CABINET

 

Minutes of a meeting held on 23^rd June, 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.

 

 

C923              MINUTES -

 

RESOLVED - T H AT the minutes of the meeting held on 2^nd June, 2010 be approved as a correct record.

 

 

C924              DECLARATIONS OF INTEREST -

 

Councillor AD Hampton declared an interest as indicated below, and left the room whilst the item was under consideration:

 

Agenda Item No. 9 - Vale of Glamorgan Citizens Advice Bureau - Funding.

 

 

C925              PENARTH TOWN CENTRE TASK AND FINISH GROUP (REF - MIN. NO. 42) -

 

Cabinet had, on 14^th April, 2010, received an assessment of the recommendations of the report from the above Task and Finish Group prepared by the Director of Environmental and Economic Regeneration.  Cabinet had referred that assessment to the Scrutiny Committee (Economy and Environment) prior to a further report on the matter being brought before Cabinet.  The Scrutiny Committee had considered that report on 25^th May and, whilst the majority of Members at the Scrutiny Committee considered that the report was encouraging, they were fully aware that some of the recommendations were subject to the availability of funding.  Members took the view that it was an aspirational report although it was noted that a number of the recommendations had already been accepted by the Director and would be pursued.  Members were, however, concerned to note that there were no timescales reflected in the report for when the actions would be implemented and they considered it important for local residents to have feedback on the recommendations.  The Scrutiny Committee subsequently requested Cabinet to inform the Scrutiny Committee of the dates when those recommendations which had been agreed were scheduled to be implemented.

 

RESOLVED -

 

(1)       T H A T, in view of the range and variety of those recommendations and to the fact that some would require funding, an undertaking be given that all would be completed within 12 months subject to funding being made available, that date being 25^th May, 2011.

 

(2)       T H A T recommendations (2) and (3) of the Scrutiny Committee be noted.

 

Reasons for decisions

 

(1)       In order to identify timescales.

 

(2)       For information.

 

 

C926              BARRY DOCKS LINK ROAD UPDATE (REF - MIN. NO. 44) -

 

The Scrutiny Committee (Economy and Environment) had, on 25^th May, 2010 requested Cabinet to erect black spot signs on the Barry Docks Link Road in order to try to alleviate speeding and accidents on the highway prior to a final solution being found, a report relating to safety issues on the Link Road having been previously considered by both this Committee and Cabinet.  On 25^th May, the Scrutiny Committee agreed that whilst a traffic light system would be the most suitable course of action, a further consultant’s report would be required to look into all the options in order for the Council to have a full understanding of the issues and the reasons why any options should be discounted.  As indicated above, and in order to make immediate progress, the Scrutiny Committee had agreed to recommend the use of “black spot signs” as a temporary measure.

 

RESOLVED - T H A T the erection of an appropriate sign warning of the dangers at the junction in question be approved and that Recommendation (3) of the Scrutiny Committee be accepted.

 

Reason for decision

 

To address safety issues.

 

 

C927              CYCLING (REF - MIN. NO. 45) -

 

In response to a request for consideration of matters pertaining to cycling in the Vale and the possible provision of cycle hire facilities, the Scrutiny Committee (Economy and Environment) received a presentation which gave an overview of cycling within the Vale. The presentation also covered the various national and regional strategies together with pertinent references from the Community Strategy and the Unitary Development Plan. Members recognised that the Council’s cycling strategy, developed in 1997, was in need of updating although a number of proposals in that document had been addressed. Reference was made to Pont y Werin and to the fact that this Council was now committed to developing a network of core and aspirational links to the bridge along with various other initiatives throughout the Vale.

 

Having considered the above together with suggestions put forward by Members, the Committee recommended that Cabinet

 

·                         be asked to approach Sustrans or SEWTA regarding the possibility of providing adult and family cycling classes to encourage the public to cycle and cycle safely

·                         to sanction the updating of the Vale of Glamorgan cycling strategy

·                         to consider the appointment, when funding became available, of a “Sustainable Travelling Officer”.

 

RESOLVED -

 

(1)       T H A T, whilst the view taken was that funding was likely to be unavailable for either Sustrans or SEWTA, Recommendation (2) of the Scrutiny Committee be accepted and the Head of Planning and Transportation asked to make a written approach to Sustrans and SEWTA along the lines indicated in the recommendation.

 

(2)       T H A T Recommendation (3) of the Scrutiny Committee in respect of updating the Cycling Strategy be accepted.

 

(3)       T H A T, the request of the Scrutiny Committee that a 'Sustainable Travelling Officer' be appointed be noted and an undertaking given that, should finance become available, a report covering the matter would be submitted to Cabinet.

 

Reasons for decisions

 

(1-3)    To comply with the request of the Scrutiny Committee.

 

 

C928              OCCUPATIONAL THERAPY (OT) AVAILABILITY (LOCAL AND NATIONAL) (REF - MIN. NO. 52) -

 

The Scrutiny Committee (Social Care and Health) had, on 26^th April, 2010 considered the above and made the following recommendations:

 

·                         that the national and local position with regard to the supply and demand levels of qualified Occupational Therapists be noted

·                         that the OT Team be congratulated on the progress made in reducing waiting lists

·                         that the new initiatives funded from the Promoting Independence and Wellbeing Grant be noted

·                         that the Scrutiny Committee (Housing and Public Protection) consider the appointment of an additional senior OT and part time administrative support officer in order to reduce the number of voided tenancies and ensure that adapted properties were allocated appropriately

·                         that an update report in relation to the OT Service be presented to the Scrutiny Committee in September/October, 2010.

 

The Scrutiny Committee (Housing and Public Protection) had subsequently (on 26^th May) supported the above recommendations and referred consideration of both those recommendations and the report to Cabinet, drawing Cabinet’s attention in particular to paragraphs 5, 8 and 9 of that report together with the Resource Implications as contained therein.

 

Having considered the above, Cabinet

 

RESOLVED - T H A T the reference be noted and referred to the Budget Working Group for consideration.

 

Reason for decision

 

To allow in-depth consideration to be given.

 

 

C929              EXTERNAL AUDIT REVIEW OF SICKNESS ABSENCE - NOVEMBER 2009 (REF - MIN. NO. 63) -

 

The Audit Committee had, on 27^th May, 2010 considered the above which had been prepared as part of Grant Thornton’s audit plan 2008/09, the underlying purpose of which was to determine whether progress had been made in developing a more strategic approach to absence management.

 

The report provided a favourable overview of the progress made to date and specifically referred to the Council taking action to “considerably improve the management of sickness absence over the last year”. Members had noted that the Auditor’s recommendations would be incorporated into the existing internal Management of Absence Action Plan, that sickness absence reports would continue to be submitted to both the Scrutiny Committee (Corporate Resources) and to Cabinet, and that ongoing monitoring by officers and individual Cabinet Members would continue.

 

The Committee had subsequently noted the report, endorsed the recommendations therein and referred the views expressed by Grant Thornton to Cabinet.

 

The Cabinet Member for Human Resources and Equalities updated Members in respect of the latest corporate sickness absence figures by referring to the fact that the figure had now decreased to 8.33 days and congratulated all managers and officers involved in managing the process.

 

RESOLVED - T H A T the Recommendations made by Grant Thornton LLP UK be noted and the Recommendations as set out within the Audit Report endorsed.

 

 

Reason for decision

 

To ensure that the progress and recommendations were implemented.

 

 

C930              VALE OF GLAMORGAN CITIZENS ADVICE BUREAU (CAB) - FUNDING (L) (SCRUTINY - CORPORATE RESOURCES) -

 

An outline of the generalist advice services to be provided by the CAB was set out in the report. Having considered the services to be provided and a request for an increase in funding in line with inflation, Members were notified that further funding could be provided in the sum of £162k. per annum.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T funding to the Vale of Glamorgan Citizens Advice Bureau in the sum of £162k. be approved for the year commencing 1^st April, 2010 in respect of generalist services as detailed in the report.

 

(2)       T H A T a Deed of Grant for one year from 1^st April, 2010 be entered into with the Vale of Glamorgan Citizens Advice Bureau.

 

Reasons for decisions

 

(1)       To demonstrate the Council's commitment to the provision of the CAB service in the Vale of Glamorgan.

 

(2)       To formalise funding arrangements with the CAB.

