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Contact: Julie North Senior Democratic Services Officer
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Prayers Minutes: The Mayor’s Chaplain said prayers at the request of the Mayor.
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Declarations of Interest To provide an opportunity for Members and Officers to declare any disclosable pecuniary and non-pecuniary interests in any item on the agenda. Minutes: Councillors W Fitzgerald and H Gaddum declared a non- pecuniary interest in the agenda items relating to appointment of Mayor and Deputy Mayor 2014/15, by virtue of being the persons nominated. |
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Election of Mayor 2014/15 To elect a Mayor for 2014/15, who will also act as Chairman of the Council. Minutes: Council was requested to elect a Mayor for the Borough of Cheshire East for 2014/15, who would also act as Chairman of the Council for that period.
It was proposed by Councillor M Jones, seconded by Councillor D Newton, and :-
RESOLVED
That Councillor Wesley Fitzgerald be elected Mayor of the Borough of Cheshire East for the year 2014/15 and Chairman of the Council for that period.
The Mayor was invested with his chain of office and then completed his Declaration of Acceptance of Office and took the oath of loyalty.
The Mayor thanked the Council for electing him to this office and informed Members that his wife Joan, was to be his Mayoress and she was invested with the badge of office. |
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Appointment of Deputy Mayor 2014/15 To appoint a Deputy Mayor for 2014/15, who will also act as Vice-Chairman of the Council. Minutes: 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 P Raynes, seconded by Councillor B Murphy, and
RESOLVED
That Councillor Hilda Gaddum be appointed as Deputy Mayor of the Borough of Cheshire East for the year 2014/15 and Vice-Chairman of the Council for that period.
The Deputy Mayor thanked the Council for appointing her to this office. |
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Appointment of Mayor's Chaplain Minutes: The Mayor announced that his Chaplain for the forthcoming Municipal Year would be the Rev Dr Paul Smith and that he looked forward to his support during his term of office.
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Vote of Thanks to the Retiring Mayor Minutes: Councillor Michael Jones paid tribute to the retiring Mayor and Consort, Councillor Dorothy Flude and Mr Alexander Flude, for the dedicated work they had undertaken during their term of office.
The Mayor presented Councillor Flude with her Past Mayor’s medal and the Consort with a medal.
Councillor Flude gave a speech of thanks.
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Mayor's Announcements To receive such announcements as may be made by the Mayor. Minutes: The Mayor informed Members that the meeting would stand adjourned until 1.45pm, when the remaining items of business on the agenda would be considered. |
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Declarations of Interest To provide an opportunity for Members and Officers to declare any disclosable pecuniary and non-pecuniary interests in any item on the agenda for the afternoon session of the meeting. Minutes: There were no Declarations of Interest at this stage in the meeting. However, Cllrs S Gardiner, Rhoda Bailey and L Brown declared a pecuniary interest at item 12 of the agenda, following the proposal and seconding of an amendment relating to the payment of a Special Responsibility Allowance to Deputy Cabinet Members. In accordance with the general dispensation approved by the Audit and Governance Committee at its meeting on 27 September 2012 the Members remained in the room.
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Minutes of Previous meeting To approve the Minutes of the meeting held on 10 April 2014 as a correct record. Minutes: RESOLVED
That the minutes of the meeting of the Council held on 10 April 2014 be approved as a correct record. |
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Public Speaking Time/Open Session 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. Minutes: Mr Alan Leonard used public speaking time to ask the Leader of the Council a question regarding the Council’s decision not to remove an area of land situated at Hollin Road, Bollington from the Green Belt.
The Leader of the Council in response stated that there would be an opportunity to consider rebalancing the Green Belt around Bollington and that he considered that this should be considered at local level, through Bollington Town Council.
Mrs Charlotte Peters Rock used public speaking time to ask a question regarding the pan-Cheshire Pioneer status, as to when the meetings would be taking place, what opportunity there was for public involvement and whether the public would be able to attend meetings.
The Leader of the Council undertook to provide a written response to the question and stated that the process would take time, as it was important to get it right. |
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Appointments to the Cabinet/Leader's Announcements In accordance with the 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 Cabinet.
