THE VALE OF GLAMORGAN COUNCIL Council/Council/Minutes, Age… · School in the light of the recent tragic death of 13 year old Hayley Williams. (ii) The Mayor referred to her recent

912

THE VALE OF GLAMORGAN COUNCIL

MINUTES of a meeting of the Vale of Glamorgan Council held at the Civic Offices on 7th December, 2005. Present: Councillor Ms. M.E. Alexander (Mayor); Councillors R.J. Bertin, Mrs. M.E.J. Birch, Ms. R.M. Birch, Ms. L. Burnett, Mrs. J.E. Charles, P. Church, Mrs. C.V.L. Clay, J. Clifford, Miss J. Cole, G.A. Cox, R.F. Curtis, A.D. Dobbinson, S.C. Egan, A.M. Ernest, C.P. Franks, N.J. Gibbs, E. Hacker, A.D. Hampton, Mrs. V.M. Hartrey, M.R. Harvey, N.P. Hodges, H.J.W. James, T.H. Jarvie, G. John, F.T. Johnson, G.C. Kemp, N. Moore, C.L. Osborne, A.G. Powell, Mrs. A.J. Preston, Mrs. M. Randall, A.J. Readman, Mrs. S.I. Sharpe, B.I. Shaw, K.R. Stockdale, J.W. Thomas, W.C. Vaughan, Mrs. M.R. Wilkinson , A,C, Williams, A.J. Williams, C.J. Williams, E.T. Williams and M.R. Wilson. 662 APOLOGIES FOR ABSENCE - These were received from Councillors Mrs. M. Kelly Owen, A.J. Moore and S.T. Wiliam. 663 DECLARATIONS OF INTEREST - The Members whose names appear in the schedule to the minutes declared an interest in the matters indicated against their names. 664 MINUTES - RESOLVED - T H A T the minutes of the meeting held on 12th October, 2005 be approved as a correct record. 665 ANNOUNCEMENTS - (i) The Mayor indicated that she would be conveying the Council’s

condolences to the parents, Head Teacher and pupils of Ashgrove Special School in the light of the recent tragic death of 13 year old Hayley Williams.

(ii) The Mayor referred to her recent attendance, on behalf of the Council, at

the funeral of former Councillor R.G. Thomas. (iii) The Mayor referred to Councillor Mrs. M. Kelly Owen still being in hospital

following her recent illness and confirmed that she would be conveying the Council’s best wishes.

Minutes - Council - JW 05-12-07

913(iv) The Leader referred to work which was already in progress regarding the

awarding of the Freedom of the County Borough to the Welsh Guards. The granting of the Freedom would be in recognition of the Welsh Guards’ gallant and loyal service to Wales, Great Britain as well as recognition of their being based in the Vale of Glamorgan. The event would take place on 16th March, 2006 and Members would be advised of the arrangements in due course.

666 PETITION - The following petition was submitted and passed to the relevant Director: Petition from residents of Western Hill / Vere Street requesting the provision of a safer pedestrian crossing (submitted by Councillor B.I. Shaw). 667 QUESTIONS PURSUANT TO COUNCIL PROCEDURE RULE 8.2 - Due notice had been given of the following questions: 1. Question from Councillor B.I. Shaw DISUSED OLD FIRE STATION, COURT ROAD, BARRY The condition of the above continues to deteriorate. There are fears that children are entering this building. Can the Vale of Glamorgan Council assure me that this building is secure? What does the future hold for this site? Reply by the Leader The old Fire Station has been marketed during recent months by tender. Unfortunately the successful bidder failed to complete the purchase and it has been necessary to re-market the property. With this in mind Officers have recently been seeking quotations from agents to dispose of the property by Auction. It is hoped that this will result in a more expeditious disposal given that exchange of contracts will occur on the drop of the hammer. It is appreciated that the property is in a poor state of repair. However officers are using best endeavours to try to dispose of this surplus property. The property has been boarded up and is secure to the best of officers' knowledge. Supplemental Councillor Shaw asked whether the Leader would consider the possibility of contacting the Welsh Folk Museum, St. Fagans regarding the possible relocation of the disused building at the Museum. The Leader indicated that this possibility could be looked into. However, he reiterated his comments regarding the poor state of repair of the building and referred to the risk of incurring additional expenditure during any period of


914protracted negotiation with a body such as the Welsh Folk Museum which, in itself, might not necessarily result in such a relocation. The issue was further complicated by the fact that the building was listed. Should the Welsh Folk Museum be interested, the matter could be considered but all relevant factors would need to be taken into account. 2. Question from Councillor A.J. Readman REPRESENTATION ON OUTSIDE BODIES Appointments as representatives on outside bodies are, as laid down in the Constitution, entirely in the gift of the Cabinet. In answer to a Written Notice Question on 29th June, 2005, you said you consider the current means of appointing to outside bodies to be fairer than under the last Labour Group administration. Of 123 representative places on outside bodies, 68 are held by Members of the ten strong Conservative Cabinet, 34 by the other ten Members of the Conservative Group, making a total of 102 held by the Conservative Group, 8 by the 16 member Labour Group, 11 by the eight Members Plaid Group and 2 by the three Independents. In view of those figures, what is your understanding of the meaning of 'fairer'? Reply by the Leader The modernisation agenda has changed the way in which Councils work and perform. In particular there is a focus of duties and responsibilities on the Executive performing all those roles not reserved to the Council and its committees. This has meant that Cabinet portfolio members in particular have built up a considerable base of knowledge and experience of the issues for which the Executive is responsible and would be called upon to consider should an issue come before Cabinet for a decision. Indeed, many outside body appointments name the Cabinet member (i.e. portfolio holder) rather than an individual As a result it is felt that the Council’s interests would be best served by those members and other members with whom they work closely and unfair to place such responsibility on other members without such knowledge and experience and which takes them away from their community leadership role. 3. Question from Councillor Mrs. V.M. Hartrey VACANT SHOP PREMISES, DINAS POWYS There has been a vacant Vale-owned shop premises at Camms Corner in Dinas Powys for the past ten months or so. It is a corner property located in an


