THE VALE OF GLAMORGAN
COUNCIL
MINUTES of a meeting held on 5th
December, 2007.
Present: Councillor Mrs. A.J. Preston
(Deputy Mayor, in the Chair); Councillors
Ms. M.E. Alexander, Mrs. S.M. Bagstaff, R.J.
Bertin, Mrs. M.E.J. Birch, Ms. R.M. Birch,
Ms. L. Burnett, Mrs. J.E. Charles, P. Church,
Mrs. C.V.L. Clay, J. Clifford, Miss. J. Cole, G.A. Cox,
R.F. Curtis, A.D. Dobbinson, S.C. Egan, A.M. Ernest, C.P.
Franks, N.J. Gibbs, E. Hacker, A.D. Hampton, Mrs. V.M.
Hartrey, M.R. Harvey, N.P. Hodges, H.J.W. James, T.H.
Jarvie, G. John, F.T. Johnson, Mrs. M. Kelly Owen,
G.C. Kemp, N. Moore, C.L. Osborne, S.I.
Sharpe, B.I. Shaw, K.R. Stockdale, J.W. Thomas, W.C.
Vaughan, Mrs. M.R. Wilkinson, S.T. Wiliam,
A.J. Williams, C.J. Williams, E.T. Williams and
M.R. Wilson.
These were received from Councillors Mrs. A.J.
Moore, A.G. Powell, Mrs. M. Randall and A.C.
Williams.
587 DECLARATIONS OF
INTEREST -
The Members whose names appear in the schedule
to the minutes declared an interest in the matters indicated
against their names.
588 MINUTES -
The minutes of the meeting held on
23rd October, 2007 were approved as a correct record
subject to it being noted that Councillor B.I. Shaw’s declaration
of interest in respect of Minute 406 was due to his being a
Governor of St. Helen’s Infant School.
589 PETITIONS -
The following petitions were submitted and
passed to the relevant Director:
(i) From residents
of Barrians Way requesting that the Council adopt the footpath
lying between the properties of numbers 40 and 41 Barrians Way and
the small grassed area behind these properties and also requesting
the erection of a lamp post to the rear of the footpath in order to
deter the congregating of youths in the area (submitted by
Councillor Miss. J. Cole).
(ii)
From Sully Spartans Cricket Club requesting the use of the Burnham
Avenue playing fields in summer 2008, the facilities being in the
freehold ownership of the Council (submitted by Councillor A.M.
Ernest).
590 QUESTIONS PURSUANT
TO COUNCIL PROCEDURE RULE 8.2 -
Due notice had been given of the following
questions:
(i)
Question from Councillor G. Cox
Many of my constituents who wish to obtain
the services of the CAB will be adversely affected by the closure
of the Cowbridge office, said to be as a result of a cut in Council
funding. Especially concerned will be those who are elderly and
those with disabilities who do not have their own transport. To see
an adviser in order to resolve their problems they will have to
travel to the Barry CAB, which will be difficult with the poor
public transport links.
Will the Leader tell me:
1.
The steps that she will take to resolve the problem?
2.
Whether the action taken by the CAB complies with the service level
agreement between them and the Council?
3.
What level of funding the CAB can expect for the next financial
year compared to this year?
Reply from the Leader of the
Council
On 23rd May, 2007 the Cabinet
agreed a three year funding programme for the CAB. This year
the funding was set at £180,000. For 2008/9 the funding is
£160,000 and £150,000 for 2009/10.
The Council is currently in negotiation with
CAB regarding a new Service Level Agreement for the next financial
years. At CAB's request the Service Level Agreements will be
agreed annually.
The issues raised by the Member will be
addressed as part of the ongoing negotiations between the
Council and the CAB.
I should advise Council that, to date, the CAB
has not formally informed us that there will be any closures.
Supplemental
Referring to the work of CABs and other
voluntary organisations as complementing the work of the Council,
Councillor Cox queried whether residents were to be deprived of
services or whether the Council would have to provide such services
at greater cost.
In reply, the Leader advised the she, the
Deputy Leader and the Director of Finance, ICT and Property would
be meeting with CAB to allow all views to be expressed and,
hopefully, reach an amicable decision.
(ii)
Question from Councillor M.R. Wilson
Could the Cabinet Member tell us about the
educational benefit of the Safe Routes to School investment in
Penarth?
Reply from the Cabinet Member for
Education and Lifelong Learning
I would point out that I work closely with the
Cabinet Member for Planning and Transportation given that several
of these issues cross both our portfolio areas.
