CABINET

 

Minutes of a meeting held on 1^st September, 2010.

 

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

 

Also present:  Councillors R.F. Curtis and C.P.J. Elmore.

 

 

C1009                        APOLOGIES FOR ABSENCE -

 

An apology of absence was received from Councillor G.A. Cox.

 

 

C1010                        MINUTES -

 

RESOLVED - T H A T the minutes of the meeting held on 21^st July, 2010 be approved as a correct record.

 

 

C1011                        DECLARATIONS OF INTEREST -

 

No declarations were received.

 

 

C1012                        CARDIFF AND THE VALE OF GLAMORGAN

INTEGRATING HEALTH AND SOCIAL CARE PROGRAMME BOARD -

 

Present:                    

           

In Attendance:

Chris Darling	Programme Manager, Cardiff and Vale UHB
Denise Moriarty	Project Lead, Learning Difficulties, Cardiff Council

 

 

 

Apologies:    

 

 

		Action
1.	Welcome and Introductions   David Franciswelcomed all to the Inaugural IH&SC Programme Board Meeting.
2.	Programme Initiation Document & Draft Terms of Reference   It was agreed the Chairmanship of the Board would rotate between the three statutory partners, with meetings rotating across the three statutory partner organisations.   It was agreed that Mike Murphy should be a member of the Programme Board.   Programme Board members recognised that the agenda as set out was not new, but that there must now be a commitment to delivering on the agenda, with a more vigorous approach to implementation and clear accountabilities.   The Programme Initiation Document was discussed in some detail and subject to some minor amendments was agreed as the basis on which to move forward.  The discussion particularly highlighted the need for the Programme Board to signal the need for a new culture across the partnership organisations, underpinned by effective communication and a clear recognition of the role of the third sector.	CD     CD                     KN
3	Priority Projects – Progress Update   It was agreed that Officer members of the Programme Board would provide Executive sponsorship for each of the workstreams, with accountability to the Programme Board for deliver on work agreed as follows:   Assessment & Care Planning – Katie Norton Adult Mental Health Integration – Katie Norton Learning Disabilities Integration – Neelam Bhardwaja Securing Long Term Care – Phil Evans   There was some discussion on the opportunity to include an additional workstream looking at Children’s services. It was agreed that this should be reviewed again once the Programme Board had established itself and was delivering on the current agenda.    Jacqui B suggested that each of the Project leads needed to review the engagement required with the third sector and agreed to provide feedback on specific issues of concern.   The Board agreed that at future meetings, Executive Leads would be expected to be able to define key milestones, outcomes and the performance framework for each project to enable effective oversight by the Board.  Within this framework it was agreed that each Project should have a specific objective to drive efficiency, with an initial target of at least 5%.	JB         All
3.1	Assessment and Care Planning Project   The Board noted the main outcome to be achieved through this work was to ensure that individuals have access to appropriate, timely assessment to support their long term care planning. It was recognised that this would require new ways of working, with greater integration enabling health and social professionals to work together within appropriate statutory and organisational governance arrangements.   It was acknowledged that there had been significant work upon which to build, specifically in relation to the reasons for delayed transfers.   It was agreed that key deliverables and a progress update would be provided for the next meeting.	KN
3.2	Learning Disabilities Integration Project   The Board noted that the main outcome to be achieved was to improve access to, and delivery of, services for adults with a Learning Disability.  It was recognised that a key enabler would be the integration of planning and performance arrangements across health and social care.  There was some discussion on the role of ABM University Health Board as the main provider of NHS provision for adult learning disability in the Project.  It was proposed that an initial meeting between Cardiff and Vale UHB , Cardiff Council and the Vale Council to be arranged first to agree a proposal that could then be discussed with ABM UHB. Mike M confirmed that a mapping exercise was being undertaken to highlight the strengths, weaknesses, opportunities and threats for Learning Disability Services.  It was confirmed that Anna Mogie would be the Cardiff and Vale UHB lead on this project, recognising that there was discussion ongoing to determine where responsibility for Learning Disabilities would sit within the organisation. It was agreed that key deliverables and a progress update would be provided for the next meeting.	DM                       NB
3.3	Securing Long Term Care Project   The Board noted that the outcome of this project would be to enable the three statutory organisations to have a joint commissioning framework to secure long term care placements, providing a clear mechanism to manage and shape the care market to support the delivery of quality care at a cost that could be afforded by the statutory sector.  The Board recognised that core to this project would be the development of new models of care which reflected new approaches and ways of working to support individuals in maintaining their independence such as telecare and extra care.   Board members noted that there was currently no Bed Bureau facility across Cardiff and Vale and it was agreed that this should be considered as a priority within this project.    It was agreed that key deliverables and a progress update would be provided for the next meeting.	PE
3.4	Adult Mental Health Integration Project   The Board noted that the outcome of this project was to improve access to and delivery of services for adults with mental health problems, by integrating the management arrangements at Adult Community Mental Health Teams including the Forensic Community Team through joint planning and delivery.   It was recognised that this work had been ongoing for a significant period of time with little evidence of progress, and it was now vital that rapid progress is made, with the aim of releasing resources.    It was noted that there were some strategic issues that would need to be considered following the integration of the CMHTS, including the alignment of the CMHTs in Cardiff to support the neighbourhood model.   It was agreed that key deliverables and a progress update would be provided for the next meeting.	KN
3.5	Locality Services   While not a formal workstream/project, the Board noted the work that was ongoing to establish strong integrated working at locality/neighbourhood level.   The new organisational arrangements within the Primary Community and Intermediate Care Division of the UHB were considered and supported by the members of the Programme Board. It was noted that a joint appointment was being proposed in the Vale of Glamorgan, while more virtual integration was proposed in Cardiff. It was recognised that the move to fully establish integrated locality arrangements would take some time and require major cultural change in terms of ways of working for many professions.   The Programme Board highlighted the establishment of a single point of access to health and social care services as a key enabler.  It was agreed that there may be a need for further discussion on the scope to align such arrangements across Cardiff and the Vale of Glamorgan building on the call centre developments progressed by both Local Authorities.
4.	Joint Working Special Grant Review   The Board noted that the Joint Working Special Grant (JWSG) would end in March 2011.  It had been available since 2001/02 with the aim of facilitating closer working between social care and health partners, leading to joint working arrangements which are formalised by way of legal agreements under Section 33 of the NHS (Wales) Act 2006.   It was recognised that, over the lifetime of the grant, a fairly stable set of projects has received support totalling approximately £1.326m across Cardiff and the Vale of Glamorgan. Due to resource constraints, very few services have been moved into mainstream provision funded through core budgets as was originally envisaged. It was understood that the exit plans submitted for the majority of the projects had only limited reference to moving to mainstream funding if the grant were to cease.   It was agreed that there was an urgent need to review the current portfolio of services and assess the scope to re-engineer “projects” to reflect the agreed needs and priorities across the health and social care community.   Mike M agreed to lead this review, with the aim of ensuring clear recommendations were prepared for consideration by the end of September 2010.	Mike M
5.	General Discussion to Inform Future Workplan   It was agreed that future meetings will focus on receiving updates on workstream progress, addressing any issues being faced by workstreams.   The common reporting format would be developed for the projects.	CD
6.	Dates for Future Meetings   Wednesdays, Tuesday AM, Thursday AM and Friday not seen as suitable, Monday afternoon meetings to be scheduled if possible.	CD

 

- - - - - - - - - -

 

RESOLVED - T H A T the report be noted.

 

 

C1013                        JOINT CONSULTATIVE FORUM -

 

The following minutes of a meeting held on 9^th July, 2010 were submitted:

 

Present: Councillor Mrs. J.E. Charles (Chairman); Councillors Mrs. M.E.J. Birch, Mrs. V.L. Ellis, Mrs. M .Randall and M.R. Wilson.

 

Representatives of the Trade Unions: Mr. G. Beaudette (NUT); Messrs. P.S. Carter, M. Hart, G. Moseley and J. Swan (UNISON); Mr. T. Cox (NASUWT); Messrs. G. Lewis and N. Stokes (GMB); Mr. N. Patterson (UNITE). 

 

 

(a)       Apologies for absence -

 

These were received from Councillors A.D. Hampton and Mrs. M. Kelly Owen; and Ms. K. Tyre (UNISON). 

 

 

(b)       Vice-Chair -

 

The Chairman thanked Paul Duggan for his past contribution to the JCF and indicated that Karen Tyre was to be the new Vice-Chair.  Phil Carter stated that Ms. Tyre was unable to attend the meeting due to urgent work commitments and consequently submitted her apologies for the meeting.  Mr. Carter also took the opportunity to announce that he had now been appointed Joint Secretary, Gareth Lewis stepping down.  The Chairman congratulated him on his appointment and thanked Mr. Lewis for his efforts over the years. 

 

 

(c)        Minutes and Matters Arising -

 

AGREED - T H A T the minutes of the meeting held on 22^nd April, 2010 be accepted as a correct record, it being noted that, in respect of Minute No. (e) the Head of Human Resources indicated that dates had now been agreed in July and August for UNISON representatives and that he would be happy to discuss additional dates with the other Trade Unions. 

 

 

(d)       JCF Constitution -

 

The Head of Human Resources drew attention to the fact that the Constitution as appended to the report had been revised at paragraph 7.5 to reflect the agreement between the Joint Secretaries, and by this Forum at its last meeting on 22^nd April. There was no discussion on that matter.

 

Mr. Carter then asked whether the criteria for attendance at pre JCF meetings could be amended to allow substitute representatives to attend and proposed that the Vice-Chair and the Joint Secretaries be able to nominate substitute representatives.  Mr. Carter indicated that he had been unable to attend a previous meeting since he was not a Joint Secretary.   

 

There being no further discussion on the above matters, it was proposed that the Constitution be reviewed.  The Chairman agreed that this would be undertaken before the next meeting.

 

AGREED - T H A T a review of the Constitution be undertaken.

 

 

(e)       Minutes of Corporate Occupational Health and Safety Committee: 7^th June, 2010 -

 

The minutes of the Corporate Occupational Health and Safety Committee held on 7^th June, 2010 were appended to the report.  The Head of Human Resources indicated that it had been a very positive meeting and that it was particularly pleasing that regular meetings were now scheduled given the absence of the same over the past two years.  Councillor Wilson expressed concern about several issues, including

 

·                    sickness absence in schools

·                    smoking at the Alps

·                    random drug testing

·                    use of mobile phones

·                    use of acronyms.

 

Mr. Cox amplified the concerns raised in respect of sickness absence in schools, explaining that more detailed information was required given that 88 women and 16 men working in schools were on long term stress related absence accounting for 3,500 lost days.  Details were required as to whether those members of staff were teachers and the locations in which they were based in order to identify whether there were hot spots.  The response was given that the problem was reflected nationally and that it was a matter which was subject to ongoing discussion.  The Head of Visible Services confirmed that random drugs testing was not undertaken.  Following a question as to whether there was a policy in relation to agency workers, Mr. Moseley on behalf of UNISON withdrew agenda item no. 16 which related to the use of agency staff.  Discussion ensued on the use of mobile phones, whether hand free sets should be built into Council vehicles, that phone calls during the working day to mobile operatives were very distracting and pressurising, even dangerous to staff.  The Head of Visible Services was very clear in his response, namely that no drivers of Council vehicles should answer telephone calls.  He suggested that mobile phones should be switched off given that there were other ways of contacting crew members.  Discussion ensued on the management of the matter of communications, following which the Chairman proposed that concerns of that nature should be taken back to the Directorate Consultative Group for further discussion. 

