Agenda and minutes

Council - Wednesday, 11th September, 2013 7.00 pm

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Venue: Bury Town Hall

Contact: Chris Shillitto  Democratic Services

Items
No. Item

C. 334

DECLARATIONS OF INTEREST

Members of the Council are requested to declare any interests which they have in any items or issues before the Council for determination.

Minutes:

1.     Councillor Connolly declared an interest in any item which          related to staffing as his partner is an employee of Bury   Council.

 

2.       Councillor Connolly declared a personal interest in Minute                            C.342, Notice of Motion–Airport Dividend as he is Deputy                         Director of MAG and a member of the Shareholder                                       Committee for MAG.

 

            3.       Councillor Jones declared an interest in any item which related to      staffing as his wife is an employee of Bury Council.

 

4.      Councillor O’Hanlon declared an interest in property issues as he rents two domestic garages.

 

                   5.       Councillor Fitzwalter declared a personal interest in a question relating to credit unions as she is a member of the recently formed       credit union in Ramsbottom.

 

6.      The following members declared Personal Interests in questions relating to Unite the Union, as members of that Trade Union:-

 

          Councillors A Audin, M Bailey, Bury, Carter, Columbine, Connolly, Fitzwalter, Frith, Isherwood, Lewis, Quinn, Shori and Simpson

 

C. 335

MINUTES OF THE LAST MEETING pdf icon PDF 60 KB

To approve as a correct record the minutes of the meeting of the Council held on 3 July 2013 in Digest 2.

Minutes:

              RESOLVED:

 

              That the minutes of the Meeting of the Council held on 3 July 2013 be signed by the Mayor as a true and correct record. 

              (At this stage in the proceedings Councillor Walker asked that members refrain from tweeting remarks relating to statements made by him at Council. Comments should be made in the Chamber so that he can respond.)

 

C. 336

MAYORAL COMMUNICATIONS AND ANNOUNCEMENTS

To receive communications from the Mayor and any announcements by the Leader of the Council or the Chief Executive on matters of interest to the Council.

 

Minutes:

The Mayor called for a short silence to mark the passing of the fire fighter, Stephen Hunt, whose funeral took place on 3 September 2013.

 

C. 337

PUBLIC QUESTION TIME

To answer questions from members of the public, notice of which has been given, on any matter relevant to the Council or its services to the community.

Upto 30 minutes will be set aside for this purpose.  If time permits, further questions will be invited from members of the public present.

 

 

Minutes:

              The Mayor reported that there were no written questions from members of the public.  Questions were invited from members of the public present and the following issues were raised:-

 

Issue

Questioner

Answered By

1.  United Nations report on the impact of Benefit Changes in the UK

Mr J Mallon

Councillor Connolly

 

C. 338

RECOMMENDATIONS OF CABINET AND COUNCIL COMMITTEES pdf icon PDF 212 KB

Committee/Date

Subject

Recommendation

1. Cabinet – 10 July 2013 – Minute CA.189

2012/2013 Treasury Management Annual Report

Attached

2. Cabinet – 10 July 2013 – Minute CA.190

Risk Management Annual Report 2012/2013

Attached

 

Additional documents:

Minutes:

              1.      Minute CA.189 of the meeting of the Cabinet of 10 July 2013 – Treasury Management Annual Report

 

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

 

                        Resolved:

 

                        That the Treasury Management Annual Report for 2012/2013 be approved.

 

              2.      Minute CA.190 of the meeting of the Cabinet of 10 July 2013 – Risk Management Annual Report 2012/2013

 

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

 

                        Resolved:

 

                         That the Risk Management Annual Report for 2012/2013 be approved.

 

C. 339

LEADER'S STATEMENT AND CABINET QUESTION TIME pdf icon PDF 44 KB

 

          To receive a Statement from the Leader of the Council on the work of the Cabinet and to answer written questions from Members of the Council to the Leader and Cabinet Members on any matter in relation to which the Council has powers or duties which affect the Borough, provided the necessary written notice has been given.

