Agenda and minutes

The Mayor’s Chaplain said prayers, at the request of the Mayor.

RESOLVED

That the minutes of the meeting held on 12 December 2013 be approved as a correct record, subject to the addition of Cllr S Carter’s initial.

The Mayor :-

1.    Referred to the recent sad death of Mr Pete Warburton, who had been Crewe Alexandra Football Club’s official photographer for 60 years. (Cllr Rachel Bailey also added her sentiments).

2.    Announced that, since the last Council meeting in December she and the Deputy Mayor had attended over 40 events across the Borough. Details of the events had been circulated round the Chamber.

3.    Announced that she had been pleased to see Members at the Council’s Holocaust Memorial Day service in Sandbach on January 27, where representatives from a number of Town and Parish Councils and the wider community had been welcomed. She considered that it was right that the Borough remembered the Holocaust and those that had lost their lives in subsequent genocides and she commended the Leader of the Council for championing this initiative.

4.    Announced that over the last few weeks, Cheshire East had experienced some appalling weather. She paid tribute to those staff who had worked tirelessly to keep the Borough’s roads open and vulnerable residents safe. They had gone above and beyond the call of duty. She also paid tribute to the Police and Fire and Rescue Services, who had worked so hard to keep the Borough’s residents safe. She was aware that there was a Notice of Motion on this theme later on the agenda, which she was confident all Members would wish to support

5.    Welcomed Anita Bradley, the new Head of Legal Services and Monitoring Officer to her first meeting of Council.

6.    Announced that, as the meeting on the following day was a Special Council Meeting and followed on from today’s meeting, she would not be making any announcements, excepting any that were necessary to assist with the efficient dispatch of business.

7.    Referred to the recent sad death of Councillor Peter Nurse, who had selflessly served the community for very many years in a number of capacities and would be missed. (Members stood for a minutes silence as a mark of respect).

8.    Announced that she would be holding a charity lunch, on Sunday 27 April, at the Tytherington Club, Macclesfield and that invites would be sent out to all Members shortly.

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

There were no declarations of interest, but the Leader took the opportunity to inform the Mayor that he would need to leave the meeting later in the afternoon, in order to meet with a Government Minister.

Mr MC Boston attended the meeting and used public speaking time to ask a question concerning whether sauna suites would from part of the new Crewe Lifestyle Centre.

Cllr Janet Clowes, the Health and Adult Social Care Portfolio Holder,gave a brief response to this question stating that sauna suites were not proposed and the reasons for this and undertook to provide a more detailed written response to Mr Boston.

Consideration was given to the following Notices of Motion:-

Public Rights of Way

Proposed by Councillor Ken Edwards and seconded by Cllr Corcoran.

Cheshire East Council acknowledges that one of their most significant tourist assets is the magnificent scenery and the access to that scenery given by the extensive public rights of way network.

Therefore they call upon the administration to ensure that in any future arrangements for the governance and management of public rights of way that may be commissioned in the exercise of the Councils statutory responsibilities the following principles will be adhered to:

a)    There will be appropriate arrangements made to maintain and where necessary to improve and extend signage, and safe access

b)    There will be  consultative arrangements to enable members of the public to be aware of and involved in any proposed changes to Public Rights of Way

c)    There will be a continually updated Rights of Way Improvement Plan

d)    There will be an appropriate programme of inspection to ensure safety for users.

e)    There will a budget allocated to carry out the above responsibilities.

f)     Work on completing the Definitive Map of all designated rights of way will be completed.

RESOLVED

That the motion stand referred to Cabinet.

2          Spare Room Subsidy

Proposed by Councillor Ken Edwards and seconded by Cllr Raynes

In line with the aspiration to improve the quality of life of all in Cheshire East, this Council should be satisfied that there has been no harm done to the health and wellbeing of the residents who have been affected by the Spare Room Subsidy.

We therefore call upon this Council to carry out Health Impact, and Equality Impact Assessments on the effects of the implementation of the Spare Room Subsidy throughout the Borough.

