Agenda and minutes

Apologies were received from Councillors G Barton, S Broadhurst, S Conquest, S Furlong, M Hardy, A Martin and S McGrory.

To approve the minutes as a correct record.

That the Minutes of the meeting held on 24 February 2011 be approved as a correct record, subject to the inclusion of apologies from Councillor G Barton.

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

The Mayor: -

1          informed Members that before today’s meeting that he had had the pleasure, along with Councillor Fitzgerald, to present Councillors Elsie Alcock, Carolyn Andrew, David Brickhill, Peggy Martin, Lesley Smetham, Diana Thompson, Christine Tomlinson, Jacquie Weatherill and Paul Whiteley with their ITQ Level One Computing Certificates, which they had achieved after weeks of study with Macclesfield College, during the summer and autumn of last year.

2          announced that the Mayor’s Charity Football Match would take place on Sunday 8 May at Macclesfield Town Football Club.  The Mercian Regiment would be playing the All Stars Football Team – made up of actors from Coronation Street and Emmerdale.  All proceeds would be going to the Army Benevolent Fund.  The event would commence at midday, with kick off at 2 pm.  Tickets were available from the Macclesfield Town ticket office. 

3          announced that the return rate for Cheshire East had been good and so far was around 4% higher then the national average.  Detailed figures would be released in June.  Members were asked to encourage people to fill in their forms before the deadline.

4          reported that the A34 Alderley Edge Bypass had won the Silver Award at the Considerate Constructors Awards 2011 earlier this month and had also been shortlisted for  ‘Public Private Partnership Achievement of the Year’ at the MJ Awards, taking place in June 2011. He congratulated everybody who had been involved in the planning and construction of the award winning road, including the Council’s partner in this project Birse Civils.

5          reported that the Cheshire Fire and Rescue Service had been awarded the "Fire Service of the Year" award at the inaugural Emergency Services Awards held at Arsenal's Emirates Stadium on Thursday 7th April.

6          reported that the Cheshire East Schools Music Competition had taken place at Tatton Park last Friday.  The winners were Bollinbrook Primary School and Sandbach School.  The Competition, run by the Council’s Music Service and the renowned Foden’s Brass Band, had seen more than 300 students from nine schools compete.  He congratulated all students and staff who had worked hard to make the competition a great success.

7          informed Members that recent figures revealed that over 3 million items, which included books, CDs and DVDs, had been loaned by Cheshire East Libraries between April 2010 and March 2011.  It was hoped that this figure would help Cheshire East Council maintain its title as the most prolific lender of books of all unitary authorities in the country.

8          referred to the recent death of Honorary Alderman Muriel Clampett, who had been a former Mayor and Member of Macclesfield Borough Council.

9          informed Members that he had learnt today of the death of former Crewe and Nantwich Borough Councillor Barbara Teale.

10        reminded Members that the Annual Council meeting would take place on one day this year – Wednesday 18 May at 11 am, and not over two days as in previous years.  ...  view the full minutes text for item 104.

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

Councillor R Fletcher declared a personal interest in Item 7 of the agenda, relating to the second Notice of Motion, as his mother was a customer of Cheshire East Council.

Councillor R West declared a personal and prejudicial interest in Item 10 of the agenda, relating to the Election of the Mayor and Deputy Mayor for the 2011/12 Civic Year, by virtue of the by virtue of the fact that it was recommended in the report that he be designated as Mayor Elect.   In accordance with the Member Code of Conduct, Councillor West left the meeting during consideration of this item

Caroline Elwood declared an interest in Item 9 relating to Appointment of Borough Solicitor and Monitoring Officer and left the meeting during consideration of this matter.

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.

Two members of the public had indicated that they wished to use public speaking time to address the Council.

Mr William Stewart attended the meeting and used public speaking time to speak in relation to member allowances.  He stated that as Members would be aware the country was facing financial problems and as a result cuts had been made to the Council’s budget. As everybody was being asked to make sacrifices, he proposed that all allowances paid to Councillors should be reduced by 20% from 1 May and for the next 4 years.  This would make a saving of £1m.  He hoped the Council would take this on board when considering their allowances.

