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                                                                        Agenda Item No.

 

CABINET

 

Minutes of a meeting held on 23 September, 2013.

 

Present: Councillor N. Moore (Chairman); Councillors, S.C. Egan, B.E. Brooks, L. Burnett, R.F. Curtis, and G. John.

 

Apologies: Councillor: C.P.J. Elmore.

 

Also Present: Councillor N Hodges.

                                                    

C2022                        MINUTES –

                  

RESOLVED – T H A T the minutes of the meeting held on 9 September, 2013 be approved as a correct record.

 

C2023                        DECLARATIONS OF INTEREST –

 

No declarations were received.

 

 

C2024                        NEW BYELAWS – REGULATION OF ACCUPUNCTURE, TATTOOING, SEMI-PERMANENT SKIN COLOURING, COSMETIC PIERCING AND ELECTROLYSIS (REF) –

 

Licencing Committee on 3 September, 2013 considered the above report of the Director of Development Services.

 

Committee were requested to initiate the procedure to adopt Part VIII of the Local Government (Miscellaneous Provisions) Act 1982 (as amended) and to make new byelaws in connection with the regulation of acupuncture, tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis under the Act.

 

Local authorities were responsible for the regulation and control of businesses carrying out the procedures of acupuncture, tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis.  The main powers to do this were provided under Sections 14 and 15 of the Local Government (Miscellaneous Provisions) Act 1982 (as amended by the Local Government Act 2003).

 

The Council had existing byelaws which regulated tattooing, acupuncture, ear piercing and electrolysis.  These dated back to January 1985 and did not cover the broader spectrum of cosmetic piercing and semi-permanent skin colouring.

 

In recognition of the medical risks attached to all of these procedures, particularly as a result of inappropriate sterilisation of needles, the Welsh Government had produced a new draft set of model byelaws which consolidated the previous byelaws and the new requirements under the amendments to the 1982 Act and which reflected current infection control advise and industry practice. 

 

Public Protection Services now required the Council to adopt the new model byelaws as the Council's byelaws in the regulation of these matters.  The existing byelaws would need to be revoked. 

 

As part of the process, draft byelaws based on the model but specific to the Vale of Glamorgan had been prepared and submitted for initial consultation with Welsh Government.  Provisional approval had been received for the English version of the new byelaws on 1st August 2013.  Due to capacity issues at the Welsh Government Public Protection Services had been informed that the Welsh version would be considered once the Council had made the appropriate resolution to Part VIII of the 1982 Act and made the byelaws. 

 

Prior to making and implementing the new byelaws, the Council must first resolve to adopt Part VIII of the 1982 Act.  There was a statutory procedure for adopting the relevant sections and once the Council had resolved to adopt the said provisions, and pursuant to Section 13 of the 1982 Act:

 

·                the Council should publish a notice in two consecutive weeks in a local newspaper circulating in the area

·                the notice must state the date upon which the provisions are to come into force in the area

·                one month must pass between the day on which the resolution was passed and the first date of coming into force

·                the first publication must not be later than 28 days before the day specified in the resolution for the coming into force of the provisions in the local authority's area.

 

Once Part VIII of the 1982 Act had been adopted, the Council could make byelaws under Sections 14 and 15 of that Act pursuant to the procedure for making byelaws under Section 236 of the Local Government Act 1972.  The procedure would be as follows:

 

·                the new byelaws must be made by the Council under its Common Seal and signed

·                a notice of the Council's intention to apply to the Welsh Ministers for confirmation of the byelaws must be given in one or more newspapers circulating in the area

·                for at least one month after the date of publication of the notice a copy of the byelaws must be held on deposit at Council offices for inspection by the public

·                an application to the Welsh Ministers for confirmation should not be made until the month of deposit has expired.

 

The byelaws will not have effect until confirmed by the Welsh Ministers.  The Welsh Ministers will also determine a date upon which the byelaws are to come into force.