 

 

C931              IMPROVEMENT PLAN 2010/11 - PART 1 (L) (SCRUTINY - ALL) -

 

Following the implementation of the Local Government Measure 2009, the Council was required to publish two Improvement Plans each year. The first part of the Plan was appended to the report and set out the Council’s objectives and plans to achieve those objectives during 2010/11. Members noted that publication of the above Plan had been delayed to await the adoption of the new Corporate Plan which had been agreed by Council on 5^th May. Members also noted that the Plan appended to the report contained only information looking forward and that performance information would be included in the second part of the Plan to be published in October.

 

Attention was drawn to the fact that virtually all the information contained within the Improvement Plan had previously been reported to Members through, for example, consideration of the Corporate Plan, the Community Strategy and Service Plans. 

 

This was a matter for decision by Council.

 

RESOLVED -

 

(1)       T H A T the final draft of the Improvement Plan for 2010/11 be endorsed.

 

(2)       T H A T the Chief Executive in consultation with the Leader be authorised to finalise the Plan.

 

(3)       T H A T the Plan be referred to Council on 30^th June, 2010 for adoption.

 

Reasons for decisions

 

(1)       To ensure that actions taken to improve services.

 

(2)       To agree the Plan for external audit within required timescales.

 

(3)       Because the Improvement Plan required endorsement by Council.

 

 

C932              TREASURY MANAGEMENT (L) (SCRUTINY –CORPORATE RESOURCES) -

 

The primary requirements of the Chartered Institute of Public Finance and Accountancy Code of Practice on Treasury Management required:

 

·                         creation and maintenance of a Treasury Management Policy Statement which set out the policies and objectives of the Council's Treasury Management activities

·                         creation and maintenance of Treasury Management Practices which set out the manner in which the Council would seek to achieve those policies and objectives

·                         receipt by the Cabinet of an annual strategy and plan in advance of the year, a mid year review and an annual report of the previous year

·                         delegation by the Council of responsibilities for implementing and monitoring treasury management policies and practices and for the execution and administration of treasury management decisions

·                         the nomination of a body (Scrutiny Committee - Corporate Resources) to be responsible for ensuring effective scrutiny of the treasury management statement and policies.

 

The annual treasury report before Members covered:

 

·                         the economy/interest rates in 2009/10

·                         the strategy for 2009/10

·                         the borrowing outturn for 2009/10

·                         the investment outturn for 2009/10

·                         compliance with treasury limits and Prudential Indicators.

 

Further details in respect of each of the above were contained within the report.

 

It was noted that the final guidance on Local Government Investments received in April 2010, contained a small number of changes to drafts originally issued and used in the preparation of the Treasury Management and Investment Strategy 2010/11 previously agreed by the Council.  It was consequently necessary to add the following to the second bullet point in paragraph 9.2 of the Treasury Management and Investment Strategy 2010/11:

 

'In addition the opportunity is taken at these meetings to consider and action the requirements of the Treasury Management Team for staff training in investment management'.

 

RESOLVED - T H A T the report on Treasury Management 2009/10 be accepted and the amendment to the Treasury Management and Investment Strategy 2010/11 (as indicated above and as set out in paragraph 32 of the report) be approved and that the report be referred to Council.

 

Reason for decision

 

To accept, approve amendment and refer the report to Council.

 

 

C933              CLOSURE OF ACCOUNTS 2009/10 (L) (SCRUTINY – CORPORATE RESOURCES) -

 

Cabinet was informed of the provisional financial position of the Council for the 2009/10 financial year and of the major financial issues arising during 2009/10. 

 

General Fund

 

Members considered the table set out below which compared the amended 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
1,578	Education and Schools	86,562	86,534	+28
(50)	Libraries	2,577	2,577	0
24	Lifelong Learning	1,983	2,011	(28)
	Catering	1,094	1,094	0
	Social Services
241	Children and Young People	13,236	12,416	+820
608	Adult Services	30,985	31,651	(666)
99	Service Strategy	233	387	(154)
948	Total Social Services	44,454	44,454	0
	Directorate of Environmental and Economic Regeneration
43	Planning and Transportation	2,901	2,905	(4)
122	Economic Development and Leisure	6,163	6,147	+16
(392)	Visible Services	19,217	19,345	(128)
(105)	Building Services	(136)	(252)	+116
	Directorate of Legal and Regulatory
(7)	Legal, Democratic and Registrars	185	185	0
164	Public Protection	2,666	2,666	0
310	Private Sector Housing / Community Safety	3,393	2,758	+635
	Directorate of Finance, Information Communications Technology (ICT) and Property
286	Finance, ICT and Property	(89)	(89)	0
7	Human Resources	(37)	(37)	0
539	General Policy (incl Council Tax Surplus)	24,506	21,925	+2,581
181	Chief Executive	(30)	(30)	0
47	Youth Offending Service	611	611	0
3,695	Grand Total	196,020	192,804	+3,216

 

Members noted that provision had been included in the estimates for the impact of Single Status issues but since that sum had not been required during the year, a transfer to the Single Status Reserve had been made from services totalling £1.5m.  The main reasons for the variances were set out in paragraphs 12 - 41 of the report.  Members also noted that the net final underspend of £3.216m. meant that the original proposed use of General Reserves of £1m. was not required and that £2.216m. would run into General Reserves increasing the balance from £4.791m. to £7.007m.

 

Housing Revenue Account

 

The Housing Revenue Account for 2009/10 showed a surplus of £2.566m. compared to the revised estimated surplus of £2.285m.  The working balance now stood at £8.604m. and the additional £281k. could be reinvested to help meet the Welsh Housing Quality Standard (WHQS).  The overall position was appended to the report, the main reasons for the variances in brief being

 

·                         supervision and management general - £108k. - largely due to savings on staff costs within Housing Services

·                         supervision and management special - £108k. - due to some staff vacancies for estate staff and expenditure on supplies and services at the hostel being less than anticipated

·                         capital financing costs - £3k. - due to a slightly lower than estimated debt charge

·                         rents, rates taxes and other charges - £11k. - largely due to savings on consultant and audit fees

·                         HRA subsidy payable - £71k. less than anticipated

·                         increase in the provision of bad and doubtful debts - £7k.

·                         rent collected on dwellings and garages - £53k. - due mainly to the more efficient management of void properties and tenant arrears

·                         charges for services and facilities - £43k. - mainly due to implemented service charges being higher than originally estimated.

 

It was noted that the above had been off-set by an adverse variance of £109k. as a result of less than expected interest earned on balances. 

 

The Housing Repairs Fund for 2009/10 showed a deficit of £252k.  Whilst the annual contribution from the HRA remained the same, the expenditure during the year was higher.  It had been agreed that £80k. over and above £3m. would be met directly by the Fund because of savings in previous years although the further £172k. due to expenditure on void repairs had not been anticipated. 

 

Insurance Fund

 

Members were notified of the following gross movements on the Fund for 2009/10 as follows:

 

	£'000
Opening Balance	4,829
Costs	(2,410)
Income	1,986
Closing Balance	4,405

 

It was noted that of the closing balance £2,452k. was held as a provision, representing potential liabilities on known claims and £1,863k. as a reserve for claims not yet made. 

 

Trading Operations

 

The provisional figures for the Trading Services (Building Maintenance, Caretaking and Security and Building Cleaning and Vale Catering Services) showed an overall gross surplus of £125k., the details of which were appended to the report.  Whilst the Building Cleaning/Security Service and the Building Maintenance Trading Unit both made a surplus, there was an adverse variance of £22k. on Catering Trading. 

 

Capital

 

The overall position on the revised 2009/10 Capital Programme resulted in a net underspend of £4.463m. once various overspends had been funded.  The statement at Appendix 4 to the report detailed the outturn by scheme, details of which were contained within the report as follows under the following headings:

 

·                         Directorate of Learning and Development - underspend of £159k.

·                         Directorate of Social Services - underspend of £250k.

·                         Directorate of Legal, Public Protection and Housing Services - underspend of £253k.

·                         Directorate of Environmental and Economic Regeneration - underspend of £3.021m.

·                         Policy - underspend of £780k.

 

Reserves

 

Details pertaining to the Council's reserves as at 31^st March, 2010 were shown at Appendix 7 to the report  It was noted that the Statement of Accounts now required approval by Council by 30^th September rather than June as in previous years.

 

Resolutions (1) and (2) below were a matter for decision by Council, resolution (3) being a matter for executive decision.

