Agenda and draft minutes

Full Council - Wednesday, 26th February, 2020 6.30 pm

Venue: Town Hall, Burnley

Contact: Democracy Office 

Items
No. Item

64.

Minutes of the Last Meeting pdf icon PDF 317 KB

To receive, as read, the Minutes of the proceedings of the previous Council meeting, and to confirm them or otherwise.

Minutes:

RESOLVED         The Minutes of the meetings of the Council held on the 16th and 18th December 2020 were confirmed and signed by the Chair.

65.

Declarations of Interest

To receive any declarations of interest.

Minutes:

Councillor Wajid Khan declared a disclosable pecuniary interest in the item relating to the Appointment of Mayor and Deputy Mayor 2020/21.

 

Councillor Andy Tatchell declared a disclosable pecuniary interest in item 15 on the agenda regarding Towneley Hall and Town Hall Capital Works update.

66.

Public Question Time

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

Minutes:

John Rowe addressed the Council under the Request to Speak Policy on the sale of land during the Elevate programme.

 

Reverend Michael Fleming addressed the Council under the Request to Speak Policy on homelessness in the Borough.

67.

Motions to Council - Tackling Homelessness and providing a night shelter for rough sleepers with the Borough of Burnley pdf icon PDF 218 KB

Minutes:

It was moved by Councillor Afrasaib Anwar and seconded by Councillor Lian Pate that

 

This Council resolves to recommend to the Executive:

·         Take immediate steps to provide accommodation within the Borough for rough sleepers with a Statutory need under the Severe Weather Emergency Protocol

·         Work in partnership with the 3rd Sector to:

o   Expand this provision to a Night Shelter within the Borough, offering overnight accommodation every night of the year for those who want to opt to “sleep in”

o   Develop a strategy to reduce and prevent homelessness

 

In accordance with Council Procedure Rule 12 – Motions on expenditure as this item would have the effect of materially increasing the expenditure or reduce the revenue of the Council or involve capital expenditure, the motion was REFERRED to the Executive without discussion to consider and report back to a future meeting of the Full Council.

68.

Executive response to motion on Glyphosate pdf icon PDF 273 KB

This motion to Full Council in July 2019 stood referred without discussion to the Executive as it had the effect of materially increasing the expenditure of the Council.

 

The matter is also an Executive function and therefore any decision on policy can only be taken by the Executive.  The Executive at its meeting on 17th February 2020 made a decision on the matter.  The Executive report and the minute extract are attached.

 

Members may debate the motion, taking into consideration the Executive’s decision.

 

Additional documents:

Minutes:

Consideration was given to the Executive’s response to a motion on Glyphosate which had been referred to the Executive in July 2019 because if carried it would materially increase the expenditure of a service which is managed by the Council.  (Full Council minute 6/ 2019 refers).

 

The matter was an Executive function and the Executive’s decision was

 

(1)         That phasing out the use of pesticides and herbicides on land that it owns or manages

 by undertaking trials of alternative techniques and reviewing progress made by other

authorities be investigated;

 

(2)         That a trial be undertaken to cease the use of glyphosate in children’s play areas and

in Thompson and Ightenhill parks from April 2020 to the end of September 2020 using

    alternative methods of mechanical and steam treatment to manage weeds;

 

(3)         That the use of the organic herbicide pelargonic acid be trialled for control of weeds

around graves in Burnley Cemetery from April 2020 to the end of September 2020;

 

(4)         That the use of glyphosate be continued to control highway weeds but instigate trials

of integrated weed control to reduce the quantity of herbicide used, including a trial of spot

treating weeds using a hand-held CDA in a representative area of the Borough;

 

(5)         That Scrutiny Committee be requested to review the outcome of trials and review the

progress being made by other local authorities to reduce/eliminate glyphosate use and

to complete this by the end of November 2020;

 

(6)         That the Green Party’s desire to see glyphosate-based herbicides banned be noted,

but relies on regulatory agencies to determine the safety or otherwise of regulated

pesticides; and

 

(7)         That the Leader of Lancashire County Council and Minister of State at the Department

 for Environment and Rural Affairs be written to informing them of this Council’s resolution.

 

 

 

RESOLVED

 

That the decision of the Executive be noted.

 

69.

Executive response to motion on Passivhaus pdf icon PDF 129 KB

This motion to Full Council in December 2019 stood referred without discussion to the Executive as it had the effect of materially increasing the expenditure of the Council.

