Agenda and minutes

Council - Thursday, 22nd October, 2015 10.00 am

Venue: The Ballroom, Sandbach Town Hall, High Street, Sandbach, CW11 1AX. View directions

Contact: Julie North  Senior Democratic Services Officer

Items
No. Item

32.

Prayers

Minutes:

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

 

33.

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:

There were no declarations of interest. 

34.

Minutes of Previous meeting pdf icon PDF 81 KB

To approve the minutes of the meeting held on 23 July 2015 as a correct record.

Minutes:

RESOLVED:  That the Minutes be approved as a correct record. 

35.

Mayor's Announcements

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

Minutes:

The Mayor announced: -

 

That since the last meeting of Council, she had attended 60 events across the Borough. 

 

The Mayor thanked members who attended her civic service and thanked her Chaplain and Kings School choir for their part in the service. 

 

The Mayor paid tribute to the staff and emergency services dealing with the aftermath of the Bosley incident and commended those who had raised money to help the local community.

 

The Mayor spoke about the Local Hero and Community pride awards which she had attended and which demonstrated why Cheshire East was a good place to live.    

 

The Mayor formally reported to Council the recent sad deaths of Councillor Peter Mason and former Macclesfield Borough and Poynton Town Councillor David Robbie.  Council stood for a minute’s silence in tribute.             

36.

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:

Sue Helliwell used public speaking time to alert the Council to the actions of the residents of Alsager who were helping Syrian refugees.  She called upon the Council to put in place the necessary resources to support both the families and the townspeople and called on Cheshire East to follow their lead. 

 

The Leader of the Council stated that he had met with Councillors and that Cheshire East stood ready to work together with communities to assist in this regard.  

37.

Petition for Debate - Public Intermediate Care, Dementia Care and Day, Respite and Assessment Care and Ancillary Facilities pdf icon PDF 74 KB

A report from the Portfolio Holder for Adults, Health and Leisure is enclosed.

 

Under the Council’s Petition Scheme the petition organiser may address the meeting for up to 3 minutes and may be asked questions on the subject matter of the petition. The organiser may nominate another person to address the meeting and to answer any questions on the matter. Council is required to debate the Petition.

 

(A copy of the full petition is available on request and will be available at the meeting).

 

Minutes:

Mrs C Peters Rock presented a petition to Council for debate which contained over 4,000 signatures, the subject of which was as follows - 

 

“Petition to Cheshire East Council, East Cheshire NHS Trust, Eastern Cheshire CCG.

 

Please reopen for local public use – and keep open – for all ages our public

intermediate care – dementia care -  Also day, respite and assessment care – and ancillary facilities to support our public need.  Legal Duty of Care lies with our public organisations – and that must remain.”

 

In accordance with the Council’s Petition Scheme, Mrs Peters Rock spoke to the petition and responded to questions from Councillors on the subject matter of the petition. The Mayor then explained the procedure Council would follow when debating the petition.

 

In opening the debate, the following motion was proposed by Councillor Clowes: “Cheshire East Council accepts the petition and that the comments be noted but that no action be taken on the petition”, which was seconded by Councillor Groves. 

 

Councillors debated both the subject of the petition and the motion proposed, which gave rise to an amendment to the motion proposed by Councillor Laura Jeuda “This Council will keep open Lincoln House and Hollins View for in house respite care for the foreseeable future”, which was seconded by Councillor Parsons.              

 

Following a further debate, a request for a recorded vote on the amendment to the motion was put by Councillor Hogben, which was supported by 8 members. 

