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Agenda Item No.

 

CABINET

 

Minutes of a meeting held on 28 July, 2014.

 

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

 

C2405                        MINUTES –

 

REOLVED – T H A T the minutes of the meeting held on 14 July, 2014 be approved as a correct record.

 

C2406            DECLARATIONS OF INTEREST –

 

The following declarations of interest were received:

 

Councillor L. Burnett.

Agenda Item No. 5 - Community Action Self Help (CASH) Scheme 2014/15 -

 

Reason for Declaration –

A Member of Penarth Town Council.

 

Agenda Item No. 15 - Barry Regeneration Project Development Fund for the years 2014/15 to 2016/17 -

 

Reason for Declaration –

A Local Authority (LA) Appointee to Barry YMCA Board. As an LA Appointee, her personal interest did not equate to a prejudicial interest and therefore she was able to speak and vote on the matter.

 

Agenda Item No.  16 - Welsh Government Tackling Poverty Fund – Vale of Glamorgan Council Grant Application for the Settlement of Barry -

 

Reason for Declaration –

A Local Authority (LA) Appointee to Barry YMCA Board. As an LA Appointee, her personal interest did not equate to a prejudicial interest and therefore she was able to speak and vote on the matter.

 

Councillor C.P.J. Elmore.

Agenda Item No. 15 - Barry Regeneration Project Development Fund for the years 2014/15 to 2016/17 -

 

 

Reason for Declaration –

A Local Authority (LA) Appointee to Barry YMCA Board. As an LA Appointee, his personal interest did not equate to a prejudicial interest and therefore he was able to speak and vote on the matter.

 

Agenda Item No. 16 - Welsh Government Tackling Poverty Fund – Vale of Glamorgan Council Grant Application for the Settlement of Barry -

 

Reason for Declaration –

A Local Authority (LA) Appointee to Barry YMCA Board. As an LA Appointee, his personal interest did not equate to a prejudicial interest and therefore he was able to speak and vote on the matter.

 

 

Councillor R.F.Curtis.

Agenda Item No. 19 - Ysgol Gwaun y Nant/Oak Field Primary School: Acceptance of Tender –

 

Reason for Declaration –

A Local Education Authority (LEA) appointed Governor at Oakfield Primary School. As an LEA Governor, his personal interest did not equate to a prejudicial interest and therefore he was able to speak and vote on the matter.

 

Agenda Item No. 22 - Ysgol Gwaun y Nant/Oak Field Primary School: Acceptance of Tender –

 

Reason for Declaration –

A Local Education Authority (LEA) appointed Governor at Oakfield Primary School. As an LEA Governor, his personal interest did not equate to a prejudicial interest and therefore he was able to speak and vote on the matter.

 

S. Davies.

Agenda Item No. 20 – Insurance Indemnity for Returning Officer and Election Staff –

 

Reason for Declaration –

Returning Officer for the Council.

 

 

 

C2407                        REVIEW OF POLLING DISTRICTS, POLLING PLACES AND POLLING STATIONS (MD) (SCRUTINY COMMITTEE – CORPORATE RESOURCES) –

 

Cabinet were informed of the process for the review of polling districts, polling places and polling stations in accordance with the Electoral Administration Act 2006.

 

The Council had a duty under s.18(1) and Schedule A1 of the Representation of the People Act 1983 to divide its area into polling districts for the purpose of parliamentary elections, to designate a polling place for each polling district and to keep those districts under review in accordance with the rules described in s.18(2) of the Representation of the People Act 1983

 

The Council must during each compulsory review period carry out and complete a review of all the polling districts in its area within a period of 16 months beginning with 1 October, 2013 and a review of all its polling places in its area within the period of 16 months beginning with 1 October of every fifth year after that.  In compliance with the regulations the next review must be undertaken with any changes implemented by the end of January 2015. 

 

The project plan attached at Appendix 1 to the report, incorporated the key statutory requirements for the review which were outlined below:

 

1. Appointed project team to undertake review of polling districts and polling stations;

 

2. Carried out research and produced initial proposals in consultation with the Returning Officer.

 

As part of the review process the Council must have also sought to ensure that:

 

It considered representations made by any person in connection with a review of polling places which may have included proposals for specified alternative polling places;

 

All electors in the constituency had reasonable facilities for voting as were practicable in the circumstances;

 

Polling places were accessible to all electors as far as was practicable and, when considering the designation of polling stations, had regard to the accessibility needs of disabled persons.

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T the key requirements in conducting a statutory review of polling districts; polling places and polling stations in accordance with the provisions of s.18C  and Schedule A1 of the Representation of the People Act 1983 enacted by s.16 of the Electoral Administration Act 2006 be noted.

 

(2)       T H A T the timetable contained within the project plan at Appendix 1 as attached to the report and the statutory requirements to carry out a review of polling districts; polling places and polling stations be agreed.

 

Reasons for decisions

 

(1)       To note the key requirements in conducting the statutory review of polling districts, polling places and polling stations as identified in Section 18C and Schedule A1 of the representation of the People Act 1983.

 

(2)       To comply with the Electoral Administration Act 2006.

 

C2408                        COMMUNITY ACTION SELF HELP (CASH) SCHEME 2014/15 (L) (SCRUTINY COMMITTEE – CORPORATE RESOURCES) –

 

On consideration of this item, the Cabinet Member for Regeneration, Innovation, Planning and Transportation left the meeting and took no part in the discussions.

 

Approval was sought on the awarding of CASH grants for the period 2014/15.

 

Details of the applications received together with the grants recommended were set out at Appendix A as attached to the report.

 

The scheme's ˜Conditions and Criteria’ was set out at Appendix B to the report.

 

This was a matter for Executive decision.

 

RESOLVED – T H A T grants be approved as set out in Appendix A as attached to the report.

 

Reason for decision

 

To progress grants in accordance with the approved scheme.

 

C2409                        CLOSURE OF ACCOUNTS 2013/14 (L) (SCRUTINY COMMITTEE – CORPORATE RESOURCES) –

 

Cabinet were informed of the provisional financial position of the Council for the 2013/14 financial year and were provided with provisional outturn figures for the Council. The Statement of Accounts would be approved by Council by 30 September which would normally follow the audit.

 

The Council on 6 March, 2013 (Minute No.943) agreed the Authority’s budget requirement for 2013/14. This represented estimated net expenditure for the Authority of £218.734m. Total expenditure was to be financed by Revenue Support Grant (£125.547m), National Non-Domestic Rates contribution (£38.832m), an additional grant for the Council Tax Reduction Scheme (£0.788m) and Council Taxpayers (£53.567m). The Standard Spending Assessment (SSA) for the year was £219.212m.

 

The revenue estimates had been amended and approved by Cabinet during the financial year, however they were at the same overall net level as the original estimate £218.734m (after use of General Reserves of £1.5m). The actual expenditure against this for 2013/14 was £214.601M, which was £4.133M below the amended revenue estimate.

 

Appendix 1, as attached to the report, amended the revised estimates to take account of the following adjustments. There was no overall effect on the Authority.

