Agenda, decisions and minutes

To receive any Declarations and advise Members accordingly.

Councillor Shotton declared a personal interest in agenda item number 7 – home to School Transport Policy Review.

                        Councillors Bithell and Butler declared personal interests in agenda item number 10 – Theatr Clwyd Capital Project.  The Chief Executive also declared a personal interest in this item as he was a member of the Board.

                        Councillor Shotton advised that agenda item numbers six (School Modernisation – School Standards and Organisation Act 2013 – Brynford and Lixwm Area Schools Review, and seven (Home to School Transport – Policy Review) would be considered first.

To confirm as a correct the minutes of the meeting on 22^nd May 2018.

The minutes of the meeting held on 22^nd May 2018 had been circulated with the agenda and approved as a correct record. 

RESOLVED:

That the minutes be approved as a correct record.

(a)       That Cabinet withdraws the amalgamation proposal;

(b)       That Cabinet requests an extension of time from Welsh Government as allowed under the School Organisational Code;

(c)        That the Council applies to Welsh Government for capital when the grant for the early years education fund is released to undertake the necessary improvements for Brynford;

(d)       That Cabinet invites the two schools to work with the Council on a federated two-site model; and

(e)       That the Council holds its powers to enforce a federation in reserve.

Councillor Roberts introduced the School Modernisation – School Standards and Organisation Act 2013 – Brynford and Lixwm Area School Review report which invited Cabinet to determine whether to proceed with a statutory proposal for school organisational change.

            The review began in June 2015 with consideration of the reorganisation of the provision in three schools; Rhos Helyg, Brynford and Lixwm as triggers had been met in the Council’s School Modernisation policy.  In December 2016 Cabinet resolved to move to a statutory consultation on amalgamation of Lixwm and Brynford onto a single site and leave Rhos Helyg alone.

            Councillor Roberts met with governors from Brynford and Lixwm to listen to their views and also with governors from Cilcain. Brynford governors supported amalgamation as it could result in capital investment through the 21^st Century Schools programme.  However, Lixwm governors preferred a federation which would ensure that Lixwm would remain in its community.  Attempts to develop a federation did not come to fruition so in January 2018, with no federation to consider, Cabinet determined that the statutory consultation process needed to be undertaken.

            He stressed that throughout the whole process there had been no pre-determination of an outcome and that the Council consulted fairly and openly.  All school reviews were unique and decisions were taken on the merits of the case.  This was evident in previous decisions that had been taken in relation to post 16 provision in Flint and the development of a federation between Ysgol Maes Garmon and Ysgol Mornant.  Many of the triggers in the Council’s School Modernisation Policy were met and the Council had fully complied with the Code in running the consultation process.

            There were genuine concerns on the long term sustainability of small schools in the current economic climate and the Council wanted to ensure that governors could still afford to put teachers and support staff in classrooms to support learners.  It was on that basis that he said the status quo was not a viable options.  Given the view of the Cabinet Secretary for Education on the need to protect small and rural schools he called upon Welsh Government (WG) to provide greater clarity on their developing policy for small and rural schools, including the definition of ‘rural’ and their rationale for the classification of Flintshire schools under that policy.  In addition he asked WG what the funding intentions were for small and rural schools if it was such an important policy to them so that Councils, like Flintshire, could be confident that those schools would get the resources they needed to remain sustainable in the future.

            The Chief Officer (Education and Youth) explained that the pupil numbers in both schools were below the recommended requirement for a sustainable small school.  In both schools almost half of the children came from outside the local area leaving unfilled spaces elsewhere.

            Federation was initially rejected by all of those involved in the first stage of the consultation process.  Lixwm since favoured that option in order to protect their  ...  view the full minutes text for item 188.

(a)       That Cabinet agree not to proceed with a review of Welsh Medium transport entitlement policy or of Denominational transport entitlement policy at this time;

(b)       That Cabinet opens a review of Post-16 transport entitlement and of Benefits entitlement policies; and

(c)        That Welsh Government be asked to include nursery education within the review of the Welsh Learner Travel Measure.

Councillor Roberts introduced the Home to School Transport – Policy Review report which had not been reviewed for some time.

                        There was no pre-determined view on the policy which needed to be fair, equitable and sustainable for the future.  Any review would be a neutral act and would explore need, the rights and expectations of learners and not just cost and affordability.  There were no proposals to introduce charges as part of the report before Cabinet Members.

