Cabinet Item 17th October 2012 3 12.30 pm Public
MINUTES OF THE CABINET MEETING HELD ON WEDNESDAY 12TH SEPTEMBER 2012
12.30 pm – 13.50 pm
Responsible Officer: Penny Chamberlain e-mail: penny.chamberlain@shropshire.gov.uk Tel: 01743 252729
Present:
Mr K Barrow (Leader) Mr G Butler, Mr S Charmley, Mrs A Hartley, Mr S Jones, Mr M Owen, Mr M Price and Mr M Taylor-Smith
60.0 Apologies for Absence
60.1 An apology for absence was received from Mrs C Motley.
61.0 Disclosable Pecuniary Interests
61.1 Members were reminded that they must not participate in the discussion or voting on any matter in which they had a Disclosable Pecuniary Interest and should leave the room prior to the commencement of the debate.
61.2 Mr P Nutting asked that it be recorded that he had left the room prior to the commencement of the discussion and voting on Minute 75 (A Business Improvement District for Shrewsbury Town Centre).
62.0 Public Questions
62.1 The Leader reported that the following statement had been received from Mr Petridis of Shrewsbury in relation to the report from the Protecting and Enhancing the Environment Scrutiny Committee on the proposed removal of the pedestrian refuge on Smithfield Road:
“The pedestrian and cycling refuge and crossing in Smithfield Road is now an established right of the people of Shrewsbury, increasing safe accessibility to the traders of the town centre, as well as allowing direct access to the new tourist asset, the Quantum Leap.
There are no proven reasons for its removal, while everyone agrees that it will soon need to be upgraded to a zebra or pelican crossing. Therefore, the only logical course of action is to wait until that time, while also improving the traffic lights coordination and continuing to take advantage of the traffic calming effect which the refuge is offering. Cabinet: 17th October 2012 – Minutes of the meeting held on 12th September 2012
The main technical aspects in assessing the refuge question are summarised below:
1. CYCLING. The Crossing is part of a strategic cycling route which forms a safe access for cyclists to the Town Centre, via Roushill. The Core Strategy, which Shropshire has adopted, specifically recommends “protecting and enhancing strategic and local cycling routes” (CS7). In fact this is the ONLY route available to reach the Market Hall area from the Welsh Bridge. Therefore the Government funds for this project were well spent.
2. USAGE. The crossing is used daily by more than 150 people according to official counts. For this level of usage the sophisticated algorithm used by the Scrutiny Committee in its current report, Recommend among other measures the use of a refuge (appendix 2), such as the one in existence. For the increased usage, which is expected after the hotel development etc, the recommendation is zebra or pelican crossing.
3. ACCIDENTS. The majority of the traffic accidents along the whole length of Smithfield Road had nothing to do with the refuge, as it has mistakenly been reported in the press. In fact the same report states that “the analysis of (these) data does not suggest that the refuge has increased accident risk”. For example, in one case “vehicle 2 following vehicle 1 into Bridge Street from Smithfield Road run under nearside wheels of vehicle’s 2 tractor unit”... In another a pedestrian was struck by a bus entering the Bus Station! And in another the driver opened a door while moving and caused an accident.
4. MERGING TRAFFIC. The merging behaviour of drivers on entering Smithfield Road from the Welsh Bridge and Bridge Road simultaneously has greatly improved with time, as anyone can see, because most drivers yield and allow merging. In the future the situation can be further improved by coordinated signalling, which is already proposed for the area!
5. TAILBACKS. There were no tailbacks at Copthorne Road or the Mount in August. If some tailbacks form later in the year at peak times, they are mostly relating to traffic heading towards the large Frankwell carpark via the Frankwell roundabout, where it has priority and as such they cannot be associated with the refuge. In any case there are no statistical data prior to the construction of the refuge for any comparisons.
6. TRAFFIC CALMING. The refuge, according to all authorities, including the Police and the Transport Department has succeeded to calm traffic along Smithfield Road, reducing the average speed by 5mph, which was a serious requirement by the same authorities before the introduction of the crossing. Therefore there is no need to seek further calming measures with their corresponding costs.
