CABINET
MINUTES of a meeting held on 12th March, 2008.
Present: Councillor Ms. M.E. Alexander (Chairman); Councillor N. Moore (Vice-Chairman); Councillors S.C. Egan, N.J. Gibbs, Mrs. V.M. Hartrey, G. John, Mrs. M.R. Wilkinson and C.J. Williams.
C3441 APOLOGIES FOR ABSENCE –
These were received from Councillors R.F. Curtis and Mrs. M. Randall.
C3442 MINUTES –
RESOLVED – T H A T the minutes of the meeting held on 5th March, 2008 be approved as a correct record.
C3443 DECLARATIONS OF INTEREST –
Councillor N.J. Gibbs declared an interest in agenda item 6, New Youth Facility in Penarth, in that he was a member of the relevant Town Council, with permission to speak but not vote.
C3444 GRAFFITI (REF) –
A request for consideration of matter had been made to the Scrutiny Committees (Economy and Environment, Community Wellbeing and Safety and Lifelong Learning) to examine the best methods of preventing graffiti, managing it and to invite stakeholders such as police, youth service and other relevant parties to look for solutions. The report attached to the reference highlighted that graffiti removal was currently being carried out within the Waste Management Section by the deployment of the Waste Management and Cleansing Division Street Care Team where graffiti removal was carried out on street and road signs, bus stops and relevant land for which the team had a cleansing duty. Whilst offensive or racist graffiti was removed as a priority the removal of graffiti on private property did not fall within the Council’s statutory duty and was the responsibility of the land or building owner. It was further reported that in conjunction with other bodies within the Safer Vale Partnership and subject to the owner signing a waiver, graffiti on private property could be removed and generally the assistance of the Probation Service was used to undertake such work.
With regard to technical solutions for the prevention and removal of graffiti it was stated that dependent upon the nature of the surface (porous or non-porous) and the type of application, medium/type of paint a number of methods were available namely high pressure washing, the application of solvent based solutions in liquid, gel or aerosol form, painting over the offending graffiti and the removal of the structure that was the subject of graffiti. Trials that had previously been carried out by the Visible Services Section on pedestrian underpasses using special anti-graffiti coatings had proved unsuccessful. During discussion of the issue at its meeting on 18th February, 2008 the Scrutiny Committee (Lifelong Learning) stated that the simple painting over of graffiti was considered to be a very cost effective and efficient way of dealing with the matter, although it was also considered that the devotion of more monies to the Youth Service to offer more activities to young people may assist in tackling the cause of graffiti.
The Scrutiny Committee therefore
RECOMMENDED -
(1) T H A T the recommendations of the Scrutiny Committee (Economy and Environment) as below be endorsed:-
· That a further report examining the variety of technical solutions available relating to the prevention and/or the removal of graffiti be made to a subsequent meeting, preceded by a feasible and physical demonstration of products used.
· That given the expeditious removal of graffiti was considered to be a prime motivator as regards a reduction in such incidents consideration be given to the Council taking a lead in raising public awareness of ways in which graffiti could be prevented or removed by publishing such information through its website and/or Vale Waves for example, such information to be subject to a disclaimer that the Council accepted no liability in respect of the effectiveness of such products nor for any subsequent damage to property occasioned as a consequence of their use.
(2) T H A T the Committee fully supports the strenuous efforts of the Graffiti Removal Team and commends its actions.
(3) T H A T Cabinet be urged to formalise the present voluntary actions of the Graffiti Removal Team.
(4) T H A T Cabinet be requested to consider an increase in the funding of the Youth Service.
Cabinet, having considered the recommendations of the Scrutiny Committee
RESOLVED –
(1) T H A T the recommendations of the Scrutiny Committee be noted and considered by Cabinet at a later date.
(2) T H A T the Graffiti Removal Team and Denny White be congratulated for their work in respect of graffiti removal and also to Denny White for gaining the woman of the year award.
Reasons for decisions
(1)&(2) For Members information.
C3445 57 WINSTON ROAD, BARRY (DFICTP) (SCRUTINY (CORPORATE RESOURCES) –
The report sought Cabinet approval for consent to be granted for the Council as landlord for the change of use of a retail unit at 57 Winston Road, Barry from use as a pharmacy to A3 use which, under the Use Classes Order 1987, covers restaurants, cafes, pubs, wine bars and hot food takeaways.
It was reported that the Council owned the free-hold interest over land on Winston Road, Barry on which was situated a block of three shops. The Council had previously granted a joint building licence to three individual businesses who together funded the construction of the block of shops and each business had also been granted a 99 year lease of one retail unit each at ground rent of £10 per annum.
All three businesses currently had permitted uses of hot food takeaway, pharmacy and general store with No. 57 Winston Road being the pharmacy.
