1 METROPOLITAN BOROUGH COUNCIL

COUNCIL MEETING

2nd September, 2010

COUNCILLOR MARGARET SHEARD (THE MAYOR)

At a meeting of the Barnsley Metropolitan Borough Council duly convened and held on Thursday 2nd September, 2010, in the Council Chamber, Town Hall, Barnsley.

95. Present : The Mayor (Councillor Sheard), (in the Chair)

Central Ward - Councillors D. Birkinshaw, Bruff and Stokes

Cudworth Ward - Councillors Hayward, Houghton and C. C. Wraith

Darfield Ward - Councillors Fisher, Markham and Wainwright

Darton East Ward - Councillors Miller, Parkinson and Spence

Darton West Ward - Councillors Burgess, Cave and Howard

Dearne North Ward - Councillors Hancock and Worton

Dearne South Ward - Councillors Brooke, Noble and Sanderson

Dodworth Ward - Councillors P. Birkinshaw, J. Carr and Perrin

Hoyland Milton Ward - Councillor Franklin

Kingstone Ward - Councillors Mitchell and Price

Monk Bretton Ward - Councillors Brown and Richardson

North East Ward - Councillors Gillespie, Higginbottom and North

Old Town Ward - Councillor Gaunt Lofts and Love

Penistone East Ward - Councillors Barnard, Hand-Davis and Wilson

Penistone West Ward - Councillors Marsh, and Webber

Rockingham Ward - Councillor Andrews

Royston Ward - Councillors Kyte and Newman

St. Helen’s Ward - Councillors Butterwood, Platts and Picken

Stairfoot Ward - Councillors Clowery, Dyson and Mathers

Wombwell Ward - Councillors Morgan, Wilde and R. Wraith

Worsbrough Ward - Councillors Barlow, Clarke and G. Carr COUNCIL 2 2nd September, 2010

96. Councillor P Markham

The Mayor and Members of the Council expressed their congratulations to Councillor P Markham on her wedding on the 1 st September, 2010. They wished both her and her husband their best wishes for the future.

97. Declarations of Personal Interest

Councillor Bruff declared a personal interest in Minute No. 128 “Former Lacewood Primary School, Station Road, Bolton on Dearne: The Council Acting in its Capacity as Trustee – Land Exchange with Carrfield Primary School, Bolton on Dearne to Transfer the Trust Status of the Site” in view of her daughter being employed at Carrfield Primary School

Councillor Sanderson declared a personal interest in Minute No. 128 “Former Lacewood Primary School, Station Road, Bolton on Dearne: The Council Acting in its Capacity as Trustee – Land Exchange with Carrfield Primary School, Bolton on Dearne to Transfer the Trust Status of the Site” in view of him being a Governor at Carrfield Primary School.

98. Minutes

The minutes of the meeting held on 15 th July, 2010 were taken as read and signed by the Chairman as a correct record.

99. Communications

(a) Care4Air Awards

The Chief Executive was pleased to inform Members that Care4Air, South Yorkshire’s air quality awareness campaign, had hosted their annual awards ceremony last month and that Barnsley’s nominations had won two of the five categories and were highly commended in two others.

The Barnsley winners were:-

(i) The in the Education Category for their overall approach to carbon reduction including energy conservation and recycling measures and a travel plan that encourages students to walk, car share or cycle; and

(ii) Yorkshire Housing in the Community Category for their housing scheme at Newhill Road. The scheme comprised 58 low energy homes built by Bramall Construction, one of only a handful of new housing development in Yorkshire which had achieved an “excellent” four stars on the Eco Homes rating

He also reported that the Trans Pennine Trail had been highly commended in the Community category.

In addition, Paul Higgins, a friend of the Trans Pennine Trail since 2004 had been highly commended in the Individual category.

COUNCIL 3 2nd September, 2010

Robert Gillicker from the Planning Service and Sarah Ford and Sophie Hughes from the Trans Pennine Trail were present in the Council Chamber this morning and the Mayor and Members congratulated all involved in these projects in the usual manner.

(b) Long Service Citations

The Chief Executive reported the names of long serving teachers and school staff who had all retired n the 31 st August after more that 25 years service.

The following Members of staff were thanked for their hard work and dedication to the Council and were given best wishes by the Mayor and Elected Members for the future.

