Agenda, decisions and minutes

Councillors Bernie Attridge, Chris Bithell, Helen Brown, Kevin Jones and Aaron Shotton declared personal interests in Agenda Item Number 7 – Clwyd Pension Fund – Funding Strategy Statement and Impact for Flintshire County Council as they were members of the Clwyd Pension Fund.

Councillor Christine Jones declared a personal and prejudicial interest in Agenda Item Number 13 – Flying Start Update as her granddaughter attended a Flying Start Project.

Councillors Bernie Attridge, Helen Brown, Chris Bithell, Derek Butler, Christine Jones, Kevin Jones and Aaron Shotton declared personal interests in agenda item number 14 – School Admission Arrangements 2015 as they were School Governors.

Councillor Aaron Shotton declared personal interests in the following items as a local Member for an adjoining ward and due to the raising of concerns previously relating to emissions:

·        Agenda Item Number 17 – North Wales Residual Waste Treatment Project – Overview Report

·        Agenda Item Number 18 – North Wales Residual Waste Project – Annual Budget

·        Agenda Item Number 19 – North Wales Residual Waste Treatment Project – 2^nd Inter Authority Agreement

·        Agenda Item Number 20 – North Wales Residual Waste Treatment Project – Appointment of Preferred Bidder

Councillor Bernie Attridge declared personal and prejudicial interests in the following items due to his opposition from the outset of an incinerator in Deeside:

·        Agenda Item Number 17 – North Wales Residual Waste Treatment Project – Overview Report

·        Agenda Item Number 18 – North Wales Residual Waste Project – Annual Budget

·        Agenda Item Number 19 – North Wales Residual Waste Treatment Project – 2^nd Inter Authority Agreement

·        Agenda Item Number 20 – North Wales Residual Waste Treatment Project – Appointment of Preferred Bidder

To confirm as a correct record the minutes of the meeting held on 18 February 2014.

The minutes of the meeting held on 18 February 2014 had been circulated with the agenda.

RESOLVED:

That the minutes be approved as a correct record.

As detailed in the recommendations.

The Chief Executive introduced the Quarter 3 Improvement Plan monitoring reports for the period October to December 2013.

The monitoring reports gave an explanation of the progress being made towards the delivery of the impacts set out in the Improvement Plan.  The narrative was supported by measures and / or milestones which evidenced achievement.  In addition, there was an assessment of the strategic risks and the level to which they were being controlled.

A total of 24 sub-priority reports had been completed which were summarised in the report.

Appendix 1 to the report provided a summary against each Improvement Plan priority of the Red, Amber and Green (RAG) status for each high level activity, measure and risk with copies of the more detailed quarter 3 Improvement Plan monitoring reports being available on request. 

The Improvement Priorities were monitored by the appropriate Overview and Scrutiny Committee according to the priority area of interest.

            RESOLVED:

            (a)       That the performance, risks and actions be reviewed; and

            (b)       That the following be noted:

·        The levels of progress and confidence in the achievement of key activities which seek to deliver the impacts of the Improvement Plan;

·        The performance against improvement plan measures and the predicted level of performance for year end; and

·        The current (net) risk levels and targeted risk levels for the risks identified in the Improvement Plan and the arrangements to control them

As detailed in the recommendations.

The Deputy Leader of the Council and Cabinet Member for Environment introduced the report which sought approval for the formation of a Joint Committee for the Clwydian Range and Dee Valley Area of Outstanding Natural Beauty (AONB).

Denbighshire County Council had been the Lead Authority for the AONB since 1996 and would continue to be the Lead Authority for the Joint Committee and would provide the Secretary and Treasurer.

The Joint Committee would be made up of six Cabinet Members, two from each Local Authority, Denbighshire, Flintshire and Wrexham, and a Secretary and Treasurer.  The Joint Committee would be fully supported by an AONB Partnership, an officer Working Group and an Annual Forum.  The proposed structure was detailed in the draft Legal Agreement which was appended to the report. 

The Director of Environment explained that it would be recommended to the Joint Committee, that in a time of general reductions in spending, that the Joint Committee be asked to keep the overall cost, and therefore the contribution made by Flintshire, to the minimum necessary for the effective working of the Committee.

RESOLVED:

            (a)       That the setting up of a Joint Committee be approved;

(b)       That the Joint Committee arrangements as set out in the Draft Legal Agreement appended to the report, excluding any financial commitments above current levels and amendments to the period of notice provided prior to withdrawal from the Joint Committee, be approved; and

(c)        That, at this stage, it be approved that the Deputy Leader and Cabinet Member for Environment and the Cabinet Member for Economic Development be initially nominated to represent the Council.

