To receive declarations of personal and prejudicial interest (if any) from Members/Officers in accordance with the provisions of the Members’ Code of Conduct adopted by Council from 1 September 2008.

The following declaration of interest was made:

Councillor CE Smith declared a prejudicial interest in agenda item 11 – Appointment of Local Authority Governors as he is a candidate for a vacancy on Bryntirion Comprehensive School and withdrew from the meeting during consideration of the item.      

To receive for approval the Minutes of a meeting of the Cabinet dated 1 November 2016

RESOLVED:            That the minutes of the meeting of Cabinet of 1 November 2016 be approved as a true and accurate record.  

The purpose of this report is to present Cabinet with the draft Medium Term Financial Strategy 2017-18 to 2020-21, which sets out the spending priorities of the Council, key investment objectives and budget areas targeted for necessary savings. The strategy includes a financial forecast for 2017-21 and a detailed draft revenue budget for 2017-18.

The Section 151 Officer presented a report on the draft Medium Term Financial Strategy for 2017-18 to 2020-21, which sets out the spending priorities of the Council, key investment objectives and budget areas targeted for necessary savings.  He stated that the strategy includes a financial forecast for 2017-21 and a detailed draft revenue budget for 2017-18.

He reported that the draft MTFS has been significantly guided by the priorities in the Corporate Plan and although year-on-year reductions in Aggregate External Finance (AEF) had necessitated significant budget reductions across different service areas, the Council still plays a very significant role in the local economy of Bridgend County Borough and is responsible for annual gross expenditure approaching £400 million and is the largest employer in the county borough.  The Corporate Plan would be considered for approval at Council in March 2017 alongside the Medium Term Financial Strategy 2017-21 and would be fully aligned and include explicit links between resources and corporate priorities. 

The Section 151 Officer reported that the MTFS is set within the context of UK economic and public expenditure plans, Welsh Government and legislative programme and articulated how the Council planned to use its resources to support the achievement of its corporate priorities and statutory duties.  He reported that the Chancellor of the Exchequer had announced in the Autumn Statement that Wales would receive £400m capital investment, although the Welsh Government had not determined how this would be distributed.  He stated that the provisional Local Government Settlement provided an overall increase of 0.1% in Aggregate External Finance (AEF)with Bridgend’s funding on a like-for-like basis being a reduction of £0.5 million, or -0.3%.  The provisional settlement compared favourably to the -3.2% “most likely” assumption contained within the MTFS for 2017-18 and is better than the “best” case scenario assumption of -1.5%. 

The Section 151 Officer reported that whilst the 2017-18 draft settlement was the most favourable in recent years, the Finance Secretary had advised that Councils should use a period of relative stability to prepare for harder choices and more difficult times ahead.  He stated there was no indication of local government settlements for 2018-19 onwards and there was also significant turmoil in financial markets in the aftermath of the UK’s decision to leave the European Union.  The Pound had devalued against the Dollar and the Euro resulting in the Bank of England cutting interest rates by 0.25% to 0.5%.   He stated that the most likely assumption was a -3.2% annual reduction in Aggregate External Finance for 2018-19, 2019-20 and 2020-21, which would mean a total recurrent budget reduction requirement forecast to be £34m for 2017-18 to 2020-21.   

The Section 151 Officer reported also reported on the transfers into and out of the Revenue Support Grant, however the full picture on specific grants was not yet clear, which would impact on the Council’s resources.  He informed Cabinet that the Intermediate Care Fund remained at £60m across Wales for 2017-18, which would again be allocated to the NHS to manage, working  ...  view the full minutes text for item 1015.

To set out for consideration by Cabinet the findings of the recent public consultation on proposed dispensation from the Council’s two bag residual waste restriction policy from the 1^st April 2017 and approve the recommended dispensation for households with six or more inhabitants and also for households where a coal fire is the main heating source, for the collection of ash.To also grant to the Corporate Director Communities authorisation to develop appropriate procedures for the proper management and administration of any dispensation so approved.

The Corporate Director Communities reported on the findings of the recent public consultation on proposed dispensation from the Council’s two bag residual waste restriction policy from the 1^st April 2017 and sought approval of the recommended dispensation for households with six or more inhabitants and also for households where a coal fire is the main heating source, for the collection of ash.

