Agenda and minutes

Council - Thursday 21 October 2004 7.30 pm

Venue: Council Chamber Harrow Civic Centre

Contact: Jo Portillo, Democratic and Member Services Manager  Tel: 020 8424 1284 E-mail:  jo.portillo@harrow.gov.uk

Items
No. Item

OPENING PROCEEDINGS

228.

PRAYERS

Minutes:

The Mayor’s Chaplain, the Reverend Clive Pearce, led the Meeting in formal opening prayers.

229.

OPENING ADDRESS FROM THE MAYOR

Minutes:

The Mayor welcomed Members to the Meeting and congratulated Councillor Gate on recently becoming a grandfather. She also thanked all those Councillors who had attended the memorial service held for her mother.

PROCEDURAL MATTERS

230.

COUNCIL MINUTES

That the minutes of the:-

 

(i)                 Ordinary Meeting held on 29 April 2004:

(ii)               Annual Meeting held on 13 May 2004: and

(iii)             Extraordinary Meeting held on 24 June 2004;

 

all having been circulated,  to be taken as read and signed as correct records.

 

(Notes: (i) the above Minutes have been circulated previously within the relevant Volumes of Cabinet and Council Minutes ;

 

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

Minutes:

(i)                   Minutes of the Annual Meeting (13 May 2004): The Leader of the Conservative Group, Councillor C Mote, indicated that he had an outstanding procedural issue arising from the Annual Meeting which he would take up with the officers outside the forum of this meeting.

 

(ii)                 Minutes of the Extraordinary Meeting (24 June 2004): The Leader of the Conservative Group, Councillor C Mote, indicated that he would wish to record a reason for his Group’s Members having left the proceedings prior to the Extraordinary Meeting having ended.

 

The Leader of the Council, Councillor Foulds, objected to that proposal and to the wording of the reason put forward, as being inappropriate to the accuracy of the minutes.

 

The Council noted the comments of the Leader of the Conservative Group and the Leader of the Council.

 

RESOLVED:

 

THAT THE MINUTES OF THE ORDINARY MEETING HELD ON 29 APRIL 2004, THE  ANNUAL MEETING HELD ON 13 MAY 2004 AND THE  EXTRAORDINARY MEETING HELD ON 24 JUNE 2004, ALL HAVING BEEN CIRCULATED,  BE TAKEN AS READ AND SIGNED AS CORRECT RECORDS.

231.

DECLARATIONS OF INTEREST

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

Minutes:

(i)                   Item 13 on the Council Summons: Pinner War Memorial Fund

All Members present declared an interest in the above item arising from the fact that they were Trustees of the Memorial Fund. They remained and took part in the discussion and voting on this item.

 

(ii)                 Item 23 on the Council Summons: the Exercise of Discretion Under Regulation 52 of the Local Government Pension Scheme Regulations 1997 (as amended)

Having declared a personal interest in the above item arising from the fact that he was paid by the Authority, Councillor Currie remained and took part in the discussion and voting on this item.

 

RESOLVED:

 

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

232.

PROCEDURAL MOTIONS

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).

Minutes:

(1)  VARIATION OF ORDER OF BUSINESS (RULE 4.2)

 

The Leader of the Council, Councillor Navin Shah, 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 Items 5 (Mayor’s Announcements) and 27 (Director of Corporate Governance: Allocation of Statutory Monitoring Officer Role) on the Summons immediately prior to Item 3 (Appointment of the Leader of the Council).

 

This 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 5 AND 27 IMMEDIATELY PRIOR TO ITEM 3.

 

(2)  URGENT MOTION (RULE 15.2)

 

Councillor Navin Shah moved and Councillor C Mote seconded the receipt of an Urgent Motion under Council Procedure Rule 15.2 (Urgent Motions), that the Council accept an additional Motion onto the Summons in relation to the proposed Post Office closures in Harrow. In accordance with Rule 15.2(b) the grounds for urgency were set out.

 

This procedural motion received the general assent of Council.

 

RESOLVED:

 

THAT, UNDER THE PROVISIONS OF COUNCIL PROCEDURAL RULE 15.2, THE URGENT MOTION BE ACCEPTED ON TO THE SUMMONS FOR CONSIDERATION.

 

(See also Minute 249).

233.

MAYOR'S ANNOUNCEMENTS

To receive any announcements from the Mayor.

 

(Note: Information as to recent Mayoral engagements will be tabled).

Minutes:

RESOLVED:

 

THAT THE COUNCIL RECEIVE AND NOTE THE REPORT OF THE WORSHIPFUL THE MAYOR, AS TABLED, UPON HER OFFICIAL DUTIES, TOGETHER WITH THOSE OCCASIONS ON WHICH SHE WAS REPRESENTED BY THE DEPUTY MAYOR AND PAST MAYORS, SINCE THE ANNUAL MEETING OF COUNCIL ON 13 MAY 2004.

