Agenda and minutes

Venue: Council Chamber - County Hall, Llandrindod Wells

Contact: Stephen Boyd  01597 826374

Items
No. Item

1.

Apologies

To receive apologies for absence.

2.

Minutes pdf icon PDF 47 KB

To authorise the Chair to sign the minutes of the meetings held on 22nd January and 24th January as correct records.

Additional documents:

Minutes:

The Chair was authorised to sign the minutes of the meetings held on 22nd and 24th January as correct records.

3.

Declarations of Interest

To receive any declarations of interest from Members relating to items to be considered on the agenda.

Minutes:

County Councillors G Breeze, G Jones, F Jump, PE Lewis, M Mackenzie, S McNicholas, P Pritchard, K Roberts-Jones, E Roderick, D Selby, RG Thomas, TJ Van-Rees and JM Williams declared personal, non-pecuniary interests in the Liberal Democrat amendment on the budget as members appointed by Council to various voluntary groups.

 

County Councillor A Davies declared a personal and prejudicial interest in the item on Llanfyllin All-Through School as he had a relative employed at Llanfyllin High School. County Councillors E Jones, G Jones, P Roberts, L Roberts and RG Thomas declared personal, non-prejudicial interests as local authority appointed governors at schools affected by the proposals.

 

County Councillor M Alexander declared a personal and prejudicial interest in the item on Banw CP School and Llanerfyl C in W School as a governor at Llanerfyl.

 

County Councillors DE Davies, G Morgan and TJ Van-Rees declared personal and prejudicial interests in the Pay Policy Statement as relatives of Council staff.

 

County Councillor R Williams declared a personal non-prejudicial interest in the question on support for staff with mental health problems as Treasurer of Brecon MIND.


County Councillor G Thomas declared a personal and prejudicial interest in the notice of motion moved by County Councillor P Pritchard as a friend of the family affected by the motion.

 

4.

Chair's Announcements

To receive any announcements from the Chair of Council.

 

Minutes:

The Chair thanked everyone involved with the organisation of the Welsh Guards parade in Brecon on 1st March.

 

He also thanked Freedom Leisure Manager Gareth Lawrence who had cycled 106 miles in support of the Chair’s charities on 1st March.

 

Council congratulated Environmental Health officer Sam Lauder who had received a Chartered Institute of Environmental Health Excellence Award in recognition of his work with the British Red Cross’s Emergency Response Unit and through his volunteering in humanitarian, aid and sanitation programmes in the Democratic Republic of the Congo, Zambia and Sierra Leone in response to the ebola outbreak.

 

5.

Leader's Announcements

To receive any announcements from the Leader.

Minutes:

The Leader thanked everyone involved in the organisation of the very successful Careers Festival at the Royal Welsh showground on 6th March.  She advised that the operation and management of the county’s 12 residential care homes and one integrated health and care centre had been awarded to Shaw healthcare. It was suggested that a letter of appreciation be sent to BUPA who had managed the homes for the last 20 years.

 

The Leader also new referred to the opening of the new fitness suite and gym at Knighton Leisure Centre developed with private sector support from Freedom Leisure and Radnor Hills Water, the opening of the new school building at Carno and the opening of the Newtown bypass. Finally, she referred to the successful joint trade delegation at the Senedd promoting the region’s economic strengths in support of Mid Wales Growth Deal which would be followed by a further event at Westminster.

 

 

 

 

6.

Chief Executive's Briefing

To receive a briefing from the Chief Executive.

Minutes:

The Chief Executive thanked everyone for the warm welcome she had received since joining the Council.

7.

Public Questions

7.1

Question to the Portfolio Holder for Economy and Planning from Elizabeth Newman pdf icon PDF 48 KB

Is the need to have all Planning Conditions fully discharged before work commences now a thing of the past in Powys?

Minutes:

Is the need to have all Planning Conditions fully discharged before work commences now a thing of the past in Powys?

 

Response

Not all planning conditions need to be fully discharged before work commences. For example, a condition could require works to be undertaken prior to the first occupation of a building or with six months of the commencement of development. This stance has not altered from that taken in the past. Given the various implementation time frames, it is vital that all conditions should be worded so that it is clear when they should come into effect.

 

Mrs Newman’s supplementary question was to ask when the discharge of conditions would be put in front of the Planning Committee and the issues raised within the objections fully debated and decided in public. The Portfolio Holder said he would provide a written response.

 

7.2

Question to the Portfolio Holder for Economy and Planning from Iain Aitken pdf icon PDF 52 KB

Powys Council has astonished and dismayed the public across Wales by repeated refusals to enforce against the Hendy Wind Farm despite multiple contraventions against planning law. In brief:

         The developer has breached Condition 2 by not adhering to permitted plans: construction compound and track to Turbine 5 lie wholly outside the site red line;

         The developer has introduced a new element, a hardstanding area on the N E corner of the common, but no application for planning or Commons Act consent has been submitted. Development Management must be very well aware that some form of ‘restricted works’ on the common are essential to permit delivery of turbine parts to the site;

         The developer has breached Condition 49 by starting construction without the required Commons Act consent;

         The developer has in fact almost completed the installation of a turbine before a single one of the conditions precedent has been discharged.

The public have repeatedly been told that it has been judged ‘expedient’ not to enforce.

 

Please could the Portfolio Holder for Economy and Planning, currently Cllr Martin Weale, set out precisely what criteria have been considered in assessing the ‘expediency’ of enforcement against this developer?

