Welcome to the
Vale of Glamorgan Council

CABINET

 

MINUTES of a meeting held on 23^rd April, 2008.

 

Present: Councillor Ms. M.E. Alexander (Chairman); Councillor N. Moore (Vice-Chairman); Councillors R.F. Curtis, S.C. Egan, N.J. Gibbs Mrs. V.M. Hartrey, G. John, Mrs. M. Randall, Mrs. M.R. Wilkinson and C.J. Williams.

 

 

C3490                        ANNOUNCEMENTS -

 

The Chairman welcomed the Members to the final meeting of the Coalition Cabinet pending the election and took the opportunity to thank all Members and officers for their support and hard work.

 

 

C3491                        MINUTES -

 

RESOLVED - T H A T the minutes of the meeting held on 16^th April, 2008 be approved as a correct record.

 

 

C3492                        DECLARATIONS OF INTEREST -

 

No declarations of interest were received.

 

 

C3493                        CHARGING FOR CAFÉ AND RELATED LICENCES ON THE HIGHWAY (REF) -

 

The Scrutiny Committee (Economy and Environment) had, on 8^th April 2008, considered the above report and noted that Cabinet had (14^th March, 2007), resolved that a single fee of £350 over three years be charged for 2007/08 for Café Style licences.  The report to the Scrutiny Committee recommended a fee increase to £360 for 2008/09 based on twenty square metres and smaller or larger areas to be charged pro-rata with a minimum fee of £260 for three years. This was fully supported by the Scrutiny Committee.

 

Cabinet during discussion of the reference stated that they had concerns in relation to Health and Safety issues associated with the activities and they requested to receive further information in respect of these matters and in relation to the types of licences issued i.e. what they were and what they were for.

 

RESOLVED - T H A T the matter be deferred for a further report to be submitted in respect of Health and Safety issues and the types of licences issued.

 

 

Reason for decision

 

In order that the necessary information can be obtained.

 

 

C3494                        QUARELLA STREET MULTI USE GAMES AREA, BARRY (REF) -

 

RESOLVED - T H A T the reference be deferred for consideration with the Part 11 Agenda Item 24 on the agenda.

 

 

C                     CABINET SUB-COMMITTEE (PUBLIC RIGHTS OF WAY) -

 

The following minutes of the meeting held on 17^th March, 2008 were submitted:

 

Present:  Councillor C.J. Williams (Vice-Chairman, in the Chair) and Councillor R.F. Curtis.

 

 

(a)       Apologies for absence –

 

These were received from Councillor G. John and Mrs. M. Randall.

 

 

(b)       Minutes –

 

The minutes of the meeting held on 13^th February, 2008 were approved as a correct record.

 

 

(c)        Application to Grant Two Public Footpaths to the Definitive Map at Pentre’r Cwrt, Llantwit Major –

 

This matter had been deferred by the former Definitive Map Modification Sub-Committee on 24^th January, 2007 pending the examination of further evidence relating to land ownership issues.

 

The application had been initially submitted on 14^th August, 2005 by Mr. P. Redmayne, Secretary of the Llantwit Major Action Group.  The two footpaths sought provided links between Samson Street and Public Footpath No. 37a, Llantwit Major.  The owner of the land over which the majority of the claimed routes passed (Filco Supermarkets Ltd.) had objected to the application.  The remainder of the land was controlled by the Vale of Glamorgan Council and the Operational Manager, Parks and Ground Maintenance, had also lodged an objection. 

 

In addition to the written documentation submitted, the Sub-Committee also received representations from Mr. Price of 1 Samson Street, Mrs. Phillips, Mr. I. Hunt (Filco Supermarkets Ltd.), together with the solicitor representing Filco.  Mr. Redmayne, the applicant, was not in attendance.  However, Mr. Price indicated that it was his understanding that Mr. Redmayne was happy for the meeting to proceed in his absence. 

 

In terms of land issues, the position of the boundary between the land owned by Mrs. Price and that owned by Filco Supermarket had been investigated by the Land Registry, who had confirmed that the boundary of the two parcels of land appeared to accord with the northern boundary of Mrs Price’s rockery.  Consequently, both the claimed footpaths still fell outside the ownership of Mrs. Price, as revised by the Land Registry.  This decision had been accepted by Filco and Mrs. Price had chosen not to pursue the issue further with the Land Registry. 

 

The specified event forming the grounds for the application fell under Section 53(3)(b) of the Wildlife and Countryside Act, i.e. that a period had expired such that the enjoyment by the public of the way during the period raised a presumption that the way had been dedicated a public.  The Act specified that the period for such enjoyment as 20 years. 

 

In considering the application, the Sub-Committee took into account the Director’s report, all accompanying information such as witness statements and verbal representations made at the meeting by Mr. Price, .Mrs. Phillips and Mr. Hunt. 

 

RESOLVED – T H A T the application to add two footpaths from Samson Street to Public Right of Way No. 37(a), Llantwit Major be not approved. 

 

____________

 

RESOLVED - T H A T the minutes be noted.

 

 

C3495                        CARDIFF BAY ADVISORY COMMITTEE -

 

The following minutes of a meeting held on 19^th March, 2008 were submitted:

 

Present:

 

Mrs. C. Dimond (Vice-Chairman, in the Chair)	Cardiff Flood Action Committee
Mr. N. Ajax Lewis	Wildlife Trust of South and West Wales
Mr. P. Barry	Cardiff Yacht Club
Mr. T. Davies	Royal Yachting Association
Mr. J. Harrison	Environment Agency
Mrs. S. Howard	Countryside Council for Wales
Councillor N. Howells	Cardiff County Council
Mr. J. Taylor	Glamorgan Anglers Club

 

Also present:

 

Mr. S. Howell	Cardiff Harbour Authority
Mr. J. Wyatt	Vale of Glamorgan Council
Councillor M.R. Wilson	Vale of Glamorgan Council

 

 

(a)       Apologies for absence -

 

These were received from Councillors N.J. Gibbs and Mrs. V.M. Hartrey of the Vale of Glamorgan Council and Ms. S. Newbold (British Marine Federation).