AMENDED RECOMMENDATIONS AGREED:

(a)       That Cabinet recognises the developed governance and operational arrangements in the schools’ recent business case submission and is assured that the final information within the case demonstrates a workable model between the schools and therefore the collaboration will be supported by the Local Authority;

(b)       That the collaboration will be subject to an annual review process (agreed with the schools during consultation) to ensure to the Governing Bodies’ and Local Authority’s satisfaction that the arrangements are resilient and achieving the opportunities and outcomes that young people deserve; and

(c)        That further work should be undertaken to ensure that admissions and transport arrangements are equitable between Community Secondary Schools in the area and to support post 16 planning and partnerships.

The Cabinet Member for Education provided details of the responses to the consultation on the options for post-16 provision in the Flint area and outlined the process for evaluating the options.  He explained that copies of the Frequently Asked Questions for FlintHigh School and St. Richard Gwyn Catholic High School had been handed out.

The current post-16 provision located in Flint was separate Sixth Forms serving the two school communities.  In September 2013 the two schools launched an informal collaboration between FlintHigh School and St. Richard Gwyn Catholic High School, known as the Flint 6.

In accordance with the Welsh Government (WG) approved business cases for transformation of post-16 education in Flintshire, the new Sixth Form Centre at Connah’s Quay was scheduled to be opened in September 2016.  This would provide the whole curriculum on one site, and would be the designated destination for post-16 students from Holywell, Connah’s Quay, Shotton and Queensferry.  An independent Gateway Review in the Autumn of 2013 supported the state of readiness for implementation.

The presence of a new high quality provision would be expected to have an impact on student preferences and heightened the need for appropriate strategic planning by other providers.

In recognition of the different ethos of FlintHigh School as the local community school and the Catholic ethos of St. Richard Gwyn, which served the whole County, a different set of options for each school was presented at the consultations.  The consultation options for both schools were detailed in the report with the vast majority of respondents finding the collaboration with FlintHigh School and St Richard Gwyn to the most acceptable option.

In the consultations, the majority of respondents were students of the schools.  The responses from both school consultations and the dedicated consultation with young people strongly supported development of collaborative arrangements of post-16 provision between the schools. 

Letters sent from the Town Council and individuals echoed the messages in the main response in that the new collaborative arrangement between the two schools was felt to be a positive move and that it would need time to prove itself.

Issued had been raised over pastoral care and the Cabinet Member explained that pupils traditionally attended College for a variety of courses, particularly vocational courses, and Coleg Cambria had a well developed pastoral system and was a centre for the provision of courses to particularly vulnerable students.

Meetings had taken place with staff, Governors and parents at the two schools in December 2013, with wide distribution of the written consultation documents.  Full details of the responses were outlined in the report.

On any proposal for school organisational change, the key test was whether it had realistic proposals of securing better opportunities and outcomes for learners, together with greater resilience and efficiency. 

The Director of Lifelong Learning explained the importance of focussing on what was wanted for children and young people such as good opportunities and outcomes and an education system that was high on equity and high on  ...  view the full minutes text for item 190.

As detailed in the recommendation.

The Corporate Finance Manager provided an update on the Clwyd Pension Funding Strategy Statement and the impact on the budget for Flintshire County Council in 2014/15, 2015/16 and 2016/17 following the triennial Actuary Valuation.

In paragraph 3.05, the figure should read £617m and in paragraph 3.06, the figures should read £377m and £617m.

RESOLVED:

That the report be noted.

As detailed in the recommendation.

The Chief Executive provided an update on the latest position on Welfare Reform.

The report provided full details on the Benefit Cap, Maximum Rent Social Sector, Council Tax Reduction Scheme, Discretionary Assistance Fund, Personal Independence Payments, Universal Credit, Discretionary Housing Payments, Welfare Reform Training and Development Programme, Welfare Reform Response Team and Flintshire Council Tenants impacts.

Members expressed their thanks to officers involved in Welfare Reform, particularly their targeted support to vulnerable households throughout Flintshire.

RESOLVED:

That the report be noted.

As detailed in the recommendations.

The Cabinet Member for Corporate Management provided an update on progress of the roll out of Universal Credit (UC) to Shotton Job Centre and the proposed Delivery Partnership Agreement (DPA).

It was requested that the Head of Finance, in conjunction with the Head of Housing and the Cabinet Members for Housing and Corporate Management, be granted delegated authority to authorise the DPA on behalf of the Council.