 

Minutes:

Powys Council has astonished and dismayed the public across Wales by repeated refusals to enforce against the Hendy Wind Farm despite multiple contraventions against planning law. In brief:

         The developer has breached Condition 2 by not adhering to permitted plans: construction compound and track to Turbine 5 lie wholly outside the site red line;

         The developer has introduced a new element, a hardstanding area on the N E corner of the common, but no application for planning or Commons Act consent has been submitted. Development Management must be very well aware that some form of ‘restricted works’ on the common are essential to permit delivery of turbine parts to the site;

         The developer has breached Condition 49 by starting construction without the required Commons Act consent;

         The developer has in fact almost completed the installation of a turbine before a single one of the conditions precedent has been discharged.

The public have repeatedly been told that it has been judged ‘expedient’ not to enforce.

 

Please could the Portfolio Holder for Economy and Planning, currently Cllr Martin Weale, set out precisely what criteria have been considered in assessing the ‘expediency’ of enforcement against this developer?

 

 

Response

Local planning authorities have discretion to take enforcement action, when they regard it as expedient to do so having regard to the development plan and any other material considerations.

The ‘development plan’ and ‘any other material considerations’ are the main criteria used by the Investigating Officer for the Hendy wind farm development to assess the expediency of taking enforcement action. In this instance Planning Officers have taken into account considerations such as the information submitted by the applicant to discharge relevant conditions, consultee responses, such as those received from Natural Resources Wales and public representations, when assessing expediency.

 

Mr Aitken’s supplementary question was to ask the Portfolio Holder to confirm Counsel’s advice that only environmental harms are relevant to an enforcement decision, and not harm to public amenity, contrary to Government guidance and to assure the public that the developer would be required to have all pre-commencement conditions approved and all planning consents in place before construction was allowed to begin again. The Portfolio Holder said he would provide a written response.

 

7.3

Question to the Portfolio Holder for Highways, Recycling and Assets from Stephen Meadowcroft pdf icon PDF 279 KB

Would the Councillor share with us the current trends over the last 6 months for recycling in North Powys, in particular the tonnages for each waste material he is intending to process through the Abermule Recycling Facility when it is intending to come into operation?

 

Minutes:

Would the Councillor share with us the current trends over the last 6 months for recycling in North Powys, in particular the tonnages for each waste material he is intending to process through the Abermule Recycling Facility when it is intending to come into operation?

 

Response

 

Would the Councillor share with us the current trends over the last 6 months for recycling in North Powys, in particular the tonnages for each waste material he is intending to process through the Abermule Recycling Facility when it is intending to come into operation?

 

Response

 

The following graph shows the material that has been collected through the kerbside collection and Community Recycling Sites in North Powys during the current financial year. Whilst there is some seasonal fluctuation particularly with green waste, the tonnages have remained fairly constant over the year.

 

 

 

The bar chart below illustrates how much of the current kerbside waste stream is recycled countywide compared to what is potentially available to recycle or compost based on compositional analysis. This clearly shows that the requirement for bulking facilities for recyclable material will increase as we achieve each of the Welsh Government’s Statutory Recycling Targets.

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

c

 
"..'

c


 

45000

 

 

40000

 

 

35000

 

 

30000

 

 

25000

 

 

20000

 

 

15000

 

 

10000

 

 

5000

 

 

0


Kerbside Residual,Recycling andGarden WasteTonnages

 

 

 

 

 

2018/19•                                                                                               Possible••


 

 

ProjectedEnd..of·Year


Food   Glass   Paper& Card   Cans& Plastics   GardenWaste   Residual


•• BasedonCompositional Analysisof Residual\Waste

 

 

 

 

Mr Meadowcroft’s supplementary question was to ask for an independent review of the plan to scrutinise forecast recycling figures as he contended that the planned facility was 40 times bigger than needed. The Portfolio Holder advised that the forecasts showed that there would be an increase in kerbside recycling collections and therefore the facility was needed.

 

7.4

Question to the Portfolio Holder for Highways, Recycling and Assets from Jeffrey Matthews pdf icon PDF 53 KB

Powys Councillors will be fully aware of the rapid, almost weekly changes in recycling methods, technology and government regulations surrounding the waste industry. Here in Powys the recycling work is successfully done 'out of house' at the moment, and those business will bear the future costs of expensive changes in the waste industry. Because Powys's main duty is to collect waste, not to run competing businesses in the waste industry, is it a wise decision for the council to be investing huge effort and millions of pounds in such a constantly changing scenario in this time of cutbacks?

Minutes:

Powys Councillors will be fully aware of the rapid, almost weekly changes in recycling methods, technology and government regulations surrounding the waste industry. Here in Powys the recycling work is successfully done 'out of house' at the moment, and those business will bear the future costs of expensive changes in the waste industry. Because Powys's main duty is to collect waste, not to run competing businesses in the waste industry, is it a wise decision for the council to be investing huge effort and millions of pounds in such a constantly changing scenario in this time of cutbacks?

 

 

Response

There are indeed many changes happening in the waste and recycling industry and the Welsh Government has been at the forefront of those changes.  The challenging statutory recycling targets have meant that Wales, if taken as an independent nation, would be third in the world when it comes to recycling.  This has required local authorities to increase the quantity and quality of materials collected for recycling at the kerbside.  This is why we require strategically located facilities to store this material before transferring it to third party processors.

Powys County Council, as a unitary authority, is both a waste collection and waste disposal authority, and hence has a duty to collect and dispose of / process municipal solid waste.  The collection and transfer is currently carried out in house with processing and disposal through procured contracts.  The Council does not directly compete with businesses on this activity.  As for businesses directly bearing the cost of changes, this is currently entirely dependent on any contracts that are in place, but as a general rule risk is built into these contracts and as a result any changes in legislation will be either picked up by the local authority or by consumers.  With the increase in profile of plastic waste, deposit return schemes (DRS) and extended producer responsibility are now under consideration.  A DRS scheme will have the most impact on the higher value containers and is likely to have a limited reduction on quantities collected at the kerbside.  Previous producer responsibility initiatives such as the one for waste electrical items have generally contributed to the cost of collecting and processing materials, but collection systems have remained with the local authorities.

