Agenda, decisions and minutes

Councillor Derek Butler declared personal interests in the following items:

Agenda Item Number 18 – Welsh Government Consultation on Discretionary Powers for Local Authorities to Increase Council Tax on Second Homes as he was an owner of a second home.

Agenda Item Number 20 – Clwyd Theatr Cymru Business Plan as he was a member of the Clwyd Theatr Cymru Board of Governors.

Councillor Billy Mullin declared a personal interest in Agenda Item Number 15 – Policy for Unadopted Roads as the road he lived on was unadopted.

To confirm as a correct record the minutes of the last meeting.

The minutes of the meeting held on 17 September 2013 had been circulated with the agenda.

RESOLVED:

That the minutes be approved as a correct record.

The Deputy Leader and Cabinet Member for Environment explained that agenda item number 21 would be discussed first as the Cabinet Member for Education needed to leave early to attend a funeral.

            Agenda item numbers 9 and 10 would be discussed after agenda item number 22 as the Cabinet Member for Housing may then be in attendance.

As detailed in the recommendation.

The Cabinet Member for Education provided an update on the progress in developing the Flintshire MusicSchool operating model approved by Cabinet in April 2013.

In April 2013 a new Optimum Service Model for the School Music Service was adopted by Cabinet.  The model allowed schools to select and control the range of services they wished to purchase on an annual basis.

As of 17 September 2013, all high schools had identified their service needs for 2013/14 and it was anticipated that only six primary schools would not use the service during 2013/14.

The Director added that schools had chosen from a wider range of opportunities offered, inclusion guitar and percussion. 

On the financial stability of the service, the Director explained that the current projection on the financial position for 2013/14 was that a minor underspend of £1,500 would result. 

The Chief Executive explained that in 2014/15 the service would have a reduction of £75,000 subsidy from the local authority however he emphasised that this had been provided as a one off subsidy for the transitional period of the changes which would not be needed in subsequent years. 

With the full effect of changes to staffing and the assumption of the schools take up of the service remaining at the current level, it was anticipated that the service would be financially viable.

            RESOLVED:

            That the progress made on implementation of the revised operating model for the School Music Service be noted.

As detailed in the recommendation plus delegated authority be granted to the Chief Executive to make minor amendments to the Annual Performance Report prior to it being submitted to County Council.

The Cabinet Member for Corporate Management introduced the draft Annual Performance Report which met the statutory requirement to publish an Improvement Plan as required by the Local Government (Wales) Measures (2009) (the Measure).

The Chief Executive explained the purpose of the report was to account for the organisation’s previous year’s performance against its Improvement Priorities and that the report must be published by 31 October each year.  The report was due to be considered by County Council on 23 October 2013. 

The following year the report would be published in an easier to read format with additional graphics supporting the Improvement Plan.

An addendum to the report was provided and it was suggested that delegated authority be given to the Chief Executive to make any minor amendments to the report prior to its submission to County Council on 23 October 2013 which was agreed.

RESOLVED:

(a)       That the 2012/13 Annual Performance Report be endorsed for publication; and

(b)       That delegated authority be given to the Chief Executive to make any minor amendments to the report prior to its submission to County Council on 23 October 2013.

As detailed in the recommendations and that a Seminar be held to explain the new arrangements to all Councillors.

The Cabinet Member for Corporate Management introduced the Improvement Plan Monitoring mid year progress report and the performance assessment within the monitoring report.  The following improved ways of reporting were highlighted:

·        Levels of progress and confidence in meeting the Council’s Improvement Priorities and their impacts

·        Intended achievement milestones for strategies and action plans for this year and the longer term

·        Measures which evidenced achievement detailing baseline data for 2012/13, in-year targets, longer term aspirational targets (mostly for 2016/17) and current progress

·        Baseline risk assessments for the strategic risks identified in the Improvement Plan and the arrangements to control them

The introduction of the new style Improvement Plan had presented the opportunity to review and streamline current reporting arrangements.  Reporting arrangements included:

1    Monitoring of the Improvement Plan, starting with this report which would be followed by quarterly updates

2    Twice annually (mid and end of year) performance highlight reports would be presented from the Head of Service.  These would be similar to those previously produced for quarterly reporting with a focus on priorities which were not already covered in the Improvement Plan and would be based on performance exceptions, both good and poor.  This was to ensure that the ‘business as usual’ was still being monitored and reported against.