As part of the implementation of UC, which was being phased in by the Department for Work and Pensions, six Job Centre Plus sites including Shotton were chosen to pilot the introduction of UC.

From Spring 2014, UC would start to be rolled out in Flintshire and some single unemployed people served by Shotton Jobcentre would be required to make claims for universal credit claims instead of jobseekers allowance.  It was projected that Shotton Jobcentre would process around 50 UC claims per month.

The increased service provision pressures on the Finance and Housing Services would be funded by the Department of Work and Pensions.

RESOLVED:

(a)       That the report and impacts be noted;

(b)       That delegated authority be given to the Head of Finance in conjunction with the Head of Housing and the Cabinet Members for Housing and Corporate Management to agree funding and to authorise the DPA on behalf of the Council; and

(c)        That reports be provided to Cabinet on the finalisation of the DPA and funding, and regular progress reports on the pilot.

As detailed in the recommendations.

The Corporate Finance Manger provided the most up to date revenue budget monitoring information (Month 9) for the Council Fund and the Housing Revenue Account in 2013/14.

The projected year end position on the Council Fund, as estimated at Month 9 was:

·        Net in year expenditure forecast to be £1.981m less than budget (an increase of £0.913m on the £1.068m reported at Month 8)

·        Projected contingency reserve balance at 31 March 2014 of £4.6m

The projected year end position on the HRA, as estimated at Month 9 was:

·        Net in year expenditure forecast to be £0.156m less than budget (£0.212m as at Month 8)

·        Projected HRA balances at 31 March 2014 of £1.589m

The report also provided details on a specific request for carrying forward funding, progress on the programme of efficiencies and the latest position on inflation allocations.

RESOLVED:

(a)       That the report be noted;

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

(c)        That the carry forward request be approved; and

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

As detailed in the recommendation.

The Corporate Finance Manager provided an update on the Month 9 (end of December) capital programme position for 2013/14 which detailed the cumulative information relating to each programme area as shown in Appendix A to the report.

Details of how the programme had changed since the Month 6 report to Cabinet on 17 December 2013 were outlined in section 3.02 of the report.

Actual expenditure at the end of Month 9 (December) across the whole of the programme was £26.416m.  The breakdown of expenditure was detailed in the report and showed that overall 61.31% of the budget had been spent across the programme (Council Fund - 60.03% and HRA – 64.58%).

The report also showed a projected outturn of £41.928m.  On the Council Fund there was a projected underspend against budget of £1.502m and for HRA the projection was an overspend of £0.344m.  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.

Further Early Identified Rollover (EIR) of £1.469m into 2014/15 had been identified in the current period and was included in the narrative in Appendix B.  This reflected reviewed spending plans across all programme areas.  The committed amounts had been identified as now required to meet the cost of programme works in 2014/15 and were recommended for approval.  The potential for further rollover was monitored closely on a monthly basis as an integral part of capital programme monitoring.

At the County Council meeting on 1 March 2013 it was agreed to hold back 20% of the core programme funding in the light of the continuing uncertainty over the timing of receipts.  Cabinet agreed on 17 December 2013 that the 20% should continue to be held back to keep the programme within the limits of anticipated receipts.  The position at Month 9 did not allow for any revision to that decision which would continue to be the case for the remainder of the 2013/14 financial year.

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 recommendation.

The Head of Human Resources and Organisational Development introduced the report which sought approval for delegated authority to make changes to the workforce establishment which were required to implement the Organisational Design: Workforce and Value for Money (VFM) Programmes as approved by Council as part of the annual budget for 2014/15.

To implement all of the proposed changes under the current constitutional arrangements would require a large number of reports which would be resource intensive and due to the lead in time for reports, would reduce the time available for proper planning and consultation with employees which could result in delays in making timely decisions to achieve the budget targets. 

Respective Cabinet Members would be kept fully informed of planned workforce reduction decisions as part of the Organisational Design: Workforce Programme in addition to the specific outcomes of the Functional VFM reviews, with the Leadership having an overview alongside the role of the Chief Executive.

RESOLVED:

That the Chief Executive in consultation with the Leader and respective Cabinet Member be given delegated authority to make changes to the workforce establishment in functional groups to implement the Organisational Design and Functional VFM programmes and meet the budget targets approved by Council for 2014/15.

As detailed in the recommendation.

The Cabinet Member for Education provided Members with an update on the expansion and delivery of the Flying Start Programme in Flintshire and sought approval for the proposals for the next stage of the expansion.

