Agenda and minutes

Cabinet - Thursday 19 May 2011 7.30 pm

Venue: Committee Rooms 1 & 2, Harrow Civic Centre

Contact: Daksha Ghelani, Senior Democratic Services Officer  Tel: 020 8424 1881 E-mail:  daksha.ghelani@harrow.gov.uk

Items
No. Item

202.

Welcome and Cabinet Agenda

Minutes:

The Leader of the Council welcomed all to the meeting, including the new Portfolio Holder for Community and Cultural Services, Councillor David Perry, to his first ordinary meeting of Cabinet.

 

The Leader reported on the changes to the agenda.  He stated that agenda item 13, Transport Local Implementation Plan, would be considered before item 11 and invited the Portfolio Holder for Community and Cultural Services to report on a further change.

 

The Portfolio Holder for Community and Cultural Services referred to the report at agenda item 17, ‘Review of Council Support through Community Premises and Community Letting’.  He stated that as a new Portfolio Holder he wanted the opportunity to consider further the results of the recently conducted consultation on the matter and recommended that the report be withdrawn from consideration.  This was agreed by Cabinet.

203.

Declarations of Interest

To receive declarations of personal or prejudicial interests arising from business to be transacted at this meeting from:

 

(a)               all Members of the Cabinet; and

(b)               all other Members present.

Minutes:

RESOLVED:  To note that the following interests were declared:

 

Agenda Item 11 – Concessionary Travel Mobility Assessments – Tender Evaluation and Appointment of Contractor Report

 

Councillor Barry Macleod-Cullinane declared a personal interest in that London Councils Limited administered freedom passes and that he was employed by them.  He would remain in the room to listen to the debate on the report and, should his interest become prejudicial, he would leave the room.

 

During the course of the meeting, Councillor Bob Currie declared a personal interest in that he was a Blue Badge holder.

 

Agenda Item 12 – Local Authority’s Strategic Role for Education in Harrow

 

Councillor Barry Macleod-Cullinane declared a personal interest in that his sister was a teacher at a school in Harrow.  He would remain in the room to listen to the debate on the report.

 

The Leader of the Council stated that with regard to this item, it would be assumed that a number of Members present at the meeting would have personal interests in their capacity as school governors and they would remain in the room either to listen to the debate or vote upon.

204.

Minutes pdf icon PDF 166 KB

That the minutes of the Cabinet meeting held on 7 April 2011 be taken as read and signed as a correct record.

Additional documents:

Minutes:

RESOLVED:  That the minutes of the meeting held on 7 April 2011 be taken as read and signed as a correct record.

205.

Petitions

To receive any petitions submitted by members of the public or Councillors.

Minutes:

Councillor Ajay Maru presented a petition from approximately 84 residents of Elgin Avenue, Kenton.  The terms of the petition were as follows:

 

“We the undersigned residents of Elgin Avenue, Kenton, call upon Harrow Council to take action to resolve the parking problems in our road, particularly at the junction of Elgin Avenue and Kenmore Avenue.”

 

RESOLVED:  That the petition be received and referred to the Traffic and Road Safety Advisory Panel for consideration.

206.

Public Questions

To receive any public questions received in accordance with paragraph 16 of the Executive Procedure Rules.

 

Questions will be asked in the order notice of them was received and there be a time limit of 15 minutes.

Minutes:

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

 

1.

 

Questioner:

 

Mrs Serena Middleton, Shop Mobility

 

Asked of:

 

Councillor David Perry, Portfolio Holder for Community and Cultural Services

 

Question:

Harrow Council has a duty of care to the young, elderly, disabled or carers in our community for access to wheelchairs and for hospital discharges in order for people to lead an independent life; whether it be social, medical or discharge from hospital.  Where are they going to get wheelchairs from?  At present, Harrow Wheelchair Service has no short term contract.

 

Answer:

 

Thank you for your question.

 

The Council does not have a statutory duty to provide wheelchairs.  This is the responsibility for our health colleagues and the Primary Care Trust (PCT) who run a Wheelchair Service based at Alexandra Polyclinic.  There are also a number of private organisations that offer wheelchairs for rent. 

 

Of course, we do have a duty of care to support all of our residents with substantial and critical needs.  Whatever their vulnerability, I am particularly keen to ensure that people we support are able to lead an independent life; however, in circumstances where a person is supported by Adult Social Care and receives a personal budget they can choose to use it to purchase the form of assistance they require to carry out their daily tasks of living which could include shopping.  This could also take the form of personal assistance or mobility aids where appropriate and required.

