Agenda, decisions and minutes

To receive apologies for absence (if any).

Received from Councillors Deon Burton and Persaud.

Apologies for absence were received from Councillors Michael Deon Burton and Viddy Persaud.

To sign as a true record the minutes of the meeting of the Council held on 25 November 2015 (attached).

AGREED as a correct record.

The minutes of the meeting held on 25 November 2015 were before the Council for approval.

It was AGREED, without division, that the minutes of the meeting of the Council held on 25 November 2015 be signed as a correct record.

RESOLVED:

That the minutes of the Council held on 25 November 2015 be signed as a correct record.

No interests were disclosed.

There were no disclosures of interest.

To receive announcements (if any).

A minute’s silence was held in memory of former Councillor Ronald Whittaker who had recently died. Several Members paid tribute to former Councillor Whittaker.

The Mayor commended Councillor Wilkes on her recent efforts to save the life of a member of the public.

Congratulations were recorded to a local young person who had recently swum 220 lengths in order to raise funds for the Mayor’s Appeal.

The Mayor, with the Leader of the Council, had recently met with the autism project based at Frances Bardsley Academy.

The text of the announcements given by the Leader of the Council is shown in appendix 1 to these minutes.

Councillor Alex Donald has given notice of intention to present a petition.

To receive any petition presented pursuant to Council Procedure Rule 23.

Received from Councillor Donald.

Pursuant to Council Procedure Rule 23, the following petition was presented:

From Councillor Alex Donald concerning opposition to the introduction of a residents’ parking scheme in Thurso Close, Harold Park.

NOTE: THE DEADLINE FOR RECEIPT OF AMENDMENTS TO ALL REPORTS ISSUED WITH THE FINAL AGENDA IS MIDNIGHT, MONDAY 25 JANUARY.

To consider a report of Cabinet on the Local Council Tax Support Scheme 2016/17 (attached, subject to approval by Cabinet).

Amendment by the Independent Residents’ Group NOT CARRIED by 31 votes to 4; deemed motion by the Administration AGREED without division.

A report of Cabinet asked Council to adopt the proposed Local Council Tax Support Scheme for 2016/17. This included copies of the Equalities Impact Assessments related to the 2015 and 2016 Local Council Tax Support Schemes.

Deemed motion on behalf of the Administration

That the report be adopted and its recommendation carried into effect.

Amendment by the Independent Residents’ Group

That the recommendation that the Local Council Tax Support Scheme (CTS) for 2016/17 be approved, be amended to read:

That the Cabinet Member for Finance revisits the Council Tax Support Scheme to consider resetting the scheme by removing all the new charges made on vulnerable and low income residents following the localisation of the Council Tax Support Scheme to ensure council tax increases fall on those most able to pay.

It was AGREED, without debate, that this matter should be dealt with on a vote only basis.

The amendment by the Independent Residents’ Group was NOT CARRIED by a majority vote and the deemed motion on behalf of the Administration was AGREED without division.

RESOLVED:

That the Local Council Tax Support Scheme (CTS) 2016/17 be approved.

To consider a report of Cabinet on the Romford Market Transformation Programme (attached).

Amendment by the Residents’ Group NOT CARRIED by 33 votes to 13; deemed motion by the Administration AGREED without division.

A report of Cabinet asked Council to approve the allocation of £1 million capital funding and the appointment of architects to develop full proposals for the development of Romford Market Place. A recent requisition of the matter by the Overview & Scrutiny Board had been upheld and Cabinet acknowledged the concerns of the Board. Cabinet wished however to proceed on the basis of the original recommendations, whilst acknowledging that Overview and Scrutiny would have a significant role to play in the project.

Deemed motion on behalf of the Administration

That the report be adopted and its recommendation carried into effect.

Amendment by the Residents’ Group

Amend report recommendation to read:

Given the widespread concerns by the Overview and Scrutiny Board, as demonstrated by the upholding of the requisition of the decision made by Cabinet on 18th November 2016, this council recommends that before engaging Architects to take this project forward, that a cross party group is formed, together with appropriate stakeholders, to carry out a comprehensive review of what is being proposed and to ensure that it is fit for purpose and to review the terms of the grant agreement with the GLA.

Following debate, the amendment by the Residents’ Group was NOT CARRIED by 33 votes to 13 and the deemed motion on behalf of the Administration was AGREED without division.

RESOLVED:

That the appointment of architects to cost and develop full proposals for the physical development of the Market Place be approved along with the allocation of £1m Council capital funding of the programme subject to securing sufficient match-funding from other sources and subject to a business case being signed-off by the Finance Business Partner and Group Director, Communities & Resources in consultation with the Cabinet Member for Environment.

To consider a report of the Governance Committee on the Sealing of Council Documents and Delegation to Legal Officers (attached).

