CABINET

 

 

MINUTES of a meeting held on 28th May, 2008.

 

Present: Councillor G.C. Kemp (Chairman), Councillor T.H. Jarvie (Vice-Chairman), Councillors Mrs. J.E. Charles, P. Church, A.M. Ernest, A.D. Hampton, H.W.J. James, R.L. Traherne and Mrs. D.M. Turner.

 

In attendance: Councillors Ms. B. Brooks, N. Moore and Mrs. M. Kelly Owen.

 

 

C1       APOLOGIES FOR ABSENCE -

 

Apologies for absence were received from Councillor G.A. Cox.

 

 

C2       MINUTES -

 

RESOLVED - T H A T the minutes of the meeting held on 23rd April, 2008 be approved as a correct record.

 

 

C3       DECLARATIONS OF INTEREST -

 

The following Members declared personal interests as shown below:

 

Councillor G.C. Kemp

Agenda Item 11 - Governor of Cowbridge Comprehensive School

Agenda Item 17 - Governor of Rhws Primary School

Councillor A.D. Hampton

Agenda Item 8 - Member of Barry Town Council

Councillor P. Church

Agenda Item 10 - Supplies produce to the Washington Gallery – Prejudicial interest and left meeting

Agenda Item 11 - Governor of Evenlode School

Councillor H.J.W. James

Agenda Items 11, 14(ii) and 17 - Governor of Rhoose Primary School and Llancarfan Primary School

Councillor T.H. Jarvie

Agenda Item 11 - Governor of Cowbridge Comprehensive School and Ysgol Iolo Morgannwg

Councillor A.M. Ernest

Agenda Item 11 - Governor of Stanwell Comprehensive School

Councillor Mrs. J.E. Charles

Agenda Item 8 - Member of Barry Town Council

Agenda Item 11 - Governor of schools

 

C4       CROWD CONTROL BARRIERS - CWRT-Y-VIL PLAYING FIELDS (REF) -

 

Cabinet had, on 2nd April 2008, been requested to approve the installation of crowd control barriers on the senior pitch at Cwrt-y-Vil Playing Fields in response to a request for the improvement of facilities at the football pitch to permit the progression of Penarth Town Football Club to the South Wales Senior League.  Cabinet had resolved that should Penarth Town Football Club attain promotion to the Senior or Amateur League for 2008/9 the Club be authorised to erect a barrier around the Senior Pitch marked B on the plan.  Councillor M. Kelly Owen had called-in the decision of Cabinet for scrutiny by the Scrutiny Committee (Economy and Environment) in relation to the re-positioning of the pitch.  The call-in noted that anti-social behaviour problems had centred on Pitch B and that Pitch A was a much less contentious issue as it was not as close to the houses in St. Martins Close and Dinas Road as Pitch B.  It was also closer to the changing room facilities at the club house. 

 

Present at the Scrutiny Committee (Economy and Environment) meeting on 21st April 2008 was the Cabinet Member for Visible Services, the residents from St. Martins Close and representatives from Penarth Town Football Club.  Councillor Curtis advised the Committee that the Cabinet decision had been reached in relation to the issue of Penarth Town Football Club requiring Pitch B in order to meet South Wales Amateur League requirements should the Football Club be promoted in 2008/09. 

 

Mr. S. Goodfellow, representing the residents of St. Martins Close, had advised that it was the residents’ request that the football pitch remain as Pitch A and that there was no problem with erecting crowd control barriers on that pitch.  The main reason for the preference was due to the fact that when football games are played on the field, the youth annoyance was considerable.  Although this could not be attributed to Penarth Town Football Club only, it was a fact that if any games were to be played on Pitch B the anti-social behaviour issue escalated for the neighbours.  Mr Goodfellow advised that he had also erected CCTV as a result of incidents on Pitch B.  Pitch A was a less contentious issue as it was situated over 30m away from most of the houses. 

 

The representative from the Football Club advised that in order to receive the necessary status within the Amateur League, Pitch A was not suitable due to the significant drainage problems on the pitch.  Pitch B would meet the criteria if the team was successful in reaching Amateur League status.  He further advised that if there were any anti-social behaviour or youth annoyance issues he would be more than willing to view any CCTV footage that had been forwarded to the Police in order that the youths could be identified. 

 

The residents also queried the use of permanent dug-outs and floodlights and were advised that there would only be portable dugouts. In relation to floodlights these would not be within the team’s remit for at least 5 years and it would only depend on if status was achieved in any event. 

Some of the residents at the meeting also reiterated the comments of Mr.  Goodfellow in relation to the increase of abuse and youth annoyance they would receive if Pitch B was confirmed as the chosen pitch.  In order to try to alleviate the problems, the representative from Penarth Town advised that if the Council would provide permission, the team would control the use of the goal posts by erecting and removing them on match days.  This had in other areas alleviated some of the anti-social behaviour issues that had occurred.

