Agenda and minutes

The Mayor, in summary

1          welcomed the newly appointed Executive Director of Children’s Services – DeborahWoodcock, and the Director of Policy and Change – Sarah Bullock, to the Council.

2          reported on her charity drinks party held at Dorfold Hall which had raised £23,500 for her charity: Hopes and Beams.

3          reported that she had attended a number of carol services and recommended going to see the pantomime Sleeping Beauty on at the Crewe Lyceum theatre.

4          acknowledged that Councillor Suzie Akers Smith was standing in the North Shropshire parliamentary by election and wished her well.

5          was conscious that the agenda had 17 items on due to the cancellation of the November full Council meeting and stated, that whilst it was important not to restrict debate, it was important to be mindful of the risks of lengthy contact between a large membership present and  asked that Members did not make unduly lengthily speeches.

Apologies were received from Councillors M Addison, L Braithwaite, P Butterill,  S Handley, A Harewood, G Hayes, M Hunter, L Jeuda, I Macfarlane, B Murphy, J Smith, L Smith and R Vernon

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

No declarations of interest were made.

To approve as a correct record the minutes of the meeting of Council held on 20 October 2021.

RESOLVED:

That the minutes of the meeting held on 20 October 2021 be approved as a correct record.

In accordance with the Council Procedure Rules, a total period of 30 minutes is allocated for members of the public to speak at Council meetings. Individual members of the public may speak for up to 2 minutes, but the Chair will have discretion to vary this requirement where they consider it appropriate. 

Members of the public wishing to speak are required to provide notice of this at least three clear working days’ in advance of the meeting and should include the question with that notice.

Mr Andrew Wood stated that since the last meeting he had spoken with the Director ofGrowth & Enterprise and following this discussion he felt that if the Government wanted the economy to grow, it should be putting money into the Economy and Growth department as this was where people went for help.  It could then employ more staff and help more people in the community.

Laura Turner asked why the Council had not, in her view, followed its objectives and had failed the town of Middlewich.  She asked that members of the Council meet with Middlewich residents to listen to what they had to say.  Councillor S Corcoran, Leader of the Council, responded by saying that ward councillors for Middlewich were working hard to support the residents and the Town and asked that she work with the ward councillors.  The Deputy Leader, Councillor C Browne, drew attention to the previous week’s meeting of the Highways and Transport Committee which had approved legal orders to enable the Middlewich Bypass to go ahead.  He offered to meet with ward councillors and Middlewich Town Council.

Congleton Town Councillor Robert Douglas urged all Councillors to support the Motion being proposed by Councillors Murphy and Buckley to authorise the Environment and Communities Committee to carry out a full investigation of the costs and feasibility of a replacement site for the residents of Congleton and surrounding areas.

Sue Helliwell asked if the Council could confirm what was the estimated number of premature deaths in Cheshire East due to poor air quality, specifically in Sandbach and Alsager, and asked if the Council could confirm that the air quality measurement had been abandoned on Middlewich Road, Sandbach.  Councillor M Warren, Chair of the Environment and Communities Committee responded that the Council had a responsibility to review and assess air quality in its area against the national air quality objectives and must produce an Air Quality Annual Status Report that reviewed trends in local air quality data over the previous year and progress on the delivery of its air quality action plans. The 2021 Annual Status Report had recently been published on the Council’s website.  The  Report did not include a requirement to estimate the number of premature deaths within the local authority attributable to air pollution. Public Health England had published this data in the past, with the last set of data published in 2019.   He confirmed that air quality monitoring continued to be undertaken at two locations on Middlewich Road in Sandbach and that the monthly data could be viewed on the Council’s website.

Macclesfield Town Councillor Fiona Wilson sought assistance in resolving issues following the removal of several roads in Macclesfield from the winter gritting routes and stated that the Council had agreed to pay for the gritting of these routes.  She suggested that the Council had refused to grant permission for this to happen.  Councillor C Browne, Chair of Highways and Transport Committee, undertook to provide a written response.

