Cabinet 21st October 2009 Minutes of the meeting held on 23rd September 2009 Cabinet Committee Item No/Paper

21st October 2009 12.30 pm 3 Public

MINUTES OF THE MEETING HELD ON 23RD SEPTEMBER 2009 10.00 am. – 12.20 pm.

Responsible Penny Chamberlain Officer e-mail: penny.chamberlain@.gov.uk Tel: 01743 252729

Present:

K. Barrow (Leader) C. Motley and P. Nutting (Deputy Leaders) G. Butler, A. Caesar-Homden, S. P. Jones, M. Price, D. Roberts and M. Taylor-Smith

1. Apologies for Absence

1.1 There were apologies for absence from Mr S Charmley.

2. Declarations of Interest

2.1 Mr Butler declared a personal and prejudicial interest in agenda item 9 – Capital Monitoring Report – Quarter 1 2009/2010 – as he had applied for a grant from the Private Sector Assistance (Regional Housing Pot). He left the room during the consideration and voting on this item.

2.2 Mrs Caesar-Homden declared a personal and prejudicial interest in agenda item 19 – The Future of the Coroner’s Service within Shropshire – because the Mid and North Shropshire Coroner was a family friend and due to her husband’s work links with the Coroners Service. She left the room during the consideration and voting on this item.

2.3 Mr Roberts declared a personal and prejudicial interest in agenda item 19 – The Future of the Coroner’s Services within Shropshire – as a friend of the Mid and North Shropshire Coroner. He left the room during the consideration and voting on this item.

3. Minutes

3.1 The Minutes of the meeting held on 15th July 2009 were approved and signed by the Leader as a correct record.

4. Public Questions

4.1 No public questions, petitions or statements had been received. Contact: Penny Chamberlain on 01743 252729 1 Cabinet 21st October 2009 Minutes of the meeting held on 23rd September 2009

5. Matters Referred from Scrutiny/Council

5.1 No matters had been referred from Scrutiny or Council.

6. Scrutiny Committee Report Following Consideration of the Independent Policy Commission Report

6.1 The Chairman of the Children and Young People’s Services Scrutiny Committee presented a report by the Interim Chief Executive – copy attached to the signed minutes – on an update from the Committee’s recent consideration of the Independent Policy Commission’s report and the recommendations arising from that meeting. In commending the report prepared by the Commission, she asked members to take a holistic approach to the matter and support the Scrutiny Committee’s recommendations.

6.2 During the ensuing discussion a member referred to paragraph 104 of the Commission’s report and sought clarification regarding Cabinet’s position on closures particularly in respect of the smaller primary schools where the number of pupils on the roll had fallen to below 50. In response the Leader indicated that it was not the intention to close any schools except for educational reasons and pending further consultation and discussion, it would be inappropriate to make any decision on the matter at this stage.

6.3 In reply to a query from a member, the Lead Member for Children and Young People in referring to the falling school rolls and the lack of schools funds, also stressed the need at this point for members not to become embroiled in a debate on the number of pupils on a school roll. She mentioned the previous consultation carried out and stressed the importance of awaiting the outcome of the future planned consultation before any decisions were made.

6.4 RESOLVED: (a) That the Council must formulate a new vision for the future of education in Shropshire by April 2010. (b) That Cabinet receives the report and recommendations of the Independent Policy Commission, and notes the feedback from the Scrutiny Committee meeting of 16th September 2009. (c) That Council should examine the relationship between its secondary and primary schools, including the scope for reorganising individual secondary schools, by April 2010. (d) That the Council should investigate further amalgamations providing there is support for this to happen from parents, governors, Dioceses, head- teachers and teachers. (e) That and the Schools Forum should review the distribution of the Schools Funding Formula and review the structures and impact on the community by 2010/11 to coincide with the financial and academic year. (f) That Council should take an active role in promoting collaborative approaches to school reorganisation and that Cabinet and Council consider how this can best be achieved.

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7. Extra Care Housing Private Finance Initiative (PFI) – 6th Bidding Round & Department of Health Social Care PFI Credits – 2009 Bidding Round

7.1 The Portfolio Holder for Housing presented a joint report by the Director of Resources and Director of Community Services – copy attached to the signed minutes – on the latest position in relation to the bid invitations from the following:

(a) The Department for Communities and Local Government (CLG) (Homes and Communities Agency (HCA) ) in respect of the Extra Care Housing PFI – 6th Bidding Round; and (b) The Department of Health in respect of the Social Care PFI Credits – 2009 Bidding Round.