 

·         Asset Rents - This charge could vary each year due to an increase / decrease in the valuation of assets. The movements needed to be incorporated into the accounts.

·         IAS 19 Retirement Benefits -The purpose of this standard was to ensure that the operating costs of providing retirement benefits to employees were recognised in the accounting period in which they were earned by the employees. Figures provided by the actuary differed from that estimated and the movements needed to be incorporated into the accounts.

·         Recharges - These related to movements in charges between internal council services.

·         Carbon Reduction Commitment Scheme - The scheme required the Authority to report on carbon dioxide emissions associated with the use of electricity and gas within its buildings. Payment was then made to the Environment Agency to cover the charge in respect of those emissions. The original estimate to cover the estimated cost was included in Policy; however it had now been re-distributed to the relevant service.

 

The following table compared the amended estimate and the actual expenditure for the Authority:

 

Service

Amended Revenue Estimate

Total Provisional Actual

Variance Favourable  () Adverse

 

       £’000

          £’000

             £’000

Learning and Skills

 

 

 

Education and Schools

94,959

94,959

0

Libraries

2,729

2,727

2

Lifelong Learning

203

205

(2)

Youth Services

1,112

1,109

3

Catering

1,780

1,777

3

 

 

 

 

Social Services

 

 

 

Children and Young People

15,083

15,138

(55)

Adult Services

36,967

36,911

56

Business Mgt & Innovation

298

294

4

YOS

707

707

0

 

 

 

 

Visible Services and Housing

 

 

 

Environment and Visible Services

18,813

18,758

55

Parks and Ground Maintenance

3,582

3,625

(43)

Building Services

70

78

(8)

General Fund Housing

1,182

982

200

 

 

 

 

Development Services

 

 

 

Public Protection

2,689

2,665

24

Private Housing

11,287

11,281

6

Planning and Transportation

5,506

5,448

58

Leisure

4,174

4,239

(65)

Economic Development

996

1,016

(20)

 

 

 

 

Managing Director

 

 

 

Resources

501

494

7

Corporate and Customer Services

378

378

0

General Policy

17,218

14,602

2,616

 

 

 

 

Total Net Budget

220,234

217,393

2,841

Council Tax Surplus

0

(2,792)

2,792

Use of Reserves

(1,500)

0

(1,500)

GRAND TOTAL

218,734

214,601

4,133

 

The main reasons for the variances were set out in the report.

 

This was a matter for Executive decision.

 

RESOLVED – T H A T the report and the financial measures taken and proposed be approved.

 

Reason for decision

 

To approve the report and the financial measures taken and proposed.

 

 

C2410                        TREASURY MANAGEMENT (L) (SCRUTINY COMMITTEE – CORPORATE RESOURCES) –

 

Cabinet were presented with the annual review report on Treasury Management 2013/14.

 

In March, 2012 the Council adopted the 2011 edition of the CIPFA Treasury Management in the Public Services: Code of Practice, which required the Council to approve a treasury management strategy before the start of each financial year, a mid year report, and an annual report after the end of each financial year. 

 

The report covered:

the economy / interest rates in 2013/14;

the strategy for  2013/14;

the borrowing outturn for 2013/14;

investment outturn for 2013/14;

compliance with treasury limits and Prudential Indicators;

 

The Section 151 Officer continued to adopt a cautious approach with respect to Treasury Management operations. The Council's primary objectives for the management of its investments were to give priority to the security and liquidity of its funds before seeking the best rate of return. That being the case, the Authority continued to place the majority of its funds with the 'Debt Management Account Deposit Facility' (DMADF) as these deposits were guaranteed by the British Government, although the interest rate was lower than some commercial banks.

 

Funds not placed in the DMADF were placed with other Local Authorities. These investments attracted a slightly more favorable rate of return but still gave priority to the security of funds invested.

 

The Council's primary objective for the management of its debt was to ensure its long term affordability. The majority of its loans had therefore been borrowed from the Public Works Loan Board at long term fixed rates of interest. In 2013/14 the Council continued to finance its capital expenditure from internal resources rather than borrow externally. The potential reduction of the Councils investments balances at times of elevated credit risk was considered the most prudent option available to the Authority at that time.

 

Council approved the Treasury Management Strategy for 2013/14 at its meeting on 25 February, 2013. The Section 151 Officer advised that all treasury management activity undertaken during the financial year complied with the approved strategy, the CIPFA Code of Practice, and the relevant legislative provisions.

 

This was a matter for Council decision.

 

RESOLVED – T H A T the annual report on Treasury Management 2013/14 be accepted and that the report be referred to Council for approval.

 

Reason for decision

 

To accept and refer the report to Council.

 

 

C2411                        CORPORATE PLAN 2013-17 – YEAR ONE PROGRESS (L) (SCRUTINY COMMITTEE – CORPORATE RESOURCES) –

 

Cabinet were apprised of the progress to date in delivering the Corporate Plan 2013-17.

 

The Corporate Plan set out how the Council would deliver the aims of the Community Strategy and provided a focus for the Council's approach to corporate governance and community leadership.  The Council's Medium Term Financial Plan outlined how the Corporate Plan was to be funded.  It was vital that these plans were aligned and reflected the priorities for the Vale.

 

The Plan was structured around eight priority outcomes which were carried forward into Service Plans to ensure consistency and focus.  Within the Corporate Plan, a number of objectives were listed under each of the eight priority outcomes and these were included in relevant Service Plans and provided the basis for the development of key actions to ensure these objectives were delivered. Overall good progress had been made in the first year of the Corporate Plan; however there was some slippage in delivering some of the objectives.  

 

Some objectives had been completed for 2013/14 as activities became embedded within the work of the Council; however service plans for 2014/15 still included a number of related activities as services continued to reflect the priorities in the Corporate Plan.

 

The majority of the objectives were long term and would not be expected to be completed within the first year. Attached as Appendices A - H to the report were full details of progress against all objectives within the Corporate Plan.

 

This was a matter for Executive decision.

 

RESOLVED – T H A T the progress made and areas of slippage be noted and that the remedial action as outlined in Appendix 1, as attached to the report, be approved.

 

Reason for decision

 

To enable the Council to proceed with delivering the Corporate Plan 2013-17.

 

C2412                        EXTERNAL FUNDING APPLICATIONS (L) (SCRUTINY COMMITTEE – CORPORATE RESOURCES) –

 

Cabinet were informed of external funding applications submitted/allocated to maximise the amount of external funding sought/utilised to support the delivery of corporate objectives.

 

Corporate Management Team previously agreed procedures to improve the way in which the Council assessed and co-ordinated its bids for external funding.

 

An 'External Funding Framework' covered the practicalities of maximising external funding opportunities to meet corporate objectives. The framework highlighted the criteria that potential applicants must address and those applying for external funding grant to minimise risk to the Council.   

 

Lead Local Authority Flood Grant 2014/15 

The Welsh Government annually allocated a lead local authority flood grant to support implementation of legal duties associated with the Flood Risk Regulations 2009 and Flood & Water Management Act 2010. A £100,000 Capital grant had been awarded for 2014/15, to be utilised to produce a Flood Risk Management Plan and other required activities.

