Present at the meeting:
- The Mayor (CouncillorJ D O’Brien)
- The Deputy Mayor (Councillor R Winkworth)
- Councillor K Aldred
- Councillor M Aldred
- Councillor K Anderson
- Councillor N D Ash
- Councillor J B Baldwin
- Councillor S C Barnes
- Councillor Mrs A Bennett
- Councillor Mrs J Beswick
- Councillor Mrs J S Birch
- Councillor A M L Bland
- Councillor R M Bleakley
- Councillor Mrs B Bourne
- Councillor B Bowen
- Councillor N A Bradbury
- Councillor G M Bretherton
- Councillor H L Cadman
- Councillor W Carney
- Councillor R Clayton
- Councillor C M Cottam
- Councillor K Cunliffe
- Councillor G Davies
- Councillor J F Davies
- Councillor R J Derricutt
- Councillor M A Dewhurst
- Councillor Mrs S Dewhurst
- Councillor J Eccles-Churton
- Councillor B J Fagan
- Councillor L E Fagan
- Councillor G A Fairhurst
- Councillor G W Fairhurst
- Councillor Mrs D Fairhurst
- Councillor I A Franzen
- Councillor P R Franzen
- Councillor J Haley
- Councillor T W Halliwell
- Councillor J Hilton
- Councillor J D Hodgkinson
- Councillor P L Holland
- Councillor Mrs J Hurst
- Councillor Mrs B Jarvis
- Councillor M Klieve
- Councillor Mrs S Loudon
- Councillor K W McManus
- Councillor B Merry
- Councillor J Miller
- Councillor J Moodie
- Councillor J A O’Neill
- Councillor Mrs J Prescott
- Councillor P Prescott
- Councillor C Ready
- Councillor C Rigby
- Councillor A Robinson
- Councillor W Rotherham
- Councillor J Shaw
- Councillor Mrs E Smethurst
- Councillor P R C Smith
- Councillor R T Splaine
- Councillor C Sweeney
- Councillor J Talbot
- Councillor P Thompson
- Councillor Mrs A Turnock
- Councillor P A Tushingham
- Councillor F B Walker
- Councillor Mrs M J Whiteside
- Councillor N R Whittingham
- Councillor G Wilkes
- Councillor W J Wilkes
- Councillor B M Wilson
- Councillor M W Winstanley
23 Apologies for Absence : Councillors M Baines, E N Houlton, D T Molyneux and W S Simmons.
24 Minutes : The minutes of the meetings of the Council held on 25 April and 16 May 2007 were approved as correct records and signed by the Mayor.
25 Exclusion of the public - section 100a Local Government Act 1972: Resolved: The public is excluded from the meeting when the Council discusses the following items for the reasons set out below:-
|
Agenda Item No. |
Title of report |
Minute No. |
Description of exempt information by reference to the paragraph number in schedule 12A of the Local Government Act 1972 |
|
E1 |
Remediation of Ince Central estate |
36 |
3 ( Information about the financial or business affairs of any person or organisation, including the council ) |
|
|
|
|
|
E2 |
Westewood Link contract – final account |
37 |
3 ( Information about the financial or business affairs of any person or organisation, including the council ) |
(Because the guillotine was reached before the above items were considered, these items were considered in open session).
26 Mayor’s Communications : (a) Death of Mayoress Mrs Hazel O’Brien JP: The Chief Executive referred to death of the the Mayoress, Mrs Hazel O’Brien JP, on 7 July 2007.
The Mayoress had sadly lost her long and brave battle against breast cancer two months after taking office.
Hazel was born in Preston in 1952 and attended Tulketh High School. She was a pharmacy technician in industry and the NHS. Hazel was well known and highly respected in the field of medicine and pharmacology.
The Mayor wished to thank the staff of Wigan and Leigh Hospice, who he described as absolutely marvellous. He would like to thank all the well-wishers from across the council, local community and Christie’s Hospital for their kind messages of support at this difficult time.
The Chief Executive stated that she had written to the family expressing the Council’s sadness at the news of their loss and a donation would be forwarded to the Mayors Charity at the request of the family.
(b) Death of former Councillor George Edward Robert Seaward: The Chief Executive referred to the death of former Councillor George Edward Robert Seaward on 24 June 2007.
George Seaward was first elected to the Wigan Metropolitan Borough Council on 17 October 1985, representing the Orrell Ward until May 2002. During that time he served on the Education (later Lifelong Learning Panel), Highways and Works, Finance and Planning and Development (later Development Control) Committees. He was also a Governor at Orrell Newfold and Holgate Primary Schools.
George Seaward leaves a wife Violet and two children, David and Judith and 4 grandchildren.
The Chief Executive stated that the Mayor had written to the family expressing the Council’s sadness at the news of their loss and a donation would be forwarded to the Wigan Little Theatre at the request of the family.
(c) Death of former Councillor Brian Jerome Strett: The Chief Executive referred to the death of former Councillor Brian Jerome Strett on 30 June 2007.
Brian Strett was elected to the Wigan Metropolitan Borough Council on 3 May 1979 representing the Lightshaw Ward until May 2003, now the Golborne Lowton West Ward.
