Agenda, decisions and minutes

(Moved from 23 June 2011), Cabinet - Wednesday 22 June 2011 7.30 pm

Venue: Committee Rooms 1 & 2, Harrow Civic Centre, Station Road, Harrow, HA1 2XY. View directions

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

Items
No. Item

225.

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;

(b)               all other Members present.

Minutes:

RESOLVED:  To note that there were no declarations of interests.

226.

Minutes pdf icon PDF 114 KB

That the minutes of the special Cabinet meeting held on 17 May 2011 and the ordinary meeting held on 19 May 2011 be taken as read and signed as a correct record.

Additional documents:

Minutes:

RESOLVED:  That the minutes of the special meeting held on 17 May and of the ordinary meeting held on 19 May 2011, be taken as read and signed as a correct record.

227.

Petitions

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

Minutes:

RESOLVED:  To note that no petitions were submitted.

228.

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 Marilyn Ashton

Asked of:

 

Councillor Keith Ferry, Portfolio Holder for Planning, Development and Enterprise

 

Question:

‘'In the Draft Site Allocations Document, which is part of the LDF Consultation May 13 through June 24, 2011, it makes reference to Site H23 Anmer Lodge and Stanmore Car Park, The Broadway, Stanmore.  In paragraph 5.55 it states that 'In 2010 the Council commissioned Savilles to prepare a brief of options for the comprehensive redevelopment of the car park and former care home site’.  Has this piece of work been completed?'’

 

Answer:

 

Yes, this piece of work was completed in March 2010.

Supplemental Question:

 

Is it not the case that the Council is putting the vitality of Stanmore District Centre at greater risk by allowing for those with a commercial interest to inform the type of development on a site rather than engaging with the residents of Stanmore by way of a meaningful consultation and in the spirit of localism, and to then adopt a planning brief? 

 

Supplemental Answer:

In September 2009 Savilles were commissioned to prepare a Planning Brief for the combined Anmer Lodge and Stanmore Car Park site, “to assist marketing process and inform the discussions with potential development partners”.

 

The intention at that time, having identified this location as a significant development opportunity, was to ensure that the Council would be positioned to embrace an improving commercial market in the context of nationwide recession.

 

It was only recently that officers felt confident in advising that marketing of the site could be taken forward in a positive way.

 

Early indications from the agents are that the market has responded positively to the advertised opportunity.

 

The essential planning requirements established in the marketing brief, are reflected in the draft site allocations Development Plan Document which you referred to, currently subject to public consultation.

 

The adoption of the DPD is expected in November 2012.   This will give considerable weight to the Council’s requirements for the site and establish the planning parameters that would be used to determine planning applications relevant to this location.

 

This Administration is committed to bringing forward exciting and innovative proposals for this key site.  We will only allow appropriate development at Stanmore District Centre.  Every planning document that the Council produces is subject to extensive public consultation and, when it is decided that this site should be marketed, the Council will ensure that the people of Stanmore are consulted.

 

2.

 

Questioner:

 

Mark Gillham, Chief Executive, Mind in Harrow

 

Asked of:

 

Councillor Margaret Davine, Portfolio Holder for Adult Social Care, Health and Wellbeing

 

Question:

“Will the Council Cabinet commit to these six pledges to improve mental health social care services for Harrow residents for the duration of its term in power?

 

1)            Make mental health a priority across the Council;

 

2)            Make personal budgets for people with mental health problems more equitable and accessible by investing properly in its infrastructure;

 

3)            Conduct a through and detailed  ...  view the full minutes text for item 228.

229.

Councillor Questions

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 Paul Osborn

 

Asked of:

 

Councillor Bill Stephenson, Leader of the Council and Portfolio Holder for Finance and Business Transformation

 

Question:

Why are you transferring £2.1 million that you are legally obligated to spend on Adult Social Care into the Transformation and Priority Initiatives Fund, to be spent at the discretion of the Leader?

 

Answer:

 

There is a reasonably simple answer.  The Government publicly stated in its funding settlement for local authorities that no Council would suffer a cut in funding in 2011/12 of more than 8.9% and the Rt Hon. Eric Pickles MP, Secretary of State for Communities and Local Government, in his calculation, specifically included the funding that it had directed towards PCTs to pay to local authorities for Social Care, which in our case was £2.6m. 

 

The expectation of NHS London was, and is, that this money should be passed over to Local Authorities in full and it should be used to meet the costs of existing social care provision and not to fund new and additional services. 

 

The £2.6m due to Harrow Council from the PCT was not included in the Council’s 2011/12 budget approved in February because of the uncertainty over the PCT’s finances and whether the money would indeed actually be transferred to the Council.  The rising costs of existing Adult Social Care provision, for example the demographic growth of £1.5m and the contingency of £1m for 2011/12, were met by other funding sources of the Council in drawing up the budget.

