Agenda, decisions and minutes

To receive apologies for absence (if any).

Apologies have been received from Councillor Michael White.

Received from Councillor Michael White.

Apologies for absence were received from Councillor Michael White.

To agree as a true record the minutes of the meeting of the Council held on 14 September 2016 (attached).

Minutes AGREED as a correct record.

The minutes of the meeting of the Council held on 14 September 2016 were before the Council for approval.

It was AGREED that the minutes of the meeting of the Council held on 14 September 2016 be signed as a correct record.

RESOLVED:

That the minutes of the Council meeting held on 14 September 2016 be signed as a correct record.

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.

Councillors Darvill and O’Flynn disclosed personal interests in agenda item 11B (motion on Trade Union Act 2016) as members of a Trade Union.

Councillors Darvill and O’Flynn disclosed personal interests in agenda item 11B (motion on Trade Union Act 2016) as members of a Trade Union.

To receive announcements (if any).

The Mayor thanked all Members and staff who had supported her Christmas Bring a Toy appeal. The Mayor also thanked the Royal British Legions for organising the recent Remembrance Sunday commemoration events as well as the Lightning Drama Group who had taken part in the Rainham event.

The Mayor had recently attended the opening of the temporary ice rink in Romford town and thanked the Romford Raiders and Birmingham Ice Freestylers for their participation. Thanks were also recorded to officers who organised the Christmas events in Hornchurch and Romford.

The text of the announcements made by the Leader of the Council is attached as appendix 1 to these minutes.

Councillors Alex Donald, Barry Mugglestone, Darren Wise Patricia Rumble and Keith Darvill have given notice of intention to present a petition. Councillor Rumble will present two petitions.

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

Received from Councillors Donald, Mugglestone, Wise, Rumble and O’Flynn.

Pursuant to Council Procedure Rule 23, the following petitions were presented:

From Councillor Donald concerning a request for road humps on Ashflower Drive.

From Councillor Mugglestone concerning the requested installation of road safety measures in Woburn Avenue, Elm Park.

From Councillor Wise concerning a request for a pedestrian crossing and more speed cameras in Shepherds Hill.

From Councillor Rumble concerning the shortage of parking in Retford Close.

From Councillor O’Flynn concerning the proposed solar panel farm in Dagnam Park.

Note: The deadline for amendments to reports published with the final Council agenda is midnight, Monday 21 November 2016.

To consider a report of Cabinet on outline proposals to address early years, primary, secondary and SEN rising rolls – update to phase 3 and phase 4 expansion programme (attached).

This report contains an EXEMPT appendix.

Report AGREED by 46 votes to 5.

A report of Cabinet set out various options to meet the increased demand for school places in Havering, as a result of rising birth rates. This covered demand for places at Early Years, Primary, Secondary and Special Educational Needs facilities.

The report was AGREED by 46 votes to 5 (see division 1) and it was RESOLVED:

That, in respect of the Capital Programme, the following items of funding be added to the budget:

       i.       £2.5m of unallocated S106 developer contributions for Education purposes

      ii.       £1.4m early years grant referred to in recommendation 7 of the Cabinet report (subject to bid being successful)

    iii.       £5m estimated 19/20 basic need grant (to be adjusted to final grant allocation once announced).  Note, tenders would not be awarded to commit expenditure against this grant prior to confirmation of the grant.  The inclusion within the capital programme at an earlier stage will however enable schemes to be developed.

In addition,

That the detailed schemes outlined in the exempt Appendix 3 to the report to Cabinet on 12 October 2016 be approved for inclusion in the Capital Programme (subject to any revisions following confirmation of any grant funding).

To consider a report of Cabinet on the Annual Treasury Management Report (attached).

Report AGREED without division.

A report of Cabinet asked Council, as required under the Treasury Management Code of the Chartered Institute of Public Finance and Accountancy, to consider and note a report covering treasury activity and the associated monitoring and control of risk.

The report was AGREED without division and it was RESOLVED:

That the report be considered and noted.

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

4 questions regarding report replied to.

Report AGREED without division.