 

It is therefore essential that the Council continues to invest in its recycling infrastructure so that we are able to continue to meet the demands of national and international legislation and sustainably manage the waste and recycling produced by our residents.

 

Mr Matthews’ supplementary question was to ask if the planned facility was a commercial profit making enterprise in competition with local businesses. The Portfolio Holder disagreed reminding members of the Council’s statutory duty to collect waste and recyclates and to get the best return on the recyclates to keep costs down.

 

8.

Budget for 2019 - 2020, Medium Term Financial Strategy 2019 - 2024 and Capital Programme for 2019 - 2024 pdf icon PDF 91 KB

To consider the Budget for 2019 - 2020, Medium Term Financial Strategy 2019 - 2024 and Capital Programme for 2019 – 2024.

Additional documents:

Minutes:

 Council considered the budget for 2019/20, the Medium Term Financial Strategy 2019 - 2024 and Capital Programme 2019 – 2024 (copy filed with the signed minutes).

 

The Portfolio Holder for Finance, Countryside and Transport outlined changes to the paper considered by Council on 21 February that were summarised in the addendum to the budget report. The Portfolio Holder advised that a £400k improvement in the outturn report to the last Cabinet meeting had freed up some additional funding. The Section 151 Officer confirmed that the changes in the addendum were fully funded.

 

County Councillor James Gibson-Watt moved an amendment, seconded by County Councillor Gareth Ratcliffe, proposing that the £90,000 currently unallocated as contingency in 1.4 of the Budget Report to partially restore funding currently proposed to be cut in Saving LRP03 (partnerships with Arts & Cultural organisations), such funding to be distributed on a pro rata basis to organisations and groups currently in receipt of such grant funding from the council.

 

The following Councillors declared personal, non-pecuniary interests as members appointed by Council to various voluntary groups: County Councillors G Breeze, G Jones, F Jump, PE Lewis, M Mackenzie, S McNicholas, P Pritchard, K Roberts-Jones, E Roderick, D Selby, RG Thomas, TJ Van-Rees and JM Williams. 

 

The amendment was put to the vote and by 35 votes to 21 with 4 abstentions it was

 

RESOLVED to allocate the £90,000 currently unallocated as contingency in 1.4 of the Budget Report to partially restore funding currently proposed to be cut in Saving LRP03 (partnerships with Arts & Cultural organisations), such funding to be distributed on a pro rata basis to organisations and groups currently in receipt of such grant funding from the council.

 

Council voted on the recommendations in the addendum proposed by County Councillor Aled Davies and seconded by County Councillor Myfanwy Alexander.

 

Recommendation 1: by 34 votes to 26 it was

 

RESOLVED

Reason for Decision

1.   That the Medium Term Financial Strategy for 2019 to 2024 as set out in Appendix 1 to the report be agreed in principle.

 

To aid business planning and development of the budget over a three year period.

 

Recommendation 2: by 33 votes to 25 with 3 abstentions it was 

 

RESOLVED

Reason for Decision

2.     That the proposed Revenue Budget for 2019/20 shown in the Financial Resource Model in Appendix 12 which includes the changes reported in this addendum is approved.

Statutory requirement.

 

Recommendation 3: by 35 votes to 25 with 2 abstentions it was

 

RESOLVED

Reason for Decision

3.     That the Fees and Charges proposed within the Fees and Charges Register are approved (Appendix 4 and 5)

To comply with Powys County Council Income Policy.

 

Recommendation 4: by 41 votes to 21 it was

 

RESOLVED

Reason for Decision

4.     The proposed Capital Strategy for 2019/20 shown in Appendix 6 including the revised Capital Receipts Policy is approved.

Statutory requirement.

 

Recommendation 5: by 33 votes to 26 with 3 abstentions it was

 

RESOLVED

Reason for Decision

5.     That a Council Tax increase of 9.5% is included in  ...  view the full minutes text for item 8.

9.

Llanfyllin All Through School pdf icon PDF 108 KB

To discuss proposals relating to the establishment of a new all-through school in Llanfyllin to enable Cabinet to take the views expressed by Council into account when making a decision.

Additional documents:

Minutes:

County Councillor AW Davies declared a personal and prejudicial interest as a relative was employed at Llanfyllin High School and he left the meeting whilst this matter was being discussed.

 

County Councillors E Jones, G Jones, P Roberts, L Roberts and RG Thomas declared personal, non-prejudicial interests as local authority appointed governors at schools affected by the proposals.

 

Council debated proposals to close Llanfyllin C.P. School and Llanfyllin High School and to establish a new bilingual all-through school for pupils aged 4-18 on the current sites of the two schools.  Members raised issues on bilingualism and the development of Welsh language education in the area, proposals for 6th form education and a review of secondary education in North Powys, the business case and costs of the proposals including transport. The comments made would be taken into account by Cabinet when the proposal was considered on 12th March.

 

County Councillor AW Davies returned to the meeting.

 

County Councillor C Mills left the meeting at 15.00.

 

 

 

10.

Banw C.P. School and Llanerfyl C. in W. (Foundation) School pdf icon PDF 112 KB

To discuss the proposed recommendation to Cabinet in respect of Banw C.P. School and Llanerfyl C. in W. (Foundation) School, to enable Cabinet to take the views expressed by Council into account when making a decision.

 

 

Additional documents:

Minutes:

  

Council debated proposals to close Banw C.P. School and Llanerfyl C. in W. (Foundation) School and to establish a new school to establish a new Welsh-medium Voluntary Aided primary school on the current site of Banw C.P. School.

