Meeting documents

109. WELCOME AND INTRODUCTIONS

110. EMERGENCY EVACUATION PROCEDURE

The Chair(person) drew attention to the emergency evacuation procedure as set out on the Agenda.

111. DECLARATIONS OF INTEREST

Councillor Curran declared a personal and prejudicial interest in item 16 "Play Grants to Voluntary Organisations" and withdrew from the meeting when this item was considered.

112. TO ANNOUNCE ANY URGENT BUSINESS AGREED BY THE CHAIR(PERSON)

Councillor Crossley announced that he would be taking agenda item 13 as the first main item, followed by agenda item 22, which would be heard in open session. For this to happen, the Executive brought forward agenda item 21 relating to Exclusion of the public, which follows.

113. EXCLUSION OF THE PUBLIC

The Leader acknowledged that, whilst the report at agenda item 22 had correctly been sent to Members as exempt material because it contained information which the Executive could consider in private session under paragraphs 1 and 12 of Part 1 of Schedule 12A of the Local Government Act 1972, it would be in the interests of openness and public accountability if the matter was heard in public. Accordingly, Councillor Crossley moved, Councillor Dawson seconded, and it was

RESOLVED that the report "District Auditor's Decision on Objection to Sale of Open Space" be dealt with in public session.

114. QUESTIONS FROM PUBLIC AND COUNCILLORS

The following people had given the appropriate notice of their request to ask a question of an Executive Member. The text of the questions and responses, including the supplementary questions, are contained in a Q&A document which is attached to the minutes electronically, once it has been finalised. The question from Alex Johnston was taken at this point, the other questions were taken when the relevant agenda item was reached.

Question from Councillor Pritchard regarding Re-shaping Social Services (item 11)

Question from Councillor Haeberling regarding the Paris Partnership Project (item 12)

Question from Alexander Johnston regarding the District Auditor's decision on the objection to the sale of open space (item 22). This question was read by Sue Johnston.

115. STATEMENTS, DEPUTATIONS OR PETITIONS FROM PUBLIC AND COUNCILLORS

The following people had given the appropriate notice of their intention to address the meeting and/or present a petition. All submissions were heard when the relevant agenda item was reached.

Kirsten Elliott presented a petition from residents regarding the mobile phone mast at Bear Flat and spoke in support of it.

Councillor Marian McNeir made a statement regarding mobile phone masts.

Anna Bull read a statement on behalf of Hanna Diamond.

116. MINUTES: WEDNESDAY 4TH DECEMBER 2002

On a motion from Councillor O'Flaherty, seconded by Councillor Curran, it was

RESOLVED that the minutes of the meeting held on Wednesday 4th December 2002 be confirmed as a correct record and signed by the Chair(person)

117. OVERVIEW AND SCRUTINY MANAGEMENT BOARD (REPORT 9).

Councillor Haeberling, Chair of the Overview and Scrutiny Management Board, chose not to take up the opportunity to address the Executive on this occasion.

118. FINANCIAL PLAN REVIEW 2003/04 - 2006/07 (REPORT 10).

Councillor Todd introduced this report explaining that it was the first time the Financial Plan would cover a period of four years, rather than three years. She explained that this had been produced in a context of uncertainty, with increased partnership working with external bodies, and other Council developments. The evidence-based financial planning approach had highlighted the following four themes as demanding more attention; safer communities, a cleaner and greener area, improving quality of life for the elderly and tackling traffic and congestion.

Councillor Todd then moved, seconded by Councillor Dawson, and it was

RESOLVED

(1) To approve the draft Financial Plan for submission to the Resources & Customer Service Overview & Scrutiny Panel for its comments, and to full Council for its approval;

(2) To authorise the Executive Member (Resource Planning & Support Services) to make presentational improvements to the draft Financial Plan prior to submission to Council.

119. RE-SHAPING SOCIAL SERVICES (REPORT 11).

Councillor Pritchard asked a question and a supplementary (details in Q&A document - minute number 114 refers).

Councillor Tapper introduced this report, explaining the continued upward pressure on the department and the budget, giving an example of paying increases last year of £20 per week for residential care, £30 per week for nursing care and £50 per week for elderly mentally infirm totalling an extra £1.1m per year. Councillor Tapper referred to section 11 of the report which covers the key themes for re-shaping. She explained that comments had been received from UNISON and circulated to the Executive Members. Councillor Tapper noted that these comments were valid but premature, as this was a broadly themed report. She hoped that Trade Unions' concerns would be raised through the Housing and Social Services Departmental Joint Consultative Committee as specific issues came up.

Councillor Tapper then moved, seconded by Councillor Hedges, and it was

RESOLVED

(1) That the Executive endorses the strategic framework set out in this report aimed at containing growth in Social Services spending to that proposed in the draft Financial Plan, and asks that the Strategic Director keeps under review all the administrative and overhead costs.