He reported that the Waste Collections and Household Waste Amenity Sites contract is currently in the process of being re-procured and will operate from 1^st April 2017 to 31^st March 2024.  He stated that all residual waste presented by householders is collected by the waste contractor and in order to meet the very stringent Welsh Government recycling targets Cabinet at its meeting on 15 March 2016 approved the introduction of a two-bag restriction on residual waste presented at the kerbside for collection by householders.  To address these issues, Cabinet approved a round of public consultation for dispensation from the waste restriction policy for two areas, namely; Proposal 1 - households with a high number of occupants; Proposal 2 - households disposing of ash from coal fires. 

The Corporate Director Communities reported that the a number of consultees had raised comments which were mirrored in previous  consultations of a perceived risk of increased fly tipping to suggestions that consideration be given to penalising non-recyclers.  He stated the majority of responses to Proposal 1 were not in favour of the proposed dispensations, of the respondents that would qualify for the dispensations; the majority (80%) supported the proposal.  He stated that the primary purpose of the implementation of the residual waste restriction to a two sack system is to increase recycling.  He envisaged that if the proposed households were granted the opportunity to apply for a dispensation it would still be necessary  to impose  rigorous   checking and vetting to ensure that only those in genuine need of additional capacity for their residual waste were granted an additional ‘ bag’ and to continue to promote the increase in recycling needed. 

He reported that Cabinet needed to consider allowing dispensation from the Council’s two bag residual waste restriction policy in the following circumstances:

·         One additional bag per fortnight for properties with 6 or 7 residents.

·     Two additional bags per fortnight for properties with 8 or more residents.

·     One additional bag per fortnight for properties with coal fires as the primary source of heating for the collection of ash.

He informed Cabinet that the public would be able to register with the contractor to receive a dispensation and make use of the scheme, however it was vital to ensure that additional bags are only issued where there is a real need and are not used to dispose of recyclable material in the residual waste stream.  Applications for dispensation would need to be vigorously and robustly checked.  He stated that the final criteria to be applied to the dispensations policy would be established in conjunction with the new waste contractor in advance  ...  view the full minutes text for item 1016.

To bring to the attention of Cabinet details of the proposed public awareness and information plans attached to the mobilisation of the Council’s new waste services contract, commencing on the 1^st April 2017, and proposals to engage additional resources in the short term to supplement existing staff numbers who provide contact centre services. To set out for consideration by Cabinet proposals to promote compliance with the Council’s new residual waste collection policy, alongside measures to improve the recycling performance at the Council’s community recycling centres (CRC), and proposals to engage additional resources in the short term to supplement existing staff numbers who provide educational and enforcement support. To also seek Cabinet approval for the procurement and appointment of an education and enforcement partner to supplement the resources of the Council going forward. And finally, to grant to the Corporate Director Communities authorisation to develop appropriate procedures and practices related to the management and administration of any agreed education and enforcement proposals.

The Corporate Director Communities reported that the Waste Collections and Household Waste Amenity Sites contract will come into operation from 1^st April 2017 and will run for seven years up to the 31^st March 2024. 

He stated that as with the introduction of any large scale change in service provision, the introduction of the Council’s new waste collections policy and the changes to the provision of the service introduced as a consequence of the new contract would need to be conveyed to the public both in advance of the changes being introduced and during the period of contract mobilisation, to ensure that the public is kept informed of collection details and importantly the reasons for the changes being made.  He informed Cabinet that detailed information and advice provided to the public would be central to securing the efficient roll out of the new service and the success of the Council’s policy to restrict residual waste presented at the kerbside to two bags per household per fortnight.   He stated that the Contractor would also have a significant role to play in supplying details of the service to be provided.  He outlined the main areas where the Council will seek to engage with the public and the means by which every householder receives information on the waste services contract. 

The Corporate Director Communities reported that it was expected that the Council’s contact centre will receive high levels of calls and requests for information from the public during the first six months of the new contract.  He stated that to manage the public’s expectation and to secure as far as is possible the smooth transition from existing, to the new collection arrangements, up to seven additional contact centre staff will be employed by the contact centre on a temporary basis to deal with this pressure.  He also stated that regrettably, some households will seek to continue with the outdated practice of disposing of all of their waste materials through the residual black bag waste stream.  In such circumstances, the Council will look to engage with the householder to seek compliance with the Council’s waste collection policy.  He stated that reverting to the Council’s enforcement powers would be viewed as a last resort but it would be an important cornerstone of the Council’s drive to improve its recycling performance, in order to meet stringent Welsh Government targets and avoid potentially significant fines, and to reduce the amounts of waste sent to landfill.