 

Had the Council known at the time that the money and how much would be forthcoming from the PCT it would have used it to fund the Adult Social Care budget and used the Council’s own funding allocation for other purposes.

 

In fact, by building the costs of Adult Social Care provision in to our base budget, we have a more sound and sustainable funding strategy as the PCT money has only been allocated to the Council for a 2 year period and this is essentially of two one-off payments.  There is no guarantee or commitment from the government that this will be continued.

 

Having successfully negotiated a Section 256 Agreement with the PCT and received the £2.6m, we immediately gave the PCT £0.5m back to help it meet its social care provision, which of course, is our social care provision as well.  This is a measure of the close and good working relationship we continue to have with the PCT.

 

This leaves us with the £2.1m that your question refers to.  What we are actually doing is putting that money into the Adult Social Care budget and taking out £2.1m of the Council’s own funding allocation that had been put into the budget originally.

 

I am advised that what we are doing is legal, to answer your question.  I believe that it is totally consistent with our budget setting and it is in line with what many other councils  ...  view the full minutes text for item 229.

230.

Forward Plan 1 June 2011 - 30 September 2011 pdf icon PDF 98 KB

Minutes:

The Leader of the Council reported that the item on 'Review of Discretionary Rate Relief' had been deferred and would be combined with a report on ‘Support to the Voluntary Sector’ and submitted to a future meeting of Cabinet.

 

RESOLVED:  To note the contents of the Forward Plan for the period 1 June – 30 September 2011.

231.

Progress on Scrutiny Projects pdf icon PDF 25 KB

For consideration.

Minutes:

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

RECOMMENDED ITEMS

232.

Key Decision: Community Safety Plan pdf icon PDF 67 KB

Report of the Assistant Chief Executive

Additional documents:

Decision:

Resolved to RECOMMEND:  (to Council)

 

That the Community Safety Plan be adopted.

 

Reason for Decision:  To meet statutory requirements that requires the Council to adopt a Community Safety Plan which forms part of the policy framework.

 

RESOLVED: That the reference from the Overview and Scrutiny Committee be noted.

 

[Call-in does not apply to the Recommendation]

Minutes:

Cabinet received a report of the Assistant Chief Executive, which set out a joint response of the Council, the Police and other partners to the crime and anti-social behaviour issues identified in the Strategic Assessment, which examined trends in crime.

 

An officer reported that the Community Safety Plan 2011/14 brought together the strategic responses of various agencies to address crime and anti-social behaviour issues, as required under the Police and Justice Act 2006, and outlined the key components of the Plan.  He added that the Plan concentrated on residential burglary, violent crime, anti social behaviour, youth offending, drug and alcohol misuse and re-offending as a means of ensuring that everyone in Harrow stayed safe and had the best possible quality of life in line with the outcomes in the Strategic Assessment. Members’ attention was also drawn to the reference from the Overview and Scrutiny Committee which was tabled at the meeting, as due to the proximity of meetings it was not available for circulation with the agenda.

 

Cabinet was informed that the government would be abolishing the requirement for the production of Community Safety Plans, which could provide an opportunity for the agencies concerned to explore new and innovative means of producing ‘informal’ Plans to help tackle crime and ensure public safety.

 

Resolved to RECOMMEND:  (to Council)

 

That the Community Safety Plan be adopted.

 

Reason for Decision:  To meet statutory requirements that requires the Council to adopt a Community Safety Plan which forms part of the policy framework.

 

RESOLVED:  That the reference from the Overview and Scrutiny Committee be noted.

 

[Call-in does not apply to the Recommendation]

233.

Key Decision: Revenue and Capital Outturn 2010/11 pdf icon PDF 357 KB

Report of the Interim Director of Finance.

Decision:

 

Resolved to RECOMMEND:  (to Council)  That

 

(1)               the allocation of the net £2.1m received from the Primary Care Trust (PCT) in 2011/12 to the Adult Social Care Budget be approved;

 

(2)               the transfer of £2.1m of funding previously allocated by the Council to the Adult Social Care Budget to the Transformation and Priority Initiatives Fund be approved;

 

(3)               the addition of £1.0m to the 2011/12 capital budget to fund disabled adaptations to housing in Harrow be approved, with the proviso that overall spend on the Council’s general fund capital budget in 2011/12 does not exceed the previously agreed amount.

