Agenda and draft minutes

Council - Wednesday, 25th November, 2020 7.00 pm

Venue: Bury Town Hall

Contact: Julie Gallagher  Democratic Services

Items
No. Item

C. 349

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:

The following declarations of interest were made at the meeting in relationto items on the agenda:

 

1. Councillor Quinn declared a personal interest in all matters under consideration as his son and daughter work for the NHS, CAB and he is a member of the Trade Union, Unite.

       

2. Councillor Simpson declared a personal interest in all matters under consideration as an NHS employee.

 

3. Councillor S. Wright declared a personal interest all matters under consideration as his wife works for a school in the Borough.

 

4. Councillor Leach declared a personal interest in all matters under consideration as an NHS employee.

 

5. Councillor Tariq declared a personal interest in all matters under consideration as he is an employee of Healthwatch and a Member of Unite the Union.

 

6. Councillor Y Wright declared a personal interest in the item relating to GMSF as she is a member of Bury Folk.

 

7. Councillor I Gartside declared a personal interest in the item relating to GMSF as he is a member of Bury Folk.

 

8. Councillor Gold declared a personal interest in any item relating to business grants as he is the sole company director and also has a part time business. Neither of which qualify for support.

 

9. Councillor Cathcart declared a personal interest in all matters under consideration as a member of Unite the Union.

 

10. Councillor McGill declared a personal interest in all matters under consideration as a member of Unite the Union.

 

11. Councillor L Smith declared a personal interest in all matters under consideration as her partner is employed by the NHS.

 

C. 350

Minutes of Previous Meeting pdf icon PDF 173 KB

The Minutes of the last Meeting held on 9 September 2020 are attached.

Minutes:

        RESOLVED:

 

        That the Minutes of the Meeting of Council held on 9 September 2020 be signed by the Mayor as a true and correct record.

 

C. 351

MAYORAL COMMUNICATIONS AND ANNOUNCEMENTS

To receive communications from the Mayor and any announcements by the Leader of the Council or the Chief Executive on matters of interest to the Council.

Minutes:

The Worshipful the Mayor reported that two of the Towns’ residents had been awarded honours in the Queens’ Birthday Honours list;

 

Peter John Harding from Whitefield awarded an MBE for services in his role as a Team Member at TalkTalk to Critical National Infrastructure during the Covid 19 response;

 

Vajid Mahmood from Bury awarded an MBE for services to the NHS during Covid 19 as PPM Strategy and Implementation Lead at NHS England and NHS Improvement.

 

The Mayor reported that the 4 December 2020 is Dementia Awareness Day organised by the Alzheimer’s Society which is better known as ‘Elf Day’. Officers from the Older Adults Staying Well Team will be walking from Ramsbottom to Prestwich to raise awareness and funds.

 

The Mayor expressed his honour in laying a wreath at both Bury and Prestwich Cenotaphs and thanked those Councillors and other organisations that laid their own wreaths as a mark of respect for the fallen.

 

The Mayor advised that item 8 on the agenda relating to GMSF would not be moved by the Leader at this meeting.

C. 352

PUBLIC QUESTION TIME pdf icon PDF 182 KB

To answer questions from members of the public, notice of which has been given, on any matter relevant to the Council or its services to the community. Up to 30 minutes will be set aside for this purpose. If time permits, further questions will be invited from members of the public present.

Minutes:

Notice had been received of the following 26 questions:

 

No.

Issue

Questioner

Answered By

1.

GMSF

Ms H Lees

Councillor E O’Brien

2.

GMSF

Mr P Rochford

Councillor E O’Brien

3.

GMSF

Ms L Holland

Councillor E O’Brien

4.

GMSF

Mr A Gildea

Councillor E O’Brien

5.

GMSF

Mr A Cross

Councillor E O’Brien

6.

GMSF

Mr M Williams

Councillor E O’Brien

7.

GMSF

Ms R Fallon

Councillor E O’Brien

8.

