Agenda and minutes

To receive any apologies for absence.

Councillors Trevor Edwards, Chris Hughes, Brian Jones, Peter Read, Mair Rowlands and Glyn Thomas.

The Chairman shall propose that the minutes of the previous meeting of the Council held on 8^th December, 2016 be signed as a true record. (attached)

The Chair signed the minutes of the previous meeting of the Council held on 8 December 2016 as a true record.

To receive any declaration of personal interest.

The Monitoring Officer noted that the chief officers present would be leaving the chamber for item 10 on the agenda 'Annual Review - Council's Pay Policy', as the report related to their salaries. All chief officers, with the exception of the Chief Executive, would leave at the beginning of the discussion and then the Head of Corporate Support Department would return for other employment matters and then the Chief Executive would withdraw in order to give members an opportunity to raise any specific matter regarding the Chief Executive's salary. 

The Chief Executive, Corporate Directors, Head of Finance Department, Head of Corporate Support Department and the Head of Legal Service / Monitoring Officer declared a personal interest in this item as the report related to their salaries.  

They were of the opinion that it was a prejudicial interest and the Corporate Directors, Head of Finance Department and Head of Legal Services / Monitoring Officers left the meeting during the entire discussion, and the Chief Executive and Head of Corporate Support Department also left during a section of the discussion, on the item.

To receive any Chairman’s announcements.

Condolences

Condolences were expressed to Councillor Mair Rowlands on the death of her grandmother.

It was also noted that the Council wished to express condolences to everyone in the county's communities who had lost loved ones recently.

The Council stood in silence as a mark of respect.

Best wishes

Best wishes were extended to the following

·         Councillor Peter Read, following a recent operation, and also Councillors Trevor Edwards and Brian Jones who were currently suffering from ill-health.

·         The daughter of Councillor Louise Hughes, who had received two organ transplants recently, and everyone was reminded of the importance of organ donation.

·         Dinas Mawddwy Young Farmers on winning the half an hour of entertainment competition in Meirionnyddshire, and they were wished well in the final in Port Talbot on Saturday.

·         All members who would be standing in the May elections.

Welcome

Councillor Peter Read was welcomed back following his recent ill-health.

Congratulations

Councillor Gethin Williams and his wife were congratulated on their recent wedding in Gretna Green.  

Word of Thanks

As this was his last meeting in the chair, the Chair thanked his fellow members for every support over the past year.

To receive a declaration by the Council Leader.

The Leader gave a declaration as a result of announcing his intention to stand down from his role as Leader and a councillor for the Penygroes ward in May.   He noted that he had been Council Leader since 2008 and that his successor would inherit a stable and ambitious Council that had made a difference for the better to the communities and people of the county. He referred to a number of the Council's successes over this term, despite the challenging financial context, and he noted that every member of the Council had played their part in this success.

Members were thanked for their contribution and commitment, not only to their wards, but to Gwynedd as a whole. He also thanked the leaders of the political groups for the collaboration, and to the members of his own group for their backing, to the Deputy Leader for his support and to the Chair and Vice-chair for their pastoral work.   He expressed his appreciation for the staff's commitment to the Council's work and thanked those members of staff who had assisted him over the years, Bethan, Einir and Llywela, and the Cabinet Team in general.  He expressed particular gratitude to the Chief Executive for his work and willingness to embrace change and for leading by example.

The Chair thanked the leader for his declaration, and on behalf of all members, he thanked him for his leadership to the Council over the years, and he wished him well in the future.

The Deputy Leader expressed his appreciation of the Leader's firm and wise leadership and noted that he had represented this Council on a national and international level in a dignified manner. He had also managed to extend across the parties by tireless lobbying and commitment to the people of Gwynedd.

The Chief Executive thanked the Leader, on behalf of the staff, for his sound and clear leadership and his ability to challenge in a constructive and supportive way. 

To receive any correspondence, communications or other business brought forward at the request of the Chairman.

None.

To note any items which are urgent business in the opinion of the Chairman so they may be considered.

None.

To consider any questions the appropriate notice for which have been given under Section 4.19 of the Constitution.

