Agenda and minutes

Venue: Burnley Town Hall

Contact: Eric Dickinson  Democracy Officer

Items
No. Item

55.

Minutes pdf icon PDF 82 KB

To approve as a correct record the Minutes of the meeting held on 17th January  2017

Minutes:

The Minutes of the last meeting held on the 17th January 2018 were agreed as a correct record and signed by the Chair.

56.

Additional Items of Business and Order of the Agenda

To determine whether there are any additional items of business which, by reason of special circumstances, the Chair decides should be considered at the meeting as a matter of urgency.

 

Minutes:

Purpose         To note the Executive Portfolios amended by the Leader on 29th January 2018, as Item 6a.

 

                     To approve a revised Organisation Review Report, including Appendix 4, to replace Item 24 as Item 24a.

 

 

Reason For

Decision       To meet constitutional requirements for reporting of changes to the Executive Portfolios by the Leader.

 

                        To approve a revised Organisation Review report including Appendix 4.

 

Decision        In accordance with the provisions of Section 100 (B)(4) (b) of the Local Government Act 1972 the Chair decided that the item  regarding Executive Portfolios should be taken as item 6a, and that a revised Organisation Review report including Appendix 4 should be taken as Item 24a on the agenda, in view of the special circumstances outlined.

 

57.

Declaration of Interest

In accordance with the Regulations, Members are required to declare any personal or personal and prejudicial interests they may have and the nature of those interests in respect of items on this agenda and/or indicate if S106 of the Local Government Finance Act 1992 applies to them.

 

Minutes:

Councillor Sue Graham declared an Other Interest (Prejudicial) in Item 20 on the Agenda relating to the Prairie Development.

58.

Executive Portfolios pdf icon PDF 108 KB

To note the updated Executive Portfolios which were amended by the Leader on 29th January 2017 following the recent resignation of Cllr Mohammed Ishtiaq from the Executive.

Minutes:

Purpose

To note that the updated Executive Portfolios  were amended by the Leader on 29th January 2018 following the recent resignation of Cllr Mohammed Ishtiaq from the Executive.

 

Reason for Decision

To comply with the Council’s constitutional requirements.

 

 

Decision

That the updated Executive Portfolios which were amended by the Leader on 29th January 2018, following the recent resignation of Cllr Mohammed Ishtiaq from the Executive, be noted.

 

59.

Revenue Budget Monitoring Q3 2017-18 pdf icon PDF 111 KB

To consider a report on Revenue Budget Monitoring Q3 2017-18 (report enclosed)

Additional documents:

Minutes:

Purpose

To report the forecast outturn position for the year as at 31 March 2018 based upon actual spending and income to 31 December 2017.

 

Reason for Decision

To give consideration to the level of revenue spending and income in 2017/18 as part of the effective governance of the Council and to ensure that appropriate management action is taken to ensure a balanced financial position.

 

Decision

(1)  That the projected revenue budget forecast underspend of £98k (see the overview table in paragraph 6) be noted;

 

(2)  That Full Council be recommended to approve;

 

(a)  The latest revised budget of £14.596m as shown in Appendix 1;

 

(b)  The net transfers to earmarked reserves of £427k as shown in Appendix 4; and

 

(c ) The carry forward of forecast unspent budgets as requested by Heads of Service in Appendix 5. These amounts totalling £216k to be transferred into the transformation reserve and transferred back out to create additional revenue budgets in 2018/19 or when required.

 

60.

Medium Term Financial Strategy 2018-19 to 2021-22 Incorporating the Reserves Strategy pdf icon PDF 93 KB

To consider a report on the Medium Term Financial Strategy 2018-19 to 2021-22 Incorporating the Reserves Strategy (report enclosed)

Additional documents:

Minutes:

Purpose

To consider the longer term financial outlook within the context of a Medium-Term Financial Strategy covering the financial years 2019/20 to 2021/22, highlighting uncertainties, underlying risks and make recommendations to Council.  The MediumTerm Financial Strategy should be read in conjunction with the revenue budget 2018/19 and the associated statutory report of the Chief Finance Officer.

