Agenda and minutes

Council
Thursday, 23rd February, 2012 10.00 am

Venue: Main Hall Congleton Hall - Congleton Town Hall, High Street, Congleton CW12 1BN

Contact: Julie North  Senior Democratic Services Officer

Note: The meeting will be split into two sessions. The morning session will commence at 10am and the meeting will be adjourned at approximately 12.30pm and will be reconvened at 1.30pm. Please contact Julie North for details of the agenda order - e-mail julie.north@cheshireeast.gov.uk Tel 01270 686460 

Items
No. Item

82.

Minutes of the Meeting Held on 15 December 2011 pdf icon PDF 137 KB

To approve the minutes as a correct record.

Minutes:

RESOLVED

 

That the minutes be approved as a correct record, subject to an amendment to minute 68(9), to state that Honorary Alderman Les Cooper had been Mayor of Crewe and Nantwich in 1996-1997.

83.

Mayor's Announcements

To receive such announcements as may be made by the Mayor.

Minutes:

The Mayor

 

1.      Informed Members, with sadness, of the recent deaths of former Macclesfield Borough Councillors Barbara Fawkes, who had been Councillor for the Lacey Green Ward in Wilmslow and Brian Reeves, who had been a Ward Member in Poynton and Cllr David Martin, Town Mayor of Congleton.

 

2.      Informed Members that, after the previous meeting of Council he had received a complaint from a member of the public that some Members were using electronic devices such as Blackberries, Smart phones and iPads during the meeting. He had explained that increasingly Members were using such devices to help them follow the business of Council, however, he requested that Members only use such equipment to help them to follow the proceedings, make notes, or in other ways to assist with their contribution to the meeting.

 

3.      Announced that all Members would shortly be receiving an invitation to a service to be held on the morning of Sunday 22nd April, at St Michael’s Church Macclesfield, to celebrate the Diamond Jubilee of Her Majesty the Queen. After the service and with the support of his nominated charity, Age UK Cheshire East, he would be hosting a celebration charity lunch at the Tytherington Club, Macclesfield to which all those attending the service would be warmly invited. This lunch, for which there would be a modest charge, would, for his Mayoral year, replace the now traditional Mayor’s Ball. He hoped this would provide an excellent opportunity for the Council to celebrate the almost unique occasion of the Queen’s Jubilee and help raise funds for his nominated charity.

 

4.      Announced that, at a previous meeting of the Council, Councillors Flude and Thorley had proposed a Notice of Motion asking the Council to consider erecting a small memorial, in the Crewe area, in recognition of the bravery of six Royal Engineers who were killed by one of four bombs, which fell in a field opposite Alvaston Hall, near Crewe, in August 1940. He was delighted to report that plans for such a memorial were now well advanced and that the management of Alvaston Hall Hotel have agreed for the memorial to be located in their grounds. A very appropriate site had been identified and Officers were working with the Hotel and representatives of the Royal Engineers Association to ensure that a memorial could be constructed later in the year.

 

(Cllr Flude thanked the officers concerned for their work in respect of the above matter.)

 

5.      Announced that he and the Deputy Mayor had been on many engagements since the last meeting. However, due to the length of the agenda, he did not intend to provide details of them at today’s meeting.

 

84.

Declarations of Interest

To provide an opportunity for Members to declare any personal and/or prejudicial interests in any item on the agenda.

Minutes:

Councillor Hogben declared a personal interest in item 9 – Local Service Delivery Committees, by virtue of being a Cheshire East allotment holder and in item 13 – Petition for debate Gypsy and traveller site, Coppenhall, Crewe, as he was one of the signatories of the petition.

 

Councillor Flude declared a personal interest in item 15 (5) – Notice of motion relating to the centenary of the first world war and war memorials in Cheshire East, by virtue of being a member of the Royal British Legion.

 

Cllr Bebbington declared a personal interest in item 13 – Petition for debate Gypsy and traveller site, Coppenhall, Crewe, as he had been working with the local residents in respect of this issue.

 

85.

Public Speaking Time/Open Session - Budget items Only

In accordance with Council Procedure Rule 35 and Appendix 7 to the rules, a total period of 15 minutes is allocated for members of the public to speak at Council meetings. 