He spent 24 years as an elected member of the Council, being Chairman of the Social Services and Finance Committees and later Cabinet Member for the Environment. Other duties included, Director of Manchester Airport and the Yorkshire Purchasing Consortium (Vice Chair). He was also involved in running many local charities. He was appointed as Chairman of the Wrightington, Wigan and Leigh NHS Trust five years ago and was previously acting chair. He also served as a member of the Wigan and District Health Authority.
Brian Strett leaves a wife Phyllis.
The Chief Executive stated that the Mayor had written to the family expressing the Council’s sadness at the news of their loss and a donation would be forwarded to the Brian Strett Memorial Fund.
(d) Death of Honary Alderman and ex-Mayor of 1990/91 Ron McAllister: T he Chief Executive referred to the death of Honary Alderman and ex-Mayor Ron McAllister on 3 July 2007.
Ron McAllister was elected to the Wigan Metropolitan Borough Council in May 1974 representing Hindley Green Ward until the May elections of 1999. During that time he served on Education, Highways and Works and Establishment Committees. He was also Chairman of Governors of Mornington High School and Hindley Green Primary School. He was Deputy Mayor in 1989/90 and later became Mayor in 1990/91.
He was for many years a serving magistrate and a member of the board of visitors at Hindley prison. He was also the first Mayor to preside over Wigan Council in its brand new Council Chamber having also been a student of Wigan Technology in this building.
Ron McAllister leaves a daughter Ann, son Ian and 4 grandchildren having lost his wife, Mary in 1998.
The Chief Executive stated that the Mayor had written to the family expressing the Council’s sadness at the news of their loss and a donation would be forwarded to the Stroke Association.
Members of the Council expressed their condolences in respect of the Mayoress, Mrs Hazel O’Brien JP, and ex Councillors George Seaward, Brian Strett and Ron McAllister. All present stood for a moment as a mark of respect.
(e) Illness of Councillor W S Simmons: The Mayor informed Members of the illness of Councillor W S Simmons which had prevented him from attending meetings.
Resolved: The Council extends to Councillor Simmons best wishes for a speedy and complete recovery to health.
(f) Queens Birthday Honours 2007: The Mayor, on behalf of the Council, congratulated Kris Radlinski, lately Captain of Wigan Warriors, on being awarded an MBE for his services to Rugby League.
(g) Retirement of the Director of Legal and Property Services: The Mayor informed Members of the impending retirement of Mrs Susan Lowe, Director of Legal and Propert Services at the end of August 2007.
Susan’s career with Wigan started prior to the 1974 re-organisation of local government and she had witnessed quite a number of further re-organisations and re-structures over the 30 or so years that followed.
Starting as a solicitor, Susan progressed to becoming the Council’s Borough Solicitor and she had held the post of the Council’s senior legal officer and monitoring officer for 20 years. Susan had over that period, played a leading role in initiatives to improve and maintain standards of behaviour and propriety particularly through the work of the Standards Committee.
Resolved: The Council extends to Mrs Susan Lowe best thanks for her significant contribution to the Council and best wishes for a long and healthy retirement.
(h) Mayoral visit and charity update: The Mayor advised that the total amount raised for the Mayor’s Charity was, to date, £2474.67, with some money outstanding.
(i) Announcements by the Deputy Leader (Councillor J A O’Neil) – Member of the Executive:
Equality and Diversity training
Councillor J A O’Neil reported that Senior Management Team and the Councillors Service Group had agreed a programme of training for all Councillors on equality and diversity. He urged all Councillors to support the need for this training as an essential development of a Councillor’s role within the communities they represented.
Waste Planning in Greater Manchester
Councillor J A O’Neil reported on the work being undertaken by the Greater Manchetser Geological Unit to develop a waste planning strategy for Greater Manchester. This would be the subject of public coinsultation when proposals had been developed.
(j) Further issues (if any): There was none.
27 Tyldesley by-election on 28 June 2007: The Chief Executive reported that Councillor Robert Mark Bleakley had been elected at the Tyldesley by-election on 28 June 2007 and the Mayor extended a warm welcome to him.
Resolved: The Council allocate Councillor R M Bleakley to the vacant places on the Audit Governance and Improvement Committee and the Adult Services Panel.
28 Outstanding business from last Council meeting: There was none.
29 Policy and budget framework: (a) Commissioning strategy for health and wellbeing 2007/12: Further to Cabinet minute 19, the Council considered a report on the the commissioning intentions of the Adult Services Department during 2007/12, in response to the White Paper ‘Our Health, Our Care, Our Say’.
Resolved: the Council approves the commissioning strategy for health and wellbeing 2007/12.
(b) Food service plan 2007/08 : Further to Cabinet minute 47, the Council considered a report on the Food Service Plan 2007/08 . The aim of the plan was to ensure that food produced, consumed and sold in the borough was wholesome and safe to eat.
Resolved: The Council approves the Food Service Plan 2007/08 as set out in the report.
(c) Unreasonably persistent complainants: Further to Cabinet minute 75, the Council considered a report on the Local Government Ombudsman’s recently issued guidance note on dealing with unreasonably persistent complainants and on proposed amendments to the Council’s corporate complaints policy, procedure and practice in respect of dealing with such complainants and dealing with unacceptable behaviour .
