Agenda, decisions and minutes

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

(a)               all Members of the Cabinet;

(b)               all other Members present.

RESOLVED:  To note that the following interest was declared:

Agenda Item 10 - London Boroughs Grants Scheme 2012/13

During consideration of this item, Councillor Barry Macleod-Cullinane declared a personal interest in that he was employed by London Councils Limited.  He would remain in the room to listen to the debate on the report.

That the minutes of the Cabinet meeting held on 15 December 2012 be taken as read and signed as a correct record.

RESOLVED:  That the minutes of the meeting held on 15 December 2011, be taken as read and signed as a correct record.

(a) To receive a petition on behalf of the Voluntary Sector Forum in relation to Discretionary Rate Relief;

(b) To receive any other petitions submitted by members of the public or Councillors.

RESOLVED:  To note that the following petitions were received and referred to the Portfolio Holder for Finance and Business Transformation, Corporate Director Community and Environment, Portfolio Holder for Planning, Development and Enterprise, Traffic and Road Safety Advisory Panel and Corporate Director Community and Environment, respectively:

1.                  Discretionary Business Rate Relief

Steve Porter representing the Voluntary Sector Forum presented a petition with the following terms of reference:

“We, as people who live work or study within Harrow, wish to register our opposition to the proposed changes to the Discretionary Business Rate Relief on grounds that the impact of such changes on the organisations likely to be affected and those in need of services have not been properly considered.  We believe the proposed changes could lead to a reduction of these organisations ability to deliver services and extra expense in meeting these needs and seek greater consultation on the impact of such changes”.

2.                  High Road Service Road behind Park Crescent

Daren Diamond, a resident of Clewer Crescent, presented a petition signed by 55 people.  The terms of the petition were as follows:

 “We call on Harrow Council to clean up the mess in the service road between High Road and Park Crescent, Harrow Weald, to monitor the area so that future dumpers are caught and punished, and to work with the traders and residents to stop the problem from recurring”.

3.                  Warham Road

Councillor David Perry presented a petition containing 14 signatures with the following terms of reference:

“We the undersigned Residents of Warham Road urge Harrow Council to refuse the planning application at 33 Warham Road (Ref:P/3305/11 – Two storey bedroom house attached to No. 33 Warham Road and alterations to roof of existing house; landscaping; refuse and provisions of one parking space) for the following reasons:

·                     overdevelopment of the land

·                     loss of light to nearby properties

·                     development would be of detriment to the local area

·                     this would lead to increased parking, in an already bust street

·                     overcrowding of the current land”.

4.                  Fallowfield, Stanmore

Councillor Marliyn Ashton submitted a petition containing 28 signatures with the following terms of reference:

“We, the undersigned, all being residents of Fallowfield, Stanmore, strongly object to Harrow Council’s proposals for double yellow lines in the road.

We are objecting to these proposals and would like to have sight of all the details of the study that has been carried out in our road.  What time of day, and year were these observations carried out?

Please send us copies of the complaints that you have received about parked cars making it difficult for larger vehicles to get past or limiting the visibility or both.

We would only like the double yellow lines extended at the very top of the road (the entrance/exit) as the road is indeed very narrow there.  Apart from that we wish the rest of the road to remain free of any parking restriction as it is a quiet residential road”.

5.                  Localised Safety Parking Programme  ...  view the full minutes text for item 344.

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.

[The deadline for receipt of public questions is 3.00 pm, 16 January 2012.  Questions should be sent to publicquestions@harrow.gov.uk  

No person may submit more than one question].

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

1.

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

Questions will be asked in the order agreed with the relevant Group Leader by the deadline for submission and there be a time limit of 15 minutes.

[The deadline for receipt of Councillor questions is 3.00 pm, 16 January 2012].

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

1.

The Leader of the Council informed Cabinet that the itemtitled ‘Approval for the Establishment of a Shared Legal Practice’ had been deferred.

RESOLVED:  To note the contents of the Forward Plan for the period 1 January to 30 April 2012.

For consideration.

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

Reference from Overview and Scrutiny Committee meeting held on 13 December 2011.

RESOLVED:  That the reference be received and the Interim Director Finance, together with other relevant Directors, be requested to submit a response report to the 8 March 2012 Cabinet meeting.

Reason for Decision:  To respond to the recommendations of the Challenge Panel in line with Constitutional requirements.

Cabinet received a reference from the Overview and Scrutiny Committee meeting held on 13 December 2011, setting out the findings and recommendations of the Debt Recovery Challenge Panel for Cabinet’s consideration.

RESOLVED:  That the reference be received and the Corporate Director Adults and Housing be requested to submit a response report to the 8 March 2012 Cabinet meeting.

