Agenda and minutes

Cabinet - Tuesday, 4th October, 2016 14:30

Venue: Committee Rooms 1/2/3, Civic Offices Angel Street Bridgend CF31 4WB. View directions

Contact: Mr Mark Anthony Galvin 

Items
No. Item

982.

Apologies for Absence

To receive apologies for absence from Members.

Minutes:

None.

983.

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.

984.

Approval of Minutes pdf icon PDF 97 KB

To receive for approval the Minutes of a meeting of the Cabinet dated 6 September 2016

Minutes:

RESOLVED:          That the minutes of the meeting of Cabinet of 6 September 2016 be approved as a true and accurate record.

985.

Annual Report 2015-16 pdf icon PDF 71 KB

The purpose of this report is for Cabinet to consider the Annual Report 2015-16, which consists of Appendix A and Appendix B (attached to the report) and recommend it to Council for approval.

 

Additional documents:

Minutes:

The Chief Executive presented the Annual Report 2015-16, which evaluated the Council’s performance against the priorities set in the Corporate Plan 2013-17.  It also reiterated the Council’s Improvement Objectives for 2016-17.  He reported that the Annual Report was prepared in order to meet the requirements of the Local Government (Wales) Measure 2009, which summarised how well the Council is progressing in these priorities in 2015-16.  He stated that the Council had carried out to completion 44 (76%) of its 58 commitments, missing only marginally in a further 12 (20%) and mostly missed planned improvements in just 2 (4%).  Of the 76 indicators identified for the Corporate Plan, 75 had data available with 51 (68%) meeting their target, 10 (13%) missed the target by more than expected.  He informed Council that it had successfully managed both revenue and capital budgets and achieved the savings target. 

 

The Chief Executive informed Council that the Annual Report also evaluates the Council’s performance against the 41 national indicators.  Comparative data was available for 39 of the indicators and of those indicators, 28 (70%) showed improvement on the previous year compared with 65% improvement nationally. This made the Council the second most improved local authority in Wales.  He stated that 24 of the Council’s 40 nationally comparable indicators for the year are ranked in the top half when measured against other local authorities, making the Council the joint best fifth in Wales. 

   

The Deputy Leader in commending the Annual Report congratulated all staff for contributing to the progress the Council continues to make in its performance.

 

RESOLVED:          That Cabinet considered the Annual Report 2015-16 and recommended it to Council for approval.    

986.

Maesteg Town Hall pdf icon PDF 91 KB

The purpose of this report is to seek Cabinet approval to commence development and delivery work to secure the regeneration of Maesteg Town Hall.

Minutes:

The Corporate Director Communities sought approval to commence development and delivery work to secure the regeneration of Maesteg Town Hall.  He stated that the town centre of Maesteg has been the centre of the Council’s Regeneration Programme for a number of years, undertaken in several phases and delivering transformational change to the public realm in the primary retail area.  He stated that the last phase, termed Phase IV completed in 2014, included the redevelopment of the outdoor market, the creation of a ‘civic square’ outdoor stage and improvement of the bus station. 

 

The Corporate Director Communities informed Cabinet that Maesteg Town Hall directly links with the civic square and bus station and is one of the County Borough’s most significant historic buildings, and the principal public building in the Llynfi Valley.  He stated that recent decades had seen a steady decline in the condition and consequently in the utility and sustainability of the Hall.  He informed Cabinet that since the completion of Phase IV there had been an ambition to secure investment in the Town Hall to complete the regeneration of the retail core.  An outline feasibility study was commissioned, to identify the issues and potential development opportunities and to support any future funding bids.  An Expression of Interest (EOI) was submitted in 2015 for funding from the Buildings for the Future Programme to regenerate the building thereby creating a ‘cultural hub’ by improving performance facilities, developing new modern fit for purpose library provision for the town, including a state-of-the-art children’s library, and delivering an inspiring and inclusive, creative community space.  He stated the new library would be an additional attraction and anchor for the town centre, stimulating increased visitor numbers and footfall to the retail core. The combined footfall of the two existing libraries at North’s Lane and Maesteg Sports Centre, 45,000 visits per annum, would be redirected to the town centre, in addition to the visitor numbers achieved as a result of enhanced facilities.  The EOI was scored and prioritised for funding, however the uncertainty of future European funding as a result of the outcome of the referendum had put the project at risk and there was a need to accelerate the scheme for completion by the end of 2018.       

