Council Minutes 101007

COUNCIL MEETING

10^TH OCTOBER 2007

PRESENT: The Worshipful the Mayor, Councillor M R Jones;

Deputy Mayor, Councillor M A Martin; Councillors T E Ankers, W T Beard, D N Bebbington, J A Beech, J D Bratherton, D Brickhill, D J Cannon, R Cartlidge, D H D Charlesworth, S G Conquest, H W Curran, A Crawford, W S Davies, R E Dodd, J V Dwyer, B H Dykes, B Evans, G Fenton, C Goff, M Grant, G Griffiths, P A Hallett, J Hammond, J K Hatfield, K Healey, S W Hogben, M A Hollins, J Jones, R Jones, A C Johnson, J Lewis, W S McGinnis, A Moran, S J S Mottram, R W Parker, A Richardson, S Roberts, M Roberts, r Salmon, B G Silvester, M J Simon, r Stafford, J I Stockton, C G Thorley, C Waling, M J Weatherill, R Westwood, L T Wood and J Wright

MAYOR’S OPENING REMARKS

84 In opening the meeting, the Worshipful the Mayor, Councillor Maurice Jones, welcomed visitors from Dzierzoniow, Poland, with which the borough had long-established friendship links.

APOLOGIES FOR ABSENCE

85 Apologies for absence were received from Councillors M Campbell, E Howell, Z S Krizanac and D J Straine-Francis.

MINUTES

86 RESOLVED: That the Minutes of the Meeting held on 8^th August 2007 be approved as a correct record and signed by the Mayor.

PUBLIC QUESTION TIME

87 It was reported that, on this occasion, two questions had been received in accordance with the Public Question Time Procedure Rule No. 31(2). Both questions were from Mr R Oultram and had been accepted as appropriate by Councillor Moran, the Council Convenor.

Question 1

Mr Oultram’s first question was read to the meeting by Councillor Moran, the Council Convenor –

“Although a sum of £2m was set aside from the assets of the sale of housing stock to Wulvern, which has had a £3m office block built, MMU has completed its student housing and private companies have built hundreds of houses, a cinema and bowling alley; and Modus is about to tear the town apart. Why has the Council been unable to decide on the siting and erection of a new swimming baths, after 5 years?”

Councillor McGinnis, the Portfolio Holder for Leisure, responded to the effect that over an 18-month period the Board had been considering the issue and had focused on three options –

(i) Replace Crewe Pool with a new facility on the same site

(ii) Build a new 25 metre pool adjacent to the Cumberland Track

(iii) Combine with Manchester Metropolitan University to provide a 50 metre pool.

The issues were complex and would require resolution before a final proposal was formed and public consultation undertaken.

Mr Oultram asked a supplementary question and this was responded to by Councillor McGinnis.

Question 2

Mr Oultram’s second question was read to the meeting by Councillor Moran -

“Curiosity led me to the library to look at the Crewe and Nantwich budgets; these are a few figures –

In 2002/03 the Local Strategic Partnership had a total bill of £55,950.

In 2005/06 a revised sum of £193,170 page 6, white.

The Community Wardens budget for 2003/04 was £100,000 in 2005/06 £189,760.

What financial control is there over these two recent departments? Are they self-proliferating?”

Councillor Silvester, the Leader of the Council, responded. Councillor Silvester’s view was that the question appeared to be related to the policy issue of why the Council had elected to invest in these services and he confined his response to this aspect. Councillor Silvester briefly explained the background to the establishment of the Local Strategic Partnership and outlined the contributions received from other partners; for example the Primary Care Trust. Community Wardens assisted with the Council’s aim to reduce anti-social behaviour and contributed to the general well-being of the community.

Mr Oultram asked a supplementary question and this was responded to by Councillor Silvester.

MAYOR’S COMMUNICATIONS AND CIVIC ACTIVITIES

88 Council received the Mayor’s communications and a resumé of civic life in the Borough since the last meeting.

COMMITTEE OF FULL COUNCIL

89 RESOLVED: That the Council now sit as a Committee of Full Council.

DECLARATIONS OF INTEREST

90 No Member made any declaration of interest in any item of business on the agenda.

CONSIDERATION OF ANY SCRUTINY COMMITTEE REPORTS AND

RECOMMENDATIONS

91 There were no reports or recommendations from the Scrutiny Committees on this occasion.

NOTICE OF MOTION (CHESHIRE WOMEN’S FARMERS UNION)

92 The Committee of Full Council was invited to consider a Notice of Motion submitted by Councillor M J Simon in accordance with Procedure Rule No. 7(1).