 

County Councillor Myfanwy Alexander spoke as the local member of the vital importance of sustaining Welsh as the daily language of these communities. She asked members to keep in mind the impact of the decision on the community and the need to ensure continuity of Welsh language education in the area. She then left the meeting during the debate.

 

Members raised issues on pupil numbers at the two schools, the condition of the buildings, transport costs, the need for a wider look at education in the area, pupils travelling out of the area to avoid Welsh medium education and the way the consultation had been carried out. The comments made would be taken into account by Cabinet when the proposal was considered on 12th March.

 

County Councillor  Durrant left the meeting at 15.22.

Councillor Alexander returned to the meeting.

 

Council adjourned from 16.07 to 16.19 and resumed the debate on the budget.

 

11.

BUDGET FOR 2019 - 2020, MEDIUM TERM FINANCIAL STRATEGY 2019 - 2024 AND CAPITAL PROGRAMME FOR 2019 - 2024

Minutes:

The amendments considered by Council on 21st February were moved by County Councillor Aled Davies and seconded by County Councillor James Evans.

 

Amendment 1: by 32 votes to 7 it was

 

RESOLVED

Reason for decision

1.     That within 6 months of budget setting a formal review of savings delivery is reported to full Council so that the Council takes every available measure to stay within the overall budget and if necessary this will be followed up by a further review within 2 months thereafter.

To monitor the Councils Financial Performance and ensure that savings delivery is monitored effectively.

 

Amendment 2: by 40 votes to 5 with 1 abstention it was

 

RESOLVED

Reason for decision

2.That Council supports the work underway to gain a fairer financial settlement from Welsh Government that reflects the true cost of delivering services in Powys and that a working group is formed to support this work.

To secure a fair funding model for the residents of Powys,

 

Amendment 3: by 35 votes to 13 it was

 

RESOLVED

Reason for decision

3.That Council notes the Welsh Budget has reduced in real terms and if spending had kept pace with GDP, the Welsh Government would have an extra £4 billion to invest in Public Services. Council calls on our members of the WLGA to work with partners in Welsh Government and lobby the UK Government to secure fair funding for Wales.

To secure a fair funding model for the residents of Powys,

 

County Councillor Pete Roberts moved four amendments seconded by County Councillor Maureen Mackenzie.

 

Amendment 1: Powys CC will pilot different approaches to budget development during 2019/20, such as zero base budgeting, and significant improvements in the content of Impact Assessments for the 2020-21 budget cycle was lost by 21 votes to 26 with 1 abstention.

 

Amendment 2: Cabinet, working with all other group leaders, will establish cross-party working groups to facilitate the maximum member involvement in the 2020-21 budget planning process, by 16th May 2019 was lost by 21 votes to 27.

 

Amendment 3: Where an external partner is likely to be affected by future County Council budget proposals, a set of draft proposals will be shared with such organisations by the 1st December each year at the latest to enable such organisations time to properly plan their 2020-21 and all future budgets was lost by 22 votes to 26.

 

Amendment 4: That Powys County Council  will provide support to organisations facing significant changes to their County Council grant funding, to enable them to adjust and seek new sources of revenue funding; and to report to the County Council in Autumn 2019 on the progress of this work. Councillor Roberts and Councillor Mackenzie agreed to defer putting the amendment to the vote.

 

 

12.

Council Tax Resolution for 2019/20 pdf icon PDF 187 KB

To approve the Council Tax resolution and set the Council Tax for 2019/2020.

Minutes:

Council considered the Council Tax resolution for 2019/20.

 

1.       That at a meeting of the Cabinet on the 28th November 2018, the Council calculated the following Tax Base amounts for the year 2019/20 in accordance with Regulations made under Section 33 (5) of the Local Government Finance Act, 1992.

 

(a)      Being the amount calculated by the Council, in accordance with the Local Authorities (Calculation of Council Tax Base) (Wales) Regulations 1995, as amended, as its Council Tax Base for the year 2019/2020.

 

          (b)      Part of the Council's area community of:

 

Community of:

 

Community

Tax Base 2019-20

 

Abbeycwmhir

126.79

 

Aberedw

139.34

 

Aberhafesp

218.30

 

Abermule with Llandyssil

737.34

 

Banwy

320.87

 

Bausley with Criggion

364.73

 

Beguildy

377.70

 

Berriew

758.87

 

Betws Cedewain

225.48

 

Brecon

3454.84

 

Bronllys

438.10

 

Builth Wells

1072.08

 

Cadfarch

450.76

 

Caersws

710.33

 

Carno

354.87

 

Carreghofa

318.08

 

Castle Caereinion

304.23

 

Churchstoke

848.49

 

Cilmery

236.05

 

Clyro

421.45

 

Cray

137.17

 

Crickhowell

1116.33

 

Cwmdu and District

563.11

 

Disserth & Trecoed

549.15

 

Duhonw

153.90

 

Dwyrhiw

278.81

 

Erwood

252.79

 

Felinfach

384.37

 

Forden

797.35

 

Gladestry

225.77

 

Glantwymyn

650.32

 

Glasbury

563.71

 

Glascwm

262.85

 

Glyn Tarrell

302.44

 

Guilsfield

867.62

 

Gwernyfed

485.94

 

Hay-on-Wye

881.98

 

Honddu Isaf

226.68

 

Kerry

952.26

 

Knighton

1322.87

 

Llanafanfawr

239.63

 

Llanbadarn Fawr

339.82

 

Llanbadarn Fynydd

143.64

 

Llanbister

192.39

 

Llanbrynmair

498.80

 

Llanddew

121.81

 

Llanddewi Ystradenny

144.13

 

Llandinam

440.49

 

Llandrindod Wells

2381.29

 

