27 January 2004

Notice of the Decisions of the Meeting of the CABINET held at the Council Chamber, Neuadd Cyngor Ceredigion, Penmorfa, Aberaeron on Tuesday 27 January 2004.

This notice is published at 5.00 pm on Thursday 29 January 2004. The deadline for the receipt of requests to call-in any decision is 5.00 pm on Thursday 5 February 2004. The decisions will come into force (if no valid call-in application is received) on Friday 6 February 2004.

PRESENT: Councillor D.Ll. Evans (Chairman); Councillors, E.J.K. Evans, T.E. Evans ,

S.G. Hopley, A.Ll. Jones, S.M. Morris, R.P. Quant and R.E. Thomas.

IN ATTENDANCE: Councillors R.G. Harris (Chair of the Coordinating Committee), H.G. Evans, D.J. Evans and D.M. James.

 

(10.00 a.m.-6.00 p.m.)

 

C435

 

Minutes of the Meeting held on 13 January 2004

DECISION

To confirm as a true record the Minutes of the Meeting of the Cabinet held on 13 January 2004 subject to the following amendment:-

C397 – Shopmobility – to alter the Minute to read:-

“To request the Director of Highways Property and Works to advise Cllr. Hopley in relation to the provision of the Shopmobility Scheme in other areas of the County”

 

C436

 

Decisions called in

There were no decisions called in from the Scrutiny Committees in relation to the Meeting of the Cabinet held on 13 January 2004

 

C437

 

Recommendations of the Overview and Scrutiny Committees

Consideration was given to the Report of the Overview and Scrutiny Committees in relation to:-

· Representation upon the Ceredigion Community Health Council – April 2004 nominations

· Promotion of recycling of waste

DECISION

(i) as the appointments were not effective until 1 April 2004, to request that a report be presented to Cabinet updating Members on the political balance required for the nominations;

(ii) not to circulate a leaflet on the recycling waste strategy with the Council Tax demands but to forward this under separate cover to raise maximum awareness; and

(iii) to liaise with other departments to optimise on the inclusion of departmental information.

Reason for decision:

(i) in order to provide appropriate Local Authority representation.

(ii) to assist with promotion of recycling.

 

C438

 

Boundary Commission of Wales – review on Parliamentary Constituencies and Welsh Assembly Electoral Regions in Wales

Consideration was given to the report of the Chief Executive upon the review by the Boundary Commission of Wales on Parliamentary Constituencies and Welsh Assembly Electoral Regions in Wales.

DECISION

To note the report and inform the Boundary Commission of Wales that the Authority had no comments to make in the matters affecting Ceredigion.

Reason for decision:-no further responses required.

 

C439

 

Plans and Estimates – British Telecom PLC

Consideration was given to a letter dated 23 December 2003 from Gwynedd County Council requesting support from Ceredigion County Council in relation to their decision to appeal against the verdict of the County Court in Manchester that British Telecom are entitled to charge for the provision of a detailed estimate and specifications to divert or protect apparatus affected by major road works.

DECISION

(i) to request Officers to liaise on the likely success of such an appeal and any possible effect on Ceredigion County Council;

(ii) to delegate authority to the Directors of Corporate and Legal services and Highways, Property and Works to decide on a response to Gwynedd County Council.

Reason for decision: in order to establish the probable effect of the Council’s decision in the action against BT.

 

C440

 

Director of Education and Community Services

The Chairman referred to letter received from Mr. Roger Williams formally notifying the Authority of his retirement from the post of Director of Education and Community Services with effect from 21 August 2004, and, as a result, the need to prepare for filling the post.

DECISION

(i) to note the Authority’s appreciation of the contribution made by Mr. Williams during his career as Director of Education and Community Services and the continued excellent standard of results within the County during his term in office; and

(ii) to authorise that steps be taken to advertise the post with immediate effect.

Reason for decision: to advertise the post of Director of Education and Community Services.

 

C441

 

Policy Agreements

The Chief Executive reported that departmental information was still awaited before the Policy Agreements could be finalised.

It was RESOLVED to note that a further report on Policy Agreements would be brought to Cabinet on 10 February 2004

 

C442

 

Independent Review of the Voluntary Sector

Consideration was given to the Report of the Chief Executive upon a request to respond to a review of the Voluntary Sector Scheme carried out by an Independent Commission.

