Agenda and minutes

Council
Wednesday, 2nd April, 2014 7.00 pm

Venue: Bury Town Hall

Contact: Chris Shillitto  Democratic Services

Items
No. Item

C. 931

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:

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

 

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

 

3.       The following members declared Personal Interests in Minute C.941(1), “Notice of Motion – Trade Union Blacklisting” as they are members of Unite the Union:-

 

          Councillors Bury, Carter, Connolly, FitzGerald, Frith, Isherwood, Lewis, Quinn, Shori and Simpson.

 

4.       The following members declared Personal Interests in Minute C.941(1), “Notice of Motion – Trade Union Blacklisting,” as members/retired members of Trade Unions as follows:-

 

              Councillor Black               -   Unison

              Councillor Matthews          Unison

              Councillor Holt                  Communication Workers Union

              Councillor Walton               Nalgo, Unison and FUMPO

              Councillor Bayley               Unison

         Councillor Jones                 National Association of Retire Police Officers

              Councillor Campbell            Unison

              Councillor Walmsley           Communication Workers Union

              Councillor K Audin              Unison

              Councillor Heneghan          NUT

              Councillor John Smith     -    NASUWT

              Councillor Cassidy           -     GMB

              Councillor James             -     Unison

              Councillor Gartside          -     Former Member of Unite the Union

 

5.      Councillor Wiseman declared a Personal Interest in Minute C.941(2), “Notice of Motion – Council Tax Discount Schemes,” as she is the Chief Executive Officer of a charity which relies heavily on volunteering.

 

6.      Councillors D and M Bailey declared personal interests in Minute C937, “Leader’s Statement and Cabinet Question Time,” in so far as it relates to Public Health issues, as they work for BARDOC which provides services commissioned by NHS Bury CCG.

 

7.      Councillor Walton declared a Personal Interest arising from Minutes CA.763 of the meeting the Cabinet on 5 February 2014, “Elms Bank Special High School – Provision of Additional Teaching Accommodation – Capital Project Stage Two,” as his wife is Vice-Chairman of Governors at that School.

 

8.      Councillor Parnell declared a Personal Interest arising from Minute CA.763 of the meeting of the Cabinet on 5 February 2014, “Elms Bank Special High School – Provision of Additional Teaching Accommodation – Capital Project Stage Two, as he is a Governor of that School.

 

C. 932

MINUTES OF THE COUNCIL pdf icon PDF 58 KB

          To approve as a correct record the Minutes of the Budget Meeting of the Council held on 19 February in Digest 8 (2013/2014)

 

Minutes:

RESOLVED:

 

That the minutes of the Budget Meeting of the Council held on 19 February 2014 be signed by the Mayor as a true and correct record. 

 

C. 933

RAMSBOTTOM BY-ELECTION 2014

          To note that following the Election of Councillors held on 6 March 2014 as a result of a by-election in the Ramsbottom Ward of the Metropolitan Borough, Robert Lee Hodkinson was duly elected.

 

Minutes:

It was reported that following the election of Councillors held on 6 March 2014 as a result of a by-election in the Ramsbottom Ward of the Metropolitan Borough, Robert Lee Hodkinson had been duly elected.

 

The Mayor congratulated Councillor Hodkinson and welcomed him to the meeting.

 

C. 934

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:

1.     The Mayor referred to the recent passing of former Councillor Peter Timperley and Members observed a brief silence by way of tribute.

 

2.     The Mayor paid tribute to Councillors Ann and Ken Audin who were not seeking re-election to the Council in May 2014.

 

3.     The Mayor referred to a recent visit to Bury’s twin town in Germany, Schorndorff, and informed Members that Oberburgemeister Matthias Hopfer had passed on his best wishes. 

 

C. 935

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.  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:

Issue

Questioner

Answered By

1.   Bury Library – Loss of Floor Space – Consultation on Library Provision 

Mr R Abrahamsen

Councillor Connolly

2.   Bury Library – Loss of Floor Space - Membership

Mr J Connolly

Councillor Connolly

 

The Mayor invited questions from members of the public present and the following issues were raised:-

 

3.   On line-information regarding road repairs 

Mr J Mallon

Councillor Connolly

4.   Planning application – refusal – Anaerobic Digestion Plant 

Ms S Southworth

Councillor Connolly

5.   Play Equipment – Openshaw Park

Mr H Reed

Councillor Connolly

 

 

C. 936

RECOMMENDATIONS OF CABINET AND COUNCIL COMMITTEES

Committee/Date

Subject

Recommendation

1. Cabinet – 5 February 2014

Mayoralty 2014/2015

To To  To propose Councillor Michelle Wiseman as Mayor of Bury for 2014/2015

2. Standards Committee – 4 February 2014

Revisions to the Code of Conduct

Under Section 3 of the Code of Conduct (General Obligations), the following provision be included:-

 

“3.1   You  must not:……….

           (e)     Behave in a way that a reasonable person would regard as disrespectful.” 

 

3. Standards Committee – 4 February 2014

Guide for Councillors on use of Council Premises

That the draft guidance be approved for issue to councillors and inclusion in  the Constitution.