 

Reason for Decision

Professional accounting practice recommends that a medium term financial strategy is in place to ensure that resources are aligned to strategic intent and business objectives.  It also provides a firm and robust basis on which to prepare the annual budget.  Given the current financial climate, the need for consideration of the medium term financial position is pertinent to ensuring sustainable service delivery and for the Council to remain viable as a going concern

 

Decision

That Full Council be recommended the following;

 

(1)  Approval of the latest Medium-Term Financial Strategy;

 

(2)  Approval of the Reserves Strategy, as appended to the Medium-Term Financial Strategy; and

 

(3)   Note that a refreshed document will be provided regularly when required as an aid to monitoring the continued delivery of an annually balanced budget.

 

61.

Revenue Budget 2018-19 pdf icon PDF 131 KB

To consider a report on the Revenue Budget 2018-19 (report enclosed)

Additional documents:

Minutes:

Purpose

To consider the estimates of revenue income and expenditure for 2018/19 and to make recommendations to Full Council about next year’s Revenue Budge

 

Reason for Decision

To fulfil the Council’s statutory obligation to calculate its Council Tax requirement as set out in Section 31A of the Local Government Act 1992 (as amended by section 74 of the Localism Act 2011).

 

To set a balanced budget for the financial year 2018/19 that ensures the viability of the Council and aligns resources to the Council’s strategic priorities.

 

Decision

That Full Council be recommended to:

 

(1)   Endorse the approach that has been adopted in developing budget proposals that reflect the Council’s Strategic Objectives for 2018/19;

 

(2)  Approve the proposals contained in this report;

 

(3)   Set a Council Tax Requirement of £6,738,897 for the financial year 2018/19;

 

(4)   Set a Net Budget Requirement of £15,089,625 for 2018/19;

 

(5)   Receive and consider the statutory report issued by the Head of Finance under the Local Government Act, 2003;

 

(6)   Authorise the Chief Operating Officer/Heads of Service to progress action plans to deliver the 2018/19 budget;and

 

(7)   Approve a Council Tax (Band D) figure of £291.50 for this Council for the year commencing 1st April 2018 and adopt the statutory resolution to set the full Council Tax for the year. This is equivalent to a 2.99% Council tax increase.

 

62.

Treasury Management Strategy 2018-19 and 2018-21 Prudential and Treasury Indicators pdf icon PDF 120 KB

To consider a report on the Treasury Management Strategy 2018-19 and 2018-21 Prudential and Treasury Indicators (report enclosed)

Additional documents:

Minutes:

Purpose

To comply with the amended Chartered Institute of Public Finance and Accountancy’s (CIPFA) Code of Practice on Treasury Management 2011.

 

To outline a treasury management strategy statement for the financial year 2018/19.

 

To set out prudential indicators for the financial years 2018/21 in line with the CIPFA’s Prudential Code 2013.

 

To seek approval for the Council’s Minimum Revenue Provision (MRP) Policy Statement for the financial year 2018/19 in accordance with Government regulations

 

Reason for Decision

To provide the proper basis required by current Government regulations and guidance to make charges for debt repayment (MRP) to the Council’s revenue account. 

 

To fulfil statutory and regulatory requirements and to provide a clear framework for local authority capital finance and treasury management.

 

Decision

That Full Council be recommended  approval of ;

 

(1)  The treasury management strategy statement for 2018/19 as set out in Appendix 1;

 

(2)  The prudential and treasury indicators for 2018/19 to 2020/21 per Appendix 2 including the authorised limit for external debt of £33.817m in 2018/19;

 

(3)   The list of Counterparties for Deposits outlined within Appendix 3; and

 

(4)   The Council’s MRP Statement for 2018/19 as set out in Appendix 4 of this report.

 

63.

Capital Budget Monitoring Q3 2017-18 pdf icon PDF 106 KB

To consider a report on Capital Budget Monitoring Q3 2017-18 (report enclosed)

Additional documents:

Minutes:

Purpose

To provide Members with an update on capital expenditure and resources position along with highlighting any variances.

 

Reason for Decision

To effectively manage the 2017/18 capital programme.

 

 

 

Decision

(1)  That Full Council be recommended approval of the net budget changes totalling a reduction of £3,930,713 giving a revised capital budget for 2017/18 totalling £11,417,995 as detailed in Appendix 1;

 

(2)   That Full Council be recommended approval of the proposed financing of the revised capital budget totalling£11,417,995 as shown in Appendix 2; and

 

(3)  That the latest estimated year end position on capital receipts and contributions showing an assumed balance of £3,088,221 at 31st March 2018, in Appendix 3, be noted.

