Agenda and minutes

To approve the minutes as a correct record.

RESOLVED

That the minutes be approved as a correct record, subject to an amendment to the resolution in minute number 4, to correct a typographical error, so that the year reads 2011/12.

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

The Mayor :-

1.      Informed Members of the results of the election for the Crewe South Ward, where Councillors Dorothy Flude and Steven Hogben were elected. He noted that Cllr Flude had offered her apologies for the meeting and welcomed Cllr Hogben to his first Cheshire East Council meeting.

2.      Reported that he had attended a large number of engagements in the last two months. One particularly memorable event had been the lighting of the Olympic flame for the special Olympics and then, later in the month, the extinguishing of the flame. The Cheshire East team had won ten gold, five silver and five bronze medals and he had been delighted to attend.

3.      Announced that, earlier in the week, several venues in Cheshire East had the honour of being visited by Their Royal Highnesses, The Duke and Duchess of Gloucester.  He was at Macclesfield to greet the Duke and show him some of the installations to mark the town’s 750^th Charter. The Deputy Mayor had welcomed the Duchess to Queens Park, where she had met some veterans and members of Friends of Queens Park.  The Royal couple were reunited at the RHS Show at Tatton Park, where they visited the Cheshire East floral bed, which had Queens Park as its theme.

4.      Announced that the previous week had seen the launch of the Place Shaping Consultation, which asked for views on how the Council could improve its towns and villages, over the next 20 years. The results would help to prepare the new development plan for Cheshire East – the Local Development Framework. Everyone who lived or worked in Cheshire East had been invited to complete the questionnaire and let the Council know what they liked about their town and what they wanted to see improved. More information was available via a series of exhibitions, which were in all the major towns in Cheshire East and on the Council’s website.

5.      Was delighted to announced that Cheshire East Adult Services had won the "Personalisation and Choice Achievement of the Year" awarded at the Municipal Journal (MJ) National Awards 2011, which was a prestigious national competition. Cheshire East were one of six finalist, of which two got Highly Commended but Cheshire East took the award.  The award reflected the work of Adult Services in modernising personal care and the support given by Corporate colleagues. The Mayor congratulated all those staff involved.

6.      Was pleased to announce that Cheshire East Council won 2 Gold medals at the RHS show at Tatton – Gold for the Queens Park Flower Bed and Gold for Tatton's Japanese Garden . He congratulated all those staff involved.

  He also announced that it was the centenary of the Japanese garden, 

  at Tatton park and that the Japanese Ambassador would be visiting the 

  garden, where the Mayor would meet him, on the following

  day.

7.         Referred to various news bulletins, throughout the day, relating to the

        publication of a serious case review by the Cheshire East Safeguarding  ...  view the full minutes text for item 25.

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

The Mayor reported that a number of Members had sought advice from the Monitoring Officer with regard to declarations of interest in respect of item 19 – Harmonisation of Terms and Conditions, where they were related to an employee of Cheshire East Council.

Members had been advised that they should declare a personal interest in these circumstances.

The following Members declared a personal interest in this item ;-

Member            Relationship

Cllr Marren             Son

Cllr Bebbington      Sister

Cllr Hogben            Daughter

Cllr Sherrat             Partner  

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 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.

Mr T Beard used public speaking time to request that the Council review its decision to increase market rents in Crewe, in view of the number of vacant market stalls and the effect on the vibrancy of the town centre.

The Mayor undertook to request that a written response be provided to Mr Beard.

The Leader of the Council announced that, following the resignation of Cllr Peter Hayes from the Cabinet, Cllr R Domleo would take on the responsibilities for the Health and Well-being Portfolio, in addition to his responsibilities as Adult Services Portfolio Holder and that Cllr J Clowes had been appointed as a Cabinet Support Member for the Health and Well-being Portfolio.

To consider a Notice of Motion submitted by Councillors S Jones and R Fletcher and two Notices of Motion submitted by Councillors D Neilson and D Hough, attached.

