Meeting documents

Isle of Anglesey County Council
Tuesday, 19th September, 2006

Meeting of the Isle of Anglesey County Council 

 

Minutes of the meeting held on 19th September, 2006 (2:00pm)

 

PRESENT:

 

Councillor J. Rowlands (Chairperson)

Councillor W. J. Williams, MBE (Vice-Chairperson)

 

Councillors Mrs B. Burns, J. Byast, W. J. Chorlton, E. G. Davies,

J. M. Davies, P. J. Dunning, J. A. Edwards, K. Evans,

C. Ll. Everett, P. M. Fowlie, D. R. Hadley, D. R. Hughes,

Fflur M. Hughes, R. Ll. Hughes, W. I. Hughes, A. M. Jones,

G. O. Jones, H. E. Jones, J. A. Jones, O. G. Jones, R. Ll. Jones,

D. A. Lewis Roberts, Bryan Owen, R. L. Owen,

G. O. Parry, MBE., R. G. Parry OBE, G. A. Roberts, G. Winston Roberts OBE, John Roberts, J. Arwel Roberts, W. T. Roberts,     P. S. Rogers, H. W. Thomas, K. Thomas, J. Williams,

 

 

IN ATTENDANCE:

 

Designated Head of Paid Services

Corporate Director (Finance)

Corporate Director (Environment & Technical Services)

Head of Service (Corporate Services)

Head of Service (Economic Development)

Head of Service (Policy)

Director of Legal and Committee Services/Monitoring Officer

Solicitor to the Monitoring Officer (RMJ)

Communications Officer

Committee Services Manager

 

APOLOGIES:

 

Councillors T. H. Jones, H. Noel Thomas, E. Schofield.

 

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

 

1

DECLARATIONS OF INTEREST

 

Councillor K. Thomas declared an interest in respect of any item of business on the Agenda which might relate to the employment of his brother who is employed within the Housing and Social Services Department.

 

Councillor G. O. Parry MBE declared an interest in respect of any item of business on the Agenda which might relate to the employment of his daughters within the Finance Department.

 

Councillor D. R. Hughes declared an interest in respect of any item of business on the Agenda which might relate to the employment of his daughter with the Local Education Authority.

 

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

 

Councillor C. L. Everett declared an interest in respect of any item of business on the agenda which might relate to the employment of his sister within the Housing & Social Services Department and in relation to his employment as Clerk of the Holyhead Town Council.

 

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

 

Councillor A. Morris Jones declared an interest with regard to any item of business which might relate to the employment of his brother in the Education and Leisure Department.
 

Councillor G. Allan Roberts declared an interest with regard to any item of business which might relate to the employment of his son-in-law in the Finance Department.
 

 
 

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

 
 

Councillors W. J. Chorlton, J. M. Davies, C. L. Everett, J. Arthur Jones, G. O. Parry, MBE, G. Allan Roberts; the Corporate Director (Finance) and the Committee Service Manager declared an interest in Item 15 of these minutes and were not present at the meeting during any discussion or voting thereon.
 

 
 

The Corporate Director (Finance) and the Director of Legal Services / Monitoring Officer declared an interest in Item 11.2 of these minutes and were not present at the meeting during any discussion or voting thereon.
 

 
 

The Corporate Directors (Finance), (Education & Leisure) and (Environment & Technical Services) declared an interest in Item 5 of these minutes and were not present during any discussion or voting thereon.
 

 
 

2

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

 
 

Congratulations were extended to all those pupils on the Island who successfully completed their ‘A’ Level studies this summer.
 

 
 

Congratulations to Ray Williams from Holyhead, A celebrated weight lifter and a former gold medal winner at the 1986 Commonwealth Games in Edinburgh - Ray had just won a world weighlifting competition for men between 45-50 years of age in Bordeaux, France.
 

 
 

Congratulations also to Anglesey’s over 50’s clubs which came together for an awards ceremony held by the County Council last week. The Moelfre Club won the Club of the Year Trophy and Clwb y Cob, Valley won the project of the year trophy for ‘The Green Gym’ which encouraged the over fifties to keep healthy by gardening.
 

 
 

Best wishes to the former Managing Director of the County Council, Mr Geraint Edwards, on his retirement. Geraint joined the Council in 1999, following a period with Darlington Borough Council. He worked diligently for the Council and Anglesey during his seven years and the Chair wished him well for the future.
 

 
 

Also to Mr William Jones from the Education Department who would be retiring after over 30 years with the Department. He joined Isle of Anglesey County Council on 1 January 1973 and he would be spending his last day in the job tomorrow.
 

 
 

The Chair also referred to the fact that he had been given the honour of representing the County Council at the funeral of Sir Kyffin Williams in Bangor last week. Anglesey and Wales had certainly lost an artist of genius. We now look forward to seeing the establishing of the Syr Kyffin Williams Gallery here on the Island at Oriel Môn as a fitting tribute to him.
 

 
 

It was also very sad to hear the news of the two young brothers who died in a fire recently in Llanfaethlu. We extend our sympathies as a Council to the family of Konnor and Kyal Owen.
 

 
 

He sympathised with any member of staff or councillors who had suffered a bereavement recently. Members and Officers stood in silent tribute as a mark of their respect.
 

 
 

Councillor G. O. Parry, MBE, with the Chair’s consent referred to the death of Kenneth Griffith and the close link between himself in the world of films and Huw Griffiths who was born in this area.
 

 
 

Councillor A. Morris Jones took the opportunity of congratulating Pensarn Youth Club for winning an award through Britain for their good work.
 

 
 

Councillor H. W. Thomas congratulated the Planning Department on their success in the recent Glanaber Caravan Park, Amlwch court case.
 

      
 

3

MINUTES
 

 
 

Submitted and confirmed, the minutes of the meetings of the County Council held on the following dates.
 

 
 

Ÿ

2nd May, 2006 (Pages 1 - 7 of this Volume)
 

Ÿ

2nd May, 2006 (Annual Meeting) (Pages 8 to 11 of this Volume)
 

Ÿ

13th July, 2006 (Extraordinary) (Pages 12 to 16 of this Volume)
 

Ÿ

21st July, 2006 (Extraordinary) (Pages 17 to 18 of this Volume)
 

Ÿ

11th August, 2006 (Extraordinary) (Pages 19 to 20 of this Volume)
 

 
 

Councillor P. M. Fowlie queried the Chair’s earlier ruling that he was not prepared to entertain any questions on the minutes of the County Council, except upon their correctness. He asked the Chair as to when Members would be allowed to ask questions or make an observation on the minutes?
 

