Fire Authority (FA) Committee Minutes 11 February 2013 (English)

AWDURDOD TÂN AC ACHUB CANOLBARTH A GORLLEWIN CYMRU

MID AND WEST WALES FIRE AND RESCUE AUTHORITY

NOTE: THESE MINUTES ARE SUBJECT TO CONFIRMATION BY THE FIRE AUTHORITY AT ITS NEXT MEETING COFNODION CYFARFOD YR AWDURDOD TAN Ganolfan Gynadledda, Pencadlys Y Gwasanaeth Tân Ac Achub, Caerfyddin 11 CHWEFROR 2013

MINUTES OF THE FIRE AUTHORITY MEETING The Conference Centre, Fire and Rescue Service Headquarters, Carmarthen 11 FEBRUARY 2013 11.00 – 12.15 75% PRESENOLDEB/ATTENDANCE Presennol yn y Cyfarfod/Present at Meeting: GADEIRYDD/ CHAIR: R Llewellyn IS-GADEIRYDD/ DEPUTY CHAIR: G Thomas

AELODAU/MEMBERS: Cyng/Cllrs: J Bayliss, K W Curry, J Curtice, J Dudley, W E Evans, T Hennegan, C Higgins, P James, G Jones, A Lewis, R Lewis, C Lloyd, D R Rees-Evans, W D Thomas, D E Williams, A Woolcock YMDDIHEURIADAU/APOLOGIES: Cyng/Cllrs: C J Crowley, B Mills, K Pearson, T J Richards

YN BRESENNOL /IN ATTENDANCE: R Smith, P Bates, D Daycock, C Davies, D Masson, E Aitken, K Jones, J Cameron, S McLinden, J Maunder, S Flather, C Margetts 1 1 APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors C J Crowley, K Pearson, B Mills and T J Richards.

2 DECLARATIONS BY MEMBERS OF ANY PERSONAL OR PREJUDICIAL INTERESTS

All Members present declared that they had a personal interest in any matters relating to, or likely to affect their own Constituent Authority, and the Chair and Deputy Chair declared a personal interest in item 14.

3 CHAIR’S ANNOUNCEMENTS / PERSONAL MATTERS

The Chair reminded the meeting that all Members had the right to speak in the language of their choice at Fire Authority meetings and encouraged the use of the simultaneous translation service made available to them.

A warm welcome was extended to Councillor G Jones, who had recently replaced Councillor P Harris as a Member of the Fire Authority.

The Chair confirmed that revised reports had been sent to all Fire Authority Members in respect of Items 7 and 14 of the agenda.

The Authority were informed that Councillor C Crowley was recovering from a period of ill health and Members wished him a speedy recovery to good health.

Members extended their sincere condolences to Councillor C Philpott, former Chair of the Fire Authority, following the passing of her father. The Chair informed Members that a letter had been sent to Councillor Philpott on behalf of the Fire Authority.

The Authority were informed that a Members’ Training Day had been arranged for 25 March 2013, which would comprise a workshop on the use of social media prior to a site visit to the Earlswood training facility whereby Members would have the opportunity to participate in various training demonstrations. All Members were encouraged to attend and update their diaries accordingly.

4 TO CONFIRM AND SIGN AS A TRUE RECORD THE MINUTES OF THE FIRE AUTHORITY MEETING HELD ON 17 DECEMBER 2012

The minutes of the Fire Authority meeting held on 17 December 2012 were confirmed and approved as a true record of the proceedings, subject to the following amendment:

, Item 7, paragraphs 3 and 4 – to replace the term ‘Members’ with ‘A Member’.

2 5 TO RECEIVE, CONSIDER AND NOTE THE MINUTES OF THE RESOURCE MANAGEMENT COMMITTEE HELD ON 14 JANUARY 2013

The minutes of the Resource Management Committee held on 14 January 2013 were considered and noted.

6 TO RECEIVE, CONSIDER AND NOTE THE MINUTES OF THE PERFORMANCE, AUDIT AND SCRUTINY COMMITTEE HELD ON 28 JANUARY 2013

The minutes of the Performance, Audit and Scrutiny Committee held on 28 January 2013 were considered and noted.