 

Name                                                                         Vote cast

 

Councillor Chris Andrew                            Against

Councillor Ainsley Arnold                                      Against

Councillor Damian Bailey                          For

Councillor Rachel Bailey                           Against 

Councillor Garry Barton                              Against

Councillor Paul Bates                                 Against

Councillor Gordon Baxendale                  Against

Councillor Derek Bebbington                    Against         

Councillor Michael Beanland                   Against

Councillor Suzanne Brookfield                For

Councillor Ellie Brooks                               Against

Councillor David Brown                             Against

Councillor Craig Browne                            Against

Councillor Barry Burkhill                            For

Councillor Penny Butterill                          For

Councillor Steve Carter                              For

Councillor Clair Chapman                                     For

Councillor Janet Clowes                            Against

Councillor Sam Corcoran                          For

Councillor Harold Davenport                     Against

Councillor Stan Davies                              Against

Councillor Tony Dean                                Against

Councillor Beverley Dooley                       Against

Councillor Liz Durham                               Against

Councillor Steven Edgar                            Against

Councillor J Paul Findlow                                     Against

Councillor Rod Fletcher                             For

Councillor Dorothy Flude                           For

Councillor Toni Fox                                     For

Councillor Hilda Gaddum                                      Not voting

Councillor Stewart Gardiner                      Against

Councillor Sam Gardner                            Against

Councillor Les Gilbert                                 Against

Councillor Maureen Grant                         For

Councillor Peter Groves                             Against

Councillor John Hammond                                   Against

Councillor Alift Harewood                          For

Councillor George Hayes                           Against

Councillor Steve Hogben                          For

Councillor Olivia Hunter                             Against

Councillor Janet Jackson                          For

Councillor Laura Jeuda                              For

Councillor Michael Jones                          Against

Councillor Andrew Kolker                                      Against

Councillor Jamie Macrae                           Against

Councillor Dennis Mahon                                     For

Councillor Nick Mannion                           For

Councillor David Marren                            Against

Councillor Andrew Martin                          Against

Councillor Rod Menlove                            Against

Councillor Gill Merry                                   Against

Councillor Arthur Moran                             For

Councillor Barry Moran                              Against

Councillor David Newton                           For

Councillor Michael Parsons                      For

Councillor Sarah Pochin                           Against

Councillor Jill Rhodes                                For

Councillor Brian Roberts                            For

Councillor Mike Sewart                              Against

Councillor Margaret Simon                                    Against

Councillor Lesley Smetham                      Against         

Councillor Don Stockton                            Against

Councillor  ...  view the full minutes text for item 37.

38.

Recommendation from Cabinet - First Quarter Review of Performance pdf icon PDF 57 KB

To consider the recommendation from Cabinet.

Additional documents:

Minutes:

Consideration was given to a report on the first quarter review of performance 2015/16, including supplementary capital estimates and virements, which had been considered by Cabinet on 29 September 2015.

 

The report set out the Council’s financial and non-financial performance at the first quarter stage of 2015/16 and highlighted the latest progress towards achieving the Council’s Residents First Outcomes as described in the Council’s three year plan 2013 to 2016. The first quarter review showed how the Council was continuing to build on the positions achieved in the last two years, which demonstrated that the overall financial health, performance, resilience and value for money at Cheshire East Council was strong.

 

The recommendations from Cabinet were proposed and seconded.

 

The following amendment was proposed and seconded and declared carried:-

 

“That any money spent from earmarked reserves should either be spent in- house or through the proper competitive tendering process”.

 

RESOLVED

 

That the fully funded supplementary capital estimates and virements above £1,000,000 be approved, in accordance with Finance Procedure Rules (Appendix 7 of the report); and

 

That a new earmarked reserve be established for Early Intervention Initiatives by a transfer of £0.5m from general balances, as set out in Section 2, paragraph 197 of the report, and that any money spent from earmarked reserves be either spent in-house, or through the proper competitive tendering process.   

 

 

 

 

(At this point the meeting was adjourned for a short break).

39.

Recommendation from the Constitution Committee - Proposed changes to the Council's Constitution pdf icon PDF 239 KB

To consider the recommendations from the Constitution Committee.

Additional documents:

Minutes:

Consideration was given to a report which proposed a number of changes to the Constitution, which were intended to bring benefits to the Council’s decision-making and other arrangements and which had been recommended for approval by the Constitution Committee on 17th September 2015. 