234.

DIRECTOR OF CORPORATE GOVERNANCE: ALLOCATION OF STATUTORY MONITORING OFFICER ROLE

Arising from the revised organisational and management structure adopted in respect of the Law and Administration Division, Chief Executive’s Directorate, which included the deletion of the post of “Borough Solicitor”, there is a requirement to approve an appropriate amendment to the Council’s Constitution so as to allocate the statutory Monitoring Officer role (as specified in the Constitution) to the new post of Director of Corporate Governance.

 

FOR CONFIRMATION

Minutes:

Further to the information provided at Item 27 of the Summons it was

 

RESOLVED:

 

THAT THE STATUTORY MONITORING OFFICER ROLE (AS SPECIFIED IN THE CONSTITUTION) BE ALLOCATED TO THE NEW POST OF DIRECTOR OF CORPORATE GOVERNANCE.

235.

APPOINTMENT OF THE LEADER OF THE COUNCIL

(Article 7 of the Constitution – “The Executive”).

 

Further to the appointment made at the Annual Council Meeting on 13 May 2004 under the provisions of Paragraph 7.03 of Article 7, Councillor Foulds has given formal written notice on 13 October to the Chief Executive of his resignation from the office of Leader of the Council.

 

The Group has given further notice that it nominates Councillor Navin Shah for appointment as Leader of the Council for the remainder of the Municipal Year 2004/05 for the Council’s agreement.

 

FOR DECISION

Minutes:

It was noted that, further to the appointment made at the Annual Council Meeting on 13 May 2004 under the provisions of Paragraph 7.03 of Article 7, Councillor Foulds had given formal written notice on 13 October to the Chief Executive of his resignation from the office of Leader of the Council.

 

Upon the nomination of Councillor Navin Shah, Leader of the Labour Group, to the office of Leader of the Council, it was,

 

RESOLVED:

 

THAT COUNCILLOR NAVIN SHAH BE APPOINTED LEADER OF THE COUNCIL FOR THE REMAINDER OF THE MUNICIPAL YEAR 2004/05.

236.

EXECUTIVE FUNCTIONS 2004/05

The detailed proposal is attached.

 

FOR CONSIDERATION

Minutes:

(i)                   Having agreed the appointment of Councillor Navin Shah as Leader of the Council, the meeting received from him a revised form of the Executive for approval at Item 4 of the Summons.

 

(ii)                 Under the provisions of Council Procedure Rule 17.7, Councillor Navin Shah moved an alteration to the proposed Portfolio Holder delegations in the following terms:

 

“Add to the responsibilities of the Portfolio Holder for Communications, Partnership and Human Resources:

 

Communications

 

·                    oversee the arrangements for the marketing and promotion of Harrow and for meeting the local and national press, television and radio;

 

·                    liaise with the Manager of the Communications Unit on the content of the Borough publications and electronic communications”.

 

The alteration was agreed by general assent.

 

(iii)                The revised form of the overall Executive and its delegations was agreed subject to the above alteration.

 

RESOLVED:

 

THAT (1) COUNCILLOR DIGHÉ BE APPOINTED DEPUTY LEADER OF THE COUNCIL FOR THE REMAINDER OF THE MUNICIPAL YEAR 2004/05; AND

 

(2) THE REVISED FORM OF THE OVERALL EXECUTIVE BE AGREED SUBJECT TO THE ABOVE ALTERATION (and as set out at the attached Appendix 1).

237.

ANNOUNCEMENTS BY THE LEADER

Minutes:

(i)                   Tribute to Councillor Foulds

The Leader, Councillor Navin Shah, paid tribute to the leadership and contribution of Councillor Foulds and, on behalf of the whole Council, these sentiments were endorsed by the Mayor, who wished Councillor Foulds well for the future.

 

(ii)                 Season’s Greetings

The Leader conveyed his best wishes to the communities of Harrow for Navratri and the upcoming Hindu Festival of Lights and Hindu New Year. With regard to the Borough’s Islamic community, he noted that it was currently the holy month Ramadan and extended his best wishes for Eid, which would fall on 14 November.

PUBLIC REPRESENTATIONS

238.

PETITIONS

To receive petitions (if any) submitted in accordance with Council Procedure Rule 11 (Part 4A of the Constitution) and presented:-

 

(i)

by a representative of the petitioners; or

(ii)

by a Councillor, on behalf of petitioners; or

(iii)

by the Borough Solicitor, on behalf of petitioners.

