CABINET
MINUTES of a meeting held on 9th
January, 2008.
Present: Councillor Ms. M.E. Alexander
(Chairman); Councillor N. Moore (Vice-Chairman); Councillors R.F.
Curtis, S.C. Egan, N.J. Gibbs, Mrs. V.M. Hartrey,
G. John, Mrs. M.R. Wilkinson and C.J. Williams.
C3344
APOLOGY FOR ABSENCE -
This was received from Councillor Mrs. M.
Randall.
C3345
WELCOME -
The Chairman welcomed Mr. Phil Evans, the
recently appointed Director of Social Services, to his first
meeting of Cabinet and wished him every success for the future.
C3346
MINUTES -
RESOLVED - T H A T the minutes of the meeting
held on 19th December, 2007 be approved as a correct
record, subject to the name of Councillor R.F. Curtis being shown
in the list of those present.
C3347
DECLARATIONS OF INTEREST -
Councillor C.J. Williams declared an interest
in Agenda Item No. 5, “OneVale Business Case”, in that a close
member of the family was employed in OneVale, and vacated the room
during consideration of the matter.
C3348
COWBRIDGE LOWER SCHOOL SITE: TRUST LAND (REF - MIN. NO. 600)
-
Having been informed of Counsel’s opinion as
to ways in which proceeds from the disposal of the Lower School
Site could be used to support the re-development of Cowbridge
Comprehensive School at the Aberthin Road Site, the Trust Committee
had, on 7th December, 2007 requested Cabinet to make
further representation to the Charity Commission. The legal
costs associated with further representation were not expected to
exceed £1,000 and the Committee had also requested Cabinet to
approve that cost being met from the Education Service
budget. Whilst fully supporting the Trust Committee, in its
efforts to obtain additional funding, it was considered that this
was a matter which should continue to be pursued by that
Committee.
This was a matter for Executive decision.
RESOLVED -
(1)
T H A T the Trust Committee make further representation to the
Charity Commission.
(2)
T H A T the estimated cost of £1,000 being met for such
representation from the Education Service budget be agreed.
Reasons for decisions
(1)
To progress representation to the Charity Commission.
(2)
To fund representation to the Charity Commission.
C3349
ONEVALE BUSINESS CASE (CX) (SCRUTINY - CORPORATE RESOURCES)
-
Details of the progress with the OneVale
Business Case were submitted, it being noted that the Council was
on course to achieve the net financial target set out in the
Business Case. The programme had started on 1st
January, 2006 and much had been implemented to date, including:
·
Contact OneVale (C1V) up and running and located at Barry Leisure
Centre with the following services integrated into the Contact
Centre - Visible Services; Building Control; Electoral
Registration; HR Recruitment; Housing Maintenance; Public
Protection (Regulatory Services)
·
The Social Services Adult Services Contact Information Centre and
the Vale Community Alarm Services to be integrated into the Contact
Centre in January 2008
·
The single number implementation planned for March 2008
·
The establishment of an integrated transactional HR and Payroll
Team
·
The implementation of a core HR system
·
Implementation of the Council’s bi-lingual website
·
Launch of the new StaffNet
·
Procurement of the Corporate Enterprise Content Management System
for implementation across all Council services, to commence
implementation in January 2008
·
Implementation of the Oracle Financials System from 1st
April, 2008
·
Implementation of Oracle i-Procurement system throughout 2008.
It was reported that the Business Case was
monitored on a quarterly basis and the financial summary appended
to the report outlined actual costs for 2005/06 to 2006/07 and
projected costs for 2007/08 against the original OneVale Business
Case. It was noted that overall there was a favourable
balance of £5.726m. due to a mixture of savings and expenditure
being delayed. Reasons for individual variances were outlined
in the appendix to the report. Since there had been
significant changes to the OneVale programme, forward projections
had been reviewed and amended to take account of those
changes. It was anticipated that further reviews of future
projections would be necessitated in the fullness of
time.
Financial summaries in respect of each of the
headings in the Business Case, as outlined below, were contained
within the report:
·
Capital Costs
(i) programme
consultancy costs - showing a current underspend of £637k.
