Agenda and minutes

Council
Thursday, 26th July, 2018 2.00 pm

Venue: The Ballroom, Sandbach Town Hall, High Street, Sandbach, CW11 1AX. View directions

Contact: Julie North  Senior Democratic Services Officer

Items
No. Item

14.

Prayers

Minutes:

The Mayor’s Chaplain said prayers at the request of the Mayor.

15.

Declarations of Interest

To provide an opportunity for Members and Officers to declare any disclosable pecuniary and non-pecuniary interests in any item on the agenda.

Minutes:

There were no declarations of interest.

16.

Minutes of Previous meetings pdf icon PDF 83 KB

To approve as a correct record the minutes of the ordinary meeting of Council and the special meeting of Council held on 23 May 2018.

Additional documents:

Minutes:

RESOLVED

 

That the minutes of the Annual meeting of Council and the special meeting of Council, held on 23 May 2018 be approved as a  correct record, noting comments made regarding the wording in resolution 2 at minute 14 of the minutes of the Annual meeting.

17.

Mayor's Announcements

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

Minutes:

The Mayor:-

 

1.     Reported that she had had a very busy, but enjoyable couple of months, since she had been elected at the Annual Meeting of Council, meeting a wide variety of volunteers and organisations across Cheshire East. Details of the events that she and the Deputy Mayor had attended had been circulated in advance of the meeting.

2.     Informed Council that it has been her sad duty to represent Cheshire East at two funerals. In June, she had attended the funeral of Alan Coburn who had died just a week short of his 102nd birthday. There were very few people still around who actively participated in the Local Government structure in Cheshire before the major reorganisation in April 1974.  Alan had been Chairman of the former Wilmslow Urban District Council in 1969-70, having been first elected in the early 1960s. Earlier in the month it had been her privilege to attend the funeral of Honorary Alderman Margaret Melrose. She had first been elected to the former County Council in 1967, served until 2001 and was Chairman of the County Council on two occasions. Both Alan Coburn and Margaret Melrose were popular and hard-working Councillors who served their communities for many years.

3.     Reported that Bosley was in her Ward and it was fitting that, as Mayor, she had able to attend services held in both the local church and chapel, to mark the third anniversary of the disaster. She thanked the Leader of the Council for attending the Commemoration. (Council stood for a minute’s silence in tribute to Alan Coburn, Margaret Melrose and to those who had so tragically lost their lives three years earlier in Bosley).

4.     Asked all Members to join with her in congratulating Janet Jackson on her award of an MBE in the Queen’s Birthday Honours last month.

5.     Noted that Parish Councils played an important role in the life of communities. To help develop the Council’s relationship with Parish Councils and to enable Parish Chairs to meet each other, she announced that she would be hosting a series of informal afternoon teas for Parish Chairs. The first two would be held next month; one in the Mayor’s Parlour in Crewe and the other in the Parlour in Macclesfield. If they were successful, she would be hosting more later in the year.

6.     Reported that it had been her privilege, in the previous month, to attend the opening by HM Queen of the new Mersey Crossing. The Queen had been accompanied by the Duchess of Sussex, in what had been her first official visit to the north of England. The Duke of Gloucester had also been welcomed to Cheshire East, at the Royal Cheshire Show.

7.     Reported that she attended a number of Civic Services recently, which had been inspirational and without exception had refreshed and renewed both her own and the local Council’s aspirations to continue to do the best they could for Cheshire East residents and the environment. She would be  ...  view the full minutes text for item 17.

18.

Public Speaking Time/Open Session

In accordance with paragraph 1.32 of the Council Procedure Rules 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 Chairman 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:

1.     Ms Melanie Hancock asked whether Cheshire East Council was happy with the cost to the tax payer of policing badger culling each year, during a period of austerity. – A Written response would be provided.

2.     Mrs S Dyke also spoke in respect of badger culling and the definition of culling and she considered that in this context that it should be referred to as “the indiscriminate slaughter” of badgers.

3.     Ms H Baxter, representing Local Animal Rescue, addressed Council regarding the work that the group carried out with school children to teach them respect for animal life and the countryside and asked the Council to bear this in mind with regard to the badger cull.

