Agenda and minutes

In the absence of the Mayor’s Chaplain, Father Charles Razzall, the Reverend David Johnson of St Michael’s Church, Coppenhall, said prayers.

To approve the minutes of the extraordinary meeting held on 25 January 2010 as a correct record.

RESOLVED

That the minutes of the meeting held on 25^th January 2010 be approved as a correct record.

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

The Mayor–

1.                  announced that the eleventh Annual Cheshire “Built in Quality” Awards took place on Friday 5 February, with success for our local construction companies. They recognised the work of contractors, agents and architects who have constructed new buildings of a particularly high standard. A number of companies in the Borough received awards and would now go forward to the regional and possibly national award; including M H Stainton Building Contractors,Eyes Construction and Willmott Dixon, in respect of development in Alderley Edge, Knutsford and Crewe”.

2.                  referred to a unique debit card, the first of its kind in the country, which would enable older people and those with disabilities to lead more independent lives;  this had been launched by the Council last month. The Empower Card was a unique pre-loaded VISA card for individuals across Cheshire East who received a personal budget for the costs of their social care.

3.                  was delighted to report that Tatton Park had been chosen to host one of the BBC's flagship programmes – “The Antiques Roadshow” on Thursday 20th May.

4.                  was also pleased to announce that the Council was a signatory to the national 10:10 campaign, aiming to reduce our CO₂ emissions by 10% this year, and that a number of projects were underway to assist in this task.

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

Councillor G Baxendale declared a personal and prejudicial interest in agenda item 15 (Recommendations of the Governance and Constitution Committee on 19^th February 20101 – Item 1: Election of Mayor and Deputy Mayor) on the basis that he was a candidate for the office of Mayor in 2010/2011.  Councillor R West declared a personal and prejudicial interest in the same item on the basis that he was a candidate for the office of Deputy Mayor in 2010/2011.

Councillor D Flude declared a personal interest in agenda item 8 (Referral to Council of Recommendations from Cabinet – Budget Report 2010-2011) in the event that the report made reference to charitable organisations with which she was involved, as detailed on the Register of Members’ Interests.

No other declarations were made.

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 must provide 3 clear working days notice, in writing, if they wish to ask a question at the meeting. 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.

In accordance with Council Procedure Rule 35, members of the public were entitled to use the public speaking provision.

Mrs Susan Doughty took the opportunity to address the Council on allotment gardening.

She was the Chair of the newly-constituted Sandbach Allotment Society.  She wished to pose two questions to Cheshire East Council, and requested a written response in due course.

Firstly, she sought agreement that allotment gardening was a valuable leisure pursuit that provided wide-ranging community benefits, including growing healthy local produce, bringing together people from different cultural backgrounds,improving physical and mental health, providing a source of recreation and making a wider contribution to green spaces.

There were no allotments in Sandbach and residents, therefore, had no access to these benefits, although there was a considerable demand.  The Society had a membership of over 50 and interest was growing.  Earlier in the day, she had presented a petition from 20 residents to the Mayor;  the petition requested land for allotments to be provided in Sandbach under the provisions contained in Section 23 of the Small Holdings and Allotments Act 1908.

Her second question was to ask if the Council would agree to provide space for 20 allotments in Sandbach to meet the identified needs of residents.

The Portfolio Holder for Health and Wellbeing thanked Mrs Doughty for her two-part question and agreed to provide his response in writing.

He agreed with her that there were benefits to allotment gardening and it was a valuable leisure pursuit.   He considered that allotments today were not just the domain of retired older men, but encompassed young and old alike.  Allotments were now geared up so that wheelchair-users and other disabled residents could benefit from them. The Portfolio Holder expressed the wish that all Primary Schools would adopt an allotment so that young children could learn how vegetables and fruits were grown, take them back to their schools and ask the “dinner ladies” to cook them;  and then go home and educate their parents on the benefits.  Running an allotment was physical work whether that be digging, pulling out weeds or planting, so was a form of exercise which benefited all.  Allotments also acted as a social haven for people who may have lost a spouse or were suffering from depression.  Working on an allotment was of therapeutic benefit and, therefore, played a major part in the health and well-being of all residents.

In addressing the second part of the question, the Portfolio Holder stated that there were 48 allotment sites scattered across Cheshire East, some of these comprising 50+ individual allotments. Throughout Cheshire East there was a great demand and in some areas there were lengthy waiting lists.  As a result of this the Council was considering a range of potential new sites in Cheshire East, including Sandbach.

To consider the attached Notice of Motion submitted by Councillors Fletcher and Arnold.