Llandrinio & Arddleen

720.29

 

Llandysilio

546.64

 

Llanelwedd

191.39

 

Llanerfyl

217.21

 

LLanfair Caereinion

786.19

 

Llanfechain

270.74

 

Llanfihangel

277.81

 

Llanfihangel Rhydithon

121.31

 

Llanfrynach

329.15

 

Llanfyllin

710.43

 

Llangammarch

261.26

 

Llangattock

558.61

 

Llangedwyn

199.46

 

Llangorse

565.10

 

Llangunllo

206.43

 

Llangurig

381.68

 

Llangynidr

595.29

 

Llangyniew

310.61

 

Llangynog

196.47

 

Llanidloes

1186.01

 

Llanidloes Without

314.50

 

Llanigon

283.20

 

Llanrhaeadr Ym Mochnant

592.90

 

Llansantffraid

719.11

 

Llansilin

363.93

 

Llanwddyn

122.21

 

Llanwrthwl

105.86

 

Llanwrtyd Wells

402.02

 

Llanyre

587.21

 

Llywel

254.68

 

Machynlleth

877.20

 

Maescar

474.64

 

Manafon

178.73

 

Meifod

708.33

 

Merthyr Cynog

141.84

 

Mochdre with Penstrowed

249.70

 

Montgomery

724.49

 

Nantmel

350.38

 

New Radnor

233.85

 

Newtown & Llanllwchaiarn

4333.35

 

Old Radnor

404.21

 

Painscastle

289.88

 

Pen Y Bont Fawr

252.89

 

Penybont & Llandegley

204.54

 

Presteigne & Norton

1286.19

 

Rhayader

915.38

 

St Harmon

314.00

 

Talgarth

741.43

 

Talybont-on-Usk

398.73

 

Tawe Uchaf

570.28

 

Trallong

204.95

 

Trefeglwys

463.32

 

Treflys

227.87

 

Tregynon

394.74

 

Trewern

652.92

 

Vale of Grwyney

492.75

 

Welshpool

2660.89

 

Whitton

210.52

 

Yscir

261.16

 

Ystradfelte

257.77

 

Ystradgynlais

2912.75

 

 

 

62,123:50

 

         

                                                      

              being the amounts calculated by the Council in accordance with

              the Regulations, as the amounts of its Council Tax Base for the year

              2019/2020 for dwellings in those parts of its area to which one or  

              More special items relate. Appendix One confirms the 2019/20 

              precept and band D charge for each Town and Community Council.

 

2. THE CALCULATION

 

2.1.    THAT the following amounts be now calculated by the Council for the year 2019/2020 in accordance with Sections 32 to 36 of the Local Government Finance Act, 1992:

      

a)    £440,547,237               being the aggregate of the amounts                                                          which the Council estimates for the items                                              set out in Section 32 (2) (a) to (e) of the Act                                                        

b)     £181,592,759              being the aggregate of the amounts which                                 the Council estimates for the items set                                            out in Section 32 (3) (a) to (c) of the Act

                                                           

          c)  ...  view the full minutes text for item 12.

13.

Minimum Revenue Provision Annual Statement 2019/20 pdf icon PDF 85 KB

To consider the Minimum Revenue Provision Annual Statement 2019/20.

 

Minutes:

Council considered the Minimum Revenue Provision Annual Statement for 2019/20. It was moved by the Portfolio Holder for Finance, Countryside and Transport and seconded by County Councillor James Evans and by 38 votes to 12 it was

       

RESOLVED

Reason for Decision:

1.   To use a 2% straight line calculation for MRP in relation to Supported Borrowing.

Statutory Requirement

2.   To use Asset Life Annuity Method for the calculation of MRP in relation to Unsupported (Prudential) Borrowing.

Statutory Requirement

3.   To use a 2% reducing balance for MRP in relation to Historic and the Settlement Debt for the HRA

Statutory Requirement

4.   To use Asset Life for the calculation of MRP in relation to Prudential Borrowing for the HRA

Statutory Requirement

5.   To take advantage of the guidance that allows for MRP to be deferred for assets under construction.

To match the cost of MRP to the use of an asset by a service.

 

County Councillor E Roderick left at 16.57.

 

14.

Virements

14.1

Virement for Schools Projects: Crickhowell High School Extension pdf icon PDF 63 KB

Minutes:

The local member asked why the project had been delayed and was advised that the delay was due to the Brecon Beacons National Park Authority refusing planning permission. It was moved by the Portfolio Holder for Finance, Countryside and Transport and duly seconded and by 46 votes to 0 with 1 abstention

 

RESOLVED

Reason for decision:

To approve the following virement set out in paragraph 1.2

 

To ensure appropriate virements are carried out that reflect the forecasted capital spend.

 

14.2

Virement for Ladywell House, Newtown pdf icon PDF 63 KB

Minutes:

It was moved by the Portfolio Holder for Finance, Countryside and Transport and seconded by County Councillor James Evans and by 51 votes to 0 it was

 

RESOLVED

Reason for decision:

To approve the following virement set out in paragraph 1.2

 

To ensure appropriate virements are carried out that reflect the forecasted capital spend.

 

14.3

Virement for Housing Revenue Account: Welsh Quality Housing Standard (WHQS) pdf icon PDF 65 KB

Minutes:

It was moved by the Portfolio Holder for Finance, Countryside and Transport and seconded by the Leader and by 51 votes to 0 it was

 

RESOLVED

Reason for decision:

To approve the following virement set out in paragraph 1.2

 

To ensure appropriate virements are carried out that reflect the forecasted capital spend.

 

15.

TREASURY MANAGEMENT STRATEGY STATEMENT & ANNUAL INVESTMENT STRATEGY pdf icon PDF 229 KB

To consider the Treasury Management Strategy Statement and Annual Investment Strategy.