The Chief Executive added that the report provided the status of current progress being made towards delivery of the impacts for each of the in-year sub priorities set out in the Improvement Plan.  Many of these were previously available in various business planning and strategy documents across the Council but were now integrated fully within the Improvement Plan Summary Monitoring report as an associated document.  An addendum to the report was provided.

He emphasised the significance of the use of the RAG progress status and said the Council was very challenging when each of the priorities were considered.  He gave examples of how the current financial situation would affect the status of some priorities and how a number of projects were moving forward, such as Single Status, which resulted in a number of green statuses emerging.

The Cabinet Member for Public Protection, Waste and Recycling suggested that a Seminar be provided for Members to explain the Improvement Plan and the reporting process which was agreed.

RESOLVED:

(a)       That the 2013/14 Improvement Plan mid year progress report be endorsed;

(b)       That the performance assessment within the monitoring report be endorsed;

(c)        That the following be endorsed:

·        Levels of progress and confidence in meeting the Council’s Improvement Priorities and their impacts

·        Intended achievement milestones for strategies and action plans for this year and the longer term

·        Measures which evidence achievement detailing baseline data for 2012/13, in-year targets, longer term aspirational targets (mostly for 2016/17) and current progress

·        Baseline risk assessments for the strategic risks identified in the Improvement Plan and the arrangements to control them; and

(d)       That a Member Seminar be arranged to explain the Improvement Plan and the reporting process.

As detailed in the recommendations.

The Deputy Leader and Cabinet Member for Environment welcomed Mr Huw Lloyd Jones and Ms Karen Lees from the Wales Audit Office (WAO) to the meeting.

Mr Jones explained that under the Local Government (Wales) Measure 2009 (the Measure) the WAO was required to report their audit and assessment work in relation to whether Flintshire Council had discharged its duties and met the requirements of the Measure.  He then presented the key points from the Improvement Assessment Letter which would be updated by the end of November 2013.

In closing, Mr Jones said there were no proposals for improvement in the letter.  He also commented on the positive relationship the WAO had with Members and officer of the Council. 

In response, the Chief Executive said the WAO Improvement Assessment Letter was a fair, evidenced and agreeable summary of the position of the Council with the letter being a positive endorsement of a transitional year for improvement planning supported by strong governance.

The Chief Executive provided details of the Executive Response, in particular commenting on meeting Welsh Government guidance and measuring objectives.  The Council had considerable underpinning background documentation within which measures and targets for achieving the priorities objectives were set.  Whilst it was accepted that this was not published in a single place alongside the Improvement Plan, it was important to note that 2013 was a transition year where the Council overhauled improvement planning to make it more meaningful and from 2014 this would be corrected.

On public engagement and consultation, the Chief Executive gave examples of recent consultation exercises on housing and schools issues. 

In response to the comments on the Council’s ability to deliver its improvement objectives, particularly on the plans which identified, in sufficient detail, the sources of efficiency savings or service cuts to meet the funding gap not being in place, the Chief Executive explained that processes were being improved whilst dealing with the financial cuts which had been announced the previous week.

On the Annual Governance Statement, the Audit Committee had agreed further improvements to the process of developing the Statement which would involve greater Member involvement.

RESOLVED:

(a)       That the Regulatory Programme for Performance Audit of the Wales Audit Office (WAO) for the period April 2013 to March 2014 be accepted;

(b)       That the Council’s Improvement Assessment Letter received from the Auditor General for Wales be received; and

(c)        That the report be noted and the Council’s Executive response be agreed.

As detailed in the recommendations.

The Chief Executive introduced the updated Medium Term Financial Plan (MTFP) 2014/15 to 2018/19 which also set out key dates in the budget planning process for 2014/15. 

The Head of Finance outlined that the second revision of the MTFP set out the financial position on the best known information available as at 30 September which identified a budget gap to be met from efficiencies of £16.5m in 2014/15 and £47.8m over the coming five years.

