Council - Wednesday 4 March 2009

A meeting of the Council of the Metropolitan Borough of Wigan to be held in the Council Chamber at the Town Hall, Library Street, Wigan on Wednesday, 4 March 2009 at 7.00 p.m.

1 Apologies for absence.

2 To approve as a correct record the minutes of the proceedings of the two meetings of the Council held on 7 January 2009 (pages 385 and 387).

3 Exclusion of the public (.pdf, 19kb): The Council is asked to consider whether by resolution to exclude the public from the meeting during consideration of the item of business marked with an 'E' reference because of the possibility of the disclosure of exempt information. A draft resolution is attached for use by the Council if it so wishes.

4 To receive any announcements from the Mayor, Executive Leader, Members of the Executive or the Head of Paid Service that they may desire to lay before the Council. In particular:-

(a) Alison Green - Freedom of the City of London.

(b) Mayor’s charity update: The total raised to date during 2008/09 is £27,000 with some money outstanding.

Open items:

5 To receive declarations of interest in any item for discussion at the meeting (.pdf, 23kb): see attached advice from the Service Director, Borough Solicitor.

6 To deal with any business from previous Council meetings:

Response to motions referred to Cabinet from previous Council meetings (.pdf, 141kb): report enclosed.

7 To consider the incorporation of the following issues into the Policy Framework or the Budget Framework as appropriate:-

(a) Further issues (if any).

8 To consider the following constitutional issues:-

(a) Changes in membership/appointment of Members to Committees/Panels (.pdf, 56kb): report enclosed.

Nominations have been received from the Independent Councillor Group for the following:

Children Service's Panel: Councillor J D Hodgkinson to replace Councillor B Merry;
Planning Committee: Councillor J Ellis to replace Councillor J D Hodgkinson.
Overview and Scrutiny Committee: Councillor N A Bradbury to replace Councillor J Ellis.

Nominations have been received from the Conservative Group for the following:

Overview and Scrutiny Committee: Councillor J N Grundy.
Audit Governance and Improvement Revuiew Committee: Councillor E N Houlton.
AGMA Scrutiny Pool: Councillor P Thompson
Greater Manchester Passenger Transport Authority: Councillor M W Winstanley
Greater Manchester Fire and Rescue Authority: Councillor S F Ell.
Community Protection Panel: Councillor Mrs J M Peet to replace Councillor J N Grundy.

Nominations have been received from the Democratic Alliance Group for the following:-

Councillor R J Derricutt to be removed from the Membership of the Overview and Scrutiny Committee.
Councillor R M Bleakley to be removed from the Membership of the Audit and Governance and Improvement Review Committee.
Councillor R J Derricutt to become a Member of the Audit and Governance and Improvement Review Committee.
Councillor R M Bleakley to become a Member of the Environment Panel.
Councillor B J Fagan to become a Member of the Regeneration Panel.

(b) Changes in membership/appointment of Members to Outside Bodies (.pdf, 60kb): report enclosed. (This report is to be considered in conjunction with the above report.)

(c) Appointment of Co-opted Member: To report that Chief Superintendent Shaun Donnellan will be replacing Chief Superintendent Lee Bruckshaw as the Greater Manchester Police representative on the Council’s Community Protection Panel for the remainder of the Municipal Year.

(d) Appointment of LEA Representative Governors (.pdf, 49kb): report enclosed.

(e) Failure of a Local Authority Governor to complete a Criminal Records Bureau Check (.pdf, 54kb): report enclosed.

(f) Quarterly monitoring of urgent items: To report that there were no urgent items taken to meetings under rule 16 of the access to information rules of the constitution during the period 30 September to 31 December 2008.

(g) Establishment of an Overview and Scrutiny Co-ordinating Committee and four Scrutiny Committees (.pdf, 324kb): report enclosed.

(h) Draft dates and times of meetings 2009/2010 (.pdf, 151kb): report enclosed.

The meeting of the Single Commissioning Agency scheduled to have been held on 9 November 2009 will now be held on Thursday, 19 November 2009.

(i) Change of style for Mayor Making and Annual Council meeting on 20 May 2009 (.pdf, 42kb): report enclosed.

(j) Review of appointment of Honorary Aldermen criteria and update on outstanding: nominations (.pdf, 65kb): report enclosed.

(k) Further issues (if any).

9 Questions and comments (if any) under rule 8(1)(b) in relation to the deliberations of the Cabinet, Committees and Panels and Joint Authorities set out in the separate minute book and circulated for information only.

10 Questions (if any) under Rule 8(1)(a): Councillor J Haley has asked the following question of the Executive Leader:-

I wish to ask the Leader of this Council, Councillor Peter Smith why has Tesco put in plans at the Leigh Sport Village for Retail space? I am not against development in Leigh but many residents of Leigh are surprised that a big retailer like Tesco or any retailer in general is planning to develop a site at Leigh Sport Village. When this development was planned the people of Leigh were expecting leisure, sports and a cinema not a supermarket. Can Councillor Peter Smith, in his role as Leader of this Council, explain to this Council why this development is needed at the sport village when the town centre of Leigh has just lost Woolworths and many other retailers are closing up shop?

Is it the case that Leigh Sports Village is not getting enough people to the site and it needs a big player like Tesco to bring in the people and maybe a big sponsorship deal for Leigh rugby or for the stadium.

11 Notice of Motions (a) Motions must be about matters for which the Council has a responsibility or which affect the area, Rule of Procedure 9.3

(b) Request for permission to alter a motion under Rule of Procedure 11.7(a).

(d) Previous decisions and motions, Rule of Procedure 13.

(e) Requests for the suspension of Rules of Procedure under Rule 20.1 (if any).

