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Vale of Glamorgan Council

CABINET

 

Minutes of a meeting held on 24^th June, 2009.

 

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

 

 

C481              APOLOGY FOR ABSENCE -

 

This was received from Councillor A.M. Ernest.

 

 

C482              MINUTES -

 

RESOLVED - T H A T the minutes of the meeting held on 3^rd June, 2009 be approved as a correct record.

 

 

C483              DECLARATIONS OF INTEREST -

 

The following Members declared interests as indicated below and vacated the room during consideration of the matter:

 

Councillor Mrs. J.E. Charles	Agenda Item 19 - Bro Radio - Councillor Charles is a Trustee of Barry YMCA.
Councillor G.A. Cox	Agenda Item 32(i) - Repair of Cowbridge Town Walls - Councillor Cox’s wife is a Trustee of Cowbridge Charter Trust.
Councillor A.D. Hampton	Agenda Item 19 - Bro Radio - Councillor Hampton is a Trustee of Barry YMCA.

 

 

C484              JOINT CONSULTATIVE FORUM -

 

The following minutes of a meeting held on 30^th April 2009 were submitted:

 

Present:Councillor Mrs. J.E. Charles (Chairman); Councillors A.D. Hampton, Mrs. M. Kelly Owen, C.L. Osborne and Mrs. M. Randall.

 

Representatives of the Trade Unions:Mr. P.S. Carter, Mr. P. Duggan, Mr. N. Hart and Mr. G. Moseley (UNISON); Mr. T. Cox (NASUWT); Mr. P. Collins and Mr. R. Phillips (GMB); Mr. N. Patterson (Unite / T&G) and Mr. S. Robertson (Unite / Amicus).

 

 

(a)       Apologies for absence -

 

These were received from Councillors Mrs. M.E.J. Birch and M.R. Wilson; Mr. G. Lewis, Mr. G. Moses and Mr. P. Whitcombe (Trade Union Representatives).

 

           

(b)       Chairman’s Announcement -

 

The Chairman announced that Mr. P.S. Carter had resigned as Vice Chairman of the Forum since he was now Secretary of the Vale of Glamorgan Branch of UNISON.  Mr. Paul Duggan had been elected in his stead.   The Chairman congratulated Mr. Duggan on his appointment.

 

 

(c)        Minutes -

 

The minutes of the meeting held on 23^rd October, 2008, having been accepted as a correct record, discussion ensued on the following two matters arising from those minutes:

 

·                    consultation with Schools Trade Unions on corporate policies

·                    General Teaching Council for Wales (GTCW) fees.

 

As regards the former, the Operational Manager (Human Resources) notified the Forum that the matter had been discussed at the Single Status meeting on 18^th November, 2008 and at a further meeting on 18^th December, 2008 with the NUT and NASUWT Trade Unions.  The matter had been fed back to the Single Status meeting on 13^th January 2009 following which Schools Trade Unions were e-mailed requesting a response as to how they envisaged having input into the consultation on corporate policies and what outcomes they would be expecting.  No response had yet been received.  Mr. Cox indicated that he was not aware of any communication from Human Resources on this matter.  Mr. Cox indicated that the Schools Trade Unions expected consultation to take the format of round table discussions, not e-mail communication.  He further indicated that the Schools Trade Unions required access to discussions on corporate policies which would affect the members of those unions.  He suggested that a meeting should be held to decide on the best process to facilitate full and proper consultation.  The Operational Manager indicated that efforts to comply with that request had already been made but invited Mr. Cox to a further meeting outside that of the Single Status group which would take place the following week.  When Mr. Cox indicated his inability to attend that meeting due to other commitments, the Operational Manager asked him to liaise with either Mr. Carter or Mr. Lewis as to his availability and that efforts would then be made to arrange a meeting on a date suitable to all. 

 

As regards GTCW fees, the Operational Manager indicated that the Council was to make representations to WAG to fund the £12 shortfall, possibly through increasing the teachers’ pay increase.  Mr. Cox responded that WAG had made it very clear that it would not fund the gap.  He referred to this being an equalities issue in terms of the Cabinet decision not to pay the additional GTCW registration fee for each teacher which, he suggested, was not in line with another decision to pay other professional fees for officers within the Council and indicated that the matter was ongoing. 

 

AGREED -

 

(1)       T H A T the minutes of the meeting held on 23^rd October, 2008 be accepted as a correct record.

 

(2)       T H A T the update in respect of consultation with Schools Trade Unions on corporate policies and the position as regards General Teaching Council for Wales fees, together with the comments above in respect of the same, be noted.

 

 

(d)       Feedback on Policy Development -

 

AGREED - T H A T the details 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.

 

 

(e)       Minutes of the Learning and Development Directorate Consultative Group -

 

AGREED - T H A T the minutes of the above Consultative Group held on 29^th January, 2009 be noted.

 

 

(f)         Proposed Timetable of Meetings (DLPPHS) -

 

AGREED - T H A T the following timetable of meetings be agreed for 2009/10, it being noted that each date fell within the school term, was a Thursday, and the time of commencement of each meeting was 10.00 a.m.:

 

            16^th July, 2009

            15^th October, 2009

            14^th January, 2010

            22^nd April, 2010.

 

 

(g)       Items Submitted by the Trade Unions -

 

(i)         Cosmeston Park

 

The issue raised by the GMB related to the length of time taken to consider an issue which had come to light in November 2007, this being that Vale Catering staff at Cosmeston Park and some at Dyffryn had been paid the wrong rates of pay. 

 

A separate issue which was relevant to a specific member of staff at Cosmeston Park was also being considered. 

 

Mr. Phillips, in presenting the issue, read out a statement from Mr. Lewis, Branch Secretary of the GMB, and updated the Forum on recent developments.

 

The Council’s Employment Lawyer informed the Forum that, in respect of the first issue, the matter was being considered via ACAS and that it was hoped it would be fully resolved within the next few weeks.  In respect of the other matter, ACAS had also been instructed and discussions were taking place. 

 

The Operational Manager (Human Resources) accepted that these matters had taken a significant amount of time and confirmed that officers would use their best endeavours to conclude as soon as practicable. 

 

AGREED - T H A T continuing efforts be made to achieve a conclusion to the above issues.

 

 

(ii)        Consultation with Staff Prior to Consultation with the Trade Unions

 

Mr. Hart introduced the above item on behalf of UNISON.  Concerns had been raised in 2006 when managers / Chief Officers had failed to seek the views of the Trade Unions when initiating matters relating to staff / service provisions and structures.  Mr. Hart circulated copies of a memorandum from the Chief Executive to all Chief Officers dated 7^th September, 2006 in which he referred to the Council’s commitment to maintaining the engagement of the local trade unions in all matters pertaining to staff and establishment of staff structures and sought co-operation in ensuring that local Branch Secretaries and Human Resources were both formally engaged at the earliest opportunity as part of the consultations / negotiations on all staffing matters.  Mr. Hart drew attention to the fact that management had, in a number of work areas, recently progressed dialogue and meetings with members of staff in advance of any Trade Union consultation.  He sought confirmation from the Members of the Forum that the procedures to be applied were as contained within the memorandum referred to above and requested that all senior managers and Directors should be reminded of them.  It was also suggested that managers should be monitored and disciplined if they repeatedly ignored the accepted process for consultation.  The Operational Manager (Human Resources) undertook to raise the issue with the Chief Executive and, subject to his agreement, to reissue the content of the memorandum.  He referred also to a consultation process document which he proposed to refer to the Single Status meeting to be held next week, following which it would be reissued to all managers.  

 

On behalf of the Forum, the Chairman accepted and endorsed the contents of the memorandum.

 

AGREED - T H A T the position be noted and the actions referred to above implemented.

 

 

(iii)       Proposed Policy in Respect of Time Taken by Staff to Attend Employment Tribunals

 

On behalf of the Trade Unions, Mr. Hart raised concerns that staff who registered a complaint against the Council at an Employment Tribunal were required to take annual leave whether or not that complaint was found by the Tribunal to be justified whereas staff attending on behalf the Council did not (whether or not the Council’s actions were found to be justified). Staff taking annual leave for the purpose of attending a Tribunal as a complainant were unable to seek recompense from the Council; the views of the Forum were requested as to whether, if the Tribunal found in favour of the complainant, the complainant should be reimbursed by the Council for the time taken to attend the Tribunal. The Council’s Employment Lawyer explained that, whilst there was no specific employment law requirement for an employer to reimburse an employee for attending an Employment Tribunal generally, there was a mechanism to claim from the Tribunal.  The Operational Manager (Human Resources) added that any employee in such circumstances could apply for special unpaid leave which might assist the employee in progressing a claim for loss of earnings from the Employment Tribunal. 

 

Discussion ensued on the above and related matters, including the costs to both the Council and the Trade Unions. Mr Cox suggested that the Council could reduce the number of cases being heard by Tribunals through the more careful application / drafting of its policies.

 

Having considered the issues raised above in private, Members

 

AGREED – THAT no change be made to the current practice in respect of the reimbursement of time taken off work by an employee attending an Employment Tribunal as a complainant against the Council.

 

 

(iv)       Early Retirement / Voluntary Redundancy

 

Mr. Carter opened the discussion on the concerns expressed by the Trade Unions as to the apparent lack of transparency and consistency in the determination of applications for early retirement / voluntary redundancy.  He referred to applications from senior managers being granted whilst management had been unable to support requests from other employees due to financial constraints or for reasons of service delivery. He called for a corporate budget to be established from which applications across the Council could be funded and for the process to be clear and transparent to allow all members of staff the opportunity to access early retirement / voluntary redundancy should they so wish.

 

The Chairman explained that Members of the Council through the Early Retirement / Redundancy Committee took the decision to grant or refuse all applications; she herself, as the Cabinet Member for Human Resources and Equalities, chaired the meetings. The Operational Manager (Human Resources) reiterated that the decisions to grant or refuse ER / VR were made by Members, that decisions to allow employees to go early were discretionary and that each case was considered on its own merits; management merely made recommendations. He indicated that recent advice said it would be inappropriate for a separate fund to be established but undertook to reissue the procedure for application to ensure all members of staff were aware of the relevant criteria and the processes involved.

 

Following further discussion on the above matters, Members considered the issues in private.

 

AGREED – THAT the procedure for application for early retirement / voluntary redundancy be re-circulated, that all staff be reminded that decisions on applications for early retirement / voluntary redundancy were made by Members who considered each case on its merits.

 

 

(h)       Items which the Chairman had Decided were Urgent -

 

 

(i)         Swine Flu

 

In response to questions as to whether procedures were yet in place to deal with a possible pandemic and whether there would be a relaxation of the Council’s Sickness / Management of Attendance Policy, the Chairman indicated that matters were to be discussed later that day and a series of meetings would be held in the following weeks as regards the wider implications; any subsequent information would be disseminated as quickly as possible.  To date, the Chairman was unaware as to whether any advice had been received from WAG.

