Agenda item

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.        

 

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 of the Cabinet at its meeting on 5 September 2011 (minute 49 refers) these would be closed if the Parish Council did not take them on as part of its responsibilities.  Following transfer the Parish Council itself could decide on their future.  It was estimated that financial provision of £50,000 needed to be made for the costs that would be incurred.

 

6.  Town Centre Management

It was estimated that financial provision of £59,000 should be allowed and agreed that this service should be transferred to the Parish Council.

 

7.  Christmas lights

It was estimated that financial provision of £45,000 should be allowed and agreed that this service should be transferred to the Parish Council.

 

8.  Street furniture

It was estimated that financial provision of £1,270 should be allowed and agreed that this asset should be transferred to the Parish Council.

 

9.  Floral displays

It was estimated that financial provision of £10,000 should be allowed and that responsibility for the provision of floral displays should pass to the Parish Council.

 

10.  CCTV

It was estimated that financial provision of £31,450 should be allowed and that responsibility for CCTV should be transferred to the Parish Council

 

11.  Visitor Information Centre

The Sub-Committee considered Macclesfield to be a strategic centre and that the Visitor Information Centre dealt with the needs and requirements of the wider Cheshire East community.  For this reason it did not consider this should transfer to become the responsibility of the Parish Council.

 

12.  Grant applications

In considering the amount of money available for awarding by other Town Councils, it was estimated that financial provision of £80,000 should be allowed for the provision of grants, and that their administration should transfer to the Parish Council.

 

 

13.  Support and administrative costs

Consideration was given to the financial provision needed to support a Town Clerk, Deputy Town Clerk and Secretary for the Parish Council; this included staff oncosts and office accommodation.  It was estimated that a sum of £137,580 should be allowed.

 

14.  The receipt of rental income from the Wilson Bowdon Town Centre Redevelopment

The LSDC had asked for advice to be given to the Sub-Committee on if this was feasible and particular reference was now made to income from car parking provision.  The Legal Team Leader reported that whilst she was not familiar with the existing contracts it would not be possible for them to be changed at this stage.  No further consideration was, therefore given to this suggestion.

 

15.  Transfer of the freehold of Macclesfield Town Hall

The LSDC had asked for advice to be given to the Sub-Committee on whether this could be transferred to the Parish Council with office accommodation being leased back to Cheshire East Council.  Members were advised that this would be inconsistent with what had happened in other newly established Parishes; in addition it would be far too onerous a responsibility for a new Council.  It was therefore agreed that this should not be transferred to the Parish Council.

 

16.  The transfer of car parking provision and income

The Sub-Committee did not agree that this should be transferred.

 

17.  Contingency

In line with past experience, and knowledge of the amounts allocated elsewhere, it was estimated that £100,000 should be allowed.

 

18.  Parish Council office accommodation

The LSDC asked for the Parish Council to have occupational rights to the Council Chamber, Mayor’s Parlour and office accommodation within Macclesfield Town Hall. Members were advised that in line with the arrangements agreed elsewhere in the Borough it would not be possible for this to be allowed but that the hiring of room facilities would not be denied.  The Chairman indicated that he would bring this to the attention of the Cabinet.  

 

Having completed its assessment of assets and services to be transferred, and of the budget required, it was reported that the total amounted to £575,640, which would lead to a precept of £32.98 being raised.

 

The Sub-Committee was informed that Schedule 2 (Article 11) of the draft Reorganisation Order (Land and property to be transferred) required that the date be given by when such transfers needed to have taken place.  It was agreed that this should be 6 months from the date on which the Parish Council was created, in order to allow time for the newly appointed Clerk and Deputy Town Clerk to be appointed; that date would, therefore be 1 October 2015 and would apply to the transfer of Weston Community Centre and the public conveniences.  As allotments were automatically vested in the Parish Council the date for their transfer would be immediate. 

 

RESOLVED

 

That the Constitution Committee be recommended to approve: -

 

1.    That all allotment sites within the relevant area be  transferred to Macclesfield Parish Council with effect from 8 May 2015. 

 

2.    That Weston Community Centre be transferred to Macclesfield Parish Council with effect from 1 October 2015.

 

3.    That the Public Conveniences be transferred to Macclesfield Parish Council with effect from 1 October 2015.

 

4.    That a budget sum of £575,640 be included in the Reorganisation Order for the Parish Councils first year of operation comprising the following:

 

                                          i.    Administrative costs*                       £137,580

                                        ii.    Allotments                                         £10,000

                                       iii.    Weston Community Centre           £20,000

                                       iv.    Public Conveniences                     £50,000

                                        v.    Town Centre Management            £59,000

                                       vi.    Christmas Lights                              £45,000

                                      vii.    Street Furniture                                £1,270

                                    viii.    Floral Displays                                 £10,000

                                       ix.    CCTV                                                 £31,450

                                        x.    Grants                                                £80,000

                                       xi.    Contingency                                                 £100,000

 

                                      xii.    *Plus management and support costs of 15% of gross operating expenditure, excluding CCTV