 

The Corporate Director Communities reported that the proposed scheme offers an opportunity to create a high profile statement project representing the Council’s regeneration of Maesteg and work to develop the proposal was currently underway for completion by the end of the year in line with the project timetable for the Buildings for the Future Programme.  He stated that the preferred design solution may cost in the range of £4-5m.  Detailed costs would only be available once future architectural design stages have been completed.  He outlined the key design considerations of the scheme which will require significant remodeling of current inaccessible and confused entry and circulation arrangements.  It was proposed for operational, design and financial sustainability reasons, that the current market stall provision within the building is not  ...  view the full minutes text for item 986.

987.

Children with Disabilities Transformation Programme pdf icon PDF 94 KB

To inform Cabinet of the work that has been undertaken as part of the Children with Disabilities Transformation programme, and to request approval to implement the proposals and new models for specialist 52-week provision for children and young people with complex needs, and overnight short breaks services for children with disabilities.

 

 

Additional documents:

Minutes:

The Corporate Director Social Services and Wellbeing informed Cabinet of the work undertaken as part of the Children with Disabilities Transformation programme and sought approval to implement the proposals and new models for specialist 52 week provision for children and young people with complex needs and overnight short breaks services for children with disabilities.

 

The Corporate Director Social Services and Wellbeing reported that the Council aimed for children and young people to remain within their local community with family and friends as there is no specialist 52 week provision available in county for children and young people with complex needs at present.  She stated that when the needs, complexities and challenges of a young person escalate, and the family struggle to cope and a 52-week accommodation service is required, the only option currently available is an Out of County placement, which is costly.  The Corporate Director Social Services and Wellbeing informed Cabinet that there is demand for specialist 52-week provision for children with disabilities locally, it had been identified that they could have been placed and educated in-county, if there was specialist 52-week provision available in Bridgend.  A number of workshops and discussions had been held to scope options and opportunities to facilitate 52 week provision in county and 3 potential models had been considered.  The Children with Disabilities Programme Board having considered the findings of the potential models agreed to look into the feasibility and viability of refurbishing and utilising buildings at Heronsbridge School, namely Model 3 with the Council providing the service and Cabinet approval was therefore sought to implement this model.

 

The Corporate Director Social Services and Wellbeing also reported that Short breaks for Children with Disabilities are currently provided through a combination of services, including Bakers Way, Family Link (disabled respite foster carer service) and Direct Payments.  This service was reviewed in 2015/15 which foundthat the existing model is a high-cost, traditional model that provides limited flexibility for young people and their families, and in light of the requirements of the Medium Term Financial Strategy, it was opportune for the Council to consider alternative models for short breaks, in particular the service provided at Baker’s Way.  Early engagement sessions took place with staff and stakeholders to inform the development of an options appraisal for short breaks children with disabilities, followed by public consultation.  In response to this, officers had developed a new model for overnight short breaks at Baker’s Way and approval was sought to implement the new model. 

 

The Corporate Director Social Services and Wellbeing reported on the financial implications of the development of the specialist 52 week provision for children and young people with complex needs which would contribute towards savings targets within the MTFS totalling £617k.  The remodelling of the overnight short breaks service at Baker’s Way would contribute £400k towards the MTFS savings target.

 

The Cabinet Member Children’s Social Services and Equalities in commending the proposals commented that moving to 52 week provision at Heronsbridge will benefit families greatly and avoiding  ...  view the full minutes text for item 987.

988.

Capital Programme 2016-17 to 2015-26 pdf icon PDF 73 KB

The purpose of this report is to update Cabinet on the current capital programme and to seek approval to present a report to Council for a revised capital programme for 2016-17 to 2025-26.

 

Additional documents:

Minutes:

The Chief Executive reported on the current capital programme and sought approval to present a report to Council for a revised capital programme for 2016-17 to 2025-26. 

 

He reported that Council in March 2016 approved a capital programme for 2015-16 to 2025-26 of £163.774m as part of the Medium Term Financial Strategy (MTFS). This was amended in May and July 2016 to reflect funding changes to some schemes, slippage from 2015-16, additional external funding approvals and new capital investment requirements identified.   following a rigorous appraisal process of new risks and priorities against funding availability.

 

The Chief Executive reported on revisions which were required to be made to the capital programme on the following schemes:

 

·         Pencoed Primary School

·         Garw Valley South Primary School

·         Multi-Purpose Hub at Coleg Cymunedol y Dderwen

·         Community Route between Pencoed and Heol y Cyw

·         Land at Aberfield Playing Fields

 

He stated that a revised capital programme allowing for the inclusion of the additional schemes, along with additional external funding approvals and changes to expenditure profiles since the programme approved in July 2016 and that the main variations and new approvals include:

 

·         Budgets for a number of schemes within the 21st Century Schools programme have moved into 2017-18 following receipt of updated spend profiles from cost consultants. This includes Garw Valley South, Brynmenyn Primary and Pencoed Primary.