 

AGREED - T H A T the minutes of the Corporate Occupational Health and Safety meeting held on 7^th June 2010 be noted.

 

 

(f)         Minutes of Directorate Consultative Groups - Learning and Development - 13^th May, 2010 -

 

The minutes of the Learning and Development Directorate Consultative Group held on 13^th May, 2010 were appended to the report.

 

AGREED - T H A T the minutes of the above meeting be noted.

 

 

(g)       Manual Handling for Carers -

 

Andrea Davies, the Corporate Health and Safety Officer, presented the report which indicated amongst other things that there were approximately 15,500 unpaid carers within the Vale.  An estimated 12% of Vale employees combined paid employment with caring responsibilities and it had been considered that the initiative to support such employees and enable them to maintain their health and physical wellbeing whilst balancing their caring role effectively with their employment responsibilities would be beneficial to both those employees and to the Council itself.  In response to a question as to the level of publicity the new service had been given, Ms. Davies indicated that reference had been made on StaffNet and that other ways of publicising the service were being investigated.  Mr. Carter suggested that information be placed on notice boards as soon as possible. 

 

AGREED - T H A T the position be noted.

 

 

(h)       Sickness Absence Levels -

 

The latest corporate sickness absence figures showed the average number of days sickness absence to be currently 8.5 days, indicating that significant progress had been made in the reduction of the same.  The Head of Human Resources indicated that there needed to be subtle change of focus in analysing the figures over the next year in that the reasons for absence would need to be more closely looked at and targets set that would be realistic.  The figures currently showed that short term absences counted for 30% whilst the remaining 70% were attributable to long term absences.  Councillor Wilson expressed concern at the significant number of long term absences, drawing attention to the fact that a Council wide analysis on the issue of stress within the work place was required. The Head of Human Resources confirmed that pro-active work in that respect was ongoing.

 

Discussion then ensued on matters raised initially by UNISON relating to the way in which sickness absence was managed, the view being strongly put by UNISON that all absences were dealt with under the Management of Attendance Policy whether or not the provisions of other policies might more appropriately apply.  Examples quoted included the policies in respect of disability, maternity and work related sickness.  Whilst accepting that the Council offered support to employees, the point that the “one size fits all” approach took no account of the reasons behind the absences was stressed, as was the fact that the blanket letter sent to staff was frequently felt by staff to be intimidating.  Another issue raised, this time by the GMB, was that employees felt coerced into taking annual leave instead of sick leave for short-term absences rather than trigger the sickness absence process. The use of annual leave for that purpose necessarily reduced the amount of leave available for leisure purposes resulting on occasions, it was suggested, to an increase in stress levels.

 

 Mr. Cox reiterated the point made above regarding the relationship between long and short term sickness and the need to address the same. He also referred to the fact that consideration was currently being given to the schools sickness absence policy and that discussions were ongoing as to whether that should mirror the Corporate Policy.  Mr. Cox believed that a significant concern to schools was the level of training given to managers on the management of sickness absence.  He referred to the mechanistic approach of the Council which might well reduce the number of absences but took no account of the causes of those absences. He advised that sickness absences in schools were less than those within the Council.

 

The Chairman concluded discussion on the issue by drawing attention to the fact that, from her own involvement with the policy, she felt more effective in her role in assisting staff overcome any difficulties arising from sickness, and that she felt it would be beneficial to employees within schools to come under that umbrella.

 

(i)         Criminal Records Bureau (CRB) / Independent Safeguarding Authority  (ISA) Changes -

 

The Operational Manager (Human Resources) took the Forum through the contents of the report.  In brief, although the implementation of the Vetting and Barring / ISA Scheme was under review and would be delayed, the new CRB / ISA application form would be completed with effect from 26^th July for those members and staff meeting the criteria for the same.

 

(j)         Job Evaluation Update -

 

The Head of Human Resources reminded the Forum that, in March, Cabinet had agreed proposals regarding the pay structure subject to consultations with the Trade Unions.  A number of meetings had now been held with both local and regional trade union representatives with the aim of achieving a joint agreement on the pay structure.  He referred in particular to a very useful meeting having been held on 22^nd June and to the fact that it was hoped that agreement would be reached by 24^th September, following which the proposals would be publicised.  Mr. Moseley confirmed that the process was working well. In response to a question, the Head of Human Resources confirmed that Support Staff in schools were involved in the process but that the timeframe was different. The Operational Manager indicated that a pilot was currently being undertaken in 5 schools, following which discussions would be held with the Trade Unions and Headteachers probably at the end of October / beginning of November.

 

(k)        Handling Organisational Change - Update -

 

The Operational Manager (Human Resources) updated the Forum on the latest position across the Council in relation to the ongoing restructuring exercises across the Council and the situation regarding potential redundancies and efforts to avoid such redundancies.

 

(l)         Feedback on Policy Development -

 

Details were submitted relating to the above, which included those policies recently approved, those about to be submitted for approval, those subject to ongoing discussions and those in the process of being drafted.  Since many of the policies dealt with corporate issues which increasingly impinged on schools, Mr. Beaudette requested that the teaching unions be included in the consultation.  Given the inability of Mr. Cox to attend meetings of the Single Status Group where such matters were discussed, the Head of Human Resources undertook to circulate details of the policies in advance of those meetings.

 

(m)      Teachers Trade Unions - Early Retirement and Redundancy -

 

Mr. Cox amplified the content of his brief report on the rights of teachers to take early retirement to avoid redundancy and to receive redundancy payments in line with the conditions of service of teachers, employment law and in relation to equality of provision between teachers and other workers within the Council.  Mr. Cox’s point was that teachers were being given early retirement instead of opting to be made redundant but were not in receipt of a redundancy payment whereas he believed that officers within the Council were being granted both.  Mr. Cox alleged potential discrimination.

 

It was explained that the options available for teachers taking voluntary redundancy did not refer to redundancy payments being made and, historically and by mutual agreement, such payments were not made. The legal position as regards this matter was set out and the need for each circumstance to be considered on its merits.  The Director of Lifelong Learning confirmed that the schemes for teachers and other staff were indeed different.  He also suggested that the concerns being raised could be resolved by more pro-active workforce planning.  He indicated that he would be exploring this with the Teaching Unions.  Following further discussion and consideration of the points raised, the Chairman referred to the decision taken at a meeting in May attended by the Director and the Teaching Unions, namely that the Redundancy Policy and Retirement Scheme be reviewed during 2010/11.  She proposed that consideration of the points raised above be referred to that Group.  Mr. Moseley did not agree with Mr. Cox’s interpretation of the Council policy and felt that this should also be reviewed in the circumstances.

 

Consideration was then given as to the best way to progress the issues raised. A number of differing views were expressed, for example, Councillor Wilson highlighted his concerns that there should be consistency across all staff and indicated that he felt Cabinet should consider this as soon as possible.  The Chairman took the view the issues should be further debated by officers and trade union representatives given their complexity.  Councillor Wilson then put forward a proposal in line with that contained within Appendix A as submitted by Mr. Cox and that work in respect of a review of the policies continue. That proposal was duly seconded and the Chairman then asked the trade union representatives to leave the room whilst Members considered the proposition and voted thereon.

 

At that juncture a motion was put, and duly seconded, as to whether the vote on the above matter should be taken in private or with the unions present. The Forum was reminded, inter alia, of the report submitted by the Joint Secretaries at the previous meeting when the issue had been covered and accepted without discussion by those in attendance.  Following a discussion on the issue, the Chair adjourned the meeting in order to receive legal advice. The trade union representatives and other Council officers in attendance left the room, leaving only the elected Members and the Democratic, Human Resources and Legal independent officers advising the Forum. The motion to allow the vote be taken in the presence of the trade union representatives on this occasion was subsequently carried.

 

Upon being put to the vote in the presence of the trade union representatives and other officers of the Council attending the meeting, it was

 

AGREED - T H A T the negotiations and ongoing work on the issue be continued with the Trade Unions based on legal advice, and referred to Cabinet, and that the following recommendation submitted by the NASUWT

 

“that the Vale of Glamorgan grant both unreduced Early Retirement and a redundancy payment in these circumstances and that schools receiving displaced teachers are paid some or all of the redundancy payment to better facilitate deployment”

 

be agreed as a recommendation to Cabinet until such time as Cabinet had properly reviewed the matter and arrived at a clear solution.

 

(n)       Teachers Trade Unions - Facility Time for National Office -

 

The Director of Learning and Development announced that the Teaching Unions had met the previous day to look at facilities arrangements and the budgets. At that meeting, there had been unanimous agreement that Councillors Charles and Hampton (as the Cabinet Member for Education and Lifelong Learning and the Chairman of the J.C.F. respectively)seek the authority to allocate those sums currently unallocated amongst the Teaching Associations. It was recognised that a further report on facilities arrangements would need to be submitted to Cabinet following which the matter would be brought before the Forum.

 

Mr. Cox expressed his gratitude and withdrew the item from consideration, indicating his agreement with the above.

 

(o)       Consultation Restructuring -

 

The item as submitted by UNISON referred to concerns that, in respect of a number of restructurings across the Council, there was no meaningful consultation over the 30 day period. Mr. Carter expressed the view that it was unreasonable to expect staff to react in a rational and reasoned manner when what they were faced with was in fact an ultimatum. He continued by saying that managers could not back the rationale behind their proposals with facts and that, in some departments, no financial risk assessment had been undertaken.  He indicated that meaningful consultation was impossible in the circumstances.  The Head of Human Resources suggested that the above views were somewhat of a generalisation.  He referred to the large number of restructuring exercises that were ongoing and indicated that training had been given to managers on change management.  Training was also being provided to Trade Union representatives to facilitate their involvement in the process.  As regards the consultation period, the Council regarded the statutory 30 days as the minimum and had extended that period on a number of occasions following requests from both staff and the unions.  Proposals had been changed as a consequence of consultation.

 

Councillor Wilson echoed the concerns of UNISON, indicating also that elected members should be made aware of the details of the restructuring proposals and the methodology adopted to underpin those proposals. Mr. Cox suggested that proposals should be discussed initially with the Trade Unions in order that any matters at issue could be considered at an early stage in the process and prior to their being raised with staff.  Mr. Hart put forward a view that some Heads / Operational Managers did not involve themselves in the consultation process, suggesting that the proposals were in fact not intended to be subject to change.  He quoted an example relating to the relocation of his own service where, he considered, no regard was paid by management to the documented case put forward for the status quo to be retained.

 

Further discussion ensued.  Attention was drawn by the Head of Human Resources to the establishment of a Task and Finish Group, the remit of which was to look the impact of the economic downturn on the Council and its services and to the fact that Trade Union representatives would be invited individually to put forward their views.  The Head of Human Resources indicated his preparedness to deal with any issue outside of the Forum, expressing his concerns at the generalisations being raised at the meeting. The Operational Manager referred to the joint obligation of both management and trade union representatives to discuss such issues at the Terms and Conditions Group and the expectation that such matters should be referred to the Group in the first instance.

 

(p)       Discrimination of Trade Unions - Treated Differently to other Members of Staff -

 

Mr. Hart drew attention to an incident where he had made a formal complaint. That complaint, in his view, had not been properly dealt with - a possible reason for which, he suggested, was that he was a trade union representative.  In making this point he referred to another case where the outcome of the complaint had been different.  Mr. Hart stated that his concern related to the lack of a consistent approach and that there were different rules for different officers.  In response to this the Chairman indicated that this was not a matter for the Forum.

