The County Council of the City & County of Cardiff
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209 THE COUNTY COUNCIL OF THE CITY & COUNTY OF CARDIFF The County Council of the City & County of Cardiff met at City Hall, Cardiff on Thursday 20 October, 2011 to transact the business set out in the Council Summons dated 14 October 2011. Present: County Councillor Delme Bowen, Lord Mayor (in the Chair); County Councillor Jayne Cowan, Deputy Lord Mayor. County Councillors Ali, Aubrey, Aylwin, Berman, Bowden, Bridges, Burfoot, Burns, Carter, Chaundy, Clark, Ralph Cook, Richard Cook, Cox, Kirsty Davies, Finn, Foley, Ford, Furlong, Goddard, Goodway, Gordon, Grant, Greening, Griffiths, Clarissa Holland, Martin Holland, Hooper, Howells, Hudson, Hyde, Ireland, Islam, Jerrett, Brian Jones, Margaret Jones, Jones-Pritchard, Joyce, Kelloway, Lloyd, Macdonald, McEvoy, McKerlich, Montemaggi, David Morgan, Derrick Morgan, Elgan Morgan, Linda Morgan, Page, Jacqueline Parry, Keith Parry, Patel, Pickard, Piper, David Rees, Dianne Rees, Robson, Rogers, Rowland-James, Salway, Singh, Smith, Stephens, Wakefield, Walker, Williams and Woodman. Apologies: County Councillors Gasson, Pearcy and Walsh (Prayers were offered by County Councillor Freda Salway) 79 : MINUTES The minutes of the meeting held on 22 September 2011 were approved as a correct record and signed by the Chairman 80 : DECLARATIONS OF INTEREST The Chairman reminded Members of their responsibility under Article 16 of the Members’ Code of Conduct to declare any interest, and to complete Personal Interest forms, at the commencement of the item of business. (Councillor Aubrey declared a personal interest in Item 10 - Notice of Motion as an employee of a licensed conveyancing firm) County Council of the City & County of Cardiff 20 October 2011 210 81 : LORD MAYOR’S ANNOUNCEMENTS (a) Microphone System, Webcasting and recording of proceedings Members were reminded of a decision of the Constitution Committee on 10 July, 2008 to webcast the Council meeting. Members were also reminded that the Constitution Committee had previously agreed that Council proceedings be recorded for administrative purposes. Formal approval to record the proceedings was granted. (b) Awards The Lord Mayor was pleased to advise Council of the following Awards received by Cardiff Catering (Education) in-house catering team during the last few months. • The successful Schools’ initiative ‘Live ‘N’ Cooking’ was announced as the ‘Catering Management Team of the Year’ at the Local Authority Caterers Association Wales Awards; • Live ‘N’ Cooking was also shortlisted for the ‘Catering Business of the Year’ award at the Local Authority Caterers Association National Awards 2011; • ‘Live ‘N’ Cooking’ was also shortlisted for the Educatering Magazine ‘Innovation Award’; • Ms Yvonne Nelson from Moorland Primary School was shortlisted for the Educatering Magazine ‘Primary School Caterer of the Year’ award; • Moorland Primary Catering Team was shortlisted for the Association for Public Service Excellence ‘Best Service Team of the Year’ award; and • Cardiff Catering (Education) has been awarded the Good Egg Award and The Good Chicken Award from Compassion in World farming (RSPCA freedom eggs and RSPCA freedom chickens). (c) Macmillan Cancer Research Coffee Morning Members were invited to join the Lord Mayor and special guests at the Macmillan Cancer Research Coffee morning in the Members Lounge, County Hall, on Friday 21 October 2011. County Council of the City & County of Cardiff 20 October 2011 211 82 : PETITIONS The following petitions were submitted: Councillor Elgan Morgan – 840 signatories calling on the Council to substantially increase the number of shopper two hour parking spaces in the side streets off Albany Road. Councillor Kate Lloyd – 80 signatories requesting the re-instatement of the agreement reached between three church representatives and the Council’s Tree Officer to remove a tree branch overhanging Christ Church, Lake Road North, Cardiff from adjoining Council land Councillor Derrick Morgan – 1382 signatories calling on the Executive of Cardiff County Council to fulfil their obligations with regard to the refurbishment of the Eastern Leisure Centre at the earliest opportunity. Councillor Mohammed Sarul Islam – 89 residents of Riverside & Pontcanna calling on the Cardiff Council Executive to install a pay and display machine with new parking scheme for Tudor Street area for the shoppers and visitors. Councillor Mohammed Sarul Islam – 56 members of the Muslim community and residents of Cardiff calling on the Cardiff Council Executive to bring forward the proposals of same day burial service for deceased Muslims. Councillor Gavin Cox - 39 residents requesting for Dunsmuir Road in Tremorfa to have a new road surface. Councillor Dianne Rees – 32 residents of Ty-To-Maen Close both owners & tenants requesting that concerted action is undertaken to address all of the problems caused by Council Tenants who knowingly, wilfully and continually, fail to comply with the obligations detailed in the Conditions of Tenancy. 