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STATEMENT OF DECISIONS MADE AT A MEETING OF THE BOARD

HELD ON 26th JULY 2007
 
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 Hammond            (Portfolio Holder for the Local Environment)
Councillor John Hatfield                (Portfolio Holder for Finance)
Councillor Bill McGinnis                (Portfolio Holder for Leisure)
Councillor Jacquie Weatherill        (Portfolio Holder for Human Resources)
Councillor Ray Westwood             (Portfolio Holder for Neighbourhoods)
 
NON-BOARD MEMBERS IN ATTENDANCE:
 
Councillors R Cartlidge, W T Beard, M Roberts, S Roberts and S W Hogben.
 
OFFICERS IN ATTENDANCE:
 
Paul Ancell                 (Chief Executive)
Ralph Bason              (Electoral Registration Officer)
Paul Burns                 (Business Development Manager Direct Services)
Lisa Carr                    (Policy and Performance Officer)
Jenny Cross               (Executive Director, Treasury and Corporate Support)
Paul Goodwin            (Assistant Director, Accountancy and Audit)
Chris Henshall           (Borough Solicitor and Monitoring Officer)
Vikki Jeffrey               (Head of Housing)
Lucy Johnson            (Visitor Economy Development Manager)
Gareth Roberts          (Economic Development and Estates Manager)
Amanda Sherratt       (Health and Safety Officer)
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 17th July 2007.   The agenda and reports are available on the Council's Internet Website. http://www.crewe-nantwich.gov.uk/
 
25.         DECLARATIONS OF INTEREST
 
Councillor R Westwood declared a personal and prejudicial interest in agenda Item 20 (Homelessness Contract) on the basis that he was a Member of the Wulvern Housing Board. 
 
No other Member made any declaration of interest in any item of business on the agenda.
 
26.         BOARD DECISIONS 27th JUNE 2007
 
The Board received the Statement of Decisions made at a meeting held on 27th June 2007.
 
27.         RECONSIDERATION OF DECISIONS
 
No decisions had been referred back to the Board for reconsideration.
 
28.         CONSIDERATION OF SCRUTINY COMMITTEE COMMENTS/RECOMMENDATIONS
 
The Scrutiny Committees had been invited to comment on Board reports. Comments had been received from the Organisation Scrutiny Committee,   and these were considered under the appropriate heading.
 
29.         WULVERN HOUSING GOVERNANCE ARRANGEMENTS RECOMMENDATION OF THE ORGANISATION SCRUTINY COMMITTEE
 
At its meeting held on 31st May 2007, the Board considered the report of Councillor Margaret Simon, Portfolio Holder for Customers which contained details of Wulvern Housing's consultation on its proposals for changes to its governance.  The Board agreed to defer a decision and refer the matter to the Organisation Scrutiny Committee. 
 
The Organisation Scrutiny Committee held a special meeting on 25th June 2007 and the Board was invited to consider the recommendations made at that meeting in respect of Wulvern Housing Governance Arrangements.
 
RECOMMENDATION TO COUNCIL:
 
(A)     That the number of Local Authority Members of Wulvern Housing Board be reduced to 3, with the option of one of these 3 being a Local Authority nominee; and
 
(B)    That Wulvern Housing be advised that this Local Authority has no objection to a remuneration policy being introduced in favour of independent members of the Board.
 
Alternative Option:
             
Members do not agree to Wulvern Housing's proposal.
 
Reasons for the Decision:
 
Wulvern Housing Board was consulting the Local Authority on proposed changes to its rules to allow it to reduce the Board membership from 15 to a maximum of 12. This complies with the National Housing Federation Code of Governance.
 
30.         PROPOSED OFF-STREET PARKING PLACES ORDER (TO INTRODUCE A PAY AND DISPLAY SYSTEM OF PARKING AT EDLESTON ROAD CAR PARK, CREWE): CONSIDERATION OF OUTCOME OF STATUTORY CONSULTATION
 
The Board considered the report of Councillor John Hammond, Portfolio Holder for the Local Environment.
 
Notice of the proposal to make an Off-Street Parking Places Order, to introduce a system of Pay and Display for parking at Edleston Road Car Park, Crewe, had been advertised in accordance with statutory requirements. 
 
One objection to the proposal had been received, and the Board was asked to consider the objection together with the response given in the report.
 
