Agenda and minutes

Community Governance Review Sub-Committee
Friday, 16th January, 2015 10.30 am

Venue: Council Chamber - Town Hall, Macclesfield, SK10 1EA. View directions

Contact: Cherry Foreman  Democratic Services Officer

Items
No. Item

13.

Apologies for Absence

Minutes:

There were no apologies for absence.

14.

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.

15.

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:

Cllr K Edwards spoke in respect of the recommendations of the Macclesfield Local Service Delivery Committee (LSDC); the Chairman confirmed that these had been circulated prior to the meeting and that their recommendations would be taken into account.

 

Cllr C Andrew also spoke in respect of the above; she considered only the allotments should be transferred at this stage and that the new Parish Council should be able to decide itself on the assets transferred to it.  In response to questions concerning the Grosvenor Centre, and the Senior Citizens Hall, Councillor J Jackson responded with further information.

 

Ray Perry indicated that he was aware of a group which had moved its meetings from the Senior Citizens Hall due to uncertainty about future provision; he asked if the facility would exist in the future.

 

Peter Nash (Macclesfield Civic Society) referred to their letter, circulated to the Sub-Committee, and to their preference for the initial precept to be set at a level that would give the new Parish council the flexibility to work and operate in the way it wished. 

 

Liz Braithwaite had submitted a question concerning whether or not there was any Section 106 (or similar) money that should be allocated to the new Parish Council.  The Legal Team Leader advised that money received from any such Agreements would go to Cheshire East Council as the Authority with which the Agreement had been made.  Also such monies applied to specific infrastructure schemes and was not part of general funding.

 

Mick Warren had submitted a question concerning how it had been decided that the new Parish Council should comprise 12 Councillors.

 

The Chairman confirmed that a written answer would be provided to these last two questions.

16.

Minutes of Previous Meeting pdf icon PDF 38 KB

To approve the minutes of the meeting held on 9 December 2014 as a correct record.

 

Minutes:

RESOLVED

 

That the minutes of the meeting held on 9 December 2014 be approved as a correct record.

17.

Final Outcome of the Community Governance Review pdf icon PDF 31 KB

See paper 5 attached. 

Additional documents:

Minutes:

The Sub-Committee noted the resolution of the Council at its meeting on 11 December 2014.  Comments on the Council’s recommendation had been required by 15 January; consultees from Stages 1 and 2 of the review had been notified of the consultation and there had been a press release and front page link to information on the council’s website. A copy of the responses had been circulated with the agenda and a number received after it had been published were circulated at the meeting.

 

RESOLVED

 

That the Constitution Committee be recommended to approve:-

 

1.         That in the interests of effective and convenient local government, and having taken into account the representations received and the views of the Macclesfield Local Service Delivery Committee, a single Parish Council be created for the whole of the unparished area of Macclesfield in accordance with the following:

 

i)             that a new parish be constituted for the unparished area of Macclesfield;

 

ii)            that the name of the new parish shall be the Parish of Macclesfield;

 

iii)           that the parish shall  have a parish council named Macclesfield Parish Council;

 

iv)           that the parish council shall not have an alternative style (defined as Neighbourhood, Community or Village), but the Parish Council  be advised to consider its designation as a Town Council;

 

v)            that the parish shall be divided into 7 wards, the boundaries of such wards to be co-terminous with the current Borough ward boundaries (but excluding Polling District 4BFR which is already parished);  and  shall have the same number of  Councillors as for the Borough wards as follows:

 

Broken Cross and Upton                   - 2 Councillors

 

Macclesfield Central                          - 2 Councillors

 

Macclesfield East                                - 1 Councillor

 

Macclesfield Hurdsfield                     - 1 Councillor

 

Macclesfield South                             -             2 Councillors                                                     

(excluding polling district 4BFR)

 

Macclesfield Tytherington                 - 2 Councillors

 

Macclesfield West and Ivy                 -             2 Councillors

 

vi)           that elections of all parish councillors for the Parish of Macclesfield be held on 7 May 2015; and

 

vii)         that the term of office of every parish councillor elected on 7 May 2015 for the Parish of Macclesfield shall be four years, and thereafter coincide with the ordinary day of election of parish councillors every four years.

 

 

 

18.

Draft Re-Organisation Order, Transfer of Property, Rights and Liabilities and Calculation of Budget Requirement pdf icon PDF 102 KB

Subject to approval by the Constitution Committee of the above recommendation, the Sub Committee is asked to recommend approval of the Re-Organisation Order to bring the arrangements for a Parish Council into effect.

 

A first draft of a proposed Re-Organisation Order is attached for consideration.

 

Before the Order can be submitted for approval, the Sub Committee will need to determine the calculation of budget requirement (to be included in Article 10) and the detail of land and Property to be transferred to the parish Council (to be included in Article 11).

 

There is a scheduled meeting of the Constitution Committee on 29 January 2015 to which the Re-Organisation Order could be submitted for approval. Alternatively, a special meeting of the Committee would need to be arranged (no later than the last week in February 2015).    