(f) Copy of the report of the Chief Executive and Service Director - Borough Solicitor on the competence and lawfulness of the motions is also enclosed (.pdf, 41Kb).

(1) To consider the following motion of which notice has been given by Councillor R M Bleakley:-

This Council notes that 2009 is the 30th anniversary of the Woolworths Store (Manchester) fire where 10 people were tragically killed overcome by smoke and heat.

Council also notes the introduction of the Furniture and Furnishings Regulations (Fire) (Safety) 1988 and its impact on reducing fire fatalities, fire injuries and the economic costs of these fires throughout Wigan Borough and the UK.

Council also notes that the remainder of Europe does not enjoy the same level of fire safety protection in respect of furniture and furnishings on the UK.

Council therefore welcomes the Greater Manchester Fire and Rescue Authority’s campaign to ensure that there is no reduction in standards of furniture safety throughout Greater Manchester and the UK - in particular as a result of any proposals which may arise from within the European Community

(2) To consider the following motion of which notice has been given by Councillor R M Bleakley:-

This Council notes the current economic difficulties faced by small businesses and wants to build and strengthen current links with the local business community to develop a clear strategy to assist them through these difficult times.

This Council calls on the Cabinet to urgently consult with local businesses and deliver a plan to aid small businesses in the borough.

We urge the Cabinet to consider, amongst others, the following measures:

encourage small businesses that are eligible for Small Business Rates Relief to apply for it.
encourage larger organisations within Wigan Borough to pay small firms promptly, ideally within 20 days.
use of Local Authority Business Growth Incentive money to help small firms.
use the Hardship Rate Relief scheme to protect vital small businesses, promote sustainable communities and keep small firms in town centres.
work with our partners on the Association of Greater Manchester Authorities to ensure that local businesses have access to the appropriate information and to consider strategies for encouraging and sustaining local businesses.

(3) To consider the following motion of which notice has been given by Councillor R M Bleakley:-

That this Council expresses concern at the decision by United Utilities to introduce a new method of calculating surface water charges and highways drainage services, known as site area charging; recognises the negative impact this will have on churches and other community organisation throughout Wigan Borough which, in some cases, will now face increases in their charges in excess of £1,000 per year as they are being treated in the same way as all other non-household customers.

This Council therefore calls on United Utilities to review the decision to impose site area charging on churches and community organisations throughout Wigan Borough which cannot afford such huge increases in their water bills.

(4) To consider the following motion of which notice has been given by Councillor N A Bradbury:-

This Council withdraws its support for the proposed Guided Busway from Leigh to Manchester following overwhelming disapproval of the scheme by the general public, and the use of what is a failed technology. What is needed for Leigh is a heavy rail link to Manchester joining the Atherton Line at Walkden, with stations at Tyldesley, and Mosley Common; this stop in particular would make an ideal Park and Ride facility.

In order to accommodate the additional traffic through the bottle neck at Salford Crescent another platform would be required; this I understand is already being considered. Once a Heavy Rail link is established in Leigh it would be possible to further develop this scheme to link into Manchester Liverpool line at Kenyon giving Leigh a direct link with Merseyside and the West Coast Main Line.

This Council through our representatives on AGMA and the GMPTA will asks the GMPTE and Network Rail to conduct a feasibility study on this proposal together with detailed costs. I would urge the Leaders of all political groups on this Council to allow their members a free vote on this motion so that they can represent the views of their constituents and not the views of their political parties. Let’s prove that there is still democracy in Wigan.

(5) To consider the following motion of which notice has been given by Councillor J D Hodgkinson:-

That this Council adopts a policy of 'salting or gritting' pavements during the winter months when bad conditions are forecasted. This policy should include local routes to schools, shopping and medical centres. This Council also wishes to express it's appreciation to the Highways DLO for their efforts this winter in keeping our road networks operational at all times.

(6) To consider the following motion of which notice has been given by Councillor G Wilkes:-

This Council views the Greater Manchester Police Authority precept rise of 7.5% as unwarranted and distasteful towards the Council Tax payers of Wigan and Leigh.

This Council will request the Chief Executive and Leader of the Council to write to the Secretary of State for Communities and Local Government to insist the Government cap Greater Manchester Police to a level that is more appropriate to the current finical climate.

(7) To consider the following motion of which notice has been given by Councillor G Wilkes:-

This Council congratulates The National Trust in their decision to make available land for a thousand new allotments on or near stately homes, which they manage.

With the high number of people waiting for an allotment in Wigan and Leigh this Council through the Wigan Leisure Culture Trust will make land available at the Haigh Hall estate for a similar scheme so people, Schools and the Community from the Borough can benefit from growing their own fruit and vegetables.

(8) To consider the following motion of which notice has been given by Councillor N D Ash:-

This Council deplores all forms of racism and in particular the recent attack on a family in Ashton which forced them to leave their home. This Council is committed to policies that promote racial harmony within the Borough and will work with all agencies including the police to prevent such mindless acts of violence happening again.

(9) To consider the following motion of which notice has been given by Councillor P R C Smith:-

This Council recognises the difficulties for many people of affordability in housing and, working with the new government policy, commits to building new council houses

(10) To consider the following motion of which notice has been given by Councillor P R C Smith:-

This Council supports a strategy of encouraging more people and businesses to “buy local” as a way of minimising the impact of the recession.

(11) To consider the following motion of which notice has been given by Councillor P R C Smith:-

This Council endorses the view of Cabinet that we should not invest any Council money in banks that pay excessive bonuses to their staff.

(12) To consider the following motion of which notice has been given by Councillor C Ready:-

This Council places on record our thanks to the police ,council officers and the churches for the hard work and dedication in making sure that walks and parades will go ahead this year and many more years to come proving that partnership working in this borough is key to everything we do.