Full Council 8 April 2014

Draft Minutes of Full Council Tuesday 8 April 2014 at Neston Town Hall

Prior to the meeting at 5.45pmEwan McHenry (CWaC Senior Locality Manager – Rural Communities Locality Working Directorate)met with Councillors to discuss local council matters and answer questions raised by Councillors. Raised amongst other matters were: Flood Resilience, antisocial behaviour at Neston Market Square, Clayhill, relocation of the Job Centre, CWaC Governance – Community Boards, and the High Street road closures. A separate record of the pre meeting is held.

The Mayor thanked Mr McHenry for his attendance.

Present: Cllrs Marlow (Mayor), Barker, Carter, Cummins, Derraugh, Griffiths, Jilani, Hughes, Kynaston, Loch, Sharkey, Shipman and Wilkie.

In attendance: CWaC Ward Councillor Dowding and five members of the public.

PART 1: Items considered in the presence of the press and public

MEETING 11

167 Questions to Council

A resident stated concern that too many expressions of thanks had been given to CWaC for the measures that they had taken to ameliorate the Cuckoo Lane footpath issues; it had been CWaC who had instigated the problems in the first instance.

168 Apologies for absence were received from Cllrs M Cox, C Lloyd, P Lloyd and K Owen and were accepted.

169 Declarations of Interest: None.

170 The minutes of the Council meeting held on 04.03.14.

RESOLVED: Approval of the minutes of the Council meeting held on 04.03.14, with the addition of the words ‘no vote was taken’ at the end of item 162. The minutes were signed by the Mayor.

       Item 158 4 ‘dilapidated property in the town centre’: Cllr Loch advised that she had reported to CWaC officers concerns about the integrity of the property. CWaC advised that action would be taken, should the property deteriorate further.

       Item 157 ‘Effective Appraisals’: Cllr Kynaston reported that this had been an excellent session and a report would be presented at a future date.

171 Cuckoo Lane (item 152)

       171.1 Members received an update report on Cuckoo Lane from CWaC Ewan McHenry (CWaC Senior Locality Manager – Rural Communities Locality Working Directorate).

       171.2 Members noted that a response from CWaC Cllr Riley was due. The Clerk will chase for a response.

172 Mayor’s Report: Members received the Mayor’s report.

173 Clerk’s Report

  • Committee meetings: Due to the noise level in the committee room at the Town Hall on Thursdays, the P&E Committee meeting 24.04.14 and F&TC meeting 08.05.14 have been scheduled to take place at NC&YC, Burton Road.

174 Minutes and Recommendations of Committees and Working Groups

  1. Society and Culture Committee–(Cllr Griffiths) 11.03.14
    • Council noted the minutes.Prior to the Annual Town Meeting (ATM) at 6.30pm, a pre meeting event will take place at 5.45pm.
  1. Planning and Environment Committee – (Cllr Derraugh) 18.03.14
    • Council noted the minutes.
  1. Finance and Town Centre Services Committee (Cllr Barker) 25.03.14
    • Council noted the minutes.

       2   S106 Working Group (Cllr Barker)

  • Council received an oral report of the s106 meeting held on 27.03.14. The official record of the meeting will be circulated when received by the office.

175 Strategy Working Group Report (Cllr Wilkie)

175.1 a] Council received the revised version of the “Strategy for Change” Implementation Plan agreed by the Strategy Working Group REF/001 comprising Cllrs Barker, Griffiths, Loch, Shipman, Wilkie [Group Chair] and the Town Clerk, Mrs Kunaj. Cllr Wilkie gave an overview of the report and the rationale. Members were informed that, in the preamble report of the “Strategy for Change” Implementation Plan, it had been reported that the Council had approved a ‘Strategy for Change’. This was incorrect. The Council had agreed ‘Strategic Priorities’ (Full Council 05.11.14).

It was confirmed that, in response to Cllr Carter’s proposed amendments provided on 28.01.14, the Strategy Working Group had met and formulated a response which had been sent to Cllr Carter via email; a meeting with Cllr Carter and the Group had not taken place.

The Clerk was instructed to ensure that the minutes reflected that the “Strategy for Change” Implementation Plan report REF/001 was being received by Council and not endorsed by Council.

Cllr Wilkie asked for recorded votes for the following motion and for recorded votes be taken for any amendments that may be presented to the motion.