 

          Verbal questions on the work of the Cabinet since the last Council meeting will be allowed subject to a limit of one question per Councillor.

 

 

Additional documents:

Minutes:

(a)         Written questions (Notice given)

 

                        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 Cabinet Members answered questions raised by Councillors on the following issues:

 

 

No.

Issue

Questioner

Answered by
(and action)

1.

Zero Hour Contracts

Councillor Pickstone

Councillor Holt

2.

Use of “Fracking

Councillor Hussain

Councillor Isherwood

 

 

3.

Youth Unemployment and apprenticeships

Councillor Frith

Councillor Connolly

4.

Equal Pay and disclosure of information

Councillor O’Hanlon

Councillor Connolly      

5.

Video promoting democracy produced by UNITE

Councillor Caserta

Councillor Campbell

6.

“Bedroom” Tax

Councillor Simpson

Councillor Shori

7.

Road Surfacing Works

Councillor Pickstone

Councillor Isherwood

8.

Post of Deputy Police Commissioner

Councillor Walker

Councillor Connolly

9.

Working Age People on Out of Work Benefits

Councillor Cassidy

Councillor John Smith

10.

Waste Disposal Charges

Councillor O’Hanlon

Councillor Isherwood

11.

Bury Art Museum

Councillor Gunther

Councillor Lewis

12.

Reduction in Government Grant

Councillor Quinn

Councillor John Smith

13.

Motorists visiting Bury town Centre

Councillor Gartside

Councillor Isherwood

14.

Credit Union in Ramsbottom

Councillor Fitzwalter

Councillor John Smith

15.

Libraries Review

Councillor Daly

Councillor Lewis

16.

Number of Councillors

Councillor Columbine

Councillor Connolly

17.

Trade Waste Recycling

Councillor Jones

Councillor Southworth

18.

Anti social Behaviour Programmes

Councillor S Smith

Councillor Walmsley

 

            Due to the lack of time to answer questions 11 to 18 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 under taking to make these available on the Council Web Site.

 

              (b) Oral questions on the work of the Cabinet since the last Council meeting (without Notice)

 

19.

Youth Unemployment and Government Action

Councillor Gartside

Councillor Connolly

20.

Government Grant and Regional Impact

Councillor Quinn

Councillor Lewis

21.

Diversity and Equality

Councillor James

Councillor Connolly

22.

Public Convenience Closures

Councillor Bevan

Councillor Connolly

23.

Whitefield Town Hall

Councillor Caserta

Councillor Connolly

24.

Libraries Review and current provision and staffing levels

Councillors Daly and Hankey

Councillor Lewis

25.

Services in Prestwich Library

Councillor O’Hanlon

Councillor Lewis

26.

Use of computer facilities in libraries by Benefit Claimants.

Councillor Simpson

Councillor Connolly

 

C. 340

JOINT AUTHORITIES - REPORT BY THE COUNCIL'S REPRESENTATIVE AND QUESTIONS

(A)     A report by the Council’s representative on the work of the Committee for Greater Manchester Transport, Councillor Noel Bayley.

 

         (B)     Questions (if any) on the work of the Joint Authorities to be asked     by Members of the Council for which the necessary notice has been   given in accordance with Council Procedure Rule 11.2.

 

Minutes:

              (a)     Councillor Noel Bayley, the Council’s representative, on the Committee for Greater Manchester Transport, gave a verbal report on the work of the Authority to all Members of the Council.

 

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

 

No.

Issue

Questioner

Answered by

1.

Impact on Prestwich of downgrading Broughton Fire Station

Councillor O’Hanlon

Councillor Matthews (Representative on the Greater Manchester Fire & Rescue Authority)

2.

Bus Services and “running to time.”

Councillor Pickstone

Councillor Noel Bayley (Representative on the Committee for Greater Manchester Transport)

3.

Costs associated with the smart travel card.

Councillor O’Hanlon

Councillor Noel Bayley (Representative on the Committee for Greater Manchester Transport)

4.

Ring and Ride Service operated by GMATL

Councillor Pickstone

Councillor Noel Bayley
(Representative on the Committee for Greater Manchester Transport)

 

              Due to lack of time to answer question 4 it was agreed that this would be circulated following the meeting.