 

 

(ii)        Employment Act 2008

 

Councillor Osborne referred to the contents of the above Act, to the consequential enhanced powers and responsibilities of ACAS, and to the need for both the Forum and the Scrutiny Committee (Corporate Resources) to be made aware of any implications for the Council.

 

Councillor Osborne asked that an update on the new arrangements / provisions of the Act be presented initially to a future meeting of the Scrutiny Committee (Corporate Resources).

 

--------------

 

RESOLVED - T H A T the minutes be noted.

 

 

C485              REPORT OF THE CASE MANAGEMENT INQUIRY AND THE ACTION PLAN (REF) -

 

Scrutiny Committee (Social Care and Health) on 20^th May 2009 received a report of the Case Management Inquiry that had been undertaken, and sought approval for the Action Plan which set out how the recommendations within the report would be implemented.  The report of the Case Management Inquiry that had been published on 18^th May 2009 was attached at Appendix 1 to the report.  It contained the findings of an urgent and focused review of the way in which a young man was placed by Social Services within a host family where he then seriously abused two children.  The Inquiry had commenced immediately the Director of Social Services had become aware of the circumstances, with the key intentions being to ensure that the Council had a full account of:

 

·                    what went wrong

·                    why the mistakes happened

·                    who should accept responsibility and

·                    how the Council could make sure that such events should never happen again.

 

On the basis of independent input into the Inquiry and critical scrutiny of it, the NSPCC had expressed satisfaction that the inquiry process had been rigorous and that the Inquiry Report acknowledged what went wrong within the case.  The recommendations within the report had been used as the basis for a detailed Action Plan which was attached at Appendix 2 to the report.   The Action Plan set out comprehensively how the Council would deal with all the causes of inconsistent or poor practice by staff and managers.  The Director advised that the report contained severe but justified criticisms and it was clear that there was a serious error of judgement in placing the young man with the family.  The Council had itself expressed deep regret for the distress and the harm caused to the children in the case and to their parents.  He also advised Members that, on behalf of the Directorate, senior managers had apologised sincerely and unreservedly. 

 

The Committee was further advised that the relevant statutory bodies, including the Care and Social Services Inspectorate for Wales (CSSIW), had been notified and kept informed.  Where staff had been suspended, the Care Council for Wales had been involved.  The Local Safeguarding Children Board had also recently decided to conduct a serious case review as required by the Welsh Assembly Government guidance and the Council would be expected to contribute fully to the review.  The Deputy Minister of WAG had asked the Care and Social Services Inspectorate to advise on how the matters raised in the report could be taken further and it was anticipated that there would be additional scrutiny of Social Services by external auditors, regulators and inspectorates. 

 

The Director confirmed that the Directorate was already progressing the considerable programme of work which the Plan required, including:

 

·                    changes in the management of the leaving care service

·                    completion of an external review of all current adult placements to ensure that these were safe

·                    making use of disciplinary procedures where necessary

·                    ensuring proper use of the hazard Alert System on the client database.

 

The Action Plan would be implemented in full and the Directorate and the Council would ensure that it achieved the right outcomes for people who used the services, especially in the key areas of safeguarding and protection. 

 

In considering the report the Scrutiny Committee also extended sympathies and apologies to the family.

 

The Cabinet Member was asked to elaborate on how she intended to address the issues within the Action Plan.  Councillor Turner advised that the report had been presented to the Cabinet that same day, the actions contained within the report had been accepted with an addition that progress on the Action Plan be reported to every Cabinet meeting.  She advised that since the incident had occurred, she as Cabinet Member, the Director and his Management Team were committed to working through the Action Plan and to addressing all the issues identified. 

 

Councillor Stuart Egan requested that the Scrutiny Committee consider forwarding a letter to all teams involved in the Inquiry offering employees an opportunity to meet with Scrutiny Committee Members, either collectively or individually.

 

A number of Members considered that this would be inappropriate in view of pending disciplinary procedures and the fact that the Action Plan had been developed and considered that the Scrutiny Committee could undermine the responsibilities of the senior officers in progressing the Action Plan.  Other Members stated that there was no intention to introduce delay but to offer opportunities for employees to speak to the Scrutiny Committee if they so wished.  In further considering the matter, the request was put to a vote with the motion not being carried. 

 

With regard to recommendation 8 within the report, i.e. an urgent review of transition planning arrangements and practice in respect of young people moving from Children and Young People Services to Adult Services should be conducted by the Corporate Parenting Panel and changes introduced immediately upon completion of the review.  Discussion took place in respect of the terms of reference of the Corporate Parenting Panel and Committee was advised by the Cabinet Member that she was in current discussions with the Leader regarding possible expansion of the Corporate Parenting Panel membership.  Members also requested that the minutes of the Corporate Parenting Panel could be presented to the Scrutiny Committee.  Scrutiny Committee had

 

RECOMMENDED -

 

(1)       T H A T the report of the Case Management Inquiry be accepted.

 

(2)       T H A T Cabinet be advised that the Scrutiny Committee endorsed the Action Plan.

 

(3)       T H A T the Scrutiny Committee receives monthly update reports on the progress made within the Action Plan.

 

(4)       T H A T Cabinet be requested to approve that the minutes of the Corporate Parenting Panel be forwarded to the Scrutiny Committee (Social Care and Health) as and when available.

 

(5)       T H A T Cabinet be requested to consider extending the membership of the Corporate Parenting Panel to include all party membership.

 

Having considered the recommendations, Cabinet

 

RESOLVED -

 

(1)       T H A T recommendations (1) to (3) of the Scrutiny Committee be noted.

 

(2)       T H A T recommendation (4) of the Scrutiny Committee be accepted.

 

(3)       T H A T a further report be brought before the next meeting of the Cabinet on the merits or otherwise of extending the membership of the Corporate Parenting panel to include all party membership.

 

 

C486              SUNBEDS (REF) -

 

Scrutiny Committee (Economy and Environment), on 27^th May 2009 considered a request that the Scrutiny Committee investigate whether the Vale of Glamorgan Council should be offering sun beds as a service in its Leisure Centres especially in light of recent reports that showed a dramatic increase in cases of malignant melanoma maybe linked to sun bed use.  The report highlighted that out of 22 Welsh Councils, 18 had already decided to withdraw the sun bed service from their Leisure Centres.  The Vale Council currently offered two sun beds at Penarth Leisure Centre, and one sun bed each in Barry, Llantwit Major and Cowbridge Leisure Centres that currently generated approximately £15,000 in income.  The Council had continued to provide sun beds as a result of customer demand, however, there had been a significant drop in usage in recent years.  Leisure Centres were keen to promote health and wellbeing objectives but also recognised the importance of individual choice.  Current NHS information however advised not to use sun beds copies of which were attached at Appendix A to the report.  In light of this advice, the recommendation in the report was that the remaining sun beds in Leisure Centres be removed.

 

Councillor Curtis, in considering the report stated that he was aware that the Council would lose £15,000 in income, but in his opinion it was a small price to pay for the wellbeing of the public.  Some Members queried sun bed salon use in other establishments but were advised that the Council had no regulatory powers over other salon premises other than its own.  Members, in considering information and advice received from the NHS and the Health and Safety aspects.  Scrutiny Committee had

 

RECOMMENDED - T H A T Cabinet be requested to approve that the Council withdraws all sun beds from its Leisure Centres.

 

Cabinet, having considered the recommendation,

 

RESOLVED - T H A T consideration of the recommendation of Scrutiny Committee be deferred to the next meeting of the Cabinet and that this be considered in conjunction with a further, more detailed report on the use of sunbeds.

 

 

C487              BARRY TOWN CENTRE LIVING STUDY AND NEIGHBOURHOOD RENEWAL ASSESSMENT (REF) -

 

Scrutiny Committee (Economy and Environment) on 27^th May 2009 received a report which provided Members with details of the Barry Town Centre Living Study and Neighbourhood Renewal Assessment.  In February 2007 the Council had commissioned ConsultCIH to carry out a cross-cutting assessment of neighbourhood and town centre renewal issues in respect of the Holton Road shopping areas and adjacent housing area in Castleland Ward.

 

The Commission was a joint project between the Economic Development Unit and Private Sector Housing that had been developed through the Barry Regeneration Partnership and the Renewal Area Steering Group.  Appendix A to the report provided an Executive Summary of the Barry Town Centre Living Study and Neighbourhood Renewal Assessment, Appendix B detailed the proposed Lifetime Renewal Area Strategy and Delivery Framework and Appendix C presented the plan of the proposed Castleland Renewal Area that also identified a number of key challenges and opportunities arising from the Study. 

 

The full report on the Study was available on the Council's website at http://www.valeofglamorgan.gov.uk/living/housing/private_sector.aspx.  

 

The report concluded that the area met the criteria for renewal area status and that declaration of the renewal area would be the most effective way of bringing about the changes required to regenerate the area.  However, further work would be required to develop the initiative and to report on the mechanism for declaring the proposed renewal area with effective from January 2010.  Funding of the Council's renewal areas would be through annual bids to the Welsh Assembly Government and the Council's Capital Programme.  Scrutiny Committee had

 

RECOMMENDED -

 

(1)       T H A T the report on the Barry Town Centre Living Study and Neighbourhood Renewal Assessment be noted.

 

(2)       T H A T the consultants’ recommendations to declare a Renewal Area in the Castleland Ward be accepted and a further report be presented to the Scrutiny Committee setting out the mechanisms for delivering the proposed Renewal Area.

 

(3)       T H A T a joint tour of the proposed renewal area be arranged for Members of both the Economy and Environment and Housing and Public Protection Scrutiny Committees.

 

(4)       T H A T recommendations (1) and (2) above be referred to Cabinet for approval.

 

Having considered the recommendations, Cabinet

 

RESOLVED - T H A T whilst the recommendations of Scrutiny Committee be agreed in principle, consideration of those recommendations be deferred pending receipt of the comments of Scrutiny Committee (Housing and Public Protection) who were due to meet on 25^th June 2009.