The Local Health Board had confirmed that the original licence for the operation of the pharmacy had expired without the pharmacy ever having been open for business. A third party had also applied recently for pharmacy use at the premises but this had been refused. The decision had however, been appealed to the Welsh Assembly Government but WAG was unable to give a timescale for when the appeal might be determined. The leaseholder had advised that he intended to sell his leasehold interest in the property and his solicitors had written to the Council and advised that in preparation for the sale planning permission be applied for to change the use of the premises from the current use as a pharmacy to A3 use with the intention that the premises would be utilised as a hot food takeaway. The leaseholder was therefore seeking consent from the Council as landlord for a change of use before selling his leasehold interest. The Cabinet were advised that local Ward Members had been consulted and an objection had been received from one, with the view that competing uses would be detrimental to both competitors businesses together with the fact that there was an appeal pending with the Welsh Assembly Government and it was in his opinion that the decision should be deferred by the Cabinet pending the outcome of the appeal to the Welsh Assembly Government.
This was a matter for Executive decision.
Cabinet having considered the report and the issues that had been identified by the local Ward Member
RESOLVED – T H A T the matter be deferred pending the findings of the appeal with the Welsh Assembly Government.
Reason for decision
To await the outcome of the WAG appeal.
C3446 NEW YOUTH FACILITY IN PENARTH (DLD) (SCRUTINY – LIFELONG LEARNING) –
Authority was sought for the Council to enter into negotiations for a lease agreement with Penarth Town Council for premises to be used as a youth facility in Penarth Town Centre. The Penarth Town Council owned a stand alone two story building at the rear of its main offices at Stanwell Road Penarth. The building was currently leased to the Citizen’s Advice Bureau who had served notice to the Penarth Town Council to terminate its lease for the premises from 31st March, 2008.
Penarth Town Council had recognised the lack of facilities for young people in the area and the fact that the issue of youth annoyance was increasing throughout the town. The report highlighted that the Vale Council’s Youth Service currently leased bases from the Penarth Youth Project to deliver part of its provision for the young people of Penarth and it was considered that these resources could be transferred to the new facility if a suitable lease proved acceptable at the Penarth Council’s building on Stanwell Road, Penarth.
It was further highlighted that the resources that were currently utilised in the space leased from Penarth Youth Project could be transferred to the new facility if a suitable lease proved acceptable.
This was a matter for Executive decision.
RESOLVED –
(1) T H A T authority be granted for the Director of Learning and Development and the Director of Finance, ICT and Property to enter into negotiations to agree heads of terms with Penarth Town Council for the lease of the premises detailed in the report.
(2) T H A T planning consent be sought for the change of use of the building in question to become a youth facility.
(3) T H A T a further report be presented to Cabinet on the financial implications and funding arrangements prior to the conclusion of the negotiations.
Reasons for decisions
(1) In order that the relevant Council officers can negotiate the most suitable lease agreement for operating the youth facility.
(2) In order to meet the planning requirements.
(3) In order to ensure that financial implications are understood and funding arrangements are in place.
C3447 SCHOOL INSPECTION REPORTS (DLD) (SCRUTINY – LIFELONG LEARNING) –
The report provided the Cabinet with details of the outcomes of School Inspections that had been undertaken in the Autumn term 2007.
The schools referred to were:
· Bute Cottage Nursery
· St. Helen’s Infants R/C School
· Cowbridge Comprehensive School.
During the Autumn term 2007 the schools had been inspected via three types of inspection. Bute Cottage (Full), St. Helens R/C (Standard) and Cowbridge Comprehensive (Short). The report highlighted that the assessments that had been made provided a positive reflection of the good work being undertaken within the schools concerned. Bute Cottage was described as a good school with outstanding features, St. Helens R/C Infant and Nursery was described as good features and no important shortcomings and in the case of Cowbridge School the assessment was good with outstanding features which had been awarded across all seven key questions for all key stages in the Grade 1 assessment.
This was a matter for Executive decision.
Having considered the report, Cabinet
RESOLVED –
(1) T H A T the outcomes of the Schools Inspections be noted.
(2) T H A T the reports be referred to the Scrutiny Committee (Lifelong Learning) for consideration.
(3) T H A T the three schools be congratulated on the many positive elements of the reports.
Reasons for the decisions
(1&2) To enable elected Members to be kept informed of the progress of maintained schools.
(3) To recognise the achievements the schools had made.
C3448 MATTERS WHICH THE CHAIRMAN HAD DECIDED WERE URGENT –
RESOLVED – T H A T the following matters which the Chairman had decided were urgent for the reasons specified be considered.