Resolved: The Council agrees:-
- to amend the Council’s corporate complaints policy, procedure and practice as detailed in the report so that the amended policy at appendix three forms part of the Council’s policy framework;
- to declare that the amended policy will apply to all persons making complaints against the actions of the Council or its officers; and
- to amend the Council’s Member/officer protocol, as necessary. And to provide that the section within the Council’s corporate c omplaints policy, procedure and practice regarding dealing with unreasonably persistent complainants and unreasonable behaviour applies to complaints made by Members of the Council against officers, and by officers of the Council against Members (except where such conduct falls within the remit of the Standards Board for England).
(d) Corporate Plan 2007/08: Further to Cabinet minute 64, the Council considered a report on the corporate plan for 2007/08; the strategic risk register; the Council’s performance of key performance measures and tasks; and the best value performance indicators results for 2006/07.
Resolved: The Council approves the corporate plan 2007/08 now submitted as part of the policy framework.
(e) Further issues (if any): There was none.
30 Review of polling places – Tydesley ward: Further to Cabinet minute 13, the Council considered a report on a replacement polling place required in the Tyldesley ward because of the imminent closure of Shakerley CE Primary School .
Resolved: The Council agrees to designate the Shakerley Community Centre, Cumberland Avenue, Tyldesley as the polling place for polling district WYF (Tyldesley) in place of Shakerley CE Primary School.
31 Appointments of minority group seat on AGMA Council and minority group vice-chairman of the Overview and Scutiny committee: The Council considered a report on the appointments of the minority group seat on AGMA Council and the minority group vice-chairman on the Overview and Scrutiny committee.
At its Annual Meeting on 16 May 2007, Council had resolved to appoint Councillors
Mrs J Hurst, J D O’Brien and B Merry to the Council for the Association of Greater
Manchester Authorities (AGMA) (minute 15(1) refers).
Council was advised that the appointment of Councillor B Merry to the AGMA Council was contrary to paragraph 20 of the Constitution of the Association, detailed as follows:-
‘Where one-quarter of the members on a Member Council are from minority parties, one of that Member Council's three members of the Council shall come from the minority party on that Member Council with the largest number of seats. Where the two or more largest minority parties on a Member Council have an equal number of seats that Member Council shall decide from which one of them a member shall be chosen for the purpose of this clause.’
Council was advised that Councillor B Merry's appointment as Wigan Council's minority party representative to the AGMA Council was not therefore in accordance with the AGMA Constitution and was not therefore accepted by AGMA under its present constitutional arrangements. The appointments of Councillors Mrs J Hurst and J D O’Brien were valid.
On the 21 May 2007, the Chief Executive emailed all Group Leaders to advise them that Rule 21 of the AGMA Constitution provided that:-
‘A member council may appoint by notification in writing to the Secretary before the commencement of a meeting of the Council a substitute or substitutes to act in the place of any of its members of the Council.’
Council was advised that the Chief Executive therefore, used her delegated power (to determine all issues associated with the professional management of the Council) to appoint Councillor B J Fagan in substitution for Councillor B Merry. The temporary substitution covered all AGMA Council meetings until Wigan Council had an opportunity to rectify the situation at this meeting.
Council was also advised that at the Annual Council meeting, Councillor I A Franzen had been nominated as the minority group Vice-Chairman of the Overview and Scrutiny Committee. Council had resolved to defer its decision on this appointment to this meeting of Council (minute 12(2) refers).
The report informed Council that Government had issued the following advice on the composition of Overview and Scrutiny Committees:-
“In deciding the membership of Overview and Scrutiny committees, local authorities will need to take into account the particular skills and expertise required to ensure that thorough and informed reviews take place. They should consider whether to include those who are not members of the local authority to bring outside views to the work of such committees. This is in addition to the requirements in Schedule 1 to the Act.
Where there is a majority group, local authorities might consider it appropriate to have all or some of these committees chaired by members outside the majority group or by church or parent governor representatives. Overview and Scrutiny should be constructive and not merely be there either always to oppose the executive or to rubber stamp the executive's decision.”
The report invited Council to appoint a minority group Vice-Chairman of the Overview and Scrutiny Committee. In doing so, Council was advised that it had the options of not making an appointment of a second Vice-Chairman of the Overview and Scrutiny Committee or to appoint a second Vice-Chairman from the Labour Party Group.
Councillor B J Fagan and P R Franzen made comments on this item.
Councillor P R Franzen submitted the following motion, which was seconded by Councillor I A Franzen:-
This Council hereby appoints Councillor I A Franzen to the vacant place of vice chair of the Overview and Scrutiny Committee.
During discussion of this item, Councillor J Davies moved and it was seconded by Councillor G W Fairhurst:-
In accordance with Rules of procedure 10 j of the Constitution, the question is now put.
On the procedural motion being put to the vote, the Mayor declared it carried.
On the substantive motion being put to the vote, the Mayor declared it lost.
Councillor I A Franzen supported by 10 Members, asked for a recorded vote to be taken, indicating the names for and against the motion or abstaining from voting.
