Meeting documents

Council
Wednesday, 9th September, 2009 7.00 pm

Date:
Wednesday, 9th September, 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, R C A Brown, J Byrne, D M Cassidy, F A Chaudhry, S Cohen, M Connolly, S Costello, A J Cummings, 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, S Hurst, A Isherwood, A K Matthews, D O’Hanlon, S P Penketh, T D Pickstone, P H Redstone, K Rothwell, R Shori, J Smith, B J Sullivan, J W H Taylor, B Theckston, B Vincent, R E Walker, J F Walton, M J Wiseman and Y S Wright (clash of meetings)
Co-opted:
25 members of the public attended the meeting
Apologies for absence:
Councillors K S Briggs, Y Creswell, T Holt and S D Wright

Buttons
Item Description Decision
Open
C.237 DECLARATIONS OF INTEREST
 
C.238 MINUTES OF THE COUNCIL
RESOLVED:

That the Minutes of the meeting of the Council held on 24 June 2009 be confirmed as a correct record and signed by the Mayor
C.239 MAYORAL COMMUNICATIONS AND ANNOUNCEMENTS
 
C.240 PUBLIC QUESTION TIME
 
C.241 RECOMMENDATIONS OF THE EXECUTIVE AND COUNCIL COMMITTEES
RESOLVED:

1. That the recommendation contained in Minute EX.148 be approved and adopted.

2. That, in response to a question raised by Councillor Boden, the funding issues relating to the Council’s Carbon Reduction Commitment, be referred to Officers to examine.

3. That the recommendation contained in Minute EX.228 be approved and adopted.

4. That Councillor Byrne be advised of the decisions taken in respect of the level of Council borrowing referred to in paragraph 5.1 of the report.
C.242 LEADER’S STATEMENT AND EXECUTIVE QUESTION TIME
 
C.243 NOTICES OF MOTION
RESOLVED:

1. That Motion B, as amended above be approved and adopted.

2. That Motion C as amended above, be approve and adopted

3. At the conclusion of the debate on Motion D above, the Mayor, in accordance with Council Procedure Rule 9.2 called for a vote that the whole of the remaining business before the Council be approved. The Council approved the Closure Motion unanimously.
C.244 SCRUTINY REVIEW REPORTS AND SPECIFIC ITEMS “CALLED IN” BY SCRUTINY COMMISSIONS
 
C.245 JOINT AUTHORITIES - REPORT BY THE COUNCIL’S REPRESENTATIVE AND QUESTIONS
 
C.246 QUESTIONS ON THE WORK OF OUTSIDE BODIES OR PARTNERSHIPS
 
C.247 DELEGATED DECISIONS OF THE COUNCIL COMMITTEES
 
The meeting started at 7.00 pm and ended at 10.05 pm

Preamble

Preamble
ItemPreamble
C.237(a) Councillor Rothwell declared personal interests in; any matter related to the Third Sector as a representative of the Council and a Member in his own right of several voluntary and community organisations; and in any matter relating to primary schools as a Governor of St Paul’s CE Primary School.
(b) Councillors Gartside, Smith, Wiseman, Brown and Davison declared personal interests in any related matter as Members of the Board of Six Town Housing Ltd.
(c) Councillor Gunther declared a personal and prejudicial interest in any related matter as a Governor of The Derby School.
(d) Councillors Hurst, Harris and Cummings declared personal and prejudicial interests in any related matter as Governors of Radcliffe Riverside School.
(e) Councillor Ahmed declared a personal interest in any related matter as a Governor of The Derby School.
C.239The Worshipful the Mayor referred to the loyal service of members of the Armed Forces particularly those soldiers of the Royal Regiment of Fusiliers who had died in active service.

The Mayor paid tribute to all members of the Armed Forces for their professionalism and dedication to duty and the support from their families and friends.

The Mayor reported the recent death of Mrs Florence Lyons who was Bury Hospice ‘Woman of the Year’ in 2006. Mrs Lyons was involved in a wide variety of community groups related to both young and older people, notably, representing Bury on the national ‘Better Government for Older People Board’. She was also a founder member of Bury Elders’ Forum. The condolences of the Council had been sent to the family of Mrs Lyons.

