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MINUTES OF COUNCIL

VIEWS: 4 PAGES: 7

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									CL –21.07.08

MINUTES OF COUNCIL 21ST JULY 2008 PRESENT: The Deputy Mayor (Councillor Parkhurst JP) Councillors Adams, Mrs. Allaway, Barker, Bebb Mrs Brennand, Bushell, Clarke, Cooke, Durnell, Mrs Holyoak, Jetson, Mrs. Jones, Kenny, Lord, Moore, Nutting, Mrs Owen, Owen, Mrs Parsons, Price, D. Roberts, K. Roberts, Sambrook, Mrs Sandford MBE, Sheppard, Tandy and J.M. Williams, Officers in attendance: Council Manager, Assistant Council Manager (Town Clerk), Head of Finance, Assistant Solicitor (Deputy Monitoring Officer) and Senior Committee Services Officer. Also in attendance: Mrs. J. Buckley (Chairman of the Standards Committee). APOLOGIES FOR ABSENCE: The Mayor (Councillor Mrs Chebsey), Councillors Farmer, Freestone, Townsend, Ms Wild, Mrs Williams, S. Williams and Dr Winchester. MINUTES: 15th May, 23rd June and 30th June 2008 – confirmed. PRAYERS: Prayers were said by the Reverend Thomas. 66/08 COMMUNICATIONS

On behalf of the Mayor, the Deputy Mayor thanked those members already kindly supporting the Charity Flower Show Lunch being held on Sunday 17 th August at 12.30 p.m. for 1.00 p.m. He then indicated that some tickets were still available. He then reminded members and encouraged them to support the forthcoming Battle of Britain Service, particularly as 90 years of the Royal Air Force was being celebrated this year. The service would be held at St. Chad‟s Church on Sunday 14 th September at 11.30 a.m. 67/08 POLITICAL BALANCE

It was proposed by Councillor Nutting, seconded by Councillor Moore and RESOLVED: That the allocation of seats to Committees be in accordance with the rules of political balance and as set out in the Annex submitted to Council. 68/08 ABBEY FOREGATE, FRANKWELL MAIN AND ST JULIAN’S FRIARS CAR PARKS

It was proposed by Councillor Bebb and seconded by Councillor D. Roberts that the following recommendations be approved:
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(a)

That from 1st September 2008 until 31 st December 2008 the Council provides free parking between 2 and 8 p.m. on Wednesdays at Abbey Foregate, Frankwell Main and St. Julian‟s Friars car parks. That the estimated cost of £37,000 income foregone is funded from: £10,000 from Destination Shrewsbury trading account. £7,000 from Market reserve. £20,000 from general balances.

(b)

It was moved as an amendment by Councillor Tandy and seconded by Councillor Mrs. Parsons that recommendation (b) be re-lettered (c) and a new recommendation (b) be inserted as follows : That officers in conjunction with Shropshire County Council look at the possibility of making Park & Ride free on a number of days during the same period to further assist those people who wish to make use of the service which in turn will support business within the town. That a report back to the first available Cabinet meeting be presented in order for Cabinet to make a decision. On being put to the meeting the amendment was carried with 13 members voting in favour and 5 against. It was moved as a second amendment by Councillor Kenny and seconded by Councillor Durnell that the recommendations be amended by the addition of the following further recommendation: That an analysis of the economic impact of the proposal on the town be undertaken. On being put to the meeting the amendment was lost with 8 members voting in favour, 14 against and 2 abstentions. The original motion as amended was then put to the Council and, with 1 abstention, it was RESOLVED: (a) That from 1st September 2008 until 31 st December 2008 the Council provides free parking between 2 and 8 p.m. on Wednesdays at Abbey Foregate, Frankwell Main and St. Julian‟s Friars car parks. (b) That officers in conjunction with Shropshire County Council look at the possibility of making Park & Ride free on a number of days during the same period to further assist those people who wish to make use of the service which in turn will support business within the town. That a report back to the first available Cabinet meeting be presented in order for Cabinet to make a decision.
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(c)

That the estimated cost of £37,000 income foregone is funded from: £10,000 from Destination Shrewsbury trading account. £7,000 from Market reserve. £20,000 from general balances.

