Agenda and minutes

Councillor S Wilkinson said prayers, at the request of the Mayor.

To approve the minutes as a correct record.

RESOLVED

That the minutes be approved as a correct record.

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

The Mayor :-

1. Welcomed Cllr Matthew Lloyd to his first meeting of the Council. Councillor Lloyd had been elected to the Council at the by-election, held on 30 September 2010, due to the sad death of Councillor Liz Gilliland.

 2.  Referred to the Grant of Arms made to the Council, a few weeks earlier. At the time, it had not been possible to display the document, but he was pleased to announce that the necessary work has now been carried out and that the document was on display at the rear of the Council Chamber.

 3. Announced that he had recently met many young people from Cheshire East who have signed up for the new De Vere Academy of Hospitality at Wychwood Park in Crewe. The Academy had been supported by the Economic Recovery Task Group and as a result, 73 apprentices were now working towards careers in the  hotel and catering industry with more joining in November  and January.

4.   Announced that the Council had a very successful campaign at the recent Nantwich Food and Drink Festival, with over 30,000 people attending the event. The final Love Food Hate Waste campaign would take place at the North West Food Lovers Festival at Tatton Park 22-24 October.

5.      Announced that on Tuesday 12 October, he had had the pleasure of meeting over 100 young  people, from Cheshire East’s primary schools who had signed up to  be Junior Energy Monitors. He was there as part of European Democracy Week, together with Councillors Livesley and Smetham.  The Junior Energy Monitors were sending in ideas on how to save money  on their school’s energy bills and those with the best ideas would  be invited to have lunch with the Mayor, before the December

Council meeting, at Macclesfield Town Hall and then watch that part  

 of the Council  meeting when their ideas would be presented to Members.

6.       Reported that the Mayoral Diary has been very busy, with wall to wall engagements and made further reference to the recent Mayor’s Ball, which had raised £2,000 for the Mayor’s Charity. The Mayor thanked all those who had attended.

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

With reference to minute 59, Honorary Aldermen and Freemen, the Mayor reported that personal interests would be recorded for all those Members who were Honorary Aldermen and Freemen as follows :-

Councillors :-

JP Findlow

 A Moran

S Wilkinson

S Hogben

T Beard

B Silvester

C Thorley

D Brown

R Domleo

P Edwards

E Fletcher

D Hough

C Andrew

P Whiteley

J Crockatt

T Jackson

With reference to item 16, Waste Treatment PFI Contract-Identification of Provisional Preferred Bidder, Cllr Menlove declared a personal interest, as Chairman of the Tatton Conservative Association, in view of the fact that the MP for Tatton, George Osborne was the Honorary Life president of CHAIN.

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.

There were no members of the public present, wishing to use public speaking time.

To consider the attached Notice of Motion, submitted by Councillor D Flude.

Consideration was given to the following Notice of Motion, submitted by Cllr D Flude :-

Following the resolution of this Council on 25^th January 2010 when it was resolved :-

“To accept the vote from the people of Crewe and to reject a Town Council for Crewe at this time”;

in the light of the passage of time and the proposed Special Expenses Community Charge for the Town Crewe;

will this Council now return to the matters considered on the 25^th January and ask the Constitution Committee to undertake a further Community Governance Review for Crewe.

RESOLVED

That the motion stands referred to the Constitution Committee for consideration.

To receive the Annual report on Public Health in Central and Eastern Cheshire.

Consideration was given to the Annual Report on Public Health in Central and Eastern Cheshire, which had been the subject of an informal presentation, given by Dr Heather Grimbaldeston, Director of Public Health, in advance of the formal meeting.

RESOLVED

That the report be received and noted.

To consider the recommendations of Cabinet.

Consideration was given to the recommendation from Cabinet regarding the Local Development Framework Process and consequential amendments to Constitution.

Cabinet had considered the current arrangements for developing and finally approving the Local Development Framework (LDF) documents and to proposed amendments to that process, in order to streamline it whilst maintaining appropriate opportunities for Members to be consulted and to contribute to the LDF preparation and approval process. The Sustainable Communities Scrutiny Committee and the Environment and Prosperity Scrutiny Committee had also considered the report and their recommendations had been submitted to Cabinet.

RESOLVED

1.      That the revised procedures for approving the LDF documents as set out in Appendix 2 of the Cabinet report, be approved.

2.      That  the Borough Solicitor be authorised to make any necessary and consequential amendments to the Constitution, including additions to the terms of reference of Strategic Planning Board.

3.      That regular meetings of the LDF Panel take place during each stage of the process.

To consider the recommendations of Cabinet as set out in Item 10 which is circulated as a separate agenda pack.

Consideration was given to the recommendation from Cabinet relating to the Local Development Framework Documents.

Cabinet had considered those reports forming part of the Cheshire East

Local Development Framework , which had been revised in the light of

comments received during the consultation process. The Sustainable Communities Scrutiny Committee and the Environment and

Prosperity Scrutiny Committee had also considered the report and their recommendations had been submitted to Cabinet.

