the city.  I expect that we will have come to a conclusion within a month from now.  I am more than happy to share the data with Councillor Fooks.

 

Councillor Fooks in a supplementary question asked if the elderly users had been consulted.  In response Councillor Cook said that they could continue to use the existing service and it was important that any change to the service was done right.

 

(2)       Question to the Leader of the Council (Councillor Bob Price) from Councillor Graham Jones

 

Break the bag habit campaign

 

Will the Leader kindly inform us if replies have been received from our MPs Andrew Smith and Nicola Blackwood in response to the Council's unanimous motion on the issue of plastic bags?

 

Response: As of the date of this meeting a response had been received from Andrew Smith MP, but not from Nicola Blackwood MP.

 

            (3)       Question to the Leader of the Council (Councillor Bob Price) from Councillor Jean Fooks

 

                        Town Hall café

 

The story of the Town Hall café has been an embarrassment to the City Council.  How much has been spent on the several refurbishments to date, how many months has it actually been operational since it first opened?

 

Response: The Town Hall Café first opened in 2006 and was fully operational until November 2011. In October 2011, the contract with the caterers (Fosters) came to an end which provided an opportunity to look at the café provision. A procurement exercise was undertaken and this resulted in the appointment of a new caterer (Ambassador) to run the café. Ambassador proposed changes to the café offer, with an increased space, longer opening hours, higher quality food and a desire to host evening events. A refurbishment was agreed as part of this exercise (£37k allocated from the budgeted Town Hall repairs and maintenance programme) which would give a return on investment based on new rental figures within 3 years.

 

The café was closed in November 2011 whilst the procurement exercise and refurbishments were being progressed. A pop-up café operated in the space for 6 months in 2012. The refurbished café opened in October 2012. This long period of closure arose because of contractual, design and construction issues.

 

Unfortunately the new café suffered operating difficulties and was closed for a month in March 2013 whilst another contractor was identified. Lemon Zest now operate the facility successfully on behalf of the Council.

 

Councillor Fooks in a supplementary question asked how much money had been lost.  In response Councillor Price said that the café had been extensively advertised and information was included in literature that promoted the Museum.

 

(b)       Questions notified by the deadline in the Constitution where no reply in advance of the meeting was given

 

(4)       Question to the Board Member, City Development (Councillor Colin Cook) from Councillor Jim Campbell

 

                        Covered Market - Consultants

 

Can you tell us how much was paid to the Council's consultants to draw up the terms of the Council's 2012 Rent Review?

 

Response: The Council went through a competitive tender process.  It would be commercially sensitive to confirm fees to be charged for completing the reviews whilst they are still being negotiated.

 

(5)       Question to the Board Member, City Development (Councillor Colin Cook) from Councillor Jim Campbell

 

Covered Market – Rent increase

 

Can you as the portfolio holder explain to us how some proposed rents in the 2012 Rent Review have increased by more than 50% to cover a 5 year period when inflation was less than 20% and at a time of a severe economic downturn?

 

Response: The Council has appointed an independent Chartered Surveyor based in Oxford to advise on the values of the individual units.  The rental values have been assessed by making reference to the available market evidence, including an open market letting within the Covered Market in 2011.

 

(6)       Question to the Board Member, City Development (Councillor Colin Cook) from Councillor Jim Campbell

 

Covered Market – Arbitration expenses

 

Following the last Rent Review in 2007 the Council paid out £80,000 in arbitration expenses. Can you tell us how much has been paid so far following the 2012 Review, and how much the final sum is likely to be?

 

Response: An Arbitrator has only recently been appointed and the fees of both the Arbitrator and the Council’s advisor will be payable on completion.  It is commercially sensitive to confirm the fee basis of the Council’s advisor whilst the rent reviews are being negotiated.

 

(7)       Question to the Board Member, City Development (Councillor Colin Cook) from Councillor Jim Campbell

 

Covered Market - Tenancies

 

Can you please tell us how many new tenancies have been granted in the last five years to independent local traders?

 

Response: There have been 2 new lettings in the last 5 years.  This does not include leases which have been assigned by individual tenants in the Covered Market.

 

(8)       Question to the Board Member, City Development (Councillor Colin Cook) from Councillor Jim Campbell

 

Covered Market – Performance enhancement

 

In January 2012 a report on the Future of the Covered Market contained a list of 12 recommended next steps. In November it was decided to identify consultants who would prepare a Strategy for Performance Enhancement in the Covered Market. Why has this taken so long?

 

Response: I too am disappointed by the delay. Consultants are now appointed and their recommendations will be received in the near future following completion of their brief.  This is not the only thing that the Council has been doing to help the traders.

 

(9)       Question to the Board Member, City Development (Councillor Colin Cook) from Councillor Jim Campbell

 

Covered Market – Market traders

 

You were quoted in the Oxford Mail of October 18^th as saying that the crisis facing the Covered Market is partly due to “the age of some of the traders who are looking to retire and cash in their chips”. Do you accept that you made this remark and do you still stand by it?

