CABINET

 

 

MINUTES of a meeting held on 5th March, 2008.

 

Present:  Councillor Mrs. M.E. Alexander (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.

 

 

C3417                        APOLOGIES FOR ABSENCE –

 

These were received from Councillors N. Moore and Mrs. M. Randall.

 

 

C3418                        MINUTES –

 

RESOLVED – T H A T the minutes of the meeting held on 20thFebruary, 2008 be approved as a correct record.

 

 

C3419                        DECLARATIONS OF INTEREST –

 

The following Members declared interests as shown below and vacated the room during consideration thereof:

 

Councillor R.F. Curtis

Agenda Item No. 14 – Stepson is a pupil at Ysgol Gyfun Bro Morgannwg.

 

Councillor G. John

Agenda Item No. 7 – Secretary, Llantwit Major Junior Football Club.

Agenda Item Nos. 7 & 9 – Vice President, Llantwit Major Cricket Club.

 

Councillor C.J. Williams

Agenda Item No. 14 – Son attends Ysgol Gyfun Bro Morgannwg.

 

 

C3420                        CABINET SUB-COMMITTEE (RIGHTS OF WAY) –

 

The following minutes of a meeting held on 13th February, 2008 were submitted:

 

Present:  Councillor G. John (Chairman); and Councillor R.F. Curtis.

 

 

(a)       Apologies for absence –

 

These were received from Councillors Mrs. M. Randall and C.J. Williams.

 

(b)       Minutes–

 

The minutes of the meeting held on 28th November, 2007 were approved as a correct record.

 

 

(c)        Application for Public Path Diversion Order - Numbers 21 and 23 Ystradowen -

 

Members of the sub-committee were informed of the application for the diversion of Public Footpaths Nos. 21 and 23 Ystradowen, and approval was sought for the making of the relevant Diversion Order. 

 

The Wildlife and Countryside Act 1981 placed a duty on every surveying authority to ensure that the Definitive Map and Statements for the Public Network was kept under continuous review.  Many irregularities had been identified with the direction of the existing paths on the Definitive Map.  In many cases, backdated diversions, extinguishments or creation orders were required for the paths before the Definitive Map Modification Orders could be used to show the amended routes on the revised Definitive Map. 

 

The application related to a section of the path shown on the Definitive Map as commencing on the county road and then running through the garage and garden of White Lodge, Ystradowen.  The Definitive Statement detailed the path as commencing on the county road and running directly up the drive of Ty Maen Farm. 

 

The route of the proposed diversion was shown on the map attached to the report.  The length of the path to be stopped up was shown as a solid black line and the length of the new path to be created was shown as dashed black lines. 

 

Historical maps dated 1875 and 1877 had shown White Lodge to be in existence but with no path running through its grounds.  The path from the county road to Ty Maen Farm was in existence, which then continued onto Ty’n y Tranch Farm.  Later maps dated 1899, 1900 and 1919 had shown the path commencing on the county road and preceding northwest wards up the track to Ty Maen Farm and continuing northwards.

 

The path was annotated along a different alignment on the former Glamorgan County Council National Parks and Access to the Countryside Act 1949 Survey of Rights of Way.  The route of the Public Footpath No. 21 Ystradowen runs initially through the gardens of White Lodge to the western boundary, passing within close proximity of the dwelling house.  The path then continued up the drive of Ty Maen Farm to the junction with Footpath No. 23 Ystradowen to the northwest of the farm buildings. 

 

The Definitive Map 1954 showed the path on a similar alignment to the Survey of Rights of Way. 

 

The original Definitive Statement (1954) for Footpath No.21 Ystradowen stated that the farm “commences on the county road at the entrance to the Ty Maen Farm and proceeds northwest across the farmyard”.  However, the Definitive Map takes the path as traversing the garden of White Lodge. 

 

Under the review of the anomaly the original intention was to the divert the route of Footpath No. 21 Ystradowen along the road in front of White Lodge and then up the drive of Ty Maen to follow the remainder of the path following the historical path.  However, following a site visit with the Public Rights of Way Officer, the landowner had requested that Footpath No. 21 enter the adjacent agricultural land 55 metres west of the entrance to Ty Maen Farm and then proceed northwards to join footpath No. 23 Ystradowen.  This would make it necessary to divert Footpath No. 23 in order to join the diverted Footpath No. 21. 

 

The application was being made under Section 119 of the Highways Act 1980.  Orders made under the Highways Act 1980 essentially related to the physical changes to the Rights of Way Network on the ground. 

 

The Definitive Map was currently being updated and it was felt to be unwise to allow the path to remain on the map in its present alignment, with the current discrepancy remaining between the Definitive Map and Statement. 

 

RESOLVED –

 

(1)       T H A T the Director of Legal, Public Protection and Housing Services be authorised to make an Order under Section 119 of the Highways Act 1980 diverting Public Footpaths Nos. 21 and 23 Ystradowen as shown on the map attached to the report.

 

(2)       T H A T provided no objections are received, the Director of Legal, Public Protection and Housing Services be authorised to confirm the Order on confirmation by the Public Rights of Way Officer that the required works had been satisfactorily completed.

 

(3)       T H A T the landowner be required to reimburse the Council £500 or 50% of the cost of making the Order.

 

Reasons for decisions

 

(1)       The Order is requested for the convenience of the users and to correct anomalies of the Definitive Map of Public Rights of Way.

 

(2)       There are works to be carried out jointly between the landowner and Valeways on the new route of the paths. 

 

(3)       The landowner has agreed to undertake ground works using his heavy plant in order to aid the Council and to keep Council costs down. 

 

----------

 

RESOLVED – T H A T the minutes of the meeting be noted.

 

 

C3421                        THE WATERFRONT, BARRY (REF) –

 

Scrutiny Committee (Economy and Environment) on 12th February, 2008 received a report outlining progress on proposals for the regeneration of the Waterfront, submitted as requested by the Committee back in February 2007 when it had received a presentation from representatives from the WAG and Associated British Ports (ABP).  ABP had entered into an agreement in September 2007 to sell all the remaining undeveloped areas of land excluding the Mole to a Consortium comprising Barratt Homes, Taylor Wimpey and Persimmon Homes.  Under the terms of the agreement, that Consortium was responsible for pursuing any planning permission that would be necessary to implement further development in accordance with a phasing scheme and Masterplan to be approved by ABP and WAG.  Discussions had already taken place between officers and representatives of the Consortium on the content of any future planning application, the drawing up of a Development Brief and overall Masterplan for the site being required prior to any planning application being submitted. 

 

