ITEM CC1
OXFORDSHIRE COUNTY COUNCIL
MINUTES of the meeting of the County Council held at County Hall on Tuesday 6
November 2007 commencing at 10.00 am and finishing at 3.35 pm
Present:
Councillor LIZ BRIGHOUSE – in the chair
Councillors:
M Altaf-Khan
Alan Armitage
Roger Belson
Maurice Billington
Norman Bolster
Ann Bonner
Iain Brown
Alan Bryden
Nick Carter
Louise Chapman
Jim Couchman
Tony Crabbe
Sushila Dhall
Surinder Dhesi
John Farrow
Mrs Anda FitzgeraldO’Connor
Jean Fooks
Mrs C Fulljames
Barbara Gatehouse
Deborah Glass Woodin
Janet Godden
Patrick Greene
Timothy Hallchurch MBE
Pete Handley
Neville F Harris
David Harvey
Steve Hayward
Mrs J Heathcoat
Hilary Hibbert-Biles
John Howell
Ian Hudspeth
Ray Jelf
Bob Johnston
Terry Joslin
Colin Lamont
Lesley Legge
Kieron Mallon
Charles Mathew
Olive McIntosh-Stedman
Keith R Mitchell CBE
Jim Moley
David Nimmo-Smith
Zoé Patrick
Anne Purse
G A Reynolds
Dermot Roaf
David Robertson
Rodney Rose
John Sanders
Larry Sanders
Don Seale
Bill Service
Chip Sherwood
C H Shouler
Craig Simmons
Dr Peter Skolar
Roz Smith
Val Smith
Lawrie Stratford
Melinda Tilley
David Turner
Nicholas P Turner
Carol Viney
Michael Waine
David Wilmshurst
Chris Wise
The Council considered the matters, reports and recommendations contained or
referred to in the agenda for the meeting, together with a supplementary agenda and
decided as set out below. Except insofar as otherwise specified, the reasons for the
decisions are contained in the agenda, supplementary agenda and reports, copies of
which are attached to the signed Minutes.
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78/07 MINUTES OF THE LAST MEETING
(Agenda Item 1)
RESOLVED:
that the Minutes of the meeting of Council held on 11
September 2007 be approved and signed as a correct record, subject to the
following changes to Minute 74/07 (Sustainable Community Strategy) shown
in italic type and by strikethrough:
Paragraph 3, line 1:
Set out below are the issues raised during the debate and as summarised
by Councillor Mitchell:
Theme 1 – Maintaining Economic Competitiveness, Paragraph 3, line 2:
There were differing opinions about sustainability. There was a very strong
opinion from the Green Group some Mmembers that the economy did not
need to be ….
Theme 2 – Mitigating and adapting to climate change, Paragraph 2, line
3:
The existence of climate change had been recognised as a fundamental
tenet in Government policy and, although there were Government policies
on solar heating, cavity insulation, water harvesting and sump heat pumps
……
Theme 2 – Mitigating and adapting to climate change, Paragraph 8, line
1:
The Green Group Some members considered the theme was not sufficiently
radical and would press for more rigour in the way in which some of the
issues were addressed and targeting and measuring outcomes.
Resolution, line 4:
RESOLVED: (on a motion by Councillor Mitchell and seconded by
Councillor Howell and carried by a majority, one member voting against) to
note the issues raised in the debate on the Sustainable Community Strategy
and as reiterated in the summing up by Councillor Mitchell and to ask
Councillor Mitchell, as the Council’s representative on the Oxfordshire
Partnership Board, to have regard to them at the meetings of the Board.
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79/07 APOLOGIES FOR ABSENCE
(Agenda Item 2)
Apologies for absence were received from Councillors Marilyn Badcock,
Michael Badcock, Bones, Bradshaw, Cartledge, Mrs Hastings and
Haffenden.
