Agenda and minutes

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

Councillors R West and G Walton declared a personal interest in the agenda items relating to appointment of Mayor and Deputy Mayor 2011/12 by virtue of being the persons nominated.

To elect a Mayor for 2011/12, who will also act as Chairman of the Council.

Council was requested to elect a Mayor for the Borough of Cheshire East for 2011/12, who would also act as chairman of the Council for that period. 

It was proposed by Councillor W Fitzgerald, seconded by Councillor O Hunter, and

RESOLVED

That Councillor R West be elected Mayor of the Borough of Cheshire East for the year 2011/12 and Chairman of the Council for that period.

The Mayor completed his Declaration of Acceptance of Office and was then invested with the Chain of Office.  The Mayor thanked the Council for electing him to this office and informed Members that his wife, Joanna West, was to be his Mayoress; she was then invested with the Chain of Office. 

To appoint a Deputy Mayor for 2010/11, who will also act as Vice-Chairman of the Council.

Council was requested to appoint a Deputy Mayor of the Borough of Cheshire East, who would also act as Vice-Chairman of the Council for that period.

It was proposed by Councillor S Wilkinson, seconded by Councillor J Macrae, and

RESOLVED

That Councillor G Walton be appointed as Deputy Mayor of the Borough of Cheshire East for the year 2010/10 and Vice-Chairman of the Council for that period.

The Deputy Mayor thanked the Council for appointing him to this office and informed Members that his wife, Veronica Walton, would act as his Deputy Mayoress; she was then invested with the Chain of Office.

Councillor R Domleo paid tribute to the retiring Mayor and Mayoress, Councillor G Baxendale and Mrs Baxendale, for the dedicated work they had undertaken during their term of office, the large number of engagements they had attended and the money they had raised for charity. The Mayor presented badges to Councillor and Mrs Baxendale. Councillor Baxendale gave a speech of thanks.

1.      The Mayor announced that his Chaplain for the forthcoming Municipal Year would be the Rev Rob McLaren. He thanked Rev McLaren for attending the meeting and looked forward to his guidance during his term of office.

2.      The Mayor announced that his main charity for the forthcoming year would be Age UK (Cheshire East).

To report any further apologies for absence.

A number of Members who had not been present for the Mayor Making Ceremony were present for the reconvened meeting. The names are recorded earlier in the minutes.

To approve the minutes as a correct record.

RESOLVED

That the minutes be approved as a correct record, subject to the minutes being amended to show that Councillor Baxendale concluded the meeting on 21 April by thanking all retiring Members and all those who might not be re-elected for their work with the Council.

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

1.  The Mayor extended a very warm welcome to all of the new Members and requested that they stand, so that other Members could identify them and congratulate them in respect of their election to office.

2.   The Mayor informed Members of the way in which he intended to fulfil his responsibilities as Chairman of Council meetings.

He was intent upon ensuring that meetings were well run and also that they afford a fair opportunity for all Members of the Council and members of the public to participate. He was confident that the officers of the Council would facilitate this in their preparations for meetings, but he would require Members of the Council to play their part.

There were items of Council business which, from time to time, generated concerns and strong feelings amongst Members and there was nothing unusual about this. Constructive challenge was always healthy and indeed was an essential part of the work of the Council.

Nevertheless, he would be resolute in ensuring that, despite the importance of the business dealt with and the natural strength of feeling of Members on certain subjects, that proceedings retain the dignity that Cheshire East Borough Council meetings deserved.

Whilst he would be fair in his approach, he wanted the meeting to understand that he was not prepared to tolerate undignified conduct on the part of Members of any party.  He was determined to uphold the high standards of the Council.

Therefore, over the coming year he would be careful to ensure all of this and he would be prepared to use his powers as Chairman, and those contained in the Council’s Constitution, to deal with any instances where the behaviour of Members did not meet appropriate standards.

