Agenda and minutes

To receive, as read, the Minutes of the proceedings of the Council held on the 23^rd November 2016 and to confirm them or otherwise.

RESOLVED        The Minutes of the meeting of the Council held on the 23^rd November were confirmed and signed by the Chair.

To receive questions, statements or petitions (if any) from members of the public.

Mrs Alice Thornber addressed the Council under the Request to Speak Policy on homelessness and vulnerable people.

Councillor Mark Townsend will move that:

“This Council respects the call by 5% of residents to hold a referendum to decide the Council's governance model and will work positively to implement a directly elected Mayor if that is the preference of residents as determined by the referendum result.

This Council however expresses its concern about the financial, accountability and ceremonial implications of a directly elected Mayor for the Borough.

At a time of massive government cuts being imposed on this Council the petition compels the Council to spend £80,000 on a referendum in 2017/18. If the referendum decision is to have a Mayor this increases to £240,000 in 2017/18. The estimated additional annual cost to the Council thereafter is estimated to be £117,000 per annum which equates to a 2% increase in Council Tax. This Council would much rather be spending residents Council Tax on essential services than using it to establish an unneeded additional politician that carries with it an estimated annual salary of £50,000. A £40,000 increase on current Council Leader allowances.

This Council also believes that an elected Mayor weakens democratic accountability within the Council with Ward Councillors only able to change major policy decisions if 2/3 of Councillors are in agreement.

A directly elected Mayor would also require a new position of Chairman of the Council to be created which could replace the traditional role of a ceremonial Mayor. This Council supports the current arrangements of appointing a politically neutral Mayor to Chair the Council who would also carry out the popular ceremonial duties across the Borough.

This Council believes its current leadership model of governance is cost effective and provides best value for residents for both the civic and ceremonial functions of the Council.”

It was moved by Councillor Mark Townsend and Seconded by Councillor John Harbour that

“This Council respects the call by 5% of residents to hold a referendum to decide the Council's governance model and will work positively to implement a directly elected Mayor if that is the preference of residents as determined by the referendum result.

This Council however expresses its concern about the financial, accountability and ceremonial implications of a directly elected Mayor for the Borough.

At a time of massive government cuts being imposed on this Council the petition compels the Council to spend £80,0000 on a referendum in 2017/18. If the referendum decision is to have a Mayor this increases to £240,000 in 2017/18. The estimated additional annual cost to the Council thereafter is estimated to be £117,000 per annum which equates to a 2% increase in Council Tax. This Council would much rather be spending residents Council Tax on essential services than using it to establish an unneeded additional politician that carries with it an estimated annual salary of £50,000. A £40,000 increase on current Council Leader allowances.

This Council also believes that an elected Mayor weakens democratic accountability within the Council with Ward Councillors only able to change major policy decisions if 2/3 of Councillors are in agreement.

A directly elected Mayor would also require a new position of Chairman of the Council to be created which could replace the traditional role of a ceremonial Mayor. This Council supports the current arrangements of appointing a politically neutral Mayor to Chair the Council who would also carry out the popular ceremonial duties across the Borough.

This Council believes its current leadership model of governance is cost effective and provides best value for residents for both the civic and ceremonial functions of the Council.”

In accordance with Council Procedure Rule 16.4 it was requisitioned that the names be recorded to indicate how each Member present gave his or her vote.

For the Motion

Councillors Baker, Briggs, B Brindle, M Brindle, Cant, Carmichael, Chaudhary, Cunningham, Ellis, Fleming, Foster, Frayling, Frost, Graham, Greenwood, Harbour, Harrison, Heginbotham, Hosker, Hussain, Johnstone, Kelly, L Khan, W Khan, Lishman, Malik, Martin, Monk, Mottershead, Newhouse, Pate, Payne, Porter, Raja, Reynolds, Roper, Royle, Tatchell, Townsend and White.

Abstained

Birtwistle and Sumner

The motion was declared to be carried and it was RESOLVED accordingly.

To consider proposals for the operation of a Directly Elected Mayor form of executive governance following receipt of a valid petition.

(report enclosed)

Consideration was given to a valid petition seeking a Referendum on whether the Council should be run in a different way by a Mayor who is elected by voters for the area that the Council serves and the procedures that the Council needed to follow in order to hold the Referendum in accordance with the relevant regulations.