(ii) programme
internal resources - variance due to resources not now required for
HR support and training
(iii) implementation and
internal resources - variance due to increased ICT support
costs
(iv)
training - saving due to ICT training staff now undertaking the
majoring of the internal ERP training
(v) technology
infrastructure - projected underspend due to a reduction in future
hardware requirements
(vi)
software costs - overspend of £5k.
(vii)
property costs - favourable variance due to location of contact
centre at the BSC and the Barry Leisure Centre as opposed to the
Civic Offices.
·
Revenue Costs
(i) technology
infrastructure support - projected underspend due to Provincial
House infrastructure maintenance costs now not chargeable and a
delay with regard to server maintenance
(ii) software
maintenance - adverse variance due to the inclusion of a
contingency for increased hardware maintenance
(iii) property - adverse
variance due to the deletion of the original assumption that
rationalisation of office space would occur in 2010/11
(iv)
staff costs - favourable variance due to the re-evaluation of the
number of customer service representatives required.
·
Savings
(i) technology
infrastructure support - adverse variance due to savings being
accrued later than expected
(ii) software
maintenance - adverse variance due to savings being accrued later
than expected
(iii) process
efficiencies - adverse variance due to delays in the implementation
of the Procurement and EDRMS systems
(iv)
sourcing - favourable variance due to projected procurement savings
currently exceeding the original Business Case.
Overall, the above demonstrated that the
Council was on course to meet its Business Case objective of £2.5m.
total net savings within the original payback period. Also
contained within the report was an update of the actual service
improvements which would be made as a result of establishing the
Contact Centre.
This was a matter for Executive decision.
RECOMMENDED -
(1)
T H A T the progress to date with the OneVale Business Case be
noted.
(2)
T H A T the Business Case figures as amended to take account of
changes to the original programme and business requirements, as
contained in Appendix B to the report, be agreed.
Reasons for decisions
(1)
To note progress.
(2)
To update the Business Case in line with recent changes.
C3350
PERFORMANCE MANAGEMENT FRAMEWORK (CX) (SCRUTINY - CORPORATE
RESOURCES) -
Whilst the Council had agreed a revised
Performance Management Framework back in 2003, service planning had
since changed with the Ffynnon performance management software
having been developed, requiring an update of the Performance
Management Framework (PMF). It was reported that the
Relationship Manager’s Annual Letter for 2007 had concluded
that:
·
in respect of the audit of the Improvement Plan, the Plan had been
well produced and published on time and complied fully with the
guidance in Circular 28/2005
·
as regards performance information, the Council had good overall
arrangements in place for producing the National Strategic
Performance Indicators
·
in respect of performance management arrangements, the Council had
a well established Performance Management Framework in place which
was being strengthened through the development of key
documents.
It was noted that the full contents of the
above Annual Letter would be reported to Cabinet and other
appropriate Committees.
The revised framework as appended to the
report outlined the roles and responsibilities of officers and
Members and, in order for the framework to be effective, it was
noted that the performance monitoring arrangements (One Framework
for All) and the Performance Information Handbook would also
require to be updated. To support the revised framework, the
annual timetable had also been revised. Briefing sessions in
relation to the Ffynnon system had been provided for officers and
Members and the system itself would be piloted across the Council
in January 2008.
This was a matter for Executive decision.
RESOLVED - T H A T the revised Performance
Management Framework be endorsed.
Reason for decision
In order to continue to improve the Council’s
performance management arrangements.
C3351
CABINET FORWARD WORK PROGRAMME: JANUARY - APRIL 2008 (CX) (SCRUTINY
- CORPORATE RESOURCES) -
In accordance with the provisions of the Local
Government Act 2000 and the Council’s Constitution, the Forward
Work Programme as appended to the report set out those matters
which the Executive and Full Council were likely to consider during
January to April 2008. Also appended to the report were
details of those reports not submitted to Cabinet from the previous
Work Programme with the reasons for non-submission together with a
summary report on the last Work Programme.
This was a matter for Executive decision.