The Committee received Mr. Richard Keogh from Persimmon Homes, Mr. Byron Lewis from ABP and Mr. Paul Williams from WAG.  Mr. Keogh, having become involved in the project since November 2007, spoke on behalf of the Consortium.  He commenced by drawing attention to the fact that the market place had changed significantly since the site was first acquired with a drop in profits in the last 6 months of between 10 – 15%.  He stressed the need to work together to manage expectation and balance the outcome, and to ensure that the project was profitable to all.  Representatives of the Consortium had already met with the Cabinet when it had been made clear that the provision of a link road between the Waterfront and Barry Island was considered crucial as was a mixed development with high design quality.  The construction of the road was seen as fundamental to the project although Mr. Keogh made the point that the line of the road should not affect the cohesion of the site.  It was hoped that the road would be installed fairly early into the project although the need to maximise income potential had to be recognised and the scheme, therefore, assessed accordingly.  The need to work together to ensure that links were developed not only between the Waterfront and Barry Island but between the Waterfront and the town centre was fully recognised.  The need to compliment development in each of those (and other areas of the town) was equally recognised.  Mr. Keogh confirmed that the aim was to deliver in the region of 2,000 dwellings on the Waterfront comprising 1,300 houses and 700 apartments.  It was hoped that planning permission would be achieved within 6 – 12 months with phasing of the development being in the region of 200 properties per annum.  Mr. Keogh saw this as the opportunity to deliver housing with gardens and streets creating a more traditional living environment than that achieved in the earlier phase of the Waterfront development, ensuring the long term sustainability of the area.  Mr. Keogh explained that a critical mass of residential development was essential in order to attract businesses to the area and thereby ensure the mixed development that was wanted.  His view, however, that the siting of a reasonably sized supermarket on the Waterfront would act as an anchor in attracting not only passing trade but “spin-offs” such as cafes / hairdressers, and located within a “commercial core” where businesses would feed off each other was not widely welcomed, Members preferring instead that a supermarket be sited within the Town Centre itself. The potential interest reported of an hotel chain in locating to the Waterfront was better received but, once again, views were expressed that an hotel might be better suited to a suitable location on Barry Island. Mr. Keogh referred to the fact that the Consortium would take account of any interest expressed in the sites on offer at the Waterfront, having regard to the costs of £60 – 70m. which would need to be expended prior to the sale of the first property and the need to maximise the profitability of the project; whilst having sympathy with the wishes of the Council for a mixed development incorporating a café culture, he drew attention to current market forces but confirmed that the development would be designed with flexibility in mind to allow for changing markets and requirements. As indicated above, Members considered the need for complementary development to take place on Barry Island and the Waterfront harmonising with the Town Centre and other shopping areas of the town to be paramount and for good links to be constructed between each. 

 

The Consortium was keen to encourage a Marina into the area and was working closely with the other partners to that end.  Paramount to the development was good design quality which would have a long term effect on not only attracting people to the area but in ensuring those people wanted to remain/return. Mr. Keogh reiterated the aim of creating a “community”; green spaces, cycle routes and a “street” environment formed part of the aim and it was noted that a landscape architect and sustainability expert had now been engaged; good public transport links were already close at hand and it was to be hoped that additional bus routes could be introduced to serve the new development. He confirmed the intention for the properties to be reasonably priced given the need to populate the development and thereby foster that sense of community at the earliest opportunity. In response to a question regarding potential annoyance from children and youths (both those from the new development and beyond), Mr. Keogh indicated that the scheme was being designed to minimise the potential for anti-social behaviour and maximise pride in the community.

 

In summary, the planning processes, including the widespread consultation and the general negotiations which were required to be undertaken were summarised. A Masterplan and Development Brief were required to be drawn up, assessments pertaining to issues including sustainability/environmental/transport/housing/education/leisure/public art would need to be undertaken and discussed prior to any development taking place. The necessity of not only consulting but informing local Members and the wider community together with this Committee was stressed. To that end, it was

 

Scrutiny Committee (Economy and Environment) had


 

 

RECOMMENDED - 

 

(1)       THAT Mr. Keogh be thanked for his presentation, and that quarterly reports on progress be made to this Committee.

 

(2)               THAT the above views of this Committee be passed to Cabinet for consideration.

 

Reason for recommendations

 

(1)       To monitor progress.

 

(2)       To make the Executive aware of the views of Scrutiny.

 

Cabinet, having considered the recommendations of the Scrutiny Committee (Economy and Environment)

 

RESOLVED – T H A T the views of the Scrutiny Committee be noted.

 

 

C3422                        TOWN CENTRE TASK AND FINISH GROUP (REF) –

 

Councillor Ms. L. Burnett, as Chairman of the Town Centre Task and Finish Group, presented the report to the Scrutiny Committee (Economy and Environment) on 12th February, 2008.  The focus of the ad hoc review had been ”to assist the development of an holistic approach to the regeneration of Holton Road by examining:

 

(i)         the identity to be created for the area

(ii)        the barriers to attracting and retaining vibrant businesses in the area of Holton Road under consideration

(iii)       the accessibility of Holton Road given the need to minimise retail leakage and maximise investment and consequently footfall

(iv)       potential solutions / remedial measures, the purpose being to identify the roles and responsibilities of the Council, to evaluate how efficiently and effectively the Council responded to its roles and responsibilities and to have regard to local views whilst adopting a realistic approach to what could or could not be achieved”.

 

In addition to the three meetings held in 2006/07, a site visit of the area had been undertaken.  Local retailers had attended one of those meetings and a considerable amount of statistical and related retail information had been considered.  The Group had agreed that the most significant elements to the regeneration of any town centre should be:

 

·                    the establishment of a Marketing and Events Programme (encouraging new investment by communicating action and challenging perceptions of investors and local residents)

·                    consideration as to attracting and retaining vibrant businesses.

 

The following 15 recommendations has been drawn up and progress against each of those recommendations was appended to the report before the Committee:

 

(i)         that the number of retail outlets vacant in the Barry Town Centre be considered with different marketing techniques being employed – progress included discussions with private sector landlords; possible advertisement on the Barry Towntalk website; and publicity through the “town centre re-launch”

 

(ii)        that the Scrutiny Committee (Economy and Environment) recommend to Cabinet the lobbying of Central Government in respect of business rates and the possibility of introducing a sliding scale for new businesses – the removal of the discretion previously given to local authorities to assist businesses being seen as a retrograde step

 

(iii)       that Cabinet consider how it could assist local businesses within the area, in particular relating to advertising and the development of an Events Programme for the Town Hall, Library and the Town Hall Square

 

(iv)       that consideration be given to trimming the trading area of Holton Road – to be addressed through the Town Centre Living Study

 

(v)        that the use of grants to assist business start-up and retention in the area be explored – business start-up grants to be reviewed once the 2008/09 budgets had been agreed; Commercial Renewal Area grant assistance available in the designated area for eligible works up to a maximum of 50%

 

(vi)       that car parking charges remain free until further regeneration of the area takes place – the Car Park Working Group had agreed in 2005/06 that this should be considered when the trading environment had stabilised

 

(vii)      that accommodation above retail outlets be recommended for conversion to residential use – to be considered by the Town Centre Living Study

 

(viii)     that future literature on the town be encouraged to include details of all the new facilities available within the town – to be addressed late in 2008

 

(ix)       that the outcome of the Town Centre Living Study be presented to the Scrutiny Committee when available – anticipated later in 2008

 

(x)        that the Town Centre Manager continues to encourage retailers into the area by advising of the strengths of the area and outlining the proposed future developments – an ongoing process

 

(xi)       that a supermarket be encouraged to the area – discussions held with Tesco Express and a private developer with some progress being made, it being noted also that both traders, leaders and shoppers together with Pride in Barry fully supported the introduction of a supermarket in a recent press article

 

(xii)      that a report outlining options for the establishment of a coffee shop / tea room within Holton Road be presented to Scrutiny Committee (Economy and Environment) – it being noted that the above suggestion was not related to a later Cabinet proposal in respect of the Town Hall exhibition area

 

(xiii)     that Barry Town Centre be linked to any promotions that the Vale of Glamorgan as a Council undertakes throughout the Vale – a specific link of news items and shopping information for all 4 town centres was made through the Towntalk websites

 

(xiv)     that promotional material for Barry move towards a re-branding of the Town Centre along the lines of “Stylish but inclusive” – proposals being developed to be presented to the private sector in terms of working in partnership to re-brand and re-launch the town centre

 

(xv)      that the Scrutiny Committee maintains a watching brief on the future regeneration of the town.

 

Attention was drawn to the fact that a number of the actions necessary to make progress, particularly (iii), (v) and (xiv) above, would require resources not currently available and that, with regard to (x), the post of Town Centre Manager was currently vacant although the previous postholder was still actively involved with town centre management.

 

Following consideration of the above and the more detailed information contained within the report itself, including the desirability of extending the remit of the Group to cover other town centres within the Vale,

 

Scrutiny Committee (Economy and Environment) had 

 

RECOMMENDED - T H A T the above recommendations be endorsed and the report referred to Cabinet for consideration, in particular recommendations (ii) and (iii) as requested by the Task and Finish Group.