C3449 WALES AUDIT OFFICE REPORT: ACHIEVING THE WELSH HOUSING QUALITY STANDARD (CMT) (SCRUTINY – COMMUNITY WELLBEING AND SAFETY) -
Urgent by reason of the need to inform Cabinet of the outcome of the Wales Audit Office Report on the Council’s progress on achieving the Welsh Housing Quality Standard
The report advised the Cabinet of the results of the review that had been undertaken by the Wales Audit Office (WAO) in 2007 regarding progress in developing a framework that would enable the Council to improve the Council Housing Stock to meet the Welsh Housing Quality Standard (WHQS) by 2012. A copy of the WAO report was attached at Appendix 1 to the report. The report highlighted that the Council had made a decision to retain its housing stock and in March 2007 had submitted a Housing Revenue Account Business Plan to the Welsh Assembly Government. The Plan set out how the Council intended to achieve the WHQS based on a number of financial assessments. However, due to the lack of a recent Stock Condition Survey at that time no up to date information about the cost of improvement was available. The WAO identified that this decision was high risk to the Council and undertook work between August and November 2007 to assess whether appropriate arrangements were in place to mitigate the risk. The WAO concluded that the Council was committed to achieving the WHQS and was making progress to improve the arrangements required to achieve successful delivery of improvements although it was noted some high risks still remained. The conclusion reached was based on the following two major reasons:
· The Council had put in place appropriate project management arrangements although monitoring of the effectiveness of the plans was underdeveloped.
· The Council recognised that it needed to improve the management of some high risks to ensure they could achieve the WHQS by 2012.
The WAO review identified eight recommendations as detailed below:
“R1 – Appoint a permanent Housing Manger to ensure that the drive to achieve the WHQS is retained, and a project manager who will be responsible for the operational management of contracts and delivery of improvements.
R2 – Submit a revised HRABP to the Assembly Government in December 2007
R3 – Develop the detailed work programme and expenditure profile required to achieve the WHQS by 2012.
R4 – Establish the working group which will focus on achieving the capital receipts required to ensure the financial viability of the HRABP.
R5 – Establish a clear system for ensuring that all elements that contribute towards the Housing Investment Project are monitored and scrutinised by the Project Board and an appropriate committee.
R6 - Establish mechanisms for reviewing the IT options available for storing and updating stock condition data. Implement and monitor any manual processes required to update the IT system.
R7 – Clarify the arrangements for design work associated with the improvements and, if necessary, increase capacity, ensuring that the Housing Service is in a position to specify the design requirements for all improvement contracts.
R8 – Assess any potential Building Maintenance Service involvement in capital contracts to ensure that value for money is secured, so that there is no detrimental effect on the Responsive Repairs Service.
However, Cabinet although acknowledging the report considered that the recommendations had now been superseded in light of the significant progress that had been made since its completion.
This was a matter for Executive decision.
In view of the significant progress that had been made Cabinet
RESOLVED –
(1) T H A T the WAO Report be noted.
(2) T H A T a permanent Housing Manager be appointed together with a Project Manager (possibly by secondment) responsible for the operational management of contracts and delivery of improvements, and be noted that it was to be addressed at the Senior Management Appointment Panel later in the day.
(3) T H A T it be noted that a revised HRABP has been submitted to the Welsh Assembly Government which addressed the issues raised by the Wales Audit Office.
(4) T H A T a detailed work programme and expenditure profile required to achieve WHQS by 2014/15 be developed.
(5) T H A T it be noted that a working group had been established to ensure the achievement of capital receipts and the viability of the HRABP.
(6) T H A T it be noted that appropriate monitoring arrangements had been set up which included the Corporate Management Team as the Project Board and reporting arrangements to the Housing Sub-Committee.
(7) T H A T it be noted that the mechanisms had been established with a preferred IT option being considered.
(8) T H A T it be noted that the interim arrangements for design work associated with the improvements had been agreed between the Directors of Legal, Public Protection and Housing Services, Environmental and Economic Regeneration and Finance, ICT and Property.
(9) T H A T it be noted that currently the Council’s DSO structure was under review which would include an assessment of the potential of the Building Maintenance Services involvement in capital contracts.
(10) T H A T the issues raised be addressed in the relevant service plans 2008/09.
(11) T H A T the report be referred to the Scrutiny Committee (Community Wellbeing and Safety) requesting that the Committee consider this issue as part of its 2008/09 work programme.
(12) T H A T regular progress reports be made to Cabinet.
Reasons for resolutions
(1) To inform Members.
(2) To progress matters
(3) To apprise members
(4 to 9) To note progress made
(10) To ensure effective monitoring
(11) For further consideration
(12) To apprise Members.
C3450 ALLOCATION OF FUNDING UNDER THE VOLUNTARY ACTION SCHEME 2008/09 (REF) (SCRUTINY – CORPORATE RESOURCES) –
Urgent by reason of the need to award grants prior to the end of the financial year.
