Agenda, decisions and minutes

Annual Council, Council
Wednesday, 23rd May, 2018 7.30 pm

Venue: Council Chamber - Town Hall

Contact: Anthony Clements tel: 01708 433065  Email: anthony.clements@oneSource.co.uk

Items
No. Item

1.

DISCLOSURE OF INTERESTS

Members are invited to disclose any interest in any of the items on the agenda at this point of the meeting. 

 

Members may still disclose any interest in an item at any time prior to the consideration of the matter.

 

Minutes:

The Members named in minutes 3 and 9 (the mayoralty and various Committee Chairmanships) who were candidates for offices attracting a Special Responsibility Allowance, each declared a personal interest under the Members’ Code of Conduct as, if elected, they would benefit from the Members’ Allowances Scheme, 2018-19. 

 

2.

ANNOUNCEMENTS BY OUTGOING MAYOR

Minutes:

A minute’s silence was held in memory of former Councillor and Mayor of Havering – Tom Orrin who had sadly passed away recently. Tributes to former Councillor Orrin were paid from all sides of the Chamber.

 

The outgoing Mayor congratulated all newly elected Councillors and summarised the highlights of her year in office including visits by children to the town hall and being involved in visits to local places of worship etc.

3.

MAYORALTY 2018/19

(a)  To elect the Mayor of the Borough for the Municipal Year 2018/19

 

(b)  To receive notice of the appointment of Deputy Mayor of the Borough for the Municipal Year 2018/19.

 

Motion on behalf of the Conservative Group

 

That Councillor Dilip Patel be elected to the office of Mayor for the municipal year 2018 – 2019.

 

 

Decision:

Councillor Dilip Patel ELECTED as Mayor for the municipal year 2018/19, without division.

Appointment of Councillor Michael Deon Burton as Deputy Mayor noted.

Minutes:

Motion on behalf of the Conservative Group

 

That Councillor Dilip Patel be elected to the office of Mayor for the municipal year 2018-19.

 

The motion was AGREED without division and Councillor Dilip Patel was therefore ELECTED as Mayor for the municipal year 2018/19, without division.

 

Councillor Dilip Patel, having made the Declaration of Acceptance of Office of Mayor as required by the Local Government Act 1972, then too the Chair and thanked the Council for the honour bestowed upon him. The Mayor indicated that his Mayoress would be Councillor Nisha Patel.

 

Councillor Ower expressed the thanks of the Council to the outgoing Mayor – Councillor Linda Van den Hende for her services during 2017/18. Councillor Van den Hende suitably replied.

 

4.

DEPUTY MAYOR

Minutes:

In accordance with the Local Government Act 1972, the Mayor signified in writing his appointment of Councillor Michael Deon Burton as Deputy Mayor for the coming year and to carry out the duties of the Mayor in case of the Mayor’s illness or absence.  

 

Councillor Deon Burton made the Declaration of Acceptance of Office accordingly. The Mayor indicated that the Deputy Mayor’s Consort for the year would be Councillor Christine Vickery.

5.

MINUTES pdf icon PDF 1 MB

To sign as a true record the minutes of the Meeting of the Council held on 21 March 2018 (attached).

 

Minutes:

The minutes of the meeting of the Council held on 21 March 2018 were before the Council for approval.

 

It was AGREED, without division, that the minutes be signed as a correct record.

6.

ANNOUNCEMENTS BY THE INCOMING MAYOR, BY THE LEADER OF THE COUNCIL OR BY THE CHIEF EXECUTIVE

Minutes:

The incoming Mayor – Councillor Dilip Patel thanked the Council for his appointment. The Mayor announced he planned to support a range of smaller charities registered in Havering by attending fund raising events etc. The Mayor would announce details of his other charities at a later date.

 

 

7.

APPOINTMENT OF THE LEADER OF THE COUNCIL 2018/2022

To consider motions concerning appointing the Leader of the Council for the four year period ending at the Annual Meeting of the Council following the borough elections in 2022.

 

Motion on behalf of the Conservative Group

 

That Councillor Damian White be elected to the office of Leader of the Council for the municipal years 2018 – 2022.

 

Motion on behalf of the Independent Residents’ Group

 

That Councillor Jeffrey Tucker be elected to the office of Leader of the Council for the municipal years 2018 – 2022.

 

Motion on behalf of the Upminster & Cranham Residents’ Associations Group

 

That Councillor Clarence Barrett be elected to the office of Leader of the Council for the municipal years 2018 – 2022.

Decision:

Procedural motion on behalf of the Upminster and Cranham Residents’ Associations Group that a five minute speech be given proposing each candidate NOT CARRIED by 28 votes to 25.

