Agenda and minutes

On the occasion of his first Council meeting in the role of Mayor’s Chaplain, Deacon Tony Martin took the opportunity to address the Council and then led the meeting in formal opening prayers.

(1)            COUNCILLOR MISS LYNE

His Worship the Mayor, joined by other Members of Council, welcomed Councillor Miss Lyne to the meeting following her enforced absence from recent meetings due to illness.

(2)            COUNCILLORS JEAN LAMMIMAN AND ROMAIN

All Members of Council joined in conveying their best wishes for a speedy recovery to Councillors Jean Lammiman and Romain, absent from this meeting through illness.

To receive any declarations of personal interests or prejudicial interests by Members of Council, arising in relation to the business for this Meeting.

(i)             Item 5 on the Summons - Petitions

Prior to presenting the petition regarding Roxeth Nursery, First and Middle School detailed at Minute 133 below, Councillor Mrs Kinnear declared a personal interest arising from her position as Chair of the Finance and Premises Committee of the Governing Body of the School. She indicated that she had not had input into the petition.

(ii)             Item 17(3) on the Summons – Motion regarding the closure of Harrow Court House

Councillor Ann Groves declared a personal interest in the above item arising from her position as a Justice of the Peace at Harrow Magistrates’ Court and, accordingly, she was entitled to remain and take part in the discussion and voting on this item.

Councillor C Mote declared a personal interest in the above item arising from his position as a Justice of the Peace at Hillingdon Magistrates’ Court and, accordingly, he was entitled to remain and take part in the discussion and voting on this item.

To take as read and approve as a correct record the minutes of the Annual Council Meeting held on 15 May 2003

[Notes: (i) The Annual Council Minutes have been circulated previously within Volume 1 of the Cabinet and Council Minutes (2003/04);

(ii) the Minutes are also now enclosed with this Summons for ease of reference]

RESOLVED:

THAT THE MINUTES OF THE PREVIOUS COUNCIL (ANNUAL COUNCIL) MEETING HELD ON 15 MAY 2003, HAVING BEEN PRINTED AND CIRCULATED, AND SUBJECT TO THE CORRECTIONS NOTIFIED, BE TAKEN AS READ AND SIGNED AS A CORRECT RECORD.

To receive any announcements from the Mayor.

[ Note: Information as to recent Mayoral engagements will be tabled].

RESOLVED:

THAT THE COUNCIL RECEIVE AND NOTE THE REPORT OF HIS WORSHIP THE MAYOR, AS TABLED, UPON HIS OFFICIAL DUTIES, TOGETHER WITH THOSE OCCASIONS ON WHICH HE WAS REPRESENTED BY THE DEPUTY MAYOR OR A PAST MAYOR, SINCE THE ANNUAL COUNCIL MEETING ON 15 MAY 2003.

His Worship the Mayor advised that later in the Municipal Year he would be holding a reception for the following Harrow residents, to congratulate them on receiving awards in the Queen’s Birthday Honours List:-

To receive and consider any procedural motions by Members of Council, under relevant Council Procedure Rules, in relation to the conduct of the business for this Council Meeting.

[ Note: Notice of such procedural motions, received after the issuing of this Summons, will be tabled].

The Leader of the Opposition, Councillor C Mote, moved a procedural motion under the provisions of Council Procedure Rule 4.2 (Variation of the Order of Business), to effect the consideration of the two Motions at 17(3) and 17(1) of the Summons (in that revised order) immediately following Item 6 (Public Questions).

His procedural motion received the general assent of Council.

RESOLVED:

THAT THE PROCEDURAL MOTION UNDER COUNCIL PROCEDURAL RULE 4.2 BE AGREED, TO ALLOW THE CONSIDERATION OF ITEMS 17(3) AMD 17(1) IMMEDIATELY FOLLOWING ITEM 6.

To receive petitions (if any) submitted in accordance with Council Procedure Rule 11 and presented:-

(i)                 by a representative of the petitioners;

(ii)               by a Councillor, on behalf of petitioners; or

(iii)             by the Borough Solicitor, on behalf of petitioners.