7 TO RECEIVE AND CONSIDER THE ANNUAL IMPROVEMENT PLAN 2013/14

The Deputy Chief Fire Officer reported that the Authority had approved its Draft Annual Improvement Plan for consultation at its meeting on 25 June 2012. Comments had been sought on five areas of improvement for 2013-2014 which had included Managing Risk, Managing People, Working Together, Managing Resources and Managing Performance and represented year four in delivering the improvements identified in the Authority’s Strategic Plan for 2010-2015.

Members were provided with an overview of the extensive consultation process, including the innovative use of social media, which had been undertaken in accord with the statutory requirements outlined within the Local Government (Wales) Measure 2009, together with best practice guidelines issued by the Welsh Government. A total of 255 stakeholders had accessed the consultation, however, only 155 respondents offered any form of comment, with only 84 responses offering comment relating to the improvement plan content. Members were informed that the comments received which were unrelated to the Annual Improvement Plan had been extracted from the consultation responses and circulated to the respective Directors for response, as appropriate.

Members were provided with a breakdown of respondents by type and location and were disappointed to note the poor response received from Local Authorities, Community Councils and Members of Parliament. The Authority’s proactive consultation exercise was acknowledged, however members felt that it was unfortunate that it appeared that some people were not inclined to respond and a Member suggested that the Authority would need to continue to explore innovative methods to engage with stakeholders in future. A Member suggested that Members and Officers could attend high footfall areas such as supermarkets in an attempt to engage face to face with members of the public as part of future consultation exercises.

A Member highlighted the key role that all Fire Authority Members could play, via their respective Constituent Authorities, in assisting the Authority in engaging with its stakeholders.

3 The Deputy Chief Fire Officer reported that the Annual Improvement Plan for 2013/14 had been developed under the direction of the Member Working Group and amended, upon consideration of the consultation responses, as appropriate. The Annual Improvement Plan put forth for consideration had been recommended by the Member Working Group at its meeting on 28 January 2013.

Following a query from a Member, the Deputy Chief Fire Officer clarified that the Annual Improvement Plan 2013/14 had been updated to rectify a data inputting error in relation to the Managing People – Days Lost to sickness graph set out in the performance summary.

RESOLUTION

It was RESOLVED:

1. That the Annual Improvement Plan 2013/14 be approved.

2. That the Draft Annual Improvement Plan 2013-14 consultation report be approved for publication.

8 TO RECEIVE A REPORT ON THE TREASURY MANAGEMENT POLICY AND STRATEGY 2013/14

The Director of Resources / Treasurer presented the proposed policy and strategy which would underpin the treasury management activities undertaken by the Authority in 2013/14.

It was reported that the policy and strategy, which was subject to approval by the Authority each year, remained unchanged from the 2012/13 policy and strategy. Members noted that the Treasury Management Practices only had to be approved if they had been changed from those already approved and it was reported that there had been no changes.

Members received an overview of the Authority’s treasury management activities which had adopted a low risk strategy. Following a query from a Member, it was clarified that the Authority’s contractual agreement with Barclays Bank plc resulted in no bank charges being incurred in return for restricted investments. Members were informed that, as investment rates were so low, the Authority gained good value from this arrangement.

The Director of Resources / Treasurer reported that the Resource Management Committee had considered the report in detail at its meeting on 14 January 2013 and had recommended its approval by the Fire Authority.

RESOLUTION

It was RESOLVED that the Treasury Management Policy and Strategy for 2013/14 be approved.

4 9 TO RECEIVE THE MINIMUM REVENUE PROVISION POLICY STATEMENT FOR THE FINANCIAL YEAR 2013/14

The Director of Resources / Treasurer reported that the Authority was required to set aside funds from revenue each year to meet future liabilities to repay the principal element of loans and finance leases. The amount set aside was called the Minimum Revenue Provision (MRP) and by Regulation, a policy on the method of calculation had to be approved by the Authority prior to the start of the year that the method would be applied to.