 

Individual members of the public may speak for up to 5 minutes, but the Mayor will decide how the period of time allocated for public speaking will be apportioned, where there are a number of speakers.

 

Members of the public wishing to ask a question at the meeting should provide at least three clear working days’ notice in writing and should include the question with that notice. This will enable an informed answer to be given. It is not a requirement to give notice of the intention to make use of public speaking provision. However, as a matter of courtesy, a period of 24 hours notice is encouraged.

 

(Note – This item is reserved for matters relating to the budget. There is a further item relating to public speaking on the agenda for the afternoon session for non-budget related matters).

Minutes:

Mrs Charlotte Peters Rock used public speaking time to request that, in view of the rapidly ageing population in Cheshire East and for the good health of the disabled, which put pressure on services, the Council put more funding into the Adult Social care budget when the budget was considered. She highlighted a number of examples where funding had been allocated for other projects in Cheshire East and stated that the Council should focus on vulnerable people and to ensure that the disabled were cared for.

 

86.

Referral to Council of Recommendations from Cabinet - Business Planning Process 2012-2015 Business Plan pdf icon PDF 78 KB

To consider and approve the recommendations from the meeting of Cabinet held on 6 February 2012.

Additional documents:

Minutes:

The Cheshire East Council Business Plan for 2012/2015, had been produced following engagement on the Draft Business Plan that was issued in January 2012. The Business Plan had two main elements: the Council’s priorities and the Budget. The document set out, in detail, the spending plans and income targets for the financial year starting 1st April 2012, as well as financial estimates for the 2013/2014 and 2014/2015 financial years.

 

The 2012/2015 Business Plan had been reported to Cabinet on 6th February 2012 and a report which set out the updated position with regard to Government funding levels was now submitted to Council.

 

When the report was submitted to Cabinet the Local Government Finance Report for 2012/2013 had not been published or confirmed following a debate in the House of Commons. Prior to the Council meeting both of those stages had been completed and confirmed that the formula and specific grant allocations, which had been included in the Business Plan, remained unchanged from the provisional settlement issued in December 2011.

 

It was noted that the Government consultation on the adjustment made to funding in relation to Academies and the impact on support functions provided by the local authority had not resulted in any changes to the Council’s funding for 2012/2013.

 

It was moved and seconded that

 

“1.        the updated results of the Budget Engagement exercise undertaken by the Council be noted

 

2.         the comments of the Director of Finance & Business Services (Chief Finance Officer), regarding the robustness of estimates and level of reserves held by the Council based on this budget be noted

 

3.         the Business Plan 2012/2015 be approved

 

4.         the three year Capital Programme for 2012/2013 to 2014/2015 be approved

 

5.         the Band D Council Tax of £1,216.34 be approved

 

6.         the Reserves Strategy be approved

 

7.         the 2012/2013 non ringfenced Specific Grants (excluding DSG)  be noted

 

8.         the 2012/2013 Dedicated School Grant (DSG) of £193.8m and the associated policy proposals be agreed

 

9.         the Children and Families Services Portfolio Holder be authorised to agreed any necessary amendment to the DSG position in the light of further information received from DfE, pupil number changes, further academy transfers and the actual balance brought forward from 2011/12

 

10.       the Prudential Indicators for Capital Funding be approved

 

11.       the risk assessment detailed in the report be noted.”

 

AMENDMENT

 

The following amendment was moved by Councillor D Flude and seconded by Councillor K Edwards:

 

Heading, Performance, Customer Services and Capacity, Revenue.

With regard to the review of the Library book fund, which totals £90,000;

The proposed reduction is broken down as follows:

Reference Books £30,000

Adult Lending Books £46,793

Children’s Books £13,207

 

It is proposed that the intended saving of £13,207 in respect of Children’s Books be removed from the Business Plan, and the funding be found from the Council’s Reserves.

 

The amendment was carried.

 

RESOLVED

 

1.                  That the updated results of the Budget Engagement exercise undertaken by the Council, as set out in appendix  ...  view the full minutes text for item 86.

87.

Public Speaking Time/Open Session - Non Budget Related Items

In accordance with Council Procedure Rule 35 and Appendix 7 to the rules, a total period of 15 minutes is allocated for members of the public to speak at Council meetings. 