For the motion (13): Councillors S C Barnes, Mrs J Beswick, R M Bleakley , W Carney, R J Derricutt, B J Fagan, L E Fagan, I A Franzen, P R Franzen, K W McManus, J Miller, P A Tushingham and W J Wilkes
Against the Motion (58): T he Mayor (CouncillorJ D O’Brien), The Deputy Mayor (Councillor R Winkworth), Councillors K Aldred, M Aldred, K Anderson, N D Ash, J B Baldwin, Mrs A Bennett, , Mrs J S Birch, Mrs A M L Bland Mrs B Bourne, B Bowen, N A Bradbury, G M Bretherton, H L Cadman, R Clayton, C M Cottam, K Cunliffe, G Davies, J F Davies, M A Dewhurst, Mrs S Dewhurst, J Eccles-Churton, Mrs D Fairhurst, G A Fairhurst, G W Fairhurst , J Haley, T W Halliwell, J Hilton, J D Hodgkinson, P L Holland, Mrs J Hurst, Mrs B Jarvis, M Klieve, Mrs S Loudon, B Merry, J Moodie, J A O’Neill, Mrs J Prescott, P Prescott, C Ready, C Rigby, A Robinson, W Rotherham, J Shaw, Mrs E Smethurst, P R C Smith, R T Splaine, C Sweeney, J Talbot, P Thompson, Mrs A Turnock, F B Walker, Mrs M J Whiteside, N R Whittingham, G Wilkes, B M Wilson and M W Winstanley.
Councillor G Wilkes moved the following motion, which was seconded by Councillor B Merry:-
The Council appoints Councillor R T Splaine to the vacant position of Vice Chair on the Overview and Scrutiny Committee.
On the motion being put to the vote, the Mayor declared it carried.
Councillor I A Franzen supported by 10 Members, asked for a recorded vote to be taken, indicating the names for and against the motion or abstaining from voting.
For the Motion (58): T he Mayor (CouncillorJ D O’Brien), The Deputy Mayor (Councillor R Winkworth), Councillors K Aldred, M Aldred, K Anderson, N D Ash, J B Baldwin, Mrs A Bennett, , Mrs J S Birch, Mrs A M L Bland Mrs B Bourne, B Bowen, N A Bradbury, G M Bretherton, H L Cadman, R Clayton, C M Cottam, K Cunliffe, G Davies, J F Davies, M A Dewhurst, Mrs S Dewhurst, J Eccles-Churton, Mrs D Fairhurst, G A Fairhurst, G W Fairhurst , J Haley, T W Halliwell, J Hilton, J D Hodgkinson, P L Holland, Mrs J Hurst, Mrs B Jarvis, M Klieve, Mrs S Loudon, B Merry, J Moodie, J A O’Neill, Mrs J Prescott, P Prescott, C Ready, C Rigby, A Robinson, W Rotherham, J Shaw, Mrs E Smethurst, P R C Smith, R T Splaine, C Sweeney, J Talbot, P Thompson, Mrs A Turnock, F B Walker, Mrs M J Whiteside, N R Whittingham, G Wilkes, B M Wilson and M W Winstanley.
Against the motion (13): Councillors S C Barnes, Mrs J Beswick, R M Bleakley , W Carney, R J Derricutt, B J Fagan, L E Fagan, I A Franzen, P R Franzen, K W McManus, J Miller, P A Tushingham and W J Wilkes.
Resolved: The Council appoints Councillor R T Splaine to the vacant position of Vice Chair on the Overview and Scrutiny Committee.
It was further Resolved: That this Council revokes the appointment of Councillor B Merry to the AGMA Council and appoints Councillor B J Fagan as such a Member and to amend minute 15(1) accordingly
Councillor P R Franzen s upported by 10 Members, asked for a recorded vote to be taken, indicating the names for and against the motion or abstaining from voting.
or the Motion (58): T he Mayor (CouncillorJ D O’Brien), The Deputy Mayor (Councillor R Winkworth), Councillors K Aldred, M Aldred, K Anderson, N D Ash, J B Baldwin, Mrs A Bennett, , Mrs J S Birch, Mrs A M L Bland Mrs B Bourne, B Bowen, N A Bradbury, G M Bretherton, H L Cadman, R Clayton, C M Cottam, K Cunliffe, G Davies, J F Davies, M A Dewhurst, Mrs S Dewhurst, J Eccles-Churton, Mrs D Fairhurst, G A Fairhurst, G W Fairhurst , J Haley, T W Halliwell, J Hilton, J D Hodgkinson, P L Holland, Mrs J Hurst, Mrs B Jarvis, M Klieve, Mrs S Loudon, B Merry, J Moodie, J A O’Neill, Mrs J Prescott, P Prescott, C Ready, C Rigby, A Robinson, W Rotherham, J Shaw, Mrs E Smethurst, P R C Smith, R T Splaine, C Sweeney, J Talbot, P Thompson, Mrs A Turnock, F B Walker, Mrs M J Whiteside, N R Whittingham, G Wilkes, B M Wilson and M W Winstanley.
Against the motion (13): Councillors S C Barnes, Mrs J Beswick, R M Bleakley , W Carney, R J Derricutt, B J Fagan, L E Fagan, I A Franzen, P R Franzen, K W McManus, J Miller, P A Tushingham and W J Wilkes.
32 Constitutional Issues: (a) Changes in membership/appointment of Members to Committees/Panels (if any) :- There was none.
(b) Composition of the Council’s Standards Committee: The Council considered a report to review the composition of its Standards Committee to reflect the political groups that were now represented on the Council.
Council was reminded that the Standards Board for England advice on the composition of a Council’s Standards Committee was as follows:-
Under Section 53(10) of the Local Government 2000, Standards Committees do not have to reflect the political balance of the Council. This is because the Standards Committee is above party politics and its representatives need to gain the respect of the whole Council regardless of their political party. Indeed it may be appropriate to have an equal number of representatives from all parties represented on the Council.