915otherwise thriving shopping area. It took months for the premises to be cleared of the build up of mail and equipment and the old posters on the windows did nothing to enhance the area. The tenancy was not advertised until an officer post was filled sometime in the Autumn. I understand that there was early interest from several people during the time it was empty but now there has only been one tender submitted in response to the advert. It is probable that it could not be in use until sometime in the New Year. Does the Cabinet Member agree that this is an unacceptable delay in re-letting the premises? Does he agree that it is unacceptable for this to happen just because one officer has left? Surely there is scope within the department responsible to cover such contingencies. What is the loss of revenue to the Council because of the delay? Reply by the Leader I am aware of a previous similar example which occurred in Rhoose and accept that the situation is not appropriate. The vacant property was advertised for let during October and marketed fully until the closing date of 1st December 2005. 18 tender packs were sent out to interested parties. None of the 18 interested parties attended the viewing day. Only 1 tender was received at the end of the marketing period. This tender is currently receiving consideration. The delay in marketing this property is as a result of difficulties in recruiting to the Estates Group. The estimated rental value for a property such as this is circa £3,000 per annum. In order to deal with the issues raised, I intend to review the procedure for dealing with rented commercial property with the Director of Finance, ICT and Property as quickly as possible. I consider it to be in the interests of the community, the shopping area and the Council that any vacant commercial property is turned around as quickly as possible. 4. Question from Councillor M.R. Wilson YOUTH CENTRE When will Penarth receive a dedicated youth centre? Reply by the Cabinet Member for Education and Lifelong Learning The Council continues to support a range of measures to support young people in Penarth, including the Penarth Information Shop, (£50,000)and Byrd Crescent Youth Centre (£40,000).


916 Whilst options to establish a dedicated youth facility in the area continue to be explored, including unsuccessful attempts to secure from the Church in Wales Primary School a building, no suitable building has been identified. The youth service is currently evaluating with other Directorates the potential to adapt existing Council premises into a multi-purpose facility for young people through the Area Renewal Strategy. At this stage, I am not in a position to provide a date when this work will be brought to a successful conclusion. 5. Question from Councillor R.J. Bertin NEW LICENSING LAW ENQUIRIES It has been brought to my attention that when a person calls the Regulatory enquiry desk regarding the new Licensing Act that they cannot be given an immediate reply. Further, more personal details are then requested with the caller being informed that they will be contacted within the next five working days. Does the Cabinet Member think this is acceptable and can he please inform us why the person calling cannot be given an immediate reply instead of leaving them wait up to five days? Reply by the Cabinet Member for Legal and Regulatory The service standard for Regulatory Services is to respond to telephone enquiries within 5 working days. In line with good practice, customers are informed of the service standard at the time of their call. If the enquiry is simple and straightforward a response is provided immediately by the Regulatory Services call centre staff who also make appointments for pest control services at first contact. Members will be aware that the new Licensing regime put considerable new demands on both officers and members of the Licensing Committee. The first appointed day for the new regime was 7 February 2005 and existing premises had until the 6 August 2005 to make their application in order to benefit from ’grandfather rights’. Despite much publicity at a national and local level businesses generally left it very late in the day to make their applications. The complexity of the legislation and the application process meant that many businesses sought assistance from licensing officers during this period. In the period April 2005 to October 2005, 2,236 such service requests were recorded for the licensing team. Demand for the service peaked in July 2005 with 413 requests for advice being made (this compares with 198 in July the previous year). Whilst it would have been commendable to provide ‘live advice’ this could not be achieved with the resources available. Notwithstanding this, customers who came into the Civic Offices for advice were provided with immediate assistance. In respect of the 2,236 requests for assistance made between April and October 96% of them were dealt with within 5 working days. I can further inform you that in each of the months except May, the average response time was 1 working day. In May it was 2 working days. I am aware


917that officers worked late into the evening to ensure as far as possible customers calls were returned the same day. The Council’s efficiency in determining licences has been excellent with 100% of applications being determined within the statutory timescales. Overall the service provided has been excellent and officers and Licensing Committee members should be commended. Supplemental In thanking the Member for the response, Councillor Bertin understood a lack of resources to be the main problem. He considered making people wait up to five days for a reply to be unacceptable, there to be a need for more staff in place to handle matters more quickly and asked whether the provision of additional staff was envisaged. The Cabinet Member reiterated his earlier comments regarding the excellent performance levels in determining licenses. A national problem had arisen in terms of licensees failing to heed advice to submit applications at an earlier date. The workload was a further example of local government placing extra burdens upon, but not providing additional resources to, local authorities. Again, the Cabinet Member commended staff for the work undertaken. 6. Question from Councillor R.F. Curtis AVIAN FLU Avian flu, if it mutates to an infectious human form, has the potential to cause havoc in communities throughout the world. Therefore, what action is the Vale of Glamorgan Council taking to prepare its services and residents for a world wide flu pandemic? Reply by the Cabinet Member for Legal and Regulatory In relation to the threat of Avian Flu and its infectious human form the Emergency Planning Unit has written an operational plan. The Council is also working with Marsh Consulting on Business Continuity Planning looking at how essential services to the public can be maintained during times of emergency , of which a pandemic or epidemic is one. This work is being championed by the Director of Legal and Regulatory Services and supported by the Corporate Management Team. Supplemental Councillor Curtis referred to the public having an expectation of the Council to prepare appropriate plans. He sought further information regarding any action which would be taken in the event of an outbreak in schools within the Vale of Glamorgan and asked what work was underway with the Health Authorities in terms of the co-ordination of plans.