 

 

C488              BUS SHELTERS (REF) -

 

Scrutiny Committee (Economy and Environment), on 27^th May 2009 received a report which provided Members with an update on the maintenance issues relating to the repair costs to bus shelters following vandalism.  There were a total of 235 bus shelters in the Vale, 28 of which were supplied and maintained by Adshel.  The shelters that were managed by Adshel were located on heavily trafficked routes and whilst it would be desirable for the vale to increase the number of these shelters in the Vale, their numbers and locations were agreed by the private contractor.  Members were also advised that one of the Adshel shelters that was located in Windsor Road, Penarth, had recently been removed following a road traffic accident.  The report also provided the Committee with details of bus shelter repairs from April 2008 to March 2009 together with the incidents of graffiti within the Barry, Vale and Penarth areas.  Members were advised of an error in the report, in that the overall maintenance budget for bus shelters for the period was circa £50k. and not £29,819.04 as stated.  Members were further advised that the costs of vandalism and graffiti removal equated to approximately 40% of this overall budget figure. 

 

During consideration of the report Members raised their concerns at the level of vandalism and suggested that a copy of the report be forwarded to all Headteachers of schools in order to educate the pupils as to the effects and costs of vandalism.  Scrutiny Committee had

 

RECOMMENDED -

 

(1)       T H A T Cabinet be requested to advertise the incidents of vandalism (for example in Vale Waves) in order to raise public awareness.

 

(2)       T H A T a copy of the report be forwarded to all Headteachers in order to apprise pupils of the issues of vandalism.

 

Cabinet, having considered the recommendations,

 

RESOLVED -

 

(1)       T H A T recommendation (1) of Scrutiny Committee be noted.

 

(2)       T H A T recommendations (2) of Scrutiny Committee be adopted.

 

 

C489              SPORTS PITCHES (REF) -

 

The Scrutiny Committee (Economy and Environment) had previously requested an explanation in relation to the cancellation of games on sports pitches by officers when a number of Members had been made aware that games were still being played.  Committee, on 27^th May 2009 had received a report which advised that pitch availability was detailed on the Council’s website and a new Cancellation Policy had also been displayed.  The Policy advised that although it was the Parks and Grounds Maintenance Division’s objective to have as many football pitches available for use at any time during the football season, there were times when inclement weather and ground conditions would make this impossible.  For Jenner Park it was noted that the decision was with the referee and for league matches the following leagues were allowed to assess the ground and make a referee’s decision, South Wales Football Association, Senior League, South Wales Amateur Football League and the South Wales FA Youth League.  For other leagues pitch inspections were undertaken on a Friday morning and discussions held with officials of the Vale of Glamorgan Senior League about the use of pitches at the Buttrills Playing Field.  Agreement was reached on which pitches were available and these were allocated on a priority basis by the Vale of Glamorgan Senior League officials.  If conditions were deemed unsuitable both mini and junior matches would be cancelled. 

 

During discussion of the report, and as a result of inclement weather in previous months, Committee was advised that a number of games had been postponed and rearranged for later in the season.  However, in order to assist the Council to ensure that the pitches were ready for reinstatement during the summer season, it was suggested that matches be completed by the end of April on grounds where football and cricket are being played and by the second week in May for grounds where just football or rugby is played. 

 

Scrutiny Committee had

 

RECOMMENDED –

 

T H A T Cabinet be requested to approve:-

 

(1)       T H A T for pitches where football and rugby games are only played, the games must be completed by the end of the second week in May and for multi-use pitches (i.e. those where cricket is played) all football and rugby games must be completed by the end of April in any year;

 

(2)       T H A T all clubs be advised of the new arrangements in time for the next season.

 

Cabinet, having considered the recommendations,

 

RESOLVED - T H A T the recommendations of Scrutiny Committee be adopted.

 

 

C490              PENARTH MARINA ESCARPMENT STABILISATIONS (REF) -

 

Scrutiny Committee (Economy and Environment), on 27^th May 2009, received a report which advised that the Vale of Glamorgan Authority had taken responsibility for the management of elements of infrastructure of the Penarth Marina area and the adjacent Escarpment following the demise of the Cardiff Bay Development Corporation in the year 2000.  The report outlined that the Escarpment and the land immediately above its crest were under the management of the Council’s Parks and Grounds Maintenance Service.  In 2004 Mott MacDonald Consulting Engineers had been commissioned to undertake a comprehensive risk assessment study of the Escarpment from the Tesco Supermarket in the north to Paget Hill in the south.  The outcome of the study provided a risk assessment at twelve sections along the Escarpment, of these five sections were considered to be of significant risk of further slope failure that would impact on the boatyard and car park.  The Consultant was also further commissioned to identify appropriate engineering options to address the areas considered to be at significant risk and to prepare a feasibility report containing indicative cost estimates for the identified options.  Cost estimates for both solutions were of the order of £400k.

 

In view of the proposed Penarth Heights development as this would effectively deal with the surface / ground water runoff, a decision had been taken to delay any engineering solution in an attempt to minimise the expenditure by the Council until the development had been completed.  The current economic climate had however had an adverse impact on the programme of the redevelopment of Penarth Heights, and as such Quay Marinas Ltd had indicated that current limitations on the use of the leased land were unacceptable.  To this end following a review of the current situation it had been concluded that the Council would proceed with the installation of a deep “cut off” drain at the crest of the slope throughout the length of the Escarpment and that the project would be commissioned shortly with the works contract commencing early in the new financial year 2009/10.  In addition to the proposal, the current car parking layout was to be investigated by Council officers to determine whether a more efficient layout could be put in place. 

 

Scrutiny Committee had

 

RECOMMENDED -

 

(1)       T H A T the progress being made to address the risk from the unstable Escarpment adjacent to the land leased by the Council at Penarth Marina be endorsed.

 

(2)       T H A T the likely outcome of the proposed engineering works and the residual risk of instability of the Escarpment be noted.

 

(3)       T H A T the proposed management regime for the mitigation of the risk from the instability of the Escarpment be endorsed.

 

(4)       T H A T a progress report in respect of the issue be presented to the Scrutiny Committee in 12 months.

 

(5)       T H A T the above recommendations be referred to Cabinet for approval.

 

Cabinet, having considered the recommendations,

 

RESOLVED -

 

(1)       T H A T the recommendations (1), (2) and (3) of Scrutiny Committee be adopted.

 

(2)       T H A T a progress report in respect of this issue be presented to Cabinet in 12 months.

 

(3)       T H A T officers investigate whether the works could assist in the provision of link to the Pont y Werin Bridge.

 

 

C491              COLLECTION OPTIONS TO FACILITATE BATTERY RECYCLING (REF) -

 

Scrutiny Committee (Economy and Environment), on 27^th May 2009, received a request for consideration for the Council to investigate the benefits of setting up a household kerbside battery recycling service and that a report investigating options to facilitate recycling through the provision of suitable facilities at Council owned premises be submitted to the Scrutiny Committee (Min. No. 781).  The Operational Manager advised Committee that in his opinion it was unlikely that people would want to make a special journey to recycle batteries the choice of location for community drop-off schemes should take account of the number of regular visitors that could be expected.  Many different containers were available on the market, including mini on street recycling centres throughout the country and in Camden Members were advised a bin had been attached to suitable lamp posts or site information posts.  The report further advised that the per capita collection figures for such a method of collection varied greatly from 3.4 to 23.0 grams per capita and was considerably below other schemes.  The suggestion was therefore that small more local collection arrangements could be introduced as a pilot during the current financial year at the Council’s main offices and possibly Council libraries.  It was suggested that this be done initially on a trial basis in order to assess demand and risk assessment would have to be undertaken in relation to the facilities and in respect of each individual building.  Members accepted that kerbside collections would be better options but noted the costs of such a service and, as demand could not be easily measured at present, noted the officer’s comments in the report.  Scrutiny Committee had

 

RECOMMENDED -

 

(1)       T H A T the contents of the report be noted.

 

(2)       T H A T Cabinet be requested to agree the introduction of battery recycling facilities at various Council owned buildings on a trial basis.

 

(3)       T H A T a further report on the outcome of the trial be presented to Cabinet in 12 months.

 

(4)       T H A T the recycling facilities proposed within the report be advertised (for example in Vale Waves) including details of the sites to be utilised in order to raise public awareness.

 

Having considered the recommendations, Cabinet

 

RESOLVED -

 

(1)       T H A T recommendations (1), (2) and (4) of Scrutiny Committee be adopted.

 

(2)       T H A T a further report on the outcome of the trial be presented to Cabinet in 12 months.

 

 

C492              END USE OF HOUSEHOLD WASTE RECYCLING (REF) -

 

Scrutiny Committee (Economy and Environment), on 27^th May 2009, was advised of the final reprocessing arrangements for the various household waste recycling streams.  All recyclable household waste collected by the Council’s Waste Management and Cleansing Division was delivered to the Council’s contracted recycling reprocessor, Biffa Waste Service.   With the exception of automotive and household batteries, fluorescent lighting tubes, waste electric and electronic equipment and timber, all other household waste was delivered to Biffa’s Transfer Station in Viking Road, Cardiff.  A spreadsheet providing a summary of the information by waste stream was attached for the Committee’s consideration at Appendix 1 to the report.  Members were advised that all costs in relation to the Council’s reprocessing of the collected household waste recyclate was included within its 3 year contract Provision of Material Recycling facility with Biffa Waste Services Ltd from April 2008.  Scrutiny Committee had

 

RECOMMENDED -

 

(1)       T H A T Cabinet be requested to arrange that the details within the report are advertised within Vale Waves for information to Vale of Glamorgan residents.

 

(2)       T H A T the contents of the report be noted.

 

Cabinet, having considered the recommendation,

 

RESOLVED -

 

(1)       T H A T recommendation (1) of the Scrutiny Committee be noted.

 

(2)       T H A T a report on the end use of household waste recycling be published in Valewaves.

 

 

C493              TASK GROUP FOR CASTLELAND COMMUNITIES FIRST - PROGRESS REPORT (CX) (SCRUTINY - LIFELONG LEARNING) -

 

Cabinet were updated on progress made by the Task Group set up for Castleland Communities First. 

 

On 22^nd April 2009, Cabinet had considered proposals made in the wake of the cessation of the existing Communities First Partnership in Thompson Street.  Cabinet had approved the Council’s participation in a small Task Group to enable the formation of a new Partnership Board whose membership reflected the whole Castleland Communities First area and had requested a progress report.

 

A pre-task Group meeting had been held on 23^rd April at which it had been suggested that the Council representative should be the Head of Performance and Development, that Newydd Housing Association be represented on the Group, as should the Vale Centre for Voluntary Services in the person of its Executive Director.  The other members would be a resident of the Castleland Ward (who is also the local Ward Member), core Communities First staff and observers from WAG. 

 

The Task Group had met on two occasions.  During the first meeting, a SWOT analysis of the current position had been conducted.  It was agreed that the priority was to seek the engagement of the whole of Castleland Ward before putting in place a new structure and membership, and a draft action plan and work programme to achieve this were considered.  In the second meeting the action plan was firmed up, with SMART targets agreed.  These included a timetable for the establishment of a new Partnership Board, which would be set up in shadow form in September 2009 to bid for continued funding for a further two years.  The core team would meanwhile focus on community engagement and capacity building by timetabling a number of activities.  Meetings had already been held with the Council’s Area Renewal Team.  The core team’s capacity would expand by the recruitment of an additional member of staff. 

