Meeting documents

Council
Tuesday, 18th May, 2010 2.00 pm

Date:
Tuesday, 18th May, 2010
Time:
2.00pm
Place:
The Council Chamber, Town Hall, Bury
 

Attendance Details

Present:
The Worshipful the Mayor (Councillor S Magnall) in the Chair;
Councillors I Ahmed, A Audin, K Audin, R L Baum, I Bevan, R A Bibby, D B Bigg, D Boden, R C A Brown, J Byrne, R Caserta, D M Cassidy, S Cohen, M Connolly, S Costello, Y Creswell, A J Cummings, M D’Albert, V D D’Albert, W J Davison, A S Garner, I B Gartside, J Grimshaw, D L Gunther, M Hankey, J Harris, T Holt, S Hurst, A Isherwood, J Lewis, A K Matthews, D O’Hanlon, N Parnell, S P Penketh, T D Pickstone, A Quinn, K Rothwell, R Shori, J Smith, J W H Taylor, B Theckston, B Vincent, R E Walker, S Walmsley, T Tariq, J F Walton, M J Wiseman, S D Wright and Y S Wright.
16 members of the public attended Part 1 of the meeting.

150 members of the public attended Part 2 of the meeting.


Apologies for absence:
Councillor D M Higgin
Buttons
Item Description Decision
Open
C.01 DECLARATIONS OF INTEREST
There were no interests declared at the meeting.
C.02 MINUTES OF LAST MEETING
RESOLVED:

That the Minutes of the meeting of the Council held on 17 March 2010 be approved as a correct record and signed by the Mayor.
C.03 MAYORAL COMMUNICATIONS
The Worshipful the Mayor informed the Council of the recent accident suffered by Councillor David Higgin and his subsequent admission to hospital. He was now making satisfactory progress and members joined with the Mayor in offering good wishes for a speedy recovery.

The Mayor further reported that she had been pleased to accompany the Bury Youth Sports Team whilst they participated, in the International Youth Games held in Tulle, France. The Team had much success and the Council’s congratulations were offered to all concerned.
C.04 ELECTION OF COUNCILLORS
The Chief Executive reported the election of Councillors on May 6 2010 as follows:-

Ramsbottom Ian Bevan
North Manor James Taylor
Tottington Iain Gartside
Elton Michael Hankey
Moorside Sandra Walmsley
East Trevor Holt
Church Bob Bibby
Redvales Tamoor Tariq
Unsworth Ann Audin
Radcliffe East Nick Parnell
Radcliffe North Jane Lewis
Radcliffe West Rishi Shori
Pilkington Park Bernie Vincent and Robert Caserta
Besses Ken Audin
Holyrood Tim Pickstone
St Mary’s Donal O’Hanlon
Sedgley Alan Quinn

C.05 ELECTION OF LEADER
Councillor Creswell moved that Councillor Bibby be elected Leader of the Council for a four year term of office.

Councillor Walton seconded the nomination.

The motion on being put, 21 members voted for, none against and with 29 abstaining, was declared carried.
C.06 COUNCIL CONSTITUTION
RESOLVED:

1.That revisions to the Council’s Constitution and the Scheme of Delegation as set out in the report and its appendices be approved, as follows:-

Strong Leader Model - Changes to the Constitution

Summary and Explanation (Pages 9 - 15)
Minor changes to describe the ‘Leader/Cabinet’ (as opposed to Executive)

Article 2

Minor changes to describe ‘Leader/Cabinet’

Article 3 and 5

Minor changes to describe ‘Leader/Cabinet’

Article 4

Amendments to numbering of sub paragraphs to Paragraph 4.2
Minor changes to describe ‘Leader/Cabinet’

Article 7

Appointment/Role of the Leader
Role of the Deputy Leader
Form and composition of the Cabinet
Cabinet members
Role Specifications for Cabinet Member (to follow)


Article 11

Minor changes to describe ‘Leader/Cabinet’

Article 13

Minor changes to describe ‘Leader/Cabinet’

Part 3 - Responsibilities for functions

Minor changes to describe ‘Leader/Cabinet’

Part 4 - Rules of Procedure

Minor changes to describe ‘Leader/Cabinet’
Amendments to apply the Access to Information Rules to the Cabinet and individual cabinet members.
Deletion of Paragraph 1.2 - Arrangements for the discharge of Executive functions
Deletion of Sub Paragraph ii, Paragraph 2.5
Consequential amendments to the remaining Constitution to describe ‘Leader/Cabinet’ where relevant.

Overview and Scrutiny Provisions - Changes to the Constitution

Summary and Explanation

Article 6

Amendment to reflect the new Overview and Scrutiny Model

Part 4 Rules of Procedure

Overview and Scrutiny Procedure Rules
New Terms of Reference for Overview Committee
Scrutiny Committee
Overview Project Groups

Insertion of a “Call in” Protocol

2.That any further necessary consequential amendments be delegated to the Director of Legal and Democratic Services, in consultation with the Group Leaders.