 

Both the Head of Visible Services and the Head of Human Resources had previously discussed the issue and had identified a way forward with Mr. Hart. The independent Legal Adviser reminded all present that the Forum was not the body to which personal issues should be addressed and that the Council had a duty to respect and protect the anonymity of all of its employees (reference to other employees having been made by Mr. Hart both above and earlier in the meeting).

 

The discussion concluded with Mr. Hart alleging discrimination against trade union representatives.  Councillor Wilson stated that trade union officers had a higher level of protection under the law.  The Head of Human Resources confirmed that he and Mr. Hart had agreed a process to take the matter forward and Mr. Hart advised that he awaited a response.

 

- - - - - - - - - -

 

RESOLVED -

 

(1)       T H A T with the exception of Minute (m) that the minute of the Joint Consultative Forum be noted.

 

(2)       T H A T the recommendation contained in Minute (m) of the minutes be not supported, but that further work should continue to review the appropriateness of all severance arrangements.

 

 

C1014                        END OF YEAR PERFORMANCE MONITORING REPORTING CHILDREN AND YOUNG PEOPLE’S SERVICES (REF - MIN. NO. 213) -

 

At Scrutiny Committee (Social Care and Health) on 19^th July, 2010, Members referred to the reduction in the number of PDR/TDRs that had been undertaken with employees from the target of 95% to 60%.  The Head of Service advised that the situation was complicated by a cumbersome system for gathering the relevant information about performance in respect of the appraisal process but that he could confirm from his point of view all appraisals had been completed. 

 

In referring to SCC001aQ Committee noted that the target was unlikely to be met. The Head of Service advised that the requirement was for a child to be seen alone by a social worker but in a number of instances children were either too young to be seen alone, some refused to be seen alone and on other occasions the parents had refused.  In view of these circumstances the indicator was not seen as a true reflection as there were various issues that affected its outcome.   Members commented on the considerable number of indicators for the service area and that in their opinion some did not provide the information that they as Members required. They requested that WAG be asked to reconsider some of the indicators in respect of the added value they offered.

 

A number of indicators within Children's Services area were also attributed to the Lifelong Learning Department and Members requested that in future a representative from that Department be requested to attend Scrutiny Committee meetings when the indicators were being considered in order to provide Committee with the background surrounding their capture.

 

Scrutiny Committee had recommended

 

(1)       T H A T Cabinet be requested to consider the merit of some of the Welsh Assembly indicators and that the Welsh Assembly Government be asked to look at the value of some of the data collection. 

 

(2)       T H A T a representative from the Education Department be invited to future Scrutiny Committee meetings when relevant performance indicators for the Children's Services area are being presented.

 

(3)       T H A T the Corporate Parenting Panel be requested to consider the performance indicators for looked after children relating to their schooling. 

 

Cabinet, having considered the recommendations of Scrutiny Committee,

 

RESOLVED -

 

(1)       T H A T Recommendations (1) and (3) be noted.

 

(2)       T H A T the views of the Scrutiny Committee (Social Care and Health) be endorsed in principle and that the Committee, with advice from the Director of Social Services, be requested to provide further details of their concerns to Cabinet.

 

(3)       T H A T the Cabinet Member for Social and Care Services use this information to make known the Council's views to the Welsh Assembly Government.

 

 

C1015                        END OF YEAR PERFORMANCE MONITORING REPORTING - ADULT SERVICES (REF - MIN. NO. 213) -

 

Scrutiny Committee (Social Care and Health) on 19^th July, 2010 received the end of year performance information for 2009/10 for Adult Services.  In considering the information, Members referred to the Vale Equalities and Green Dragon performance indicators and urged the Director to ensure the performance improved for the forthcoming year.  The Director advised that these were areas where other departments within the Council were also struggling to attain target levels but reassured Committee that much of the information needed for further accreditation was available, it just needed to be documented.

 

In considering SCA0022aQ - the rate of older people aged 65 or over supported in the community per 1000 population, Members referred to the league tables and the fact that the Vale Council appeared to be low down on the all Wales table.  Discussion ensued as to how Local Authorities collected and presented their data, it being noted that there appeared to be inconsistencies in how the data was captured / recorded.  Members considered that in order for league tables to be meaningful all local authorities should be collecting their data and reporting it in the same way. It was agreed that a letter be forwarded to the Welsh Assembly detailing the Committees concerns and suggesting that the Welsh Assembly Government undertake a review of the PIs in order that collection can be measured across Wales consistently. 

 

Specifically in relation to SCA002aQ Members questioned its value and how it assisted the process and that the Welsh Assembly Government be requested to reconsider it as an indicator.

 

Scrutiny Committee had recommended - T H AT the views of the Scrutiny Committee outlined above be conveyed to the Cabinet and the Welsh Assembly Government for consideration.

 

Cabinet, having considered the recommendation of Scrutiny Committee

 

RESOLVED -

 

(1)       T H A T the views of Scrutiny Committee (Social Care and Health) be endorsed in principle and that the Committee, with advice from the Director of Social Services, be requested to provide further details of their concerns to Cabinet.

 

(2)       T H A T the Cabinet Member for Social and Care Services use this information to make known the Council's views to the Welsh Assembly Government.

 

 

C1016                        CLOSURE OF ACCOUNTS 2009/10 (REF - MIN. NO. 219) -

 

The Head of Audit presented a report to the Scrutiny Committee (Economy and Environment) on 20^th July, 2010 and advised that following the end of the financial year all Scrutiny Committees would be provided with provisional outturn figures relating to their area.  In preparing the accounts certain adjustments had also been made to the original service budgets in respect of:

 

·                    Government Grant Deferred - These amounts represented the release of grant to off set the depreciation that is charged on the assets.

·                    Depreciation of Assets - This charge could vary for a year due to an increase / decrease in the valuation of assets.  These movements needed to be incorporated into the accounts.

·                    Financial Reporting Standard 17 Retirement Benefits - The purpose of this standard was to ensure that the operating costs of providing retirement benefits to employees were recognised in the accounting period in which they were earned by the employees.  The results of an actuarial valuation meant that adjustments were required.

 

Committee was also advised of the amended estimate and the actual expenditure for the authority as detailed below:

 

 

Net Tfr           to / (from) Reserve	Service	Amended Revenue Estimate	Total Provisional Actual	Variance +Favourable  () Adverse
£’000		£’000	£’000	£’000
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
(332)	Total	28,145	28,145	0

 

Provision had also been included in the estimates for the impact of single status issues and although the sum had not been required during the year a transfer to the single status reserve had been made from the service totalling £486k. 

 

The main reasons for the variances identified above were reported as follows:

 

Planning and Transportation - Net adverse variance of £4k following a transfer of £57k to the Single Status reserve and a transfer to the Visible Services reserve of £39k. The gross underspending of £35k was mainly salary savings of £34k though there had been small variances within the other expenditure categories.

 

Economic Development and Leisure - Net favourable variance of £16k following a transfer of £92k to the Single Status reserve and a transfer to the Leisure reserve of £123k. The gross underspending of £139k was from savings on employee costs of £94k throughout the division, mainly in Countryside and Leisure Centres.  Premises budgets within the division showed a saving of £54k. There was a shortfall in technical salary income of £9k as a result of work being done for unfunded projects. There was increased income within the Countryside section of £52k and Economic Development of £8k offset by a £52k reduction in income within the leisure centres and leisure and tourism. There was also an over spend on supplies and services of £8k. and included in the figures was a transfer to / from reserves and £124k from the Events reserve to support revenue expenditure.

 

Visible Services - Net adverse variance of £128k following a transfer of £337k to the Single Status reserve and a transfer to the Visible Services reserve of £201k. The gross underspend of £73k is attributable to - Cleansing underspend of £99k. The underspend was mainly due to savings on the refuse disposal contract due to the decrease in the amount of municipal waste collected. Grounds Maintenance had an adverse variance of £125k., which had been caused by an overspend on agency employees and on supplies and services. Highways under spent by £25k due to increased income. The Engineers budget was under spent by £74k due to increased levels of income. Already in the figures were transfers from reserves re funding of capital schemes and generally to support revenue expenditure.

 

Building Services - Net favourable variance of £116k following a transfer to the Building Services IT reserve of £35k and to the Visible Services reserve of £20k.The gross underspend of £171k was attributable to the Building Services trading unit making a surplus of £75k.  Mobile working within building services had contributed to the surplus in the financial year.  The Building Cleaning and Security trading unit made a surplus of £50k and the Courier service made a surplus of £9k.  The Building Services Twin Hat function under spent by £37k due to vacant posts but already in the figures were transfers from reserves generally to support revenue expenditure.

 

Appendix 3 to the report detailed capital monitoring for projects over £100,000 and the report outlined for Members the reasons for the underspends and overspends on various projects as follows:

 

Visible Services General Asset Renewal              Underspend £231k

 

The budget had been allocated to various highways, parks, waste management and engineering works and there had been an underspend of £231k during 2009/10. The majority of this has arisen on the Penarth Town Centre traffic management scheme which was under spent by £103k because of inclement weather during January/February which delayed works on site and a further £75k underspend on the Highway Structures budget as monies had been held back to cover anticipated overspends elsewhere within the Engineering Division, such as the Bridge Refurbishment scheme.

 

Highway Maintenance                                                         Underspend  £184k

 

Various works including road resurfacing and traffic measures were funded from the budget and whilst the resurfacing element was completed in full the Traffic Management and Highway Structures elements were under spent as internal manpower was unavailable to complete the Barry Waterfront Pedestrian Crossings under the Traffic Management budget and the Highways Structures monies were held back to cover overspends elsewhere within the division.

 

Penarth Marina Escarpment                                               Underspend  £205k

 

This budget was established for remedial drainage works proposed as an initial attempt to mitigate problems with localised landslips on the escarpment caused by groundwater from above the escarpment at the Penarth Marina site.  Tenders had been received for these works which had been delayed while final agreement was reached with the Penarth Heights development. 

 

Barry Regeneration Partnership (BRP)                              Underspend  £120k

 

The budget included studies on the future of Barry Island development, and the investigation of future phases of the Holton Road public realm improvements.  Several of the budgets had been adversely affected by the current economic climate and progress has not proceeded as had been anticipated.

 

Thompson Street Footbridge                                              Overspend  £167k

 

Additional funding from section 106 agreements on landscaping and public art were notified too late to incorporate them into the capital budget.  Whilst the current overspend has been funded by the Authority, if any compensation monies are received then capital receipts will be reimbursed.

 

Barry Island Footbridge                                                        Underspend  £315k

 

The initial £350k budget related to the replacement of the dilapidated footbridge adjacent to Barry Island train station. As plans had been drawn up, internal funding in place for the scheme had not been sufficient for the estimated £600k scheme.

 

Innovation Quarter Spine Road                                           Underspend  £214k

 

The £900k scheme had been equally funded by the Vale of Glamorgan Council, WAG and Matrix, the developers of the scheme.  Although a slight delay in progress on the site had occurred during the severe weather conditions in January/February, the scheme, to provide a road to the site of the new medical centre at Barry Waterfront, had proceeded well.

 

Rural Local Development Plan                                            Underspend  £213k

 

The scheme covered 3 years and 2009/10 was year 2 of 3.  Although the scheme progressed well as the year went on, the projects took longer to be developed to an acceptable standard so approvals were later than anticipated.

 

Coastal Access Improvements                                           Underspend  £131k

 

The predominantly Countryside Council for Wales (CCW) grant funded scheme to improve the footpaths and access routes around the Vale’s coastal paths was curtailed during 2009/10 as a number of projects had been reliant upon negotiation and reaching agreed terms with landowners with respect to what were currently permissive routes.