RESOLVED -
(1)
T H A T the Forward Work Programme for January - April 2008
(subject to the amendment identified at the meeting being made),
together with the publication of the details of the availability of
the Programme, be noted.
(2)
T H A T the reasons supplied by officers for the non-submission of
the items from the previous Forward Work Programme (September -
December 2007) be accepted, it being noted that only 2 items
remained outstanding.
Reason for decisions
(1&2) To comply with the
requirements of the Local Government Act 2000, subordinate
legislation and the Council’s Constitution.
C3352
CHANGE TO TIMETABLE OF MEETINGS: MAY 2007 - MAY 2008 (DFICTP)
(SCRUTINY - CORPORATE RESOURCES) -
Cabinet had approved the above timetable of
meetings in March 2007 subject to any future changes deemed
appropriate by the Mayor of the Council or the relevant Committee
Chairman. However, in order to accommodate the 2008/09 budget
process given the late announcement of the final Revenue Support
Grant settlement, it was necessary to amend dates in February of
both Cabinet and Council.
This was a matter for Executive decision.
RESOLVED -
(1)
T H A T, in order to progress the budget process for 2008/09, the
meeting of Cabinet scheduled for 6th February, 2008 be
rescheduled to 13th February, 2008.
(2)
T H A T the Mayor, as Chairman of the Council, be requested to
amend the date of Council from 13th February to
20th February, 2008.
Reason for decisions
(1&2) To enable the
budget process to be progressed in accordance with the Council’s
Constitution and to enable the statutory date for the setting of
the Council tax to be met.
C3353
AMALGAMATION OF ROMILLY INFANT AND JUNIOR SCHOOLS (DLD) (SCRUTINY -
LIFELONG LEARNING) -
The formal consultation period for the
amalgamation of both schools had ended on 27th November,
2007. No objections had been received during that period and
the Welsh Assembly Government had been advised of that fact in
December 2007. As previously reported, in order to accord
with WAG requirements, building adaptations of up to £100k. would
be necessary to support the amalgamation, the works to be funded
through the WAG’s annual recurrent School Buildings Improvement
Grant. It was noted that the Headteacher and Deputy
Headteacher of the Infants School were due to retire and that
rationalisation of those posts would result in revenue savings of
approximately £120k. per annum. Other than the retirement of
those two postholders, it was not envisaged that there would be any
redundancies and it was considered that the new Primary school
would operate more efficiently than the current separate Infant and
Junior schools.
This was a matter for Executive decision.
RESOLVED - T H A T approval be given for the
amalgamation of Romilly Infant and Junior Schools to form the new
Primary School in September 2008.
Reason for decision
In order that WAG can be notified by the
deadline of 27th January, 2008 and that implementation
of the amalgamation can proceed.
C3354
SOCIAL SERVICES PROCEDURES FOR HANDLING COMPLAINTS AND
REPRESENTATIONS (IDSS) (SCRUTINY - COMMUNITY WELLBEING AND SAFETY)
-
The Welsh Assembly Government had published
guidance on handling Social Services complaints entitled “Listening
and Learning” in April 2006. The Children’s Complaints
Officer had worked with colleagues on the All Wales Complaints
Officers Group to produce a consistent approach on policy and
procedures across Wales to address the guidance and it was noted
that the Social Services Complaints Procedure and Guidance as
appended to the report had been produced in line with that
collaborative work.
It was also noted that the Social Services
policy and procedures previously agreed by Cabinet had addressed
many of the issues raised in the guidance and that few changes
would be required. There were, however, some differences to
the Corporate Complaints Procedure and, in respect of the revised
Social Services policy and procedure, the following three stages
were proposed:
·
Stage 1 - local resolution, to be dealt within 10 working days
·
Stage 2 - formal investigation, to be dealt with in a further 25
working days
·
Stage 3 - Review Panel, to be dealt with in a further 28 working
days.
The above proposals would apply only to the
Social Services department and the final stage (Stage 3) would be
administered independently by the Independent Secretariat, with
panel members recruited by the National Assembly for Wales.