DECISION:
 
(A)     Not to sustain the objection for the reasons given in the report; And
 
(B)    That the making of the proposed Off-Street Parking Places Order in respect of Edleston Road Car Park, Crewe be authorised, the effect of which will be to amend the Borough of Crewe and Nantwich (General) (Off-Street Parking Places) Order 1995 in order to introduce a Pay and Display system of parking at Edleston Road Car Park, Crewe.   
 
Alternative Option:
 
To sustain the objection and as a result not approve the making of the Order.
 
Reasons for the Decision:
 
(a)       The proposal to amend the car park order was advertised in accordance with statutory requirements.
 
(b)       The proposal should increase availability of car parking spaces for shoppers in the area and warden patrols should improve safety and security in the car park.
 
31.         CONSOLIDATION AND AMENDMENT OF THE EXISTING CREWE AND NANTWICH BOROUGH COUNCIL OFF-STREET PARKING PLACES ORDER
             
The Board received, for information, the report of Councillor John Hammond, Portfolio Holder for the Local Environment.
 
The report provided information in respect of the on-going preparatory work being undertaken as part of the procedure to introduce Decriminalised Parking Enforcement.  This involved the amendment and consolidation of the existing Off-Street Parking Places Order.    
 
32.         FURTHER ELECTORAL REVIEW OF CREWE AND NANTWICH
 
The Board considered the report of Councillor Margaret Simon, Portfolio Holder for Customers together with an amended recommendation tabled at the meeting.
 
The Boundary Committee had published its final recommendations in respect of the Electoral Review of Crewe and Nantwich.  The final recommendations would be made to the Electoral Commission to make an Order.   The Commission would not make an Order before 7th August 2007 which effectively would be the date by which further representations should be made.
 
The Council had asked the Electoral Commission for an extension to the deadline for representations to allow full Council to comment on the proposals. However the Electoral Commission was not prepared to agree to an extension.
 
DECISION:
 
(A)      That the Boundary Committee's final recommendations in respect of the Electoral Review for Crewe and Nantwich be noted; and
 
(B)     That all Members of the Borough Council be advised that any further representations should be submitted before the 7th August 2007 deadline.
 
Alternative Option:
 
To make further representation to the Electoral Commission in respect of the final recommendations.
 
Reasons for the Decision:
 
(a)     The Boundary Committee has concluded its review of the future electoral arrangements for Crewe and Nantwich and submitted the final recommendations to the Electoral Commission to make an order.
 
(b)     The Electoral Commission will not make an Order before 7th August 2007 which effectively is the date by which any further representation should be made. 
 
33.         BEST VALUE PERFORMANCE INDICATORS PROGRESS REPORT FOR QUARTER 1 2007/08
 
The Board received, for information, the report of Councillor Jacquie Weatherill, Portfolio Holder for Human Resources.
 
The report summarised the performance activity of the key basket of Performance Indicators during the first quarter of the financial year 2007/08.
 
  34.        2007/08 FINANCIAL MONITORING REPORT TO 30TH JUNE 2007
 
The Board received, for information, the report of Councillor John Hatfield, Portfolio Holder for Finance.
 
The report informed Members of the actual expenditure and income in the current financial year 2007/08 up until 30 June, compared with profiled budgets. It also detailed the projected out-turn for the financial year 2007/08.
 
35.         ASSET MANAGEMENT PLAN 2007-2011
 
The Board considered the report of Councillor John Hatfield, Portfolio Holder for Finance.
 
The report recommended a revised Asset Management Plan.  This included the outcomes of the asset condition surveys which had provided reliable data to assist in planning the future maintenance programme.  The report also reflected on progress made in the management of the Council's assets.
             
DECISION:
 
(A)       That the draft Asset Management Plan be approved and further  consideration be given by the Board to the condition and performance data to enable the action plan to be developed; and
 
(B)       That the action plan be reported back to Board for approval before the Asset Management Plan is finalised and recommended to Council.
 
Alternative Options:
 
Various options were outlined in the report.
 
Reasons for the Decision:
             
(a)       There is a requirement under the Comprehensive Performance Assessment to maintain an Asset Management Plan to ensure effective use of the assets held.
 
(b)       The Asset Management Plan will ensure that the Council's assets are managed strategically, effectively and are 'fit for purpose'.
 
36.         TOURISM : RESPONSE TO "GREAT DESTINATIONS"
 
The Board considered the report of Councillor Bill McGinnis, Portfolio Holder for Leisure.
 
