Meeting documents

Isle of Anglesey County Council
Tuesday, 16th September, 2008

Meeting of the Isle of Anglesey County Council

Minutes of the meeting held on 16th September, 2008

PRESENT:

Councillor Aled Morris Jones (Chairperson)

Councillor O.Glyn Jones (Vice-Chairperson)

Councillors W. J. Chorlton, E. G. Davies, Lewis Davies,

Barrie Durkin, Jim Evans, K. Evans, C. Ll. Everett, P. M. Fowlie, D. R. Hughes, Fflur M. Hughes, K. P. Hughes, R. Ll. Hughes,

W. I. Hughes, Eric Jones, Gwilym O. Jones, H. Eifion Jones,

Raymond Jones, R. Dylan Jones, R. Ll. Jones, T. H. Jones,

Clive McGregor, Rhian Medi, Bryan Owen, J. V. Owen,

R. L. Owen, Bob Parry, OBE, G. O. Parry, MBE, Eric Roberts,

J. Arwel Roberts, Peter S. Rogers, Elwyn Schofield,

H. W. Thomas, Ieuan Williams, John Williams, John Penri Williams, Selwyn Williams.

IN ATTENDANCE:

Managing Director

Corporate Director (Finance)

Corporate Director (Planning & Environment)

Corporate Director (Education & Leisure)

Director of Legal and Committee Services/Monitoring Officer

Head of Service (Policy)

Head of Service (Economic Development)

Solicitor to the Monitoring Officer (RMJ)

Head of Planning Control(EGJ)

Child / Young People Framework Co-ordinator (GH)

Communications Officer

Committee Services Manager

APOLOGIES:

Councillors T. Ll. Hughes, G.W.Roberts,OBE

_________________________________________________________________________________

The meeting was opened by a prayer offered by Councillor Gwilym O.Jones

North Wales Fire and Rescue Service (2:00pm - 2:20pm)

A presentation was received by Mr. Richard Fairhead, Senior Fire Safety Manager, North Wales Fire and Rescue Service on the promotion of fire safety for people who live and visit Anglesey. Details were provided as to the number of accidental fire deaths since 2001 by financial year, the contributory factors, other agency involvement, what the Fire Authority were doing to combat the problem and how this Council could assist in joint working.

Also in attendance were Messrs.Neal Gallagher and Gareth Griffiths on behalf of the Fire and Rescue Service.

Members were thereafter provided with a question and answer opportunity.

The Chairperson thanked the representatives of the Fire and Rescue Service for their detailed and informative presentation and stated that this Council would do its utmost to assist the Service in its work in this respect.

1	DECLARATION OF INTEREST

Councillor A.Morris Jones declared an interest in Item 7 of these minutes and was not present at the meeting during 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 business concerns of his wife.

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 R.Ll.Hughes declared an interest in any item of business on the Agenda which might relate to the employment of his son in the Highways 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.

Councillor Eric Jones declared an interest in any matter that might arise with regard to the Council’s residential homes.

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

The Chairperson stated that on 5th September, 2008, Mr.Byron Williams, the Council’s Director of Housing and Social Services passed away. Following a short period of illness he died peacefully in the presence of his family.

He began his career with Gwynedd Council and held several posts with Anglesey and Gwynedd Councils. He was appointed Director of Housing and Social Services in 1995 and Corporate Director in 2001. People would remember him as a man who respected his colleagues, his staff and service users and who always did his utmost for everybody.

Byron was very interested in Local Government and felt that this was the way to look after people. He had so looked forward to the official opening of the new Blaen y Coed, Day Care Centre for Learning Disability Clients at Llangoed.This Council was undoubtedly a poorer place without him.

On behalf of the Members and staff he extended his deepest sympathy to his wife Marilyn, his daughters Sara, Mari and Anna and also to his mother and sister and the whole family in their bereavement.

The Managing Director stated that “A month ago I was talking to Byron about Social Services and the business of the County Council. The staff and the Management Team are still in shock because of how quickly things have happened. It was my pleasure to have met Byron back in 2003. The Local Health Board for Anglesey had asked me to assess somebody and Lynn, Byron and myself were on the Panel. I took to Byron straight away. An honest character and what you saw was what you got. Before I commenced my duties in Anglesey as Managing Director

I came across Graham Williams, the Director of Social Services down in Cardiff, who said at that time that I would be going into safe hands, in that Byron was amongst the best Directors in Wales - a safe pair of hands. This was a fitting tribute to Byron since I have a lot of respect for Graham Williams as well. Byron was very professional. He had passion for his work and in his role in assisting people. Byron always put other people first and himself last. There was no malice associated with him, he was a gentleman. He saw the best in people and saw the potential in people as well and that was an incredibly good side of him. He was highly principled and had a passion for the rights of people, the rights of the individual and for justice. As the Chair said earlier he had a passion for the democratic process.