 

64.

Capital Budget 2018-19 and Capital Investment Programme 2018-21 pdf icon PDF 104 KB

To consider a report on Capital Budget 2018-19 and Capital Investment Programme 2018-21 (report enclosed)

Additional documents:

Minutes:

Purpose

To recommend approval of the capital budget for 2018/19

 

Reason for Decision

To establish a capital budget that reflects the Council’s overall priorities and provides a framework for capital spending to be undertaken during 2018/1

 

Decision

(1)  That Full Council be recommended to;

 

(a)  Approve the 2018/19 Capital Budget, totalling £10,140,512, as set out in Appendix 1;

 

(b)  Note the 2018-21 Capital Investment Programme as also set out in Appendix 1;

 

 (c ) Note the estimated position on capital  resources as set out in Appendix 2;

 

(d)  Discuss the Priority of Schemes/Resources within the 2018-21 Capital Investment Programme;

 

(2)   That subject to 1(a) above the release of capital scheme budgets be approved including slippage from 2017/18, subject to compliance with the Financial Procedure Rules and that there will be full compliance with Standing Orders for Contracts; and

 

(3)  That David Donlan, Accountancy Division Manager in Finance, be thanked for the work he has done for the Council.

 

65.

Strategic Plan 2018-21 pdf icon PDF 97 KB

To consider a report on the Strategic Plan 2018-21 (report enclosed)

Additional documents:

Minutes:

Purpose

To seek Executive endorsement of the Strategic Plan (Appendix 1).

 

Reason for Decision

The Strategic Plan sets out a clear vision for the future at a time of challenging budget decisions: one that is evidence based, shared by all Units of the Council, and is in tune with the aspirations of local people.

 

Decision

That the Strategic Plan be recommended to Full Council, subject to the references in Appendix 1 to the Executive Member for Community Services and the Executive Member for Leisure and Culture being amended to the Executive Member for Community and Leisure Services.

 

66.

Empty Homes Programme pdf icon PDF 118 KB

To consider a report on the Empty Homes Programme (report enclosed)

Minutes:

Purpose

To invite Members to consider the option of adding additional resources to the empty homes programme to increase project outputs.

 

Reason for Decision

To introduce additional resources into the empty homes programme to increase project outputs.

 

Decision

That the appointment of an Empty Homes Project Assistant be approved.

 

67.

Housing Needs Officer pdf icon PDF 110 KB

To consider a report on  a Housing Needs Officer (report enclosed)

Minutes:

Purpose

To consider the introduction of an extra officer in the Housing Needs Team to respond to the implementation of the Homeless Reduction Act 2017 (HRA)

 

 

Reason for Decision

To ensure that the Council dedicate sufficient resources to the Housing Needs Team to effectively implement and fulfil the new duties introduction by the HRA.

 

Decision

That the appointment of an additional Housing Needs Officer over the three years 2018/19 – 2020/21 be approved.

 

68.

Food (Official Controls) Delivery Plan Reviewed 2017-18 pdf icon PDF 115 KB

To consider a report on a Food (Official Controls) Delivery Plan Reviewed 2017-18 (report enclosed)

Additional documents:

Minutes:

Purpose

In order to meet statutory requirements the Council’s Environmental Health and Licensing Team is responsible for Food Safety enforcement and must have in place approved plans. In line with the Constitution, approval of the Food (Official Controls) Delivery Plan will be sought from Full Council.

 

Reason for Decision

To formally review past performance and agree a framework for the future delivery of effective, risk based, proportionate and consistent food safety services

 

Decision

That Full Council be recommended to approve the Food (Official Controls) Delivery Plan

(reviewed 2017/2018)

 

69.

Health and Safety Intervention Plan Reviewed 2017-18 pdf icon PDF 105 KB

To consider a report on a Health and Safety Intervention Plan Reviewed 2017-18 (report enclosed)

Additional documents:

Minutes:

Purpose

The regulatory team responsible for Health & Safety at Work enforcement must have in   in place an intervention plan to meet the requirements of statutory guidance. This report formally consults the Committee on the plans prior to their approval at Full Council.

