Agenda, decisions and minutes

The Chairman welcomed Councillor Sara Parker, the newly elected Member for New Brighton, to her first Council meeting.  He also welcomed the Council apprentices who were present to observe the meeting.

The Chief Executive advised that the webcast of the previous meeting - the first to be made available on the website - had been accessed by almost 300 viewers.

Purpose:       To receive any Declarations and advise Members accordingly.

Personal interest declared by Councillor Bernie Attridge on Agenda Item 11 ‘Proposed Alterations to the Local Resolution Procedure’.  Personal and prejudicial interest declared by Councillor Sharon Williams on Agenda Item 7 ‘Notice of Motion’.

Councillor Bernie Attridge declared a personal interest on Agenda Item 11 ‘Proposed Alterations to the Local Resolution Procedure’.

Councillor Sharon Williams declared a personal and prejudicial interest on Agenda Item 7 ‘Notice of Motion’ relating to attendance at meetings and advised that she would leave the room for the debate.

Purpose:       To receive the communications as circulated.

The Chairman referred to his communications which had been circulated to all Members before the meeting, adding that he had also attended the official opening of Ysgol T? Ffynnon in Shotton.

Purpose:       To receive any Petitions.

None.

The Chief Officer (Governance) confirmed that none had been received.

Purpose:       To receive any Public Questions.

Mr John Yorke

Planning Applications refused by this Council’s Planning and Development Committee against the recommendations of officers, often result in appeals by the applicant to the Welsh Planning Inspectorate.  If the applicant chooses the written representation appeal process, this Council’s officers make no submission in support of members’ refusal, and simply submit as evidence their original committee report of recommendation.

For appeals via the informal hearing or public inquiry process, the Council’s officers submit a formal report of objection, sometimes prepared by external consultants.  Are the Cabinet, Executive and the Council’s elected members aware of this seemingly unfair disparity when the written process is utilised by an applicant.  Are they knowledgeable of, and in agreement with the officers’ actions when dealing with a written representation appeal, or do they agree there is a need to resolve that uniform professional protection is afforded to their electorate, regardless of appeal route chosen by the applicant.

That a written response be provided to Mr. Yorke on his supplementary question.

Mr. John Yorke was invited to read out his question which had been included on the agenda.

“Planning Applications refused by this Council’s Planning and Development Committee against the recommendations of officers, often result in appeals by the applicant to the Welsh Planning Inspectorate.  If the applicant chooses the written representation appeal process, this Council’s officers make no submission in support of members’ refusal, and simply submit as evidence their original committee report of recommendation.

For appeals via the informal hearing or public inquiry process, the Council’s officers submit a formal report of objection, sometimes prepared by external consultants.  Are the Cabinet, Executive and the Council’s elected members aware of this seemingly unfair disparity when the written process is utilised by an applicant.  Are they knowledgeable of, and in agreement with the officers’ actions when dealing with a written representation appeal, or do they agree there is a need to resolve that uniform professional protection is afforded to their electorate, regardless of appeal route chosen by the applicant.”

As the Cabinet Member for Environment, Councillor Bernie Attridge provided a response which clarified the appeal process.

When asked if he wished to ask a supplementary question, Mr. Yorke questioned why the response was contradictory to the content of an email from the Chief Officer dated 13 November 2015.  Councillor Attridge agreed to respond in writing to Mr. Yorke once he had had the opportunity to read the email.

RESOLVED:

That a written response be provided to Mr. Yorke on his supplementary question.

Purpose:       To note the answers to any questions submitted in accordance with County Council Standing Order No. 9.4(A).

Councillor Tony Sharps was invited to read out his question which had been circulated to Members before the meeting, together with the response from the Cabinet Member for Environment.

“Could the Deputy Leader give a detailed explanation to council following his investigation as to why treatment works were not carried out on the evening of Monday, 11th January, 2016  -  the morning of Tuesday, 12th January, 2016.

According to local press reports, over 60 vehicles were involved in accidents including a coach of Flintshire students taking them to college.  Weather forecasters informed all North Wales that poor weather was on the way with wind, rain and frost.