 

RESOLVED

 

That the following changes to Cheshire East Council’s Constitution be approved:-

 

1       The Constitution Committee be given the delegated authority to make all changes to the Council’s Constitution which are not major, subject to the Head of Legal Services and Monitoring Officer and Chief Operating Officer (s151 Officer) agreeing that the proposed changes are not major and to Council subsequently being informed of such changes, provided that such changes as are considered by the Committee and agreed by the Head of Legal Services and Monitoring Officer and Chief Operating Officer (s151 Officer) to be major shall be referred to Council for approval;

2       The Head of Legal Services and Monitoring Officer be given delegated authority, in consultation with the Chair and Vice-Chair of the Constitution Committee, to make such changes to the Council’s Constitution as he/she deems to be necessary and which are:

 

·           in the Council’s interests;

·           not major in nature;

 

including, but not limited to, changes;

 

o    amounting to routine revisions;

o    to provide appropriate clarity;

o    to correct typographical and other drafting errors;

o    to reflect new legislation;

o    to correct inconsistencies in drafting;

o    to reflect new officer structures and job titles, properly approved through Council processes (including amendments and revisions to the Proper Officer Functions).

 

3          In relation to the Planning Committees that:

 

(a)  From the start of the next Municipal Year the Strategic Planning Board, and the Northern and Southern Planning Committees be reduced in size to 12 with a composition of 8:2:2 (Conservative: Labour: Independent) for each Board/ Committee;

 

(b)  the political group representation agreed at the Council’s Annual Meeting, and the methods, calculations and conventions used in determining this be amended to reflect the reduced memberships;

 

(c) that any necessary and consequential adjustments be made to the total number of committee places allocated to each political group in order to meet legislative political proportionality requirements, in consultation with the political group leaders, together with any resultant changes in committee places; and

 

d)  the operational effectiveness be kept under review.

 

(e) the Constitution be amended as set out in Appendix 1 to reflect that there are to be no substitutes at Planning Committee other than named substitutes

 

4       Amendments are made to the Scheme of Delegation of Officers and Terms of Reference of Committees as set out in Appendix 1 and that consequential amendments are made to that Scheme of Delegation of Officers and Terms of Reference of Committees as set out in Appendix 1 such that Certificates of Lawfulness may only be signed off under delegated powers following Consultation with the Head of Legal Services and Monitoring Officer.

 

5       The Protocol on Public Speaking at Planning Committees be amended by increasing speaking time for the Local Parish Council  ...  view the full minutes text for item 39.

40.

Recommendation from the Audit and Governance Committee - Review of Standards Arrangements for Dealing with Code of Conduct Complaints pdf icon PDF 45 KB

To consider the recommendations from the Audit and Governance Committee.

 

Additional documents:

Minutes:

Consideration was given to a report relating to the Code of Conduct Complaints procedure, which had last been approved by Council on 17 July 2014. 

 

The report now before Council gave details of a review of the approved procedures to be followed when considering a complaint that an elected member of the Council or of a town or parish council within its area has failed to comply with the Council’s Member Code of Conduct and recommended improvements to them.

 

RESOLVED 

 

(a) That the proposed revised arrangements for dealing with complaints about members who are alleged to have breached their Council’s code of conduct for members be approved.

 

(b) That the plain English version of the guidance “How to make a complaint” at Appendix 3 of the report replace the current version of that guidance on the council website; 

 

(c) That the amended complaint form set out at Appendix 2 be adopted; and

 

(d) That the amended overview document set out at Appendix 4 and the amended hearing procedure set out at Appendix 5 be adopted.

 

41.

Appointment to the Fire Authority pdf icon PDF 72 KB

To consider a new appointment to the Fire Authority, following the death of Cllr Peter Mason.

Minutes:

Consideration was given to a report which invited Council to make an appointment to the Cheshire Fire Authority, to fill the vacancy following the death of Cllr Peter Mason.

 

RESOLVED:  That Councillor Steven Edgar be appointed to the Cheshire Fire Authority.   

 

 

42.

Leader's Announcements

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

 

Minutes:

The Leader announced that:

 

With immediate effect, Councillor Sam Gardner had been appointed to Cabinet, his new portfolio to be open spaces, Councillor Liz Durham to replace him as Deputy Cabinet Member for finance.

 

He had recently returned from China as part of a trade delegation where he had met with businesses looking to invest in Cheshire East.