Reason for Decision:  To respond to the recommendations of the Challenge Panel in line with Constitutional requirements.

Reference from Overview and Scrutiny Committee meeting held on 13 December 2011.

RESOLVED:  That the reference be received and the Corporate Director Adults and Housing be requested to submit a response report to the 8 March 2012 Cabinet meeting.

Reason for Decision:  To respond to the recommendations of the Challenge Panel in line with Constitutional requirements.

Cabinet received a reference from the Overview and Scrutiny Committee meeting held on 13 December 2011, which provided a quarterly update on the Standing Scrutiny Review of the Better Deal for Residents, including recommendations for Cabinet’s consideration.

RESOLVED:  That the reference be received and the Corporate Director Adults and Housing be requested to submit a response report to the 8 March 2012 Cabinet meeting.

Reason for Decision:  To respond to the recommendations of the Challenge Panel in line with Constitutional requirements.

Report of the Assistant Chief Executive.

RESOLVED:  That

(1)               it be noted that it had not been possible to reach a collective agreement with the non-teaching Unions on the modernising approach to  the Terms and Conditions of Employment;

(2)               the Chief Executive, in consultation with the Leader and the Portfolio Holder for Performance, Customer Services and Corporate Services, be authorised to:

(a)               develop a proposition which meets the needs of the Council on which to consult non-teaching staff;

(b)               consult directly with non-teaching staff and, if appropriate,

·           to modify that proposition in the light of consultation;

·           to undertake a ballot of non-teaching staff on the final proposition;

·           to take action as necessary to implement the new Terms and Conditions of Employment for non-teaching staff.  

Reason for Decision:  To enable the modernisation of the Terms and Conditions of Employment for Council non-teaching employees and deliver the savings required in the draft Medium Term Financial Strategy 2012/13.

Cabinet received a report of the Divisional Director Human Resources, Development and Shared Services setting out the position reached to date on the negotiations with the Trade Unions on proposals for Modernising Terms and Conditions of Employment and seeking agreement to consult the Council’s workforce directly.

The Portfolio Holder for Performance, Customer Services and Corporate Services apologised for the late circulation of the report in order to allow time to reflect on the proposals being put forward, following the conclusion of negotiations with the Trade Unions.

The Portfolio Holder informed Cabinet that most Councils nationally were reviewing their pay bill, with the most recent being Doncaster Council.  The stance that Harrow Council had taken was different, which was to provide a balance that was part ‘giving’ and part ‘taking’, as part of its Modernising agenda.   He reminded Members that Cabinet had received briefing reports in March and November 2011, following which consultations and negotiations had been undertaken with the following objectives in mind: modernise, simplify, reduce cost and provide greater choice.

Cabinet was briefed on the consultations and the formal negotiations undertaken.  As part of the Modernising agenda, the proposals that were developed supported future ways of working with a view to mitigating job losses.  The Portfolio Holder informed Cabinet that formal negotiations with the Trade Unions had commenced in November 2011; however he was disappointed that it had not been possible to reach a collective agreement on the full set of proposals, as a result of which negotiations had been concluded.  He added that the Trade Unions were of the view that variation of the Terms and Conditions of Employment would have an adverse impact on some and not all employees and considered the approach to be unfair.  However, he stressed that the modernising proposals sought to address the differential impact of applying buy-out arrangements thereby ensuring equitable compensation for any adverse impact.  The proposals, inter alia, also contained improvements to the existing annual leave arrangements and the ‘smoothing of’ of current pay bands.  The Portfolio Holder was of the view that the Council needed to move forward in light of the pressures on the budget and he commended the report to Cabinet.

The Chief Executive stated that he too was disappointed that the negotiations with the Trade Unions had concluded without agreement, which had been the preferred approach.  He was of the view that there was no realistic prospect of reaching an agreement with the Trade Unions and therefore re-convening of negotiations was not considered to be a suitable way forward.  He added that, from the outset, the Council had stated its intention, which was to make budget savings, as part of the Modernising agenda, and the Council was unique in its approach.  He outlined the consultation process, which would include a set of proposals that would be open and transparent.  A ballot would be conducted if required, and he drew Members’ attention to the indicative timetable set out in the report with a view to concluding  ...  view the full minutes text for item 351.

Report of the Divisional Director Community and Culture.

