Agenda and minutes

Venue: Burnley Town Hall

Items
No. Item

55.

Minutes of the Last Meeting pdf icon PDF 55 KB

To receive, as read, the Minutes of the proceedings of the Council held on the 21st December 2016 and to confirm them or otherwise.

Additional documents:

Minutes:

RESOLVED       

 

The Minutes of the meeting of the Council held on the 21st December 2016 were confirmed and signed by the Chair.

56.

Declarations of Interest pdf icon PDF 66 KB

To receive any declarations of interest.

Minutes:

Councillor Margaret Lishman declared an other interest (personal)  in the budget items 6(d) to 6 (i).

57.

Public Question Time pdf icon PDF 66 KB

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

Minutes:

Mrs Pat Woolven addressed the Council under the Request to Speak Policy thanking Streetscene staff for their efforts in tidying up an area in Burnley and presented a thank you card to the Mayor.

58.

Road Safety pdf icon PDF 38 KB

Minutes:

Notice of Motion

 

It was moved by Councillor Mark Townsend and seconded by Councillor Liz Monk

 

Burnley Borough Council notes the concerns of local residents on the subject of road safety and in particular about the issues related to the hire of vehicles, whether as day hire or through leasing schemes.   

Our main aim is not to unduly restrict the hiring of vehicles but to stop misuse and bring about more sensible behaviour. In moving this motion we wish to prevent people from harming themselves, others and property. We want to make the Borough a safer place for drivers, cyclists and pedestrians.   

We resolve to ask the Chief Executive to write to the appropriate Government Department Ministers and our MP and to ask them to work with the relevant insurance agencies to bring forward legislation that restricts the ability of young drivers to hire high powered vehicles for limited periods of time or for other drivers to hire such vehicles and then allow young and inexperienced drivers to use them. This practice is a cause of concern for our constituents and has been a contributory factor in some road accidents.”

 

On being put to the voted the motion was declared to be carried and it was RESOLVED accordingly,

59.

Voting ID pdf icon PDF 39 KB

Minutes:

Notion of Motion

 

It was moved by Councillor Mark Townsend and seconded by Councillor Asif Raja

 

“The government has proposed that the Council is invited to be a pilot in 2018 whereby all voters in elections in Burnley will need to supply evidence to prove their identity if they are going to be allowed to vote at Polling Stations. This change is being introduced to deal with the potential issue of voter impersonation although there have been no proven examples of this crime within Burnley.  

This change will significantly inconvenience all law abiding electors and, in some cases, will prevent them from voting because they will not be able to supply the relevant documentation.  It will involve the Council in additional expensive bureaucracy and will also present serious operational problems for polling clerks who will be expected to check pieces of documentation while a queue of voters builds up.        

On behalf of all law abiding electors in Burnley, this Council calls upon the Chief Executive to make these concerns known to the Electoral Commission and for the council to not be involved in the pilot. We also call upon our MP to make these concerns known to Ministers at the Department for Communities and Local Government.”

 

On being put to the vote the motion was declared to be carried and it was RESOLVED accordingly.

 

60.

Council Tax Renovated Property pdf icon PDF 56 KB

To seek approval of a new policy for awarding local Council Tax discount to owners of renovated properties which were previously classed as either uninhabitable or long-term empty. (report and relevant minute enclosed)

Additional documents:

Minutes:

With reference to Minute 101 of the Executive (13th February 2017) consideration was given to a new policy for awarding local Council Tax discount to the owners of renovated properties which were previously classed as either uninhabitable or long-term empty.

 

RESOLVED       

 

(1) That approval be given to this new policy for awarding local

Council Tax discount from 1April 2017. As shown in Appendix 1

to the report ; and

 

(2)  That delegated authority be given to the Head of  Housing and Development Control in conjunction with  the Head of Finance to amend the criteria of the  scheme to ensure it  remains cost effective and achieves the objectives of the policy.

 

 

61.

Revenue Budget Monitoring 2016/17 pdf icon PDF 56 KB

To consider the revised revenue budget for 2016/17, the creation of new reserves, the net transfers to earmarked reserves and the carry forward of unspent budgets into 2017/18. (report and relevant minute enclosed)

Additional documents:

Minutes:

With reference to Minute 103 of the Executive (13th February 2017) consideration was given to forecast outturn position for the year as at 31st March 2017 based upon actual spending and income to 31st December 2016.

 

RESOLVED                                                                                                                                          

 

(1)          That the projected revenue budget forecast underspend of £276k (see the overview table in paragraph 6) which includes utility savings and an improved income position be noted:

 

(2)          That approval be given to the latest revised budget of  £15.223m as shown in Appendix 1.