Since the paper had been finalised the draft Welsh Government (WG) budget had been announced on 8 October 2013 and the provisional local government settlement was expected to be received on 16 October 2013.  The prospects around the level of funding that would be available to local government in 2014/15 had worsened considerably in recent months and potentially could get worse.  It was likely that when the settlement was received it would not include details of specific grants, details of which may not be known until the New Year. 

The Head of Finance went on to set out the assumptions of the MTFP about inflation, investment in services experiencing demand and the follow through of costs and efficiencies in the current year.

The outcome of the provisional settlement and updates to costs and efficiency measures would be incorporated into revisions to the financial forecast which would be ongoing over the coming months as part of the budget process for 2014/15.

The Chief Executive then went on to set out the organisational change strategy to meet the efficiency and savings targets.  The projected revenue gap of approximately £50m over the five year period to 2018/19 would result in the Council undergoing a major structural review consisting of:

·        Corporate Efficiency: assets, customer, finance and procurement;

·        Functional Efficiency: value for money in all service and support functions;

·        Organisational Design – Structure and Operating Models: functional and structural design including service alignment and management structures, Council and service operating models and alternative delivery models;

·        Organisational Design – Workforce: workforce planning, phased workforce reduction, vacancy management and costs of employment

There would inevitably be services changes and consultations would take place on services such as libraries and leisure.

The organisational change strategy would require strong, positive and effective leadership and governance, programme management and investment capacity and capability.

The Flintshire Futures Programme with its four sub-programmes of (1) corporate change (2) service review led functional change (3) regional collaboration and (4) local collaboration had been successful to a point in changing and improving the organisation however it was not of a scale to meet the changing financial challenge.

The Chief Executive emphasised the scale of the challenge facing the Council.  Detailed work would take place with Members, officers and external consultants for specific selective areas, where required.

The Head of Finance explained the timetable of the budget planning process for 2014/15, details of which were in the report.  Regular update reports would be submitted to Cabinet on revisions to the forecasts.

RESOLVED:

(a)       That the Medium Term Financial  ...  view the full minutes text for item 93.

As detailed in the recommendation.

The Cabinet Member for Corporate Management introduced the mid year overview of the progress of the Strategic Partnerships and the priorities for each of the Strategic Partnerships and the key milestones for the year ahead.

Under the Terms of Reference, the Local Service Board had five principal roles which were detailed in the report as were the eight key Strategic Partnerships that worked alongside the LSB.

The Chief Executive explained that the Single Integrated Plan (SIP), which would replace the following existing plans, would be presented to the LSB at its meeting in October prior to being presented to Cabinet before final publication in the New Year:

·        Flintshire CountyVision – 2009 to 2019

·        Making a Positive Difference Plan – 2011 to 2014 (Children & Young People’s Partnership)

·        Community Safety Strategic Plan – 2011 to 2014

·        Good Health, Good Care Strategy – 2011 to 2014 (Health, Social Care and Well-being Partnership)

The Council had been involved in a regional review to rationalise partnerships and were a key player in the North Wales Partnership Review which had previously been reported to Cabinet.

RESOLVED:

That the performance of the Strategic Partnerships be noted and the key priorities and the work programme be endorsed.

As detailed in the recommendation.

The Cabinet Member for Social Services introduced the plan for the provision of accommodation and support to people with a learning disability in Flintshire over the next five years.

The vision was that people with a learning disability would have a range of different types of accommodation available to them, and that through individualised support planning, they would be enabled to be as independent as possible with enough support to promote their wellbeing and ensure that they were safe.

RESOLVED:

That the implementation of the Learning Disabilities Commissioning Strategy be supported.

As detailed in the recommendation.

The Cabinet Member for Social Services presented information on the future proposed Regional Safeguarding structures.

Four options had been considered for North Wales, details of which were provided in the report, with option 4, a two tier – North Wales Adult Safeguarding Board, being the preferred option.

RESOLVED:

That the proposed regional model to change the current arrangements for adult safeguarding across North Wales implementing the preferred option, a Two-tiered North Wales Audit Safeguarding Board, be endorsed.