 

Members queried the lack of evidence presented in relation to the requirements by the South Wales Amateur League and the Cabinet Member confirmed that further information in relation to the South Wales Amateur League’s reluctance to agree to the use of Pitch A was required.  It was unanimously agreed that the fencing and crowd control barriers were not an issue with the residents or the clubs.  Having considered the call-in and the representations made by the residents of St. Martins Close and Penarth Football Club, the Scrutiny Committee

 

Scrutiny Committee (Economy and Environment) had

 

RECOMMENDED -

 

(1)       T H A T Cabinet be requested to further investigate the issue in relation to the drainage of Pitch A and whether any further remedial work could be undertaken to address the matter.

 

(2)       T H A T the South Wales Football Amateur League be requested to provide in writing details of the reasons why Pitch A would not be suitable for Amateur League status and that officers from the Authority meet with the League to discuss the issues of concern.

 

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

 

RESOLVED - T H A T further consideration of this item be deferred pending consideration of the following agenda item.

 

 

C5       MATTER WHICH THE CHAIRMAN HAD DECIDED WAS URGENT -

 

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

 

 

C6       CROWD CONTROL BARRIERS - CWRT-Y-VIL PLAYING FIELDS (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Urgent by reason of the need to make a decision.

 

Cabinet were advised of the current position with the application from Penarth Town Football Club for promotion to the South Wales Amateur League, and received a proposal for a suitable location for a pitch and crowd control barriers at Cwrt-y-Vil Playing Fields, Penarth.

 

In accordance with the resolutions of the Economy and Environment Scrutiny Committee of 21st April 2008, officers had sought to establish the reasons why the Vale of Glamorgan League had declared the current senior pitch (Pitch A) as unfit for higher league football.

 

A letter had been sent to the General Honorary Secretary of this League requesting further information in support of their decision.  

 

Their reply stating that it should be possible to achieve the required standards for the pitch surface (at location A) subject to certain maintenance tasks being undertaken.  This advice was contrary to the advice previously provided to Penarth AFC by the Vale of Glamorgan League.

 

To complicate matters, it was reported that the Vale of Glamorgan League did not have the authority to promote clubs to the South Wales Amateur League.  It appeared that one of their roles in such matters was to undertake an initial inspection of facilities in preparation for a further inspection by representatives of the South Wales Football Association (SWFA). 

 

The facilities and pitch had been inspected by the SWFA on 19th May 2008 and the facilities were not to the required standard.  The Club’s application for promotion has therefore failed. 

 

Whilst Council officers were not present at the inspection and no reasons for the failure of the application were given, the Secretary of Penarth AFC had stated that the failure was due to the pitch’s external dimensions being insufficient to meet SWFA standards.

 

The pitch had now been remarked to dimensions requested by the SWFA and the Club were appealing against the decision to deny them promotion.

 

As part of the application and appeal process, the Club had also advised that permanent crowd control barriers must be in place around the pitch by 31st May 2008.

 

As a decision of the Cabinet would not come into force until after the “call-in” period, permission had been granted for permanent barriers to be erected around the remarked pitch (location A), with the proviso that these barriers would be removed should Cabinet agree to any change in location, or refuse permission.  This arrangement had been agreed by Penarth AFC. 

 

Giving consideration to the stated reasons for the failure of the Club’s application and the obvious concerns of residents of St. Martins Close for any relocation of the pitch, it was proposed that Cabinet agree to allow crowd control barriers to be erected at location A as marked on Appendix 1 to the report at Cwrt-y-Vil Playing Fields.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T Penarth Town Football Club be authorised to erect a barrier around the current senior pitch (Pitch A on the plan) at Cwrt-y-Vil Playing Fields to a standard and design to be agreed by the Director of Environmental and Economic Regeneration.

 

(2)       T H A T the barrier be removed by the Club at the end of the season and reinstalled prior to the start of the football season.

 

Reasons for decisions

 

(1)       To enable the Club to meet the requirements of Higher League Football.

 

(2)       To ensure that the pitch area is available for other forms of recreation outside of the football season.

 

 

C7       CABINET SUB-COMMITTEE (PUBLIC RIGHTS OF WAY) (CX) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Agreement was sought for the reappointment of the Cabinet Sub-Committee (Public Rights of Way). 

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the Cabinet Sub-Committee (Public Rights of Way) be  reappointed with the following terms of reference:

 

To consider and determine under delegated powers applications for Footpath Orders made under Sections 25, 26, 118 and 119 of the Highways Act 1980 and Orders made under Sections 53(3)(b), 53(3)(c) and 54 of the Wildlife and Countryside Act 1981 in respect of modifications of the Definitive Map.

 

(2)       T H A T the following Members be appointed to the Cabinet Sub-Committee (Public Rights of Way):

 

            Councillors P. Church, A.M. Ernest, H.J.W. James and A.D. Hampton.

 

(3)       T H A T Councillor H.J.W. James be appointed Chairman of the Cabinet Sub-Committee (Public Rights of Way).


 

Reasons for decisions

 

(1-3)    To enable decisions on the making of Public Rights of Way Orders to be made in the most efficient manner.