The Council has been very successful in
attracting funding not only under the Safe Routes to School
Scheme but also under the Local Road Safety Grant. In Penarth
much of the funding has been for the cycle routes in the vicinity
of Stanwell and Evenlode Schools as well as various 20mph
schemes.
From an educational point of view the
Council’s Road Safety Team has provided cycle training for Evenlode
School and the Stanwell feeder schools with pupils likely to cycle
to school (Sully and Victoria).
Other schemes such as “Kerbcraft”
(child pedestrian training) have been provided to follow up on
newly completed projects such as the new Zebra Crossing outside
Victoria School and the Toucan Crossings near Evenlode. This
provides practical training with every child being shown how to use
the crossing and to practise using it under supervision.
I am pleased to advise that this type of
training is not unique to Penarth and is also provided at other
locations throughout the Vale as new crossing points are
established.
The Safe Routes to Schools initiative also has
specific curriculum linked educational benefits. These
include:
·
Wellbeing - health and exercise
·
Language and Communication - language and social interaction with
peers
·
Knowledge and Understanding of the world - geography, weather, road
safety and safety of oneself.
Being fit and walking to school is a good
concept for children, is “green” practice and provides a carbon
saving.
(iii)
Question from Councillor M.R. Wilson
Will the Council consider closing off the
access to Cae Gwyn from St. Garmons Road in view of the recent
anti social behaviour incidents?
Reply from the Cabinet Member for
Housing and Community Safety
The footway link from St. Garmons Road to Cae
Gwyn provides a route for a realigned Public Right of Way No.12
giving access to Cosmeston Country Park.
To close the footway would require the highway
to be extinguished.
There are a number of possible ways that the
Council as Highway Authority could progress this matter in
compliance with the Highways Act 1980:
·
Firstly the Council would need to satisfy itself that the footway
was unnecessary or that it could be diverted to make it nearer or
more accessible for the public.
·
Alternatively, if the area was designated as a high-crime area and
the footway was seen as facilitating the persistent commissioning
of criminal offences then closure would be possible. The
Police and officers of the Council have already discussed the
issues and have agreed that a multi-agency task and finish group be
set up to determine the level and type of crime and disorder in the
area. Once this has been done the group will then consider
and recommend appropriate actions to address the issues and these
will be reported to the local PACT meeting and relevant
agencies.
Supplemental
Councillor Wilson stated that he hoped the
relevant Cabinet Member would meet with residents and fellow Ward
Members, discuss and reach a mutually acceptable solution.
In response the Cabinet Member indicated she
would be prepared, with senior officers, to attend such a
meeting.
(iv)
Question from Councillor M.R. Wilson
Will the Cabinet Member for Social Services
tell me who was responsible for bringing in the arbitrator, which
has resulted in a large increase in social services spending?
Reply from the Cabinet Member for
Social and Care Services
The arbitration proceedings were initiated by
one of the Care Home providers in the Vale.
The Council failed to prepare adequately for
the hearing.
I am pleased to say that we are doing
everything we can to work with the care home providers to agree a
reasonable figure that is both acceptable and affordable to all
parties. You will be aware that this Cabinet set an interim
figure of £390.00 which is currently being paid in the Vale.
We are aware that the care home provider who
took us to arbitration last time is again using arbitration to set
the fees for their home this year.
We will continue to work in partnership with
care home providers in the Vale in the future, in a positive way
that ensures the best possible services to our residents.
(v)
Question from Councillor M.R. Wilson
Could the Cabinet Member for Visible Services
make a statement about the recycling of tetra-paks in the Vale of
Glamorgan?
Reply from the Cabinet Member for
Visible and Building Services
I am pleased to inform Councillor Wilson that
the Council is currently taking part in a scheme developed by the
Welsh Assembly Government and Tetrapak which involves the use of
five 1100 litre capacity wheeled bins located throughout the Vale,
one at each of our three larger community recycling sites (the main
supermarket stores) and one at each of our Civic Amenity sites.
The servicing of containers is carried out by
a Bristol based company, Recresco Ltd, on a fortnightly
basis. If the current scheme proves successful we will
consider its expansion into other areas of the Vale during
2008.
I am sure Councillor Wilson will remember us
bringing this issue to the relevant Scrutiny Committee under the
previous administration and us being told it could not be done.
Supplemental
Councillor Wilson asked whether the Cabinet
Member would ensure maximum publicity.
The Cabinet Member indicated he would.