4.     Crewe Town Cllr D Yates asked the Council to reconsider its position so as to prevent badger culling on its land, not just tenant farms, and went on to speak about the impending badger cull in Cheshire and the cost of this. She stated that there was no credible evidence that badger culling was making any significant contribution to preventing bovine TB and she expressed concern that badgers would be disappearing from areas of the country.

5.     Ms J Smith also addressed Council regarding badger culling and bovine TB and cattle to cattle contamination. She asked what Cheshire East Council was doing, in conjunction with local farming bodies, to support local dairy farmers, and tenant farmers in particular, to support increased biosecurity, increased animal testing and animal movement. - A Written response would be provided.

 

(Cllr Clowes, Adult Social Care and Integration Portfolio Holder, provided clarification regarding the Council’s position in respect of the above matters. She stated that this issue was orchestrated through Defra, was organised by Natural England and the Police and the role that the Council played was whether it allowed badger culling on its land and it had already been reported to Council on previous occasions that the Council did not. She stated that Ms Hancock’s question should be directed to the Police and Crime Commissioner and the other questions should be directed to Natural England and Defra. She would, however, be happy to provide written responses, as above).

 

6.     Ms Carol Jones welcomed events such as Pride in the Park and other events organised by the Council, but requested that the Council consider public transport issues when organising events, particularly from the Crewe area to Tatton Park.

7.     Middlewich Town Cllr Jonathan Parry referred to the report of the Council’s Investigation and Disciplinary Committee and the cost in respect of this and asked why the Council would not release the report and make it public. The Acting Chief Executive responded to say that she had previously stated that this was an HR matter, which would lead the Council to a position where it would not intend to publish the report and this remained the position.

9.     Mrs S Helliwell referred to the policy paper on Inclusive Transport: Achieving Equal Access for Disabled People and asked whether  ...  view the full minutes text for item 18.

19.

Leader's Announcements

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

Minutes:

In summary, the Leader of the Council:-

 

1.     Noted that the meeting was the last Council meeting of the summer and wished those who had holidays booked a well-earned break. However, she stated that the work of Members, and the organisation would continue, with its challenging and productive agenda over the remaining summer weeks.

2.     Referred to an event which had taken place earlier in the afternoon where many Members had joined her to formally launch the Council’s new vision for workplace culture, behaviours and the employee deal. This was a key moment in the Council’s Brighter Future Together Culture programme, and she considered it right to take time to recognise this important achievement.  In addition to the event in Sandbach, events had been held across Cheshire East in the Council’s key office buildings, as the formal launch was rolled-out to key audiences. Over one thousand members of staff, Councillors and union representatives had contributed to the development of these key documents, and she believed that each and every one should feel a real sense of ownership; and  must recognise that, important as this day was, this was just one step on the journey to shape and embed the culture of Cheshire East Council.  Officers and managers were now embarking on a journey to use these documents to shape the way they worked together. 

3.     Welcomed the judgment of the previous week’s Employment Tribunal. The complainant had alleged that she had been treated unfairly, and dismissed, due to her making a whistleblowing disclosure relating to payment of the national minimum wage for staff working sleep-in shifts. The Tribunal had fully rejected and dismissed these claims, following a thorough, 10-day hearing, which had concluded on 15 June 2018. She regretted that this matter could not be resolved prior to legal proceedings but, after full consideration of the circumstances,  it had been felt that there was no alternative but to defend the allegations made by the complainant. Staff were the Council’s most important asset and were essential for the effective delivery of Council services. She stated that the Council was committed to ensuring that all of its staff felt safe and were able to raise any concerns they may have about work matters. She went on to refer to a range of processes and procedures that the Council had  to support staff where they had concerns.

4.     Referred to the Council’s Chief Executive, Mike Suarez’s, recent resignation from his post with immediate effect and reassured Council that the current interim management arrangements remained in place. She stated that the Council had been working under these arrangements for over a year now and the Corporate Leadership Team was operating as a strong, cohesive unit. While this time had been difficult in many ways, she was proud to say that Cheshire East Council had continued to deliver excellence for service users, residents, and businesses. She went on to thank each and every member of staff for their dedication and commitment.