For reasons only known to management, the gritters of Flintshire County Council failed to turn out.  I should like to point out there was no shortage of grit or salt.”

Councillor Bernie Attridge drew attention to his detailed written response, which would also be made available alongside the agenda papers on the Council’s website.  Councillor Sharps indicated that he had no supplementary questions.

Purpose:       To consider the following Notices of Motion.

Councillor Aaron Shotton

Flintshire County Council notes:

·         The UK Government has set out plans in its Trade Union Bill that specifically impact on Local Authorities and our relationships with our employees and trade unions.

·         The UK Government intends to grant ministers the power to cut so - called "facilities time" in the public sector. This is paid time-off, mutually agreed between employers and unions, for union reps to represent their members and negotiate with their employer.

·         The UK Government also proposes to prohibit public sector employers assisting unions to collect their membership subscriptions through payroll (check-off) – even though this is used for a variety of other staff benefits such as cycle-to-work schemes and childcare vouchers, and even though unions often meet the costs of this.

Flintshire County Council believes:

·         All workers should have the right to belong to, and be active in, an effective trade union.

·         Trade unions play an essential role in ensuring good industrial relations.

·         The facilitation of trade union representatives to carry out their roles and duties, and the collection of union dues by “check-off” are useful tools in ensuring good industrial relations.

Flintshire County Council resolves:

Immediately to support the Union’s efforts to move members onto direct debit subscriptions, through:

·         Allowing union officials access to workers.

·         Allowing additional facility time to Union representatives to visit their members to achieve this aim.

·         Allows the distribution of union material through our email, intranet, payslips, internal mail and other communication systems.

Councillor Tim Newhouse

Council notes the provisions of the Local Government Act 1972 section 85 and resolves that attendance by a member at a meeting of any committee or sub-committee of the Council as defined in section 85 (2) of the Act requires the attendance to be as a member of the committee, sub-committee or as appropriate or a substitute for a member. The fact of being a County Councillor and in attendance at such a meeting as an observer is not interpreted as attending as a member for this purpose, and that this is established as a convention in place of that approved by the Constitution Committee on 27 January.

(a)       That the Notice of Motion on Trade Unions be supported; and

(b)       That the Notice of Motion on Member attendance at meetings be rejected.

(i) The following Notice of Motion was received from Councillor Aaron Shotton

“Flintshire County Council notes:

·           The UK Government has set out plans in its Trade Union Bill that specifically impact on Local Authorities and our relationships with our employees and trade unions.

·           The UK Government intends to grant ministers the power to cut so - called "facilities time" in the public sector. This is paid time-off, mutually agreed between employers and unions, for union reps to represent their members and negotiate with their employer.

·           The UK Government also proposes to prohibit public sector employers assisting unions to collect their membership subscriptions through payroll (check-off) - even though this is used for a variety of other staff benefits such as cycle-to-work schemes and childcare vouchers, and even though unions often meet the costs of this.

Flintshire County Council believes:

·           All workers should have the right to belong to, and be active in, an effective trade union.

·           Trade unions play an essential role in ensuring good industrial relations.

·           The facilitation of trade union representatives to carry out their roles and duties, and the collection of union dues by “check-off” are useful tools in ensuring good industrial relations.

Flintshire County Council resolves: Immediately to support the Union’s efforts to move members onto direct debit subscriptions, through:

·           Allowing union officials access to workers.

·           Allowing additional facility time to Union representatives to visit their members to achieve this aim.

·           Allows the distribution of union material through our email, intranet, payslips, internal mail and other communication systems.”

Councillor Shotton spoke about increasing opposition to the UK Government’s proposed Trade Union Bill and described this as a threat to democracy across the country, paying tribute to the campaigning efforts of Unite, Unison Cymru and Welsh TUC amongst others.  He explained that his Motion sought to address this by allowing Trade Union colleagues to continue to operate in a free and fair manner in organising and recruiting Trade Union members.  He cited the significant work undertaken with Trade Unions on implementing the Single Status Agreement, adding that that it was in the interests of the employer to recognise the benefits of allowing Trade Unions to recruit and access members, and to enable employees to express their views.  The Motion was seconded by Councillor Bernie Attridge.