 

 

C8       APPOINTMENTS TO OUTSIDE BODIES / JOINT COMMITTEES (CX) (SCRUTINY - CORPORATE RESOURCES) -

 

Consideration was given to the appointment / nomination of representatives to outside bodies / joint committees as a result of the recent change in Council Leader and to the Membership of the cabinet.  It was necessary to consider whether or not existing appointments / nominations should continue.

 

Under Part 3(iii) of the Constitution: Responsibility for Functions, the appointment of any individual to such bodies together with the revocation of any such appointment, rested with the Cabinet.

 

RESOLVED -

 

(1)       T H A T the Council’s appointment / nomination of representative on outside bodies as detailed below be approved with all appointments / nominations applying until the Local Government Elections in 2012.

           

Cardiff Bay Advisory Committee

 Cllr P. Church

Cardiff International Airport Consultative Committee

Leader [substitute - Cabinet Member (Tourism and Leisure)]

Deputy Leader [substitute - Cabinet Member (Visible and Building Services)]

Environment Agency: Flood Risk Management Wales Committee

Cllr G.A. Cox

Environment Agency Wales: South East Wales Environment Group

Cabinet Member (Visible and Building Services)

Local Government Association

Leader

Deputy Leader

Cllr. G.A. Cox

Local Health Board

Leader

Cabinet Member (Social and Care Services)

Director of Social Services

Chief Executive

Older Peoples’ Champion (Welsh Assembly Government have requested appointment within each Authority)

Cabinet Member (Social and Care Services)

 

South East Wales Economic Forum

Cabinet Member (Economic Development and Regeneration) [substitute - Cabinet Member (Planning and Transportation)]

South Wales Fire Authority

Cllrs. A.M. Ernest and E.T. Williams

South Wales Police Authority: Joint Committee

Leader

Deputy Leader

Cllr Mrs. V.M. Hartrey

South Wales Police Authority

Leader

WJEC: Board of Directors

Cabinet Member (Education and Lifelong Learning)

Welsh Local Government Association: Council

Leader

Deputy Leader

Cllr. G.A. Cox

Welsh Local Government Association Co-ordinating Committee

Leader

 

(2)       T H A T, where legally possible, attendance at meetings of organisations to which a member had been nominated or appointed by the Council be classed as an approved duty, for which travelling and subsistence allowances are payable, in accordance with the Council’s scheme.

 

Reasons for decisions

 

(1&2)  To ensure continuity of representation by the Council on outside bodies.

 

 

C9       SPECIFIC GRANT EXPENDITURE - SUSTAINABLE WASTE MANAGEMENT (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Cabinet received a report which

 

-                      provided information on the Specific Grant for Sustainable Waste Management for 2007/08

-                      provided information on the proposed expenditure of the Specific Grant for Sustainable Waste Management for the period 2008/09.

 

WAG had provided a Sustainable Waste Management Grant for Wales in order to achieve the targets for recycling and land fill diversion.   Cabinet received details of expenditure for the last financial year and proposed expenditure for 2008/09, 2009/10 and 2010/11. 


 

The revised Grant allocation for the Vale of Glamorgan Council was:

 

            2008/09          £1,948,079

            2009/10          £1,948,079 (indicative)

            2010/11          £1,948,079 (indicative).

 

The Grant may be used to:

 

·                    assess current and future waste amounts / composition in the Vale, in terms of identifying suitable waste management options

·                    implement source segregated recycling and composting schemes for municipal waste of the 2001-2007 period including the development and redevelopment of Civic amenity and bring sites

·                    separate collection of different waste streams

·                    fund projects involving community based organisations

·                    provide education programmes to increase awareness within the public sector and industry, including those in conjunction with the Waste Awareness Wales programme

·                    develop partnerships between local authorities and between the public, private and community sectors and local authorities to include development processes and creation of markets for recycled material

·                    carry out waste minimisation measures in municipal waste streamers.

 

For 2008/09 it was proposed to use the Grant to further promote and develop the kerbside collection service, and to monitor participation in the scheme.  The Grant would also be used to prepare for changes to the waste management service including a pilot kitchen waste collection scheme.

 

For 2009/10 and 2010/11, WAG had made provision for additional funding to support a food waste collection service.  The amount for this was £333,333 in 2009/10 and £851,852 in 2010/11. 

 

The report proposed to allocate the current expenditure in line with the amounts from WAG for 2008/09 as follows:

 

 

Funding of the existing domestic kerbside recycling in the Vale, and provision of additional support for the servicing of the bring site facility.

 

 

Staff costs - £28,000

Collection service - £1,315,000

TOTAL

£1,343,000

 

Kitchen waste service pilot service.

 

Staff costs - £25,000

Pilot collection service - £100,079

Containers for pilot area - £40,000

 

TOTAL

£165,079

 

 

Green waste collection service.

 

Staff costs - £21,000

Collection service - £200,000

 

TOTAL

£221,000

 

Kerbside recycling.

 

Purchase of kerbside recycling boxes - £30,000

Purchase of kerbside recycling reusable bags for plastic and cardboard - £23,669

 

TOTAL

£30,000

 

Funding for Waste Educational and Awareness Initiatives.