 

RESOLVED -

 

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

 

Schemes	Current Budget 2010/11£000	Change to Budget £000	Revised Budget 2010/11£000
Llantwit Major Comprehensive School	0	143	143
Ashgrove School pool block	115	2	117
Ashgrove School refurbishment	0	14	14
Rhoose library refurbishment	0	1	1
Harbour View Lease Repurchases	50	254	304
Cogan Hall Farm landscaping	0	16	16
Penarth Marina escarpment	0	205	205
Relocation of Dunraven Beach Rd	0	6	6
Knap Shelter development	0	7	7
Civic amenity sites adapts. WEEE	0	18	18
Dyffryn House external restoration	0	6	6
Penarth Heights	0	36	36
Dyffryn Gardens Phase 1	499	29	528
Holton Road shopfronts	0	34	34
Barry Island replacement footbridge	0	315	315
Dyffryn House business plan	0	18	18
Penarth Pier Pavilion	0	8	8
Rural Local Regeneration Partnership	1,195	213	1,408
Innovation Quarter Spine Road	0	214	214
Culverhouse Cross CCTV s106	0	15	15
Transport Grant - Merrie Harrier	500	137	637
Disabled Access Audit and Improvement	177	141	318
CASH Grants	70	55	125
One Vale	280	26	306
Carbon Management Fund	465	7	472
Office Accommodation	0	6	6
Dyffryn House enveloping	0	73	73
TOTAL	3,351	1,999	5,350

 

(2)       T H A T the following budgets be amended in 2011/12 to reflect slippage and referred to Council for approval:

 

Schemes	Current Budget 2011/12 £000	Change to Budget £000	Revised Budget 2011/12 £000
Penarth Pier Pavilion	0	32	32
TOTAL	0	32	32

 

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

 

Reasons for decisions

 

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

 

(2)       To approve and refer to Council amendments to the 2011/12 Capital Programme due to slippage.

 

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

 

 

C934              EXTERNAL FUNDING APPLICATIONS (L) (SCRUTINY - ECONOMY AND ENVIRONMENT AND LIFELONG LEARNING) -

 

The report detailed the following external funding applications submitted to maximise the amount of external grant to support the delivery of corporate objectives:

 

·                         Sully Public Art – the Council, having received £10k. Section 106 monies following the redevelopment of Sully Hospital, sought to utilise the same in terms of providing match funding to apply for a grant of £50k. from the Arts Council to enable the development of public art in Sully

·                         14-19 Transformation Agenda – following an analysis of the most cost effective and financially viable options to progress the aforementioned agenda, a business case had been put together recommending the establishment of a dedicated central and school based team to support and deliver the transformation proposals. The application totalled £431k. over 3 years.

·                         Rights of Way Improvement Grant – the Council had been allocated £46.67k. for 2010/11 and had put forward the following bids to WAG: to install new roadside waymark posts; to establish 3 cross border walks with Cardiff Council; to undertake phase 1 of a survey of the whole of the PROW network in the Vale; and to develop a reserve project, to be funded if resources became available, for the publication of information packs for legal orders, DMMOs and maintenance/enforcement.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T retrospective approval be given for the Sully Public Art submission to the Arts Council for Wales.

 

(2)       T H A T, should the above grant be approved, the acceptance of a grant, its inclusion within the capital programme, the procuring of a public art organisation to oversee and manage the project together with the Arts Development Officer and relevant interested parties, and the appointment of an artist/arts consortium to deliver the art work be approved.

 

(3)       T H A T retrospective approval be given for the submission of the business plan to WAG seeking funding to enhance corporate capacity to progress the 14 - 19 transformation proposals.

 

(4)       T H A T, should the grant be approved, authority be given to accept the grant and to engage personnel to commence the delivery of activities. 

 

(5)       T H A T the submission of projects to WAG to enable the take-up of the hypothecated Rights of Way Improvement Grant for 2010/11 be approved.

 

(6)       T H A T the authority be given to accept the above grant and to include the same in the authority's capital programme.

 

Reasons for decisions

 

(1)       To approve the submission of a capital bid for Public Art in Sully.

 

(2)       To enable the capital programme to be updated and the engagement of a public art organisation to oversee and manage the project together with the Arts Development Officer and relevant interested parties and an artist/arts consortium to deliver the art work.

 

(3)       To approve the submission of the business plan to WAG seeking additional funding to progress the transformation of 14 - 19 activities.

 

(4)       To enable the grant to be accepted and engagement of personnel to deliver activities.

 

(5)       To ensure Cabinet is aware of projects submitted under the Rights of Way Improvement Grant.

 

(6)       To enable acceptance of the grant and the capital programme to be updated.

 

 

C935              HOUSING BUSINESS PLAN 2010 (L AND HCS) (SCRUTINY – HOUSING AND PUBLIC PROTECTION) -

 

Members were informed that the latest Housing Business Plan, as appended to the report, had been reviewed.  That Plan took into account recent economic changes and revised guidance from WAG on Housing Business Plan parameters.  In addition, the Council was revisiting the Stock Condition Survey conducted in 2007 and, as that information had not yet been received, the latest Plan included an additional £20m. capital investment over the 30 years.  That figure had been identified as the maximum additional investment that the Plan could afford without the level of unsupported borrowing outstanding at any one time being greater than £35m.   It was noted that, if the updated survey figures varied significantly, that could result in a further revision of the Plan.  A summary of the changes made to the base model assumptions within the Plan was set out within the report, including the following:

 

·                         General Inflation throughout the Plan had been decreased from 2.5% to 2% as per WAG guidance

·                         Supervision and management costs were decreased in 2010 because of a reduction in central support charges

·                         Revenue Repairs had been adjusted to reflect the 2010/11 budget

·                         assumptions regarding any capital receipts had been scaled down

·                         Supported Borrowing for Disabled Adaptations had been reduced to nil from 2011/12 onwards

·                         all Supported Borrowing in order to support the investment programme had been removed

·                         Prudential Borrowing had been increased to reflect the changes outlined above. 

 

Attention was drawn to the fact that there were a number of inherent risks associated with stock retention as highlighted in Appendix C of the Business Plan.  One of the major risks to the Council was also the impact of Prudential (Unsupported) Borrowing which was required to ensure that the Welsh Housing Quality Standard was met.  According to the 2010 Base Plan, the level of capital investment had increased by £20m. while the required Prudential Borrowing had increased by £8.16m.  It was noted that the Base Model was in line with WAG guidelines but in view of the current economic climate a more cautious scenario would be to assume that the Management and Maintenance Allowances would increase by 1% more than inflation and, in that case, the £20m. investment could not be made if the amount of outstanding unsupported debt was not to exceed £35m. at any one time. 

 

RESOLVED -

 

(1)       T H A T the changes to the Business Plan as outlined above and in the report be noted.

 

(2)       T H A T the Plan as appended to the report form the basis of the retention strategy in the event of a 'No' vote.

 

(3)       T H A T the Plan be submitted to Council for approval.

 

(4)       T H A T the attached Business Plan be submitted to WAG.

 

Reasons for decisions

 

(1)       To update the Business Plan with the latest available information.

 

(2)       To ensure that the Authority has a robust retention strategy in the event of a 'No' vote.

 

(3)       The Local Authority Housing Business Plan requires full Council approval.

 

(4)       To inform WAG.

 

 

C936              FINANCIAL IMPACT OF A STOCK TRANSFER ON THE COUNCIL’S GENERAL FUND (L) (SCRUTINY - CORPORATE RESOURCES) -

 

The report before Cabinet detailed the potential impact of a housing stock transfer on the Council post implementation of that transfer.  It was noted that such a transfer would have a significant impact on the corporate resources of the Authority and that the financial position of the General Fund was likely to change substantially.  The transfer of the Housing Stock would result in the closure of the Housing Revenue Account (HRA).  Following stock transfer it was noted that not all risks currently associated with the HRA would transfer and that some might remain with the Council, e.g. cesspits and un-adopted roads.  The new Registered Social Landlord (RSL) would wish to warranty against some of those risks with the Council.  The figures and assumed agreements between any new RSL and the Council, reported in July 2009, had now been revisited and the most significant difference was the assumed relationship between Building Services and any new RSL.  Previously, it had been assumed that there would be a Service Level Agreement in place for the first three years following transfer; however, recent indications now showed that a direct staff transfer under TUPE would be the more likely scenario. 