He sought the support of the Council collectively, and of Members individually, in achieving these aims. The Council’s Constitution required Members to treat others with respect and not to conduct themselves in a manner which could bring their office into disrepute. He intended to ensure that these requirements were upheld and would use the powers contained in the Constitution to achieve this.

3.   The Mayor referred to the Celebrations in respect of the 750^th anniversary of the grant of the Macclesfield Charter. This year would see some wonderful events, which marked an important part of the history of Macclesfield and its commercial development. The celebrations would speak for themselves, but he hoped that all taking part would enjoy them

4.   The Mayor hoped that Members would understand that since this was his first formal business meeting, he would not be able to report to them upon previous civic activities as Mayor. However, they could be assured that he would give a good account of his engagements in the future.

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 must provide 3 clear working days notice, in writing, if they wish to ask a question at the meeting.  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 B Evans used public speaking time to suggest that, whilst he appreciated that the new Mayor had not yet carried out any engagements, the agenda for Annual Council meetings should include an item relating to the previous Mayor’s engagements.

Cllr P Edwards presented a petition to the Mayor, on behalf of its signatories, relating to School Transport proposals.

To receive the following report from the Chief Executive on the persons elected Councillor on 5^th May 2011 and confirming that they have made the necessary Declaration of Acceptance of Office.

Details of the results of the Borough Council’s elections which had taken place on 5 May 2011 were reported to Council.

RESOLVED

That the results of the Borough Council’s elections on 5 May 2011 be noted.

To elect a Leader of the Council.

Consideration was given to the election of Leader of the Council for the statutory four year term of office.

Two nominations were received as follows:-

Cllr W Fitzgerald
(proposed by Cllr R Menlove and seconeded by Cllr G Morris)

Cllr D Brickhill
(proposed by Cllr B Murphy and seconeded by Cllr A Moran)

A secret ballot was conducted.  Before the secret ballot was taken, the Borough Solicitor explained the process, whereby each Member would be issued with a ballot paper, on which they should write clearly the name of the person he/she was voting for. The ballot papers were then issued to Members. The ballot papers were then collected, verified and counted.

The result of the secret ballot was as follows:-

Cllr Fitzgerald - 45 Votes 

Cllr Brickhill –  20 Votes

Unmarked – 4

Uncertain - 2

RESOLVED

That Cllr W Fitzgerald be appointed as Leader of the Council for a four year period.

Cllr Fitzgerald thanked the Council for electing him to this office.

In accordance with Cabinet Procedure Rules, for the Leader to present to Council information about executive functions in the forthcoming year, including the names, addresses and electoral divisions of those Members appointed to the Cabinet.

Details of the Leader’s appointments to the Cabinet and the functions delegated to the Cabinet will be circulated at the meeting.

The Leader of the Council, Councillor Fitzgerald, presented to Council information about executive functions in the forthcoming year, including the names, addresses and electoral divisions of those Members appointed to the Cabinet, as attached.

RESOLVED:

That the information on executive functions in the forthcoming year be noted.

To determine the political group representation on the Council’s Committees.

Appendices 1 and 2, political proportionalities and proportional distribution of seats – To follow.

Consideration was given to a report inviting the Council to determine political representation on the Council's Committees.

Documentation demonstrating how the Council should determine the proportionality of Committees (Appendix 1) and showing the proportional distribution of seats (Appendix 2) together with an additional report, which addressed proposed changes to the Scrutiny Committees, were circulated at the meeting.

It was proposed by Councillor Fitzgerald and seconded by Councillor Domleo:-

1.      That the new Scrutiny Committees be appointed with the powers as circulated, with appropriate changes to the Constitution.

