Welcome to the
Vale of Glamorgan Council

CABINET

 

 

MINUTES of a meeting held on 28^th March, 2007.

 

Present: Councillor Ms. M.E. Alexander (Chairman); Councillor N. Moore (Vice-Chairman), S.C. Egan, C.P. Franks, N.J. Gibbs, G. John, Mrs. M. Randall and Mrs. M.R. Wilkinson

 

Also Present: Councillor Mrs. V.M. Hartrey and A.D. Hampton

 

 

C2946                        APOLOGIES –

 

An apology was received from Councillor C.J. Williams.

 

 

C2947                        MINUTES -

 

RESOLVED - T H A T the minutes of the meting held on 14^th March, 2007 be approved as a correct record.

 

 

C2948                        DECLARATIONS OF INTEREST -

 

No declarations were received.

 

 

C2949                        PENARTH HEIGHTS (REF) -

 

Scrutiny Committee (Community Wellbeing and Safety) on 12^th February, 2007 received a report which highlighted the current position in respect of revenue and capital expenditure for the period 1^st April, 2006 to 31^st December, 2006.

 

Committee also received a supplementary report which detailed costs in association with the Penarth Heights Development, and Members expressed concern in respect of the loss of income and questioned how long the Council was prepared to hold Council properties for tenants of Penarth Heights. 

 

Scrutiny Committee 

 

RECOMMENDED - T H A T on approval of planning permission at the site, Cabinet be requested to take urgent steps to recover the remaining properties.”

 

Cabinet, having considered the recommendation of the Scrutiny Committee, and having been apprised by the Director of Environmental and Economic Regeneration that this work was in progress,

 

RESOLVED - T H A T the recommendation of Scrutiny Committee (Community Wellbeing and Safety) be noted.

 

 

C2950                        REPORT OF A MEETING - HOUSING SUB-COMMITTEE HELD ON 15TH FEBRUARY, 2007 - (REF) -

 

Scrutiny Committee (Community Wellbeing and Safety) on 12^th March, 2007 received a report of the Housing Sub-Committee held on 15^th February, 2007:

 

Present:  Councillor K.R. Stockdale (Chairman); Councillors Mrs. M.E.J. Birch, Ms. R.M. Birch, R.J. Bertin, Mrs. J.E. Charles, P. Church, Mrs. A.J. Preston and J.W. Thomas.

 

Also present:  Councillors G. John and E. Hacker.

 

 

(a)            Apologies for absence -

 

No apologies were received.

 

 

(b)            Minutes -

 

RECOMMENDED - T H A T the minutes of the meeting held on 18^th January, 2007 be approved as a correct record.

 

 

(c)            Declarations of Interest -

 

No declarations were received.

 

 

(e)            Private Sector Property Appreciation Loans (DCS) -

 

Capital allocation to private sector housing renewal had declined and as a consequence, the Council had prioritised its budgets and limited the availability of grant aid to Disabled Facilities Grants and properties in the Penarth Central Renewal Area.  The last renovation grant that was awarded outside these criteria was in July 2003.  Since this time the Council had no mechanism by which to assist vulnerable owners who were struggling to maintain their homes and across the Vale there were many properties falling into disrepair.

 

The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 enabled local authorities to offer various forms of assistance to their communities to assist housing renewal.  By utilising this legislation the Council could offer loan products to its clients.  To explore this opportunity further and develop a private loan scheme, the Council joined with other South Wales authorities to form the South Wales Loans Consortium.  Ms. Elen Probert, Environmental Health Officer for Cardiff Council, had been joint funded by the local authorities which formed the Consortium, Swansea, Cardiff, Caerphilly, Rhondda Cynon Taff and Torfaen, to consider a number of options to deliver a pilot loan scheme:

 

·        the administration of loans by the Council

·        one local authority providing the service with other local authorities tapping into this expertise

·        working with a third party to administer loans on behalf of the Council.

 

In view of the lack of financial expertise available within the local authorities in the Consortium, the third option had been the preferred choice and the Consortium had been in consultation with ART Home Ltd. 

 

ART Homes Ltd. was a not-for-profit special purpose organisation.  It had been established in 2000 by Aston Reinvestment Trust and was supported by Birmingham City Council.  It had since been taken over by Mercian Housing Association.  The primary purpose of the organisation was to offer financial assistance to low income homeowners who were not able to secure affordable loans on the high street to repair and maintain their property.  ART Homes Ltd. was the only special purpose organisation of this kind offering loan products and services across the UK.  It was currently working with 12 local authorities across the Midlands, Merseyside, Scotland and Wales.  To date the organisation had completed over £4.5 million of loans.  ART Homes Ltd. continue to research the market and develop products suitable for the clients and local authorities it served.  The main product ART Homes Ltd. offered was the Property Appreciation Loan (PAL). 

 

Working with ART Homes Ltd. had several advantages over the other options which included the following:

 

·        The offering of financial assistance was regulated by the Financial Standards Agency (the FSA).  ART Homes Ltd. had FSA approval.  This approval not only acted to protect the client’s financial well-being but also offered protections, and reduced the risks, to the Council’s reputation from mis-selling and maladministration.

·        The area of lending being considered was specialised.  ART Homes Ltd. had expertise in this area having developed products to specifically meet the needs of the client base.  Working in partnership with ART Homes Ltd. would enable the Council to utilise this expertise and again reduce the risks of mis-selling and maladministration.

·        ART Homes Ltd. worked with several local authorities and had been doing so for over 5 years.  This had enabled the organisation to gain experience working with local authorities, their process, procedures and rules.  This experience would enhance the partnership working relationship between the Council and ART Homes Ltd. to the benefit of the service provided to clients.

 

The PAL was basically a mortgage and would only be available to households on a low income who were not able to access funding from high street lenders.  The PAL enabled the client to borrow the free equity they held in their home.  The client’s property was valued and the amount they could borrow was calculated.  When the loan was offered to the client it was secured as a percentage of the property’s value as a registered charge.  The loan had no monthly repayments and relied upon the exchange of the property’s ownership for repayment.  The interest the loan gathered was not based on a standard interest rate, or APR, but was based upon the increase in value of the house.  The loan could only be used to finance work to repair and maintain the client’s property.  However, it could also support the Disabled Facilities Grant by financing the cost of works above the mandatory grant of £30k, client contributions and discretionary works.

 

The sustainable scheme would require Council funding from the Consortium.  Each member would need to give money to ART Homes Ltd. as a grant who in turn would ring fence that funding as a loan fund for that particular local authority.  When loans were recovered the money would be returned to the original loan fund for re-use in offering assistance to further clients in that local authority’s area.  It was through this recycling that the burden on a local authority’s capital resources would be reduced.  However, because this recycling relied upon property sale and house price rises, at present no estimation could be given about the timescales involved to model the impact of recycling.  A capital bid of £50,000 had been made through the Council’s bidding process to enable loans to be offered across the Vale. 

 

In addition to capital funding the local scheme would require revenue funding.  ARTS Homes Ltd. would offer their services in a pilot for a fixed cost.  This cost would include the cost of development, set up fees and the administration of a set number of loan referrals.  The number of loan referrals would be calculated from the grant given to ART Homes Ltd. and the estimated average cost of a loan. 

 

In addition to ART Homes Ltd. contract there would be additional revenue costs to both the Council and the client.  For the clients ART Homes Ltd. charge for the property’s valuation and solicitors fees.  These fees would be approximately £400/£500 per application.  It was the local authority’s discretion as to whether the fees were added to the loan or the local authority paid them as a grant.  In the Vale it was likely that it would be recommended that the fees be included in the loan. 

 

The Welsh Assembly Government were seeking to contribute 25% of the resources the Council would be committing to the two year pilot scheme.  A survey by one of the members of the Consortium found that 30.3% of owner occupiers would be prepared to release equity from their home under certain circumstances and 11% of owner occupiers stated that they would be prepared to use equity release under all circumstances.  Results showed households living in older dwellings were more willing to use equity to fund repairs.  Loan parents or households with children were more willing to use equity schemes whilst pensioners were less willing. 

 

RECOMMENDED -

 

(1)       T H A T the Scrutiny Committee (Community Wellbeing and Safety) be requested to recommend to Cabinet that the concept of Private Sector Property Appreciation Loans be supported and capital funding be considered by the Budget Working Group.

 

(2)       T H A T Ms. Elen Probert be thanked for her attendance at the meeting to update Members on the Property Appreciation Loans pilot project.

 

Reason for recommendation

 

(1) In order to pilot the Property Appreciation Loan to the most vulnerable homeowners throughout the Vale of Glamorgan.

 

Cabinet, having considered the recommendations of the Scrutiny Committee,

 

RESOLVED – T H A T the recommendation of the meeting of the Scrutiny Committee (Community Wellbeing and Safety) be endorsed.

 

 

C2951                        SPORTS, ARTS AND PLAY DEVELOMENT TEAM - ANNUAL REPORT (DEER) - (REF) -

 

Scrutiny Committee (Economy  and Environment) were, on 27^th February, 2007,  informed of the work undertaken by the Sports, Arts and Play Development Team during 2006.  It was noted that the Annual Report 2006 was the first such annual review for the newly formed Team who contributed to both the Council’s corporate priorities of community leadership, community wellbeing and lifelong learning, and the objectives of the WAG to increase the number of people accessing quality sports, arts and play opportunity.  Attention was drawn to the key words that encompassed the Sports, Arts and Play Development Team’s vision, namely quality, partnership and sustainability, none of which could be achieved independently.  As a consequence and wherever possible, therefore, the Team had worked in partnership with voluntary and statutory agencies to share expertise, pool resources and maximise success.  Only two members of the Team were permanent Council employees and, as such, there was a high level of vulnerability for the future of the service and inherent difficulties when planning the strategic direction of the Team.  The Annual Report then detailed measures taken in sports, arts and play development together with future planned developments and issues for consideration in the future.