Consideration was given to the following Notice of Motion submitted by Councillors R Fletcher and A Arnold in accordance with Procedure Rule No. 12.

“Cheshire East Council acknowledges and gives thanks to the hard work carried out by its staff, in extremely difficult weather conditions, whilst gritting some of Cheshire East’s roads and footways.

Council also calls for the adoption of a Cheshire East policy, by a review of priorities for future years especially with regard to bus routes and roads in the vicinity of primary schools.”

The motion stood referred to Cabinet.

To consider and approve the recommendations from the meeting of Cabinet held on 16 February 2010.

At its meeting held on 16^th February 2010, Cabinet had considered the report of the Borough Treasurer and Head of Assets, a copy of which was now submitted. 

Cabinet had RESOLVED the following -

That

1. the results of the Budget Consultation exercises undertaken by the Council be noted;

2. the comments of the Borough Treasurer and Head of Assets (Chief Finance Officer) be noted in respect of the robustness of estimates and level of reserves held by the Council based on the budget, as identified in Appendix B of the report;

3. the appended schedule of fees and charges be approved, save to the extent that the setting of fees and charges is exercised by other Committees, Panels or individuals under the scheme of delegation or otherwise (Appendix B, Para 199 and Annex 7 of the report);

4. the 2010/2011 Specific Grants (excluding DSG) (Appendix B, Paras 23 to 29 of the report submitted) be agreed and that Portfolio Holders be authorised to agree any necessary amendment to particular grants within their area of responsibility in the light of further information received from Government Departments or other funding bodies;

5. the 2010/2011 Dedicated Schools Grant (DSG) of £200.2m (including central expenditure of £19.7m) and the associated policy proposals (Appendix B Paras 20 to 22 and Annex 5 of the report) be agreed;

6. the Children and Family Service Portfolio Holder be authorised to agree any necessary amendment to the DSG position in the light of further information received from DCSF, pupil number changes and the actual balance brought forward from 2009/2010;

7. the risk assessment detailed in Appendix B, Paras 64 to 66 of the report, be noted;

8. in respect of  Fees & Charges (pages 165-166) the Rent of Collapsible Stall units at Alsager, Middlewich & Sandbach Retail Market be corrected as follows:

Cabinet had RECOMMENDED to Council –

That

1.            the 2010/2011 Budget Report be approved;

2.            the three-year Capital Programme for 2010/2011 to 2012/2013 be approved (Appendix B, Paras 72 to 73 and Annex 4 in the report);

3.            A Band D Council Tax of £1,216.34 (1.7% increase over 2009/2010 of £1,196.01) be approved;

4.            the Reserves Policy and Strategy be approved (Appendix C of the report);

5.            the Prudential Indicators for Capital Financial be approved (Appendix B, Paras 78 to 79 and Annex 3 of the report); and

6.  ...  view the full minutes text for item 175.

To set the Council Tax for the financial year 2010/11, in accordance with the formal resolutions as shown in section 19 of the report.

Consideration was given to a report requesting the Council to set the Council Tax for the financial year 2010-2011. 

It was noted that, at the time of writing the report, Cheshire Police Authority had not set its budget and its Council Tax precept. A revised report, indicating the Police Authority precept, was tabled at the meeting. 

RESOLVED

That

The Council Tax for the financial year 2010-2011 be approved, in accordance with the formal resolutions as shown in paragraph 19 of the report and that it be noted that the Council calculated the following amount for the year 2010-2011 in accordance with Regulations made under Section 30-36 of the Local Government Finance Act 1992 -

a.                  £735,280,857   being the aggregate of the amounts which the Council estimates for the items set out in Section 32(2) (a) to (e) of the Act.

b.                  £492,176,000   being the aggregate of the amounts which the Council estimates for the items set out in Section 32(3) (a) to (c) of the Act.

c.                  £243,104,857   being the amount by which the aggregate at (a) above exceeds the aggregate at (b) above, calculated by the Council, in accordance with Section 32(4) of the Act, as its budget requirement for the year.

d.                  £63,487,015     being the aggregate of the sums which the Council estimates will be payable for the year into its general fund in respect of redistributed non domestic rates (£55,437,042) and revenue support grant (£8,049,973) in accordance with Section 97(4) of the Local Government Finance Act 1988.

e.                  £1,237.28         being the amount at (c) above less the amount at (d) above, all divided by the amount of the tax base, calculated by the Council, in accordance with Section 33(1) of the Act, as the basic amount of its Council Tax for the year.

