Agenda and minutes

Cabinet
Tuesday, 18th December, 2018 14:30

Venue: Council Chamber, Civic Offices Angel Street Bridgend CF31 4WB. View directions

Contact: Andrew Rees 

Items
No. Item

281.

Declarations of Interest

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.

 

 

Minutes:

None.

282.

Approval of Minutes pdf icon PDF 115 KB

To receive for approval the Minutes of 20/11/18

 

Minutes:

RESOLVED:           That the minutes of the meeting of Cabinet of 20 November 2018 be approved as a true and accurate record. 

283.

Outcome of the Consultation 'Shaping Bridgend's Future' pdf icon PDF 73 KB

Additional documents:

Minutes:

The Interim Head of Finance and Section 151 Officer submitted a report which informed Cabinet of the Outcome of the ‘Shaping Bridgend’s Future’ 2018 consultation which asked citizens to share their views on a number of key budget proposals being considered over the Medium Term Financial Strategy (MTFS) period.  She stated that following further reductions in funding from central government, all Councils are continuing to change the way they work and the services they provide so that they can manage with less.  This Council has made reductions from its budget of £30.7 million over the last four years, with an expectation of significant further reductions required.  

 

She explained that respondents were asked to share their views on a range of budget proposals, being considered between 2019-20 and 2022-23, including: proposed increases to council tax; which services to protect and / or cut over others; post 16 transport, nursey education, school budgets, leisure and cultural services, recycling and waste, social services and bus services.  The way in which consultation on the budget proposals has been developed to include new ways for people to participate and engage with the Council, including surveys, social media and drop in sessions with clicker pads.  In addition, the views of young people were gathered, with pupils from all nine comprehensive schools taking part in clicker pad sessions and paper surveys.  Interactive sessions also took place in 15 primary schools.  She stated that the budget consultation overview, document and surveys were made available online via the Council’s website between 24 September and 18 November 2018.  The consultation was aimed at reaching key stakeholders which included citizens, schools, Cabinet Members/ Councillors, local businesses, the third sector, council staff, town and community councils, partner organisations, community and equality groups, youth services/ council and local media.  The consultation was supported by a full communications and promotional plan.  Additionally, methods of engagement included a survey, available both online and in hard copy format; community engagement events, elected member workshops; other meetings / networking events; social media debates and comments and a dedicated Citizens’ Panel survey.       

 

The Interim Head of Finance and Section 151 Officer informed Cabinet that 5,228 responses were received representing a significant increase on the previous year.  She stated that 48% of respondents were not prepared to pay more council tax in order to protect services (than the proposed 4.9% increase).  The most popular services to protect were schools, the care of older people, services for disabled people and leisure services.  She stated that 53% of respondents disagreed with the proposal to ask schools to make budget savings of 1% per year over the next four years.  While 66% of respondents disagreed with the proposal to make savings through reducing day centres or services.  In relation to increasing revenue, 79% of respondents stated that Blue Badge holders should pay for parking, 48% stated Blue Badge holders should pay the same amount as non-Blue Badge holders.  While a further 31% stated that Blue Badge holders should pay a reduced rate.  ...  view the full minutes text for item 283.

284.

Capital Programme 2018-19 to 2027-28 pdf icon PDF 242 KB

Additional documents:

Minutes:

The Interim Head of Finance sought agreement to present a report to Council for approval of a revised capital programme for 2018-19 to 2027-28. 

 

The Interim Head of Finance reported that since the approval of the capital programme, a number of schemes had been progressed which require the approval of Council.  She informed Cabinet that in respect of the 21st Century Schools Band A Programme, despite site investigation works being undertaken in advance of letting the Pencoed Primary School construction contract, the site required significant cut and fill activities not originally anticipated, resulting in the project costs increasing by £200,000.  It was proposed to meet this additional cost from projected under spends in other Band A schemes.  The Interim Head of Finance informed Cabinet that a budget of £165,000 had been included in the capital programme for the provision of additional accommodation at Cwmfelin Primary School.  However, following design development, the original project estimate was deemed insufficient and despite a value engineering exercise being undertaken, a revised project cost had been received of £235,000, resulting in additional funding of £70,000 over and above the approved budget, which it was proposed would be vired from the school modernisation retention budget.