In particular, the Council should assess the impact on those residents who have been detrimentally affected, becausethey have been in receipt of Housing Benefit Support since before 1996.

RESOLVED

That the motion stand referred to Cabinet.

3          Thank You to Highways and Emergency Teams

Proposed by Councillor David Topping and seconded by Cllr Rachel Bailey

That this Council formalises its sincere thanks to the highways and emergency teams for their supreme efforts in the most difficult of conditions during the recent storm to keep the highways network open and keeping residents as safe as possible.

RESOLVED

That the motion be accepted.

4          Preparation of Final Draft Core Strategy for Local Plan

Proposed by Councillor Lesley Smetham and seconded by Cllr Simon

Cheshire East Council recognises and appreciates the expertise, negotiation skills and hard work that all officers involved have put into the preparation of a fair, sustainable and robust Final Draft Core Strategy for our Local Plan.

The mover and seconder accepted an amendment to the motion to delete the words “of a fair, sustainable and robust Final Draft Core Strategy for”.

The motion to now read ;-

“Cheshire East Council recognises and appreciates the expertise, negotiation skills and hard work that all officers involved  ...  view the full minutes text for item 66.

Cabinet, at its meeting on 4 February 2014, had considered the 2014/15 Treasury Management Strategy Statement, incorporating the Minimum Revenue Provision Policy Statement, the Investment Strategy and Prudential and Treasury Indicators and had recommended it to Council for approval.

It was reported that strong financial management had strengthened the balance sheet, enabling the Council to continue its policy of utilising investment balances instead of taking out new external borrowing in order to finance capital expenditure.  This had meant that the loans portfolio had not increased from the inherited position of the former County Council. This, along with a number of key decisions taken since 2009, including debt restructuring, repayment of prior years’ debt using available reserves, rigorous daily investment decisions and the monitoring of available cash flows had enabled the Council’s cash resources to be used to optimum benefit. 

The Council remained committed to delivering appropriate levels of capital investment to support service improvement and local economic growth. It would continue to minimise the net cost of borrowing by ensuring that the capital programme could be funded without the need for additional external borrowing. 

RESOLVED

That the Treasury Management Strategy and the Minimum Revenue Provision Statement for 2014/15 be approved.

 Consideration was given to the Council’s Medium Term Financial Strategy 2014/2017 Report.

The report provided the two documents which made up the Medium Term Financial Strategy (MTFS) for the period 2014/2015 to 2016/2017. They were:

 Appendix A– The Leader’s Report 2014/2017, which set out the Council’s approach to achieving its ambitions of delivering positive community outcomes and supporting businesses over the medium term. The report provided context, highlighted achievements to date and gave details of the proposed changes to services.

 Appendix B – The Budget Report 2014/2017, which set out, in detail, the robust spending plans and income targets that would provide the resources for the achievement of the Council’s plans for the financial year starting 1st April 2014, as well as indicative estimates for 2015/2016 and 2016/2017. The report provided information on the balance of funding between central and local government as well as supporting information on requirements for capital expenditure and reserve levels.

It was reported that both documents were the result of the Business Planning Process led by the Council from July 2013 to February 2014. The MTFS Report had been considered by Cabinet on 4th February 2014 and was recommended to Council for approval. The report itself had been subject to minor alterations to reflect the release of the final local government finance settlement and confirmation of several specific grants. Both of these events had taken place after the Cabinet meeting.

The recommendations as set out at page 46 of the agenda papers and paragraph 2 of the report were proposed by the Leader of the Council, Cllr Michael Jones and seconded by Cllr Raynes.

An amendment was proposed to the 2014/2015 Budget package to remove a £40,000 saving relating to “PROW and countryside service review”, which was shown on the Environmental Protection and Enhancement financial summary table, at pages 78 and 164 of the agenda pack. This was accepted by the mover and seconder and it was approved that the resulting budget shortfall would be funded from general reserves in 2014/2015.