 

The following table showed the current HRA and General Fund financial relationship with regard to recharges and had been based on the 2010/11 Revenue and Capital Budgets:

 

Revenue	Total recharged across the Council (2010/11)   £'000	Recharges to the HRA (2010/11) £'000	%
Chief Executive (including Contact Centre)	4,648	161	3%
Finance	5,627	105	2%
ICT	1,918	149	8%
Property	1,278	154	12%
Office Accommodation	3,099	98	3%
Legal Services	2,344	71	3%
Human Resources	1,619	31	2%
Energy Manager	59	19	32%
Total Central Recharges	20,592	788	4%
Building Services (Twin Hat)	1,353	545	40%
WHQS team	158	158	100%
	22,103	1,491	7%
Capital	Total internal recharges to capital schemes (2010/11) £’000	Recharges to the Housing Capital Works (2010/11) £’000	%
Property Services	450	257	57%
Total	22,553	1,748	8%

 

Further details pertaining to the above were contained within the report and it was noted that, in addition to the impact on rechargeable services, there were further areas that would need to be picked up by the Council, namely pension costs and those services which would remain a statutory function of the Council (e.g. homelessness) where there could be costs associated with the management of the retained housing service.  The assumptions set out below had, therefore, been made for the first three years following transfer:

 

	Charge to new RSL / transferred staff costs (pa)	Charge to be absorbed by the Council (pa)	Nature
Chief Executive (including Contact Centre)	£0	£161,000	No transfer
Finance	£67,000	£38,000	Some finance staff transferred via TUPE and some services SLA for 3 years
ICT	£0	£149,000	Nothing – RSL would probably need to set up their own specialised team or buy-in from an external provider.
Property	£0	£154,000	No transfer
Office Accommodation	£98,000	£0	Assumed that the new RSL would use Council owned buildings under SLA arrangements, so would be charged a rent.
Legal Services	£71,000	£0	SLA for 3 years
Human Resources	£28,000	£3,000	Some staff to be transferred via TUPE with residual overheads remaining
Energy Manager	£0	£19,000	No transfer
Total Central Recharges	£264,000	£524,000
Building Services (Twin hat )	£298,000	£247,000	Staff related to Housing would transfer under TUPE, residual overheads to remain.
WHQS team	£138,000	£20,000	Staff would transfer under TUPE, residual overheads to remain
	£700,000	£791,000
Property Services	0	£257,000	Assumed that the new RSL would use external contractors for Capital works
	£700,000	£1,048,000

 

Following Year 3 it had been assumed that, with the exception of office accommodation, SLA's would not be renewed and that would amount to a further £98k. per annum which would have to be met by the Council.  The impact of those increased cost pressures on the Council could lead to either a reduction in front line service or an increase in Council Tax. 

 

It was clear that the total impact was very dependent on the terms of any transfer and the SLA/TUPE arrangements negotiated.  WAG stock transfer guidance stated that any surplus in the HRA following transfer could be credited to an authority's General Fund once the HRA had been formally closed which could assist the Council in managing the impact.  The Council's current policy on Housing Investment was to invest only at a minimum level of £2.7m. per annum until the result of the ballot.  In the event of a 'Yes' vote, the policy would stay in place until the stock was transferred (approximately April 2012).  It was therefore anticipated that the level of HRA balances available for the Council to utilise would be as follows:

 

Estimated Level of Reserves (Capital Investment at £2,700,000 per annum only, assumed no further Capital Receipts)

 

Year	Opening Reserves (Capital and Revenue)	Annual Surplus on HRA	Investment Programme	MRA	Supported Borrowing	Closing Reserve Balance
	£000	£000	£000	£000	£000	£000
2010/11	10,634	2,275	2,980	(2,700)	(280)	12,909
2011/12	12,909	2,384	2,700	(2,700)	-	15,293*

*£14,206,000 Revenue reserves, £1,087,000 Useable Capital Receipts

 

Attention was also drawn to the fact that, in a housing transfer, warranties were generally a required element of the funding offer to any new RSL and that costs for the Council could arise if there were to be a breach of a warranty.  Further details in relation to risks and warranties and to the resource implications were contained within the report.

 

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

 

Reason for decision

 

To inform Cabinet and Council Members of the potential significant financial impact of a stock transfer on the Council's General Fund.

 

 

C937              CRIMINAL RECORD BUREAU (CRB) ENHANCED CHECKS OF ELECTED MEMBERS (LPP) (SCRUTINY – SOCIAL CARE AND HEALTH) -

 

Cabinet was asked to consider whether Elected Members of the Council should be subject to Criminal Records Bureau Checks (CRB) disclosure checks and whether Members should be registered with the Independent Safeguarding Vulnerable Groups Act 2006 (SVGA). 

 

CRB checks pursuant to the Police Act 1997 acted as a 'one stop shop' for organisations checking police records and, in relevant cases, information held by certain government departments.  The differences between the two levels of CRB checks available, namely standard and enhanced disclosure, were detailed in the report.  Reference was also made to the introduction by the government of a Vetting and Barring Scheme under the SVGA.  Whilst the CRB checks enabled certain employers and bodies to seek information, the SVGA Scheme prohibited such bodies from permitting employees or volunteers to carry out certain activities and requiring them to seek certain information so as to avoid contravening that prohibition.  The list of barred activities was maintained by the new Independent Safeguarding Authority (ISA).  It had been originally intended that the provisions of the SVGA were brought into force gradually; however, following an announcement from the Home Office in June that timetable had been brought to a halt pending further review.  It was noted that from November 2010 individuals working with children or vulnerable adults were required to be ISA registered; that requirement extended to individuals in positions carrying out 'regulated activities' and for existing members, that date would be April 2011.  Further details in respect of the above, including the fees for CRB checks and ISA registration were contained within the report.

 

In response to a question as to whether Members already having had CRB checks through the Council would be covered if nominated by the Council to sit on an outside body, the Director of Legal, Public Protection and Housing Services indicated that might well be the case.  It might not, however, be sufficient and Members quoted examples of having already been required to undertake several CRB checks in order to sit on differing outside bodies.

 

RESOLVED -

 

(1)       T H A T the report be approved and the Council requested to do likewise in view of the fact that the issue affected both Executive and non-Executive functions.

 

(2)       T H A T, as all Members of the Council undertook regulated activities, all Members be subject to enhanced CRB checks.

 

(3)       T H A T enhanced CRB checks for Elected Members be undertaken with immediate effect.

 

(4)       T H A T any newly Elected Member be subject to an enhanced CRB check within 28 days of being elected a Member.

 

(5)       T H A T an 'authorised officer' be appointed to submit and receive enhanced CRB disclosures for Members.

 

(6)       T H A T Members apply to the ISA for registration in accordance with the timetable to be determined by the Government.

 

(7)       T H A T applications for registration of Members with the ISA be co-ordinated through the 'authorised officer'.

 

(8)       T H A T the Council pay fees incurred in undertaking the enhanced CRB checks and the application for ISA registration.

 

Reasons for decisions

 

(1)       To provide for both Executive and Council functions.

 

(2)       To establish that all Members are subject to enhanced CRB checks.

 

(3)       To protect the public and to protect the reputation of the Council.

 

(4)       To provide for newly Elected Members.

 

(5)       To appoint an officer to co-ordinate the scheme provisions.

 

(6)       To ensure compliance with the SVGA according to the commencement provisions for the scheme set by the Government.

 

(7)       To appoint an officer to co-ordinate the scheme provisions.

 

(8)       To pay the required fees.

 

 

C938              REVISED DISABILITY EQUALITY SCHEME (HRE) (SCRUTINY - CORPORATE RESOURCES) -

 

The revised Scheme had been developed in consultation with directors, managers, disabled residents and disabled employees.  The Scheme was appended to the report together with an Action Plan.  Widespread consultation had been undertaken and relevant feedback incorporated into the Scheme which had been developed in accordance with the guidelines from the Commission for Equality and Human Rights. 

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the revised Disability Equality Scheme and Action Plan, as appended to the report, be approved.

 

Reason for decision

 

To promote disability equality and to ensure compliance with the requirements of the Disability Discrimination Act 2005.

 

 

C939              WELSH LANGUAGE SCHEME ANNUAL MONITORING REPORT 2009-2010 (HRE) (SCRUTINY - CORPORATE RESOURCES) -

 

The report for 2010, as appended to the report, included key areas where the Council had improved in the last year.  As was evidenced within that report, a considerable amount of work had taken place including the introduction of a Linguistic Skills Strategy which would be implemented in 2010/11. 

 

The Cabinet Member for Human Resources and Equalities drew attention to the fact that, once again, Contact OneVale had been shortlisted in the Best Use of Welsh and Support Team of the Year categories in this year's Welsh Contact Centre Forum Awards and that the Vale of Glamorgan's website had recently won a gold award at the Welsh CIPR Pride Awards.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the Welsh Language Scheme Annual Monitoring Report, as appended to the report, be approved and submitted to the Welsh Language Board by 30^th June, 2010.