 

Quarterly progress reports were being produced for WAG.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the actions taken by the Task Group be noted.

 

Reason for decision

 

To keep Cabinet abreast of progress.

 

 

C494              APPOINTMENTS TO OUTSIDE BODIES:

(i)                     COYCHURCH CREMATORIUM JOINT COMMITTEE

(ii)                    VALE OF GLAMORGAN BEST KEPT VILLAGE COMPETITION

(iii)                   ST. DONATS ART CENTRE: BOARD OF MANAGEMENT (CX) (SCRUTINY - CORPORATE RESOURCES) -

 

Having regard to the contents of the report, and this being a matter for Executive decision, it was

 

RESOLVED -

 

(1)       T H A T Councillor R.P. Thomas be appointed to serve on the Coychurch Crematorium Joint Committee and that Councillor Ms. M. Wright be appointed to sit on the Vale of Glamorgan Best Kept Village Competition.

 

(2)       T H A T Councillor Mrs. A.J. Preston replace Councillor Mrs. K.A. Kemp on the St. Donats Art Centre Board of Management.

 

Reason for decisions

 

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

 

 

C495              USE OF THE CHIEF EXECUTIVE’S EMERGENCY POWERS (CX) (SCRUTINY - AS INDICATED BELOW) -

 

RESOLVED - T H A T the use of the Chief Executive’s emergency powers as indicated below be noted:

 

(a)       Authority to implement the Chief Officer’s pay award 2008/09.

 

(Scrutiny - Corporate Resources.)

 

(b)       Authority to implement the Soulbury Pay Agreement 2008.

 

(Scrutiny - Corporate Resources.)

 

(c)        Authority to implement the pay award for coroners / JNC Circular No. 49.

 

(Scrutiny - Corporate Resources.)

 

(d)       Authority to demolish Block 2, Cowbridge Lower Comprehensive School as a consequence of significant fire damage and to provide temporary classroom accommodation for four classes.

 

(Scrutiny - Lifelong Learning.)

 

(e)       Authority to re-grade the position of Operational Manager (Business Planning and Performance, Social Services) prior to the retirement of the current postholder to reflect increased duties and responsibilities.

 

(Scrutiny - Corporate Resources.)

 

(f)         Authority to replace Councillor Mrs. A.J. Preston as a member of the Scrutiny Committee (Social Care and Health) with Councillor Ms. M. Wright.

 

(Scrutiny - Corporate Resources.)

 

(g)       Authority to reallocate seats held by Members of the Conservative Group on Committees of the Council.

 

(Scrutiny - Corporate Resources.)

 

(h)        To enable tenders for DDA works to commence immediately (Min. No. C3408).

 

(Scrutiny - Corporate Resources.)

 

(i)         Authority for the grant of lease for accommodation at Old Hall, Cowbridge.

 

(Scrutiny - Corporate Resources.)

 

(j)         Authority to replace Councillor S.T. Wiliam on the Scrutiny Committee (Housing and Public Protection) with Councillor N.P. Hodges.

 

(Scrutiny - Corporate Resources.)

 

(k)        Authority to implement NJC Circular 3/08 - Revised 2008/09 Pay Scales and Allowances.

 

(Scrutiny - Corporate Resources.)

 

(l)         Authority to re-allocate seats to Members of the Conservative Group on the Council’s Committees with effect from 23^rd March 2009.

 

(Scrutiny - Corporate Resources.)

 

(m)      Authority to implement JES Circular No. 164 - Soulbury Agreement on pay and structural issues.

 

(Scrutiny - Corporate Resources.)

 

(n)        Authority to implement JNC for Youth and Community Workers - Circular No. 165.

 

(Scrutiny - Corporate Resources.)

 

 

C496              ONEVALE PROGRAMME - PAYROLL IMPLEMENTATION (CX) (SCRUTINY - CORPORATE RESOURCES) -

 

Cabinet were informed of progress with the implementation of the Oracle Payroll system.

 

Cabinet were advised that the following modules of the Oracle e-Business suite had been implemented to date:

 

·                    Human Resources

·                    Customer Relations Management (Contact Centre)

·                    Financials

·                    i-Procurement (presently being rolled out across the Council)              advanced collections.

 

The implementation of the Oracle Payroll and i-Expenses modules had been approved by Cabinet on 20^th February 2008.  Cabinet were advised on 22^nd April 2008 that Oracle Corporation UK Ltd were the successful tenderer.

 

The implementation contract equated to £686k. which included Oracle assisting the Council in post production support during the roll out of the payrolls.

 

The Oracle Payroll system was essential in the next phase of the OneVale programme so that an integrated HR and Payroll system existed.  The introduction of the payroll module would provide efficiency savings by reducing duplication and potential errors and would provide benefits in the use of existing HR information for calculations and reporting purposes.

 

The Oracle Payroll system would provide the Council with the following:

 

·                    a system that was designed to keep pace with the changing needs of the Council’s workforce in order to reduce set-up costs, administrative time and processing errors

·                    complete control over processing rules and calculations

·                    an integrated system with other Oracle modules i.e. HR system which would significantly reduce duplicate entries

·                    the facility for paperless payroll processing (including on-line payslips)

·                    a complete payment history for all employees.

 

The key benefits of the Oracle i-Expenses module included:

 

·                    online entry of expenses for staff and managers

·                    automating the management and approval of expenses through workflow leading to improved expenses compliance

·                    removal of the current time consuming manual process for managers, staff and finance staff

·                    auditability of expenses.

 

Oracle Payroll and i-Expenses were being implemented during 2008/09 and 2009/10.  It was essential that the single status payrolls were in place and operational by December 2009 with full payroll implementation by April 2010 in view of job evaluation and the implementation of new pay scales.

 

Additional implementation costs to date as part of Change Controls equated to £49k.  These were mainly attributable to additional technical support from Oracle with regard to the migration of existing information into the new Oracle Payroll system.  The Chief Executive had also approved £46k. under a separate “Request for use of Emergency Powers” in respect of additional functional support as some changes were required immediately.

 

The support from Oracle needed to continue to ensure programme timescales were met.  In view of this and to deliver the modules in readiness for the 1^st April 2010 deadline, further support from Oracle would be required.  This would cost in the region of an additional £120k. (because the variation exceeds 10% of the original contract sum, the approval of Cabinet was required to effect such variation).

 

The reasons for the variation were as follows:

 

·                    Problems had been encountered by the Council on data migration and integration of the new Payroll system and the need to ensure the abovementioned timescales were met.  This was mainly through less internal technical staff capacity being available than was envisaged initially.

·                    Additional resources were required to support the Council in the User Acceptance Testing and parallel running of current payrolls against the new payroll system to ensure that configuration of the system was correct.  This was again mainly through less internal technical staff capacity being available than was envisaged initially. 

·                    As part of the Oracle Payroll system, additional reports (some statutory) need to be configured.  However, there were insufficient ICT resources to develop these reports at present which were needed for the Go Live period.

 

The shortfall in available staff resources arose because of additional demands for ICT services.  For example, ICT staff were also involved in the development of the CRM system.  This was a continual process and more and more services / functions were transferred into Contact OneVale.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the progress to date with the implementation of the Oracle Payroll system be noted.

 

(2)       T H A T a variation to the contract of £120k. for the OneVale programme for 2008/09 as part of the OneVale Business Case be approved.

 

Reasons for decisions

 

(1)       To update Cabinet on the implementation of the Oracle Payroll system.

 

(2)       To ensure the Oracle Payroll and i-Expenses systems are in place by October 2009 for monthly paid employees, November 2009 for four weekly employees and April 2010 for Education payroll employees.

 

 

C497              WELSH LANGUAGE SCHEME ANNUAL MONITORING REPORT 2008-2009 (CX) (SCRUTINY - CORPORATE RESOURCES) -

 

Cabinet considered the Annual Report and update for the Welsh Language Board on the achievement of actions within the Welsh Language Scheme.

 

The report for 2009, attached at Appendix 1 to the report, included key areas where the Council had improved in the previous year.  A considerable amount of work had taken place during the year including the production of a report on the analysis and deployment of Welsh language skills.  During the project it had been identified by independent consultants that there was a “manifest desire and commitment among managers and staff to improving the provision of genuine language choice”.  In addition a review of the Council’s complaints processes in January by the Welsh Language Board had found the Council to be fully compliant.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the report, to be submitted to the Welsh Language Board by 30^th June 2009, be approved.

 

Reason for decision

 

In order to achieve the deadline of the Welsh Language Board.

 

 

C498              CABINET SUB-COMMITTEE (PUBLIC RIGHTS OF WAY) (CX) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

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

 

This was a matter for Executive decision.

 

RESOLVED -

 

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

 

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

 

(2)       T H A T four Members be appointed to sit on the Cabinet Sub-Committee (Public Rights of Way), namely Councillors P. Church, A.M. Ernest, A.D. Hampton and H.J.W. James.

 

Reason for decisions

 

(1&2)  To enable decisions on the making of Public Rights of Way Orders to be made in the most efficient manner.

 

 

C499              BRO RADIO (CX) (SCRUTINY - CORPORATE RESOURCES) -

 

Cabinet were updated on the developments of Bro Radio and received a revised Business Plan, Marketing Plan 2009 and Deed of Grant.

 

Cabinet, on 19^th November 2008, had resolved:

 

·                    That grant funding for the Vale of Glamorgan Broadcasting CIC in the sum of £2,000 per month be agreed, payable monthly in advance over a period of 36 months from the date of commencement of broadcasting with a three month break clause.

·                    That the above funding be subject to a Service Level Agreement being entered into with the Vale of Glamorgan Broadcasting CIC prior to the commencement of funding, the aforementioned SLA being referred to Cabinet for approval.

·                    That the above SLA be negotiated and subsequently monitored through the Chief Executive’s Department Communications Section.

·                    That a progress report on service provision and related matters be submitted to Cabinet after 12 months’ broadcasting.

 

Scrutiny Committee (Corporate Resources) considered these proposals on 16^th December 2008.  The Committee requested, and was granted, further consideration of the then proposed SLA with the Vale of Glamorgan Broadcasting CIC prior to it being discussed at Cabinet and recommended that Cabinet be advised of the following:

 

·                    That the draft SLA between the Council and Bro Radio be submitted to that Committee for pre-Cabinet scrutiny with the views of the Scrutiny Committee being forwarded to Cabinet on the terms of the proposed SLA and related matters.