Representatives of the Legal Services Department and the Corporate
Complaints Officer had attended training and information days
facilitated by the National Assembly for Wales in respect of the
procedure and guidelines and a programme of training sessions for
staff who would deal with the initial complaints was currently
underway. It was also noted that there was now a requirement
for regular complaint and representation reports to be provided to
Cabinet.
This was a matter for Executive decision.
RESOLVED -
(1)
T H A T the new Social Services Procedure and Guidance document be
noted and approved for adoption in the Social Services
Department.
(2)
T H A T the requirement for an annual report to Cabinet on
complaints be noted.
(3)
T H A T the training programme for staff on the new policy be fully
supported.
Reasons for decisions
(1)
To ensure WAG guidelines are followed.
(2)
To ensure Members are given accurate and timely feedback on
complaints with regard to Social Services.
(3)
To ensure all relevant staff are aware of and able to implement the
procedures.
C3355
REVENUE MONITORING: 1ST APRIL, 2007 -
30TH NOVEMBER, 2007 (CMT) (SCRUTINY - ALL)
-
The projected outturn for the 2007/08 Revenue
Budget in comparison with the amended Revenue Budget was appended
to the report. The current forecast was for a balanced budget
on both the General Fund and Housing Revenue Account.
Particular reference was made within the report to the
following:
Education and Schools - reference was made to
expenditure on placements in independent schools being forecast to
be less than estimated and potential additional income as a result
of more out of county pupils, together with a projected saving of
£137k. on home to school transport.
Lifelong Learning - an adverse variance of
£137k. was predicted due to the delay in starting the new learning
programmes to the economically inactive and low enrolments over the
summer period.
Catering - an adverse variance of £90k.
predicted for the service due to reduced meal numbers not yet
recovering to previous levels and additional cost
pressures.
It was noted that further reports on the above
would be submitted to Cabinet.
As regards Social Services, projecting outturn
figures for 2006/07 using information and current commitments, the
budget was currently anticipated to outturn with a deficit of
£1.520k. It was noted that monitoring of the budget would be
regularly reported. Further details were appended to the
report, with Children’s Services showing a current surplus of £98k.
and Community Care and Health projected to outturn with a deficit
of £1.618m. at year end. The Cabinet Member and officers
involved were congratulated on their efforts to date in bringing
the deficit down.
This was a matter for Executive decision.
RESOLVED - T H A T the position with regard to
the Council’s 2007/08 Revenue Budget be noted.
Reason for decision
That Members are aware of the projected
Revenue outturn for 2007/08.
C3356
CAPITAL MONITORING: 1ST APRIL, 2007 - 30TH
NOVEMBER, 2007 (CMT) (SCRUTINY - ALL) -
Details on the financial progress on the
Capital Programme as at 30th November were appended
to the report. In brief, particular reference was made to the
following schemes:
·
Visible Services Asset Renewal - to fund the proposed refurbishment
of the public conveniences at Porthkerry Park, Barry, it was
proposed to amalgamate two existing Asset Renewal budgets and
increase the Capital Programme from the EER Maintenance Fund
·
Knap Skateboard Park - Authority sought to approve an increase in
the Capital Programme to reflect additional funding
·
Holton Road Public Realm Improvements - authority to increase the
Capital Programme in order to ensure the completion of the extended
works by the end of December 2008
·
Building Safer Communities - authority to increase the Capital
Programme as a consequence of Home Office Grants.
Various schemes would not be completed on
target and authority was sought to carry forward the necessary
funding into the 2008/09 financial year:
·
Barry Island Replacement Footbridge - whilst tender documentation
was anticipated to have been completed in February 2008, approval
was required from Network Rail before works commenced and, as such,
the budget would not be required until 2008/09
·
Dyffryn Gardens Phase 1 - ongoing delays with the glasshouse
alteration required funding be slipped into the 2008/09 Capital
Programme
·
Waste Resource Park - amendments to the original design had caused
delays and, as such, it was proposed that engineering fees be
slipped into 2008/09
·
Spine Road Infrastructure / Innovation Quarter - the scheme was
currently being redesigned and the new programme for the delivery
of the project was now 2008/09.
This was a matter for Executive decision.
