CABINET
Minutes of a meeting held on 24th
March, 2010.
Present: Councillor G.C. Kemp
(Chairman); Councillor T.H. Jarvie (Vice-Chairman); Councillors
Mrs. J.E. Charles, P. Church, G.A. Cox, A.M. Ernest, A.D. Hampton,
H.J.W. James, R.L. Traherne and Mrs. D.M. Turner.
Also present: Councillor R.F.
Curtis.
C814
MINUTES -
RESOLVED - T H A T the minutes of the meeting
held on 17th March, 2010 be approved as a correct
record, subject to the following amendments:
·
Min. No. C785 - add Councillor Mrs. D.M. Turner - Agenda Item No.
19 - lives near the coast and erosion could affect the value of her
house.
·
Min. No. C808 - amend Recommendation to read 'That the above
recommendations of the Scrutiny Committee be accepted with the
exception of those relating to the amendment of PROWs'.
C815
DECLARATIONS OF INTEREST -
No declarations were received.
C816
LLANTWIT MAJOR CONSERVATION AREA APPRAISAL AND MANAGEMENT PLAN -
REPORT OF CONSULTATION (REF) -
Cabinet had, on 17th March, 2010
deferred consideration of the reference from the Planning Committee
in respect of the above in order that it be considered at the same
time as the reference from the Scrutiny Committee (Economy and
Environment). The aforementioned Appraisal and Management
Plan had initially been considered by the Conservation Advisory
Group, the Members of which had agreed that Cabinet should be asked
to consider requesting officers to amend the text of the Appraisal
and Management Plan to describe land to the north east of the Great
House as important open space in the context of its setting.
The Planning Committee had subsequently accepted that viewpoint and
had referred the same to Cabinet. The Scrutiny Committee
(Economy and Environment) had, on 9th March, 2010
undertaken a site visit of the area in question prior to its final
consideration of the Appraisal and Management Plan.
In addition to the Great House Meadows
Development, other sites within Llantwit Major were also visited in
order to understand the issues which had been referred to by the
local representatives and local Members. A further request
was made that the Great House Meadows development, the Great House
and a further property namely Dyffryn House at the west end of
Llantwit Major be considered for inclusion in the Conservation
Area. The Head of Service had advised that the boundary had
been reviewed to ensure that the Conservation Area reflected the
special architectural or historic interest groups of
building. The Great House itself was a listed building and
would have significant protection as a result of that listed
status. With regard to Dyffryn House he concurred that it was
located in a prominent spot next to the 'workmen's 'terrace' which
could be included in the Conservation Area in view of its prominent
setting, architectural and historic interest and its extremely
close proximity to historical buildings. The Committee had
subsequently recommended that Cabinet be asked to consider that
Dyffryn House at the west end of Llantwit Major be included within
the Conservation Area.
RESOLVED -
(1) T H A
T the recommendation of the Planning Committee, that the text of
the Appraisal and Management Plan be amended to describe land to
the northeast of the Great House as important open space in the
context of its setting, be noted.
(2) T H A
T recommendation (1) of the Scrutiny Committee (Economy and
Environment), that Dyffryn House at the west end of Llantwit Major
be included within the Conservation Area, be accepted.
(3) T H A
T recommendation (2) of the Scrutiny Committee (Economy and
Environment) be noted.
