Agenda and minutes

In opening the meeting the Chairman held a minute silence in memory of the Aberfan disaster.

The Leader took a moment to reflect and advised that Monmouthshire County Council would be observing the minute silence the following day.  The Group Leaders echoed the sentiments of the Leader and a suggestion was made that the Leader and Chairman write to  the Borough and offer the condolences of the people of Monmouthshire.

We received the Chairman’s report.

County Councillor A. Webb presented a petition for a speed limit change on the A446, between Tintern and Llandogo.

The Chair of Strong Communities Select Committee referred to a recommendation had been made by the committee that a Members Seminar be arranged regarding speeding and road safety, and requested that this be followed up.

There were no declarations of interest made by Members.

There were no items for the public open forum.

The minutes of the meeting held on 22^nd September 2016 at 2.00pm were confirmed as a correct record and signed by the Chairman.

In doing so it was noted that item 13.1 should reflect that the Cabinet Member advised that all promises made to residents would be kept.

We received the Action List of the meeting held on 22^nd September 2016.

County Councillor Greenland provided an update regarding the Velothon,  Following discussions with Run4Wales it had been agreed that there would be a rolling road closure for the 2017 Velothon professional race.  Therefore the road closures would be much less than in previous years.  We also heard there would be a shorter race, turning left at the A4042, and out of the County.  Run4Wales would engage with businesses regarding the route at an early stage.

The Chairman advised that Council would receive item 9a ahead of 8a.

That this Council will not employ anybody on "flex contract" terms and conditions. Furthermore this Council will discourage, in fact, demand that businesses supplying contract services to Monmouthshire will  also not employ any such conditions

That this Council will not employ anybody on "flex contract" terms and conditions. Furthermore this Council will discourage, in fact, demand that businesses supplying contract services to Monmouthshire will also not employ any such conditions.

County Councillor P. Clarke declared a personal, prejudicial interest pursuant to the Member’s Code of Conduct as a Director of the Glen-yr-Afon House and Three Salmons Hotel which, from time to time, contracts services to MCC, and left the meeting during discussion.

In moving the motion Councillor Easson stated that MCC should not entertain such contracts, which could be used as a way of avoiding zero hour contracts.  It thought that the issue could also be discussed at Audit Committee.

Members agreed that further clarification to explain flex contracts was needed, and this could be addressed through Audit Committee.

Councillor Easson proposed to amend the motion to include:

‘and move this discussion to the Audit Committee for determination’.

The proposal was duly seconded, and the motion was carried.

The Cabinet Member presented the report to provide full council with an analysis of the current use of zero hour / non-guaranteed hours (NGH) / casual contracts across the organisation, requested by full council on 22nd September.

During discussion we noted the following points:

·         A few discrepancies were currently being investigated and it was hoped we would be completely compliant with the current guidance as soon as possible.

·         Members received a list of areas where the contracts applied and were able to identify the services unable to exist without those arrangements.

·         The Leader of the Opposition stated that the number of zero hour contracts had more than doubled in two years, as a result of cuts and an increased reliance on casual staff.

·         Members were provided with details of zero-hour contracts with Newport City Council, but felt this was comparing bad practice against bad practice, and was not a helpful comparison.  It was disappointing that at 9% MCC is above the 5% acceptable average.

·         A Member referred to a few people who had worked 20 hours, sometimes more, for the last couple of years and were still on zero hour contracts.  It was a concern that these issues were not identified through appraisal systems.

·         It was asked if the Conservative/Liberal administration were confident and satisfied that none of the 318 people on zero hour contracts  have worked regular, weekly hours over a period more than three months as part of main stream position.

·         It was hoped that the new delivery model would not impact the people on zero hour contracts.

·         The Leader thanked officers for the information and recognised that with more work to be done, we were heading in the right direction, and was reassured with the triggers for assessment.  The Leader stated that he refused to take lectures from the Labour Group, whose many authorities across Wales were still unable to provide the living wage, unlike this Conservative controlled Council.

·         The Chief Executive suggested that the detail should be referred to the Audit Committee and agreed to discuss with the Chair of Audit. 

County Councillor Howarth proposed a motion that the Audit Committee look at the zero hour contracts within Monmouthshire County Council, and a report be presented to Council at the earliest time possible.  The motion was duly seconded.