69/08

LOCAL GOVERNMENT ELECTIONS 2009

It was proposed by Councillor Nutting, seconded by Councillor D. Roberts and RESOLVED: That the Government be informed that this Council considers that the English Local Government Elections in 2009 should be held on 7 th May 2009 and the suggested responses to the Government‟s questions on the matter as set out in the Annex submitted to Council be endorsed 70/08 DETERMINATION OF LOCAL COMPLAINTS AGAINST MEMBERS WHO MAY HAVE BREACHED THE CODE OF CONDUCT

In accordance with Rule 14.4 of the Council Procedure Rules in the Council‟s Constitution, Mrs. J. Buckley, Chairman of the Standards Committee, presented the Standards Committee‟s report and recommendations. It was then proposed by Councillor Nutting, seconded by Councillor Bebb and RESOLVED UNANIMOUSLY: (a) That the establishment of assessment, review and hearings subcommittees of the Standards Committee be approved and that authority be delegated to the Monitoring Officer in consultation with the Chairman or in his/her absence the Vice-Chairman to determine the membership of each sub-committee. (b) That the proposed amendments to the Constitution, Standards Committee General Procedure Rules and Scheme of Delegation to Officers as a consequence of the Standards Committee (England) Regulations 2008 as set out in Annex B to the report of the Monitoring Officer submitted to Council be approved. (c) That the Monitoring Officer be requested to carry out any other measures or take action in respect of procedures required to be fulfilled as a result of the introduction of the local assessment of complaints against members who may have breached the Code of Conduct. 71/08 ELECTORAL REVIEW RECOMMENDATIONS OF SHROPSHIRE: DRAFT

It was proposed by Councillor Nutting and seconded by Councillor D. Roberts that the following recommendations be approved:

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(a) That this Council delegates authority to a Working Party of 5 members to finalise the response to the Boundary Committee. (b) That the Working Party be made up of 5 members as follows: 3 Conservative Group members, 1 Labour Group member and 1 Liberal Democrat member. (c) That the Working Party work along the following recommendations: That the Boundary Committee proposals for the urban area be accepted subject to the proposed alteration to the boundary between Meole Brace and Sutton being agreed and the boundary between Radbrook and Bowbrook being altered to put Goose Hill in Bowbrook ward. (d) That with regard to the rural area, including Bayston Hill, the Council supports, subject to minor alteration by the Working Party, the wholesale changes as set out on the accompanying plan submitted to Council. (e) That the Working Party also consider proposals agreed by Shropshire County Council. It was moved as an amendment by Councillor Clarke and seconded by Councillor Moore that this Council supports the proposals agreed by Shropshire County Council at its meeting held on 18th July 2008 on the electoral review of Shropshire. On being put to the meeting the amendment was lost with 11 members voting in favour and 15 against. The original motion was then put to the Council and, with 15 members voting in favour and 10 against, it was RESOLVED: (a) That this Council delegates authority to a Working Party of 5 members to finalise the response to the Boundary Committee. (b) That the Working Party be made up of 5 members as follows: 3 Conservative Group members, 1 Labour Group member and 1 Liberal Democrat member. (c) That the Working Party work along the following recommendations: That the Boundary Committee proposals for the urban area be accepted subject to the proposed alteration to the boundary between Meole Brace and Sutton being agreed and the boundary between Radbrook and Bowbrook being altered to put Goose Hill in Bowbrook ward.
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(d) That with regard to the rural area, including Bayston Hill, the Council supports, subject to minor alteration by the Working Party, the wholesale changes as set out on the accompanying plan submitted to Council. (e) That the Working Party also consider proposals agreed by Shropshire County Council.

(At this point, following a Point of Order raised by Councillor Moore in accordance with Council procedural rule 14.12, the meeting was adjourned at 7.10 p.m. for verification of whether the motion passed was in breach of Council Procedure Rule 16.1 in that it would require a notice of motion signed by at least ten members to rescind a decision made at a meeting of the Council within the past six months. The meeting reconvened at 7.15 p.m. and the Deputy Mayor referred members to Minute 40/08 (d) from the Council meeting held on 21 st April 2008 confirming that the motion had not been passed contrary to Council Procedure Rule 16.1.) 72/08 FUEL DUTY AND VAT REVENUES

