Agenda and minutes

To approve the minutes as a correct record.

That the minutes be approved as a correct record.

(Cllr Brickhill voted against the motion).

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

The Mayor  announced :-

1. That it was over two months since he had been appointed as Mayor. He had represented Cheshire East Council at over 80 events and met with many hundreds of people. He thanked them all for their time, hospitality and the contribution that they made to life across Cheshire East.
2. On the day after his appointment he had the privilege of participating in Her Majesty the Queen’s Diamond Jubilee visit to Cheshire when he attended an event at Chester Zoo. On 27^th May he had attended a service of thanksgiving at Chester Cathedral to commemorate the Diamond Jubilee, together with other Jubilee celebrations. The celebration of the Jubilee culminating with the lighting of a Beacon on Teggs Nose on the evening of the Bank Holiday on 4^th June.
3. Her Royal Highness the Countess of Wessex had visited Cheshire East on 19 June when she toured the David Lewis Centre and then graced the Cheshire Show with her presence. At the Show she visited the Cheshire East stand and met with both Members and staff.  On the previous day he had had the pleasure of meeting HRH the Duke of Gloucester when he visited the Borough to present Oliver Valtec in Knutsford with a Queen’s Award for Enterprise.
4. That it was always nice to meet children and young people and those that worked with them. Over the last couple of months he had had the pleasure of attending many events which had celebrated the contribution that the next generation make to society. These had included a summer fair to celebrate the 50^th anniversary of the Rainbow Pre School in Handforth, visits to Goostrey Community Primary School, Knutsford Academy andPownall Hall School’s summer fair and two mornings spent at South Cheshire College. He had also attended a wonderful event at the Liverpool Philharmonic Hall where the Cheshire Youth Orchestra was performing.
5. With the Olympic Games fast approaching he had attended a number of events which have celebrated this momentous occasion. The Olympic torch had visited Cheshire East in May and he had been delighted to host an event at Tatton Park. On the previous Sunday Tatton had hosted a function to say farewell to the Olympians who had been training across the North West and on the previous Tuesday he had attended an event wishing the best of luck to those who had been training in Cheshire East, at the BMW car franchise in Crewe.
6. The Borough had been playing a full part in the Cultural Olympiad with “The Moment When”, a dance performance held at Tatton Park on the previous Sunday. He was sure that Members would join with him in sending best wishes to all the teams and individuals who would be representing Great Britain at the forthcoming Olympic and Paralympic Games.
7. As Mayor he was always delighted to help celebrate the role that business and commerce played across the Borough. It had been particularly gratifying to attend the ground breaking ceremony in  ...  view the full minutes text for item 28.

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

Cllr Flude declared an interest in item 13 – Capital Programme Approvals, Schemes over £1m, by virtue of being the Chair of the Governors of Pebble Brook Primary School, which was one of the Schools named in the report.

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.

Mrs Charlotte Peters Rock used public speaking time to present a record of questions on behalf of Mrs Mabel Taylor, which had been asked at previous meetings of the Council. 

She also raised several problems, which she considered were currently occurring within the LCASC complaints system of Cheshire East Council and which she felt meant that there was inadequate redress for the general public.

She also raised concerns with regard to the previous Portfolio Holder Cllr Domleo’s joint responsibilities for Adult Services and Health and Wellbeing and particularly in relation to his new role Vice Chairman of the Health and Wellbeing Scrutiny Committee.

To consider the attached Notices of Motion, which have been received in accordance with Procedure Rule 12

Consideration was given to the following Notices of Motion :-

1 Proposed by Cllr G Baxendale and seconded by Cllr M Jones

Armed Forces Community Covenant

“The Council’s formal signing of the Community Covenant scheme which clearly demonstrates its commitment and support to the Armed Services is to be welcomed. However, this Motion seeks to ask the Cabinet to take responsibility for the development of a detailed Action Plan, based on the Scheme, which will outline, by Service area, the practical support that the Council can provide to those currently serving in the Armed Services, their families and those that have served in the past.”

 RESOLVED

That the motion stands referred to Cabinet for consideration.

