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.

None.

To receive for approval the Minutes of 18/06/2019

RESOLVED:         That the minutes of a meeting of Cabinet of 18 June 2019 be approved as a true and accurate record.  

The Chief Executive reported on a proposal by Valleys to Coast Housing Association on proposed revised changes to the governance structure of its Board. 

He stated that since its establishment, the membership of the V2C Board had reduced from 12 to 9 members, made up of a third each of tenants, Councillors and Independents.  V2C had applied the Regulation of Social Landlords (Wales) Act 2018 to its Board, reducing the Council’s nominated positions on the Board from three to one.  V2C is seeking to change its Memorandum and Articles of Association away from a local authority and tenant based Board and towards a skills based Board and require the consent of the Council to the proposal.  Under the proposal, there would not be a dedicated, automatic local authority designated position on the Board going forward, but if there are Councillors or residents who have the relevant skills and experience, V2C would be keen to appoint them on that skills basis. 

The Chief Executive informed Cabinet that as part of the proposal to change the governance structure, V2C will deliver an annual presentation to Council which sets out its work; will engage in an annual discussion with the Scrutiny process and attend quarterly strategic meetings with the Council.

The Cabinet Member Wellbeing and Future Generations commented that the proposal by V2C was consistent with the approach taken by many Welsh Housing Associations in adopting the set of model rules of Community Housing Cymru.  She stated that the commitments made to the Council in changing the Memorandum and Articles of Association to reporting annually to Council and to the Scrutiny process could address the concerns of Members and result in more accountability.  The Cabinet Member Education and Regeneration hoped that the revised Memorandum and Articles of Association will deal with the concerns of tenants and improve the standing of V2C.  The Leader was encouraged by the commitments made by V2C to report annually to Council and the Scrutiny process and to meet with senior leadership and the Cabinet Member.        

The Head of Legal and Regulatory Services informed Cabinet that the Council had to give written consent to the proposal, it would not be deemed reasonable for it to be withheld, as the Welsh Government could compel the Council into granting consent. 

RESOLVED:               That Cabinet:

(1)    Considered and not object to the proposal from V2C to move to a skills based membership;

On the basis of (1) above, delegated authority to the Chief Executive to provide written consent and to enter into any other necessary arrangements with V2C to support the adoption of a skills based Board.                   

The Head of Operations – Community Services presented an update on work to develop a Valleys Regional Park (VRP) and sought approval to accept the invitation from Welsh Government for Bridgend County Borough Council (BCBC) to act as host for the programme team and enter into appropriate financial and legal agreements with Welsh Government and the Local Authorities that form the Valleys Regional Park.  He stated that the Council will work with public, private and third sector organisations involved across the 10 Local Authority areas of the Cardiff Capital Region along with Swansea, Neath Port Talbot and potentially other authorities at a later date to develop and deliver the next phase of the Valleys Regional Park as set out in the Valleys Regional Park Prospectus. 

He reported that the Valleys Regional Park had been developed through the Welsh Government Ministerial Taskforce in partnership with the Valleys local authorities, its aim is to maximise the social, economic and environmental potential of the valleys’ natural, cultural and heritage assets. He stated that the Welsh Government is seeking a host organisation in line with the host’s policies and procedures, from August 2019 to March 2021.  The delivery of the VRP will be based on a partnership approach and overseen by a Board made up of the Leaders of the partner authorities based on the approach to regional working developed through the Cardiff Capital Region.  An operational group, to be called the VRP forum, will operate below the Board level involving officers from the VRP partners and other key stakeholders to oversee the operational aspects of the VRP.  The Council will enter into a funding agreement with the Welsh Government. 

He reported that in addition to the post of VRP Strategic & Operational lead which will remain as a Welsh Government employee, but hosted by the Council, 4 posts will be advertised and offered on a secondment basis only.  He stated that the Welsh Government had stated that the VRP at this stage will be focused on developing the structures and partnership working with its intention being a long term commitment.  The Welsh Government has also proposed that the Valleys Taskforce team are involved in the revision of the VRP delivery plan, with the revised plan being presented for approval for inclusion in the revised version of the taskforce plan to be published in November 2019.  This will require the new plan to be drafted by early October. 

