Agenda and minutes

Council (SMDC) - Wednesday, 11th October, 2017 6.30 pm

Venue: The Council Chamber, Moorlands House, Stockwell Street, Leek. View directions

Contact: Linden Vernon 01538 395613  Email: linden.vernon@staffsmoorlands.gov.uk

Media

Webcast: View the webcast

Items
No. Item

15.

Minutes of the Annual Council Meeting 10 May 2017, Council Assembly 19 July 2017 and Extraordinary Council Meeting 6 September 2017 pdf icon PDF 239 KB

Additional documents:

Minutes:

RESOLVED -    That the Minutes of the Annual Council Meeting 10 May 2017, Council Assembly 19 July2017 and the Extraordinary Council Meeting 6 September 2017be approved as a correct record and signed by the Chairman.

 

16.

Urgent items of business, if any (24 hours notice to be provided to the Chairman).

Additional documents:

Minutes:

Councillor Wood requested that, following the response received from the Department of Health with regards to the Council’s motion of no confidence in North Staffordshire CCG agreed on 6 September 2017, the Council forwards this motion to NHS England.  The Leader of the Council confirmed that she would be meeting the Secretary of State for Health shortly to discuss this matter.

 

RESOLVED -      That the Council’s motion of no confidence in North Staffordshire CCG be forwarded to NHS England.

17.

Declarations of interest

1.    Disclosable Pecuniary Interests

2.    Other Interests

Additional documents:

Minutes:

The following declarations were made:-

 

Agenda Item

Members Declaring Interest

Nature of Interest

Any site specific matters arising relating to the Local Plan.

Cllrs. Hart and Johnson

Disclosable Pecuniary Interest

 

18.

Chairman's or Leader's announcements and correspondence, if any.

Additional documents:

Minutes:

The Chairman thanked members for attending his Civic Service on 30 July 2017 and reminded members that his Charity Ball would take place on 28 April 2018.

19.

Cabinet - 1 August 2017 - Performance Framework 2017/18 (incorporating the Annual Report 2016/17 and revised Corporate Plan 2017-2019) pdf icon PDF 248 KB

Recommendation - That the revised Corporate Plan 2017-2019 be approved.

 

Additional documents:

Minutes:

It was requested by Councillor K. Jackson that officers be instructed to consider the implications for the introduction of a 1 hour parking charge at Wharf Road, Biddulph.  The Leader of the Council requested that the suggestion be put in writing for further consideration to be given.

 

RESOLVED -         That the revised Corporate Plan 2017-2019 be approved.

20.

Audit and Accounts Committee - 28 July 2017 - Annual Treasury Management Report pdf icon PDF 723 KB

Recommendation - That the Annual Treasury Management Report 2016/17 be approved.

Additional documents:

Minutes:

RESOLVED -      That the Annual Treasury Management Report 2016/17

be approved.

21.

Audit and Accounts Committee - 28 July 2017 - Treasury Management Update Report pdf icon PDF 564 KB

Recommendation - That the Treasury Management position as at 30th June 2017 be noted.

Additional documents:

Minutes:

RESOLVED -      That the Treasury Management position as at 30 June

2017 be noted.

22.

Audit and Accounts Committee - 27 September 2017 - Treasury Management - Update Report pdf icon PDF 595 KB

Recommendation - That the Treasury Management position as at 31st August 2017 be noted.

Additional documents:

Minutes:

RESOLVED -    That the Treasury Management position as at 31

August 2017 be noted.

23.

Constitution Review Working Party - 10 October 2017 - Draft Updated Procurement Procedure Rules pdf icon PDF 1 MB

Recommendation – That Council approves the revised Procurement Procedure Rules.

 

Additional documents:

Minutes:

RESOLVED –   That the revised Procurement Procedure Rules be approved.

24.

Constitution Review Working Party - 10 October 2017 - Amendment to the Council's Constitution, Part 3, Table 7 - Delegation to the Executive Director (Transformation) (Chief Finance Officer) pdf icon PDF 374 KB

Recommendation - That Council approves the additional delegation relating to cheque signing rules.