Question from Councillor R. H. Wyn Williams

"What profits / grants has Gwynedd Council received over the past 10 years through the European Union together with other grants received through partnerships / business in Gwynedd during the 10 year period?"

Councillor Mandy Williams-Davies, Cabinet Member for Economy and Community responded

(The Cabinet Member's written response to the original question was distributed to the members in advance).

"Since 2007, Gwynedd Council has received £48.5m in funding from European Union Funds which has enabled a total investment of £89.6m in the county. Other bodies in Gwynedd, such as Bangor University, as you can see, receive substantial funding. The question refers to the money, however, I believe, when approaching my daily work over the past two years, what I wish to draw attention to is what this money has enabled, namely supporting jobs and supporting ideas, and this, I believe, is the important thing to measure in respect of the money."

Supplementary question from Councillor R. H. Wyn Williams

"How does the Council envisage the loss of so much assistance in the future and where and what are the future patterns?"

Councillor Mandy Williams-Davies, Cabinet Member for Economy and Community responded

"This is quite a question and I can only answer by drawing on my experiences from the discussions I have held in light of my post as Cabinet Member. I envisage changes from many directions, that there will be collaboration between the six counties across the North, which is a good thing, but to be party to that money, I believe that the direction of the Westminster Government will be to spend on specific infrastructure and industries. We must be included in those discussions. It is important to be part of the infrastructure to electrify the Railway in the North, etc. However, there is a draw for this collaboration to extend across the urban areas, the Northern Powerhouse, and the south is working with Bristol.  And there is also a draw that concerns me somewhat. The projects you see on the list are specific projects for a specific purpose and they are easy to measure and have a good influence, I believe. We have already listed projects that have been successful in Gwynedd. There is a risk that we will lose these small projects at the detriment of being a part of the major infrastructure discussions, and this is my concern. Further on in the agenda, we will be discussing local government reorganisation and I believe that this is where our contribution as a Council will lie, i.e. that we ensure that any reorganisation and regional collaboration ensures that our voice is heard regarding those small things that make an actual difference to people's lives and opportunities, as well as infrastructure.   Therefore, a lot of work is facing us. Possibly, money will return to Wales as match funding, however, we must ensure that we reap the economic benefits, that it is not a benefit to the urban regions, but a benefit to  ...  view the full minutes text for item 8.

To submit the report of the Council Leader  (attached).

The Leader submitted a report recommending that the Council adopted the Gwynedd Council Plan 2017/18, which was a one year extension to the Gwynedd Council Strategic Plan 2013-17 and also to bridge the period between the Strategic Plan and the new plan that would be prepared and adopted by the Council elected in May.

During the discussion the following matters were raised:

·         In response to an enquiry, it was confirmed that money had been earmarked in the budget as commitment to fund the plans to improve what required additional resources in order to continue to achieve its commitments.

·         It was noted that the percentage of Council expenditure with local businesses had dropped from 40.42% in 2014/15 to 38% in 2015/16 and a request was made for commitment that the Council spent more locally rather than outside the county.   In response, it was explained that a relatively strict measure was used to measure the expenditure but that work was in the pipeline to attempt to change that and that work was also continuing to increase local expenditure.

RESOLVED to adopt the Gwynedd Council Plan 2017/18.

To submit the report of the Cabinet Member for Resources  (attached).

The Cabinet Member for Resources submitted a report recommending that the Council approved the Pay Policy Statement for 2017/18. It was noted that the Chief Officers Appointment Committee had considered the Pay Policy at its meeting on 16 February 2017 and recommended that the Council adopted it.

During the discussion the following matters were raised:

·         Enquiries were made as to whether or not the policy of not exempting former officers, who had received redundancy, based on excessive staffing, or pension payments, from being re-employed. The Chief Executive reported that there was an intention to do so in the new Council. 

·         A question was raised regarding funding an increase of 7% in the salaries of chief officers. The Chief Executive replied by noting that any salary increase that had occurred years ago did not have anything to do with the current Pay Policy but that the member was welcome to approach him at the end of the meeting to discuss the matter further.

RESOLVED to approve the recommendation of the Chief Officer Appointment Committee for the Council to adopt a draft of the Pay Policy Statement for 2017/18 in Appendix 1 of the report. 