 

RESOLVED – T H A T the recommendations of the Scrutiny Committee be endorsed.

 

 

C3423                        LEISURE CHARGES 2008/09 AND LEISURE MEMBERSHIP SCHEME (REF) –

 

On 26th February, 2008 the attention of the Scrutiny Committee (Economy and Environment) was drawn to the statistic showing that the total number of leisure charges equated to over 11,000 prices. An increase generally in line with inflation of 2.7% was proposed for the majority of leisure charges, rounded up or down to the nearest 5p for each collection.  The suggested fees were appended to the report and it was noted that the variations were mainly due to the effect of the new swimming facility at the International Sports Village on the leisure centre trading position.  Attention was drawn to the fact that by increasing all prices by approximately 2.7%, there would be a variable non-member entrance fee depending the chosen activity.  Given the technology available to the leisure centre, this would save a very significant amount of working hours in entering the new prices.  It was pointed out that, initially, when marketing the new Freestyle Membership Scheme, the fixed price had been considered essential to demonstrate the saving available by joining the Scheme but that now the scheme was firmly established, changes could be made.

 

Where possible, all main charges including membership fees were benchmarked against other local authority price structures and the private sector leisure providers, and it was noted with pleasure that this Council was placed in the top quartile as regards visitor numbers to its leisure facilities per 1,000 head of population. Where price issues arose throughout the year particularly in relation to sport, arts and play development sessions, food and beverage charges, saleables and some additional leisure charges within leisure centres, as in previous years, officer delegation in consultation with the Cabinet Member for Tourism and Leisure was requested to set relevant charges for those services or to increase charges during the course of the year should circumstances dictate.  Reference was made to the fact that during the course of 2007/08, Direct Debits had been introduced for swimming lessons and the introduction of further Direct Debit payments for other services would be considered in the future.  Again, as in previous years, it was proposed that all suggested prices be a maximum with officers having the ability to reduce prices if appropriate for promotions in consultation with the Cabinet Member for Tourism and Leisure - and as employed in the current year to make deductions to some prices to compete with the International Sports Village.  In order to reduce costs, consideration was also given to the proposal to close two of the main four Leisure Centres completely on Bank Holidays given the significant increase in the cost of operating the service and drop-off in usage.  It was noted that two Lifestyle Fitness studios would continue to be opened on Bank Holidays (except Christmas Day and Boxing Day) and other facilities would also be opened depending on demand.

 

Following consideration of the above and related matters, including the rationale for differentials in prices for similar activities and the reasons behind encouraging staff usage of facilities,

 

Scrutiny Committee (Economy and Environment) had

 

RECOMMENDED - T H A T Cabinet be requested to approve

 

·               the leisure charges as detailed in Appendix A to the report for implementation in April 2008;

·               the authorisation of the Director of Environmental and Economic Regeneration in consultation with the Cabinet Member for Tourism and Leisure to set charges or increase prices for sports, arts and play development courses, saleables, some additional leisure centre activities and food and beverage charges as appropriate during the course of the financial year;

·               agreeing that all leisure charges set be the maximum costs with officers having the ability to reduce prices if appropriate for promotions in consultation with the Cabinet Member for Leisure and Tourism;

·               endorsement of a reduced opening of Leisure Centres on Bank Holidays.

 

Reasons for recommendations

 

To increase prices in line with inflation to take account of specific market conditions; to enable charges for these services to reflect the particular market conditions; to allow price to be used as a marketing tool; to reduce costs.”

 

Cabinet, having considered the recommendation of the Scrutiny Committee (Economy and Environment)

 

RESOLVED – T H A T the recommendations of Scrutiny Committee be endorsed.

 

 

C3424                        2008/09 CHARGES TO DYFFRYN GARDENS AND ARBORETUM, COSMESTON MEDIEVAL VILLAGE, COSMESTON LAKES COUNTRY PARK AND PORTHKERRY COUNTRY PARK (REF) –

 

On 26th February, 2008, Scrutiny Committee (Economy and Environment) gave consideration to the following proposals in respect of the above:

 

·               to maintain the current charges in respect of Dyffryn Gardens for 2008/09 (and not implement the increases proposed by this Committee in January, 2007 – Min. No. 705 – and as shown in the appendix to the report) since, due to a delay in the restoration of the area around the Walled Garden, the Walled Garden would not be part of the visitor experience until 2009/10;

·               to maintain the current charges in respect of Cosmeston Medieval Village except for educational charges which had remained static for many years, the proposals in respect of Vale schools and schools outside the area being detailed at Appendix B to the report;

·               an increase in the charge of activity packs for the nature trail and orienteering at Cosmeston Lakes Country Park to cover production costs as detailed at Appendix B to the report;

·               to maintain the current charges for the use of the “pitch and putt” and car park charges at Porthkerry Country Park.

 

It was considered that visitor numbers at the above sites could be increased by encouraging Council staff to use the facilities and, as part of a campaign to that end, consideration was given to giving Council staff a 20% discount in respect of entry fees and events at Dyffryn Gardens and Cosmeston Medieval Village (subject to exclusions) and in respect of the use of the golf course at Porthkerry.  It was proposed that the above concession be implemented on a trial basis for twelve months with an interim six month review to assess effectiveness after which the overall benefits would need to be reviewed.

 

Following consideration of the above and related matters,

 

Scrutiny Committee (Economy and Environment) had

 

RECOMMENDED - T H A T Cabinet be requested to approve:

 

·               the charges as detailed in Appendices A, B and C for implementation in March 2008 for the Dyffryn main season (noting that Dyffryn charges would remain at 2007 levels) and in April 2008 for the other two sites;

·               the authorisation of the Director of Environmental and Economic Regeneration in consultation with the Cabinet Member for Tourism and Leisure to set prices for saleables, some additional site activities and food and beverage charges as appropriate during the course of the financial year;

·               agreeing that the charges set be the maximum with managers having the ability to reduce prices if appropriate for promotions;

·               offering Council staff a 20% reduction on entry fees and use of facilities as indicated in the report for a trial period of up to one year.

 

Reasons for recommendations

 

To take account of specific market conditions; to enable charges for those services to reflect particular market conditions; to allow price to be used as a marketing tool and to accommodate special events; to encourage outdoor activities and to increase overall income for the facilities.”

 

Cabinet, having considered the recommendations of Scrutiny Committee (Economy and Environment),

 

RESOLVED – T H A T, with the exception of the recommendation relating to the proposed 20% reduction on entry fees and use of facilities by Council staff, the recommendations of Scrutiny Committee be agreed.

 

 

C3425                        VISIBLE SERVICES – PROPOSED FEES AND CHARGES FOR 2008/09 (REF) –

 

Scrutiny Committee (Economy and Environment) on 26th February, 2008 received a report which proposed increases in services charges for functions managed by Visible Services for 2008/09 and advised Members of the effects of the increased charges previously agreed for the 2007/08 period as requested by this Committee back in March 2007 (Min No. 936).  Charges for 2007/08 had generally been increased to the maximum thought reasonable at the time. It was reported that some criticism had been received as a consequence, particularly in relation to youth cricket, and that it was proposed to address that criticism through changes in the charges for 2008/09.

 

Appended to the report were the income levels for a number of major services where charges had been increased over the rate of inflation for 2007/08. The drop in car park income was attributed to the summer weather rather the increased charges and it was accepted that, given that there were few providers of similar services in the public sector other than for car parking and commercial waste, it was unlikely that competition from such markets had had much of an affect on the income generated.