 

Merrie Harrier Gyratory/Cardiff Road Bus Lane                Underspend £689k

 

The 100% Transport Grant funded scheme was applied to the creation of the bus lane along Cardiff Road during 2009/10. Works had been on hold during the year as the outcome on an additional bid for Transport Grant funding to complete the scheme was awaited.

 

 

Safe Routes in Communities 2009/10                               Underspend £341k

 

The allocation included the sum of £327k for a new beach access to Llantwit Major beach.  Members had been advised previously that land ownership issues at the location delayed works to the extent that only design fees of £7k were actually incurred on the project.  Grant funding was therefore lost.

 

The Director of Environmental and Economic Regeneration then advised that one of his main concerns regarding capital schemes was the issues surrounding land ownership which had on some instances resulted in delays in various schemes.  He suggested that more detailed knowledge of land ownership issues should be obtained earlier on in the process. Members also suggested that reserve projects should be drawn up in the future in order that any underspends could be addressed immediately.  The Director advised that with regard to feasibility studies for schemes funding was in limited supply.  Members considered that officers should be sure of the schemes that could be delivered and that applications for grants be made only when the Council was sure that a scheme could be completed.  The Director stated that all Councils applying for grants were subject to the criteria that was required by the Welsh Assembly Government.  However he referred to a project initiation document that had been established for some time within the Council and that he would be ensuring that it be fully utilised for future projects.   Members suggested that a feasibility fund should also be set up to assist projects in the future. 

 

In considering the report further Committee also referred to the Merrie Harrier Bus Lane and the Transport Grant that had been provided to the Council.  Committee requested details of when the conclusion of the scheme would be reached.  The Head of Service advised that he would report back to all Members on the timescale via e-mail.

 

Scrutiny Committee had recommended

 

(1)       T H A T the provisional financial position for the 2009/10 financial year be noted.

 

(2)       T H A T Cabinet be requested to consider the setting up of a feasibility fund to assist the development of all projects in order that the Council could be sure that it would be able to spend any grant funding received for projects without delay.

 

Cabinet, having considered the recommendations of Scrutiny Committee

 

RESOLVED - T H A T Recommendation (2) be referred to the Budget Working Group to consider.

 

 

C1017                        PROGRESS ON IMPLEMENTING THE RECOMMENDATIONS OF THE PUBLIC INQUIRY REPORT INTO THE SEPTEMBER 2005 OUTBREAK OF E. COLI 0157 IN SOUTH WALES (REF - MIN. NO. 262) -

 

Scrutiny Committee (Housing and Public Protection) on 22^nd July, 2010 received a report which detailed to date work undertaken by the relevant services to meet eight of the actions identified by the above Public Inquiry as detailed in Appendix 1 to the report.  The Head of Service advised that these had been largely completed.  He further indicated that in order to implement Action 18, a multi-disciplinary team had been established to survey school toilets.  The findings of the survey had been and would continue to be used by the Council’s Lifelong Learning Directorate to prioritise improvement works where concerns had been identified in regard to cleaning and the provision of hand washing facilities within schools.  Where issues had been identified these had been brought to the attention of the schools’ headteachers, however several examples of good practice had been identified. 

 

·                    Consumer Focus Wales in March 2010 prepared a report entitled Protecting Consumers from E. Coli 0157: Progress on Implementation of the Pennington Report in Wales, had identified the following issues and provided focus for their future work which included:

·                    Comparing how much is spent on food hygiene-related environmental health in Wales, Scotland, England and Northern Ireland.     

·                    Ensuring that the Food Standards Agency's Scores on the Doors initiative is delivered as soon as possible, in a way that suits the needs and preferences of consumers

·                    Investigating whether it should be compulsory for food businesses to have public liability insurance.

·                    Looking at policies on treatment of victims of E. Coli 0157 to ensure that people who are diagnosed with the illness and their relatives are dealt with by the authorities in a fair and sympathetic way.

 

It was noted that Consumer Focus Wales would continue to report annually on progress towards implementing the Inquiry recommendations and the Assembly’s First Minister had committed to reporting the views of Consumer Focus Wales into annual reports to the National Assembly for Wales. 

 

Consumer Focus Wales, whilst acknowledging progress made by stakeholders in implementing the Inquiry recommendations, believed more should be done and in respect of local authorities two further actions had been identified:

 

·                    local authorities should publicise regularly updated post-Pennington action plans, presenting them in public-facing language   

·                    local authorities should review their emergency planning arrangements to ensure they dovetail with contact systems for local health professionals.

 

In order to implement the Consumer Focus Wales’ recommendations, the Council’s E. Coli Action Plan would be available for the public on the Council’s website and its Plan for Managing Infectious Disease would be subject to consultation with all Directors of Public Health.

 

Scrutiny Committee had recommended

 

(1)       T H A T progress in delivering the Council’s response to the recommendations of the Public Inquiry Report into the September 2005 outbreak of E. Coli in South Wales as detailed at Appendix 1 to the report be noted.

 

(2)       T H A T the report on the Council’s School Toilet Inspection Programme as referred to in paragraph 7 of the report be noted and recommended to Cabinet for approval.

 

(3)       T H A T the conclusions of the Consumer Focus Wales report on the Implementation of the Pennington Report in Wales 2010 be noted.

 

Cabinet, having considered the recommendations of Scrutiny Committee

 

RESOLVED -

 

(1)       T H A T Recommendations (1) and (3) be noted.

 

(2)       T H A T consideration of Recommendation (2) be deferred pending consideration of a further report.

 

 

C1018                        REDUCTIONS IN BUSINESS RATES / RENTS / LEASES FOR SMALL BUSINESS PEOPLE (REF - MIN. NO. 300) -

 

Councillor E.T. Williams had submitted a request for consideration to the Scrutiny Committee (Corporate Resources) on 27^th July, 2010 concerning reductions in business rates / rents / leases, the reason being to assist small business people to run their businesses and to report the Committee’s considerations to the relevant body responsible for rate setting.  In introducing his request, Councillor Williams referred to the widely held public perception of those shopping areas within the Vale where shops were boarded up that it was attributable to the Council. He continued by stating that a vacant shop premises did not  benefit the community or the Council and that he felt  representations should be made through the Cabinet Member for Economic Development and Regeneration to the local MPs to lobby WAG and Westminster for change.

 

The report before Committee contained details of the way in which Business Rates (properly known as National Non-Domestic Rates) were set, together with the independent body which considered appeals relating to business rates.  The rate income collected by the Council was paid into the Welsh Business Rates Pool maintained by WAG, as was the case with all other Councils in Wales.  The Council’s responsibility was for the administration of the billing, collection and recovery of business rates together with the administration of the various reliefs and discounts allowed with the system.  Reference was also in the report that the Council had an interest in promoting economic activity within the Vale and supporting businesses. Where relevant, therefore, reciprocal information exchanges took place with the Economic Development Team.

 

Councillor Traherne, as the Cabinet Member with responsibility for Economic Development, then took the Committee through the various steps taken on behalf of the Council to bring about beneficial change in this respect. Amongst other things, he re-iterated the fact that the Council had a duty to collect the rate and paid the amount collected to WAG in its entirety; he explained the sliding scale of relief applicable should application be made and that the Council made every effort to work out a mutually satisfactory payment plan where business proprietors found difficulty; and he referred to the role of the Finance Department  in terms of dealing with the applications for the various rate relief schemes in being.  He also drew attention to the fact that, for 12 months, he had called for a “rates holiday” scheme. WAG had confirmed that such a scheme (as announced in the budget in March 2010) would apply to small businesses in Wales although details as to the scheme in Wales had yet to be published. He indicated that the reduction in the multiplier and the increase in the threshold already announced did not constitute business rate relief. Comparatively, the evidence showed that the rates charged in Wales were higher than in both Scotland and England which discouraged enterprise and entrepreneurship. He suggested that the lowering of small business rate could be compensated for by an appropriate increase in that for large-scale business. As regards rents, it was accepted that it had proved difficult for the Council to engage private landlords to businesses and that the Council had therefore little if any influence over the rents and lease payments charged. He had, however, set up a meeting in relation to the recently designated Barry Renewal Area which would include local businesses and landlords  where it would be made clear that lease and rental charges should be reviewed - whilst, at the same time, recognising that a balance would need to be struck to ensure the commercial viability of both.

 

Following further discussion on the above and related issues, during the course of which the ongoing work was commended and the suggestion made that all Members of the Committee individually lobby WAG, it was

 

Scrutiny Committee had recommended - T H A T Cabinet be requested to write to WAG to

 

·                    expedite the publication of the detail of the  “rate holiday” scheme in order that progress could be made in implementing the scheme as in England; and

·                    to revisit the small business rate relief scheme and to reconsider the threshold limit.

 

Regarding the comment in the minute attributed to Councillor Traherne saying that he had suggested that the lowering of small business rates could be compensated for by an appropriate increase in that for a large scale business, Councillor Traherne asked that this be corrected to read ...

 

'I would replace business rates with a compensatory increase in small and large business corporation tax, and a similar tax on profits for unincorporated businesses'.

 

Cabinet, having considered the recommendation of Scrutiny Committee

 

RESOLVED -

 

(1)       T H A T the recommendations be endorsed and that the First Minister be informed of the Council's continuing concern at the delay in introducing a business rates holiday and the need to look again at small business rate relief and the various thresholds.

 

(2)       T H A T the reference be also referred back to the Scrutiny Committee with a suggestion that the Committee Chairman also write to the First Minister indicating very clearly that he has the support of all parties and that the Committee was unanimous in demanding that more should be done to assist small retail businesses in particular to cope with the burden of business rates.

 

 

 

C1019                        REVENUE MONITORING FOR THE PERIOD 1^ST APRIL, 2010 - 31^ST JULY, 2010 (L) (SCRUTINY - ALL) -

 

The projected outturn for the 2010/11 Revenue Budget was shown in comparison with the Revenue Budget at Appendix 1 to the report.  The forecast was for an estimated balanced Council Revenue Budget.  The Director of Social Services would continue to closely monitor the position for his service and would review the savings and efficiencies proposed for the year and would report back to Cabinet if amendments were required. 

 

The forecast was for an estimated balanced budget on the Housing Revenue Account. 

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the position with regard to the Authority's 2010/11 Revenue Budget be noted.

 

Reason for decision

 

That Members are aware of the projected revenue outturn for 2010/11.

 

 

 

C1020                        79 EASTGATE, COWBRIDGE (L) (SCRUTINY - CORPORATE RESOURCES) -

 

Approval was sought:

 

·                         to declare the land and buildings at 79 Eastgate, Cowbridge as surplus to requirement

·                         to dispose of the land and buildings at 79 Eastgate, Cowbridge.

 

The site known as 79 Eastgate consisted of three buildings, which were the former Citizens Advice Bureau office, a demountable unit and the main office building which fronted the public highway. 

 

The building was previously occupied by the Cowbridge Cash Office, which closed in March 2010.  Some of the remaining offices were occupied by the Registrars Service which moved out earlier this year and Social Services who had recently moved out.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the land and buildings known as 79 Eastgate, Cowbridge be declared surplus to the Council's requirements.

 

(2)       T H A T the Director of Finance, ICT and Property be authorised to negotiate terms and conditions for the disposal of the buildings and land at the appropriate time in consultation with the Director of Legal, Public Protection and Housing Services, the Leader and Deputy Leader.

 

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

 

Reasons for decisions

 

(1)       To ensure that the land and buildings have been declared surplus to the Council's requirements prior to disposal.

 

(2)       To ensure the Director of Finance, ICT and Property obtains best value for the buildings and land and the Council's Statutory and Fiduciary obligations are fulfilled. 

