Agenda and minutes

The Mayor’s Chaplain, Deacon Tony Martin, addressed the Council and then led the Meeting in formal opening prayers.

The Mayor made a statement welcoming the public to the Meeting and advising of the manner in which it was intended to conduct the Revenue Budget and Council Tax debate.   He also advised that the Council would not be adjourning for a break at 9.00 pm as was customary but sitting in continuous session until the close of the Meeting.

That the minutes of the Special Meeting held on 22 January 2004 and of the Ordinary Meeting held on 22 January 2004, having been circulated, be taken as read and signed as a correct records.

(Notes: (i) The minutes of the above Meetings have been circulated previously within Volume 8 of the Cabinet and Council Minutes (2003/04);

(ii) those minutes are also now enclosed with this Summons for ease of reference).

RESOLVED:

THAT THE MINUTES OF THE SPECIAL MEETING HELD ON 22 JANUARY 2004 AND OF THE ORDINARY MEETING HELD ON 22 JANUARY 2004, HAVING BEEN CIRCULATED, BE TAKEN AS READ AND SIGNED AS CORRECT RECORDS.

To receive declarations of interest (if any) from Members of Council arising from business to be transacted at this meeting.

The Mayor invited appropriate declarations of interest by Members of Council, with particular reference to the Cabinet Recommendation in relation to the Revenue Budget and the setting of the Council Tax 2004/2005.

RESOLVED:

THAT THE DECLARATIONS OF INTEREST MADE BY MEMBERS OF COUNCIL IN RESPECT OF THE BUSINESS TO BE TRANSACTED AT THIS MEETING BE DULY RECEIVED AND RECORDED (AS SET OUT AT APPENDIX I).

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 THE OCCASIONS ON WHICH HE HAD BEEN REPRESENTED BY THE DEPUTY MAYOR, SINCE THE PREVIOUS COUNCIL MEETING.

To receive and consider any procedural motions by Members of the 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 Council, Councillor Foulds, moved and the Leader of the Conservative Group, Councillor C. Mote, seconded a procedural motion for an Urgent Motion relating to the closure of the South Harrow Post Office to be admitted to the business to be transacted at this Council Meeting.

The Council noted that the proposed Urgent Motion had met the requirements of the Council Procedure Rule, having been received prior to the deadline for the receipt of such Motions and having provided reasons for urgency.

The proposal received the general assent of the Council.

RESOLVED:

THAT THE PROCEDURAL MOTION UNDER COUNCIL PROCEDURE RULE 15.2 RELATING TO THE ADMISSION OF AN URGENT MOTION BE AGREED, AND THAT THE URGENT MOTION BE CONSIDERED FOLLOWING ITEM 11 ON THE SUMMONS.

(See Resolution 182).

His Worship the Mayor proposed from the Chair that, in line with the practice in previous years, the rules of debate be varied to reflect the importance of the Revenue Budget as a subject matter.  A note reflecting the consensus among the political groups on the procedures which would apply for the purposes of the revenue budget debate had been tabled.

The proposal received the general assent of the Council.

RESOLVED:

THAT THE PARTIAL SUSPENSION OF THE RELEVANT COUNCIL PROCEDURE RULES REGARDING THE MOVING OF A RECOMMENDATION FROM THE EXECUTIVE AND THE RULES OF DEBATE (INCLUDING EXTENDED TIME FOR OPENING AND CLOSING SPEECHES), AS SET OUT IN THE TABLED NOTE, BE APPROVED FOR THE PURPOSES OF THE REVENUE BUDGET DEBATE.

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.

(1)        The following petitions were submitted by Members of Council:

(i)            Submitted by Councillor Mary John, containing 233 signatures of local residents opposing the application for planning permission to build a block of 8 flats at 14A Thornton Grove, Hatch End.

[Note: The petition stood referred to the Development Control Committee].

(ii)            Submitted by Councillor Marie-Louise Nolan, containing 145 signatures of local residents, parents, staff and governors at Whitefriars School calling upon the Council to implement traffic-calming measures outside the school.

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

(iii)            Submitted by Councillor Janet Mote, containing 99 signatures of local residents requesting that the Council take enforcement action in respect of a breach of planning control at 201-203 Headstone Lane, Harrow.

            [Note: The petition stood referred to the Development Control Committee].

(2)        A petition was submitted by a member of the public, as follows:

            Submitted by Mr S Sheinwald, signed by some 24,000 local residents calling upon the Council to take immediate action to ensure that any increase in Council Tax in 2004/5 be no higher than the rate of inflation, and that the standard of services improve.

[Note: The petition was formally received and taken into account for the purposes of the Revenue Budget and Council Tax decision (see Resolution 177 below)].