Minutes:

Council considered the Treasury Management Strategy Statement and Annual Investment Strategy. It was moved by the Portfolio Holder for Finance, Countryside and Transport and seconded by County Councillor James Evans and by 48 votes to 0 it was

 

RESOLVED

Reason for decision:

That Council approves the Treasury Management Strategy Statement and Annual Investment Strategy.

 

Statutory Requirement

 

16.

Pay Policy Statement 2019 - 2020 pdf icon PDF 82 KB

To consider the Pay Policy Statement for 2019 – 2020.

Additional documents:

Minutes:

The Monitoring Officer explained that Wales Audit Office advice was that all

officers should leave the Chamber while this item was considered but he asked

for dispensation for the Professional Lead – Employment Services, the IT

Support Officer and the translator to remain to assist with the running of the

meeting. 

 

RESOLVED to give dispensation for the Professional Lead –Employment Services, the IT Support Officer and the translator to remain to assist with the running of the meeting.

 

County Councillors DE Davies, G Morgan and TJ Van-Rees left the meeting whilst this item was being considered having declared personal prejudicial interests in this item.

 

Members asked about payments to the Chief Executive as statutory Returning Officer and were advised that the Council was obliged to make the payments

 

An amendment was moved by County Councillor Sarah Williams, seconded by County Councillor Sandra Davies: From 1st April 2019 this is spinal column point 1, £17,364 FTE per annum (£9.00 per hour) and increase in line with the Living Wage Foundation Rate in future years. Council voted on the amendment and by 25 votes to 23

 

RESOLVED that from 1st April 2019 this is spinal column point 1, £17,364 FTE per annum (£9.00 per hour) and increase in line with the Living Wage Foundation Rate in future years.

 

Council then voted on the Pay Policy Statement for 2019/20 and by 43 votes to 3

 

RESOLVED

Reason for Decision:

To approve the pay policy statement. (Copy filed with signed minutes)

Ensure compliance with section 38 (1) of the Localism Act 2011.

 

County Councillor Gareth Jones left the meeting at 17.48.

 

17.

Notice of Motion - Nuclear Waste

In view of the current consultation on the development of an underground storage facility for nuclear waste, that the Council clearly states that it will not host such a facility on Council owned land.

 

Proposer: County Councillor Elwyn Vaughan

Seconder: County Councillor Bryn Davies

 

Minutes:

Council debated a motion proposed by County Councillor Elwyn Vaughan and seconded by County Councillor Bryn Davies and by 37 votes to 1 with 2 abstentions

 

RESOLVED In view of the current consultation on the development of an underground storage facility for nuclear waste, that the Council clearly states that it will not host such a facility on Council owned land.

 

18.

Questions in Accordance with the Constitution

18.1

Question to the Portfolio Holder for Corporate Governance, Housing and Public Protection from County Councillor Roger Williams pdf icon PDF 52 KB

What resources does Powys County Council have to support members of staff with mental health problems?

Minutes:

What resources does Powys County Council have to support members of staff with mental health problems?

 

 

Response

The Council has a number of initiatives to support employees with mental health issues. The most obvious is perhaps the Employee Counselling Service where employees can access six sessions with a BACP-registered counsellor. With regards to more difficult issues, Services may request that employees receive up to 12 sessions with the counsellor. Furthermore, employees can also be referred to Occupational Health so that a qualified Occupational Health practitioner can advise both the patient (employee) and their manager on any reasonable adjustments that can be made to assist the employee and the manager. Note too that the Council’s Sickness Absence Policy has a manager’s guide to mental health issues.

Further to this, we are currently in the process of putting together our Employee Health and Wellbeing offering which will, as it currently stands, comprise of employee surveys on health and wellbeing in the workplace, a Mental Health and Wellbeing policy, together with workplace initiatives on improving health (and of course mental health) in the workplace. The Council currently has a Stress Management Policy which has a Stress Risk Assessment that employees can complete to determine the level of stress they are experiencing.

 

County Councillor Roger Williams declared a personal interest as Treasurer of Brecon Mind. In response to Councillor Williams’ supplementary question, the Portfolio Holder confirmed that the Occupational Health service also supported elected members and agreed to send details of the service and the numbers of staff using the service.

 

18.2

Question to the Portfolio Holder for Learning and Welsh Language from County Councillor Phil Pritchard pdf icon PDF 91 KB

The review of High Schools in South Powys was completed some 3 years ago, and it was confirmed that a review of High schools in North Powys would follow shortly afterwards, with particular reference to having 3 high schools all within a radius of 11 miles. There has been no such review carried out to date.  I would be grateful if you would confirm to me when is the review for North Powys going to be carried out, and will it be followed (as previously promised) by a review of some 7 or 8 small primary village schools, all within approximately 8 miles of Llanfair Caereinion, particularly identifying the potential savings for Powys County Council?

 

Minutes:

The review of High Schools in South Powys was completed some 3 years ago, and it was confirmed that a review of High schools in North Powys would follow shortly afterwards, with particular reference to having 3 high schools all within a radius of 11 miles. There has been no such review carried out to date.  I would be grateful if you would confirm to me when is the review for North Powys going to be carried out, and will it be followed (as previously promised) by a review of some 7 or 8 small primary village schools, all within approximately 8 miles of Llanfair Caereinion, particularly identifying the potential savings for Powys County Council?

 

 

Response

 In March 2018, Cabinet approved a new School Organisation Policy and Delivery Plan.  There was no reference to considering any secondary schools within an 11 mile radius.

The Delivery Plan includes the following actions:

Ref.

Project

Links to priorities within the School Organisation Policy

What will the project deliver?