The Council joined the Mayor in wishing Councillor Creswell a speedy recovery from her injuries sustained recently in an accident.

The Mayor congratulated Zoƫ Robinson , Honorary Freeman of the Borough, following her success in the European Boccia Games.

Reverend Elizabeth Binns MBE, an employee of the Authority, had been appointed recently as a Deputy Lieutenant of Greater Manchester.

The Mayor congratulated the Council’s Grounds Maintenance Gardeners and the Whitefield Horticultural Society for their joint achievement of a Silver Gilt Award at the Royal Horticultural Society Northern Show at Tatton Park, Cheshire.

In conclusion, the Mayor offered good wishes to the Jewish and Muslim Officers and Members of the Council on the forthcoming Jewish New Year celebrations and the holy month of Ramadan and the Festival of Eid.
C.240Written notice had been given of two questions, the first of which related to the Building for the Future Programme and the second to the future of Radcliffe Riverside School.

Councillor Diana Ashworth, Executive Member for Children and Young People answered both questions.
C.241(a) Minute EX.148 of the meeting of the Executive held on 8 July 2009 - Bury Plan 2009/2012

It was moved by Councillor Bibby and seconded by Councillor Brown and, on being put, with no Member voting against with the Mayor abstaining.

(b) Minute EX.228 of the meeting of the Executive held on 2 September 2009 - Treasury Management Annual Report 2008/2009.

It was moved by Councillor Bibby and seconded by Councillor Brown and, on being put, with no Member voting against with the Mayor abstaining

C.242(a) Written questions (four clear days’ notice given)

1. Issue: Funding by the Council of Bury Housing Concern
Questioner: Councillor Rothwell
Answered by (and action): Councillor Sullivan

2. Issue: Best Value Performance Indicator Failure Intervention Level for roads in the Borough
Questioner: Councillor Pickstone
Answered by (and action): Councillor Gunther

3. Issue: 1. Involvement of Councillors in the Best Value Review of Youth Services 2. Background papers to the Review
Questioner: Councillor Byrne
Answered by (and action): Councillor D Ashworth (All relevant background papers to be submitted to Children & Young People Scrutiny Commission)

4. Issue: Disabled and elderly residents waiting for home adaptations.
Questioner: Councillor V D’Albert
Answered by (and action): Councillor Sullivan

5. Issue: 1. Improvements to The Derby School site 2. Contingency plan for the future of the school, if BSF funding is unavailable
Questioner: Councillor Shori
Answered by (and action): Councillor D Ashworth

6. Issue: 1. “Park Free after 3” initiative in Bury Town Centre 2. Similar scheme in Rochdale
Questioner: Councillor Baum
Answered by (and action): Councillor Gunther (To examine the scheme in Rochdale)

7. Issue: 1. Commercial use of parks within the Borough 2. Development of a plan to encourage commercial use
Questioner: Councillor Costello
Answered by (and action): Councillors Gunther and Bibby (Development of the Commercial Plan)

8. Issue: Complaints against the Council relating to domiciliary care services
Questioner: Councillor Baum
Answered by (and action): Councillor Sullivan

9. Issue: 1. Reduction in late-night disorder in Bury Town Centre 2. Management of evening economy in Bury Town Centre
Questioner: Councillor Smith
Answered by (and action): Councillors Cohen and Bibby

10. Issue: Waste deposited in streams, gardens and footpaths
Questioner: Councillor A S Garner
Answered by (and action): Councillor Gunther

11. Issue: Sheltered accommodation managed by Six Town Housing
Questioner: Councillor Isherwood
Answered by (and action): Councillor Sullivan

12. Issue: Return of waste bins once emptied to domestic properties
Questioner: Councillor A S Garner
Answered by (and action): Councillor Gunther

13. Issue: Issue of brown waste bins to properties in Besses Ward
Questioner: Councillor Matthews
Answered by (and action): Councillor Gunther

14. Issue: Installation of CCTV cameras in the Borough 2005-2009
Questioner: Councillor S Wright
Answered by (and action): Councillor Cohen