Consideration was given to the following Notice of Motion, submitted by Cllrs S Jones and Fletcher :-

This Council is concerned about the capacity of the Quality Care Commission (QCC) ,to carry out its functions effectively.  The Council resolves to ask the Chief Executive to register our concerns, at Ministerial level and with the Chief Executive of QCC, with copies of correspondence to our local MPs.

This Council asks Cabinet to refer to the relevant Scrutiny Committees with a view to establishing an all-party Task/Finish group to investigate the position in Cheshire East regarding the interface between the QCC and our own safeguarding service to ensure that our vulnerable residents, particularly those in receipt of domiciliary care, are properly protected.   

RESOLVED

That the motion stand referred to Cabinet.

Consideration was given to the following Notices of Motion Submitted by Cllrs D Neilson and D Hough :-

One

In the written answer to Cllr. John Narraway’s question to full Council, regarding the cost of redundancies and subsequent savings, it looks like the cost has been £23.8m, with estimated savings of £2m per annum.  This would appear to give a payback time of over 10 years, when Cabinet reports have suggested a payback period of 4 years.

Motion :-

That this Council ask the Corporate Scrutiny Committee to review the costs of redundancies and pay back time and report back to Council on their findings.

Cllr Mason, Portfolio Holder Procurement, Assets and Shared Services provided the following information in respect of how the figures, included in the response, relating to the cost of redundancies, had been calculated :-

Monthly Staffing Costs

April 2009 – £26.385m

April 2011 – £24.958m

This 2 year reduction was rounded to £1.5m, giving an average monthly reduction of £750k. This was then multiplied by 24 months = £18m.

Redundancy Cost 9/10 –  £13.9m

Redundancy Costs 10/11 –£9.8m   

                                             £23.7m    = £23.7m Costs

                                             £18.0m Savings = 1.3 Year Pay Back

It having been suggested that the motion was founded on erroneous information, the Mayor put the matter to the vote and it was : -

RESOLVED

That the motion will not  be referred to Cabinet.

Two

That the Council suspends all new redundancy requests, until a review is carried out, relating to the counter productive effect of employees getting jobs with other employers, while their services are still required and being allowed voluntary redundancy. Thus leaving extra redundancy cost to the Council, plus the extra costs involved of recruiting from outside the organisation.

It having been suggested that the second motion was consequential upon the first, the Mayor put the matter to the vote and it was :-

RESOLVED

That the motion will not be referred to Cabinet.

To approve the political group representation, as set out in Appendices 1 and 2 to the report and to agree that the methods, calculations and conventions used in arriving at them as outlined in the report be adopted.

Consideration was given to a report, reviewing the political representation on the Council’s Committees, following the election in the Crewe South Ward.

RESOLVED

That the political group representation, as set out in Appendices 1 and 2 to the report and the methods, calculations and conventions used in arriving at them, as outlined in the report, be adopted.

That the nominations made by the Group Leaders to the bodies listed in Appendix 2 of the previous agenda item, be agreed.

Consideration was given to a report reviewing the memberships of the Council’s decision-making bodies, listed in Appendix 2 of the previous agenda item.

The Political Groups had reviewed their nominations and an appendix to the report, providing details of the political groups’ nominations of Members to the various bodies was circulated at the meeting.

In proposing the nominations the Leader of the Council reported that, in view of the fact that Cllr J Clowes had now been appointed as a Cabinet Support Member, she would no longer be a member of the Children and Families Scrutiny Committee and a member/Vice-chairman of the Health and Wellbeing Scrutiny Committee. The Leader would notify the Borough Solicitor of her replacement.

The Labour group notified the replacement of Cllr L Jeuda with Cllr A Harewood on the Local Service Delivery (Macclesfield) Committee.

The Liberal Democrat Group notified the filling of the Liberal Democrat vacancy on the Standards Committee, by Cllr R Fletcher.

It was also reported that, with effect from 15 July 2011, Cllr D Flude was the Leader of the Labour Group and Cllr J Jackson was the Deputy Leader of the Labour Group.

The above changes have been incorporated into an appendix to the report, which is attached to these minutes.