 

Coastal Access Improvement Grant 2014/15

The Coastal Access Improvement Grant was instigated by Welsh Government to deliver its commitment to increase access to the coast of Wales for visitors and local people. The programme originally ran over a 5 year period due to end in 2013 and supported the Wales Coastal Path (WCP) which was opened on 5 May, 2012. The programme had since been extended by a further 2 years in order to further support the development of the WCP.

 

The Council was obliged to maintain a Rights of Way network and the grant assisted in performing that duty. It was proposed the Capital grant of £80,299 was utilised in 2014/15 to support delivery of the following improvements:

 

Legal diversion onto a walked route at Llantwit Beach;

Surface improvements at Cwm Colhuw;

Diversion order and ground works at Gilestone;

Surface improvements at Rhoose Point;

The movement of stone stiles due to safety concerns at Sully;

Legal diversion onto walked line at Porthkerry bulbwalks;

Construction of off road route at Ogmore;

Set back of bridge/Culvert following storms at Monknash;

Rollback following cliff fall at West of Summerhouse;

Roll back of path from clifftop East of Summerhouse.      

 

Rights of Way Improvement Programme 2014/15  

Welsh Government provided an annual grant scheme to assist the implementation of the Rights of Way Improvement Plan. The Council adopted its Right of Way Improvement Plan (ROWIP) in November 2007.

 

ROWIP grants were hypothecated grants that did not require match funding. The Council was provided with indicative funding but had to identify a work programme via a quasi-bidding process. It was a condition of the grant that ROWIP funding did not displace an Authority's own resourcing of Public Rights of Way.

 

The grant supported the post of Rights of Way (ROW) Assistant which was shared with Rhondda Cynon Taf Council (RCT). The Vale of Glamorgan Council was the primary employer and recharged RCT (who were awarded the same grant) for 3 days work a week. The grant covered overhead costs.          

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T the £100,000 Capital Local Lead Authority Flood Grant 2014/15 and its inclusion in the Capital Programme be accepted.

 

(2)       T H A T the projects identified to utilise the Coastal Access Improvement Grant 2014/15 be submitted and if approved by Welsh Government the £80,299 Capital grant, or whatever amount granted, be included in the Capital Programme.

 

(3)       T H A T the work programme identified to utilise funding available under the Rights of Way Improvement Programme 2014/15 be submitted, and if approved by Welsh Government, the Capital Grant of £31,136, or whatever amount granted, be included in the authority's Capital Programme.         

 

Reasons for decisions

 

(1)       To enable acceptance of the grant and inclusion in the Capital Programme.

 

(2)       To enable submission of the projects identified, acceptance of the grant and inclusion in the Capital Programme.

 

(3)       To enable submission of the work programme, acceptance of the grant and inclusion in the Capital Programme.

 

 

C2413                        DEPRIVATION OF LIBERTY SAFEGUARDS (AS) (SCRUTINY COMMITTEE – SOCIAL CARE AND HEALTH) –

 

Cabinet were updated on the implications of a Supreme Court Ruling in March 2014 regarding implementation of the Mental Capacity Act 2005 and the Deprivation of Liberty Safeguards 2009.

 

The Deprivation of Liberty Safeguards set out a legal and procedural framework for authorising the care arrangements that deprived a mentally incapacitated person of their liberty where that care was determined as being in the person's best interests.

 

The Mental Capacity Act 2005 and the Deprivation of Liberty Safeguards 2009 service was partnership led and managed by the Vale of Glamorgan Council.  There was a tripartite management board with representation from Cardiff and Vale University Health Board, Cardiff City Council and the Vale of Glamorgan Council.

 

The team provided coordination of Best Interest Assessments, advice and support to health and social care teams and training for Assessment Care Management Teams, Care and Social Services Inspectorate Wales -registered care homes and all in-patient sites across the Vale of Glamorgan and Cardiff areas.

 

On 19 March, 2014, the Supreme Court passed judgement on two cases - MIG and MEG (Surrey) and P (Cheshire West) - overturning previous judgements by the Court of Appeal.  It published a revised test for deprivation of liberty which extended the protection of the Deprivation of Liberty Safeguards and the Court of Protection to a wider population of people being cared for in care homes, hospitals and within their own homes.

 

The Supreme Court clarified that there was a deprivation of liberty for the purposes of Article 5 in the following circumstances:

 

·         The person was under continuous supervision and control; and

·         Was not free to leave.

 

The Supreme Court also clarified that the purpose and relative normality of the care regime or the person's compliance or lack of objection to the care regime was not relevant when making a determination about deprivation of liberty.

 

The Supreme Court held that a deprivation of liberty in domestic settings (such as Supported Living and Adult Placement), where the State was responsible for imposing such arrangements, must be authorised by the Court of Protection.

 

The effect of these changes provided a substantial increase in the number of people who required the protection of the DoLS or the Court of Protection. 

 

In common with other local authorities, Adult Services in the Vale of Glamorgan had not been able to ensure that these arrangements had been put in place with immediate effect.  Since the Court ruling on 19 March, 2014, the number of requests for authorisations had risen significantly.  The number in June 2014 was 224, compared to 12 in June 2013. 

 

In these circumstances, a planned approach to implementation through appropriate prioritisation had been the only realistic option.  Additionally, Vale of Glamorgan staff had made representations through Association of Directors for Social Services Cymru to ensure that the issues and the increased costs had been considered by Welsh Government.

 

The DoLS team was jointly funded by the Vale of Glamorgan Council, the City of Cardiff Council and the Cardiff and Vale University Health Board according to the formula shown in Table 1 below (based on predicted workload demand).  The cost of any additional resources in the DoLS team would be distributed across the three organisations.

 

Table 1

 

       Organisation

   Proportion

  Total Cost

Vale of Glamorgan

     14.65%

    £20,510

City of Cardiff

     40.74%

    £57,036

Cardiff and Vale UHB

     44.61%

    £62,454

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T the implications of the Supreme Court Ruling and the potential increased risk of legal challenge to local authorities be noted.

 

(2)       T H A T, when planning the budget for Adult Services, the increased financial liabilities placed upon the Council as a result of the Supreme Court Ruling be considered.

 

(3)       T H A T the report be referred to Scrutiny Committee (Social Care and Health) for information.

 

(4)       T H A T the Council make representations to the Welsh Local Government Association and Welsh Government in relation to the financial implications of the Supreme Court Ruling.

 

 Reasons for decisions

 

(1)       To be aware that the Supreme Court Ruling extended the scope of the Deprivation of Liberty Safeguards, which meant that a local authority had a duty to ensure that all care arrangements for people lacking mental capacity did not deprive anybody of their liberty without an independent legal process to authorise the care regime.

 

(2)       To be aware of the increased financial pressures upon the Council and upon Adult Services as a result of the Ruling.

 

(3)       To ensure that the matter received appropriate oversight and scrutiny.