 
 

The Chair in reply stated that it was open for members to write to him should they wish to raise any questions at Council.
 

 
 

Councillor A. M. Jones enquired as to why the sytem had changed, since this was the democratic forum for Members to raise questions at Council. If opposition parties were not allowed to ask questions, what purpose was there in attending at all? The protocol or precedent in this Council was that members had been allowed to ask questions. Was this the Council therefore doing away with democracy?
 

 
 

The Chair in reply stated that he was only abiding by the rules set out in the Council Constitution.
 

 
 

4

MINUTES OF COMMITTEES
 

 
 

     Submitted for information, and for approval of recommendations where necessary, the                minutes of meetings of the following Committees, held on the dates shown:-
 

 
 

                                                       Pages
 

                     
 

     4.1     PLANNING AND ORDERS COMMITTEE                      21 - 38
 

          held on 5th April, 2006
 

 
 

     4.2     APPOINTMENTS COMMITTEE                             39
 

          held on 26th April, 2006                                                                                                        
 

     4.3     AUDIT COMMITTEE                                                    40 - 46
 

          held on 27th April, 2006                                                                     
 

     4.4     PRINCIPAL SCRUTINY COMMITTEE                                  47 - 49
 

          held on 27th April, 2006                                  
 

      
 

     4.5     PRINCIPAL SCRUTINY COMMITTEE (SPECIAL)               50
 

          held on 2nd May, 2006
 

 
 

     4.6     EDUCATION, HEALTH AND WELFARE POLICY OVERVIEW                    51
 

          COMMITTEE (SPECIAL)
 

          held on 2nd May, 2006
 

 
 

     4.7     DEVELOPMENT, INFRASTRUCTURE AND RESOURCES           52
 

                           POLICY OVERVIEW COMMITTEE (SPECIAL)                   
 

          held on 2nd May, 2006
 

 
 

     4.8     LICENSING COMMITTEE (SPECIAL)                                 53
 

          held on 2nd May, 2006
 

 
 

          Councillor R. L. Owen wished it to be noted that although the minute showed his                     attendance, it did not show that he had voted for Councillor O. Glyn Jones when two                nominations were received for the post of the Chairperson of the Planning and                     Orders Committee.
 

 
 

          Councillor J. Arthur Jones pointed out that the name of Councillor A. Morris Jones                had been inadvertetly included in the list of those members who had voted for                     Councillor O. Glyn Jones and that the minute should reflect the name of Councillor                R. L. Owen.
 

 
 

     4.9     PLANNING AND ORDERS COMMITTEE (SPECIAL)                       54
 

          held on 2nd May, 2006         
 

 
 

     4.10     AUDIT COMMITTEE (SPECIAL)                         55
 

          held on 2nd May, 2006
 

 
 

     4.11     PLANNING AND ORDERS COMMITTEE                    56 - 71
 

          held on the 3rd May, 2006
 

 
 

     4.12     APPOINTMENTS COMMITTEE                                 72 - 73
 

          held on the 8th May, 2006
 

 
 

     4.13     LICENSING COMMITTEE                              74 - 75
 

          held on the 9th May, 2006
 

 
 

     4.14     DEVELOPMENT, INFRASTRUCTURE AND RESOURCES                     76 - 80
 

          POLICY OVERVIEW COMMITTEE (SPECIAL)                                          held on 24th May, 2006
 

           
 

     4.15     EDUCATION, HEALTH AND WELFARE POLICY OVERVIEW                   81 - 87
 

          COMMITTEE (SPECIAL)
 

          held on 5th June, 2006
 

 
 

     4.16     PLANNING AND ORDERS COMMITTEE                            88 - 102
 

          held on the 7th June, 2006
 

 
 

     4.17     APPOINTMENTS COMMITTEE                                 103 - 104
 

          held on the 8th June, 2006
 

 
 

     4.18     DEVELOPMENT, INFRASTRUCTURE AND RESOURCES                      105 - 108
 

          POLICY OVERVIEW COMMITTEE (SPECIAL)                
 

          held on the 8th June, 2006
 

 
 

          Arising thereon:-
 

 
 

          Item 4. Local Development Plan
 

 
 

          Councillor R. G. Parry, OBE stated that the three opposition Groups did not attend                meetings of the LDP Panel and that there had been complaints to this effect. The                     reasons for not doing so were because of problems within this Authority and he                     asked the Leader of the Council to review the membership of the Panel especially                after the television programme that was broadcast last night.
 

 
 

          The Chair stated that his request would be noted in the minutes.
 

 
 

 
 

     4.19     CYSAG                                                                              109 - 115
 

          held on the 12th June, 2006                                                                      
 

     4.20     APPOINTMENTS COMMITTEE                                  116 - 117
 

          held on the 12th June, 2006
 

 
 

     4.21     EDUCATION, HEALTH AND WELFARE POLICY OVERVIEW                    118 - 123               COMMITTEE
 

          held on 15th June, 2006
 

 
 

     4.22     APPOINTMENTS COMMITTEE                                  124
 

          held on the 21st June, 2006
 

 
 

 
 

     4.23     SEN JOINT COMMITTEE                                  125 - 128
 

          held on the 23rd June, 2006
 

 
 

          Arising thereon:-
 

 
 

          Councillor John Roberts requested the Council to write to Mr. Richard Coupe, former                Principal Educational Psychologist, who retired last month. He paid tribute to his                     service and contribution to SEN during his career. He requested that on behalf of the                Council the Chair should write to Mr. Coupe in this respect.
 

 
 

          Resolved to agree to such request.
 

 
 

     4.24     SEN JOINT COMMITTEE (SPECIAL)                             129
 

          held on the 23rd June, 2006
 

 
 

     4.25     PRINCIPAL SCRUTINY COMMITTEE                             130 - 133
 

          held on 27th June, 2006
 

 
 

          Item 3. Licensing of Markets and Car Boot Sales         
 

 
 

          Councillor G. O. Parry, MBE stated that at the above meeting he had drawn attention                to the licensing of markets and car boot sales. Three months had elapsed since that                meeting and he requested an update from the Portfolio Holder.
 