80/07 DECLARATIONS OF INTEREST
(Agenda Item 3)
Councillor
Godden
D Turner
Carter
Bryden
Simmons
Harvey
L Sanders
N Turner
Brown
Hallchurch
Hudspeth
Reynolds
Wise
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Agenda Item
18 (Motion by
Councillor L Sanders)
19 (Motion from
Councillor Carter)
19 (Motion from
Councillor Carter)
7 (Questions with
notice from members
of the public)
19 (Motion from
Councillor Carter)
19 (Motion from
Councillor Carter)
17 (Motion from
Councillor L Sanders)
8(2) (Report of the
Cabinet (Flooding
Recovery)) and 10
(Motion from
Councillor Johnston)
19 (Motion from
Councillor Carter)
19 (Motion from
Councillor Carter)
8(6) (Report of the
Cabinet (Financial
Monitoring))
19 (Motion from
Councillor Carter)
19 (Motion from
Councillor Carter)
10 (Motion from
Councillor Johnston)
19 (Motion from
Councillor Carter)
Nature of Interest
Personal (Chairman of Oxfordshire
Mental Health Trust)
Personal and prejudicial (member of
the Federation of Small Businesses)
Personal (member of the Federation
of Small Businesses)
Personal (member of the Ramblers’
Association)
Personal and prejudicial (owns
company)
Personal and prejudicial (company
director and company chairman)
Personal (Co-Chair of Oxfordshire
Keep the NHS Public)
Personal (riparian owner)
Personal and prejudicial (member of
the Federation of Small Businesses)
Personal (member of the Federation
of Small Businesses)
Personal (member of the Oxfordshire
Yeomanry Association)
Personal and prejudicial (member of
the Federation f Small Businesses
and holds shares in a small business)
Personal (member of the Federation
of Small Businesses)
Personal (riparian owner)
Personal and prejudicial (member of
the Federation of Small Businesses
and has shares in a company based
in Oxfordshire)
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Jelf
Howell
Crabbe
Greene
Dr Skolar
Mathew
Dhesi
GlassWoodin
Hayward
Johnston
Rose
19 (Motion from
Councillor Carter)
19 (Motion from
Councillor Carter)
10 (Motion from
Councillor Johnston)
19 (Motion from
Councillor Carter)
10 (Motion from
Councillor Johnston)
19 (Motion from
Councillor Carter)
17 (Motion from
Councillor L Sanders)
18 (Motion from
Councillor L Sanders)
19 (Motion from
Councillor Carter)
16 (Motion from
Councillor Hayward)
12 (Motion from
Councillor Godden)
19 (Motion from
Councillor Carter)
Personal (member of the Federation
of Small Businesses)
Personal (member of the Federation
of Small Businesses)
Personal (member of the Thames
Regional Flood Committee)
Personal (member of the Federation
of Small Businesses)
Personal (riparian owner)
Personal (shareholder of a number of
companies)
Personal (member of Keep the NHS
Public)
Personal (member of Keep the NHS
Public)
Personal and prejudicial (director of a
small business)
Personal (lorry driver)
Personal (undertakes surveys for the
National Statistics Office)
Personal (owner of a small company)
Councillor Hayward, when declaring his interest in revised agenda item 16,
sought leave of Council to withdraw the motion standing in his name.
Council agreed to its withdrawal.
81/07 OFFICIAL COMMUNICATIONS
(Agenda Item 4)
The Chairman reported that:
(a)
the Royal Institution of Chartered Surveyors had awarded the Oxford
Castle development its Project of the Year Award for 2007;
(b)
The Princess Royal had recently attended a citizenship ceremony at
County Hall;
(c)
she would be writing to the Warwickshire Fire Service, on behalf of the
Council, to express sympathy to the families of the Warwickshire Fire
Service fighters who had lost their lives in the recent fire in
Warwickshire.
82/07 APPOINTMENTS
(Agenda Item 5)
RESOLVED:
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(a)
to appoint Councillor Seale to the Planning & Regulation Committee in
place of Councillor N Turner;
(b)
(on a motion by Councillor Mitchell and seconded by Councillor
Robertson and agreed by a majority) to appoint Nina Alphey (DPhil
research student) and Ann Griffiths (independent management
consultant to the NHS) as independent members of the Standards
Committee.
83/07 PETITIONS AND PUBLIC ADDRESS
(Agenda Item 6)
Kidlington Parish Councillor Chris Robins addressed Council about Agenda
Item 16 (Motion by Councillor Hayward) which had been withdrawn. He said
that the Kidlington Traffic Advisory Committee and Kidlington and Gosford
and Water Eaton Parish Councils would be concerned about any proposal to
site a lorry park on land in the Green Belt and on a greenfield site.