 

Staff costs - £50,000

Waste awareness promotional activities - £48,000

 

TOTAL

£98,000

 

Contribute towards the cost of the enforcement team covering: flytipping, litter and dog fouling.

 

 

£50,000

TOTAL

£50,000

 

Further development of waste management options including Phase 1 and 2 of the Waste Resource Park.

 

Staff costs - £10,000

Land Charge to Economic Development - £25,000

Surveys and engineering costs - £6,000

 

TOTAL

£41,000

 

TOTAL GRANT

 

£1,971,748

 

 

(Inclusive of underspend from 2007/08 £23,669)

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the proposed Grant expenditure allocated in line with the amounts for 2008/09 and indicative amounts from WAG for 2009/10 and 2010/11 as described above, be endorsed. 


 

Reason for decision

 

To utilise the Grant to further develop the kerbside collection service and to monitor participation in the scheme.  Also to prepare for any required changes to the collection service. 

 

 

C10     COMMUNITY ACTION SELF HELP (CASH) SCHEME 2008/09 (DFICTP) (SCRUTINY - CORPORATE RESOURCES) -

 

Consideration was given to applications for funding under the CASH scheme 2008/09. 

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the following Grants be allocated as indicated below:

 

Site / Location

Scheme Description

Grant Recommended

Barry Town Council -

Merthyr Dyfan Cemetery, Barry

 

Refurbishment of public toilets and provision of disabled access

 

NIL

Ewenny Community Council -

Adj to village post office/ shop:

Memorial site above Zoar Hse.

 

 

Refurbishment / replacement / installation memorial seats

 

 

£800

Llancarfan Community Council -

Village notice boards

 

 

Notice boards

 

 

£1,425

Llandough Community Council -

Llandough and Leckwith War Memorial Institute Hall

 

 

Further refurbishment works comprising kitchen, corridor, toilets, exterior and loft insulation

 

 

£10,900

Llanfair Community Council -

The Herberts

 

 

Replacement notice board (wooden)

 

 

£800

Llantwit Major Town Council -

Cemetery, Boverton Road, Llantwit Major

 

 

Provision of stone memorial wall

 

 

£3,750

 

Pendoylan Community Council -

Pendoylan

 

 

To replace existing community lawn mower.  Present machine is beyond repair.

 

 

NIL

Llandow Community Council -

Sigingstone (Llandow) Air Crash Memorial

 

 

Renovation works comprising of replacement of broken benches (2 No) and work to the memorial plaque.

 

 

£925

Llangan Community Council -

St Mary Hill Community Hall

 

 

Improvements to create disabled toilet and storeroom.

 

 

£11,250

 

Reason for decision

 

Having regard to the budget available and sum requested.

 

 

C11     CORPORATE PRINTING STRATEGY (DFICTP) (SCRUTINY - COROPORATE RESOURCES) -

 

Approval was sought of a proposed Corporate Printing Strategy, and for approval to let a tender for the supply of multi function devices. 

 

It was reported that the Council now had a multiplicity of printing devices, photocopiers, scanners and fax machines which did not offer the same functionality and which were expensive to maintain and operate. 

 

ICT Services had conducted a survey of printing devices across the Authority and had found a general ratio of 1 printer to about 6 staff.  Best practice in open plan offices suggested that a ratio of 1 printer to 30 staff was appropriate, and although the Council generally did not have large open plan offices, there was considerable room for improvement and thereby efficiency savings to be made.

 

The aims and objectives of the Print Strategy could be met in a number of ways:  one option was to let a managed services contract for the lease and maintenance of a new printing estate which was paid for by a charge for each page of a document that was printed.  Alternatively, the printing devices could also be purchased outright by departments or centrally and supported in-house.  Whichever option was chosen as the most cost effective, all printing would be charged for in future via a cost per page. 

 

The current printing estate would be replaced by a smaller, more efficient range of Multi Function Devices (MFDs) which would provide printing, copying, scanning and fax facilities for the same device.  This would save on power usage, office space, paper and consumables. 

 

The recent letting of a contract for the supply of an Enterprise Content Management System would require access to scanning facilities across the Council and the implementation of this strategy would satisfy that need. 

 

The Print Room based in the Civic Offices would be impacted by the introduction of this strategy and the move to electronic circulation of documents such as Council minutes.  The Print Room function had therefore been included within the strategy and further discussions with the Director of Legal, Public Protection and Housing Services to consider the future of this service would be required to consider the implications of this strategy. 

 

A copy of the full printing strategy was attached at Appendix A to the report.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the Printing Strategy be approved.

 

(2)       T H A T permission be granted to let a tender for the supply of Multi Function Devices, either through a Capital Purchase or a Managed Service, whichever proves to be most cost effective.

 

Reasons for decisions

 

(1)       To have the strategy formally adopted.

 

(2)       To enable the aims and objectives of the strategy to be achieved and generate the anticipated efficiency savings.

