Agenda and minutes

To elect the Mayor of the Borough for the Municipal Year 2019/20.

It is a statutory requirement to appoint the Mayor as the first item of business.  The ceremonial handing over to the new Mayor will take place at the Mayor-Making Council meeting on Saturday, 25^th May 2019 at 11.00am in the Council Chamber.

It was proposed by Councillor Miles Parkinson and seconded by Councillor Tony Dobson, that Councillor June Harrison be elected Mayor of the Borough of Hyndburn for the Municipal Year 2019/20.

A Point of Order was raised by Councillor Judith Addison, regarding to the operation of Rule A23.3 of the Council Procedure Rules, in relation to the appointment of the Mayoress and Consort.  The matter was to be addressed later in the meeting.

Resolved                              -     That, in pursuance of Section 23 of the Local Government Act 1972, Councillor June Harrisonbe elected to the Office of Mayor of the Borough of Hyndburn for the Municipal Year 2019/20.

The newly-elected Mayor, Councillor June Harrison left the meeting.

Following a short adjournment, Councillor Harrison took her place in the Mayor’s Seat and Councillor Ayub attached the Mayoral Fob to the Chain now worn by the newly-elected Mayor.  Councillor Harrison then read and signed the Declaration of Acceptance of Office of Mayor and said a few words of thanks.

To elect the Deputy Mayor of the Borough for 2019/20.

The Mayor invited nominations for the election of Deputy Mayor of the Borough of Hyndburn for the Municipal Year 2019/20.  It was proposed by Councillor Tony Dobson and seconded by Councillor Miles Parkinson that Councillor Kath Pratt be elected to the Office of Deputy Mayor.

Resolved                              -     That, in pursuance of Section 23 of the Local Government Act 1972, Councillor Kath Pratt be elected to the Office of Deputy Mayor of the Borough of Hyndburn for the Municipal Year 2019/20.

Councillor Pratt read and signed the Declaration of Acceptance of Office of Deputy Mayor.

Apologies for absence were submitted from Councillors Jean Battle and Patrick McGinley.

There were no declarations of interest.

There were no dispensations.

Mayor

The Mayor announced the sad passing of Freeman of the Borough, Irene Barnes of Durham Drive, Oswaldtwistle, on Saturday 27^th April 2019, aged 88 years.

During her life, Irene had worked at Mullards for 35 years and for many years was a loyal and dedicated committee member of the Arthritis Society as well as a member of Rhyddings Methodist Church.  She and her late husband were involved with many local voluntary organisations and were also singers and entertainers.  In recognition of all her charity work she was awarded with the Freedom of the Borough by the Council in 2010.

Councillors Judith Addison and Miles Parkinson also spoke about Irene’s achievements.

One minute’s silence was held as a mark of respect for Irene’s passing and in celebration of her life.

Leader of the Council

The Leader of the Council, Miles Parkinson, announced that this had been a very fruitful year for the Borough, with the following achievements of note:-

Significant investment had been made by the Andy Holt, Chairman of Accrington Stanley FC in the football club.  The team had consolidated its league position with for a second consecutive season in League One.  Some £300k was due to be spent on the pitch and other facilities over the summer period.  The club was an important asset to the town and the Borough and had not only been saved, but was flourishing.  The club’s name was known across the world.  The Council wished all the best to the club, its players and its supporters.

The Council had recently concluded a lease of Highams Playing Fields to the Accrington Stanley Community Trust.  The project would attract around £1M of investment, which would provide a facility for all.  The Trust would engage with all sectors of society, including the people with a disability and other groups.  The Trust’s Chief Executive Officer, Martin Fearon, was applauded for his efforts to make this challenging project a reality.  It was anticipated that further recognition of this project would flow from its achievements in the future.

It was also right to recognise the hard work and achievements of those councillors who had not been returned at the recent elections, namely former Councillors Lisa Allen and Gareth Molineux.  Both had carried out the difficult job of public office with the conviction of their own different political views, but with a common aim to make the Borough a better place.  On behalf of the Council, he thanked those individuals for their service.

Councillor Tony Dobson concurred with the comments made by the Leader about Hyndburn’s successes and added his congratulations to the three newly elected councillors, with the hope that they enjoy their new role and help to make a positive contribution to the work of the Council.

To confirm as a correct record the Minutes of the last Council meeting held on 21^st March 2019 (attached).

The Minutes of the meeting of the Council held on 21^st March 2019 were submitted for approval as a correct record.

Resolved                              -     That the Minutes of the Council meeting held on the 21^st March 2019 be approved as a correct record.

Report attached.