GMSF

Ms C Birchmore

Councillor E O’Brien

9.

GMSF

Mr G Staple-Jones

Councillor E O’Brien

10.

GMSF

Mr S Cluer

Councillor E O’Brien

11.

GMSF

Ms J Sheppard

Councillor E O’Brien

12.

GMSF

Mr C Smith

Councillor E O’Brien

13.

GMSF

Mr C Heaton

Councillor E O’Brien

14

GMSF

Mr A Drury

Councillor E O’Brien

15.

GMSF

Ms B Wilkinson

Councillor E O’Brien

16.

GMSF

Ms K Cameron

Councillor E O’Brien

17.

GMSF

Mr G Booth

Councillor E O’Brien

18.

GMSF

Ms L Swyers

Councillor E O’Brien

19.

GMSF

Ms C Bowdler

Councillor E O’Brien

20.

GMSF

Ms J Darbyshire

Councillor E O’Brien

21.

GMSF

Ms A Daisley

Councillor E O’Brien

22.

GMSF

Mr P Cooke

Councillor E O’Brien

23.

GMSF

Ms J Duckworth

Councillor E O’Brien

24.

GMSF

Ms M Holder

Councillor E O’Brien

25.

GMSF

Ms J Holt

Councillor E O’Brien

26.

GMSF

Ms M Walsh

Councillor E O’Brien

 

C. 353

Boundary Commission Review pdf icon PDF 302 KB

A report from Councillor Eamonn O’Brien Leader of the Council and Cabinet Member for Finance and Growth and Councillor Tahir Rafiq, Cabinet Member for Corporate Resources and HR is attached.

 

Additional documents:

Minutes:

It was moved by Councillor O’Brien and seconded by Councillor Tariq and it was:-

 

RESOLVED:

That the Council’s response, as part of the preliminary period reviewing the number of councillors, to the Local Government Boundary Commission for England as set out in Appendix 1 be agreed;

That authority be delegated to the Deputy Chief Executive to submit the response to the Local Government Boundary Commission for England, making any minor amendments as required for submission.

 

C. 354

Bury Constitution and Member Development Strategy pdf icon PDF 378 KB

A report from Councillor Tahir Rafiq, Cabinet Member, Corporate Affairs and HR is attached.

 

ANNEXES

1.      ContentsV6 and Part 1 - Introduction to the Constitution V5 – Document Pack page 37

2.      Part 2 - Articles V13 – Document Pack page 43

3.      Part 3 Section 1 V5 – Document Pack page 69

4.      Part 3 (Sections 3 , 4 and 5) Responsibility for Committee Functions V13, Cabinet Functions V7 ; and Scrutiny Functions V4 including a new Employment Panel, Licensing Hearings Sub-Committee; Safeguarding Scrutiny Sub-Committee ; - Document Pack page 77

5.      Part 3 – Officer Scheme of Delegation V5 – Document Pack page 99

6.      Part 4 – Council Procedure Rules ( Standing Orders ) V12 – Document Pack page 103

7.      Part 4 – Cabinet Procedure Rules V6 – Document Pack page 125

8.      Part 4 – Scrutiny Procedure Rules V7 – Document Pack page 131

9.      Part 5 – Public Participation Protocol V5 – Document Pack page 145

10.    Part 8 - Covid-19 Interim Arrangements V3 – Document Pack page 153

11.    Member Development Strategy 2020/22.V1 Final – Document Pack page 159.

 

 

Equality   Impact Assessment V 2 – Document pack page 165

 

Additional documents:

Minutes:

It was moved by Councillor Rafiq and seconded by Councillor O’Brien and it was:-

 

RESOLVED:

 

That: Council notes the:

1.    Work of the Democratic Arrangements Forum in reviewing the Constitution and proposing revisions in line with the Technical Review to ensure legal compliance; 

2.    Member Survey results set out at section 4 of this report;

3.    Work of the Member Development Group in recommending a new Member Development Strategy.

4.    Work to update Financial Regulations and Contract Procedure Rules and Council to agree to delegate authority to agree future revisions to the Audit Committee.