 

The Interim Head of Finance reported that capital investment of £205,000 had been approved for the establishment of a MASH.  However the MASH had instead moved into Raven’s Court, resulting in costs being considerably less than anticipated, which would release funding of £45,116 for other schemes.  She also reported that capital funding of £1.217m for ICT investment had been approved to deliver agile working, which was dependent on securing a tenant for Raven’s Court.  Following decisions on where to place the MASH, the active marketing of Raven’s Court would no longer be pursued and consequently the investment initially identified was no longer required, which left a balance of £1.201m to be de-committed and used for other schemes.

 

The Interim Head of Finance also reported that funding of £360,000 towards cemetery extensions at Porthcawl and North Cornelly, however due to further investigation and feasibility works an additional £170,000 was required to be funded by prudential borrowing.  She also reported that a capital budget of £1.64m is required for the purchase of replacement highway maintenance vehicles to be funded from within clients’ existing revenue budgets, through revenue contributions to capital or prudential borrowing.  The Interim Head of Finance commented on the need following a review of the ICT estate for an increase of £226.375 funded from a revenue contribution from the existing ICT rolling programme budget.

 

The Interim Head of Finance reported that the procurement exercise for the Porthcawl Resort Investment Focus project had been completed which had increased to £2,924,000; there was a need to revise the match requirement to £1,358,060.  The match funding was made up of a range of external resources and Council funds.  She stated that if opportunities arise to access further external funds, either through ERDF or other sources then these will be targeted in an effort  ...  view the full minutes text for item 284.

285.

Kenfig National Nature Reserve Management pdf icon PDF 82 KB

Minutes:

The Corporate Director Communities sought authorisation to not renew the Lease of Kenfig National Nature Reserve when it expires on 31st December 2019 and to serve the appropriate notice on Kenfig Corporation Trust.  The Management Agreement with the Countryside Council for Wales will come to an end on 31 December 2019 and authorisation was sought to contact Natural Resources Wales to inform that the Council would be vacating Kenfig National Nature Reserve on 31 December 2019.

 

He reported that Cabinet at its meeting on 14 December 2010 authorised officers to work with Kenfig Corporation Trust to develop alternative options for the management of the Nature Reserve.  Cabinet at its meeting on 16 October 2018 agreed changes to the way in which the reserve was being managed due to a lack of response from the Trust to the Council’s requests to grant permission to allow a suitably experienced and qualified organisation to manage the reserve and maximise its potential as a visitor attraction.  Between the 14 December 2010 and the meeting of Cabinet on 11 November 2014, officers carried out a range of actions to support the Trust to identify a new management agent well in advance of the Council leaving the site, unfortunately no decision from the Trust was forthcoming. 

 Cabinet at its meeting of the 11 November 2014 authorised the Head of Regeneration and Development to cease the process of investigating alternative options for the management of the Reserve and to operate it in line with current agreements, prioritising the Council’s statutory obligations to protect the Reserve’s ecological features.  Since February 2015 officers have developed and delivered a number of externally funded projects to add value to the prioritised activities within the Management Plan. 

 

The Corporate Director Communities reported that the Council must comply with all the lease terms and tenant covenants set out in the Lease and the Management Agreement until the date of expiry of the Lease.  He stated that upon expiry of the Lease the Council must ensure that the site is in the state of repair and condition required by the Lease and that the Council properly vacates the site by removing all its equipment, machinery and any signage.  The Lease also states the Council is to remove any additional buildings, additions, alterations or improvements made to the site at the expiration of the term and to make good any damage caused by such removal.  The Council could be required to demolish the visitor centre building prior to the expiry of the Lease, although this has not been raised by the Trust.  If a request is made, an assessment of the cost will be undertaken and a further report to Cabinet if required. 