In support of the Motion, Councillors David Healey, Ian Dunbar and Paul Shotton highlighted the importance of having a mechanism for negotiation on industrial relations as recognised in the local steel industry, the negative impact of the Trade Union bill on local authorities and the need to protect good working conditions and relationships with Trade Unions for the benefit of local government workers.

Whilst Councillor Alison Halford praised the work of Trade Unions, she felt unable to make a decision until information was shared on facilities time allocated to Trade Union representatives to fulfil their roles, including that on Single Status, as this was not currently made available.  She also felt it was important to seek the views  ...  view the full minutes text for item 103.

(a)       That the 2016-17 Council Tax be set as detailed in Appendix 1 to the report;

(b)       That no discount in the level of Council Tax charges for second homes and long term empty homes be offered; and

(c)       That designated officers issue legal proceedings and appear on behalf of the Council in the Magistrates’ Court for unpaid taxes.

The Revenues Manager presented the report to formally set the Council Tax for 2016/17 by the statutory deadline.  The Council Tax resolution included precepts relating to the County Council, Police & Crime Commissioner for North Wales and all Town/Community Councils.  The Council Tax charges/levels detailed in the report had been approved as part of the final budget proposals on 16 February 2016 with the proposed 4.5% increase in County Council precept equating to £1,071.41 per year on Band ‘D’ properties.  The report also sought agreement to offer no discount in the level of Council Tax charges for second homes and long term empty homes (linked to the next agenda item) and to allow designated officers, including the Revenues Manager and his team, to institute legal proceedings and appear in Court on the Council’s behalf in respect of unpaid taxes.

Councillor Mike Peers sought information on the £15,069,691 precept paid by the Council to the P&CC along with any impact on staff in collecting the amount.  The Revenues Manager explained that this figure was the total premium levied for 2016/17 and equated to a £240.12 charge for each Band ‘D’ property.  This was an increase of £4.68 or 1.99% from the previous year.

The Chief Executive referred to debate at the Corporate Resources Overview & Scrutiny Committee where it was clarified that the costs of the Police & Crime Commissioner and his office were funded by the Home Office and that the Council’s contribution was for the North Wales Police force.  Whilst the Council had no direct role in challenging the precept amount beyond the Police & Crime Panel, concerns had been raised on the previously predicted increase in the precept.  The final precept was lower than predicted.  It was also clarified that the Council was unable to recover administrative costs for the collection of the precept.

As Chair of the Police & Crime Panel, Councillor Glenys Diskin gave an assurance that whilst the panel undertook careful scrutiny, it had no powers to make changes to the precept.

Councillor Carver requested that his vote against the motion be recorded.

RESOLVED:

(a)       That the 2016-17 Council Tax be set as detailed in Appendix 1 to the report;

(b)       That no discount in the level of Council Tax charges for second homes and long term empty homes be offered; and

(c)       That designated officers issue legal proceedings and appear on behalf of the Council in the Magistrates’ Court for unpaid taxes.

(a)       That the council tax premium scheme be introduced from 2017-18;

(b)       That a 50% premium be adopted for the first year of implementation in 2017-18 for properties classed as second homes and long term empty homes; and

(c)       That the premium level during the first year of implementation be reviewed with a view to increasing the rate from 2018-19 after taking into consideration the effectiveness of the new policy in incentivising owners to bring long term empty property and second homes back into full use.

The Chief Officer (Community & Enterprise) introduced a report seeking approval to introduce a premium on long-term empty homes and second homes from April 2017, as set out in the Housing (Wales) Act 2014.  In presenting the report, she explained that it was a key strategic priority for the Council to encourage individuals to utilise the range of support available, to minimise the number of empty homes and bring them back into use.  There were currently over 800 empty properties which could benefit local people on the housing waiting list and help to meet the anticipated demand for social and affordable homes.  Approval by full Council was required at this stage to allow the requisite 12 months’ notice to be given to owners to charge the premium and to remind them of the support routes available to help bring their empty homes back into use.

