Meeting documents

Council
Wednesday, 26th October, 2011 7.00 pm

Date:
Wednesday, 26th October, 2011
Time:
7.00 pm
Place:
Council Chamber, Town Hall, Bury
 

Attendance Details

Present:
The Worshipful the Mayor (Councillor Y Creswell, in the Chair;
Councillors I Ahmed, A Audin, K Audin, M Bailey, N Bayley, I Bevan, R A Bibby, D Boden, R C A Brown, P Bury, J Byrne, G Campbell, R Caserta, D M Cassidy, S Cohen, J Columbine, M Connolly, A J Cummings, M D’Albert, V D D’Albert, J Frith, I Gartside, J Grimshaw, D L Gunther, M Hankey, J Harris, T Holt, K Hussain, A Isherwood, M James, J Lewis, A K Matthews, D O’Hanlon, N Parnell, T D Pickstone, K Rothwell, R Shori, J Smith, T Tariq, J W H Taylor, B Theckston, B Vincent, R E Walker, S Walmsley, J F Walton, M J Wiseman and Y S Wright

10 members of the public attended the meeting.
Apologies for absence:
Councillors Garner, Hurst and Quinn
Buttons
Item Description Decision
Open
C.324 DECLARATIONS OF INTEREST
 1.Councillor Connolly declared an interest in any item which related to staffing as his partner is an employee of Bury Council.

2.Councillor Brown declared a personal interest in Minute C.328, Notice of Motion A, Legacy of Mr William Openshaw Street, as he had given legal advice to a person on this issue.

3.Councillor Cassidy declared a personal interest in Minute C.329, 2011/12 Treasury Management Strategy, in so far as it relates to Six Town Housing, where her son is an employee.
C.325 MINUTES OF THE COUNCIL
 RESOLVED:

That the Minutes of the meeting of the Council held on 14 September 2011 be approved as a correct record and signed by the Mayor
C.326 MAYORAL COMMUNICATIONS AND ANNOUNCEMENTS
 The Mayor offered congratulations to those involved in Bury Light which had taken place on 14 October 2011 and had proved a huge success. The Mayor also congratulated all concerned in the outstanding success enjoyed by Bury at both the Britain in Bloom and North West Bloom finals.
C.327 PUBLIC QUESTION TIME
 1.Restoration of post box on Pimhole Road close to Holly Court Sheltered Accommodation
Mr H Reid
Councillor Connolly:
Enter into correspondence with Royal Mail

At this stage of the Proceedings, it was moved and seconded and

RESOLVED:

That the Order of Business be changed in accordance with Council Procedure rule 13(c) to enable consideration of the Notices of Motion as the next item of business.
C.328 NOTICES OF MOTION
 Three Notices of Motion had been received in accordance with Council Procedure Rule 12:-

(A) LEGACY OF MR WILLIAM OPENSHAW STREET

A motion had been received and set out in the Summons in the names of:

Councillors A Audin, K Audin, M Bailey, N Bayley, D Boden, P Bury, J Byrne, G Campbell, D Cassidy, J Columbine, M Connolly, A Cummings, J Frith, J Grimshaw, T Holt, A Isherwood, M James, J Lewis, A Matthews,
N Parnell, A Quinn, K Rothwell, R Shori, J Smith, T Tariq and
S Walmsley.

It was moved by Councillor Connolly and seconded by Councillor Walmsley as an amendment that:-

“The Council notes:

Mr William Openshaw Street was a well known and respected local Bury businessman and philanthropist who started up and ran the Bury Felt Company for many years. When Mr Street died he left in trust millions of pounds to support defined charitable activities in the United Kingdom and the Channel Island of Jersey. Mr Street’s wishes also included a stated preference be given to persons resident in or otherwise connected with the County of Lancaster (as at the 1973 definition) which included Bury.

A public campaign has now been launched with the aim of securing support to ensure that Mr Street’s intent that preference be given, insofar as is practicable to persons connected with the County of Lancaster (as at the 1973 definition that includes Bury) be successfully achieved.

This Council resolves to:

1.Support the public campaign with the objective that preference is given to persons resident in or otherwise connected with the County of Lancaster (as at the 1973), and in particular Bury;

2.To actively promote how Bury residents can make applications to the William Openshaw Street Trust to maximise opportunities for this Borough; and

3.To communicate this resolution to all Lancashire and Greater Manchester Councils and MPs to seek their support for this public campaign.”

The amendment on being put, was unanimously accepted and was declared carried.

(B)SMOKING BANS IN OUTDOOR PLAY AREAS

A motion had been received and set out in the Summons in the names of:

Councillors Mary D’Albert, Vic D’Albert, Garner, O’Hanlon and Pickstone

In accordance with Council Procedure Rule 147(a), an alteration to the motion was accepted and it was moved by Councillor Vic D’Albert and seconded by Councillor Pickstone that:-

“This Council:

1.Notes that other Local Authority within the UK, such as Inverclyde and Pendle, have or are in the process of implementing smoking bans in children’s play areas and that many other areas are considering it.

2.Notes campaigns by Smoke Free North West for a voluntary ban in smoking in children’s play areas across the North West.

3.Notes that research suggests public support for smoke-free play areas is high: A YouGov survey undertaken by ASH in March 2010 found that 73% of the general population backed a smoking ban in children’s areas.

4.Believes that, in the long term, smoke-free play areas will assist in decreasing the number of young people who start smoking and will also help to reduce levels of unsightly cigarette litter such as cigarette butts, matches, empty packets and wrappers in children’s play areas.

Therefore, Council:

1.States support for the principle of a voluntary smoking ban in children’s play areas within Bury.

2.Welcomes preparatory work undertaken to date to gauge local support for smoking bans in play areas and urges consultation with playground users to assess support for this initiative.