 

He also reported that Cornelly Community Council currently contributes financially towards the Council’s cleaning costs of the visitor toilets at the Reserve.  When the Council exits the site it will no longer retain any responsibility or provide any service in relation to the visitor toilets.

 

The Cabinet Member Education and Regeneration  ...  view the full minutes text for item 285.

286.

Traffic Regulation Order / Traffic Calming and Pedestrian Crossing Process pdf icon PDF 83 KB

Minutes:

The Corporate Director Communities reported on proposed changes to the determination of sustained objections made in respect of proposals to introduce Traffic Regulation Orders and Traffic Calming and Pedestrian Crossings.

 

 He informed Cabinet of the process for the making of Traffic Regulation Orders (TROs) and on the consultation requirements to be followed by the Order Making Authority (OMA).  He also informed Cabinet of the process for the introduction of Traffic Calming/Pedestrian Crossings.  Objections which are sustained relating to these matters are currently determined in this authority in the same manner as TROs, however in respect of these provisions no Order is made.

 

 He reported that in this authority sustained objections to TROS and Traffic Calming and Pedestrian Crossings are determined by the Appeal Panel process which involves:  

 

·             A panel of 3 local members being formed and scheduled to meet which due to calendar commitments can take several weeks to arrange as the panel needs to be supported by legal and democratic services officers.  

·              Objectors are invited to attend to present their case. 

·              Panels may request more information and then a panel reconvened.

 

 This means that the introduction of new traffic proposals may be delayed for several months whilst arrangements are made for setting up and supporting the process.  He stated that this is resource intensive when compared to that adopted by other Order Making Authorities.  An approach was made the County Surveyors Society for Wales Traffic Services Group has been approached to provide information on the process adopted by other OMAs in Wales and the information provided was considered together with relevant legislation / circulars. 

 

 He reported on a proposal to amend the process for determining objections to TROs/Traffic Calming and Pedestrian Crossings from the Appeals Panel process to a delegated function of the Cabinet Member –Communities. 

 

Amendment to Scheme of Delegations and that that new paragraphs 3.5 and 3.6 be added to Scheme A of the Scheme of Delegation of Functions as functions allocated to the Cabinet Member – Communities.

 

 The Cabinet Member Communities commented that the current process can lead to delays and that it needs to be more efficient.  The Cabinet Member Wellbeing and Future Generations requested that the process be refined to permit verbal representations in exceptional circumstancesand to ensure accessibility for those citizens who are unable to make written representations.
    

 RESOLVED:            That Cabinet:

 

(1)    Approved the adoption of the process outlined at paragraph 4.10 of the report;

 

(2)  Approved the amendment to the Scheme of Delegation of Functions as outlined at paragraph 4.11 of the report;

 

(3)  Noted that the decision made in respect of a sustained objection will be published by the Democratic Services Section and subject to Call-in;

 

(4)    Noted that the Council’s Constitution will be amended at Part 3 to remove the TRO functions from the responsibility of the Appeals Panel;

 

Approved that verbal representations will be permitted as part of the process in exceptional circumstances and noted that the Council will consider its duties under the Equality Act 2010.       

287.

School Modernisation Programme - Band B pdf icon PDF 128 KB

Minutes:

The Corporate Director Education and Family Support sought approval to discontinue with the decision of Cabinet of 21 November 2018 in respect of pursuing Option 3 for the financial delivery of Band B of the School Modernisation Programme.  He apprised Cabinet of the change to the Band B capital grant intervention rate; and sought approval to pursue Option 2 for the financial delivery of Band B of the School Modernisation Programme, prior to submission to Council.