2. That the proposals contained in paragraphs 2.1 and 2.2 of the reports be agreed.

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

A request for a named vote was submitted and duly supported. The motion was put to Council with the following results:-

For

Councillors :-

C Andrew, Rhoda  Bailey, A Barratt, G Baxendale, D Bebbington, D Brown, L Brown, J Clowes, H Davenport, S Davies, R Domleo, P Findlow, W Fitzgerald, R Fletcher, H Gaddum, S Gardiner, P Groves, J Hammond, M Hardy, P Hayes, D Hough,
P Hoyland, O Hunter, M Jones, S Jones, F Keegan, A Kolker, W Livesley, J Macrae, D Marren, A Martin, P Mason, R Menlove, B Moran, G Morris, D Neilson, P Raynes,  B Silvester, M Simon, L Smetham, D Stockton, A Thwaite, G Walton, J  Weatherill,
R West, P Whiteley, S Wilkinson and J  Wray

Against

Councillors:-

G Boston, D Brickhill, B Burkhill, P Butterill, R Cartlidge, S Corcoran, P Edwards,
I Feseyi, M Grant, A Harewood, J Jackson, L Jeuda, D Mahon, P Martin, S Mcgrory, A Moran, B Murphy, D Newton, P Nurse, M Parsons, L Roberts, M Sherratt and
C Thorley

 The motion was carried with 48 in favour and 23 against.

RESOLVED

1          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.

2          That a new Health and Wellbeing Overview and Scrutiny Committee and a new Adult Social Care Overview and Scrutiny Committee be appointed.

3          The consideration of the final terms of reference of the new Committees be referred to the new Committees and the terms of reference for all Overview and Scrutiny Committees be considered by the Scrutiny Chairman and the Constitution Committee in the June/July cycle of meetings

4          The Borough Solicitor submit a further report with recommendations to July Council when the political balance and Member appointments will need to be reviewed following the Crewe South election.

5          The number of seats on the Overview and Scrutiny Committees be reduced from 14 to 12.

To receive the political groups’ nominations of Members to the Council’s Committees, in accordance with the group representations at item 17 above.

Appendix detailing the appointment of Committee memberships and Chairmen and Vice-Chairmen – To follow.

Details of the political groups’ nominations of Members to Committees were circulated at the meeting.

It was also proposed that the existing powers of the Appeals Committee be transferred to the Audit and Governance Committee and that appropriate constitutional changes be made.

In moving the recommendations, as circulated, Cllr Fitzgerald moved that Cllr P Raynes be appointed to the Peak District National Park. 

Cllr P Edwards, the Independent Group Leader informed Council of a change to the Independent Group nominations, to substitute Cllr P Butterill for Cllr D Brickhill on the Environment Scrutiny Committee.

Cllr Thorley, informed Council of a change to the Labour Group nominations, to substitute Cllr C Thorley for Cllr K Edwards on the Staffing Committee.

It was proposed by Councillor Fitzgerald, seconded by Councillor Domleo and

RESOLVED

1          That, subject to the above changes, and to these resolutions, the existing Committees, listed on the circulated Appendix 2 be approved with their existing powers, and that the Council agrees the memberships as shown.

2          That the existing powers of the Appeals Committee are transferred to the Audit and Governance Committee and the Borough Solicitor be authorised to make appropriate constitutional changes, as she deems appropriate.

To determine the Chairmen and Vice-chairmen of the Council’s Committees

Consideration was given to the appointment of Chairmen and Vice-chairmen of the Council’s decision making and other bodies.

The Political Group Leaders’ nominations of Chairmen and Vice-chairmen of the Council’s decision-making and other bodies was circulated at the meeting.

It was proposed by Councillor Fitzgerald, seconded by Councillor Domleo and

RESOLVED

That the Chairmen and Vice-chairmen of the Council’s decision-making and  other bodies, as listed in respect the previous agenda item, as circulated at the meeting (and as attached) be appointed.

To approve a number of appointments to Statutory Panels and Forums which do not fall within the definition of “a Committee”.

Consideration was given to appointments to the Adoption Panel, Fostering Panel and Cheshire Admissions Forum.

It was proposed by Cllr Gaddum and seconded by Cllr Kolker and:-

RESOLVED

1. That Cllr G Morris be appointed to the Adoption Panel, to take effect as soon as requisite training has been undertaken and until then, Cllr A Kolker remain as the representative.

