Agenda and minutes

Apologies for absence were received from Councillor W Fitzgerald.  Councillor J Macrae was present for the final item only.

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

Minute 119 (Appointments to Outside Organisations) - John Nicholson (Strategic Director Places) declared a personal interest by virtue of being a Member of the South East Cheshire Enterprise Board and Councillor D Brown declared a personal interest by virtue of being a Director of that Board.  Councillors P Findlow and B Silvester each declared a personal interest by virtue of being among those named for appointment to the County Councils Network.  

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.

Where a member of the public wishes to ask a question of a Cabinet Member three clear working days notice must be given to the Democratic Services Manager, and the question must be submitted in writing.

Sir Giles Watmough addressed the Cabinet on a number of his concerns.  

To approve the minutes of the meeting held on 22 September 2009.

RESOLVED

That the minutes of the meeting held on 22 September 2009 be approved as a correct record.

To consider the leadership role of the Council and to endorse the development of short, medium and long term objectives.

Consideration was given to the report of the Strategic Director Places on the role of the Council in leading the climate change/environmental sustainability agenda and endorsement was sought for the development of short, medium and long term objectives.  At the meeting the Strategic Director (Places) reported that the draft plan, circulated as Appendix 1 to the report, incorrectly referred to a Climate Change Committee and he confirmed that it was intended to continue with the existing Steering Group approach. 

RESOLVED

For the reasons set out in the report: -

1. That Cabinet endorses the commitment to the climate change agenda and commits to the engagement of senior Members and Officers to deliver against the key activities outlined in the report.

2. That a comprehensive climate change and sustainable development strategy be developed for Cheshire East, one of the first components of which will be the production of an interim Carbon Management Plan

3. That the potential financial impact of the Carbon Reduction Commitment from 1 April 2010, and the need for a project plan to mitigate the risks and to make appropriate provision within the Medium Term Financial Strategy to address this risk, be noted.

To approve an Anti Money Laundering Policy.

Consideration was given to an Anti-Money Laundering Policy, to ensure that the Council establishes prudent and responsible anti-money laundering controls and reporting arrangements, to detect and avoid involvement in the offences described in the regulations.

RESOLVED

For the reasons set out in the report: -

That approval be given to the Anti-Money Laundering Policy set out in Appendix A of the report.

To consider appointments to

1. South and East Cheshire Enterprise Board/Congleton Learning Partnership
2. County Councils Network

John Nicholson and Councillors D Brown, P Findlow and B Silvester had all declared personal interests in this item.

Consideration was given to a number of issues that had arisen in respect of appointments to the South and East Cheshire Enterprise Board, to the addition of the County Councils Network to the list of Category 1 organisations (outside organisations within the remit of the Cabinet) and to the appointment of four Councillors to it.

RESOLVED

For the reasons set out in the report: -

1. That Councillors D Brown, J Hammond, J Macrae and B Moran, the current appointees to South and East Cheshire Enterprise Board be appointed to Congleton Learning Partnership, with immediate effect;

2. That the term of office be coterminous with the appointment to the South and East Cheshire Enterprise Board;

3. That Cheshire East Council joins County Councils Network as a member authority;

4. That County Councils Network be added to the list of Category 1 outside organisations which fall within the remit of Cabinet to make appointments;

5. That Councillors W Fitzgerald, P Findlow, B G Silvester and Councillor A Moran be appointed as the Council’s representatives on County Councils Network.

To note how changes to the Council’s workforce are being managed.

Consideration was given to the report of the Head of Human Resources and Organisational Development on progress made towards completing the Council’s organisational structures, and on the management of redeployment.

RESOLVED

For the reasons set out in the report: -

That Cabinet notes how changes to the Council’s workforce are being managed including the arrangements to manage redeployment.

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

The Committee may decide that the press and public be excluded from the meeting during consideration of the following items pursuant to Section 100(A)4 of the Local Government Act 1972 on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 1, 2, 3 and 5 of Part 1 of Schedule 12A to the Local Government Act 1972 and public interest would not be served in publishing the information.

PART 2 – MATTERS TO BE CONSIDERED WITHOUT THE PUBLIC AND PRESS PRESENT

That the press and public be excluded from the meeting during consideration of the following items pursuant to Section 100(A)4 of the Local Government Act 1972 on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 1, 2, 3 and 5 of Part 1 of Schedule 12A to the Local Government Act 1972 and public interest would not be served in publishing the information.

To consider the report of the Head Of Human Resources and Organisational Development.

Consideration was given to the report of the Head of Human Resources and Organisational Development.  It was reported that since the report had been prepared an additional application for voluntary redundancy had been received, details of which were circulated.

RESOLVED

For the reasons set out in the report: -

1. That Cabinet notes how changes to the Council’s workforce are being managed including the arrangements to manage redeployment.

2. That Cabinet supports the decision of the Chief Executive to release the Personnel Manager, Personnel Officer, Clerical Assistant and Business Support Manager, under the arrangements agreed in relation to severance provisions for non teaching employees in the Council. 

3. That approval be given to the additional application from the Environmental Services Manager on the same terms as (2) above.

To consider the report of the Borough Solicitor.

Consideration was given to the report of the Borough Solicitor.

RESOLVED

For the reasons set out in the report: -

That approval be given to enter into discussions with the current developer on the following basis: -

1. The balance of any renegotiation must rectify so far as possible the weaknesses of the current agreement.
2. External legal advice from Nabarro Nathanson should be obtained on procurement, vires and the drafting of any new agreement.
3. External valuers should be retained to assist with valuation and negotiation.
4. The Audit Commission should be made aware of the position.
5. There must be compliance with proper procurement practices.