Progress to date

1.1

Implement the outcome of phase 1 of the secondary school review – North Powys

 

New Welsh-medium provision to be established

Recommendation on location for new provision and delivery plan

 

-        Work progressing on new Welsh medium secondary provision in Newtown.  Strategic Outline Case to be developed.

 

Implementation period

tba

1.2

Complete phase 2 of secondary school review – North Powys

 

Secondary schools to become ‘all through schools’ or part of  multi-sited arrangements

 

Improvements to the Powys schools estate, either as part of the Welsh Government’s 21st Century Schools Programme or as part of the Council’s Asset Management Programme

 

Recommendations  for secondary education in North Powys and implementation plan agreed

 

 

Recommendations for secondary schools in North Powys are being developed in partnership with the schools themselves.

 

The following developments are being progressed:

 

-        Llanfyllin All Through School – consultation completed

-        Llanidloes High School and Llanidloes CP School – federation agreed

-        Initial discussions taking place with Llanfair Caereinion schools

 

Newtown High School is already a dual-sited school and Ysgol Bro Hyddgen is already an ‘all through school’

 

This Cabinet has not agreed to ‘review 7 or 8 small primary village schools, all within approximately 8 miles of Llanfair Caereinion.’  However, as stated within the School Organisation Policy, the authority expects ‘Small primary schools to be part of formal collaborations / federations / amalgamations’, and is working with the primary sector to achieve this.’

 

There was no supplementary question.

 

18.3

Question to the Portfolio Holder for Adult Social Care from County Councillor Phil Pritchard pdf icon PDF 88 KB

 

It was previously agreed by cabinet that if Town Councils did not take full responsibility for running the Day Centres, PCC would close them, creating a very large and relevant financial saving.

Can you please identify costs of keeping all these Day Centres open up to date, and confirm whether or not any review is likely to take place in the near future, particularly in relation to the current suggested proposal of a 9.5% increase in council tax?

 

Minutes:

It was previously agreed by cabinet that if Town Councils did not take full responsibility for running the Day Centres, PCC would close them, creating a very large and relevant financial saving.

Can you please identify costs of keeping all these Day Centres open up to date, and confirm whether or not any review is likely to take place in the near future, particularly in relation to the current suggested proposal of a 9.5% increase in council tax?

 

 

Response

In the 2014-17 Medium Term Financial Plan, which was approved by Council on 5th March 2014, it was proposed to reconfigure Day Time Opportunities for Older People.  The proposal was to deliver the following savings 2014/15 £250k, 2015/16 £300k, 2016/17 £450k and 2017/18 £490k.  The approved proposal stated that there would be a disinvestment from Powys County Council directly delivering Day centres for Older People, whilst developing a different form of service.

For example, consideration was given to seek out community groups/voluntary organisations who might wish to run their local centres but it was emphasised that ‘it would have to be at lower cost that PCC direct delivery, and engage volunteers to assist in service delivery’.  Within this option Community Asset transfer to community groups was possible as part of the Council’s overall approach to Community Delivery.

In July 2016 Cabinet were informed about the work that had taken place up to November 2015 to find alternative providers to take over the running of the Centres on a much reduced financial envelope, resulting in only limited success.  Also, to approve options for public consultation in respect of Day Time Activities (including Day Centres) and to understand the risks and implications of each in order to support the decision making process. The Report was supported by a full Review and Options Appraisal together with a needs assessment (called a Business Intelligence Insight) for each geographical area of Powys and a whole county overview.

Following the public consultation, it was Cabinet’s decision on 20th December 2016 to remove the requirement to make the saving of £1.1m to enable the continuation of a reduced in-house day service in current localities and authorise the portfolio-holder for Adult Social Care, in conjunction with the Head of Transformation and Director of Social Services, to enter into discussions with Town and Community Councils or other community, private or third sector bodies and if appropriate conclude partnership arrangements for the funding, management or delivery of Day Time Activities.

The Cabinet report was made following consideration of the consultation responses which emphasised the value of carers’ respite provided through day centres, along with the challenges of making the savings required due to ongoing statutory requirements.

 

Expenditure incurred for the delivery of Older Day Time Activities

 

Some change to the delivery of the provision has made£188k of savings to date and further planned savings of £117k are expected in 2019/20.  One off Town Council funding was secured in 2017/18 of £35k.

There is an ongoing review with all the  ...  view the full minutes text for item 18.3

18.4

Question to the Portfolio Holder for Highways, Recycling and Assets from County Councillor Kathryn Silk pdf icon PDF 49 KB

What provisions are in place to ensure that the fabric of the current Brecon Library in Ship Street is maintained in a condition commensurate with its Listed status?

 

Minutes:

What provisions are in place to ensure that the fabric of the current Brecon Library in Ship Street is maintained in a condition commensurate with its Listed status?

 

 

Response

The Grade 2 listed library in Brecon located on Ship St is currently maintained by the Library Service.  On closure of the property the responsibility for maintenance and general care will pass to the Corporate Property team who will manage the building until such time the building is sold or transferred.  The property team will inspect the building regularly and ensure the building does not fall into disrepair during the period of non-use.  The property team will inspect prior to closure to determine how best to manage the building to ensure the fabric of the building is maintained appropriately commensurate with its listed status.

 

        Councillor Silk’s supplementary question was to ask if the Portfolio Holder agreed that the current poor state of the Library was an embarrassment and a blight on Brecon. The Portfolio Holder said he would take the issue up with the Portfolio Holder for Youth and Culture to see if there was any funding available to make good the building before it was handed over to Property.

 

18.5

Question to the Portfolio Holder for Learning and Welsh Language from County Councillor Matthew Dorrance pdf icon PDF 51 KB

The Welsh Labour Government is committed to providing 30 hours a week of government-funded early education and childcare for working parents of three and four year olds, for up to 48 weeks of the year.