83 : DESIGN GUIDANCE FOR SHOP FRONTS AND SIGNAGE SUPPLEMENTARY PLANNING GUIDANCE The draft Supplementary Planning Guidance on Shop Fronts Design and Signage revised previous guidance set in December 1994, and had been County Council of the City & County of Cardiff 20 October 2011 212 subject to detailed consultation with all Members, stakeholder groups and interested parties. The Executive Member – Environment advised that the aim of the revised guidance was to provide a clear understanding of the Council’s expectations for shop front design and signage; to ensure good standards of design when shop fronts and associated signs are replaced or put in place across the city, including in the city centre; arcades; district shopping areas and shopping centres; and individual shops. The guidance is robust policy framework against which planning applications will be assessed, and it aims to raise the quality of design within the context of the built environment and wider street scene in Cardiff. Council was commended to approve the draft guidance as attached to the report. RESOLVED – That the Design Guidance for Shop Fronts and Signage Supplementary Planning Guidance be approved 84 : REPORT OF THE POLICY REVIEW & PERFORMANCE SCRUTINY COMMITTEE REGARDING THE GOVERNANCE ARRANGEMENTS OF CALL-IN OF EXECUTIVE DECISIONS Following the meeting of the Policy Review & Performance Committee on 7 October 2011 on the Call-in of the Executive Decision 11038 made on 28 September 2011, the Committee decided not to refer the decision back for reconsideration, but raised concern about the Council’s own governance arrangements, the detail of which was set out in a letter to the Executive Member - Finance and Service Delivery dated 17 October 2011. Members were advised that the Executive Member’s response to that letter had been circulated in advance of this meeting. The Lord Mayor invited the Chairperson of the Policy Review & Performance Scrutiny Committee, Councillor Dianne Rees to make a statement. Councillor Rees addressed Council on governance issues, and referred to the role of Scrutiny and the Call-In process. She stated that the report to the Executive on 15 September 2011 on Single Status, Pay, Grading and Terms and Conditions Proposals was one of the single most important decision to be taken by the Executive this year with implications for the County Council of the City & County of Cardiff 20 October 2011 213 Council’s finances; its fiduciary duty to the Council Taxpayer; and its reputation as an employer. The Committee had underlined concerns about the Council’s governance arrangements in dealing with this matter, particularly that a decision marked as ‘red’ risk had not been afforded the opportunity of pre-decision scrutiny in accordance with the Council’s own Constitution, which states that those decisions flagged as red are defined as decisions relating to high level functions, primarily, relating to policy formulation within the Policy and Budgetary Framework, where the Executive would usually make a proposal to Council. For such decisions, the engagement of Scrutiny is required before the Executive recommendation is made. The Committee made the point that owing to the restrictions of the Call-In process there had neither been an adequate opportunity for Scrutiny to benchmark the proposals against other Authorities or examine them in depth in an unpressured manner. The Chair welcomed the acknowledgement by the Executive Member - Finance and Service Delivery that in hindsight he should have involved Scrutiny in pre-decision scrutiny, and that useful lessons could be learnt from the process. The Chair indicated that these lessons and the recommendations included in the report on the Future of Scrutiny should be re-examined. The Lord Mayor invited further discussion on matters raised in the statement and the report. A number of comments were made on procedures and processes followed in this instance, and the need for the Constitution Committee to clarify arrangements for the future. RESOLVED – That Council noted the statement by the Chair of the Policy Review & Performance Scrutiny Committee and the range of views given on matters of governance. 85 : AMENDMENT OF DELEGATION Council was requested to amend its Scheme of Delegations in light of recent changes in senior management responsibilities. The Scheme of Delegations within the Council’s Constitution, Part 3 Section 4F currently provides that the Corporate Director – Environment has power “to make compulsory purchase orders in respect of single houses under Part