Upon being put to the vote, the motion was carried.

Council resolved to accept the recommendations in the report, along with the proposed motion:

·         Council consider the information provided.

The Head of Legal Services and Monitoring Officer presented a report explaining that two new independent members of the Standards Committee are required to be appointed following the completion of the terms of office of two current independent members on 13th January 2017. Members were asked to recommend criteria for appointment and to establish a Panel to make recommendations to the Council for appointment.

We were advised that a Community Councillor from One Voice Wales and the Lay Member, High Sheriff had agreed to sit on the panel on this occasion.  Futhermore, an advertisement for independent members would be placed in the South Wales Argus, and associated newspapers, with the deadline date being 18^th November 2016.

We noted that existing members of Standards Committee could be nominated.

On behalf of the Conservative Group, the Leader nominated Councillor P. Jordan.

On behalf of the Labour Group Councillor Batrouni nominated Councillor J. Higginson.

On behalf of the Independent Group nominated Councillor F. Taylor.

Upon being put to the vote, Council resolved to accept the recommendations in the report:

·         To appoint three elected members to a Panel for the purposes of Regulations 15 and 16 of the Standards Committee (Wales) Regulations 2001.

·         To ask One Voice Wales to appoint a Community Council member to the Panel.

·         That the Monitoring Officer, in consultation with the political group leaders, appoints a lay member to the Panel.

·         To adopt and publish criteria for the appointment of the independent members to the Standards Committee that require: Political independence; the ability to demonstrate knowledge and understanding of legislation and guidance relating to Codes of Conduct in public life; experience in a role with public accountability; ability to challenge the Council in relation to its standards in a fair and consistent way; understanding and respect for confidentiality; demonstration of personal and financial integrity.

County Councillor L. Guppy declared a personal non-prejudicial interest pursuant to the Member’s Code of Conduct in relation to her role as a LEA Governor at Caldicot School, and a family member attending the school.

County Councillor D. Blakebrough declared a personal, non-prejudicial interest pursuant to the Member’s Code of Conduct in relation to her role as a Governor at Monmouth Comprehensive School, and a child who is a student at the school.

County Councillor R. Edwards declared a personal, non-prejudicial interest pursuant to the Member’s Code of Conduct as a family member attends Monmouth Comprehensive School.

The Cabinet Member welcomed The Head Teacher from Caldicot School, and Deputy Head from Monmouth Comprehensive school to the meeting.  Council were presented with a report which provided an update on the progress with the Future Schools Programme and to suggest changes to the approved capital programme that will enable full delivery of two new schools to replace Caldicot School and Monmouth Secondary School.

The Chairman advised that he had received a letter on behalf of the pupils of Caldicot School thanking MCC for its decision to build the new school, and expressed gratitude to Councillors. 

Following a presentation by the 21^st Century Schools Manager debate ensued, during which time the following points were noted:

·         County Councillor Hayward expresses disappointment that the budget was already 15% overspent and questioned the justification for this.  It was thought that fixed costs should be identified particularly as ground conditions were known prior to the start of the build.  Further explanation regarding payment of costs was requested.

·         There were concerns that the demolishing of the swimming pool would mean there would be no pool available for at least 12 months.

·         The Cabinet Member responded that the cost of building materials and labour costs would remain the same regardless of the chosen site.  The disruption to the school was known, and had been planned for.  The costs were now fixed and any overspend would now be picked up by contractors. 

·         It was confirmed that the costs of borrowing for the additional capital budget required would come out of the maintenance costs for the school, not staff costs.  The cost of maintenance for a new school would be minimal.

·         It was confirmed that the school requires continuity of use of the sports hall, and there would be no other option than to close the hall for a period of time

·         Members referred to  2.1.3 in the report:

Agree to give delegated authority to the Cabinet Member for Resources, in consultation with the Chief Officer Resources and the Head of Finance to determine the best funding package for the Council contribution of £5.95 million having regard to:

§  Opportunity to release additional Council owned assets for disposal;

§  Prudential borrowing opportunities with annualised contributions from Caldicot and Monmouth School budgets recognising significant energy efficiency improvements and elimination of any material need for building maintenance         for an extended period.

§  Inclusion within the Medium Term Financial Plan of a revenue  ...  view the full minutes text for item 11a