15. Issue: The preferred site for the new Millwood School
Questioner: Councillor Cummings
Answered by (and action): Councillor D Ashworth

16. Issue: Collection from blue waste bins in the last three years
Questioner: Councillor S Wright
Answered by (and action): Councillor Gunther

17. Issue: Dog fouling in streets and parks in the Borough
Questioner: Councillor Cassidy
Answered by (and action): Councillor Gunther

18. Issue: Usage and demand for allotment sites in the Borough
Questioner: Councillor Pickstone
Answered by (and action): Councillor Gunther

19. Issue: Street lighting
Questioner: Councillor Boden
Answered by (and action): Councillor Gunther

20. Issue: Funding of the road maintenance programme
Questioner: Councillor Audin
Answered by (and action): Councillor Gunther

21. Issue: Parking of vehicles on Rhiwlas Drive, Bury
Questioner: Councillor Chaudhry
Answered by (and action): Councillor Gunther

22. Issue: Future of the Springs Estate, Bury
Questioner: Councillor Smith
Answered by (and action): Councillor Sullivan

Due to lack of time to answer questions 11 to 22 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)

23. Issue: Housing Options for Older People - Minutes of preparatory meetings
Questioner: Councillor Connolly
Answered by (and action): Councillor Sullivan

24. Issue: Maintenance of revenue funding for various services including waste collection and Surestart
Questioner: Councillor Gartside
Answered by (and action): Councillor Bibby

25. Issue: Future of the Building Schools for the Future funding if the Government changes
Questioner: Councillor V D’Albert
Answered by (and action): Councillor Bibby

26. Issue: New Council Logo - authorisation; consultations; procurement process and total cost
Questioner: Councillor Smith
Answered by (and action): Councillor Bibby (all Councillors to be advised)

27. Issue: Housing Options for Older People - Adequacy of Information in the report
Questioner: Councillor Cummings
Answered by (and action): Councillor Bibby (written response to Councillor Cummings)

28. Issue: Monitoring of low traffic speeds - Review of policy
Questioner: Councillor Boden
Answered by (and action): Councillor Bibby (written response to Councillor Boden)
C.243Four Notices of Motion had been received in accordance with Council Procedure Rule 12:-

(A) Funding of Bury Housing Concern

The following Motion had been received and set out in the Summons:-

“This Council deplores the attack on our most vulnerable citizens by the withdrawal of funding for Bury Housing Concern.

We demand that the funding be restored to ensure the future of this vital and essential service.”

In the names of: Councillors Connolly, Smith, Cummings, Byrne, Holt, Shori, Costello and Grimshaw.

Councillor Connolly sought the permission of the Council to withdraw the Motion in the light of the answer to the written question number 1 in Minute C.242 above.

On being put, with no Member voting against and with the Mayor abstaining, the Council gave permission for the withdrawal of the Motion.

(B) Democracy and Openness

It was moved by Councillor Pickstone and Seconded by Councillor Baum that the following Motion be approved:-

“1. This Council re-affirms its commitment to operating at the highest standards of democracy and openness to the public.
2. This Council therefore welcomes the recent initiative to make appropriate non-key decisions available to members and that this will be available to the public after an appropriate trial period.

3. This Council instructs the Democratic Arrangements Forum to bring proposals to Council by the end of 2009 which will detail how the decisions of the following bodies can be reported to members and the public, and be open to question and review through the Digest of Decisions:

- Executive, Council and Scrutiny
- Greater Manchester Joint Authorities for Fire, Police, Transport and Waste
- Team Bury
- Local Area Partnerships

4. This Council instructs the Democratic Arrangements Forum to undertake the review of public and members question time at Council and Executive, as agreed when the current procedures were introduced in Autumn 2008, and report back to this Council by the end of 2009.

5. This Council welcomes the discussions at the 2009 Strategic Planning Event on the future of Scrutiny, and resolves that that all-party consideration is given to proposals to reform and improve the scrutiny process, for implementation from the beginning of the 2010-2011 municipal year.“

In the names of: Councillors Baum, Mary D’Albert, Vic D’Albert, Davison, Andrew Garner, Ann Garner, O’Hanlon, Pickstone and Steven Wright

An amendment was moved by Councillor Bibby and second by Councillor Brown to the follow effect:-

“1. This Council re-affirms its commitment to operating at the highest standards of democracy and openness to the public.