RESOLVED  1. That the position concerning the receipt of a valid petition

                           referred to in paragraph 10 of the report and the requirement

                           to hold a Referendum be noted;

2.    That approval be given to the extent to which the (local choice) functions specified under Section 9D (3) (b) of the Local Government Act 2000 are to be the responsibility of the Executive if the Directly Elected Mayor and Cabinet form of governance is approved following the Referendum as set out in Appendix 1 to the report;

3.    That approval be given to the proposals set out in Appendix 2 to the report for the operation of Executive arrangements based on a Directly Elected Mayor and Cabinet form of governance should this model be implemented as a consequence of the outcome of the Referendum:

4.    That the draft notice required to be published by the Proper Officer, as set out in Appendix 3 to the report be noted:

5.    That, in the event of a vote in favour of a change to the Directly Elected Mayor and Cabinet form of governance in the Referendum, the Council’s Independent Remuneration Panel be asked to make recommendations on the arrangements for remuneration that should apply to a Directly Elected Mayor Model and that the Panel’s report and recommendations be submitted to the Council for determination before a Mayoral election in October 2017.

To approve the proposed changes to the Burnley Hackney Carriage Bye Laws.

(report and relevant minute enclosed)

With reference to Minute 15 of the Licensing Committee (27^th October 2016) consideration was given to an amendment to the Hackney Carriage Byelaws.

RESOLVED              That approval be given to the changes to the Burnley Hackney Carriage Byelaws as detailed in Appendix A to the report

To consider the Council Tax Support scheme for 2017/18.

(report and relevant minute enclosed)

With reference to Minute 56 of the Executive (1^st November 2016) consideration was given to the Council Tax Support Scheme for the financial year 2017/18.

RESOLVED           That the Council Tax Support Scheme for 2017/18 remain unchanged from 2016/17 and that a fundamental review of the scheme be carried out during 2017.

To endorse the mid-year update on the Treasury Management

Strategy for 2016/17. 

(report and relevant minute enclosed)

With reference to Minute 59 of the Executive (1^st November 2016) consideration was given to the treasury management activity for the period 01/04/16 to 30/09/16.

RESOLVED (1)     That the Treasury Management activities undertaken during the period 1^st April to 30^th September 2016 be noted; and

(2)     That the mid-year update on Treasury Management Strategy for 2016/17 be endorsed  in compliance with the

         requirements of the Chartered Institute of Public Finance

         and Accountancy’s (CIPFA) Code of Practice on Treasury

         Management. 

To consider Revenue Budget Monitoring in Cycle 2 2016/17.

(report and relevant minute enclosed).

With reference to Minute 72 of the Executive (6^th December 2016) consideration was given to the forecast outturn position for the year as at 31^st March 2017 based upon actual spending and income to 30^th September 2016.

RESOLVED  (1)    That the projected revenue budget forecast underspend of

                                 £123k be noted as detailed in the overview table in

                                 paragraph 6 of the report;

(2)      That approval be given to the latest revised budget of

     £15.223m as shown in Appendix 1 to the report; and

(3)      That approval be given to the net transfers from earmarked

         reserves in the quarter of £32k as shown in Appendix 4 to

         the report.

To consider Capital Budget Monitoring during Cycle 2 2016/17.

(report and relevant minute enclosed)

With reference to Minute 73 of the Executive (6^th December 2016) consideration was given to the capital expenditure and resources position and any variances.

RESOLVED   (1)  That approval be given to a new Capital Scheme for the

     Padiham Pump Track – Phase 2, totalling £18,000 which is                     

    fully funded as per paragraph 5a of the report;

(2)   That approval be given to a revised capital budget for 

     2016/17 totalling £8,878,322, as outlined in Appendix 1;

(3)   That approval be given to the proposed financing of the

       revised capital budget totalling £8,878,322 as shown in

       Appendix 2; and

(4)   That the latest estimated year end position on capital

receipts and contributions be noted showing an assumed balance of £2,466,296 at 31st March 2017, in Appendix 3.

To seek approval for the proposed fees and charges tariff to take effect from 1^st January 2017.

(report enclosed, relevant minute attached)

With reference to Minute 74 of the Executive (6^th December 2016) consideration was given to the proposed list of fees and charges to be levied from 1^st January 2017.

RESOLVED   (1)  That the proposed tariff of fees & charges as amended from

                               1^st January 2017 be approved as outlined in Appendix A of

                             the report;

(2)  That the Head of Finance be authorised in consultation with 

  the relevant Head of Service to determine any new charges

  or changes to existing charges relating to the preparation

  and approval of the 2017/18 revenue budget;

(3)  That the Executive Portfolio Members be authorised to

  amend fees & charges periodically in their own area on the

  basis that overall income in their portfolio area remains the

  same as a minimum; and

(4)  That the Head of Regeneration and Planning Policy be 

  authorised in consultation with the Executive Member for

  Resources and Performance Management and the  Section

  151 Officer to adjust fees and charges in relation to the

  Markets service from time to time to reflect current trading

   conditions and the overall position of the market.

To consider the Health & Safety Intervention Plan for 2016/17.

(report and relevant minute enclosed)

With reference to Minute 76 of the Executive (6^th December 2016) consideration was given to the plan necessary to meet statutory requirements.