Minutes:

In accordance with Council Procedure Rule 11, the following petitions were presented:

 

(1)                 By Members of the Council on behalf of petitioners:

 

(i)                Councillor Williams submitted a petition signed by approximately 183 local residents which objected to parking restrictions in Pinner.

 

[The petition stood referred to The Traffic and Road Safety Advisory Panel].

 

(ii)               Councillor Silver presented a petition signed by approximately 460 local residents which objected to the controlled parking outside the shops on Pinner Road, North Harrow.

 

[The petition stood referred to The Traffic and Road Safety Advisory Panel].

 

(iii)             Councillor Mrs Kinnear submitted two petitions. The first, which objected to the closure of the Post Office situated at 3 Northolt Road, was signed by approximately 71 local residents. The second, which objected to the closure of the Post Office situated at 37 Shaftesbury Parade, was signed by approximately 26 local residents.

 

[The petitions were noted in the context of the Motions adopted and set out at Minute 249 below].

 

(iv)              Councillor Mrs Bath presented two petitions. The first was signed by 24 residents of Colman Court, Stanmore and objected to the extension of the Stanmore Controlled Parking Zone. The second was signed by 11 Members of the Greyfell Close Residents’ Association and commented on and raised queries in relation to the extension of the Stanmore Controlled Parking Zone.

 

[The petitions stood referred to The Traffic and Road Safety Advisory Panel].

 

(v)               Councillor C Mote submitted a petition signed by approximately 1200 local residents which objected to the 8.00 pm parking restriction in place at the upper end of Marsh Road.

 

[The petition stood referred to The Traffic and Road Safety Advisory Panel].

 

(2)                 By members of the public:

 

(i)                Mr Diamond presented a petition signed by approximately 314 residents of Stanmore which objected to the extension of the Stanmore Controlled Parking Zone.

 

[The petition stood referred to The Traffic and Road Safety Advisory Panel].

 

(ii)               Mr Wayne presented two petitions which objected to the extension of the Stanmore Controlled Parking Zone. The first was signed by approximately 55 residents of Silverston Way, Stanmore and the second was signed by 22 residents of Courtens Mews.

 

[The petitions stood referred to The Traffic and Road Safety Advisory Panel].

239.

PUBLIC QUESTIONS

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 such questions will be tabled).

Minutes:

Further to Item 8 on the Summons, the following 2 questions were submitted by members of the public, in accordance with Council Procedure Rule 12.3:

 

QUESTION BY

 

QUESTION OF

TEXT OF QUESTION

Mr P Seedher

Leader of the Council 

““From my question to Cabinet last Thursday – we have established that the Chief Executive, the Directors and Cabinet are responsible for the proper accounting of all income and expenditure.

 

Cllrs Shah and Burchell were keen to confirm that proper accounts had indeed been presented for the Council including the Housing Dept.  Incredible as I find this I shall return to this miracle of accounting later.  So what is the problem with the Housing Dept and its Maintenance Budget?

 

Was it perhaps a failure of management control by the Chief Executive and her 21 Directors?”

 

 

 

 

Mr J Zeid

Finance Portfolio Holder (Councillor Dighé)

“Could the portfolio holder for finance indicate the effect that the £2.5 million spent on refurbishing the Civic Centre has had on the Council Tax, both as a percentage of the total and in Pounds and Pence per household that are ACTUALLY PAYING Council Tax?  An average figure at Bands D and E would be a good indicator.”

 

[Note: Oral answers were provided to the above questions and under the provisions of Council Procedure Rule 12.4, the second questioner also asked a valid supplementary question which was additionally answered].

REPORTS FROM THE EXECUTIVE

240.

FINANCIAL REGULATIONS AND CONTRACT PROCEDURE RULES

CABINET (20 MAY 2004)                -    RECOMMENDATION  I

 

The Cabinet Recommendation in this matter is enclosed, together with the detailed revised Regulations and Rules, inclusive of the amendments subsequently agreed by the Portfolio Holder for Finance, Human Resources and Performance Management  for incorporation into the finalised draft (as authorised by the terms of the Recommendation).

Minutes:

RECOMMENDATION I: (Cabinet – 20 May 2004)

 

RESOLVED:

 

THAT THE ABOVE RECOMMENDATION BE ADOPTED AS PRINTED.

241.

SERVICE AND FINANCIAL PLANNING PROCESS 2005-06 TO 2007-08

CABINET (29 JULY 2004)                 -    RECOMMENDATION  I

Minutes:

RECOMMENDATION I: (Cabinet – 29 July 2004)

 

RESOLVED:

 

THAT THE ABOVE RECOMMENDATION BE ADOPTED AS PRINTED.

242.

