Agenda and minutes

The Reverend Charles Razzall said prayers, at the request of the Mayor.

(The Mayor reported that she had been advised that the item relating to the Leader’s report should be taken in Part 2 of the agenda and that, subject to the agreement of Council, and in accordance with Procedure Rule No. 5, she intended to vary the order of business to take it after the item relating to urgent items of business.  Council so agreed. )

To approve the minutes as a correct record.

RESOLVED

That the minutes be approved as a correct record, subject to an amendment to minute 132 – Declarations of Interest, to add Councillor Fletcher to the list of Members who had declared personal interests by virtue of membership of the Cheshire Fire Authority.

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

The Mayor:-

1. Referred to the recent sad death of the former Macclesfield Borough Councillor, Tom Scanlon, who was Mayor of the Borough from 1998-1999. Mr. Scanlon had worked as an employee of Wilmslow Urban District Council and completed 21 years’ service as a Macclesfield Borough Councillor. He was also honoured with the title of Honorary Alderman, in March 2009, in recognition of eminent services rendered to Macclesfield Borough Council. He would be greatly missed.

2. Announced the sad death of former Crewe and Nantwich Borough Council Councillor Malcolm Rowley, who would also be greatly missed.
3. Announced that an annual Ofsted inspection had rated Children’s Services in Cheshire East as level 3 or ‘Performs Well’. This meant the overall effectiveness of inspected services were good or better.  Childcare, nursery education and primary schools were better than similar areas and that found nationally. Inspectors also found that there was adequate provision from the Council’s secondary schools, but this could be improved, compared with others nationally. All the Council’s special schools were good and their performance was above that found in similar areas and that seen nationally. 

4. Announced that, in their daily fight against crime and anti-social behaviour, Community Wardens had been given new powers to obtain names and addresses of offenders and to deal with issues arising from drinking in public places. The powers followed their achievement of the Community Safety Accredited Persons Certificate NCFE Level 2. To obtain these qualifications a high level of commitment and dedication was required. The Mayor congratulated all Community Wardens in the Authority.

5. Announced that she was delighted to report that the Council had received a very positive first Comprehensive Area Assessment report after only eight months as a Council. The Comprehensive Area Assessment was carried out by six Inspectorates and outlined how effectively Cheshire East Council, Cheshire Fire and Rescue Service, Cheshire Police and the Primary Care Trust were catering for local people and the likelihood of improvements in the future.

The Council had been praised for its work so far and assessed as good and indeed better than many other parts of England, in most services.  While there was much work to do, this was a remarkable achievement in such a short space of time.

6. Announced that she and her Consort had undertaken a wide and varied selection of official engagements since the last Council meeting and had particularly enjoyed the Christmas festivities at the schools.

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

Councillor A Arnold declared a personal interest in the item relating to Police Authority Representatives on the Sustainable Communities Scrutiny Committee, by virtue of being a member of the Police Authority.

In accordance with Procedure Rule 35, 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 Mayor 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 must provide 3 clear working days notice, in writing, if they wish to ask a question at the meeting, in order for an informed answer to be given. There is no requirement for notice to be given of the intention to make use of public speaking provision. However, as a matter of courtesy, a period of 24 hours notice is encouraged.

1.      Mr I Knowlson used public speaking time to make a statement, on behalf of the residents and traders of the former Congleton Borough, in respect of the introduction of car parking control and parking charges in that area. He considered that proper consultation had not taken place in respect of the scheme and that insufficient consideration had been given to objections to the scheme in respect of:  the effect on the local economy;  the environment for residents; locations where people chose to park,; health and safety impact on children playing; and additional costs to businesses in the town centre.

Mr Knowlson requested that the Council work with local residents and traders, in order to get a fairer car parking charging scheme across the Borough.

2.      Mr K Edwards used public speaking time to request that the Council consider whether it could put in place a structure to consider local highway issues in local towns. Mr Edwards stated that he was a member of the Macclesfield Local Area Partnership and had seen a genuine commitment amongst partners to come together to work towards improving the area of the Local Area Partnership, in this regard. However the Local Area Partnership did not deal with all aspects of local working that Town and Parish Councils were concerned with and highways issues had been overlooked.

To consider the attached Notice of Motion, submitted by Councillors A Moran and D Flude.