There were no immediate financial implications for Flintshire County Council as the Flying Start Programme was 100% funded by a Welsh Government Specific Grant.  The grant was administered by the local authority as the accountable body.

            RESOLVED:

That the proposal for the further expansion of the Flying Start programme be approved.

NB – the Cabinet Member for Social Services left the room during consideration of this item.

As detailed in the recommendation.

The Cabinet Member for Education provided details of the outcome of the statutory consultation exercise on the admission arrangements for September 2015 for approval.

The current admission arrangements had been in place since 2003 and 98% of parental preferences continued to be met in Flintshire. 

As a result of a revised School Admissions Code issued by the Welsh Government (WG) in July 2013, the opportunity had been taken to update the admissions arrangements to include four changes, which were:

·        The inclusion of “previously looked after children” alongside “looked after children” as the first criterion in all instances

·        Where a school is over-subscribed, a waiting list must be maintained until 30 September as a minimum

·        The date for the offer of places in Secondary schools (the common offer date) must be 1 March from 2015/16; and

·        The common offer date for places in primary schools must be 16 April from 2018/19.

RESOLVED:

That the proposed admission arrangements for 2015/16 be approved.

As detailed in the recommendation.

The Cabinet Member for Education provided details on the outcome of consultation on the lowering of the age range of Queensferry Primary School from 4-11 to 3-11 from 1 September 2014 in order to integrate a nursery provision.

Consultation documents were circulated to all of the schools in the area, and to the statutory consultees in accordance with Welsh Government guidance.  No responses to the consultation had been received during the prescribed period from 28 January 2014 and ending on 10 March 2014.

RESOLVED:

            That in view of the outcome of the consultation process, the publication of the statutory notice proposing the change in age range of Queensferry Primary School from 1 September 2014 be approved.

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

As detailed in the recommendation.

The Chief Executive provided the background for the recommendations to adopt the 2^nd Inter-Authority Agreement for the project, and the appointment of a Preferred Bidder, which were the subject of separate reports on the agenda.

If the Council failed to meet the levels of waste targets for local authorities in Wales, the Authority would face two sets of fines which would be cumulatively levied.

The Environment Overview and  Scrutiny Committee had received quarterly reports during the procurement process which provided updates on key issues and progress made.  Details of the work undertaken to ensure value for money was being provided was reported to Environment Overview and Scrutiny Committee on 16 December 2013 and fell into the following three areas:

·        Capital costs

·        Revenue costs

·        Indexation

The North Wales Residual Waste Treatment Project (NWRWTP) Joint Committee met on 29 January 2013 and formally agreed to recommend to Partner authorities that Wheelabrator Technologies Incorporated (WTI) should be awarded Preferred Bidder status.

In late January 2013, the other remaining bidder, Sita UK Ltd, withdrew from the procurement process for commercial reasons.  The Joint Committee agreed a risk assessment and management approach to manage the implications of the withdrawal.

Following guidance from the Partnership’s legal advisors, Pinset Masons, the Joint Committee was assured that the Partnership was still in a good position to secure value for money based on the grounds detailed in the report.  Welsh Government (WG) confirmed its support for the NWRWTP procurement to continue with a single bidder.

WTI were proposing to use technology that was well established across Europe with a well-known contractor and they had taken account of the key planning issues.  The overall landfill diversion rate was high and would contribute significantly to WG targets for zero waste.

The Joint Committee had agreed to carry out air quality monitoring of fine particulates, known as ‘PM2.5’, more frequently that the statutory requirement, for as long a period as considered necessary.  This enhanced monitoring was aimed at giving reassurance to Members and the local community that the emissions from the treatment facility would be within established guidelines.

A Community Benefit Scheme had been approved by the Joint Committee.  It would provide £180k per annum for each of the 25 years of the contract.  The money could be used for community and educational projects under the themes of environment, climate and energy with the locally defined Deeside Partnership Area.  The money could be used either in part or in total to fund Prudential Borrowing for larger projects falling within those themes.

RESOLVED:

That the report be noted as the background to the specific reports on the agenda for this meeting on the Inter-Authority Agreement and the Appointment of the Preferred Bidder.

NB – The Deputy Leader and Cabinet Member for Environment left the room during consideration of this item.

As detailed in the recommendations.

The Chief Executive presented the revised budget for 2013/14 and the budget to the procurement stage of Financial Close for 2014/15 for approval. 

The contents of the Cabinet report were considered by the North Wales Residual Waste Treatment Project (NWRWTP) Joint Committee at their meeting on 29 January 2014 and it was agreed that it be recommended for approval by the partner authorities.

