Your Council!Your Council
STATEMENT OF DECISIONS MADE AT A MEETING OF THE BOARD
HELD ON 30TH NOVEMBER 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 Graham Fenton                     (Portfolio Holder for Finance)
Councillor John Hammond                     (Portfolio Holder for the Local Environment)
Councillor Bill McGinnis                        (Portfolio Holder for Leisure)
Councillor Margaret Simon                    (Portfolio Holder for Customers)
Councillor Ray Westwood                     (Portfolio Holder for Neighbourhoods)
 
NON-BOARD MEMBERS IN ATTENDANCE:
 
Councillors W T Beard, P K Butterill, R Cartlidge, B Evans, M Grant, S W Hogben,  M R Jones, A Moran and M Roberts
 
OFFICERS IN ATTENDANCE:
 
Paul Ancell          (Chief Executive)
Lisa Carr              (Principal Policy Officer)
Jenny Cross         (Executive Director, Treasury and Corporate Support)
Bill Howie             (Democratic Services Manager)
Carol Jones         (Democratic Services Officer)
Chris Henshall      (Deputy Monitoring Officer)
Bernadette Hurst  (Assistant Chief Executive)
David Marren        (Executive Director, Direct Services)
Keith Pickton      (Head of Leisure Operations)
Su Turner            (Local Strategic Partnership Manager)
Rachel Welch       (Human Resources Manager)
 
NOTE: The following Decisions should be read in conjunction with the corresponding reports which accompanied the Board Agenda issued on 21st November 2006. The agenda and reports are available on the Council's Internet Website. www.crewe-nantwich.gov.uk
 
95.            DECLARATIONS OF INTEREST
 
Councillors D Brickhill, M J Simon and A Moran declared personal interests in agenda items 5 (Local Area Agreements) and 9 (White Paper Strong and Prosperous Communities) on the basis of their County Council membership. 
 
No other Member made any declaration of interest in any item of business on the agenda.
 
96.            BOARD DECISIONS 19TH OCTOBER 2006
 
The Board received the Statement of Decisions made at a meeting held on 19th October 2006.
 
97.            RECONSIDERATION OF DECISIONS
 
No decisions had been referred back to the Board for reconsideration.
 
98.            CONSIDERATION OF ANY PERFORMANCE AND OVERVIEW COMMITTEE REPORTS AND RECOMMENDATIONS
 
The Performance and Overview Committees had been invited to comment on Board reports. A comment received from the Performance and Overview Committee, Organisation was considered under the appropriate heading.
 
99.             OPEN SPACE REVIEW REFERRAL FROM PERFORMANCE AND  OVERVIEW COMMITTEE (LOCAL ECONOMY & ENVIRONMENT)
 
At its meeting held on 17th October 2006, the Performance and Overview Committee, Local Economy and Environment, received a presentation from Councillor Roy Cartlidge based on the summary report of the launch of a document entitled "Open Space Vision of the Future" on 21st August 2006 at the Municipal Buildings. 
 
The Board received for information the summary report of the Performance and Overview Committee (Local Economy and Environment).
       
100.            TOURISM DEVELOPMENT OFFICER POST- REFERRAL FROM PERFORMANCE AND OVERVIEW COMMITTEE (LOCAL ECONOMY & ENVIRONMENT)
 
At its meeting held on 28th November 2006, the Performance and Overview Committee (Local Economy and Environment) had expressed concern about the delay in appointing a Tourism Development Officer. The Committee requested that the Vacancy Panel reconsider the matter with a view to appointing an Officer on a full-time permanent basis.
 
It was reported that the post was to be filled on a 3-day per week basis for a period of 12-months.  External funding in respect of this post was being sought.
 
101.            LOCAL AREA AGREEMENTS
 
The Board considered the joint report of Councillor Brian Silvester, Leader of the Council and Councillor Ray Westwood, Portfolio Holder for Neighbourhoods.
 
The Cheshire Local Area Agreement (LAA) was a three-year service delivery arrangement between the Government, local authorities and partners (working through the Local Strategic Partnership) to improve public services.  The process had involved extensive consultation and discussion amongst partners.
 
The draft agreement had been submitted to Government Office North-West (GONW) on 29th September 2006 and the initial feedback identified that additional work was required before the final submission on 20th December 2006.
 