In accordance with Council Procedure Rule 11, the following petitions were presented by Members of Council on behalf of petitioners:

(1)            Councillor Mrs Kinnear submitted a petition containing 146 signatures of local residents which called upon the Council to reassess the access arrangements to Roxeth Nursery, First and Middle School from Roxeth Hill to aid ease of access for those parents with prams and pushchairs.

[The petition stood referred to the Cabinet].

(2)            Councillor John Cowan submitted a petition, which he indicated was on behalf of Councillor Romain, who was absent from this meeting. The petition contained 16 signatures of local residents and called upon the Council to address parking, speeding and litter problems In Pangbourne Drive, Stanmore.

[The petition stood referred to the Traffic Advisory Panel].

[It was noted that there were no petitions submitted at this meeting by members of the public].

A period of up to 15 minutes is allowed under Council Procedure Rule 12 for members of the public to ask questions of members of the Executive, Portfolio Holders and Chairs of Committees, of which notice has been received no later than 5.00p.m. two clear working days prior to the day of this Meeting.

[ Note: Confirmation of any such questions will be tabled].

Further to Item 6 on the Summons, the following questions were submitted by members of the public, in accordance with Council Procedure Rule 12.3:

[Note: Oral answers were provided to the above questions and, under the provisions of Council Procedure Rule 12.4, Mr Seedher also asked a supplementary question which was additionally answered. A third and fourth questions, notified to the meeting, were not put as the questioners were not in attendance for this item].

 (i)            Councillor Ann Groves moved and Councillor Navin Shah seconded the following Motion appearing at 17(3) of the Council Summons;-

“This Council deplores the decision of the Greater London Magistrates’ Court Authority (GLMCA) to close Harrow Court House in July 2004.

The Council notes with grave concern that the local authority was excluded from the feasibility study to establish the possibility of co-locating the Magistrates’ Court to the Crown Court; that no information financial or logistical has been provided in support of GLMCA’s decision and that all matters were conducted in private.

The Council fully supports the appeal against this decision, and all other legitimate efforts to maintain local justice for the residents of Harrow.”

(ii)             Councillor C Mote having moved an amendment to the Motion in the following terms, the indicated seconder of this motion, Councillor D Ashton, deferred to Councillor John Cowan who formally seconded the amendment;-

“At the end of the existing Motion(3) add the following new paragraph;-‘This Council calls upon the Labour Members of Parliament for Harrow East, Tony McNulty, and Harrow West, Gareth Thomas, and Toby Harris, London Assembly Member for Brent and Harrow, to support fully this Council’s Motion’”.

(iii)            The mover and seconder of the original Motion indicated their acceptance of the amendment outlined at (ii) above.

(iv)             The substantive Motion, as amended, was agreed unanimously.

RESOLVED:

THAT THE SUBSTANTIVE MOTION, AS AMENDED AT (ii) ABOVE, BE ADOPTED UNANIMOUSLY.

(i)             Councillor C Mote moved and Councillor D Ashton seconded the following Motion at Item 17(1) of the Summons:

“That this Council changes its nominated members on the ALG committees and panels.  The following changes as set out below:

(ii)          Upon a vote, the Motion was not carried.

RESOLVED:

THAT THE MOTION, AS SET OUT AT (i) ABOVE, NOT BE ADOPTED.

[Note: A tabled alteration to this Motion under Council Procedure Rule 17.7 was not moved].

Report from the Chief Executive.

(i)             At Item 7 of the Summons the Council received a report of the Chief Executive which advised that, having given consideration to new regulations concerning Members’ allowances issued by the Office of the Deputy Prime Minister and related recommendations issued by the Association of London Government Independent Remuneration Panel, revisions to Harrow Members’ Allowances Scheme were now recommended. Accordingly, these were detailed.

(ii)             Council also received the following proposed amendments to the Recommendations:

Recommendation 2.1.8 – to amend to include the words ‘to formal Council Committees’ after the word ‘co-optees’.

Recommendation 2.1.9 – to accept the proposed payment of an allowance to co-optees and Independent Members of the Standards Committee.

Recommendation 2.1.11 – to request the development of Job Descriptions for Councillors.

Schedule 1  -  to amend to include the Mayor and Deputy Mayor at Bands 3 and 1, respectively.

These amendments were agreed by the Council.