NINTH LONDON LOCAL AUTHORITIES BILL

CABINET (14 October 2004)                                            -   RECOMMENDATION  I

 

To consider a Recommendation in this matter.

 

Minutes:

RECOMMENDATION I: (Cabinet – 14 October 2004)

 

(i)                   As Leader of the Council, Councillor Navin Shah formally moved the above Recommendation of Cabinet.

 

(ii)                 Councillor Miss Lyne moved and Councillor C Mote seconded an amendment to this Recommendation in the following terms:

 

“Add a second part to the Recommendation as follows:-

 

“That the ALG be advised of the issues referred to in the preamble to the Recommendation (second paragraph) for its consideration in the context of any future legislative proposals” “

 

This was agreed by general assent of the Council.

 

(iii)                The Recommendation was adopted as amended.

 

RESOLVED:

 

THAT (1) IT BE AGREED UNANIMOUSLY THAT THE NINTH LONDON LOCAL AUTHORITIES BILL STATUTORY FIRST RESOLUTION OF COUNCIL BE ADOPTED AS SET OUT IN APPENDIX 2 ATTACHED TO THESE MINUTES; AND

 

(2) THE CABINET RECOMMENDATION BE ADOPTED, SUBJECT TO THE AMENDMENT SET OUT AT (ii) ABOVE.

243.

LONDON LOCAL AUTHORITIES AND TRANSPORT FOR LONDON ACT 2003 - ADDITIONAL ENFORCEMENT POWERS

CABINET (14 OCTOBER 2004)                          -   RECOMMENDATION  II

 

To consider the Recommendation in this matter.

Minutes:

RECOMMENDATION II: (Cabinet – 14 October 2004)

 

Having, as Leader of Council, formally moved the above Recommendation, under the provisions of Council Procedure Rule 17.7 Councillor Navin Shah moved an alteration to the Recommendation in the following terms:

 

“Add a third part to the Recommendation as follows:

 

‘That the enforcement powers conferred on the Authority by the Sections of the Act referred to in (1) above shall not be exercised without the express written agreement of each of the Leaders of the three political Groups on the Council’.”

 

This was agreed by general consensus.

 

RESOLVED:

 

THAT THE RECOMMENDATION BE ADOPTED SUBJECT TO THE AMENDMENT SET OUT ABOVE.

244.

PINNER WAR MEMORIAL FUND

CABINET (14 OCTOBER 2004)                           -  RECOMMENDATION III

 

To consider the Recommendation in this matter.

Minutes:

RECOMMENDATION III: (Cabinet – 14 October 2004)

 

RESOLVED:

 

THAT THE ABOVE RECOMMENDATION BE ADOPTED AS PRINTED.

REPORTS FROM OVERVIEW AND SCRUTINY

245.

ANNUAL REPORT OF THE OVERVIEW AND SCRUTINY COMMITTEE 2003/04

OVERVIEW AND SCRUTINY COMMITTEE (19 OCTOBER 2004)  -

RECOMMENDATION I.

 

To consider the Recommendation in this matter.

Minutes:

RECOMMENDATION I: (Overview and Scrutiny Committee – 19 October 2004)

 

RESOLVED:

 

THAT THE ABOVE RECOMMENDATION BE ADOPTED AS PRINTED.

 

[Note: The Chair of the Overview and Scrutiny Committee together with the Leader of the Council placed on record their appreciation of the work of the Members and Co?opted Members of the Overview and Scrutiny Committee and its Sub?Committees].

246.

ESTABLISHMENT OF AN AUDIT COMMITTEE

OVERVIEW AND SCRUTINY COMMITTEE (19 OCTOBER 2004) – RECOMMENDATION II.

 

To consider the Recommendation in this matter.

Minutes:

RECOMMENDATION II: (Overview and Scrutiny Committee – 19 October 2004)

 

RESOLVED:

 

THAT THE ABOVE RECOMMENDATION BE ADOPTED AS PRINTED.

REPORTS FROM COUNCIL COMMITTEES

247.

TRAINING FOR MEMBERS OF THE DEVELOPMENT CONTROL COMMITTEE

(1)               DEVELOPMENT CONTROL COMMITTEE (7 SEPTEMBER 2004) – RECOMMENDATION I.

 

(2)               Arising from the above Recommendation, to consider the adoption of   an appropriate Committee Procedure Rule implementing the requirement for Members serving on the Committee to be trained. The draft of such a Procedural Rule is attached. [It is proposed that this Rule might be inserted into the Committee Procedure Rules as new Rule 7, with a consequent renumbering thereafter]. 

 

FOR CONSIDERATION  

Minutes:

(1)  RECOMMENDATION I: (Development Control Committee – 7 September 2004)

 

RESOLVED:

 

THAT THE ABOVE RECOMMENDATION BE ADOPTED AS PRINTED.

