COUNCIL MEETING
20TH SEPTEMBER
2006
PRESENT: The
Worshipful the Mayor, Councillor H W Curran;
Deputy Mayor, Councillor M R Jones, Councillors T E Ankers, R
A Bailey, W T Beard, D N Bebbington, J A Beech,
J D Bratherton, D Brickhill, P K Butterill, M Campbell, R
Cartlidge, D H D Charlesworth, S G Conquest, A Crawford, W S
Davies, R E Dodd, T R Dunlop, J V Dwyer, B H Dykes, B Evans, A
Fawcett, G Fenton, M Grant, G Griffiths, J Hammond, S W Hogben, M A
Hollins, E Howell, R Jones, A C Johnson, J Lewis, M A Martin, W S
McGinnis, A Moran, S J S Mottram, J A Pearson, A Richardson, M
Roberts, S Roberts, R Salmon, B G Silvester, M J Simon, D J
Straine-Francis, J I Stockton, C G Thorley, C Waling, M J
Weatherill, R Westwood, L T Wood and J Wright
ADMISSION OF LESLIE DAVIES TO THE
ROLL OF HONORARY ALDERMEN
73
In pursuance of Notice given, it was
RESOLVED UNANIMOUSLY:
That in recognition of his eminent services to the Borough
Council, Leslie Davies be admitted to the Roll of Honorary Aldermen
of the Borough of Crewe and Nantwich in pursuance of Section 249 of
the Local Government Act 1972 and thereby entitled to the title and
privileges of an Honorary Alderman.
(NOTE:
The Motion was formally proposed by Councillor C G Thorley,
seconded by Councillor G Griffiths and supported by Councillor M J
Weatherill.)
At this point in the proceedings, Father Ralph Powell was
invited to lead the Council and guests in prayer.
Following the passing of the resolution by the Borough
Council, Honorary Alderman Davies signed the Roll of Honorary
Aldermen and responded to his admission.
The Worshipful the Mayor, Councillor H W Curran, presented
Honorary Alderman Davies with a bound illuminated copy of the
Council's resolution.
COMMUNICATIONS
74
The Chief Executive read out congratulatory
messages.
ADJOURNMENT
75 At
this point in the proceedings the meeting was adjourned.
APOLOGIES FOR ABSENCE
76
Apologies for absence were received from Councillors D J Cannon, P
A Hallett, J K Hatfield, Z S Krizanac and R Stafford.
MINUTES
77
RESOLVED: That the Minutes of the
meeting held on 2nd August 2006 be approved as a correct
record and signed by the Mayor.
PUBLIC QUESTION TIME
78
It was reported that on this occasion, three questions had been
received in accordance with the Public Question Time Procedure Rule
No. 31(2). The first two questions were from Mr
R Oultram and the third question was from Mr R J Copping.
Councillor B Evans, the Council Convenor, read out Mr
Oultram's first question which related to the set-up costs of
Wulvern Housing; he had quoted from a comment
made by the District Auditor in May 2004 to support his
question. Councillor Fenton, the Portfolio
Holder for Finance, responded, drawing Mr Oultram's attention to
the remainder of the District Auditor's comment which addressed the
question he had posed.
Mr Oultram asked a supplementary question and the Portfolio
Holder indicated that he had no further response.
Councillor B Evans read out Mr Oultram's second question which
related to a continuation of the "right to buy" scheme for Council
housing. Councillor Fenton responded to the
effect that tenants who had transferred from the Council to Wulvern
Housing in March 2003 had retained the "right to buy" including any
appropriate discounts. New tenants of Wulvern
Housing had a different right, known as the "right to acquire", but
Mr Oultram would need to take up this matter direct with Wulvern
Housing.
Mr Oultram asked a supplementary question. The Portfolio
Holder suggested that Mr Oultram take up the issue with Wulvern
Housing.
Councillor Evans read out the third question which was from Mr
Copping. Mr Copping wished to know when members
of the public would be permitted to speak at Development Control
Committee meetings. Councillor R A Bailey, the
Portfolio Holder for Planning replied to the effect that the
introduction of the Site Inspection Protocol and a Call-In
procedure was the first of an on-going review and public speaking
at Committee would be considered in due course.
Mr Copping asked a supplementary question.
The Portfolio Holder confirmed that the proposal in respect of
public speaking required due consideration before reaching a
decision on whether or not to introduce it at Development Control
Committee meetings.