 

For 2008/09 it was generally proposed that charges be increased by 2.7% with few exceptions and that waste charges be increased by 30% due to increases in landfill tax from 1st April, 2008 and increased landfill tax. It was noted that the 30% increase would not, in fact, cover the whole of the increased costs to be incurred but that it was considered reasonable. The proposed charges for each of the following services were appended to the report:

 

  • Parks and Grounds Maintenance – the salient points being that was generally proposed to increase charges by 2.7%, with 2 new charges being introduced; to reduce the charge for youth cricket by 50%; to note that the fees for Porthkerry Cemetery had been put forward by Barry Town Council as operators of the facility
  • Highway Maintenance – no increase in coastal car parking charges or filming on the highway; increase of 2.7% for Café Style Licences to trade on the highway
  • Engineering Design and Procurement – increase of 2.7% on all charges except “skip on highway permit”.
  • Waste Management and Cleansing.

 

As referred to above, it was proposed to increase the majority of waste charges by 30% with the bulk of those costs falling on the private sector who would have a choice as to whether to use the Council’s service or that of an alternative provider. In addition, a new charge of £10 per commercial customer would be introduced for the provision of “Duty of Care” documentation.  A report on potential reductions in commercial recycling charges would be submitted to this Committee in the new municipal year. To assist in encouraging the green waste collection in order to achieve the required target, it was proposed that the cost of reusable bags and the biodegradable sacks remain unchanged (although the preferred method for the recycling of green waste was by home composting). As part of the Waste Awareness Campaign to reduce the use of plastic bags, a new reusable jute bag would be produced for sale at £1.50.

 

Attention was also drawn to charges for docking for the Waverley and Balmoral and to the fact that Cabinet had deferred consideration of any increase back in 2007/08 in order for the matter to be reconsidered with all fees and charges for 2008/09 (Min. No. C3147). It was now proposed that the current charges be increased by 2.7% for 2008/09.  The suggested increase in slipway permits and replacement keys was considered to reflect the current costs of the service.

 

During the course of subsequent discussion, reference was made to such matters as consideration being given at a future date to introducing a variable rate for café style licences/licences to trade on the highway, a similarly variable rate for filming, and ways to encourage use of outdoor facilities and to continue to make available the same given the increasing number of requests to fence off areas of Council owned land.  Following further consideration and related matters,

 

Scrutiny Committee (Economy and Environment) had

 

RECOMMENDED –

 

(1)       THAT the charging and fee proposals as set out above be endorsed and referred to Cabinet for approval.

 

(2)       THAT Cabinet be requested to consider devising a marketing policy to attract film and television companies into the Vale, having regard to the sensitivities of the varied areas/communities within that area, and also to establishing a charging policy appropriate to the differing companies attracted in.

 

Reasons for recommendations –

 

(1)       To demonstrate Committee’s approval of the proposals and to obtain an Executive decision.

 

(2)       To establish a policy and equitable charging regime.

 

Cabinet, having considered the recommendations of Scrutiny Committee (Economy and Environment)

 

RESOLVED – T H A T the recommendations of the Scrutiny Committee be endorsed.

 

 

C3426                        TIMETABLE OF MEETINGS: MAY 2008 – MAY 2009 (CX) (SCRUTINY – CORPORATE RESOURCES) –

 

Cabinet considered a draft timetable of meetings for the period May 2008 – May 2009. 

 

Cabinet noted that it was proposed that the four week cycle for Scrutiny Committees be reduced to three weeks.  This had been discussed/agreed by the Scrutiny Chairmen/Vice Chairmen Group and reflected the fact that an increasing number of meetings additional to those originally scheduled had been required.  The scheduling of additional meetings by means of a shorter cycle would minimise, if not eliminate, the need for yet further meetings and would also improve the Committee’s management of their individual workloads.  Every effort would be made to minimise “unproductive” time in terms of officer attendance for items other than their own. 

 

This was a matter for Executive decision.

 

RESOLVED – T H A T the timetable of meetings for May 2008 – May 2009 as set out in Appendix A to the report be approved, subject to any future changes in arrangements for meetings deemed appropriate by the Mayor of the Council or the relevant Committee Chairman.

 

Reason for decision

 

To approve/publish a calendar of meetings for the forthcoming municipal year.

 

 

C3427                        YOUTH OFFENDING SERVICE RESTRUCTURING (CX) (SCRUTINY – COMMUNITY WELLBEING AND SAFETY) –

 

The Youth Offending Service was the subject of an inspection co-ordinated by HM Inspectorate of Probation in October 2007.  Early indications from the feedback indicated that the inspection had been poor, with significant criticism of the management of the Service, particularly the Management Board.

 

On receipt of the feedback from the inspectors, the Chief Executive brought the service from the Social Services Directorate to his own Department.  The Chief Executive began chairing the YOS Management Board in order to provide improved leadership and direction. 

 

The inspection report recommended that the Chief Executive and the Management Board take a more pro-active strategic role in the direction of the YOS.

 

Consequently, since November 2007, the service had undergone a preliminary restructuring to bring immediate operational improvement.  The team now reported directly to the Operational Manager – Corporate Policy and Communications and the Deputy Manager and two Assistant Team Manager role had been developed.

 

In addition to the inspection report, the Council had noted that there was an increasing number of young offenders being referred from the courts.  Each young person must be seen by staff for a minimum of two hours per week (rising to three hours per week when new national minimum standards are introduced later in the year).  In addition, high risk individuals (25% of the current caseload) should be seen for more hours per week. 

 

Because there were only four case managers to manage the referrals, the Assistant Team Manager – Casework was also now carrying a large caseload.  This had impacted negatively on his ability to supervise staff effectively and undertake regular case reviews and planning meetings, which was a criticism of the inspection.  For this to improve, the Assistant Team Manager – Caseload must reduce his caseload and in order to achieve this the team was in need of an extra case worker.

 

Further, the current YOS Manager had been absent for several months and during that period existing staff without any undue pressure or the need for external support had handled the work of the YOS Manager, reporting to the Operational Manager – Corporate Policy and Communications. 

 

Although changes had taken place to date, it was now recognised that further changes were necessary to not only take on board the inspection report but also other issues such as the increased casework workload.  From consideration of the current position and structure it was considered that further organisational change was required.  It was considered that at present, there was an over investment in management posts.  It was felt that the investment in this area could be better used to provide extra case management capacity in the Youth Offending Service.  This would ensure that it also made an appropriate contribution to the management of overspends in the Social Services budget.  It was therefore proposed, subject to consultation, that the post of YOS Team Manager be deleted from the structure and the post of YOS Officer be created. 

 

It was anticipated that these arrangements would assist in allowing the YOS to improve in line with the recommendations made in the draft inspection report and further, would equip the team with greater capacity for managing the number of young offenders being referred from the Courts.

 

This was a matter for Executive decision.

 

RESOLVED – T H A T the restructuring proposals outlined in the report be effected subject to consultation.

 

Reason for decision

 

To meet the challenges and recommendations arising from the inspection of the Youth Offending Service.

 

 

C3248                        BARRY STEAM RAILWAY PROJECT: THE VALE OF GLAMORGAN RAILWAY COMPANY (DEER) (SCRUTINY – CORPORATE RESOURCES) –

 

Cabinet received a report which provided details of the strategic direction for the Barry Steam Railway Project, and which set out recommendations on how steam railway events might be provided and how the building, land and infrastructure elements could be further developed. 

 

It was reported that for a number of years, the Vale of Glamorgan Railway Company had been operating with an outstanding bank loan on favourable terms but there had been the need to review the loan by the lending Bank.

 

The Vale of Glamorgan Railway Company had submitted a bid, supported by a Business Plan document, which sought approval of a continued Revenue Grant of £65,000 per annum.  The Business Case had been mainly produced by the former General Manager prior to her ceasing employment with the Vale of Glamorgan Railway Company, but a number of other Members including the Chairman and their Finance Officer had contributed additional information to the submitted version.