918The Cabinet Member referred to the existence of a multi-agency plan, into which the Health Authority had an input. Action necessary would depend on if, and where, any outbreak occurred. 7. Question from Councillor R.J. Bertin E-COLI PREVENTION IN SCHOOLS Will the Cabinet Member for Legal and Regulatory please inform us what has been done so far by this Council and what further action is proposed to prevent the outbreak of e-coli in our schools as recently experienced in neighbouring authorities? Reply by the Cabinet Member for Legal and Regulatory All premises where food is manufactured, stored, prepared and sold for human consumption form part of the Council’s planned inspection programme. Food premises are inspected anything from every 6 months to every 5 years depending on their risk rating. School kitchens form part of the inspection programme and are therefore subject to the same controls as all other food premises in the Vale. In addition to the regular checks carried out by Environmental Health, I am aware that premises that supply food to our schools are independently monitored by Vale Catering Services. The Council’s effectiveness in delivering its planned food hygiene inspection programme is a National Assembly Performance Indicator. I am pleased to advise that for the last 3 years the Council has inspected 100% of those premises which were due for inspection. This puts the Council in the top quartile of performing Councils in respect of this indicator. Environmental Health also play an important role in tracing the source of notifiable diseases such as E. coli and preventing their spread in the community. When such cases are notified to us, investigations commence immediately to obtain a food history from the affected person, trace all contacts e.g. family members and friends and obtain stool specimens from them. Appropriate advice is provided to the case and contacts to prevent the spread of the disease. If the sufferer attends one of our schools the Operational Manager for Regulatory Services immediately informs the Director of Learning and Development and a communication strategy is decided to ensure the school and parents are provided with good quality, timely information. In a recent case of E. coli involving a 13 year old Stanwell pupil, Environmental Health worked with Education and the school to ensure systems were in place to identify potential further cases. This year in June, Environmental Health officers worked with schools during National Food Safety week to promote hand washing amongst children. Further work to promote effective hand washing in schools is planned for the new year. The Operational Manager for Regulatory Services is currently liasing with our Healthy Schools Co-ordinator to take this initiative forward.


919Supplemental In referring to concern expressed at a parents’ evening, Councillor Bertin asked whether additional anti-bacterial soap would be provided and an educational campaign carried out. The Cabinet Member referred the Member to his earlier comments regarding the promotion of hand washing, which he considered to be a matter of basic hygiene. The purchase of soap would be a matter for schools themselves given their responsibility for their own budgets. 8. Question from Councillor R.F. Curtis BARRY LEISURE CENTRE In light of the recent closure of the Barry Leisure Centre swimming pool due to mechanical failures caused by a lack of regular maintenance, would the Cabinet reconsider its recent decision to spend over £41,000 on purchasing signage to improve the Council's corporate image and instead invest it in an upgrade of the swimming pool running equipment? Reply by the Cabinet Member for Regeneration, Tourism and Leisure The breakdown and short-term closure of the Barry Leisure Centre swimming pool was unfortunate and unexpected. As stated in another Council Question, officers were aware of the problem and plans were in hand to replace the equipment prior to its complete failure. The £41,000 to be spent on corporate signage is important for its own reasons and is not linked to the recent problem with Barry Leisure Centre Pool, which was not a resources issue. The Council is a large multi purpose business and accordingly has a balanced spending programme to meet a variety of needs. 9. Question from Councillor B.I. Shaw BARRY LEISURE CENTRE All Members will be concerned about the failure of essential equipment that has forced the closure of the swimming pool at Barry Leisure Centre. Will you advise the Council if the defective pool plant was identified as requiring replacement prior to its failure? When will the pool be properly operating? Reply by the Cabinet Member for Regeneration, Tourism and Leisure The calorifiers were identified as needing urgent replacement before their recent total failure. Work had already been planned for their replacement prior to


920Christmas. It was expected that, following some emergency repairs, the old units would have carried on working until the replacement units had arrived. The plant at Barry Leisure Centre is now 25 years old and other essential replacement of major equipment is also required. This is presently being planned as part of future asset renewal work. I have also asked for a review of Leisure Centre asset maintenance issues to ensure that these highly used Council facilities are ready to meet future demands. Supplemental Councillor Shaw expressed concern regarding the pool being out of action and sought clarification as to the timetable for its re-opening and for any future maintenance. The Cabinet Member indicated that, as far as practicable, any programme of works drawn up would be provided. He referred to his visiting and observing of the condition of the equipment and to his intention to take steps to improve the situation with a view to avoiding any similar problems occurring. 10. Question from Councillor N.P. Hodges CRÈCHE FACILITIES AT LEISURE CENTRES Penarth Leisure Centre has excellent crèche facilities and this is an important tool in encouraging and enabling parents and particularly women to attend sessions that are beneficial to mind and body instead of being continuously confined to their homes. When will these vital crèche facilities be made available to other leisure centres in the Vale? Reply by the Cabinet Member for Regeneration, Tourism and Leisure As well as at Penarth Leisure Centre, a limited crèche is presently provided at Cowbridge Leisure Centre (Mon – Fri 9.30am –11.30am) which is currently in the process of being registered with the Care Standards Inspectorate of Wales. No crèche is presently operated at Llantwit Major Leisure Centre, which has limited daytime activities due to its extensive daytime use by the School. Barry Leisure Centre does not presently have a suitable space to operate a crèche. This will however be reviewed when the Library relocates to the Town Hall and space becomes available.


