Agenda and minutes

To receive, as read, the Minutes of the proceedings of previous Council meetings, held on 29^th November 2022 and 25^th January 2023, and to confirm them or otherwise.

RESOLVED       That the minutes of the meetings of the Council held on 29^th November 2022 and 25^th January 2023 be confirmed and signed by the Chair.

To receive any declarations of interest.

Councillor Fewings declared a pecuniary interest in agenda items 5c and 5d [minute no 63 and 64] as the owner of a property on Lower St James’s Street and a other interest due to his husband’s association with Creative Spaces Burnley CIC. He would leave the meeting for the duration of these items and take no part in the discussion or voting thereon.

Councillor Fewings also declared a other prejudicial interest in agenda item 5i Capital Budget 2023/24 and Capital Investment Programme 2023/28 [included in minute no 65] due to his husband’s association with Creative Spaces Burnley CIC. As this item was to be taken en bloc with other 2023/24 budget items, agenda items 5e to 5k and Supplementary Agenda item 5p, he would be required to leave the room and take no part in the discussion or en bloc vote on those items.

Councillor Lewis declared a other, non-prejudicial interest in agenda item 5p of the Supplementary Agenda, Conservative Group Budget Amendments [included in minute no 65], due to his voluntary role as Event Director of Padiham Greenway junior park run. He was therefore permitted to remain in the meeting and take part in the discussion and en bloc vote.

Councillors Graham, Hussain, Kelly, G Lishman, M Lishman and Lord W Khan declared a other non-prejudical interest in the first Green Group amendment due to their involvement in the Citizens Advice Bureaux and/or Burnley, Pendle and Rossendale Council for Voluntary Services. They were permitted to remain in the meeting and take part in the discussion and the en bloc vote.

To receive communications (if any) from Her Worshipful the Mayor.

The Mayor took the opportunity to encourage members to attend the Mayor’s Ball on 15^th April 2023 in the James Hargreaves Suite at Burnley Football Club.

She also informed the meeting that plans were being made throughout the country to Ring for the King at the Coronation of King Charles III on 6 May 2023, in preparation for which the Central Council of Church Bell Ringers had initiated an appeal to recruit more ringers to enable them to be trained in time to participate.

To consider recommendations from the Independent Remuneration Panel.

Consideration was given to the findings of the Independent Remuneration Panel (IRP) in respect of a proposed percentage increase to the current Members’ Allowance Scheme (MAS) for the financial year 2022/23.

RESOLVED, THAT: an increase of 4.04% to the members’ basic allowance for the financial year 1^st April 2022-31^st March 2023 and the resulting increases to Special Responsibility Allowances as set out in Appendix 1 be approved.

To consider the Strategic Plan 2023.

With reference to minute 83 of the Executive (13^th February 2023), consideration was given to the Strategic Plan 2023.

RESOLVED: That the Strategic Plan 2023 be approved.

To consider the revenue budget monitoring Q3 2022/23.

Councillor Fewings left the room for the duration of this item.

With reference to minute 85 of the Executive (13^th February 2023), consideration was given to the outturn forecast position for the year as at 31^st March 2023 based upon actual spending, and income to 31^st December 2022.

RESOLVED, THAT:

1)    The latest revised net budget of £15.322m as shown in Table 1 be approved;

2)    The net transfers from earmarked reserves of £4.284m as shown in Appendix 2 be approved, and

3)    The requested carry forwards of £419k as shown in Appendix 3 be approved.

To consider the capital budget monitoring Q3 2022/23.

Councillor Fewings remained outside of the room for the duration of this item.

With reference to minute 86 of the Executive (13^th February 2023), consideration was given to an update on capital expenditure and the resources position, with any variances highlighted.

RESOLVED, THAT:

1)    Net budget changes totalling a decrease of £18,513,011 giving a revised capital budget for 2022/23 totalling £20,225,741 as detailed in Appendix 1 be approved, and

2)    The proposed financing of the revised capital budget totalling £20,225,741 as detailed in Appendix 1 be approved.

Councillor Fewings remained outside of the room for the duration of this item.

Consideration was given to the Medium Term Financial Strategy 2024/28, the Treasury Management Strategy 2023/24 and Prudential Treasury Indicators, the Council Tax Support Scheme 2023/24, the Revenue Budget 2023/24, the Capital Budget 2023/24 and Capital Investment Programme 2023/28, Revenue Budget Statutory Report by the Finance Officer and Council Tax 2023/24. Consideration was also given to the relevant minutes 87, 88, 89, 90 and 91 of the Executive (13^th February 2023).

It was moved by Councillor Graham and seconded by Councillor Anwar that the recommendations outlined in agenda items 5e to 5k and as set out in minutes 87 to 91 of the Executive (13^th February 2023) be approved.