(iii)             During debate, Councillor C Mote moved and Councillor D Ashton seconded an amendment to the Recommendation at paragraph 2.1.1 in the following terms

“Delete the words ‘Local Government Pay Settlement (LGPS)’ and replace with ‘Retail Price Index’ ”.

Upon a vote the amendment was not carried.

(iv)             The substantive Recommendation, subject to the amendments outlined at (ii) above, was agreed by the general assent of Council in the following full form:-

RESOLVED:

THAT COUNCIL AGREE:

(1) TO UPRATE THE BASIC AND SPECIAL RESPONSIBILITY ALLOWANCES ANNUALLY IN LINE WITH THE LOCAL GOVERNMENT PAY SETTLEMENT (LGPS)

(2) A NEW FRAMEWORK FOR OUT OF BOROUGH TRAVEL AND SUBSISTENCE ALLOWANCES, NAMELY THAT MEMBER CLAIMS BE BROUGHT INTO LINE WITH THE OFFICER SCHEME

(3) THAT DISPUTES ABOUT PAYMENT OF DEPENDANTS’ CARERS’ ALLOWANCE BE REFERRED TO THE STANDARDS COMMITTEE FOR ADJUDICATION

(4) THAT THE HARROW SCHEME INCLUDE PROVISION FOR IN-YEAR AMENDMENTS TO THE SCHEME TO BE BACKDATED

(5) THAT THE HARROW SCHEME NOT INCLUDE PROVISION FOR MEMBERS’ ALLOWANCES TO BE PENSIONABLE

(6) THAT THE HARROW SCHEME INCLUDE PROVISION FOR WITHOLDING ALLOWANCES FOR SUSPENDED MEMBERS OF THE COUNCIL

(7) TO AMEND THE HARROW SCHEME TO CLARIFY THE UPPER AGE LIMIT FOR PAYMENT OF DEPENDANTS’ CARERS ALLOWANCES

(8) TO PAY TRAVEL AND SUBSISTENCE ALLOWANCE TO CO-OPTEES TO FORMAL COUNCIL COMMITTEES

(9) TO PAY CO-OPTEES AND INDEPENDENT MEMBERS OF THE STANDARDS COMMITTEE A BASIC ALLOWANCE OF £400 PER YEAR

(10) THAT THE ALG PANEL RECOMMENDATION IN RESPECT OF QUASI-JUDICIAL ALLOWANCES BE CONSIDERED IN THE FORTHCOMING BUDGET PREPARATION

(11) TO REQUEST THE MEMBER DEVELOPMENT PANEL TO DEVELOP JOB DESCRIPTIONS FOR COUNCILLORS.

(12) TO AMEND SCHEDULE 1 TO INCLUDE THE MAYOR AND DEPUTY MAYOR ALLOWANCES AT BANDS 3 AND 1 RESPECTIVELY.

The Recommendations of Cabinet having been formally moved by the Leader of the Council, Councillor Foulds, in relation to the Executive bodies, as was necessary, and the Recommendations of  Committees of Council having been accepted as submitted, it was

RESOLVED:

THAT THE COUNCIL RECEIVE AND, UPON CONSIDERATION, CONFIRM, OR OTHERWISE DETERMINE THE FOLLOWING RECOMMENDATIONS ARISING FROM THE MEETINGS INDICATED.

(1)  BEST VALUE PERFORMANCE PLAN 2003/2004

The above Recommendations were adopted as printed.

(2)  SERVICE AND FINANCIAL PLANNING PROCESS 2004-05 TO 2006-07

The Recommendation was adopted as printed.

(3)  BUDGET CONSULTATION PROCESS

The Recommendation was adopted as printed.

[Notes: (i) Under Council Procedure Rule 13.1 (Questions Without Notice) several questions were asked of the Leader and of the Finance Portfolio Holder by Councillors D Ashton, Miss Bednell, Ingram and John Nickolay to which oral answers were provided.

(ii) Following the answering of the above questions, Councillor Gate moved, under the provisions of Council Procedure Rule 17.10 (c), that Council proceed to the next business. The Mayor allowed Councillor John Cowan to put a final question to the Finance Portfolio Holder who provided an oral answer].