I was at the funeral in Talwrn on Saturday. The Church was full and there were hundreds outside unable to gain access. Likewise at the crematorium at Bangor. There were people from all across Wales who had attended to pay tribute to Byron.

I have also received numerous letters from organisations paying tribute to Byron and sympathising with the Council and his family. I will pass these on to his family. Byron will be sorely missed by the staff and his whole family.”

The Chair afforded the Leaders of the Political Groups the opportunity to pay the following tributes:-

Councillor W.J.Chorlton, Labour Group - “As the Managing Director has said, it is a difficult

time for everybody who has known Byron, and although I hadn’t known Byron for a very long time,

I did have the privilege of working with him for the last four years before the May elections. I got to know him quite intimately. I didn’t always see eye to eye with him since he had a strong point of view and he made sure that that point of view was heard. He had one of the most difficult Departments to run because he wasn’t dealing with commodities, he was dealing with people and it was hard to say no to people, especially when those people are vulnerable to start with and you want the best for them and are finding it hard to find the money to do it. Nine times out of ten, he found that money, one way or another, to help those vulnerable people. He used to say to me quite often ‘but for the grace of God go I’ and I think he really felt that. He had a strong feeling for his staff. I often said too strong a feeling for his staff. He defended them to the hilt, he wouldn’t take one cross word against them. I don’t know what he did behind closed doors but certainly with me when I was criticising the staff, he would stand up as their Champion.

He was a person that did feel for democracy, he was a person who fought for the community, he was a strong language person, the Welsh Language was very, very dear to his heart and he did whatever he could to promote it. He was one of the founder members of Community First, he was in the forefront there and I’m sure Arwel(Roberts) would agree that he played a major part in setting up the various bodies there, and you can see the fruits of these today.

He was adamant that Haulfre was going to be built. We had a difference of opinion as to where it was going to be built, but nevertheless it was going to be, and it is there now. It’s a shame that he isn’t here to see it and take part in the official opening, but there you are, these things happen and thank God we don’t know about it. It was a shock to us all and I’m sure it is going to be a big loss for everybody and my condolences to the family.”

Councillor R.G.Parry,OBE, Plaid Cymru - “Byron wasn’t a big talker but whatever he said, always had substance. I think he loved his work because as John Chorlton said I think he provided a magnificent service for this County. The service provided by Social Services is different to all of the other Council services since they deal directly with people who have health problems, the elderly and even young people.

Byron always felt close to those people and very often he was able to help them and he took great joy when this was the case. He loved his staff - he thought the world of them. After the funeral on Saturday I was speaking to one person from Social Services, a young lady who hadn’t been there for very long and what she said to me was that Byron was ‘like a father figure to us.’ The door was always open to the staff to go and see him and I think that is important. You only need to think who were there on Saturday, from the Department, at the funeral, and the tears shed for him. It is a massive loss for this Council but an even bigger loss at home in Talwrn and our sympathies are very much with the family. All I can say is “da was, da a ffyddlon.”

Councillor P.M.Fowlie, Original Independents - “Fellow Members, colleagues of Byron who have attended the meeting this afternoon. I never thought that one of the first tasks I would face in a full Council would be to pay tribute to Byron. If I may say as a fairly new Member, Byron had been here for about 10 years and he was always courteous. At Committees he always called you Sir and I thought that was something to admire. There was friendship yes, there was presence, yes. You only had to see the number of people attending the funeral at Talwrn on Saturday,

I’m very grateful that I came to know him. Unfortunately, we cannot do anything about fate. He’ll be sorely missed in Anglesey for many years to come. I’m a better person for having known him, like all of you. We have referred to the work he did but I’d like you to think about him as a person, that is how I’d like to remember him. I’d like to thank staff for attending this afternoon to show their support and pay their tributes. Thank you very much.”

The Chairperson extended his deepest sympathies to Councillor B.Durkin who had lost his father and to Councillor Peter Rogers who had lost his mother.

The Chairperson also referred to the sudden death of Mrs.Cath Pari who worked in the Committee Services Section. Cath had worked for the County Council for a number of years. She was a quiet member of staff popular with all her colleagues and would be greatly missed here in the County Council. He extended his sympathies to her children Sara and David and the whole family in their loss.

The Chairperson also sympathised with any member of the Council or a member of staff who had suffered a bereavement.