Report AGREED without division.

A report of the Governance Committee recommended to Council that the Mayor or Deputy Mayor should no longer be required to attest the sealing of Council documents and that the base-line for documents which would require sealing should be raised from £100,000 to £150,000.  

The report was AGREED without division and it was RESOLVED that:

1.            The second paragraph of Article 10.4 of the Constitution be amended to read:

“Contracts must be made under the common seal of the Council in accordance with rule 16 of the Contract Procedure Rules.  Contracts under £150,000 may, in most circumstances, be signed by the Chief Executive or the appropriate Group Director, Director of Legal and Governance or Head of Service in accordance with the Contracts Procedure Rules set out in Part 4.

2.            The monetary threshold for the sealing of contracts as set out in rule 16 of the Contract Procedure Rules be raised to £150,000.

3.            Article 10.5 of the Constitution be amended to read

“The common seal of the Council may be affixed to any document on the authority of any either of the Chief Executive, a Group Director, the Director of Legal and Governance, the Deputy Director of Legal and Governance, a Principal or Senior Lawyer.

“The seal shall be attested by that individual and an entry of every sealing of a document shall be made and consecutively numbered in a register to be provided for the purpose and shall be signed by the person who has attested the seal.”

To consider a report of the Chief Executive on Overview and Scrutiny Rules: Exceptions to the Call-in (Requisition) Procedure (attached).

Report AGREED without division.

A report of the Chief Executive gave details, as required by the Overview and Scrutiny Procedure Rules, of decisions made in the last three months that were granted exemption from the call-in (requisition) procedure. Details of the decision and the reasons for exemption from call-in were given for the following decisions:

1.    Implementation of the Nursery Class at Crownfield Infants School – whether to proceed.

2.    London Borough of Havering 2016/17 LIP Annual Spending Submission – Approval of submission to Transport for London.

3.    Romford Leisure Development – Award of contract.

The report was AGREED without division and it was RESOLVED:

That the report be noted.

A procedural motion that agenda item 12D on the European Union be considered at this point of the meeting was AGREED by 31 votes to 20.   

Motion on behalf of the United Kingdom Independence Party Group

                                  Due to the negative impact that EU directives such as the agency working time directive and EU procurement rules have on the ability and cost of Havering Council to fulfil its obligations, this council agrees that Britain would be better off outside the European Union.

Amendment by the Independent Residents’ Group

Amend motion to read:

To restore the sovereignty of Parliament and strengthen our borders and local democracy and safeguard against joining the Euro-currency and protect the NHS this Council recommends Britain leaves the EU so that Havering Council has the powers and funding to fulfil its obligations on behalf of all Havering residents.

And in particular, to avoid the costs to Havering Council of EU procurement and competition rules and the EU-USA TTIP trade deal that threatens the future of the NHS on which Havering residents depend.

Amendment by the East Havering Residents’ Group

As has been widely communicated, the opportunity to decide on the continued UK membership of the European Union will be subject to a Public Referendum by the end of 2017.

Given the many implications of remaining in the European Union or leaving, it is important that voters are equipped with as much information as possible in order to make an informed choice.

As representatives of the whole borough, this Council therefore notes that it is for individuals to decide for themselves, rather than as a Council, as to whether or not Britain would be better off outside the European Union and to express that choice, should they choose to do so, at the aforementioned Referendum.

            Following debate, the amendment by the Independent Residents’ Group was NOT CARRIED by 42 votes to 4. The amendment by the East Havering Residents’ Group was NOT CARRIED by 27 votes to 21. The motion by the United Kingdom Independence Party Group was AGREED as the substantive motion by 30 votes to 15.

Resolved:

Due to the negative impact that EU directives such as the agency working time directive and EU procurement rules have on the ability and cost of Havering Council to fulfil its obligations, this council agrees that Britain would be better off outside the European Union.

Attached.

Questions not taken due to lack of meeting time.

Due to lack of meeting time, no questions were asked.

The text of the questions, and their answers, are set out in Appendix 2 to these minutes.

Motions paper attached.

A.   LEISURE CENTRES

Amendment by the Conservative Group CARRIED by 36 votes to 6 and AGREED as substantive motion without division.

B.   PARKING CHARGES IN PARKS

Motion withdrawn and resubmitted to next appropriate Council meeting.

C.   INGREBOURNE HILL LANDFILL APPEAL

Amendment by the Conservative Group CARRIED by 32 votes to 3 and AGREED as substantive motion without division. 

D.   EUROPEAN UNION

Procedural motion that this motion be taken prior to agenda item 11 AGREED by 31 votes to 20.