 

(4)       To ensure the WLGA and WG were aware of the Councils views on the financial implications of the Supreme Court Ruling.

 

           

C2414                        REPRESENTATIONS AND COMPLAINTS IN SOCIAL SERVICES: NEW GUIDANCE FROM WELSH GOVERNMENT (AS, CS) (SCRUTINY COMMITTEE – SOCIAL CARE AND HEALTH) –

 

Cabinet were apprised of new guidance and regulations in relation to Social Services Representations and Complaints, which would be implemented on 1 August, 2014.

 

The Council's current Social Services Representations and Complaints Procedure had been in use since 2006; it was designed to conform with the national guidance 'Listening and Learning'.  In November, 2013 the Deputy Minister for Social Services made it known that the Social Services Complaints Procedure was to be brought in line with the All-Wales 'Model Concerns and Complaints Policy and Guidance' issued by the Welsh Government in July 2011 and the NHS Complaints Procedure 'Putting Things Right'.

 

An extensive consultation exercise was undertaken by the Welsh Government during 2012/13 and a wide range of stakeholders were invited to take part in the exercise.  The exercise identified that the current arrangements were too complicated and that service users often did not understand how to complain about services they had received.

 

The post-consultation draft, a guide to handling complaints and representations by local authority social services, was issued by Welsh Government on 14 May, 2014.  The implementation date for the new Regulations and Guidance was 1 August, 2014. 

 

The process consisted of three stages:

Stage 1: Local Resolution

Stage 2: Formal Consideration

Stage 3: The Independent Panel

 

The key changes within the new guidance were summarised below:

 

·           a twelve-month time limit in which to bring a complaint, unless there were exceptional circumstances;

·           a focus on local resolution initially – complainants were to be offered a discussion to resolve their complaints within 10 days of the complaint being received;

·           an independent investigator had to be independent of the local authority;

·           removal of the Stage 3 Panel - from 1 August, 2014, if a complaint or representation was not resolved at the Formal Investigation Stage (Stage 2), the complainant must be advised that they had the right to complain to the Public Services Ombudsman.  The Ombudsman’s office would aim to complete all investigations within 12 months: and

·           greater emphasis on learning lessons.

 

The focus of the new procedure was on informal resolution and the regulations required that all those who raised a concern were offered a discussion (either face-to-face or by telephone) in an attempt to informally resolve the matter.  A further major difference was the removal of the independent panel stage.  The new two-stage process was in line with the Model Concerns and Complaints Policy and Guidance and the NHS Complaints procedure, 'Putting Things Right'.

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T the content of the report be endorsed.

 

(2)       T H A T the Director of Social Services, in consultation with the Cabinet Member for Adult Services, the Cabinet Member for Children's Services and the Managing Director be authorised to revise the Social Service Complaints and Representations Procedure, to ensure compliance with the new guidance and regulations once these had been finalised by the Welsh Government.

 

(3)       T H A T this report be referred to Scrutiny Committee (Social Care and Health) for information.

 

Reasons for decisions

 

(1)       To be aware of and endorse the changes to the Council's procedures for managing complaints and representations in Social Services that will be required.

 

(2)       To ensure compliance with the new regulations and guidance.

 

(3)       To ensure that the Scrutiny Committee was informed about the changes.

 

 

C2415                        LAND AT HILLSIDE COTTAGES, BARRY (LPCSD) (SCRUTINY COMMITTEE – ECONOMY AND ENVIRONMENT) –

 

Approval was sought to declare land West of Hillside Cottages, Barry surplus to requirements and approve the sale of this land to the current Licensees.

 

There were two properties that had had Licences for garden purposes on Council land at 2 and 3 Hillside Cottages, Barry, since 1952.  In 2009 the owners of 3 Hillside Cottages negotiated the transfer of land from the Council edged red together with a right of vehicular access, shown coloured orange on Appendix B, as attached to the report. (Minute No. C470).  The solicitors acting for the owner of 2 Hillside Cottages had now requested that ownership of the remaining land be transferred to their client in the same way.

 

Part of the garden land to the north and west of the property shown hatched in Appendix A as attached to the report was owned by the Council and subject to an occupation Licence that had existed since 1952.

 

The garden land to the south shown hatched on Appendix A to the report was owned by the Council and was predominantly grass banking and shrubbery supporting the boundary structures.  Part of the land to the south of 2 and 3 Hillside Cottages coloured orange on Appendix B to the report was also Council owned and used as a vehicle access to both properties.

 

The proposed land for disposal was indicated in Appendix C, as attached to the report.

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T the land West of Hillside Cottages, Barry be declared surplus to requirements and that the Director of Resources be granted delegated authority, in consultation with the Leader, to dispose of the land to the current Licensees on terms and conditions to be agreed.

 

(2)       T H A T the Director of Resources be authorised to appoint an external valuer to set a value for the land in question.

 

(3)       T H A T the Head of Legal Services be authorised to prepare, complete and execute the required legal documentation. 

 

Reasons for decisions

 

(1)       To facilitate disposal of the land that would generate a cash receipt for the Council whilst adequately protecting its interests.

 

(2)       To ensure that a market rate was received for any disposal.

 

(3)       To legally formalise disposal of the land declared surplus.

 

 

C2416                        RHOOSE POINT PUBLIC OPEN SPACE – PROPOSED INTRODUCTION OF BYE-LAWS (LPCSD) (SCRUTINY COMMITTEE – ECONOMY AND ENVIRONMENT) –

 

Cabinet were apprised of the outcome of a public consultation exercise on the possible introduction of bye-laws for the public open space and lagoon areas at Rhoose Point.

 

There had been growing concern over recent years amongst certain Rhoose Point residents of various forms of anti-social behaviour on the development, particularly associated with the lagoons and Nature Reserve areas.

 

Residents had asked that consideration be given to the introduction of a range of local bye-laws for the area, with fines able to be levied for certain levels of inappropriate or otherwise unacceptable behaviour.

 

Cabinet, at its meeting of 9 September, 2013 (Minute No.C2017) approved a public consultation exercise to seek views on the introduction of bye-laws at Rhoose Point.  This consultation was undertaken between 27 January, 2014 and 1 March, 2014.

 

A report detailing the outcome of the consultation exercise was attached at Appendix A to the report. 

 

The introduction and adoption of new bye-laws would allow designated Council officers to work with the Police and local community to deal with those people who persisted with certain prohibited activities. The proposed bye-laws were attached at Appendix B to the report.

 

The proposed new bye-laws covered, regulated, controlled and / or prohibited such activities as:-

 

·           Swimming;

·           Fishing;

·           Metal detecting;

·           Overnight parking and camping;

·           Fires and unauthorised barbecues;

·           Protection of wildlife.

 

This was a matter for Executive and Council decision.

 

RESOLVED –

 

(1)       T H A T the outcome of the public consultation exercise in respect of the possible introduction of bye-laws at Rhoose Point be noted.

 

(2)       T H A T the submission of a report to Full Council seeking authority to progress a bye-law application to Welsh Government as detailed at Appendix B, as attached to the report be approved.