 

Supplemental Question:

 

At present, you are incorrect with the Wheelchair Service which is now at Hailsham Drive in Wealdstone.  There are 7,000 vulnerable people who use Shop Mobility in Harrow.  By not funding Shop Mobility you will be denying them the right to live independently and that is in breach of the Human Rights Act, the Discrimination Act and the Equality Opportunities Act.

 

Why are you doing this?

 

Cllr Perry:

In response to your question which is grant related, there has been a competitive process which has gone through.  On the subject of Call-In, it was not upheld, that was cross-party but with regard to users, the Council is happy to meet with users such as yourself and Shop Mobility to offer advice of ways and other means of seeking funding. 

 

Paul Najsarek:

(Corporate Director Adults and Housing)

 

To confirm, the Council is happy to meet outside the meeting with colleagues in Adult Services and other parts of the organisation to try and work out a way forward for Shop Mobility as best we can.

 

Cllr Stephenson:

If you have any other comments it will be better this is done around the table to try and find a solution.  Thank you again Mrs Middleton, much appreciated.

 

207.

Councillor Questions pdf icon PDF 18 KB

To receive any Councillor questions received in accordance with paragraph 17 of the Executive Procedure Rules.

 

Questions will be asked in the order notice of them was received and there be a time limit of 15 minutes.

Minutes:

RESOLVED:  To note the following Councillor Questions had been received:

 

1.

 

Questioner:

 

Councillor Kam Chana

Asked of:

 

Councillor Phillip O’Dell, Portfolio Holder for Environment and Community Safety

 

Question:

Can you provide an update on the work completed under the Salix energy saving loans project that was agreed by Cabinet in July 2010?

 

Answer:

I am pleased to report the Council has now completed a total of 15 projects of this scheme using £273,000 of SALIX funding. 

 

Supplemental Question:

 

Can you explain why in some cases officers were told in September last year that work under this scheme would be completed this year?  It has not happened.

 

Supplemental Answer:

I am happy to give you a written answer on that question because I do not have the facts at hand.

 

2.

 

Questioner:

 

Councillor Kam Chana

Asked of:

 

Councillor Phillip O’Dell, Portfolio Holder for Environment and Community Safety

 

Question:

What are the predicted financial savings of the RE:FIT scheme?

 

Answer:

 

It is too soon in the process to be able predict the financial savings that the scheme will produce.  Details will be available following the procurement process and reported back to Cabinet before a final decision is made on whether to proceed with the project.

 

Supplemental Question:

Do you think it is prudent to press ahead with such a scheme without precise information on cost savings, especially given that we are expected to pay back from savings made and there being no timeline for repayment?

 

Supplemental Answer:

Yes, I do think it is prudent for the Council or the Cabinet to agree to go ahead with it because it is vitally important that we try and reduce our carbon footprint, and Cabinet will have the chance to comment on the issues you raise once the final decision has been made whether to proceed with the project or not.

 

3.

 

Questioner:

 

Councillor Barry Macleod-Cullinane

Asked of:

 

Councillor Brian Gate, Portfolio Holder for Schools and Colleges

 

Question:

Given that those Harrow residents who will benefit from it the most are those facing the greatest financial difficulties, are there any plans to move the School Clothing Grant from being demand-led to being needs-led?

 

Answer:

 

This was considered by the Education Consultative Forum which, as you know, is a group of teacher unions, governors and Members from both the main parties.  The Council has looked at the options available to the consultation period held between 5 January and 4 February 2011 and the consultation that came back to us basically said that the Council should continue with this current policy but we also want to reduce the amount to £25 per family.

 

At present the decision is subject to Call-In until 20 May 2011.

 

At the moment there is no change to the policy that has actually been in place for a number of years.  The policy has not been reviewed for a number of years and decided to do it this way round to maintain the support to families that meet the policy criteria,  ...  view the full minutes text for item 207.

208.

Forward Plan May 2011 to August 2011 pdf icon PDF 97 KB

Minutes:

RESOLVED:  To note the contents of the Forward Plan for the period 1 May 2011 – 31 August 2011.

209.

Progress on Scrutiny Reports

Minutes:

RESOLVED:  To receive and note the progress of scrutiny reports.

210.

Reference to Cabinet - Attendance by Executive Members at Scrutiny Meetings pdf icon PDF 25 KB

For consideration.

Minutes:

RESOLVED:  That the reference from the Overview and Scrutiny Committee meeting held on 27 April 2011 be noted.

RECOMMENDED ITEMS

211.

Key Decision - Transport Local Implementation Plan pdf icon PDF 308 KB

Report of the Corporate Director Community and Environment.