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

The Chair extended his congratulations to Ysgol Glanaethwy for doing so well in coming second in the BBC’s Last Choir Standing competition. It was a credit to these young people in what they had achieved and the Council were extremely proud of them for doing so well.

Also to the Gwynedd and Anglesey Youth Band for being selected to perform in the British Schools Prom in the Albert Hall, London in November, conducted by Mr.Gwyn Evans.

Congratulations to the community of Cemaes which had won the Gold Medal category in the Wales in Bloom competition.

Congratulations also to Meirion Edwards, Dewi Williams, Arwel Evans, Hedd Rhys, Dewi Francis Jones, Steven Owen, Richard Williams and Iestyn Harries on completing the Welsh 3000 Challenge - the challenge was to walk all 15 peaks over 3000 feet in Wales within 24 hours. They raised £1,900 for various charities.

Congratulations were also extended to those from Anglesey who were successful in the National Eisteddfod in Cardiff and to Dyfed Edwards, originally from Llangefni, who won the drama medal.

Congratulations to the Holyhead Breakwater Country Park which had been shortlisted as a finalist in the Times Newspaper Green Spaces 2008 Awards. It was one of the five attractions competing for the best open space title. The former stone quarry which was managed by the County Council’s Countryside Team was now a blossoming wildlife reserve. The Park was nominated by Gillian Oaks, Cheadle, Cheshire and the results were expected this December.

Congratulations to those people from Anglesey who were on the short list of the True Taste Wales Award. Thanks were extended for the hard work of the Tourism Team and the co-operation with food producers and restaurants on Anglesey.

Congratulations also to Councillor G.O.Parry, MBE and Mrs Mary Parry on celebrating their Golden Wedding anniversary recently and to the Leader of the Council upon his success in agricultural shows not only in Wales but throughout Britain.

He also reminded Members that officers of the Council were running in the Anglesey Marathon on Sunday and that there were forms available to sponsor them which would go towards the British Heart Foundation, Riding for the Disabled and Hospice in the Home.

Councillor Chorlton took the opportunity of referring to the Breakwater Country Park in that money needed to be spent on better facilities for the locals and visitors to be able to have refreshments there. He had spoken to the Department on many occasions requesting these improvements. At present there was a building there that was a museum and a building that was a cafe. The cafe was too small and the museum too big. All that was required was a straight swap. He requested the Chair to take a personal interest in it and move the matter forward.

The Chairperson noted his comments.

MINUTES

Submitted and confirmed as a true record, the minutes of the ordinary and annual meeting of the County Council held on 9th May, 2008.

4	IMPROVEMENT PLAN 2008

(i) Submitted - A report of the Head of Service (Policy).

(Copy previously issued to all Members as part of the Executive papers for 8th September, 2008)

(ii) Reported - That the Executive upon consideration of the above at its meeting on 8th September, 2008, had resolved as follows:-

Ÿ	“To note and take on-board the comments made on the Council’s highest risks by the Principal Scrutiny Committee and the Overview Committees at their joint meeting on 27th August, 2008.

Ÿ	To note that the Schools Rationalisation Strategy will not be completed by December 2008 as was suggested by the Principal Scrutiny Committee.

Ÿ	To recommend to the County Council that authority be given to the Head of Service (Policy) in consultation with the Leader and Portfolio Member for Performance to finalise the Plan by the deadline of 31 October, 2008.”

Councillor H.E.Jones enquired that if the Executive did not accept its own recommendation in the Improvement Plan that the schools Rationalisation Strategy would not be completed by December, then when would it be completed by?

Councillor E. G. Davies, Portfolio Holder, in reply stated that the consultation process with communities would begin in October and hopefully be completed by Easter.

Councillor H. E. Jones expected therefore that the reference at Page 20 of the Improvement Plan would be changed to reflect the statement of the Portfolio Holder. Secondly, on page 25 of the Plan, he welcomed the fact that additional staff would be appointed to the Property Section, but queried as to why the Council required consultants to complete the Asset Management Plan and when would the Plan be completed?

Councillor E. Schofield in reply thanked Councillor Jones for the acknowledgement that additional staff were required in the Section to continue this work. This was one of the biggest risk areas within the Authority and since the Job Evaluation process had not yet been completed, the Council required outside help to progress this work.

Lastly, Councillor H. E. Jones stated that the Improvement Plan was an opportunity to review priorities and the Council’s vision. He requested the Leader to inform the Council of any new priorities so that they could be included in the Plan.

The Leader in reply stated that the new Executive had adopted work from the previous period and he confirmed that the new Executive would have it’s own priorities.

Councillor W. J. Chorlton asked the Economic Portfolio Holder what he was doing personally to ensure that Wylfa B came to the Island?