 

Under the Council's Constitution, the matter of adopting Part VIII of the 1982 Act and making and revoking byelaws are matters for Full Council.  It was therefore necessary to make the appropriate references to Council. 

 

RESOLVED – 

 

(1)       T H A T Council be recommended to make a resolution to adopt the provisions of Part VIII of the Local Government (Miscellaneous Provisions) Act 1982 in respect of the Vale of Glamorgan County Borough area and that the provisions come into force on 26th October, 2013.

 

(2)       T H A T the new consolidated model byelaws for the control of acupuncture, tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis as set out at Appendix A to the report be endorsed.

 

(3)       T H A T Council be recommended to make byelaws relating to acupuncture, tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis in the form of the new consolidated model byelaws as set out at Appendix A to the report and that the byelaws be submitted to the Welsh Ministers for confirmation.

 

(4)       T H A T Council be recommended to revoke all current byelaws relating to acupuncture, tattooing, ear piercing and electrolysis with effect from the date the new byelaws come into effect as determined by the Welsh Ministers.

 

(5)       T H A T Council be recommended to authorise the Head of Legal Services, in consultation with the Director of Development Services to carry out all the necessary procedures in connection with the adoption of Part VIII of the Local Government (Miscellaneous Provisions) Act 1982 and the making, confirmation and implementation of the new byelaws.

 

(6)       T H A T Council be recommended to authorise the Head of Legal Services to seal and date the byelaws on behalf of the Council.

 

(7)       T H A T the report be referred to Cabinet for information.

 

Reasons for decisions

 

(1)       To ensure the Council is able to evidence that it has adopted Part VIII of the Local Government (Miscellaneous Provisions) Act 1982.

 

(2)       To ensure the medical risks associated with acupuncture, tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis are effectively controlled and local byelaws reflect current infection control advice are industry best practice.

 

(3)       To enable Council to make the new byelaws.

 

(4)       To revoke the existing byelaws which do not reflect current infection control advice and industry best practice.

 

(5)       To ensure that Part VIII of the 1982 Act and the proposed new byelaws are adopted and implemented in accordance with legislative requirements and the Council's Constitution.

 

(6)       To ensure the proposed new byelaws are adopted in accordance with legislative requirements and the Council's Constitution.

 

(7)       To ensure Cabinet are aware of the proposed new byelaws.

 

----------------------------------------------

 

 

Cabinet, having considered the recommendation of the Licensing Committee

 

RESOLVED – T H A T the report be noted.

 

Reason for decision

 

To be aware of the proposed new Byelaws.

 

 

C2025                        IMPROVEMENT PLAN 2013/14 (MD) (SCRUTINY – ALL) –

 

Members were presented with the draft Improvement Plan for 2013/14, which contained performance and improvement information for improvement objectives agreed in April 2012.

 

The council's part 1 Improvement Plan for 2012/13 was agreed by Cabinet on 18 April 2012 (minute No. C1708). The plan set improvement objectives for 2012/13.

 

The part 2 Improvement Plan was a document primarily looking back over 2012/13. It contained key performance measures along with targets and actions for 2012/13. Where available, it contained Welsh average performance for benchmarking purposes.

 

The performance information would be used by the Wales Audit Office to assess the council’s capacity to improve, and therefore was of critical importance to the reputation of the council.

 

The plan was substantially complete, although further minor amendments would be required following changes to performance information provided by the Local Government Data Unit. This information would need to be included prior to the plan being published.

 

 This was a matter for Council.

 

RESOLVED – 

 

(1)       T H A T the Improvement Plan for 2013/14 be endorsed by Cabinet.

 

(2)       T H A T the Leader and Managing Director be given delegated authority to make minor changes to the Plan prior to publication.

 

Reasons for decisions

 

(1)       To ensure that actions are taken to improve the performance of the council.

 

(2)       In order to reflect any urgent changes to revised information or data.

