Cabinet member resigns over £800,000 Lyme Green fiasco

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Councillor Rod Menlove, Environment Portfolio Holder and ward councillor for Wilmslow East, has announced his resignation today as a result of the Lyme Green debacle.

Cllr Menlove said in a statement to the Cabinet today: "It is with the greatest of regret that I stand here today and announce that I am resigning from my position as portfolio holder with responsibility for environment.

"I have taken this decision after a great deal of soul searching and reflection on issues that have arisen following the proposal to site a waste transfer station at Lyme Green.

"This, I am sure everyone will agree, has been a wholly regrettable incident and one that has caused the reputation of the Council to be called into question.

"I am not an operational officer. I am a Cabinet member with a portfolio that, as people are well aware, is significantly larger than some of the other areas. I work on the basis that officers discuss issues with me, we agree a course of action and I then trust the officer to follow due procedure and process in carrying out the action.

"All decisions I make are for the good of the taxpayer, and are done so using the information that I get from officers. I expect to be given all information and issues, no matter how unpalatable, so that together we can agree a course of action.

"However, as I have consistently stated, at no time was I informed of the gathering issues regarding the potential waste transfer station in the north of the Borough.

"I cannot though, in all conscience, ignore the fact that this situation arose on my watch. Hindsight is a wonderful thing and had I been party to such information in relation to Lyme Green in a timely fashion, undoubtedly such conversations would have taken place which may have resulted in a different outcome.

"As it is, it did happen whilst I was responsible for that area and I find that the only honourable course of action for me to take is to step down.

"I am proud of what I have achieved during the three years that I have held this portfolio: Recycling rates have increased significantly – we one of the best performing authorities in the North West; in the last year we filled over 40,000 potholes; there has been a considerable increase in the investment in highways and my personal commitment to energy saving has seen a reduction in our carbon footprint. Come April, this will be even more important because of the tax penalties we could face.

"I have found my time as a Cheshire East Cabinet Member immensely rewarding and I have enjoyed carrying out my duties. It is, therefore, a regrettable culmination of circumstances that necessitates my resignation."

Cheshire East Council Leader Councillor Michael Jones thanked Councillor Menlove for his hard work over the past three years.

Councillor Jones said "He has left his portfolio in a strong state and this legacy means that we can now go on and deliver even further improvements.

"We have cleared 46,000 potholes in a year and we are looking to deliver the same this year.

"I wholeheartedly thank him for his time his unstinting efforts and the energy he has brought to the role. Rod should be recognised as a true champion of change. He has demonstrated this in his efforts around carbon reduction and fiscal savings, and will always be recognised as the lead for the highest-ever investment in roads on Cheshire East.

"It is with great regret that I accept his resignation but I look forward to using his vast knowledge and experience in the future."

Former Cheshire East Council Leader Councillor Wesley Fitzgerald, who first appointed Cllr Menlove to the Cabinet in January 2010, said: "Having just learned that Councillor Rod Menlove has resigned from the Cabinet, I am not surprised that he has done the honourable thing in the matter of the waste transfer site debacle.

"Rod is a good man who has done excellent work as portfolio holder for environment since the beginning of 2010, and it is a matter of great regret that a person of such quality has had to step down.

"I have no doubt that he will continue to be an extremely effective ward member for Cheshire East Council and his reputation, in that respect, goes before him."

Cllr Menlove's resignation follows the resignation of two senior officers whose actions were investigated in relation to the Council's proposal to build a recycling station at Lyme Green Depot in Macclesfield.

John Nicholson, Strategic Director Places and Organisational Capacity, and Caroline Elwood, Borough Solicitor, resigned in December just days after the confidential report by a Designated Independent Person (DIP), into the causes of the failure of the Lyme Green development project, had been completed and passed to the Council's Staffing Sub Committee for consideration.

A review published in the summer last year revealed that the Council had spent over £800,000 of taxpayers money on the Lyme Green scheme and failed to achieve planning permission before the main contractor commenced work on the site. In addition, officers did not comply with EU Procurement Regulations or ensure there was effective reporting to members of the council.

Cllr Rod Menlove will continue in his role as ward councillor for Wilmslow East.

Cheshire East Council has announced that the independent report must remain confidential to avoid prejudicing any actions that might now be taken by the Council.

However, they will be publishing a report shortly which "will tackle the serious management failings identified by the independent investigator, by making bold and sweeping changes to the Council's management structures and ways of working".

Tags:
Cheshire East Council, Councillor Rod Menlove, Lyme Green
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Comments

Here's what readers have had to say so far. Why not add your thoughts below.