Councillor B. Owen, Portfolio Holder in reply stated that this Council was supportive of Wylfa ‘B’ and that support was still there. The Executive were lobbying Ministers to make an early decision in this respect.

RESOLVED to endorse the recommendation of the Executive and that Authority be given to the Head of Service (Policy) in consultation with the Leader and Portfolio Member for Performance to finalise the Plan by the deadline of 31st October, 2008.

5	SCRUTINY / OVERVIEW COMMITTEES - ANNUAL REPORT 2007/08

Reported by the former Chairperson of the Principal Scrutiny Committee, Councillor C. L. Everett, that under Article 6 of the Council’s Constitution, an Annual Report must be submitted to the Council on the work of the Overview and Scrutiny Committees. The Annual Report for 2007/08 before Council today encompassed the period between the Council’s Annual meeting on 1st May 2007 and 9th May 2008. Details of the issues considered by those 3 Committees were detailed at Paragraphs 6,7 & 8 of the report.

RESOLVED to approve the contents of the Overview and Scrutiny Committee’s Annual Report for 2007/08.

6	CHANGES TO THE COUNCIL CONSTITUTION

(a) DELEGATION TO THE LEGAL SERVICES MANAGER

(i) Submitted - A report by the Solicitor to the Monitoring Officer.

(ii) Reported - That the Executive upon consideration of the above at its meeting on 8th September, 2008, had resolved as follows:-

“(a) RESOLVED that the matter of delegating power to the Legal Services Manager in respect of payments made S.92 of the Local Government Act 2000 be referred to the County Council for determination and that the Director of Legal Services / Monitoring Officer be requested to advise full Council on whether or not it would be feasible to delegate this responsibility down from the Council to the Executive.”

The Director of Legal Services / Monitoring Officer referred members to the 3rd page of the report and the recommendation contained under Para 1.11. This contained her recommendation to add to the powers of the Legal Services Manager to enable him together with the relevant Head of Service to make financial settlements to resolve complaints under the Council’s corporate complaints procedure, ie. those cases where it would be appropriate to make a financial settlement in-house under the complaints procedure, in accordance with the Principles of Remedy, issued by the Ombudsman but before the complaints were actually forwarded to the Ombudsman. When this draft report came before the Executive, the view of the Executive was, provided that there was no legal restriction, the Executive would prefer to decide these financial settlements themselves under the Corporate Complaints Procedure rather than delegate them to the Legal Services Manager.

The Director of Legal Services / Monitoring Officer confirmed that there was no legal prohibition against the Executive’s proposal and it was therefore a matter for the Council to decide which was the more practical option.

Councillor C.McGregor proposed that the Executive be given authority to make payments with regard to complaints made against the Authority in cases of maladministration under Section 92 of the Local Government Act 2000. The proposal was seconded by Councillor G. O. Parry, MBE.

Councillor W. J. Chorlton enquired as to whether these decisions would be made public?

The Director of Legal Services / Monitoring Officer in reply confirmed that reports and decision records would have to be published. The reports would protect the identity of individuals but they would give some information about the circumstances and the level of payment.

Councillor C. L. Everett considered that it wasn’t possible to adopt this resolution today until there was a Corporate Complaints Procedure in place. There was a necessity to have a Corporate Complaints Officer in post. There had to be somebody who had ownership of complaints within the Authority. It was not fair to have Complaints Officers in each department responsible for this new procedure. He asked that this matter be looked at as a matter of urgency.

(Councillor J. V. Owen wished it to be recorded in the minutes that he had not taken any part in discussions or voting thereon).

RESOLVED to delegate the power in respect of payments made under Section 92 of the Local Government Act 2000 to the Executive.

“(b) RESOLVED by a majority, to recommend to the Council to revise the Constitution by adding to the delegated power of the Legal Services Manager the following clause at 3.5.3.6:-

12. To sign any contract, agreement, notice or any other document to implement any resolution by the Council, any of its current Committees or Sub-Committees to include their successors and any other committee created from time to time (and including the current committees and Sub-Committees which are Planning and Orders Committee, Appeals Committee, Schools Exclusion and Admissions Appeals Committee, Social Services Appeals Committee, Standards Committee, Audit Committee, Governance & Risk Management Sub-Committee, Customer Focus Sub-Committee, Appointments Committee and Licensing Committee) or by the Executive or by a Member or Officer acting under executive power or needed to implement instructions given by or on behalf of any Heads of Service in respect of any matter delegated to him/her.”

