STATEMENT OF DECISIONS
MADE AT A MEETING OF THE BOARD
HELD ON 19TH
OCTOBER 2006
PRESENT:
Councillor Brian
Silvester
(Leader of the Council in the Chair)
Councillor Rachel
Bailey
(Portfolio Holder for Planning)
Councillor David
Brickhill
(Portfolio Holder for Economic Development)
Councillor John
Dwyer
(Portfolio Holder for Safer Communities)
Councillor Graham
Fenton
(Portfolio Holder for Finance)
Councillor John
Hatfield
(Portfolio Holder for Human Resources)
Councillor John
Hammond
(Portfolio Holder for the Local Environment)
Councillor B
McGinnis
(Portfolio Holder for Leisure)
Councillor Ray
Westwood
(Portfolio Holder for Neighbourhoods)
NON-BOARD MEMBERS IN ATTENDANCE:
Councillors W T Beard, D Bebbington, P K Butterill, R
Cartlidge, B Evans, M R Jones, S W Hogben and C Waling.
OFFICERS IN ATTENDANCE:
Paul
Ancell
(Executive Director, Environment &
Development)
Keith
Boughey
(Business Process Analyst)
Jenny
Cross
(Executive Director, Treasury and Corporate
Support)
Bill
Howie
(Democratic Services Manager)
Bernadette
Hurst
(Assistant Chief Executive, Community Development and Social
Policy)
Joanne
Smith
(Democratic Services Officer)
NOTE: The following Decisions should be read in
conjunction with the corresponding reports which accompanied the
Board Agenda issued on 10th October 2006 and the
subsequent letter sent out on 18th October
2006. The agenda and reports are available on
the Council's Internet Website. www.crewe-nantwich.gov.uk
83.
DECLARATIONS OF INTEREST
Agenda Item 7 Mayoral Nomination 2007/08
Councillor M R Jones declared a personal and prejudicial
interest in this item on the basis that he was the Councillor
nominated to the Office of Mayor of the Borough for the year
2007/08.
Agenda Item 9 Winding Up of a Charity The Bernard Humblot
Trust
Councillor M R Jones declared a personal interest in this item
as he was Vice-Chair of the Crewe and Nantwich Twinning
Association.
Agenda Item 12 Cheshire County Council Locality Board
Councillor D Brickhill declared a personal and prejudicial
interest in this item as he was a County Council Representative on
the Locality Board.
No other Member made any declaration of interest in any item
of business on the agenda.
84. BOARD
DECISIONS 6TH SEPTEMBER 2006
The Board received the Statement of Decisions made at a
meeting held on 6th September 2006.
85.
RECONSIDERATION OF DECISIONS
No decisions had been referred back to the Board for
reconsideration.
86.
CONSIDERATION OF ANY PERFORMANCE AND
OVERVIEW COMMITTEE REPORTS AND
RECOMMENDATIONS
The Performance and Overview Committees had been invited to
comment on Board reports. No comments had been received.
87.
DESIGNATED PUBLIC PLACE ORDERS
(ALCOHOL EXCLUSION ZONES)
The Board considered the report of Councillor John Dwyer,
Portfolio Holder for Safer Communities.
The Government had introduced legislation in 2001 to enable
local authorities to restrict the drinking of alcohol in designated
public places. The Crewe and Nantwich Safer
Communities Partnership had received a request from the Police to
consider the designation of various public places for the purposes
of confiscating alcohol and discouraging drinking in public open
spaces.
The report explained the legal position in respect of
Designation Orders and proposed a process to assess how areas which
were considered suitable for Designation Orders would be identified
and assessed.
RECOMMENDATION TO COUNCIL:
That the power of making Designated Public Places
Orders under the Criminal Justice and Police Act 2001 be delegated
to the Licensing and Regulatory Committee,
based on the procedural framework contained in the report for the
process of identifying areas and providing the evidential basis for
Orders.
DECISION:
That virement of £7,000 from interest on the
investments budget to the Community Development budget to cover the
costs of advertising and signage be approved.
Alternative Option:
To decline the proposals contained in the report.
Reasons for the Decision:
(a)
The proposed measures will assist in the reduction of
crime and disorder and will discourage anti-social behaviour
related to the consumption of alcohol.