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7. TOURISM. The same crossing is also contributing to the tourist aspirations of Shrewsbury by increasing accessibility to the Riverbank and the expensive Quantum Leap, which is now another active tourist attraction for this town. Clearly this town needs to maximise the effect on tourism by all its assets. 62.2 The Leader then indicated at this point in proceedings that he intended to use his discretion to suspend the Procedure Rules with regard to the operation of public questions and statements to enable the Clerk for Shrewsbury Town Council to make her representations during Members consideration of the matters relating to the pedestrian refuge in Smithfield Road (Minute 64 refers) and the transfer of central area land etc to Shrewsbury Town Council (Minute 81 refers).
63.0 Matters Referred from Scrutiny/Council
63.1 No matters had been referred from Scrutiny/Council.
64.0 Report of the Protecting and Enhancing our Environment Scrutiny Committee regarding the proposed removal of the Smithfield Road Pedestrian Refuge, Shrewsbury
64.1 The Portfolio Holder for Learning and Skills introduced a report by the Scrutiny Committee – copy attached to the signed minutes - on the outcome of their second meeting held to consider the proposal to remove the pedestrian refuge on Smithfield Road following Cabinet’s decision to refer the matter back for further consideration to enable them to review the additional information that had become available since their initial meeting, and to consider the merits of installing an alternative traffic scheme at the location, given the wider context of traffic schemes in Shrewsbury and future developments in the locality. He indicated that the additional information was in fact an independent “sense check” of all information available and the Committee’s original recommendation, and that the second scrutiny report had found there to be little fundamental difference between both reports. More personal injuries had occurred in the locality since their consideration but only one was associated with the refuge. In supporting the removal of the refuge, the Committee had agreed that monitoring should take place in future of traffic speed and flows, with consideration being given to any further road safety enhancements, if deemed necessary. He asked Members to support the Committee’s recommendations.
64.2 The Local Member then spoke on the issue during which he indicated that a more wide ranging look should have been given to the traffic flows in the area and more time allowed before a decision was made on the issue. In referring to the statistical data on the issue, he commented that the only hard evidence available showed that there had been a reduction in traffic speed along the road which was an important traffic calming device and that this should be born in mind before removing the assistance provided by the refuge to cyclists and pedestrians. He suggested that further data on traffic flows and choices in the town centre should be sought prior to any decision being taken. In turn, the Portfolio Holder explained that the proposed new traffic signal upgrade in 3 Cabinet: 17th October 2012 – Minutes of the meeting held on 12th September 2012
the area had been well researched before being included in the programme for next year.
64.3 A second Member also spoke in favour of the refuge being retained due to its contribution to traffic calming in the area and asked that the opportunity be taken for further thought to be given as to how best to deal with traffic congestion in the area particularly in light of there being no need to travel through the town, given the other outer routes available to motorists. A third Member also spoke in favour of the refuge being kept due to the part it played in reducing traffic speeds by 5 mph along the road and commented that in his view there was no justification for the removal of the refuge which offered a safe alternative crossing area to join up these two parts of the town.
64.4 In turn a Member referred to his experience of the crossing and indicated that he would not encourage other users to use the facility as he had found the uncontrolled pedestrian feature to afford little protection and expressed support for its removal.
64.5 The Clerk for Shrewsbury Town Council then outlined their preference for the refuge to be removed in order to assist residents in the west of the town who felt the facility had contributed to increased traffic on the Copthorne and Mount approaches to this area. She commented that relatively few people used the crossing as there were sufficient, safer facilities nearby, and indicated that cyclists front wheels actually protruded into the road due to the small size of the refuge. In referring also to the detrimental effects of the refuge upon smooth traffic flows along the road and the consequential effect upon the visitor experience of the town, she asked Cabinet to support the scrutiny recommendations.
64.6 A further Member then acknowledged the reasoning behind the installation of the safe refuge in the first instance but commented that since then further works had been carried out in the area, notably around the bus station, which now provided more safe crossing facilities. He also supported the Town Clerk’s comments regarding the backing up on traffic on the approaches to the town and suggested that this resulted in motorists becoming frustrated which in turn led to more incidents and increased congestion.
64.7 Several Members of Cabinet then expressed their support for the removal of the refuge as per the recommendations from the Scrutiny Committee.
