Agenda, decisions and minutes

To confirm as a correct record the minutes of the meeting held on 19^th October 2021.

That the minutes be approved as a correct record.

The minutes of the meeting held on 19^th October 2021 were submitted.

RESOLVED:

That the minutes be approved as a correct record.

To receive any Declarations and advise Members accordingly.

None.

None.

To receive the communications as circulated.

Noted.

The Chair explained that his communications had been emailed to all Members the previous day.  He expressed his sorrow, on behalf of the Council, to Councillor Sian Braun whose father had sadly passed away and conveyed condolences. 

He also read out a letter from Colin Everett thanking colleagues for the kind words, gifts and cards following his departure.

This is an opportunity for Members of Council to submit petitions on behalf of people in their ward. Once received, petitions are passed to the appropriate Chief Officer for action and response.

None.

None were submitted. 

(a)       That the Capital Strategy be approved; and

(b)       That the following be approved:

·         The Prudential Indicators for 2022/23 – 2024/25 as detailed within Tables 1, and 4-7 inclusive of the Capital Strategy; and

·         Delegated authority be granted for the Corporate Finance Manager to effect movements between the separately agreed limits within the authorised limit for external debt and the operational boundary for external debt (Table 6 of the Capital Strategy)

The Corporate Finance Manager introduced the report which sought approval of the Council’s Capital Strategy.  It explained the requirement for the Strategy, its key aims and the contents of each of its sections.

Under the Prudential Code for Capital Finance in Local Authorities (the Prudential Code), authorities were required to set a range of Prudential Indicators (PI’s).  The Capital Strategy included details of the Council’s Prudential Indicators for 2022/23 – 2024/25.

The key aims of the Strategy were to explain the ways in which the Capital Programme was developed and funded, the potential impact it had on the Council’s Medium Term Financial Strategy (MTFS) and the way in which it related to the Council’s Treasury Management Strategy.  The Strategy was an overarching document and referred to other documents such as the Capital Programme, the Treasury Management Strategy and the Minimum Revenue Provision Policy.  The Strategy was split into a number of sections which were outlined in the report.

The report had been submitted to Corporate Resources Overview and Scrutiny Committee and Cabinet and no issues had been raised.

The recommendations in the report were moved by Councillor Paul Johnson and seconded by Councillor Mullin.

Councillor Paul Johnson thanked officers for all of the work undertaken on the report which demonstrated the Strategy was well funded, proven and sustainable.

RESOLVED:

(a)       That the Capital Strategy be approved; and

(b)       That the following be approved:

·         The Prudential Indicators for 2022/23 – 2024/25 as detailed within Tables 1, and 4-7 inclusive of the Capital Strategy; and

·         Delegated authority be granted for the Corporate Finance Manager to effect movements between the separately agreed limits within the authorised limit for external debt and the operational boundary for external debt (Table 6 of the Capital Strategy)

(a)       That the allocations and schemes in Table 3 for the Statutory/Regulatory and Retained Assets sections of the Council Fund Capital Programme 2022/23 – 2024/25 be approved;

(b)       That the schemes included in Table 4 for Investment section of the Council Fund Capital Programme 2022/23 – 2024/25 be approved;

(c)        That it be noted that the shortfall in funding of schemes in 2022/23, 2023/24 and 2024/25 in Table 5 at this point in the approval process allows flexibility.  Options including a combination of future capital receipts, alternative grants (if available), prudential borrowing or the re-phasing of schemes will be considered during 2022/23, and included in future Capital Programme reports; and

(d)       That the schemes included in Table 6 be approved for the specifically funded section of the Council Fund Capital Programme which will be funded in part through borrowing.

The Corporate Finance Manager and Principal Accountant introduced the report which presented the proposed Capital Programme for the period 2022/23 – 2024/25 for approval, supported by a PowerPoint presentation.

The Council’s Capital Programme covered investment in assets for the long term to enable the delivery of high quality and value for money public services.  Assets included buildings (such as schools, care homes and day centres), infrastructure (such as highways, IT networks and waste transfer stations) and assets not owned by the Council (such as works to improve and adapt private sector homes).  The proposed capital investments outlined within the report were closely aligned to portfolio service business plans and the Council Plan.

The Council had limited capital resources from Welsh Government (WG) to support Council priorities, needs and liabilities.  However, it had the powers to fund Capital schemes by borrowing – this was temporary and ultimately, the cost and repayment of any borrowing was charged to the Council’s revenue budget.  Schemes funded by borrowing were carefully considered due to the long-term impacts on the Council’s revenue budget.

The Council Fund Capital Programme was divided into three sections:

1.    Statutory / Regulatory – allocations to cover regulatory and statutory works.

2.    Retained Assets – allocations to fund infrastructure works necessary to ensure service and business continuity.

3.    Investment – allocations to fund works necessary to ensure service and business continuity.

Details of each of the tables within the report were provided, which were part of the presentation, and supported by explanations in the report on each table.

