The Chief Executive reported that apologies for absence had been received from Mr N Bardsley, Mr T Barker, Mr T Bebb, Mr T Biggins, Mr V Bushell, Mr P Cherrington, Dr J Jones, Ms A Liebich and Mr M Price.

Members are reminded that they must not participate in the discussion or voting on any matter in which they have a Disclosable Pecuniary Interest and should leave the room prior to the commencement of the debate.

Members were reminded that they must not participate in the discussion or voting on any matter in which they have a Disclosable Pecuniary Interest and should leave the room prior to the commencement of the debate.

To approve as a correct record the minutes of the previous meeting held on 21 July 2016, attached marked 3.

Contact Karen Nixon Tel 01743 257720.

Subject to it being agreed that under Minute 19, ‘Draft Shropshire Council Corporate Plan 2016/17 to 2018/19’, it was agreed that this should include d). That Climate Change would be included within the Corporate Plan, it was

RESOLVED: That the Minutes of the meeting held on 21 July 2016, as circulated with the agenda papers, be approved and signed as a correct record.

To receive such communications as the Chairman, Speaker, Leader and Head of Paid Service may desire to lay before the Council.

33.1    Chairman’s Engagements

The Chairman referred Members to the list of official engagements carried out by herself and the Speaker since the last meeting of the Council on 21 July 2016, which had been circulated at the meeting.

33.2    Professor The Lord Rees of Ludlow, Astronomer Royal

Formal congratulations were made to the Professor The Lord Rees of Ludlow, Astronomer Royal, on the bestowal of an Honorary Doctorate of Science by Harvard University on 26 May 2016.

To receive any questions from the public, notice of which has been given in accordance with Procedure Rule 14.

Two petitions have been received, each bearing over 1,000 signatures;

Firstly a petition from Mr Alan James, Branch Secretary, Shropshire Unison, actively pursuing the ‘5.4% Campaign’ to return the lost 5.4% pay back into employee’s salaries.

Secondly a petition from Mr Peter Norman, urging Shropshire Council to continue financing services for young people provided by Ludlow Foyer at the current level during 2017/18 and subsequent financial years.

Each petitioner will be allowed 5 minutes to outline their case, after which there may be a debate of up to 15 minutes, maximum.

Petitions

The Speaker advised that two petitions, each bearing more than 1,000 signatures had been received.  Each petitioner was given 5 minutes to open the debate and outline their case, which was briefly as follows;

a)    Mr Alan James, Branch Secretary, Shropshire Unison – this petition actively pursued the ‘5.4% Campaign’ to return the lost 5.4% pay back into employee’s salaries.

Mr James stated that in June 2011 Shropshire Council staff reluctantly accepted a 5.4% pay cut which was intended to be for a short time-limited period.  In fairness, he said the reduction was actually 4% due to Unison negotiating a cut in the original figure of 1.4%.  To date, this reduction has not been re-instated and the campaign proposed two parts; firstly to get the Council to debate this and vote to honour their original decision to restore Shropshire staff’s pay grades in line with the national frameworks and secondly for Council to open negotiations with Unison as to how this pay parity could be achieved in a sensible and manageable way.  The original pay cut had been staged over two years and Unison’s view was that it would not be unreasonable for any amendment to be rectified in the same manner; staged over two years across all pay grades.

The Campaign was not about greed and avarice it was about fairness, respect and recognition.

A debate ensued with the following members speaking in full support of the petition; Mr R Evans, Mr A Mosley, Mr D Kerr and Mrs M Shineton.  In formally responding to the petition, the Leader, Mr M Pate confirmed that yes, staff were the biggest asset in Shropshire Council and were very much appreciated.  However, the reality was that the revenue budget situation was worse now than it had been in the past and this was not the right time to take such action.  This was regrettable and Mr Pate did not rule it out in the future, but in being realistic, he said the formal response he was recommending as Leader would be to ‘take no further action’. 

A recorded vote was requested and duly agreed.  The result was as follows;

FOR (39):  P Adams, J Barrow, G Butler, J Cadwallader, K Calder, D Carroll, L Chapman, S Charmley, G Dakin, S Davenport, A Davies, J Everall, A Hartley, R Hughes,V Hunt, J Hurst-Knight, S Jones, N Laurens C Lea, David Lloyd, R Macey, D Minnery, C Motley, P Mullock, P Nutting, W Parr, M Pate, J Price, K Roberts, R Tindall, D Turner, A Walpole, S West, C Wild, B Williams, L Winwood, M Wood, T Woodward and P Wynn.

