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.

 In addition those Members who were Town and Parish Councillors declared a personal interest in the item relating to parish precepts included in item 12 – Council Tax 2009/10 Statutory resolution as follows:-

Cllr D Bebbington, Cllr D Brown, Cllr D Cannon, Cllr R Cartlidge, Cllr H Davenport, Cllr B Dykes, Cllr P Edwards, Cllr J Hammond, Cllr D Hough, Cllr S Jones,  Cllr A Moran,  Cllr M Parsons, Cllr L Smetham, Cllr R West, Cllr S Wilkinson.

Councillor D Brown declared a personal interest in item 6 (z) – Minutes of the meeting of Cabinet held on 3 February 2009  in respect of minute 147- People into jobs, by virtue of being a representative on the Groundwork Trust.

Councillors Mrs M Simon and G Baxendale declared a personal and prejudicial interest in item 7 – Election of Mayor and Deputy Mayor by virtue of being nominated as the Mayor and Deputy Mayor elect, respectively. In accordance with the Constitution Councillors Simon and Baxendale left the meeting during consideration of this matter.

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

The Chairman did not make any formal announcements, but reported that there was now a seating plan for Council meetings.

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.

In accordance with Procedure Rules Nos.11 and 35, Mr K Edwards submitted a question at the meeting. He referred to page 10 of the Council’s draft Corporate Plan, relating to the Council’s objectives and priorities for Children and Young People and to the proposal to reduce the Council’s budget provision in respect of the area based grant to the Connexions service, which had been established with the aim of providing a comprehensive service to meet young people’s needs for information, advice and support. This was in addition to reductions in contributions by central Government and Cheshire West and Chester Council. As Cheshire East Council would be responsible for a number of young people in care he requested that the decision to reduce the area based grant be rescinded and requested that Cabinet consider preserving that particular element of the service.

The Children and Family Services Portfolio Holder in reply stated that this was part of the overall budget and that any economies that had to be made must apply across the board and would have to be fairly apportioned. With regard to children in care, he would expect that this would be prioritised in any forthcoming negotiations with Connexions. He suggested that Mr Edwards ask the question again, once the outcome of the negotiations were known.

The Resources Portfolio Holder stated that the Council was the commissioning agent for the Connexions service and that he looked forward to the forthcoming discussions with them.

RESOLVED

That the minutes be approved as a correct record.

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

RESOLVED

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

To resolve that Councillor M Simon be designated as the Mayor Elect and that Councillor G Baxendale be designated as the Deputy Mayor Elect, with a view to their formal election as Mayor and Deputy Mayor for Cheshire East for 2009/2010 at the Mayor Making ceremony to be held on 1 April 2009; subject to the grant of royal charter.

Consideration was given to a report relating to the election of Mayor and Deputy  Mayor  for 2009/10.

RESOLVED

That Councillor M Simon be designated as the Mayor Elect and that Councillor G Baxendale be designated as the Deputy Mayor Elect, with a view to their formal election as Mayor and Deputy Mayor for Cheshire East for 2009/2010 at the Mayor Making ceremony to be held on 1 April 2009; subject to the grant of royal charter.

To formally adopt a Constitution, which will take effect on Vesting Day and which will

set out the Council’s decision-making and overview and scrutiny arrangements.

           Consideration was given to a report, requesting the Council to formally adopt a   Constitution, which would take effect on Vesting Day and which would set out the Council’s decision-making and overview and scrutiny arrangements.

RESOLVED

1. That the recommendations of the Governance and Constitution Committee as  set out in Appendix 1 and reflected in the body of the report, as submitted ,be approved.

2. That Council adopt the Constitution, as set out in the appendices to the report, amended where required to reflect the recommendations of the Governance and Constitution Committee, this to take effect on Vesting Day, subject to the following changes :-

i) That the list of Policy and Budget Framework documents, as tabled, be substituted for the list recommended by the Governance and Constitution Committee.

ii) That the issue of questions and statements by Members and the public be further considered in accordance with the recommendation at Item 10 of the Governance and Constitution Committee meeting on 9^th February but that, in the interim, and in this respect, only the currently appended Cabinet Procedure Rules 7 and 8 should apply, which provide for:

a.     Chairmen and Spokespersons of Scrutiny Committees to attend and speak at meetings of the Cabinet on agenda items;

b.     other Members to speak with the permission of the Leader; and

c.      questions to be submitted by Members of the public, providing 3 working days’ notice is given.

iii) That the Scheme of Delegation should include the designation of the

     Borough Solicitor as Proper Officer for the registration of Births, Marriages

     and Deaths.

iv)That, in future, the full record of all decisions of meetings shall be made available on the Council’s website.

v)That a Strategic Planning Board of 14 Members be appointed, with the terms of reference set out in the recommendations of the Governance and Constitution Committee, constituted by 10 Members of the Conservative Group, 2 Members of the Liberal Democrat Group, 1 Member of the Labour Group and 1 Member of the Independent Group, and that the nominations of the Group Leaders be noted according to the list circulated around the Chamber.