C817
PRISONER HOUSING ADVICE SCHEME (REF) -
The Scrutiny Committee (Housing and Public
Protection) had, on 10th March, 2010 considered a report
relating to a pilot scheme which would provide housing advice and
prevention services to homeless prison leavers which, it was
proposed, should be implemented on 1st April,
2010. The pilot would inform a review of the existing Prison
Linc Service and would be part funded by the Council and nine other
South East Wales Local Authorities which formed part of the South
East Wales Regional Homelessness Network. Given the way the
current scheme was structured, homelessness prevention could not be
fully explored. The WAG was funding the initiative through
Section 180 funding and had confirmed it did not have any long term
commitments in that respect. WAG had, however, indicated
support for the Prisoner Housing Advice Scheme pilot with a view to
offering continuation funding for future years assuming it met the
required outcomes. The anticipated allocation of funds would
reflect objectives identified in the Council's Homelessness
Strategy Action Plan and it was proposed that this Council would
part-fund the scheme with £8k. which would go towards the funding
of an advice worker. The Scrutiny Committee had subsequently
recommended to Cabinet that the Prisoner Housing Advice Scheme be
endorsed and that the Council participate in the pilot scheme.
RESOLVED - T H A T the recommendation of the
Scrutiny Committee (Housing and Public Protection) be endorsed.
C818
SICKNESS ABSENCE - APRIL 2009 TO DECEMBER 2009 (HRE) (SCRUTINY -
CORPORATE RESOURCES) -
Absence figures for the Council for the
aforementioned period excluding schools were as follows:
|
|
Annual Target 2009/2010
|
Apportioned Target - 9 months
|
Total April - December 2009
|
|
Average lost days/ shifts per FTE
Corporate
|
10.77
|
8.1
|
7.5
|
|
Percentage of lost time by FTE
Corporate
|
4.3%
|
|
4%
|
|
Total days lost
|
|
|
16726.86
|
Compared with the same period last year, where
the apportioned nine month total was 9.7, the above showed a
reduction of 1.97 days. It was noted that all Management of
Attendance meetings with the appropriate Cabinet Members had now
been arranged and that, at a meeting of the Directorate Champions,
the Chief Executive had acknowledged the work already carried out
by Managers but emphasised the need for continual attendance
monitoring and adherence to the policy requirements. All
present had been asked to consider sickness targets for each
Division and to make a recommendation ready for 2010/11.
The Cabinet Member referred to the fact that
sickness absence figures in relation to schools had, however, shown
an increase of 1.89 days over 2008/09. She also drew
attention to the fact that a recent Audit Report had been received
which would be reported to Cabinet in due course.
This was a matter for Executive decision.
RESOLVED - T H A T the report be accepted and
referred to the Scrutiny Committee (Corporate Resources) for
comment.
Reason for decision
To bring matters to the attention of Members
in line with corporate aims and objectives.
C819
COUNCIL HOUSING STOCK - REGISTERED SOCIAL LANDLORD (HCS) (SCRUTINY
- HOUSING AND PUBLIC PROTECTION) -
Cabinet had previously agreed that tenants
should be consulted to ascertain whether the transfer of the
housing stock, if approved, should be to an existing or newly
created RSL. A newsletter had subsequently been sent out to
all Vale tenants outlining the options in relation to a transfer
landlord and the make-up of the Shadow Board. A copy of the
newsletter was appended to the report and it was noted that 12
tenants had responded in relation to their social landlord
preference. Those responses included a mixture of support for
a newly formed RSL, assurances of tenancy rights and issues with
regard to the current housing stock. It was reported that of
all the local authorities in Wales which had transferred housing
stock to date, all Councils had established a newly formed RSL for
reasons such as
·
a free standing independent body which had its focus solely on the
Council stock and offered maximum accountability to tenants
·
performance of the organisation more transparent and easily
monitored
·
deliver the necessary investments and safeguarded the interests of
tenants and staff
·
a landlord 'fit for purpose', properly constituted, locally
accountable and accessible
·
maximise the benefits to tenants and the local economy
·
easier to integrate existing Council staff into a new
organisation.
As outlined in the previous Cabinet report,
the constitutional model for the new RSL would be a matter for the
Shadow Board to determine.
This was a matter for Executive decision.
RESOLVED - T H A T a newly formed Registered Social Landlord be
established and developed in readiness for a transfer of the
Council's owned housing stock.