f.                    £3,039,857       being the aggregate amount of all special items referred to in Section 34(1) of the Act.

g.                  £1,216.34         being the amount at (e) above less the result given by dividing the amount at (f) above by the amount of the tax base, calculated by the Council, in accordance with Section 34(2) of the Act, as the basic amount of its Council Tax for the year for dwellings in those parts of its area to which no special item relates.

h.         Appendix A       being the amounts calculated by the Council, in accordance with regulations 3 and 6 of the Local Authorities (Calculation of Council Tax Base) Regulations 1992, as its total council tax base for the year and council tax base for dwellings in those parts of its area to which one or more special items relate.

i.          Appendix B       being the amounts given by adding to the amount at (g) above, the amounts of special items relating to dwellings in those parts of the Council’s area mentioned above divided by in each case the appropriate tax base from Appendix A, calculated by the Council in accordance with Section 34(3) of the 1992 Act, as the basic amounts of its Council Tax  ...  view the full minutes text for item 176.

To consider the recommendation from the meeting of Cabinet held on 16 February 2010 and to approve the Treasury Management Strategy and the MRP Statement for 2010/11, which includes 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, as set out in Appendix A of the report.

Consideration was given to a report presenting the Treasury Management Strategy for 2010-2011 to 2012-2013 including the prudential indicators and limits required under Part 1 of the Local Government Act 2003 and the Annual Investment Strategy 2010-2011 and Annual Policy Statement on Minimum Revenue Provision (MRP) for the redemption of debt 2010-2011.

The Strategy included the Communities and Local Government reporting requirements in accordance with the Local Government Investments Guidance under Section 15(1)(a) of the Local Government Act 2003.

Cabinet had considered this report at its meeting held on 16^th February 2010 and had recommended its approval to Council.

RESOLVED

That the Treasury Management Strategy and the Minimum Revenue Provision Statement for 2010-2011 be approved.

To approve a Supplementary Capital Estimate of £1,044,904 for a Housing Grants scheme.

At its meeting held on 19^th January 2010, Cabinet had considered a Financial Update report which set out the financial position of the Council at the three-quarter year stage.

Finance Procedure Rules required the approval by Council of requests for supplementary estimates in excess of £1m. Cabinet recommended that Council approve a Supplementary Capital Estimate of £1,044,904 for a Housing Grants scheme (ex-Macclesfield Borough Council).

RESOLVED

That a Supplementary Capital Estimate of £1,044,904 for a Housing Grants scheme (ex-Macclesfield Borough Council) be approved.

To approve the Calendar of Meetings for 2010/11.

Council was invited to approve a calendar of meetings for the Municipal Year 2010-2011. The calendar had been considered by the Governance and Constitution Committee at its meeting held on 21^st January 2010, following which a consultation exercise had been undertaken with the Leader, Cabinet Members, Committee Chairmen and Group Leaders. 

RESOLVED

That the Calendar of Meetings for Cheshire East Council for the Municipal Year 2010-2011 be approved.

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

1. Appropriation of Land for car parking purposes.

2. Proposed Off-Street Parking Places Order for the former Congleton Borough Council Area.

The Leader of the Council reported the following Key Decisions which had been taken under the urgency provisions of Procedure Rule 44 of the Council’s Constitution.

(1)               The appropriation of various parcels of land in Sandbach, Congleton, Alsager, Middlewich and Holmes Chapel for car parking purposes; and

(2)               Proposed Off-Street Parking Places Order for the former Congleton Borough Council area.

The Chairman of the Environment and Prosperity Scrutiny Committee had agreed that, in accordance with Scrutiny Procedure Rule 13, these decisions would be considered as urgent.

In accordance with Procedure Rule 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. (Calculated from midnight to midnight).

The Mayor reported that two questions had been submitted by Councillor D Flude.  The questions, as submitted, together with a summary of the responses, were as follows –

Question 1 - Submitted by Cllr D Flude

“Can this Council have a full cost breakdown of the new/revised charges
2010 /2011 for a marriage at Approved Premises?

[1]        Monday to Friday                             £385.00

[2]        Saturday up to 2 pm                         £460.00

[3]        Saturday after 2pm                           £600.00

[4]        Sunday & Bank Holidays                £500.00

[5]        New Bank Holidays                          £800.00”

The Safer and Stronger Communities Portfolio Holder responded –

“There had been no substantive review of fees for the Registration Service in the former Cheshire County Council for a number of years. The creation of the new Authority had created an opportunity to examine the costs of the Registration Service.  In the early stages of the review, it was found that the Registration Service fell a long way short from being self-funding

Research showed that approximately 70% of couples holding ceremonies at approved premises were not resident in Cheshire East and the question raised was “should Cheshire East residents subsidise this service?”