3. That the Shadow Council’s existing Member Code of Conduct and Proper

     Officer provisions continue to have effect on Vesting Day and thereafter.

4. That the Borough Solicitor shall have delegated authority, in consultation  with the political group whips to make such additions and changes to the Council’s Constitution as he considers are necessary in order to ensure the delivery of efficient and effective local authority functions with effect from Vesting Day.  

To approve Resolution 4 of Minute 14 of the minutes of the Staffing Committee meeting of 13 January 2009 (as set out in Item 6r of this agenda).

The Council was requested to approve resolution 4 of minute 15 of the Staffing Committee meeting held on 13 January 2009 relating to senior officer appointments.

RESOLVED

That resolution 4 of minute 15 of the Staffing Committee meeting held on 13 January 2009 be approved.

To consider Cheshire East’s draft Corporate Plan, as recommended by  Cabinet, following their discussion on 17 February 2009.

Consideration was given to a report relating to Cheshire East’s draft Corporate Plan, as recommended by the Cabinet, following their discussion on 17 February and requesting the Council to approve the Corporate Plan and make a decision as to whether the Corporate Plan should in future be reserved to Council as part of its Policy Framework.

RESOLVED

That the Corporate Plan be approved and, in future, be reserved to Council as part of its Policy Framework.

To set the Cheshire East Council Budget for 2009/10.

Consideration was given to a report requesting the Council to set the Cheshire East Council Budget for 2009/10.

Revised budget papers, together with revised papers in respect of fees and charges were circulated at the meeting.

RESOLVED

1.      That l, in accordance with the recommendation from Cabinet,  

                      a Revenue Budget Requirement for 2009/10 of £234,113,000 be approved.

   2. That all Revenue and Capital Budgets, as reported, be approved.

3.  That the fees and charges, as circulated at the meeting, be approved with, 

      the exception of those prices for services and facilities where the setting of fees

      and  charges is already delegated to other Committees, Panels or individuals, as

      indicated.

4. That  the Reserves Policy and Strategy, as reported, be approved.

                 To set the Council Tax for the financial year 2009/10, in accordance with the

                 formal resolutions as shown in section 11 of the report.

                Consideration was given to a report requesting the Council to set the Council Tax for the  financial year 2009/10.

It was noted that, at the time of writing the report, Cheshire Police Authority had not set its budget and council tax precepts. These were set at a meeting on the morning of 24^th February 2009.  Consequently the final version of the report was tabled at the Council meeting and published on the Council’s website.

RESOLVED

That the Council Tax for the financial year 2009/10 be approved, in accordance with the formal resolutions as shown in section 11 of the report.

           To approve the Treasury Management Strategy and the MRP Statement for 2009/2010.

Consideration was given to a report presenting the Treasury Management Strategy for 2009/10 to 2011/12, including the prudential indicators and limits required under Part 1of the Local Government Act 2003 and the Annual Investment Strategy 2009/10 and Annual Policy Statement on Minimum Revenue Provision (MRP) for the redemption of debt 2009/10.

RESOLVED

That the Treasury Management Strategy and the MRP Statement for 2009/2010 be approved, including the Department for Communities and Local Government (DCLG) reporting requirements, in accordance with the Local Government Investments Guidance under Section 15(1)(a) of the Local Government Act 2003 (Appendix A of the report).

To approve the Statement of Licensing Policy to take effect on 1 April 2009.

Consideration was given to a report requesting Council to approve the Statement of Licensing Policy, recommended to it by the Licensing Committee, following the completion of a statutory consultation exercise.

RESOLVED

           That the Statement of Licensing Policy under the Licensing Act 2003 be approved, to take effect on 1st April 2009.

To approve the Statement of Principles under the Gambling Act 2005 to take effect from 1 April 2009.

           Consideration was given to a report, requesting Council to approve the Statement of Principles, which was recommended to it by the Licensing Committee following the completion of a statutory consultation exercise.

RESOLVED

That the Statement of Principles under the Gambling Act 2005 be 

approved, to take effect on 1st April 2009.

To consider the attached Notice of Motion, which has been submitted by Councillor F Keegan, in accordance with Procedure Rule 12

Consideration was given to the following Notice of Motion, submitted by Councillor F Keegan:-

“That this Council deprecates the Government’s proposed five percent rise in the business rate for the year 2009/10, made while calling for the Council Tax rises substantially below five percent.

Further, that this Council regrets that its efforts to consult with local businesses on ways to mitigate the effects of the current harsh recession are thereby undermined.

And further, that the Chief Executive be directed to write to the Minister to express our concerns and urge that the matter be reconsidered”.

The Chairman indicated that in view of the urgency of the issue she proposed to exercise her discretion by allowing the Motion to be disposed of at the meeting, rather than being referred to Cabinet and that the motion would be fully debated at the meeting.

RESOLVED

That the motion be approved.

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.