The Leader in supporting the proposals commented that this was a sign of confidence in the Council by the Welsh Government. 

RESOLVED:               That Cabinet:              

(1)        Noted progress to date in developing the VRP;

(2)    Accepted the invitation to host the VRP delivery team resource;

Delegated authority to the Chief Executive, in consultation with the Section 151 Officer and the Head of Legal and Regulatory Services, to enter into any appropriate funding and legal agreements necessary to fulfil its role as host to the VRP delivery team. 

The Head of Operations – Community Services reported that the Council was selected as a demonstrator for the Smart Systems Heat (SSH) Programme in October 2014, with the Caerau Mine Water Heat project proposed as one of the demonstrator projects for the programme.  He stated that the project is highly innovative and proposed to extract heat from water contained within flooded former coal mine workings to provide a resource for properties within Caerau.  The mine water will have heat extracted and transferred to a clean water circuit.  This water would be transported via a network of pipes to local energy centres where the temperature would be boosted to the required temperature by ground source heat pumps and then circulated to the residents’ houses.

He reported that a successful application was made to WEFO for grant funding, with a formal grant offer of £6,498,943 made.  However following the findings of survey work and structural changes within the Council, there was a need to submit revised proposals to WEFO in July 2019, subject to the approval of the Section 151 Officer.  WEFO will undertake an assessment of the revised proposals and if approved, issue a revised funding letter.  He stated that if any of the proposed changes or revised terms and conditions are considered unacceptable, officers will consider the implications and associated risks and escalate as required.  Legal and financial approval shall also be sought.  Acceptance of the above revisions and agreement of revised funding offer will ensure a shared understanding of the project based on current information between the Council, WEFO and key stakeholders.  He outlined the decision gates along with the estimated dates of when they may occur, together with the proposed project outputs and outcomes. 

The Head of Operations – Community Services informed Cabinet that the project is overseen internally by a Project Internal Governance Board, supported by an external Stakeholder Group.  He outlined the original funding profile for the project, together with the match funding for the proposed revised profile, which would increase the funding offer from £6,498,943 to £7,287,000.

The Cabinet Member Communities commended the proposal which was integral to the Local Area Energy Strategy and Smart Energy Plan and is an exemplar project in Wales.  The Cabinet Member Social Services and Early Help commented on the need to ensure that a number of households were on board and that there was community engagement.  The Head of Operations – Community Services confirmed there will be a dedicated resource for community engagement and the project would in part, be funded by the number of households which had signed up.  The Cabinet Member Communities confirmed that public meetings will be held at Maesteg Town Hall.  The Leader was heartened to see the work being done in primary schools in order that the next generation see the benefits of sustainable heat and that a new use was being found for former mines.

RESOLVED:               That Cabinet:                                      

(1)   Noted the progress to date of the Caerau Mine Water Heat Project;

(2) Delegated  ...  view the full minutes text for item 387.

The Head of Operations – Community Services sought approval to implement the recommendations of the Community Asset Transfer (CAT) Task and Finish Group designed to ensure that CAT Priority 1 asset transfers can be progressed more efficiently and effectively and to also approve the associated changes to the Community Asset Transfer policy; and the list of CAT Priority 1 Assets available for long-term lease or short-term management agreement.

The Head of Operations – Community Services informed Cabinet that community asset transfer had traditionally been undertaken in line with the Asset Management Plan 2021: Community Asset Transfer Guidance Document and 3 priorities had been determined.  The Council issued in 2015, updated guidance on Community Asset Transfer, based on the Best Practice Guide issued by the Welsh Government, which established clear roles and responsibilities for a four stage process.  A Community Asset Transfer Steering Group has responsibility for approving expressions of interests, business cases, support and funding by ensuring that any proposed community asset transfer meets the Council’s strategic priorities, operational requirements and future direction.  Approval to dispose of Council assets including community asset transfers has been delegated to the Strategic Asset Management and Investment Manager, with more complex and contentious disposals authorised by the Corporate Director Communities or reported to Cabinet for approval.  To date, three projects have been allocated funding from the CAT fund. 

