COUNCIL MEETING
28TH JUNE
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, D J Cannon, 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, P A Hallett, J Hammond, S W Hogben, M A
Hollins, R Jones, A C Johnson, Z S Krizanac, J Lewis, M A Martin, A
Moran, S J S Mottram, A Richardson, M Roberts, S Roberts, R Salmon,
B G Silvester, M J Simon, R Stafford, D J Straine-Francis, J I
Stockton, C G Thorley, C Waling, M J Weatherill, R Westwood, L T
Wood and J Wright
APOLOGIES FOR ABSENCE
35
Apologies for absence were received from Councillors E Howell, W S
McGinnis, J K Hatfield and J A Pearson.
MINUTES
36
RESOLVED: That the minutes of the
Annual Meeting held on 17th May 2006 be approved as a
correct record and signed by the Mayor, subject to the following
amendment -
Minute No. 33 Leaders of Political Groups
Liberal Democrat Group.
Add "Councillor J D Bratherton
(Group Deputy)"
PUBLIC QUESTION TIME
37
It was reported that on this occasion no questions had been
received in accordance with the Public Question Time Procedure Rule
No. 31(2).
MAYOR'S COMMUNICATIONS AND CIVIC
ACTIVITIES
38
Council received the Mayor's communications and a resumé of civic
life in the Borough since the last
meeting.
COMMITTEE OF FULL COUNCIL
39
RESOLVED: That the Council now sit as a Committee of the
Full Council.
DECLARATIONS OF INTEREST
40
Councillor M Campbell declared a personal interest in
agenda item 6 (Municipal Square Suspension of Certain
Works) on the basis that she was a member of Platform (the
Citizens' Panel). Councillor D N
Bebbington declared a personal and prejudicial interest in
agenda item 6 (Municipal Square Suspension of Certain
Works) on the basis that he was a former member of the
Memorial Action Team. Councillor B G Silvester
declared a personal interest in agenda item 6 (Municipal Square
Suspension of Certain Works) on the basis that he was a member
of Platform, and item 9 (Review of the Crewe and Nantwich
Private Sector Housing Renewal Policy) on the basis that he
was a landlord. Councillor M J Weatherill declared
a personal interest in agenda item 9 (Review of the Crewe and
Nantwich Private Sector Housing Renewal Policy) on the basis
that she was a landlord. Councillors A
Moran, M J Simon and A Richardson declared personal
interests in agenda item 7 (Notice of Motion Speed Limit on
Waterlode) on the basis of their County Council
membership.
No other Member made any declaration of interest in any item
of business on the agenda.
CONSIDERATION OF ANY PERFORMANCE AND OVERVIEW
COMMITTEE
REPORTS AND RECOMMENDATIONS
41
Municipal Square, Crewe Suspension of Certain
Works
The Performance and Overview Committee (Local Economy &
Environment) had called-in Board Decision No. 3 (Municipal Square,
Crewe Suspension of Certain Works) made on 5th June
2006.
The Committee met on 15th June 2006 and following
review of the decision agreed that the issue be referred to Council
in accordance with Performance and Overview Procedure Rule 14.1
(ii) (e) and 14.1 (c) on the grounds that it was "of particularly
high local significance and of public interest, and that Council,
not Board, was the appropriate forum for further consideration or
review."
The following motion was moved -
"That this Council -
(a) recognises the Board's commitment to
re-consultation;
(b) wishes to minimise the impact of possible
abortive and/or additional costs on the Council Tax
payer;
(c) views it as imperative that the Crewe War
Memorial is located in an appropriate setting for November's events
(Armistice Day & Remembrance Sunday this
year); and
therefore urges the Board to allow works on the
Municipal Square to proceed to completion without further delay,
and without prejudice to the outcome of public
re-consultation."
An amendment to the motion was moved -
"That this Council
(a) recognises the Board's commitment to
re-consultation;
(b) wishes to minimise the impact of possible
abortive and/or additional costs on the Council Tax
payer;
(c) guarantees that the Remembrance Day Service will be
held in the centre of Crewe this year; and
(d) that this Council endorses the Board's decision to
place a stop on the War Memorial-related work on the Municipal
Square."
Before the vote was taken, at least six Members of the Borough
Council requested that the vote on the amendment be recorded to
show whether each Member presented voted for or against the Motion,
or abstained from voting, in accordance with Procedure Rule No.
18.