·                    That representatives of Bro Radio be invited to a future meeting of the Scrutiny Committee when the draft SLA was available for consideration.

 

Cabinet received a further report and draft Deed of Grant on 22^nd April 2009 and agreed:

 

·                    That Minute No. C236 (Cabinet 19^th November 2008) and Minute No. 680 (Scrutiny Committee (Corporate Resources) 16^th December 2008) be not actioned insofar as they referred to an SLA.

·                    That the draft Deed of Grant attached to the report be approved.

·                    That delegated authority be granted to the Operational Manager for Corporate Policy and Communications in consultation with the Director of Legal, Public Protection and Housing Services, the Director of Finance, ICT and Property and the Leader to negotiate a Deed of Grant between the Council and the Vale of Glamorgan Broadcasting CIC based on the draft Deed of Grant attached to that report.

·                    That delegated authority be granted to the Director of Legal, Public Protection and Housing Services to execute the Deed of Grant between the Council and the Vale of Glamorgan Broadcasting CIC.

·                    That the report together with the clarification awaited from Bro Radio in regard to the balance of public funding to be secured, and the Draft Deed of Grant be referred to the Scrutiny Committee (Corporate Resources) for consideration prior to a final decision being made by Cabinet.

 

The proposals were considered by Scrutiny Committee (Corporate Resources) on 28^th April 2009 at which it was agreed:

 

·                    That the progress to date be noted.

·                    That Cabinet be advised that no further action should be taken to date to fund Bro radio until such time that the Cabinet and this Scrutiny Committee had given consideration to the finalised Deed of Grant between the Council and Bro Radio including the submission by Bro Radio for consideration by the same of a marketing plan and an updated Business Plan.

 

Discussions had taken place between the Communications Team and Bro Radio regarding the development of the funding agreement.  A revised Deed of Grant had been discussed with representatives and was attached at Appendix 1 to the report.

 

Bro Radio’s Business Plan stated that the station was planned to operate on a 24/7 basis with live programmes for 12 hours each day. 

 

The initial transmission range was estimated at 66,000 - 75,000 residents.  Its initial license was for Barry and the surrounding area but work had already begun with Ofcom to examine how this area might be extended to cover a wider area.  The station would be available to all areas of the Vale through the internet. 

 

Bro Radio had no firm estimates of the likely number of listeners nor would they be monitoring this precisely once the station was open due to the cost of such monitoring.  However, the station had now developed a marketing plan which was attached at Appendix 3 to the report. 

 

The station now anticipated to make a profit over the next three years (£1,638 in 2008/09, £14,436 in 2009/10, £13,373 in 2010/11).  This assumed that all the anticipated grant income (from Ofcom and the Vale Council) could be achieved.

 

There were two key concerns previously reported which had been addressed satisfactorily through the Deed of Grant:

 

·                    the need for a marketing plan to develop and increase audience numbers

·                    the potential for negative news stories about the Council and how this would be managed, as the Council would be a major financial contributor to the station.

 

Bro Radio had the potential to provide a community facility which involved and motivated local people, particularly young people.  The Vale currently lacked an area-specific broadcast media, and Bro Radio had the potential to provide a new communications channel which would benefit the Council in communicating key messages. 

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the draft Deed of Grant attached to the report at Appendix 1 be approved.

 

(2)       T H A T the Director of Legal, Public Protection and  Housing Services be given delegated authority to execute the Deed of Grant between the Council and the Vale of Glamorgan Broadcasting CIC.

 

(3)       T H A T the report, together with the Business Plan, Marketing Plan 2009 and draft Deed of Grant be referred to Scrutiny Committee (Corporate Resources) for consideration.

 

Reasons for decisions

 

(1)       To enable the funding arrangements to be regularised by way of a Deed of Grant in the form of the draft prepared.

 

(2)       To achieve execution of the Deed of Grant.

 

(3)       To allow further consideration to be given to the grant application by members of the Scrutiny Committee (Corporate Resources) in accordance with Minute No. 680, Scrutiny Committee (Corporate Resources), 16^th December 2008 and to enable Members to be apprised of the full extent of public funding to be obtained in order that informed consideration may be given to the prudence of the proposed grant funding.

 

 

C500              HIGHWAY SURFACE TREATMENT PROGRAMME 2009-10 (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Cabinet were requested to agree the locations of the Carriageway Surface Dressing and Micro Asphalt Treatment programmes for 2009/10. 

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the locations for Carriageway Surface Dressing Programme for 2009/10 be as follows:

 

·                    A4222, Cowbridge to Pontyclun Road (Maendy Village to Ystradowen)

·                    B4270 Cowbridge to Nash Manor road (Pen y Bryn to Layby near Woodwise)

·                    A4226 Five Mile Lane (Sutton Fach Farm to Sutton Woods)

·                    A4055 Cardiff Road, Barry (McDonalds Roundabout to Cog Water Works)

·                    A48 Sycamore Cross (Cottrell Lodge to Dual Carriageway).

 

(2)       T H A T the locations for carriageway Micro Asphalt Progamme for 2009/10 be as follows:

 

·                    Cherry Close, Dinas Powys

·                    Eastbrook Close, Dinas Powys

·                    Georges Row, Dinas Powys

·                    Chapel Row, Dinas Powys

·                    Chapel Close, Dinas Powys

·                    Ilminster Street, Barry

·                    Whitewell Road, Barry

·                    Somerset Road, Barry

·                    Brockhill Rise, Penarth

·                    Smithies Avenue, Sully

·                    Minehead Avenue, Sully.

 

Reason for decisions

 

(1&2)  To treat the carriageway surface to arrest deterioration on these routes/ streets and to prolong the life of the road and therefore avoiding early costly resurfacing or reconstruction works.

 

 

C501              CONSULTATION ON CHARGES PAYABLE TO THE PLANNING INSPECTORATE (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Cabinet were advised of the proposed increase in daily charges made payable to the Planning Inspectorate to provide Inspectors to conduct Independent Examinations of Local Development Plans (LDPs) and Inquiries into matters where the local authority requires the consent of the Welsh Assembly Government and the Assembly Government considers it necessary to hold a local inquiry (e.g. in relation to Compulsory Purchase Orders submitted for confirmation).

 

The standard daily charge for LDP Examinations was brought into effect in 2007 and currently stood at £640 per day.  The Planning Inspectorate had recently revised its figures for the total cost to the Inspectorate of providing an inspector to £871 per day.  This represented an increase of 26%.  The current standard daily charge in relation to Compulsory Purchase Orders and other inquiries was £722.  The revised daily cost to the Inspectorate had increased to £742; an increase of 2.7%.

 

The Minister for Environment, Sustainability and Housing was of the view than an increase of 26% in the daily charge rate for LDP Examinations was inappropriate in the current economic situation and noted that the cost of an average 100 day Examination would increase from £64,000 to £87,100.  The Minister therefore recommended an increase of 4.5% which “is roughly in line with inflation”.  This would increase the daily charge rate for LDP Examinations from £640 to £679.  The Minister considered the increase of 2.7% for daily charge rates for CPO and other inquiries to be reasonably, particularly as it was below inflation levels and the charge had not increased in the past two years.

 

It was anticipated that the shortfall in costs this year would be funded from the budget provided to the Planning Inspectorate Wales.  It was noted however that this practice was described as unsustainable in the long run and that WAG intended to review these rates annually with a view to recovering the costs in full in future years.  WAG intended to introduce these charges as soon as National Assembly for Wales legislative procedures allowed and the charges were likely to come into force in Autumn 2009.

 

The need for the Planning Inspectorate to increase its fees was acknowledged and it was recognised that it needed to be properly resourced in order to meet the LDP timetables contained within each local authority’s Delivery Agreement.  Nevertheless, if the Planning Inspectorate chose to recover their costs in full then there was concern about the burden this would place on local authorities.  In addition, it was noted that holding Examinations and facilitating inquiries had a cost burden on local authorities and the WAG settlement or at the very lease the Planning Improvement Grant should reflect this.

 

The Council’s consultation response had already been submitted to WAG to meet the deadline of 24^th June 2009, with a statement that any additional comments that Cabinet may wish to make would be forwarded separately after the closing date.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the proposed increase in fees payable to the Planning Inspectorate be noted.

 

(2)       T H A T the comments contained within the report be approved for submission to WAG as the Vale of Glamorgan Council’s formal response to the consultation.

 

(3)       T H A T a copy of the report be submitted to the Planning Committee for information purposes.

 

Reasons for decisions

 

(1)       To advise Cabinet of the consultation on charges payable to the Planning Inspectorate.

 

(2)       To obtain Cabinet’s approval to submit the comments to WAG by 24^th June 2009.

 

(3)       To ensure that the Planning Committee are informed of the proposed increase in Planning Inspectorate fees.

 

 

C502              LAND AT JUNCTION OF TYNEWYDD ROAD AND GLADSTONE ROAD BARRY (DFICTP) (SCRUTINY - CORPORATE RESOURCES) -

 

Cabinet were updated on key developments in the attempted disposal of surplus land located at the junction between Tynewydd Road and Gladstone Road Barry and received an outline of proposed action.

 

The land was currently held as Public Open Space and was previously used as a play area.  In accordance with Section 123(2A) of the Local Government Act 1972 a notice was placed in the Western Mail stating the Council’s intention to dispose of the public open space for residential development, and which invited public comments.  One letter of objection was received from a residential address on Gladstone Road.

 

In April 2007 a firm of Chartered Surveyors was appointed to market the land by informal tender.  Adverts were placed in the Western Mail with a closing date of 29^th June 2007.

 

Twelve bids were received, but not all of them were from residential developers.  The highest bid was from a residential developer but it was not immediately progressed due to a matter that had arisen with regards to another of the preferred bidder’s proposed developments.

 

The economic climate had changed considerably and residential land values had dropped since the time when the land was advertised and bids received.  The preferred bidder had indicated that it was still interested in purchasing the land, but at a revised price yet to be confirmed.  Another bidder had also made enquiries about the land for a non residential use.  In the light of all these factors, it was felt appropriate to market the land afresh. 

 

Enquiries had been made with the Planning Department on whether other uses could be considered for the site and the indications were that they could be, depending on the merits of the application.  As such it was proposed to market the land without specifying a particular use for the land.

 

In accordance with Section 123(2A) of the Local Government Act 1972 therefore, a notice would need to be published in the Press stating the Council’s intention to dispose of the land which was public open space for development purposes, and inviting public comments. 

 

Following the public consultation, if none of the objections received, if any, were upheld then the land would be offered for sale by informal tender.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the key developments in the attempted disposal of the land located at the junction between Tynewydd Road and Gladstone Road in Barry since the land was declared surplus be noted.