DECISION: 
 
(A)          That the latest version of the draft Cheshire Local Authority Agreement be noted; and
 
(B)          That authority be granted to the Assistant Chief Executive, in consultation with the Leader of the Council and the Portfolio Holder for Neighbourhoods, to endorse the final Draft Local Area Agreement prior to its submission to GONW on 20th December 2006.
 
Alternative options:
 
(a)        Amend the Local Area Agreement; or
 
(b)       Decline to endorse the Local Area Agreement and refuse to grant  delegated authority.
 
Reasons for the Decision:
 
(a)           Preparation of a Local Area Agreement is a statutory duty which will assist in making public services responsive to community needs and develop sustainable communities.
 
(b)           Non-endorsement of the Local Area Agreement could be detrimental to partnership development in Cheshire.
 
102.            CREWE TOWN CENTRE MASTERPLAN
 
The Board considered the report of Councillor Rachel Bailey, Portfolio Holder for Planning.
 
There had been significant progress in taking forward proposals for the improvement and regeneration of Crewe Town Centre; in particular, the Modus scheme and town squares enhancement.  This had been achieved despite the absence of an overall Masterplan.
 
A Masterplan was required to bring all the development proposals together and guide decision-making. 
 
The Board was asked to agree to the commissioning of a Crewe Town Centre Masterplan, to be funded from this year's Local Authority Business Growth Incentive.
 
DECISION:
 
That the Board agree to the commissioning of a Crewe Town Centre Masterplan to be funded to a maximum level of £40,000 from this year's Local Authority Business Growth Incentive.
 
Alternative options:
 
Continue to address development and enhancement issues in the town centre, without a clear indication of the overall vision.
 
Reasons for the Decision:
 
(a)  The Masterplan will inform decision-making.
 
(b)  It will seek to promote sustainable development in Crewe town centre.
 
(c)   It will provide a "joined-up" approach to the development of the town centre and will improve the prospects of designing out crime.
 
(d)   It is intended to provide a safe, attractive and prosperous town centre.
 
103.            2006-2011 REVENUE STRATEGY
 
The Board considered the report of Councillor Graham Fenton, Portfolio Holder for Finance.
 
The report presented amendments to the Medium-Term Financial Strategy for 2006-2011 and set out the financial impact of delivery of the Council's existing key policy commitments in terms of revenue spending and the Council's capacity to fund these.
 
RECOMMENDATION TO COUNCIL:
 
(A)             That the up-dated Revenue Strategy 2006-2011 be approved;
 
(B)             That the 2007/2008 budget preparations be guided by the September retail price increase and the medium-term financial position by an allowance for inflation. (The projections will continue to illustrate the impacts of various Council Tax levels); and
 
(C)             That proposals for savings and any requests for growth be brought forward to enable examination of alternative budget proposals, with the principle of sustainability taken into account.
 
Alternative options:
 
As detailed in the report.
 
Reasons for the Decision:
 
The Revenue Strategy sets out the agreed framework of principles for the management and planning of the Council's finances and is an important element of the development of the iterative process of financial planning.
 
104.            CAPITAL INVESTMENT STRATEGY 2006-2011
 
The Board considered the report of Councillor Graham Fenton, Portfolio Holder for Finance.
 
The report provided details of the up-dated Capital Strategy for 2006-2011 which built on previous work.  It also included a review of the resources allocated to existing projects which were underway and to the new proposals which had been scored and ranked in the usual way.
 
The Board was asked to recommend to Council approval of the 2006-2011 Capital Strategy and  the amendment of the Capital Programme to include the changes recommended in the Strategy.
 
RECOMMENDATION TO COUNCIL:
 
(A)            That the Capital Strategy 2006-2011 be approved; and
 
(B)            That the Capital Programme be amended to include the changes recommended in the Strategy.
 
Alternative options:
 
(a)              To adopt an alternative system of prioritisation; or
 
(b)              Not to allocate as many resources at this time.
 
Reasons for the Decision:
           
(a)       The Capital Strategy is a prime document in the context of the Council's financial forward planning in that it estimates resources available in the medium-term and prioritises their use to obtain maximum benefits.
 
(b) The draft Capital Strategy has been informed by the Community Strategy and Corporate Strategy and is, consequently, the product of extensive consultation.  Members have been involved in devising the project scoring and weighting framework. The Management Team and other Officers have been involved in developing the recommended schemes and the Strategy now reflects the priorities for capital investment subject to full project analysis as schemes become part of the Capital Programme.
 
