Agenda and minutes

The Executive Director (Business Connections) introduced his report which detailed the proposed Revenue Budget for 2004?2005 and the Three Year Medium Term Budget Strategy for 2004?2005 to 2006?2007.

The Chair indicated that his Group would be submitting detailed amendments direct to Council on 26 February 2004.  The Portfolio Holder for Finance, Human Resources and Performance Management indicated that the amendments would be made available to the other Groups prior to Council.

Members noted that the Conservative Group would make their detailed budget proposals available on 23 February 2004.

In response to a question in relation to the anticipated increase in Members’ Allowances  and the £20,000 cost highlighted in the report elsewhere on the agenda on the recruitment and retention of School Governors, the Chair indicated that a number of issues required consideration and requested a further discussion with Members. On the advice of the Borough Solicitor, the Chair proposed an amendment to the recommendation to Council in respect of Members’ Allowances.

Cabinet considered and noted the various consultation minutes, references and recommendations attached as appendices to the report of the Chief Executive and Executive Director (Business Connections).

Cabinet, having noted the responses to the consultation, agreed the Budget and Council Tax Resolutions, authorised the Executive Director (Business Connections) to report directly to Council on any changes required to the Greater London Authority precept

Resolved to RECOMMEND:

(1)  That Council consider the budget options and approve a budget to enable the Council Tax for 2004?2005 to be set;

(2)  that the model Council Tax Resolution set out below be approved;

Council Tax Resolutions

(A)                To note that at its meeting on 22 January 2004 the Council calculated the amount of 83,652 as its Council Tax Base for the year 2004-2005 in accordance with Regulation 3 of the Local Authorities (Calculation of Council Tax Base) Regulations 1992 made under Section 33 (5) of the Local Government Finance Act 1992.

(B)                That the following amounts be now calculated by the Council for the year 2004?2005, in accordance with Sections 32 to 36 of the Local Government Finance Act 1992;

Members considered the report of the Executive Directors of Urban Living and Business Connections, which sought approval to make changes in management of the capital programme to confirm fixed elements of this year’s programme and the ‘Prudential Borrowing’ Indicators.

The Interim Director of Finance reported that, throughout the year, the new ‘Prudential Borrowing’ Indicators had emerged from the Government.  Members noted that from these, the Council must integrate as far as possible, its capital and revenue spending plans.  The Interim Director of Finance reported that the Government, in consultation with CIPFA, had changed the way the Council dealt with capital financing.  The new requirements meant that the Council needed to look at its overall borrowing levels.  The current level of external debt was £163m but did not have to start to be repaid until 2006.

Cabinet, having agreed recommendations in relation to capital programme management, delegations, the fixed capital programme and requested Member training on ‘Prudential Borrowing’ Indicators,

Resolved to RECOMMEND:

That the ‘Prudential Borrowing’ Indicators set out in Appendix 1 to the report of the Executive Directors of Urban Living and Business Connections be approved.

Reason for Recommendation:  To improve the management and delivery of the Capital Programme whilst operating under the new ‘Prudential Borrowing’ Indicators.

(See also minute 434)

To receive declaration of interest (if any) from Members of the Cabinet.

The Borough Solicitor circulated details of Cabinet Members declared personal interests in the Budget. Councillor Lyne declared that she had a personal interest in that she was a shadow board Member of the Arms Length Management Organisation

RESOLVED:  To note the interests declared and circulated and that Members would remain in the room whilst all matters were considered and voted upon.

Of the Cabinet meeting held on 13 January 2004, having been circulated, to be taken as read and signed as a correct record.

RESOLVED:  That the minutes of the meeting held on 13 January 2004, having been circulated, be taken as read and signed as a correct record.

To consider whether any of the items listed on the agenda should be considered with the press and public excluded.

A Member expressed concern at the number of late items and supplemental agendas.  This was not acceptable and caused confusion.

The Chair indicated that he would vary the order of business so that the items of particular public interest, namely the Annual Audit and Relationship Managers Letters 2002?03 and the Medium Term Revenue Budget Strategy 2004/7 and Revenue Budget 2004/5, be considered after Public Question Time.