The Revenues Manager explained that under the legislation, Welsh councils had the option to charge up to 100% additional Council Tax for long-term empty properties and second homes to meet local housing needs.  The proposal to introduce a 50% premium for the first year starting in 2017/18 had been recommended by the Community & Enterprise Overview & Scrutiny Committee and endorsed by Cabinet.  Consultation with residents had resulted in two responses: one opposing the premium for second homes and the other raising concerns about empty properties for sale.  However, the Welsh Government (WG) had introduced a range of safeguards to lessen the impact on residents, including granting a further 12 month exemption from April 2017 for owners of long-term empty properties for sale.

In moving the recommendations, Councillor Chris Bithell welcomed the aim to reduce the housing waiting list and tackle the problem of uninhabited empty properties which impacted on neighbourhoods, acknowledging the safeguards in place for specific cases.  In response to a question, the Revenues Manager confirmed that the legislation allowed unoccupied properties with no probate granted to be exempt indefinitely from Council Tax until such time as probate was granted.  Councillor Aaron Shotton seconded the proposal and thanked the officers for the detailed report.

Councillor Mike Peers raised points about the need to understand the implications of the new regulations and the effects of reducing government grants.  He felt that examples could have been provided to support the rationale of introducing a 50% premium and its impact, and suggested an amendment for a variable 25% premium to be applied in the first year depending on the condition of the building.  This was seconded by Councillor Owen Thomas.

The Chief Officer (Community & Enterprise) explained that although details of the new regulations had only recently been received, discussions had been ongoing for some time in preparation for the new legislation.  Despite the Council’s stance in charging full Council Tax on empty homes in the county and actively promoting the range of support available to minimise empty homes, over 800 homes were currently empty.  It was for this reason that a premium of 100% had been considered, however 50%  ...  view the full minutes text for item 105.

(a)       That the Pay Policy Statement for 2016/17, as appended to the report, be approved; and

(b)       That the Interim HR & OD Manager, on behalf of the Chief Officer (People & Resources), be given delegated authority to make amendments as necessary to reflect the nationally agreed pay awards, once finalised, without the requirement to return to full County Council.

The Chief Executive presented the report to seek approval of the Council’s Pay Policy Statement in line with the legal requirement to publish this annually before 31 March 2016.  He explained that there were no differences from previous agreements of the Council and that the request for delegation related to the nationally agreed pay awards over the summer period.

RESOLVED:

(a)       That the Pay Policy Statement for 2016/17, as appended to the report, be approved; and

(b)       That the Interim HR & OD Manager, on behalf of the Chief Officer (People & Resources), be given delegated authority to make amendments as necessary to reflect the nationally agreed pay awards, once finalised, without the requirement to return to full County Council.

That the amended wording to the Local Resolution Procedure (as highlighted in tracked changes to the current Local Resolution Procedure at Appendix 1 to the report) be approved and adopted.

The Chief Officer (Governance) introduced a report seeking approval on proposed alterations to the Local Resolution Procedure (LRP), as recommended by the Standards Committee and Constitution Committee.  The changes were to impose a 30 day time limit for referral of complaints to the Monitoring Officer from the date that the complainant becomes aware of the incident giving rise to the complaint, and to add a time limit to resolving complaints under the LRP of 12 months.  A further recommendation was for these time limits to be extended at the discretion of the Monitoring Officer.

RESOLVED:

That the amended wording to the Local Resolution Procedure (as highlighted in tracked changes to the current Local Resolution Procedure at Appendix 1 to the report) be approved and adopted.

That the recommendation by the Constitution Committee to conduct the survey on Members’ preferences be accepted, with the outcome to be discussed at the Council’s AGM, following consideration by the Democratic Services Committee on 27 April 2016.