AGAINST (23):  A Bannerman, A Boddington, A Chebsey, T Clarke, P Dee, R Evans, H Fraser, N Hartin, R Huffer, T Huffer, J Keeley, M Kenny, D Kerr, H Kidd, J Mackenzie, P Moseley, A Mosley, K Pardy, V Parry, M Shineton, J Tandy, D Tremellen and K  ...  view the full minutes text for item 34.

To receive the report from the Portfolio Holder for Children’s Services, attached marked 6.

It was proposed by Mr D Minnery, Portfolio Holder for Children’s Service, and seconded by Mr S Davenportthat the report, a copy of which is attached to the signed minutes be received.

Mr Minnery presented and amplified his report and responded to the questions, queries and concerns raised by Members, including Mr A Mosley, Mr M Kenny, Mrs H Fraser, Mr A Bannerman, Mrs V Parry, Mr D Kerr, Mr R Evans, Mrs K Calder and Mr S Davenport.

In conclusion, he expressed his sincere thanks to Mr N Bardsley for his valuable contribution as Deputy to the Children’s Service and also thanked officers for their hard work and continued commitment.

RESOLVED:  That the contents of the report of the Portfolio Holder for Children’s Service be received.

To receive the report from the Chairman of the Young People’s Scrutiny Committee, attached marked 7.

It was proposed by Mrs J Barrow, Chair of the Young People’s Scrutiny Committee, and seconded by Mrs P Mullock that the Annual Report 2015/16, a copy of which is attached to the signed minutes, be received and agreed.

Mrs Barrow presented her report, a copy of which is attached to the signed minutes.  She thanked all those people who had been involved in the work of this Scrutiny Committee including Cllrs A Hartley, D Minnery, N Bardsley and P Mullock, for their valuable contributions.

RESOLVED: That the contents of the Annual Report of the Young People’s Scrutiny Committee 2015/16 be received.

To receive the report from the Portfolio Holder for Planning, Housing, Regulatory Services and Environment attached marked 8.

RESOLVED:  That in the Portfolio Holder’s absence, this item be deferred to the 15^th December 2016 Council meeting.

To receive the report from the Portfolio Holder for Highways and Transport attached marked 9.

It was proposed by Mr S Jones, Portfolio Holder for Highways and Transport, and seconded by Mr P Adamsthat the report, a copy of which is attached to the signed minutes be received.

Mr Jones presented his report, a copy of which is attached to the signed minutes, on undertaking his responsibilities as Portfolio Holder for Highways and Transport.  The report set out what had been achieved so far and the direction for the future.  In amplifying his report Mr Jones responded to the questions, queries and concerns raised by Members, including Mrs P Dee, Mr M Kenny, Mrs M Shineton, Mrs V Parry, Mr A Bannerman, Mrs J Barrow, Mr R Evans and Mr P Adams.

In conclusion, he expressed his thanks to officers for their hard work, but in particular to the Passenger Transport Team for their excellent work and commitment, following a local transport company folding.

RESOLVED: That the contents of the report by the Portfolio Holder for Highways and Transport be received.

To receive the report from the Portfolio Holder for Culture and Leisure attached marked 10.

Mr S West presented his report, a copy of which is attached to the signed minutes, on undertaking his responsibilities as Portfolio Holder for Culture and Leisure.  Mr West amplified the report and responded to questions, queries and concerns raised by Members, including Mr A Bannerman, Mrs V Parry, Mrs H Fraser, Mrs P Dee Mr R Evans, Mr K Pardy, Mr A Mosley and Mrs C Motley.  Special thanks were also conveyed to Mr George Candler by Mr West.

At page 12, it was noted that Wem Library closed at 5.00pm on Tuesday and Thursdays (not Wednesdays as printed).

RESOLVED: That subject to the foregoing, the contents of the report by the Portfolio Holder for Culture and Leisure be received.

To receive the report from the Chairman of the Environment & Services Scrutiny Committee, attached marked 11.

Mr V Hunt presented a report, a copy of which is attached to the signed minutes, which gave an overview of the work of the Environment and Services Scrutiny Committee during 2015-16, its plans for the forthcoming year and its achievements in providing positive outcomes for local people.

RESOLVED:  That the contents of the Annual Report 2015-2016 of the Environment and Services Scrutiny Committee be received.