The Mayor reported that new Government regulations required the recording in the minutes of how each Member voted on any decision relating to the Budget or Council Tax. Accordingly, a recorded vote was carried out in respect of this item, with the following results:-

For

Councillors C Andrew, Rachel Bailey, Rhoda  Bailey, A Barratt, G Baxendale, D Bebbington, D Brown, L Brown,  J Clowes,  H Davenport, W S Davies, R Domleo, D Druce, J P Findlow, W Fitzgerald , L Gilbert, P Groves, J Hammond, M Hardy, P Hoyland, O Hunter,  M Jones,  A Kolker, W Livesley, J Macrae, D Marren, A Martin, P Mason, R Menlove, G Merry, B Moran,  P Raynes,  J Saunders,  B Silvester, M Simon,L Smetham,  A Thwaite, D Topping, G M Walton, M J  Weatherill,  P Whiteley, J  Wray

Against

D Brickhill, B Burkhill, P Butterill,  ...  view the full minutes text for item 68.

Consideration was given to a report relating to the setting of the Council tax for 2014/15.

The Council, as a billing authority, was responsible for the billing and collection of Council Tax due from local taxpayers and was requested set the overall Council Tax level. This meant that the authority also collected Council Tax income to cover not only its own services, but also precepts set by other authorities. The Council Tax levied was, therefore, made up of four elements:

Cheshire East Borough Council element

Parish Councils & Charter Trustees precepts

Police & Crime Commissioner for Cheshire precept

Cheshire Fire Authority precept

As referred to in the previous minute, new Government regulations required the recording in the minutes of how each Member voted on any decision relating to the Council Tax. Accordingly, a recorded vote was carried out in respect of this item, with the following results:-

For

Councillors C Andrew, Rachel Bailey, Rhoda  Bailey, A Barratt, G Baxendale, D Bebbington, D Brown, L Brown, P Butterill, S Carter S Cartlidge J Clowes,  S Corcoran H Davenport, W S Davies, R Domleo, D Druce, K Edwards, P Edwards, I Faseyi, J P Findlow, W Fitzgerald , R Fletcher, L Gilbert, M Grant, P Groves, J Hammond, M Hardy, A Harewood, S Hogben D Hough, P Hoyland, O Hunter, J Jackson,  M Jones, S Jones A Kolker, W Livesley, J Macrae, D Mahon,  D Marren, A Martin,  P Mason, R Menlove, G Merry, B Moran, D Neilson, D Newton, P Raynes,  J Saunders,  B Silvester, M Simon, L Smetham,  A Thwaite, D Topping, G M Walton, M J  Weatherill,  P Whiteley, J  Wray

Not voting

D Brickhill, B Burkhill,  D Flude,  A Moran, B Murphy, M Parson, L Roberts,

The motion was declared carried by 59 votes for, 0 against, with 7 not voting.

RESOLVED

That the Council Tax for Cheshire East Council for the financial year 2014/2015, be set at £1,216.34, in accordance with the formal resolutions as shown in section 18 of the report and as set out below.

1.    That it be noted that on 12th December 2013 the Council calculated the Council Tax base 2014/2015

(a)for the whole Council area as 137,548.53:-

(b) for dwellings in those parts of its area to which a Parish precept relates as in the attached Appendices.

2. Calculated that the Council Tax requirement for the Council’s own purposes for 2014/2015 (excluding Parish precepts) is £167,305,774.

3. That the following amounts be calculated for the year 2014/2015 in accordance with Sections 31 to 36 of the Local Government Finance Act 1992 (“the Act”):

a. £687,590,542 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(2) of the Act taking into account all precepts issued to it by Parish Councils.

b. £515,518,168 being the aggregate of the amounts which the Council estimates for  ...  view the full minutes text for item 69.

The Leader of the Council made the following speech to Council :-

Our Journey so Far

“Thank you Madam Mayor. Members of Council, 2014 promises to be another exciting year for Cheshire East Council and a year of continued transformation.

As we all know, since 2011, Cheshire East Council has faced the double pressure of rising demand for services, coupled with diminishing resources and funding. In order to tackle this unprecedented funding challenge, and to avoid a financial ‘cliff edge’, this Council has taken a long-term view in adopting a flexible model of service delivery.