(vi)
Question from Councillor T.H. Jarvie
Planning permission was recently granted for
this organisation’s new premises adjoining Cowbridge Leisure
Centre, and they are keen to make early progress with building work
so they can move out of their present temporary accommodation.
Can the Cabinet Member please reaffirm the commitment of this
Council to assisting them as a matter of urgency?
Reply from the Cabinet Member for
Finance, ICT and Property
I am aware of Councillor Jarvie’s involvement
in the project.
Yes I am more than happy to confirm that this
Council is committed to Early Years provision within Cowbridge.
Officers have negotiated with the charitable
service providers to consider all the options to support the
project within Council resources and this has now as I understand
it been resolved.
A Cabinet report is being prepared for the
next available Cabinet.
(vii)
Question from Councillor H.J.W. James
Residents of Lundy Park have become alarmed to
discover that a huge quantity of soil has been removed from the
area that runs parallel to 8 Redberth Close. I have been
advised that Mr Beaman of Parks and Ground Maintenance has
inspected the area with the Chairman of the Residents Group and
they were both alarmed that the land has been scalped and the soil
removed without permission.
In particular the residents are fearful that
the removal of this large amount of soil will leave them even more
vulnerable to flooding especially as the area is now just a sea of
mud.
Can you inform Council if you are aware of
this matter?
If you have any knowledge of this situation
can you advise me of when you became aware of it?
What enquires have you made into why and who
removed this soil?
What are you doing to ensure that this area is
restored?
What assurances can you give that this will
not worsen the threat of flooding to residents of Lundy Park?
Reply from the Cabinet Member for
Visible and Building Services
I wish to make myself very clear on this
matter. Work took place under your administration, early in
2006.
I am aware of issues with the reinstatement by
Dwr Cymru Welsh Water of the Smithies Field area, which is the area
to which you refer. I first raised my concerns with Dwr Cymru
Welsh Water as regards this matter early in 2006 with both Phil
Beaman and Dwr Cymru Welsh Water. The reinstatement issue is
currently being discussed between our officers and Dwr Cymru Welsh
Water. If it is considered necessary, appropriate works will
be undertaken to this land as part of the flood prevention actions
currently being considered. I would add that Officers do not
believe that the soil structure within Smithies Field was a
significant contributory factor to the recent flooding event.
As far as assurances are concerned, there can
be no guarantees in respect of flood prevention however, I am
personally working with our own officers and senior officials from
Dwr Cymru Welsh Water, the Environment Agency and the Welsh
Assembly Government to introduce measures aimed at reducing the
flood risk in this area in future.
I would like to add that I am determined that
the Council does not get side-tracked regarding issues but
concentrates on developing a scheme designed to help reduce the
risk to residents of flash flooding.
Supplemental
Referring to residents having been severely
affected by flooding now having been contacted by insurance
companies and facing being penalised for claiming and being
requested to pay extremely high excesses, Councillor James asked
whether the Cabinet Member was aware and whether he would be
working with partners and stakeholders to overcome such issues.
In reply, the Cabinet Member thanked for
Councillor James for his concern regarding residents of the Cabinet
Member’s Ward, particularly given that no Conservative candidates
had stood in the Ward in the last few elections. He indicated
that he was not aware of the stance of insurance companies and that
he would take up the matter. He was concerned that this
should not become a political issue.
591 REVIEW OF POLLING
DISTRICTS AND POLLING STATIONS (CX) -
The Representation of the People Act 1983
required local authorities to carry out a four yearly review of
parliamentary polling districts and places. The Electoral
Administration Act 2006 introduced a duty for all polling districts
and polling places to be reviewed by the end of 2007. Members
received a report on various proposals in respect of polling
districts and places. Consultation had taken place with MPs,
AMs, Members of the Council itself and Town and Community Councils,
political parties and SCOPE. In addition, the review had been
advertised in local newspapers and on the Council’s
website.
In addition to the contents of the report, the
Chief Executive confirmed he would look into the issues raised by
Members at the meeting in respect of polling facilities at the
Waterfront, Barry and at Llanfair.
RESOLVED -
(1) T H A
T the list of polling districts contained in Appendix 1 to the
report, including the changes to Districts 29 and 31, be
approved.
(2) T H A
T the Chief Executive be authorised to keep polling districts and
places under constant review and make any necessary changes between
major reviews.
(3) T H A
T the proposed changes to polling stations in Districts 24, 28, 40,
42, 43, 44, 50, 52, 69, 85, 95 and 105 by the Returning
Officer in the comments column in Appendix 1 to the report be
noted.
