CABINET

 

Minutes of a meeting held on 21^st July, 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.

 

 

C980              MINUTES -

 

RESOLVED - T H AT the minutes of the meeting held on 7^th July, 2010 be approved as a correct record subject:

 

-                      to the wording of the first sentence of the resolution of Minute C970 (Asset Renewal Building Programme) being amended to read “That Council be recommended to approve the following”

-                      to the wording of Minute C960 (1) (Allotments) being amended to read “THAT the recommendations of the Scrutiny Committee be noted”.

 

 

C981              DECLARATIONS OF INTEREST -

 

The following Members declared interests as indicated below:

 

Councillor P. Church	Agenda Item 8 - Grants to Community / Voluntary Organisations - Associated with Penarth Brownies and St. Joseph’s Church, Penarth.  Also a Patron of Penarth Operatic and Dramatic Society.  Councillor Church vacated the room whilst these grants were under consideration.
Councillor G. Cox	Agenda Item 8 - Grants to Community / Voluntary Organisations - Trustee of Cowbridge and District Museum Trust.  Councillor Cox vacated the room whilst this grant was under consideration.
Councillor A.M. Ernest	Agenda Item 8 - Grants to Community / Voluntary Organisations -Member of named organisations 138, 165, 14, 24 and 30.  Councillor Ernest vacated the room whilst these grants were under consideration.
Councillor A.D. Hampton	Agenda Item 8 - Grants to Community / Voluntary Organisations - Trust of Cambrian Education Foundation, appointed by the Vale of Glamorgan Council.
Councillor H.J.W. James	Agenda Item 8 - Grants to Community / Voluntary Organisations - Vice-President to Rhoose Lifeguards (Councillor James vacated the room whilst the matter was under consideration) and Rhoose Community Hall, appointed by the Vale of Glamorgan Council.
Councillor G.C. Kemp	Agenda Item 8 - Grants to Community / Voluntary Organisations - Appointed by the Vale of Glamorgan Council to Rhoose Community Hall.
Councillor R.L. Traherne	Agenda Item 8 - Grants to Community / Voluntary Organisations - Ambassador for the Vale Guides Association and Vice-President of the Vale and Cardiff Scouts Association. Agenda Item 24 - Five Mile Lane Improvement Scheme - land owner of land adjoining the lane. Councillor Traherne vacated the room whilst these items were under discussion.

 

 

C982              VALE OF GLAMORGAN DRAFT TOURISM STRATEGY (REF) -

 

Scrutiny Committee (Economy and Environment) on 24^th November 2009 considered the draft Tourism Strategy for consultation, with the intention that a final strategy be presented to Cabinet in early 2010.  Committee was advised that work on the Tourism Strategy had been an ongoing project over the past couple of years with the final draft being attached at Appendix 1 to the report and a copy had been placed in the Members' Room and on the Council's website.  The Strategy itself had been prepared in-house and actions in the Strategy would need to be achieved within existing budgets where possible.  It also detailed the need for more resources to fully exploit tourism benefits, also attached at Appendix A to the report was a list of consultees and it was proposed to give the organisations three weeks to comment to allow the strategy to then be submitted to Cabinet for final approval.

 

The Operational Manager further informed Members that should any person wish to comment on the document all comments would be welcome not just from the organisations listed on Appendix A.  He also referred to in his opinion the recent unfair press coverage in relation to the document which had stated that “The Gavin and Stacey Show” had not been referred to within the strategy and he assured Members that reference had been made. However the Committee considered that more detail could be added and Councillor R.F. Curtis suggested that the following paragraph be inserted into the document which was agreed by all Members:

 

“This Council also recognises the marketing potential that the hit TV show 'Gavin and Stacey' has given Barry Island and seeks to work with the private sector to encourage more themed events.  The series has put Barry Island and wider Barry firmly on the national map and we must take full advantage of this unique opportunity”.

 

Members were advised that permission from the Gavin and Stacey team would be required in order to make additional statements into the Strategy.

 

Councillor Curtis also requested an addition to Page 39 after the paragraph 6.51 that “We wish to aspire to the eventual setting up of a Barry museum and heritage centre in other towns in the Vale and we seek to work with the private sector, voluntary sector and town councils in order to achieve this aim. “

 

Discussion ensued on the reference re Cwm Colhugh Beach, Llantwit Major and for accuracy purposes it was suggested that the Strategy be amended to reflect that there was currently funding for a coastal pathway in the Wales Coastal Access Improvement Programme. 

 

Members requested that the Council further consider installing bins in Cosmeston and were disappointed to note that in Page 43 although it was noted that cycling was recognised as an important activity that needed to be further developed within the Vale, the report stated that the Vale of Glamorgan was the only local authority area in south east Wales that was not currently covered by the national cycle network.  Councillor Sharpe advised that she had requested a report on the installation of cycling racks in the Vale and once further information was available she had been assured a report would be presented to the Committee.  The Chairman requested that the paragraph in the document be reworded to include a positive aspect in relation to cycling.

 

Having considered the report, Scrutiny Committee

 

RECOMMENDED -

 

(1)       T H A T the following paragraphs be inserted in the document:

 

·                    Page 29  - 'This Council also recognises the marketing potential that the hit TV show 'Gavin and Stacey' has given Barry Island and seeks to work with the private sector to encourage more themed events.  The series has put Barry Island and wider Barry firmly on the national map and we must take full advantage of this unique opportunity'.

·                    Page 39 - 'after paragraph 6.51 insert “we wish to aspire to the eventual setting up of a Barry museum and heritage centre in other towns in the Vale and we seek to work with the private sector, voluntary sector and town councils in order to achieve this aim.' 

·                    Add the reference to funding for the coastal pathway at Cwm Colhugh Beach.

·                    That a positive statement in relation to cycling within the Vale be inserted into the document.

 

(2)       T H A T Cabinet be advised that the Scrutiny Committee endorses the Draft Tourism Strategy for consultation subject to the recommendations as detailed in Recommendation (1) and that a final Strategy be submitted to the Scrutiny Committee and Cabinet in early 2010.

 

Cabinet, having considered the recommendations of Scrutiny Committee

 

RESOLVED - T H A T this matter be considered later in the meeting, under Agenda Item 16.

 

 

C983              PENARTH TOWN CENTRE TASK AND FINISH GROUP - RECOMMENDATION RE RE-LOCATION OF TOURIST INFORMATION CENTRE (REF) -

 

Scrutiny Committee (Economy and Environment) on 22^nd June 2010 were advised that Cabinet had, on 14^th April, 2010 received an assessment of the recommendations of the review of the Scrutiny Committee's Penarth Town Centre Task and Finish Group and had provided responses to each recommendation.  The responses were then referred to the Scrutiny Committee for consideration at its previous meeting on 25^th May, 2010 at which the Committee deferred consideration of one of the recommendations to this meeting.  Recommendation (8) “That further exploration be undertaken to re-locate the Tourist Information Centre in Penarth to West House and the feasibility of re-locating TIC to West House be fully explored”.

 

The response that had been provided was “If the Tourist Information Centre (TIC) was re-located to West House there would be a number of issues arising which would create additional costs to the Council and potentially reduce its footfall to the TIC.  New signage would also have to be erected to direct people to the TIC and there would be a loss of income in respect of ticket sales for the Waverly / Balmoral”.  The Scrutiny Committee had deferred consideration as a result of one of the Members from Penarth advising that there had been some concerns from the local Town Council in relation to the matter and as such the recommendation was deferred in order that a more detailed account could be provided. 

 

Having considered the above, Scrutiny Committee

 

RECOMMENDED - T H A T Cabinet be requested to undertake a further appraisal to consider suitable sites for a second Tourist Information Centre within the town.

 

Cabinet, having considered the recommendations of Scrutiny Committee

 

RESOLVED - T H A T the Tourist Information Centre be retained at its present location.

 

 

C984              SOCIAL SERVICES CHANGE PLAN 2007-2010, FINAL UPDATE (REF) -

 

Scrutiny Committee (Social Care and Health), on 5^th July 2010, were reminded that the Change Plan had been put in place to implement the recommendations of the Joint Review that had been published in 2007 and to provide a vehicle for making improvements to Social Services that external evaluation and internal scrutiny had identified as crucial if the Council was to achieve its social care objectives.  The goal had been to introduce a culture characterised by high performance and rigour.  Implementation of the Change Plan had been monitored at different levels within the Council by the Scrutiny Committee, the Cabinet and the Corporate Management Team and a Change Co-ordination Group had also been established which included key partners and external regulators.  The Change Plan had been updated to reflect the current progress in relation to the outstanding actions and the document was attached at Appendix 1 to the report.