MAYOR'S COMMUNICATIONS AND CIVIC
ACTIVITIES
79
Council received the Mayor's communications and a resumé of civic
life in the Borough since the last
meeting.
COMMITTEE OF FULL COUNCIL
80
RESOLVED: That the Council now sit as a Committee of Full
Council.
DECLARATIONS OF INTEREST
81
No Member made any declaration of interest in any item of
business on the agenda at this point in the
proceedings.
CONSIDERATION OF ANY PERFORMANCE AND OVERVIEW
COMMITTEE REPORTS AND
RECOMMENDATIONS
82
There were no reports or recommendations from the Performance and
Overview Committees on this occasion.
BUILDING CONTROL COLLABORATIVE WORKING
83
At its meeting held on 6th September 2006, the Board
considered the report of Councillor R A Bailey, the Portfolio
Holder for Planning, which set out proposed arrangements for a
joint Building Control Service with Congleton and Macclesfield
Borough Councils. The proposal had been
formulated following agreement, in principle, to joint working from
all three authorities.
RECOMMENDED: (a) That Crewe and Nantiwch
Borough Council's Building Control functions be delegated to the
proposed Joint Committee (with any necessary changes made to this
Council's Constitution);
(b) That
Councillors R A Bailey and C G Thorley be nominated to sit on the
Joint Committee; and
(c)
That the shared set-up costs of £50,000 be funded from the Building
Control accumulated surplus.
DEPUTY COUNCIL CONVENOR
84
At Annual Council on 17th May 2006, Councillor J K
Hatfield had been elected Deputy Council
Convenor. At that time, the Conservative Group
had agreed to review this on account of Councillor Hatfield's
position as a Member of the Board.
Councillor Hatfield had now resigned his position as Deputy
Council Convenor. It was proposed
"That Councillor T E Ankers be appointed Deputy
Council Convenor".
In accordance with Procedure Rule No. 18 (1), a named vote was
requested
There Voted For the Motion
Councillors T E Ankers, R A Bailey, D N Bebbington, J A Beech,
D Brickhill, D H D Charlesworth, W S Davies, R E Dodd, J V Dwyer, B
H Dykes, G Fenton, J Hammond, M A Hollins, A C Johnson, J Lewis, W
S McGinnis, A Moran, S J S Mottram, J A Pearson, A Richardson, B G
Silvester, M J Simon, C Waling, M J Weatherill and R
Westwood.
There Voted Against the Motion
The Deputy Mayor, Councillor M R Jones, Councillors W T Beard,
J D Bratherton, M Campbell, R Cartlidge, S Conquest, A Crawford, T
R Dunlop, M Grant, G Griffiths, S W Hogben, E Howell, R Jones, M A
Martin, M Roberts, S Roberts, R Salmon, D J Straine-Francis, C G
Thorley, L T Wood and J Wright.
There Abstained from Voting on the
Motion
The Worshipful the Mayor, Councillor H W Curran and
Councillors P K Butterill, B Evans, A Fawcett and J I
Stockton.
The Worshipful the Mayor announced the result of the recorded
vote: 25 Members voted for the Motion, 21
Members voted against the Motion and 5 Members abstained from
voting.
The Motion, having been put to the vote, was
carried.
COMMITTEE PLACEMENT DEVELOPMENT CONTROL
COMMITTEE
85
Councillor A Moran (Nantwich Independent Group) had resigned as a
Member of the Development Control Committee, with immediate
effect. Council was asked to approve the
appointment of Councillor J I Stockton, (Nantwich Independent
Group).
RECOMMENDED: That Councillor J I Stockton be
appointed to the Development Control Committee, with immediate
effect.
BOARD REPORT AND QUESTIONS TO THE BOARD AND COMMITTEE
CHAIRS
86
The Committee of Full Council was invited to ask questions of the
Board or Committee Chairs in accordance with Procedure Rule No. 9.
These were responded to by the Leader of the Council, Portfolio
Holders and Committee Chairs, as
appropriate.
Councillors B G Silvester, G Fenton and W S McGinnis undertook
to provide written responses to all Councillors in respect of
specific issues raised on their respective reports.
(Notes: (a) During discussion of the issue
of enforcement in rural areas, Councillor G
Griffiths declared a personal interest on the basis that he was a
Clerk to two Parish Councils;
(b) During discussion of the Local Strategic Partnership,
Councillor D Brickhill declared a personal interest on the basis of
his County Council membership.)
EXCLUSION OF PRESS AND PUBLIC
87
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
Paragraphs 1 and 3 of Part 1 of Schedule 12A (as amended) of the
Act.