(4)      STATEMENT OF ACCOUNTS 2002-2003

The Recommendation was adopted as printed.

(5)  ANNUAL REPORT OF THE OVERVIEW AND SCRUTINY COMMITTEE 2002-03

The Recommendation was adopted as printed.

(6)      COMPLAINTS AGAINST COUNCILLORS: LOCAL DETERMINATION OF COMPLAINTS REFERRED FROM THE STANDARDS BOARD FOR ENGLAND

The Recommendation was adopted as printed, subject to the substitution of a corrected Appendix 1 relating to the membership of the Hearing Panel.

(1)  In accordance with the Overview and Scrutiny Procedure Rules set out in Part 4 of the Constitution, the Borough Solicitor is required to report to the Council any decisions taken as a matter of urgency on behalf of the Executive (that is, as individually authorised by the Portfolio Holders).

(2)  In accordance with paragraph 17.3 of the Access to Information Procedure Rules, the Leader of the Council is required to report to Council any decisions taken under the Special Urgency Procedure. This requirement is met in the attached paper from the Borough Solicitor.

FOR CONSIDERATION

In accordance with the Overview and Scrutiny Procedure Rules and Access to Information Rules set out in Part 4 of the Constitution, the Borough Solicitor presented a report regarding decisions taken as a matter of urgency on behalf of the Executive (that is, as individually authorised by the Portfolio Holders).

RESOLVED:

THAT THE DECISIONS TAKEN UNDER THE SPECIAL URGENCY PROCEDURE ON BEHALF OF THE EXECUTIVE NOW REPORTED BE NOTED.

Report from the Chief Executive.

In accordance with the Council’s Overview and Scrutiny Procedure Rules which required Members to consider and monitor the operation of the provisions for call-in and urgency on an annual basis, the Council received a report of the Chief Executive on this matter.

RESOLVED:

THAT THE ANNUAL REPORT REGARDING THE OPERATION AND PROVISIONS FOR CALL-IN AND URGENCY BE NOTED AND ENDORSED.

A period of up to 15 minutes is allowed ( Council Procedure Rule 13.2 ) for the asking of written questions by Members of Council of a member of the Executive or the Chair of any Committee:-

(i)         of which notice has been received at least two clear working days prior to the day of this Meeting;

(ii)               or which relate to urgent matters, the consent of the Executive member or Committee Chair to whom the question is to be put has been obtained and the content has been advised to the Borough Solicitor by 12.00 noon on the day of the Council Meeting.

(1) Question of the Environment and Transport Portfolio Holder:

Councillor Branch has given notice of the following question to be asked of Councillor O’Dell :-

“Could the Portfolio Holder for Environment and Transport let this Council know if any money taken from parking fees and fines is ring fenced for improvements to our local roads in Harrow ?”

(2)  Any Other Questions of which Notice may be given

(confirmation of any such Questions will be tabled).

Further to Item 16 on the Summons, the following questions had been submitted by Members of the Council, notice of which had duly been given under the provisions of Council Procedure Rule 13.2. Of these, the first six were answered orally (see notes below):

[Notes: (1) Under the provisions of Council Procedure Rule 13.5, the Members submitting questions (1), (3), (4), (5) and (6) asked an oral supplementary question each which were also answered;

(2) in accordance with Council Procedure Rule 13, it was agreed that written answers would be provided to questions (7) and (8) as they had not been reached within the 15 minutes time limit given to the asking of questions].

Report of the Chief Executive.

The Council received a report of the Chief Executive which, further to recent organisational and personnel changes, confirmed the arrangements in respect of the designation of statutory officers and updated the Council’s Scheme of Delegation accordingly. 

