TO: ALL MEMBERS of the COUNCIL Dear Sir / Madam, A
Total Page:16
File Type:pdf, Size:1020Kb
Barry Davies LL.B (Hons) Solicitor/Cyfreithiwr County Legal and Democratic Services Officer Swyddog Gwasanaethau Cyfreithiol a Democrataidd y Sir TO: ALL MEMBERS OF THE COUNCIL Your Ref / Eich Cyf Our Ref / Ein TW Cyf Date / Dyddiad 30/10/2008 Ask for / Mike Thomas Gofynner am Direct Dial / 01352 702324 Rhif Union Fax / Ffacs Dear Sir / Madam, A meeting of the FLINTSHIRE COUNTY COUNCIL will be held in the COUNCIL CHAMBER, COUNTY HALL, MOLD on TUESDAY, 06 NOVEMBER 2007 at 14:00 to consider the following items. Yours faithfully Assistant Director (Democratic Services) A G E N D A 1. PRAYERS 2. APOLOGIES FOR ABSENCE 3. PUBLIC QUESTION TIME In accordance with the decision taken at the Annual Meeting held on 22 June, 2004 the Public Question Time session is now part of the Council meeting agenda. The Monitoring Officer will report to the meeting on any questions that have been received. 4. COUNCIL MINUTES To confirm as a correct record the minutes of the meeting held on 31 July 2007 and of the Special Meeting on 27 September 2007 (copies enclosed) 5. DECLARATIONS OF INTEREST To receive any Declarations of Interest from Members. County Hall, Mold. CH7 6NA Tel. 01352 702400 DX 708591 Mold 4 www.flintshire.gov.uk Neuadd y Sir, Yr Wyddgrug. CH7 6NR Ffôn 01352 702400 DX 708591 Mold 4 www.siryfflint.gov.uk The Council welcomes correspondence in Welsh or English 1 Mae'r Cyngor yn croesawau gohebiaeth yn y Cymraeg neu'r Saesneg Flintshire County Council 6. NOTICE OF MOTION The following Notice of Motion has been received from Councillor T. Renshaw "Delivery of Health Services in Flintshire" That in view of the funamentally flawed consulation process undertaken by the Flintshire Local Health Board, pertaining to the provision of a primary health care resource centre in Flint and the genuine perceived views of many elected Members that there has been a significant failure to deliver in regard to improved surgery facilities. We, Flintshire County Council, call upon the Minister responsible, Mrs Edwina Hart MBE, AM, to realign the Local Health Boards based on the voluntary model being carried out by Conwy and Denbighshire. 7. CHAIRMAN'S COMMUNICATIONS 8. VACANCY - CONNAH'S QUAY SOUTH ELECTORAL DIVISION The Chief Executive will report. 9. PETITIONS 10. EXECUTIVE AND COMMITTEE REPORTS To receive reports from the Executive and Council's Committees and receive questions and answers on any of those reports. 11. QUESTIONS FROM MEMBERS ON COMMITTEE MINUTES 23/10/2007 23/10/2007 23/10/2007 12. JOINT ARRANGEMENTS AND EXTERNAL ORGANISATIONS' REPORTS To receive reports about and receive questions and answers on the business of joint arrangements and external organisations. 13. CLWYD PENSION FUND UPDATE Report of County Finance Officer enclosed 14. REVIEW OF ELECTORAL ARRANGEMENTS FOR CILCAIN COMMUNITY COUNCIL – CILCAIN WARD AND HIGHER KINNERTON COMMUNITY COUNCIL Report of Chief Executive enclosed 15. REVIEW OF POLLING DISTRICTS AND POLLING PLACES Report of Chief Executive enclosed 16. REPORT BY THE PUBLIC SERVICES OMBUDSMAN (WALES) Report of County Legal and Democratic Services Officer enclosed 17. OVERVIEW & SCRUTINY ANNUAL REPORT Report of County Legal and Democratic Services Officer enclosed 18. FOOD SERVICE PLAN 2007/2008 Report of Acting Director of Environment & Regeneration enclosed 2 Date: 30/10/2008 Flintshire County Council 19. QUESTIONS To note the answers to any questions submitted in accordance with County Council Standing Order Number 9.4(a). 20. SEALING OF DOCUMENTS (A) To authorise the Chairman and Vice-Chairman and the County Legal and Democratic Services Officer to affix the Common Seal of the County Council between meetings of the County Council. (B) To note the Action of the Chairman and Vice-Chairman and The County Legal and Democratic Services Officer in affixing the Common Seal of the County Council as set out in the Seal Register No. 8870-9068. 3 Date: 30/10/2008 FLINTSHIRE COUNTY COUNCIL 31st JULY 2007 Minutes of the proceedings of the Meeting of the Flintshire County Council held in County Hall, Mold on Tuesday 31st July 2007. PRESENT Councillor Mrs A Minshull (Chair) Councillors: Mrs D Banks (Vice Chair), L A Aldridge, J B Attridge, S R Baker, D Barratt, Colin Bithell, D Butler, J C Cattermoul, D M D Clayton, D L Cox, P J Curtis, R Davies, Mrs G D Diskin, Q R H Dodd, R C Dodd, C J Dolphin, B Dunn, C A Ellis, D Evans, E F Evans, F Gillmore, J J Griffiths, Mrs R Griffiths, R G Hampson, P G Heesom, M Higham, H T Howorth, H D Hutchinson, H T Isherwood, G A Jones, J F Jones, R K Jones, Mrs S Jones, C Legg, E E Matthews, Nancy M Matthews, Mrs H J McGuill, W Mullin, J Ovens, M J Peers, N Phillips, T Renshaw, K W Richardson, H G Roberts, L A Sharps, C Shone, A P Shotton, I R Smith, N R Steele- Mortimer, W