We believe it is very important that your Standards Committee includes representatives who have the support of all political parties.
Such Committees should not be "whipped" (told how to vote on matters) but should be regarded as quasi-judicial (able to consider matters impartially and without regard to party loyalty)
Experience has shown us that Members should consider and review the make-up of their Standards Committee to make sure that there is a fair and appropriate balance between independent representatives and those from different tiers of local government"
In September 2003, the Council agreed the current composition of the Standards Committee, based on the political Groups represented on the Council at the time. However, the political groups had now changed, in that there was the Labour Group, the Democratic Alliance Group, the Conservative Group and the Independent Councillors Group.
Following the Annual Meeting of Council, the Standards Committee had 5 Members from the Labour Group, 1 Member from the Democratic Alliance Group and 1 Member from the Conservative Group. The only Group not represented on the Standards Committee was the Independent Councillor Group. Only 2 of the 3 Minority Party Group places have been filled.
Councillor P R Franzen moved the following motion, which was seconded by Councillor I A Franzen:-
This Council hereby revises the composition of the Standards Committee to provide eight elected members, with two places reserved for the Labour Group, two for the Democratic Alliance Group, two for the Conservative Group and two for the Independent Group.
Councillor I A Franzen supported by 10 Members, asked for a recorded vote to be taken, indicating the names for and against the motion or abstaining from voting.
For the motion (13): Councillors S C Barnes, Mrs J Beswick, R M Bleakley , W Carney, R J Derricutt, B J Fagan, L E Fagan, I A Franzen, P R Franzen, K W McManus, J Miller, P A Tushingham and W J Wilkes
Against the Motion (58): T he Mayor (CouncillorJ D O’Brien), The Deputy Mayor (Councillor R Winkworth), Councillors K Aldred, M Aldred, K Anderson, N D Ash, J B Baldwin, Mrs A Bennett, , Mrs J S Birch, Mrs A M L Bland Mrs B Bourne, B Bowen, N A Bradbury, G M Bretherton, H L Cadman, R Clayton, C M Cottam, K Cunliffe, G Davies, J F Davies, M A Dewhurst, Mrs S Dewhurst, J Eccles-Churton, Mrs D Fairhurst, G A Fairhurst, G W Fairhurst , J Haley, T W Halliwell, J Hilton, J D Hodgkinson, P L Holland, Mrs J Hurst, Mrs B Jarvis, M Klieve, Mrs S Loudon, B Merry, J Moodie, J A O’Neill, Mrs J Prescott, P Prescott, C Ready, C Rigby, A Robinson, W Rotherham, J Shaw, Mrs E Smethurst, P R C Smith, R T Splaine, C Sweeney, J Talbot, P Thompson, Mrs A Turnock, F B Walker, Mrs M J Whiteside, N R Whittingham, G Wilkes, B M Wilson and M W Winstanley.
On the motion being put to the vote, the Mayor declared it lost.
Councillor B Merry moved the following motion, which was seconded by Councillor G Wilkes:-
That this Council appoints Councillor R T Splaine to the vacant opposition place on the Council’s Standards Committee.
On the motion being put to the vote, the Mayor declared it carried, and it was
Resolved: That this Council appoints Councillor R T Splaine to the vacant opposition place on the Council’s Standards Committee.
It was further Resolved: This Council agrees to revise the composition of the Standards Committee to provide ‘up to 8 Elected Members with 5 places reserved for the Labour Group, 1 for the Democratic Alliance Group, 1 for the Conservative Group and 1 for the Independent Councillor Group’.
(c) Appointment of representatives on outside bodies 2006/07: The Council considered a report to appoint a nominated representative of the Council to the vacancy on the Standish United Charity. The report set out details of the nomination that had been received in respect of the vacancy.
Councillor P R FRanzen and N R Whittingham made comments on this item.
Councillor P R C Smith submitted the following nomination, which was seconded:-
The Council approves the nomination of Mr M J Crosby as Nominative Trustee to the Standish United Charity.
Councillor M W Winstanley submitted the following nomination, which was seconded:-
The Council approves the nomination of Councillor George A Fairhurst as Nominative Trustee to the Standish United Charity.
The Mayor took votes for each nomination, and it was
Resolved: The Council appoints Mr M J Crosby as Nominative Trustee to the Standish United Charity.
Councillor G W Fairhurst supported by 10 Members, asked for a recorded vote to be taken, indicating the names for and against the motion or abstaining from voting.
For the motion (44): The Mayor (CouncillorJ D O’Brien), The Deputy Mayor (Councillor R Winkworth), Councillors K Aldred, M Aldred, K Anderson, N D Ash, J B Baldwin, Mrs A Bennett, , Mrs J S Birch, Mrs B Bourne, B Bowen, N A Bradbury, G M Bretherton, , C M Cottam, K Cunliffe, G Davies, , M A Dewhurst, Mrs S Dewhurst, J Eccles-Churton, , T W Halliwell, J Hilton, P L Holland, Mrs J Hurst, Mrs B Jarvis, M Klieve, Mrs S Loudon, , J Moodie, J A O’Neill, Mrs J Prescott, P Prescott, C Ready, C Rigby, A Robinson, W Rotherham, J Shaw, Mrs E Smethurst, P R C Smith, , C Sweeney, J Talbot, P Thompson, Mrs A Turnock, F B Walker, Mrs M J Whiteside and B M Wilson
Against the motion (27): Councillors S C Barnes, Mrs J Beswick, Mrs A M L Bland, R M Bleakley , H L Cadman, W Carney, R Clayton, J F Davies, R J Derricutt, B J Fagan, L E Fagan, Mrs D Fairhurst, G A Fairhurst, G W Fairhurst, I A Franzen, P R Franzen, J Haley, J D Hodgkinson, K W McManus, B Merry, J Miller, R T Splaine, P A Tushingham, N R Whittingham, W J Wilkes, G Wilkes and M W Winstanley.
