Shrewsbury & Atcham
Borough Council

To approve as a correct record the Minutes of the meeting of the Council held on 19^th May 2005.

2. DECLARATIONS OF INTEREST AND DISPENSATIONS

In accordance with Section 94 of the Local Government Act 1972 (as amended) Section 106 of the Local Government Finance Act 1992 and the Council's Constitution members are reminded that they should declare any interests and dispensations granted in respect of items which are to be discussed at the meeting.

3. COMMUNICATIONS

To receive such communications as the Mayor, Leader, Members of Cabinet or the Chief Executive may desire to lay before the Council.

4. PUBLIC QUESTION TIME

(a)  The following question will be asked by Mr Toby Green of Trinity Street, Shrewsbury of the Portfolio Holder for Transport and Air Quality, Councillor Roberts:

"Given that all research shows that new roads lead to an increase in traffic, and therefore in carbon emissions, how does supporting the North-West Relief Road fit in with the aims of the Darwin Conference on climate change, sponsored by the Council?"

(b)  The following question will be asked by Mr Toby Green of Trinity Street, Shrewsbury of the Portfolio Holder for Transport and Air Quality, Councillor Roberts:

"Given that the proposed routings for the North-West Relief Road involve the disruption of sites of special scientific interest and the old bed of the River Severn, formed over 10,000 years ago, how does supporting the North-West Relief Road fit in with the Council's stated aim that Shrewsbury should become a Centre of Environmental Excellence?"

(c) To deal with any further questions raised by members of the public in accordance with the Council's procedural rules in relation to questions at Council meetings.

5. POLITICAL BALANCE

As a consequence of a change in the number of members on the Labour, Liberal Democrat and Independent Groups, the new political balance has resulted in an alteration of the Group entitlement to the total number of seats allocated on Committees to those Groups. (Attached for consideration as Annex 1 is a possible re-allocation of some of the seats to Committees, namely the Homelessness Review, Overview, Scrutiny, Licensing and Safety, Personnel and Planning Committees and the resulting implications for the Groups).)

6. CABINET - RECORD OF DELEGATION

In accordance with the Council's Constitution the Leader (Councillor Nutting) will report for information that no delegations have been approved by Cabinet for inclusion in the Council's scheme of delegation at Part 3 to the Constitution.

7. COMMUNITY SAFETY STRATEGY 2005 - 2008 

The Portfolio Holder (Councillor Mrs Holyoak) will propose the adoption of the recommendation of Cabinet, namely:

That the Community Safety Strategy 2005/2008 be adopted.

8. FOOD LAW ENFORCEMENT SERVICE PLAN 2005/2006

The Portfolio Holder (Councillor Cooke) will propose the adoption of the recommendation of Cabinet, namely:

That the Food Law Enforcement Service Plan 2005/2006 be adopted.

The Leader (Councillor Nutting) will propose and Councillor Roberts will second the adoption of the recommendation of Cabinet, namely:

That the decision to adopt the Council Tax Base be delegated to Cabinet.

10. SNAILBEACH FARM, SNAILBEACH - CONTAMINATED LAND INVESTIGATION

The Portfolio Holder (Councillor Cooke) will propose the adoption of the recommendations of Cabinet, namely:

(a)  That remediation works be carried out, including repairing the fence, removal of contaminated soil to 250 mm depth and replace, re-seed, erect stock proof fence until grass is re-established at a cost of £55,000 and be funded by the Council as part of its statutory duty to deal with this "orphan linkage".

(b)  That in view of the relatively low cost involved, the Environmental Health Manager be authorised to liaise with the Engineering Services Manager to appoint a suitable contractor to carry out the work and the supervision of the work be carried out by the Engineering Services Manager.

(c)  That the cost of up to £55,000 be met from the General Fund Balance.

(d)  That an application be made to DEFRA for SCE funding against the costs of the work.

11. AFFORDABLE HOUSING DEVELOPMENT ON COUNCIL OWNED LAND

The Portfolio Holder (Councillor Mrs Williams) will propose that the recommendations of Cabinet be adopted, namely:

(a)  That the following principles for the development of land in Council ownership be adopted:

i.  Sites that form part of the portfolio of strategically relevant sites namely:

• Underdale Road Depot;

• Beech Tree Lodge;

• Land at Nettles Lane;

• Land in Barker Street;

• Land adjoining the Flaxmill;

• Telephone House site;

• Tesco's Arlington Way; and

• Nursery

are developed to maximise best price delivering any affordable housing in accordance with the Council's adopted planning policies.

ii  Other suitable land in Council ownership is developed to secure maximum effective affordable housing achieving a 4% return on the capital expended in delivering the scheme.