 

RESOLVED:  That

 

(1)               the revenue and capital outturn position for 2010/11 be noted;

 

(2)               the proposed revenue carry forwards of £2.008m, as discussed in paragraphs 1 and 15 and detailed in Appendix 4 to the report, be approved;

 

(3)               the movements between reserves and provisions, as outlined in paragraph 12 of the report, be approved;

 

(4)               the net remaining revenue underspend of £1.135m be utilised by increasing the general reserves by £0.706m to £7million, and by establishing a Transformation and Priority Initiatives Fund of £0.429m, as outlined in paragraphs 3 and 16 of the report;

 

(5)               the carry forward to 2011/12 of £0.522m on the HRA to fund external redecoration works not completed in 2010/11, as outlined in paragraph 13 of the report, be approved;

 

(6)               Cabinet’s intention that the £2.5m receivable from the PCT in 2012/13 be used to fund social care cost pressures in that year or beyond be noted;

 

(7)               the permissible uses and governance of the Transformation and Priority Initiatives Fund, as outlined in paragraphs 4 and 5 of the report, be approved;

(8)               the additions during the quarter and carry forward on Capital Projects, set out in paragraphs 27 - 30 and Appendix 2 of the report, be approved;

 

(9)               the debt write off, as detailed in paragraphs 35 and 36 of the report, be approved;

 

(10)          the timetable for accounts completion and external audit review, as outlined in paragraph 37 of the report, be noted;

.

Reason for Decision:  To confirm the financial position as at 31 March 2011.

 

[Call-in does not apply to the Recommendation]

 

Minutes:

Cabinet received a report of the Corporate Director of Finance, which set out the Council’s revenue and capital outturn position for 2010/11.

 

The Leader of the Council welcomed the report, a ‘good news’ item, noting that the majority of the Directorates had achieved an underspend.  He added that as a result, the level of reserves to be held by the Council would rise from £6.3m to £7m in addition to the current Contingency Fund.  The administration would also be in a position to set up a Transformation and Priority Initiatives Fund.

 

In relation to Capital, the Leader stated that although a considerable potential overspend had been identified last year, this had now been considerably reduced.  The Housing Revenue Account (HRA) was also showing an improvement from previous years. There has also been a favourable variance of over £1 million in Treasury Management.  Additionally, the Council Tax collection rate had been favourable during difficult times.  He commended the current management team, the former Corporate Director of Finance and the Portfolio Holders for their achievements in ensuring many positive outcomes in what had been a challenging year.

 

The Leader added that the administration had faced several challenges when it came into power in May 2010, such as various pressures in the Children’s Services Directorate where a potential overspend of approximately £2m had been identified, a dysfunctional Housing Revenue Account (HRA) and an IT system that needed upgrading.  The situation had been compounded by government settlements and the disappointing news that the Local Area Agreement Reward Grant would no longer be available due to government policy changes.  However, the administration had made a good start but would continue to face many challenges.

 

The Leader added that the recommendations would require amending, which the Interim Director of Finance would allude to.

 

The Interim Director of Finance noted that a correction to the text in the ‘Introduction’ to the report, which should read as follows: “The total reported revenue outturn for the Council is £170.550m which represents an underspend of £1.135m, a 0.7% variation to budget”.  As the Council’s Section 151 officer, she was pleased that the reserves held by the Council would be increased, and clarified the position in relation to the money received from the Primary Care Trust (PCT) that would be used for the purposes of the adult social care budget, as a result of which one of the recommendations in the report would require amending to make it absolutely clear how the money was being treated.

 

Resolved to RECOMMEND:  (to Council)  That

 

(1)               the allocation of the net £2.1m received from the Primary Care Trust (PCT) in 2011/12 to the Adult Social Care Budget be approved;

 

(2)               the transfer of £2.1m of funding previously allocated by the Council to the Adult Social Care Budget to the Transformation and Priority Initiatives Fund be approved;

 

(3)               the addition of £1.0m to the 2011/12 capital budget to fund disabled adaptations to housing in Harrow be approved, with the proviso that overall spend  ...  view the full minutes text for item 233.

RESOLVED ITEMS

234.

Treasury Management Outturn Report 2010/11 pdf icon PDF 139 KB

Report of the Interim Director of Finance.

Decision:

RESOLVED:  That the outturn position for Treasury Management activities for 2010/11 be noted, and the report be submitted to the Governance, Audit and Risk Management Committee for review.

 

Reason for Decision:  To promote effective financial management and comply with the Local Authorities (Capital Finance and Accounting) Regulations 2003 and other relevant guidance.  To inform Members of Treasury Management activities and performance.

 

[Call-in does not apply to this Decision, which is for noting]

 

Minutes:

Cabinet considered a report of the Interim Director of Finance setting out a summary of Treasury Management activities for 2010/11.  Treasury Management was the management of the Council’s investments and cash flows, its banking, money market and debt transactions together with effective control of the risks associated with those activities.