 

 

C2026                        QUARTER 1 PERFORMANCE REPORT 2013/14 (L) (SCRUTINY – ALL) –

 

Members were presented with performance results for quarter 1, 1 April - 30 June, 2013-14.

 

Service plans for 2013/14 had been revised in accordance with the proposal for improvement and were designed to focus on the achievement of key objectives within each directorate which would in turn contribute towards the achievement of identified outcomes.  Service plans reflected the revised Corporate Plan 2013-17.

 

Quarterly performance reports had been revised to reflect the new service plans and were designed to ensure the council reported performance in the context of progress against its objectives.  A new framework had been developed in Ffynnon to record performance information against objectives.

 

Overall, the council was well on course to achieve its priorities for 2013/14 as outlined in the Corporate Plan for 2013-17. Of 180 corporate plan related actions, 84% (149) were either completed or on track, 9% (17) had slipped, 6% (11) had not started but were due to, 1 action had not been updated at the time the report was produced and 2 actions were not due to start until quarter 2.

 

The priorities outlined in the council's Improvement Plan Part 1 (2013/14), were well on track to be achieved with 25 actions (84%) either completed or on track. 4 actions (13%) had slipped and 1 (3%) had not started but was due to have.

 

There were no Outcome Agreement actions in place as no final guidance had been received from Welsh Government.

 

Appropriate remedial action had been proposed by services in order to ensure identified underperformance was addressed.  A detailed report of the council's overall performance by directorate for quarter 1 of 2013/14 was provided in Appendix 1 to the report.

 

This was a matter for Executive decision.

 

RESOLVED – 

 

(1)       T H A T service performance results and remedial actions to be taken to address service underperformance be noted.

 

(2)       T H A T progress to date in achieving key outcomes as outlined in the Corporate Plan 2013-17 and the Improvement Plan Part 1 2013/14 be noted.

 

Reasons for decisions

 

(1&2)      To ensure the council was effectively assessing its performance in line with the requirement to secure continuous improvement outlined in the Local Government Measure (Wales) 2009. To consider the quarter 1 performance results as at 30th June 2013 in order to identify service areas for improvement work and to meet the Auditor General, Wales' improvement proposal to ensure that:

 

·         intentions were expressed in a way which allowed progress to be measured; and that

·         reporting arrangements consistently provide members with an evaluation of performance in the context of the objectives the council was aiming to achieve.

·         to enable the council to demonstrate achievement of its objectives and identified outcomes.

 

 

C2027                        CAPITAL MONITORING REPORT FOR THE PERIOD 1ST APRIL TO 31ST JULY 2013 (L) (SCRUTINY – ALL) –

 

Members were apprised of the progress of the 2013/14 Capital Programme for the period 1st April 2013 to 31st July 2013.

 

Council, on 6 March, 2013 (Minute No. C942) approved the proposed capital programme for 2013/14.

 

Appendix 1, as attached to the report detailed the financial progress on the Capital Programme as at 31st July 2013.

 

For all schemes where it was evident that the full year's budget would not be spent during the year, the relevant officers were required to provide an explanation for the shortfall.

 

Appendix 2 as attached to the report provided non-financial information on capital construction schemes with a budget of over £100K.   Where a budget shown in Appendix 1 was more than £100K but was made up of several schemes that individually were less than £100K, the scheme was not included in Appendix 2.

 

Learning and Skills

Ysgol Nant Talwg - WG had recently issued its allocation for the 21st Century Schools Funding and had confirmed that, subject to completion of a business case to WG, grant funding of £1.2M had been allocated to this scheme for 2013/14. This was an increase of £200k on the initial 2013/14 budget but was merely a re-phasing of grant rather than additional grant so it was hereby requested that the 2013/14 capital budget be increased by £200K and the 2014/15 capital budget be reduced by £200K to reflect the switch.