The Head of Operations – Community Services reported that the CAT Task & Finish Group which had been established had considered the approaches adopted by other local authorities to community transfer, particularly the approaches adopted by Carmarthenshire and Neath Port Talbot Councils.  The Task and Finish Group had recommended that the priority of assets for community asset transfer be refined so that savings under the MTFS can be prioritised accordingly.  Changes had also been recommended to the Community asset transfer Policy to take account of the following changes recommended by the Task and Finish Group:

• Revised CAT Asset Priorities;
• Adoption of a risk based approach to the assessment of community groups and assets;
• Introduction of “fast tracking” of CAT applications;
• More emphasis on a Business Diagnostic Assessment being undertaken on each community group;
• Reduced requirement for detailed business plans being a mandatory requirement for community groups and assets deemed suitable for “fast tracking”.

The Head of Operations – Community Services summarised the recommendations of the Task and Finish Group.

·        A List of Assets available for community asset transfer should be maintained and periodically reviewed and updated;

·       Asset data (compliance, condition survey and operating costs) should be issued to community groups at the earliest opportunity;

·       Model Heads of Terms and template Leases for particular asset groups should be utilised wherever possible with a “take it or leave it” approach being adopted;

·       The submission of income and expenditure projections for a minimum of a 5-year period should suffice for the majority of community asset transfers but detailed business plans should still be requested for complex projects;

·       A risk based approach should be adopted for the Business Diagnostic Assessment undertaken  ...  view the full minutes text for item 388.

The Chief Executive sought approval for the Council to sign the TUC’s Dying to Work Charter.

He stated that the Dying to Work campaign would like to see terminal illness recognised as a ‘protected characteristic’ so that an employee with a terminal illness would be entitled to a ‘protected period’ where they could not be dismissed as a result of their condition.  The TUC are encouraging employers to make a commitment towards this campaign by signing the Dying to Work Charter and agreeing not to dismiss any employee diagnosed with a terminal condition.  He informed Cabinet that Council employees who have a terminal illness are treated with dignity and respect and their individual wishes are of paramount importance.  He outlined the commitments the Council will agree to, in order to meet the requirements

of the charter.

The Cabinet Member Social Services and Early Help recognised the importance to staff in the Council signing up to the charter and which would give piece of mind to staff.

RESOLVED:               That Cabinet agreed to sign up to the Dying to Work Charter.          

The Interim Head of Finance reported on an update on the Council’s financial position as at 30 June 2019 and virements over £100,000 which need approval by Council as required by the Council’s Financial Procedure Rules. 

The Interim Head of Finance Officer also reported that on 20 February 2019, Council approved a net revenue budget of £270.809 million for 2019-20, along with a capital programme for the year of £36.1576 million.  Council had also approved a new Capital Strategy, which demonstrated that the authority takes capital expenditure and investment decisions in line with service objectives and properly takes account of stewardship, value for money, prudence, sustainability and affordability.  She explained that the overall projected position at 30 June 2019 was a net overspend of £264,000, comprising a £763,000 net over spend on directorates and a £499,000 net under spend on corporate budgets.  Since the approval of the MTFS in February, the Welsh Government had made additional grant available to local authorities in 2019-20 to meet the increased cost of teachers’ and fire service pensions, along with £343,701 towards teachers’ pay increases.  She stated that the total funding released from this allocation is £2.622 million, which Cabinet had proposed would be used to undertake capital works as part of an ‘Investing in Communities Fund’. 

The Interim Head of Finance highlighted the main budget virements and technical adjustments made between budgets.  She explained that given the large scale reductions on Council wide budgets in previous years and the significant pay and price pressures placed on these budgets and the still unknown pay increase for teachers from September 2019, there was a risk sufficient funding would not be available within these budgets to meet any unexpected major price inflation increases.  She also stated that the net budget for the financial year had been set assuming a budget reduction requirement of £7.621M.  It had also been identified that the MTFS for 2019-20 to 2022-232 identified the need to develop recurrent budget reduction proposals, based on the most likely scenario of £35.2M. 