Report of the Head of Legal & Democratic Services is attached marked 12.

Contact Claire Porter Tel 01743 252763.

It was proposed by the Leader, Mr M Pate, and seconded by Mr M Wood that the report of the Head of Legal and Democratic Services, a copy of which is attached to the signed minutes and the recommendations contained therein, be received and agreed.

An amendment was moved by Mr M Kenny and seconded by Mr R Evans that all Scrutiny Chairman’s Special Responsibility Allowances should be reduced by 50% and the savings (£14,392.50) be used to resolve issues within the Youth Service.

In the light of this amendment the following members declared a conflict of interest and duly left the room whilst the item was being discussed; Councillors A Mosley, J Tandy, M Shineton, P Dee, P Moseley, V Hunt and K Pardy.

When put to the vote this amendment was lost with the majority voting against.

In debating the report of the Independent Remuneration Panel (IRP) Mr R Tindall specifically asked for the views of Deputy Portfolio Holders to be taken account of in future.

Mr D Kerr highlighted that he had not been invited to the last IRP meeting as Leader of the Green Party, which Mr Pate apologised for.

          RESOLVED:

(a)  That the Special Responsibility Allowance paid to the Scrutiny Chairman be continued at its present level on the basis that further changes are expected to be made to the existing Scrutiny Committee structure following the establishment of the next administration in 2017 and implemented later that year.

(b)  That although a 1% increase to the basic allowance to Members - which reflects that given to local authority staff - would seem to be appropriate, no increase in basic allowance should be implemented until it can be funded by a simplification of the current SRA structure as part of a thorough review.

(c)  That, following the establishment of the next administration in 2017, a thorough review should be undertaken at the earliest possible opportunity thereafter and that it should address the specific items mentioned previously but should also look more broadly at the allowances structure with a view to their continued relevance, utility and appropriateness.

(d)  That, as part of the above-mentioned review, consideration be given to:

·       The adoption of a slimmer, simplified approach to Special Responsibility Allowances

·       In so far as it possible and aligned to the previous point, seeking to reduce the size of the overall allowances budget whilst at the same time, recognising appropriately the contribution of members

·       The Scrutiny Function being restructured and simplified such that it better reflects the work that it needs to do in holding the administration to account and the work done by those involved is recognised appropriately.

Report of the Head of Finance, Governance and Assurance is attached, marked 13.

Contact James Walton Tel 01743 255011.

It was proposed by Mr M Pate, and seconded by Mr L Chapman, that the report (including an Addendum), a copy of which is attached to the signed minutes and the recommendations contained therein, be received and agreed.

RESOLVED:

a)    That the Council Policy for Debt Collection of Council Tax, Business rates and Housing Benefit Overpayment set out in Appendix A be approved.

b)    That the Council Policy for Debt Collection of Council Tax, Business Rates and Housing Benefit Overpayment be reviewed every three years.

Report of the Head of Finance, Governance and Assurance is attached, marked 14.

Contact James Walton Tel 01743 255011.

It was proposed by Mr J Cadwallader, and seconded by Mr D Turner, that the report, a copy of which is attached to the signed minutes and the recommendations contained therein, be received and agreed.

The Portfolio holder invited members with detailed questions to see him after the meeting.

RESOLVED:

a)    That 2015/16 Statement of Accounts be approved and that the Chairman of the Council signs them (in accordance with the requirements of the Accounts and Audit Regulations 2015).

b)    That the Head of Finance, Governance and Assurance be authorised to make any minor adjustments to the Statement of Accounts prior to the 30^th September 2016.

c)     That the Head of Finance, Governance and Assurance and the Chairman of the Audit Committee sign the letter of representation in relation to the financial statements on behalf of the Council and send to the External Auditor.

Report of the Head of Finance, Governance and Assurance is attached, marked 15.

Contact James Walton Tel 01743 255011.

It was proposed by Mr M Pate, and seconded by Mr M Wood, that the report, a copy of which is attached to the signed minutes and the recommendations contained therein be received and agreed.

RESOLVED UNANIMOUSLY: That the position as set out in the Annual Treasury report 2015/16 of the Head of Finance, Governance and Assurance be approved.

Report of the Head of Legal and Democratic Services is attached, marked 16.

Contact Claire Porter Tel 01743 252763

It was proposed by the Leader, Mr M Pate, and seconded by Mr G Butler, that the report, a copy of which is attached to the signed minutes and the recommendations contained therein be received and agreed.