 

Members were informed that out of the original 101 actions in the Change Plan, 75 had been signed off as complete and significant progress had been made in respect of the remainder.  The Head of Service advised that following WAG statutory guidance in June 2009 on the role and accountabilities of the Director of Social Services an annual report would be required to be prepared on the delivery and improvement plans for social services.  The report would provide core evidence for a revised inspection and review framework that was proposed to be used by the CSSIW.  With the introduction of an annual framework, a robust process of planning improvements in Social Services and reporting on outcomes in delivering changes it was suggested that this would be a good opportunity for bringing the Change Plan to a timely conclusion. 

 

The Scrutiny Committee was advised that it was being proposed that this would be the final update of the Change Plan and that the outstanding actions would be included in appropriate Service and Team Plans within Social Services or relevant Corporate Plans.  The Director's Annual Report was required to be produced October 2010.

 

In referring to the action plan Members raised concerns in relation to SP15 on the ILF Fund.  The Director advised that the fund was not within the control of department and as such the Council could not compensate for any loss of funding.  In referring to Delayed Transfers of Care Members were advised that regular validation meetings took place between the Director of Social Services and Heads of Services in the NHS to discuss the current problems in relation to assessments. Individual cases were assessed and Members were reassured that relationships between the Vale and the Health Service were progressing well.

 

In referring to SQ13 – to Develop a strategy for housing older people as part of the housing strategy, Members queried the target in view of the impending ballot of housing stock transfer and were advised that any such issues would have to be part of an offer document with tenants and the new Registered Social Landlord of which a decision had not yet been made. These issues would be discussed with the Shadow Board.

 

In conclusion the Director stated that the Change Plan had provided the Social Services Department with a coherent direction and its impact had been extremely effective, it had been a corporate effort and would continue to be progressed. 

 

The Chairman and Members acknowledged the effort and commitment of all involved in the Change Plan and thanked the Director and his staff.

 

The Scrutiny Committee subsequently

 

RECOMMENDED -

 

(1)       T H A T the draft updated Change Plan be noted.

 

(2)       T H A T the draft updated Change Plan be submitted to Cabinet for consideration and endorsement with the approval of the Scrutiny Committee.

 

(3)       T H A T the Change Plan be signed off and that any outstanding actions be included in appropriate Service and Team Plans within the Social Services Directorate or relevant Corporate Plans.

 

Cabinet, having considered the recommendations of Scrutiny Committee

 

RESOLVED - T H A T consideration of this matter be deferred to later in the meeting under Agenda Item No. 20.

 

 

C985              EXTERNAL COMMUNICATIONS STRATEGY (L) (SCRUTINY - CORPORATE RESOURCES) -

 

Cabinet were apprised of the Council’s External Communications Strategy 2010-2013 and associated action plan and were requested to endorse the same.

 

The Council’s previous External Communications Strategy had been adopted in October 2006 and had been implemented.  The revised Strategy sought to further develop the Council’s external communications over the next three years.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the External Communications Strategy, as attached to the report, be endorsed.

 

Reason for decision

 

To provide an effective base for the development of the Council’s external communications activities.

 

 

C986              GRANTS TO COMMUNITY / VOLUNTARY ORGANISATIONS 2010/11 (L) (SCRUTINY - CORPORATE RESOURCES) -

 

Approval was sought on the award of grants from the 2010/11 corporate revenue budget.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the grants be awarded as set out at Appendix A to the report.

 

Reason for decision

 

To award grants in accordance with the approved scheme.

 

 

C987              BUDGET STRATEGY 2011/12 (L) (SCRUTINY - CORPORATE RESOURCES) -

 

The Budget Strategy for 2011/12 (including the proposed Budget Process and Timetable) was submitted for approval. 

 

The Budget Strategy for 2011/12 proposed that:

 

·                    In order to establish a baseline, services should prepare initial revenue budgets for 2011/12 based on the cost of providing the current level of service and approved policy decisions.  This meant the cost of price increases and any allowable pay awards should be included as advised by the Director of Finance, ICT and Property.

·                    Increases to budgets approved during the course of a financial year could restrict the freedom the Council had to allocate its resources to priorities during the following budget cycle when it would be aware of all the competing demands.  Consequently:

-                      Supplementary estimates would only increase the base budget if Council has given specific approval to this effect.  Increases met by virement within a year would not be treated as committed growth.

-                      Directors would find the cost of increments and staff changes from their base budget unless the relevant specific approval had been given for additional funding.

-                      The effect of replacing grant from outside bodies that had discontinued would not be treated as committed growth.  In addition, before any project or initiative that was to be met either wholly or partly by way of grant may proceed, the exit strategy must be approved.

-                      Certain items of unavoidable committed growth would continue and these included the effect of interest changes and the financing cost of the Capital Programme, increases in taxes, increases in levies and precepts charged by outside bodies and changes to housing benefits net expenditure.

-                      Services would be expected to identify and achieve recurrent efficiency and other savings, including (but not restricted to) those identified in the 2010/11 final budget proposals.

·                    The proposed timetable for the 2011/12 budget is for Cabinet to make its initial revenue and capital budget proposals in November 2010.  The capital bids considered and prioritised would include those recommended to the Management Team by the Corporate Asset Management Group.  Each Scrutiny Committee would be consulted and would receive the relevant initial proposals of the Cabinet in November / December 2010.

·                    Scrutiny Committees would be asked to make comments on the proposals and in particular to consider the prioritisation of the capital bids.  Corporate Resources Scrutiny Committee would act as the lead Scrutiny Committee in this respect.

·                    The budget would then be considered by the Cabinet Budget Working Group, which would submit its recommendations to Cabinet in January/ February 2011.  Cabinet would formulate its final proposals and submit them to a meeting of Full Council to be held in March having first taken any response from the lead Scrutiny Committee into account.  It may be necessary for Scrutiny Committees, Cabinet and Council to hold special meetings in order to ensure that the budget may be approved within the statutory deadline.

·                    Membership of the Cabinet Budget Working Group would consist of the Leader, Deputy Leader, Chief Executive and Director of Finance, ICT and Property.

 

This was a matter for Executive decision, although Council would approve the final 2011/12 budget proposals.

 

RESOLVED -

 

(1)       T H A T the Budget Strategy for 2011/12, including the requirement for Directors to prepare initial revenue budgets for 2011/12 in accordance with a timetable agreed by the Director of Finance, ICT and Property be approved.

 

(2)       T H A T the following timetable for the 2011/12 Budget Process be approved:

 

Timetable for 2011/12 Budget Process	To be completed no later than
Cabinet consider the initial budget proposals	17th November 2010
Lead Scrutiny Committee responds to consultation and makes comments on budget proposals	21st December 2010
Cabinet make its final proposals on the budget	23rd February 2011
Meeting of Council to consider budget and Council tax resolution	2nd March 2011

 

Reason for decisions

 

(1&2)  To enable the 2011/12 budget process to be commenced.

 

 

 

C988              CORPORATE PLAN 2010 - 2014 MONITORING ARRANGEMENTS (L) (SCRUTINY - ALL) -

 

Cabinet were informed of the proposed arrangements for monitoring the new Corporate Plan. 

 

The Corporate Plan 2010-14 had been approved by Council on 5^th May 2010.  In addition to identifying priorities for the Council for the next four years, it would be instrumental in helping to implement the Local Government Measure 2009, which required Councils to set “improvement objectives” annually.

 

As with previous Corporate Plans, the new Plan did not include all the activities undertaken by the Council but sought to identify specific actions which were time limited and which significantly improved outcomes for local people. 

 

There were 111 actions within the Corporate Plan 2010-14 and these would be incorporated into relevant service plans for 2011/12 which would also reflect the new improvement objectives within the Corporate Plan.  All actions had been allocated to a lead officer, Director and Cabinet Member.  Progress against actions would be monitored through Ffynnon with officers providing quarterly updates in the system.

 

Service Plan half yearly progress reports were presented to Scrutiny Committees each December.  Full details of what had been achieved in the year and any slippage including reasons were also detailed in service plans for the following year.  These were considered by Scrutiny Committees from January to March. 

 

Progress against Corporate Plan actions would be incorporated into the monitoring of service plans for 2011/12.  An annual progress report on the Corporate Plan would be presented to Cabinet each May. 

 

As Service Plans for 2010/11 did not fully cover all activities in the new Corporate Plan, it was proposed that the first progress report on the Corporate Plan would be presented to Cabinet in March 2011 and would cover the first eight months of the Plan.  Subsequently annual reports would be made in May of each year.

 

Members of the Council would also be able to access Ffynnon to check progress against actions outside of the reporting cycles.

 

Monitoring arrangements for the Corporate Plan were a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T lead responsibility for delivery the actions within the Corporate Plan be as set out in the Appendix to the report, subject to the following amendments:

 

Action	Amended Lead Cabinet Member
CL8 CS6 CS7 CR3	Councillor P. Church Councillor T.H. Jarvie Councillor T.H. Jarvie Councillor P. Church

 

(2)       T H A T the timetable and process for monitoring activities within the Corporate Plan be agreed.