 

Individual members of the public may speak for up to 5 minutes, but the Mayor will decide how the period of time allocated for public speaking will be apportioned, where there are a number of speakers.

 

Members of the public wishing to ask a question at the meeting should provide at least three clear working days’ notice in writing and should include the question with that notice. This will enable an informed answer to be given. It is not a requirement to give notice of the intention to make use of public speaking provision. However, as a matter of courtesy, a period of 24 hours notice is encouraged.

Minutes:

Mr John Jones used public speaking time to ask the following questions and indicated that he would be happy to receive a written response to them :-

 

1) Regarding the following list of sites:

 

·        Pyms LaneCrewe

·        Moss End Farm Alsager

·        Leighton West Crewe

·        Broad Lane Nantwich

·        Walley's green Middlewich Road

·        Booth Bed Lane Goostrey

·        Holmshaw Lane Haslington

·        Hack Green Nantwich

 

All the above sites are part of much larger Cheshire East Council owned parcels of land.

 

We would like to know what criteria was used to determine that the sizes as published are the correct sizes in the individual locations?

What person or persons was responsible for deciding these criteria?

Why when the council states that it needs a minimum of 15 pitches at this time are these sites not all of a size that would accommodate this requirement?

 

2) Where have you drawn your information from regarding your statement “The area is a traditional area for travellers to visit “?

 

3) Given 5,500 people have signed a petition objecting to this application, what strategy does CEC have in place now, and ongoing, to integrate the two communities? And what cost will this be and how is it to be funded ?

 

4) From research undertaken Gypsies have stated their order of preference for site provision is as follows : 1) Their personally owned site 2) Site owned by other Gypsy families 3) Council run site. Given this fact, why is Cheshire East forging ahead with this application and in tandem, turning down applications from Gypsies in this County for their own sites ?

 

5) Given the Council’s own research that they require up to 42 pitches in this area in the next 5 years, why have they chosen to site this development on the next to smallest site of their supposed original 12 sites considered which started off as 15 pitches, reduced to 12 and finally to 10 due simply to the site being too small?

 

The Portfolio Holder, Councillor Rachel Bailey, in response stated:-

 

“Can I thank Mr Jones for his questions.  I am happy to provide a written response to your questions, not only to yourself but also to all members of the Council.”

 

Ms Judy Collins used public speaking time to speak on behalf of KAFKA, a group which had been formed to fight for local services in Knutsford and which had submitted a petition to be debated later in the meeting. She wished to assure the Council that those who had signed the petition fully understood the position in Knutsford.

 

She commented that there had been consultation regarding the Stanley Centre, but that there had not been public consultation regarding the temporary closure of Bexton Court. Consultation with GPs was insufficient and more public consultation was needed.

 

She also took the opportunity to thank the Town Council for their support in this matter.

 

She stated that, when the petition had been presented the point had been made that Cheshire East Council must  ...  view the full minutes text for item 87.

88.

Petition For Debate - Gypsy and Traveller Site Coppenhall Crewe pdf icon PDF 105 KB

A report from the Cabinet Member for Safer and Stronger Communities is enclosed.

 

Under the Council’s Petition Scheme the petition organiser may address the meeting for up to 3 minutes and may be asked questions on the subject matter of the petition. The organiser may nominate another person to address the meeting and to answer any questions on the matter.

 

Council are required to debate the Petition. Council may then refer the petition to the appropriate decision making body for further considerations.

 

(A copy of the full petition is available on request and will be available at the meeting).

Additional documents:

Minutes:

A petition with 5,543 signatures had been submitted by the CATS Group (Crewe Against Travellers Sites) which read as follows:

 

I wish to register my protest against the building of a permanent traveller site at the junction of Parkers Road and Kents Lane in Coppenhall.

 

Councillor C Thorley referred to an earlier petition on the matter containing 1,500 signatures.

 

The petition followed widespread publicity that the Council intended to submit a planning application for a residential Gypsy & Traveller site on land in its ownership. The Petition requested that the matter be debated at a full meeting of the Council and highlighted several reasons against both the principle of providing a site and its provision at this particular location.

 

The Council’s planning application was due to be considered by the Strategic Planning Board.