To submit the report of the Cabinet Member for Resources  (attached).

The Cabinet Member for Resources submitted:

·         A report recommending a budget for the Council's approval for 2017/18.

·         An appendix detailing issues to consider when setting the budget, along with the medium-term strategy.

·         The draft decision on the Council Tax based on the Cabinet's recommendation to the Council (based on an increase of 2.8%), along with tables showing the Council Tax level and the increase per community.

The Cabinet Member noted that the process of establishing the Council's Financial Strategy had been an inclusive process of collaboration and he thanked the Chief Executive, the Research Unit, the Head of Finance Department and the staff of the Finance Department for their collaboration over the past five years. 

During the discussion, it was noted:

·         That the Council had approved spending money under items 6 and 7 above, but was making a decision on raising money here. In response, the Head of Finance Department noted that those decisions involved moving on with matters already included in the budget.

·         That efficiency savings led to a reduction in staff numbers and this meant that councillors were unable to contact anyone to pass on complaints.   In response, the Cabinet Member noted that efficiency savings were not cuts and that services could be maintained more effectively without cutting staff. The Head of Finance Department added, as a result of the efficiency savings and the cuts that had already been approved, that it would be reasonable to generate approximately £1m of further efficiency savings in order to keep the tax on the recommended level and that these efficiency savings would not affect ratepayers. 

·         That the decision to get rid of the disability officer had had an impact.

·         That the ratepayers of Anglesey and Ceredigion were paying less than Gwynedd ratepayers, and although the fact that Gwynedd had received the best settlement in Wales this year was welcomed, this was a very poor county and people who already experienced difficulties in making two ends meet would find it difficult to cope with the increase.  

·         That restricting the increase in Council tax to 1.5% would bring Gwynedd closer to Anglesey and other neighbours. It was also noted that the level of inflation was below 2% by now.

·         That there was also pressure on community and town councils and the Police Authority to increase their precepts and that an increase of 2.8% was very reasonable.

·         That the cuts of £4.3m in the field of education was hitting the primary sector which meant that children were moving up into the secondary sector without achieving the expected standard and that this, in turn, led to additional work with fewer resources.

·         That people saw themselves paying more for fewer services.

·         That the tax on a Band D property in Gwynedd was more expensive than a Band D house in Cardiff and Gwynedd had the sixth highest rates in 2016. 

·         That an increase of only 2% in the tax would lead to a reduction of £13 per annum to Band D residents and to an income  ...  view the full minutes text for item 11.

To submit the report of the Cabinet Member for Resources  (attached).

Submitted - the report of the Cabinet Member for Resources requesting that the Council adopt the proposed strategies.

          It was noted that the strategies had been submitted to the Audit Committee on 9 February, where the proposals had been accepted in principle, further to questions from members, and whereby the Committee had recommended that the Council adopted the strategies.

          The Vice-chair of the Audit Committee thanked Arlingclose, the Council's treasury consultants, for their clear explanation of the various risks.

          RESOLVED to adopt the Treasury Management Strategy Statement, the Minimum Revenue Provision Strategy and the Annual Investment Strategy for 2017/18 (Appendix A), the Prudential Indicators (Appendix B) and the Treasury Management Schedules (Appendix C).

To submit the report of the Head of Finance and the Head of Legal Services  (attached).

The Chair of the Pensions Committee submitted a report that:

·         Noted the background of the investment pool arrangements across the eight Local Authority Pension Funds in Wales and the need to formally commit to an agreement between the funds to establish administrative and governance arrangements to manage the pool arrangements.

·         To recommend the Inter-Authority Agreement to the Council.

In response to an enquiry, the Head of Finance Department expanded on the role and responsibilities of the Pensions Committee following the establishment of the new Joint Committee.

RESOLVED that the Council:

1.         Notes the content of the draft Inter Authority Agreement (IAA) attached at Appendix A to and delegates authority to the Head of Finance Department, in consultation with the Chair of the Pensions Committee and Head of Legal Services, to approve and execute the final version of the IAA.  

2.         Approves the establishment of a Joint Committee (hereinafter referred to as the Joint Governance Committee) on conclusion of the IAA referred to in recommendation 1 above and based on the terms of reference attached.