RESOLVED:  That all business be considered with the press and public present.

To receive petitions (if any) submitted by members of the public/Councillors.

Councillor Dighé presented a petition containing 130 signatures from residents of Kenton Park Avenue.  Councillor Dighé read the terms of the petition to the meeting which were as follows:-

“Re: Traffic Control on - Kenton Park Avenue - Kenton Park Road:

I the undersigned resident of Kenton Park Road have received the above mentioned letter dated 24 November 2003 (copy enclosed).  I fully support proposal D (erecting a barrier at the junction of Kenton Park Avenue and Kenton Park Road as per enclosed diagram) and to have a filter traffic light to turn right from Kenton Road on to Kenton Lane.”

RESOLVED:  That the petition be received and forwarded to the relevant officers.

To receive any public questions received in accordance with paragraph 15 of the Executive Procedure Rules.

(Note:  Paragraph 15 of the Executive Procedure Rules stipulates that questions will be asked in the order notice of them was received and that there be a time limit of 15 minutes.)

The Chair indicated that, in accordance with Executive Procedure Rule 15.1, a question submitted by Mr Daver was not permissible as it related to an individual case and details of which were included in the confidential report circulated on the Cabinet Information Circular.

Members noted that the time limit on public questions would not be applied.

RESOLVED:  To note the following public questions had been received:-

1.

3.

4.

[Note:  Oral answers were provided to the above questions and, under the provisions of Executive Procedure Rule 15.4, each questioner asked one supplementary question which was additionally answered.]

Report of the Executive Director (Business Connections) and Executive Director (Organisational Development)

Nigel Johnson, of Deloitte and Touche, the Council’s External Auditors, introduced the Annual Audit Letter which covered their first year of work.  He reported that the main findings were set out in the Executive Summary to the Letter.  He highlighted that the Council had made improvements in relation to financial planning.  A clear opinion had been given on the Council’s accounts for 2002, and had been reported to a sub-committee of the Overview and Scrutiny Committee in December 2003.  Members noted from the Relationship Manager’s letter that the qualitative assessment had moved the Council from weak to fair, indicating that the Council was moving in the right direction.

Mr Johnson reported that the Council had improved its data collection arrangements in respect of performance indicators and that the External Auditors intended to examine performance management arrangements in 2004.  Mr Johnson reported that there were some issues in relation to internal control but acknowledged that the Council was working to put improved systems in place in relation to risk management.

The Executive Director (Organisational Development) introduced the Relationship Manager’s Letter which had been received in lieu of a corporate re-assessment.

RESOLVED:  (1) That the contents of the Annual Audit and Relationship Manager Letters be noted and that the proposed Action Plan, set out in Appendix 1 to the Audit Letter, to meet the recommendations within those letters be endorsed;

(2)  To note that the letters would be considered by the Overview and Scrutiny Committee at their next meeting.

Reason for Decision:  To meet the statutory requirement for the Executive to consider the contents of the Annual Audit and Relationship Manager letters.

(See also Recommendation I).

The Executive Director (Business Connections) introduced the report which aimed to facilitate the Cabinet’s recommendation to full Council about its revenue budget for 2004?2005 and a three year Medium Term Budget Strategy for 2004?2005 to 2006?2007. 

The Executive Director (Business Connections) outlined the content of his report.  He advised that the Greater London Authority (GLA) would be meeting on 18 February 2004 to consider the Mayor for London’s 2004/5 consolidated budget requirement of £2.813m.  He therefore sought Cabinet authority to report direct to Council, as part of the summons, on any changes to the GLA precept.

In response to a Member’s proposed amendment, Cabinet agreed that alternative methods of consultation for next year’s budget were required.