84/07 QUESTIONS WITH NOTICE FROM MEMBERS OF THE PUBLIC
(Agenda Item 7)
Ms Troth Wells, British Horse Society, Oxford Area Bridleways Association
addressed the following question to Councillor Mitchell, Leader of the
Council
“In the light of the furore over the Council’s failure to protect Public Rights of
Way with the loss of a bridleway in Cowley, leading to further fragmentation
of the network and loss of access to the countryside, can the Council
understand why District Judge Loosley's decision to make an order of costs
of £29,700 against the British Horse Society for opposing the Council's
application to extinguish bridleway 75 across BMW's site, when no
alternative was being provided for horse-riders, will deter people from
democratically objecting to future such applications; and explain why it
pursued an application for costs against the British Horse Society and the
Ramblers Association (two charities defending the right of way in the public
interest) when BMW had entered into a contract with the Council
undertaking to meet all the Council's costs associated with the case?”
Councillor Hudspeth (the relevant Cabinet Member) replied as follows:
“In response to the first part of the question, if an individual or an
organisation enters into litigation, they need to be aware of the likely costs of
losing and of bearing the costs of the action.
In response to the second part of the question, Judge Loosley's decision
concerning the allocation of costs is quite clear and I believe it clearly
justifies the County Council's decision to pursue the recovery of costs
against the British Horse Society and the Ramblers Association.”
Supplementary question:
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“Rebecca Baxter of the BMW Group from Oxfordshire stated in Horse and
Hounds on 25 October that BMW has no objections to a proposed
alternative path being adapted for use by horse-riders. Can the Council
confirm that the alternative path will therefore be adapted so that it can be
used by walkers, cyclists and horse-riders?”
Supplementary reply:
“I am not aware of that article because I do not read that particular magazine
but I will look into it.”
85/07 REPORT OF THE CABINET
(Agenda Item 8)
The Council had before it the report of the Cabinet (CC8).
contained one recommendation to Council.
The report
In response to Councillor McIntosh-Stedman’s question on paragraph 4,
Councillor Mitchell undertook to write to her with a list of known nationalities
resident in Oxfordshire.
Item 6 - Financial Monitoring
Councillor Shouler moved and Councillor Mitchell seconded the following
motion:
To RECOMMEND Council to:
(1)
establish a fund of £100K from the additional LABGI allocation of
£340K to assist in welcoming/supporting returning military personnel to
Oxfordshire from serving abroad and their families;
(2)
authorise the Leader of the Council, Cabinet Member for Finance and
the Assistant Chief Executive & Chief Finance Officer to approve
applications for contributions to projects; and
(3)
consider at its meeting in January 2008 recommendations from the
Cabinet for the allocation of the remaining LABGI money.
Councillor Armitage moved and Councillor Patrick seconded the following
amendment:
(3)
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consider at its meeting in January 2008 recommendations from
the Cabinet for the allocation of the remaining LABGI money use
the remainder of the LABGI money to relieve pressures in the older
people's budget.
CC1 – page 7
After debate, this amendment was put to the vote. Seven members by
standing in their places required a named vote in accordance with Council
Procedure Rule 15(a). Voting was as follows:
Councillors voting for the amendment (17)
Councillors Altaf-Khan, Armitage, Bryden, Dhall, Fooks, Glass Woodin,
Godden, Johnston, Patrick, Purse, Roaf, L Sanders, Sherwood, Simmons, R
Smith, D Turner and Wise
Councillors voting against the amendment (41)
Councillors Belson, Billington, Bolster, Mrs Bonner, Brown, Carter,
Chapman, Couchman, Crabbe, Farrow, Mrs Fitzgerald O’Connor, Mrs
Fulljames, Greene, Hallchurch, Handley, Harvey, Hayward, Mrs Heathcoat,
Hibbert-Biles, Howell, Hudspeth, Jelf, Joslin, Lamont, Mallon, Mathew,
Mitchell, Nimmo-Smith, Reynolds, Robertson, Rose, Seale, Service,
Shouler, Dr Skolar, Stratford, Tilley, N Turner, Viney, Waine and Wilmshurst
Councillors abstaining on the amendment (7)
Councillors Brighouse, Dhesi, Gatehouse, Harris, McIntosh-Stedman, J
Sanders and V Smith.