 

(2)  ASSOCIATED COMMITTEE PROCEDURE RULE

 

(i)                   Councillor Mrs Kinnear moved and Councillor Marilyn Ashton seconded an amendment to the Committee Procedure Rule associated with the above Recommendation in the following terms:

 

“7.2 After ‘Committee’ (3rd Line) delete all and insert:

 

“A Register of those Members who have completed the Training Course shall be kept by the Monitoring Officer and updated periodically by him/her as future Members are trained”

 

7.3 After ‘Period’ (4th Line) insert:

 

“Training shall be provided by the Borough within this period” “.

 

This was agreed by general assent of the Council.

 

(ii)                 A second amendment which had been advised in relation to the Procedure Rule was withdrawn with the consent of the Council.

 

RESOLVED:

 

THAT THE ASSOCIATED PROCEDURE RULE BE ADOPTED AS SET OUT AT APPENDIX 3.

ISSUES RAISED BY COUNCIL MEMBERS

248.

QUESTIONS WITH NOTICE

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 a 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 Chief Executive by 12.00  noon on the day of the Council Meeting.

Minutes:

Further to Item 17 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, all except question 3 were answered orally (see notes below):

 

QUESTION BY

 

QUESTION OF

TEXT OF QUESTION

(1)  Councillor Williams

Portfolio Holder for Environment and Transport

(Councillor O’Dell)

“Re – Cancellation of June Traffic and Road Safety Panel

 

The June meeting of the Traffic and Road Safety Panel was cancelled due to a lack of business.

 

Although there was a protest from one of the Members of the Panel that there was, in the Member’s opinion, many items of a substantial nature requiring discussion, the decision by the Portfolio Holder stood, and the meeting did not take place.

 

In reaching his decision was the Portfolio Holder indicating to Constituents and Councillors that there were no major Traffic or Road Safety problems in Harrow in June of this year?”

 

 

 

(2)  Councillor John Cowan

The Leader of the Council

(Councillor Navin Shah)

“Given the problems that are afflicting Pensions Funds at present, could the Leader of the Council please comment on the state of Harrow’s schemes?”

 

 

 

(3)  Councillor Mrs Kinnear

Portfolio Holder for Planning, Development and Housing (Councillor Burchell)

 

“Is it correct that a number of flats previously occupied by Wardens in Sheltered Housing accommodation blocks are vacant:  pending a decision to be made by the Borough on the future of sheltered housing?  If this is correct how many units are vacant, and in each case for how long have they each been unoccupied?”

 

 

 

(4)  Councillor Knowles

Portfolio Holder for Planning, Development and Housing (Councillor Burchell)

“Would the Housing Portfolio Holder care to comment on the reasons why the Housing Revenue Account showed a £2 million overspend this year?”

 

 

[Notes: (1) The Portfolio Holder for Environment and Transport deferred to Councillor Miles, the Chair of the Traffic and Road Safety Advisory Panel, to answer question 1;

 

(2) The Leader deferred to Councillor Dighé, the Deputy Leader of the Council and Portfolio Holder for Business Connections and Performance, to answer question 2;

 

(3) Under the provisions of Council Procedure Rule 13.5, the Members submitting the above questions asked an oral supplementary question each, which were also answered;

 

(4) In accordance with Council Procedure Rule 13.4, it was agreed that a written answer would be provided to question (3); and

 

(5) A fifth question identified in the tabled documents was withdrawn by the questioner before being put].

249.

URGENT MOTION - POST OFFICE CLOSURES

Minutes:

(i)                   The following Urgent Motion, having been admitted to the Council Summons under the Provisions of Council Procedure Rule 15.2 (See Minute 232 above), was moved by Councillor Navin Shah and seconded by Councillor C Mote:

 

“That the Council welcomes the resolution, set out below, agreed by members of the Harrow Strategic Partnership Board.  This resolution is fully endorsed by Members of the Harrow Council and jointly with the HSP Board.  This Council calls on the Post Office to provide a service to meet the needs of all the local communities.

 

The Board Members of Harrow Strategic Partnership are seriously concerned by Post Office’s (POL) proposal to close nine post offices in the Borough of Harrow.”

 

“This Partnership deplores the fact that:

 

·                     The consultation period has been too brief to allow adequate consultation with regular customers.

·                     The closures will disproportionately affect the elderly, people with disabilities and those unable to use a car.

·                     It will create unnecessary pressure at remaining post offices.

·                     The closures will threaten nearby businesses by removing passing trade and have an impact upon the vibrancy of localities.