(c) The Capital Strategy describes how the deployment of capital resources contributes to the achievement of the Council's policies, priorities and objectives.  It is informed by the Community Strategy and so reflects the visions and aspirations of local people, recognising the potential for others to contribute to ideas and resources and participate in service delivery.
 
(d) The Strategy addresses environmental sustainability.  Improvements to the built and natural environment in general are key objectives of the Capital Strategy and the projects have been scored to reflect this.
 
(e)               The Strategy features a number of schemes which impact positively, either directly or indirectly, on crime and disorder.
 
105.            WHITE PAPER "STRONG AND PROSPEROUS COMMUNITIES"
INVITATIONS TO COUNCILS IN ENGLAND TO MAKE PROPOSALS  FOR FUTURE UNITARY STRUCTURES AND TO PIONEER, AS  PATHFINDERS, NEW TWO-TIER MODELS
 
The Board considered the report of Councillor Brian Silvester, Leader of the Council.
 
As part of the recently published White Paper the Government had issued an invitation to authorities in the County areas to formulate proposals for Unitary Local Government.
 
It was also proposed that in areas where it was not considered desirable to make such a proposal then bids from County/District partnerships for pathfinder status were sought. The Board was invited to make a recommendation to Council on the options detailed in the report.
 
RECOMMENDATION TO COUNCIL:
 
(A)           That Crewe and Nantwich Borough Council considers that improved two-tier working in partnership with Cheshire County Council and the other districts in Cheshire presents the best option for the governance of the people of Cheshire generally, and Crewe and Nantwich in particular; and
 
(B)          Crewe and Nantwich Borough Council is not in favour of being involved in a bid for improved two-tier pathfinder status.
 
Alternative options:
 
(a)       In conjunction with other Cheshire districts, a bid for unitary status, involving the Borough of Crewe and Nantwich, be submitted to the Government for consideration, the precise form of unitary authority to be determined by the Council; or
 
(b)       In partnership with Cheshire County Council and the other Cheshire districts, a bid for Improved Two-Tier Pathfinder status be submitted to the Government for consideration.
 
Reason for the Decision:
 
To comply with the timetable, the Council is required to submit its proposals to Government by 25th January 2007.
 
106.            CORPORATE SELF-ASSESSMENT
 
The Board considered the report of Councillor Brian Silvester, Leader of the Council.
 
It was a requirement of the Comprehensive Performance Assessment carried out in 2003 that the Council should produce a corporate self-assessment. Although there was no statutory requirement to do so, the assessment had been refreshed each year as a matter of good practice.
 
DECISION:
 
That the 2006 Corporate Self-Assessment be approved.
 
Alternative options:
 
None considered.
 
Reasons for the Decision:
 
(a)              The self-assessment is designed to increase the Council's awareness of its achievements and outlines priorities for future action. 
 
(b)              Whilst there is no statutory requirement, it is regarded as good practice to undertake an annual self-assessment.
 
107.            BEST VALUE PERFORMANCE INDICATORS PROGRESS  REPORT 1ST APRIL 2006 30TH SEPTEMBER 2006
 
The Board received, for information, the report of Councillor John Hatfield, Portfolio Holder for Human Resources.
 
The report provided service performance information on the agreed basket of performance indicators for the financial year to 30th September 2006, together with the annual Borough Profile measures.
 
108.               2006/2007 FINANCIAL MONITORING REPORT 1ST APRIL 2006TO 30TH SEPTEMBER 2006
 
The Board received, for information, the report of Councillor Graham Fenton, Portfolio Holder for Finance.
 
The report provided financial monitoring information on actual expenditure and income in the current financial year 2006/2007 to 30th September 2006, compared with profiled budgets and gave an up-dated projected out-turn for the 2006/2007 year.
 
109.       FEES AND CHARGES 2007/2008
 
The Board considered the report of Councillor Graham Fenton, Portfolio Holder for Finance.
 
The report set out the proposed fees and charges for services for the period 2007-2008, which would allow for greater opportunity for consideration of potential variation in charging policy prior to the normal timetable for final budget-setting.
           
The Performance and Overview Committee (Organisation) had queried the Board's power to make a decision in respect of fees and charges and considered that it was for Full Council to make such a decision.  
 
