Agenda and minutes

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

To elect a Mayor for 2012/13, who will also act as Chairman of the Council

Council was requested to elect a Mayor for the Borough of Cheshire East for 2012/13, who would also act as Chairman of the Council for that period. 

It was proposed by Councillor Macrae , seconded by Councillor Wilkinson, and :-

RESOLVED

That Councillor G Walton be elected Mayor of the Borough of Cheshire East for the year 2012/13 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, Veronica Walton, was to be his Mayoress; she was then invested with the Chain of Office. 

To appoint a Deputy Mayor for 2012/13 who will also act as Vice-Chairman of the Council

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

Councillor Fitzgerald paid tribute to the retiring Mayor and Mayoress, Councillor  West and Mrs West, for the dedicated work they had undertaken during their term of office and for the money they had raised for charity.

The Mayor presented Councillor West with his Past Mayor’s medal. The Mayor’s daughter, Carrie West, accepted the Past Mayoress’s Medal on behalf of Mrs West, who was unable to attend the meeting.

Councillor West gave a speech of thanks.

At this point the meeting stood adjourned and was reconvened at 2.30pm, to consider the remaining items of business on the agenda.

The Mayor asked whether there were any declarations of interest relating to the remaining items of business on the agenda.

There were no further declarations of interest.

It was noted that Councillors McGrory, Druce and Rachel Bailey had submitted apologies for absence for the morning session of the meeting, but were in attendance for the afternoon session and that Councillor Domleo had left the meeting.

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.

The Mayor :-

1.         Informed Members, that as this was the first business meeting of the new Municipal Year, he would like to share with them a little about the way in which he intended to fulfil his responsibilities as Chairman of  Council meetings. He was intent upon ensuring that the meetings were well run and also that they afforded a fair opportunity for 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 also play their part.

2.            Informed Members 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.

3.            Reported that Councillor Brian Silvester had asked him to pass on the good wishes of Cheshire East Council to Crewe Alexandra Football Club in the Division Two play-off semi final, with the hope that they would win through to Wembley, were successful in the final and would achieve a much deserved promotion to Division One. He was, of course, happy to do this and he had already sent a letter to the Club, which included his own good wishes.

4.            Requested that Members note that his Civic Service would be held on Sunday 15 July, in Knutsford and his Charity Ball would take place on Friday 14 September, at Tatton Park.

To elect a Leader of the Council for a four year term of 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 Michael Jones, 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 respect of the forthcoming year be noted.

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

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

Documentation showing the proportional distribution of seats on Committees, amongst the political groups (Appendix 1 of the report) was also submitted.

RESOLVED

That the political group representation, as set out in Appendix 1 of the report and the methods, calculations and conventions used in determining this, as outlined in the report, be adopted.

To receive the political groups’ nominations of Members to the Council’s Committees, in accordance with the group representations at item 15 above.

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

RESOLVED

           That, the existing Committees, listed on the circulated Appendix, be appointed with 

            their existing powers, together with the memberships as shown, subject to the

            following changes to the nominations from the Independent Group :-

          Children and Families Scrutiny Committee – Delete Cllr Mahon and add Cllr Butterill.

          Environment and Prosperity Committee – Delete Cllr Butterill and add Cllr Brickhill.

          Audit and Governance Committee – Delete Cllr Moran and add Cllr Roberts.

          Northern Planning Committee – Delete Cllr Roberts and add Cllr Mahon.

           (An appendix, which includes all the approved appointments is attached to these

             minutes).

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 M Jones, seconded by Councillor Brown and:-

RESOLVED

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

To make Appointments to the Cheshire Fire Authority, the Cheshire Police Authority and the Cheshire Police and Crime Panel.

Consideration was given to appointments to the Cheshire Fire Authority, the Cheshire Police Authority and the Cheshire Police and Crime Panel.

It was proposed by Councillor M Jones, seconded by Councillor Brown and :-

RESOLVED

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

2.      That Councillors P Findlow, H Murray, and P Nurse be nominated to serve on the Cheshire Police Authority.

3.  That Councillors P Findlow, H Murray, W Fitzgerald and P Nurse be

      nominated to serve on the Cheshire Police and Crime Panel.

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

It was proposed by Cllr M Jones and seconded by Cllr Brown and:-

RESOLVED

1.      That Councillor G Wait  be appointed to the Adoption Panel.

2.      That Councillors R West and P Nurse be appointed to the Cheshire Admissions Forum.

3.      That Councillor P Hoyland be appointed to the Fostering Panel.

(The Leader of the Council agreed to give further consideration to the appointment of an additional representative from the Labour group on the Adoption Panel).

The recommendations of the Constitution Committee relating to proposed new Council Governance Arrangements were proposed by Cllr A Martin and seconded by Cllr Marren.