 

 

(b)       Minutes -

 

AGREED - T H A T the minutes of the meeting held on 16^th January, 2008 be approved as an accurate record.

 

 

(c)        Matters Arising -

 

(i)      Wind Flows within the Bay

 

As agreed at the last meeting, the Planning Officer of Cardiff County Council had again been invited to attend the Advisory Committee to explain Cardiff County Council’s policy regarding the effect of high buildings on wind flows within Cardiff Bay.

 

A reply had been received indicating that it was not the policy of the Planning Section to attend other people’s meetings of this nature.  The officer concerned had indicated he was willing to meet with representatives of the Committee during normal working hours to discuss development control issues.  The reply had also pointed out that the “Bay Pointe” application had now been amended.  The application now sought an increase in the number of plannings from the approved 1127 to 1800, rather than the originally proposed 2400, and the three tall buildings had been replaced by two lower buildings. 

 

Furthermore, a Wind Micro Climate Desk Study had been submitted and was available for inspection, or could be obtained from Savilles Planning Consultancy. 

 

AGREED – T H A T a copy of the Wind Micro Climate Desk Study be requested.

 

 

 

(d)       Cardiff Harbour Authority Report -

 

The following report was received from Mr. Simon Howell:

 

Barrage

Dredging of the Outer Harbour had been completed in March when 61,000 cubic metres of silt were removed to maintain the access channel into the Bay.

The fishpass was on schedule to be opened following annual maintenance.  Part of the maintenance included the removal of zebra mussels that had accumulated.  Sensitive operational areas had been painted with anti-foul paint and this had reduced the mussel population by approximately 50%.  The painting had been extended this year with the consent of the Environment Agency.

The next phase of hydraulic control works were being undertaken on the sluices.  This work would be completed in September with a complete new system introduced that allowed improved reliability and spares availability. Lighting was being introduced to public footpath areas close to the sluices and the bascule bridges.  This work was in anticipation of 24 hour access to the Barrage in the future.

Minor repair works were taking place on the road to the embankment where there had been settlement of two small areas of tarmac.

A second piece of Public Art was being designed for the Barrage, scheduled to be in place for the summer.  The last piece " Three Ellipses for Three Locks" had received international recognition with articles on it being found in the Public Art Review an American based magazine; the BBC website and a recent issue of the Guardian.

Operationally, extreme tides and winds had occurred.  Throughout this period the Bay level was managed to a level of 5.00 AOD or lower.

Harbour

Additional piles had recently been introduced to the Pontoons at Mermaid Quay to increase stability.

The water bus trials carried out on the high speed low wash vessel were being reviewed following operation at agreed increased speeds for a number of weeks.  Some concerns had been received from other users of the water, particularly rowers and a meeting had been arranged affording an opportunity for skippers of the water bus to experience rowing with the water bus passing and for rowers to board the water bus.  Various speeds would be used and a further examination of impact of wash assessed. This arrangement was still a trial and no decision had yet been made on permanent travel at increased speed on the River Taff.

Environment

There had been no water quality issues since the last meeting of the Advisory Committee with the oxygen levels in the bay remaining well above the statutory minimum level and no algae blooms experienced as expected at this time of the year.

The maintenance track in the Cardiff Bay Wetlands had been extended.  Habitat areas within the Reserve had also been improved.

A new pond-dipping area (for use by school children visiting the Bay under the Baywatch initiative) had been provided at the side of the inlet adjacent to Cardiff Yacht Club

The Bay’s water quality monitoring system was in the process of being upgraded to improve reliability, data storage and accessibility. 

Following stakeholder consultation, the Cardiff Bay Fishing Strategy had been updated and was due to be considered by the Executive early April 2008 prior to implementation.

General

 

The Harbour Authority was currently working with Cardiff Bay Yacht Club to relocate their moorings from the area required for the olympic slalom / canoe course. This project had been supported by the Council through a financial allocation of £3.4M and final approval from WAG would enable the scheme to commence this summer.

 

The temporary link between the Inner Harbour and the Barrage was nearing completion but could not be opened until the fence between ABP and the Welsh Assembly development land was erected. The programme for this was not yet fixed but it was expected that this would be available later this summer.

 

 

(e)       Environment Agency Progress Report –

 

Mr. J. Harrison from the Environment Agency provided the following update:

 

Water Quality

 

A new software package was being developed which would allow public access to water quality monitoring data.

 

Zebra Mussels

 

A reduction in levels had been achieved by a combination of chemical and mechanical means.  Sustainable solutions were still being explored.  Close monitoring by all parties was still required.

 

 

(f)         South East Wales Rivers Trust –

 

The Committee received a presentation from Mr. Tony Rees, MBE on the work of the Trust.

 

Mr. Rees indicated that the Trust, which had been launched on 23^rd January, 2008, was already receiving a good level of support.  It was one of seven such Trusts in Wales, with more anticipated.  To date, Trusts had been mainly formed by angling associations. 

 

The need to work with partners and other stakeholders had already been recognised.  A scoping meeting had been held in December 2007.  Whilst many improvements in river maintenance had been made, Mr. Rees indicated there was still much work to do regarding, for example, litter related issues. 

He indicated his hope that the Trust would be involved in the development of the Ely River Action Plan.  The hope was that the Trust would become a charity and develop strong links with local communities and schools.  He felt that the Trust would, in time, become better placed than individual organisations to access funding sources. 

 

Gareth Edwards had agreed to become president of the Trust.  It was hoped that funding from the European Social Fund could be obtained by the end of 2008.  Mr. Rees also hoped that it might be possible to utilise the experience of the Environment Agency in accessing European funding.  Other sources of funding would also be explored.  Many community organisations had already indicated their wish to assist with the work of the Trust.

 

Mr. Rees referred to a number of schools within the Vale of Glamorgan as already becoming involved in initiatives.

 

J. Harrison referred to the success of Trusts which had been established elsewhere particularly, in terms of achieving practical works and creating networks.  He considered them to be a good source of ‘intelligence’ and felt that existing efforts to increase sustainability would be enhanced by the creation of the Trust. 