The North West Regional Development Agency had produced a set of guidelines titled 'Great Destinations Guidelines, Advice and Fresh Ideas on Tourism for Local Authorities in England's North West' for Local Authority partners.  The guidelines set out the new and crucial role that Local Authorities in the region had to play in the continued success and prosperity of the region's tourism sector.
 
DECISION:
             
That the guidelines set out in 'Great Destinations Guidelines, Advice and Fresh Ideas on Tourism for Local Authorities in England's North West' be adopted, in principle, and that the actions recommended in the report be implemented.
 
Alternative Option:
 
Not to adopt the guidelines set out in 'Great Destinations'.
 
Reasons for the Decision:
 
(a)       Tourism has a recognised role in the economic development of both regional local economies supporting a growing sector and creating employment opportunities and rural diversification.
 
(b)       A more efficient use of existing resources is expected and an effective Visitor Economy Strategy and delivery plan will attract external funding resources and economic inward investment to the Borough.
 
37.         GENDER EQUALITY SCHEME 2007-2010
 
The Board considered the report of Councillor Jacquie Weatherill, Portfolio Holder for Human Resources.
 
The Sex Discrimination Act placed a statutory duty on all public authorities.  This was known as the General Duty.  The Duty was supported by a set of specific duties, which included preparing and publishing a Gender Equality Scheme.
 
DECISION:
 
That the Gender Equality Scheme 2007-2010 be approved.
 
Alternative Options:
 
None.
 
Reason for the Decision:
 
(a)     The Equality Act 2006 amends the Sex Discrimination Act (SDA) to place a statutory gender duty on all public authorities as employers,   policy makers and service providers.
 
(b)     The Gender Equality Scheme 2007-2010 will ensure compliance with the SDA requirements, mainstream gender equality into the Council's policies and practices and promote the Council's commitment to Equality and Diversity.
 
38.         FOOD SERVICE PLAN 2007/08
 
The Board considered the report of Councillor John Dwyer, Portfolio Holder for Safer Communities.
 
The Food Standards Agency required, as part of its framework agreement for Local Authority Food Enforcement, every food authority to produce a Food Service Plan conforming with the requirements set out in the Framework Agreement.     The plan must be reviewed every year.
 
RECOMMENDATION TO COUNCIL:
 
That the Food Service Plan 2007/08 be approved and implemented.
 
Alternative Option:
 
To amend the Food Service Plan for 2007/08 prior to recommending it to Council.
 
Reasons for the Decision:
 
(a)          In March 2001 the Food Standards Agency (FSA) introduced an enforcement model for food authorities entitled the "Framework Agreement for Local Authority Food Law Enforcement".   The FSA requires each local authority to conform to the agreement, which is used as the basis for its audit protocol.
 
(b)          The Framework Agreement includes a requirement for every food authority to have in place a Food Service Plan, approved annually by the appropriate decision-making body of the Council.
 
39.         HEALTH AND SAFETY ANNUAL REPORT
 
The Board received, for information, the report of Councillor Jacquie Weatherill, Portfolio Holder for Human Resources. 
 
The report provided details of the main developments that had taken place in the area of health and safety during the year 2006 and gave an indication of the progress that had been made during the same period in the development of health and safety systems for the Borough.
 
40.           MEMBERS' ALLOWANCES 2007/2008
 
The Board considered the report of Councillor Margaret Simon, Portfolio Holder for Customers together with an amended recommendation tabled at the meeting.
 
The scheme of Members' Allowances currently in operation (2006/2007) expired at the end of March 2007.  It was proposed that the 2006/2007 scheme be extended to form the 2007/2008 scheme and that an Independent Remuneration Panel be appointed to review the Scheme for 2008/2009.   
 
RECOMMENDATION TO COUNCIL:
 
(A)    That the Scheme of Members' Allowances 2006/2007 be increased in line with the Employee Pay Award for 2007/2008, once this is agreed, to form the 2007/2008 Scheme of Members' Allowances and Schedule of Payments;
 
(B)    That, once agreement is reached on the Employee Pay Award,   the Scheme of Members' Allowances for 2007/2008 be backdated and applied with effect from 1st April 2007; and
 
(C)    That an Independent Remuneration Panel be appointed to review the Members' Allowances Scheme and make recommendations to inform the 2008/2009 budget.
 