(b)
The Police support the proposal and have
expressed a willingness to enforce the designation in
areas identified.
88.
BOROUGH OF CREWE AND NANTWICH LOCAL
DEVELOPMENT SCHEME FIRST
REVIEW
The Board considered the report of Councillor Rachel Bailey,
Portfolio Holder for Planning.
One of the first requirements of the Planning and Compulsory
Purchase Act 2004 was for Local Planning Authorities to submit a
Local Development Scheme (LDS) to the Secretary of State by
28th March 2005. Crewe and Nantwich
Borough Council's LDS had been submitted and approved on
31st December 2004. There was now a
requirement for the LDS to be formally reviewed and the report
outlined the main changes to the original
document.
DECISION:
That the Borough of Crewe and Nantwich Local
Development Scheme First Review be approved and formally submitted
to the Secretary of State.
Alternative Options:
None considered.
Reasons for the Decision:
(a)
The preparation and review of the Local Development
Scheme is a statutory requirement of the Planning and
Compulsory Purchase Act 2004.
(b)
The Local Development Scheme has been prepared
in conjunction with Government Office North-West and
the Planning Inspectorate and the work programme and timing
of "milestones" are considered to be reasonable given
current staff resources and level of Planning Delivery Grant
available.
(c)
Failure to adopt the LDS could have adverse implications
for future planning or other delivery grants.
89.
MAYORAL NOMINATION 2007/2008
The Board considered the report of Councillor Margaret Simon,
Portfolio Holder for Customers.
The report detailed the current Mayoral Conventions and the
Seniority List. The Board was invited to
recommend to Council consideration of the nomination of a
Councillor to the Office of Mayor of the Borough for the year
2007/2008, in accordance with the conventions and the order of
Seniority.
RECOMMENDATION TO ANNUAL COUNCIL:
That the Annual Meeting of the Borough Council to be
held on 16th May 2007 be invited to consider the
nomination of Councillor Maurice Jones for election to the Office
of the Mayor of the Borough for the year 2007/2008.
Alternative Options:
None considered.
Reasons for the Decision:
(a)
In accordance with the Conventions, and in order of
Seniority, Councillor Maurice Jones is the current Member who
has the longest cumulative service without having previously
held the Office of Mayor of the Borough.
(b)
For personal reasons, Councillors S W Hogben, R
Cartlidge, J Wright and W S McGinnis had declined to
be considered for the nomination.
(Note: Having declared a personal
and prejudicial interest, Councillor Maurice Jones withdrew from
the meeting for this item).
90.
WINDING-UP OF A CHARITY THE MRS FRED COOPS OF
GRESTY TRUST FUND
The Board considered the report of Councillor Graham Fenton,
Portfolio Holder for Finance.
The report contained details proposing the winding-up of the
Mrs Fred Coops of Gresty Trust Fund under Section 75 of the
Charities Act 1993 by donating the original permanent endowment in
accordance with the charity's objects.
DECISION:
(A) That
the balance of the Mrs Fred Coops of Gresty Trust
Fund be donated to the Women's Royal
Voluntary Service (WRVS); and
(B)
That the charitable account be closed and the
charity removed from the Charities
Register.
Alternative Options:
(a)
To continue to
administer the charity, making a small annual donation
to the WRVS; or
(b)
Apply to the
Charities Commission to transfer the responsibility
for administering the funds to the WRVS.
Reasons for the Decision:
(a)
The charity was originally established in 1959 with an
endowment of £450 to be invested to provide an annual payment
to the Women's Voluntary Service of Crewe (now part of the
WRVS) to contribute towards the cost of meals to be provided
by the Christmas "Meals-on-Wheels" service. The value of the
income has reduced and the benefit is now very small compared
with the costs of the meals it was intended to fund.
(b)
The cost of the continued administration of the
charity outweighs the value of the funds held and the
proposal satisfies with charity's objects without passing on
the administrative burden.
(c)
Other than the Mayor of Crewe and Nantwich, who is an
ex-officio trustee, there are no Trustees to oversee
the distribution of the funds.
91.
WINDING-UP OF A CHARITY THE BERNARD HUMBLOT
TRUST
The Board considered the report of Councillor Graham Fenton,
Portfolio Holder for Finance.