 

He reported that the Policy and Planning Framework sets out areas where principles should be applied in practice.  The principles which are relevant to Band B are the size of primary schools and value for money, efficiency and effectiveness.  He informed Cabinet of the background to the school modernisation programme wherein the Council in September 2006 approved a vision for its schools to make them fit for purpose in the 21st century.  Since then, the school modernisation programme has been established as one of the Council’s main strategic programmes.  He stated that Band A schemes, which are funded on a 50/50 basis with the Welsh Government are due for completion in 2018-19 and he outlined the schemes which had been completed.  Work was nearing completion on the remaining scheme within Band A at Ysgol Gynradd Gymraeg Calon Y Cymoedd.

 

He reported that a priority list of schemes for delivery within the Band B timescale was identified.  Cabinet in October 2017 received a report on thethe outcome of the work of the school modernisation workstream and the revised SOP submission and gave approval to discontinue the original Band B schemes and approved schemes to promote the Welsh language and building condition.  It also gave approval to undertake options appraisal work during the Band B period in order to prepare for Band C.  The Council submitted a bid to the Welsh Government for the creation of Welsh-medium child care facilities, the Council has received approval in principle funding of £2.6m.  On 6 December 2017, the Welsh Government gave approval in principle to the Council’s second wave of investment of £68.2m.  In January 2018, the Council approved in principle the financial commitment required for Band B.  He stated that Cabinet was advised in November 2018 of the Welsh Government’s review of the Mutual Investment Model.  

          

He reported that the Welsh Government had announced a change to the capital grant intervention rate where its contribution for Band B has increased to 75% for special school and pupil referral units and 65% for all other schemes.  The Mutual Investment Model intervention rate would remain at 75%.  He stated that officers had reviewed the financial implications of the options and that match funding of £23m was requested to meet the four primary schools identified to be met from general capital funding, with the balance being met from Section 106 funding.  He outlined a comparison of MIM and capital grant schemes together with 4 funding options and an analysis made of options 2 and 3. 

 

The Cabinet Member Education  ...  view the full minutes text for item 287.

288.

Welsh - Medium Capital Grant pdf icon PDF 110 KB

Minutes:

The Corporate Director Education and Family Support presented an update on the outcome of the bid submitted to Welsh Government in respect of the Welsh-medium capital grant and advised on the way forward in respect of the scheme development.

 

He reported that in March 2018, the Cabinet Secretary for Finance made available £30m across Wales for projects dedicated to supporting and growing the use of the Welsh language in education.  This funding would assist the delivery of Welsh Government’s ongoing commitment to achieve a million Welsh speakers by 2050 and was in addition to the existing allocation announced for Band B of the 21st Century Schools and Education Programme.  Consideration was given to how best to increase the number of Welsh speakers within the Borough.  It had been identified that there is a lack of Welsh-medium childcare, which resulted in a decision to centre proposals on Welsh-medium sessional, child and wraparound care. 

 

He reported that a bid of £2.6m was submitted to create Welsh-medium childcare provision in Bettws, Ogmore Valley, Bridgend Town and Porthcawl.  He stated that preliminary work has commenced on developing each of the projects and a project team and steering group had been established.  The project team will deliver the construction element of the scheme and work has commenced on the initial stages of the project focusing on options appraisal in respect of developable land.  The purpose of the steering group will be to support the development and delivery of the Welsh-medium capital programme. 

 

The Cabinet Member Education and Regeneration in commending the proposals commented that a good deal of planning had gone into identifying the locations and he looked forward to seeing the results.  The Leader commented that this was excellent new for the authority and he recognised that the Welsh Government had matched their ambition and the the ambition of this authority with the award of funding.

 

RESOLVED:          That Cabinet:

 

(1)  Noted the outcome of the bid submitted to Welsh Government in respect of the Welsh-medium capital grant bid; and

 

(2) Approved the approach to the scheme development.   

289.

Appointment of Local Authority Governors pdf icon PDF 115 KB

Minutes:

The Corporate Director Education and Family Support sought approval for the appointment of Local Authority Governors to the school governing bodies listed. 