3.         Delegates the exercise of certain functions to the Joint Governance Committee as set out in the terms of reference and notes those functions that are reserved to Council.

4.         Approves the appointment of the Chair of the Pension Fund Committee or his/her Deputy nominated by the Pensions Committee to the Joint Governance Committee as Gwynedd Council representative.

5.         Where specifically required to give effect to the terms of the Inter Authority Agreement delegates to the nominated representative of the Gwynedd Council authority to act within the terms of reference of the Joint Governance Committee to enable the exercise of any delegated function.

6.         Approves that Carmarthenshire County Council (Dyfed Pension Fund) acts as Host Council with the responsibilities set out in the Inter Authority Agreement.

7.         Delegates authority to the Head of Finance Department in consultation with the Head of Legal Services to agree any further minor amendments to the IAA. 

To submit the report of the Chair of the Audit Committee  (attached).

Submitted - the report of the Chair of the Audit Committee submitting the recommendations of the Audit Committee on the new scrutiny model for May 2017.

The Deputy Leader set out the context before the Vice-chair of the Audit Committee submitted the recommendations in the absence of the committee's Chair.

It was suggested that a report should be submitted back to the full Council on the successes / failures of the new scrutiny system, regardless of which model would be adopted.
 

The following observations were submitted in favour of Option 1 (one scrutiny committee model):

·         The membership of the committee would take an overview and ensure that the scrutiny matters were things that really needed to be scrutinised.

·         The committee's meetings would coincide with the Cabinet's meetings so that Cabinet decisions could be tracked and then discuss with Cabinet Members. 

·         The committee would be able to ensure that the investigations had been carried out thoroughly.

·         The balance in terms of the fields would be determined by the scrutiny committee therefore it could place emphasis on whatever matters it wished.

·         Removed silos and the attention that needed to be given to each Council department.

·         Councillors would better understand how the Council worked as a whole.

The following observations were submitted in favour of Option 2 (three scrutiny committee model):

·         It would share the burden rather than place all the pressure on one scrutiny committee that would also be accountable for all scrutiny investigations.

·         It would separate the fields of Education and Social Services that were collectively responsible for 80% of the Council's expenditure.

·         It would be easier to ensure quality scrutiny by having a better grasp of subjects.

·         The one Scrutiny Committee model would be nothing more than a shadow cabinet without the responsibility.

·         It would be impossible for one committee of 15 members to provide an overview of all matters across the Council.

An amendment was proposed and seconded that the Council adopted a three scrutiny committee model.   As the result of the vote on the amendment was tied, the Chair used his casting vote in favour of the amendment.   Consequently, the amendment had carried.

RESOLVED

1.       To move to the three scrutiny committee model shown in Appendix 2 of the report with its advantages and disadvantages as the best model for the new Council.

2.       To adopt recommendations (a) to (f) in paragraphs 9.1 to 9.5 in the report, namely:

(a) Establish a system of regular discussion sessions.

(b) that the work programme for the year includes a higher proportion of matters that will be submitted for prior scrutiny. 

(c) That a procedure should be obtained where Cabinet Members invite scrutiny members to them to undertake specific work on policy development.

(ch) That the Leadership Team regular monitor the Council's Corporate Risk Register with the scrutineers.

(d) That more emphasis is placed on justifying why a matter is being scrutinised.

(dd)  To present a new concept of "Gwyntyllu".

(e) That the performance scrutiny pilot  ...  view the full minutes text for item 14.

To submit the report of the Head of Democratic Services  (attached).

This item was withdrawn as the calendar had been based on a one scrutiny committee model, namely the original recommendation of the Audit Committee to the Council, and it was agreed that an amended calendar would be submitted to the Annual Council on 18 May based on the three scrutiny committee model.

To submit the report of the Head of Finance and the Monitoring Officer  (attached).

The Monitoring Officer submitted a report that he had prepared jointly with the Head of Finance Department requesting the Council to approve the procedure recommended in the report for the appointment of a lay member to the Audit Committee.

The recommendation was proposed by the Vice-chair of the Audit Committee.

A member questioned the purpose of the function, however the Monitoring Officer explained that it was mandatory to have at least one lay member on the committee in accordance with the requirements of the Local Government (Wales) Measure 2011.