(b)  The allocation of £50,000 funded from reserved capital receipts, delegated to the Director of Development Services in consultation with the Portfolio Holder for Housing, for use by the Affordable Housing Task Group to develop schemes towards the delivery of affordable housing.

12. INTERIM AFFORDABLE HOUSING POLICIES

The Portfolio Holder (Councillor Mrs Williams) will propose and Councillor Price will second that the recommendations of Cabinet be adopted, namely:

That the Interim Affordable Housing Policies as set out in the published consultation draft be adopted, subject to the following amendments:

(a)  Inclusion of reference in the reasoned justifications of Amended HS7 and HS8 regarding the mix of affordable housing to be sought on schemes, stating that the Council will seek a mix of affordable housing to meet identified needs, based on the most up to date information available for the area concerned, and that guidance on this will be published in the Council's Annual Housing Strategy Statement.

(b)  Addition of a further tier to the cascade approach set out in paragraph 3.85 of the reasoned justification:

"(iv) Persons who are resident elsewhere and have a strong local connection with the Borough by birth or upbringing or current/proposed employment or previous period of residence".

(c)  Amendment of paragraph 3.87 to clarify that the cascade tiers are (i) resident in Shrewsbury Urban Area and having a strong local connection with Shrewsbury Urban Area; (ii) resident in the Borough and having a strong local connection with the Borough; and (iii) resident elsewhere and having a strong local connection with the Borough.

(d)  Amendment of paragraph 3.85 (b) to state that the calculation of affordability will be based on the average gross weekly earnings figure for Shropshire, frozen at 2004 levels until matched and then replaced by the median gross weekly earnings figure.

13. PUBLIC CONVENIENCE PROVISION IN SHREWSBURY

The following Cabinet decision was called in by the Scrutiny Committee and the result of their deliberations will be considered at the special Cabinet meeting to be held on 21^st July, the outcome of which will dictate whether or not Council will still need to consider the issue:

(d) That the present toilets in Abbey Foregate be marketed and the monies received be ring fenced towards the provision of new toilets in the Abbey Foregate area.

14. STATEMENT OF COMMUNITY INVOLVEMENT

The Portfolio Holder (Councillor Price) will propose that the recommendation of Cabinet be adopted, namely:

That the draft Statement of Community Involvement be approved subject to the amendments outlined in the officer responses in Annex A and formally submitted to the Secretary of State.

15. CONSTITUTION - REVIEW OF FINANCIAL PROCEDURES

The Chairman (Councillor J P Jones) will propose and Councillor Armstrong will second that the recommendations of the Standards Committee be adopted, namely:

That the Financial Procedure Rules be amended as follows:

"Paragraph 3.92 - Replace "Chief Accountant" with "Senior Accountant"

Paragraph 4.02(e) - delete "stores issue notes, order books"

Paragraph 4.56 - delete "pre-numbered"

Paragraph 4.58 - in the first sentence replace "sign" with "approve" and delete the words "including specimen signatures"

16. CONSTITUTION - TEMPORARY STOP NOTICES

The Chairman (Councillor J P Jones) will propose and Councillor Armstrong will second that the recommendations of the Standards Committee be adopted, namely:

That the Scheme of Delegation in the Constitution be amended in order to delegate the authority to serve Temporary Stop Notices to the Enforcement Officers.

17. INDEPENDENT REMUNERATION PANEL - MEMBERS' ALLOWANCES

To consider a report of the Independent Remuneration Panel on Members' Allowances and the recommendations therein.

18. APPROVAL OF ANNUAL STATEMENT OF ACCOUNTS

To consider a report of the Head of Finance in respect of the Annual Statement of Accounts and the recommendations therein, namely:

(a)  That the Annual Statement of Accounts for 2004/2005 be approved.

(b)  That the Annual Statement of Accounts for 2004/2005 be signed by the Leader of the Council.

(c)  That the written representations provided to the Auditor as part of the Audit of the Annual Statement of Accounts for 2004/2005 be approved.

19. HIGH HEDGES

To consider a report of the Planning Services Manager on new legislation which came into effect on 1^st June 2005 in respect of high hedges and the recommendations therein, namely:

(a)  That a flat rate fee of £320 be charged for all High Hedge complaints with refunds paid in line with an approved schedule dependent upon the stage reached in resolving the complaint.

(b)  That the Planning Services Manager be authorised to prepare standard procedures and protocols to be applied to the adjudication of high hedge complaints in accordance with the Office of the Deputy Prime Minister guidance.

(c)  That the Delegation Scheme to Officers be amended to delegate authority to determine high hedge complaints to the Planning Services Manager.

