COUNTY COUNCIL

11^th February, 2009

PRESENT:	Councillor D.W.H. Richards (Chair)
Councillors:
S.M. Allen		S.P. Dunn	G.O. Jones	H.B. Shepardson
Ms. M.P. Binney		J.G. Edwards	I.G. Jones	A.D.T. Speake
M.J.P. Burns		D.T. Enoch	J.E. Jones	Mrs. L.M. Stephens
S.M. Caiach		Ms. L. Evans	Mrs. P.E.M. Jones	T. Theophilus
A.P. Cooper		W.J.W. Evans	T.J. Jones	D. Thomas
J.D.G. Crossley		W.T. Evans	P.H. Lewis	Mrs. G. Thomas
A. Davies		Mrs. M. Gravell	D.J.R. Llewellyn	K.P. Thomas
D.B. Davies		W.G. Hopkins	D.A. Lloyd	Mrs. S.E. Thomas
D.M. Davies		Ms. F. Hughes	S.J. Lloyd-Janes	W. David Thomas
J.J.J. Davies		M.B. Hughes	K. Madge	Mrs. J. Tremlett
Mrs. M.L. Davies		P. Hughes Griffiths	A.G. Morgan	D.A. Williams.
T. Davies		I.J. Jackson	D.H. Morgan	Mrs. J.S. Williams
W.K. Davies		S.R. James	Mrs. P.A. Palmer	P.M. Williams
W.R.A. Davies		D.M. Jenkins	R.T. Price	G.H. Wooldridge
Mrs. T. Devichand		A.W. Jones	K.D. Rees	Ms. H.E. Wyn
E. Dole		Mrs. E.A. Jones	H.C. Scourfield
Mr. M. James - Chief Executive
Mr. R. Workman - Director of Technical Services
Mr. V. Morgan - Director of Education and Children’s Services
Mr. D. Gilbert – Director of Regeneration
Mr. R. Jones – Director of Resources
Mr. B. McLernon – Director of Social Care, Health and Housing
Mr. C. Burns – Assistant Chief Executive (Customer Focus and Policy)
Mr. P. Thomas - Assistant Chief Executive (People Management and Performance)
Mr. L. Thomas - Head of Administration and Law
Mr. J. Fearn – Head of Corporate Property
Ms. D. Williams – Press Manager
Ms. S. Jones – Principal Democratic Services Officer
(Council Chamber, County Hall, Carmarthen – 10.00 a.m. – 1.05 p.m.)

1. APOLOGIES

Apologies for absence were received from Councillors D.J. Davies, D.R. Davies, M.H. Evans, P.M. Hughes, W.H. Jones, W.J. Lemon, W. Dorrien Thomas and J.E. Williams.

2. DECLARATIONS OF PERSONAL INTERESTS

Councillor	Minute Reference	Nature of Interest
Mrs T. Devichand	15 – Minutes of the Social Justice Scrutiny Committee – 12/01/09 (Minute no. 4 – Needle Exchange Scheme in Carmarthenshire). 13 - Minutes of the Housing Scrutiny Committee – 20/01/09.	Member of the Regional Board Co-operative Group dealing with pharmacies. Landlord.

3. PERSONAL MATTERS AND CHAIR’S ANNOUNCEMENTS

● The Chair reported that Councillor D.J. Davies had recently been admitted to hospital.

● The Chair welcomed back Councillor D.T. Enoch to his first meeting of Council following his recent illness.

● Reference was made to the excellent service provided by the Authority’s employees during the recent period of adverse weather. Particular tributes were paid to Highways staff responsible for organising and gritting the roads and Social Care staff involved with the home care and meals on wheels service and also volunteers. The Director of Technical Services and Director of Social Care, Health and Housing were congratulated and were requested to convey the Council’s appreciation to the employees concerned.

● The Chair referred to certain functions which he had attended recently in his capacity as the official representative of the Council and stated that it was disappointing to note the lack of recognition and acknowledgement given by the organisers to the office of the Chair of Council.

4. COUNCIL MINUTES – 14^TH JANUARY, 2009

Arising from minute no. 8 (Housing Revenue Account Asset Management Strategy progress report) reference was made to the proposed demolition of the Llys Newydd complex at Seaside, Llanelli in order to construct 4 residential bungalows. Concern was expressed at this proposal as Llys Newydd was currently used as a meeting and social centre for elderly residents in the area. The Director of Social Care, Health and Housing stated that he would discuss the concerns raised with the local members.

UNANIMOUSLY RESOLVED that the minutes of the meeting of the Council held on the 14^th January, 2009 be signed as a correct record.