(d) Appointment of LEA Representative Governors: The Council considered a report which gave details of schools within the borough where appointments of Local Education Authority (LEA) Representative Governors were required. The report also set out details of nominations that had been received in respect of some of the vacancies.
Resolved: The Council (1) approves the Local Education Authority Governor nominations as set out in the report now submitted.
(2) The Council requests the Director of Children and Young People’s Services to advise the Local Authority appointed Governors of their terms of office as set out in the report.
(e) Urgent items - quarterly report : The Council considered a report that drew Members’ attention to rule 16 of the access to information rules of the Constitution regarding items of special urgency. The report gave details of a number of reports that had been considered as urgent items at meetings during the period 1 January to 30 April 2007 of the previous Municipal Year.
Resolved: The Council accepts the report.
(f) Appointment of Co-opted Members 2007/08: The Council considered a report dealing with the appointment of Co-opted Members to the Children and Young People’s Panel during the Municipal Year 2007/08.
Resolved: The Council appoints the following as Co-opted Members on the Children and Young Peoples Panel for the ensuring Municipal Year 2007/08:-
|
Church of England representative |
Rev R Buckley |
|
Bolton and Rochdale Methodist District/Free Churches representative |
Mr D Barber |
(g) Further issues (if any): There was none.
33 Questions and Comments under rule 8(1)(b) in relation to the deliberations of the Cabinet, Committees and Panels:
Councillor P R Franzen asked two questions and made one comment on minute 65 of the meeting of Cabinet on 28 June 2007 (Ruddy duck).
Councillor N D Ash made a comment on minute 50 of the meeting of Cabinet on 14 June 2007 (Proposed disposal of land adjoining South Lancs. Industrial Estate, Ashton in Makerfield).
Councillor R Clayton made a comment on minute 43 of the meeting of Cabinet on 14 June 2007 (Proposed Sunday parking charges and disabled parking charges for the Galleries and Water Street multi-storey car parks).
Councillor M W Winstanley made a comment on minute 72 of the meeting of Cabinet on 28 June 2007 (Transport innovation fund – implications for Wigan).
Councillor M W Winstanley made a comment on minute 65 of the meeting of Cabinet on 28 June 2007 (Ruddy duck).
Councillor M W Winstanley made a comment on minute 9 of the meeting of Cabinet on 31 May 2007 ( Co-location opportunities for a public library at the new Abraham Guest School: projected demand for primary school places ).
Councillor G Wilkes made a comment on minute 8 of the meeting of Cabinet on 31 May 2007 (Proposed expansion of Landgate School: results of informal consultation).
Councillor P A Tushingham has given notice that he wishes to make a comment on Minute 50 of the meeting of Cabinet on 14 June 2007 (Proposed disposal of land adjoining South Lancs. Industrial Estate, Ashton in Makerfield).
Councillor J D Hodgkinson asked a question on minute 58 of the meeting of Cabinet on 28 June 2007 (Remediation of Ince Central Estate).
Councillor J D Hodgkinson asked a question on minute 63 of the meeting of Cabinet on 28 June 2007 (Wigan Pier Quarter).
Councillor J D Hodgkinson asked a question on minute 74 of the meeting of Cabinet on 28 June 2007 (Deprived area fund).
Councillor B Merry made a comment on minute 50 of Cabinet on 14 June 2007 (Proposed disposal of land adjoining South Lancs. Industrial Estate, Ashton in Makerfield).
Councillor N R Whittingham asked a question on minute 77 of the meeting of Cabinet on 28 June 2007 (20mph School Strategy).
Councillor R M Bleakley asked a question on minute 23 of the meeting of Cabinet on 31 May 2007 (review of early years provision in the Shakerley area).
Councillor R J Derricutt asked a question on minute 43 of Cabinet on 14 June 2007 (Proposed Sundy parking charges and disabled parking charges for the Galleries and Water Street car parks).
The Executive leader (Councillor P R C Smith) responded to the abovementioned questions and comments.
Councillor M Aldred made a comment on minute 13 of the meeting of the Children and Young Peoples Panel on 24 May 2007 ( Outcomes of Ofsted inspections Summer term 2006 and the Spring term 2007 ).
Councillor G Wilkes asked a question on minute 14 of the meeting of the Community Protection Panel on 4 June 2007 ( Norfolk Property Services (NW) Ltd - fourth quarter report 2006/07), to which the Executive Champion for Neighbourhoods (Councillor K Cunliffe responded)
Councillor G Wilkes made a comment on minute 9 of the meeting of the Environment Panel on 6 June 2007 (Public toilet survey report – Princess Road, Ashton).