Cabinet, having made recommendations to Council in relation to the budget and Model Council Tax Resolution, the Initial Medium Term Budget Strategy, the General Fund Reserves, Virement Rules and Members’ Allowances,

RESOLVED:  (1) That the budget and Council Tax resolutions be agreed and that the Executive Director (Business Connections) be authorised to report directly to Council, as part of the Summons for Council, any changes required to the Greater London Authority  precept when the latter was notified to the Council;

(2)  that Cabinet notes the responses to the consultation and thanks the stakeholders and members of the public who had responded to the consultation on the budget whose views had been valuable in shaping the Council’s budget and the Medium Term Budget Strategy;

(3)  that, for next year, consideration be given to alternative methods of public consultation, including a statistically representative sample method.

Reason for Decision:  To meet the agreed budget timetable to prepare a 2004-05 budget and set a balanced budget and a Council Tax within the statutory deadline.

Report of the Chief Executive and Executive Director (Business Connections)

The Executive Director (Business Connections) introduced the report which set out the fees and charges collected by the service departments for the current year together with the proposed charges for 2004-2005.  He drew Members’ attention to the recommendations from the Traffic and Road Safety Advisory Panel in relation to charges for business parking permits.

In response to a Member’s question in relation to the increase in playscheme charges, the Executive Director (People First) reported that the lead officer had examined the playscheme market in the context of a need for equity.  He reported that other local authorities charged £11.00 – £12.00 a day and therefore the proposed charges were in line with the charges elsewhere.  The Portfolio Holder for Education and Lifelong Learning indicated that, in light of comments made, the possibility of phasing in increased charges for playschemes would be considered.

The Executive Director (Urban Living) explained, in response to a Member’s question in relation to charges for disposal of trade waste at the Civic Amenity Site, that the Council had to recover all of its costs

In respect of the recommendation from the Traffic and Road Safety Advisory Panel, a Member sought clarification on the zones D, E and F.

RESOLVED:  (1) That the recommended charges for 2004-2005 set out in Appendices B, C, D and E to the report of the Chief Executive and the Executive Director (Business Connections) be approved;

(2)  that subject to the checking of zones D, E and F, the charge for on-street business parking permits be set at £300 pa to apply to all controlled parking zones in the borough, except Harrow Town Centre (defined for this purpose as Zones D, E and F and the area abounded by D, E and F) set out in Appendix E of the report of the Interim Head of Environment and Transport considered by the Traffic and Road Safety Advisory Panel on 3 December 2003 be approved, where adequate off-street parking space was available for businesses;

(3)  that proposals to phase the increase in charges for playschemes be investigated.

Reason for Decision:  To enable the revised charges to be implemented and in the case of parking to manage traffic.

Presentation

Cabinet received a presentation on the Harrow Vitality Profile from the Interim Director of Strategy (Urban Living) and the Funding Officer (Urban Living). 

The Funding Officer reported that the Harrow Vitality Profile gave a dynamic electronic picture of Harrow and its’ people.  He reported on the possible uses of the profiles and indicated that they would assist in determining future areas for the New Harrow Project roll-out as well as being useful for the development of the Community Strategy.

The Funding Officer reported that the vitality profiles would be published shortly and that ward maps and detailed information would be made available to Members.

The Chair thanked the officers for their presentation and requested that Cabinet’s congratulations be conveyed to all officers involved in the production of the Harrow Vitality Profiles.

The Chief Executive advised, in response to a Member’s query, that she had requested Executive Directors to consider whether there were any key decisions beyond March 2004 for inclusion in the Forward Plan.

RESOLVED:  To note the Forward Plan for the period 1 February 2004 – 31 May 2004.

Members received a report from the Executive Director (People First) in relation to a reference from the Lifelong Learning Scrutiny Sub-Committee on the Scrutiny Review of Recruitment and Retention of School Governors.

The Chair indicated that as there was currently no provision within the Medium Term Revenue Budget Strategy to implement the recommendations of the Scrutiny Sub?Committee, the matter be referred to the Portfolio Holder for Education and Lifelong Learning for consideration who would then report back to Cabinet on his findings.

RESOLVED:  (1) That the reference form the Lifelong Learning Scrutiny Sub-Committee in relation to the Review of Recruitment and Retention of School Governors be referred to the Portfolio Holder for Education and Lifelong Learning for consideration;

(2)  that the Portfolio Holder for Education and Lifelong Learning be requested to submit a report to a future meeting of Cabinet, once his investigation was complete.