Details of the Leader’s appointments to the Cabinet and the functions delegated to the Cabinet will be circulated at the meeting. Minutes: The Leader of the Council, Councillor Michael Jones, presented to Council information about executive functions for the forthcoming year, including the names, addresses and electoral divisions of those Members appointed to the Cabinet and Cabinet Roles and responsibilities, as attached.
The Leader also highlighted the key points of his written speech, which had been circulated around the Chamber.
RESOLVED
That the Leader’s address and the information on executive functions in respect of the forthcoming year be noted. |
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To consider the recommendations from the Constitution Committee. Additional documents:
Minutes: The Constitution Committee had appointed a cross-party member working group to conduct a review of the arrangements relating to the Council’s scrutiny committees and policy development groups. The Working Group had appointed Professor Steve Leach and Professor Colin Copus of DeMontfort University to undertake the work required in respect of the review. Their report and recommendations had been submitted to the PDG/Scrutiny Review Working Group, which had supported the recommendations contained in the report.
The Constitution Committee, at its meeting on 1 May 2014, had considered the report’s recommendations, together with a range of proposals concerning the Council’s governance arrangements, including the Constitution Working Group’s suggestions concerning the size of Committees, the Terms of Reference of the Staffing Committee, Audit and Governance Committee and Health and Wellbeing Board and the introduction of Cabinet Support Members and resolved to recommend to Council:-.
1. The abolition of the Councils existing Scrutiny and Policy Development Group arrangements and the creation of five overview and scrutiny committees, reflecting Cheshire East Council’s five strategic priorities: Communities, Economy, Life Skills, Environment and Health.
2. The adoption of the terms of reference, attached as Appendix B to the report to the Constitution, as the committees’ terms of reference, with each committee having all relevant overview and scrutiny powers under the Local Government Act 2000; together with the appropriate committee having responsibility for the Alternative Service Delivery Vehicle (ASDV) which best fits within the work of that committee. 3. The creation of an overarching Cheshire East Overview and Scrutiny Committee, having all relevant overview and scrutiny powers under the Local Government Act 2000, and the terms of reference and scrutiny powers appended to the report, with those additional responsibilities set out in recommendation 10 of the PDG/Scrutiny Review Report; the powers of this committee also to include the power to determine which overview and scrutiny committee should take responsibility for specific pieces of work where there may be uncertainty.
4. The designation of the Communities Overview and Scrutiny Committee to deal with crime and disorder issues under the Police and Justice Act 2006; the Environment Overview and Scrutiny Committee to deal with scrutiny of Flood Risk Management arrangements under the Flood Risk management Overview and Scrutiny (England) Regulations 2011; the Health Overview and Scrutiny Committee to deal with health scrutiny requirements under the Health and Adult Social Care Act 2012.
5. That the Life Skills Overview and Scrutiny Committee have the responsibility of co-opting faith and parent-governor representatives to deal with education matters.
6. The amendment of the existing call-in arrangements as set out in recommendation 13 of the PDG/Scrutiny Review Report, including the reduction in the number of Members required to trigger a call-in from 8-6 and the inclusion of provisions requiring reasons for call-in (as set out in the PDG/Scrutiny report) to be stipulated and the empowerment of the Head of Legal Services and Monitoring Officer to be the arbiter if the justification for call-in is disputed.
7. That the number of ... view the full minutes text for item 12. |
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Political Representation on the Council's Committees To determine the political group representation on the Council’s Committees. Minutes: Consideration was given to a report inviting the Council to determine political representation on the Council's Committees.
Appendix 1 to the report, showing the proportional distribution of seats on Committees amongst the political groups, was circulated at the meeting.
RESOLVED
That the political group representation, as set out in Appendix 1, as circulated at the meeting and attached to these minutes at minute 13 and the methods, calculations and conventions used in determining this, as outlined in the report, be adopted. |
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Appointment of Members to Committees To receive the political groups’ nominations of Members to the Council’s Committees, in accordance with item 15 above. Minutes: Details of the political groups’ nominations of Members to Committees received to date were circulated at the meeting.