5. EXECUTIVE BOARD RECOMMENDATION – WALES AUDIT OFFICE RELATIONSHIP MANAGER’S ANNUAL LETTER 2007/08, INCLUDING THE IMPROVEMENT PLAN AUDIT

Council was informed that the Executive Board, at its meeting held on the 5^th January, 2009 (Minute No. 4 refers), had considered the Wales Audit Office Relationship Manager’s Annual Audit Letter 2007/08, including the Improvement Plan Audit.

The Chair welcomed Mr. Ceri Stradling, the Wales Audit Relationship Manager and Ms. J. McNicholas, Senior Auditor to the meeting.

It was noted that the Annual Audit Letter was an important external regulatory assessment of the Council’s Corporate Management, Improvement, Performance Management Framework and Financial arrangements. Mr Stradling stated that the Audit Office had issued the Council with an unqualified audit certificate and he gave a presentation highlighting that:

- “the Council’s 2007/08 Financial Statements present fairly the Council’s financial position and were properly prepared;

- the Council’s Improvement Plan has been delivered appropriately and represents a balanced picture of performance in the last year;

- the Council continues to improve its risk assessment process to ensure that all staff and elected members are fully engaged in the process;

- the Council has engaged positively with the Wales Audit Office’s initiatives to promote improvement;

- the Council’s Improvement Agreements comply with the requirements of the Assembly Government’s guidance, with the Council being one of the first to get its Improvement Agreements finalised.”

The following questions/observations were raised on the report/presentation:

● Further clarification was sought regarding the following reference in the Annual Letter “Our certification of the Council’s grant claims and returns is nearing completion and while arrangements have been improved overall some specific areas of weakness have been identified which have been reported to management for action”. Mr. Stradling explained that in recent years, grants management had been identified as a risk area for the Council, which if not addressed, could result in claw back of grant monies. He stated that the Council had recognised these weaknesses and had taken steps to address the issue e.g. a number of new roles, processes and procedures had been introduced to strengthen the systems in place. One specific grant claim was currently under investigation and it was expected that the issue would be concluded by the end of the financial year.

● Reference was made to point 55 of the Annual Letter that referred to the escalating waste management targets of the EU Landfill Directive. Concern was expressed that the Welsh Assembly Government’s (WAG) targets would increase even further. Mr. Stradling explained that the WAG was bound by the EU Directive and had no discretion with regard to setting waste recycling targets. He stated that Carmarthenshire had done well in attaining the targets to date, but it was expected that this would become increasingly challenging as the targets increased over time.

● Council was pleased to note the findings of continual improvement contained in the Annual Audit Letter, and welcomed the recognition of the challenging decisions it had made, especially in the Social Services area. It was also pleasing to note that the Authority’s sharing of good practice and collaborative working had been acknowledged and the fact that the level of its reserves was considered accurate and not excessive.

● Appreciation was expressed to the Executive Board, Chief Executive, Directors and their staff for securing economy, efficiency and effectiveness in the use of the Authority’s resources.

● The Chair thanked Mr. Stradling for his report and presentation. He also thanked Ms. McNicholas for her contribution and wished her well in her new post with Neath Port Talbot Borough Council.

UNANIMOUSLY RESOLVED that the following recommendation of the Executive Board be adopted:

“that the Wales Audit Office Relationship Manager’s Annual Audit Letter 2007/08, including the Improvement Plan Audit be accepted.”

6. EXECUTIVE BOARD – 5^TH JANUARY, 2009

Arising from minute no. 7 (Update on the EU Convergence Programme), a question was asked as to whether there was any progress with the release of funding? The Chief Executive replied that unfortunately, the WAG had still not released funding to enable the payment of grants to the various approved projects to commence. Council was informed that representations had been made to the WAG, including Ministers and individual AMs, and to the Welsh European Funding Office (WEFO) regarding the difficulties caused as a result of the delay in release of funding and urging the release of funding as this was now the third year of the programme.

In response to a question as to the reasons for the delay in release of funding, the Chief Executive was of the view that this was partly attributable to the more strategic approach adopted by the WAG. This meant that fewer schemes would be approved than under Objective 1, as the type of projects invited to bid for convergence funding were large regional projects, rather than individual bids. He stated that the WAG regulations governing collaborative projects of this nature were extremely complex and this had created a great deal of confusion, both within WAG and with partners.

It was proposed that the Local and Regional AMs, together with representatives of WEFO, be invited to attend a meeting or seminar to discuss the Convergence Programme and the delays in issuing funding to enable projects to proceed. In response to a suggestion that the AMs and WEFO representatives should be invited to attend a Council meeting, it was suggested that another option might be to organise a meeting of the Policy and Resources Scrutiny Committee and that any member wishing to do so could attend the meeting of the Committee.