921 11. Question from Councillor Ms. L. Burnett CYCLE STRATEGY In 1997 the Council adopted a Cycle Strategy which included the following priorities: 'The development of a Barry - Penarth - Cardiff Strategic Cycle Route'. 'The needs of cyclists will be considered and incorporated into all highway schemes including maintenance works and development roads'. Bearing in mind the difficulties faced by any person wishing to travel to Cardiff by other than motorised transport and more specifically the current prohibition of cyclists from the Cogan Spur Road and the lack of safe cycle provision in the proposed interchange at the Baron's Court, will you reaffirm the Council's commitment to the promotion of cycling, physical activity and sustainable development? Could you also give details of exactly what progress has been made in the past eight years towards the provision of a safe route for travel by cycle from Penarth to Cardiff; with which parties are you currently working and what outcomes you expect to achieve before the end of 2006? Reply by the Cabinet Member for Planning and Transportation The Council commissioned the Vale of Glamorgan Cycling Strategy in May 1997. The document details the Council’s aspirations for cycling and provides an independent assessment of the potential for the development of cycling as a form of transport within the Vale of Glamorgan. The Strategy is endorsed by the Adopted Vale of Glamorgan Unitary Development Plan 2005 (UDP) and together both documents effectively provide the framework for the development of cycling within the Council’s area. The Cycling Strategy included a range of targets and proposals for the future development of cycling within the Vale of Glamorgan. While considerable improvements have been made on a number of fronts since the adoption of the Strategy, some of the major projects proposed have yet to materialise due primarily to the lack of funding for such schemes.

Through the South East Wales Transport Alliance (Sewta) a regional review of cycling facilities is due to be completed early in 2006 which will inform a review of the Council’s own strategy. When undertaking the review full consultation will take place with all interested parties. Notwithstanding the level of funding available, the Council has been particularly successful in securing TG funding from the Welsh Assembly Government under its "Safe Routes to Schools" programme. This has enabled the provision of cycle routes in and around Barry and Penarth that benefit both school children and the wider community and £1.057 million has been secured over the last 6


922years. This success was due to the well though out / logical schemes put forward by the Council and appreciated by the Welsh Assembly Government. The Penarth Headland Link will soon provide a safe and direct link with the Cardiff Bay Barrage and when the Cardiff landfall issues have been resolved with Associated British Ports this will provide a major corridor for cyclists into south Cardiff. I am more than happy to write separately to the local member giving details of specific issues in relation to routes between Penarth and Cardiff. Supplemental Councillor Burnett expressed her gratitude for the specific information offered and referred to a recent letter from a Council Officer to a counterpart in Cardiff County Council. She asked whether the Council would follow the lead of various other authorities and appoint a Cycling/Walking Officer. Expressing concern regarding the apparent preparation of a supplementary question prior to the receipt of a reply to the original question, the Cabinet Member referred to the Cogan Spur not being under the control of the Council and to it being Cardiff County Council’s responsibility. He was unaware of the existence of the letter alluded to by the Member. 12. Question from Councillor N.P. Hodges BUS SERVICE FROM BARRY ISLAND The 95 bus service that runs from Barry Island to Cardiff is often blocked on its route down Clive Road by double parking. This was caused many problems including unannounced diversion routes and fluctuations in the frequency of the service. This is a problem that the Council can solve with two measures. Firstly, by marking one side of the road with double yellow lines and secondly by liaising with the bus company and requesting it to deliver a reliable service that runs later into the evening. Does the Cabinet Member agree to undertake both these measures, thereby solving a major transport problem for the people of the Island? Reply by the Cabinet Member for Planning and Transportation Service 95, which is operated commercially during the day by Cardiff Bus, has not operated via Clive Road since 4th September 2005. It now runs direct via Plymouth Road to the Marine. Service 93 still runs via Clive Road (every 30 minutes during the day) but utilises smaller vehicles than those deployed on Service 95. There is certainly a problem concerning parked cars on Clive Road, particularly in the evenings. The implementation of double yellow lines would be difficult to enforce and no doubt would result in complaints from residents.


923Cardiff Bus is reluctant to reconsider the issue given that its current arrangements appear to be working. 13. Question from Councillor M.R. Wilson BARON'S COURT ROUNDABOUT SCHEME What consultation has been undertaken with regard to the Baron's Court Roundabout Scheme in Penarth? Reply by the Cabinet Member for Planning and Transportation The Council was initially involved in the International Sports Village project, as part of the planning application process and was consulted on the proposals as a neighbouring authority by Cardiff County Council. This Council objected to the proposals and asked that a Public Inquiry be held into the proposal because of concerns relating to traffic implications. A comprehensive/well-argued case was submitted to Cardiff County Council’s Planning Committee. However, the final report to that Committee included only a relatively minor reference to the Council’s objections. The Council also requested the Welsh Assembly Government to “call-in” the application. However the Welsh Assembly Government decided not to “call the application in”. It was further determined that the interests of this Council would then be adequately served by the developer and the Council entering into a Section 278 Agreement for the construction of the new junction at Baron’s Court. In this process there is no mechanism for the Council to consult on the proposals as the project is effectively developer-led. As the proposed works are wholly contained within the existing adopted highway area, no planning approval is required. Members will be informed of details and timing of the scheme as they emerge Supplemental Expressing disappointment with the answer, Councillor Wilson asked whether full consultations would be undertaken regarding any future Section 278 Agreements entered into by the Council. The Cabinet Member indicated that the Section 278 procedure contained no provision for such consultation, it being a developer-led procedure. 14. Question from Councillor K.R. Stockdale PROPOSED TESCO EXPANSION SITE Following a meeting between several Councillors and residents of Barry living near the site of a proposed Tesco expansion site, the Plaid Group has been made aware of their grave concerns about this proposal. Despite the fact that the over pressed Planning Department have said they have no time to advise on planning applications, it appears that this Council has held 'Informal' talks


