Agenda and minutes

To provide an opportunity for Members and Officers to declare any disclosable pecuniary and non-pecuniary interests in any item on the agenda.

There were no declarations of interest.

In accordance with Procedure Rules Nos.11 and 35 a period of 10 minutes is allocated for members of the public to address the meeting on any matter relating to the work of the body in question.  Individual members of the public may speak for up to 5 minutes but the Chairman or person presiding 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 are not required to give notice to use this facility. However, as a matter of courtesy, a period of 24 hours’ notice is encouraged.

Members of the public wishing to ask a question at the meeting should provide at least three clear working days’ notice in writing and should include the question with that notice. This will enable an informed answer to be given.

There were no members of the public present.

To approve the minutes of the meeting held on 19^th November 2014.

RESOLVED

That the minutes of the meeting held on 19^th November 2014 be approved as a correct record subject to an amendment to Minute 50 to include the following additional resolution:

“that job descriptions should be developed to cover the wider roles of elected members, commencing with Chairs of Committees and Vice Chairs.”

To consider a report on the final outcome of the Macclesfield Community Governance Review.

The Committee considered a report on the final outcome of the Macclesfield Community Governance Review.

Council at its meeting held on 11^th December 2014 had approved the recommendations for the final outcome of the Macclesfield Community Governance Review and had granted delegated powers to the Constitution Committee to determine the final outcome of the Review, including all necessary powers to make the Re-Organisation Order.

The public and anyone with an interest in the review had been invited to make comment on the Council’s recommendations by Thursday 15^th January 2015. Responses received were considered by the Community Governance Review Sub-Committee on 16^th January 2015 and were attached at Appendix 1 to the report. Having taken the representations received into account, the Sub-Committee had recommended to the Constitution Committee that Council’s recommendation for the final outcome of the review be endorsed.   

In accordance with the wishes of the last meeting of the Sub-Committee and those of Council, a meeting of the Macclesfield Local Service Delivery Committee was held 8^th January to discuss which assets might be transferred from Cheshire East to the proposed Macclesfield Parish Council, having regard to officer and legal advice. The Minutes of that meeting were attached at Appendix 2 to the report. The Committee’s views were considered by the Community Governance Review Sub-Committee on 16^th January 2015 and the Sub-Committee’s minutes were circulated at the meeting as Appendix 3 to the report. The Sub-Committee had also agreed a draft budget for the new parish council, which was set out at Appendix 4, together with the draft re-organisation order which was set out at Appendix 5. The order had included details of the land and property to be transferred to the new council. The recommendations of the Sub-Committee were set out in the minutes of the Sub-Committee’s meeting.

Following determination of the final outcome of the Community Governance Review by the Committee, arrangements would be made to publish the decision and to notify statutory bodies as required by the Local Government Public Involvement in Health Act 2007.  

The work of the Community Governance Review Sub Committee would continue over the coming weeks, in terms of making transitional arrangements, including the convening of the Annual Parish meeting, which must be held within 14 days of the Councillors taking office.           

The Chairman informed the Committee that Councillor L Brown had submitted her comments in writing as she was unable to attend the meeting. In relation to the draft budget for the new parish council, Councillor Brown expressed concern that the grants allocation had increased from £15,000 to 80,000. She also expressed surprise that a contingency fund of £100,000 had been included as her recollection was that the Macclesfield Local Service Delivery Committee had opposed the inclusion of a contingency fund.

In response, Councillor D Marren, Chairman of the Community Governance Review Sub-Committee, commented that Nantwich and Congleton Town Councils each had a grants budget of about £80,000, and that those towns were considerably smaller than Macclesfield.  ...  view the full minutes text for item 55.

To consider the draft Calendar of Meetings for Cheshire East Council for 2015-2016 and make recommendations to Council.

The Committee considered the draft calendar of meetings for Cheshire East Council for 2015-16.

In considering the draft calendar, Members expressed concern that meetings of the Northern and Southern Planning Committees often went on into the evening. It was suggested that the meetings would benefit from starting at 10.00 am, with a lunch break at 1.00 pm as required.

RESOLVED

That the draft Calendar of Public Meetings for Cheshire East Council 2015 - 2016 as attached to the report be recommended to Council for approval, subject to the following amendment:

that meetings of the Northern and Southern Planning Committees commence at 10.00 am, with a break for lunch at 1.00 pm as required.

To consider a report summarising  the key implications of the Anti-Social Behaviour, Crime and Policing Act 2014 and proposing amendments to the scheme of delegation to enable enforcement powers under the Act to be exercised.

The Committee considered a report summarising the key implications of the Anti-Social Behaviour, Crime and Policing Act 2014.

The report proposed amendments to the officer scheme of delegation to enable enforcement powers under the Act to be exercised. The amendments were set out in Appendix 2 to the report.

RESOLVED

That

1.    that the update on the Anti-social Behaviour, Crime and Policing Act 2014 as set out in the report be noted; and

2.    the proposed changes to the Council’s Scheme of Officer Delegation as set out in Appendix 2 to the report be recommended to Council for approval subject to Council being provided with a list of the specific actions that officers would be able to take under the delegation.

To consider proposed arrangements for the new Members Allowances Independent Remuneration Panel.    

The Committee considered proposed arrangements for the new Members Allowances Independent Remuneration Panel.

It was felt that no more than three members needed to be appointed to the Panel and that the term of office should be four years from the date of appointment.  At least one member of the Panel should have experience of the workings of local government. Members also felt that the Chairman of the Panel should have experience of chairing an Independent Remuneration Panel and that this should be referred to in the recruitment advert.

It was suggested that the appointment of the Panel Members, and the appointment of the Chairman of the Panel be made by the Constitution Committee upon the recommendation of the Head of Governance and Democratic Services.

A recent review of the operation of the Independent Remuneration Panel had concluded that there was no necessity for a report of the Panel to be produced on an annual basis and that instead, consideration could be given to making future provision for the Members Allowances Scheme to be adjusted on an annual basis, by reference to an index. Where the only change made to a scheme in any year was that effected by an annual adjustment, the scheme would not be deemed to be amended and would not need to be reviewed and agreed by full Council. An index could be applied for a period of up to four years. This option would need to be considered by the Independent Remuneration Panel.

RESOLVED

That

1.    a Members Allowances Independent Remuneration Panel be established to consist of 3 Members, with a four year term of office;

2.    the Council seek to recruit at least one Panel member with experience of the workings of local government (such as a former local government officer, a person with past experience of being a panel member for another authority, or an individual with particular expertise), with expressions of interest also to be sought from the private and voluntary sector;     

3.    the recruitment advert should include a requirement that the chairman of the panel should have experience of chairing an independent remuneration panel;

4.    appointment of the Panel Members be made by the  Constitution Committee (upon the recommendation of the Head of Governance and Democratic Services);

5.    the Chairman of the Panel be appointed by the Constitution Committee;

6.    the Council establish a robust, streamlined and transparent process for the operation of the Members Allowances Independent Remuneration Panel;

7.    the Panel be asked to give consideration to making future provision for the Members Allowances Scheme to be adjusted on an annual basis, by reference to an index which could be applied for a period of up to four years;

8.    Panel members be recompensed for expenses, as per past practice; and

9.    an allowance be paid to the Chairman of the Panel (on the basis that work load is expected to be no more than 3-4 days, within the four year term of office) at an appropriate rate, to be  ...  view the full minutes text for item 58.