RESOLVED -
(1)
T H A T the following changes to the 2007/08 Capital Programme be
approved:
(i)
Visible Services Asset Renewal 2007/08 - the Capital Programme to
be increased by £9,000, funded from the EER Maintenance Fund
together with the transfer of £30,000 from the Policy Asset Renewal
budget to the Visible Services Asset Renewal 2007/08 budget.
(ii) Visible
Services Asset Renewal 2006/07 - Capital Programme to be increased
by £61,000, funded by an external contribution.
(iii) Holton Road Public
Realm Improvements - Capital Programme to be increased by £451,000,
funded from WEFO grant.
(iv) Building Safer
Communities - Capital Programme to be increased by £60,000, funded
by a Home Office grant, £30,000 relating to Alley gates
within the Environmental and Economic Regeneration Directorate and
£30,000 for the CCTV installation at Park Crescent, Barry.
(2)
T H A T Council be requested to approve the following changes:
(i) Barry Island
replacement footbridge - reduce the current budget to £38,000
(carry forward £360,000 into 2008/09)
(ii) Dyffryn
Gardens Phase 1 - reduce the current budget to £204,000 (carry
forward £332,000 into 2008/09)
(iii) Waste Resource Park
- reduce the current budget to £40,000 (carry forward £870,000 into
2008/09)
(iv) Spine Road
Infrastructure / Innovation Quarter - reduce the current budget to
nil (carry forward £200,000 into 2008/09).
Reasons for decisions
(1)
To allow schemes to be undertaken in this financial year.
(2)
To allow schemes to be undertaken / completed in the future
financial year.
C3357
MATTERS WHICH THE CHAIRMAN HAD DECIDED WERE URGENT -
RESOLVED - T H A T the following matters which
the Chairman had decided were urgent for the reasons specified be
considered.
C3358
SOCIAL SERVICES REVENUE BUDGET 2007/08 (DSS) (SCRUTINY - COMMUNITY
WELLBEING AND SAFETY) -
Urgent by reason of the need to
resolve the Social Services budget situation
Consideration was given to the proposals
contained within the report and outlined below designed to reduce
the projected overspend within Social Services. Despite the
additional £1.1m. given to the Directorate as an additional
temporary uplift, an overspend of £1.6m. had been forecast for
2007/08 at the end of November. It was considered, however,
that this would have been reduced to £1.3m. following the
completion of monitoring to the end of December.
Notwithstanding, the Director had been requested to produce an
Action Plan identifying further savings which could be achieved in
the current year and the framework used in developing the requisite
Action Plan was appended to the report.
In drawing up the budget proposals, all areas
of the budget had been examined and details of each of the
proposals, as contained in the report outlined below:
·
Supplementary Funding - £388,000
The service was in
receipt of WAG grants from a number of funding streams and detailed
work was now being undertaken to ensure that those funding streams
were maximised to offset current revenue expenditure in ways that
met grant conditions. It was anticipated that £85,000 would
be identified as a consequence.
The budget reported at the end of December
2007 included estimated budget spend to the end of March
2008. That budget had now been reviewed to ensure that it
reflected likely spend of the year, and that all savings made to
date were reflected in the projections. In completing the
estimated outturn, £500,000 currently included to meet possible
increases in the number of community care commitments had been
maintained together with £420,000 for community care funding.
Other forecasts had been reduced where spend profiles were
considerably lower than currently reflected in the projected
outturn and £303,000 in further savings had been identified.
·
Deferring Expenditure - £150,000
Staffing costs across the Directorate were all
in line to meet the 3.2% vacancy factor included when the budget
for 2007/08 had been agreed. At the end of December 2007, the
service had in excess of 25 posts vacant at Operational Manager
level or below, excluding front-line provider services. It
was proposed that delays in recruiting to the vacant posts would
continue which should realise £150,000 in the current financial
year.
·
Improve Efficiencies - £60,000
The moratorium in place with regard to
non-essential spending and out of county travel would
continue. Slow-down in those areas of spend was apparent in
the budget to date and it was anticipated that a further £10,000
would be realised in the current financial year. The
Directorate budget included funding for a Director and two
full-time Heads of Service. The cost of the Interim Director
had offset some of the savings resulting from keeping those posts
vacant for 2007/08 and it was considered that a further net saving
of £50,000 should be achieved. It was also noted that a
review of independent sector providers for the provision of
domiciliary care was being undertaken to ensure that packages were
placed with the most cost effective agencies, the review to include
how services were commissioned, evaluating different contracting
methods.