RESOLVED to approve the system recommended in the report for the appointment of a lay member to the Audit Committee.

To submit the report of the Council Leader  (attached).

The Leader submitted a report inviting the Council to consider and amend draft observations prepared as a basis to the Council's response to the main proposals and questions of Welsh Government's White Paper on local government reform.  

During the discussion, it was noted:

·         That morale was low in the community councils as a result of having to accept more responsibilities by this Council. The Leader replied that the White Paper referred to the need to respond to the change in the situation of town and community councils and to carry out further work in order to see what structure of community councils would be needed in the future in order to be suitable to cope with the new contexts.

·         That the White Paper gave everyone everything, however, when going under the surface, strong signs of centralising services for the North Wales region could be seen.  The questions that had been posed related to peripheral issues that were easy to answer; however, a question should be asked about the purpose of a local authority and the principles of democracy and accountability should things be taken away from the councils and given to some regional body? Also, there was a confusion of partnerships across the North which was almost impossible to comprehend. Who was responsible for making decisions and where and when would they be scrutinised and by whom? There was a risk that Gwynedd Council would not have much to do in ten years' time.   Everything would have been taken somewhere else and what impact would that have on our Welsh language policy?  

·         That there was a need to make strong general comments expressing concern regarding the journey that was commencing here to centralise services into a North Wales region level.   This was also contrary to the Local Services Boards which had been established by another piece of legislation and what would be their subsequent role?   There was a risk of duplicating work and the situation was very confusing.

·         If Assembly Members would be prevented from standing as councillors, it was assumed that it would not be possible for councillors to stand as Assembly Members either. In the past, individuals had been seen to serve as councillors whilst being Assembly Members and appointment to both posts did not prevent an individual from carrying out their work in full.

·         The Paper did not address the six month rule and this needed to be tightened.  

·         The document raised doubts regarding regional operation. There was reference to GwE here, for example, and to the value of it at the end of the day.  There was also reference to the role of councillors and it was questioned whether or not moving to a regional model would make it more difficult to engage with the public. It mentioned that councils themselves should decide upon their own committees system, and this was to be praised.   In response, the Leader noted that he had argued in favour of reorganisation along robust lines; however, he did not share the  ...  view the full minutes text for item 17.

To submit the report of the Cabinet Member for Children and Young People and the Cabinet Member for Adults, Health and Welfare  (attached).

The Cabinet Member for Adults, Health and Well-being submitted a report recommending that the Council approved the North Wales Population Needs Assessment Report produced in accordance with the requirements of the Social Services and Well-being (Wales) Act 2014.  Alongside this, in order to respond to the legislative requirements in full, and in accordance with the Cabinet's recommendation (14 February 2017), there would be a need to ensure that a Gwynedd-specific version of the Population Needs Assessment Report would be produced soon.

The accuracy of the population projections that anticipated an increase in Gwynedd but a reduction in Anglesey was questioned, because if Wylfa B would be realised, the island's population would increase substantially.   In response, the Cabinet Member explained that the report was an annual assessment of annual needs, and as time progressed and information became clearer, the content would be amended to reflect the situation at the time.

RESOLVED to approve the North Wales Population Needs Assessment produced in accordance with the requirement of the Social Services and Well-being (Wales) Act 2014.

To consider the report of the Cabinet Member for Children and Young People  (attached)

In the absence of the Cabinet Member for Children, Young People and Leisure, the Cabinet Member for Education submitted the annual report of the Corporate Parenting Panel which highlighted the role and responsibilities of the Council to act as corporate parents to looked after children, shared information about the panel's implementation over the 2016/17 year and outlines the panel's intentions for the future.

The panel was asked to consider establishing a working group to consider the impact of welfare reform on the numbers of children coming into care. The Cabinet Member agreed that the figures had increased somewhat; however, he emphasised that the increase would have been much greater without the efforts of the Edge of Care Team to prevent children from coming into care.

To consider the report of the Deputy Leader  (attached).

The Deputy Leader submitted a report seeking approval from the Council for officers to draw up draft proposals for the Local Democracy and Boundary Commission Wales in the period prior to the election in order to meet a challenging timetable.