RESOLVED

That the Statement of Community Involvement, the Alsager Town Centre Supplementary Planning Document, the Smallwood Village Design Statement Supplementary Planning Document, the Local List of Historic Buildings and its accompanying Supplementary Planning Document be approved and adopted.

To consider the recommendations of the Constitution Committee.

Consideration was given to the recommendations from Constitution Committee relating to a review of the Constitution. The Committee had considered proposed changes to the Council and Committee Procedure Rules, as part of the review of the Council’s Constitution. Cabinet Members and Directors had been consulted and no specific matters had been raised. However, Democratic Services Officers had identified the following issues:-

1)           The Constitution was silent on the specific requirements relating to the Local

        Government Act in relation to timescales for holding the Annual Meeting

of Council. The following was therefore proposed:

“ANNUAL MEETING OF THE COUNCIL

Timing and business

In a year when there is an ordinary election of Councillors, the annual meeting will take place within 21 days of the retirement of the outgoing Councillors. In any other year, the annual meeting will take place in March, April or May on a date the Council will decide at or before their last meeting prior to the Annual General Meeting. In the absence of a decision or statutory provision to the contrary the day will be the third Thursday in May.

The annual meeting will:

(i)                 elect a person to preside if the Mayor is not present;

(ii)               elect the Mayor;

(iii)             elect the Deputy Mayor;

(iv)              approve as a correct record and sign the minutes of the last  meeting;

(v)                receive any communications from the Mayor;

(vi)              receive any declarations of interest from members;

(vii)            appoint the Overview and Scrutiny Committees, the Standards  Committee and such other committees as the Council considers appropriate to deal with matters which are neither reserved to the Council nor are Executive functions;

(viii)          consider any business set out in the notice convening the meeting.”

2)     The Constitution was silent on the Order of Business for ordinary Council meetings. This should be listed so that members, officers and the public had certainty. The following was therefore proposed:

“Council will:

(i)         elect a person to preside if the Mayor and Deputy Mayor are not present;

(ii)      approve as a correct record and sign the minutes of the last meeting;

(iii)             receive any communications from the Mayor;

(iv)              receive any declarations of interest from members;

(v)                deal with any business outstanding from the previous Council meeting;

(vi)              receive questions from the public;

(vii)      receive any recommendations from the Cabinet or any Council Committee;

(viii)          receive questions from Members;

(ix)              consider any motions moved without notice;

(x)                consider any motions;

(xi)              consider any urgent items;

(xii)            consider any other business set out in the notice.”

3)     The existing provision relating to special Council meetings was considered incomplete and the following was proposed in its place:

“EXTRAORDINARY MEETINGS

Calling extraordinary meetings.

Those listed below may request the Chief Executive to call Council meetings in addition to ordinary meetings:

(i)        the Council by resolution;

(ii)       the Mayor of the Council;

(iii)      the Monitoring Officer; and

(iv)      any eight members of the Council if they have signed a requisition presented to the Mayor and he/she has refused to call  ...  view the full minutes text for item 58.

To consider the recommendations of the Constitution Committee.

Consideration was given to the recommendation from Constitution Committee relating to Honorary Aldermen and Freemen. The Civic Sub-Committee had previously considered a report on matters relating to the Honorary Aldermen and Freemen of Cheshire East Council, who had been admitted from the demised authorities. Cheshire East Council now needed to consider its own arrangements. A draft Scheme had been considered by the Civic Sub-Committee and the Constitution Committee and it had been resolved that the draft scheme be recommended to Council for approval, subject to several changes:-

RESOLVED

That the draft scheme relating to the appointment, rights and privileges of Honorary Aldermen and Freemen as appended to the report to the Constitution Committee be approved and adopted and incorporated into the Constitution, subject to the following:-

1.      for the purposes of the scheme, the term ‘eminent service’ shall mean a minimum of 12 years’ service, whether consecutive or otherwise. Where a Member has served on more than one former authority of Cheshire East, whether concurrently or otherwise, including the shadow authority, the service with each authority shall be taken into account separately for the purpose of determining eminent service.

2.      Honorary Aldermen of Cheshire East Council shall enjoy such privileges as may properly be conferred by the Council from time to time and in particular shall be entitled:

(1) to attend civic receptions and other civic functions or ceremonies to which all Members of the Council are invited and to be provided with a car parking pass, and where the spouses and partners of Members are able to attend so shall the spouses and partners of Aldermen;

(2) to attend meetings of the Full Council and be provided with a car parking pass and be allocated a seat in the reserved part of the Council Chamber, and receive Council papers, including Part 1 reports, by email or post as desired;

(3) to be notified on a regular basis of significant civic matters by the Democratic Services Manager, including the deaths of Members, former Members and Honorary Aldermen/Freemen;

(4) to be provided with a pass on request when visiting Council premises;

3.      the rights and privileges conferred on Honorary Aldermen under this Scheme shall also apply to Honorary Freemen;

4.      where the title of Honorary Freeman has been conferred on a body or organisation, an appropriate representative of that body shall be invited to attend any relevant functions;

5.      a further report be submitted to the next meeting of the Constitution Committee, dealing with the rights and privileges of Honorary Aldermen/Freemen and serving Councillors in relation to attendance at civic functions, including the County Show and RHS Show, and access to Tatton Park, the report to include any resource implications and the rationale for any charges involved.