 

Particular reference was made to the desirability of having a Gallery Manager/Development Officer whose remit would include overseeing the new Gallery Exhibition area in the Town Hall. It was recognised, however, that whilst there were opportunities for grant from the Arts Council, such grant would be dependent upon match funding. The continuing financial constraints upon the Council would likely, therefore, mean that little real progress would be made in respect of the above and certain of the other suggestions for improvements to the service. It was reported, however, that grant had been obtained for a further 5x60 Play Officer and that the Department was hopeful that funding for the post of Play Development Officer would be extended after March 2008.

 

Following further discussion on the above and related matters, tribute was paid to the efforts of the Team in meeting the varying challenges given the ongoing difficult circumstances.

 

Scrutiny Committee

 

RECOMMENDED –

 

(1)       T H A T the Sports, Arts and Play Team’s Annual Report 2006 be endorsed and similar reports submitted to this Committee yearly.

 

(2)       T H A T, given the vital role of sport, art and play in meeting the Council’s objectives of Health and Wellbeing and Lifelong Learning, Cabinet be urged to make available adequate funding to support the same.

 

(Note: Councillor G. John spoke on the above matter with the consent of the Committee). “

 

Cabinet, having considered the recommendations of the Scrutiny Committee,

 

RESOLVED – T H A T recommendation (1) of the Scrutiny Committee (Economy and Environment) be endorsed and that it be noted that a further report would be submitted to Cabinet in relation to recommendation (2).

 

 

C2952                        RHOOSE FOOTBALL CLUB - REQUEST FOR INSTALLATION OF CROWD CONTROL BARRIERS (DEER) - (REF) -

 

Scrutiny Committee (Economy and Environment) had, on 13^th March, 2007, given consideration to a request for the improvement of facilities at the senior pitch at Ceri Road, Rhoose, to permit the progression of Rhoose Football Club in the South Wales Senior League.  The request involved the installation of crowd control barriers, 900 mm. high and positioned 2 metres away from the pitch touch-line.  The barrier would be installed by the Club with no construction costs to the Council and it would be a requirement that the structure be covered by the Club’s own liability insurance.  In addition to covering all costs of manufacture and installation, the Club would also be responsible for any maintenance.

 

RECOMMENDED - T H A T the request from Rhoose Football Club to erect a barrier around the senior pitch at the Ceri Road site to a standard and design to be agreed by the Director of Environmental and Economic Regeneration at no cost to the Council be supported and referred to Cabinet for consideration.

 

Reason for decision

 

To enable the Club to meet the requirements of higher league football and to obtain an Executive decision.”

 

Cabinet, having considered the recommendation of Scrutiny Committee,

 

RESOLVED – T H A T negotiations be held with the Football Club to ensure that the barriers were removable (so that they would not interfere with the activities of the cricket club or any other users) and that the Director of Economic and Environmental Regeneration in consultation with the Cabinet Member for Leisure and Tourism be granted delegated authority to make a decision on this matter.

 

 

C2953                        TRAFFIC TASK AND FINISH GROUP - PROVISION OF INIDIVIDUAL DISABLED PARKING BAYS - (REF) -

 

Scrutiny Committee (Economy and Environment) had, on 13^th March, 2007, received a report of the Traffic Task and Finish Group held on 28^th February, 2007:

 

Present: Councillor N.P. Hodges (Chairman); Councillors R.J. Bertin, Mrs. M.E.J. Birch, J. Clifford, E. Hacker, Mrs. A.J. Preston, Mrs. S.I. Sharpe and M.R. Wilson.

 

(a)            Declarations of Interest -

 

No declarations were received.

 

 

(b)            Provision of Individual Disabled Parking Bays (IDPB) -

 

Scrutiny Committee (Economy and Environment) on 28^th November, 2006 had agreed the recommendations of the meeting of the Traffic Task and Finish Group held on 14^th November, 2006 that

 

“The topics to be considered by this Task and Finish Group be ‘provision of parking bays’”.

 

To assist in the Group’s deliberations, Members had been provided with copies of

 

-           Scope of the Task and Finish Group

-            Minutes of the last meeting of the Group as accepted by Scrutiny Committee (Economy and Environment)

-           Report of the Director of Environmental and Economic Regeneration to Scrutiny Committee (Community Wellbeing and Safety) on 7^th December, 2006

-            Decision of Scrutiny Committee (Community Wellbeing and Safety) of 7^th December, 2006 as endorsed by the Scrutiny Committee (Economy and Environment) on 16^th January, 2007.

 

Mr. Paul Gay, Operational Manager - Engineering Design, advised Members that the procedure followed by the Council in allocating IDPBs had been in place for many years, and had actually been inherited from the former South Glamorgan County Council.

 

Members had been provided with a copy of the policy and procedure for the provision of IDPBs.  The procedure involved much officer-time although it was impossible to quantify the costs.

 

The rate of provision of IDPBs had historically been six per year, although this had recently increased to ten.  The total number of applicants between February 2006 and February 2007 had been fifty six, of whom twenty four had been approved and been added to the list for future provision.

 

The Task and Finish Group were provided with comparative data about the provision of IDPBs or otherwise, by other Welsh Local Authorities.

 

Mr. Gay advised that the current policy and procedure took no account of an applicant’s needs.  It was reported that the staff of the Engineering Department did not have the skills to assess applications on a need basis and so would have to be involved in discussions with colleagues in Social Services.  Furthermore, the current waiting list for IDPBs was compiled on a ‘first come, first served’ basis, and this was understood by the applicants.  The use of a ‘need’ assessment could lead to variations to the waiting list which previous applicants may find difficult to understand.

 

Members were advised that the options before them in regard to the provision of IDPBs were:

 

(i)   Abandon the provision of individual disabled parking spaces altogether.

(ii)     Include an assessment of need to be managed by Social Services based on the existing process.

(iii)    Extend the service to include carers of disabled adults and parents of disabled children.

(iv)    No change to the current process.

(v)     Any other combination of the above.

 

Members of the Task and Finish Group were offered an opportunity to comment:

 

Comment	Response
Can parking bays be used by anyone with a Blue Badge?	Yes.
How are changes to a person’s eligibility monitored	Cases are not reviewed.
Parking space is at a premium in Penarth.  Also, there is an elderly population.  Demand for IDPBs will rise exponentially.
There is a need for transparency in the process for allocating IDPBs.

 

Should it be determined that ‘need’ be one of the criteria used in determining IDPB places, the level of bureaucracy will increase.
The view was expressed that the Council was not doing enough, although it was difficult to suggest improvements.
Cabinet should be informed of the comments made at the meeting and be requested to make additional resources available.	An injection of additional funding could lead to the possibility of either: (a)     the provision of more parking bays (b)     the funding of professional advice from officers of Social Services Department for ‘needs’ assessments.   Should the monies be directed towards the provision of additional bays, the backlog would diminish and there may well be no requirement to prioritise applications.
Medical assessment of ‘need’ would result in bureaucratic delays, and any possible appeals could create longer delays.  This should be a highways issue, and more money should be requested from Cabinet to speed-up the process.
Should Social Services wish to support an individual application, then they should be required to pay for the provision of the IDPB.

 

Following the conclusion of discussions, it was

 

RECOMMENDED -

 

(1)       T H A T the current Policy and Procedure for the provision of Individual Disabled Parking Bays be retained.

 

(2)       T H A T the Director of Social Services be permitted to support an individual’s application, based on a needs-assessment, and that in such cases the Social Services Directorate provide the funds required to provide the Individual Disability Parking Bay.

 

(3)       T H A T, in order to reduce the waiting-list for the provision of Individual Disabled Parking Bays, Cabinet be requested to increase the level of funding by £10,000 per annum from 2007/08.

 

(4)       T H A T the above recommendations be considered by the Scrutiny Committee (Community Wellbeing and Safety).

 

_________________

 

Discussion ensued on the concerns of the Task and Finish Group to have regard not only to highway issues and the needs of the applicants but to the economic argument that assisting in enabling persons to remain in their own homes by providing a car parking bay was far more cost effective in the long term than their being placed in the care system.  Concerns had also been expressed at the Social Services Directorate being required to find the funding for a parking bay which had been provided as a consequence of a needs- based assessment, given the severe financial constraints within that Directorate - although it was accepted that Visible Services staff could not assess needs and that the budget for such works was similarly constricted.

 

RECOMMENDED -

 

(1)       T H A T recommendations (1), (3) and (4) above be endorsed, with recommendation (3) being referred to Cabinet and all recommendations to the Scrutiny Committee (Community Wellbeing and Safety).

 

(2)       T H A T, to reflect the concerns of the Task and Finish Group as expressed above, recommendation (2) above be amended to read

 

 “T H A T the Director of Social Services be permitted to support an individual’s application, based on a needs-assessment, and that in such cases the Social Services Directorate may provide the funds required to provide the Individual Disability Parking Bay if deemed necessary”.”

 

Cabinet, having considered the recommendation of Scrutiny Committee,

 

RESOLVED – T H A T consideration of this matter be deferred pending its consideration by the Scrutiny Committee (Community Wellbeing and Safety).

 

 

C2954                        JOINT CONSULTATIVE FORUM - 25^TH JANUARY, 2007 AND 1^ST MARCH, 2007 -

 

RESOLVED - T H A T the following report be endorsed :

 

Present: Councillor Mrs. M. Randall (Chairman); Councillors Miss J. Cole, E. Hacker, Mrs. A.J. Preston, A.C. Williams, A.J. Williams and M.R. Wilson.

 

Representatives of the Trade Unions: Mr. S. Gregory (ATL); Mr. G. Jenkins and Mr. G. Lewis (GMB); Mr. T. Cox (NASUWT); Mr. G. Beaudette (NUT); Mr. N. Patterson (TandG); Messrs. P. Carter, N. Hart, D. Jones, N. Morgan and G. Mosley (UNISON).

 

 

(a)            Apologies for absence -

 

These were received from Dr. V. Browne (ASCL), Mr. G. Moses (ATL) and Mr. S. Robertson (AMICUS).

 

 

(b)            Minutes -

 

Discussion ensued on matters pertaining to sickness management and the operation of overtime and flex leave accrual controls, Trade Union representatives stressing that they had not agreed to the introduction of such measures.  The Head of Visible Services confirmed that the pilot project would conclude at the end of January and that a report would be brought back to a subsequent meeting on the outcome of that project.  It was also reported that the Head of Strategic ICT would provide a report on the personal use of the internet for staff at the next meeting of the Forum.