 

The tables submitted with the Business Case did not appear to correlate directly with increasing cost estimates referred to elsewhere in the report.  In fact, for asset management, there was some very basic accounting for depreciation but no programmes of repairs or costs reflected in the tables.  The tables did not appear to consider the value of stock over the periods so it was difficult to appraise the contribution in financial terms.  However, the shop did appear to be making a contribution to turnover even though access to the shop was severely restricted through limited opening hours. 

 

The utilisation of the Barry Ten Agreements was referred to but there was no financial appraisal of how the utilisation of such Agreements would off set overheads or hire charges.  It was recalled that there were Agreements in place for four Groups who were restoring an engine each with a legal agreement to return the completed engine, or alternative, to Barry for a specified number of steamings over a ten year period.

 

The Business Plan argued that the role of the General Manager was critical to the operation of the Vale of Glamorgan Railway Company but the submitted tables did not support this in purely financial terms as the three year projections still showed a small increase over the period.  In addition, the letter from the Company supporting the bid, queried a fallback position of £35k. which would involve operations continuing without a General Manager that would support the view that the General Manager role was no longer critical to the continued operations as the Vale of Glamorgan Railway Company saw them.

 

From a Departmental position, there was no specific allocation in the 2008/09 budget for continued support to the Vale of Glamorgan Railway Company.  The approval for grant given in 2005 was on the basis of improved turnover and visitor numbers.  Although the Business Plan claimed a 7-10% increase in numbers over the past 12 months, the actual figure for the last year was still below what was achieved in 2002 and the trend overall had not improved. 

 

The Vale of Glamorgan Railway Company had argued that this was as a result of the falling numbers visiting the Barry Island area generally but even if true this statement did not form the basis of a case for the Council continuing to provide revenue support any further.

 

To date the Vale of Glamorgan Railway Company had operated on the basis of a Licence to utilise tracks and buildings in the ownership of the Council.  The expectation was that the railway company would maintain and repair these assets as they had effectively been given access on the basis of a peppercorn rent.  However, this had not happened and the Service Area had consistently had to utilise its Buildings Maintenance budget for repairs at the Barry Island Station building.  With Council services efficiency savings now required and with WAG reviewing their Joint Venture and Short Form Acquisition arrangements this could not continue and formal lease arrangements would have to be considered. 

 

The Vale of Glamorgan Railway Company Business Plan/Chairman’s letter did not indicate a position at which point addition funding from the Council, even if offered, would either reduce or cease.  On this basis the current funding gap was likely to exist indefinitely and the Vale of Glamorgan Railway Company would continue to request revenue support.

 

It was felt that the project appeared to have reached a “watershed” position and needed an option for an alternative provider to be considered if such a provider could be found who would not be reliant upon revenue support. 

 

It was proposed that the part of the Steam Railway Project currently undertaken by the Vale of Glamorgan Railway Company in respect of the operation of the Steam Railway and the provision of events be remarketed on the basis of the proposed Service Level Plan as detailed in Appendix B to the report and that the Vale of Glamorgan Railway Company be requested to submit a bid in accordance with such requirements should they wish to continue their operations and events.

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T the Director of Environmental and Economic Regeneration, in consultation with the Director of Finance, ICT and Property and the Director of Legal, Public Protection and Housing Services, market the opportunity to run the Heritage Railway at Barry on the basis of the terms contained in the Draft Service Plan attached to the report.

 

(2)       T H A T officers prepare a further report to the Cabinet indicating the results of this exercise.

 

(3)       T H A T officers meet with the Vale of Glamorgan Railway Company to explain the proposals and to request a current report on their financial and trading position and that officers indicate that the Council are willing to allow the Company to continue its events through the 2008 summer season whilst the marketing operation is undertaken. 

 

Reasons for decisions

 

(1)       To ensure that the marketing of this opportunity complies with the relevant Regulations and other Legislation.

 

(2)       To enable Cabinet to make a decision in respect of an alternative operator or to review the financial needs of the current operator should no alternative provider be found.

 

(3)       In order that an operational transfer date could be agreed should the Railway Company either not bid to carry on its activities or not be the successful bidder whilst ensuring some continuity of service provision is possible.

 

 

C3429                        QUARELLA STREET MULTI USE GAMES AREA, BARRY (DEER) (SCRUTINY – ECONOMY AND ENVIRONMENT) –

 

Cabinet approval was sought to dismantle the existing multi use games area (MUGA) at Quarella Street in Barry and to re-site it at Dobbins Road in Barry.

 

The Council had installed, in conjunction with the Cadoxton Millennium Playground Association (‘the Association’), an enclosed illuminated MUGA on its land to the rear of Quarella Street, Barry.  The facility was current locked and had never been opened to the public. 

 

Construction of the facility had been completed at the end of 2006.  Due to problems reportedly experienced by some local residents during construction and disagreements between a number of residents and the Association, officers took a decision to review the use of the facility prior to reapplying for planning permission.  It was also decided by officers, in consultation with local Members, that the facility would remain closed until such time as a suitable consensus could be reached between the majority of residents, who would be most likely to be detrimentally affected by the facility, and the Association.

 

In order to fully understand the views of residents, the Chief Executive’s Department had been commissioned to undertake a door to door survey to establish the level of support or otherwise for the facility.

 

The sample for this initial survey involved 34 properties, which were the properties originally involved in the consultation process for a successful planning application.  The highest number of residents (9) indicated their wish for all fencing and equipment to be removed and for the area to be returned to a tarmac area and open space.  It was clear that those who generally lived closest to the facility were the most concerned about its future operation.  The outcome of the survey was communicated to all who took part at a public meeting, where the local Members for the area were in attendance.  This took place on 24th January, 2007. 

 

Officers continued to work with local residents and representatives of the Association to achieve a workable solution for the facility although it was clear that the relationships between the various parties had been damaged to the point that no general consensus as to the appropriate future of the operation of the facility could ever be achieved. 

 

The most significant lobby in respect the facility remaining closed and even being removed altogether was from the residents whose properties border the facility.  As a consequence a further public meeting was arranged where only those residents were invited.  This meeting took place on 11th July, 2007, again local Members being in attendance. 

 

Of the attendees at this meeting a vote was passed of 11 for and 1 against removing the facility.  There were three abstentions.

 

It was important to balance the overall needs of the community against the concerns of a relatively small number of nearby residents.  There was clearly a need for a play facility within this area of Cadoxton and the Quarella Street MUGA could meet this need.  Planning permission had been correctly sought for a facility very similar in design to the one that had been constructed.  Therefore, residents had been given the opportunity to object whilst the project was at the planning stage, though no objections were received.

 

It was felt that there were two options: to either seek planning permission for the facility as constructed and open it or to remove the facility and possibly re-site it in a more appropriate area (that is an area not in such close proximity to residential properties). 

 

The report detailed the relative arguments in respect of these options as follows:

 

·                   to seek planning permission and open the facility – advantages

·                   to seek planning permission and open the facility – disadvantages

·                   to remove the facility and re-site at Dobbins Road, Barry – advantages

·                   to remove the facility and re-site at Dobbins Road, Barry – disadvantages.

 

There was a difficult relationship between a number of the residents and the Association of the Quarella Street facility.  Officers, having been in discussions with local Members and the various individuals involved, believed that there was little common ground that would allow the facility to open at Quarella Street.  The only possibility would be to open the facility with a full-time play supervisor and even in this situation a large number of the residents who lived nearest to the facility would object.

 

The consultation exercises and public meetings had proved that whilst a facility was needed in the area, the current location, being land locked between four blocks of terraced houses, was not suitable for such a facility.

 

The Victoria Park Project should be fully completed by the end of 2007/08 and this would provide a MUGA similar to that in Quarella Street.  This would provide an additional play opportunity that was not available at the time the Quarella Street scheme was constructed. 

 

An excellent opportunity existed to transfer the usable equipment to an alternative site within the same Ward.  There was likely to be no opposition from the residents at this location and the main funders of the original scheme, Dow Corning and Cabot, had indicated that they would be happy with this arrangement.