                        The Council’s commitment to Welsh Medium education and its growth was unequivocal and any policy needed to support and not be in conflict with that objective.  The Council was proud of the fact that its Welsh in Education Strategic Plan (WESP) had been approved by Welsh Government (WG).   The Council was also clear that access to faith education had to be facilitated by accessible and affordable transport.

                        Coleg Cambria and the Council needed to consider, as partners, a fair, consistent, sustainable and affordable policy for transport access to post-16 education for the future.  Many other local authorities had already made policy changes in this area.

                        He did not recommend that a review of Welsh Medium transport entitlement be undertaken or Denominational transport entitlement at this time.  He did propose that a review be opened on a review of Post-16 transport entitlement and of Benefits entitlements policies.  Those reviews had no pre-determined outcome and the consultation process would take into account all stakeholder views and risk factors.  Cabinet would receive a full report on the consultation process in due course.

                        Flintshire was a low funded Council and needed sufficient funding to maintain the transport subsidies it provided.  He called upon WG to prioritise investment in education in the Welsh Budget and the Local Government Settlement from 2019/20, particularly in support of the shared aspiration to increase the number of Welsh Medium learners in North East Wales.  This was supported by Councillor Bithell.

                        Councillor Thomas commented on news reports which had been untrue and were not helpful to the public.  She proposed that WG should also be asked to include and fund nursery education within the Welsh Learner Travel Measure which was supported.

                        The Chief Executive added that the case had been made by the Welsh Local Government Association that any new responsibilities, such as increasing the number of Welsh Medium learners, should come with the required funding from WG.

            RESOLVED:

(a)       That Cabinet agree not to proceed with a review of Welsh Medium transport entitlement policy or of Denominational transport entitlement at this time;

(b)       That Cabinet opens a review of Post-16 transport entitlement and of Benefits entitlement policies; and

(c)        That Welsh Government be asked to include and fund nursery education within the review of the Welsh Learner Travel Measure.

As detailed in the recommendations.

Councillor Mullin introduced the Council Plan 2018/19 report which highlighted objectives and actions to achieve within each priority and referenced national issues which could impact on or prevent achievement of the Councils priorities. 

            A Member workshop and the Corporate Resources Overview and Scrutiny Committee had provided challenge and overview of the contents and more detailed targets and milestones.

RESOLVED:

            (a)       That the Council Plan 2018/19 be endorsed for recommendation for

adoption by the County Council; and

            (b)       That the Chief Executive be authorised, in consultation with the Leader

of the Council, to finalise the format and presentational style for the

published version.

As detailed in the recommendations.

The Chief Executive introduced the Growth Vision and Strategy for the Economy of North Wales: Governance Agreement report which covered the first stage of the Governance Agreement.

            A Governance Agreement was required to formalise the constitutional arrangements and confer decision-making powers to the Board within prescribed limits.  The first stage of the Bid development was the preparatory and development stage which would run until mid-2019.  The second stage which was post agreement of the Bid, would be the Bid implementation and delivery stage and would run from mid-2019.

            The report did not attempt to present the content of the developing Growth Deal Bid in depth as its prime purpose was to present the Governance Agreement for adoption.  The Economic Ambition Board would agree a Strategic Proposition for the Bid at its meeting on 15^th July and that would be made available to the memberships of the partner bodies once finalised.

            The Chief Officer (Governance) explained that the Governance Agreement unusually required approval by both Cabinet and County Council and it was on the agenda for County Council that afternoon.

            In response to a question from Councillor Thomas, the Chief Executive explained that reserved matters protected local democracy and there would be a lot of informal engagement taking place.

RESOLVED:

(a)       That progress on the development of a Growth Deal Bid be noted and welcomed;

(b)       That the first stage Governance Agreement be approved subject to the full Council’s approval of the non-executive arrangements;

(c)        That the Council be presented with the final draft Growth Deal Bid for review and consent in September/October prior to the stage of reaching Heads of Terms with both Governments;

(d)       That delegated authority be given to the Chief Executive and Chief Officer (Governance), in consultation with the Leader of the Council, to finalise the terms of the Governance Agreement in accordance with the draft attached to the report; and

(e)       That the executive arrangements contained with the Governance Agreement be included in the Constitution and that Council be requested to include the non-executive arrangements within the Constitution.

As detailed in the recommendations with the inclusion of:

(c)        That the Cabinet Member for Corporate Management and Assets be the anti-slavery champion.

Councillor Mullin introduced the Code of Practice on Ethical Employment in Supply Chains report following the production of the document by Welsh Government (WG), to improve the procurement practice in Wales and secure greater social benefit from public expenditure.