O Thomas, T Walker, W M Warburton, D T M Williams, G D Williams, D E Wisinger, A Woolley and M J Wright. APOLOGIES Councillors: J G Beard, R C Bithell, A G Diskin, H Gambino, R J T Guest, A E Hannah, G Hardcastle, N Humphreys, R P Macfarlane, I B Roberts, Pamela J Walkden and D R Wilkes. IN ATTENDANCE Acting Chief Executive, County Legal and Democratic Services Officer, County Finance Officer, Assistant Director ICT and Customer Services, Head of Technical Services (Community and Housing), Interim Head of Customer and Housing Services, Assistant Director (Development and Resources), Assistant Director Community Care, Chief Planning Services Officer, Head of Democratic and Electoral Services and Democratic Services Manager. Principal Solicitor for Mniute No. 170. The Chief Executive designate was also in attendance. 164. SENIOR AIRCRAFTSMAN PETER McFERRAN At the commencement of the meeting the Council held a minutes silence as a mark of respect to Senior Aircraftsman Peter McFerran from Connah’s Quay who had been killed in action in Basra, Southern Iraq. 165. PRAYERS Immediately following the minutes silence the Chairman’s Chaplain, the Reverend Stephen Green, conducted prayers. - 1 - 4 166. AMMENDMENT TO ORDER OF THE AGENDA At the commencement of the meeting the Chair indicated that the item in relation to:- “Prohibition Order On Mineral Site At Bryngwyn Quarry, Gwernymynydd” would be brought forward in the agenda as a number of members of the public were in attendance to hear this item. 167. PUBLIC QUESTION TIME The County Legal and Democratic Services Officer reported that no questions had been received. 168. COUNCIL MINUTES a) 22nd May 2007 RESOLVED That the minutes of the meeting held on 22nd May 2007 be approved as a correct record and signed by the Chairman. In accepting the minutes as a correct record, the Leader of the main opposition group referred in particular to Minute number 148 relative to Council Plan 2007/8. Whilst noting the comments of the Leader contained in the minute, he commented that it was his understanding that the Council Plan would be subject to review and further consideration the following year. b) Special Meeting 28th June 2007 RESOLVED That the minutes of the Special Meeting of the County Council held on 28th June 2007 be approved as a correct record and signed by the Chairman. 169. DECLARATIONS OF INTEREST Councillors N Matthews, H Isherwood, M Wright, N Phillips declared an interest in respect of the following item and left the meeting whilst it was being discussed:- “Prohibition Order On Mineral Site at Bryngwyn Quarry, Gwernymynydd.” - 2 - 5 Councillor Stella Jones declared an interest in respect of the following item and left the meeting whilst it was being discussed:- “Clwyd Pension Fund Change in Policy On Abatement.” 170. PROHIBITION ORDER ON MINERAL SITE AT BRYNGWYN QUARRY, GWERNYMYNYDD The Council considered the joint report of the Acting Director of Environment and Regeneration and the County Legal and Democratic Services Officer previously circulated. The purpose of the report was to seek authorisation to serve a prohibition order in relation to land at Bryngwyn Quarry, Gwernymynydd under the provisions of Section 102 of, and Schedule 9 to the Town and Country Planning Act 1990. A plan showing the quarry was attached as Appendix 1 to the report. In presenting the report the County Legal and Democratic Services Officer indicated that the recommendation contained in his report had been approved by the Executive at a meeting held on 15th May 2007. However, prior to its proposed submission to the County Council meeting on 22nd May 2007 a letter was received from solicitors acting for the quarry operator. In the light of certain matters raised in that letter the report was deferred from that meeting. Advice had since been obtained from both Counsel and Geological and Environmental consultants. The advice received was incorporated in the report. The County Legal and Democratic Services Officer reported that earlier in the day, at 12.22 pm a further letter had been received form Aaron & Partners, the solicitors acting for the owners of the quarry. A copy of that letter had been circulated to the Members at the commencement of the meeting. The Council agreed an adjournment of ten minutes to allow them the opportunity to read the letter from the solicitors. When the meeting resumed the County Legal and Democratic Services Officer continued his report. He advised that although the letter had only been received shortly before the meeting the Council’s consultants, Halletec Associates, had examined the content of the letter and expressed a view that it did not alter their overall conclusions. Counsel had also indicated that they felt it was in order for the Council to proceed at this meeting on the basis of the recommendation contained in the report.