COUNCIL MEETING
23RD
JANUARY 2008
PRESENT: The
Worshipful the Mayor, Councillor M R Jones;
Deputy Mayor, Councillor M A Martin;
Councillors R A Bailey, W T Beard, D N Bebbington, J A Beech, J D
Bratherton, D Brickhill, M Campbell, 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,
D J Straine-Francis, J I Stockton, C G Thorley, C Waling, M J
Weatherill, R Westwood, L T Wood and J Wright
FORMER COUNCILLOR – JOHN
MASON
123
The Worshipful the Mayor reported the death of John Mason on
24th December 2007. John Mason, who was 61 years
of age, was one of the original Councillors on the newly-formed
Crewe and Nantwich Borough Council, having been elected in
1973. He lost his seat in 1976 and moved away from political
life to trade union activity becoming the senior staff negotiator
at Rolls-Royce Motors.
Members supported the Mayor in offering
condolences to Mr Mason’s family.
APOLOGIES FOR ABSENCE
124
Apologies for absence were received from Councillors T E Ankers, D
J Cannon, E Howell and Z S Krizanac.
MINUTES
125
RESOLVED: That the Minutes of the Meeting held on
28th November 2007 be approved as a correct record and
signed by the Mayor.
PUBLIC QUESTION TIME
126
It was reported that, on this occasion, three questions had been
received from members of the public in accordance with Public
Question Time Procedure Rule No. 31(2). Two questions had been
received from Mr Roy Oultram and one question had been received
from Mr Peter Kent.
Mr Oultram’s two questions were closely
related and Councillor A Moran, the Council Convenor, read them
both to the meeting -
Question 1: “In the Crewe
Chronicle dated 19th December 2007, there is an article
concerning alley-gates, with a County Councillor and a Local
Councillor expressing their anger over the delay of the erection of
a very important project to the community, with negative reason
given also by a Councillor of why it is not possible. Why
cannot this be done?”
Question 2: “Looking through the Budget for
2007-2008 there is reference to “ear-marked reserves” for many
purposes. Why not for the public sector, they cover most branches,
mostly private; why not alley-gating?”
Councillor J V Dwyer, the Portfolio Holder for
Safer Communities, responded to both questions, to the effect that
alley-gates remained a high priority for the Council. There were
numerous potential locations for alley-gating, with limited
resources. In recognition of the importance of the scheme,
the proposed budget for 2008/2009 included £432,000 for this
purpose.
In response, Mr Oultram made a statement, but
had no supplementary question.
The third question was from Mr Kent and was
read to the meeting by the Council Convenor –
“The adjacent Boroughs of Crewe
& Nantwich and Vale Royal are very similar
statistically, economically, socially and in many other
ways. Two years ago, their Councils were consistently
rated at similar levels by external inspectors. Vale Royal
volunteered for a further CPA-type inspection by the Audit
Commission and emerged with the best possible rating of
“excellent”.
A recent survey of employees’ opinion placed it as the best
local authority in the country to work for. What rating
did Crewe & Nantwich receive in this survey?
And would the Leader of the Council please explain why Crewe
& Nantwich did not also volunteer for a renewed Audit
Commission inspection?”
Councillor B G Silvester, Leader of the
Council, responded to the effect that this Council had undergone a
period of significant political and managerial change and it was
considered that consolidation and progress over the coming years
was a more appropriate ambition. Notwithstanding this, the
Council’s rate of improvement had recently been announced by the
Audit Commission and the Council had been placed 19 out of 388
authorities.
Mr Kent asked a supplementary question and
this was responded to by Councillor Silvester.
MAYOR’S COMMUNICATIONS AND CIVIC
ACTIVITIES
127
Council received the Mayor’s communications and a resumé of civic
life in the Borough since the last meeting.
COMMITTEE OF FULL COUNCIL
128 RESOLVED:
That the Council now sit as a Committee of Full
Council.
DECLARATIONS OF INTEREST
129
Councillors G Griffiths declared a personal interest in agenda item
No. 13 (Mayoral Nomination 2008/2009) on the basis that he was
named as one of the two potential candidates for the Office of
Mayor. Councillor B G Silvester declared a personal interest
in the same item on the basis that he was named in the report.
No other Member made any declaration of
interest in any item of business on the agenda at this point in the
proceedings.
CONSIDERATION OF ANY SCRUTINY
COMMITTEE REPORTS AND RECOMMENDATIONS
130
There were no reports or recommendations from the Scrutiny
Committees on this occasion.