64.8 RESOLVED:
(a) That the pedestrian refuge on Smithfield Road, Shrewsbury be removed.
(b) That six months following the already proposed MOVA traffic signal upgrade in this area, officers submit a report to the Protecting and Enhancing our Environment Scrutiny Committee on the resultant traffic speeds and consideration be given to any further road safety enhancement that might be considered necessary.
65.0 Revenue Monitoring Report – Period 4 2010/13
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65.1 The Portfolio Holder for Economic Growth and Prosperity presented a report – copy attached to the signed minutes – which set out the Revenue forecast for 2012/13 as at Period 4 and identified the management actions being undertaken to ensure a balanced budget at the end of the financial year.
65.2 During the ensuing discussion a Member commented on the difficulties and challenges faced by the Council in ensuring it delivered a balanced budget and the impact of this upon the public. He referred in particular to the report due to be considered later in the meeting on Adult Social Care Services which was expected might help reduce the pressure on the day care income budget, the introduction of a spending freeze on non-essential expenditure and also the continuing recruitment freeze in assessment and eligibility which might result in further vacancy savings. Specifically he asked for details of the number of posts which were currently frozen in the assessment and eligibility service and the number projected to be frozen, and indicated that such action was not unexpected given the savings could not be realised without any impact upon services.
65.3 In response the Leader emphasised that the Council was not prepared to allow the most vulnerable people in the community to be affected and the savings would be achieved without doing so. He indicated that despite the lack of notice of the question from the Member concerned, he would arrange for the information regarding frozen posts to be forwarded to him. The Portfolio Holder also referred to her close workings with senior officers on the matter and gave an assurance that despite financial pressures, the position of the most vulnerable people in the county would not be put in jeopardy by the need to deal with the budget.
65.4 RESOLVED:
(a) That it be noted that at the end of Period 4 (27th July 2012), the full year forecast projected a potential overspend of £4.290 million.
(b) That the impact of this on the Council’s limited General Fund Balance be noted.
66.0 Capital Monitoring Report – Period 4 2012/13
66.1 The Portfolio Holder for Economic Growth and Prosperity presented a report by the Corporate Head of Finance and Commerce – copy attached to the signed minutes – on the current position of the Council’s 2012/113 to 2016/17 capital programme taking into account the latest monitoring information on the progress of the schemes, any budget increases/decreases and the re-profiling of budgets between 2012/13 and future years.
66.2 RESOLVED:
(a) That approval be given to the allocation of a further £0.55m of Corporate Resources to Disabled Facilities Grants in 2012/13, to allow the service to meet current applications for grants, whilst initiatives were implemented to manage demand within available grant going forward. This would be
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offset in 2012/13 by re-profiling uncommitted scheme budgets from 2012/13 to 2013/14 to avoid placing further pressure on the Corporate Resources financing in 2012/13.
(b) That the budget variations of £3.2m to the 2012/13 capital programme, detailed in Appendix 1&2a/Table 1 and the re-profiled 2012/13 capital budget of £71.5m be approved.
(c) That the re-profiled capital budgets of £52.7m for 2014/15, £32.7m for 2014/15 and £2.2m for 2015/16 as detailed in Table 4 and changes in Appendix 2b, be approved.
(d) That the expenditure to date of £7.8m, representing 10.9% of the revised capital budget for 2012/13, with 33% of the year having elapsed (Appendix 1) be approved.
67.0 Annual Treasury Report 2011/12
67.1 The Portfolio Holder for Economic Growth and Prosperity presented a report by the Corporate Head of Finance and Commerce – copy attached to the signed minutes – on the treasury activities of Shropshire Council for 2011/12, including the investment performance of the internal treasury team to 31st March 2012. The internal treasury team had outperformed their investment benchmark by 0.63% in 2011/12 and performance for the last three years was 0.46% per annum above benchmark. Treasury activities during the year had been within approved prudential and treasury indicators set and had complied with the Treasury Strategy.
67.2 RESOLVED:
That the position set out in the report by the Corporate Head of Finance and Commerce on the Annual Treasury report for 2011/12 be noted.