 

He had recently met with government Ministers on a number of matters, but understood that an announcement regarding HS2 was imminent.   

 

He welcomed the Chancellor’s recent announcement that Councils would soon be able to retain most of the business rates paid by local businesses, which could be of significant value to Cheshire East.

 

Sunday marked the 100th day since the Bosley explosion and he paid tribute to those who had raised money, including Stoke-on-Trent City Council.    

 

Work on the UCT was progressing and to build on this, an ASDV would be set up to deal with learning and skills.;

 

The Cheshire and Warrington and Stoke-on-Trent and Staffordshire Local Enterprise Partnerships (LEPs) had signed a concordat to drive forward the Northern Gateway Partnership and unlock major growth and investment opportunities.        

 

The Engine of the North was assisting in delivering affordable housing to rent for those who needed this. 

 

Cheshire Police had been ranked in the top five of the Peel reports.     

         

 

43.

Notices of Motion pdf icon PDF 42 KB

To consider any Notices of Motion that have been received in accordance with Procedure Rule 12

Minutes:

The following Notices of Motion were submitted to Council in accordance with Procedure Rule 12:-

 

1          Syrian Refuges

 

Proposed by Councillor Sam Corcoran and Seconded by Councillor Irene Faseyi

 

“This Council would welcome an appropriate number of Syrian refugees to Cheshire East.”

 

2          Trade Union Membership

 

Proposed by Councillor Damian Bailey and Seconded by Councillor
Nick Mannion

 

"That this Council recognises the positive contribution that trade union members make in our workplaces. This Council values the constructive relationship that we have with our trade unions and we recognise their commitment, and the commitment of all of our staff, to the delivery of good quality public services.


This Council notes with concern the Trade Union Bill which is currently being proposed by the Government which would affect this Council's relationship with our trade unions and workforce as a whole. This Council rejects this Bill's attack on local democracy and the attack on the right to manage our own affairs.

This Council is clear that facility time, negotiated and agreed by us and our trade unions to suit our own specific needs has a valuable role to play in the creation of good quality, responsive local services that truly puts our residents first. Facility time should not be determined or controlled by the Government in London.

This Council is happy with the arrangements we currently have in place for deducting trade union membership subscriptions through the payroll. We see this as an important part of our positive industrial relations and a cheap and easy way to administer a system that supports our staff. This system is an administrative matter for this Council and it should not be interfered with.

This Council further resolves to seek to continue its own locally agreed industrial relations strategy and will take every measure possible to maintain its autonomy with regard to facility time and the continuing use of check-off."

RESOLVED

 

That motions stand referred to Cabinet. 

44.

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:

Members asked the following questions:-

 

Councillor Steve Carter in respect of the timings of Council meetings - The Leader of the Council responded.

 

Councillor Paul Bates in respect of comments in the press relating to Cheshire East - The Leader of the Council responded.

 

Councillor Wait in respect of Northern Gateway - The Leader of the Council responded.

 

Councillor Arthur Moran in respect of a shortage of places at primary schools - The Portfolio Holder for Children and Families, Councillor Rachel Bailey responded.

 

Councillor Laura Jeuda in respect of contracts tended for by Everybody Sports and Leisure - The Leader of the Council responded. 

 

Councillor Rod Menlove in respect of the recent reduction to the Council’s pest control services – The Communities Portfolio Holder, Councillor Les Gilbert, responded. 

 

Councillor Nick Mannion in respect of contracts tended for by CoSocius - The Leader of the Council responded.

 

Councillor Craig Browne in respect of Section 106 monies – The Housing and Planning Portfolio Holder, Councillor Ainsley Arnold, responded.

 

Councillor Les Gilbert in respect of securing a Holmes Chapel bypass and protecting land from development - The Leader of the Council responded.

 

Councillor Dorothy Flude in respect of correspondence relating to Councillor Jones - The Leader of the Council responded. 

 

Councillor Lesley Smetham in respect of the impact of the Northern Powerhouse and the green belt - The Leader of the Council responded.

 

Councillor Alift Harewood in respect of Syrian Refugees - The Leader of the Council responded.