Information was also provided on potential future schemes, which were also detailed in the report.

The report had been submitted to Corporate Resources Overview and Scrutiny Committee.

The recommendations in the report were moved by Councillor Ian Roberts and seconded by Councillor Paul Johnson.

Councillor Roberts welcomed the report and said it was a pleasure to recommend the proposed capital programme for approval, saying it was a collective capital programme for the whole Council.  The programme was ambitious and demonstrated that as a Council, there was commitment to caring for the vulnerable.  He welcomed the schemes outlined for schools, along with the replacement of Ysgol Croes Atti which would be the first brand new Welsh Medium Primary School in Flintshire to be built as a carbon neutral structure.  He commented on the commitment to Theatr Clwyd and the new archive project, and welcomed the spend on Standard Yard Waste Transfer Station which would ensure that the Council could achieve the 70% target set by WG for recycling.  He sought support from Members across the chamber for the extensive range of commitments planned for the whole of the county.

Councillor Peers also welcomed the report which showed commitment to the whole of the county.  On school building works, he asked how the backlog of toilet upgrades was being addressed, and whether Estyn was satisfied with the position.  The Chief Executive explained that alongside the programme of toilet upgrades, modernisations were also carried out under refurbishment  ...  view the full minutes text for item 63.

(a)       That the Draft Statement of Licensing Policy, spanning a five year period up until December 2026, be adopted; and

(b)       Any decision to make changes to the policy during the five year term be delegated to the Licensing Committee.

The Chief Officer (Planning, Environment and Economy) introduced the report and explained that this was the fifth Statement of Licensing Policy to be issued which outlined the expectation of the Licensing Authority in relation to applicants.  It also detailed what applicants and service users might expect from the Licensing Authority.

Officers had undertaken a review of the current policy, taking into account any relevant changes in legislation, guidance and good practice.  The review was undertaken in partnership with other North Wales Local Authorities as part of an ongoing effort to achieve consistency, where possible, across the region.

The proposed Draft Statement of Licensing Policy for the period December 2021 – December 2026 was appended to the report.  The final draft showed the changes made by officers prior to consultation in red, and the changes made since the consultation in blue.  A summary of the changes was provided in the report.

Two responses had been received in respect of the consultation, from a representative of Public Health Wales, and a representative for Premises Licence Holders.  Details of those responses were also appended to the report.

The recommendations in the report were moved by Councillor Sharps and seconded by Councillor Small.

Councillor Sharps expressed his thanks to the Licensing Team for their continued efforts during the pandemic to continue to ensure that customers remained supported.  He thanked them for adapting the way in which they worked to ensure service delivery was maintained which was welcomed by all of their clients.

In response to a question from Councillor Bithell, the Licensing Team Leader explained that there was an error in the appendix at 3.19, and clarified that the North Wales Fire and Rescue Service was not required to consult on any conditions it placed in relation to fire safety matters.

RESOLVED:

(a)       That the Draft Statement of Licensing Policy, spanning a five year period up until December 2026, be adopted; and

(b)       Any decision to make changes to the policy during the five year term be delegated to the Licensing Committee.

That the Treasury Management Annual Report for 2020/21 be approved.

The Corporate Finance Manager introduced the report and explained that the Treasury Management Annual Report was required by the Council’s Financial Procedure Rules to be reviewed by the Governance and Audit Committee.  It was considered at their meeting on 28^th July 2021, and at Cabinet on 21^st September 2021.

A summary of the key points on the Annual Report was detailed in the covering report.

The recommendation in the report was moved by Councillor Paul Johnson and seconded by Councillor Chris Dolphin.

Councillor Paul Johnson thanked all officers involved in the preparation of the report, and for presenting it at Governance and Audit Committee and Cabinet.  He explained that the major influence on the UK economy in 2020/21 was the Covid-19 pandemic.  The Bank of England cut the Bank Rate to 0.1% and the UK Government provided a range of fiscal stimulus measures to support the economy through the unprecedented time.  Section 2 of the report provided a full economic and interest rate review for 2020/21.

As Chair of the responsible Committee scrutinising the Treasury Management Strategy and Policies, Councillor Dolphin confirmed that it had been considered by Governance and Audit Committee on 28^th July where it was supported.

In response to a question from Councillor Peers, the Corporate Finance Manager explained that North East Wales (NEW) Homes did not have the same access to Public Works Loan Board (PWLB) so the Council borrowed on their behalf and included an additional narrow margin which provided an income stream for the authority.  In response to a further question on interest rates, the Corporate Finance Manager said that the quarterly monitoring reports would provide full detailed information.  On investment activity, Councillor Peers asked what the return on investments was.  The Corporate Finance Manager explained that the aim was to always maximise investment opportunities and that best opportunities were considered at the time.