 
 

          The Chair promised that a written reply would be forwarded to Councillor Parry.
 

 
 

          Arising thereon:-
 

 
 

     Item 5. Additional Item Submitted in Accordance with the rules of the Constitution    
 

 
 

          Councillor Aled Morris Jones drew the Council’s attention to the second paragraph of                the item and requested that the words ‘key officer’ be amended to read ‘Principal                     Health and Safety Officer’
 

 
 

          Resolved to agree to the change.
 

                     
 

     4.26     EDUCATION, HEALTH AND WELFARE POLICY OVERVIEW               134 - 138
 

          COMMITTEE (SPECIAL)
 

          held on 27th June, 2006
 

 
 

     4.27     AUDIT COMMITTEE                                       139 - 143
 

          held on 29th June, 2006
 

 
 

     4.28     DEVELOPMENT, INFRASTRUCTURE AND RESOURCES
 

          POLICY OVERVIEW COMMITTEE (SPECIAL)                        144 - 147
 

          held on 29th June, 2006
 

 
 

     4.29     PLANNING AND ORDERS COMMITTEE                        148 - 166
 

          held on the 5th July, 2006
 

 
 

     4.30     PLANNING AND ORDERS COMMITTEE                                167 - 183
 

          held on 26th July, 2006
 

 
 

     4.31     AUDIT COMMITTEE                                       184 - 187
 

          held on 27th July, 2006
 

 
 

     4.32     SEN JOINT COMMITTEE (SPECIAL)                             188
 

          held on 28th July, 2006
 

 
 

 
 

     4.33     APPOINTMENTS COMMITTEE                             189
 

          held on 8th August, 2006
 

      
 

     4.34     PRINCIPAL SCRUTINY COMMITTEE                             190 - 191
 

          held on 31st August, 2006
 

 
 

          At this juncture, Councillor R. Ll. Jones enquired as to an earlier ruling made by the                Chairperson at today's meeting that he would not under constitutional rules entertain                questions from the floor with regard to the Minutes volume. He contested that under                Rule 4.1.12.1 of the Constitution that such a right existed. The Director of Legal                     Services / Monitoring Officer referred members to Page 102, Paragraph 4.1.19.1 of                the Council Constitution, where it was clear that the only part of the minutes that could           be discussed was their accuracy and that no motion or discussion shall take place on                the minutes except upon their accuracy.  
 

 
 

          Members then raised para 4.1.12.2, on Page 94: “Questions on Notice at Full                     Council.” These could be on any subject and it could be seen under item 12 of the                agenda a series of such questions. Reference also made at Paragraph 4.1.12.1 that                questions may be asked on the reports of the Executive or Committees.
 

 
 

            The Director of Legal Services / Monitoring Officer's interpretation was that it applied                to the reports from Item 5 of this agenda onwards and that this did not apply to the                minutes where the other paragraph applied.
 

 
 

          Councillor R. Ll. Jones in reply stated that this was the Legal Officer's interpretation                and that there could be other interpretations of it. He didn't think that the letter of the                law was being followed to the advantage of Council members. This stifling of debate                was in his opinion a very retrograde step.
 

 
 

          Councillor A. M. Jones requested that the advice given today by the Director of Legal                Services / Monitoring Officer should be forwarded in written form to all Councillors at                her earliest convenience.
 

 
 

          The Designated Head of Paid Service stated that he realised that this was a complex                issue. This Council modernised in 2001 and adopted a new Constitution. Based on                that Constitution members were given the opportunity at Committees to ask                     questions. Only some matters were referred up from those Committees to the full                Council for consideration discussion or adoption. As regards resolutions of the                     Executive, a procedure was in place to call in decisions if a debate was required.                     There is also a procedure for the Council to forward written questions in advance                     which are then listed on the agenda.
 

 
 

          The complexity arose because all the minutes are presented for information in the                Council Volume. These minutes need not be included in the Council Volume but are              there to ensure that all members were kept fully informed. Those minutes could be                forwarded to members in a separate bundle for information purposes. Modernisation                of Local Government had resulted in a different procedure to the traditional procedure                that was in existence up to 2001. The rationale was to facilitate the business of the                Council and to make things quicker and simpler to follow.  
 

 
 

          He agreed that the Monitoring Officer should provide all members with a copy of the              advice given today at Council. If members were still unhappy, further discussion                       regarding modernisation could take place by means of the former Modernisation                     Panel, which consisted of a cross section of Political Groups. However, this afternoon                the Council is obliged to act within the rules it has already adopted within the current                Constitution.   
 

 
 

          The Leader of the Council agreed that a letter of explanation should be forwarded to                members by the Director of Legal Services / Monitoring Officer. He also agreed that                there was a need to review the constitution which was adopted in 2001.
 

 
 

     4.35     EXECUTIVE COMMITTEE
 

          held on the following dates:-
 

 
 

          4.35.1          24th April, 2006                                 192 - 206                                                      
 

          4.35.2          22nd May, 2006                                         207 - 211
 

           
 

          4.35.3          5th June, 2006                                 212 - 215    
 

                                              
 

          4.35.4          26th June, 2006                                         216 - 226
 

 
 

          4.35.5                10th July, 2006                                 227 - 228                                                      
 

          4.35.6          24th July, 2006                                         229 - 235                   
 

     4.36     EXECUTIVE SUB-COMMITTEE                            236 - 239                    held on 31st July, 2006
 

 
 

     4.37     APPOINTMENTS COMMITTEE                                    240 - 241                       held on 19th April, 2006                                     
 

 
 

 
 

5

MANAGING DIRECTOR’S POST - INTERIM ARRANGEMENTS
 

 
 

Reported by the Head of Corporate Services - That following the retirement of Mr. Geraint Edwards on 31st August 2006, and in view of the fact that Mr Derrick Jones, his successor, would not commence his duties as the new Managing Director until November, it had become necessary to make arrangements to cover the day to day work of the Managing Director in the interim period.
 