 

(3)       To legally formalise the disposal of the land and buildings.

 

 

 

C1021                        CAPITAL MONITORING FOR THE PERIOD 1^ST APRIL, 2010 TO 31^ST JULY, 2010 (L) (SCRUTINY - ALL) -

 

Cabinet were advised of the progress on the 2010/11 Capital Programme for the period 1^st April, 2010 to 31^st July, 2010 and, where necessary, considered requests for changes to the programme. 

 

·                         Director of Environmental and Economic Regeneration -

 

WasteResource Park - the construction phase of this scheme for a new recycling centre sited at Atlantic Trading Estate was now underway.  Although the funding for the scheme had been approved, as the timescale for the works was far shorter than had been initially anticipated, it was necessary to bring funding from 2011/12 and 2012/13 into the current financial year.  In addition to the current year budget, Council at its meeting on 3^rd March, 2010 had approved indicative budgets of £229,000 in 2011/12 and £50,000 in 2012/13, re-profiled figures now indicated that the sum of £880,000 would be required for works in 2010/11 with a further £44,000 required next year.  As the current year's budget was £645,000 it was requested that Cabinet approve that the 2011/12 budget of £229,000 be added to the current year's budget, together with £6,000 from the 2012/13 approval.  It was further requested that the remaining £44,000 2012/13 budget be brought into 2011/12.  This would require the approval of Council. 

 

Penarth Marina Escarpment - this scheme, to alleviate drainage problems at Penarth Marina was currently on hold due to a refusal of the Environment Agency to permit discharge of drainage into the contained water area of the Marina.  An alternative scheme would involve a drainage pipe crossing underneath Paget Road, to allow access to the open water area.  However, due to concerns of traffic disruption in this area, the scheme had been postponed to permit further discussions with the Environment Agency.  A further report would be brought to Cabinet when the situation became clearer. 

 

Bridge Refurbishment (Cowbridge Viaduct) - Scrutiny Committee (Economy and Environment) on 25^th May, 2010 were informed that a further £45,000 budget would be required in this year to complete this refurbishment scheme.  As such, it was requested that Cabinet approve the inclusion of an additional £45,000 budget in the 2010/11 Capital Programme, to be funded from the Visible Services Maintenance Fund.  Further drainage works needed at the site were still being investigated but it was not anticipated that these works would be undertaken in the current financial year, so a bid would be made for additional funding when the estimated costs were known. 

 

BarryIslandReplacement Footbridge - a grant offer from the Department for Transport (under its Access for All Small Schemes Fund) in the sum of £250,000 had now been accepted, and a contractor had been appointed.  It was therefore requested that Cabinet approve a budget increase of £250,000 for this scheme. 

 

Explanations were provided where there was a significant under/overspend on a profiled budget, namely:

 

Disabled Facilities Grant (Private Housing) - the actual grant expenditure of £672,000 was ahead of the profiled expenditure of £407,000 at this time.  However, it was anticipated that expenditure would be contained within budget at the end of the year.

 

Penarth Renewal Area - the actual spend of £112,000 was behind the profiled expenditure of £568,000 for a number of reasons.  Several of the phases of group repair did not commence on site when intended, due to delays in grant sign ups by residents who had requested changes to the proposed schedule of works before proceedings with works as well as higher than profiled owner's contribution income had been received during the first quarter of the year.  A full spend was anticipated as this was the final year of the Penarth Renewal Area.

 

Rural Local Regeneration Plan - this scheme was currently slightly behind profile due to administration delays with project amendments.  It was anticipated, however, that one particular project, Boverton Road public realm improvements could not be completed within the current deadline of February 2011.  Cabinet were advised that a formal request had been made to WAG to extend the end of the programme by three months to May 2011.  No response had been received to date but Cabinet would be advised as soon as the position was clarified. 

 

Merrie Harrier Gyratory and Cardiff Road Bus Lane - this 100% grant funded scheme was slightly behind profile as the telecommunications company involved with the scheme delayed necessary cable diversion works which meant that construction on site was held up for almost four weeks.  It was still anticipated however that the works would be completed within the projected timescale and an underspend on the budget was expected though the exact sum was yet to be quantified.  Any underspend on the grant funding would be returned to SEWTA to be re-allocated amongst other schemes from SEWTA's member authorities.

 

Disabled Access Improvements - the expenditure on this budget had fallen behind profile due to a slower than expected start on this years schemes whilst completing last years works.  It was still anticipated that a full spend would be achieved by year end. 

 

Part of the report was to be referred to Council as it was contrary to and not in accordance with the budget.

 

RESOLVED -

 

(1)       T H A T Council be recommended to adopt the following change to the Capital Programme:

 

·                         Waste Resource Park - amend the current year budget to £880,000 and the 2011/12 budget to £44,000.

 

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

 

·                         Bridge Refurbishment (Cowbridge Viaduct) - increase the budget by £45,000, funded from the Visible Services Maintenance Fund.

·                         Barry Island Replacement Footbridge - increase the budget by £250,000, funded from a Department of Transport grant.

 

Reasons for decisions

 

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

 

 

C1022                        CABINET FORWARD WORK PROGRAMME SEPTEMBER TO DECEMBER 2010 (L) (SCRUTINY - CORPORATE RESOURCES) -

 

The Cabinet Forward Work Programme for the period September to December 2010 was appended to the report together with the previous Forward Work Programme covering the period May to July 2010 which detailed those reports yet to be received. 

 

It was noted that the Programme had been produced in accordance with the provisions of the Local Government Act 2000 and was an important element of the Council meeting its corporate service objectives and maximising consultation with interested parties. 

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the Forward Work Programme for the period September to December 2010, together with the publication of details of availability of the Programme be noted.

 

(2)       T H A T the reasons supplied by officers for the non-submission of the items of the previous Forward Work Programme May to July 2010 be accepted.

 

Reasons for decisions

 

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

 

 

 

C1023                        PUBLICATION OF CHARGES FROM EXTERNAL SUPPLIERS (L) (SCRUTINY - CORPORATE RESOURCES) -

 

Cabinet were provided with an update on the progress made to publish details of charges of £500 or more from external suppliers for works, goods and services to the Council.

 

The Communities Secretary had urged Councils to publish details of spending above £500 as part of a government 'revolution' in transparency.

 

Work was already underway to establish an on-line database covering charges from external suppliers to the Vale of Glamorgan Council in line with the Communities Secretary's proposals.  This was expected to be available via the Council's website by September 2010.

 

The information to be provided would relate to invoices of £500 or more charged to an individual cost centre and would include the name of the supplier, the amount charged and the Directorate/Department.

 

In order to comply with the Data Protection Act 1998, and in particular the first principle of fair processing, it had been necessary to review the categories of supplier to identify payments made to specific groups of individuals. 

 

Consequently, excluded from this database would be charges from individuals for such things as fostering and adoption, adult placements, direct payments for social care, student loans and awards, social and welfare benefits and disabled facility grants.  However, payments to other groups of individuals (e.g. sole traders, professional services) would be subject to publication via the database. 

 

Suppliers had been written to individually to notify them of the Council's intention to publish details of the charges received and to allow them the opportunity to stipulate grounds should they wish to object to the proposals.

 

In addition, remittance advices provided as part of the BACS and cheque supplier payment process would include a permanent reminder of the Council's intention in this respect.  The Council's standard terms and conditions of contract would be revised to incorporate the above principles. 

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the progress made be noted and that the basis under which details of future charges from suppliers would be published on the Council's website be approved.

 

Reason for decision

 

To provide for greater transparency in the Council's affairs.

 

 

C1024                        REPLACEMENT OF SOUND REINFORCEMENT SYSTEM IN CIVIC OFFICES COUNCIL CHAMBER (L) (SCRUTINY - CORPORATE RESOURCES) -

 

Approval was sought for the replacement of the existing obsolete and unrepairable PA system in the Council Chamber. 

 

The existing system had been declared obsolete, and components were no longer available for its repair.

 

The Property Section had undertaken research into the systems available, based on their fitness for purpose and value for money. 

 

The system needed to be able to integrate with the existing Audio Visual systems in the Chamber, and be readily removable for use in other locations and for security when the Chamber was used for other functions.  Accordingly, a wireless system was seen to be the best option. 

 

The proposed system would incorporate a voting system that could be used with loops and headphones.  The controlling software would also integrate with language programmes to translate should this facility be required.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the Director of Finance, ICT and Property be authorised to procure a wireless combined microphone/loudspeaker future proof system in line with the specification set out at Appendix A to the report, such procurement to be undertaken in accordance with the Council's Financial Regulations and Procurement Guidance but that before any contract is entered into, a demonstration by the preferred suppliers be provided to all Members of the Council.

 

Reason for decision

 

The existing system has been declared obsolete and components are no longer available for its repair and currently a number of the microphones and speakers have been removed due to breakdown or damage.  In order that the democratic process of debate can take place an efficient and accessible system needs to be installed.

 

 

C1025                        PROJECT MANAGEMENT (L) (SCRUTINY - CORPORATE RESOURCES) -

 

Cabinet were updated on the review of the Council's project management methodology.

 

An Officer Working Group had been established to devise a new methodology for the management of all Capital and Revenue projects.  The new methodology followed the principles of PRINCE2 (Projects in Controlled Environments) and had taken into consideration the Capital Bidding process, External Funding Steering Group requirements and sustainability considerations. 

 

Four categories of projects had been defined:

 

·                         Capital projects over £300,000 in value

·                         Capital projects under £300,000 in value

·                         Revenue projects - high risk

·                         Revenue projects - low risk.

 

Each category of project was supported by a tailored 'toolkit' of documents for completion by the project manager during the phases of each project.  Governance arrangements were clearly defined at the beginning of all projects, including the nomination of a 'Project Sponsor' who must be of Operational Manager level or above and who was ultimately accountable for the delivery of the project. 

 

Mandatory training was to be undertaken during September for all Operational Managers and other staff undertaking project manager duties.  The training would be delivered by an external training company that had experience in working with public sector organisations to deliver project management training.

 

The methodology would become mandatory for use in the management of all projects from September 2010.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the revised project management methodology, and implementation plan resulting from the review be approved.

 

Reason for decision

 

To facilitate improved project management across the Council.

 

 

C1026                        DATA PROTECTION (LPP) (SCRUTINY - CORPORATE RESOURCES) -

 

Cabinet considered a Data Protection Policy. 

 

One of the central themes of the Data Handling Guidelines was in relation to accountability and reporting.  The Policy set out how the Council intended to comply with this requirement to an accountability structure.  Managers would now be required to confirm by May in each year that their system complied with the eight Data Protection Principles.  It was proposed that the confirmation of system compliance with the Data Protection legislation would be reported to the Audit Committee on an annual basis following which the Monitoring Officer would renew the notification to the Information Commissioners Office in respect of the compliant systems.  It was vitally important that officers confirmed compliance, as it evidenced corporate systematic compliance and ensured that managers were considering DPA on a regular basis.  The Commissioner now had power to fine organisations to £500,000 for data breaches. 

 

The Information Commissioners Office had also set out 10 key obligations in data handling which organisations should adhere to in the form of an information promise.  The Council had entered into this promise.

 

New guidance for managers had been developed and a new training programme for managers had been implemented. 

 

The Council's Audit Department had developed a self-assessment questionnaire which had been sent to all officers responsible for systems.  An Information Strategy and Governance Board had been established with the intent that it would act as managing board for data protection. 

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the Data Protection Policy as set out in Appendix A to the report be adopted.

 

Reason for decision

 

To implement the provisions of the Data Protection Act and related guidance.