The report presented to Members set out two recommended calculation methods, the ‘Regulatory Method’ for expenditure incurred before or on 31st March 2009, and the Asset Life Method with Equal Instalments for expenditure on or after 1st April 2009 and the report showed the estimated charges to revenue if these methods were adopted. The method recommended was the same as used in 2012/13 and followed the guidance issued by the Chartered Institute of Public Finance and Accountancy. It was noted that MRP was a cash backed charge against revenue and therefore had a direct impact on the contributions required from the Constituent Authorities.

The Director of Resources / Treasurer reported that the Resource Management Committee had considered the report in detail at its meeting on 14 January 2013 and had recommended its approval by the Fire Authority.

RESOLUTION

It was RESOLVED:

That the following Minimum Revenue Provision calculation methods be adopted for the year 2013/14:

1. That the “Regulatory Method” be adopted for expenditure incurred before or on 31st March 2009.

2. That the “Asset Life Method with Equal Instalments” be adopted for expenditure on or after 1st April 2009. With the Minimum Revenue Provision first being charged in the year after the asset comes in to use when funded by loan, or in the same year as the first lease rental payment if funded by finance lease.

10 TO RECEIVE THE TREASURERS REPORT ON THE PRUDENTIAL CODE AND PRUDENTIAL INDICATORS FOR THE FINANCIAL YEAR 2013/14

The Director of Resources / Treasurer presented a report that stated that when considering the capital programme, the Authority was required to test that:

 the capital plans were affordable  that all external borrowing and other long term liabilities were within prudent and

5 sustainable levels  that treasury management decisions were taken in accordance with good practice.

The Director of Resources / Treasurer explained that this was achieved by the calculation and approval of a suite of Prudential Indicators, some of which showed the financial impact of capital expenditure decisions, whilst others provided constraints on treasury management decisions. The report presenting the 2013/14 Prudential Indicators was considered by Members and indicated that the capital programme estimate for 2013/14 was deemed affordable.

Following a query from a Member it was clarified that the operational boundary total figure set out in appendix 1 of the report would be updated to reflect an overall sum of £26,000.

The Director of Resources / Treasurer requested that delegated authority be given to change the balance between borrowing and other long term liabilities as set out in the report, and informed members that the Resource Management Committee had considered the report in detail at its meeting on 14 January 2013 and had recommended its approval by the Fire Authority.

RESOLUTION

It was RESOLVED:

1. That the 2013/14 Prudential Indicators be approved.

2. That delegated authority be given to the Director of Resources to change the balance between borrowing and other long term liabilities within the Authorised Limit for external debt and within the Operational Boundary, while keeping within the overall limits.

11 TO RECEIVE THE JOINT REPORT OF THE CHIEF FIRE OFFICER AND THE DIRECTOR OF RESOURCES ON THE BUDGET REQUIREMENT FOR THE FINANCIAL YEAR 2013/14

The Chief Fire Officer introduced the joint report of the Chief Fire Officer and the Director of Resources on the budget requirement for the financial year 2013/14. It was reported that the Authority had considered the report in great detail at its meeting on 17 December 2012 and had resolved that the budget level be approved for consideration by each Constituent Authority.

The report presenting the 2013/14 budget requirement was considered by Members and the Director of Resources / Treasurer confirmed that the Constituent Authorities of Swansea, Ceredigion, Neath Port Talbot, Pembrokeshire and Carmarthenshire had responded verbally or in writing, noting the Authority’s budget requirement for 2013/14

6 and no adverse comments or objections were received. The Director of Resources / Treasurer and the Chief Fire Officer recommended that the Fire Authority adopt the budget as set out in the report.

RESOLUTION

It was RESOLVED:

1) That for 2013/14, the net budget at £43,876,059 (0.93% increase like for like) be approved (Appendix A);

2) That the budget of £43,876,059 for 2013/14 be part funded by £280k from reserves;

3) That the Constituent Authorities be requested for the balance of £43,596,059 as their contribution for the 2013/14 year (1.17% cash increase);

4) That the Capital Programme attached at Appendix B of the report be approved, leading to the capital financing charges shown as additional in Appendix A;

5) That members approve the vehicle replacement programme attached at Appendix D;

6) That the Director of Resources be authorised to decide on the appropriate method of financing of vehicles (be it leasing or otherwise) at the time of procurement.