 

Reasons for decisions

 

(1)       To ensure that activities detailed in the Corporate Plan are achieved.

 

(2)       To ensure that Members are aware of progress in delivering the Corporate Plan and that any potential slippage is identified in good time and addressed.

 

 

C989              IMPROVEMENT PLANT 2010/11 PART 2 (L) (SCRUTINY - ALL) -

 

Cabinet received the draft Improvement Plan 2010/11, which contained performance and improvement information for all Directorates and Corporate Plan priorities. 

 

The Council published its previous Improvement Plan on 31^st October 2009.  Since that time, the Welsh Assembly Government had enacted the Local Government Measure 2009, which amended the previous legislation and included new requirements.  The achievement of continuous improvement was now a statutory duty for local authorities.

 

The majority of the information contained within the Plan was based on the Corporate Plan and departmental service plans which were considered by Scrutiny Committees during January - March.  The Council’s Corporate Plan was adopted in May 2010.  The Improvement Plan (Part 1) was agreed by Cabinet on 23^rd June and endorsed by Council on 20^th June.

 

The Plan attached at Appendix 1 to the report incorporated the information published in Part 1 (the looking forward document), along with performance information (data and text) providing a look back over 2009/10.  The performance information would be used by the Wales Audit Office to assess the Council’s ability to improve, and therefore was of critical importance to the reputation of the Council.

 

The Plan was continually evolving as information was provided by managers, and was not yet fully complete.  The information would need to be included prior to the final draft being presented to Cabinet in September.

 

The Improvement Plan formed a part of the Policy Framework and was required to be agreed by Council.

 

RESOLVED -

 

(1)       T H A T the Improvement Plan for 2010/11, as currently drafted, 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 final Plan be submitted to Scrutiny Committees for consideration and then returned to Cabinet and to Council for final approval.

 

Reasons for decisions

 

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

 

(2&3)  To agree the Plan for external audit within required timescales.

 

 

C990              POLITICALLY RESTRICTED POSTS - REMOVAL OF SALARY LEVEL RESTRICTION AND DESIGNATION OF POLITICALLY SENSITIVE POSTS (HRE) (SCRUTINY - CORPORATE RESOURCES) -

 

Cabinet were advised on further legislative changes to politically restricted posts.

 

The Local Government and Housing Act 1989 established a number of provisions aimed at ensuring the political impartiality of local government employees and introduced the concept of restricting political activity for the designation of certain posts.  Teachers and Headteachers were all exempt from political restrictions under the Act whatever their role or remuneration level.

 

The Local Government (Politically Restricted Posts) (Wales) Regulations 2008 which came into force on 29^th February 2008 increased the remuneration threshold and thereby reduced the number of officers subject to political restrictions. 

 

With effect from 12^th January 2010, the Local Democracy Economic Development and Construction Act 2009 changed the approach to identifying posts which were politically restricted under S.2 of the Local Government and Housing Act 1989 and removed the political restriction of staff by reference to their salary level.

 

The impact of the legislative provisions was set out in Appendix 1 to the report.

 

The remuneration threshold for the designation of politically restricted posts was previously set at spinal column point 44 and above and recently increased to spinal column point 49 and above, currently equivalent to £41,616 p.a. on the National Joint Council for Local Government Services pay scales.

 

Officers would need to be made aware of the removal of the salary level for politically restricted posts and future appointment letters amended to reflect the change in legislation. 

 

There were no changes to the restrictions in respect of specified posts and politically sensitive posts which remained intact.

 

Posts that were previously restricted by virtue of salary level would need to be assessed as to whether they should be politically restricted by virtue of the fact that they were considered “politically sensitive”.

 

Chief Officers have been asked to consider the change in legislation with a view to providing a list of posts within their Directorates that were considered to be politically sensitive for the approval of the Chief Executive in consultation with the Head of Legal Services.

 

Officers could apply to the Independent Adjudicator for exemption from the designation of their post as politically restricted.  Such an application would need to be accompanied by a “certificate of opinion” as to whether or not the duties of the post: “consist in or involve giving advice on a regular basis to the Council, to any committee or sub-committee of the Council or to any joint committee on which the council was represented or to the Cabinet and / or speaking on behalf of the Council on a regular basis to journalists or broadcasters”.

 

A request for a Certificate of Opinion would be provided by the Council’s Monitoring Officer in the event of dispute.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the removal of the salary level for the designation of politically restricted posts, effective from 12^th January 2010, be noted.

 

(2)       T H A T the requirement that posts previously restricted by salary level would need to be assessed as to whether the posts should be politically restricted by virtue of the fact they are considered “politically sensitive” or excluded from restriction be noted.

 

(3)       T H A T approval of the determination of politically sensitive posts be delegated to the Chief Executive in consultation with the Head of Legal Services.

 

Reasons for decisions

 

(1)       To advise current employees previously affected that their posts are no longer considered politically restricted posts.

 

(2&3)  To establish an approval mechanism of politically sensitive posts.

 

 

C991              SICKNESS ABSENCE REPORT - FULL YEAR 2009 TO MARCH 2010 (HRE) (SCRUTINY - CORPORATE RESOURCES) -

 

Cabinet received sickness information for the financial year April 2009 to March 2010 across Directorates of the Council and schools, and were updated on the progress in sickness management arrangements.

 

Absence figures for the months of April 2009 to March 2010 were as follows:

 

	Annual Target 2009/2010	Actual Absence 2009/2010
Average days / shifts lost per FTE (Corporate)	10.77	9.7
Percentage of lost time by FTE (Corporate)	4.3%	4.0%
Average days / shifts lost per FTE (Including Schools)	N/A	8.5
Percentage of lost time by FTE (Including Schools)	N/A	3.7%

 

The corporate absence figures for 2009/10 represented a 10% reduction based on the target set for the year and 17% reduction on the actual absence rates for 2008/09.

 

The total Authority absence figures (including schools) represented a 23% reduction in the corresponding outturn figures for 2008/09.

 

Although schools’ absence rates were included in the report, the management of attendance policy did not, as yet, apply within individual schools.  Consultation with the teacher unions / associations and discussion with governing bodies would be ongoing in relation to this.

 

Comparative absence figures from other Welsh authorities suggested that the Council was performing well in relation to the management of sickness absence.  Based on recent information from the WLGA, the Council had the second lowest absence rates for the year end period 2009/10.  This was based on information from 15 Welsh authorities and on a range of absence rates from 8.36 days to 12.95 days per employee. 

 

The absence figures for 2009/10 provided strong evidence of the continued progress being made in relation to the management of absence.  Review meetings had continued to take place with all  Heads of Service (conducted by the Cabinet Lead for Human Resources and relevant portfolio Cabinet Member).  This had helped to ensure the ongoing performance management of absence issues and the consistent application of the attendance policy across all service areas. 

 

It was proposed that a further challenging target of 9 days lost per employee be set for the new two year period.  This would represent a reduction of 16% on the target for 2009/10 and, if achieved, a reduction of over 7% on actual absence rates for that year.

 

The targets were based on the following considerations / expectations:

 

·                    the carrying forward of 2009/10 targets for those service areas who failed to meet such targets last year and the focusing of support for these areas

·                    the requirement for all other service areas to at least maintain the high levels of attendance as achieved in 2009/10

·                    the setting of a de minimum level of absence of 4 days absence for those service areas who had absence below this in 2009/10.

 

This target would be set only for corporate absence (i.e. excluding schools).  This could be reviewed once discussions about the adoption of the management of attendance by governing bodies had been concluded.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the report be accepted.

 

(2)       T H A T the report be referred to Scrutiny Committee (Corporate Resources) for comment.

 

(3)       T H A T the corporate sickness absence targets, as set out within Appendix B to the report, be approved.

 

Reasons for decisions

 

(1&2)  To bring matters to the attention of Cabinet Members in line with corporate aims and objectives.

 

(3)       To establish targets to promote attendance and to contribute to the Council’s Corporate Objectives.

 

 

C992              COUNCIL HOUSING STOCK - TRANSFER PROJECT (HCS) (SCRUTINY - HOUSING AND PUBLIC PROTECTION) -

 

Cabinet were informed of progress with the Housing Stock Transfer, and in particular the recent consultants’ appointed to this project.

 

Council at its meeting in October 2009 resolved to consult tenants by way of ballot as to whether the Council’s housing stock should transfer to an alternative provider. 

 

As part of the pre-ballot process, the Council was responsible for appointing external consultants to assist in the transfer process, these being a Lead Consultant, Legal Consultant, Communications Consultant and an Independent Tenants Advisor who would work directly with tenants themselves.

 

The appointment of the four external consultants was now complete and the following had been appointed:

 

·                    Lead Consultant - Tribal Consulting

·                    Legal Consultant - Trowers and Hamlins

·                    Communications Consultant - IPB Communications

·                    Independent Tenants Advisor - Open Communities.