 

Cabinet on 29 July, 2013 approved the demolition of the former St Cyres Comprehensive School buildings which were suffering high levels of vandalism whilst lying empty. It had been estimated that the costs of demolition were £300,000 and would be funded from the School Investment Strategy fund, which would be reimbursed by capital receipts. In order to record this capital expenditure it was requested that the sum be included in the 2013/14 capital programme.

 

Visible Services and Housing

There continued to be issues with the Coldbrook Flood Management scheme and the Director of Visible Services and Housing would present a report to update Members.

 

Variance between Actual Spend to date and Profiled Spend

Cabinet had previously agreed that further information would be provided where schemes had a value of over £500K and showed a variance of 20% or more between actual spend and the profile. The following schemes met these criteria:-

 

  • Welsh Housing Quality Standard - the initial planned profiled expenditure on WHQS schemes was based upon an average of anticipated required defined works per property. The actual level of expenditure was determined via the validation surveys (six weeks prior to actual works). Clearly, because of this, variances against this profile could be encountered each month.
  • Local Road Network Improvements - contrary to the initial work plan, smaller resurfacing contracts around the urban area of Barry had been undertaken. However, over the last month, works had been undertaken in the rural Vale and the works programme was now back on track.

 This was a matter in part for Executive and in part for Council decision.

 

RESOLVED  –   

 

(1)       T H A T it be recommended to Council to increase the budget for Ysgol Nant Talwg to £1.2M (additional £200K Welsh Government grant funded).

 

(2)       T H A T a budget of £300K be approved for the demolition of St Cyres Comprehensive School, funded initially from the School Investment Strategy.

 

Reason for decisions

 

(1&2)  To allow schemes to proceed in the current or future financial years.

 

 

C2028                        REVENUE MONITORING FOR THE PERIOD 1ST APRIL 2013 TO 31ST JULY 2013 (L) (SCRUTINY – ALL) –

                

Members were advised of the progress of revenue expenditure for the period 1st April, 2013 to 31st July, 2013.

 

Council on 6 March, 2013 (Minute No 943 and 941 respectively refers) approved the Revenue Budget and Housing Revenue Account budget for 2013/14. The Budget information was subdivided by cabinet members’ portfolio within each Directorate.

 

The projected out turn for the 2013/14 Revenue Budget was shown in comparison with the Revenue Budget at Appendix ‘1'. Overall, the forecast was for the Council to have a balanced revenue budget. The forecast was for an estimated balanced budget on the Housing Revenue Account.

 

The current forecast for Social Services indicated an overspend at the year end of £673k. This was after deducting savings identified for the year of £2.04m. Learning and skills, Visible and Housing Services and Development Services were all forecast for a balanced budget.

 

At the meeting the Deputy Leader and Cabinet Member for Adult Services highlighted to members paragraph 17 of the report  by stating that both he and the Leader  intended to raise this issue of the Social Services projected overspend at the next meeting of the Social Services Budget Group.

 

The Cabinet Member for Leisure, Parks, Culture and Sports Development highlighted to members paragraph 22 of the report stating that he would be meeting with the Director  and Operational Manager for Visible  Services to review the potential overspend.

 

 

This was a matter for Executive decision.

                

RESOLVED – T H A T the position with regard to the Authority’s 2013/14 Revenue Budget be noted.

 

Reason for decision

 

To inform Members of the projected revenue outturn for 2013/14.      

 

 

C2029                        SCHOOL REORGANISATION PROPOSALS FOR WELSH MEDIUM PRIMARY SCHOOL PLACES IN BARRY: YSGOL GWAUN Y NANT AND OAKFIELD PRIMARY SCHOOL (CS) (SCRUTINY – CORPORATE RESOURCES) –

 

Approval was sought to expand Ysgol Gwaun y Nant in order to provide sufficient Welsh medium primary school places in Barry.

 

Welsh Medium primary education was currently provided at four schools in Barry: Ysgol St Curig, Ysgol St Baruc, Ysgol Nant Talwg and Ysgol Gwaun y Nant.