C.07 ANNUAL APPOINTMENTS 2010/2011
RESOLVED:

1. That the appointments of the Political Groups’ Leaders and Deputy Leaders as set out in appendix A to this report be received.

2. That the appointment of the Deputy Leader and Cabinet Members for the 2010/2011 Municipal Year, as set out in Appendix B to this report be noted.

3. That the appointment of the Regulatory Committees, Overview and Scrutiny Committees and other bodies covered by the Political Balance Rules, including the appointment of Chairs, where stated, for the 2010/2011 Municipal Year, as set out in Appendix C to this report, be approved.

4.That the appointment of the Standards Committee and other bodies not covered by or exempted from the Political Balance Rules, including the appointment of Chairs, where stated, for the 20010/2011 Municipal Year, as set out in Appendix D to the report, be approved.

5.That the Chair of the Standards Committee be appointed from amongst the Independent Members for 2010/2011 Municipal Year.

6.That the appointments to the Greater Manchester Joint Authorities for the 20010/2011 Municipal Year including the appointment to the Greater Manchester Waste Plan Joint Committee, as set out in Appendix E to the report, be approved.

7.That the appointments to the various other internal bodies, including the appointment of Chairs, where stated, for the 2010/2011 Municipal Year, set out in Appendix F to the report, be approved.

8.That the appointments to outside bodies for the 2010/2011 Municipal Year as set out in Appendix G to the report, be approved.

9.That the list of Outside Organisations to be subject to audit by the Director of Legal and Democratic Services as set out in Appendix H be noted

10.That the Chief Executive, in consultation with the Leaders of the three political groups on the Council, be authorised to determine any appointments to bodies which remain to be filled and any changes in appointments or any new appointments to be made during the 2010/2011 Municipal Year.

C.08 STATE OF THE BOROUGH DEBATE
Councillor Bibby, Leader of the Council made a statement on the State of the Borough describing the main achievements of the Council during 2009/2010.

The Worshipful the Mayor offered members of the public present and Councillors the opportunity to comment on the issues raised in his Statement and these matters were debated:-


Mr G Ramsey - Regeneration of Radcliffe Town Centre
Mr P Bury - Proposals for Future Job Fund

Councillor Connolly - Pay and Grading
Councillor Penketh - Regeneration of Radcliffe


C.09 INDEPENDENT REMUNERATION PANEL
The Leader moved, and the Deputy Leader seconded, that the recommendations contained in the report of the Independent Remuneration Panel be rejected.

The motion on being put, and with no member voting against, was declared, to be carried.
C.10 SCRUTINY REVIEW REPORTS AND SPECIFIC ITEMS “CALLED IN” BY SCRUTINY
RESOLVED:

That this Council notes the outcome of the Resource and Performance Scrutiny Commission of 15 April 2010 and resolves that the appropriate Executive/Cabinet member secure, through the most appropriate means, the increased use and financial viability of the Borough’s four civic suites, including increasing community use of all venues.
Part 1 of the meeting started at 2.00 pm and ended at 3.50 pm.
Part 2 of the meeting started at 4.05 and ended at 5.00 pm.

Preamble

Preamble
ItemPreamble
C.06A report from the Monitoring Officer was submitted which set out recommendations to amend the Council’s Constitution to accommodate the “Strong Leader” model of executive decision making and the changes to Overview and Scrutiny.

The Leader moved adoption of the report.

Councillor Creswell seconded the report.

Councillor Connolly moved an amendment to adopt the report subject to further amendments to remove the requirement to give notice for public questions at Council and to remove restrictions on Members asking questions at Council. The Mayor informed Councillor Connolly that the issues raised would first have to be considered by the Democratic Arrangements Forum.

The substantive motion, on being put, was declared carried and it was:-
C.07The Leader moved, and Councillor Creswell seconded, that the report on the annual appointments for 2010/11 Municipal Year be approved and adopted.

An amendment was moved by Councillor Connolly and seconded by Councillor Isherwood that the report be approved subject to the appointment of Councillor Shori as Chair of the Overview Management Committee in place of Councillor Brown.

The amendment on being put, 20 members voted for, 21 against and with 9 abstaining, was declared lost.

On the substantive motion being put, with 41 members voting for, none against and with 9 abstaining, it was

C.10The Mayor informed members that the Resource and Performance Scrutiny Commission on 15 April 2010 had referred to Council a “Call-In” relating to the Service Improvement Review of Civic Venues.

It was moved by Councillor V D’Albert and seconded by Councillor Bibby that:

“This Council notes the outcome of the Resource and Performance Scrutiny Commission of 15 April 2010 and resolves that the appropriate Cabinet member secure, through the most appropriate means, the increased use and financial viability of the Borough’s four civic suites, including increasing community use of all venues.”

An amendment was moved by Councillor Cummings and seconded by Councillor Parnell that the Call-In of the Civic Suites be referred back by Council to the Executive with the recommendation that Radcliffe Civic Hall should be given the same safeguards and guarantees as the other civic halls.

The amendment on being put, 20 voted for, 29 voted against and with 1 abstention, was declared lost.

The original motion on being put, 29 voted for, 20 against and with one abstention, was declared carried.