Reason for decision
To enable the Council and Shadow Board to
proceed with the transfer should tenants agree to transfer (ballot
to take place February 2011).
C820
CERI ROAD, RHOOSE - MANAGEMENT AND MAINTENANCE
AGREEMENTS WITH SPORTS CLUBS AND LANDLORD'S PERMISSION TO ERECT A
STAND (VBS) (SCRUTINY - ECONOMY AND ENVIRONMENT) -
Authority was sought to obtain Landlord's
consent and waiver of covenant to the granting of a sub-lease to
Rhoose Football Club and the erection of a stand and siting of a
storage container on land at Ceri Road, Rhoose, and the entry into
an appropriate Management Agreement with Rhoose F.C. and other
users relating to the same.
It was noted that the Parks and Grounds
Maintenance Service currently managed the pavilion at Ceri Road,
Rhoose. The Council did not own all the land at the
site. Part of the site was on an 999 year lease from
1st January 1920 and the Council was not permitted to
alienate in any way the whole or any part of the land without the
Lessor's consent. Both the proposed sub-lease and Management
Agreement and the erection of a stand would require, therefore, the
Landlord's consent/waiver of covenant.
Rhoose F.C. had requested permission to erect
a fence and pedestrian gates along Ceri Road. Rhoose F.C.,
Sully Centurions Cricket Club, Rhoose Cricket Club, Mayflower
Cricket Club and Wenvoe Cricket Club all wished to be involved in
the management and maintenance agreement to manage the pavilion and
the sports facilities and pitches. Rhoose F.C. had also
requested that its 1st team should not pay a match fee
as part of the proposed agreement together with Landlord's
permission to site a shipping container in the car park next to the
existing containers.
The Management and Maintenance Agreement
requested was similar to that in place at Windmill Lane, Llantwit
Major which generally worked well. It was noted that the
Windmill Lane Agreement had monitoring arrangements identified
within the document and also identified good mechanisms for the
auditing of accounts and financial payments.
Further details as to the content of the
agreement were contained within the report.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T authority be granted to the Director of Environmental and
Economic Regeneration, in consultation with the Cabinet Member for
Visible and Building Services, to enter into negotiations to agree
Heads of Terms with the Landlord to obtain consent and waiver of
covenant to both the granting of the sub-lease and erection of a
stand and siting of a storage container at Ceri Road, Rhoose.
(2) T H A
T a form of Management Agreement for the use of the pavilion at
Ceri Road, Rhoose involving Rhoose F.C., Sully Centurion's Cricket
Club, Rhoose Cricket Club, the Mayflower Cricket Club and Wenvoe
Cricket Club be approved.
(3) T H A
T authority be granted to the Director of Environmental and
Economic Regeneration to agree to the location of fencing required
by Rhoose F.C. in consultation with local Ward Members and the
Cabinet Member for Visible and Building Services.
(4) T H A
T the Director of Legal, Public Protection and Housing Services be
authorised to agree the form of Lessor's consents and waiver, the
proposed sub-lease and Management Agreements, and any licences on
behalf of the Council and to register the same if appropriate.
Reasons for decisions
(1) To
provide the necessary authority to agree the installation of
facilities on land leased to the Council.
(2) To
support and assist the work of voluntary sports groups whilst
protecting the interests of the Council in the future control of
the pavilion.
(3) To provide the necessary
authority to agree the location of fencing on the field.
(4) To
ensure the correct preparation, execution and completion of the
relevant legal documentation.