 

At the invitation of the Mayor, the Head Petitioner, Mr Perris, addressed the Council meeting. Mr Perris, who was Chairman of the CATS Group, which opposed the current proposal on the grounds of improper use of taxpayers’ money, an improper site selection process, potential traffic hazards, threat to protected wildlife, lack of school facilities and lack of a plan to integrate the travellers into the local community.

 

Members were afforded the opportunity to ask questions of Mr Perris.

 

Mrs Roz Buchanan attended the meeting on behalf of Mr Edward Timpson MP and, at the invitation of the Mayor, read out a statement by Mr Timpson in support of the petition.

 

In considering the petition, Members also had regard to the report of the Strategic Director, Places and Organisational Capacity.

 

It was moved and seconded that

 

1.      “the Council notes that the planning merits of the proposed site are a matter devolved for  consideration by the Strategic Planning Board;

 

2.      in the event that planning permission is granted, Cabinet will consider matters relating to the construction, funding and management of the site.”

 

AMENDMENT

 

The following amendment was moved and seconded:

 

“That Cheshire East Council withdraw the planning application and look for an alternative site.”

 

A requisition for a named vote on the amendment was submitted and duly supported in accordance with the provisions of Council Procedure Rule 15.2.

 

The amendment was put to the meeting with the following results:

 

For

Against

Abstain

 

 

 

D Bebbington

Rachel Bailey

A Barratt

D Brickhill

Rhoda Bailey

G Baxendale

B Burkhill

J Clowes

D Brown

P Butterill

S Davies

L Brown

R Cartlidge

R Domleo

H Davenport

S Corcoran

D Druce

P Edwards

K Edwards

W Fitzgerald

J P Findlow

I Faseyi

R Fletcher

L Gilbert

D Flude

H Gaddum

J Hammond

M Grant

P Groves

D Hough

M Hardy

P Hoyland

J Jackson

P Hayes

O Hunter

L Jeuda

S Hogben

M Jones

W Livesley

D Mahon

S Jones

B Murphy

P Martin

F Keegan

D Neilson

S McGrory

A Kolker

J Saunders

G Merry

J Macrae

M Sherratt

A Moran

A Martin

B Silvester

D Newton

P Mason

C Thorley

P Nurse

R Menlove

G Walton

M Parsons

B Moran  ...  view the full minutes text for item 88.

89.

Petition for Debate - Health and Social Care, Knutsford and the Stanley Centre in Knutsford pdf icon PDF 70 KB

A joint report from the Cabinet Members for Adult Social Care and Health and Wellbeing is enclosed.

 

Under the Council’s Petition Scheme the petition organiser may address the meeting for up to 3 minutes and may be asked questions on the subject matter of the petition. The organiser may nominate another person to address the meeting and to answer any questions on the matter.

 

Council are required to debate the Petition. Council may then refer the petition to the appropriate decision making body for further considerations.

 

(A copy of the full petition is available on request and will be available at the meeting).

Additional documents:

Minutes:

A petition with 6,290 signatures had been submitted by KAFKA (Knutsford Area for Knutsford Action) which read as follows:

 

“we the undersigned petition Cheshire East Council and East Cheshire Hospital Trust:

            Save our social and health care – keep our services local

            Keep our Stanley Centre for disabled adults

            Return our dementia care services

            Return our intermediate hospital ward”

 

The petition focused on the overlapping issues concerning the future of health and social care services in Knutsford.

 

A second petition, which contained 221 signatures, had been forwarded by the East Cheshire NHS Trust and related solely to the Stanley Centre.

 

At the invitation of the Mayor, the Head Petitioner, Mrs Peters Rock, addressed the Council meeting. She began by expressing concern about the way in which the documents had been dealt with prior to the meeting. She then urged the Council to consider carefully the needs and rights of service users and carers, and questioned whether adequate consultation had taken place with residents of the Knutsford area in respect of social care and health services.

 

Members were afforded the opportunity to ask questions of Mrs Peters Rock.

 

In considering the petition, Members also had regard to the report of the Director of Children, Families and Adults.

 

RESOLVED

 

That

 

1.      Council accepts the petition presented by KAFKA and acknowledges its content;

 

2.      Council notes the content of this report and the contents of the debate; and

 

3.      The petition be considered by Cabinet at its meeting on 5th March 2012 when it will consider recommendations for the future delivery of adult social care services across the Borough, including Knutsford.