RESOLVED:  That the recommendations of the Community Governance Working Party (as detailed within the report) in respect of the following parishes be approved:

·       Abdon and Heath

·       Adderley, Market Drayton and Moreton Say

·       Albrighton

·       Wem Rural, and

·       Wroxeter and Uppington.

To receive the report of the Director of Place and Enterprise is attached marked 17.

Contact George Candler Tel 01743 258671

It was proposed by Mr L Chapman, and seconded by Mr M Kenny that the report, a copy of which is attached to the signed minutes and the recommendations contained therein, be received and agreed.

RESOLVED:  That Policies R1-5; SC1-2; SCL1; TP1 and 5; HCD1 and 3-7; HBA1-3 and 5; GS1-4; and GA1-6 of the Underdale, Monkmoor and Abbey (UMACC) Community Led Plan (pages 21-28 of Appendix 1) be adopted as material considerations for the purpose of development management decisions by the Council in its role as Local Planning Authority.

The following 3 motions have been received in accordance with Procedure Rule 16:

18.1    From Councillor Andy Boddington:

‘In March, the Communities Department published its final Statutory Guidance on the Flexible Use of Capital Receipts. This guidance will allow Shropshire Council to use capital receipts for service transformation from 1 April 2016 to 31 March 2019.

The guidance states:

“Qualifying expenditure is expenditure on any project that is designed to generate ongoing revenue savings in the delivery of public services and/or transform service delivery to reduce costs and/or transform service delivery in a way that reduces costs or demand for services in future years for any of the public sector delivery partners.  Within this definition, it is for individual local authorities to decide whether or not a project qualifies for the flexibility.”

This Council requires that Shropshire Council allocates a proportion of income from future capital sales to the County’s Town and Parish Councils to support their contribution to transforming service delivery.’

18.2    From Councillor Viv Parry:

‘The Council instructs the Chief Executive to write to the Government asking it to ensure fair transitional arrangements for all women born on or after 6th April 1951. This cohort has unfairly borne the burden of the increase to the State Pension Age (SPA).  Hundreds of thousands of women have had significant changes imposed on them with a lack of appropriate notification after the 1995 Conservative Government’s Pension Act included plans to increase women’s SPA to 65, the same as for men.

Retirement plans for thousands of women have been shattered a as result with devastating consequences.’

18.3    From Councillor Roger Evans:

‘This Council notes the recent announcement by the Government to postpone the 6% cut to Community Pharmacy Funding from October 2016.  This would, if implemented, have resulted in a reduction of £170m to a much needed and valued service.

The LGA on behalf of its 370 councils warned that implementing the cut would put many at risk of going out of business and so pull the plug on a vital lifeline for many elderly and vulnerable patients.  Any reduction in Pharmacies would also impact adversely on our NHS and our hard-pressed GP Surgeries.

This Council requests the Chief Executive to write to the Prime Minster and all our MPs asking them to make this postponement a permanent one and so maintain the budget at its present level.  As the largest inland rural county, many of our small communities would be adversely affected by the closure of any of the present Pharmacies.’

47.1    The following motion was proposed by Mr A Boddington and duly seconded by Mr R Evans:

“In March, the Communities Department published its final Statutory Guidance on the Flexible Use of Capital Receipts.  This guidance will allow Shropshire Council to use capital receipts for service transformation from 1 April 2016 to 31 March 2019.  The guidance states:

Qualifying expenditure is expenditure on any project that is designed to generate ongoing revenue savings in the delivery of public services and/or transform service delivery to reduce costs and/or transform service delivery in a way that reduces costs or demand for services in future years for any of the public sector delivery partners.  Within this definition, it is for individual local authorities to decide whether or not a project qualifies for the flexibility.

This Council requires that Shropshire Council allocates a proportion of income from future capital sales to the County’s Town and Parish Councils to support their contribution to transforming service delivery.’

Mr M Pate proposed an amendment, which was seconded by Mrs C Motley, to amend the motion to read as follows;

“In March, the Communities Department published its final Statutory Guidance on the Flexible Use of Capital Receipts.  This guidance will allow Shropshire Council to use capital receipts for service transformation from 1 April 2016 to 31 March 2019.

The Council therefore congratulates the Conservative Administration on its careful use of Capital Receipts to support the revenue budget to protect services.  The Council also congratulates those Parish and Town Councils who are working in partnership with the Council to continue delivering community services."