C821
LEISURE CENTRES (TL) (SCRUTINY - ECONOMY AND ENVIRONMENT)
-
Future management options in respect of the
above were outlined within the report and authority sought to
commence the process of procuring a partner organisation to manage
the Council's leisure centres. Whilst it was considered
important to maintain good quality leisure facilities with good
public access for residents of the Vale, the service and the
Council were facing severe financial challenges. It was noted
that the total savings target for the Directorate as a whole
amounted to over £2m. over the next two years and any deficit in
terms of leisure centre revenue was just another cost pressure for
the Directorate. It was accepted that there were a number of
reasons for the current and future financial pressures on the
Council's leisure centres and details of the current financial
position for each centre, together with usage and required capital
investment, were appended to the report. Using data
extrapolated from the latest property condition survey and latest
mechanical services audits and updating it to current prices, the
estimated capital investment required for leisure properties,
excluding Jenner Park, was approximately £1.79 m. Due to the
declining availability of both revenue and capital resources,
therefore, it appeared that the Council's provision of leisure
facilities in its current format was unsustainable.
An appraisal of possible future management
options had been completed and had been considered by the Scrutiny
Committee (Economy and Environment) in November 2009. That
Committee had called for further reports on the options available
in order to submit recommendations to Cabinet. As part of the
appraisal process, the first consideration had been to review
existing services in order to identify any potential cost savings
although it had been considered that in order to achieve the level
of savings required, minor changes to service provision would not
be sufficient and that the only substantial option would be to
close facilities. Before coming to a final conclusion, it had
therefore been decided to pursue all possible alternatives prior to
making a decision. The possibility of forming an in-house
Trust had been considered but had been discounted for the reasons
set out in Paragraph 10 to the report. Meetings had been held
with four potential partners from both existing Leisure Trusts and
private contractors. Early market testing had yielded little
interest from the major Leisure Trusts although smaller Leisure
Trusts had indicated interest. Concerns about quality issues
and dependence on the expertise of only a few key members of staff
within smaller Trusts had been expressed although it was accepted
that in the future some of the more established Trusts might show
an interest.
Attention was drawn to the fact that there was
now a group of well-established Leisure Contractors actively
seeking new local authority business. They had developed
business models which allowed them to operate hybrid Trusts that
allowed NNDR relief and some VAT advantages compared to a normal
DSO operation. As they usually operated facilities across the
UK, they could bring significant economies of scale and increased
purchasing power through bulk purchasing, allowing also for
national branding and the possibility for Vale users to access
leisure facilities across the UK at other facilities provided by
Trust operators. Current employment legislation provided a
variety of employment and associated benefits for those staff who
might transfer to any service provider.
Available evidence suggested that where
Leisure Services had been outsourced to large specialist
contractors, the opportunities for career progression in terms of
professional development specialism and promotion had been
enhanced. As Client, the Council would still have to invest
in the buildings and it was envisaged that part of the savings
arising from the tendering process could contribute to the
modernisation/refurbishment of the sites. The option
appraisal had identified that seeking an external partner to manage
the Council's leisure facilities would seemingly offer the best
solutions to the problems currently faced. The Council would
not lose control of service provision as the delivery of core
services and pricing could be part of any contract specification
and be specified by the Council. The contract would also
include performance and quality standards. The options
appraisal endorsed the major recommendation of the Torkildsen
Barclay Consultant's report commissioned by the Council in 2006, a
summary of the recommendations of which were appended to the
report. It was considered that in order to address the
various issues raised in the seeking of an external partner, and
given the need to ensure the Council's interests were protected, it
would be necessary to seek specialist professional assistance
during the course of the process. That assistance would have
to be procured in accordance with the Council's financial
regulations and would provide support in financial analysis, bid
evaluation, commercial negotiation and procurement documentation
etc. To assist in the process, to ensure good communication
and to prevent unnecessary delays it was also recommended that a
small cross-party Advisory Group be formed to meet during the
procurement process as issues arose. It was proposed that the
Group would comprise of the Cabinet Member for Tourism and Leisure,
the Chairmen of the Scrutiny Committees (Corporate Resources) and
(Economy and Environment) together with a representative from each
of the Independent and Labour Groups. It was considered that
the earliest feasible timescale to be in a position to appoint a
partner organisation would be early 2011. It was therefore
proposed to continue with leisure facilities in their current
format until such time as it was considered that the range of
facilities to be provided was best discussed with any potential
future provider as part of contract negotiations. It was
noted that the cost of employing specialist consultants had been
estimated at £35k., that cost to be funded initially from the
Directorate's revenue budget.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the Director of Environmental and Economic Regeneration in
consultation with the Directors of Finance, ICT and Property and
Legal, Public Protection and Housing Services and the relevant
Cabinet Members be authorised to procure a partner organisation to
manage the Council's leisure portfolio and that a further report be
submitted to Cabinet prior to the appointment of any external
partner.