The Director Legal Services / Monitoring Officer stated that Paragraph 1.12 on Page 3 of the report was the second element of the recommendation in relation to the Legal Services Manager. This was intended to make more explicit the powers of the Legal Service Manager to act on decisions which in fact had already been taken by the appropriate Committees or Officers with delegated power, to enter into contracts and agreements on behalf of the Council. This was in order to limit the possibility of any challenge by a third party and this proposal had the agreement and the recommendation of the Executive.

Councillor C. McGregor stated that in view of the information received today, that the Executive had the authority to take responsibility on behalf of the Council, he proposed that the matter be referred back to the Executive for further consideration. The decision made at the Executive on 8th September was made under information that the Committee were not aware of. The proposal was seconded by the Deputy Leader.

The Director of Legal Services / Monitoring Officer stated that this matter did require a decision of full Council on the basis that it was potentially changing the Constitution. The Executive could consider the matter again but it was the Council to make the ultimate decision.

RESOLVED that in the light of the information received today by the Director of Legal Services / Monitoring Officer the matter be referred back to the Executive for further consideration prior to a decision being reached by the Council.

(b) SCRUTINY CALL-IN PROCEDURE

(i) Submitted - A report by the Solicitor to the Monitoring Officer.

(ii) Reported - That the Executive upon consideration of the above at its meeting on 8th September, 2008, had resolved as follows:-

“to recommend to the County Council that paragraph 4.15.16.3 of the Constitution be amended so as to allow 5 non-Executive Members of the County Council to call-in any decision made by the Executive.”

Councillor C. L. Everett wished to congratulate the Executive in this instance because he felt it was the right decision to take. In the previous Council it was difficult for the Opposition to call any Executive decisions in. That had changed now, for the greater good of the Council at the end of the day.

Councillor H. E. Jones and W. J. Chorlton thanked the Director of Legal Services / Monitoring Officer for her work on this matter and the Executive for its wise decision.

RESOLVED to endorse the Executive’s decision in this respect.

(i) Submitted - A report by the Solicitor to the Monitoring Officer.

(ii) Reported - That the Executive upon consideration of the above at its meeting on 8th September, 2008, had resolved as follows:-

“to recommend to the County Council to revise the Constitution by changing to the delegated power of the Economic Development - Head of Service at 3.5.3.2.3 and inserting the following clause -

to submit applications for funding from European Union sources on behalf of all departments within the Council and ensure the most benefits to Anglesey therefrom and through all European Union and other external funding programme applications, to engage in joint project development either acting as a lead sponsor or project partner.”

The Director of Legal Services / Monitoring Officer stated that the recommendation on Page 2 of the report contained two elements. The first element was changing the scheme of delegation to reflect the change in terminology from Objective One funding to convergence funding. That proposal did not materially change the delegated powers to the Head of Service and it was recommended by Officers and the Executive. The second part of the recommendation did extend the Head of Services’ delegated powers and enables her to engage in joint projects, including joint projects with overseas countries. The extended delegated was agreed in principle by Officers and by the Executive. However, there was one point of difference, namely that the Director of Legal Services / Monitoring Officer and the Director of Finance recommended that the Council did not exercise these powers without the prior agreement of the Section 151 Officer and the Monitoring Officer. They requested that this caveat be included so that financial and legal issues would be identified early on and addressed as part of the negotiation process before significant expense was occurred and time wasted.

The Executive, however, took a different approach and the view that the proposal should be adopted as it stood without the caveat on the basis that the responsibility always rested with the Head of Service to decide when and if financial and legal consultation was required.

Councillor Bryan Owen, Portfolio Holder, proposed that the Council accept the Executive’s recommendation to withdraw the condition of “subject to the approval of the Section 151 Officer and the Monitoring Officer.” Councillor C. McGregor seconded the proposal.

(Councillor R. Ll. Hughes and G. O. Parry,MBE wished it to be minuted that they had abstained from voting on this matter).

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

(ch) PLANNING DEPARTURE NOTICES

(i) Submitted - A joint report by the Head of Service (Planning), Managing Director and the Director of Legal Services/Monitoring Officer.

(ii) Reported - That the Executive upon consideration of the above at its meeting on 8th September, 2008, had resolved as follows:-

“to recommend to the County Council that it makes the changes proposed to the Constitution in Appendix 2 of the 18 September 2007 report permanent.”

Councillor H. W. Thomas stated that this was introduced in September last year as a 12 month trial period. He considered it would be unwise to read too much into the precise figures. True the number of departures had fallen in this time, but it was equally true that the number of planning applications had fallen in the last 12 months. He felt that to make this permanent would be a mistake and the Council should revert to a 12 month trial period of having departures back for call-in by members of the Planning Committee and then for the Council to compare the two twelve month periods. The proposal was seconded by Councillor Raymond Jones.

