Meeting documents

Council
Wednesday, 26th January, 2005 7.00 pm

Date:
Wednesday, 3rd November, 2004
Time:
7.00pm
Place:
Council Chamber Town Hall Bury
 

Attendance Details

Present:
The Worshipful the Mayor (Councillor E B Briggs) in the Chair;
Councillors K Audin, R A Bibby, D B Bigg,
D Boden, K S Briggs, R C A Brown, J Byrne,
G Campbell, L E Campbell, W A Campbell,
D M Cassidy, T P Chamberlain, S Cohen,
M Connolly, J P Costello, S Costello,
Y Creswell, A J Cummings, W J Davison, W Flood, A J Garner, A S Garner, I B Gartside, M A Gibb, E K Grime, J Grimshaw, D L Gunther, D M Higgin, T Holt, K Hussain, A Isherwood, S P Magnall,
A K Matthews, R H J Nuttall, S R Perkins,
T D Pickstone, P H Redstone, K Rothwell,
G Sharkey, J Smith, S J Southworth,
J W H Taylor, B Theckston, S J Treadgold,
B Vincent, R E Walker, J F Walton, M J Wiseman and Y S Wright.
Co-opted:
7 members of the public attended the meeting.
Apologies for absence:
Councillors V D D’Albert
Buttons
Item Description Decision
Open
C.568 MINUTES OF THE COUNCIL
 RESOLVED:

That the Minutes of the meetings of the Council held on 28 July and 13 October 2004 be confirmed as correct records and signed by the Mayor, subject to the Minute reference C.012 in Minute C.184 of the meeting on 28 July 2004 being amended to C.194.
C.569 DECLARATIONS OF INTEREST
Preamble for item C.569
 
C.570 CORPORATE PARENTING
Preamble for item C.570
 
C.571 MAYORAL COMMUNICATIONS
Preamble for item C.571
 
C.572 PUBLIC QUESTION TIME
Preamble for item C.572
 
C.573 RECOMMENDATIONS OF THE EXECUTIVE AND COUNCIL COMMITTEES
 (a) Minute EX.365 of the Executive on 22 September 2004 - Appointment of an Independent Member of Standards Committee.

It was moved by Councillor Byrne, seconded by Councillor W A Campbell
and -

RESOLVED:

That the recommendations contained in Minute EX.365 of the meeting of the Executive held on 22 September 2004 concerning the appointment of an Independent Member of Standards Committee be approved and adopted.

(b) Minute EX.375 of the Executive on 22 September 2004 - Revised List of Institutions for Investment Purposes and Quarterly Monitoring Report on Prudential Indicators.

It was moved by Councillor Byrne, seconded by Councillor W A Campbell and -

RESOLVED:

That the recommendations contained in Minute EX.375 of the meeting of the Executive held on 22 September 2004 concerning the Revised List of Institutions for Investment Purposes and the Quarterly Report on Prudential Indicators be approved and adopted.

(c) Minute EX.380(5) of the Executive on 22 September 2004 - Scheme of Delegations for Accounts to be Written-Off.

(i) It was moved by Councillor Byrne and seconded by Councillor W A Campbell that the recommendations contained in Minute EX.380(5) of the meeting of the Executive held on 22 September 2004 concerning the scheme of delegations for accounts to be written-off be approved and adopted.

(ii) An amendment was moved by Councillor Higgin and seconded by Councillor Bigg by way of the addition of the following paragraph:-

“That all Members of the Council be advised of all amounts that the Head of Revenues and Benefits, the Director of Finance and E-
Government and the Executive have written-off under the scheme of delegations for information purposes only.”

On being put, 19 voted for, 30 against and with 1 abstention, the amendment was declared lost.

(iii) The substantive motion on being put, with none dissenting, was declared carried and it was then -

RESOLVED:

That the recommendations contained in Minute EX.380(5) of the meeting of the Executive held on 22 September 2004 concerning the scheme of delegations for accounts to be written-off, be approved and adopted.