(2) T H A
T a specialist leisure consultant be appointed in consultation with
the Director of Finance, ICT and Property to assist in the process
and provide advice on the contract terms and conditions,
specification, length of contract, contract package etc.
(3) T H A
T a cross-party Advisory Group of Members be established comprised
as follows: Chairman: Cabinet Member for Tourism and Leisure,
Councillors J.F. Fraser, G. John, C.J. Williams, M.R. Wilson and
Ms. M. Wright.
(4) T H A
T the report be referred to the Scrutiny Committee (Economy and
Environment) for consideration.
Reasons for decisions
(1) To
enable the leisure centre service to be maintained to an acceptable
standard whilst reducing operating costs and with the intention of
overall improving the quality of service.
(2) To
ensure that the process is managed efficiently and effectively.
(3) To
keep Members of all parties informed of progress and to ensure a
wide geographical spread.
(4) To
ensure the involvement of the Scrutiny Committee.
C822
WELSH LANGUAGE EDUCATION SCHEME 2009 - 2014 (ELL) (SCRUTINY -
LIFELONG LEARNING) -
Approval was sought for the Welsh Language
Education Scheme 2009 - 14 following lengthy consultation and
confirmed approval by the Welsh Language Board.
The Welsh Education Scheme had been prepared
in accordance with the requirements of the Welsh Language Act
1993. Copies of the final version of the scheme were either
appended to the report or available for inspection in the Members
Room. It was noted that the main issue raised during
consultation had been a concern about capacity within the Welsh
Medium Primary School sector and that the report had been amended
to address that aspect on the basis of the proposals recently
approved by Cabinet.
This was a matter for Executive decision.
RESOLVED - T H A T the final version of the
Welsh Language Education Scheme 2009 - 2014 be approved.
Reason for decision
Full public consultation had taken place and
the Scheme had been approved by the Welsh Language Board.
C823
SCHOOL INSPECTION REPORTS (ELL) (SCRUTINY - LIFELONG LEARNING)
-
By way of background it was explained that
schools were inspected under Section 10 of the Schools Inspection
Act 1996 (as amended) and details of those matters Inspectors were
required to report on were contained within the report.
During 2009 six primary schools and one secondary school had been
inspected, namely:
·
Llanilltud Fawr Primary
(Standard)
·
Palmerston
Primary (Standard)
·
St. Andrews Major
Primary
(Standard)
·
St. Athan C/W
Primary (Standard)
·
Victoria
Primary (Short)
·
Ysgol Gwaun y
Nant (Short)
·
Llantwit Major
Comprehensive
(Full).
A summary of the above inspections was
appended to the report.
The Cabinet Member went through each of the
inspection reports, drawing attention to the generally high
standard evidenced therein. It was noted that, where
appropriate, officers from the Council would support schools in the
implementation of the Inspectors' recommendation.
This was a matter for Executive decision.
Following consideration of the outcome of the
school inspections it was
RESOLVED -
(1) T H A
T the outcome of the School Inspection Reports be welcomed and
endorsed.
(2) T H A
T the Director of Learning and Development ensure that School
Action Plans to address identified areas for development were
monitored as part of the School Improvement Service work
programme.
(3) T H A
T the schools concerned be congratulated on the many positive
elements of the reports.
Reasons for decisions
(1) To
have regard to the current position.