 

The consultants had now commenced and were working with the in-house project team to deliver the pre-ballot project plan with the ballot planned to take place in February 2011.  Should there be a positive vote by tenants, then transfer would take place in March 2012.

 

In respect of the appointment of the Communications Consultant, a separate “Request for Use of Emergency Powers” by the Chief Executive was required so that the February 2011 timescale could be met i.e.

 

·                    to authorise the acceptance of the supplier’s bid

·                    to authorise an exemption from contract standing orders.

 

The Shadow Board met on a fortnightly basis and with the Consultants on a monthly cycle.  The Shadow Board had agreed the name of the new registered social landlord organisation as Heritage Coast Homes. 

 

As part of the governance arrangements for Heritage Coast Homes, there was a legal requirement to establish a formal constitution for the new organisations (subject to a “Yes” vote by tenants).  At the Shadow Board meeting of 26^th May, three options were considered, i.e.

 

·                    An Industrial and Provident Society (IPS) - registered with the FSA and a not for profit organisations whose activities had to be conducted for the benefit of the community.

·                    A Company Limited by Shares (CLS) - registered with Companies House and traditionally a trading company in which members hold shares.  CLSs were usually formed for the purpose of making profits but they could also be “not for profit” or even charitable.

·                    A Company Limited by Guarantee (CLG) - similar to a CLS except that members did not hold shares.  Instead, each member undertook to pay a nominal fee (usually £1.00) in event of insolvency.

 

The Welsh Assembly Government had developed a Community Housing Mutual (CHM) model which was their preferred model for housing transfers.  A CHM was an organisation in which tenants, residents and local organisations were the sole members with the focus being on empowerment and involvement of local neighbourhoods and communities. 

 

Members of the Shadow Board had agreed that Heritage Coast Homes would become a Welsh Community Housing Mutual established as an Industrial and Provident Society with charitable objects.

 

Staff consultation had commenced and included the following:

 

·                    staff conferences for both Housing and Building Services staff

·                    establishment of a Staff Advisory Panel which would include representatives from Housing Services, Building Services and Support Staff

·                    staff newsletters which would be produced and issued on a regular basis

·                    a “Pocket Guide” which would be available for staff which included possible questions that tenants may raise - so that the same consistent response could be provided by staff

·                    regular updates by the Transfer Project Team on the transfer process at team meetings

·                    a separate section on StaffNet on the transfer process - this would be updated on a regular basis

·                    field study visits to other councils where transfer had occurred.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the progress to date with the housing stock transfer project, including pre-ballot costs to be funded by the Welsh Assembly Government be noted.

 

(2)       T H A T the use of the Chief Executive’s emergency powers in respect of the appointment of the Communications Consultant be noted.

 

(3)       T H A T the constitutional model for the new social landlord be agreed.

 

Reasons for decisions

 

(1)       To note progress and costs with the pre-ballot work.

 

(2)       To note the Chief Executive’s emergency powers.

 

(3)       To agree the constitutional model.

 

 

C993              BARRY DOCKS LINK ROAD UPDATE (VBS) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Cabinet were advised of progress with the commission to introduce long term highway safety measures on the Barry Docks Link Road (A4231).

 

It was reported that a commission had been prepared and quotations sought from three engineering consultancies for the provision of Professional Services for Highway Design and Project Management.  Details of the Defined Scope Tasks of this commission were presented in Appendix A to the report. 

 

Quotations were to be returned by 13^th July 2010, and the commission was anticipated to take 13 weeks.

 

A request for additional signage at this location was currently being investigated and appropriate signage would be installed in due course.

 

This was a matter for Executive decision.

 

RESOLVED -

 

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

 

(2)       T H A T the report be referred to Scrutiny Committee (Economy and Environment).

 

(3)       T H A T a further report be presented to Cabinet on the completion of the commission.

 

Reasons for decisions

 

(1-3)    For information.

 

 

C994              TOURISM STRATEGY (LT) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Cabinet considered a recommendation to adopt the Vale of Glamorgan’s Tourism Strategy. 

 

Drafts of the Tourism Strategy had been considered by the Economy and Environment Scrutiny Committee and Cabinet on a number of occasions. 

 

A formal consultation period had been held during February 2010, which concluded in a successful conference held at Cowbridge.

 

Whilst the consultation exercise had a limited response, the comments received were generally positive and some changes had been made to the Draft Tourism Strategy as a result of certain recommendations being made.

 

The final Tourism Strategy was attached at Appendix A to the report. The printed document complete with foreword and positive tourism images of the Vale of Glamorgan would be produced once Cabinet had approved the text.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the Vale of Glamorgan Tourism Strategy be formally adopted, subject to the following:

 

            -           Art Central, not Arts Central in Paragraph 6.52

            -           Reference to “Barry Museum” in paragraph 6.53, and STO32 to read “Vale Heritage Centre”

            -           Any reference to “Event Officers” to read “Events Officer”.

 

(2)       T H A T the Scrutiny Committee (Economy and Environment) receive annual updates on the progress of the Strategy.

 

(3)       T H A T any further amendments be agreed by the Director of Environmental and Economic Regeneration in consultation with the Cabinet Member for Leisure and Tourism.

 

Reasons for decisions

 

(1)       To provide direction to the Council’s tourism activities.

 

(2)       To allow the Scrutiny Committee to monitor progress on the Strategy objectives.

 

(3)       In order to finalise the Strategy.

 

 

C995              SCHOOL INSPECTION REPORTS (ELL) (SCRUTINY - LIFELONG LEARNING) -

 

Cabinet were advised of the outcomes of School Inspections undertaken during 2010 in respect of:

 

·                    Cadoxton Nursery School

·                    Gwenfô Church in Wales Primary School.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the outcomes of the School Inspections be noted.

 

(2)       T H A T the Director of Learning and Development ensure that school action plans to address identified areas for development are 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 ensure elected Members are kept informed of the progress of maintained schools.

 

(2)       To ensure areas for development are addressed.

 

(3)       To recognise the achievement of schools.

 

 

C996              LOCAL TRANSPORT SERVICES GRANT 2010/11 (PT) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Cabinet were informed of the Local Transport Services Grant that had been made available from the Welsh Assembly Government for the continued support of the local bus services for the current financial year.  Cabinet were also advised of how the Local Transport Services Grant was currently used within the Vale of Glamorgan.

 

The services that were provided by the provision of LTSG were detailed in Appendix A to the report.  For the financial year 2010/11 there had been an inflation increase over that paid for 2010/11.  The total value of the grant across Wales was £11,300,000 with £463,496 being allocated to the Vale of Glamorgan.

 

The grant was ring fenced for Public Transport Services (Local Bus and Community Transport Facilities) and associated administrative costs together with publicity and also minor works e.g. bus shelter improvements.  One of the conditions of the grant was that a Local Authority must spend at least 10% of its allocation on Community Transport Services which may include training related to the same.  The Vale of Glamorgan Council contributes to the operating costs of VEST (Voluntary Emergency Services Transport), EVCT (East Vale Community Transport) and for the first time in 2009/10 to DPVC (Dinas Powys Voluntary Concern).  VEST provides facilities for registered users for a weekly trip to Cardiff, with the Vale being split into three zones.  Additionally, on a Saturday, there is a facility to Barry Morrisons and Barry King Square.  EVCT dealt primarily with small groups in the Penarth Area and Eastern Vale.  DPVC currently operated one adapted mini bus in the Dinas Powys area, specifically for the benefit of the elderly and people with disabilities living in the local community and had a large group of volunteer drivers.  There was a part time paid co-ordinator based in the Murchfield Community Centre.  Additionally £20,000 would be used towards partial match funding in respect of the new Greenlinks Community Transport Minibus which the Authority was now running in the rural Vale of Glamorgan.

 

In respect of the standard Local Bus Services, the LTSG had in the past been used to support a number of additional services together with services provided on enhanced frequencies and in certain cases where there had been Commercial Services withdrawn but reinstated with LTSG.  The additional services previously introduced were as follows:

 

87/87A Penarth to Culverhouse Cross (Monday to Saturday) - revised from 22^nd March 2010

88 Barry Penarth (Daily) - revised from 21^st March 2010

89 Dinas Powys to Cardiff (Daily) - revised from 21^st March 2010

146 Llantwit Major to Bridgend (Monday to Saturday)

322 Barry to Cardiff via Peterston (Monday to Friday).

 

In addition the LTSG had allowed enhancements to services, as follows:

 

·                    Improved frequencies and more standard timetabling covering service 145 Llantwit Major to Bridgend via St. Donats and Ogmore by Sea.  Now hourly Mondays to Saturdays.

·                    Village Bus Services V1 to V6.  Improvements to frequencies and more standardised timetable, particularly Services V1, V2, V3 and V4 and with a new Service V6 to Llandough being reintroduced after a number of years absence.