RECOMMENDATION TO BUDGET COUNCIL:
 
That the fees and charges, as set out in the schedule in the report, be approved, subject to the following amendments
 
-      Green garden waste scheme (brown bin) per annum 
      increase from £20 to £22 + £1 per annum until break-even achieved;
-     Primary and High School swimming charges to remain at £1.00
 
Alternative option:
 
Vary the charges within each service area.
 
Reasons for the Decision:
 
(a)            An Advisory Group of Members, representing all political groups, met to consider the draft scale of fees and charges and provide advice to the Portfolio Holder.
 
(b)           Maintaining and improving income from fees and charges is important in helping to ensure financial sustainability in the medium-term.
 
(c)            Many of the services identified in the report are discretionary but will provide diversionary activities designed to reduce the incidence of anti-social behaviour.
           
110.    TAX BASE FOR COUNCIL TAX AND DISCOUNT FOR SECOND HOMES
 
The Board considered the report of Councillor Graham Fenton, Portfolio Holder for Finance.
 
The report provided details of the recommendations to Council in respect of the Council Tax Base calculation for the forthcoming year.  It also detailed the tax base for each parish and Nantwich Town Council and a proposal to determine the level of Council Tax for second homes.
                   
RECOMMENDATION TO COUNCIL:
 
(A)           That the discount for second homes be approved at 25%;
 
(B)          That the Tax Base for the whole Borough, as detailed in Appendix A1 of the report, be approved; and
 
(C)          That the Tax Base for the parishes and Nantwich Town Council, as detailed in Appendix A2 of the report, be approved.
 
Alternative Options:
 
(a)       To maintain the discount reduction at 50% for second homes and approve the collection rate of 99%.
 
(b)       To vary the level of discount and/or collection rate.
 
Reasons for the Decision:
 
(a)       The Local Government Finance Act 1992 and subsequent Regulations require the Borough Council to determine its Council Tax Base. This information is required by Cheshire County Council, Cheshire Police Authority and Cheshire Fire Authority for their budgetary purposes and enables the Borough Council to set the level of Council Tax for the financial year 2007/2008.
 
(b)       The period for setting the Council Tax Base and informing major precepting authorities runs from 1st December to 31st January.  This information will be needed to be recommended to Council at its meeting on 13th December 2006 to meet this deadline.
 
(c)       The change in discount in respect of second homes will result in an estimated additional £30,000 for Crewe and Nantwich.
 
111.            PROPOSED AMENDMENTS TO OFF-STREET PARKING ORDER -
RAILWAY STREET CAR PARK, CREWE
      
The Board considered the report of Councillor John Hammond, Portfolio Holder for the Local Environment.
 
Railway Street Car Park was located at the rear of Nantwich Road, Crewe, (adjacent to Virgin Rail's Car Park).  A charge of £3 per day, for all-day parking was currently levied.  It was relatively under-used at present and would be suited to increased use by rail travellers or anyone wishing to leave their vehicle overnight.  The report proposed changes to meters and signage to enable users to purchase tickets for more than one-day to cover overnight absence.
 
DECISION:
 
That approval be granted to amend the Borough of Crewe and Nantwich (General) (Off-Street Parking Places) Order 1995, in respect of Railway Street Car Park, Crewe, as detailed in the report, to permit users to pay for more than one day's stay at a time.
 
Alternative option:
 
To decline to approve the Amendment.
 
Reasons for the Decision:
 
(a)          The proposal will provide a small amount of growth (approximately £3,200 per annum).
 
(b)         The change to the "pay and display" charging regime will assist all rail users primarily, and may help to encourage reduced car use.
 
(c)          It will improve car park usage.
 
112.            CLEAN NEIGHBOURHOODS AND ENVIRONMENT ACT 2005 CONSULTATION IN RELATION TO THE MAKING OF A DOG  CONTROL ORDER
           
The Board considered the report of Councillor John Hammond, Portfolio Holder for the Local Environment.
 
The Clean Neighbourhoods and Environment Act 2005 (CNEA) received Royal Assent on 7th April 2006.  It would replace the provisions of the Dogs (Fouling of Land) Act 1996 with broader powers to make Dog Control Orders.  The Act also gave Local Authorities new powers to improve and protect environmental quality. Final Government Guidance had been published in March 2006 and many of the measures were effective from April this year.
           
