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THE VALE OF GLAMORGAN COUNCIL 

 

 

MINUTES of a meeting held on 9^th May, 2007.

 

Present: Councillor N.P. Hodges (Mayor); Councillors Ms. M.E. Alexander, Mrs. S. Bagstaff, R.J. Bertin, Mrs. M.E.J. Birch, Ms. R.M. Birch, Ms. L. Burnett, Mrs. J.E. Charles, P. Church, Miss. J. Cole, Mrs. C.V.L. Clay, J. Clifford, G.A. Cox, R.F. Curtis, A.D. Dobbinson, S.C. Egan, A.M. Ernest, C.P. Franks, N.J. Gibbs, E. Hacker, A.D. Hampton, Mrs. V.M. Hartrey, M.R. Harvey, H.J.W. James, T.H. Jarvie, G. John, F.T. Johnson, Mrs. M. Kelly Owen, G.C. Kemp, Mrs. A.J. Moore, N. Moore, C.L. Osborne, A.G. Powell, Mrs. A.J. Preston, Mrs. M. Randall, S.I. Sharpe, B.I. Shaw,  K.R. Stockdale, J.W. Thomas, W.C. Vaughan, Mrs. M.R. Wilkinson, S.T. Wiliam, A.C. Williams, A.J. Williams, C.J. Williams and E.T. Williams.

 

 

1099               APOLOGY FOR ABSENCE -

 

This was received from Councillor M.R. Wilson.

 

 

1100               DECLARATIONS OF INTEREST -

 

No declarations were received.

 

 

1101               MINUTES -

 

The minutes of the meeting held on 5^th March, 2007 were approved as a correct record, subject to:

 

(i)      it being noted that both of the petitions submitted at the last Council meeting had, in fact, been submitted by Councillor B.I. Shaw.

 

(ii)     it being noted that the question submitted by Councillor B.I. Shaw at the last meeting had related to Woodlands Road / Tynewydd Road: Site Update.

 

 

1102               ANNOUNCEMENTS -

 

(i)      The Leader referred to Councillors Charles, Franks, Kemp and Shaw having stood for election in the recent Welsh Assembly Government elections.  In doing so, she also congratulated, Councillor Franks on his election as an Assembly Member.

 

(ii)     The Leader, on behalf of the Council, welcomed Councillor Bagstaff to her first meeting of the Council following her election as a Member for Llantwit Major Ward.

 

(iii)    The Leader referred to Jane Hutt and Lorraine Barrett’s successful re-election as Assembly Members.

 

(iv)    The Leader expressed her appreciation and congratulated the Mayor on the way in which he had not only run Council meetings during his year in office but also to the way he had conducted himself as the First Citizen of the Vale.  She referred in particular to the extensive publicity and interest he had generated in the Town Hall redevelopment and to the vast numbers of people offered the opportunity to view the facilities by the Mayor during his term of office.

 

(v)   Councillor John endorsed the comments of the Leader in respect of the Mayor and also, as Leader of Llantwit Major First Independent Group, congratulated Councillor Bagstaff on her election as a Member and welcomed her to the meeting.

 

 

1103               PETITIONS -

 

The following petitions were submitted and passed to the relevant Director:

 

(i)            Petition from residents of Greenbanks Drive and Glen Mavis Way, Barry referring to disruption to the quality of their lives and damage to their property due to anti-social behaviour of Barry College students and youths.  The petition called upon the Council to close, and remove, the footpath between Greenbanks Drive and Thistle Close (submitted by Councillor Mrs. J.E. Charles).

 

(ii)            Petition from residents of Penarth objecting to the Penarth Heights development on the grounds that the 2005 Transport Assessment for the project did little to alleviate the traffic impact in and out of Penarth and suggesting that the most effective way of reducing traffic impact would be to utilise money from the sale of the land and Section 106 money to make a significant financial contribution to the construction of an Ely River bridge (submitted by Councillor C.J. Williams).

 

(iii)            Petition from residents of Court Road, Barry referring to traffic conditions in the area and requesting the provision of a residents’ only parking zone (submitted by Councillor R.J. Bertin).

