10 February 2004

This notice is published at 5.00 pm on Wednesday 11 February 2004. The deadline for the receipt of requests to call-in any decision is 5.00 pm on Wednesday 18February 2004. The decisions will come into force (if no valid call-in application is received) on Thursday 19 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 and

R.P. Quant

IN ATTENDANCE: Councillors E.E. ap Gwynn, D.J. Evans and H.G, Evans

(10.00 a.m.-12:55 p.m.)

C472

Apologies

Councillor R.E. Thomas apologised for his inability to attend the Meeting.

C473

Minutes of the Meeting held on 27 January 2004

DECISION

To confirm as a true record the Minutes of the Meeting of the Cabinet held on 27 January 2004 subject to amending the date on C440 to 31 August 2004 on the English version of the Minutes.

C474

Matters arising

C449 – School Organisation Plan – The Director of Education reported on the proposed revisions offered by the Workshop of the Cabinet following their meeting held on 3 February 2004 and it was RESOLVED to approve the revisions as shown in the Report

C461 & 462 – The Director of Environmental Services and Housing reported that he was arranging a meeting with local Members from Cardigan.

C475

Decisions called in

There were no decisions called in from the Scrutiny Committees in relation to the Meeting of the Cabinet held on 27 January 2004

C476

Recommendations of the Overview and Scrutiny Committees

Consideration was given to the responses of the Overview and Scrutiny Committees to the Cabinet’s proposed Revenue and HRA budgets for 2004/05, and the Prudential Indicators for Capital and Treasury Management for 2004/05,following their Meetings held on the 4 February 2004.

DECISION

To note that all Overview and Scrutiny Committees had accepted the Cabinet’s proposed Budget details for 2004/05.

Reason for decision: In order to receive approval of the proposed Budget  for recommendation to the Council at its Meeting to be held on 26 February 2004

C477

2004/05 to 2006/07 Three Year Capital Programme – following the conclusions of the Housing Revenue Grants Panel

Consideration was given to the Joint Report of the Director of Finance and the Director of Highways, Property and Works  upon the proposed 2004/05 to 2006/07 Three Year Capital Programme incorporating the recommendations of the Housing Renovation Grants Panel at its meeting held on 4 February 2004.

DECISION

(i) to note the content of the Report;

(ii) to approve the 2004/05 and 2005/06 amended Capital Programme;

(iii) to approve the 2006/07 year as a Draft Programme;

(iv) to approve the “Estimates of Capital Expenditure” Prudential Indicator as per paragraph 5 of the Report

(v) to authorise the issue of grant approvals to include a deferred payment clause in appropriate cases as an aid to managing grant expenditure; and

(vi) to fund disabled adaptation work to Council owned dwellings from HRA/MRA/ funding and to cease approving disabled facility grants in respect if this work as from 1 April 2004.

Reason for decision:-in order to proceed with finalising the Three Year Capital Programme

C478

Emergency Response Centre – Neuadd Cyngor Ceredigion

Consideration was given to the Report of the Chief Executive outlining the requirement for relocating the Emergency Response centre from its present location in the Old Conference Room to the Council Chamber in order to better house the number of personnel required in a serious emergency.

DECISION

(i) to note the content of the Report;

(ii) that the Council’s Emergency response Centre be relocated to the Council Chamber; and

(iii) that the required ICT and power installation work be completed before the end of March 2004 and be funded from existing 2003/04 budget provisions.

Reason for decision: in order to provide adequate accommodation.

C479

Aberystwyth Drop-in Centre

Consideration was given to a letter dated 26 January 2004 received from the Aberystwyth Drop-in Centre, Aberystwyth requesting the Cabinet to nominate a Member to represent the Authority at meetings of their Committee

DECISION

To request Aberystwyth local Members to decide on representation.

Reason for decision: in order to select a nomination for the Aberystwyth Drop-in Centre.

{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

C480

Introduction of Tax on plastic shopping bags

Consideration was given to  a letter dated 20 January 2004 from Aberdeen City Council requesting Members to consider their request to support their campaign and Notice of Motion in relation to the introduction of tax on shopping bags.

DECISION

Not to support the campaign

Reason for decision:-Members felt there were more efficient methods of encouraging recycling

C481

Policy Agreement 2004/07

Consideration was given to the Report of the Chief Executive updating Members on the content and allocation of funding relating to the Policy Agreement between Ceredigion County Council and the Welsh Assembly Government.