 

Reason for Decision

Section 18 of the Health & Safety at Work Act 1974 and the subsequent National Local Authority Enforcement Code for Health and Safety (The Code) provide frameworks within which the Environmental Health & Licensing Team must operate when carrying out its public protection duties within workplaces. The frameworks require the Council to have plans in place to control these activities, and mechanisms for review. The intervention plan appended to this report has been prepared to satisfy the statutory requirements.

 

 

Decision

That Full Council be recommended to approve the Health and Safety Intervention Plan (reviewed 2017/2018), detailed at Appendix 1 to this report.

 

70.

Rural Strategy pdf icon PDF 86 KB

To consider a report on the Rural Strategy (report enclosed)

Minutes:

Purpose

To update the Executive on the work of the rural strategy group and to recommend that the Council joins Pennine Prospects.

 

Reason for Decision

As a member of Pennine Prospects, the Council will have further opportunity to promote the borough’s image and rural visitor economy. It will also give the Council access to more external funding opportunities and rural development expertise.

 

Decision

That the Council join Pennine Prospects.

 

Rob Dobson left the room after this item and did not take part in any further items.

71.

Exclusion of the Public

To determine during which items, if any, the public are to be excluded from the meeting and to consider the exclusion of the public from the meeting before discussion takes place on the following items of business on the grounds that in view of the nature of the business to be transacted if the public were present there would be a disclosure to them of exempt information within the meaning of Part VA of the Local Government Act 1972.

 

Minutes:

Purpose

To consider when it may be relevant to exclude the public from the meeting, and clarify the order of the agenda

 

 

Reason for Decision

Minute Numbers 72,73,74, and 75 contain exempt information relating to the financial or business affairs of any particular person (including the authority holding that information).

 

Minute number 76 contains information relating to any consultation or negotiations, or contemplated negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holder under, the authority.

 

 

Decision

That the public be excluded from the meeting before discussion takes place on the items relating to Minutes 72,73,74,75, and 76 since in view of the nature of the business to be transacted, if the public were present there would be a disclosure to them of exempt information within the meaning of Part VA of the Local Government Act 1972.

 

 

 

 

 

72.

Prairie Development

To consider a report on the Prairie Development (report enclosed)

Minutes:

Councillor Sue Graham left the room and did not take part in this Item.

 

Purpose

To seek the Executive’s approval for the development of a second artificial grass pitch at Prairie Sports Village and approval to submit funding applications and authority to procure the scheme if successful.

 

Reason for Decision

The development of an additional artificial grass pitch (AGP) will help meet the growing demand from local football clubs and leagues and the additional income generated will strengthen Burnley Leisure’s financial position

 

 

Decision

(1)  That the development of a second artificial grass pitch at Prairie Sports village for which planning consent will be sought be approved;

 

(2)  That the submission of a grant application to the Football Foundation for the sum outlined in paragraph 7 be approved, and if successful, delegate the Head of Green Spaces & Amenities and relevant Executive Member to accept the grant; and

 

(3)  That the Head of Green Spaces and Amenities be authorised to procure the construction of the Artificial Grass Pitch through a framework agreement that is operated by the Football Foundation.

 

73.

Worsthorne Recreation Ground

To consider a report on the Worsthorne Recreation Ground (report enclosed)

Minutes:

Purpose

To advise the Executive of proposals to improve Worsthorne Recreation Ground and approve the submission of a funding application for £100,000 to Football Foundation and authority to procure the scheme if successful.

 

Reason for Decision

The improvement of Worsthorne Recreation ground will provide improved recreational facilities for residents of Worsthorne and provide improved football pitches and changing rooms for Fulledge Colts Junior Football Club.

 

Decision

(1)   That the submission of a grant application of £100K to the Football Foundation be approved; and

 

(2)  That the Head of Green Spaces and Amenities be authorised to procure the pitch improvement works subject to grant funding approval.

 

74.

Environmental Enforcement

To consider a report on Environmental Enforcement (report enclosed)

Minutes:

Purpose

To seek approval to undertake the procurement of the Council’s environmental enforcement service for the borough.

 

Reason for Decision

To enable the Council to appoint a suitable provider in accordance and compliance with the Public Contract Regulations 2015 / EU Public procurement Directives (OJEU).