 

(iv)            Petition from residents of Pencoedtre Village, Barry requesting the installation of traffic calming measures in the vicinity on the grounds of public health and safety (submitted by Councillor B.I. Shaw).

 

(v)            Petition referring to the state of local football facilities and dangerous pitches, both at junior and senior level, in the Vale of Glamorgan and requesting the improvement of facilities at Barry Sports Centre and other sites in the Vale (submitted by Councillor A.G. Powell).

 

 

1104               BY-ELECTION FOR LLANTWIT MAJOR WARD (RO) –

 

RESOLVED - T H A T the result of the election for the Llantwit Major ward, held on 19^th April, 2007, as set out below be noted:

 

 

 

1105               NOMINATION OF MAYOR ELECT FOR THE MUNICIPAL YEAR 2007/08 (CX) –

 

Section 22 of the Local Government Act 1972 provided for the Chairman of a Principal Council to be elected annually by the Council from among the Councillors.  Section 23 of the Act provided for the election of the Chairman to be the first business transacted at the Annual Meeting of the Principal Council.  Section 25A of the Local Government Act 2000 provided that the Chairman of the Council was entitled to the style of “Mayor” or “Maer”.  On 30^th October, 2002, the Cabinet had considered the legal provisions relating to the style of Mayor and had resolved that the entitlement of the Chairman to use the style be supported and introduced with effect from the Annual Meeting of the Council in 2003. 

 

Councillor H.J.W. James moved that Councillor A.C. Williams be nominated as Mayor of the Council for 2007/08, with the proposal being duly seconded.

 

Councillor N. Moore moved that Councillor F.T. Johnson be nominated as Mayor and the proposal was again duly seconded.

 

Upon being put to the vote, it was

 

RESOLVED – T H A T Councillor A.C. Williams be nominated for election as Mayor at the Annual Meeting to be held on 16^th May, 2007.

 

 

1106               MEMBERSHIP OF COMMITTEES (CX) –

 

Council on 14^th February 2007, agreed interim arrangements in respect of the membership of certain committees pending the outcome of the Llantwit Major by-election.  Vacancies on the following Committees were allocated to the various political groups as indicated:

           

§                Appeals Committee *	(Plaid Cymru)
§                Audit Committee	(Independent)
§                Licensing Committee *	(Conservative)
§                Scrutiny Committee (Community Wellbeing and Safety) *	(Plaid Cymru)
§                Scrutiny Committee (Corporate Resources) *	(Labour)
§                Social Services Appeals Committee *	(Conservative)
§                Voluntary Sector Joint Liaison Committee *	(Conservative)
§                Senior Management Appointment Panel	(Independent)

 

Given the fact that the Independent Group had retained the seat in Llantwit Major, a further review of committee membership had been required in order to reflect, as far as practicable, overall political balance across all committees.  The simplest way of achieving this had been by reallocating the places on the six committees identified above with an asterisk (*) which were allocated to the Conservative, Labour and Plaid Cymru Groups as part of the interim arrangements, as follows :

 

            Independent Group             -            4

            Conservative Group             -             1

            Plaid Cymru Group             -               1

 

The Independent Group had indicated it had wished to take up places on the Scrutiny Committee (Community Wellbeing and Safety) / Scrutiny Committee (Corporate Resources) / Social Services Appeals Committee and the Voluntary Sector Joint Liaison Committee.  With this in mind, the retention by the Plaid Cymru and Conservative Groups of the above indicated places on the Appeals Committee and Licensing Committee respectively, would achieve the required aim of achieving overall political balance across all committees.

 

The actual membership of all committees would be determined at the Annual Meeting on 16^th May 2007.