 

The Association for the Quarella Street facility had indicated that they would mount a legal challenge against the Council if a decision was taken to move the facility.  In light of the letters received from the main funders, it was the view of the Council’s Legal Officers that any such challenge could be resisted.

 

Taking all relevant points within the arguments into account, it was the view of officers that the Quarella Street facility should now be removed and equipment transferred to Dobbins Road.  The control of the land at Quarella Street should be returned to the Council and if necessary, any agreements with the Association for use of this land should be terminated. 

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T the Director of Environmental and Economic Regeneration be authorised to remove the facility at Quarella Street and transfer all usable equipment to Dobbins Road, Barry.

 

(2)       T H A T the contract to transfer the equipment be awarded to South Wales Sportsground Contractors of Magor.

 

(3)       T H A T the Director of Legal, Public Protection and Housing Services be authorised to take all appropriate action to secure possession of its land at Quarella Street including, if necessary, the termination of any agreements between the Council and the Association in respect of the MUGA.

 

Reasons for decisions

 

(1)       To provide a solution to this longstanding matter and enable the construction of a usable MUGA in an appropriate residential location.

 

(2)       As the original contractor for the scheme they would be best placed to undertake the transfer work correctly and efficiently.

 

(3)       To return land at Quarella Street into the full control of the Council.

 

 

C3430                        SECONDARY SCHOOL SPORT PROGRAMME: 5x60 OFFICER FUNDING (DEER) (SCRUTINY – ECONOMY AND ENVIRONMENT) –

 

Cabinet received a report which sought approval to accept additional funding from the Welsh Assembly Government to further develop the 5x60 secondary school sport programme to cover the eight comprehensive schools in the Vale.

 

The 5x60 scheme was funded through the Welsh Assembly Government and managed by the Sports Council for Wales.  The aim of the scheme was to increase sport and physical activity participation rates amongst secondary age young people through the creation of additional extra-curricular opportunities.  The Government recommends that all young people participate in a minimum of 60 minutes of physical activity five times a week to assist towards a healthy lifestyle.

 

The 5x60 scheme commenced in the Vale of Glamorgan in January 2007 with funding being secured until August 2008 to appoint a part-time officer based at the Ysgol Gyfun Bro Morgannwg.  In September 2007 additional funding was secured to appoint another part-time officer and one full-time officer until August 2008 to cover the remaining three Barry Comprehensive Schools.

 

The Sports Council for Wales had confirmed Welsh Assembly Government funding to extend the existing posts until 31st March, 2009.  Additional funding had also been secured to appoint the equivalent of two full-time officers until 31st March, 2009 to cover the remaining four secondary schools. 

 

In accordance with the Council’s Grant Funding procedure the following information was provided:

 

·                    The grant would assist the Council in delivering its health and wellbeing and lifelong learning objectives.

·                    The total value of the grant would be in the region of £20,000 per annum.

·                    No direct match funding was required.  The Council would however be expected to deliver office accommodation and administrative support.

·                    The grant is totally revenue expenditure.

·                    The grant was initially confirmed until 31st March, 2009 at which point it would most likely continue, albeit in a different grant arrangement which would be reported to Cabinet in the future.  No exit strategy was required this time although Council could be liable for redundancy costs should funding stop, although all 5x60 Officers were employed on fixed term contracts. 

·                    There were no onerous or unusual grant conditions.

·                    Claw back could be involved if an officer were to leave and the grant had already been paid.  However, claw back would only apply to the period of time the officer was employed.  Claw back could also be invoked if certain targets were not achieved.  The service remained confident that targets could be achieved. 

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T the Director of Environmental and Economic Regeneration in consultation with the Directors of Finance, ICT and Property, and Legal, Public Protection and Housing Services be authorised to accept the grant offered for the continuation of the 5x60 programme.

 

(2)       T H A T the Director of Environmental and Economic Regeneration be authorised to recruit the equivalent of two full-time 5x60 Officers until 31st March, 2009 to cover the remaining four Vale comprehensive schools of Llantwit Major, Cowbridge, Stanwell and St. Cyres and to extend the employment of the current officers.

 

Reasons for decisions

 

(1)       To continue and further develop the 5x60 Scheme in the Vale of Glamorgan.

 

(2)       To enable more young people to benefit from the 5x60 programme.

 

 

C3431                        FUTURE FORMAT AND CONSTITUTION OF CONSERVATION AREA ADVISORY GROUP (DEER) (SCRUTINY – ECONOMY AND ENVIRONMENT) –

 

Cabinet were asked to give consideration to the future role and management of the Council’s Conservation Area Advisory Group.

 

A report had been submitted to Cabinet on 20th June, 2007, considering conservation area management in the Vale of Glamorgan.  The report advised Members concerning the submission of a report by consultants (the Conservation Studio) which considered, amongst other matters, the Council’s internal structures, processes and attitude to managing Conservation Area legislation.

 

An outcome of the report included a review of the role and management of the Conservation Area Advisory Group, an objective included in the Planning Division’s Service Plan for 2007/08. 

 

The Consultants report was also subsequently considered by the Planning Committee on 19th July, 2007 and an extended meeting of the Conservation Area Advisory Group on 26th July, 2007.  At the latter meeting, recommendation (2) advised that:

 

·                    a further report be submitted to a future extended meeting of the Group to presents option relating to the future Constitution, form and agenda of the Group.

 

A further report which described the current constitution of the Group and which discussed options for its future role and management had been prepared as a basis for discussion, and was attached to the report at Appendix 1. 

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T the contents of the report be noted, and be referred to Planning Committee and the Conservation Area Advisory Group (extended meeting) for further discussion.

 

(2)       T H A T subject to consideration by Planning Committee the principal of the reconfiguration of the Conservation Area Advisory Group to a Conservation and Design Forum, as outlined in the Discussion Paper be accepted.

 

(3)       T H A T on the basis of further consultation as referred to in (1) above, a further report be submitted to Cabinet with proposals for the re-organisation of the Conservation Area Advisory Group.

 

Reasons for decisions

 

(1)       In order to determine the views of both Committees as to the future format of the Group.

 

(2)       In order to provide a way forward and to focus the discussions as to the future of the Conservation Area Advisory Group.

 

(3)       In order to provide Cabinet with a recommended final format and constitution of the Group which took account of the consultations undertaken.

 

 

C3432                        CHILDREN AND YOUNG PEOPLE’S PLAN (DLD) (SCRUTINY – LIFELONG LEARNING) –

 

Cabinet were updated on the progress in developing the Children and Young People’s Plan. 

 

The Assembly Government had produced specific guidance for the production of the plan which was required to address seven core aims.  These reflected a commitment that all children and young people:

 

·                    have a flying start in life

·                    have a comprehensive range of education and learning opportunities

·                    enjoy the best possible health and are free from abuse, victimisation and exploitation

·                    have access to play, leisure, sporting and cultural activities

·                    are listened to, are treated with respect and have their race and cultural identity recognised

·                    have a safe home and a community which supports physical and emotional wellbeing

·                    are not disadvantaged by poverty.

 

As part of the process of developing a draft plan for consultation, working groups had been established to address each of the core aims.  These working groups included a range of partnership and other representatives with specialist knowledge and experience in the relevant area. 

 

The plan would become one of the major strategic documents of the local authority and was intended to provide a high level and strategic framework within which multi agency arrangements could be co-ordinated and improved, leading to better outcomes for children and young people. 

 

The guidance set out a range of requirements for engagement and consultation with key partners.  Within the Vale of Glamorgan, the timetable for development was as follows:

 

January – February               Core aims sub-groups to review current needs analysis and priorities within each of the core aims, to develop proposals.

 

February 29th                         Partnership Consultation Conference.  Review of priorities, potential areas for duplication and overlap and proposed plan priorities.

 

March                                     Draft plan refined for consultation.

