Agenda and minutes

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

A number of Councillors who were existing County Councillors, Borough Councillors and Town and Parish Councillors declared a personal interest in the business of the meeting en bloc.

Officer Declarations

Lisa Quinn declared an interest in the item relating to Appointment of Borough Treasurer and Head of Assets and left the meeting during consideration of this matter.

Julie Openshaw declared an interest in the item relating to Appointment of Borough Solicitor and Monitoring Officer and left the meeting during consideration of this matter.

To receive such announcements as may be made by the Chairman of the Council

The Chairman announced that there was an urgent item of business to bring before the meeting relating to a Local Area Agreement for Cheshire East.

In accordance with Section 100B(4)(b) of the Local Government Act 1972 and because of the need for Council to consider the recommendation of Cabinet, which met on 2 December, the Chairman stated that she was of the opinion that the item should be considered at this meeting as a matter of urgency.  The matter would be dealt with as part of the public agenda.

In accordance with Procedure Rules 11, opportunity is provided for Members of the Shadow Council to ask the Chairman, the appropriate Cabinet Member or the Chairman of a Committee any question about a matter which the Shadow Council, the Cabinet or the Committee has powers, duties or responsibilities.

Questions must be sent in writing to the Interim Monitoring Officer at least 3 clear working days before the meeting.

No questions were submitted.

In accordance with Procedure Rules Nos.11 and 35 a total period of 15 minutes is allocated for members of the public to address the Committee on any matter relevant to the work of the Committee.

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.

Note: In order for officers to undertake any background research it would be helpful if questions were submitted at least one working day before the meeting.

There were no members of the public present who wished to address the meeting.

To approve the minutes as a correct record.

RESOLVED

That the minutes be approved as a correct record, subject to the addition of Councillor S Wilkinson to the list of those present.

To approve the minutes as a correct record.

RESOLVED

That the minutes be approved as a correct record, subject to the addition of Councillor S Wilkinson to the list of those present.

To receive formally the following records of decisions of the Cabinet and Minutes of other Committees :-

RESOLVED

That the records of decisions of Cabinet and minutes of other Committees be received.

To consider the attached Notice of Motion, proposed by Councillor R Fletcher and seconded by Councillor D Neilson.

Consideration was given to the following Notice of Motion proposed by  Councillor R Fletcher and seconded by Councillor D Neilson:-

SUSTAINABLE COMMUNITIES ACT

That CHESHIRE EAST COUNCIL:-

(i) supports the bottom up process in the Sustainable  Communities Act designed to allow local authorities and their communities to drive the help that central government  gives in reversing community decline and promoting thriving, sustainable communities;

(ii) notes the Act gives local authorities the power to  

  -  make proposals to government on the action and assistance    government    must    take  to promote sustainable communities and

  - argue for a transfer of public money and function from central to local control :

(iii)  notes that the Act defines the sustainable communities broadly. That definition having  the 4 aspects of

-         the improvement of local economy,

-         protection of the environment

-         promotion  of social inclusion, and

-         participation in civic and public activity;

(iv)  notes that reasons for a local authority choosing to use the Act include gaining  new assistance from government, determining that assistance, being able to argue for transfers of public monies from central to local control and involving citizens in democracy.

(v)  resolves , when invited to by central government, to use the Act by preparing and submitting proposals on how central government can help; and

(vi) further resolves:-

-         to inform the local media of this decision;

-         to write to local MPs,  informing them of this decision; and

-         to write to Local Works ( at Local Works, c/o Unlock Democracy, 6 Cynthia St, London N1 9JF ) informing them of their resolution to use the Act.

RESOLVED

That the motion stand referred to Cabinet.

To notify Council of the Council Tax Base for Cheshire East and to confirm that, in

accordance with the Local Authorities (Calculation of Tax Base) Regulations 1992, the

amount to be calculated by Cheshire East Council as its Council Tax Base for the year

2009/10.

Cheshire East Council was required to approve its Tax Base, before 31 January 2009, so that the information could be provided to Cheshire Police Authority and Cheshire Fire Authority for their budget processes.

RESOLVED

That, in accordance with the Local Authorities (Calculation of Tax Base) Regulations

1992, the amount to be calculated by Cheshire East Council as its Council Tax Base

for the year 2009/10 be confirmed as:

• for the whole area – 144,761.46
• for each Parish area the figures  included in Appendix A to the report.