RESOLVED:  That

(1)               the progress to date on transforming cultural services in Harrow, outlined in paragraph 2.3 of the report, be noted, including the proposals for a further Transformation Phase, as outlined in paragraph 2.2 Option B;

(2)               the Corporate Directors of Place Shaping and Community and Environment, in consultation with the Portfolio Holders for Community and Cultural Services and Property and Major Contracts, and with key stakeholders, be authorised to develop proposals for the Libraries Transformation Phase 2 Programme (paragraph 2.2 Option B) and a Programme of  physical improvements to cultural assets, subject to the final approval of the options by Cabinet;

(3)               the Corporate Directors of Place Shaping and Community and Environment, in consultation with the Portfolio Holders for Community and Cultural Services and Property and Major Contracts, be authorised to explore the commissioning of leisure and library services in collaboration with partner boroughs, currently Ealing and Brent for leisure management and Ealing for library services, as outlined in paragraph 2.2 Option C, subject to further final approval of the service delivery options by Cabinet.

Reason for Decision:  To deliver the next phase of the Transformation of Harrow’s Cultural Services and to ensure the continuation of leisure and library service delivery to the Council whilst delivering efficiency savings.

Cabinet received a report of the Divisional Director Community and Culture, which set out the progress made in delivering the Transformation of Cultural Services and set out proposals for the future development and delivery of Harrow’s cultural offer by looking at four key drivers to take Harrow’s services forward.

The Portfolio Holder for Community and Cultural Services welcomed the report, which provided an opportunity to empower staff further and learn new skills, including the users of the services.  He outlined the recent changes made to various services, particularly the libraries which would benefit from further changes.  Additionally, Harrow Museum and Headstone Manor would benefit immensely from restoration work and the commissioning of library and leisure services ought to be explored.

Cabinet noted that all options would be explored and consulted on with the users following which they would be submitted to Cabinet for approval.

RESOLVED:  That

(1)               the progress to date on transforming cultural services in Harrow, outlined in paragraph 2.3 of the report, be noted, including the proposals for a further Transformation Phase, as outlined in paragraph 2.2 Option B;

(2)               the Corporate Directors of Place Shaping and Community and Environment, in consultation with the Portfolio Holders for Community and Cultural Services and Property and Major Contracts, and with key stakeholders, be authorised to develop proposals for the Libraries Transformation Phase 2 Programme (paragraph 2.2 Option B) and a Programme of  physical improvements to cultural assets, subject to the final approval of the options by Cabinet;

(3)               the Corporate Directors of Place Shaping and Community and Environment, in consultation with the Portfolio Holders for Community and Cultural Services and Property and Major Contracts, be authorised to explore the commissioning of leisure and library services in collaboration with partner boroughs, currently Ealing and Brent for leisure management and Ealing for library services, as outlined in paragraph 2.2 Option C, subject to further final approval of the service delivery options by Cabinet.

Reason for Decision:  To deliver the next phase of the Transformation of Harrow’s Cultural Services and to ensure the continuation of leisure and library service delivery to the Council whilst delivering efficiency savings.

Report of the Corporate Director Community and Environment.

RESOLVED:  That the London Councils’ Grants Committee budget and the Council’s contribution of £338,153 be agreed.

Reason for Decision:  To formally respond to London Councils on the decision following the receipt a Circular dated 16 December 2011 informing the Council of the recommended level of budget for the 2012/13 London Boroughs Grants Scheme. 

Cabinet received a report of the Corporate Director Community and Environment, setting out the recommended levels of the London Boroughs Grants Scheme budget for 2012/13.

The Leader of the Council referred to the London Councils Leaders’ Committee meeting held on 13 December 2011, which had agreed a budget and made recommendations to constituent Councils.  He also referred to the answer given to the Leader of the Conservative Group earlier in this regard and which set out the background to this matter.

RESOLVED:  That the London Councils’ Grants Committee budget and the Council’s contribution of £338,153 be agreed.

Reason for Decision:  To formally respond to London Councils on the decision following the receipt a Circular dated 16 December 2011 informing the Council of the recommended level of budget for the 2012/13 London Boroughs Grants Scheme. 

Report of the Corporate Director Community and Environment.

RESOLVED:  That

(1)               the draft Local Freight Movement Operational Strategy be noted;

(2)               public consultation be undertaken on the Local Freight Movement Operational Strategy;

(3)               the Divisional Director Environmental Services, in consultation with the Portfolio Holder for Environment and Community Safety, be authorised to consider the results of consultation, amend the draft Strategy as necessary and approve the Local Freight Movement Operational Strategy;

(4)               the Divisional Director Environmental Services be authorised to make changes to the Strategy, subject to changes in industry best practices;

(5)               it be noted that the Transport Local Implementation Plan had £160,000 allocated to implementing measures to address freight issues in 2012/13 - 2013/14.

Reason for Decision:  To set out a clear operational framework for how freight traffic could better access freight destinations within the borough whilst also minimising the detrimental impact of heavy goods vehicles (HGVs) on local residents.