Mario West
Monday 7th January 2013 at 7:15 pm
So Rod resigns (just as a cabinet member, he's still a councillor!)

I wonder if he did this to save Michael Jones from facing the spotlight as Portfolio holder for Resources (which covered waste)
Elaine Napier
Tuesday 8th January 2013 at 11:01 am
How interesting Mario. I've wondered that too - it's fascinating that so many people who appeared to have responsibilities in this matter are resigning/disappearing without giving evidence in any public arena. Wenzel, Fitzgerald, Nicholson, Ellwood, now Menlove. What information could be revealed if these people were required to face public enquiries, rather than this secret arrangement put in place by Cllr Jones and his colleagues.
Wayne Williams
Tuesday 8th January 2013 at 12:34 pm
The incompleted Queens Park restorations in Crewe also happened under his watch. 18 months after it's Grand Reopening & it still lies with more work to be done. OK, it wasn't funded with taxpayers money but he still should have kept a watchful eye over it.
Philip Barton
Tuesday 8th January 2013 at 4:25 pm
Rod is to be commended for 'doing the honourable thing' with respect to his portfolio work but it is highly regrettable he should feel the need to do so. I doubt there would be many who would when all the facts be know.
Rod's has admitted it was 'on his watch' as a portfolio manager, not a councillor, which seems his only crime.So where does Mike Jones come into this? Wenzel has been on sick leave well before this, Fitzgerald long gone too. Nicholson, Ellwood rightly took the can for their misdeeds - so where is the conspiracy?
However the "Lyme Green debacle" gives many people with axes to grind the oppotunity to surface and have their 10 seconds of fame, would they had an ounce of Rods integrity.
I for one am proud to have Rod continue as my councillor. I know how hard he works for a pittance of the remuneration compared to the paid officers who covered this up.
Keep up the good work Rod
Chris Wigley
Tuesday 8th January 2013 at 10:32 pm
@Philip Barton, I found your comments interesting and questions it raised.

Lyme Green was commenced in October 2011 and was suspended at the end of November, with a final decision not to proceed in getting retrospective planning permission in January 2012.

It is my understanding that what both Mario and Elaine are referring to is that fact that Mr Fitzgerald was leader of the council the whole of this time and resigned in February 2012 (if my memory serves me correctly). Mr Jones was cabinet member with responsibility for resources (again the whole of the period of the Lyme Green development), and as the internal audit report into the debacle stated virement of funding and an overspend on the incomplete project was around £200,000 in excess of what had been approved. Whilst the cabinet collectively and individual members are not responsible for operational matter what they are responsible for is that there are sufficient checks and balances by ensuring that there are robust procedures in place to prevent these things happening and to have effective whistle-blowing system to allow staff with concerns to voice these. I also understand that Ms Wenzel was chief executive and in post until 2012 and went on sick leave in the early part of 2012.

The fact that £800,000 of public money (resources) was wasted do bring into question how this could happen and the responsibility of the then cabinet member in ensuring that resources were correctly used, including the fundamental questions of planning permission and a budget being sufficient to undertaken the job, we know that it failed on both counts. We don't have a waste transfer site and in so doing had spent around 1/3 more than we had anticipated we would if we had one! There must be something wrong in that.

I would like to know how much in total the Lyme Green affair has cost, £800,000 was before the investigation costs and was given some months ago, I would not be surprised if it was now nearer to £1 million.

Let's also remember the only reason why we know anything about Lyme Green is the fact that local residents complained that the work was going on and they had not had an opportunity to voice their concerns via the planning process, something their local councillor took up. I do wonder if the project had gone ahead and if it had been either successful or unsuccessful if we would have heard anything about the massive underspend.
Dave Cash
Wednesday 9th January 2013 at 5:22 am
Cllr Rod Menlove was ~6th most re-imbursed CEC Cllr for 2011-12, claiming a total of £27847 in allowances and expenses (above the UK av wage), £14,000 was for special responsibilities in addition to his retained £11900 basic Cllr alowance.
During his term as Portfolio holder, in addition to the Lyme Green debacle, he feaured as the CEC rep in BBC program 'Britain's 10 worst roads' road #6 to justify lack of safety expenditure.
He was also instrumental in disposing of a CEC capital asset, valued for Ins t £80K (namely Wilmslow's 'Romany's Caravan', free of charge to a Bradford Museum, in order to avoid a part donation (£10K?) for a recomended weather proof shelter to keep Bitains smallest Tourist Attraction in Wilmslow. The 2012 Caravan renovation was not paid for from CEC funds.
Any CEC Cllr has a Stat duty to report 'procedural impropierty' asap.
If Cllr Menlove wanted to do the honourable thing, he should have resigned his CEC Wilmslow West seat and stood as a candidate in the resutant by-election, based on his previous record!
The Roman original concept of 'falling on your sword' meant there was no opportunity for return to Public Office. We are more tolerant in the 21st Century?
Pete Taylor
Wednesday 9th January 2013 at 10:05 am
Philip Barton, are you by any chance Councillor Gary Philip Barton, or is the name just a co-incidence?
Andrew Burns
Wednesday 9th January 2013 at 8:40 pm
Cheshiregate...
A question for the CEC, having carefully and analytically read Mr Menlove's delivery of seemingly blaming all those around him, and the responses above, it beg's the question...