 

The matter is also an Executive function and therefore any decision on policy can only be taken by the Executive.  The Executive at its meeting on 17th February 2020 made a decision on the matter.  The Executive report and minute extract are attached.

 

Members may debate the motion, taking into consideration the Executive’s decision.

 

Additional documents:

Minutes:

Consideration was given to the Executive’s response to a motion on Passivhaus which had been referred to the Executive in December 2019 because if carried it would materially increase the expenditure of a service which is managed by the Council.  (Full Council minute 49/ 2019/20 refers).

 

The matter was an Executive function and the Executive’s decision was

 

(1)  That the proposals set out in the motion not be adopted due to potential service and financial implications for the Council and the inability to set new policy requirements via a Supplementary Planning Document.  However, that the preparation of a Design SPD be considered which inter alia includes guidance on energy efficiency measures. (Local Development Scheme agenda item); and

 

(2)  That Officers be authorised to conduct a review of the specification of renovation work applied to the empty homes programme and seek opportunities to improve the property Energy Performance Certificate (EPC) rating above level C.

 

 

RESOLVED

 

That the decision of the Executive be noted.

 

70.

Council Tax Support Scheme and Second Homes Discount pdf icon PDF 188 KB

To consider the Council Tax Support Scheme.

 

Additional documents:

Minutes:

With reference to Minute 72 of the Executive (17th February 2019 ) consideration was given a report on the Council Tax Support Scheme and Second Homes Discount.

 

RESOLVED

 

(1)  That approval be given to adopt changes to the Council Tax Support Scheme for 2020/21 and 2021/22 onwards such that any entitlement in accordance of the scheme is reduced to 16.0% in 2020/21 and to 15.0% from 2021/22 onwards, which represent a change to the current reduction of entitlement of 17.5%;and

 

(2)  That the review of the policy not to award any discount on Council Tax for second homes be noted and that it will remain unchanged.

 

71.

Revenue Budget Monitoring 2019/20 Quarter 3 pdf icon PDF 97 KB

To consider the revised revenue budget for 2019/20, the net transfers to earmarked reserves and the carry forward of unspent budgets into 2020/21.  

Additional documents:

Minutes:

With reference to Minute 73 of the Executive (17th February 2020) consideration was given to the forecast outturn position for the year as at 31st March 2020 based on actual spending and income to 31st December 2019.

 

RESOLVED

 

 

(1)  That the projected revenue budget forecast position of an overspend of £140k be noted, as summarised in Table 1 and detailed in Appendix 1.  Also note the position as at the end of the quarter on the achievement of salary and non-salary savings targets and the balances yet to be found, as can be seen in Table 2;

 

 

(2)  That approval be given to the latest revised net budget of £15.815m as shown in Table 1 to the report;

 

(3)  That approval be given to the net transfers to earmarked reserves of £0.819m as shown in Appendix 2;and

 

(4)  That approval be given to the carry forward of forecast unspent budgets as requested by Heads of Service in Appendix 3. These amounts totalling £166k, are all funded by external grant income and are to be transferred into the revenue grants unapplied reserve.  The monies will be transferred back out to create additional revenue budgets in 2020/21 or when required. Government grant monies which are not fully spent in accordance with the grant conditions may have to be returned to the relevant government body.

 

72.

Capital Budget 2019/20 Monitoring Report Quarter 3 pdf icon PDF 191 KB

To consider a revised capital budget for 2019/20.

 

Additional documents:

Minutes:

With reference to Minute 74 of the Executive (17th February 2020) consideration was given to a revised Capital budget.

 

 

RESOLVED

 

(1)  That approval be given to net budget changes totalling a decrease of £2,134,195 giving a revised capital budget for 2019/20 totalling £15,347,289 as detailed in Appendix 1 to the report;

 

(2)  That approval be given to the proposed financing of the revised capital budget totalling £15,347,289 as shown in Appendix 2 to the report ;

 

(3)  That the latest estimated year end position on capital receipts and contributions be noted showing an assumed balance of £1,712,632 at 31 March 2020 as shown in Appendix 3 to the report; and

 

(4)  That it be noted that non-earmarked Ward Opportunities Fund monies will not be rolled forward into 2020/21 budgets, unless they are subject to spending plans submitted by 31st March 2020. These commitments must be spent by 30th June 2020. There will be no new commitments accepted after 31st March 2020.  Any unspent and unearmarked monies will then be used to contribute to the Council’s capital programme.

