Agenda and minutes

Council
Wednesday, 10th September, 2014 7.00 pm

Venue: Bury Town Hall

Contact: Chris Shillitto  Democratic Services

Items
No. Item

C. 233

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 a personal interest in any item which related to staffing as his partner is an employee of Bury Council.

 

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

 

3.     Councillor Bevan declared a personal interest in any item which related to staffing as his wife is an employee within a Bury School.

 

4.     Councillor Mallon declared a personal interest in any item relation to staffing as his partner is an employee within a Bury High School.

 

5.     Councillors D Bailey and M Bailey declared personal interests in Minute No. C.241(1), Notice of Motion NHS and Social Care as they are employees of an NHS contracted organisation.

 

6.     Councillor Pickstone declared a personal interest in Minute No. C.241(1), Notice of Motion – NHS and Social Care, as his partner is an employee of the NHS.

 

7.     Councillor Bury declared a personal interest in Minute No. C.241(1), Notice of Motion – NHS and Social Care, as his wife is an employee of the NHS.

 

8.     Councillor Simpson declared a personal interest in Minute No. C.241(1), Notice of Motion – NHS and Social Care, as she is an employee of a general practice from which the NHS contracts services.

 

9.     Councillor FitzGerald declared a personal interest in Minute No. C.241(1), Notice of Motion – NHS and Social Care, as she is an employee for an organisation which is part owned by the NHS.

C. 234

MINUTES OF THE COUNCIL pdf icon PDF 54 KB

To approve as a correct record the Minutes of the meeting of the Council held on 9 July 2014.

 

Minutes:

RESOLVED:

 

That the minutes of the Meeting of the Council held on 9 July 2014 be signed by the Mayor as a true and correct record. 

C. 235

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 informed Members that:

 

(1)    She and the Mayoress had attended  World War 1 Commemoration Services at Bury Parish Church and Manchester Cathedral, as well as a vigil at Bury Parish Church.

 

(2)    A reception was taking place for the successful recipients of the Queen’s Award for Voluntary Services, BIG and Bury Blind Society. 

C. 236

PUBLIC QUESTION TIME pdf icon PDF 34 KB

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.  Up to 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 no written questions had been submitted.  On inviting questions from members of the public present, the following issues were raised:-

 

Issue

Questioner

Answered By

Waste Management and the collection of grey waste

Mr B Bamford

Councillor Connolly

Provision of Adult Care-Service Options

Ms L Moncur

Councillor Connolly

 

C. 237

PETITION

A petition has been received which was started on line using the change.org         website on 10 July 2014.  The following wording appeared on the petition:

 

“Say no to 3 weekly bin emptying. To have our grey bins emptied every 3 weeks is a disgrace.  It will lead to an increase in vermin and consequently disease.  The good people of Bury Borough should have their bins emptied as usual, as many residents already struggle with the way it is.  To change it to 3 weeks is a      selfish decision as there are surely other ways to make cutbacks. 

         

Along with the obvious hygiene and sanitation issues, we feel the decision has not recognised those who struggle to move their bins when full.  This is only going to get harder on the lesser able people as the bins get heavier.  The mess on the streets will increase; the number of rats and other vermin on the streets will          increase; and fly and fly lava will become inevitable.”

 

 

As the petition contains in excess of 2,500 signatures from people who live, work or study in Bury, the petition organisers are entitled to have the petition debated at Council.          

Under the petitions procedure, the petition organiser will be given 5 minutes to present the petition and then discussion amongst members takes place for a maximum of 15 minutes

 

Minutes:

It was reported that the petition organiser was not present to present his petition to the meeting.

C. 238

RECOMMENDATIONS OF CABINET AND COUNCIL COMMITTEES pdf icon PDF 251 KB

Committee/Date

Subject

Recommendation

1. Cabinet – 16 July 2014

Risk Management Annual Report 2013/14

1.           That the progress made throughout 2013/2014 and actions taken during

the current financial year be noted.

