Agenda, decisions and minutes

Purpose:       To receive any Declarations and advise Members accordingly.

The Chief Officer (Governance) advised that all Members had a personal interest in agenda item number 11 – Schedule of Remuneration 2017-18. 

The Chief Officer (Governance) advised that all Members had a personal interest in agenda item number 11 – Schedule of Remuneration 2017-18. 

Mr Curtis, as outgoing Chair, welcomed all new and returning Members to the meeting. He presented his review of the year and highlighted the achievements of the Council, in particular the opening of Holywell High School and the number of new Council houses that had been built.  He thanked his consort for her support and the Vice-Chair, Councillor Brian Lloyd, for his support.  He also thanked Reverend Roberto Ciardo who had been his chaplain. 

            He and his consort had met wonderful people from within the County and also from attending Chair’s charity functions at neighbouring authorities. 

            In closing, he thanked the Chief Officer team and all of the Council’s employees who delivered the Council services and also for supporting him in raising £8,000 for his chosen charities.

            Councillor Aaron Shotton thanked Mr Curtis for the work undertaken in his role as Chair of the Council which had seen him as a good ambassador for the County.  His work had been carried out with good grace and humour and he would be missed by colleagues.  He wished Mr Curtis and his wife Jenny the best of luck for the future.

            Councillor Palmer, on behalf of Holywell Town Council, wished Mr and Mrs Curtis a wonderful retirement.

            Councillor Peers congratulated Mr Curtis in what was his second term of office as Chair of the Council.  He commended him on his fairness during meetings and the equality of treatment at all times and wished him well in his retirement. 

That Councillor Brian Lloyd be elected Chairman of the Council for the municipal year 2017/18.

Councillor Lloyd was invested with the Chain of Office by the retiring Chairman and signed his Declaration of Acceptance of Office in the presence of the Chief Executive.

It was proposed by Councillor Ray Hughes and seconded by Councillor Aaron Shotton that Councillor Brian Lloyd be elected Chairman of the Council for the municipal year 2017/18. 

RESOLVED:

That Councillor Brian Lloyd be elected Chairman of the Council for the municipal year 2017/18.

Councillor Lloyd was invested with the Chain of Office by the retiring Chairman and signed his Declaration of Acceptance of Office in the presence of the Chief Executive.

(At this point Councillor Lloyd chaired the remainder of the meeting.)

The Chairman then presented Mr Peter Curtis with his retiring Chairman’s Badge of Office and his Consort Mrs Jenny Curtis with her retiring Badge of Office. 

The Chairman responded and thanked Members for their support in electing him as Chairman for the year ahead. 

That Councillor Paul Cunningham be appointed as Vice-Chairman of the Council for the municipal year 2017/18.

Councillor Cunningham was invested with the Chain of Office by the Chairman and signed the Declaration of Acceptance of Office in the presence of the Chief Executive.

It was proposed by Councillor Ian Roberts and seconded by Councillor Aaron Shotton that Councillor Paul Cunningham be appointed Vice-Chairman for the municipal year 2017/18. 

RESOLVED:

That Councillor Paul Cunningham be appointed as Vice-Chairman of the Council for the municipal year 2017/18.

Councillor Cunningham was invested with the Chain of Office by the Chairman and signed the Declaration of Acceptance of Office in the presence of the Chief Executive.

That Councillor Aaron Shotton be appointed Leader of the Council for the municipal year 2017/18.

It was proposed by Councillor Tony Sharps and seconded by Councillor Ray Hughes that Councillor Aaron Shotton be appointed Leader of the Council for the municipal year 2017/18.

            Councillor Sharps spoke in support of his proposal and said that he was confident that Councillor Shotton would provide the leadership needed for a stable Council in the best interests of the residents of Flintshire.  Whilst supporting Councillor Shotton he added that the Independent Members would remain independent of group control.   

            Councillor Sharps raised a concern on the response time to Councillors by some departments.  The Chief Executive said this had been raised with him and a set of standards that would be required to be met was being created.