4. Human Resources and Appeals Panel – 26 March 2014

 

Pay Policy Statement

To approve the Pay Policy Statement.

 

Minutes:

(1)     Minutes CA.758 of the meeting of the Cabinet on 5 February 2014 – Mayoralty 2014/2015. It was moved by Councillor Connolly and seconded by Councillor John Smith that Councillor Wiseman be appointed Mayor of Bury for 2014/2015.

 

        With 40 voting for, none against and 8 abstentions it was:-

 

        Resolved:

 

        That Councillor Wiseman be appointed Mayor of Bury for the Municipal Year 2014/2015.

 

(2)   Minute S.742 of the meeting of the Standard Committee on 4 February 2014 – Revisions to the Code of Conduct.

 

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

 

        Resolved:

 

        That Section 3 of the Code of Conduct for Members (General Obligations) be amended by the inclusion of the following provision:-

 

       3.1  You must not……… 

        Behave in a way that a reasonable person would regard as disrespectful.”

 

(3)   Minutes S.743 of the meeting of the Standards Committee on 4 February 2014 – Guide for Councillors on the use of Council Resources 

 

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

 

        Resolved:-

 

           That the draft guidance for Councillors on the use of Council resources be approved for issue to Councillors and inclusion in the Council Constitution.

 

(4)   Minute 4 of Human Resources and Appeals Panel of 26 March 2014 – Pay Policy Statement.

 

        It was moved by Councillor Connolly and seconded by Councillor John Smith that the Pay Policy Statement for 2014/2015 be approved.

        With 47 voting for, none against and 2 abstaining it was:-

 

        Resolved: 

 

         That the Pay Policy Statement for 2014/2015 be approved.

 

C. 937

LEADER'S STATEMENT AND CABINET QUESTION TIME pdf icon PDF 55 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 Contract Hours

Councillor Caserta

Councillor Holt

2.

Condition of Roads

Councillor Southworth

Councillor Isherwood

3.

Ethical Care Charter

Councillor Pickstone

Councillor Shori

4.

Government Support for Road Repairs

Councillor Gunther

Councillor Isherwood

5.

Fair Deal for Bury

Councillor Frith

Councillor Connolly

6.

Parking in Prestwich

Councillor O’Hanlon

Councillor Isherwood

7.

High Speed Broadband

Councillor Gartside

Councillor Connolly

8.

Radcliffe Riverside School

Councillor Parnell

Councillor Campbell

9.

Air Pollution

Councillor Pickstone

Councillor Isherwood

10.

Procedures for Planning Applications

Councillor Bevan

Councillor Connolly

11.

Dog Fouling

Councillor Haroon

Councillor Isherwood

12.

Parking Charges in Heaton Park

Councillor O’Hanlon

Councillor Isherwood

13.

Membership of the Standards Committee

Councillor Gunther

Councillor Connolly

14.

A56 Bury New Road - Improvements

Councillor Black

Councillor Isherwood

15.

Blocked Gullies

Councillor Tariq

Councillor Isherwood

16.

Radcliffe Pool

Councillor Cummings

Councillor Lewis

17.

Street Sweeping

Councillor Simpson

Councillor Isherwood

18.

Recycling

Councillor James

Councillor Isherwood

19.

Local Government Pension  Scheme

Councillor Parnell

Councillor John Smith

20.

Traffic Calming

Councillor Tariq

Councillor Isherwood

21.

Community Cohesion

Councillor Haroon

Councillor Walmsley

22.

Anti-social Behaviour

Councillor Jones

Councillor Walmsley

23.

Healthier Radcliffe

Councillor Southworth

Councillor Shori

 

Due to the lack of time to answer questions 10 to 23 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)

24.

Corporate Financial Monitoring – Bury Core Strategy

Councillor Daly

Councillor Isherwood

25.

Success of Bury companies

Councillor Quinn

Councillor Connolly

26.

Sports Hall – Derby High School

Councillor Tariq

Councillor Connolly

27.

Localism Act and implications for development

Councillor Fitzwalter

Councillor Isherwood

28.

Wind Farm Developments

Councillor Bevan

Councillor Connolly

29.

Rejected Planning Application – Anaerobic Digestion Plant

Councillor Walker

Councillor Connolly

30.

Statements by Chairman of Conservative Party on local visit

Councillor Jones

Councillor Connolly

 

C. 938

JOINT AUTHORITIES - REPORT BY THE COUNCIL'S REPRESENTATIVE AND QUESTIONS pdf icon PDF 53 KB

          (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.

 

 

Additional documents:

Minutes:

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

 

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

             

No.

Issue

Questioner

Answered by

1.

Bus services between Manchester and Simister Village

Councillor Pickstone

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

2.

Heywood Link Bus Service

Councillor Pickstone

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

 

C. 939

INDIVIDUAL ELECTORAL REGISTRATION pdf icon PDF 68 KB

Additional documents:

Minutes:

A report of the Chief Executive as Returning Officer was submitted which presented for information a review as to how Individual Electoral Registration will be implemented in Bury.

 

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

 

Resolved:

 

That the review of Individual Electoral Registration as set out in the report be noted.