It was the view of Cheshire East Council that the basic cost of marriages or civil partnerships must be kept within the means of all residents of the Borough. It was decided, therefore, to keep the ceremony charges at the Register Office in Crewe and the Registration Office in Macclesfield throughout the week at the statutory fee set by central government of £43.50.

Fees for ceremonies at approved premises had been increased significantly which brought the Service much closer to being self-supporting.

The fees charged for Bank Holidays and Saturdays at 2.00 pm reflect demand and allow the diaries and resources to be used to their maximum effectiveness.

Despite the increased charges, early signs are indicating that bookings for the ceremony year 2010-2011 will be higher than those of 2009-2010.

Fees will be kept under review, but there is no intention to increase fees again in the near future.”

Question 2 - Submitted by Cllr D Flude

“Why have the Ward Councillors’ budgets for the un-parished parts of Crewe been removed from the 2010 /2011 Budget?

Has the £24,181 [2009 /2010] Crewe Ward Councillors’ budget been incorporated in to the Community Grants Budget?”

The Resources Portfolio Holder responded -

“The budget for 2010-11 does not include an allocation for Councillor ward budgets in Crewe as this approach has not been used in other non-parished areas across Cheshire East. However, the budget amount of £24,181 has been incorporated into the community grants pot for next year and will therefore be available for use by community and voluntary groups in all areas.”

To consider the recommendations from the meeting of the Governance and Constitution Committee held on 19 February 2010: -

(1)    Procedure for Election of Mayor and Deputy Mayor and adoption of a Mayoral Code of Practice

(2)    Delegation of Licensing Functions (Minor Variations)

Council was invited to consider recommendations from the meeting of the Governance and Constitution Committee held on 19^th February 2010.

(1)                           Election of Mayor and Deputy Mayor

The Committee had considered the recommendations of the Civic Sub-Committee in relation to the election of the Mayor and appointment of the Deputy Mayor.

The Committee had concurred with the view of the Sub-Committee that seniority was not the best approach but that any candidate for the post should have a minimum of one full term’s experience as a councillor. The Committee also agreed on the need for all political groups to have an opportunity to be involved in the selection process.

The Committee had considered a draft Mayoral Code of Practice which  it was agreed be recommended for adoption by Council.

Council accepted the recommendations of the Governance and Constitution Committee and –

RESOLVED

That

1.                  each year, the Deputy Mayor will normally succeed to the Mayoralty in the following year;

2.                  each year, the Deputy Mayor will be chosen by full Council at the recommendation of the political group which has the majority of Council Members, provided that in making such choice, another political group or groups may be invited to put forward a nomination for consideration by the majority group;

3.                  this approach be adopted in respect of the election of Mayor and appointment of Deputy Mayor for the 2010-2011 Civic Year and beyond; and

4.                  the draft Mayoralty Code of (Mayor and Deputy Mayor) Practice, as amended, be adopted by the Council and incorporated into the Council’s Constitution with such consequential amendments as the Borough Solicitor considers necessary to give effect to the wishes of Council.

(2)                           Delegation of Licensing Functions (Minor Variations)

The Committee had considered a report on a delegation of functions in relation to ‘minor variations’ under the Licensing Act 2003 submitted by the Licensing Committee to the Head of Safer and Stronger Communities.

The scheme of delegation as set out within the Council’s Constitution currently delegated licensing functions under the Licensing Act 2003 to the Head of Safer and Stronger Communities, subject to certain exceptions, including circumstances where relevant representations had been received and not withdrawn. In accordance with the Secretary of State’s Guidance to licensing authorities, the Licensing Committee on 18^th January 2010 had resolved to delegate decisions in relation to ‘minor variations’ to licensing officers.

A number of changes to the Constitution were required to reflect the Licensing Committee’s decision.

Council accepted the recommendations of the Governance and Constitution Committee and –

RESOLVED

That the Borough Solicitor be authorised to make such changes to the Constitution as he considers necessary in order to give effect to the wishes of the Council in this regard, including those changes set out within Appendix 2 to the report (submitted to the Governance and Constitution Committee on 19^th February 2010).

(3)                           Supplementary Questions at Council Meetings

On 17^th December 2009, after a recommendation from the Committee,  Council had resolved to remove from  ...  view the full minutes text for item 182.

There were no urgent items of business.