 

Reason for decision

 

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

 

 

C940              CARBON MANAGEMENT PLAN - PROGRESS REPORT (VBS) (SCRUTINY - CORPORATE RESOURCES) -

 

As indicated above, an update on the work being undertaken to reduce carbon emissions was contained within the report.  The Action Plan which supported the strategy had recently been reviewed and was appended to the report.  The revised Action Plan was structured around the following four objectives:

 

·                         embed carbon management as a corporate priority which was reflected in key strategies and plans

·                         undertake improvements to Council buildings to reduce energy use

·                         provide accurate data regarding energy use across the Council to support monitoring and identify areas to target

·                         raise awareness of how and why to save energy.

 

Cabinet had already resolved (in February 2010) that measures be put in place to ensure that the Council complied with the requirements of the Carbon Reduction Commitment from 1^st April 2010 and that the impact on the use of carbon allowances be considered and, where appropriate, reflected in the resources implications in future reports as services and policies were delivered.  Reference was also contained in the report to Salix Funding, Salix being an independent company funded by the Carbon Trust to work with the public sector to reduce carbon emissions through investment in energy efficiency.  The Council had obtained a commitment for £225k. funding to be provided by Salix to assist in the implementation of the Carbon Management Plan, the funding to be provided in tranches with £115k. provided so far and the remainder due before April 2011.  To date, it was reported, that the Council spend was £74k. with a further £113k. of projects agreed and awaiting installation and a further £65k. worth of projects considered viable and awaiting agreement from budget holders.  The aim was to undertake £250k. worth of projects by the end of the summer, those projects being predicted to save the Council £88k. per year in fuel costs and a reduction in emissions by 600 tonnes per annum.  Some projects were being funded through the capital programme e.g. solar powered bollards had been installed on traffic islands which would reduce annual carbon dioxide emissions by 2.5 tonnes.  During the summer of 2009 some major insulation projects took place including the insulation of the Alps Depot buildings and Barry Comprehensive, resulting in a reduction in energy costs since that date.  Included within the Community Strategy (2010/20) was a commitment for partners to develop energy reduction plans and carbon reduction awareness.  The Local Service Board had agreed in principle to set a target for carbon reduction for its constituent organisations and it had also agreed to work with the Carbon Trust through the LSB Asset Management Group.  It was anticipated that it would be possible to reduce significantly the carbon emissions of the LSB and partner organisations.  It was also noted that the Carbon Trust was willing to work with the LSB to secure grant funding.

 

The Cabinet Member for Visible and Building Services indicated that the current postholder, employed to meet one of the criteria set by Salix, had indicated a wish to leave the role at the end of July 2010.  That person had been in employed through an agency and, it was proposed, that, in the interests of continuity and maintaining momentum with project delivery, the post would be advertised with a two year contract with the option of extending after that time.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the progress made in delivering the Carbon Management Plan be noted.

 

(2)       T H A T the revised Carbon Management Action Plan be approved.

 

(3)       T H A T the work being undertaken with the Local Service Board partners and the Carbon Trust to improve energy performance be noted.

 

Reasons for decisions

 

(1)       To ensure Members are aware of progress with carbon management across the Council.

 

(2)       That the Carbon Management Group is able to proceed in delivering schemes to reduce carbon emissions.

 

(3)       To ensure that Members are aware of the partnership work being undertaken to reduce energy use and costs.

 

 

C941              VISIBLE SERVICES ASSET RENEWAL 2010 - 2011 (VBS) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Cabinet had, in February 2010, agreed an Asset Renewal allocation of £800k. for Visible Services for 2010/2011. 

 

It was proposed that the budget be allocated under the following headings:

 

·                         Parks and Grounds Maintenance - £150k.

·                         Highway Maintenance - £200k.

·                         Engineering Design and Procurement - £275k.

·                         Waste Management and Cleansing - £175k.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the Asset Renewal Budget for Visible Services for 2010 / 2011 be allocated as follows:

 

Knap Lake - Water quality improvement works at Knap Feeder and acoustic work at Skate Park   Allotments - Development of an allotments strategy and refurbishment of sites to provide more plots   Central Park - New CCTV cameras linked to main system for improved monitoring   Clement Colley Walk - Footpath repairs on Jacksons Bay and refurbishment of railings around the headland Windmill Lane - Illumination of ramps and provision of benches Romilly Park - Scheme to upgrade mess room Wick Pavilion - Refurbishment of boiler system General refurbishment of paths in historic parks and tree planting Tennis Courts - Refurbishment of courts to improve availability Street lighting energy reduction schemes  Carriageway resurfacing and footway schemes Hensol Bridge replacement To progress the backlog of highway structure refurbishment schemes Coastal protection asset renewal Barry Docks Link Road - Feasibility and initial design Trinity Street and Barry West - Traffic Study To progress the backlog of highway safety schemes Coastal Infrastructure Works Public Convenience Refurbishment Waste Resource Park - Contribution to scheme costs

£20k   £10k   £36k   £15k   £12k £9k £9k £22k £17k £50k £150k £30k £60k £30k £50k £20k £85k £60k £15k £100k

 

Reason for decision

 

To obtain the authority of the Cabinet to progress works.

 

 

C942              ARTSCONNECT - SOUTH EAST WALES REGIONAL SHARED ARTS SERVICE (LT) (SCRUTINY - CORPORATE RESOURCES) -

 

ArtsConnect was currently a partnership of seven local authorities advised by the Arts Council of Wales, WAG and the WLGA who were also members of the partnership.  ArtsConnect had been developed to support the implementation of key WAG initiatives and had looked at some of the shared operational challenges and opportunities identified by local authority arts services in terms of boosting their contributions to the creative economy and the cultural identity of Wales.  ArtsConnect had been endorsed by the Connecting South East Wales Board and, working with a wide range of stakeholders, had assessed alternative models of sustaining and developing local government arts services, including sub-regional strategic planning and policy mechanisms for the arts within the context of the Wales Arts Review.  In February 2009 the Group identified a single shared arts service as the preferred model to achieve a secure and sound future for local government arts provision. 

 

It was accepted that the setting up of a shared service would be complex, further complicated by the uneven contribution for funding for arts provision by each partner and its allocation of resources.  Rhondda Cynon Taff (RCT) had led on the ArtsConnect Project.  Of the partners, RCT had the largest arts service with the only specific posts of Head of Cultural Services and Artistic Director in the ArtsConnect area and it was accepted that the shared service would require such strategic leadership roles.  It was proposed that within the shared service a single Arts Development Team be created led by an Arts Development Manager.  It was further proposed that ADOs would be clustered into operational teams led by Senior ADOs; this Council's team comprising the Vale of Glamorgan, Bridgend, RCT and Merthyr.  Within the regional shared service, it was proposed that the venues would be managed regionally by a Venue/Business Development Manager for all the operational functions and by the Artistic Programme Manager for the artistic element, including audience development and marketing.  It was further proposed that the new regional shared arts service would have a specific Arts Marketing Team led by a Marketing Manager.  The benefits of a shared arts service for each partner authority included

 

·                         achieving 'more for less' by realising efficiencies to reinvest in service transformation and reduce costs to each local partner authority

·                         stabilised funding relationship with the Arts Council of Wales and other external funding sources through a cohesive funding packaging

·                         a more focussed and strategic arts development service whilst retaining local flavour and meeting local need.

 

The proposition was put that the shared arts service should be hosted by RCT and that an ArtsConnect Management Board, made up of representatives from each Council, would oversee the work of the shared service.  Essentially, it was accepted that consideration was being given to the delegation of the arts function as a shared service to ArtsConnect.  It was proposed that Councils which opted into the proposed service would do initially for a limited time following which Councils could withdraw from the arrangement giving 12 months notice.  As with any collaborative projects, there were a number of risks for which mitigation measures would need to be put in place, details of which were contained within the report.  Details were also contained within the report of the human resources implications of the various proposals together with the financial resource implications.  It was noted that the costs for a single regional shared service were in the process of being finalised. 

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T it be agreed in principle to join a shared service for the Arts, covering partner authorities across South East Wales.

 

(2)       T H A T the Operational Manager for Corporate Policy and Communications be authorised to undertake negotiations on the Council's behalf with ArtsConnect.

 

(3)       T H A T a further report be submitted to finalise the details of a shared service.

 

Reasons for decisions

 

(1)       To ensure that actions are taken to increase collaboration in arts and to improve services.

 

(2)       To provide detailed information on the implications of the collaboration.