 

There were 150 applications for September 2013 for the 150 reception places available. There were158 children in nursery classes who it was anticipated would require a reception place in 2014, resulting in a shortfall of eight places.  This figure may have increased before September 2014.

 

This growth in demand was expected to continue for the foreseeable future. The Local Authority had a legal duty to meet parental demand for Welsh Medium education.

 

A feasibility study had been carried out which considered a range of options including the expansion of existing Welsh medium schools in Barry and the construction of a new school to meet this increasing demand.

 

Ysgol Gwaun y Nant and Oakfield Primary school both occupied separate parts of a former two form entry (420 place) primary school. The most favourable option was determined to be the construction of a new one form entry (210 place) building to accommodate Oakfield Primary on the existing site and the remodelling of the building occupied by Ysgol Gwaun y Nant and Oakfield Primary to enlarge Ysgol Gwaun y Nant to accommodate 420 children plus an enlarged nursery.

 

An extension to Ysgol Gwaun y Nant would not result in any improvements to the children's learning areas at Oakfield Primary school.

 

The preferred option would significantly improve the teaching and learning environments for both schools by addressing the poor internal layout and provide two schools that met the educational needs of the 21st Century.

 

It was anticipated that building work could start on the new Oakfield Primary school building in November 2014 for completion by September 2015. Once the new building was complete, remodelling work could be carried out in the existing school building to increase capacity for Ysgol Gwaun y Nant.

 

A consultation document must be provided to all interested parties allowing a minimum of six weeks to respond, the consultation period must include a minimum of 20 school days. Meetings would be held during the consultation period to provide additional information as requested.

 

Within three months of the closing date for the consultation period a consultation report would be published including a summary of comments received and the Council's response to these comments.

 

If following the consultation process the Council decided that the expansion of Ysgol Gwaun y Nant was to be progressed a statutory notice would be published providing 28 days for objections. The notice must be published on a school day and with 15 school days included within the notice period.

 

If objections were received, an objection report must be published with a summary of the objections and the Council's response within 28 days of the end of the objection period. Under the new legislation coming into force on the 1 October 2013, as the proposal did not relate to 6th form education, the Local Authority could determine the proposal if objections were received.

 

Appendix B as attached to the report, set out the anticipated timescale for this process if approved by Cabinet.

 

This was a matter for Executive decision.

 

RESOLVED – 

 

(1)       T H A T the preferred option to expand Ysgol Gwaun y Nant from one to two form entry and to provide a new building for Oakfield Primary school on the current site be approved.

 

(2)       T H A T consultation on the expansion of Ysgol Gwaun y Nant from a one to two form entry school be approved.

 

(3)       T H A T the report be referred to Scrutiny Committee (Lifelong Learning) and from there onto the Scrutiny Committee (Corporate Resources) for consideration.

 

Reason for decisions

 

(1&2)  To enable the expansion of Welsh Medium education to meet increasing parental          demand.

 

(3)       That Scrutiny Committees (Lifelong Learning and Corporate Resources) are aware of progress with school re-organisation.

 

C2030                        ENHANCEMENT OF THE SHARED WALKING AND CYCLING PATH ALONG THE ROUTE OF THE DISUSED RAILWAY LINE IN PENARTH (RIPT) (SCRUTINY – ECONOMY AND ENVIRONMENT) –

 

Approval was sought for the preferred scheme and the commencement of works.

 

Possible cycle routes in the Vale of Glamorgan had been reviewed over many years. Initial work took place in 2004 and in 2008 an independent study provided advice on a preferred set of routes for the National Cycle Network in the Vale. Work since then had centred on those routes.

 

The current scheme was one of those identified in the 2008 study it sought to link the town centre with Cosmeston along the former railway line. The scheme involved the provision of an all-weather, all-abilities surface which would run for a length of approximately 2 kilometres and would cater for the needs of a wider variety of users (walkers, shoppers, school children, walking and cycling commuters, buggies, wheel chairs and disabled scooters. It should be noted that stone dust paths were inaccessible to self-propelled wheelchair users).

