Meeting documents

Council
Wednesday, 24th June, 2009 7.00 pm

Date:
Wednesday, 24th June, 2009
Time:
7.00pm
Place:
The Council Chamber, Town Hall, Bury
 

Attendance Details

Present:
The Worshipful the Mayor (Councillor S P Magnall) in the Chair;
Councillors I Ahmed, D M Ashworth, P Ashworth, K Audin, R L Baum, C A Berry, R A Bibby, D B Bigg, D Boden, K S Briggs, R C A Brown, J Byrne, D M Cassidy, F A Chaudhry S Cohen, M Connolly, S Costello, Y Creswell, M D’Albert, V D D’Albert, W J Davison, A J Garner, A S Garner, I B Gartside, J Grimshaw, D L Gunther, M Hankey, J Harris, D M Higgin, T Holt, S Hurst, A Isherwood, D O’Hanlon, S P Penketh, T D Pickstone, K Rothwell, R Shori, B J Sullivan, J W H Taylor, B Theckston, B Vincent, R E Walker, J F Walton, M J Wiseman, S D Wright and Y S Wright
Co-opted:
21 members of the public attended the meeting
Apologies for absence:
Councillors A J Cummings, A K Matthews, P H
Redstone and J Smith
Buttons
Item Description Decision
Open
C.105 DECLARATIONS OF INTEREST
Preamble for item C.105
 
C.106 MINUTES OF THE COUNCIL
 RESOLVED:

That the Minutes of the meeting of the Council held on 13 May 2009 be confirmed as a correct record and signed by the Mayor subject to the inclusion of Councillor Redstone’s name amongst those present at the meeting. `
C.107 MAYORAL COMMUNICATIONS AND ANNOUNCEMENTS
Preamble for item C.107
 
C.108 PUBLIC QUESTION TIME
Preamble for item C.108
 
C.109 MUNICIPAL BY-ELECTION JUNE 2009 - RADCLIFFE WEST WARD
Preamble for item C.109
 
C.110 RECOMMENDATIONS OF THE EXECUTIVE AND COUNCIL COMMITTEES
Preamble for item C.110
RESOLVED:

That the Annual Report be approved and adopted.
C.111 LEADER’S STATEMENT AND EXECUTIVE QUESTION TIME
Preamble for item C.111
RESOLVED:

That the matter be referred to the Democratic Arrangements Forum for discussion.
C.112 DECISION TAKEN BY VIRTUE OF SPECIAL URGENCY - REVIEW OF COUNCIL HOUSE RENTS
Preamble for item C.112
RESOLVED:

That the decision be noted.
C.113 SCRUTINY REVIEW REPORTS AND SPECIFIC ITEMS “CALLED IN” BY SCRUTINY COMMISSIONS
Preamble for item C.113
 
C.114 JOINT AUTHORITIES - REPORT BY THE COUNCIL’S REPRESENTATIVE AND QUESTIONS
Preamble for item C.114
 
C.115 QUESTIONS ON THE WORK OF OUTSIDE BODIES OR PARTNERSHIPS
Preamble for item C.115
 
C.116 DELEGATED DECISIONS OF THE COUNCIL COMMITTEES
Preamble for item C.116
 
The meeting started at 7.00 pm and ended at 8.40 pm

Preamble

Preamble
ItemPreamble
C.105(a) Councillor Rothwell declared a personal interest in Minute C.112 below (Decision Taken by Virtue of Special Urgency - Review of Council House Rents), as a tenant of a Council property.
(b) Councillor Gunther declared a personal and prejudicial interest as a Governor of the Derby School in the event any matter relating to the school was raised.
(c) Councillors Ahmed (The Derby High), Harris (Radcliffe Riverside) and Gunther (Te Derby High) declared personal and prejudicial interests as Governors of those schools below, in respect of the questions raised by Councillors Connolly and V D’Albert relating to disabled access for pupils at schools in the Borough, particularly for the pupils at Radcliffe Riverside School. All of these Councillors left the Chamber for the duration of the debate.
(d) Councillor Hurst declared a personal and prejudicial interest as a Governor of Radcliffe Riverside School in respect of the questions raised by Councillors Connolly and V D’Albert relating to disabled access for pupils at schools in the Borough, particularly for the pupils at Radcliffe Riverside School. He left the Chamber during the debate, once his interest became apparent.
(e) Councillor Brown declared a personal interest in Minute C.112 below (Decision Taken by Virtue of Special Urgency - Review of Council House Rents), as the owner of a property occupied by a tenant in receipt of Housing Benefit.
C.107The Worshipful the Mayor reported the recent death of Mr Les Ratcliffe who had been actively involved in supporting the work of Bury Hospice Association and the East Lancashire Railway, including acting as President of both organisations.

The Council’s sympathy and condolences had been sent to Mr Ratcliffe’s family.