 

RESOLVED:           That Cabinet approved the appointments as listed in   paragraph 4.1 of the report.

290.

Advocacy - Children's Services pdf icon PDF 68 KB

Minutes:

The Head of Children’s Social Care sought authority to enter into an Inter-Authority Agreement (IAA) with Rhondda Cynon Taff County Borough Council (RCT) and Merthyr Tydfil County Borough Council (Merthyr) to manage and oversee the commission of a Cwm Taf regional service for an Independent Professional Advocacy (IPA) and Independent Visiting (IV) service for eligible Children and Young People.

 

The Head of Children’s Social Care reported that the Council has a statutory duty to provide an Independent Professional Advocacy Service for eligible Children and Young People, notably Looked After Children, Children in Need and those in Child Protection.  She stated that the Welsh Government has established a ‘National Approach’ to Children’s Advocacy based on regional commissioning, the provision of an Active Offer of advocacy for eligible CYP, and an option to include a complimentary Independent Visiting service.  To remain compliant, the CYP Advocacy Service required a change in regional commissioning from Abertawe Bro Morgannwg University Health Board to Cwm Taf University Health Board.  She stated that Cwm Taf, is currently receiving a service from National Youth Advocacy Service as their provider and are re-tendering for this service to start from April 2019.  The proposal is for a regional IAA with joint procurement of services starting from 1st April 201with RCT acting as Lead Authority for the regional procurement exercise, with BCBC officers participating in the tender process and evaluation panel.   

 

The Leader welcomed the inclusion of the Independent Visiting Service for

children in the procurement exercise. 

RESOLVED:           That Cabinet approved the proposal to enter into an Inter-Authority Agreement with RCT and Merthyr, and noted that approval to award the regional Independent Professional Advocacy and Independent Visiting service contract will be sought via Delegated Powers (under BCBC’s Scheme of Delegation) once the procurement and evaluation process has been undertaken.

291.

Local Government (Miscellaneous Provisions) Act Section 65 Power To Fix Fares For Hackney Carriages Objections To The Proposal To Amend The Hackney Carriage Fares Tariff pdf icon PDF 86 KB

Additional documents:

Minutes:

The Head of Shared Regulatory Services reported on objections to the proposal approved by Cabinet to vary the current rate of Hackney Carriage Fares.  He stated that Cabinet at its meeting on 5 September 2017 considered 3 proposals to vary the current hackney table of fares and determined to reject those proposalsand recommended the legality and practicalities of consulting on hackney carriage fees with the taxi trade and public be explored.

The Head of Regulatory Services reported that officers asked each of the applicants to consider the other proposals with a view to presenting a further single application with support from all parties.  However, no consensus could be reached between the applicants and during this period an additional application was received from Mr Peter Renwick of Premier Cars (Cardiff) Ltd.  Consultation took place with each of thelicensed hackney carriage/private hire vehicle drivers in Bridgend, seeking their views and whether they had a preferred option on the 3 proposals previously considered by Cabinet, and the subsequent proposal received.  The results of the consultation were presented to Cabinet on 23 October 2018.  Cabinet approved Proposal 1, submitted by Mr James Borland and Richard Parrott, subject to the issuing of a public notice in a local newspaper inviting objections.

 

The Head of Regulatory Services informed Cabinet that the report submitted to it on 23 October 2018 contained incorrect figures for the cost of 5 mile and 15 mile journeys for Proposal 1, but the information provided to the licensed trade during the consultation was correct and as such the results of the consultation are based on the correct figures.   

 

The Head of Regulatory Services informed Cabinet that 3 objections were received to the public notice and he outlined those responses.  He stated that Cabinet was required to consider the objections and determine whether it remains content with the decision to ratify Proposal 1 as the preferred option based on the correct figures, or having reviewed the information regarding the updated figures, to now select a different proposal. 