 

Additional documents:

Minutes:

The Portfolio Holder for Environment and Community Safety introduced the report, which set out the changes made to the draft Transport Local Implementation Plan (LIP2).  He added that the LIP2 was a statutory document required by the Mayor of London, which had to show how the borough would implement the Mayor of London’s Transport Strategy locally.  The LIP2 contained all of Harrow’s transport objectives, policies, delivery plan, monitoring indicators and targets and was funded by the Transport for London (TfL).  Cabinet noted that the LIP2 would also contribute to the Council’s Corporate Priorities.

 

The Portfolio Holder thanked the Transport Policy Officer and staff in the Transportation Section for their work.

 

The Transport Policy Officerstated that extensive public consultation had been carried out and she was proud to report that the document had been commended by TfL.  It was particularly pleasing to have had positive feedback from TfL and would make Harrow the first of any London boroughs to have a Plan which was suitable to be recommended for approval by the Mayor of London.  She was confident that this would help future funding.

 

Cabinet was informed that the Council would work towards a selection of objectives and report to TfL on progress made, details of which would also be available publicly available.  Additionally, all equality groups would benefit from schemes introduced and these would particularly assist those with mobility problems.

 

The Corporate Director Community and Environment reported that the LIP2 would make a significant contribution to the Council’s Corporate Priorities, and congratulated the Transportation team for carrying out excellent stakeholder consultations.  He particularly thanked the Transport Policy Officer and the Service Manager – Traffic and Highway Network Management for their work.

 

It was noted that the LIP2 would require Council approval.

 

Resolved to RECOMMEND:  (to Council)

 

That the revised Transport Local Implementation Plan (LIP2) be adopted.

 

RESOLVED:  That

 

(1)               the Portfolio Holder for the Environment and Community Safety be authorised to adjust the planned programme of investment, subject to additional information on funding provided post approval of LIP2;

 

(2)               the reference from the Overview and Scrutiny Committee be noted.

 

Reason for Decision:  The LIP2 was a statutory document and would make a significant contribution to the Council’s Corporate Priorities.  The policies and programmes detailed would improve the environment.  Support healthy lifestyles, improve safety, promote equality and develop more integrated and sustainable modes of transport.

 

[Call-In only applies to the resolution].

RESOLVED ITEMS

212.

Establishment of Cabinet Committees, Advisory Panels, Consultative Forums and Appointment of Chairmen pdf icon PDF 42 KB

Additional documents:

Minutes:

The Chairman reported that the establishment of Cabinet Committees, nominations for Chairmen and membership of Cabinet Committees, Advisory Panels and Consultative Forums were before Members for consideration and approval.  In addition, Cabinet was requested to approve the appointment of Portfolio Holder Assistants, details of which had been tabled at the meeting.  A minor amendment to the tabled document, in that Councillor Zarina Khalid (Queensbury Ward) would also assist the Portfolio Holder for Schools and Colleges in that remit, was proposed.

 

RESOLVED:  That the establishment of Cabinet bodies and the appointments for the Municipal Year 2011/12, at Appendices I and II to these minutes, be approved.

 

Reason for Decision:  To enable Cabinet bodies to be convened and Portfolio Holder Assistants to commence their respective roles.

213.

Timetable for the Preparation and Consideration of Statutory Plans and Strategies 2011/12 pdf icon PDF 77 KB

Report of the Director of Legal and Governance Services.

Additional documents:

Minutes:

Cabinet considered a report of the Director of Legal and Governance Services, which set out the requirements of the Council’s Constitution in terms of the development of its policy framework and sought approval to the timetable for consideration of statutory plans and strategies.

 

RESOLVED:  That

 

(1)               the timetable for the preparation and consideration of the statutory plans and strategies, at Appendix A to the report, be approved;

 

(2)               variation to the timetable be reserved to the Leader of the Council.

 

Reason for Decision:  To comply with the requirements of paragraph 3 of the Budget and Policy Framework Procedure Rules set out in Section 4C of the Council’s Constitution.

214.

Motion referred to the Executive by Council on 14 April 2011 - Grants Advisory Panel pdf icon PDF 27 KB

Minutes:

RESOLVED:  That the Motion be noted and referred to the consultation taking place on grants.

215.

Key Decision - Concessionary Travel Mobility Assessments - Tender Evaluation and Appointment of Contractor Report pdf icon PDF 103 KB

Report of the Interim Director of Finance.

Minutes:

Cabinet considered a report of the Interim Director of Finance, together with a confidential appendix, which set out details following a review of the existing processes regarding concessionary travel mobility assessments.  It was noted that Harrow had committed to delivering a professional and consistent service to both improve outcomes and speed up the process.