5.    New Part 3 Section 6 – Additional Arrangements which sets out the role of the DAF and the Independent Remuneration Panel.

6.    New Part 7 – Cabinet Portfolios, membership of committees and the Council’s Management Structure which will be a useful guide to who does what.

That: Council agrees to adopt the:

7.    Contents and Part 1 - Introduction to the Constitution at Annex 1;

8.    Revised Part 2 - Articles at  Annex 2;

9.    Revised Part 3 Section 1 Council Functions at Annex 3 and the Local Choice   Functions described at paragraph 12.1 of this report;

10.Revised Part 3 (Sections 3, 4 and 5) Responsibility for Committee, Cabinet and Scrutiny Functions at Annex 4 including a new definition of key decision; a new Employment Panel, Licensing Hearings Sub-Committee and Safeguarding Scrutiny Sub-Committee.

11.Proposal that Committees comprise 9 (Audit and Standards) or 11 members.                                               

12.Revised Part 3 - Officer Scheme of Delegation at Annex 5;

13.Revised Part 4 - Council Procedure Rules ( Standing Orders ) at Annex 6;

14.Revised Part 4 - Cabinet Procedure Rules at Annex 7;

15.Revised Part 4 - Scrutiny Procedure Rules at Annex 8;

16.New Part 5 - Public Guidance Protocol at Annex 9;

17.Covid-19 Interim Arrangements at Annex 10;

18.Member Development Strategy 2020/23 set out at Annex 11 ;

That Council agrees to :

19.Implement the proposed changes to the Constitution in two phases with Parts 1,2 4,5 and 7 coming in to force on 1 January 2021 and changes to Part 3 – Responsibility for Functions ( Committee Terms of Reference ) save for new  Audit Committee terms of reference , coming into force at the annual council meeting in May 2021.

20.Authorise the Interim Monitoring Officer to publish a final version of the Constitution (removing track changes, correct numbering, editing or formatting errors) and including the minor updates to Part 3: Council and Local Functions described at paragraph 12.1 and the Access to Information Rules described in paragraphs 13.6 and 13.9, with a version history, Glossary and Index. 

21.Request a DAF review of the Overview and Scrutiny function in early 2021 to ensure better alignment with corporate priorities and partnership arrangements.

 

C. 355

RECOMMENDATIONS OF CABINET AND COUNCIL COMMITTEES pdf icon PDF 271 KB

Additional documents:

Minutes:

Meeting of Licensing and Safety Panel 15 October 2020 – Review of the Statement of Licensing Policy

 

It was moved by Councillor Walmsley and it was seconded by Councillor O’Brien and it was;

 

RESOLVED:

 

That Council agree to adopt the Licensing Policy as outlined in the report

 

Meeting of Cabinet – October 2020 – Corporate Plan

 

It was moved by Councillor Rafiq and it was seconded by Councillor O’Brien and it was;

 

RESOLVED:

 

That Council agree to adopt the Corporate Plan as outlined in the report.

C. 356

GMSF pdf icon PDF 476 KB

A report and supporting documentation from the Leader of the Council, Councillor O’Brien, is attached.

Appendix 1 – Index of Documents

Appendix 2A. GM1.1 Heywood Pilsworth Topic Paper October 2020

Appendix 2B. GM1.2 Simister Bowlee Topic Paper October 2020

Appendix 2C. GM7 Elton Reservoir Topic Paper October 2020

Appendix 2D. GM 9 Walshaw Topic Paper October 2020

Appendix 2E. GM8 Seedfield Topic Paper October 2020

Appendix 3. Treatment of UDP Policies

Appendix 4. Equality Analysis Form

 

All documents can be found under the respective headings at:

 

https://www.greatermanchester-ca.gov.uk/what-we-do/housing/gmsf2020/supporting-documents/

 

 

 

Additional documents:

Minutes:

Not moved

C. 357

JOINT AUTHORITIES - REPORT BY THE COUNCIL'S REPRESENTATIVE AND QUESTIONS pdf icon PDF 231 KB

(A)        A report from the Council’s representative on the work of TfGM, Councillor Gold

(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

Minutes:

(a)        The Council received a report from Councillor Gold on the work of TFGM.

