Agenda and minutes

Community Governance Review Sub-Committee
Tuesday, 9th December, 2014 10.00 am

Venue: The Tatton Room - Town Hall, Macclesfield SK10 1EA. View directions

Contact: Cherry Foreman  Democratic Services Officer

Items
No. Item

7.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillor G Baxendale.

8.

Declarations of Interest

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

Minutes:

There were no declarations of interest.

9.

Public Speaking Time/Open Session

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.

 

 

Minutes:

In response to questions submitted by Liz Braithwaite the Registration Service and Business Manager confirmed that:

·         If a decision was made to proceed with a Parish Council for Macclesfield then the Local Service Delivery Committee would cease to exist.

·         The nomination process for Parish elections would commence once the Notice of Election had been published and this was expected to be towards the end of March.  The deadline for the delivery of nomination papers would be in accordance with the statutory timetable for local elections which was 4.00pm on 9 April 2015 and there was adequate time for briefing meetings for prospective candidates to be held beforehand. 

·         The Community Governance Review Sub-Committee and the Constitution Committee were the decision making bodies for the conduct of the Macclesfield Community Governance Review but there were opportunities for the local Ward Councillors to input their views.

 

Richard Watson, speaking on behalf of Macclesfield Civic Society, said they would be happy to assist in discussions concerning the 1st year budget for the new Council.  The Society requested that consideration be given to including finance to support the work around the preparation of a Neighbourhood Plan as it would be advantageous to include it in its first years work.  The Chairman responded that their comments and assistance would be most welcome.

10.

Minutes of Previous meeting pdf icon PDF 35 KB

To approve the minutes of the meeting held on 7 October 2014 as a correct record.

 

Minutes:

The minutes of the meeting held on 7 October 2014 were approved as a correct record.

11.

Macclesfield Community Governance Review Implementation Timetable pdf icon PDF 31 KB

To consider and agree a suggested timeline for the key decisions required; and also the dates of meetings of the Sub-Committee in January, February and March 2015.

Minutes:

Consideration was given to the suggested timetable for the key decisions required in order to have the necessary Administration Order in place by 1 April 2015, and also to the dates of meetings of the Sub-Committee that would be needed in the coming months; following a canvass of availability it was proposed that these should be on 16 January, 12 February and 1 April 2015. 

 

The Head Governance and Democratic Services stressed the importance of the timescales set out and said that only by adhering to these would the process be completed in time.  He explained the constitutional position with regard to the legal responsibility for the various decisions to be made and that a report was due to be considered by the Council at its meeting on 11 December 2014 asking for authority to be delegated to the Constitution Committee to make the decisions needed.

 

The timetable allowed time for a period of consultation, the preparation of a budget for the first year of the new Council and consideration of which assets and services should be transferred to it in the first instance.  The Sub-Committee was keen that the Macclesfield Local Service Delivery Committee should be allowed to consider these matters and for their preferences to be taken into consideration by the Sub-Committee; also that the meetings should be held at a time and place that would encourage the public to attend. 

 

Officers agreed to facilitate meetings of the Macclesfield Local Service Delivery Committee in order to ensure its Members could consider issues around the budget, assets etc. and so that its views could be to be taken into account by this Committee.

 

RESOLVED

 

That approval be given to the timetable set out and for Sub-Committee meetings to be held on 16 January, 12 February and 1 April 2015.

 

That Officers agree to facilitate meetings of the Macclesfield Local Service Delivery Committee so as to ensure its Members could consider issues around the budget, assets and transfer of services and so that its views can be taken into account by this Committee.

12.

Transfer of Property Rights and Liabilities and the Calculation of Budget Requirement

A Re-Organisation Order would be required to bring any arrangements for a new Parish Council into effect.

In accordance with Regulation 3 of the Local Government Finance (New Parishes) Regulations 2008, a budget sum must be included within any Order. This is a sum which must not be exceeded by the Parish Council during its first year of operation and would be used to calculate the precept requirement.  In order to calculate this sum the Sub-Committee is requested to consider:

a)    What facilities and services should be considered for any transfer; and

b)    When any facilities and services should transfer.

A budget sum would then be calculated and submitted to the next meeting of the Sub-Committee for agreement.  In order to meet the timetable for the calculation of precept requirements, a decision on the budget sum would be required by the Sub-Committee by no later than 16 January 2015.    

There should be described within any Re-Organisation Order Schedules: any land, property, rights, liabilities and other responsibilities to be transferred from the principal authority to the Parish Council, together with the dates of transfer.  The Local Government (Parishes and Parish Councils) Regulations 2008 provide for the automatic vesting of any allotments held by the Principal Council.   

Charter Trustees would be dissolved, and the Charter Trustee Mayor and Deputy Mayor would cease to hold office on the date on which the first Parish Councillors came into office.  All property, rights and liabilities of the Charter Trustees would transfer to the Parish Council from this date.               

 

Minutes:

The Registration and Business Services Manager reported that a Re-Organisation Order would be required to bring any arrangements for a new Parish Council into effect.

In accordance with Regulation 3 of the Local Government Finance (New Parishes) Regulations 2008, a budget sum had to be included within any Order. This was a sum which must not be exceeded by the Parish Council during its first year of operation and which would be used to calculate the precept requirement. In order to calculate this sum the Sub-Committee needed to consider:

a)    What facilities and services should be considered for any transfer; and

b)    When any facilities and services should transfer.

A budget sum would then be calculated and submitted to the next meeting of the Sub-Committee for agreement.  In order to meet the timetable for the calculation of precept requirements, a decision on the budget sum was needed by the Sub-Committee by no later than 16 January 2015.

Within any Re-Organisation Order Schedules there needed to be described any land, property, rights, liabilities and other responsibilities to be transferred from the principal authority to the Parish Council, together with the dates of transfer.  The Local Government (Parishes and Parish Councils) Regulations 2008 provide for the automatic vesting of any allotments held by the Principal Council.

It was confirmed that the Charter Trustees would be dissolved, and that the Charter Trustee Mayor and Deputy Mayor would cease to hold office on the date on which the first Parish Councillors came into office.  All property, rights and liabilities of the Charter Trustees would transfer to the Parish Council from this date.

The Sub-Committee was advised that this same process had taken place for the Parish Councils established elsewhere in Cheshire East and the list of assets and services proposed for transfer was based on both legislative advice, and on specific advice from Counsel.  In this instance the list suggested for potential initial transfer was as follows:

 

·         Allotments

·         Public Conveniences

·         The Senior Citizens Hall

·         Weston Community Centre

·         Markets

·         Town Centre Management Services

·         Christmas Lights

·         Street Furniture

·         Hanging Baskets

·         CCTV

·         Tourist Information

 

It was stressed that this list could be added to in future years but in accordance with the advice received it was important not to transfer too many assets or services at this first stage as the new Council might not have the adequate expertise to properly administer them.  Once established the Parish Council itself could decide on how it wanted to develop and on the transfer of any additional assets and services for which it wished to take on responsibility. 

 

With reference to setting a precept Members were advised that Officers would prepare an initial estimate of the finance needed in time for this to be set.  It was also agreed that provision be included to support 2.5 full time staff, these being a Clerk, an Assistant Clerk and a part time Mayors Secretary. 

 

The Sub-Committee was advised that, in accordance with the earlier decision concerning the involvement of Macclesfield Local Service  ...  view the full minutes text for item 12.