Meeting documents

The meeting was opened with a Prayer by Councillor E. G. Davies.

Submitted - A brief presentation was given by Dr. Will Roberts, Chairman of the Isle of Anglesey Local Health Board on the past, present and future health of the people of Anglesey.

Members were afforded the opportunity of a question and answer session.

On behalf of the Council, the Chair thanked Dr. Roberts for his presentation and for the work he had undertaken as Chair of the Local Health Board over the years.

(The Corporate Director (Finance) declared an interest in the matter and was not present at the meeting during the presentation and ensuing question and answer session).

1

DECLARATION OF INTEREST

Councillor J. V. Owen declared an interest in Item 7 of these minutes and was not present at the meeting during any discussion or voting thereon.

Councillor Selwyn Williams declared an interest in Item 2 of these minutes, remained at the meeting but did not take part in any discussion or voting thereon.

Councillor H.W.Thomas declared an interest with regard to any matter of business on the agenda which might relate to the employment of his son within the Authority.

Councillor W.J.Chorlton declared an interest in any item of business on the Agenda which might relate to the employment of his daughter in the Environmental Services Department.

Councillor C.L.Everett declared an interest in any item of business on the Agenda which might relate to the employment of his daughter in the Personnel Department.

Councillor Fflur M.Hughes declared an interest in any item of business on the Agenda which might relate to the employment of her son in the Education and Leisure Department.

Councillor E.Schofield declared an interest in any item of business on the Agenda which might relate to the employment of his grandson in the Highways Department.

Councillor B.Owen declared an interest in any item of business on the Agenda which might relate to the employment of his wife in the Education and Leisure Department.

Councillor G. W. Roberts, OBE declared an interest in any item of business on the Agenda which might relate to the employment of his daughter in the Environmental Services Department.

Councillor O.Glyn Jones declared an interest in any item of business on the Agenda which might relate to the employment of his wife and daughter in the Social Services Department.

2

CHANGES TO THE NHS STRUCTURE

Reported by the Acting Managing Director - That WAG was in the process of implementing a major reform programme in the NHS aimed at eliminating competition via the creation of a single planning and delivering system and the introduction of a more citizens centred approach.

On 9 April, 2009 the Regional Partnership Board gave consideration to the recent WAG consultation regarding NHS Reforms. Welsh Councils had expressed concerns regarding the loss of engagement at local level and the effect on local partnerships.

It was agreed by the Regional Partnership Board that a report should be forwarded to each North Wales Local Authority to seek approval for the proposals outlined below:

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Isle of Anglesey County Council fully endorses the position as stated in the WLGA paper of 1 April, 2009 (attached to this report)

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Isle of Anglesey County Council will not support its Corporate Director - Social Services and Housing being part of the final LHB Board.

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Isle of Anglesey County Council will not be nominating any Members to be considered for appointment by the Minister to the LHB Board.

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Isle of Anglesey believes that efforts should now be made to determine how the new LHB can work effectively with its local partners and determining models that work best for each locality.

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Isle of Anglesey County Council agrees that the Chair of the Regional Partnership Board may write to the Minister of Health and Social Services representing the collective views of the North Wales Councils.

The Acting Managing Director referred to the attached briefing paper by the WLGA and that much disquiet had been expressed on a national level amongst the local Councils throughout Wales with regard to the curtailing in the number of elected members on the new Health Board and in doing away with the powers of the Director of Social Services.

The Regional Partnership Board had expressed a number of opinions in this respect, particularly the concern to local democracy and the influence of local democracy upon the new Board. Uncertainty also existed whether the Minister was going to appoint a Director of Social Services to serve on every Board and if so it would be one Director only for every region. That also in the opinion of the WLGA weakened the position on a professional level.

The recommendations briefly by the Regional Partnership Board were to refuse to nominate representatives at the moment and to authorise the Partnership Board and the WLGA to continue to put pressure to bear on the minister to change her mind.  

RESOLVED to endorse the proposals set out by the Regional Partnership Board as detailed in paragraph 2 of the report.  