 

90.

Referral to Council of Recommendation from Cabinet - Treasury Management Strategy 2012 to 2015, Annual Investment Strategy and Minimum Revenue Provision 2012-2013 pdf icon PDF 35 KB

To consider the recommendation from the meeting of Cabinet held on 6 February 2012 and to approve the Treasury Management Strategy and the MRP Statement for 2012/13, which includes the Department for Communities and Local Government (DCLG) reporting requirements, in accordance with the Local Government Investments Guidance under Section 15(1)(a) of the Local Government Act 2003, as set out in Appendix A of the report.

 

Additional documents:

Minutes:

Consideration was given to the recommendation from Cabinet to approve the Treasury Management Policy Statement, the Treasury Management Strategy Statement and the Minimum Revenue Provision Statement for 2012/13.  The Strategy included the Department for Communities and Local Government reporting requirements, in accordance with the Local Government Investments Guidance under Section 15(1)(a) of the Local Government Act 2003. 

 

RESOLVED

 

That

 

1.      The Treasury Management Policy Statement, as set out at Appendix A of the report be approved;

 

2.      The Treasury Management Strategy and the Minimum Revenue Provision Statement for 2012/13, as set out in Appendix B of the report be approved; and

 

3.      The Revisions to the Treasury Management Strategy for 2011/12 be approved.

 

 

91.

Council Tax 2012/2013 - Statutory Resolution pdf icon PDF 147 KB

To set the Council Tax for the financial year 2012/2013, in accordance with the formal resolutions as shown in section 19 of the report.

Additional documents:

Minutes:

Consideration was given to a report requesting the Council to set the Council Tax for the financial year 2012/2013. 

 

At the time of writing the report, Cheshire Police Authority had not set its budget and its Council Tax precept. A revised report, indicating the Police Authority precept, was tabled at the meeting. 

 

RESOLVED

 

             That Council sets the Council Tax for the financial year 2012/2013, in accordance with the formal resolutions as set out below:

 

1.      That it be noted that on 15th December 2011 the Council calculated the Council Tax base 2012/2013

(a)   for the whole Council area as 146,807.37.

(b)   for dwellings in those parts of its area to which a Parish precept relates    as in the Appendices attached to the report.

2.      That Council calculates that the Council Tax requirement for the Council’s own purposes for 2012/2013 (excluding Parish precepts) is £178,567,676.

3.      That the following amounts be calculated for the year 2012/2013 in    accordance with Sections 31 to 36 of the Act:

a.      £715,217,994 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(2) of the Act taking into account all precepts issued to it by Parish Councils.

 

b.      £532,221, 974 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(3) of the Act.

 

c.      £182,996,020 being the amount by which the aggregate at 19.3(a) above exceeds the aggregate at 19.3(b) above, calculated by the Council, in accordance with Section 31A(4) of the Act as its Council Tax requirement for the year.

 

d.      £1,246.50 being the amount at 19.3(c) above divided by the amount at 19.1(a) above, calculated by the Council, in accordance with Section 31B of the Act, as the basic amount of its Council Tax for the year (including Parish precepts).

 

e.      £4,428,344 being the aggregate amount of all special items (Parish precepts) referred to in Section 34(1) of the Act

 

f.        £1,216.34 being the amount at 19.3(d) above less the result given by dividing the amount at 19.3(e) above by the amount at 19.1(a) above, calculated by the Council, in accordance with Section 34(2) of the Act, as the basic amount of its Council Tax for the year for dwellings in those parts of its area to which no Parish precept relates.

 

g.      Appendix A being the amounts calculated by the Council, in accordance with regulations 3 and 6 of the Local Authorities (Calculation of Council Tax Base) Regulations 1992, as its total council tax base for the year and council tax base for dwellings in those parts of its area to which one or more special items relate.

 

h.     Appendix B being the amounts given by adding to the amount at (f) above, the amounts of special items relating to dwellings in those parts of the Council’s area mentioned above divided by in each case the appropriate tax base from Appendix A, calculated by the Council in accordance with Section 34(3) of the 1992 Act, as  ...  view the full minutes text for item 91.

