Agenda and minutes

There were no apologies for absence.

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

Members gave a general declaration of personal interest in respect of every item on the agenda where an individual member was a Member of Cheshire County Council and/or of one of the current Borough Council.  In accordance with the Code of Conduct they remained in the meeting during consideration of the relevant items.

Councillor P Findlow declared a personal and prejudicial interest in minute ………..(Council Tax Discounts, Exemptions and Payment Dates) by virtue of having a second home.  In accordance with the Code of Conduct he left the meeting during consideration of this item.

In accordance with Procedure Rules Nos.11 and 35 a total period of 10 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 M Wynne asked a number of questions in respect of waste and recycling matters.  Councillor  D Brickhill responded and a copy of his answers was given to Mr Wynne.  

To approve the minutes of the meeting held on 4 November 2008.

The minutes of the meeting held on 4 November were approved as a correct record.

To consider the options available to Cheshire East should they wish to retain and/or seek re-accreditation against the Investors in People standard.

Consideration was given to the options available to Cheshire East should they wish to retain and/or seek re-accreditation against the Investors in People standard. 

RESOLVED

For the reasons set out in the report: -

It was agreed that the Council would commit to continue with Investors in People and seek accreditation by 2010, as outlined in Option 3 of the report.

To approve the general approach to independent advocacy into the first year of the Council and beyond.

Cabinet was requested to consideration a report which highlighted the range of provision of independent advocacy in Cheshire East and proposing, in high level terms, the commissioning approach for the future, in Partnership with the PCT.

RESOLVED

For the reasons set out in the report: -

That approval be given to the general approach to independent advocacy into the first year of the Council, and beyond.

To approve the required annual consultation on Cheshire East's proposed school admission arrangements and coordinated admissions scheme.

Consideration was given to various matters in respect of the annual consultation on School Admission arrangements and the co-ordinated admissions scheme for the school year commencing September 2010 and beyond, the relevant area for consultation arrangements and the terms of reference for the statutory Admissions forum for Cheshire East Authority.

RESOLVED

For the reasons set out in the report: -

1.      The attached consultation document and appendices, with any subsequent

      amendments and additions recommended by the Cheshire East Admissions

      Forum, on admissions for the school year commencing September 2010 and

      beyond; and its circulation to all Cheshire East schools and neighbouring local

      authorities at the beginning of the spring term 2009 be approved.

2. Determination of the Cheshire East 'relevant area' to be Cheshire East administrative boundary for all Community and Controlled Schools for which the Cheshire East Local Authority is the admissions authority and the 'relevant area' for every Cheshire East authority aided and foundation school to be the area normally served by the school, from which most of its pupils are drawn.

3. It is recognised that parents actual preferences and children's actual schooling patterns will extend beyond the Authority’s boundary and therefore consultation on admission arrangements will involve all neighbouring authorities.

4. That approval be given to the terms of reference, in order that the forum can be set up in accordance with the timescales (provided as background information) without further reference to the Cabinet, with any future discussions on this being with the Lead Member.

To approve the proposed guiding principles, objectives and vision for Customer Access, which will lead to the production of a Customer Access Strategy for Cheshire East.

Consideration was given to the guiding principles, objectives and vision for Customer Access, which would lead to the production of a Customer Access Strategy for East Cheshire.

RESOLVED

For the reasons set out in the report: -

That the guiding principles objectives and vision for Customer Access be approved.

To agree the submission of the amended Draft Local Development Scheme for approval by full Council on 9 December 2008.

Consideration was given to the Draft Local Development Scheme for Cheshire East prior to its consideration by the Council on 9 December.  The Portfolio Holder (Performance and Capacity) reported that since the report had been prepared the comments of Government Office North West had been received on the amended Draft Local Development Scheme.    Some of the comments regarding the content of the document had been summarised and circulated to the Cabinet, and are now appended to the minutes.  Cabinet were requested to agree to the amendments suggested for inclusion in the Draft Local Development Scheme, before its consideration by council.

RESOLVED

For the reasons set out in the report and as now stated: -

That approval be given to amended Draft Local Development Scheme, and to the further amendments now circulated, for approval by Council on 9 December 2008.

To establish a discretionary rate relief policy for Business Rates in respect of charitable and non-profit making organisations, rural businesses and hardship cases.

Consideration was given to a discretionary rate relief policy for business rates in respect of charitable and non-profit making organisations, rural businesses and hardship cases.

RESOLVED

For the reasons set out in the report: -

Approval was given to

1.      the policy detailed in Appendix A for charitable, non-profit making and rural applications.

2.     the rural settlement list detailed in Appendix B.

3.      that applicants applying for discretionary relief only and with a rateable value below £10,000 be required to apply for Small Business Relief.

4.      that the Borough Treasurer & Head of Assets be given delegated authority to determine applications in accordance with the agreed policy.

5.      that consideration be given to allow applicants who would receive less relief under the new policy to retain their existing award until any future change in circumstances. 