924with Tesco. A senior Tesco employee has told a resident that they will get this application through no matter what you do. Has this Council held informal talks with the Tescopoly giant? If so, can we now hear of them under a Scoping Statement? Reply by the Cabinet Member for Planning and Transportation Firstly, can I make it abundantly clear to Councillor Stockdale, that the officers from the Planning and Transportation Division are always eager to enter into dialogue with applicants and prospective applicants in their development proposals, big or small. Agents acting on behalf of Tesco did seek a meeting with the Council’s Head of Planning and Transportation. Such a request was accepted and a meeting has taken place. The meeting was requested by Tesco, and their agents used the meeting to advise officers of their intentions in submitting a planning application for a new store and filling station, together with other associated works. I am led to believe that the proposals will also include changes to the Golf Club course and the provision of a new clubhouse. Planning Officers are professional Officers and do not get drawn into providing any commitments regarding the outcome of planning applications Officers do not leave themselves in a position whereby they would prejudice the Planning Authority. The meeting referred to above was attended by the Head of Planning and Transportation. Tesco employees can express whatever opinion they wish. However, what is of the utmost importance is that the Council will deal with any application in a fair and transparent manner, ensuring that the proposals are rigorously scrutinised, taking into account all material considerations. I have every confidence that both officers and members will deal with any future application in a professional manner. Whilst planning applications can be refused, the appeal process is still available to applicants. I would remind Members of the outcome of a previous appeal regarding the Culverhouse Cross development. All relevant facts will be considered and placed before the Council. Any recommendations will reflect the Council’s policies and a final decision made at the Planning Committee. Supplemental Councillor Stockdale sought clarification as to whether, should be application go ahead, it would significantly negate the Council’s aims under the Unitary Development Plan in terms of the effect on traffic levels and the rejuvenation of the town centre. The Cabinet Member urged Councillor Stockdale to err on the side of caution. He stressed the need for Councillors to ensure that they were not seen to come to any decision prior to formal consideration by the Planning Committee. He was unwilling to condemn the proposal at this stage given the necessity to not be seen to pre-judge the issue.


925 15. Question from Councillor R.F. Curtis FAIRTRADE There are now 55 Fairtrade towns in the UK with another 168 towns and cities working towards Fairtrade status. When will the Vale of Glamorgan Council take action to start work towards the gaining of Fairtrade status for the town in the Vale of Glamorgan? Reply by the Cabinet Member for Visible Services I have only recently been designated as the Cabinet Member with responsibility for Sustainability. As members will be aware, Visible Services have demonstrated a clear commitment to the local environment, which had been recognised through the various awards received. I am therefore keen to promote Fairtrade status within the Vale of Glamorgan. The pursuit of this status will require the development of a local steering group and significant engagement with the local business community. I have requested that a report be submitted to Cabinet in early 2006 outlining the necessary actions required for this to be achieved. Supplemental Councillor Curtis asked whether, as a first step, Fairtrade coffee could be purchased for use in the Members’ machine. The Cabinet Member pointed out that this was not within his own portfolio but that he would forward the Member’s request to the Officers/Members concerned. 16. Question from Councillor B.I. Shaw DOCK VIEW ROAD RAILINGS, BARRY I last brought this issue to this Council Chamber a year ago. Since that time, the last communication I received was dated 24th March, 2005. On behalf of the residents of Dock View Road, Barry I am appalled that these railings have not been replaced or at the very least, repaired on the grounds of public health and safety. With the recent weather conditions that we have had recently with snow and ice, controlling a vehicle down a side street heading towards Dock View Road can have fatal consequences, especially opposite Burlington Street where there is only a wire mesh fence for protection before a sheer drop. Can this Council put more pressure on Network Rail and the British Railways Board and prosecute, if necessary, if appropriate remedial action is not taken?


926Reply by the Cabinet Member for Visible Services Councillor Shaw's concerns are noted in respect of the railings along Dock View Road, these are the responsibility of the Rail Company. Whilst they are not designed or meant to be vehicle impact resistant they are causing concern, as access to the live track is possible. I will bring this matter to the attention of the HSE Railway Executive who is the appropriate body to consider any action. In a letter dated 1st March 2004 Network Rail stated that “although there is rust on the fence and it may not be aesthetically pleasing, it is still in good condition and fit for purpose. As we have limited resources, fencing renewals are prioritised according to a formal risk ranking process that takes into account the robustness of existing fencing and its location in terms of trespass and vandalism ‘hotspots.’ Based upon its current risk rating, the fence will not be renewed at this point in time.” Network Rail undertook some works in the area in March 2004 in that they cleared rubbish and fly tipping from the site, cut back vegetation from the pavement and repaired some loose fencing.

The Council continues to maintain contact with both Network Rail and Lambert Smith Hampton (who act on behalf of BRB(R)), in order to achieve a higher prioritisation for the scheme. Supplemental Councillor Shaw felt that the point which he had raised regarding the possible prosecution of Network Rail and the British Railways Board had not been answered. He considered the Council to have accepted the aforementioned bodies “brushing the issue under the carpet”. He considered the matter to be a health and safety issue and sought clarification as to whether the Council would deal with the matter as swiftly as he felt it did with regard to Council Tax non-payment. The Cabinet Member considered that the appropriate approach to progress matters was by means of the Health and Safety Executive. 17. Question from Councillor A.G. Powell LIGHT CONTROLLED CROSSING AT JUNCTION OF BARRY ROAD AND BUTTRILLS ROAD In the light of the tragedy that we witnessed this year, will the Council please install a pedestrian light controlled crossing at this dangerous junction?


927 Reply by the Cabinet Member for Visible Services I am sure all Members were extremely upset regarding the incident referred to. The Police investigation into this accident is ongoing and it is anticipated that their report to the Crown Prosecution Service (CPS) will be presented shortly. The decision by the CPS whether or not to pursue a prosecution in relation to this matter will determine what information can be released. Up-to-date traffic survey data has been collected and this, along with the Police report, will be used to establish if any changes are required to the current crossing arrangements. 18. Question from Councillor C.J. Williams NEED FOR WEIGHT RESTRICTION ON A4055 The continued pounding of the main road by thousands of vehicles every day seriously detracts from the quality of life for the long suffering residents of Dinas Powys. Unfortunately, the Assembly Government and previous administrations down the many years, indeed decades, have failed to heed the views of residents and refused to support the obvious requirements of the Dinas Powys By-Pass. In addition to the sheer volume of traffic, residents, and particularly school children, have to cope with the great dangers created by articulated and heavy vehicles. Will you please undertake to investigate the problems experienced by, I believe, the majority of the public throughout the Vale and actively consider, at the very least, the urgent imposition of a weight restriction along the A4055? Will you please indicate when a report can be presented to Cabinet? Reply by the Cabinet Member for Visible Services I am sure all Members are aware of the heavy usage of the road. The Police have already indicated that they would not be supportive of such an Order as they would not be able to adequately resource the enforcement of the Order. In their view, such an Order would also encourage additional traffic onto other, also unsuitable, routes that in turn would create other traffic-related problems. It was also their opinion that the volume of heavy goods vehicles using this route had reduced in recent years due to the closure of businesses in the Barry area requiring such roads haulage. The real solution to this issue is the funding of a new road link by-passing Dinas Powys. At present there is no opportunity to submit a bid to the Welsh Assembly Government for funds to design and construct the Cardiff to Barry Waterfront Link. I would take this opportunity to publicly urge the Welsh Assembly Government to recognise its role in real strategic transport planning by accepting its responsibilities to fund major transport infrastructure schemes