           To agree the submission of the amended Draft Local Development Scheme to the Secretary of State for Communities and Local Government.

             Consideration was given to a report relating to reconsideration of the Draft 

             Local Development Scheme for Cheshire East.

             RESOLVED

             That the amended Draft Local Development Scheme be submitted to the

  Secretary of State for Communities and Local Government.

To outline the process used for the recruitment of the Borough Treasurer and Head of

Assets and request that the Council ratify the recommendation for appointment made

by the Staffing Committee.

Consideration was given to a report outlining the process used for the 

recruitment of  the Borough Treasurer and Head of Assets and requesting 

that the Council ratify the recommendation for appointment made by the

Staffing Committee.

RESOLVED

                 That the recommendation of the Staffing Committee, that Lisa Quinn be confirmed as

                  the Borough Treasurer and Head of Assets of Cheshire East Council, with effect from

                 1 January 2009, be ratified.

           To ratify the recommendation of the Staffing Committee regarding the appointment of the Borough Solicitor and Monitoring Officer of Cheshire East Council.

           Consideration was given to a report outlining the process used for the    recruitment of the Borough Solicitor and Monitoring Officer and requesting that the Council ratify the recommendation for appointment made by the Staffing Committee.

             RESOLVED

                    That the recommendation of the Staffing Committee that Mr Christopher

          Chapman be confirmed as the Borough Solicitor and Monitoring Officer

                  for  Cheshire East Council be ratified, with effect from a date to be

                  arranged.

To formally recommend the Cheshire Children Plan 2008-11, for adoption by Cheshire

East Council, as its statutory Children Plan to 2011 and that Council notes the

requirement to set local targets (as part of the Local Authority Agreement process) by

1 April 2009 and the need to review, refresh and localise that Plan during the period

April 2009 to June 2010.

            Consideration was given to a report briefing the Cheshire East Council on its duties in relation to the Cheshire Children Plan 2008-11, and seeking some formal decisions in order to ensure that statutory requirements are complied with for 1 April 2009.

                   RESOLVED

                 1.That the Cheshire Children Plan 2008 -11 be formally adopted

                     by Cheshire East Council as its statutory Children Plan to 2011.

   2.That Council notes the requirement to set local targets (as part of the Local

        Authority Agreement process) by 1 April 2009 and the need to review, refresh

        and localise that Plan during the period April 2009 to June 2010.

To advise Council of the recommendations of the Council’s Scrutiny and Governance

and Constitution Committees in respect of education matters and appointments of

Statutory Co-opted Members to the Scrutiny Committee, who will have voting rights on

education matters and to agree the recommendations of the Council’s

Scrutiny and Governance and Constitution Committees.

            Consideration was given to a report advising Council of the 

                 recommendations of the Council’s Scrutiny and Governance and   

                 Constitution Committees in respect of education matters and

                  appointments of Statutory  Co-opted Members to the Scrutiny

                  Committee, who will have voting rights on  education matters.

                 RESOLVED

That the recommendations of the Council’s Scrutiny and Governance and Constitution Committees be approved as follows:

1.That two parent governor representatives shall be appointed to the

    Scrutiny Committee for the purposes of dealing with education matters; one

    being drawn from the primary education sector, and the other being drawn

    from the secondary education sector.

2. That the period of office of the parent governor representatives shall be 2

    years with effect from 1^st April 2009.

3. That one nominated representative of the Church of England Diocese and

    one nominated representative of the Roman Catholic Diocese be

    co-opted to the Scrutiny Committee for the purposes of dealing with

    education matters.

4.That the Interim Monitoring Officer be authorised to make such

   consequential additions and changes to the Constitution as she considers

   are necessary to give effect to the decision of Council.

To seek the approval of full Council for the appointment of three Parish Council

representatives on the Standards Committee. 

             Consideration was given to a report seeking the approval of full Council for the 

             appointment of three Parish Council representatives on the Standards

             Committee. 

RESOLVED

1.  That the following three applicants be appointed to the Standards

     Committee:

         Councillor Teresa Maureen Eatough -  Weston and Basford  Parish Council

         Councillor Kenneth John Edwards - Bollington Parish Council

         Councillor Patricia Margaret Barnett - Twemlow Parish Council

  2.   That it be noted that ChALC will retain the names of the two remaining

   candidates  as reserves in case of future vacancies to the Parish

   Council seats on Standards Committee.