DECISION:

To note the content and approve the response prepared.

Reason for decision:-satisfactory response prepared.

 

C443

 

Draft Budget 2004/05

Consideration was given to the Report of the Director of Finance upon the draft Budget for 2004/05 in order to make recommendations to Council on the Council Tax level for 2004/05. Chief Officers and Cabinet Members for each department outlined and answered questions on their particular budget.

DECISION

(i) to note the content of the Report;

(ii) to recommend a Council Tax of ¦pound;715.93, representing an increase of 2.5%, to Council at its Meeting to be held on 26 February 2004;

(iii) to note that the Overview and Scrutiny Committees will be convened on 4 February 2004 to consider the respective portfolio budgets; and

(iv) to note that a Meeting of the Budget Forum, consisting of Members, School Governors, Headteachers and Officers, had met on the 26 January to consider the Budget and had arranged a further meeting for 26 April 2004.

Reason for decision: in order to proceed with the Budget for 2004/05

 

 

{Councillors A.Ll. Jones and R.E. Thomas disclosed an interest in the following matter under 11(a) of the Local Code of Conduct and left the Chamber during discussions thereof}

 

C444

 

Housing Revenue Account and Rent Levels for 2004/05

Consideration was given to the Report of the Director of Finance on the Housing Revenue Account and Rent Levels for 2004/05 based upon the draft Housing Revenue Account Subsidy determination issued by the Welsh Assembly Government in December 2003.. 

DECISION

(i) to note the content of the Report;

(ii) to approve the level of Housing revenue account Expenditure for 2004/05 at ¦pound;5,131,000, based on an increase of 4.53% in Management and Maintenance and including the ¦pound;250,000 referred to under (v) below;

(iii) to increase council house rents by 3.75%;

(iv) to increase garage rents by 20p per week, i.e. from ¦pound;2.80 to ¦pound;3.00 per week; and

(v) to allocate a sum of ¦pound;250,000 as a one-off special item for specific improvement works, with details of the particular works identified to be reported to Cabinet.

Reason for decision: to formulate a Housing Revenue Budget and Rent Levels for 2004/05.

 

C445

 

Prudential Indicators for Capital and Treasury Management

Consideration was given to the Report of the Director of Finance upon the Prudential Indicators for Capital and Treasury Management for 2004/05 and the following two years.

DECISION

(i) to note the content of the Report;

(ii) to approve the Prudential Indicators as set out in the report;

(iii) to delegate authority to the Director of Finance to effect movement within the total of the authorised limit of external debt and the operational boundary; and

(iv) to recommend the Prudential Indicators to Council as part of the budget setting process.

Reason for decision: need for Cabinet’s approval of Prudential Indicators prior to submission to Council

 

 

{Councillors S.G. Hopley and A.Ll. Jones disclosed an interest in the following matter under 11(a) of the Local Code of Conduct and left the Chamber during discussions thereof}

 

C446

 

Reports of the Director of Finance for information

It was RESOLVED to note the following Reports of the Director of Finance for information:-

1. Rural Rate Relief

2. Budget for the Housing Revenue Account (HRA) for 2003/04 to December 2003

3. Controllable Revenue Budget Performance for County Fund 2003/04 to December 2003

4. Capital Programme 2003/04.

 

C447

 

Annual Audit Letter

The Chairman welcomed Messrs Ceri Stradling and Terry Jones from the Audit Commission in Wales to the Meeting to make a presentation to Members on the Ceredigion County Council Annual Audit Letter for the year 2002/03.

He outlined the headings used for the Key messages as follows:-

· Accounts

· Financial Aspects of Corporate Governance

· Legality of Financial Transactions

· Financial Standing

· Systems of Financial Control

· Standards of financial conduct and fraud and corruption

He reported that he had no significant issues to report to Members and that Ceredigion County Council had made more progress than most Welsh Local Authorities in already meeting some of the requirements set out by the Audit Commission.

The Leader thanked Mr. Stradling for his presentation and stated that it was encouraging to hear such a positive message. All points made had been noted and the Authority would ensure that progress would continue.

 

C448

 

Reports of the Director of Education and Community Services on departmental matters

Consideration was given to the Report of the Director of Education and Community Services upon departmental matters and the decisions recorded in Minutes C449 to C454 below were taken.