928such as this. I am sure that Councillor Williams will endorse this view and hope all Members will petition the Welsh Assembly Government accordingly. Supplemental Councillor Williams asked whether the Police could be asked to reconsider their position regarding the allocation of resources. The Cabinet Member indicated that this request could be made but he was unsure as to the basis on which the Police would be prepared to review their position. 19. Question from Councillor A.D. Dobbinson HEALTH AND SOCIAL CARE FOR ADULTS The Cabinet, on 5th October, 2005, reviewed the eligibility threshold for adults accessing social care services. Cabinet decided to adopt the Welsh Assembly Government scheme as the basis for assessing adult clients in the Vale of Glamorgan. The Cabinet also decided to raise the eligibility level at which care was to be provided by the Council. This was a financial decision to assist to balance the budget of the Social Services Department. Given that many Vale of Glamorgan residents will be affected by these decisions could the Cabinet Member for Community Care provide information about the effects of the new scheme? How many adult clients currently receive access to community care in the Vale of Glamorgan? How many clients are expected to move onto transitional protection? How many appeals are expected in the first full year of operation of this new system? What is the current annual cost to Social Services of providing Health and Social Care for Adults? What will be the estimated annual savings to the Social Services budget following the introduction of the new eligibility scheme? The report stated that in exceptional circumstances clients can receive assistance even if they are assessed as being in the moderate level. Who will decide if a client has exceptional circumstances? Is there an expectation that the new criteria and the appeals system will increase the workload of Social Services and what arrangements are being made to meet any increase in workload? The Cabinet report also stated that anyone with moderate or low needs who would not receive assistance from Social Services would be advised of


929available independent or voluntary services. Has the Council consulted its partner agencies about these changes and do they have the capacity to meet these new demands upon their organisations?

What range of preventative services will be provided by the Council to meet the needs of those with lower eligibility needs? Reply by the Cabinet Member for Social and Care Services I would like to state that we did not want to make these changes and that they have been forced on us due to increasing demand and the spiralling effect on finance. Having been unable to speak to the relevant Officer since the submission of the question and due to the amount of research required for the nine questions identified, and the limited time available, to answer the numerous questions fully, it has not been possible to provide my usual comprehensive answer. I will therefore arrange for the Member to receive a written reply as soon as possible. I will copy this reply to all Members. 668 NOTICE OF MOTION - The following Notice of Motion, standing in the names of Councillors C.P. Franks and B.I. Shaw, was discussed by the Council: “ Council notes that with inadequate public consultation the people of Wales are in danger of being obliged to accept the creation of a single Welsh Police Force that could seriously undermine the work of police officers. There is no evidence to indicate any level of support for this Government proposal. Already the Home Secretary and the part time Secretary of State for Wales have stated their preference that a single Wales police force be created regardless of the final views of police constables and the National Assembly. The plans include one Commissioner as head of the new force who in the words of the Westminster government could tour around Wales by helicopter. Council resolves that The Westminster Home Secretary be urged that no steps should be taken to amalgamate Police Forces in Wales until powers for policing are devolved to the National Assembly and calls for these powers to be devolved without delay. That this Council formally objects to the current plans to create one force. Further, Council advises the Home Office that a meaningful consultation process should be undertaken and that the existing proposals should be abandoned.” Councillor Franks considered that, without proper public consultation, there to be a serious risk of being bounced into accepting the government’s plan for a single police force that could cause an irreversible setback to effective policing.


930Referring to who had indicated this, he said it had been a former Chief Constable for a Welsh force and President of the Association of Chief Police Officers. Councillor Franks considered the disgraceful interference of the part time Secretary of State for Wales and the fact that the Home Secretary had clearly pointed to a single force to be fundamentally undermining the consultation process. He considered the reality to be that Wales was about to see one massive Police force for the whole of Wales. His experience had been that every reorganisation had meant years of expensive redundancies, usually followed by a massive bill for new Headquarters. Referring to the Secretary of State for Wales having indicated that if the four Welsh forces were merged no new building would be required, Councillor Franks considered his claims were are at odds with the reorganisation of the Welsh Development Agency. Councillor Franks felt there to be a risk of a bill of £20m. for prestigious new offices, with an overall cost of reorganisation estimated at £57m. He felt this would lead to to operational cuts and in increase in the police precept in south Wales of as much as 15%. He questioned who would appoint the Commissioner and the senior management and how the influence of the local community would be maintained. In terms of local representation, a single Police Authority would be either unwieldy or unrepresentative. Councillor Franks felt there to be a risk of resources being drained from the He looked forward to hearing the views of members but especially those of the Labour group. In seconding the motion, Councillor Shaw referred to Wales being a vast country and to his hope that a single Police Force did not materialise. He considered that modernisation would be likely to mean job cuts. Councillor Readman referred to the presentation earlier in the day from the South Wales Police Authority which had covered several options and to the consultation process still being underway. Councillor N. Moore considered that the Council could not be expected to give serious consideration to the motion submitted. He considered certain powers (including Police) should not be devolved to the Welsh Assembly Government. He felt that the outcome of the exercise was not inevitable and that an All-Wales police force would be disastrous. Councillor Moore alluded to the South Wales Police Authority indicating that responses to the consultation exercise were still being considered and he urged all Members to submit responses to the consultation. He felt that the Council should indicate it was not in favour of a single force. He alluded to a number of Members having referred at the earlier presentation to the possibility of some form of strategic provision being necessary for protective services. He further