592 FREEDOM OF THE
COUNTY BOROUGH, ROYAL WELSH REGIMENT (CX) -
Members received a report regarding the
possibility of granting the Freedom of the County Borough of the
Vale of Glamorgan to the Royal Welsh Regiment in recognition of
their distinguished service history and their long association with
the County Borough and their distinguished service history to
Wales.
In response to points raised by various
Members regarding the Regiment’s association with the Vale of
Glamorgan, the Leader alluded to the fact that the Regiment
contained serving officers from the area. She further stated
that should the Freedom be accepted, further connections could be
developed.
Whilst in no way disagreeing with the
proposal, Councillor H.J. W. James referred to the existence of the
joint task force actually based within the Vale of Glamorgan, at
the Ministry of Defence, St. Athan. He suggested that it
might also be pertinent to consider granting Freedom to that task
force.
The Deputy Leader referred to the fact that
the only request formally before the Council was that in respect of
the Royal Welsh Regiment but any similar future requests would be
fully considered.
RESOLVED -
(1) T H A
T, pursuant to its powers under Section 249 of the Local Government
Act 1972, the Council confer upon the Royal Welsh Regiment the
Freedom of the County Borough in recognition of their distinguished
service history.
(2) T H A
T the Chief Executive be granted delegated authority to make
suitable arrangements for the Freedom ceremonies, parades and
events in consultation with the Leader of the Council and the
Mayor.
(3) T H A
T the Cabinet Office take responsibility for the organisation of
the event.
593 DETERMINATION OF
EQUAL PAY GRIEVANCE PROCEDURE FOR EMPLOYEES (DLD / DLPPHS) -
The following Members left the meeting for the
duration of this item given that they had declared an interest:
Councillors A.D. Dobbinson, S.C. Egan, A.M.
Ernest, C.P. Franks, N. Moore, Mrs. M.R. Wilkinson and C.J.
Williams.
The National Single Status Agreement which
harmonised terms and conditions of former APT and C employees and
former manual employees included the introduction of a fair and
equitable pay and grading structure. Whilst the Council was
progressing job evaluation, this did not deter employees from
raising concerns about the equality of their pay.
The Council had received a number of grievance
letters on behalf of employees raising concerns regarding equal
pay. Cabinet on 18th July, 2007 had approved
proposed grievance and appeals procedures specifically in respect
of equal pay. At the last meeting of the Joint Consultative
Forum and at the Single Status Meeting, the Joint Trade Unions had
confirmed their continued support for the Council approving such
arrangements.
RESOLVED -
(1) T H A
T the Equal Pay Grievance and Appeals Procedure for employees, as
attached to the report, be approved.
(2) T H A
T the Head of Human Resources or his / her senior representative be
granted delegated authority to hear and determine Equal Pay
Grievances and Appeals, in line with the Equal Pay Grievance and
Appeals Procedure for Employees.
(3) T H A
T the Constitution be amended accordingly.
594 INITIAL CAPITAL
PROGRAMME PROPOSALS 2008/09 (DFICTP) -
RESOLVED - T H A T the proposals of the
Cabinet, as set out in Cabinet Minute No. C3276, 21st
November, 2007, be approved.
595 HOUSING REVENUE
ACCOUNT BUSINESS PLAN (DLPPHS / DFICTP) -
During discussion on this item, Councillor
H.J.W. James moved that the recommendation to grant delegated
authority to the Chief Executive, in consultation with the Leader
and Deputy Leader, to agree changes, be amended to refer to “minor
changes”.
In addition to the above, Council was also
reminded that, at Cabinet, the Director of Finance, ICT and
Property had highlighted that the Business Plan was based on the
Council achieving the WHQS by 2014/15, which was two years later
than the Wales Assembly Government target date.
RESOLVED - T H A T the proposals of the
Cabinet, as set out in Cabinet Minute No. C3299, 28th
November, 2007, be approved subject to the delegation to the Chief
Executive in recommendation 3 being amended so that it relates to
“minor changes”,
596 LICENSING POLICY
(DLPPHS) -
RESOLVED - T H A T the proposals of the
Cabinet, as set out in Cabinet Minute No. C3300, 28th
November, 2007, be approved.
________________
SCHEDULE OF DECLARATIONS
OF INTERESTS
|
Councillors A.D. Dobbinson, S.C. Egan,
A.M. Ernest, C.P. Franks, N. Moore, Mrs. M.R. Wilkinson and
C.J. Williams
|
Agenda item no. 8: Determination of equal pay
grievance procedure for employees (given that the Members concerned
had relatives within the employ of the Council.
|