RESOLVED

That, subject to the above changes, the nominations as set out in the Appendix as circulated at the meeting and as attached, be agreed.

To review and appoint Councillors to the Cheshire Fire Authority and the Cheshire Pensions Panel.

Consideration was given to a report inviting Council to review appointments to Cheshire Fire Authority and the Cheshire Pension Fund Committee.

The following nominations, as submitted by the political groups, were circulated at the meeting :-

Cheshire Fire Authority

Councillors M Simon, J Weatherill, J W Livesley, D Topping, G Merry, C Thorley, D Flude and D Brickhill.

Joint Cheshire Pension Funds Committee

Councillors F Keegan, P Mason, P Raynes, and D Newton.

RESOLVED

That the nominations, as set out above, be approved.

To approve the recommendations of the Constitution Committee.

The Constitution Committee had considered a report on proposals for the appointment of an Appeals Sub-Committee. It was proposed that the appeals function should become the responsibility of the Constitution Committee and that the Committee appoint an Appeals Sub Committee of 5 Members, on a politically-proportionate basis. 

     In considering the proposals, the Constitution Committee recommended to Council that the Sub-Committee be appointed and that it comprise a pool of 10 Members, to be nominated by the Political Groups, from whom 5 Members could be drawn, on a political proportionate basis.

The following nominations were made at the meeting :-

Labour Group – Cllrs A Harewood and I Faysei.

Independent Group – Cllrs B Murphy and M Parsons.

RESOLVED

1      That the following functions become the responsibility of the Constitution Committee, which will appoint an Appeals Sub Committee with full delegated powers to hear and determine the following:

·        appeals lodged under the Marriage Act

·        appeals lodged with the Council for determination, as authorised under all relevant education legislation, excluding those duties falling to the Independent Appeals Panel (school admissions and exclusions)

·        appeals lodged with the Council in respect of school transport

·        appeals from bus contractors in accordance with contract procedures

·        any appeals lodged with the Council as Social Services Authority and as authorised under all relevant social services legislation

2            That the Sub-Committee comprise five members on a politically proportionate basis, the members to be drawn from a wider pool of ten members to be nominated by the political groups.

3.     That the Officers arrange suitable training for those Members nominated.

4.     That the Appeals Sub-Committee’s meetings be held, wherever possible, on those dates already scheduled in the calendar of meetings for the former Appeals Committee.

To approve the recommendations of the Constitution Committee.

The Constitution Committee had considered a report, which advised them on the content of the revised Whistleblowing Policy, which formed part of the Constitution and required endorsement by the Constitution Committee, prior to its referral to full Council for approval and adoption.

           The Committee had made number of suggestions in relation to the Policy, including that the wording of the Policy should reflect the fact that it also applied to elected Members as well as employees; the Whistleblower should be kept up to date on progress with the investigation; and the telephone number for the external auditor be included. The Committee had recommended that Council agree that the Borough Solicitor and Monitoring Officer, in liaison with the Vice Chairman of the Constitution Committee, agree the wording of proposed changes to the revised Policy. In light of this, a meeting had taken place between the Vice- Chairman, Cllr Marren and the Borough Solicitor, where amendments were agreed and these were circulated at the Council meeting.

RESOLVED 

1.     That the revised Whistleblowing Policy, as circulated at the meeting, be adopted and included in the Constitution.

To approve the recommendations of the Constitution Committee.

The Constitution Committee had considered a report on the proposed changes to the Executive and Cabinet Procedure Rules, as part of the review of the Council’s Constitution.

The Constitution contained both Executive Procedure Rules and Cabinet Procedure Rules. Both contained similar or duplicate information and following review, a consolidated Cabinet Procedure Rules Section had been produced.  The Cabinet and Corporate Management Team had been consulted and no specific matters had been raised.

The Committee suggested that questions at Cabinet be included in the work programme, as part of the review of the Constitution and recommended to Council that the Constitution be amended, to include the consolidated Cabinet Procedure Rules and that a review of rules for Member questions at Cabinet be included in the review of the Constitution.