 

Reasons for decisions

 

(1)       To note the contents of the report.

 

(2)       To agree the details of a bye-law application to Full Council and then Welsh Government for Rhoose Point. 

 

 

C2417                        ROYAL NATIONAL LIFEBOAT INSTITUTION – BEACH LIFEGUARD SERVICE (LPCSD) (SCRUTINY COMMITTEE – ECONOMY AND ENVIRONMENT) –

 

Approval was sought to agree the appointment of the Royal National Lifeboat Institution (RNLI) as the service provider for beach lifeguarding for 2013/14 (retrospectively) and for 2014/15.

 

Beach lifeguarding was managed by Visible Services.  Historically the service was provided using seasonal or agency staff and managed by the Cleansing Works Manager.  However, for the 2012 / 2013 season the RNLI were engaged to provide the service on a trial basis to establish whether the service could potentially be enhanced.  The cost of the trial for the 2012 / 2013 period was £72,499 + vat. This compared to £84k when the service was delivered 'in house' during 2011 / 2012.

 

On an annual basis, seasonal lifeguards were deployed to Whitmore Bay, Rhoose, Llantwit Major, Southerndown and Ogmore.  A daily service operated to cover the school holidays and other peak seasonal times during July, August and the first weekend of September.  In addition, an enhanced service operated between Easter and July at Whitmore Bay, on weekends and Bank Holidays only.

 

The beaches at Whitmore Bay and Llantwit Major were directly managed by the Authority and Rhoose, Southerndown and Ogmore were privately owned.  Historically the authority had always provided lifeguard patrols at these beaches. The RNLI recommended that lifeguards be deployed at Whitmore Bay, Llantwit Major, Southerndown and Ogmore only but Rhoose should be excluded from any staffed service.

 

The overall proposal at the remaining Vale beaches based on the outcome of their beach risk assessments equated to an annual service charge of £75,428 per annum (2014). This was less than the previous cost of providing the service directly.  Additionally, the RNLI proposed to provide any necessary equipment, training, supervision and infrastructure at their expense through their registered charity status.

 

By utilising the RNLI service, Waste Management and Cleansing would have a redundant inshore rescue boat and it was suggested that this be used by the RNLI or if not required, a lifeguard club providing supporting patrols but the asset was to remain with the authority.  The boat could also be used to undertake sea patrols to assist in the management of jet ski craft in the areas around Barry Island and Porthkerry where a bye-law was in operation.

 

For 2014, it was recommended that an additional service at Rhoose be maintained as the RNLI were not prepared to provide this service due to the results of the risk assessments, separate service would be provided in-house at a cost of approximately £5,000.  This would be funded from the Visible Services coastal revenue budget.  Due to the low risk at this beach, it was proposed to provide the service for 2014 and then undertake a further assessment of all beach lifeguarding and present a further report to Cabinet detailing areas for possible financial savings.

 

A table showing the RNLI's activity at 4 higher risk beaches over the trial period was attached at Appendix A to the report.

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T an exemption to standing orders be agreed to permit the appointment of the Royal National Lifeboat Institution, as a sole provider to deliver beach lifeguarding services at Whitmore Bay, Llantwit Major, Southerndown and Ogmore beaches for 2013/14 and 2014/15.

 

(2)       T H A T a separate service at Rhoose beach managed by the Visible Services Directorate of the Council, for the summer period of 2014, be approved.

 

(3)       T H A T a further report be provided to Cabinet detailing proposals for beach lifeguarding for 2015/16 and beyond, prior to the budget setting process for this period.

 

Reasons for decisions

 

(1&2)  To allow the direct appointment of the RNLI for beach lifeguarding services for 2013/2014 (retrospectively) and 2014/15, and to approve existing arrangements in relation to Rhoose.

 

(3)       To advise of future arrangements in light of future budget demands.

 

 

C2418                        BARRY REGENERATION PROJECT DEVELOPMENT FUND FOR THE YEARS 2014/15 TO 2016/17 (RIPT) (SCRUTINY COMMITTEE – ECONOMY AND ENVIRONMENT) –

 

Approval was sought to use the unallocated budget as appropriate and to make additions, deletions or transfers to or from Barry Regeneration Project Development Fund for the years 2014/15 to 2016/17 as appropriate.

 

The Council had a capital allocation for the years 2014/15 to 2018/19 of £300,000 per year. This allocation was used for preparatory work such as feasibility, site investigation and concept design work; project management in keeping with good practice for major projects; and, project match funding to lever in capital funding from external funding sources.

 

The Council received notification in September 2013 that its Stage 1 bid (Barry: a centre of growth and opportunity) for Vibrant and Viable Places funding had not progressed to Stage 2.  The Welsh Government announced that the Council should be eligible for a ring-fenced fund aimed at tackling poverty.  In April 2014 the Minister for Housing and Regeneration announced that the Council would be eligible for £1m in capital funding (known as the Tackling Poverty Fund) over the three financial years 2014/15, 2015/16 and 2016/17.  A request for the use of emergency powers to submit an application was authorised on 23 June, 2014 to coincide with the Welsh Government's deadline for submitting the application.  At the time of writing it was understood that the Welsh Government would issue a determination letter before the end of July 2014.

 

The Council's Tackling Poverty Fund application was the subject of a separate report on this agenda which set out in more detail the outline business case for intervention; the programme of projects; funding profiles for each project; and, all match funding requirements.

 

At the meeting, it was requested that approval be given to use the capital allocation of £300,000 per year for the years 2014/15 to 2016/17 to fund part of the match funding requirements of the Council's Tackling Poverty Fund application as set out in Appendix 1 to the report.

 

It was also requested that approval be given to use the remaining capital allocation of £260,000 for the year 2014/15 to fund the following budget proposals:

 

Project Management Unit: £65,000 was required to fund a dedicated resource to project manage a number of major regeneration projects including, Innovation Quarter (including the Pumphouse); Barry Rail Centre/Barry Tourist Railway; Nell's Point marketing; Barry Island Eastern Shelter/Promenade enhancements; and the emerging masterplan for Barry Island “Setting the Sceneâ€.

 

Economic Development Unit: £14,000 was required to fund a dedicated resource to undertake project preparation work and, in doing so contribute to the delivery of future investment and development opportunities set out in Barry: a centre of growth and opportunity and the emerging Delivery Plan (Minute No.C2132).

 

 Landscape Design Service: £35,000 was required to fund a dedicated design and contract management resource to develop and deliver the public realm, public open space and public art elements of both major regeneration projects such as Barry Town Centre, Innovation Quarter, Barry Island; and, community based projects in Castleland Renewal Area and the Communities First Cluster area.

 

Highways and Engineering Design: £15,000 was required to fund a dedicated design and contract management resource to develop traffic management and sustainable transport projects in traditional shopping areas such as Holton Road, High Street and Broad Street and their hinterland.