2 Proposed by Cllr A Moran and Seconded by Cllr P Edwards

Right to Speak at Meetings

“That visiting Members to all Cabinet meetings, Committees and Sub Committees have the right to speak once on each separate item on the agenda before the debate proper commences. This will apply to all items on the agenda including part 2 items.”

RESOLVED

That the motion stands referred to the Constitution Committee for consideration.

3 Proposed by Cllr B Murphy and Seconded by Cllr M Parsons

Corporate Communications Function

“This Council calls for an immediate all-party inquiry into the Council’s corporate communications function with particular reference to:

• its purpose, relevance and value-for-money
• overall cost, budgetary provision/resource allocation and cost effectiveness
• political impartiality and support for members
• the corporate culture it seeks to foster
• its policies/protocols for media relations, publications, communication technology, corporate ID, corporate communications/marketing, and internal communications."

RESOLVED

That the motion stands referred to Cabinet for consideration.

4 Proposed by Cllr D Brickhill and Seconded by Cllr P Edwards

Consultants

“No outside consultants (other than clerical staff) shall be employed by the Council without their specific instruction.”

RESOLVED

That the motion stands referred to Cabinet for consideration.

5 Proposed by Cllr D Brickhill and Seconded by Cllr A Moran

Road Maintenance

“That all pre planned road maintenance (except pothole filling) is to be carried out on an equal expenditure basis per Ward in direct proportion to the electorate in that Ward, unless the relevant parish councils resolve that they are satisfied with the state of their roads. A monthly report to all Councillors is to be published by 15^th of each month by the Highways Department showing the work done in the previous month and the work to be done in the next month.”

That the motion stands referred to Cabinet for consideration.

6 Proposed by Cllr A Moran and seconded by Cllr D Brickhill

Notices of Motion

“That all Motions that are referred by Council to a Committee or Cabinet must be put on the agenda for the next meeting of that body or brought back to the next Council meeting for vote on afinal decision.”

That the motion stands referred to the Constitution Committee for consideration.

7 Proposed by Cllr D Brickhill and Seconded by Cllr S Hogben

Location of Strategic Planning Board  ...  view the full minutes text for item 31.

To consider the recommendation of Cabinet and to approve the Shadow Health and Wellbeing Board Terms of Reference.

Consideration was given to the recommendation of Cabinet to approve revised Shadow Health and Wellbeing Board Terms of Reference, together with a number of changes to the Terms of Reference, which had been agreed by Cabinet and were highlighted in blue and appended to the agenda.

RESOLVED

1. That the revised Shadow Health and Wellbeing Board Terms of Reference, including the changes agreed by Cabinet, be approved.

2. That Council supports the recommendation to further review the Board’s Terms of Reference in advance of the Board assuming its statutory functions, taking account of Board priorities expressed within the Joint Health and Wellbeing Strategy which will be finalised in the autumn following a period of consultation.

To consider the recommendation of the Standards Committee.

At its meeting on 18 June 2012, the Standards Committee had considered two reports setting out the detailed requirements of the Localism Act 2011 to have a Member Code of Conduct, together with a process for the investigation of complaints. A report updating Council following the meeting, which made a number of recommendations to adopt the revised documents to come into force with immediate effect was submitted. A separate report, at item 9 of the agenda, made recommendations as to the changes to be made to the terms of reference of the Audit and Governance Committee.

Council was also recommended to approve the appointment of four new Independent persons, as required by Section of the Localism Act 2011.

The minutes of the Standards Committee were appended to the agenda.

AMENDMENT

An amendment to delete the words “There is no right of appeal from the decision of the Standards Hearings Sub-committee” at paragraph 29 of the Complaints Procedure, set out at page 63 of the report and to replace with the words “That a right of Appeal shall be built into the process” was moved and seconded and declared carried.

RESOLVED

1.    That the new Code of Conduct for Elected Members of Cheshire East Council at Appendix 1 of the report be approved.

2.     That the procedure relating to investigation of complaints under the new Code of Conduct, at Appendix 2 of the report, together with the criteria to be used to evaluate complaints, at Appendix 3 of the report, be approved and that a right of Appeal be built into the process.