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 5.00 pm two clear working days prior to the day of this Meeting.

(Note: Confirmation of any  questions received by the deadline will be tabled).

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

At Item 7 on the Summons, the Council received Recommendation I of the Cabinet meeting of 17 February 2004 in this matter.

Further to the decision outlined at Resolution 174 above, the Mayor moved Recommendation I for the purposes of opening the debate.  (No precedent was intended by this arrangement for this occasion).  The Political Groups each tabled an amendment to Recommendation I, and the three amendments were debated jointly.

(i)            Councillor Foulds moved, and Councillor Dighé seconded, a detailed amendment including specific proposals for the Authority’s budget for 2004/05 and a revised model Council Tax resolution on the basis of those proposals, which would result in a Council Tax increase of 3.27%.

(ii)            Councillor D Ashton moved, and Councillor John Cowan seconded, a detailed amendment including specific proposals for the 2004/05 budget and a revised model Council Tax resolution on the basis of those proposals, which would result in a Council Tax increase of 2.21%.

(iii)            Councillor Miss Lyne moved, and Councillor Thornton seconded, a detailed amendment including specific proposals for the Authority’s budget for 2004/05 and a revised model Council Tax resolution on the basis of those proposals, which would result in a Council Tax increase of 2.52%.

(iv)            Following a lengthy debate, each amendment was voted on separately.

(v)         Upon a vote, the amendment outlined at (iii) above was not carried.

(vi)        On the amendment outlined at (ii) above being voted upon, this was also not carried.

(vii)       Upon a further vote, the amendment outlined at (i) above was carried.

(viii)       The Meeting then moved to a vote on the substantive Recommendation, as amended; this was carried and adopted.

RESOLVED:

THAT THE SUBSTANTIVE RECOMMENDATION, AS AMENDED, BE ADOPTED IN THE FOLLOWING FORM:

(1)  That Council consider the budget options and approve a budget to enable the Council Tax for 2004?2005 to be set;

(2)  that the model Council Tax Resolution set out below be approved;

COUNCIL TAX RESOLUTION

(A)                To note that at its meeting on 22 January 2004 the Council calculated the amount of 83,652 as its Council Tax Base for the year 2004-2005 in accordance with Regulation 3 of the Local Authorities (Calculation of Council Tax Base) Regulations 1992 made under Section 33 (5) of the Local Government Finance Act 1992.

(B)                That the following amounts be now calculated by the Council for the year 2004?2005, in accordance with Sections 32 to 36 of the Local Government Finance Act 1992;

Further to Item 8 on the Summons, the Council received Recommendation II from the Cabinet meeting of 17 February 2004 in this matter.

The Recommendation was adopted as printed.

RESOLVED:

THAT THE ‘PRUDENTIAL BORROWING’ INDICATORS SET OUT IN APPENDIX 1 TO THE REPORT OF THE EXECUTIVE DIRECTORS OF URBAN LIVING AND BUSINESS CONNECTIONS BE APPROVED.

Reason for Decision: To improve the management and delivery of the Capital Programme whilst operating under the new ‘Prudential Borrowing’ Indicators.

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).

These requirements are met in the attached paper from the Borough Solicitor.

FOR CONSIDERATION

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

RESOLVED:

THAT THE URGENT DECISIONS TAKEN BY PORTFOLIO HOLDERS NOW REPORTED BE NOTED.

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.

(A)              The following three questions have been notified.

(1)              Question of the Education and Lifelong Learning Portfolio Holder:

Councillor Knowles has given notice of the following question to be asked of Councillor Stephenson:-

“Would the Portfolio Holder please comment on the quality of post-16 Education in Harrow “.

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

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

“Are our Parking attendants and Charges, both on Sundays, used merely to raise revenue for the Council ?”

(3)              Question of the Leader of the Council and Strategy and External Affairs Portfolio Holder:

Councillor Knowles has given notice of the following question to be asked of Councillor Foulds:-

“How many calls has the “free” Council Tax 2004/05 Hotline received and what has been the cost of this “phoneline” ?”

(B)             Any Other Questions of which Notice may be given.

(Note: Confirmation of any such further Questions will be tabled).

Further to Item 10 on the Summons, the following questions had been submitted by a Member of the Council, notice of which had been duly given under the provisions of Council Procedure Rule 13.2.

[Notes: (1) In moving the first of the above questions, Councillor Knowles sought leave of the Council to correct the remit of the question from that shown on the Summons, which was consented to by the Council, and that correction is reflected in the above text;

(2) oral answers were provided to the above questions and, under the provisions of Council Procedure Rule 13.5, supplementary questions to each of the above questions were asked and were additionally answered].