NOTICE OF MOTION (LOCAL
GOVERNMENT REVIEW)
131
The Committee of Full Council was invited to consider a Notice of
Motion submitted by Councillor B Evans and supported by Councillors
W T Beard, R Cartlidge, M Grant, S W Hogben, E Howell, Z S Krizanac
and S Roberts in accordance with Procedure Rule Nos. 7(1) and
17.
“That Minute No. 93, Council meeting
10th October 2007, be rescinded for the purpose of
giving all our staff the freedom to take part in the work over the
unitary preparations”.
(Note: The resolution under Minute No.
93 was as follows –
“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.”)
The Motion was put to the vote and was
carried.
NOTICE OF MOTION (VICTORIA AND
COPPENHALL JOINT MANAGEMENT
COMMITTEES)
132
The Committee of Full Council was invited to consider a Notice of
Motion submitted by Councillor B Evans in accordance with Procedure
Rule No. 7(1).
“Victoria and Coppenhall Schools have
amalgamated to form the new Sir William Stanier Community
School. This motion proposes –
(a) That, until the new Joint
Working Agreement is reached for that school, as an interim
measure, both Coppenhall and Victoria JMC have the same membership
to ensure that we minimise the duplication of work required at
these meetings.
(b) That these parallel nominations to
represent both current JMCs to be 2 Conservative, 1 Labour and 1
from the other groups, to be decided at this meeting.”
RECOMMENDED:
(a) That, until the new Joint Working
Agreement was reached for Sir William Stanier School, both
Coppenhall and Victoria JMCs comprise the same membership as an
interim measure to ensure that duplication of work required at the
meetings was minimised; and
(b) That Councillors T E Ankers, D N
Bebbington, M A Martin and R Stafford, be appointed as this
Council’s representatives on both the Coppenhall Joint Management
Committee and the Victoria Centre Joint Management Committee).
Notes:
(1) During discussion of this item,
Councillor R Stafford declared a personal interest on the basis
that he was a Governor of Sir William Stanier Community School;
and
(2) Councillor Stafford, who was
currently a County appointee on the Victoria JMC indicated that he
would resign his County appointment.)
APPOINTMENT OF MONITORING
OFFICER
133
The former Assistant Chief Executive (Democratic Services and Human
Resources) had been the Council’s appointed Monitoring
Officer. Following his retirement in September 2006, the
Borough Solicitor had retained the role of Deputy Monitoring
Officer and had acted-up during that period.
The appointment of a new Monitoring Officer
had been held in abeyance until the new management structure was
implemented. That new structure was now in place and this duty was
currently held by the Strategic Manager (Organisation) [Rachel
Welch].
The Committee of Full Council considered the
report of the Chief Executive which outlined reasons for
recommending that the responsibility for the role of Monitoring
Officer be transferred to the Borough Solicitor, with immediate
effect.
RECOMMENDED:
(a) That the responsibility for the role of
the Borough Council’s Monitoring Officer be transferred from the
post of Strategic Manager (Organisation) to Chris Henshall (Borough
Solicitor), in accordance with Part 3 of the Council’s Constitution
and Section 5 of the 1989 Local Government and Housing Act; and
(b) That the appointment be effective
immediately.
APPOINTMENT OF MEMBER REPRESENTATIVES
TO THE TRANSITIONAL
JOINT COMMITTEE FOR CHESHIRE
EAST
134
Following the announcement on 18th December 2007 that
Cheshire was to be divided into two unitary authorities, with Crewe
and Nantwich, Congleton and Macclesfield forming Cheshire East,
there was a requirement to delegate functions and determine which
Members would sit on the Transitional Joint Committee.
The draft Order provided for the establishment
of the Transitional Joint Committee for each of the new Councils,
not later than 14 days after the Order came into force. The
composition for the Cheshire East Joint Committee comprised –
·
6 elected Members from the County
Council
·
3 elected Members from Crewe and
Nantwich Borough Council
·
3 elected Members from Congleton
Borough Council
·
3 elected Members from Macclesfield
Borough Council
The report of the Chief Executive was
considered together with an amended recommendation –
RECOMMENDED: That, subject to
confirmation of the Cheshire (Structural Changes) Order 2008 -
(a) Three Members be appointed as
the Council’s nominees to the Joint Committee Cheshire East, based
on the political proportionality of the Borough Council (2
Conservative, 1 Labour);
(b) That Councillors J
Hammond and B G Silvester be nominated to represent the
Conservative Group and Councillor S W Hogben be nominated to
represent the Labour Group;
(c) That such functions as are necessary
be delegated to the Joint Committee for Cheshire East in accordance
with the Cheshire (Structural Changes) Order 2008;
(d) That the Chief Executive
be appointed as the Proper Officer for the purposes of the
Order;
(e) That delegated power be
granted to the Chief Executive to deploy such Officers as were
necessary to secure implementation of the arrangements set out in
the Cheshire (Structural Changes) Order 2008; and
(f) That, in respect of
other resources as were necessary to secure implementation of the
arrangements set out in the Cheshire (Structural Changes) Order
2008, further reports be prepared setting out the requirements for
Cheshire East and the share of costs to be met by Crewe &
Nantwich Borough Council from its financial reserves, for
consideration by Council in due course.