·                    Additionally the evening Service X2 between Bridgend and Cardiff via Cowbridge and the A48 was supported through LTSG as were Sunday Services 94 and 96 between Barry and Cardiff via Penarth (Service 94) and Wenvoe (Service 96).

 

A summary of expenditure was contained in Appendix A to the report.  For the sake of completeness, Appendix B detailed expenditure on other Local Transport (Bus) Services currently secured through the Council’s published budget (i.e. excluding the LTSG allocation).

 

It was noted that should a Local Authority cut its own budget on supported bus services, then WAG could reduce the LTSG allocation to reflect that cut.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the sum of £463,496 Local Transport Services Grant be accepted for 2010/11.

 

(2)       T H A T the current use of the LTSG be approved and that it be included in the Council’s expenditure programme.

 

 

 

Reasons for decisions

 

(1)       To ensure continued local bus service and community transport provision through the expenditure of the LTSG.

 

(2)       To include the approved programme in the Council’s expenditure programme.

 

 

C997              VALE OF GLAMORGAN RURAL PARTNERSHIP - BUSINESS PLAN 2 (EDR) (SCRUTINY - CORPORATE RESOURCES) -

 

Approval was sought for the submission of Business Plan 2 of the Vale of Glamorgan Rural Partnership to deliver Axis 3 and 4 of the Rural Development Plan for Wales.  The Business Plan would cover the period 1^st March 2011 to 31^st December 2013.

 

The Partnership aimed to facilitate the economic activities available to the rural economy and the quality of life of local residents through utilising external funding (primarily via the Rural Development Plan for Wales). 

 

The Local Development Strategy (LDS) for the Rural Vale covering the period 2007-2013 was approved by the Welsh Assembly Government in 2007 and was reviewed in 2009.

 

The core themes for the LDS were:

 

·                    community capacity building

·                    developing the roles of women and young people in rural regeneration

·                    business networking and co-operation

·                    access to, and provision of, basic services in rural communities

·                    making the best use of resources.

 

Business Plan 1 had been approved by Cabinet in 2007 and WAG in 2008 and covered the period until February 2011.  Eleven projects were approved for funding equating to approximately £2 million of grant against approximately £2.5 million of project value.

 

The process for developing Business Plan 2 (1^st March 2011 to 31^st December 2013) seeking funding via WAG from the Rural Development Plan for Wales differs slightly to the submission of Business Plan 1.  WAG guidance requested Business Plan 2 to comprise of one project for each of the measures identified by the Partnership.  The following projects were proposed under Business Plan 2:

 

·                    Pride in our Farming Communities: Diversification into non-agricultural activities - grant support to farming businesses to develop new diversification opportunities with a strong link to maximising tourism opportunities afforded by the Vale.  The RDP grant sought was £334,000.

·                    Pride in our Businesses: Support for Business Creation and Development - the provision of early stage pre-start support and small scale investment grants of up to £5,000 for new and existing micro-businesses.  The grant sought was £184,000.

·                    Pride in our Destination: Encouragement of Tourism Activities - proposed project to be delivered via two strands: a grant scheme to support tourism providers to enhance and develop their tourism product and support for tourism operations through co-ordinated marketing activities.  The grant sought was £624,000.

·                    Pride in our Services - Basic Services for the Economy and Rural Population - support to both retain and enhance services in rural villages and the connectivity between villages and key locations throughout the rural Vale.    Grant sought £1,065,680.

·                    Pride in our Villages: Village Renewal and Development - implementation of an holistic approach to physical regeneration to be delivered through an identification of need and the provision of small scale capital grants.  Grant sought £306,000.

·                    Pride in our Heritage: Conservation and Upgrading of the Rural Heritage - improvements to the physical environment of villages and conservation of the rural heritage.  The project to be delivered through three strands: support for events that celebrate the heritage of the rural Vale, co-ordinated activity to encourage young people to engage in heritage and grant support for the refurbishment of publicly accessible built heritage within the Vale.  Grant sought £514,000.

·                    Implementing Local Development Strategies - support to establish greater community engagement, build capacity and ownership to effectively capture and exploit the innovation and entrepreneurial expertise within the rural Vale.  This project was largely made up of staff delivering capacity building services and capital and revenue funding for new initiatives following engagement of key stakeholders.  Grant sought £576,000.

 

Business Plan 2 was developed on the basis of a “design and procure” option and therefore the Council would need to bid to deliver all the projects proposed above apart from the Axis 4 project - Implementing Local Development Strategies. 

 

The total value of the seven projects proposed was £4,546,100.  This equated to a potential match funding requirement of £942,420 against requested RDP grant of £3,603,680.  Match funding would primarily come from the recipients of “onward” grant support, for example organisations, community groups or businesses receiving grants.  All grant schemes were awarded at a maximum 70% intervention rate requiring match funding from recipients.  Funding was drawn down from WAG at a higher rate so that the majority of staff costs were funded via recipient match funding.

 

There were no new additional revenue resource implications for the Council.  Although it was envisaged that various Council departments would bid to deliver a number of the proposed revenue activity, if approved by WAG. 

 

However, it was anticipated that £200,000 of capital cash match funding from the Vale of Glamorgan Council would be required to deliver the project covering the period 1^st March 2011 to 31^st December 2013.  This figure primarily related to the Axis 4 project being fully matched by the Council along with smaller amounts within Axis 3 and an allowance for a buffer should grants not be fully allocated under Axis 3.  This approach had been adopted when calculating the £118,000 under Business Plan 1.  Funding for the £200,000 would be found initially from the Project Fund, to be repaid corporately.

 

Part of the report contained recommendations that should be referred to Council because they were contrary to and not wholly in accordance with the budget. 

 

RESOLVED -

 

(1)       T H A T the submission of Business Plan 2 to the Welsh Assembly Government and underwriting the match funding to the value of £942,420 be approved.

 

(2)       T H A T the final details of specific projects be reported to a future meeting of Cabinet for approval, together with the staffing implications for their implementation.

 

(3)       T H A T Council be recommended to approve the 2011/12 Capital Programme being increased by £200,000 to reflect the match funding required for the scheme, subject to grant being accepted.

 

Reasons for decisions

 

(1)       To maximise resources available to the Council to support the delivery of the Council’s Corporate Objectives, and ensure the bid is eligible.

 

(2)       To agree final specific projects after negotiations with the Welsh Assembly Government are concluded and authorise the employment of essential staff.

 

(3)       To reflect the cash match funding required for the scheme.

 

 

C998              SOCIAL SERVICES CHANGE PLAN 2007/2010: FINAL UPDATE (SCS) (SCRUTINY - SOCIAL CARE AND HEALTH) -

 

Cabinet were advised of progress made in implementing the Change Plan.

 

Implementation of the Change Plan had continued to be dynamic process.  It was a long term Plan and most of the actions were scheduled for completion between April 2007 and March 2010.  The Change Plan had been updated to reflect the current progress in relation to the outstanding actions and this document was attached at Appendix 1 to the report.  Of the original 101 actions in the Change Plan, 75 had been signed off as complete and significant progress had been made with the rest.  This represented a significant achievement and the positive impact had been felt across all areas of the service.

 

WAG had introduced statutory guidance on the role and accountabilities of the Director of Social Services, issued under Section 7 of the Local Authority Social Services Act 1970.  This required the Director to report annually on the delivery and improvement plans for Social Services.  The report would provide core evidence for the revised inspection and review framework to be used by CSSIW.  With the introduction of an annual framework and a robust process for planning improvements in Social Services and reporting on outcomes in delivering changes, this appeared to be a good opportunity for bringing the Change Plan to a timely conclusion.  It was proposed therefore that this be the final update of the Change Plan and that the outstanding actions should be included in appropriate service and team plans within Social Services or relevant corporate plans. 

 

Throughout the period of the Plan it was recognised that the Social Services Directorate could not deliver the Plan in isolation.  To achieve the required outcomes, there had been very close working with other Council services, as well as with partner organisations.  The Vale Council as a whole could take great credit for its ability to implement a programme on this scale and of this duration, with good use made of the systems for scrutinising progress and dealing with obstacles to progress.  There was considerable evidence that the Change Plan had enabled the Social Services Directorate to improve still further the quality of the help and support it provided to vulnerable people in the Vale and also to become more efficient in areas such as service planning, financial management and performance management.  Reports from a range of external inspectorates, auditors and regulators acknowledged the progress that had been made.

 

One of the key objectives in the Plan had been to address the causes of overspending, thereby enabling the Directorate to make savings and efficiencies in the way it operated while ensuring that these do not translate into unacceptable cuts in services.  The budget outturn for the previous three financial years demonstrated the effectiveness of the strategies employed.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the draft updated Change Plan be noted and approved.

 

(2)       T H A T the Change Plan be signed off and that any outstanding actions be included in appropriate service and team plans within Social Services or relevant corporate plans.