 

Withdrawal of Councillor Tucker as candidate for Leader of the Council noted.

 

Councillor Damian White ELECTED as Leader of the Council by 29 votes to 20.

Minutes:

 

Motion on behalf of the Conservative Group

 

That Councillor Damian White be elected to the office of Leader of the Council for the municipal years 2018 - 2022.

 

Motion on behalf of the Independent Residents’ Group

 

That Councillor Jeffrey Tucker be elected to the office of Leader of the Council for the municipal years 2018 – 2022.

 

Motion on behalf of the Upminster & Cranham Residents’ Associations Group

 

That Councillor Clarence Barrett be elected to the officer of Leader of the Council for the municipal years 2018 – 2022.

 

 

 

A procedural motion on behalf of the Upminster and Cranham Residents’ Associations Group that a five minute speech be given proposing each candidate was NOT CARRIED by 29 votes to 25 (see division 1)

 

Council noted the withdrawal of Councillor Tucker as candidate for Leader of the Council.

 

Councillor Damian White was ELECTED to the office of Leader of the Council for the municipal years 2018 – 2022 by 29 votes to 20 (see division 2).

 

The Leader of the Council also confirmed the appointment of the following Cabinet Members:

 

Councillor Robert Benham – Cabinet Member for Education, Children & Families

 

Councillor Joshua Chapman – Cabinet Member for Housing

 

Councillor Osman Dervish – Cabinet Member for Environment

 

Councillor Jason Frost – Cabinet Member for Health & Adult Care Services

 

Councillor Viddy Persaud – Cabinet Member for Public Protection and Safety

 

Councillor Roger Ramsey – Cabinet Member for Finance & Property

8.

APPOINTMENT OF THE COMMITTEES OF THE COUNCIL AND SCHEME OF DELEGATION pdf icon PDF 224 KB

To consider a report of the Chief Executive regarding appointment of the Committees of the Council and the Scheme of Delegation (attached).

 

Note: The deadline for receipt of amendments to reports is midnight, Monday 21 May.

Decision:

Procedural motion on behalf of the Administrati1on that this matter and agenda 12 be dealt with on a vote only basis, CARRIED by 29 votes to 25.

 

Amendment on behalf of Independent Residents’ Group NOT CARRIED by 33 votes to 20; deemed motion on behalf of the Administration CARRIED by 34 votes to 20.

Minutes:

A procedural motion on behalf of the Administration that this matter and agenda item 12 (Members’ Allowances Scheme) be dealt with on a vote only basis, was CARRIED by 29 votes to 25 (see division 3).

 

A report of the Monitoring Officer gave details of the appointment of the Committees of the Council and advised on political balance issues and the scheme of delegation.

 

Deemed motion on behalf of the Administration

 

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

 

Amendment on behalf of the Independent Residents’ Group

 

Council agrees the abolition of the Rainham and South Hornchurch Working Party and creation of Joint Venture Working Party should be referred to Governance Committee to fully consider the reasons and implications for the proposed changes and, if approved, presented and determined at a future Council meeting.

 

The amendment on behalf of the Independent Residents’ Group was NOT CARRIED by 33 votes to 20 (see division 4) and the deemed motion on behalf of the Administration was AGREED as the substantive motion by 34 votes to 20 (see division 5).

 

RESOLVED:

 

 

(1)       That, so far as necessary to enable any changes proposed and agreed during this meeting to be carried in to effect, Council Procedure Rule 20.2 (proposals to amend the Constitution to be referred to Governance Committee without discussion) be suspended.

(2)       That, subject to the Council’s consideration of any motion or amendment to this report relating to changes in the Committee structure, the Committees listed in Appendix 1 of the report to Council be appointed for the 2018/19 Municipal Year and that:

(a)       As required by statute, two voting co-optees representing the Church of England and the Roman Catholic Church and three parent governor co-optees selected in accordance with the appropriate Regulations, be appointed to the Children & Learning Services Overview and Scrutiny Sub-Committee.

(b)       The other non-elected member “appointments” and invitations to attend shown in the Appendix (and particularly its annexes) be confirmed. 

 

(3)       Those Committees be appointed with:

(a) the membership sizes and

(b) the political balance

indicated in Appendix 2 of the report to Council

 

(4)       That the delegation of non-executive functions (as defined by the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (amended) to officers be agreed as set out in the Council’s Constitution.

 

(5)       To agree that all officers with delegated powers have power to further delegate those powers to other officers under s.101 of the Local Government Act 1972 or as provided for by any other legislation and may agree a scheme of delegation to officers for their service areas.

 

 

9.