The recorded vote was as follows
There Voted For the Amendment
Councillors Ankers, Bailey, Beech, Brickhill, Charlesworth,
Davies, Dodd, Dwyer, Dykes, Fenton, Hallett, Hammond, Hollins,
Johnson, Lewis, Moran, Mottram, Richardson, Silvester, Simon,
Waling, Weatherill and Westwood.
There Voted Against the Amendment
The Worshipful the Mayor, Councillor H W Curran,
Deputy Mayor, Councillor M R Jones, Councillors Beard,
Bratherton, Butterill, Campbell, Cannon, Cartlidge, Conquest,
Crawford, Dunlop, Evans, Fawcett, Grant, Griffiths, Hogben, R
Jones, Krizanac, Martin, M Roberts, S Roberts, Salmon, Stafford,
Straine-Francis, Stockton, Wood and Wright
The Worshipful the Mayor announced the result of the recorded
vote; 23 Members voted for the amendment to the Motion and 27
Members voted against the amendment to the Motion. The amendment
having been lost, the original Motion was put to the meeting.
Before the vote was taken, a named vote was requested, in
accordance with Procedure Rule No. 18.
There Voted For the Motion
The Worshipful the Mayor, Councillor H W Curran,
Deputy Mayor, Councillor M R Jones, Councillors Beard,
Bratherton, Butterill, Campbell, Cannon, Cartlidge, Conquest,
Crawford, Dunlop, Evans, Fawcett, Grant, Griffiths, Hogben, R
Jones, Krizanac, Martin, M Roberts, S Roberts, Salmon, Stafford,
Straine-Francis, Stockton, Wood and Wright.
There Voted Against the Motion
Councillors Ankers, Bailey, Beech, Brickhill, Charlesworth,
Davies, Dodd, Dwyer, Dykes, Fenton, Hallett, Hammond, Hollins,
Johnson, Lewis, Moran, Mottram, Richardson, Silvester, Simon,
Thorley, Waling, Weatherill and Westwood.
The Worshipful the Mayor announced the result of the recorded
vote: 27 Members voted for the Motion and 24 Members voted against
the Motion.
The Motion, having been put to the vote, was
carried.
(Note: Councillor D N
Bebbington, having declared a personal and prejudicial interest in
this item, withdrew from the meeting prior to discussion and
re-joined the meeting following the vote.)
NOTICE OF MOTION (SPEED LIMIT, WATERLODE,
NANTWICH)
42
The Committee of Full Council was invited to consider a Notice of
Motion submitted by Councillor J Lewis and supported by Councillor
G Fenton, in accordance with Procedure Rule No. 7(1).
"(a) That this Council notes that
the County Council has re-advertised the proposal to raise the
speed limit on the new Waterlode in Nantwich to 40
mph;
(b) That this Council strongly objects to the proposal
because it increases the speed limit outside Malbank High School;
and
(c) That Cheshire County Council be informed of this
Council's objections to the proposal."
The Motion was put to the vote and was
carried.
BEST VALUE PERFORMANCE
PLAN
43
The Council was required to produce a Best Value Performance
Plan by 30th June 2006.
At its meeting on 15th June 2006, the Board
considered the report of Councillor Brian Silvester, Leader of the
Council, which satisfied the statutory requirement to set
out the way in which the Council intended to deliver its key policy
priorities and its proposals for continuous improvement in its
standards of performance.
RECOMMENDED: That the Best Value
Performance Plan for 2006-2007 be approved, subject to minor
technical/grammatical amendments being made before
publication.
REVIEW OF THE CREWE AND NANTWICH PRIVATE SECTOR
HOUSING
RENEWAL POLICY
44
Following (a) the introduction of the Housing Act 2004; (b) the
capital grant of £779,000 from the Regional Housing Pot; (c) the
Neighbourhood Renewal Strategy; and (d) the results from the
Private Sector Stock Condition Survey, a draft revised policy on
private sector housing had been produced. Consultation had taken
place and amendments made as necessary.
At its meeting held on 15th June 2006, the Board
considered the report of Councillor Rachel Bailey, Portfolio Holder
for Planning, which recommended approval of the revised policy.
RECOMMENDED: That the
Crewe and Nantwich Private Sector Housing Renewal Policy be
approved as Council Policy with effect from 1st July
2006.
STATEMENT OF ACCOUNTS 2005-2006
45
The Board, at its meeting held on 28th June 2006,
considered the report of Councillor Graham Fenton, Portfolio Holder
for Finance, which presented the Statement of Accounts for
2005-2006. It also contained a summary of
out-turn against revised estimates for each portfolio together with
a brief explanation of the main variances for 2005-2006. The
out-turn on key income streams and the monitoring of targets for
income collection and progress on recovery of arrears was also
included in the report.