7.2 The report outlined the programme of work necessary to develop the projects included within both of the bids and outlined the timetables which would take the Extra Care bid to Financial Close and the Social Care bid to the Outline Business Case stage. The report also highlighted the likelihood of cost savings being achieved should it be possible to combine the two bids into one PFI credit.

7.3 During his presentation, the Portfolio Holder referred to the risks associated with the projects and in the mitigation of such issues, highlighted the experience to be gleaned from similar PFI schemes. He also suggested that local needs should be taken into account for the people of Shropshire, with end users being involved throughout the process.

7.4 The Director of Resources confirmed that the Department of Health had agreed to the combination of the 2 bids into one PFI credit to achieve cost savings. Approval was therefore being sought from the Homes and Communities Agency to treat the 2 bids as one for financial reasons.

7.4 RESOLVED: (a) That the current position on the Extra Care Housing Bid be noted and the officers be authorised to prepare an Outline Business Case in accordance with the timetable set out in Appendix A to the joint report by the Director of Resources and Director of Community Services. (b) That the current position on the Social Care Bid be noted and the officers be authorised to submit a formal Expression of Interest (Eol) by the end of the November 2009.

8. Budget Monitoring for the First Quarter of 2009/10

8.1 The Leader presented a report by the Director of Resources – copy attached to the signed minutes – on the projected financial position for Shropshire Council for 2009/2010. At the end of the first quarter, the projection was that the Council would overspend its 2009/2010 budget by £519,000 and an analysis of this overspend was set out in the report.

8.2 During the ensuing discussion, a member referred to the effects of the slowdown in the housing and construction sector which had resulted in an

Contact: Penny Chamberlain on 01743 252729 3 Cabinet 21st October 2009 Minutes of the meeting held on 23rd September 2009 approximate 40% reduction in the level of income expected from planning applications during the first 3 months of the financial year. He indicated that as a new authority, particular consideration needed to be given to the funding of the planning service during the forthcoming budgetary process.

8.3 In response to a query from a member regarding the projected overspend of £318,000 in Adult Social Care due largely to transition cases, the Director of Resources commented on the continual demands every year upon the Social Care budget arising from children who reached the age of 18 years and transferred across to Adult services, and pointed out the marked reference given to this issue during last year’s budget consultation process. She explained that as the funding within the school sector up to the age of eighteen was considerably more per head than was available in the social care sector, and also with an increasingly aged population, different measures were being taken and considered on an on-going basis, to provide the services in a more cost effective way. In turn the member indicated that this matter should be scrutinised carefully during the budgetary process.

8.3 RESOLVED: (a) That the projected overspend of £519,000 at the end of the first quarter of 2009/2010 be noted. (b) That the virements set out in Appendix 5 to the report, which had been approved by the Director of Resources in accordance with Financial Rules be noted. (c) That the virements set out below be recommended to Council for approval:

(i) £500,000 from Centrally Retained Grant Funding within Children & Young People’s Service to fund the pressures on out of county placements for Special Educational Needs. (ii) To fund the following “one-off” costs of the transition to a unitary council from unallocated Performance Reward Grant: . £112,000 to fund the purchase of PCs for Members. . £70,000 to fund the introduction of Audio Visual Equipment for the Committee Rooms at Shirehall. . £365,000 to fund the office relocation costs and refurbishment works associated with the unitary council. . £465,000 for the licensing costs of the Revenue and Benefits System and costs associated with agency staff supporting the implementation of the new system. . £270,000 for the costs of asbestos surveys on council wide properties. (iii) £100,000 from the Performance Reward Grant for the costs of an Employee Tribunal within Community Services. (iv) £109,000 from the Performance Reward Grant to fund the additional budgets allocated to the Local Joint Committees. (v) £51,000 from the Performance Reward Grant for the Independent Policy Commission for Primary School Reorganisation.