APPOINTMENT OF THE CHAIRMAN AND VICE-CHAIRMEN OF COMMITTEES pdf icon PDF 191 KB

To consider motions concerning appointment of the Chairmen and Vice-Chairmen of Committees (attached).

 

 

Additional documents:

Decision:

Members were appointed by Council to positions as follows:

 

Committee

Chairman

Councillor

Vice-Chairman

Councillor

Adjudication and Review (2 Vice-Chairmen)

Maggie Themistocli

1. Tim Ryan

2. Ray Best

Audit

Martin Goode

Matt Sutton

Governance

Michael White

Robert Benham

Highways Advisory

Brian Eagling

Ciaran White

Licensing

(3 Vice-Chairmen)

Philippa Crowder

1. Bob Perry

2. Christine Vickery

3. Christine Smith

 

Pensions

John Crowder

Melvin Wallace

Planning

Robby Misir

Carol Smith

Strategic Planning

Melvin Wallace

Keith Darvill

Joint Venture Working Party

Michael Deon Burton

Paul McGeary

Overview and Scrutiny Board

Darren Wise

Keith Darvill

Children and Learning Overview and Scrutiny Sub-Committee

Judith Holt

Gillian Ford

Crime & Disorder Sub-Committee

Bob Perry

John Tyler

Environment Overview and Scrutiny Sub-Committee

John Mylod

Clarence Barrett

Health Overview and Scrutiny Sub-Committee

Nisha Patel

Gillian Ford

Individuals Overview and Scrutiny Sub-Committee

Ray Best

Linda Hawthorn

Towns and Communities Overview and Scrutiny Sub-Committee

Keith Darvill

Chris Wilkins

 

Sub-Committee of the Governance Committee:

 

Appointments

Damian White

Robert Benham

 

 

Minutes:

Motion on behalf of the Conservative Group

 

Committee

Chairman

Councillor

Vice-Chairman

Councillor

Adjudication and Review (2 Vice-Chairmen)

Maggie Themistocli

1. Tim Ryan

2. Ray Best

Audit

 

Matt Sutton

Governance

Michael White

Robert Benham

Highways Advisory

 

Ciaran White

Licensing

(3 Vice-Chairmen)

Philippa Crowder

1. Bob Perry

2. Christine Vickery

3. Christine Smith

 

Pensions

John Crowder

Melvin Wallace

Planning

Robby Misir

Carol Smith

Strategic Planning

Melvin Wallace

 

Joint Venture Working Party

Michael Deon Burton

 

Overview and Scrutiny Board

 

 

Children and Learning Overview and Scrutiny Sub-Committee

Judith Holt

 

Crime & Disorder Sub-Committee

Bob Perry

 

Environment Overview and Scrutiny Sub-Committee

John Mylod

 

Health Overview and Scrutiny Sub-Committee

Nisha Patel

 

Individuals Overview and Scrutiny Sub-Committee

Ray Best

 

Towns and Communities Overview and Scrutiny Sub-Committee

 

 

 

Sub-Committee of the Governance Committee:

 

Appointments

Damian White

Robert Benham

 

 

Motion on behalf of the North Havering Residents Group

 

Committee

Chairman

Councillor

Vice-Chairman

Councillor

Adjudication and Review (2 Vice-Chairmen)

 

1.

2.

Audit

Martin Goode

 

Governance

 

 

Highways Advisory

Brian Eagling

 

Licensing

(3 Vice-Chairmen)

 

1.

2.

3.

 

Pensions

 

 

Planning

 

 

Strategic Planning

 

 

Joint Venture Working Party

 

 

Overview and Scrutiny Board

Darren Wise

 

Children and Learning Overview and Scrutiny Sub-Committee

 

 

Crime & Disorder Sub-Committee

 

 

Environment Overview and Scrutiny Sub-Committee

 

 

Health Overview and Scrutiny Sub-Committee

 

 

Individuals Overview and Scrutiny Sub-Committee

 

 

Towns and Communities Overview and Scrutiny Sub-Committee

 

 

 

Sub-Committee of the Governance Committee:

 

Appointments

 

 

 

 

Motion on behalf of the Independent Residents’ Group

 

Committee

Chairman

Councillor

Vice-Chairman

Councillor

Adjudication and Review (2 Vice-Chairmen)

 

1.

2.

Audit

 

 

Governance

 

 

Highways Advisory

 

 

Licensing

(3 Vice-Chairmen)

 

1.

2.

3.