DECISION

(i) to note the content of the Report;

(ii) to agree the proposals and wording contained within the Policy Agreement;

(iii) to approve the allocation of the fist tranche grant and to note the likely future budgetary implications;

(iv) to authorise Directorates to negotiate and agree targets and milestones with WAG, and for a final draft to be presented to Cabinet, prior to signing the Agreement; and

(v) to authorise the Chief Executive to sign the Agreement on behalf of the Authority.

Reason for decision: in order to proceed with the preparation of the Policy Agreement.

C482

Charitable Rate Relief under Sections 43 & 47 of the Local Government Finance Act 1988

DECISION

To approve the application as outlined

Reason for decision: in order to grant discretionary relief

100955110            Cartref Cymru                 80% Gostygniad Mandanol / Mandatory Relief

                                                                      20% Gostyngiad Dewisol / Discretionary Relief

C483

Report of the Director of Finance on departmental matters

DECISION

To note the Reports of the Director of Finance upon the following matters for information:-

1.  Ceredigion Community Grant Scheme

2.  Welsh Church Fund 2003/04

C484

Housing Benefit and Council Tax Performance Standards – recommendations of the Finance and Personnel Overview and Scrutiny Committee

Consideration was given to the report of the Chairman of the Finance and Personnel Overview and Scrutiny Committee outlining their findings following their scrutiny of the Housing Benefit and Council Tax Performance Standards.

DECISION

To request the Director of Finance to present a report to Cabinet:-

·         incorporating the findings of the Finance and Personnel Overview and Scrutiny Committee

·         outlining work already done and in hand

Reason for decision: in order that an educated decision may be arrived at following further information

C485

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 C486 to C499 and C515 below were taken.

C486

Adoption of Brynderi Close (Phase 1) Adpar, Newcastle Emlyn

DECISION

That the estate road known as Brynderi Close (Phase 1), Adpar , be formally adopted as a highway, maintainable at the public expense, under the terms of the Highways Act 1980 Section 38 Agreement.

Reason for decision:-for future maintenance of highway

C487

Proposed Reversal of Loading Bay and Disable Bay, High Street, Cardigan

DECISION

(i) to approve that the draft proposals be published and, subject to no objections being received or changes made to the extent of the draft Proposals, arrange for the orders to be made and implemented; and

(ii) to consult with Councillor S.M. Morris in relation to the time limits of the loading bay.

Reason for decision:- to improve the layout by reversal of the bays.

C488

Proposed Loading Bay, Priory Street, Cardigan

DECISION

That the necessary draft Traffic Regulation Order be published and, subject to no objection being received, the Order be introduced.

Reason for decision- to facilitate loading and unloading in Priory Street, Cardigan

C489

Proposed 40mph Speed Restriction Order – B4340 and C1022 Abermagwr, near Trawsgoed

DECISION

That the necessary draft Speed Restriction Order be published as shown in the schedules and, subject to no objections, be subsequently made

Reason for decision:- in the interest of road safety and to protect the village environment of Abermagwr

C490

Proposed 30mph Speed Restriction Order – C1118 Cwmystwyth, near Devil’s Bridge

DECISION

That the necessary draft Speed Restriction Order be published as shown in the schedules, and, subject to no objections, be subsequently made.

Reason for decision:- in the interest of road safety and to protect the village environment of Cwmystwyth

C491

Proposed 30mph Speed Restriction Order –B4343 and Side Roads, Ffair Rhos near Pontrhydfendigaid

DECISION

That the necessary draft Speed Restriction Order be published as shown in the schedules, and, subject to no objections, be subsequently made.

Reason for decision:- in the interest of road safety and to protect the village environment of Ffair Rhos

C492

Proposed 30mph Speed Restriction Order –C1064 and Side Roads, Llanafan near Trawsgoed

DECISION

That the necessary draft Speed Restriction Order be published as shown in the schedules, and, subject to no objections, be subsequently made.

Reason for decision:- in the interest of road safety and to protect the village environment of Llanafan

C493

Proposed 40mph Speed Restriction Order – C1010 Penrhyncoch, Aberystwyth

DECISION

That the necessary draft Speed Restriction Order be published as shown in the schedules, and, subject to no objections, be subsequently made.