A report of the Chief Executive gave details of recent exceptions granted to the overview and scrutiny call-in procedure. These covered the following issues:

1)    Services Dispute Resolution (exempt from publication)

2)    Decision to support revision to the GLA High Street Fund project, The Retailery

3)    Extension to three highways and street lighting term maintenance contracts:

Volker Highways Limited

Marlborough Surfacing Ltd

Miller Bros (Romford) Ltd

4)    ICT Core Infrastructure Platform Placement

In accordance with Council Procedure Rule 11.8 (a) several questions relating to the report were submitted by the Residents’ Group. In response, the Leader of the Council explained legal advice indicating that only the Leader himself was authorised to sign Executive Decisions relating to leases meant that the decision regarding ‘The Retailery’ had become urgent if grant monies for the project were to be retained. An exemption from call-in was therefore requested for this reason.

As regards the ICT Core Infrastructure Platform Placement, the shared platform had been due to be replaced but this was made more urgent due to factors including a lack of availability of parts and a recent significant power outage at Newham placing additional strain on the infrastructure. The urgency and risk rating of this issue were subsequently raised to the highest level and an exemption from call-in sought.

The report was AGREED without division and it was RESOLVED:

That the report be noted.

Attached.

15 questions replied to.

Fifteen questions were asked and replies given. The text of the questions, together with their answers, is shown as appendix 2 to these minutes.

Motions paper attached.

A procedural motion that all motions debated should be heard under the intermediate debate procedure was AGREED by 51 votes to 0.

A.   ENFORCEMENT OF THE LAW AND COUNCIL POLICIES

Amendment by Conservative Group CARRIED by 35 votes to 16 and AGREED as substantive motion without division.

B.   TRADE UNION ACT 2016

Amendment by the Conservative Group CARRIED by 42 votes to 5; amendment by Independent Residents’ Group NOT CARRIED by 38 votes to 7; amendment by Conservative Group AGREED as substantive motion by 42 votes to 6.

C.   MAYOR OF LONDON

Motion by Independent Residents’ Group withdrawn and resubmitted to next meeting of Council.

D.   SOLAR PARKS

Motion by United Kingdom Independence Party Group withdrawn and resubmitted to next meeting of Council.

E.   ORCHARD VILLAGE

Amendment by Conservative Group CARRIED by 46 votes to 7; Conservative Group amendment AGREED as substantive motion without division.

A procedural motion that all motions debated should be heard under the intermediate debate procedure was AGREED by 51 votes to 0 (see division 2).

Motion on behalf of the Residents’ Group

Many residents complain about the lack of enforcement in Havering, so this council calls upon the Administration to set out a strategy backed up with clear procedures and the necessary resources to ensure that there is effective enforcement of the law and council policies in Havering.

Amendment by the Conservative Group

Amend motion to read:

In recognising residents’ complaints about lack of enforcement THIS COUNCIL NOTES that a review with stakeholders has been undertaken with a main purpose of identifying a common approach to enforcement across the Borough optimising the use of resources and balancing the focus of key priorities. Following a restructure there is now in place a management platform to carry forward further reorganisation designed to concentrate on tackling effectively those matters that cause most harm within our community within available resources.

Following debate, the amendment by the Conservative Group was CARRIED by 35 votes to 16 (see division 3) and AGREED as the substantive motion without division.

RESOLVED:

In recognising residents’ complaints about lack of enforcement THIS COUNCIL NOTES that a review with stakeholders has been undertaken with a main purpose of identifying a common approach to enforcement across the Borough optimising the use of resources and balancing the focus of key priorities. Following a restructure there is now in place a management platform to carry forward further reorganisation designed to concentrate on tackling effectively those matters that cause most harm within our community within available resources.

Motion on behalf of the Labour Group

This Council recognises the positive contribution that trade unions and trade union members make in our workplaces. This Council values the constructive relationship that we have with our trade unions and we recognise their commitment, and the commitment of all our staff, to the delivery of good quality public services.

This Council notes with concern the Trade Union Act 2016 which will negatively affect this Council’s relationship with our trade unions and our workforce as a whole.