RESOLVED:

That Councillor Aaron Shotton be appointed Leader of the Council for the municipal year 2017/18.

That the choice of Councillors to serve on the Cabinet and their portfolios detailed below, be noted.

Councillor Aaron Shotton thanked Members for their support in appointing him as Leader of the Council for the next 12 months which was an honour.  He commented on the challenges ahead and also the united support that had been seen across the Chamber in recent years for the good of Flintshire residents and services and he hoped that would continue. 

In accordance with the Constitution, Councillor Aaron Shotton referred to his choice of Councillors who would serve on the Cabinet. 

RESOLVED:

That the choice of Councillors to serve on the Cabinet and their portfolios detailed below, be noted.

That the report be noted.

The Chief Executive, as the Returning Officer, congratulated all Members on their election to the Council.  He presented the report on the County Council Elections which had taken place on 4^th May 2017. 

The report confirmed that the local elections were conducted in accordance with elections law, guidance and common practice, and to the performance standards set for the Returning Officers, and provided details of the election results and the political composition of the Council. 

He thanked the Deputy Returning Officer, the Elections Team, candidates, agents and party activists for their involvement in the election and he commented on the increasing difficulty in the process due to the growth in social media.

He also thanked new and returning members for the involvement in the induction sessions.

Councillor Peers and Paul Shotton thanked the Elections Team for their help during the election and also to the Returning Officer, Deputy Returning Officer, polling station staff and count staff.

Councillor Peers commented on the distasteful and derogatory comments of the First Minister prior to the election on Independent candidates.  He had written to the First Minister seeking an apology but had not received one to date.

Councillor Carolyn Thomas said there was an error in the appendix to the report as she had stood as a Labour candidate.  The Chief Executive apologised for this.

RESOLVED:

That the report be noted.

 (A)      Appointment of Committees

(a)       That the Constituion Committee be incorporated into the Democratic Services Committee, and that Full Council review, make or revoke by-laws;

(b)       That the Committees as outlined in section 1.04 of the report be appointed; and

(c)        That the Constitution be amended to reflect the committees appointed.

(B)       Determination of the size of Committees

That the size of each Committee be as set out in paragraph 1.06 of the report, noting the restrictions that must now apply to the membership of the Planning Committee.

(C)       Terms of Reference of Committees and Pension Delegations

That the terms of reference for each committee in Part 2 of the Constitution be approved (noting the changes in respect of the Constitution and Democratic Services Committees).

(D)       Political Balance

(a)       That (1) the Constitution be amended to show that no substitutes are permitted on the Planning Committee and that the quorum shall be 50%; and (2) that the Constitution be amended so that in the event of 2 Members, from a multiple Member ward being nominated to the Planning Committee, then the seat will be allocated

·         In the first instance by agreement between the 2 respective group leaders;

·         In the event that agreement is not possible, to the first nomination to be received by the Proper Officer; and

·         That the required level of training of 75% for a Member to sit on the Planning Committee had been achieved.

(b)       That the seats be allocated in accordance with political balances (and the rules on membership of the Planning Committee)

(E)       Appointment of Chairs of Standing Committees

(a)       That the Chair of the following Committees be appointed (noting any restrictions on eligibility):

• Clwyd Pension Fund Committee – Councillor Dave Hughes
• Licensing Committee – Councillor Sharps
• Planning and Development Control Committee – Councillor Wisinger

(b)       That the following groups Chair the Overview and Scrutiny Committees as outlined:

            Community and Enterprise                        -           Labour Group

            Education and Youth                      -           Labour Group

            Corporate Resources                      -           Conservative Group

            Environment                                     -           New Independents Group

            Organisational Change                  -           Independent Alliance Group

            Social & Health Care                      -           Independent Group

(F)       Local Choice Issues

That the existing Local Choice Issues as detailed in the report be confirmed.

(G)       Nomination to Internal Bodies

That the make-up of the Appointments Committee be approved.