1

TO RECEIVE ANY ANNOUNCEMENTS FROM THE CHAIRPERSON, LEADER, MEMBERS OF THE EXECUTIVE OR THE HEAD OF THE PAID SERVICES

The Chair extended his congratulations to the Gwynedd and Anglesey Junior Brass Band for taking the first prize and being awarded the British Band Association’s Junior Cup following the excellent performance in a national competition in Manchester on 5 April, 2009.

Happy Birthday wishes were conveyed to Councillor Tom Jones who was 60 today.

Best wishes were extended to pupils from Anglesey who would be competing in the Urdd Eisteddfod in Cardiff Bay during Whitsun week.

The Chair welcomed Mr. Richard Parry Jones to the meeting as Acting Managing Director and wished him well in the duties of the post.

The Chair referred to the indisposition of Councillor P. M. Fowlie who as a result had to relinguish his post of Leader of the Council. The Chair and Leaders of the Political Groups, Councillors G. W. Roberts, OBE, W. J. Chorlton, R. G. Parry, OBE and Clive McGregor each paid their respects to Councillor Fowlie and wished him a full and speedy recovery.

Councillor Bryan Owen, Economic Development and Tourism Portfolio Holder was requested to convey the Council’s thanks to the Tourism Section following their promotion of the Irish / Welsh country music festival at the Anglesey Showground last weekend which had proved to be tremendously successful. It was hoped that a similar event could be arranged next year.

Deepest sympathy was extended to Councillor Ken Hughes upon the death of his mother and also to the family of former Councillor Handel Morgan. Mr. Morgan had represented the Cefni Ward for many years and had served as this Council’s Chairman for the period 1998-1999. He had been Portfolio holder for Education, a member of the Orsedd and had represented the teaching fraternity on the National Union of Teachers.

Condolences were extended to the family, friends and colleagues of Mrs. Sharon Wyn Woolley, a teacher in Llanfachraeth School who died in a tragic accident recently.

The Chair also sympathised with any member or member of staff who had suffered bereavement.

Members and Officers stood in silent tribute as a mark of their respect.

Submitted and confirmed as a true record, the minutes of the meetings of the County Council held on the following dates:-

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5 March, 2009

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27 March, 2009 (Extraordinary) (2:00pm)

Councillor W. J. Chorlton referred to the first paragraph of the minutes and again raised the matter of the Chair’s position in the chairing of the meeting. He queried whether the minutes could be accepted as a true record?

The Director of Legal Services / Monitoring Officer in reply stated that the minutes did actually reflect what had occurred during the course of that meeting. The meeting was either chaired by the Chairman or in his absence by the Vice-Chairman. The meeting was therefore properly chaired and the minutes were a legitimate reflection of what occurred.

Councillor Chorlton stated that he accepted that interpretation but could not agree with it, since he did not believe that the Chairman was the Chair at the time.

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Councillor Chorlton then referred members to the fourth paragraph on Page 13 of these minutes. He considered that there was a statement missing from these verbatim minutes in that Councillor G. O. Parry, MBE had made some strong remarks. He proposed that the comments made be included as a correction to the minutes. The proposal was seconded.

Councillor Ff. M. Hughes wished it to be minuted prior to the vote that this was not a criticism pf the officers that were minuting Council meetings. With some of the minutes, one felt that one was actually in attendance. These minutes were very detailed. She was of the opinion that common sense should prevail.

RESOLVED to confirm the minutes as a true record subject to the proviso that Officer’s report back to the next scheduled meeting in September on the exact remarks made at that meeting by Councillor G. O. Parry, MBE.

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27 March, 2009 (Extraordinary) (4:45pm)

Councillor C. L. Everett stated that the minute was not a verbatim record and he referred to what Councillor Fflur Hughes had said earlier, in that the Council did not employ stenographers here but people to take minutes. Although, whilst as Chair of the recent Audit Committee, he did ask for a verbatim minute and he congratulated the officer in question for the work done in this respect.