 

 

 

Reasons for decisions

 

(1)       There are extensive arrangements for monitoring implementation of the Change Plan.  Cabinet takes responsibility for endorsing the update, approving revisions and signing off completed actions.

 

(2)       After three years, implementation of the Change Plan is fundamentally complete and outstanding actions will be delivered through normal planning and performance arrangements.

 

 

C999              A FRAMEWORK FOR HEALTHY COMMUNITIES IN THE VALE OF GLAMORGAN (SCS) (SCRUTINY - SOCIAL CARE AND HEALTH AND CORPORATE RESOURCES) -

 

Approval was sought for a new approach to improving the health of the population, called the Healthy Communities Framework, a copy of which was attached at Appendix 1 to the report.

 

The current health of the population in the Vale of Glamorgan provided a number of key challenges to all public services in the area, including:

 

·                    increasing numbers of older people and consequent levels of chronic conditions

·                    poorer health outcomes related to cancers, heart disease, stroke and respiratory disease within our most disadvantaged communities

·                    the local consequences of an All-Wales trend in overweight children (which may mean that, in an increasing number of cases, parents will begin to outlive their children).

 

The impact on demand for public services was considerable and wide ranging, just as the causes were multiple and complex.  These issues needed to be tackled in a planned way and on a multi-agency basis.  Council services played a significant role in influencing the health of the population.  There was strong evidence that employment, education and lifelong learning, housing, planning the physical environment, sustainable development, community safety and access to services were extremely important for improving health.

 

The creation of a new Public  Health Wales organisation and University Health Board, better linked to local networks, had provided opportunities for dialogue across the Council to discuss how a more collaborative, more corporate and more planned approach to promoting healthy living and healthy communities could be achieved in the Vale. 

 

The potential benefits to the Council of taking a focused, strategic approach to health improvement included:

 

·                    reducing the burden on social care services by keeping people independent for longer

·                    increasing the use of leisure services

·                    producing a healthy, more productive workforce with reduced sickness absence.

 

In its role as community leader, and given the range of services if provided, the Council had a central role to play in improving the health of the population.  The “Healthy Communities” framework would help to ensure that the Council routinely considered public health issues in all relevant planning and partnership activities, with a key focus on food and fitness.  This would include:

 

·                    considering the impact of policy decisions on public health

·                    targeting public health development work in disadvantaged areas

·                    using community staff and venues as a resource to communicate public health messages.

 

The areas of food and fitness had been chosen because:

 

·                    a lack of healthy food choice and participation in physical activity were key risk factors for the most common diseases in the Vale, which impact on patterns of service use

·                    these are healthy improvement areas where the Council could realistically look to produce positive change, using available Council and partnership resources

·                    this will build on current actions already sponsored by the key strategic partnerships (Health, Social Care and Wellbeing and Children and Young People), enable a focus on particular geographical areas of need and include action which would benefit the whole population.

 

As set out in Appendix 1 to the report, there were three themes in the “Healthy Communities” framework and a range of actions within each:

 

·                    building capacity and skills for public health, both with staff and with individuals and groups in the community.  This would involve, for example, the provision of training to social care staff such as the intermediate care team, home carers and care home staff on food and nutrition on how to support older people make healthy food choices

·                    supporting those most in need in disadvantaged areas.  This would involve, for example, increasing facilities to support physical activity within the Barry Regeneration Area

·                    incorporate a public health dimension in the planning, design and development of new communities.  This would involve, for example, piloting an assessment of the impact on health of a major development in the Vale of Glamorgan.

 

The next step would be to use the “Healthy Communities” framework to produce a Food and Fitness Strategy and Action Plan for the Vale, with a range of Council departments and partners, to be launched in the Autumn of 2010.

 

It was proposed that, in addition to the better co-ordination of work across the Council, the LSB should be asked to champion the “Healthy Communities” framework across the key strategic partnerships.  To date, it was the Health, Social Care and Wellbeing Partnership, the Children and Young People Partnership which had been most clearly taking concerted action to improve health and prevent ill health in the Vale.  It was felt that the other partnerships also had a key role to play. 

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the Healthy Communities Framework be noted and endorsed.

 

(2)       T H A T the Local Service Board be requested to champion the Health Communities Framework across the key strategic partnerships.

 

(3)       T H A T the use of the Framework to produce a Food and Fitness Strategy and Action Plan for the Vale, with contributions by relevant Council departments and partners, to be led by the Director of Social Services, be approved.

 

(4)       T H A T the report be referred to the next meeting of the Scrutiny Committee (Social Care and Health) and (Corporate Resources).

 

Reasons for decisions

 

(1)       To support a focused approach to improving the health of the population in the Vale of Glamorgan.

 

(2)       To encourage involvement by a wide range of agencies and organisations in delivering the new approach.

 

(3)       To take forward the programme of work needed to help residents in the Vale adopt a healthier lifestyle.

 

(4)       To ensure that the relevant Scrutiny Committees are able to exercise effective oversight of the way in which the Framework was being used.

 

 

C1000                        HAFAN TREHARNE IMPROVEMENTS: TENDER ACCEPTANCE (L AND HCS) (SCRUTINY - CORPORATE RESOURCES) -

 

Approval was sought for an exception to Contract Standing Orders so as to permit acceptance of the lowest compliant tender under delegated authority.

 

Included within the current Housing Improvement Programme was a budget of £600,000 for improvement works to Hafan Treharne, a hostel for the homeless.  The facility was being developed to ensure that the Council complied with the All Wales Suitability Order.

 

 A detailed design / construction programme had been drafted which indicated an extremely challenging construction period in order to achieve a full spend of the approved budget by completing the site works before the end of March 2011.

 

The current estimated construction value of the project was approximately £525,000.

 

Contract Standing Order 9.1 granted Chief Officers delegated authority to accept tenders up to a maximum of £300,000.  The decision regarding acceptance of tenders in excess of this amount lay with Cabinet. 

 

The requirement to submit a report to Cabinet seeking acceptance of tenders over £300,000 could, on occasion, result in the award of a contract taking over a month longer than for tenders that were accepted by a Chief Officer using delegated authority. 

 

It was considered that granting the Director of Finance, ICT and Property, in consultation with the Leader, Cabinet Member for Housing and Community Safety and the Head of Public Housing Services, delegated authority to accept the lowest compliant tender (subject to it being within the available budget) would result in an addition 3 to 4 weeks being available for the construction phase of the project.  This would assist in reducing the risk of not achieving a full spend of the current year’s MRA allocation. 

 

This was a matter for Executive decision.

 

RESOLVED - T H A T, subject to it being within the available budget, the Director of Finance, ICT and Property, in consultation with the Leader, Cabinet Member for Housing and Community Safety and the Head of Public Housing Services, be granted delegated authority to accept the lowest compliant tender in relation to Hafan Treharne Improvements.

 

Reason for decision

 

To assist in achieving a full spend of 2010/11 Major Repairs Allowance allocation received from the Welsh Assembly Government before the specified deadline of the end of March 2011.

 

 

C1001                        ITEMS WHICH THE CHAIRMAN HAD DECIDED WERE URGENT -

 

RESOLVED - T H A T the following items which the Chairman had decided were urgent for the reason stated beneath the minute heading be considered.

 

 

C1002                        RHOOSE POINT - UPDATE ON LAND TRANSFERS, DRAINAGE AND HIGHWAY MATTERS (VBS) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

Urgent by reason for the need to make a decision

 

Cabinet received a report which:

 

-                      updated on land transfers, drainage and highway matters at Rhoose Point

-                      sought delegated authority to negotiate and agree in principle, the terms of deeds of variation with the Administrator acting on behalf of the infrastructure developers at Rhoose Point (Cofton Ltd) for all outstanding land transfers on the development

-                      sought authority to use any funds connected to the planning Agreements for Rhoose Point towards matters related to the development.

 

Land Transfers

 

The land to be transferred to the Council via the various planning Agreements was shown on the plan attached at Appendix A to the report. 

 

In March 2009, Cofton Land & Property (Cardiff) Limited and Cofton Land & Property (Projects) Limited went into administration.  Since then officers had been seeking agreement on the various land transfers with the Joint Administrators.

 

The Administrators had indicated that the Company were unable to transfer land to the Council under the terms of the existing S106 Agreements as the liability represented an unsecured claim.  However with a number of variations to the terms of these Agreements, it was possible that transfers had been progressed.  The Company’s concerns related to any ongoing liabilities on the land to be transferred, the provision of future access rights across the land and the cost of the transfers.

 

The transfer of land was imperative to the successful conclusion of matters relating to drainage and highway adoption. 

 

Due to the inability of the Company to progress land transfers as per the various Agreements and the consequences to residents of Rhoose Point of this delay, in November 2009 the Head of Visible Services made a “without prejudice” offer to the Company of £20k. in lieu of all their outstanding S106 obligations.