 

 

(g)       Pont y Werin Bridge –

 

Councillor M.R Wilson referred to the Vale of Glamorgan Council as recently having agreed to commit £200,000 towards the Pont y Werin Bridge project.  The Council had also agreed to urge the Cardiff Harbour Authority to reconsider its commitment to the project with a view to allocating additional funds.  He alluded to a sum of approximately £1 million allocated for the Penarth Headland/Walkway Scheme which had not been used. 

 

Councillor N. Howells indicated that a recent decision had been taken by Cardiff County Council to utilise the money previously allocated towards the walkway towards the cost of the olympic canoe/slalom course. 

 

Mr. S. Howell indicated that the Pont y Werin scheme was not a Harbour Authority project and stated his understanding that resources had currently been identified as follows:

 

Connect 2 - £1.15 million

Cardiff Council - £1.3 million

Cardiff Harbour Authority - £250,000

Vale of Glamorgan Council - £200,000.

 

Councillor N. Howells indicated that the commitment by Cardiff Council to provide £1.3 million over a two year period was based on the Vale of Glamorgan Council committing an equivalent amount.

 

Responding to comments made by Councillor M.R Wilson regarding design issues, Mr. S. Howell indicated that should the project proceed, the intention would be for a design and build contract to be invited. 

 

AGREED – T H A T Mr. D. Lane be invited to give a presentation on the project to the next meeting.

 

 

(h)       Cardiff Executive Meeting Reports – For information

 

AGREED – T H A T the contents of the following reports of the Cardiff Executive be noted:

 

(i)         International Sports Village – 6^th March, 2008

(ii)        Proposed disposal of land adjacent to the River Ely, Cardiff Bay –

6^th March, 2008.

 

(i)         Date of Next Meeting –

 

J. Wyatt reminded Members that the next meeting was scheduled to take place on 25^th May, 2008 and that it would also constitute the Annual Meeting between the Advisory Committee and the Cardiff Council Executive (Harbour Authority).

 

_________________

 

RESOLVED - T H A T the minutes be noted.

 

 

C3496                        CABINET FORWARD WORK PROGRAMME MAY - JULY 2008 (CX) (SCRUTINY - CORPORATE RESOURCES) -

 

The report highlighted the Forward Work Programme for the Cabinet for the period May to July 2008 and detailed the reports that had yet to be received from the previous Work Programme covering January to April 2008.  Appendix A to the report detailed the Forward Work Programme which set out matters which the Executive and Full Council would be likely to consider during May to July 2008.  Appendix B highlighted reports that had not been submitted to Cabinet from the previous Forward Work Programme with the reasons for non-submission being supplied by officers.  Appendix C to the report was a summary on the previous Forward Work Programme.

 

It was noted that future Work Programmes would be prepared to cover periods of four months and would be updated quarterly on a rolling basis to maximise the opportunity for consultation and dialogue.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the Forward Work Programme for the period May to July 2008, together with the publication of details of availability of the programme be noted.

 

(2)       T H A T the reasons supplied by officers for the non-submission of the items from the previous Forward Work Programme January to April 2008 be noted.

 

Reasons for decisions

 

(1)&(2)   To comply with the requirements of the Local Government Act 2000, subordinate legislation and the Council’s Constitution.

 

 

C3497                        RACE EQUALITY SCHEME 2008-2011 (CX) (SCRUTINY - CORPORATE RESOURCES) -

 

The report sought agreement of the revised Race Equality Scheme for the Council.  Attached at Appendix 1 was a copy of the approved scheme which it was noted officers had already began to implement some aspects of the work programme.  The report highlighted that the General Duty for race was set out in the Race Relations (Amendment) Act 2000 which required a listed public authority to have due regard to the need to:

 

·        Eliminate unlawful discrimination

·        Promote equality of opportunity and good relations between persons of different racial groups.

 

The Council’s first Race Equality Scheme had been produced in 2005 with details of progress to date being included in the revised scheme, together with any outstanding actions.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the revised Race Equality Scheme be endorsed.

 

Reason for decision

 

In order to provide equal access to services for citizens in the Vale of Glamorgan and to ensure fairness in employment practices.

 

 

C3498                        EXTERNAL FUNDING APPLICATIONS (CX) (SCRUTINY - ECONOMY AND ENVIRONMENT & COMMUNITY WELLBEING AND SAFETY) -

 

Cabinet approval was sought to submit external funding applications and accept a Justice Youth Board grant to maximise the amount of external resources to deliver agreed corporate objectives.  The report stated that it was the intention to capitalise on the regeneration of the Holton Road shopping area and refurbishment of the Town Hall / Kings Square through a further phase of artwork to reinforce the central role and civic pride of the town centre.  In relation to the Justice Youth Board, the Board provided an annual grant to support the Youth Offending Team in delivering its core activities in the Vale of Glamorgan, aimed to ensure the delivery of an effective service.  To this end, a grant of £97,430 was available for 2008/09 with the core activities to include victim support, reparation work and community penalties.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the submission of applications to the Department for the Economy and Transport, Welsh Assembly Government and Arts Council for Wales in respect of public lighting artwork for King Square/Town Hall be approved.

 

(2)       T H A T the offer of a Justice Youth Board grant of £97,430 to support the delivery of Youth Offending Team activities for the financial year 2008/09 be accepted.

 

Reasons for decisions

 

(1)       To maximise resources available to the Council to support the regeneration of the Holton Road shopping area and delivery of the Barry Town Centre: Public Art Strategy.

 

(2)       To maximise external resources to reduce youth offending and provide community penalties (a statutory service).

 

 

C3499                        BARRY WATERFRONT: MARINA DEVELOPMENT (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

The report advised Cabinet of the content of the recent consultancy study that had been undertaken regarding options for development of a Marina at Barry.  Agreement was also sought to discuss development options with the Welsh Assembly Government, Associated British Ports and the Barry Waterfront Consortium.