Mr Byron Evans attended the meeting and used public speaking time to speak in relation to three areas of concern:

(1)       The Independent Remuneration Panel

The Council was receiving a report today with details of how much councillors should receive in expenses and allowances. Councillors have had the opportunity to comment on the current system of financial payments and voice any concerns they have on how to improve it.  His worry was that with the ongoing criticism and debacle concerning MPs’ pay and the misuse of public money by some of them, he would strongly suggest that the administration and councillors reflect that a way forward for clear and transparent remuneration was for councillors to make representations to the panel but not to be involved in setting their level of any expenses and allowances.  There was a need to ensure transparency and safeguard public money and ensure that councillors remuneration levels are not controlled by themselves.  That should stop and councilors should always accept the Panel’s decision without any further committee and Council amendments. 

(2)       Housing in Crewe

Recently there has been concern from residents he had spoken to, at least in Leighton, over the strategic housing land allocation assessment.  While the vision for Crewe is being touted, one of its aims was that it be bedded in reality, so it was both deliverable and sustainable.  But there seems to be a disjoint in much of the community about how this is being developed.  The current housing plans and consultations in the pipe line were raising serious questions as to the ability of the town to provide the necessary jobs and infrstructure to make Crewe prosperous.  He hoped the Council will help explain things better to allay his fears.

(3)       Reivew of Parish Boundaries

It was of concern to him that with the many administrative boundary reviews that have occurred in the last 15 years the Parish boundaries have not been reviewed.  He was aware that locally, and was sure other councillors had anecdotal evidence, that especially around the periphery of the unparished Crewe town, there were boundaries originally using hedgerows and other landmarks that have long disappeared to housing developments with quite arbitrary lines now draw sometimes the boundary crossing through a property!   A parish review would also make further ward and parliamentary boundaries hopefully  ...  view the full minutes text for item 106.

To consider the attached Notices of Motion that have been received in accordance with Procedure Rule 12.

Consideration was given to the Notices of Motion submitted in accordance with Procedural Rule 12.

1 - Notice of Motion Submitted by Councillors C Thorley and D Flude

MEMORIAL

In August 1940, four bombs fell in a field opposite Alvaston Hall, near Crewe. They did not explode immediately and the Royal Engineers' Bomb Disposal Unit was called out. One of the bombs then exploded, killing six members of the unit, Sergeant Edward Greengrass, Sapper Harold Thompson, Sapper Michael Lambert, Sapper Albert Edward Fearon, Sapper George Lucas and Sapper John Percival.

There is no recognition of their bravery in the Crewe area and the Royal Engineers Retired Members Crewe had requested that the Council consider the erection of a small memorial.

Notice of Motion

That that this Council agrees to investigate the possibility of erecting a small memorial, in the Crewe area, in recognition of the bravery of the Royal Engineers who where killed by one of the four bombs, which fell in a field opposite Alvaston Hall, near Crewe, in August 1940 .

The Leader moved that the Motion be accepted by Council in principle and be referred to Cabinet, which was accepted.

RESOLVED:

That the Motion stand referred to Cabinet.

2 - Notice of Motion submitted by Councillor D Flude and C Thorley

RESIDENTIAL CARE MARKET

That the Council notes the instability in the residential care market in Cheshire East and the potential impact on the finances of the Council and that the Council set up a Task and Finish Group, to determine the best means to manage demand for residential care, including demand from returning self funders.

RESOLVED:

That the Motion stand referred to Cabinet

To note the Annual Report of the Standards Committee.

The Independent Chairman of the Standards Committee, Mr Nigel Briers, and the Vice-chairman of the Committee, Mr David Sayer attended and presented the Standards Committee Annual report to Council.

Mr Briers thanked the former Monitoring Officer, Chris Chapman; Interim Monitoring Officer, Caroline Elwood, Deputy Monitoring Officer, Julie Openshaw and Democratic Services Officer, Carol Jones for their support to the Committee during the past year.