            The Chief Officer (Governance) explained that the Code aligned with the Council’s own practices and beliefs as a social responsible and ethical organisation.  It was challenging in places and the Council had undertaken an impact assessment of the Code; 32 of the 34 processes necessary to implement the commitments were either in place already or could be implemented.  The Code set some commitments that may not be achievable and details were contained in the appendix to the report.

            Councillor Thomas asked who the Anti-Slavery champion was and Councillor Mullin volunteered.  In response to a further question, the Chief Officer (Governance) explained that the Council already had the arrangements in place through its Contract Procedure Rules and procurement practices to prevent its suppliers utilising many of the practices.

            RESOLVED:

(a)       That the Code in partnership with the recognised Trade Unions be adopted.  Flintshire embraces the principles which underpin the Code as a socially and responsible and ethical public body;

(b)       That the Code be implemented as far as is practicable and affordable, with an action plan to be developed in partnership with the local recognised Trade Unions; and

(c)        That the Cabinet Member for Corporate Management and Assets be the anti-slavery champion.

As detailed in the recommendation.

Councillor Bithell presented the Response to Welsh Government Consultation on Proposals to Temporarily Dis-Apply Paragraph 6.2 of Technical Advice Note 1 (TAN1) report as Welsh Government (WG) were seeking views.

            The result of dis-applying the paragraph would reduce the weight attached to the lack of a five year land supply when considering applications for speculative housing development and would be a temporary measure whilst a fundamental review of the way housing was delivered in Wales was carried out by WG.

            It would go some way to alleviate some of the extreme pressure the Council and its communities were currently faced with in having to accept speculative developments.  The proposal was fully supported and the emphasis in responding to WG was to ensure a wide ranging and comprehensive review was progressed as soon as possible.

            The Chief Officer (Planning, Environment and Economy) said the proposal had been fully supported at Planning Strategy Group.  He added that it was frustrating that the Cabinet Secretary had not used her powers to immediately implement her intention to dis-apply paragraph 6.2 in order to progress the call for evidence as a priority.  However he welcomed the opportunity to respond in support of the intention.  The closing date for comments was 21^st June and he requested that individual Members also respond direct.  The proposed response was outlined in the report which was supported.

RESOLVED:

            That the basis for a response to go to Welsh Government as set out in the report be approved.

As detailed in the recommendation.

The Chief Executive introduced the Theatr Clwyd Capital Project report which provided an update on progress with Welsh Government (WG) and recommended the release of the money allocated in the capital programme for the detailed design and development work.  He introduced Liam Evans-Ford who was the Executive Director at the Theatr to the meeting.

            The funding package for the preferred scheme was estimated at £22m from WG, £5m from the Arts Council of Wales and £3m locally, with £1m identified as being from the Council.  The Arts Council of Wales had allocated funding for the detailed design and development work, and more recently a further £5m for the full capital project.  The Council had allocated match funding within the capital programme to carry out the detailed design and development work, conditional upon reassurance from WG about their funding contributions.

            Liam Evans-Ford said the funding from the Arts Council of Wales was the largest allocation it had given which demonstrated its commitment to Theatr Clwyd being a hub for the arts.  The main driver for the scheme was to open up the Theatr more to the local communities and this was already making progress.  Councillor Butler welcomed the report and said it was central hub for communities including disadvantaged groups.

RESOLVED:

That based on the encouragement of the Arts Council of Wales and the Welsh Government, the Council agrees to proceed with the detailed design and development work for the Theatr Clwyd capital project and release of the funding allocated in the capital programme to achieve this.

As detailed in the recommendation.

The Chief Executive introduced the 2017/18 Performance Overview report which provided details of the Council’s performance in 2017/18, taking into account the Council Plan aims, objectives and measures and nationally benchmarked measures, knows as Public Accountability Measures (PAMs).

            Overall performance had been positive, with the majority of measures showing achievement of target and an improving trend during the year.  The report also identified those performance measures which showed a decline in performance, did not meet target by a significant margin, or were nationally in the bottom two benchmarking ‘quartiles’.  Agreed measures in those categories would be monitored for future review and oversight.

            Corporate Resources Overview and Scrutiny Committee had received the report on 14^th June and the Chief Officer (Governance) provided details of the outcomes from that meeting:

·         That the Committee notes and supports the overall positive performance;

·         That the areas of corporate and service under-performance against the Council Plan and the performance measures set for 2017 be noted;

·         That the Committee await the action plan to be published by Cabinet to address any areas of under-performance where they have a RAG status as Red or Amber, with a downturn performance trend; and

·         That Cabinet be informed that performance on rent arrears and appraisals should both be downgraded to Red risks.