RESOLVED

That :-

1.      with effect from the end of a shadow period of operation, which shall end no earlier than September 2012, the existing Overview and Scrutiny Committees will be dissolved and be replaced with two Overview and Scrutiny Committees with the names and provisional terms of reference set out in Appendix 1 of the submitted report;

2.     with immediate effect Council establishes, initially in shadow form, up to nine Policy  Groups, aligned with the Cabinet, with the provisional terms of reference set out in Appendix 2 of the submitted report;

3.     the Leader will determine the size and cross party composition of the Policy Groups and invite the Political Groups to notify the Borough Solicitor of their nominations;

4.     the consideration of the terms of reference of the two new Overview and Scrutiny Committees be referred to the Overview and Scrutiny Chairmen in the June/July cycle of meetings and the terms of reference thereafter be finalised by Council, following consideration by the Constitution Committee;

5.     the consideration of the terms of reference of the new Policy Groups be referred to the shadow Policy Groups in the June/July cycle of meetings and thereafter be finalised by Council, following consideration by the Constitution Committee; and

6.     the Borough Solicitor submit a further report to Council which will enable Council to formalise all remaining arrangements following the shadow period.

To consider the recommendation of the Standards Committee.

The recommendations of the Standards Committee relating to the Standards Regime under the Localism Act were proposed by Cllr Hammond and seconded by Cllr Groves.

RESOLVED

That :-

1              the Council’s existing model code of conduct for elected members and the procedure for the investigation of complaints under the code remain in force on an interim basis until the next meeting of the Council in July 2012, when further recommendations will be brought forward for the adoption of a new code of conduct;

2       the Audit and Governance Committee establish, on an ad-hoc basis, a Sub-committee with delegated powers to deal with standards issues, with effect from the next meeting of the Council in July 2012;

3       the draft terms of reference at Appendix (i) of the report submitted be adopted in respect of the Audit and Governance Sub-committee;

4       the Monitoring Officer be given delegated authority to undertake a recruitment process for up to three Independent Persons as required under Section 28(7) of the Localism Act 2011 once details of the transitional provisions have been received;

5       if necessary, in order to comply with statutory timescales, the Council’s Urgency Sub-committee shall approve the provisional appointment of the Independent Persons subject to formal ratification by the Council at its July meeting; and

6   Members note that work is ongoing to draft a new standards code of conduct with a view to it being adopted across the Cheshire authorities which will include Town and Parish Councils and the Fire Authority.          

To reaffirm the Council’s Constitution.

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

It was proposed by Councillor A Martin, seconded by Councillor Marren and :-

RESOLVED

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

The recommendations of the Constitution Committee regarding delegated powers relating to development management were proposed by Cllr A Martin and seconded by Cllr Marren.

RESOLVED

That approval be given to the function of dealing with applications for Certificates of Appropriate Alternative Development under Section 17 of the Land Compensation Act 1961 being added to the functions delegated to the Strategic Planning Board and the Board’s Terms of Reference within the Constitution be amended accordingly.

The recommendations of the Constitution Committee relating to the Crewe Community Governance Review were proposed by Cllr A Martin and seconded by Cllr Marren.

At its meeting on 22 March 2012, the Committee had recommended to Council that:

§         a Crewe Parish Council should be created;

§         there should be 16 members representing 6 wards mirroring the Borough Wards;

§         the electors from the unparished part of Leighton Borough Ward should be asked whether they would prefer to be included in the proposed parish of Crewe or the existing parish of Leighton; and

§         elections should take place as soon as practicably possible.

Council, at its meeting on 19 April 2012, had deferred consideration of the recommendations of the Constitution Committee on the draft recommendation for the Crewe Community Governance Review in order that advice received from Counsel on some aspects of the Review could be taken into consideration. The matter was considered further by the Community Governance Review Sub-Committee on 27 April 2012, in the light of advice received from Counsel.

Having considered the advice of Counsel, the Sub-Committee had confirmed its support for the original recommendations of the Constitution Committee to Council but asked that further consideration be given to budgetary and precepting arrangements and to the transitional arrangements for the period leading up to parish elections.

Since the Sub-Committee’s meeting, further advice had been sought and received from Counsel, which was summarised in the minutes of the Constitution Committee.

RESOLVED

That :-

1.       the reaffirmed recommendations of the Constitution Committee, previously made to Council on 19 April 2012 be approved, namely:

a.   that the interests of effective and convenient local government and community identities in the area would be served by the creation of a new parish with a Parish Council for the unparished area of Crewe and that Parish Council be advised to consider its designation as a Town Council;

2. that the Parish should be divided into 6 wards for the purposes of election to the Parish Council, such wards to be coterminous with the existing Borough wards except that, subject to recommendation c. below, the unparished part of Leighton (Polling District 1FJ4) be incorporated into the St Barnabas parish ward, and that each ward should have the number of Parish Councillors as follows:

c.       that the electors of the unparished part of the Borough ward of Leighton be asked whether they would prefer to be included within the proposed parish of Crewe or within the existing parish of Leighton;

d.      that elections to the Crewe Parish Council should be held as soon as is practicably possible and should thereafter be synchronised with the ordinary date of Parish Council elections; and

e.      that these proposals form the basis of a second stage of public consultation and that the Boundary Commission be informed of the proposals.

2.      the proposed arrangements for the Stage 2 consultation process, as  ...  view the full minutes text for item 25.