12 TO RECEIVE THE DETAILED REVENUE BUDGET REPORT FOR 2013/14

The Director of Resources / Treasurer reported that at the Fire Authority meeting held on 17 December 2012, the revenue budget for 2013/14 had been agreed. Members were provided with a breakdown of the budget requirement which would fall on Constituent Authorities, together with the detailed budgets for 2011/12 and 2012/13 which was provided for comparison purposes.

The Director of Resources/ Treasurer explained that upon receiving approval, the detailed revenue budget 2013/14 set out in Appendix 1 of the report, would form the basis for budget monitoring throughout the year.

RESOLUTION

It was RESOLVED that

That the detailed revenue budget be approved.

7 13 TO RECEIVE A REPORT ON THE INDEPENDENT REMUNERATION PANEL FOR WALES ANNUAL REPORT 2012

The Clerk / Monitoring Officer introduced the report which summarised the findings contained within the final report of the Independent Remuneration Panel for Wales (IRPW) published on 19 December 2012, for Members’ information.

The Clerk / Monitoring Officer reported that the IRPW remained sensitive to the general economic climate that necessitated continuing prudence in relation to remuneration in the public sector and as such their report confirmed that there would be no increases in 2013/14 in the levels of payments that were determined for 2012/13.

Following a query from a Member the Clerk / Monitoring Officer confirmed that the IRPW would be meeting with Fire Authority representatives over the coming months and in the light of the query would raise the issue of the disparity amongst allowances for Fire Authority members in comparison with National Parks and the now defunct Police Authorities.

RESOLUTION

It was RESOLVED that the determinations of the Independent Remuneration Panel for Wales (IRPW) for 2013/14 be noted.

14 TO RECEIVE A REPORT ON AMENDMENTS TO THE CONSTITUTION

The Clerk / Monitoring Officer introduced a report on amendments to the constitution, which outlined three areas for consideration:

1.Term of Office for the Chair of the Fire Authority

The clerk/monitoring officer reported that at its meeting on 17 September 2012 the Fire Authority referred the matter relating to the term of office for the Chair of the Fire Authority to the Democratic Services Forum for further consideration.

It was reported that the Democratic Services Forum had concluded their deliberations and set out the following recommendation to the Fire Authority:

“That the Constitution be amended to state that the Chair and Deputy Chair's Term of Office be restricted to a one year period commencing in 2014, with the Deputy Chair following the Chair into Office. Each Chair and Deputy Chair will be selected by rotation from each Constituent Authority over a six year period and nominations from each Authority will normally be in accordance with the seniority in terms of years served as a Councillor with the Fire Authority, as follows:

2013/14 - Carmarthenshire 2014/15 - Powys 2015/16 - Pembrokeshire 2016/17 - Neath Port Talbot 2017/18 - Ceredigion 8 2018/19 – Swansea”

This recommendation had been duly incorporated in the report put before the Fire Authority for consideration.

Councillor A Lewis proposed an amendment which was seconded. The proposed amendment read as follows:

“Each Chair and Deputy Chair will be selected by rotation from each Constituent Authority over a six year period and nominations from each Authority be a matter for each Authority but will normally be in accordance with the seniority in terms of years served as a Councillor with the Fire Authority.”

On being put, the amendment was lost.

The substantive motion was then put to the Fire Authority, and carried.

2.Changes to Terms of Reference of the Appointments Committee

The Clerk / Monitoring Officer reported that the Democratic Services Forum had considered various options regarding the terms of reference to the appointments committee and concluded that a tiered approach of the appointment of Principal Officers be recommended to the Fire Authority, as set out in the report as follows:

 That the post of Deputy Chief Fire Officer be appointed by the Appointments Committee, in line with current arrangements.

 That the posts of Assistant Chief Fire Officers be shortlisted by the Chief Fire Officer, together with input from the Chair of the Fire Authority and Chair of Resource Management Committee, or their deputies if required.