Reason for Decision:  To respond to the Lifelong Learning Scrutiny Sub-Committee on its recommendations.

Report of the Executive Director (Business Connections)

The Executive Director (Business Connections) introduced the report which set out revisions to the report considered by Cabinet on 13 January 2004 in order to comply with the requirement of the Local Government and Housing Act 1989 to produce a balanced budget.  This followed changes to information available at the meeting on 13 January 2004.  He also drew Members’ attention to the addendum report circulated on the supplemental agenda.

RESOLVED:  (1) That the revised HRA budget for 2003-2004 be approved;

(2)  that the 2004-2005 HRA budget be approved;

(3)  that the 3 year HRA budget projections be approved;

(4)  that the proposed level of working balance at 2.0% minimum and 3.05 optimum of gross expenditure be approved and be achieved over the life of the current Medium Term Budget Strategy;

(5)  that the revised capital financing strategy be approved, in accordance with prudential guidelines;

(6)  that the usage of the additional subsidy, as set out in paragraph 5.20 of the report of the Executive Director (Business Connections) be approved;

(7)  that the inclusion of estimates on a possible Arms Length Management Organisation be noted;

(8)  that the IT development be approved, subject to compliance with the overall Corporate IT Strategy;

(9)  that the increase in Sheltered Accommodation charges for those not eligible for financial support by 71p per week to £25.88 as set out in paragraph 5.21 of the report of the Executive Director (Business Connections) be approved;

(10)  that the proposals set out in paragraph 5.25 of the report of the Executive Director (Business Connections) on future action be endorsed;

(11)  that the rent increase approved by Cabinet and Council on 13 and 22 January 2004 respectively be confirmed.

Reason for Decision:  To comply with the requirement of theLocal Government and Housing Act 1989 and produce a balanced budget for 2004-2005.

Report of the Executive Director (Business Connections)

(See also Recommendation II)

The Interim Director of Strategy (Urban Living) introduced the report, which sought approval to make changes in management of the Capital Programme to confirm fixed elements of this year’s programme.  He advised Members of the omitted paragraph 6.2 of the report indicating that a project plan would be prepared for the Corporate Management Team in March.

The Interim Director of Strategy (Urban Living) reported that advice was awaited in relation to the Disabled Facilities Grants and Improvement Grants and would be reported to Cabinet in March 2004.

In response to a question about the delegations detailed at recommendations 2.2. of the report, the Executive Director (Business Connections) advised that the delegations should be either to the Portfolio Holder or the Executive Director.  The Portfolio Holder for Finance, Human Resources and Performance Management indicated that he would consult the other Groups but urged Cabinet to agree the proposed recommendation, subject to a minor wording addition to the recommendation on Small Project/New Innovations Fund.

Cabinet having made a recommendation to Council in relation to the ‘Prudential Borrowing’ indicators and requested Member training on this topic,

RESOLVED: (1) That the improvements to capital programme management set out in paragraph 6.1(a) to (c) of the report of the Executive Directors of Urban Living and Business Connections be approved;

(2)  that the following delegations be approved:-

6.1 c(ii)  Invest to Save Fund – Executive Director (Business Connections) in consultation with the Portfolio Holder for Finance, Human Resources and Performance Management;

6.1c(iii) Small Projects/New Innovations Fund – Executive Director (Business Connections) in consultation with the Portfolio Holder for Finance, Human Resources and Performance Management.

(3)  that the development of the project plan set out in paragraph 6.2 of the report of the Executive Directors (Urban Living) and (Business Connections) be approved;

(4)  that the fixed capital programme set out in paragraph 6.3 of the report of the Executive Directors  of Urban Living and Business Connections be confirmed.

Reason for Decision:  To improve the management and delivery of the Capital Programme whilst operating under the new ‘Prudential Borrowing’ indicators.