The Interim Head of Finance reported on the monitoring of budget reduction proposals, where £2.342M of budget reduction proposals in 2018-19 were not met in full, with an outstanding balance to be met of £1.519M.  Of the outstanding reductions, £1.795M are likely to be achieved in 2019-20, leaving a shortfall of £547,000.  Budget reduction proposals in 2019-20 of £7.621M were approved, there is a current shortfall on the savings target of £1.433M.  She presented a summary of the financial position as at 30 June 2019 for each main service area, highlighting the most significant variances. 

The Leader commented that the Council will face a great deal of uncertainty in being able to set the budget, as the Council may not know its budget until March 2020, after the UK and Welsh Governments had set their budgets.

RESOLVED:             That Cabinet:  

·          Noted the projected revenue position for 2019-20;

·            Recommended that Council approve the virements over £100,000 as outlined in paragraph 4.1.4 of the report.                       

The Interim Head of Finance presented a report in compliance with the requirement of the Chartered Institute of Public Finance and Accountancy’s (CIPFA) Prudential Code for Capital Finance 2018, provided an update on the Capital Programme from 1 April to 30 June 2019; sought agreement to report to Council for the approval of a revised capital programme for 2019-20 to 2028-29 and to note the projected Prudential and Other Indicators for 2019-20.

The Interim Head of Finance reported that Council on 20 February 2018 approved a capital programme covering the period 2019-20 to 2028-29 as part of the Medium Term Financial Strategy.  Since then, there have been schemes that have slipped from 2018-19 and additional schemes requiring approval as a result of additional sources of funding.  The monitoring of capital expenditure had previously been included within the Financial Performance Quarterly Monitoring Reports to Cabinet and the monitoring of the Prudential Indicators had been included within the Treasury Management Quarterly Monitoring Reports to Cabinet.  With the development of the Capital Strategy 2019-20, both the Capital Programme and the Capital Strategy and the Prudential Indicators had been incorporated into one report. 

The Interim Head of Finance reported on the monitoring of the revised capital programme for 2019-20 which totalled £54.471M, of which £36.665M is met from within the Council’s resources, with the remaining £17.806M coming from external resources.  She provided details of the individual schemes within the capital programme, which showed the budget available compared to the projected spend.  One scheme, namely junction improvements at Heol Mostyn, Pyle will slip into 2020-21 and there would also be re-profiling of Maesteg Town Hall.  In addition, new externally funded schemes had been incorporated into the capital programme, namely, Welsh Medium Childcare Provision; Schools Maintenance Grant and ICT Grant; Transport Grant and Highways Refurbishment Grant and Coychurch Crematorium.  She detailed the new schemes funded by the Council to be included in the capital programme, since the approval of the programme in February, namely, Data Centre; Heol Mostyn Junction, Pyle; Evergreen Hall and Investing in Communities.  She stated that a number of schemes within the Capital Programme are awaiting confirmation of external funding and once known, it may result in some schemes being re-profiled.        

The Interim Head of Finance reported that the Council approved in February 2019 the Capital Strategy for 2019-20, which included the Prudential Indicators, together with some local indicators.  She stated that the capital strategy is intended to give an overview of how capital expenditure, capital financing and treasury management activity contribute to the provision of services along with an overview of how associated risk is managed and the implications for future sustainability.  To this end, a number of prudential indicators were included and approved by Council.  The Chief Finance Officer is required to establish procedures to monitor both performance against all forward-looking prudential indicators and the requirement specified. 

The Interim Head of Finance also reported on the monitoring of the Capital Strategy which requires the monitoring of non-treasury management investments and other  ...  view the full minutes text for item 391.

The Interim Head of Finance sought approval of the Grants Financial Management Policy.

She reported that the Council has in place a Grants Policy as approved by Cabinet in March 2016, however, as a result of changes in the organisational structure, the number and type of grants being received and the disbandment of Programme Management Board, the Policy requires updating.  The policy has been updated to reflect recommendations from Wales Audit Office reports, including their Certification of Grants report.