RESOLVED:

(a)       That the proposed 2013/14 revised budget as set out in the report, it being £595,558 be approved;

(b)       That expenditure in 2014/15 to take the procurement process to the final stage of Financial Close as set out in the report, it being £321,066 be approved;

(c)        That the additional cost to Flintshire as a Partner Authority of £47,718 for the project up to Financial Close be noted; and

(d)       That it be agreed that the Joint Committee approve the ongoing project budget requirements as referred to in the report.

NB – The Deputy Leader and Cabinet Member for Environment left the room during consideration of this item.

As detailed in the recommendations and including the following resolution:

That adoption of IAA2 is conditional upon the air quality monitoring being maintained for the contractual period.

The Chief Executive introduced the report which provided details of the required Inter-Authority Agreement (IAA2) to take the partnership through the following stages:

·        To seek planning and environmental consents

·        Construction

·        Managing the contract for the operation of the facility over the life of the contract

·        Concluding the contract on expiry

At the North Wales Residual Waste Treatment Project (NWRWTP) Joint Committee meeting on 29 January 2014, agreement was reached on the remaining key issues of the IAA2.  The key principles were set out in the table of the report.  On additional air quality monitoring, it was agreed that adoption of the IAA2 was conditional upon it being maintained for the contractual period and any review of the arrangements should be a matter reserved to the Councils for a unanimous decision under Schedule 1.

A summary of the IAA2 principles produced by the project’s legal advisors, Pinsent Masons, was highlighted within the draft IAA which was appended to the report. 

RESOLVED:

(a)       That it be noted that Environment Overview and Scrutiny Committee has reviewed and scrutinised the draft Inter-Authority Agreement and recommended its adoption;

(b)       That the Partnership and the Project be committed to by adopting, along with the other four Councils, the principles in the 2^nd Inter-Authority Agreement which reflect the key terms of the Project Agreement to be entered into by the Lead Council with the Preferred Bidder on Contract Award;

            (c)        That delegated authority be granted to the Lead Chief Executive to:

·        Finalise the 2^nd Inter-Authority Agreement for signing by the constituent authorities

·        Circulate the finalised agreement to the Monitoring Officers of all five authorities

·        Take into account the views of all constituent Authorities and to refer back to the Joint Committee for approval any material departures from the agreed principles

(d)       That it be approved for Council to sign the 2^nd Inter-Authority Agreement once it has been finalised in accordance with the above procedure; and

(e)       That adoption of the 2^nd Inter-Authority Agreement is conditional upon the air quality monitoring being maintained for the contractual period and any review of the arrangements should be a matter reserved to the Councils for a unanimous decision under Schedule 1.

NB – The Deputy Leader and Cabinet Member for Environment left the room during consideration of this item.

That the press and public be excluded 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 14 and 16 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).

As detailed in the recommendations.

The Chief Executive introduced the report which recommended the appointment of Wheelabrator Technologies Inc (WTI) as the Preferred Bidder and detailed the stages leading to financial close and the award of a contract.

RESOLVED:

(a)       That the award of Preferred Bidder status to Wheelabrator Technologies Inc (WTI) be approved on the following basis:

·        That following a rigorous dialogue and negotiation with WTI, the Call for Final Tender (CFT) bid submitted by WTI represents value for money for the partnership

·        Following detailed financial, legal and technical evaluation of WTI’s CFT bid, the partnership is satisfied with the risk balance proposed with the contract (‘Project Agreement’)

(b)       That authority be granted to the North Wales Residual Waste Treatment Project Joint Committee to take all the necessary steps to take the process forward with WTI from Preferred Bidder through to Financial Close, and award a contract.

NB – The Deputy Leader and Cabinet Member for Environment left the room during consideration of this item.

As detailed in the recommendations.

The Cabinet Member for Social Services presented the report for approval of the strategy to take forward the Council’s Extra Care Housing Strategy.

RESOLVED:

(a)       That the proposal to use the Intermediate Care Fund to support the two extra care developments, £275k for both Flint and Holywell be agreed;

(b)       That it be agreed to continue work on both Holywell and Flint projects but to run them separately to enable progress to be made, so we are not travelling at the pace of the slowest;

(c)        That assuming the grant will be agreed by Welsh Government, have further discussion with both RSLs regarding the details of delivering the following schemes independently of each other; and

(d)       That officers be authorised to issue a VEAT notice concerning the Extra Care Development.

There were 3 members of the press in attendance.