(d) Minute EX.443 of the Executive on 13 October 2004 - Licensing Policy under the Licensing Act 2003

It was moved by Councillor Byrne, seconded by Councillor W A Campbell and -

RESOLVED:

That the recommendations contained in Minute EX.443 of the Executive at a meeting held on 13 October 2004 concerning the Licensing Policy under the Licensing Act 2003 be approved and adopted.
C.574 LEADER'S STATEMENT AND EXECUTIVE QUESTION TIME
Preamble for item C.574
 
C.575 SCRUTINY REVIEW REPORTS AND SPECIFIC ITEMS "CALLED IN" BY SCRUTINY PANELS/COMMISSIONS
Preamble for item C.575
 
C.576 NOTICES OF MOTION
 (a) Editorial Board - Civic Newspaper

(i) It was moved by Councillor Walker and seconded by Councillor Cohen that the following Notice of Motion submitted under Council Procedure Rule 12.1 be approved:-

“This Council recognises that, according to Government guidelines contained in Circulars and the ODPM Code of Practice, free civic newspapers should be “fair” and “even-handed” and avoid “personal image making”. Given the clear bias shown to the Labour leadership in past editions of Bury Metro News, it is proposed that consideration be given to a more balanced publication with Opposition Councillors being added to the Editorial Board responsible for overseeing its future production.”

In the names of Councillors Walker, Cohen, Wright, Walton, Theckston, Bigg, Creswell, Vincent, Hussain, Redstone, Nuttall and Wiseman.

(ii) An amendment was moved by Councillor Davison and seconded by Councillor Pickstone by way of the deletion of all the words after ‘personal image making’ and their replacement with:-

“This Council reaffirms its commitment to a Civic Newspaper as part of a broader corporate communications strategy and sees this as a key tool for informing the public about the services and as a means of encouraging dialogue and involvement with the public.

This Council resolves that the Executive Committee should receive a report at a future meeting setting out the Editorial Policy of the Civic Newspaper, within guidelines set by the ODPM, and that such a policy should be considered by the appropriate Scrutiny Commission and reviewed by the Executive Committee periodically.”

Prior to the counting of votes on the amendment, Members requested that the voting be recorded so as to show how each Member cast their vote. The result of the voting on the amendment was as follows:-

For the amendment:

Councillors Audin, Boden, K S Briggs, Byrne, G Campbell, L E Campbell, W A Campbell, Cassidy, Chamberlain, Connolly, J P Costello, S Costello, Cummings, Davison, Flood, A J Garner, A S Garner, Gibb, Grime, Grimshaw, Holt, Isherwood, Matthews, Perkins, Pickstone, Rothwell, Sharkey, Smith, Southworth and Treadgold (30).

Against the amendment:

Councillors Bibby, Bigg, Brown, Cohen, Creswell, Gartside, Gunther, Higgin, Hussain, Magnall, Nuttall, Redstone, Taylor, Theckston, Vincent, Walker, Walton, Wiseman and Wright (19).

Abstained from voting:

The Worshipful the Mayor (1).

The amendment was declared carried.

(iii) The substantive motion on being put, 30 voted for, 18 against and with 1 abstention, was declared carried and it was:-

RESOLVED:

That the Notice of Motion, as amended at (ii) above, be approved and adopted.

(b) Planning Delegations

(i) It was moved by Councillor Walker and seconded by Councillor Bibby that the following Notice of Motion submitted under Council Procedure Rule 12.1 be approved:-

“This Council invites the Planning Committee to reconsider its recent decision to delegate more powers over planning applications to Officers and suggests that where controversial applications attract objections from local residents and Councillors they should be considered by Committee before approval is granted.”

In the names of Councillors Walker, Creswell, Hussain, Brown, Cohen, Walton and Gunther.

(ii) After a debate and in accordance with Council Procedure Rule 14.11, it was moved by Councillor J Costello, seconded by Councillor G Campbell and agreed ‘that the question be now put’.

(iii) Following the right of reply by the mover of the Motion, on being put with 19 voting for, 26 against and with 5 abstentions, the Motion was declared lost.