The amendment was declared lost.
RESOLVED:
(on a motion by Councillor Shouler and seconded by
Councillor Mitchell and carried with a majority voting in favour, 2 members
voting against and 2 members abstaining) to:
(1)
establish a fund of £100K from the additional LABGI allocation of
£340K to assist in welcoming/supporting returning military personnel to
Oxfordshire from serving abroad and their families;
(2)
authorise the Leader of the Council, Cabinet Member for Finance and
the Assistant Chief Executive & Chief Finance Officer to approve
applications for contributions to projects; and
(c)
consider at its meeting in January 2008 recommendations from the
Cabinet for the allocation of the remaining LABGI money.
86/07 QUESTIONS WITH NOTICE FROM MEMBERS OF THE COUNCIL
(Agenda Item 9)
12 questions with notice were asked. Details of the questions and answers
and the supplementary questions and answers, where asked and given, are
set out in the Annex to the Minutes.
87/07 MOTION FROM COUNCILLOR BOB JOHNSTON
(Agenda Item 10)
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Councillor Johnston moved and Councillor Armitage seconded the following
motion:
“Following the damage and distress caused by the recent flooding in
Oxfordshire, this Council resolves to ask the Cabinet to take the following
steps to reduce the risk of further flooding in the future:
(a)
encourage parishes and towns to set up flood defence groups,
because experience has shown that, where they already exist, they
can do a useful job in organising volunteers. Such groups may also
encourage riparian owners to clear gullies and culverts;
(b)
encourage and if necessary pressurise riparian owners to ensure that
their ditches are clear and fit for purpose;
(c)
where possible use any available funding from central Government to
finance any works made necessary by the recent flooding;
(d)
undertake a condition survey of those ditches and culverts for which
the Council is itself responsible;
(e)
prioritise any additional works for those cases where the alleviation of
future flooding can be achieved;
(f)
call on the Environment Agency and Thames Water to meet their
obligations regarding management of watercourses, surface water
drainage and sewerage and where required encourage Thames Water
to upsize their existing surface water sewers to cope with the increased
storms and rainfall.”
After debate, the motion was lost by 39 to 17, 3 members abstaining.
88/07 MOTION FROM COUNCILLOR ZOÉ PATRICK
(Agenda Item 11)
Councillor Patrick moved and Councillor Moley seconded the following
motion:
“Oxfordshire’s Highways’ budget for routine weedkilling for its roads and
footways has been insufficient for some time. In the absence of any
spraying, large perennial weeds such as elder and docks are now becoming
established on many footways and especially in between kerbstones.
Structural damage due to growth pressure is beginning to occur. The
Cabinet is therefore requested to identify additional resources which can be
applied to weedkilling as soon as possible, and ask the Transport Service to
draw up a priority programme for dealing with the worst cases. It is
accepted that this will put further pressure on resources for other activities.”
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Councillor Hudspeth moved and Councillor Robertson seconded the
following amendment shown in italic type:
“Oxfordshire’s Highways’ budget for routine weedkilling for its roads and
footways has been insufficient for some time. In the absence of any
spraying, large perennial weeds such as elder and docks are now becoming
established on many footways and especially in between kerbstones.
Structural damage due to growth pressure is beginning to occur. The
Cabinet is therefore requested, as part of the Star Chamber process, to
consider whether it is possible to identify additional resources which can be
applied to weedkilling as soon as possible, and ask the Transport Service to
draw up a priority programme for dealing with the worst cases. It is
accepted that this will put further pressure on resources for other activities.”
Councillors Patrick and Moley agreed with the amendments to the original
motion.
RESOLVED:
(by a majority, with 7 members abstaining) as follows:
“Oxfordshire’s Highways’ budget for routine weedkilling for its roads and
footways has been insufficient for some time. In the absence of any
spraying, large perennial weeds such as elder and docks are now becoming
established on many footways and especially in between kerbstones.