The Corporate Director Communities reported that as a consequence of budget cuts, the Council did not have sufficient resources to police the new waste restriction policy and it was proposed to enter into a procurement exercise to identify a suitable education and enforcement services partner, who will assist and work alongside the Council’s existing teams and its new waste services contractor to help educate and where necessary enforce the Council’s policy on limiting the number of bags presented at the kerb to two bags per household, per fortnight.  In addition  ...  view the full minutes text for item 1017.

This Cabinet report sets out the Environment (Wales) Act 2016 and its duties and responsibilities.  The report highlights the implications for Bridgend County Borough Council, in particular the resource implications of new duties arising from the Act. 

The Corporate Director Communities reported on the duties and responsibilities of theEnvironment (Wales) Act 2016.

He stated that Act puts in place the legislation needed to plan and manage Wales’ natural resources in a more proactive, sustainable and joined-up way and is intended to deliver significant economic, social and environmental benefits for Wales.  The Act has been put in place to make the most of the opportunities that Wales’ natural resources present while safeguarding and building the resilience of natural systems to continue to provide these benefits over the long term. 

The Corporate Director Communities highlighted the implications of the Act on the Council to co-operate and provide evidence to produce area statements.  The Act also placed a new biodiversity duty on the Council which enhanced the previous duty placed and to comply with this, the Council will require a greater organisation-wide understanding and capacity than had previously been the case.  This will require training and professional advice to services in the exercise of their functions and the regulatory requirements.  The Act introduced new arrangements in relation to waste segregation and collection.

The Corporate Director Communities reported that it would not be possible to meet the additional requirements of the Environment (Wales) Act 2016 within the reduced resource levels the Council currently has and a growth bid has been submitted as part of the budget setting process for 2017/18 to secure additional resource which would be aligned to the delivery of the Environment and Sustainable Development Directorate Revenue Grant so that as well as supporting BCBC to deliver in line with the Act it would also support the delivery of that grant in line with Welsh Government requirements.

The Cabinet Member Communities stated that the Act will place greater importance on data sharing, increased requirements on biodiversity and carbon reduction and there was a need to embrace the proposals. 

RESOLVED:           That  Cabinet:

(a)          Noted the new duties and responsibilities imposed by the Environment (Wales) Act 2016 and the policy, delivery and resource implications for the Council arising from this new legislation;

Noted that implementing the legislation will require additional resources, for which additional resources will be sought, as part of the budget setting process for 2017/18.

                The purpose of this report is to present to the Cabinet the Council’s performance against the Welsh Public Library Standards (WPLS) Fifth Framework for 2015-16 and to gain approval for the Library Service’s strategic principles.

The Corporate Director Communities reported on the Council’s performance against the Welsh Public Library Standards (WPLS) Fifth Framework for 2015-16 and sought approval for the Library Service’s strategic principles. 

He stated that the Council is required each year as the Public Library Authority to submit a Welsh Public Library Standards annual return for consideration by assessors.  A report is issued in turn by the Museums, Archives and Libraries Division (MALD) of the Welsh Government who have responsibility for administering the Framework which gives an assessment of the Council’s performance.  

The Corporate Director Communities stated that BCBC transferred the management of a range of cultural services, which included the Library Service, to Awen Cultural Trust from 1^st October 2015.  The statutory duty to provide the library service and report on its performance remained with the Council but Awen, under the terms of the management agreement, provided the Council with the information it needed to satisfy itself that the service is meeting the desired outcomes.

The Corporate Director Communities highlighted the 2015/16 report from MALD in response to the Library Service self-assessment return against the fifth Framework of Welsh Public Library Standards 2014-17.  He added that the MALD Report was positive and highlighted a number of improvements in a number of key areas and demonstrated how the how the transfer of the libraries function to Awen Cultural Trust has provided further opportunities for developing the service.  He indicated that 17 of the 18 core citizen entitlements were met during 2015-16 (with the other met in part) whilst, of the seven quality indicators with targets, six were fully met and one in part. This compared with four being met in full in 2014-15.  He stated that the range of quality indicators that were fully met underlined how the library service plays an important role in promoting citizens’ digital skills and inclusion, how libraries are located close to where their users live and have, in spite of financial pressures, maintained opening hours.  The quality indicator not fully met related to staffing levels, which could be interpreted as efficient use of staffing resources and any attempt to meet this standard would need a significant increase in financial resources as well as jeopardising performance against other targets. Such staffing efficiencies had contributed to the service significantly reducing revenue expenditure and the cost per visit falling to below the Welsh median.  Overall, MALD recognised the improvements in stock provision and welcomes the maintenance of performance, despite budget reductions.  The performance of Bridgend’s library service showed “careful management and a generally positive overall direction”.  The service achieved a 97% overall satisfaction rating from its customers.