Arising from minute no. 9 (Tri-Level Reform in the Dinefwr Area of Carmarthenshire – A First Strategic Review for Consultation), it was suggested that the Executive Board should consider the issue of tri level reform on a county wide basis rather than undertake consultation in respect of the Dinefwr area (which included the Gwendraeth Valley) in isolation. The Director of Education and Children’s Services explained that the Annual Network Development Plan (ANDP) referred to tri level reform on a county wide basis. The ANDP contained proposals for the Llanelli and Taf Myrddin schools clusters as well as Dinefwr and these proposals had been explained in detail at the seminar held for Council members in January 2008.

A further seminar had been held on 18^th September, 2008 which focused on the document produced in response to the PAWB paper (Partneriaeth ar Waith Bro – Community Partnership in Action) “Improving Access to Learning, Training and Well-being : Applying the Tri-level Reform Model in the Dinefwr cluster of schools in Carmarthenshire”. The PAWB paper was produced and agreed by a group representing the Department for Children, Education Lifelong Learning and Skills (DCELLS) of the Welsh Assembly Government, Carmarthenshire Local Authority and representatives of secondary schools, Coleg Sir Gâr and the voluntary sector in Dinefwr.

The Director of Education and Children’s Services stated that he could organise a refresher members’ seminar to explain the proposals on a county wide basis, if Council so wished. Members welcomed this suggestion and felt that a further seminar would be particularly beneficial for new members elected in May 2008.

The Chief Executive reminded Council that WAG funding for secondary education was targeted in an entirely different manner from 2010 onwards. The WAG Guidance advocated the grouping of schools, and if the proposals for tri-level reform in the Dinefwr area were approved following the consultation period, then this cluster of schools would be amongst the first in Wales to obtain funding as part of the WAG’s strategic investment proposals that was directed at Local Authorities with transformational agendas.

Arising from minute no. 10 (Modern Apprenticeships), clarification was sought regarding the mechanism to map future workforce needs. The Assistant Chief Executive (People Management and Performance) explained that a more formal, robust mechanism had recently been established for business and workforce planning. This meant that the Authority would be better placed to deal with the issue of Modern Apprenticeships in the future. It was also noted that the WAG was currently considering the funding issues for modern apprentices, and further details would be reported in due course.

UNANIMOUSLY RESOLVED:

6.1. that the report of the above meeting be received.

6.2. that the Local and Regional Assembly Members representing Carmarthenshire and representatives of WEFO be invited to attend a meeting to be organised by the Council to discuss the Convergence Programme and the delays in issuing funding for projects.

6.3. that a further Members’ Seminar be held in relation to tri level reform within Carmarthenshire.

7. EXECUTIVE BOARD – 19^TH JANUARY, 2009

Reference was made to minute no. 4 (Memorandum of Understanding with the Environment Agency, Countryside Council for Wales and Dwr Cymru Welsh Water on safeguarding the environmental quality of the Burry inlet Special Area of Conservation and Carmarthen Bay etc. in respect of developments and regeneration schemes in the Llanelli area). Concern was expressed at the misleading information published in the press regarding cockle mortality, allegedly due to possible inputs of sewage effluents even though no clear evidence of a direct or indirect causal link had been provided in the report. The Chief Executive stated that a press release had been issued by Council to correct the misleading information.

In response to questions regarding water quality issues and associated matters, the Director of Regeneration explained that the Memorandum of Understanding did not affect the progress of the scientific study that was ongoing. The Chief Executive stated that Memorandum of Understanding aimed to protect the natural environment in compliance with European legislation and facilitate development and bolster the economy in the Llanelli area. He stated that copies of the Memorandum were available to any Member who requested it.

UNANIMOUSLY RESOLVED that the report of the above meeting be received.

8. POLICY AND RESOURCES SCRUTINY COMMITTEE – 17^TH DECEMBER, 2008

Arising from minute no. 3 (Departmental Performance Monitoring Report for the period 1^st April 2008 to 30^th September 2008) reference was made to indicator 1.3.2.4 relating to the percentage of senior management posts filled by women which was off target. A question was asked as to what remedial action could be taken? The Assistant Chief Executive (Customer Focus and Policy) gave an assurance that the Authority actively promoted and encouraged women to progress their careers within the authority. However, performance was dependant upon turnover and changes in the number of Heads of Service posts. He stated that the Authority worked strategically with Chwarae Teg with the aim of developing a more robust action plan.

UNANIMOUSLY RESOLVED that the report of the above meeting be received.

9. POLICY AND RESOURCES SCRUTINY COMMITTEE – 7^TH JANUARY, 2009

UNANIMOUSLY RESOLVED that the report of the above meeting be received.

10. ENVIRONMENT SCRUTINY COMMITTEE – 15^TH JANUARY, 2008

Arising from minute no. 3 (Post Evaluation Report of the Introduction of the Revised Waste Recycling Rounds), a request was made for additional glass recycling facilities in the Llanelli area. The Director of Technical Services stated that additional vehicles had recently been purchased which would enable the Authority to increase its glass recycling facilities.