Cabinet received a report of the Corporate Director Community and Environment, which sought approval to consult on a Local Freight Movement Operational Strategy. 

The Corporate Director added that the Strategy outlined how the movement of freight traffic on the borough’s roads would be managed and identified measures to support the movement of freight traffic to major freight destinations as well as mitigating the detrimental impact of freight traffic on unsuitable local roads.  Moreover, the Strategy proposed the establishment of shorter sections of targeted restrictions where HGVs (Heavy Goods Vehicles) were prohibited from traveling thereby allowing enforcement through the use of CCTV.  Currently, this was not possible, because in order to prosecute a vehicle, the Council required the HGV to be followed for its entire journey inside the zone from entry to exit.

The Corporate Director added that public consultation would be undertaken and that residents and key stakeholders would be invited to identify key locations where the problems were acute.  Funding to implement measures to address freight issues had also been identified.  He commended the report to Cabinet.

RESOLVED:  That

(1)               the draft Local Freight Movement Operational Strategy be noted;

(2)               public consultation be undertaken on the Local Freight Movement Operational Strategy;

(3)               the Divisional Director Environmental Services, in consultation with the Portfolio Holder for Environment and Community Safety, be authorised to consider the results of consultation, amend the draft Strategy as necessary and approve the Local Freight Movement Operational Strategy;

(4)               the Divisional Director Environmental Services be authorised to make changes to the Strategy, subject to changes in industry best practices;

(5)               it be noted that the Transport Local Implementation Plan had £160,000 allocated to implementing measures to address freight issues in 2012/13 - 2013/14.

Reason for Decision:  To set out a clear operational framework for how freight traffic could better access freight destinations within the borough whilst also minimising the detrimental impact of heavy goods vehicles (HGVs) on local residents.

Report of the Corporate Director Place Shaping.

RESOLVED:  That

(1)               Cabinet confirms its commitment to the London Councils 2009 pledge to establish a Council-wide Apprenticeship Programme and appoints the Portfolio Holder for Planning, Development and Enterprise to Champion the Apprenticeship Project;

(2)               the Corporate Director Place Shaping/Enterprise and Environment be nominated to act as Champion for Apprentices and s/he be supported by officers in Human Resources and Economic Development teams through the Recession Busting Group;

(3)               a pilot Apprenticeship Programme be established to determine a small number of Level 2 intermediate apprenticeships and, from this first cohort, a smaller number of Level 3 advanced apprenticeship places for those who successfully achieve their Level 2 qualification be developed.

Reason for Decision:  In January 2009, Council Leaders and Chief Executives of London’s 33 Local Authorities pledged to offer 2,000 apprenticeships in their own workforces or in those of their contractors by March 2012.  They met this target in September 2011, but without input from Harrow Council.  The Council has apprentices within its wider workforce, but no direct Council-run Programme.  Implementation would allow the development of an appropriate Programme within the Council to benefit local workless young people and make good its pledge to support the London-wide Council commitment.   

The Portfolio Holder for Planning, Development and Enterprise introduced the report, which set out the reasons in favour of establishing a Council-wide apprenticeship project, including the development process and the methodology for managing that project.

The Portfolio Holder added that, unlike other London boroughs, the Council had not fully engaged with the Programme other than by asking local employers to appoint apprenticeships.  He commended the report to Cabinet, identified the key lead personnel to move the Programme forward and moved that work should be undertaken through the Council’s Recession Busting Group.

RESOLVED:  That

(1)               Cabinet confirms its commitment to the London Councils 2009 pledge to establish a Council-wide Apprenticeship Programme and appoints the Portfolio Holder for Planning, Development and Enterprise to Champion the Apprenticeship Project;

(2)               the Corporate Director Place Shaping/Enterprise and Environment be nominated to act as Champion for Apprentices and s/he be supported by officers in Human Resources and Economic Development teams through the Recession Busting Group;

(3)               a pilot Apprenticeship Programme be established to determine a small number of Level 2 intermediate apprenticeships and, from this first cohort, a smaller number of Level 3 advanced apprenticeship places for those who successfully achieve their Level 2 qualification be developed.

Reason for Decision:  In January 2009, Council Leaders and Chief Executives of London’s 33 Local Authorities pledged to offer 2,000 apprenticeships in their own workforces or in those of their contractors by March 2012.  They met this target in September 2011, but without input from Harrow Council.  The Council has apprentices within its wider workforce, but no direct Council-run Programme.  Implementation would allow the development of an appropriate Programme within the Council to benefit local workless young people and make good its pledge to support the London-wide Council commitment.