“That this Council considers it essential that dairy farmers in the Borough obtain a fair price for their milk. The Council fully supports the current campaign of Cheshire Women's Farmers Union which seeks to highlight the present unfair treatment of farmers and the potentially devastating effect on the farming industry and our rural communities.”

The Motion was put to the vote and was carried.

PROPOSALS FOR FUTURE UNITARY STRUCTURES (LGR)

93 At its meeting held on 20^th September 2007, the Board considered the report of Councillor Brian Silvester, Leader of the Council. The current consideration of Local Government Reorganisation had provided opportunities to develop closer working relationships with other district councils in Cheshire and the report outlined proposals for developing those collaborative links. The Board had taken into account comments made by the Scrutiny Committees and the Audit Committee and had amended its recommendation to Council during its meeting. Council was now invited to resolve -

“That, in relation to Local Government Reorganisation, Full Council does not give authority for Officers to be involved in meetings or negotiations, or supplying any information unless required by statute, but this does not preclude Officers seeking information or guidance, where the purpose is the creation of new unitary authorities in Cheshire.”

An amendment to the Motion was moved -

“That Council restates its opposition to the creation of an “East Cheshire Unitary Authority”, and endorses work carried out with neighbouring authorities to develop ideas for Improved Two Tier working.

However, recognising that an outcome based on an East Cheshire Unitary Authority is possible, Council instructs its officers to participate in the joint implementation team (JIT) to the degree necessary to protect the long-term interests of the residents of Crewe & Nantwich Borough, and to attend any meetings /discussions and to supply any information consistent with protecting those interests.”

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 present 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

The Worshipful the Mayor, Councillor M R Jones; Deputy Mayor, Councillor M A Martin; Councillors Beard, Bratherton, Cannon, Cartlidge, Conquest, Crawford, Curran, Evans, Grant, Griffiths, Hogben, R Jones, Moran, M Roberts, S Roberts, Salmon, Stafford, Stockton, Thorley, Wood and Wright.

There Voted Against the Amendment

Councillors Ankers, Bailey, Bebbington, Beech, Brickhill, Charlesworth, Davies, Dodd, Dwyer, Dykes, Fenton, Goff, Hallett, Hammond, Hatfield, Healey, Hollins, Johnson, J Jones, Lewis, McGinnis, Mottram, Parker, Richardson, Silvester, Simon, Waling, Weatherill and Westwood.

Abstensions: There were no abstentions.

The Worshipful the Mayor announced the result of the recorded vote; 23 Members voted for the amendment to the Motion and 29 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, at least six Members of the Borough Council requested that the vote on the Motion be recorded to show whether each Member present voted for or against the Motion, or abstained from voting, in accordance with Procedure Rule No. 18.

There Voted for the Motion

There Voted Against the Motion

Abstensions: There were no abstentions.

The Worshipful the Mayor announced the result of the recorded vote; 29 Members voted for the Motion and 23 Members voted against the Motion.

The Motion, having been put to the vote, was carried.

REVISIONS OF ALLOCATIONS POLICY

94 At its meeting held on 20^th September 2007, the Board considered the report of Councillor Rachel Bailey, Portfolio Holder for Planning.

The Council had a legal duty to operate an allocations scheme including a policy and procedure for the allocation of housing, and to allocate housing in accordance with this scheme. Wulvern Housing acted as the Council’s agent in dealing with housing allocations and had made changes to its Allocations Policy. This new policy did not accord with the Council’s policy and as a consequence, there was a lack of clarity for housing applicants, and a risk that the present process would not comply with legislative requirements.

The Portfolio Holder’s report highlighted areas requiring revision, and the Board had recommended that appropriate changes be made to the existing policy, that consultation be undertaken and that the appropriate delegations be granted.

RECOMMENDED: (a) That the existing policy be revised as detailed in the report;

(b) That the revised policy be the subject of consultation with Registered Social Landlords operating within the Borough, with which the Council had nomination arrangements;

(d) That delegated authority be granted to the relevant Director in consultation with the Portfolio Holder for Planning to agree any further amendments to the policy required as a result of the consultation.

PUBLIC ART STRATEGY

95 At its meeting held on 20^th September 2007, the Board considered the report of Councillor Bill McGinnis, Portfolio Holder for Leisure, which detailed the draft Public Art Strategy.