 

(2)       T H A T the publication in the Press of a statutory notice under Section 123(2A) of the Local Government Act 1972 stating the Council’s intention to dispose of the land located at the junction between Tynewydd Road and Gladstone Road in Barry, which is currently public open space, for development purposes but with no particular end use specified, be approved.

 

(3)       T H A T the Director of Finance, ICT and Property in consultation with the Leader be granted delegated powers to re-market the land located at the junction between Tynewydd Road and Gladstone Road in Barry in an appropriate manner on the approval of the notice of intended disposal.

 

Reasons for decisions

 

(1)       To update the Cabinet Members.

 

(2)       To facilitate statutory public consultation prior to re-marketing of the land.

 

(3)       To enable disposal of the land to be undertaken.

 

 

C503              CLOSURE OF ACCOUNTS 2008/09 (DFICTP) (SCRUTINY - CORPORATE RESOURCES) -

 

Cabinet were informed of the provisional financial position of the Council for the 2008/09 financial year.  This also constituted an account of the major financial issues during 2008/09. 

 

Set out below is a table comparing the revised estimate and the actual expenditure for the Authority:

 

Net Tfr to/(from) Reserve	Service	Amended Revenue Estimate	Total Provisional Actual	Variance +Favourable  () Adverse
£’000		£’000	£’000	£’000
	Directorate of Learning and Development
1,869	Education and Schools	83,647	83,624	+23
4	Libraries	2,525	2,525	0
31	Lifelong Learning	1,801	1,801	0
12	Catering	1,084	1,107	(23)
(29)	Human Resources	(82)	(82)	0
	Social Services
90	Children and Young People	12,573	13,774	(1,201)
(28)	Adult Services	30,752	29,420	+1,332
	Service Strategy	304	284	+20
	Total Social Services	43,629	43,478	+151
	Directorate of Environmental and Economic Regeneration
26	Planning and Transportation	2,961	2,877	+84
(407)	Economic Development and Leisure	5,527	5,570	(43)
(327)	Visible Services	18,949	18,855	+94
(58)	Building Maintenance	(66)	69	(135)
	Directorate of Legal and Regulatory
(51)	Legal, Democratic and Registrars	106	258	(152)
(30)	Public Protection	2,545	2409	+136
3	Private Sector Housing / Community Safety	3,050	2,791	+259

 

	Directorate of Finance, Information Communications Technology (ICT) and Property
273	Finance, ICT and Property	33	33	0
3,965	General Policy (incl Council Tax Surplus)	23,370	20,686	+2,684
(552)	Chief Executive	(59)	(67)	+8
	Youth Offending Service	592	600	(8)
4,791	Grand Total	189,612	186,534	+3,078

 

The main reasons for the variances were set out in paragraphs 11-34 of the report.

 

The net final underspend of £3.078m. meant that the original proposed use of General Reserves of £2m. was not required.  Indeed, £1.078m. would run into General Reserves increasing the balance from £3.713m. to £4.791m.

 

Housing Revenue Account

 

The Housing Revenue Account for 2008/09 showed a surplus of £942k. compared to the Revised Estimated surplus of £489k.  The working balance now stood at £6.037m. and the additional £453k. could be reinvested to help meet the Welsh Housing Quality Standard.

 

The overall position was shown at Appendix 2 to the report and the main reasons for the variances were as follows:

 

·                    Supervision and Management General - £334k. - the favourable variance was largely due to staff vacancies (£56k.) within the Housing Department, in particular Housing Management and the Homes4U team.  In addition Supplies and Services outturned at £157k. less than anticipated and Central Support costs were £119k. less than expected.  This was mainly attributable to money earmarked for WHQS team being under utilised.

·                    Capital Financing costs were £305k. less than expected due to principal repayments being made within the year reducing the HRA debt.

·                    Rent, Rates, Taxes and Other Charges - £43k. favourable variance mainly attributable to Audit and Legal Fees being less than anticipated.

·                    Rent collected on dwellings and garages - £66k. - favourable variance due to a decrease in the number of Council houses sold through Right to Buy and more efficient management of void properties and tenant arrears resulting in fewer write-offs.

·                    Interest earned was approximately £33k. more than anticipated due to an increased Housing Revenue Account balance.

 

These savings had been offset by:

 

·                    Supervision and Management Special - £98k. - the adverse variance was mainly due to higher staff levels required at the hostel. 

·                    The amount payable to the Welsh Assembly Government for Housing Subsidy was estimated to be £131k. higher than originally expected.

·                    Provision for Bad and Doubtful Debts - £19k. adverse variance.  It was anticipated that the provision could be decreased by £15k., however, based on the current level and age of debt the provision has had to be increased by £4k.

·                    The contribution to Capital Expenditure required from the revenue account was £72k. more than expected.

·                    In addition Charges for Services and Facilities received were £8k. less than expected.  This was mainly because court costs reimbursed from tenants and ex-tenants were less than expected.  However, there was a corresponding saving on “Legal Fees” as mentioned earlier.

 

Insurance Fund

 

The total Insurance Fund comprised of both a provision and reserve.  It was used to pay premiums to external insurance companies and the settlement of claims.  It receives sums charged to service revenue accounts and income from insurance repayments from claims.  Set out below are the gross movements on the fund for 2008/09:

 

Opening Balance	4,056
Costs	-1,100
Income	1,873
Closing Balance	4,829

 

Of the closing balance £1,870k. was held as a provision, representing potential liabilities on known claims and £2,959k. as a reserve for claims not yet made.

 

Trading Operations

 

The Trading Organisations referred to were made up of Building Maintenance, Caretaking and Security and Building Cleaning and Vale Catering Services.

 

The provisional figures for the Trading Services showed an overall gross deficit of £164k.  The Building Cleaning / Security Service produced a balanced budget.  The Building Maintenance Trading Unit made a deficit of £164k.

 

Catering Trading - adverse variance £42k. 

 

Capital

 

The overall position on the revised 2008/09 Capital Programme was a net underspend of £2,877,000 once various overspends had been funded.  The statement at Appendix 4 to the report detailed the outturn by scheme.

 

Reserves

 

A reserve is an appropriation from a revenue account and is not included as part of the costs of the service until expenditure is eventually incurred.  A reserve does not cover a present obligation or liability and is a voluntary means of setting aside monies for future requirements either capital or revenue.

 

Funds no longer required as reserves may be transferred to the General Fund to be used for other purposes.

 

Attached at Appendix 5 to the report was a schedule showing the Council’s reserves as at 31^st March 2009.

 

Cabinet, having considered the report:

 

RECOMMENDED -

 

(1)       T H A T the following budgets be amended in 2009/10 to reflect slippage and be referred to Council for approval:

 

Schemes	Current Budget 2009/10 £000	Change to Budget £000	Revised Budget 2009/10 £000
Cylch Meithrin y Bont Faen	0	2	2
Gwenfo Primary School rewire	0	3	3
Cadoxton Junior School	0	3	3
Upgrade Primary Schools (Cogan Hall Farm)	0	5	5
Rhoose Primary additional accomm.	18	177	195
Asset Renewal Schools	864	109	973
School Building Improvement Grant 2008-09	0	113	113
Refurbishment of Barry Hostel	11	3	14
Social Services Asset Renewal	100	44	144
VCAS Communication system	0	7	7
Harbour View Lease Repurchases	257	17	274
Penarth Renewal Area	1,900	90	1,990
First Time Buyers Grant	0	5	5
Transport Grant	0	62	62
Alley Gates phase 8	0	3	3
Asset Renewal Visible Services	800	248	1,048
Highway Maintenance	500	190	690
Cogan Hall Farm landscaping	0	23	23
Knap Shelter development	5	5	10
New facilities - Parc Bryn y Don	0	19	19
Waste Resource Park Phase 1	940	9	949
Relocation of Dunraven Beach Rd	0	15	15
Cesspits Marcross	0	14	14
Civic amenity sites adapts. WEEE	0	18	18
Bridge Refurbishment	0	435	435
Penarth Marina escarpment	559	-13	546
Penarth Headland Link	0	10	10
Network Rail Highway Bridge strengthening	10	9	19
Dyffryn Gardens Phase 1	536	13	549
Dyffryn House external restoration	0	7	7
Barry Regeneration Partnership	300	145	445
Replacement footbridge Barry Island	339	11	350
Pumphouse enveloping	700	12	712
Thompson St footbridge	1,761	-149	1,612
Entrepreneurship Centre	0	21	21
Holton Road Public Realm	0	19	19
Penarth Heights	15	9	24
Holton Road shopfronts	47	4	51
Atlantic Trading Estate signage	0	10	10
Atlantic Trading Estate demolition	0	41	41
Demolition of Holiday Camp	0	45	45
Leisure Asset Renewal 2008/09	150	19	169
Barry Leisure Centre gym extension	5	5	10
Leisure Centre refurbishment	0	4	4
Non-domestic properties asbestos surveys	0	3	3
Disabled Access Audit and Improvement	624	35	659
CASH Grants	70	37	107
Pont y Werin	0	200	200
Dock View Road compensation	0	27	27
Glamorgan Records Office	450	127	577
Misc Buildings Asset Renewal	150	78	228
Court Road Accommodation	0	19	19
One Vale	766	37	803
Office Accommodation	196	103	299
Dyffryn House enveloping	90	32	122
TOTAL	12,163	2,539	14,702

 

(2)       T H A T the following budgets be amended in 2010/11 to reflect slippage and be referred to Council for approval:

 

Schemes	Current Budget 2010/11 £000	Change to Budget £000	Revised Budget 2010/11 £000
Romilly Junior & Infants amalgamation works	0	9	9
Rhoose Primary  additional accommodation	0	17	17
TOTAL	0	26	26

 

(3)       T H A T the remainder of the report and the financial measures taken and proposed be approved.

 

(4)       T H A T the Director of Finance, ICT and Property be authorised to make any adjustments that may be required from further detailed examination, both prior to and arising from audit.

 

Reasons for decisions

 

(1)       To approve and refer to Full Council amendments to the 2009/10 Capital Programme due to slippage.

 

(2)       To approve and refer to Full Council amendments to the 2010/11 Capital Programme due to slippage.

 

(3)       To approve the remainder of the report and the financial measures taken and proposed.

 

(4)       To allow adjustments by the Director of Finance, ICT and Property prior to and arising from audit.

 

 

C504              TREASURY MANAGEMENT 2008/09 (DFICTP) (SCRUTINY - CORPORATE RESOURCES) -

 

The annual treasury report covered:

 

·                    the economy / interest rates in 2008/09

·                    the strategy for 2008/09

·                    the borrowing outturn for 2008/09

·                    investment outturn for 2008/09

·                    compliance with treasury limits and Prudential Indicators.