DECISION:
 
That statutory consultation be approved in relation to the making of a Dog Control Order to cover all open land within the Borough to which the public had access, and to cover all offences in respect of dogs introduced by the Clean Neighbourhoods and Environment Act 2005 using the enforcement measures and locations detailed in Appendix 1 of the report submitted, as a basis for public consultation, subject to the following amendment -
 
Appendix 1 -
Delete  "All carriageways with a speed limit of 40 mph or less and all adjoining footpaths and verges"
Insert  "All carriageways and all adjoining footpaths and verges"
 
Alternative option:
 
Take no action, leaving the existing 1996 Act Order in place.
 
Reasons for the Decision:
 
(a)        The Regulations require statutory consultation to be undertaken.
 
(b)       This is an opportunity to reinforce behavioural changes required to tackle responsible dog-ownership, and environmental nuisances.  Improved behaviour will lead to reduced Council resources allocated to enforcement and cleansing.
 
(c)        Failure to implement appropriate measures would seriously limit the opportunity to improve public satisfaction with these services.
 
113.            CREWE AND NANTWICH STRATEGY FOR PLAY
 
The Board considered the report of Councillor Ray Westwood, Portfolio Holder for Neighbourhoods.
 
The "Big Lottery" had allocated a sum of £246,000 for the Borough for use for children's play.  In order to receive the funding allocation, the Borough was expected to lead on the development of a multi-agency working group, developing a strategy for play with an action plan for delivery. 
 
In 1998, the Borough produced its first Play Strategy which helped to raise the profile of play and focused on its importance in supporting children's emotional, social and physical development.  The original Play Strategy was out-of-date and there was a requirement for a new strategy to be developed and implemented.
 
The draft Strategy for Play had been developed following consultation with partner organisations and the local community and the Board was asked to accept and endorse it.
 
DECISION:
 
That the Crewe and Nantwich Strategy for Play be accepted and endorsed, as the vision for play for the next 3-years within the Borough.
 
Alternative options:
 
(a)            Amend the Strategy and make other recommendations: or
 
(b)            Decline to accept the Strategy.
 
Reasons for the Decision:
 
(a)       The importance of children's play is identified as one of the outcomes in "Every Child Matters" (ECM) and the development of the Strategy is a response to the ECM framework.
 
(b)       The Council will be able to access funding from the "Big Lottery" for use for children's play, funding which would not be available in the absence of the Strategy.
 
(c)       Some of the proposals in the Strategy will support and deliver programmes to tackle youth nuisance, parental training and bullying.
 
114.            YOUNG PERSONS HOUSING STRATEGY
 
The Board considered the report of Councillor Rachel Bailey, Portfolio Holder for Planning.
 
The report presented the draft Strategy for the provision of Young Persons Housing. The Strategy detailed the current accommodation and housing services available to young people between the ages of 16 and 24 years in the Borough and made recommendations to help improve the provision of both.
 
DECISION:
 
That the Young Persons Housing Strategy be adopted and implemented.
 
Alternative options:
 
None considered.
 
Reasons for the Decision:
 
(a)       The Strategy endorses the Council's commitment to sustainable communities by recognising the need to support young people in securing housing and maintaining their homes.
 
(b)       The Strategy will assist in the reduction of homelessness and will aid the principles of reducing crime and disorder by reducing the number of "rough sleepers" in the Borough.
 
(c)       Whilst it is not a statutory requirement to prepare a Young Persons Housing Strategy, it is considered good practice for a local authority to produce such a document.
 
(d)       Failure to proceed with the Young Persons Housing Strategy could have adverse implications for future housing developments and support options.
 
115.            MUNICIPAL SQUARE, CREWE SUSPENSION OF CERTAIN WORKS
 
The Board considered the report of Councillor Brian Silvester, Leader of the Council.
 
Following public consultation, a significant majority of the Citizens' Panel  voted in favour of siting the War Memorial in Crewe on the Municipal Square. The Board resolved to complete the works and had agreed that a further report on costs, including any abortive costs, be submitted to a future Board meeting.
 
The report now submitted provided details of the implications of the delay and the Board was asked to approve the exercise of virement to enable the abortive costs associated with the delay to be funded from the extra investment income.
 