 

To enable the Council to continue to deliver its ‘Clean Burnley’ strategic priorities.

 

To enable the Council to provide robust enforcement to challenge and change behaviours where these persist, regarding; littering, dog fouling and public space protection order

 

 To enable the Council to maintain the cleanliness and enforcement across the whole of the borough.

 

Decision

(1)  That the commencement of an OJEU compliant tender exercise to appoint a suitable provider to deliver an effective environmental enforcement service, on behalf of the Council, be approved;

 

(2)  That delegated authority be given to the Head of Streetscene in consultation with the Chief Operating Officer and Executive Member for Community and Leisure Services (as amended from the Head of Community Services), to accept the most economically advantageous tender to provide this service;

 

(3)  That a proposed Contract Term of 3 years with an option to renew for 2 years be approved; and

 

(4)  That the extension of the existing pilot and provider to ensure continuity of service to coincide with any Contract Procurement Award be approved.

 

75.

Sale of Land at Westview/Thompson Street

To consider a report on the Sale of Land at Westview/Thompson Street (report enclosed)

Minutes:

 

 

 

Decision

That this item be withdrawn.

 

Paul Gatrell and Simon Goff left the room after this item and did not take part in any further items.

76.

Organisation Review

To consider an amended Organisation Review report regarding Recommendation 2 (o), including Appendix 4 relating to Executive delegations (report enclosed)

Minutes:

 

 

 

 

 

 

Purpose

To seek approval to implement a revised structure as part of the Council’s need to reshape itself to meet future challenges, in the context of reducing budgets.

 

An additional recommendation as Paragraph 2 (p)  was circulated, relating to Decision (16).

 

Reason for Decision

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Decision

The Council’s Medium-Term Financial Strategy (MTFS), included elsewhere on this agenda, sets out the financial forecast for 2019-2022.  The forecast identifies a cumulative significant gap of £3.2 million.

 

The MTFS notes the requirement to develop an autonomous structure and flexible scheme of delegation to support a one team approach.  It recommends the organisational structure and services be redesigned to encourage greater self-reliance by those who work on the frontline and agility to support the business partnering

model and challenges that lie ahead. 

 

As part of its wider strategy, the Council has established or is engaged in a range of partnerships.  Any new structure must assign clear roles for partnership leads and enable cross unit joined up working both within the Council and with partners.

 

 

That Full Council be recommended the following, including an additional recommendation as Paragraph 2 (p) set out below in Decision (16);

 

(1)  Approve the proposed operating model as detailed in this report and Appendix 1 that delivers total savings of £102,000 over 3 years (payback period of a maximum of 3 years)  and delegates to the Chief Operating Officer (COO) any resulting adjustments to job roles and/or post designations which are required;

 

(2)   Transfer responsibility for the Property function to the Head of Finance and the Environmental Health and Licensing function to the Head of Streetscene;

 

(3)  Note the additional responsibilities assumed by officers following the deletion of the Director of Resources post in December 2016 which delivered annual savings of £85,905;

 

(4)  Approve the deletion of the vacant post of Head of Governance, Law, Property and Regulation(HGLP&R) from the Council’s senior management establishment together with the posts sets out in paragraph 7 on the dates indicated or on expiry of any relevant redundancy notice;

 

(5)  Approve the creation of the posts of Head of Policy and Engagement and Head of Legal and Democratic Services (Band 3); (Appendix 2);

 

(6)  Give authority to the Head of People and Development to issue a redundancy notice to the relevant postholder where no suitable alternative employment is identified; subject to consideration of any further representations made within the consultation period;

 

(7)  Note the proposed succession planning set out in paragraph 9 of the report;

 

(8)  ) Revise the Band 2 and 3 salaries of the Chief Officer Pay Policy as set out in paragraph 25 of this report;

 

(9)  Approve changes to be made to Part 3 Council Functions arising from the Organisation Review relating to those previously discharged by the Head of GLP&R (transferred to the Chief Operating Officer on 22 November 2017), in particular relating to licensing and their redistribution to the Head of Legal and Democratic Services, and the Head of Streetscene –as follows;

 

(a)  All the HGLP&R  ...  view the full minutes text for item 76.