 

The route was a vitally important element of the developing network of walking and cycling routes across the Vale of Glamorgan.  And the scheme had been peer reviewed by officers within Sewta as part of the approval process.

 

The scheme had a mixed response and in response to concerns raised, the Cabinet member Regeneration, Innovation Planning and Transportation and relevant officers attended an exhibition of the draft scheme plans to answer questions from the residents and public relating to the scheme. Officers also produced a handout which is attached Appendix B to the report|.

 

An application for a Certificate of Lawful Development was submitted to the Planning Department  and the Planning Committee on 5th September confirmed that the scheme would not require the submission of a planning application.

 

The main concerns expressed related to :

 

  • The width and surface of the scheme.
  • The possible impact of the scheme on the existing habitat.
  •  The impact of the scheme on the grassed area at Sully Terrace.
  • The perceived risk of flooding.
  • The perceived risk of speeding cyclists.
  • Possible conflict between users

 

In response to some concerns the proposal now incorporated a change from tarmac to a resin bonded surface for the section of the route which ran through the grassed area at Sully Terrace.

 

Furthermore, an additional habitat review and a tree survey was being carried out to ensure adherence to the most appropriate route and construction methodology.

 

There was currently an application for the grassed area at Sully Terrace to be considered a village green. That application was being dealt separately by officers in Legal Services as the Registration Authority and would be taken to the Licensing Committee in due course.

 

The proposed scheme also contributed to the achievement of a wide range of national and local policy initiatives.

 

This was a matter for Executive decision.

 

At the meeting the Cabinet Member for Regeneration, Innovation Planning and Transportation highlighted that the following change be made to paragraph 12 of the report, that the ‘’Council’s Legal team’’ be replaced with ‘’officers in Legal Services as the Registration Authority’’.

 

RESOLVED – 

 

(1)       T H A T the progress made to date be noted.

 

(2)       T H A T the Director of Development Services, in consultation with the Cabinet Member for Regeneration, Innovation, Planning and Transportation, be authorised to approve the preferred scheme as indicated in the report and agree the commencement of works.

 

(3)       T H A T delegated authority be granted to the Director of Development Services in consultation with the Cabinet Member for Regeneration, Innovation, Planning and Transportation to agree any necessary amendments to the scheme during the implementation.

 

Reasons for decisions

 

(1)       To provide a full update on the proposal.

 

(2)       To enable works to commence in order to meet the programme requirements.

 

(3)       To enable any necessary amendments to the scheme to be approved and implemented.

 

 

C2031                        FUTURE REPROCESSING OF MUNICIPAL DRY RECYCLATE (EVS) (SCRUTINY – ECONOMY AND ENVIRONMENT) –

 

Members were informed of the current position with the Council's reprocessing arrangements for municipal dry recycling.

                               

In January 2012 Caerphilly County Borough Council (CCBC) placed an OJEU Notice with 'Buy 4 Wales' for the procurement of a suitably qualified and experienced contractor to provide a 'Material Recovery Facility' for municipal dry recycling. Although initially including 5 South East Wales local Authorities, the completed procurement related only to the Vale of Glamorgan and CCBC.

The successful bidder for the joint procurement was SITA UK Ltd.

 

Since this date it had not been possible for CCBC to progress its contractual arrangements with SITA and there was now no likelihood of this matter being resolved such that the Vale of Glamorgan could make use of the service offered by SITA, without breaching EC procurement rules.

 

As there was likely to be no prompt resolution to this dispute it was necessary for the Council to procure its own dry recycling treatment service in order to ensure the provision of a compliant long term contract for the Authority. This process would however take up to 4 months to complete due to the legislative timeframes for contracts of such a value and there would therefore also be a requirement for an interim contractual arrangement from 1st October, 2013 to 31st January, 2014.