 

Currently, assessments were carried out by ad hoc staff and outcomes were very much dependant on the experience or otherwise of the particular staff member the customer may have seen on a particular day.  In order to address the issue, Harrow had procured a contractor to carry out all mobility assessments to ensure future consistency of how assessments occurred and that, additionally, any assessments giving rise to eligibility, complied with national guidelines and audit requirements.

 

RESOLVED:  That, as a result of the evaluation of the tendering exercise, the contract be awarded to Access Independent.

 

Reason for Decision:  In order that mobility assessments can be carried out.

216.

Key Decision - Local Authority's Strategic Role for Education in Harrow pdf icon PDF 90 KB

Report of the Corporate Director Children’s Services.

Additional documents:

Minutes:

The Portfolio Holder for Schools and Colleges introduced the report, which outlined changes to the role of the Councils and schools arising from the Schools White Paper and the Education Bill.  The report also provided an update from the Education Consultative Forum.

 

The Portfolio Holder outlined the key changes being proposed to the role of Councils and explained why these changes were required.  It was becoming clear that there would be a reduced role for Councils in education services.  The role of an enabler, rather than education services provider was intended by the legislation going through Parliament.

 

Cabinet was informed that it was therefore timely for the Council to consider the role and purpose of existing consultation mechanisms, and he commended the report to Cabinet.

 

The Leader of the Council stated that the detail in the legislation would be crucial to local authorities.

 

RESOLVED:  That

 

(1)               Cabinet agrees in principle to the consultation mechanisms being reviewed and revised and recommendations being brought back to a future meeting of Cabinet;

 

(2)               a further report be received in the Autumn to confirm the progress in the following areas:

 

i.                    Decision Making and Consultation Forums

ii.                  Strategic Role for Schools

iii.                Support services for Schools.

 

Reason for Decision:  To initiate a discussion about the future role of the Council in the context of the Education Bill, which proposed significant change to the role of the Local Authority and its relationship with schools.  To note that any changes to the role of the Education Consultative Forum and Admissions Forum would entail changes to the Council’s Constitution, which would require decision by full Council.

217.

Key Decision - Climate Change Strategy Action Plan - Report back on Public Consultation and report back on the RE:FIT Scheme pdf icon PDF 77 KB

Report of the Corporate Director Community and Environment.

Additional documents:

Minutes:

The Portfolio Holder for Environment and Community Safety introduced the report, which set out the comments of the public consultation on the annual review of the Climate Change Strategy, including the draft responses.  The report also made reference to the proposed use of the London Development Agency’s (LDA) RE:FIT Scheme to retrofit energy efficiency measures into Council buildings.

 

The Portfolio Holder referred to the responses from stakeholders, including the timelines for consultation, many of which had been taken on board resulting in an up to date Action Plan.  The RE:FIT Scheme would allow the Council to procure energy efficiency retrofits for the building stock and, to achieve this, a competition was being planned.

 

It was noted that the Plan would go some way towards a reduction in the Council’s carbon footprint.

 

RESOLVED:  That

 

(1)               the results of the consultation be noted and the revised Climate Change Strategy Action Plan be approved for implementation;

 

(2)               the proposed use of the RE:FIT scheme on an initial programme of retro-fits be noted.

 

Reason for Decision:  To incorporate proposed changes into the Council’s Climate Change Strategy and Action Plan.  To make progress on achieving the Council’s target to reduce carbon emissions from its estate by 4% a year.

218.

Key Decision - Preliminary Flood Risk Assessment (PFRA) pdf icon PDF 94 KB

Report of the Corporate Director Community and Environment.

 

Additional documents:

Minutes:

Cabinet received a report on the Preliminary Flood Risk Assessment (PFRA), a high level screening exercise providing the evidence base for the Council to deliver a Flood Risk Management Strategy required under a EU Directive, transposed into UK Law in the Flood Risk Regulations 2009 (FRR).

 

It was noted that the PFRA had to be submitted to the Environment Agency (EA) and Regional Flood Defence Committee (RFDC) by 22 June 2011 so that it could undergo a technical area and national review before submission to the EU in order to comply with the Directive.

 

Funding had been granted to Harrow over a two year period to complete the exercise and undertake the first actions from the resulting Management Plan. The report sought approval to submit to DEFRA by the due date and support the next stage in the preparation and adoption of the resulting Management Plan.

 

RESOLVED:  That

 

(1)               the draft Preliminary Flood Risk Assessment be supported and submitted to the Environment Agency  and the Regional Flood Defence Committee;

 

(2)               the Portfolio Holder for Environment and Community Safety be authorised to sign the approved document.