Consideration was given to the following Notice of Motion moved by Councillor A Moran and seconded by Cllr Flude:-

This Council calls upon the Executive to recognise the need to improve the conduct of decision-making and consultation   in relation to all matters relating to the Council’s responsibilities as a Highways Authority and its responsibilities through its Transport Policies.

In particular, the Council calls upon the Executive Members with responsibility for Strategic Planning and the Environment to recommend the establishment of bodies, which would effectively carry out the public functions which were previously the responsibility of the three Joint Highways Committees and the Public Transport Liaison Committees, within the area now governed by Cheshire East.

These responsibilities should include the public consideration of decisions in relation to parking, Traffic Regulation Orders, Speed limits and engineering improvements and all other matters where effective transparent consultation and decision making is required.

The Council asks for Committees of local Councillors to be established in each of the previous areas covered by Macclesfield, Congleton and Crewe and Nantwich Borough Councils  and provision to be made for the involvement of the police and where relevant town and Parish Councils. The Committees to be empowered to receive and consider representations by the public where these are appropriate.

The motion  stood referred to Cabinet.

              To approve the Supplementary Capital Estimate and virement requests over £1.0m, or which require funding from later years, or which are funded from reserves, as detailed in Section 11 and  Appendix 1 of the report.

Consideration was given to a report requesting approval of Supplementary Capital Estimate and virement requests of over £1.0m, or which required funding from later years, or which needed to be funded from reserves, as detailed in Section 11 and  Appendix 1 of the report submitted.

RESOLVED

1.      That the following Supplementary Capital Estimates (SCE) and Virement requests of over £1.0m, or  which  required funding from later years, or which are funded from reserves, as detailed in Section 11 and  Appendix 1 of the report be approved:-

a.     Christ the King Catholic & C of E Primary School £3,039,000

b.     Stapeley Broad Lane Primary School £906,000

c.      Offley Primary School  £845,000

d.     Energy Efficiency – Invest to Save £75,000

2. That, subject to grant approval, an SCE of £2.2m, to be fully funded by Connected for Health grant, for the Common Assessment Framework Demonstrator Bid, as detailed in Section 11 of the report submitted, be approved.  

3. That the use of General Reserves to fund the following items, as detailed in Section 11 of the report be approved :-

a.     £75,000 in 2009-10 for energy efficiency measures to reduce Carbon Emissions. 

b.     Round 2 Voluntary Redundancy costs of up to £5m, together with the additional future payment of actuarial costs.

4.      That the use of General Reserves to create the following new earmarked reserves as detailed in Section 11 of the report, be approved :-

a.     Invest-to-Save Projects (£2m)  

b.     Enabling Local Working  (£625,000)

To consider recommendations to Council from the Governance and Constitution Committee in respect of the following matters:-

a.  Police Authority Representation on the Sustainable Communities  Scrutiny  Committee (Pages 27-32)

b.  Cabinet Support Members (Pages 33 -38)

c.  Questions at Council (Pages 39 - 42)

Consideration was given to the recommendations to Council from the Governance and Constitution Committee in respect of the following matters:

(a)               Police Authority Representation on the Sustainable Communities  Scrutiny Committee

The Governance and Constitution Committee, at its meeting on 19 November 2009 had considered proposals for Police Authority representation on the Sustainable Communities Scrutiny Committee.

The Council had designated the Sustainable Communities Scrutiny Committee as the Committee to discharge the Council’s responsibilities for crime and disorder functions, in accordance with Section 19 of the Police and Justice Act 2006. The Home Office had issued guidance in connection with Sections 19 and 20 of the Act which stated that ‘Local Authorities should, in all cases, presume that the Police Authority should play an active part at committee when community safety matters were being discussed and particularly when the Police were to be present’.

The guidance contained three options for ensuring Police Authority involvement in community safety matters. The Governance and Constitution Committee had considered the merits of each in relation to the circumstances of Cheshire East Council and its representation on the Police Authority. Option 2, which involved issuing the Police Authority with a standing invitation to attend the Sustainable Communities Scrutiny Committee as an ‘expert adviser’, appeared to give the Police Authority flexibility to send different representatives to individual meetings of the Scrutiny Committee, depending on the subject matter before the Committee.

The guidance also recommended developing a protocol between partners.

RESOLVED

1. That Cheshire Police Authority be informed that the Council supports the appointment of a Police Authority representative to the Sustainable Communities Scrutiny Committee, in accordance with option 2 as contained in the Home Office Guidance on Sections 19 and 20 of the Police and Justice Act 2006.