 

The Partnership supports the community’s opposition to the closures and demands the removal of the threat of closures on the grounds that the social impact outweighs any possible commercial benefit to POL.  Further, the Partnership recommends that downgrading of post offices is reversed and the premises improved to provide services that are relevant to local needs, thereby ensuring their increased use by local residents.  The Partnership also recommends that POL work with local partners in developing innovative services.”

 

(ii)                 Upon a vote, the Motion was carried unanimously.

 

RESOLVED:

 

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

250.

MOTION AT ITEM 18 (1) OF THE SUMMONS - POST OFFICE ACTS

Minutes:

(i)                   Councillor C Mote moved and Councillor D Ashton seconded the following Motion appearing at Item 18 (1) of the Summons:

 

“We, the Undersigned, call on Harrow Council to condemn the actions of our MPs in voting for the Post Office Acts. We believe the nine closures that are now threatened in Harrow are a direct result of those policies and call on both our Parliamentary representatives to explain their actions or resign”.

 

(ii)                 Councillor Thornton moved that the words “or resign” be deleted from the Motion.The mover and seconder of the original Motion indicated their acceptance of this proposal.

 

(iii)                The substantive Motion, as altered, was agreed as follows:

 

“We, the Undersigned, call on Harrow Council to condemn the actions of our MPs in voting for the Post Office Acts. We believe the nine closures that are now threatened in Harrow are a direct result of those policies and call on both our Parliamentary representatives to explain their actions”.

 

RESOLVED:

 

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

 

[Notes: (1) Councillors Arnold, Branch, D Ashton, Marilyn Ashton, Mrs Bath, Miss Bednell, Billson, Champagnie, Janet Cowan, John Cowan, Harriss, Mary John, Mrs Kinnear, Knowles, Lammiman, Miss Lyne, Myra Michael, Vina Mithani, C Mote, Janet Mote, John Nickolay, Mrs Joyce Nickolay, Osborn, Anjana Patel, Pinkus, Romain, Seymour, Silver, Thornton and Versallion wished to be recorded as having voted in favour of adopting the above Motion;

 

(2) Councillors Asante, Blann, Bluston, Burchell, Choudhury, Currie, Davine, Dharmarajah, Dighé, Foulds, Gate, Mitzi Green, Ann Groves, Harrison, Idaikkadar, Ismail, Kinsey, Lavingia, Miles, Marie-Louise Nolan, O’Dell, Omar, Ray. Navin Shah, Mrs R Shah, Stephenson, Thammaiah, Toms, and Anne Whitehead wished to be recorded as having voted against adopting the above Motion].

251.

MOTION AT ITEM 18 (2) - LOCALLY LISTED BUILDINGS

Minutes:

The Motion set out at Item 18(2) of the Summons in the names of Councillors John Knowles and Jean Lammiman was withdrawn from consideration with the consent of Council as the matter was to be the subject of inter-Group discussions.

252.

MOTION AT ITEM 18 (3) - SMALL BUSINESSES

Minutes:

(i)               Councillor Vina Mithani moved and Councillor Silver seconded the following Motion appearing at 18(3) of the Summons:

 

“We, the Undersigned, call on Harrow Council to work to encourage the development of “Next Step” provision for Small Businesses in the Borough”.

 

(ii)             Upon a vote, the Motion was carried.

 

RESOLVED:

 

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

253.

MOTION AT ITEM 18 (4) - LONDON BID FOR THE OLYMPIC GAMES 2012

Minutes:

(i)                   Councillor Navin Shah moved and Councillor Knowles seconded the following Motion appearing at Item 18(4) of the Summons:

 

“The Council recognises the enormous benefits to London in hosting the world’s biggest sporting event. The effects of hosting such a special event would be felt countrywide with direct improvements in our sporting, recreational, social, economic and transport infrastructure.

 

The Council notes that the games would bring direct financial benefits while more importantly enhancing the public’s understanding of disability issues and national cultures while providing role models for the borough’s young people and others throughout Britain. The Council also believes that the Olympic Games and Paralympics are a demonstration of international community cohesion, and that this borough has an identical ambition that the multi-cultural communities of this borough are able to live, work and compete in a spirit of mutual respect. Together with the West London Alliance, this Council therefore gives its wholehearted support to the campaign to bring the Olympic Games and Paralympics to London in 2012”.

 

(ii)                 Councillor C Mote moved and Councillor D Ashton seconded an amendment to the Motion in the following terms:

 

“At the close of existing Motion, after the date ‘2012’ (line fourteen), to add the following wording:-

 

‘In light of the Ken Livingstone’s statement that he (i.e. London Taxpayers) will underwrite the costs of hosting the games, the Council seeks assurances that the Government will ensure that the cost to London Council Tax payers is no more that that borne by other UK residents, such is the national importance of the Olympics’ ”.