 
 

In accordance with the requirements of the Local Government and Housing Act 1989, the County Council must designate one of its senior executives as Head of the Authority’s Paid Service. Following consultation with the Corporate Directors and Leaders of the Political Groups, Mr Richard Parry Jones, Corporate Director (Education & Leisure), subject to the resolution of the County Council, had agreed to accept that designation until such time as the new Managing Director took up his post with the authority.
 

 
 

The County Council should note that the proposed arrangements required the assumption of additional duties and responsibilities, albeit for a limited period, and would need to address the issue of formal recognition for those additional duties and responsibilities.
 

 
 

RESOLVED to approve the interim arrangements to undertake the duties of the post of Designated Head of Paid Services as outlined in the report.    
 

 
 

6

SCRUTINY / OVERVIEW COMMITTEE - ANNUAL REPORT 2005/06
 

 
 

Reported by the Chairperson of the Principal Scrutiny Committee - That under Article 6 of the Council’s Constitution an Annual Report needed to be submitted to the Council on the work of the Overview and Scrutiny Committee. This Annual Report encompassed the period between the Council’s Annual Meeting on the 3 May 2005 and 2 May 2006.
 

 
 

The report was produced with the co-operation of the Chairperson and Vice-Chairpersons of the Overview and Scrutiny Committees.
 

 
 

RESOLVED to approve the content of the Overview and Scrutiny Committees Annual report for 2005/06.  
 

 
 

7   IMPROVEMENT PLAN 2006/07
 

 
 

The Principal Scrutiny Committee on 31 August, 2006 had resolved as follows:-
 

 
 

Ÿ

“That the Committee endorsed the Improvement Pathways as included in Appendix 2 of the report;
 

Ÿ

That the Executive consider the proposal to bring forward the timescale for completion of the Leisure Strategy by November, 2006;
 

Ÿ

That the Executive be requested to reach a decision in respect of the proposed Island Games 2013 as soon as possible.”
 

 
 

Although financial systems was identified initially as a high risk, a subsequent review of the methodology used had resulted in a lower score and, therefore, a lower risk which had been confirmed by the Regulators. Consequently, agreement was reached that four and not five service areas posed the highest risks, namely:-
 

 
 

Ÿ

ICT
 

Ÿ

Schools Access
 

Ÿ

Leisure Services
 

Ÿ

Waste Management
 

 
 

The Risk Assessment process did not identify any particular Social Services issue that deserved to be included amongst the highest risk. The Regulators had confirmed that it was reasonable to await the outcome of the Joint Review before reaching a view. The draft Improvement Plan included reference to the Joint Review and the requirement to prepare a subsequent action plan.
 

 
 

At the Joint Risk Assessment meeting the Regulators asked the Council to consider adding “Economic Development, Regeneration and Tourism” to its highest risk category, in view of the potential impact of external factors, including the decommissioning of Wylfa and potential closure of Anglesey Aluminium. Although Economic Development did not emerge out of the risk assessment process as one of the highest risks, because the WPI guidelines concentrated on risks to the Authority’s area, the Council acknowledged the severity of the challenges facing the Anglesey Economy. This was a long term issue facing the whole area and a high priority for the Council. The draft Improvement Plan highlighted this issue and specified what action the Council intended to take.
 

 
 

There was general agreement on the cross-cutting corporate risks namely:
 

 
 

Ÿ

Asset and Capital Project Management
 

Ÿ

Job Evaluation
 

Ÿ

HR issues
 

Ÿ

Performance Management
 

Ÿ

Loss of Resources
 

 
 

A copy of the draft Improvement Plan for 2006/07 was previously forwarded to all members of the Council as part of the report to the Executive on 11th September, 2006.Work was still in hand to finalise the Plan and there were some gaps in the draft copy. However, the Audit on the 2005/06 Plan had informed the work.
 

 
 

As part of the Performance Management Framework, Work Programmes would be monitored initially by the Performance Management Panel and reported to the Executive.
 

      
 

     Under the Constitution, the County Council was responsible for the adoption of the Plan, and would need to consider recommendations made by the Executive.
 

      
 

     RESOLVED to endorse the following recommendations of the Executive made on 11th September, 2006:-
 

      
 

Ÿ

To note the recommendations of the Principal Scrutiny Committee on 31 August, 2006 and that they be thanked for their work in this respect and to confirm that the original timescale for completion of the Leisure Strategy be adhered to.
 

 
 

Ÿ

To note the current position on finalising the plan.
 

 
 

Ÿ

That the Service and Improvement Pathways relating to service and corporate risks be accepted and adopted by the County Council (Appendix 11 of the draft report refers).
 

 
 

Ÿ

That authority be given to the Corporate Director (Finance) in consultation with the Leader and Portfolio Holder for Policy Performance and Personnel to finalise the Plan by the 31 October, 2006 deadline.
 

 
 

8   ANNUAL REPORT ON TREASURY MANAGEMENT 2005/06
 

 
 

     Submitted - A report by the Corporate Director (Finance) on the Treasury Management Activities for monitoring purposes as required by the Codes of Practice.
 

 
 

Details were provided within the report in respect of the following:-
 

 
 

Ÿ

Current Portfolio
 

Ÿ

Borrowing transactions and performance against the strategy
 

Ÿ

Rescheduling Activity
 

Ÿ

Investment Activity
 

Ÿ

Externalisation of borrowing and investments
 

Ÿ

Compliance with policies and limits. The Council operated within the treasury limits and Prudential Indicators adopted. Two breach of investments limits were reported but no further action was required.
 

 
 

     The agreed strategy for 2006/07 was based on an assumption that external borrowing would be approximately £3.7m more than the Capital Financing Requirement at the end of last year. The actual borrowing was at the expected level but the Capital Financing requirement was £6.7m less than anticipated due to capital financing decisions made at year end. The effect was to reduce the charge to revenue in 2006/07.
 

      
 

     The level of borrowing meant that the portfolio should remain safely within the limits approved. There was no reason to propose any changes to Treasury Limits at this time. Rescheduling was not particularly attractive last year but it remained an option when market conditions were favourable and several transactions had been undertaken this year.
 

 
 

     The unforeseen increase in base rates in early August this year had mixed effects on the financial plans. The existing long term investments now offered poorer value than had been projected. However, the scope in respect of uncommitted investments, together with low rates obtained on borrowing in anticipation of current and future needs, was likely to outweigh this setback. The effects would be reported to the Executive in the quarterly monitoring reports on the revenue budget.
 