It is noted that the Act will incur administrative costs in forcing the Council to monitor and publish information about how many employees carry out union duties. This Council does not think that this excessive monitoring of recognised trade unions is an appropriate use of the Council’s money and resources.

This Council is clear that facility time, negotiated and agreed by us and our trade unions to suit our own specific needs, has a valuable role to play in the creation of good quality and responsive local services. The Council also recognises the contribution that our trade unions have made in using facility time to speed up the terms and conditions review, and restructures, used to deliver savings across the Council. Moreover, the Council recognises that restricting facility time will only delay disciplinary, sickness and grievance procedures, at which employees have a statutory right to be represented by their union. This would make escalation and additional costs to the Council incurred from tribunal fees, more likely.

This Council is happy with the arrangements we currently have in place for facility time. We see this as an important part of our positive industrial relations and an inexpensive and easy way to administer a system that supports our staff by reducing dismissal rates, voluntary exits, workplace illnesses, and recruitment costs and improves staff retention and productivity.

This Council recognises the valuable work carried out by Health and Safety reps in maintaining safe workplaces and preventing workplace injuries, and which is an economical way of promoting health and safety for the Council.

This Council further resolves to seek to continue its own locally agreed industrial relations strategy and will take every measure possible to maintain its autonomy with regard to facility time and other arrangements.

Amendment by the Conservative Group

Amend motion to read:

This Council recognises the positive contribution that trade unions and trade union members can make in our workplaces. This Council values the constructive relationship that we have with our trade unions and we recognise their commitment, and the commitment of all our staff, to the delivery of good quality public services.

This Council notes that the Trade Union Act 2016 received the Royal Assent on 4^th May 2016 and that those provisions of the Act that are implemented and are applicable to the Council will be observed in a responsible and sensitive manner.

Amendment by the Independent Residents’ Group

Amend motion to read:

This Council welcomes the Prime Minister’s comments about leading a Government  ...  view the full minutes text for item 63.

Motion on behalf of the Independent Residents’ Group

When the Greater London Authority (GLA) was set-up it had more limited powers. It is presided over by an Elected Mayor. In recent years the GLA has acquired more powers including over housing prompting concerns about the democratic status of the Elected Mayor. Indeed how is it possible for one person to be held accountable on the many issues that matter in a city the size of London?

Thus this Council agrees the post of Elected Mayor of London should be abolished with the Mayor's powers transferred to the Elected Assembly who then elect the Mayor/Leader as we do in Havering and calls on the Council Leader to seek support for this change from other London councils.

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

Motion on behalf of the United Kingdom Independence Party Group

This Council recommends that the Executive conducts a poll before deciding whether or not to introduce Solar Parks at both Dagnam Park and Gerpins Lane.

Amendment by the Conservative Group

This Council notes that the Executive will consider carefully all responses to consultation before deciding whether or not to introduce Solar Parks at both land adjacent to Dagnam Park and land at Gerpins Lane and that if the solar farm project contained in the Medium Term Financial Strategy agreed by the Council does not proceed further substantial savings will be required.

This motion was withdrawn by the United Kingdom Independence Party Group and resubmitted to the next meeting of Council.

Motion on behalf of the United Kingdom Independence Party Group

Orchard village has had significant problems and some residents have reported experiencing major faults with the condition of the building. Despite numerous attempts to correct some of the problems residents face there has been no improvement in their living conditions. This situation has been picked up by the main stream media.

Therefore this council recommends that the Executive agrees to consider the exercise of its powers under the Building Act 1984 where legally possible to ensure rectification of the building work undertaken there and to take steps to recover any costs incurred arising from this from the companies involved.

Amendment by the Conservative Group

Amend motion to read:

This Council recommends that the Executive agrees to consider the

exercise of its powers under the Building Act 1984 where legally possible to ensure rectification where appropriate of building work and to take steps where possible to recover any costs incurred arising from this from the companies involved.

Due to the lateness of the hour, this matter was dealt with on a vote only basis. The amendment by the Conservative Group was CARRIED by 46 votes to 7 (see division 7) and AGREED as the substantive motion, without division.

The record of voting decisions is attached as appendix 3 to these minutes.