DECISION:
 
That the abortive costs associated with the delay in respect of re-location of the War Memorial in Crewe, be funded from virement from the extra investment income.
 
Alternative options:
 
None considered.
 
Reasons for the Decision:
 
(a)              There had been widespread public concern about the proposed re-siting of the War Memorial and the previous consultation exercise had been considered to be inadequate.
 
(b)             The second consultation exercise had resulted in overwhelming support for the War Memorial to be sited on the Municipal Square.
 
116.         NANTWICH OUTDOOR POOL SNOWHILL FEASIBILITY STUDY
 
The Board considered the joint report of Councillor Bill McGinnis, Portfolio Holder for Leisure, and Councillor Rachel Bailey, Portfolio Holder for Planning.
 
At its meeting on 27th July 2006, the Board had agreed to the commissioning of a commercial assessment, up to £10,000, of the Snowhill and Riverside area in Nantwich, in advance of a wider feasibility study. (Decision No. 56).
 
Funding for the wider study was now available and it had become apparent that the commercial assessment would be difficult to complete in isolation.  The Board was asked to rescind Decision No. 56 (to commission a separate commercial assessment of the Snowhill and Riverside area in Nantwich) and to include commercial considerations as part of the wider study.
 
DECISION:
 
(A)          That Part (B) of the Board's Decision No. 56 made on 27th July 2006 be rescinded (ie "That a commercial assessment of the area's potential be commissioned, not exceeding £10,000, in advance of the wider feasibility study"); and
 
(B)          That the proposed wider planning feasibility study for the whole of the Snowhill and Nantwich Riverside area, include a  commercial assessment of the area's potential.
 
Alternative option:
 
To continue to undertake a separate commercial assessment.
 
Reasons for the Decision:
 
(a)           The decision will result in a saving of up to £10,000 which would have been required for the separate commercial assessment.
 
(b)           The scheme will result in an improvement of Nantwich Pool (including a new roof for the outdoor pool) as part of a wider, attractive and vibrant re-development of Snowhill and enhancement of the Riverside area.
 
117.         OPEN SPACE REVIEW
 
The Board considered the report of Councillor Bill McGinnis, Portfolio Holder for Leisure.
 
At its meeting on 6th September 2006 the Board agreed:
 
'That a sum of  up to £100,000 be allocated from the Capital Contingency Fund to undertake site surveys and develop improvements programmes with contractual arrangements deferred until legal opinion had been obtained on the implications arising from the Commons Act 2006.'   (Decision No 63).
 
The report contained details of the legal advice in respect of the implications of the Commons Act 2006 which received Royal Assent on 19th July 2006.  The Board was recommended to continue with its Open Space Review, but take account of the possible implications of the Commons Act.
 
DECISION:
 
That the review of Open Spaces continue.
           
Alternative option:
 
None considered.
 
Reasons for the Decision:
 
(a)The disposals of surplus areas of open space will fund improvements to other areas thereby improving their sustainability in the future.
 
(b) The disposal of land will involve local level consultation. It will, therefore, be necessary to develop improvement plans for the areas which can offer options for local residents to consider.
 
118.    AIR QUALITY MANAGEMENT AREA HOSPITAL STREET, NANTWICH
 
The Board considered the report of Councillor John Dwyer, Portfolio Holder for Safer Communities.
 
Previous reports to Board on 28th March 2006 and 7th September 2006 respectively, had set out the background to a proposal to declare an Air Quality Management Area in part of Hospital Street, Nantwich.
 
The consultation period in respect of the planned definition had now expired and no objections had been received. The Board was invited to confirm the Order.
 
DECISION:
 
That the Order declaring an Air Quality Management Area in Hospital Street, Nantwich, be approved.
 
Alternative options:
 
(a)              Amend the Order; or
 
(b)              Decline to approve the Order
 
Reasons for the Decision:
 
(a)       The purpose of air quality management is to reduce health risks to exposed individuals.  Long-term exposure to levels of nitrogen dioxide, in excess of government objectives, increases the risk of affects on lung function.
 
(b)       The Order will enable the preparation of an Action Plan aimed at reducing levels of nitrogen dioxide to no more than government objectives.
 
(c)       Failure to approve the Order could result in the Secretary of State using reserve powers to take action.
 
119.            GAMBLING ACT 2005
 
The Board considered the report of Councillor John Dwyer, Portfolio Holder for Safer Communities.
 