RESOLVED:

That the Treasury Management Annual Report for 2020/21 be approved.

(a)       That the seats on Committees be allocated in accordance with political balance as shown in Appendix A; and

(b)       That any changes to nominees be notified to the Democratic Services Manager as soon as possible.

The Chief Officer (Governance) introduced the report and explained that the Council was required under the Political Balance Rules contained in the Local Government and Housing Act 1989 and the Local Government (Committees and Political Groups) Regulations 1990 as amended, to review the Council’s political balance calculations following the by-election in Penyffordd on 7^th October 2021.

The new Councillor in that ward, alongside Councillor Cindy Hinds as the other ward Member, was in the Labour Group, whereas the previous incumbent was a member of the New Independent Group.  The calculated entitlement to seats indicated that the Labour Group would gain two places and the New Independent Group would lose two places.  It was possible to accommodate those changes without impacting other groups.

The Council’s political groups and the number of Members on each was as follows:

The political balance calculation was appended to the report.  It was one possible lawful allocation and other possible allocations may exist.

During the review of the Committee structure in 2019, Group Leaders, on behalf of their Members, agreed that it was preferable and beneficial to try and allocate seats in line with Councillors’ areas of interest if possible.  Where it was possible within the rules, the allocation of seats was therefore influenced by known areas of interest/preference.

The Labour Group’s entitlement to an additional seat on the Constitution and Democratic Services Committee was clear from the calculations.  The issues arose with the second seat.  On this occasion, the apparent entitlement to seats would suggest that the New Independent Group should lose a seat on the Governance and Audit Committee to the Labour Group.  However, that seat was occupied by a Councillor with long experience and a keen interest in the work of that Committee.  In order to fulfil the aspiration to allocate seats based on interest, it was suggested that the Labour Group should instead be allocated an extra seat on the Education, Culture and Youth Overview and Scrutiny Committee.  That would result in that group being slightly “over-represented” on that Committee but it was a possible lawful allocation of seats.

As there was a possible allocation that would comply with both rules iii and iv, the legislation required that the recommended allocation could only be approved if no Councillor voted against it.

The recommendations in the report were moved by Councillor Ian Roberts and seconded by Councillor Peers.

RESOLVED:

(a)       That the seats on Committees be allocated in accordance with political balance as shown in Appendix A; and

(b)       That any changes to nominees be notified to the Democratic Services Manager as soon as possible.

That the Governance and Audit Committee’s Annual Report for 2020/21 be approved.

The Internal Audit Manager introduced the report and explained that, in accordance with CIPFA’s best practice ‘Audit Committees – a Practical Guidance for Local Authorities 2018’, there was a requirement for the Committee to be held to account by the Council for the work it undertook.  To support that, the Committee’s Terms of Reference were amended in 2018 to include a requirement for the Committee to prepare a yearly report to the Council on its achievements and to demonstrate its accountability.

The Governance and Audit Committee’s Annual Report for 2020/21 was appended to the report and provided the Council with the necessary information to meet the requirement.

A significant part of the Committee’s role was to demonstrate its accountability, which should be considered under the following three aspects:

1.    Supporting the Council’s accountability to the public and stakeholders

2.    Supporting accountability within the Council

3.    Holding the Governance and Audit Committee to account

The Governance and Audit Committee’s Annual Report had been presented and endorsed by the Governance and Audit Committee on 17^th November 2021.

The recommendation in the report was moved by Councillor Chris Dolphin and seconded by Councillor Mullin.

Councillor Chris Dolphin thanked officers of the Council for the preparation of the report.

RESOLVED:

That the Governance and Audit Committee’s Annual Report for 2020/21 be approved.

That the Overview and Scrutiny Annual Report for 2020/21 be received.

The Head of Democratic Services presented the report and explained that the Overview and Scrutiny Annual Report was drafted on an annual basis by the officer team, in consultation with the relevant Committee Chairs.  The draft was then submitted to the Constitution and Democratic Services Committee for Members’ comments before being submitted to Council for formal approval.

The Annual Report provided the Council with assurance that the Overview and Scrutiny function was fulfilling its constitutional role.

The Head of Democratic Services thanked all Members and officers for their involvement in the Overview and Scrutiny process over the last year.

The recommendation in the report was moved by Councillor Phillips and seconded by Councillor Mullin.

Councillor David Healey thanked officers for their work undertaken during the pandemic to ensure that the Overview and Scrutiny process continued.  He particularly welcomed the live streaming of all meetings which helped the public to have access to local democracy.

Councillor Marion Bateman thanked officers for the help and support given to her whilst she was Chair of the Council which had been during the pandemic.