 

The £20k. payment from the Company to this Council was to compensate the following planning obligations not yet discharged:

 

·                    A bus subsidy of no more than £3,000 per annum to divert bus services between Aberthaw and Barry to the site.

·                    Play areas within head Housing Zone up to 3 areas.  This had been achieved in part, but the land had not been transferred to the Council to date.

·                    Open Space and Nature Reserve (and coastal path) should be laid out and landscaped in accordance with details as may be approved. 

·                    Pay £20,000 (index linked amounts to £27,536.00) to provide an interpretation centre building within the Nature Reserve.  This was still outstanding.

·                    Pay £55,000 (index linked amounts to £62,920) towards the cost of constructing changing rooms upon and for use within the Playing Field - £55,000 was paid to the Council on 15^th August 2000 and £7,920 remains outstanding.

·                    An area of 0.75 ha for a Transport Interchange to be transferred to the Council when complete.  The Interchange has been built but the land was yet to be transferred to the Council.

 

Whilst the “without prejudice” offer of £20k. represented a reduction in the monies that should be payable, it was considered that attempts to secure the land transfers and the payment of any outstanding contributions through a legal process would provide little prospect of securing anything other than a very small percentage of the amount owed. 

 

In order to ensure flexibility and a prompt resolution, Cabinet was requested to delegate authority for this matter to the Director of Environmental and Economic Regeneration in consultation with the Cabinet Members for Visible and Building Services and Planning and Transportation.  On conclusion of these negotiations, the Council’s Planning Committee would be requested to agree Deeds of variation for the various planning Agreements involved.

 

Drainage Adoption

 

A meeting was held in April between officers and representatives of Dwr Cymru / Welsh Water (DCWW) at which it was agreed that the Council would undertake to obtain the following information for submission to DCWW:

 

·                    land ownership details (to be agreed with the Company)

·                    details of land to be transferred to DCWW in relation to the pumping station

·                    details of easements for sewers crossing land outside the public highway

·                    as-laid plans of sewers and details of the pumping station

·                    a copy of the Environment Agency’s Discharge Consent for emergency overflow

·                    details of overflow arrangements into the lagoon.

 

A package of information was prepared by officers and supplied to DCWW in November 2009, including the following:

 

·                    plans showing potentially adoptable foul and surface water sewers

·                    plans showing areas where easements would be required

·                    sewage pumping station details

·                    Environment Agency’s Discharge Consent for emergency overflow.

 

Details of typical transfer documents had been provided by Persimmon Homes with particular reference to easements for potentially adoptable sewers over land that they had developed.  DCWW had confirmed that these are acceptable provided that the following information is supplied in support of each:

 

·                    a up to date Search of the Index Map

·                    up to date Title information including filed plans of the Title Numbers revealed

·                    a certified colour copy of the Transfer affected by the easement strip

·                    a certificate confirming that the wording is identical in all of the Transfers

·                    a Deed of Grant for all those areas of easement not included previously (if any).

 

To complete the information required by DCWW, the following tasks needed to be undertaken by officers:

 

·                    confirmation of all Land Registry information (satisfy DCWW that all land relevant to the operation of the drainage system is in Public ownership, Lagoons, etc.)

·                    survey the manholes and sewer runs and produce as-laid drawings (cost estimated at £5k.)

·                    pre-clean system and carry out CCTV survey (cost estimated at £20k.)

·                    joint site inspection of sewers and pumping station with DCWW (cost estimated at £10k.).

 

The total estimated cost of the work still required was £35k. and this work could be completed in 8 weeks.  However as the outcome of survey work was somewhat time bound it would not be wise to undertake this work until such time as the land transfers were imminent.  In addition, there was no current budget provision for this work and Cabinet were requested to authorise the use of funds received from the various planning Agreements i.e. £20k. (negotiated fee) plus £55k. (fee set aside towards the costs of constructing changing rooms) to pay for this work.  Any remaining funds could be used to improve the local environment on the development.

 

Highway Adoption

 

There were no major technical issues precluding adoption of the infrastructure highways at Rhoose Point, save for the issue of sewer adoption.  The highways that would be adopted subject to the sewers being adopted by DCWW were shown on the plan attached at Appendix C to the report.

 

The remaining highways on the development were subject to individual Agreements between the various house builders and DCWW.  When the infrastructure sewers were adopted by DCWW it was hoped that progress would then be made between these various parties, permitting the adoption by this Council of the remaining highways on the development.

 

This was a matter for Executive decision.

RESOLVED -

 

(1)       T H A T the current position on land transfers and drainage and highway adoption a Rhoose Point be noted.

 

(2)       T H A T delegated authority be granted to the Director of Environmental and Economic Regeneration, in consultation with the Cabinet Members for Visible and Building Services and Planning and Transportation, to negotiate and agree in principle, the terms of deeds of variation with the Administrator acting on behalf of the infrastructure developers at Rhoose Point (Cofton Ltd) for all outstanding land transfers on the development.

 

(3)       T H A T on acceptance of the “agreement in principle” with the Company, the full terms of deeds of variation be reported to the Planning Committee for formal acceptance.

 

(4)       T H A T delegated authority be granted to the Director of Environmental and Economic Regeneration and the Cabinet Members for Visible and Building Services and Planning and Transportation, to use all remaining funds from the planning Agreements at Rhoose Point, for  matters related to the development at Rhoose Point.

 

Reasons for decisions

 

(1)       To ensure Cabinet are appropriately informed.

 

(2)       To assist in ensuring a prompt resolution to outstanding matters on the development.

 

(3)       To obtain the required authority to agree deeds of variation to the existing planning Agreements.

 

(4)       To permit funding from planning Agreements to be used to progress relevant matters relating to the Rhoose Point development.

 

 

C1003                        DISPOSAL OF LAND AT PENARTH MARINA (L) (SCRUTINY - CORPORATE RESOURCES) -

Urgent by reason of the need to agree terms with the developers to allow construction works to commence during the summer

 

Cabinet received a report which:

 

-                      advised of a proposal made by Swanbridge Development Ltd to construct a café / restaurant and office facility at Penarth Marina on land owned by the Council

-                      sought authority to commence and finalise negotiations with the developers for the disposal of a parcel of land at Penarth Marina in order to further the plans to develop the facilities

-                      sought authority to execute any legal documentation required to complete the disposal and the development.

 

Quay Marinas Ltd occupied the Penarth Marina by virtue of a lease from the Council. 

 

The Council had been approached by Quay Marinas Ltd and Swanbridge Developments Ltd with a proposal from Swanbridge to invest in Penarth Marina by developing a new café / office building adjoining Compass House. 

 

Quay Marinas Ltd are very support of the proposals and had agreed in principle to assign that part of their lease that constituted the proposal site to the developer in order to facilitate the construction of the proposed development.

 

The Council was aware that there was currently a limited supply of café / restaurant facilities in the Marina area generally and Quay Marinas argued that it was a much needed facility required in order to sustain and increase the number of berths being utilised by boats at the Marina. 

 

The Planning approval for the development included a provision of on site parking and turning facilities to serve the development in the interests of highway safety.

 

The Council’s rental income for the use of its land was based on a percentage of berthing income derived by the Tenants for the use of the Marina.  The Council would therefore directly benefit if the new facilities increased the number of berths being utilised at the Marina.

 

It was proposed that the Development would be constructed under licence with the Freehold transferring upon completion of a satisfactory development.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the proposals made by Swanbridge Developments Ltd to develop a café / restaurant and office facility at Penarth Marina be noted.

 

(2)       T H A T the Director of Finance, ICT and Property be authorised to negotiate terms and conditions for the disposal of a parcel of land at Penarth Marina to Swanbridge Developments Ltd in consultation with the Leader.

 

(3)       T H A T the Director of Legal, Public Protection and Housing Services be authorised to execute any documentation necessary to complete the interim licence, the sale and the merger of leasehold interest.

 

Reasons for decisions

 

(1)       To ensure that Cabinet are aware of the proposals.

 

(2)       In order to negotiate Terms and Conditions to allow the Development to proceed.

 

(3)       In order to complete the transaction.

 

 

C1004                        LOCAL ROADSAFETY GRANT EXPENDITURE 2010/11 (PT) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Cabinet were apprised of the options available for the expenditure of this year’s Welsh Assembly Government’s Local Road Safety Grant, the total amount of which was £383,000 for 2010/11. 

 

Whilst there were a number of large schemes that required significant funding for road improvements such as the Barry Docks Link Road, Cardiff Road / Palmerston Road and Court Road / Gladstone Road, the costs of implementing these schemes were prohibitive within the remit of Local Road Safety Grant.  Therefore, future funding of these schemes was being sought from alternative funding streams such as the Council’s Capital Programme and Regional Transport Funding.