68.0 Changes to Staff Pay Reduction 2012
68.1 The Leader presented a report by the Head of Paid Service – copy attached to the signed minutes – on proposals to improve the second part of the staff pay reduction effective from 1st October 2012.
68.2 RESOLVED:
That Council be recommended to approve the following:
(a) That all staff receive a 1% pay increase effective from 1st October 2012, mitigating the second part of the pay reduction.
(b) That staff on Spinal Column Point SCP13 (£15,027) and below be fully exempted from the second part of the pay reduction.
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(c) That staff on SCP 14-17 (£15,300 - £16,376) be partially exempted from the second part of the pay reduction.
69.0 Report for the Council Leader and Head of Paid Service in respect of Safeguarding
69.1 The Portfolio Holder for Health and Wellbeing presented a report by the Group Manager for Safeguarding to the Leader and Head of Paid Service – copy attached to the signed minutes – on the annual review of Children and Young People’s safeguarding activity across the Council. In reminding all members of their corporate parenting responsibilities she indicated that details were included in the report on the progress, activity and performance as at the end of quarter 1 2012/2013 and on developments underway since the start of the financial year 2012/13. In seeking members support she explained that overall the direction of travel had been positive and services were all committed to on-going development and to the swift actioning of the safeguarding peer review action plan.
69.2 RESOLVED:
That the report of the Group Manager for Safeguarding be noted including the fact that the Safer and Confident Scrutiny Committee would continue to receive quarterly reports on safeguarding performance and that Council would receive a further report in September 2013.
70.0 Adult Social Care Services in Shropshire Day Services – Personalisation and Fairer Charging
70.1 The Portfolio Holder for Health and Well-being presented a report by the Group Manager for Assessment and Eligibility – copy attached to the signed minutes – on the progress made with realising the new strategy for adult social care “Live Life Your Way”, and helping more people to use individual personal budgets to choose social care services. In particular the report detailed the outcome of the further period of focused consultation on the personalisation of day time support and the extension of the fairer charging policy to include all day services in order to achieve this. In asking Members to support the recommendations in the report she emphasised that no-one would have to make a contribution to the cost of their care unless they had been assessed as being able to do so.
70.2 RESOLVED:
(a) That the use of personalisation and personal budgets as a means of modernising existing day service provision be supported.
(b) That the consultation feedback regarding the personalisation opportunities and issues in relation to the application of the fairer charging policy to users of day services including those provided by Shropshire Council be noted.
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(c) That approval be given to the inclusion of day services in the fairer charging policy in order to rationalise current discrepancies in the way people contributed to, and were charged for, day services. This would be effective from 19th November 2012.
71.0 Proposed Changes to the Type and Affordability of Housing SPD
71.1 The Portfolio Holder for Economic Growth and Prosperity presented a report by the Corporate Head of Strategic Planning – copy attached to the signed minutes – in relation to the Supplementary Planning Document (SPD) on the type and affordability of housing which supplemented a number of Core Strategy Policies and provided detailed guidance to assist in implementing those policies in a consistent way across Shropshire. The 2012 Review proposed a number of minor changes to the SPD, to reflect the recommendations of a Members’ Task and Finish Group on the single plot exception site policy and improvements in line with the introduction of the National Planning Policy Framework. He explained that the changes had been approved by Cabinet on 4th July 2012 for consultation, and that the final SPD reflected the responses received and provided a robust supplementary policy guidance to assist in development management decisions. He also drew attention to a number of representations received on issues outside the scope of the SPD and which would be taken forward as part of the preparation of a Development Plan Document. Details were also awaited from Government regarding other new planning proposals and information would be made available to Members as soon as possible upon receipt.
71.2 RESOLVED
That the Supplementary Planning Document on the Type and Affordability of Housing (2012 Review) be adopted, to become operational for development management decisions with immediate effect.
72.0 Update on the Future Management of Council Housing
72.1 The Portfolio Holder for Economic Growth and Prosperity presented a report by the Group Manager for Care and Well-being – copy attached to the signed minutes - on the progress made to date with the setting up of an Arms Length Management Organisation (ALMO) which had been identified as the best option for Shropshire Council housing. In emphasising that the housing stock and tenants would continue to remain under the control of the Council, and that formal consultations were still taking place with tenants on the proposal, he explained that support was being sought for a number of recommendations which would enable the necessary arrangements to be put in place to establish the new council owned housing company, albeit the moving of the housing management service into the ALMO would be subject to Cabinet consideration and approval in November.