 

AGREED - T H A T the minutes be noted and the position accepted, with the next meeting of the Forum being held end of March / early April 2007 specifically to receive the report on the outcome of the pilot project in respect of overtime and flex leave accrual control.

 

 

(c)            Minutes of the Community Services Directorate Consultative Group held on 14^th November, 2006 -

 

AGREED - T H A T the matter be withdrawn but that a report on the progress of the delivery of actions required in respect of Housing Options be submitted to the next meeting of the Forum.

 

 

(d)       Car Allowances for Staff -

 

Cabinet had, on 13^th December, 2006 deferred consideration of the report in respect of the above for further consultation with this Forum.  The  report as considered by Cabinet, and as appended to the reference, set out the background to the present situation, the costs of the current car allowances scheme, the financial constraints facing the Council, and proposals for a local scheme for the future rationalisation of car mileage payments, including a voluntary buy-out offer for those currently in receipt of essential car user allowance. Each of the above themes was amplified during the course of the subsequent discussions.

 

An earlier consultation exercise on the proposals undertaken with essential car users had resulted in a range of responses. There were also groups of staff within the Council seeking access to the scheme on equalities grounds. Whilst all parties accepted that the current system was anomalous and inequitable and required reform, the current scheme was, however, part of the National Agreement. Local Trade Union representatives had been informed by their national representatives that discussions should be held back pending a new National Agreement. The inherent difficulties in determining the criteria for essential and casual users and, therefore, in devising a scheme acceptable to all – whether nationally or locally - was fully recognised. Inconsistencies in the application of the current position were debated however, it was considered that the current proposals to rationalise the existing car mileage scheme were unacceptable.

 

The report as presented to Cabinet in December, 2006 had contained 14 recommendations.

 

AGREED – T H A T Cabinet be informed that the JCF rejected each of those recommendations with the exception of recommendation no. (12) and that Cabinet be urged to refer the matter back to the Single Status Group for further consideration.

 

(Note: In the interests of natural justice, Councillor A.J. Williams withdrew from the meeting during consideration of the above matter - being a Member of the Appeals Committee).

 

 

(e)       Local Government Pension Scheme Regulations -

 

The Department of Communities and Local Government (DCLG) had invited responses to proposals to introduce a regulatory framework to provide a new look local government pension scheme with effect from 1^st April, 2008.  Details pertaining to those proposals were appended to the report and the closing date for comments was 28^th February, 2007.  Particular attention was drawn to the following main elements:

 

·                       final salary pension benefits to be based on 1/60^th of salary for each year of pensionable services;

·                       a normal Pension Age of 65 for release of unreduced benefits;

·                       earliest age for release of pension to be 55 byl 2010 for current members except on grounds of ill health;

·                       earliest age for release of pension to be 55 for new joiners from 1^st April, 2008 except on grounds of ill health;

·                       augmentation of membership / benefits on an objectively justified basis;

·                       the better of last year’s full time equivalent salary or re-valued in line with the Retail Price Index average of the best three consecutive years’ salary in the last ten years of service;

·                       survivor benefits for life (payable to spouses, civil partners and “nominated” dependent partners at 1/160^th accrual;

·                       survivor benefits payable to children at a maximum accrual of 1/160^th;

·                       revised ill-health retirement package with no review system to provide a higher level of benefits for total incapacity and with different levels of benefits to recognise lesser incapacities;

·                       a death in service tax free lump sum of three times salary;

·                       scope for a post-retirement lump sum death benefit up to a maximum of ten years;

·                       phased retirement arrangements which would allow LGPS members under specified circumstances to drawdown some or all of their accrued pension rights from the scheme whilst still continuing to work;

·                       tiered employee contribution rates with 5.5% payable on the first £12,000 of pensionable pay and 7.5% to be paid on the excess over £12,000 estimated on current membership to produce an average rate of 6.3%;

·                       a facility for Scheme members to purchase up to a maximum £5,000 of additional annual pension;

·                       a facility for Scheme members to contribute towards their pension in conjunction with external AVC providers.

 

Following a brief discussion on the above, it was

 

AGREED - T H A T any comments on the above proposals to be forwarded direct to the Head of Financial Services by Friday, 2^nd February, 2006.

 

 

(f)         Item which the Chairman had decided was urgent -

 

AGREED - T H A T the following matter which the Chairman had decided was urgent in view of the need to raise the issues prior to the next meeting of the Forum be considered.

 

 

(g)       Lack of Consultation -

 

Having regard to the recent organisational changes within the Directorate of Community Services - and the lack of consultation on those changes, and to any consequent impact on staff and the delivery of services (particularly in respect of Building Services), Trade Union representatives requested that meaningful consultation now be undertaken.

 

 

(h)            Teacher Associations Facilities for National Appointments -

 

AGREED - T H A T, given the fact that insufficient members were able to remain at the meeting to form a quorum, consideration of the report be deferred to a future meeting and the meeting adjourned.

 

MINUTES of the reconvened meeting held on 1^st March, 2007.

 

Present:  Councillor Mrs. M. Randall (Chairman); Councillors E. Hacker, Mrs. A.J. Preston and M.R. Wilson.

 

Also present: Councillor N. Moore.

 

Representatives of the Trade Unions:  Mr. S. Gregory (ATL); Mr. G. Jenkins and G. Lewis (GMB); Mr. T. Cox (NASUWT); Mr. G. Beaudette (NUT);  Messrs. P. Carter, N. Hart, D. Jones and G. Moseley (UNISON).

 

(i)                              Apologies for absence -  

 

These were received from Councillor Miss. J. Cole and Mr. G. Moses (ATL).  

 

(j)            Teacher Associations Facilities for National Appointments -   

 

Prior to discussion commencing on the issues, a paper was tabled outlining the view of the School Budget Forum on the content of the report in respect of the above submitted to the JCF in January. It had been the overwhelming view of that Forum that the additional funding requested by the Teacher Associations should not come from either the Schools Budget or the Central Education Budget but rather that consideration should be given to its being found from the Corporate Resources of the Council.  The total estimated costs now sought amounted to:

 

2006/07 - £20k.

2007/08 - £70k.

2008/09 - £50k.

2009/10 - £25k.

 

Mr. Cox confirmed that the above figures represented the fallback position but would be acceptable given the current situation, solving as they would the short-term need. He also requested that a commitment to continued funding be given and that a Policy encompassing that commitment be developed.

 

Discussion ensued as to the body(ies) from which the funding (or part thereof) should be sought, and to the individual applications contained in the report. It was then explained that not only was there no central budget for additional expenditure but that Council Departments were required to make savings totalling £3.45m., partially based on a 4% saving on employee budgets. The point was also made that whenever non-teaching union representatives were absent from their posts on union related work, the employing Department received no financial assistance towards ensuring that the service did not suffer as a consequence.  The differing circumstances of the current applications were acknowledged, as was the fact that one applicant had been awaiting a decision for a number of years. To be elected to the position of national representative or president of a union was fully accepted as an honour which raised the profile of the area and the Council.  Members considered however that, given the financial constraints placed upon the Council and the level of savings to met by Council Departments, together with the need to treat all such applications fairly and equitably, further information was required as to the precise costs likely to be incurred by the absence from their posts of the individuals named in the report and the amount the National Body involved might be prepared to pay towards those costs.

 

The non-teaching trade union representatives confirmed that they accepted that the position in relation to teaching and non-teaching staff was different and that a suitable Policy should be devised which reflected that difference. Whilst no non-teaching trade union officer had yet attained the status of national representative, it was suggested that consideration should also be given to the development of basic principles to cover such an eventuality.

 

Following further discussion on the above and related matters, it was

 

AGREED –

 

(1)       T H A T further information be obtained relating to the precise costs likely to be incurred as a consequence of the absence from their respective posts on national duties of the persons named in the report, and the amount the National Body involved might be prepared to pay towards those costs.

 

(2)       T H A T, upon receipt of the information referred  to in recommendation (1) above, Cabinet be requested to give consideration to the development of an “in principle” Policy in respect of future funding arrangements for national appointments fair and equitable to all but having regard to the differences between teaching and non-teaching trade unions as indicated above.

 

 

(Note: Councillor N. Moore spoke on the above matter with the consent of the Forum).

 

 

(k)            Feedback on Policy Development -

 

AGREED - T H A T the details as submitted relating to the above, which included those policies recently approved, those about to be submitted for approval, those concerning which ongoing discussions were being held and those in the process of being drafted, be noted.

 

 

(l)            Proposed Timetable of Meetings -

 

AGREED -

 

(1)       T H A T it be noted that an extraordinary meeting had been scheduled for 10.00 a.m. on 29^th March, 2007 to consider a report on the outcome of the pilot project at the Alps in respect of overtime and flex leave accrual control but, since it had yet to be confirmed that the necessary information would be available, notification would be sent prior to that date if the meeting had to be rescheduled.

 

(2)       T H A T the next meeting thereafter be rescheduled from 24^th May to avoid the T.U.C. Conference.

 

 

(3)       T H A T meetings for the remainder of the 2007/08 municipal year be:

 

§                18^th October, 2007

§                24^th January, 2008

§                24^th April, 2008.

 

 

C2955                        MAKING THE CONNECTIONS: LOCAL SERVICE BOARDS (CX) (SCRUTINY - ALL) -

 

Cabinet were informed of a bid submitted to the Welsh Assembly Government on behalf of the Vale of Glamorgan to create a Local Service Board in the Vale. 

 

The Vale of Glamorgan Partnership was the over arching partnership responsible for improving environmental, social and economic well being in the Vale through the mechanism of community strategies.  The Partnership had been formed in 2003 and included representation from the public, private and voluntary sectors.  It was chaired by the Leader of the Council.  The Assembly Government commissioned its study by Sir Jeremy Beecham last year on improving public service delivery in Wales.  The Assembly’s response to the Beecham proposals had been set out in “Making the Connections - Delivering Beyond Boundaries” published in November 2006.