Contact: Penny Chamberlain on 01743 252729 4 Cabinet 21st October 2009 Minutes of the meeting held on 23rd September 2009

9. Capital Monitoring Report – Quarter 1 2009/2010

9.1 The Leader presented a report by the Director of Resources - copy attached to the signed minutes – on the position of the capital spend for the first quarter up to 26th June 2009 compared to the 2009/2010 revised capital budget. The report also identified changes to the capital budgets and re-profiling during the first quarter and explained that changes were necessary principally because external grant funding and contributions for the capital schemes had increased. The report also incorporated slippage from the previous district councils’ capital programmes following closure of their 2008/2009 capital programmes.

9.2 Particular mention was made by a member to the £100,000 budget increase for the Quantum Leap project and the proposal that it should be financed from former reserves inherited from and Atcham Borough Council. He suggested that given many people’s objection to more public monies being spent on the project, further exploration should be carried out to obtain private funding to complete the scheme. In turn the Interim Chief Executive reported that a considerable amount of monies had already been provided by the private sector for the project and commented that whilst further external funding would be sought to finance the additional costs which were in excess of the contingency sum originally set aside, if that external money was not found, it was imperative that the project be completed. For members’ information the Director of Resources confirmed that grant aid totalling £190,000 had been received towards the original project cost of £383,000.

9.3 Following comments made by a member about difficulties also experienced with the building of the Shrewsbury Sports Village, the Director of Resources confirmed that issues which had arisen with its construction had been resolved satisfactorily and that to her knowledge no other funding issues existed in relation to capital schemes inherited from Borough Council.

9.4 RESOLVED: (a) That the capital expenditure as at 26th June 2009 of £10,420,325, which represented 9.3% of the total revised budgeted expenditure for 2009/2010 be noted. (b) That the net budget increase of £2,516,163 to the 2009/10 capital budget be approved. (c) That the following budget increases from Shropshire Council Resources be approved:

(i) £100,000 budget increase for Quantum Leap financed from former reserves inherited from Shrewsbury and Atcham Borough Council. (ii) £400,000 for the purchase of land at Adderley Road, Market Drayton financed from capital receipts. (iii) £150,000 for Acton Schott Historic Working Farm financed from General Fund Balances. (iv) £454,000 for separate elements included in the Albrighton Leisure Facilities scheme financed from General Fund Balances.

Contact: Penny Chamberlain on 01743 252729 5 Cabinet 21st October 2009 Minutes of the meeting held on 23rd September 2009

(v) £247,312 for Oswald Park sustainability enhancements and additional items financed from capital receipts together with a funding virement of £580,460 from revenue reserves to capital receipts.

(d) That the re-profiling of £3,613,426 from 2010/11 to 2009/10 be approved. (e) That the slippage of £10,993,217 from capital programmes of the previous district authorities to the capital programme for Shropshire Council be approved. (f) That the revised 2009/10 capital budget of £111,500,279, as set out in Appendix 2 to the report of the Director of Resources, be approved. (g) That the revised 2010/11 budget of £96,850,747 and the 2011/12 budget of £8,744,000, as set out in Appendix 3 to the report of the Director of Resources, be approved.

10. Medium Term Financial Plan 2010/2011 – 2014/2015 and Revenue Budget 2010/2011 10.1 The Leader presented a report by the Director of Resources – copy attached to the signed minutes – on the proposed financial parameters within which the 2010/2011 Revenue Budget and Medium Term Financial Plan for 2010/2011 to 2014/2015 could be developed over the coming months by members and officers.

10.2 RESOLVED: (a) That the financial parameters set out within the report of the Director of Resources be approved as a basis on which to develop, in the coming months, the 2010/2011 Revenue Budget for Shropshire Council. (b) That it be noted that further reports would be brought forward in September/October as work on the development of the 2010/2011 revenue budget progressed.

11. Shropshire Council Procurement Strategy 11.1 The Leader presented a report by the Director of Resources – copy attached to the signed minutes – on a proposed Procurement Strategy for the Council, the primary objective of which was to procure services that were affordable, fit for purpose, met the needs of local people and service users and provided value for money. He expressed satisfaction that 60% of all Council procured services came from local companies.

11.2 During the ensuing discussion, a member queried the relationship between procurement and sustainability matters, particularly with regard to the importance given to green issues in the awarding of a contract. In response the Director of Resources explained that whilst services were procured which were fit for purpose and met the needs of users within available resources, sustainable issues were also taken in account by relevant officers to enable a balanced judgement to be taken in the awarding contracts.