5.     Welcomed  ...  view the full minutes text for item 19.

20.

Recommendation from Cabinet - 2017/18 Financial Outturn And Review Of Performance pdf icon PDF 45 KB

To consider the recommendation from Cabinet.

Additional documents:

Minutes:

Cabinet, at its meeting on 26 July 2018, had considered a report on the 2017/18 Financial Outturn and Review of Performance.

 

Cabinet had approved fully funded supplementary capital estimates above £500,000 and fully funded supplementary capital virements above £1,000,000 and had recommended that Council approve fully funded supplementary capital estimates above £1,000,000, in accordance with Financial Procedure Rules, as detailed in Appendix 4, Table 8 of the report.

 

Consideration was given to the recommendation from Cabinet.

 

RESOLVED

 

That the fully funded supplementary capital estimates above £1,000,000, in accordance with Financial Procedure Rules, as detailed in Appendix 4, Table 8 of the Cabinet report be approved.

 

21.

Recommendation from Cabinet - A500 Dualling pdf icon PDF 42 KB

To consider the recommendation from Cabinet.

Additional documents:

Minutes:

Cabinet, at its meeting on 26 July 2018, had considered a report seeking authority to undertake all necessary preparatory works in advance of the final funding decision in relation to the A500 Dualling Scheme.

 

Cabinet had authorised the Executive Director of Place, in consultation with the Portfolio Holder for the Environment, to exercise powers delegated to the Executive Director of Place to undertake all necessary and prudent preparatory works in advance of the final funding decision at risk, in order to ensure that the Council was positioned to deliver the scheme if a favourable funding decision was received, and recommended that Council approve a Supplementary Capital Estimate of £0.4m to increase the current budget of £4.1m to £4.5m, to enable the scheme to progress whilst awaiting the outcome of Department for Transport(DfT) funding and planning application decisions.

 

RESOLVED

 

That a Supplementary Capital Estimate of £0.4m, to increase the current budget of £4.1m to £4.5m to enable the scheme to progress whilst awaiting the outcome of the DfT funding and planning application decisions, be approved.

 

22.

Recommendation from Cabinet- Congleton Link Road - Award Of Construction Contract And Submission of Final Business Case pdf icon PDF 49 KB

To consider the recommendation from Cabinet.

Additional documents:

Minutes:

Cabinet, at its meeting on 26 July 2018, had considered a report seeking approval to submit the final funding application to the DfT and to award the preferred bidder a contract to deliver the scheme for the Congleton Link Road.

 

Cabinet had approved the submission of the Scheme Final Business Case to the DfT, seeking a contribution of £45M towards the total Scheme cost; approved the selection and award of the contract to deliver the scheme to bidder X as the preferred bidder; and approved the underwriting of the developer contributions to the Scheme of up to £20.8M in the event that the anticipated developer contributions were not realised; and recommended that Council approve the additional contribution from Council resources to the scheme of £1.8M, to increase the  total contribution to £23.8M.

 

RESOLVED

 

That the additional contribution from Council resources to the scheme of £1.8M,  to increase the  total contribution to £23.8M, be approved.

 

 

23.

Notices of Motion pdf icon PDF 55 KB

To consider any Notices of Motion that have been received in accordance with paragraph 1.34 of the Council Procedure Rules

Minutes:

Consideration was given to the following Notices of Motion:-

Modern Slavery

Proposed by Cllr S Corcoran  and seconded by Cllr A Harewood

 

This Council notes:-

 

  • ­Though slavery was abolished in the UK in 1833, there are more slaves today than ever before in human history. Figures from the International Labour Organisation (ILO) suggest that there are more than 40 million people in modern slavery across the world, with nearly 25 million held in forced labour.

 

  • ­There were 3805 victims of modern slavery identified in the UK in 2016. A rising number but still well below the 10,000 and 13,000 potential victims estimated by the Home Office.