Last February we began our journey of transition towards becoming a “commissioning council”. This new strategic commissioning approach will deliver the savings we need without over simplistic ‘salami slicing’ of services, it will also ensure services are shaped around residents, businesses and service users.

As part of this new way of working we are building strong coalitions with local and national public sector partners, business leaders, local third sector and voluntary organisations and directly with local residents.

By doing this and by involving them directly in the commissioning of services we will support our local communities to be more resilient and self sufficient, and so reducing demand on public services.

By setting this path, and by making the difficult decisions early on we have made a choice, we have chosen not to close leisure centres, not to stop services and not to force staff to take pay holidays. Instead, we have chosen a resident first approach ensuring that we move forward together in ‘one direction’.

Under this new structure, we have streamlined our Senior Management Team. Now that we have a permanent team, the Council can be confident that we have the right people in place to deliver on the plans that we have set out”.

The New Role of Elected Members

“This ambitious strategy and new senior management structure will require both strategic and operational level leadership from elected members, in order to meet the service-delivery and budgetary challenges set out. Officers face new and uncharted territory and will need leadership and guidance from elected members, to ensure that our scarce resources are used to add maximum social value for the residents and businesses of Cheshire East. 

To ensure elected members continue to lead these changes and to drive and influence commissioning decisions, it is vitally important for portfolio responsibilities to be aligned with the Council’s priorities and the new matrix management structure.

I announce today that from May this year, the Cabinet will be re- structured to meet the demands of a commissioning Council and that Portfolio Holders work to the new Matrix Model. I have arranged for details of the new Portfolio Holder details to be circulated around the chamber”.

Deputy Cabinet Members

“I will also bring forward re-modelled roles for our executive business, changing the current Cabinet Support arrangements and creating new, powerful, Deputy Cabinet Member roles which will be pivotal in delivering the aspirations of this Council.  So, as of  ...  view the full minutes text for item 70.

Cabinet, at its meeting on 4 February 2014, had considered the recommendations of the Staffing Committee regarding the draft Pay Policy Statement for 2014/15.

The draft Pay Policy Statement for 2014/15, which reflected the position as at 1^st April 2014, was attached at Appendix 1 to the Cabinet report. The Statement had been updated to reflect the changes following the senior management review. 

1.    The Staffing Committee had considered the draft Statement at its meeting on 16^th July and had recommended two minor amendments to the draft Pay Policy Report as set out below:-

·         Section 8: Publication and Access to Information - the Council should publish the data relating to employees with a salary of £50,000 and above.

·         Section 12: Re-Employment/Re-Engagement of Former Employee – delete “truly” so that it read “…not be re-employed or re-engaged in any capacity, except in exceptional circumstances …”

Cabinet had recommended the draft Pay Policy Statement to Council for approval, subject to Section 8 of the draft Pay Policy Statement being amended in accordance with the recommendation of the Staffing Committee, but that the wording of Section 12 remain unchanged.

The Performance Portfolio Holder, Cllr B Moran, proposed approval of the draft Pay Policy Statement for 2014/15, subject to an amendment to Section 8 of the document – Publication and Access to Information, to add the words “and above” after the figure of “£50,000”

to now read:-

“Senior employees whose salary is £50,000 and above, who meet the following criteria:- statutory officers and any person having responsibility for the management of the Council, to the extent that the person has power to direct or control the major activities of the Council”.

(Cllr Moran also informed Council that the officers present at the Council meeting were affected by the Pay Policy Statement).

RESOLVED

That the draft Pay Policy Statement for 2014/15 be approved, as amended and as outlined above.

The Constitution Committee, at its meeting on 23 January 2014, had considered the report of the Independent Remuneration Panel on its review of Members’ allowances and resolved that the report of the Independent Remuneration Panel be noted and referred to Council for consideration, together with a summary of the questions asked by Members and answers provided by the Chairman of the Panel at the meeting.