As detailed in the recommendations.

The Director of Environment introduced the policy which defined the type of street furniture which would be approved for use on the Adopted Highway to ensure a co-ordinated and consistent approach throughout the County. 

Street furniture could be any item placed on the Adopted Highway for the benefit of the highway user and could include litter bins, seats, flower containers and advertisements.

In addition, the Council received numerous applications each year to place temporary obstructions on the public highway, such as skips, scaffolding and hoardings. 

The adoption of a clear policy would ensure that the Council complied with the statutory requirements of both the Highways Act 1980 and the Town and Country Planning (Control of Advertisement) Regulations 1994.

The report had been submitted to Environment Overview and Scrutiny Committee on 9 October 2013.  Members were supportive of the policy and recommended two additions which had been included in the draft policy.

RESOLVED:

(a)       That the policy for the placement of street furniture on the Adopted Highway Network be approved;

(b)       That delegated authority be granted to the Director of Environment to determine all requests and actions under the attached policies; and

(c)        That delegated authority be granted to the Director of Environment to produce defined criteria for the placement of temporary obstructions on the highway

As detailed in the recommendations.

The Cabinet Member for Public Protection, Waste & Recycling introduced the Environmental Enforcement Policy – Managing the Local Environment Well, for implementation within Flintshire. 

The aim of the policy was to improve Flintshire’s local environmental quality by reducing environmental crime across the County.  The policy would assist in the achievement of Managing the Environment Well, which was one of the Council’s objectives.

The report also sought approval for the adoption of statutory powers to deal with abandoned shopping trolleys under Section 90 and Schedule 4 of the Environmental Protection Act 1990 as amended by the Clean Neighbourhood and Environment Act 2005.

All of the issues in the policy were of great importance in creating and maintaining a clean and safe Flintshire.  Prevalent issues would be prioritised collectively with key partners, such as:

·        Domestic refuse bags dumped on streets outside of collection times

·        Abandoned supermarket trolleys

·        Fly posting in town centres

·        Irresponsible dog ownership

·        Litter in high street areas

·        Fly tipping and illegal dumping of waste

All age groups would be approached through the work and corrective action of the policy, however Fixed Penalty Notices would only be issued to persons over the age of 16.  Offenders below that age would have details logged and parents/guardians would be contacted to tackle unacceptable actions within the community.

            RESOLVED:

            (a)       That the policy be approved for implementation in Flintshire; and

(b)       That the Statutory powers to deal with abandoned trolleys under Section 99 and Schedule 4 of the Environmental Protection Act 1990 be adopted.

As detailed in the recommendation.

The Director of Environment introduced the policy for un-adopted roads across the County.

There were a number of roads in the County which were un-adopted with residents unsure of their maintenance responsibilities and the process that should be followed in order to bring the road to an adoptable standard.  The lack of a clear policy caused frustration for residents and for the staff dealing with requests from residents for maintenance work to be carried out on those roads.  The approach detailed in the policy would provide an effective mechanism for dealing with private streets.

RESOLVED:

That the policy for Private Street adoptions and the interim maintenance arrangements on these un-adopted roads, as set out in paragraphs 3.06 to 3.11 be approved.

As detailed in the recommendations.

The Head of Finance provided the most up to date revenue budget monitoring information (Month 4) for the Council Fund and the Housing Revenue Account (HRA) in 2013/14. 

The projected year end position on the Council Fund, as estimated at Month 4 was:

·        Net in year expenditure forecast to be £1.247m less than the budget (a decrease of £0.818m on the £2.065m reported at Month 3)

·        Projected contingency reserve balance at 31 March 2014 of £3.888m

The projected year end position on the HRA, as estimated at Month 4, was:

·        Net in year expenditure forecast to overspend the budget by £0.260m (£0.043m overspend reported at Month 3)

·        Projected HRA balances at 31 March 2014 of £1.174m

The Month 3 budget monitoring report had indicated that as part of the commitment to strengthen financial management and formal reporting, the presentation of significant variances would be revised to tie in clearly with the table detailed in paragraph 3.01 of the report.