 

C. 341

HEALTH AND WELLBEING BOARD - CONSTITUTION AND TERMS OF REFERENCE pdf icon PDF 56 KB

A report of the Leader is attached.

Additional documents:

Minutes:

              A report of the Leader was submitted which sought approval to an amendment to the Terms of Reference of the constituted Health and Wellbeing Board and a change to the appointment of Chair. 

                                               

              It was moved by Councillor Connolly and seconded by Councillor John Smith that the report be approved.

 

It was moved by Councillor Walker and seconded by Councillor Gartside as an amendment that:-

 

              “As the Health and Wellbeing Board is a Committee of the Local Authority, this Council agrees that elected representatives (in addition to the Cabinet Member for Adult Care, Health and Wellbeing and Housing) should have a decision making role on the Board.”

 

              Proposal:-

 

              Paragraph 2 – Membership

 

              To delete as a core voting member the Deputy Cabinet Member, Adult Care, Health and Wellbeing and Housing and replace with three elected Councillors to be appointed on the basis of the political composition of the Local Authority as a whole.”

 

              The amendment on being put with 13 voting for, 32 against and one abstention was declared lost.

 

The substantive motion on being put with 32 voting for, none against and 14 abstentions was declared carried and it was

 

Resolved:

 

                      1. That the Terms of Reference of the Health and Wellbeing Board be amended by the inclusion of the following paragraph, whereby meetings no longer need to be chaired by a representative from the GP Clinical Commissioning Group:-.

 

                      “The meeting will be chaired by a Member of the Health and Wellbeing Board duly appointed by the Council.  The Vice Chair will be the Executive Director, Adult Care Services.  The Chair and Vice Chair would be appointed annually; the appointments would be ratified by Council.  In the absence of the Chair or Deputy Chair – A replacement Chair will be elected for the duration of the meeting from the Core Membership.”

 

                      2. That following the resignation of the Chair, Dr Audrey Gibson, Councillor Shori be appointed as Chair of the Board for the remainder of the Municipal Year.

 

                      3. That the thanks of the Council be passed on to Dr Gibson for her commitment and support whilst acting as Chair.

 

C. 342

NOTICES OF MOTION

The following Notices of Motion have been received:-

 

1.  Contribution of Large Supermarkets to the Local Community

 

“Council notes the important role large retail outlets, such as supermarkets, play in the local economy. 

Council further notes the importance of vibrant local towns and communities and the importance of local facilities, local shops and community spaces. 

Council therefore resolves to follow the example of the Scottish Parliament, the Northern Ireland Assembly and over 60 English local authorities by submitting the following proposal to the government under the Sustainable Communities Act:

 


‘That the Secretary of State gives Local Authorities the power to introduce a local levy of 8.5% of the rate on large retail outlets in their area with a rateable annual value not less that £500,000 and requires that the revenue from this levy be retained by the Local Authority in order to be used to improve local communities in their areas by promoting local economic activity, local services and facilities, social and community wellbeing and environmental protection.’
The Council notes that if this power was acquired it would present the opportunity to raise further revenue for the benefit of local communities, should the Council wish to use it.”

 

In the names of Councillors D O’Hanlon and T Pickstone.

 

 

2. Airport Dividend

 

“This Council welcomes the increased airport dividend of £400,000 as a result of the revaluation of Stansted airport.   In the latest “Corporate Financial and Performance Monitoring Report April 2013-June 2013” that was approved by Cabinet on the 28th August, this sum of money is being used to reduce the Council’s projected overspend position.

However, assurances were given at the Cabinet meeting on the 28th August  that the current projected overspends can been seen as being “Cautious”  at this early stage in the financial year and that departmental budgets should not overspend by the year end. Therefore, this Council resolves to:-

1) Cease using the increased airport dividend as a way of reducing the Council's projected overspend position

2) Distribute the £400,000 equally between the 6 township forums to allow them to decide how their share can be used to help fulfill local priorities.”