3.      .That the appointment of 4 new Independent Persons, as required by Section 28 of the Localism Act 2011, namely Mr Peter John Bryant, Mr Robert Fousert, Mrs Sheila Margaret Roberts and Mr Roger Pomlett for a period of three years expiring 31 December 2015 be approved.

4.      That all Members complete the new Register of Interest Forms within 28 days of the Council meeting.

5.      That the Leader of the Council write to all of the former Independent Members of the Standards Committee to thank them for their role on the Committee.

To consider the recommendation of the Constitution Committee.

The Standards Committee, at its meeting on 19 July 2012 had considered the proposed adoption of additional terms of reference for the Audit and Governance Committee to enable responsibility for ethical standards and conduct issues to be transferred from the Standards Committee, in line with the requirements of the Localism Act 2011. The proposed terms of reference were set out in the Appendix to the report to the Constitution Committee and included the establishment of three ad hoc panels and sub-committees to consider, at different stages, alleged breaches in the Member Code of Conduct. The membership of the bodies would be drawn from a pool of 15 Members, comprising the Members of the Audit and Governance Committee and five others.

The Constitution Committee had also recommended that Council agree that the Council Procedure Rules be amended to require a Member who declares a disclosable pecuniary interest in an item of business to withdraw from the meeting at the appropriate juncture.

Consideration was given to the recommendations from the Constitution Committee.

RESOLVED

1.      That the terms of reference set out in the Appendix to the report to the Constitution Committee be approved, the sub-committee and panels to operate under the procedures approved and adopted by Council.

2.      That the proposed pool of 15 Members be constituted on the basis of political proportionality and the political groups be invited to submit nominations to the five additional places as appropriate.  

3.      That the Council Procedure Rules be amended to require a Member who declares a disclosable pecuniary interest in an item of business to withdraw from the meeting at the appropriate juncture, the Borough Solicitor being authorised to make such changes to the Constitution as she considers appropriate to give effect to the wishes of Council.     

To consider the recommendation of the Constitution Committee.

The Constitution Committee, at its meeting on 5 July 2012, had considered the following motion, proposed by Councillor D Brickhill and seconded by Councillor P Edwards, which had been referred by Council to the Committee for consideration: -

“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 Constitution Committee recommended that Council approve a change to the Committee Procedure Rules to provide that a scheduled meeting of a decision-making body may be cancelled or changed by the Chairman following consultation with the whole membership of that body, provided that such cancellation or change takes place at least five clear working days before the scheduled date of the meeting, to enable sufficient public notice to be given.

AMENDMENT

An amendment to insert after the words “the whole membership of that body” the additional words “and with the agreement of a simple majority of the members of that body” was moved and seconded and declared carried.

RESOLVED

That a change to the Committee Procedure Rules be approved, to provide that a scheduled meeting of a decision-making body may be cancelled or changed by the Chairman following consultation with the whole membership of that body and with the agreement of a simple majority of the members of that body, provided that such cancellation or change takes place at least five clear working days before the scheduled date of the meeting to enable sufficient public notice to be given.

To consider the recommendation of the Licensing Committee.

The Licensing Committee, at its meeting on 16 January 2012, had considered a report regarding proposed draft byelaws relating to the regulation of acupuncture, tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis and recommended approval of the byelaws to Council.

Consideration was given to the recommendation of the Licensing Committee.

RESOLVED

1.      That the byelaws relating to the regulation of acupuncture, tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis attached as an appendix to the report to the Licensing Committee be approved and authorisation be provided for the affixing of the common seal of the Council to the byelaws.

2.      That the Borough Solicitor, or officer acting on her behalf, be authorised to carry out the relevant statutory procedures in relation to the making of the byelaws and to apply to the Secretary of State for confirmation of the byelaws.

To note the decision of the Strategic Planning Board.

Consideration was given to the report back from Strategic Planning Board on the Notice of Motion Relating to Community Levy Payments.

RESOLVED

That the decision be noted.

To approve virements and Supplementary Capital Estimates totalling £4.3m to the schemes as set out in the report.

Consideration was given to the report of the Strategic Director of Children, Families and Adults, which sought approval for the virement of Block Grant Funding contained within the approved 2012/13 Capital Programme to specific named schemes to address demographic basic need for pupil places.