120. PARIS - STRATEGIC PARTNERSHIP PROJECT (REPORT 12).

Councillor Haeberling asked a question and supplementary (details in Q&A document - minute number 114 refers).

Comments were made from Councillors Reakes and Jovcic-Sas.

Councillor Todd then introduced the report. She explained the painstaking evaluation and judging process that had taken place, with the baseline being whether a bidder would achieve better cost-effectiveness and efficiency while adding value, than an in-house Council service could offer. Councillor Todd expressed her confidence in Bidder A and mentioned some positive results from the partnership Bidder A had had with Middlesborough Council over the last 18 months. Councillor Todd referred to the Trade Union comments that had been received and the meeting she had had with them the day before. She mentioned the great efforts the Council had made to engage and consult and the next stage would be for her to talk with staff who had any concerns. She confirmed that it remained the case that the contract would not be signed without staff support.

Councillor Todd then moved, seconded by Councillor Dawson who also spoke in support of this, and it was

RESOLVED

(1) To appoint bidder A as the preferred partner;

(2) to authorise the Resources Director to negotiate a draft contract and Partnership agreement with the Preferred Partner, subject to;

(a) it being in line with the objectives and principles set out by the Council in January 2002;

(b) further movement and clarification on the key areas identified in paragraph 7.3 of the report prior to any contract signature;

(c) a further review of the preferred partners financial standing prior to contract signature;

(d) keeping the option to calling bidder C in for discussions as a reserve bidder, should it become clear that the negotiations are proving unproductive;

(3) to delegate the Resources Director, in consultation with the Executive portfolio holder for Resources, to appoint a shadow board and to work with that board to define a programme of prioritised projects against which the contract will be negotiated;

(4) to require that the draft agreement be reported back to the Council Executive following these negotiations.

121. REVIEW OF THE COUNCIL'S POLICIES FOR DEALING WITH ALL MOBILE PHONE MAST PROPOSALS IN THE LIGHT OF NATIONAL DEVELOPMENTS (REPORT 13).

A petition was presented and two statements made (see minute number 115).

Councillor Crossley invited contributions from the public and other Councillors on this issue.

Councillor Gordon Wood, Convenor of the Corporate Issues and Partnerships Overview & Scrutiny Panel which had looked at this issue in depth, presented the Panel's findings. He acknowledged the highly emotive nature of this subject and the difficult balance that needed to be struck between economic and business considerations and the environment and health concerns. He commended the Panel's recommendations to the Executive.

Councillor Metcalfe spoke about the planning aspects of this report. He welcomed the thorough work of the Overview & Scrutiny Panel and recognised the complexities and contradictions surrounding this issue. With regard to planning policy, Councillor Metcalfe outlined the following areas as needing to be strengthened; pre-application discussion, environmental analysis, Health and Radiation Impact Analysis (HRIA). Councillor Metcalfe made reference to various pieces of research on mobile phone masts and mentioned that Deloitte and Touche were doing a review of compliance with the 10 commitments; copies of which he would make widely available when they were published.

Councillor Dawson then spoke about the property issues. She referred to a body of evidence which supported the health concerns and explained that she had been planning to ask the Executive to ban all new masts from Council owned property. However, as there was not sufficient supporting information with this report, legal advice had been to defer considering making that decision until such supporting information could be presented to the Executive. Councillor Dawson expressed her hope that this could be done as soon as possible.

Councillor Metcalfe then moved, seconded by Councillor Symonds (who spoke in support) and it was

RESOLVED

(1) That, with regard to the specific planning issues detailed in the following report;

(a) applicants should provide clear evidence at the registration stage that they have carried out full and proper pre-application discussion with all relevant parties, and submit details with their application of the issues raised through this discussion and how they have been taken into account (ref Panel recommendations 6 and 7);

(b) a robust appraisal be made of masts in environmentally sensitive areas and the Green Belt, and that operators be asked to submit a proper analysis of their consideration of alternative locations (ref Panel recommendation 3);

(c) the criteria-based policy in the Local Plan be endorsed, and the Oxford City Council approach be referred to the Local Plan Project Group for consideration (see Panel recommendations 4 and 5);

(d) applicants should submit a Health and Radiation Impact Analysis (H.R.I.A.) with all applications;

(e) the Local Plan Project Group be asked to consider the insertion of an appropriate clause in the criteria based policy relating to telecommunications within the Local Plan;

(f) the Overview and Scrutiny Panel's recommendations 8 (operators meeting annually with the local planning authority), 10 (a map showing the location of masts/base stations be published on the web site ) and 11 (information leaflets on mobile phones and masts) be endorsed and implemented - the timescales for the production of the map being subject to available resources;

(g) the Executive Member for Transportation and Planning Policy write to the Government raising the concerns identified in the Overview and Scrutiny Panel's report (paragraph 4 - Health);

(2) That the Executive ask the Head of Planning to write to the Government expressing concern that the Council is not permitted to introduce exclusion zones for the siting of masts.