 

Pensions

 

 

Planning

 

 

Strategic Planning

 

 

Joint Venture Working Party

David Durant

 

Overview and Scrutiny Board

 

 

Children and Learning Overview and Scrutiny Sub-Committee

 

 

Crime & Disorder Sub-Committee

 

 

Environment Overview and Scrutiny Sub-Committee

 

 

Health Overview and Scrutiny Sub-Committee

 

 

Individuals Overview and Scrutiny Sub-Committee

 

 

Towns and Communities Overview and Scrutiny Sub-Committee

 

 

 

Sub-Committee of the Governance Committee:

 

Appointments

 

 

 

 

Motion on behalf of the Residents’ Group

 

Committee

Chairman

Councillor

Vice-Chairman

Councillor

Adjudication and Review (2 Vice-Chairmen)

 

1.

2.

Audit

 

 

Governance

 

 

Highways Advisory

Barry Mugglestone

 

Licensing

(3 Vice-Chairmen)

 

1.

2.

3.

 

Pensions

Stephanie Nunn

 

Planning

 

 

Strategic Planning

Reg Whitney

 

Joint Venture Working Party

 

 

Overview and Scrutiny Board

 

 

Children and Learning Overview and Scrutiny Sub-Committee

 

 

Crime & Disorder Sub-Committee

 

 

Environment Overview and Scrutiny Sub-Committee

 

 

Health Overview and Scrutiny Sub-Committee

Nic Dodin

 

Individuals Overview and Scrutiny Sub-Committee

 

 

Towns and Communities Overview and Scrutiny Sub-Committee

 

 

 

Sub-Committee of the Governance Committee:

 

Appointments

Ray Morgon

 

 

 

 

Motion on behalf of the Labour Group

 

Committee

Chairman

Councillor

Vice-Chairman

Councillor

Adjudication and Review (2 Vice-Chairmen)

 

1.

2.

Audit

 

 

Governance

 

 

Highways Advisory

 

 

Licensing

(3 Vice-Chairmen)

 

1.

2.

3.

 

Pensions

 

 

Planning

 

 

Strategic Planning

 

Keith Darvill

Joint Venture Working Party

 

Paul McGeary

Overview and Scrutiny Board

 

Keith Darvill

Children and Learning Overview and Scrutiny Sub-Committee

 

 

Crime & Disorder Sub-Committee

 

 

Environment Overview and Scrutiny Sub-Committee

 

 

Health Overview and Scrutiny Sub-Committee

 

 

Individuals Overview and Scrutiny Sub-Committee

 

 

Towns and Communities Overview and Scrutiny Sub-Committee

Keith Darvill

 

 

Sub-Committee of the Governance Committee:

 

Appointments

 

 

 

 

 

Motion on behalf of the Upminster & Cranham Residents’ Associations Group

 

Committee

Chairman

Councillor

Vice-Chairman

Councillor

Adjudication and Review (2 Vice-Chairmen)

 

1.

2.

Audit

Clarence Barrett

Clarence Barrett  ...  view the full minutes text for item 9.

10.

APPOINTMENT OF THE MEMBER CHAMPIONS pdf icon PDF 190 KB

To consider motions regarding the appointment of the Member Champions (attached).

 

Additional documents:

Decision:

Member Champions were appointed as follows:

 

Without division:

 

For the Armed Forces – Councillor Denis O’Flynn

For the Over 50’s – Councillor Christine Smith

For the Voluntary Sector Compact – Christine Vickery

For Young People – Ciaran White

 

Councillor Tele Lawal APPOINTED as Member Champion for Equalities and Diversity by 34 votes to 20.

 

Councillor Judith Holt APPOINTED as Member Champion for the Historic Environment by 29 votes to 25.

 

 

Minutes:

 

Motion on behalf of the Conservative Group

 

That the following be appointed Champions as indicated:

 

For the Armed Forces – Tim Ryan

           

For Equality and Diversity –          

 

For the Historic Environment – Judith Holt

 

For the Over 50’s – Christine Smith

           

For the Voluntary Sector Compact – Christine Vickery           

 

For Young People – Ciaran White

 

Motion on behalf of the Labour Group

 

That the following be appointed Champions as indicated:

 

For the Armed Forces – Denis O’Flynn

           

For Equality and Diversity – Tele Lawal

 

For the Historic Environment –

 

For the Over 50’s –

           

For the Voluntary Sector Compact –       

 

For Young People –

 

Motion on behalf of the Upminster & Cranham Residents’ Associations Group

 

That the following be appointed Champions as indicated:

 

For the Armed Forces –

           

For Equality and Diversity – Chris Wilkins

 

For the Historic Environment – Linda Hawthorn

 

For the Over 50’s –

           

For the Voluntary Sector Compact –       

 

For Young People –

 

The nomination of Councillor Tim Ryan  for the Member Champion for the Armed Forces was withdrawn by the Conservative Group.