In order to carry out its new function as the licensing authority for gambling, the Council must have in place a licensing policy, known as its Statement of Principles.  The Board was asked to recommend to Council approval of the Statement of Principles and to delegate authority in respect of duties, authorities and functions associated with this new responsibility, to the Licensing and Regulatory Committee.
 
RECOMMENDATION TO COUNCIL:
           
(A)             That the Statement of Principles be approved and adopted;
 
(B)            That all duties, authorities and functions in the determination of fees to be charged for premises licences be delegated to the Licensing and Regulatory Committee; and
 
(C)            That all duties, authorities and functions in the exercise of the registration of small society lotteries be delegated to the Licensing and Regulatory Committee.
 
Alternative options:
 
None considered.
 
Reasons for the Decision:
 
(a)              Although the Act does not come fully into force until 1st September 2007, the adoption of the Statement of Principles is timely in that the Council must have in place an approved licensing policy (Statement of Principles) after carrying out the necessary consultation exercise.
 
(b)              The new licensing system is underpinned by three statutory licensing objectives, one of which is the prevention of gambling from being a source of crime or disorder, or being used to support crime.
 
120.            RACE EQUALITY SCHEME 2006-2008
 
The Board considered the report of Councillor John Hatfield, Portfolio Holder for Human Resources.
 
It was a statutory requirement to review the Council's list of functions, policies and proposed policies which were relevant to race equality and the general statutory duties every three years. The Commission for Racial Equality recommended a new, up-dated Scheme, which would reflect the past achievements and changes, to be published every third year May 2005, May 2008, etc. 
 
The report submitted contained details of the Race Equality Scheme for 2006-2008. The Board was asked to approve the scheme and nominate a Councillor Champion whose portfolio included equality and diversity.
 
DECISION:
 
(A)             That the Race Equality Scheme 2006-2008 be approved; and
 
(B)             That Councillor John Hatfield be appointed the Councillor Champion.
 
Alternative Option:
 
To decline to up-date the Race Equality Scheme.
 
Reasons for the Decision:
 
(a)       Up-dating of the scheme ensures the inclusion of race equality in the Council's policies and practices, improving services the Council provides and promotes the Council's on-going commitment to equality and diversity.
 
(b)       Failure to up-date the Race Equality Scheme is contrary to the stated requirements of the Commission for Race Equality and could result in a compliance action being taken against the Authority.
 
121.              ADOPTION OF NEW BYE-LAWS FOR THE PRACTICE OF ACUPUNCTURE, TATTOOING, SEMI-PERMANENT SKIN COLOURING, COSMETIC PIERCING AND ELECTROLYSIS
 
The Board considered the report of Councillor John Dwyer, Portfolio Holder for Safer Communities.
 
The legislation relating to the practice of acupuncture, tattooing, ear piercing and electrolysis had been up-dated to include new powers for the regulation of cosmetic piercing and skin-colouring practices. The Board was asked to recommend to Council that the existing bye-laws be revoked and in their place, the Government's new consolidated Model Bye-laws be adopted.
 
RECOMMENDATION TO COUNCIL:
 
That, pursuant to Section 15 of the Local Government (Miscellaneous Provisions) Act 1982, as amended by Section 120 of the Local Government Act 2003, Council makes new Bye-laws for the Regulation of the Practice of Acupuncture, Tattooing, Semi-Permanent Skin-Colour, Cosmetic Piercing and Electrolysis in the Borough of Crewe and Nantwich.
 
Alternative Options:
 
To decline to make new bye-laws as detailed.
 
Reasons for the Decision:
 
(a)              The bye-laws made in 1985 under the Local Government (Miscellaneous Provisions) Act 1982 are now out-of-date as a result of changes in industry practice and intervening relevant legislation.
 
(b)             The measures will increase health protection and reduce the risk of transmission of blood-borne virus infection.
 
(c)              The making of new bye-laws will allow the Council to carry out its obligations to monitor establishments carrying out the relevant practices, more fully and effectively, and enable it to enforce any breaches.
 
122.            REVIEW OF REDUNDANCY POLICY
 
The Board considered the report of Councillor John Hatfield, Portfolio Holder for Human Resources.
               
The existing Redundancy and Redeployment Policy had been in place for approximately ten years and there had been significant changes in Employment Law since the Policy was introduced.  A review of existing policy had been carried out and a number of recommendations for a variety of changes, both in style and provision within the policy were proposed. 
 