6.      that applications that fall outside the agreed policy be determined by the Borough Treasurer & Head of Assets in conjunction with recommendations from senior revenues officers.

7.      that appeals against either a decision not to award relief or the level of relief awarded be considered by the Borough Treasurer & Head of Assets in consultation with the Portfolio Holder for Resources.  If still not resolved, the case should be considered by Cabinet and appropriate amendments made to the policy if required, following the decision.

8.      that all applications for hardship relief be considered on a case by case basis by the Borough Treasurer & Head of Assets in consultation with the  Portfolio Holder for Resources and any appeals to be considered by Cabinet.

To consider the options and recommendations for Council Tax Discounts and Exemptions, and instalment dates for Council Tax and Business Rates.

(Councillor P Findlow had declared a personal and prejudicial interest in this item.  In accordance with the Code of Conduct he left the meeting during its consideration.)

Consideration was given to the options and recommendations for council tax discounts and exemptions, and instalment dates for council tax and business rates.

RESOLVED

For the reasons set out in the report: -

That approval be given to

1.      discounts of 25% for both second homes and long-term empty properties.

2.      a policy whereby applications for local discounts are determined by the

Borough Treasurer in consultation with the Portfolio Holder.

3.      the proposed monthly payment dates for Council Tax as follows:

Cash/cheque payers          1^st

Direct debit payers                        1^st, 5^th, 10^th, 15^th, 22^nd and 27^th

Half yearly payers                        1^st April and 1^st September

Yearly payers                                    1^st April

4.      the proposed monthly payment dates for Business Rates as follows:

Cash/cheque payers          1^st

Direct debit payers                        1^st, 15^th and 27^th   

Half yearly payers                        1^st April and 1^st September

Yearly payers                                 1^st April

To recommend to Council the Council Tax Base for Cheshire East for 2009/10.

Notification was given of the Council Tax Base for Cheshire East.

RESOLVED

For the reasons set out in the report: -

That Council be recommended that, in accordance with the Local Authorities (Calculation of Tax Base) Regulations 1992, the amount to be calculated by Cheshire East Council as its Council Tax Base for the year 2009/10 is:

• for the whole area – 144,761.46
• for each Parish area as set out in Appendix A

To consider the current position in relation to Local Area Agreement delivery, and the implications for the Council in the light of the Local Government (Structural Changes)(Transitional Arrangements) Regulations 2008 and the proposed process and timetable for severance of the Agreement.

Consideration was given to the current position in relation to Local Area Agreement delivery and the implications for the Council in the light of the Local Government (Structural Changes) (Transitional Arrangements) Regulations 2008 and the proposed process and timetable for severance of the Agreement.

RESOLVED

For the reasons set out in the report: -

That Cabinet recommends to Council to:

(i)                 endorse the Cheshire Local Area Agreement 2008 - 2011 (Appendix 1) in accordance with the requirements of the Local Government (Structural Changes) (Transitional Arrangements) Regulations 2008;

(ii)               note its statutory duty to have regard to all targets in the Local Area Agreement and those for which it will become the ‘lead partner’; and

(iii)             delegate its authority to make any proposals for ‘revision’ of the Cheshire Local Area Agreement 2008 - 2011 to the Secretary of State, deemed necessary as a consequence of the annual refresh process and in accordance with the requirements of Section 111 of the Local Government and Public Involvement in Health Act 2007, to the Cabinet.

To consider and adopt the Cheshire and Warrington Improvement and Efficiency Strategy.

Consideration was given to the adoption of the Cheshire and Warrington Improvement and Efficiency Partnership and Strategy; which would support the Council’s emerging ambitions and improvement priorities as identified in the interim Corporate Plan.

RESOLVED

For the reasons set out in the report: -

1. That approval be given to the Cheshire and Warrington Improvement and Efficiency Strategy as appended to the report.

2. That agreement be given for Warrington Borough Council to undertake the role of “accountable body” in relation to the Cheshire and Warrington Improvement and Efficiency Partnership.

3. That the Interim Director (Places) in consultation with the Interim Monitoring Officer and the Portfolio Holder Performance and Capacity be authorised to enter into a partnership agreement on behalf of Cheshire East for the Cheshire and Warrington Improvement and Efficiency Partnership.

To note any Section 24 Specific Consent Applications dealt with under delegated powers since the last meeting.            

Consideration was given to a report by the Interim Monitoring Officer and the Interim Chief Finance Officer on Section 24 Consents issued under delegated powers since the last meeting.  Details were reported of an amalgamation of Vernon Infant and Junior Schools.

RESOLVED

For the reasons set out in the report: -

That the report be noted.

To receive an update on the programme, with respect to key milestones, and to note the steps to be taken in the coming months.

Consideration was given to an update on the programme giving progress made against key milestones, and to steps to be taken in the coming months.

RESOLVED

For the reasons set out in the report: -

That the report be noted.