The Council stood in silence in remembrance as a mark of respect for Mr Ratcliffe.

The Mayor reported that Mrs Hilda Harvey, Chair of Bury Primary Care NHS Trust, had been awarded the MBE and that Ms Susan Hodgkiss, Chair of the William Hare Group, had been awarded the CBE in Her Majesty the Queen’s Birthday Honours List. The Council’s congratulations have been conveyed to Mrs Harvey and Mrs Hodgkiss.

The Town Twinning Festival, arranged by the Community Twinning Association to celebrate the Fiftieth Anniversary of the initial establishment of Twinning and Friendship links, will be held from 8 to 14 July 2009. Representatives of the Council’s Twin Towns will be visiting the Borough during the Festival and several special events had been arranged.

The Mayor reported the sudden illness of Councillor Matthews and that he was in hospital currently. The Mayor and Members of Council wished him a speedy return to good health.
C.108No written questions from members of the public had been received by the deadline of four clear working days prior to the meeting.
C.109It was reported that Councillor Rishi Shori had been elected to fill the Casual Vacancy in Radcliffe West Ward, following the recent resignation of former Councillor Wayne Campbell. The Mayor welcomed Councillor Shori to his first meeting of the Council.
C.110Minute EX.53 of the meeting of the Executive held on 10 June 2009 - Risk Management Annual Report 2008/2009

It was moved by Councillor Bibby and seconded by Councillor Creswell that the Annual Report be approved.

On being put, with no Member voting against and the Mayor abstaining, it was:-
C.111The Leader of the Council, Councillor Bibby, made a statement on the work of the Executive since the date of the last Council meeting. The Leader and the relevant Executive Members answered questions raised by Councillors on the following issues:-

(a) Written questions (four clear days’ notice given)

1. Issue: 1. Soccer Zone Development in Heaton Park and its effects on residents’ quality of life - provision of free and subsidised sports facilities 2. Support for Prestwich residents affected
Questioner: Councillor Pickstone
Answered by (and action): Councillor Sullivan

2. Issue: 1. Proposed improvements to public transport across Greater Manchester 2. Financial implications for Bury
Questioner: Councillor Baum
Answered by (and action): Councillor Bibby

3. Issue: 1. Selection of the Council’s energy supplier 2. Green Energy Sustainability
Questioner: Councillor A S Garner
Answered by (and action): Councillor Gunther

4. Issue: 1. Removal of graffiti 2. Graffiti in the Prestwich area
Questioner: Councillor A J Garner
Answered by (and action): Councillor Gunther

5. Issue: “Love Prestwich Festival” - Success of the Initiative
Questioner: Councillor V D’Albert
Answered by (and action): Councillor Creswell

6 and 7. Issue: 1. Cost of repairs to the Borough’s roads and pavements and compensation claims against the Council 2. Single Capital loan for all repairs (M D’Albert) 3. Reason for cuts in the repair budgets (Grimshaw)
Questioner: Councillors M D’Albert and Grimshaw
Answered by (and action): Councillor Gunther

8. Issue: Powers of the Council to require private development sites are maintained
Questioner: Councillor M D’Albert
Answered by (and action): Councillor Cohen

9. Issue: 1. Publicity of the re-cycling collection dates across the Borough 2. Possible re-organisation of collection routes
Questioner: Councillor A S Garner
Answered by (and action): Councillor Gunther

10. Issue: Council action to combat nuisance caused by noisy neighbours
Questioner: Councillor S Wright
Answered by (and action): Councillor Cohen

11. Issue: Environmental issues from the Oasis Concerns in Heaton Park
Questioner: Councillor S Wright
Answered by (and action): Councillor Gunther

12. Issue: Reduction of absences of Council employees
Questioner: Councillor A J Garner
Answered by (and action): Councillor Walton

13. Issue: Council expenditure on compulsory purchase of empty properties
Questioner: Councillor V D’Albert
Answered by (and action): Councillor Cohen

14. Issue: Council strategies to improve the health of its workforce
Questioner: Councillor O’Hanlon
Answered by (and action): Councillor Walton

15. Issue: Work experience offered to schoolchildren by the Council and its partners
Questioner: Councillor O’Hanlon
Answered by (and action): Councillor Hankey

16. Issue: Fixed Penalty Notices for litter and dog fouling offences in the six Townships
Questioner: Councillor Baum
Answered by (and action): Councillor Gunther

17. Issue: Council strategies to alleviate deprivation in Radcliffe
Questioner: Councillor Shori
Answered by (and action): Councillor Bibby

18. Issue: Proposal to reduce the operating hours of street lighting
Questioner: Councillor Boden
Answered by (and action): Councillor Higgin

19. Issue: Pay and Grading of Council Employees - Commitments to disadvantaged employees
Questioner: Councillor Holt
Answered by (and action): Councillor Walton