 

 

The following Member Champions were appointed without division:

 

For the Armed Forces – Councillor Denis O’Flynn

For the Over 50’s – Councillor Christine Smith

For the Voluntary Sector Compact – Christine Vickery

For Young People – Ciaran White

 

The following Member Champions were appointed following a vote:

 

 

Member Champion for Equality & Diversity   

 

Labour Group nominee

Councillor

Upminster & Cranham Residents’ Associations Group nominee

Councillor

Tele Lawal

Chris Wilkins

 

Councillor Tele Lawal was ELECTED as Member Champion for Equalities & Diversity by 34 votes to 20 (see division 23).

 

 

Member Champion for the Historic Environment  

 

Conservative Group nominee

Councillor

Upminster & Cranham Residents’ Group nominee

Councillor

Judith Holt

Linda Hawthorn

 

 

Councillor Judith Holt was ELECTED as Member Champion for the Historic Environment by 29 votes to 25 (see division 24).  

 

 

 

 

 

11.

MEMBERS' ALLOWANCES SCHEME pdf icon PDF 280 KB

To consider a report of the Chief Executive on the Members’ Allowances Scheme (attached).

 

NOTE: The deadline for receipt of amendments to reports published with the final agenda is midnight, Monday 23 May.

Additional documents:

Decision:

Four questions on the report by the Residents’ Group responded to by the Leader of the Council.

 

Amendment on behalf of the Upminster and Cranham Residents’ Associations Group NOT CARRIED by 30 votes to 24; amendment on behalf of the Independent Residents’ Group NOT CARRIED by 29 votes to 19; deemed motion on behalf of the Administration CARRIED by 31 votes to 23.

Minutes:

 

Council noted the amended recommendation of the report as follows:

 

Amended recommendation of report:

That the changes to the Members’ Allowances Scheme be implemented as per the report, subject to the addition of paragraph 11 as shown below:

 

11                           Financial Limits

The Chief Operating Officer will arrange for the budget for members allowances to be monitored to ensure that budgetary issues are reported to Members.

 

(a)          Increases in Allowances

Basic Allowances as quoted will be updated for 2018/19 by any 2018/19 increases as agreed under the annual Local Government Pay Settlement of the Joint Negotiating Committee for Chief Officers of Local Authorities or its replacement under the local pay agreement.  The amounts so calculated are to be rounded up to be divisible for payment purposes.

 

The amended basic allowance will be found on the Internet once any annual % uplifts have been agreed.

 

The Travelling and Subsistence allowances will be increased in line with the increase in officer rates.

 

 

 

The following questions on the report were submitted by the Residents’ Group:

 

1.    Given that the same number of opposition groups exist after the recent local elections as before them, would the Leader of the Council provide an explanation as to how the opposition groups have become more diverse and what evidence can he provide to demonstrate that the workload of all the opposition Group Leaders will reduce by half to reflect the proposed 50% reduction in Leaders allowances?

 

2.  Under The Local Authorities (Members’) Regulations 2003, it states that before a scheme is amended, the authority shall have due regards to the recommendations made by an Independent remuneration panel, in this case, London Councils. Would the Leader of the Council explain how this due regard was considered in relation to the SRA for the Leader of the Opposition which it is proposed be over 50% less than the recommended MINIMUM by London Councils?

 

3.  Given that the above report from London Councils places in Band two, the Leader of the Opposition and the Chair of the Scrutiny Board, would the Leader of the Council explain why there has been such discrimination in how these roles have been treated in terms of remuneration?

 

4.   Given the generous allowance proposed for the Vice-Chair of Strategic Planning Committee and the limited number of occasions when vice-chairs are used in this council, Would the Leader of the Council confirm how he justifies equating the remuneration of this position with the role and workload performed by the Leader of the opposition.

 

Response to questions by the Leader of the Council

 

This Council has a very large number of small opposition groups (5) compared with other London Boroughs which often have only one or two. The largest of those Groups in this Council has only 8 members, the smallest has 3. The proposed allowances for Group Leaders are more proportionate, having regard to the overall responsibilities of those roles, the small number of members they are responsible for, and comparing those roles in the  ...  view the full minutes text for item 11.

12.

STATEMENT BY THE LEADER OF THE COUNCIL pdf icon PDF 215 KB

To receive a statement by the Leader of the Council.

Minutes:

The text of the statement given by the Leader of the Council is shown at appendix 3 to these minutes.

13.

VOTING RECORD pdf icon PDF 24 KB

Minutes:

The record of voting decisions is attached as appendix 4 to these minutes.