 

Hyder Consulting had been appointed in February 2007  with grant support from the Welsh Assembly Governments Catching the Wave scheme to produce a report in accordance with a detailed brief.  The report recommended two options be taken forward for consideration and development as the other four options did not provide solutions in the longer term and would result in restricted access.  The advice provided was Option 2  for a new 80 foot lock inside the No. 3  Dock or  Option 3A for a new 12m sector gate in a new position just outside the No. 3 Dock entrance be taken forward. In terms of cost Option 2 was estimated at £15.74m. whereas Option 3A would cost £16.46m.  In addition, it was estimated that the Marina basin development would cost a further £7.5m.  Appendix B to the report summarised Hyder’s Options.  Members were advised at the meeting that there were other users of the water i.e. the Sea Cadets, that should also be consulted for their views.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T Options 2 and 3A of the report be accepted as the preferred methods of achieving lock access to the No. 1 Dock in Barry as part of a Marina development.

 

(2)       T H A T the Director of Environmental and Economic Regeneration be granted approval to enter into discussion with the Welsh Assembly Government, Associated British Ports and the Barry Waterfront Consortium to agree funding to bring forward a Marina development at Barry.

 

(3)       T H A T a further report be presented to Cabinet indicating the funding and implementation options available.

 

(4)       T H A T the Sea Cadets and other regular users of the water be consulted for their views on the proposals and that any view expressed be forwarded to WAG and the developers.

 

Reasons for decisions

 

(1)       To clarify which of the options presented in the study were preferred.

 

(2)       To give authority for further discussions with the probable funding partners in order that funding mechanism and implementation options can be considered.

 

(3)       To inform Members of the implications of the funding and implementation options when these were known.

 

(4)       In order that a full consultation can be ensured.

 

 

C3500                        ASSET RENEWAL BUILDING PROGRAMME (DFICTP) (SCRUTINY - CORPORATE RESOURCES) -

 

The proposed Asset Renewal Building Programme was attached at Appendix A to the report and Cabinet approval was sought for schemes to be funded from the Council’s Asset Renewal budgets and the 2008/09 Schools Building Improvement Grant.

 

The prioritised list of schemes had been drawn up by officers in the Property Section in consultation with various departments and the Schools Asset Management Group and also by adopting the following criteria and processes:

 

·        Extracting from completed Property Condition Surveys works that had been identified as high priority status;

·        Utilising an existing backlog list of priorities schemes which had been reviewed and updated throughout the year;

·        Feedback from regular meetings between officers from both Property and Building Services Sections who had first hand knowledge of many of the properties;

·        Feedback from building users who had identified areas of concern and utilising information collated by Education;

·        Capital bids received from officers during the 2008/09 capital bidding round.

 

The report also highlighted that included in the Schools Asset Renewal Programme was a necessary £75k. contribution to the Rhws Primary School development and it was requested that the sum be transferred from the Schools Asset Renewal budget to the existing Rhws Primary School Development budget.

 

This was a matter for Executive decision.

 

Having considered the report, Cabinet

 

RESOLVED -

 

(1)       T H A T the schemes to be funded from the Asset Renewal budget and School Buildings Improvement grant as detailed in Appendix A to the report be approved.

 

(2)       T H A T a transfer of £75k. be made from the Schools Asset Renewal budget into the Rhws Primary School Development budget.

 

Reasons for decisions

 

(1)       To set the programme and enable the procurement process to proceed.

 

(2)       To enable the Rhws Primary School scheme to proceed.

 

 

C3501                        DRAFT CHILDREN AND YOUNG PEOPLE’S PLAN (DLD) (REF) (SCRUTINY - LIFELONG LEARNING) -

 

The purpose of the report was to update the Cabinet on the arrangements for developing the Children and Young People’s Plan.  The Plan had also been referred to the Scrutiny Committee (Community Wellbeing and Safety), who had made the following recommendations to Cabinet at its meeting on 14^th April, 2008:

 

·        T H A T the officers involved in preparing the draft Children and Young People’s Plan be congratulated on the document and for all their hard work in its development.

 

·        T H A T Cabinet be requested to make representations to WAG via the WLGA to ensure that adequate resources are made available in order that the requirements of the Plan can be effectively implemented.

 

Cabinet had, on 5^th March 2008, received a report which had outlined the Council’s obligations to produce a plan for children and young people.  Copies of the draft Plan had also been provided in the Party Group Rooms and was available on the Council’s StaffNet.  The Council had a statutory obligation to ensure that key partners were consulted and the Plan would be referred to relevant partnerships and to the Local Service Board for consideration before it was submitted to the Council for approval.  The obligation for concluding the Plan rested with the Council and the Welsh Assembly Government although a consultee, did not have the powers to approve or reject the document.  The Corporate Management Team had concluded that the document offered a helpful strategic framework which clearly benefited from the impact of external partners and agencies.  However, the document would need to be refined by:

 

·        An introduction which had clearly positioned the Plan in relation to other strategic documents including the Community Strategy

·        Editing core aims sections to ensure consistency and avoid duplication

·        The production of a clear action plan with deliverable outcomes and resource implications detailed

·        Prioritising outcomes which were deliverable within the timeframe of the Plan (i.e. by 2011)

·        Ensuring that as the Action Plan was developed, the priorities and resource implications were considered by the Corporate Management Team.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the recommendations of the Scrutiny Committee as detailed below be accepted:

 

·        T H A T the officers involved in preparing the draft Children and Young People’s Plan be congratulated on the document and for all their hard work in its development.

 

·        T H A T Cabinet be requested to make representations to WAG via the WLGA to ensure that adequate resources are made available in order that the requirements of the Plan can be effectively implemented.

 

(2)       T H A T the progress achieved in developing the draft Plan for Children and Young People be noted.

 

(3)       T H A T the draft Plan be referred to the Scrutiny Committee (Lifelong Learning) for consideration.

 

(4)       T H A T the Director of Learning and Development report back to Cabinet on the progress of the consultations.