During the discussion the following matters were raised:

·         It was asked whether or not a consultation would be held with town and community councils prior to the election. The Chief Executive noted that the end of May was the closing date for observations for everyone, excluding this Council. Should the community councils wish to present comments to the Commission, it was important for them to do so and it would be beneficial if they would send a copy of their responses to this Council also. If community councils wished to see the draft proposals of this Council first, they would have to wait until the beginning of May.   As a result, he would advise them to meet in May, however, he suggested that the member should come to see him if he wished to receive a further explanation.

·         It was asked whether or not the review would also include ratepayers as there were more ratepayers than electors in a number of areas. The Chief Executive replied noting that he was almost certain that ratepayers as such would not count.

·         In response to an enquiry regarding the cost of this review and also the White Paper on local government reform, the Chief Executive noted that he could make enquiries, but that it would be the government, rather than the Council, who would be responsible for any costs.

·         It was suggested that the Commission did not understand the geography of this county. The Chief Executive replied noting that this was why it was important for this Council to propose observations.

          RESOLVED that the Council acts pro-actively in order to make proposals to the Local Democracy and Boundary Commission Wales within a proposed timetable to be agreed with them, and follow the steps noted below in order to act as follows:-

·         Pre-election period: Officers to create draft proposals and consult (where required and where possible within the timetable), with relevant members and community councils.

·         Share draft proposals with all new Council members following the election.

·         The Audit Committee (as those charged with governance) to consider the proposals and observations from members and to decide upon the draft recommendations to be submitted to the Council.

·         The Full Council in June 2017 to make a decision on the proposals to be submitted to the Commission.

In accordance with the Notice of Motion received under Section 4.20 of the Constitution, Councillor Lesley Day will propose as follows:-

“Many parts of Gwynedd are suffering from problems caused by those who persist in disposing of household rubbish on the wrong day or on the wrong way.  Recyclable waste is sent to landfill, overflowing bins are left out on pavements.  Rats and seagulls scatter the waste further.  Our hard working officers and refuse collectors work incredibly hard to deal with the mess but cannot cope with the scale of the problem.  The result is hazardous to health and the environment.  Ultimately there will be massive costs for the Council as we fail to reach our recycling targets.  Yet the offenders get away with it. No one is fined or punished.

I call upon the Council to request  the Cabinet Member for Environment  to consider introducing effective sanctions as a matter of priority and that the matter should be reviewed by Scrutiny Committee by December 2017.”

Submitted - the following notice of motion by Councillor Lesley Day, in accordance with Section 4.20 of the Constitution and it was seconded:

"Many parts of Gwynedd are suffering from problems caused by those who persist in disposing of household rubbish on the wrong day or in the wrong way.  Recyclable waste is sent to landfill, overflowing bins are left out on pavements. Rats and seagulls scatter the waste further.  Our hard working officers and refuse collectors work incredibly hard to deal with the mess but cannot cope with the scale of the problem. The result is hazardous to health and the environment. Ultimately there will be massive costs for the Council as we fail to reach our recycling targets. Yet the offenders get away with it. No one is fined or punished.

I call upon the Council to request the Cabinet Member for Environment to consider introducing effective sanctions as a matter of priority and that the matter should be reviewed by Scrutiny Committee by December 2017."

In response to the proposal, the Cabinet Member for Environment noted:

·         That there was a need to be very cautious by issuing a fine or penalty as some people were elderly and confused, or did not understand the system. 

·         That the Council was entitled to fine people for placing the wrong materials in the wrong bins or for putting out bins on the wrong days, but there was a need to consider the implications of that to the Council.

·         That it was suggested that the new-look Communities Scrutiny Committee established an investigation into the matter as one of its first functions.

During the discussion, it was noted:

·         There was a need to address this environmental problem that caused a health risk as well as a financial risk to the Council.

·         That everyone could do as they pleased and that there was no incentive to make people improve.

·         That the refuse collection arrangements worked well in some areas but the system needed to be reviewed in areas with a high density of homes as people did not have enough room to store bins and recycling boxes.

·         That community bins were also problematic.

·         That companies used excessive packaging materials for foodstuffs.

RESOLVED to adopt the proposal.