 

 

C12     GRANTS TO COMMUNITY / VOLUNTARY ORGANISATIONS 2008/09 - PENARTH ARTS AND CRAFTS LTD (DFICTP) (SCRUTINY - CORPORATE RESOURCES) -

 

Councillor P. Church left the room whilst this item was under consideration.

 

Approval was sought on the award of further grant funding to Penarth Arts and Crafts Ltd. 

 

This was a matter for Executive decision.


 

RESOLVED - T H A T

 

(i)         A grant in the sum of £13,000 be made to Penarth Arts and Crafts Ltd in respect of the financial year 2008/09. 

 

(ii)        A further Deed of Grant be entered into with Penarth Arts and Crafts Ltd for one year from 1st April 2008.

 

Reason for decision

 

Having regard to the budget available and sum requested.

 

 

C13     SCHOOL INVESTMENT STRATEGY (DLD) (SCRUTINY - LIFELONG LEARNING) -

 

Cabinet received an update on the School Investment Strategy, and were requested to approve the procurement method for Cowbridge School. 

 

Subsequent to their appointment as Lead Consultant, Davis Langdon LLP had been undertaking the detailed design work to take Cowbridge School to Stage D such that a full planning application was scheduled to be submitted in July 2008.  A comprehensive range of service areas had also been undertaken in order to quantify risks associated with the school development.  An options appraisal identified that a budget of £21.5m. was required to deliver the optimal solution. This optimal solution ensured greatest cost effectiveness by maximising the proportion of new build to refurbishment.  Currently £16.5m. had definitely been identified and secured for Cowbridge.  Davis Langdon LLP were designing the school on a phased basis, with Phase 1 to be delivered within the £16.5m., and Phase 2 for a further £5m. when these funds had been identified.

 

Phase 1 would permit significant new build to enable the lower school to be relocated to the Aberthin Road Site.  Phase 2 would permit significant remodelling of existing buildings.  The redeveloped school was scheduled for completion by September 2010.  However, Phase 2 of the development would be dependant on the funding being identified. 

 

Potential sources of funding for Phase 2 included the generation of a capital receipt from the lower school site.  Efforts were currently in hand to make representations to the Charity Commission in relation to the disposal of the lower site with a view to a contribution to the redevelopment of the school at Aberthin Road.  The Charity Commission had previously advised that this was not permissible because the site was Trust owned.  The Compulsory Purchase Order of land adjacent to the Aberthin Road site which was necessary for playing fields, was currently being progressed. 

 

In terms of the procurement process for the final design and construction, Davis Langdon LLP were recommending the New Engineering Construction (NEC) contract.  This form of contract was recommended by the Office of Government Commerce (OGC) for all public sector construction procurement.  However, the NEC did not fit the usual tender route set out in contract standing orders and therefore Cabinet approval was sought to depart from them on this occasion.

 

The NEC was recommended for a number of reasons including its flexibility in terms of payment options, as well as clarity of the standard format.  More importantly the NEC enabled enhanced accountability and management of risk.

 

The form of NEC contract recommended by Davis Langdon LLP was termed the Target Contract with Activity Schedule.  This entailed a two stage tendering process.  In the first stage bidders must demonstrate a sound track record of delivering construction projects on time and to budget.  This core requirement would be assessed during the first stage to identify the preferred bidder.  The areas evaluated would include: 

 

·                    the price tender submission for preliminaries, overheads and profit

·                    experience of contractor

·                    method statement

·                    innovation / adding value

·                    supply chain management

·                    culture of the organisation

·                    experience of working within a Partnered environment.

 

During the second stage of the process, the selected bidder would work to develop the project within the target price set by the Council.  This would involve phased procurement of packages using an activity schedule which did not exceed the target price.  The contractor would be required to competitively tender the packages on an “open book” basis.  The target price was inclusive of all fees and overheads.  Once the target price had been set, the NEC clearly set out mechanisms to control the budget by management of risk.

 

In respect of the final design and appointment of construction contractors, the tendering process had now commenced.  A contractor would be selected from a short list who had met pre-qualification conditions following a submission of the first stage tender document.  The outcome of the evaluation process would be reported to Cabinet later in the Summer for approval prior to the award of the contract.

 

Davis Langdon LLP had also commenced preliminary work on a master plan for St Cyres School.  The intention was to develop a scheme that could be submitted to the Welsh Assembly Government during 2009.  The Welsh Assembly Government had indicated that additional capital funding for schools may be available from April 2010. 

 

With respect of Llantwit Major, initial design work would commence during 2008.  The intention was to link the re-development of Llantwit Major School with the St Athan Ministry of Defence development.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the progress on the School Investment Strategy be welcomed.

 

(2)       T H A T a two stage appointment of preferred contractor, under the New Engineering Construction contract for the procurement of Cowbridge School be approved.

 

Reasons for decisions

 

(1)       Members are fully apprised of the School Investment Strategy.

 

(2)       The most cost effective procurement route would be used to secure Cowbridge School.