2. That Cllrs J Clowes and P Nurse be appointed to the Cheshire Admissions Forum.

3. That Cllr P Hoyland be appointed to the Fostering Panel and that  Officer explore, in conjunction with the Constitution Committee, if necessary, arrangements to be made for a second Member to be nominated to the Fostering Panel.

To make Appointments to Cheshire Fire Authority and Cheshire Police Authority.

Consideration was given to appointments to Cheshire Fire Authority and Cheshire Police Authority.

It was proposed by Councillor Fitzgerald, seconded by Councillor Domleo and

RESOLVED

1          That Cllrs M Simon, J Weatherill, W Livesley, D Topping, G Merry,
C Thorley, R Fletcher and D Brickhill be nominated to serve on the Cheshire Fire Authority.

2          That Cllrs JP Findlow, H Murray, and P Nurse be nominated to serve on the Joint Committee of the Police Authority, with powers to select Police Authority members, on behalf of the Council.

In accordance with Procedure Rules 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:-

Questions submitted by Cllr D Brickhill

Question 1

How are the residents of Crewe South ward receiving proper ward councilor care in the interim period between the end of the previous Councillors’ term of  office and the appointment of new Councillors at the by election on June

16th?

Cllr Fitzgerald, in response, stated :-

Thank you for notice of your question Cllr Brickhill. Of course, we were all shocked and saddened by the sad news of the death of Councillor Betty Howell, who we will miss and indeed, this does create an issue in respect of representation of the constituents of Crewe South Ward.  As a matter of law, the election for Crewe South on 5^th May had to be countermanded and a new date of 16^th June has been identified for the election to take place.  Until that time, it is an unfortunate consequence of the circumstances we are in, that the constituents of that Ward will have no elected Borough Councillor to represent them and they will need to rely on the Cheshire East organisation to do so. Of course, all elected Members have a responsibility to assist constituents, irrespective of the ward they represent. In the brief period until the Crewe South election, Councillors representing neighbouring wards would be expected to assist Crewe South constituents.

Question 2

My second question to May 18 Council relates to my supplementary

question 2  at the last council meeting.

Members will see from their minutes of the last meeting that the leader avoided answering my actual supplementary question 2 and instead replied with totally unrelated information. (see page 10)   I therefore have to ask again: Weston Road, Crewe was not taken to Council because there was no adequate financial plan to justify this. Is that correct?”

 Cllr Fitzgerald, in response stated :-

I refer Cllr Brickhill to my previous response on this matter and feel that it has been addressed satisfactorily.

Supplementary Question

CllrBrickhill asked why he had not been provided with the plan, as requested, and Cllr Fitzgerald undertook to request that officers provide a justification for the purchase of the site.

Question 3

What additional and unbudgeted revenue cost has been added to this council’s costs by the purchase of the Royal Mail sorting office site on Weston Road Crewe. Taking into account business rates, interest on the capital cost, security, clearance work I estimate that cost as over half a million pounds per year. What is the correct figure?  Has any income been forthcoming from the site since its purchase in January three months ago?  What steps if any are being taken urgently to mitigate the loss occasioned by the purchase of this site.

These costs will have to be funded by virement from other spending. Where is that money being taken from?

What services will have to be reduced by this virement?”

Cllr Fitzgerald, in  ...  view the full minutes text for item 20.

To consider and agree the starting time of Council meetings for 2011/12, as recommended by the Constitution Committee.

Consideration was given to the starting time of Council meetings for 2011/12, as recommended by the Constitution Committee.

It was proposed by Councillor Fitzgerald, seconded by Councillor Domleo and

RESOLVED

That Council meetings, in the future, follow the existing pattern, with meetings to commence at 2pm during the winter months and at 6pm during the summer months.

To reaffirm the Council’s Constitution.

Council was requested to reaffirm the provisions of the Council’s Constitution.

It was proposed by Councillor Fitzgerald, seconded by Councillor Domleo and

RESOLVED

That the provisions of the Council’s Constitution be reaffirmed.