 

C. 940

REVISIONS TO TIMETABLE OF MEETINGS FOR 2013/2014 AND TIMETABLE OF MEETINGS 2014/2015 pdf icon PDF 59 KB

Additional documents:

Minutes:

A report of the Chief Executive was submitted which sought approval to the revised Timetable of Meetings for Cycle 6 of the 2013/2014 Municipal Year and the Timetable of Meetings for the 2014/2015 Municipal Year.

 

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

 

Resolved:

 

That the revised Timetable of Meetings for Cycle 6 of the 2013/2014 Municipal Year and the Timetable of Meetings for the 2014/2015 Municipal Year, as set out, be approved, subject to the dates of Budget Cabinet and Budget Council, and any further minor changes, being determined by the Chief Executive in consultation with the Group Leaders.

 

C. 941

NOTICES OF MOTION

1. Trade Union Blacklisting

 

“For well over three decades blacklisting of workers because of their trade union activities and barring them from employment, mostly in the construction industry, has been covertly taking place. More recently, companies who are known to have blacklisted trade unionists are now tendering for and procuring public contracts throughout councils in England.

The practice of blacklisting is illegal, immoral and reprehensible. In some cases this practice has led to long term unemployment for those who have been “blacklisted” for nothing more than representing their fellow workers.  We ask this Council to publicly condemn this practice and affirm its own commitment to its recognised trades unions.

The Office of the Information Commissioner has exposed these companies and a list is available upon request.  We call upon this Council to exclude such companies from undertaking work on its behalf, and where possible to award contracts to companies who give a commitment to working positively with trade unions within their organisation, whilst recognising the values of a unionised workplace and the benefits and savings it can bring.”

 

 In the names of Councillors A Audin, K Audin, M Bailey, D Bailey, N Bayley, J Black, 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, J S Lewis, A K Matthews, N A Parnell, A Quinn, K Rothwell, R Shori, A Simpson, S Smith, J Smith, S Southworth, T Tariq and S Walmsley.

 

2. Council Tax Discount Schemes

 

“This Council recognises the tremendous amount of hard work carried out by thousands of dedicated volunteers in our Borough.  This Council also notes the increasing importance and role of the voluntary sector and the need to continue to recruit more volunteers.

Over the last few years, councils of all political persuasions, in all parts of the country, have been introducing various Council Tax discount schemes as a way of thanking existing volunteers and to incentivise more people to become volunteers.

Therefore, this Council resolves to set up a cross party “Task and Finish” group with immediate effect with the goal of producing a financially affordable package of Council Tax discounts for the people who live and undertake voluntary work in the Metropolitan Borough of Bury.”

 

 

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

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

 

 

 

 

 

Minutes:

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

 

1.        Trade Union Blacklisting 

 

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

 

Councillors A Audin, K Audin, M Bailey, D Bailey, N Bayley, J Black, 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, J S Lewis, A K Matthews, N A Parnell, A Quinn, K Rothwell, R Shori, A Simpson, S Smith, J Smith, S Southworth, T Tariq and S Walmsley

 

It was moved by Councillor Parnell and seconded by Councillor Holt:

 

“For well over three decades blacklisting of workers because of their trade union activities and barring them from employment, mostly in the construction industry, has been covertly taking place. More recently, companies who are known to have blacklisted trade unionists are now tendering for and procuring public contracts throughout councils in England.

 

The practice of blacklisting is illegal, immoral and reprehensible. In some cases this practice has led to long term unemployment for those who have been “blacklisted” for nothing more than representing their fellow workers.  We ask this Council to publicly condemn this practice and affirm its own commitment to its recognised trades unions.  The Office of the Information Commissioner has exposed these companies and a list is available upon request.   

 

We call upon this Council to take such steps as are lawful recognising the values of a unionised workplace and the benefits and savings it can bring; and to refer this matter to the Leader and Director of Resources and Regulation to consider how best the objectives of the motion can be taken forward.”

 

(Note: In accordance with Council Procedure Rule 14.7(a), Council had agreed to the Motion set out in the Council Summons being altered by the deletion of the final paragraph and the substitution of that set out above).

 

The Motion was put and with 32 voting for, none against and 17 abstentions was declared carried.

 

2.        Council Tax Discount Scheme

 

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, R Hodkinson, K Hussain, S Nuttall, B Vincent, R Walker, J Walton and Y Wright

 

It was moved by Councillor Gartside and seconded by Councillor Gunther:-

 

“This Council recognises the tremendous amount of hard work carried out by thousands of dedicated volunteers in our Borough.  This Council also notes the increasing importance and role of the voluntary sector and the need to continue to recruit more volunteers.

 

Over the last few years, councils of all political persuasions, in all parts of the country, have been introducing various Council Tax discount schemes as a way of thanking existing volunteers and to incentivise more people to become volunteers.

 

Therefore, this Council resolves to set up  ...  view the full minutes text for item C. 941

C. 942

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. 943

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. 944

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 8 (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 Digest 8 (2013/14)

 

Minutes:

There were no written questions asked on the delegated decisions of the Committees or Scrutiny Committee contained in the Digest of Decisions 8
(2013-2014).