Your Council!Your Council
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