The first of two amendments submitted in advance by the Conservative Group and published at pages 8 and 9 of the Supplementary Agenda Pack was moved by Councillor McGowan and seconded by Councillor Whitaker.

In accordance with Council Procedure Rule (CPR) 16.7 a recorded vote was taken on the first Conservative Group amendment and it was declared to be LOST.

The second of two amendments submitted in advance by the Conservative Group and published at pages 10 and 11 of the Supplementary Agenda Pack was moved by Councillor Hosker and seconded by Councillor Steel.

In accordance with Council Procedure Rule (CPR) 16.7 a recorded vote was taken on the second Conservative Group amendment and it was declared to be LOST.

Two amendments were submitted by the Green Group. As these had not been published or circulated in advance, and with the consent of members, the Mayor adjourned the meeting at 19:52 to allow all members to read and consider them.

The meeting reconvened at 20:00.

It was moved by Councillor Hurt and seconded by Councillor Launer that Full Council:

‘Remove £10,000 for Coronation celebrations.

Increase the grant to the CAB in 2023/24 by a one-off contribution of £10,000 and allocate officer time to help community organisations promote their crowdfunders for coronation celebrations.’ (Item 5h page 177 and 188), and

Ring-fence any savings identified from any vacant positions that arise from the CEO recruitment process and award the savings to Burnley Pendle and Rossendale Council for Voluntary Services for them to use to support organisations across the Borough that are helping people who are struggling with the cost of living crisis’.

In accordance with CPR 16.7 a recorded vote was taken on the first of two Green Group amendments and it was declared to be LOST.

It was moved by Councillor Cunliffe and seconded by Councillor Wight that Full Council:

‘Change the 2.99% Council Tax rise to 0% for 2023/24 only, the impact of the loss of Council Tax income over the 5-year Medium Term Financial Strategy period to be funded from reserves over the next 5 years at a cost of £1.21m.’ (Item 5h page 178).

In accordance with CPR 16.7 a recorded vote was taken on the second of the Green Group amendments and it was  ...  view the full minutes text for item 65.

To consider a report on the annual Pay Policy Statement.

Councillor Fewings returned to the meeting.

With reference to minute 84 of the Executive (13^th February 2023) consideration was given to the Council’s Pay Policy Statement 2023/24 which was required to be published prior to the end of March each year.

RESOLVED, THAT: The Pay Policy Statement 2023/24 be approved and published on the Council’s website subject to the following amendment to lines three and four of paragraph 35: ‘(from April 2020 2023 this increases to 19.4%).

To consider a report on the review of the Code of Conduct for Members.

With reference to minute 35 of the Audit and Standards Committee (26^th January 2023), consideration was given to the review of the Borough Council’s existing Code of Conduct for Members and associated Complaints Procedure following the publication of the Local Government Ethical Standards report produced by the Committee on Standards in Public Life (CSPL) and the Local Government Association’s (LGA) Model Code of Conduct (LGA’s Model Code).

RESOLVED, THAT: the proposed changes to the Council’s existing Code and associated Complaints Procedure, as set out in Appendix B in response to the Best Practice recommendations contained in the Local Government Ethical Standards report produced by the CSPL as abstracted in the LGA’s Model Code, be made.

To consider a report detailing Urgent Decisions, Call-In Waivers, Amendments to the Constitution and Appointments to Committees.

Consideration was given to a report containing constitutional amendments, appointments to committees and reporting.

RESOLVED, THAT:

1)    Call-in waivers relating to the urgent Executive Reports and Urgent Chief Executive Decision be noted;

2)    The addition to the Constitution Part 3 Scheme of Delegation approved by the Leader on 17^th January 2023, granting a delegation to the Chief Operating Officer to exercise delegations granted to Heads of Service in their absence, be noted;

3)    The changes to the Financial Procedure Rules and Standing Orders for Contracts be approved;

4)    The Council’s updated Procurement Strategy 2023-28 be approved;

5)    The updated Part 3 Scheme of Delegation (Council Functions) and Proper Officer List be approved, and

6)    The appointment of Cllr Mark Payne to the Scrutiny Committee be approved.

To consider a report on the new grounds for disqualification from being elected to, or being a member of, a local authority.

With reference to minute 36 of the Audit and Standards Committee (26^th January 2023), consideration was given to a report on the new grounds for disqualification from being elected to, or being a member of, a local authority that had been introduced by the Local Government (Disqualification) Act 2022.

RESOLVED, THAT: the Monitoring Officer be requested to forward a copy of the report to Parish and Town Councils in the borough for information along with a recommendation that the report be considered and noted at their next Parish and Town Council meetings.