Alternative Options:
 
(a)   To amend the scheme in line with the Average Earnings (excluding bonuses) Index as detailed in the report; or
 
(b)   To continue with the 2006/2007 scheme until such time as the Independent Remuneration Panel has concluded its review and made recommendations to Council.
 
Reasons for the Decision:
 
The Scheme of Allowances currently in operation expired at the end of March 2007 and, under the present arrangements, an Independent Remuneration Panel is required to review and evaluate the schedule of payments during 2007. 
 
41.      REPORT OF THE EXECUTIVE DIRECTOR, DIRECT SERVICES
 
In accordance with Contract Regulations, the Executive Director (Direct Services) reported on tenders which had recently been invited and received.
 
42.      EXCLUSION OF PRESS AND PUBLIC
 
RESOLVED: That the press and public be excluded from the meeting during consideration of the following items pursuant to Section 100(A)(4) of the Local Government Act 1972 on the grounds that they involved the likely disclosure of exempt information as defined in Paragraphs 1, 2  and 3 of Part 1 of Schedule 12A (as amended) of the Act.
 
43.      INSURANCE COVER AND CAPACITY ISSUES WITHIN THE REVENUES SECTION (PARAGRAPH 3)
 
The Board considered the report of Councillor John Hatfield, Portfolio Holder for Finance.
       
The report detailed the position in respect of the Council's insurance provision and requested that Contract Regulations be waived for an extension to the current contract.  It also contained proposals for addressing capacity issues within the Council Tax section by appointing an additional Revenues Assistant.
 
It was noted that the Organisation Scrutiny Committee had given specific support to the addition of a member of staff on the establishment.
 
DECISION:
 
(A)       That the Council's Regulations as to Contracts be waived to extend the agreement to appoint Zurich Municipal as the Council's Insurance Providers for a term of 5 years from 31 March 2008, with the associated savings for the 2007/2008 financial year;
 
(B)      That an additional Revenues Assistant be appointed to the Council Tax Section; and
 
(C)      That any future requests for an increase in establishment posts to be dealt with as a separate Board report and not combined with the reasons related to the funding of the post.
 
Alternative Options:
 
As detailed in the report.
 
Reasons for the Decision:
 
(a)          The Borough Council has a duty to maintain insurance cover for all areas of its operation. 
 
(b)          The introduction of an additional post in the Council Tax Section will enable the section to cope with the large increases in the work levels and have the capacity to develop new working practices to assist recovery and collection.
 
44.      INCOME/DEBTORS SECTION STRUCTURE (PARAGRAPH 2)
 
The Board considered the report of Councillor Jacquie Weatherill, Portfolio Holder for Human Resources.
       
The report detailed the temporary structure currently in place for the Income/Sundry Debtors Section and made recommendations for a permanent structure to be adopted.
 
DECISION:
 
That the revised permanent structure for the Income/Debtors Section, with the resultant saving of around £3,000 in the current financial year, be adopted.
 
Alternative Option:
 
Not to adopt the permanent structure for the section.
 
Reasons for the Decision:
 
The establishment of a permanent structure for the Income/Debtors Section will maintain flexibility and allow development to begin on new working practices, leading to improved collection of outstanding debts.
 
45.      HOMELESSNESS CONTRACT  (PARAGRAPHS 1 & 3)
 
The Board considered the report of Councillor Rachel Bailey, Portfolio Holder for Planning, together with an additional recommendation tabled at the meeting.
       
The Board, at its meeting held on 31st May 2007 made the following decision:
           
(A) That the Council's Regulations as to Contracts be waived to allow the current contract with Wulvern Housing to be extended for 12 months from 10th March 2008;
 
(B) That the current terms, plus an increase for inflation, be used as a basis for negotiation with Wulvern Housing; and
 
(C) That, in the event of a failure to reach a negotiated price, the issue be referred back to the Board for re-consideration.
 
The report advised Members of the outcome of the negotiations.
 
DECISION:
 
(A)         That the budget for the extension of the current Homelessness Contract in 2008/09 should be increased by £67,142 to £203,660; and
 
(B)       That the Council sources a Homelessness Contract for the three-year period from 2009/10 as soon as practicable.
 
Alternative Options:
 
As detailed in the report.
 
Reasons for the Decision:
 
(a)       The Council had a statutory responsibility to provide a homelessness and housing advice service.
 
(b)       Higher investment income is expected to be received into the General Fund due to recent interest rate rises and this has been identified as a source of funding which will meet the increased cost of this contract.
 
........................................Signed