·         New transport grant approval (£1.947 million) for schemes on the A48/A473 Link Road, safe routes to schools and the Metro National Cycle Network.

·         Inclusion of £297,000 in respect of the construction of a car park in Brackla, as part of the first phase of the Park and Ride scheme, following planning approval in July 2016, funded from S106 contributions.

·         Provision of £500,000 for replacement of fleet vehicles, funded from prudential borrowing.

·         The release of an additional £30,000 from within the VVP programme, to maximise the allocation of Welsh Government grant, following realignment of funding across financial years.

 

RESOLVED:            That Cabinet approved that the revised Capital Programme be submitted to Council for approval. 

989.

School Modernisation - Pencoed Primary, Invitation to Tender and Contract Award pdf icon PDF 84 KB

The purpose of this report is to obtain approval to invite tenders for the construction of the new Pencoed Primary School;            delegate authority to the Corporate Director, Education and Family Support to award a contract to the bidder submitting the most economically advantageous tender for the construction of the new Pencoed Primary School, subject to the tender price being acceptable to the S151 Officer and receipt of Welsh Government funding approval. Also delegate authority to the Corporate Director, Education and Family Support to enter into a construction contract with the successful tenderer and any relevant ancillary agreements in consultation with the Director of Operational  and Partnership Services and arrange for execution of the same on behalf of the Council, and note that an information report will be presented to Cabinet in due course, advising of the outcome of the tender process.

 

 

Minutes:

The Corporate Director Education and Family Support reported that Cabinet at its meeting on 6 September 2016 approved the proposal to make a regulated alteration to Pencoed Primary School by relocating the school, including the Heol y Cyw campus, to a new build school on the site of Pencoed Primary School playing fields at Penprysg Road, Pencoed with effect from 1st April 2018.  The tender process for the South East Wales Schools Capital Procurement Framework (SEWSCAP) was undertaken and administered by Rhondda Cynon Taff County Borough Council, in conjunction with Capita Glamorgan.  She stated that as the value of the contract will be above £5m, Cabinet was required both to invite tenders and to award a contract, following the procurement process, to the most economically advantageous tender, in accordance with the Council’s Scheme of Delegation. 

 

The Corporate Director Education and Family Support reported that the timetable for the scheme’s procurement process will result in the contract having to be awarded after 30th November 2016 (when the tender exercise will complete) but early enough in December 2016 for contractor mobilisation to have occurred ready for a January 2017 start on site. She stated there were no Cabinet meetings scheduled which would facilitate the submission of a separate report detailing the outcome of the tender process and seeking permission to award the contract, in time to meet these scheme critical milestone dates. 

 

The Corporate Director Education and Family Support reported that the  anticipated cost of the proposed new Pencoed Primary School will be funded by the Council and Welsh Government under the 21st Century Schools Programme for which the Authority has received Welsh Government ‘approval in principle’, with the current budget for the scheme in the Capital Programme of £8.8m.  However the total scheme cost is likely to exceed that amount due to site abnormals which would increase the total estimated budget required for the scheme to £11.1m.  The Corporate Director Education and Family Support informed Cabinet that Some highways works are expected to be required to ensure safe access to the new school estimated to cost £300k which is included as a separate scheme within the capital programme.

 

The Deputy Leader commented that it was imperative that delegated authority measures are put in place to ensure funding for the scheme is not lost.   

 

RESOLVED:           That Cabinet:

 

1)     Authorised the invitation of tenders for the construction of the new Pencoed Primary School;

 

2)     Delegated authority to the Corporate Director, Education and Family Support to award the Contract to the bidder submitting the most economically advantageous tender, subject to the tender price being acceptable to the S151 Officer, and subject to receipt of Welsh Government funding approval.

 

3)     Subject to the Contract being awarded in accordance with paragraph 8.1.2 of the report, delegated authority to the Corporate Director, Education and Family Support to enter into a construction Contract with any relevant ancillary agreements thereto, in consultation with the Director of Operational and Partnership Services, and arrange for execution of the same on  ...  view the full minutes text for item 989.

990.

Appointment of Local Authority Governors pdf icon PDF 210 KB

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.

 

 

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 listed. 

991.