(H)       Standards Committee

(a)       That the following three Members be appointed to the Standards Committee:-

• Councillors: Heesom, Paul Johnson, and Woolley

(b)       that town and community councils be consulted on the reappointment of the town and community council representative, in that the current representative continue in office until such time as he was reappointed or a new appointment was made.

The Council considered the report of the Chief Officer (Governance) which dealt with matters that required decision at the Annual Meeting of the County Council in accordance with Council Procedure Rule 1.1 (vii) – (xiv).  The report was split into sections, each one dealing with one decision that needed to be made and the relevant issues for consideration.  Each section was considered and voted on in turn.

            In addition, Council also considered the appointment of a new lay member to the Audit Committee which was outlined in a separate report, and also approved the process for selecting a town and community representative on the Standards Committee.  There was also a number of changes to be made in how the Planning Committee would operate to ensure compliance with legislation which came into force on 5^th May 2017.

(A)       Appointment of Committees

            The Chief Officer (Governance) explained that the Constitution provided for the appointment of the following: Audit Committee; Clwyd Pension Fund Committee; Constitution Committee; Democratic Services Committee; Joint Governance Committee (for Pensions); Licensing Committee; Planning and Development Control Committee; Standards Committee and six Overview and Scrutiny Committees. 

            The Constitution Committee and Democratic Services Committee had very similar roles.  At the last meeting of the Constitution Committee there was a request for the two committees to be combined.  The statutory remit was considered sufficiently broad to encompass the role fulfilled by the Constitution Committee so it was therefore recommended to incorporate the Constitution Committee into the Democratic Services Committee.

            Councillor Aaron Shotton moved approval of the recommendations as outlined in the report which were seconded by Councillor Attridge.

RESOLVED:

(a)       That the Constituion Committee be incorporated into the Democratic Services Committee, and that Full Council review, make or revoke by-laws;

(b)       That the Committees as outlined in section 1.04 of the report be appointed; and

(c)        That the Constitution be amended to reflect the committees appointed.

(B)       Determination of the size of Committees

            The Chief Officer (Governance) explained that the size of each committee must be decided at the Annual Meeting.  Details of the provision for the size of the Committees were outlined in the report.

The Size and Composition of Local Planning Authority Committees (Wales) Regulations 2017 were made on 21^st March and came into force on 5^th May 2017.  They required that the Planning Committee should be between 11 and 21 Members in size and no larger than 50% of the total membership of the Council.  The proposed size of the Committee met those requirements.

Councillor Aaron Shotton moved approval of the recommendations as outlined in the report which was seconded by Councillor Attridge.

RESOLVED: 

That the size of each Committee be as set out in paragraph 1.06 of the report, noting the restrictions that must now apply to the membership of the Planning Committee.

(C)       Terms of Reference of Committees and Pension Delegations

            The Chief Officer Governance explained that the Annual Meeting was required to decide the terms of reference of the committees that it appointed.  ...  view the full minutes text for item 8.

(a)       That the Council notes the current Outside Bodies list;

(b)       That all nominations shall run until May 2022 unless the nominated Member resigns from that Outside Body; and

(c)        That the Chief Executive, in consultation with the Group Leaders, be authorised to make nominations to Outside Bodies on behalf of the Council.

The Democratic Services Manager introduced the report on Outside Bodies to which the Council made appointments, together with nominees and their respective terms of office.  Following the recent County Council elections all of the nominations required consideration. 

At each Annual Meeting a recommendation was made to delegate to the Chief Executive, in consultation with the political Group Leaders, the ability to make nominations to the bodies.  Delegation was now required to make the initial nomination and also during the course of 2017/18 municipal year which would ensure that any changes could be dealt with efficiently.

            All nominations made were intended to run for the life of the Council, to May 2022.

            In response to a question from Councillor Hutchinson, the Chief Officer (Governance) explained that all members ceased to be a representative on outside bodies prior to the election and that new nominations were being sought.

            Following a question from Councillor Phillips, the Chief Executive explained that Conwy County Borough Council were in the process of determining the numbers to be allocated to each Council for representative on the Police and Crime Panel.