(2) To
ensure areas for development are addressed.
(3) To
recognise the development of schools.
C824
ST. ATHAN DEVELOPMENT - SERVICE IMPACT ASSESSMENT (EDR) (SCRUTINY -
ECONOMY AND ENVIRONMENT) -
To address the wide ranging impacts of the St.
Athan Development, a cross-departmental Officer Working Group had
been formed early in 2008 and had now completed a broad assessment
of the anticipated opportunities and pressures likely to be
generated by the development. The same was presented for the
consideration of Members in the baseline Service Impact Assessment
appended to the report.
It was noted that other groupings also existed
in relation to the project as follows:
·
a Ministerial Steering Group chaired by the Deputy First
Minister/Minister for Economy and Transport
·
the Vale of Glamorgan Local Service Board through its five key
Partnerships was examining the impact of the proposals on its
public services
·
at a sub regional level neighbouring authorities had been assessing
the impact/opportunities of the project
·
a local St. Athan Forum chaired by Jane Hutt, AM.
The purpose of the Service Impact Assessment
was to, in brief,
·
outline the Council's project management arrangements
·
outline the national sub regional and local policy context
·
summarise key elements of the development and identify the baseline
data and information utilised in the compilation of the SIA
·
identify measures that the Council could put in place to promote
and support the St. Athan development
·
provide a cross-departmental assessment of the potential impacts
and set out measures to maximise the opportunities and
minimise/mitigate potential pressures
·
identify the resource implications
·
ensure the Council was in a position to work proactively to
encourage the delivery of the development in the best interests of
the Vale.
The Assessment also included an Executive
Summary setting out the key issues and, within Section 4 of the
document, the potential opportunities and pressures the development
could have for the Council's service areas were listed.
Members accepted that it was premature at this juncture to identify
resource implications.
This was a matter for Executive decision.
Following consideration of the remainder of
the report together with the Assessment document itself, it was
RESOLVED - T H A T the Service Impact
Assessment be endorsed and authority given to continue discussions
of the key issues and impacts of the St. Athan Development with
Metrix, WAG, the MoD and other key stakeholders at a local, sub
regional and national level.
Reason for decision
To obtain endorsement of the SIA document as
appended to the report and to continue discussions of the key
issues and impacts of the St. Athan Development with Metrix, WAG,
the MoD and other key stakeholders at a local, sub regional and
national level.
C825
EXCLUSION OF PRESS AND PUBLIC -
RESOLVED - T H A T under Section 100A(4) of
the Local Government Act 1972, the press and public be excluded
from the meeting for the following item of business on the grounds
that it involves the likely disclosure of exempt information as
defined in Part 4 of Schedule 12A (as amended) of the Act, the
relevant paragraphs of the Schedule being referred to in brackets
after the minute heading.
C826
PENARTH CENTRAL RENEWAL AREA: GROUP REPAIR PHASES 8A AND 8B -
APPOINTMENT OF CONTRACTORS (HCS) (EXEMPT INFORMATION - PARAGRAPH
14) (SCRUTINY - HOUSING AND PUBLIC PROTECTION) -
Four tenders had been received in respect of
Phase 8A together with four for Phase 8B. The priced
schedules of work from the lowest tenderers in respect of each had
been checked and found to be arithmetically and technically
correct. It had been considered that the rates were generally
consistent and reasonable for the work.
This was a matter for Executive decision.
RESOLVED - T H A T, subject to the contractors
providing satisfactory Health and Safety Plans for the construction
stage and the required Performance Bonds, the tender of £373,395.00
from Contract Services Ltd. for Phase 8A and £560,567.50 from
Roalco Ltd. for Phase 8B be accepted and that the Council enter
into a contract with each to undertake Phases 8A and 8B
respectively of the Group Repair Programme in the Penarth Central
Renewal Area.
Reason for decision
To enable progress of the Group Repair
Programme.