931indicated that he did not consider the option of two forces to be viable and to his personal preference being for a retention of the status quo. This, he felt, would maintain local public confidence and accountability. He felt that the Home Secretary should reconsider the matter and include consideration of the Welsh dimension. Councillor Curtis considered there to be arguments on both sides and accepted that a strategic approach could result in improved services with regard to certain types of crimes. He had not heard a sufficient case to support a move from the status quo. Councillor A.J. Williams referred to the SWPA presentation as having been informative and well balanced and also referred to the fact that submissions were still invited from SWPA. The Leader referred to the Notice of Motion as providing an opportunity to discuss the issues in terms of how local communities would be affected. He was not in favour of the devolution of responsibility for the police to the Welsh Assembly Government and did not feel that WAG, or other interested bodies, should be afforded any suggestion that an All-Wales option was the Council’s preferred option. Accepting Police provision was generally good, he acknowledged difficulties in areas such as community policing and to the need to maintain a local Member involvement in the community policing process. The Leader referred to the current ability of the scrutiny process to consider police issues as being likely to be diluted in the event of a single force being created. He also alluded to existing examples of efficient cross-border working. It appeared that the Home Secretary might well have considered the size of certain Welsh police forces to be small by comparison to England. However, the Leader referred to the significant proportion of the Welsh population which was based in South East Wales. The Vale of Glamorgan needed to maintain a police force, and a Police Authority, which were accountable to its residents. He considered there to be possible merit in consideration being given to a South Wales/Gwent Forces merger. The Leader expressed concern regarding the reference by SWPA at its presentation to the Association of Chief Police Officers (Wales) considered approach. Cost effectiveness, whilst important, should not be the only factor considered. The view of the Leader was that overall effectiveness and accountability were more important factors. He alluded to the expressed opinion of some Chief Constables and to a letter issued by the Home Secretary regarding preference for an All-Wales force. He was concerned that national consideration appeared to be based around regional/sub regional considerations without consideration issues such as transport and travel implications.


932 The Leader felt that the Council should submit representations opposing an All-Wales force, expressing a preference for the status quo, referring to possible merits of a South Wales/Gwent forces merger and raising issues regarding the nature of the consultation process. Councillor N. Moore requested that any amendment moved include reference to protective services. Councillor Franks referred to the matter as not being dealt with on a United Kingdom basis , but only in respect of England and Wales. He referred to WAG being responsible for £144m. of police funding and to the benefits of the current means of local authority representation on the South Wales Police Authority. In the light of the above, the Leader moved the following amendment to the Notice of Motion: (1) That the Council notes with concern the speed at which the consultation

process has taken place. (2) That the Council is totally opposed to an All-Wales force which it considers

is not in the best interests of Vale of Glamorgan residents. (3) That the Council seeks the retention of the South Wales Police Force. (4) That the Council would consider, if it was felt expedient, a merger of the

South Wales and Gwent Police forces. (5) That the Council accepts that there may be a case for collaborative

working on protective services. Upon being put to the vote, the amendment was carried unanimously. 669 COUNCIL TAX BASE 2006/07(DFICTP) - Whilst the Council on 15th October, 2003 had resolved to delegate the determination of the Council Tax Base to the Executive, the provisions of the Local Government Act 2003 were not, at the time, sufficient for it to become a function of an Executive or Board. As a result, it had not been possible to amend the Council’s Constitution accordingly. The Local Government Executive Arrangements (Functions and Responsibilities) (Amendment) Regulations 2004 were now in force and allowed the function to be delegated. It was, therefore, proposed that the previous decision of the Council to delegate determination of the Council Tax Base be reaffirmed and the Constitution amended accordingly. The draft Council Tax Base had to be submitted to the Welsh Assembly Government by 11th November, 2005. The figure had been submitted to Cabinet on 16th November, 2005 and required confirmation by Council to meet the deadline of agreeing the final Council Tax Base by 31st December, 2005


933and, in turn, to be returned to WAG by 6th January, 2006. The Tax Base would be used by the Council to calculate the Council Tax for 2006/07 and by the South Wales Police Authority and levying bodies to apportion precepts on 1st April, 2006. The assumption regarding collection rates had been revised from 96% to 97%, based on the continued improvement in collection performance. RESOLVED -

(1) That pursuant to this report and in accordance with the Local Authorities (Calculation of Tax Base) Regulations, the amount calculated by The Vale of Glamorgan Council as its Council Tax Base for the year 2006/07 shall be -

For the whole area: 54,200 For the area of Town and Community Councils:

Barry 18,201 Pendoylan 234 Colwinston 275 Penllyn 978 Cowbridge with Llanblethian

2,465

Peterston-Super-Ely 549

Dinas Powys 3,566 Rhoose 2,675 Ewenny 413 St. Athan 1,318 Llancarfan 445 St. Brides Major 1,090 Llandough 904 St. Donats 188 Llandow

427 St. Georges & St. Brides-Super-Ely

228

Llanfair 357

St. Nicholas & Bonvilston

528

Llangan 377 Sully 2,283 Llan-maes 233 Welsh St. Donats 301 Llantwit Major 3,996 Wenvoe 1,081 Michaelston 215 Wick 360 Penarth 10,513

(2) That the decision of Council on 15th October 2003 be reaffirmed, the

setting of the Council Tax Base be delegated to the Executive and the Constitution (at Article 4 (b)) be amended accordingly.