RESOLVED

That virements and Supplementary Capital Estimates totalling £4.3m for the following schemes be approved :-

·        £1.7m to Wilmslow High School Learning Resource Centre

·        £1.0m to Pebble Brook Primary School Extension

• £1.6m to Wheelock Primary School Extension

           To approve additional service expenditure for 2012/2013, fully funded from unspent specific grant allocations from 2011/2012, as detailed in the Appendix to the report.

           Consideration was given to the report of the Director of Finance and Business Services, which provided details of additional unbudgeted specific grant received or due to be received by the Council in respect of which services were seeking approval to incur expenditure in 2012/2013.

          The Department for Transport (DfT) had announced that Cheshire East’s bid to the Local Sustainable Transport Fund (LSTF) had been successful. The value of the bid was £3.509 million (64% revenue and 36% capital) over the following three years, until March 2015.

Various service bids were also being made in respect of unused grant funding received in the 2011/2012 financial year, which was therefore effectively now held in general reserves.

           Some of the items required urgent approval so that intended expenditure could be incurred, but, for convenience, the report included all known bids for which Council approval was required.  

RESOLVED

1. That in respect of the Local Sustainable Transport Fund (LSTF):-

(a)  the Department of Transport’s offer of grant funding totalling £3.509m over three years be accepted;

(b)  a Supplementary Revenue Estimate (SRE) of £578k in 2012/2013 be approved;

(c)  a Supplementary Capital Estimate (SCE) totalling £1.273m across three financial years until March 2015 be approved.

2.      That additional service expenditure of £301,000k for 2012/2013, fully funded from unspent specific grant allocations from 2011/2012 as detailed in the Appendix to the report be approved.

To approve the updated Pay Policy Statement for 2012/13

Consideration was given to the report of the Head of Human Resources and Organisational Development, which sought Council approval, following recommendation from Staffing Committee, for the adoption of the updated Pay Policy Statement 2012/13. The Updated Pay Policy Statement was attached at Appendix 1 of the report and the changes had been highlighted within it.

As the Staffing Committee had met after the agenda papers had been published the minute of the meeting in respect of this matter was circulated to Members at the meeting.

The Staffing Committee had suggested that additionally the details of a Chief Executive’s termination payment and terms of the compromise agreement should be reported for noting to the next meeting of the Council and that the indicative figures be included in the report.  The relevant paragraph was amended to read as follows: -

“Termination payments in addition to a payment in relation to contractual notice pay (and including any outstanding holiday pay) for the Chief Executive and the terms of any associated compromise agreement will be subject to approval by the Staffing Committee and reported to the next meeting of full Council for noting and to include the indicative figures.”

After moving the recommendation of the Staffing Committee, the mover of the motion, Cllr Topping agreed to add “Chairman of the Staffing Committee” in paragraph 8, of the Pay Policy Statement, at page 145 of the agenda, relating to Compromise Agreements, to read :-

“The final decision and approval for any termination payment and approval for the terms of a compromise agreement in relation all employees up to Deputy Chief Officer level (as defined in this Pay Policy Statement) rests with the Chief Executive and, in cases of Chief Officers (Statutory, non Statutory and those earning over £100,000 per annum), this will be in discussion with the Leader and the Chairman of the Staffing Committee”.

RESOLVED 

That, subject to the additional wording in relation to the approval of the Chief Executive’s termination payments and the amended wording in paragraph 8 of the document, the updated Pay Policy Statement for 2012-13 be approved.

To receive the Overview and Scrutiny Annual Report 2011/12.

Consideration was given to the Overview and Scrutiny Annual Report 2011/12. The Mayor reported that it has been brought to his attention that Cllr Sherratt’s name had been omitted from the membership details for the Children and Families Scrutiny Committee, listed in the report. Subject to this addition, it was moved and seconded that the 2011/2012 report be received and posted on the Council’s website.