 

April – June                            Formal consultation period.

 

June – September                Formal plan submitted to partners for endorsement

 

September 2008                   Plan published.

 

The plan would reflect needs assessment across the range of service provision for children and young people, informed by a number of recent initiative developments and current plans.  These included the Community Strategy, Health, Social Care and Wellbeing Strategy, the National Service Framework Self Assessment Audit, Better Outcomes for Children in Need, Communities that Care Survey, the annual survey of childcare provision, the Single Education Plan, Flying Start and inspection reports of the local Youth Offending Service, youth service provision and the Children and Adolescent Mental Health Service.

 

Throughout the development of the plan and at key milestone dates, progress would be reported to Cabinet.  The plan had also been identified as a key priority for the Scrutiny Committee (Lifelong Learning) action plan.  Council would be asked to approve the plan on 30th June, 2008 following consultation. 

 

This was a matter for Executive decision.

 

RESOLVED – T H A T the scope and requirements of the Children and Young People’s Plan be noted and that the report be referred to the Scrutiny Committee (Lifelong Learning) and Scrutiny Committee (Community Wellbeing and Safety) for consideration.

 

Reason for decision

 

To ensure Members are aware of the statutory requirements and timescales.


 

 

 

C3433                        CAPITAL MONITORING FOR THE PERIOD 1ST APRIL, 2007 TO 31ST JANUARY, 2008 (CMT) (SCRUTINY – ALL) –

 

Cabinet were advised of the progress on the 2007/08 Capital Programme for the period 1st April, 2007 to 31st January, 2008, and where necessary, were requested to approve changes to the programme.

 

Appendix 1 to the report detailed financial progress on the Capital Programme as at 31st January, 2008. 

 

Director of Education

 

The Welsh Assembly Government had recently awarded the Council a School Target Hardening Grant for use at two schools in Barry.  The sum of £15,000 had been awarded for fencing works at Colcot Primary School and a further £14,642 for CCTV and lighting at Barry Comprehensive School.  A condition of the grant was that the money be fully spent by the end of this financial year and as such it was requested that the 2007/08 Capital Programme be increased by £29,642. 

 

Cylch Meithrin y Bont Faen – Cabinet on 19th December, 2007 had approved the award of a £75,000 grant from the Council towards the installation of the Cylch Meithrin Nursery Unit.  The overall budget for the work was £95,000 of which the nursery would directly contribute £20,000 with the balance of £75,000 to be funded from education reserves.  It was requested that the Capital Programme be increased by £95,000.

 

Director of Legal, Public Protection and Housing Services

 

Youth facility at Barry Fire Station – a further grant had been awarded from the Welsh Assembly Government’s Safer Communities Fund 2007/08.  The sum of £25,000 had been granted for the refurbishment of a youth facility at Barry Fire Station, and this was to be spent by the end of March 2008.  Included within this award was the sum of £2,300 which had been allocated for revenue decoration works, and as such it was requested that the 2007/08 Capital Programme be increased by the sum of £22,700.

 

It was anticipated that the following schemes would not be completed on target.

 

Director of Environmental and Economic Regeneration

 

S106 Morrison/Thompson Street Footbridge – The agreed programme of works for this scheme now anticipated a start in May 2008 and although some legal fees and licence costs were to be borne during this financial year.  It was proposed to slip the amount of £496,000 into the 2008/09 Capital Programme in order to fund the main works.

 

Dyffryn House Feasibility – the current budget related to the production of a feasibility study and business plan for the future viability of Dyffryn House.  Though the feasibility study had been completed, the Business Plan had been delayed and further costs would now not be incurred before April 2008.  As such it was requested that the remaining budget of £32,000 be slipped into the 2008/09 Capital Programme. 

 

Highway Maintenance – from this £500,000 2007/08 budget the sum of £96,000 had been approved for road improvement works at Leckwith Hill.  As nesting bats had been identified on site the works could not now be undertaken until their nesting season was over in early spring.  As such, it was requested that though some initial works to the sum of £16,000 could be undertaken before the end of March without disturbing the bats, the balance of the budget, the sum £80,000 be slipped into the 2008/09 budget. 

 

Alley gates Phase 9 – additional funding of £12,000 from the Home Office’s Safer Communities Fund had been allocated to erect alley gates at lanes at the Bassett area of Barry.  It was requested that the Capital Programme be increased by £12,000. 

 

Director of Social Services

 

Barry Hostel – additional unforeseen costs of replastering walls before decoration and costs of the telephony and IT requirements for the hostel were currently unfunded.  Asset renewal budgets for Social Services were underspend by some £52,000 and it was requested that the project underspend be vired to the Barry Hostel Scheme during 2007/08 in order to fund the additional costs.  This had not been reflected in Appendix 1 to the report.

 

Policy

 

Disabled Access Improvements – delays in the proposed appointment of consultants Parsons Brinkerhoff had meant that it was unlikely that much of the current year budget would be able to be spent this year.  However, as works were still required from this budget it was requested that the potential unspent sum of £480,000 be slipped into 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)         School Target Hardening Grant – increase the 2007/08 Capital Programme by £29,642, funded from WAG grant.

 

(ii)        Youth Facility at Barry Fire Station – increase the 2007/08 Capital Programme by £22,700, funded by WAG grant.

 

(iii)       Barry Hostel – vire funding of £52,000 from the Social Services Asset Renewal budget into the Barry Hostel Scheme.

 

(iv)       Alley gates phase 9 – increase the 2007/08 Capital Programme by £12,000, funded by a Home Office grant.

 

(v)        Cylch Meithrin y Bont Faen – increase the 2007/08 Capital Programme by £95,000, funded by a £75,000 advance from the Council and a £20,000 contribution from the nursery.

 

(2)       T H A T Council be requested to approve the following changes:

 

(i)         S106 Morrisons/Thompson Street – reduce the current budget to £20,000 (carry forward £496,000 to 2008/09).

 

(ii)        Disabled Access Improvements – reduce the budget to £10,000 (carry forward £408,000 into 2008/09).

 

(iii)       Dyffryn House Feasibility – reduce the current budget to £8,000 (carry forward £32,000 into 2008/09).

 

(iv)       Highway Maintenance – reduce the current budget to £420,000 (carry forward £80,000 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 future financial years.

 

 

C3434                        REVENUE MONITORING FOR THE PERIOD 1ST APRIL, 2007 TO 31ST JANUARY, 2008 (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 an underspending on the General Fund of £1.767m. and a balanced budget on the Housing Revenue Account. 

 

Education and Schools – reference was made to the previously reported projected underspends on the Central Education Budget which would be used to fund overspends elsewhere in the Directorate.  In addition, the savings would be used to support the residential special schools provision, where the combined deficit balance was projected to total £378k. at 31st March, 2008 as a result of the financial implications of Care Standards legislation.  Although there were a number of pressures on the service, the expenditure on placements in independent schools included in the Access Inclusion budget was forecast to be £130,000 less than was estimated.  This was due to a number of pupils returning to placements within the Authority.  At present there was also potential additional income of £350,000 as a result of more out of county pupils.  However, given the volatile nature of this budget the income was not considered secure at this time.  In addition, within this Strategic Planning and Performance Budget, as a result of the combination of a recent re-tendering exercise on certain home to school transport routes and contract inflation for all other routes being lower than expected, there was a projected saving of £137,000 on home to school transport.  The education based budget currently included £450,000 to support the School Investment Strategy.  In 2007/08 the budget would be used to fund the costs of the external design team.  Any further savings that were realised by the end of the financial year would also be available to further support the School Investment Strategy.

 

Lifelong Learning – an adverse variance of £122,000 was predicted for this service due to delays in starting the new learning programmes to the economically inactive and low enrolments over the summer period, premises costs at the Heritage Skills Centre and the cost of the Vale Learning Network.  Actions would be implemented in an effort to reduce this figure and consequently reduce the support needed from the Education Strategy and Performance Budget.