RESOLVED

1          That the Constitution be amended, to include the newly consolidated Cabinet Procedure Rules.

2          That a review of rules for Member questions at Cabinet be included in the review of the Constitution.

To approve the recommendations of the Constitution Committee.

The Constitution Committee had considered a report on proposed amendments to the Council’s Contract Procedure Rules. The amendments were proposed to reflect best practice, developed by the Procurement Unit, including clarification on the taking of Delegated Decisions by Chief Officers.  Amendments were also proposed, to take into account new legislation and the Council’s ability to receive electronic tenders, as well as to clarify and remove parts of the Rules, which were no longer applicable. 

The Committee had a number of queries and concerns about the proposed amendments and proposed that a decision be deferred and further work be carried out on the amendments to the Rules and recommended that Council note this.

The following motion was moved and seconded :-

That

1          Council note that the Constitution Committee has deferred consideration of the report to a future meeting to enable further work to be carried out.

2          A report be brought to a future meeting reviewing and amending the Finance element of the Finance and Contract Procedure Rules.

Amendment

An amendment to add the words ”that, in the interim and in no way fettering the Constitution Committee, the financial threshold at which the Rules require a formal tendering procedure be increased from £50,000 to £75,000” was moved and seconded and declared carried.

RESOLVED:  That

     1      That Council note that the Constitution Committee has deferred consideration of the report to a future meeting to enable further work to be carried out.

2        That a report be brought to a future meeting of the Constitution Committee, reviewing and amending the Finance element of the Finance and Contract Procedure Rules.

3        That, in the interim and in no way fettering the Constitution Committee, the financial threshold at which the Rules require a formal tendering procedure be increased from £50,000 to £75,000.

To approve the recommendations of the Constitution Committee.

The Constitution Committee considered a report on the Terms of Reference for the six Overview and Scrutiny Committees.

Council, at its Annual Meeting on 18 May 2011, had increased the number of Overview and Scrutiny Committee from five to six, by dividing the functions of the former Health and Adult Social Care Overview and Scrutiny Committee and thereby creating two new Committees: Health and Wellbeing Overview and Scrutiny Committee and Adult Social Care Overview and Scrutiny Committee.

The two new Committees had considered the draft terms of reference  and the Scrutiny Chairmen’s Group had met with the Leader of the Council to review the terms of reference of all six Committees, in light of the changes made by the Leader in respect of the Portfolio responsibilities for each of the Cabinet Members. The Constitution Committee had recommended that Council approve the proposed terms of reference

RESOLVED 

1          That the proposed terms of reference for the six Overview and Scrutiny Committees, as set out in the Appendix to the report, and part 3 of the Council’s Constitution, be amended accordingly.

2          That the Constitution be amended, to incorporate into the General Responsibilities of all Scrutiny Committee, as contained in part 3, the responsibility for undertaking pre-decision scrutiny work, as expressed in paragraph 10.5 of the report.

To receive the Overview and Scrutiny Annual Report 2010/11.

Consideration was given to the Overview and Scrutiny Annual Report 2010/11.

The Leader of the Council and other Members paid tribute to Cllr Thwaite for his work as Chairman of the Scrutiny Chairmen’s Group, over the past few years.

RESOLVED

That the Overview and Scrutiny Annual Report 2010/11 be received and posted on the Council’s website.

In accordance with Council Procedure Rule 11, opportunity is provided for Members of the Council to ask the Chairman, 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.

The Following questions had been submitted in accordance with Procedure Rule 11:-

Question 1 – Cllr Jeuda

The phasing out by the Government of the Independent Living Fund, which allows disabled people with high support needs to live independently will affect people living in Cheshire East who are in receipt of the benefit.

Can the Cabinet member assure those affected by this change that they will not suffer further hardship by a reduction in their care and income from Cheshire East and that funding will be at the same level protected by inflation?