 

The process had been taken a stage further by the publication by the Assembly in January 2007 of “Making the Connections - Local Service Boards in Wales”.  This was a consultative document describing how the Assembly intended to implement the Beecham recommendations and inviting community strategy partnerships to take part in the pilot exercise in 2007 - 2008. 

 

The main proposal from the Assembly was to establish Local Service Boards in all 22 local authority areas.  These would seek to develop the work of community strategy partnerships - which they would replace - to improve delivery of shared objectives.   The small number of pilots would be established in 2007-8 to explore how the Boards could operate to best effect.  The issues around Local Service Boards (and the associated local service agreements which would replace policy agreements) had been discussed at the Vale Partnership meeting on 8^th December, 2006.  It had been agreed in principal to submit an “expression of interest” to the Assembly to operate a pilot Local Service Board in the Vale.  Following publication of the consultation document on 31^st January the bid had been prepared and submitted to the Assembly by the deadline of 8^th March, 2007.  A copy of the bid was attached to the report.

 

This was a matter for executive decision.

 

RESOLVED - T H A T the submission to the Welsh Assembly Government of a bid to establish a Local Service Board in the Vale be endorsed. 

 

Reason for decision

 

To ensure that members fully support the principal of forming a Local Service Board.

 

 

C2956                        DEMOCRATIC RENEWAL WORKING GROUP (CX) (SCRUTINY - CORPORATE RESOURCES) -

 

Cabinet received an update on the position regarding the Wales Audit Office’s report on Democratic Renewal and, in the light of various issues raised, were asked to consider the re-establishment of the Democratic Renewal Working Group. 

 

The Wales Audit Office (WAO), as part of the audit and inspection plan for 2002/03 completed a review of the Democratic Renewal Process within the Council.  This review had included a survey of all scrutiny members under the previous Council’s administration.  The review report had been received which outlined 15 key recommendations for the council to consider.

 

Cabinet on 14^th July, 2004 had established a cross party Democratic renewal working group which had subsequently met on a number of occasions with its proceedings/proposals being considered/endorsed by Cabinet, (Scrutiny Committee Corporate Resources) and Council.

 

With regard to the 15 key recommendations of the ACiW Report, significant progress had been made and a number of initiatives had been agreed and/or implemented.

 

A follow up report had been received from the WAO following its review of the progress made by the Council in response to the original reports.  The report had concluded “that the Council had made good progress in implementing the majority of the recommendations of the previous report and many measures had begun to make positive impact”.

 

Cabinet, on 20^th September, 2006, had resolved that the Corporate Management team draw up specific proposals for consideration by Cabinet and the Council, the process to also allow for consideration of such proposals by the Scrutiny Committee (Corporate Resources) and the Scrutiny Chairman and Vice-Chairman group as appropriate.  Since that time, issues such as the possible reformatting of Council meetings had been discussed at the latter Forum. 

 

In the light of the above, and given certain issues which had recently arisen with regards to the Constitution, it was recommended that the Democratic Renewal Working Group be re-established with the following terms of reference:

 

§                     to consider the outstanding recommendations contained in the follow up report of the Wales Audit Office on Democratic Renewal

§                     to consider any specific concerns raised by members regarding the current wording/interpretation of the Council’s Constitution.

 

Proposals arising from the Working Group’s deliberations would be reported to Cabinet/Scrutiny Committee (Corporate Resources)/Council as appropriate.

 

This was a matter for executive decision.

 

RESOLVED -

 

(1)       T H A T the Democratic Renewal Working Group be established with the following terms of reference:

 

§               to consider the outstanding recommendations contained in the follow up report of the Wales Audit Office on Democratic Renewal

§               to consider any specific concerns raised by Members regarding the current wording/interpretation of the Council’s Constitution.

 

(2)       T H A T the membership of the Working Group be determined following the impending by-election in Llantwit Major to be held on 19^th April, 2007.

 

Reasons for decisions

 

(1) and (2)            To confirm the position regarding the Council’s response to WAO report on Democratic Renewal and to consider any concerns raised by Members regarding the wording/interpretation of the Council’s Constitution.

 

 

C2957                        CORPORATE PLAN (CX) (SCRUTINY - ALL) -

 

Cabinet received the report which identified responsibilities for the performance targets and actions as set out in the Council’s Corporate Plan.

 

In order to assist in monitoring progress on implementing the Plan, a schedule had been prepared which identified the Cabinet Member, Director and Lead Officer responsible for each of the performance targets and actions in the Plan, a copy of which was appended to the report.

 

An amended Appendix to the report had been circulated which contained the following amendments to the Appendix originally distributed to Cabinet.  It was also reported that the column headed “Cabinet Member” should have read “Lead Cabinet Member”.

 

KEY TARGET	LEAD OFFICER
Increase the rate of older people (aged 65 or over) helped to live at home per 1,000 population aged 65 or over from 84.7 in 2004 to 86 in 2007. (PA)	Mark Wheeler
Reduce the rate of older people (aged 65 or over) whom the authority supports in residential care homes or nursing homes per 1,000 population aged 65 or over from 31.2 in 2004 to 29 in 2007.  (PA)	Mark Wheeler
Ensure the rate of delayed transfers of care for social care reasons per 1,000 population aged 75 or over does not exceed 9 in 2007.  (PA)	Mark Wheeler
Maintain at 100% the percentage of first placements of Looked After Children during the year that began with a care plan in place.  (PA)	Mark Wheeler
Ensure that 100% of Looked After Children have a plan for permanence at the due date by 2007.  (PA)	Mark Wheeler
Reduce the percentage of children looked after at 31 March who have experienced one or more changes of school (which were not due to transitional arrangements or sixth form college) from 13.2% in 2005 to 10% by 2007.  (PA)	Mark Wheeler
	LEAD CABINET MEMBER
Increase the total length of footpaths and other rights of way in the countryside which are considered easy to use by the public from 64.6% in 2005 to 65% by 2007	GJ
	LEAD OFFICER
CW5, CW6, CW14, CW15, CW18	Mark Wheeler
	LEAD CABINET MEMBER
E7, R7	GJ
R3	MA

 

This was a matter for the executive decision.

 

RESOLVED -

 

(1)       T H A T the responsibilities for the performance targets and actions in the Corporate Plan 2006-2010 as identified in the schedule attached to the report be endorsed.

 

(2)       T H A T a progress report on implementing the Corporate Plan be submitted to Cabinet  and all Scrutiny Committees at the end of the 2007-8 financial year.

 

Reasons for decisions

 

(1)       To ensure that members fully support the implementation of the Corporate Plan.

 

(2)       To ensure that the Corporate Plan is effectively monitored.

 

 

C2958                        ONEVALE PROGRAMME (CX) (SCRUTINY - CORPORATE RESOURCES) -

 

Cabinet received the report which informed of progress with the OneVale Programme. 

 

Progress to Date

 

Four key milestones were achieved in December 2006.  They were:

 

§                     the opening of “Contact OneVale” as from 4^th December, 2006 for all Visible Services enquiries.  In addition, the contact centre was also taking general enquiry calls for electoral registration and now also takes calls for building control, and by the end of April for housing, maintenance and repairs.

§                     the establishment of an integrated transactional HR and Payroll Team called TransAct as of 4^th December, 2006.  The purpose of TransAct was to carry out all the administrative and transactional activities from the point of application for a post right through to termination.

§                     the implementation of the core Human Resources (HR) system as at 6^th December, 2006.  This was a key component of the HR suite of applications in adopting a structured approach to managing workforce information.

§                     the implementation of the Council’s new bi-lingual Web Site from 16^th December, 2006.  This site was presently taking in excess of 23,000 hits per week.

 

Business Case Update

 

The Business Case was monitored on a quarterly basis.  The following financial summary included actual costs for 2006/7 and projected costs for 2006/7 against the original OneVale Business Case:

 

 

 

 

 

 

The cumulative showed that expenditure was £2.4m under the OneVale Business Case.  Some of this budget would be spent in future years.

 

Current projected procurement savings are as follows:

 

	2005/06	2006/07	Total
	£’000	£’000	£’000
Annual Target from Business Plan	136	464	600
Total Achieved for 2005/06 and Forecast for Future Years	1,014	724	1,738
Difference	+878	+ 260	+1,138

 

Processes surrounding the Visible Services Contact Centre and HR/Payroll administrative functions had been redesignated through BPR.  Savings from this amounted to £128k for Visible Services and £149k for HR/Payroll.  This included the cost of the functions transferred to the new Contact Centre (£109k) as the Business Case identified the costs and savings gross.  In addition, £7k per annum had been saved from 2005/6 for software licence payments.

 

 

A summary of the overall position to date is shown below:

 

	Business Case	Actual/ Projected
	£’000	£’000
Revenue and Capital Costs	11,892	9,492
Savings   Procurement Process Efficiencies	-600 -243	-1,738 -284
Totals	11,049	7,470

 

 

OneVale Programme 2007/8

 

External Support (Oracle Implementation) - the Council had tendered for external support for the implementation of the following Oracle modules in 2007/08:-

 

·              Oracle Self Service Human Resources.

·              Oracle i-Recruitment.

·              Oracle Financials (including General Ledger, Accounts Payable and Accounts Receivables).

·              Oracle i-Procurement.

·              Oracle Advanced Collections.

 

Oracle Corporation UK Ltd. were the successful tenderer with a bid that was very cost effective compared to previous implementation costs.

 

Access to Services in Rural Locations

 

The OneVale Programme was considering co-locating mini one stop shops within libraries to improve the Council’s approach to customer services in outlying areas.  This may include a customer service representative located at each of the main libraries who would be able to deal on a face to face basis with the public on general enquiries and service request issues.  This would significantly improve access to services for residents in remove rural locations.

 

Contact Centre Single Number

 

The OneVale Business Case included for the Council to move towards a single number as more and more services were integrated into “Contact OneVale”. It was anticipated that a single number would be introduced towards the end of 2007 although no firm date could be provided at this stage. Regulatory Services would be integrated into Contact OneVale by September of this year with the Adult Service Contact and Information Centre and Vale Community Alarm Service integrated by the end of the year.