 

 

C14     ACCOMMODATION STRATEGY FOR OLDER PEOPLE (DSS) (SCRUTINY - SOCIAL CARE AND HEALTH) -

 

Cabinet approval was sought to develop an accommodation strategy for older people in the Vale of Glamorgan. 

 

The Health Social Care and Wellbeing Strategy 2008-2011, living better, living longer, outlined the actions planned within the Vale of Glamorgan:

 

·                    to keep people fit and healthy

·                    help people live independently in their own homes, and

·                    support people in the greatest need in a way, and at a time, which made the most positive difference to their lives.

 

The vision for older people within the Strategy was to make the Vale of Glamorgan a place where they could live healthy, independent lives, with easy access to high quality health and social care when they need it.  This would be achieved through a number of means, including:

 

·                    Developing an integrated approach to re-ablement, where partners worked together to provide joined up services that enabled people to regain their independence as soon as possible after a hospital stay or where they need more support to stay in their own home.

·                    Developing Extra Care housing schemes that provide services for older people with a range of social and healthcare needs from low level care to more intensive care provided over a long period of time. 

·                    Ensuring that older people have the opportunity to live healthy lives and know how and where to get support by building on existing schemes and, where necessary, developing new schemes to support self care.

·                    Ensure that telecare solutions are fully exploited so that people are able to maintain their independence for as long as possible.

 

There were considerable implications for the way in which residential care would have to be provided in future.  Key outcomes for an accommodation strategy would be to:

 

·                    reduce the number of people entering residential care

·                    change the balance of residential care provision away from accommodating frail older people (who could live at home with more intensive and enabling support) towards those suffering from dementia

·                    reduce hospital admissions and delayed discharges for accommodation reasons

·                    increase the percentage of older people remaining at home or in properties which promote independent living, including sheltered and supported living

·                    increase those services in the community for older people which have a preventative focus.         

 

It was proposed that a joint strategy be developed with partners in the Local Authority and the NHS to ensure that residential services were developed to meet the aspirations and needs of older people in the Vale.  This task would be incorporated within the relevant section of the Directorate’s Change Plan, to ensure that it was delivered using a project management approach (i.e. with named accountable officers, a completion date, clear milestones and regular update reports).

 

This was a matter for Executive decision.

 

RESOLVED - T H A T an Accommodation Strategy for Older People within the Vale be developed.

 

Reason for decision

 

To enable the Council to identify accommodation options for older people which are best able to meet assessed needs, promote independence and support timely and appropriate discharge from hospital in ways that are most economic, efficient and effective.

 

 

C15     CHARTER FOR SOCIAL SERVICES (DSS) (SCRUTINY - SOCIAL CARE AND HEALTH) -

 

Cabinet approval was sought for a Social Services Charter in the Vale of Glamorgan.

 

The Directorate provided and commissioned services for vulnerable individuals and people who were in need within the Vale of Glamorgan and who were eligible for support.  These services were intended to meet the Council’s responsibilities as set out in Statute and Guidance.  Many of the services were regulated by the Care and Social Service Inspectorate of Wales.  There was an expectation within the statutory and regulatory framework that the Council would:

 

·                    set out for the public a statement of purpose which described the ethos underpinning the service, and

·                    provide clear direction for staff who deliver the services.

 

A Charter for Social Services had been drafted to ensure that the Council was able to meet this expectation.  On the basis of advice from Legal Services, it would also assist the Council in making and justifying decisions when it became necessary to review existing services and to develop new services, to ensure best practice and the most effective use of resources.

 

A copy of a draft Charter was attached at Appendix A to the report and stated that people in need of help from Social Services and eligible for assistance would be supported to:

 

·                    maintain their personal dignity and self respect

·                    increase their independence, choice and control

·                    stay safe

·                    improve their quality of life and make use of opportunities

·                    improve their health and emotional well being

·                    achieve greater economic well being, and

·                    make a positive contribution to their community.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the Charter for Social Services be adopted and use when existing services were reviewed and new services developed in the Vale of Glamorgan to ensure best use of resources.

 

Reason for decision

 

To ensure that the Council provides a clear statement about expectations of staff in delivering social services and the nature of the support it intends to provide for service users and carers, having due regard to eligibility criteria and resource management considerations.

 

 

C16     MATTER WHICH THE CHAIRMAN HAD DECIDED WAS URGENT -

 

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

 


 

 

C17     FOUNDATION PHASE (DLD) (SCRUTINY - LIFELONG LEARNING) -

 

Urgent by reason of the need to make a decision to accept the Foundation Phase Grant within Welsh Assembly Government timescales.

 

The Chairman of the Scrutiny Committee (Lifelong Learning) had been consulted and had agreed that this matter should be determined by Cabinet under Paragraph 13.09 of the Constitution which related to urgent decisions “which cannot be reasonably deferred”. 

 

Cabinet were updated on the Welsh Assembly Government proposals to implement the Foundation Phase curriculum from September 2008 and were requested to determine whether to accept a grant of £1,065,000 for that purpose. 