92.

Referral to Council of Recommendations from Constitution Committee Notice of Motion Local Service Delivery Committee pdf icon PDF 57 KB

To consider the recommendations of the Constitution Committee held on 26 January 2012.

Additional documents:

Minutes:

At the meeting of Council on 15th December 2011, consideration was given to the Constitution Committee’s recommendation to approve Terms of Reference  for the Local Service Delivery Committees, including membership of the Committees.

 

Council resolved to refer the matter back to the Constitution Committee for further consideration and requested a report back to the next meeting of the Council.

 

The Constitution Committee gave further consideration to this matter, at its meeting on 26 January and made further recommendations to Council.

 

Council gave consideration to the recommendations of the Constitution Committee and:

 

RESOLVED

 

That

 

1.      The memberships of the Local Service Delivery Committees for Macclesfield and Crewe be amended to comprise those members who represent the wards in the respective unparished areas; and

 

2.      The revised terms of reference for the Local Service Delivery Committees as set out below be approved, and the Leighton ward be added to the list of wards covered by the Crewe Committee:

 

“To consider and review the delivery of services and the transfer of assets within the relevant unparished area in accordance with the Council’s Policy for Local Service Delivery Arrangements , namely the transfer of assets and the devolution of local services to Town and Parish Councils within the Cheshire East area.

 

To consider and review the cost implications of both the delivery of services and the transfer of assets within the relevant unparished  area in accordance with the Council’s Policy for Local Service Delivery arrangements.

 

To make recommendations to Cabinet on the level of service provision for those services and / or assets being considered as part of the Local Service Delivery arrangements within the relevant unparished area.

 

To consider and make recommendations to Cabinet on any necessity for, and the amount of, a special expense levy in the relevant unparished area to represent the cost of the Local Service Delivery arrangements and to ensure consistency with the arrangements in the Parished areas.”   

 

93.

Referral to Council of Recommendations from Constitution Committee - Finance Procedure Rules pdf icon PDF 38 KB

To consider the recommendations of the Constitution Committee held on 26 January 2012.

Additional documents:

Minutes:

The Constitution Committee, at its meeting on 26 January 2012, considered proposed amendments to the Finance and Contract Procedure Rules, which formed part of the Council’s Constitution.

 

The proposed amendments had been endorsed by the Constitution Task Group at its meeting on 16th December 2011. In addition, the Task Group had agreed a number of further amendments, which had been incorporated into the amended Rules.

 

RESOLVED

 

That the amended Finance and Contract Procedure Rules, as appended to the report, be approved and the Constitution be amended accordingly.

 

94.

Referral to Council of Recommendations from Constitution Committee Cheshire East Governance Arrangements - Localism Act 2011 pdf icon PDF 45 KB

To consider the recommendations of the Constitution Committee held on 26 January 2012.

Additional documents:

Minutes:

Council at its meeting held on 15 December 2011, had referred the following Notice of Motion, submitted by Councillor D Brickhill, to the Constitution Committee for consideration:

 

‘In view of the obvious and continued failure of the Cabinet system, as evidenced by their inability, for a second year running, to manage their budget, letting it overrun by a predicted £16,000,000, with the resultant reductions of reserves to a dangerously low level, this Council instructs its Constitution Committee to prepare the necessary amendments to bring about a proven successful system of governance, similar to the earlier committee systems of the successful predecessor Councils, to begin from the start of the 2012/13 financial year.’ 

 

In order to change governance arrangements, a local authority would be required to pass a resolution at Council. It was anticipated that arrangements could then only be changed with effect from an Annual Council meeting. The precise details of the process were not yet known and would be contained in regulations to be issued by the Secretary of State.

 

The Corporate Scrutiny Committee had considered this matter at its meeting on 10th January 2012 and had recommended the appointment of a Joint Member Working Group on a 6:2:1:1 basis to investigate in detail all available options to review governance arrangements under the Localism Act 2011. It was proposed that the Group begin to meet on a provisional basis subject to ratification by Council.