 

Catering – an adverse variance of £30,000 was predicted for this service, a reduction of £60,000 from that previously reported.  This was due to more active promotion/marketing of school meals to improve uptake, an increase in meal prices from September 2007, re-alignment of school kitchen staff with output of meals and a review of administrative arrangements between Education and the Catering Service.

 

As regards Social Services, the figures in Appendix 1 showed the budget for each Division of Service and reflected the allocation of the original Temporary Uplift of £3,641,000 approved by the Council, the savings of £2,000,000 originally needed to achieve a balanced budget and the additional Temporary Uplift of £1,110,000 to meet the cost of increased Care Home fees and arbitration.  The budget was currently projected to outturn with a deficit of £572,000 a reduction of £717,000 from last month’s reported figure.  The Director of Social Services presented a revised action plan to Cabinet and Scrutiny Committee identifying further savings that could be achieved in the current year.  The identified savings had now been reflected in the current projections.  However, many of the Budget Savings were “one off” and there were still underlying departmental overspends on care packages.  This needed to be addressed during 2008/09.

 

Children’s Services – the probable outturn was currently showing a surplus of £521,000 compared to £190,000 reported last month.  This was as a result of “one off” savings identified in the revised action plan being reflected in the figure.  The main reasons for the underspend were a reduction in the cost of Children placements, £66,000, savings on fostering costs £185,000, vacant posts £353,000 and release of contingency items £85,000 off-set by additional costs associated with adoption allowances and court expenses.

 

Community Care and Health – the service was projected to outturn with a deficit of £1,100,000 at year end, a decrease of £386,000 on last month’s reported figure.  The projected outturn reflected the savings identified in the revised action plan.  The projection also reflected the continued pressures on Community Care packages.  It included the increase in Care Home fees already agreed and an estimate of new commitments that may be made before the year end.  This was an extremely volatile budget and would be adjusted as information became available.

 

Policy – the underspending of £2,339,000 was as reported previously.

 

This was a matter for Executive decision.

 

RESOLVED – T H A T the position with regard to the authority’s 2007/08 Revenue Budget be noted.

 

Reason for decision

 

That Members are aware of the projected revenue outturn for 2007/08.

 

 

C3435                        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.

 

 

C3436                        GRASS CUTTING CONTRACT 2008/09 (DEER) (SCRUTINY – ECONOMY AND ENVIRONMENT) -

Urgent by reason of the need to make a decision prior to the next meeting of the Committee

 

Authority was sought to waive Standing Orders to accept a quotation for grass cutting in the rural communities and gateway routes for 2008/09. 

 

In 2006 the Rural Communities and Gateways Grass Cutting Contract was exposed to competitive tendering.  The successful tenderer was Countywide Grounds Maintenance.  The contract was for one year with the option of renewal for a second year.  This renewal was granted in 2007 but due to reduced budgets the frequency of the rural communities contract was reduced to eight cuts from nine. 

 

The Parks and Grounds Maintenance Section were currently unable to undertake the grass cutting work for the areas specified as they did not have the necessary staff and machinery. 

Countrywide Grounds Maintenance the contractor for 2006 and 2007 seasons were fully aware of the areas to be cut and of the cutting standards required.  It would not be appropriate to engage an alternative contractor at this moment, nor was there sufficient time to make the necessary arrangements. 

 

Due to uncertainties concerning the available budget for 2008/09 officers were unable to consider the grass cutting arrangements for 2008 until recently.  It was now apparent that a similar level of funding was available for 2008/09 as was available for 2007/08. 

 

Countrywide Grounds Maintenance had advised that they would be prepared to undertake grass cutting of the rural communities and gateway routes at the same price as 2007/08 (£174,038.19).  For this price they had also advised of their plans to offer an additional three operatives for a two week period for no charge.  They had also confirmed that they would not charge for additional areas at the transport interchange in Llantwit Major. 

 

In view of the short notice for the arrangement of this contract and the savings made by fixing the price to that of 2007/08, it was proposed that Standing Orders be waived to offer the contract to Countrywide Grounds Maintenance for 2008/09.

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T the Director of Environmental and Economic Regeneration in consultation with the Director of Finance, ICT and Property be authorised to enter into a contract with Countrywide Grounds Maintenance for grass cutting in the rural communities and gateway routes for 2008/09. 

 

(2)       T H A T a further report be produced for Cabinet during 2008 which would advise of the most appropriate grass cutting arrangements for 2009/10 and beyond. 

 

Reasons for decisions

 

(1)       To permit the engagement of a contractor to ensure the most optimum arrangements for grass cutting for the 2008/09 period.

 

(2)       To allow Members to take a decision on the most appropriate grass cutting arrangements in the medium to long term.

 

 

C3437                        LAND AT CEMETERY ROAD, BARRY (DLPPHS) (SCRUTINY – CORPORATE RESOURCES)

Urgent by reason of the need to inform Cabinet of the Latest Position with Regard to the Cemetery Road Land

 

Cabinet were advised as to the current position concerning the disposal of the land at Cemetery Road to Newydd Housing Association (1974) Limited (“Newydd”).

 

The meeting of the Cabinet held on 19th July, 2006 had resolved that the “disposal proceed ....... and the land sold on terms and conditions to be negotiated as agreed by the Director of Finance, ICT and Property in consultation with the Director of Legal, Public Protection and Housing Services and the Leader”, and that “the Director of Legal, Public Protection and Housing Services be authorised to prepare, complete and execute the necessary legal documentation to effect the sale”.

 

Contracts had been accordingly exchanged with Newydd subject to conditions, including the grant of an appropriate planning permission being obtained.

 

The matter had been reported to the Council’s Planning Committee on 13th December, 2007 at which a decision had been made to grant planning consent.  Following the Planning Committee decision a further report together with further representations would be made to the Planning Committee for consideration shortly.

 

Cabinet were advised that any planning issues concerning the land were separate to the land disposal and would be dealt with through an appropriate report to Planning Committee.

 

Since Cabinet had made its decision to dispose of the land at Cemetery Road, research had been carried out to establish the status of the land in question.  Further enquiries were being made in this regard although it was not yet clear as to what effect, if any, this may have on the disposal. 

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T the position be noted.

 

(2)       T H A T a further report be made and the situation reviewed once all the relevant information and advice had been obtained.

 

Reasons for decisions

 

(1)       To establish the status of the land and where appropriate should Cabinet be minded to do so, regularise the position.

 

(2)       As in (1).

 

 

C3438                        EXCLUSION OF PRESS AND PUBLIC –

 

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


 

 

 

C3439                        ITEM WHICH THE CHAIRMAN HAD DECIDED WAS URGENT –

 

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

 

 

C3440                        CHILDREN’S AMUSEMENTS – BARRY ISLAND PROMENADE, 2008 (DEER) (SCRUTINY – ECONOMY AND ENVIRONMENT) (EXEMPT INFORMATION – PARAGRAPH 14) –

Urgent by reason of the need to make a decision prior to the next Committee

 

Cabinet’s authority was sought to waive Standing Orders to accept an offer from North Valley Leisure to operate a selection of children’s amusements on the Promenade at Barry Island during 2008.

 

Having considered the report, it was

 

RESOLVED –

 

(1)       T H A T the offer from North Valley Leisure for the provision of children’s amusements to operate on the Square area of the Promenade at Barry Island for 2008, in the sum of £9,000 be accepted.

 

(2)       T H A T the Director of Legal, Public Protection and Housing Services be given authority to draft, execute and complete the necessary legal documentation to issue the short term licence.

 

Reasons for decisions

 

(1)       To ensure the provision of suitable children’s amusements within the Barry Island area for the entire 2008 season.

 

(2)       To ensure that the necessary licence is in place to protect the Council’s interests in this matter.