Following the presentation, Members of the Council were given the opportunity to make comments and ask questionsupon issues raised in the report. However, it was noted that these should not relate to any personal issues arising from the deliberations of the Committee.

RESOLVED

That the report be noted and that Mr Briers be thanked for presenting the report and that the Committee Members be thanked for their hard work during the year.

To ratify the appointment of Mrs Caroline Elwood as the Borough Solicitor and Monitoring Officer of Cheshire East Council, with effect from 1 May 2011.

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 Mrs Caroline Elwood be confirmed as the Borough Solicitor and Monitoring Officer                for Cheshire East Council be ratified, with effect from 1 May 2011.

(Caroline Elwood, having declared a personal and prejudicial interest, left the meeting for the duration of this item)

To designate Councillor R West as the Mayor Elect and to designate a second Member as the Deputy Mayor Elect, with a view to their formal election as Mayor and Deputy Mayor for Cheshire East for 2011/2012, at the Mayor Making ceremony to be held on 18^th May 2011.

Consideration was given to the nominations for the office of Mayor and Deputy Mayor for 2011/12.

Council was requested to resolve that Councillor R West be designated as Mayor Elect and that a second Member be designated as Deputy Mayor Elect, with a view to their formal election as Mayor and appointment as Deputy Mayor for Cheshire East for 2011/2012.

It was proposed and seconded that Councillor J Jones be designated as Deputy Mayor Elect.

RESOLVED

That Councillor R West be designated as Mayor Elect and that Councillor J Jones be designated as Deputy Mayor Elect, with a view to their formal election as Mayor and appointment as Deputy Mayor for Cheshire East for 2011/2012, at the Mayor Making ceremony to be held on 18 May 2011.

(Councillor R West, having declared a personal and prejudicial interest, left the meeting for the duration of this item.

Councillor J Jones, upon being nominated for designation as Deputy Mayor Elect, declared a personal and prejudicial interest and left the meeting for the duration of this item)

To consider the recommendation of the Constitution Committee of 24 March 2011.

Consideration was given to the recommendation from the Constitution Committee on a proposed amendment to the Councillor Call for Action Protocol to allow the Scrutiny Chairmen’s’ Group to take the lead in determining which of the Council’s five Overview and Scrutiny Committees dealt with cross-cutting issues raided under the Councillor Call for Action procedure.

RESOLVED:

That the role of the Scrutiny Chairmen’s Group in determining which of the five Overview and Scrutiny Committees should deal with cross cutting issues raised under the Councillor Call for Action procedure be recognised and the Borough Solicitor be authorised to make appropriate reference to the role of the Scrutiny Chairmen’s Group in the Councillor Call for Action Protocol by amending Section 7 of the Protocol.

To consider the recommendations of the Constitution Committee of 24 March 2011.

Consideration was given to the recommendations from the Constitution Committee in respect of the Cheshire East Council Scheme of the Members Allowances; following a mid year review by the Independent Remuneration Panel. 

RESOLVED:  

1          The Cheshire East Scheme of Members’ Allowances should make provision for the Independent Remuneration Panel to review, on an annual basis, the current Scheme’s allowances and recommend whether any adjustments were appropriate;

2          The level of Basic Allowance for 2011/2012 should not be increased and remain at the same level awarded in the Scheme of Members’ Allowances for 2010/2011; 

3          Except as provided for in recommendations 4 (a) - (c) in respect of the role of Vice-Chairmen, the level of remuneration in respect of Special Responsibility Allowances, Subsistence Allowances, Co-opted Member Allowance, Dependent Carer’s Allowance, Broadband/Line Rental fees and Members’ Surgery fees for 2011/2012 should not be increased and remain at the same level awarded in the Scheme of Members’ Allowances for 2010/2011; 

4a       Special Responsibility Allowances for the post of Vice Chairman be retained within the Scheme of Members’ Allowances for 2011/2012;

4b       The role of Vice Chairman of Constitution Committee and Vice Chairman of Audit and Governance Committee be included in the Schedule of Special Responsibility Allowances appended to the 2011/2012 Scheme of Members’ Allowances;  