Margaret Nowodny - Teacher at Cudworth Churchfield Primary (36 years service).

Sandra Eastwood – Assistant Headteacher at Penistone St John the Baptist CE Junior School (26 years service).

Raymond Taylor - Advisory Teacher of Visual Impairment at Worsbrough Common Infant School (28 years service).

Jean Maltby - Deputy Headteacher at Darton High School (34 years service).

Ian Taylor - Maths Teacher at Darton High School (34 years service).

Christine Hawley - Teacher at Holgate School (38 years service).

Graham Robinson - Assistant Headteacher at Holgate School (32 years service).

Leslie Done - Teacher at Penistone Grammar School (35 years service).

Keith Holden - Teacher at Penistone Grammar School (30 years service).

Judith Johnson - Assistant Headteacher at Penistone Grammar School (32 years service).

Stephen Pring -Teacher at Penistone Grammar School (37 years service)

Stephen Reid - Teacher at Penistone Grammar School (36 years service).

Janet Taylor - Cook at Cudworth Churchfield Primary School (31 years service).

Susan Dunhill - Teacher at Priory School (37 years service).

Mrs Terry Quy - Teacher at Priory School (26 years service). .

100. Questions by Elected Members

The Chief Executive reported that he had received no questions from Elected Members in accordance with Standing Order No. 10.

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101. Questions to Section 41 Members on Joint Authority Business

The Chief Executive reported that he had received no questions from Elected Members on Joint Authority Business in accordance with Standing Order 10A.

The Council then received the following Minutes:-

(a) South Yorkshire Fire and Rescue Authority (Annual Meeting) – 28th June, 2010

(b) South Yorkshire Fire and Rescue Authority (Ordinary Meeting) – 28 th June, 2010

(c) South Yorkshire Fire and Rescue Authority – 26 th July, 2010

(d) South Yorkshire Police Authority – 2 nd July, 2010

(e) South Yorkshire Integrated Transport Authority – 1st July, 2010

(f) South Yorkshire Integrated Transport Authority – 5th August, 2010

RESOLVED that the minutes be noted.

102. Royston Ward Panel

Moved by Councillor Newman – Seconded by Councillor C Wraith; and

RESOLVED that the minutes as printed and now submitted of the proceedings of the Royston Ward Panel held on 13 th July, 2010 be received.

103. St. Helen’s Ward Panel

Moved by Councillor Platts – Seconded by Councillor Picken; and

RESOLVED that the minutes as printed and now submitted of the proceedings of the St. Helen’s Ward Panel held on 19 th July, 2010 be received.

104. Penistone East Ward Panel

Moved by Councillor Hand-Davis – Seconded by Councillor Wilson; and

RESOLVED that the minutes as printed and now submitted of the proceedings of the Penistone East Ward Panel held on 22 nd July, 2010 be received.

105. Cudworth Ward Panel

Moved by Councillor C Wraith – Seconded by Councillor Hayward; and

RESOLVED that the minutes as printed and now submitted of the proceedings of the Cudworth Ward Panel held on 26 th July, 2010 be received subject to:-

(a) the deletion from Minute No. 5.5 “Environmental Issues” of the words “Sunset Drive” and the substitution of the words “Somerset Street”;

COUNCIL 5 2nd September, 2010

(b) the deletion from Minute No. 5.6 “Environmental Issues” of the words “Neighbourhood Pride’s green budget” and the substitution of the words “recycled City Challenge resources”; and

(c) the deletion from Minute No. 9.5 “Allocation of Funding” of the words “quotes for the costs of fencing to be erected at the MUGA at West Green and for” and the substitution of the word “the”.

106. Rockingham Ward Panel

Moved by Councillor Andrews – Seconded by Councillor Houghton; and

RESOLVED that the minutes as printed and now submitted of the proceedings of the Rockingham Ward Panel held on 30 th July, 2010 be received.

107. Special Central Ward Panel

Moved by Councillor D Birkinshaw – Seconded by Councillor Stokes; and

RESOLVED that the minutes as printed and now submitted of the proceedings of the Special meeting of the Central Ward Panel held on the 3rd August, 2010 be received.