 

Maslin Park: £32,000 was required as gap funding to demolish the existing buildings and deliver a new two team changing room, which would add value to the improvements funded by the Barry Regeneration Area Programme 2013/14.  The budget cost for the scheme (including Property Services fess and a contingency) was £80,000.  Budgets of £33,000 (Marine Hotel s106 legal agreement) and £15,000 (Parks and Grounds Maintenance Asset Renewal) had been identified leaving a funding gap of £32,000.

 

Barry Ideas Bank: £500 was required as gap funding for the web-based community ideas bank run by a not-for-profit social enterprise the Flexible Thinking Forum.  It was considered that support for this activity would add value to the partnership working and community engagement arrangements reported to the meeting of Cabinet on 24 March, 2014 (Minute No. C2265).

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T, subject to Welsh Government approval of the Council's application for Tackling Poverty Fund, the budget proposals as set out in paragraph 5 of the report, and detailed in Appendix 1, as attached to the report, be approved.

 

(2)       T H A T the budget proposals set out in paragraph 6 of the report be approved.

 

(3)       T H A T the Director of Resources, in consultation with the Leader and Cabinet Member for Corporate Resources, Cabinet Member for Regeneration, Innovation, Planning and Transportation and Director of Development Services be given delegated authority to make additions, deletions or transfers to or from Barry Regeneration Project Development Fund for the years 2014/15 to 2016/17 as appropriate.

 

(4)       T H A T the Director of Resources, in consultation with the Leader and Cabinet Member for Corporate Resources, Cabinet Member for Regeneration, Innovation, Planning and Transportation and Director of Development Services be given delegated authority to approve the use of the unallocated budgets as set out in paragraph 7 of the report, for the years 2014/15 to 2016/17 as appropriate.

 

(5)       T H A T the Director of Resources, in consultation with the Head of Legal Services, be authorised to negotiate terms and conditions for the appointment of third-party suppliers/providers where required.

 

(6)       T H A T the Head of Legal Services, in consultation with the Director of Resources, be authorised to prepare, complete and execute the required legal documentation to enable third-party suppliers/providers to be appointed where required.

 

Reasons for decisions

 

(1)       To allow the Barry Regeneration Project Development Fund for the years 2014/15 to 2016/17 as identified in Appendix 1 of the report to be counted within the Council's match funding required for the Tackling Poverty Fund programme of projects. 

 

(2)       To allow project preparation work to either continue or commence and, in doing so contribute to the delivery of future investment and development opportunities set out in Barry: a centre of growth and opportunity and the emerging Delivery Plan (Minute C2132 refers).

 

(3&4)  To enable the capital allocation to be managed effectively.

 

(5&6)  To allow project preparation work to either continue or commence and, in doing so contribute to the delivery of the Tackling Poverty Fund programme of projects; and, to the delivery of future investment and development opportunities set out in Barry: a centre of growth and opportunity and the emerging Delivery Plan (Minute C2132 refers).

 

 

C2419                        WELSH GOVERNMENT TACKLING POVERTY FUND – VALE OF GLAMORGAN COUNCIL GRANT APPLICATION FOR THE SETTLEMENT OF BARRY (RIPT) (SCRUTINY COMMITTEE – ECONOMY AND ENVIRONMENT) –

 

Cabinet were informed of the Council's Tackling Poverty Fund application for the settlement of Barry, under the Welsh Government's Vibrant and Viable Places Regeneration Framework.

 

In keeping with the Welsh Government's guidance for local authorities as set out at Appendix 1 to the report, the Council's Tackling Poverty Fund application (set out at Appendices 2A, 2B and 2C, as attached to the report) consisted of the following elements:

 

The Outline Business Case for intervention (Appendix 2A as attached to the report) - the guidance stated that the applicant was to provide a concise document (2-3 A4 pages) addressing six set questions.

 

The Project Schedule Spreadsheet (Appendix 2B as attached to the report) - the guidance stated that the applicant was to provide a brief description of each project (no more than 200 words for each project), a funding profile and estimated outputs against the Vibrant and Viable Places performance indicators.  The Welsh Government also published a document defining and describing their performance indicators which was set out at Appendix 3 to the report.

 

To supplement the Outline Business Case and Project Schedule Spreadsheet, the Council also submitted an Indicative Map identifying the areas of targeted regeneration investment  which was attached at Appendix 2C to the report.  This was considered important as there was a strong geographic correlation in Barry between areas of concentrated deprivation; areas of concentrated social housing; and, traditional shopping areas.

 

There was a strong geographic correlation in Barry between areas of concentrated deprivation; areas of concentrated social housing; and, traditional shopping areas.  The Communities First Cluster Area was the cornerstone for regeneration activity in this area of Barry and the programme of projects identified in the Council's application reflected and responded to the Cluster Area Plan 2014/15 through physical investment.  In light of this and the guidance issued for local authorities, tackling poverty was therefore an important theme which weaved through the programme of projects identified in the project schedule spreadsheet as set out at Appendix 2B to the report.

 

The Cabinet extended their thanks to Dave Williams, the Council’s  Principal Regeneration Officer, for his work in relation to the Vibrant and Viable Places Bid as well as the Welsh Government Tackling Poverty Fund.

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T the content of the report including the budget proposals set out in paragraph 7 of the report be noted.

 

(2)       T H A T, subject to Welsh Government approval of the Council's application for Tackling Poverty Fund, the capital programme be amended to include £333k for 2014/15; £418k for 2015/16 and, £249k for 2016/17.

 

(3)       T H A T, subject to Welsh Government approval of the Council's application for Tackling Poverty Fund, the amendment to the Housing Renewal Policy 2014 referred to in paragraph 6  of the report and detailed in Appendix 4, as attached to the report, be approved.

 

(4)       T H A T the report be referred to Scrutiny Committee (Economy and Environment) for information.

 

Reasons for decisions

 

(1)       To note the contents of the report.

 

(2)       To enable the capital allocation to be managed effectively (subject to Welsh Government approval of the Council's application for Tackling Poverty Fund).

 

(3)       To enable the capital allocation for the Main Street Grant Programme to be managed effectively (subject to Welsh Government approval of the Council's application for Tackling Poverty Fund). 

 

(4)       To keep Scrutiny Committee (Economy and Environment) apprised.

 

 

C2420                        BUS SERVICES SUPPORT GRANT 2014/2015 (RIPT) (SCRUTINY COMMITTEE – ECONOMY AND ENVIRONMENT) –

 

Cabinet were apprised of the Bus Services Support Grant (BSSG), formerly Regional Transport Services Grant (RTSG) that had been made available from the Welsh Government for the continued support of the local bus services for the 2014/2015 financial year.

 

The Rural Bus Subsidy grant was ring fenced for Public Transport Services (Local Bus and Community Transport Facilities) and associated administrative costs, together with publicity, and also minor works such as bus shelter improvements. 

 

The total value of the grant across Wales was £11,361,783 for the 2014/2015 financial year compared to £11,417,722 in 2013/2014.  In 2013/14 the Vale of Glamorgan received £340,444. 