 

 

C1027                        SALE OF LAND WHICH SITED THE FORMER PUBLIC CONVENIENCE AT STATION ROAD, RHOOSE (VBS) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Approval was sought to declare land that occupied the former public convenience at Station Road, Rhoose surplus, to permit its sale.

 

The land forming the site of the Station Road Public Convenience was one of many closed public convenience sites throughout the Vale of Glamorgan that were surplus to the needs of the Waste Management and Cleansing Division.  A further report requesting Cabinet to consider declaring other closed and disused public conveniences surplus was to be brought before Cabinet shortly. 

 

The provision of public conveniences was a non-statutory function of the Council and, in the present economic climate was unlikely to be a priority when considering future service provision against budgetary needs. 

 

This was a matter for Executive decision.

 

 

RESOLVED -

 

(1)       T H A T the land at the site of the public convenience be declared surplus to the Council's needs.

 

(2)       T H A T the Director of Finance, ICT and Property be authorised to arrange the sale of the land as appropriate.

 

Reasons for decisions

 

(1)       To change the designation of land formerly used for the purpose of public conveniences.

 

(2)       To permit the sale of surplus land.

 

 

C1028                        CASTLELAND COMMUNITY CENTRE (TL) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Cabinet were advised that the Big Lottery Fund (BLF) grant of £496,741 entitled Belvedere Community Regeneration Project, and originally awarded to the Thompson Street Communities First Partnership Board had now been transferred to the Castleland Community Association (CCA).  Cabinet were also advised that in order for the project to proceed, the CCA required approval for:

 

·                         a legal charge in favour of the BLF to be placed on the lease of the Castleland Community Centre

·                         landlords consent to alter the interior of the Castleland Community Centre

·                         the amendment of the named holding trustees of the existing leases.

 

The project involved the proposed development of a Sensory Garden and substantial interior alterations to install a second floor in the Community Centre and reconfigure the existing ground floor.  The CCA advised that this would enable the Community Centre to be used for additional concurrent community activities.

 

By way of background CCA had had a lease from the Council for the Castleland Community Centre for a term of 28 years from 26^th May, 2004.  The Sensory Garden had a separate 28 year lease from the Council dated 31^st January, 2005 and it was understood that £49,000 of the BLF Grant was to be spent on the same.  Both leases were for a peppercorn rent with the Council arranging and meeting the cost of buildings insurance.

 

In accordance with the terms of the community centre lease, the CCA submitted to the Council a written request for a legal Charge in favour of the BLF to be registered against the leasehold title to the community centre, for landlords consent to interior alterations to be carried out at the community centre and for the alteration of the holding Trustees on the registered lease. 

 

Regarding the request for a Charge to be registered against the leasehold title to the community centre, the BLF initially suggested that the project be delivered by the Thompson Street Communities First Partnership Board as it was felt that neither the CCA nor the Sensory Garden Group had the capacity to deliver the project.  The successful delivery of the project would therefore be dependent upon those few volunteers dedicating a great deal of time and effort into this project.  They would also have responsibility and liability regarding the delivery of the project as were the CCA or any of its trustees to breach any of the terms of conditions of the grant, the BLF would look to the CCA for recovery of any monies.  BLF had, however, indicated that they were not in the practice of taking actions against individual trustees.

 

Cabinet were advised that it was a standard condition of BLF funding that a Charge in their favour must be registered against any building which was to benefit from a grant, and that the lease of the building must be freely assignable to a similar organisation. 

 

Whilst the Council's freehold interest in the community centre would not be affected, the Charge would enable the BLF to step in and take over the leasehold interest to the community centre should the CCA fail to successfully deliver the project.  However, as the BLF were merely a grant giving body, they would look to assign the leasehold interest to a third party with similar objectives to the CCA.  The Council would therefore have no control over the appointment of any new tenant of the community centre by the BLF. 

 

BLF had, however, indicated that if the CCA were to fail to complete the project then the BLF would work with the Council to find a satisfactory arrangement as the BLFs primary concern was the delivery of the project and fulfilment of its objectives.  Similarly, the BLF had advised that if the CCA were to fail to complete the project but the Council were in a position to ensure delivery of the same, the BLF would not have any objections to the Council stepping in and completing the project.  The risk area of the project for the Council would be the non-completion of the project by CCA due to insufficient funds, non-completion due to management issues or non-completion due to changes in key personnel.  If any of these risks occurred, it could lead to increased costs, programme delays and a financial risk to the Council. 

 

Regarding the CCAs request for landlords consent to alterations to the community centre, the Property and Leisure Sections of the Council had reservations about the proposed new internal layout as it was intended that the main hall would be relocated onto a new upper floor.  Facilities such as toilets and kitchen would remain on the ground floor and this could cause difficulties for some user groups.  There were no plans for a disabled toilet to be located upstairs.  One of the concerns was whether this new main hall would be fit for purpose as the ceiling height would inevitably be affected by the sloping roof eaves.  This would reduce its capacity and limit its use as it would have 30% less floor area than present.  The ventilation of the hall via the new Velux windows would also pose limitations on use.  The location of the main hall upstairs would require the installation of a lift.

 

The ground floor would consist of a number of smaller rooms for meetings, office space and changing rooms.  The main hall on the first floor and changing rooms on the ground floor would create problems.  There was no disabled access to the changing rooms when using the main hall upstairs.  The reconfiguration of the internal layout of the centre to a main hall upstairs and number of smaller rooms downstairs would be more difficult to manage.  The centre would also be difficult to zone for security purposes.  There was also a risk that in the future the alterations would mean that the centre was unsuitable for the Council's needs.  The plans that had been submitted were deemed to be current.  The architects for the scheme were working from the plans.  Revised plans had not yet been produced as they expected to complete these once the lease was agreed and for the same reason no detailed structural plans had been developed.

 

With reference to the alterations to the holding Trustees, a Deed of Variation would have to be entered into with the CCA whereby the Trustees currently named on the registered Lease of the community centre lease would be amended to reflect the current Trustees. 

 

The Leader read to the meeting the contents of an e-mail received from the local Members which urged the Council to proceed with this matter.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T consideration of the report be deferred to the meeting of the Cabinet scheduled for 13^th October, 2010, or sooner if possible for a report from officers on the deliverability and affordability of the proposal.

 

(2)       T H A T prior to the further report, a site visit be held comprising all Members of the Cabinet and local Members.

 

Reasons for decisions

 

(1)       To clarify a number of issues..

 

(2)       To inspect the site.

 

 

C1029                        COSMESTON LAKES COUNTRY PARK - PROPOSED LOCAL NATURE RESERVE (TL) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Approval was sought to designate part of Cosmeston Lakes Country Park as a new Local Nature Reserve (LNR).

 

The Countryside Council for Wales (CCW) had reviewed the Site of Special Scientific Interest (SSSI) designation of Cosmeston Lakes Country Park and had determined that part of the previous designated area should be de-notified as a result of it not being of sufficient scientific interest and notified an additional area, namely the Eastern Lake and surrounding land as part of a revised SSSI.

 

The SSSI review afforded an appropriate opportunity to review the broader position of the Country Park.  Cabinet gave consideration to designating part of the park as a Local Nature Reserve (LNR).  This would be the park excepting the Medieval Village Site, a plan of which was attached at Appendix 1 to the report. 

 

A LNR was a very flexible designation which allowed places to be declared because they had local wildlife or geological interest and were of particular value for community enjoyment and education.  A LNR did not have to be of great national or international importance for nature conservation but must be a place which was managed to protect its natural interest and to enhance it if possible.

 

CCW stressed the proactive as opposed to the reactive role of LNRs and recommended the following points be considered when selecting LNR sites:

 

·                         significant opportunities of public enjoyment and community involvement, or

·                         significant opportunities for environmental education or research, or

·                         a combination of the above.

 

CCW placed particular emphasis on the community and educational role of LNRs and believed that there were a number of other criteria which were desirable for LNRs to meet.  Ideally, the site should be:

 

·                         easily accessible to centres of population.  Ideally they should be afforded the siting in close proximity to a settlement and/or by being easily accessible by public transport.

·                         Capable of providing public access, accepting that access to certain areas may need to be restricted in order to maintain their natural interest for people to experience.  Sites which linked into the public rights of way network would be especially valuable. 

·                         Capable of providing a valuable educational resource without degrading its natural value.

 

The CCW had to be consulted before a LNR was declared, which gave CCW the chance to offer the Council any help and advice required in connection with the proposed new reserve.

 

 

CCW advised:

 

"Where access or countryside recreation is the primary objective of a site, it may be better developed as a Country Park or similar.  However, if part of a Country Park or a municipal park is managed for nature conservation, there is nothing to stop this being declared as an LNR".

 

Cosmeston Lakes made an ideal site to be designated as an LNR.  The site supports a rich mosaic of habitats including grassland, woodland reed beds and open water.  These habitats in turn supported a variety of protected and priority species.  The grassland, woodland and hedgerow provided foraging and roosting sites for a number of bat species. 

 

The designation of a Local Nature Reserve would reflect the excellent work being done by the Council to manage the areas outstanding natural features.  The site provided a valuable resource for the local community.  The whole area would be open to the public and there was a good network of paths.  An established Educational Programme already served numerous schools. 

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the proposal to designate Cosmeston Lakes Country Park as a Local Nature Reserve be agreed and that consultations to this effect take place.

 

(2)       T H A T if no objections are received, the declaration be progressed. 

 

Reasons for decisions

 

(1&2)  To recognise the ecological, educational and recreational importance and tourism potential of the country park.

 

 

C1030                        ESTYN INSPECTION ON THE QUALITY OF LOCAL AUTHORITY EDUCATION SERVICES FOR CHILDREN AND YOUNG PEOPLE - POST INSPECTION ACTION PLAN (ELL) (SCRUTINY - LIFELONG LEARNING) -

 

Cabinet were advised of the post inspection action plan drawn up in response to the Estyn Inspection undertaken in March 2010 on the quality of local authority education services for children and young people. 

 

Five recommendations were made by Estyn in order to improve services 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 this, by consistently using information on the outcomes for learners, well

·                         improve standards and curriculum opportunities for all vulnerable pupils and in particular pupils within the Pupil Referral Unit

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

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

 

These recommendations provided the structure for the draft action plan which was attached at Appendix 1 to the report.  The action plan would be incorporate into the Service Plans for 2011/12.  Performance would be monitored as part of the performance management arrangements within the Directorate and would be reported to Scrutiny Committee (Lifelong Learning) as part of the service plan progress monitoring.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the draft action plan attached at Appendix 1 to the report be approved in principle and that the Director of Lifelong Learning, in consultation with the Cabinet Member for Education and Lifelong Learning be granted authority to amend the Action Plan in light of any comments submitted by WAG.

 

Reason for decision

 

To enable the Council to address the recommendations made in the Estyn Inspection Report.

 

 

C1031                        21^ST CENTURY SCHOOLS STRATEGY (ELL) (SCRUTINY - LIFELONG LEARNING) -

 

Cabinet received a report which

 

·                         updated on progress with addressing the requirements of the 21^st Century Schools Programme

·                         sought approval to establish three member advisory groups to continue to the development of the Vale's 21^st Century Schools Programme.

 

Authorities were required to submit a 21^st Century Schools Strategic Outline Programme (SOP) by the end of October 2010.  The Assembly Government/WLGA Programme Team had suggested that draft SOPs be submitted by the end of summer so that it could advise authorities on whether the content met the criteria before the deadline for final submission. 