RESOLVED:

(a)       That the Council notes the current Outside Bodies list;

(b)       That all nominations shall run until May 2022 unless the nominated Member resigns from that Outside Body; and

(c)        That the Chief Executive, in consultation with the Group Leaders, be authorised to make nominations to Outside Bodies on behalf of the Council.

(a)       That Cabinet Members receive Level 1, which is inclusive of basic salary;

(b)       That Committee Chairs be paid at the senior salary of Level 1, which is inclusive of basic salary;

(c)        That the Chair of Council be paid at Level 2, which is inclusive of basic salary; and

(d)       That the Vice-Chair of the Council be paid at Level 2, which is inclusive of basic salary.

The Democratic Services Manager introduced the Schedule of Remuneration report.  He explained that each year the Independent Remuneration Panel for Wales (IRPW) determined the rates of payment which were to be made to elected and co-opted Members of Welsh local authorities for the following municipal year.  Consultation on the proposals was carried out the previous autumn with the final report being published in February 2017 which set the levels of payment for Members for 2017/18.

            Payment levels must be set for the Chair and Vice-Chair of the Council, Cabinet Members and Committee Chairs.  The Council must also publish a schedule showing who received what level of payment.  Therefore, a further report would be presented to County Council on 20^th June once all appointments to senior salary posts had been made.  It was confirmed that all such posts were inclusive of the £13,400 basic salary.

            Councillor Aaron Shotton moved that the status quo remain for Cabinet Members, Committee Chairs, the Chair of Council and the Vice Chair of Council which was seconded by Councillor Attridge.

            Councillor Chris Dolphin moved an amendment that the lowest payment be agreed for all of the positions which received a payment which was seconded by Councillor Owen Thomas.  On being put to the vote this was lost.

            The substantive motion as moved by Councillor Shotton was put to the vote and carried.

            RESOLVED:

(a)       That Cabinet Members receive Level 1, which is inclusive of basic salary;

(b)       That Committee Chairs be paid at the senior salary of Level 1, which is inclusive of basic salary;

(c)        That the Chair of Council be paid at Level 2, which is inclusive of basic salary; and

(d)       That the Vice-Chair of the Council be paid at Level 2, which is inclusive of basic salary.

That the Council agree the appointment of the preferred candidate, Sally Ellis, as lay member to the Audit Committee, serving a term of 5 years.

The Chief Officer (Governance) introduced the report on the appointment of a lay member to the Audit Committee.  The Local Government (Wales) Measure 2011 required that the County Council appoint lay members up to one third of the membership of the Audit Committee.  On 14^th February 2014 County Council resolved to appoint the statutory minimum of one lay member.

            Following advertisement of the post interviews took place on 8^th May and Sally Ellis was recommended for appointment.  A pen portrait of Sally Ellis was attached as an appendix to the report.

RESOLVED:

That the Council agree the appointment of the preferred candidate, Sally Ellis, as lay member to the Audit Committee, serving a term of 5 years.

(a)       That the draft schedule of meetings for 2017/18 be approved for the time being; and

(b)       That the Democratic Services Manager shall survey Member preferences for when meetings are held.  This will be after the August recess with a view to a report analysing the results being made to the Constitution Committee in October.

The Chief Officer (Governance) introduced the report on the schedule of meetings for 2017/18. 

In March 2016 Councillors were asked for the preference on meeting start times with the majority favouring day time.  However, it was recognised that the new Council should make its own decision on when meetings should be held and a further survey was recommended.  However, in terms of business planning the Council needed to be able to plan for the whole year therefore the draft scheduled showed morning and afternoon meetings was before Members for consideration.

RESOLVED:

(a)       That the draft schedule of meetings for 2017/18 be approved for the time being; and

(b)       That the Democratic Services Manager shall survey Member preferences for when meetings are held.  This will be after the August recess with a view to a report analysing the results being made to the Constitution Committee in October.

There was one member of the press and 12 members of the public.in attendance.