 

The Council’s external debt as at 31^st March 2009 (excluding accrued interest) was £104,868m. (2007/08 £105,760m.).  This could be summarised as follows:

 

 

	Opening Balance 1.04.2008 £’000	Received     £’000	Repaid     £’000	Closing Balance 31.03.2009 £’000
P.W.L.B.	99,617	0	(936)	98,681
Market Loans	6,000	0	0	6,000
Bonds	23	0	(1)	22
Temporary Loans	120	45	0	165
Total	105,760	45	(937)	104,868

 

This was a matter for approval by Full Council.

 

RESOLVED - T H A T the report be accepted and referred to Full Council.

 

Reason for decision

 

To accept and refer the report to Council.

 

 

C505              EDUCATION 2015 (DLD) (SCRUTINY - LIFELONG LEARNING) -

 

Approval was sought on “Education 2015”, a vision for the Education Service.

 

The Education 2015 document had been developed following extensive consultation with key partners and staff across the service.  The draft was designed to link with the Corporate framework, whilst establishing a clear and progressive vision for the Education service through to 2015.

 

The structure of the document was relatively simple in that key purposes were defined and the Council’s approach to delivery was incorporated within a core values section.  Following careful analysis of current and future pressures, strategic priorities had been defined broadly.  These were not presented in fine detail but in broad statements supported by an explanation of the outcomes expected to be achieved.

 

The format was intended to support the next round of Service Plans where specific targets, inputs and outcomes could be defined and presented to the Scrutiny Committee for support.

 

The approach would also support a move to an outcomes based performance management approach which would be consistent with the expectations of the Welsh Assembly Government and other public sector partners.

 

Draft versions of the Education 2015 document had been presented to the Headteacher Steering Group and to the full Headteacher conference.  Details had been discussed with other partners in the Children and Young People’s Partnership who had been most supportive.  Similarly, the document had been considered, challenged and shaped by School Governor representatives, Teaching Associations and recognised Trades Unions.  Most importantly, staff across the Directorate, supported by members of the Chief Executive’s Department, had participated in workshops to develop and refine the draft which was now presented for Member consideration.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the contents of the Education 2015 document, attached at Appendix A to the report, be approved and that authority be granted to the Cabinet Member for Education and Training, in consultation with the Leader, to agree any minor consequential amendments to the document.

 

Reason for decision

 

That Cabinet approve the document.

 

 

C506              SEN SCHOOL TRANSPORT: RESULTS OF TENDERING EXERCISE AND AWARD OF CONTRACTS (DLD) (SCRUTINY - LIFELONG LEARNING) -

 

Cabinet were advised of the results of a recent re-tendering exercise in respect of a number of SEN School Transport Services due for contract renewal to commence September 2009.

 

57 operators were sent tender documentation a 21 submitted valid returns.  Not all operators tendered for all contracts.

 

Analysis of the tender submissions were weighed in accordance with the agreed criteria with regards to price, vehicle suitability, the availability of trained and qualified drivers and escorts, route assessment and specific information relating to the contractor company.  As a consequence not all the contracts were awarded to the company submitting the lowest price.  This option was agreed in order to ensure wherever possible that drivers and escorts trained and experienced in working with vulnerable pupils with diverse special needs were available.

 

A summary of tender results together with recommendations for the award of contracts were detailed in the appendix to the report.  Two companies currently do not provide bus services in the Vale and references would need to be sought prior to contracts being awarded.  Additionally, there was one contract where the recommendation was to award not in accordance with the criteria.  This is as a result of medical and school advice for a particularly vulnerable autistic pupil.  This exception was detailed in the appendix to the report.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the award of contracts for School Transport Services as detailed in Appendix A to the report be approved.

 

 

Reason for decision

 

To ensure continued School Transport provision from September 2009 which the Council has a statutory obligation to provide.

 

 

C507              PUBLICATION OF THE PUBLIC INQUIRY REPORT INTO THE SEPTEMBER 2005 OUTBREAK OF E.COLI 0157 IN SOUTH WALES (DLPPHS) (SCRUTINY - HOUSING AND PUBLIC PROTECTION) -

 

Cabinet were advised of the publication and recommendations of Professor Hugh Pennington’s report following the Public Inquiry into the September 2005 outbreak of E.coli 0157 in South Wales.

 

A Corporate Task and Finish Group led by the Director of Legal, Public Protection and Housing Services had been established to consider the corporate implications of the Public Inquiry report.

 

The Group, which was scheduled to meet in June 2009, would provide a Corporate response to the Public Inquiry which would be provided to Scrutiny Committee (Housing and Public Protection) for information before being submitted to Cabinet.

 

The first meeting of the Group would be held following consideration of the report by relevant official and professional bodies on a best practice approach and recommendations including the Directors of Public Protection Wales, WLGA and the Food Standards Agency Board.  It was expected that the first meeting would be held early in June.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the main findings and recommendations of the Public Inquiry report into the 2005 outbreak of E.coli 0157 in South Wales, attached at Appendix 1 to the report, be noted.

 

Reason for decision

 

To ensure that Members are apprised of the main findings and recommendations of the Public Inquiry report into the 2005 outbreak of E.coli 0157 in South Wales.

 

 

C508              MAKING THE CONNECTIONS - TRADING STANDARDS SCAMBUSTERS TEAM - AUTHORISATION OF OFFICERS (DLPPHS) (SCRUTINY - HOUSING AND PUBLIC PROTECTION) -

 

Approval was sought for the Vale of Glamorgan Council to authorise Newport City Council and Conway County Council officers of the Scambusters Team (SBT) to investigate and institute proceedings against scam operators and rogue traders within the Vale of Glamorgan Council area.

 

The Department of Business Enterprise and Regulatory Reform had provided funding to support regional teams to combat scams.  The Wales Heads of Trading Standards had submitted a bit to the Department of Business Enterprise and Regulatory Reform for a Newport and Conway based project to cover Wales.  The teams would work both reactively on issues identified for them by others and proactively on issues that they identified themselves.  The Scambusters Team would focus on the following identified priorities driven by the WHoTS intelligence led strategic and tactical assessments:

 

·                    deceptive selling techniques targeting the vulnerable

·                    doorstep crime

·                    high pressure sales

·                    home-working and other “get rich quick” schemes

·                    cold calling

·                    counterfeiting.

 

Scambusters Teams had only been operational since September 2006 but already they had:

 

·                    estimated £3m. savings for customers

·                    seized £2m. worth of criminal assets

·                    uncovered fraud estimated to be worth £16m.

·                    seized 161 pieces of furniture

·                    seized 13,760 illicit cigarettes

·                    been responsible for 9 arrests and 14 vehicles seized including 4 sports cars, and allegedly stolen property seized - in one case alone

·                    closed down 44 e-mail addresses and 24 phone numbers used by national mailing scams

·                    shut down 165 websites of suspected rogue traders.

 

In order to extend the scheme into the Vale of Glamorgan Council area, the existing Newport and Conway Scambusters Team required Proper Officer authorisation to carry out the investigations and for all the associated processes and costs thereof to be delegated to Newport City Council and Conway County Council.

 

There was no alternative means to access the funding for a Scambusters Team, and the degree of expertise and scale of operation required for such a service would not be viable as a stand alone unit in the Vale of Glamorgan Council Trading Standards Team.

 

Cross Border Authorisation:

 

·                    There were a number of circumstances where considerable Corporate and Community gains could be made for trained and experienced officers from the Scambusters Team operating within the Vale of Glamorgan Council, to assist the Council’s Trading Standards Section.

·                    Such circumstances include: a situation where a rogue trader was operating across a number of Authorities and to combat the threat, key officers from across those Authorities would act as a virtual team and take action together, a situation where the necessary enforcement action was o f a large scale and the section had insufficient skilled officers to complete the task (typically this is where simultaneous entry warrants were to be executed), and a situation where an officer who was not known to the trader was required to undertake a covert test purchase.  It was imperative in such circumstances that the officer undertaking the activity was experienced and skilled in the area of law under investigation.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the discharge of its function of the enforcement of the legislation listed in Appendix A to the report, be carried out in the Vale of Glamorgan Council area by Conway County Council and Newport City Council (pursuant to Section 101 of the Local Government Act 1972. Regulation 7 of the Local Authorities (Executive Arrangements) (Discharge of Functions) (Wales) Regulations 2002 as amended and the Local Government Act 2000).

 

(2)       T H A T the Protocol for Scambuster Investigations (attached at Appendix A to the report) be delegated to the Director of Legal, Public Protection and Housing in consultation with the Cabinet Member for Legal and Public Protection to enter into an agreement on behalf of the Vale of Glamorgan Council and approve minor alterations if required.

 

Reasons for decisions

 

(1)       Authorising the Scambusters Team will extend their service to the Vale of Glamorgan.  The Team will provide a fully under-written service that will reduce organised crime, reduce the fear of crime, and improve the wellbeing of the community including our most vulnerable residents.

 

(2)       This area of law enforcement requires specialist expertise, techniques and resources which the Vale of Glamorgan Council Trading Standards would not otherwise have access to.  Members of the Scambusters Team may include officers with high level training and expertise in surveillance techniques as well as security operations on a regional, cross authority basis.

 

 

C509              REVENUE MONITORING FOR THE PERIOD 1^ST APRIL 2009 TO 30^TH APRIL 2009 (CMT) (SCRUTINY - ALL) -

 

Cabinet were advised of the progress of revenue expenditure for the period 1^st April 2009 to 30^th April 2009.

 

The projected outturn for 2009/10 Revenue Budget was shown in comparison with the Revenue Budget at Appendix 1 to the report.  The forecast was for a balanced budget on the Council’s Revenue Budget and the Housing Revenue Account.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the position with regard to the Authority’s 2009/10 Revenue Budget be noted.

 

Reason for decision

 

That the Members are aware of the projected revenue outturn for 2009/10.

 

 

C510              CAPITAL MONITORING REPORT FOR THE PERIOD 1^ST APRIL TO 30^TH APRIL 2009 (CMT) (SCRUTINY - ALL) -

 

Cabinet were advised of the progress on the 2009/10 Capital Programme for the period 1^st April 2009 to 30^th April 2009 and, where necessary, considered requests for changes to the Programme.

 

Appendix 1 to the report detailed financial progress on the Capital Programme as at 30^th April 2009. 

 

Particular reference was made to various schemes and to the consequent need to amend the Capital Programme and, where indicated, to refer to Council for approval.