 

Tranche 3 (T3) of the 21^st Century Schools transitional funding overlapped with the introduction of the full programme.  From 2012 and continuing for 15 years or more, funding would be provided in three year bands for major elements of long term programmes to be agreed between each local authority and WAG. 

 

Following assessment of the SOPs, authorities selected for investment would be required to submit Outline Business Cases (OBCs).  Approval of the OBC would unlock funding for the allocation project slot in the 21^st Century Schools Programme.  Projects with approved OBCs would be initiated for funding and commencement from April 2012.  As Penarth Learning Community had already been approved in principle subject to a full business case being submitted, the investment slot in the programme had already been secured although the exact Welsh Assembly Government financial contribution had not yet been confirmed. 

 

The SOP would need to be refreshed periodically to permit a re-evaluation of priorities.  The frequency of review was still to be confirmed although it would be at least bi-annual.  Developments in relation to Llantwit and Welsh Medium had already been recognised as priorities and feasibility work was in progress.  Whilst it was relatively straightforward to identify schools with development needs on the basis of condition and suitability surveys there was a considerable amount of work to be carried out in relation to the organisation and possible rationalisation of schools and prioritisation of investment needs. 

 

There would be a need to engage all Members in this work and to this end, it was proposed that three Member Advisory Groups be established.  The groups would track the school cluster groups of Barry, rural Vale and Penarth.  Terms of reference for the Advisory Groups was attached at Appendix C to the report.  Due to limited capacity, it would be necessary to focus on one cluster at a time so that only one group would be active at any one time, with each group being disbanded upon conclusion of the work.  It was anticipated that the first group would be convened early in the new year.  The work of the three groups would need to be completed for consideration corporately and wider consultation with schools, governors and teaching associations in readiness to feed into the next provision of the SOP to be submitted by October 2012. 

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the progress made to date in meeting the requirements of the 21^st Century Schools Programme be noted together with the arrangements in place to deliver the Vale's Strategic Outline Programme by the end of October 2010.

 

(2)       T H A T the establishment of three Member Working Groups, based on the school clusters of Barry, the Rural Vale and Penarth be approved subject to the addition of Councillors G.C. Kemp and H.J.W. James to the Membership of the Barry Cluster Group and to the addition of other Elected Members as considered appropriate by the Director in consultation with the Cabinet Member.

 

Reasons for decisions

 

(1)       The 21^st Century Schools Programme is a significant national initiative that the Vale is required to respond to in order to secure future investment funding.

 

(2)       To ensure wider member involvement and engagement in development of the Vale's 21^st Century Schools Strategy.

 

 

C1032                        THE OUTCOME OF THE STATUTORY NOTICE OBJECTION PERIOD IN RESPECT OF THE ESTABLISHMENT OF NEW SEED SCHOOLS IN BARRY AND LLANTWIT MAJOR (ELL) (SCRUTINY - LIFELONG LEARNING) -

 

Cabinet were advised of the outcome of the Statutory Notice objection periods in respect of the new Seed Schools in Barry and Llantwit Major.

 

Given the evidence for current and projected demand for Welsh Medium primary education, an urgent response was required by the Council to prevent the Council from failing to meet its statutory obligation to provide a choice for parents on the type of education they wanted for their child.

 

A range of options had been considered.  These had been appraised and had led to the firm proposals for the Barry and Llantwit Major areas. 

 

Statutory consultation was covered by the Welsh Assembly Government Circular 21/2009.  In making a decision, the Minister would, in the first instance, address whether the Council had consulted reasonably with staff, parents, governors, other schools, the neighbourhood, trade unions, bordering local authorities, local councillors and other stakeholders which the Council saw as being reasonable consultees. 

 

The overriding issue for any Councils statutory organisation proposal was standards of education.  National guidance stated that 'the needs of learners must come first'.

 

It was noted that the education argument for increased and improved Welsh Medium primary education had been endorsed by the vast majority of responders objecting to the proposals.  Objections received at the consultation stage, including two petitions, centred on the access issues, particularly the Barry site.  During the two month objection period, six objections had been received.  One on general issues from NASUWT, and five relating to the Barry Seed School, primarily on access and traffic issues.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the receipt of objections to the proposals for the new Welsh Medium Seed Schools in Barry and Llantwit Major be noted, which meant that the decision on the Statutory Notices would now be taken by the Minister of Lifelong Learning, Welsh Assembly Government.

 

Reason for decision

 

If no objection is received to a Statutory Notice then the final decision rests with the publishing Council.  If any objections are received any decision is referred to, and made by, the Minister of Lifelong Learning at the Welsh Assembly Government.

 

 

C1033                        LLANGAN PRIMARY SCHOOL - ACQUISITION OF LAND FOR NEW CAR PARK AND POSSIBLE FUTURE SITE OF A WIND TURBINE (ELL) (SCRUTINY - LIFELONG LEARNING) -

 

Approval was sought for the acquisition of existing agricultural land adjacent to Llangan Primary School to construct a school car park and provide a possible site for a 20kw wind turbine.

 

Car Park -

 

Efforts had been made to reduce the number of cars dropping children off at the school but due to the rural catchment served by the school, this had had limited impact. 

 

It was not feasible to expand the lay-by sufficient to accommodate all cars requiring a space and providing parking along the road opposite the school was not considered to be a safe option. 

 

Following enquiries by the school, an adjoining land owner had offered to sell sufficient land to accommodate a new car park and a footpath from the car park to the school.  The landowner had agreed to sell the land to the Council for the nominal sum of £1. 

 

The Council's Highways Department had investigated the feasibility of constructing a car park on this site and had confirmed that subject to planning consent the site would be suitable.  The proposal was for a tarmac surface with lighting as required to allow community use in the evening. 

 

Wind Turbine -

 

Llangan Primary School was located in an open rural area and was considered an ideal site for the Vale of Glamorgan Council's first medium scale wind turbine to produce renewable energy.

 

A 20kw wind turbine was proposed which would feed electricity into the national grid at an agreed feed in tariff rate.  This would equate to a saving on the school's electricity bills as all payments arising from the production of electricity would be paid directly to the school. 

 

Planning approval was granted on the 6^th January, 2010 for the installation of the wind turbine on this site.

 

Capital funding was currently unavailable for the installation of the wind turbine although investigations were still underway to source grant funding towards the project.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the acquisition by the Council of the freehold interest in the land identified in Appendix A to the report for use as a car park and possible future site of a wind turbine be authorised.

 

(2)       T H A T the Director of Finance, ICT and Property in consultation with the Director of Learning and Development be authorised to finalise negotiations for the terms and conditions for acquisition of the land from the existing land owner.  

 

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

 

Reasons for decisions

 

(1)       To allow the land to be taken into Council ownership for the purposes described in the report.

 

(2)       To ensure the agreed terms and conditions are equitable for the Council and existing land owner.

 

(3)       To allow the legal transfer of the land to the Council.

 

 

 

C1034                        UPDATE ON THE CORPORATE TRAVEL PLAN - SALARY SACRIFICE CYCLE SCHEME (PT) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Cabinet received a report which:

 

·                         updated on the salary sacrifice cycle purchase scheme that had been available to all qualifying permanent employees for the past year

·                         sought agreement to continue with the scheme and also to advise Cabinet of the issues raised during the first year of implementation.

 

On 25^th February, 2009 Cabinet resolved that the introduction of a salary sacrifice scheme to enable staff to purchase cycles be agreed for a one year period.  It was also agreed that a further report be presented at the end of the first year to advise on progress and for Cabinet to consider whether the scheme should continue. 

 

Following the Cabinet resolution, the Council entered into an Agreement with Cycle Solutions to run the scheme.  The scheme was offered to staff at three different times, June 2009, January 2010 and June 2010.  A total of 132 staff entered Agreements to lease the bicycles with the option to purchase them at the end of the scheme.  The total cost was £69,975 which represented a saving to the employee of 48% and a saving to the Council of £1,747 (National Insurance savings). 

 

A number of employees wanted to participate in the scheme but were exempt due to the fact that they were either essential car users (and they did not want to relinquish this benefit), were on probation or were temporary employees and therefore not a permanent member of staff. 

 

There had also been a number of staff who had not acted within the specified timescales of the scheme.  The staff had been advised of the intention to provide further opportunities at further dates.  There had been a small number of unsatisfied employees due to deadlines not being met, resulting in the cancellation of their orders.

 

As a result of the scheme, there were more staff cycling to work and therefore more demand for shower facilities and safe cycle parking as well as safe routes around the Council's offices.  There had been occasions when staff had been waiting to use the showers in the mornings before starting work.  This had caused problems as staff were required to shower before clocking in to start work and were therefore losing time by using more sustainable methods of travel and so felt disadvantaged.  More lockers were currently being requested (particularly in the Dock Offices) for staff to store clean work clothes to enable them to change.  A further report on the additional facilities and changes together with their associated costs would be presented to Cabinet in a further report.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the uptake of the salary sacrifice cycle purchase scheme be noted.

 

(2)       T H A T the continuation of the salary sacrifice cycle purchase scheme continue for up to a further three year period.

 

(3)       T H A T the financial and practical implications be noted and that a further report be presented to a future Cabinet meeting in 12 months, such report to refer to the take-up and usage by staff across all Council buildings.

 

Reasons for decisions

 

(1-3)    To encourage the use of cycles by staff and to assist the Council with meeting its Corporate objectives in respect of health and wellbeing, and the environment.

 

 

C1035                        CONSERVATION AREA MANAGEMENT IN THE VALE OF GLAMORGAN: REVIEW OF THE CONSERVATION AREA ADVISORY GROUP (PT) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Cabinet received a report which followed on from an earlier report to Cabinet on 20^th June, 2007 which advised of the receipt of a consultants report into Conservation Area Management in the Vale of Glamorgan.  The report included a consideration of options for administering the Council's Conservation Area Advisory Group and which made recommendations as to the remit and workings of that Group.

 

Conservation Area Advisory Groups had been meeting in the Vale of Glamorgan for a period in excess of 30 years.  In June 2007, the Directorate of Environmental and Economic Regeneration reported on the submission of a document entitled 'Valuing Distinctive Places' produced by consultants (The Conservation Studio) on behalf of the Council.

 

One of the recommendations from the Consultants was to seek to revitalise the role of the Conservation Area Advisory Group and this was the issue which was the subject matter of the report before Cabinet. 

 

The Consultants recommended certain actions to include developing a Forum with a broader remit and membership, seeking greater professional involvement and national representation.  It was also suggested that the work of the Group or Forum would be more policy driven and focus less on the reactive role of responding to planning applications with Conservation Areas. 

 

Whilst the recommendations and suggestions of the Consultants were noted, they were felt to be extremely aspirational especially at a time of budget constraints and conflicting priorities for the delivery of a statutory service within certain timescales.  The desire to increase the involvement of the 'wider community' in land use planning matters, including matters relating to the historic environment was an important issue for the Council.  In this regard, it was particularly noticeable that many initiatives already sought to involve the wider community in the planning system.  By way of example:

 

·                         The Council was currently working on a Local Development Plan, a key element of which involved consultation and involvement with all sections of the community and a range of planning and associated issues.

·                         The Council had recently been consulting widely on a series of Conservation Area Appraisal and Management Plans which had been progressing successfully outside of the sphere of the current Advisory Group.

·                         The Council facilitated several opportunities for liaison and discussions with Community and Town Councils through the Community Liaison Committee and the Annual Clerks Meeting as well as through consultation on planning applications and key policy documents.

·                         The Planning and Transportation Division had made arrangements to hold a Town and Community Council Forum on planning matters.  One such meeting was held in early 2009 and a further meeting was scheduled for autumn 2010.