(c) Children’s Services - Fairfield Hospital

(i) It was moved by Councillor Bigg and seconded by Councillor Walker that the following Notice of Motion submitted under Council Procedure Rule 12.1 be approved:-

“This Council supports the retention of the Special Care Baby Unit and other children’s services at Fairfield Hospital and invites the local MPs to submit a written report to the Executive Committee and the Healthier and Safer Communities Scrutiny Commission on the representations they have made at Ministerial level and the responses received to date.”

In the names of Councillors Walker, Walton, Bigg and Creswell.

(ii) An amendment was moved by Councillor Chamberlain and seconded by Councillor Smith by way of the addition of the words ‘maternity services’ after ‘the Special Care Baby Unit’ and the deletion of the words ‘at Ministerial level.’

On being put and with none dissenting, the amendment was declared carried.

(iii) The substantive motion on being put and with none dissenting, was declared carried and it was:-

RESOLVED:

That the Notice of Motion, as amended at (ii) above, be approved and adopted.
C.577 QUESTIONS ON THE FUNCTIONS OF JOINT AUTHORITIES
Preamble for item C.577
 
C.578 QUESTIONS ON THE WORK OF OUTSIDE BODIES OR PARTNERSHIPS
Preamble for item C.578
 
C.579 DELEGATIONS OF THE EXECUTIVE AND COUNCIL COMMITTEES
Preamble for item C.579
 
The meeting started at 7.00 pm and ended at 10.07 pm

Preamble

Preamble
ItemPreamble
C.569(a) Following questions by Councillors Walker and Bigg and at the request of the Mayor, the Director of Legal and Democratic Services advised Members on the guidance rules for the declaration of interests.

(b) Councillors Pickstone, Byrne and Treadgold declared personal and prejudicial interests in the Notice of Motion relating to Children’s Services at Fairfield Hospital and any other references to this matter in the Minutes before this Council meeting and left the meeting during the discussion on this item referred to in Minute C.576(c) below.

(c) Councillors Gunther, S Costello, A J Garner, A S Garner and Nuttall declared personal interests in the Notice of Motion relating to Children’s Services at Fairfield Hospital referred to in Minute C.576(c) below.
C.570Councillor K S Briggs, Children’s Champion Lead Member, introduced a short presentation given by Elizabeth Shingler, Service Manager (Looked After Children) on a guide to corporate parenting.

A Corporate Parenting Pack of information was distributed to all Members at the meeting.
C.571(a) Death of Mr W Daynes.

The Worshipful the Mayor regretfully informed the Council of the death of Mr William Daynes.

Mr Daynes had been the Chairman of the former Tottington Urban District Council during the Municipal Year 1969 - 1970 and had made an important contribution to the community of Tottington and was held in high regard and great esteem.

The sympathy and condolences of the Council and the Metropolitan Borough had been conveyed to Mrs Daynes and members of her family.

All present stood in silence in memory of Mr Daynes as a mark of respect.

(b) Members’ Hospital Treatment

On behalf of all Members and Officers of the Council, The Worshipful the Mayor extended sincere good wishes to Councillors Sharkey and Grimshaw who will be undergoing hospital treatment and operations in the near future.

Councillor Grimshaw will be admitted to the Bolton Royal Hospital on Wednesday, 24 November 2004, whilst Councillor Sharkey is awaiting a date for admission to the North Manchester General Hospital, but it is anticipated that it will be within the next few weeks.

The Mayor offered good wishes to both Councillors for comfortable stays in hospital and full and speedy recoveries.

(c) Seasonal Greetings

As this was the final meeting of the Council for the current year, The Worshipful the Mayor extended the compliments of the forthcoming Season and Good Wishes for the New Year to all present and had pleasure in inviting all present to join him for Seasonal Refreshments in the Elizabethan Suite Balcony Bar following the Council Meeting.
C.572Questions were asked on the following issues during public question time:-

(a) Mr A Withington concerning the replacement of a pinnacle at the Whitehead Gardens Clock Tower. The Leader of the Council indicated that he would find out if there were any plans for its replacement and respond to Mr Withington.

(b) Mrs Bowring concerning the non attendance of her son at school and the responsibilities of the school and the Council in this matter.

Councillor Gibb, Executive Member for Lifelong Learning, responded and the Director of Education and Culture met with Mrs Bowring to discuss the case outside the meeting.