The Leader requested that once the policy has been implemented, all members of staff be reminded of the need to abide by the Grants Financial Management Policy and that training in the implementation of the policy be made available to staff.   

RESOLVED:            That Cabinet approved the Grants Financial Management Policy and the list of authorised signatories.

The Head of Education and Early Help reported on the outcome of the options appraisal process for the delivery of Welsh-medium childcare provision in the Bettws and Ogmore Valley areas and sought approval to proceed with the options for the delivery of childcare provision, as recommended by the School Modernisation Strategic Programme Board.

The Head of Education and Early Help informed Cabinet that the authority had secured £2.6M of Welsh Government capital grant for the development of Welsh-medium childcare provision in four geographical areas of the county borough.  The Bettws and Ogmore Valley projects being scheduled for completion first, in order to support pupil admission to the relocated Ysgol Gynradd Gymraeg (YGG) Calon y Cymoedd. 

The Head of Education and Early Help reported that a Welsh-medium steering group, comprising of officers and key stakeholders was established in order to help inform each project, develop business plans and aid the future sustainability of provision post construction.  A project team was formed to conduct site visits and score each site identified for provision.  The Head of Education and Early Help presented the results of the appraisal of each of the sites which had been identified in Bettws and the Ogmore Valley.

The Cabinet Member Wellbeing and Future Generations commented that the site identified in the Ogmore Valley, namely the site adjacent to Nantymoel Boys and Girls Club was located at the top of the valley and parents would have to travel in the opposite direction to natural traffic flows to take their children for childcare provision and then travel back down the valley to work.  The Cabinet Member Wellbeing and Future Generations proposed an amendment which was duly seconded and carried that the site adjacent to Nantymoel Boys and Girls Club not be proceeded with and the site at Isfryn Industrial Estate – new build be developed for new childcare provision due to the site being on route to natural traffic flows within the Ogmore Valley.   

RESOLVED:            That Cabinet:

(1)        considered the outcome of the option appraisals for both sites;

(2)    determined to proceed with the Bettws area, revised Option 6, as recommended by the Board and develop the new childcare provision on the site of the existing Bettws Boys and Girls Club building (as detailed in paragraph 4.18 of the report;

(3)    determined not to proceed with the recommendation by the Board to develop Option 1, the site adjacent to Nantymoel Boys and Girls Club in the Ogmore Valley area and instead develop Option 2 Isfryn Industrial Estate – new build for new childcare provision due to the site being on route to natural traffic flows within the Ogmore Valley.        

The Head of Education and Early Help sought approval to commence a public consultation on proposed changes to the authority’s Home to School / College Transport Policy. 

The Head of Education and early Help informed Cabinet that the authority has a statutory duty under the Learner Travel (Wales) Measure 2008 to make suitable transport arrangements to facilitate the attendance of children each day at the relevant places where they receive their education or training.  This is primarily achieved via the contracting of transport services from the private sector.  Eligibility for pupils to be in receipt of free home-to-school transport is governed by the local authority’s Home to School/College Transport Policy.

The Head of Education and Early Help reported on the MTFS savings and budget growth made against the learner transport budget since 2014-15.  Although significant savings had been made, changes in demographics and demand have meant that additional budget growth has been necessary to support the learner transport budget.  It was proposed that a new full 12-week consultation be undertaken for further amendments to the local authority’s Home to School/College Transport Policy commence in September 2019.  She set out the legislative context which would be taken into consideration during the consultation.

The Head of Education and Early Help reported that the discretionary arrangements within the current policy were unsustainable and although a significant budget reduction of £1.7794M had been applied to the learner transport budget to support the MTFS, the change of policy approved Cabinet in 2015 had not delivered significant enough savings to support this large budget reduction.  It was recommended that Cabinet consider revisiting the discretionary elements of the Home to School / College Transport Policy to support the projected over spend of £761,000 as at Quarter 1 in 2019-20 and to help address the ongoing pressure against the learner transport budget from increasing statutory eligibility.  The main aim of the consultation will be public engagement, in particular, pupils and their immediate families to ascertain their views on the proposed changes.  She identified the discretionary elements and the potential savings being put forward for learner travel. 