 That the posts of Assistant Chief Fire Officers be appointed by the Chief Fire Officer, together with input from the Chair of the Fire Authority and Chair of Resource Management Committee, or their deputies if required.

This motion was carried by the Authority.

3.Terms of Reference of the Joint Consultative Forum

The Clerk / Monitoring Officer explained that the Democratic Services Forum, at their meeting on 4th February 2012, had recommended that the terms of reference for the Joint Consultative Forum be amended to reflect that such meetings could be convened following any meeting of the Authority, or indeed at any time deemed appropriate, which would provide flexibility for the Forum to consider matters in a timely manner, as necessary.

This motion was carried by the Authority.

9 RESOLUTION

It was resolved

1. That the Constitution be amended to state that the Chair and Deputy Chair's Term of Office be restricted to a one year period commencing in 2014, with the Deputy Chair following the Chair into Office. Each Chair and Deputy Chair will be selected by rotation from each Constituent Authority over a six year period and nominations from each Authority will normally be in accordance with the seniority in terms of years served as a Councillor with the Fire Authority, as follows:

2013/14 - Carmarthenshire 2014/15 - Powys 2015/16 - Pembrokeshire 2016/17 - Neath Port Talbot 2017/18 - Ceredigion 2018/19 - Swansea

2. That the Constitution be amended to state;

a. That the posts of Assistant Chief Fire Officers be shortlisted by the Chief Fire Officer, in consultation with the Chair of the Fire Authority and Chair of Resource Management Committee, or their deputies if required.

b. That the posts of Assistant Chief Fire Officers be appointed by the Chief Fire Officer, in consultation with the Chair of the Fire Authority and Chair of Resource Management Committee, or their deputies if required.

3. That there be no change to the Constitution regarding the shortlisting and appointment of the Deputy Chief Fire Officer.

4. That the terms of reference for the Joint Consultative Forum be amended to reflect that a meeting of the Joint Consultative Forum may be held after any meeting of the Authority or at any other time deemed appropriate.

15 ANY OTHER ITEMS OF BUSINESS THAT BY REASON OF SPECIAL CIRCUMSTANCES, THE CHAIR DECIDES SHOULD BE CONSIDERED AS A MATTER OF URGENCY PURSUANT TO SECTION 100(B)(4) OF THE LOCAL GOVERNMENT ACT 1972

Two items of urgent business were received in relation to the Pay Policy Statement 2013/14 and the authorisation of absence for an individual. The Chair agreed that both these items be considered as urgent items under Section 100 ( B ) (4) of the Local Government Act 1972.

10 16 TO RECEIVE THE PAY POLICE STATEMENT 2013/14

The Clerk / Monitoring Officer reported that an urgent report on the pay policy statement 2013/14 had been submitted which was required to be prepared for each financial year and approved and published by the Authority by the 31 March annually.

It was reported that relevant Authorities were required by Section 38(1) of the Localism Act 2011 to prepare a Pay Policy Statement. The statement would articulate the Authority’s policies towards a range of issues relating to the pay of its workforce, particularly its senior staff (or ‘chief officers’) and its lowest paid employees.

Accordingly, a Pay Policy Statement for Mid and West Wales Fire Authority for the financial year 2013/14 was provided for Member approval.

RESOLUTION

It was RESOLVED that the Pay Policy Statement for 2013/14 be approved.

17 It was resolved pursuant to section 100A (4) of the Local Government Act 1972, that the press and public be excluded from the meeting for the reason, that if they were present, it was likely that there would be disclosure to them of Exempt information within the description of Schedule 12A(1) to the Local Government Act 1972, namely information relating to a particular individual, AND THAT it was in the public interest to do so..

18 TO RECEIVE A REPORT ON THE AUTHORISATION OF LEAVE OF ABSENCE FOR AN INDIVIDUAL

The Authority considered a report on the authorisation of leave of absence for an individual.

RESOLUTION

It was RESOLVED that the leave of absence for an individual be approved for a period of six months.

The meeting closed at 12:15.