2. That the Borough Solicitor be authorised to make such changes to the Council’s Constitution as he considers necessary to give effect to the wishes of Council to recognise that Cheshire Police Authority receives a standing invitation to attend meetings of the Sustainable Communities Scrutiny Committee, in order for the Police Authority representative to act as an ‘expert adviser’ in respect of Community Safety matters.

3. That the Sustainable Communities Scrutiny Committee be requested   to develop a Protocol which sets out the mutual expectations of Scrutiny Members and partners in connection with the involvement of the Committee in the Community Safety Scrutiny Process.

(b)  Cabinet Support Members

The Governance and Constitution  Committee, at its meeting on 19 November 2009, considered proposed changes to the arrangements for Cabinet Support Members in relation to Scrutiny committees.

All four Cabinet Support Members had been appointed as members of overview and scrutiny committees.

It was felt, for reasons set out in the report, that there was potential for conflict between the role of the four Cabinet Support Members and their membership of overview and scrutiny committees, due to the executive nature of their role, albeit without direct responsibility for executive decision-making.

RESOLVED

1. That Cabinet Support Members should not be permitted to be members of Overview and Scrutiny  ...  view the full minutes text for item 153.

In accordance with Procedure Rules 11, opportunity is provided for Members of the Council to ask the Chairman, 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.

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

The questions submitted, together with a summary of the responses are set out below:-

Question 1 – Submitted by Cllr R Walker CBE

How many (serving and ex-service) Service personnel who have been (seriously) injured in the operations in Iraq and Afghanistan are currently living in Cheshire East?  What is the Council and its partners doing to assist them in their recovery and to support them in their futures?"

The Leader of the Council responded:-

“Unfortunately the Council is not party to the information on the numbers of seriously injured Service personnel from these particular conflicts who are now living in Cheshire East.  The information regarding each individual is out of necessity kept confidentially, for personal medical and security reasons.

We are checking to establish if any such individuals have been referred to the Adults Social Care Physical Disabilities Team and if this provides some information it will be conveyed to Councillor Walker in writing.  We are also checking with colleagues in the Health service to establish if they have any database of such patients that might provide an indication of numbers, and again this will be passed on if available.  This includes those who may have been referred to the Cheshire and Wirral Partnership Trust that deals with those with mental health issues.

I can assure the Councillor that Cheshire East is committed to providing the best services it can for all people with physical or mental disabilities, and those who might be recovering from injuries, sustained through active service or other incidents or accidents.  This includes concessionary use of leisure facilities for example.  We will also do all we can working with our health partners to help with the rehabilitation of any such personnel who are made known to us”.

Question 2 – Submitted by Cllr D Flude

Council Publications

Recent articles in the national press have highlighted local authorities where services have been cut. In one authority the first action of the new Leader was to close down the local Council run newspaper because, in his opinion, it was “publishing politics on the rates”. He stated that he wanted to pass on the savings for the things that really mattered to the residents, like Children’s Services.

Will the Executive Member confirm that the budget for this department is £1.45m, with an extra £300,000 from transition costs and will the transition cost be rolled over into 2010/2011?

What is the production cost of one edition of Cheshire East News, including staff time and the cost of delivery?

This Council has recently published a Scrutiny Bulletin.

How much has this publication cost to produce and distribute including staff time?

The Performance and Capacity Portfolio Holder responded:-

“Yes,Yes and no.

The cost per issue of printing and distribution of Cheshire East News is £32,000. We now have an established brand, which is all done in-house and we should commend the Communications team for this.

The Council is at the stage of developing a Scrutiny newsletter with the Scrutiny team.  ...  view the full minutes text for item 154.

There were no urgent items of business to consider.

RESOLVED

That the press and public be excluded from the meeting during consideration of the following item pursuant to Section 100(A)4 of the Local Government Act 1972 on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972 and the public interest would not be served in publishing the information.

The Leader of the Council to report the following Key Decision, which has been taken under the urgency provisions contained within Council Procedure Rule 44:-

Sale of County Hall, Chester and associated land.

Council having agreed that this item should be taken after the Exclusion Resolution; the Leader of the Council reported the following Key Decision, which had been taken under the urgency provisions contained within Council Procedure Rule 44:

   Sale of County Hall, Chester and associated land.