With reference to the section of the report relating to the April meeting of the Sustainable Communities Scrutiny Committee, where consideration had been given to the impact the introduction of the Community Infrastructure levy would have on Section 106 Agreements and how the negative impact of developments would be mitigated a correction was made to the wording to read “ The Committee recommended to Council that at least 80% of funds should be retained within local areas (in most cases), to ensure that local people gain from having new developments placed in their community”.

RESOLVED

That, subject to the above corrections, the Overview and Scrutiny Annual Report 2011/12 be received and posted on the Council’s website.

The following questions had been submitted :-

Question 1- Support for Dairy Farmers – Submitted by Cllr Wilkinson

Can the Leader confirm that this Council is doing all it can to support the dairy farmers in Cheshire East as they face the huge decreases in the farm gate prices for their milk?

Response

The Leader of the Council, Cllr Michael Jones responded that he agreed that the Council must support the industry. He had prepared a full response , but due to the lateness in the day, this would be circulated to all Members of the Council, after the meeting.

Supplementary Question

Cllr Wilkinson thanked the Leader for his response and asked that if the Leader was minded to write to the Minister for Agriculture, would he point out that farm estates were suffering and that this could have an impact on the greater rural economy.

Cllr Jones agreed to work with Cllr Wilkinson on the submission of a letter to the Minister.

Question 2- Development in Shavington – Submitted by Cllr D Marren

A recent letter to the Crewe Chronicle captured the concerns of many residents of Shavington, in suggesting that Cheshire East Council is actively encouraging growth in and around Shavington. If true, the Council can expect a strong reaction from the village and sympathetic Councillors.

Can the Portfolio Holder detail which sites identified as deliverable in the 2011 Strategic Housing Land Availability Assessment around Shavington have had applications for development submitted; which sites officers expect applications for in the short and midterm; the names of the developers and what support and/or encouragement is being given/has been given to these applicants by this Council?

Response

Cllr Rachel Bailey undertook to provide a written response to the question to all Members of then Council, after the meeting.

Question 3 - Press Releases – Submitted Cllr Corcoran

This Council has been reported as stating that it shouldn't break the law.

1) Could we also have a clear statement that this Council should always tell the truth?

2) In particular, please can someone explain to me why this Council issued a press release stating that 'The disparity (of not allowing bus passes on Dial-a-Ride in the south of the borough) arose following the collapse of East Cheshire Community Transport' when in fact the disparity arose before then and indeed the withdrawal of the use of bus passes on Dial-a-Ride was partly responsible for the collapse of East Cheshire Community Transport?

3) Could some one also explain to me why this inaccuracy was not corrected promptly when I pointed it out to the Press Office?"

Response:

Cllr M Jones    1)    Cllr Jones responded that the Council could not always tell the truth, for example where there were safeguarding issues and in the interest of the public it was not possible to disclose everything. The Council did not lie, but could not always tell the truth.

Cllr Menlove     2) From April 2 this year, there was a disparity between the north of the  ...  view the full minutes text for item 42.

The report relating to the remaining item on the agenda has 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 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 Paragraphs 1 and 2 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 the consideration of the following item pursuant to Section 100(A) 4 of the Local Government Act 1972 as amended on the grounds that they involved the disclosure of exempt information as defined in Paragraph 4 of Part 1 and 2 of Schedule 12A of the Local Government Act 1972 and public interest would not be served in publishing this information.

To consider the recommendation of the Staffing Committee.

As the Staffing Committee had met after the agenda papers had been published the minute of the meeting in respect of this matter was circulated to Members at the meeting.

Consideration was given to the recommendations from the Staffing Committee.

RESOLVED: That :-

(1)       the terms of the provisional agreement negotiated with the Chief Executive, as set out in paragraph 10.3 of the report, be approved.

(2)       the Borough Solicitor be authorised to enter into a compromise agreement with the Chief Executive.

(3)       the Borough Solicitor be designated Officer as:-

·        The Electoral Registration Officer for the registration of electors under Section 8 of the Representation of the People Act 1983,

·        the Returning Officer for the election of Councillors for the District and parishes within the District, under Section 35 of the 1983 Act; and

·        the Acting Returning officer at UK Parliamentary elections; the local returning Officer at European Parliamentary elections; and the Local returning Officer for the Police and Crime Commissioner Elections.