Reason for decision:- in the interest of road safety and to protect the village environment of the outlaying part of Penrhyncoch on the C1010

C494

Proposed 30mph Speed Restriction Order –  A4120 Ponterwyd, Aberystwyth

DECISION

That the necessary draft Speed Restriction Order be published as shown in the schedules, and, subject to no objections, be subsequently made.

Reason for decision:- in the interest of road safety and to protect the village environment of the outlaying part of Ponterwyd on the A4120

C495

Proposed 30mph Speed Restriction Order –  B4342 and B4578 Stag’s head, Near Llangeitho

DECISION

That the necessary draft Speed Restriction Order be published as shown in the schedules, and, subject to no objections, be subsequently made.

Reason for decision:- in the interest of road safety and to protect the village environment of Stag’s Head

C496

Proposed 30mph Speed Restriction Order –  B4353 and C1172 Ynyslas, Borth

That the necessary draft Speed Restriction Order be published as shown in the schedules, and, subject to no objections, be subsequently made.

Reason for decision:- in the interest of road safety and to protect the village environment of Ynyslas

C497

Capel Dewi, Aberystwyth – Land Drainage/ Flood Alleviation Scheme- Project Appraisal Report

DECISION

(i) to note the content of the report;

(ii) to request the Director of Property, Highways and Works to prepare a design for the preferred option scheme as outlined in the Report and that this is submitted for planning approval and Environment Agency Land Drainage consent; and

(iii) following approval of (ii) above, that an application be submitted to the Welsh Assembly Government for grant aid under Section 59 of the Land Drainage Act 1991

Reason for decision:- in order to proceed with the project.

C498

Rhydypennau Playing Field Association

DECISION
To grant Rhydypennau Playing Fields Association a lease for an additional area of land in order to improve the sports facilities, subject to terms and conditions being agreed and all necessary consents being obtained.

Reason for decision:- to allow further improvements to proceed.

C499

Council Land adjoining 25 Bro Gwynfaen, Croeslan, Llandysul

DECISION

To refuse the request to purchase the corner section of Council owned verge.

Reason for decision: area should be retained for recreation purposes.

C500

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 C501 to C509 below were taken.

{Councillor E.J.K. Evans disclosed an interest in the following matter under 11(a) of the Local Code of Conduct and left the Chamber during discussions thereof}

C501

Wardens of Sheltered Housing Accommodation

DECISION

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

(ii) to defer consideration of the matter and to request a report on staffing conditions of warden’s employment, with particular reference to accommodation.

Reason for decision:- further information required

C502

Housing grant cancellation for period 1 October 2003 – 31 December 2003

DECISION

To agree that the grants outlined be cancelled.

Reason for decision: to maintain control over grant commitment

C503

Ceredigion Agricultural Injury Response

DECISION

(i) to note the content of the Report;

(ii) to acknowledge the valuable statistical information that the Ceredigion Agricultural Injury Response Group have gathered over the period 1993-2003;

(iii) to agree that Officers liaise with representatives from outside organisations and agencies involved with the agricultural industry within Ceredigion , to identify possible projects and funding opportunities that could contribute towards further reductions in accident and injury levels amongst farm workers and visitors to farms in the County; and

(iv) to refer the matter to the Agricultural Forum for their consideration.

Reason for decision: to minimise the level of accidents and injury to farm workers, their family members and visitors to farms in the County.

C504

Curiad Calon Ceredigion Awards and Welsh Food Hygiene Awards

DECISION

(i) to note the content of the Report;

(ii) that the Curiad Calon Ceredigion Award is incorporated into the Ceredigion Food and Nutrition Strategy;

(iii) that the Awards for 2004 are made once appropriate arrangements are in place to assess the nutritional element of the Award; and

(iv) to congratulate all organisations involved who have worked to achieve the required standards.

Reason for decision:- to ensure the Curiad Calon Ceredigion continues as an integral part of the County Council’s promotion of public health and safety within the County

.

C505

Trade Markets Act 1994 Offences

DECISION

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

(ii) to delegate authority to institute proceedings in relation to contraventions of the Trade Markets Act 1994 to the Director of Environmental Services and Housing, Assistant Director, Environmental Services and the Trading Standards Officer.

Reason for decision: to update details relating to officer authorization.