The Cabinet Member Education and Regeneration commented that permission was being sought to consult on the proposals highlighted in the report and he hoped the Welsh Government would fund post 16 transport.

RESOLVED:                That Cabinet approved a 12-week consultation on the following proposals:

·       removal of escorts from all taxis and minibuses (excluding those transporting pupils with special education need) of less than 8 passengers;

·       withdrawal of transport for all learners benefitting from an identified and available (safe) routes to school in line with statutory distances of 2 miles for primary school-age pupils and 3 miles for secondary school-age pupils;

·       removal of ‘sibling’ and ‘in receipt’ protection for pupils;

·       removal from the local authority’s Home to School/College Transport Policy of specific examples of the special circumstances where the local authority will provide discretionary transport;

·       removal of all transport for nursery pupils; and

·       removal of all post-16 transport.            

The Corporate Director Social Services and Wellbeing reported on proposals for the relocation of the Library service from the T?’r Ardd premises and also the need to plan for the longer term in regard to mobile Library services and develop new approaches to sustain the provision of Library services including co-location opportunities as identified within the medium term financial strategy.

The Corporate Director Social Services and Wellbeing informed Cabinet that the MTFS identifies further savings from library and cultural facilities and related services, including reviewing the number of facilities (libraries, community centres) and also reductions in services or opening hours.  She stated that some of the £150,000 savings identified between 2019–2021 have been found, there remained a shortfall of £70,000 which needed to be identified. 

The Corporate Director Social Services and Wellbeing reported that a number of imminent decisions were required to sustain an efficient and effective approach to Library services operation.  An interim relocation of the Local and Family History was required due to the planned closure of the T?’r Ardd building to release a capital receipt.  She stated that the facility attracts 6,000 visits per annum and there were 3,500 bookings for ICT sessions at the site in 2018.  Discussions had taken place with Awen to identify a suitable and cost effective location, with “Y Llynfi Library” at Maesteg Sports Centre being identified.  The facilities had sufficient space to support an interim service and an ICT suite is also in existence.  Following the redevelopment of Maesteg Town hall, it was planned to co-locate the local and family history service within the new facilities to support long term sustainability of library and cultural services. 

The Corporate Director Social Services and Wellbeing also reported on proposals to support the longer term sustainability of mobile library services.  She stated that Awen currently operate two approaches to mobile Library service provision, namely the large mobile Library vehicle which operates 10 routes, supporting 361 individuals every 3 weeks and the ‘Booklink’ service supporting 282 customers who are housebound with visits every 5 weeks.  The current larger mobile library vehicle is 11 years old, experiencing periodic failures and a replacement would cost in the region of £120,000.  Awen have identified a crossover of users and opportunities for a more flexible and innovative approach and propose an increase in the number and range of mobile library services with smaller vehicles.  This would be at Awen’s cost.  The proposal would see a standardised 5 week timetable established as per the current Booklink scheme with existing mobile Library users transferred to the new service. 

The Corporate Director Social Services and Wellbeing also reported that the MTFS had identified the need to reduce the management fee payable to Awen by £150,000 between 2019 and 2021 based on reviewing the number of libraries and also reductions in services or opening hours.  She highlighted examples of where a co-located approach to services had been cost effective.  Work was in progress for the co-location of Library facilities within the  ...  view the full minutes text for item 395.

The Head of Legal and Regulatory Services sought approval for items to be included on the Forward Work Programme (FWP) for the period 1 October to 31 January 2020.

RESOLVED:               (1)   That Cabinet approved the Cabinet Forward Work Programme for the period 1 October 2019 to 31 January 2020, as shown at Appendix 1 to the report, and

                                    (2)   Noted the Council and Scrutiny Forward Work Programmes as shown at Appendix 2 and 3 to the report, respectively. 

The Head of Legal and Regulatory Services reported on the following information report which had been published since the last meeting of Cabinet:

Treasury Management – Quarter 1 2019-20

RESOLVED:            That Cabinet acknowledged the publication of the document listed in the 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.