APPOINTMENT OF MEMBER TO DEVELOPMENT
CONTROL COMMITTEE
135 For personal
reasons, Councillor R Jones had resigned as a Member of the
Development Control Committee.
The Committee of Full Council was invited to
consider the nomination of Councillor A Crawford as the Labour
Group replacement on this Committee, in accordance with the rules
of proportionality.
RECOMMENDED: That Councillor
A Crawford be appointed to the Development Control Committee, with
immediate effect.
INTRODUCTION OF DISCRETIONARY CHARGING
FOR PERMITTED DEVELOPMENT ENQUIRIES
136 A review of
the non-statutory functions of the planning service together with
opportunities for discretionary charging for these services had
been undertaken. At its meeting held on 3rd
January 2008, the Board considered the report of Councillor Rachel
Bailey, Portfolio Holder for Planning.
A copy of the Portfolio Holder’s report was
submitted and Council was recommended to approve the introduction
of charges for enquiries by members of the public in respect of
whether planning permission was required or not.
RECOMMENDED:
(a) That a fee be charged for the handling of
enquiries relating to whether or not proposals constituted
permitted development; and
(b) That the standard fee for the service be
set at £35.
SAFEGUARDING CHILDREN
POLICY
137
The Children Act 2004 placed a duty on District Councils to ensure
that all its functions were discharged in respect of safeguarding
and promoting the welfare of children. To enable the
development of a framework to promote safeguarding for children and
young people, the Council needed to introduce a Safeguarding
Policy.
At its meeting held on 3rd January
2008, the Board considered the report of Councillor Ray Westwood,
Portfolio Holder for Neighbourhoods, which proposed the adoption of
the Policy and Procedures submitted.
RECOMMENDED: That the
Safeguarding Children Policy and Procedures together with the
recommendations for training and development, in accordance with
Section 11 of the Children Act 2004, be adopted.
MAYORAL NOMINATION
2008/2009
138
At its meeting held on 3rd January 2008, the Board
considered the report of Councillor Margaret Simon, Portfolio
Holder for Customers. The Board was asked to make a
recommendation that the Annual Meeting of the Borough Council
consider the nomination of a Councillor for election to the office
of Mayor of the Borough for the year 2008-2009.
At its meeting, the Board had made a
recommendation to this Council meeting that paragraph 5 of the
Mayoral Conventions adopted by the Borough Council be
suspended.
(Paragraph 5 stated “Any Member
who for reasons acceptable to the Borough Council declines
nomination for election as Mayor at the first invitation shall
remain eligible for nomination in each of three consecutive
qualifying years thereafter, except that no such Member shall again
be considered for nomination in any year unless he or she shall
have first given notice in writing to the Chief Executive by the
previous 1st June of their willingness to accept the nomination for
election in the following year. In applying this rule, a year
shall not count as one of the three qualifying years –
(i) in which the Member is required to
seek re-election as a Borough Councillor, or
(ii) in which having given due notice of
willingness to accept nomination, for any reason other than
withdrawing that notice, the Member is not so nominated.”)
RECOMMENDED: That
Paragraph 5 of the Mayoral Conventions adopted by the Borough
Council be suspended.
Notes:
(1) During discussion of this item,
Councillor B Evans declared a personal interest on the basis that
he was named on the Seniority List; and
2) In accordance with Procedure Rule
No. 18(2) the following Councillors requested that their vote be
recorded to show that they had voted against the motion:
Councillors W T Beard, R Cartlidge, S G Conquest, A Crawford, H W
Curran, M Grant, S W Hogben, R Jones, M Roberts, S Roberts, D J
Straine-Francis and L T Wood.)
BOARD REPORT AND QUESTIONS TO THE
BOARD AND COMMITTEE CHAIRS
140
RESOLVED: That Full Council be now reconvened.
RECOMMENDATIONS OF THE COMMITTEE OF FULL
COUNCIL
141
RESOLVED: That the recommendations of the Committee
of Full Council be approved and adopted.
……………………………………………Mayor