Councillor R M Bleakley made a comment on minute 7 of the Environment Panel on 6 June 2007 (Adoption of streets and highways), to which the Executive Champion for Regeneration (Councillor J A ONeil) responded
34 Questions (if any) under Rule 8 (1)(a): There was none.
35 Notices of Motion: The Chief Executive and the Director of Legal and Property Services submitted a joint report on the competence and lawfulness of the motions that had been received.
(1) Councillor B J Fagan submitted the following motion, which was seconded:-
This Council calls for an investigation into why millions of pounds have been lost by the Wigan and Leigh Culture Trust. They failed to apply for arts grants that were available which could have been used to build the Arts Performance Centre, which has now been scrapped. This money could have used in many ways to improve the provision of arts and culture in Wigan
Resolved: On the motion being put to the vote, the Mayor declared it lost.
(2) Councillor B J Fagan submitted the following motion which was seconded:-
This Council calls for regular full time police on foot in each ward every evening and to stop pussy footing about with government policy that does not meet the needs of the people of Wigan.
We want real on the ground policing to make people feel safe in the areas they live in.
An amendment was moved by Councillor K Cunliffe, however, the Director of Legal and Property Services indicated that the proposed amendment negated the original motion and therefore could not be accepted.
At this point, the guillotine was reached and the Mayor called for a vote on the current item under discussion and the following items without further debate
in accordance with rules of procedures 4.2 and 4.3 of the Coinstitution.
On the motion being put to the vote, the Mayor declared it lost.
Councillor B J Fagan supported by 10 Members, asked for a recorded vote to be taken, indicating the names for and against the motion or abstaining from voting.
For the Motion (22): Councillors S C Barnes, Mrs J Beswick, Mrs A M L Bland, R M Bleakley , H L Cadman, W Carney, R Clayton, J F Davies, R J Derricutt, B J Fagan, L E Fagan, Mrs D Fairhurst, G A Fairhurst, G W Fairhurst, I A Franzen, P R Franzen, K W McManus, J Miller P A Tushingham, N R Whittingham, W J Wilkes, and M W Winstanley.
Against the Motion (44): The Mayor (CouncillorJ D O’Brien), The Deputy Mayor (Councillor R Winkworth), Councillors K Aldred, M Aldred, K Anderson, N D Ash, J B Baldwin, Mrs A Bennett, , Mrs J S Birch, Mrs B Bourne, B Bowen, N A Bradbury, G M Bretherton, , C M Cottam, K Cunliffe, G Davies, , M A Dewhurst, Mrs S Dewhurst, J Eccles-Churton, , T W Halliwell, J Hilton, P L Holland, Mrs J Hurst, Mrs B Jarvis, M Klieve, Mrs S Loudon, , J Moodie, J A O’Neill, Mrs J Prescott, P Prescott, C Ready, C Rigby, A Robinson, W Rotherham, J Shaw, Mrs E Smethurst, P R C Smith, , C Sweeney, J Talbot, P Thompson, Mrs A Turnock, F B Walker, Mrs M J Whiteside and B M Wilson
Abstention (5): J Haley, J D Hodgkinson, B Merry, R T Splaine and G Wilkes
(3) The following motion was submitted by Councillor M W Winstanley:-
This Council urges the Cabinet to do everything within its power to provide an appropriate Concert Hall venue for Wigan.
A new Concert Hall Venue would demonstrate the Council's commitment to enhancing cultural life within the Borough.
On the motion being put to the vote, the Mayor declared it carried and it was
Resolved: This Council urges the Cabinet to do everything within its power to provide an appropriate Concert Hall venue for Wigan.
A new Concert Hall Venue would demonstrate the Council's commitment to enhancing cultural life within the Borough.
(4) The following motion was submitted by Councillor Mrs D Fairhurst:-
This Council calls for a true sense of democracy with regards Township and here call for a one man one vote in these meetings.
On the motion being put to the vote, the Mayor declared it lost.
(5) The following motion was submitted by Councillor P R C Smith:-
This Council views with the utmost concern the creation of the Democratic Alliance Group and the effect which it has had on the allocation of places on the joint authorities which no longer reflects the balance of political parties produced by the electorate.
On the motion being put to the vote, the Mayor declared it carried and it was
Resolved: This Council views with the utmost concern the creation of the Democratic Alliance Group and the effect which it has had on the allocation of places on the joint authorities which no longer reflects the balance of political parties produced by the electorate.
(6) The following motion was submitted by Councillor P R C Smith submitted:-
This Council welcomes the ban on smoking in public places introduced on July 1st and pledges to work with health partners to improve health in the borough by reducing levels of smoking.
On the motion being put to the vote, the Mayor declared it carried and it was
Resolved: This Council welcomes the ban on smoking in public places introduced on July 1st and pledges to work with health partners to improve health in the borough by reducing levels of smoking.
36 Remediation of Ince Central Estate: Further to Cabinet minute 32, the Council considered a report on the current position regarding the remediation of Ince Central Estate. The Council was informed that in view of the urgency, the Director of Environmental Services had exercised the authority delegated to him at minute 418(3), February 2005, to proceed with phase 7 of the remediation works. The cost of which would be at risk to the Council whilst the Department for Environment, Food and Rural Affairs considered further bids for funding.
In addition, the Council was informed that the Mayor had consented to this item being exempt from call-in in view of the urgency to proceed with the remediation works. Not to do so would result in delay and distress to residents on the estate.