Structural damage due to growth pressure is beginning to occur. The
Cabinet is therefore requested, as part of the Star Chamber process, to
consider whether it is possible to identify additional resources which can be
applied to weedkilling as soon as possible, and ask the Transport Service to
draw up a priority programme for dealing with the worst cases. It is
accepted that this will put further pressure on resources for other activities.”
89/07 MOTION FROM COUNCILLOR JANET GODDEN
(Agenda Item 12)
Councillor Godden moved and Councillor Wise seconded the following
motion in the following amended form shown by strikethrough and in italic
type:
“Council notes that the prospects for an adequate settlement for adult social
care in the forthcoming comprehensive spending review remain remote
despite previous Government assurances that investment would be made in
this area following investment in education and the health service. Council is
dismayed at the implications for the residents of Oxfordshire of continued
low Government funding of social care, as evidenced by waits for assessed
care packages or nursing home placements and retrenchment of the day
services strategy agreed in principle in 2004. Council therefore requests the
Leader of the Council and the Cabinet Member for Social & Community
Services to ask for an urgent meeting with ministers to explain the position
in Oxfordshire and the need for increased national spending on social care.
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Council also notes that the County's Citizens' Panel has not been consulted
on an issue relating to social care since autumn 2005 (direct payments). In
the light of possible inadequate funding, Council asks the Director for Social
& Community Services to request that the Panel is consulted this autumn on
the availability and adequacy of adult social care services in Oxfordshire in
good time so that for its response to help to inform the Council's budget
debate.”
RESOLVED:
(nem con)
“Council notes that the County's Citizens' Panel has not been consulted on
an issue relating to social care since autumn 2005 (direct payments). In the
light of possible inadequate funding, Council asks the Director for Social &
Community Services to request that the Panel is consulted on the availability
and adequacy of adult social care services in Oxfordshire in good time for its
response to help to inform the Council's budget debate.”
90/07 MOTION FROM COUNCILLOR JOHN SANDERS
(Agenda Item 13)
Councillor J Sanders moved and Councillor Joslin seconded the following
motion in the following amended form shown by strikethrough and in italic
type:
"This Council
(a)
notes the Cabinet’s plan to use £1.1m of interest earned on developer
contributions to fund a contribution to balances in 2009/10 (with the
developer interest being ‘repaid’ to the developer contributions account
in 2011/12);
(b)
notes that funding the contribution to balances in this way rather than
from the revenue account would increase the amount of money
available for spending on services in 2009/10 by £1.1m but reduce the
amount of money available for spending on services in 2011/12 by
£1.1m and would also involve a loss to the Council in terms of total
interest earned;
(c)
notes that the service and resource planning reports for the Cabinet
meetings on 21 November 2006 and 16 January 2007 reflected a
possible need for some of the £1.1m to come from developer interest
earned in 2008/09;
(d)
asks the Cabinet to ensure that, irrespective of whether the contribution
to balances in 2009/10 will go ahead, the plan to use the developer
interest is withdrawn during the current forthcoming service and
resource planning process for 2008/09 – 2012/13.”
After debate, the motion was lost by 33 votes to 7.
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91/07 MOTION FROM COUNCILLOR M ALTAF-KHAN
(Agenda Item 14)
Councillor Altaf-Khan moved and Councillor Patrick seconded the following
motion:
“Council notes that the recent peer review of the County Council advised
that more needs to be done to demonstrate its commitment to social
inclusion, diversity and equality. It further notes that ignoring this might lead
to the Council losing its excellent rating. Council therefore asks the Cabinet
to set out a clear action plan to ensure that we are meeting our obligations in
this respect. This should include:
(a)
Working more closely with ethnic minority groups within their
communities;
(b)
Ensuring we meet our targets on recruitment;
(c)
Include measures to tackle diversity and equality in our service
provision.”
Councillor Gatehouse moved and Councillor Harris seconded the following
amendment (shown by strikethrough and in italic type):
“Council notes that the recent peer review of the County Council advised
that more needs to be done to demonstrate its commitment to social
inclusion, diversity and equality. It further notes that ignoring this might lead
to the Council losing its excellent rating. Council therefore asks the Cabinet
to set out a clear action plan to ensure that we are meeting our obligations in
this respect. This should include:
(a)
Working more closely with ethnic minority groups within their
communities;
(b)
Ensuring we meet our targets on recruitment;
(c)
Include measures to tackle promote diversity and equality in our
service provision.”