175.1 b] The Motion: ‘The Council accepts the proposals contained within the “Strategy for Change” Implementation Plan REF/001 agreed by the Strategy Working Group’ was proposed by Cllr Wilkie and seconded by Cllr Shipman.

Cllr Carter proposed 4 amendments to the motion:

Recommendation 1 (a)

Amendment: replace with: “a dedicated Town Centre committee, the terms of reference of which should include economic issues including promoting the improvement of Clayhill Business Park.”

Recommendation 1 (c)

Amendment: replace with: “A Human Resources Committee, consisting the Mayor, or Deputy Mayor, Chair Finance & General Purposes Committee and two other councillors, which would be responsible for all staffing and employment issues, including review of staff performance and identification of training needs.”

Recommendation 3

Amendment: replace “Town Centre Committee” with “Society and Culture Committee.”

Recommendation 5

Amendment: after “where appropriate and practicable” add “and where the asset in question can be demonstrated to be financially viable.”

The amendments were seconded by Cllrs Cummins and Kynaston.

A vote took place.

Result of vote:

For: Cllrs Hughes, Griffiths, Derraugh, Kynaston, Cummins, Carter and Marlow (7).

Against: Cllrs Loch, Wilkie, Shipman, Jilani, Barker and Sharkey (6).

The amendments were carried.

A proposal was made by Cllr Shipman and seconded by Cllr Wilkie

RESOLVED: To suspend the standing orders relating to the rules of debate in order to receive a series of amendments and for Council then to vote on the substantive motion.

Cllr Sharkey proposed an amendment to Recommendation 3 that this was reverted back to the Town Centre Committee. The proposal was seconded by Cllr Barker.

A vote took place.

Result of vote:

For: Cllrs Sharkey, Barker, Jilani, Shipman, Wilkie and Loch (6).

Against: Cllrs Carter, Cummins, Kynaston, Derraugh, Griffiths, Hughes & Marlow (7).

The amendment fell.

Cllr Dowding left the meeting.

       Cllr Kynaston proposed amendment to Recommendation 6b by deletion of the word ‘staffing’. The proposal was seconded by Cllr Shipman.

The members of the public left the meeting.

A vote took place.

Result of vote:

For: Cllrs Marlow, Sharkey, Carter, Cummins, Kynaston, Jilani, Derraugh, Griffiths, Shipman, Wilkie and Loch (11).

Against: Cllrs Barker and Hughes (2).

The amendment was carried.

Cllr Griffiths proposed amendment to Recommendation 7 by deletion of the word “Decided”. The amendment was seconded by Cllr Marlow. A vote took place.

Result of vote:

For: Cllrs Carter, Cummins, Jilani, Derraugh, Marlow, Griffiths & Hughes (7).

Against: Cllrs Sharkey, Barker, Shipman, Wilkie and Loch (5).

Abstained: Cllr Kynaston.

The amendment was carried.

Clarification was sought for Recommendation 9. It was confirmed that any decision would have to have been mutually agreed, the Clerk would be authorised to exercise that power, in liaison with the Chair of the Committee; this would include expenditure items. The routine non-contentions issues would be reported as appropriate to the relevant Committee via the Clerk’s report.

Cllr Jilani left the meeting.

Concerns were raised regarding Recommendation 10, the request for the Clerk to make recommendations, as this could be implied as a decision by the Clerk.

Cllr Kynaston proposed an amendment for Recommendation 10, replacement of the word ‘possible’ with ‘appropriate’. The proposal was seconded by Cllr Shipman.

A vote took place.

Result of vote:

For: Cllrs Marlow, Sharkey, Carter, Cummins, Kynaston, Derraugh, Griffiths, Shipman, Wilkie and Loch (10).

Against: Cllr Barker (1).

The amendment was carried.

A proposal was made by Cllr Shipman and seconded by Cllr Wilkie

RESOLVED: To reinstate standing orders relating to the rules of debate.

The Mayor proposed that the substantive motion be approved. A vote took place.

Result of vote:

For: Cllrs Marlow, Sharkey, Carter, Cummins, Barker, Kynaston, Derraugh, Griffiths, Shipman, Wilkie and Loch (12)   Against: 0

RESOLVED: Approval of the substantive motion.

175.2 a. RESOLVED: That the Finance and General Purposes Committee would be the most appropriate Committee to deal with allotment issues.

175.2 b. Council agreed that due to the amendments made, the proposed Terms of Reference REF/002 for each of the Committees as outlined in the “Strategy for Change” Implementation Plan could not be applied.