 

 

Electronic Document Records Management System (EDRMS)

 

A separate project team would consider the implementation of this system across all services. This was a long term project and would enable the Council to move towards a single structured way of organising all records and documents electronically. There were a number of EDRM systems presently on the market and a decision would be made as to the most appropriate for the Council to implement. It was envisaged that the EDRM system would be piloted in one service area and then rolled out across all Directorates.

 

The Wales Audit Office had commenced their audit of the OneVale Programme and their feedback report was due next month.  This would be reported to Cabinet in the next quarterly report.

 

This was a matter for executive decision.

 

RESOLVED -

 

(1)       T H A T the progress to date with the OneVale Programme, including costs and the outlying programme for 2007/08 be noted. 

 

(2)       T H A T the report be referred to Scrutiny Committee (Corporate Resources) for consideration.

 

 

Reasons for decisions

 

(1)       To note progress with the OneVale Programme

 

(2)       To allow Scrutiny Committee (Corporate Resources) to consider the contents.

 

 

C2959                        TIMETABLE OF MEETINGS: MAY 2007 - MAY 2008 (CX) (SCRUTINY - CORPORATE RESOURCES) -

 

Consideration was given to the draft timetable of meetings as appended to the report. 

 

This was a matter for executive decision.

 

RESOLVED –

 

(1)       T H A T the timetable of meetings for May 2007 - May 2008 as set out in Appendix A to the report be approved.

 

(2)       T H A T it be recommended to Scrutiny Committee Chairmen and the Mayor that those meetings of Scrutiny Committees and Council scheduled for 6.00 p.m. commence instead at 7.00 p.m.

 

(3)       T H A T any future changes in arrangements for meetings be 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.

 

 

C2960                        APPOINTMENTS TO OUTSIDE BODIES (CX) (SCRUTINY - CORPORATE RESOURCES) -

 

Cabinet received a report which sought further consideration of the Council’s representation on certain outside bodies. 

 

The vast majority of appointments/nominations to outside bodies/joint committees had been reviewed by Cabinet on 21^st December, 2006.   However, various issues had since arisen as summarised below:

 

Local Health Board

 

Prior to the recent change in Council administration, the Council’s representation comprised the Leader, Cabinet Member (Social and Care Services) Councillor C.P. Franks and D. McDonald (Head of Community Care and Health).  In the reports to Cabinet on 21^st December, 2006, dealing with representation on outside bodies, it had been proposed that this representation be maintained (given that representation was by designation, the actual representatives would, in some cases, have changed).  This matter was subsequently considered by Scrutiny Committee (Corporate Resources)  and one of that Committee’s recommendations was that Cabinet be asked to note that membership would need to be reconsidered in the light of proposed organisational changes within the former Directorate of Community Services.  Cabinet on 31^st January, 2007 had resolved that the further report be submitted accordingly.

 

Given that the post of Head of Community Care and Health no longer existed, the Council would be required to nominate an alternative representative to D. McDonald, who was the former holder of that post.

 

Vale of Glamorgan Community Health Council

 

The Community Health Council had recently notified the Council of the resignation of Dr. M. Turner due to pressures of his time. With this in mind, the Council had received an invitation to nominate a new representative in order that the full membership quota of five could be maintained. 

 

Welsh Joint Education Committee

 

No change to the Council’s representation had been made by the new Cabinet in December 2006.  However, as Cabinet members evolved into their roles/portfolios, it was felt that representation on bodies would need to remain under review.

 

South Wales Policy Authority

 

The Scrutiny Committee (Corporate Resources) on 23^rd January, 2007 had requested Cabinet to reconsider its decision in the light of the decision of the South Wales Police Authority joint committee in 2004 that the Vale of Glamorgan Council would be the one constituent council on the South Wales Police Authority represented by a Conservative Member (i.e. thereby reflecting political balance across the constituent councils).  Cabinet on 31^st January, 2007 subsequently reaffirmed its decision that its representative be the leader.

 

The South Wales Police Authority had written to the Council indicating “it is not a matter for your Council alone to determine its representation”…. “in making the appointments the Joint Committee had to take into account the political balance of all seven Councils.”  The Joint Committee following the 2004 elections determined that the Conservative Representative would be drawn from the Vale of Glamorgan Council.  The Council had been informed that the only way its desired representation could be acceded to would be by means of a Joint Committee being reconvened and it agreeing that the Conservative allocation be drawn from one of the other constituent councils.  The South Wales Police Authority suggested that, in effect, this would mean one of the other Labour Members currently appointed from another Council having to give up their place.  It has asked the Council to reconsider is representation in the light of the above.

 

This was a matter for executive decision.

 

RESOLVED -

 

(1)       T H A T on an interim basis, the Chief Executive be nominated as one of the Council’s representatives on the Local Health Board given the deletion of the post of Head of Community Care and Health.

 

(2)       T H A T Christopher Elmore be nominated as the Council’s representative to sit on the Vale of Glamorgan Community Health Council.

 

(3)       T H A T Councillor Hampton remain as this Council’s representative on the WJEC until 1^st June, 2007 following which the Cabinet member for Education and Training be this Council’s representative.

 

(4)       T H A T Cabinet’s decision of 21^st January, 2007, that its representative on the South Wales Police Authority be the Leader, be reaffirmed.

 

(5)               T H A T the Police Authority be requested to call a special meeting of the South Wales Police Joint Committee and that Cardiff, Rhondda Cynon Taff or Swansea Councils, who have two representatives on the South Wales Police Authority, be asked to consider, through the South Wales Police Authority Joint Committee, whether they would nominate a Conservative Member to sit on the South Wales Police Authority in place of the Vale of Glamorgan Council’s previous representative.

 

Reasons for decisions

 

(1)       To maintain full representation on the Vale of Glamorgan Local Health Board.

 

(2)       To maintain full representation on the Vale of Glamorgan Community Health Council.

 

(3)       To ensure appropriate representation on the Welsh Joint Education Committee.

 

(4 & 5)   To ensure appropriate representation on the South Wales Police Authority.

 

 

C2961                        REGIONAL TRANSPORT PLAN - OUTLINE PLAN AND UPDATE (EER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Cabinet were advised of progress on the production of the Regional Transport Plan and its significance for the Vale of Glamorgan Council.

 

The Director of Environmental and Economic Regeneration was granted approval in November 2005 to co-operate with other local authorities on the production of a Regional Transport Plan via the South East Wales Transport Alliance (Sewta).

 

Under the Transport (Wales) Act 2006, the Welsh Assembly Government (WAG) was given powers enabling it to form Regional Transport Authorities (RTAs) who could be given wide ranging powers over transport.  The Act also enabled local authorities to work together on a voluntary basis to produce the RTP.

 

The outline RTP had now been drafted by Sewta and was currently at consultation stage.  It was delivered to the WAG on 31^st January, 2007 with a closing date for comment of 13^th April, 2007.  In addition, copies of the outline RTP had been sent to a number of key stake holders for consideration.

 

WAG had stated that it would require the draft version of the RTP to be produced by 5^th October, 2007.  It was noted that if local authorities could not agree to a complete set of consistent policies for transport provision and infrastructure, WAG would be acting within their powers to compulsorily establish RTAs which would have significant implications for all local authorities in Wales.

 

Whilst the RTP was yet to be finalised, discussions had highlighted the following areas that may have significant implications for this Council.  The list was not intended to be definitive as the outline RTP needed to be viewed to understand its wider intentions:

 

§                     Decriminalisation of parking  - bus operators envisaged that decriminalisation of parking was a key to enabling red routes and bus lanes.  There was some concern as to whether the Police would support this option and as to whether all Authorities would want to participate.

§                     Road user charging - the RTP promoted the idea of road user charging in areas that suffered from high congestion.

§                     Town centre parking - the RTP supported the charging for town centre parking to discourage the use of private transport.

§                     Red routes/bus lanes - the RTP was recommending the progression of both red routes and designated bus lanes to allow for quicker journey times on public transport.

§                     The cessation of Transport Grant - this would have implications to all local authorities within Sewta as grants would be made to Sewta for the progression of regional schemes rather than to the individual authorities.  This would also have implications as to what schemes were progressed.

 

This was a matter for executive decision.

 

RESOLVED -

 

(1)       T H A T the current approach to producing the RTP be endorsed.

 

(2)       T H A T the contents of the outline RTP be endorsed.

 

Reasons for decisions

 

(1)       To request that Cabinet endorse the current approach and suggested contents with regards to the production of the RTP.

 

(2)       To acquire Members’ endorsement of the outline RTP.

 

 

C2962                        TRANSPORT GRANT AWARD 2007/08: ACCEPTANCE EXPENDITURE (DEER) (SCRUTINY - ECONOMIC AND ENVIRONMENT) -

 

Cabinet received a report which :

 

§                     Advised of the Council’s transport grant award from the Welsh Assembly Government for 2007/08, and,

§                     Sought acceptance of the Welsh Assembly Government’s offer of funding for 2007/08.

 

Members were reminded that the guidance notes for TG submissions for  2007/08 had specifically excluded new schemes and that it was unlikely that this position would change in the near future.  Schemes submitted for TG funding were therefore restricted and those schemes that were already in receipt of TG funding from 2006/07 together with new Safe Routes to Schools schemes which were funded from a separate funding source.  Schemes submitted for TG funding were therefore:

 

§                     The Merrie Harrier Gyratory System and Cardiff Road, Dinas Powys Bus Prioritisation Scheme; and

§                     Safe Routes to Schools schemes for St. Cyres Comprehensive School - Penarth, Sully Primary School - Sully, Cowbridge Comprehensive School - Cowbridge and Y Bont Faen School - Cowbridge. 

 

The Council had again been successful in securing significant TG funding for transportation schemes and for Safe Routes to School.  An award of £971,000 had been made by WAG, details as outlined below.

 

§                     A4226 Five Mile Lane (Cardiff International Airport Access Route) design/preparation costs - full funding totalling £250,000 had been awarded for this scheme.  This award had been made as the first part of WAG’s intention to fund the improvements to the route through a Principle Road Grant.

§                     Merrie Harrier Gyratory and Cardiff Road Bus Lane - funding totalling £500,000 had been awarded for this scheme.