 

The report contained details of proposals to spend the 2010/11 Road Safety Grant.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the continuation of the employment of a Temporary Road Safety Officer (Post No. ED155) for 2010/11 be agreed.

 

(2)       T H A T the funding through Road Safety Grant of the position of Road Safety Officer (Post No. ED136) for 2010/11 be agreed.

 

(3)       T H A T funding allocated for the temporary child pedestrian trainer to continue with the expanded Kerbcraft Scheme at the additional schools be approved.

 

(4)       T H A T the continuation of the Young Driver Initiative be approved.

 

(5)       T H A T the continuation of “The Children’s Traffic Club” be approved.

 

(6)       T H A T the funding of £50,000 to supplement the Road Safety Team’s operational budget for 2010/11 be approved to include funding for cycle training.

 

(7)       T H A T any residual funding from “The Children’s Traffic Club” be used to promote schemes that will reduce accidents to young, newly qualified drivers.

 

(8)       T H A T funding of £13,000 be held by the Road Safety Department for small capital schemes to enhance school road safety outside schools where School Crossing Patrols are required.

 

(9)       T H A T £210,000 of the Local Road Safety Grant be included in the 2010/11 Capital Programme to pay for a technical road safety advisor, and to undertake schemes totalling £170k. from the list of the following schemes be approved:

 

·                    Various locations at St. Athan

·                    Romilly School, Barry - upgrade Zebra Crossing to Pelican Crossing

·                    Merthyr Dyfan Road, Barry - Vehicle Activated Signs

·                    Wenvoe - cycle road markings

·                    Wordsworth Avenue, Penarth - Children Warning Signs and Slow Road signs

·                    Wales Road Casualty Reduction Partnership Funding to cover the maintenance of cameras, signs, utility bills and technical salaries totally £6,000.

 

(10)     T H A T delegated authority be granted to the Cabinet Member for Planning and Transportation in consultation with the Director of Environmental and Economic Regeneration to agree schemes to be progressed under Recommendation (9) above.

 

Reasons for decisions

 

(1)       To allow the Road Safety Team to address the most pressing road safety education and training issues relating to casualty reduction and the associated Welsh Assembly Government targets, including health, environmental issues and modal shift.

 

(2)       To allow the Road Safety Team to address the many “Safe Routes to Schools” and the “Safe Routes in Communities” issues that have arisen as a consequence of the increasing number of Transport Grant funded Schemes that have been completed, or are due for completion, this year.

 

(3)       To allow for the existing number of schools participating in the Kerbcraft Scheme to continue.

 

(4)       To reduce accidents involving young, newly qualified drivers that account for a significant number of all accidents.

 

(5)       To ensure the continuation of “The Children’s Traffic Club” for children of the appropriate age and their parents across the Vale.

 

(6)       To enable the Road Safety Team to continue with their education, training and publicity programme for 2010/11.

 

(7)       To ensure that any residual funds can be used on appropriate Cabinet Approved road safety education schemes and allow the Council to draw down all of the available funding.  This will ensure that we claim the maximum funding available within the terms of the grant.

 

(8)       So that the Council’s Capital Programme for 2010/11 reflects the grants awarded by the Welsh Assembly Government.

 

(9)       To confirm which Capital Schemes may be funded from the grant.

 

(10)     To allow engineering Schemes to be progressed in the current year.

 

 

C1005                        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.

 

 

C1006                        FIVE MILE LANE IMPROVEMENT SCHEME (VBS) (EXEMPT INFORMATION - PARAGRAPH 14) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Cabinet were:

 

-                      advised of the present status of the Five Mile Lane Improvement Scheme

-                      requested to approve exemptions from the Council’s Contracts Standing Orders so that the existing commission for the Interim Scheme Assessment Report could be extended to include the additional works requested by the Statutory Environmental Bodies (SEBs).

 

The report detailed work that had been undertaken on the Vale of Glamorgan proposed Five Mile Lane improvements, commencing with the award of £200k. Principle Road Grant from WAG in 2007/08, and subsequent years.

 

Amongst the works carried out were the following environmental studies:

 

·                    Great Crested Newt Survey

·                    Targeted Ecology Survey

·                    Phase 1 Extended Habitat Survey

·                    Site Features Survey

·                    Base Map Preparation.

 

These commissions were undertaken so as to gather ecological and environmental data, which would then inform the main Stage 2 Environmental Assessment.

 

A bid for £765k. had been made for the financial year 2009/10, of which £235k. was awarded to continue with ecological studies, environmental investigations and options appraisal for the proposed improvements. 

 

The funding was utilised to further ecological studies within the Five Mile Lane corridor with full advantage being made of the ecological survey windows.

 

Following discussions with SoltysBrewster Consulting (SBC) (Ecological and Environmental Consultant) it was agreed that an Interim Scheme Assessment Report (ISAR) be prepared.  This report would offer the following benefits:

 

·                    It would collate all known information into a single summary document

·                    It would following the main Stage 2 Environmental Assessment Methodology as required by Welsh Transport Planning and Appraisal Guidance

·                    The report would be informed by the continued ecological data collection

·                    The ISAR would be tabled to the Statutory Environmental Bodies (SEBs) for their early comments on the proposed alignment options

·                    SEB comments would be valuable in that they would inform the Stage 2 Environmental Assessment Studies and detailed design thus reducing any abortive work

·                    WAG funding would be utilised in the most effective manner.

 

Following a competitive procurement process, SBC were the clear winners both on quality and cost and were appointed in October 2009.  Their main tasks were to prepare the ISAR, consult with SEBs, finalise the ISAR and prepare the brief for Stage 2 Environmental Assessment Studies. 

 

The draft ISAR was completed and disseminated to SEBs and a workshop was held to discuss progress to date and the future direction of the scheme. 

 

The SEBs commented positively on the depth and breadth of the studies undertaken to date and were very appreciative of the opportunity for early involvement to make observations, comments and to assist in the development of the scheme. 

 

The SEBs also identified minor additional studies which would be valuable if they were completed prior to the ISAR being finalised and Stage 2 Environmental Assessment Brief being prepared.

 

The additional studies requested did not form part of the present SBC commission as it was not possible when that commission was prepared in October 2009 to identify what responses the SEBs might make.

 

It was felt inappropriate at this stage in the completion of the Interim Scheme Assessment Report and the development of the Stage 2 Environmental Assessment Brief to seek quotations for the additional element of work identified by SEBs.  Specialist consultants were not usually prepared to quote for small commissions that relied on information produced by others as their Professional Indemnity Insurance would not cover this.

 

In addition the following was also noted:

 

·                    SBC are already commissioned to complete the ISAR and prepare the Stage 2 Environmental Assessment Brief. The additional works requested by the SEBs were integral to the present commission and SBC were best placed to undertake them immediately to complete their commission. These additional works could not have been predicted prior to the initial consultation with the SEBs.

·                    SBC had already established a strong working relationship with the SEBs and therefore views would be sought in a timely and effective manner.

·                    A competitive tendering process would add further time and costs and be of little value as the ISAR must be completed by SBC.

·                    SBC were previously appointed following a competitive tendering process in compliance with the Council’s Financial Regulations and Standing Orders.

·                    The funding for the scheme would be fully reimbursed to the Council.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the progress made on the Five Mile Lane Improvement Scheme to date be noted.

 

(2)       T H A T the present proposals for utilising Welsh Assembly Government funding to progress the scheme during 2010/11 be noted.

 

(3)       T H A T exemption from the Council’s Contract Standing Orders in accordance with 2.2 be approved so that the existing commission for the Interim Scheme Assessment Report could be extended to include the additional works requested by the Statutory Environmental Bodies as set out in paragraph 16 of the report.

 

 

Reasons for decisions

 

(1)       For information.

 

(2)       To ensure that the Welsh Assembly Government for 2010/11 is fully utilised in developing and progressing the Five Mile Lane Improvement Scheme.

 

(3)       To ensure that the additional studies requested by the SEBs are completed as soon as possible so that further consultation with the SEBs can be undertaken to finales the Interim Scheme Assessment Report and preparation of the Stage 2 Environmental Assessment Brief can be completed.

 

 

C1007                        ITEM WHICH THE CHAIRMAN HAD DECIDED WAS URGENT -

 

RESOLVED - T H A T the following item which the Chairman had decided was urgent for the reason stated beneath the minute heading be considered.

 

 

C1008                        HOUSING REPLACEMENT CENTRAL HEATING PROGRAMME 2010/11: TENDER ACCEPTANCE (L AND HCS) (EXEMPT INFORMATION - PARAGRAPH 14) (SCRUTINY - COMMUNITY WELLBEING AND SAFETY) -

 

Cabinet received details of tenders received and were requested to accept the lowest compliant tender.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the lowest compliant tender submitted by DnA Heating

Ltd be accepted.

 

Reason for decision

 

To enable the formal contract for these works to be prepared and executed.