 

One of the conditions of the grant was that a local authority must spend a minimum of 5% of its allocation on Community Transport Services (£18,554), although the Welsh Government set a suggested target of £49,180 for the Vale of Glamorgan to spend on community transport in the 2014/15 financial year.  The Vale of Glamorgan Council contributed to the operating costs of VEST (Voluntary Emergency Services Transport) and EVCT (East Vale Community Transport) as well as it’s own community transport scheme - Greenlinks. Dinas Powys Voluntary Concern (DPVC) and Ogwr Transport for Elderley or Disabled (OTED) had also recently submitted applications for funding.  Applications for each operator had been assessed and the potential grant award was contained in Appendix A, as attached to the report.

 

In respect of standard Local Bus Services, the BSSG (formerly RTSG) had in the past been used to support a number of additional services together with services provided on enhanced frequencies and in certain cases where there had been commercial services withdrawn but reinstated with BSSG.  The BSSG contributed to the extension of the New Adventure Travel 303/304 service which now provided a through bus service between Bridgend and Cardiff connecting many villages on route including Llantwit Major, St Athan, Rhoose, Barry and Dinas Powys.

 

A summary of proposed expenditure for the BSSG for 2014/2015 was contained in Appendix A, attached to the report.  

 

Appendix A took into account the annual increase due to applicable service contracts that were more than one year old from 1 September, 2014, under the terms of the contract agreements.  The annual review was calculated from appropriate index of prices as recorded in the Monthly Digest of Statistics. Based on an estimated uplift of 3% the increase in costs on the BSSG funded serviced would be £5,735.

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T the acceptance of the sum of £371,084 Bus Services Support Grant (BSSG) for 2014/2015 be endorsed.

 

(2)       T H A T the proposed use of the Bus Services Support Grant (BSSG) revenue funding, as set out in Appendix A, as attached to the report, be approved.

 

Reasons for decisions

 

(1)       To ensure continued local bus service and community transport provision through the expenditure of the Bus Services Support Grant (BSSG).

 

(2)       To ensure services could be undertaken as proposed.

 

 

C2421                        XFOR ENVIRONMENTAL ENFORCEMENT SERVICES TRIAL – 30 JULY 2012 – 20 MAY 2013 (EVS) (SCRUTINY COMMITTEE – ECONOMY AND ENVIRONMENT) –

 

Cabinet were apprised of the outcome of the environmental enforcement trial, utilising 'XFOR', to support Council Enforcement Officers in tackling offences of littering and dog fouling.

 

Cabinet on the 14 March, 2012 (Minute No. C1661) resolved to deploy XFOR for a 12 month trial which included a 6 month review.

 

The Council employed three officers on a permanent basis with responsibility for environmental enforcement.  Whilst a considerable amount of their time was spent on raising awareness amongst residents and businesses, they do issue a number of Fixed Penalty Notice’s (FPN’s) each year.  In 2011 / 2012 they issued 5 for dog fouling, 63 for littering and 3 for smoking related littering.  In 2012 / 2013 the numbers were 10, 53 and 9 for each category and so far this year the numbers are 3, 43 and 0.  Even with a significant change in focus our own staff were unlikely to ever reach the enforcement ticketing levels of a private organisation set up specifically for such a purpose.

 

XFOR commenced their enforcement patrols in the Vale, in respect of litter and dog fouling, on 30 July, 2012 and continued their 'no tolerance' enforcement work with varying staffing levels for approximately 10 months.  The trial ended prematurely on 20 May, 2013 with XFOR having issued 1,665 Fixed Penalty Notices (FPNs) of £75 to residents and visitors guilty of the offences of littering or dog fouling. Details of XFOR's activity over the trial period are shown below:

 

 

 

Litter

Dog Fouling

 1

No. of fixed penalties issued 

 

1655

 

10

 2

No. of fixed penalties paid

 

1196

 

6

 3

Amount Collected (£)

 

£89716

 

£450

 

 

 

Although XFOR initially commenced the service with a total of 4 Enforcement Officers plus 1 Administrative Officer, they did experience some staff turnover problems and at times only operated with 2 Enforcement Officers plus an Administrative Officer. At the end of the trial they operated with a staff level of 2 Enforcement Officers only. This resulted in a reduced numbers of FPNs being issued.

 

To have been fully cost effective over the 12 month trial, XFOR needed to issue approximately 3,000 FPNs. From Table 1 above it could be seen that they issued 1665 in the 10 months they operated. XFOR's decision to reduce their resources operating within the Vale was not adequately explained at the time and was clearly at odds with their need to recover their costs.

 

Of the 1665 FPNs issued, 72% were paid, discharging the offender's legal liability to prosecution.  Approximately 7% of fines issued were taken through Court for non-payment. This process involved a considerable amount of officer time. 

 

Matters were raised as unacceptable with senior managers within XFOR.  They refused to increase their resources and served the Council with a 7 day 'Termination Notice' prematurely ending the trial on 20 May, 2013 approximately 2 months short of the agreed trial period.

 

There was no doubt that the trial, and its related publicity, significantly raised awareness amongst residents and visitors of the consequences of littering in the Vale of Glamorgan.

 

The trial ended on 20 May, 2013 and a Keep Wales Tidy (KWT) Local Environment (LEAMS) survey for the Vale of Glamorgan carried out between 31 October and 14 November, 2013 showed:

 

the then Cleanliness Indicator (CI) for the Vale of Glamorgan was 70.9.This was the highest recorded by KWT since their surveys began and notably above the all Wales figure of 67.6 and a significant improvement on the figure of 66.9 achieved during 2012;

 

dog fouling affected 7.8% of streets in the Vale, an improvement on the figure of 11.6% from 2012 and a figure that compared very favourably to the then all Wales figure of 13.8%;

 

graffiti had dropped from 11.6% in 2012-13 to 5.8% in 2013-14, taking it below the then all Wales figure of 11.9%.

 

However, the report confirmed that the most common litter issue facing the Vale of Glamorgan, and indeed Wales as a whole, was still the presence of smoking-related litter (SRL); predominantly cigarette ends. SRL was encountered on 73.8% of the streets surveyed. The presence of SRL nevertheless was below the all Wales level, which stood at 86.9%. Confectionary litter was found on 45.6% of streets and drinks litter on 26.2%. Fast food litter was recorded on 17.5% of streets.

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T the outcome of the ˜XFOR’ Environmental Enforcement Services trial be noted.

 

(2)       T H A T delegated authority be granted to the Director of Visible Services and Housing, in consultation with the Cabinet Member for the Environment and Visible Services, to invite expressions of interest from private environmental enforcement companies able to provide litter and dog fouling enforcement services in the Vale.

 

(3)       T H A T the Director of Visible Services and Housing gives consideration to the possibility of extending the duties of Civil Parking Enforcement Officers to include Environmental Enforcement in the future.

 

(4)       T H A T on conclusion of resolutions (2) and (3) above, a further report be provided to Cabinet detailing the full costs of all available future options for improved environmental enforcement.

 

(5)       T H A T the report be referred to Scrutiny Committee (Economy and Environment) for information.

 

Reasons for decisions

 

(1)       To note the contents of the report.