§                     Safe Routes to Schools - funding of £145,000 had been allocated for casualty reduction measures to be implemented at St. Cyres Comprehensive School, Penarth and £76,000 had been allocated for Phase 1 works at St. Andrews Major Church in Wales Primary School.

 

In addition to the awards made for 2007/08, an indicative allocation of £500,000 was made for 2008/09 for the Merrie Harrier Gyratory and Cardiff Road Bus prioritisation schemes.

 

WAG’s offer of TG funding to the Vale of Glamorgan Council for 2007/08 required acceptance by 30^th March, 2007.  The use of the Urgency Procedure was therefore recommended.

 

This was a matter for executive decision.

 

RESOLVED -

 

(1)       T H A T the Transport Grant award of £971,000 from the Welsh Assembly Government for the transportation schemes within the Vale of Glamorgan during 2007/08 be noted. 

 

(2)       T H A T the Welsh Assembly Government’s offer of £971,000 Transport Grant funding for 2007/08 be accepted.

 

(3)       T H A T the Urgent Decision Procedure as set out in Article 13 of the Council’s Constitution be implemented in view of the need to meet Welsh Assembly Government deadline of 30^th March, 2007.

 

Reasons for decisions

 

(1)       To advise Members of the 2007/08 Transport Grant award from the Welsh Assembly Government.

 

(2)       To formalise the acceptance of the Director of Environmental and Economic Regeneration’s Welsh Assembly Government’s Transport Grant offer of £971,000 for the Vale of Glamorgan Council for 2007/08.

 

(3)       To meet the required deadlines set by the Welsh Assembly Government.

 

 

C2963                        VALE OF GLAMORGAN LINE LEGAL AGREEMENT, CCTV AND ASSOCIATED WORKS (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Cabinet received a report which advised on:

§                     The financial closure of accounts for the Vale of Glamorgan Line Railway Line Project.

§                     The problems encountered with the works Compound Licence Legal Agreement between the Council and Network Rail Interchange.

§                     The transfer of various parcels of land at the Llantwit Major Transport Interchange from the Vale of Glamorgan Council to Network Rail.

§                     The transfer of land at the Rhoose Transport Interchange from Cofton to the Vale of Glamorgan Council.

§                     The current situation regarding the encroachment and extinguishment of highway land at both Rhoose and Llantwit Major stations.

§                     The current position in respect of the CCTV installation.

§                     The remedial works still required at the Llantwit Major and Rhoose Transport Interchanges.

 

Cabinet were advised that the Council was awarded Transport Grant funding for the Rhoose and Llantwit Major Transport Interchanges associated with the reopening of the Vale of Glamorgan railway line to passenger services in June 2005.  This funding enabled detailed design and implementation works for the two interchanges to be carried out.  Following the opening of the scheme in June 2005, WAG also agreed to fund the capital costs of the Council installing CCTV at both Llantwit Major and Rhoose Interchanges.

 

Cabinet were further advised that it was unlikely that further Transport Grant funding would be available after the 2006/07 financial year for this project and any outstanding matters may need to be financed by the Council’s own revenue budget.  The report outlined matters that were outstanding, namely:

 

Land Transfer at Llantwit Major and Other Legal Matters

 

Network Rail had previously raised concerns regarding the Works Compound Licence at the Llantwit Major site and had refrained from signing the legal agreement because of a liability clause.  Network Rail were arguing that as the Council had subsequently carried out extensive work on this land it would be difficult to prove where the responsibility lay.  Having reconsidered this issue, officers concurred with Network Rail and it was intended that this clause be removed from the agreement as requested.

 

In conjunction with the Llantwit Major element of the scheme, it was also necessary to transfer some parcels of land within ownership of the Council to Network Rail.  These land transfers related to existing structures such as a waiting shelter, bridge stanchions and lighting columns which had been constructed on Council land.   It was also necessary to agree to a maintenance easement to enable Network Rail to maintain these structures.  All of these issues were incorporated into the legal agreement.  It was anticipated that the legal agreement would be signed and completed quickly.

 

Land Transfer at Rhoose Interchange and other Legal Matters

 

In compliance with the S106 Agreement at Rhoose Point, Cofton (the site infrastructure developer) was obliged to reserve an area of land for use as a transport interchange at Rhoose and enter into a contract to transfer the land to the Vale of Glamorgan Council once the Interchange had been completed.  Whilst the Interchange is now operational, the land transfer had not yet been progressed.  This was because the transfer of land was dependent on the issues surrounding the future of the Rhoose Railway Level Crossing Order being finalised.  This Order was currently being considered and progressed by the Department for Transport.  It was noted that it was unlikely that this would be completed prior to the end of the financial year and therefore the legal fees for the future transfer may need to be met by existing Council budgets.

 

 

Highway Encroachment Matters at Rhoose and Llantwit Major Stations

 

There were some small areas of land at both Llantwit Major and Rhoose Stations where it had been identified that the building of the actual stations by Network Rail and its contractors had encroached onto highway land.  These areas could not now be satisfactorily maintained by the Council.  It was necessary therefore for highways officers to progress and resolve the situation to the satisfaction of all parties.   For operational completeness, it was proposed that these areas be extinguished as highways to enable them to be maintained by Network Rail, this proposal being subject to legal process being satisfactorily completed.

 

Installation of CCTV at Rhoose and Llantwit Major Interchanges

 

The Council’s CCTV at both Rhoose and Llantwit Major sites was now operational and would be formally launched in April 2007.

 

Outstanding Remedial Issues

 

A request had been made to review the existing layout of disabled parking bays at Llantwit Major.  The use of the disabled bays had been monitored and it was considered unnecessary to make any alterations at present.    However the use of the bays would continue to be monitored.

 

In addition, the provision of a tapping rail on the disabled person access ramp had also been considered and it had been revealed that this work was unnecessary as the continuous handrail with an offset of 150mm from its post, acted as a guardrail to any hazard that projected into the access route.  It was not therefore proposed to progress this work.

 

There were also several other minor remedial matters which needed to be undertaken at both Interchanges but it was anticipated that these would all be completed this financial year.

 

This was a matter for executive decision.

 

RESOLVED -

 

(1)       T H A T the financial implications for the planning and transportation revenue and capital budgets for the next financial year be noted.

 

(2)       T H A T the decision to remove the Indemnity Clause in the Works Compound Licence legal agreement for Llantwit Major to enable all agreements to be progressed, be endorsed.

 

(3)       T H A T the approach to progress the land transfers and associated rights at Rhoose and Llantwit Major Stations be endorsed.

 

(4)       T H A T the approach to pursue the highway extinguishments be endorsed.

 

(5)       T H A T the monitoring of the disabled parking bays at Llantwit Major Transport Interchange be endorsed.

 

(6)       T H A T the decision to not progress the tapping rail at the Llantwit Major Interchange be endorsed.

 

Reasons for decisions

 

(1)       To apprise Cabinet of financial implications for 2007/08.

 

(2)       To apprise Cabinet of the current situation regarding the legal agreements for Llantwit Major Station.

 

(3)       To apprise Cabinet of the current situation regarding the transfer of the land at Rhoose and Llantwit Major Stations.

 

(4)       To apprise Cabinet of the existing situation regarding encroachment and extinguishment of highway in respect of the duty contained in Section 130 of the Highways Act 1980.

 

(5)       To apprise Cabinet of the request to review the disabled parking bay layout at Llantwit Major Station and the current approach being taken.

 

(6)       To apprise Cabinet of the action regarding the tapping rail.

 

 

C2964                        LAND AT WOODLANDS ROAD / TYNEWYDD ROAD, BARRY (DFICTP) (SCRUTINY - CORPORATE RESOURCES) -

 

The land in question comprised the site of a former play area.

 

At its meeting on 12^th December, 2003 Cabinet resolved to declare the land surplus to its requirements subject to consideration of any objections received pursuant to the statutory notice required under S123(2a) of the Local Government Act 1972 and that a Planning Brief should be prepared for the potential future use of the site.

 

Following the advertisement of the intention to dispose of the land in accordance with the statutory provisions, one formal written representation was received which was appended to the report.  In summary, the objectors opposed the disposal on the grounds of loss of amenity and privacy and potential traffic consequences of redevelopment.

 

The site had been closed for many years on safety grounds and there was no realistic prospect of its being redeveloped and reopened for the previous use.  The new and improved facilities recently provided in Central Park were also considered to offset the loss of the site.

 

Cabinet were requested to consider the representations but were recommended to proceed with the intended disposal for the reasons set out earlier.

 

Due to ongoing commitments relating to the Local Development Plan and the workload associated with key strategic sites, it had not been possible to prepare a detailed Planning Brief for this site.  However, as prospective purchasers would require guidance on acceptable uses, a Planning Advice Statement had been prepared and was appended to the report for Cabinet’s consideration and approval.

 

This was a matter for executive decision.

 

RESOLVED -

 

(1)       T H A T the disposal proceed and the land be sold on terms and conditions to be agreed by the Director of Finance, ICT and Property, in consultation with the Director of Legal and Regulatory Services.

 

(2)       T H A T the Director of Legal and Regulatory Services be authorised to prepare, complete and execute the necessary legal documentation to effect the sale.

 

(3)       T H A T the Planning Advice Statement be adopted.

 

Reasons for decisions

 

(1)       To permit a sale to proceed.

 

(2)       To enable the disposal to be completed.

 

(3)       To inform the disposal process.

 

 

C2965                        GRANTS TO COMMUNITY / VOLUNTARY ORGANISATIONS 2006/7 (DFICTP) (SCRUTINY - CORPORATE RESOURCES) -

 

Following consideration of a report which detailed the applications received this year together with the grants recommended thereon, it was

 

RESOLVED - T H A T that the above applications be determined as indicated below:

 

-            Castleland Community Association                £1,500

-            Rhoose Lifeguard Club                                        £   500

-           Sully Guides (1^st)                                                    £   150

-           Barry Strollers Cricket Club                           £   150

 

Reason for decision

 

Having regard to the budget available and sums previously awarded.