Nicholas Dinham had submitted a statement  ...  view the full minutes text for item 45.

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

The Leader, in summary:

1          wished everybody a Merry Christmas

2          stated that he regretted that the Government still refused to allow remote meetings for Councils and thanked all the Groups for their support to try to get the Government to allow remote meetings and said that he continued to lobby on this issue.

3          reported that the latest Covid-19 infection rate in Cheshire East was 447 per 100,000 and that it had been around this rate for some weeks.  Rates in teenagers had been at over 3000 per 100,000 but the infection rate was now spread across the age groups with only the over 70s being under 100.

4          reported that a case of the Omicron variant had been report in Cheshire East and that it was not yet know if this variant was more or less severe but he had seen evidence that it was more infections than the Delta variant.   He fully supported the wearing of a face covering in an indoor space to help stop the spread of infection.

5          reported that hospital admissions remained low and encouraged residents to get vaccinated, to get the booster and the flu vaccine as well.   In the last week 4 residents in Cheshire East had died within 28 days of a positive test.

6          reported that HM Inspectorate of Probation has rated the Cheshire Youth Justice Services as good overall with outstanding ratings in areas of document and governance and joint working and thanked all who worked in this service.

7          thanked all Council staff for keeping services going during the pandemic.

The Deputy Leader, in summary

1          referred to the A51 carriageway reconstruction project and reported that works would be completed on schedule and the road would re-open on Friday 17 December.

2          reported that work on the Poynton Relief Road was progressing well and had had the opportunity to walk along part of the route.  The project remained on target to be finished next Autumn.

3          reported that S106 agreements had been signed on land parcels in north west Crewe to allow the delivery of the scheme known as the North West Crewe Package, which aimed to aim to improve transport links in Crewe and help ease congestion and improve access to Leighton Hospital.

4          welcomed the publication of the Integrated Rail Plan along with the decision to progress with the northern link of HS2 but was disappointed with continued delays to the project.

5          following the focused OFSTED inspection in early November, reported that the Inspectors had identified the quality of the Council social work with vulnerable children and families as improved.

6          reported that the Council’s website had been relaunched making it easier and quicker to access services, with an improved site search facility and improved accessibility standards.  The feedback received had been positive and he thanked the Web Team for the work they had done in preparing for the launch of the new site.

To consider the recommendations from the Corporate Policy Committee.

Consideration was given to the report to Council and the recommendations from the Corporate Policy Committee, which met on 4 November 2021, in relation to the interim review of the Committee.

During debate an amendment was proposed to the Constitution Appendix relating to Public Speaking in the Procedure Rules (Chapter 3 – Part 1: Section 2, page 31) to amend paragraph 1 to read:

“ There will a period of up to 30 minutes for public questions at meetings of the full Council.”  

The amendment was moved and seconded. The mover and seconder of the recommendations from Corporate Policy Committee to Council agreed to accept the amendment and therefore the amendment became part of the substantive proposition.

RESOLVED:  That Council

1             note the current and comparative data and the commentary so far.

2             note the proposals for delivery of further constitutional reform through the Constitution Working Group, supported by the Brighter Future Transformation Programme.

3             agree the revisions to the Constitution as set out in Appendix 4 to the Report, the additional changes to the Constitution reported at the Corporate Policy Committee on 4 November 2021, and the amendment to the Public Speaking Appendix in the Procedural Rules.

4             Require a further review to be provide to the Council and annually thereafter.

To consider the recommendations from the Corporate Policy Committee.

Consideration was given to the recommendations of the Corporate Policy Committee, which met on 2 December 2021, in relation to the Council Tax Support Scheme 2022/23.