 

(5)       T H A T the Director of Learning and Development include briefings on the draft Plan as part of the induction process for Members following the elections on 1^st May 2008.

 

Reasons for decisions

 

(1)       To progress the issue and seek adequate resources.

 

(2)       To update Cabinet.

 

(3)       To seek Scrutiny Committee views.

 

(4)       To brief Cabinet on consultation responses.

 

(5)       To ensure newly elected Members are briefed.

 

C3502                        FOUNDATION PHASE (DLD) (SCRUTINY - LIFELONG LEARNING) -

 

A new curriculum had been introduced by the National Assembly for 3-7 year olds which was known as the Foundation Phase and represented the amalgamation of the curriculum for children pre-compulsory school age,  Desirable Outcomes and the Key Stage 1 National Curriculum.  The new curriculum would focus on learning through play, active involvement, speaking and listening and an emphasis on skill development.  Its introduction had been as a result of careful consideration of research evidence, much of it international, which had highlighted that the early introduction of formal teaching could result in some children under achieving and attaining lower standards.  The new curriculum would require a shift to learning for understanding as opposed to the transfer of knowledge. 

 

The introduction of the new approach to learning had major implications for the training of teachers and Learning Support Assistants.  A National 5 day training pack had been produced to be delivered locally and training within the Vale of Glamorgan Council had commenced in the Spring term.  To deliver the Foundation Phase, schools would be required to staff nursery and reception classes on a ration of 1:8 and Years 1 and 2 on a ratio of 1:15.  The increase in staffing ratios for some schools would have implications in terms of the adequacy of early years facilities and in recruitment.  Clarification was still awaited from the Welsh Assembly Government as to what funding would be made available to help authorities undertake the necessary building works.

 

The report also highlighted that schools were concerned that funding of the Foundation Phase was inadequate and whilst they were highly supportive of the initiative in terms of the educational benefits, the schools strongly believed that the Foundation Phase could not succeed without adequate funding.  Unless additional funding requirements were met in full, the initiative would place a financially unviable burden on schools the Education Service and the Council has a whole.  At a meeting on 10^th April, 2008, Primary Headteachers in the Vale of Glamorgan had unanimously decided not to implement the Foundation Phase unless it was adequately resourced from the beginning.  The Headteachers had asked the Education Service for support in this respect and legal advice on the options available to the Council being sought.  Headteacher representatives had asked Cabinet to be advised that their position was not that they would not implement the Foundation Phase curriculum, but that they could not implement without the necessary resources.

 

The Director advised that the position was not unique to the Vale.  Pilot schemes had been undertaken by the Vale and other local authorities in Wales which had received a good response but it was clear from the feedback received that there would not be sufficient funding to implement the initiative in all schools in a way which replicated the success of the pilot schemes.  A meeting had been held on 21^st April with a series of groups of authorities who had reiterated the same concerns.  The Welsh Assembly government had set up a special implementation task group, to include local authority and Headteacher representatives.  That group would be meeting on 6^th May following which further advice would be provided.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the serious funding concerns relating to the implementation of the Foundation Phase be noted.

 

(2)       T H A T the Welsh Assembly Government be advised that schools in the Vale of Glamorgan are unable to implement fully the Foundation Phase without adequate funding.

 

(3)       T H A T a further update report be presented to Cabinet by the Director of Learning and Development in due course.

 

Reasons for decisions

 

(1)       To brief Members.

 

(2)       To seek a Welsh Assembly Government commitment to fully fund the initiative.

 

(3)       To brief Members.

 

 

C3503                        NUT INDUSTRIAL ACTION - 24^TH APRIL, 2008 (DLD) (SCRUTINY - LIFELONG LEARNING) -

 

Cabinet had, on 2^nd April, 2008, received a report which explained the decision of the NUT to call its members to take strike action on 24^th April, 2008.  Cabinet had also requested that schools be provided with advice on the measures they should take in advance of the proposed day of action.  This was to include identifying the staff who would or would not attend in order that a decision could be made regarding school opening.  Members of Cabinet had been supplied with the details of the schools that would be closed, partially closed or open on the day.  The Council’s website had also been updated with the information and all services and all parents had been advised accordingly.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the impact of Industrial Action be noted.

 

Reason for decision

 

To apprise Members.

 

C3504                        INTERIM HOUSING INVESTMENT PROGRAMME 2008/09 (DLPPHS) (SCRUTINY - COMMUNITY WELLBEING AND SAFETY & CORPORATE RESOURCES) -

 

Permission was sought from Cabinet to waive contract standing orders and appoint Savills to undertake circa 625 WHQS whole house surveys and to train Vale of Glamorgan staff to undertake future whole house surveys.  The report also advised Cabinet of the changes to the Interim Housing Investment Programme for 1^st April, 2008 to 31^st March, 2009.  Savills had initially been appointed by the Council in 2006 to undertake a 10% sample survey of the Council’s housing stock, to assess the costs required to meet the Wales Housing Quality Standards by 2014/15 and to maintain the stock at WHQS over the thirty year Housing Revenue Account Business Plan.  The work had to date, been completed.  Savills had a sector reputation for excellence in stock surveying and were currently employed by most local authorities / large scale voluntary transfer organisations in Wales.  Under normal circumstances the tender process would be followed.  However, Savills could provide recent examples of success in winning competitive tenders for whole house survey work and could demonstrate that their rates were competitive.  The request to relax the Council’s normal tendering requirements was one of expediency given that the forward programme needed to be designed, consulted upon and specified in advance of contractor(s) starting on site in April 2009. 

The cost of employing Savills to undertake circa 625 whole house surveys would be £131,250 which amounted to £210 per property including asbestos surveys.  It was noted that the total appointment costs fell below the European tendering thresholds.  Training of Building Services staff was estimated at £10,000 thus meaning the total appointment costs of the contract would be below the £144,000 European threshold.  The report had referred to a figure of £140,000 but Cabinet was advised the figure was £144,000.