Councillor Dawson then moved, seconded by Councillor Symonds, and it was

further RESOLVED

(3) That, with regard to the land ownership issues, the Council Executive is minded, in accordance with the precautionary principle, to adopt a policy to ban all new masts and antennae from Council-owned property. Regrettably, however, the report before the Council Executive at this meeting does not contain sufficient supporting information to justify such a decision, accordingly;

(a) the Executive asks Officers to prepare such a report as soon as possible for future consideration by the Council Executive, such report to include consideration of the duties of the Council as landowner.

122. LOCAL MANAGEMENT OF SCHOOLS (LMS) REVIEW - CONSULTATION RESPONSES (REPORT 14).

Councillor Curran introduced this report and thanked the officers for their work on this. He then moved, seconded by Councillor Dawson, and it was

RESOLVED

(1) To adopt the proposed funding formula for primary and secondary schools with effect from 1^st April 2003;

(2) Implement the secondary transitional arrangements proposed over a 3 year period;

(3) To implement the new formula factor for infant class size, to replace the DfES grant, with effect from 1^st April 2003 as proposed in the consultation;

(4) To consult further with primary schools as to the proposed methodology of implementation and transitional arrangements, at the earliest opportunity, to allow transitional arrangements to be in place on school budgets from 1^st April 2004; and

(5) To instruct officers to develop further methodologies of delivering resources to schools for pupils with statements of Special Educational Needs (SEN) and Additional Educational Needs (AEN) for implementation by April 2004.

123. EARLY YEARS DEVELOPMENT AND CHILDCARE IMPLEMENTATION PLAN 2003/04 (REPORT 15).

Councillor Curran introduced the report. He then moved, seconded by Councillor Dawson, and it was

RESOLVED that the Council be recommended to adopt the Early Years Development and Childcare Implementation Plan 2003/04, as attached to the report..

124. PLAY GRANTS TO VOLUNTARY ORGANISATIONS (REPORT 16).

[Councillor Curran withdrew from the meeting for the duration of this item, taking no part in discussion or decision-making.]

Councillor Crossley introduced this report and then moved, seconded by Councillor Dawson, and it was

RESOLVED that, subject to budget decisions (being made by the Council in February) the following 11 play providers and support organisations receive the funding indicated for 2003/04:

TOTAL £139,810.

125. LOCAL STRATEGIC PARTNERSHIP (LSP) BUSINESS PLAN - SEPTEMBER 2002 - APRIL 2003 (REPORT 17).

Councillor Crossley introduced this report and thanked the officers who had produced it and Robin Nicoll, current Chair of the Local Strategic Partnership (LSP). In response to comments regarding the extent of community representation this group achieved, Councillor Crossley reminded the meeting that this was not a Council led organisation but that its membership was currently under review, and he would pass back the comments calling for strengthening of the community representation on the Partnership.

Councillor Crossley then moved, seconded by Councillor Dawson, and it was

RESOLVED

(1) To note the report; and

(2) To welcome the business plan to date.

126. B&NES PERFORMANCE REPORT - HALF YEARLY UPDATE (REPORT 18).

On a motion from Councillor Dawson, seconded by Councillor Hedges, it was

RESOLVED to note the half-yearly summary of the Council performance against its published targets.

127. QUARTERLY PERFORMANCE REPORT FOR EDUCATION SERVICES (REPORT 19).

On a motion from Councillor Dawson, seconded by Councillor Hedges, it was

RESOLVED to note the report.

128. ENVIRONMENT FOUR MONTHLY PERFORMANCE REPORT (REPORT 20).

On a motion from Councillor Dawson, seconded by Councillor Hedges, it was

RESOLVED to note the report.

129. DISTRICT AUDITOR'S DECISION ON OBJECTION TO SALE OF OPEN SPACE (REPORT 22).

Councillor Crossley introduced Dennis Cooper, Senior Associate at Eversheds, who was in attendance and available to answer questions.

Councillor Jovcic-Sas made a statement regarding this issue; in particular regarding the three specific areas of open space land mentioned in paragraph 22, page 6 of Appendix 1 to the report, and querying who had selected these areas specifically. Councillor Crossley undertook to ensure that Councillor Jovcic-Sas would be provided with an answer in due course.

Councillor Crossley explained that this issue went back nearly three years and had been dealt with through independent external legal and procedural advice throughout. The District Auditor had made it clear there was no question of misconduct, let alone wilful misconduct by officers or Councillors and had determined not to take the matter further, and not to issue a public interest report. Well in advance of receipt of the conclusions of the District Auditor, procedures had been amended for any future transactions of a similar nature.

Councillor Crossley then moved, seconded by Councillor Metcalfe, and it was

RESOLVED to note the report, and in particular the views of the Monitoring Officer in paragraph 5 of the report.