2.           That support for the Council’s approach to Risk Management be re-affirmed.

 

2. Democratic Arrangements Forum – 26 August 2014

Notices of Motion – Consideration prior to inclusion on Council Summons

1.  That Council Procedure Rule 12.4, headed “Scope”, be amended by          the addition of:

 

  “(2)   The Mayor, or in his/her absence the Deputy Mayor, on the advice of the Council Solicitor, may exclude from the agenda any notice of motion which may be out of order, illegal, irregular or improper.  In the event of non-acceptance, the Council Solicitor shall so inform the Member giving notice and the Member shall be entitled to submit a further Notice of Motion prior to the issuing of the Council Summons.”

 

2. That in order to provide sufficient time for Notices of Motion to be properly      assessed,  Council Procedure Rule 12.1, “Notice,” be amended by the deletion of “at least eight clear working days” and the substitution of “at least ten clear working days”

 

3. Democratic Arrangements Forum – 26 August 2014

Questions to the Leader

   

  1. That questions continue to be asked through political group rotation but the sequence be dictated by political proportionality (resulting currently in  3 Labour questions to one Conservative question);

         

   2. That Council Procedure Rule 11.1 (b) be amended by the deletion of “There will be a 30 minute time limit on this part of the Council proceedings,” and the substitution of  “There will be a 40 minute time limit on this part of the Council    proceedings;”

 

3. That these arrangements  be reviewed after a couple of Council meetings to assess the impact on the efficient management of Council business;

 

4. That further discussion take place regarding written questions submitted by independent members or single members.

 

 

 

Additional documents:

Minutes:

(1)       Minute CA.139 of the meeting of the Cabinet on 16 July 2014 – Risk Management Annual Report 2013/14.

 

It was moved by Councillor Connolly and seconded by Councillor Shori and it was:-

 

RESOLVED:

 

1.     That the progress made throughout 2013/2014 and actions taken during the current financial year be noted;

 

2.     That support for the Council’s approach to Risk management be re-affirmed.

 

(2)    Minute 1 of the meeting of the Democratic Arrangements Forum on
26 August 2014 – Notices of Motion – Consideration prior to inclusion on Council Summons.

 

It was moved by Councillor Connolly and seconded by Councillor Shori that the recommendations be approved.

 

With 38 voting for, 9 against and one abstention it was:

 

Resolved:

               

1.     That Council Procedure Rule 12.4, headed “Scope”, be amended by the addition of:

 

“(2)   The Mayor, or in his/her absence the Deputy Mayor, on the advice of the Council Solicitor, may exclude from the agenda any notice of motion which may be out of order, illegal, irregular or improper.  In the event of non-acceptance, the Council Solicitor shall so inform the Member giving notice and the Member shall be entitled to submit a further Notice of Motion prior to the issuing of the Council Summons.

 

2.     That in order to provide sufficient time for Notice of Motion to be properly assessed, Council Procedure Rule 12.1, “Notice,” be amended by the deletion of “at least eight clear working days” and the substitution of “at least ten clear working days”.

 

(3)    Minute 2 of the meeting of the Democratic Arrangements Forum on
26 August 2014 – Questions to the Leader.

 

It was moved by Councillor Connolly and seconded by Councillor Shori that the recommendations be approved:-

 

With 35 voting for, 10 against and 3 abstentions it was:

 

RESOLVED:

 

1.     That questions continue to be asked through political group rotation but the sequence be dictated by political proportionality (resulting currently in 3 Labour questions to one Conservative question);

 

2.     That Council Procedure Rule 11.1(b) be amended by the deletion of “There will be a 30 minute time limit on this part of the Council proceedings,” and the substitution of “There will be a 40 minute time limit on this part of the Council proceedings;”

 

3.     That these arrangements be reviewed after a couple of Council meetings to assess the impact on the efficient management of Council business;

 

4.     That further discussion take place regarding written questions submitted by independent members or single members.

C. 239

LEADER'S STATEMENT AND CABINET QUESTION TIME pdf icon PDF 51 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

1.

Art Gallery Café

Councillor Walker

Councillor Lewis

2.

Policy on Shared Spaces and Access for Blind People

Councillor Rothwell

Councillor Isherwood

3.

Child Protection and events in Rotherham

Councillor Wright

Councillor Campbell

4.

Recycling and the use of brown bins

Councillor Adams

Councillor Southworth

5.

Appeal against refusal of Planning Permission for an Anaerobic Digestion Plant in Ramsbottom

Councillor Bevan

Councillor Walmsley

6.