RESOLVED
That, the Committees, listed on the Appendix as circulated at the meeting be appointed. That the nominations made to the Committees by the time of the meeting be noted, with agreement that the remaining nominations would be submitted to officers by the political groups in due course and circulated to all Members after the meeting. |
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Appointment of Chairmen and Vice Chairmen To appoint the Chairman and Vice-Chairmen of the Council’s Committees Minutes: 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 were circulated at the meeting and were as follows :-
Overview and Scrutiny Committees
Regulatory and Other Committees
RESOLVED
That the Chairmen and Vice-chairmen of the Council’s decision-making and other bodies, as circulated at the meeting and as set out above, be appointed. |
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Appointments to Adoption Panel and Fostering Panel To approve the appointments to Statutory Panels which do not fall within the definition of “a Committee”. Minutes: Consideration was given to appointments to the Adoption Panel and the Fostering Panel.
RESOLVED
1. That Councillor A Harewood be appointed to the Adoption Panel.
2. That Councillor G Merry be appointed to the Fostering Panel.
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Appointments to Cheshire Fire Authority and the Cheshire Police and Crime Panel To make appointments to the Cheshire Fire Authority and the Cheshire Police and Crime Panel. Minutes: Consideration was given to appointments to the Cheshire Fire Authority and the Cheshire Police and Crime Panel.
RESOLVED
1
That Councillors D Brickhill, D Flude, B
Livesley, G Merry, M Simon,
2
That Councillors H Murray, P Findlow and L Brown be nominated to serve on
the Cheshire Police and Crime Panel, with Councillor |
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To consider the recommendations from the Constitution Committee Additional documents:
Minutes: The Constitution Committee, at its meeting on 1 May 2014, had considered the adoption of a protocol for setting up joint scrutiny arrangements across Cheshire, Wirral and Merseyside, to consider proposed substantial developments or variations in health services.
The Health and Social Care Act 2012 and the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations had introduced new arrangements to require a joint scrutiny committee to be established for the purposes of considering consultations by a relevant NHS body or provider of NHS funded Services where such proposals impacted on more than one local authority area and where more than one authority agreed that the proposal was a substantial development or variation in service (SDV).
Knowsley Borough Council, as lead authority on behalf of the Merseyside authorities, had developed a draft protocol, which was attached as an Appendix to the report, which proposed a framework for the operation of joint scrutiny across Cheshire, Merseyside and Wirral. The protocol would put in place arrangements to convene a joint health overview and scrutiny committee to be made up of each of the constituent local authorities that deemed a proposal to be an SDV. Cheshire, and Merseyside authorities had been invited to consider and adopt the protocol, in order for it to be in place in time for the formal consultation process regarding changes to the provision of cancer services at the Clatterbridge Centre in Wirral.
Council was recommended to approve the adoption of the draft joint scrutiny protocol.
RESOLVED
1. That the draft joint scrutiny protocol as appended to the report be approved and adopted.
2. That nominations to any joint scrutiny committees established in accordance with the protocol be made by the Chairman of the Health and Wellbeing Scrutiny Committee (or successor body) in compliance with the proportionality requirements set out in the protocol.
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Recommendation from Constitution Committee: Review of Polling Districts and Polling Places To consider the recommendations from the Constitution Committee Additional documents:
Minutes: The Constitution Committee, at its meeting on 1 May 2014, had considered arrangements to undertake a review of polling districts and polling places.
The Electoral Administration Act 2006 had introduced a statutory duty for local authorities to carry out a review of their parliamentary Polling Districts and Polling Places by 31st December 2007; and at least every four years thereafter. In accordance with this legislation, the Council had conducted its last Review in 2011 and a Polling Arrangements Review Sub-Committee had been appointed for this purpose.
The Electoral Registration and Administration Act 2013 had introduced a change to the timing of compulsory reviews of UK Parliamentary Polling Districts and Polling Places. The next compulsory review must now be completed by 31st January 2015. Subsequent compulsory reviews must then be completed every five years thereafter.
The Committee authorised the publication of the notice of the Polling Districts and Polling Places Review and that the convening of the Polling Arrangements Review Sub-Committee to undertake the Review of Polling Districts and Polling Places as required by the Electoral Administration Act 2013 and recommended to Council that the final decision concerning the outcome of the Polling Districts and Polling Places Review be delegated to the Constitution Committee at its meeting on 27th November 2014.