The Corporate Director Communities also reported that in view of the innovative decision to transfer services to Awen and the agreed focus on outcomes it was suggested that Cabinet agree strategic principles as a basis for developing the 2017/18 outcomes framework for the Cultural Partnership Agreement in relation to Developing new library spaces; Children’s literacy and reading and Digital skills agenda.

The  ...  view the full minutes text for item 1019.

To provide Cabinet with an update on the Council’s drafting of its Flood Risk Management Plan (FRMP), its implications, and to seek authorisation to consult the public on the draft FRMP.

The Corporate Director Communities reported on an update on the Council’s drafting of its Flood Risk Management Plan (FRMP), its implications, and sought authorisation to consult on the draft FRMP.

He stated that the Flood and Water Management Act 2010 is intended to implement Sir Michael Pitt’s recommendations following the widespread flooding of 2007.  The Act was also intended to clarify roles and responsibilities between Risk Management Authorities and the Council is required to produce a Flood Risk Management Plan. 

He reported that there are currently no “Blue Squares” that identify flood risk areas as set out in the criteria, but the importance of each Lead Local Flood Authority producing a FRMP was identified by Welsh Government.  Funding was provided to all local authorities to produce a FRMP.  He stated that the draft FRMP identifies a number of locations within Bridgend that are likely to be highlighted  in a  future review of Flood Risk Areas and as such the Plan proposed was not only of importance for the future, but identified best practice for departments currently responsible for flood risk at this time.

RESOLVED:            That Cabinet noted the update on the draft Flood Risk Management Plan and approves the undertaking of public consultation on the Draft Flood Risk Management Plan.  

The purpose of the report is to present to Cabinet the findings of the recent Bridgend Town Centre Access Study consultation, and the Equalities Impact Assessment, and, subject to a Cabinet agreement on the way forward, to seek approval to commission detailed design work for the scheme.

The Corporate Director Communities reported on the findings of the recent Bridgend Town Centre Access Study consultation, the Equalities Impact Assessment, and, subject to Cabinet agreement on the way forward, sought approval to commission detailed design work for the scheme.  

He reported that public consultation on the proposal to reintroduce traffic to Queen Street, Dunraven Place and Market Street.  In addition, it was proposed to introduce 20 miles per hour speed zone and two pedestrian crossings alongside approximately 18 parking/loading bays and street bollards designed to improve safety by separating pedestrians and vehicles.  He stated that 2,480 responses were received to the consultation and data validation measures undertaken to ensure that the same respondent could not submit more than one response. 

He highlighted the key findings of the consultation, in that eight in ten respondents agreed with the proposal against one in five who disagreed.  Of those who supported the proposal, three in four would like the roads to be open 24 hours a day, seven days a week.  One hour parking was the most popular response overall with over two in five (42.1%) selecting the option followed closely by 40% selecting 30 minute parking bays.  He stated that a response was also received from Guide Dogs Cymru supporting the introduction of dropped kerbs to facilitate access by wheelchair users and other pedestrians, but these must be marked with the appropriate tactile paving.  He informed cabinet that the response falls in line with the outcome of the Capita report referenced in the consultation.  Over seven in ten (75.8%) thought the introduction of the proposal would have a positive impact on the town centre.

The Corporate Director Communities reported that based on the overall conclusions it was reasonable to conclude that the majority of respondents supported the proposal to reintroduce vehicles into Queen Street, Market Street and Dunraven Place, with a preference is to allow full-time vehicular access (60.8%).  There was no significant preference in terms of the duration of parking in parking bays between one hour and 30 minutes.  Suspending the pedestrianisation of Queen Street, Dunraven Place and Market Street with the introduction of parking spaces will enable the town centre to become more accessible to shoppers in the day time and customers during the evening, therefore creating an opportunity that currently does not exist to address the economic performance of the town. 

He reported on the next steps in the process which would involve proposed design and consultation steps before an Experimental Traffic Order can be implemented.  He also outlined the legislative background of making a traffic order and informed Cabinet that some of the obligations can be competing in deciding whether to proceed with the proposed order.  

He also reported that a full Equalities Impact Assessment was undertaken which had recommended mitigation measures to be addressed through the design and if agreed, the implementation stages of the project. 

He reported that the cost of the Access Study had been met by the Welsh Government under the Vibrant and  ...  view the full minutes text for item 1021.