After debate and on being put to the vote, the amendment to the motion was agreed with the majority voting in favour.  The substantive motion was then put and was duly carried.

47.2    The following motion was proposed by Mrs V Parry and duly seconded by Mr R Evans:

“The Council instructs the Chief Executive to write to the Government asking it to ensure fair transitional arrangements for all women born on or after 6th April 1951.  This cohort has unfairly borne the burden of the increase to the State Pension Age (SPA).  Hundreds of thousands of women have had significant changes imposed on them with a lack of appropriate notification after the 1995 Conservative Government’s Pension Act included plans to increase women’s SPA to 65, the same as for men.

Retirement plans for thousands of women have been shattered a as result with devastating consequences.’

Mr M Pate proposed an amendment, which was seconded by Mr S Jones, to amend the motion to read as follows;

“The Council instructs the Chief Executive to write to the Government asking it to ensure fair transitional arrangements for all women born on or after 6th April 1951.

The Council welcomes the sense of equality in bringing women’s pension age level equal with men’s”.

Mrs V Parry then moved a further amendment to her original motion which was seconded by Mr R Evans as follows;

“This  ...  view the full minutes text for item 47.

To receive the report of the Shropshire and Wrekin Fire and Rescue Authority arising from its Annual meeting held on 15 June 2016 and an Extraordinary meeting held on 28 June 2016.

Report attached marked 19.

It was proposed by Mr S Westand seconded by Mr L Chapman that the report of the Shropshire and Wrekin Fire and Rescue Authority, a copy of which is attached to the signed minutes, be received and noted.

RESOLVED:  That subject to the foregoing the report of the Shropshire and Wrekin Fire and Rescue Authority be noted.

To receive any questions from Members, notice of which has been given in accordance with Procedure Rule 15.2.

The Speaker advised that six questions had been received in accordance with Procedure Rule 15 (copies of the report containing the detailed questions and their formal responses are attached to the signed minutes).

(i)    Received from Mr D Roberts and answered by Mr M Price, Portfolio Holder for Planning, Housing, Regulatory Services and Environment about licensing practices for appellants.

There was no supplementary question.

(ii)   Received from Mr D Kerr and answered by Mr R Tindall, Deputy Cabinet Member for Estates and Built Assets about notice for smallholding tenancies.

There was no supplementary question.

(iii)  Received from Mr D Kerr and answered by Mrs K Calder, Portfolio Holder for Health about the ‘White Ribbon’ standard.

By way of a supplementary question Mr Kerr asked why the Council had not met this standard yet and whether or not it would be seeking accreditation in the future.

In response the Portfolio Holder confirmed that Shropshire Council was currently reviewing this to see what was required.

(iv)Received from Mr M Kenny and answered by Mr S Jones, Portfolio Holder for Highways and Transport about the Sustainable Travel Access Fund.

By way of a supplementary question Mr Kenny asked why the Council was not applying for capital funding for the cycllng and walking network.

In response the Portfolio Holder confirmed that his response was already contained within the written response.

(v)  Received from Mr M Kenny and answered by the Leader, Mr M Pate, about the cost of refurbishing the West Wing and who was using this space.

There was no supplementary question.

(vi)Received from Mr R Evans and answered by Mr M Price, Portfolio Holder for Planning, Housing, Regulatory Services and Environment about the Ludlow Foyer and how it will continue to be financed.

By way of a supplementary question Mr Evans asked if the Portfolio Holder could give an assurance that no cuts would be made to the Foyer and that it would continue to be funded.

The Portfolio Holder was not present at the meeting and therefore this would be conveyed to Mr Price, so that he could let Mr Evans have a reply after the meeting.

To RESOLVE that in accordance with the provisions of Schedule 12A, Local Government Act 1972 and paragraph 10.4(3) of the Council’s Access to Information Procedure Rules, the public and press be excluded during the consideration of the following item:

RESOLVED:

That in accordance with the provisions of Schedule 12A of the Local Government Act 1972, and Paragraph 10.4(3) of the Council’s Access to Information Procedure Rules, the public and press be excluded during consideration of the following item.

An Exempt report by the Head of Business Enterprise and Commercial Services will follow marked 22.

Contact: Tim Smith Tel 01743 258676.

The Council received an exempt report by the Head of Business Enterprise and Commercial Services, a copy of which is attached to the signed minutes, which gave an update on the Shropshire Council Smallholdings Estate.

RESOLVED: That the exempt report and recommendation contained therein be approved.