RESOLVED:

That the Council Tax Support Scheme for 2022/23 be amended as follows:

ØIncrease the cap on the maximum award from Band B to Band D (those living in a property banded higher than a D will receive the same amount those living in a Band D)

ØIncrease the maximum award for those passported to 100% from 75%.  Passported covers those in receipt of Jobseeker’s Allowance (Income-based), Employment and Support Allowance (Income-related) or Income Support.  Also increase the maximum for other groups in the lowest income bands to 80% from 75%, and revise the bands as follows and continue to increase the income levels by CPI each year:

1 Income bands, categories, and awards for 2022/23

Ø  Disregard Industrial Injuries Disablement benefit and Industrial Death benefit in full

Ø  Deduct from earnings for child-care costs from those working and in receipt of Universal Credit: maximum of £175 for one child or £300 for two or more children each week

Ø  Increase the fixed non-dependant deductions from £8 to £9 per week and increase each year in line with CPI (the same as the income bands)

Ø  Reduce the earnings disregard for single people and couples without children to £20 instead of £25 per week

Ø  Re-write the regulations in a clearer way and allow for more general disregards of new one-off grants. 

To consider the recommendation from the Corporate Policy Committee.

Consideration was given to the recommendations of Corporate Policy Committee on 2 December 2021 in relation to the domestic tax base 2022/23.

RESOLVED:

That, in accordance with the Local Authorities (Calculation of Taxbase) Regulations 1992, the amount to be calculated by Cheshire East Council as its Council taxbase for the year 2022/23 be 156,607.48 for the whole area.

The Finance Sub Committee, at its meeting on 1 December 2021, had considered a report on how the Council was managing resources during the 2021/22 financial year and had made recommendations to full Council to approve fully funded supplementary revenue estimates over £1,000,000 as detailed in Appendix 1 Section 3 Table 1 to the report; to approve fully funded supplementary revenue estimates for specific grants coded directly to services over £1,000,000 as detailed in Appendix 1 Section 3 Table 2 to the report, and to approve supplementary capital estimates over £1,000,000 as detailed in Appendix 1 Section 5 Table 6 to the report.

RESOLVED:  That, in accordance with the Financial Procedure Rules,

1             the supplementary revenue estimates over £1,000,000, as detailed in Appendix 1 Section 3 Table 1, be approved;

2             the fully funded supplementary revenue estimates for specific grants coded directly to services over £1,000,000, as detailed in Appendix 1 Section 3 Table 2, be approved; and

3             the supplementary capital estimates over £1,000,000, as detailed in Appendix 1 Section 5 Table 6, be approved.

To consider the recommendation from the Audit and Governance Committee.

The Audit and Governance Committee, at its meeting on 25 November 2021 had considered the proposals for the Procurement for External Audit Services and had made a recommendation to full Council to accept the invitation from Public Sector Audit Appointments to ‘opt in’ to the sector led option for the appointment of external auditors for five financial years commencing 1 April 2023.

RESOLVED:

That Council accepts the invitation from Public Sector Audit Appointments to ‘opt in’ to the sector led option for the appointment of external auditors for five financial years commencing 1 April 2023.

To receive the annual report of the Audit and Governance Committee.

The present Chair of the Audit and Governance Committee, Councillor Margaret Simon, introduced the Committee’s Annual Report for 2020/21 and then invited Councillor Rod Fletcher, Chairman of the Audit and Governance Committee in 2020/21 to present  the Annual Report to Council.

The report provided details of the work undertaken by the Committee and the assurances received during that year.

The Annual Report 2020/21 was received and noted

To approve acceptance of a grant from Building Digital UK.

Consideration was given to a report seeking approval of a supplementary capital estimate for £2m grant funding from Building Digital UK (BDUK) to accelerate and extend the roll out of superfast broadband across the whole of Cheshire and Warrington. 

Cheshire East Council was the Accountable Body for the Connecting Cheshire Partnership.   The grant funding was required to be used to extend an existing contract with Airband to increase this contracts capacity to connect households in both Cheshire East and Cheshire West and Chester boroughs.

RESOLVED:  That Council

1             accept the £2m grant funding from BDUK

2             note that BDUK had attached two conditions to this new funding:

·      an outline model of how the contractor (Airband) intends to use the indicative £2m grant allocation, is provided

·      that the Authority renew its commitment to the existing policy of ringfencing gainshare arising from previous Connecting Cheshire contracts for use on digital investment across Cheshire

3             note that the Finance Sub Committee in December 2021 has recommended approval of the £2m Supplementary Capital Estimate, presented as part of the 2021/22 Financial Year Review.