RESOLVED:

That the areas of corporate and service under-performance against the Council Plan and the performance measures set for 2017 be noted, and the outline action plans to be received in July.

As detailed in the appendix.

Councillor Attridge presented the Communal Heating Charges 2018/19 report which sought agreement of the proposed heating charges in Council properties with communal heating systems for 2018/19 and 2019/20.

            New communal heating charges were implemented in the summer each year to enable an accurate picture to be gathered on the previous year’s costs and any corresponding surplus or deficit on the heating reserve account.

            The table in the report set out the recommended heating charges based on actual usage in 2017/18, the assumption that costs would increase by 8% in 2019/20 and usage would remain at the same level for the next two years.  Revised charges would be introduced in August to help spread the increased costs to tenants over a longer time period.

            The Chief Officer (Housing and Assets) said that over the years a number of communal schemes had their systems upgraded which resulted in highly efficient, high performing and energy efficient installation.  However further work was needed and this was an ongoing programme of work being delivered through the Welsh Housing Quality Standard.  Two schemes which were currently moving through the work planning phase were the communal systems at Panton Place, Holywell and Glan y Morfa Court, Connah’s Quay.  Upgrade work on those installations was proposed to comment during the current financial year.

RESOLVED:

That changes to the current heating charges at Council properties with community heating schemes be approved.  All changes will take effect from 1^st August 2018.

As detailed in the recommendations.

Councillor Roberts introduced the Flint Foreshore Regeneration report which recommended progress on the Flint Foreshore Feasibility Study and Flint Castle Art Research and Development to a next stage of development.  This included work on detailed design and development of the joint facility, and installation of a major piece of public art at Flint Castle.  Progress would be subject to the other partners’ in the work agreement.

            He thanked the Chief Officer (Strategic Programmes) for the work undertaken on this project which had at times been challenging.  Councillor Butler also paid recognition to the work that Councillor Roberts had also contributed to the project.

RESOLVED:

(a)       That the findings of the feasibility report on the regeneration of the Flint Foreshore be accepted and more detailed work to be progressed, including: detailed design and development; development of the capital funding package; and detailed business planning; and

(b)       That the findings of the Flint Castle Art Research and Development report be accepted and the development of a major piece of public art sited at or around Flint Castle is progressed.

As detailed in the recommendation.

Councillor Thomas introduced the Repairing Potholes and Preparing the Annual Carriageway Resurfacing Programme report which sought approval of the proposed carriageway resurfacing programmes for 2018/19.

            Road and weather conditions determined whether it was cost effective for pothole repairs to be permanent or a temporary fill to remove the immediate danger they posed.  The weather forecast, availability of resources and condition of the network were all considered when planning the appropriate response to defect repairs each week during the winter period.

            Ideally the Council would like to achieve a continuance of the current condition level knows as “Steady State”.  The level of capital investment required to achieve that position was £2,745,680 per year.  That level of investment would simply maintain the condition of the carriageways at the current level and few Councils in Wales achieved investment at that level.  Every effort was made to maximise the available funding and to ensure that it was used to repair the roads most in need of attention.

            The Council’s allocation of Welsh Government (WG) funding for road maintenance schemes together with the Council’s capital allocation were therefore carefully allocated to provide maximum benefits.  All roads were surveyed to develop the programmes for resurfacing, the details of which were appended to the report.

            Councillor Roberts commented on the resurfacing scheduled to take place on the A548 and requested that the signs leading to the A548 have the details shown on them, informing of long delays, to enable drivers to choose an alternative route so that congestion could be kept to a minimum.

RESOLVED:

That the programmes of highway resurfacing works be approved.

As detailed in the recommendation.

Councillor Jones introduced the Social Services Annual Report which set out the improvement journey and evaluated Social Services’ performance in providing services to people that promoted their wellbeing and supported them to achieve their personal outcomes.

            The report would form an integral part of the Care Inspectorate Wales’ (CIW) performance evaluation of Flintshire Social Services and would also inform the Wales Audit Office’s (WAO) assessment of Flintshire County Council as part of the annual improvement report.

            Social and Health Overview and Scrutiny Committee had been given prior opportunity to provide comments and feedback on the draft report which had shaped the key messages and priorities contained within the final draft.

            The draft annual report outlined the improvement priorities identified for 2018/19 which were detailed in the report.