To consider the recommendations of the Constitution Committee.

Consideration was given to the recommendation from Constitution Committee relating to the Council’s Flag Flying Policy. The Civic Sub-Committee had considered proposals for a flag flying policy for civic buildings in Cheshire East. The policy covered those occasions on which it would be appropriate to fly different flags from the Council’s public buildings, in particular the Union Flag, English National Flag, Cheshire East Borough Flag, Armed Forces Flag and the national flags of overseas visitors. The manner of flying the flag in particular circumstances was also dealt with. The Sub-Committee had agreed that the Union Flag should also be flown at half mast in the event of the death of a soldier from the Mercian Regiment whilst on active service. The Sub-Committee had recommended the proposed Flag Flying Policy to the Constitution Committee, who had, in turn, recommended the policy to Council for approval.

RESOLVED

That the proposed Flag Flying Policy in respect of civic buildings in Cheshire East, as attached to the report to the Constitution Committee, be approved.

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.

Question 1

Councillor S Furlong had submitted the following question :-

NHS White Paper

“On July the 13^th the Secretary of State for Health Andrew Lansbury announced the NHS White Paper “Equity and Excellence - Liberating the NHS” How will this paper improve the health care and choice for the residents of Sandbach in the future”?

Councillor A Knowles, Portfolio Holder for Health and Wellbeing responded as follows :-

“Thank you very much for your question. Although you stipulate Sandbach, the answer will be relevant for all our Villages and Towns in Cheshire East. The basic principles of the NHS White Paper are very straight forward and simple:-

(1) Putting Patients and Public First

(2) Focusing on Improvements in Quality and Healthcare Outcomes

(3) Autonomy,Accountability and Democratic Legitimacy

(4) Cutting Bureaucracy and Improving Efficiency

There are many benefits, but I want to focus on just one. The main part of the legislation that will impact on us as a local authority is transferring local health improvement functions  to us from the PCT. What this can mean for us now is taking ownership of really getting to grips with tackling the Health issues in Cheshire East, such as consequences of an aging population, Health Inequalities and preventable deaths, through lifestyle modification, all mentioned by Dr Heather Grimbaldeston, in her presentation earlier today. As a Council, we know where our deprived estates are and where we need to focus on to tackle health inequalities, but also involving regeneration, housing and education, to bring a joined up approach. Because Public Health has come to the Authority we can for the first time come at this problem, bringing all the Councils departments to tackle this issue.

For a long time we have known that C.E.C has the fastest growing ageing population in the North West and with this demographic scenario we have to start planning and prioritising service delivery towards them. We know, for example, that 10% of all ambulance call outs are for people aged 65 and over, who have fallen, of which 60% end up being taken to hospital.

Preventable deaths through lifestyle modification - this again is very tied up with health inequalities. The main causes of premature deaths - 36% are cardiovascular disease. With Public Health coming to the Authority, we can work with our Leisure Services, getting the population more active, educate on non smoking and lifestyle change. So it brings everything together.

Finally, the LAPS will act as the conduit for us to burrow down to the street level, to recognise where to put our time, effort and recourses on health prevention.

So this is only one aspect of the NHS White Paper that will impact on us. Positively, there’s more, but this alone will, I believe, improve dramatically the future health of our residents, whether it be in towns or rural areas”.

Question 2

Councillor R Cartlidge had submitted the following question :-

Allotments Crewe

“Is the Cabinet member aware of the considerable distress that has  ...  view the full minutes text for item 61.

As Members of the public and representatives from the Mercian Regiment were present for the Special meeting of the Council, which was to consider the granting of the Freedom of the Borough to the Mercian Regiment, the Mayor adjourned the meeting, before consideration of items 15 and 16 of the agenda, in order to allow consideration of the agenda for the Special Council Meeting, before the public were excluded from the meeting, in order that they would not be kept waiting.

The meeting was reconvened, following the Special Council Meeting and the following items of business were then considered.

The report relating to the remaining item on the agenda has been withheld from public circulation and deposit pursuant to Section 100(B)(2) of the Local Government Act 1972 on the grounds that the matter may be determined with the press and public excluded.

The Council may decide 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 public interest would not be served in publishing the information.

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 involved the likely disclosure of exempt information, as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972 and public interest would not be served in publishing the information.

To advise Council of the executive decision taken in respect of the Identification of a provisional Preferred Bidder for the Waste Treatment PFI and to endorse the  decision.

At a meeting earlier in the day, Cabinet had considered the report of the Waste Treatment PFI Project Director, in relation to the Waste Treatment PFI Project.  The report had been considered by Chester West and Chester Borough Council’s Executive on 29 September 2010 and that decision was due to be considered at its full Council meeting later in the day.

Cabinet had resolved that approval be given to the choice of a Provisional Preferred Bidder for the Waste Treatment Contract, subject to the availability of the Government PFI revenue support over the life of the project, in accordance with the report to Cabinet and that Council be requested to endorse this decision.

RESOLVED

That the Cabinet decision be noted and endorsed.