The Head of Development Control pointed out to Council that in his professional opinion it would be unwise and a retrograde step for the Council to revert back to the position prior to the Council decision of 18th September, 2007.

Councillor H. E .Jones stated that this was not policy throughout Wales and other Authorities did not prevent Members from calling-in departures.

The amendment by Councillor H. W. Thomas was put to the vote and it was lost.

(Councillor B. Durkin wished it to be minuted that he had abstained from voting on this matter).

RESOLVED to endorse the recommendation of the Executive that it makes the changes proposed to the Constitution in Appendix 2 of the 18th September, 2007 report permanent.

7	SCHOOL MEALS CONTRACT-

(Councillor O.Glyn Jones, Vice-Chair took this item)

Submitted for information - A report by the Corporate Director (Education & Leisure) in accordance with Paragraph 4.5.16.10 of the Constitution as to why in this case the call-in procedure was not applicable at the Executive meeting on 7th July, 2008.

Councillor H. E. Jones asked the Portfolio Holder as to whether he was aware that a lot of staff at schools were unhappy with the new contract and that there was also very little local produce used?

Councillor E. G. Davies, Portfolio Holder replied that he was aware of what Councillor Jones had mentioned and that both matters would be investigated further by himself and the Department.

Councillor H. E. Jones requested that the results of such investigation be brought back to the County Council. The Portfolio Holder agreed to such request.

Councillor W. J. Chorlton mentioned that the meals menu was for 3 weeks and that the child was obliged to take everything that was on that menu for the week. He asked the Department to address this matter.

The Portfolio Holder noted the comments and that the matter would likewise be investigated.

Councillor D. R. Hughes stated there were real concerns as to this contract and the staff were unhappy as to the additional administrative burden. He enquired as to whether some cooks had given their notice?

The Portfolio Holder understood that there was additional paper work but could not confirm as to whether or not staff had terminated their employment.

Councillor C. Ll. Everett enquired as to whether or not officers under requirements of the Constitution had consulted with the Chair of the Council on the call-in procedure, since the Chair had declared an interest and should not have been involved in that decision?

Councillor G. O. Parry, MBE in reply stated that at the time there was no requirement for the Chair to declare an interest.

Councillor W. J. Chorlton requested that Members should receive written confirmation in this respect.

Councillor P. S. Rogers stated that it was well understood that the contract was coming to an end two years ago. The real concerns expressed at today’s meeting should be addressed by the Department. He enquired as to whether or not the number of pupils taking school meals had decreased or gone up? Who was in charge of quality control at the end of the day?

The Portfolio Holder in reply stated that he had noted the concerns that had been expressed. They would be investigated and addressed. Data was currently being prepared as to the number of pupils partaking of school meals.

The Leader confirmed that the concerns would be investigated and a report brought back to the next Council. As to the declaration of interest by the Chairman, he stated that there was no declaration required at that time.

RESOLVED to note the information.

8	SUPPLEMENTARY PLANNING GUIDANCE - LLANGEFNI CONSERVATION AREA CHARACTER APPRAISAL

(i) Submitted - The report of the Head of Service (Planning) as submitted to the Executive on 19th May, 2008.

(ii) Reported - That the Executive upon consideration of the above at its meeting on 19th May, 2008 had resolved as follows:-

“To approve the Llangefni Conservation Area Character Appraisal and that the document be submitted to the next full Council for adoption as Supplementary Planning Guidance.”

Councillor C.L.Everett mentioned that when these areas were designated for planning permission for a development, a planting programme was usually required. Llangefni have had the same problem as Holyhead where nobody took responsibility for the trees and their maintenance. These trees also posed problems in that they obscured the views of CCTV cameras. Very often it was the Highways Department that looked after these trees, although it was a requirement of the planning permission given at the time to the developer.

The Chairman noted the comments made.

RESOLVED to endorse the Executive’s decision in this respect and that the document be adopted as Supplementary Planning Guidance.

9	CHILDREN’S PLAN

(i) Submitted - A report by the Corporate Director (Education & Leisure).

(ii) Reported - That the Executive upon consideration of the above at its meeting on 8th September, 2008 had resolved as follows:-

“To approve the contents of the Plan and to recommend to the County Council that it adopts the Plan as a strategic document of the Council’s intentions for the period 2008-2011.”

The Portfolio Holder, Councillor E. G. Davies in submitting the report paid tribute to Mr. Byron Williams in that traces of his knowledge and information ran through the body of the document. He had contributed so much towards it’s production.

Councillor P. S. Rogers considered that there was a serious omission within the report namely the looking after of children in Council care and the concerns in society when those children fail to attain relevant qualifications. He thought it was a tremendous disadvantage to leave education altogether without any qualification and without any guidance.