      
 

     RESOLVED to accept the report and to note the intention to continue to reschedule the debt portfolio when market conditions are favourable.
 

 
 

9   BUS CONTRACT ROUTE 53J - BANGOR TO BEAUMARIS
 

 
 

     Submitted for information purposes - A report by the Head of Service (Highways & Transportation) setting out the background to the decision of the Portfolio Holder for Highways, Transportation and Property to award a bus service contract as a matter of urgency in accordance with Paragraph 4.5.16.10 of the Council’s Constitution.
 

      
 

     RESOLVED to note and to endorse the contents of the report.
 

 
 

10   REFERENDUM FOR THE RETENTION OF THE NATIONS CANALS AND WATERWAYS IN              PUBLIC OWNERSHIP
 

      
 

     Submitted - A letter dated 13th July, 2006 from the Secretary of the Islwyn Constituency Labour Party seeking this Council’s support for the retention of the nation’s canals and waterways in public ownership.
 

      
 

     RESOLVED to support the campaign but to express this Council’s disappointment to the Islwyn Constituency Labour Party as to the fact that the letter was in English only.
 

      
 

11   CHANGES TO THE COUNCIL CONSTITUTION
 

 
 

11.1   LAWFUL USE CERTIFICATE
 

      
 

Reported by the Corporate Director (Environment & Technical Services) - That the Council’s Constitution allowed for applications for development under Planning and other Acts to be determined by Officers under Section 3.5.3.15. The Constitution also detailed exemptions which required the submission of certain applications to the Planning and Orders Committee for decision and these exemptions were detailed at 3.5.3.15(5) (i) to (vi) of the Constitution.
 

 
 

Applications submitted under Section 191 and 192 of the Planning Act, collectively known as “Lawful Development Certificates”, were not planning applications and were determined not on the usual planning policy and material considerations but as matters of law and evidence on the facts submitted in support of the application. It had become clear that such applications did not fall within the exemptions referred to above and there was no route to move the decision on certain of these certificates up to the Planning and Orders Committee where applications were made by members, senior officers or officers involved in the planning process or by their close relatives.
 

 
 

The exceptions referred to above were included in the Constitution to ensure transparency in the decision making process. This was especially so where planning applications grant permission based on interpretation of policy rather than on the issue of “fact and degree” based on evidence submitted as in the case of Certificates.
 

      
 

     RESOLVED that in the interest of transparency in the decision making process the exemption detailed at 3.5.3.15(5)(vi) of the report to this Council should also be applied to Lawful Development Certificate applications and that the Constitution be amended accordingly.
 

      
 

     11.2   STANDING ORDERS
 

      
 

Reported by the Solicitor to the Monitoring Officer - That the National Assembly for Wales had made regulations requiring local authorities to incorporate into their standing orders certain provisions set out in the regulations, The Local Authorities (Standing Orders) (Wales) Regulations 2006 was attached as Appendix 1 of the report.
 

 
 

The regulations required a Council to adopt these regulations at its first ordinary meeting immediately after the regulations come into effect on the 3 July. The first Ordinary Meeting of the Council was arranged for 19th September and therefore the Council was obliged to incorporate these provisions at that meeting.
 

 
 

The provisions in the regulations related principally to employment and disciplinary processes, but there were some minor procedural changes as well. Many of these provisions had already been incorporated into the Council’s standing orders, in anticipation of these long awaited regulations so the effect would not be as dramatic. The Constitution already contained at Para 4.10 (page 195) Officer Employment Procedure Rules. It was proposed that these be replaced by the rules which appeared at Appendix 2 to this report, and that those rules be incorporated into the Council’s Constitution.  
 

 
 

In summary the changes were as follows:-
 

(a) The regulations set out rules as to the steps to be taken for the appointment of a chief officer, where outside applications are invited (4.10.2.4 and 4.10.2.5). These are very similar to the Council’s existing rules.
 

 
 

(b) The Appointments Committee (3.4.9), which presently must include at least one Member of the Executive (4.10.3), must not have more than half of its Members as Members of the Executive. 3.4.9 and 4.10.3 are to be changed accordingly.
 

 
 

(c) Discipline or dismissal of Head of Paid Services, S. 151 Officer or Monitoring Officer must follow a process involving a politically balanced investigation committee followed by a report by a designated independent person. The recommendations of the independent person must be considered by the Council in determining the matter. The dismissal of a Head of Paid Service must be approved by the full Council.
 

 
 

Although the Council had already chosen to make appointments itself (or through the Appointments Committee) of Corporate Directors and designated Heads of Service officers, below those, all posts must be  appointed by the Head of Paid Service or an Officer nominated by the Head of Paid Service. These changes would come into effect immediately.
 

 
 

     RESOLVED:-
 

      
 

Ÿ

As this is a statutory requirement that the report be noted;
 

 
 

Ÿ

That the amended Officer Employment Procedure Rules at Para 4.10 of the Constitution be incorporated with immediate effect into the Council Rules of Procedure in the Council’s Constitution.
 

 
 

Ÿ

That the details of the Appointments Committee at 3.4.9 be amended.
 

      
 

12   QUESTIONS RECEIVED PURSUANT TO RULE 4.1.12.4
 

 
 

     12.1     The following questions were put by Councillor P. S. Rogers:-
 

 
 

     1.     Councillor G. W. Roberts, OBE - Leader of the Council: “This question follows my                    previous enquiries regarding your failure to respond to correspondence within an                     acceptable time-scale. My last letter to you was dated 26th July; your                          acknowledgement confirmed that you had received it, when can I, therefore,
 

          expect a reply to the very serious issues I raised therein?”
 

 
 

          The Leader in reply stated:- “When it is completed.”
 

 
 

          The following supplementary question was put by Councillor P. S. Rogers:-
 

           
 

          “Do you think that this portrays the Council in a not very professional manner? You’re                nearly two months down the line and you still haven’t done it.”
 

 
 

          The Leader in reply stated:- “I have answered your question.”
 