RESOLVED:

That the Overview and Scrutiny Annual Report for 2020/21 be received.

This item is to receive any Public Questions: none were received by the deadline.

None.

None were received.

To note the answers to any questions submitted in accordance with County Council Standing Order No. 9.4(A): none were received by the deadline.

None.

None were received.

The Minute Book, Edition 1 2021/22 has been circulated to Members.  Members are now entitled to ask questions on these minutes, subject to certain limitations, and answers will be provided at the meeting.  Members are requested to bring to the meeting their copy of the Minute Book.  Any questions must have been received by the Democratic Services Manager prior to the close of business on Wednesday 1^st December, 2021:  none were received by the deadline.

None.

None were received.

This item is to receive any Notices of Motion.

(1)       That the Notice of Motion be supported.

(2)       that the Notice of Motion be supported, along with the amendment received by Councillor Ibbotson and accepted by Councillor Woolley and Councillor Peers.

Councillor Paul Johnson spoke in support of the Labour Group Notice of Motion, which was:

“That this Council supports the calls for the UK Government to reinstate the £20 per week enhancement to Universal Credit and to extend this support to legacy benefits.  This Council also expresses its deep regret that the UK government did not apply this uplift to legacy benefits during the pandemic.  The Council recognises and welcomes the changes made to Universal Credit in the budget especially to the taper rate but expresses its concerns that this will not impact people unable to work or legacy benefit claimants.

Council calls on the Leader to write to our two local Members of Parliament to invite their support for this motion”.

He provided details of the impact over a 12 month period which was also at a time where the country was experiencing a rise in fuel bills and inflation.  He added that in Flintshire, a high percentage of those claiming Universal Credit were people who were in work.  A taper rate had been introduced but he said this would not help those who were not in any form of employment.

Councillor Dave Hughes seconded the Notice of Motion.

Councillor Ibbotson supported the Notice of Motion and provided details of his own personal situation in relation to Universal Credit.

Councillor Aaron Shotton also supported the Notice of Motion but felt it would have been more timely prior to the parliamentary debate on Universal Credit in the summer.  He added that the MP for Alyn and Deeside supported the sentiments of the motion and he had expressed his concerns to the UK Government when they had proposed to remove the £20 uplift.

Councillors Bithell and Butler also spoke in support of the Notice of Motion.  The requisite 10 Members indicated in the chat to request a recorded vote.

            The Chief Officer (Governance) read out names in order and the result of the recorded vote is shown below:

For the Notice of Motion:

Councillors: Axworthy; Banks; Haydn Bateman; Marion Bateman; Bibby; Bithell; Butler; Carver; Collett; Cox; Cunningham; Rob Davies; Ron Davies; Davies-Cooke, Chris Dolphin; Rosetta Dolphin; Dunbobbin; Eastwood; Evans; Gay; Hardcastle; David Healey; Gladys Healey; Heesom; Andy Hughes; Dave Hughes; Ibbotson; Joe Johnson; Paul Johnson; Christine Jones; Richard Jones; Tudor Jones; Richard Lloyd; Lowe; Mackie; McGuill; Mullin; Palmer; Peers; Vicky Perfect; Phillips; Ian Roberts; Tim Roberts; Rush; Sharps; Aaron Shotton; Paul Shotton; Small; Smith; Owen Thomas, White; Williams; Wisinger and Woolley.

Against the Notice of Motion:

None.

Abstentions:

None.

The Notice of Motion was unanimously supported.

Councillor Woolley submitted the following Notice of Motion:

“That this County Council takes note of and fully supports the aims of the Local Electricity Bill which was submitted to Parliament on 10^th June of this year with support of 150 cross-party MPs and organisations such as NALC.  The Eden Project, Forum for the Future and Friends of the Earth as well as 43 County and Local Authorities.  Council wishes to urge progress into  ...  view the full minutes text for item 72.

To recognise the 25 years of service at Flintshire County Council of Robert Robins, the retiring Head of Democratic Services.

That the tributes to the retiring Head of Democratic Services be noted.

The Chair introduced the item and explained that Robert Robins had served 25 years at Flintshire County Council.  Prior to local government reorganisation Robert started his career as a graduate trainee with Delyn Borough Council on 28^th January 1985 before moving to Alyn and Deeside District Council then to Flintshire County Council undertaking a number of different roles.

The Chair invited Robert to receive a gift that had been bought with donations given from Members and officers.

Members across the Chamber, and the Chief Executive, paid tribute to Robert and best wishes for his retirement.  All commented on how helpful, kind, trustworthy, supportive, polite and encouraging he was, and thanked him for all of the advice given to them over the years and for his friendship. He was a true gentleman and would be missed.

There were no members of the press or public in attendance.