School Modernisation Programme: Proposed Enlargement of Afon Y Felin Primary School pdf icon PDF 67 KB

This report is to seek approval from Cabinet to consult on the proposal to make a regulated alteration to Afon Y Felin Primary School in the form of an enlargement with effect from 1st April 2017.

 

Minutes:

The Corporate Director Education and Family Support sought approval to consult on the proposal to make a regulated alteration Afon Y Felin Primary School in the form of an enlargement with effect from 1 April 2017.

 

The Corporate Director Education and Family Support reported that prior to the commencement of this academic year; it had become apparent there would be a significant increase in pupil numbers for 2016/17.  As at September 2016 there were 110 pupils aged 4-11 and 23 nursery aged pupils on roll at the School.  She stated that in order to accommodate the increased pupil numbers and avoid overcrowding it had become necessary for the School to utilise a space within the existing accommodation for teaching purposes, which has resulted in an increase to the capacity.  This change has been implemented on a temporary basis in this academic year and there was a need to formalise this temporary arrangement on order to meet potential future demand from the area. 

   

The Corporate Director Education and Family Support reported that the capacity of the school five years prior to the date of the proposed implementation i.e. 2011/12 was 96. The re-designation of spaces at the school will result in the capacity increasing to 131 which is greater than 25% of the capacity as at 2011/12.  As a result, the published admission number in respect of pupils admitted into reception will increase from 15 to 18.  This would necessitate a regulated alteration to enlarge the school requiring a consultation exercise to be carried out with the governing body, staff, parents, pupils and interested parties.  Following a 6 week period of consultation, a a further report on the outcome of the consultation would be submitted to Cabinet to consider the result of that process. Cabinet would then need to decide whether to authorise the publication of a statutory notice.  If such a notice were issued, it would invite formal objections during the statutory 28 day period.  At the end of the statutory notice period a further report would be submitted to Cabinet on the outcome of the statutory notice process and any objections received.  If there were no objections in response to the public notice, Cabinet would be recommended to make a final decision.  If there were any objections, an objections report containing a formal response would be prepared and submitted to Cabinet.  She stated that Cabinet would need to give consideration to and approve the objections report and also make a final decision on whether or not the proposals should be implemented.

 

RESOLVED:            That Cabinet approved that a consultation exercise be conducted with the governing body, staff, parents, pupils and interested parties on a proposal to make a regulated alteration to increase the capacity of Afon Y Felin Primary School with effect from 1st April 2017. The outcome of the consultation will be reported back to Cabinet.  

992.

Tackling Poverty Priorities 2016-17 pdf icon PDF 84 KB

The purpose of this report is to inform Cabinet of the progress on the alignment of Tackling Poverty Project (Communities First (C1st), Flying Start, Families First and Supporting People. To also seek Cabinet’s approval to delegate the position of Tackling Poverty Officer Champion to the Head of Service - Performance and Partnership Services; delegate authority to the Corporate Director - Operational and Partnership Services, to determine the nature of any   requests for 5% virement of funding between programmes, which is to be submitted to Welsh Government (WG) for approval; and finally seek Cabinet’s approval of the ‘Tackling Poverty Priorities 2016/17’ as set out in Appendix 1 of the report.

 

Additional documents:

Minutes:

The Group Manager Housing and Community Regeneration reported that

in January 2016, the Minister for Communities and Tackling Poverty set out 5 key recommendations to be implemented in 2016.  She stated that the recommendations are intended to make the administration processes behind the programmes simpler, so that they are able to work together and focus on front line delivery.  In addition to the five key recommendations, the Welsh Government has established a project to determine how the four programmes could be simplified, streamlined and where possible integrated in 2016-17.  In response, the Council has established a project team which has developed and populated a Tackling Poverty Intervention Matrix.  

 

The Group Manager Housing and Community Regeneration informed Cabinet that aTackling Poverty Planning Group (TPP Group) which is a multi-agency group had been established.  The key data identified in the Tackling Poverty Intervention Matrix had provided an evidence base which had been reported to the TPP Group which will consider and recommend any requests for virement of funding from 1 October 2016 to 30 November 2016.  She also informed Cabinet that the TPP Group had received an overview of the WG Tackling Poverty Programme Alignment Project and the draft ‘Tackling Poverty Priorities 2016/17’ and has had the opportunity to identify any gaps or priorities.  The TPP Group had received and endorsed the following recommendations:

 

i.      Responding to Welfare Reform

ii.     Counselling and wellbeing services

iii.    Delivering Communities First projects outside of the Communities First areas

iv.   Helping people be more self-reliant

 v.  Pre-intervention – informal early help support and engagement   

 

The Group Manager Housing and Community Regeneration informed Cabinet that the recommendations were reported to and consulted upon at the Tackling Poverty Conference ‘Aligning our actions, increasing our impact’ and she highlighted the feedback from the Conference.  The feedback from the conference together with the key data sets identified in the Tackling Poverty Intervention Matrix have been used to develop the ‘Tackling Poverty Priorities 2016/17’, which is  an overarching strategy for the four submitted WG delivery/commissioning plans. 