RESOLVED:

THAT

(1) THE COUNCIL RECEIVE AND CONFIRM THE SCHEDULE OF THE AUTHORITY’S MANAGEMENT ARRANGEMENTS FOR PROVIDING THE OFFICER ROLES REQUIRED BY STATUTE, AS SET OUT AT PARAGRAPH 3 OF THE OFFICER REPORT AND THE SCHEDULES APPENDED THERETO

(2) THE INTENDED TRANSFER FROM INTERIM TO PERMANANET ARRANGEMENT FOR THE ALLOCATION OF THE FINANCE AND EDUCATION STATUTORY ROLES BE AUTHORISED, AS SET OUT AT PARAGRAPH 3 OF THE OFFICER REPORT AND THE SCHEDULES APPENDED THERETO, TO BE IMPLEMENTED WHEN THE RELEVANT POSTS ARE FILLED AND THE INCUMBENTS HAVE COMMENCED THEIR DUTIES

(3) THE CONSTITUTIONAL PROVISION FOR THE DELEGATION OF PROPER OFFICER FUNCTIONS BE RE-CONFIRMED, AS SET OUT AT PARAGRAPH 4 OF THE OFFICER REPORT

(4) THE SCHEME OF DELEGATIONS TO CHIEF OFFICERS IN THE CONSTITUTION BE UPDATED TO REFLECT THE CHANGES SET OUT IN THE SCHEDULE TO THE OFFICER REPORT.

The Motion at Item 17(2) of the Council Summons, in the names of Councillor John Nickolay and Harriss was withdrawn from consideration under the provisions of Council Procedure Rule 17.8 at the request of those Members and with the consent of Council as the matter was to be the subject of inter-Group discussions.

STANDARDS COMMITTEE

The Liberal Democrats Group has notified the following Committee Membership changes within its allocation on the Standards Committee.

DEVELOPMENT CONTROL COMMITTEE

The Conservative Group has notified the following Committee Membership changes within its allocation on the Development Control Committee.

OVERVIEW AND SCRUTINY COMMITTEE

The Labour Group has notified the following Committee Membership changes within its allocation on the Overview and Scrutiny Committee.

FOR CONFIRMATION

Further to Item 19 on the Summons and the corrections subsequently advised, the Labour, Liberal Democrat and Conservative Groups gave notice of proposed changes in Committee memberships/Reserve Committee memberships, within their proportional entitlements to places on Committees.

The Council gave its confirmatory assent to the changes.

RESOLVED:

THAT THE FOLLOWING VARIATIONS IN COMMITTEE MEMBERSHIPS / RESERVE COMMITTEE MEMBERSHIPS BE HEREBY APPROVED:-

STANDARDS COMMITTEE

DEVELOPMENT CONTROL COMMITTEE

OVERVIEW AND SCRUTINY COMMITTEE

Report of the Borough Solicitor.

In a report of the Borough Solicitor, confirmation of a number of proposed revisions to the Council’s representation on outside bodies was sought, as outlined at Item 20 on the Summons and in a tabled document, which provided an update on one affected appointment.

The Council expressed its appreciation for Councillor Harrison’s service on the Network Association Management Committee to which the nomination of a London Borough of Harrow representative had now, it was reported, ended following its reconstitution as the Stadium Housing Association.

RESOLVED:

THAT

(1) THE REVISIONS TO AND CANCELLATIONS OF THE APPOINTMENTS REPORTED, INCLUDING THE CANCELLATION OF THE APPOINTMENT TO THE NETWORK HOUSING ASSOCIATION MANAGEMENT COMMITTEE NOW REPORTED, BE NOTED

(2) THE APPOINTMENTS TO THE NEW OUTSIDE BODY ‘REFUGEES INTO JOBS BOARD’ BE AGREED

(3) THE EXTENDED APPOINTMENTS OF EXISTING REPRESENTATIVES FOR THE REMAINING LIFE OF THE HARROW COMMUNITY HEALTH COUNCIL UNTIL 31 DECEMBER 2003 OR SUCH LATER DATE IN 2004 AS MAY BE REQUIRED, UP UNTIL THE MAY ANNUAL COUNCIL MEETING, BE CONFIRMED

(4)  THE OUTSTANDING ISSUES WITH CERTAIN APPOINTMENTS BE NOTED.

A number of Executive Actions have been taken on behalf of the Council following consultation with the Group Leaders, since the Annual Meeting.

These are as reported in the attached document.

FOR CONFIRMATION

Council was advised of a number of decisions which had been taken on behalf of the Council, following consultation with Group Leaders, via the Urgent Non-Executive Action Procedure since the Annual Council Meeting.

RESOLVED:

THAT THE NON-EXECUTIVE ACTIONS NOW REPORTED BE HEREBY CONFIRMED.