 

Biffa Municipal Limited (BIFFA) had already confirmed their willingness to continue to provide the Council with an extended contract to the 1st October, 2013 and subject to Cabinet's approval, this had now been confirmed up until the 31st January, 2014.  They however had informed officers that their current arrangement was not financially viable and that they could not continue to provide the Vale of Glamorgan processing at the same price as the previous contract in future.  They had also confirmed that they would not be submitting a bid for any longer term contract after this date.  Details of Biffa's proposed new charges were provided within a separate PART II report to this Cabinet considered later on the Agenda.

 

As Biffa were not prepared to match their existing service charge for any further extension of their services, enquiries had been made with SITESERV Ltd in Llandow, D C Smith Caerphilly and SITA to establish capacity and price for processing the Vale's recycling during the interim period when the main contract was being procured. Details of the prices received were shown within aforementioned Part II report.

 

Whilst Biffa had shown considerable support to the Council since March 31st this year when their contract for re-processing our recyclate ended, for which officers were grateful, the proposed decision to award an interim contract to SiteServ, whilst the main procurement process was progressing, was based on the fact that their price demonstrates 'best value' for the period; 1st October, 2013 to 31st January, 2014.

 

This was a matter for Executive decision.

 

RESOLVED – 

 

(1)       T H A T the Director of Visible Services and Housing be authorised to progress a formal procurement process for the treatment of all dry municipal recycling.

 

(2)       T H A T after full consideration of the financial details contained within a further report on this agenda at Part II, the use of SiteServ as an interim service provider be agreed from 1st October, 2013 to 31st January, 2014, for the treatment of the Council's dry recycling.

 

(3)       T H A T the Director of Visible Services and Housing be authorised to formally withdraw from the agreement with Caerphilly County Borough Council for the joint procurement of future recycling reprocessing.

 

(4)       T H A T the Head of Legal Services be authorised to agree the terms of the interim contractual arrangement with SiteServ.

 

Reasons for decisions

 

(1)       To enable a formal procurement process to progress.

 

(2)       To ensure that there is an appropriate interim contract arrangement in place that represents the best value to this Council.

 

(3)       To formally end any commitment to participate within the recycling contract jointly procured with Caerphilly County Borough Council for the treatment of dry recycling.

 

(4)       To allow the interim contract to be formally adopted.

 

 

C2032                        MATTER WHICH THE CHAIRMAN HAD DECIDED WAS URGENT

 

RESOLVED - T H A T the following matter, which the Chairman had decided was urgent for the reason given beneath the minute heading be considered.

 

C2033                        PROVISION OF TEMPORARY CHANGING FACILITIES – JENNER PARK STADIUM (LPCSD) (SCRUTINY – CORPORATE RESOURCES) –

 

Matter for which the Chairman had decided was urgent by reason of the need to take action to ensure the continued use of Jenner Park Stadium

 

Approval was sought for the installation of temporary changing facilities at Jenner Park Stadium.

 

There was a lease agreement in place for the operation and management of the bar and club house at Jenner Park Stadium.  This lease agreement required the leaseholder to ensure that the current changing facilities, which were integral to the bar and club house building, were available for use by the Vale of Glamorgan Council. 

 

Officers had recently become aware of an imminent threat to the provision of utility supplies for the bar, club house and changing rooms which were the responsibility of the leaseholder.  The Council was unable to intervene in this matter as any problems in this regard were strictly between the leaseholder and the utility companies concerned.

 

In view of the imminent risk to utility supplies for the changing rooms, it was proposed that the Council install temporary changing facilities at a location shown at Appendix ‘A’, as attached to the report, to ensure the continued use of Jenner Park for certain sporting events, in particular higher league and international football matches whilst any issues between the Council and the leaseholder were being resolved. 