The report provided details on the programme of efficiencies, the financial risk arising from the Council’s role with the the former chemical plant (Euticals Ltd), inflation, assumptions and new risks and unearmarked reserves.

The Chief Executive stressed the importance of achieving the planned efficiencies for 2013/14, full details of which were included in appendix 9 to the report.  On the former chemical plant, Euticals, a meeting had taken place the previous day with partners on the clearance of the site and talks were ongoing with the Welsh Government (WG) on the request for financial support.

RESOLVED:

(a)       That the report be noted;

(b)       That the projected Council Fund contingency sum as at 31 March 2014 be noted; and

(c)        That the projected final level of balances on the Housing Revenue Account be noted.

As detailed in the recommendations.

The Head of Finance provided information on the Month 4 (end of July) capital programme information for 2013/14 which detailed the cumulative information relating to each programme as shown in appendix A to the report.  The format of the report had been updated and this was welcomed by Members.

In recent years there had been issues with the realisation of capital receipts required to fund the capital programme.  This had led to a shortfall in funding which impacted on the Council’s ability to fulfil its capital obligations.  Therefore, in a prudent approach at the County Council meeting on 1 March 2013, it was decided to hold back 20% of the core Council Fund programme pending the realisation of the appropriate level of capital receipts.

Changes during the period, details of which were included in the report, had resulted in a net decrease in the programme total of £1.639m (Council Fund - £1.639m, Housing Revenue Account (HRA) £0.0m).

Actual expenditure at the end of July (Month 4) across the whole of the programme was £6.101m.  The breakdown of expenditure was detailed in the report which showed that 13.29% of the budget had been spent across the programme (Council Fund – 12.24%, HRA 16.22%).

The report also showed that there was a projected outturn of £44.129m.  On the Council Fund there was a projected underspend against budget of £1.534m and for the HRA a projected underspend of £0.242m.  Details of the variances for individual programme areas were listed in appendix B to the report, which included the reasons and the required remedial action where those variances exceeded 10% of the budget.

RESOLVED:

(a)       That the report be noted and approved;

(b)       That the continued holding back of 20% of the core programme be approved; and

(c)        That the rollover adjustments be approved.

As detailed in the recommendations.

The Cabinet Member for Corporate Management provided information on a Welsh Government Consultation which sought views on the policy and practical considerations of giving Local Authorities a discretionary power regarding the council tax they could apply to second homes. 

A definition of a second home could be determined to be all domestic properties which were not someone’s main residence, including empty properties.  The term did not just apply to holiday homes or homes which were only occupied for part of the year.

RESOLVED:

(a)       That the principals of the proposals be supported and senior officers be authorised to respond appropriately to the consultation; and

(b)       That the recommended responses be approved.

As detailed in the recommendations.

The Cabinet Member for Economic Development provided information on the allocation of funding to streetscape projects in Flintshire town centres as part of the Town Action Plan programme.

                        Projects had been developed as part of the wider masterplanning process following consultation with local stakeholders, the main three themes being:

·        Improving the image and appearance of town centres

·        Encouraging investment

·        Attracting customers

Details of the proposed allocations were outlined in the report.

            RESOLVED:

            (a)       That the proposals be approved; and

(b)       That delegated authority be given to the Director of Environment, following consultation with the Cabinet Member for Economic Development, to allocate the residual £146,500 as deemed appropriate within the funding allocated.

As detailed in the recommendation subject to approval of the business plan being no confirmation of annual revenue funding beyond 2014-15 given the uncertainties over local government and national arts funding in Wales. 

The Cabinet Member for Corporate Management presented details of the Business Plan as recommended by the Theatre Board of Governors.

            The Chief Executive explained that as part of the governance arrangements, the Board was required to submit its annual business plan to the Council’s Cabinet and the Arts Council for Wales for approval and endorsement.

            In 2012 the gross income was £5.2m, part of which was £1.052m funded by the Council.

In view of the financial future of the Council, the Chief Executive said a public debate needed to take place to determine if the Council could continue to sustain its financial contributions to the Theatre from 2015 onwards.  The issue had already been discussed at a recent Board of Governors meeting.