 

RESOLVED - T H A T, in order to reflect, as far as practicable, overall political balance across all committees, a reallocation of the places on the six committees identified above with an asterisk (*) which were allocated to the Conservative, Labour and Plaid Cymru Groups as part of the interim arrangements, take place as follows:

 

Independent Group             -            4

Scrutiny Committee (Community Wellbeing and Safety)

Scrutiny Committee (Corporate Resources)

Social Services Appeals Committee

Voluntary Sector Joint Liaison Committee

 

            Conservative Group             -            1

            Licensing Committee

 

            Plaid Cymru Group             -            1

            Appeals Committee

 

 

1107               SCRUTINY COMMITTEES: ANNUAL REPORT / WORK PROGRAMME -

 

The report, as submitted by the Chairmen of the Council’s four Scrutiny Committees, outlined the core work of the Committees, programme of tasks and responses to issues identified by both Members and officers during the year.  The report also detailed examples of achievements of the various Committees during 2006/07.  In addition, 15 specific actions, which had been endorsed by all four Scrutiny Committees, were included, designed to further progress Scrutiny during the next two years.

 

All four Scrutiny Committee Chairmen spoke in support of the report and of the contributions of Members of all Committees to the important process of scrutiny within the Council.

 

RESOLVED - T H A T the Scrutiny Committees’ Annual Report for 2006/07 be noted.

 

 

1108               LOCAL AUTHORITIES (EXECUTIVE ARRANGEMENTS) (FUNCTIONS AND RESPONSIBILITIES) (WALES) REGULATIONS 2007 –

 

The Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2001 (as amended) specified the local authority functions that were not to be the responsibility / sole responsibility of an authority’s executive.

 

The Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007, came info force on 16^th February, 2007.  The effect of the legislation was to reallocate certain functions, previously the responsibility of Council, to the Executive.  The Regulations consolidated the 2001 Regulations and all subsequent amendments and continued to have the effect of making most local authority functions the responsibility of the executive.

 

The regulations made a number of specific changes as follows:

 

(a)       The following unallocated functions under the Gambling Act 2005 had been specified as functions, which may be (but need not be) the responsibility of an authority’s executive (i.e. local choice functions);

 

·           resolutions concerning casino licenses (section 166);

·           prescribing of fees for premises licence applications (section 212);

·           power to make an Order (section 284) in respect of alcohol licensed premises, removing the right to provide exempt gaming at those premises or the right to make up to 2 gaming machines available for use) (section 284);

·           power to designate officers as authorised officers (section 304);

·           power to prosecute (section 346); and

·           three year licensing policy, which describes the principles to be applied in exercising the various licensing functions - issuing of premises licences, temporary use notices and a range of permits, (section 349).

 

          This would provide consistency with the non-allocated functions under the Licensing Act 2003, which, in Wales, had been made “local choice” functions;

 

(b)       the Housing Strategy, which provided the strategic planning role for the local authority’s housing service, had been added to the list of plans, schemes and strategies, which were not solely to be executive functions thereby bringing this strategy in line with other plans, schemes and strategies;

 

(c)            functions relating to the Highways Act 1980 and the Wildlife and Countryside Act 1981, which currently featured in the Regulations as non-executive functions, had been removed from the Regulations thereby making them functions of the executive; and

 

(d)            updating of legislative references in the Schedules to the original Regulations made in 2001.

 

The various Schedules attached to the new Regulations set out in full the amended provisions relating to:

 

·                    functions not to be the responsibility of an authority’s executive (Schedule 1);

·                    functions which may be (but need not be) the responsibility of an authority’s executive (Schedule 2);

·                    functions not to be the sole responsibility of an authority’s executive (Schedule 3);

·                    circumstances in which functions are not to be the responsibility of an authority’s executive (Schedule 4).

 

The above Schedules would be incorporated within Part 3 of the Council’s Constitution.

 

One area which would need addressing as a result of the Regulations, linked to paragraph 4(c) above, related to certain matters currently dealt with by the Definitive Map Modifications Order Applications Sub-Committee.  Any function dealt with by the Sub-Committee as “Council functions” which now fell under the responsibility of the executive would have to be dealt with by the Cabinet or, more appropriately, a sub-committee thereof.  The revised arrangements to deal with such matters would be a matter for the Cabinet to determine.