 

At its meeting of 22nd April 2013 (Minute No. C1312), Cabinet granted Barry Town FC Supporters Club (supporting Barry Town United AFC) and Rhoose FC primary and secondary user status for Jenner Park respectively.  Both Clubs paid £280 per game via this licence agreement and whilst the provision of suitable changing facilities was not detailed within the licence, it could be reasonably expected that such a provision would be available throughout the licence period, as suitable changing arrangements were a minimum requirement of the administrative bodies for all senior football leagues. 

 

Competitive quotations had been sought for temporary changing rooms, and based on a provisional hire period of 26 weeks, the hire cost for facilities that would meet Welsh Football League minimum standards would be £7,846.  In addition to this there would be connection costs for water, sewage and electricity and service costs for such.  These costs were still being calculated though they were not expected to exceed £7k.  A budget figure estimate for the full 26 week period was circa £15k.

 

The Urgent Decision Procedure was requested in this case as the lead time for the delivery of the temporary buildings was 14 days.  Even with these procedures it was likely that the Council would be without suitably serviced changing facilities for a short period due to the imminent risk to utility services for the main building.

 

The alternative changing facilities were temporary buildings that would be installed on the Council's own land.  Initial advice from the Council's Planning Department indicated that the buildings were able to be installed under permitted development rights.  If ultimately there were any issues with legal permissions in respect of the installations, these would be sought retrospectively.

 

The Clubs that would be mostly affected by the absence of changing facilities would be Barry Town United and Rhoose FC, however, the Stadium had recently been used by the Welsh FA for International matches and it was also the venue for the Vale of Glamorgan League Cup Finals for both youth and senior football.  If no suitable changing provision was available this would effectively prevent Jenner Park from being used for all football matches. 

 

Members were also informed that there was a serious risk to the position of both Barry Town United AFC and Rhoose FC in the Welsh League if there was any loss of suitable changing facilities at Jenner Park.

 

This was a matter for Executive decision.

 

RESOLVED – 

 

(1)       T H A T the Director of Visible Services and Housing in consultation with the Cabinet Member for Leisure, Parks, Culture and Sport Development be authorised to install temporary changing facilities at Jenner Park.

 

(2)       T H A T the Director of Visible Services and Housing be authorised to obtain all relevant statutory permissions for the installation of the temporary facilities.

 

(3)       T H A T the costs of the temporary facilities for the 2013 / 2014 football season be fully funded from Visible Services Reserves.

 

(4)       T H A T the use of the urgency procedure under article 13 of the Council's Constitution be agreed in order that immediate action can be taken to ensure the continued use of Jenner Park Stadium through the provision of adequate temporary changing facilities for 2013/14.

 

Reasons for decisions

 

(1)       To ensure the continued use of Jenner Park Stadium for sporting events for 2013 / 2014.

 

(2)       To ensure all relevant permissions were in place.

 

(3)       To ensure that licence holders and other users of Jenner Park do not face any additional financial burden as a result of a situation over which they have had no control and would not have budgeted for.

 

(4)       To ensure that adequate changing facilities were available at Jenner Park for this period.

 

C2034           EXCLUSION OF PRESS AND PUBLIC -

RESOLVED - T H A T under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Part 4 of Schedule 12A (as amended) of the Act, the relevant paragraphs of the Schedule being referred to in brackets after the minute heading.

 

C2035                        FUTURE REPROCESSING OF MUNICIPAL DRY RECYCLATE (EVS) (EXEMPT INFORMATION – PARAGRAPH 14) (SCRUTINY – ECONOMY AND ENVIRONMENT) –

 

Members were apprised of the commercially sensitive financial information necessary to take a decision on a recommendation contained within the previous Part I report concerning the future reprocessing of the Council's dry recyclate.

 

This was a matter for Executive decision.                

 

RESOLVED – T H A T recommendation 2, detailed within the previous Part I report, awarding the interim contract for recycling reprocessing to SiteServ, be approved.

 

Reason for decision

 

To ensure that Cabinet had the benefit of the financial information necessary to make a suitably informed decision on the most appropriate interim service provider.

 

 

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