The report contained details proposing the winding-up of the
Bernard Humblot Trust under Section 75 of the Charities Act 1993 by
donating the remaining funds in accordance with the charity's
objects.
DECISION:
(A)
That the balance of the Bernard Humblot Trust
be donated to Crewe and Nantwich Twinning
Association (CANTA) on the condition that
the funds be used to assist in the
children's exchange scheme with Macon; and
(B)
That the charitable account be closed and the
charity removed from the Charities
Register.
Alternative Options:
(a)
To continue to administer the charity, making payments
as advised by Crewe & Nantwich Twinning Association;
or
(b)
Apply to the Charities Commission to transfer the
responsibility for administering the funds to the Crewe and
Nantwich Twinning Association.
Reasons for the Decision:
(a)
The original Deed of Trust cannot be located and it is
uncertain if the charity is permitted to pay out all
its funds, or if an amount should be retained as a permanent
endowment with only the interest used to make payments.
(b)
The Council no longer has a direct involvement in
arranging community twinning visits and the funds have
not been allocated since 1993. The transfer
of funds to Crewe and Nantwich Twinning Association, with a
requirement that the funds be donated specifically to support
children's exchange visits between Macon and Crewe and
Nantwich, will satisfy the charity's objects.
(c)
Other than the Mayor of Crewe and Nantwich, who is an
ex-officio trustee, there are no Trustees to oversee the
distribution of the funds.
92.
BENCHMARKING SERVICES MEMBERSHIP OF THE
ASSOCIATION OF PUBLIC SERVICE
EXCELLENCE (APSE)
The Board considered the report of Councillor John Hatfield,
Portfolio Holder for Human Resources.
The report sought support for the Council to re-join
APSE. The Council had withdrawn its membership
in March 2005 to achieve a revenue saving. It
was proposed that the cost of renewing membership would be met from
existing budgets and did not represent a growth item.
DECISION:
That the Borough Council
re-join the Association of Public Service Excellence, at a minimum
membership level including, initially, only one performance network
membership at a total cost of £2,826 to be funded by reduced
training costs and savings achieved as a result of the performance
information.
Alternative Option:
To decline to re-join the Association of Public Service
Excellence.
Reasons for the Decision:
(a)
The Council has stated its intention to enhance
the performance management framework by various
actions recorded in the Improvement Plan and Best Value
Performance Plan; in particular, benchmarking is considered a
necessary step towards achieving improved performance. The
APSE performance network is an established and
dynamic benchmarking and performance measurement model;
re-joining APSE will allow the Council access to its
performance information, which in turn will result in improved
service provision.
(b)
Declining to take advantage of such benchmarking services
as those offered by APSE could diminish the Council's
ability to maintain or improve its Comprehensive
Performance Assessment rating.
93.
REPORT OF EXECUTIVE DIRECTOR, DIRECT SERVICES
In accordance with Contract Regulations, the Executive
Director, Direct Services reported on tenders which had
recently been invited and received.
94.
CHESHIRE COUNTY COUNCIL LOCALITY BOARDS
The Board considered the report of Councillor Brian Silvester,
Leader of the Council.
The report contained details of Cheshire County Council's
Locality Boards which was the replacement for the County
Forum. It was intended that representatives of
the Borough Council would have the opportunity to meet with the
Locality Board to consider issues of mutual concern.
The report considered the Borough Council's representation on
the Locality Board and detailed the meetings schedule for
2006/07.
DECISION:
(A) T
hat Councillors Bailey, Dwyer, Fenton,
Hammond, Hatfield, McGinnis, Silvester and
Westwood be appointed as the representatives
of the Borough
Council at appropriate meetings of Cheshire
County Council's Locality Board;
and
(B)
That Terms of Reference and the agenda be
agreed jointly with Cheshire County Council
prior to the first meeting.
Alternative Option:
To appoint other Members to represent Crewe and Nantwich
Borough Council.
Reasons for the Decision:
(a)
The Crewe and Nantwich Locality Board has agreed to
meet six times a year and it is intended that two of
these meetings will be held with representatives from the
Borough Council.
(b)
The Locality Board may present an opportunity to work
more closely in partnership with Cheshire County
Council in addressing issues of mutual concern.
(Note: Having declared a personal and
prejudicial interest, Councillor David Brickhill withdrew
from the meeting for this item)
................................................................Signed