670 MEMBERS’ PENSIONS (DLRS/DIFCTP) - The Local Government Pension Scheme and Discretionary Compensation (Members of County and County Boroughs in Wales) Regulations 2004 had been introduced to give locally elected councillors access to the Local Government Pension Scheme, subject to the recommendations of the Independent Remuneration Panel. This matter had been considered by the relevant Cabinet Advisory Committee and by Cabinet on 5th November, 2005.


934The Council was required to consider whether or not to adopt the scheme and, if so, which councillors would be “eligible councillors” within the limits set by the Remuneration Panel. In effect, the Panel had not set any restriction, thereby allowing all current, and future, members to be eligible. The Remuneration Panel had brought a number of matters to the attention of local authorities, to be considered in determining the Council’s position, details of which were set out in the report. The Council would be required to make employer’s contributions to the Pension Fund in respect of the pensionable income of members who joined the scheme. Employer’s contribution rate was determined by the Fund Actuary and was currently 22.4% of pensionable pay. According to the Regulations, the scheme was able to be implemented from the date of adoption by the Council and councillors did not have the right to make additional payments into the scheme in respect of past service. Whilst some local authorities held the view that eligibility to join the scheme should be back-dated, advice from Cardiff County Council, who administered the scheme in respect of the Vale of Glamorgan, was that, in the absence of specific powers in the Regulations, there was no power to back-date entry to the scheme. Consequently, the advice of the Administrators was that date of entry should be in accordance with Regulation 7 of the Local Government Pensions Regulations 1997, which would be the first day of the pay period following the date of electing to join the scheme, i.e. 1st January, 2006 if the scheme were adopted by Council at the meeting. RESOLVED - (1) T H A T the Council adopt the provisions of the Local Authorities (Allowances for Members of County and County Borough Councils) (Pensions) (Wales) Regulations 2003 to enable members of the Council to be eligible to join the Local Government Pension Scheme. (2) T H A T all present and future councillors be eligible to join the Local Government Pension Scheme, within the limits set by the Remuneration Panel as outlined in paragraph 5 of the report. (3) T H A T, as recommended by the Remuneration Panel, no entitlement be granted to any future councillor who has received a payment under the Past Service Award Scheme. (4) T H A T the effective start date of scheme membership for any member who opts to join be 6th April, 2005 or the earliest legally implementable date thereafter. (5) T H A T pension scheme application forms and supporting information be circulated to all eligible members as soon as possible.


935 671 INDEPENDENT MEMBERS SERVING ON THE COUNCIL’S STANDARDS COMMITTEE (MO) - The appointment of independent members to the Standards Committee was governed by the Standards Committee (Wales) Regulations 2001. Paragraph 20 of the Regulations provided that the term of office of a member of the Standards Committee who was an independent member of that Committee should not be less than 4, nor more than, 6 years. Transitional arrangements under Section 30 of the Regulations provided that where an authority had established a Standards Committee before the date on which the Regulations came into force and the membership of that Committee at the date on which those Regulations came into force included one or more independent members, then the Authority was able to allow such members to continue as members for whichever was shorter of the following periods: (a) 5 years from the date on which the Regulations came into force (b) until the term of office of that Independent member comes to an end. The Regulations came into effect on 28th July, 2001 and the Council had established a Standards Committee prior to that date. Consideration had been given by the Welsh Assembly Government to amending the Regulations including the provision relating to the length of time independent members were able to serve. WAG’s view was that the regulation preventing an independent member serving more than one term was unreasonably restrictive and causing practical difficulties. As such, it was proposed to permit a second term of office. Apart from the lengthy process of recruiting independent members, a number of authorities had experienced difficulties in appointing members and felt that valuable experience would be lost if authorities were required to appoint and train new members. This was particularly pertinent given the issuing of a revised Code of Conduct by the Welsh Assembly Government intended for 2006. RESOLVED - (1) T H A T the term of office of Mr. P. Langmaid, D. Perkins and G. Ellis be confirmed for six years from the date of their appointment. (2) T H A T it be noted that the term of office of the Chairman of the Standards Committee, Mr. C. Samuel, will expire on 26th July, 2006. (3) T H A T a further report be submitted to Council when future Regulations on matters relating to Standards Committee are issued by the Welsh Assembly Government.


936 672 HOUSING SUB-COMMITTEE: APPOINTMENT OF REPRESENTATIVE OF SHELTER CYMRU AS A NON-VOTING CO-OPTEE (REF) - RESOLVED - T H A T , as requested by the Scrutiny Committee (Community Wellbeing and Safety), a representative of Shelter Cymru be appointed to the Scrutiny Committee (Community Wellbeing and Safety) and to the Housing Sub-Committee in a non-voting co-optee capacity. 673 CAPITAL MONITORING FOR THE PERIOD 1ST APRIL 2005 TO 30TH SEPTEMBER, 2005 (CMT) - RESOLVED - T H A T the proposals of the Cabinet, as set out in Cabinet Minute No. C2155, 2nd November, 2005, be approved. 674 INITIAL CAPITAL PROGRAMME PROPOSALS 2006/2007 (DFICTP) - RESOLVED - T H A T the proposals of the Cabinet, as set out in Cabinet Minute No. C2179, 16th November, 2005, be approved. 675 PENARTH HEIGHTS: PROJECT UPDATE AND CONTRACT - RESOLVED - T H A T the use of the Urgent Decision Procedure (Cabinet Minute No. C2136, 19th October, 2005), as set out in Article 13.09(a) (ii) of the Constitution, in order to effect practical completion of the matter if appropriate, be noted.

________________________

SCHEDULE OF DECLARATIONS OF INTEREST

Councillor N. Moore Agenda Item No. 8: Members’ Pensions (being a member of the Local Government Pension Scheme)

Councillor Mrs. M.R. Wilkinson

Agenda Item No. 8: Members’ Pensions (being a member of the Local Government Pension Scheme)


Documents

THE VALE OF GLAMORGAN COUNCIL Council/Council/Minutes, Age… · School in the light of the recent tragic death of 13 year old Hayley Williams. (ii) The Mayor referred to her recent