 

(3)          That approval be given to the creation of a new reserve, Burnley bondholders, and the transfer of the balance of contributions totalling £35k from the Growth reserve;

 

(4)          That approval be given for the creation of a new reserve, Town Centre Masterplan, utilising the £89k balance on the Housing Benefits Administration Subsidy reserve and £54k of the balance on the Rail Services reserve;

 

(5)          That approval be given to net transfers to earmarked reserves of £721k as shown in Appendix 4; and

 

(6)          That approval be given to the carry forward of forecast unspent budgets as requested by Heads of Service in Appendix 5. These amounts totalling £60k to be transferred into the transformation reserve and transferred back out to create additional revenue budgets in 2017/18 or when required.

 

 

 

62.

Capital Budget Monitoring 2016/17 pdf icon PDF 56 KB

To consider the revised capital budget for 2016/17. (report and relevant minute enclosed)

Additional documents:

Minutes:

With reference to Minute 107 of the Executive (13th February 2017) consideration was given to a revised capital budget.

 

RESOLVED

 

(1)    That approval be given to the revised capital budget for 2016/17 totalling £7,500,591, as outlined in Appendix 1.

 

(2)    That approval be given to the proposed financing of the revised capital budget totalling £7,500,591 as shown in Appendix 2.

 

(3)       That the latest estimated year end position on capital receipts and contributions showing an assumed balance of £2,749,051 at 31st March 2017, in Appendix 3, be noted.

 

 

63.

Revenue and Capital Budget and Council Tax for 2017/18 pdf icon PDF 59 KB

To seek approval of the Medium Term Financial Strategy and the Reserves Strategy.  (report and relevant minute enclosed)

Additional documents:

Minutes:

Consideration was given to the Revenue and Capital Budgets and Council Tax for 2017/18.

 

It was moved by Councillor Wajid Kahn and seconded by Councillor Mark Townsend:

 

“That the Council approves the proposals contained in items d to i on the agenda and adopts the relevant minutes of the Executive.  These relate to the approval of the Council’s revenue and capital budgets and setting the rate of Council Tax 2017/18”. 

 

It was moved by Councillor Gordon Birtwistle  and seconded by Councillor Alan Hosker

that in accordance with Council Procedure Rule 22.1,  Council Procedure Rules 11 and 15.1 be suspended to allow debate on an amendment to the budget.  On being put to the vote the motion was lost.

 

An amendment was proposed by  Councillor David Heginbotham and seconded by Councillor Ida Carmichael that Council Tax be frozen for 2017/18 and the £119k required be funded by the utilisation of revenue underspends from 2016/17”

 

On being put to the vote, the amendment was lost.

 

In accordance with Council Procedure Rule 16.7 a recorded vote was taken on the amendment

 

For the amendment

Councillors Ida Carmichael, David Heginbotham, Andrew Newhouse and Tom Porter

 

Against the Amendment

Councillors Howard Baker, Gordon Birtwistle, Charlie Briggs, Frank Cant,  Jean Cunningham, Trish Ellis, Bea Foster,  Sue Graham, Joanne Greenwood, John Harbour, Tony Harrison, Shah Hussain, Mohammed Ishtiaq, Marcus Johnstone, Anne Kelly, Arif Khan, Lubna Khan, Wajid Khan, Margaret Lishman, Sobia Malik, Tony Martin, Elizabeth Monk, Lian Pate, Asif Raja  Paul Reynolds, Ann Royle,   Andrew Tatchell and Mark Townsend

 

Abstentions

Councillors Danny Fleming, Alan Hosker, Neil Mottershead, Mark Payne, David Roper, Jeff Sumner  and Christine White

 

In accordance with Council Procedure Rule No. 16.7, a recorded vote was taken on the motion;

 

For the Motion

Councillors Howard Baker, Frank Cant,  Jean Cunningham, Trish Ellis, Danny Fleming, Bea Foster, Sue Graham, Joanne Greenwood, John Harbour, Tony Harrison, Shah Hussain, Mohammed Ishtiaq, Marcus Johnstone, Arif Khan, Lubna Khan, Wajid Khan, Sobia Malik, Tony Martin, Elizabeth Monk, Lian Pate, Asif Raja  Paul Reynolds, Ann Royle,   Andrew Tatchell and Mark Townsend

 

Against the Motion

 

Councillors Gordon Birtwistle, Charlie Briggs, Ida Carmichael, David Heginbotham, Alan Hosker, Anne Kelly, Margaret Lishman, Neil Mottershead, Andrew Newhouse, Mark Payne, Tom Porter, David Roper, Jeff Summer and Christine White

 

Accordingly, the motion was declared to be carried and it was RESOLVED:

 

1)        That the latest Medium-Term Financial Strategy be approved;

 

2)        That the Reserves Strategy, as appended to the Medium-Term Financial Strategy be approved;

 

3)        That it be noted that a refreshed document will be provided regularly when required as an aid to monitoring the continued delivery of an annually balanced budget;

 

4)        That  the approach that has been adopted in developing budget proposals that reflect the Council’s Strategic Objectives for 2017/18 be endorsed;

5)        That the proposals contained in the revenue budget report be approved;

6)        That the setting of a Council Tax Requirement of £6,390,760 for the financial year 2017/18 be approved;  ...  view the full minutes text for item 63.