4c        A Special Responsibility Allowance of £1,000 per annum be awarded to the Vice Chairman posts included in Schedule 1 of the 2011/2012 Scheme of Members Allowances, with an additional £50 payable for each meeting chaired up to an accumulated maximum total of £1,500 per annum;

5a        The role of Chairman of Constitution Committee and Chairman of Audit and Governance Committee be included in the Schedule of Special Responsibility Allowances appended to the 2011/2012 Scheme of Members’ Allowances ;

5b&c  A gearing equivalent to 0.65 of Basic Allowance be applied to the post; the position to be kept under review; 

6         The level of Travel Allowances for 2011/2012 should not be increased and should remain at the same level awarded in the Scheme of Members’ Allowances for 2010/2011; except for car mileage rates which are to remain linked to the amounts payable to officers in accordance with the National Joint Council for Local Government Agreement; 

7          No Special Responsibility Allowance be allocated to the Chairman or Members of Cheshire and Wirral Joint Health Scrutiny Committee at this time; the position to be kept under review;     

8          No Special Responsibility Allowance be payable to Cheshire East Councillors appointed to the Cheshire Pension Fund Committee;   

9          No Special Responsibility Allowance be payable to Cheshire East Councillors appointed to the Borough’s Local Area Partnerships at this time; the position to be kept under review; 

10        A payment of up to £50 per four hour session or part thereof be paid to School Appeal Panel Co-opted Members attending appeal meetings or associated training on receipt of proof from their employer that a loss of income had been incurred as a direct result of the performance of their duties on the Panel;  ...  view the full minutes text for item 112.

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 following questions had been submitted in accordance with Procedure Rule 11:

Question 1

Councillor D Brickhill had submitted the following question:

What was the cost of the eight collections of the green bins in Crewe and Nantwich and what was the income from Shotton for the clean white paper during financial year 2010/11?

Councillor R Menlove, Portfolio Holder for Environmental Services responded as follows:

The annual cost of the “green bin” paper collection in 2010-11 was about £260,000.  The income from the sale of paper collected in this kerbside operation was in the same period about £190,000.  So the net cost to the Council was about £70,000.

Councillor Brickhill asked the following supplementary question 

What was the net cost of the green bins to Cheshire / Crewe and Nantwich and what will be the net receipt after collection and disposal?

Councillor R Menlove responded as follows:

The green bins were purchased by the former Crewe and Nantwich Council and we are uncertain about their actual cost.  However, in considering ways to improve the recycling service for the new Borough, we established that to provide green bins to properties in the Macclesfield and Congleton areas would cost about £2m.  This would be an additional cost to the service now being implemented.  The collection and recycling of the green bins from the Crewe and Nantwich is a one-off cost of about £35,000.  There was no commercial interest in purchasing these used bins.

Question 2

Councillor D Brickhill had submitted the following question:-

Given that this Council was made aware on July 27^th 2010 that there was to be a sale by tender of the post office sorting office on Weston Lane, Crewe, why was it necessary to deprive the Council of debate on the purchase and use the emergency powers in November instead?

Councillor W Fitzgerald, Leader of the Council, responded as follows:

The Royal Mail site, Weston Road, Crewe was first marketed for disposal by the Royal Mail’s agents on 11^th October 2010, not 27th July 2010.   The Council was aware in July that the Royal Mail was due to vacate the site but at that point the Royal Mail had not declared their proposed route of disposal or their timetable. 

Councillor Brickhill asked the following supplementary question 

I believe that this was not taken to Council because there was no adequate financial plan to justify this, is that correct?

Councillor W Fitzgerald responded as follows:

The timescale was very compressed – on 11th October, the vendor instructed their agent to secure all offers by 12^th November with a timetable that requires exchange of contracts by 31^st December 2010, and completion of sale by
31^st January 2011.

Question 3

Councillor D Brickhill had submitted the following question:

Given that the Council Tax has not fallen since Cheshire East took over from county and district, how does the Leader (then Leader of Macclesfield Council) square his promises for  ...  view the full minutes text for item 113.