 

73.

Revenue and Capital Budget and Council Tax 2020/21 pdf icon PDF 89 KB

To pass the formal resolution to set the Council Tax for 2020/21.

Minutes:

 

Consideration was given to the Revenue and Capital Budget and Council Tax for 2020/21.

 

It was moved by Councillor Margaret Lishman and seconded by Councillor Charlie Briggs

 

“That the Council approves the proposals contained in items 7(d) to 7(i) on the agenda and adopts the relevant minutes of the Executive.  These relate to the approval of the Council’s revenue and capital budget and setting the rate of the Council Tax 2020/21”

 

Amendments were submitted by the Labour Group and by the Green Group.

 

Adjournment of meeting

 

The Mayor adjourned the meeting at 7.35 pm

 

The meeting reconvened at 8.15 pm

 

(1) An amendment was moved by Councillor Mark Townsend and seconded by Councillor John Harbour

 

“Set aside £45,000 towards eliminating rough sleeping within the Borough (one off).

To be paid for by

i)             put on hold the recruitment of a HR and Learning Trainee / Legal Trainee until April 2021 saving £19,000, and

ii)            delay the increase in capacity of the Planning Department by 6 months saving £14,000, and

iii)           increasing the in-year salary savings target of £150,000 by applying the assumed pay increase of 2.5% providing £4,000, and

iv)           a reprofile of the 3 year £45,000 growth in the maintenance and repairs budget to £15,000 in 2020/21, £20,000 in 2021/22 and £10,000 in 2022/23 providing the balance of £8,000 from a total saving of £10,000.”

 

In accordance with Council procedure rule 16.7 a recorded vote was taken on the amendment.

 

The amendment was declared to be CARRIED.

 

Councillor Tracy Kennedy left the meeting at this point and did not take part in any subsequent votes

 

(2) An amendment to the substantive motion was moved by Councillor Mark Townsend and seconded by Councillor John Harbour

 

Reverse the proposed 20% reduction in the Energy Efficiency capital programme at a cost of £10,000 (one off).

To be paid for by

i)             utilising the remaining £2,000 from the reprofile of the maintenance and repairs budget, and

ii)            utilising £8,000 of a £59,000 saving by introducing a 1% recurrent in-year savings target on the non-salary budget.” 

 

 

In accordance with Council procedure rule 16.7 a recorded vote was taken on the amendment.

 

The amendment was declared to be CARRIED.

 

(3) An amendment to the substantive motion was moved by Councillor Mark Townsend and seconded by Councillor John Harbour

 

 

Increase resource towards parks and greenspace maintenance at a cost of £32,000.

To be paid for in 2020/21 by

i)             utilising £32,000 of the remaining £51,000 saving by introducing a 1% recurrent in-year savings target on the non-salary budget.”

 

 

 

In accordance with Council procedure rule 16.7 a recorded vote was taken on the amendment.

 

The amendment was declared to be CARRIED.

 

(4) An amendment to the substantive motion was moved by Councillor Mark Townsend and seconded by Councillor John Harbour

 

Increase resource towards improving housing standards and energy efficiency at a cost of £41,000 per annum.

To be paid for in 2020/21 by

i)             utilising the remaining £19,000 of the £59,000 from  ...  view the full minutes text for item 73.

74.

Strategic Plan 2020 pdf icon PDF 93 KB

To approve the Strategic Plan 2020.

 

Additional documents:

Minutes:

With reference to Minute 79 of the Executive (17th February 2019) consideration was given to the Strategic Plan 2020

 

RESOLVED

 

That the Strategic Plan 2020 be endorsed.

75.

Localism Act 2011 - Annual Pay Policy Statement pdf icon PDF 272 KB

To consider the Pay Policy Statement 2020. 

Additional documents:

Minutes:

With reference to Minute 82 of the Executive (17th February 2019) consideration was given to the Council’s Pay Policy Statement.

 

RESOLVED

 

(1) That approval be given to the Council’s Pay Policy Statement for 2020/21; and

 

(2) That the Council’s Gender Pay Gap at appendix H of the Pay Policy Statement be noted.

76.

Amendments to the Members Allowance Scheme pdf icon PDF 229 KB

To consider two amendments to the Members Allowance Scheme.

Additional documents:

Minutes:

Consideration was given to amendments to the Members Allowance Scheme in respect of the Special Responsibility Allowance paid to opposition group leaders and to clarify what approved duties qualified for the payment of travelling, subsistence and carers allowances.