Council was asked to appoint a Leader of the Council for a four-year term, from this meeting until the Council’s Annual Meeting in May 2023.  In December 2010, the Council had adopted the Leader and Cabinet model of governance, in accordance with the Local Government and Public Involvement in Health Act 2007.  Under this arrangement, Council would elect a Leader for a four-year term.  Councillor Miles Parkinson was duly elected Leader in May 2011.  The Localism Act 2011 had subsequently taken out the requirement for the Leader to be elected for a four-year term, leaving the duration of tenure to local choice.  It was nevertheless recommended that the Leader be elected for a four-year term.

Resolved                              -     That Councillor Miles Parkinson be elected Leader of the Council for a further four years, his term of office ending at the Council’s Annual Meeting in May 2023.

Report attached.

The declaration of the Returning Officer of those elected at the local elections held on 2^nd May 2019 was submitted as follows:-

Report attached.

A report seeking approval for the Scheme of Delegation of Non-Executive Functions to Officers for 2019/20 was submitted.  It was a requirement of the Council’s Constitution that the Scheme be approved annually at the Council’s Annual General Meeting.

It was also good practice to review the Scheme of Delegation regularly to keep it up to date and help to ensure the Council’s decision-making processes operated as effectively as possible and in accordance with legal requirements.  The amendments to the Scheme related to legislative changes, officer duties and responsibilities along with changes of job titles and specific delegations to the Head of Regeneration and Housing in connection with grants to voluntary sector bodies regarding homelessness duties and changes to rent levels for garage plots.

Resolved                              -     That the 2019/20 Scheme of Delegation to Officers, as proposed in the Schedule to the report, be agreed.

Report attached.

A report on the annual review of the Council’s written Constitution was submitted, which sought approval for a number of changes.  The report acknowledged that a review of the Financial Procedure Rules and Budget and Policy Framework had taken place, but that neither document required amendment.  However, changes were proposed in relation to the deadline for the receipt of public questions for Council meetings; the process for dealing with petitions; and clarification of the restrictions as to voting by substitute members arriving late at a meeting.

In accordance with Council Procedure rule A12(a) the Leader of the Council, Councillor Miles Parkinson, altered the written motion in the report by the addition of the following sub-section

“(3)    That it be agreed that the wording at Rule A23.3 of the Council Procedure Rules is amended to omit the words “a member of the Council’s executive or”

The consent of the meeting was given to the alteration.

It was clarified that the above alteration would not affect the restriction on the leader or deputy leader of a political group represented on the Council from acting as mayoress or consort.

A number of councillors spoke against the proposed changes to Rule A23.3.  The Leader of the Council reminded Members that the Constitution was reviewed every year and was intended to be a fluid document, which could adapt to changes in circumstances.

In accordance with Council Procedure Rule 16.5, six members present requested that a recorded vote be taken.  The votes were recorded as follows:-

For the Motion:

Councillors Mohammad Ayub, Stephen Button, Andrew Clegg, Loraine Cox, Paul Cox, Munsif Dad, Stewart Eaves, Diane Fielding, June Harrison, Stephanie Haworth, Eamonn Higgins, Chris Knight, Jenny Molineux, Dave Parkins, Bernadette Parkinson, Miles Parkinson, Joyce Plummer and Paddy Short (18).

Against the Motion:

Judith Addison, Josh Allen, Sara Britcliffe, Tony Dobson, Marlene Haworth, Terry Hurn, Michael Miller, Kath Pratt and Jeff Scales (9)

Abstentions:

Noordad Aziz, Melissa Fisher, Glen Harrison, Abdul Khan, Tim O’Kane and Kate Walsh (6)

The motion was therefore carried.

Resolved                           (1)     That it be noted that a review of the Financial Procedure Rules and the Budget & Policy Framework Procedure Rules has taken place but it has been concluded that neither of these currently require amendment;

(2)     That it be agreed that Rule A2.2(vi) of the Council Procedure Rules is amended, as set out in paragraph 3.2 of the report;

(3)     That it be agreed that the wording at Rule A23.3 of the Council Procedure Rules is amended to omit the words “a member of the Council’s executive or”;

(4)       That it be agreed that Rule A25 of the Council Procedure rules is amended, as set out in Appendix 2 to the report; and

(5)     That it be agreed that Rule 26.8 of the Council Procedure Rules is amended by the insertion of Section (g) as set out in Appendix 2 to the report.

Report attached.

A report seeking approval of the Planning and Licensing Codes of Practice following an annual review of the same was submitted.  Local Authorities were recommended, as a matter of good practice, to supplement their Member Code of Conduct with specific Codes of Practice to assist Members involved in the planning and licensing processes.