The Committee of Council considered the Portfolio Holder's
report, together with an amendment to the Statement of Accounts to
take account of revisions to the Consolidated Balance Sheet and a
related entry in the Statement of Total Movements in
Reserves.
A number of issues were raised by Members and these were
responded to by the Executive Director (Treasury and Corporate
Support).
RECOMMENDED: That the
Statement of Accounts 2005-2006 be approved.
STATEMENT ON INTERNAL CONTROL
46
The Accounts and Audit Regulations 2003 had established
requirements relating to systems of internal control and the review
and reporting of those systems. It was a requirement that a
Statement on Internal Control be published with the Statement of
Accounts.
At its meeting held on 28th June 2006, the Board
considered the report of Councillor Graham Fenton, Portfolio Holder
for Finance, which presented the Statement on Internal
Control.
The Committee of Council considered the Portfolio Holder's
report, together with an additional paragraph which took account of
Baker Tilly's 'low risk' assessment of the Council, as expressed in
its Audit and Inspection Plan 2006-2007 and was recommended for
inclusion in Section 4 of the Statement (Review of
Effectiveness).
RECOMMENDED: That the
Statement on Internal Control, as amended, be approved.
COMMITTEE PLACE LICENSING AND REGULATORY
COMMITTEE
47
Councillor A Moran had advised that, for personal reasons, he
wished to relinquish his place on the Licensing and Regulatory
Committee.
RECOMMENDED: That the
appointment to the vacancy on the Licensing and Regulatory
Committee be deferred for consideration to the next meeting.
CONSERVATIVE GROUP COMMITTEE PLACEMENTS
48
Performance and Overview Committee (Community)
Councillor J A Pearson had advised that, for personal reasons,
she wished to relinquish her place on the Performance and Overview
Committee (Community).
Central Cheshire Local Health Scrutiny Committee
and West Cheshire Local Health Scrutiny
Committee
At Annual Council on 17th May 2006, Councillors D
Brickhill and R A Bailey had been appointed to the Central Cheshire
Local Health Scrutiny Committee and Cheshire West Local Health
Scrutiny Committee respectively.
These Committees were joint committees established under
Article 12 of Cheshire County Council's
Constitution. Under the law, an Executive Member
was not permitted to serve on a Scrutiny Committee and this was
reflected in the Constitutions of both the Borough Council and the
County Council. As a consequence, Councillors Brickhill and Bailey
had relinquished their places on these Committees.
RECOMMENDED: (a) That Councillor S J S
Mottram replace Councillor J A Pearson on the Performance and
Overview Committee (Community) with immediate effect;
(b) That Councillor T E Ankers replace Councillor D Brickhill
on the Central Cheshire Local Health Scrutiny Committee with
immediate effect; and
(c) That Councillor M A Hollins replace Councillor R A Bailey
on the Cheshire West Local Health Scrutiny Committee, with
immediate effect.
BOARD REPORT AND QUESTIONS TO THE BOARD AND
COMMITTEE
CHAIRS
49
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.
EXCLUSION OF PRESS AND PUBLIC
50
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.
LYCEUM THEATRE "NO SMOKING" POLICY (PARAGRAPH
3)
51
At its meeting on 15th June 2006, the Board considered
the report of Councillor Bill McGinnis, the Portfolio Holder for
Leisure.
The Board recommended that the "No Smoking" Policy (approved
by Council on 29th June 2005) be suspended at the Lyceum
Theatre to enable smoking in the ground-floor bar only, until the
national policy of "No Smoking in Public Buildings" was introduced
in the Summer of 2007.
RECOMMENDED: That the "No Smoking" Policy be
suspended at the Lyceum Theatre to enable smoking in the ground
floor bar only, until the national policy of "No Smoking in Public
Buildings" was introduced in the Summer of 2007.
RE-ADMITTANCE OF PRESS AND PUBLIC
52
RESOLVED: That the press and public be
re-admitted to the meeting.
RECONVENING OF FULL COUNCIL
53
RESOLVED: That the Full Council be now
reconvened.
RECOMMENDATIONS OF THE COMMITTEE OF FULL
COUNCIL
54
RESOLVED: That the recommendations of
the Committee of Full Council be approved and adopted.
.................................................Mayor