The purpose of this report is to seek approval from Cabinet for the appointment of Local Authority (LA) governors to the school governing bodies listed in paragraph 4.1 and 4.2.

The Head of Education and Early Help sought approval for the appointment of Local Authority Governors to the school governing bodies listed. 

RESOLVED:            That Cabinet approved the appointments listed. 

The purpose of the report is to seek a waiver under Rule 3.2.3 of the Council’s Contract Procedure Rules from the requirement to obtain quotes or tenders by open competition for the supply of equipment which will enable the enhancement of the existing Council Chamber infrastructure, and to seek approval to enter into a contract with Auditel Rental and Services Limited.

The Corporate Director Operational and Partnership Services sought  a waiver under Rule 3.2.3 of the Council’s Contract Procedure Rules from the requirement to obtain quotes or tenders by open competition for the supply of equipment which will enable the enhancement of the existing Council Chamber infrastructure.  He also sought approval to enter into a contract with Auditel Rental and Services Limited.

He reported that the webcasting system using the Council Chamber’s systems has enabled greater openness and transparency of the Council’s decision making processes, with 16 formal meetings webcast between 1 January 2016 and 1 September 2016.  The ongoing use of the webcasting system has identified the shortcomings of the existing infrastructure within the Council Chamber and do not effectively support the complex demands expected in this digital age.  He stated that the current systems are provided by Auditel Rental and Services Limited who were successful in the previous competitive tender and now have an ongoing service level agreement for the maintenance of the bespoke Council Chamber systems.  Any upgrades to the infrastructure will be required to integrate effectively with the existing Auditel hardware and control systems.  In addition, the use of any equipment which has not been supplied or authorised by Auditel would invalidate the service warranty provided as part of the continuing software, webcasting and maintenance agreement with Auditel.  He stated that the use of an alternative supplier for the provision of this infrastructure may

compromise the operation of the single integrated systems used in the Council Chamber and Council Suite.

RESOLVED:            That Cabinet:

(1)          Approved a waiver under Rule 3.2.3 of the Council’s Contract Procedure Rules from the requirement to obtain quotes or tenders by open competition for the supply of equipment to upgrade the existing Council Suite systems from analogue to digital connectivity;

Authorised the Corporate Director Operational and Partnership Services to enter into a contract with Auditel Rental and Services Limited on behalf of the Council for the supply of digital connectivity as detailed in the report.   

The purpose of this report is to inform Cabinet of the Information Report which has been published since its last scheduled meeting.

The Corporate Director Operational and Partnership Services presented a report, the purpose of which was to inform Cabinet of the Information Report which has been published since the last meeting.

The Leader congratulated the staff, pupils and governing body of Ysgol Gyfun Gymraeg Llangynwyd on the good progress made by the school against the post inspection action plan.

RESOLVED:            That Cabinet acknowledged the publication of the document listed in the report:-

Title                                        Date Published

Ysgol Gyfun Gymraeg           23 November 2016   

Llangynwyd Estyn Progress

Report             

To consider any items of business that by reason of special circumstances the chairperson is of the opinion should be considered at the meeting as a matter of urgency in accordance with paragraph 2.4 (e) of the Cabinet Procedure Rules within the Constitution.

There were no urgent items. 

The minutes and report relating to the following items are not for publication as they contain exempt information as defined in Paragraphs 14 and 16 of Part 4 and Paragraph 21 of Part 5, Schedule 12A of the Local Government Act 1972, as amended by the Local Government (Access to Information) (Variation) (Wales) Order 2007.

If following the application of the public interest test Cabinet resolves pursuant to the Act to consider these items in private, the public will be excluded from the meeting during such consideration.

RESOLVED:           That under Section 100A (4) of the Local Government Act 1972 as amended by the Local Government (Access to Information) (Variation) (Wales) Order 2007, the public be excluded from the meeting during consideration of the following items of business as they contain exempt information as defined in Paragraphs 14 and 16 of Part 4 and Paragraph 21 of Part 5 of Schedule 12A of the Local Government Act 1972, as amended by the Local Government (Access to Information) (Variation) (Wales) Order 2007.

The Monitoring Officer confirmed that the items were in part not subject to the public interest test for reasons of legal professional privilege and should therefore be considered in private.  However the public interest applied in respect of parts of the items of business.

Following the application of the public interest test in consideration of these other items, it was resolved that pursuant to the Act referred to above, to consider them in private, with the public being excluded from the meeting as they would involve the disclosure of exempt information of the nature as stated above.

To receive for approval the exempt minutes of a meeting of Cabinet dated 1 November 2016