 

The Constitution Committee had considered this matter at its meeting on 26 January and had resolved that subject to confirmation by Council, and in concurrence with the recommendations of the Corporate Scrutiny Committee,

 

(1)   a Joint Member Working Group be appointed consisting of 10 Members on a 6:2:1:1 basis, to comprise Members of the Corporate Scrutiny Committee and the Constitution Committee, at least one Member representing the Council's Regulatory Committees and one Member of the Cabinet, with a view to investigating in detail all available options to review governance arrangements under the Localism Act 2011;

 

(2)   the Joint Member Working Group meet initially on a provisional basis;

 

(3)   appointments to the Joint Member Working Group be pursued through the group whips; and

 

(4)   the Chairman and Vice-Chairman of the Joint Member Working Group be appointed at its first meeting.

 

Councillor A Martin reported that the Joint Member Working Group had held its first meeting on 22nd February 2012, and would meet again on 22nd March 2012.

 

RESOLVED

 

That the decisions of the Constitution Committee as set out above be confirmed.

 

95.

Notices of Motion pdf icon PDF 148 KB

To consider the attached Notices of Motions, submitted in accordance with Procedure Rule 12.

Minutes:

1.      Consideration was given to the following Notice of Motion submitted by Councillor D Brickhill:

 

“That meetings set out in the Council diary shall not be changed either by timing or location unless:-

All Members have been consulted and there is no relevant business in which case the meeting is cancelled.

All Members are consulted and more than 60 agree to the change.”

 

The Motion was seconded by Councillor P Edwards.

 

RESOLVED

 

That the Motion stand referred to the Constitution Committee.

 

2.      Consideration was given to the following Notice of Motion submitted by Councillor D Brickhill:

 

1.         “At least 80% of all money raised by community levy payments by Developers must be spent in the same town or parish council area as the actual development.

 

2.         The remaining 20%, if any, must be spent in the same district as the actual development, where ‘district’ means the appropriate area of one of the three previous district councils that made up Cheshire East.

 

3.         The planning department shall consult the parish or town council on how the money should be spent and, if necessary, fully explain at a planning Committee meeting why the parish’s recommendations cannot be implemented.

 

4.         The planning department shall provide to the parish or town council full accounts on how the money was spent.”

 

The Motion was seconded by Councillor A Moran.

 

RESOLVED

 

That the Motion stand referred to the Strategic Planning Board.

 

3.      Consideration was given to the following Notice of Motion submitted by Councillor S Corcoran:

 

“This Council thanks the Leader for sharing his thoughts at the last council meeting on whether Councillor allowances should be increased to replace mileage rates. However, this council does not support the idea because:

 

1.      It would disadvantage councillors in outlying areas.

 

2.      It would disadvantage active Councillors who travel frequently to attend meetings and reward councillors who do not attend many meetings.

 

3.       At a time when public opinion of payments to MPs and councillors is highly sceptical, the public perception might be that this is a ruse to bring in an increase in allowances through the back door.”

 

The Motion was seconded by Councillor K Edwards.

 

RESOLVED

 

That the Motion stand referred to the Independent Remuneration Panel.

 

4.      Consideration was given to the following Notice of Motion submitted by Councillor S Hogben:

 

“Coppenhall East Crewe

 

No large scale housing plans in Coppenhall East should be approved or signed off until essential improvements to the road bridge over the Crewe to Manchester railway line on Sydney Road, as well as the northern relief road from Crewe Green roundabout to the A530 Middlewich Road, have been approved.”

 

The Motion was seconded by Councillor R Cartlidge.

 

RESOLVED

 

That the Motion stand referred to the Strategic Planning Board.

 

5.      Consideration was given to the following Notice of Motion submitted by Councillor D Flude:

 

“Centenary of the First World War and War Memorials Cheshire East

 

In 2014 the nation will commemorate the centenary of the First World War can this  ...  view the full minutes text for item 95.

96.

Supplementary Estimates - Quarter Three Review pdf icon PDF 73 KB

To approve the Supplementary Estimates, as set out in the report.

Additional documents:

Minutes:

Consideration was given to a report bringing forward Cabinet recommendations for Supplementary Estimates contained within the 2011/12 Quarter Three Review of Performance report for Council approval as follows:

 

·         a Supplementary Revenue Estimate of £0.6m to be met from general reserves to meet one-off Voluntary Redundancy costs in 2011/12, as detailed in Appendix 1 of the report.