·
Income Generation - £1,500
A review was to be
undertaken with the intention of considering whether clients in
receipt of DLA mobility allowance who used the Council’s transport
should be charged. It was anticipated that £10,000 could be
realised as a consequence in the current financial year.
Attention was drawn to the fact that the Council worked with many
clients with severe and multiple needs and the Directorate was now
working on individual cases to ensure that, where appropriate, the
Local Health Board would fund such individuals, it being noted that
some successes had been achieved in recent months. Also, the
Charging Policy for non-residential services was currently being
reviewed by Counsel. It was anticipated that Counsel’s Advice
would provide the basis for levying charges.
·
Reconfigure Service Expenditure - £100,000 in 2007/08
A review was to be undertaken of clients
receiving care packages of two hours or less per week, which often
comprised laundry and shopping tasks. The review would
consider whether that was an appropriate use of scarce resources,
whether the service should be withdrawn or whether a voluntary
agency could provide it in a more cost effective way. Also,
the way in which the eligibility criteria were applied was
currently being reviewed and that priority work had already
commenced in the learning disability service. It was
anticipated that this could realise £100,000 in the current
financial year.
·
Reconfigure Service Provision
The eligibility
criteria in respect of care packages of between ten and twenty
hours were also being examined to ensure that services were being
provided in the most efficient and appropriate manner. A
summary of the actions outlined in each category was appended to
the report. In total the new Action Plan identified possible
further savings of £699,500 in 2007/08. Some of the proposals
represented the start of work which was unlikely to bring about
financial savings until 2008/09 whilst others were one-off actions
for 2007/08. It was recognised that achieving the proposals
outlined in the Action Plan would represent a significant challenge
given the few remaining months in the current financial year.
Other actions were also considered essential in improving the
capacity for the effective use of resources including
·
reviewing the balance of expenditure across service user
categories;
·
achieving best value through delegated budgets;
·
improved commissioning to ensure better informed decisions
concerning patterns of service provision and better use of the
market;
·
costing care plans, individually and on an aggregated basis;
·
improved use of management information, including unit costs,
within business planning;
·
office rationalisation;
· the
development and implementation of extra care services and other
service reconfiguration;
·
promoting the role of the local authority universal services and
the voluntary sector in responding at the preventative level to the
needs of vulnerable groups.
In conclusion, it was emphasised that in order
to stay within the budget allocation in the current financial year,
the Directorate had to identify further efficiencies. The
Action Plan attached to the report identified additional savings of
£699,500. Attention was drawn to the fact that the
achievement of that level of saving represented a significant
challenge and required constant monitoring to ensure that the
efficiencies were found.
This was a matter for Executive decision.
RESOLVED - T H A T the proposals outlined in
the report be endorsed.
Reason for decision
To continue tackling the serious overspend and
pressures within the budget for Social Services.
C3359
ACCESS ROAD TO DUNRAVEN BAY (DEER) (SCRUTINY - ECONOMY AND
ENVIRONMENT) -
Urgent by reason of the need to
progress the project in the current financial year
The purpose of the report was to advise
Cabinet of the tender sum for the relocation of the access road to
Dunraven Bay and to seek approval to switch funds within the
current Capital Programme so as to progress the scheme within the
current financial year. It was considered that the
realignment works to the access road should be addressed in the
current financial year and the window of opportunity for the
construction works had been identified as January to March to avoid
the seasonal importance of the road as an access for users of the
beach and the environmental constraints associated with the
construction along that length of coastline. The lowest
tender submitted for the works was approximately £315k. with the
anticipated cost of land purchase, site supervision and project
management being £85k. Funding of £300k. had previously been
allocated to the project, which meant that there was a current
shortfall of £100k. It was proposed that that shortfall in
funding be met by the virement of funds already provided in the
2007/08 Capital Programme for refurbishment of Cowbridge
Viaduct. It was noted that the spend profile for the
refurbishment project would be the subject of another report to
Cabinet where the need for flexibility in funding would be
highlighted. The 2007/08 budget for the Viaduct Scheme was
now required in 2008/09 and there was, therefore, the possibility
of transferring that funding to the Dunraven Scheme.