To consider adoption of an Officer Code of Conduct, its immediate inclusion in the

Shadow Council’s Constitution and, thereafter in Cheshire East Unitary Council’s

Constitution with effect from 1^st April 2009.

           Consideration was given to a report relating to the adoption of an Officer Code of Conduct, its immediate inclusion in the Shadow Council’s Constitution and, thereafter, in Cheshire East Unitary Council’s Constitution with effect from 1 April 2009.

            RESOLVED

            That the Cheshire East Council :-

1.      Adopts the Officer Code of Conduct appended to the Report (Noting that the Core Values for Cheshire East as a whole are still in draft and will require Cabinet approval in January 2009);

2.      Agrees that the Officer Code of Conduct will take effect immediately and will apply to all officers appointed by the Shadow Council;

3.      Agrees that the Officer Code of Conduct will continue to have effect, and will apply to all officers employed by Cheshire East successor authority on 1^st April 2009 and thereafter;

4.      Agrees that the Officer Code of Conduct will be included immediately in the Shadow Council’s Constitution and, with effect from 1^st April 2009, in Cheshire East successor authority’s Constitution; and

5.      Authorises the Interim Monitoring Officer to make such consequential amendments to the Constitution as she considers are necessary to give effect to the decision of Council.

To seek approval for the formation of a Licensing Committee of Cheshire East

Council, both as a shadow committee prior to 1 April 2009 and as a fully operational

Committee thereafter.

           Consideration was given to a report seeking approval for the formation of a Licensing Committee of Cheshire East Council, both as a shadow committee prior to 1 April 2009 and as a fully operational Committee thereafter.

              RESOLVED

That a Licensing Committee be appointed on the following terms:-

1.      A full Licensing Committee of fifteen Members (with a quorum of eight) on a politically proportional basis, i.e. Conservatives 11; Liberal Democrats 2; Labour 1; Independent Group 1.

2.      That the Licensing Committee then establishes Sub-Committees of three Members drawn from the full Committee to deal with matters under the Licensing Act 2003 and the Gambling Act 2003; and

3.      That Sub-Committees of five Members (with a quorum of three) drawn from the full Committee (of which at least one shall, subject to availability, be the Chairman or Vice Chairman of the full Committee) are established on an ad hoc basis to deal with ‘general’ licensing matters.

4.      That those Members listed in appendix 1 of the report be appointed to the Licensing Committee.

5.      That Council delegates to the Licensing Committee those licensing functions which are the responsibility of Council set out in Appendix 2 of the report, subject to the proviso that before any Councillor who is a member of the Licensing Committee can attend a meeting and participate in the determination of an application or appeal by any individual or body, that Councillor must have attended a suitable training course dealing with the quasi-judicial nature of the role of the Committee.

6.      That the date of the first meeting of the Licensing Committee be 19^th December 2008.

7.      That the Interim Monitoring Officer be authorised to make such consequential changes to the Constitution as she considers appropriate to give effect to the decision of Council in relation to paragraphs 1 to 3 above.

In accordance with section 17 (1) of the Local Government and Housing Act 1989, it was necessary that the following resolution be approved without any Member of the Authority voting against. It was resolved unanimously that :-

That the requirement of political proportionality under section 15 of the Local Government and Housing Act 1989 be waived, in relation to the sub-committee established under 3 above.

To endorse the Cheshire Local Area Agreement 2008 - 2011 in accordance with the requirements of the Local Government (Structural Changes) (Transitional Arrangements) Regulations 2008; note its statutory duty to have regard to all targets in the Local Area Agreement and those for which it will become the 'lead partner'; and delegate its authority to make any proposals for 'revision' of the Cheshire Local Area Agreement 2008 - 2011 to the Secretary of State, deemed necessary as a consequence of the annual refresh process and in accordance with the requirements of Section 111 of the Local Government and Public Involvement in Health Act 2007, to the Cabinet.

To approve the dates for Cabinet and Council meetings 2009/10.

RESOLVED

That the dates for Cabinet and Council meetings 2009/10 be approved.