4             approve a Supplementary Capital Estimate for £2m.

5             delegate authority to the Director - Economy and Growth to agree the terms on which the grant is offered and enter into a grant agreement to incur expenditure and activity in line with the conditions associated with the accelerated funding grant.

To consider approving a Voluntary Ex-Ante Transparency Notice with a maximum contract value of £2.5 million to serve the Educational Psychologists service over the next five years.

Consideration was given to a report seeking approval of a Voluntary Ex-Ante Transparency Notice (VEAT) in relation to the recruitment of Educational Psychologists.

Due to the shortage of staff in the Education Psychologists Service, an innovative Recruitment and Retention strategy had been developed and included the supporting of trainee Education Psychologists through to qualification.  However, until the strategy was fully implanted, there was a need to provide a direct award to appropriate Locum Education Psychologists companies over a five-year period.   The Council could use a VEAT notice to directly award a contract without formal competition.  

RESOLVED:

That approval is given for a Voluntary Ex-Ante Transparency Notice with a maximum contract value of £2.5 million to serve the Educational Psychologists Service over the next five years (up to 31 August 2026).

To approve a Supplementary Revenue Estimate.

Consideration was given to a report relating to the Workforce Recruitment and Retention Fund.

The purpose of the Workforce and Retention Fund was to support local authorities to address capacity pressures within the adult social care workforce in their geographical area, through recruitment and retention activities during the winter months.

The Council had been awarded £982,203 from the Workforce Capacity Fund for Adult Social Care for Local Authorities and approval was sought for a grant funded supplementary revenue estimate.

RESOLVED:  That

1             a grant funded Supplementary Revenue Estimate be made, for the 2021/22 Financial Year, of £982,203 to be funded from the DHSC Workforce Capacity Fund for Adult Social Care for Local Authorities allocation for Cheshire East Council.

2          the Executive Director Adults, Health and Integration be authorised to spend the money in accordance with the conditions of the fund.

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

Consideration was given to the following Notices of Motion, which had been submitted in accordance with the Council’s Procedure Rules.

1                     Second Winter Gritting Consultation

Proposed by Councillor Janet Clowes and Seconded by Councillor
Tony Dean

We propose that:

1.        In line with Cheshire East Council’s Policy Decision of 2014, the results of the Second Winter Gritting Consultation, conducted in 2020 as a result of the call-in to the Environment and Regeneration Overview and Scrutiny Committee, is published on the Cheshire East Website, together with a full report that includes:

a)    Who was invited to take part in the Consultation.

b)     Who responded to the Consultation.

c)     What documentation was provided to those selected to respond to the consultation

d)     How the information, presented by respondents, was evaluated by Cheshire East Highways to inform the current Winter Gritting and Adverse Weather Strategy.

2       That as a result of the Consultation, Cheshire East Council publishes details of the well-maintained highways metrics used to determine which routes remained on the gritting schedules, but importantly, which routes did not remain on the gritting schedule as a result of this consultation and its findings.

https://www.cheshireeast.gov.uk/council_and_democracy/council_information/consultations/consultation-results/consultations_results.aspx

“As part of the Council's commitment totransparency, from August 2014 we will feedback the results of consultations and surveys undertaken by the Council, from a single location”.

References:

Cabinet 4 February 2020:

Well-Managed Highways Infrastructure

Environment and Regeneration Committee 16 March 2020:

Call in of Cabinet Decision - Well Managed Highways Infrastructure

RESOLVED:

That the Motion be referred to the appropriate Committee.

2                     Low Carbon Advertising

Proposed by Councillor Brian Puddicombe and Seconded by Councillor Quentin Abel

This Council notes

• It is possible for local authorities to implement advertising policies against specific products if they consider them to be harmful to the amenity of an area.