A report was received to seek views on holding Council meetings at 5pm during the next municipal year, following a recommendation by the Democratic Services Committee.  This would provide an opportunity to consider and comment on whether a more flexible arrangement would help to accommodate Members with other responsibilities.  The results of a survey being undertaken would seek Members’ preferences on times for committee meetings.

In view of the number of Members remaining at the meeting, Councillor Aaron Shotton felt that all Members should be given the opportunity to discuss the matter at the Annual General Meeting.  Whilst supporting the principle of holding Council meetings at 5pm, he felt it was important to examine a variation of times to encourage wider attendance in the interests of diversity.  He proposed an amendment to accept the recommendation by the Constitution Committee to conduct the survey and to bring the outcomes to the AGM.  This was seconded by Councillor Bernie Attridge.

Whilst Councillor Mike Peers supported the amendment, he felt that the survey should take account of a range of meetings to accommodate all Members.

Councillor Alex Aldridge said the debate at the Democratic Services Committee had recognised the need to accommodate Members with commitments during the day.  He supported the principles of the amendment but felt it important that the survey acknowledge Members’ commitments to Town and Community Councils.

The Chief Officer (Governance) advised that the Democratic Services Committee had resolved to consider the results of the survey at its meeting on 27 April 2016.  The amendment put forward by Councillor Shotton would seek a decision at the AGM, informed by the discussion of the Committee.

The Chief Executive said that the survey should include wider consideration of the impact on meetings of school governing bodies and other external bodies.

The Chairman highlighted the importance of considering the timing of other important meetings such as Town and Community Councils and school governors.  Councillor Richard Jones asked that the survey also seek views on whether Members wished to continue with the August recess.  Councillor Chris Bithell referred to the proposed 5pm meeting start before the survey had taken place and stressed the importance of ensuring all Members had the opportunity to air their views.

RESOLVED:

That the recommendation by the Constitution Committee to conduct the survey on Members’ preferences be accepted, with the outcome to be discussed at the Council’s AGM, following consideration by the Democratic Services Committee on 27 April 2016.

That Section 12.10 of the Constitution be amended by deleting the words struck out as follows:

“Authentication of Documents

Where any document is necessary to any legal procedure or proceedings on behalf of the Council, it will be signed by the Chief Officer, Governance or other person authorised by him/her, unless any enactment otherwise authorises or requires, or the Council has given requisite Authority to some other person. Notwithstanding any arrangements set out within the Contract Procedure Rules which may require particular forms of contract for contracts of a lesser value, the Council expressly resolves that any contract with a value exceeding £50,000 entered into on behalf of the local Authority in the course of the discharge of a Executive Function shall be made in writing. Such contracts must either be signed by at least two officers of the Authority or made under the common seal of the Council attested by at least one officer.”

The Chief Officer (Governance) introduced a report seeking approval to amend Section 12.10 of the Constitution in relation to certain categories of contracts to be ‘under seal’ (to have the Council’s official seal attached rather than being signed by a manager).  The removal of the suggested wording would clarify the requirement for contracts exceeding £250,000 to be executed under seal, as set out in the categories within the Contract Procedure Rules.

In response to a query from Councillor Mike Peers, the Chief Officer provided clarification on the consultation process for the Contract Procedure Rules.

RESOLVED:

That Section 12.10 of the Constitution be amended by deleting the words struck out as follows:

“Authentication of Documents

Where any document is necessary to any legal procedure or proceedings on behalf of the Council, it will be signed by the Chief Officer, Governance or other person authorised by him/her, unless any enactment otherwise authorises or requires, or the Council has given requisite Authority to some other person. Notwithstanding any arrangements set out within the Contract Procedure Rules which may require particular forms of contract for contracts of a lesser value, the Council expressly resolves that any contract with a value exceeding £50,000 entered into on behalf of the local Authority in the course of the discharge of a Executive Function shall be made in writing. Such contracts must either be signed by at least two officers of the Authority or made under the common seal of the Council attested by at least one officer.”

There was one member of the press and 13 members of the public present.