 

In respect of changes to the Interim Housing Investment Programme, the report highlighted that amendments to the original programme had been made within the current financial year under delegated authority.  These changes being as follows:

 

·        Gwenog Court - walk in showers.  Decision to defer the work to enable more detailed tenant consultation.  £76k. vired into other works;

·        Showhomes - decision to vire £200k. budget due to the fact that difficulties had been experienced in identifying suitable properties to use as showhomes;

·        Energy Efficiency (HEES) and Energy Efficiency Scottish Power - budget reduced by £100k. to better reflect the level of take up.

·        Flat Roofs - a projected underspend of £600k. had been vired to other schemes (as at October 2007).

 

The Project Team had also agreed that the 2008/09 expenditure towards bathroom and kitchen replacements would be deferred until the main programme of works commenced in 2009.  This was to enable tenant participation into design and quality standards along with the potential to make supply savings through bulk purchase arrangements.

 

It was envisaged that by the commencement of the main programme in April 2009, all properties scheduled for works in 2009/10 would be subject to a whole house WHQS survey with works identified and programmed to satisfy the requirements of the WHQS.  However, for the remainder of the interim programme, this was not considered a feasible approach and attached at Appendix 1 to the report, was a revised Housing Investment Programme 2007/08 and 2008/09.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T Contract Standing Orders be waived and Savills be appointed to undertake circa 625 WHQS whole house surveys and to train Council officers to undertake future surveys.

 

(2)       T H A T the changes to the Interim Housing Investment Programme 1^st April, 2008 to 31^st March, 2009 be noted.

 

(3)       T H A T all staff be thanked for the hard work that had been undertaken in the development of the programme.

 

Reasons for decisions

 

(1)&(2)      To enable the Council to work towards meetings its WHQS requirements.

 

(3)             To ensure staff were congratulated accordingly.

 

 

C3505            SOCIAL SERVICES BUDGET 2008/2009 (DSS) (SCRUTINY - COMMUNITY WELLBEING AND SAFETY) -

 

Cabinet’s endorsement was sought on the proposals to balance the Social Services budget in 2008/09.  In the financial year 2006/07 there had been a £3.8m. overspend on the budget for Social Services.  In June 2007, Cabinet had agreed a Change Plan intended to transform Social Services and also a package of corporate support for the new Directorate.  Stringent budget monitoring had underpinned delivery of the plan and when it had become apparent that some of the savings required in 2007/08 could not be realised, a revised plan was agreed by Cabinet in January 2008.  In the Budget Action Plan approved in July 2007, the proposals for 2008/09 and 2009/10 had been indicative and subject to review at an appropriate time.  Appendix A to the report detailed the original proposals.  Appendix B provided details of ongoing work within the Directorate to improve resource management and attached at Appendix C provided details on the use of the framework that had been used to deliver the revised Action Plan in January 2008 which had helped to ensure a systematic approach and careful consideration of all options.  Appendix D to the report detailed the Action Plan which identified savings of £2.52m.  In order to stay within the budget allocation for 2008/09, the Social Services Directorate had to identify efficiencies although it was noted that given the increasing demand for Social Care Services (arising from demographic pressures, changes in services such as health etc.) that the level of saving may not be sufficient to ensure a balanced budget in 2008/09.

 

In drawing up the amended proposals, all areas of the budget had been considered and the details were listed under the following categories:

 

·        supplementary funding;

·        increasing income generation;

·        efficiency improvements; and

·        service reconfiguration.

 

Supplementary funding

 

The service had been notified that some new grants were being made available to the Council 2008/2009 for improving social care. Together with a review of existing grant streams, the Directorate would ensure that the use of these funding streams was maximised to offset current revenue expenditure and spending pressures, in ways that would meet the grant conditions as determined by the Welsh Assembly Government.

The Council had implemented the Fairer Charging Policy in line with Welsh Assembly Government guidance.  This had outlined how service users could be financially assessed to contribute towards the cost of the community care packages they received.  The Council was in receipt of a grant to offset the subsequent loss of income and this had not been reflected in the accounts.

Increasing income generation

 

Improvements to administrative processes were increasing the level of income that was raised from charging for services.  The full amount of the increase had not been reflected as yet within the budget for 2008/2009.

Improve efficiencies

 

The Council commissioned a range of services from the voluntary sector.  Staff would continue work started in 2007/2008 to review all funding arrangements and ensure that they represented value for money, supply the right type of services to support the work of the Directorates and make best use of the contribution that the voluntary sector was uniquely placed to provide.

There was currently a vacancy factor of 3.2 per cent in the budget for 2008/2009.  It was proposed to increase this to 5 per cent, pending a review of staffing structures by all Operational Managers for their service area.  The new structures would have to be contained within the staffing budget available.

The new contract for the Supported Housing service started part way through 2007/2008 and this was reflected in the budget for that financial year.  The figure for 2008/2009 represented the further savings to be made for the full year.

Cabinet had approved the new interim management structure for social services in January 2008 and there were budget savings that would result from that restructuring.

The restructuring would produce significant changes to the work of the Business Planning and Innovation Division.  A further review of the division would be undertaken in 2008/2009 and this was intended to produce service efficiencies.

The in-house home care service was to be reconfigured.  Savings represented the efficiencies that could be achieved through the relocation of the service and the rationalisation of the management structure which could be achieved because of the moves.

In setting the budget for the Youth Offending Service, the same level of efficiency savings as the rest of the Social Services Directorate would be required and responsibility for the budget would transfer to the Chief Executive from 1^st April this year.

 

Service reconfiguration

 

Further savings could be achieved by means of reviewing children’s placements to ensure they met the needs of the individual children and by contracting with providers to ensure that costs of external placements represented value for money.

All community care packages provided through the Learning Disability Service would be reviewed to ensure that services were provided in accordance with the eligibility criteria, in a cost effective manner and promote independence through increasing local opportunities for education, training and employment.

It was anticipated that the use of services such as reablement and telecare would reduce the numbers of older people who required residential care because of frailty.  However, the demand for services for older people who had mental health problems such as dementia continued to grow.  There was a need to review current services to deal with this changing balance.