He went on to state that advice had been provided on the day by the Corporate Director (Finance) that he had concerns regarding the financial impact on the Council and that the reasons for the decision taken on the day was that it was based on the Annual Auditor’s letter. That was not quite correct, in that other reasons were given to Council on the day from the Portfolio Holder and that there were specific paragraphs referred to in the Annual Audit Letter. He felt it was important that the record should reflect that. There were a number of issues in the Annual Letter where there were congratulations and positive aspects referred to. The way the minute had been worded made it look as if the Annual Letter was all bad. This was not the case and the minute should be corrected to reflect this.

The Director of Legal Services / Monitoring Officer in reply stated that she accepted that the minute was not a complete and full account of what was discussed that afternoon but the Council was by now subject to the terms of an enforceable compromise agreement and she would not be happy in any minute being published that went any further than what was before members today.

Councillor C. L. Everett wished it to be noted in the minutes, that as the present Chair of the Audit Committee, he was not happy as to the way the actual minute had been worded in this respect.

Councillor W. J. Chorlton endorsed the comment made by Councillor Everett in that he also wished it to be minuted that the minutes were not correct in the way they had been set down in verbatim form. In his opinion they needed to be corrected for future reference.

The Chair stated that following the legal explanation given by the Monitoring Officer, there was to be no further debate on this matter.   

Submitted - A report by the Corporate Director (Finance) on clarifying the title and responsibilities of the temporary post.

Reported by the Corporate Director (Finance) - That at the second County Council Meeting held on 27 March, 2009 it was resolved, inter alia, -

“that the Corporate Director (Education and Leisure) should be designated as Head of Paid Service on a temporary basis, immediately following the termination, and to be paid an honorarium equal to the difference between the Corporate Director’s substantive salary and the first point of the salary grade of the previous Managing Director (up to August 2006) at current leave).”

In the Constitution the title “Head of the Paid Service” did not include “Managing Director” in the Scheme of Delegation to Officers - 3.5.3.1, but “Managing Director” did include “Head of the Paid Service” and other powers including some regarding elections which were essential.

It was therefore suggested that the previous resolution be amended as follows:-

“that the Corporate Director (Education and Leisure) should be designated as Managing Director and Head of Paid Service on a temporary basis, immediately following the termination, and to be paid an honorarium equal to the difference between the Corporate Director’s substantive salary and the first point of the salary grade of the previous Managing Director (up to August 2006) at current value.”

RESOLVED to amend the Council’s previous resolution to read as above.

(Mr. Richard Parry Jones declared an interest in the matter and was not present at the meeting during any discussion or voting thereon).

(a) Addition to Social Services’ Delegation Powers

Submitted - The report of the Solicitor to the Monitoring Officer as presented to the Executive on 28th April, 2009.

Reported that the Executive had RESOLVED to recommend to the County Council that it amends the Constitution by adding to the Scheme of Delegation to Officers the following at 3.5.3.20.1 (xiv):-

“To carry out the Council’s functions and make authorisations under the Mental Capacity Act 2005 and the Deprivation of Liberty Safeguards.”

RESOLVED to endorse the recommendation of the Executive in this respect.

(b) Addition to Environmental Services Delegation Powers

Submitted - The report of the Solicitor to the Monitoring Officer as presented to the Executive on 28th April, 2009.

Reported that the Execuitve had RESOLVED to recommend to the County Council that it amends the Constitution by adding to the Appendix the legislation referred to within the report.

RESOLVED to endorse the recommendation of the Executive in this respect.   

Submitted - The report of the Solicitor to the Monitoring Officer as presented to the Executive on 28th April, 2009.

Reported that the Executive had resolved “RESOLVED to recommend to the County Council:-

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That it amends the Constitution by adopting the revised Corporate Complaints and Compliments Procedure as indicated in the documents at enclosures 1.(i) and 1.(ii) of the report.

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That the procedure be monitored by the Executive in 6 months time.”

Councillor C. L. Everett stated that he had chaired this particular committee for approximately 5 years and he wished to thank Mr. Meirion Jones for the work he had done on the corporate complaints procedure. He considered that the message needed to go out to members of staff in terms of what the corporate complaints procedure entailed. He enquired whether this would this be possible via the Council’s pay-roll system.

Mr. Meirion Jones (Solicitor to the Monitoring Officer) in reply stated that the intention was to give as much pubilicity to it both internally and externally.