 
 

     2.     To Councillor Eifion Jones, Portfolio Holder for Personnel: “Has the Leader of the                     Council, Councillor Gareth Winston Roberts made you aware of the letter I sent to                him on 26th July regarding the inaction of the Personnel Department following the                resignation of the Registrar of Births, Marriages and Deaths, an employee who                     served with this Authority for twenty-two years? Both the Managing Director and her                Line Manager, for reasons unknown, failed to acknowledge her letter of resignation                until I intervened fourteen days before she left her post. If you have been made                     aware, what action have you advised?”
 

 
 

          Councillor Eifion Jones in reply stated:- “I have been made aware of the letter and to                the fact that the Leader is dealing with the matter.”
 

          The following supplementary question was put by Councillor P. S. Rogers:-
 

          “Councillor Jones, you are very well aware of the situation with the termination of this                employment. As Portfolio Holder shouldn’t you have taken action yourself to have                actually made enquiries to find out what had actually happened?”
 

 
 

          Councillor H. E. Jones in reply stated:- “The Leader is dealing with the matter and I                think we should wait with due respect for his answer.”
 

                
 

     3.     To Councillor Gareth Winston Roberts, Leader of the Council: “Following the                     appointment of Mr.Wynne Thomas, as the new Managing Director of Ynys Môn                     County Council, the press release issued by the Council implied that the decision                     was made by the full Council. Was this factually correct?”
 

 
 

          The Leader in reply stated:- “I believe the County Council made the decision and for                those people who have been in Council there’s a tendency to call full County Council                meetings - so I’m happy with that.”
 

 
 

          The following supplementary question was put by Councillor P. S. Rogers:-
 

 
 

          “On the day the new appointment was made, you as Leader of this Authority were                absent. Do you think in hindsight that was a mistake that someone should be left here                without being welcomed by you or a deputy to a very important post within this                     County Council?”
 

 
 

          The Leader in reply stated:- “I have full confidence in the ability of 30 odd Councillors                to choose the person. Therefore, I also believe you then had a vote, where                    everybody voted and that is a tradition of the Council. I know you haven’t been here                long.”
 

 
 

     4.     To Councillor Gareth Winston Roberts, Leader of the Council: “In the interests of                     inclusivity, during the appointment of the eventual new Managing Director, what was                your reasoning in not including the Chairman of the Appointments Panel at the first                meeting and the Leader of Plaid Cymru at the final meeting?”
 

 
 

          The Leader in reply stated:- “I had a meeting with the Leader of Plaid Cymru.”
 

 
 

          The following supplementary question was put by Councillor P. S. Rogers:- “Isn’t it                true that you excluded him because he wouldn’t sign the petition that you got up to                appoint a second man? Isn’t that true? You appeased!”
 

 
 

          The Leader in reply stated:- “With all due respect Councillor Rogers, get the facts.                You didn’t even know the Standing Orders that were changed in 2004. I spoke to the                Leader of Plaid Cymru that day and we discussed it. That’s it. You as Chairman (of                the Appointments Committee), you are not the Leader of any Party here and once                you as a Committee finished the job of recommending three names for the Council,                that’s your job finished.”
 

 
 

     5.     To Councillor Keith Evans, Portfolio Holder for Transport, Highways and Property:                “There have been flooding problems at Ucheldre, Newborough, for nearly ten years.                What was the cost of running tankers from Ucheldre to the roundabout on the Mile                Straight during 2004 and 2005 to alleviate the problem; and what is the budget for                this year?”
 

 
 

          Councillor Keith Evans in reply stated:- “I know that Councillor Rogers as local                     member has taken a keen interest in this matter. I am aware as well that                          correspondence has passed between the member and the Department and the                     member attended a meeting on 20th January this year with relevant officers at my                invitation when a number of matters of interest were discussed in detail. As a                     consequence, officers confirmed those deliberations to the member in question                     shortly afterwards. This particular question relates to the costs incurred because of                the problems at Ucheldre during 2004/05 and asks about a current budget.
 

 
 

          My up to date information is that the Highways Service has thoroughly investigated                the surface water system in that locality and is satisfied that there are no blockages                within the highways system and that it is working to full capacity. Problems were                     identified within the Scottish Power land, the substation nearby, and in recent days as                a result of another site meeting, Scottish Power have given an undertaking to carry                out remedial works as soon as possible. We are awaiting a date. I am told as well,                that the Housing Department acknowledges problems of restrictions within the                     curtilage of their property which adjoins the site and they are alive to the situation.     
 

 
 

          There has also been correspondence with Rhosyr Community Council. Because of                the involvement of three parties, the Highways Department, Housing Department and                Scottish Power, it is virtually impossible to identify specific expenditure although our                considered opinion of the cost of the work in relation to the tankers that the member                referred to last year was £600. Certainly there is no designated budget in the current                estimates.”
 

 
 

          The following supplementary question was put by Councillor P. S. Rogers:-
 

 
 

          “Quite obviously you have taken action in the last few days. I go back to 1996 here                with correspondence from the Members of Parliament. All I can tell you is that there                were four other sites mentioned in that meeting with you and I can assure you that at                the next full Council meeting, I will be asking you exactly the same question hoping                that this again moves things forward. Do you agree that October is a very dangerous                time when we have had flooding for the last two consecutive years?”
 

 
 

     6.     To Councillor Keith Evans, Portfolio Holder for Transport, Highways and Property:
 

          “ I made you and the relevant officers aware of the unlawful removal of fixtures and                fittings from a smallholding in my area upon surrender of the tenancy and requested                the involvement of the police. I understand that some fixtures and fittings were then                returned. Has there been a subsequent prosecution?”
 

 
 

          Councillor Keith Evans in reply stated:- “The Council will recall joining me and officers                at my invitation on a site meeting to this particular smallholding on 13th March, 2006,                when the points made by the member were drawn to our attention and discussed                     fully on that occasion. My officers advise me that the previous tenant who was not in                residence at the time of our visit has been approached with regard to certain missing                items from the smallholding, whereupon the individual stated that those same items                were in place when he vacated. Absent guttering has also been sighted and it is                     reported to me that the dwelling had been without this guttering for some time. The                Department took the view that there was little point in replacing the missing items as                the dwelling and outbuildings were the subject of a public auction and the                     professional advice given was that this situation would not affect the market value.                The police were not informed, ostensibly because of a lack of proof and therefore                     clearly no prosecution has taken place. The property when it finally went underneath                the auctioneer’s hammer in June this year realised an amount that was substantially                more than had been anticipated and was a sum of £70,000 more than had been                      hoped for, which suggested that any missing items were in fact an irrelevance.”
 