11.3 The Portfolio Holder for Community Working and Customer Service suggested the Strategy should be amended to reflect the Council’s commitment to promoting sustainability and addressing the effects of climate change. Contact: Penny Chamberlain on 01743 252729 6 Cabinet 21st October 2009 Minutes of the meeting held on 23rd September 2009

11.3 RESOLVED: That the draft amended Procurement Strategy for the Council, set out in Appendix A to the report of the Director of Resources, be approved.

12. Annual Treasury Report 2008/2009

12.1 Cabinet considered a report by the Head of Finance (Treasury and Pensions) – copy attached to the signed minutes – on the treasury activities undertaken by Shropshire County Council during 2008/2009 which included the investment performance of the internal treasury team to 31st March 2009. Activities during the year had been within approved prudential limits set and had complied with the Treasury Strategy. Prudential Indicators for the former 5 district councils were also included at Appendix C to the report for the information of members.

12.2 RESOLVED: That the Annual Treasury Report for 2008/2009 by the Head of Finance (Treasury and Pensions) be noted.

13. Treasury Management Update – Quarter 1 – 2009/2010

13.1 Cabinet considered a report by the Head of Finance (Treasury and Pensions) – copy attached to the signed minutes – on the Treasury Management activities undertaken by the Council for the first quarter of 2009/2010.

13.2 RESOLVED: That the report of the Head of Finance (Treasury and Pensions) on the Treasury Management activities for the first quarter of 2009/2010 be noted.

14. Shropshire Council Performance Report Quarter One 2009/2010

14.1 The Portfolio Holder for Assets and Performance presented a report by the Assistant Chief Executive (Performance and Partnerships) – copy attached to the signed minutes – on details of the quarter one performance for the Shropshire Council Corporate Plan 2009/2010.

14.2 In particular he drew attention to the 38 national indicators reported by the Council to the Price Waterhouse Coopers benchmarking club, of which 60% (23 indicators) were in the top two quartiles. He expressed satisfaction that this was well above average and ranked Shropshire 5th overall out of 26 unitary councils in the benchmarking club. In stressing this was an excellent start for a newly formed unitary authority, he indicated that the Council would continue to strive for improvement of performance in the future.

14.3 RESOLVED: (a) That the quarter one performance for Shropshire Council Corporate Plan be approved.

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(b) That the exception report for the Shropshire Council Corporate Plan, set out in Appendix A to the report by the Assistant Chief Executive (Performance and Partnerships), be approved. (c) That the performance summary, set out in Appendix B to the report by the Assistant Chief Executive (Performance and Partnerships) be approved. (d) That that following action plans which had been produced to address under performance in the following areas be approved:

(i) Children’s Social Care Assessment Processes (Appendix C to the report); (ii) Housing – Rent Collection (Appendix D to the report); (iii) Planning Applications (Appendix E to the report).

15. Strengthening local democracy – consultation draft response

15.1 Cabinet considered a report by the Assistant Chief Executive (Performance and Partnerships) – copy attached to the signed minutes – on the draft response to the Communities and Local Government “Strengthening local democracy” consultation paper.

15.2 RESOLVED: That the draft response to the “Strengthening local Democracy” consultation paper, set out in the report by the Assistant Chief Executive, be agreed and submitted to the Department of Communities and Local Government.

16. Supporting People Advise and Assistance Report

16.1 The Portfolio Holder for Housing presented a report by the Assistant Director, Housing Delivery – copy attached to the signed minutes – on the outcome of an advice and assistance visit on the Supporting People programme which was carried out by the Audit Commission in March 2009, following on from an inspection carried out in October 2007.

16.3 RESOLVED: (a) That the final report on the outcome of the Supporting People advice and assistance visit be noted. (b) That the Action Plan arising from the advice and assistance visit be approved and the progress made to date be noted.

17. The Definitive Map and Public Rights of Way Priorities Statement

17.1 The Leader presented a report by the Assistant Director, Culture and Leisure – copy attached to the signed minutes – on the Council’s legal obligation to maintain a Definitive Map describing the public’s right to access the countryside via the Public Rights of Way network. The report explained that following the ending of the Discovering Lost Ways project by Natural , the report proposed a new Statement of Priorities in order to assist with the requirement to review and keep up to date, the Definitive Map within Shropshire.