 

Response: It is true that a number of the tenants are approaching retirement age of say 65 plus, and have therefore decided to attempt to sell their businesses, if possible, as going concerns or failing that sell their leases whilst they may have some value.  Whatever sales take place, we are only trying to recoup some of our original investment but, unfortunately, in today's market it is much easier said than done.  Those are not my words, but the words of the market traders.  That was the context of my comments.

 

Councillor Campbell in a supplementary question asked if Councillor Cook was confident that the long term future of the Covered Market was in safe hands, given that more than 12 months after the review, the Council and traders were still in negotiations.

 

In response Councillor Cook said that he was confident and that facts and diplomacy were used when negotiating with the traders.  Only one trader had taken up the opportunity with the Council to discuss issues of genuine hardship.

 

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

 

                        Support for Covered Marker traders

 

Will the Portfolio Holder join me in supporting the Covered Market traders in their campaign to save the market from excessive rent rises?

 

Response: The new rents are to be set at market rents in accordance with the leases.  The Council is being advised by an independent chartered surveyor and officers will consider the situation of individual tenants where there is genuine hardship and some discussions have already taken place.

 

Councillor Benjamin in a supplementary question asked if the Board Member agreed that the Council should not be obligated to raise the rents to excessive levels.

 

In response Councillor Cook said that the Council was not raising rents excessively, but taking professional advice and there was an opportunity for the traders to negotiate with the Council.

 

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

 

                        Covered Market – Rent increases of 50%

 

Does the Portfolio Holder agree that rent increases in the Covered Market in excess of 50% are inappropriate in the current economic climate and will place a large number of traders at risk of losing their businesses and their livelihoods, threatening the existence of the historic market?

 

Response: I say again, the new rents are to be set at market rents in accordance with the leases.  The Council is being advised by an independent chartered surveyor and officers will consider the situation of individual tenants where there is genuine hardship and some discussions have already taken place.

 

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

 

                        Covered Market – Benchmark data

 

Can the Portfolio Holder provide benchmark data from other local authorities to justify the average 50%, and in some cases as much as 70% proposed increases in Covered Market rents?

 

Response: It is accepted practice to make reference to comparable evidence of retail properties in Oxford which is then adjusted appropriately depending on the circumstances of the individual unit.  I will try to supply the data, but I suspect that it will be commercially sensitive info.

 

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

 

                        Covered Market – Rent rise justification

 

Can the Portfolio Holder explain the thinking behind such extreme rent rises in the current economic climate?

 

Response: I say again, the new rents are to be set at market rents in accordance with the leases.  The Council is being advised by an independent chartered surveyor and officers will consider the situation of individual tenants where there is genuine hardship and some discussions have already taken place.

 

Councillor Benjamin in a supplementary question asked if Councillor Cook accepted that there was a huge demand form non-chains for the Cards Galore unit.  In response Councillor Cook said that when there was a rental opportunity, the Council had a fiduciary responsibility to get the best value.  He acknowledged that he was disappointed not to receive as much interest as on previous occasions when units became available.  He added there were 13 expressions of interest and it was right to go out to the open market.

 

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

 

                        Covered Market – Precedent of rent rises

 

Is the Portfolio Holder aware of the precedent such rent rises will set and how worried other independent traders in Oxford are that if the Covered Market rent rises go ahead other landlords will increase rents at similar levels?

 

Response: I say again, the new rents are to be set at market rents I do not believe the rent increases would set such a precedent.

 

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

 

                        Covered Market - Petition

 

Will the Portfolio holder be recommending to members of his group that they show support for local independent traders by signing the Covered Market petition?

 

Response: No that will be a matter of personal judgement for the individuals themselves. 

 

What I will do however is encourage them to continue using the covered market for the excellent range of goods they sell and to continue to talk up the Covered Market despite others efforts to talk it down, and for the traders to sell goods people want to buy at reasonable prices.

 

Councillor Benjamin in response to a supplementary questions asked if Councillor Cook would object to her passing round a petition.  In response Councillor Cook did not object.

                       

(16)     Question to the Board Member, Leisure (Councillor Van Coulter) from Councillor Elise Benjamin

 

                        Temple Cowley Gym replacement

 

Can the Portfolio Holder explain the difference between the £200,000 allocated in the budget to replace Temple Cowley Gym with new facilities at Oxford Spires, and the contribution towards the £200,000 cost reported in the recent Oxford Mail article about the new gym.

 

Response: The investment in OSA is not linked to the repair budget at Temple Cowley Pools. It is part of our commitment to support the provision in Cowley and to deliver the Leisure Strategy. The Leisure Strategy (2009) states; The City also needs to work more closely with schools to increasingly open up their sites to the community……. less than one minute drive from Temple Cowley is Oxford Community School.  The school site is already open until 10.00pm offering commendable community access…... 

 

Councillor Benjamin in a supplementary question said that the allocation of the £200k had not been answered and requested a written response.

 

(17)     Question to the Board Member, Leisure (Councillor Van Coulter) from Councillor Elise Benjamin

 

                        Opening hours of the Gym at Oxford spires School

 

Can the Portfolio Holder inform me of the planned opening hours for the new Gym at Oxford Spires School, how this will fit in with the school timetable, and how this will differ from the current opening hours of the Temple Cowley Gym that it will apparently replace.