 

The Group Manager Housing and Community Regeneration reported on the next steps in that future development would be informed by the assessments being carried out under the Social Services and Well-being (Wales) Act 2014 and the Well-being of Future Generations Act (Wales) 2015.  It will also be dependent on Welsh Government guidance for the four Programmes being available.  She highlighted the key areas which the TPP Group will focus on.

 

The Group Manager Housing and Community Regeneration reported on the financial implications in that the Welsh Government has indicated that any virement of budgets should be considered in the 3rd quarter based on projected underspends across the four programmes.  Requests for slippage must comply with the funding guidance and criteria for that Programme and is subject to WG approval.  She stated that the total grant funding allocation for the four tackling poverty programmes is in excess of £12.5m.  She informed Cabinet that that although WG has indicated the ability  ...  view the full minutes text for item 992.

993.

Regulation of Investigatory Powers Act 2000 pdf icon PDF 60 KB

This report provides details of the current policy under the Regulation and Investigatory Powers Act (RIPA). 

Additional documents:

Minutes:

The Corporate Director Operational and Partnership Services reported that the Regulation of Investigatory Powers Act (RIPA) provides a framework for certain public bodies, including local authorities to use covert surveillance to gather information about individualswithout their knowledge for the purposes of undertaking statutory functions in connection with the prevention and detection of crime. 

 

He informed Cabinet that RIPA activity and authorisations are governed by Codes of Practice and Guidance issued by the Office for Surveillance Commissioners (OSC) and the Home Office.  The current Codes of Practice issued by the OSC, requires that a local authority should review its use of RIPA at least annually and set the policy at least once a year.

 

The Corporate Director Operational and Partnership Services reported that the Council has always been very sparing in its use of RIPA and it had only been used in cases where it was important to obtain information to support potential criminal proceedings, and only where that information cannot be obtained by any other means.  He stated that since the approval of the current policy by Cabinet on 29 April 2014, there had only been four authorisations, all four authorisations were to obtain evidence to support allegations of benefit fraud. 

 

The Corporate Director Operational and Partnership Services reported that overall responsibility lied with himself as the Senior Responsible Officer; a list of designated posts nominated to authorize surveillance activity had been reviewed and updated.  

 

RESOLVED:            That Cabinet noted the report and approved the revised policy. 

994.

Information Reports for Noting pdf icon PDF 57 KB

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

 

Additional documents:

Minutes:

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.

 

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

                               

Title                                        Date Published

 

Annual Treasury                    28 September 2016   

Management  Report

2015/16 

995.

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. 

996.

Councillor MEJ Nott OBE - Leader of the Council

Minutes:

The Leader announced that today’s meeting of Cabinet would be his last meeting as Leader of the Council and he thanked all members of Cabinet for their loyalty and support over the years.  He also thanked Liam Ronan, Communications Manager for the support he had given to him.   

 

The Deputy Leader on behalf of Cabinet and Corporate Management Board paid tribute to the way Councillor Nott had conducted himself as Leader of the Council and his service as WLGA Presiding Officer, a Magistrate and as a Community Councillor.  His service to the people of the County Borough of Bridgend had been recognised Her Majesty the Queen with the award of the OBE.

 

All members of Cabinet thanked the Leader for his guidance, counsel and for his confidence in appointing them to their respective roles.    

 

The Chief Executive on behalf of the Corporate Management Board placed on record their thanks to the Leader for the confidence he had shown in them. 

997.

Exclusion of the Public

The Minutes relating to the following item are not for publication as they contain

exempt information as defined in Paragraph 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 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 contained exempt information as defined in Paragraph 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 Corporate Director Operational and Partnership Services confirmed that one of the items was 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 two items of business contained in the minutes.

 

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.

998.

Approval of Exempt Minutes

To receive for approval the Exempt Minutes of Cabinet dated 6 September 2016

Minutes:

RESOLVED:         That the exempt minutes of the meeting of Cabinet of 6 September 2016 be approved as a true and accurate record.