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

 

NO

ISSUE

QUESTIONER

ANSWERED BY

1

Wi-fi provision on the Metrolink

Cllr Powell

Cllr Gold

2

Suspension of the no 90 Bus

Cllr S Wright

Cllr Gold

3

Effect of lockdown restrictions on recycling and waste disposal rates

Cllr Tegolo

Cllr Quinn

 

C. 358

UPDATE ON COMBINED AUTHORITY ACTIVITY pdf icon PDF 382 KB

A report from the Leader of the Council, Councillor O’Brien is attached.

Minutes:

The Council received a report from Councillor O’Brien providing details of the work of the Combined Authority. 

C. 359

REPORT ON SPECIAL URGENCY pdf icon PDF 450 KB

A report from the Leader of the Council, Councillor O’Brien is attached

Minutes:

The Council received a report providing details of decisions made using the Council’s Constitutional urgency provisions.

C. 360

DELEGATED DECISIONS OF THE COUNCIL COMMITTEES

Questions on the delegated decisions made by the Regulatory Committees and Scrutiny Committees contained in the Digest of Decision ** published  since the last ordinary meeting of the Council, providing four clear working days’ notices has been given of the question.

 

Members are asked to bring to the meeting their copy of Digest **

Minutes:

No questions were asked on the delegated decisions made by the Regulatory Committees and Scrutiny Committees published since the last ordinary meeting of the Council.

 

C. 361

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:

No questions were asked on the work of Outside Bodies or Partnerships since the last ordinary meeting of the Council.

 

C. 362

LEADER' STATEMENT AND CABINET QUESTION TIME pdf icon PDF 292 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.

 

Questions and answers attached

Minutes:

(a)        Written questions (Notice given)

 

The Leader of the Council, Councillor O’Brien made a statement on the work undertaken by him since the date of the last Council meeting.

 

The Leader and the relevant Cabinet Members answered questions raised by Councillors on the following issues:

 

NO

ISSUE

QUESTIONER

ANSWERED BY

1

Ramsbottom Town Plan

Cllr Gold

Cllr O’Brien

2

Pop up cycle lane in Prestwich

Cllr S Wright

Cllr L Smith

3

Radcliffe Strategic Regeneration Framework

Cllr Cathcart

Cllr O’Brien

4

Residents’ parking schemes

Cllr Powell

Cllr L Smith

5

Brownfield First

Cllr Hayes

Cllr O’Brien

7

Business grants

Cllr Walmsley

Cllr Black

8

School closures since September

Cllr Powell

Cllr Tariq

9

Support for Rough Sleepers

Cllr McGill

Cllr Cummins

10

Greenbelt loss relating to GMSF

Cllr S Wright

Cllr O’Brien

 

Due to the lack of time to answer questions 6, and 11 to 14 inclusive, the Leader gave an undertaking that copies of those questions and responses will be available on the Council Web Site.

 

(b)        Verbal questions

 

NO

ISSUE

QUESTIONER

ANSWERED BY

1

High School in Radcliffe

Cllr Cathcart

Cllr Tariq

2

Effect of Council budget savings on front line service provision

Cllr Powell

Cllr O’Brien

3

Thanks for Young Peoples’ support during pandemic

Cllr Holt

Cllr O’Brien

4

Vacant commercial units across the Borough

Cllr Y Wright

Cllr E O’Brien

5

Implications of Covid on Council Tax Bills

Cllr Morris

Cllr O’Brien

7

Closure of the Borough’s Civic Suites

Cllr S Wright

Cllr O’Brien

8

Additional Restrictions Grant for small businesses

Cllr Vernon

Cllr O’Brien