RESOLVED to endorse the recommendation of the Executive in this respect.

Submitted - A joint report by the Corporate Director (Finance) and the Director of Legal Services / Monitoring Officer.

Reported by the Corporate Director (Finance) and the Director of Legal Services / Monitoring Officer - That after the election and the County Council meeting on the 9th May 2008 there were changes in the membership of the political groups and the Council at its meeting on 16th of September reviewed its political balance arrangements on the Council’s Committees.

In May 2008 the membership of the Council was 40 and the total number of seats to be allocated was 120. The details were:- Original Independent 20 (60), Plaid Cymru / Party of Wales 8 (24), Labour 5 (15), Anglesey Forward 4 (12), Unaffiliated (Barrie Durkin, J. V. Owen & Peter Rogers).

By 16th of September, 2008 two of the unaffiliated members in May had joined the Original Independent Group and that made the Group a majority group. However the Council made a decision to retain the status quo as follows “the Council resolved with no members voting against to retain the status quo and proceed in accordance with the political balance arrangements as at the 9th of May, 2008 (i.e that Councillor Peter Rogers would retain those 3 seats allocated to him).”

Before the resignation of John Williams the details were 20/8/5/4/3.  It could be suggested that again the status quo be retained until after the by-election, and political balance be reviewed thereafter.  However, that would be unfair to the two of the unaffiliated members, Keith Evans and Robert Ll Jones, who would not have any seats and it would not be fair to expect Peter Rogers to share his seats with them as he only had one third of the seats which were allocated to the unaffiliated at that time. The membership of the Council was currently 39 and the Group Membership was as follows:- Original Independent 19, Plaid Cymru/Party of Wales 8, Labour 5, Anglesey Forward 4, Unaffiliated (Keith Evans, Robert Ll Jones & Peter Rogers) 3.

There seemed to be 3 options available to the Council:-

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Leave the allocation as it was and request the 3 unaffiliated members to agree the allocation amongst themselves and request the Original Independent Group to allocate their seats to their members including J V Owen and Barrie Durkin.  If a new member after the by-election on 14 May 2009, did not join the Original Independent Group (i.e. to replace John Williams) then there would have to be another political balance review.

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Change the allocation to 8/5/19/4/3 (total 39) and allocate seats in proportion to the membership of 39, and operate as above with regard to the unaffiliated members and the Original Independent Group with the allocation of seats.  There would have to be a political balance review after the by-election.

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The second option was less stable in that in order to archive the correct balance in total, it gave an extra seat to Plaid Cymru/Party of Wales on the Development Infrastructure and Resources Committee, against the natural rounding of the allocation on that committee. That extra seat would probably be forfeited in three months once the balance was re-done after the by-election.  This would therefore make the former option the better one.

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However, there was a further difference in that the second option based on 39ths changed the allocation of seats on the Pay and Grading Panel, making up the difference on the Standards Committee Appointments Panel. The allocation to the Pay and Grading Panel had been controversial last year when it was suggested by members that all groups ought to be represented on this panel. This suggested a third option which followed the first option in allocating 40ths but arbitrarily followed the allocation of the second option on the last two committees. This allocation was no less ‘balanced’ than option 1.

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To accept the third option contained within the report.

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To note the new political balance arrangements and the number of seats attributable to each of the Groups and the Unaffiliated Members under the Local Government and Housing 1989.

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To agree the whole numbers of seats to be allocated to the Unaffiliated Members.

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That the Group Leaders be requested to provide the list of the names of their Group Representatives on each Committee to the Committee Services Manager immediately after the afternoon County Council meeting on 5 May 2009 so that arrangements can be made to prepare a definitive list of committee membership prior to meetings to elect Chairpersons and Vice-Chairpersons to Council Committees on the morning of 6 May 2009.

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To ask the 3 Unaffiliated Members to determine amongst themselves which Committees they wish to serve upon in accordance with the Political Balance arrangements contained within the Report to this Council and likewise inform the Committee Services Manager immediately after the afternoon County Council meeting on 5 May 2009. Should they be unable to reach agreement in this respect authority be given to the Leader of the Council to determine these allocations and for that information to be given to the Committee Services Manager.