(Note: At this point in the proceedings, Alan Wenham and
Alan Warburton withdrew from the meeting.)
APPLICATION FOR EARLY RETIREMENT (CHIEF
EXECUTIVE) APPLICATION FOR VOLUNTARY REDUNDANCY
AND EARLY RETIREMENT (ASSISTANT CHIEF EXECUTIVE
DEMOCRATIC SERVICES & HUMAN
RESOURCES)
88
At its meeting on 6th September 2006, the Board
had considered the application of the Chief Executive for early
retirement and the application of the Assistant Chief Executive
(Democratic Services & Human Resources) for voluntary
redundancy and early retirement. Both
applications were recommended to Council for approval.
The reports of the Portfolio Holder for Human
Resources considered by the Board, in respect of these
applications, were submitted.
The Board had also authorised the appointment of an
appropriate external adviser to provide an independent view on
capacity within the remaining establishment of Chief Officers and
other Senior Managers should the applications be
approved. The consultant's report was now
submitted for consideration.
Council was invited, inter alia, to appoint a
Members' Working Group of 8 Members, in accordance with the rules
of proportionality (4 Conservative, 3 Labour, 1 Liberal
Democrat). On behalf of the Liberal Democrats
Group, Councillor Griffiths declined to accept a place on the
Working Group.
RECOMMENDATION: (a) That
the application of the Chief Executive for early retirement, be
approved, with discretion exercised to award up to 6.66
compensatory added years, according to age and length of service,
enabling retirement to take effect on 30th September
2006;
(b) That the
application of the Assistant Chief Executive (Democratic Services
and Human Resources) for voluntary redundancy and early retirement
be approved, with discretion exercised to award full redundancy
compensation based on actual salary and up to 4.44 compensatory
added years to pension, proportionately according to age and length
of service, enabling redundancy and early retirement to take effect
on 30th September 2006;
(c) That the
related post of Secretarial Assistant be deleted from the
establishment and the current post-holder be re-deployed, as
appropriate;
(d) That the new
top-tier management structure be led by a Chief Executive;
(e) That the
Council seek, initially, to make an appointment to this post
internally;
(f)
That a Members' Working Group of eight Members be established in
accordance with proportionality rules (4 Conservative, 3 Labour, 1
Independent);
(g) That
Councillors B G Silvester, M J Simon, J K Hatfield and R Westwood,
with J Hammond as deputy, be appointed from the Conservative
Group;
(f)
That the Labour and Independent Groups give notification of their
representatives, outside the meeting;
(g) That the
Members' Working Group meet at the earliest opportunity
(i) to consider the
job profile documentation and person specification for the new
Chief Executive role; and
(ii) to agree the
selection process prior to the final appointment of the new Chief
Executive at Council on 1st November 2006.
In accordance with Procedure Rule No. 18 (2), Councillor S
Roberts requested that his vote be recorded; he
had voted to reject the application of the Chief Executive for
early retirement.
(Note: Relevant Officers withdrew during consideration of
reports which were likely to have a direct effect on their
employment conditions.)
RE-ADMITTANCE OF PRESS AND PUBLIC
89
RESOLVED: That the press and public be
re-admitted to the meeting.
(Note: At this point in the proceedings, Alan Wenham and
Alan Warburton re-joined the meeting.)
ALAN WENHAM AND ALAN WARBURTON
90
Following the recommendation made in Minute No. 88 above, it
was noted that this was the last Council meeting at which Mr A
Wenham and Mr J A Warburton would be in attendance.
Both Officers took the opportunity to address
Members.
Mr Wenham had enjoyed his tenure as Chief Executive over the
previous 15 years and he thanked Members for their support and
friendship during this time.
Mr Warburton had been employed by the Council for 25 years and
had enjoyed the variety and challenges
presented. He too thanked Members for their
support.
In response, the Worshipful the Mayor and Group Leaders, paid
tribute to the individual contributions made by each Officer to the
work of the authority over many years and offered their best wishes
for their retirement.
RECONVENING OF FULL COUNCIL
91
RESOLVED: That Full Council be now
reconvened.
(Note: At this point in the proceedings, Alan Wenham and
Alan Warburton withdrew from the meeting.)
RECOMMENDATIONS OF THE COMMITTEE OF FULL
COUNCIL
92
RESOLVED: That the recommendations of
the Committee of Full Council be approved and adopted.
...................................................Mayor