 

Given the above initiatives and commitments, and given the need to consider priorities in the delivery of services across the Council, it was recommended that a focused Group acting as a consultee on applications impacting on the Council's Conservation Areas was the most appropriate way of taking this work forward.  Irrespective of the above, it was still considered appropriate and reasonable to refer relevant policy matters to the Group for consultation purposes. 

 

To this end, it was considered appropriate to seek a 'core membership' by inviting representatives of the Royal Town Planning Institute (RTPI) and the Royal Society of Architects in Wales.  It was also suggested that invites be sent to the 'six groups' namely:

 

·                         Ancient Monuments Society

·                         The Georgian Group

·                         The Victorian Society

·                         The Council for British Archaeology

·                         The Society for the Protection of Ancient Buildings

·                         Royal Commission of the Ancient and Historical Monuments of Wales.

 

Other members from local interest groups, local historical societies and Town and Community Councils would be invited to meetings in the event of applications of policy matters being reported that related to their specific areas and who would be in a position to attend and participate in the discussions and vote on items that were relevant to their areas of interest.  The Chairmanship and Vice-Chairmanship of the Group would remain unaltered and the Group would continue to be administered by the Council's Democratic Services Group.  Meetings would continue to be held monthly.

 

A suggested Terms of Reference were attached at Appendix C to the report.  The Terms of Reference dealt with procedural issues regarding attendance and voting rights as well as the nature of applications to be reported to the Group. 

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the content of the report be approved and that the report be referred to Planning Committee for consideration and to the Conservation Area Advisory Group and Community Liaison Committee for information.

 

(2)       T H A T, subject to consideration of the views of Planning Committee, the Director of Environmental and Economic Regeneration and the Director of Legal, Public Protection and Housing Services, in consultation with the Cabinet Member for Planning and Transportation be authorised to implement the changes to the Conservation Area Advisory Group as outlined in paragraph 10 of the report.

 

(3)       T H A T a review of the effectiveness of the new arrangements be undertaken in 12 months with the finding reported back to Cabinet following the undertaking of that review.

 

(4)       T H A T this matter be reported to Council for approval if required by the Constitution.

 

Reasons for decisions

 

(1)       To consult Planning Committee and the Conservation Area Advisory Group on the content of the report.

 

(2)       To administer changes to the working of the Conservation Area Advisory Group.

 

(3)       To monitor the effectiveness of the proposals and recommend any further changes as required.

 

(4)       To comply with the requirements of the Constitution.

 

 

 

C1036                        NATIONAL EISTEDDFOD 2012 (EDR) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Cabinet were informed of the decision to hold the National Eisteddfod 2012 at Llandow in the Vale of Glamorgan, and were recommended to set up a Working Party to progress arrangements. 

 

The National Eisteddfod was held annually in the summer and was hosted by local authorities throughout Wales at locations broadly alternating between northern and southern Wales.  The event was large scale involving a main Pavilion and a large number of associated performance and cultural venues as well as arts, cultural and commercial activities. 

 

The assembling and negotiations related to the site were the responsibility of the National Eisteddfod organisation, with the assistance of relevant partners including the Council. 

 

The holding of the Eisteddfod in the Vale was a major opportunity for the area and the Council.  The Authority needed to be involved in the following:

 

·                         Progressing site arrangements such as access (vehicle and pedestrian), signage and on-site environmental issues.

·                         Maximising events and visitor potential.  A 'strategy' needed to be developed with the Eisteddfod organisers to ensure that there were good information and positive 'legacy' effects for visitors to the Vale of Glamorgan.  Associated events in the area would be important. 

·                         Ensuring a strong presence on site in a 'host authority' Pavilion.  It was an opportunity each year for a host authority to occupy a prominent site on the Maes in order to promote the attractions of the area.  This would be an important opportunity to highlight the range of attractions in the Vale of Glamorgan. 

·                         Having a presence in the Eisteddfod at Wrexham in 2011.  There would be an opportunity next year at the Wrexham Eisteddfod to provide information about the Vale of Glamorgan and its emerging plans for the Eisteddfod 2012.  Preparatory work would be required to agree the content of the exhibition.

 

Although the event was some two years away, planning needed to commence soon.  A meeting with the Eisteddfod organisers had already been arranged for October.  Following this, it was recommended that a Working Party be set up within the Council to co-ordinate the Council's role.  It was anticipated that Members of the Working Party would include representatives from key service areas of the Council that would be involved not only in the planning of the event but also in respect of participating during the week long event. 

 

This was a matter for Executive decision.

 

 

RESOLVED -

 

(1)       T H A T the decision to hold the National Eisteddfod 2012 at Llandow in the Vale of Glamorgan be welcomed.

 

(2)       T H A T a Working Party be established to progress arrangements to be chaired by the Director of Environmental and Economic Regeneration, and that a progress report be brought before Cabinet in 6 months time.

 

Reasons for decisions

 

(1)       To recognise the importance of the decision.

 

(2)       To establish Council wide arrangements to ensure that the event is a successful opportunity for the Vale of Glamorgan.

 

 

C1037                        BARRY ISLAND MASTER PLAN AND THE NELL'S POINT CONSULTATION EXERCISE (EDR) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Cabinet received a report which:

 

·                         updated on the responses received in respect of the consultation exercise carried out relating to the Humberts Consultancy report on the Nell's Point site at Barry Island

·                         recommended a way forward.

 

Cabinet, on 17^th April, 2010 had received details of the report produced by the Tourism and Leisure Consultancy Humberts relating to likely market interest in Nell's Point.

 

Humberts had completed their report in December 2009 and the Executive summary of the report indicated as follows:

 

From our detailed research and knowledge of the market, we have identified a number of options that may offer development potential and attract new day and staying residents to Barry Island.  These options are briefly summarised below:

 

·                         Option 1 would involve a budget hotel (we anticipate around 60 bedrooms) with family pub restaurants.  There would still be 6-8 acres remaining for further development, which could involve further public open space with children's play and landscape gardens, a watersports centre, enabling development or even a static caravan holiday park. 

 

Note:   Officers had reported to Cabinet in February 2010 on the interest in developing a hotel and pub-restaurant at the land known as 'The Triangle' in the Innovation Quarter of the Barry Waterfront.  It was assumed that should such marketing be successful, the demand for a budget hotel location in Barry would have been fulfilled. 

 

·                         Option 2 focuses on the very real opportunity to develop a new static caravan holiday park with commensurate leisure facilities.  These may include a pub, restaurant and children's play ground that would also be open to the local community.

 

·                         Option 3 is for the site to be used as a 'sports park'.  In essence this involved the creation of a Centre of Excellence for watersports providing the facilities for local residents as well as attracting users from a wider catchment.  It could be formed around a new community leisure centre facility. 

 

·                         Option 4.  The option to put residential apartments on part of the site would help to bring Options 1 or 3, in particular, to fruition in the event of a lack of interest from commercial developers.

 

·                         Option 4a.  A small retail convenience store could generate a further capital receipt to the Council subject to market interests.  Obviously it would be easier to attract such a store with additional residential accommodation also contained within the site Master Plan. 

 

Overall, Humberts considered that, from a visitor and market delivery perspective, Option 2 would be the least risk choice in the current market climate.  A new holiday park with leisure club/bar and small shop would generate new overnight visitors to Barry Island in support of local seafront businesses.  It would also generate a capital receipt for the Council.

 

In accordance with the recommendations of Cabinet, a consultation exercise had been carried out over June and July 2010 and the responses from individuals were attached at Appendix A to the report.  A response from organisations was attached at Appendix B. 

 

The responses from Andy Green and from the Governors of Barry Island Primary School had both responded to the consultation by suggesting, in some detail, alternative options not specifically considered within the Humberts document.  Given that the preferred work programme was now to develop a land use Master Plan for the whole of the Island such suggestions could be examined in greater detail as part of that process. 

 

A number of respondents indicated that they believed that the Council should produce a land use planning document for the whole of the Island as this would set the context under which the Nell's Point land could be marketed.  In addition, some noted that circumstances had changed since the report was produced and that Barry now had status as a Regeneration Area.  Officers accepted both these points and the recommendation above, together with the availability of funding for the work approved by Cabinet on 7^th July, 2010, sought to allow such review of the wider development options on the whole Island to proceed.  The responses received, to date, could be considered as part of the wider Master Planning process.

 

The development of the wider land use plan for the whole of Barry Island to be used during the preparation process for the Local Development Plan would be able to consider a range of needs and options for future development to cover:

 

·                         land based service needs of the residents (retail, education, health, housing, leisure)

·                         design

·                         transportation

·                         access and permeability

·                         public realm

·                         tourism, leisure and development options - mix of uses

·                         height, scale and massing of any proposed development

·                         market interest for any proposed land uses

·                         the environmental context for any options.

 

In taking forward the plan, the process would:

 

·                         review the Vale of Glamorgan Departmental Service needs that had a location or land requirement

·                         review of any service needs from our Local Service Board partners that had a location or land requirement

·                         review of development options and consultation with relevant stakeholders

·                         initial market assessments of the preferred options.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the Director of Environmental and Economic Regeneration take forward proposals to develop a land use Master Plan for Barry Island and that a draft Plan be reported back to Cabinet in due course.

 

(2)       T H A T the land at Nell's Point, Barry Island be not marketed until a Master Plan for Barry Island is agreed.

 

Reasons for decisions

 

(1)       To ensure that the wider opportunities of the designation of Barry as a Regeneration Area can be considered.

 

(2)       To allow the development of a wider contextual Master Plan for Barry Island as a whole in order that any further marketing of the Council land at Nell's Point can be considered in the wider setting of the Island and other developments.

 

 

C1038                        DRAFT SUPPLEMENTARY PLANNING GUIDANCE ON BIODIVERSITY AND DEVELOPMENT (PT & TL) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Approval was sought for proposed amendments to the draft Biodiversity and Development Supplementary Planning Guidance (SPG) following public consultation, and endorsement was sought to enable adoption for development control purposes. 

 

A draft Supplementary Planning Guidance on Biodiversity and Development was prepared in the previous year.  The purpose of producing an SPG on Biodiversity and Development was to clarify the Council's approach to conservation and enhancement.  Experience had shown, through the use of existing SPG, that well established policies were in place, applicants were more inclined to consider issues up front and comply with specific guidance. 

 

The draft SPG had been approved by Cabinet for public consultation on 4^th November, 2009.

 

During the consultation period, two responses had been received from professional ecological consultants along with a response from the Countryside Council for Wales.  As a result of this consultation exercise, Appendix B to the report included a summary of proposed amendments. 

 

In light of the representations received, a number of changes to the SPG were proposed.  Additional amendments were also included to clarify the document and aid public interpretation.  A copy of the amended SPG was attached at Appendix A to the report.  The changes aided interpretation, and helped to clarify nature conservation legislation, policy and procedure. 

 

The main changes were:

 

·                         a revised definition of biodiversity

·                         reference to a series of Sites of Importance for Nature Conservation

·                         inclusion of references to the Environment Agency Wales as a statutory advisor

·                         clarification of the licensing process

·                         updating text to reflect the publication by WAG of Planning Policy Wales (Edition 3) 2010.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the proposed amendments to the draft Supplementary Planning Guidance, following public consultation, be approved.

 

(2)       T H A T the Supplementary Planning Guidance, as amended be approved for development control purposes.

 

Reasons for decisions

 

(1)       To inform Cabinet of the consultation responses and to seek endorsement of the proposed amendments to the Supplementary Planning Guidance.

 

(2)       To provide guidance on biodiversity and development in the Vale of Glamorgan.