Resolved: The Council notes the action taken by the Director of Environmental Services in accordance with delegated authority; and
Notes that the Mayor had consented to this decision being exempted from call-in and now resolves that because these decisions are urgent they are not subject to call-in. The reason for urgency is that the delay from the call-in process would seriously prejudice the Council's or the public's or an individual’s interest because the application of call-in would delay the work on Phase 7 of the remediation work.
37 Westwood Link contract – final account: The Council considered a report that sought approval of the final cost of the contract, negotiated by the Director of Environmental Services and the consequential increase in budget provision within the capital programme for the project as a whole.
Resolved: The Council approves:-
- The negotiated settlement now reported;
- The budget release in the sum of £10,196,989 (£4,410,904 Government grant, £5,786,085 capital resources); and
- The necessary amendment to the capital programme as part of the budget framework.
Declaration of Interests Council Meeting on 11 July 2007
|
Meeting concerned |
Page Nos. (in Minute Book Vol.26) |
Minute No. |
Councillor Declaring interest |
Type of Interest, together with reason it was declared |
|
Cabinet
(31.05.07) |
77 |
9 |
J B Baldwin |
Personal and non Prejudicial interest because he is a Board Member of the Wigan Leisure and Culture Trust |
|
Cabinet
(28.06.07) |
126 |
58 |
C Sweeney |
Personal and non prejudicial interest because of his employment by the Environment Agency |
|
Children and Young Peoples Panel
(24.5.07) |
P3 |
13 |
Mrs B Jarvis |
Personal and non prejudicial interest because of her daughter’s employment at Chowbent C P School Atherton as Admin Assistant. |
|
Environment Panel
(06.07.07) |
P12 |
7 |
C Sweeney |
Personal and non prejudicial interest because of him owning a property on a street not yet adopted by Wigan Council and his employment at the Environment Agency |
Councillor M W Winstanley declared a personal and non prejudicial interest in agenda item 9 (d) Corporate Plan 2007/08 because he is a Director of Wigan and Leigh Housing.
Councillor M W Winstanley declared a personal and non prejudicial interest in agenda item E1(a) Remediation of Ince Central estate because he is a Director of Wigan and Leigh Housing.
Councillor C Sweeney declared a personal and non prejudicial interest in agenda item 15 (Motion number 4) because he is a Member of the Hindley and Abram Township Forum.
Councillor C Sweeney declared a personal and non prejudicial interest in agenda item E1(a) Remediation of Ince Central estate because of his employment by the Environment Agency.
Councillor M J Whiteside declared a personal and non prejudicial interest in any items relating to her appointment of Wigan and Leigh Housing as a Board Member.
Councillor B J Fagan declared a personal and non prejudicial interest in agenda item 9(c) Unreasonably persistent complaints, agenda item 12(b) Composition of the Council’s Standards Committee and agenda item 12(e) Urgent items quarterly report because he is a Member of the Standards Committee.
Councillor B J Fagan declared a personal and non prejudicial interest in agenda item 11 Appointments of Minority Group Seat on AGMA Council and Minority Group Vice-Chairman of the Overview and Scrutiny Committee because he is a Member of AGMA.
Councillor B J Fagan declared a personal and non prejudicial interest in agenda item 9(d) Corporate Plan 2007/08 because he is a Member of the Audit Governance Committee.
Councillor Ms L Fagan declared a personal and non prejudicial interest in agenda item 12(e) Urgent items and in agenda item 12(f) Appointment of Co-opted Members 2007/08 because she is a member of the Children and Young Peoples Panel.
Councillor J Moodie declared a personal and non prejudicial interest in all matters relating to Douglas Valley Community Ltd.
Councillor C Rigby declared a personal and non prejudicial interest in all matters relating to Wigan Leisure and Culture Trust due to his daughters employment with the Trust.
Councillor S C Barnes declared a personal and non prejudicial interest in any shared interests with Councillors Peter Franzen & Ian Franzen because of their relationship with my sister, Gladys Franzen.
Councillor S C Barnes declared personal and non prejudicial interest in any shared interests with Cllr Jonathon Miller because of his relationship with my niece Ingrid Franzen.
Councillor J Miller declared a personal and non prejudicial interest in all matters relating to the Ruddy Duck due to his membership of the RSPB, BTO, WWT and Lancashire Wildlife Trust and in representing the council on the Wigan Flashes Committee.
Councillor Mrs D Fairhurst declared a personal interest in agenda item 12(c) Appointment of representatives on outside bodies 2007/08 because her father in law is a nominee for a representative on the Standish Unity Charity.
Councillor Ms A M L Bland declared a personal interest in agenda item 12(c) Appointment of representatives on outside bodies 2007/08 because her father is a nominee for a representative on the Standish Unity Charity.
Councillor G W Fairhurst declared a personal and non prejudicial interest in agenda item 12(c) Appointment of representatives on outside bodies 2007/08 because his father is a nominee for a representative on the Standish Unity Charity.
Councillor G A Fairhurst declared a personal and non prejudicial interest in agenda item 12(c) Appointment of representatives on outside bodies 2007/08 because he is a nominee for a representative on the Standish Unity Charity.
Councillor W Rotherham declared a personal and non prejudicial interest in agenda item 13 Questions and Comments because he is a member of the Wigan Flashes Group.
Councillor I A Franzen declared a personal and non prejudicial interest in relation to any interests declared by Councillors J Miller, Councillor S C Barnes and Councillor P R Franzen.