(c) Mr L Phillips congratulating the Council on the refurbishment of the Council Chamber and enquiring about the possibility of him taking home a copy of the Council Summons and Agenda. The Leader of the Council responded in the affirmative.
C.574The Leader of the Council made a Statement on the work of the Executive.

The Leader and Executive Members answered questions asked by Members of the Council on the following issues:-

(a) Written Questions (Notice Given)

1. The use of monies awarded to promote community harmony
Questioner: Councillor Cohen
Answered by: Leader of the Council

(b) Oral Questions

2. Reply not received on spending on job adverts, publicity and other advertising
Questioner: Councillor Wright
Answered by: Leader of the Council apologised and agreed to supply information requested.

3. Cost of non-attendance at Warwick Forward Planning Event
Questioner: Councillor Walker
Answered by: Leader of the Council agreed to let Councillor Walker have a written reply.

4. Diving Pool at Castle Leisure Centre - timescale for restoration
Questioner: Councillor Davison
Answered by: Councillor S Costello, Executive Member for Community Services, agreed to let Councillor Davison have a written reply.

5. Breakdown of income from car parking and use of any surplus monies
Questioner: Councillor Davison
Answered by: Councillor Connolly, Executive Member for Environment and Transport, agreed to let Councillor Davison have a written reply.

6. Revenue Budget and Council Tax projections 2005/2006
Questioner: Councillor Redstone
Answered by: Councillor W A Campbell

7. Progress on re-opening Children’s Home on Peel Brow estate.
Questioner: Councillor Nuttall
Answered by: Councillor Chamberlain offered a briefing for Councillor Nuttall

8. Statement at Bury East Area Board made by Councillor Holt about Amir Khan’s Olympic achievement and the Authority’s ban on professional boxing in its premises.
Questioner: Councillor Gunther
Ansered by: Councillor Holt

9. Property developers - alleged donations to Labour Party in Manchester
Questioner: Councillor Walker
Answered by: Leader of the Council who responded by stating that the Labour Party in the Borough had not received any donations from property developers in Bury.

10. Funding for the ‘Tilted Vase’ public art in Ramsbottom to allow water to flow again
Questioner: Councillor Theckston
Answered by: Leader of the Council agreed to investigate and reply in writing

11. In year savings in Social Services Budget in respect of reduction in grants to care leavers and the review of income.
Questioner: Councillor Pickstone
Answered by: Leader of the Council agreed to a report to the Executive.

12. Disruption by gangs of youths in Tottington area and the use of Anti-Social Behaviour Orders
Questioner: Councillor Gartside
Answered by: Leader of the Council indicated that Community Safety Partnership was investigating at the moment.

13. Proposal for Christmas Park and Ride provision at Sheepfoot Lane Car Park (owned by Manchester City Council) and disruption to residents
Questioner: Councillor A S Garner
Answered by: Councillor Connolly

14. Safety of other water features in the Borough.
Questioner: Councillor Magnall
Ansered by: Leader of the Council

15. Congratulations to Steve Parry, Olympic Medal winner
Questioner: Councillor Bigg
Answered by: Leader of the Council who agreed to send letter of congratulation if not already sent.

16. Alcohol Free Zone in Brandlesholme - consequences for other areas such as Tottington
Questioners: Councillors Brown/Cohen
Answered by: Leader of the Council who referred to GMP assurances of higher number of Police in Bury.
C.575There were no scrutiny review reports or specific items ‘called-in’ by Scrutiny Panels/Commissions to be considered at this Council meeting.
C.577Greater Manchester Passenger Transport Authority

Councillor Connolly, the Council’s nominated spokesperson on the above Joint Authority, answered a question submitted by Councillor Pickstone concerning the implementation of Phase III of Manchester Metrolink.
C.578There were no written questions on the work of outside bodies or partnerships submitted in accordance with Council Procedure Rule 11.2.
C.579There were no questions asked on the delegated decisions of the Executive and Council Committees contained in the Digests of Decisions 3 to 5 (2004/2005) published since the last ordinary meeting of the Council.