The Deputy Leader of the Council and Strategic Communities Portfolio Holder, Councillor David Brown made a speech to Council on behalf of the Leader of the Council, who had left the meeting in order to attend a meeting with a Government Minister. The speech explained the proposals which were being made to Council in respect of each of the recommendations, which were circulated around the Chamber. The proposals made are set out below. These proposals were formally proposed by Cllr Brown and seconded by Cllr Newton:-

(Using same paragraph numbering as IRP recommendations)

The Constitution Committee, at its meeting on 23 January, had recommended approval of the draft Calendar of Meetings for 2014-15 to Council.

Whilst the Constitution Committee would be undertaking further work to establish whether changes should be made to the scheduling of meetings and other matters relating to meeting arrangements, the proposed frequency of meetings had followed the practice previously adopted. Dates had been included for financial briefing/budget engagement events. August 2014 had been retained as a recess period, except for planning meetings.

Those consulted over the production of the Calendar had included the Corporate Leadership Board, Cabinet, Committee Chairmen, Group Leaders and Group Whips.

Cllr A Martin proposed approval of the Calendar of Meetings for 2014-15 and this was seconded by Cllr D Marren.

An amendment to delete the 23 April 2015 Council meeting from the Calendar was submitted and duly carried.

RESOLVED

That, subject to the above amendment, the Calendar of Public Meetings for Cheshire East Council 2014-2015 be approved.

The Constitution Committee, at its meeting on 23 January 2014, had considered a report reviewing the arrangements for determining the venue for meetings of the Strategic Planning Board, following consideration of the matter by the Constitution Member Working Group. The Committee resolved that Council be recommended to approve revised arrangements for determining the venue for meetings of the Strategic Planning Board, as recommended by the Constitution Member Working Group and set out in paragraph 4.9 of the report, and that the Constitution be amended to incorporate the arrangements into the Committee Procedure Rules and to allow any consequential amendments.

The recommendations of the Constitution Member Working Group, were as follows :-

“That the Capesthorne Room, Macclesfield Town Hall and the Council Chamber, Municipal Buildings, Crewe be reserved in advance for every scheduled meeting of the Strategic Planning Board, with the room that is not required for a particular meeting being released at the appropriate time, the choice of venue to be at the discretion of the Chairman of the Strategic Planning Board in consultation with the Vice-Chairman of the Board and officers, provided that in exercising such discretion, the Chairman will have regard to the following considerations:

§  the number of planning matters which are to be considered at the meeting in question and the proximity of the development sites to the two meeting venues;

§  the scale of the proposed development associated with the applications to be dealt with at the meeting in question; the complexity of issues associated with, or the controversial nature of, the proposed development, and the likely consequential public interest;

and that, once the Chairman has chosen a venue for the meeting, the Chairman’s fullreasons in support of that choice shall be summarised and communicated to all members of the Council via the notification email for the meeting.”

An amendment to delete the following paragraph was proposed and seconded and duly carried :-

“and that, once the Chairman has chosen a venue for the meeting, the Chairman’s fullreasons in support of that choice shall be summarised and communicated to all members of the Council via the notification email for the meeting.”

RESOLVED

That, subject to the above amendment, the recommendation from the Constitution Committee in respect of venues for Meetings of the Strategic Planning Board be approved.

The following Members asked Questions :-

Cllr Wray, in respect of whether the Council was achieving its affordable housing target of 30% across the Borough - Cllr Raynes, Finance Portfolio Holder responded.

Cllr Corcoran, in respect of age 16-18 training – Cllr Rachel Bailey, Children and Family Services and Rural Affairs Portfolio Holder, undertook to provide a written response.

Cllr Simon in respect of the route management review for the A534, Crewe and Nantwich – Cllr Topping, Environment Portfolio Holder, responded.

Cllr Baxendale, in respect of the Youth Service – Cllr Rachel Bailey, Children and Family Services and Rural Affairs Portfolio Holder,responded.

Cllr Hough in respect of funding for junction 16 of the M56 – Cllr David Brown, Strategic Communities Portfolio Holder, responded.