 

During the course of meetings with Assembly officials, discussions had covered:

 

·                    Accuracy of data relating to the number of pupils involved in the Foundation Phase, current staffing levels and the staffing necessary to achieve the staffing ratios.

·                    The funding available, the identified gap and the need for a funding guarantee for the future.

·                    The need to be clear about what will be expected to be achieved in the first year and at each stage of roll-out, with that understanding shared by the Estyn Inspectorate.

·                    Options for phasing the roll-out, including extending the roll-out period.

·                    Details of the Grant conditions.

·                    Serious concerns regarding timescales to progress implementation in the short time now available before September 2008.

 

Notification was received from the Welsh Local Government Association on 23rd May, which confirmed:

 

“the majority of responses reflected a reluctant willingness to accept Department of Children, Education, Lifelong Learning and Skills proposals but with severe reservations.  A significant minority suggested further discussions.  Given the timescale and indication from DCELLS that the Minister would consider writing to Authorities without a WLGA / ADEW response, it was decided that the Association would offer a qualified acceptance of the proposed terms and conditions”.

 

In advance of yesterday’s evidence session with the Assembly’s Finance Committee, the WLGA indicated to the Education Minister that it would accept the proposed terms and conditions of the Foundation Phase Grant so as to enable the funding to be released to authorities but that it did not agree with several of the draft conditions.  Councillor John Davies will now write to the Minister, Jane Hutt, formally outlining this position.  In his letter, Councillor Davies will express specific concerns over paragraphs 6 and 15 and more general dismay at the bureaucracy and administrative burdens created by the reporting procedures outlined in the DCELLS document.  He will also ask the Minister for assurances that she will stand by her commitment to distribute the Foundation Phase Grant on the basis of pupil numbers and further confirmation that she does not intend to pursue a deficit funding approach”.

 

On 22nd May, the Welsh Assembly Government had made a formal offer of Grant to support the Foundation Phase.  The total allocation in Wales was £5m. to maintain levels of provision within current pilot settings and £25m. to be allocated to local authorities to roll-out the Foundation Phase to all schools.  The Vale proportion of the latter sum was £1.065m. as had been previously reported.  The Vale proportion of the £5m. available to support the pilot settings was not yet known. 

 

As part of the acceptance process, the Assembly Government had requested that the Council resubmit, by 30th May, how it was proposed to utilise the Grant Allocation.

 

In circumstances where schools had not been prepared to fully engage in discussions because of the funding shortfall and where the Grant letter had been issued and a response required outside the school term, timescales were considered to be unhelpful. 

 

Throughout the process of discussions, with Assembly officials, Headteacher representatives had been directly involved and had had an opportunity to support the arguments made regarding the need for future funding guarantees.  It was considered to be unfortunate therefore that the timing of the Welsh Assembly correspondence precluded further formal discussions with Headteachers locally.

 

In the timescales available, options available to the Council included:

 

·                    not to accept the Grant

·                    to accept the Grant based on a commitment to allocate the funds to schools, based on pupil numbers (accepting that this will be insufficient to fund the Foundation Phase ratios and requirement in full)

·                    to accept the Grant based on a plan aimed at having “the greatest impact on the youngest children” through phasing.

 

Each of these options had serious implications.  In the event of a decision not to accept the Grant, it could be argued that Vale children would be comparatively disadvantaged in situations where other authorities received the funding to invest in early years provisions.  This position would be untenable if, as expected, the Welsh Assembly introduced statutory powers for implementation of the Foundation Phase during June / July.  In such circumstances, the Council would have no choice but to implement the Foundation Phase and any funding available to the Council would need to be utilised. 

 

If the Council accepted the Grant and allocated the funding to schools based on pupil numbers, there would be a clear funding gap between the resources available and those needed by schools to deliver the curriculum.  Whilst the Assembly had decided that the teaching ratios used in the pilot would not be statutory, the reality was that effective implementation of this initiative would need a significant reduction in the staff pupil ratio.  Whilst some progress would be possible, schools would not be in a position to fully implement the Foundation Phase curriculum across the full age range, 3-7. 

 

The third option would provide greater clarity by focussing the role-out in nursery classes in the first year.  If this approach was adopted, the curriculum could be implemented and subject to recruitment processes, the desired ratios delivered for this age group.  The major disadvantage with this approach would be that it established a huge dependency for future funding being guaranteed.  Without such funding schools would be unable to continue to support the Foundation Phase for these children through Key Stage 1.

 

It was disappointing that the roll-out of an initiative which had the potential to provide direct and significant benefits to Children in Wales was not clearly funded and appeared to be the victim of poor project management. 

 

The Minister had confirmed that further funding was needed and would be made available to complete the roll-out of the Foundation Phase.  Assurances had been given to Headteachers on this basis.  Welsh Assembly Government officials were also establishing new project management arrangements to support implementation.

 

In presenting the report to Cabinet, the Director of Learning and Development reiterated the position of Vale schools was not that they would not implement the initiative, but that they could not implement without the necessary funding.