 
 

          The following supplementary question was put by Councillor P. S. Rogers:-
 

 
 

          “Would you Councillor Evans, be familiar with the Farm Business Tenancy which is                30 odd pages. Why wasn’t that implemented when the tenancy was given up. Why                wasn’t an inventory taken to check on these things? You agreed with me at that time                it was as though that tenant had done a moonlight flit when in fact he had gone to                     another tenancy. Don’t you agree that this Council has got to start setting examples                of its holdings and to bring them up to speed and to make sure the business tenancy                is adhered to?”
 

 
 

          Councillor K. Evans in reply:- “There are in every case a tenancy agreement between                the Council and a smallholdings holder and as can be best applied, the conditions of                those tenancies are in fact fulfilled all the way through the tenancy period. When a                tenancy is surrendered the officers visit the site, check the situation, and to their                     satisfaction agree that the tenancy shall be given up.”
 

 
 

     7.     To Councillor Hefin Thomas, Portfolio Holder for Planning: “Councillor John Arthur                Jones, following his resignation as Vice-Chairman of Planning, stated publicly that                Members of the Planning Committee were acting on personal rather than planning                issues. What action have you taken, or do you propose to take, to investigate and                discipline those Members concerned?”
 

 
 

          Councillor Hefin Thomas in reply stated:- “Planning applications are determined in                accordance with planning policies and take into consideration material                          considerations, i.e land use. In John Arthur Jones’ resignation he states “whilst I                     accept that the decisions are taken democratically, I feel there are glaring                     inconsistencies in the way many applications are being treated with what appears to                be personal issues and other irrelevant matters being given too much emphasis.”
 

          I have voiced my concerns regarding the performance of the Planning and Orders                Committee, a concern also held by the Chair and Vice-Chair. The Council’s                     Auditors PWC are at present looking into this matter on our request and we are                     expecting a report next month.”
 

 
 

          The following supplementary question was put by Councillor P. S. Rogers:-
 

 
 

          “Isn’t it true that previously in the case where Councillor Roberts Hughes was taken                to the Standards Committee, that you were the main witness for the developer John                Wood in bringing those charges that were laid against him for not declaring an                     interest when he voted with the officer’s recommendation and shouldn’t you be taking                the same stance against John Arthur Jones?”
 

 
 

          Chairperson:- “I think you are out of order there.”
 

 
 

          Designated Head of Paid Services:- “The question must arise from the answer given.                There is no relationship as far as I can see between the original answer given and                the supplementary question that was asked. So I must say that the supplementary                question is out of order.”
 

 
 

          Councillor Hefin Thomas insisted on giving the following reply:- “As usual Councillor                Rogers can’t stick to the point and he is unable to draw the right conclusions, he                     always looks at one side. Now that you’ve asked I’ll give you a few instances. There                are members who regularly vote with officers and there are some who vote against                officers. But being a reasonable and responsible person I wait first for the Auditor’s                report before taking any action because I feel that would only be right and proper.
 

          I feel that is the proper way, not to hold a personal vendetta against fellow members.                If you want the names of the main perpetrators, I’ve got them here Councillor Rogers                and I’ll gladly give you the top three worst ones and top three better ones. In fact I will                give them to you.”
 

 
 

          Chairperson:- “No, I think we are out of order here.”
 

 
 

     8.     To Councillor Gareth Winston Roberts, Leader of the Council: “Through much                     detailed research and fact-finding under the Freedom of Information Act,                          ex-Community Councillor Barrie Durkin has destroyed the credibility of the                     Chairman of the Development, Infrastructure and Resources Policy Overview                     Committee, who even uses designatory letters after his name, to which he is                     apparently not entitled. Is he, therefore, a fit person to Chair the Overview                     Committee?”
 

 
 

          The Leader in reply stated:- “Yes”
 

          The following supplementary question was put by Councillor P. S. Rogers:-
 

          “Thank you for that very quick answer. I’m afraid that when someone uses                     designatory letters that he’s not entitled to, it does certainly give a bad impression,                and certainly to this Council I think it is an absolute disgrace that you can give that                reply. That’s your opinion and as Leader you’re setting the examples. Thank you very                much.”
 

 
 

          The Leader in reply stated:- “I’m grateful for what you’ve just said. I hope its the right                information which you’ve just said because its on tape. Thank you.”
 

 
 

     12.2     The following question was put by Councillor W. I. Hughes on behalf of Grwp Plaid                Cymru to the Leader of      the Council:-
 

 
 

          "In view of the fact that letters have been received by Members of the County Council                and also the public regarding Councillors David Lewis-Roberts and W. Tecwyn                     Roberts, we ask what measures the Leader and the Monitoring Officer are taking in                relation thereof?"
 

 
 

          The Leader in reply stated:- “Can I thank you for the question. It’s been a hard                     afternoon with difficult questions. Naturally we have read these letters and we want to                know whether they are correct or not, that’s what’s important. You’ve also had a                     written answer from the Council Solicitor, am I right?”
 

 
 

          The following supplementary question was put by Councillor W. I. Hughes:-
 

          “Mr. Chairman, I have had a letter from the Monitoring Officer, which goes against                what you told us earlier. You said that when you want to ask a question you need to                send a letter in to the Head of Paid Service. Well, according to this we can’t do that.                This procedure is not there to present questions to officers.”
 

 
 

          Chairperson:- “There’s a misunderstanding here. I’ll ask the Monitoring Officer to                     respond.”
 

 
 

          Monitoring Officer:- “I’m sorry that my letter has caused you such consternation. It                was sent with the intention of trying to be helpful. The letter actually refers                     you to the Question on Notice procedure in the Constitution. What it says is that the                questions may be put on notice on any matter to a list of individual politicians. What                my letter says to you is that the questions on notice procedure is restricted to                     Councillors undertaking specific roles and responsibilities. The procedure is not                     available to address questions to officers. I then went on to answer your questions as                I saw fit under the Freedom of Information Act, so I have endeavoured to be helpful.                The point I was making was that questions and answers are to be put to politicians,                not officers, that was my only point and I’m quite happy to circulate a copy of my reply                to all the other Councillors. I’ve given copies to the Clerk. I hope that’s satisfactory.”
 