 

In the names of Councillors I Bevan, R Caserta, J Daly, I Gartside, D Gunther,

M Hankey, K Hussain, S Nuttall, B Vincent, R Walker, J Walton, M Wiseman and Y Wright

 

Minutes:

              Two Notices of Motion have been received in accordance with Council Procedure
Rule 12:

 

1. Airport Dividend

 

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

 

                      Councillors I Bevan, R Caserta, J Daly, I Gartside, D Gunther, M Hankey, K Hussain, S Nuttall, B Vincent, R Walker, J Walton, M Wiseman and Y Wright

                            

                      “This Council welcomes the increased airport dividend of £400,000 as a result of the revaluation of Stansted airport.   In the latest “Corporate Financial and Performance Monitoring Report April 2013-June 2013” that was approved by Cabinet on 28 August, this sum of money is being used to reduce the Council’s projected overspend position.

 

However, assurances were given at the Cabinet meeting on 28 August  that the current projected overspends can been seen as being “Cautious”  at this early stage in the financial year and that departmental budgets should not overspend by the year end. Therefore, this Council resolves to:-

 

1)    Cease using the increased airport dividend as a way of reducing the Council's projected overspend position

 

2)    Distribute the £400,000 equally between the 6 township forums to allow them to decide how their share can be used to help fulfill local priorities.”

 

The motion on being put with 11 voting for, 31 against and 3     abstentions was declared lost

 

2. Contribution of Large Supermarkets to the local community

 

                      A Motion had been received and set out in the Summons in the names of Councillors Pickstone and O’Hanlon.

 

“Council notes the important role large retail outlets, such as supermarkets, play in the local economy. 

 

Council further notes the importance of vibrant local towns and communities and the importance of local facilities, local shops and community spaces. 

 

Council therefore resolves to follow the example of the Scottish Parliament, the Northern Ireland Assembly and over 60 English local authorities by submitting the following proposal to the government under the Sustainable Communities Act:

 


‘That the Secretary of State gives Local Authorities the power to introduce a local levy of 8.5% of the rate on large retail outlets in their area with a rateable annual value not less that £500,000 and requires that the revenue from this levy be retained by the Local Authority in order to be used to improve local communities in their areas by promoting local economic activity, local services and facilities, social and community wellbeing and environmental protection.’


The Council notes that if this power was acquired it would present the opportunity to raise further revenue for the benefit of local communities, should the Council wish to use it.”

 

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

 

DELETE:

 

“Council therefore resolves to follow the example of the Scottish Parliament, the Northern Ireland Assembly and over 60 English local authorities by submitting the following proposal to the government under the Sustainable Communities Act:
‘That the Secretary of State gives Local Authorities the power to introduce a local levy of 8.5% of the rate on large retail  ...  view the full minutes text for item C. 342

C. 343

SCRUTINY REVIEW REPORTS AND SPECIFIC ITEMS "CALLED IN" BY SCRUTINY COMMITTEES

Minutes:

There were no Scrutiny Review Reports or specific items “called in” by the Overview and Scrutiny Committee to be considered at this Council meeting.

 

C. 344

QUESTIONS ON THE WORK OF OUTSIDE BODIES OR PARTNERSHIPS

          Questions on the work of outside bodies or partnerships on which the Council is represented to be asked by Members of the Council (if any).

 

 

Minutes:

There were no written questions on the work of the outside bodies or partnerships on which the Council is represented, submitted in accordance with Council Procedure Rule 11.2.

 

C. 345

DELEGATED DECISIONS OF THE COUNCIL COMMITTEES

Questions on the delegated decisions made by the Regulatory Committees and Scrutiny Committees contained in the Digest of Decisions 2 and 3 (2013/14) published since the last ordinary meeting of the Council, providing four clear working days’ notice has been given of the question. 

 

Members are asked to bring to the meeting their copy of Digests 2 and 3    (2013/14)

 

 

Minutes:

There were no written questions asked on the delegated decisions of the Committees or Scrutiny Committee contained in the Digests of Decision No.d 2 and 3 (2013-2014).