 

Additional documents:

Minutes:

RESOLVED -    That the additional delegation relating to cheque signing rules as detailed in the report be approved.

25.

Approval of Dispensation

To review, in accordance with Section 85 of the Local Government Act 1972, the approval of a dispensation to Councillor D. Trigger from attending meetings of the Council and its constituent bodies due to his ongoing treatment for a medical condition until the next meeting of the Council when the situation will be reviewed.

 

Additional documents:

Minutes:

RESOLVED -    That, in accordance with Section 85 of the Local Government Act 1972, Councillor D. Trigger be granted a dispensation from attending meetings of the Council and its constituent bodies due to his ongoing treatment for a medical condition until the next meeting of the Council when the situation would be reviewed.

26.

To answer questions asked under Procedure Rule No. 10, if any. pdf icon PDF 329 KB

(At least two clear days notice required, in writing, to the Proper Officer in accordance with Procedure Rule 11.3.)

 

Additional documents:

Minutes:

1.  Question to the Leader of the Council received from Councillor Chris Wood:

 

“Following the decision by Leek Post and Times to terminate their lease of the building in Market Place, can the Leader of the Council inform the Council the costs which the Council will now incur in terms of rent and ongoing costs.”

 

Response:

 

“The Council has not received formal legal notification or intention to vacate the premises by the Post & Times. The occupier cannot surrender the lease without the Council agreement.”

 

In response to supplementary questions the Leader of the Council stated that the tenant was aware of their obligations and that it would not be appropriate to discuss terms of the lease in open session.

 

2. Question to the Portfolio Holder for Environment received from Councillor Charlotte Atkins:

 

“What is the maintenance schedule for the footpath from The Walks to John Street?”

 

Response:

 

“We believe the footpath is an adopted public right of way and therefore its maintenance is a matter for our County Council colleagues not SMDC.  As an adopted public right of way this Council does periodically clear the footpath of litter, which is scheduled on a 4 weekly basis”

 

In response to supplementary questions the Portfolio Holder issued the following written statement to councillors to confirm the liabilities of the Council:

 

“As mentioned on the night in my reply this Council only has responsibility to clear litter and fly-tipping from the adopted highway. Highways, including footpaths, are adopted by the County Council who have responsibility for highway safety which would include dealing with obstructions such as overhanging vegetation, potholes, surface maintenance, signage and the like. Adopted highways are known as maintainable at the public expense.

The County Council has a helpful map on their website which allows anyone to look up whether or not a road or footpath is maintainable at the public expense. The link is:-

 

https://www.staffordshire.gov.uk/transport/staffshighways/Highway-Record-Enquiries/Road-status/Search.aspx

 

I should add not everything is that simple where a road is not adopted. An example covered in the local media recently was Fowlchurch Road in Leek. Here the road is adopted up to our Fowlchurch depot. Beyond the depot the road is maintainable under a separate sale agreement between this Council and the County Council whereby we have shared maintaining liability proportionate to the usage, this mostly being to SCC’s Waste Transfer Station and Household Waste Recycling Centre.

 

3. Question to the Leader of the Council received from Councillor Charlotte Atkins:

 

“What progress has been made on hearing loops for the Dove Room, the Churnet Room and the Council Chamber?”

 

Response:

 

“The hearing loops are currently going through the design phase as solutions and options are being drawn up to create specifications which will be put out to tender. Once the tender is issued there will be an advertisement period of 4 weeks and on receipt of those tenders and award made an update can follow on timescales for implementation.”

 

In response to supplementary questions the Leader of the Council confirmed that the requirements  ...  view the full minutes text for item 26.

27.

To consider any political group appointments or changes to membership, if any. pdf icon PDF 6 KB

Additional documents:

Minutes:

RESOLVED -    That the following amendments to committee membership be noted subsequent to changes to political group membership:-

 

Appeals Board:

Delete:      Councillor M. Bowen

Add:          Councillor C. Wood

 

Service Delivery Overview and Scrutiny Panel:

Delete:      Councillor D. Ogden

Add:          Councillor D. Price

 

Health Overview and Scrutiny Panel:

Delete:      Councillor D. Ogden

Add:          Councillor D. Price