72.2 During the ensuing discussion a Member queried whether the ALMO might be transferred into the new Council owned company ip&e Group Limited at some time in the future. In response, the Portfolio Holder indicated that the Council
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was not proposing to sell off its housing stock, but to put its management into the private sector, and that following feedback from the independent observers on the consultation thereon, any decision to do so would be subject to the approval of the HCA. The intention at this point was that the new Council owned housing company would be a separate entity to ip&e Group Limited.
72.3 RESOLVED:
(a) That, approval be given to the initial incorporation of the new Council owned housing company, including the setting up and registering of a company limited by guarantee that would act as the eventual Council owned housing company should the proposal be approved by Cabinet in November 2012.
(b) That, approval be given to the setting up of a Board for the Council owned housing company following incorporation of the Council owned housing company that consisted of: i. 5 tenants; ii. 5 council appointees; iii. 4 independent members; and iv. 1 staff member.
(c) That approval be given to the development of a process for selecting Board members. (d) That the management agreement for the proposed ALMO be developed on the basis that the Council owned housing company managed Council housing for an initial 10 years and that the functions taken on by the ALMO be as outlined in Appendix 2 of the report.
73.0 Partnership Working
73.1 The Portfolio Holder for Economic Growth and Prosperity presented a report by the Group Manager for Care and Well-being – copy attached to the signed minutes – on proposals to amend the original stock transfer agreement with Severnside Housing Association to enable provisions previously agreed by Cabinet in February 2012 to take effect retrospectively from 1st April 2011 to 31st March 2012. The introduction of the provisions one year early would further strengthen partnership working with the Association.
73.2 RESOLVED:
That the proposal to allow Severnside Housing to retain all the Right to Buy receipts for the period 2011/12 which would result in £50,000 being invested in Disabled Facilities Grants and £110,000 contributing to social housing development in the Shrewsbury area, be approved.
74.0 Application by Much Wenlock to be considered as a Neighbourhood Area
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74.1 The Portfolio Holder for Economic Growth and Prosperity presented a report by the Head of Strategy and Policy (Development Services) – copy attached to the signed minutes – which sought approval for the application by Much Wenlock Town Council for the Civil Parish of Much Wenlock to be considered an appropriate area for their neighbourhood development plan. Much Wenlock was one of five front runners in Shropshire who were piloting the work on neighbourhood planning and starting in advance of new legislation under the provisions of the Localism Act. In explaining that various other reports would be submitted to Cabinet for decision at other key stages of the process, the Portfolio Holder confirmed receipt of an email in support of the proposals from the Local Member.
74.2 RESOLVED:
That the Civil Parish of Much Wenlock form an appropriate basis for the development of a neighbourhood development plan and the Town Council be notified accordingly.
75.0 A Business Improvement District for Shrewsbury Town Centre
75.1 The Portfolio Holder for Economic Growth and Prosperity presented a report by the Area Director (Central) – copy attached to the signed minutes – on the proposal to establish a Business Improvement District in the town centre of Shrewsbury, within a boundary of “The River Loop” and the railway bridges at Castle Foregate.
75.2 RESOLVED:
(a) That the development of a Business Improvement District for Shrewsbury be endorsed.
(b) That in noting the element of risk, the making available of £70,000 to “Shop in the Loop” to develop the Business Improvement District, be endorsed.
(c) That the setting up of an Independent Steering Group to oversee the development be endorsed, and delegated authority be given to the Area Director (Central), to assemble the group working with the Portfolio Holder for Economic Growth and Prosperity.