Following receipt of external funding from Arts Council England North-West, Cathy Newbery, an external consultant, had developed a Public Art Strategy for Crewe and Nantwich Borough Council.

RECOMMENDED: That the Public Art Strategy be approved for adoption and implementation.

COMPREHENSIVE EQUALITY AND DIVERSITY POLICY

96 At its meeting held on 20^th September 2007, the Board considered the report of Councillor Jacquie Weatherill, Portfolio Holder for Human Resources.

The Comprehensive Equality and Diversity Policy was an over-arching strategic document which aimed to review and achieve a change in the Council’s practice. The policy (together with the Race Equality Scheme, Disability Equality Scheme and Gender Equality Scheme) replaced the former Crewe and Nantwich Scheme for Equality 2002-2005.

RECOMMENDED: That the Comprehensive Equality and Diversity Policy 2007-2011 and related Equality Schemes [Race Equality Scheme 2006-2008, Disability Equality Scheme 2006-2009 and Gender Equality Scheme 2007-2010] be approved.

PORTFOLIOS AND RESPONSIBILITIES

97 The portfolios and the allocation to individual Board Members was a matter for Full Council to approve. Within those portfolios the Board had occasionally transferred areas of responsibility to other portfolios, if considered appropriate. It was now proposed that responsibility for matters of an international nature, such as twinning (Portfolio for Customers) and migrant workers (Portfolio for Human Resources) be transferred to the Leader of the Council, with immediate effect.

RECOMMENDED: That responsibility for matters of an international nature, such as “twinning” and “migrant workers” be transferred from the current Portfolios to the Leader of the Council with immediate effect.

EXCLUSION OF PRESS AND PUBLIC

98 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 2 of Part 1 of Schedule 12A (as amended) of the Act.

STAFFING STRUCTURE

99 At its meeting held on 20^th September 2007, the Board considered the report of Councillor Jacquie Weatherill, Portfolio Holder for Human Resources.

The report addressed the need to develop a staffing structure to enable delivery of the Council’s Corporate Objectives, taking into account changed circumstances.

The Committee of Full Council considered the report of the Portfolio Holder, together with Terms of Reference for the Committee of Appointment.

99.1 RECOMMENDED: (a) That the revised staffing structure be adopted;

(b) That all necessary transfers of powers and duties resulting from changes to the structure be made;

(d) That the Terms of Reference for the Committee of Appointment, now submitted to Council as Item 14.B be approved; and

(e) That the quorum for the Committee of Appointment be 3 Members.

(Note: In accordance with Procedure Rule No. 18(2) Councillor G Griffiths requested that his vote be recorded to show that he had voted against the motion.)

99.2 Composition of the Committee of Appointment

Nominations for the Committee of Appointment were invited.

RECOMMENDED: That the Committee of Appointment comprise –

(a) Councillors B G Silvester, M J Simon, M J Weatherill and R Westwood representing the Conservative Group, with Councillors R A Bailey and M A Hollins as Deputies;

(b) Councillors M Grant and S W Hogben representing the Labour Group, with Councillor W T Beard as Deputy;

(d) Councillor J I Stockton representing the Nantwich Independent Group, with Councillor W S McGinnis as Deputy.

99.3 Designation of Chief Officer Posts

Part 7 of the Constitution, headed “Management Structure” set out the functions and areas of responsibility of those posts classed as constituting the senior management of the authority. The Officers who occupied these posts were known as “Part 7” Officers for the purposes of the Constitution and the Officer Employment Procedure Rules. The three Strategic Manager posts would constitute part of the senior management, but this situation had not been specifically referred to in the report considered by the Board. It was, therefore, necessary to recognise formally the fact that these posts should be designated as Chief Officer posts.

RECOMMENDED: That the three Strategic Manager posts referred to in the report of the Portfolio Holder for Human Resources submitted to Board on 20^th September 2007 be designated as Chief Officer posts.

RE-ADMITTANCE OF PRESS AND PUBLIC

100 RESOLVED: That the press and public be re-admitted to the meeting.

BOARD REPORT AND QUESTIONS TO THE BOARD AND COMMITTEE CHAIRS

101 The Committee of Full Council was invited to ask questions of the Board and 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.

RECONVENING OF FULL COUNCIL

102 RESOLVED: That Full Council be now reconvened.

RECOMMENDATIONS OF THE COMMITTEE OF FULL COUNCIL

103 RESOLVED: That the recommendations of the Committee of Full Council be approved and adopted.

…………………………Mayor