 

On the basis of the above and following discussions within the Corporate Management Team, it was recommended that Cabinet instruct the Director of Learning and Development to accept the Grant officer “in principle”, but to consult Headteacher representatives over options for implementation as a matter of urgency.  In responding to the Assembly, concerns should be expressed about the processes, the need for greater clarity and the essential requirement for a funding guarantee, in order to ensure that the medium and long term costs of the Foundation Phase were fully funded. 

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the urgency procedures of the Council be adopted to determine this matter.

 

(2)       T H A T the Director of Learning and Development be authorised to accept “in principle” the Foundation Phase Grant of £1.065m.

 

(3)       T H A T the Director of Learning and Development be authorised to write to the Welsh Assembly Government detailing the Authority’s concerns and the need for guaranteed funding for implementation.

 

(4)       T H A T arrangements be made to consult Headteacher representatives at the earliest opportunity.

 

(5)       T H A T the Director of Learning and Development report to the Cabinet meeting scheduled for 11th June 2008 on the implementation of the Foundation Phase following consultation with Headteachers.

 

Reasons for decisions

 

(1)       To enable a decision to be made.

 

(2)       To comply with Council financial regulations.

 

(3)       To highlight outstanding concerns.

 

(4)       To ensure Headteachers continue to be engaged in this matter.

 

(5)       To inform Cabinet.

 

 

C18     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 headings.

 

 

C19     SCHOOL TRANSPORT 2008-2011: RESULTS OF TENDERING EXERCISE AND AWARD OF CONTRACTS (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) (EXEMPT INFORMATION - PARAGRAPH 8) -

 

Cabinet were advised of the results of a recent tendering exercise in respect of a number of school bus services for contract renewal and to commence in September 2008.  In addition, approval was sought to increase the charge for paid passes on mainstream school transport.

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the contracts for the school bus services detailed in the report be approved.

 

(2)       T H A T the Director of Legal, Public Protection and Housing Services in consultation with the Director of Environmental and Economic Regeneration and Cabinet Member for Planning and Transportation be authorised to prepare, complete and execute the necessary contracts upon such terms and conditions as they deem appropriate, arising from the resolution.

 

(3)       T H A T the revised charge for school passes on mainstream school transport from £170 to £180 per academic year with effect from September 2008 be approved.

 

Reasons for decisions

 

(1)       To ensure an ongoing school bus service provision from September 2008 which the Council has a statutory obligation to provide.

 

(2)       To ensure that the Council’s interests are adequately protected.

 

(3)       To increase the charge for passes in line with inflation (there had been no increase for two years).

 

 

C20     RHWS PRIMARY SCHOOL NEW CLASSROOM BLOCK: TENDER ACCEPTANCE (DFICTP) (SCRUTINY - LIFELONG LEARNING) (EXEMPT INFORMATION - PARAGRAPH 14) -

 

Cabinet received details of tenders received and were requested to accept the best compliant tender.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the lowest compliant tender submitted by Knox and Wells Ltd be accepted.

 

Reason for decision

 

To enable the formal contract for the works to be prepared and executed.

 

 

C21     MAJOR REPAIRS ALLOWANCE (MRA) BUILDING PROGRAMME 2008/09 (DLPPHS AND DFICTP) (SCRUTINY - SOCIAL CARE AND HEALTH) (EXEMPT INFORMATION - PARAGRAPH 14) -

 

Approval was sought to extend certain existing building contracts for works in Council Housing stock funded by the Welsh Assembly Government MRA. 

 

Competitive tenders had been sought and contractors appointed, in the year 2007/08 to carry out a programme of works that included window / door replacement, central heating renewals, electrical testing, rewiring and smoke alarms. 

 

There was a requirement to maintain a certain level of MRA expenditure to deliver the interim works programme identified for financial year 2008/09 whilst work continued in developing the long term investment works programme for the future. 

 

In order to maintain the momentum and continuity of works and spend it was proposed that the Council utilised the expertise of contractors who had developed suitable procedures and had demonstrated their ability to work in accordance with the Council’s requirements and procedures.  Officers would ensure that value for money was obtained and current works contracts would only be extended where it could be demonstrated that:

 

·                    the contractor’s performance to date had been entirely satisfactory

·                    the rates for the works shall be based on the previously successfully competitively tendered rates which at the maximum shall be subject only to an increase to reflect inflation (using Construction Industry Standard Price Indices)

·                    the contractor has the capacity to carry out this further work within fixed timescales.

 

These proposals, if implemented, would only account for a proportion of the entire works programme for the year and the remainder of the programme would be procured in the traditional manner via a competitive tendering manner.  A list of contracts proposed to be extended was attached at Appendix A to the report.

 

The proposal would require an exemption to Contract Standing Orders.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the Head of Housing Services be granted delegated authority in conjunction with the Leader, Cabinet Member and Director of Finance, ICT and Property to extend existing building contracts provided they met all of the criteria set out above. 

 

(2)       T H A T an exemption to Contracts Standing Orders be granted.

 

Reason for decision

 

(1&2)  To assist in the efficient delivery of the Major Repairs Allowance Capital building programme for the year 2008/09.