 

C449

 

School Organisation Plan 2004-2009

DECISION

(i) to hold Meeting of Members of the Cabinet, as a workshop, to consider the proposed revision of the School Organisation Plan for 2004/09 at 2.00 p.m. on Tuesday 3 February 2004; and

(ii) request that a further Report be presented to Cabinet on 10 February 2003 .

Reason for decision:- in order to continue with the required process for compiling the Plan

 

C450

 

Financial Support to students 2004-2005 – English only correspondence

DECISION

(i) to note the content of the Report; and

(ii) to forward a letter to the Welsh Language Board expressing the Authority’s concerns in this matter and requesting their reaction and response.

Reason for decision: in order that further consideration be given to the issue of English only correspondence.

 

C451

 

School term and holiday dates

Consideration was given to the decision of the cabinet to review the programme for school terms and holidays in response to two letters received.

DECISION

To continue to adhere to the schedule of School term and holiday dates for the 2004/05 academic year previously agreed.

Reason for the decision: in order to publish the schedule for the forthcoming school year

 

C452

 

New Opportunity Fund(NOF) – PE and Sport

DECISION

To approve the recommendations of the Capital Expenditure Working Group as outlined in the Report in relation to the NOF allocation for PE and Sports projects

Reason for decision:- so that work may commence on the provision of projects to encourage greater participation of PE and sports among school pupils.

 

C453

 

Policy of the Admission of Pupils to the Authority’s schools

DECISION

To approve the Policy on the Admission of Pupils to Schools in the Authority for the academic year 2005/06.

Reason for decision: in order to establish an Admissions Policy for 2005/06.

 

C454

 

Reports of the Director of Education and Community Services for information

It was RESOLVED to note the following Reports of the Director of Education and Community Services for information:-

1. Inspection Report by Estyn and the Audit Commission on the Authority’s School Improvement Services. Members congratualted the dep on the excellence of this report

2. LEA/School Partnership Agreements

3. Support and Challenge Framework

4. Welsh Public Library Standards: Ceredigion’s Annual Report 2002/03

5. Ceredigion Museum – Highlights of the Year 2003

 

C455

 

Three Year Capital Programme – 2004/05 to 2006/07

Consideration was given to the Joint Report of the Director of Highways, Property and Works and the Director of Finance upon the Three Year Capital Programme for 2004/05 to 2006/07.

DECISION

To defer decision on the matter and to request further details on the information used to estimate the amount of capital receipts expected to be received in 2004/05 and 2006/07 and to give further consideration to the future Capital Programme.

Reason for decision:- further information required in order to establish a Three Year Capital Programme

 

C456

 

Report of the Director of Highways, Property and Works on Departmental matters

Consideration was given to the Report of the Director of Highways, Property and Works upon departmental matters and the decisions recorded in Minutes C457 to C459

 

C457

 

Proposed Speed Restriction Order on A482/B4337 at Temple Bar

DECISION

(i) to note the content of the Report;

(ii) to approve the Proposed Speed Restriction Order of 50 mph on the A482 at Temple Bar;

(iii) to approve the proposed Speed Restriction Order of 30 mph on the B4337 Talsarn approach to the crossroads; and

(iv) to approve publication of the Draft Proposals, and, subject to no other objections being received or changes made to the extent of the draft proposals, arrange for the orders to be made and implemented.

Reason for decision: in order for the proposed Speed restrictions to be implemented.

 

C458

 

Access to Services – Disability Discrimination Act (DDA) 1995

DECISION

(i) to note the content of the Report;

(ii) to authorise work to be undertaken to the properties identified in the report as a high priority utilising the funding of ¦pound;200,000 identified by the Capital Expenditure Working Group for the 2004/05 financial year;

(iii) to designate buildings that continue to have accessibility problems as “Non-Public Access Buildings” in accordance with the principles outlined in the report; and

(iv) that each individual case be reviewed on its merits should accessibility issues arise after October 2004.

Reason for decision: In order to comply with the Disability Discrimination Act (DDA) 1995

 

C459

 

Walking and Cycling Strategy for Wales

It was RESOLVED to note the Walking and Cycling Strategy for Wales.

 

C460

 

Report of the Director of Environmental Services and Housing on departmental matters

Consideration was given to the Report of the Director of Environmental Services and Housing upon departmental matters and the decisions recorded in Minutes C461 to C462 and C468 to C471.