This was a matter for Executive decision.
RESOLVED -
(1)
T H A T the virement of £100k. within the Capital Programme 2007/08
to enable the Dunraven Bay Access Road scheme to be progressed
within the current financial year be approved.
(2)
T H A T, with regard to the 2008/09 Capital Programme bids, the bid
in respect of Cowbridge Viaduct be increased by £100k. and the
Dunraven Bay Access Road bid withdrawn.
(3)
T H A T Dunraven Estates be formally approached to make a
contribution towards the increased costs of this scheme.
Reasons for decisions
(1)
To allow the works to progress so as to limit the impact on highway
users wishing to access the beach and to reduce the environmental
effect.
(2)
To clarify the position in relation to the Capital Programme.
(3)
In the interest of equity.
C3360
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 involve 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.
C3361
DEFECTIVE PRIVATE SEWER - THE BROAD SHOARD, COWBRIDGE (DEER)
(SCRUTINY - ECONOMY AND ENVIRONMENT) (EXEMPT INFORMATION -
PARAGRAPHS 16 AND 18A) -
Cabinet had, in October 2007, deferred
consideration of the recommended course of action to ensure the
resolution of the above matter pending a further report on the
available options and the legal position relating to each (Minute
No. C3237). The history of the Council’s involvement in the
above matter was detailed in the report. In brief, Cabinet
had resolved, inter alia, in October 2005 to undertake the
necessary work pursuant to the provisions of the Building Act 1984
with the Council bearing the costs of officer time and the labour
and design costs of the scheme, such costs to be met from Council
reserves. Counsel’s advice had been sought in 2000 and again
in 2005. Both opinions had indicated that the Council could
elect to waive some or all of the cost of the work. Residents
had been informed of the position in November 2005 when it had been
made clear that any works would be carried out on a one off basis
and that any further repairs by the Council would only be carried
out within the initial 12 month guarantee period. As regards
the existing legal position with regard to the defective sewer,
there was a statutory requirement for a local authority to ensure
that works met Building Regulation standards.
This was a matter for Executive decision.
RESOLVED -
(1)
T H A T, given the unique circumstances of the above case, the
necessary remedial works be undertaken to ensure that the repairs
complied with Building Regulations approval, the costs to be met
from Visible Services Reserves.
(2)
T H A T the above decision be not considered a precedent.
Reason for decision
(1)
To comply with the previous Cabinet resolutions and to ensure that
the Council is no longer in breach of its legal
responsibilities.
(2)
To safeguard the Council’s interests.
C3362
PENARTH CENTRAL RENEWAL AREA: GROUP REPAIR PHASE 5C - APPOINTMENT
OF CONTRACTORS (DLPPHS) (SCRUTINY - COMMUNITY WELLBEING AND SAFETY)
(EXEMPT INFORMATION - PARAGRAPHS 12, 13 AND 14) -
Four tenders had been received in respect of
the above.
This was a matter for Executive decision.
RESOLVED -
(1)
T H A T, subject to the contractor acquiring a satisfactory Health
and Safety Plan for the construction stage and the required
Performance Bond, the tender from M. J. Cosgrove in the sum of
£506,719.96 be accepted and that the Council enter into a contract
with the same to undertake Phase 5C of the Group Repair Programme
for the Penarth Central Renewal Area.
(2)
T H A T £90,000 of the projected underspend on Disabled Facilities
Grants be transferred to the budget for Group Repair in the Penarth
Central Renewal Area to enable works to commence in the current
financial year and the Capital Programme amended accordingly.
Reasons for decisions
(1)
To enable progress of the Group Repair Programme and the Penarth
Central Renewal Area Strategy 2004-2008.
(2)
To enable an early start on Phase 5C of the Group Repair
Programme.