 

Any further clarification required regarding the way in which the above functions would be dealt with within the Council would be the subject of a further report to Cabinet and/or Council as appropriate.

 

RESOLVED – THAT the content of the report be noted and endorsed and such action as specified or subsequently deemed necessary be taken in order to ensure the Council complies with the provisions of the Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) regulations 2007 and the Council’s Constitution be amended to reflect this legislation.

 

 

1109               AMENDMENTS TO PART II PROVISIONS -

 

The Welsh Assembly Government on 21^st March, 2007 had amended and reduced the categories of exempt information under which committee reports could be classified.  The new Regulations introduced a “public interest” test with regard to all the amended exemptions, with the exception of a claim to legal professional privilege.  The rules in respect of exemptions for the Standards Committee had also been changed.  Details of the new provisions were set out in an appendix to the report submitted to the meeting.

 

The new Regulations provided for a report to not be open for public inspection if it appeared to the “Proper Officer” that it disclosed exempt information not in the public interest to disclose.  Arrangements would be introduced whereby reports would be dealt with under Part II in accordance with the Proper Officer’s recommendation. However, should any particular meeting determine that the report should be moved into Part I, it would be deferred to the next meeting in the interests of transparency, unless it was determined that the matter was of such an urgent basis that it needed to be considered at that meeting.

 

RESOLVED – T H A T the report be noted and the Director of Legal, Public Protection and Housing Services be authorised to amend the Council’s Constitution and any other necessary documentation in order to comply with the Regulations.

 

 

1110               INDEPENDENT MEMBERS SERVING ON THE COUNCIL’S STANDARDS COMMITTEE (MO) –

 

The appointment of independent members was governed by the Standards Committee (Wales) Regulations 2001 (The Regulations).  Paragraph 20 of the Regulations provided that the term of office of a member of the Standards Committee who was an independent member of the Committee should be not less than four nor more than six years.

 

The Council had four independent members, three of whose term of office was confirmed as six years from the date of their appointment, i.e. the terms of office expired in 2007.  The term of office of the fourth member and Chairman, Mr. Samuel, had already been extended for a further four years.

 

The Welsh Assembly Government issued amendment Regulations on 14^th July, 2006 providing for a second term of office for independent members, given its view that the operation of the Regulations to date was that the Regulation preventing an independent member serving more than one term was unreasonably restrictive and was causing practical difficulties.

 

Apart from the lengthy process of recruiting independent members, who were unpaid, a number of authorities had experienced difficulties in appointing members and many felt that the experience gained by such members over the first years of the Standards Committee would be lost if authorities were required to appoint and train new members.  This was particularly so at this point in time because a substantially revised Code of Conduct was to be issued by the Welsh Assembly Government and the experience gained by the current members would be invaluable when the revised Code was introduced.

 

The Leader thanked the current Members of the Standards Committee for their service to date.  However, she also referred to her view that, in the interests of fairness and equal opportunities, other members of the community should be afforded the opportunity of applying for membership of the Standards Committee.

 

RESOLVED –

 

(1)       T H A T the Monitoring Officer undertake the statutory procedures to provide for the appointment of an additional independent member on the Standards Committee, the term of office to be for a period of 4 years, thereby bringing the membership of the Standards Committee to 9 members

 

(2)       T H A T Mr. G. Ellis, Mr. P. Langmaid and Mr. D. Perkins be appointed for a further term of 3 years, to take effect on the expiry of their current term of office.

 

 

1111               MEMBERS’ ALLOWANCES: NEW REGULATIONS (DLPPHS / DFICTP) -

 

Council received a report apprising Members of changes to the Regulations for Members’ Allowances and the need to update the Council’s Members’ Allowances Scheme accordingly.  The Local Authority (Allowances for Members) (Wales) Regulations 2007 had been approved by the Welsh Assembly Government and were to come into force from 1^st June, 2007.  In the light of the Regulations, it was necessary for the Council to consider a number of specific issues and determine associated amendments to its Members’ Allowances Scheme.  The specific issues were:

 

(i)       the requirement to enforce the suspension allowances where any Member was suspended from office.