            The Chief Officer (Social Services) said the work that had been undertaken with the care sector and stakeholders had been fundamental and provided information on a joint website, Care@Flintshire, which supported providers in recruitment and retention, training, advertising events, sharing good practice and networking with each other.

            Councillor Jones thanked all of the staff in Social Services and to the leadership for supporting their capital programmes.

RESOLVED:

That the Annual Report be received.

As detailed in the recommendation.

Councillor Attridge introduced the Housing Asset Management, Capital Works – Joint Procurement with Wrexham County Borough Council and Denbighshire County Council for Licensed Asbestos Removal and Remedial Works report. 

The report sought approval to enter into a joint procurement arrangement with Wrexham and Denbighshire Council’s to procure Licensed Asbestos Removal (LAR) contractors, through the Proactis Procurement process.

The evaluation of all tenders would be based on the Most Economically Advantageous Tender (MEAT) considering the following factors, in order of priority: Price 70% and Quality 30%.

RESOLVED:

That the joint procurement of Licensed Asbestos Removal Contractors, with Wrexham County Borough Council and Denbighshire County Council to procure a Framework of contractors to carry out all asbestos related activities be approved.

As detailed in the recommendations.

Councillor Attridge introduced the Approval of Costs for Maes Gwern, Mold, Strategic Housing and Regeneration (SHARP) Scheme which sought approval to progress the next key stages of the scheme and set out proposals to develop 48 new social, affordable rent and shared equity homes at Maes Gwern, Mold.

            The proposed scheme had been designed to reflect a “garden village” theme, with emphasis on the interaction between public and private space and with excellent pedestrian and cycle connectivity to Mold Town Centre.

            The breakdown of the proposed housing mix for the scheme was detailed in the report.

            The Chief Officer (Housing and Assets) commented on the scale of the SHARP programme and explained that the construction of a further 49 new Council properties on five sites in Connah’s Quay, Mold and Leeswood and now been completed and the properties had been let.

            Councillor Bithell welcomed the report but commented that the scheme detailed as Ysgol Delyn, Mold was now called Llys Alexandra which was noted.

RESOLVED:

(a)       That the development of 48 new social, affordable rent and shared equity schemes at Maes Gwern, Mold be approved;

(b)       That funding through Prudential Borrowing to the value of £0.431m (subject to final approval and verification) to be used to fund the proposed development of the Council homes be approved; and

(c)        That the use of shared equity reserves of £0.270m for the affordable element of the scheme be approved.

RESOLVED:

That the press and public be excluded for the remainder of the meeting for the following items by virtue of exempt information under paragraph 14 of Part 4 of Schedule 12A of the Local Government Act 1972 (as amended).

As detailed in the recommendations.

Councillor Mullin introduced the Shared Procurement Service report which sought approval for a further Service Level Agreement with Denbighshire County Council for the delivery of procurement services.

The previous three year Service Level Agreement had now come to an end.

RESOLVED:

(a)       That subject to the changes detailed below, Cabinet give approval to enter into a further three year Service Level Agreement with Denbighshire County Council for the delivery of procurement services; and

(b)       That the following changes are to be made to the service delivery model:

1.    There is a need to promote collaborative procurement where it is appropriate and where it will deliver savings;

2.    Business partners, senior management teams and Chief Officers need to actively engage with each other in order to flag up forthcoming projects and big contracts to plan the procurement route and consider collaboration;

3.    Encourage the delivery of community benefits;

4.    Clear and hard targets for the efficiencies to be achieved through the procurement process must be set

5.    The systems and paperwork are seen to be onerous and need to be reviewed to ensure that they are appropriate for internal purposes and do not become an unnecessary barrier to small firms bidding;

6.    There needs to be a review of experience following the procurement of major contracts;

7.    Chief Officers need to be more involved in agreeing where to strike the balance between potential benefits and procurement process risks; and

8.      There is a need for performance reporting to Cabinet and Corporate Resources Overview and Scrutiny Committee.

As detailed in the recommendations.

Councillor Mullin introduced the Procurement of a New Agency Contract report which sought approval of a recommended supplier for the supply of temporary and agency works to the Council.

                        As part of a mini-competition seven suppliers were invited to tender and three tenders were subsequently submitted.  The recommended supplier submitted the most economically and advantageous tender.

RESOLVED:

(a)       That Matrix SCM be appointed as the supplier of temporary agency staff using the MSTAR2 framework; and

(b)       That the Chief Officer (Governance) be given delegated authority to finalise and enter into an appropriate form of contract with Matrix SCM.

There were 3 members of the press and 22 members of the public in attendance.