The report outlined the main changes proposed to up-date the policy.  The Board was asked to approve the amendments to the revised policy and recommend to Council that it be adopted.
            
DECISION:
 
That the proposed amendments to the Redundancy and Redeployment Policy, as identified in the report, be approved.
           
RECOMMENDATION TO COUNCIL:
 
That the revised Redundancy and Redeployment Policy be adopted.
 
Alternative option:
 
To amend the policy for submission to the unions for further consultation.
 
Reason for the Decision:
 
(a)The document is the result of consultation with the unions, and amendments have been made to reflect their comments.
 
(b) The revised policy is in line with the changing legal and operational climate.
 
123.            REPORT OF EXECUTIVE DIRECTOR, DIRECT SERVICES
 
In accordance with Contract Regulations, the Executive Director, Direct Services, reported that tenders had recently been invited and received for the following
 
Tender for the supply of 5 refuse collection vehicles (only 4 vehicles to be ordered at the present time)
 
Nineteen tenders had been invited; nine were returned.  The nominated contractor was
 
Dennis Eagle Ltd., Heathcote Way, Heathcote Industrial Estate, Warwick, CV34 6TE
 
124.           EXCLUSION OF PRESS AND PUBLIC
 
RESOLVED : That the press and public be excluded from the meeting during consideration of the following item pursuant to Section 100(A)(4) of the Local Government Act 1972 on the grounds that it involved the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A (as amended) of the Act.
 
125.            WRITE-OFFS (PARAGRAPH 3)
               
The Board considered the report of Councillor Graham Fenton, Portfolio Holder for Finance.
 
Financial Regulations required Borough Council approval to be obtained before any individual debt which exceeded £1,000 was written off.  The report made recommendations for write-offs in connection with Sundry Debtors.  
 
DECISION:
 
That Sundry Debtor arrears totalling £38,271.16, as detailed in Appendix 1 of the report, be written off.
           
Alternative Options:
 
As detailed in the report.
 
Reasons for the Decision:
 
(a)            All reasonable steps have been taken to pursue the debts.
 
(b)            The write-off action is in accordance with the Council's Financial Regulations.
 
126.          RE-ADMITTANCE OF PRESS AND PUBLIC
 
RESOLVED:  That the press and public be re-admitted to the meeting.
 
127.            NANTWICH SWIMMING POOL MAINTENANCE
 
The Chairman agreed to take this item as a matter of urgency.
 
The Board considered the report of Councillor Bill McGinnis, Portfolio Holder for Leisure.
 
The report explained the problems which had been experienced with plant and machinery at Nantwich Swimming Pool during recent months and in particular, the mechanisms necessary to maintain the water in a clean condition to ensure that there were no health risks to users of the pool.
 
It had been the Council's practice to contact local specialised contractors for this type of work.  Two such contractors (GRC Filtration Services and F T Leisure) were invited to provide estimates of the cost of the work necessary to rectify the problems.  Both companies had previously carried out work at Nantwich Swimming Pool.  Upon receipt of estimates, it was decided that the extent of the repairs required a more in-depth condition survey.  Only GRC Filtration Services was able to undertake the survey within the timeframe.
 
The Board was asked to authorise the necessary repairs and to waive Standing Orders to enable GRC Filtration Services, which had submitted the lowest cost estimate, to carry out the work.
 
DECISION:
 
(A)             That the necessary repairs and refurbishment be undertaken to the plant at Nantwich Swimming Pool at an estimated cost of £49,500 to be met from within the Capital Programme's Contingency Budget; and
 
(B)             That Standing Orders be waived to allow GRC Filtration Services to undertake the work during a closure period for public use of 18th December 2006 to 5th January 2007.
 
Alternative Options:
 
(a)              Continue to operate the pool under manual dosing arrangements; or
 
(b)              Undertake repairs to the pipework and filters only, at a reduced cost of £39,000.
 
Reasons for the Decision:
 
(a)       The repairs will ensure that the pool plant system is reliable and will maintain pool water quality.
 
(b)       Failure to carry out the necessary repairs could lead to further disruptions to public service, a likelihood that further expenditure of £28,500+ would be required within a 3-5 year period and the loss of income to the Council.
 
 
 
................................................................Signed