 

(3)       To consider the details of a proposed merger.

 

 

C943              WELSH EDUCATION SCHEME 2009 - 2014 (ELL) (SCRUTINY -LIFELONG LEARNING) -

 

Cabinet had approved the Draft Welsh Education Scheme in March 2010, the Scheme having also been approved by the Welsh Language Board.  Copies of the final version of the scheme covering 2009/14 were available for information.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the Welsh Language Board's decision to approve the Council's Welsh Education Scheme be noted.

 

(2)       T H A T the Welsh Education Scheme report be referred to the Scrutiny Committee (Lifelong Learning).

 

Reasons for decisions

 

(1)       To inform Members.

 

(2)       To provide the Scrutiny Committee (Lifelong Learning) with the opportunity to monitor implementation of the Scheme.

 

 

C944              HIGH STREET PRIMARY SCHOOL, BARRY - TRANSFER OF LAND FROM DIRECTORATE OF LEGAL, PUBLIC PROTECTION AND HOUSING SERVICES TO THE DIRECTORATE OF LEARNING AND DEVELOPMENT (ELL) (SCRUTINY - LIFELONG LEARNING) -

 

Approval was sought for the appropriation of land from the Housing Department to the Directorate of Learning and Development to increase the external play area at High Street Primary School.  The area in question was to the north of the school and was shown on a plan attached to the report.  Inclusion within the site would allow the school a grassed play area of approximately 928 m² and would provide a much needed play area for pupils.  The land had previously been used as a play area including swings and other play equipment although they had been removed some time ago with only the concrete bases remaining.  Housing Services had confirmed there were no plans to develop or utilise the land for any other purpose and had agreed that the land could be transferred subject to the perimeter fence being maintained. 

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the land identified in Appendix A to the report be appropriated from the Housing Department and transferred to the Directorate of Learning and Development.

 

(2)       T H A T the Director of Finance, ICT and Property, in consultation with the Director of Learning and Development and the Director of Legal, Public Protection and Housing Services, be authorised to undertake the appropriation of the land.

 

Reasons for decisions

 

(1)       To allow currently unused Council owned land to be utilised fully.

 

(2)       To ensure that the land, including all rights and responsibilities, is legally transferred to the Directorate of Learning and Development.

 

 

C945              SCHOOL EFFECTIVENESS FRAMEWORK (ELL) (SCRUTINY - LIFELONG LEARNING) -

 

Cabinet was informed on the development of the all Wales School Effectiveness Framework (SEF).  The SEF was designed to improve outcomes for children and young people through collaborative tri-level reform (reform at school, local authority and WAG levels).  The SEF was a framework which set out how all partners involved in educating children and young people needed to work together to secure better outcomes. 

 

The SEF essentially encapsulated a statement of moral purpose - to address variation, to align services and resources, to measure effective partnership working so that capacity was built and service providers directed energy and effort towards a goal thus securing improved outcomes for all children and young people. 

 

It was recognised that for the SEF to succeed, all agencies would need to work together to secure better outcomes.  That focus was referred to as Tri-Level Reform.  The SEF described at each level the actions undertaken to achieve the desired outcomes, more specific details of which were contained within the report.  The SEF was underpinned by the following five core themes:

 

·                         systems thinking

·                         bilingualism

·                         high performance culture

·                         equality

·                         supportive and interdependent.

 

Members were informed that initial findings from Pilot Schools and the work of SEF Associates had been positive and that findings had been shared with all schools.  SEF Associates now formed part of the SEF Project Team which had responsibility for its roll out and evaluation.  Systems thinking and systems leadership was one of the next key areas of major development across Wales, as was the roll out of work streams such as

 

·                         establishing the system change

·                         improvement, support and capacity

·                         teaching, curriculum and leadership

·                         working with others.

 

Additional key areas of development were also envisaged at Consortium level and included

 

·                         developing joint delivery plans

·                         grant rationalisation

·                         teacher and headteacher performance management review

·                         curriculum development.

 

It was recognised that the development of a successful SEF represented a major challenge for the education community in Wales.  In order to meet those challenges the Council would continue to work in partnership with school leaders, to brief them of developments and opportunities for further involvement; colleagues in the Central South Consortium (Bridgend, Merthyr Tydfil, Caerphilly and RCT) to develop the regional plans that were to the mutual benefit of all learners; and others.  It was recognised, however, that there were issues that would need to be addressed as the programme developed, those issues including

 

·                         ensuring that the programme properly identified and built upon existing good practice

·                         ensuring the SEF was developed in genuine partnership and that the strategic direction was informed by commentary from schools and local authorities

·                         ensuring that any developments took into the account the resource issues on schools and local authorities

·                         minimising any gap between WAG capacity and resources to strategise and school and local authority capacity to deliver.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the developments related to the SEF be noted.

 

(2)       T H A T Members identify any issues which they would wish to explore in more detail in due course.

 

(3)       T H A T a further report be submitted to Cabinet in December 2010.

 

Reasons for decisions

 

(1)       To ensure that Members are aware of SEF developments.

 

(2)       To provide update reports to address any queries on a regular basis.

 

(3)       To ensure that the latest developments are available to Members.

 

 

C946              ESTYN INSPECTION - EDUCATION SERVICES FOR CHILDREN AND YOUNG PEOPLE IN THE VALE OF GLAMORGAN (ELL) (SCRUTINY - LIFELONG LEARNING) -

 

Following the broad inspection of all Education Services for Children and Young People undertaken in March 2010, the inspection report had been received on 4^th June and was appended to the report.  It provided an extremely positive external validation of the quality of education services to Children and Young People within the Vale of Glamorgan.  The Self Evaluation Report, the inspection progress and the inspection report had been structured to enable the inspection to reach conclusions about the following key questions:

 

·                         how good were the outcomes

·                         how good was the provision

·                         how good were leadership and management.

 

In respect of the above questions, the overall evaluation in respect of each was 'good'.  The authority had been judged to be good overall because:

 

·                         children and young people achieved good standards and made good progress

·                         services and support were, in the main, good and well targeted

·                         leadership and management were strong.

 

The authority's prospects for improvement were judged as good because:

 

·                         the quality of self evaluation was good and the information used well to identify and plan improvements

·                         there had been good progress to address recommendations from previous inspections.

 

The Estyn judgement description for good was 'many strengths and no important areas requiring significant improvement'.  A small number of recommendations for improvement were, however, contained in the report as follows:

 

·                         improve the rigour of challenge and target setting, particularly in the secondary phase

·                         strategically plan additional learning needs and inclusion provision and the resources to support that by consistently using information on the outcome for learners well

·                         improve standards in curriculum opportunities for all vulnerable pupils and, in particular, pupils within the pupil referral units

·                         develop and agree a shared strategy for 21^st Century Schools with all stakeholders

·                         clarify funding arrangements on the respective roles and responsibilities of individual schools and services in order to provide better assurance of value for money.

 

It was noted that the Council had a number of obligations namely

 

·                         to publish the report within 30 days

·                         to prepare a Post Inspection Action Plan

·                         to publish the Action Plan within the statutory timescale of 70 days.

 

It was anticipated that the Post Inspection Action Plan would be available for consideration by the Scrutiny Committee before the end of June and that the Action Plan could be completed and signed off well in advance of the statutory time limits.

 

The Cabinet Member for Education and Lifelong Learning drew specific attention to the Inspection Report's conclusion that 'some of the highest school and pupil performance levels in Wales are achieved from one of the lowest resource bases' as welcome recognition for the work of the Council.  The Director however, expressed disappointment that the media had not publicised that recognition despite it being a requirement of Estyn that a copy of the Inspection Report and Action Plan be sent to at least one local newspaper. 

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the inspection conclusions as contained within the Estyn Report about the quality of Education Services within the Authority be noted.

 

(2)       T H A T the arrangements as shown at Appendix B to the report to distribute the report more widely be agreed.

 

(3)       T H A T the Director of Learning and Development prepare an Action Plan in response to the minor Estyn recommendations for approval by Cabinet prior to its submission to Estyn.

 

(4)       T H A T the Action Plan be presented to the Scrutiny Committee (Lifelong Learning) prior to consideration by Cabinet.

 

Reasons for decisions

 

(1)       To inform Cabinet.

 

(2)       To comply with the Council's obligation to publicise the report.

 

(3)       To approve the Post Inspection Action Plan.

 

(4)       To enable scrutiny of the proposed Action Plan.