Response from Cllr Domleo

Independent Living Funds were awarded to individuals who meet specific ILF eligibility criteria. Funding awards were made on an individual basis depending upon the service users circumstances and particular needs.     Awards received by Cheshire East Council service users range from £30 per week to the maximum award of £475 per week.    Current awards are protected as long as the eligibility criteria continues to be met but are frozen, which means there are no increases for current claimants and no new awards for new eligible service users.   If a claimants circumstances change the ILF award can be reduced or withdrawn but will not be increased to meet additional need.

All Local Authorities await further news on the future of ILF and it is, therefore difficult to assess the impact as the future of the funding stream is currently under review.   Cheshire East Council has amended its charging policy to enable the collection of client contributions directly from ILF recipients should the ILF funding devolve to Local Authority control - however, this is certainly not confirmed as an outcome of the ILF review at this stage. Any shift is likely to be subject to tight controls and guidance from Government.

Cheshire East Council, Adult Services has supported 83 service users to access additional care and support through the Independent Living Fund amounting to a total annual funding figure of £1.5m.   This is made up of £1.3m direct funding to our service users from the ILF organisation and £200k in client contributions to their ILF monies as claimants are required to contribute.

Cheshire East Council has an Officer with responsibility for overseeing ILF reviews with the current priority to retain as much of this award as possible, given there is no growth.

The total estimated financial impact on costs for Cheshire East Council as a result of these changes to ILF funding is £1.3m per annum.

The Council  has a statutory duty to fund unmet substantial and critical care needs. Irrespective of the changes to ILF the Council's obligation to fund such care needs remains and will be fulfilled

Supplementary Question

What is the likely financial impact of such support in current and forthcoming years?

Response from Cllr Domleo

£1.3M.

Question 2 – Cllr Jeuda

In view of the changes proposed to the salaries of employees of Cheshire East detailed in the Harmonisation of Terms and Conditions document. For many this will mean a significant cut  ...  view the full minutes text for item 39.

The reports relating to the remaining items on the agenda have been withheld from public circulation and deposit pursuant to Section 100(B)(2) of the Local Government Act 1972 on the grounds that the matters may be determined with the press and public excluded.

The Committee may decide that the press and public be excluded from the meeting during consideration of the following items pursuant to Section 100(A)4 of the Local Government Act 1972 on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 4 of Part 1 of Schedule 12A to the Local Government Act 1972 and public interest would not be served in publishing the information.

RESOLVED

That the press and public be excluded from the meeting during consideration of the following item pursuant to Section 100(A)4 of the Local Government Act 1972 on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 4 of  Part 1 of Schedule 12A to the Local Government Act 1972 and the public interest would not be served in publishing the information.

Consideration was given to a report, which had been recommended on to Council by Cabinet and Staffing Committee, relating to the review and harmonisation of employee terms and conditions.

The Chairman of the Staffing Committee, Cllr Topping, in presenting the report, paid tribute to the officers and the Trade Union representatives for their hard work in respect of this matter.

RESOLVED

1.     That the report be noted.

2.     That  the Chief Executive, as Head of Paid Service, be given full delegated authority, on behalf of the Council to:

i.                    Jointly agree, in consultation with the Trade Unions, changes to terms and conditions of employment of all employees affected by the current review and as set out in paragraphs 10.6 and 10.7 of the report.

ii.                  Following a positive ballot of the Trade Union membership to arrange for their implementation as a new single set of terms and conditions for all employees affected by the review through collective agreement with the joint Trade Unions.

iii.                In the event that the ballot of the Trade Unions membership does not endorse the joint proposal as set out at recommendation i above, to determine, in consultation with the  Council’s Staffing Committee, the final terms and conditions of employment for all employees affected by the review, together with the appropriate options for implementation.

iv.                 Separately consider in consultation with the Council’s Staffing Committee appropriate options for the implementation of a two year Increment Freeze for all staff affected by the review.

Consideration was given to a report informing Council of appointments to the posts of Strategic Director (Children, Families and Adults) and noting the designation of the Director of Finance and Business Services as the Council’s Chief Finance Officer.

RESOLVED

That Council notes the appointments and the designation of the Director of Finance and Business Services as the Council’s Chief Finance Officer and Section 151 Officer.