 

The Cabinet Member Wellbeing and Future Generations proposed that Cabinet support Proposal 1 as it had received the most support from the trade.  She stated that she was satisfied with the consultation which had taken place and that the trade had received the correct figures and believed that the cost of re-calibration could be recovered.  The Cabinet Member Wellbeing and Future Generations also commented that this was a cap on the maximum fare that could be charged, and drivers did not have to increase their fares if they were so minded.  The Deputy Leader commented that he was satisfied with the consultation undertaken and the re-calibration of equipment was not insurmountable.         

 

RESOLVED:           That Cabinet:

a)  Noted the representations received in Appendix B of the report in consideration of the decision taken by Cabinet on the 23 October 2018 to amend the tariff of fares;

Determined to continue with Proposal 1 and introduce a new hackney carriage tariff based on the amended figures set out  ...  view the full minutes text for item 291.

292.

Gambling Act 2005 Statement of Principles pdf icon PDF 83 KB

Additional documents:

Minutes:

The Head of Shared Regulatory Services reported on the outcome of the three year review of the Gambling Statement of Principles, which is the framework which governs the way this authority undertakes its duties as the licensing authority for gambling.  Approval of the Statement of Principles for the next three year period from 2019 is a Council function. 

 

He reported that the Council is required to publish a policy statement known as the Gambling Statement of Principles every three years which has been reviewed and a draft consultation undertaken.  He stated that the Council must undertake a statutory consultation exercise, which is prescribed by regulations with statutory consultees such as the Gambling Commission, Chief Officer of Police, one or more persons who are likely to be affected by the exercise of the authority's functions under the Act.  This comprises elected Members, Town and Community Councils, Trade representatives, machine suppliers, safeguarding organisations (including problem gambling), the Public Service Board and Community Safety Partnership.  Consultation took place between 31 August 2018 and 9 November 2018, which resulted in three valid responses being received.  The Head of Regulatory Services outlined the proposed amendments to be made to the Statement of Principles.  

 

The Cabinet Member Social Services and Early Help in commending the Statement of Principles was pleased to note that the Government had announced a change to the stakes involved in gaming machines known as “Fixed Odds Betting Terminals”.  He also commented on the negative impact of gambling on mental health and on families. 

 

RESOLVED:            That Cabinet endorsed the Statement of Gambling Principles, incorporating the proposed amendments 1-3 referred to in paragraphs 4.8.1 to 4.9.2 in the report and forwarded it to Council for approval and publication in accordance with the regulations. 

293.

Urgent Items

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.

 

 

Minutes:

There were no urgent items. 

294.

Darren Mepham

Minutes:

The Deputy Leader announced that this would be the last meeting of Cabinet attended by Darren Mepham, Chief Executive.  He and the Cabinet Members thanked the Chief Executive for the support and advice he had given to them and wished him well in his future career.  The Leader commented that the Chief Executive’s time in Bridgend could be measured by the success of the organisation and his support of the communities in the County Borough.    

 

The Chief Executive thanked the Cabinet for their kind words and for welcoming him to Wales.  He stated that he would take a lot from his time both working and living in Wales and that he would be following the fortunes of the Council from the other side of the Bridge.  He commented that a feature of his time in the authority was the excellent relationships between officers and Members.      

295.

Exclusion of the Public

The following item is not for publication as it contains exempt information as defined in Paragraph 14 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 this item in private, the public will be excluded from the meeting during such consideration.

 

 

 

Minutes:

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 item of business as it contains exempt information as defined in Paragraph 14 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.

 

Following the application of the public interest test in consideration of this item, it was resolved that pursuant to the Act referred to above, it be considered in private, with the public being excluded from the meeting as it would involve the disclosure of exempt information of the nature as stated above.

296.

Approval of Exempt Minutes

To receive for approval the exempt minutes of 20/11/18

 

Minutes:

RESOLVED:           That the exempt minutes of the meeting of Cabinet of 20 November 2018 be approved as a true and accurate record.