Councillor R. Ll. Hughes, Portfolio Holder, in reply stated that this matter had arisen at the meeting of the Corporate Parenting Panel the other day. It was pleasing to report that there were very fine educational results for those children under the care of this Authority. Apart from one person out of sixteen, they would all be going on to further education in one form or another.

The Corporate Director (Education & Leisure) stated that there was reference within the Plan so as to ensure that these young people fulfilled their full potential, in order to keep them in training or full time education after 16 years of age. The Council would be looking at Hyfforddiant Môn to offer apprenticeships to the most vulnerable of these young people. He was willing to provide Councillor Rogers with a full answer to the points he had raised.

RESOLVED to endorse the Executive’s decision in this respect and to thank the Officers for their work.

10	POLITICAL BALANCE

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

Reported - That since the election and the County Council meeting on 9th May 2008 there had been changes in the membership of the political groups and the Council now needed to review its political balance arrangements on the Council Committees.

Attached to the report were two tables (Table A and Table B) setting out the political balance of Council Committees in accordance with the Local Government and Housing Act, 1989. The tables now showed the four political groups 22, 8, 5 and 4 Members respectively and 1 separate Unaffiliated Member. Differently from the situation on the 9th May the Original Independent Group now had a majority of the Authority’s membership.

Table A showed the total number of seats to be allocated as 120 with the number of seats on the Pay & Grading Panel reduced from 6 to 5. If the Council wished to keep the status quo regarding the number of seats on the Pay & Grading Panel then Table A showed the relevant distribution of seats.

However, if the Council wished to increase the number of seats on the Pay & Grading Panel so that each group was represented thereon, it was suggested that the number be increased from 5 to 7. If the Council so resolved, then the total number of seats to be allocated would be 122 and Table B would be the document showing the relevant distribution.

The figures had been prepared so as to ensure political balance in respect of a “by-committee” basis as well as in total based on the legislative provisions. The Original Independent Group must have a majority on each committee, which in practice gave it more than a proportionate share of the seats. The other political groups should have a proportionate share of the seats - their entitlement was no less now than it was in May. Following these principles as was customary, the balance of seats were available to the unaffiliated members. As a result of the recent changes, the single Unaffiliated Member in fact lost all committee seats if the total number of seats was retained at 120, and received one seat if the total was increased to 122. This was a direct consequence of the legislative provisions, which gave priority to political groups over unaffiliated members.

The County Council was reminded that the political balance distribution of seats had to comply with the statutory requirements, unless there was a decision to the contrary taken with no members voting against.

Councillor P. S. Rogers stated that there must be an alternative to what was being proposed in that if Option B was adopted today he would only have 1 seat on the Council Committees as opposed to 3 following the May Council meeting. He stated that he would be prepared to set up a ‘Peter Rogers Group’ in order to remedy this injustice.

The Corporate Director (Finance) in reply stated that the legislation did not mention Unaffiliated Members but Political Groups. It was not possible to have a Group of one member. When there was no majority Group in the past, the Council had allocated seats to Unaffiliated Members because that was what was left over after the rights of the Groups were allocated throughout. Unaffiliated Members had no rights but the discrimination was in the legislation and not within the Constitution. However, this Council could propose something else without opposition.

Councillor Barrie Durkin expressed his concern at such discriminatory legislation, in that an elected member was being prevented from taking part in voting on issues and that could not be right.

In order to overcome this injustice to Councillor Peter Rogers, the Leader of the Council proposed that the Council should take a recorded vote on the matter to retain the status quo, i.e. to accept the political balance arrangements as at 9th May, 2008.

It was RESOLVED with no members voting against to retain the status quo and proceed in accordance with the political balance arrangements as at 9th May, 2008 (i.e. that Councillor Peter Rogers would retain those 3 seats allocated to him).

11	ELECTION OF HONORARY ALDERMEN.

Reported by the Managing Director - That Section 249 of the Local Government Act, 1972, enabled the County Council to confer the title of Honorary Alderman to persons who had in its opinion rendered eminent services to the Council.The honour was available to past members, but not to those who were still serving members of the Council. At present there was only one serving Alderman.

There was currently a will amongst all Groups within the County Council to confer Honorary Alderman status to appropriate individuals, for which purpose there would be need to convene a special meeting of the County Council where any proposals for such honours would require a resolution passed by not less than two thirds of those present at the meeting. A formal civic occasion would follow some weeks afterwards.