 

Having considered the report, it was

 

RESOLVED -

 

(1)       T H A T the following changes to the Capital Programme be approved:

 

·                    School Building Improvement Grant 2009/10 - reduce the budget by £291,000 to reflect the actual grant allocation from the Welsh Assembly Government

·                    Flying Start - increase 2009/10 budget by £78,000 funded from the Miscellaneous Buildings Fund

·                    Road Maintenance Grant - increase the 2009/10 Capital Programme by £574,000, funded from WAG grant

·                    Alley Gates Phase 11b - increase the 2009/10 Capital Programme by £139,000, funded from the Visible Services Reserve

·                    Five Mile Lane - increase the 2009/10 Capital Programme by £235,000, funded by WAG’s Principal Road Grant

·                    Rhoose Library Improvements - increase the 2009/10 Capital Programme by £70,000 funded from a WAG grant.

 

(2)       T H A T the following change to the Capital Programme be referred to Council for approval:

 

·                    Community Care and Health - reduce the budget by £1,000,000 (carry forward £1,000,000 into 2010/11).

 

Reason for decisions

 

(1&2)  To allow schemes to be undertaken in this or future financial years.

 

 

C511              COMMUNITY STRATEGY REVIEW (CMT) (SCRUTINY - CORPORATE RESOURCES) -

 

Cabinet were updated on the preparation, in partnership with others, of a revised Community Strategy for the Vale of Glamorgan.

 

The Community Strategy was the overarching strategy for each Local Authority area.  It must provide a long term strategic vision based on a set of shared ambitions agreed with local communities.  The Local Service Board was responsible for developing and agreeing the strategy, although the Council had the statutory lead role in its drafting.

 

An Editorial Group comprising representatives of key partnerships was established to prepare a draft of the new Community Strategy for consultation with relevant stakeholders  The draft was considered by the Local Service Board on 24^th April 2009 and a revised version was circulated to the inaugural meting of the Local Service Forum on 1^st May.  Further revisions had been made and were presented to the Local Service Board (Implementation Group) on 22^nd May.  It was agreed at that meeting to reconvene the Editorial Group to agree a final draft for consultation purposes.

 

The consultation period was proposed to run from June to September, with a view to finalising the new strategy by October 2009.  Electronic copies of the consultation draft would be sent to all relevant partner organisations and series of exhibitions would be held at various locations throughout the Vale.  Briefings on the response to the consultations would be arranged for Council Members and the Local Service Board before the strategy was formally ratified.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the actions taken to review the Vale of Glamorgan Community Strategy be noted.

 

(2)       T H A T the Community Strategy 2010 - 2020 Consultation Draft appended to the report at Appendix 1 be approved for consultation.

 

(3)       T H A T the report be referred to all Scrutiny Committees.

 

Reasons for decisions

 

(1)       To ensure that the Local Service Board produces an effective strategy which benefits local communities as well as meeting its obligations within the terms of the Welsh Assembly Government guidance on Community Strategies.

 

(2)       To ensure Cabinet Members were fully informed of progress and to enable them to endorse the strategy.

 

(3)       To ensure Members are apprised of progress.

 

 

C512              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 indicated be considered.

 

 

C513              REPAIR OF COWBRIDGE TOWN WALLS (DFICTP) (SCRUTINY - CORPORATE RESOURCES) -

 

Urgent by reason of the need to carry out works during the Summer of 2009.

 

Cabinet approval was sought for the payment of up to £60,000 to be used in undertaking repairs to the Cowbridge Town Walls.

 

The Vale of Glamorgan Council owned the freehold interest of the land on which part of the Cowbridge Town Walls was situated.  The relevant section of the wall, shown marked A-B-C on the plan at Appendix A to the report.  As such the repair and maintenance obligation for this section fell on the Council.  The walls were of historic interest and were Grade 2* listed.  Considerable deterioration had occurred over time, and now significant repair works were required.

 

Cowbridge Charter Trust (“the Trust”) had in the recent past worked in conjunction with the Council’s Parks and Ground Maintenance Group to carry out clearance and surveys of the Town Walls.  This was managed with a Service Level Agreement between the Trust and the Council’s Parks and Grounds Maintenance Section.

 

Beginning in 2006, the Trust had undertaken extensive clearance of vegetation around the Town Walls, thus exposing areas of the Town Walls that were hitherto covered in ivy and vegetation growth.  The Trust also undertook an exercise to study the nature of the construction of the Walls in close detail.

 

In February 2008, the Trust had begun restoration work on a section of the Wall between points B and C, shown dotted on the plan attached to the report.  This was carried out with the approval of Cabinet, granted on 12^th December 2007.  The work was financed by a grant from the Welsh Council for Voluntary Action Social Risk Fund and utilised labour from Her Majesty’s Prison Parc.  The model of delivery was for the work to be undertaken as a training scheme for prisoners in stonemasonry under the supervision of a company that had expertise in such work. 

 

The scheme came to an abrupt end before the wall restoration was complete, following a change of policy by the Government regarding the involvement of prisoners. 

 

The Trust has proposed a new scheme to complete the restoration of the Wall by undertaking work in the section between points A and B, shown hatched on the plan attached to the report.  The work was estimated to cost £60,000 all of which the Trust had requested the Vale of Glamorgan Council to pay.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the Director of Finance, ICT and Property in consultation with the Director of Environmental and Economic Regeneration and the Leader be authorised to pay up to £60,000 to Cowbridge Charter Trust to be used in undertaking repairs to the Cowbridge Town Walls.

 

(2)       T H A T the Director of Legal, Public Protection and Housing Services in consultation with the Cabinet Member for Legal and Public Protection be authorised to determine the most appropriate form of legal agreement in respect of the above and that financial regulations and contract standing orders be waived if necessary.

 

(3)       T H A T the Director of Legal, Public Protection and Housing Services in consultation with the Cabinet Member for Legal and Public Protection be authorised to prepare, complete and execute the required legal documentation.

 

(4)       T H A T the Director of Finance, ICT and Property and the Director of Legal, Public Protection and Housing Services in consultation with the Leader and Cabinet Member for Legal and Public Protection seek reimbursement of the appropriate amount from Bro Morgannwg NHS Trust.

 

Reasons for decisions

 

(1)       In order to enable repairs to the Cowbridge Town Walls, owned by the Vale of Glamorgan Council, to be undertaken.

 

(2)       In order to ensure the Council’s interests are protected.

 

(3)       In order to complete the contractual process.

 

(4)       In order to seek reimbursement as appropriate.

 

 

C514              CASE MANAGEMENT INQUIRY ACTION PLAN - PROGRESS REPORT (DSS) (SCRUTINY - SOCIAL CARE AND HEALTH) -

 

Urgent by reason of the need to ensure timely delivery of the Action Plan.

 

Cabinet were informed of the progress made in implementing the Action Plan which was produced in response to the recommendations from the report of the Case Management Inquiry.

 

The report of the Case Management Inquiry was published on Monday 18^th May.  It contained the findings of an urgent and focused review of the way in which a young man was placed by Social Services in a host family where he then seriously abused two children.

 

The recommendations in the report were used as the basis for a detailed Action Plan.  This set out comprehensively how the Council would deal with the causes of inconsistent or poor practice by staff and managers.

 

The Social Services Directorate continued to make progress with the considerable and challenging Change Programme which the Plan required.  An updated version of the Plan was attached at Appendix 1 to the report which showed that all the actions scheduled for May had been completed and that other work was on schedule. 

 

The Deputy Minister had asked CSSIW to advise her about how the matters raised in the report were taken further.  The Chief Inspector had written to the Director of Social Services posing a number of questions about:

 

·                    the management of the case

·                    compliance with the Employers Code of Conduct for Social Care Workers

·                    the implications of the findings.

 

The Director of Social Services had also written to the Chief Inspector about the need to speed up delivery of a draft report from the programme of verification undertaken by CSSIW across Wales in respect of the safeguarding audits which were undertaken by all local authorities and Local Safeguarding Children Boards in response to the Baby P case.  The report from this Council in respect of the audit described the Vale as having a solid foundation upon which to build improved safeguarding services.  However, it also acknowledged:

 

·                    continuing inconsistency in applying policies and procedures

·                    considerable pressures on staff

·                    elements of professional practice in respect of assessment which could be overly optimistic

·                    the need to ensure that management of risk is more systematic and better recorded.

 

Inspectors carried out the field work element of this programme in March and a draft report was to have been made available in weeks.  However, the CSSIW was now saying that it aimed to send a draft report to the Council for comment on factual accuracy in the last two weeks of July and that it was asking for a response within five working days.  The Director of Social Services had asked for assurances that the findings would not be shared outside CSSIW until the Council had been able to respond.  At the same time, he asked for an account of any casework investigated by CSSIW in the Vale during the past year and of any concerns from other agencies about the local authority’s child protection work.  To date, no response had been received from CSSIW in respect of this correspondence.

 

The Social Services Improvement Agency had been asked to consider as a matter of urgency how it could support the Council in the delivery of the Action Plan.  The Agency was a partnership enterprise between the Welsh Local Government Association, ADSS Cymru and the Welsh Assembly Government.  It could make support to local authorities available in a number of different ways including:

 

·                    sharing good practice from other areas across Wales and further afield

·                    providing consultancy support

·                    providing external facilitation.

 

The response had been very prompt and the areas discussed to date are:

 

·                    establishing and monitoring a process to ensure robust case file management and audit

·                    development of a risk management framework

·                    the review and implementation of the current Social Services staff supervision policy.

 

There had been helpful discussions between the Local Safeguarding Children Board and CSSIW about the arrangements for conducting a Serious Case Review in respect of this matter, as required by Welsh Assembly Government Guidance.  The Council would be expected to contribute fully to this review.

 

Officers had also been working to improve the local partnership arrangements for managing people who pose a risk to others in the community.  All public bodies were required by law to have regard to the new guidance in exercising their functions under the Multi Agency Public Protection Arrangements (MAPPA).  The Chief Executive had agreed a Memorandum of Understanding with the Chair of the Strategic Management Board (SMB) of the South Wales MAPPA, alongside a document setting out the roles and terms of reference for the SMB.  The Guidance suggests that Social Services should be represented on the SMB by a senior manager who could provide an overview of all vulnerable groups who receive social care services.  In the Vale of Glamorgan this was likely to be the Operational Manager responsible for Protection and Quality.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the progress report on the programme of work arising from the Action Plan be accepted.

 

(2)       T H A T the progress report be referred to the next meeting of the Scrutiny Committee for Social Care and Health.

 

Reasons for decisions

 

(1)       To ensure that

 

·                    Cabinet is aware of the progress made in delivering the Action Plan

·                    actions in the Plan are achieved promptly and with the right outcomes for people who depend upon good quality social care services.

 

(2)       To ensure that the Scrutiny Committee is able to exercise effective oversight of the way in which the Action Plan is implemented.