76.0 Market Towns Revitalisation Programme (MTRP): Whitchurch Civic Centre
76.1 The Portfolio Holder for Economic Growth and Prosperity presented a report by the Area Director (North) – copy attached to the signed minutes – on additional market town funding of £50,000 which had become available since Cabinet had approved the allocation of £264,000 to the Whitchurch Civic Centre project from the MTRP Whitchurch Market Town budget. In addition Sainsbury’s had also provided funding of up to £229,000 as part of a Unilateral Undertaking associated with the new supermarket development in Whitchurch to be used for public realm improvements in the town centre including
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environmental improvements and signposting. Consent was sought to use part of this latter funding in the High Street area in front of the Civic Centre to create a new public space. The total budget for Phase 1 of the Civic Centre Redevelopment has risen and the increased budget would enable the full scope of Phase 1 as previously outlined to be achieved including significant improvements to the open spaces to the immediate front of the building.
76.2 RESOLVED:
(a) That an additional £50,000 be allocated from the Market Towns Revitalisation Programme Whitchurch Market Town budget towards the Civic Centre project, making a total of £314,000 allocated from this source.
(b) That £205,000 be allocated from the Sainsbury Unilateral Undertaking funding for public realm improvements to the front of the Civic Centre including the High Street to form part of the overall Phase 1 works.
(c) That the Area Director (North) be provided with delegated responsibility for the successful implementation of all aspects of the project and its budget including any further budget variations following consultation with, where necessary, the Portfolio Holder for Economic Growth and Prosperity.
77.0 Shropshire Council Customer Strategy 2012/2013
77.1 The Portfolio for Flourishing Shropshire Communities presented a report by the Group Manager for Customer Care and Involvement – copy attached to the signed minutes – on the Council’s proposed Customer Strategy 2012/13 which aimed to set out the current position and outline the vision for future delivery taking into account the needs of customers and well as the resources the authority had to work with. In explaining that the strategy was very much a living document, he commented that in order to progress the matter further an action plan had been drawn up to set out the key pieces of work required for the authority and its partners to understand the detail, including the future make-up of the county’s population, their expectations regarding receipt and access to information over the coming years, and therefore what service needs and delivery would look like moving forward.
77.2 RESOLVED: That the Customer Service Strategy appended to the report by the Group Manager for Customer Care and Involvement be approved.
78.0 Exclusion of the Press and Public
78.1 RESOLVED:
That, in accordance with the provisions of The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 and paragraphs 10.2 and 10.4 (category 3) of the Council’s Access to Information Rules, the public and press be excluded during the consideration of the following matters.
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79.0 Exempt Minutes
79.1 RESOLVED:
That the Exempt Minutes of the meeting held on 25th July 2012 be approved and signed by the Leader as a correct record.
80.1 The Portfolio Holder for Economic Growth and Prosperity presented an exempt report of the Group Manager for Business Growth and Prosperity – copy attached to the exempt signed minutes – on the progress made to secure external funding for the first phase of the overall masterplan for the Ditherington Flax Mill Maltings and to seek the necessary approvals.
80.2 RESOLVED:
That the Council act as Accountable Body for the HLF first round grant of £465,300, and as Accountable Body for the Stage Two process if successful.
81.0 Transfer of Central Area Land, Assets, Plant, Equipment and Staff to Shrewsbury Town Council
81.1 Prior to Cabinet’s consideration of the exempt report by the Area Director (Central) – copy attached to the exempt signed minutes – on the proposed transfer of central area land, assets, plant, equipment and staff to Shrewsbury Town Council, the Leader invited the Clerk and a local dual hatted Member to address Members at this stage. During their representations they referred to the Town Council’s strong support for the transfer, the excellent working relationship which existed between the councils and the benefits of the proposal for both councils and the town of Shrewsbury.
81.2 The Portfolio Holder for Health and Well-being then thanked everyone for their comments, presented the exempt report and proposed the officer recommendations set out therein be approved.
81.3 RESOLVED:
That the recommendations set out in the exempt report by the Area Director (Central) be approved.
82.0 Land at Sundorne Road, Shrewsbury
The Leader indicated that consideration of the exempt report by the Group Manager for Facilities Manager on land at Sundorne Road, Shrewsbury had been deferred to the next meeting of Cabinet on 14th November 2012 in order to meet the new legislative requirements relating to private meetings set out in
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The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.
(The full version of Minute 81 constitutes exempt information under category 3 of Paragraph 10.4 of the Council’s Access to Information Rules and has accordingly been with-held from publication.)
Signed …………………………………………………… (Leader)
Date: 17th October 2012
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