 

 

C2966                        DISABILITY EQUALITY SCHEME (DLD) (SCRUTINY - CORPORATE RESOURCES) -

 

Cabinet approval was sought for the Draft Disability Equality Scheme and Action Plan as attached to the report.

 

The draft scheme had been developed in consultation with Directors, Managers, disabled residents, disabled employees, trade unions and the Corporate Equality Working Group.

 

The draft scheme had been subject to widespread internal, stakeholder and public consultation and relevant feedback had been incorporated into the scheme. 

 

The Disability Rights Commission’s guidelines had been followed in developing the Vale of Glamorgan Council’s Draft Disability Equality Scheme.

 

This was a matter for executive decision.

 

RESOLVED - T H A T the Draft Disability Equality Scheme and Action Plan be agreed.

 

Reason for decision

 

To promote disability equality in compliance with the Disability Discrimination Act 2005.

 

 

C2967                        BAN ON SMOKING IN PUBLIC PLACES (DLS) (SCRUTINY - CORPORATE RESOURCES) -

 

Cabinet were advised of new enforcement duties placed on the Council by the Health Act 2006 and The Smoke-Free Premises etc. (Wales) Regulations 2007, and were requested to provide the Director of Regulatory and Legal Services with power to enforce and authorise appropriately trained and competent officers to enforce the provisions of the Health Act 2006 and regulations made under the Act.

 

Grant monies had been received by the Council and had been used to train officers, and raise awareness of the ban locally in accordance with the action plan and developed by the Operational Manager Regulatory Services, a copy of which was attached.

 

The law creates three specific offences:

 

§                     Failing to display no-smoking signs in premises covered by the law

 

An officer may issue a fixed penalty notice with a penalty of £200 (discounted to £150 if paid within 15 days).  If proceedings are instigated a person found guilty of an offence under this section will be liable to a fine not exceeding level 3 (£1,000).

 

§                     Smoking in a smoke-free place.

 

An officer may issue a fixed penalty notice with a penalty of £50 (discounted to £30 if paid within 15 days).  Or if proceedings are instigated in the Magistrate’s court, a person guilty of an offence will be liable to a fine not exceeding level 1 on the standard scale (£200).

 

§                     Failing to prevent smoking in a smoke-free place.

 

A person found guilty on summary conviction will be liable to a fine not exceeding level 4 on the standard scale (£2,500).  There is no fixed penalty ticket alternative to this offence.

 

This is a matter for an executive decision.

 

RESOLVED -

 

(1)       T H A T the work carried out locally to promote the smoking ban as detailed in Appendix 1 to the report be noted.

 

(2)       T H A T the Director of Legal and Regulatory Services be granted delegated power to enforce and authorise appropriately trained and competent officers to enforce the provisions of the Health Act 2006 and regulations made under the Act.

 

Reasons for decisions

 

(1 and 2)            To ensure the Council will be in a position to carry out its statutory duties in respect of enforcing the ban on smoking in public places and work places.

 

 

C2968                        REVENUE MONITORING FOR THE PERIOD 1^ST APRIL 2006 TO 28^TH FEBRUARY 2007 (CMT) (SCRUTINY - ALL) -

 

The projected outcome for the 2006/07 Revenue Budget was shown in comparison with the Amended Revenue Budget at Appendix 1 to the report.   The current forecast was for a deficit of £4,251,000 on the General Fund and an underspend of £200,000 on the housing revenue account.

 

Learning and Development - there was an anticipated saving of £120,000 on Education and Schools arising from a lower than expected inflation increase on the new large contracts such as school transport together with staff vacancies within the Education Department. This has been used to offset the overspending on the Heritage Skills Centre (£10,000) and the Employment Training Section (£110,000).

 

Social Services - there was a projected overspend of £4,704,000 on this service.  £1,481,000 was on children’s services and was primarily due to the cost of child placements, with a further £665,000 expenditure on this area as a result of a lower than anticipated available balance on the Social Services reserves.  Community Care and Health were projecting an overspend of £2,558,000 a significant proportion of which was  due to the number and cost of care packages.

 

Catering - the adverse variance of £130,000 was mainly due to a reduction of meals being provided and increased costs in meeting Assembly requirements on nutritional standards.

 

Housing - the underspending on Private Sector Housing/Community Safety  (£300,000) was mainly attributable to savings on staff salaries.  There was an anticipated underspend of £200,000 on the Housing Revenue Account which was mainly attributable to savings on staff salaries and additional rent income due to lower right to buy sales than anticipated.

 

Directorate of Environmental and Economic Regeneration - the underspend on Planning and Transportation, Economic Development and Leisure and Visible Services was mainly due to savings on employee costs and additional income and offset the deficit on the building maintenance (Trading Unit) (£170,000) which was attributable to pricing policies.  The building maintenance (Trading Unit) deficit had reduced by £10,000 as compared to the last report due to an updated labour rate being applied in February. 

 

Policy - the underspending of £283,000 was mainly attributable to additional external interest earned. 

 

This is a matter for executive decision.

 

RESOLVED - T H A T the position with regard to the Authority’s 2006/07 Revenue Budget be noted.

 

Reason for decision

 

That the Members are aware of the projected revenue outturn for 2006/07.

 

 

C2969                        SCHOOL TRANSPORT - IDENTIFICATION OF HAZARDS ON WALKING ROUTES TO SCHOOL (DEER and DLD) (SCRUTINY  - ECONOMY AND ENVIRONMENT) -

 

Cabinet were updated on the outcome of the Independent Assessor’s re-evaluation of the routes identified by the Scrutiny Committee (Economy and Environment) and the Cabinet’s decision of 6^th  September, 2006 to revisit a number of previously assessed routes.  The report provided further information, given the Cabinet’s previous consideration of issues in December of last year.

 

The routes considered by the Independent Assessor were as follows:

 

§                     Eglwys Brewis to Llantwit Major Comprehensive School - whilst the independent assessor did not believe that this route needed re-assessing as the Council had implemented his suggestions to make the route safe by constructing a footway through Harding Close, he had actually assessed the new works and declared the new route safe in accordance with Local Authority Road Safety Officer’s Guidelines.  As he had not intended to revisit the route, he did not formally put his comments in writing.  Highways Officers had also assessed the crossing at the junction of Boverton Road onto the Bypass in light of written representations questioning the safety of the crossing.  Whilst there was no free school transport offered for pupils residing in this area, fare paying school buses were provided for access to both Llantwit Comprehensive and St. Illtyd Primary Schools and fares were subsidised.

§                     St. Donats to Llantwit Major Comprehensive School - the assessor did re-asses this route and again declared the route as safe in accordance with the Local Authority Road Safety Officer’s Guidelines.  Whilst there was no free school transport offered to school pupils who resided in this area, there were currently some spare seats on existing buses should any child wish to purchase a seat.

§                     Bendricks to Sully Primary School - whilst this route was not considered in a previous Cabinet request, the consultant was asked if he needed to review this route and his view that he did not.  Since the last inspection of this route in November 2005, the Council had negotiated the provision of a footway throughout the entire length of the Hayes Road through a planning obligation as part of the Sully Hospital development.  This footway clearly provided for an additional safety measure for this route.  Whilst there was no free school transport offered for pupils who reside in the Bendricks, a fare paying school bus is provided for pupils who access Sully Primary School and fares were kept low by subsidy.  This had also assisted parents who wished to use this service to take their nursery age children to school via this transport.

 

This was a matter for executive decision.

 

RESOLVED –

 

(1)       T H A T the safe route assessment results be noted and accepted.

 

(2)       T H A T the Eglwys Brewis to Llantwit Major Comprehensive School route be reconsidered at a later date in view of the proposed Metrix St. Athan development.

 

Reasons for decisions

 

(1)       To ensure a fair and consistent approach in providing “school transport in the Vale of Glamorgan”.

 

(2)       To take account of changes to the route as a result of the Metrix development.

 

 

C2970                        CAPITAL MONITORING FOR THE PERIOD 1^ST APRIL 2006 TO 28^TH FEBRUARY 2007 (CMT) (SCRUTINY - ALL) -

 

Cabinet were advised of the progress on the 2006/7 Capital Programme for the period 1^st April 2006 to 28^th February 2007 and where necessary to request changes to the programme.

 

Details were presented of the progress on the 2006/07 Capital Programme and attention was drawn to the following matters:

 

Housing - Due to health and safety issues the cost of the “Invest to Save” cavity wall insulation in public buildings scheme had increased by £7,000 to a total cost of £48,000.  This increase had a slight effect on the net savings of the scheme but there was still a sizeable saving to be attained by completing this work.  The initial funding of this scheme would be found from the Project Fund which would be repaid annually by deducting savings from affected revenue budgets.  As the order had not yet been placed it was not anticipated that the work could commence on site until next financial year.  As such, it was therefore requested that funding for the scheme be increased to £48,000 and that the whole budget be slipped into next year, thereby increasing the 2007/08 Capital Monitoring accordingly.

 

Directorate of Lifelong Learning - Emergency powers had been implemented in order that a 14-19 capital grant from the Welsh Assembly Government could be accepted.  The grant for £141,000 covered the development of a fitness suite at Bryn Hafren Comprehensive School and the development of teaching facilities at the Amelia farm Trust for pst-16 special needs pupils.

 

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

 

Policy - delays in the progression of the UPS solution scheme had meant that work would not now proceed before April 2007.  It was requested that the sum of £20,000 be slipped from the 2006/07 IT equipment budget into 2007/08.

 

Similarly, delays with the OneVale project had meant that two IT schemes would not now be completed until 2007/08.  It was therefore requested that the contact centre telephony scheme at £75,000 be slipped into 2007/08 along with part of the Provincial House telephony budget at £26,000.

 

Directorate of Environmental and Economic Regeneration - Planning consent requested for Cogan Hall Farm landscaping had been deferred to the end of March 2007 and as such works could not now commence until April 2007 at the earliest.  As such, it was requested that the remaining underspend on this scheme of £86,000 be slipped into the 2007/08 Capital Programme. 

 

Given that certain elements of the report contained matters which were either contrary to or not wholly in accordance with the budget and would need to be referred to council for approval.