 

Upon a vote this was agreed.

 

(iii)                The substantive Motion, as amended, was carried by general assent.

 

[Notes: (1) During the course of the debate on the amendment to the above Recommendation, Councillor Miss Bednell moved, under the provisions of Council Procedure Rule 17.10 (d) “that the question now be put”. This was carried by general consensus and the meeting then moved to a vote on that amendment;

 

(2) It was noted that Part 1 of the Motion only, set out at (i) above, would form the Council’s response to the North West London Olympic Bid].

 

RESOLVED:

 

THAT THE SUBSTANTIVE MOTION SET OUT AT (i) ABOVE, TO INCLUDE THE ADDITION OF THE AMENDMENT AT (ii), BE ADOPTED.

MISCELLANEOUS

254.

DETERMINATION AS TO THE SIZE OF COMMITTEES OF THE COUNCIL AND THE PROPORTIONAL ALLOCATION OF COMMITTEE PLACES

(Local Government (Committees and Political Groups) Regulations 1990).

 

Arising from the receipt of a Notice from the Labour Group on 13 October under the provisions of Regulation 8(5) there is a requirement to effect a new determination on proportionality as soon as practicable.

 

Council is therefore requested to receive and confirm the Determination as to the proportional allocation of Committee places for the remainder of the Municipal Year 2004/05 under the 1990 Regulations.

 

(A draft Determination is being advised to the political Groups on the Council).

 

FOR CONFIRMATION

 

(Note: The determination as agreed would be utilised for the formal appointment of Committee Memberships – see item below).

Minutes:

Arising from the receipt of a Notice from the Labour Group on 13 October 2004 under the provisions of Regulation 8(5) of Local Government (Committees and Political Groups) Regulations 1990, Council received the new Determination on proportionality.

 

RESOLVED:

 

THAT THE DETERMINATION AS TO THE PROPORTIONAL ALLOCATION OF COMMITTEE PLACES FOR THE REMAINDER OF THE MUNICIPAL YEAR 2004/05 UNDER THE 1990 REGULATIONS BE HEREBY CONFIRMED.

255.

APPOINTMENT OF MEMBERS TO COUNCIL COMMITTEES

The proposed Committee memberships are attached.

 

FOR CONFIRMATION

Minutes:

The Meeting received in the Supplemental Summons further to Item 20 on the original Summons, confirmation of the nominations by the political groups to places on the Committees of the Council in accordance with the formal Determination as to the proportional entitlement of the Groups. 

 

The following amendment to the memberships was proposed:

 

Membership of School Organisation Committee:

 

Substitute Councillor Thammaiah for Councillor Gate

 

This was agreed by general consensus.

 

RESOLVED:

 

THAT THE COMMITTEES OF THE COUNCIL BE ESTABLISHED WITH THE MEMBERSHIPS SET OUT, AS AMENDED ABOVE, FOR THE REMAINDER OF THE MUNICIPAL YEAR 2004/05 (see Appendix 4).

256.

APPOINTMENT OF CHAIRS TO COUNCIL COMMITTEES

To consider the nominations for Chairs of Committees as attached.

 

FOR CONFIRMATION

Minutes:

The Meeting received in the Supplemental Summons, further to Item 21 on the original Summons and the appointment of memberships (see Minute 255 above), confirmation of the nominations by the Leader of the Council as to the appointment of Chairs to Committees of the Council for the remainder of the Municipal Year 2004/05.

 

In moving the nominations, the Leader of the Council advised of an alteration to the appointments to effect the replacement of Councillor Idaikkadar as Chair of the Audit Committee with Councillor John Cowan. This was agreed by general consensus.

 

RESOLVED:

 

THAT THE FOLLOWING CHAIRS OF COMMITTEES BE APPOINTED FOR THE REMAINDER OF THE MUNICIPAL YEAR 2004/05:-

 

Audit Committee

Councillor John Cowan

Development Control Committee

Councillor Anne Whitehead

Licensing and General Purposes Committee

Councillor Idaikkadar

Overview and Scrutiny Committee

Councillor Jean Lammiman

257.

OUTSIDE BODY APPOINTMENTS 2004/05

(1) To note that the newly appointed Leader of the Council (item 2 above refers) will replace Councillor Foulds as the Council’s representative on the following outside bodies for the remainder of the Municipal Year 2004/05:-

 

ALG Leaders’ Committee

Local Government Association – General Assembly Meetings

London Housing Unit Committee

West London Alliance

 

FOR INFORMATION

 

(2) The following changes in representation is proposed for approval.