The Executive Director (People First) introduced the report which proposed options to change the Fair Funding Formula and Scheme for Financing Schools for 2004?2005.

The Portfolio Holder for Education and Lifelong Learning proposed an amendment in relation to SEN Phase 3 Delegation and it was

RESOLVED:  (1) That the changes to the Fair Funding Formula and Scheme for Financing Schools for 2004-2005 as outlined in the report of the Executive Director (People First) be approved;

(2)  that the section of the report dealing with Special Educational Needs (SEN) Phase 3 delegations and the need for further work be noted;

(3)  that a paper on SEN Phase 3 delegations be prepared for submission to Cabinet, containing more detailed proposals, taking on board concerns expressed by various parties, with a view to a wide consultation with schools, governors, parents and other relevant stakeholders.

Reason for Decision:  To meet the requirement to distribute school budget shares before 31 March 2004.

Report of the Executive Director (Business Connections)

The Executive Director (Business Connection) introduced the report which set out the estimated overall financial position for the Council as at 31 December 2003.  He reported that the Appendices to the report provided monitoring details for those services reporting budget issues arising from 1 April – 31 December 2003.

The Executive Director (Business Connections) reported that table 1 of his report excluded the further savings on National Non Domestic Rates ( - £0.186m) on the depot and car parks and the additional reduction in the provision for the cost of implementation of single status in the current year (- £0.300m), taken to balances.

In response to a question in relation to bad debt provision, the Executive Director (Business Connections) advised that it was proposed to increase it to the level recommended by the External Auditor.

RESOLVED:  (1)  That the current revenue budget position be noted;

(2)  that the transfer of the additional NNDR rebate and reduction in Single Status to General Fund Reserves be approved;

(3)  that the virements set out in table 2 of the report of the Executive Director (Business Connections) be approved;

(4)  that the management action proposed to bring the budget into line in the current year be noted;

(5)  that, where an overspend remains, Directors be instructed to identify savings as a first priority to bring the budget into line within 2003?2004, and that if at year end an overspend remains, this be carried forward to the relevant directorate budget for 2004?2005.

Reason for Decision:  To effectively monitor the Council’s budget.

Report of the Executive Director (Business Connections)

The Executive Director (Business Connections) introduced the report which provided an update on the current Capital Programme and sought approval to some additional items.  The report also detailed a forecast of the Capital Expenditure for 2003?2004 and future years.

RESOLVED:  That the addition to the Capital Investment Plan of the schemes itemised in paragraph 6.3 of the report of the Executive Director (Business Connections) totalling £1.56m for which either additional funding was available or could be met from re-phasing in the current year be approved.

Reason for Decision:  To develop and manage the Council’s Capital Investment Plan.

Report of the Executive Director (Urban Living)

The Executive Director (Urban Living) introduced the report which set out the proposal to bid for an additional £1.368m funding from the London Recycling Fund to enable Harrow to continue to make progress towards meeting its statutory recycling target of 25.2%.

The Executive Director (Urban Living) reported a correction to paragraph 1.1 of his report that a second round serving an additional 12,000 householders had also been funded by the London Recycling Fund and to paragraph 8.1 in that if the bid were successful, there would need to be a supplementary estimate to the current Medium Term Budget Strategy proposals.

In response to a question relating to the employment of two additional recycling officers, the Executive Director (Urban Living) reported that if funding were no longer available those officers would seek to improve recycling, education and promotion.  The current proposal would mean that these two additional officers would be retained but that their position would be reviewed depending on recycling performance.  He added that if the Council achieved its target, there would be a significant grant available.

RESOLVED:  (1) That the Area Director (Urban Living) be authorised to submit a bid to the London Recycling Fund to provide a scheme for the separate collection of organic waste to cover the remainder of the Borough;

(2)  that two additional recycling officers be employed to promote the council’s waste policies should the bid to the London Recycling Fund prove successful.

Reason for decision:  To allow the Council to make progress in meeting its statutory recycling targets.