Appeal against refusal of Planning Permission for an Anaerobic Digestion Plant in Ramsbottom

Councillor Fitzwalter

Councillor Walmsley

7.

Computer system in libraries

Councillor Gunther

Councillor Campbell

8.

The Autumn Statement

Councillor Tariq

Councillor Connolly

9.

Financial position of Resources and Regulation Department

Councillor Gartside

Councillor Connolly

10.

Fostering Services

Councillor Southworth

Councillor  Campbell

11.

Sculpture Centre

Councillor Walker

Councillor Lewis

12.

Recycling and Fly Tipping

Councillor Stella Smith

Councillor Isherwood

13.

Park Rangers

Councillor Daly

Councillor Isherwood

14.

Council Website

Councillor O’Brien

Councillor Black

15.

Advertising on street furniture/railings

Councillor Gunther

Councillor Isherwood

16.

Electoral Registration

Councillor Tariq

Councillor Walmsley

17.

Residual Waste

Councillor Bayley

Councillor Isherwood

18.

School Meals Provision

Councillor Simpson

Councillor Campbell

19.

Weed Spraying

Councillor Kerrison

Councillor Isherwood

20.

Car Parking in Bury Town Centre

Councillor James

Councillor Isherwood

21.

Radcliffe Riverside

Councillor Cummings

Councillor Campbell

22.

Car Parking – Nuttall Avenue, Whitefield

Councillor Mallon

Councillor Isherwood

23.

Benefits Sanctions

Councillor Simpson

Councillor Walmsley

24.

Uptake on smaller grey bins

Councillor Pickstone

Councillor Isherwood

25.

Children’s Centres and support for voluntary sector

Councillor Pickstone

Councillor Campbell

 

 

Due to the lack of time to answer questions 12 to 25 inclusive, the Leader gave an undertaking that copies of those questions will be circulated to all Councillors.  The Leader also gave an undertaking 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)

 

26.

Female Genital Mutilation

Councillor Gunther

Councillor Connolly

27.

Consultation on strategic issues

Councillor Caserta

Councillor Connolly

28.

Alternative service provision for the under 5’s – Consultations.

Councillor Pickstone

Councillor Campbell

29.

Recycling Strategy – Comments by Secretary of State 

Councillor Gartside

Councillor Isherwood

30.

Empty Property Initiative

Councillor James

Councillor Walmsley

31.

Appeal against permission – Anaerobic Digestion Plant – Costs

Councillor Quinn

Councillor Shori

32.

Recycling Strategy – Trafford and Stockport models

Councillor Daly

Councillor Isherwood

 

C. 240

JOINT AUTHORITIES - REPORT BY THE COUNCIL'S REPRESENTATIVE AND QUESTIONS pdf icon PDF 27 KB

          (A)     A report by the Council’s Representative on the work of the Greater Manchester Waste Disposal Authority, Councillor Cummings.

 

          (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.

 

Additional documents:

Minutes:

(a)    Councillor Cummings, the Council’s representative on the Greater Manchester Waste Disposal Authority, 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.

Metrolink services between Bury and Manchester Piccadilly Station

Councillor Walker

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

 

C. 241

NOTICES OF MOTION

The following Notice of Motions have been received:-    

 

1. NHS and Social Care Funding

         

"Given recent instances where Bury CCG has confirmed that it is underfunded by approximately £20m per annum and the recent front page article in the Bury Times (21 August 2014) that Adult Care in Bury is in crisis due to chronic underfunding from central Government, this Council calls on the Tory-led Government to:-

 

1. Immediately review and increase funding streams to the NHS and Social Care in Bury to meet demand pressures due to an ageing society.

 

2. Increase funding available for Public Health in a bid to focus on early intervention & prevention strategies that will prevent people needing help in the    first instance and save money in the long term, which is both ethically and economically sound. 

 

This Council also acknowledges that attempts by the Government to plug funding gaps in social and primary care via mechanisms such as the Better Care Fund are wholly inadequate and are akin to replacing a bucket full of resource with a thimble full."