All community care services would be reviewed to ensure that they met service user needs and that the Council provided for these needs in the most enabling and cost effective way.  The work would include offering Direct Payments to more clients, promoting the number of applications for Independent Living Fund and ensuring that the Health Service meets appropriate costs through Continuing Health Care Funding.  The use of the brokerage service had improved the commissioning of domiciliary services within Community Care and Health.  It was proposed that the service was extended to include the procurement of day care and care home provision to improve efficiencies for these services.

The Directorate was a direct provider and commissioner of day care services for adults in the community.  All these services would be subject to review in the financial year.  Members welcomed the concise and clear detail within the report.

This was a matter for Executive decision.

 

Cabinet having considered the report,

 

RESOLVED -

 

(1)       T H A T the proposals for budget efficiencies outlined in the report be endorsed.

 

(2)       T H A T delegated authority be granted to the Director of Social Services to take forward actions within the budget strategy.

 

(3)       T H A T the Director of Social Services submits further reports in the areas requiring Executive decisions to future meetings.

 

(4)       T H A T the additional measures for budget monitoring in respect of the Social Services Directorate continue.

 

Reasons for decisions

 

(1)       In order to stay within the budget allocation for 2008/09, the Social Services Directorate must identify efficiencies of £2m. and absorb pressures from rising demands for services.

 

(2)       Actions within the budget strategy for the Directorate need to be taken forward quickly if savings are to be realised in the current financial year.

 

(3)       There are policy implications within some of the proposals.

 

(4)       Delivering the budget strategy represented a significant challenge for the Directorate and stringent budget monitoring had underpinned delivery of the actions to date.

 

 

C3506                        DIRECT PAYMENTS REVIEW (DSS) (SCRUTINY - COMMUNITY WELLBEING AND SAFETY) -

 

Direct Payments allowed authorities to give people money to arrange their own services as an alternative to having services arranged by the Local Authority.  The report updated Members on the current status of the Council’s Direct Payments (DP) Scheme and made proposals in respect of the DP Development Officer post and the contract for DP support.

 

The report noted that from the Council’s experience and together with evidence from the other Welsh Authorities, it had been suggested that the most successful schemes were also by authorities employing a dedicated DP Officer.  It had been noted that in the last four years since employing a DP Officer, the Council had quadrupled the uptake of the scheme.  Cabinet had approved the temporary post of a DP Officer in May 2004 and if the post was to be made permanent, the job description would include a target to increase the numbers accessing the scheme from 80 to 100 over the next two years.  Cabinet had also agreed the use of a DP support organisation, namely, the Rowan Organisation as a result of a tendering exercise.  The contract was now nearing the end of its term and the employment of a support organisation independent of the Council was both recommended by WAG and recognised as good practice.

 

The Welsh Assembly Government had also recently issued a report of the survey of DPs across Wales together with a letter recommending a review of the Council’s scheme.  A copy of the report had been placed in the Members’ Room at the Civic Offices.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the DP Development Officer temporary post be confirmed as permanent.

 

(2)       T H A T the Director of Social Services in consultation with the Director of Finance, ICT and Property Services, be granted delegated authority to re-tender and award a contract (for up to 5 years) to an organisation able to provide appropriate support to current and potential users of the scheme.

 

(3)       T H A T efforts continue to expand the scheme beyond current levels.

 

(4)       T H A T the outcome of a survey conducted by WAG regarding the implementation of current Direct Payments schemes in Wales be noted.

 

Reasons for decisions

 

(1)       To provide a consistent approach to the provision of direct payments and a secure basis for expanding current provision.

 

(2)       To provide high quality support for eligible people wishing to access direct payments and consistent support to those already using the service.

 

(3)       To enable the Council to continue providing a key service to its vulnerable residents in a cost-effective manner.

 

(4)       To comply with recommendations in the report recently issued by the Welsh Assembly Government.

 

C3507                        FLYING START SERVICE: PROGRESS SEPTEMBER 2007 TO MARCH 2008 (DSS) (SCRUTINY - COMMUNITY WELLBEING AND SAFETY) -

 

The report provided the Cabinet with an update on progress with Flying Start within the last six months.  Flying Start was a specific grant to local authorities to fund services that made a difference to the life chances of children who were under 4 years of age within a specific geographical area.  Flying Start had four main service elements:

 

·        Health

·        Childcare for 2 year olds

·        Parenting

·        Basic skills and play.

 

Within the Flying Start programme within the Vale,  by 2005 570 children had been supported.  However, as a result of an increase in the number of births in the area, the figure had increased to 694  residents and a robust stance would be taken in discussions with the Welsh Assembly Government regarding the implications of the rise in demand.  A range of outcome measures were also being used to evaluate Flying Start.  The main local outcome measure for Flying Start was a reduction in the number of looked after children.  Half of the children currently looked after by the Council were originally from the three Wards which included the Flying Start area.  The target was to reduce the number of looked after children (age 0 - 3 years) in the Flying Start Ward by 10% within three years.  On 31^st March, 2007, there were fourteen looked after children whose home addresses prior to admission were in one of the Flying Start Wards and were aged 0 - 3 years.  The corresponding number for 31^st March, 2008 had not yet been validated.  The Vale Flying Start was overseen by a Management Board whose membership included Social Services, Education Services, the LHB and the NHS Trust.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the progress made in implementing Flying Start be noted.

 

Reason for decision

 

To update Members.

 

 

C3508                        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.

 

C3509                        JENNER PARK PRIMARY USERS 2008/09 (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) (EXEMPT INFORMATION - PARAGRAPHS 12,13,14 AND 16) -

 

The purpose of the report was to confirm the appointment of primary users for Jenner Park for season 2008/09.  Cabinet had agreed in May 2007, (Minute No. C3039(5)) that the process for selecting primary users at Jenner Park be repeated again for the 2008/09 season.  The report highlighted that the process had been repeated and only two bids had been received.  The highest bid from Barry Football Club and the other bid from Barry Town AFC.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T Barry Football Club be appointed as the primary user at Jenner Park for season 2008/09.