RESOLVED
That the final decision concerning the outcome of the Polling Districts and Polling Places Review be delegated to the Constitution Committee at its meeting on 27th November 2014.
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To consider the recommendations from the Constitution Committee Additional documents:
Minutes: The Constitution Committee, at its meeting on 1 May 2014, had considered a revised scheme of delegation to officers.
The revisions were required because of the revised Council Chief Officer Management Structure following the review of management roles and responsibilities, and the Council’s decision to become a Strategic Commissioning Council with the creation of Alternative Service Delivery Vehicles for the provision of Council Services.
The main revisions reflected the Chief Officer Management changes, in particular the span of functions for which the Executive Director of Strategic Commissioning was now responsible.. A rolling programme would be required in order to keep the Scheme of Delegation up to date and ensure that Directors established, operated and kept under review Local Schemes of Delegation within their departments. The Scheme of Delegation would also require appropriate revision as further Alternative Service Delivery Vehicles were developed.
The Scheme of Delegation incorporating the changes agreed by the Constitution Committee was appended to the report and Council was recommended to approve the revised Scheme, as submitted.
RESOLVED
1. That the revised Scheme of Delegation to Officers as appended to the report be approved.
2. That the Head of Legal Services and Monitoring Officer be authorised to update the Council’s Constitution accordingly by inclusion of the revised Scheme of Delegation.
3. That the Head of Legal Services and Monitoring Officer be authorised to undertake consequential drafting amendments to the remaining parts of the Council’s Constitution to ensure consistency with the revised Scheme of Delegation.
4. That a rolling programme approach to keep the Scheme of Delegation up to date be authorised. |
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Reaffirmation of the Council's Constitution To reaffirm the Council’s Constitution. Minutes: Council was requested to reaffirm the provisions of the Council’s Constitution published on 13 September 2013 and amended by Council on 17 October 2013 and 14 May 2014.
RESOLVED
That the provisions of the Council’s Constitution be reaffirmed. |
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Questions In accordance with Procedure Rule 11, opportunity is provided for Members of the Council to ask the Mayor, 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.
At Council meetings, there will be a maximum question time period of 30 minutes. Questions will be selected by the Mayor, using the criteria agreed by Council. Any questions which are accepted, but which cannot be dealt with during the allotted period will be answered in writing. Questions must be brief, clear and focussed.
Minutes: Cllr Hardy, in respect of the recent potential takeover bid of Astra Zeneca and support for jobs in Macclesfield - Cllr Michael Jones, the Leader of the Council responded.
Cllr Jueda in respect of the appointment of Dame Jo Williams as Chairman of the Caring Together Executive Board - Cllr J Clowes, Care and Health in the Community Portfolio Holder, responded.
Cllr Newton, in respect of whether Cheshire East Council had sent a written submission in respect of the Inquiry into the National Planning Policy Framework - Cllr Michael Jones, the Leader of the Council responded.
Cllr Flude, requesting an update in respect of Mount View Care Home, in Congleton - Cllr J Clowes, Care and Health in the Community Portfolio Holder, responded.
Cllr Hoyland in respect of whether the Council intended to formalise a policy to promote cycling in the Borough - Cllr Topping, Service Commissioning Portfolio Holder responded.
Cllr Brickhill in respect of the Council’s 5 year housing supply figures - Cllr Michael Jones, the Leader of the Council responded.
Cllr Fletcher, in respect of grass verge cutting in Alsager - Cllr Topping, Service Commissioning Portfolio Holder responded.
Cllr Sherratt in respect of the two week delay in the opening of Crewe Railway Station - Cllr Michael Jones, the Leader of the Council responded.
Cllr S Jones in respect of the Task and Finish group findings relating to dementia services - Cllr Michael Jones, the Leader of the Council responded.
Cllr Corcoran in respect of the Ombudsman finding regarding the changing of dates shown on the planning website relating to the planning application for White Moss Quarry- Cllr Michael Jones, the Leader of the Council responded.
Cllr A Moran, regarding the charges for CCTV in Nantwich, compared with Crewe Town – Cllr Gilbert, Localism and Enforcement Portfolio Holder, undertook to provide a written response.
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