Councillors Altaf-Khan and Patrick agreed with the amendments to the
original motion.
After debate, the motion as amended was lost by 41 votes to 22.
92/07 MOTION FROM COUNCILLOR NICK CARTER
(Agenda Item 15)
Councillor Carter sought leave of Council, which was granted, to withdraw
his motion.
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93/07 MOTION FROM COUNCILLOR STEVE HAYWARD
(Agenda Item 16)
Councillor Hayward sought leave of Council, which was granted, to withdraw
his motion.
94/07 MOTION FROM COUNCILLOR LARRY SANDERS
(Agenda Item 17)
Councillor L Sanders moved and Councillor Dhall seconded the following
motion in the following amended form shown by strikethrough and in italic
type:
“This Council urges the Oxfordshire Primary Care Trust (PCT) not to appoint
private, profit-making, organisations as advisors on the commissioning of
services and asks the Oxfordshire Joint Health Overview & Scrutiny
Committee to examine plans the Oxfordshire Primary Care Trust (PCT)
might have not to appoint private, profit-making, organisations as advisors
on the commissioning of services as the . The use of such advisors is likely
to reduce the quality and quantity of health services available to the people
of Oxfordshire:
- The cost of the advisors wcould reduce the amount of money available for
patient care and weaken the PCT's ability to improve its own
commissioning skills
- The use of private advisors wcould be a large step towards private profitmaking companies controlling the NHS. This wcould increase the costs
and reduce the availability of services free at the point of delivery
- The private companies may lack the skills and experience required to
commission health care for large groups of vulnerable people
- The PCT needs more time to consolidate its own abilities to commission
services
- The six very new Practice-based Commissioning consortia have only just
been established and need time to consult with the public and to develop
the systems and skills to allow them to provide effective commissioning.”
After debate, the motion as amended was lost by 40 votes to 20.
95/07 MOTION FROM COUNCILLOR LARRY SANDERS
(Agenda Item 18)
RESOLVED: (on a motion by Councillor L Sanders and seconded by
Councillor Dhall and carried nem con):
“From the most recent statistics it appears that if the same proportion of
Oxfordshire residents had received fully funded NHS continuing health care
as did the residents of Buckinghamshire free care would have been
provided to hundreds more of our residents. They would not have had their
homes sold to pay for their care. This is especially odd since the criteria for
the two Counties were precisely the same.
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This Council requests the relevant Council officers and the Oxfordshire
Primary Care Trust to liaise with their Buckinghamshire counterparts:
- to explain the difference in the proportions receiving fully funded NHS care
between the Counties in 2006/7
- to see if any of their policies or procedures should be amended to provide
a better result for Oxfordshire residents and
- to report their findings to the Social and Community Services Scrutiny
Committee, the Oxfordshire Joint Health Overview and Scrutiny
Committee and this Council as soon as possible.”
96/07 MOTION FROM COUNCILLOR NICK CARTER
(Agenda Item 19)
RESOLVED: (on a motion by Councillor Carter and seconded by
Councillor Mathew and carried by 34 votes to 6):
“At a time when this Council is participating with Oxfordshire businesses in
the development of a healthy and thriving economy in the county, the
Council calls on the Chancellor of the Exchequer to review his decision to
increase the capital gains taxes paid by small businesses to 18% which will
undermine enterprise in Oxfordshire.”
(Councillors Glass-Woodin, Simmons, D Turner, N Turner and Wise left the
room for this item.)
97/07 THE QUEEN AND
ANNIVERSARY
PRINCE
PHILIP’S
DIAMOND
WEDDING
The Chairman reported that The Queen and Prince Philip would be
celebrating their Diamond Wedding Anniversary this month.
RESOLVED: to ask the Chairman of the Council to send the Council’s
congratulations to The Queen and Prince Philip.
.......................................................................... in the Chair
Date of signing .......................................................... 2008
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