.

 

RESOLVED

 

That the amendments set out in  paragraph 7 of the report and shown in  appendix 1 be approved.

77.

Appointment of Mayor Elect and Deputy Mayor Elect 2020/21 pdf icon PDF 124 KB

To consider the appointment of Mayor and Deputy Mayor for the 2020/21 municipal year.

Minutes:

Councillor Wajid Khan left the room and did not take part in this item.

 

The Mayor informed Council that Councillor Towneley was unable to accept the position of Deputy Mayor at this time.  The position of Deputy Mayor would be offered in accordance with the Council’s protocol and would be brought to the next meeting of the Council.

 

RESOLVED

 

That the position of the Mayor and Chair of the Council for the 2020/21 municipal year be noted.

78.

Calendar 2020/21 pdf icon PDF 143 KB

To consider the calendar of meetings for 2020/21.

Additional documents:

Minutes:

Consideration was given to a calendar of meetings for the 2020/21 municipal year.

 

RESOLVED

 

That the calendar of meetings for 2020/21 be approved.

79.

Constitutional Updates and Council Appointments pdf icon PDF 237 KB

To note the consequential amendments to the Constitution made since the last meeting.

Minutes:

The Mayor informed members that as Councillor Hosker and Gill had joined the Conservative Group on the Council they were no longer eligible to sit on the Lancashire Police and Crime Panel , Burnley’s representatives had to be from an Independent/other Group in order to satisfy the political balance across the Lancashire region.  Nominations were sought and one had been received for Councillor Andy Fewings to be the Lead member.  There were no other nominations for the position or for substitute members.

 

Consideration was given to the constitutional updates that had been made since the last meeting.

 

RESOLVED

 

(1)  That Councillor Andy Fewings be appointed as the Lead member on the Lancashire Police and Crime Panel;

 

(2)  That the addition to the delegations of the Head of Housing and Development Control made by the Leader relating to the Tenants Fee Act 2019 within Part 3 (Executive functions) of the Constitution be noted; and

 

(3)  That the relevant policy development decision making process for Executive and Council Functions be noted.

 

80.

Reports from the Chairs of Committees pdf icon PDF 120 KB

To consider the reports of the Chairs of Scrutiny, Audit and Standards, Development Control and Licensing.

Minutes:

 

RESOLVED             That the reports of the Chairs of Scrutiny, Audit and Standards, Development Control and licensing be noted.

81.

Strategic Plan Progress Reports pdf icon PDF 346 KB

Minutes:

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

82.

Exclusion of the Public

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 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:

RESOLVED

 

That the public be excluded from the meeting before discussion takes place on the following item of business relating to Minute 82 on the grounds that 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).

 

 

83.

Towneley Hall and Town Hall - Capital Works Update

To note the progress of the Town Hall works and approve the additional budget required and to funding arrangements to be put in place to meet the capital requirements for all the works set out in the report

Minutes:

With reference to Minute 88 of the Executive (17th February 2020) consideration was given to an update  on the Towneley Hall capital works and progress with Town Hall roof repairs.

 

 

RESOLVED

 

(1)  That the Head of Finance and Property be authorised to tender a contract for the services of a specialist conservation architect and for project management services to supervise and oversee the works at Towneley Hall and to accept the most economically advantageous tenders;

 

(2)  That the Head of Finance and Property be authorised to tender a contract for priority works arising from the survey and appoint suitable contractors;

 

(3)  That the Head of Finance and Property be authorised where reasonably necessary to depart from the Council’s Standing Orders for Contracts, in consultation with the Executive Member for Resources & Performance Management;

 

(4)  That progress on the Town Hall works be noted  and approval be given for the additional budget required to undertake the stonework repair and phase 4 flat roof works, and it be noted that this corresponded to Option 3 in the 13th February 2020 Scrutiny Committee presentation which was then endorsed unanimously by that Scrutiny Committee;

 

(5)  That the Head of Finance and Property be authorised to let a contract for essential roof works on phase 4 of the Town Hall; and

 

(6)  That approval be given and arrangements put in place  for the necessary funding arrangements to meet the capital requirements for all works set out in this report.

 

 

84.

Council Tax Appendices A and B

Minutes:

Council Tax Schedule 2020/21

 

 

 

 

 

 

 

 

 

 

 

 

 

Parish/Town Council Precepts 2020/21          APPENDIX B