 

C461

 

Declaration of Cardigan Renewal Area

DECISION

(i) to note and approve the Draft Neighbourhood Renewal Assessment; and

(ii) to recommend to full Council that a Housing Renewal Area be declared at Cardigan as outlined in the plan, subject to consultation with the Local Members with regards to areas to be included and timescale for implementation.

Reason for decision: approval of NRA required in order to proceed.

 

C462

 

Grant Policies for Renewal and Group Area Repairs in Cardigan

DECISION

To recommend approval of the Grant Policies for Renewal and Group Repair Areas to full Council in association with the renewal area referred to in Minute C461 subject to consultation with Cardigan Members.

Reason for decision: to ensure that appropriate policies are in place for use with Renewal and Group Repair areas.

 

C463

 

Decision to defer

It was RESOLVED to defer the following reports for consideration at the Cabinet meeting to be held on 10 February 2004:-

Report - S 3-10

Report - T

Confidential Appendices - X

 

C464

 

County Council Run Passenger

Transport Operation

Consideration was given to the Joint Report

of the Director of Corporate and Legal

Services and the Director of Finance upon:-

the principle of establishing of a County Council Run Passenger Transport Operation

the Audit Commission in Wales Report – Public Transport Assessment of In-House Service Provision

DECISION

(i) that tenders be invited for all home to school routes in March/ April 2004, for the operation of the service from 1 September 2004 to 31 August 2009; and

(ii) that the Authority’s TMU be invited to consider submitting a bid for provision of the service on certain routes.

Reason for decision: in order to improve the service and possibly produce cost savings to the Authority.

 

C465

 

Procedure - Urgent Business

It was RESOLVED to note that the Chairman in exercise of his powers under Section 100B(4)(b) of the Local Government Act 1972 was of the opinion that the matter referred to in Minute C466 below was for the attention of the Cabinet in view of the need to take an urgent decision.

 

C466

 

Needs Assessment of the Health, Social Care and Wellbeing Strategy

DECISION

(i) to note the content of the report and

to agree to forward the Council’s response on the Health Needs Assessment to the Local Health Board.

Reason for decision: in order to proceed with consultation process

 

 

EXEMPT ITEMS

The following items contain exempt information as defined in Paragraphs 3,4,5,7,8,9,12 and 13 Part 1, Schedule 12A to the Local Government Act 1972 and in accordance with Section 100B(2) of the Act the papers are not available for public inspection. The Cabinet will be requested, when dealing with the items, to consider whether to exclude the public and press from the Meeting

 

C467

 

Petition Received

Consideration was given to the Report of the Director of Highways, Property and Works upon a petition received by Llangeitho Community Council in relation to the erection of a fence adjacent to the Highway.

DECISION

(i) to note the content of the Report;

(ii) to authorise Officers to investigate the options for improvements and the position regarding a CPO in order to report to full Council on this matter.

Reason for decision: in order to clearly establish the Council’s position in relation to the erection of the fence.

 

C468

 

Default Works – HRG 1595 & D58

DECISION

To authorise works being carried out in default to ensure full compliance with the repairs notice dated 24 October 2003.

Reason for decision:- in order to comply with Section 604 of the Housing Act 1985

 

C469

 

Relaxation of Grant Conditions – Renovation Grant

DECISION

To agree to the request to allow the house to be let whilst the owner is abroad without reclaiming any of the grant paid.

Reason for the decision:- in line with the Council’s strategy of reducing “wasted homes” and the educational reasons for temporary absence.

 

C470

 

Discretion Top Up of Disabled Facilities Grant – D1032/P

DECISION

To agree that a discretionary sum of ¦pound;17,694.65 (including VAT and fees) be allowed over the ¦pound;30,000 limit to meet the full cost if the extension and ramp access.

Reason for decision: in order to allow family to remain in the property.

 

C471

 

Discretion Top Up of Disabled Facilities Grant –D1055/P

DECISION

To agree that a discretionary sum of ¦pound;13,984.61 (including VAT and fees) be allowed over the ¦pound;30,000 limit be allowed to meet the full cost if the extension and associated work.

Reason for decision:- in order to provide essential facilities for elderly tenant.

 

CHAIRMAN:___________________________

DATE:____________________