 

 

C947              BARRY TOURISM RAILWAY PROJECT (EDR) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

The report updated Members on progress in respect of the above.  Members were reminded that the Council had entered into Tenancy at Will arrangements with Cambrian Transport Ltd. for the occupation of the Barry Island Railway Station and the track at Barry Island to allow interim operations to commence.  As part of the negotiations on the main depot /Barry Railway Centre, it was proposed that Cambrian sub-let the small drop wheel shed to Traditional Traction so that appropriate management of the whole site was in Cambrian's control.  Whilst Traditional Traction was supportive of that arrangement, that exact arrangement had not been formally agreed by WAG under the relevant land purchase agreements in place and so authority was sought to consult and agree the specific arrangements prior to lease signing.  Since Traditional Traction was seen as a company which would support and integrate with the work of Cambrian and, as such, had been allowed occupation of the small workshop in question whilst lease negotiations were taking place, officers had agreed that, given Traditional Traction's investment in upgrading the building, a trade off between rent and the cost of the building upgrades already achieved would be effected.  When the sub-lease was signed, Traditional Traction would pay rental to Cambrian, that rental to be used to cover the costs of improving further the security on the site.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the Director of Finance, ICT and Property prepare, agree and implement the variations to lease terms for the use of the land, buildings and infrastructure to Cambrian Transport Ltd subject to the agreement of the Welsh Assembly Government under the provisions of the various Short Form Acquisition Agreements relating to the land to include provisions for the sub-lease of land and building to the company Traditional Traction.

 

Reason for decision

 

To support the development of a wider base of heritage and commercially based activity on the Barry Railway Centre site in support of the Barry Tourism Railway Project.

 

 

C948              PADDLING POOL PROPOSAL FOR BARRY ISLAND (EDR) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Interest had been shown by a community group in providing a restored paddling pool at Whitmore Bay.  Initial informal discussion had taken place with the head of the local primary school and the promoter of the scheme from the community.  At present it was apparent that the promoter saw the project as being run by this Council should lottery grant funding be made available.  That assumption raised two particular problems in that the Council had no funding provisions set aside to take on any additional responsibilities for such schemes and, secondly, grant funding was generally given to an operating group by the lottery funding bodies and not to the Council.  It was not thought that WAG would support the use of money earmarked for the Barry Strategic Regeneration Area for such a project in view of more pressing requirements.  It was proposed, therefore, that the market be tested in order to establish whether such a scheme might be viable.

 

The Cabinet Member for Economic Development and Regeneration drew attention to the fact that Cabinet had already viewed a video in respect of the project presented by the Head Boy and Head Girl of the school in question.  The Leader added his own commendations to the pupils of the school for the excellent presentation. Attention was also drawn to the fact that local Ward Member consultation had been undertaken on the content of the report. Councillor Wiliam, “whilst strongly supporting this proactive approach by the Council” and being aware that questions relating to health and safety, liability and general running costs would need to be answered, had suggested that alternative methods of provision be explored.

 

This was a matter for Executive decision.

 

Having considered the above, Cabinet

 

RESOLVED - T H A T the Director of Finance, ICT and Property be authorised, with the prior approval of the Leader and the Cabinet Member for Economic Development and Regeneration, and in co-ordination of the Director of Environmental and Economic Regeneration, to market land at Whitmore Bay sufficient for the provision of a paddling pool project and to report back any interest that might emerge.

 

Reason for decision

 

To ensure that the opportunity to design, fund, build and manage such a paddling pool is given to the private sector or an appropriate body, if the scheme is deemed viable, given the inability of the Council to consider funding the development and operation of any additional infrastructure.

 

 

C949              PENARTH HEIGHTS - ACQUISITION OF PROPERTIES AT HIGHVIEW ROAD AND CHICHESTER ROAD, PENARTH (EDR) (SCRUTINY - CORPORATE RESOURCES) -

 

Authority was sought to obtain a formal resolution to facilitate the acquisition of three properties situated on the Highview Road/Chichester Road Estate, Penarth by Compulsory Purchase Order or Notice Seeking Possession to enable the full implementation of the Penarth Heights redevelopment scheme.  Details of the procedure to be followed in relation to compulsory acquisition were detailed within the report and the appendices thereto.  Members noted that two of the properties (76 Chichester Road and 5 Highview Road) had been purchased under the Right to Buy Scheme and that the other (82 Chichester Road) was occupied by a secure tenant of the Council.  Negotiations between the Council and the 'Outstanding Interests' above were ongoing with the aim of facilitating vacant possession of the development site.  If required, in order to achieve full vacant possession and enable delivery of the Penarth Heights Project, the Council was required to press ahead with obtaining the properties by Compulsory Purchase.  As regards the Compulsory Purchase procedure, it was difficult to give an estimate of the timescale for the completion of the full procedure.  In relation to the property at Chichester Road, it was also open to the Council if necessary to proceed under the provisions of the Housing Act 1985 which would allow possession to be taken where the Council had entered into an agreement for development. 

 

As regards the resource implications, it was noted that the budget of £50k. had been earmarked within the Capital Programme for the Penarth Heights CPO.  Also, under the terms of the conditional sale contract between the Council and Crest, Crest was required to contribute a sum of up to £24k. towards the costs incurred by the Council in acquiring the 'Outstanding Interests' by compulsory acquisition.  It was also noted that where land was compulsory acquired, the property owners/occupiers affected would be entitled to compensation.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the Council resolve to make and submit to the National Assembly for Wales, a Compulsory Purchase Order under the provisions of Section 226(1)(a) Town and Country Planning Act 1990 and the Acquisition of Land Act 1981 entitled Vale of Glamorgan Council (76, 82 Chichester Road and 5 Highview Road, Penarth) Compulsory Purchase Order 2008, authorising the Council to acquire compulsorily the aforementioned properties for the purpose of enabling the Penarth Heights development project and that the Council’s seal be given to the Order.

 

(2)       T H A T the Director of Legal, Public Protection and Housing Services be authorised to undertake the procedure to acquire the properties by Compulsory Purchase Order pursuant to the aforementioned legislation including the drafting, finalisation and publication of the Statement of Reasons for the Order, the publication and service of all statutory notices and all other necessary steps be taken to enable the Order to be submitted for confirmation to the National Assembly for Wales and upon confirmation of the Order to serve Notices to Treat/Notice of Entry or execute General Vesting Declarations as appropriate.

 

Reason for decision

 

(1)       To obtain a formal resolution of the Council to progress the compulsory purchase procedure, as required by the Acquisition of Land Act 1981, Part II.

 

(2)       To enable the Director of Legal, Public Protection and Housing Services to undertake the procedure for compulsory purchase of the land.

 

 

C950              ORGANISATIONAL AND MANAGERIAL RESPONSIBILITY FOR COMMUNITY BASED HEALTH SERVICES IN THE WESTERN VALE OF GLAMORGAN (SCS) (SCRUTINY - SOCIAL CARE AND HEALTH) -

 

Cabinet was notified of the formal programme of engagement being undertaken by the Cardiff and Vale University Health Board and Abertawe Bro Morgannwg (ABM) University Health Board.  The programme sought stakeholder views about various options being considered for allocating responsibilities to organise and manage community-based health services in the western Vale of Glamorgan.  The report highlighted the following four options for the delivery of community based health services, the analysis referred to having been undertaken by the Director of Social Services:

 

Option

Analysis

Option 1, i.e. status quo/do nothing   Option 2, i.e. status quo/do minimum         Option 3, single provider/care pathway model                                 Option 4, single provider/coterminous integrated health and social care model

The Health Boards do not regard this option as viable.   This option would require each service to be reviewed on an individual basis to agree the optimal arrangements.  It is likely to involve prolonged uncertainty and to perpetuate current inequitable access to health services.   This option is based on the principle of ensuring continuity of the patient pathway, with both community and acute hospital-based care provided by the same organisation.  It would facilitate communication and internal information flow among staff and enable service planning and delivery across the patient pathway.  Based on the current patient flows, this option would suggest that all community-based services in the Western Vale would be provided by ABM University Health Board.  There are clear merits in this approach, which are set out in the discussion paper.  However, it would not help with the Council's efforts to provide a clear framework for integrating social care and health services or to rationalise the resources needed to sustain partnership working and to reduce the burden of this work.   This option would establish a single provider of community based services across the Vale of Glamorgan, aligned with the local authority boundaries.  It would suggest that all community services should be provided by Cardiff and Vale University Health Board with the associated transfer of staff and appropriate resources.  Option 4 is based on the principle of achieving a single provider of community based services in the Vale of Glamorgan to promote integration with local authority and third sector providers.  It would better facilitate the task of aligning strategic priorities between health and social care and ensure strong partnership working, with a joined up multi-agency approach to service planning and delivery in the Vale of Glamorgan.  There would also be greater scope for joint management and pooled budgets, as a means of achieving efficiency savings and improved services.  This approach is more consistent with the new national Strategic Delivery Programme for primary and community health care 'Setting the Direction'.  The Vale Council is represented at Board level in the Cardiff and Vale LHB and there is already in place a programme board to manage a programme for integrating social care and health services.