The Theatre was highly valued and was one of the top clients of the Arts Council for Wales and its value and importance was not underestimated.  However, it was not a statutory requirement for the Council to have a theatre and due to the pressures, any non-core programmes would be under pressure.

RESOLVED:

That the Business Plan as recommended by the Theatre Board of Governors be endorsed.

(a)       That urgent work be commissioned to develop the legal and governance model for the company; and

(b)       That officers report back to Cabinet and the Housing Overview and Scrutiny Committee with detailed proposals for establishing the company.

The Director of Community Services introduced the report which provided details on potential long term strategic aspirations for the Council and its housing service offer.  Approval was sought, in principal, subject to full risk analysis and governance advice, to the establishment of a Housing Company “Flintshire Homes and services”, that could be instrumental in delivering the vision. 

            An Overview and Scrutiny Seminar took place on 11 October 2013, to which all Members of the Council had been invited where future proposals and governance arrangements were explored in more detail.  Following that meeting, there was a suggested change of wording to the recommendations as printed in the report, which was agreed as detailed below.

            The Chief Executive commented on the incorrect article that had appeared in a newspaper the previous week and thanked the editor for the correction.  The Cabinet Member for Public Protection, Waste and Recycling suggested that an article be placed in the next issue of Housing News to clarify the position with residents.

RESOLVED:

(a)       That urgent work be commissioned to develop the legal and governance model for the company; and

(b)       That officers report back to Cabinet and the Housing Overview and Scrutiny Committee with detailed proposals for establishing the company.

As detailed in the recommendations.

The Director of Community Services outlined the next steps in progressing delivery of the Housing element of the Flint Town Centre master plan, including seeking approval of the following: 

·        For the use of Compulsory Purchase Order (CPO) powers in necessary

·        To develop firm proposals to resolve Clwyd Alyn’s interest in 5 maisonettes

·        For firm proposals to be developed for approval to progress the new housing development

RESOLVED:

(a)       That the development brief be approved so it can be adopted as supplementary planning guidance;

(b)       That the use of Compulsory Purchase Order (CPO) powers be agreed if necessary;

(c)        That delegated authority be granted to the Cabinet Member for Housing along with the Head of Housing and Head of Assets and Transportation to develop and implement a mutually agreed land transfer at no detriment to the Council to resolve Clwyd Alyn Housing Association’s interest in 5 maisonettes; and

(d)       That it be noted that final proposals for developing the c180 new homes in Flint will be brought to a future Cabinet for approval.

Report of the Chief Executive enclosed.

An information report on the actions taken under delegated powers was submitted.  The actions were as set out below:-

            Corporate                             Business Rates – Write Offs

            Lifelong Learning               Flintshire Futures: Authorisation of expenditure on

Contact Centre and extension of corporate phone system to Leisure Centres

To exclude the press and public for the remainder of the meeting.

RESOLVED:

That the press and public be excluded for the remainder of the meeting for the following items by virtue of exempt information under paragraphs 12, 14 and 15 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).

As detailed in the recommendation.

The Director of Education provided an update on the implementation of the Association of Public Service Excellence (APSE) report recommendations commissioned in 2011/12 and ongoing work commissioned as part of the Assets work stream of Flintshire Futures.  

RESOLVED:

That the proposed changes be approved and delegated authority be granted to the Chief Executive, the Director of Lifelong Learning and Head of Human Resources and Organisational Development in consultation with the Cabinet Portfolio Member, to consider any representations made during the consultation process and agree to implement finalised structures within the budget limits as set out in the report.

As detailed in the recommendation.

The Director of Environment introduced the report which sought approval for the disposal of parts of the estate

RESOLVED:

That the disposals at the estimated values shown, on terms agreed by the Director of Environment in conjunction with the Head of Legal and Democratic Services, be approved.

As detailed in the recommendation.

The Cabinet Member for Corporate Management introduced the report which sought authorisation to write off a sundry debt relating to accrued farm rent for a tenant farmer who had been declared bankrupt

RESOLVED:

That the write off of £32,000 be approved given that there is no longer any prospect of recovering the unpaid farm rent.

There were 3 members of the press in attendance.