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17.2 The Leader also put forward a further recommendation for consideration, namely that the Community Service Scrutiny Committee should be asked to carry out a review into the processes and procedures associated with undertaking reviews of the Public Rights of Way Network.

17.3 During the ensuing discussion, several members expressed concern about the length of time taken to deal with rights of way issues and the seemly bureaucratic nature of the current review methods, albeit they acknowledged the often contentious nature of the reviews and the need for the Council to operate within the Countryside Rights of Ways Act 2000.

17.4 RESOLVED: (a) That Council be recommended to approve the Statement of Priorities for reviewing Rights of Way and maintaining the Definitive Map for Shropshire as set out in Appendix A to the report by the Assistant Director, Culture and Leisure. (b) That Council be recommended to ask the Community Services Scrutiny Committee to carry out a review into the processes and procedures associated with undertaking reviews of the Pubic Rights of Way Network.

18. Shrewsbury Vision

18.1 Cabinet considered a report by the Director of Development Services – copy attached to the signed minutes – on the work which had been carried out to date on the Shrewsbury Vision work-stream which had been established as a result of a business briefing meeting that took place with local business groups in January 2009, and the proposed next steps to take the work to plan and delivery stages.

18.2 During the ensuing discussion a member suggested that it would be more appropriate for some of the budget to be used to appoint a person to support the Growth Point initiatives. He also commented that with the current work being undertaken on the Local Development Framework further consideration should be given to the matters in the report prior to any final member decision being taken. In turn other members welcomed the Shrewsbury Vision work that had been carried out to date whilst highlighting the role that could be played by the Town Council and the need to ensure that any plan for the town integrated with the Local Development Framework.

18.3 RESOLVED: (a) That the progress to date of the Shrewsbury Vision work be noted. (b) That the set of six themes agreed for the whole pictures for Shrewsbury as set out in the report by the Director of Development Services be noted. (c) That a regeneration framework be commissioned for Shrewsbury, to be funded via the Growth Point budget up to a maximum of £120,000. (d) That Shrewsbury Town Council be consulted with on the Shrewsbury Vision work.

Contact: Penny Chamberlain on 01743 252729 9 Cabinet 21st October 2009 Minutes of the meeting held on 23rd September 2009

19. The Future of the Coroner’s Service Within Shropshire

19.1 The Leader presented a report – copy attached to the signed minutes – on a wish by Telford and Wrekin Borough Council to establish a joint coronial service for the Telford and Wrekin and Mid and North Shropshire coronial districts after the Telford and Wrekin Coroner’s retirement on 31st October 2009. The report indicated that such a development could also anticipate the potential effects of the Coroners and Justice Bill which were intended to reduce the number of coronial districts and replace the mix of full and part- time Coroners with full timers with assistants.

19.2 RESOLVED: (a) That the request from Telford and Wrekin Borough Council be responded to positively and officers be authorised to establish a shared coronial service within Shropshire on the basis of this Council administering the joint service and recharging the costs on an appropriate basis. (b) That subject to the Ministry of Justice approving the establishment of shared service arrangements which are complementary to the proposals contained within the Coroners and Justice Bill, these be introduced with effect from 1st October 2009.

20. Nomination of Local Authority (LA) Governors to the Governing Bodies of Secondary Schools

20.1 Cabinet considered a report – copy attached to the signed minutes – on a review of the nominating rights for Local Authority governors to serve on secondary school governing bodies. Historically the allocation to councillors had been based on the percentage of pupils attending from within their electoral division, which was not the same as the school’s catchment area. However, the introduction of a Unitary Authority had altered the electoral divisions and had necessitated a review of the nominating rights.

20.2 RESOLVED: That nominations be allocated as follows:

(a) Belvidere School- A Technology College:- 4 LA governors

Monkmoor Electoral Division 2 Underdale Electoral Division 2

(b) Bridgnorth Endowed School:- 2 LA governors

Bridgnorth West and Tasley Electoral Division 1* Bridgnorth East and Astley Abbotts Electoral Division 1*

* there are two councillors in these electoral divisions so they will need to agree jointly on the one nomination.