Resolved                           (1)     That the Planning and Licensing Codes of Practice appended to the report, be approved; and,

                                           (2)     That it be noted that training would be arranged for all Members of the Planning and Licensing Committees in respect of their respective Code of Practice as soon as possible in the new Municipal Year.

To approve the Timetable of Meetings for the Municipal Year 2019/20 (attached).

The proposed Timetable of Meetings for 2019/20 was submitted for approval.

Resolved                               -    That the Timetable of Meetings for 2019/20 be approved.

Report attached.

A report relating to the annual attendance of Members at Council meetings held in 2018/19 was submitted for information.  The report detailing the attendance of Councillors at eligible meetings of the Council was submitted each year to the Annual General Meeting of the Council.

Resolved                              -     That the attendance report be noted.

The following item was submitted as urgent business with the Chair’s agreement in accordance with Section 100B(4) of the Local Government Act 1972, the reason being to ensure that Committees, Sub-Committees, Panels and Working Groups could be constituted without delay.

Report attached.

The Leader of the Council submitted proposals for the appointment of Committees, Sub-Committees, Panels and Working Groups for the Municipal Year 2019/20, including the Terms of Reference for those bodies.  Proposals for membership of those bodies were tabled at the meeting.

Resolved                           (1)     That the Terms of Reference of Council, Cabinet and other constituted bodies as outlined in Appendices 1 and 2 of the report be approved and the Council’s Constitution (Part 3 – Responsibility or Functions) be amended accordingly;

                                           (2)     That the political composition of those Committees and Sub-Committees of the Council, as set out in Paragraph 4.3 of the report, be approved;

                                           (3)     That the membership of those Committees and Sub-Committees and the proposed Chairs and Vice-Chairs, as set out in the Appendix tabled at the meeting, be approved;

                                           (4)     That the membership of Panels and Working Groups, together with the proposed Chairs, as set out in the Appendix tabled at the meeting, be approved;

                                           (5)     That the membership of Cabinet and the allocation of Portfolio responsibilities for 2019/20, as set out in the Appendix tabled at the meeting, be noted; and,

                                           (6)     That a Councillor unable to attend a meeting of which he/she is a member, be authorised to appoint a Councillor not serving on that particular Committee, Sub-Committee, Panel or Working Group to act as a substitute in accordance with Council Procedure Rule A26.8.

The following item was submitted as urgent business with the Chair’s agreement in accordance with Section 100B(4) of the Local Government Act 1972, the reason being to ensure that Co-optees could be appointed to Overview and Scrutiny Committees without delay.

Report attached.

A report on recommendations for the appointment of co-optees to the Council’s Overview and Scrutiny Committees was presented.

Councillor Tony Dobson raised a concern that this item had not been published sooner and queried the level of expertise of Mr Gareth Molineux as a proposed Co-optee of the Resources Overview and Scrutiny Committee.  Councillor Marlene Haworth expressed a view that all Co-optees should be able to demonstrate an appropriate level of expert knowledge.

The Leader of the Council responded that Mr Molineux had been the relevant portfolio holder for Resources during his recent term of office as a councillor and was, therefore, suitably qualified for the role of Co-optee.

Resolved                           (1)     That approval be given to the following re-appointments of Co-optees to the Resources Overview and Scrutiny Committee:

-     Honorary Alderman Paul Barton

-     Honorary Alderman Ian Ormerod

-     Honorary Freeman Bernard Dawson

(2)     That approval be given to the following Re-appointment of Co-optees to the Communities and Wellbeing Overview and Scrutiny Committee:

-     Honorary Freeman Bernard Dawson

(3)     That it be noted that the previous appointment of Honorary Alderman Doug Hayes as Co-optee to the Communities and Wellbeing Overview and Scrutiny Committee covers the 2019/20 Municipal Year.

(4)     That it be agreed to amend Rule C2 of the Overview and Scrutiny Procedure Rules as set out in the Appendix to this report

(5)     That approval be given to the appointment of Gareth Molineux as new Co-optee to the Resources Overview and Scrutiny Committee.

The following item was submitted as urgent business with the Chair’s agreement in accordance with Section 100B(4) of the Local Government Act 1972, the reason being to ensure that the appointments to outside bodies and other organisations were made without delay.

Report attached.

A report relating to the appointment of Council representatives to Outside Bodies and Organisations for the Municipal Year 2019/20 was submitted for approval.  The proposed appointments were tabled at the meeting as Appendix A to the report.   

In accordance with the Council’s Procedure Rule A1.2(x), the Council was required to receive nominations and appoint to outside bodies and organisations, except where appointment to those bodies had been delegated by the Council or was exercisable only by the Executive.

Resolved                      -    That the appointments to Outside Bodies and Organisations for the Municipal Year 2019/20, as set out in Appendix A to the report, be approved.