20. Issue: Re-build (re-cycling of used furniture) - Excellence of its work
Questioner: Councillor Cassidy
Answered by (and action): Councillor Creswell

21. Issue: Asset Management Plan of the Council
Questioner: Councillor Connolly
Answered by (and action): Councillor Gartside

22. Issue: Upkeep of Estate Roads - Resources Available
Questioner: Councillor Boden
Answered by (and action): Councillor Gunther

23. Issue: Ainsworth Village area of the Borough
Questioner: Councillor Isherwood
Answered by (and action): Councillor Bibby

24. Issue: Advertising ‘A’ Boards - Enforcement Policy relating to disabled or vulnerable people
Questioner: Councillor Rothwell
Answered by (and action): Councillor Cohen

Due to lack of time to answer questions 10 to 24 inclusive, the Leader gave an undertaking that copies of the answers to those questions would be circulated to all Councillors.

(b) Oral Questions on the work of the Executive since the last Council meeting (without Notice)

25. Issue: Whether closure of Radcliffe Riverside School was compatible with Government targets for Community Cohesion
Questioner: Councillor Shori
Answered by (and action): Councillor Bibby

26. Issue: Pupils with physical disabilities at Radcliffe Riverside School
Questioner: Councillor Connolly
Answered by (and action): Councillor Bibby

27. Issue: The closure of Radcliffe Riverside School - removal of secondary education in Radcliffe
Questioner: Councillor Briggs
Answered by (and action): Councillor Bibby

28. Issue: The source of the funding for the new build Radcliffe Riverside School
Questioner: Councillor S Wright
Answered by (and action): Councillor D Ashworth

29. Issue: Pupils with physical disabilities at Radcliffe Riverside School and at schools across the Authority
Questioner: Councillor D’Albert
Answered by (and action): Councillor Bibby

30. Issue: The source of the funding from the Authority towards the cost of the new build Radcliffe Riverside School
Questioner: Councillor Isherwood
Answered by (and action): Councillor Bibby

31. Issue: Educational provision for secondary pupils in Radcliffe up to the opening of the new build Radcliffe Riverside School
Questioner: Councillor Costello
Answered by (and action): Councillor Bibby

32. Issue: Budget Option to reduce the operating hours of street lighting
Questioner: Councillor Boden
Answered by (and action): Councillor Bibby
Councillor Higgin

Councillor Connolly moved a Motion without notice that the procedure for selecting the order that written questions are answered at Council meetings, be referred to the Democratic Arrangements Forum for discussion. Councillor Cummings seconded the motion.

On being put with no Member voting against and with the Mayor abstaining, it was:-
C.112In accordance with Paragraph 16 of the Access to Information Rules in the Council Constitution, the Chief Executive reported the details of the following Council decision taken in circumstances of special urgency:-

Decision

“To receive Council house rents following publication of the Department of Communities and Local Government’s Housing Revenue Account Subsidy Determination 2009/2010 Amending Determination 2009.”

The intention of the Government in the Amending Determination was to offer to distribute to authorities additional housing subsidy to facilitate a reduction in the national average increase in Council house rents.

The urgent decision resulted in the average rent increase approved by the Budget Council on 25 February 2009 of 6% being reduced to an average 3.04% for 2009/2010.

Decision-Maker

The Director of Finance and E-Government in consultation with the Executive Members for Resource and Health and Well-Being. Councillor Holt, Chair of the Resource and Performance Scrutiny Commission, had confirmed that the decision could not be reasonably deferred.

It was moved by Councillor Bibby and seconded by Councillor Creswell, that the decision be noted.

On being put with no Member voting against and with the Mayor abstaining, it was:-
C.113There were no Scrutiny Review Reports or specific items ‘called in’ by Scrutiny Commissions to be considered at this Council meeting.
C.114(a) Councillor Walton, the Council’s representative on the Greater Manchester Fire and Rescue Authority, gave a verbal report on the work of that Joint Authority to Members of the Council present at the meeting.

(b) The following question had been received in accordance with Council Procedure Rule 11.2:-

Joint Authority: Greater Manchester Police Authority - Councillor Baum
Issue: The discretion of the Chief Constable to disclose Police warnings, investigations and allegations on enhanced CRB checks
Answered by (and action): Councillor Walker

Joint Authority: Greater Manchester Fire and Rescue Authority -
Councillor O’Hanlon
Issue: 1.Fire and Rescue Authority’s Performance Plan 2008/2009 2. Reference of the Best Value Performance Indicators to the Audit Commission
Answered by (and action):Councillor Walker
(will take advice)
C.115There were no written questions on the work of outside bodies or partnerships on which the Council is represented, submitted in accordance with Council Procedure Rule 11.2.
C.116There were no written questions asked on the delegated decisions of the Committees or Scrutiny Commissions contained in the Digest of Decisions 1 (2009/2010).