Report of the Director of Professional Services (Urban Living)

The Executive Director (Urban Living) introduced the report which sought approval for the making of a Compulsory Purchase Order pursuant to Section 17 of the Housing Act 1985 to bring back into use 8 Carlton Avenue, Kenton, a long term empty property.  Members noted that authority was also sought for the Borough Solicitor to proceed with requisitions for information under Section 16 of the Local Government (Miscellaneous Provisions) Act 1976 for empty properties where it was believed that pursuing Compulsory Purchase Order action was the only option available to officers.

RESOLVED:  (1) That a Compulsory Purchase Order under Sections 17(1)(b) and 578 of the Housing Act 1985 be authorised;

(2)  that the reasons for making the Order be its long term empty status, its condition, and the Council’s intention to bring it back into residential use, and such other ancillary case as the Borough Solicitor considers appropriate;

(3)  that the Borough Solicitor be authorised to make and seal the Order, serve notice of it, submit it for confirmation, deal with any objections including a Public Inquiry, and upon confirmation as he considers appropriate, either seal a General Vesting Declaration and take all steps in connection there with or serve notices to treat and of entry;

(4)  that all other action considered necessary by the Borough Solicitor be authorised, including the service of notices requiring information under Section 16 of the Local Government (Miscellaneous Provisions) Act 1976 and prosecution in the event of failure to reply to such a notice or give false information;

(5)  to delegate to the Borough Solicitor authority in any other empty property cases, where the Council or Officers are considering compulsory purchase, the powers to serve notices requiring information under section 16 of the Local Government (Miscellaneous Provisions) Act 1976 and to prosecute for failure to reply to such a notice or give false information.

Reason for Decision:  In line with the Council’s Empty Homes Strategy, this action was being sought as a last resort to bring this property back into beneficial use, following protracted attempts at negotiations and numerous complaints from local residents.

Report of the Chief Executive

The Chief Executive informed Cabinet of the decision of the Association of London Government’s Leaders’ Committee to recommend that all London Boroughs, the City of Westminster and Corporation of London adopt a resolution on Local Authority Gold Command and Control in the event of catastrophic incident.

The Chief Executive reported that the proposed resolution would only become operative when the Government had declared a catastrophic incident. She added that, since the preparation of the report, her name had been included on the rota of Local Authority “Gold”.

RESOLVED:  (1)  That the resolution prepared by the Association of London Government attached as Appendix A be approved;

(2)  that the Chief Executive inform the Association of London Government of the Council’s adoption of the Local Authority Gold Resolution.

Reason for Decision:  To ensure satisfactory contingency arrangements for any catastrophe which occurs.

Report of the Chief Executive

The Chief Executive introduced the report which outlined the procedure for entering into a new twinning arrangement with the town of Bhuj in the Gujerat.  She reported that the Council might be eligible for EU funding and that if the Council were to enter into twinning arrangements, clear objectives would be required.

The Portfolio Holder for Partnership and Property introduced his report, which formed an appendix to the officer report.  He reported that his visit to Bhuj had been useful and that the local municipality had publicly given its support to the twinning.  He added that he would forward the comments and decision of Cabinet onto the relevant individuals in Bhuj.

A Member expressed the view that it was necessary to be clear on the strategy for twinning and what the Council would hope to achieve from any twinning arrangements. He added that it would be useful to seek comparisons with other boroughs.

RESOLVED:  To note the report and to encourage co-operation between the Council and the organisation being established by the signatories to the letter reported to Cabinet on 13 January 2004 to further the necessary preliminary arrangements for twinning.

Reason for Decision:  Working with the local voluntary organisation is the best means of achieving a successful twinning arrangement.

Cabinet are requested to approve the appointment of Councillor John Branch as Councillor Paddy Lyne’s second reserve on the Budget Review Working Group.

RESOLVED:  That Councillor John Branch be appointed as second reserve on the Budget Review Working Group.

In accordance with the provisions of Executive Procedure Rule 22.2 (Part 4(d) of the Constitution), it was

RESOLVED:  At (1) 9.58 pm to continue until 10.20 pm; (2) at 10.18 pm to continue until 10.30 pm.