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(c) Church Stretton School – A Specialist Technology College:- 4 LA governors

Church Stretton and Craven Arms Electoral Division 2* Burnell Electoral Division 1 Corvedale Electoral Division 1

* there are 2 councillors in this electoral division. They would nominate one governor each.

(d) Corbet School Technology College:- 2 LA governors

Ruyton X1 Towns and Baschurch Electoral Division 2

(e) The Community College, Bishops Castle:- 4 LA governors

Bishops Castle Electoral Division 2 Clun Electoral Division 1 Chirbury and Worthen Electoral Division 1

(f) Grange School – A Visual and Performing Arts College:- 3 LA governors

Harlescott Electoral Division 2 Bagley Electoral Division 1

(g) Grove School:- 4 LA governors

Market Drayton West Electoral Division 2* Market Drayton East Electoral Division 1 Cheswardine Electoral Division 1

* there are 2 councillors in this electoral division. They would nominate a governor each.

(h) Idsall School:- 4 LA governors

Albrighton Electoral Division 2 Shifnal and Cosford Electoral Division 1 Shifnal North Electoral Division 1

(i) Lacon Childe School:- 3 LA governors

Cleobury Mortimer Electoral Division 2* Clee Electoral Division 1

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* there are 2 councillors in this electoral division. They would nominate a governor each.

(j) Lakelands School, Sports and Language College:- 3 LA governors

Ellesmere Urban Electoral Division 1 The Meres Electoral Division 1 The third nomination would be shared between the 2 councillors above.

(k) Ludlow Specialist Technology and Sports College:- 2 LA governors

Ludlow East Electoral Division 1 Ludlow South Electoral Division 1

(l) Marches School and Technology College:- 4 LA governors

Oswestry East Electoral Division 2* St Oswald Electoral Division 1 Oswestry South 1

* there are 2 councillors in this electoral division. They would nominate a governor each.

(m) Mary Webb School and Science College:- 3 LA governors

Minsterley Electoral Division 1 Longden Electoral Division 1 Chirbury and Worthen Electoral Division 1

(n) Science College:- 4 LA governors

Bayston Hill Electoral Division 3* Meole Brace Electoral Division 1 * there are 3 councillors in this electoral division. They would nominate a governor each.

(o) Oldbury Wells School:- 4 LA governors

Highley Electoral Division 2 Bridgnorth East and Astley Abbotts Electoral Division 1* Brown Clee Electoral Division 1

* there are 2 councillors in this electoral division. They would share responsibility for nominating this governor.

Contact: Penny Chamberlain on 01743 252729 12 Cabinet 21st October 2009 Minutes of the meeting held on 23rd September 2009

(p) Priory School a Business and Enterprise College:- 4 LA governors

Bowbrook Electoral Division 2 Copthorne Electoral Division 2

(q) Rhyn Park School and Performing Arts College:- 4 LA governors

Selattyn and Gobowen Electoral Division 2* St Martins Electoral Division 2

* there are 2 councillors in this electoral division. They would nominate a governor each.

(r) Sir John Talbot’s Technology College:- 2 LA governors

Whitchurch North Electoral Division 2*

* there are 2 councillors in this electoral division. They would nominate a governor each.

(s) Sundorne School and Sports College:- 4 LA governors

Sundorne Electoral Division 3 Battlefield Electoral Division 1

(t) Thomas Adams School:- 3 LA governors

Wem Electoral Division 2* Shawbury Electoral Division 1

* there are 2 councillors in this electoral division. They would nominate a governor each.

(u) :- 4 LA governors

Bagley Electoral Division 3 Castlefields & Ditherington Electoral Division 1

(v) William Brookes School:- 4 LA governors

Broseley Electoral Division 2 Much Wenlock Electoral Division 1 Severn Valley Electoral Division 1

Contact: Penny Chamberlain on 01743 252729 13 Cabinet 21st October 2009 Minutes of the meeting held on 23rd September 2009

21. Exclusion of the Press and Public

21.1 RESOLVED: That in accordance with the provisions of Schedule 12A of the Local Government Act 1972 and Paragraph 10.2 of the Council’s Access to Information Procedure Rules, the public and press be excluded during consideration of the remaining items.

Signed …………………………………………………… (Leader)

Date ………………………………………………………..2009

Contact: Penny Chamberlain on 01743 252729 14