How much would it benefit the taxpayer if we 'recycled' our disgraced local councillors?

On a serious note, if as reported, officers did not comply with EU Procurement Regulations or ensure there was effective reporting to members of the council, what processes were followed? As a taxpayer I am extremely interested in what procedures were included, and if any due process was followed, then is this available to view in the public domain?

Can I be confident that Cheshire East Council will carry out its duty of care to the taxpayers in delivering due process with the findings from the independant report, confidential as it is?
Graham Goodwin
Friday 11th January 2013 at 5:45 pm
The Lyme Green fiasco continues to take it's toll but, let us be positive. I have decided to take advantage of the situation by applying for either Caroline Elwood's or John Nicholson's old jobs. This is my application letter - do I stand a chance?

"I note, with interest, that the Deputy Chief Executive and the Borough Solicitor have recently left the Authority. It is with this in mind that I would like to formally apply for either of the posts and, having previously been a stand-in captain and treasurer of a local darts team, I consider that I am eminently qualified to fulfill either post.

When appointed, I will, of course, fully familiarise myself with the council rules and I will undertake to follow them at all times – other than when it suits me, or if I feel that it to ignore them could advance my career prospects, or if involves brown nosing a senior councillor.

Prior to my appointment, I feel sure that you will confirm my references but I would like to clarify one item before you do so. You will find that, when I left a previous post at the Greater Manchester Society for the Protection of Ferrets, I did make a claim against the Society on the grounds of unfair dismissal. Unfortunately, my claim was unsuccessful largely because it was impossible to prove that my relationship with one of the younger ferrets was anything other than platonic. I do not, however, regret taking the action and would be quite willing to do it again in the future.

I am sure that you would agree that. If it was necessary to make such a claim against your council, an award of £100, 000 or so, when split among the council tax payers of Cheshire East, is barely worthy of consideration.

Whilst the salary scales for the replacement officers has not yet been advertised, I would be anticipating a salary of around £200,000 per year plus 20% pension contribution which, from the previously published salaries of Cheshire East officers, appears quite reasonable to me. I am not sure that the council tax payers of Cheshire East would necessarily agree but that has never been a consideration in the past and should not, therefore, be a problem.

I would expect the normal ancillary benefits of free laptop, mobile telephone, electronic tablet, annual clothing allowance, Lap Dancer Club Membership, free tickets to the Grand National and the World Cup Final in Brazil not forgetting, of course, a significant car allowance and mileage payments not less than £2.50 per mile. In these times of austerity, I am fully accept that a Jaguar and driver could be too unpopular with the voters.

I would like it written into my contract that, no matter what errors I make in my position, I shall be entitled to a very generous pay-off but we can discuss the final details of this at interview.

I am pleased to advise that I am currently available for an immediate start having recently negotiated a lucrative payment from my last employer which I achieved by placing all of the blame for the fiasco on two subordinates.

I am sure that you will agree from the brief information provided above that I am ideally qualified and well capable of maintaining the standards set by some of my predecessors at the council."
Peter Davenport
Monday 14th January 2013 at 3:05 pm
I do not think that the loss stated is correct.
If the council had sold the land in the first instant, they would now be at the state of being better off, to the tune of what the money for the area had brought in. Then, whoever had bought it, would have paid for the demolition Also there would have been no enquiry costs.
So the total cost of this debacle is nearer £1.300,000 or more, depending on the price achieved
Philip Barton
Monday 21st January 2013 at 11:01 pm
Having made only one comment 'ever' unlike the rest of the contributors who seem to be serial inflictors of their own opinions and rarely facts, It seem to me that if you present any reasoned view contrary to their perpetual criticism you are then subject to personal abuse. Such it is on social most media sites and why there is little point to contribute or even read them.
And no I said I lived in Cllr Menloves ward so cannot be Gary Barton. I am sure Cllr Barton would not hide his name if ever he thought it worth commenting.
Since I am not pretending to be someone else and not hiding my name, democratically, I should be allowed to express my opinions preferably without harassment.