 

Will the Cabinet make a statement on its preparations for the roll out the Welsh Government’s funded childcare offer?

 

Minutes:

The Welsh Labour Government is committed to providing 30 hours a week of government-funded early education and childcare for working parents of three and four year olds, for up to 48 weeks of the year.

Will the Cabinet make a statement on its preparations for the roll out the Welsh Government’s funded childcare offer?

 

 

Response

The policy aim of providing 30 hours a week of early education and childcare for working parents of three and four year olds, for up to 48 weeks of the year, by the end of the current Welsh Assembly is undoubtedly one that will be popular with eligible families.

As an Authority we are working very closely with Welsh Government officials and neighbouring Authorities on roll-out plans to ensure access to provision in all parts of the County. However, professional advice is that there remain clear and significant roll out challenges to be overcome. They principally include the adequacy of resourcing, but also include practical administrative arrangements. These are of no surprise to the partners we are working with and we will continue to work with them to secure solutions to the benefit of local communities.

 

In response to Councillor Dorrance’s supplementary question as to when the Council would start to offer parents the funded childcare offer, the Portfolio Holder advised it was not possible to give a date when it would be rolled out in every area as this could only take place when there were local providers who could deliver the service. Education and Children’s Services were working closely with providers but there was currently a shortage of qualified staff.

 

18.6

Question to the Portfolio Holder for Learning and Welsh Language from County Councillor Matthew Dorrance pdf icon PDF 50 KB

How much has Powys County Council’s decision to develop a helipad at the Prom, Brecon cost taxpayers?

 

Minutes:

How much has Powys County Council’s decision to develop a helipad at the Prom, Brecon cost taxpayers?

 

Response

The original helipad was located on the playing fields of Brecon High School, which, as you know, is where the new school is being built.  In discussions with the Brecon Lions Club, who have a licence to operate the helipad, the authority agreed to replace it and the Promenade was agreed to be a suitable site.    

 

The cost (approximately £20k) will be included as part of the overall Brecon High School project cost.

 

In answer to Councillor Dorrance’s question as to why this was thought to be appropriate expenditure without consulting him as local member or the community, the Portfolio Holder advised that the design of the new school had compromised the existing helipad and the Council felt obliged to make it good.

 

18.7

Question to the Leader from County Councillor David Jones

Will the Leader direct cabinet members to answer supplementary questions before the time expires to ask a follow up question at the next council?

 

Minutes:

Will the Leader direct cabinet members to answer supplementary questions before the time expires to ask a follow up question at the next council?

 

 

In response to this question and in response to a point of order raised by County Councillor Pete Roberts, the Leader apologised that some members had not received replies confirmed that she follow this up. There was no supplementary question from County Councillor David Jones.

 

18.8

Question to the Portfolio Holder for Learning and Welsh Language from County Councillor David Jones pdf icon PDF 51 KB

There has been a trend to reduce the percentage of funding to schools from the total education budget whilst increasing  the percentage funding to central services. Has she any plans to reverse this trend bearing in mind best practice?

 

Minutes:

There has been a trend to reduce the percentage of funding to schools from the total education budget whilst increasing the percentage funding to central services. Has she any plans to reverse this trend bearing in mind best practice?

 

 

Response

One of the reasons the percentage delegated has decreased was mainly due to the fact that the age of admission changed from 4 to 5 two years ago.  The likely % of delegated fund compared to the total Schools budget in 201819 is 74.74% based on the information from the Section 52 RA. Schools Service is having to find significant cuts over the next two years, and schools have not had those cuts imposed on them, therefore the % of delegated funds will increase as schools have been protected.  Schools are being scrutinised in an attempt to drive efficiencies through new ways of working to ensure they are getting best value for money from their funding. 

 

Councillor Jones’ supplementary question what the percentage delegated would be this year. It was noted that additional funding had been provided so comparison of the years was not comparison of like for like. An answer on the trends would be provided.

 

County Councillor R Powell left at 18.04.

 

 

19.

Exempt Items

The Monitoring Officer has determined that category 1 of the Access to Information Procedure Rules applies to the following item. His view on the public interest test (having taken account of the provisions of Rule 14.8 of the Council’s Access to Information Rules) was that to make this information public would disclose personal data relating to an individual in contravention of the principles of the Data Protection Act. Because of this and since there did not appear to be an overwhelming public interest requiring the disclosure of personal data he felt that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. Members are asked to consider these factors when determining the public interest test, which they must decide when considering excluding the public from this part of the meeting.

 

Minutes:

RESOLVED to exclude the public for the following item of business on the grounds that there would be disclosure to them of exempt information under category 1 of The Local Authorities (Access to Information) (Variation) (Wales) Order 2007).

 

20.

Notice of Motion

That Council should debate, consider and make any recommendations to Officers  to agree a one off exception to the  Council’s Housing Allocation Scheme  to allocate a vacant property to the mother of a deceased tenant  in Welshpool in  the interests of the deceased tenant’s  children in line with the European Rights of the Child Regulations, and other legislation.

 

Proposed by County Councillor Phil Pritchard

Seconded by County Councillor Michael Williams 

Minutes:

County Councillor G Thomas declared an interest in this item and left the meeting.

 

Council debated the motion moved by County Councillor P Pritchard and seconded by County Councillor JM Williams and by 18 votes to 10 with 5 abstentions

 

                    RESOLVED to recommend to Officers to agree a one off exception to the Council’s Housing Allocation Scheme to allocate a vacant property to the mother of a deceased tenant in Welshpool in the interests of the deceased tenant’s children in line with the European Rights of the Child Regulations, and other legislation.