2. This Council therefore welcomes the recent initiative to make appropriate non-key decisions available to members and that this will be available to the public after an appropriate trial period.

DELETE:

“3. This Council instructs the Democratic Arrangements Forum to bring proposals to Council by the end of 2009 which will detail how the decisions of the following bodies can be reported to members and the public, and be open to question and review through the Digest of Decisions:

- Executive, Council and Scrutiny
- Greater Manchester Joint Authorities for Fire, Police, Transport and Waste
- Team Bury
- Local Area Partnerships”

DELETE:

“4. This Council instructs the Democratic Arrangements Forum to undertake the review of public and members question time at Council and Executive, as agreed when the current procedures were introduced in Autumn 2008, and report back to this Council by the end of 2009.”

INSERT:

“3 This Council requests the Democratic Arrangements Forum to undertake a review of public and members’ questions time at Council and Executive. The outcome of the review to be reported back to Council at the earliest opportunity.”

DELETE:

“5. This Council welcomes the discussions at the 2009 Strategic Planning Event on the future of Scrutiny, and resolves that that all-party consideration is given to proposals to reform and improve the scrutiny process, for implementation from the beginning of the 2010-2011 municipal year.“

INSERT:

“4. This Council undertakes to review the functionality of overview and scrutiny. This process to be overseen by the Scrutiny Management Committee. Any agreed changes would be implemented for the
2010-2011 municipal year.”

The amendment on being put, 24 members voted for, 21 against with the Mayor abstaining, was declared carried.

The substantive motion on being put, 24 voted for, 14 against and with 9 abstentions, was declared carried.

(C) Olympics

It was moved by Councillor O’Hanlon and seconded by Councillor Baum that the following Motion be approved:-

“Council notes that it is now less than three years until the XXX Olympiad in London in 2012.

Council also notes that this event represents the first of many large, international sporting events taking place across the nation in the
following years including the World Cups of Rugby Union, Rugby League, Cricket and perhaps Football.

Council resolves to use this country's upcoming decade of sport to promote sport and physical wellbeing across the borough.

In particular, Council resolves to:

1) Look at opportunities to
C.244There were no Scrutiny Review Reports or specific items ‘called in’ by Scrutiny Commissions to be considered at this Council meeting.

C.245(a) Councillor Creswell, the Council’s representative on the Greater Manchester Fire and Rescue Authority, would circulate her report on the work of that Joint Authority to all Members of the Council.

(b) The following questions had been received in accordance with the Council Procedure Rule 11.2:- (copies of the written answers would be circulated to all Councillors)

1. Joint Authority
and Questioner:Passenger Transport Authority
Councillor Shori
Issue:Subsidies for non-profit making bus routes in the south of the Borough
Answered by (and action):Councillor Creswell

2. Joint Authority
and Questioner:Passenger Transport Authority
Councillor Baum
Issue:Cost of Metrolink tickets
Answered by (and action):Councillor Creswell

3. Joint Authority
and Questioner:Fire and Rescue Authority
Councillor Cassidy
Issue:“Beatsweep” exercise in Moorside Ward
Answered by (and action):Councillor Walton

4. Joint Authority
and Questioner:Police Authority Councillor Connolly
Issue:“Operation Admiral” in Bury Town Centre
Answered by (and action):Councillor Walker

5. Joint Authority
and Questioner:Police Authority Councillor Baum
Issue:Complaints about failure to meet the ‘Policing Pledge’
Answered by (and action):Councillor Walker

6. Joint Authority
and Questioner:Police Authority Councillor Wright
Issue:Description of parts of Manchester by Chris Grayling MP
Answered by (and action):Councillor Walker

7. Joint Authority
and Questioner:Police Authority Councillor S Wright
Issue:Prices of illegal drugs being sold in the Borough
Answered by (and action):Councillor Walker
C.246There 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.247There were no written questions asked on the delegated decisions of the Committees or Scrutiny Commissions contained in the Digest of Decisions 2 and 3 (2009/2010).