 

 

          In the names of Councillors  P Adams,  D Bailey, M Bailey, N Bayley, J Black, S Briggs, P Bury, G Campbell, S Carter, D M Cassidy, M Connolly, A J Cummings, E FitzGerald L Fitzwalter, J Frith, J Grimshaw, S Haroon, P Heneghan, T Holt, A Isherwood, M A James, D Jones, S Kerrison, J S Lewis, A K Matthews, J Mallon, E O’Brien, N A Parnell, A Quinn, K Rothwell, R Shori, A Simpson, S Smith, J Smith, S Southworth, T Tariq,  S Walmsley and M Whitby.

 

2. Service Delivery Options

 

“This Council recognises that in order to put our nation’s finances back on a stable footing, all Councils are looking at alternative service delivery options in order to          make savings.

In relation to outsourcing or privatising services, this Council notes the recent documents in which this Labour Council is considering privatising Adult and Children’s care services.

Now that this Labour Council is looking at privatisation, this Council requests that Labour cabinet members and senior officers look at other opportunities to make savings and report back to the next Council meeting.

These opportunities (in or out of partnership) may include outsourcing and reviewing existing contracts in areas such as back office, legal, and security services.

This Council also resolves to continue to sell services such as payroll, that we can offer at the lowest cost base, in order to generate addition income to the revenue budget.”

 

In the names of Councillors I Bevan, R Caserta, J Daly, I Gartside, D Gunther, R Hodkinson, K Hussain, S Nuttall, R Walker, J Walton and Y Wright

 

 

Minutes:

Two Notices of Motion have been received and set out in the Summons.

 

1.      NHS and Social Care Funding

 

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

 

Councillors P Adams, D Bailey, M Bailey, N Bayley, J Black, S Briggs, P Bury, G Campbell, S Carter, D M Cassidy, M Connolly, A J Cummings, E FitzGerald, L Fitzwalter, J Frith, J Grimshaw, S Haroon, P Heneghan, T Holt, A Isherwood, M A James, D Jones, S Kerrison, J S Lewis, A K Matthews,
J Mallon, E O’Brien, N A Parnell, A Quinn, K Rothwell, R Shori, A Simpson, S Smith, J Smith, S Southworth, T Tariq, S Walmsley and M Whitby

       

It was moved by Councillor Shori and seconded by Councillor Simpson:

 

"Given recent instances where Bury CCG has confirmed that it is underfunded by approximately £20m per annum and the recent front page article in the Bury Times (21 August 2014) that Adult Care in Bury is in crisis due to chronic underfunding from central Government, this Council calls on the Tory-led Government to:-

 

1. Immediately review and increase funding streams to the NHS and Social Care in Bury to meet demand pressures due to an ageing society.

 

2. Increase funding available for Public Health in a bid to focus on early intervention & prevention strategies that will prevent people needing help in the first instance and save money in the long term, which is both ethically and economically sound. 

 

This Council also acknowledges that attempts by the Government to plug funding gaps in social and primary care via mechanisms such as the Better Care Fund are wholly inadequate and are akin to replacing a bucket full of resource with a thimble full."

 

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

 

That the Motion be amended by the deletion of the final paragraph and the substitution of:

 

“This Council also acknowledges attempts by the Government to plug funding gaps in social and primary care via mechanisms such as the Better Care Fund and seeks to appoint a delegation of members and relevant officers (from the Council and CCG) to meet with the Rt Hon Norman Lamb MP, the appropriate Minister of Health, to discuss Bury’s present health and social care finances and the possibility of a speedier improvement to our present position which NHS England acknowledge is currently funded”. 

 

The amendment was put to the vote and with 10 voting for, 37 against and one abstention was declared lost.

 

The substantive motion was put to the vote and with 37 voting for, non against and 11 abstentions was declared carried. 

            

2.      Service Delivery Options

 

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

 

Councillors I Bevan, R Casterta, J Daly, I Gartside, D Gunther, R Hodkinson, K Hussain, S Nuttall, R Walker, J Walton and Y Wright

       

It was moved by Councillor Gartside and seconded by Councillor Walker:  ...  view the full minutes text for item C. 241

C. 242

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. 243

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. 244

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 1 (2014/15) 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 Digest 1 (2014/15).

 

Minutes:

There were no written questions asked on the delegated decisions of the Committees or Scrutiny Committee contained in the Digest of Decisions 1 (2014-2015).