64.

Appointment of External Auditors pdf icon PDF 56 KB

To approve the approach for appointing the External Auditors for 2018/19.  (report and relevant minute enclosed)

Additional documents:

Minutes:

With reference to Minute 6 of the Audit and Standards Committee (11th January 2017) consideration was given to the appointment of external auditors for the 2018/19 accounts.

 

RESOLVED

 

That approval be given to the appointment of an External Auditor for the 2018/19 accounts utilising option 3 a – using the national Public Sector Auditor Appointments body to make the appointment on behalf of the Council.

 

65.

Localism Act 2011 - Annual Pay Policy Statement pdf icon PDF 57 KB

To consider the Pay Policy Statement for 2017/18. (report enclosed)

Additional documents:

Minutes:

Consideration was given to the Council’s Pay Policy Statement for 2017/18

 

RESOLVED

 

(1)  That approval be given to the Pay Policy Statement for 2017/18; and

 

(2)  That approval be given to amend the Council’s National Joint Council (NJC) Pay Policy and pay spine with effect from 1st April 2017 to accommodate the increase in the Foundation Living Wage to £8.45 per hour announced in October 2016.

 

 

66.

Strategic Plan 2017/18 pdf icon PDF 56 KB

To approve the Strategic Plan 2017/18.  (report enclosed)

Additional documents:

Minutes:

With reference to Minute 104 of the Executive (13th February 2017) consideration as given to the updated Strategic Plan for 2017- 2020

 

RESOLVED

 

That approval be given to the Council’s Strategic Plan 2017-2020.

 

67.

Constitutional Reporting pdf icon PDF 56 KB

To note consequential and minor amendments to the Constitution made since the last meeting and to approve the amendments to Standing Orders for Contracts, the protocol for Awards to Recognise Service to the Community or the Council and Code of Conduct regarding training of members relating to Equality and Diversity and Child Sexual Exploitation. (report enclosed)

Additional documents:

Minutes:

Consideration was given to the consequential and minor amendments to the Constitution made since the last meeting and to amendments to Standing Orders for Contracts, the protocol for Awards to Recognise Service to the Community or the Council and Code of Conduct regarding training of members relating to Equality and Diversity and Child Sexual Exploitation.

 

RESOLVED

 

(1)  That the consequential and minor amendments to Part 3 of the constitution made by the Monitoring Officer relating to the changes in Senior Managements which have taken effect since the last meeting be noted; and

 

(2)  That the consequential and minor changes made to the constitution relating to the changes in Senior Managements be noted as follows;

(a) Part 2 Articles

(b) Part 4.6 Financial Procedure Rules

(c) Part 4.8 Officer Procedure Rules

 

(3)  That approval be given to the non-minor changes where relevant to

(a)  Part 4.7 Standing Orders for Contracts (at appendix 1 to the report)

(b)  Part 5.9 Protocol for Award to Recognise Service to the Community or the Council relating to a Certificate of Honour

(c) Part 5.1 Code of Conduct, regarding the training of Members relating to the Code of Conduct/ethical standards, Equality and Diversity and

Child Sexual Exploitation to be made annual and mandatory.

 

68.

Report from the Chair of Scrutiny pdf icon PDF 56 KB

Additional documents:

Minutes:

RESOLVED

 

That the Cycle 4 report of the Scrutiny Chair be noted.

69.

Strategic Plan Progress Reports pdf icon PDF 120 KB

Additional documents:

Minutes:

RESOLVED

 

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

70.

Exclusion of the Public pdf icon PDF 55 KB

To consider the exclusion of the public from the meeting before discussion takes place on the following item(s) of business on the grounds that inview 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 Govenrment Act 1972.

Minutes:

RESOLVED    That the public be excluded from the meeting before discussion takes place on the next 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 relating to the financial or business affairs of any particular person (including the authority holding that information).

71.

Land at Grove Lane Padiham

To approve the transfer of funds to the transformation reserve to purchase the land.  (report and relevant minute enclosed)

 

 

Minutes:

With reference to Minute 93  of the Executive (25th January 2016) consideration was given to the purchase of 18.5 acres of land at Grove Lane Padiham.

 

RESOLVED    

(1)  That approval be given to the purchase as set out in paragraphs 6 and 9 of this report.

 

(2)  That approval be given to the contribution as set out in section 8 of this report.

 

(3)  That delegated authority be given to the Chief Operating Officer in consultation with the Leader to conclude negotiations and agree terms.

 

(4)  That delegated authority be given to the Head of Governance, Law,  Property and Regulation to agree and execute all documents necessary to give effect to the above decision.

 

(5)  That approval be given to transfer the sum referred to in paragraph 9 of the report from the Transformation Reserve to fund the capital spend and create the appropriate budget.

 

 

 

72.

Council tax schedule 2017/18 Appendix A

Minutes:

       

73.

Council tax schedule 2017/18 Appendix B

Minutes:

Parish/Town Council Precepts 2017/18