It was proposed by Councillor Nutting and seconded by Councillor Kenny that no action be taken on the following motion agreed by West Lothian Council at a meeting on 24th June 2008: “West Lothian Council expresses its extreme concerns at the rocketing petrol and diesel prices which are forcing individuals to pay sky high prices at the pumps and forcing public services and industry to finance escalating costs. Council notes that without UK taxes petrol would be currently 41.2p a litre and diesel 48.8p a litre. Council further notes that the Energy trends and Prices statistics, produced by the Department for Business, Industry and Regulatory Reform reveals that the UK‟s taxation of petrol is the third highest out of all EU member states. Council further notes that the UK treasury is netting substantially increasing Fuel Duty and VAT revenues as a direct result of the increasing fuel prices. In light of all of the above West Lothian Council calls on the current Labour Westminster Government to act decisively to protect the interests of families, public services and industry by immediately introducing a Fuel Duty Regulator which will use the increasing revenues from VAT to reduce Fuel Duty and so the price per litre of petrol and diesel. Council resolves to circulate this motion to all UK local authorities, to all West Lothian‟s MPs and to all Lothian‟s MSPs seeking their support for the above action.”
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On being put to the Council it was RESOLVED: That no action be taken. 73/08 SEVERNSIDE HOUSING ASSOCIATION – MEMORANDUM AND ARTICLES OF ASSOCIATION

It was proposed by Councillor Price and seconded by Councillor Adams that the proposed changes to the Memorandum and Articles of Association for Severnside Housing as set out in the Annex submitted to Council be accepted. It was moved as an amendment by Councillor Moore and seconded by Councillor J.M. Williams that this Council makes further representations to Severnside Housing expressing our dissatisfaction of the manner in which they intend to appoint tenant members to their Board and consider that the democratic process for such purposes should continue. On being put to the meeting the amendment was lost with 10 members voting in favour and 14 against, with 1 abstention. The original motion was then put to the Council and, with 15 members voting in favour, 8 against and 2 abstentions, it was RESOLVED: That the proposed changes to the Memorandum and Articles of Association for Severnside Housing as set out in the Annex submitted to Council be accepted. 74/08 QUESTION BY MEMBER – REVIEW OF REPORTS TO THE IMPLEMENTATION EXECUTIVE

The following question was asked by Councillor Kenny and replied to by Councillor Nutting: Question: The County Council Chief Executive consults with stakeholders about the transition to One Council. The stakeholders are representatives of the private, voluntary and public sectors, therefore as elected members it seems appropriate that we should be involved in the transition. We have the organisational structure with overview and scrutiny. The difficulty is of course time and timing. However, the Implementation Executive is made up of „champions‟ who work on various aspects of work e.g. human resources, housing etc.  Forward Plans with milestones are produced, which could be made available to SABC members.  Champions are involved with the drafting of reports to the IE and draft reports can be made available to SABC members well in advance of IE.

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I feel that SABC could make a very useful contribution especially on matters pertinent to our Borough area. Furthermore, this could be a very constructive way for members to use the time up to implementation. Would it not be worthwhile to take this approach? Answer: I actually agree with what you are trying to achieve, the problem is there is the timing of the reports and the fact that the Implementation Executive is nothing to do with this Council in that it is a decision making body of the County Council. I am quite happy for overview or scrutiny to consider any of the reports but it would have to be for members to put them forward on the agendas. All those reports are circulated if you remember, it is quite clear that, electronically, all the reports that go to the Implementation Executive and its three sub-committee‟s, the Resources Sub, Service Transition/Transformation Sub and Local Development Framework Sub, are all made available to members. So if a member wants any of those particular reports considered by Scrutiny or Overview then they simply have to place it on an agenda. What I do not think will happen is that the Implementation Executive will be able to consider their responses as there is not a formal process through from this Council to the Implementation Executive but I am quite happy to try and put forward any views that are expressed by this Council on your behalf. (As a point of information, Councillor Clarke was permitted to indicate that the Council already had an appointed member representative in Councillor Dr. Winchester on the Implementation Executive Review Panel that performs the scrutiny process for the implementation of the new unitary authority, so this Council already had, to some degree, an input into the review process which he considered adequate. He indicated further that he also took on board the points raised by Councillor Kenny that members could still pick up on any particular issues that they see and there was nothing to stop them attempting to get them raised at either overview or scrutiny.) 75/08 WAIVER OF CLAWBACK

The Deputy Mayor indicated that this item had been withdrawn.

6.00 p.m. – 7.26 p.m.

………………………………………. The Mayor ……………………………………….. Date
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