 

Outside Body

 

Original  Appointee

Replacement Appointee

The London Arts Board Local Authority Forum

Manager of Arts and Leisure Services:

Carole Stewart

 

Cultural Strategy Manager:

Mike Padmore

North West London Strategic Health authority – Continuing Care Criteria Review Panel

Councillor Silver

[Note: The eligibility of elected Members to serve on this Panel was removed under a Continuing Care Directive].

Interim Director of Community Care –

Jeff Hobden

 

FOR CONFIRMATION

Minutes:

(i)                   The Council’s confirmation of several Outside Body appointments was sought.

 

(ii)                 As an amendment to the proposal on the Summons to appoint the Leader of the Council as the Council’s representative on the ALG Leaders’ Committee, Councillor D Ashton moved and Councillor Miss Bednell seconded that Councillor C Mote be appointed.

 

Upon a vote, there was an equality of votes cast for and against the amendment.  The Mayor exercised her casting vote in favour of the amendment, to appoint Councillor C Mote as the Council’s representative on the ALG Leaders’ Committee.

 

(iii)                The remainder of the appointments were agreed as printed.

 

RESOLVED:

 

THAT APPOINTMENTS TO OUTSIDE BODIES BE MADE AS FOLLOWS:

 

Outside Body

 

Appointee

ALG Leaders’ Committee

 

Councillor C Mote

Local Government Association – General Assembly Meetings

 

Leader of the Council

London Housing Unit Committee

 

Leader of the Council

West London Alliance

 

Leader of the Council

The London Arts Board Local Authority Forum

 

Cultural Strategy Manager, Mike Padmore

North West London Strategic Health Authority – Continuing Care Criteria Review Panel

Interim Director of Community Care, Jeff Hobden

258.

THE EXERCISE OF DISCRETION UNDER REGULATION 52 OF THE LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1997 (AS AMENDED)

Report of the Chief Executive.

Minutes:

Further to the information set out in the report of the Chief Executive at Item 23 of the Summons it was

 

RESOLVED:

 

THAT (1) THE AUTHORITY AGREES THE EXERCISE OF ITS DISCRETION UNDER REGULATION 52 OF THE LOCAL GOVERNMENT PENSION SCHEME, FACILITATING AN INCREASE IN PENSIONABLE SERVICE;

 

(2) THE COUNCIL DELEGATE EXERCISE OF THIS DISCRETION TO THE CHIEF EXECUTIVE; AND

 

(3) THE FINANCIAL STRAIN ASSOCIATED WITH THE AWARD OF AN ADDITIONAL SERVICE PERIOD IS MET THROUGH A DRAW DOWN ON RESERVES AT THE TIME THE AWARD IS MADE.

259.

OPERATION AND PROVISIONS FOR CALL IN AND URGENCY

Report of the Chief Executive.

Minutes:

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.

260.

DECISIONS TAKEN UNDER THE URGENCY PROCEDURE AND USE OF SPECIAL URGENCY PROCEDURE

In accordance with the relevant Overview and Scrutiny Procedure Rules and Rule 17.3 of the Access to Information Rules, as set out in  Part 4 of the Constitution, the Chief Executive is required to report respectively those urgent decisions and special urgency decisions taken on behalf of the Executive (that is as individually authorised by the Portfolio Holders), since the previous Council Meeting.

 

These requirements are met in the attached paper from the Chief executive.

 

FOR CONSIDERATION

Minutes:

In accordance with the Council’s Overview and Scrutiny Procedure Rules and Access to Information Rules set out in Part 4 of the Constitution, the Chief Executive presented a report at item 25 of the Summons 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 AS NOW REPORTED BE NOTED.

261.

URGENT DECISIONS TAKEN ON MATTERS RESERVED TO THE COUNCIL

In accordance with the delegations to Chief Officers the Leaders of the three political groups on the Council were consulted on and agreed the following urgent decisions on behalf of the Council, being matters reserved to the Council.

 

Re-establishment of the Education Appeals Panel for the 2004/05 Academic Year

 

To appoint Lay or Other Members to Harrow’s Education Appeals Panel for the 2004/05 Academic Year, to serve on both Harrow’s Education Appeals Panels and Appeals Panels set up by Voluntary-Aided schools.

 

Delegations to Officers on Legal and Constitutional Matters

 

To delegate to the Chief Executive the matters in the Constitution currently delegated to the Borough Solicitor.

 

FOR CONFIRMATION

Minutes:

Urgent decisions which, being matters reserved to the Council and in accordance with the delegations to Chief Officers, the Leaders of the three political groups on the Council had been consulted on and had been agreed on behalf of the Council, were now reported.

 

RESOLVED:

 

THAT THE DECISIONS TAKEN UNDER DELEGATIONS TO CHIEF OFFICERS ON BEHALF OF THE COUNCIL AS NOW REPORTED BE NOTED.