Amendment by the Independent Residents’ Group NOT CARRIED by 42 votes to 4; amendment by the East Havering Residents’ Group NOT CARRIED by 27 votes to 21; motion by the United Kingdom Independence Party Group AGREED as substantive motion by 30 votes to 15.

Motion on behalf of the Independent Residents’ Group

As we await the promised new Romford Leisure Centre it is still vital to maintain and enhance the existing borough wide provision of leisure facilities that serve all our residents. Presently the borough wide leisure centre contract is held by “Sports and leisure Management Limited” and operates at a loss requiring a council subsidy. To cut costs there has been a contractual variation to reduce hours and presumably improvements at Chafford, Rainham and no doubt the Central Park, Romford and Hornchurch Leisure Centres face potential cutbacks too!

Following Academy status and a Land Tribunal Adjudication the Chafford Leisure Centre will be owned by the school when the council contract ends in Oct 1^st 2016 and without financial help will close, because their priority is educational rather than leisure spending. The existing facility needs significant investment and if it were to close there is planning permission in place for a new swimming pool at Chafford when funding becomes available. But will the Council allow an existing Leisure Centre, as well as an Ice Rink, to close as we await a second and ‘state of the art’ leisure centre in Romford that includes a promised £2 million funding from reserves?

Thus this Council calls on the Administration to maintain and enhance the existing borough wide provision of leisure facilities at Rainham, Romford and Hornchurch Leisure Centres in the healthy interests of all Havering residents.

            Amendment by the Conservative Group:

Amend motion to read:

Noting with approval the imminent commencement of the construction of the Romford Leisure Centre in Romford Town Ward, the letting of the contract for the first phase of the £3 million Broxhill Sports Park in Heaton Ward, the recent opening of the Visitors Centre at Hornchurch Country Park in Elm Park Ward, the recent opening of the new library and establishment of a new park in Rainham Ward, the current construction of a new library in Gooshays Ward, the achievement of Green Flags in parks across the borough and noting that the Council’s Leisure Management Contract, the negotiation of which is currently in progress, is likely to provide an enhancement of leisure facilities rather than cutbacks, this Council welcomes the Administration’s intention to continue to maintain and enhance the existing borough wide provision of leisure facilities in the healthy interests of Havering residents.

The amendment by the Conservative Group was CARRIED by 36 votes to 6 and AGREED as the substantive motion without division.

RESOLVED:

Noting with approval the imminent commencement of the construction of the Romford Leisure Centre in Romford Town Ward, the letting of the contract for the first phase of the £3 million Broxhill Sports Park in Heaton Ward, the recent opening of the Visitors Centre at Hornchurch Country Park in Elm Park Ward, the recent opening of the new library and establishment of a new park in Rainham Ward, the current construction of a new library in Gooshays Ward, the achievement of Green Flags  ...  view the full minutes text for item 79.

Motion on behalf of the Residents’ Group

Parking charges in the four parks where charges currently apply are not meeting their income targets. In light of this, together with the optimistic visitor numbers and viable alternatives to parking in parks, this council calls upon the Administration to abandon its plans to add further parks and open spaces to the list where parking charges will apply.

Amend motion to read:

Recognising that the proposal to extend car park charging in parks (at rates reduced following full public consultation and feedback) was one of the measures in the financial strategy and budget savings plan agreed by the Council following public consultation in February of last year, and that a further updated cost benefit analysis has been undertaken, this Council supports a review by the Administration of the proposal before a final decision is taken in the near future. 

This motion was withdrawn by the Residents’ Group and resubmitted to the next appropriate meeting of Council.

Motion on behalf of the Independent Residents’ Group

            The Inspector has now cancelled the Ingrebourne Hill Public Hearing in favour of a Public Inquiry, date to be arranged, which provides time for the Council to review its approach to this indefinite landfill application to ensure its effectively opposed.

Local councillors, Friends of the Earth, Friends of Ingrebourne Hill & Hornchurch Country Park, residents and planning officers attended the Hearing.

Thus this Council calls on the Executive to effectively oppose the Ingrebourne Hill/Hornchurch Country Park landfill Appeal by ensuring all relevant council departments attend the Public Inquiry to highlight the many reasons why the Appeal should be refused.

Amendment by the Conservative Group

            Amend motion to read:

This Council notes that its policy as articulated by the Executive is that in each and every planning appeal the decision of the Regulatory Services Committee shall be supported effectively by all relevant council departments.

The amendment on behalf of the Conservative Group was AGREED by 32 votes to 3 and AGREED as the substantive motion without division.

RESOLVED:

This Council notes that its policy as articulated by the Executive is that in each and every planning appeal the decision of the Regulatory Services Committee shall be supported effectively by all relevant council departments.

The record of voting decisions re the Procedural Motion (minute 76) is attached as Appendix 3.