3.Requests that the Leader brings forward plans for a voluntary smoke-free code for play areas in Bury, with a view to introduction from early 2012 (subject to the outcome of consultations). Plans to include a smoke-free policy statement, public awareness raising and a timetable for evaluation of the effectiveness of the smoke-free code.

4.Requests that the Leader brings a report to a future meeting of the Executive as to how powers contained in the Localism Bill may facilitate the introduction of legally enforceable bans.”

The Motion on being put, 45 members voted for, none against and with three abstentions, was declared carried.

(C)COUNCIL TAX

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

It was moved by Councillor Brown and seconded by Councillor Gartside that:-

“This Council notes:

The continuing tough economic climate that was created by the previous Labour Government’s irresponsible borrowing has caused the debt crisis that the Coalition Government is now having to deal with.

This Council therefore, welcomes the recent announcement by George Osborne that the Government will give this Council the option to freeze Council Tax for the people of Bury for the second year running, without hampering the planned clearance of Labour’s structural deficit by 2014/15.

At a time when the cost of living is rising and wages remain flat, throughout both the private and public sector, not increasing the level of Council Tax will put more money in people’s pockets and help with the recovery from the current debt crisis.

However, this Council resolves to lobby Government in regards to the scheme being funded on an on-going basis.”

Prior to the vote on the motion, in excess of the required eight Councillors requested that voting be recorded to show how each Member cast their vote.

The result of the vote was as follows:-

Councillors I Ahmed, I Bevan, R Bibby, R Brown, R Caserta, S Cohen,
M D’Albert, V D’Albert, I Gartside, D Gunther, M Hankey, J Harris,
K Hussain, D O’Hanlon, T Pickstone, J Taylor, B Theckston, B Vincent,
R Walker, J Walton, M Wiseman and Y Wright (22)

Against the Motion:

Councillors A Audin, K Audin, M Bailey, N Bayley, D Boden, P Bury,
J Byrne, G Campbell, D Cassidy, J Columbine, M Connolly, A Cummings,
J Frith, J Grimshaw, T Holt, A Isherwood, M James, J Lewis, A Matthews,
N Parnell, K Rothwell, R Shori, J Smith, T Tariq and
S Walmsley (25)

Abstaining from the Vote:

The Worshipful the Mayor

The Mayor declared the Motion lost.

C.329 RECOMMENDATIONS OF EXECUTIVE AND COUNCIL COMMITTEES

Executive of 12 October 2011.
2011/12 Treasury Management Strategy Mid Year Review

 Minute EX.303 of the meeting of the Executive held on 12 October 2011 - 2011/2012 Treasury Management Strategy - Mid year Review.

It was moved by Councillor Connolly and seconded by Councillor Smith and it was

RESOLVED:

That the 2011/12 Treasury Management Annual Strategy - Mid Year Review be approved.
C.330 LEADER STATEMENT AND EXECUTIVE QUESTION TIME
 The Leader of the Council, Councillor Connolly, made a statement on the work undertaken by him since the date of the last Council meeting. The Leader and the relevant Executive Members answered questions raised by Councillors on the following issues:

1.Government Funding for School Buildings
Councillor Caserta
Councillor Parnell

2.Impact and application of the Equalities Act 2010 Councillor Rothwell
Councillor Holt

3.Government Grants for recycling
Councillor Pickstone
Councillor Isherwood

4.Members Allowances and Charitable Donations
Councillor Harris
Councillor Connolly

5.Income Regeneration through recycling.
Councillor Boden
Councillor Isherwood

6.Plans in place for dealing with adverse winter conditions
Councillor Vic D’Albert
Councillor Isherwood

7.Consultation on the future of the Civic Halls
Councillor Hankey
Councillor Lewis

8.Job Creation through recycling
Councillor Boden
Councillor Isherwood

9.Backlog in Tree Surgery work
Councillor O’Hanlon
Councillor Lewis

10.Health and Well-Being Boards
Councillor Walker
Councillor Shori

11.Flower beds in Council Parks and Gardens
Councillor Mary D’Albert
Councillor Lewis

12.Flexibility of Refuse Collection Services
Councillor Vic D’Albert
Councillor Isherwood

13.Arrangements for the Queen’s Diamond Jubilee
Councillor Pickstone
Councillor Walmsley

14.Road repairs and potholes
Councillor O’Hanlon
Councillor Isherwood

15.Availability of Section 106 Monies
Councillor Mary D’Albert Councillor Isherwood


Due to the lack of time to answer questions 10 to 15 inclusive, the Leader gave an undertaking that copies of the answers to those questions will be circulated to all Councillors. The Leader also gave an undertaking to make these available on the Council Web Site.

The Mayor called upon the Leader to move The Closure Motion in accordance with Council Procedure Rule 9.

The Leader moved and it was:

RESOLVED:

That the whole of the remaining business before the Council be approved.
C.331 SCRUTINY REVIEW REPORTS AND SPECIFIC ITEMS CALLED IN BY SCRUTINY COMMITTEES
 Not Considered/Approved
C.332 9.JOINT AUTHORITIES REPORT BY THE COUNCIL REPRESENTATIVE AND QUESTIONS
 Not Considered/Approved
C.333 QUESTIONS ON THE WORK OF OUTSIDE BODIES OR PARTNERSHIPS
 Not Considered/Approved
C.334 DELEGATED DECISIONS OF THE COUNCIL COMMITTEES
 Not Considered/Approved
C.335 POLLING DISTRICTS AND POLLING PLACES REVIEW 2011
 Not Considered/Approved
C.336 PARLIAMENTARY BOUNDARY REVIEW
 Not Considered/Approved
C.337 SPECIAL URGENCY DECISIONS
 Not Considered/Approved
The meeting started at 7.00 pm and ended at 10.05 pm