 

·         a Supplementary Capital Estimate / Virement of over £1,000,000 for Crewe Rail Exchange, as detailed in Appendix 2 of the report. 

 

RESOLVED

 

That the above supplementary estimates be approved.

 

97.

Leader's Report to Full Council

 

The Leader to announce the appointment of Councillor Janet Clowes as the Cabinet Member and Councillor Stewart Gardiner as Cabinet Support Member for Health and Wellbeing.

 

 

Minutes:

The Leader announced the appointment of Councillor Janet Clowes as the Cabinet Member for Health and Wellbeing and Councillor Stewart Gardiner as Cabinet Support Member for Health and Wellbeing.

 

The Leader also made a statement in respect of his recent announcement regarding his resignation as Leader of the Council and thanked Members of all parties for their support during his time as Leader.

 

98.

Appointment of a Vice Chairmen to the Audit and Governance Committee pdf icon PDF 64 KB

To appoint a Vice Chairman to the Audit and Governance Committee. 

Minutes:

Consideration was given to the appointment of a Vice-Chairman of the Audit and Governance Committee in place of Councillor M Hardy who had resigned from the position due to work commitments.

 

RESOLVED

 

That Councillor D Marren be appointed Vice-Chairman of the Audit and Governance Committee.

 

99.

Cheshire East Pay Policy Statement 2012/13 pdf icon PDF 76 KB

To consider the recommendation from the Staffing Committee, held on 20th February 2012, to approve the Pay Policy Statement for 2012/13, in line with the requirements of the Localism Act 2011.

Additional documents:

Minutes:

Consideration was given to a report regarding the requirement for local authorities to produce a Pay Policy Statement for 2012/2013 by 31st March 2012 and for each financial year thereafter under Section 38/11 of the Localism Act 2011.

 

The report had been considered by the Staffing Committee at its meeting on 20th February 2012. The Committee had recommended that the Pay Policy Statement be approved.

 

The Pay Policy Statement being recommended for adoption was attached at Appendix A of the report.

 

RESOLVED

 

That the Pay Policy Statement 2012/13 be approved.

 

100.

Questions

In accordance with Procedure Rule 11, opportunity is provided for Members of the Council to ask the Mayor, the appropriate Cabinet Member or the Chairman of a Committee any question about a matter which the Council, the Cabinet or the Committee has powers, duties or responsibilities. Questions must be sent in writing to the Monitoring Officer at least 3 clear working days before the meeting.

 

At Council meetings, there will be a maximum question time period of 30 minutes. Questions will be selected by the Mayor, using the criteria agreed by Council. Any questions which are accepted, but which cannot be dealt with during the allotted period will be answered in writing. Questions must be brief, clear and focussed.

Minutes:

The following question had been submitted in accordance with Procedure Rule 11:

 

Question from Councillor K Edwards to the Leader of the Council

 

Lyme Green Waste Transfer Station

 

While welcoming the very full and frank apology made to residents and taxpayers in Cheshire East from the leader of the Council, Councillor Wesley Fitzgerald, with regard to the waste of up to £560,000 in relation to a possible waste disposal site at Lyme Green on the outskirts of Macclesfield, will the Leader please ensure that the appropriate Cabinet Member requests the Environment and Prosperity Scrutiny Committee to examine the reasons why the withdrawal of the planning application had to take place meaning that up to £560,000 worth of investment in site preparation at Lyme Green has been wasted?

 

Will he make as part of that request an insistence that the Scrutiny Committee should make recommendations as to how such a situation can be avoided in the future and will he ensure that the report comes back for consideration at a future Council Meeting of Cheshire East so Members can be assured there will be no repeat of such an appalling waste of public and taxpayers money in the future?

 

Response

 

The Audit and Governance Committee is already supporting an internal investigation which has been instigated by the Chief Executive into the series of events that have led to the concerns expressed by Councillor Edwards.

 

The investigation is being carried out by the Council’s internal audit section over a period of weeks. It will look at the process which led to the regrettable situation and will include a detailed investigation of the finances.

 

The results of the investigation will be thoroughly looked at to ensure that lessons can be learnt and that changes to mitigate such an occurrence in the future are put in place.

 

A summary of the investigation will be published at a date to be confirmed.