 

Response: The gym project is at an early stage and the opening hours have not been developed.

 

Councillor Benjamin in a supplementary question asked if the Board Member guaranteed that the new gym would give the same access as the gym at the Temple Cowley Pools.  In response Councillor Coulter said that he would take this into account.

 

(18)     Question to the Board Member, Leisure (Councillor Van Coulter) from Councillor Elise Benjamin

 

                        Oxford Spires Academy Gym and public safety

 

Can the Portfolio Holder explain what plans are in place to safeguard school children at Oxford Spires Academy once the gym is open to the public.

 

Response: This is not a new matter for the school and they have effectively used the school as a community facility for many years. They will of course review their safeguarding arrangements as the plans for the facility progresses.

 

(19)     Question to the Board Member, Housing (Councillor Scott Seamons) from Councillor Craig Simmons

 

                        Community co-owned housing – Barton development

 

Will you consider including community owned co-housing in the Barton development and/or look for suitable sites in Oxford where co-housing could be sited?

 

Response: Councillors and Officers had met with the Co-Housing Group and were very open to opportunities as they came forward.

 

With regard to Barton, there is a joint venture in place between the City Council and Grosvenor with set objectives and set procurement policies for sales to householders.  There is already a range of pre-qualified house builders drawn up for the bidding process.  However this does not preclude other interested parties such as Oxford Co-Housing from joining the list.  They will be expected to pay the going rate and Oxford Co-Housing is aware of this.

 

The Councils priority remains to progress the building of new social rented housing in the City.

 

(20)     Question to the Board Member, Housing (Councillor Scott Seamons) from Councillor Craig Simmons

 

                        Rogue Landlord prosecutions

 

Will the portfolio holder join with me in welcoming tough action on rogue landlords. But could he also explain what went wrong in the recent prosecution of an East Oxford 'slum landlord' that resulted in him being given a lighter sentence because Oxford City Council failed to inform magistrates he had previous convictions.

 

Response: Councillor Ed Turner, Board Member, Finance and Efficiency responded as follows:

 

The officer who leads the investigation does not normally attend the first hearing of the case as they are not needed to give evidence.  In this instance the defendant pleaded guilty straight away.  The legal representative who presented the case to the Magistrates had not been made aware that the defendant had previously been prosecuted.

 

The system for passing files over for prosecution has now been changed, so that all relevant matters are explicitly referred to.  Given that, sentencing is a matter for the Court.  We can’t be certain that the fines would have been greater had the previous convictions been drawn to its attention.  The Court is still obliged to consider the mitigation being put forward by the defendant and obliged to give credit for a timely guilty plea and in particular take into account their means and ability to pay.

 

(21)     Question to the Board Member, Cleaner Greener Oxford (Councillor John Tanner) from Councillor David Williams

 

Air quality measurement                 

 

Measuring air quality is an important function of the local Authority. A few years ago the authority moved from just measuring the quality of the air in the obvious centres such as Carfax to also monitoring standards in numerous other hot spots around the City such as the Plain, Summertown Shops, Weirs Lane and Headington Shops.
 
The reported failure of the UK to hit targets set by the EU on air quality will very soon become a major issue with perhaps the Government passing on the fine they face to local authorities and holding them responsible for their failure to meet the EU health standards.
 
Could the Portfolio holder confirm that the local authority has been monitoring the local hot spots away from the City centre. Could he give the measurements taken at those localities and the dates and times of the testing.
 
Could the Portfolio holder also give an assurance that Oxford has met the EU standards and will not be involved in any dispute with central government about meeting targets.

 

Response: Some monitoring had taken place away from the City Centre and I will e-mail Members the measurements in due course.

 

With regard to meeting EU Standards, broadly yes, we have met them and taking steps to prevent polluting buses from coming through the City.

 

I will be meeting Officers on 23^rd April 2013 as this is a very important issue.

 

Councillor Williams in a supplementary question asked if the Board Member was aware that the Government was facing a substantial fine from Europe and blame will be pushed to Local Authorities.  Was he aware that he will need to prepare a defence.

 

In response Councillor Tanner said that the main concern was that we made sure we have clean air for the people of Oxford.  He did not believe that spending more money on monitoring would make the air better.

 

(22)     Question to the Leader of the Council (Councillor Bob Price) from Councillor Craig Simmons

 

                        Cycle King shop fire – Fire Service

 

Will the Leader join me in congratulating the fire service for their prompt action in tackling the serious fire at Cycle King on the Cowley Road on 31st March which was contained without loss of life or serious injury. 

 

Response: I am happy to join Councillor Simmons on this.  I can’t say what can be done yet to compensate traders, but I will get back to him on this.

 

(23)     Question to the Leader of the Council (Councillor Bob Price) from Councillor Craig Simmons

 

                        Cycle King shop fire – Compensation for other traders

 

Will the Leader consider what can be done to compensate those businesses either side of Cycle King who were forced to close due to the fire - many of whose trade remains affected by the pavement closure.

 

                        Response: See response to question 22.