108. North East Ward Panel

Moved by Councillor North – Seconded by Councillor Higginbottom; and

RESOLVED that the minutes as printed and now submitted of the proceedings of the North East Ward Panel held on 5th August, 2010 be received.

109. Stairfoot Ward Panel

Moved by Councillor Mathers – Seconded by Councillor Dyson ; and

RESOLVED that the minutes as printed and now submitted of the proceedings of the Stairfoot Ward Panel held on 9th August, 2010 be received.

110. Hoyland Milton Ward Panel

Moved by Councillor Franklin – Seconded by Councillor Andrews; and

RESOLVED that the minutes as printed and now submitted of the proceedings of the Hoyland Milton Ward Panel held on 17 th August, 2010 be received.

111. Monk Bretton Ward Panel

Moved by Councillor Richardson – Seconded by Councillor Brown; and

RESOLVED that the minutes now submitted of the proceedings of the special meeting of the Monk Bretton Ward Panel held on 12 th July, 2010 and the minutes of the ordinary meeting held on 20th August, 2010 be received.

COUNCIL 6 2nd September, 2010

112. South East Area Partnership

Moved by Councillor Noble - Seconded by Councillor Sanderson; and

RESOLVED that the minutes as printed and now submitted of the proceedings of the South East Area Partnership Meeting held on 14 th July, 2010 be received subject to the addition of reference to Members requests for reports to be submitted to a future meeting on details relating to those “Not in Education, Employment or Training (NEET’s)” and on “pregnancy rates”.

113. North Area Partnership

Moved by Councillor Gaunt - Seconded by Councillor J Carr; and

RESOLVED that the minutes as printed and now submitted of the proceedings of the North Area Partnership Meeting held on 19th July, 2010 be received.

114. Health and Adult Services Scrutiny Commission

Moved by Councillor Hancock – Seconded by Councillor Barlow; and

RESOLVED that the minutes as printed and now submitted of the proceedings of the Health and Adult Services Scrutiny Commission held on 29 th July, 2010 be received.

115. Regeneration Scrutiny Commission

Moved by Councillor R. Wraith – Seconded by Councillor Webber; and

RESOLVED that the minutes as printed and now submitted of the proceedings of the Regeneration Scrutiny Commission held on 29 th July, 2010 be received.

116. Children’s Services Scrutiny Commission

Moved by Councillor Worton – Seconded by Councillor Noble; and

RESOLVED that the minutes as printed and now submitted of the proceedings of the Children’s Services Scrutiny Commission held on 2 nd August, 2010 be received.

117. Environment Scrutiny Commission

Moved by Councillor Hand-Davis – Seconded by Councillor Kyte; and

RESOLVED that the minutes as printed and now submitted of the proceedings of the Environment Scrutiny Commission held on 3 rd August, 2010 be received.

118. Housing and Community Safety Scrutiny Commission

Moved by Councillor Dyson – Seconded by Councillor Bruff; and

RESOLVED that the minutes as printed and now submitted of the proceedings of the Housing and Community Safety Scrutiny Commission held on 4th August, 2010 be received.

COUNCIL 7 2nd September, 2010

119. Special Housing and Community Safety Scrutiny Commission

Moved by Councillor Dyson – Seconded by Councillor Bruff: and

RESOLVED that the minutes as now submitted of the proceedings of the Special Housing and Community Safety Scrutiny Commission held on 20 th August, 2010 be received.

120. Planning Regulatory Board

Moved by Councillor Wilde – Seconded by Councillor Higginbottom; and

RESOLVED that the minutes as printed and now submitted of the proceedings of the Planning Regulatory Board held on 20 th July, 2010 be received.

121. Audit Committee

Moved by Councillor Hayward – Seconded by Councillor Parkinson; and

RESOLVED that the minutes as printed and now submitted of the proceedings of the Audit Committee held on 28 th July, 2010 be received.

122. General Licensing Regulatory Board

Moved by Councillor C. Wraith – Seconded by Councillor Wilson; and

RESOLVED that the details of the General Licensing Regulatory Board Panels held in the last cycle of meetings together with their decisions be received.

123. Statutory Licensing Regulatory Board

Moved by Councillor C. Wraith – Seconded by Councillor Wilson; and

RESOLVED that the details of the Statutory Licensing Regulatory Board Panels held in the last cycle of meetings together with their decisions be received.