 
 

          Councillor P. M. Fowlie:- “Thank you Mr. Chairman. Can I take you back to May 2005                to the first meeting of the Planning and Orders Committee after the Annual Meeting.                Six members of that Committee walked out of that meeting because we didn’t believe                that the political balance was correct. Unfortunately, it has taken a year and a half for                that to come around to haunt us again as members, and the programme that was on                the television last night was a shame to us all, it wasn’t nice to watch at all and it                     hasn’t been nice today with members of the public having seen it asking what’s going                on.
 

 
 

          So I would like to be recorded that I’m reminding you of the 6 members that walked                out because the vote would be likely to be 8-6, as it was on the day to choose the                Chair and Vice-Chair, and we have shown respect to them after that, but we did walk                out because we were not happy, and I hope the Leader has taken note of the                     comments made by Councillor Bob Parry with the Panel. There is one Group and                     fortunately or unfortunately, Mr. Chairman, you are a member of it. There are only 4                within that Group and 3 of them are members of the Planning Panel. Will you please                make a      note of what I have said.”
 

 
 

          Chairperson:- “We will, even though it is not on the Agenda.”
 

 
 

          Leader of the Council:- “Mr. Chair, I think that statement needs to be answered                     today. Can I thank you for the statement but from my viewpoint, as Leader of this                     Council, I am here to see facts. We have a report in front of us in a few moments                     which proves that it is easy to point a finger at places that aren’t correct. We have                seen that being repeated today. So once things have been finally cleared, I will make                a decision.”      
 

 
 

          The following supplementary question was put by Councillor W. I. Hughes:-
 

          “I’m glad to understand that the Leader and the Monitoring Officer are looking into                these letters that are being distributed and hopefully in the near future we will get                     some type of response, some leadership in the Council. If these accusations are                     incorrect, something should be done about them quite soon for the benefit of the                     Council.”
 

 
 

          The Leader in reply stated:- “Can I thank you for being respectful and also wise as to                how to handle the situation. It’s playing games in the Chamber that’s killing the                     Council. Can I definitely inform you that you will quite soon receive the results of my                inquiry into these letters - It’s important for the County Council. Friends, take care and                look at your own situation first, because I did stop one Councillor asking questions.                Why? Because he had abused the previous advice. When things are clear I have no                problem in making a decision. You know I’m a weak person, you      all know that.”
 

 
 

13   DELEGATIONS BY THE LEADER
 

 
 

     Submitted - A report by the Managing Director setting out any changes to the scheme of delegation relating to Executive functions made by the Leader since the last ordinary meeting (Rule 4.14.1.4) of the Executive Procedure Rules - Page 131 of the Constitution refers.
 

      
 

     Councillor E.G.Davies enquired as to the latest position with regard to the resurrection of the former Smallholdings Panel as a means of safeguarding the Council’s assets?
 

      
 

     The Leader in reply stated that he required further discussion with officers to see if such a need existed or whether to leave things as at present with the Portfolio Holder. He promised to look at this.
 

      
 

     RESOLVED
 

      
 

Ÿ

To note the information contained within the report.
 

 
 

Ÿ

That with regard to the second delegation in respect of a smallholding tenancy, to note that the reference under the English version should read Brynsannan, Llantrisant and not Chwaen Newydd Farm, Llantrisant.
 

 
 

14   EXCLUSION OF PRESS AND PUBLIC (See Below)
 

      
 

15   CONSIDERATION OF THE AUDITOR’S STATEMENT OF REASON ISSUED ON 26TH MAY,            2006
 

 
 

     Submitted - A letter from the Wales Audit Office dated 22 May, 2006, with regard to an objection received in respect of the Isle of Anglesey County Council’s Accounts for 2000/2001.
 

      
 

     Following reconsideration as part of an objection to the Council’s accounts for 2000/2001, the Appointed Auditor had decided not to uphold the objection in question, for the reasons set out in this report as presented to the Council on this day.
 

      
 

     Discussions took place regarding if the above matter should be discussed in private.
 

      
 

     The Monitoring Officer referred to her correspondence dated 11 September, 2006, to all members which included reference to certain matters that may fall within Paragraph 12 of the exempt information rules which are matters that could be prejudicial to the Council.  The Monitoring Officer recommended that the matter firstly should be conducted in private, but depending on what the meeting decides, she would then advise that discussions be conducted in public and that the legal advice that she had given on the 11 September be also made public.  
 

      
 

     The Monitoring Officer reported that she advised at the meeting of the County Council on 11 August that a number of Councillors should withdraw from discussions in respect of this matter as their objectivity may be questioned.  The members in question declared an interest and left the meeting.  
 

      
 

     The Designated Head of Paid Service emphasised that the Council should consider carefully the legal advice given by the Officers.  Following consideration it was decided to exclude the press and public from the meeting by 19 to 11 votes.  
 

      
 

     Resolved that "Under Section 100(A)(4) of the Local Government Act, 1972, to exclude the press and public from the meeting for the following item on the grounds that it may involve the likely disclosure of exempt information as defined in Paragraphs 7, 11 and 12 of Part 1 of Schedule 12A of the said Act."
 

      
 

     The Monitoring Officer gave legal advice to the County Council and noted that the Council should be very wary of taking any decision which may incur further expenditure in respect of this matter.  
 

      
 

     The Leader of the Council noted that he welcomed the report but consideration should be given to the Stanley Crescent issue. He considered that the matter should be discussed firstly between the Leaders of all the Political Groups with a view to reporting back to an extraordinary meeting of the County Council on 24th October, 2006.
 

      
 

     It was RESOLVED to invite the press and public to hear the following recommendation of the County Council:-
 

      
 

     RESOLVED
 

      
 

15.1     To accept the report and the legal opinion of the Monitoring Officer .
 

      
 

15.2     That arrangements be made for the Leaders of the Political Groups to meet with the relevant Officers to discuss the Stanley Crescent issue with a view to submitting a report to an Extraordinary Meeting of the County Council to be held on 24 October, 2006.
 

      
 

The meeting concluded at 4.45pm
 

 
 

COUNCILLOR JOHN ROWLANDS
 

CHAIRPERSON