RESOLVED           That approval be given to the Health and Safety Intervention Plan for 2016/2017, as detailed in Appendix 1.

To consider the Food (Official Controls) Delivery Plan for 2016/17.

(report and relevant minute enclosed)

With reference to Minute 75 of the Executive (6^th December 2016) consideration was given to the plans necessary to meet statutory requirements.

RESOLVED              That approval be given to the Food (Official Controls) Delivery Plan 2016/17.

To consider Appointments to Committees and Outside Bodies for the remainder of 2016/17.

(report enclosed)

Consideration was given to a report on changes to the membership of Committees during the remainder of the Municipal Year.

RESOLVED    (1)     That Councillor Gordon Birtwistle be appointed to replace Councillor David Roper as a Liberal Democrat member

on the Development Control Committee for the remainder of the 2016/17 Municipal Year;

(2)     That Councillor Roger Frost be appointed to replace   

                                    Councillor David Roper as a Liberal Democrat member on    

the Audit and Standards Committee for the remainder of the 2016/17 Municipal Year;

(3)     That Councillor Shah Hussain be appointed, as a Labour member,  to replace Councillor Tom Porter on the Licensing Committee for the remainder of the 2016/17 Municipal Year;

(4)     That approval be given to the appointment of Ms Kathryn

Haworth as a co-opted Parish Member on the Audit and Standards Committee for a period of three years from 22^nd  December 2016 to 21^st December 2019.

To consider updates to the Constitution, amendments to delegations, and Urgent Decisions.

(report enclosed)

Consideration was given to amendments to Parts 2 and 3 of the Constitution and an urgent delegated decision by the Chief Executive to appoint an Interim Section 151 Officer.

RESOLVED 

(1)(a)  That a minor amendment by the Monitoring Officer to the          delegations of the Head of Housing and Development

                                      Control ,which were made on 29^th September 2016, be

                                      noted as follows;

                                      Regarding Rent Repayment Orders, which are not in

                                      relation to the condition of properties, in order to make it

                                      clearer the following wording was added as Paragraph

                                      31 of the Head of Housing and Development Control’s

                                      delegations;

                                      To exercise all the powers relating to the application and

                                      enforcement of Rent Repayment Orders under the

                                      Housing Act 2004 including the service of any statutory

                                      notices in connection therewith”.

                               (b) That changes to Part 3 (Executive Functions) made by

                                      the Leader on 6^th December 2016  (Appendix1) relating

                                      to the delegations of the Head of Housing and

                                      Development Control, Head of Governance, Law,

                                      Property and Regulation, and Section 151 Officer be

                                      noted (Appendix 1).

(2)       That Part 2 of the Constitution be amended in respect of

                                      the membership of the Audit and Standards Committee

                                      to remove the qualification that council members who sit

                                      on this committee must not be parish councillors or

                                      parish clerks.

(3)     That the reason for Call in having been waived in relation

to an Urgent Individual Executive Decision made on 29^th

November 2016 regarding an Organisation Review be noted

(4)       That an urgent delegated decision by the Chief

                                      Executive on  6th December 2016 to  appoint an Interim

                                      Section 151 Officer until the start of the employment of

                                      a Head of Finance, and to allow the exercise of the      

                                      Director of Resource’s Council delegations by the

                                      section 151 Officer, be confirmed (Appendix 1)

(5)       That the Head of Finance be appointed as Section 151

Officer from the start of their employment, and their exercise of the Director of Resource’s Council delegations as section 151 Officer be confirmed.

(6)       That approval be given approve the changes to Part 2 of

                                      the Council’s constitution and to Part 4.7 Standing

                                      Orders for Contracts as they relate to the sealing of

                                      documents, as  set out in paragraph 19 of the report.

To receive the report of the Scrutiny Committee Chair on the third cycle of meetings.

RESOLVED           That the Cycle 3 report of the Scrutiny Chair be noted.

RESOLVED           That the Strategic Plan Progress Reports of Executive Members be noted.

To consider the exclusion of the public from the meeting before discussion takes place on the following item 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.

RESOLVED              That the public be excluded from the meeting before discussion  on Minute 54 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 relating to any consultation or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority.

Consideration was given to the agreed changes to the Council’s operating model and structure as part of the Council’s need to reshape itself to meet future challenges, in the context of reducing budgets.

Mick Cartledge left the room for this item and did not take part in the discussion.

RESOLVED (1)     That the revision of the salary of Band 1 of the Chief Officer

                                  Pay Policy detailed in paragraph 21, which is the average

                                  minimum for the role as advised by Local Government

                                  Association be confirmed:

(2)     That the appointment of Mick Cartledge to the post of Chief

Operating Officer by the Council’s Appointment Committee be noted: and

(3)     That delegated authority be given to the Monitoring Officer to make any consequential amendments to Part 7 of the

                                 Constitution (Management Structure).