The following Motion will be moved by Councillor Knowles and seconded by Councillor C. Mote:-

“This Council notes the chaos that ensued from the awarding of contracts to install double glazing and doors on the Eastcote Lane Estate, as was evidenced at the Tenants' and Leaseholders' Consultative Forum (Special) held on Wednesday, 21 January, 2004.

This Council also notes the lack of consultation with affected Tenants and Leaseholders.

This Council further notes the lack of on-site monitoring of both Contractors and the work carried out.

This Council deplores the Portfolio Holder’s lack of courtesy in not attending the TLCF (Special) meeting on Wednesday, 21 January, 2004, his lack of apology for not attending the meeting and for his gross rudeness to both the Tenants and Leaseholders and to the Council in not sending a reserve in his place.

Accordingly, this Council resolves to express its lack of confidence in the Portfolio Holder for Planning, Development and Housing and demands his resignation from this Portfolio forthwith.”

FOR CONSIDERATION

(i)            Councillor Knowles moved and Councillor C. Mote seconded the following Motion appearing at Item 11 of the Summons:

“This Council notes the chaos that ensued from the awarding of contracts to install double-glazing and doors on the Eastcote Lane Estate, as was evidenced at the Tenants’ and Leaseholders’ Consultative Forum meeting held on Wednesday 21 January 2004.

This Council also notes the lack of consultation with affected Tenants and Leaseholders.

This Council further notes the lack of on-site monitoring of the contractors and the work carried out.

This Council deplores the Portfolio Holder’s lack of courtesy in not attending the TLCF (Special) meeting on Wednesday 21 January 2004, his lack of apology for not attending the meeting and for his gross rudeness to both the Tenants and Leaseholders and to the Council in not sending a reserve in his place.

Accordingly, this Council resolves to express its lack of confidence in the Portfolio Holder for Planning, Development and Housing and demands his resignation from this Portfolio forthwith.”

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

RESOLVED:

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

[Note:  At 11.15 pm, during the course of the debate on the above Motion, Councillor Toms moved under the provisions of Council Procedure Rule 17.10 (d) “that the question now be put”.  This received the general assent of the Council and the Meeting moved to a vote on the Motion].

(i)         Further to the decision outlined at Resolution 173 above, Councillor Foulds moved and Councillor C. Mote seconded the following Motion:

“This Council is seriously concerned about the current proposal to sell the premises of the South Harrow Crown Post Office to a company which plans to convert the premises to a card and gift shop and significantly reduce the space available for the provision of PO services.

The  Council deplores the fact that:

·         There has been no genuine consultation about the principle of the sale and conversion

·         No information is available about the accommodation to be retained for PO services

·         All the informal meetings have been scheduled for day time, only 2 hours on each day, 4 hours in total, thereby excluding many interested residents

·         The employment of long-serving, experienced staff in the branch will be terminated

·         There is no long-term guarantee of the continuation of all services at present provided.

The loss of Crown PO means residents would be forced to travel unacceptable distances to access one at either Harrow, Pinner, Eastcote or Northolt.

Harrow deplores the total lack of any meaningful consultation.  The Council believes the proposal will be prejudicial to the viability of South Harrow and the convenience of local residents and determines to convey its concern to the PO, K.P. Retail Ltd. and the local MP”.

(ii)         The Motion was agreed unanimously.

RESOLVED:

THAT THE MOTION, AS SET OUT AT (i) ABOVE, BE ADOPTED UNANIMOUSLY.

[Note: At 11.21 pm, during the course of the debate on the above Motion, Councillor Gate moved under the provisions of Council Procedure Rule 17.10 (d) “that the question now be put”.  This received the general assent of the Council and the Meeting moved to a determination on the Motion as recorded above].

At  various times during the course of the Meeting the Council considered the requirement to extend the proceedings beyond the formal guillotine time of 10.30 pm under the provisions of Council Procedure Rule 10.2(ii) as follows:

(i)         at 10.28 pm, during consideration of the Revenue Budget 2004-2005 and Initial Medium Term Revenue Budget Strategy 2004-2005 to 2006-2007, the Mayor proposed an extension of 30 minutes, which was agreed by general consent;

(ii)         at 10.57 pm, during the Questions with Notice at Item 10, the Mayor proposed an extension of 15 minutes, which was agreed by general consent;

(iii)        at 11.14 pm, during the Motion at Item 11, the Mayor proposed a further extension of 15 minutes, which was also agreed by general consent.

RESOLVED:

THAT, UNDER THE PROVISIONS OF COUNCIL PROCEDURE RULE 10.2(ii), THE MEETING BE EXTENDED TO 11.00 PM, 11.15 PM AND 11.30 PM RESPECTIVELY.