124. Appeals and Awards Regulatory Board

Moved by Councillor Sanderson – Seconded by Councillor Bruff; and

RESOLVED that the details of the Appeals and Awards Regulatory Board Panels held in the last cycle of meetings together with their decisions be received.

125. Cabinet Recommendations to Council

(a) Unannounced Inspection of Children’s Social Care Contract, Referral and Assessment Arrangements

Moved by Councillor Burgess – Seconded by Councillor Morgan; and

RESOLVED that the following recommendations of the Cabinet meeting held on the 9th June, 2010 be approved and adopted:

COUNCIL 8 2nd September, 2010

(i) that the positive outcome of the unannounced inspection by Ofsted of contact, referral and assessment arrangements within Children’s Services that children were found to be safe in Barnsley and that there were no areas for priority action or of serious concern and placing Barnsley in the top 5 performing Authorities, as detailed in the report now submitted be welcomed;

(ii) that managers and team members of the Children’s Services involved be commended for the strengths and satisfactory practice identified by Ofsted.

(b) Appointment of Substitute Representative to Robin Hood Airport Consultative Committee

Moved by Councillor Richardson – Seconded by Councillor Stokes; and

RESOLVED that the following recommendations of the Cabinet meeting held on the 21 st July, 2010 be approved and adopted:

(i) that approval be given to the appointment of Councillor Hancock as the substitute representative to the Robin Hood Airport Consultative Committee;

(ii) that attendance by Members at the meetings of the above be confirmed as an approved duty.

(c) Council Nomination to the Berneslai Homes Board

Moved by Councillor Richardson – Seconded by Councillor Stokes; and

RESOLVED that the following recommendation of the Cabinet meeting held on the 21 st July, 2010 be approved and adopted:

That Councillor Price be appointed to the Berneslai Homes Board and that his attendance at Board meetings be confirmed as an approved duty.

126. Cabinet Minutes

Moved by Councillor Houghton – Seconded by Councillor Andrews; and

RESOLVED that the minutes as printed and now submitted of the Cabinet Meetings held on 26 th May, 9 th and 23 rd June, 2010 be received, with the exception of the following minutes which were approved on the dates specified:-

Minute No. Subject

Minute No. 25 Housing Revenue Account Reform – Council Housing: A Real Future Prospectus – approved by the Council meeting on 24 th June, 2010

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Minute No. 35 Equal Pay Update – approved by the Council meeting on 15 th July, 2010

127. Exclusion of the Public and Press

Moved by Councillor Houghton – Seconded by Councillor Andrews; and

RESOLVED that the public and press be excluded from the meeting during the consideration of the following item because of the likely disclosure of exempt information as defined by Paragraph 3 of Part 1, of Schedule 12A of the Local Government Act 1972, as amended.

128. Cabinet Recommendation to Council

(a) Former Lacewood Primary School, Station Road, Bolton on Dearne: The Council Acting in its Capacity as Trustee – Land Exchange with Carrfield Primary School, Bolton on Dearne to Transfer the Trust Status of the Site

Moved by Councillor D Birkinshaw – Seconded by Councillor Stokes; and

RESOLVED that the following recommendations of the Cabinet meeting held on the 18 th August, 2010 be approved and adopted:

That the Council as Trustee authorises the following:-

(i) that upon the recommendation of an independent surveyor acting on behalf of the Council as Trustee, the Borough Secretary be authorised to exchange the Trust land of the former Lacewood Primary School site with the Carrfield Primary School in Bolton on Dearne;

(ii) that the Borough Secretary on behalf of the Council as Trustee follow the statutory procedures under S.36 of the Charities Act 1993 relating to dispositions of Trust land and make such application to the Charity Commission as is necessary to authorise the transaction;

(iii) that the Borough Secretary be authorised on behalf of the Council as Trustee to effect the land exchange and convey the site of the former Lacewood School to the Council in its statutory capacity, free from trusts and without further consideration, as soon as Charity Commission consent is obtained;

(iv) that the Assistant Director, Strategic Housing, be authorised to arrange for the demolition of the buildings and clearance of the site, with the exception of the war memorial which will remain in situ.

……………………………………. Chairman