 

RESOLVED -

 

(1)       T H A T the 2006/07 budget on the cavity wall installation scheme be increased by £7,000 to be funded initially from the Project Fund and reimbursed annually from revenue budget savings.  The total budget of £48,000 be slipped into 2007/08 and that Council be requested to confirm this request.

 

(2)       T H A T £86,000 be slipped into 2007/08 for the Cogan Hall Farm scheme and that Council be requested to confirm this request.

 

(3)       T H A T the 2006/07 Capital Programme be increased by £141,000 representing the acceptance of the 14-19 grant.

 

(4)       T H A T the sum of £101,000 from the OneVale project telephony budget be slipped into 2007/08 and that Council be requested to confirm this request.

 

(5)       T H A T the sum of £20,000 on the IT 2006/07 budget be slipped into 2007/08 and that Council be requested to confirm this request.

 

Reasons for decisions

 

(1)       To allow schemes to be undertaken / completed in a future financial year.

 

(2)       To allow schemes to be undertaken / completed in a future financial year.

 

(3)       To allow schemes to be undertaken in this financial year.

 

(4)       To allow schemes to be undertaken / completed in a future financial year.

 

(5)       To allow schemes to be undertaken / completed in a future financial year.

 

 

C2971                        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 stated, be considered.

 

 

C2972                        Penarth Headland Link (DEER) (SCRUTINY – CORPORATE RESOURCES)

 

urgent by reason of the need to consider this matter before the end of the financial year.

 

Cabinet received an update on the above scheme. 

 

Cabinet last received a report on this matter on 29^th November, 2006 at which it was resolved :

 

(1)       That the Leader write to the Minister outlining proposals contained in the report leading to the consideration of the funding options to the project.

 

(2)       That the Director of Environmental and Economic Regeneration in consultation with the Director of Finance, ICT and Property, be requested to identify land surplus to requirements, the capital receipt for which could be used to fund the Penarth Headland Link project.

 

(3)       That a further report be presented to Cabinet in January 2007 on the identification of any surplus land.

 

The then Leader of the Council wrote to Andrew Davies AM, Minister for Enterprise Innovation and Networks immediately following Cabinet informing him of the above resolutions.

 

Andrew Davies AM replied on 20^th February 2007 and, whilst still supporting this scheme, urged the Council to make a final decision on whether the proposal was to be implemented.  The letter put on hold any further funding from the Welsh Assembly Grant of £7,5m with effect from the end of this financial year.  This measure would remain in force until this Council was able to agree an acceptable proposal for delivering project and a complete funding package was in place.

 

The Minister made it clear that the Grant was being withheld and not terminated.  In the light of this therefore it was recommended that any further Grant spend on the project be stopped and the Council’s consultants advised accordingly.  It was pointed out however that this could result in the preferred contractor for the scheme, and key consultant advisor, withdrawing completely from the project.

 

Since last reported to Members, a number of issues have been progressed. 

 

Target Cost for Scheme

 

The most recent target cost for the Scheme was £21,5m which included almost £1m for “risk” as well as other items which once the scheme had been confirmed, may possibly be negotiated downwards.  It was prudent at this time however to work on the basis of a “worst case” total scheme cost of £21,5m.

 

It was therefore necessary to find an additional £8m in order to provide for this target cost.  Work had begun in identifying a number of potential Council land sale opportunities to fund this gap but further work was necessary to clarify the issues associated with potential sales.  Clarification was also being sought from Sustrans regarding their funding offer of £1,25m.

 

Project Risk

 

The basis for this project had always been to minimise the risk to the Council, particularly bearing in mind the marine location of the proposed Link.  The form of contract chosen to progress the construction phase of the project would include financial incentivisation, such that the Contractor and the Council would share any savings made should the Contractor conclude the project within the target cost.  Similarly, any cost over-run above the target cost would be borne by both parties up to a capped limit, with any further being taken solely by the Contractor.  The final contract details  agreed between the Contractor and the Council would describe this “pain/gain” mechanism and the capped limits.  The risks to the Council were well defined and catered for in the proposed contract and the project would be adequately funded as a result of the funding work referred to above.

 

Land on Foreshore

 

During the course of the project two pieces of foreshore land had been identified as being in private ownership.  Over a number of years there had been attempts to agree terms for the purchase of these areas of foreshore but agreement had not been reached with either party.

 

As a result, on 15^th march, 2006,  Cabinet had agreed to commence CPO proceedings in order to acquire this land for the purpose of this project.  It was clear however that such a CPO procedure could take a number of years, particularly if it also involved reference to the Lands Tribunal.  In the meantime some progress had been made in relation to one party and an agreed settlement was possible.  The other party however had not even responded to approaches from the Council’s agents.  It was imperative that both parcels of land would have to be secured to deliver the project and without doing so the scheme would be undeliverable.

 

This was a matter for executive decision.

 

RESOLVED –

 

(1)       T H A T in accordance with the decision of the Welsh Assembly Government, no further Grant funded work be undertaken on this project.

 

(2)       T H A T work continues to identify Council land sale opportunities in order to part fund the project.

 

(3)       T H A T the copy of the report be sent to the Assembly Minister for Enterprise Innovation and Networks.

 

Reasons for decisions

 

(1)       To comply with the letter from WAG.

 

(2)       To identify sources for the funding gap.

 

(3)       To inform the Welsh Assembly Government.

 

 

C2973                        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 12e (amended) of the Act, the relevant paragraphs of the Schedule being referred to in brackets after minute headings.

 

 

C2974                        GRANT OF EASEMENT OVER COUNCIL LAND AT SOUTH VIEW RHOOSE (DCS) (SCRUTINY - COMMUNITY WELLBEING AND SAFETY) (EXEMPT INFORMATION - PARAGRAPH 16) -

 

Cabinet approval was sought for the granting of easements over Council owned land at South View Rhoose in favour of land owners at the rear of 49 Fontygary Road, Rhoose, and the rear of 51 Fontygary Road, Rhoose, and applications that may be received in future over the same lands.

 

This was a matter for executive decision.

 

RESOLVED -

 

(1)       T H A T the Director of Finance ICT and Property approve the sum agreed of £50,000 for the easement over land to the rear of South View, Rhoose, for 51 Fontygary Road, Rhoose, and authorise negotiation to agree terms for an easement over the land at South View Rhoose, to the rear of 49 Fontygary Road, Rhoose.

 

(2)       T H A T the Director of Legal and Regulatory Services be authorised to execute the Deeds of Easement over Council land at South View Rhoose in favour of the said land at rear of 49 Fontygary Road, Rhoose, and rear of 51 Fontygary Road, Rhoose.

 

Reasons for decisions

 

(1)       To regularise access over Council land at the rear of 49 Fontygary Road, Rhoose, and 51 Fontygary Road, Rhoose.

 

(2)       To fulfil the legal requirements for such land transactions to be fully and validly implemented.

 

 

C2975                        LAND AT TREMAINS FARM, LLANMAES (DFICTP) (SCRUTINY - CORPORATE RESOURCES) (EXEMPT INFORMATION PARAGRAPH 21) -

 

Authority was sought to dispose of land at the above location.

 

At its meeting on18^th January 2006, Cabinet authorised negotiations with the WDA which required the land for the construction for part of the access arrangements for the St. Athan developments.  These negotiations were now concluded.

 

It had been agreed, subject to Cabinet approval, that the due price for the land was £162,500.  In addition, WAG would reimburse the Council’s legal and surveyor fees and it was recommended that the disposal proceed on this basis.

 

This was a matter for executive decision.

 

RESOLVED -

 

(1)       T H A T the disposal proceed as detailed above.

 

(2)       T H A T the Director of Legal and Regulatory Services be authorised to prepare, complete and execute the necessary legal documentation to effect the sale.

 

Reasons for decisions

 

(1)       To permit the disposal to proceed.

 

(2)       To enable the disposal to be completed.

 

 

C2976                        SCHOOL INVESTMENT STRATEGY (DLD) (SCRUTINY - LIFELONG LEARNING) (EXEMPT INFORMATION - PARAGRAPH 21) -

 

Cabinet were updated on the analysis of potential capital receipts, the cash flow implications of the school investment strategy and considered recommended proposals for progressing these strategies.

 

The outcome of MACE’s work was reported to Cabinet on 20^th September, 2006, Life Long Learning Scrutiny Committee on 9^th October, 2006 and Corporate Resources Scrutiny Committee on 10^th October, 2006.  The main recommendations of the MACE report included achieving cost reductions by bundling the three secondary schools and fast-tracking their delivery.  The report presented options around progressing 1,2 or 3 secondary schools with costs ranging between lower quartile and medium quartile in terms of the industry benchmarks.  The report also explored the use of innovative low cost school design as a means of keeping costs as low as possible.  In the earlier Cabinet report of 29^th  September, 2005 that went to Council on 12^th October, 2005, an estimated shortfall of around £20m, before taking into account a capital receipts target of £6,5m was reported.  In their work, MACE also identified the potential for capital receipts which could be used to effectively close the funding gap.  A further key issue raised by MACE was the impact of inflationary and related increases to the cost of the project.

 

The purpose of the project execution plan was to provide appropriate time scales that would ensure that the Council retained maximum flexibility in terms of options to progress the strategy by building 1,2 or 3 schools together with the option of fast-tracking the completion of the 3 schools.  The options selected were dependent upon the availability of capital receipts and the subsequent cash flow implications.  The report before Cabinet presented relevant financial appraisals relating to the affordability of the investment strategy.

 

At this stage, this was a matter for executive decision.  However, commencement of the school investment strategy would be a matter for Council.

 

RESOLVED -

 

(1)       T H A T further reports be presented to Cabinet on sites for potential capital receipts on an individual basis.

 

(2)       T H A T a further report be made to Cabinet on MACE’s review of the prioritised order for the secondary schools and any other technical advice that was appropriate.

 

(3)       That the report be referred to Scrutiny Committee (Lifelong Learning) for information.

 

Reasons for decisions

 

(1)       To realise the capital receipts as quickly as possible.

 

(2)       To enable the Council to determine the most appropriate phasing for delivery of the 3 secondary schools.

 

(3)       To inform Scrutiny Committee (Lifelong Learning).