 

(2)       To establish what private enforcement options are currently available to the Council.

 

(3)       To investigate if amalgamating the duties of environmental enforcement officers and Civil Parking Enforcement Officers is a viable option.

 

(4)       To obtain all the necessary information required to enable Cabinet to take a decision on this matter for the future.

 

(5)       To ensure that the relevant Scrutiny Committee was kept suitably informed.

 

 

C2422                        YSGOL GWAUN Y NANT / OAK FIELD PRIMARY SCHOOL: ACCEPTANCE OF TENDER (CS) (SCRUTINY COMMITTEE – LIFELONG LEARNING) –

 

Approval was sought for the acceptance of the competitive tender of ISG Construction Limited for refurbishment and new build works at Ysgol Gwaun y Nant and Oak Field Primary School.

 

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.

Parental demand for Welsh medium education in Barry continued to increase. 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.

 

Cabinet on 23 September, 2013 were advised that 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.

 

The feasibility study determined that the most favourable option was construction of a new one form entry (210 place) building to accommodate Oak Field Primary on the existing site and the remodelling of the building currently occupied by Ysgol Gwaun y Nant and Oak Field Primary to enlarge Ysgol Gwaun y Nant to accommodate 420 children plus an enlarged nursery.

 

It was planned that the new accommodation at Oak Field Primary School would be operational for commencement of the new academic year in September 2015. Refurbishment of Ysgol Gwaun y Nant was planned to commence in July 2015 with a phased completion.

 

Tenders for the works had recently been sought. The tender process utilised the South East Wales Schools and Capital Funding (SEWSCAP) Contractor Framework and included a short listing exercise using Pre-qualification Questionnaires.

 

Three tenders were received and opened on 6 June, 2014. These had subsequently been evaluated by AECOM (consultant cost manager) based on the 70/30% price/quality criteria stated in the tender documentation.

 

The tender documentation required tenderers to submit a design solution addressing stipulated Employer's Requirements. ISG Construction Ltd's proposals were considered to be the most compliant in terms of satisfying these requirements. A significant factor was that they were the only contractor to propose a two storey design which had the advantage of providing the necessary internal space without compromising the specific requirements for external play. The two storey solution did result in a larger internal floor area, and resultant additional costs, to accommodate the necessary circulation space. It was however considered that there was scope for value engineering to reduce this during the detailed design stage.

 

Further details of AECOM's tender evaluation were outlined in the Part II report on this item later on the agenda. It recommended acceptance of the tender submitted by ISG Construction Ltd.

 

ISG Construction Ltd's proposal was based on use of a model school template developed by ISG Construction in collaboration with Stride Treglown Architects. This utilised a standardised design while still affording flexibility to clients and end users. This approach was intended to permit refinement of design over subsequent schemes by use of established teams resulting in improved programme and lower costs through ongoing lessons learnt and supply chain engagement.

 

This was a matter for Executive decision.

 

RESOLVED – T H A T the contents of the report be noted and be considered with the Part II report on this matter, later on the agenda.

 

Reason for decision

 

To note the contents of the report.

 

C2423                        INSURANCE INDEMNITY FOR RETURNING OFFICER AND ELECTION STAFF (L) (SCRUTINY COMMITTEE – CORPORATE RESOURCES) –

 

On consideration of this item, the Managing Director left the meeting and took no part in the discussions.

 

Cabinet were apprised of the long-established principle that claims made against a Returning Officer and/or his/her staff in relation to the performance of their electoral and referenda duties would be subject to appropriate insurance cover unless already provided for under separate insurance arrangements.

 

A Returning Officer was normally appointed for each unitary authority areas in Wales and was personally responsible for the conduct of local and parliamentary elections, such as the Welsh Government elections. Staff may be appointed by the Returning Officer to help them run the election. Whilst undertaking election duties, the Returning Officer, although usually a senior employee of the Council, was not accountable to the local authority but was independent and answerable only to the courts.

 

Electoral Commission guidance commented on the importance of the Returning Officer (as well as other staff such as the Electoral Registration Officer) having adequate and appropriate insurance. It had been long-established practice for many years for the actions of the Returning Officer and election staff to be covered by the insurance policies held by the respective local authority. In this respect it was also advisable to clarify the amount of any excess that could be charged in relation to an insurance claim and if there was an excess how this would be met if the claim was successful.

 

The Returning Officer was appointed to this position by virtue of the office he/she holds within the Council. As a result, it was proposed that any liabilities incurred by the Returning Officer or his/her staff in relation to the performance of their electoral or referenda duties be funded from the Council's Insurance Fund unless already provided for under separate insurance arrangements. This would accord to how other liability claims were dealt with and would normally be limited to the Council's liability insurance claim policy excess. Under the current policy there was no excess to be paid in respect of election/referenda duties and the full value of the claim would, therefore, be met by the insurers. However, this situation could change when the policy was renewed.

 

The Council's liability insurers already indemnified the Vale of Glamorgan Council, including any Returning Officer or Electoral Registration Officer for claims above any policy excess in connection with the conducting of local and parliamentary elections and referenda against:

 

 Legal expenses reasonably incurred in connection with the defence of any   proceedings brought against the Vale of Glamorgan Council, including any Returning Officer or Electoral, Registration Officer  (or Acting Returning Officers or Acting Electoral Registration Officers) or their staff.

 

The cost of holding another election/ referendum in the event that the original election/referendum being declared invalid.

 

This was a matter for Council decision.

 

RESOLVED –

 

(1)       T H A T the inclusion of appropriate liability cover for the Returning Officer for the Vale of Glamorgan area and/or his/her staff in relation to the performance of their electoral and referenda duties as part of the Council's insurance arrangements be endorsed.

 

(2)       T H A T it be endorsed that any claim (including any claims excess) in connection with the conducting of any elections or referenda by the Returning Officer for the Vale of Glamorgan area and/or his/her election staff be met from the Council's Insurance Fund unless already provided for under separate insurance arrangements.

 

(3)       T H A T resolutions (1) and (2) above be referred to Council for approval.

 

Reason for decisions

 

(1-3)    To indemnify the Returning Officer and relevant staff in relation to liability insurance claims arising in the course of their election and referenda duties.

 

 

C2424                        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 items of business on the grounds that they involved 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.

 

 

C2425                        YSGOL GWAUN Y NANT / OAK FIELD PRIMARY SCHOOL: ACCEPTANCE OF TENDER (CS) (EXEMPT INFORMATION – PARAGRAPH 14) (SCRUTINY COMMITTEE – LIFELONG LEARNING) –

 

Approval was sought for the acceptance of the competitive tender of ISG Construction Limited for refurbishment and new build works at Ysgol Gwaun y Nant and Oak Field Primary School.

 

This was a matter for Executive decision.

 

RESOLVED – T H A T the competitive tender of ISG Construction Ltd for the refurbishment and new build works at Ysgol Gwaun y Nant/Oak Field Primary School as detailed in paragraph 15 of the report, be accepted.

 

Reason for decision

 

To permit execution of a formal contract between the Council and ISG Construction Ltd.