 

  • ­Modern Slavery is happening nationwide. Traffickers and slave masters use whatever means they have at their disposal to coerce, deceive and force individuals into a life of abuse, servitude and inhumane treatment. This can include sexual and criminal exploitation.

 

This Council believes

 

  • ­That action needs to be taken to raise awareness of modern slavery and the fact that it is happening all over the UK.

 

  • ­That the current support for victims is not sufficient and needs to go beyond the 45 days they are currently given by the government.

 

  • ­That councils have an important role to play in ensuring their contracts and supplies don’t contribute to modern day slavery and exploitation.

 

This Council resolves

 

To adopt the Co-operative Party’s Charter against Modern Slavery to ensure our procurement practices don’t support slavery.

 

 

Background information:

Modern slavery briefing

 

RESOLVED

 

That the motion be referred to Cabinet.

 

2.       Single Use Plastics

 

Proposed by Councillor R Bailey and seconded by Councillor
H Davenport

 

We know how harmful single use plastics are to the environment, indeed in 2017 the NFWI called on the Government and industry to research and develop innovative solutions to stop the accumulation of micro plastic fibres in our oceans.

 

We urge full council endorsement of this campaign and in so doing seek to eliminate all single use plastic within CEC managed buildings and facilities by 2020 and seek to encourage the elimination of single use plastic within its supply chain by 2025.

 

 

RESOLVED

 

That motion be referred to Cabinet.

 

24.

Questions

In accordance with paragraph 1.18 of the Council Procedure Rules, 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.

 

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:

1.     Cllr G Baxendale asked the Cabinet Member for Corporate Policy to join him in thanking the officers and Members involved in enabling the Cheshire East Reflects programme over the past four years. Cllr Findlow, Corporate Policy and Legal Services Portfolio Holder, responded.

 

2.     Cllr N Mannion referred to questions that he had submitted previously concerning hydrolic fracking and stated that he had received a holding response, but that there was still no settled policy on this issue. He referred to the Government proposals to remove mineral planning powers from Local Authorities and asked the Leader of the Council to write to local MPs and  the relevant Minster to ask that the powers not be removed. The Leader of the Council responded briefly and undertook to provide a written response, or to submit a report to Cabinet.

 

3.     Cllr S Gardiner asked the Leader to provide assurance that any definition of anti-semitismused by the Council would be that accepted nationally and not any diluted version. The Leader of the Council responded briefly and undertook that Cabinet would consider the matter.

 

4.     Cllr A Moran referred to a recent meeting of the Constitution Committee, where two items regarding an all party working group relating to an alternative committee system and regarding chairmanships and vice-chairmanships being offered to opposition parties, were voted down and he asked whether the Council was Member-led or Whip-led. Cllr A Martin, Chairman of the Constitution Committee, responded.

 

5.     Cllr G Baggott asked why the public car parks in Macclesfield town centre were being resurfaced to the detriment of pot holes in the town centre. The Leader of the Council responded.

 

6.     Cllr C Andrew referred to regeneration and asked what assurance he and the residents of Macclesfield could be given that the decision of ASK to withdraw from the proposed town centre development would not have a damaging effect on the town centre and what sort of alternative scheme could be expected from the Council for the regeneration of the town. The Leader of the Council responded.

 

7.     Cllr P Groves referred to the Connected Community Centres and stated that, in Nantwich, there had been two very useful meetings with the relevant officers regarding potentially expanding the programmes to utilise programmes in Nantwich and Stapeley. He asked whether the delivery of the centres was on schedule and how this was progressing. Cllr J Clowes, Adult Social Care and Integration Portfolio Holder, responded.

 

8.     Cllr M Deakin referred to the Cemetery Strategy report, considered by Cabinet, where it had been agreed that the Council would meet with Alsager Town Council and residents. He asked that, given the limited number of burial spaces in Alsager and the continuing demand for plots, when would the pledged meeting take place. The Leader of the Council responded briefly, with assistance from Cllr D Marren, Chair of Orbitas Bereavement Services, and undertook to provide a written response.

 

9.     Cllr Menlove referred to limited parking capacity in Wilmslow, leading  ...  view the full minutes text for item 24.