• The Council holds an Advertising Concession Agreement with Clear Channel UK (Adshel) to provide advertising on bus shelters.

• The Council promotes advertising opportunities on roundabouts across the Borough.

• That as a Local Planning Authority this Council is responsible for planning consent for advertising infrastructure.

This Council believes

• That the purpose of advertising is to stimulate demand for goods and services.

• That some advertising content undermines the Council’s objectives regarding public health, air pollution and sustainable consumption.

This Council resolves

• To review its Advertising Concession Agreement to investigate the current set of prohibitions to include products that undermine the Council’s objectives regarding public health, air pollution and sustainable consumption.

• To implement a Low Carbon Advertising Policy as part of the Council’s planning policies to apply to bus stops, billboards  and advertising spaces within the jurisdiction of the local planning area.

• To adopt a presumption against planning applications for all new digital advertising screens due to the high electricity use of these technologies.

RESOLVED:

That the Motion be referred to the appropriate Committee.

3          Integrated Rail Plan

Proposed by Councillor Rachel Bailey and Seconded by Councillor
M Sewart.

Government announced its Integrated Rail Plan on 18 November 2021, a plan  ...  view the full minutes text for item 56.

In accordance the Council Procedure Rules, opportunity is provided for Members of the Council to ask the Mayor or the Chair of a Committee any question about a matter which the Council, or the Committee has powers, duties or responsibilities.

At Council meeting, there will be a maximum question time period of 30 minutes. A period of two minutes will be allowed for each Councillor wishing to ask a question.  The Mayor will have the discretion to vary this requirement where they consider it appropriate.

Cllr S Carter asked if the road gritting cuts were still open to review at the request of Councillors, and if that review would be achieved using a clear criteria or matrix for their potential reinstatement.  He also asked if it could be confirmed that this was a far fairer system than the one inherited from the previous administration and further asked if the Chair of Highways and Transport Committee could write to all the Conservative MPs in the borough asking them for help to find further government funding for road safety.  Cllr C Browne, Chair of Highways and Transport Committee, in response stated that that any further review of the assessment of routes would be carried out in line with the assessment criteria that had already been published on the Council's website. As a result of the policy change, the Council had moved to a network hierarchy that prioritised areas of the network by importance, taking into account for example their expected use, economic and social factors including industry, schools and hospitals, access to communities and community facilities and this moved away from the traditional prioritisation of the network by road classification.  This was consistent with the well managed highway infrastructure code of practice which is endorsed by the Department for Transport and allowed the Council to be considered a band three authority in terms of the incentive funding that was receive annually from central government.  Cllr Browne confirmed he would be happy to write to the MPs and reported that he, along with the Leader and Chief Executive had quarterly meetings with the five MPs, so there were plenty of opportunities to raise this with them as Councillor Cater has requested.     

Cllr R Moreton stated that Congleton Hackney Carriage taxi drivers had only had one increase in the last 12 years, which he had been told was six years ago and was only 20 pence and was on their standard charge.  He asked if this could be reviewed as a matter of urgency and the relevant committee consult with the drivers to find out a reasonable way forward.  He also requested that officers of Cheshire East Council check licences because there were concerns that drivers from out of town were coming in and taking income from local drivers.   Cllr D Edwardes, Chair of the Licensing Committee, responded that he would be happy to meet with  the Congleton taxi drivers and would ensure that the matter would be discussed at Licencing Committee. 

Cllr J Saunders welcomed the proposed £4 million investment in cared for children in the budget consultation and stated there was a need to focus on preventing children coming into care in the first place.  Early Help helped target this area but over the next two years the Council was planning to cut the early help given to vulnerable families by £340,000 by making cuts to the number of frontline service workers - the very people who help those children and families who are facing  ...  view the full minutes text for item 57.

To note the urgent decisions taken by the Chief Executive on behalf of Council.

Council received a schedule of urgent decisions taken by the Chief Executive on behalf of Council, which were reported for information in accordance with the Council procedure rules.

RESOLVED:

That the schedule of urgent decisions be noted.