Your Council!Your Council
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