 

For administrative purposes, the Finance Department require information about precept requirements for all parish councils in Cheshire East by the deadline of 16 January 2015.          

 

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 (LSDC) has been convened for Thursday 8 January 2015 to discuss which assets might be transferred from Cheshire East to the proposed Macclesfield Parish Council from the date of its inception, having regard to officer and legal advice.

 

The Minutes of the Meeting of the Macclesfield LSDC will be circulated at the Sub Committee Meeting.

 

The Sub Committee is then asked to determine the details to be included in the draft Re-Organisation Order (Schedule 2 – Article 12).

 

A Finance Officer will be in attendance at the meeting to provide advice and to assist the Sub Committee on the calculation of the budget requirement.        

 

Additional documents:

Minutes:

The Sub-Committee was advised that subject to the approval of the above recommendation (minute 17 refers) by the Constitution Committee at its meeting on 29 January 2015, it would then also need to approve the Reorganisation Order which would bring the arrangements for a Parish Council into effect.

 

Articles 10 and 11 of the Reorganisation Order related to the calculation of the budget requirement and the transfer of property rights and liabilities and the Sub-Committee now, therefore, needed to determine these.

 

In accordance with the wishes of the last meeting of the Sub-Committee, and also of the Council, a meeting of the Macclesfield Local Service Delivery Committee (LSDC) had been convened to discuss which assets might be transferred from Cheshire East Council from the date of its inception.  The minutes of the LSDC Committee meeting on 8 January 2015 had been circulated prior to the meeting. 

 

For administrative purposes the Finance Department needed the information on precept requirements for all Parish Councils by 16 January and, therefore, a suitable figure needed to be identified to support the assets that would, or might, be transferred in order to enable the Parish Council to carry out its duties effectively.  If the resulting precept ultimately turned out to be too high it could be reduced in future years, or alternatively, the unused balance retained in reserve for unforeseen circumstances. 

 

Using the list provided by the LSDC as the basis for further consideration, and drawing on the experience of other newly established Parish Councils in the Borough, the knowledge of local Members and advice of Officers the Sub-Committee agreed on the following: -

 

1. Allotments

The four allotments in the area would be automatically vested to the Parish Council.  Taking into account the existing operating costs, and work it would be necessary to carry out in the early months following the transfer, it was estimated that a sum of £10,000 needed to be included in the budget provision.

 

2.  The Senior Citizens Hall

The Sub-Committee was advised that this was included in the Macclesfield Town Centre redevelopment proposals, and it was due to be demolished and alternative facilities provided.  It was agreed that it should not be included in assets to be transferred at this stage; no financial provision therefore needed to be made.

 

3.  Weston Community Centre

It was confirmed that work had recently been carried out to improve the condition of the building.  The Sub-Committee agreed that it should be transferred and, in order to cover running costs and future contingencies, it was estimated that financial provision of £20,000 should be made.

 

 

4.  Markets

Members were concerned that a number of complicated human resource matters still needed to be resolved and it was, therefore, considered that transfer should not be included at this stage although it was supported in principle.  As the markets operated at a profit it was not considered necessary to make financial provision for their future management. 

 

5.  Public Conveniences

Members were advised that in accordance with the decision  ...  view the full minutes text for item 18.

19.

Transitional Arrangements pdf icon PDF 80 KB

Part 3 of the Local Government (Parishes and Parish Councils) (England) Regulations 2008 are attached which explain: that the Charter Trustees will be dissolved on the date on which the first parish councillors for the parish come into office; and that all property, rights and liabilities will transfer.

 

The Annual Meeting for the Parish Council must be convened by Cheshire East Council no later than 14 days after the parish councillors take office. A proposed draft agenda for that meeting will be submitted to the next meeting of the Sub Committee for consideration.

 

Minutes:

It was reported that, in accordance with Part 3 of the Local Government (Parishes and Parish Councils) (England) Regulations 2008, the Macclesfield Charter Trustees would be dissolved on the date on which the first parish councillors for the Parish came into office and that all properties, rights and liabilities would transfer; also the Annual Meeting for the Parish Council had to be convened by Cheshire East Council no later than the 14 days after the parish councillors took office.  A proposed draft agenda for that meeting would be considered at the next meeting of the Sub-Committee.

 

Members asked for advice concerning the appointment of an Interim Town Clerk. The Registration and Business Manager said she would seek advice from ChALC as previously they had been very helpful in providing both advice and assistance.

 

RESOLVED

 

1.    That a draft agenda for the Annual Meeting of the Parish Council be considered at the next meeting.

 

2.    That interim appointments and administrative arrangements be further considered at the next meeting.

20.

Future Meeting Dates

Arrangements have been made for meetings to take place on

 

·         Wednesday 12 February at 2.00 pm in the Tatton Room, Macclesfield Town Hall

·         Wednesday 1 April at 10.30 am in the Council Chamber, Macclesfield Town Hall

Minutes:

The dates of the next meeting were noted as being on 12 February at 2.00 pm, and on 1 April at 10.30am.