The County Council was requested to endorse the following criteria as the basis for identifying persons suitable for conferment of the status:-

That recognition as Honorary Alderman should be considered where an individual has given significant and eminent service to the people of Anglesey as an elected member of the Isle of Anglesey County Council and one or more of its predecessor local authorities and through such other appointments, positions and roles undertaken with other external bodies, organisations and boards as a serving member of one of the relevant local authorities.

Ÿ	That as a general guideline, no such recognition would be considered for a former elected member who has completed less than 25 years continuous service as an elected representative of one or more of the relevant local authorities.

Ÿ	Recognition will not be dependent upon political party or political group membership, but rather will reflect the valuable influence on and contribution to supporting the interests of and improving the circumstances of the people of Anglesey.

Ÿ	That as a minimum, a review of the existing position regarding Honorary Aldermen and consideration of any new proposals for the honour shall be undertaken following each consecutive election for Councillors to serve on the Isle of Anglesey County Council (i.e. every 4 years)

Subject to any change in statutory provision that might require a review, the above criteria will stand for future consideration.

Councillor R. G. Parry, OBE enquired as to whether or not those members with over 25 years of service should declare an interest?

The Director of Legal Services / Monitoring Officer stated that there was no need to declare such interest.

Councillor P. S. Rogers stated that at the present time this country was going through a major economic crisis. This Council was now thinking of putting more costs on the taxpayers of Anglesey to sponsor the attendance of Alderman at Council functions. He proposed that the decision be deferred until the Council had received the views of the people of Ynys Môn.

Councillor H. E. Jones agreed with Councillor Rogers’ observations in this respect. There was little reference within the report on the advantages to Anglesey in creating such posts and the costs thereof. He seconded Councillor Rogers’ proposal to defer.

The Leader in reply stated this matter had not yet been finalised in that if the Council agreed with the principle, further consideration would be given by the Leaders of the Political Groups, the Chair of the County Council and the Managing Director to take the appropriate decision. However, they would take on board the comments made at today’s meeting.

The Chair asked whether the Council were prepared to accept the recommendations contained within the report including the observations put forward by Councillors Rogers and H. E. Jones? A report on the outcome of discussions would be reported back to the Council.

RESOLVED

Ÿ	To endorse the criteria for consideration of nominations for the status of Honorary Aldermen.

Ÿ	To empower the Chair of the County Council and the Managing Director, in consultation with the Political Group Leaders, to consider and bring forward proposals for such honours.

(Councillor Rogers enquired as to why the amendment was not put to the vote? The Chair in reply apologised for the oversight but stated that the substantive motion had been passed and that he could not see that the amendment would make any difference now).

12	DELEGATIONS BY THE LEADER

Submitted - A report by the Managing Director selling out any changes to the scheme of delegation relating to Executive functions made by the Leader since the last Ordinary and Annual Meeting (Rule 4.4.1.4 of the Executive’s Procedure Rules - Page 134 of the Constitution referred).

Councillor C.L.Everett suggested that under the delegated authority with regard to Contract Procedure Rules, local members should be included as part of the consultation process.

RESOLVED to note the information contained within the report and that Officers make arrangements to include Local Members as part of the consultation process with regard to any decisions made under the Contract Procedure Rules.

13	SECTION 16 REPORT - BENEFITS

(a) Submitted - A copy of the Ombudsman’s Section 16 report in this respect.

(b) Submitted - The report of the Corporate Director (Finance) in response to the Ombudsman’s report.

Councillor H.E.Jones was of the opinion that unless the culture of the Department was changed then further complaints would follow. Better management and better training was required, Under section 3.2 of the Action Plan, reference was made to staff appraisal systems as a medium term target. He proposed that this should become a short-term target across the Council.

(Councillor J.V.Owen wished it to be minuted that he had not taken part in any discussion or voting on this matter).

RESOLVED

Ÿ	To accept the Ombudsman’s report and the observations of the Corporate Director (Finance).

Ÿ	To convey this Council’s unreserved apology and to pay the compensation recommended by the Ombudsman to the two complainants and to acknowledge the maladministration in this respect.

Ÿ	To authorise Officers to agree an Action Plan with the Regulators and that it be submitted to the Ombudsman’s Office within 3 months.

Ÿ	To note that the Corporate Complaints Procedure has already been reviewed and amended by the County Council since the time of the inquiry.

Ÿ	That staff appraisal across the Council, should be listed as a short-term objective as opposed to the medium-term referred to within the Action Plan.

The meeting concluded at 4.25 pm

COUNCILLOR ALED MORRIS JONES

CHAIRPERSON

Meeting documents

Isle of Anglesey County CouncilTuesday, 16th September, 2008

Isle of Anglesey County Council
Tuesday, 16th September, 2008