 

The Interim Director of Finance introduced the report and was pleased to inform Members of a favourable variance of £1.1m on the updated capital financing budget of £23.3m.  In relation to the investment outturn, the interest earned had remained low due to low market rates but Harrow’s investment portfolio, which was managed in-house, had performed better than the benchmark set.  She was also pleased to report that the Council had performed within the treasury and prudential indicators.

 

RESOLVED:  That the outturn position for Treasury Management activities for 2010/11 be noted, and the report be submitted to the Governance, Audit and Risk Management Committee for review.

 

Reason for Decision:  To promote effective financial management and comply with the Local Authorities (Capital Finance and Accounting) Regulations 2003 and other relevant guidance.  To inform Members of Treasury Management activities and performance.

 

[Call-in does not apply to this Decision, which is for noting.]

235.

Key Decision: Tendering for the Provision of Care and Education Services delivered in Gange Children's Centre

Report of the Corporate Director Children’s Services.

Additional documents:

Decision:

RESOLVED:  That Option 3 which sets out a new operating model for early education and care at Gange Children’s Centre be approved.

 

Reason for Decision:  To support the overall strategy for the sustainability of Children’s Centre services in Harrow.

Minutes:

The Portfolio Holder for Children’s Services introduced the report, which set out a proposal to procure the provision of early education and care at Gange Children’s Centre through a local tendering process.  The proposed new operating model for the Centre would ensure a local delivery point for a range of childhood and early intervention services and would expand the early years and childcare provision available to the local community.

 

The Divisional Director, Early Years, Childcare and Parents, reported that Harrow had a strong record for developing sustainable services and the proposal would provide a significant benefit to residents and enhance the lives of children in Harrow.  She added that the proposal would drive quality, and build on the work carried out by the existing Children’s Centres, such as Stanmore Park, Cedars and Pinner, all of which had an external pre-school provider that had demonstrated the benefits that could be achieved from such an arrangement and the ability to develop strong working relationships with providers.  The proposal would also maintain the excellent levels of services provided to children with Special Education Needs (SEN).

 

The Divisional Director added that wide consultations had been carried out and the proposal would ensure minimum disruptions to services provided.

 

RESOLVED:  That Option 3, which sets out a new operating model for early education and care at Gange Children’s Centre, be approved.

 

Reason for Decision:  To support the overall strategy for the sustainability of Children’s Centre services in Harrow.

236.

Key Decision: Provision for a Café at Harrow Arts Centre pdf icon PDF 89 KB

Joint Report of the Corporate Directors Place Shaping and Community and Environment.

Additional documents:

Decision:

 

RESOLVED:  That the appointment of JAMS Kitchens Ltd for the operation of a café and catering business at Harrow Arts Centre be approved, and the Corporate Director Place Shaping, in consultation with the Portfolio Holders for Property and Major Contracts and Community and Cultural Services, be authorised to grant a lease of suitable premises at Harrow Arts Centre for a period of fifteen years.

 

Reason for Decision:  To respond to an identified business opportunity to support the operation of the Arts Centre and to customer feedback.

Minutes:

The Corporate Director Community and Environment introduced the report, which set out a proposal toprovide a commercially operated café and catering service at the Harrow Arts Centre (HAC).  He added that the new facility would improve the offer to customers at HAC, making it more competitive, increasing new and repeat business, and provide a complete package for new areas of business such as conferences.  Moreover, the HAC would benefit from the provision of a fully refurbished café/bar area, which would be provided at no cost to the Council.  It would guarantee an annual rental plus a profit share arrangement.

 

The Corporate Director added that three options had been examined. Following their consideration, a decision was taken to seek a commercial partner and, after a selection process, a company, JAMS Kitchens Limited, was appointed.  The company was an established local business with a good reputation.

 

Cabinet was informed that JAMS Kitchens Limited would provide the Council with a guaranteed minimum income of £18,000 per annum or 5% of the profit, whichever was the greater.  The Council also retained the option of terminating the lease.

 

Having considered the report, Cabinet agreed that any granting of the lease should be in consultation with the relevant Portfolio Holders.

 

RESOLVED:  That the appointment of JAMS Kitchens Ltd for the operation of a café and catering business at Harrow Arts Centre be approved, and the Corporate Director Place Shaping, in consultation with the Portfolio Holders for Property and Major Contracts and Community and Cultural Services, be authorised to grant a lease of suitable premises at Harrow Arts Centre for a period of fifteen years.

 

Reason for Decision:  To respond to an identified business opportunity to support the operation of the Arts Centre and to customer feedback.