 

(ii)      the issue of whether Chairmen and Vice-Chairmen of Licensing Committees should be treated in line with Chairmen and Vice-Chairmen of Planning Committees in setting levels of Special Responsibility Allowances.

 

(iii)     whether the 10% mark-up on the Deputy Leader’s SRA should be shared amongst more than one person.

 

(iv)     the setting of a specific time limit for the submission of claims for travel and subsistence.

 

(v)      the removal of a restriction preventing Members receiving an SRA over a certain level from receiving a carer’s allowance.

 

During the ensuing debate, the following amendments were moved:

 

(i)      that the payment of an equivalent allowance to the Chairmen and Vice-Chairmen of Planning and Licensing Committees to that of the Chairmen and Vice-Chairmen of Scrutiny Committees be not approved (moved by Councillor H.J.W. James).

 

(ii)     that the introduction of the suggested time limit of 90 days for the submission by Members of claims for travelling and subsistence be not approved (pending the circulation of the Statutory Instrument itself to Members) (moved by Councillor A.J. Williams).

 

In response to the above, reference was made by the Mayor to the Regulations which required local authorities to specify a time limit.  However, it was also acknowledged that the Regulations did not appear to preclude circumstances in which the Authority could determine that such claims could be paid after the designated time limit.  It was also pointed out to Members that, as indicated in the report, copies of the Regulations had been placed in the Members’ Room.

 

Following discussion of the various issues, a vote took place on both of the above amendments, with neither being carried.

 

RESOLVED -

 

(1)       T H A T the revised Regulations be noted

 

(2)       T H A T the Council’s Members’ Allowance Scheme be amended with effect from 1^st June, 2007 as follows:

 

(i)      the inclusion of the following clause in the scheme – “Where a member is suspended or partially suspended from any responsibility in accordance with Part III of the Local Government Act 2000 or regulations made under that Part, the relevant part of any allowance payable under this scheme in respect to that responsibility will be suspended.”;

(ii)     the payment of a Special Responsibility Allowance to the Chairmen and Vice-Chairmen of both the Planning and Licensing Committees equivalent to that paid to the Chairmen and Vice-Chairmen of Scrutiny Committees;

(iii)    the scheme be amended to allow the Leader the discretion to share the 10 percent mark up on the Deputy Leader’s Special Responsibility Allowance amongst more than one person;

(iv)    the setting within the Scheme of a maximum period of 90 days for members to submit any claims for travelling and subsistence;

(v)     the addition of the following clause to the scheme -  “Any member may elect to forgo any part of that Member’s entitlement to an allowance under this scheme.  Such an election should be made in writing (or via e-mail) to the Head of Financial Services who will make the necessary arrangements.” 

 

Provision for the payment of carer’s allowances to Members would not be incorporated within the Scheme.

 

 

1112               CAPITAL MONITORING FOR THE PERIOD 1^ST APRIL, 2006 TO 31^ST JANUARY, 2007 (CMT) –

 

RESOLVED – T H A T the proposals of the Cabinet, as set out in Cabinet Minute No. C2922, 28^th February, 2007, be approved.

 

 

1113               CAPITAL MONITORING FOR THE PERIOD 1^ST APRIL, 2006 TO 28^TH FEBRUARY, 2007 (CMT) –

 

RESOLVED – T H A T the proposals of the Cabinet, as set out in Cabinet Minute No. C2970, 28^th March, 2007, be approved.

 

 

1114               DISPOSAL OF LAND AT 57 HOLTON ROAD, BARRY AND ACQUISITION OF LAND AT THE JUNCTION OF THOMPSON STREET AND GREENWOOD STREET, BARRY (DEER) –

 

RESOLVED – T H A T the use of the Urgent Decision Procedure (Cabinet Minute No. C2926, 28^th February, 2007, as set out in Articles 13.09 (a)(ii) of the Constitution) in order to complete the acquisition of the land concerned prior to the end of 2006/07, be noted.