 

Reason for Decision:  To comply with the Council’s obligations contained in the Flood Risk Regulations 2009 as required by the EU Floods Directive.

219.

Key Decision - Flats Recycling pdf icon PDF 77 KB

Report of the Corporate Director Community and Environment.

Minutes:

Cabinet received and welcomed a report of the Corporate Director Community and Environment, which sought approval to extend recycling to the remaining 8000 flats in the borough with the cost of the Scheme being met by a grant from the London Waste and Recycling Board (LWARB).

 

The Portfolio Holder for Environment and Community Safety applauded the proposed Scheme and stated that it was conditional upon the Council returning a signed and sealed agreement to the LWARB, including the Project and Communications Plans.  Upon completion in March 2012, the Scheme was expected to increase the amount of waste being recycled by 1.5% once fully implemented.  The current outturn figure was 50%.

 

RESOLVED:  That Cabinet

 

(1)               agrees to extend recycling to 8,000 flats in the borough;

 

(2)               approves the receipt of grant from the LWARB to the value of £381k and authorises the Corporate Director Community and Environment to expend the grant monies in accordance with LWARB’s conditions of funding.

 

Reason for Decision:  The Council reviewed its waste collection strategy in September 2009 and set out a target to extend kerbside/near-entrance recycling to all homes in the borough.  To allow 8,000 flats to be served by such systems from a grant from the LWARB to finance the costs of introducing the scheme.  Operational costs would be contained within the existing budget.

220.

Key Decision - Review of Council support through Community Premises and Community Lettings pdf icon PDF 147 KB

Report of the Corporate Director Community and Environment.

Minutes:

RESOLVED:  That the report be Withdrawn.

 

Reason for Decision:  To enable the new Portfolio Holder to consider further the results of the recently conducted consultation on the matter.

221.

Key Decision - First Phase Property Disposal Programme 2011/12 pdf icon PDF 89 KB

Report of the Corporate Director Place Shaping.

Additional documents:

Minutes:

Cabinet considered a report of the Corporate Director Place Shaping, together with a confidential appendix, which sets out proposals for the disposal of properties in the borough.

 

The Portfolio Holder for Property and Major Contracts stated that the properties were surplus to requirements, and confirmed that the proposals would not affect the operation of the North Harrow Library on Pinner Road.

 

RESOLVED:  That

 

(1)               the land and properties detailed in the report be declared as surplus;

 

(2)               the financial implications and projected sale prices detailed in Appendix 1 be noted;

 

(3)               the Corporate Director Place Shaping be authorised to take all action necessary, including capital expenditure on 429/433 Pinner Road, to dispose of the Council’s interest in the land and properties detailed in the report for the best consideration that can reasonably be obtained in.

 

Reason for Decision:  The disposals will generate a significant capital receipt for the Council, generate a revenue saving and reduce back log maintenance, thereby fulfilling part of the Place Shaping and Property Transformation Work Stream.

222.

Exclusion of Public and Press

Minutes:

RESOLVED:  That, in accordance with Part I of Schedule 12A to the Local Government Act 1972, the press and public be excluded from the meeting for the following items for the reasons set out below:

 

Item

Title

 

 

Reason

21.

 

 

 

 

22.

Concessionary Travel Mobility Assessments - Tender Evaluation and Appointment of Contractor Report

 

First Phase Property Disposal Programme 2011/12

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Information under paragraph 3 relating to the financial or business affairs of any particular person (including the authority holding that information).

 

 

223.

Key Decision - Concessionary Travel Mobility Assessments - Tender Evaluation and Appointment of Contractor Report

Appendix to the Report of the Interim Director of Finance at item 11.

Minutes:

Cabinet received a confidential appendix to the report of the Interim Director of Finance setting out a schedule of tender ranking.

 

RESOLVED: That the report be noted.

 

Reason for Decision: To allow the appendix to be considered in conjunction with the main report at item 11.

224.

Key Decision - First Phase Property Disposal Programme 2011/12

Appendix to the report of the Corporate Director Place Shaping at item 18.

Minutes:

Cabinet received a confidential appendix to the report of the Corporate Director Place Shaping setting out the financial implications and indicative sale prices.

 

RESOLVED: That the report be noted.

 

Reason for Decision: To allow the appendix to be considered in conjunction with the main report at item 18.

Minutes Appendx I - Cabinet Panels Memberships list - May 2011 pdf icon PDF 46 KB

Minutes Appendix II - Portfolio Holder Assistants 2011-12 pdf icon PDF 21 KB