Cabinet had been requested by the Voluntary Sector Joint Liaison Committee ( at its meeting on 27th February 2008)to consider awarding grants under the Voluntary Action Scheme for 2008/09 as listed below:
|
1 |
VCVS
(Kick Start Programme) |
10,000 |
One-off grant further application be not accepted. |
|
2 |
Valeplus (Retail training project for adults with learning difficulties) |
8,000 |
|
|
3 |
Major Music (Part Time project Workers ) |
24,000 |
|
|
4 |
Gate Training Ltd
(Personal Development Programme for socially excluded groups. |
Nil |
|
|
5 |
VoG Women's Aid
(Domestic Abuse Counselling ) |
20 |
|
|
6 |
Weston Spirit (Short Course programme to YOT) |
Nil |
|
|
7 |
Valeways (Managers Salary costs) |
20,000 |
One-off grant. Further applications be not accepted. |
|
8 |
Vale People First Ltd
(Photo exhibition of the challenges overcome by the disabled) |
Nil |
|
|
9 |
Cardiff & Vale Parent's Federation
( Family friendly carers information service )
|
Nil |
|
|
10 |
Vibe Experience Ltd
( Coordinators salary) |
35,000 |
One-off grant. Further applications be not accepted. |
|
11 |
The Vine Youth Project
(Youth initiative at Bryn- y Don skate park Dinas Powys. |
9,000 |
|
|
12 |
Hyper Action (Multimedia Projects) Ltd ( IT training facility for the disabled.) |
Nil |
|
|
|
TOTAL |
|
126,000 |
It was also noted that the sum available for allocation was £129,000.
This was a matter for Executive decision.
Having considered the reference, Cabinet,
RESOLVED – T H A T grants be approved under the Voluntary Action Scheme for 2008/09 as detailed above.
Reason for decision
In view of the sum available.
C3451 EXCLUSION OF PRESS AND PUBLIC –
RESOLVED - T H A T under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Part 4 of Schedule 12A (as amended) of the Act, the relevant paragraphs of the Schedule being referred to in brackets after the minute heading.
C3452 WASTE MANAGEMENT CONTRACTS 2008 – 2010 (RESIDUAL WASTE) AWARD OF CONTRACTS (DEER) (EXEMPT INFORMATION – PARAGRAPH 14) (SCRUTINY – ECONOMY AND ENVIRONMENT) –
Cabinet was advised of the results of the tendering exercise for the Waste Management Contracts (residual waste) 1st April, 2008 to 31st March, 2010 and approval was requested for the appointment of a contractor for the residual waste disposal contract.
The report advised that the current residual waste disposal contract with Biffa Waste Services expired on 31st March, 2008 and that there was no provision for a formal extension of the current contract as it was let for a fixed term period. In accordance with the restricted procedures five short-listed companies had been invited to submit for tender. A tender evaluation process was carried out including financial analysis and a quality analysis. The panel judging the equality element of submission comprised of senior officers from both Cardiff Council and the Vale of Glamorgan Waste Management Group. The result of the tender evaluation exercise ranked the contractors as detailed below:
· First – Biffa Waste Services
· Second – Greenwood Services.
This was a matter for Executive decision.
RESOLVED – T H A T the Director of Legal, Public Protection and Housing Services be authorised to award a Waste Management Contract to Biffa for residual waste disposal for 1st April 2008 until 31st March, 2010 with the provision for an extension until 31st March, 2018.
Reason for decision
To enable the Vale of Glamorgan to enter into a Waste Disposal Contract for the disposal of residual waste from 1st April, 2008 until 31st March, 2010 with a provision for extension until 31st March, 2018.
C3453 APPLICATIONS FOR LOCAL TAX RELIEF (DFICTP) (EXEMPT INFORMATION – PARAGRAPHS 12, 13 & 14) (SCRUTINY – CORPORATE RESOURCES) –
Consideration was given to applications for relief from rates and council tax that had been received from charitable and other organisations and individuals as detailed and contained in Appendix A to the report.
This was a matter for Executive decision.
RESOLVED – T H A T the following applications be approved as determined below:
· Reserve Forces and Cadets Association for Wales – 100% discretionary relief.
· Cymdaithas Tai Hafan Cyf Ltd – 80% mandatory and 20% discretionary top up.
· National Coastwatch Institution – 80% mandatory and 20% discretionary top up.
· Trustees of Penarth Community Arts Project – 80% mandatory and 20% discretionary top up.
· The Wallich Centre – 80% mandatory and 20% discretionary top up.
· Vale of Glamorgan Credit Union Ltd – Hardship relief on the remaining balance to top up to 100%.
· Mr, R.D. Rhoose Post Office – 50% discretionary relief from 1st April, 2005 to 31st March, 2007.
· Mr. J.H. T/A Snaffles Saddlery – 25% discretionary relief for one year only from 1st April, 2007 to 31st March, 2008.
· Forest Decking Wales Ltd – deferred for submission of accounts.
Reason for decision
All applications have to be considered on an individual basis.