 

(2)       T H A T Barry Town AFC Ltd. be appointed as the second primary user at Jenner Park for season 2008/09, subject to the continuing discharge of outstanding arrears.

 

(3)       T H A T both Clubs be subject to agreeing such terms and conditions as deemed appropriate by the Director of Legal, Public Protection and Housing Services in conjunction with the Director of Environmental and Economic Regeneration and the Director of Finance, ICT and Property.

 

(4)       T H A T the Director of Environmental and Economic Regeneration in agreement with the Leader and Cabinet Member for Tourism and Leisure, be granted delegated powers to accept other bookings for the 2008/09 season at Jenner Park upon such terms and conditions as the said Director deemed appropriate.

 

(5)       T H A T the process for selecting primary users for Jenner Park be repeated for season 2009/10 with bids again being reported to Cabinet for consideration.

 

(6)       T H A T a minimum bid price of no less than £250 be set for selecting primary users for season 2009/10.

 

(7)       T H A T as primary user of Jenner Park, no games of Barry Football Club be allowed to be called off in favour of Barry Town AFC Ltd.

 

(8)       T H A T a letter be forwarded to the Football Association of Wales (FAW) advising of the Cabinet decision of resolution (7) above.

 

Reasons for decisions

 

(1)-(6) To make the best use of Council assets and safeguard the Council’s position.

 

(7)       To ensure primary users status.

 

(8)       To advise of the Cabinet’s decision.

 

 

C3510                        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 reason shown beneath the minute heading be considered.

 

 

C3511                        QUARELLA STREET MULTI GAMES AREA, BARRY (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) (EXEMPT INFORMATION - PARAGRAPH 16) -

 

Urgent by reason of the need to provide Cabinet with additional advice prior to making a decision

 

The report provided Members with details of recent further legal considerations of the issues relating to the relocation of the multi use games area and Cabinet was also requested to agree the most appropriate way forward in light of the information.  In the original report to Cabinet on 5^th March, 2008, it had been suggested that any legal challenges to the relocation of the facility could be resisted.  The legal issues were reported as complex, involving specialist Trust Law issues.  The recent legal advice received was that the safest legal position would be to agree to the transfer of the facility by negotiation with the Community Association responsible for the Quarella Street facility.

 

Cabinet had on 5^th March authorised the Director of Environmental and Economic Regeneration to remove the facility at Quarella Street and transfer all usable equipment to Dobbins Road, Barry.  A call in of the decision had been considered by the Scrutiny Committee (Economy and Environment) on  8^th April, 2008 who had subsequently recommended:

 

“T H A T Cabinet seek Regulation 3 Planning Application Temporary consent for a multi use games area on the site at Quarella Street and any conditions to the consent be left for the Planning Committee to decide.”

 

This was a matter for Executive decision.

 

Having considered the recommendation of the Scrutiny Committee and the urgent report, it was

 

RESOLVED -

 

(1)       T H A T the recommendation of the Scrutiny Committee be not accepted. 

 

(2)       T H A T the Director of Environmental and Economic Regeneration be authorised to negotiate terms with the Cadoxton Millennium Playground Association for the possible relocation of equipment comprising the multi use games area in Quarella Street to an alternative location in Dobbins Road, Barry.

 

(3)       T H A T should negotiations prove successful, the Director of Environmental and Economic Regeneration be granted authority to relocate the facility in line with the previous recommendations of Cabinet of 5^th March, 2008.

 

(4)       T H A T should the negotiations prove unsuccessful, the Director of Environmental and Economic Regeneration provide a further report on the available options for the future of the Quarella Street facility.

 

Reasons for decisions

 

(1)       To apprise members

 

(2)       To obtain the agreement of the Association for any relocation of the games area.

 

(3)       To permit the games area to be relocated without any further resolutions of Cabinet.

 

(4)       To advise Members of available options for the future of the Quarella Street open space should negotiations prove unsuccessful.

 

 

C3512                        CALL-IN - COWBRIDGE LEISURE CENTRE ACCESS (DFICTP) (EXEMPT INFORMATION - PARAGRAPH 14) -

 

Urgent by reason of the need to progress the matter prior to the end of this Council

 

The Scrutiny Committee (Corporate Resources) had considered the matter as a call-in request at its meeting on 22^nd April, 2008.  Cabinet had, under Minute No. C3461, resolved:

 

“(1)      T H A T the right of access and associated drainage easement be granted.

 

(2)       T H A T the Director of Finance, ICT and Property be authorised to agree and settle the terms and conditions of the grant and to accept the negotiated fee therefore.

 

(3)       T H A T the Director of Legal, Public Protection and Housing Services be authorised to prepare, complete and execute any necessary legal documentation required.”

 

The call-in had been requested to obtain essential information, for example, such as how much the open market value of granted access was worth, the extent and total value of the development, the impact on existing Council owned land and property and an examination of the Stokes - Cambridge Rule and whether the Section 123 requirement had satisfactorily been met.

 

The Scrutiny Committee “recommended that Cabinet be requested to seek to ensure that the Council’s interests are protected in respect of the utilisation of the access from the proposed Health Centre for the future development of land outside the proposal under consideration.”

 

Having considered the reference and the recommendation of the Scrutiny Committee, Cabinet

 

RESOLVED -

 

(1)       T H A T the Scrutiny Committee’s reference be noted.

 

(2)       T H A T Cabinet’s decision of 2^nd April, 2008, be reaffirmed that the right of access and associated drainage easement be granted.

 

(3)       T H A T the Director of Finance, ICT and Property be authorised to agree and settle the terms and conditions of the grant and to accept the negotiated fee thereof in order to ensure that the interests of the Authority are fully considered.

 

(4)       T H A T the Director of Legal, Public Protection and Housing Services be authorised to prepare, complete and execute any necessary legal documentation required.

 

Reasons for decisions

 

(1)       To note the recommendation.

 

(2)       To facilitate the provision of the new health facility for Cowbridge and to gain an improved access to leisure.

 

(3)       To enable the transaction to proceed.

 

(4)       To effect the completion of the grant.