RESOLVED: That a small working group comprising Cllrs Carter, Shipman and the current Chairs of the Committees of the Council be set up to meet and draw up the Terms of References for the Council’s Committees.

176 Finance

176.1 RESOLVED: That the reconciliation of the Neston Town Council current account and the 12 month investment account and bank statements to the 31.03.14 balanced. The Mayor initialled the balancing figures.

176.2 RESOLVED: Approval of the Expenditure items totalling £12,101.97 net.

177 Budget

Council received and considered the budget comparisons to 31.03.14. Members acknowledged that a number of budgets had been exceeded, but given that the cash balances were high, there were no undue concerns.

178 Grants Table

Council received the list of grants provided by NTC to 31.03.14.

179 Assets

       To receive the Council’s assets list. – This item was deferred.

In order to conclude the items of business Council:

RESOLVED: To suspend NTC standing order ‘meeting shall not exceed a period of 2 hours’.

180 Town Councillor Items

180.1 General Power of Competence (Cllr Wilkie)

A proposal was made by Cllr Wilkie and seconded by Cllr Cummins

RESOLVED: ‘That Cheshire West and Chester Council be advised that it is the wish of this Council that in the event of future resignations of any Neston Town Councillor, where the filling of such a vacancy would result in the loss of the Power of Competence, that such a vacancy should be filled by means of election’.

180.2 Coastal Community Fund (CCF) (Cllr Wilkie)

A proposal was made by Cllr Wilkie and seconded

RESOLVED: ‘That the Town Council endorse the principal of submitting a stage one application to the Coastal Communities Fund on the basis, that if a stage two bid is invited, that this bid be brought back to the Town Council for consideration before submission’.

Cllr Cummins left the meeting.

181 Substitute Membership at Committees and Sub-committees

181.1 Council received an oral report from the Clerk for substitute membership.

181.2 To approve that substitute membership should be agreed at the point at which membership of the body is agreed.   Council did not discuss this item.

182 Local Plan (Part One)

Council noted that a CWaC Pre-Hearing Meeting (PMH) will be held on Friday 04.04.14 at 9.30am; the hearings for the examination will commence on 17.06.14 at 9.30am and are expected to last three weeks until 04.07.14. The Inspector’s Matters and Issue Paper, Guidance Notes, Timetable and PMH agenda can be viewed on the Cheshire West and Chester Local Plan (Part One) Strategic Policies Examination page by selecting the ‘Supporting Documents’ at the bottom of this page: –

http://consult.cheshirewestandchester.gov.uk/portal/cwc_ldf/cwc_lp/localplanexamination/examination

183 Exclusion of the Press and Public: Council Resolved: that under the Public Bodies (Admission to Meetings) Act 1960 (as extended by s.100 of the Local Government Act 1972), the public and accredited representatives of newspapers be excluded from the meeting for the following items of business on the grounds that it involves the likely disclosure of exempt information as defined in Part 1 of Schedule 12A of the Local Government Act 1972 by virtue of the paragraph specified against the item.

Part 2: Items considered in the absence of the press and public

184 Lease Agreement for Town Hall occupation (item 165.2)

      184.1 RESOLVED:

  1. for Council not to have Security of Tenure for the Lease Agreement for the occupation of the Town Council offices at the Town Hall and to receive the “Notice that sections 24 to 28 of the Landlord and Tenant Act 1954 are not to apply to Business Tenancy”.
  2. for Cllr T Marlow (Mayor) to sign the Declaration of Notice to exclude the protection of the Landlord and Tenant Act 1954.
  3. for the instruction of an independent solicitor to witness the declaration.

184.2 Council received the Lease Agreement for the occupation of the Town Council offices at the Town Hall.

RESOLVED: That two members of the Council, Cllrs Marlow (Mayor) and Barker (F&TC Committee Chairman) to sign the Lease Agreement for the occupation of the Town Council offices at the Town Hall, following the signing of the documents above (items 184.1 b & c). The Proper Officer shall witness their signatures.

185 Staff Appraisals

Council received an oral report from the Mayor for the NTC’s staff appraisals.

186 Date and time of next meeting: Council noted that the date and time of the next Full Council scheduled meeting will be the Annual Meeting of the Council held on Tuesday 20th May at 7.30pm. This will be preceded by the Annual Town Meeting at 6.30pm and a pre meeting event at 5.45pm; the Town Hall will be open from 5.15pm to welcome attendees.

Meeting closed at 9pm