 

Having regard to the above, Members were of the view that Option 4 was most likely to support the strategic and operational objectives for Social Care and Health already set by Cabinet.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T Option 4, which proposed a single provider based on a conterminous, integrated health and social care model in which all community based health services in the Western Vale of Glamorgan would be provided by the Cardiff and Vale Health Board be supported.

 

(2)       T H A T the Cabinet Member for Social and Care Services, with the advice of the Director of Social Services, be authorised to provide a stakeholder response setting out the above preference.

 

Reasons for decisions

 

(1)       To ensure that the Health Boards clearly understand which option the Council supports, based on the Council's commitment to working closely with the NHS in ways that helps all residents of the Vale to keep fit and healthy and have equitable access to public services.

 

(2)       To ensure that the Cabinet Member for Social and Care Services has authority to provide responses on behalf of the Cabinet.

 

 

C951              ADVOCACY AND INDEPENDENT VISITOR SERVICES FOR VULNERABLE CHILDREN AND YOUNG PEOPLE (SCS AND ELL) (SCRUTINY - SOCIAL CARE AND HEALTH AND LIFELONG LEARNING) -

 

Authority was sought to establish an Advocacy and Independent Visitor Service for Vulnerable Children and Young People to be externally commissioned by the Children and Young People Services Division within the Directorate of Social Services.  By way of background it was explained that children's right to be heard in matters affecting them was enshrined in Article 12 of the Convention on the Rights of the Child and that the Social Services Directorate had a statutory responsibility to provide advocacy services under various legislation.  The WAG document 'A Guide to the Model for Delivering Advocacy Services for Children and Young People' defined the underlying principles of good practice for advocacy services.  Advocacy services were currently spot purchased on an ad hoc basis and it was noted that, at present there was no advocacy provision within the Vale in respect of services which were available to all children and young people. 

 

In order to provide increased access to a properly structured advocacy service to ensure that the Council was able to meet statutory obligations and comply with WAG guidance as far as possible, it had been agreed that a collaborative approach which involved sharing resources would be the best approach and that the service should be externally commissioned to ensure an appropriate level of independence.  The Children and Young People Services Division would use the budget currently allocated to spot purchasing advocacy services and the Additional Learning Needs Division would contribute funding from a Cymorth grant allocation.  Initially the service would be targeted on the most vulnerable children, especially those living away from home.  The relevant Head of Service would discuss with other agencies represented in the Children and Young Partnership how the service could be extended to other children and young people in due course.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T an Advocacy and Independent Visitor Service for vulnerable children and young people be established for a pilot period of one year.

 

(2)       T H A T the Director of Social Services, in consultation with the Cabinet Member for Social and Care Services and the Cabinet Member for Education and Lifelong Learning, be authorised to

 

·                         commence tendering procedures for the service outlined in the report

·                         accept and award tenders for the service in accordance with the Council's Contract Standing Orders.

 

Reasons for decisions

 

(1)       To ensure that the authority's statutory functions regarding advocacy and Independent Visitors for vulnerable young people are fulfilled and that the proposed service is in accord with the recommendations of WAG's 'A Guide to the Model for Delivering Advocacy Services for Children and Young People'.

 

(2)       To bring arrangements regarding tendering for the service in line with procedures for other voluntary organisations as previously agreed.

 

 

C952              PUBLIC AWARENESS STRATEGY AND ACTION PLAN FOR ELECTORAL REGISTRATION AND PARTICIPATION 2010/11 (RO) (SCRUTINY - CORPORATE RESOURCES) -

 

Endorsement was sought for the Public Awareness Strategy and Action Plan for Electoral Registration and Participation 2010/11, copies of which were appended to the report.  A performance standards framework for electoral administration had been introduced in 2008 following amendments to the Electoral Administration Act 2006.  Under the new provisions of the Act, Returning Officers and Electoral Registration Officers were required to assess and report progress against 10 performance standards aimed at achieving the key objective of 'complete and accurate electoral registers supported by a well run election'.  Assessment of the Returning Officer's performance against the standards following the European Parliamentary Elections in 2009 had recognised that required standards for the key areas of planning and organisation and integrity and participation had been met.  To comply fully with the performance standards 5 and 6, Returning Officers and Electoral Registration Officers were required to have in place a written strategy, evaluation plan and a risk register to cover their public awareness activities.  It was noted that the Electoral Commission intended during 2010/11 to focus on a number of areas, in particular participation in order to improve standards across Wales.  Members considered that implementation of the attached Strategy and Action Plan would enable the Council to meet that standard. 

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the Public Awareness Strategy and Action Plan for Electoral Registration and Participation 2010/11 as appended to the report be endorsed.

 

Reason for decision

 

To comply with the duty for Returning Officers and Electoral Registration Officers to meet performance standards 5 and 6 of the standards framework for Electoral Administration in Great Britain in delivering a public awareness strategy.

 

 

C953              EXCLUSION OF PRESS AND PUBLIC -

 

RESOLVED - T H A T under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Part 4 of Schedule 12A (as amended) of the Act, the relevant paragraphs of the Schedule being referred to in brackets after the minute heading.

 

 

C954              HOLTON ROADBARRY - TUESDAY WEEKLY MARKET (EDR) (EXEMPT INFORMATION - PARAGRAPH 8) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

The current licence holder had held a licence with the Council on two occasions, firstly when the market opened in 1994 and more recently since 1^st April, 2004 with a 15 month extension granted in 2009.  Members considered that the market raised footfall for the town centre on a Tuesday, thereby supporting the town centre retailers.  Reference was made to the fact that there was an ongoing programme of regeneration works for Barry Town Centre and that, in the event of those works taking place there would necessarily be an impact on the provision of the market. 

 

Attention was drawn to the fact that the map appended to the report was not wholly accurate in that currently market activities also took place on an area of King Square.  It was clear that there was a need for the area allowed for market activities to be defined within the licence to include usage of part of King Square plus attendant terms and conditions.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the Licence be re-tendered for a period of three years.

 

(2)       T H A T the existing Licence be extended for a 3 month period from 1^st July, 2010 at the current rental income to allow the re-tendering exercise to proceed.

 

(3)       T H A T the Director of Environment and Economic Regeneration, in consultation with the Cabinet Member for Economic Development and Regeneration, be authorised to suspend the market's operation in part or in whole at a time when further public realm works might commence with a consequential pro rata loss of income.

 

Reasons for decisions

 

(1)       To ensure best consideration is achieved.

 

(2)       To allow the weekly market to continue as a result of the current Licence's expiry on 30^th June, 2010.

 

(3)       To enable the Council to use a break clause in the Licence to allow future public realm works to take place.

 

 

C955              PROPOSED SALE OF ATLANTIC TRADING ESTATE (EXEMPT INFORMATION - PARAGRAPH 8) (EDR) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Authority was sought to agree to the sale of the Council's interests at Atlantic Trading Estate (ATE) excluding the land set aside for the Household Waste Recycling Centre.  Since acquiring the ATE in 1995, the Council had sold various plots of freehold land at the estate.  A map illustrating those areas within the Council's ownership together with the specific area which had been set aside for the HWRC.  It was noted that the decision to dispose of the Council's remaining interests did not impact upon any proposals to facilitate the creation and use of a continuous coastal path.  Three tenders had been received, and a preferred bidder identified. 

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T, in accordance with Min. No. C524, the Council's remaining interest at Atlantic Trading Estate be sold for £461k. gross.

 

(2)       T H A T the Director of Legal, Public Protection and Housing Services, in consultation with the Cabinet Member for Economic Development and Regeneration, be authorised to proceed with the sale on the Council's behalf.

 

Reasons for decisions

 

(1)       It is considered that the Council's control of the ATE has fulfilled its purpose and the Council achieved its aim in that the private sector is now investing and the site is starting to deliver outputs.

 

(2)       The delegated authority to the Director of Legal, Public Protection and Housing Services in consultation with the Cabinet Member for Economic Development and Regeneration will allow the sale to be expedited in accordance with the timetable proposed.