C506

The Motor Salvage Operator’s

Regulations 2002

DECISION

(i) to note the content of the Report;

(ii) approve introduction of a registration scheme for Motor Salvage operators in Ceredigion; and

(iii) to approve adoption of a fee of £50 to register Motor Salvage operators in accordance with the scheme.

Reason for decision: compliance with the requirements of Vehicles (Crime) Act 2001

C507

Proposed Fee Increase for Export

Certificates

DECISION

To approve increasing the fee charged for export certificates and health declarations to £17.50 for the year 2004/05.

Reason for decision: to ensure that all reasonable costs associated with the issuing export certificates and health declarations are recovered.

C508

Report of the Director of Environmental Services and Housing for information

It was RESOLVED to note the following Reports f the Director of Environmental services and Housing for information:-

1. Allocation of Council Dwellings

2. Housing Grant Application

3. Homeless Expenditure for period 1 September to 31 December 2003 – and that a further report be presented to Cabinet providing more information and up to date statistics

4. Sale of counterfeit DVD’s

5. LPG Dispenser Testing Programme

7. Prosecution for animal health and welfare offences

8. Local Housing Needs Assessment

C509

Prosecution for animal health and

welfare offences

Councillor R.P. Quant addressed Cabinet

on the case involving Dafydd Raw-Rees

and stated that he felt that a balanced report

on that  matter had not been presented. 

DECISION

(i) that, in future, results of prosecutions would only be reported on briefly; and

(ii)  that details be prepared of the costs

associated with a recent case dealing

primarily with unfit meat

Reason for decision:-

1. in order to update Cabinet Members

2. to respond to Councillor E.J.K. Evans’ request for information

C510

Freedom of Information Act 2000

Consideration was given to the Report of the Director of Corporate and Legal Services updating Members of a recent Audit Report in relation to the Freedom of Information Act 2000.

DECISION

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

(ii) to note the Audit Plan and accept the Action Plan with the amendments outlined.

Reason for decision:- in order to proceed with the work required to implement the Freedom of Information Act 2000.

C511

Community Legal Service Partnership

Consideration was given to the Report of the Director of Corporate and Legal Services updating Members in relation to the Legal Services Commission’s proposal regarding the funding of a Welfare Benefits Advice Contract in Aberystwyth.

It was noted that the 2004/05 budget had been agreed, subject to final confirmation by Council, and that growth needs had been restricted to available resources.  As this was a new demand, an assessment of its impact on resources was required.

DECISION

To request that a further Report be presented to Cabinet analysing the impact on resources of the proposal.

Reason for decision: further information required.

C512

“Telling Concerns”

It was RESOLVED to note the Report of the Director of Social Services updating Cabinet in relation to the Children’s Commissioner for Wales’s Review of the operation of Complaints and Representations and Whistleblowing procedures and arrangements for the provision of Children’s Advocacy Services.

C513

Nomination of Members to CERTWG and Ceredigion CHC

DECISION

(i) to nominate the following Members to serve on CERTWG:-

Independent Group

Councillors R.P. Quant, D.J Evans, S.G. Hopley, A. Wilson;

Plaid Cymru Group

Councillors S.H. Richards, C.Llwyd

Liberal Democrats Group

Councillor F. Williams

Ungrouped

Councillor H.T. Jones; and

(ii) to nominate the following to serve on Ceredigion CHC:-

a) Councillor S.G. Hopley to represent the Independent Group; and

b) to request the Leader of the Liberal Democrat Group to select one of his Members and advise the Department of Corporate and Legal Services.

Reason for decision:- nominations required.

C514

Victoria Climbé Inquiry – Action Plan

Consideration was given to the Report of the Director of Social Services updating Members in relation to developments in the Victoria Climbé Inquiry.

He gave a presentation on the findings of the Inquiry, giving details of:-

·         the background of the case

·         Inquiry recommendations

·         Governmental Responses and the

differing elements in England and

Wales

·         Local Action

·         Key messages

DECISION

To note the content of the Report and the progress made to date in relation to the Action Plan.

Reason for decision:- update on Inquiry findings and progress of Action Plan.

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

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

C515

County Farms – Milk Quotas

DECISION

(i) that the unused milk quota be transferred to the six milk producing tenants;

(ii) that this be done on the basis of a discount to the current market price as opposed to a rent increase;

(iii) that formal agreements be concluded before 17 March 2004 to avoid loss of milk quota.

Reason for decision: in order to acquire and transfer milk quotas.