Arising from minute no. 6 (Environment Scrutiny Task and Finish Planning Document) it was indicated that voting on the resolution had been recorded as “unanimous” whereas this had not been the case. Reference was made to the recent inclusion of the word “Unanimously” before resolutions of all formal meetings, and it was considered important for the accuracy of the minutes that Chairs should clearly ask for votes for and against as well as abstentions in respect of all resolutions.

UNANIMOUSLY RESOLVED that the report of the above meeting be received.

11. JOINT MEETING OF THE HEALTH AND SOCIAL CARE AND EDUCATION AND CHILDREN’S SERVICES SCRUTINY COMMITTEE – 21^ST JANUARY, 2009

UNANIMOUSLY RESOLVED that the report of the above meeting be received.

12. HEALTH AND SOCIAL CARE SCRUTINY COMMITTEE – 21^ST JANUARY, 2009

Arising from minute no. 4 (Delayed transfers of care update), in response to a question regarding the current position, Council was informed that for the month of January there had been no delayed transfers of care due to social services’ reasons. Currently there were no delayed transfers of care at the West Wales General Hospital, and only 7 delayed transfers of care within the entire county which was well below the WAG target of a maximum of 22.

UNANIMOUSLY RESOLVED that the report of the above meeting be received.

13. HOUSING SCRUTINY COMMITTEE – 20^TH JANUARY, 2008

UNANIMOUSLY RESOLVED that the report of the above meeting be received.

14. REGENERATION AND LEISURE SCRUTINY COMMITTEE – 8^TH JANUARY, 2009

UNANIMOUSLY RESOLVED that the report of the above meeting be received.

15. SOCIAL JUSTICE SCRUTINY COMMITTEE – 12^TH JANUARY, 2009

UNANIMOUSLY RESOLVED that the report of the above meeting be received.

16. APPEALS COMMITTEE – 5^TH JANUARY, 2009

UNANIMOUSLY RESOLVED that the report of the above meeting be received.

17. AUDIT COMMITTEE – 23^RD DECEMBER, 2008

UNANIMOUSLY RESOLVED that the report of the above meeting be received.

18. MEMBERS’ APPOINTMENTS COMMITTEE - 8^TH JANUARY, 2009

UNANIMOUSLY RESOLVED that the report of the above meeting be received.

19. PLANNING COMMITTEE – 23^RD DECEMBER, 2008

UNANIMOUSLY RESOLVED that the report of the above meeting be received.

20. PLANNING COMMITTEE – 13^TH JANUARY, 2009

UNANIMOUSLY RESOLVED that the report of the above meeting be received.

21. PLANNING COMMITTEE – 22^ND JANUARY, 2009

UNANIMOUSLY RESOLVED that the report of the above meeting be received.

22. EXCLUSION OF THE PUBLIC

RESOLVED pursuant to the Local Government Act 1972, as amended by the Local Government (Access To Information)(Variation) Order 2007, that the public be excluded from the meeting during consideration of the following item as the report contained exempt information as defined in Paragraph 14 of Part 4 of Schedule 12A to the Act.

23. POTENTIAL LAND PURCHASE AND EMPLOYMENT OPPORTUNITY

Following the application of the public interest test it was RESOLVED pursuant to the Act referred to in Minute No. 22 above, to consider this matter in private, with the public excluded from the meeting as it would involve the disclosure of exempt information relating to the financial or business affairs of any particular person (including the Authority holding that information) (Paragraph 14 of Part 4 of Schedule 12A to the Act).

The public interest test in this matter related to an opportunity for the Council to purchase some land, with the aim of increasing employment prospects in the area. Release of the information in the report at the present time would be premature and would be likely to jeopardise the opportunity. The public interest in disclosure was therefore outweighed by the public interest in maintaining confidentiality.

24. POTENTIAL LAND PURCHASE AND EMPLOYMENT OPPORTUNITY

The Council considered a report relating to an opportunity that had arisen for Council to purchase, at market value, a significant potential employment site before it was openly marketed. The report also referred to the prospective resale of the site to a developer who had approached the Council with a potential significant inward investment opportunity that was projected to create 25 jobs by September, 2009; 65 jobs within a year and potential for 400 jobs in the long term.

The Head of Corporate Property referred to site map indicating the internal and external layout of the various buildings on the site. Upon conclusion of the presentation, officers responded to various questions/observations including the reasons for the proposed resale to the developer as opposed to the developer purchasing the site directly, the type of business involved and whether a portion of the site could be retained for sport and recreational use for the community.

UNANIMOUSLY RESOLVED:

24.1. that the purchase of the site, as detailed in the verbal report provided at the meeting, be approved.

24.2. that the potential resale of the site, as detailed in the report, be approved.