(d)  That a review be undertaken of the procedures and impacts of the high hedge legislation within 12 months of its implementation and the findings and recommendations of the review be reported to Cabinet.

20. MOTION RECEIVED ON NOTICE - SUNDORNE ROAD SPEED LIMIT

The following motion, received in accordance with the Council's procedural rules and signed by Councillors Mrs Allaway, Clarke, Moore, Parkhurst, Sambrook and Townsend will be proposed by Councillor Moore and seconded by Councillor Mrs Allaway:

"That this Council recognises the valuable benefit that will be derived from the Sundorne Sports Village to the residents of the borough.

However it also realises that a further benefit to local residents would be to lower the speed limit to 30 mph for the whole of Sundorne Road from its junction with Featherbed Lane to the junction at Heathgates Island.

This Council there requests the Chief Executive to ask Shropshire County Council to give serious consideration to the lowering of the speed limit as set out above and that a report on their response be made available to all members of Council."

21. MOTION RECEIVED ON NOTICE - SCRUTINY COMMITTEE
    The following motion, received in accordance with the Council's procedural rules and signed by Councillors Mrs Allaway, Clarke, Moore, Parkhurst, Sambrook and Townsend will be proposed by Councillor Moore and seconded by Councillor Clarke:

    "Following the advice received from the Assistant Solicitor in relation to electing a Chairperson for the Scrutiny Committee, it is apparent that there is a fundamental need to make clear interpretation of Part 4 sub-paragraph 6 on page 90 of the Constitution.

    Council therefore requests the Standards Committee to review this section of the Constitution and make recommendations thereon."

22. MOTION RECEIVED ON NOTICE - CYCLE HELMETS

The following motion, received in accordance with the Council's procedural rules and signed by Councillors Mrs Chebsey, Evans, Freestone, J P Jones and Kenny will be proposed by Councillor Mrs Chebsey:

"That this Council writes to the Government requesting that it considers bringing in legislation requiring cyclists to wear cycle helmets on and off road.

That in the meantime this Council examines the possibility of introducing a by-law requiring all cyclist to wear helmets on and off road throughout the Borough.

23. QUESTIONS BY MEMBERS

To deal with the following questions of which notice has been given in accordance with the Council's procedural rules:

(a)  The Forum

(Councillor Kenny) will ask the following question of the Portfolio Holder (Councillor Owen):

Most would agree that the IT presentation to members on 30^th June 2005 was very good. However, I have yet to receive a satisfactory explanation as to why members were not informed about the "Forum - Have Your Say on the Internet". (For those who do not know since early last Autumn, members of the public have been allowed to address the Council via the Internet about matters in their ward and there are some rather pointed questions about Councillor Richey).

Why were members not informed about the Forum and at the date of submitting the question still to be advised as to how it should work?

How does the Forum work? Who decided to introduce the scheme? When will be receive training about the Forum?

(b)  Revenue Budget - 2006/2007

(Councillor Kenny) will ask the following question of the Leader (Councillor Nutting):

How much do you see the revenue shortfall for next year? Which services are going to be cut?

(c)  Affordable Housing

(Councillor Kenny) will ask the following question of the Portfolio Holder (Councillor Price):

There are about 2000 people on the housing waiting list. You have said that the planning process will provide affordable housing. How is the Planning Process going to provide housing for the needy?

(d)  Community Safety/Re-offending

(Councillor Kenny) will ask the following questions of the Portfolio Holder (Councillor Mrs Holyoak):

• Do you think that one community safety officer and two community development workers is adequate to serve the Borough?

• What are your plans to reduce or better still eliminate the cycle of re-offending amongst drug users?

(e)  CCTV/Signal Crime

(Councillor Kenny) will ask the following questions of the Portfolio Holder (Councillor Mrs Holyoak):

Could we have an explanation as to why it took 18 months to install the CCTV camera in Abbey Foregate.

What are you going to do about signal crime in the crime hot spot areas?

24. EXCLUSION OF THE PUBLIC

The Council will be asked to pass the following resolution in respect of the relevant paragraphs of Schedule 12A of the Local Government Act 1972:

RESOLVED:

That the public be excluded from the meeting under Section 100A(4) of the Local Government Act 1972 on the grounds that the item to be considered might involve the likely disclosure of exempt information as defined in Part 1 of Schedule 12A to the Act.

The Portfolio Holder (Councillor Cooke) will propose that the recommendations of Cabinet be adopted, namely:

That the recommendations set out in the exempt report of the Environmental Health Manager be accepted and the costs of the works be funded from Reserved Capital Receipts.

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